HomeMy WebLinkAboutAgenda Packet - CC - 2022.04.18 Regular SessionCity of Burlingame
BURLINGAME
F,
Meeting Agenda - Final
City Council
Monday, April 18, 2022 7:00 PM
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
On September 16, 2021, Governor Newsom signed into law AB 361 which allows a local agency
to meet remotely when:
The local agency holds a meeting during a declared state of emergency
2. State or local health officials have imposed or recommended measures to promote social
distancing
3. Legislative bodies declare the need to meet remotely due to present imminent risks to the
health or safety of attendees
On March 21, 2022, the City Council adopted Resolution Number 025-2022 stating that the City
Council and Commissions will continue to meet remotely for at least thirty days for the
following reasons:
1. There is still a declared state of emergency
2. The State recommends that individuals in public spaces maintain social distancing and wear
masks
3. The City can't maintain social distancing requirements for the public, staff,
Councilmembers, and Commissioners, in their meeting spaces
Pursuant to Resolution Number 025-2022, the City Council Chambers will not be open to the
public for the April 18, 2022 City Council Meeting.
Members of the public may view the meeting by logging into the Zoom Webinar listed below.
Additionally, the meeting will be streamed live on YouTube and uploaded to the City's website
after the meeting.
Members of the public may provide written comments by email to
publiccomment@burlingame.org.
Emailed comments should include the specific agenda item on which you are commenting.
Note that your comment concerns an item that is not on the agenda. The length of the
comment should be commensurate with the three minutes customarily allowed for verbal
comments, which is approximately 250-300 words. To ensure that your comment is received
and read to the City Council for the appropriate agenda item, please submit your email no later
than 5:00 p.m. on April 18, 2022. The City will make every effort to read emails received after
that time, but cannot guarantee such emails will be read into the record. Any emails received
after the 5:00 p.m. deadline which are not read into the record, will be provided to the City
Council after the meeting.
Online
City of Burlingame Page 1 Printed on 411412022
City Council Meeting Agenda - Final April 18, 2022
1. CALL TO ORDER - 7:00 p.m. - Online
To access the meeting by computer:
Go to www.zoom.us/join
Meeting ID: 878 1114 8819
Passcode:076579
To access the meeting by phone:
Dial 1-669-900-6833
Meeting ID: 878 1114 8819
Passcode:076579
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
4. REPORT OUT FROM CLOSED SESSION
5. UPCOMING EVENTS
6. PRESENTATIONS
7. PUBLIC COMMENTS, NON -AGENDA
Members of the public may speak about any item not on the agenda. Members of the public wishing to
suggest an item for a future Council agenda may do so during this public comment period. The Ralph M.
Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter
that is not on the agenda.
8. APPROVAL OF CONSENT CALENDAR
Consent calendar items are usually approved in a single motion, unless pulled for separate discussion.
Any member of the public wishing to comment on an item listed here may do so by submitting a speaker
slip for that item in advance of the Council's consideration of the consent calendar.
a. Adoption of a Resolution Accepting the Victoria Park Playground Renovation Project No .
84730 in the Amount of $680.520.33
Attachments: Staff Report
Resolution
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City Council Meeting Agenda - Final April 18, 2022
b. Adoption of a Resolution to Continue Conducting City Council and Commission Meetings
Remotely Due to Health and Safety Concerns for the Public
Attachments: Staff Report
Resolution
Governor's Executive Order N-29-20
Governor's Executive Order N-08-21
AB 361
C. Adoption of a Resolution Ordering and Calling for the November 8, 2022 General
Municipal Election to Fill Three City Council Vacancies in Council Districts 1, 3, and 5
Attachments: Staff Report
Resolution
District Map
d. Open Nomination Period to Fill Two Vacancies on the Library Board of Trustees
Attachments: Staff Report
e. Adoption of Resolution Approving a Professional Services Agreement with CSG
Consultants, Inc., for Construction Management and Inspection Services for Private
Development Protects in the Amount of $1,500,000
Attachments: Staff Report
Resolution
Professional Services Agreement
9. PUBLIC HEARINGS (Public Comment)
a. Introduction of an Ordinance Adopting a Military Equipment Use Policy and Adding the
Policy to the Burlingame Police Department Policy Manual: CEQA Determination: Exempt
pursuant to State CEQA Guidelines Sections 15378, 15061(b)(3)
Attachments: Staff Report
Ordinance
Attachment 1: Military Equipment Use Policy
Exhibit A to Policy: List of Military Equipment
10. STAFF REPORTS AND COMMUNICATIONS (Public Comment)
a. Adoption of Resolution Directing Staff to Fly the Pride Flag Throughout the Month of June
at City Hall
Attachments: Staff Report
Resolution
Flagpole Policy
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City Council Meeting Agenda - Final April 18, 2022
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Councilmembers report on committees and activities and make announcements.
12. FUTURE AGENDA ITEMS
13. ACKNOWLEDGMENTS
The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking
Commission, Beautification Commission, Parks & Recreation Commission, and the Library Board of
Trustees are available online at www.burlingame.org.
14. ADJOURNMENT
Notice: Any attendees who require assistance, a disability related modification, or language assistance
in order to participate in the meeting should contact Meaghan Hassel -Shearer, City Clerk, by 10:00
a.m. on Monday, April 18, 2022 at (650) 558-7203 or at mhasselshearer@burlingame.org. Any
individual who wishes to request an alternate format for the agenda, meeting notice, or other writings
that may be distributed at the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00
a.m. on Monday, April 18, 2022 at (650) 558-7203 or at mhasselshearer@burlingame.org.
NEXT CITY COUNCIL MEETING
Regular City Council Meeting Monday, May 2, 2022 at 7:00 p.m.
VIEW REGULAR COUNCIL MEETING ONLINE
www.burlingame.org/video
Any writings or documents provided to a majority of the City Council regarding any item on this agenda
will be made available for public inspection via www.burlingame.org or by emailing City Clerk Meaghan
Hassel -Shearer at mhasselshearer@burlingame.org. If you are unable to obtain information via the
City's website or through email, contact the City Clerk at (650) 558-7203.
City of Burlingame Page 4 Printed on 411412022
BUR— N�An�� AGENDA NO: 8a
1... STAFF REPORT
MEETING DATE: April 18, 2022
To: Honorable Mayor and City Council
Date: April 18, 2022
From: Margaret Glomstad, Parks and Recreation Director — (650) 558-7307
Karen Hager, Senior Management Analyst — (650) 558-7307
Subject: Adoption of a Resolution Accepting the Victoria Park Playground
Renovation Project No. 84730 in the Amount of $680,520.33
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting the Victoria Park
Playground Renovation Project No. 84730 in the amount of $680,520.33.
BACKGROUND
On October 4, 2021, the City Council awarded the procurement contract to Landscape
Structures/Ross Recreation to purchase playground equipment in the amount of $156,016.36. The
City Council also approved the construction contract with Suarez & Munoz Construction, Inc. in the
amount of $438,000 at the same meeting.
In addition, staff purchased site furnishing from the construction contract.
DISCUSSION
The project construction has been satisfactorily completed in compliance with the plans and
specifications. The final construction cost of $452,802 included four change orders for additional
labor and materials to add a concrete retaining curb, install a drywell for the drinking fountain,
remove and replace sod, and make additional modifications for the solar irrigation pole totaling
$14,802. The amount was within the project contingency line item.
FISCAL IMPACT
The following are the estimated final project expenditures.
Landscape Structures/Ross Recreation — Playground Equipment
$156,016.36
Site Amenities/Drinking Fountain/Signs/Benches
$10,376.97
Suarez & Munoz Construction Contract
$452,802.00
Landscape Architect Consultant
$61,325.00
Total
$680,520.33
1
Resolution Accepting the Victoria Park Playground Renovation Project No. 84730 April 18, 2022
Exhibit:
Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
ACCEPTING IMPROVEMENTS FOR THE VICTORIA PARK PLAYGROUND PROJECT BY
SUAREZ AND MUNOZ CONSTRUCTION, INC., CITY PROJECT NO. 84730, IN THE
AMOUNT OF $680,520.33
WHEREAS, on October 4, 2021, the City Council awarded the procurement contract to
Landscape Structures/Ross Recreation to purchase playground equipment in the amount of
$156,016.36; and
WHEREAS, the City Council also approved the construction contract with Suarez &
Munoz Construction, Inc. in the amount of $438,000 at the same meeting; and
WHEREAS, in addition, staff purchased site furnishing from the construction contract;
and
WHEREAS, the project construction has been satisfactorily completed in compliance
with the plans and specifications. The final construction cost of $452,802 included four change
orders for additional labor and materials to add a concrete retaining curb, install a drywell for
the drinking fountain, remove and replace sod, and make additional modifications for the solar
irrigation pole totaling $14,802. The amount was within the project contingency line item
RESOLVED by the CITY COUNCIL of the City of Burlingame, California, which finds,
orders and determines as follows:
1. The Director of Parks and Recreation of the City of Burlingame has certified the work
done by Suarez and Munoz Construction, Inc. under the terms of their contract with the City
dated October 4, 2021, has been completed in accordance with the plans and specifications
approved by the City Council and to the satisfaction of the Director of Parks and Recreation.
2. Said work is particularly described as City Project No. 84730
3. Said work is accepted.
Ricardo Ortiz, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that
the foregoing Resolution was introduced at a regular meeting of the City Council held on the
18t" day of April, 2022, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Meaghan Hassel -
Shearer, City Clerk
BURL- INGAME AGENDA NO: 8b
STAFF REPORT
MEETING DATE: April 18, 2022
To: Honorable Mayor and City Council
Date: April 18, 2022
From: Meaghan Hassel -Shearer, City Clerk — (650) 558-7203
Subject: Adoption of a Resolution to Continue Conducting City Council and
Commission Meetings Remotely Due to Health and Safety Concerns for the
Public
RECOMMENDATION
Staff recommends that the City Council adopt a resolution to continue conducting the City's
Council and Commission meetings remotely due to health and safety concerns for the public.
BACKGROUND
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional
resources available, formalize emergency actions already underway across multiple state
agencies and departments, and help the State prepare for a broader spread of COVID 19.
Thereafter, on March 16, 2020, the City Council adopted Resolution Number 033-2020 declaring
a local emergency due to COVID-19. The resolution states that the COVID-19 pandemic is "likely
to be beyond the control of the services, personnel and facilities of the City of Burlingame" and
that a "proclamation of a Local Emergency is necessary to enable the City of Burlingame and
other local government entities to adequately plan, prepare and preposition resources to be able
to effectively respond to the threat".
On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued
Executive Order N-29-20, which suspended certain provisions of the Ralph M. Brown Act in order
to allow local legislative bodies to conduct meetings telephonically or by other means.
Additionally, the State implemented a shelter -in -place order, requiring all non -essential personnel
to work from home.
Staff quickly worked to set up Zoom meetings for all City Council and Commission meetings. The
Zoom meetings have allowed the Council and Commissions to continue to conduct City business
from the safety of members' homes. The City Council and Commissions have been utilizing
Zoom for the past 18 months to conduct all meetings. The usage of Zoom for public meetings
has allowed the City to ensure the public's continued access to government meetings while also
ensuring the public's safety.
1
Application of AB 361 April 18, 2022
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other
things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021 for
agencies to transition back to public meetings held in full compliance with the Brown Act. In
preparation for the return to in -person meetings, staff has been working on acquiring audio and
visual upgrades for the Council Chambers in order to conduct hybrid meetings. Although hybrid
meetings will help to keep the public safe by allowing them to continue accessing the meetings
from their own home, Councilmembers, Commissioners, and staff will need to meet in person.
Since the Governor issued Executive Order N-08-21, the Delta variant emerged, causing a spike
in cases throughout the state. As a result, the San Mateo County Health Department issued a
Health Order requiring masks indoors in public places, regardless of vaccination status, starting
August 3, 2021.
On September 16, 2021, Governor Newsom signed into law AB 361. AB 361 allows local
legislative bodies to meet remotely when:
• The local agency holds a meeting during a proclaimed state of emergency;
• State or local health officials have imposed or recommended measures to promote social
distancing;
• Legislative bodies declare that as a result of the proclaimed state of emergency that
meeting in person would present imminent risks to the health or safety of attendees
A "proclaimed state of emergency" refers to a gubernatorial state of emergency issued pursuant
to the California Emergency Services Act, Government Code section 8625. On March 4, 2020,
the Governor proclaimed a state of emergency pursuant to the California Emergency Services
Act, and the proclamation remains in effect.
At the September 20, 2021 Council meeting, staff requested that Council declare the need for the
City Council and Commissions to continue to meet remotely in accordance with AB 361. Council
adopted Resolution Number 116-2021, which allowed for the City's legislative bodies to continue
to meet remotely for 30 days.
Additionally, staff notified Council that in order to stay in compliance with AB 361, they would
need to re-evaluate the need to meet remotely every 30 days and make findings that:
A) the Council has reconsidered the circumstances of the state of emergency; and
B) any of the following circumstances exist:
a. The state of emergency continues to directly impact the ability of the members
to meet safely in person; or
b. State or local officials continue to impose recommended measures to promote
social distancing
On October 18, 2021, Council re-evaluated the need to meet remotely and found that the City
continued to meet the requirements of AB 361 in order to hold remote meetings. Therefore, the
Council adopted Resolution Number 128-2021, which allowed for the continuation of remote
meetings for 30 days.
2
Application of AB 361
April 18, 2022
On November 15, 2021, the Council found that the City continued to meet the requirements of AB
361 and adopted Resolution Number 142-2021 to allow for another 30 days of remote meetings.
The Council re -affirmed this need on December 20, 2021 with Resolution Number 153-2021 and
on January 18, 2022 with Resolution Number 007-2022.
In February 2022, the County and State announced that effective February 16, 2022, individuals
who are fully vaccinated will not be required to wear masks in most indoor public settings.
On February 22, 2022, the Council re-evaluated the need to meet remotely and found that the
City continued to meet the requirements of AB 361. Accordingly, the Council adopted Resolution
Number 012-2022.
On March 1, 2022, the State lifted the indoor mask mandate for unvaccinated adults. However,
the State continues to strongly encourage individuals who are unvaccinated to continue to wear
masks. Moreover, the State noted that masks are an effective tool to minimize the spread of the
virus and future variants.
On March 21, 2022, the Council re-evaluated the need to meet remotely and found that the City
continued to meet the requirements of AB 361. Accordingly, the Council adopted Resolution
Number 025-2022.
nmri iSSInN
The City continues to meet the requirements of AB 361 in order to hold remote meetings. This is
because:
• The Governor's proclamation for a state of emergency issued on March 4, 2020, remains
in effect
• The State continues to recommend that unvaccinated members of the public wear masks
• The City cannot maintain social distancing requirements for the public, staff,
Councilmembers, and Commissioners in their meeting spaces
The City cannot ensure social distancing requirements are met inside Council Chambers where
the City Council, Traffic, Safety & Parking Commission, and Planning Commission meet.
