Agenda packet — San Marino City Council, April 13, 2022 (part 2 of 3)

City of San Marino Investment Policy,
Amortization – An accounting practice of gradually decreasing (increasing) an asset’s book value by spreading its depreciation (accretion) over a period of time.

Basis Point – One basis point is one hundredth of one percent (.01).

Benchmark – A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments.

Bond – A financial obligation for which the issuer promises to pay the bondholder a specified stream of future cash flows, including periodic interest payments and a principal repayment.

Broker – A broker brings buyers and sellers together for a commission.

Book Value – The value at which an investment is shown on the holder’s balance sheet. For Debt securities, book value is acquisition cost less amortization of premium or accretion of discount.

Coupon – The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value.

Custody – A banking service that provides safekeeping for the individual securities in a customer’s investment portfolio under a written agreement which also calls for the bank to collect and pay out income, to buy, sell, receive and deliver securities when ordered to do so by the principal.

Delivery vs. Payment – Delivery of securities with a simultaneous exchange of money for the securities.

Discount – The difference between the cost of a security and its value at maturity when quoted at lower than face value.

Diversification – Dividing investment funds among a variety of securities offering independent returns and risk profiles.

Duration – The weighted average maturity of a bond’s cash flow stream, where the present value of the cash flows serve as the weights; the future point in time at which on average, an investor has received exactly half of the original investment, in present value terms; a bond’s zero‐coupon equivalent. The fulcrum of a bond’s present value cash flow time line.

Federal Reserve System – The central bank of the United States which consists of a seven member Board of Governors, 12 regional banks and several thousand member commercial banks.

Interest Rate – The annual yield earned on an investment, expressed as a percentage.

Liquidity – Refers to the ability to rapidly convert an investment into cash without substantial loss of value.

Market Value – The price at which a security is trading and could presumably be purchased or sold.

Maturity – The date upon which the principal or stated value of an investment becomes due and payable.

New Issue – Term used when a security is originally brought to market by its issuer.

Page 161 of 358 ends

City of San Marino Investment Policy,
Primary Dealer – A brokerage firm designated as a primary government dealer by the Federal Reserve Bank.

These firms submit daily reports of market activity and security positions held to the Federal Reserve Bank of New York and are subject to its informal oversight.

Prudent Person Rule – When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.

Rate of Return – The yield obtainable on a security based on its purchase price or its current market price.

This may be the amortized yield to maturity on a bond or the current income return.

Safekeeping – A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection.

Secondary Market – A market made for the purchase and sale of outstanding issues following their original offering as a “new issue”.

Yield – The rate of annual income return on an investment, expressed as a percentage. It is obtained by dividing the current dollar income by the current market price of the security.

Yield to Maturity – The rate of income return on an investment, minus any premium or plus any discount, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond, expressed as a percentage.

Page 162 of 358 ends

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Fiscally Responsible and Transparent City Government

BACKGROUND
On February 9, 2022, City staff presented the City Council with the Fiscal Year 2021-22 MidYear Financial Review which included an updated Five-Year Financial Forecast and Long-Term Financial Projections. During this Mid-Year Financial Review, it was noted that staff would provide a future recommendation to move excess cash from the General Fund Reserves while also meeting the reserve requirement per the Citywide Financial Policies.

The Citywide Financial Policies stipulate that “periodic transfers from accumulated General Fund Reserves shall be transferred to the Capital Projects Fund and the Capital Equipment Fund when appropriate for the execution of projects and acquisitions.”

DISCUSSION
In 2018, the Strategic Financial Planning Committee made a series of recommendations as it relates to reserves for the General Fund. First, the City shall “maintain a reserve balance at approximately 40% of the City’s annual operating revenues.” Second, the Committee also recommended that “in order to maintain this reserve level, the City Council should contribute additional funding each year equal to 1.25% of annual operating revenues.” At the February 25, 2022 City Council meeting, the City Council approved opening a California Employers’ Pension Prefunding Trust (CEPPT) Section 115 Trust to paydown unfunded pension liabilities and TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Paul Chung, Finance Director
Mark Siegfried, Accounting Manager/Controller
DATE: April 13, 2022
SUBJECT: APPROVAL OF THE TRANSFER FROM GENERAL FUND RESERVE

TO THE CAPITAL PROJECTS FUND PER CITY APPROVED

FINANCIAL POLICIES
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Page 163 of 358 ends

contribute $1 million as well as an additional $100,000 contribution to the California Employers’ Retiree Benefit Trust (CERBT) Fund which the City started in Fiscal Year 2021-22.

At the end of FY 2020-21, the General Fund’s audited unassigned Fund Balance Reserve was $15,649,107 with operating revenues of $29,643,955 or 53% cash reserves. Per the Citywide Financial Policies, staff is recommending the City Council to approve moving the excess cash of $2,300,000 from the General Fund Reserves to the Capital Projects Fund Reserves. If approved, the General Fund reserve balance will be $12,228,131, which includes the 1.25% operating reserve transfer and will meet the 40% reserve requirement per the Citywide Financial Policies.

FISCAL IMPACT & PROCUREMENT REVIEW
The fiscal impact will be $2,300,000 to fund future CIP projects for the City.

This report requires no procurement review.

LEGAL REVIEW
The City Attorney’s office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends that the Council authorizes the transfer of $2,300,000 from the General Fund to the Capital Projects Fund Reserves. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the transfer of $2,300,000 from General Fund Reserves to the Capital Projects Fund Reserves.”
$ 15,649,107 General Fund Reserves at June 30, 2021
(370,549.44) Less: Additional Funding of 1.25% of General Fund Revenues * (11,857,582.00) Less: 40% of FY2020-21 General Fund Revenues ** (100,000.00) Less: CERBT Contribution ***
(1,000,000.00) Less: CEPPT Contribution ***
$ 2,320,976 Balance Available For Transfer to CIP Fund
*Per Recommendation from the Strategic Financial Planning Committee in 2018 **Per Citywide Financial Policies Adopted May 9, 2018, Resolution No. R-18-08 ***Approved at 2/25/22 City Council Meeting

Page 164 of 358 ends

ATTACHMENTS

1. Resolution No. R-18-08 Adopting Citywide Financial Policies

2. Summary of Recommendations from Strategic Financial Planning Committee

Page 165 of 358 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 166 of 358 ends

Attachment 1

Page 167 of 358 ends

Attachment 2 Page 168 of 358
Attachment 2 Page 169 of 358
Attachment 2 Page 170 of 358
Attachment 2

Page 171 of 358 ends

Attachment 3 Page 172 of 358

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Engaged and Connected Residents
• Efficient, Responsive, and Effective City Services

BACKGROUND
The City currently has five boards/commissions/committees acting as advisory bodies to the City Council: Planning Commission, Design Review Committee, Library Board of Trustees, Public Safety Commission, and Recreation Commission.

The last holistic review and update to the advisory bodies’ policies was done in 2010. At that time, term limits were standardized across the advisory bodies (with the exception of the Library Board of Trustees), updates were made to the term limits for chairs and vice chairs, and alternate positions were added to the Planning Commission.

Since then, there have been a few changes to individual advisory bodies, but no comprehensive review.

At the March 9, 2022 City Council meeting, Council approved Ordinance No. O-22-1387 for first reading with a few changes which have been incorporated into the ordinance.

TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Christina Baker, City Clerk
DATE: April 13, 2022
SUBJECT: ADOPTION OF ORDINANCE NO. O-22-1387 (SECOND READING)

AMENDING THE CITY CODE TO ALIGN BOARD AND

COMMISSION TERM START DATES, ADJUST BOARD AND

COMMISSION MEETING TIMES, AND ELIMINATE THE

ALTERNATE POSITIONS FOR THE PUBLIC SAFETY
COMMISSION AND LIBRARY BOARD OF TRUSTEES; AND
APPROVAL OF RESOLUTION NO. R-22-10, ADJUSTING MEETING

DATES AND START TIMES FOR ADVISORY BODIES
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Page 173 of 358 ends

DISCUSSION
At the March 9, 2022 City Council meeting, Council removed the dissolution of the Recreation Commission from the ordinance, and requested that a new ordinance be brought back to Council that addresses the Recreation Commission. Section 5 pertaining to the Recreation Commission was removed from the ordinance as can be seen in the redlined version of the ordinance (Attachment 2).

Council also added the elimination of the alternate positions for the Public Safety Commission and the Library Board of Trustees to the ordinance. Language referring to the alternate positions for the Public Safety Commission and the Library Board of Trustees has been removed from the ordinance as can be seen in the redlined version of the ordinance (Attachment 2).

One of the changes the ordinance would make if adopted would be to set advisory body meeting dates, time, and location by City Council resolution. Due to this, Resolution No. R-22-10 is included with this staff report for approval. Approval of this resolution is needed with adoption of the ordinance so each advisory body has a Council approved meeting date, start time, and location. The resolution would go into effect at the same time as the ordinance.

FISCAL IMPACT & PROCUREMENT REVIEW
There is no fiscal impact and procurement review is not applicable.

LEGAL REVIEW
The City Attorney’s office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends the Council adopt Ordinance No. O-22-1387 and approve Resolution No. R22-10. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to waive full reading and adopt by title only, Ordinance No. O-22-1387 an Ordinance of the City Council of the City of San Marino Amending the City Code to Align Board and Commission Term Start Dates, Adjust Board and Commission Meeting Times, and Eliminate the Alternate Positions for the Public Safety Commission and Library Board of Trustees; and approve Resolution No. R-22-10.”

ATTACHMENTS

1. Draft Ordinance No. O-22-1387

2. Draft Ordinance No. O-22-1387 Redlined

3. City Code Redline Version

4. Draft Resolution No. R-22-10

Page 174 of 358 ends

ORDINANCE NO. O-22-1387

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

MARINO AMENDING THE CITY CODE TO ALIGN BOARD AND

COMMISSION TERM START DATES, ADJUST BOARD AND

COMMISSION MEETING TIMES, AND ELIMINATE THE ALTERNATE

POSITIONS FOR THE PUBLIC SAFETY COMMISSION AND LIBRARY

BOARD OF TRUSTEES

THE CITY COUNCIL OF THE CITY OF SAN MARINO HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Article 08, Chapter II of the San Marino City Code is hereby amended as follows as it pertains to the Planning Commission:

02.08.01: CREATION AND COMPOSITION:

There is hereby created a city Planning Commission which shall consist of five (5) members. Each member shall be an elector of the City.

02.08.02: APPOINTMENT AND TERM:

The Planning Commission shall consist of five (5) members and two (2) alternates appointed by the Mayor, with the approval of the Council. All members of the Planning Commission shall be persons residing in the City. (Ord. 0-15-1300, 9-25-2015) Members of the Commission shall serve a term of four (4) years, with terms commencing June 1 of the year of appointment; except, that of the commissioners first appointed, two (2) shall serve terms of two (2) years and three (3) shall serve terms of four (4) years. Thereafter, all commissioners shall serve a term of four (4) years and until a successor has been appointed.

Commencing with terms that begin on or after July 1, 2010, no commissioner may serve more than two (2) consecutive terms; however, after waiting a period of at least two (2) years following the end of the second consecutive term, a commissioner may be reappointed for not more than two (2) additional consecutive terms. Alternates may serve an unlimited number of consecutive terms.

The Planning Commission shall take action by majority vote of those present and constituting a quorum. A quorum shall consist of three (3) members, or member and alternates. An alternate shall serve when any member is absent or has recused themselves from a specific case.

02.08.03: VACANCIES:

Vacancies to the Planning Commission shall be filled by appointment of the Mayor with the approval of the Council, after providing for a twenty (20) day public notice period of such vacancy.

Appointment to fill a vacancy shall be for the remainder of the unexpired term.

Page 175 of 358 ends

ORDINANCE NO. O-22-1387
PAGE 2 of 7

02.08.04: CHAIRPERSON AND VICE CHAIRPERSON:

The members of the Planning Commission shall select a chairperson and a vice chairperson from among its members as established by City Council resolution.

02.08.05: COMPENSATION AND EXPENSES:

Members of the Planning Commission shall serve without compensation.

Expenses of members of the Commission in attendance at meetings related to their duties as members of the Planning Commission shall be paid for by the City when such attendance is approved by the Council.

02.08.06: MEETINGS:

The Planning Commission shall meet each and every calendar month at such date, time, and location as the City Council shall establish by resolution. Special meetings may be called by action of the chairperson or by any three (3) members of the Commission.

02.08.07: SECRETARY TO COMMISSION; RECORDS:

The Community Development Director shall be the secretary of the Commission. All proceedings and actions by the Commission shall be public records, and the secretary shall record and preserve them.

02.08.08: DUTIES:

A. State Law: The Commission shall be charged with such duties and shall be granted such powers as are granted to municipal planning commissions under provisions of the laws of the state 1.

B. City Code: The Commission shall be charged with such duties and shall be granted such powers as are assigned to the commission under provisions of this code.

C. Advisory Agency: The Commission is hereby designated as the "advisory agency" of the City as defined in section 66415 of the state Government Code.

SECTION 2. Article 15, Chapter XXIII of the San Marino City Code is hereby amended as follows as it pertains to the Design Review Committee:

23.15.01: DESIGN REVIEW COMMITTEE ESTABLISHED:

The Design Review Committee (hereinafter the DRC) of the City is hereby established.

Page 176 of 358 ends

ORDINANCE NO. O-22-1387
PAGE 3 of 7
The Design Review Committee shall consist of five (5) members and two (2) alternates appointed by the Mayor, with the approval of the Council. All members of the Design Review Committee shall be persons residing in the City.

Members shall serve a term of two (2) years with the terms commencing on June 1 of the first year of appointment; except, that of the DRC members first appointed, three (3) regular members shall serve a term of two (2) years and two (2) shall serve a term of one year. One alternate shall serve a term of two (2) years and one shall serve a term of one year. Thereafter, all DRC members and alternates shall serve terms of two (2) years and until a successor has been appointed. Commencing with terms that begin on or after July 1, 2010, no committee member may serve more than four (4) consecutive terms; however, after waiting a period of at least two (2) years following the end of the second term, a Commissioner may be reappointed for not more than two (2) consecutive terms.

Commencing with terms that begin on or after July 1, 1992, no member of the DRC may serve more than three (3) consecutive terms; however, after waiting a period of at least two (2) years following the end of the third consecutive term, a member may be reappointed. Alternates may serve an unlimited number of consecutive terms.

The members of the DRC shall select a Chairperson and Vice Chairperson from among its members as established by City Council resolution.

The DRC shall establish written rules of operation which shall be approved by the Council.

23.15.02: STAFF SUPPORT:

The City Manager shall assign the Community Development Director or other staff support to the DRC as may be required for the committee to fulfill its obligations. The Community Development Director or his/her designee shall act as Secretary to the DRC.

23.15.03: MEETINGS AND QUORUM:

The DRC shall hold its regular at such date, time, and location as the City Council shall establish by resolution. The DRC shall take action by majority vote of those present and constituting a quorum. A quorum shall consist of three (3) members or members and alternates. An alternate shall serve when any member is absent.

SECTION 3. Article 09, Chapter II of the San Marino City Code is hereby amended as follows as it pertains to the Library Board:

02.09.01: CREATION AND COMPOSITION:

There is hereby created a city Library Board which shall consist of five (5) members. Each member shall be an elector of the City.

02.09.02: APPOINTMENT AND TERM:

Members shall be appointed by the Mayor with the approval of the Council.

Page 177 of 358 ends

ORDINANCE NO. O-22-1387
PAGE 4 of 7
Members of the board shall serve a term of three (3) years with terms commencing on June 1 of the year of appointment; except, that of the board members first appointed, two (2) shall serve terms of one year, two (2) shall serve a term of two (2) years and one shall serve a term of three (3) years. Thereafter, all board members shall serve a term of three (3) years commencing on June 1 of the year of appointment and until a successor has been appointed. Commencing July 1, 2010, no commissioner may serve more than two (2) consecutive terms; however, after waiting a period of at least two (2) years following the end of the second term, a commissioner may be reappointed for not more than two (2) additional consecutive terms.

02.09.03: VACANCIES:

Vacancies to the library board shall be filled by appointment of the Mayor with approval of the Council, after providing for a twenty (20) day public notice period of such vacancy. Appointment to fill a vacancy shall be for the remainder of the unexpired term.

02.09.04: CHAIRPERSON AND VICE CHAIRPERSON:

The members of the Library Board shall select a chairperson and a vice chairperson from among its members as established by City Council resolution.

02.09.05: SECRETARY:

The City Manager shall assign the Community Services Director or other staff support to the Library Board as may be required for the board to fulfill its obligations. The Community Services Director or his/her designee shall act as Secretary to the Library Board.

02.09.06: COMPENSATION AND EXPENSES:

Members of the Library Board shall serve without compensation.

Expenses of members of the Board in attendance at meetings related to their duties as members of the Library Board shall be paid for by the City when such attendance is approved by the Council.

02.09.07: MEETINGS AND QUORUM:

The Board shall hold its regular meetings at such date, time, and location as the City Council shall establish by resolution. The Board shall take action by majority vote of those present and constituting a quorum. A quorum shall consist of three (3) members.

02.09.08: DUTIES:

The Library Board shall have such duties and responsibilities as may be established pursuant to sections 18900 through 18965 of the state Education Code, except as specifically precluded herein.

Page 178 of 358 ends

ORDINANCE NO. O-22-1387
PAGE 5 of 7
The Library Board shall also advise and inform the Council on matters pertaining to the programs and materials provided by the library and to advise the City Manager on budgetary matters.

02.09.09: COMPLIANCE WITH CITY REGULATIONS:

The Library Board shall comply with all provisions of the city's personnel and finance administration for all activities or operations funded pursuant to an allocation to the library by the Council.

SECTION 4. Article 14, Chapter II of the San Marino City Code is hereby amended as follows as it pertains to the Public Safety Commission:

02.14.01: CREATION AND COMPOSITION:

There is hereby created the Public Safety Commission, which shall consist of five (5) members.

Each member shall be an elector of the City.

02.14.02: APPOINTMENT AND TERM:

Members of the Public Safety Commission shall be appointed by the Mayor with the approval of the Council.

Members of the Commission shall serve terms of four (4) years, with terms commencing June 1 of the year of appointment; except, that of the Commissioners first appointed, two (2) members shall serve terms of two (2) years and three (3) members shall serve terms of four (4) years.

Thereafter, all Commissioners shall serve a term of four (4) years and until a successor has been appointed.

The City Council may remove any member of the Commission at any time. Vacancies shall be filled by appointment for the unexpired portion of the remaining time in the same manner as the original appointment.

No Commissioner may serve more than two (2) consecutive terms; however, after waiting a period of at least two (2) years following the end of the second term, a Commissioner may be reappointed to not more than two (2) additional consecutive terms.

No member serving on the Public Safety Commission shall be permitted more than two (2) excused absences per fiscal year. No unexcused absences are allowed.

02.14.05: COMPENSATION AND EXPENSES:

Members of the Public Safety Commission shall serve without compensation.

Expenses of members of the Commission in attendance at meetings related to their duties as members of the Public Safety Commission shall be paid for by the City when such attendance is approved by the Council.

Page 179 of 358 ends

ORDINANCE NO. O-22-1387
PAGE 6 of 7

02.14.06: MEETINGS:

The Public Safety Commission shall meet each and every calendar month at such date, time, and location as the City Council shall establish by resolution.

SECTION 5. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published by title and summary.

SECTION 6. This ordinance shall take effect 30 days following publication by title and summary.

PASSED, APPROVED, AND ADOPTED this 13th day of April, 2022. _____________________________

SUSAN JAKUBOWSKI
MAYOR
ATTEST:
___________________________

CHRISTINA BAKER

CITY CLERK
APPROVED AS TO FORM:
____________________________________

JOSEPH MONTES

CITY ATTORNEY

Page 180 of 358 ends

ORDINANCE NO. O-22-1387
PAGE 7 of 7

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SAN MARINO )
I HERBY CERTIFY that the foregoing Ordinance No. O-22-1387, was introduced at a Regular Meeting of the City Council held on the 9th day of March, 2022, and was approved and adopted at a Regular Meeting of the City Council held on the 13th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTINA BAKER

CITY CLERK

Page 181 of 358 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 182 of 358 ends

ORDINANCE NO. O-22-1387

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

MARINO AMENDING THE CITY CODE TO ALIGN BOARD AND

COMMISSION TERM START DATES, DECOMMISSION THE

RECREATION COMMISSION, AND ADJUST BOARD AND

COMMISSION MEETING TIMES, AND ELIMINATE THE ALTERNATE

POSITIONS FOR THE PUBLIC SAFETY COMMISSION AND LIBRARY

BOARD OF TRUSTEES

THE CITY COUNCIL OF THE CITY OF SAN MARINO HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Article 08, Chapter II of the San Marino City Code is hereby amended as follows as it pertains to the Planning Commission:

02.08.01: CREATION AND COMPOSITION:

There is hereby created a city Planning Commission which shall consist of five (5) members. Each member shall be an elector of the City.

02.08.02: APPOINTMENT AND TERM:

Page 183 of 358 ends

ORDINANCE NO. O-22-1387
PAGE 2 of 7

02.08.03: VACANCIES:

Vacancies to the Planning Commission shall be filled by appointment of the Mayor with the approval of the Council, after providing for a twenty (20) day public notice period of such vacancy.

Appointment to fill a vacancy shall be for the remainder of the unexpired term.

02.08.04: CHAIRPERSON AND VICE CHAIRPERSON:

The members of the Planning Commission shall select a chairperson and a vice chairperson from among its members as established by City Council resolution.

02.08.05: COMPENSATION AND EXPENSES:

Members of the Planning Commission shall serve without compensation.

02.08.06: MEETINGS:

02.08.07: SECRETARY TO COMMISSION; RECORDS:

The Community Development Director shall be the secretary of the Commission. All proceedings and actions by the Commission shall be public records, and the secretary shall record and preserve them.

02.08.08: DUTIES:

A. State Law: The Commission shall be charged with such duties and shall be granted such powers as are granted to municipal planning commissions under provisions of the laws of the state 1.

B. City Code: The Commission shall be charged with such duties and shall be granted such powers as are assigned to the commission under provisions of this code.

C. Advisory Agency: The Commission is hereby designated as the "advisory agency" of the City as defined in section 66415 of the state Government Code.

SECTION 2. Article 15, Chapter XXIII of the San Marino City Code is hereby amended as follows as it pertains to the Design Review Committee:

Page 184 of 358 ends

ORDINANCE NO. O-22-1387
PAGE 3 of 7

23.15.01: DESIGN REVIEW COMMITTEE ESTABLISHED:

The Design Review Committee (hereinafter the DRC) of the City is hereby established.

The Design Review Committee shall consist of five (5) members and two (2) alternates appointed by the Mayor, with the approval of the Council. All members of the Design Review Committee shall be persons residing in the City.

The members of the DRC shall select a Chairperson and Vice Chairperson from among its members as established by City Council resolution.

The DRC shall establish written rules of operation which shall be approved by the Council.

23.15.02: STAFF SUPPORT:

23.15.03: MEETINGS AND QUORUM:

SECTION 3. Article 09, Chapter II of the San Marino City Code is hereby amended as follows as it pertains to the Library Board:

02.09.01: CREATION AND COMPOSITION:

There is hereby created a city Library Board which shall consist of five (5) members and two (2) alternates. Each member and alternate shall be an elector of the City.

Page 185 of 358 ends

ORDINANCE NO. O-22-1387
PAGE 4 of 7

02.09.02: APPOINTMENT AND TERM:

Members and alternates shall be appointed by the Mayor with the approval of the Council.

Commencing July 1, 2010, no commissioner may serve more than two (2) consecutive terms; however, after waiting a period of at least two (2) years following the end of the second term, a commissioner may be reappointed for not more than two (2) additional consecutive terms.

02.09.03: VACANCIES:

02.09.04: CHAIRPERSON AND VICE CHAIRPERSON:

The members of the Library Board shall select a chairperson and a vice chairperson from among its members as established by City Council resolution.

02.09.05: SECRETARY:

02.09.06: COMPENSATION AND EXPENSES:

Members of the Library Board shall serve without compensation.

Expenses of members of the Board in attendance at meetings related to their duties as members of the Library Board shall be paid for by the City when such attendance is approved by the Council.

02.09.07: MEETINGS AND QUORUM:

An alternate shall serve when any member is absent.

Page 186 of 358 ends

ORDINANCE NO. O-22-1387
PAGE 5 of 7

02.09.08: DUTIES:

The Library Board shall have such duties and responsibilities as may be established pursuant to sections 18900 through 18965 of the state Education Code, except as specifically precluded herein.

The Library Board shall also advise and inform the Council on matters pertaining to the programs and materials provided by the library and to advise the City Manager on budgetary matters.

02.09.09: COMPLIANCE WITH CITY REGULATIONS:

The Library Board shall comply with all provisions of the city's personnel and finance administration for all activities or operations funded pursuant to an allocation to the library by the Council.

