Agenda packet, regular meeting — San Bruno City Council, April 26, 2022

"The City with a Heart"
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
AB361
CORONAVIRUS COVID19
On September 16, 2021, the Governor of California signed AB361 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings telephonically or by other electronic means. Pursuant to the CDC’s social distancing guidelines which discourage large public gatherings, the San Bruno City Council meetings are being conducted electronically. The meeting is not available for inperson attendance. Members of the public may attend the meeting by video or phone linked in this agenda or watch by livestream at youtube.com/user/cityofsanbruno . CityNet Services Channel 1 will air the meeting live and the recorded meeting will be made available for viewing on the City’s YouTube channel after the meeting has concluded.

If you would like to make a Public Comment on an item not on the agenda, or comment on a particular agenda item, please email [email protected] . Emails received before the special or regular meeting start time will be forwarded to the City Council, posted on the City’s website and will become part of the public record for that meeting. If emailed comments are received after the meeting start time, or after the meeting ends, they will be forwarded to the City Council and filed with the agenda packet becoming part of the public record for that meeting. Emails received will not be read aloud during the meeting.

Individuals who require special assistance of a disabilityrelated modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the agenda, agenda packet or other writings that may be distributed at the meeting, should contact the City Clerk 48 hours prior to the meeting at (650) 6167070 or by email at [email protected] .

Notification in advance of the meeting will enable the City of San Bruno to make reasonable arrangements to ensure accessibility to this meeting, the materials related to it, and your ability to comment.

AGENDA
SAN BRUNO CITY COUNCIL
April 26, 2022
7:00 PM
Zoom Meeting Details
https://sanbrunocagov.zoom.us/j/82301667112?
pwd=eVN1YWRoVUduUnZNa3RCQVpxRGRZUT09
Webinar or Meeting ID: 823 0166 7112
Webinar or Meeting Password: 134032
Zoom Phone Line: 16699009128 (same webinar ID and password as above)
City Council meetings are conducted in accordance with Roberts Rules of Order. All regular Council meetings are recorded and televised on CityNet Services Channel 1 and replayed the following Thursday, at 2:00 pm.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed three minutes. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

5. ANNOUNCEMENTS/PRESENTATIONS
a. San Bruno is happy to partner with Recology San Bruno again for the Spring 2022 Community Clean Up Event (Drop Off) at 975 Sneath Lane. The drop off event will be held on May 14 from 8:00 a.m. to 11:00 a.m. at 975 Sneath Lane, and is a selfserve drop off, where residents will be required to unload their vehicles. Residents limited to 3 cubic yards per vehicle, and can include bulky items, ewaste, appliances, bags of garbage. Dirt, rock and concrete will not be accepted. Visit sanbruno.ca.gov for more information.
b. Save the date! The San Bruno Lions Club’s Posy Parade and City of San Bruno’s Community Day will be held on June 5, 2022. The Parade will begin at 11:00 a.m. followed by Community Day at 12:00 p.m. on San Mateo Avenue. c. The State of the City Address is scheduled for April 28, 2022 at 5:30 p.m. The presentation will be made LIVE via zoom. More information is available on the City's website at sanbruno.ca.gov.
d. Receive Presentation from the San Bruno Community Foundation on the Listening Campaign 2.0

6. CONSENT CALENDAR
All items are considered routine or implement an earlier Council action and may be enacted by one motion; there will be no separate discussion, unless requested. a. Approve the Draft Special and Regular Meeting Minutes for the Meetings of April 12, 2022
b. Approve Accounts Payable for April 11 and April 18, 2022 c. Accept Payroll for April 10, 2022
d. Waive Second Reading and Adopt an Ordinance Repealing Chapter 10.21 of the San Bruno Municipal Code and Adopting a new Chapter 10.21 Regulating the Use of Disposable Food Service Ware by Food Facilities e. Adopt Resolution Approving Agreement between the City of San Bruno and the Fire Bargaining Unit and Authorizing Execution by the City Manager f. Receive Written Update on the City’s Response Efforts to COVID19

7. CONDUCT OF BUSINESS
a. Adopt Resolution Authorizing the City Manager to Execute OnCall Agreements for Project Management Services with CSG Consultants, Inc., Swinerton Management & Consulting, and West Yost Associates, Inc. in Amounts Not to Exceed $1,000,000 for the First Year and Two Additional Optional Years at $1,000,000 Each Totaling $3,000,000 for Each Firm, for a Total Amount of $9,000,000 for a Total ThreeYear Term
b. Adopt Resolution Authorizing the City Manager to Execute an Agreement with Wells Fargo Bank N.A. for General Banking and Merchant Card Services c. Waive Second Reading and Adopt Ordinance (Chapter 2.52) Regarding Police Department Acquisition and Use of Military Equipment

8. COMMENTS FROM COUNCIL MEMBERS
a. Linda Mason:

Recreation and Aquatic Center Committee Update

9. ADJOURNMENT – The next Regular City Council Meeting will be held on May 10, 2022 at 7:00 p.m.
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"The City with a Heart"
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
AB361
CORONAVIRUS COVID19
On September 16, 2021, the Governor of California signed AB361 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings telephonically or by other electronic means. Pursuant to the CDC’s social distancing guidelines which discourage large public gatherings, the San Bruno City Council meetings are being conducted electronically. The meeting is not available for inperson attendance. Members of the public may attend the meeting by video or phone linked in this agenda or watch by livestream at youtube.com/user/cityofsanbruno . CityNet Services Channel 1 will air the meeting live and the recorded meeting will be made available for viewing on the City’s YouTube channel after the meeting has concluded.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

8. COMMENTS FROM COUNCIL MEMBERS
a. Linda Mason:

Recreation and Aquatic Center Committee Update

9. ADJOURNMENT – The next Regular City Council Meeting will be held on May 10, 2022 at 7:00 p.m.
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"The City with a Heart"
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
AB361
CORONAVIRUS COVID19
On September 16, 2021, the Governor of California signed AB361 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings telephonically or by other electronic means. Pursuant to the CDC’s social distancing guidelines which discourage large public gatherings, the San Bruno City Council meetings are being conducted electronically. The meeting is not available for inperson attendance. Members of the public may attend the meeting by video or phone linked in this agenda or watch by livestream at youtube.com/user/cityofsanbruno . CityNet Services Channel 1 will air the meeting live and the recorded meeting will be made available for viewing on the City’s YouTube channel after the meeting has concluded.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

8. COMMENTS FROM COUNCIL MEMBERS
a. Linda Mason:

Recreation and Aquatic Center Committee Update

9. ADJOURNMENT – The next Regular City Council Meeting will be held on May 10, 2022 at 7:00 p.m.
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Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
April 12, 2022
6:00 p.m.

1. CALL TO ORDER

2. ROLL CALL – Councilmembers Hamilton, Medina, Salazar, Vice Mayor Mason and Mayor R. Medina were all present

3. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
There were no speakers during public comment.

4. CLOSED SESSION
a. Conference with Labor Negotiators Pursuant to Gov't Code Section 54957.6 Agency Designated Representatives: City Manager
Employee Organizations: Mid-Management Unit, Public Safety Mid-Management Bargaining Unit, San Bruno Police Bargaining Unit, San Bruno Professional Firefighters Association, Miscellaneous Bargaining Unit, San Bruno Management Employees Association
There was no reportable action taken.

5. ADJOURNMENT – The meeting adjourned at 6:55 p.m.

The next Regular City Council Meeting will be held on April 12, 2022 at 7:00 p.m.

These meeting minutes were prepared by Vicky S. Hasha, Deputy City Clerk for approval at the regular meeting of April 26, 2022.
________________________________ _____________________________ Vicky S. Hasha Rico E. Medina
Deputy City Clerk Mayor
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Rico E. Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL
April 12, 2022
7:00 p.m.

1.CALL TO ORDER

2.ROLL CALL/PLEDGE OF ALLEGIANCE – All Councilmembers were present.

3.PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
The following members of the public spoke during public comment:
Pam Hemon – Spoke opposing the closure of the Mickelson Therapy Pool in San Mateo.

4.ANNOUNCEMENTS/PRESENTATIONS
a. San Bruno is happy to partner with Recology San Bruno again for the Spring 2022 Community Clean Up Event (Drop Off) at 975 Sneath Lane. The drop off event will be held on May 14 from 8:00 a.m. to 11:00 a.m. at 975 Sneath Lane, and is a self- serve drop off, where residents will be required to unload their vehicles. Residents limited to 3 cubic yards per vehicle, and can include bulky items, e-waste, appliances, bags of garbage. Dirt, rock and concrete will not be accepted. Visit sanbruno.ca.gov for more information.
b. Please share your input as the City of San Bruno updates the current Housing Element! Your participation in the process is essential in helping understand and address housing needs in the San Bruno community – please take the survey at sanbruno.ca.gov/HousingElementSurvey.
c. Please share your input on the City of San Bruno Safe Routes to School Plan! Please take a few minutes to go online and learn more about the project and complete the survey by providing feedback on getting to and from school in San Bruno. Visit the project website at sanbruno.ca.gov/SafeRoutes.
d. Issue Proclamation Announcing April 2022 as National Poetry Month. e. 2022 Update from the San Mateo County Mosquito and Vector Control District.

Casey Stevenson, San Mateo County Mosquito and Vector Control District Operation Director, presented the update.

5.CONSENT CALENDAR
Rico E. Medina, Mayor, announced that Item 6.a. under Conduct of Business was to be moved to the Consent Calendar.
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Linda Mason, Vice Mayor, requested to remove the March 29, 2022 meeting minutes from consideration until a review of the recording can be completed.

M/S to approve the Consent Calendar, excluding the meeting minutes of March 29, 2022 and including Item 7.a. Motion carried unanimously by roll call vote. a. Approve Accounts Payable for March 21, March 28, and April 4, 2022. b. Accept Payroll for March 13 and March 27, 2022.
c. Approve Investment Report and Reconciliation of General Ledger to Bank Report dated February 28, 2022.
d. Approval the Draft Special and Regular Meeting Minutes for the Meetings of March 22 and March 29, 2022.
e. Receive Written Update on the City’s Response Efforts to COVID-19. f. Adopt Resolution Authorizing the City Manager to Execute an Agreement with Badawi & Associates for Professional Auditing Services for Fiscal Years Ending June 30, 2022 through 2024 for an All Inclusive Fee of $139,005. g. Adopt Resolution Declaring the Continued State of Local Emergency and Need for the City Council and Other Legislative Bodies Subject to the Ralph M. Brown Act to Continue to Teleconference in Order to Ensure the Health and Safety of the Public Pursuant to AB 361.
h. Adopt Resolution Related to the Emergency Replacement of the San Bruno Senior Center Chiller Unit:
Ratifying the Emergency Replacement Declaration of the Chiller Unit at the San Bruno Senior Center Authorized by the City Manager on March 30, 2022; Waiving Competitive Bidding Requirements Pursuant to State Law and the San Bruno Municipal Code Due to the Existence of an Emergency; Authorizing the City Manager to Execute Necessary Contracts to Mitigate the Emergency and to Appropriate Such Funds from the Building and Facility Fund Balance.
i. Adopt Resolution Approving Agreement between the City of San Bruno and the Police Bargaining Unit and Authorizing Execution by the City Manager.

6.CONDUCT OF BUSINESS
a. Waive First Reading and Introduce an Ordinance Repealing Chapter 10.21 of the San Bruno Municipal Code and Adopting a new Chapter 10.21 Regulating the Use of Disposable Food Service Ware by Food Facilities.

This item was moved to the Consent Calendar.
b. Receive Report on 15 MPH Speed Limit Signs on School Zones.

Hae Won Ritchie, Public Works Deputy Director, presented the report.

The following members of the public spoke regarding the item:
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Jennifer Blanco – Spoke in support of slower speeds near schools. Paul Wapensky – Spoke with questions regarding police enforcement costs.

Discussion item only. No motion taken.
c. Appointment of Two City Councilmembers to an Ad Hoc Subcommittee for Public Opinion Poll Research Related to Potential November 2022 City- sponsored Ballot Measures.

Jovan Grogan, City Manager, presented the report.

A majority of the City Council approved the creation of an ad hoc subcommittee for this topic.

Marty Medina, Councilmember and Linda Mason, Vice Mayor, volunteered to serve on the ad hoc subcommittee.

7.PUBLIC HEARING
a. Hold Public Hearing and Adopt Resolution Adjusting the Master Fee Schedule to be effective on July 1, 2022.

Qianyu Sun, Finance Director, presented the report.

Rico E. Medina, Mayor, opened the public hearing.

The following members of the public spoke during the public hearing:

M/S Salazar/Hamilton to close the public hearing. Motion carried unanimously by roll call vote.

M/S Hamilton/ to adopt the resolution and to direct staff to return to the City Council at a future meeting to provide benchmarking information for items contained in the Master Fee schedule, before the new fees go into effect.

Motion carried 4-1 with Vice Mayor Mason opposed.

8.COMMENTS FROM COUNCIL MEMBERS
Tom Hamilton – Thanked resident Karen Cunningham for her volunteer work throughout San Bruno.
Linda Mason – Thanked local businesses for their efforts putting on an Easter Egg Hunt. Also requested a follow-up on requests for updates from San Bruno Recology and the Chamber in San Bruno. Vice Mayor Mason also wished Councilmember Marty Medina a Happy Birthday.
Michael Salazar – Wished Councilmember Marty Medina a Happy Birthday. Marty Medina – Thanked vendors for a successful event in City Park. Rico E. Medina – Announced a cleanup event near 280. Also announced National Public Telecommunications Week.
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All members of the City Council wished City Clerk Melissa Thurman well and thanked her for her service in San Bruno.
a.ADJOURNMENT – The meeting adjourned at 10:52 p.m.

The next Regular City Council Meeting will be held on April 26, 2022 at 7:00 p.m.