Councilmembers and Commissioners sit well within six feet of each other and are directly above
staff members. Similarly, the Beautification Commission, Parks & Recreation Commission, and
Library Board of Trustees all hold their meetings in a small conference room, making it impossible
for Commissioners, staff, and members of the public to socially distance from each other.
In order to ensure that everyone has equal access to speak and attend City Council and
Commission meetings, staff recommends continuing to meet remotely for another 30 days.
Additionally, if the Governor lifts the State of Emergency, the City Council will need to return to in
person meetings.
FISCAL IMPACT
There is no fiscal impact.
3
Application of AB 361
April 18, 2022
Exhibits:
• Resolution
• Governor's Executive Order N-29-20
• Governor's Executive Order N-08-21
• AB 361
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
DECLARING THE NEED FOR THE CITY COUNCIL AND COMMISSIONS TO
CONTINUE TO MEET REMOTELY IN ORDER TO ENSURE THE HEALTH AND
SAFETY OF THE PUBLIC
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency to
make additional resources available, formalize emergency actions already underway across
multiple state agencies and departments, and help the State prepare for a broader spread of
COVID-19, and the proclamation remains in effect; and
WHEREAS, on March 16, 2020, the City Council adopted Resolution Number 033-2020
declaring a local emergency due to COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor
Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown
Act in order to allow local legislative bodies to conduct meetings telephonically or by other means;
and
WHEREAS, as a result of Executive Order N-29-20, staff set up Zoom meetings for all
City Council and Commission meetings; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which
placed an end date of September 30, 2021, for agencies to meet remotely; and
WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged,
causing a spike in COVID-19 cases throughout the state; and
WHEREAS, on August 3, 2021, in response to the Delta variant, the San Mateo County
Health Department ordered all individuals to wear masks when inside public spaces and maintain
social distancing; and
WHEREAS, on September 16, 2021 Governor Newsom signed into law AB 361, which
allows for local legislative bodies to meet remotely due to health and safety concerns for the
public; and
WHEREAS, on September 20, 2021, the City Council adopted Resolution Number 116-
2021 acknowledging the need to continue to meet remotely, and
WHEREAS, on October 18, 2021, the City Council after re-evaluating the situation Council
adopted Resolution Number 128-2021 acknowledging the need to continue to meet remotely, and
WHEREAS, on November 15, 2021, the City Council reviewed the situation, and adopted
Resolution Number 142-2021 acknowledging the continued need to meet remotely, and
WHEREAS, on December 20, 2021, the City Council reviewed the situation, and adopted
Resolution Number 153-2021 acknowledging the continued need to meet remotely, and
WHEREAS, on January 18, 2022, the City Council reviewed the situation, and adopted
Resolution Number 007-2022 acknowledging the continued need to meet remotely, and
WHEREAS, on February 22, 2022, the City Council reviewed the situation, and adopted
Resolution Number 012-2022 acknowledging the continued need to meet remotely, and
WHEREAS, on March 21, 2022, the City Council reviewed the situation, and adopted
Resolution Number 025-2022 acknowledging the continued need to meet remotely, and
WHEREAS, in adherence with AB 361, the City Council must re-evaluate the need to meet
remotely every 30 days; and
WHEREAS, the City cannot maintain social distancing requirements for the public, staff,
Councilmembers, and Commissioners in their respective meeting locations; and
WHEREAS, the City is concerned about the health and safety of all individuals who intend
to attend Council and Commission meetings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
RESOLVES AS FOLLOWS:
1. In compliance with AB 361, and in order to continue to teleconference without the usual
teleconference requirements of the Brown Act, the City Council makes the following
findings:
a. The City Council has reconsidered the circumstances of the Governor's
proclaimed state of emergency; and
b. The state of emergency remains in effect and continues to directly impact the
ability of the City Council and its Commissions, as well as staff and members of
the public, to meet safely in person; and
c. The State continues to strongly recommend that unvaccinated members of the
public wear masks; however, the City cannot maintain social distancing
requirements for unvaccinated members of the public.
2. City Council and Commission meetings will continue to be conducted remotely for the next
30 days in compliance with AB 361, in order to better ensure the health and safety of the
public.
3. The City Council and Commissions will continue to meet remotely as long as the
Governor's State of Emergency remains in place.
4. The City Council will revisit the need to conduct meetings remotely within 30 days of the
adoption of this resolution.
Ricardo Ortiz, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 18th day
of April, 2022, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Meaghan Hassel -Shearer, City Clerk
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-29-20
WHEREAS on March 4, 2020, 1 proclaimed a State of Emergency to exist in
California as a result of the threat of COVID-19, and
WHEREAS despite sustained efforts, the virus continues to spread and is
impacting nearly all sectors of California; and
WHEREAS the threat of COVID-19 has resulted in serious and ongoing
economic harms, in particular to some of the most vulnerable Californians; and
WHEREAS time bound eligibility redeterminations are required for Medi-
Cal, CalFresh, CalWORKs, Cash Assistance Program for Immigrants, California
Food Assistance Program, and In Home Supportive Services beneficiaries to
continue their benefits, in accordance with processes established by the
Department of Social Services, the Department of Health Care Services, and the
Federal Government; and
WHEREAS social distancing recommendations or Orders as well as a
statewide imperative for critical employees to focus on health needs may
prevent Medi-Cal, CalFresh, CaIWORKs, Cash Assistance Program for
Immigrants, California Food Assistance Program, and In Home Supportive
Services beneficiaries from obtaining in -person eligibility redeterminations; and
WHEREAS under the provisions of Government Code section 8571, 1 find
that strict compliance with various statutes and regulations specified in this order
would prevent, hinder, or delay appropriate actions to prevent and mitigate the
effects of the COVID-19 pandemic.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567 and 8571, do hereby issue the following order to become effective
immediately:
IT IS HEREBY ORDERED THAT:
As to individuals currently eligible for benefits under Medi-Cal, CalFresh,
CalWORKS, the Cash Assistance Program for Immigrants, the California
Food Assistance Program, or In Home Supportive Services benefits, and
to the extent necessary to allow such individuals to maintain eligibility
for such benefits, any state law, including but not limited to California
Code of Regulations, Title 22, section 50189(a) and Welfare and
Institutions Code sections 18940 and 11265, that would require
redetermination of such benefits is suspended for a period of 90 days
from the date of this Order. This Order shall be construed to be
consistent with applicable federal laws, including but not limited to
Code of Federal Regulations, Title 42, section 435.912, subdivision (e),
as interpreted by the Centers for Medicare and Medicaid Services (in
guidance issued on January 30, 2018) to permit the extension of
otherwise -applicable Medicaid time limits in emergency situations.
2. Through June 17, 2020, any month or partial month in which California
Work Opportunity and Responsibility to Kids (Co[WORKs) aid or services
are received pursuant to Welfare and institutions Code Section 11200
et seq. shall not be counted for purposes of the 48-month time limit set
forth in Welfare an Institutions Code Section 11454. Any waiver of this
time limit shall not be applied if it will exceed the federal time limits set
forth in Code of Federal Regulations, Title 45, section 264.1.
Paragraph 11 of Executive Order N-25-20 (March 12, 2020) is withdrawn
and superseded by the following text:
Notwithstanding any other provision of state or local law (including, but
not limited to, the Bagley -Keene Act or the Brown Act), and subject to
the notice and accessibility requirements set forth below, a local
legislative body or state body is authorized to hold public meetings via
teleconferencing and to make public meetings accessible
telephonically or otherwise electronically to all members of the public
seeking to observe and to address the local legislative body or state
body. All requirements in both the Bagley -Keene Act and the Brown
Act expressly or impliedly requiring the physical presence of members,
the clerk or other personnel of the body, or of the public as a condition
of participation in or quorum for a public meeting are hereby waived.
In particular, any otherwise -applicable requirements that
(i) state and local bodies notice each teleconference location
from which a member will be participating in a public
meeting;
(ii) each teleconference location be accessible to the public;
(iii) members of the public may address the body at each
teleconference conference location;
(iv) state and local bodies post agendas at all teleconference
locations;
(v) at least one member of the state body be physically present
at the location specified in the notice of the meeting; and
(vi) during teleconference meetings, a least a quorum of the
members of the local body participate from locations within
the boundaries of the territory over which the local body
exercises jurisdiction
are hereby suspended.
A local legislative body or state body that holds a meeting via
teleconferencing and allows members of the public to observe and
address the meeting telephonically or otherwise electronically,
consistent with the notice and accessibility requirements set forth
below, shall have satisfied any requirement that the body allow
members of the public to attend the meeting and offer public
comment. Such a body need not make available any physical
location from which members of the public may observe the meeting
and offer public comment.
Accessibility Requirements: If a local legislative body or state body
holds a meeting via teleconferencing and allows members of the
public to observe and address the meeting telephonically or otherwise
electronically, the body shall also:
(i) implement a procedure for receiving and swiftly resolving
requests for reasonable modification or accommodation
from individuals with disabilities, consistent with the Americans
with Disabilities Act and resolving any doubt whatsoever in
favor of accessibility; and
(ii) Advertise that procedure each time notice is given of the
means by which members of the public may observe the
meeting and offer public comment, pursuant to
subparagraph (ii) of the Notice Requirements below.
Notice Requirements: Except to the extent this Order expressly provides
otherwise, each local legislative body and state body shall:
(i) Give advance notice of the time of, and post the agenda
for, each public meeting according to the timeframes
otherwise prescribed by the Bagley -Keene Act or the Brown
Act, and using the means otherwise prescribed by the
Bagley -Keene Act or the Brown Act, as applicable; and
(ii) In each instance in which notice of the time of the meeting is
otherwise given or the agenda for the meeting is otherwise
posted, also give notice of the means by which members of
the public may observe the meeting and offer public
comment. As to any instance in which there is a change in
such means of public observation and comment, or any
instance prior to the issuance of this Order in which the time
of the meeting has been noticed or the agenda for the
meeting has been posted without also including notice of
such means, a body may satisfy this requirement by
advertising such means using "the most rapid means of
communication available at the time" within the meaning of
Government Code, section 54954, subdivision (e); this shall
include, but need not be limited to, posting such means on
the body's Internet website.
All of the foregoing provisions concerning the conduct of public
meetings shall apply only during the period in which state or local
public health officials have imposed or recommended social
distancing measures.
All state and local bodies are urged to use sound discretion and
to make reasonable efforts to adhere as closely as reasonably possible
to the provisions of the Bagley -Keene Act and the Brown Act, and
other applicable local laws regulating the conduct of public
meetings, in order to maximize transparency and provide the public
access to their meetings.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 17th day
ATTEST:
ALEX PADILLA
Secretary of State
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-08-21
WHEREAS on March 4, 2020, 1 proclaimed a State of Emergency to exist in
California as a result of the threat of COVID-19; and
WHEREAS since March 2020, the State has taken decisive and meaningful
actions to reduce the spread, and mitigate the impacts, of COVID-19, saving an
untold number of lives; and
WHEREAS as a result of the effective actions Californians have taken, as
well as the successful and ongoing distribution of COVID-19 vaccines, California
is turning a corner in its fight against COVID-19; and
WHEREAS on June 11, 2021, 1 issued Executive Order N-07-21, which
formally rescinded the Stay -at -Home Order (Executive Order N-33-20, issued on
March 19, 2020), as well as the framework for a gradual, risk -based reopening of
the economy (Executive Order N-60-20, issued on May 4, 2020); and
WHEREAS in light of the current state of the COVID-19 pandemic in
California, it is appropriate to roll back certain provisions of my COVID- 1 9-related
Executive Orders; and
WHEREAS certain provisions of my COVID-19 related Executive Orders
currently remain necessary to continue to help California respond to, recover
from, and mitigate the impacts of the COVID-19 pandemic, including
California's ongoing vaccination programs, and the termination of certain
provisions of my COVID-19 related Executive Orders during this stage of the
emergency would compound the effects of the emergency and impede the
State's recovery by disrupting important governmental and social functions; and
WHEREAS under the provisions of Government Code section 8571, 1 find
that strict compliance with various statutes and regulations specified in this
Order would continue to prevent, hinder, or delay appropriate actions to
prevent and mitigate the effects of the COVID-19 pandemic.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567, 8571, and 8627, do hereby issue the following Order to become effective
immediately:
IT IS HEREBY ORDERED THAT:
The following provisions shall remain in place and shall have full force and
effect through June 30, 2021, upon which time they will expire subject to
individual conditions described in the enumerated paragraphs below.
1) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 10. Any facility operating under a waiver pursuant to this
provision, memorialized in an All Facilities Letter, may operate
pursuant to such a waiver through the stated expiration in the All
Facilities Letter or September 30, 2021, whichever occurs first;
b. Paragraph 1 1;
c. Paragraph 12; and
d. Paragraph 13.
2) Executive Order N-25-20:
a. Paragraph 1; and
b. Paragraph 7, and as applicable to local governments per Executive
Order N-35-20, Paragraph 3. Effective July 1, 2021, the waivers in
Executive Order N-25-20, Paragraph 7, and Executive Order N-35-20,
Paragraph 3, of reinstatement requirements set forth in Government
Code sections 7522.56(f) and (g) are terminated.
3) Executive Order N-26-20:
a. Paragraph 1;
b. Paragraph 2;
c. Paragraph 3;
d. Paragraph 5;
e. Paragraph 6; and
f. Paragraph 7.
4) Executive Order N-27-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
5) Executive Order N-28-20:
a. Paragraph 3; and
b. Paragraph 6.
6) Executive Order N-31-20:
a. Paragraph 1; and
b. Paragraph 2.
7) Executive Order N-35-20:
a. Paragraph 1. Any facility operating under a waiver pursuant to this
provision, memorialized in an All Facilities Letter, may operate
pursuant to such a waiver through the stated expiration in the All
Facilities Letter or September 30, 2021, whichever occurs first;
b. Paragraph 4;
c. Paragraph 6. To the extent the Director exercised their authority
pursuant to this provision on or before June 30, 2021, the extension
shall remain valid until the effective expiration;
-IC-5—
d. Paragraph 10. The State Bar shall receive the time extension in the
aforementioned order for any nomination submitted to the State
Bar by the Governor on or before June 30, 2021; and
e. Paragraph 11 (as extended and clarified by N-71-20, Paragraph 6).
Claims accruing before June 30, 2021 will remain subject to the 120-
day extension granted in the aforementioned orders.
8) Executive Order N-36-20, Paragraph 1. To the extent the Secretary
exercised their authority pursuant to this provision, the Secretary shall allow
each facility to resume intake in a manner that clears intake backlog as
soon as feasible.
9) Executive Order N-39-20:
a. Paragraph 1. Any facility operating under a waiver pursuant to this
provision, memorialized in an All Facilities Letter, may operate
pursuant to such a waiver through the stated expiration in the All
Facilities Letter or September 30, 2021, whichever occurs first;
b. Paragraph 4; and
c. Paragraph 7. The leases or agreements executed pursuant to this
provision shall remain valid in accordance with the term of the
agreement.