SECTION 4. Article 14, Chapter II of the San Marino City Code is hereby amended as follows as it pertains to the Public Safety Commission:

02.14.01: CREATION AND COMPOSITION:

There is hereby created the Public Safety Commission, which shall consist of five (5) members and one alternate. Each member shall be an elector of the City.

02.14.02: APPOINTMENT AND TERM:

Members and the alternate of the Public Safety Commission shall be appointed by the Mayor with the approval of the Council.

Members and the alternate of the Commission shall serve terms of four (4) years, with terms commencing June 1 of the year of appointment; except, that of the Commissioners first appointed, two (2) members and the alternate member shall serve terms of two (2) years and three (3) members shall serve terms of four (4) years. Thereafter, all Commissioners shall serve a term of four (4) years and until a successor has been appointed.

No member serving on the Public Safety Commission shall be permitted more than two (2) excused absences per fiscal year. No unexcused absences are allowed.

Page 187 of 358 ends

ORDINANCE NO. O-22-1387
PAGE 6 of 7

02.14.05: COMPENSATION AND EXPENSES:

Members of the Public Safety Commission shall serve without compensation.

02.14.06: MEETINGS:

The Public Safety Commission shall meet each and every calendar month at such date, time, and location as the City Council shall establish by resolution.

SECTION 5. Article 13, Chapter II of the San Marino City Code, as related to the Recreation Commission, is hereby deleted in its entirety.

SECTION 56. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published by title and summary.

SECTION 67. This ordinance shall take effect 30 days following publication by title and summary.

PASSED, APPROVED, AND ADOPTED this 13xxth day of AprilMonth, 2022. _____________________________

SUSAN JAKUBOWSKI
MAYOR
ATTEST:
___________________________

CHRISTINA BAKER

CITY CLERK
APPROVED AS TO FORM:
____________________________________

JOSEPH MONTES

CITY ATTORNEY

Page 188 of 358 ends

ORDINANCE NO. O-22-1387
PAGE 7 of 7

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTINA BAKER

CITY CLERK

Page 189 of 358 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 190 of 358 ends

PLANNING COMMISSION

02.08.01: CREATION AND COMPOSITION:

There is hereby created a city Pplanning Ccommission which shall consist of five (5) members.

Each member shall be an elector of the Ccity. (Ord. 951, 3-8-1989)

02.08.02: APPOINTMENT AND TERM:

The Pplanning Ccommission shall consist of five (5) members and two (2) alternates appointed by the Mmayor, with the approval of the Ccouncil. All members of the Pplanning Ccommission shall be persons residing in the cCity. (Ord. 0-15-1300, 9-25-2015) Members of the Ccommission shall serve a term of four (4) years, with terms commencing June 1 of the year of appointment; except, that of the commissioners first appointed, two (2) shall serve terms of two (2) years and three (3) shall serve terms of four (4) years. Thereafter, all commissioners shall serve a term of four (4) years and until a successor has been appointed.

The Pplanning Ccommission shall take action by majority vote of those present and constituting a quorum. A quorum shall consist of three (3) members, or members and alternates. An alternate shall serve when any member is absent or has recused themselves from a specific case. (Ord. 0- 10-1240, 9-24-2010)

02.08.03: VACANCIES:

Vacancies to the Pplanning Ccommission shall be filled by appointment of the Mmayor with the approval of the Ccouncil, after providing for a twenty (20) day public notice period of such vacancy. Appointment to fill a vacancy shall be for the remainder of the unexpired term. (Ord. 951, 3-8-1989)

02.08.04: CHAIRPERSON AND VICE CHAIRPERSON:

The members of the Pplanning Ccommission shall select a chairperson and a vice chairperson from among its members as established by Ccity Ccouncil resolution. (Ord. 0-10-1232, 6-25- 2010)

02.08.05: COMPENSATION AND EXPENSES:

Members of the pPlanning Ccommission shall serve without compensation.

Expenses of members of the Ccommission in attendance at meetings related to their duties as members of the Pplanning Ccommission shall be paid for by the Ccity when such attendance is approved by the Ccouncil. (Ord. 951, 3-8-1989)

02.08.06: MEETINGS:

The Pplanning Ccommission shall meet on the fourth Wednesday of each and every calendar month at such date, time, and location as the City Council shall establish by resolution at the hour of seven o'clock (7:00) P.M. in the council chamber of the city hall. Special meetings may be

Page 191 of 358 ends

called by action of the chairperson or by any three (3) members of the Ccommission. (Ord. 1003, 12-11-1991)

02.08.07: SECRETARY TO COMMISSION; RECORDS:

The planning and buildingCommunity Development Ddirector shall be the secretary of the Ccommission. All proceedings and actions by the Ccommission shall be public records, and the secretary shall record and preserve them. (Ord. 1003, 12-11-1991)

02.08.08: DUTIES:

A. State Law: The Commission shall be charged with such duties and shall be granted such powers as are granted to municipal planning commissions under provisions of the laws of the state 1 .

B. City Code: The Commission shall be charged with such duties and shall be granted such powers as are assigned to the commission under provisions of this code.

C. Advisory Agency: The Commission is hereby designated as the "advisory agency" of the City as defined in section 66415 of the state Government Code. (Ord. 951, 3-8-1989)

DESIGN REVIEW COMMITTEE

23.15.01: DESIGN REVIEW COMMITTEE ESTABLISHED:

The Design Review Committee (hereinafter the DRC) of the City is hereby established. (Ord. 0- 10-1232, 6-25-2010)
The Design Review Committee shall consist of five (5) members and two (2) alternates appointed by the Mayor, with the approval of the Council. All members of the Design Review Committee shall be persons residing in the City. (Ord. 0-15-1300, 9-25-2015) Members shall serve a term of two (2) years with the terms commencing on July 1June 1 of the first year of appointment; except, that of the DRC members first appointed, three (3) regular members shall serve a term of two (2) years and two (2) shall serve a term of one year. One alternate shall serve a term of two (2) years and one shall serve a term of one year. Thereafter, all DRC members and alternates shall serve terms of two (2) years and until a successor has been appointed. Commencing with terms that begin on or after July 1, 2010, no committee member may serve more than four (4) consecutive terms; however, after waiting a period of at least two (2) years following the end of the second term, a Commissioner may be reappointed for not more than two (2) consecutive terms.

The members of the DRC shall select a Chairperson and Vice Chairperson from among its members as established by City Council resolution.

Meetings shall be held semimonthly, or more frequently as necessary to transact the business of the DRC, on dates and at times to be established by the Chairperson. The DRC shall take action

Page 192 of 358 ends

by majority vote of those present and constituting a quorum. A quorum shall consist of three (3) members or members and alternates. An alternate shall serve when any member is absent.

The DRC shall establish written rules of operation which shall be approved by the Council. (Ord. 0-10-1232, 6-25-2010)

23.15.02: STAFF SUPPORT:

23.15.03: MEETINGS AND QUORUM:

The DRC shall hold its regular meetings at such date, time, and location as the City Council shall establish by resolution. The DRC shall take action by majority vote of those present and constituting a quorum. A quorum shall consist of three (3) members or members and alternates.

An alternate shall serve when any member is absent.

LIBRARY BOARD OF TRUSTEES

02.09.01: CREATION AND COMPOSITION:

There is hereby created a city Llibrary Bboard which shall consist of five (5) members and two (2) alternates. Each member and alternate shall be an elector of the Ccity. (Ord. 096-1094, 7-10- 1996)

02.09.02: APPOINTMENT AND TERM:

Members and alternates shall be appointed by the Mmayor with the approval of the Ccouncil.

Members of the board shall serve a term of three (3) years with terms commencing on June 1 of the year of appointment; except, that of the board members first appointed, two (2) shall serve terms of one year, two (2) shall serve a term of two (2) years and one shall serve a term of three (3) years. Thereafter, all board members and alternates shall serve a term of three (3) years commencing on June 1 of the year of appointment and until a successor has been appointed. Commencing July 1, 2010, no commissioner may serve more than two (2) consecutive terms; however, after waiting a period of at least two (2) years following the end of the second term, a commissioner may be reappointed for not more than two (2) additional consecutive terms. (Ord. 0-10-1228, 5-12-2010)

02.09.03: VACANCIES:

Vacancies to the library board shall be filled by appointment of the Mmayor with approval of the Ccouncil, after providing for a twenty (20) day public notice period of such vacancy. Appointment to fill a vacancy shall be for the remainder of the unexpired term. (Ord. 951, 3-8-1989)

02.09.04: CHAIRPERSON AND VICE CHAIRPERSON:

The members of the Llibrary Bboard shall select a chairperson and a vice chairperson from among its members as established by Ccity Ccouncil resolution. (Ord. 0-10-1232, 6-25-2010)

02.09.05: SECRETARY:

The City Manager shall assign the Community Services Director or other staff support to the Library Board as may be required for the board to fulfill its obligations. The Community Services

Page 193 of 358 ends

Director or his/her designee shall act as Secretary to the Library Board. The library board shall select a secretary to the board from among its members. The secretary shall serve for a one year term and may serve an unlimited number of terms. (Ord. 951, 3-8-1989)

02.09.06: COMPENSATION AND EXPENSES:

Members of the lLibrary Bboard shall serve without compensation.

Expenses of members of the Bboard in attendance at meetings related to their duties as members of the Llibrary Bboard shall be paid for by the Ccity when such attendance is approved by the cCouncil. (Ord. 951, 3-8-1989)

02.09.07: MEETINGS AND QUORUM:

The Bboard shall hold its regular meetings at such date, time, and location as the City Council shall establish by resolutionin the public library at such times as the city council shall establish by resolution. The Bboard shall take action by majority vote of those present and constituting a quorum. A quorum shall consist of three (3) members or members and alternates. An alternate shall serve when any member is absent. (Ord. 0-14-1282, 9-26-2014)

02.09.08: DUTIES:

The Llibrary Bboard shall have such duties and responsibilities as may be established pursuant to sections 18900 through 18965 of the state Education Code, except as specifically precluded herein.

The Llibrary Bboard shall also advise and inform the Ccouncil on matters pertaining to the programs and materials provided by the library and to advise the cCity Mmanager on budgetary matters. (Ord. 951, 3-8-1989)

02.09.09: COMPLIANCE WITH CITY REGULATIONS:

The Llibrary Bboard shall comply with all provisions of the city's personnel and finance administration for all activities or operations funded pursuant to an allocation to the library by the Ccouncil. (Ord. 951, 3-8-1989)

PUBLIC SAFETY COMMISSION

02.14.01: CREATION AND COMPOSITION:

There is hereby created the Public Safety Commission, which shall consist of five (5) members and one alternate. Each member shall be an elector of the City. (Ord. 0-18-1334, 2-14-2018, eff. 3-16-2018)

02.14.02: APPOINTMENT AND TERM:

Members and the alternate member of the Public Safety Commission shall be appointed by the Mayor with the approval of the Council.

Members and the alternate member of the Ccommission shall serve terms of four (4) years, with terms commencing July June 1 of the year of appointment; except, that of the Commissioners first appointed, two (2) members and the alternate member shall serve terms of two (2) years and three (3) members shall serve terms of four (4) years. Thereafter, all Commissioners shall serve a term of four (4) years and until a successor has been appointed.

Page 194 of 358 ends

The City Council may remove any member of the Ccommission at any time. Vacancies shall be filled by appointment for the unexpired portion of the remaining time in the same manner as the original appointment.

No member serving on the Public Safety Commission shall be permitted more than two (2) excused absences per fiscal year. No unexcused absences are allowed. (Ord. 0-18-1334, 2-14- 2018, eff. 3-16-2018)

02.14.03: VACANCIES:

Vacancies to the Public Safety Commission shall be filled by appointment of the Mayor with the approval of the Council, after complying with any waiting period required by law. Appointment to fill a vacancy shall be for the remainder of the unexpired term. (Ord. 0-18-1334, 2-14-2018, eff. 3-16-2018)

02.14.04: CHAIRPERSON AND VICE CHAIRPERSON:

The members of the Public Safety Commission shall select a Chairperson and a Vice Chairperson from among its members as established by City Council resolution. (Ord. 0-18-1334, 2-14-2018, eff. 3-16-2018)

02.14.05: COMPENSATION AND EXPENSES:

Members of the Public Safety Commission shall serve without compensation.

Expenses of members of the Ccommission in attendance at meetings related to their duties as members of the Public Safety Commission shall be paid for by the City when such attendance is approved by the Council. (Ord. 0-18-1334, 2-14-2018, eff. 3-16-2018)

02.14.06: MEETINGS:

The Public Safety Commission shall meet on the first Monday of each and every calendar month at such date, time, and location as the City Council shall establish by resolutionat the hour of seven o'clock (7:00) P.M. in the Barth Room of the Crowell Library. (Ord. 0-18-1334, 2-14-2018, eff. 3-16-2018; amd. Ord. O-20-1361, 4-8-2020)

02.14.07: SECRETARY TO COMMISSION; RECORDS:

The Police Chief shall be the Secretary of the commission. All proceedings and actions by the commission shall be public records, and the Secretary shall record and preserve them.

All officers, departments and department heads of the City shall cooperate and render all reasonable and necessary assistance to the Public Safety Commission. (Ord. 0-18-1334, 2-14- 2018, eff. 3-16-2018)

02.14.08: ADVISORY BOARD TO THE CITY COUNCIL:

The Public Safety Commission shall act solely as an advisory board to the City Council and an advocate for public safety and traffic services with respect to matters relating to public safety, including understanding police and fire operations, crime prevention, emergency preparedness, traffic and transportation, and any other matters which may be assigned to it from time to time by the City Council, and shall study and make recommendations as to such matters

Page 195 of 358 ends

directly to the City Council in an advisory capacity. Unless expressly authorized by the City Council, the commission shall not represent itself to be acting for or on behalf of the City Council, nor shall it commit the officers, employees, or staff of the City in any manner or to any course of action. To the contrary, the commission shall act as a study center and clearinghouse for advisory action to the City Council. (Ord. 0-18-1334, 2-14-2018, eff. 3-16-2018)

Page 196 of 358 ends

RESOLUTION NO. R-22-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA, CHANGING THE

REGULAR MEETING TIME OF THE PLANNING

COMMISSION, DESIGN REVIEW COMMITTEE, AND

PUBLIC SAFETY COMMISSION
WHEREAS, the Planning Commission holds its regular meetings in the Council Chambers at City Hall on the fourth Wednesday of the month at 7:00 PM; WHEREAS, the Planning Commission has requested to change its regular meeting time from 7:00 PM to 6:00 PM, subject to City Council approval; WHEREAS, the Design Review Committee holds its regular meetings in the Council Chambers at City Hall semi-monthly at 7:00 PM;
WHEREAS, the Design Review Committee has requested to change its regular meeting time from 7:00 PM to 6:00 PM, commencing after June 1, 2022, subject to City Council approval; WHEREAS, the Public Safety Commission holds its regular meetings in the Barth Room at Crowell Public Library on the first Monday of the month at 7:00 PM; WHEREAS, the Public Safety Commission has requested to change its regular meeting to the third Monday of the month at 6:00 PM, subject to City Council approval; and WHEREAS, the Library Board of Trustees holds its regular meetings at Crowell Public Library on the fourth Monday of the month at 8:00 AM.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. The regular meeting day and time of the Planning Commission is the fourth Wednesday of the month at 6:00 PM in the Council Chambers at City Hall.

SECTION 2. The regular meeting time of the Design Review Committee is semi-monthly at 6:00 PM in the Council Chambers at City Hall, commencing June 1, 2022.

SECTION 3. The regular meeting day and time of the Public Safety Commission is the third Monday of the month at 6:00 PM in the Barth Room at Crowell Public Library.

SECTION 4. The regular meeting day and time of the Library Board of Trustees is the fourth Monday of the month at 8:00 AM in the Barth Room at Crowell Public Library.

Page 197 of 358 ends

CITY OF SAN MARINO RESOLUTION NO. R-22-10
PAGE 2 OF 2
PASSED, APPROVED, AND ADOPTED, at a Regular Meeting of the City Council of the City of San Marino, California, on this 13th day of April, 2022. ______________________________________

SUSAN JAKUBOWSKI, MAYOR

CITY OF SAN MARINO
ATTEST:
__________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SAN MARINO )
I, Christina Baker, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-22-10 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 13th day of April, 2022, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO

Page 198 of 358 ends

0 STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Engaged and Connected Residents
• Safe Community
• Well-Maintained Infrastructure
• Fiscally Responsible and Transparent City Government
• Inviting and Relevant City Facilities

BACKGROUND
At the March 25, 2022 City Council meeting, the Council introduced for first reading Ordinance No. O-22-1388 updating code provisions governing prohibited activities in Lacy Park. The attached ordinance includes the revisions included on the record by the City Council at the first reading, shown in redline.

FISCAL IMPACT & PROCUREMENT REVIEW
There is no fiscal impact from the proposed revisions

LEGAL REVIEW
The City Attorney prepared this report.

RECOMMENDATION
Staff recommends the City Council introduce the Ordinance for second reading and adopt the same. If the City Council concurs with staff’s recommendation, an appropriate motion would be:

TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Joseph Montes, City Attorney
DATE: April 13, 2022
SUBJECT: ADOPTION OF ORDINANCE NO. O-22-1388 (SECOND READING) AMENDING CHAPTER 17.02 REGARDING PROHIBITED

ACTIVITIES IN LACY PARK, INCLUDING SMOKING
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Page 199 of 358 ends

“I move to waive full reading and adopt by title only, Ordinance No. O-22-1388 an Ordinance of the City Council of the City of San Marino, California Amending Chapter 17.02 pertaining to restrictions on activities in Lacy Park, including smoking.”

ATTACHMENTS

1. Ordinance No. O-22-1388

Page 200 of 358 ends

ORDINANCE NO. O-22-1388

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA AMENDING CHAPTER

17.02 OF THE SAN MARINO MUNICIPAL CODE

PERTAINING TO RESTRICTIONS ON ACTIVITIES IN

LACY PARK, INCLUDING SMOKING
THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:

SECTION 2. Chapter 17.02 of the San Marino Municipal Code is amended as shown in Exhibit A.

SECTION 3. CEQA. This Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“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 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City

Page 201 of 358 ends

Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 5. PUBLICATION AND EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law.

PASSED, APPROVED, AND ADOPTED this 13th day of April, 2022. _____________________________

SUSAN JAKUBOWSKI
MAYOR
ATTEST:
___________________________

CHRISTINA BAKER

CITY CLERK
APPROVED AS TO FORM:
____________________________

JOSEPH MONTES

CITY ATTORNEY

Page 202 of 358 ends

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SAN MARINO )
I HERBY CERTIFY that the foregoing Ordinance No. O-22-1388, was introduced at a Regular Meeting of the City Council held on the 25th day of March, 2022, and was approved and adopted at a Regular Meeting of the City Council held on the 13th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTINA BAKER

CITY CLERK

Page 203 of 358 ends

Exhibit A

Page 204 of 358 ends

IRV #4895-8996-3284 v1

17.02.03: GENERAL PROHIBITED ACTIVITIES:

It shall be unlawful for any person to perform in Lacy Park any of the activities prohibited below, except as may be specifically allowed by the City Manager:

A. Buildings and Other Property: No person shall wilfullywillfully mark, deface, disfigure, injure, tamper with, nor displace or remove any buildings, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

B. Removal of Natural Resources: No person shall dig or remove any soil, rock, stone, trees, shrubs or plants, downed timber or other wood, nor make any excavation by tool, equipment, blasting or other means or agency.

C. Damage to Trees, Shrubbery and Lawns: No person shall damage, cut, carve, transplant or remove any tree or plant or injure the bark thereof, nor pick the flowers or seeds of any tree or plant, nor shall any person attach any rope, wire or other contrivance to any tree or plant. No person shall dig in or otherwise disturb grass areas, nor in any other way injure or impair the natural beauty or usefulness of any area.

D. Climbing Trees And Fixtures: No person shall climb any tree or building, nor walk, stand or sit upon any monuments, vases, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.

E. Erection Of Structures: No person shall construct or erect any building or structure of whatsoever kind, whether permanent or temporary, nor run or string any public utility into, upon or across such lands, except on special written permit issued by the city. (Ord. 954, 3-8-1989) F. Violation Of Posted Park Rules: The city council shall have the authority to establish rules and regulations for use of the park. No person shall violate any rule or regulation concerning use of the park approved by the city council and displayed on at least one sign posted at an entrance to the park. (Ord. 0-14-1283, 11-12-2014)
G. Hunting And Firearms: No person shall hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings or any other form of weapons potentially inimical to wildlife and dangerous to human safety, nor any instrument that can be loaded with and fire blank cartridges, nor any kind of trapping device. Shooting into a park area from beyond the park boundaries is forbidden.

H. Camping: No person shall set up tents, shacks or any other temporary shelter for the purpose of overnight camping without a written permit from the city. Tents or similar shade structures for any other purpose may not have more than three enclosed sides.

Page 205 of 358 ends

IRV #4895-8996-3284 v1
I. Horseback Riding: No person shall ride a horse, nor allow a horse or other animal, except as provided for in this article, to enter the park.

J. Vending And Peddling: Except as provided in any permit issued by the city council, no person shall expose or offer for sale any article, service or thing, nor shall station or place any stand, cart or vehicle for the transportation, sale or display of any such article, service or thing, nor shall offer or perform any service, trade or occupation within the park or carry out any business activity whatsoever.

K. Signs: No person shall paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatsoever, nor erect or cause to be erected any sign whatsoever on any public lands or highways or roads adjacent to a park.

L. Fires: No person shall build or attempt to build a fire, except in such area and under such regulations as may be designated by the director of public works and Fire Chief. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable materials within any park area or on any highway, road or street abutting or contiguous thereto.

M. Games Of Chance: No person shall gamble or be a participant in or abet any game of chance.

N. Fireworks And Explosives: No person shall bring or have in his/her possession or set off or otherwise cause to explode or discharge or burn any firecrackers or other fireworks or explosives or inflammable material, nor discharge or throw same into any such area from land or highways adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound possessed by said person, would be inflammable or explosive. This provision shall not apply to City events. (Ord. 954, 3-8-1989; amd. 1994 Code)
O. Remote Controlled Toys: No person shall bring or operate any remote controlled toy, including a drone. A drone shall mean any type of aircraft that operates without onboard pilots or crew. (Ord. 095-1072, 6-14-1995)
P. Amusement Rides: No person shall operate an amusement ride, carnival ride, giant inflatable slide, bounce house, jumper or similar equipment or device unless the equipment or device is operated as part of a city sponsored event. (Ord. 0-11-1250, 4-13-2011) Q. Intoxicating Beverages Or Drugs: No person shall bring alcoholic beverages or drugscontrolled substances into the park, nor drink alcoholic beverages or use drugsany controlled substance at any time in the park. No person shall enter the park while under the influence of intoxicating liquor or drugsa controlled substance. For purposes of this section, the phrase “controlled substances” shall mean the controlled substances specified in California Health and Safety Code section 11350(a). The prohibition concerning alcoholic beverages set forth herein shall not apply to City events or events for which a City permit has been issued.

Page 206 of 358 ends

IRV #4895-8996-3284 v1
R. Domestic Animals: No person shall bring any dog or other domestic animal into the park unless such animal is on a leash not greater than ten feet (10') in length and such animal remains on said leash at all times while in the park. No domestic animal shall be allowed in any portion of the park marked by signs prohibiting domestic animals in the area. All persons with any such animal are required to clean up and properly dispose of such animal’s waste in a trash receptacle.

S. Cleated Shoes: No person shall wear any cleated shoes within the park.

T. Interference With Permittees: No person shall disturb or interfere unreasonably with any person or party occupying any area, or participating in any lawful activity in the park. (Ord. 954, 3-8-1989)
U. Smoking: Smoking is prohibited in the park. “Smoking” shall have the meaning set forth in Business and Professions Code section 22950.5(c) and means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. “Tobacco product” shall have the meaning set forth in Business and Professions Code section 22950.5(c), and as that section may be subsequently amended, and includes any of the following: (1) a product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff; (2) an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah; and/or (3) any component, part, or accessory of a tobacco product, whether or not sold separately.

V. Pursuant to Health and Safety Code section 11362.3(a)(1), no person shall smoke or ingest cannabis or cannabis products in the park. The term “cannabis” shall have the meaning set forth in Business and Professions Code section 26001(e), and as that section may be subsequently amended. The term “cannabis products” shall have the meaning set forth in Business and Professions Code section 26001(h), and as that section may be subsequently amended.

W. Exhibit Permits: No person shall fail to produce and exhibit any permit from the city authorizing the person to perform any activity in the park upon request of any authorized city employee who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.

X. Amplified Sound. No person shall use or create any amplified sound in the park where such noise violates the provisions of San Marino Municipal Code Chapter 14, Article 4. “Amplified sound” means speech, sounds, or music projected or transmitted by electronic equipment including amplifiers, loudspeakers, microphones, bull horns, or similar devices or combinations of devices which are intended to increase the volume, range, distance, or intensity of speech, sounds, or music and are powered by electricity, batter, or combustible fuel.

