Agenda packet — San Marino City Council, June 28, 2024

AGENDA – JUNE 28, 2024 Page 1 of 103

CITY OF SAN MARINO

CITY COUNCIL AGENDA
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
Philippe Eskandar, City Manager
www.SanMarinoCA.gov
(626) 300-0700 Phone
City Hall Council Chamber
2200 Huntington Drive
San Marino, CA 91108

ADJOURNED REGULAR MEETING OF THE

SAN MARINO CITY COUNCIL
FRIDAY, JUNE 28, 2024 AT 8:30 AM

CITY HALL COUNCIL CHAMBERS
2200 HUNTINGTON DRIVE
SAN MARINO, CA 91108
The City of San Marino appreciates your attendance. Citizens’ interest provides the Council with valuable information regarding issues of the community.

Regular meetings are held on the 2nd Wednesday of every month at 6:00 p.m. Typically, adjourned meetings are held on the last Friday of every month at 8:30 a.m.

In compliance with the Americans with Disabilities Act, any person with a disability who requires a reasonable modification or accommodation in order to participate in a meeting should contact the City Clerk via email at [email protected] or by phone at (626) 300-0705 prior to the meeting for assistance.

The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties with Zoom. The City will do it’s best to resolve any technical issues as quickly as possible.

How to view or listen to the meeting from home:

Visit www.SanMarinoCA.gov/Zoom
How to offer public comment from home:

Public comment will be accepted by email to [email protected] until 3:00 p.m. the day before the meeting. Written public comment received by 3:00 p.m. will be distributed to City Council during the meeting. Any comments received after 3:00 AGENDA – JUNE 28, 2024 Page 2 of 103
p.m. will be included in the public comment record but not provided to City Council at the meeting.

Written public comment will be accepted electronically via the zoom.us teleconference module during the meeting. Written Zoom comments will be accepted after the in-person comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Member Chou, Council Member Lo, Council Member Talt, Vice Mayor Shepherd Romey, and Mayor Huang

POSTING OF AGENDA
The agenda is posted 72 hours prior to each meeting at the following locations: City Hall, 2200 Huntington Drive, the Crowell Public Library, 1890 Huntington Drive, and the Stoneman Building, 1560 Pasqualito Drive. The agenda is also posted on the City’s website:
http://www.SanMarinoCA.gov.

PUBLIC COMMENTS
The City welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. At this time, the public may address the City Council on items that are not on the agenda.

Pursuant to state law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). The Mayor reserves the right to place limits on duration of comments. Staff may be asked to follow up on such items.

PRESENTATION

PRESENTATION OF PROCLAMATION FOR JULY AS PARKS AND

RECREATION MONTH
INSURANCE COMMISSIONER’S OFFICE PRESENTATION
AGENDA – JUNE 28, 2024 Page 3 of 103

PUBLIC HEARINGS

1. PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION OF

THE SAN MARINO CITY COUNCIL ORDERING THAT A MEASURE TO

EXTEND THE CITY'S EXISTING PUBLIC SAFETY SPECIAL TAX FOR FOUR (4) YEARS BE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024,

AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL

ANALYSIS
Recommendation: Staff recommends the City Council conduct a public hearing and direct that a Measure be included on the November 5, 2024, election ballot that will give residents of the City of San Marino the opportunity to decide whether to continue the Special Public Safety Tax for paramedic, police, and fire protection services. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Resolution No. R-24-22, a resolution of the San Marino City Council ordering that a measure to extend the City’s existing Public Safety Special Tax for four (4) years be submitted to the voters at the general municipal election to be held on Tuesday, November 5, 2024, and directing the City Attorney to prepare an impartial analysis.”

NEW BUSINESS

2. APPROVAL AND ADOPTION OF RESOLUTIONS PERTAINING TO THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 Recommendation: Staff recommends the City Council adopt: (1) Resolution No. R24-11 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities and requesting the Registrar of Voters of the County of Los Angeles to conduct said election; (2) Resolution No. R-24-12 requesting the Board of Supervisors of the County of Los Angeles to render services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 5, 2024; and (3) Resolution No. R-24-13 adopting regulations for candidates for elective office pertaining to candidates’ statements submitted to the voters at an election to be held on November 5, 2024. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Resolution Nos. R-24-11, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 5, 2024; R-24-12, requesting the Board of Supervisors of the County of Los Angeles to render services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 5, 2024; and R-24-13, adopting regulations for candidates for elective office pertaining to candidates’ statements submitted to the voters at the election to be held on November 5, 2024.”
AGENDA – JUNE 28, 2024 Page 4 of 103

3. ACCEPTANCE OF A $150,000 DONATION FROM THE HUNTINGTON

LIBRARY, ART MUSEUM, AND BOTANICAL GARDENS FOR RECEIPT IN

THE CAPITAL PROJECTS FUND
Recommendation: Staff recommends the City Council accept the donation and apply the funds to capital projects, the appropriate motion would be:
“I move to accept the donation of $150,000 from the Huntington Library, Art Museum, and Botanical Gardens; authorize the Finance Department to receipt the donation in the Capital Projects Fund; and amend the FY 2023-24 revenue budget to recognize revenue of $150,000 in the Capital Projects Fund (Account # 394-00-3601- 0000).”

4. APPROVAL OF A MASTER EQUITY LEASE AGREEMENT WITH
ENTERPRISE FLEET MANAGEMENT, INC. FOR THE LEASING OF NEW

FLEET VEHICLES, APPROVAL OF AN ASSIGNMENT AGREEMENT WITH ENTERPRISE FLEET MANAGEMENT, INC. FOR THE SALE OF CITYOWNED VEHICLES REPLACED THROUGH THIS PROGRAM,

AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE

AGREEMENTS AND COMPLETE ANY NECESSARY FORMS,

AUTHORIZATION FOR THE CITY MANAGER TO ADD, REMOVE, OR

TRADE-IN FLEET VEHICLES AS APPROPRIATE AND SURPLUS TO BE SOLD BY ENTERPRISE FLEET MANAGEMENT, INC. PURSUANT TO THE

ASSIGNMENT AGREEMENT AND IN COMPLIANCE WITH MUNICIPAL
CODE SECTION 2.06.06, AND APPROVE THE LEASING AND
DISPOSITION OF NEW FLEET VEHICLES AT THE CITY MANAGER’S

DISCRETION CONSISTENT WITH OPERATIONAL NEEDS AND BUDGET

ALLOCATION
Recommendation: Staff recommends that the City Council (1) approve a Master Equity Lease Agreement with Enterprise Fleet Management Inc. for the leasing of new fleet vehicles, (2) approve an Assignment Agreement with Enterprise Fleet Management Inc. for the sale of City owned vehicles replaced through this program, (3) authorize the City Manager to execute the agreement and complete any necessary forms, (4) authorize the City Manager to add, remove, or trade-in fleet vehicles as appropriate and surplus to be sold by Enterprise Fleet Management, Inc. pursuant to the Assignment Agreement and in compliance with Municipal Code Section 2.06.06, and (5) approve the leasing and disposition of new fleet vehicles at the City Manager’s discretion consistent with operational needs and budget allocation.

If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to (1) approve a Master Equity Lease Agreement with Enterprise Fleet Management Inc. for the leasing of new fleet vehicles, (2) approve an Assignment Agreement with Enterprise Fleet Management Inc. for the sale of City owned vehicles replaced through this program, (3) authorize the City Manager to execute the agreement and complete any necessary forms, (4) authorize the City Manager to add, remove, or trade-in fleet vehicles as appropriate and surplus to be sold by Enterprise Fleet Management, Inc. pursuant to the Assignment Agreement and in compliance with Municipal Code Section 2.06.06, and (5) approve the leasing and disposition of new fleet vehicles at the City Manager’s discretion consistent with operational needs and budget allocation.”
AGENDA – JUNE 28, 2024 Page 5 of 103

CONSENT CALENDAR

5. AMENDMENT TO THE AGREEMENT BETWEEN LOS ANGELES COUNTY

AND THE CITY OF SAN MARINO FOR PARAMEDIC SERVICES
Recommendation: Staff recommends the Council approve the amended agreement between the City of San Marino and Los Angeles County Fire Department.

If the City Council concurs with staff’s recommendation an appropriate motion would be:
”I move to approve Amendment Number One to the Agreement by and Between the Consolidated Fire Protection District of Los Angeles County and the City of San Marino for Paramedic Services and authorize the City Manager to execute the agreement on behalf of the City.”

6. FIRE MANAGEMENT SHARED SERVICES AGREEMENT REVIEW (JULY 2021 TO JUNE 2024)
Recommendation: Staff recommends the Council receive and file this report. If the Council concurs with staff’s recommendation, an appropriate motion would be:
”I move to receive and file the review of the Fire Management Shared Services Agreement for the period of July 2021 to June 2024.”

7. APPROVAL OF FAMILY ASSISTANCE CENTER ANNEX TO THE CITY OF

SAN MARINO'S EMERGENCY OPERATIONS PLAN
Recommendation: Staff recommends the Council adopt the Family Assistance Center Annex into the City of San Marino Emergency Operations Plan. If Council concurs with staff’s recommendation, an appropriate motion would be:
”I move to adopt the Family Assistance Center Annex into the City of San Marino Emergency Operations Plan.”

8. AUTHORIZATION TO DISPOSE OF SURPLUS PROPERTY BY PUBLIC AUCTION PER MUNICIPAL CODE SECTION 2.06.06
Recommendation: Staff recommends the City Council approve the disposal of surplus vehicles and equipment via public auction pursuant to Municipal Code Section

2.06.06. If the Council concurs, an appropriate motion would be:
“I move to approve the disposal of surplus equipment as listed in the staff report via public auction, pursuant to Municipal Code Section 2.06.06.” AGENDA – JUNE 28, 2024 Page 6 of 103

WRITTEN COMMUNICATIONS OR PUBLIC WRITINGS DISTRIBUTION
This is an opportunity to announce any written communications pertaining to the City received by members of the City Council. All public writings distributed by the City of San Marino to at least a majority of the City Council regarding any item on this agenda will be made available at the Public Counter at City Hall located at 2200 Huntington Drive, San Marino, California 91108, and will also be included in the public agenda packet that will available for review at the City Council meeting.

FUTURE AGENDA ITEMS

ADJOURNMENT
Posted: 6/21/2024 ALISON WALKER

CITY CLERK
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Alison Walker, City Clerk
DATE: June 28, 2024
SUBJECT: PUBLIC HEARING TO CONSIDER APPROVAL OF A

RESOLUTION OF THE SAN MARINO CITY COUNCIL

ORDERING THAT A MEASURE TO EXTEND THE CITY'S
EXISTING PUBLIC SAFETY SPECIAL TAX FOR FOUR (4)

YEARS BE SUBMITTED TO THE VOTERS AT THE GENERAL

MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024, AND DIRECTING THE CITY

ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS

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

BACKGROUND
One of the hallmark characteristics that sets San Marino apart from most other cities is the City’s pride in, and commitment to, public safety. San Marino has become synonymous with the gold standard of safety that many other communities attempt to emulate. This level of service and safety is a direct result of the community’s constant support of the City’s Police, Fire, and Paramedic services. Beginning in 1980 and in every election since, the voters of San Marino have passed a Public Safety Parcel Tax measure for the specific purpose of funding Police, Fire, and Paramedic services.

The current City of San Marino Public Safety Tax will expire on June 30, 2025.

This ballot measure would extend for four (4) years the City of San Marino Public Safety Tax for paramedic, police, and fire protection services. The Public Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 7 of 103
Safety Tax is a tax on each parcel of real property in the City and is authorized under the authority of Section 4 of Article XIII-A of the California Constitution.

Estimated collections for FY 24-25 is $3,700,000. As a special tax, the proceeds can only be used for paramedic, police, and fire protection services.

The City may not use the funds for any other purpose.

DISCUSSION
The General Municipal Election will be held on November 5, 2024. As a special tax, the measure requires a two-thirds vote of the persons voting at the election. Staff recommends that the City Council submit an ordinance with a four-year time extension, to align with future City elections that will be held in even years going forward. This tax has been in effect since 1980. A yes vote on the measure would extend the existing Special Public Safety Tax and assessment amounts for four years. A no vote would eliminate the Special Public Safety Tax at the end of the 2024-2025 fiscal year.

FISCAL IMPACT & PROCUREMENT REVIEW
The cost of placing this ballot measure on the November 5, 2024, election is included in the total estimated cost of the election, which is $50,000. This amount is included in the Fiscal Year 2024-25 Operating Budget.

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

RECOMMENDATION
Staff recommends the City Council conduct a public hearing and direct that a Measure be included on the November 5, 2024, election ballot that will give residents of the City of San Marino the opportunity to decide whether to continue the Special Public Safety Tax for paramedic, police, and fire protection services.

If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Resolution No. R-24-22, a resolution of the San Marino City Council ordering that a measure to extend the City’s existing Public Safety Special Tax for four (4) years be submitted to the voters at the general municipal election to be held on Tuesday, November 5, 2024, and directing the City Attorney to prepare an impartial analysis.”
PAGE 8 of 103

ATTACHMENTS

1. Resolution No. R-24-22, a Resolution of the San Marino City Council ordering that a measure to extend the City’s existing Public Safety Special Tax for four (4) years

2. Ordinance No. O-24-1412, an Ordinance levying a Special Public Safety Tax for paramedic services, police protection, and fire prevention, including Exhibit I to the ordinance
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4869-8778-2561 v1 1
RESOLUTION NO. R-24-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

MARINO, CALIFORNIA, ORDERING THE SUBMISSION TO THE

QUALIFIED ELECTORS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, OF A MEASURE TO EXTEND THE CITY’S EXISTING PUBLIC SAFETY TAX FOR FOUR (4) YEARS; DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS; AND SETTING PRIORITIES FOR BALLOT

ARGUMENTS
WHEREAS, pursuant to the requirements of the laws of the State of California relating to general law cities, there has been called and ordered to be held in the City of San Marino on Tuesday, November 5, 2024, a General Municipal Election for the purposes of electing two members of the City Council; and
WHEREAS, pursuant to existing authority under the Elections Code, the City Council proposes to submit to the voters of the City at said General Municipal Election a ballot measure to extend the City’s existing Public Safety Special Tax; and WHEREAS, the proposed ballot measure would extend the existing special tax that is already paid by San Marino property owners, to continue to raise revenue needed for the City to provide excellent public safety services; and
WHEREAS, fast emergency response times and crime prevention remains a top community priority; this extended tax would help ensure there are enough police officers, firefighters, and paramedics to respond quickly to 9-1-1 emergencies; and WHEREAS, all funds raised by this measure will be used only to fund essential City public safety services; and
WHEREAS, without the passage of this measure, the existing Public Safety Tax ordinance will expire in 2025 and public safety in the City will be underfunded; WHEREAS, pursuant to Article XIII A of the California Constitution and Section 50075 et seq. of the California Government Code, the City has the authority to levy a special tax following notice and a public hearing; and
WHEREAS, on June 13, 2024, and June 20, 2024, the City published notice of the time and place of the hearing on the Public Safety Special Tax and a general explanation thereof in the San Marino Tribune, a newspaper of general circulation; and WHEREAS, on June 28, 2024, the City Council held a duly noticed public hearing where all interested persons were heard on the matter of holding an election in the matter of levying a Public Safety Special Tax in the City;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO,

CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Pursuant to California Elections Code Sections 9222 and 10201, the City Council, pursuant to its right and authority, does hereby order that a ballot measure be submitted to the voters at a General Municipal Election to be held on Tuesday, November 5, 2024, in the form set forth herein.

SECTION 2. The City Council hereby orders that the question to be submitted to the qualified electors at the said Special Municipal Election shall appear and be printed on the ballot as follows:

YES ___
Shall an ordinance be adopted to continue the
Special Public Safety Tax for Paramedic Services,
Fire Protection and Prevention, and Police
Protection in the City of San Marino, estimated to
generate $3,700,000 annually, subject to an annual
cost of living increase, until 2029?
NO ___
SECTION 3. The text of the proposed ordinance to be submitted to the qualified electors, as attached hereto as Exhibit “A,” is hereby approved and incorporated herein by reference. The type of tax proposed is an extension of an existing Special Parcel Tax at rates specified in the proposed ordinance for four (4) additional years. The measure shall not take effect unless and until approved by a vote of least 2/3 of the voters voting on the question at the election.

SECTION 4. The ballots to be used at the election shall be in the form and content required by law.