10) Executive Order N-40-20:
a. Paragraph 1. For rulemakings published in the California Regulatory
Notice Register pursuant to Government Code section 11346.4(a)(5)
prior to June 30, 2021, the deadlines in the aforementioned order
shall remain extended in accordance with the order;
b. Paragraph 2 (as extended and clarified by N-66-20, Paragraph 12,
and N-71-20, Paragraph 10). Notwithstanding the expiration of this
provision, state employees subject to these training requirements
shall receive the benefit of the 120-day extension granted by the
aforementioned orders. All required training due on or before June
30, 2021 must be completed within 120 days of the statutorily
prescribed due date;
c. Paragraph 7 (as extended and clarified by N-66-20, Paragraph 13
and N-71-20, Paragraph 11). With regard to appeals received on or
before June 30, 2021, the State Personnel Board shall be entitled to
the extension in the aforementioned order to render its decision;
d. Paragraph 8. To the extent the deadlines specified in Government
Code section 22844 and California Code of Regulations, title 2,
sections 599.517 and 599.518 fell on a date on or before June 30,
2021 absent the extension, they shall expire pursuant to the
timeframes specified in the aforementioned orders;
e. Paragraph 16;
f. Paragraph 17; and
g. Paragraph 20.
1 1) Executive Order N-45-20:
a. Paragraph 4;
b. Paragraph 8;
c. Paragraph 9; and
d. Paragraph 12. For vacancies occurring prior to June 30, 2021, the
deadline to fill the vacancy shall remain extended for the time
period in the aforementioned order.
12) Executive Order N-46-20:
a. Paragraph 1; and
b. Paragraph 2.
13) Executive Order N-47-20:
a. Paragraph 2; and
b. Paragraph 3.
14) Executive Order N-48-20, Paragraph 2 (which clarified the scope of N-34-
20) .
15) Executive Order N-49-20:
a. Paragraph 1;
b. Paragraph 3. For determinations made on or before June 30, 2021,
the discharge date shall be within 14 days of the Board's
determination; and
c. Paragraph 4.
16) Executive Order N-50-20, Paragraph 2.
17) Executive Order N-52-20:
a. Paragraph 6;
b. Paragraph 7. To the extent an individual has commenced a training
program prior to June 30, 2021, that was interrupted by COVID-19,
that individual shall be entitled to the extended timeframe in the
aforementioned order; and
c. Paragraph 14; and
d. Paragraph 16.
18) Executive Order N-53-20:
a. Paragraph 3;
b. Paragraph 12 (as extended or modified by N-69-20, Paragraph 10,
and N-71-20, Paragraph 27); and
c. Paragraph 13 (as extended or modified by N-69-20, Paragraph 11,
and N-71-20, Paragraph 28).
19) Executive Order N-54-20, Paragraph 7. To the extent the date governing
the expiration of registration of vehicles previously registered in a foreign
jurisdiction falls on or before June 30, 2021, the deadline is extended
pursuant to the aforementioned orders.
20) Executive Order N-55-20:
a. Paragraph 1. Statutory deadlines related to cost reports, change in
scope of service requests, and reconciliation requests occurring on
or before June 30, 2021 shall remain subject to the extended
deadline in the aforementioned order;
b. Paragraph 4;
c. Paragraph 5;
d. Paragraph 6;
e. Paragraph 8;
f. Paragraph 9;
g. Paragraph 10;
h. Paragraph 13;
i. Paragraph 14. Statutory deadlines related to beneficiary risk
assessments occurring on or before June 30, 2021 shall remain
subject to the extended deadline in the aforementioned order; and
Paragraph 16. Deadlines for fee -for -service providers to submit
information required for a Medical Exemption Request extended on
or before June 30, 2021 shall remain subject to the extended
deadline granted under the aforementioned order.
21) Executive Order N-56-20:
a. Paragraph 1;
b. Paragraph 6;
c. Paragraph 7;
d. Paragraph 8;
e. Paragraph 9; and
f. Paragraph 11.
22) Executive Order N-59-20, Paragraph 6.
23) Executive Order N-61-20:
a. Paragraph 1;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 4.
24) Executive Order N-63-20:
a. Paragraph 8(a) (as extended by N-71-20, Paragraph 40). The
deadlines related to reports by the Division of Occupational Safety
and Health (Cal/OSHA) and the Occupational Safety & Health
Standards Board on proposed standards or variances due on or
before June 30, 2021 shall remain subject to the extended
timeframe;
b. Paragraph 8(c). To the extent the date upon which the
Administrative Director must act upon Medical Provider Network
applications or requests for modifications or reapprovals falls on or
before June 30, 2021 absent the extension in the aforementioned
order, it shall remain subject to the extended timeframe;
c. Paragraph 8(e). To the extent filing deadlines for a Return -to -Work
Supplement appeal and any reply or responsive papers fall on or
before June 30, 2021, absent the extension in the aforementioned
order, they shall remain subject to the extended timeframe;
d. Paragraph 9(a) (as extended and modified by N-71-20, Paragraph
39). Any deadline setting the time for the Labor Commissioner to
issue any citation under the Labor Code, including a civil wage and
penalty assessment pursuant to Labor Code section 1741, that,
absent the aforementioned order, would have occurred or would
occur between May 7, 2020 and September 29, 2021 shall be
extended to September 30, 2021. Any such deadline that, absent
the aforementioned order, would occur after September 29, 2021
shall be effective based on the timeframe in existence before the
aforementioned order;
e. Paragraph 9(b) (as extended and modified by N-71-20, Paragraph
41);
f. Paragraph 9(c) (as extended and modified by N-71-20, Paragraph
39). Any deadline setting the time for a worker to file complaints
and initiate proceedings with the Labor Commissioner pursuant to
Labor Code sections 98, 98.7, 1700.44, and 2673.1, that, absent the
aforementioned order, would have occurred or would occur
between May 7, 2020 and September 29, 2021 shall be extended to
September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 shall
be effective based on the timeframe in existence before the
aforementioned order;
g. Paragraph 9(d) (as extended and modified by N-71-20, Paragraph
39). Any deadline setting the time for Cal/OSHA to issue citations
pursuant to Labor Code section 6317, that, absent the
aforementioned order, would have occurred or would occur
between May 7, 2020 and September 29, 2021 shall be extended to
September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 shall
be effective based on the timeframe in existence before the
aforementioned order;
h. Paragraph 9(e) (as extended and modified by N-71-20, Paragraph
41);
i. Paragraph 10;
j. Paragraph 12. Any peace officer reemployed on or before June 30,
2021 pursuant to the aforementioned order shall be entitled to the
extended reemployment period set forth in the order;
k. Paragraph 13;
I. Paragraph 14; and
m. Paragraph 15 (as extended by N-71-20, Paragraph 36).
25) Executive Order N-65-20:
a. Paragraph 5 (as extended by N-71-20, Paragraph 35; N-80-20,
Paragraph 4; and N-01-21). Identification cards issued under Health
and Safety Code section 11362.71 that would otherwise have
expired absent the aforementioned extension between March 4,
2020 and June 30, 2021 shall expire on December 31, 2021; and
b. Paragraph 7.
26) Executive Order N-66-20:
a. Paragraph 3;
b. Paragraph 4; and
c. Paragraph 5.
27) Executive Order N-68-20:
a. Paragraph 1. Notwithstanding the expiration of the aforementioned
order, temporary licenses granted on or before June 30, 2021 shall
be valid through September 30, 2021; and
b. Paragraph 2. Renewal fee payments otherwise due to the to the
California Department of Public Health absent the extension in the
aforementioned order on or before June 30, 2021, shall be entitled
to the extensions of time set forth in the aforementioned order.
28) Executive Order N-71-20:
a. Paragraph 1;
b. Paragraph 4;
c. Paragraph 16. Where the statutory deadline for opening or
completing investigations is set to occur on or before June 30, 2021,
the deadline shall remain subject to the extension in the
aforementioned order; and
d. Paragraph 17. Where the statutory deadline for serving a notice of
adverse action is due on or before June 30, 2021, the deadline shall
remain subject to the extension in the aforementioned order.
29) Executive Order N-75-20:
a. Paragraph 7. Children placed in foster care on or before June 30,
2021 shall receive such examinations on or before July 31, 2021;
b. Paragraph 8;
c. Paragraph 9;
d. Paragraph 10. Any facility operating under a waiver pursuant to this
provision may operate pursuant to such a waiver through the
expiration as set forth by the California Department of Public Health,
or September 30, 2021, whichever occurs first; and
e. Paragraph 13.
30) Executive Order N-76-20, Paragraph 3.
31) Executive Order N-77-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
32) Executive Order N-78-20 (as extended and modified by N-03-21):
a. Paragraph 1; and
b. Paragraph 2.
33) Executive Order N-83-20:
a. Paragraph 3. To the extent the Director of the Department of
Alcoholic Beverage Control suspends deadlines for renewing
licenses upon payment of annual fees on or before June 30, 2021,
the extension shall remain valid until the effective expiration;
b. Paragraph 5 (which repealed and replaced N-71-20, Paragraph 19,
which extended N-52-20, Paragraph 1, and N-69-20, Paragraph 3);
c. Paragraph 6 (which repealed and replaced N-71-20, Paragraph 20,
which extended N-52-20, Paragraph 2, and N-69-20, Paragraph 4);
and
d. Paragraph 7 (which repealed and replaced N-71-20, Paragraph 21,
which extended N-52-20, Paragraph 3, and N-69-20, Paragraph 5).
34) Executive Order N-84-20:
a. Paragraph 1;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 5.
The following provisions shall remain in place and shall have full force and
effect through July 31, 2021, upon which time they will expire subject to
individual conditions described in the enumerated paragraphs below.
35) Executive Order N-39-20, Paragraph 8 (as extended by N-69-20,
Paragraph 2 and N-71-20, Paragraph 8).
36) Executive Order N-53-20, Paragraph 1 1 (as extended or modified by N-68-
20, Paragraph 15, and N-71-20, Paragraph 26).
37) Executive Order N-71-20, Paragraph 25.
38) Executive Order N-75-20:
a. Paragraph 5; and
b. Paragraph 6
The following provisions shall remain in place and shall have full force and
effect through September 30, 2021, upon which time they will expire subject to
individual conditions described in the enumerated paragraphs below.
39) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 3; and
b. Paragraph 14. Any facility operating under a waiver pursuant to this
provision may operate pursuant to such a waiver through the
expiration as set forth by the Department of Social Services, or
September 30, 2021, whichever occurs first.
40) Executive Order N-25-20:
a. Paragraph 2;
b. Paragraph 3; and
c. Paragraph 4.
41) Executive Order N-28-20:
a. Paragraph 4; and
b. Paragraph 5.
42) Executive Order N-29-20, Paragraph 3, is withdrawn and replaced by the
following text:
Notwithstanding any other provision of state or local law (including, but
not limited to, the Bagley -Keene Act or the Brown Act), and subject to
the notice and accessibility requirements set forth below, a local
legislative body or state body is authorized to hold public meetings via
teleconferencing and to make public meetings accessible
telephonically or otherwise electronically to all members of the public
seeking to observe and to address the local legislative body or state
body. All requirements in both the Bagley -Keene Act and the Brown
Act expressly or impliedly requiring the physical presence of members,
the clerk or other personnel of the body, or of the public as a condition
of participation in or quorum for a public meeting are hereby waived.
In particular, any otherwise -applicable requirements that
(i) state and local bodies notice each teleconference location
from which a member will be participating in a public
meeting;
(ii) each teleconference location be accessible to the public;
(iii) members of the public may address the body at each
teleconference conference location;
(iv) state and local bodies post agendas at all teleconference
locations;
(v) at least one member of the state body be physically present
at the location specified in the notice of the meeting; and
(vi) during teleconference meetings, a least a quorum of the
members of the local body participate from locations within
the boundaries of the territory over which the local body
exercises jurisdiction
are hereby suspended.
A local legislative body or state body that holds a meeting via
teleconferencing and allows members of the public to observe and
address the meeting telephonically or otherwise electronically,
consistent with the notice and accessibility requirements set forth
below, shall have satisfied any requirement that the body allow
members of the public to attend the meeting and offer public
comment. Such a body need not make available any physical
location from which members of the public may observe the meeting
and offer public comment.
Accessibility Requirements: If a local legislative body or state body
holds a meeting via teleconferencing and allows members of the
public to observe and address the meeting telephonically or otherwise
electronically, the body shall also:
(i) Implement a procedure for receiving and swiftly resolving
requests for reasonable modification or accommodation
from individuals with disabilities, consistent with the Americans
with Disabilities Act and resolving any doubt whatsoever in
favor of accessibility; and
(ii) Advertise that procedure each time notice is given of the
means by which members of the public may observe the
meeting and offer public comment, pursuant to
subparagraph (ii) of the Notice Requirements below.
Notice Requirements: Except to the extent this Order expressly provides
otherwise, each local legislative body and state body shall:
(i) Give advance notice of the time of, and post the agenda
for, each public meeting according to the timeframes
otherwise prescribed by the Bagley -Keene Act or the Brown
Act, and using the means otherwise prescribed by the
Bagley -Keene Act or the Brown Act, as applicable; and
(ii) In each instance in which notice of the time of the meeting is
otherwise given or the agenda for the meeting is otherwise
posted, also give notice of the means by which members of
the public may observe the meeting and offer public
comment. As to any instance in which there is a change in
such means of public observation and comment, or any
instance prior to the issuance of this Order in which the time
of the meeting has been noticed or the agenda for the
meeting has been posted without also including notice of
such means, a body may satisfy this requirement by
advertising such means using "the most rapid means of
communication available at the time" within the meaning of
Government Code, section 54954, subdivision (e); this shall
include, but need not be limited to, posting such means on
the body's Internet website.
All of the foregoing provisions concerning the conduct of public
meetings shall apply through September 30, 2021.
43) Executive Order N-32-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
44) Executive Order N-35-20:
a. Paragraph 2; and
b. Paragraph 12.
45) Executive Order N-39-20:
a. Paragraph 2;
b. Paragraph 3; and
c. Paragraph 6.
�c -
46) Executive Order N-40-20:
a. Paragraph 12 (as extended or modified by N-66-20, paragraph 16,
N-71-20, paragraph 14, and N-75-20, Paragraph 12). To the extent
the Director exercised their authority pursuant to this provision on or
before September 30, 2021, the extension shall remain valid until the
effective expiration of the applicable waiver; and
b. Paragraph 18.
47) Executive Order N-42-20.
48) Executive Order N-43-20.
49) Executive Order N-49-20, Paragraph 2.
50) Executive Order N-54-20:
a. Paragraph 8 (as extended by N-80-20, Paragraph 6); and
b. Paragraph 9. To the extent any timeframe within which a California
Native American tribe must request consultation and the lead
agency must begin the consultation process relating to an
Environmental Impact Report, Negative Declaration, or Mitigated
Negative Declaration under the California Environmental Quality
Act extends beyond September 30, 2021, the tribe and lead
agency will receive the benefit of the extension so long as the
triggering event occurred on or before September 30, 2021.
51) Executive Order N-55-20:
a. Paragraph 2;
b. Paragraph 3;
c. Paragraph 7. All on -site licensing visits which would have been due
on or before September 30, 2021 shall occur before December 31,
2021;
d. Paragraph 1 1; and
e. Paragraph 12.