Page 207 of 358 ends

IRV #4895-8996-3284 v1

17.02.04: SANITATION PROHIBITED ACTIVITIES:

A. Trash: No person shall cause to be brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash in Lacy Park except in the proper receptacles where provided. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.

B. Restrooms: All persons using the restrooms and washrooms in Lacy Park shall maintain the buildings in a neat and sanitary condition. No person over the age of five (5) years shall use the restrooms and washrooms designated for the opposite sex, unless accompanied by a parent or adult of the designated sex. (Ord. 954, 3-8-1989; amd. 1994 Code)

17.02.05: OTHER PROHIBITED ACTIVITIES:

It shall be unlawful for any person to perform in Lacy Park any of the activities prohibited below, except as may be specifically allowed by the city manager:

A. Hunting And Firearms: No person shall hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings or any other form of weapons potentially inimical to wildlife and dangerous to human safety, nor any instrument that can be loaded with and fire blank cartridges, nor any kind of trapping device. Shooting into a park area from beyond the park boundaries is forbidden.

B. Camping: No person shall set up tents, shacks or any other temporary shelter for the purpose of overnight camping without a written permit from the city.

C. Horseback Riding: No person shall ride a horse, nor allow a horse or other animal, except as provided for in this article, to enter the park.

D. Vending And Peddling: Except as provided in any permit issued by the city council, no person shall expose or offer for sale any article, service or thing, nor shall station or place any stand, cart or vehicle for the transportation, sale or display of any such article, service or thing, nor shall offer or perform any service, trade or occupation within the park or carry out any business activity whatsoever.

E. Advertising: No person shall announce, advertise or call the public attention in any way to any article or service for sale or hire.

F. Signs: No person shall paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatsoever, nor erect or cause to be erected any sign whatsoever on any public lands or highways or roads adjacent to a park.

G. Alms: No person shall solicit alms or contributions for any purpose, whether public or private.

Page 208 of 358 ends

IRV #4895-8996-3284 v1
H. Fires: No person shall build or attempt to build a fire, except in such area and under such regulations as may be designated by the director of public works. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable materials within any park area or on any highway, road or street abutting or contiguous thereto.

I. Games Of Chance: No person shall gamble or be a participant in or abet any game of chance.

J. Fireworks And Explosives: No person shall bring or have in his/her possession or set off or otherwise cause to explode or discharge or burn any firecrackers or other fireworks or explosives or inflammable material, nor discharge or throw same into any such area from land or highways adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound possessed by said person, would be inflammable or explosive. (Ord. 954, 3-8-1989; amd. 1994 Code)

K. Remote Controlled Toys: No person shall bring or operate any remote controlled toy. (Ord. 095-1072, 6-14-1995)

L. Amusement Rides: No person shall operate an amusement ride, carnival ride, giant inflatable slide, bounce house, jumper or similar equipment or device unless the equipment or device is operated as part of a city sponsored event. (Ord. 0-11-1250, 4-13-2011)

17.02.06: BEHAVIOR OF PERSONS IN PARK:

It shall be unlawful for any person to perform in Lacy Park any of the activities prohibited below, except as may be specifically allowed by the city manager:

A. Intoxicating Beverages Or Drugs: No person shall bring alcoholic beverages or drugs into the park, nor drink alcoholic beverages or use drugs at any time in the park. No person shall enter the park while under the influence of intoxicating liquor or drugs.

B. Domestic Animals: No person shall bring any dog or other domestic animal into the park unless such animal is on a leash not greater than ten feet (10') in length and such animal remains on said leash at all times while in the park. No domestic animal shall be allowed in any portion of the park marked by signs prohibiting domestic animals in the area.

C. Loitering, Boisterousness And Noise: No person shall sleep on the seats, benches or other areas in the park, nor engage in loud, boisterous, threatening, abusive, insulting or indecent language, nor engage in loud, unnecessary or unreasonable noise of any type or kind which would tend to disturb the peace or be a nuisance to other persons, nor engage in any disorderly conduct or behavior tending to a breach of the public peace.

D. Cleated Shoes: No person shall wear any cleated shoes within the park.

E. Exhibit Permits: No person shall fail to produce and exhibit any permit from the city authorizing the person to perform any activity in the park upon request of any authorized city

Page 209 of 358 ends

IRV #4895-8996-3284 v1
employee who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.

F. Interference With Permittees: No person shall disturb or interfere unreasonably with any person or party occupying any area, or participating in any lawful activity in the park. (Ord. 954, 3-8-1989)

17.02.0705: TRAFFIC 1 :

It shall be unlawful for any person to perform in Lacy Park any of the activities prohibited below, except as may be specifically permitted by the city manager:

A. Motor Vehicles: No person shall drive or have in his/her possession any motor vehicle, motorcycle, motor driven cycle or motorized bicycle in Lacy Park without the authorization of the director of public works, except in designated parking areas.

B. Parking: No person shall park a vehicle in Lacy Park in other than an established or designated parking area, and such use shall be in accordance with the posted directions and markings thereto and with the instructions of any park attendant who may be present.

C. Bicycles 2 :

1. No person shall ride a bicycle on other than a paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use.

2. No person shall ride a bicycle except at a slow speed and maintaining full control of the bicycle at all times.

3. No person shall ride a bicycle other than on the right hand side of the road paving as close to the edge as conditions permit. Bicycles shall be kept in a single file except when passing.

Bicyclists shall, at all times, operate their bicycles with reasonable regard to the safety of others and in compliance with all applicable safety laws.

4. No person shall ride any other person on a bicycle unless the bicycle is designed for such use.

5. No person shall leave a bicycle in a place other than a bicycle rack if such is provided and there is a space available.

6. No person shall leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by the bicycle.

7. No person shall ride a bicycle after sunset or before sunrise.

8. Parents or guardians shall be responsible at all times for the behavior of their minors on bicycles in the park. (Ord. 954, 3-8-1989)

Page 210 of 358 ends

IRV #4895-8996-3284 v1

Notes

1. See also chapter XV of this code.

2. See also chapter XIII and chapter XV, article 11 of this code.

Page 211 of 358 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 212 of 358 ends

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Engaged and Connected Residents
• Efficient, Responsive, and Effective City Services
• Safe Community
• Attractive, Complementary Business District
• Beautiful, Preserved, Single-Family Neighborhoods

BACKGROUND
At the March 25, 2022 City Council meeting, the Council introduced for first reading Ordinance No. O-22-1389 updating code enforcement provisions of the San Marino Municipal Code. The attached ordinance includes the expanded definition of responsible person as indicated by the Council during the first reading, shown in redline.

FISCAL IMPACT & PROCUREMENT REVIEW
There is no financial impact associated with the proposed code revisions.

LEGAL REVIEW
This report was prepared by the City Attorney’s office.

RECOMMENDATION
Staff recommends the City Council introduce the Code Enforcement update ordinance for second reading and adopt the same. If the City Council concurs with staff’s recommendation, an appropriate motion would be:

TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Joseph Montes, City Attorney
DATE: April 13, 2022
SUBJECT: ADOPTION OF ORDINANCE NO. O-22-1389 (SECOND
READING) AN ORDINANCE UPDATING CHAPTERS 1.04, 1.06
AND 8.02 REGARDING PUBLIC NUISANCES, ADMINISTRATIVE

CITATIONS, AND ENFORCEMENT OF CODE VIOLATIONS
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Page 213 of 358 ends

“I move to waive full reading and adopt by title only, Ordinance No. O-22-1389 an Ordinance of the City Council of the City of San Marino, California amending Chapters 1.04, 1.06 and 8.02 regarding public nuisances, administrative citations, and enforcement of code violations.”

ATTACHMENTS

1. Ordinance No. O-22-1389

Page 214 of 358 ends

ORDINANCE NO. O-22-1389

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA AMENDING
CHAPTERS 1.04, 1.06, AND 8.02 REGARDING PUBLIC

NUISANCES, ADMINISTRATIVE CITATIONS, AND

ENFORCEMENT OF CODE VIOLATIONS
THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
WHEREAS, Section VII of Article XI of the California Constitution provides that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and,
WHEREAS, California Government Code sections 38771 and 38772, respectively, provide that legislative bodies of cities may declare what constitutes a nuisance and provide for the abatement of any nuisance; and
WHEREAS, the City Council finds that nuisance conditions are offensive and/or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private), and/or are hazardous or injurious to the health, safety, and/or welfare of the general public; and, WHEREAS, it is the City Council’s desire to promote and sustain a high quality of life within the City and to protect the health, safety, and welfare of the City’s residents, business community, and guests by developing and utilizing regulations that promote the sound maintenance of property and that enhance the appearance, habitability, occupancy, use, and safety of all structures and premises in the City; and,
WHEREAS, the City Council wishes to strengthen the City’s ability to abate nuisance conditions by amending an existing Municipal Code definition of what constitutes a public nuisance; and, WHEREAS, the City Council further wishes to refine the current procedures for the collection of attorney’s fees and costs and administrative abatement costs under Government Code sections 38773.1 and 38773.5; and,
WHEREAS, the City Council further wishes to update and refine the procedures set forth in Municipal Code Chapter 1, Article 6, pertaining to the issuance of administrative citations pursuant to Government Code section 53069.4; and
WHEREAS, the City Council further wishes to update and refine the provisions set forth in Municipal Code Chapter 1, Article 4, pertaining to code enforcement generally.

Page 215 of 358 ends

SECTION 2. Chapter 1, Article 4 of the San Marino Municipal Code is amended as shown in Exhibit A.

SECTION 3. Chapter 1, Article 6 of the San Marino Municipal Code is amended as shown in Exhibit B.

SECTION 4. Chapter 8, Article 2 of the San Marino Municipal Code is amended as shown in Exhibit C.

SECTION 5. Chapter 8, Article 3 of the San Marino Municipal Code is amended as shown in Exhibit D.

SECTION 6. CEQA. This Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“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 7. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 8. PUBLICATION AND EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law.

PASSED, APPROVED, AND ADOPTED this __ th day of ___________ 2022. _____________________________

SUSAN JAKUBOWSKI
MAYOR

Page 216 of 358 ends

ATTEST:
___________________________

CHRISTINA BAKER

CITY CLERK
APPROVED AS TO FORM:
____________________________

JOSEPH MONTES

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SAN MARINO )
I HERBY CERTIFY that the foregoing Ordinance No. O-22-1389, was introduced at a Regular Meeting of the City Council held on the 25th day of March, 2022, and was approved and adopted at a Regular Meeting of the City Council held on the XXth day of Month, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTINA BAKER

CITY CLERK

Page 217 of 358 ends

Exhibit A

VIOLATIONS
CHAPTER 01, ARTICLE 04

01.04.01: ENFORCEMENT OF VIOLATIONS
A. No person shall violate or fail to comply with any provision or requirement of this code or any other ordinance of the city. For purposes of this Chapter, “person” shall include an individual, partnership, firm, association, corporation, limited liability company or other legal entity. Any person who shall violate or fail to comply with any provision or requirement of this code shall be guilty of a misdemeanor unless such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction at the discretion of the city prosecutor, in which case, such person is guilty of an infraction. (Ord. 096-1096, 8-14-1996)
B. Violation of this code or any other ordinance of the city may be prosecuted as a misdemeanor or infraction pursuant to this Article. The city may also issue a fine or administrative citation as allowed by Chapter 01, Article 06.(Rep. by Ord. 0-07-1189, 9- 12-2007)
C. The city attorney, at the direction of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate any condition found to be in violation of this Code or any approval, order, rule or regulation issued by any duly authorized officer or agent of the city in the manner provided by law.Notwithstanding any other provision of this code, when a person under the age of eighteen (18) years is charged with a violation of this code, and a peace officer issues a notice to appear in superior court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under section 601 or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the court. (Ord. 096-1096, 8-14- 1996)
D. The provisions of this section represent the general means and methods by which the city may secure compliance with the provisions of this Code and city approvals, permits or licenses. The city may use any available legal remedy to secure compliance and multiple enforcement remedies may be used to achieve compliance.

01.04.02: MISDEMEANORS AND INFRACTIONS; CONTINUING VIOLATIONS:

A. Any person who violates or fails to comply with any provision or requirement of this code or any other ordinance of the city shall be guilty of a misdemeanor unless such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction at the discretion of the city prosecutor, in which case, such person is guilty of an infraction.

B. Notwithstanding any other provision of this code, when a person under the age of eighteen (18) years is charged with a violation of this code, and a peace officer issues a notice to appear in superior court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under section 601 or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the court.

Page 218 of 358 ends

C. It shall constitute a new and separate offense for each and every day during which any portion of which a violation of, or failure to comply with, any provision or requirement of this code is committed, continued or permitted by any person and shall be punished accordingly. (Ord. 947, 11-16-1988)

01.04.03: PUNISHMENT:

A. Unless otherwise specifically provided in this code, any person guilty of a misdemeanor under a provision of this code shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six (6) months, or by both such a fine and imprisonment.

As prescribed in Government Code section 36900(b) of the Government Code of the state, any person who has committed an infraction under this code shall be punished for a first violation by a fine not exceeding one hundred dollars ($100.00), and for committing the same offense a second time within one year, by a fine not exceeding two hundred dollars ($200.00) and for committing the same offense a third or any subsequent time within one year, by a fine not exceeding five hundred dollars ($500.00)by the following: a fine not exceeding one hundred dollars ($100) for a first violation, a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year, and a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.

A violation of local building and safety codes determined to be an infraction is punishable by the following: a fine not exceeding one hundred thirty dollars ($130) for a first violation, a fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year, and a fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation. (Ord. 947, 11-16-1988; amd. 1994 Code) B. As provided in section 42001 of the Vehicle Code of the state, any person who has committed an infraction for a violation of chapter XV of this code or any ordinance or code provision adopted pursuant to the Vehicle Code shall be punished by a fine not exceeding one hundred dollars ($100.00), for a second infraction occurring within one year of a prior infraction which resulted in a conviction, a fine not exceeding two hundred dollars ($200.00), and for a third or any subsequent infraction occurring within one year of two (2) or more infractions which resulted in convictions, a fine not exceeding two hundred fifty dollars ($250.00). (1994 Code)

01.04.04: AUTHORIZATION TO CITE:

Officers and employees of the police department and such other employees as designated by the city manager shall have the power, authority and immunity, as set forth in the Penal Code of the state 1 , to make arrests without a warrant whenever such officers or employees have reasonable cause to believe that the person to be arrested has committed a misdemeanor violation of an ordinance or statute which such officers or employees have the duty to enforce, and the violation has been committed in the presence of such officers or employees. (Ord. 947, 11-16-1988)

Notes

Page 219 of 358 ends

01.04.05: ARREST OF VIOLATORS:

In any case in which a person is arrested pursuant to this Code and the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on his/her promise to appear, as prescribed by the Penal Code of the State 2 . (Ord. 947, 11-16- 1988)

Notes

01.04.06: VIOLATION OF NOTICE TO APPEAR:

Any person wilfully violating his/her written promise to appear in court shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he/she was originally arrested. (Ord. 947, 11-16-1988)

01.04.07: WARRANT FOR ARREST FOR FAILURE TO APPEAR:

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in the State Penal Code, the magistrate shall issue and have delivered for execution a warrant for his/her arrest within twenty (20) days after his/her failure to appear as promised.

If such person promises to appear before an officer, to accept bail, other than a magistrate, and fails to do so on or before the date he/she promised to appear, then, within twenty (20) days after the delivery of such written promise to appear, a request to execute a warrant for arrest shall be presented to a magistrate having jurisdiction over the offense. (Ord. 947, 11-16-1988)

01.04.08: AIDING AND ABETTING:

Whenever any act or omission is prohibited by any provision of this Code, such prohibition shall be deemed also to prohibit the causing, permitting, aiding, abetting, suffering or concealing of such act or omission, and any person who shall cause, permit, aid, abet, suffer or conceal such act or omission shall be guilty of a violation of this Code and shall be punishable in accordance with such act or omission. (Ord. 947, 11-16-1988)

01.04.09: RESPONSIBILITY:

A. The occupant of any premises upon which a violation of any provision of this Code is apparent, the owner of any object or material placed or remaining anywhere in violation of any provision of this Code or the occupant of any premises served by any excavation or structure made or erected in violation of any provision of this Code shall be deemed prima facie responsible for the violation and subject to the penalties provided therefor. (Ord. 947, 11-16-1988)
B. The owner of any property, building or structure within the city has the responsibility for keeping such property, building or structure free of violations related to its use or condition. The owner of such property, building or structure is separately liable for violations committed by tenants or occupants relative to the use or condition of the property.

Page 220 of 358 ends

01.04.10: PUBLIC NUISANCE:

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code shall be deemed a public nuisance and may be summarily abated as such by the City 1 , and each day such condition continues shall constitute a new and separate offense. (Ord. 947, 11-16-1988)

01.04.11: ATTORNEY’S FEES:

In any action, administrative proceeding, or special proceeding brought to abate a public nuisance, the prevailing party will be entitled to recover attorneys' fees, provided that attorneys' fees will only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys' fees. In no action or proceeding shall an award of attorneys' fees exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

Page 221 of 358 ends

EXHIBIT B

ADMINISTRATIVE PROCEDURES AND PENALTIES FOR CODE VIOLATIONS CHAPTER 1, ARTICLE 6

01.06.01: APPLICABILITY:

A. Scope: This article provides for an administrative remedy for violations of this Code as set forth herein. This remedy may be exercised in place of, or in addition to, any administrative, criminal, civil or equitable remedy allowed by law. The City Attorney or City Prosecutor shall have sole discretion to determine whether a violation will be prosecuted criminally. (Ord. 0-07-1189, 9-12-2007)
B. Codes Violations Subject To An Administrative Citation: All violations of this Code are subject to an administrative citation, including. the violation of any provision, restriction, or requirement of this Code or any code adopted by reference herein, any ordinance of the city, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code.

C. Rules And Regulations: The City Manager is authorized to promulgate procedural rules and regulations governing the provisions in this article. (Ord. 0-07-1189, 9-12- 2007)

01.06.02: DEFINITIONS:

As used in this article, the following words are defined as follows:

CITATION: A written notice to a responsible person issued by the enforcement officer that a violation of this Code subject to this article has occurred.

CIVIL FINE: The monetary sanction established by resolution of the City Council that is imposed by a citation.

ENFORCEMENT OFFICER: Any City employee with an obligation to enforce this Code.

The City Manager may designate additional persons to act as enforcement officers for purposes of implementing the provisions of this article.

HEARING OFFICER: Any private entity, organization, association or person, or a public official, or duly constituted reviewing authority or commission that is designated by the City Manager pursuant to the standards contained in section 01.06.11 of this article.

OWNER: Means and includes any person (as defined in Section 01.04.01)having legal title to, or who leases, rents, occupies or has charge, control or possession of, or responsibility for, any real property in the City, including all persons identified as owners on the last equalized assessment roll of the County Assessor's Office. An owner of personal property or animals shall be any person who has legal title, charge, control or possession of, or responsibility for, personal property. An owner may include an agent, manager or representative thereof.

PROPERTY: Any real property, or improvements thereon, or portions thereof, as the case may be. "Property" includes any parkway or unimproved public easement abutting such real property. "Property" shall also include all forms of personal property or animals, where applicable.

RESPONSIBLE PERSON: Any person (as defined in Section 01.04.01), whether as an owner or an agent, manager, or representative of an owner, or otherwise, that allows,

Page 222 of 358 ends

causes, creates, maintains, suffers, or permits a violation of the Code to exist or continue, by any act or the omission of any act or duty. The term "responsible person" includes any person who leases, rents, occupies or has charge, control or possession of, or responsibility for any real property in the city upon which a violation exists, or of any personal property that constitutes a violationperson, whether as an owner, or otherwise, who an enforcement officer determines is responsible for causing, creating, maintaining or permitting a violation of this Code subject to this article and to whom a citation has been issued. (Ord. 0-07-1189, 9-12-2007)

01.06.03: SERVICE OF CITATION:

The enforcement officer may issue a citation to a responsible person on a form approved by the City Manager using one of the following methods:

A. A citation may be served by personal delivery to a responsible person. The enforcement officer shall attempt to obtain the signature of the responsible person on the citation. If the responsible person or person served refuses or fails to sign the citation, the failure or refusal to sign shall not affect the validity of the citation nor of any subsequent proceedings.

B. A citation may be served by certified mail, postage prepaid, addressed to the responsible person at such person's last known address in the public records of the City or if no address is known or made known, then the last known address as shown on the latest equalized assessment roll. A courtesy copy of the citation shall also be sent to the responsible person in a sealed envelope by first class mail to the same location.

C. For citations involving a real property related violation, the enforcement officer may post the citation on said real property in the City in which the responsible person is known to have a legal interest in, or possession, or dominion or control of, said property, or a portion thereof.

D. Service is effective the date when personally served, mailed by certified mail or when the property is posted. The enforcement officer must complete a declaration of service. Failure to receive any notice does not affect the validity of the proceedings under this article.

E. Any notice or order given pursuant to any provision of this article shall be served in the manner provided for in this section, unless otherwise stated. (Ord. 0-07-1189, 9- 12-2007)
F. When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that creates an immediate danger to health or safety, a citation may be issued forthwith. In the absence of an immediate danger, a citation for a violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues shall not be issued pursuant to this chapter unless the responsible person has first been provided with a reasonable period, as determined by the officer, in which to complete the abatement or compliance actions. The enforcement officer may extend the time in which to correct the violation.

01.06.04: RESPONSIBILITY OF CITED PARTY:

Upon service of a citation, the responsible person shall do the following:

A. Pay the civil fine no later than ten (10) days from the date of service of the notice of decision of the Hearing Officer or when the citation is deemed final. Payment of the

Page 223 of 358 ends

fine shall not excuse or discharge the failure to correct the violation, nor shall it bar further enforcement action by the City.

B. If the violation pertains to building, plumbing, electrical or other similar structural or zoning issues which are continuing in nature and that do not create an immediate danger to health and safety, comply with the compliance order to remedy the violation within the time specified on the citation. (Ord. 0-07-1189, 9-12-2007)

01.06.05: ADMINISTRATIVE CITATION:

A. Any responsible person who commits or responsible for a violation violates any section of this Codesubject to an administrative citation, as set forth above in Section

1.06.01(B), that is subject to this article,, may be issued a citation by an enforcement officer.

B. If the violation pertains to building, plumbing, electrical or other similar structural or zoning issues, that do not create an immediate danger to health and safety, then the responsible person shall be issued a compliance order. The compliance order shall advise the responsible person of the nature of the violation and the date upon which the violation(s) shall be corrected. The time within which the responsible person is required to correct the violation shall be specified in the compliance order. The minimum period of time provided to correct the violation shall be fifteen (15) days, unless the violation creates an immediate danger to health or safety. If the violation is not corrected within the time provided, a citation shall be issued. If the violation(s) has been corrected, no further action shall be taken against the responsible person regarding the violation(s).

The enforcement officer may extend the time in which to correct the violation.

C. Each day during which a violation of any provision of this Code subject to this article is committed, continued or permitted, shall be a separate violation for which a citation may be issued. (Ord. 0-07-1189, 9-12-2007)

01.06.06: CITATIONS FOR ACTS COMMITTED OUTSIDE OFFICER'S PRESENCE:

An enforcement officer may issue a citation for a violation not committed in the enforcement officer's presence if the enforcement officer has determined, through investigation, that the responsible person did commit, or is otherwise responsible for, the violation. (Ord. 0-07-1189, 9-12-2007)

01.06.07: CONTENTS OF ADMINISTRATIVE CITATION:

A citation shall contain the following information:

A. The names and mailing address of the responsible person.

B. The date and location of the violation and the approximate time the violation occurred or was detected.

C. The Code section violated and a description of the violation.

D. The amount of the civil fine for each violation, the procedure and place to pay the fine(s), and any late charge(s) and interest, if not timely paid.

E. If a compliance order is issued pursuant to subsection 01.06.05B 03F of this article, the action required to correct the violation and the date by which such action must be completed. The date for compliance shall not be less than fifteen (15) days from the date the compliance order is served, unless the violation creates an immediate danger to health or safety. (Ord. 0-07-1189, 9-12-2007)

Page 224 of 358 ends

F. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation. (Ord. 0-08-1202, 3-19- 2008)
G. The name and signature of the citing official.

H. Any other information deemed necessary by the City Manager. (Ord. 0-07-1189, 9-12-2007)

01.06.08: CIVIL FINES, LATE CHARGES; COLLECTION OF FEES AND COSTS:

A. Civil Fine Amount: The amount of each fine shall be set forth in a resolution adopted by the City Council. If a violation is classified as an infraction under this Code, the civil fine shall not exceed one hundred dollars ($100.00) for a first offense, two hundred dollars ($200.00) for a second offense within one year, and fivethree hundred dollars ($300500.00) for a third offense within one year as set forth in California Government Code section 36900(b). Fines for violations that are classified as misdemeanors under this Code shall not exceed one thousand dollars ($1,000.00). The amounts of such fines may be modified from time to time by a resolution of the City Council. (Ord. 0-18-1335, 4-11-2018)
B. Late Payment Charge: Any responsible person who fails to pay to the City on or before the due date any civil fine imposed, shall be liable for the payment of a late payment charge as established by a resolution adopted by the City Council. In the absence of such resolution, the late payment charge for payments received after the due date shall be fifty percent (50%) of the civil fine.