The City Council meeting minutes were prepared by Vicky Hasha, Deputy City Clerk, for approval at the regular meeting of April 26, 2022.
_________________________
Vicky Hasha, Deputy City Clerk
__________________________
Rico E. Medina, Mayor
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO

DATE: April 26, 2022

TO: Honorable Mayor and Members of the City Council

FROM: Jovan D. Grogan, City Manager

PREPARED BY: Benjie Lin, Management Analyst

SUBJECT: Payroll Acceptance

City Council acceptance of the City payroll distributed April 15, 2022 is recommended.

The Labor Summary report reflecting the total payroll amount of $1,601,741.92 for bi- weekly pay period ending April 10, 2022 by fund is shown below:

Fund Amount

Fund: 001 - GENERAL FUND $1,161,517.93
Fund: 006 - AMERICAN RESCUE PLAN ACT 79,250.44
Fund: 122 - SOLID WAIST/RECYCL. 2,219.57
Fund: 132 - AGENCY ON AGING 1,097.36
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 10,590.65
Fund: 201 - PARKS AND FACILITIES CAPITAL 1,502.42
Fund: 203 - STREET IMPROVE. PROJECTS 5,515.82
Fund: 611 - WATER FUND 80,905.52
Fund: 621 - STORMWATER FUND 26,127.10
Fund: 631 - WASTEWATER FUND 81,234.24
Fund: 641 - CITYNET SERVICES FUND 86,392.61
Fund: 701 - CENTRAL GARAGE 9,953.22
Fund: 702 - FACILITY MAINT.FUND 29,172.21
Fund: 707 - TECHNOLOGY DEVELOPMENT 19,175.84
Fund: 711 - SELF INSURANCE 7,086.99

Total: $1,601,741.92

___________________________
Qianyu Sun, Finance Director Date
04/20/2022
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 26, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Matthew Lee, Director
SUBJECT: Waive Second Reading and Adopt an Ordinance Repealing Chapter

10.21 of the San Bruno Municipal Code and Adopting a new Chapter

10.21 Regulating the Use of Disposable Food Service Ware by Food Facilities
BACKGROUND: On August 12, 2008, the City Council adopted a Sustainable Food Packaging Ordinance calling on restaurants and other food service vendors in San Bruno to eliminate disposable food service composed of polystyrene (Styrofoam). Effective April 1, 2010, food vendors were prohibited from dispensing prepared food to customers in disposable food service ware made from polystyrene. Since the adoption of the Sustainable Food Packaging Ordinance, there has been increasing concern in the community over the impact of disposable food service ware, especially items made from plastic. Disposable food service ware, including containers, cups, lids, utensils and straws, is a major contributor to street litter, ocean pollution, marine and other wildlife endangerment, and climate change. The toxic, carcinogenic chemicals in polystyrene include benzene and styrene, and when heated, leaches into food and drinks.

The City was contacted by the San Mateo County Office of Sustainability (County) in August 2019 and received a summary report and request to consider joining a county wide effort to adopt a Disposable Food Service Ware Ordinance (Ordinance) for food facilities. For over a year, County staff conducted extensive research and worked closely with the County’s Environmental Health Services (EHS) to develop the proposed Ordinance, repealing its existing Polystyrene Ban Ordinance. The County engaged cities and stakeholders in the process to try and encourage all of the cities in the county to adopt its Ordinance. The County adopted the Ordinance on February 25, 2020, with thirteen cities following the adoption including the City adopting on September 14, 2021. The Ordinance aimed to regulate and reduce the amount of disposable food service ware, especially those made of plastic which include one-time use items such as straws, stirrers, blows, plates, cups, utensils, clamshells, etc.

In 2018, California adopted Assembly Bill (AB) 1884 requiring that full-service restaurants only provide single-use plastic straws upon consumer request versus distributing them automatically without a specific request from the consumer. The State expanded on this law by passing AB 1276 on October 5, 2021. Under AB 1276, food facilities must go beyond just plastic straws and require consumers to request additional foodware accessories such as utensils, stirrers, splash sticks, and condiment packets. The State also strengthened enforcement by directing local governments to authorize an enforcement agency to enforce these statutes by June 1, 2022.

The law, however, does not provide a specific implementation date. Furthermore, AB 1276 allows local governments to adopt more restrictive requirements at their discretion. Also, on October 5, 2021, Governor Newsom signed into law AB 1200, which prohibits the sale or 17 of 102
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distribution of single-use foodware comprised of paper or other plant-based natural fiber that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), a class of hazardous chemicals. This law goes into effect on January 1, 2023. The new legislation does not direct a specific entity to be the enforcement agency.

The County’s Board of Supervisors adopted the amendment to the Disposable Food Service Ware Ordinance on February 8, 2022. On April 12, 2022 the City Council waived the first reading and introduced the ordinance as presented.

DISCUSSION: The previously adopted City Ordinance in September 2021 (2021 Ordinance) includes key provisions that are well aligned with many of the requirements on foodware in AB 1276 and AB 1200 including:

1. Requirement that food facilities only distribute foodware accessories upon request by the consumer;

2. Prohibition of food facilities from bundling/packaging single-use foodware accessories for distribution;

3. Requirement that third-party food delivery platforms (e.g., Uber Eats, DoorDash, etc.) provide options for consumers to affirmatively ask for single-use foodware accessories; and

4. PFAS restrictions on single-use fiber-based foodware. (While AB 1200 requires all single-use fiber-based foodware to be PFAS-free, the City’s 2021 Ordinance requires the following select items to be PFAS-free: plates, bowls, cups, food trays, clamshells, boxes, deli containers, and other containers.)
Some discrepancies, however, do exist. Below is a summary of the new state requirements and the recommendations for aligning the City’s 2021 Ordinance with the new state requirements.

Overview of Changes to City’s 2021 Ordinance to Align with AB 1276 To align the City’s 2021 Ordinance with the new state requirements of AB 1276, the following changes are recommended:

1. Current 2021 Ordinance requirement: All food facilities may offer single-use foodware accessories to consumers.

New AB 1276 requirement: Food facilities can offer single-use foodware accessories only at drive-throughs and public airports.

Recommended change to 2021 Ordinance: Amend the 2021 Ordinance so that only food facility drive-throughs and food facilities at public airports can offer accessories to consumers.

2. Current 2021 Ordinance requirement: Food facilities may distribute foodware accessories using dispensers and have them available at self-serve areas, including in open bins/containers for consumers to grab-and-go.

New AB 1276 requirement: Open bins/containers are not allowed for distribution of accessories.

Consumers must request them from the employee and/or food facilities may have them available at refillable dispensers that dispense accessories one item at a time.

Recommended change to 2021 Ordinance: Amend the 2021 Ordinance so that food facilities cannot have available accessories in open bins/containers at self-serve areas for consumers to 18 of 102
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grab-and-go, and explicitly state that dispensers can only dispense accessories one item at a time.

3. Current 2021 Ordinance requirement: Food facilities are not prohibited from using self-serve, refillable bulk condiment dispensers (there is no reference to bulk condiment dispensers in the 2021 Ordinance).

New AB 1276 requirement: Food facilities are explicitly allowed to use self-serve, refillable bulk condiment dispensers to distribute condiments.

Recommended change to 2021 Ordinance: Amend the 2021 Ordinance to explicitly allow for use of refillable bulk condiment dispensers.

Overview of Changes to City’s 2021 Ordinance to Align with AB 1200 The PFAS requirements for all single-use fiber-based foodware under AB 1200 go into effect on January 1, 2023. To align the City’s 2021 Ordinance with the new state requirements of AB 1200, the following changes are recommended:

1. The PFAS requirements in AB 1200 go into effect on January 1, 2023 and supersede those of the City’s 2021 Ordinance. Therefore, the recommendation is to sunset the City’s PFAS requirements currently in the 2021 Ordinance on December 31, 2022. The County will look to the State to assume responsibility for implementing and enforcing the new requirements starting on January 1, 2023.

This City entered into a Memorandum of Understanding with the County, who will take the lead in education and outreach, as well as enforcement of the ordinance.This will promote consistency within jurisdictions throughout the County. The City will save staff time and resources by having the County provide these services.

The ordinance will not become operative and will not be enforced until October 1, 2022 to provide food facilities time to use up their existing non-conforming inventory and to give County staff time to develop an education and enforcement program.

FISCAL IMPACT: There is no fiscal impact anticipated as a result of this Ordinance. Limited costs are anticipated for existing food service facilities in the City considering that all have some type of sustainable food service ware in place. The County will manage the outreach, education, and enforcement of the Ordinance at no cost to the City.

ENVIRONMENTAL IMPACT: The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required
RECOMMENDATION: Waive Second Reading and Adopt a new Chapter 10.21 Regulating the Use of Disposable Food Service Ware by Food Facilities
ALTERNATIVES: Request additional information before adopting the ordinance

ATTACHMENTS:

1. City Disposable Food Service Ware Ordinance
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ORDINANCE NO. _______
AN ORDINANCE REPEALING CHAPTER 10.21 (DISPOSABLE FOOD SERVICE WARE) TO TITLE 10 (MUNICPAL SERVICES) OF THE SAN BRUNO MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 10.21 (DISPOSABLE FOOD SERVICE WARE) REGULATING

THE USE OF DISPOSABLE FOOD SERVICE WARE BY FOOD FACILITIES WHEREAS, the City adopted Ordinance No 1770 prohibiting the use of polystyrene (Styrofoam) based disposable food service ware by food vendors on February 10, 2009; and WHEREAS, the City repealed and replaced City Ordinance No. 1770 with Ordinance No. 1902 also known as the “Disposable Food Service Ware Ordinance,” hereafter referred to as the “Ordinance,” on September 14, 2021. The Ordinance focuses on reducing single-use plastic and other food service ware waste, improving the health and safety of the City and County community members, and helping to waterways clean and safe; and WHEREAS, on October 5, 2021, AB 1276 was signed into law by Governor Gavin Newsom.

AB 1276 restricts the distribution of single-use foodware accessories (e.g., utensils, straws, stirrers, condiment packets, etc.) by restaurants and other food facilities; and WHEREAS, on October 5, 2021, AB 1200 was also signed into law by the Governor. AB 1200 mandates that no person shall distribute, sell, or offer for sale in the state any food packaging (including single-use foodware) that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS); and
WHEREAS, the Ordinance includes requirements that are well aligned with many of the requirements on foodware in AB 1276 and AB 1200. However, some discrepancies exist. As such, the Ordinance must be amended to ensure alignment with requirements in both State bills; and
WHEREAS, the City does, accordingly, find and declare that it should repeal and replace in its entirety Chapter 10.21 of the San Bruno Ordinance Code to ensure the City’s requirements around single-use foodware accessories distribution and PFAS regulation in single-use foodware align with the State of California’s requirements.

NOW, THEREFORE, the City Council of the City of San Bruno does ordain as follows:

SECTION 1. Recitals. The above recitals are incorporated as though set forth in this section.

SECTION 2. Chapter 10.21 (Disposable Food Service Ware) of Title 10 (Municipal Services) is hereby repealed and replaced in their entirety by a new Chapter 10.21 to be numbered and entitled and to read as follows:
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CHAPTER 10.21

REGULATING THE USE OF DISPOSABLE FOOD SERVICE WARE

10.21.010 Definitions.

For purposes of this Chapter, the following terms have the following meanings:
(a) “Aluminum Foil-based” means any Disposable Food Service Ware composed entirely of aluminum, including but not limited to aluminum tray liners, aluminum foil, and aluminum foil baskets.
(b) “Compostable” means that an item or material:

1. Meets standards for compostability from a certified/approved independent third- party approved by the County Manager or designee, in collaboration with local waste processors, haulers, and/or other entities, as needed; and/or

2. Is any variation of acceptable materials that will break down or otherwise become part of usable compost in a safe and timely manner as determined by the County Manager or designee, in collaboration with local waste processors, haulers, and/or other entities, as needed; and

3. Is Natural Fiber-based. Compostable items may include those that are made entirely of Natural Fiber or Natural Fiber-based items that are coated or lined with biologically based polymer, such as, but not limited to corn or other plant sources (e.g., compostable plastics), if certified/approved by independent third parties approved by the County Manager or designee.
“Compostable” does not include items made entirely/primarily of biologically based polymer (e.g., PLA, PHA, or other compostable plastic), even if labeled or certified as compostable.
(c) “City Facilities” means any building, structure or vehicles owned or operated by the City of San Bruno, its agent, agencies, and departments. This also includes all individuals, entities, or organizations using City Facilities for public or private events. (d) “Disposable” means designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term multiple reuse. (e) “Food Service Ware” means food contact products used for serving, distributing, holding, packaging, and/or transporting Prepared Food including, but not limited to plates, cups, bowls, trays, clamshell containers, boxes, utensils, straws, lids, and food contact paper (e.g., wraps, bags, tray liners, etc.). The term "Food Service Ware" includes Food Service Ware Accessories and Standard Condiment in Disposable packaging.
(f) “Food Service Ware Accessories” include different types of Food Service Ware such as straws, stirrers, Utensils, condiment cups and packets, cocktail sticks/picks, toothpicks, napkins, cup spill plugs, cup sleeves, and other similar accessory or accompanying Food Service Ware used as part of food or beverage service or packaging. Detachable lids for beverage cups and food containers are not considered a Food Service Ware Accessory.
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(g) ““Perfluoroalkyl and Polyfluoroalkyl substances (PFAS)" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (h) “Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Restrictions” mean either of the following:

1. PFAS has not been intentionally added to a product or product component.

2.The presence of PFAS in a product or product component is below 100 parts per million, as measured in total organic fluorine.
(i) “Food Facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food to the public for human consumption, as defined by the California Health and Safety Code Section 113789 or successor. It includes both permanent and temporary food facilities. Public schools are exempt from the provisions of this Chapter.
(j) “Food Scrap Composting Method” means (1) self-hauling of food scraps to a permitted composting facility or a transfer station that accepts food scraps that will be transferred to a permitted composting facility for on-site compost processing, (2) food scrap compost collection service provided by a curbside hauler, or (3) on-site food scrap composting.
(k) “Healthcare Facilities” mean places that provide healthcare to the public. Healthcare Facilities includes, but is not limited to hospitals, clinics, outpatient care centers, nursing homes, psychiatric care centers, medical offices, hospice homes, mental health and addiction treatment centers, orthopedic and other rehabilitation centers, urgent care, birth centers, etc.
(l) “Natural Fiber/Natural Fiber-based” means a plant or animal-based, non-synthetic fiber, including but not limited to products made from paper, sugarcane, bamboo, wheat stems/stalk, hay, wood, etc.
(m) “Non-Compostable” means not meeting the definition of Compostable set forth in this Chapter.
(n) “Polystyrene-based” means and includes expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term "polystyrene" also includes polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam (expanded polystyrene [EPS]) and clear or solid polystyrene known as oriented polystyrene.
(o) “Prepackaged Food” means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer and prepared at an approved source.
(p) “Prepared Food” means food or beverages that undergo a cooking or food preparation technique on the Food Facility’s premises for consumption by the public. Cooking or food preparation technique includes, but is not limited to the following:

1. Cooking methods, utilizing the application of heat, such as steaming, microwaving, simmering, boiling, broiling, grilling, frying, or roasting. 22 of 102
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2. Beverage preparation, such as blending, brewing, steeping, juicing, diluting, or pouring.