52) Executive Order N-56-20, Paragraph 10 is withdrawn and superseded by
the following text:
Paragraph 42 of this Order, including the conditions specified therein, shall
apply to meetings held pursuant to Article 3 of Chapter 2 of Part 21 of
Division 3 of Title 2 of the Education Code and Education Code section
47604.1(b) .
53) Executive Order N-58-20 (as extended by N-71-20, Paragraph 29).
54) Executive Order N-59-20:
a. Paragraph 1. The sworn statement or verbal attestation of
pregnancy must be submitted on or before September 30, 2021
and medical verification of pregnancy must be submitted within 30
working days following submittal of the sworn statement or verbal
attestation for benefits to continue;
b. Paragraph 2 (as extended and modified by N-69-20, Paragraph 14,
and N-71-20, Paragraph 31);
c. Paragraph 3 (as extended and modified by N-69-20, Paragraph 15,
and N-71-20, Paragraph 32); and
d. Paragraph 4 (as extended and modified by N-69-20, Paragraph 16,
and N-71-20, Paragraph 33).
55) Executive Order N-63-20:
a. Paragraph 8(b). To the extent filing deadlines for claims and liens fall
on or before September 30, 2021, absent the extension in the
aforementioned order, they shall remain subject to the extended
timeframe; and
b. Paragraph 11.
56) Executive Order N-66-20, Paragraph 6.
57) Executive Order N-71-20:
a. Paragraph 15;
b. Paragraph 22; and
c. Paragraph 23.
58) Executive Order N-75-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 4.
59) Executive Order N-80-20:
a. Paragraph 3; and
b. Paragraph 7.
60) Executive Order N-83-20
a. Paragraph 2 is withdrawn and replaced by the following text:
The deadline to pay annual fees, including any installment
payments, currently due or that will become due during the
proclaimed emergency, as specified in Business and Professions
Code sections 19942, 19951, 19954, 19955, 19984, and any
accompanying regulations is September 30, 2021; the deadlines for
submission of any application or deposit fee, as specified in Business
and Professions Code sections 19951 (a), 19867, 19868, 19876, 19877,
19942, 19984, and any accompanying regulations is no later than
September 30, 2021, or per existing requirements, whichever date is
later.
b. Paragraph 4.
61) Executive Order N-03-21, Paragraph 3, is withdrawn and replaced by the
following text:
As applied to commercial evictions only, the timeframe for the protections
set forth in Paragraph 2 of Executive Order N-28-20 (and extended by
Paragraph 21 of Executive Order N-66-20, Paragraph 3 of Executive Order
N-71-20, and Paragraph 2 of Executive Order N-80-20) is extended through
September 30, 2021.
IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 11 th
day of June 2021.
4AX"
GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
11/23/21, 2:53 PM Bill Text-AB-361 Open meetings: state and local agencies: teleconferences.
LEGISLATIVE INFORMATION
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AB-361 Open meetings: state and local agencies: teleconferences. (2021-2022)
SHARE THIS: In � Date Published: 09/17/2021 09:00 PM
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section
54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings,
and declaring the urgency thereof, to take effect immediately.
Approved by Governor September 16, 2021. Filed with Secretary of State
September 16, 2021.
LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative
body of a local agency, as those terms are defined, be open and public and that all persons be permitted to
attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and
providing for the ability of the public to directly address the legislative body on any item of interest to the public.
The act generally requires all regular and special meetings of the legislative body be held within the boundaries
of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows
for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body
notice each teleconference location of each member that will be participating in the public meeting, that each
teleconference location be accessible to the public, that members of the public be allowed to address the
legislative body at each teleconference location, that the legislative body post an agenda at each teleconference
location, and that at least a quorum of the legislative body participate from locations within the boundaries of the
local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities,
as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to
commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that
specified actions taken by a legislative body are null and void.
Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency
Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.
Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the
COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are
allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency
has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with
disabilities, as specified.
This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with
the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency
holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials
https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 1/13
11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences.
have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency
held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks
to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has
determined that meeting in person would present imminent risks to the health or safety of attendees, as
provided.
This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated
teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of
the public to access the meeting and address the legislative body, to give notice of the means by which members
of the public may access the meeting and offer public comment, including an opportunity for all persons to
attend via a call -in option or an internet-based service option, and to conduct the meeting in a manner that
protects the statutory and constitutional rights of the parties and the public appearing before the legislative
body. The bill would require the legislative body to take no further action on agenda items when there is a
disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within
the local agency's control which prevents members of the public from offering public comments, until public
access is restored. The bill would specify that actions taken during the disruption are subject to challenge
proceedings, as specified.
This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the
meeting and would specify that the legislative body must provide an opportunity for the public to address the
legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the
public comment period and the opportunity to register to provide public comment, until the public comment
period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing
state of emergency, or when state or local officials have imposed or recommended measures to promote social
distancing, the bill would require a legislative body to make specified findings not later than 30 days after the
first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter,
in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register
the person's name, or to provide other information, or to fulfill any condition precedent to the person's
attendance.
This bill would exclude from that prohibition, a registration requirement imposed by a third -party internet
website or other online platform not under the control of the legislative body.
(2) Existing law, the Bagley -Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a
state body be open and public and all persons be permitted to attend any meeting of a state body. The act
requires at least one member of the state body to be physically present at the location specified in the notice of
the meeting.
The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley -Keene Open Meeting Act
for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met,
the public members are allowed to observe and address the state body at the meeting, and that a state body has
a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with
disabilities, as specified.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a
state body to hold public meetings through teleconferencing and to make public meetings accessible
telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the
state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would
suspend certain requirements of existing law, including the requirements that each teleconference location be
accessible to the public and that members of the public be able to address the state body at each teleconference
location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the
public to observe and address the meeting telephonically or otherwise electronically would satisfy any
requirement that the state body allow members of the public to attend the meeting and offer public comment.
The bill would require that each state body that holds a meeting through teleconferencing provide notice of the
meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing
procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably
possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of
the Trustees of the California State University, and authorizes the establishment of student body organizations in
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connection with the operations of California State University campuses.
The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body
organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body
to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any
meeting or proceeding authorized by law.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a
legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to
make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking
to observe and to address the legislative body. With respect to a legislative body holding a public meeting
pursuant to these provisions, the bill would suspend certain requirements of existing law, including the
requirements that each teleconference location be accessible to the public and that members of the public be
able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a
meeting through teleconferencing and allows members of the public to observe and address the meeting
telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members
of the public to attend the meeting and offer public comment. The bill would require that each legislative body
that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided.
The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound
discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as
provided.
(4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20,
to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and
future emergencies by allowing broader access through teleconferencing options.
(5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339
to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings
of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that
amends or enacts laws relating to 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.
(7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of
public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest
protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(8) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility
requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public
seeking to observe and to address the legislative body.
(b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all
requirements in this article requiring the physical presence of members, the clerk or other personnel of the
legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby
suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the
following requirements in this article are suspended:
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(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be
identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public.
(C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the
meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe
and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility
requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow
members of the public to attend the meeting and offer public comment. A legislative body need not make
available any physical location from which members of the public may observe the meeting and offer public
comment.
(d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members
of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body
shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or
accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may
observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through
teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes
otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting
is otherwise posted, also give notice of the means by which members of the public may observe the meeting and
offer public comment. As to any instance in which there is a change in the means of public observation and
comment, or any instance prior to the effective date of this section in which the time of the meeting has been
noticed or the agenda for the meeting has been posted without also including notice of the means of public
observation and comment, a legislative body may satisfy this requirement by advertising the means of public
observation and comment using the most rapid means of communication available at the time. Advertising the
means of public observation and comment using the most rapid means of communication available at the time
shall include, but need not be limited to, posting such means on the legislative body's internet website.
(f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion
and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions
of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility
requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and
make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking
to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all
requirements in this article requiring the physical presence of members, the clerk or other personnel of the state
body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
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(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the
following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be
identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public.
(C) Members of the public may address the state body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the
meeting.
(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and
address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility
requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members
of the public to attend the meeting and offer public comment. A state body need not make available any physical
location from which members of the public may observe the meeting and offer public comment.
(d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the
public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do
both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or
accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may
observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each state body that holds a meeting through
teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes
otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting
is otherwise posted, also give notice of the means by which members of the public may observe the meeting and
offer public comment. As to any instance in which there is a change in the means of public observation and
comment, or any instance prior to the effective date of this section in which the time of the meeting has been
noticed or the agenda for the meeting has been posted without also including notice of the means of public
observation and comment, a state body may satisfy this requirement by advertising the means of public
observation and comment using the most rapid means of communication available at the time. Advertising the
means of public observation and comment using the most rapid means of communication available at the time
shall include, but need not be limited to, posting such means on the state body's internet website.
(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and
to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of
this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 3. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this
chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use
teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all
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otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a
specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting
within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting
shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations and conduct teleconference meetings in a manner that protects the statutory and
constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each
teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each
teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the
members of the legislative body shall participate from locations within the boundaries of the territory over which
the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide
an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at
each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of
which are in different locations, connected by electronic means, through either audio or video, or both. Nothing
in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to
be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the
process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in the meeting and the number
and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations
within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established
pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the
purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of
subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any
of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have
imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining,
by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the
health or safety of attendees.
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(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by
majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would
present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an
opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In
each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the
meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the
public may access the meeting and offer public comment. The agenda shall identify and include an opportunity
for all persons to attend via a call -in option or an internet-based service option. This subparagraph shall not be
construed to require the legislative body to provide a physical location from which the public may attend or
comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and
constitutional rights of the parties and the public appearing before the legislative body of a local agency.
(D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of
the public using the call -in option or internet-based service option, or in the event of a disruption within the local
agency's control which prevents members of the public from offering public comments using the call -in option or
internet-based service option, the body shall take no further action on items appearing on the meeting agenda
until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken
on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be
challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must
provide an opportunity for the public to address the legislative body and offer comment in real time. This
subparagraph shall not be construed to require the legislative body to provide a physical location from which the
public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an
internet website, or other online platform, not under the control of the local legislative body, that requires
registration to log in to a teleconference may be required to register as required by the third -party internet
website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the
public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to
provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately
on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the
opportunity to provide public comment, including time for members of the public to register pursuant to
subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
(iii) A legislative body that provides a timed general public comment period that does not correspond to a
specific agenda item shall not close the public comment period or the opportunity to register, pursuant to
subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to
promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of
subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant
to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by
majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
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(4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant
to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter
7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided
in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and
federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination
obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use
teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all
otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a
specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting
within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting
shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations and conduct teleconference meetings in a manner that protects the statutory and
constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each
teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each
teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the
members of the legislative body shall participate from locations within the boundaries of the territory over which
the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide
an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at
each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of
which are in different locations, connected by electronic means, through either audio or video, or both. Nothing
in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to
be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the
process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in the meeting and the number
and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations
within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established
pursuant to this subdivision shall be subject to all other requirements of this section.
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https://
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the
purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of
subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any
of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have
imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining,
by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the
health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by
majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would
present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an
opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In
each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the
meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the
public may access the meeting and offer public comment. The agenda shall identify and include an opportunity
for all persons to attend via a call -in option or an internet-based service option. This subparagraph shall not be
construed to require the legislative body to provide a physical location from which the public may attend or
comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and
constitutional rights of the parties and the public appearing before the legislative body of a local agency.
(D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of
the public using the call -in option or internet-based service option, or in the event of a disruption within the local
agency's control which prevents members of the public from offering public comments using the call -in option or
internet-based service option, the body shall take no further action on items appearing on the meeting agenda
until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken
on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be
challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must
provide an opportunity for the public to address the legislative body and offer comment in real time. This
subparagraph shall not be construed to require the legislative body to provide a physical location from which the
public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an
internet website, or other online platform, not under the control of the local legislative body, that requires
registration to log in to a teleconference may be required to register as required by the third -party internet
website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the
public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to
provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately
on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the
opportunity to provide public comment, including time for members of the public to register pursuant to
subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
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(iii) A legislative body that provides a timed general public comment period that does not correspond to a
specific agenda item shall not close the public comment period or the opportunity to register, pursuant to
subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to
promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of
subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant
to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by
majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant
to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter
7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this
chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use
teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all
requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting
or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting
within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting
shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations and conduct teleconference meetings in a manner that protects the statutory and
constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each
teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each
teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the
members of the legislative body shall participate from locations within the boundaries of the territory over which
the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an
opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at
each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of
which are in different locations, connected by electronic means, through either audio or video, or both. Nothing
in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to
be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5
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(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the
process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in the meeting and the number
and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations
within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established
pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the
purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.
SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided
in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and
federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination
obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use
teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all
requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting
or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting
within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting
shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations and conduct teleconference meetings in a manner that protects the statutory and
constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each
teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each
teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the
members of the legislative body shall participate from locations within the boundaries of the territory over which
the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an
opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at
each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of
which are in different locations, connected by electronic means, through either audio or video, or both. Nothing
in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
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(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1. during the open meeting in which the final action is to
be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the
process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in the meeting and the number
and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations
within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established
pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the
purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.
SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code
proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1)
both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first,
(2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339,
in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain
operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall
become operative.
SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and
local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader
access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated
March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.
SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add
Section 54953 of the Government Code, further, 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:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for
greater public participation in teleconference meetings during applicable emergencies.
SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain
requirements of the Bagley -Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of
Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and
video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and
public meetings conducted by teleconference during the COVID-19 public health emergency have been
productive, have increased public participation by all members of the public regardless of their location in the
state and ability to travel to physical meeting locations, have protected the health and safety of civil servants
and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours
spent traveling to and from meetings.
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(b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the
Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and
Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase
and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials
and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that
constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by
this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a
quorum of members present, this act protects the health and safety of civil servants and the public and does not
preference the experience of members of the public who might be able to attend a meeting in a physical location
over members of the public who cannot travel or attend that meeting in a physical location.
(2) By removing the requirement for agendas to be placed at the location of each public official participating in a
public meeting remotely, including from the member's private home or hotel room, this act protects the
personal, private information of public officials and their families while preserving the public's right to access
information concerning the conduct of the people's business.
SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or
safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to ensure that state and local agencies can continue holding public meetings while providing essential
services like water, power, and fire protection to their constituents during public health, wildfire, or other states
of emergencies, it is necessary that this act take effect immediately.
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BURL- INGAME AGENDA NO: 8c
STAFF REPORT
MEETING DATE: April 18, 2022
To: Honorable Mayor and City Council
Date: April 18, 2022
From: Meaghan Hassel -Shearer, City Clerk — (650) 558-7203
Subject: Adoption of a Resolution Ordering and Calling for the November 8, 2022
General Municipal Election to Fill Three City Council Vacancies in Council
Districts 1, 3, and 5
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution ordering and calling a
general municipal election to be held on November 8, 2022 to fill three City Council vacancies in
Council Districts 1, 3, and 5.