C. Interest: The city council may, by resolution, also establish and impose a daily interest charge on civil fines that are not fully paid to the city on the due date. Interest shall not be imposed on a late charge, and shall not exceed the maximum allowable rate allowed by law. The rate of interest and the commencement of its accrual may be modified from time to time by a resolution of the city council.

D. Payment Location: Civil fines and any late charges and interest due shall be paid to the city at such location or address as stated in the citation. (Ord. 0-07-1189, 9-12- 2007)
E. Due Date: The civil fine shall be paid within 30 days of the issuance of a citation or, if contested, within 30 days of an order to pay pursuant to a decision by a hearing officer or judicial officer confirming the finewithin ten (10) calendar days from the date of service of the citation. Thereafter, a late charge and interest shall be due and owing. (Ord. 0-08-1202, 3-19-2008)
F. Effect Of Payment: Payment of a civil fine shall not excuse or discharge a responsible person from the duty to immediately abate a violation of this code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of this code.

G. Effect Of Abatement: Abatement of a violation shall not excuse the obligation of the responsible person to pay a civil fine, or any late charges or interest imposed on its untimely payment.

H. Debt To City: Unpaid civil fines and/or late charges, as well as interest thereon, shall be a personal obligation and debt of the responsible person which may be collected by the city in any manner allowed by law, including filing of a civil or small

Page 225 of 358 ends

claims action in the Los Angeles Superior Court, the recordation of a lien with the Los Angeles County Recorder's Office against citee-owned property that was the subject of the citation, by means of collecting the debt using the California Franchise Tax Board "Inter-Agency Offset Program" (pursuant to § 12419.10 of the California Government Code), and/or by denying the issuance or renewal of any city approval, license, permit, or other entitlement to any citee who has failed to tender all unpaid administrative fines, late penalty charges, or interest charges. The remedies set forth in this article are not exclusive and may be used in addition to those set forth elsewhere in this code or by law.

I. Attorney Fees: The city shall be entitled to recover its attorney fees and all related collection costs arising from any action to collect or foreclose any confirmed, final or uncontested civil fine, late charge or other fee imposed and unpaid pursuant to the procedures set forth in this article. (Ord. 0-07-1189, 9-12-2007)

01.06.09: RECORDATION OF LIEN:

A. If the responsible person fails to satisfy in full the assessed civil fines by the due date, and no timely appeal of the hearing officer's decision has been filed with the Los Angeles superior courtas defined above in subsection 1.06.08E, the city may recover the outstanding fine by imposing a lien against the real property on which the violation occurred.

B. Prior to the recording of the lien with the Los Angeles County recorder's Recorder's office, the city council shall conduct a hearing to hear any protest or objection to the lien. The enforcement officer shall serve notice of the hearing upon the owner of record of the real property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of hearing shall include the time, date, and place of the hearing, and shall be served upon the owner of record by regular mail at least ten (10) days before the date of the hearing.

C. If the city council determines that the lien should be imposed, the responsible person will have thirty (30) days to satisfy the assessed civil fine in full. If after that time the assessed civil fine, late charge and interest have not been paid in full, the enforcement officer shall then prepare and file with the city clerk a report stating the amount due and owing.

D. After the report is filed with the city clerk, the citing official may cause the lien to be recorded with the county recorder. Once recorded, the lien shall have the force and effect and priority of a judgment lien governed by the provisions of section 697.340 of the Code of Civil Procedure, or its successor, and may be extended as provided in sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure, or their successors.

E. If the lien is satisfied, the city shall record a notice of satisfaction of the lien with the Los Angeles County recorder's office within thirty (30) calendar days of receipt of payment in full. (Ord. 0-07-1189, 9-12-2007)

01.06.10: ADMINISTRATIVE HEARING:

A. Any responsible person to whom a citation is issued may contest the citation by:
1) completing a request for hearing form and returning it to the city manager or his/her designee; and 2) either depositing the civil fine with the city manager or his/her

Page 226 of 358 ends

designee or providing notice that a request for an advance deposit hardship waiver has been filed. A request for hearing form may be obtained from the city clerk. The request for hearing form and the civil fine or completed hardship waiver must be received within ten (10) days from the date of service of the citation. If not, the responsible person waives the right to a hearing.

B. Only after a request for hearing form is received within the required period, and the responsible person requesting the hearing has either deposited the civil fine in full or obtained an advance deposit hardship waiver (hereinafter a "perfected appeal"), shall the city set the date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen (15) days, nor more than ninety (90) days after a perfected appeal.

C. The city shall notify the responsible person requesting the hearing by regular mail of the time and place of the hearing at least ten (10) days before the date of the hearing.

The city manager or his/her designee shall serve any documentation, other than the citation, that the city manager or his/her designee has submitted or will submit to the hearing officer on the person requesting the hearing by regular mail at least three (3) calendar days before the date of the hearing. Failure to receive such documentation shall not invalidate the citation or any hearing, city action or proceeding conducted pursuant to this article. The failure to appear at the hearing shall render the citation final. (Ord. 0-08-1202, 3-19-2008)

01.06.11: ADMINISTRATIVE HEARING PROCEDURES:

A. The city manager shall designate or appoint a hearing officer who shall be selected in a manner that avoids the potential for pecuniary or other bias and in no event shall the enforcement officer, nor any other officer or employee in his/her department, be the hearing officer. The compensation, if any, of the hearing officer shall be paid by the city. Compensation shall not be directly or indirectly conditioned upon whether or not citations are upheld by the hearing officer.

B. Administrative hearings are informal and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of that party's case and to cross examine any witnesses present. The city bears the burden of proof to establish the violation. The citation and any additional reports submitted by the enforcement officer shall constitute prima facie evidence of the facts contained in those documents. The hearing officer must use preponderance of the evidence as the standard of review in deciding the issues. A responsible person may bring an interpreter to the hearing provided there is no expense to the city therefor.

C. A responsible person may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be served on the office of the city clerk at least three (3) city business days prior to the hearing. If the responsible person fails to attend the scheduled hearing, or does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the hearing officer shall cancel the hearing and not render a decision. In such instances, the citation shall be deemed final.

Page 227 of 358 ends

D. Hearings may be continued once at the request of a responsible person or the enforcement officer who issued the citation. The hearing officer may also continue the hearing for cause. (Ord. 0-07-1189, 9-12-2007)

01.06.12: HEARING OFFICER DECISION; RIGHT OF APPEAL:

A. The hearing officer shall issue a written decision no later than fifteen (15) days after the date on which the hearing concludes. The decision shall set forth the reasons for the decision along with notice of the right to appeal pursuant to section 01.06.13 of this article. The administrative hearing officer's decision shall be final. If the citation is upheld and the violation has not been fully corrected as of the date of the hearing, the hearing officer shall order correction thereof in the decision and state the date in which to complete said correction.

B. The decision shall be served by first class mail and shall be deemed to be served on the date it is deposited with the United States postal service. The failure of the responsible person to receive a properly addressed decision shall not invalidate the citation, compliance order or the hearing officer's decision. (Ord. 0-07-1189, 9-12-2007)

01.06.13: APPEAL OF DECISION OF HEARING OFFICER:

Within twenty (20) days after service of the hearing officer's decision upon the responsible person, the responsible person may seek review of the hearing officer's decision by filing a notice of appeal with the Los Angeles superior Superior courtCourt.

The responsible person shall serve a copy of the notice of appeal upon the city clerk either in person or by first class mail within five (5) calendar days of its filing. If the responsible person fails to timely file a notice of appeal, the hearing officer's decision shall be deemed confirmed. (Ord. 0-07-1189, 9-12-2007)

01.06.14: FAILURE TO COMPLY WITH HEARING OFFICER'S DECISION:

Failure to comply with the hearing officer's decision after it becomes final is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the decision. (Ord. 0-07- 1189, 9-12-2007)

01.06.15: ADVANCE HARDSHIP WAIVER DEPOSIT:

A. Any responsible person who requests a hearing to contest a citation and who is financially unable to deposit the civil fine required, may file a request for an advance deposit hardship waiver. The request shall be filed with the city manager on an advance deposit hardship waiver application form, available from the city clerk, no later than ten (10) days after service of the citation. The city manager's office's failure to receive a completed form, with all supporting documents, within ten (10) days after service of the citation, shall constitute a waiver of the right to receive a hardship waiver.

B. The city manager or designee may issue an advance deposit hardship waiver only if the responsible person requesting the waiver submits a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the city manager or designee the person's financial inability to deposit with the city the full amount of the civil fine in advance of the hearing. The city manager or designee shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall

Page 228 of 358 ends

be served upon the responsible person requesting the waiver by regular mail. If the city manager or designee determines that the waiver is not warranted the responsible person shall remit the full amount of the civil fine to the city within ten (10) days of receipt of the written decision. The city manager or designee's decision whether to issue a hardship waiver shall be final. (Ord. 0-08-1202, 3-19-2008)

Page 229 of 358 ends

EXHIBIT C

NUISANCE CONDITIONS
CHAPTER VIII, ARTICLE 2

08.02.01: CONDITIONS CONSTITUTING A PUBLIC NUISANCE:

The city council finds and declares that, notwithstanding any other provision of the Municipal Code, it is a public nuisance and unlawful for any person (as defined in Section 01.04.01) to allow, cause, create, maintain, or suffer, or permit others to allow, cause, create, maintain, or suffer the following:By way of example only, and not by way of limitation, the following conditions on real property shall constitute a public nuisance:

A. Overgrown vegetation or dead, decayed or diseased trees or other vegetation which: constitutes

1. Constitutes an unsightly appearance to such an extent as to result in, or contribute to, a diminution of property values or which are is dangerous to public safety or welfare or which are detrimental to nearby property or property values;.

2. Is likely to harbor, or promote the presence of, rats, vermin and/or insects;

3. Creates, or tends to create, the existence of a fire hazard; or

4. Overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property.

B. Land, topography, geology or configuration, whether in a natural state or as a result of grading operations, excavation or fill, which causes erosion, subsidence or water surface drainage problems of such magnitude as to be injurious to the public health, safety and welfare or to adjacent properties.

C. Storage or accumulation of junk, debris, rubbish, or trash visible from the public right of way or neighboring properties for more than twenty four (24) hours.

D. Storage of debris, rubbish or trash which constitutes a fire hazard or is attractive to rodents or other pests.

E. Storage or accumulation of personal property, including but not limited to clothing, motor vehicle parts and tires, broken, discarded or inoperable household furnishings, appliances, tools or machinery, play equipment or other similar items, visible from the public right of way or from neighboring properties, or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution in property values.

F. Materials or items of any kind stored on rooftops visible from the public right of way or from neighboring properties.

G. Garbage or trash cans or containers that are:

1. Stored on front or side yard areas which are visible from the public right of way; or

2. Emitting offensive odors to adjacent properties.

H. Any structure, or building,s or other improvements, either permanent or temporary, which:

1. Are structurally unsafe, either entirely or partially.

Page 230 of 358 ends

2. Have faulty weather protection including, but not limited to, crumbling, cracked, missing, broken or loose exterior plaster or other siding, roofs, foundations, floors, windows or doors or lack of paint or other protective finish.

3. Constitute a fire hazard or other threat to public health and safety.

4. Are left in a partially constructed state for one week and for which a construction/building permit, if any, has expired.

5. Are unoccupied or abandoned and which have been left open and unlocked or otherwise unsecured so as to be accessible to persons and animals or unprotected from the elements.

6. Contains any of the conditions listed in Health and Safety Code § 17920.3, and any future amendments thereto.

7. Are in violation of any provision of the City Code or any other law, statute, code or regulation which the City is empowered to enforce.

8. Encroaches onto, obstructs, or interferes with any public right of way except as provided for under an active permit issued by the City.

I. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief.

J. Fences or walls which are unsightly, unsafe, in a state of disrepair or which hinder or obstruct access to public sidewalks.

K. Attractive nuisances including, but not limited to, unsecured and or hazardous pools, ponds, refrigerators or excavations.

L. On-site and off-site signs which advertise uses no longer conducted or products no longer sold on the property.

M. Commercial signs located on any building which has been vacant for more than forty five (45) days, excluding signs advertising said building for sale, lease or rent.

N. Temporary signs which advertise or relate to events which have already taken place.

O. Abandoned, wrecked, dismantled or inoperative automobiles, trucks, motorhomes, trailers, campers, motorcycles, boats or similar vehicles.

P. Property maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is otherwise materially detrimental to surrounding properties and improvements.

Q. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties. (Ord. 952, 3-8-1989) R. Violation of section 18.03.05 of this code. (Ord. 099-1135, 12-8-1999) S. Any condition, use, or activity that constitutes a public nuisance as defined by Civil Code sections 3479 or 3480, and any future amendments thereto.

T. Any building, structure, or use of real property that violates or fails to comply with any applicable approval, permit, license, entitlement, or condition of approval relating thereto, any ordinance of the city, including, but not limited to, any provision of this Code, and/or applicable county, state, or federal law or regulation.

TU. Any building or structure used by any person to engage in acts which are prohibited pursuant to the laws of the United States or the State of California, the

Page 231 of 358 ends

provisions of the San Marino Municipal Code, or any other ordinance of the city, including, but not limited to, the following acts:
(1)Unlawful possession, use, and/or sale of controlled substances; (2)Prostitution; and/or
(3)Unlawful gambling.

Page 232 of 358 ends

EXHIBIT D

NUISANCE ABATEMENT
CHAPTER VIII, ARTICLE 3

08.03.01: DETERMINATION OF PUBLIC NUISANCE:

Whenever a designated code enforcement officer determines that a public nuisance, as defined herein, exists on real property situated in the City, the code enforcement officer shall notify the property owner(s) and occupant(s) by mail of the existence of the nuisance and direct that the nuisance be abated within the fifteen (15)-day time period specified in the notice or within the time frame established by the code enforcement officer in the notice. Such a notice shall be served by personal service or by first class USPS mail and shall be posted on the subject property in a conspicuous location at least ten (10) days from the determination of the public nuisance. The notification shall include a description of the nuisance and establish a reasonable abatement period from the date of the notice. The notice shall state that if the nuisance is not abated, the City will seek all administrative costs, including reasonable attorneys' fees, incurred in connection with abating the nuisance. In addition, the notice shall state that if the nuisance is not promptly abated by the owner, such nuisance may be abated by the City, in which case the costs associated with such abatement, including reasonable attorneys' fees incurred in connection with such abatement, may constitute a special assessment or a lien against the property. (Ord. 952, 3-8-89; amd. Ord. O-21-1379, 3- 10-21)

08.03.02: FAILURE TO ABATE; NOTICE OF HEARING:

If the public nuisance has not been abated within the time allowed by the code enforcement officer or any extension of time granted in writing by the code enforcement officer for such abatement, the code enforcement officer shall request that a hearing be held before the Community Development DirectorCity Manager or designee.

The code enforcement officer shall send written notice to the owner(s), address of record and occupant(s) of the subject property of the nuisance abatement hearing. Said written notice shall set forth the date, time and place for the hearing and advise the owner and occupant that they have the right to appear and be heard on the following issues:

A. Whether a nuisance in fact exists on the property; and B. Whether in fairness and in justice there is no other way to eliminate the nuisance except as recommended by the code enforcement officer
The code enforcement officer shall cause the written notice to be served, by personal service or by first class USPS mail, to the owner, address of record, and occupant of the subject property at least ten (10) days prior to the hearing date. In addition, the notice shall be posted at a conspicuous location on the property at least ten (10) days before the date set for hearing. The City may also notify agents of the owner, lessees, occupants or persons in possession of the property by regular mail. Failure of any

Page 233 of 358 ends

person to receive such notice shall not affect the validity of the proceedings before the Community Development DirectorCity Manager or designee.

If the nuisance consists of a vehicle as described in Article 04 herein, the notice shall also be sent to the last registered and legal owners of record of the vehicle unless the vehicle is in such condition or location that identification numbers are not available to determine ownership. (Ord. 952, 3-8-89; amd. Ord. O-21-1379, 3-10-21)

08.03.03: NUISANCE ABATEMENT HEARING:

At the time and place set forth in the notice of hearing or within 10 days of the original nuisance abatement hearing date set forth in the notice of hearing, the Community Development DirectorCity Manager or designee shall conduct a hearing on the alleged public nuisance. The Director hearing officer shall provide an opportunity to receive testimony and other evidence from the code enforcement officer or the code enforcement officer's representative, the owner and/or occupant of the subject property and all other interested persons relative to the alleged existence of the public nuisance and the method of abatement proposed by the code enforcement officer At the conclusion of the hearing, the Director hearing officer shall determine whether the property, or any part of the property, constitutes a public nuisance. The Director hearing officer shall issue an order of abatement if it finds, based upon all of the evidence presented at the hearing, a public nuisance does exist. The order of abatement shall set forth:

A. That a public nuisance exists at the subject property and provide a description of the public nuisance.

B. An order that the public nuisance be abated by rehabilitation, repair, demolition, or any other measure, manner or method required to abate the nuisance. The owner or occupant shall abate the nuisance within thirty days of issuance of the order to abate.

C. A statement that if the nuisance is not abated in the manner and within the time limit set forth in the order, the City will cause the nuisance to be abated and make the cost of the nuisance abatement incurred by the City, including, but not limited to, inspection costs, investigation costs, attorneys' fees and court costs, and costs to repair and eliminate all substandard conditions by either: (i) obtaining a court order stating that this reimbursement requirement is a personal obligation of any person held responsible for creating, causing, committing or maintaining a public nuisance, recoverable by the City in the same manner as any civil judgment; (ii) recording a nuisance abatement lien pursuant to this Code against the parcel of land on which the nuisance is maintained; or (iii) imposing a special assessment pursuant to this Code against the parcel of land on which the nuisance is maintained.

The decision of the Director hearing officer on the existence and abatement of a nuisance shall be final and conclusive. (Ord. 952, 3-8-89; 1994 Code; amd. Ord. O-21- 1379, 3-10-21)

08.03.04: SERVICE OF ORDER OF ABATEMENT:

Page 234 of 358 ends

No later than five (5) days following the decision of the DirectorCity Manager or designee, the order of abatement shall be served on the owner, address of record and occupant of the subject property by personal service or by first class USPS mail. Said order of abatement shall also be posted on the property in a conspicuous location. (Ord. 952, 3-8-89; amd. Ord. O-21-1379, 3-10-21)

08.03.05: ABATEMENT BY CITY:

If the property owner or occupant fails to abate the nuisance within the time and in the manner provided in the order of abatement, the City Manager shall may cause the nuisance to be abated. The City Manager shall be authorized to have the nuisance abated either through the use of City employees or by contract with private individuals or firms to perform such service. (Ord. 952, 3-8-89)

08.03.06: HEARING TO ESTABLISH COSTS:

If the City shall have the nuisance abated, a hearing shall be held within 40 days from the date of abatement before the City Council in order to establish the cost to the City of the abatement. The code enforcement officer shall send, by mail, written notice to the owner of the property of the hearing. The written notice shall set forth the date, time and place for the hearing and advise the owner that the owner has the right to appear and be heard on the issue of the cost to the City of the abatement. The code enforcement officer shall cause the written notice to be served by personal service or by registered or certified mail to the owner of the property and address of record at least ten (10) days prior to the hearing date.

At the hearing, the City Council shall hear and consider testimony and all other evidence by the code enforcement officer and the owner of the property relating to the cost of the abatement. At the conclusion of the hearing, the Council shall, based upon all of the evidence presented at the hearing, establish the cost to the City of the nuisance abatement.

No later than five (5) days following the hearing before the City Council, the code enforcement officer shall send the owner of the property, by first class USPS mail, notice of the determination of the Council.

The owner of the property shall be given thirty (30) days from the date of receiving the notice of determination of the Council to pay to the City the full amount of the cost of abatement unless a longer period of time has been granted by the Council, for good cause shown. Such payment shall be by cash or cashier check. (Ord. 952, 3-8-89; amd.

Ord. O-21-1379, 3-10-21)

08.03.07: ASSESSMENT OF ABATEMENT COST AGAINST PROPERTY:

If the owner does not pay the cost of abatement, as established by the City Council, within the time provided for in Section 08.03.06 of this Article, the cost to abate the nuisance shall constitute a special assessment against the property. The assessment shall be collected at the same time and in the same manner as ordinary County taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection and enforcement of County taxes shall be applicable to such special assessment.

Page 235 of 358 ends

It shall be the duty of the Finance Officer for the City to cause a notice for the cost of abatement to be recorded with the Los Angeles County Recorder's office and add the amount of the special assessment to the next regular tax bill levied against the subject real property. (Ord. 952, 3-8-89)
A. The City may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to Government Code Section 38773.5, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

B. A notice of special assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is imposed which shall contain the following recitals:

The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

C. The city attorney or city prosecutor shall establish the notice of special assessment form for use, or consideration by, the tax collector in collecting a special assessment.

D. The notice of special assessment shall be entitled to recordation with the Los Angeles County Recorder’s Office.

E. The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

8.03.08: COLLECTION OF COSTS OF ABATEMENT BY NUISANCE ABATEMENT LIEN
A. As an alternative to a special assessment, the City may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to Government Code Section 38773.1, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

B. A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance is maintained with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may

Page 236 of 358 ends

be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to Section 6062 of the Government Code.

C. The nuisance abatement lien shall be recorded in the Los Angeles County Recorder’s Office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

D. A nuisance abatement lien authorized by this section shall specify the amount of the lien for the City of San Marino, the name of the City department or division on whose behalf the lien is imposed, the date of the abatement actions, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

E. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (D) of this section shall be recorded by the City. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

F. A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.

G. The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

H. The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

08.03.0809: RECOVERY OF COSTS:

A. The City may collect the cost of abatement of any nuisance and related administrative costs, including but not limited to inspection costs, investigation costs, attorneys' fees and costs, and costs to repair and eliminate all substandard conditions by either: (i) obtaining a court order stating that this reimbursement requirement is a personal obligation of any person held responsible for creating, causing, committing or maintaining a public nuisance, recoverable by the City in the same manner as any civil judgment; (ii) recording a nuisance abatement lien pursuant to this Code against the parcel of land on which the nuisance is maintained; or (iii) imposing a special assessment pursuant to this Code against the parcel of land on which the nuisance is maintained. (Ord. O-21-1379, 3-10-21)
B. Any responsible person (as defined in Section 01.06.02) shall have the right to fully abate a nuisance in accordance with the hearing officer's decision prior to the date of entry of city personnel upon the subject real property, provided that all corrective actions are completed with all required city permits, approvals and inspections, prior to said entry date. In such instances, all administrative proceedings shall be cancelled, with the exception of the city's right to seek recovery of its incurred incidental expenses, code enforcement fees, and attorney's fees as provided by and pursuant to the provisions of this article.

8.03.10: EMERGENCY ABATEMENT TO ABATE AN IMMINENT HAZARD:

Page 237 of 358 ends

A. Notwithstanding any provision of the San Marino Municipal Code to the contrary, the city manager, police chief, fire chief, director of code enforcement, health official, or building official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property.

B. Prior to abating a nuisance that creates an imminent hazard, the City Manager shall attempt to notify a responsible person (as defined in Section 01.06.02) by telephone or in writing of the imminent hazard and request its abatement by said person; provided, however, that the City Manager may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the City Manager, the nature or severity of the hazard does not reasonably allow for such prior notification.

If notice has been so given, but, in the sole discretion of the City Manager, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the City may abate the nuisance with City personnel without further notice, and charge the costs and fees thereof to the responsible person(s).

C. Within 10 business days following emergency action of City personnel to abate an imminent hazard, the City shall serve any responsible person with a notice of emergency abatement by City personnel of an imminent hazard by first class mail.

Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll of the Los Angeles County Assessor’s Office. Failure of any responsible person to receive a properly addressed notice of emergency abatement by City personnel of an imminent hazard by mail shall not invalidate any action or proceeding pursuant to this chapter.

D. A notice of emergency abatement by City personnel of an imminent hazard shall contain the following provisions:
(1) The name of all known responsible persons who are being served with the notice of emergency abatement by City personnel of an imminent hazard and the address of the real property on which the imminent hazard was present. (2) A brief description of the condition(s) and reasons why it constituted an imminent hazard.
(3) A brief description of the law prohibiting or pertaining to the imminent hazard. (4) A brief description of the actions City personnel took to abate the imminent hazard.

E. Omission of any of the foregoing provisions in a notice of emergency abatement by City personnel of an imminent hazard, whether in whole or in part, or the failure of a responsible person to receive said notice, or the failure of the City to issue said notice in a timely fashion, shall not render it defective or render any proceeding or action pursuant to this chapter invalid.

F. The City shall be entitled to recover its fees and costs (incidental or otherwise) for the abatement of an imminent hazard. In such instances, the City shall follow the procedures set forth in this article.