SECTION 5. The City Clerk is authorized, instructed, and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 6. The City Clerk is hereby directed to submit to the City Attorney a copy of the ordinance, and the City Attorney is hereby authorized and directed to prepare an impartial analysis of the ballot measure showing the effect of the measure on the existing law and operation of the measure. The impartial analysis shall be submitted by the City Attorney to the City Clerk as required by Elections Code Section 9280 and shall not exceed 500 words in length, and otherwise shall comply in all respects with the applicable provisions of the Elections Code of the State of California.

SECTION 7. The last day for filing direct arguments for or against the measure shall be as set by the County, based upon the consolidation of the election as contemplated in Elections Code Section 10400 and all such arguments shall be filed with the San Marino City Clerk, 2200 Huntington Drive, San Marino, California, 91108, and shall not exceed 300 words in length. The City Clerk, upon receipt of arguments and after the filing deadline, shall immediately transmit copies to any known opposing parties who may then submit rebuttals within the time period PAGE 11 of 103
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established by the County. The City Council authorizes any and all members of the City Council to file a written argument in favor or against the above referenced measure.

If more than one argument is submitted in favor or against the measure, the Clerk shall select the argument based upon the priorities set forth in Elections Code 9287, and if more than one argument shares the same highest priority, the City Clerk shall use a random selection methodology. Arguments received prior to the deadline shall be confidential until the deadline.

SECTION 8. That the last day for filing rebuttal arguments for or against the ballot measure shall be as set forth in Elections Code 9285 and all such arguments shall be filed with the San Marino City Clerk, 2200 Huntington Drive, San Marino, California, 91108, and shall not exceed 250 words in length. Arguments received prior to the deadline are confidential until the deadline.

SECTION 9. The ten (10) day public review period for all ballot materials shall open and close pursuant to Elections Code section 9295.

SECTION 10. That the polls (vote centers) for the election shall be open at seven o’clock a.m. on the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California.

SECTION 11. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 12. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 13. The election on this measure shall be conducted on the same ballot as the General Municipal Election for candidates, and in all other particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 14. The City Clerk is authorized and directed to transmit a certified copy of this resolution to the Los Angeles County Board of Supervisors and the Los Angeles County Registrar of Voters.

SECTION 15. The City Manager and all other officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to complete the process for placing the measure on the November 5, 2024 ballot.

SECTION 16. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of San Marino, California, on this 28th day of June, 2024. _______________________________
STEVEN W. HUANG, DDS, MAYOR

CITY OF SAN MARINO
ATTEST:
____________________________________

ALISON WALKER, CITY CLERK

CITY OF SAN MARINO
PAGE 13 of 103
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SAN MARINO )
I, ALISON WALKER, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-24-22 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 28th day of June, 2024, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________________

ALISON WALKER, CITY CLERK

CITY OF SAN MARINO
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EXHIBIT “A”
PAGE 15 of 103
4861-3646-9921 v2 -1-
ORDINANCE NO. O-24-1412

AN ORDINANCE OF THE CITY OF SAN MARINO, CALIFORNIA

AMENDING THE SAN MARINO MUNICIPAL CODE BY AMENDING
ARTICLE 04 OF CHAPTER 26 TO EXTEND A SPECIAL PUBLIC SAFETY

TAX FOR PARAMEDIC SERVICES, FIRE PREVENTION, AND POLICE

PROTECTION
The people of the City of San Marino do ordain as follows:

SECTION 1. Article 4 of Chapter 26 of the San Marino Municipal Code is hereby amended in its entirety to read as follows:
“Article 04
Special Public Safety Tax
SECTION:

26.04.01: Authority

26.04.02: Maximum Tax Rates

26.04.03: Interpretation And Application Of Provisions

26.04.04: Payment Of Tax

26.04.05: Disposition Of Revenues

26.04.06: City Council Powers And Duties

26.04.07: Amendment Of Provisions

26.04.08: Termination Of Provisions

26.04.09: Prohibitions

26.04.10: Collection Of Delinquent Taxes; Lien

26.04.11: Exemptions From Tax

26.04.12: Appropriation Limit

26.04.13: Unexpended Revenues

26.04.14: Amendment Or Repeal By Voters

26.04.01: AUTHORITY:

Pursuant to the authority of section 4 of article XIII-A of the California Constitution, California Government Code section 53978, there is hereby levied and assessed a special safety tax by the city of San Marino on each parcel of property in the city of San Marino for each fiscal year, commencing with the fiscal year 2025-2026, and ending with the fiscal year 2028-2029.

26.04.02: MAXIMUM TAX RATES:

Unless territory is annexed to the city of San Marino following the date of adoption hereof by the city council, the maximum annual amounts of said special public safety tax for each fiscal year shall be as indicated on Exhibit A attached to the ordinance codified herein and incorporated herein in its entirety by reference. In the event territory is annexed to the city of San Marino following PAGE 16 of 103
4861-3646-9921 v2 -2-
the date of adoption hereof by the city council, the special public safety tax shall be imposed on such annexed parcels in the same amounts as other parcels in the same zoning classification, and the maximum amount of said public safety tax for the fiscal year of such annexation and each of the fiscal years thereafter shall be increased by the amounts equal to the total special public safety tax imposed on the annexed parcels.

26.04.03: INTERPRETATION AND APPLICATION OF PROVISIONS:

A. The special public safety tax zones shall be those designated on the official zone map of the city.

B. The records of the Los Angeles County assessor as of March 1 of each year preceding the applicable fiscal year shall determine whether or not any particular lot is unimproved for the purposes of this section. “Parcel of property” as used in this article shall mean any contiguous unit of improved or unimproved real property held in separate ownership, including, but not limited to, any single-family residence, or any other unit or real property subject to the California subdivided lands act (Business and Professions Code §11000 et seq.).

C. The tax imposed by this article shall be a tax upon each parcel of property, and the tax shall not be measured by the value of the property.

26.04.04: PAYMENT OF TAX:

The special public safety tax imposed by this article shall be due in two (2) equal installments in accordance with the collection procedures of the Los Angeles County tax collector, in the same manner, and on the same applicable dates as established by law for the due dates for the other charges and taxes fixed and collected by the county of Los Angeles on behalf of the city of San Marino.

26.04.05: DISPOSITION OF REVENUES:

A. The revenue raised by this article shall be placed in a special fund to be used only for the purposes of obtaining, providing, operating and maintaining paramedic services, police equipment or apparatus therefor; paying the salaries and benefits to paramedic, police protection and firefighting protection and prevention personnel; and for other necessary paramedic expenses, police protection expenses and fire protection and prevention expenses of the city of San Marino.

B. The chief fiscal officer of the city of San Marino shall file a report with the city council on January 1 of each year following the enactment of the special public safety tax. The annual report shall contain both of the following:
(i) The amount of funds collected and expended.
(ii) The status of any project required or authorized to be funded pursuant to this article.

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26.04.06: CITY COUNCIL POWERS AND DUTIES:

The city council, by three (3) affirmative votes, is empowered:

A. To establish the amounts of the special public safety tax levy annually each fiscal year in amounts not to exceed the maximum amounts specified for each component of the special public safety tax in section 26.04.02 of this article as is required in the discretion of the city council to provide an adequate level of paramedic service, police protection and fire protection and prevention services in the city in accordance with the purposes set forth in this article; B. To sit as a board of equalization under procedures to be adopted to equalize inequities and reduce hardships created by a literal application of this article, and such shall be deemed an administrative remedy; and
C. To annually provide an official assessment book designating the actual tax levy on each parcel, and to place same on file in the office of the city clerk.

26.04.07: AMENDMENT OF PROVISIONS:

The city council shall be empowered to amend this article by three (3) affirmative votes of the members thereof for the purposes of carrying out the general purposes of this article in order to conform to the state law that permits the county tax collector, or other proper official, to collect a special tax such as is levied by this article in conjunction with county taxes or in order to assign duties pursuant to this article to other officers.

26.04.08: TERMINATION OF PROVISIONS:

This article shall be null and void as of twelve o'clock (12:00) midnight, June 30, 2029, and shall have no force and effect whatsoever after said time and date, and any action by the city council of the city of San Marino to the contrary, notwithstanding, except that section 26.04.10 of this article, relating to the collection and enforcement of liens or obligations for the special public safety tax previously levied hereunder, shall continue in effect until such time as the collection and enforcement procedures have been completed.

26.04.09: PROHIBITIONS:

No section of this article shall be construed to permit, and the city council is expressly prohibited from extending, the terms of this article beyond June 30, 2029, or increasing the maximum amount of any special public safety tax levy, or component thereof, or penalty imposed by this article.

26.04.10: COLLECTION OF DELINQUENT TAXES; LIEN:

The special public safety tax imposed hereby shall be collected in the same manner, on the same dates, and subject to the same penalties and interest in accordance with the established dates as, or with, other charges and taxes fixed and collected by the county of Los Angeles on behalf of the city of San Marino and the said county may deduct its reasonable costs incurred for such services PAGE 18 of 103
4861-3646-9921 v2 -4-
before remittal of the balance to the city.

Said special public safety tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special public safety tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the city of San Marino by the persons who own the parcel on the date the tax is due.

26.04.11: EXEMPTIONS FROM TAX:

The special public safety tax hereby imposed shall not be imposed upon a federal or state governmental agency or any local agency or upon any parcel of property that is exempt from the special tax imposed by this article pursuant to any provision of the constitution or any paramount law.

26.04.12: APPROPRIATION LIMIT:

Pursuant to the California Constitution, article XIIIB, the appropriation limit for the city of San Marino will be increased by the maximum projected aggregate collection authorized by the levy of this special public safety tax, as indicated in section 26.04.02 of this article, in each of the years covered by this article plus the amount, if any, by which the appropriations limit is decreased by law as a result of the assessment of the special public safety tax set forth in this article.

26.04.13: UNEXPENDED REVENUES:

Unexpended revenue of any money raised by the city under this article may only be used in the succeeding year of the purposes stated in this article by lowering the next year's tax by the amount unexpended or by returning the amount unexpended to the taxpayers on the same pro rata basis as originally levied.

26.04.14: AMENDMENT OR REPEAL BY VOTERS:

This article, or any provisions thereof other than those provisions, if any, which provide for modification by the city council of the city of San Marino, may only be amended or repealed by approval of two-thirds (2/3) of the voters voting on the provisions at any City election.

SECTION 2. If any section or portion of this Ordinance is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the Ordinance, which shall continue in full force and effect, and to that extent, the provisions of this Ordinance are severable.

SECTION 3. The City hereby determines that this Ordinance is not in-and-of-itself a "project" pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq., including without limitation CEQA Guidelines 15378(b)(4) and 1506l(b)(3), as it PAGE 19 of 103
4861-3646-9921 v2 -5-
can be seen with certainty that there is no possibility that the adoption of the ordinance itself may have a significant effect on the environment.

SECTION 4. This Ordinance, and all the provisions thereof, shall become effective only upon affirmative passage by of two-thirds of the voters voting on the Ordinance. This Ordinance shall be considered adopted on the date that the City declares the results of the election at which it was voted upon and shall be effective ten (10) days thereafter.

ADOPTED ON [date vote declared by the City Council] AND EFFECTIVE ON [10 days after declaration of vote].

PAGE 20 of 103

EXHIBIT I
ORDINANCE NO. O-24-1412

MAXIMUM SPECIAL PUBLIC SAFETY TAX LEVY AND ASSESSMENT AMOUNTS Zones
# of
Parcels
Police/Fire
Zone
Factor
Police/Fire
Components
Paramedic
Component
Police/Fire
Components
Paramedic
Component
Police/Fire
Components
Paramedic
Component
Police/Fire
Components
Paramedic
Component
RES I 286 3.00 1,360.16 76.11 1,428.17 79.92 1,499.58 83.92 1,574.55 88.11 RES II 379 2.63 1,192.49 76.11 1,252.11 79.92 1,314.71 83.92 1,380.45 88.11 RES III 20 2.19 993.92 76.11 1,043.62 79.92 1,095.80 83.92 1,150.59 88.11 RES IV 343 1.89 857.14 76.11 899.99 79.92 944.99 83.92 992.24 88.11 RES V 1,509 1.44 653.06 76.11 685.71 79.92 720.00 83.92 756.00 88.11 RES VI 702 1.15 522.88 76.11 549.02 79.92 576.47 83.92 605.30 88.11 RES VII 1,220 1.00 453.39 76.11 476.06 79.92 499.86 83.92 524.86 88.11 COM I 32 2.40 1,088.79 76.11 1,143.23 79.92 1,200.39 83.92 1,260.41 88.11 COM II* 85 3.75 1,701.03 76.11 1,786.08 79.92 1,875.39 83.92 1,969.16 88.11 COM III 36 6.50 2,948.66 76.11 3,096.10 79.92 3,250.90 83.92 3,413.45 88.11 UNIMPR 25 0.55 249.31 76.11 261.78 79.92 274.87 83.92 288.61 88.11 SPLIT 3 0.44 182.02 76.11 191.12 79.92 200.67 83.92 210.71 88.11 UNASSESS - - 76.11 - 79.92 - 83.92 - 88.11
EXEMPT 35 - - - - - - - -
4,675

PROJECTED MAXIMUM
TOTAL COLLECTION:

Component: 3,352,854.41 353,171.28 3,520,497.13 370,829.84 3,696,522 389,371.34 3,881,348.09 408,839.90 Combined: 3,706,026 3,891,327 4,085,893 4,290,188
ANTICIPATED CREDITS: 1,050 1,103 1,158 1,216
ESTIMATED TOTAL COLLECTABLE:

Component: 3,351,804 353,171 3,519,395 370,830 3,695,364 389,371 3,880,133 408,840 Combined: 3,704,976 3,890,224 4,084,736 4,288,972
* Including churches, non-profit holdings and the like
SENIOR CITIZEN CREDIT: Upon application, the City Council shall make available a credit of $100 per year for parcels owned by senior citizens (65 years or older) whose income does not exceed levels the City Council establishes.

Fiscal Year 2025-26 Fiscal Year 2026-27 Fiscal Year 2027-28 Fiscal Year 2028-29 PAGE 21 of 103
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Alison Walker, City Clerk
DATE: June 28, 2024
SUBJECT: APPROVAL AND ADOPTION OF RESOLUTIONS

PERTAINING TO THE GENERAL MUNICIPAL ELECTION TO
BE HELD ON NOVEMBER 5, 2024

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

BACKGROUND
The General Municipal Election will be held on November 5, 2024, for the purpose of electing two members to the City Council for full terms. The two (2) members of the City Council whose terms are expiring are Steven W.

Huang and Steve Talt. Prior to the holding of an election, the City must adopt three resolutions in relation thereto. The first resolution calls and gives notice of holding an election. The second resolution requests the Los Angeles County Board of Supervisors to allow consolidation with the statewide election being held on the same day and to direct the County Elections Department to render services; and the third resolution adopts regulations for the candidates’ statements. In 2016, the City Council gave direction to change the General Municipal Election dates to align with the dates of statewide elections in even years beginning in 2022.

DISCUSSION
Significant dates for the General Municipal Election are as follows:
• July 15, 2024 – Filing period opens for nomination papers • August 9, 2024 – Last day to file nomination papers
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 22 of 103
• August 15, 2024 - Secretary of State to determine Order of Names on Ballot
• October 21, 2024 – Last day to register to vote for this election • November 5, 2024 – ELECTION DAY
Resolution No. R-24-11 “Calling and Giving Notice” must be submitted to the County no later than 120 days prior to the election (July 8, 2024). This resolution is to call the City’s General Municipal Election to elect two City Council members. The resolution includes language that would allow - but not require - the City to submit a ballot measure or measures to the voters at the same election. A filing fee of twenty-five dollars ($25) shall be paid by the candidate upon the filing of nomination papers.

Resolution No. R-24-12 requests the Board of Supervisors to consolidate the City’s election with other elections on the same date the County will conduct and to permit the County Elections Department to take any and all steps necessary for the holding of the election. The services to be provided by the County Registrar of Voters include, but are not limited to, the appointment of all required election officers and establishment of polling places; publishing the notice of appointment of election officers, preparing and mailing the official and sample ballots including candidates’ statements, process vote by mail ballots; supply all needed materials for polling places; conduct the election, canvass the election returns and certify the results; and in the event of a tie vote between two or more persons receiving an equal and the highest number of votes for the offices to be voted for, to determine the tie by lot. The City would reimburse the County for the costs of providing the services.