BACKGROUND
Pursuant to Burlingame Municipal Code Section 2.18.005, the General Municipal Election for the
City of Burlingame must be held on the first Tuesday following the first Monday in November of
even years for the election of City Councilmembers. The election to be held on Tuesday,
November 8, 2022 will be the City's first district -based election following the City Council's
transition to district elections.
On January 17, 2020, the City of Burlingame received a letter from Kevin Shenkman, of the law
firm Shenkman & Hughes, alleging that the City's at -large election system violated the California
Voting Rights Act of 2001 ("CVRA"). In order to avoid the time and costs of litigation, the City
Council opted to move to by -district Council elections. On March 16, 2020, the Council adopted
Resolution Number 032-2020 reflecting its intent to transition from at -large to by -district Council
elections.
Over the course of 2021, the City Council and staff worked to engage the public on the process of
transitioning to district elections. Staff held several public outreach meetings in order to not only
inform the public about the transition but also to gain community feedback on what the
boundaries should be for the five districts. The Council held five hearings to review the public's
feedback and the demographer's proposed districts.
At the January 18, 2022 City Council meeting, the Council adopted Ordinance 2003, which
established by -district elections, selected Draft Map D as the boundaries for the five districts, and
numbered the districts one through five.
DISCUSSION
Pursuant to Ordinance 2003, Districts 1, 3, and 5 will be up for election in 2022, and Districts 2
and 4 will be up for election in 2024. The transition to district elections will take place over two
elections. Mayor Ortiz, Vice Mayor Brownrigg, and Councilmember O'Brien Keighran reside in
Calling the November 8, 2022 Election April 18, 2022
Districts 1 and 3; and their at -large terms end in 2022. No sitting Councilmember lives in District
5.
The terms of the remaining two at -large Councilmembers (Beach and Colson) will remain at -large
until their terms expire in 2024. A district -based election will be held for the two available seats;
Districts 2 and 4, at that time.
Staff will conduct public outreach in order to ensure that members of the public are educated on
the City's transition to district elections and understand which district they live in. In addition, staff
will publish a Notice of the Election in Chinese, English, and Spanish in papers of general
circulation to allow the public to know of the upcoming election.
For those interested in running for one of the three districted seats, the candidate filing period will
be between July 18, 2022 and August 12, 2022. Nomination papers will be made available to
candidates by appointment with the City Clerk's Office during the above time period.
FISCAL IMPACT
Staff contacted the County Elections Office regarding the cost of putting three City Council seats
on the November 8, 2022 ballot. The estimated cost is between $38,600 and $46,300. These
figures translate to $3.63 per registered voter for the low estimate and $4.35 per registered voter
for the high estimate. This cost will be included in the FY 2022-23 Budget.
Exhibit:
• Resolution to Call the Election
• District Map
2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDERING
AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF
BURLINGAME ON NOVEMBER 8, 2022 TO FILL THREE CITY COUNCIL
VACANCIES IN COUNCIL DISTRICTS 1, 3, AND 5; REQUESTING THE SERVICES
OF THE REGISTRAR OF VOTERS, REQUESTING CONSOLIDATION OF
ELECTIONS, AND SPECIFYING CERTAIN PROCEDURES FOR THE
CONSOLIDATED ELECTION; REQUIRING PAYMENT OF PRORATED COSTS OF
CANDIDATES' STATEMENTS; AND PROVIDING FOR GIVING NOTICE OF
ELECTION
WHEREAS, Burlingame Municipal Code Section 2.18.005 provides that the
general municipal election for the City of Burlingame shall be held on the first Tuesday
after the first Monday in November of 2022; and
WHEREAS, Burlingame Municipal Code Section 2.18.040 provides that Council
Districts 1, 3, and 5 will be up for election at the general municipal election in 2022; and
WHEREAS, pursuant to Part 3 of Division 10 of the California Elections Code, a
general municipal election may be consolidated with an election in another public district;
and
WHEREAS, elections in public districts will be held in San Mateo County on
November 8, 2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
RESOLVES AND ORDERS AS FOLLOWS:
1. A general municipal election is hereby called to be held in and for the City of
Burlingame on Tuesday, November 8, 2022:
a) to elect one (1) Councilmember, for a full term of four (4) years for Council
District 1
b) to elect one (1) Councilmember, for a full term of four (4) years for Council
District 3
c) to elect one (1) Councilmember, for a full term of four (4) years for Council
District 5
2. Pursuant to California Elections Code Section 10002, the City Council hereby
requests the Board of Supervisors of the County of San Mateo to make available the
services of the County Clerk as County Elections Official for the purpose of performing
the usual and customary services necessary in the conduct of the consolidated general
municipal election, including the provision of election supplies and voters' pamphlets.
3. Pursuant to California Elections Code Section 10400 and following, the City
Council hereby requests the Board of Supervisors of the County of San Mateo to order
the consolidation of the general municipal election to be conducted within the boundaries
of the City of Burlingame on November 8, 2022, with respect to which the Board of
Supervisors of the County of San Mateo has the power to order a consolidation. The
City Council further consents to and orders the consolidation of the general municipal
election hereby called with the elections in public districts to be held the same day.
Upon consolidation, the consolidated election shall be held and conducted, election
officers appointed, voting precincts designated, ballots printed, voting centers opened at
7:00 a.m. and closed at 8:00 p.m., ballots counted and returned, returns canvassed, and
all other proceedings in connection with the election shall be regulated and done by the
County Clerk of the County of San Mateo in accordance with the provisions of law
regulating the elections so consolidated.
4. The City Clerk is hereby authorized and directed to publish a notice of the
general municipal election within the time and in the manner specified in California
Elections Code Section 12101. The City Clerk is further authorized and directed to
perform any and all actions required by law to hold the general municipal election above
provided.
5. Pursuant to California Elections Code Section 13307, the City Council hereby
determines to levy against each candidate availing himself or herself of the service of
including a candidate's statement not to exceed two hundred (200) words in length in the
voters' pamphlets, the actual prorated costs of printing, handling, and translating the
candidates statement incurred by the City of Burlingame. The City Clerk shall provide
written notice to such effect with each set of nomination papers issued and shall require
payment of the estimated pro rated share at the time the candidate statement is filed.
6. Pursuant to California Elections Code Section 10228 and Burlingame
Municipal Code Section 2.20.020, the filing fee for the City's cost of processing of the
nomination papers is $25.00.
7. The City Clerk is hereby authorized and directed to certify the adoption of this
Resolution and to transmit a certified copy to the Board of Supervisors of the County of
San Mateo and to the County Clerk of the County of San Mateo.
Ricardo Ortiz, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify
that the foregoing Resolution was introduced at a regular meeting of the City Council held
on the 18th day of April, 2022, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Meaghan Hassel -Shearer, City Clerk
iu
n
L
C
ii
euR— �rvGgnn� AGENDA NO: 8d
STAFF REPORT
MEETING DATE: April 18, 2022
To: Honorable Mayor and City Council
Date: April 18, 2022
From: Alyssa Diaz, Executive Assistant — (650) 558-7204
Subject: Open Nomination Period to Fill Two Vacancies on the Library Board of Trustees
RECOMMENDATION
Staff recommends that the City Council call for applications to fill two vacancies on the Library
Board of Trustees. The pending vacancies are due to the expiring terms of Board members Danielle
Garcia and Elisabeth Ostrow. The recommended deadline is Friday, May 20, 2022. This will allow
applicants two opportunities (April 19 and May 17, 2022) to attend a Library Board meeting.
BACKGROUND
The City's current commissioner appointment procedure calls for any Commissioner desiring
reappointment to apply in the same manner as all other candidates. All past applicants on the two-
year waitlist will be informed of the vacancy.
1
BURLINGAME AGENDA NO: 8e
STAFF REPORT
MEETING DATE: April 18, 2022
To: Honorable Mayor and City Council
Date: April 18, 2022
From: Syed Murtuza, Director of Public Works — (650) 558-7230
Martin Quan, Senior Civil Engineer — (650) 558-7230
Subject: Adoption of a Resolution Approving a Professional Services Agreement with
CSG Consultants, Inc., for Construction Management and Inspection Services
for Private Development Projects in the Amount of $1,500,000
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution approving a professional
services agreement with CSG Consultants, Inc. (CSG) in a not to exceed amount of $1,500,000 for
construction management and inspection services for private development projects, and
authorizing the City Manager to execute the agreement.
BACKGROUND
Private development projects have become more complex and larger in scale with multi -year
construction schedules. Given the increase in the number of developments and corresponding
construction activities around the city, staff is seeking outside professional services to assist staff
in conducting daily inspections, reviewing and monitoring traffic control implementations,
addressing public complaints, and responding to contractor/designer requests for information. The
additional staffing demand placed by these large scale private development projects is best
facilitated with consultant services. The services are primarily funded through pass -through
accounts, with the developer absorbing most of the costs.
There are 15 large-scale private development projects that have or will commence construction
within the next two years. Each private development project will have a dedicated pass -through
inspection services account. The account amounts will be based off of the estimated construction
schedule and average number of inspections per week.
• 567 Airport Boulevard (8-story office/research and development building)
1499 Bayshore Highway (404-room, 11-story hotel)
• 1418 Bellevue Avenue (6-story, 15-unit condominium development)
• 601 California Drive (5-story, 25-unit live/work development)
• 619-625 California Drive (5-story, 44-unit live/work development)
• 1431 El Camino Real (3-story, 6-unit condominium development)
• 1457 El Camino Real (4-story, 9-unit condominium development)
1
Resolution Approving Professional Services Agreement with CSG Consultants April 18, 2022
for Private Development Projects
• 1766 El Camino Real (7-story, mix use with 60 residential units)
1870-1876 El Camino Real (169-unit residential development)
• 556 El Camino Real (5-story, 21-unit condominium development)
• 1433 Floribunda Avenue (4-story, 8-unit condominium development)
• 1814-1820 Ogden (6-story, 90-unit condominium development)
1868-1870 Ogden (120-unit residential development)
• 21 Park Road (3-story, 7-unit condominium development)
• 220 Park Road (6-story retail/office building with below grade parking)
DISCUSSION
In 2020, the City selected CSG through a request for proposals process to provide construction
management and inspection services. CSG has assisted staff in the construction inspection of eight
large-scale private development projects. They have been instrumental during the construction of
these projects and have allocated well experienced and highly knowledgeable personnel. Staff is
satisfied with their services and wishes to continue to use CSG for construction management and
inspection services for current and future private development projects.
Staff has negotiated the following scope of professional services with CSG Consultants; and the
City will be billed for actual time spent by consultant based on the approved fee schedule.
• Attend pre -construction meetings between the City and contractor developers;
• Review and advise the City on contractor's overall and weekly construction schedule;
• Perform as -needed construction inspection and material testing services for all off -site
improvements for the projects;
• Represent the City as a point of contact to address community concerns;
• Verify all project conditions of approval and regulatory permits have been satisfied;
• Attend weekly construction progress meetings, perform necessary field engineering work,
and perform independent quality assurance assessments;
• Review and respond to requests for information and requests for changes by the
developers; and
• Obtain all warranty documents and project close-out documents for the public
improvements.
FISCAL IMPACT
The cost of the professional services will be reimbursed by the developer via a pass -through
account set-up by the Finance Department for each project. This is already common practice for
large projects. The not -to -exceed amount of $1,500,000 is an estimate at this time. If more private
development projects commence construction or if the construction durations increase, staff will
request that City Council amend the contract accordingly.
2
Resolution Approving Professional Services Agreement with CSG Consultants April 18, 2022
for Private Development Projects
Exhibits:
• Resolution
• Professional Services Agreement, including Exhibit A (Scope of Services)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
CSG CONSULTANTS FOR CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES FOR PRIVATE DEVELOPMENT PROJECTS AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT
RESOLVED, by the CITY COUNCIL of the City of Burlingame, California which FINDS,
ORDERS and DETERMINES AS FOLLOWS:
1. The public interest and convenience require execution of the agreement cited in
the title above.
2. The City Manager is authorized to sign said agreement on behalf of the City of
Burlingame.
3. The City Clerk is instructed to attest such signature.
Ricardo Ortiz, Mayor
I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 18t" day of April,
2022 and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Meaghan Hassel Shearer, City Clerk
AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES
WITH CSG CONSULTANTS, INC.
FOR PRIVATE DEVELOPMENT PROJECTS
THIS AGREEMENT is entered into this day of , 2022,
by and between the City of Burlingame, State of California, herein called the "City", and
CSG Consultants, Inc. engaged in providing Professional Construction Management
and Inspection services herein called the "Consultant".
RECITALS
A. The City is considering conducting activities for construction management and
inspection services for the private development projects.
B. The City desires to engage a professional consultant to provide construction
management and inspection services because of Consultant's experience and
qualifications to perform the desired work, described in Exhibit A.
C. The Consultant represents and affirms that it is qualified and willing to perform the
desired work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. The Consultant shall provide professional construction
management and inspection services under the direction and supervision of a
licensed professional engineer for fifteen (15) upcoming large scale private
development projects.
2. Time of Performance. The services of the Consultant are to commence upon
the execution of this Agreement with completion of all work by December 31,
2024.
3. Compliance with Laws. The Consultant shall comply with all applicable laws,
codes, ordinances, and regulations of governing federal, state and local laws.
Consultant represents and warrants to City that it has all licenses, permits,
qualifications and approvals of whatsoever nature which are legally required for
Consultant to practice its profession. Consultant represents and warrants to City
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that Consultant shall, at its sole cost and expense, keep in effect or obtain at all
times during the term of this Agreement any licenses, permits, and approvals which
are legally required for Consultant to practice its profession. Consultant shall
maintain a City of Burlingame business license.
4. Sole Responsibility. Consultant shall be responsible for employing or engaging
all persons necessary to perform the services under this Agreement.
5. Information/Report Handling. All documents furnished to Consultant by the City
and all reports and supportive data prepared by the Consultant under this
Agreement are the City's property and shall be delivered to the City upon the
completion of Consultant's services or at the City's written request. All reports,
information, data, and exhibits prepared or assembled by Consultant in connection
with the performance of its services pursuant to this Agreement are confidential
until released by the City to the public, and the Consultant shall not make any of
these documents or information available to any individual or organization not
employed by the Consultant or the City without the written consent of the City
before such release. The City acknowledges that the reports to be prepared by
the Consultant pursuant to this Agreement are for the purpose of evaluating a
defined project, and City's use of the information contained in the reports prepared
by the Consultant in connection with other projects shall be solely at City's risk,
unless Consultant expressly consents to such use in writing. City further agrees
that it will not appropriate any methodology or technique of Consultant which is
and has been confirmed in writing by Consultant to be a trade secret of Consultant.
6. Compensation. Compensation for Consultant's professional services shall not
exceed $1,500,000; and payment shall be based upon City approval of actual
inspection and reimbursement of third party material testing services.