3. Food preparation techniques, such as defrosting, rinsing, washing, diluting, cutting, portioning, mixing, blending, assembling, coating, dipping, garnishing, decorating, or icing.

Prepared Food does not include raw eggs or raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance. (q)“Standard Condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, and includes different types such as ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, and sugar/sugar substitutes. (r) “Takeout Food” means Prepared that is purchased to be consumed off a Food Facility’s premises. Takeout Food includes Prepared Food delivered by a Food Facility or by a third-party Takeout Food Delivery Service.
(s) “Takeout Food Delivery Service” is a service for online food ordering and delivery of Prepared Food from a Facility to a customer. This service can be provided directly by the Food Facility or by a third-party.
(t)“Utensils: include different types of instruments used to assist the consumption of food, specifically, dorks, knives, spoons, sporks chopsticks, and tongs.

10.21.020 Distribution of Disposable Food Service Ware Accessories and Standard Condiment.
(a) Except as provided in Subsections (b) and (c), Food Facilities, for on-premise dining and off-premise dining (e.g., Takeout Food Delivery Service, catering off-site, etc.), shall not provide any Disposable Food Service Ware Accessories or Standard Condiment in Disposable packaging to a consumer unless the specific type of Disposable Food Service Ware Accessory (including different types of Utensils) or specific type of Standard Condiment is requested by the consumer.
(b) Food Facilities may ask a drive-through consumer if the consumer wants a specific type of Disposable Food Service Ware Accessory (including different types of Utensils), if the item is necessary for the consumer to consume Prepared Food or to prevent spills of or safely transport Prepared Food.
(c) Food Facilities that are located entirely within a public use airport, as defined in Section

77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a specific type of Disposable Food Service Ware Accessory (including different types of Utensils), if the item is necessary for the consumer to consume Prepared Food or to prevent spills of or safely transport Prepared Food. (d) Disposable Food Service Ware Accessories and Standard Condiment in Disposable packaging provided by Food Facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of Disposable Food Service Ware Accessory (including different types of Utensils) or type of Standard Condiment desired without also having to take a different type of Disposable Food Service Ware Accessory or type of Standard Condiment. Food Facilities cannot distribute Disposable Utensils that are bundled or packaged together. Each type of 23 of 102
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Utensil (e.g., fork, spoon, knife, etc.) must be specifically requested by the consumer in order for a Food Facility to provide the item(s).
(e) Nothing in this Chapter shall prohibit a Food Facility from making unwrapped Disposable Food Service Ware Accessories available to a consumer using refillable self-service dispensers that dispense different types of Disposable Food Service Ware Accessories one item at a time to allow for Disposable Food Service Ware Accessories to be obtained.
(f) Nothing in this Chapter shall prohibit a Food Facility from making Standard Condiment available to a consumer using refillable self-service dispensers to allow for Standard Condiment to be obtained. Food Facilities that offer Standard Condiment are encouraged to use bulk dispensers for the condiments rather than condiments packaged for single-use.
(g) Takeout Food Delivery Services shall provide consumers with the option to proactively request the different types of available Disposable Food Service Ware Accessories (including different types of Utensils) and the different types of Standard Condiment from a Food Facility serving Prepared Food. The default option on the digital ordering/point- of-sale platforms of Takeout Food Delivery Services shall be that no Disposable Food Service Ware Accessories or Standard Condiment are requested. (h) Takeout Food Delivery Services shall provide Food Facilities the ability to tailor the digital ordering/point-of-sale platforms so that Food Facilities can customize and itemize the different types of available Disposable Food Service Ware Accessories (including different types of Utensils) and the different types of available Standard Condiments for consumers to proactively select.
(i) If a Food Facility uses any Takeout Food Delivery Service, the Food Facility shall customize its menu with an itemized list and/or provide options of the different types of available Disposable Food Service Ware Accessories (including different types of Utensils) and the different types of available Standard Condiments for consumers to proactively select. Only those specific types of Disposable Food Service Ware Accessories (including different types of Utensils) or specific types of Standard Condiment proactively requested by the consumer shall be provided by the Food Facility. If a consumer does not request any Disposable Food Service Ware Accessories or Standard Condiment, no Disposable Food Service Ware Accessories or Standard Condiment shall be provided by the Food Facility for delivery of Prepared Food.

Pursuant to Subsection (d), each type of Utensil (e.g., fork, spoon, knife, etc.) offered by the Food Facility shall also be listed individually, unbundled on the menu and provided by the Food Facility for delivery along with the Prepared Food only if requested by the consumer.

10.21.030 Standards and Required Use of Disposable Food Service Ware. (a) No Food Facility shall use Polystyrene-based Disposable Food Service Ware when providing Prepared Food.
(b) Food Facilities and City Facilities shall only provide Disposable straws, stirrers, utensils, and cocktail/toothpicks (and the packaging that these individual items are wrapped in, if any) that are Compostable.
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disabilities. In particular, nothing in this Chapter shall restrict, or be construed to restrict, the provision by Food Facilities of Disposable Non-Compostable straws to individuals who may request the use of Disposable Non-Compostable straws to accommodate medical needs or disabilities. Healthcare Facilities may distribute Disposable Non- Compostable straws with or without request by a patient at the discretion of the Healthcare Facility staff based on the physical or medical needs of the patient. (d) Food Facilities and City Facilities shall use Compostable items for the below Disposable Food Service Ware when providing Prepared Food:

1. Plates

2. Bowls (of all sizes including, but not limited to soup and salad bowls)

3. Cups (of all sizes including, but not limited to beverage and accessory cups for Standard Condiments)

4. Food trays and food boats

5. Boxes

6. Hinged or lidded containers (e.g., clamshells), deli containers, and other containers used for the sale and/or distribution of Prepared Food (e) Commencing on the effective date of this Chapter up until December 31, 2022, for the Compostable Disposable Food Service Ware listed in Subsection (d), Food Facilities shall use items that meet Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Restrictions. To verify the PFAS Restrictions, Food Facilities shall use items that are certified/approved by independent third parties approved by the County Manager or designee, in collaboration with local waste processors and haulers, as needed. (f) For all other Disposable Food Service Ware not listed in Subsections (b) and (d), Food Facilities shall use only Disposable Food Service Ware that can be composted by the Food Scrap Composting method utilized by the Food Facility and/or accepted for recycling by the Food Facility’s recycling collection service, unless a feasible alternative does not exist.
(g) The City and County shall maintain a list of approved Disposable Food Service Ware and/or references to resources that maintain regularly updated lists of products that meet the requirements detailed in Subsections (a), (b), (d), and (e) of this Section. This information shall be made public on the City’s and the Office of Sustainability websites. If a product is not included on the approved list, the Food Facility wishing to use a product as Disposable Food Service Ware shall establish to the City Manager or designee’s satisfaction that the product complies with the requirements detailed in Subsections (a), (b), (d), and (e).

10.21.040 Recordkeeping and Inspection.
(a) Food Facilities shall keep complete and accurate record or documents of the acceptable Disposable Food Service Ware evidencing compliance with this Chapter for a minimum period of three years from the date of purchase.
(a) The record shall be made available for inspection at no cost to the County during regular business hours by County employee or County-designated staff authorized to enforce 25 of 102
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this Chapter. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be made available at the Food Facility address. (b) The provision of false or incomplete information, records, or documents to the County shall be a violation of this Chapter.

10.21.050 Automatic Exemptions.
(a) Prepackaged Food is exempt from the provisions of this Chapter. (b) Polystyrene coolers and ice chests intended for reuse are exempt from the provisions of this Chapter.
(c) Disposable Food Service Ware that is entirely Aluminum Foil-based or recycled glass is exempt from the provisions of this Chapter.
(d) If the City or County determines that a reasonably feasible Disposable Food Service Ware that complies with Section 4.107.040 (a), (b), (d), and (e) of this Chapter does not exist, these items will be exempt from the abovementioned provisions of this Chapter until the City or County determines that a reasonably feasible alternative is available on the market for purchase. The City and County will have a current list of these temporarily exempted Disposable Food Service Ware made public by the County. (e) Temporary exemptions due to an emergency are automatic without the submission of a request for an exemption. An emergency is defined as a sudden, unexpected occurrence posing a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Examples of an emergency include, but are not limited to natural disasters, emergencies due to the release of hazardous materials, emergencies associated with loss of power and/or water, or emergency medical response.

10.21.060 Case-by-Case Consideration of Requests for Hardship Exemption. (a)Grounds for an exemption.

An exemption from any of the provisions of this Chapter and the County’s Chapter may be granted by the County Manager, City Manager or designee upon demonstration by a Food Facility to the satisfaction that strict application of the requirements would cause undue hardship. An “undue hardship” includes, but is not limited to the following:

1. A situation unique to the Food Facility where a suitable alternative that conforms with the requirements detailed in Section 4.107.040 (a), (b), (d), and (e) does not exist for a specific application.

2. Imposing the provisions of this Chapter would cause significant economic hardship. “Significant economic hardship” may be based on, but not limited to, demonstrating that suitable Disposable Food Service Ware is not available at a commercially reasonable price and the additional cost associated with providing the Disposable Food Service Ware is particularly burdensome to the Food Facility based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the Food Facility, and other factors. Reasonable added cost for a suitable item as compared to a similar item that the Food Facility 26 of 102
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can no longer use shall not by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the City Manager or designee may consider the following information: ability of the Food Facility to recover the additional expense by increasing its prices; the availability of tax credits and deductions; outside funding; and other options.
(b)Request for an exemption. A request for an exemption from the requirements of this Chapter shall include all information deemed necessary by the City to render a decision, including but not limited to documentation showing the factual support for the requested exemption. A request for an exemption may be approved by the City Manager or designee, in whole or in part, with or without conditions. The duration of the exemption, if granted, shall also be determined by the City Manager or designee. Information about the application process for requesting an exemption will be made available to the public by the County.

10.21.070 Enforcement.
(a)The City Manager or designee, including County officials may enforce this Chapter.

Such authorization includes, without limitation, the authority to hold hearings, issue citations, or assess administrative fines on behalf of the City. (b)Violation of this Chapter is a public nuisance subject to all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures contained in this ordinance code and state law including, but not limited to, an action for abatement or injunctive relief.
(c)Compliance plan

1. If requested by the County Manager or designee, a Food Facility that is in violation of any of the provisions detailed in this Chapter shall create and submit to the County Manager or designee a compliance plan, which will include information on corrective action(s) that the Food Facility shall undertake to come into compliance. Other requested information may include, and are not limited to proposed timeline for corrective action(s), and identification of individuals responsible for ensuring compliance.

2. The Food Facility shall create and submit its completed compliance plan within fourteen calendar days (14) from the time of request by the County Manager or designee.
(d)Notwithstanding authorization of enforcement by County of San Mateo personnel in this Chapter, the violation of, or noncompliance with, any of the requirements of this Chapter or applicable provisions of this code, shall be subject to any administrative, civil, or criminal enforcement remedies available under the law and/or the City’s municipal code.

In addition, the City may enforce the violation of this Chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by the law.

This Section shall not be interpreted to limit any otherwise available civil or administrative remedies under law.
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SECTION 3. California Environmental Quality Act (CEQA) Finding. This ordinance is not a “project” pursuant to Section 21065 of the Public Resource Code because it does not change the existing regulatory scheme.

SECTION 4. Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

SECTION 5. Effective Date. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary thereof to be published in a newspaper of general circulation at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, and shall post a certified copy of the adopted ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933.This Ordinance shall be effective thirty (30) days after adoption. However, the mandatory provisions of this Ordinance, shall only become operative and subject to enforcement on October 1, 2022.

INTRODUCED on the ______ day of _______________, 2022, and PASSED AND ADOPTED by the City Council of the City of San Bruno on this ______ day of _______________, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________
Rico E. Medina
Mayor of the City of San Bruno
ATTEST:
_____________________________________
Vicky Hasha
Deputy City Clerk
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 26, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Jovan Grogan, City Manager
SUBJECT: Adopt Resolution Approving Agreement between the City of San Bruno and the Fire Bargaining Unit and Authorizing Execution by the City Manager
BACKGROUND: The existing Memorandum of Understanding between the City of San Bruno and the Fire Bargaining Unit expired on December 31, 2021. Representatives from the City and the bargaining unit met and conferred in good faith and have reached a tentative agreement extending their existing Memorandum of Understanding an additional four years through December 31, 2025. The tentative agreement was signed by the bargaining unit on March 21, 2022.