Resolution No. R-24-13 adopts regulations for candidates pertaining to candidates’ statements submitted to the voters. The regulations limit the candidate’s statement to 200 words describing the candidate’s education and qualifications expressed by the candidate. The statement shall not include party affiliation nor membership or activity in partisan political organizations.

The candidates will be required to pay a deposit of $300 at the time of filing his/her nomination paper in order to have the statement included in the voters’ pamphlet. The candidate will be billed for any cost in excess of the deposit and will receive a refund of any unused portion of the deposit.

FISCAL IMPACT & PROCUREMENT REVIEW
The County has provided an estimate of the cost for this election which is approximately $50,000. The funds have been included in the 2024-25 Fiscal Year Budget. There is not a viable alternative to contracting with the County for these services, as private contractors no longer offer these services.

PAGE 23 of 103

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

RECOMMENDATION
Staff recommends the City Council adopt: (1) Resolution No. R-24-11 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities and requesting the Registrar of Voters of the County of Los Angeles to conduct said election; (2) Resolution No. R-24-12 requesting the Board of Supervisors of the County of Los Angeles to render services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 5, 2024; and (3) Resolution No. R-24-13 adopting regulations for candidates for elective office pertaining to candidates’ statements submitted to the voters at an election to be held on November 5, 2024.

If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Resolution Nos. R-24-11, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 5, 2024; R-24-12, requesting the Board of Supervisors of the County of Los Angeles to render services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 5, 2024; and R-24-13, adopting regulations for candidates for elective office pertaining to candidates’ statements submitted to the voters at the election to be held on November 5, 2024.”

ATTACHMENTS

1. Resolution No. R-24-11, a Resolution Calling and Giving Notice of the Holding of a General Municipal Election to be held on Tuesday, November 5, 2024

2. Resolution No. R-24-12, a Resolution Requesting the Board of Supervisors of the County of Los Angeles to Render Services to the City Relating to the Conduct of a General Municipal Election

3. Resolution No. R-24-13, a Resolution Adopting Regulations for Candidates for Elective Office
PAGE 24 of 103
RESOLUTION NO. R-24-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN MARINO, CALIFORNIA, CALLING AND GIVING

NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL

ELECTION TO BE HELD IN THE CITY ON TUESDAY,
NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN

OFFICERS OF THE CITY AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF

CALIFORNIA RELATING TO GENERAL LAW CITIES AND

REQUESTING THE REGISTRAR OF VOTERS OF THE

COUNTY OF LOS ANGELES TO CONDUCT SAID ELECTION

AND CANVASS THE RESULTS
WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held every two years on specified dates, for the purpose of electing two (2) members of the City Council and for possibly presenting a ballot measure or measures for consideration by the voters.

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

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities within the State, there is called and ordered held in the City of San Marino, California, on Tuesday, November 5, 2024, a General Municipal Election of the qualified electors of the City for the purpose of electing two (2) members of the City Council for full terms of four years each, and for presenting a ballot measure or measures for consideration by the voters of the City.

SECTION 2. That pursuant to the provisions of Section 10002 of the Elections Code of the State of California, this City Council hereby requests the Registrar of Voters of the County of Los Angeles to conduct the General Municipal Election for the City of San Marino.

SECTION 3. That the ballots to be used at the Election shall be, in form and content, such as may be required by law to be used in the Election.

SECTION 4. That the City Clerk is hereby authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the Election.

SECTION 5. That the polls for the Election shall be open at seven o’clock a.m. on the day of the Election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.

SECTION 6. That a filing fee of twenty-five dollars ($25) shall be paid by each candidate upon the filing of his or her nomination papers.

PAGE 25 of 103
CITY OF SAN MARINO RESOLUTION NO. R-24-11
PAGE 2 OF 3
SECTION 7. That in all particulars not recited in this Resolution, the Election shall be held and conducted as provided by law for holding municipal elections in a general law City.

SECTION 8. That notice of the time and place of holding the Election is given and the City Clerk is authorized, instructed and directed to give such further or additional notice of the Election, in time, form and manner as required by law.

SECTION 9. That the City Council of San Marino requests that the Los Angeles County Registrar of Voters canvass the results of the said Election.

SECTION 10. That the City of San Marino shall reimburse the County of Los Angeles Registrar of Voters for the cost of services performed relative to the conduct of the General Municipal Election, after completion of all work and upon presentation to the City of a properly detailed bill.

SECTION 11. That the City Clerk is hereby directed to forward a certified copy of this Resolution to said Los Angeles County Registrar of Voters.

SECTION 12. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions of the City of San Marino.

PASSED, APPROVED, AND ADOPTED, at an Adjourned Regular Meeting of the City Council of the City of San Marino, California, on this 28th day of June, 2024. _____________________________
STEVEN W. HUANG, DDS, MAYOR

CITY OF SAN MARINO
ATTEST:
__________________________________

ALISON WALKER, CITY CLERK

CITY OF SAN MARINO
PAGE 26 of 103
CITY OF SAN MARINO RESOLUTION NO. R-24-11
PAGE 3 OF 3

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SAN MARINO )
I, Alison Walker, City Clerk of the City of San Marino, California, hereby certify that Resolution No R-24-11 was adopted by the City Council of the City of San Marino at an Adjourned Regular Meeting held on the 28th day of June, 2024, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

ALISON WALKER, CITY CLERK

CITY OF SAN MARINO
PAGE 27 of 103
RESOLUTION NO. R-24-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA, REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF LOS

ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH

THE STATEWIDE AND LOCAL AND MUNICIPAL

CONSOLIDATED ELECTION TO BE HELD ON THE DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS
CODE
WHEREAS, the City Council of the City of San Marino has called a General Municipal Election to be held on November 5, 2024, for the purpose of electing two Members of the City Council to four-year terms of office and for the purpose of submitting a ballot measure for consideration by the voters with the question of extending the City’s existing Public Safety Special Tax; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide and Local and Municipal Consolidated Election to be held on the same date, and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Elections Department of the County of Los Angeles canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide and Local and Municipal Consolidated Election to be conducted by the County on Tuesday, November 5, 2024, for the purpose of electing two Members of the San Marino City Council to four-year terms of office and for the purpose of submitting a ballot measure for consideration by the voters with the question of extending the City’s existing Public Safety Special Tax.

SECTION 2. That a measure is to appear on the ballot as follows:

SECTION 4. That the vote requirement for the measure to pass is a vote of at least 2/3 of the voters voting on the question.

SECTION 5. That the County Elections Department is authorized to canvass the returns of the General Municipal Election. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

SECTION 6. That the Board of Supervisors is requested to issue instructions to the County Elections Department to take any and all steps necessary for the holding of the consolidated election.

SECTION 7. That the City of San Marino recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for all costs upon conclusion of the work and presentation to the City of an invoice for the reasonable costs of conducting the election.

SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Elections Department of the County of Los Angeles forthwith.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, AND ADOPTED, at an Adjourned Regular Meeting of the City Council of the City of San Marino, California, on this 28th day of June 2024. _____________________________
STEVEN W. HUANG, DDS, MAYOR

CITY OF SAN MARINO
ATTEST:
__________________________________

ALISON WALKER, CITY CLERK

CITY OF SAN MARINO
PAGE 29 of 103
CITY OF SAN MARINO RESOLUTION NO. R-24-12
PAGE 3 OF 4

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SAN MARINO )
I, Alison Walker, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-24-12 was adopted by the City Council of the City of San Marino at an Adjourned Regular Meeting held on the 28th day of June, 2024, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

ALISON WALKER, CITY CLERK

CITY OF SAN MARINO
PAGE 30 of 103
CITY OF SAN MARINO RESOLUTION NO. R-24-12
PAGE 4 OF 4
EXHIBIT “A”
PAGE 31 of 103
CITY OF SAN MARINO RESOLUTION NO. R-24-12 EXHIBIT A
PAGE 1 OF 4
4861-3646-9921 v2 -1-
ORDINANCE NO. O-24-1412

AN ORDINANCE OF THE CITY OF SAN MARINO, CALIFORNIA

AMENDING THE SAN MARINO MUNICIPAL CODE BY AMENDING
ARTICLE 04 OF CHAPTER 26 TO EXTEND A SPECIAL PUBLIC SAFETY

TAX FOR PARAMEDIC SERVICES, FIRE PREVENTION, AND POLICE

PROTECTION
The people of the City of San Marino do ordain as follows:

SECTION 1. Article 4 of Chapter 26 of the San Marino Municipal Code is hereby amended in its entirety to read as follows:
“Article 04
Special Public Safety Tax
SECTION:

26.04.01: Authority

26.04.02: Maximum Tax Rates

26.04.03: Interpretation And Application Of Provisions

26.04.04: Payment Of Tax

26.04.05: Disposition Of Revenues

26.04.06: City Council Powers And Duties

26.04.07: Amendment Of Provisions

26.04.08: Termination Of Provisions

26.04.09: Prohibitions

26.04.10: Collection Of Delinquent Taxes; Lien

26.04.11: Exemptions From Tax

26.04.12: Appropriation Limit

26.04.13: Unexpended Revenues

26.04.14: Amendment Or Repeal By Voters

26.04.01: AUTHORITY:

26.04.02: MAXIMUM TAX RATES:

Unless territory is annexed to the city of San Marino following the date of adoption hereof by the city council, the maximum annual amounts of said special public safety tax for each fiscal year shall be as indicated on Exhibit A attached to the ordinance codified herein and incorporated herein PAGE 32 of 103
CITY OF SAN MARINO RESOLUTION NO. R-24-12 EXHIBIT A
PAGE 2 OF 4
4861-3646-9921 v2 -2-
in its entirety by reference. In the event territory is annexed to the city of San Marino following the date of adoption hereof by the city council, the special public safety tax shall be imposed on such annexed parcels in the same amounts as other parcels in the same zoning classification, and the maximum amount of said public safety tax for the fiscal year of such annexation and each of the fiscal years thereafter shall be increased by the amounts equal to the total special public safety tax imposed on the annexed parcels.

26.04.03: INTERPRETATION AND APPLICATION OF PROVISIONS:

A. The special public safety tax zones shall be those designated on the official zone map of the city.

C. The tax imposed by this article shall be a tax upon each parcel of property, and the tax shall not be measured by the value of the property.

26.04.04: PAYMENT OF TAX:

26.04.05: DISPOSITION OF REVENUES:

PAGE 33 of 103
CITY OF SAN MARINO RESOLUTION NO. R-24-12 EXHIBIT A
PAGE 3 OF 4
4861-3646-9921 v2 -3-

26.04.06: CITY COUNCIL POWERS AND DUTIES:

The city council, by three (3) affirmative votes, is empowered:

26.04.07: AMENDMENT OF PROVISIONS:

26.04.08: TERMINATION OF PROVISIONS:

26.04.09: PROHIBITIONS:

26.04.10: COLLECTION OF DELINQUENT TAXES; LIEN:

The special public safety tax imposed hereby shall be collected in the same manner, on the same dates, and subject to the same penalties and interest in accordance with the established dates as, or with, other charges and taxes fixed and collected by the county of Los Angeles on behalf of the PAGE 34 of 103
CITY OF SAN MARINO RESOLUTION NO. R-24-12 EXHIBIT A
PAGE 4 OF 4
4861-3646-9921 v2 -4-
city of San Marino and the said county may deduct its reasonable costs incurred for such services before remittal of the balance to the city.

26.04.11: EXEMPTIONS FROM TAX:

26.04.12: APPROPRIATION LIMIT:

26.04.13: UNEXPENDED REVENUES:

26.04.14: AMENDMENT OR REPEAL BY VOTERS:

SECTION 3. The City hereby determines that this Ordinance is not in-and-of-itself a "project" pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq., including without limitation CEQA Guidelines 15378(b)(4) and 1506l(b)(3), as it PAGE 35 of 103
CITY OF SAN MARINO RESOLUTION NO. R-24-12 EXHIBIT A
PAGE 5 OF 4
4861-3646-9921 v2 -5-
can be seen with certainty that there is no possibility that the adoption of the ordinance itself may have a significant effect on the environment.

ADOPTED ON [date vote declared by the City Council] AND EFFECTIVE ON [10 days after declaration of vote].

PAGE 36 of 103

EXHIBIT I
ORDINANCE NO. O-24-1412

PROJECTED MAXIMUM
TOTAL COLLECTION:

Fiscal Year 2025-26 Fiscal Year 2026-27 Fiscal Year 2027-28 Fiscal Year 2028-29 PAGE 37 of 103
RESOLUTION NO. R-24-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA, ADOPTING

REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES’ STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HELD ON NOVEMBER 5, 2024
WHEREAS, §13307 of the Elections Code of the State of California, provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of San Marino on November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed, in typewritten form, in the Office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period of filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. In compliance with California law, the City Clerk shall provide a Spanish translation of the candidate’s statement at the candidate’s request. The City Clerk shall require each candidate filing a statement to pay a deposit of THREE HUNDRED DOLLARS ($300) for English, and SIX HUNDRED DOLLARS ($600) for English and Spanish, in advance as a condition of having his or her statement included in the voters’ pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit.

SECTION 3. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nomination petitions are issued.

SECTION 4. FOREIGN LANGUAGE POLICY.

A. Multilingual translations of candidate statements for voter information booklets may be provided in Chinese, Hindi, Japanese, Khmer, Korean, Spanish, Tagalog/Filipino, Thai and Vietnamese for qualifying jurisdictions in accordance with the National Voting Rights Act PAGE 38 of 103
CITY OF SAN MARINO RESOLUTION NO. R-24-13
PAGE 2 OF 3
provisions and Department of Justice specifications.

B. The County will print sample ballots and candidates’ statements in English and all qualified languages that equal 3% or more of voting-age residents in San Marino. The County will make the sample ballots and candidates’ statements in the required languages available at all polling places, on the County’s website, in the office of the City Clerk for the City of San Marino, and to voters requesting such material.

SECTION 5. PAYMENT.

A. Translations.

1. The candidate shall be required to pay for the pro rata cost of translating the candidate’s statement into any required foreign language as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and/or State law.

2. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate.

B. Printing.

1. The candidate shall be required to pay for the pro rata cost of printing the candidate’s statement in English in the main voter’s pamphlet.

2. The candidate shall be required to pay for the pro rata cost of printing the candidate’s statement in a foreign language required in (A) of Section 2 above, in the main voters’ pamphlet.

3. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voters’ pamphlet.

The County Registrar of Voters shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her statement included in the voters’ pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements.

Accordingly, the City is not bound by the estimate specified above and may, on a pro rata basis, bill the candidate for additional actual expenses or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk shall require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

PAGE 39 of 103
CITY OF SAN MARINO RESOLUTION NO. R-24-13
PAGE 3 OF 3
SECTION 6. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package.

SECTION 7. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this resolution at the time nominating petitions are issued.

SECTION 8. That all previous resolutions establishing Council policy on payment for candidates’ statements are repealed.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

CITY OF SAN MARINO
ATTEST:
__________________________________

ALISON WALKER, CITY CLERK

CITY OF SAN MARINO

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SAN MARINO )
I, Alison Walker, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-24-13 was adopted by the City Council of the City of San Marino at an Adjourned Regular Meeting held on the 28th day of June, 2024, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

ALISON WALKER, CITY CLERK

CITY OF SAN MARINO
PAGE 40 of 103
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Nicole Tibbet, Community Engagement Manager
DATE: June 28, 2024
SUBJECT: ACCEPTANCE OF A $150,000 DONATION FROM THE

HUNTINGTON LIBRARY, ART MUSEUM, AND BOTANICAL

GARDENS FOR RECEIPT IN THE CAPITAL PROJECTS
FUND

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Well-Maintained Infrastructure
Fiscally Responsible and Transparent City Government
Inviting and Relevant City Facilities

BACKGROUND
The Huntington Library, Art Museum, and Botanical Gardens (Huntington) opened publicly to visitors in 1928 and has grown over the past century to become an internationally renowned collections-based nonprofit institution that supports and promotes the humanities, the arts, and botanical science.

The Huntington, at approximately 207 acres in size, encompasses just under 10% of the City’s land mass and hosts more than one million visitors each year. Additionally, the Huntington is the City’s largest employer with more than 400 full and part time staff, and an additional approximately 1,000 volunteers.1 As such, the Huntington is a key role player in the local community, economy, need for services, and the like.