Compensation for consultant services will be reimbursed by the private
developers.
Billing shall include current period and cumulative expenditures to date and shall
be accompanied by a detailed explanation of the work performed by whom at what
rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for City review, even if only in partial or draft form.
7. Availability of Records. Consultant shall maintain the records supporting this
billing for not less than three (3) years following completion of the work under this
Agreement. Consultant shall make these records available to authorized
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personnel of the City at the Consultant's offices during business hours upon written
request of the City.
8. Project Manager. The Project Manager for the Consultant for the work under this
Agreement shall be Nourdin Khayata, Vice President.
9. Assignability and Subcontracting. The services to be performed under this
Agreement are unique and personal to the Consultant. No portion of these
services shall be assigned or subcontracted without the written consent of the City.
10. Notices. Any notice required to be given shall be deemed to be duly and properly
given if mailed postage prepaid, and addressed to:
To City: Martin Quan, Senior Civil Engineer
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
To Consultant: Nourdin Khayata, Vice President
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to City.
11. Independent Contractor. It is understood that the Consultant, in the performance
of the work and services agreed to be performed, shall act as and be an
independent contractor and not an agent or employee of the City. As an
independent contractor he/she shall not obtain any rights to retirement benefits or
other benefits which accrue to City employee(s). With prior written consent, the
Consultant may perform some obligations under this Agreement by
subcontracting, but may not delegate ultimate responsibility for performance or
assign or transfer interests under this Agreement.
Consultant agrees to testify in any litigation brought regarding the subject of the
work to be performed under this Agreement. Consultant shall be compensated
for its costs and expenses in preparing for, traveling to, and testifying in such
matters at its then current hourly rates of compensation, unless such litigation is
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brought by Consultant or is based on allegations of Consultant's negligent
performance or wrongdoing.
12. Conflict of Interest. Consultant understands that its professional responsibilities
is solely to the City. The Consultant has and shall not obtain any holding or
interest within the City of Burlingame. Consultant has no business holdings or
agreements with any individual member of the Staff or management of the City or
its representatives nor shall it enter into any such holdings or agreements. In
addition, Consultant warrants that it does not presently and shall not acquire any
direct or indirect interest adverse to those of the City in the subject of this
Agreement, and it shall immediately disassociate itself from such an interest
should it discover it has done so and shall, at the City's sole discretion, divest itself
of such interest. Consultant shall not knowingly and shall take reasonable steps
to ensure that it does not employ a person having such an interest in this
performance of this Agreement. If after employment of a person, Consultant
discovers it has employed a person with a direct or indirect interest that would
conflict with its performance of this Agreement, Consultant shall promptly notify
City of this employment relationship, and shall, at the City's sole discretion, sever
any such employment relationship.
13. Equal Employment Opportunity. Consultant warrants that it is an equal
opportunity employer and shall comply with applicable regulations governing equal
employment opportunity. Neither Consultant nor its subcontractors do and
neither shall discriminate against persons employed or seeking employment with
them on the basis of age, sex, color, race, marital status, sexual orientation,
ancestry, physical or mental disability, national origin, religion, or medical
condition, unless based upon a bona fide occupational qualification pursuant to the
California Fair Employment & Housing Act.
14. Insurance.
A. Minimum Scope of Insurance:
Consultant agrees to have and maintain, for the duration of the
contract, General Liability insurance policies insuring him/her and
his/her firm to an amount not less than: One million dollars
($1,000,000) combined single limit per occurrence and two million
dollars ($2,000,000) aggregate for bodily injury, personal injury and
property damage in a form at least as broad as ISO Occurrence Form
CG 0001.
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ii. Consultant agrees to have and maintain for the duration of the
contract, an Automobile Liability insurance policy ensuring him/her
and his/her staff to an amount not less than one million dollars
($1,000,000) combined single limit per accident for bodily injury and
property damage.
iii. Consultant agrees to have and maintain, for the duration of the
contract, professional liability insurance in amounts not less than two
million dollars ($2,000,000) each claim/aggregate sufficient to insure
Consultant for professional errors or omissions in the performance
of the particular scope of work under this agreement.
iv. Any deductibles or self -insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self -insured retentions
as respects the City, its officers, officials, employees and volunteers;
or the Contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense
expenses.
B. General and Automobile Liability Policies:
The City, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of Consultant, premises owned or used by the
Consultant. The endorsement providing this additional insured
coverage shall be equal to or broader than ISO Form CG 20 10 11
85 and must cover joint negligence, completed operations, and the
acts of subcontractors. This requirement does not apply to the
professional liability insurance required for professional errors and
omissions.
ii. The Consultant's insurance coverage shall be endorsed to be
primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self -insurances
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
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15
iii. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
iv. The Consultant's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
C. In addition to these policies, Consultant shall have and maintain Workers'
Compensation insurance as required by California law. Further,
Consultant shall ensure that all subcontractors employed by Consultant
provide the required Workers' Compensation insurance for their respective
employees.
D. All Coverages: Each insurance policy required in this item shall be
endorsed to state that coverage shall not be canceled except after thirty
(30) days' prior written notice by mail, has been given to the City (10 days
for non-payment of premium). Current certification of such insurance shall
be kept on file at all times during the term of this agreement with the City
Clerk.
E. Acceptability of Insurers: Insurance is to be placed with insurers with a
Best's rating of no less than A-:VII and authorized to do business in the
State of California.
F. Verification of Coverage: Upon execution of this Agreement, Contractor
shall furnish the City with certificates of insurance and with original
endorsements effecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements are to be on forms approved by the City. All certificates
and endorsements are to be received and approved by the City before any
work commences. The City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
Indemnification. To the fullest extent permitted by law, Consultant shall save,
keep and hold harmless indemnify and defend the City, its officers, employees,
authorized agents and volunteers from all damages, liabilities, penalties, costs, or
expenses in law or equity, including but not limited to attorneys' fees, that may at
any time arise, result from, relate to, or be set up because of damages to property
or personal injury received by reason of, or in the course of performing work which
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arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the
negligence, recklessness, or willful misconduct of Consultant, or any of the
Consultant's officers, employees, or agents or any subconsultant. This provision
shall not apply if the damage or injury is caused by the sole negligence, active
negligence, or willful misconduct of the City, its officers, agents, employees, or
volunteers.
16. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may
have hereunder, nor does waiver of a breach or default under this Agreement
constitute a continuing waiver of a subsequent breach of the same or any other
provision of this Agreement.
17. Governing Law. This Agreement, regardless of where executed, shall be
governed by and construed under the laws of the State of California. Venue for
any action regarding this Agreement shall be in the Superior Court of the County
of San Mateo.
18. Termination of Agreement. The City and the Consultant shall have the right to
terminate this agreement with or without cause by giving not less than fifteen (15)
days written notice of termination. In the event of termination, the Consultant
shall deliver to the City all plans, files, documents, reports, performed to date by
the Consultant. In the event of such termination, City shall pay Consultant an
amount that bears the same ratio to the maximum contract price as the work
delivered to the City bears to completed services contemplated under this
Agreement, unless such termination is made for cause, in which event,
compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
19. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the City and the
Consultant.
20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, as well as costs not to exceed
$7,500 in total.
21. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of the Agreement between the City and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this
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Agreement, unless hereafter made in writing and signed by the party to be bound,
shall be binding on either party.
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement
as of the date indicated on page one (1).
City of Burlingame
BV
Lisa K. Goldman
City Manager
Approved as to form:
City Attorney — Michael Guina
ATTEST:
City Clerk - Meaghan Hassel -Shearer
"Consultant"
CSG Consultants, Inc.
Print Name: Nourdin Khayata
Title: Vice President
Page 8 of 8
CSG
CONSULTANTS
Nftmse
Employee -Owned
April 13, 2022
Art Morimoto, P.E.
City Engineer
City of Burlingame
Public Works Department
501 Primrose Road
Burlingame, CA 94010
550 Pilgrim Drive
Foster City, CA 94404
Phone: 650.522.2500
Fax: 650.522.2599
Re: Exhibit A — for Construction Management and Inspection for Development Projects
www.csgengr.com
Dear Mr. Morimoto:
Thank you for the opportunity for CSG Consultants (CSG) to present our proposal to provide
construction management and inspection services to the City for private development projects.
Included on the following pages as Exhibit A are a Scope of Services for the requested work as well as a
fee schedule and description of the personnel to perform the services.
Mojtaba Nahrvar will serve as the primary engineer/manager and construction inspector for this
contact. I will serve as the principal in charge for this contract. Our contact information is as follows:
Nourdin Khayata, PE Mojtaba Nahrvar, PE
Vice President, Construction Management Assistant Resident Engineer
office (650) 522-2524 mobile (650) 431-4007
nourdin@csgengr.com mojtaban@csgengr.com
We look forward to working with the City of Burlingame on this contract. Should you have any questions
regarding our proposal, please contact me or Mr. Nahrvar.
Sincerely,
Nourdin Khayata, PE
Vice President, CSG Consultants
CSG PROPOSAL TO CITY OF BURLINGAME
CONSTRUCTION MANAGEMENT AND INSPECTION
Exhibit A
SCOPE OF WORK
Private Development Projects
CSG is submitting this proposal for conducting inspection and construction management services
associated with private development projects. It is CSG's understanding that the City may require the
aforementioned services for projects such as those listed below. These projects may or may not be
selected by the City; the utilization of CSG's services will be dependent on the City's needs and requests
for services.
567 Airport Boulevard (8-story office/research and development building)
► 1499 Bayshore Highway (404-room, 11-story hotel)
► 1418 Bellevue Avenue (6-story, 15-unit condominium development)
► 601 California Drive (5-story, 25-unit live/work development)
► 619-625 California Drive (5-story, 44-unit live/work development)
► 1431 El Camino Real (3-story, 6-unit condominium development)
► 1457 El Camino Real (4-story, 9-unit condominium development)
► 1766 El Camino Real (7-story, mix use with 60 residential units)
► 1870-1876 El Camino Real (169-unit residential development)
► 556 El Camino Real (5-story, 21-unit condominium development)
► 1433 Floribunda Avenue (4-story, 8-unit condominium development)
► 1814-1820 Ogden (6-story, 90-unit condominium development)
i 1868-1870 Ogden (120-unit residential development)
21 Park Road (3-story, 7-unit condominium development)
220 Park Road (6-story retail/office building with below grade parking)
Construction Inspection Services
CSG's scope of services for inspection of private development projects typically includes the following
elements which CSG will provide if selected to perform construction inspection services:
► Attend pre -construction meetings between the City and contractor developers;
► Review and advise the City on contractor's overall and weekly construction schedule;
► Perform as -needed construction inspection and material testing services for all off -site
improvements for the projects;
► Represent the City as a point of contact to address community concerns;
► Verify all project conditions of approval and regulatory permits have been satisfied;
► Attend weekly construction progress meetings, perform necessary field engineering work, and
perform independent quality assurance assessments;
Review and respond to requests for information and requests for changes by the developers;
and
Obtain all warranty documents and project close-out documents for the public improvements.
2 CSG CONSULTANTS
CSG PROPOSAL TO CITY OF BURLINGAME
CONSTRUCTION MANAGEMENT AND INSPECTION
PERSONNEL
Mojtaba Nahrvar, PE, will serve as the primary engineer/manager and construction inspector for the City's
private development projects. He brings over 8 years of experience in providing engineering and inspection
services to public agencies. Mr. Nahrvar has recently completed the performance of similar services for major
developments for the City, including Burlingame Point, Summerhill Apartment and Townhomes, and the Lot
N Parking Structure. He performed field inspection for all infrastructure work related to these developments
including grading, sewer, water, drainage, bioswales, concrete and asphalt as well as roadway structural
sections. He attended meetings with the developers/contractors and stakeholders, coordinated activities and
inspection schedules to meet project needs, and provided progress reports to the City's project manager.
We are also proposing the following construction inspectors as backups in the event of Mr. Nahrvar's
absence or if additional support is needed.
► Amer Moussalli, Assistant Resident Engineer
► Rocky Kayali, Assistant Resident Engineer
► Arash Kimia, Assistant Resident Engineer
► Mohamad Zoobi, Assistant Resident Engineer
Included on the following page is Mr. Nahrvar's resume. Resumes for CSG's additional inspectors can be
provided upon request.
FEE SCHEDULE (2022)
The hourly rate for our proposed services is provided in the table below.
All hourly rates include salaries, benefits, workers compensation insurance, local travel and miscellaneous office
expenses. Should the scope of work change, or circumstances develop which necessitate special handling, CSG will
notify the City prior to proceeding. Overtime services will be billed at 1.5x the applicable hourly rate. On July 1 of each
year, CSG will increase hourly rates based on change in CPI for the applicable region. CSG will mail an invoice every
month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30-days from
receipt of invoice.
CSGCONSULTANTS
Mojtaba NahrvarPE
Assistant Resident Engineer
LICENSES &
Mr. Nahrvar has over 20 years of construction and engineering experience including
CERTIFICATIONS
design, construction management and inspection of infrastructure. Mr. Nahrvar's diverse
Professional Civil Engineer I
background includes construction inspection of development and capital improvement
State of California
projects, and construction management of hydraulic structures such as canals, reservoirs,
License: C93683
water towers, and their piping systems in addition to low-rise residential buildings and
mid -rise office buildings.
EDUCATION
In addition to his construction and structural engineering skills, Mr. Nahrvar has
Master of Science, Civil Engineering
developed excellent communication and coordination expertise as a result of working in
Santa Clara University
numerous companies in two different countries as project engineer, project manager and
Santa Clara, CA
structural design engineer. He provides clients with knowledge in multiple disciplines of
Bachelor of Science, Civil Engineer
Civil Engineering and familiarity with engineering and management software which
Azad University
includes AutoCAD, SAP/ETABS/SAFE, LG Beamer, CFS, EPANET, Enercalc and Microsoft
office products.
RELEVANT EXPERIENCE
Development Inspection I City of Burlingame CA
Mr. Nahrvar provided inspection, field coordination, and construction management for various
developments throughout the City. Mr. Nahrvar inspected grading, road construction and drainage
improvements, Water lines and sewer lines construction, sewer lift station and related electrical
work as well as sidewalk, curb & gutter, ADA improvements, street lighting and traffic signal lights on
behalf of the City.
• Burlingame Point - This 18.5-acre development included the realignment of an
existing Airport Blvd.
• Summerhill Apartment and Townhomes — 5.4-acre development, 33,000 square
foot, four-story 268 residential apartments complex and 22 townhomes.
• 161 Highland Ave. Lot N Parking Structure and 150 Park Rd. Lot F Affordable
Housing — 368 Parking spots in 5 story concrete structure and 5 story, 132 apartment
units with two stories underground garage.
• 220 Park Rd. Lot E Office Building — 6 story office projects with ground floor retail
and two levels of underground parking
• 920 Bayswater Ave. — Residential Apartments -- 4 story, 128 units of residential
apartments.
• 250 California Dr. - Mixed Use Office Building — 4 story mixed use, 33837 square foot
of office building with 80 onsite parking spots utilizing automated parking system.