DISCUSSION: The attached Tentative Agreement for the Fire Bargaining Unit will extend their current Memorandum of Understanding through December 31, 2025.

The City retained an independent consultant to conduct a total compensation survey of comparison agencies that was completed in late September 2021. The survey was based upon agencies identified in the MOU. Many of the comparable survey agencies have merged with local districts and are reflected in the revised tentative agreement, Section

8.2.3. Total compensation for the group demonstrated that they were below the labor market median by 13.91%.

In addition to the total compensation survey of comparison agencies, the agreement’s economic package was based on a variety of factors including inflation as measured by the Consumers Price Index, All Urban Consumers (CPI-U), for the San Francisco – Oakland – San Jose region. CPI-U in October 2021 was 3.8% for the region. Also taken into consideration was the 0% cost of living adjustment (COLA) received for the group in 2021.

CPI-U in 2020 was 2%, the bargaining group received a 3% COLA. In 2019, CPI-U was

2.5% and the group received a 3% COLA and 1% equity adjustment. In 2018, the group received a 3% COLA and 1% equity adjustment, CPI-U was 4.5%.

The tentative agreements include cost of living adjustments each year as follows:
 effective the first full pay period of January 2022, a 4% salary increase  effective the first full pay period of January 2023, a 3% salary increase  effective the first full pay period of January 2024, a 3% salary increase  effective the first full pay period of January 2025, a 3% salary increase 29 of 102
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Market equity adjustments are applied based on results of a total compensation study of comparison agencies. For benchmark classes which are greater than 10% below the market median (based on the September 2021 benchmark survey) after the initial 4% COLA is applied a 2% equity adjustment will be received. For benchmarks classes between 6% and 9.99% below the market median (based on the September 2021 benchmark survey) after the initial 4% COLA is applied, a 1% equity adjustment will be received. For benchmark classes which are greater than 10% below the market median, less annual equity adjustments received during the contract period, a 2% equity adjustment will be received for each year of the contract. For benchmarks classes between 6% and 9.99% below the market median, less equity adjustments received during the contract period, a 1% equity adjustment will be received for each year of the contract. The cost of the four-year contract was considered against the general fund forecast and takes into consideration increasing costs for employee pension and inflationary assumptions for non-salary items. The longer-term contract offers stability in fiscal forecasting and support recruitment and retention efforts within the highly competitive public safety field.

Based on the equity formula members of the bargaining group move closer to the average wage range of the survey market from -13.91% to -5.9%.

Bargaining unit members will share in the cost for medical premium increases. The City will continue to pay 75% of the health care premium increase beginning January 1, 2022 and December 31, 2025.

The parties agreed to add the Retiree Plus Health Coverage to commence for all current employees who participate in the employee health plan effective January 1, 2021.

Beginning January 1, 2022 through December 31, 2025 the City shall pay 75% and employee shall pay 25% of Retiree Plus Health Coverage premium.

Fire bargaining unit chooses to voluntarily waive participation in a City-wide Long-Term Disability (LTD) insurance program to enroll in a qualified Union sponsored LTD insurance program. The city will provide reimbursement to employees of this unit toward premiums up to the maximum premium contribution the City is paying towards employees enrolled in the Citywide LTD program. Employees of this bargaining unit agree to pay the premium increase above the Citywide contribution to the Citywide LTD offering toward the new qualified Union LTD plan. The City’s premium contribution for Long-Term Disability will not available for cash reimbursement.

FISCAL IMPACT: The FY 2021/2022 budget does not include funds for enhancements to employee salary and additional benefits over the fiscal year. The 4% wage adjustment, 1% equity adjustment, and additional benefits costs for this bargaining unit is anticipated to cost $131,331 for the remainder of FY 2021/2022. Excess general fund revenues will cover these costs.

ENVIRONMENTAL IMPACT: There is no environmental impact.

RECOMMENDATION: Adopt Resolution Approving Agreement between the City of San Bruno and the Fire Bargaining Unit and Authorizing Execution by the City Manager 30 of 102
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ALTERNATIVES: Do not approve the agreement and direct the negotiating team to seek changes or to begin mediation discussions.

ATTACHMENTS:

1. Resolution

2. Tentative Agreement - Fire
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RESOLUTION NO. 2022–

ADOPT RESOLUTION APPROVING THE AGREEMENT

BETWEEN THE CITY OF SAN BRUNO AND THE FIRE

BARGAINING UNIT, AND AUTHORIZING ITS EXECUTION BY

THE CITY MANAGER
WHEREAS, representatives of the Fire Bargaining Unit represented by the Teamsters Local 856 and representatives of the City of San Bruno have met and negotiated in good faith; and
WHEREAS, as a result of those negotiations, an agreement has been reached regarding changes to the terms and conditions of employment for the Fire Bargaining Unit Memorandum of Understanding to the period to December 31, 2025; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Bruno that it hereby approves the Agreement reached between the City of San Bruno and the Fire Bargaining Unit modifying the existing Memorandum of Understanding between the parties, and consistent with terms and conditions outlined in the Agreement attached hereto and marked Exhibit A; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute on behalf of the City of San Bruno the attached Agreement, and any modified and consolidated Memorandum of Understanding prepared incorporating all prior agreed upon terms and conditions of employment approved by the City of San Bruno and the Fire Bargaining Unit represented by the Teamsters Local 856.
--oOo—
I hereby certify the foregoing Resolution No. _____ was introduced and adopted by the San Bruno City Council, at a regular meeting on April 26, 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
________________________________
Vicky Hasha, Deputy City Clerk
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 26, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Jennifer Dianos, Assistant to the City Manager SUBJECT: Receive Written Update on the City’s Response Efforts to COVID-19 BACKGROUND: This report is to provide an update on the City’s response efforts to COVID-19, while the Emergency Operations Center (EOC) is activated. The information provided in this report is as of the time it was produced and may be subject to change.

DISCUSSION: San Mateo County Health provides regular COVID-19 statistic dashboards through their website, smchealth.org. San Mateo County Health reports as of Apr. 14, 2022, there were a total of 130 cases within the last 30 days in the City of San Bruno; and as of Apr. 17, 2022, approximately 96.6% of San Bruno residents age 5+ are vaccinated. Additional statistics are attached to this report.

There are no new operational modifications of City services or other resources to report to the City Council.

General information about COVID-19 testing and vaccine clinics is available at smchealth.org. COVID-19 testing continues to be available at San Bruno’s Narita Plaza: cur.tv/sanbruno or 888-702-9042.

FISCAL IMPACT: There is no fiscal impact associated with this update.

ENVIRONMENTAL IMPACT: There is no environmental impact.

RECOMMENDATION: Receive Written Update on the City’s Response Efforts to COVID- 19 ALTERNATIVES: The City of San Bruno’s Emergency Operations Center remains activated and there are no alternatives proposed at this time.

ATTACHMENTS:

1. San Mateo County Health Department COVID-19 Data Dashboard 37 of 102
Source: https://www.smchealth.org/data-dashboards
(Dashboard screen shots taken on 4/19/2022)
ATTACHMENT 1
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Source: https://www.smchealth.org/data-dashboards
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5 39 of 102
Source: https://www.smchealth.org/data-dashboards
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Source: https://www.smchealth.org/data-dashboards
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 26, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Matthew Lee, Director
SUBJECT: Adopt Resolution Authorizing the City Manager to Execute On-Call Agreements for Project Management Services with CSG Consultants, Inc., Swinerton Management & Consulting, and West Yost Associates, Inc. in Amounts Not to Exceed $1,000,000 for the First Year and Two Additional Optional Years at $1,000,000 Each Totaling $3,000,000 for Each Firm, for a Total Amount of $9,000,000 for a Total Three-Year Term BACKGROUND: The City of San Bruno Public Works Department is responsible for developing, implementing, and delivering the Capital Improvement Program (CIP) on a timely basis and within the approved budgets. The CIP helps enhance the overall quality of life in the city by improving the physical structures, systems, and facilities that provide services to the community. The CIP is designed to identify, plan and develop projects using a long-term vision for the community’s facilities and infrastructure needs, and the assets they install, replace, or rehabilitate will likely be required for decades of public use. The CIP projects vary in scope and breadth from street improvements, bicycle and pedestrian improvements, water, storm and wastewater facilities, and various City-owned building/facility improvements.

Some CIP projects create new infrastructure while others enhance the service life of existing capital infrastructure. Parts of the City are over a hundred years old, and the infrastructure requires replacement due to reaching or exceeding its service life. Lack of capital replacement or repair to the infrastructure will result in failure of infrastructure that provide needed service to the community. Although capital replacement can at times be deferred with some additional risk of failure, investing the capital improvements later will cost more in future years. Capital Improvement Programs factor in cost escalation to mid- year of construction to ensure that the projects are fully funded to complete construction.

The average Consumer Price Index for All Urban Consumers (CPI-U), which is used to gauge cost escalation for the CIP, increased 7.5% between January 2021 to January 2022 for reference. It is also noted that Energy prices in that period rose 27%. These increases have been reflected in some recent bids from contractors. If funds are available for infrastructure improvements, investing those improvements sooner would help with minimizing escalating construction costs.

Based on the City’s needs, the Capital Improvement Program has increased significantly while the resources to implement the program have not kept pace. Since Fiscal Year (FY) 2016-17 the Capital Improvement Program almost doubled from approximately $54 million 42 of 102
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4 to $96 million in FY 2021-22. The four engineering staff programmed to the CIP Division (consisting of one Principal Civil Engineers and three Associate Engineers) to provide project management to deliver CIP projects did not similarly increase. The City Engineer also manages and delivers CIP projects, which provides approximately 4.5 engineering staff delivering CIP projects in the Engineering Section.

Concurrent with the expansion of the Capital Improvement Program, the level of private development and traffic engineering related interests increased. With vacancies in those Divisions (Land Development Associate Engineer since September 2021, and Traffic Engineering Associate Engineer since April 2020) the CIP staff has had to dedicate resources to make sure those interests are still addressed, which further reduces the capacity for delivering the CIP projects.

Furthermore, from FY 2016-17 to present, three of four of the CIP Engineering staff resigned, retired, or otherwise separated from the City, constituting a 75% turnover in the Engineering staff managing CIP projects. One of the CIP Associate Engineer positions that became vacant in 2019 has remained vacant ever since. At least two separate recruitments were conducted to attempt to fill the vacancy. Currently, the Engineering Section has an overall 32% vacancy rate. More starkly, of the five total Associate Engineer positions approved in the Engineering Section, three are vacant, a 60% vacancy rate. Staff continually attempts to recruit staff but as those vacancies extend, the CIP workload backlog grows.

Since FY 19-20, staff attempted to address the backlog by reducing the CIP appropriation to allow for addressing projects on hold and completing some projects from the program. This allowed staff to reduce the CIP backlog for that year, however even with this current approach the CIP appropriation continues to grow given the City’s infrastructure needs.

Except for one year (FY20-21) the CIP total appropriation continues to grow despite the approach to reduce new CIP requests whenever feasible (Table 1). During that time, staff has been working to diligently deliver projects at the existing staffing levels. The model of continuously attempting to absorb the workload of other engineering divisions and shift CIP staff resources has unfortunately contributed to staff burnout and backlog of CIP projects. Looking at the next three years, there will be anticipated project management need for 26 projects that have not been initiated or will need to be initiated. To maintain the much-needed CIP project workloads and deliver the infrastructure improvements that are needed, this on-call project management contract would expand the delivery capacity by retaining the services of consulting firms to assist with CIP project management.

As part of the upcoming FY 2022-23 budgeting process, the City Council will be presented with a proposal to right size the staff resources for the delivery of the CIP. This will be a combination of additional staff to manage the overall consistent increase in the CIP and consultants to manage spikes in CIP delivery needs.

DISCUSSION: In addition to the current CIP workload, the City’s adopted CIP Budget outlines work programs, project descriptions, and funding needed projects to be undertaken in the next 5-years. Public Works has a significant amount of infrastructure CIP projects planned for major work during the upcoming fiveyears. The proposed five year CIP Plan for FY 2021-22 through 2025-26 is $226 million (see Attachment 2). Since FY 2016-17, the 43 of 102
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4 current CIP has increased in Total CIP Appropriation from $55 million to $96 million as shown in Table 1 below. Combining both current and planned CIP projects means the City will have a CIP portfolio of approximately $322M in needed funds to complete in through FY 2025-26. Current staffing levels and the accelerated pace of work has allowed staff to complete on average $17M (with 3 of the past five years between clearing $20M-$30M) of CIP work annually. To deliver at the current CIP Project level (approximately 60-70 projects) with existing staff and to deliver further increase in the next five years, it will require a combination of staff and consultant support for the project management, design, and construction management of the projects. The following table shows the last five fiscal years of the Capital Improvement Program related to Public Works:

Table2: Total CIP Appropriation
Fiscal Year New CIP Appropriation Total CIP Appropriations 2016-17 $17 million $54 million 2017-18 $29 million $76 million 2018-19 $33 million $85 million 2019-20 $ 7 million $92 million 2020-21 $21 million $81 million 2021-22 $36 million $96 million Currently, there are a projected 26 projects awaiting start in the next 3 years due to the number of CIP projects that can be practicably managed by existing staff (Attachment 3).

The CIP Division currently has three licensed Engineers managing the CIP with the fourth position being vacant since 2019. Current staff are managing up to twelve CIP projects at one time, as well as accommodating the needs of the public and other City departments, such as with plan checking, staff support for the encroachment permits and development projects, additional non-CIP projects assigned to Engineering Section, and addressing public traffic and pedestrian related concerns and requests. The other engineering staff are working on Private Development review or other aspects such as encroachment permits, inspection, etc. That coupled with the current vacancy levels makes it difficult for staff to provide sufficient resources for the CIP and other assignments. The typical project workload for staff managing focused solely on managing projects is about six at one time.