In order to maintain strong relationships with the City and community, the Huntington has made periodic donations to the City. A recent history of the Huntington’s donations include: $150,000 in Fiscal Years 2017-18 and 2018- 1 https://huntington.org/sites/default/files/2024-05/The-Huntington-InFact-FY23.pdf Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
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19, and $100,000 each in Fiscal Year 2019-20, 2020-21, 2021-22 and 2022- 23, for a total of $700,000 in the last six fiscal years.

DISCUSSION
Honoring this tradition, the Huntington is again interested in making a donation to the City. Following recent conversations with City staff, the Huntington would like to make an increased donation in the amount of $150,000 this year. Given community concerns about the impact of the Huntington on our streets, staff recommends receiving this donation into the Capital Projects Fund where it will be used for infrastructure improvements.

FISCAL IMPACT & PROCUREMENT REVIEW
We will begin the next fiscal year with an estimated available balance in the Capital Projects Fund of $12,930,466. The addition of the $150,000 from the Huntington would render an estimated beginning fund balance of $13,080,466 in the Capital Projects Fund at July 1, 2024.

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

RECOMMENDATION
Staff recommends the City Council accept the donation and apply the funds to capital projects, the appropriate motion would be:
“I move to accept the donation of $150,000 from the Huntington Library, Art Museum, and Botanical Gardens; authorize the Finance Department to receipt the donation in the Capital Projects Fund; and amend the FY 2023-24 revenue budget to recognize revenue of $150,000 in the Capital Projects Fund (Account # 394-00-3601-0000).”

ATTACHMENTS
None
PAGE 42 of 103
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director
DATE: June 28, 2024
SUBJECT: APPROVAL OF A MASTER EQUITY LEASE AGREEMENT
WITH ENTERPRISE FLEET MANAGEMENT, INC. FOR THE

LEASING OF NEW FLEET VEHICLES, APPROVAL OF AN

ASSIGNMENT AGREEMENT WITH ENTERPRISE FLEET
MANAGEMENT, INC. FOR THE SALE OF CITY-OWNED

VEHICLES REPLACED THROUGH THIS PROGRAM,

AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE

THE AGREEMENTS AND COMPLETE ANY NECESSARY

FORMS, AUTHORIZATION FOR THE CITY MANAGER TO

ADD, REMOVE, OR TRADE-IN FLEET VEHICLES AS

APPROPRIATE AND SURPLUS TO BE SOLD BY
ENTERPRISE FLEET MANAGEMENT, INC. PURSUANT TO

THE ASSIGNMENT AGREEMENT AND IN COMPLIANCE
WITH MUNICIPAL CODE SECTION 2.06.06, AND APPROVE

THE LEASING AND DISPOSITION OF NEW FLEET
VEHICLES AT THE CITY MANAGER’S DISCRETION

CONSISTENT WITH OPERATIONAL NEEDS AND BUDGET

ALLOCATION

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government
Safe Community
Well-Maintained Infrastructure
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 43 of 103

BACKGROUND
The City maintains a fleet of vehicles and equipment for operational needs by nearly every City Department including Police, Fire, Parks and Public Works, Community Services, and Community Development. The fleet consists of forty-five (45) light, medium, and heavy-duty vehicles including specialized public safety vehicles such as fire engines and rescue ambulances. The City has historically purchased and owned all fleet vehicles and equipment. During each annual budget cycle, Departments have independently made requests for replacement vehicles. In recent years, the vehicles approved for replacement have primarily focused on critically needed public safety vehicles for the Police and Fire Departments. However, this process has not kept pace with replacing vehicles that have reached the end of their useful service life for Police, Fire or any of the other Departments on a consistent basis resulting in an aging, inefficient fleet without a long-term replacement plan for the entire fleet.

Thirty-four (34) vehicles of the City’s entire fleet of forty-five (45) vehicles are light-duty vehicles with an average age of 10 years and a number of these vehicles are approaching nearly 20 years old. The current age of the fleet is negatively affecting the overall budget and fleet operations as older vehicles have higher fuel, maintenance, and repair costs and tend to be unreliable.

Below is a snapshot of the age of the fleet.

Age of Vehicle Number of Vehicles
0-5 Years 10
5-10 Years 10
10-20 Years 14
In addition to the inefficiency and higher cost of maintaining an aging fleet, many vehicles lack standard safety features including:
• 22 vehicles pre-date Back-up Camera standardization (2018) • 6 vehicles pre-date Electronic Stability Control standardization (2012) • 2 vehicles pre-date Anti-Lock Brake standardization (2007) In order to improve fleet efficiency and safety, enhance service delivery, reduce operating costs (fuel, maintenance, and repairs), and modernize the City’s process for procuring vehicles, staff recommends that the City Council enter a Master Equity Lease Agreement for City vehicles with Enterprise Fleet Management, Inc.

PAGE 44 of 103

DISCUSSION
The City has historically purchased all vehicles and outfitted Police, Fire, and Public Works vehicles with all required aftermarket equipment as operationally necessary for each vehicle before introducing the vehicles into the fleet. Since the Covid-19 pandemic, there have been nationwide shortages in the supply chain for vehicles, notably for many police vehicles. This has led to fluctuating vehicle costs and extended lead times when procuring vehicles. As such, in recent years the process of procuring vehicles has become more challenging, lengthy, expensive, and has required significant staff time to manage.

Additionally, the City has more than a dozen vehicles that are over a decade old and require frequent repairs.

In researching potential partners for vehicle leasing programs, staff identified that Enterprise Fleet Management Inc., has successfully partnered with over 1,000 government partners nationwide and numerous cities throughout Southern California, including nearby cities such as Azusa, Baldwin Park, Duarte, Rosemead, South Pasadena, and Temple City. In order to evaluate the feasibility of implementing a similar program in San Marino, staff has worked with Enterprise representatives over the past year to develop a viable, efficient, and suitable fleet replacement program. Under this plan, City vehicles acquired through this program will be leased for 5-year terms on an “open-end” basis that will allow the City to modernize its aging fleet and replace vehicles on a consistent basis with less upfront capital. It also enables the City to sell vehicles at optimal times to receive the highest resale value, which can be used as equity in leasing newer and more efficient vehicles. The City will also benefit from Enterprise’s ability to sell vehicles at an average of 112% above Commercial Value Index (auction).

The City’s Fleet Maintenance Division will continue to maintain the vehicles as they do now. Operating budget savings are projected to reduce fleet maintenance costs approximately 35% in the first year, and approximately 78% once fully implemented. It is estimated the City will also reduce its fuel costs by 21% based on more fuel-efficient vehicles alone, not including any additional reduction in fuel consumption through the transitioning of select vehicles to electric.

Additional advantages of leveraging an open-ended, municipal lease program through Enterprise include but are not limited to, the following:
• City will retain all rights of ownership and can equip vehicles with any aftermarket equipment (toolboxes, police equipment, etc.) on the vehicles.

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• No mileage restrictions, abnormal wear and tear, or early termination penalties.
• “Open-end” lease structure allows the City to replace more vehicles with less up-front capital and maintain a manageable, more predictable yearover-year annual fleet budget. • Establish a more proactive, efficient fleet replacement plan to acquire vehicles on a more consistent basis and maintain a newer fleet. • Increase employee safety by enabling the City to replace outdated vehicles sooner, consistent with vehicle replacement industry standards. • Reduce vehicle fuel, maintenance and repair costs.
• Enhance service delivery to the community with a more reliable fleet and less vehicle downtime.
• Reduce staff time associated with procurement of vehicles. • Save more than $500,000 over the next 10 years.

In addition, Enterprise will provide an account team to assist the City in implementing and executing the vehicle leasing and replacement program at no additional cost. This team will make recommendations on the best time to order/sell vehicles, establish a proactive replacement plan, and make recommendations on the most cost-effective vehicles.

Furthermore, Enterprise is able to obtain Electric Vehicles to ensure the City is able to comply with State legislation requiring 10% of the City’s fleet be electric by 2025. While the City does not currently have infrastructure in place to support electric vehicles, the construction of electric vehicle charging stations was approved as a new Capital Improvement Project in FY 2024-25 and will be completed before the arrival of electric vehicles. The site assessment has already been completed and feasibility has been confirmed.

The ideal location for installation of electric chargers within the City Hall campus parking lot places the chargers near an existing transformer which alleviates the need for any long-lead electrical components. Additionally, the fleet leasing model allows for the flexibility to integrate electric vehicles without committing to long term ownership.

The transition to a multi-year fleet leasing program was proposed by staff as a Priority Initiative as part of the FY 2024-25 budget process. With the adoption of the FY 2024-25 budget approved by City Council on May 31, 2024, $165,000 was included in the Capital Equipment Budget to begin implementation of a fleet leasing program with replacement of 17 existing vehicles. The vehicles identified for replacement are shown in the table below:

Division Vehicle
Year
Vehicle
Make
Vehicle
Model
Community Development 2014 Ford Escape
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Community Development 2014 Smart Fortwo
Community Services 2005 Chevrolet Silverado 2500
Community Services 2010 Chevrolet Tahoe
Fire Department 2017 Ford Explorer
Police Department 2014 Nissan Altima
Police Department 2014 Smart Fortwo
Police Department 2016 Ford Utility Interceptor
Police Department 2016 Ford Utility Interceptor
Parks & Public Works 2007 Chevrolet Silverado 2500
Parks & Public Works 2008 Ford F-250
Parks & Public Works 2010 Ford F-250
Parks & Public Works 2012 Ford F-250
Parks & Public Works 2013 Ford F-150
Parks & Public Works 2013 Ford F-150
Parks & Public Works 2014 Ford F-150
Parks & Public Works 2015 Ford F-250
Replacement vehicles will generally be selected on a like-for-like basis however, the following criteria will be taken into consideration as part of the assessment and determination of each vehicle’s replacement:

1. Cost efficiency
➢ Least expensive vehicle compatible with fleet maintenance operations that meets operational needs will be selected over more expensive alternatives.

2. Fuel efficiency
➢ Most fuel-efficient vehicle compatible with fleet maintenance operations that meets operational needs will be selected over less fuel-efficient options, and select vehicles will be transitioned to electric as operations allow.

3. Compatibility with fleet maintenance operations
➢ A minimum number of different vehicle manufacturers/models will be selected to maintain efficiency in the servicing of vehicles and reduce the amount of different types of parts necessary to be kept in stock for each vehicle in the fleet.

4. Operational needs and flexibility
➢ Vehicles that best meet the above criteria and provide the greatest flexibility in meeting operational needs will be selected.

Each year, staff will evaluate the program and make recommendations to the City Council regarding its continuation and upcoming schedule of vehicles for replacement as part of the annual budget process. Specialty vehicles and other equipment (fire engines, ambulances, backhoe, etc.) will not be included PAGE 47 of 103
as part of this program, and will continue to be managed separately by staff.

FISCAL IMPACT & PROCUREMENT REVIEW
The estimated cost for the first year of the fleet leasing program to replace 17 vehicles is approximately $165,000, which is included in the City’s adopted FY 2024-25 Capital Improvement Program (CIP) budget in Account #591-42- 4613-0501. Operating budget savings are projected to reduce fleet maintenance costs approximately 35% in the first year, and approximately 78% once fully implemented. It is estimated the City will also reduce its fuel costs by 21% based on more fuel-efficient vehicles alone, not including any additional reduction in fuel consumption through the transitioning of select vehicles to electric. Future years of the program would be contingent on City Council appropriation.

The Master Lease Agreement with Enterprise is part of the Sourcewell Cooperative Purchasing Agreement. Sourcewell manages the solicitation process and awards contracts to suppliers on behalf of government and nonprofit agencies. Agencies that purchase supplies and equipment through a Sourcewell contract benefit from lower costs by combining the purchasing power of more than 50,000 government, education, and non-profit organizations. The City of San Marino is a current member of Sourcewell, and Enterprise has been awarded a contract with Sourcewell through a competitive process for Fleet Management Services. As such, the City may enter into an agreement with Enterprise in compliance with the City’s procurement policy SMCC 02.06.05.B.6

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

RECOMMENDATION
Staff recommends that the City Council 1) approve a Master Equity Lease Agreement with Enterprise Fleet Management Inc. for the leasing of new fleet vehicles, (2) approve an Assignment Agreement with Enterprise Fleet Management Inc. for the sale of City-owned vehicles replaced through this program, 3) authorize the City Manager to execute the agreement and complete any necessary forms, 4) authorize the City Manager to add, remove, or trade-in fleet vehicles as appropriate and surplus to be sold by Enterprise Fleet Management, Inc. pursuant to the Assignment Agreement and in compliance with Municipal Code Section 2.06.06, and 5) approve the leasing and disposition of new fleet vehicles at the City Manager’s discretion consistent with operational needs and budget allocation. If the City Council concurs with PAGE 48 of 103
staff’s recommendation, an appropriate motion would be:
“I move to 1) approve a Master Equity Lease Agreement with Enterprise Fleet Management Inc. for the leasing of new fleet vehicles, (2) approve an Assignment Agreement with Enterprise Fleet Management Inc. for the sale of City owned vehicles replaced through this program, 3) authorize the City Manager to execute the agreement and complete any necessary forms, 4) authorize the City Manager to add, remove, or trade in fleet vehicles as appropriate and surplus to be sold by Enterprise Fleet Management, Inc. pursuant to the Assignment Agreement and in compliance with Municipal Code Section 2.06.06, and 5) approve the leasing and disposition of new fleet vehicles at the City Manager’s discretion consistent with operational needs and budget allocation.”

ATTACHMENTS

1. Draft Master Lease Equity Agreement with Enterprise Fleet Management

2. Draft Assignment Agreement with Enterprise Fleet Management PAGE 49 of 103

MASTER EQUITY LEASE AGREEMENT
This Master Equity Lease Agreement is entered into this _______ day of _____________________, 20____, by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”), and the lessee whose name and address is set forth on the signature page below (“Lessee”).

1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a “Vehicle” and collectively, the “Vehicles”) described in the schedules from time to time delivered by Lessor to Lessee as set forth below (“Schedule(s)”) for the rentals and on the terms and conditions set forth in this Agreement and in the applicable Schedule. References to this “Agreement” shall include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement, each of which are incorporated herein as part of a single, unitary Agreement. Lessor will, on or about the date of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, “Servicer”) may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor.

2. TERM: The term of this Agreement (“Term”) for each Vehicle begins on the date such Vehicle is delivered to Lessee (the “Delivery Date”) and, unless terminated earlier in accordance with the terms of this Agreement, continues for the “Lease Term” as described in the applicable Schedule.

3. RENT AND OTHER CHARGES:
(a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules, Open-End (Equity) Lease Rate Quotes, and this Agreement.

The monthly payments will be in the amount listed as the “Total Monthly Rental Including Additional Services” on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable in advance on the first day of each month. Lessee agrees to pay Lessor interest charges, in connection with the acquisition of a Vehicle, for the period between the date Lessor issues payment to acquire such Vehicle and the date the Vehicle is delivered to Lessee.

Such interest charges shall be included in each Schedule. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro-rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as “Depreciation Reserve” on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c). Lessee agrees to pay Lessor the “Total Initial Charges” set forth in each Schedule on the due date of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the “Service Charge Due at Lease Termination” set forth in each Schedule at the end of the applicable Term (whether by reason of expiration, early termination or otherwise). (b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78’s and the adjusted amount will be payable by Lessee to Lessor on the termination date.
(c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of the Book Value of such Vehicle over the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is less than the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment after the end of the applicable Term (subject to Lessor’s right to recoup any amounts Lessor would owe to Lessee under this Section 3(c) against any obligations of Lessee to Lessor under this Agreement).

Notwithstanding the foregoing, if (i) the Term for a Vehicle is greater than forty-eight (48) months (including any extension of the Term for such Vehicle), (ii) the mileage on a Vehicle at the end of the Term is greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (iii) in the sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described in the two immediately preceding sentences shall be made without giving effect to clause (ii) in each such sentence. The “Book Value” of a Vehicle means the sum of (i) the “Delivered Price” of the Vehicle as set forth in the applicable Schedule minus (ii) the total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (iii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle. (d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to and recouped against any losses and/or damages suffered by Lessor as a result of Lessee’s breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor.
(e) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the “Default Rate”).

Initials: EFM________ Customer________
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(f) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate. (g) Lessee’s obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement. (h) In the event Lessor, Servicer or any other agent of Lessor arranges for rental vehicle(s) with a subsidiary or affiliate of Enterprise Holdings, Inc., Lessee shall be fully responsible for all obligations under any applicable rental agreement.