Page 238 of 358 ends

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Safe Community
• Fiscally Responsible and Transparent City Government

BACKGROUND
In November 2002, voters in the County of Los Angeles approved Measure B, which authorized the County to levy a special tax on building improvements to provide funding for the countywide system of trauma centers, emergency medical services, and for bioterrorism response throughout the County. In 2017, the Measure B Advisory Board (MBAB) was implemented to guide the Board of Supervisors on options and/or recommendations for spending unallocated Measure B funds.

Agencies who participate in the County’s 9-1-1 system are eligible to submit a funding proposal to purchase or lease necessary medical supplies, equipment, or materials using unallocated Measure B funds. The San Marino Fire Department submitted proposals for the Measure B funding to the MBAB this year during the application period, April 1 through July 15. In 2021, the MBAB received 39 funding proposals for consideration; available funding for these projects totaled approximately $13 million. The proposed projects totaling $25,741,641 were considered by the MBAB members and then ranked based on their level of priority.

DISCUSSION
The San Marino Fire Department submitted a project proposal and requested funding in the amount of $61,485 for the purchase of one power load stretcher and one rescue combi tool.

The requested funding was based on quotes received from L.N. Curtis and Republic EVS (Attachment I). On February 7, 2022 the San Marino Fire Department received partial approval of their proposal for the power load stretcher; the combi tool did not receive a high enough TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: M. D. Rueda, Fire Chief
DATE: April 13, 2022
SUBJECT: APPROVAL OF THE LOS ANGELES COUNTY DEPARTMENT OF

HEALTH SERVICES AGREEMENT FOR MEASURE B ADVISORY

BOARD FUNDING GRANT
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Page 239 of 358 ends

priority ranking to receive funding. The final approved Measure B funding is for the full quoted price of the power load stretcher and is not to exceed $48,065.

The power load stretcher will be used to move patients from the scene of initial patient care to the ambulance and then to a receiving emergency department. The power load stretcher ensures safe and efficient transport of patients during medical emergencies and reduces potential injuries to first responders. The new stretcher will be installed in the front-line rescue ambulance (RA) and replace a stretcher that is over ten years old and showing age and metal fatigue. The current stretcher will remain in service for use in the reserve RA.

FISCAL IMPACT & PROCUREMENT REVIEW
The Measure B funding opportunity is a reimbursement grant and represents no impact to the General Fund. The Los Angeles County Department of Health Services will process the reimbursement up to $48,065 upon receipt of goods by the San Marino Fire Department.

The Fire Department received a quote from Republic EVS, the manufacturer of the rescue ambulance currently in production, for one Stryker brand power load stretcher in the amount of $47,269. Republic EVS exclusively utilizes Stryker brand stretchers in the design of their vehicles.

The current RA91 and Reserve RA791 were also both designed to utilize stretchers manufactured by Stryker. In order to maintain consistency and compatibility with department equipment, the Fire Department is requesting to dispense with competitive bidding pursuant to SMMC §02.06.05 B. 2 b and purchase the power load stretcher from Republic EVS. If approved, Republic EVS would install the power load stretcher in the RA prior to final delivery.

LEGAL REVIEW
The City Attorney’s office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends the Council:
1) authorize the City Manager to enter an agreement with the Los Angeles County Department of Health Services for the 2021 Measure B funding grant in an amount not to exceed $48,065; 2) waive competitive bidding requirements and authorize the City Manager to enter a purchase agreement with Republic EVS to purchase one power load stretcher; and 3) approve a Fiscal Year 2021-22 budget amendment of $47,269 to expenditure account 591-34- 4613-9300 (Capitalized Equip-Vehicles) and a corresponding amendment to revenue account 591-00-3702-0000 (Reimbursements).

Page 240 of 358 ends

If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to authorize the City Manager to enter an agreement with the Los Angeles County Department of Public Health Services for the 2021 Measure B funding grant in an amount not to exceed $48,065; waive competitive bidding requirements and authorize the City Manager to enter into a purchase agreement with Republic EVS for one power load stretcher; and approve a Fiscal Year 2021-22 budget amendment of $47,269 to expenditure account 591-34-4613-9300 (Capitalized Equip-Vehicles) and a corresponding amendment to revenue account 591-00-3702- 0000 (Reimbursements).”

ATTACHMENTS

1. San Marino Fire Department Measure B Funding Proposal

2. Measure B Advisory Board Recommendations for Spending Available Unallocated 2021 Measure B Funds

3. Memorandum of Agreement for Prehospital Emergency Medical Care Enhancement Program

4. Purchase Order Request

Page 241 of 358 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 242 of 358 ends

Attachment I
Los Angeles County Measure B Funding Proposal 2021
Measure B funding will be allocated on a one-time basis with all expenditures to be completed within 12 months of award. If the proposal requires year to year funding the proposer must provide supporting documents on how they will cover the on-going costs in future years.

Requesting Entity Name:

San Marino Fire Department
Point of Contact Name:

Mario Rueda
Point of Contact Phone:
(626) 300-0735
Point of Contact email address:
[email protected]
Amount of Funding Requested:
$ 61,484.56
Brief Project Description:

The San Marino Fire Department (SMFD) seeks Los
Angeles County Measure B funding to purchase lifesaving equipment, with the objective of improving the delivery of emergency services in San Marino and in surrounding
Cities. The SMFD proposes to purchase one (1) ambulance cot (gurney) with an accompanying power loader and one
(1) battery powered combination cutter & spreader tool
(Combi Tool). This improved capability will enable SMFD’s Rescue Ambulance and Paramedic Engine to be fully
equipped to provide improved patient care, provide for the extrication and rescue of trauma patients, and reduce injury to personnel providing ALS response.

The primary mission of SMFD is to save lives and property and ensure the safety of our community. The majority of the SMFD’s service delivery to the community is emergency
medical response. SMFD participates in response to all
surrounding cities in Area C (including the Cities of
Alhambra, Burbank, Glendale, Monterey Park, Pasadena,
Arcadia, Sierra Madre, Monrovia, San Gabriel, and South Pasadena). As such, SMFD has the potential to deliver
emergency medical care to a large area with a total
population greater than 740,000. The proposed equipment purchases will also improve the service and quality of the SMFD’s emergency response to these communities.

Describe the gap in Emergency
Medical Services, Trauma
Services or Bioterrorism
Preparedness that the
requested funds addresses:

Discuss the current situation,
strategy to solve the identified gap
SMFD delivers services on a daily basis with a Rescue
Ambulance (RA) and a Paramedic Engine. Supplemental
staffing on a second RA and second Engine occurs during anticipated increased emergency response volume,
potential high-risk red flag warning days, and during
planned events, such as the Rose Parade, Rose Bowl, and 4th of July celebrations. Equipment required to deliver emergency medical response to communities in Area C

Page 243 of 358 ends

and how the allocation of Measure B
funds benefits the citizens of Los
Angeles Count)
requires routine replacement due to age and obsolescence.

Personnel costs, along with increasing pension costs, have prevented the City of San Marino from establishing an
equipment replacement fund. As a result, many devices are kept in service as front-line equipment well past their retirement date. Examples of one such piece of equipment is the department’s ambulance cot.

The ambulance cot is used to move patients from the
scene of initial patient care to the ambulance and then to a receiving emergency department. One of the ambulance
cots currently in service has performed well, but is showing signs of age and metal fatigue. This cot is over 10 years old. Replacement of the existing ambulance cot with the Stryker Power-PRO 6506 cot and its accompanying Stryker Power-LOAD would ensure safe and efficient transport of patients during medical emergencies, and reduce potential injuries to first responders.

In addition to the need for the replacement of older
equipment, new and emerging rescue tool technology
provides opportunities to deliver a new capability within our response area. Advanced rescue equipment such as the
Hurst eDraulic Combi Tool will provide the capability for rapid extrication of trapped victims during traffic collisions, building collapse, and other disasters. The Combi Tool is available for a wide range of rescue operations such as forcible entry, heavy lifting, prying, and rescue. Currently, the SMFD relies on neighboring agencies to perform these critical tasks. When simultaneous responses occur, or
during a disaster, there is the potential for significant delays in response time from outside agencies. The SMFD will be able to provide immediate extrication of trapped and injured patients. Subsequently allowing for lifesaving interventions and rapid transport of the patient to nearby trauma centers.

Justification:

Place a checkmark next to each of
the applicable statements and
incorporate comments into your brief
2-3 paragraph narrative justification.
 Achieves compliance
with legal requirements,
mandate, citation or
audit.
☐ Provides a new
service for patients.
 Increases capacity to
meet patient care
demand.
 Improves efficiency.
 Provides for
improvements in
emergency preparedness
activities.
 Increases patient
safety/reduces risk.
 Improves timely access
to healthcare.
☐ Other

Page 244 of 358 ends

Narrative Justification:

The City of San Marino is a full-service general law city located in Los Angeles County. The City shares borders
with several cities, including the City of South Pasadena (population 25,000) and the City of Pasadena (population 141,000). The City was designed by its founders to be
uniquely residential, with expansive properties, well
maintained infrastructure, top performing schools, and highquality public service. The City is 3.75 square miles with a population of 13,467.

The City has one fire station, which houses all apparatus and staff. There are 20 uniformed and one non-uniformed positions. Of the 1,758 responses in 2020, over 1,200
responses were for emergency medical services
San Marino has active and well-established automatic aid agreements covering 11 additional communities.

Considering these agreements, the Fire Department helps to protect a population greater than 740,000 residents.

SMFD also regularly responds to emergencies in nearby
areas of unincorporated Los Angeles County, and annually responds outside of the County on brush fire incidents.

SMFD frequently assists at prominent Los Angeles area
sites such as the world-famous Rose Bowl and Rose
Parade in Pasadena, and would be asked to respond in the event of a catastrophic or terrorist event at major stadiums (Staples Center, Dodger Stadium, the Coliseum), one of
the deep-water ports in Los Angeles or Long Beach,
airports, and more. San Marino also has several
canyon/watershed areas that includes concrete flood
channels for the Los Angeles River.

This award would greatly enhance the SMFD’s daily
operations and positively impact its ability to protect life and property. The replacement of the ambulance cot and power load will ensure safe, uncompromised transport of persons requiring higher level care, and adding a battery powered combi tool would greatly increase our ability to perform rapid extrication of trapped victims.

Timeline
When funds will be needed, how
long will it take to implement.

Explain/list the major milestones to
achieve implementation and the
approximate timeline for each.

Each item requested can be placed into service
immediately upon receipt from the vendor. None of the
requested equipment requires a significant implementation process. All personnel are familiar with each of the
requested devices and can efficiently operate each one
with no additional training. No equipment will require
modification to supply the requested devices.

Page 245 of 358 ends

Provide as separate attachments the following supporting documents:
• List of equipment and price quotations for equipment purchases. • Financial statements will be required for funding request to offset the operational loss for providing a specific service (e.g. Trauma Services). The financial statements must clearly show direct expenses incurred and revenue received and expected to be received from all sources (including subsidy and donations) for providing the service, with the request for Measure B funding no more than the gap between the revenue and expenses. • For proposed new services or activities, a detailed budget must accompany the funding request, that includes a list of personnel, equipment, supplies and services costs, and an explanation of how these costs are determined.
• When a request requires the hiring of personnel or incurring other long-term financial obligations (e.g. lease) for future years, the requesting entity must provide supporting documentation demonstrating how they will cover the personnel cost and these obligations if Measure B funding is not available in future years.
• If the requesting entity is a Los Angeles County department, provide a letter from the Chief Executive Office approving the addition of the requested item to the department’s budget. • Project Timeline: Include how soon project would begin once funded. For one-time funding, indicate the total time needed to complete project and major milestones along the timeline.

Submit all documents via mail or email no later than July 15 of the year to:

Los Angeles County
Emergency Medical Services Agency
Measure B Advisory Board
10100 Pioneer Boulevard, Suite 200
Santa Fe Springs, CA 90670
Attention: Kay Fruhwirth
[email protected]

Page 246 of 358 ends

San Marino Fire Department
Los Angeles County Measure B Funding Proposal 2021
Equipment List
Attachment Equipment Vendor Price

1. Hurst eDraulic combi tool L.N. Curtis $13,428.53

2. Stryker Power-Pro XT Powered Ambulance Cot Republic EVS $48,056.03 Total $61,484.56

Page 247 of 358 ends

Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
DUNS#: 00-922-4163
Pacific South Division
16821 Knott Avenue
La Mirada, CA 90638
www.LNCurtis.com
Quotation No. 181441
Quotation
CUSTOMER: SHIP TO:

San Marino City Fire
Department
2200 Huntington Drive
San Marino CA 91108
San Marino City Fire
Department
2200 Huntington Drive
San Marino CA 91108
QUOTATION NO. ISSUED DATE EXPIRATION DATE
181441 03/02/2021 05/01/2021

SALESPERSON CUSTOMER SERVICE REP
Ed Shabro
[email protected]
760-250-1180
Ken Perry
[email protected]
510-268-3326
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS JEFF TSAY C35892 Net 30 FR
F.O.B. SHIP VIA DELIVERY REQ. BY
FTSP Standard Shipping

NOTES & DISCLAIMERS
THANK YOU FOR THIS OPPORTUNITY TO QUOTE. WE ARE PLEASED TO OFFER REQUESTED ITEMS AS FOLLOWS. IF YOU

HAVE ANY QUESTIONS, NEED ADDITIONAL INFORMATION, OR WOULD LIKE TO PLACE AN ORDER, PLEASE CONTACT YOUR SALESPERSON OR CUSTOMER SERVICE REP AS NOTED ABOVE.

LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 1 1 EA 273049000 HURST SC 758e2 eDraulic combi tool, includes:
1 - Charger
2 - Exl batteries
$12,195.00 $12,195.00
DUNS NUMBER: 009224163
SIC CODE: 5099
FEDERAL TAX ID: 94-1214350
THIS PRICING REMAINS FIRM UNTIL 05/01/2021. CONTACT US FOR UPDATED PRICING AFTER THIS DATE.

Subtotal $12,195.00
Tax Total $1,158.53
Transportation $75.00
Total $13,428.53
View Terms of Sale and Return Policy
San Marino Fire Department
Measure B Grant Proposal
Quote #1

Page 248 of 358 ends

ESTIMATE

POWER LOAD
RepublicEVS
12410 Clark St.

Santa Fe Springs, California 90670
United States
Phone: (562) 204-6047
Mobile: (626) 940-8696
www.republicevs.com

BILL TO
CITY OF SAN MARINO FIRE DEPT.
2200 HUNTINGTON DRIVE
SAN MARINO , California 91108
United States
Estimate Number: 123
Estimate Date: April 16, 2021
Expires On: May 16, 2021
Grand Total (USD): $48,065.03
Items Quantity Price Amount
Parts Desc:

MTS POWER LOAD
6506 MTS PWRPRO COT MID CONFIG
1 $43,895.00 $43,895.00
Subtotal: $43,895.00
SANMARINO 9.5%: $4,170.03
Total: $48,065.03
Grand Total (USD): $48,065.03
San Marino Fire Department
Measure B Grant Proposal
Quote #2

Page 249 of 358 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 250 of 358 ends

County of Los Angeles

CHIEF EXECUTIVE OFFICE
Kenneth Hahn Hall of Administration
500 West Temple Street, Room 713, Los Angeles, California 90012 (213) 974-1101
http://ceo.lacounty.gov
Board of SupervisorsHILDA L. SOLISFirst DistrictHOLLY J. MITCHELL Second District
F k 7 SHEILA KUEHL euruary I , V Third District

JANICE HAHN
Fourth DistrictKATHRYN BARGERFifth District
To: Supervisor Holly J. Mitchell, Chair
Supervisor Hilda L. Soils
Supervisor Sheila KuehlSupervisor Janice HahnSupervisor KatyBarger From: Fesia A. Davenp
Chief Executive Officê1’1

MEASURE B ADVISORY BOARD RECOMMENDATIONS FOR SPENDING
AVAILABLE UNALLOCATED 2021 MEASURE B FUNDS
On July 11, 2017, the Board of Supervisors (Board) approved a motion by Supervisors Barger and Hahn that directed the Chief Executive Office (CEO) to implement the Measure B Advisory Board (MBAB) to guide the Board on options and/or recommendations for spending unallocated Measure B funds. This is the third annual report to the Board regarding the work completed by the MBAB and recommendations for spending unallocated Measure B funds. In 2020, the MBAB process was suspended due to COVID-19.

BACKGROUND
In November 2002, voters in the County of Los Angeles (County) approved Measure B, which authorized the County to levy a special tax on building improvements to providefunding for the countywide system of trauma centers, emergency medical services, and for bioterrorism response throughout the County.As directed in the July 11, 2017 Board motion, the MBAB will provide advice to the Board on options and/or recommendations for spending future unallocated Measure B funds.

Actual allocation of funding will be solely at the discretion of the Board and contingent upon Board approval.

FESIA A. DAVENPORT
Chief Executive Officer
“To Enrich Lives Through Effective And Caring Service”

Page 251 of 358 ends

Each Supervisor
February 7, 2022Page 2
The MBAB is co-chaired by budget managers from the CEO Health and Mental Health Services Division and the County’s Emergency Medical Services Agency (EMS) and includes one member from each of the following entities: Auditor-Controller, Department of Health Services (DHS), Department of Public Health, County of Los Angeles Fire Department, a representative of non-County trauma hospitals, as appointed by the Hospital Association of Southern California, the chair (or delegate) of the Los Angeles County Emergency Medical Services Commission, a surgeon practicing at a trauma hospital in the County as appointed by the Southern California chapter of the American College of Surgeons, and a registered nurse practicing in an emergency department of a designated trauma hospital in the County, as appointed by the California Nurses Association.

Proposals for the Measure B funding are submitted to the MBAB each year from April 1 through July 15 and are reviewed and ranked by the MBAB using a three-level ranking system. Additional information on the Measure B funding process can be found in Attachment I.

MEASURE B PROPOSALS FOR 2021
The MBAB received 39 funding proposals for consideration; however, one proposal was removed prior to the MBAB’s review of the proposal submission, based on County Counsel’s review and determination that the proposal was for expenditures not authorized for Measure B funding, and five proposals were withdrawn by the proposers, leaving 33 proposals for consideration. Of the 33 proposals submitted, many contained requests formultiple components resulting in the MBAB ranking 52 distinct projects.

The amount of Measure B unallocated funding available to fund these projects totaled approximately $13.0 million. The 52 proposed projects totaling $25,741,641 were considered by the MBAB members and then ranked based on their level of priority. The description of each proposal and their numeric ranking is included in Attachment II.

RECOMMENDATIONS
Based on the evaluation conducted by the MBAB and the $13.0 million of funding available to cover the cost of these requests, the CEO is recommending that the Board approve one-time funding for all proposals receiving a ranking of 1.75 or higher, totalingapproximately $12.52 million, as shown on Attachment II. This would fund 28 of the 52 proposed projects. If the Board approves these recommendations, the CEO will work with EMS and the impacted County and non-County entities to implement these initiatives. Unless otherwise instructed by the Board by February 21, 2022, the CEO will work with the EMS and DHS to allocate funding as outlined herein, to the requesting

Page 252 of 358 ends

Each Supervisor
February 7, 2022Page 3
organizations. Final funding allocations will be approved as part of the Board’s regular budget process.

If you have any questions concerning this matter, please contact me or Mason Matthews, Budget and Finance Division, at (213) 974-2395 or mmatthewsceo.lacounty.ciov.FAD:JMN:MMMM: EB: cc Attachments
C: Executive Office, Board of Supervisors
County Counsel
Auditor-Controller
Emergency Medical Services AgencyFire
Health ServicesPublic Health
California Nurses Association
Hospital Association of Southern California
Southern California Chapter, American College of Surgeons

Page 253 of 358 ends

ATTACHMENT I

MEASURE B ADVISORY BOARD
10100 Pioneer Boulevard, Suite 200
Santa Fe Springs, CA 90670
Measure B Funding
Process for Submitting Funding Proposals
2021
BackgroundMeasure B is a special property assessment that was passed by the voters of Los Angeles County onNovember 5, 2002. This assessment is imposed upon all improvements (buildings) located in Los Angeles County and is added to Los Angeles County property taxes to provide funding for the Countywide System of Trauma Centers, Emergency Medical Services, and Bioterrorism Response.

The use of Measure B funds is restricted to four areas and authorized expenditures must fall within oneof these areas:

Trauma • Maintain all aspects of countywide system of trauma centers.

Centers • Expand system of trauma centers to cover all areas of the county. • Provide financial incentives to keep existing trauma centers within the system.
• Pay for the costs of trauma centers, including physician and other personnel costs.

Emergency • Coordinate and maintain a countywide system of emergency medicalMedical services.

Services • Pay for the costs of emergency medical services, including physician and other personnel costs.

Bioterrorism • Enable stockpiling of safe and appropriate medicines to treat personsResponse affected by a bioterrorism or chemical attack. • Train health care workers and other emergency personnel to deal with the medical needs of those exposed to a bioterrorism or chemical attack. • Provide medical screenings and treatment for exposure to biological or chemical agents in the event of a bioterrorism or chemical attack. • Ensure the availability of mental health services in the event of a terrorist attack.

Administration • Defray administrative expenses, including payment of salaries and benefits for personnel in the Los Angeles County Department of Health Services and other incidental expenses.
• Recover the costs of the special election in 2002.• Recover the reasonable costs incurred by the county in spreading, billing and collecting the special tax.

Submitting a Proposal
Proposals for Measure B funding can be submitted each year from April 15 through July 15 of that year.

The proposals will be reviewed prior to the Measure B Advisory Board (MBAB) proposal review meeting,

Page 254 of 358 ends

to insure the proposed expenditures are authorized for Measure B funding. Any proposals for expenditures not authorized for under Measure B will be removed and the submitting entity will be notified of this action.

The MBAB will review and rank all submitted requests for Measure B funding with proposed expenditures that are authorized for Measure B at the MBAB proposal review meeting, typicallyscheduled in September of each year. If additional time is needed to review and evaluate the requests,another meeting will be scheduled typically later in September or in October of that year.

Below are the steps for submitting a proposal:

1. Complete the Measure B Proposal form and submit it, along with any supporting documents, via mail or email to the Los Angeles County EMS Agency no later than 5:00 pm on July 15 of the year to allow adequate time for the proposals to be reviewed and distributed prior to the first MBAB proposal review meeting. Supporting documents include price quotations for equipmentpurchases, budget, and pertinent financial statements. Financial statements will be required for funding request to offset the operational loss for providing a specific service (e.g. Trauma Services). The financial statements must clearly show direct expenses incurred and revenue received and expected to be received from all sources (including subsidy and donations) forproviding the service. For proposed new services or activities, a detailed budget must accompany the funding request, that includes a list of personnel, equipment, supplies and services costs, and an explanation of how these costs are determined. Additionally, when a request requires the hiring of personnel or incurring other long-term financial obligations (e.g.lease) for future years, the requesting entity must provide supporting documentation demonstrating how they will cover the personnel cost and these obligations if Measure B funding is not available in future years. Every requesting entities must provide a letter from the organization’s Department Head/Executive Office approving the proposal submission.

2. Proposers are encouraged to attend the MBAB proposal review meeting(s) to provide a brief overview of their project, limited to two minutes and be available to answer any questions thatthe members of the MBAB may have related to their proposal. If a second meeting is also scheduled for review of proposals, the proposers are encouraged to also attend this meeting.

The first meeting is typically scheduled in September of the year and if another meeting is needed, it will be scheduled typically later in September or in October of that year.

3. After reviewing all eligible proposals, the MBAB members will rank score the projects while the proposers are in attendance. However, the ranking score given by the MBAB does not guarantee approval by the Board of Supervisors.

Evaluating and Rank Ordering of the Proposals
After reviewing all eligible proposals submitted for a given year, the MBAB will rank the proposals using a three-level ranking system. Each qualified proposal will be given a high priority (Score of 3), medium priority (Score of 2), or low priority (Score of 1) score. All MBAB members may vote on any proposalsbeing considered, even if they are affiliated with the requesting entity, or has an interest in or will benefit from a proposal(s), unless it is deemed inappropriate by the MBAB Co-Chairs. The ranking will be done by each MBAB voting member providing a number ranking and an average score will be determined using all voting member rankings for each proposal.
2IPage

Page 255 of 358 ends

When evaluating/ranking each proposal, the committee may take into consideration the following:
• Consistency with the original intent of Measure B• Regional or system-wide application and impact • Improves overall services of trauma, EMS or bioterrorism• Addresses any major gap in the system to ensure access and health equity• Feasibility of proposed project, given the available time and resources• Completeness of proposal Board Consideration
A memo to the Board of Supervisors providing information on all the eligible proposals that were submitted and reviewed will be written by the Co-Chairs. The Board memo will highlight the amount of unallocated Measure B funding that is available and the rank order score of each proposal. It shall be the Board’s sole discretion and decision on what proposals are to be funded, as well as the amountawarded.