As a comparison to other cities with different deliver models, the City of San Mateo’s CIP for FY 2021-22 is $52.5M; however, they have sixteen engineers, three project managers, and two transportation planners budgeted to work on CIP projects. San Mateo was focused solely on designing and managing projects in house. As another comparison, the City of South San Francisco’s CIP for FY 2021-22 is $130.3 million (total appropriation $284 million); however they manage with 5 engineers and supplement with consultants in the amount of $18,000,000 over three fiscal years. The City of South San Francisco focuses on consulting out both project management and design.

By moving to utilize a model whereby consultants are temporarily resourced to facilitate project delivery, Public Works will have greater capacity to deliver CIP projects approved by Council. City staff will still manage the projects and provide direction, but utilization of multi- disciplinary consultant teams will provide the required capacity and improve the overall coordination and accountability while the Public Works Department appropriately resources in house CIP staffing levels. Without augmenting City engineering staff as proposed, CIP 44 of 102
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4 projects will continue to be backlogged as existing City staff cannot manage the volume of work.

In February 2022, the City issued a Request for Qualifications (RFQ) for multi-disciplinary professional services that included project management services. Staff received five proposals for project management services and conducted an evaluation based on the following criteria:
 Project understanding
 Qualifications and experience of the project manager(s) and team  Qualifications relating to CIP management
 Experience with design and construction of CIP projects All five firms were selected and placed into the City’s on-call engineering pool for project management services. From the on-call pool, three firms demonstrated the expertise to provide project management services that the Administrative & Engineering Section needs for effective CIP project delivery. The two firms not selected demonstrated greater expertise in the management of private development projects. Due to the large volume of CIP projects, staff recommends that all three remaining qualified firms: CSG Consultants, Inc., Swinerton Management & Consulting, and West Yost Associates, Inc. undertake the project management services based upon the firms’ experience, resources, familiarity of working with the City of San Bruno and various municipalities, and positive references.

Through the project delivery cycle, project management represents approximately five percent of the project budget. Based on the FY 2021-22 CIP total appropriation of $96 million, staff anticipates approximately $4.8 million worth of project management need (Attachment 3). Understanding that not all projects will be included under project management services and assuming that vacancies can be filled and requests for additional staff authorized staff recommends approximately $3 million of CIP work to be delivered by consultant services. This will allow staff the flexibility to structurally right size the organizational staffing resource levels to be better positioned to deliver the CIP into future years and absorb some potential unplanned and unprogrammed CIP projects. Based on the anticipated workload, staff recommends executing professional service agreements to not exceed $3 million per year total, with each consultant firm averaging approximately $1 million per year with an amount not to exceed $3 million over the three year length of the agreements as shown below:

Year 1 Year 2 Year 3
CSG Consultants, Inc. $ 1,000,000 $ 1,000,000 $ 1,000,000 Swinerton Mgt & Consulting $ 1,000,000 $ 1,000,000 $ 1,000,000 West Yost Associates, Inc. $ 1,000,000 $ 1,000,000 $ 1,000,000

Total $ 3,000,000 $ 3,000,000 $ 3,000,000 Staff will issue individual task orders for the various CIP projects and related tasks assigned to the consultant based on each firms’ ability to deliver projects and within the agreement 45 of 102
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4 dollar capacity allowed. On-Call contracts are structured to allow for flexibility to resource for projects in a timely manner. Consultants will work on an on-call basis with scope and cost clearly agreed upon by the City. Accordingly, all work performed under the agreements will be pursuant to individual task orders that will have a specifically defined scope and schedule that will be negotiated on a task order basis. The on-call agreements will acknowledge that the individual task orders will dictate the work done under each agreement, up to the not to exceed amount. These costs for these task orders would be charged against the various projects through their sources of funds at a task order level.

There is no city obligation to expend any funds under these agreements and are only established when task orders are created.

FISCAL IMPACT: There are no costs in establishing these agreements. They do create a $9,000,000 agreement capacity that will be funded by CIP Projects on a task order by task order basis. There are sufficient funds allocated in the CIP projects to cover project management costs.

RECOMMENDATION: Adopt resolution authorizing the City Manager to execute an agreement for project management services with CSG Consultants, Inc., Swinerton Management & Consulting, and West Yost Associates, Inc. in an amount not to exceed $1,000,000 for the first year and two additional optional years at $1,000,000 each totaling $3,000,000 for each firm, for a total amount of $9,000,000 for a three-year term.

ALTERNATIVES:

1. Do not proceed with pursuing project management services and request staff provide list of projects that will be on hold in the CIP.

2. Reduce the consultant not-to-exceed amount and number of projects to CIP project to deliver.

ATTACHMENTS:

1. Resolution

2. FY 2021-22 Capital Budget Project Sheets

3. List of Projects Needing Project Management Services 46 of 102
RESOLUTION NO. 2022 - ___

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ON-CALL

AGREEMENTS FOR PROJECT MANAGEMENT SERVICES WITH CSG
CONSULTANTS, INC., SWINERTON MANAGEMENT & CONSULTING, AND WEST YOST ASSOCIATES, INC. IN AMOUNTS NOT TO EXCEED $1,000,000 FOR THE FIRST YEAR AND TWO ADDITIONAL OPTIONAL YEARS AT $1,000,000 EACH TOTALING $3,000,000 FOR EACH FIRM, FOR A TOTAL AMOUNT OF $9,000,000 FOR A THREE

YEAR TERM
WHEREAS, the City of San Bruno Public Works Department is responsible for developing, implementing and delivering the Capital Improvement Program (CIP) on a timely basis and within the approved budgets; and
WHEREAS, due to a rise in Consumer Price Index investing in capital improvements sooner would help with minimizing future construction costs; and WHEREAS, based on the City’s needs the CIP has increased significantly while the resources to implement the program have not kept pace; and WHEREAS, the CIP has almost doubled within the past five years from approximately $54 million to $96 million and the engineering staff programed to the CIP division did not similarly increase; and
WHEREAS, concurrent with the expansion of the CIP, the level of private development and traffic engineering related interests has increased and CIP staff has had to dedicate resources to ensure those interests are still addressed which further reduces the capacity for delivering the CIP projects; and
WHEREAS, from FY 2016-17 the CIP engineering staff has had a 75% turnover rate and despite conducting two separate recruitments to fill those turnovers there continues to be an overall 32% vacancy rate within the CIP division; and WHEREAS, since FY 2019-20 staff has attempted to address the backlog by reducing the CIP appropriation to allow for addressing projects on hold but given the City’s infrastructure needs the CIP total appropriation continues to grow despite the approach to reduce new CIP requests where feasible; and
WHEREAS, the model of continuously attempting to absorb the workload of other engineering divisions and shift CIP staff resources to address other engineering needs has unfortunately contributed to staff burnout and a backlog of CIP projects; and WHEREAS, as part of the upcoming FY 2022-23 budgeting process the City Council will be presented with a proposal to right size staff resources through a combination of additional staff to manage the overall consistent increase in the CIP and consultants to manage spikes in CIP deliver needs; and
WHEREAS, Public Works has a significant amount of infrastructure CIP projects 47 of 102
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planned for major work during the upcoming years in the amount of approximately $322 million in needed funds to complete through FY 2025-26; and WHEREAS, currently there are 26 projects awaiting start due to the number of CIP projects that can be practicably managed by existing staff; and WHEREAS, the CIP division currently has three licensed engineers managing the CIP with the fourth position vacant since 2019; and
WHEREAS, current staff are managing up to twelve CIP projects at one time while the typical project workload for staff focused solely on managing projects is about six at one time; and
WHEREAS, by utilizing a model whereby consultants are temporarily resourced to facilitate project delivery Public Works will have greater capacity to deliver CIP projects approved by Council; and
WHEREAS, in February 2022, the City issued a Request for Qualifications (RFQ) for multi-disciplinary professional services that included project management services; and WHEREAS, based on the qualifications submitted, three firms demonstrated staffing availability and expertise to provide project management services that the Engineering division needs for effective CIP project delivery; and
WHEREAS, based on the anticipated workload, staff recommends executing professional service agreements with each consultant firm to not exceed a total of $3.0M per year over the three year length of the agreements; and
WHEREAS, there are sufficient funds allocated in the CIP projects to cover project management costs.

NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council authorizes the City Manager to execute an agreement for Project Management Services with CSG Consultants, Inc., Swinerton Management & Consulting, and West Yost Associates, Inc. in an amount not to exceed $1,000,000 for the first year and two additional optional years at $1,000,000 each totaling $3,000,000 for each firm, for a total amount of $9,000,000 for a three year term.
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Dated: April 26, 2022
-o0o-
I, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Bruno this 26th day of April 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers:

ATTEST:

Vicky Hasha
Deputy City Clerk
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FY2020-21 Adopted Budget
Transmittal Letter
June 22, 2021

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FY2021-22 adopted budget continues to delay the reinvestment of funds into the Equipment Reserve Fund until additional financial resources have been identified.

CAPITAL

IMPROVEMENT PROGRAM

The Capital Improvement Program (CIP) is designed to identify, plan and develop projects using a long-term vision for the community’s facilities and infrastructure needs. The CIP Budget outlines work programs, project descriptions, and funding needed projects to be undertaken in the next 5-years. The CIP Budget covers a one-year period and includes adopted funding allocations to each project for work that is expected to occur during the budget year. Changes to existing projects, as well as the addition of new projects, may occur during the 5-year planning period as new needs requiring attention and allocation of resources are identified. The work program is updated every year as part of the CIP Budget development and review process.

Overall, the FY2021-22 Capital Improvement Program identifies more than 100 funded and underfunded projects/programs organized in 9 categories. $238.2 Million in capital investment is programmed through the 5-year CIP to assure rehabilitation, replacement, and improvement of City facilities and infrastructure. $142.4 Million of this amount is the expected cost of scheduled improvements to the City’s water and wastewater systems.

The following summarizes the total capital plan for all approved capital projects over the next 5 fiscal years in each of the established project categories.

Project Categories Total Capital Plan
Water $76,434,425
Wastewater 65,974,341
Stormwater 3,449,964
CityNet Services 250,000
Parks 8,956,615
Police 73,231
Facilities 54,642,030
Streets 25,281,449
Technology 3,160,000
Total $238,222,054

Many projects appearing in the CIP are scheduled for completion over a multi-year period. In each year, some projects are completed, closed out and removed from the program. A total of 13 projects in the adopted Capital Improvement Program were completed during FY2020-21.

These projects have all contributed to extending the useful life of critical infrastructure and A23
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FY2022-26 Capital Improvement Program

II. Budget Development Process

On February 24, 2021, the Finance Department distributed the FY2021-22 Budget Manual to City Departments. Examples of these guidelines, which were presented to aid in the development of departmental budgets, are as follows:

 Maintain budgets at current levels;
 Increases that are necessary to maintain current operational levels must be justified and prioritized.
 Reserve funds are funded in the budget in accordance with City Council direction.  All department budgets and any budget proposals for service level enhancements must be in line with the following City Council priorities:
o Implementation of the Transit Corridor Vision to Revitalize Downtown and Commercial Corridor;
o Assure Rehabilitation & Replacement of Critical Community Facilities and Infrastructure;
o Grow City Revenues to Assure On-Going Fiscal Stability and Economic Vitality; o Continue to Strengthen Community Connections and Engagement; o Protect and Improve Community Aesthetics and Safety;
o Continue Proactive Planning for the Future of San Bruno;  All department budgets and any proposals for service level enhancements must be in line with the City Manager’s Performance Goals; and
 Continue to look for opportunities for reprioritization of existing resources to better meet service delivery, efficiencies, and cost savings.

Budget Calendar

Date Item
February 24, 2021 Budget “Kick-off” – Instructional Manual distributed to Departments March 12, 2021 City Council Study Session – Strategic Initiatives March 13, 2021 City Council Study Session – Strategic Initiatives March 29- April 9, 2021 Departmental Meetings with the Finance Department April 19 – May 3, 2021 Departmental Meetings with the City Manager April 24, 2021 City Council Study Session – Strategic Initiatives May 28, 2021 City Manager’s Proposed Budget to City Council June 1, 2021 City Council Study Session – City Manager’s Proposed Budget June 8, 2021 Regular City Council Meeting – Budget Hearing 1 Total
Project Category
Estimated
Carryover New Request
Total
Appropriations FY2022-23 FY2023-24 FY2024-25 FY2025-26
FY2022-26
Budget
Unfunded
Priorities
Water 16,826,221 $ (2,941,796) $ 13,884,425 $ 20,550,000 $ 25,100,000 $ 16,700,000 $ 200,000 $ 76,434,425 $ - $ Wastewater 15,539,232 4,975,109 20,514,341 17,100,000 14,360,000 10,500,000 3,500,000 65,974,341 - Stormwater 1,680,681 1,769,283 3,449,964 - - - - 3,449,964 - CityNet Services - 250,000 250,000 - - - - 250,000 - Parks 712,093 4,944,522 5,656,615 775,000 775,000 1,600,000 150,000 8,956,615 - Police Department 73,231 - 73,231 - - - - 73,231 - Facilities 19,262,570 9,733,279 28,995,849 21,954,413 4,532,250 200,514 193,004 55,876,030 Street Improvements 6,473,449 6,198,000 12,671,449 8,310,000 2,950,000 750,000 600,000 25,281,449 - Technology 340,150 619,850 960,000 1,150,000 950,000 50,000 50,000 3,160,000 - Unfunded Priorities 501,164,999
Total 60,907,626 $ 25,548,247 $ 86,455,873 $ 69,839,413 $ 48,667,250 $ 29,800,514 $ 4,693,004 $ 239,456,054 $ 501,164,999 $ FY2021-22
C5
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ATTACHMENT 3
List of Projects Needing Project Management Services
Project Names Estimated Project Cost PM Cost (5%)
Ave 3-2 water and sewer main (2 projects) $12,500,000 $630,000 Ave 2-3 water and sewer main (2 projects) $6,000,000 $300,000 Ave 3-3 water and sewer main (2 projects) $10,600,000 $530,000 Ave 3-4 water and sewer main (2 projects) $10,600,000 $530,000 Ave 4-1 water and sewer (2 projects) $5,000,000 $250,000 Ave 4-2 water and sewer (2 projects) $9,600,000 $480,000 Earl sewer main $850,000 $40,000
Rollingwood PRV $600,000 $30,000
Oakmont PRV $600,000 $30,000
Cunningham PRV $600,000 $30,000
Commodore Tank $20,000,000 $1,000,000
Cunningham Tank $10,000,000 $500,000
Princeton Tank $4,000,000 $200,000
Crestwood Pump Station/Force Main (2 projects) $6,500,000 $330,000 Crystal Springs Utility Undergrounding Rule 20A $5,700,000 $290,000 Downtown Parking Meters $500,000 $30,000
Oak & Crystal Springs Intersection Improvements $800,000 $40,000 2020-21 Street Reconstruction $4,500,000 $230,000
SFPUC Pipeline Replacement (Stormwater) $450,000 $20,000 Total
$109,400,000 $5,490,000

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52 of 102
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: April 26, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Qianyu Sun, Finance Director
SUBJECT:Adopt Resolution Authorizing the City Manager to Execute an Agreement with Wells Fargo Bank N.A. for General Banking and Merchant Card Services
BACKGROUND:

The City of San Bruno maintained a banking service relationship with the First National Bank of Northern California for over three decades. In 2018, Tri Counties Bank (TCB) acquired First National Bank and became the City’s banking service provider after the acquisition. The City updated the banking services after TCB took over the banking relationship, however, few additional service updates have been done since. As a best practice, agencies normally meet with banking relationship managers annually to get industry update and service reevaluation.