4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances (including without limitation such federal, state and local laws, statutes, rules, regulations and ordinances governing autonomous vehicles and automated driving systems and any parts, components and products related thereto) and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. In connection with autonomous vehicles and automated driving systems and the parts, components and products related thereto, Lessee agrees to comply with all applicable guidance and professional standards issued, released or published by governmental and quasi-governmental agencies, including without limitation the federal guidance for automated vehicles published by the Department of Transportation and the Federal Automated Vehicle Policy issued by the U.S. Department of Transportation and the National Highway Traffic Safety Administration. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer’s trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a “school bus” as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor’s written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro-rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor’s remedies with respect to Lessee’s failure to return any Vehicle as required hereunder.

5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, licensing, registration, delivery, purchase, sale, rental, and Lessee’s use or operation of the Vehicles. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same.

6. LICENSE AND CHARGES: Each Vehicle will be titled, registered and licensed in the name designated by Lessor at Lessee’s expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessorowned vehicle.

7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates, permits, inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee’s expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling, licensing and/or registration laws of such other state.

8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES:
(a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all manufacturer’s instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the Vehicles. Lessee will not make (or cause to be made) any alterations, upgrades, upfitting, additions or improvements (collectively, “Alterations”) to any Vehicle which (i) could impact or impair the “motor vehicle safety” (as defined by the Motor Vehicle Safety Act) of the Vehicle, or (ii) could impact, impair, void or render unenforceable the manufacturer’s warranty. Without the prior written consent of Lessor, Lessee will not make (or cause to be made) any Alterations to any Vehicle which (i) detracts, impairs, damages or alters the Vehicle’s nature, purpose, economic value, remaining useful life, functionality, utility, software or controls, or (ii) subjects the Vehicle or any part or component of such Vehicle to any lien, charge or encumbrance. Any Alterations of any nature to a Vehicle are made at Lessee’s sole cost, risk and liability, including without limitation, any such Alterations approved by, or made with the assistance or at the direction of Lessor. Any replacement parts added to any Vehicle shall be in at least as good an operating condition as the prior part before the replacement (assuming such part was, at the time of the replacement, in the condition required by the terms of this Agreement). Any Alterations to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle’s return pursuant to Section 4 and shall be free of any liens, charges or encumbrances; provided, however, Lessor shall have the right at any time to require Lessee to remove any such Alteration at Lessee’s sole cost, expense and liability. In no event or instance shall the value of any Alterations be regarded as rent. Lessee and Lessor acknowledges and agrees that Lessor will not be required to make any repairs, replacements or Alterations of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any Initials: EFM________ Customer________
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expenditure whatsoever in connection with any such Vehicle(s) or this Agreement. (b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no liability or responsibility for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s).

9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES:
(a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A SIZE, DESIGN,

CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE’S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE.
(b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE, INCLUDING,

WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED “AS IS,” “WITH ALL FAULTS.” All warranties made by any supplier, vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee’s only remedy, if any, is against the supplier, vendor or manufacturer of the Vehicle. (c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee. (d) In no event shall Lessor, Servicer or any other agent of Lessor or their respective affiliates be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of or relating to this Agreement, including, without limitation, any breach or performance of this Agreement, regardless of (i) whether such damages were foreseeable, (ii) whether or not Lessor, Servicer or any other agent of Lessor or their respective affiliates were advised of the possibility of such damages and/or (iii) the legal or equitable theory (contract, tort or otherwise) upon which a claim, action, cause of action, demand, lawsuit, arbitration, inquiry, proceeding or litigation is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever (“Casualty Occurrence”). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a “Totaled Vehicle”), Lessee agrees to pay Lessor no later than the date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle. Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle.

11. INSURANCE:
(a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability, and that Lessor will suffer immediate and irreparable harm if Lessee fails to comply with such obligations:
(i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No-Fault Protection where required by law) for the limits listed below (Note - $2,000,000 Combined Single Limit Bodily Injury and Property Damage per accident with No Deductible is required for each Vehicle capable of transporting more than 8 passengers):

State of Vehicle Registration
Connecticut, Massachusetts, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont
Florida
Coverage
$1,000,000 Combined Single Limit Bodily Injury and Property Damage per accident - No Deductible
$500,000 Combined Single Limit Bodily Injury and Property Damage per accident or $100,000 Bodily Injury Per Person Per Accident, $300,000 Per Accident and $50,000 Property Damage per accident (100/300/50) - No Deductible
$300,000 Combined Single Limit Bodily Injury and Property Damage Per Accident or $100,000 Bodily Injury Per Person Per Accident, $300,000 Per Accident and $50,000 Property Damage Per Accident (100/300/50) - No Deductible Initials: EFM________ Customer________
All Other States
PAGE 52 of 103
and $1,000 per accident - Comprehensive).

If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy must provide the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no act or default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is “primary coverage” for the protection of Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee’s attorney-in-fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee.

Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action. (b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a) for the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the “Vehicle” for purposes of this Agreement; and (ii) if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment, Lessor agrees that it will, at its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee’s expense. An adjustment will be made in monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing of the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice.

12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee’s breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Lessee and the foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to the law.

13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request.

14. DEFAULT; REMEDIES: The following shall constitute events of default (“Events of Default”) by Lessee under this Agreement: (a) if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee fails to perform, keep or observe any other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or Initials: EFM________ Customer________
(ii) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of $1,000 per accident - Collision PAGE 53 of 103
if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or if any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change in the financial condition, a going concern audit comment of Lessee or any guarantor, or if Lessee admits that it cannot pay its debts as they become due, makes an assignment for the benefit of creditors, is the subject of a voluntary or involuntary petition for bankruptcy, is adjudged insolvent or bankrupt, or a receiver or trustee is appointed for any portion of Lessee’s assets or property; (g) if more than one (1) payment by Lessee to Lessor is returned by Lessee’s bank for any reason within a twelve (12) month period; or (h) if Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or in favor of Lessor, Servicer of Lessor, or any direct or indirect subsidiary of Servicer of Lessor, Enterprise Holdings, Inc. or a subsidiary or affiliate of Enterprise Holdings, Inc.. For purposes of this Section 14, the term “guarantor” shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement.

Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor’s independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee’s default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys’ fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor’s rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee’s rights under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii) in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee’s obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee’s obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative.

15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee’s rights and interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason.

Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee’s interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor.

16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Without Lessor’s prior written consent, Lessee shall not use or include Lessor’s, Servicer’s, any other agent of Lessor’s names or trademarks orally or in writing in any media, customer lists or marketing materials. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee’s address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked “ORIGINAL” by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if more than one) are joint and several.

17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Missouri (determined without reference to conflict of law principles).

18. NON-PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all indebtedness Initials: EFM________ Customer________
PAGE 54 of 103
© 2023 Enterprise Fleet Management, Inc. 23_ENT_EFM_L01464_Gov Equity Form_Updated V2 Initials: EFM________ Customer________
of Lessor, it shall not institute against, or join any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of this Section 18 shall survive termination of this Master Equity Lease Agreement.

19. NON-APPROPRIATION: Lessee’s funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement).

IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written.

LESSEE: _______________________________________________________ Signature:________________________________________________________ By: _______________________________________________________ Title: _______________________________________________________ Address: _______________________________________________________ _______________________________________________________ _______________________________________________________ Date Signed:____________________________________, _________________ LESSOR: Enterprise FM Trust
By: Enterprise Fleet Management, Inc. its attorney in fact Signature: ___________________________________________________ By: ___________________________________________________ Title: ___________________________________________________ Address: ___________________________________________________ ___________________________________________________
___________________________________________________
Date Signed:____________________________________, ______________ John DiMichele Regional Sales Manager 1400 N. Kellogg Dr. Suite G Anaheim, CA 92807 PAGE 55 of 103

AGREEMENT TO SELL CUSTOMER VEHICLES
THIS AGREEMENT is entered into by and among the entities set forth on the attached Schedule 1 (hereinafter each an “Enterprise Entity” and collectively the “Enterprise Entities”) and Enterprise Fleet Management, Inc. (hereinafter referred to as “EFM”) (the “Enterprise Entities” and “EFM” shall collectively be referred to as “Enterprise”) on the one hand and ______________________________________ (hereinafter referred to as “CUSTOMER”), on the other hand on this _____ day of _____________, _________ (hereinafter referred to as the “Execution Date”).

RECITALS
A. Enterprise FM Trust and CUSTOMER have entered into an agreement whereby Customer has agreed to lease certain vehicles set forth in the agreement between Customer and Enterprise FM Trust; B. EFM is the servicer of the lease agreement between Enterprise FM Trust and Customer; C. Enterprise, from time to time, sells vehicles at wholesale auctions and other outlets; and D. The CUSTOMER and Enterprise wish to enter into an agreement whereby Enterprise will sell at wholesale, CUSTOMER’s vehicles set forth on Exhibit A, attached hereto and incorporated herein, as supplemented from time to time (collectively, the “Vehicles”).

NOW, THEREFORE, for and in consideration of the mutual promises and covenants hereinafter set forth, the parties agree as follows:

TERMS AND CONDITIONS

1. Right to Sell: Enterprise shall have the non-exclusive right to sell any Vehicles assigned to Enterprise by CUSTOMER, or under consignment from Customer to Enterprise, as the case may be dependent upon applicable law in the jurisdiction in which the Vehicle is to be sold. For Vehicles to be sold under assignment, Customer shall assign the title to Enterprise and deliver the assigned title to Enterprise with the Vehicle. For Vehicles to be sold under consignment, Customer shall execute a consignment agreement granting Enterprise power in any and all matters pertaining to the transfer of Vehicle titles and any papers necessary thereto on behalf of CUSTOMER.

2. Additional Documentation: Where necessary, CUSTOMER shall execute any and all additional documentation, required to effectuate the sale of Vehicle(s).

3. Service Fee: For each Vehicle sold, the CUSTOMER shall pay Enterprise an administrative fee of the lesser of $__________ or the maximum permitted by law (“Service Fee”).

4. Sales Process: Enterprise shall use reasonable efforts in its sole discretion to sell each Vehicle. CUSTOMER may, at its discretion, place a Minimum Bid or Bid to be Approved (BTBA) on any Vehicle by providing prior written notification to Enterprise. Enterprise shall have full discretion to accept any bid at or above the designated minimum bid or BTBA. Absent any such minimum bid or BTBA, Enterprise shall have full discretion to accept any bid on a Vehicle.

5. Time for Payment:
(a) No later than twenty-one (21) business days after the collection of funds by Enterprise for the sale of a Vehicle, Enterprise will remit to the CUSTOMER an amount equal to the Vehicle sale price minus any seller fees, auction fees, Service Fees, towing costs, title service fees, enhancement fees and any expenses incurred by Enterprise while selling Vehicle, regardless of whether the purchaser pays for the Vehicle.
(b) Enterprise’s obligations pursuant to Section 5(a) shall not apply to Vehicle sales involving mistakes or inadvertences in the sales process where Enterprise reasonably believes in its sole discretion that fairness to the buyer or seller justifies the cancellation or reversal of the sale. If Enterprise has already remitted payment to CUSTOMER pursuant to Section 5(a) prior to the sale being reversed or cancelled, CUSTOMER agrees to reimburse Enterprise said payment in full. Enterprise will then re-list the Vehicle and pay CUSTOMER in accordance with this Section 5. Examples of mistakes or inadvertences include, but are not limited, to Vehicles sold using inaccurate or incomplete vehicle or title descriptions and bids entered erroneously. 2024
PAGE 56 of 103

6. Indemnification and Hold Harmless: Except as otherwise provided herein, CUSTOMER agrees to indemnify, defend and hold EFM and each Enterprise Entity and their parents and affiliated entities, employees and agents harmless to the extent any loss, damage, or liability arises from EFM or any Enterprise Entity’s use or operation of a vehicle and for the negligence or willful misconduct of Customer, its agents or employees, and for its breach of any term of this Agreement. The parties’ obligations under this section shall survive termination of this Agreement.

7. Risk of Loss: Notwithstanding anything to the contrary hereunder, CUSTOMER shall assume all risk of loss for damage to or loss of any Vehicle or any part or accessory regardless of fault or negligence of CUSTOMER, Enterprise, EFM or any other person or entity or act of God.

8. Liens, Judgments, Titles and Defects: CUSTOMER represents and warrants it holds full legal title to each such Vehicle, title to each such Vehicle is clean and not subject to being branded for any reason, or requires any form of additional disclosure to a purchaser and that there are no open recalls on each such Vehicle. CUSTOMER shall defend, indemnify and hold Enterprise, EFM, their parents, employees and agents harmless from and against any and all claims, expenses (including reasonable attorney’s fees), suits and demands arising out of, based upon, or resulting from any judgments, liens or citations that were placed on the Vehicle, defects in the Vehicle’s title, or mechanical or design defects in the Vehicle.

9. Odometer: Neither EFM nor Enterprise assume responsibility for the correctness of the odometer reading on any Vehicle and the CUSTOMER shall defend, indemnify and hold EFM, Enterprise, their parents, employees and agents harmless from and against any and all claims, expenses (including reasonable attorney’s fees), suits and demands arising out of, based upon or resulting from inaccuracy of the odometer reading on any Vehicle or any odometer statement prepared in connection with the sale of any Vehicle, unless such inaccuracy is caused by EFM, Enterprise, their employees or officers.

10. Bankruptcy: Subject to applicable law, in the event of the filing by CUSTOMER of a petition in bankruptcy or an involuntary assignment of its assets for the benefit of creditors, EFM or Enterprise may accumulate sales proceeds from the sale of all Vehicles and deduct seller fees, auction fees, Service Fees, towing costs, title service fees, enhancement fees and any expenses incurred by EFM or Enterprise while selling Vehicle from said funds. EFM or Enterprise will thereafter remit to CUSTOMER the net proceeds of said accumulated sales proceeds, if any.

11. Compliance with Laws: EFM, Enterprise and CUSTOMER shall comply with all federal, state, and local laws, regulations, ordinances, and statutes, including those of any state motor vehicle departments, department of insurance, and the Federal Odometer Act.

12. Insurance: CUSTOMER shall maintain and provide proof of Automobile Liability Insurance until the later of title transfer to purchaser of Vehicle or transfer of sales proceeds to Customer covering liability arising out of maintenance, use or operation of any Vehicle (owned, hired and non-owned) under this Agreement, with limits of not less than one million dollars ($1,000,000) per occurrence for bodily injury and property damage. EFM, Enterprise, and their subsidiaries and affiliates are to be named as Additional Insureds. This insurance shall be written as a primary policy and not contributing with any insurance coverage or self-insurance or other means of owner’s financial responsibility applicable to EFM or Enterprise. CUSTOMER must waive and must require that its insurer waive its right of subrogation against EFM and Enterprise and their affiliates, employees, successors and permitted assigns on account of any and all claims CUSTOMER may have against EFM or Enterprise with respect to insurance actually carried or required to be carried pursuant to this Agreement.

13. Term: This agreement is effective on the Execution Date and shall continue until such time as either party shall notify the other party with thirty (30) days prior written notice to terminate the Agreement with or without cause.

14. Modification: No modification, amendment or waiver of this Agreement or any of its provisions shall be binding unless in writing and duly signed by the parties hereto.

15. Entire Agreement: This Agreement constitutes the entire Agreement between the parties and supersedes all previous agreements, promises, representations, understandings, and negotiations, whether written or oral, with respect to the subject matter hereto.

16. Liability Limit: EXCEPT TO THE EXTENT A PARTY HERETO BECOMES LIABLE FOR ANY DAMAGES OF THE TYPES DESCRIBED BELOW TO A

THIRD PARTY AS A RESULT OF A THIRD PARTY CLAIM AND SUCH PARTY IS ENTITLED TO INDEMNIFICATION WITH RESPECT THERETO UNDER

THE PROVISIONS OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY HEREUNDER BE LIABLE TO OTHER PARTY FOR ANY SPECIAL,

INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL,

LOSS OF PROFITS OR REVENUES, LOSS OF SAVINGS AND/OR INTERRUPTIONS OF BUSINESS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Attorney’s Fees: In the event that a party hereto institutes any action or proceeding to enforce the provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party reasonable attorney’s fees and costs for legal services rendered to the prevailing party.

PAGE 57 of 103

18. Authorization: Each party represents and warrants to the other party that the person signing this Agreement on behalf of such party is duly authorized to bind such party.