Once a proposal is approved by the Board, additional processes may need to be implemented prior to disbursement of the funds. This includes entering into a written agreement with the County outlining the use of the funding and the timeframe for incurring expenses. Typically, any Measure B funds that are awarded should be expended within 12 months of award. All Measure B funding is awarded on a reimbursement basis, with the receiving entity incurring the expense and then submitting the claim orinvoice to Los Angeles County - Department of Health Services / Health Services Administration Finance for reimbursement.

If you have any questions regarding submitting a proposal, please contact Kay Fruhwirth, EMS Agency Nursing Director at kfruhwirth(dhs.lacounty.qov or 562-378-1596. 3 Page

Page 256 of 358 ends

ATTACHMENT II

MEASURE

B ADVISORY BOARD

PROPOSAL NAME/DESCRIPTION
2021
Funding
# Proposal Nameltkscription Request Ranking
Requests Recommended for Funding
tHospital Association of Southern California (HASC) on behalf $3,938,834 2.88 of the Non-County Trauma Hospitals requests funding to covertrauma program costs associated with operating a traumacenter, specifically the cost of physician call coverage. The request is for $6.9 million and is made up of approximately $3,938,834 in Measure
B funds for an inter-governmental
transfer (IGT) and another $2,961,166 in federal matching . funds.

2. Emergency Medical Services Agency requests funding for the $87,185 2.75 Hospital Emergency Response Team (HERT) to cover supplies and training. The HERT is a valuable resource, which
provides higher level care to critical trauma and medicalpatients in the field for situations in which delays getting to the Trauma Center would result in harm to the patient.

3. Emergency Medical Services Agency requests funding for a $228,100 2.63 Learning Management System and Instructional Design toimprove EMS content delivery, distribute standardized learning content and efficiently track learner completion for the over 12,00Q EMS personnel throughout Los Angeles County

4. HASC on behalf of the Non-County Trauma Hospitals requests $2,226,297 2.38 funding to cover trauma program costs associated with
operating a trauma center, specifically the cost to support timely data collection, analysis, and performance improvementpatient safety (PIPS). The request is for $3.9 million and is made up of approximately $2,226,297 in Measure
B funds for
an IGT and another $1,673,703 in federal matching funds.

5. Los Angeles Fire Department Air Operations requests funding $105,640 2.25 for Phase I implementation of Flight Data Monitoring (FDM).

FDM technology integrates flight following tracking with aircraft’s onboard systems, which provide real-time location and immediate notification to remote users in the event of ems warning
o fa ure

6. Hawthorne Police Department requests funding to conduct $21 000 2.25 Stop the Bleed training for 250 community members.

7. PIH Health Whittier Hospital requests funding to replace the $164,704 2.25 base staDon radio system. . .

8. Compton Fire Department requests funding to purchase eight $25,110 2.13 (8) Automated Emergency Defibrillators (AEDs) that arecompatible with their monitor/defibrillators would improve the transition of care from basic life support to advanced life support.
.

9. Los Angeles County Fire Department requests funding to $1,734,960 2.13 expand their Assessment Engines, upgrading 44 engines to assessment engines. .

Page 257 of 358 ends

ATTACHMENT II
Funding
# Proposal NamelDescription Request Ranking

10. HASC on behalf of the Non-County Trauma Hospitals requests $260,000 2.13 funding to cover trauma program costs associated with
operating a trauma center, specifically the cost for up-to-date education for credentialing of trauma center staff that supportclinical patient care, data and performance improvement. 1 1. Monterey Park Fire Department requests funding to purchase $95,017 2.0 two (2) monitor/defibrillators in order to replace their aging units.

12. Alhambra Fire Department requests funding to purchase eight $340,000 2.0 (8) monitor/defibrillators in order to be placed on the frontline apparatus and Rescue Ambulances in their city.

13. Downey Fire Department requests funding to purchase two (2) $91,563 2.0 monitor/defibrillators and accessories in order to be placed on the frontline apparatus and Rescue Amu ances in their city.

14. South Pasadena Fire Department requests funding to purchase $85,060 2.0 three (3) monitor/defibrillators in order to replace their aging units.

15. San Gabriel Fire Department requests funding to purchase $150,360 2.0 three (3) monitor/defibrillators in order to be placed on thefrontline apparatus and Rescue Ambulances in their city.

16. Monrovia Fire Department requests funding to purchase two (2) $89,000 2.0 monitor/defibrillators in order to place an additional paramedic assessment unit in service and update an existing unit.

17. HASC on behalf of the Non-County Trauma Hospitals requests $520,000 2.0 funding to cover the cost of doing Stop the Bleed community outreach.

18. San Gabriel Fire Department requests funding to upgrade the $13,500 1.88 three (3) monitor/defibrillators with Real BVM, RescueNet Liveand Traumatic Brain injury dashboard.

19. Long Beach Health and Human Services request funding to $764,416 1.88 lease
a warehouse space and do the build out for use a local
distribution site to support mass prophylaxis in
a bioterrorism
1eventto cover seven (7) months of lease payments.

20. ‘ HASC on behalf of the Non-County Trauma Hospitals requests $260,000 1 .88 funding to cover the cost to deliver injury prevention programswithin each trauma centers’ community.

21. Torrance Fire Department requests funding to purchase four $79,424 1.75 (4) automated chest compression devices to be placed on the Paramedic Rescue Ambulances and ALS Paramedic Enginesintheircity.

22. Torrance Fire Department requests funding to purchase two (2) $110,515 1.75 power load stretcher for the BLS ambulances in their city.

23. Redondo Beach Fire Department requests funding to purchase $69,159 1.75 three (3) automated chest compression devices to be placed on the fire units in their city. .

24. Culver City Fire Department requests funding to purchase $683,803 1.75 twenty-six (26) automated chest compression devices to be placed on fire units in the cities of Burbank, Monrovia, Montebello, Long Beach, Pasadena, Santa Monica and Culver City.

Page 258 of 358 ends

ATTACHMENT II
: Funding
# Proposal NamelDescription Request Ranking

25. Monterey Park Fire Department requests funding to purchase $15,584 1 .75 one (1) automated chest compression devices to be placed onone fire unit in their city.

26. El Segundo Fire Department requests funding to purchase $60,510 1.75 three (3) automated chest compression devices to be placedon the fire units in their city.

27. San Marino Fire Department requests funding to purchase one $48,065 1 .75 (1) power load stretcher for the Rescue ambulance in their city.

28. The Regents of the University of California through the David $253,903 1.75 Geffen School of Medicine Department of Emergency Medicine UCLA Center for Prehospital Care requests funding for an instructional designer to collaborate with EMS educators tocurate lessons and create innovative, just-in-time onlinemodule content.

Requests Not Recommended for Funding

29. Hawthorne Police Department requests funding to create a pilot 249,550 1 .63 simulation-based training program focused on improving thedelivery of EMS care through the collaboration between lawenforcement first responders and EMS transport agencies.

30. Antelope Valley Hospital Trauma Program requests funding to $71,390 1.63 purchase tw0(2 rapid infu•sers.

31. St. Mary Medical Center Trauma Program requests funding to $49,789 1 .63 purchase one (1) ultrasound system.

32. El Segundo Fire Department requests funding to purchase $87,475 1.5 three (3) power load stretcher for the three paramedictranspon ng rescueambulançesn theircity

33. San Gabriel Fire Department requests funding to purchase two $40,199 1.5 (2) automated chest compression devices to be placed on the fire units in their city.
$4 Los Angeles Fire Department requests funding to purchase $70 351 1 5 replacement decontamination equipment on their fire
apparatus
: 35. HASC on behalf of the Non-County Trauma Hospitals requests : $433,333 1 .5 funding to cover the cost of cover the cost of educating the public pertaining to trauma centers
a tra urn yste is

36. Ronald Reagan UCLA Medical Center Trauma Program $93,000 1.5 re
uests fund ng to purchase one (1 ultrasoUndYstern.

37. Torrance Memorial Medical Center requests funding for the $227,755 1 .5 construction and development of
a Sirn ulatic n La
— 38. Antelope Valley Hospital Medical Center Forensic Services Unit $282,250 1.5 requests funding to offset the cost of services that are not h reimbursable such as forensic examinations for physical assault associated with child abuse and domestic violence.

39. San Gabriel Medical Center Forensic Services Unit requests $433,200 1 .5 funding to offset the cost of services that are not reimbursable such as forensic examinations for physical assault associated with child abuse and domestic violence.

Page 259 of 358 ends

ATTACHMENT II
Funding
# Proposal NamelDescription Request Ranking
40 San Marino Fire Department requests funding to purchase one $13,429 1.38 Combi Tool used to extricate trapped patients during trafficpp!lisiqr.... and build ngcc.!.!.aPSe. 41 Redondo Beach Fire Department requests funding to purchase $46,567 1 .38 one Utility Terrain Vehicle to deploy to mass gathering/special events.
42 St. Mary Medical Center Trauma Program requests funding to $50,241 1.38 purchase three (3)aid infusers.
43 Los Angeles Fire Department requests funding to purchase $63,480 1 .25 four (4) hazmat trailers and nine (9) radiation detectors to replace outdated equipment.
44 Hawthorne Police Department requests funding to pay
a $60,000 1.25
program manager to run the simulation lab and organize
simulation training with law enforcement and EMS - 45 Ronald Reagan UCLA Medical Center Trauma Program $45,000 1 .25 requests funding to purchase one (1) rapid infuser to replace outdated equipmen
46 Department of Health Services Housing for Health requests $5,070,000 1.25 funding to cover the operational costs of the Sobering Center or one year.
.
47 Los Angeles Fire Department requests funding to purchase $1,000,000 1.0 four (4) box trucks to replace the existing decontamination trailers.
48 St. Mary Medical Center Trauma Program requests funding to $961 1.0 purchase one( Setof skin graft handles.
49 Torrance Memorial Medical Center requests funding to cover $105,000 1.0 the salary cost for one year of
a technician to manage the
simulation laboratory.
50 Torrance Memorial Medical Center requests funding to $10,535 purchase disposable supplies that would be used in the
mu!ation !aboratory

51. Antelope Valley Hospital Medical Center Forensic Services Unit $6,321 1.0 requests funding to assist in the development of
a database
software program and first responder and community training materials.

52. San Gabriel Medical Center 1órsic Services Unit requests $75,237 1.0 funding to develop
a database software program and fund
a
data programmer. .

Page 260 of 358 ends

Prehospital Emergency Medical Care Enhancement Program
Agreement No.: H-709486

MEMORANDUM OF AGREEMENT
FOR

PREHOSPITAL EMERGENCY MEDICAL CARE ENHANCEMENT PROGRAM
THIS MEMORANDUM OF AGREEMENT (hereafter "MOA") is made and entered into this _________ day of ________________, 2022,
By and between COUNTY OF LOS ANGELES
(hereafter "County"),
And CITY OF SAN MARINO

FIRE DEPARTMENT
(hereafter "Provider").

Business Address:
2200 Huntington Drive
San Marino, CA 91108
WHEREAS, pursuant to the authority granted under the Emergency Medical Services and Prehospital Emergency Medical Care Personnel Act (Health & Safety Code, § 1797, et seq., hereinafter referred to as the "Act"), the County has established and maintains, through the County's Department of Health Services' (DHS) Emergency Medical Services Agency (EMS Agency), an advanced life support (ALS) system for Emergency Paramedic Transportation Services; and
WHEREAS, under the California Health and Safety (H&S) Code, Division 2.5, Chapter 4, Article 1, Section 1797.204 the local EMS Agency shall plan, implement, and evaluate an emergency medical services system, in accordance with the provisions of this part, consisting of an organized pattern of readiness and response services based on public and private agreements and operational procedures; and
WHEREAS, on July 30, 2002, the County Board of Supervisors adopted the resolution to ask voters, to approve an annual special tax imposed upon all improved parcels through ballot Measure B. If passed, Measure B would be used to financially support

Page 261 of 358 ends

Prehospital Emergency Medical Care Enhancement Program
the Countywide System of Trauma Centers, Emergency Medical Services and Bioterrorism Response; and
WHEREAS, Provider presented a proposal to County's Measure B Advisory Board to fund the purchase of one power load stretcher for funding consideration using unallocated Measure B funds; and
WHEREAS, on February 7, 2022, County's Board of Supervisors approved Provider's Measure B funding proposal for an amount of up to $48,065 for the purchase of one power load stretcher.

WHEREAS, the parties concur that this MOA, as applied, does not affect in any manner the Provider's present or future rights for the provision of its jurisdiction's prehospital emergency medical services under H&S Code Sections 1797.201 or 1797.224, and that this MOA is solely for the purpose of establishing terms and conditions for reimbursement by County to Provider for the purchase of approved equipment provided under the November 2002 voter-approved Measure B ballot initiative; and
NOW, THEREFORE, the parties hereto agree as follows:

1.0 SCOPE

1.1 Provider shall purchase, and for which County shall reimburse Provider with Measure B funding, one (1) power load stretcher to improve the level of service and prehospital emergency care in order to efficiently and appropriately deliver emergency medical care to the sick and injured at the scene of an emergency within the County.

1.2 Provider shall be responsible for maintaining the equipment purchased under this MOA.

1.3 Provider agrees to utilize the power load stretcher in a manner consistent with standards, policies, and procedures of the EMS Agency, and without regard to a patient's ability to pay.

2.0 TERM

2.1 The term of this MOA is effective upon the date of execution by the Director of Health Services (Director), or designee. This MOA shall expire on June 30, 2023 unless sooner extended or terminated, in whole or in part, as provided herein.

2.2 In any event, this MOA may be terminated for any reason at any time by either party by giving at least thirty (30) calendar days advance written notice to the other party.

Page 262 of 358 ends

Prehospital Emergency Medical Care Enhancement Program

3.0 PAYMENT AND INVOICES

3.1 County's maximum reimbursement to Provider for the purchase of one (1) power load stretcher shall not exceed Forty-Eight Thousand, Sixty-Five Dollars ($48,065).

3.2 County shall not reimburse Provider for the purchase of the power load stretcher to the extent that Provider has received funding from any other grant or third-party source to offset the cost.

3.3 Provider shall submit copies of its vendor's invoice(s), with proof of Provider's payment, to the County that reflects and provides details for the purchase.

Invoice(s) and proof of payment shall be forwarded to County via United States Postal Service, facsimile transmission , or e-mail transmission within thirty (30) days after payment to the vendor to the following address:

Department of Health Services
Emergency Medical Services Agency
10100 Pioneer Blvd., Suite 200
Santa Fe Springs, CA 90670
Attn: Adrian Romero, County's Project Director
562-941-2397
E-mail: [email protected]

3.3.1 County Approval of Invoices
All invoices submitted by the Provider for payment must have the written approval of the County's Project Director prior to any payment thereof. In no event shall the County be liable or responsible for any payment prior to such written approval.

3.3.2 County shall reimburse Provider within ninety (90) days of receipt of complete and correct invoice(s), including Provider's purchase order(s) and proof of payment from Provider for allowable purchases.

3.4 Default Method of Payment: Direct Deposit or Electronic Funds Transfer

3.4.1 The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement/ contract with the County shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the AuditorController (A-C).

Page 263 of 358 ends

Prehospital Emergency Medical Care Enhancement Program

3.4.2 The Contractor shall submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.

3.4.3 Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit shall supersede this requirement with respect to those payments.

3.4.4 At any time during the duration of the Agreement, a Contractor may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business or operational needs and explain why the payment method designated by the A-C is not feasible and an alternative is necessary. The A-C, in consultation with the contracting department(s), shall decide whether to approve exemption requests.

4.0 COUNTY ADMINISTRATION

4.1 Director shall have the authority to administer this MOA on behalf of the County.

Director retains professional and administrative responsibility for the services rendered under this MOA.

4.2 County's Project Director shall be responsible for ensuring that the objectives of this MOA are met and providing direction to the Provider in the areas relating to County policy, information requirements, and procedural requirements.

County's Project Director is:

Adrian Romero
Department of Health Services
Emergency Medical Services Agency
10100 Pioneer Blvd., Suite 200
Santa Fe Springs, CA 90670
Telephone: (562) 378-1595
E-mail: [email protected]

4.3 County shall notify Provider in writing of any change in the name of the County's Project Director.

5.0 PROVIDER ADMINISTRATION

5.1 Provider's Project Manager shall be responsible for Provider's day-to-day activities as related to this MOA and shall coordinate with County's Project Director on a regular basis. Provider's Project Manager is:

Page 264 of 358 ends

Prehospital Emergency Medical Care Enhancement Program
Mario Rueda
City of San Marino Fire Department
2200 Huntington Drive
San Marino, CA 91108
Telephone: (626) 300-0735
E-mail: [email protected]

5.2 Provider shall notify County in writing of any change in the name or address of Provider's Project Manager.

6.0 AMENDMENTS
For any change that affects the term or any conditions included under this MOA, an Amendment shall be prepared by County and then executed by Provider and by Director, or designee.

7.0 FACSIMILE AND/OR PORTABLE DOCUMENT FORMAT REPRESENTATIONS County and Provider hereby agree to regard signed Amendments received via facsimile transmission and/or in Portable Document Format (PDF) via e-mail, as representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Amendments prepared pursuant to Sub-paragraph 6.0, and as legally sufficient evidence that such original signatures have been affixed to Amendments to this Agreement, and as such, the parties need not exchange with each other the signed original Amendment(s).

8.0 GOVERNING LAW, JURISDICTION, AND VENUE
This MOA shall be governed by, and construed in accordance with, the laws of the State of California. Provider agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this MOA and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles.

9.0 INDEPENDENT PROVIDER STATUS

9.1 This MOA is by and between County and Provider and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between County and Provider.

The employees and agents of one party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever.

9.2 Provider shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this MOA all compensation and benefits. County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of Provider.

Page 265 of 358 ends

Prehospital Emergency Medical Care Enhancement Program

9.3 Provider understands and agrees that all persons performing work pursuant to this MOA are, for purposes of Workers' Compensation liability, solely employees of Provider and not employees of County. Provider shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of Provider pursuant to this MOA.

10.0 INDEMNIFICATION
Provider shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ("County Indemnitees") from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with Provider's intentional, willful, or negligent acts and/or omissions arising from and/or relating to this MOA, except as to the sole intentional, willful, or negligent acts and/or omissions of the County Indemnitees.

11.0 NOTICES
All notices or demands required or permitted to be given or made under this MOA shall be in writing and shall be hand delivered with signed receipt or mailed by first-class registered or certified mail, postage prepaid, addressed to the parties as identified in Sub-paragraphs 4.2 and 5.1, and copies to:

Julio C. Alvarado, Director
Contracts and Grants Division
313 North Figueroa Street, 6th Floor East
Los Angeles, California 90012
Addresses may be changed by either party giving ten (10) days' prior written notice thereof to the other party.
/
/
/
/
/
/
/
/

Page 266 of 358 ends

Prehospital Emergency Medical Care Enhancement Program
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this MOA to be executed by the County's Director of Health Services, and Provider has caused this MOA to be executed in its behalf by its duly authorized officer, the day, month, and year first above written.

COUNTY OF LOS ANGELES
By: ________________________________for
Christina R. Ghaly, M.D.

Director of Health Services

PROVIDER

CITY OF SAN MARINO FIRE DEPARTMENT
By: ________________________________
Signature
_________________________________
Printed Name
_________________________________
Title
APPROVED AS TO FORM:

RODRIGO A. CASTRO-SILVA
County Counsel
By: _____________________________________
Brian T. Chu, Principal Deputy County Counsel

Page 267 of 358 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 268 of 358 ends

TO: Paul Chung, Finance Director
FROM: M. D. Rueda, Fire Chief
DATE: April 13, 2022
SUBJECT: PURCHASE ORDER REQUEST – REPUBLIC EVS
The San Marino Fire Department is requesting a purchase order in the amount of $47,269 to Republic EVS for one Stryker power load stretcher.

On February 7, 2022 the San Marino Fire Department received notification from the Los Angeles County Department of Health Services (DHS) that the department had been approved to purchase a power load stretcher through the Measure B Advisory Board funding grant. The grant would reimburse the San Marino Fire Department for the purchase of one stretcher not to exceed $48,065.

The Fire Department is submitting a staff report to the City Council requesting authorization for the City Manager to enter an agreement with DHS to accept the grant funds. If approved, the Fire Department is also requesting a waiver of bidding requirements to purchase one Stryker brand power load stretcher from Republic EVS.

RA91 and Reserve RA791 were both designed to utilize stretchers manufactured by Stryker. The RA currently in production at Republic EVS has also been built to utilize Stryker brand stretchers.

Republic EVS has provided a quote in the amount of $47,269 to purchase and install a Stryker power load stretcher in the RA during the manufacturing process. In order to maintain consistency and compatibility with department equipment, the Fire Department is requesting to dispense with competitive bidding pursuant to SMMC §02.06.05 B. 2 b:

Waiver Of Bidding: Bidding required by this subsection B for procurements of thirty thousand dollars ($30,000.00) or less may only be dispensed with when the City Manager or the Director of the department undertaking the procurement determines in writing that the goods or services are only available from one (1) source or that the best interests of the City are served by dispensing with competitive bids. Bidding required by this subsection B for procurements over thirty thousand dollars ($30,000.00) may only be dispensed with when the Finance Officer determines in writing that the goods or services are only available from one (1) source or that the best interests of the City are served by dispensing with competitive bids and are authorized by the City Council.

Page 269 of 358 ends

The Stryker power load stretcher cost is $47,269. The Fire Department has requested a FY 2021-22 budget amendment to expenditure account 591-34-4613-9300 (Capitalized EquipVehicles) as well as a corresponding amendment to revenue account 591-00-3702-0000 (Reimbursements). Following purchase of the stretcher, a copy of the payment will be forwarded to DHS. DHS will reimburse the City of San Marino within 90 days of receipt of the proof of payment.

ATTACHMENTS

1. Purchase Order Request Form

2. Republic EVS Quote

Page 270 of 358 ends

DEPARTMENT: Fire REQUEST DATE: 4/13/2022
DELIVER TO: Fire DATE NEEDED: 4/13/2022

QUANTITY UNIT UNIT PRICE
1 MTS Power Load, Power-PRO XT MTS 43168.66 43168.66 591-34-4613-9300 Tax 4101.02 591-34-4613-9300
COMPARATIVE VENDOR PRICE:
2ND BIDDER: N/A
3RD BIDDER: N/A
REQUESTED BY: M. D. Rueda, Fire Chief APPROVED BY:
1ST BIDDER VENDOR
NAME: Republic EVS
ADDRESS: 12410 Clark Street
Santa Fe Springs, CA 90670
PHONE (562) 204-6047

PLEASE TURN IN TO FINANCE DEPT FOR APPROVAL

ACCOUNT
VENDOR
VENDOR
PRICE
PRICE

DESCRIPTION

DEPARTMENT HEAD FINANCE DIRECTOR

TOTAL AMOUNT

CITY OF SAN MARINO

PURCHASE ORDER REQUEST FORM

Page 271 of 358 ends

Republic EVS LLC
12410 Clark Street
Santa Fe Springs, CA 90670 US
562.204.6047
[email protected]
Estimate

ADDRESS
Jeff Tsay
San Marino Fire Department
2200 Huntington Drive
San Marino, CA 91108 USA

SHIP TO
Jeff Tsay
San Marino Fire Department
2200 Huntington Drive
San Marino, CA 91108 USA
ESTIMATE 1044
DATE 03/10/2022

EXPIRATION
DATE
06/07/2022

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Parts MTS Power Load, Power-PRO XT MTS
Mid: Dual wheel lock, x-restaint
package, retractable head section O2
bottle holder, 3-stage IV pole PR,
equipment hook, H/E storage flat, XPS
side rail, XPS mattress, Trendelenburg,
dual compatibility, backrest storage
pouch
1 43,168.66 43,168.66T
SUBTOTAL 43,168.66
TAX 4,101.02
TOTAL $47,269.68
Accepted By
Accepted Date

Page 272 of 358 ends

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Engaged and Connected Residents
• Safe Community
• Fiscally Responsible and Transparent City Government

BACKGROUND
The San Marino Fire Department occasionally receives donations throughout the year from residents and organizations within the City of San Marino to assist the department in the purchase of equipment and new program expenses. The City of San Marino’s donation policy requires the City Council to approve any and all amendments to the Donations Fund expenditure appropriations.

DISCUSSION
In March 2022, the City Council approved a budget amendment to account 281-34-3601-0000 (Fire Donations Received) in the amount of $10,000, due to a generous donation from the Chinese Club of San Marino. In addition to several smaller donations received by residents and organizations within San Marino during the current and past fiscal years, the Fire Department currently has $27,283 in the Donations Fund Reserve Balance. All of the donations were unrestricted and were not intended for specific purposes besides to assist the department in the purchase of equipment and new program expenses.

After reviewing unbudgeted department needs, the Fire Department is requesting an expenditure amendment of $20,074 to account 281-34-4376-0000 (Fire Donations Materials & Supplies) for the following equipment and station furnishings:

TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: M. D. Rueda, Fire Chief
DATE: April 13, 2022
SUBJECT: APPROVAL OF $20,074 BUDGET AMENDMENT TO THE FIRE

DEPARTMENT MATERIAL & SUPPLIES DONATIONS FUND

ACCOUNT
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Page 273 of 358 ends

Dorm Mattresses
The Fire Department is requesting an expenditure amendment of $11,200 for the purchase of mattresses in the Firefighter, Captain, and Division Chief dorms. The mattresses were last replaced in 2009, are 13 years old, and in poor condition.