An outside consultant, Management Partners, conducted an assessment study of Finance Department in 2021 and noted that “the City uses a small local bank, presumably in a effort to support local business. Often, local banks do not have the full range of features of large banks, including the capability for the City to earn interest on its deposits…” The study recommends the City issue an RFP for banking services.

Public agencies sometimes need to solicit banking services competitively in order to stay updated with the state-or-art banking technologies and achieve competitive pricing. To continue the Finance Department’s commitment to best practices and operation efficiency, staff launched an RFP process for banking services.

DISCUSSION:

The City issued an RFP for general banking and merchant card services in October 2021 and received written proposals from Tri Counties Bank, JP Morgan and Wells Fargo Bank N.A. After the proposal evaluation, staff met with all three banks via Zoom for presentations and portal demonstrations. The evaluation team includes Finance Director, Revenue Service Manager and the Accounting Manager.

Staff evaluated proposals and presentations in five criteria: executive summary, statement of qualifications, customer reference, technical proposal and pricing. The proposals submitted by J.P. Morgan and Wells Fargo were the most responsive and were very competitive in both their technical aspects and pricing. Both banks are large national banks and offer similar 53 of 102
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5 services. During the presentation, Wells Fargo’s online portals were more intuitive and user friendly, and their team demonstrated familiarity with Eden, the City’s financial and accounting system. The bank will also provide business process reviews at no cost to the City.

Wells Fargo Bank N.A.

Wells Fargo Bank N. A. is a primary subsidiary of Wells Fargo & Company which was founded originally by Henry Wells and William Fargo during the California Gold Rush to provide express mail delivery and banking services. After 170 years, Wells Fargo & Company has become the third largest financial institution in the US by market capitalization. The following table illustrates key measures of Wells Fargo’s financial strength as of December 31, 2021:

Measure Amount
Market Capitalization $186 billion
Book Value of Equity $167 billion
Total Deposits $1,483 billion
Total Loans $919 billion
Total Assets $1,948 billion
Tier 1 Common Equity 11.35%
Tier 1 Capital Ratio 12.89%
Total Capital Ratio 15.84%
Data Source: Bloomberg
Wells Fargo’s government banking team consists of more than 300 banking, credit, and treasury management professionals. In total the bank serves 5,500 government customers across the US, including 949 California government customers. Wells Fargo currently has a branch & ATM within the City limits located less than a mile from City Hall, at 875 San Bruno Ave. San Bruno CA 94066. There will also be a Local Government Banking Relationship Manager assigned to the City’s accounts. This professional has been with Wells Fargo 27 years and serves government entities throughout the San Francisco Bay Area.

Banking Services and Implementation
The City’s banking service needs are made up of three major segments: general banking, corporate credit cards and merchant card services.

General banking encompasses both depository and disbursement services. The City updated general banking services with Tri Counties Bank in 2017 and significantly improved the service level. However, few updates have been implemented since that time, and the City is not benefiting from recent advancements in banking technologies.

About 46 staff members of the City hold City issued credit cards with limits ranging from $1,000 to $30,000. City staff currently manually processes credit card charges in Eden.

Modern corporate card management systems are mobile friendly and can facilitate approval workflow and interface with the City’s ERP systems.

Elavon is the City’s merchant card service provider and the City relies on its payment gateways and terminals to process credit card payments. However, Elavon is not able to help 54 of 102
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5 the City to pass credit card service fees on eligible charges to customers. The City currently spends approximately $100,000 annually on fees associated with credit card transactions, not including utility and CityNet related credit card payments. One main goal for the City to solicit a new merchant card service provider was to establish online payment portals on the City’s website and charge credit card service fees to customers directly. The merchant service provider will assess the fee level annually, account for collected fees and distribute payments to credit card service vendors with no City staff involvement.

Being a leading national bank, Wells Fargo Bank N.A. is able to assist the City to accomplish the goals of modernizing banking services, improving operational efficiency, and lowering operating costs. Wells Fargo offers a complimentary Business Process Review, which allows the Bank to look at the City’s processes to determine where the opportunities for improvement lie.

Banking services implementation is a complicated and labor-intensive process. Finance staff will carry out extensive testing with assistance from Wells Fargo. Implementation may take from six months to a year. During the implementation, the City will retain dual banking services from both Tri Counties Bank and Wells Fargo, so that outstanding checks can clear the account. Staff also needs to notify vendors and business counterparties of the banking service change.

FISCAL IMPACT:

Based on the pro forma estimate, the banking service agreement with Wells Fargo carries a net monthly cost of $1,600 ($19,200 annually). As the City evaluates additional changes and enhancements to its banking services, additional services from Wells Fargo may be added in the future. Some of the additional services may result in additional cost. Banking service fees are budgeted in Finance Department and allocated to other departments and funds as a part of general administration cost allocation.

ALTERNATIVES:

1. Continue with the current banking service provider.

2. Reject staff recommendation and select a different proposal.

3. Direct staff to issue a new request for proposal for banking services.

RECOMMENDATION:

Adopt resolution authorizing the city manager to execute an agreement with Wells Fargo Bank N.A. for general banking and merchant card services. This agreement shall carry an initial term of 5 years with optional annual extensions up to a total maximum term of 10 years. After 10 years, the City will issue an RFP to solicit banking services competitively.

ATTACHMENTS:

1. Resolution
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RESOLUTION NO. 2022-_____

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WELLS FARGO N.A FOR GENERAL BANKING AND MERCHANT CARD SERVICES WHEREAS, the City maintains the banking service relationship with a local bank, First National Bank of Northern California for over three decades. In 2018, Tri Counties Bank acquired First National Bank and became the banking service provider to the City; and WHEREAS, Management Partners, during the assessment study of Finance Department in 2021, recommends the City issue an RFP for banking services; and WHEREAS, public agencies sometimes need to solicit banking services competitively in order to stay updated with the state-or-art banking technologies and achieve competitive pricing; and

WHEREAS, the Finance Department issued an Request for Proposal in October 2021 and received written proposals from Tri Counties Bank, JP Morgan and Wells Fargo Bank N.A.. Staff evaluated proposals and presentations in five criteria executive summary, statement of qualifications, customer reference, technical proposal and pricing; and WHEREAS, Wells Fargo Bank N. A. delivered a competitive proposal in both technical responses and pricing. Wells Fargo’s team also expressed that they are familiar with Eden, the City’s ERP system, and will provide business process review at “no cost” to the City; and WHEREAS, staff recommends Wells Fargo Bank N.A. for its strong technical proposal and user friendly online portals; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Bruno authorizes the City Manager to execute an agreement with Wells Fargo Bank, N.A, for general banking and merchant card services. This agreement shall carry an initial term of 5 years with optional annual extensions up to a total maximum term of 10 years. After 10 years, the City will issue an RFP to solicit banking services competitively. —o0o—
I hereby certify that foregoing Resolution No. 2022-___ was introduced and adopted by the San Bruno City Council at a regular meeting on April 26, 2022 by the following vote:

AYES:

NOES:

ABSENT:

Attest:

Vicky Hasha
Deputy City Clerk
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 26, 2022
To:Honorable Mayor and Councilmembers
FROM:Ryan Johansen, Chief of Police
SUBJECT:Waive Second Reading and Adopt Ordinance (Chapter 2.52) Regarding Police Department Acquisition and Use of Military Equipment

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. The text of AB 481 and the above-mentioned California Government Codes are attached to this Staff Report for reference.

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 considered “Military Equipment” for purposes of compliance with AB 481 and the Government Code. While the San Bruno 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, it does possess some types of equipment that are listed in Section 7070. Additionally, the San Bruno 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. 57 of 102
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In a Special Meeting on March 1, 2022, City Council approved the Military Equipment Use Policy by motion, and also waived the first reading and introduced the new Ordinance (Chapter 2.52) Regarding Police Department Acquisition and Use of Military Equipment. In that same Special Meeting, City Council requested that Staff make efforts to publicize that the approved Military Equipment Use Policy was available for review on the Police Department’s website, prior to the subsequent adoption meeting. This was accomplished through publicizing at several public meetings, as well as promotion in the City Manager’s Newsletter.

In order to comply with AB 481 and the California Government Code, Staff is recommending that the City Council now waive the second reading and adopt the ordinance, to be included in Title 2, Chapter 2.52, Military Equipment Use Ordinance. A summary of the sections of the proposed ordinance is provided below.

DISCUSSION OF PROPOSED MILITARY EQUIPMENT USE ORDINANCE Sections:

2.52.010 Name of Ordinance

2.52.020 Definitions

2.52.030 Military Equipment Use Policy Requirement

2.52.040 Use In Exigent Circumstances

2.52.050 Reports on the Use of Military Equipment

2.52.060 Severability
Section 2.52.010 Name of Ordinance
Staff proposes an ordinance name that is consistent with the verbiage of AB 481 and the applicable California Government Codes.

Section 2.52.020 Definitions
Where applicable Staff proposes use of the definitions that are provided in California Government Code Section 7070. This is especially important as it applies to the definition of “Military Equipment” and the definition of “Military Equipment Use Policy”.

Section 2.52.030 Military Equipment Use Policy Requirement This Section establishes the requirement that the Police Department obtain City Council approval of a Military Equipment Use Policy, prior to engaging in certain activities pertaining to Military Equipment, in accordance with California Government Code Section 7071. This Section further establishes the requirement that the Police Department commence a process of securing City Council approval of the continued use of Military Equipment acquired prior to January 1, 2022, no later than May 1, 2022.

Wherever applicable, Staff has recommended language taken directly from California 58 of 102
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Government Code Section 7071 for this Chapter, in an effort to ensure compliance with the law.

Section 2.52.040 Use In Exigent Circumstances
Given the inherently unpredictable nature of providing for public safety, it is critically important that the Police Department maintain the ability to acquire and utilize equipment that could prove essential to emergency operations, even if that equipment has not previously been included in the approved Military Equipment Use Policy. In exigent circumstances, it is not feasible to convene City Council meetings to seek advance approval for the use of equipment that is needed to carry out critical operations. Staff recommends inclusion of this Section to establish the parameters for use of Military Equipment that is not included in the approved Military Equipment Use Policy, in such exigent circumstances.

Staff has recommended a relatively restrictive definition of exigent circumstances to ensure that this section is used only sparingly to facilitate the acquisition and/or use of Military Equipment that is not in the approved Military Equipment Use Policy. Exigent Circumstances is defined as, “…a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.” Staff also recommends language in this Section that requires the Police Department to formally notify the City Council within thirty (30) days of acquiring and/or using Military Equipment pursuant to this Section, as well as to include any such occurrence in the Annual Military Equipment Report.

Section 2.52.050 Reports on the Use of Military Equipment This Section establishes the requirement that the Police Department provide the City Council with an Annual Military Equipment Report, and that this report be made publicly available on the Police Department’s public website. This Section also stipulates what information must be included in the Annual Military Equipment Report and establishes the requirement that the Police Department hold at least one well-publicized community engagement meeting to provide the public with the opportunity to discuss its contents.

All of this is required pursuant to California Government Code Section 7072.

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

Section 2.52.060 Severability
Staff proposes standard severability language to protect the integrity of remaining Sections of this Chapter in the event that one or more sections are deemed to be invalid and/or unconstitutional.
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Honorable Mayor and Members of the City Council
March 1, 2022

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FISCAL IMPACT
None.

RECOMMENDATION
Staff recommends that City Council waive second reading and adopt Ordinance (Chapter 2.52) regarding Police Department acquisition and use of Military Equipment in accordance with state law.