• 1095 Rollins — Residential Apartments — 6 story, 150 unit apartment in 46827 square
feet site
• 1 & 45 Adrian Court - Residential Apartments — 7 story, 265 units of mixed use in a
2.83 acre site.
I
` �� STAFF •
Avovw
To: Honorable Mayor and City Council
Date: April 18, 2022
From: Michael Guina City Attorney
Mike Matteucci, Chief of Police
AGENDA NO: 9a
MEETING DATE: April 18, 2022
Subject: Introduction of an Ordinance Adopting a Military Equipment Use Policy and
Adding the Policy to the Burlingame Police Department Policy Manual;
CEQA Determination: Exempt pursuant to State CEQA Guidelines Sections
15378, 15061(b)(3)
RECOMMENDATION
Staff recommends that the City Council hold a Public Hearing to introduce the proposed Ordinance
adopting a Military Equipment Use Policy ("Policy") and adding the Policy to the Burlingame Police
Department Policy Manual. To introduce the Ordinance, staff recommends the following procedure:
Recommended Procedure and Order of Operations:
A. Receive the staff report and ask any questions of staff.
B. Request that the City Clerk read the title of the proposed Ordinance.
C. By motion, waive further reading and introduce the Ordinance.
D. Conduct a public hearing.
E. Discuss the Ordinance and by motion determine whether to bring it back for second
reading and adoption. If the Council is in favor of the Ordinance, direct the City Clerk to
publish a summary of the Ordinance at least five days before its proposed adoption.
BACKGROUND
On September 30, 2021, Governor Newsom signed a series of policing reform bills into law. These
laws are aimed at increasing police transparency. In particular, Assembly Bill ("AB") 481, which
came into effect on January 1, 2022, requires law enforcement agencies to adopt a military
equipment use policy ("Policy") prior to taking certain actions relating to the funding, acquisition, or
use of military equipment as that term is defined by the statute. The Policy must be adopted by
ordinance at a regular meeting of the governing body for that law enforcement agency. In the case
of the Burlingame Police Department, the City Council is the governing body.
1
Introduction of an Ordinance Adopting Military Equipment Use Policy April 18, 2022
DISCUSSION
AB 481 (Government Code section 7070 et seq.) requires adoption of a Policy before the law
enforcement agency can take action to: request military equipment; seek funds (such as grants or in -kind
donations) for acquiring military equipment; actually acquire military equipment, either permanently or
temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or
use military equipment in the agency's territorial jurisdiction; use new or existing military equipment in a
manner not previously subject to AB 481's scope; solicit or respond to a proposal for, or enter into an
agreement with, any person or entity to seek funds for, applyfor, acquire, use, or collaborate in using military
equipment; or to acquire military equipment through any other means not specifically detailed in the statute.
Definition of Military Equipment
AB 481 designates the following categories of items as military equipment:
1. Unmanned, remotely piloted, powered aerial or ground vehicles
2. Mine -resistant ambush -protected vehicles or armored personnel carriers
3. High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five -
ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
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
8. Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and
standard -issue shotgun ammunition.
9. Specialized firearms and ammunition of less than .50 caliber, including firearms and
accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515,
with the exception of standard -issue handguns.
10. Any firearm or firearm accessory that is designed to launch explosive projectiles
11. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls,"
excluding standard, service -issued handheld pepper spray.
12. Taser Shockwave, microwave weapons, water cannons, and long-range acoustic devices.
13. Projectile launch platforms and their associated munitions including 40mm projectile
launchers, "bean bag," rubber bullet, and specialty impact munition weapons.
14. Any other equipment as determined by a governing body or a state agency to require
additional oversight.
The Burlingame 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 Police Department does
possess some types of police equipment that fall under the broad definition of military equipment in AB
481, including the following:
F
Introduction of an Ordinance Adopting Military Equipment Use Policy April 18, 2022
• AR-15 semiautomatic rifle is capable of firing 5.56mm projectile bullet
• M4 Select fire rifle
• 40mm Less Lethal Launchers and Kinetic Energy Munitions
• Pepperball FTC Pepperball less lethal Pepperball launchers and Pepperball munitions
A complete description of this equipment is attached to the proposed Policy as Exhibit A, "Section
One: Qualifying Equipment Owned / Used by the Burlingame Police Department."
The Burlingame Police Department participates in the North County Regional SWAT Team (NCR
SWAT). Some equipment is owned and operated by NCR SWAT through partner law enforcement
agencies (San Mateo PD, Foster City PD, San Bruno PD, South San Francisco PD, and Brisbane
PD). While the Burlingame Police Department does not own or operate this equipment, it could be
used in Burlingame by NCR SWAT if they are deployed to an incident within City limits. The list of
military equipment available to Burlingame PD through its participation in NCR SWAT is attached
to the proposed Policy as Exhibit A, "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 Burlingame Police Department is a participating agency."
Consideration of Draft Policy at Public Hearinq; Criteria for Approvinq Policy
As noted, the Policy must be adopted at a regular meeting of the City Council following a public
hearing. In addition, AB 481 requires the draft Policy to be published on the Police Department's
website at least 30 days prior to the public hearing to approve the Policy. The draft Policy was
posted to the Burlingame Police Department's website on March 17, 2022.
The governing body shall approve a proposed Policy if it determines all of the following:
• The military equipment is necessary because there is no reasonable alternative that can
achieve the same objective of officer and civilian safety;
• The proposed Policy will safeguard the public's welfare, safety, civil rights, and civil liberties;
• If purchasing equipment, the equipment is reasonably cost effective compared to available
alternatives that can achieve the same objective of officer and civilian safety; and
• Prior military equipment complied with the Policy that was in effect at the time, or if prior
uses did not comply with the Policy, that corrective action has been taken to remedy
nonconforming uses and ensure future compliance.
For the military equipment used by the Burlingame Police department, staff believes the City
Council is able to make the required findings. The military equipment used by BPD is necessary
because there are no reasonable alternatives that can achieve the same objective for officer and
civilian safety. The proposed Policy for BPD's military equipment is designed to safeguard the public
welfare, safety, and civil rights: the Policy describes the purpose and use of each type of equipment,
the fiscal impacts, the rules of use for the equipment, and the training required. For the current year,
the department is not proposing to purchase equipment. Finally, as this is the first year for AB 481
compliance, there is no prior Policy to compare past use. For the next reporting period, staff will
provide an analysis of whether the use complied with the approved Policy.
3
Introduction of an Ordinance Adopting Military Equipment Use Policy April 18, 2022
Annual Review
A law enforcement agency that receives approval for a military equipment use policy is required to
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 annual report is also required to be made publicly
available on the department's website. Following review of the annual report, the governing body
shall determine whether each type of military equipment identified in the report has complied with the
standards for continued approval. If the City Council cannot make such a determination, it shall either
disapprove a renewal of the authorization for that type of equipment, or require modifications to the Policy
in a manner to resolve the lack of compliance.
The annual report must contain, at a minimum, the following information for the immediately
preceding calendar year for each type of military equipment:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment
use policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel,
training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from
what source funds will be provided for the military equipment in the calendar year following
submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
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.
In addition, within 30 days of submitting and publicly releasing the annual military equipment report,
the law enforcement agency must hold at least one well -publicized and conveniently located
community meeting at which the general public may discuss and ask questions regarding the
annual report and the law enforcement agency's funding, acquisition, or use of military equipment.
FISCAL IMPACT
Since the department is not proposing to purchase new military equipment, but only seeks to
continue using current equipment, there is no fiscal impact associated with approval of this
Ordinance adopting the Policy.
Exhibits:
• Proposed Ordinance
o Attachment 1: Military Equipment Use Policy
■ Exhibit A to Military Equipment Use Policy: List of Military Equipment
M
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BURLINGAME ADOPTING A
MILITARY EQUIPMENT USE POLICY AND ADDING THE POLICY
TO THE BURLINGAME POLICE DEPARTMENT POLICY MANUAL;
CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA
GUIDELINES SECTION 15378 AND 15061(b)(3)
WHEREAS, California Assembly Bill 481 (AB 481) became effective January 1,
2022, which requires law enforcement agencies to adopt a military equipment use policy
("Policy") prior to taking certain actions relating to the funding, acquisition, or use of
military equipment as defined by the statute; and
WHEREAS, AB 481 requires adoption of the Policy before the law enforcement agency
can take action to request military equipment; seek funds (such as grants or in -kind donations)
for acquiring military equipment; actually acquire military equipment, either permanently or
temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies
to deploy or use military equipment in the agency's territorial jurisdiction; use new or existing
military equipment in a manner not previously subject to AB 481's scope; solicit or respond to a
proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for,
acquire, use, or collaborate in using military equipment; or to acquire military equipment through
any other means not specifically detailed in the statute; and;
WHEREAS, AB 481 provides that the Policy must be adopted by ordinance at a
regular meeting of the governing body, i.e., the City Council for the law enforcement
agency; and
WHEREAS, to continue to use military equipment acquired prior to January 1, 2022,
the law enforcement agency must commence the process of adopting the Policy no later than
May 1, 2022; and
WHEREAS, pursuant to AB 481, this Ordinance shall be reviewed by the City Council
at least annually, and based on an annual military equipment report that must be submitted to
the City Council, the City Council shall determine whether each type of military equipment
identified in the report has complied with the standards for continued approval; if the City Council
cannot make such a determination, it shall either disapprove a renewal of the authorization for
that type of equipment, or require modifications to the Policy in a manner to resolve the lack of
compliance; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on
the Police Department's website within 30 days of the public hearing by the City Council to adopt
the Policy; once adopted, the Policy will be made publicly available on the Police Department's
website for as long as the covered military equipment is available for use; and
WHEREAS, 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; and while the Burlingame 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 Burlingame 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; and
WHEREAS, in order to comply with AB 481 and the California Government Code,
the City Council wishes to a by ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals
The recitals set forth above are true and correct, and are hereby incorporated
herein by this reference as if fully set forth in their entirety.
Section 2. Findings
Pursuant to Government Code section 7071(d)(1), as may be amended or
renumbered from time to time, the City Council hereby makes the following findings in
support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is
no reasonable alternative that can achieve the same objective of officer and
civilian safety.
B. The proposed Policy will safeguard the public's welfare, safety, civil rights,
and civil liberties.
C. If the Police Department purchases military equipment pursuant to the
Policy, the equipment is reasonably cost effective compared to available
alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the military equipment use policy
that was in effect at the time, or if prior uses did not comply with the
accompanying military equipment use policy, corrective action has been
taken to remedy nonconforming uses and ensure future compliance.
Section 3. Military Equipment Use Policy Adopted
In light of the findings set forth in Section 2, and in accordance with AB 481, the
City Council, as the Governing Body described in AB 481, adopts the Military Equipment
2
Use Policy attached hereto as Exhibit A and incorporated in full herein.
Section 4. CEQA Determination
The City Council finds and determines this Ordinance is not a project within the
meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting
in physical change in the environment, either directly or ultimately. In the event that this
Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility of a significant effect on the environment.
Section 5. Severability
If any section, subsection, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The City Council of the City of Burlingame hereby declares that
it would have adopted the Ordinance and each section, subsection, sentence, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional.
Section 6. Effective Date
This Ordinance shall go into effect 30 days following its adoption.
Section 7. Publication The City Clerk is directed to publish this ordinance in a
manner required by law.
Section 8. Codification
This Ordinance shall not be codified in the Burlingame Municipal Code.
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on 18t"
day of April 2022 and adopted thereafter at a regular meeting of the City Council held on
the day of by the following votes:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTEST:
Meaghan Hassel -Shearer, City Clerk
3
EXHIBIT A
Burlingame Police Department
Burlingame PD Policy Manual
Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting
requirements of military equipment (Government Code § 7070; Government Code § 7071;
Government Code § 7072).
This policy is provided to fulfill the obligations set forth in Assembly Bill 481 (AB 481). These
obligations include but are not limited to seeking approval on specific items deemed to be military
equipment and requirements related to compliance, annual reporting, cataloguing and complaints.
It is the policy of the Burlingame Police Department (Department) that there are legally enforceable
safeguards, including transparency, oversight, and accountability measures in place to protect the
public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired,
or used.
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body — The Burlingame City Council
Law Enforcement Agency - The City of Burlingame Police Department
Military equipment — Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles.
• Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers.
• High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks,
five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Tracked armored vehicles that provide ballistic protection to their occupants.
• Command and control vehicles that are either built or modified to facilitate the
operational control and direction of public safety units.
• Weaponized aircraft, vessels, or vehicles of any kind.
• Battering rams, slugs, and breaching apparatuses that are explosive in nature. This
does not include a handheld, one -person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns
and standard -issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and
accessories identified as assault weapons in Penal Code § 30510 and Penal Code §
30515, with the exception of standard -issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles.
• Noise -flash diversionary devices and explosive breaching tools.
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Burlingame Police Department
Burlingame PD Policy Manual
Military Equipment
• Munitions containing tear gas or OC, excluding standard, service -issued handheld
pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic
devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require
additional oversight.
708.2 POLICY
It is the policy of the Burlingame Police Department that members of this department comply with
the provisions of Government Code § 7071 with respect to military equipment.
708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this Department to act as the military equipment
coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this
policy.
(b) Identifying department equipment that qualifies as military equipment in the current
possession of the Department, or the equipment the Department intends to acquire
that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually.
(d) Collaborating with any allied agency that may use military equipment within the
jurisdiction of Burlingame Police Department (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement
meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition,
and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police
and ensuring that the report is made available on the department website (Government
Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that
person may submit a question about the use of a type of military equipment, and how
the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
A list of equipment currently held by the Department or in coordination with another local agency is
attached to this Policy as Exhibit "A" and incorporated into this Policy by reference. The inventory
list will be updated each year as part of the annual report required pursuant to AB 481.
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Burlingame PD Policy Manual
Military Equipment
708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by
way of an ordinance adopting the military equipment policy. As part of the approval process, the
Chief of Police or the authorized designee shall ensure the proposed military equipment policy is
submitted to the governing body and is available on the department website at least 30 days prior
to any public hearing concerning the military equipment at issue (Government Code § 7071). The
military equipment policy must be approved by the governing body prior to engaging in any of the
following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.
(b) Seeking funds for military equipment, including but not limited to applying for a grant,
soliciting or accepting private, local, state, or federal funds, in -kind donations, or other
donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing
or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of
military equipment within the jurisdiction of this department.
(e) Using any new or existing military equipment for a purpose, in a manner, or by a person
not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other
person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the
use of military equipment.
(g) Acquiring military equipment through any means not provided above.
708.6 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the
Police Department may acquire, borrow and/or use military equipment that is not included in this
policy.
If the Department acquires, borrows, and/or uses military equipment in exigent circumstances, in
accordance with this section, it must take all of the following actions:
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.
If it is anticipated that the use will continue beyond the exigent circumstance, submit a
proposed amended policy to the City Council within 90 days following the borrowing,
acquisition and/or use, and receive approval, as applicable, from the City Council.
Include the military equipment in the Department's next annual military equipment
report.