19. Independent Contractor: EFM and Enterprise shall perform the services hereunder as an independent contractor of Customer and no term of this Agreement shall be deemed or construed to render CUSTOMER and EFM or Enterprise as joint venturers or partners.

20. Unsold Vehicles: Should such Vehicle not sell, Customer shall pick up Vehicle within five (5) business days of being provided notice that the Vehicle has not been sold and, for Vehicles assigned to Enterprise by Customer, Enterprise shall assign title back to CUSTOMER. “ENTERPRISE”
Signature: ______________________________________
Printed Name: ______________________________________
Title: ______________________________________
Date Signed: _______________________, ___________
“CUSTOMER”
Signature: ______________________________________
Printed Name: ______________________________________
Title: ______________________________________
Date Signed: _______________________, ___________
Schedule 1
Enterprise Leasing Company of STL, LLC
Enterprise Leasing Company of Georgia, LLC
Enterprise Leasing Company of Florida, LLC
Enterprise Leasing Company of KS LLC
EAN Holdings, LLC
Enterprise Leasing Company of Orlando, LLC
Enterprise Leasing Company of Indianapolis, LLC
Enterprise Rent-A-Car Company of Boston, LLC
Enterprise Leasing Company of Denver, LLC
Enterprise Leasing Company of Chicago, LLC
Enterprise RAC Company of Maryland, LLC
Enterprise Leasing Company of Philadelphia, LLC
Enterprise RAC Company of Baltimore, LLC
Enterprise Leasing Company of Minnesota, LLC
Enterprise Leasing Company of Detroit, LLC
Enterprise Leasing Co of Norfolk/ Richmond, LLC
Enterprise Rent-A-Car Co of San Francisco, LLC

ELRAC, LLC

SNORAC, LLC
Enterprise Rent-A-Car Company of Sacramento, LLC
Enterprise Rent-A-Car Company of Los Angeles, LLC
Enterprise RAC Company of Cincinnati, LLC

CLERAC, LLC
Enterprise Rent-A-Car Company of Pittsburgh, LLC
Enterprise Rent-A-Car Company of Wisconsin, LLC
Enterprise Rent-A-Car Company of UT, LLC

CAMRAC, LLC
Enterprise Rent-A-Car Company of Rhode Island, LLC
Enterprise Leasing Company of Phoenix, LLC
Enterprise Leasing Company- Southeast, LLC
Enterprise Leasing Company- West, LLC
Enterprise Leasing Company- South Central, LLC

PENRAC, LLC
Enterprise Rent-A-Car Company of KY, LLC
Enterprise Rent-A-Car Company - Midwest, LLC
Enterprise RAC Company of Montana/Wyoming, LLC
John DiMichele Regional Sales Manager
PAGE 58 of 103
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Mario Rueda, Fire Chief
DATE: June 28, 2024
SUBJECT: AMENDMENT TO THE AGREEMENT BETWEEN LOS

ANGELES COUNTY AND THE CITY OF SAN MARINO FOR

PARAMEDIC SERVICES

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

BACKGROUND
Since 1992, the San Marino Fire Department has participated in an Automatic Aid agreement with Los Angeles County Fire Department along the City’s eastern border. The agreement was developed to assist both fire jurisdictions with additional fire and paramedic resources during major emergency incidents or if simultaneous incidents created gaps in service. The San Marino Fire Department (SMFD) has had an excellent relationship with Los Angeles County Fire Department (LACFD) under this agreement.

In 2017, the Fire Department conducted a review of all of the department’s agreements and concluded that this specific agreement had become unbalanced; SMFD’s Rescue Ambulance was responding into the Los Angeles County jurisdiction at a significantly higher rate and not receiving reciprocal response as in previous years. This imbalance was corrected with the Agreement by and between the Consolidated Fire Protection District of Los Angeles County and the City of San Marino for Paramedic Services, approved at the January 17, 2017, meeting of the San Marino City Council, and effective April 1, 2017. The City of San Marino is the first and only jurisdiction to have Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
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an agreement with Los Angeles County for the reimbursement of paramedic response.

DISCUSSION
In 2023, the San Marino Fire Department again conducted a review of the Department’s agreements with our neighboring jurisdictions. The Department review concluded that the 2017 agreement was not adequately addressing the responses in which San Marino Fire Department resources were canceled by LACFD prior to SMFD arrival on scene. The SMFD was canceled by LACFD resources 52% of the time. In these instances, the 2017 agreement did not adequately provide for reimbursement for these responses.

The 2024 amendment to the Agreement covers all costs of San Marino Fire Department personnel, vehicle mileage, dispatching fees, and any medical equipment used during incident response into LACFD’s jurisdiction, including cancelations prior to the SMFD’s arrival on scene. The amended agreement would not change any other mutual aid response the City of San Marino maintains with our neighboring cities.

The San Marino Municipal Code, Chapter 4, Article 2 codifies the creation of a San Marino Disaster Council for the purpose of developing and recommending for adoption by the City Council, mutual aid plans and agreements and the City’s Emergency Operations Plan. The Disaster Council consists of the Director of Emergency Services (City Manager Eskandar) as the chair; two members of the City Council appointed by the Mayor, Councilmember Talt (primary delegate) and Mayor Huang (alternate delegate); and representatives from the City’s Fire and Police Departments that were appointed by the City Manager, Fire Chief Rueda and Chief of Police Incontro.

The Disaster Council and the Public Safety Commission have reviewed the 2024 amendment to the Agreement and recommended its approval without comment.

FISCAL IMPACT & PROCUREMENT REVIEW
The amended agreement provides additional and permanent cost recovery revenue of $552 per paramedic incident when San Marino paramedics respond into Los Angeles County Fire Department’s jurisdiction, whether a patient care report is generated or not. Incidents in which the Fire Department’s AutoPulse Resuscitation Device is deployed would be billed at a per incident rate of $1,220. Based on 2023 call volume, revenue is estimated to increase from $35,949 to $76,866 annually. The per incident rate may be adjusted each year to reflect the current rate for the City’s paramedic services.

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Original Agreement Per
Incident Rates (as of 2024)
Amended Agreement
Per Incident Rates
Dispatch no Treatment 84.18 552.16
Patient Treatment 454.95 552.16
Cardiac Arrest Incident N/A 1220.92

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

RECOMMENDATION
Staff recommends the Council approve the amended agreement between the City of San Marino and Los Angeles County Fire Department. If the City Council concurs with staff’s recommendation an appropriate motion would be:
”I move to approve Amendment Number One to the Agreement by and Between the Consolidated Fire Protection District of Los Angeles County and the City of San Marino for Paramedic Services and authorize the City Manager to execute the agreement on behalf of the City.”

ATTACHMENTS

1. Los Angeles County Paramedic Agreement

2. Amendment Number One to the Agreement
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AMENDMENT NUMBER ONE TO THE AGREEMENT

BY AND BETWEEN THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS

ANGELES COUNTY AND THE CITY OF SAN MARINO FOR PARAMEDIC SERVICES This Amendment Number One is made and entered into this _____ day of _____________, 2024, by and between the Consolidated Fire Protection District of Los Angeles, hereinafter referred to as the “FIRE DISTRICT” and the City of San Marino, hereinafter referred to as the “CITY”.

RECITALS
WHEREAS, the FIRE DISTRICT and the CITY entered into an Agreement (Agreement No. 78638) on March 21, 2017, for the CITY to provide emergency medical services to the FIRE DISTRICT on a reimbursable basis; and
WHEREAS, the FIRE DISTRICT and the CITY mutually desire to amend the Agreement to modify terms related to the Payment; and
WHEREAS, Amendment Number One is authorized by the Board of Supervisors of the County of Los Angeles on March 21, 2017, to make future modifications to the Agreement.

NOW, THEREFORE, IN CONSIDERATION of the promises, covenants, representations, and agreements set forth herein, the parties mutually agree as follows:

SECTION III. PAYMENT:

1. Paragraph A, the paragraph shall be deleted and replaced with the following:

CITY shall be compensated for the dispatch of paramedic services provided to the FIRE DISTRICT AREA, whether medical aid was rendered or not, at a rate of $552.16 per incident effective January 1, 2024.

2. Paragraph B, the paragraph shall be deleted and replaced with the following:

CITY shall be compensated for the dispatch of paramedic services provided to the FIRE DISTRICT AREA which includes an additional Advance Life Support (ALS) Cardiac Arrest Bundle for cardiac incidents when Autopulse resuscitation device PAGE 69 of 103
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(Autopulse) is deployed at a rate of $1,220.92 effective January 1, 2024.

3. Paragraph D, the third sentence shall be deleted and replaced with the following:

Documentation shall indicate whether the incident will be billed at the per incident rate or the AutoPulse rate.

4. Paragraph E, the first and second sentences shall be deleted and replaced with the following: The per incident rate and the Autopulse deployed rate shall be adjusted each year to reflect the current rate for the CITY’s paramedic services. No later than October 31 of each year, CITY shall notify the FIRE DISTRICT of the CITY’s per incident rate and the Autopulse deployed rate for the then current calendar year in writing, and the CITY’s billing submitted by March 31 to the FIRE DISTRICT will reflect the adjusted rates for the closing calendar year (for example, rates submitted to the FIRE DISTRICT in October 2023 will be used to invoice the FIRE DISTRICT in March 2024 for the 2023 calendar year).

5. All other terms and conditions of the Agreement shall remain the same and in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers on the date first written above.

CITY OF SAN MARINO CONSOLIDATED FIRE PROTECTION

DISTRICT OF LOS ANGELES COUNTY
By ______________________________ By
M.D. Rueda, Fire Chief Anthony C. Marrone, Fire Chief
DATE ___________________________ DATE
APPROVED AS TO FORM: APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By _____________________________ By ______________________________ City Attorney Senior Deputy
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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Mario Rueda, Fire Chief
DATE: June 28, 2024
SUBJECT: FIRE MANAGEMENT SHARED SERVICES AGREEMENT
REVIEW (JULY 2021 TO JUNE 2024)

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

BACKGROUND
In 2017, the Cities of South Pasadena and San Marino agreed to a Fire Management Shared Services Agreement (Agreement) that provided an innovative and economical solution to providing administrative and command supervision for the two adjacent Cities with nearly identical fire department organization and make-up. This Agreement became necessary when the Three City Agreement which also included the City of San Gabriel was not renewed by the three Cities. The objective of the new Agreement was to provide a cost-effective method to fulfill 24-hours a day, 365 days a year, administrative and emergency supervision of the on-duty fire department personnel of both Cities by one of the three on-duty Division Chiefs. The transition to this shared staffing model was achieved with very few significant obstacles. The Agreement has met the initial objectives of 24-hour Chief Officer supervision, excellent service to residents of both Cities and providing reduced costs.

The current Agreement is effective until such time that it is terminated by one or both parties.

Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
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DISCUSSION
Under the conditions of this Agreement, there is one Division Chief Position shared between the two Cities, with each City retaining its own Fire Chief and Division Chief. The Dedicated Division Chief of each City and the Shared Division Chief are responsible for providing oversight and supervision of daily operations including emergency response, on-scene command and control, and additional duties as assigned for both agencies. Fire Department industry standards require that a Division Chief supervisory position is staffed at all times, as this position assumes command of major incidents. These duties include:
• Responsibility for 24-hour emergency response, directing emergency activities to achieve the safest and most effective response efforts; • Responsibility for the efficient and effective performance of fire personnel, cleanliness of quarters, and for the operation of all fire apparatus and equipment;
• Attend and conduct shift and officer meetings as needed; • Receives and responds to inquiries and requests for information from residents, providing assistance and taking appropriate action to resolve problems involving the fire department;
• Responds to the San Gabriel Valley area cities automatic and mutual aid requests;
In addition, the Shared Division Chief is specifically assigned the following duties:
• Oversight and delivery of training to firefighter personnel from both Cities;
• Scheduling of emergency medical services Continuing Education Program;
• Supervision of personnel certification documentation; • Management of promotional exams for both Cities;
• Representation at Verdugo Task Force and Area “C” Certifications meetings;
• Coordinates multi-company drills with outside agencies. • Manages the training calendar and oversight of the Alhambra Training Center for both fire departments.

Management and Administrative Effectiveness
The effectiveness of this shared program has met the industry standards for fire department oversight and supervision. Challenges that were initially anticipated were addressed to ensure the success of the program. The PAGE 73 of 103
workload was distributed equally among the Command Staff to address the specific needs of each City, with the continued goal of reducing duplicated efforts.

Some of the measures developed to ensure the effectiveness of the agreement include:
• Division Chiefs regularly conduct monthly meetings with subordinates to ensure personnel were well-informed, and consistent in policy application.
• Division Chiefs have developed a working knowledge of both City’s policies, procedures, MOU’s and practices.
• Division Chiefs have developed a working relationship with the executive staffs from both jurisdictions.
• Division Chiefs and Administrative Staff have ensured billing accuracy through an agreed upon invoicing system and consistent audits of invoice submittals.
• Division Chiefs and Administrative Staff have ensured compliance with personnel and administrative practices of both Cities.

Operational Effectiveness
In the area of operational effectiveness, the Shared Agreement has provided for the development of a common command structure which has improved emergency operations for both Cities. The current structure allows for seamless command and control over the three shift platoons of firefighters. The current model allows each Fire Chief the ability to complete near and long-range goals for service enhancements, while relying on the Division Chiefs to carry out the day-to-day operations.

Success in operations include:
• Development of standard operating guidelines to increase safety and operational effectiveness;
• Adoption of state-wide guidelines to ensure effective seamless emergency operations;
• Common terminology during emergency operations;
• Developed regular simulation training for Officers;
• Developed an annual training plan that ensures compliance with industry standards;
• Developed training for the Driver Operators of both Cities; • Developed common emergency and training reporting systems.

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FISCAL IMPACT & PROCUREMENT REVIEW
A total of three Division Chiefs are required to provide 24 hour/ 7 days a week/ 365 days a year supervision for the two Cities. Without this Agreement, the cost of three (3) exclusive San Marino Division Chiefs would be significantly higher. Under the current Agreement, each City retained its own Division Chief and its own Fire Chief and share one (1) Division Chief. The shared Division Chief is identified as the Shared Command Position. Since the signing of the 2017 Agreement, the two cities have shared the cost of one (1) Division Chief.

The table below illustrates the San Marino Fire Department’s budget under the Shared Agreement versus the estimated costs associated with exclusive use San Marino Division Chiefs.

Shared Agreement with
South Pasadena (1.5 FTE*)
Estimated Division Chief
Cost (3 FTE)
FY 21-22 $347,684 $695,367
FY 22-23 $370,250 $740,499
FY 23-24 $421,200 $842,400
*Full Time Equivalent Positions
Procurement review is not applicable.

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

RECOMMENDATION
Staff recommends the Council receive and file this report. If the Council concurs with staff’s recommendation, an appropriate motion would be:
”I move to receive and file the review of the Fire Management Shared Services Agreement for the period of July 2021 to June 2024.”

ATTACHMENTS

1. South Pasadena Shared Agreement
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South Pasadena
Contract No. 2019-10-003

COOPERATIVE AGREEMENT BETWEEN THE CITIES OF SOUTH PASADENA

AND SAN MARINO FOR SHARING OF FIRE DEPARTMENT COMMAND STAFF (DIVISION CHIEF)
THIS AGREEMENT is made and entered into this July 20, 2017 ("Effective Date"), by and between the CITY OF SAN MARINO, a municipal corporation, hereinafter referred to as "San Marino," and the CITY OF SOUTH PASADENA, a municipal corporation, hereinafter referred to as "South Pasadena." San Marino and South Pasadena may be referred to in this Agreement individually as a "City" or "Party" and jointly as "Cities" or "Parties".

RECITALS:

WHEREAS, the Cities each maintain their own all-risk municipal fire departments; and WHEREAS, the Cities now wish to share their fire department command resources to enhance service capabilities, promote efficiency, and preserve seamless response among the two Cities.

NOW, THEREFORE, San Marino and South Pasadena agree as follows:

A. Terms
I. Term and Termination: The term of this Agreement shall commence on the Effective Date set forth above and continue until terminated by the Parties. Any Party may terminate this Agreement without cause by providing not less than six ( 6) months prior written notice of its intent to terminate. This Agreement may be terminated at any time upon agreement of all Parties.