ALTERNATIVES

1. Request additional information before adopting the Ordinance.

ATTACHMENTS

1. Proposed City Ordinance Chapter 2.52

2. Text of California Assembly Bill 481 (AB 481)

3. Text of California Government Code Section 7070

4. Text of California Government Code Section 7071

5. Text of California Government Code Section 7072

6. Approved Military Equipment Use Policy
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ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BRUNO AMMENDING TITLE 2 (ADMINISTRATION AND
PERSONNEL) TO ADD CHAPTER 2.52: MILITARY EQUIPMENT USE

ORDINANCE

WHEREAS, the City adopted a codification of the general ordinances of the City of San Bruno entitled the “San Bruno Municipal Code Revised and Republished December 1998” (“the Municipal Code” or “the Code”) which was authorized and approved by Ordinance No. 1604 and adopted January 11, 1999, pursuant to Government Code Sections 50022.1-50022.10; and

WHEREAS, since that time, the Municipal Code has been regularly amended and augmented with new ordinances expanding its volume and complexity; and

WHEREAS, on September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law; and

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

WHEREAS, AB 481 and California Government Code Sections 7070, 7071 and 7072 require that The City Council of the City of San Bruno approve a Military Equipment Use Policy by ordinance; and

WHEREAS, the amendment of Title 2 (Administration and Pesonnel), to add Chapter

2.52: Military Equipment Use Ordinance, is necessary to comply with the requirements of AB 481 and California Government Code Sections 7070, 7071 and 7072,

The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. Recitals. The above recitals are incorporated as though set forth in this section.

SECTION 2. Editorial guidance. The Code publisher will arrange definitions and other changes alphabetically to conform to the Code’s current style and will, as needed, re- order numbering and lettering changes caused by these amendments. The City Clerk and the City Attorney are authorized to work with the Code Publisher to effectuate non- substantive amendments to ensure consistency as to form and style of the Code.

Further, the code publisher is directed to substitute the name of an office and/or position wherever possible rather than use a gender pronoun without further or formal amendments.

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SECTION 3. Title 2 is amended and restated to read, as follows:

Chapter 2.52
“MILITARY EQUIPMENT” USE ORDINANCE

Sections:

2.52.010 Name of Ordinance

2.52.020 Definitions

2.52.030 Military Equipment Use Policy Requirement

2.52.040 Use In Exigent Circumstances

2.52.050 Reports on the Use of Military Equipment

2.52.060 Severability

2.52.010 Name of Ordinance
A. This Ordinance shall be known as the Military Equipment Use Ordinance.

2.100.020 Definitions
A. “Military Equipment” includes all of the following (Per CA Gov. Code §7070):

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 62 of 102
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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.

B. "City" means any department, agency, bureau, and/or subordinate division of the City of San Bruno.

C. “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the San Bruno Police Department.

D. “City Council” means the governing body that is the San Bruno City Council.

E. “Military Equipment Use Policy” means 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.
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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.

F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

H. "Type" means each item that shares the same manufacturer model number.

2.52.030 Military Equipment Use Policy Requirement
A. The San Bruno Police Department shall obtain approval of the City Council, by a resolution adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) prior to engaging in any of the following:

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

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

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

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

5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
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6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.

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

B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the San Bruno Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the San Bruno Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.

C. In seeking the approval of City Council, the San Bruno Police Department shall submit a proposed Military Equipment Use Policy to the City Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

D. The City Council shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:

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

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

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

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

E. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

F. The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).

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

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

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

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

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

2.52.050 Reports on the Use of Military Equipment.

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

B. The Police Department 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.

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

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

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

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

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military 66 of 102
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Equipment in the calendar year following submission of the annual Military Equipment Report.

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

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

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

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

2.52.060 Severability
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.

B. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

SECTION 5. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from and after the date of its final passage and adoption.

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SECTION 7. PUBLICATION. The City Clerk is directed to cause publication of this Ordinance as required by law.

---oOo---

I, Melissa Thurman, City Clerk, do hereby certify that the foregoing Ordinance No. ____ was introduced at a regular meeting of the San Bruno City Council on ______ and adopted by the San Bruno City Council at a regular meeting on _______, by the following vote:

AYES: C ouncilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

Vicky Hasha
Deputy City Clerk
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Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distrib ution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agenc y, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property , including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill w ould require a la w enforcement agenc y, defined to include specified entities, to obtain appro val of the applicable go verning body, by adoption of a military equipment use polic y, as specified, by ordinance at a regular meeting held pursuant to specified open meeting la ws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the go verning body to appro ve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill w ould require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use polic y if it determines, based on an annual military equipment report prepared by the law enforcement agency, as pro vided, that the military equipment does not comply with the above-described standards for appro val. The bill w ould specify these provisions do not preclude a county or local municipality from implementing

92 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

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additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agenc y’s internet website, and pro vide a cop y of the polic y to the Governor or the Go vernor’s designee, as specified. The bill w ould also require a state agenc y that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

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

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

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts la ws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

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

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

The people of the State of California do enact as follows:

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

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

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a)  “Governing body” means the elected body that o versees a la w enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a la w enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b)  “Law enforcement agency” means any of the following:
(1)  A police department, including the police department of a transit agency, school district, or an y campus of the University of California, the California State University, or California Community Colleges. (2)  A sheriff’s department.
(3)  A district attorney’s office.
(4)  A county probation department.
(c)  “Military equipment” means the following:
(1)  Unmanned, remotely piloted, powered aerial or ground vehicles. (2)  Mine-resistant amb ush-protected (MRAP) v ehicles 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 Humv ees, two and one-half-ton trucks, fiv e-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain v ehicles (A TVs) and motorized dirt bik es are specifically excluded from this subdivision.
(4)  Tracked armored v ehicles that pro vide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5)  Command and control v ehicles that are either b uilt 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 e xplosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 Ch. 406 — 3 —

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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 e xception 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 e xplosive breaching tools, “tear g as,” and “pepper balls, ” e xcluding standard, service-issued handheld pepper spray.
(13)  Taser Shockw ave, micro wave weapons, w ater cannons, and the Long Range Acoustic Device (LRAD).
(14)  The follo wing projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag, ” rubber b ullet, and specialty impact munition (SIM) weapons.
(15)  Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16)  Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d)  “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a la w enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1)  A description of each type of military equipment, the quantity sought, its capabilities, e xpected lifespan, and product descriptions from the manufacturer of the military equipment.
(2)  The purposes and authorized uses for which the la w 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 an y course required by the Commission on Peace Officer Standards and Training, that must be completed before an y 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 92 — 4 — Ch. 406

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authority, and, if applicable, what le gally 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 ho w the la w enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e)  “State agency” means the la w enforcement di vision of e very state office, officer, department, division, bureau, board, and commission or other state body or agenc y, e xcept those agencies pro vided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f)  “Type” means each item that shares the same manuf acturer model number.
7071. (a)  (1)  A law enforcement agency shall obtain appro val of the governing body, by an ordinance adopting a military equipment use policy at a re gular meeting of the go verning body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of P art 1 of Di vision 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of P art 1 of Division 2 of Title 5), as applicable, prior to eng aging in an y of the following:
(A)  Requesting military equipment made a vailable pursuant to Section 2576a of Title 10 of the United States Code.
(B)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting pri vate, local, state, or federal funds, in-kind donations, or other donations or transfers. (C)  Acquiring military equipment either permanently or temporarily , including by borrowing or leasing.
(D)  Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E)  Using any new or e xisting military equipment for a purpose, in a manner, or by a person not pre viously approved by the go verning body pursuant to this chapter.
(F)  Soliciting or responding to a proposal for , or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G)  Acquiring military equipment through an y means not pro vided by this paragraph.
(2)  No later than May 1, 2022, a la w enforcement agenc y seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the go verning body does not appro ve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use polic y submitted pursuant to subdi vision (b), within 180 days of submission of the proposed military equipment use policy to the go verning body, the la w enforcement agenc y shall cease its use of 92 Ch. 406 — 5 —

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the military equipment until it receives the approval of the governing body in accordance with this section.
(b)  In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and mak e those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c)  The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a re gular meeting and provide for public comment in accordance with the Bagle y-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Di vision 3 of Title 2) or the Ralph M. Bro wn Act (Chapter 9 (commencing with Section 54950) of P art 1 of Di vision 2 of Title 5), as applicable.
(d)  (1)  The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A)  The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B)  The proposed military equipment use polic y will safe guard the public’s welfare, safety, civil rights, and civil liberties. (C)  If purchasing the equipment, the equipment is reasonably cost effective compared to a vailable alternati ves that can achie ve the same objective of officer and civilian safety.
(D)  Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2)  In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e)  (1)  The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to rene w the ordinance at a re gular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of P art 1 of Di vision 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of P art 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for appro val set forth in subdi vision (d). If the go verning body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 — 6 — Ch. 406

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to the military equipment use policy in a manner that will resolve the lack of compliance.
(f)  Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for la w enforcement services, the city shall ha ve the authority to adopt a military equipment use policy based on local community needs.
7072. (a)  A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the follo wing information for the immediately preceding calendar year for each type of military equipment:
(1)  A summary of how the military equipment was used and the purpose of its use.
(2)  A summary of any complaints or concerns recei ved concerning the military equipment.
(3)  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4)  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year follo wing submission of the annual military equipment report.
(5)  The quantity possessed for each type of military equipment. (6)  If the law enforcement agency intends to acquire additional military equipment in the ne xt year, the quantity sought for each type of military equipment.
(b)  Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and con veniently located community engagement meeting, at which the general public may discuss and ask questions re garding the annual military equipment report and the la w enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a)  A state agency shall create a military equipment use polic y prior to engaging in any of the following:
(1)  Requesting military equipment made a vailable pursuant to Section 2576a of Title 10 of the United States Code.
(2)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting pri vate, local, state, or federal funds, in-kind donations, or other donations or transfers. (3)  Acquiring military equipment either permanently or temporarily , including by borrowing or leasing.
92 Ch. 406 — 7 —

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(4)  Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5)  Using any new or e xisting military equipment for a purpose, in a manner, or by a person not pre viously approved by the go verning body pursuant to this chapter.
(6)  Soliciting or responding to a proposal for , or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7)  Acquiring military equipment through an y means not pro vided by this subdivision.
(b)  No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c)  A state agenc y that is required to create a military equipment use policy pursuant to this section shall do both of the follo wing within 180 days of completing the policy:
(1)  Publish the military equipment use polic y on the agenc y’s internet website.
(2)  Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of state wide concern rather than a municipal af fair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede an y inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

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

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

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agenc y or school district under this act w ould 92 — 8 — Ch. 406

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result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

O
92 Ch. 406 — 9 —

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Cal. Gov. Code § 7070
Section 7070 - Definition
(a) "Governing body" means the elected body that oversees a law enforcement agency or, ifthere is no elected body that directly oversees the law enforcement agency, the appointedbody that oversees a law enforcement agency. In the case of a law enforcement agency of acounty, including a sheriff's department or a district attorney's office, "governing body"means the board of supervisors of the county.(b) "Law enforcement agency" means any of the following:(1) A police department, including the police department of a transit agency, schooldistrict, or any campus of the University of California, the California State University, orCalifornia Community Colleges. (2) A sheriff's department.
(3) A district attorney's office.
(4) A county probation department.
(c) "Military equipment" means the following:(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.However, police versions of standard consumer vehicles are specifically excluded fromthis subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to asHumvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have abreaching 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 andutilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate theoperational 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 ramdesigned to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specificallyexcluded from this subdivision.

For purposes of this chapter, the following definitions shall apply:
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(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition isspecifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assaultweapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception ofstandard issue service weapons and ammunition of less than .50 caliber that are issued toofficers, 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 RangeAcoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mmprojectile 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 requireadditional oversight. (16) Notwithstanding paragraphs (1) through (15), "military equipment" does not includegeneral equipment not designated as prohibited or controlled by the federal DefenseLogistics Agency. (d) "Military equipment use policy" means a publicly released, written document governingthe use of military equipment by a law enforcement agency or a state agency that addresses,at a minimum, all of the following:(1) A description of each type of military equipment, the quantity sought, its capabilities,expected lifespan, and product descriptions from the manufacturer of the militaryequipment. (2) The purposes and authorized uses for which the law enforcement agency or the stateagency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs ofobtaining 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 OfficerStandards and Training, that must be completed before any officer, agent, or employee ofthe law enforcement agency or the state agency is allowed to use each specific type ofmilitary 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. 2 Section 7070 - Definition Cal. Gov. Code § 7070
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(6) The mechanisms to ensure compliance with the military equipment use policy,including which independent persons or entities have oversight authority, and, ifapplicable, 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 mayregister complaints or concerns or submit questions about the use of each specific type ofmilitary equipment, and how the law enforcement agency will ensure that each complaint,concern, or question receives a response in a timely manner. (e) "State agency" means the law enforcement division of every state office, officer,department, division, bureau, board, and commission or other state body or agency, exceptthose agencies provided for in Article IV (except Section 20 thereof) or Article VI of theCalifornia Constitution.(f) "Type" means each item that shares the same manufacturer model number.

Ca. Gov. Code § 7070
Added by Stats 2021 ch 406 (AB 481),s 2, eff. 1/1/2022. 3 Section 7070 - Definition Cal. Gov. Code § 7070
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Cal. Gov. Code § 7071
Section 7071 - Approval for use of military equipment
(a)(1) A law enforcement agency shall obtain approval of the governing body, by anordinance adopting a military equipment use policy at a regular meeting of the governingbody held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing withSection 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), asapplicable, prior to engaging in any of the following:(A) Requesting military equipment made available pursuant to Section 2576a of Title 10of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for agrant, soliciting or accepting private, local, state, or federal funds, in-kind donations, orother donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including byborrowing or leasing. (D) Collaborating with another law enforcement agency in the deployment or other useof military equipment within the territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by aperson not previously approved by the governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, anyother person or entity to seek funds for, apply to receive, acquire, use, or collaborate inthe use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use ofany military equipment that was acquired prior to January 1, 2022, shall commence agoverning body approval process in accordance with this section. If the governing bodydoes not approve the continuing use of military equipment, including by adoptionpursuant to this subdivision of a military equipment use policy submitted pursuant tosubdivision (b), within 180 days of submission of the proposed military equipment usepolicy to the governing body, the law enforcement agency shall cease its use of themilitary equipment until it receives the approval of the governing body in accordance withthis section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a lawenforcement agency shall submit a proposed military equipment use policy to the governing 1 81 of 102
body and make those documents available on the law enforcement agency's internet websiteat least 30 days prior to any public hearing concerning the military equipment at issue.(c) The governing body shall consider a proposed military equipment use policy as anagenda item for an open session of a regular meeting and provide for public comment inaccordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.(d)(1) The governing body shall only approve a military equipment use policy pursuant tothis chapter if it determines all of the following:(A) The military equipment is necessary because there is no reasonable alternative thatcan achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare,safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared toavailable alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy thatwas in effect at the time, or if prior uses did not comply with the accompanying militaryequipment use policy, corrective action has been taken to remedy nonconforming usesand ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment usepolicy shall be made publicly available on the internet website of the relevant lawenforcement agency for as long as the military equipment is available for use. (e)(1) The governing body shall review any ordinance that it has adopted pursuant to thissection approving the funding, acquisition, or use of military equipment at least annuallyand, subject to paragraph (2), vote on whether to renew the ordinance at a regular meetingheld pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing withSection 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), asapplicable. (2) The governing body shall determine, based on the annual military equipment reportsubmitted pursuant to Section 7072, whether each type of military equipment identified inthat report has complied with the standards for approval set forth in subdivision (d). If thegoverning body determines that a type of military equipment identified in that annualmilitary equipment report has not complied with the standards for approval set forth insubdivision (d), the governing body shall either disapprove a renewal of the authorizationfor that type of military equipment or require modifications to the military equipment usepolicy in a manner that will resolve the lack of compliance. 2 Section 7071 - Approval for use of military equipment Cal. Gov. Code § 7071 82 of 102
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entityfor law enforcement services, the city shall have the authority to adopt a military equipmentuse policy based on local community needs.