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Military Equipment
708.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in
this jurisdiction unless the military equipment is approved for use in accordance with this policy.
708.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should
submit a military equipment report to the governing body for each type of military equipment
approved within one year of approval, and annually thereafter for as long as the military equipment
is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment
report publicly available on the department website for as long as the military equipment is
available for use. The report shall include all information required by Government Code § 7072
for the preceding calendar year for each type of military equipment in department inventory.
708.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold
at least one well -publicized and conveniently located community engagement meeting, at which
the Department should discuss the report and respond to public questions regarding the funding,
acquisition, or use of military equipment.
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EXHIBIT A
Section One: Qualifying Equipment Owned/Utilized by the Burlingame Police Department
Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov't Code
§7070(c)(10)
Quantity Owned/Sought: 28 owned Lifespan: Approximately 15 years
Equipment Capabilities: AR-15 semiautomatic rifle is capable of firing 5.56mm projectile
bullet.
Manufacturer Product Description: The Colt AR-15 is a lightweight, magazine -fed, gas -
operated semi -automatic rifle. It is a semi -automatic version of the M16 rifle sold for the
civilian and law enforcement markets in the United States.
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 $34,000. 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 Burlingame Police Department Policies on Use of
Force and Firearms.
Training Required: Officers must successfully complete a CA POST certified 24-hour patrol
rifle course as well as regular department firearms training and qualifications as required by
law and policy.
Other Notes: These rifles are standard issue service weapons for our officers and therefor
exempted from this Military Equipment Use Policy per CA Gov't Code §7070 (c)(10). They
have been included in this document in an abundance of caution and in the interest of
transparency.
Equipment Name: M4 Select fire rifle is capable of firing 5.56mm projectile bullet either fully
automatic or semiautomatic. Rifles and Ammunition - CA Gov't Code 7070 c 10
Quantity Owned/Sought: 6 owned I Lifes an: Approximately 15 years
Equipment Capabilities: M4 Select fire rifle is capable of firing 5.56mm projectile bullet
either fully automatic or semiautomatic.
Manufacturer Product Description: The Colt M4 is a lightweight, magazine -fed, gas -
operated fully automatic or semi -automatic rifle.
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 $6,000. 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 Burlingame Police Department Policies on Use of
Force and Firearms.
Training Required: Officers must successfully complete a CA POST certified 24-hour patrol
rifle course as well as regular department firearms training and qualifications as required by
law and policy.
Other Notes: These rifles are standard issue service weapons for our officers and therefor
exempted from this Military Equipment Use Policy per CA Gov't Code §7070 (c)(10). They
have been included in this document in an abundance of caution and in the interest of
transparency.
Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov't Code
7070 c 10
Quantity Owned/Sought: 2 owned Lifes an: Approximately 15 years
Equipment Capabilities: AR-15 semiautomatic rifle is capable of firing 5.56mm projectile
bullet.
Manufacturer Product Description: The Windham Weaponry AR-15 is a lightweight,
magazine -fed, gas -operated semi -automatic rifle. It is a semi -automatic version of the M16
rifle sold for the civilian and law enforcement markets in the United States.
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 $2,000. 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 Burlingame Police Department Policies on Use of
Force and Firearms.
Training Required: Officers must successfully complete a CA POST certified 24-hour patrol
rifle course as well as regular department firearms training and qualifications as required by
law and policy.
Other Notes: These rifles are standard issue service weapons for our officers and therefor
exempted from this Military Equipment Use Policy per CA Gov't Code §7070 (c)(10). They
have been included in this document in an abundance of caution and in the interest of
transparency.
Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov't Code
§7070(c)(10)
Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years
Equipment Capabilities: AR-15 semiautomatic rifle is capable of firing 5.56mm projectile
bullet.
Manufacturer Product Description: The Stagg Arms AR-15 is a lightweight, magazine -fed,
gas -operated semi -automatic rifle. It is a semi -automatic version of the M16 rifle sold for the
civilian and law enforcement markets in the United States.
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 $2,000. 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 Burlingame Police Department Policies on Use of
Force and Firearms.
Training Required: Officers must successfully complete a CA POST certified 24-hour patrol
rifle course as well as regular department firearms training and qualifications as required by
law and policy.
Other Notes: These rifles are standard issue service weapons for our officers and therefor
exempted from this Military Equipment Use Policy per CA Gov't Code §7070 (c)(10). They
have been included in this document in an abundance of caution and in the interest of
transparency.
Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov't
Code §7070(c)(14)
Quantity Owned/Sought: 12 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 $12,000. 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 Burlingame 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.
Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov't
Code §7070(c)(14)
Quantity Owned/Sought: 2 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: Def-Tec 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 $2,000. 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 Burlingame 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.
Equipment Name: Pepperball FTC Pepperball less lethal Pepperball launchers and
Pepmerball munitions - CA Gov't Code §7070(c)(12)
Quantity Owned/Sought: 2 owned I Lifespan: Approximately 15 years
Equipment Capabilities: The FTC is a high -capacity, semi -automatic launcher that is perfect
for crowd management and mobile field force operations. Capable of deploying pepper
chemicals.
Manufacturer Product Description: The FTC is a high -capacity, semi -automatic launcher
that is perfect for crowd management and mobile field force operations. Reliable and
accurate, it features a hopper that can hold up to 180 rounds, a flexible air source
configuration and a compact modular design.
• Compact, Lightweight Modular Design • Uses Standard .68 cal Round
Projectiles
• .68 caliber • 13ci High Pressure Air
System
• Feeds 20+ Projectiles Per Second with EL-2Tm Hopper • No Recoil
• MIL-STD-1913 Rail Platform • Maximum range of 100ft • Cross -bold Safety
Purpose/Authorized Uses: The Pepperball FTC 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 $2,000. 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 Burlingame Police Department Policies on Use of
Force and Crowd Control.
Training Required: Officers must complete a department certified Pepperball course as well
as regular training and qualifications as required by law and policy.
Other Notes: None.
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 Burlingame
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
Lifespan: Approximately 15 years
(Not owned by BPD)
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
Burlingame 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.
Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov't Code
§7070(c)(2)
Quantity Owned/Sought: 1 (Not owned by BPD) 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
Burlingame 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 requirin 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.
Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov't
Code 7070 c 3
Quantity Owned/Sought: 1 Not owned by BPD Lifes an: 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
Burlingame 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.
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 BPD Lifes an: 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
Burlingame 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.
Equipment Type: AR-15 Style Semiautomatic Rifle and Ammunition - CA Gov't Code
§7070(c)(10)
Quantity Owned/Sought: 60 (not owned by
Lifespan: Approximately 15 years
BPD)
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 DID 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.
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: 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 Burlingame 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.
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
Lifespan: Unknown.
BPD)
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
Burlingame 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.
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. Tear gas and pepper balls 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.
Equipment Type: Long Range Acoustic Device LRAD - CA Gov't Code 7070 c 13
Quantity Owned/Sought: 1 Not owned by BPD Lifes an: 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
Burlingame 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.
BUR— IN�AAGENDA NO: 10a
STAFF REPORT
MEETING DATE: April 18, 2022
To: Honorable Mayor and City Council
Date: April 18, 2022
From: Lisa K. Goldman, City Manager — (650) 558-7243
Subject: Adoption of Resolution Directing Staff to Fly the Pride Flag at City Hall
Throuqhout the Month of June
RECOMMENDATION
Staff recommends that the City Council adopt a resolution directing staff to fly the Pride Flag on
the City Hall main flagpole in June each year.
BACKGROUND
The City of Burlingame has long recognized the month of June as Pride Month. Pride Month is an
annual, month -long celebration of the LGBTQ+ community, and is meant honor their resilience and
determination in battling injustice, as well as to celebrate the community on both a global and
personal level. Pride Month is currently celebrated during the month of June, to commemorate the
anniversary of the 1969 Stonewall Riots. Last year, the City flew the Pride Flag on the City Hall
main flagpole for the first time.
DISCUSSION
On February 22, 2022, the City Council adopted the attached resolution and Outdoor Flagpole
Display Policy, which controls the display of all flags on City -owned flagpoles. According to section
11. B. 1. of the Policy:
The City's flagpoles are not intended to serve as a public forum for free speech or
expression by the public. A request to fly a commemorative or ceremonial flag must
be made by at least two (2) City Councilmembers during a duly -noticed meeting by
the City Council, and the request will be voted upon by the City Council at a later,
duly -noticed City Council meeting. All requests to fly a commemorative or
ceremonial flag must receive an affirmative vote of at least four (4) City
Councilmembers to be approved.
During the future agenda items section of the April 4, 2022 Council meeting, Councilmember Beach
requested that the City fly the Progress Pride Flag during the month of June. Mayor Ortiz seconded
the request. Staff subsequently recommended, and Councilmember Beach and Mayor Ortiz
concurred, that the City Council consider a resolution directing that the Progress Pride Flag (or
1
Adoption of Resolution Directing Staff to Fly the Pride Flag During Pride Month Each Year April 18, 2022
whichever subsequent Pride Flag is appropriate) be flown during Pride Month each year in
perpetuity, rather than be voted on separately each year.
FISCAL IMPACT
None
Exhibits:
• Resolution
• Outdoor Flagpole Display Policy
2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DIRECTING CITY
STAFF TO FLY THE PROGRESS PRIDE FLAG OR FUTURE VARIATIONS OF THE
PROGRESS PRIDE FLAG ON THE CITY HALL FLAGPOLE DURING PRIDE MONTH EACH
YEAR
WHEREAS, the City of Burlingame has long recognized the month of June as Pride
Month; and
WHEREAS, in June 2021, the City flew the Progress Pride Flag on the City Hall main
flagpole for the first time; and
WHEREAS, on February 22, 2022, the City Council adopted an Outdoor Flagpole Display
Policy that controls the display of all flags on City -owned flagpoles; and
WHEREAS, the Policy clarifies that the City's flagpoles are not intended to serve as a
public forum for free speech or expression by the public; and
WHEREAS, the Policy requires that a request to fly a commemorative or ceremonial flag
must be made by at least two Councilmembers at a City Council meeting and must be approved
by affirmative vote of at least four Councilmembers at a subsequent meeting; and
WHEREAS, at the April 4, 2022 City Council meeting, Councilmember Beach requested
that the City Council consider flying the Progress Pride Flag on the City Hall main flagpole during
Pride Month each year; and
WHEREAS, Mayor Ortiz seconded Councilmember Beach's request.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Burlingame
directs City staff to fly the Progress Pride Flag, or future variations of the Progress Pride Flag, on
the City Hall flagpole during Pride Month each year.
Ricardo Ortiz, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council on the 18th day of April, 2022,
and was adopted thereafter by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
Meaghan Hassel -Shearer, City Clerk
DocuSign Envelope ID: D0093904-6BC9-4448-B503-2D92FFCFC329
RESOLUTION NO. 014-2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING
THE CITY'S OUTDOOR FLAGPOLE DISPLAY POLICY
WHEREAS, the City Council of the City of Burlingame desires the ability to display
commemorative and ceremonial flags on City -owned flagpoles as an expression of the City
Council's official sentiments; and
WHEREAS, the City's flagpoles are not intended to serve as forums for free speech or
expression by the public, and are intended only to display commemorative or ceremonial flags
that express the official sentiment of the City Council, as determined by a flagpole display policy
adopted by the City Council; and
WHEREAS, to ensure the proper administration and display of all flags on City -owned
flagpoles, the City Council wishes to establish and adopt an Outdoor Flagpole Display Policy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
RESOLVES AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and incorporated into this
Resolution by this reference.
Section 2. The City Outdoor Flagpole Display Policy, attached hereto as Exhibit A, is
approved and adopted.
Section 3. The City Manager is authorized to make any revisions, amendments,
corrections and modifications to the Outdoor Flagpole Display Policy, subject to the approval of
the City Attorney, deemed necessary to carry out the intent of this Resolution and which do not
materially alter the Council's approval of this Policy.
Section 4. The City Manager is authorized to take any other related actions consistent
with the intention of this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective
immediately upon its passage and adoption.
Ricardo Ortiz, Mayor
DocuSign Envelope ID: D0093904-6BC9-4448-B503-2D92FFCFC329
I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, do hereby certify
that the foregoing resolution was adopted at a regular meeting of the City Council held on the
22"d day of February, 2022 by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
r+uaff,A., 4sse/--S4ea
Meaghan Hassel Shearer, City Clerk
0
DocuSign Envelope ID: D0093904-6BC9-4448-B503-2D92FFCFC329
EXHIBIT A
City of Burlingame Outdoor Flagpole Display Policy
The City Council of the City of Burlingame hereby establishes and adopts the City of
Burlingame's Outdoor Flagpole Display Policy ("Policy"), which controls the display of all flags
on City -owned flagpoles located at:
• City Hall
• Main Library
• Easton Library
• Public Works Corporation Yard
• Police Station
• Adjacent to Lot V (in front of the Burlingame train station)
• Burlingame Community Center
• Bayside Park
This Policy includes the outdoor display of all Federal, State and City flags, as well as the
display of commemorative and/or ceremonial flags.
In adopting this Policy, the City Council declares that the City of Burlingame's flagpoles are not
a public forum for free speech or expression for the public. By adopting this Policy, it is the
intent of the City Council not to establish a public forum on City -owned flagpoles. Any
commemorative or ceremonial flag displayed on City -owned flagpoles must be authorized by an
affirmative vote of at least four City Councilmembers, and therefore will be flown as an
expression of the City Council's official sentiments.
Policy
I. Standards
All flags flown on City -owned flagpoles shall be flown in accordance with all Federal,
State and local rules and regulations. This provision includes compliance with Title 4,
Chapter 1 of the United States Code, Sections 430-439 of the California Government
Code, and this Policy.
II. Procedure
A. Federal, State and City Flags
1. Outdoor flags will be flown on City -owned flagpoles in the following order
of precedence: first, the United States flag; second, the California State
flag; and third, the Burlingame City flag.
2. Flags should be hoisted briskly and lowered ceremoniously. The United
States Flag should be hoisted first and lowered last.
3. Flags should not be displayed in inclement weather. However, all-
weather flags may be flown on a 24-hour basis as long as they are
illuminated from sunset to sunrise.
B. Commemorative and Ceremonial Flags
The City's flagpoles are not intended to serve as a public forum for free
speech or expression by the public. A request to fly a commemorative or
ceremonial flag must be made by at least two (2) City Councilmembers
3
DocuSign Envelope ID: D0093904-6BC9-4448-B503-2D92FFCFC329
during a duly -noticed meeting by the City Council, and the request will be
voted upon by the City Council at a later, duly -noticed City Council
meeting. All requests to fly a commemorative or ceremonial flag must
receive an affirmative vote of at least four (4) City Councilmembers to be
approved.
2. Commemorative or ceremonial flags shall be displayed for a period of
time that is reasonable or customary for the subject that is to be
commemorated or celebrated, but shall not exceed thirty-one (31)
continuous calendar days.
3. All commemorative and ceremonial flags will be displayed on City
flagpoles in the last position, under all Federal, State and City flags.
4