2. Periodic Evaluation: In every third year following the effective date of this Agreement, the City Managers of the respective Cities shall prepare a written evaluation concerning the operation of this Agreement, which may include any recommendations that the Parties would make to improve operations. Said report shall be provided to the City Council of each City for consideration by July I st of every third year. A City may update its own City Council more frequently if it so desires.

B. Shared Command Position
I. The Parties agree to share the following fire department command position ("Shared Command Position") subject to the implementation timeline, terms, and conditions contained in this Agreement:

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Position Total No. of Shared Positions
Division Chief I
The Parties desire to accomplish the implementation of the Shared Command Position without any layoffs, demotions, or loss of pay to the affected employees of the two fire departments.

2. Currently, there is a total of one (I) Shared Command Position among the two Cities ("Shared Division Chief'). Upon the Effective Date of this Agreement, the management, administrative, and command duties of both fire departments will be distributed amongst all the Division Chief Positions so that a highly efficient and effective team will be created. During the term of the agreement, each city agrees to employ a minimum of one Division Chief Position ("Dedicated Division Chief(s)") and a position serving in the role of Fire Chief. The third Division Chief will be identified as the Shared Division Chief. The Dedicated Division Chief and Shared Division Chief positions will be responsible for providing leadership and hands-on management of daily operations of the emergency response resources, on-scene fire suppression and incident command.

Additional examples of duties include:
• Responsible for 24-hour emergency response, directing the activities of fire personnel and equipment to achieve the most effective fire suppression; • Assumes responsibility for the efficient performance of companies, cleanliness of quarters, and for the operation of all fire apparatus and equipment; • Attends and conducts meetings as required;
• Receives and responds to inquiries and requests for information, providing assistance and taking appropriate action to resolve problems.

3. The Fire Chief of each City, in consultation with the City Managers of both Cities, will have sole discretion in the assignment and responsibilities within the Shared Command Position of the two fire departments. The assignments and responsibilities of the Shared Division Chief could include, but not be limited to:
• Management and delivery of training for both Cities;
• Scheduling of EMS Continuous Education;
• Management of CICCS documentation;
• Provide oversight for promotional exams;
• Representation at Verdugo Task Force and Area C Disaster Management meetings.
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4. Nothing in this Agreement shall alter the employment status of the employee serving as the Shared Division Chief, in that employees of San Marino and South Pasadena shall remain solely employed by their respective Cities, and shall not be deemed employees of any other City.

5. If the Dedicated Division Chiefs position of a City becomes vacant, the Shared Division Chief, if from that City, would then be reassigned to the vacant Dedicated Division Chief position for their represented City. Filling of the Shared Command Position will be accomplished by a competitive testing process that will be open to qualified employees from both Cities, subject to provision 6. In every case when there are two Division Chiefs in the Command Staff, one Dedicated Division Chief, and one Shared Division Chief from the same City, and there is a vacancy in the other City's dedicated position, then that will be filled with that represented City's personnel.

6. In the event there are no qualified candidates from either city, an open compet1t1ve testing process will be conducted. If an individual is selected and hired from the open testing process, they will become an employee of the city from which the vacancy was created. If this process is repeated and a replacement for the shared position is selected from another open testing process, the employment relationship of that individual would be switched and the individual would become an employee of the other city. Final selection for the position will be made by the Fire Chiefs of both Cities, with consultation by both City Managers. If at any time the position becomes vacant due to separation of employment during the term of this Agreement, The same process of filling the position will apply.

7. In the event the Shared Division Chief is placed off duty for an extended amount of time, the two Fire Chiefs, in consultation with the City Managers, will give consideration to back filling the position with an "acting" Shared Division Chief. Upon the processing of an approved Personnel Action Form, the cost of the "acting" Shared Division Chief, as well as the associated backfilling costs of the Captain, would be shared pursuant to section (F) of this agreement.

8. Each City will be solely responsible for the selection and filling of their own Fire Chief and non-shared Division Chief Positions.

C. Governance
I. The San Marino and South Pasadena City Councils will retain all policy-making authority for their respective Cities, including approval of the annual budget for their fire departments.
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2. The Fire Chief of both Cities shall have all the power and authority that is vested in that position, as defined by each City in its municipal code and/or rules, regulations, and policies.

D. Policies and Procedures
I. Each City shall retain the current personnel and operational policies and procedures contained in its respective fire department policy manual, memorandums of understanding (MOU's), and personnel rules.

2. Each City shall retain sole discretion over its fire department station and company configurations and deployment strategies. The Fire Chief of each City may recommend operational modifications to their respective City; however, each City shall have the authority to make its own future budget and deployment decisions during the term of this Agreement.

3. As part of this Agreement, each City agrees to retain its current contract with the Verdugo Fire Communications Center, which shall continue to dispatch each City's respective fire units using existing policies, protocols, and contracts.

4. The Division Chiefs shall comply with all policies and procedures for both fire departments under their command.

5. The final authority for determination of merit increases, promotion, and discipline of the Shared Division Chief and other employee relation matters incidental to the performance of services by the Shared Division Chief shall remain with the employing City. In the event an employment matter causes a monetary increase or a change in the working conditions of the Shared Division Chief, the employing City Manager will consult with the City Manager from the other City.

6. Any and all property acquired under and pursuant to this Agreement by any City, whether by government grant funds or otherwise, shall be and at all times remain the property of that City without any division or distribution thereof upon termination of this Agreement, except as otherwise agreed upon in writing.

7. The Headquarters and normal housing of the Battalion 9 Chiefs will be at Fire Station

91. E. Salaries and Benefits
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I. The Cities recognize that the salaries and benefits for the Division Chiefs Positions differ among the two fire departments. San Marino and South Pasadena will retain sole discretion over the salary and benefit schedules for their respective employees during the term of this Agreement.

F. Shared Costs of Services
I. San Marino and South Pasadena shall each be responsible for 50% of the mutually agreed upon shared costs of services for the Shared Division Chief.

2. Each City shall pay its own employee in the Shared Command Position through its normal payroll process. Additionally, each City shall provide benefits and training to its own employee in the Shared Command Position through its normal processes. I

3. Only those costs related to the Shared Command Position that are a part of the Shared Command structure shall be shared costs for services under this Agreement.

4. On a quarterly basis, commencing July 20, 2017, the City whose employee is assigned the Shared Command Position shall itemize its shared costs as defined in Section F, paragraph 5, below, and shall provide to the other City an itemized invoice for the appropriate portion of the shared costs of services. The City being billed shall provide payment of the invoiced amount within thirty (30) calendar days of receipt of the invoice.

5. The shared costs of service shall include the following:
i) Salary costs of the Shared Command Position shall include: regular salary (including extra hours worked), special assignment pay, administrative leave, vacation leave, holiday pay, uniform allowance, sick leave, longevity pay, and other personnel costs agreed to by the Cities. The Shared Division Chief position is an exempt position which is not entitled to overtime pay; additional hours worked will be compensated at straight time.
ii) Conversion of compensatory time, sick leave, or vacation leave to cash for those hours earned during the term of this Agreement, subject to personnel rules applicable to each Party.
iii) Payment to CalPERS and Medicare for compensation earned by the Shared Command Position during the quarter.
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iv) City cafeteria plan contributions or premium payments for medical insurance, dental insurance, vision insurance, long-term disability insurance, life and accidental death or disability insurance and employee assistance coverage afforded to the employee in the shared command position during the quarter.
v) City costs for memberships, conferences, seminars, and training of the employee in the shared command position.
vi) Verdugo Dispatch fees for Battalion 9 emergency responses. vii) Vehicle maintenance and operation costs for city owned command vehicle (BC9) assigned to the Shared Division Chiefs position.
(a) Command vehicle at the current IRS rate (24hr Emergency Response). (b) Replacement of Command Vehicle: The City of San Marino will facilitate the purchase of the initial command vehicle. The City of South Pasadena will make lease payments back to San Marino at a rate of 50% of the total cost of the vehicle amortized over a five (5) year period and paid on a quarterly basis. When a subsequent replacement command vehicle is needed, South Pasadena will facilitate the purchase and San Marino will make lease payments at the identified rate.
viii) Payments made by the employing City for approved training expenses for the Shared Command Position.
ix) General liability and worker's compensation insurance coverage costs.

6. The shared costs of services shall exclude:
i) City contributions to Retirement Health Savings Plans and wellness programs. ii) Payments made to employees as monthly vehicle allowances. iii) Accrued leave upon separation of employment.

7. If any shared costs of services are reimbursed from another source, such reimbursement shall be credited to both Cities based on the agreed proportionate shares set forth in Section F, paragraph I, above.
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8. By May I st of each year this Agreement is in effect, the Fire Chief of each City will provide to their City Manager a projected budget of the shared costs of services, as set forth in this Agreement, for the next fiscal year. This proposed budget shall be prepared in consultation with the Finance Director of each City.

9. Either City may request a comprehensive year-end audit to verify the validity of all billings for services to be shared by the Cities. The cost for the audit shall be shared equally among the Cities. A copy of the audit shall be provided to each City.

I 0. The City Managers of each City shall come together, in person or otherwise, in January and June, to discuss the performance of this Agreement and to evaluate the cost sharing as it relates to overtime and make necessary adjustments to the contract if needed.

G. Liability and Insurance Provisions
I. Each City shall obtain and maintain workers compensation coverage for its own employee serving in the Shared Command Position. Such coverage shall encompass the entire scope of duties of each employee to be performed hereunder, including shared services to be performed by any employee, as required by this Agreement. It is the intent of the Parties that both Cities secure workers compensation coverage pursuant to Labor Code Section 3602(d). Each City may self-insure to these limits of coverage.

Notwithstanding the provisions of Section G, Paragraph 5, below, each City shall indemnify, defend, and hold harmless each other City regarding any claims or suits by the first City's employees for injuries arising from the performance of services under this Agreement.

2. Each City shall obtain and maintain insurance coverage to replace or repair its own fire department equipment and facilities. Such insurance coverage shall be maintained in accordance with each City's own policies and procedures, and no City shall be responsible for any property loss of another City. Each City may self-insure to satisfy the requirements of this subsection.

3. Each City shall maintain automobile liability coverage and comprehensive general liability insurance, including employment practices coverage, in a mutually acceptable form, covering all services provided pursuant to this Agreement, with applicable single limits of at least $20,000,000 per occurrence, which policy(ies) shall name the other City, and their respective elected officials, officers, employees and volunteers, as additional insureds. Each City may self-insure to satisfy the requirements of this subsection. 7 PAGE 82 of 103

4. Upon request, each City shall provide the other with evidence of coverage to fulfill its insurance obligations under this Agreement, and shall promptly notify each other City of any change of coverage, terms, limits or providers. Each City waives the right of subrogation against the other City.

5. To the fullest extent permitted by law, each City ("Indemnifying Party") expressly agrees to defend, indemnify and hold harmless the other City and their respective elected officials, officers, agents, employees, and volunteers ("Indemnified Party or Parties") from any and all liability, loss or damage that the Indemnified Party or Parties may suffer as a result of claims, demands, actions, or damages to any and all persons or property, or costs or judgments against the Indemnified Party or Parties which result from, arise out of, or are in any way connected to the acts or omissions of the Indemnifying Party, its elected officials, officers, employees, or volunteers, in the performance of this Agreement.

6. Each City shall promptly notify the other City of any and all claims or actions for which it seeks indemnification, defense and/or liability insurance coverage pursuant to this Agreement. The provisions of Section G, paragraph 5, above, shall survive the termination or expiration of this Agreement.

H. Representatives' Authority; Notices.

I. Each Party's representative for purposes of administration of this Agreement, including provision of consent or approval where permitted or required, shall be its City Manager and/or designee thereof. The Parties recognize that from time to time, it may be necessary to amend the operational specifics authorized by this Agreement.

2. Any notice required or permitted to be given or served pursuant to this Agreement, shall be effected by personally delivery of the same, as follows:

To South Pasadena:

City of South Pasadena
1414 Mission Street, South Pasadena, CA 91030
Attention: City Manager
To San Marino:

City of San Marino
2200 Huntington Drive, San Marino, CA 91 I 08
Attention: City Manager
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3. Service of the notice shall be effective immediately upon delivery during normal business hours. The foregoing addresses for notice may be modified by any Party giving written notice of such modification to the other Party calling specific attention to this Agreement.

I. Employment Relationship with Parties
I. No officer or employee of either City shall for any purpose be deemed to be an employee of the other City, and no officer or employee of any City shall be entitled to participate in any insurance, medical care, vacation, sick leave or other benefits provided to the other City's officers or employees. No officer or employee of any City shall have any power to incur any debt, obligation, or liability on behalf of the other City or otherwise act on behalf of the other City as an agent, except to the extent expressly provided herein.

J. General Provisions.

I. No Effect on Mutual Aid/Response Agreements: It is expressly understood and agreed that all fire departments will also be operating under the State of California's Master Mutual Aid agreement and the Area C Unified Response agreement. This Agreement is not intended to modify the terms of those agreements in any way.

2. No Waiver: No delay or omission in exercising any right or remedy pursuant to this Agreement shall impair such right or remedy or be construed as a waiver thereof. All rights and remedies pursuant to this Agreement shall be cumulative, except with respect to any right or remedy expressly stated to be exclusive.

3. Compliance with All Laws: All Parties shall comply with all applicable local ordinances, and State and Federal statutes, laws and regulations, including, but not limited to, laws governing conflicts, at all times during their performance of this Agreement.

4. No Third Party Beneficiary: It is the Parties' intent that nothing in this Agreement shall create any third party beneficiary rights.

5. Force Majeure: No Party shall be considered to be in default in the performance of any material obligation under this Agreement when a failure of performance shall be due to a Force Majeure event. A Force Majeure event shall mean any cause beyond the reasonable control of the affected Party and which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which it has been unable to overcome. No Party shall be relieved of its obligation to perform if such failure is due to 9 PAGE 84 of 103
causes arising out of its own negligence or due to matters under its control which it fails to remedy within a reasonable time period. Any Party rendered unable to fulfill any of its obligations under this Agreement by reason of a Force Majeure event shall give prompt written notice of such fact to the other Party. During such period, all Parties shall cooperate to ensure that critical services are maintained, while the affected Party shall diligently work to restore its services required by this Agreement.

6. Severability: In the event that any clause or provision of this Agreement or any part thereof becomes or shall be declared by a court of competent jurisdiction invalid, illegal, void, or unenforceable, this Agreement shall continue in full force and effect without said provisions, provided that no such severability shall be effective if it materially changes the benefits or obligations of any Party hereunder.

7. Integrated Agreement: This Agreement, which includes the recitals and all exhibits and attachments, constitutes the entire understanding of the Parties with respect to the subject matter herein. No representation, express or implied, that is not set forth herein, shall be binding or have any force or effect.

8. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be original, and all of which together shall constitute one and the same Agreement. A signature delivered by facsimile or electronic transmission shall be deemed to be an original signature and shall be effective upon receipt thereof by the other Party.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date set forth above.

CITY OF SAN MARINO
By: i1fou:d.fjEf J,M__
/ Ct Manager
ATTEST:
-/~~
City Clerk
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APPRO~
City Att
CITY OF SOU~~ By:J1,?tt City Manager
ATTEST:
~,.,f C)jl~~ ~JJ:--
City Attorney
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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Mario Rueda, Fire Chief
DATE: June 28, 2024
SUBJECT: APPROVAL OF FAMILY ASSISTANCE CENTER ANNEX TO

THE CITY OF SAN MARINO'S EMERGENCY OPERATIONS
PLAN

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

BACKGROUND
On October 12, 2022, the San Marino City Council approved the City of San Marino’s Emergency Operations Plan (EOP). The EOP provides for the effective mobilization of the City’s resources to respond to disasters. Since the adoption of the plan, additional “Annexes” provide a means to continually update the EOP. EOP Annexes have been developed to provide additional guidance and direction to ensure an effective response, given new and emerging practices, lessons learned, technologies and threats not specifically covered in the EOP.

DISCUSSION
A Family Assistance Center (FAC) is a location for families of disaster victims to receive information about loved ones, and establish a connection with resources that aid in their recovery. The FAC provides several types of services for those victims and families and it is the responsibility of the City of San Marino to coordinate along with other allied agencies.

Recovery from a crisis is one of the most sensitive and complex operations in an effective mass casualty response. FAC’s are encouraged to open immediately following an emergency as part of the response which offers Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
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specialty support functions not assigned to the affected community. Following the immediate aftermath of a Multi Casualty Incident, families will gravitate to where they believe their loved ones may be found, or to obtain information.