Ca. Gov. Code § 7071
Added by Stats 2021 ch 406 (AB 481),s 2, eff. 1/1/2022. 3 Section 7071 - Approval for use of military equipment Cal. Gov. Code § 7071 83 of 102
Cal. Gov. Code § 7072
Section 7072 - Annual military equipment report
(a) A law enforcement agency that receives approval for a military equipment use policypursuant to Section 7071 shall submit to the governing body an annual military equipmentreport for each type of military equipment approved by the governing body within one yearof approval, and annually thereafter for as long as the military equipment is available foruse. The law enforcement agency shall also make each annual military equipment reportrequired by this section publicly available on its internet website for as long as the militaryequipment 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 typeof military equipment:(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the militaryequipment. (3) The results of any internal audits, any information about violations of the militaryequipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition,personnel, training, transportation, maintenance, storage, upgrade, and other ongoingcosts, and from what source funds will be provided for the military equipment in thecalendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in thenext year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment reportpursuant to this section, the law enforcement agency shall hold at least one well-publicizedand conveniently located community engagement meeting, at which the general public maydiscuss and ask questions regarding the annual military equipment report and the lawenforcement agency's funding, acquisition, or use of military equipment.

Ca. Gov. Code § 7072
Added by Stats 2021 ch 406 (AB 481),s 2, eff. 1/1/2022. 1 84 of 102

Ryan Johansen
Chief of Police CITY OF SAN BRUNO

POLICE DEPARTMENT
1177 Huntington Avenue, San Bruno, CA 94066-1500
Voice: (650) 616-7100 • Fax: (650) 871-6734
http://sanbruno.ca.gov
2022 San Bruno Police Department Military Equipment Use Policy

California Government Code §7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval. This is further required by San Bruno City Ordinance 2.52.

The San Bruno 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 San Bruno Police Department also has not acquired any equipment through military surplus programs such as the 1033 Program.

California Government Code §7070 provides a list of equipment types that are considered to be “military equipment” for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the San Bruno Police Department, or reasonably likely to be deployed in San Bruno by its law enforcement partners.

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.

California Government Code § 7070(c) defines Military Equipment as any of the following:
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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.

Pursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072, the San Bruno Police Department will submit to the San Bruno City Council an Annual Military Equipment Report and will make that report publicly available on its internet website. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
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4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The San Bruno City Council will use the Annual Military Equipment Report as a mechanism to ensure the San Bruno Police Department’s compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.

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) 616-7100

3. Via mail sent to: San Bruno Police Department
Attn: Military Equipment Use Coordinator
1177 Huntington Avenue
San Bruno, CA 94066
The San Bruno Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

The remainder this Military Equipment Use Policy is divided into two sections. Section One lists qualifying equipment that is owned and/or utilized by the San Bruno Police Department. Section Two lists qualifying equipment not previously listed in this policy, that is not owned or regularly utilized by the San Bruno Police Department, but which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the San Bruno Police Department is a participating agency. While the equipment in Section Two is not purchased, owned, or maintained by the San Bruno Police Department, it could be used in the City of San Bruno if NCR SWAT is deployed, and is therefore included in this Military Equipment Use Policy. It is important to note that NCR SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high- risk search and arrest warrants. The equipment NCR SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.

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Section One: Qualifying Equipment Owned/Utilized by the San Bruno Police Department

Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 1 owned 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: The initial costs of equipment, licensing, software and training was approximately $40,000 which was funded with Equitable Sharing Asset Forfeiture Funds. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $15,000 per year total, for this and the other two UAS/Drones combined.

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 include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.

Other Notes: None.
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Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 2 owned Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicles 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:

Mavic II Enterprise: The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24-48 mm 2x optical enterprise lens capable of shooting 4k videos and 12 megapixel photos that support up to 6x FHD zoom. DJI signature tecUologies such as Obstacle Sensing and the Advanced Pilot Assistance System, help you capture complex shots effortlessly. Additional features like the built in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic II Enterprise also has attachable modular accessories like the M2E spotlight, M2E Beacon, and M2E Speaker that are purpose built for various applications. The Mavic II Enterprise boasts a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.

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.

Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $30,000 which was funded with Equitable Sharing Asset Forfeiture Funds. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $15,000 per year total, for this and the other two UAS/Drones combined.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.

Other Notes: None.

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Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 18 owned Lifespan: Approximately 15 years Equipment Capabilities: The Colt AR15A3 semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Manufacturer Product Description: The Colt AR15A3 features a gas operated semi-auto firing system chambered in 223 Remington/5.56 NATO with a barrel length of 16.1". The rifle is outfitted with carbine length Magpul railed forend
Purpose/Authorized Uses: Officers may deploy the patrol 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 patrol rifle may include but are not limited to:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an 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: The initial cost of equipment was approximately $33,282. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

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

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

Other Notes: These rifles are already well beyond their serviceable lifespan and are in the process of being replaced by the Daniels Defense rifles listed later in this policy. Until we receive shipment of the new rifles, we will continue to use these.
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Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 7 owned Lifespan: Approximately 15 years Equipment Capabilities: The Colt M4 semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Manufacturer Product Description: The Colt M4 Magpul Carbine features a gas operated semi-auto firing system chambered in 223 Remington/5.56 NATO with a barrel length of 16.1". The rifle is outfitted with carbine length Magpul MOE stock and railed forend Purpose/Authorized Uses: Officers may deploy the patrol 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 patrol rifle may include but are not limited to:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an 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: The initial cost of equipment was approximately $12,943. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

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

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Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 53 owned Lifespan: Approximately 15 years Equipment Capabilities: The Daniel Defense MK18 semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Manufacturer Product Description: The Daniel Defense MK18 features the railed forend Daniel Defense currently provides to USSOCOM, and a 10.3” Cold Hammer Forged Barrel. The MK18 rail system features the patented bolt-up attachment system and has been rigorously tested prior to fielding by USSOCOM. The MK18 SBR by Daniel Defense is unmatched in size, weight, and performance.

Purpose/Authorized Uses: Officers may deploy the patrol 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 patrol rifle may include but are not limited to:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an 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: The initial cost of equipment was approximately $168,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

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

Other Notes: These rifles are standard issue service weapons for our officers and therefor exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency. We have not yest received shipment of these recently purchased rifles, but we are expecting to do so in May 2022, and which point these rifles will replace the two types of Colt rifles previously listed in this policy.

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Equipment Type: Semiautomatic Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years Equipment Capabilities: The Bushmaster AR-10 Sniper Rifle is capable of firing a 7.62mm projectile bullet.

Manufacturer Product Description: Bushmaster MOE 308 Semi-automatic .308 Winchester/7.62 NATO AR-10 Rifle.

1. 16" heavy profile barrel

2. Magpul MOE Hand Guard, accepts rail sections (carbine, mid-length or rifle-length)

3. Magpul MBUS rear flip sight

4. Magpul MOE pistol grip, accepts MIAD storage cores

5. Magpul MOE vertical grip

6. Magpul enhanced trigger guard

7. Magpul MOE adjustable stock with strong A-design and rubber butt pad

8. Mid-length gas system for smoother recoil

Purpose/Authorized Uses: This rifle is authorized for use by a Sniper-trained, SWAT Operator only and may be deployed 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: This equipment was donated to the San Bruno Police Department at no cost. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

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

Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT Snipers must successfully complete a CA POST certified sniper course as well as regular SWAT Sniper training and qualifications as required by law and policy.

Other Notes: The San Bruno Police Department does not presently have a SWAT Sniper among its staff, so there are no San Bruno Police personnel presently authorized to use this Military Equipment.

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Equipment Type: Mobile Command Vehicle - CA Gov’t Code §7070(c)(5) Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years Equipment Capabilities: The Mobile Command Vehicle (MCV) provides mobile, remote access to radio, internet, planning and other resources to assist with management of major incidents and planned operations.

Manufacturer Product Description: Not applicable as this unit is custom built onto an ambulance vehicle platform.

Purpose/Authorized Uses: The MCV can be deployed anytime first responders determine that it would be beneficial to operations being conducted.

Fiscal Impacts: The initial cost of this unit, outfitting, and all peripheral equipment was approximately $350,000, which was funded by a grant from the San Bruno Community Foundation and Google/YouTube. Ongoing costs to maintain the MCV and replace failing equipment is approximately $5,000/year.

Legal/Procedural Rules Governing Use: Not applicable.

Training Required: Not applicable.

Other Notes: The MCV is not a tactical vehicle, meaning that it is not armored in any way and does not include any weapon elements. The MCV is simply an ambulance reconfigured with radios, computers, smart screens and other peripherals to facilitate field command. 94 of 102

Equipment Type: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov’t Code §7070(c)(14)
Quantity Owned/Sought: 16 owned Lifespan: Approximately 15 years Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles.

Manufacturer Product Description: Penn Arms 40MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum and DuPont super tough glass filled nylon.

These launchers are light weight, versatile and used worldwide by police and corrections officers. The 40MM launcher family of products is available in single-shot, spring-advance multi, and pump- advance multi-versions.

Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option.

Fiscal Impacts: The initial cost of this equipment was approximately $26,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

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

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

Other Notes: None.

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Section Two: Qualifying equipment not already listed in this policy, which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the San Bruno Police Department is a participating agency

Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 2 Drones / 4 Robots (Not
owned by SBPD)
Lifespan: Approximately 15 years
Equipment Capabilities: Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.

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 another agency.

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: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles.

Other Notes: None.

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Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov’t Code §7070(c)(2) Quantity Owned/Sought: 1 (Not owned by SBPD) Lifespan: Unknown Equipment Capabilities: Capable of transporting personnel and equipment while providing them with armored protection from gunfire.

Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.

Purpose/Authorized Uses: To move personnel and/or resources in support of tactical operations in which there is reason to expect potential armed resistance requiring protection.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: The MRAP can be deployed any time tactical operators determine that there is a need to move personnel and/or resources into areas in which they have reason to expect potential armed resistance requiring its protection.

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive MRAP vehicles.

Other Notes: None.

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Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov’t Code §7070(c)(3)
Quantity Owned/Sought: 1 (Not owned by SBPD) Lifespan: Unknown.

Equipment Capabilities: Capable of breaching doors, gates, and other points of entry.

Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.

Purpose/Authorized Uses: Breaching doors, gates, and other points of entry.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Breaching vehicles can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive breaching vehicles.

Other Notes: None.

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Equipment Type: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Gov’t Code §7070(c)(7)
Quantity Owned/Sought: 0 (Not owned by SBPD) Lifespan: Unknown.

Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry.

Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.

Purpose/Authorized Uses: Breaching doors, gates, windows, and other points of entry.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use explosive breaching apparatus.

Other Notes: None.

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Equipment Type: AR-15 Style Semiautomatic Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 60 (not owned by SBPD) Lifespan: Approximately 15 years Equipment Capabilities: The AR15 style firearm can fire a .223, .556, .308 or .300 caliber projectile accurately at over 100 yards.

Manufacturer Product Description: The AR15 style firearm features M-LOK attachment technology with the Daniel Defense MFR 15.0 rail. Built around a Cold Hammer Forged, 16 inch barrel, the V7 has a DD improved Flash Suppressor to reduce flash signature. The mid-length gas system provides smooth and reliable cycling under any condition and reduces both perceived recoil and wear on moving parts. With the M-LOK attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has plenty of room for the sights, optics, and accessories the user may require. The independently ambi GRIP-N-RIP Charging Handle accommodates left- and right- handed shooters. This rifle also comes with the ergonomic Daniel Defense Buttstock and Pistol Grip.

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an 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 another agency.

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

Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT Operators must successfully complete a CA POST certified SWAT course as well as regular SWAT training and qualifications as required by law and policy.

Other Notes: None.
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Equipment Type: Flashbang grenades, explosive breaching tools, tear gas and pepper balls - CA Gov’t Code §7070(c)(12)
Quantity Owned/Sought: 20 (Not owned by SBPD) Lifespan: Unknown.

Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemical.

Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.

Purpose/Authorized Uses: breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.

Other Notes: None.

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Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13) Quantity Owned/Sought: 1 (Not owned by SBPD) Lifespan: Unknown.

Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path.

Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.

Purpose/Authorized Uses: Can be used to disperse unlawful crowds (with required notice and compliance times) and/or to disrupt the activities of person(s) who represent an immediate threat to others.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.

Other Notes: None.

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San Bruno City CouncilApril 26, 2022

San Bruno City Council
April 26, 2022