Strike Team Web Gear
The Fire Department is requesting an expenditure amendment of $2,530 for the purchase of strike team web gear to carry essential equipment to the fireline for deployment to wildland fires.

The department does not currently have this type of pack that allows firefighters to carry equipment on their person in wildland terrain.

Active Shooter Kits
The Fire Department is requesting an expenditure amendment of $6,344 for the purchase of medical supplies and equipment to furnish eight active shooter kits for placement on Reserve Engine 791 and Reserve Rescue Ambulance (RA) 791. The Fire Department previously installed active shooter kits on front-line Engine 91 and RA91. The additional kits on Engine 791 and RA791 will ensure that reserve apparatus are equipped in the event reserve apparatus are deployed during special events, or front line apparatus are temporarily placed out of service.

FISCAL IMPACT & PROCUREMENT REVIEW
The donation expenditure amendment will have no impact on the General Fund and represents an unexpected benefit from the City’s Donation Fund budget (Fund No. 281) for this fiscal year.

The Fire Department is requesting an expense appropriation in the amount of $20,074 to account 281-34-4376-0000 (Fire Donations Materials & Supplies) for the purchase of firefighting equipment, ambulance supplies, and station furnishings from the Department’s accumulated Donations Fund Reserve Balance of $27,283.

The purchase of the dorm mattresses will follow the City’s procurement policies of obtaining three written bids.

LEGAL REVIEW
The City Attorney’s office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends the Council approve the budget amendment of the Fire Department Donations Fund Materials & Supplies account for the purchase of firefighting equipment, medical supplies and station furnishings. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve a Fiscal Year 2021-22 expenditure amendment of $20,074 to account 281- 34-4367-0000 (Fire Donation Materials & Supplies) from the Department’s accumulated Donations Fund Reserve Balance of $27,283.”

Page 274 of 358 ends

ATTACHMENTS

1. Donation Policy

Page 275 of 358 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 276 of 358 ends

Page 277 of 358 ends

Page 278 of 358 ends

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Safe Community

BACKGROUND
In July 2019, the Community Services Department executed a temporary agreement with Student Transportation of America, Inc. (parent company of Mission School Transportation, Inc.) to provide bus transportation services for youth-related program offerings. The Department developed and distributed a formal request for proposal (RFP) to procure bus transportation services for a longer period of time. The RFP was awarded to Student Transportation of America in September 2019 for an initial year-long contract with the option to renew annually for up to three additional years.

Unfortunately, the Department was required to cease all in-person offerings in March 2020 due to the COVID-19 pandemic. This resulted in the Department no longer needing bus transportation services, so the Department did not renew the contract. As a result, the contract expired in September 2020.

In June 2021, the Department asked for approval of a second temporary agreement with Student Transportation of America, Inc. to provide bus transportation services for the fall after-school contract classes at the Stoneman Building. The temporary agreement was approved by City Manager Marlowe, but coverage ended on December 31, 2021.

Currently, the Department is without a transportation agreement. However, transportation services are needed starting at the end of May. To allow for a competitive bidding process and to secure a vendor for the long-run, the Department published a formal RFP for bus TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Cathi Johnson, Community Services Director
Kristin Shigenaga, Management Analyst
DATE: April 13, 2022
SUBJECT: AWARD OF BUS TRANSPORTATION SERVICES AGREEEMENT TO MISSION SCHOOL TRANSPORTATION, INC., WITH A YEAR
1 CONTRACT AMOUNT OF $35,500
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Page 279 of 358 ends

transportation services. The RFP was posted on the City’s website on January 27 and closed on February 10 at 5:00 p.m. In addition, the RFP was emailed directly to three vendors: First Student, Mission School Transportation, and Durham School Services.

DISCUSSION
In the two weeks that the RFP was open, one bid was received from Mission School Transportation, Inc. After carefully reviewing Mission School Transportation, Inc.’s qualifications, experience, and understanding of the scope of work, the vendor was deemed qualified. Mission School Transportation, Inc. comes highly recommended from its references and has prior experience working for the City of San Marino. Therefore, the Department recommends awarding the bus transportation contract to Mission School Transportation, Inc.

FISCAL IMPACT & PROCUREMENT REVIEW
The City plans on funding the cost of the transportation with Proposition A funds received from the Metropolitan Transportation Authority (MTA, “Metro”). The FY 2021-22 and FY 2022-23 proposed budget includes sufficient funds in Account No. 207-68-4208-0000, Bus Transportation, to cover the transportation fees. The General Fund will cover the personnel costs for staff to supervise the students throughout the pick-up and drop-off process each day.

The Finance Director has reviewed this report and determined this is in accordance with S.M.C.C.

02.06.05.B.2 as the best interests of the City are served by dispensing with competitive bidding, as Mission School Transportation, Inc. was the only company to provide a quote.

LEGAL REVIEW
The City Attorney’s Office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends the City Council award the bus transportation services agreement to Mission School Transportation, Inc. If the City Council concurs with Staff’s recommendation, an appropriate motion would be:
“I move to award a Professional Services Agreement in the amount of $35,500 to Mission School Transportation, Inc. for youth related bus transportation services for Year 1, with the City Manager being authorized to execute the agreement on behalf of the City, as well as four oneyear contract extensions subject to satisfactory performance.”

ATTACHMENTS

1. Professional Services Agreement

2. Bid Proposal from Mission School Transportation, Inc.

Page 280 of 358 ends

PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
Mission School Transportation, Inc.
6500 Hollister Avenue, Suite 100
Goleta, CA 93117
This Professional Service Agreement (“the Agreement”) is made as of May 31, 2022 (the “Effective Date”), by and between Mission School Transportation, Inc. (“Consultant”), a California corporation, and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).

Page 281 of 358 ends

RECITALS
A. City desires certain professional services as specified in this Agreement.

B. Consultant represents that it is qualified and able to provide City with such services.

NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (“Services”) set forth in the attached Exhibit A.

1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.

1.4. Consultant shall not be compensated for any work performed unless it is specified in Exhibit A or City authorizes such work in advance and in writing. Any work so authorized by City shall become part of the Services for purposes of this Agreement.

2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through May 30, 2023 unless sooner terminated as provided in Section 5.0 of this Agreement. Additionally, City reserves the right to extend the term of the agreement in its sole discretion for up to four one-year periods. City shall notify Consultant of any such extension prior to the end of the current term.

3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $35,500 per year. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing.

Pursuant to Section 02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services of greater than thirty thousand dollars ($30,000.00).

Page 282 of 358 ends

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.

4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for two years following the expiration or earlier termination of this Agreement.

5.0 Termination

5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five (5) calendar days before the termination is to be effective.

5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.

5.3. Upon termination of this Agreement, Consultant shall cease all work under this Agreement and deliver to City all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. City shall pay Consultant for all services satisfactorily rendered through the last working day this Agreement is in effect; provided that in no event, including but not limited to termination, shall Consultant be entitled to receive more than the maximum compensation set forth in Section 3. Neither party shall have any other claim against the other party by reason of termination pursuant to this Section 5.0.

6.0 Reports, Information, and Work Product

6.1. Consultant shall deliver to City: (1) any reports on the status of the Services upon City’s request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City’s request and/or upon the expiration or termination of this Agreement.

6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made

Page 283 of 358 ends

for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made.

Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.

6.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose.

Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions.

Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product produced under this Agreement. If any use by city of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement.

6.4. Consultant’s obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.

7.0 Party Representatives

7.1. City’s representative for purposes of this Agreement is the City Manager or the person designated in writing by the City Manager. The City Manager’s designee may exercise the authority of the City Manager provided in this Agreement excepting approval of any expenditure that would exceed a total compensation allowed under the Agreement.

7.2. James Lasky, Director of Business Development, is Consultant’s representative for purposes of this Agreement.

8.0 Notices

8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United

Page 284 of 358 ends

States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of San Marino
2200 Huntington Drive
San Marino, CA 91108
Attn: City Manager
To Consultant: Mission School Transportation, Inc.
6500 Hollister Avenue, Suite 100
Goleta, CA 93117
Attn: Director of Business Development

8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

9.0 Independent Consultant

9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

9.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s personnel practices.

City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

All duties of Consultant under this Section 9.2 shall survive termination of this Agreement.

9.3. In the event that Consultant provides any of the Services by or through any employee or any person whose work under this Agreement becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, Consultant shall be solely responsible for all such payments or contributions. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the

Page 285 of 358 ends

role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s failure to make any such payment or contribution. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section 9.3 shall survive termination of this Agreement.

10.0 Subcontractors
Unless otherwise specified in Exhibit A, no portion of this Agreement shall be subcontracted without the prior written approval of the City Manager. Consultant is fully responsible to City for the performance of any and all subcontractors, if any.

11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City Manager. Any purported assignment without such consent shall be void and without effect.

12.0 Insurance

12.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements, including but not limited to additional insured endorsements, effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City, if requested.

All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

12.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement.

Insurance is to be placed with insurers licensed to do business in California with a current A.M. Best’s rating no less than A:VIII unless otherwise approved in writing by City.

Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability Coverage form (CG 0001); (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance with limits of at least $1,000,000 per occurrence; (3) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, (4) Sexual Abuse/Molestation Insurance. Consultant shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit

Page 286 of 358 ends

is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance with limits of at least $1,000,000 per statue; (3) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; (4) Sexual Abuse/Molestation Insurance:
$10,000,000 per occurrence; and (5) Umbrella Liability: $20,000,000 per occurrence.

12.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled by Consultant except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its directors, officials, or officers; (3) coverage shall be primary insurance as respects City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant’s scheduled underlying coverage and that any insurance or self-insurance maintained by City, its directors, officials, officers, employees, agents and volunteers shall be excess of Consultant’s insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible.

12.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its directors, officials, officers, employees, agents, and volunteers.

12.5. Any deductibles or self-insured retentions shall be declared to and approved by the City Manager. Consultant guarantees that, at the option of the City Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its directors, officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

12.6. Consultant waives any right to subrogation that any insurer of Consultant may acquire by virtue of payment of any loss under the policies required by this Agreement. Consultant shall obtain any endorsement that may be necessary to affect this waiver of subrogation.

Page 287 of 358 ends

13.0 Indemnification, Hold Harmless, and Duty to Defend

13.1. To the maximum extent permitted by law, Consultant shall defend, indemnify, and hold City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively “Indemnitees”) free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, its agents, or its subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant’s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement.

13.2. Consultant must obtain executed indemnity agreements with provisions identical to those in Section 13.1 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of the Services. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless, and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged, or threatened, arising or claimed to arise out of, pertaining to, or relating to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their respective officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

14.0 Equal Opportunity
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

Page 288 of 358 ends

15.0 Labor Certification

15.1. By its signature hereunder, Consultant certifies it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code. Consultant shall provide evidence of such coverage before commencing the performance of the Services.

15.2. Consultant certifies that in the performance of the Services, Consultant shall not, in any manner, employ any person or contract with any person so that any Services so performed by such person would be subject to the workers’ compensation laws of the State of California unless and until Consultant gives City a certificate of consent to selfinsure or a certificate of Workers' Compensation Insurance Coverage.

15.3. In the event Consultant hires a subcontractor who has employees to perform the Services or any part thereof, then Consultant shall either require the subcontractor to obtain Workers’ Compensation Insurance Coverage, or must obtain Workers’ Compensation Insurance Coverage for the subcontractor’s employees.

15.4. Any Workers’ Compensation Insurance Coverage required by or for this Agreement shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, its agents, and its subcontractors.

16.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

17.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

18.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

19.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

20.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or

Page 289 of 358 ends

service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

21.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

22.0 Force Majeure
Consultant shall not be liable for any failure to perform any obligation under this Agreement if Consultant presents that City in its sole judgment deems acceptable that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

23.0 Final Payment Acceptance Constitutes Release
Consultant’s acceptance of City’s final payment under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for the Services or anything done or furnished relating thereto. Neither City’s payment to Consultant nor approval of payment constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such or payment or approval be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

24.0 Prohibited Interests; Conflict of Interest

24.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.

Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

24.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the

Page 290 of 358 ends

execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

24.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.

25.0 Attorneys’ Fees
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

26.0 Exhibits
Each exhibit referenced in this Agreement is hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

27.0 Corporate Authority

27.1. Each person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of Consultant and that by his or her execution, Consultant is formally bound to the provisions of this Agreement.

27.2. Consultant certifies it is aware of the requirements of Sections 313 of the California Corporations Code. If Consultant is a corporate entity, it shall either: (a) provide City written proof that each person executing this Agreement on Consultant’s behalf is duly authorized to bind Consultant; or (b) provide two signatories to this Agreement, of whom the first must be Consultant’s chairman of the board, president, or a vice president and the second must be Consultant’s secretary, an assistant secretary, its chief financial officer, or an assistant treasurer.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.

Page 291 of 358 ends

CITY OF SAN MARINO
By:_________________________
Marcella Marlowe, Ph.D.

City Manager
Attest:

By:_________________________
City Clerk
Approved as to Form:

By:_________________________
Joseph Montes
City Attorney

CONSULTANT
By:_____________________________ (Sign)
Name: __________________________ (Print)
Title: __________________________ (Print)
By:_____________________________ (Sign)
Name: __________________________ (Print)
Title: __________________________ (Print)

Page 292 of 358 ends

Exhibit A
Scope of Services
The City of San Marino is requesting transportation services for three types of youthrelated programs: summary day camp, contract classes, and seasonal trips. Route stops for each may include the following:
• Stoneman School (Recreation Department) – 1560 Pasqualito Drive • Valentine Elementary School – 1650 Huntington Drive
• Huntington Middle School – 1700 Huntington Drive
• Crowell Public Library – 1890 Huntington Drive
• Carver Elementary School – 3100 Huntington Drive
• San Marino High School – 2701 Huntington Drive
• Lacy Park – 1485 Virginia Road
• Southwestern Academy – 2800 Monterey Road
• Del Mar Field – 1724 Del Mar Avenue, #1700
Transportation schedules are subject to change depending on changes in school schedules, program needs, and/or COVID-19 or other pandemic-related impacts. a. Summer Day Camp and Contract Class Programs
One (1) passenger bus to provide transportation for up to seventy-two (72) children and/or adults to and from the locations listed above from the end of May – August. Trips will be conducted Monday – Friday.

Bus Services (Summer Session): 44 Working Days, 0 Minimum Days.

Daily Schedule (Subject to Change) – End of May through Mid-July (No bus needed on July 4)
• Mondays from 10:45 AM – 4:30 PM
• Tuesdays from 10:45 AM – 1:30 PM
• Wednesdays from 10:45 AM – 4:30 PM
• Thursdays from 10:45 AM – 1:30 PM
• Fridays from 10:45 AM – 4:30 PM
Daily Schedule (Subject to Change) – Mid-July through August • Mondays from 1:30 – 4:30 PM
• Wednesdays from 1:30 – 4:30 PM
• Fridays from 1:30 – 4:30 PM
b. Seasonal Field Trips
Unless otherwise stated, every Thursday from 1 – 6 PM during the months of June - August, field trips are scheduled. Field trips are tentative and will be scheduled on an as needed basis. For purposes of providing a quote, please estimate on a maximum of

Page 293 of 358 ends

twenty-three (23) field trips. Charges will be assessed based on field trips taken. There may be some Thursdays where multiple buses will be scheduled.

One (1) passenger bus to provide transportation for up to seventy-two (72) children and/or adults to and from destination with a maximum of ten (10) field trips between June – August. Eight (8) field trips average ten (10) miles round trip and two (2) field trips average one hundred (100) miles round trip.

One (1) passenger bus to provide transportation for up to forty (40) children and/or adults to and from destination with a maximum of ten (10) field trips between June – August.

Nine (9) field trips average ten (10) miles round trip and one (1) field trip averages one hundred (100) miles round trip.

One (1) passenger bus to provide transportation for up to seventy-two (72) children and/or adults to and from destination with a maximum of three (3) field trips. One (1) field trip averages one hundred (100) miles round trip during the week of Thanksgiving and two (2) trips average one hundred (100) miles round trip during the week of Spring Break.

Page 294 of 358 ends

Exhibit B
Fee Schedule
Contract Pricing
Summer Day Camp/Contract Class Programs/Field Trips
Total Cost:

Hourly Rate: OR Daily Rate: $450.00 for the first 5 hours or part thereof Excess Hourly Rate: $80.00 per hour after the first five The rate for “additional transportation services” beyond the Scope of Work detailed in this RFP. Additional transportation services are not guarantee. Based on a passenger bus capable of transporting an average of sixty (60) passengers at one time. If hourly rate varies for weekends or after hour time frames, please include all varied per hour rates.

Page 295 of 358 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 296 of 358 ends

Response to Request for Proposals
City of San Marino
Transportation Services
February 10, 2022, 5:00 PM

MISSION SCHOOL TRANSPORTATION
Mission School Transportation
201 Sotello Street
Los Angeles, CA

Page 297 of 358 ends

MISSION SCHOOL TRANSPORTATION
February 10, 2022
Eddie Covarrubias, Recreation Manager
City of San Marino
2200 Huntington Drive
San Marino, CA 91108
Email: [email protected]
Re: Request for Proposals for Transportation Services
Dear Mr. Covarrubias,
Mission School Transportation, Inc. ("MST"), a member of the Student Transportation of America ("STA") family of companies, is pleased to present this proposal in response to the City of San Marino's Request for Proposals. We view this proposal as a unique opportunity to continue a partnership that brings not only management expertise and cultural leadership, but a focus on passenger safety, well-being and community involvement that is distinctly unmatched in the industry.

We must take one exception to the RFP. Our buses will not be able to carry a minimum of 72 passengers AND be ADA compliant. Our proposal offers 72 passenger buses but they are not ADA compliant. We can provide ADA compliant buses at the City's advance request, however the capacity of those ADA buses is 24 walk-on passengers and 1 wheelchair.

The following contact person is authorized to represent our firm with regard to this procurement:

James Lasky, Dir. of Business Development
Mission School Transportation
6500 Hollister Ave., #100
Goleta, CA 93117
Mobile: (323) 513-5330
Please contact me if you have any questions concerning our proposal. Our team is available at any time to meet with the City staff to explain our proposal and discuss our vision for providing transportation services for the City. We look forward to the opportunity to continue our work with the City of San Marino.

Regards,
Jamt:1J
Director of Business Development
6500 Hollister Ave, Suite 100 •Goleta• CA 93117
Phone: 805-681-8355 • Fax: 805-856-1571

Page 298 of 358 ends

MISSION SCHOOL TRANSPORTATION

EXECUTIVE SUMMARY
Mission School Transportation, Inc. ("MST") is pleased to present this proposal in response to the Request for Proposals for Transportation Services from the City of San Marino ("City"). We view this proposal as a unique opportunity to foster a partnership that brings not only transportation management expertise and cultural leadership, but a focus on passenger safety, well-being and community involvement that is distinctly unmatched in the industry. We feel extremely confident in our ability to meet and exceed the requirements of the City by drawing upon our years of experience and our longstanding culture of compassion, caring and customer service.

As the City of San Marino's transportation partner, and in compliance with the RFP, we are making an offer to provide safe, reliable transportation services with a fleet of well maintained school buses.

Benefits of a Partnership with Mission School Transportation, Inc. • Access to the experience and market advantages of a member of the fastest growing and most progressive school transportation provider in the country. • A unique company culture that fosters a sense of family and pride. • Direct support from Mission School Transportation's California Vice President of Operations, Ken Pittman, and Operations Manager, Reggie Young. • Innovative opportunities for our employees to broaden their skill set and strengthen their knowledge.
• Leadership teams with expertise in the areas of Safety, Special Needs, Operational Best Practices, Routing, Maintenance and Management, including cultural change and change management.

City of San Marino Proposal

Page 299 of 358 ends

MISSION SCHOOL TRANSPORTATION
Safety Regulations & Training Programs
• Our Safety Leadership Program highlights how the Operations Manager's leadership and involvement in reducing unsafe practices has incredible influence across their local team. • All new drivers undergo a 40-hour classroom instruction and behind-the-wheel training course, endorsed by the National Association of Pupil Transportation (NAPT). • We hold monthly safety meetings with all employees to cover safety-related issues such as accident awareness and prevention, defensive driving techniques, transporting Special Needs students and more.
• We conduct annual Safety Review and Compliance Audits at our locations to monitor safety compliance, record keeping and adherence to all applicable Federal and State regulations.
• Our student safety and behavior management program is based on understanding and compassion; we believe that drivers can make a positive difference in the lives of the children they transport.
• Employees have access to our innovative, web-based employee learning and development programs.
• Managers are provided with development workshops focused on effectiveness and operational functions, including topics such as driver retention and team building.

Fleet Management & Maintenance
• All vehicles are equipped with Synovia™ Solutions GPS systems, two-way radios and Child Check-Mate® systems.
• We maintain a 10% ratio of spare vehicles to ensure full operational efficiency in the event of a breakdown, accident or repair.
• All buses are maintained to OEM and Company standards which adhere to a strict Preventive Maintenance program.
• All mechanics will be certified, and will receive regular in-service training to help remain current with vehicle manufacturer standards.

City of San Marino Proposal

Page 300 of 358 ends

MISSION SCHOOL TRANSPORTATION
Employee Administration
• MST has an experienced General Manager to be responsible for the overall operations of the transportation provided to the City. This individual has substantial experience with transportation operations and operational efficiency improvement. • MST also has experienced supervisors in the areas of Maintenance, Dispatch, Safety and Training.
• We offer a competitive wage package to all drivers in an effort to improve driver retention, morale and service levels.
• Employees have the opportunity to participate in a health insurance and benefits package. • Incentive rewards are provided throughout the year, including awards for safe driving, attendance, employee appreciation events and team-building activities.

We thank you for the opportunity to participate in the Request for Proposal process, and look forward to renewing our partnership with the City of San Marino.

Sincerely,
Director of Business Development
City of San Marino Proposal

Page 301 of 358 ends

MISSION SCHOOL TRANSPORTATION

BACKGROUND AND EXPERIENCE
Mission School Transportation, Inc. was founded in 2014 as a wholly owned subsidiary of Student Transportation of America, Inc., the parent company, which was formed in 1997 when the founder and original CEO, Denis Gallagher, purchased Santa Barbara Transportation Corp, a 400-bus transportation company. A third-generation entrepreneur, he wanted to draw on his family's deep roots in the transportation industry to start a new company with a simple business plan built on principles he learned from his grandfather and father whose original family transportation business dates back to 1922: taking care of your employees, customers and the communities where you operate translates into success - operationally and financially.

Since its founding, ST A has remained dedicated to developing and nurturing a unique company culture that focuses on three groups of critical stakeholders - employees, customers and communities. We are committed to being there for our employees and fostering a sense of family, pride and empowerment with employees that are happy to come to work. STA is committed to providing our customers with safe, reliable and cost-effective transportation. We treat our customers as valued members of our family. Our success in meeting and being responsive to our customers' needs is best demonstrated through our proven track record of retaining and renewing our contracts.

Over the years, ST A has steadily grown by successfully obtaining contracts through school district bids, and by the successful conversions of district and contractor-operated fleets into ST A-operated transportation systems. In 2011, STA joined the NASDAQ as a publicly held corporation and in 2018 STA was taken private by our senior management team and the largest, longest-tenured shareholder of 16 years, Caisse de depot et placement du Quebec, or "CDPQ". CDPQ is a longterm institutional investor with net assets of almost $400 billion. This partnership gives our Company access to greater resources to allow us to spend more time with our employees and customers, and to improve upon the safe operations we already have as well as in creating new technologies that will improve operations and efficiency for our customers.

City of San Marino Proposal

Page 302 of 358 ends

MISSION SCHOOL TRANSPORTATION
STA is the parent company of 40 locally-operating subsidiaries. We currently partner with more than 325 school districts in 24 states, and our 18,500 employees operate more than 16,000 vehicles across North America, providing safe, on-time transportation to our customers while ensuring the workplace satisfaction and happiness of our team members.

Mission School Transportation began operations in the State of California in January, 2014, when ST A purchased the assets of another transportation provider in Southern California that went bankrupt. MST operates from terminals located in the eastern area of Los Angeles and in Long Beach. With approximately 400 employees, Mission School Transportation provides daily hometo-school Special Needs transportation services to Alhambra Unified School District, Los Angeles Unified School District, Long Beach Unified School District and Torrance Unified School District.

Mission School Transportation will begin providing home-to-school student transportation services to Pasadena Unified School District in July, 2022. Additionally, MST provides as-needed extracurricular and charter trip services to many school districts including Pasadena Unified School District and San Gabriel Unified School District. MST also provides charter trip services to Los Angeles Department of Transportation, Los Angeles Department of Recreation and Los Angeles County Department of Recreation. In the past, we have also provided services to the City of San Marino and the City of Pasadena.

City of San Marino Proposal

Page 303 of 358 ends

Our pncmg for the City of San Marino is
outlined on the pricing sheet of this proposal.

Mission School Transportation operates these
services from a large, state of the art facility that
is centrally located near downtown Los Angeles
in close proximity to the 5, 10, 101 and 110
freeways. Our facility consists of seven acres
of fenced, lighted and paved parking and a
modem six bay bus maintenance facility as well
as office space and propane and diesel fueling
facilities for buses.

Our fleet of school buses is well maintained by
our own certified technicians and is one of the
youngest fleets in the Los Angeles area. Our 72
- 82 passenger bus fleet is an average of less
than 7 years old. We also have a very green
fleet. Ninety percent (90%) of our buses in Los
Angeles operate on either propane or

MISSION SCHOOL TRANSPORTATION
compressed natural gas, both of which are clean burning fuels. All of our 72 - 82 passenger buses are air conditioned and equipped with seat belts, GPS systems and Child Checkmate systems that require the driver to walk the interior of the bus to check for sleeping passengers before the bus can be turned off and parked.

Operating a large fleet of buses that travel millions of miles each year, we are sometimes involved in lawsuits or litigation. No open lawsuit is of a scope or magnitude that would impair in any way MST's ability to provide services as outlined in this proposal and the RFP.

City of San Marino Proposal

Page 304 of 358 ends

MISSION SCHOOL TRANSPORTATION '"

SERVICE TEAM
The Operations Manager oversees all drivers and full-time transportation staff. This individual is responsible for the overall operations of Mission School Transportation for the City of San Marino, including the coordination of MST's services and operations, and will work with City officials.

The Operations Manager will have full autonomy to make their own decisions about the operations and functionality of the terminal, and will be available to the City via mobile phone line 24 hours a day, 7 days a week. Our Operations Manager will have direct access to STA's Vice President of Operations for CA, Ken Pittman, as well as our Sr. Vice President, Kirk Wilkie, who will both make themselves available for any issues in which their assistance may be needed. Additionally, all Mission School Transportation Management will maintain an "Open Door" policy with City administrators, and will be available for any discussions or presentations the City may request.

Mission School Transportation also believes that the Operations Manager and, in addition, all of the staff are critically important to the success of the services provided. The Operations Manager is the leader of the MST team that must work together to achieve the goal of providing safe, dependable and on-time pupil transportation.

The organizational chart below shows the staffing for the MST/Los Angeles operation that will service the City.

VICE PRESIDENT OF
OPS,· CA

KEN PITTMAN
I

OPERATIONS

MANAGER

REGGIE YOUNG

J I I I I

CHARTER, PAYROLL SAFETY & DISPATCH FLEET PRIVATE SCHOOLS TRAINING MAINTENANCE RTE & BILLING SUPERVISOR MANAGER MANAGER COORDINATOR COORDINATORS J.T. NUNN FLOYD TRICE TIM GRUTER ROCIO RODRIGUEZ I I I

TRAINERS,

RECRUITERS, DISPATCHERS FLEET TECHS CREDENTIALS

COMPLIANCE
City of San Marino Proposal

Page 305 of 358 ends

MISSION SCHOOL TRANSPORTATION
An organizational chart for the Western Region staff is included below. The Operations Manager reports to the VP - CA Operations who reports to the Senior VP - Operations for the Western Region. Other Regional staff support the local staff in their areas of responsibility.

The On-Site Operations Manager reports directly to the Vice President - CA Operations , Ken Pittman.

Kirk Wilkie will have an advisory role in Operations
Jacob Ortiz will have a advisory roles in Safety & Training David Rezendes will have an advisory role in Vehicle Maintenance Ken Pittman - Vice President of CA Operations
Ken has responsibility for the Operations of all ST A locations in California. He oversees 15 properties and over 2,000 employees and is responsible for all operational and financial aspects of those locations. Ken has over 12 years of high level transportation management experience.

James "David" Rezendes - Regional Director of Maintenance David has an extensive background in finance, startups and operations. He has held Regional Fleet Manager positions with over 1,000 vehicles covering a multi-state area and he has experience with DOT, EPA, OSHA and Hazmat inspections, achieving exemplary results in all.

Kirk Wilkie - Senior Vice President of Operations
Kirk has 30 years of transportation and leadership experience. As the Senior Vice President and Chief Financial Officer for Durham School Services, he led the annual operating plan development and monitored all aspects of business performance for more than $500 Million in revenue. As President of MV Transportation, Kirk was responsible for the leadership and management of an 18-state territory. As Senior Vice President with ST A, he holds responsibility for all of the business activity for more than 50 operating locations, over 4,000 employees and more than $300 Million in revenue.

Deb Daly - Regional Director of Financial Operations
Deb has responsibility for all financial matters, audit and accounting practices, policies and procedures in the western region. Deb has a BS in Accounting from West Chester University.

She has been with STA for 6 years and has 18 years of financial experience.

Jacob Ortiz - Area Director of Safety,
Hired by STA in 2018, Jacob is a U.S. Navy veteran and has twenty years of transportation and safety experience. He began his career in transportation as a bus operator and has steadily gained experience and risen through the ranks in various safety and training positions. Jacob currently oversees all of the ST A locations in California. He holds numerous certifications and safety credentials and works with each STA terminal to maintain the highest safety and training standards possible.

City of San Marino Proposal

Page 306 of 358 ends

MISSION SCHOOL TRANSPORTATION
Steve Allen - Regional Director of Human Resources
Steve has more than 33 years of extensive hands-on human resources experience. Areas of expertise include handling employee relations issues, labor relations, change management and culture establishment. He has worked within the consulting and manufacturing environments providing all types of HR support.

REGIONAL DIR OF

FINANCE

DEB DALY
REGIDNALOPERA.TIONS

APPLICATIONS

MANAGER

MICHELLE SWIFT
City of San Marino Proposal

REGIONAL DIR OF

HUMAN RESOURCES

STEVE ALLEN
I

DIRECTOR OF

RECRUITING

HEIDI FROST
("'"'"�"'-

KIRKWILKIE

VICE PRESIDENT OF OPS
- CA

KEN PITTMAN
I

OPERATIONS MANAGER

REGGIE YOUNG

REGIONAL DIR OF FLEET

MAINTENANCE

DAVID REZENDES
I

AREA FLEET

MAINTENANCE

SUPERVISOR JUAN
VIDRIO
AREA.SAFETY

SUPERVISOR

JACOB ORTIZ

REGIONAL DIR OF

BUSINESS DEV' T

JIM LASKY

Page 307 of 358 ends

MISSION SCHOOL TRANSPORTATION

EXPERIENCE AND REFERENCES
Mission School Transportation is proud to offer the following references to the City of San Marino.

PASADENA U.S.D.
740 W. Woodbury Road, Pasadena, CA 91103
Elizabeth Romero, Facilities/Maintenance/Transportation Email: [email protected]
Extracurricular transportation

CITY OF LOS ANGELES
Department of Transportation, Charter Bus Program
100 S. Main Street, Los Angeles, CA 90012
Laura Downing, Charter Program Manager
Email: [email protected]
Charter Bus Transportation

CITY OF PASADENA
100 N. Garfield Ave., Rm N255, Pasadena, CA 91101
Kellee O'Rourke, Management Analyst
Email: [email protected]
Recreation Department buses
SAN GABRIEL U.S.D.
408 Junipero Serra Drive, San Gabriel, CA 91776
Melissa Hernandez, Purchasing Supervisor
Email: [email protected]
Extracurricular transportation
ALHAMBRA U.S.D.
1515 W. Mission Road, Alhambra, CA 91803
Tara Baldridge, Transportation Manager
Email: [email protected]
Special Needs transportation
City of San Marino Proposal
2019 -PRESENT
Trip Buses
626-396-5850, X 89098
2014 -PRESENT
Trip buses
213-928-9774
2017-2020
Trip buses
626-744-4732
2017 -PRESENT
Trip Buses
626-451-5429
2020 -PRESENT
3 5 Route Buses
626-943-3590

Page 308 of 358 ends

MISSION SCHOOL TRANSPORTATION

CONTACT PERSON
Mission School Transportation's point of contact for this proposal is:

James Lasky, Director of Business Development
Mission School Transportation
201 Sotello Street
Los Angeles, CA 90012
Office: (323) 421-7923
Mobile: (323) 513-5330
Email: [email protected]
James Lasky is authorized to submit this proposal to the City of San Marino and is authorized to negotiate a resulting contract.

If awarded a contract with the City, Mission School Transportation will comply with the requirements of the RFP except as outlined in our attached cover letter regarding the type and capacity of buses that are able to be offered.

Our team is available at any time to meet with the City staff to explain our proposal and our continuing vision for providing transportation services in the City. We look forward to a partnership with the City of San Marino.

City of San Marino Proposal

Page 309 of 358 ends

City of San Marino RFP for Transportation Services

EXHIBIT A - PROPOSAL PRICE SHEET
Name of Company: _M_
iss__
io_n_ S_ c_h_oo_l __Tra__ns__._po_rt__ati_o__n-"-, l_n_c. _________________ _ Address: _____ 6_50__0_H_oll�is�te�r=�A�ve.�,�S�uit= e��I OO��, �G�ole�-"-ta�, C�A�9�31�1�-"-7 ___________ _ Business Phone: __ _,,(=80=5=--)__,6=8'-'-1__,-8=3=5=5 __ _ RFP Contact Person: _J,:am= ea.:.=s=-=La=s;.:.:,,.. ________________________ _ Title: Dir. of Business Development
Business Phone: (323) 513-5330 Email Address: [email protected] Person Submitting Bid (if different): ------,-------------------- Title: ________________ j �� S;gnatuce of Pecson Subm;n;ng B;d, f-;:; Contract Pricing
Summer Day Camp/Contract Class Programs/Field Trips
Total Cost: ____________ _
Hourly Rate: ____________ _
Excess Hourly Rate: $80.00 per hour after the first five OR Daily Rate: $450.00 for the first 5 hours or part
thereof
The rate for "additional transportation services" beyond the Scope of Work detailed in this RFP.

Additional transportation services are not guarantee. Based on a passenger bus capable of transporting an average of sixty (60) passengers at one time. If hourly rate varies for weekends or after hour time frames, please include all varied per hour rates.

Issued January 27, 2022

Page 310 of 358 ends

CITY OF SAN MARINO

REQUEST FOR PROPOSALS

FOR TRANSPORTATION SERVICES
Proposals Due No Later Than 5 PM, Thursday, February I 0, 2022 Submit Proposals To:

City of San Marino
Community Services Department
Attention: Eddie Covarrubias, Recreation Manager
Subject: Transportation Services RFP
2200 Huntington Drive, San Marino, California 91108-2639 ecovarrubias cit ofsanmarino.or
RFP Issued on January 27, 2022

Page 311 of 358 ends

City of San Marino
I. OVERVIEW

CITY OF SAN MARINO

REQUEST FOR PROPOSALS FOR

TRANSPORTATION SERVICES
RFP for Transportation Services
The City of San Marino is accepting proposals from qualified vendors having professional experience in providing transportation services for students and children to and from schools, summer programs, field trips, and classes. The selected vendor will be responsible for providing the Community Services Department, Recreation Division with excellent transportation services for youth-related programs. The contract will entail an initial one-year term starting on May 31, 2022, with the option to renew the contract annually for up to four (4) additional years.

II. BACKGROUND
The City of San Marino is a full-service general law city with a small suburban residential community in the western part of the San Gabriel Valley. The City was incorporated in 1913 and operates under the Council-Manager form of government. San Marino has approximately I 00 full-time employees, distributed among the following departments: City Manager's Office, Community Development, Community Services (Recreation and Library), Finance (including Human Resources), Fire, Parks & Public Works, and Police.

Residents takes great pride in what the City offers, from outstanding municipal services to a top-ranking school district. One of the key factors for why families move into San Marino is the excellent quality of life which includes Lacy Park, public safety, and community services.

In 2004, Recreation was restructured and relocated from Lacy Park to Stoneman School to enhance and expand its level of service to the community. As the mission of the Division unfolded, the need for transportation escalated. Transportation quickly evolved from the "occasional" request for bus services to a "daily" transportation schedule.

The Recreation Division provides an abundance of programming requiring transportation including, summer programs, field trips, and classes. To facilitate the needs of working families, transportation is an inherent part of programming. With registration, parents have the opportunity to request transportation for their child. Under the supervision of experienced Recreation Staff and the professional transportation services of the qualified vendor, students and children are transferred to and from schools, summer programs, field trips, and classes.

Recreation Staff carefully coordinate the needs and schedules with the transportation vendor. Because the majority of participants served are San Marino residents, special attention is paid to San Marino Unified School District calendar.

Ill. RFP SCHEDULE
The RF P schedule is summarized below:

Issuance of RFP
Last day to accept questions and requests for clarifications on the RFP Vendor submittals due
Vendor reference checks
Vendor approval, enter negotiations, execute a professional services ag:reement
*Interviews may be held either in person or via Zoom.

Issued January 27, 2022
January 27, 2022
February 3, 2022, 5 PM
February I 0, 2022, 5 PM
Week of February 14, 2022
March 9, 2022

Page 312 of 358 ends

City of San Marino RFP for Transportation Services
IV. SCOPE OF SERVICES
The City of San Marino is requesting transportation services for three types of youth-related programs:
summary day camp, contract classes, and seasonal trips. Route stops for each may include the following:
• Stoneman School (Recreation Department) - I 560 Pasqualito Drive • Valentine Elementary School - 1650 Huntington Drive
• Huntington Middle School - 1700 Huntington Drive
• Crowell Public Library - 1890 Huntington Drive
• Carver Elementary School -3100 Huntington Drive
• San Marino High School -270 I Huntington Drive
• Lacy Park - 1485 Virginia Road
• Southwestern Academy - 2800 Monterey Road
• Del Mar Field - 1724 Del Mar Avenue, # 1700
Transportation schedules are subject to change depending on changes in school schedules, program needs, and/or COVID-19 or other pandemic-related impacts.
a. Summer Day Camp and Contract Class Programs
One (I) passenger bus to provide transportation for up to seventy-two (72) children and/or adults to and from the locations listed above from the end of May - August. Trips will be conducted Monday-Friday.

Bus Services (Summer Session): 44 Workin& Da,ys, 0 Minimum Days.

Daily Schedule (Subject to Change) - End of May through Mid-July (No bus needed on July 4)
• Mondays from I 0:45 AM -4:30 PM
• Tuesdays from 10:45 AM -1:30 PM
• Wednesdays from I 0:45 AM -4:30 PM
• Thursdays from I 0:45 AM - I :30 PM
• Fridays from I 0:45 AM - 4:30 PM
Daily Schedule (Subject to Change) - Mid-July through August • Mondays from I :30 - 4:30 PM
• Wednesdays from I :30 -4:30 PM
• Fridays from I :30 - 4:30 PM
b. Seasonal Field Trips
Unless otherwise stated, every Thursday from I -6 PM during the months of June - August, field trips are scheduled. Field trips are tentative and will be scheduled on an as needed basis. For purposes of providing a quote, please estimate on a maximum of twenty-three (23) field trips. Charges will be assessed based on field trips taken. There may be some Thursdays where multiple buses will be scheduled.

One (I) passenger bus to provide transportation for up to seventy-two (72) children and/or adults to and from destination with a maximum of ten ( I 0) field trips between June -August. Eight (8) field trips average ten ( I 0) miles round trip and two (2) field trips average one hundred ( I 00) miles round trip.

One (I) passenger bus to provide transportation for up to forty (40) children and/or adults to and from destination with a maximum of ten ( I 0) field trips between June - August. Nine (9) field trips average ten ( I 0) miles round trip and one (I) field trip averages one hundred ( I 00) miles round trip.

Issued January 27, 2022

Page 313 of 358 ends

City of San Marino RFP for Transportation Services
One (I) passenger bus to provide transportation for up to seventy-two (72) children and/or adults to and from destination with a maximum of three (3) field trips. One (I) field trip averages one hundred ( I 00) miles round trip during the week of Thanksgiving and two (2) trips average one hundred ( I 00) miles round trip during the week of Spring Break.
v. PROPOSAL FORMAT
The City of San Marino will evaluate vendor experience, qualifications, and capabilities for providing excellent transportation services for youth-related programs. Vendors are required to submit a written narrative corresponding to each of the underlined section items. Emphasis should be on completeness and clarity of content.

Executive Summarx
• In no more than four (4) pages, provide an overview and summary of how the vendor will assist the City of San Marino in reaching the needs and goals of providing excellent and reliable transportation services for youth-related programs.

Background and Experience
• Provide a detailed description of the vendor's background and experience, with a particular focus on similar work for other local governments, including areas such as:
o Vendor overview and history
■ Number of years the vendor been in business
■ Number of current employees
■ Location of headquarters and branches
o Capabilities of vendor - Why should your vendor be chosen? o Number of clients currently utilizing the vendor's transportation services and average length of time that clients have contracted for said services o Number of open lawsuits, if any
Service Team
• Provide information on each member that would be assigned to the City of San Marino, including:
o Name, title, role (e.g., service management, training, deliverance), education, and years of experience
Expetience and References
• Provide three (3) municipality and/or other government entity customers involving similar transportation services. Include the entity name, address, contact name, telephone number, and email address for each reference. Your references must have been assigned the same service management team that would be assigned to the City of San Marino.

Contact Person
• Identify a member authorized to be a contact person for communication and inquiries from the City. The individual must be, within reasonable limitations, accessible to the City Staff during regular business hours.

Proposal Price Sheec
• Complete the Proposal Price Sheet (Exhibit A) to include the hourly rate and maximum charge for each of the outlined tasks. The City has the sole discretion in the decision to extend the Issued January 27, 2022

Page 314 of 358 ends

City of San Marino RFP for Transportation Services
Agreement on an annual basis. Negotiated annual price increases may be allowed, however, at no time will any annual increase exceed the published Consumer Price Index (CPI). • Certify that the person signing the proposal is entitled to represent the vendor, empowered to submit the bid, and authorized to sign a contract with the City of San Marino • Certify that the vendor can comply with the requirements of the City's standard Professional Services Agreement and insurance requirements
VI. STAFFING VEHICLE AND SAFETY RE UIREMENTS
Staff Requirements
The vendor shall comply with all federal, state, and local regulations to include, but not limited to:

FMSCA/DOT, ADA, California OMV, and Cal/OSHA Drivers employed with the vendor must have previous experience in providing transportation services, must have a valid California Class B driver's license with Passenger Endorsement, and shall comply with the following:
• Drivers shall have no revocations of their driver's license in the past five (5) years. • Drivers shall have no moving violations or accidents in the past three (3) years. • Drivers shall be a minimum of 21 years of age
• Drivers shall not use alcohol or drugs while on duty and shall not abuse such at any time. • Drivers shall not smoke while on duty or in the presence of clients. • Drivers shall have an appropriate class license.
• Drivers shall be School Pupil Activity Bus (SPAB) certified. • Drivers shall adhere to all FMCSA/DOT/DMV passenger safety requirements.

Vehicle Requirements
The vendor's vehicle must be capable of transporting a maximum of seventy-two (72) passengers at one time. The vehicle must be equipped with properly working heating and air conditioning and accessible seat belts for all passengers. In addition, the vehicle must have the ability to meet the requirements of the Americans with Disabilities Act (ADA). The vendor must have a current and valid transportation business registration, licenses, and permits as required by law at the time of proposal submission and must remain valid for the entirety of the contract period. Please include the number of buses in your fleet along with the year, make, and model of vehicles. Buses must be certified under School Pupil Activity Bus (SPAB) program through the California Highway Patrol.

COVID-19 Requirements
The selected vendor will be required to follow the Los Angeles County Department of Public Health's latest guidelines for transporting school-aged children for recreational activities. These guidelines may include, but not limited to, wearing of face masks, cleaning of frequently touched surfaces, physical distancing, and opening the windows.

VII. SUBMITTAL RE UIREMENTS
The deadline for questions is February 3, 2022, 5 PM (PST). All questions and their respective responses will be posted on the City of San Marino's official website within two (2) working days from the day they are received. Questions will be accepted via email to:

Eddie Covarrubias, Recreation Manager, Community Services Department ecovarrubia
Subject: "RFP TRANSPORTATION SERVICES QUESTION"
Issued January 27, 2022

Page 315 of 358 ends

City of San Marino RFP for Transportation Services
The deadline for RFP responses is February I 0, 2022, 5 PM (PST). Submissions will be accepted via email and must be submitted electronically before the deadline. Please su_bmit a single PDF document via email to:

Eddie Covarrubias, Recreation Manager, Community Services Department [email protected]
Subject: "RFP TRANSPORTATION SERVICES - [VENDOR NAME]." Submittals not received on or before the specified deadline stated above will not be accepted (no exceptions). The City reserves the right to request follow-up information or clarification from vendors in consideration. Vendor is responsible to ensure delivery by the date and time included.

VIII. REVIEW AND SELECTION PROCESS
Evaluation Criteria
Responses to this RFP will help the City of San Marino identify the most qualified vendor and will be indicative of the level of the vendor's commitment. The City's standard "Professional Services" agreement is included in this RFP as Exhibit B and the selected vendor is expected to accept the terms of the agreement. The vendor is also expected to honor their quoted pricing for a period no less than one hundred and twenty (120) days following the close of the bidding period. If the vendor has concerns pertaining to the agreement or these terms, the vendor may write their concerns and include this as part of their submittal. The contract will entail an initial one-year term starting on May 31, 2022, with the option to renew the contract annually for up to four (4) additional years. The City will evaluate the qualifications, references, and ability to address the needs of the City of San Marino, as well as take into consideration the proposed scope and pricing submitted to determine the most qualified vendor.

Process
The selection process will involve the following phases:

Phase I:

City review team will evaluate vendor submittals. The initial review will determine conformance to submission requirements and whether responses meet minimum criteria established. Review will include the vendor's acceptance of RFP terms and completeness of submissions.

Phase 2:

City review team will check references given.

Phase 3:

The vendor deemed best qualified will be recommended for contract award. If the cost is $30,000 or more, the contract will be considered for approval at a public City Council meeting. If it is under $30,000, the City Manager will be able to execute the contract.

IX. TERMS AND CONDITIONS
Proposal Preparation Costs
The City is not, nor shall be deemed, liable for any costs incurred by the vendor in the preparation, submittal, or presentation of their proposals.

Issued January 27, 2022

Page 316 of 358 ends

City of San Marino RFP for Transportation Services
Method of Billing
Invoices for services provided are to be submitted to the City on a monthly basis with a description distinguishing actual services that were rendered and the amount of the billing for the month. Invoices are due within thirty (30) days of the end of the service month. Payments will be made within thirty (30) days of receipt of the invoices.

Reservation of Rights
This RFP does not commit or obligate the City of San Marino to accept or execute an agreement for any expressed or implied service. The City reserves the right to:
• Reject any and all proposals received and to accept or reject any item(s) herein. • Take all proposals under advisement for up to one hundred and twenty ( 120) days after opening. • Waive any informality on any proposal.
• Be the sole judge of the relative merits of the material mentioned in the respective proposal received.
• Request any vendor submitting a proposal to clarify its proposal during the selection phase. • Negotiate the service schedule and reasonable costs with the selected vendor. • Modify or alter any requirements herein, and issue addenda or amendments to this RFP. • Terminate this RFP process at any time.

Acceptance of Conditions
It is the vendor's responsibility to examine the scope of the proposed work to fully acquaint themselves with the specifications and the nature of the work to be accomplished. Vendors shall have no claim against the City based upon ignorance of the nature and requirements of the services provided, misapprehension of the work environment, or misunderstanding of the specification or agreement provisions. By submitting a proposal, each vendor expressly agrees to and accepts the following conditions:
• Proposal and compensation rate shall be valid and binding for one hundred and twenty ( 120) days following the proposal due date and will become part of the Agreement that is negotiated with the City.
• The City reserves the right to request further information from the vendor, either in writing or orally, to establish any stated qualifications.
• The City reserves the right to solely judge the vendor's representations, and to solely determine whether the vendor is qualified to undertake these services pursuant to the criteria set forth herein. The vendor, by submitting a proposal, expressly acknowledges and agrees that the judgment of the City as to whether or not the vendor is qualified to perform these services shall be binding, final, and conclusive.

Proposal Inclusions
The Request for Proposals documents shall be submitted in their entirety, with all applicable portions fully completed by the vendor. All vendors are encouraged to review and confirm that their proposal includes and specifically addresses all of the proposal requirements prior to submitting as outlined elsewhere in this document.

Withdrawal of Proposal Before Closing
Any vendor may request the withdrawal of their submitted proposal by written request at any time prior to the scheduled closing date and time. Upon receiving written request to withdraw any proposal, the City will consider the proposal null and void. Withdrawal of proposal will not impact vendor's resubmittal for this or any future proposal(s).

Issued January 27, 2022

Page 317 of 358 ends

San Marino City CouncilApril 13, 2022

San Marino City Council
April 13, 2022