The San Marino Municipal Code, Chapter 4, Article 2 codifies the creation of a San Marino Disaster Council for the purpose of developing and recommending for adoption by the City Council, mutual aid plans and agreements and the City’s Emergency Operations Plan. The Disaster Council consists of the Director of Emergency Services (City Manager) as the chair; two members of the City Council appointed by the Mayor, Mayor Huang (primary delegate) and Councilmember Talt (alternate delegate); and representatives from the City’s Fire and Police Departments that were appointed by the City Manager, Fire Chief Rueda and Chief of Police Incontro.

The Disaster Council and Public Safety Commission has reviewed the FAC Annex and recommended its approval without comment.

FISCAL IMPACT & PROCUREMENT REVIEW
None.

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

RECOMMENDATION
Staff recommends the Council adopt the Family Assistance Center Annex into the City of San Marino Emergency Operations Plan. If Council concurs with staff’s recommendation, an appropriate motion would be:
”I move to adopt the Family Assistance Center Annex into the City of San Marino Emergency Operations Plan.”

ATTACHMENTS

1. Family Assistance Center Annex
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City of San Marino
Emergency Operations Plan

FAMILY ASSISTANCE

CENTER PLAN
June 2024
Approved:__ ___ _______________ Date: ________________
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CONTENTS
Introduction .......................................................................................................................................................2 The Family Assistance Center (FAC)...........................................................................................................2 FAC Activation Threshold..............................................................................................................................3 Scope ...................................................................................................................................................................3 Objectives...........................................................................................................................................................3 Assumptions.......................................................................................................................................................4 SMUSD Related Event.....................................................................................................................................4 Code of Conduct..............................................................................................................................................4 Elected Officials.................................................................................................................................................5 Planning ...............................................................................................................................................................5 Organization Chart* – Family Assistance Center (FAC).........................................................................6 Staffing .................................................................................................................................................................6 Management Section Duties...........................................................................................................................7 Recommended FAC Locations......................................................................................................................8 Operational Sequence .....................................................................................................................................8 Security ...............................................................................................................................................................9 Media and Communications...........................................................................................................................9 Donation Management....................................................................................................................................9 Recovery.......................................................................................................................................................... 10 Additional ........................................................................................................................................................ 10 PAGE 90 of 103
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INTRODUCTION
The City of San Marino is committed to protecting its community members by providing coordinated and quality family assistance following any crisis. The creation of this plan is based on review of recent incidents involving mass causalities. This plan is intended to support the existing City of San Marino Emergency Operations Plan (EOP) and include “all-hazards” e.g., manmade, natural disasters, criminal/terrorist incidents that are aligned with the County of Los Angeles Department of Mental Health, Family Assistance Center Plan.

This plan serves as a tool to provide guidance to the City of San Marino regarding managing large numbers of injuries and fatalities. This plan describes a coordinated response along with County of Los Angeles Operational Area entities, non-governmental organizations (NGOs) and allied agencies within Disaster Management Area C, to facilitate a Family Assistance Center.

After a mass casualty incident (MCI), it is important to quickly connect survivors with their loved ones. Often, the best approach is to relocate survivors to a location away from the incident scene.

Recovery from a crisis is one of the most sensitive and complex operations in an “effective” mass casualty incident (MCI) response. Family Assistance Centers (FACs) are encouraged to open immediately following an emergency as part of the response which offers specialty support functions not assigned to the affected community. Following the immediate aftermath of an MCI, families will gravitate to where they believe their loved ones may be found, to obtain information.

THE FAMILY ASSISTANCE CENTER (FAC)
The FAC is a location for families of disaster victims to receive information about loved ones, and establish a connection with resources that aid in their recovery. The FAC provides several types of services for those victims and families and is the responsibility of the City of San Marino to coordinate along with other allied agencies, for example:
• Coroner death notifications.
• The City of San Marino will work with local officials, law, fire, businesses and health care facilities to assist with family information and notification. • Assist in tracking victims/survivors in locating facilities where medical care has been provided, and collecting that information in a single location to ensure coordination and communication remain consistent and clear.
• Services to include emotional support, spiritual care. • Mental health or other social services.
• Missing; transported; or deceased persons.
• Assist the San Marino Unified School District (SMUSD) with assistance in reuniting survivors with loved ones.
• The reunification process is not a FAC.

The FAC should address the following:

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• Incident Command needs to be aware that a FAC has been established and communicate to the City Manager’s Office the location to refer potential witnesses, victims/families to that location.
• The Emergency Services Director in consultation with other involved agencies (law enforcement/fire) need to discuss the immediate release of a community alert and/or media notifications of the FAC location – keep the community informed! Messaging about expected actions should take place as soon as possible to decrease confusion. • City leadership should consider recommendations made by public safety, trauma response and mental health professionals when reacting to the incident. • It is imperative all FAC personnel e.g., City and partner agencies support diversity, equity, inclusion and remain aware of cultural differences within the community. • Accommodations for persons with access and functional needs must also be considered. • The Los Angeles County Office of Emergency Management Watch Center Duty Officer and the Area C Disaster Management Area Coordinator should be notified of the FAC activation.

The activation of the San Marino FAC is the responsibility of the City of San Marino, Director of Emergency Services (City Manager); Fire Chief; Police Chief or unless otherwise documented in the current San Marino Emergency Operations Plan (EOP).

FAC ACTIVATION THRESHOLD
The activation of an FAC should be considered if any of the following occur:
• Potential for 5 or more fatalities at a single incident. • An incident resulting in 10 or more seriously injured persons transported for treatment. • An incident attracting widespread media reporting resulting in intense public scrutiny. • At the request of the SMUSD or a cooperating entity.

SCOPE
This plan contemplates activation, operations, management and demobilization strategies for a FAC. This plan is intended to supplement the current County of Los Angeles Department of Mental Health Guidance, “Family Assistance Center Plan” and the Mass Violence Response Plan.

An area within the FAC may also serve as a location to help facilitate information and notification of missing persons. If requested by the SMUSD, a separate area of the FAC may be set aside to help facilitate the function of reunification of parents and students.

OBJECTIVES
The following Objectives are offered to assist recovery efforts:
• Provide accurate and timely information to the immediate family of victims/survivors regarding the incident.
• Provide a mechanism to coordinate efforts between law enforcement, emergency medical services, the Coroner, religious support and other mental health resources to facilitate identification of victim status and family notifications. • Coordinate mental health support to families and friends impacted by the incident.

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NOTE: Area C Chaplains may be requested through the Area C DMAC. • Utilize a facility that may be easily secured to prevent unauthorized access; includes restroom facilities and dining areas; and includes rooms for counseling or small group reunifications.

ASSUMPTIONS
• Implementation of this plan assumes the MCI, disaster or local emergency occurs within DMAC Area C and/or the City of San Marino.
• National Incident Management Systems (NIMS)/Standardized Emergency Management System (SEMS)/Incident Management System (ICS) protocols will be utilized to facilitate the notification and resource request process among all supporting agencies. • The City of San Marino is responsible for implementation of this plan that includes activation, coordination and participation in related FAC training and exercises. • DMAC Area C will support the City of San Marino FAC through Mutual Aid requests via County of Los Angeles Operational Area and other local partners. • The City of San Marino EOC will notify and collaborate with the County of Los Angeles Operational Area EOC during any local emergency, declared disaster and/or FAC operation.
• During a disaster, most if not all family members of seriously injured victims/survivors will travel to where the injured are hospitalized. Once injured victims/survivors are released, these family members (including victims) will in all probability, return home. These individuals may have been witnesses and would be able to provide valuable information regarding an on-going criminal matter. It is important that these family members/victims are tracked.
• If the County of Los Angeles EOC is activated for an incident in San Marino, Area C DMAC will deploy to the City of San Marino EOC as a Liaison.

SMUSD RELATED EVENT
• If requested, the City of San Marino will activate a FAC, and provide support and assistance to the SMUSD.
• Establish an area within the FAC for students/SMUSD reunification team members. • Establish a medical triage, treatment, and counseling resources location in the reunification area.
• Coordinate and assist the SMUSD with protocols for notification, information release, orderly check-in, checkout, record keeping and release of minors to adults. • Ensure a one voice messaging with reliable, authentic information that involves all stakeholder agencies.
• The reunification process is best managed by the entity involved, school, or business with assistance from the City, if requested.

CODE OF CONDUCT
• All FAC personnel are required to protect the privacy of victims and families and should have no contact with the media.

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• Communicate openly, respectfully and directly with victims, family and staff to optimize services and promote mutual trust and understanding. Handle conflict immediately and ask for help if needed.
• Conduct FAC related business professionally and with integrity. • Be sensitive to the environment and enforce “Quiet Zones” inside the FAC. • Assist where needed in providing care and/or needed services. • Clearly identify yourself and your position to victims. • Have a “go-bag” with administrative equipment at the ready. • Protect personal property of victims and families at the FAC to prevent loss, theft etc.

NOTE: At crime scenes, personal property may not be released immediately pending investigation and processes established by SMPD.

ELECTED OFFICIALS
• Elected officials have the role of supporting the City Manager (Director of Emergency Services), first responders, victims, survivors, community members, the work force and allied agencies in the recovery phase of a disaster or local emergency. • Elected officials also have the duty and responsibility to consider proclaiming a local emergency during a properly noticed meeting and upon recommendations by the Director of Emergency Services when conditions become, or are anticipated to, exceed the resources of a local jurisdiction.
• During times of crisis, elected officials may be a valuable asset to the community by having a clear understanding of how government responds to emergencies and disasters, what resources are available, what types of assistance can be provided to residents, and how much time it may take to deliver the assistance.
• Staying informed as to incident status is critical during and throughout the emergency, as constituents will reach out to their representatives for guidance. • The responsibilities for release of information often becomes political and all elected officials must put others above self-interests.
• Elected officials should adhere to the same limitations placed upon other appointed officials and employees as to disseminating information refraining from interfering with ongoing law enforcement or medical operations; and providing practical assistance when and where requested by the Incident Commander and /or the Director of Emergency Services. All public information should be released on via the PIO unless the Director of Emergency Services or Incident Commander requests elected officials provide separate information.
• Elected officials should work through the City Manager’s Office to ensure consistent messaging and guidance for a FAC visit.

PLANNING
The ICS “Planning P” should be followed. An Incident Action Plan (IAP) must be completed once the FAC is activated and be created for each operational period. The FAC Director (Command) must ensure all staff (General staff) have a clear understanding of the operational period, incident objectives, their individual roles and flow of operations. The initial planning briefing should include:
• A completed Incident Action Plan (IAP), ICS-201
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• Synopsis of the incident
• Priorities and Objectives
• Code of Conduct
• Logistics
• Facility layout and flow of operations
• Brief synopsis of agencies in support and services to be provided • Specific work tasks
• Resources available to maintain Situational Awareness ORGANIZATION CHART* – FAMILY ASSISTANCE CENTER (FAC)
*Every position does not need to be filled; however, the function performed may need to be addressed.

STAFFING
In a local emergency or disaster, the EOC will be activated and staffed by assigned EOC Cadre.

Staffing the FAC can be personnel intensive. Staffing of the FAC should include trained, City professionals from throughout the organization, e.g., Human Resources, Public Works, Parks & Recreation, Finance, Community Development, etc. Mutual Aid may provide additional resources however, it is important to remember the responsibility for the FAC remains with the City of San Marino. “Deputy” positions should be staffed by City of San Marino personnel for PAGE 95 of 103
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accountability and cost tracking1. The “FAC Director and Deputy” should be City of San Marino personnel.

It is recognized under certain conditions the ability to staff all of the San Marino FAC positions may not be possible. Therefore, depending on available personnel the following priority FAC Staffing for San Marino should be as follows:

1. FAC Director

2. Deputy FAC Director

3. Deputy Operations Chief

4. PIO

5. Deputy Finance Chief

6. Deputy Logistics Chief

7. Deputy Planning Chief

MANAGEMENT SECTION DUTIES
FAC Director: responsible for the overall management of the FAC, to include the development and implementation of strategic goals and objectives, and approval and release of resources. The FAC Director or designee coordinates with the Facility Liaison regarding the use of the facility for the FAC. The FAC Director should be a designated employee of the City of San Marino.

Deputy FAC Director: responsible for assisting in the management of the FAC and the point of contact for representatives of other assisting government and NGO agencies. The Deputy FAC Director should be a designated employee of the City of San Marino.

Public Information Officer (PIO): responsible for communicating with the public, media and/or coordinating with other agencies, as necessary, with incident related information requirements. The PIO is responsible for developing and releasing information about the FAC to the news media, incident personnel, and other appropriate agencies and organizations (the PIO should not change from day to day). The PIO should be a designated employee of the City of San Marino.

Deputy Operations Section Chief: responsible for managing FAC on-scene operations to meet the incident objectives established by the FAC Director (Operations Section Chief may be from another supporting agency other than the City of San Marino).

Deputy Logistics Section Chief: responsible for managing and coordinating FAC logistics, disability support needs, information technology and communications resources (Logistics Section Chief may be from another supporting agency other than the City of San Marino).

Deputy Planning Section Chief: responsible for collecting, evaluation and dissemination of information about FAC operations and status of resources. The Deputy works closely with the FAC Director and Operations Section Chief to develop Objectives. The Planning Section is

1 In a local emergency, all City personnel become Disaster Service Workers under Government Code Sections 3100-3109 and may be required to work by the Director of Emergency Services.

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comprised of Demobilization and SITSTAT (Planning Section Chief may be from another supporting agency other than the City of San Marino).

Deputy Finance/Administration Section Chief: responsible for all administrative and financial considerations surrounding the FAC (Financial/Administration Section Chief may be from another supporting agency other than the City of San Marino).

RECOMMENDED FAC LOCATIONS
The FAC should be a facility that will accommodate shelter, parking, privacy for notifications, counselling areas, family support service areas, food service, restrooms and a community gathering area.

The City of San Marino has one potential location that lends itself geographically and practically to accommodating a Family Assistance Center (FAC).

1. The San Marino Community Center, 1800 Huntington Drive, San Marino CA

OPERATIONAL SEQUENCE

1. All visitors register

2. Prescreen at perimeter – practice respectful communications

3. Assess for interpreter/special accommodations

4. Verify purpose of visit – ID

5. Provide escort to support service area – special needs accommodations

6. Notify family members

7. Assess for additional support services

8. Send to specific areas in the FAC
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NOTE: It is important to have information regarding missing persons, victims, hospitals etc. as soon as possible in order to maintain situational awareness and efficiently process all families/victims.

SECURITY
• Managed by law enforcement and/or Mutual Aid
o Perimeter security
• Within the FAC
o High visibility presence in critical stations, e.g., interview area, child care etc. o Refer to mental health services first before removing unruly subjects. o Maintain visible presence at high security or restricted areas (interview rooms)

MEDIA AND COMMUNICATIONS
• Media staging should be established in a location that does not prevent access or deter victims of family members or friends from entering the facility. • Media should not be allowed into the FAC.
• The Director of Emergency Services must approve access for any national, state, or local elected or appointed officials who are not part of the FAC activation. • An area for all elected or appointed officials who are not part of this Plan should be designated by the Director of Emergency Services that is separate from the FAC’s ongoing operations. Individuals not participating in the FAC operations should be restricted to this area to avoid their interference with duties of the PIO, Incident Commander, Director of Emergency Services, and other law enforcement professionals. • Community notifications and public warnings should be issued by City representatives with input from cooperating agencies.
• Media interviews should be delivered by principal representatives of the City, the City Manager, Chief of Police, Fire Chief, and the Mayor.
• Keep messages compassionate, concise, based upon facts, simple and informative. • Correct misinformation as soon as possible.
• Establish regular schedules for media releases.
• Decide which officials and stakeholder will speak, and in what order at press briefings. • Elected officials should never comment on rumors or victim information until confirmed by the Coroner, medical professionals and/or public safety officials.

DONATION MANAGEMENT
Often after a tragedy, people from across the country, and even the world, want to express their condolences through cards, memorabilia, gifts, and cash donations. These donations pressure an organization into making quick decisions about handling the gifts. Having a plan in place to manage donations can help relieve this pressure. Considerations should include:
• The City, with advice from the City Attorney, should act early in organizing donation management.
• Set up a donation fund ASAP in partnership with a trusted community organization or foundation approved by the City.
• The City should avoid accepting monetary donations on behalf of victims.

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RECOVERY
• City leaders must become highly visible during a crisis and assume active support roles. • The Los Angeles County Mental Health Department is a source for referrals and professional counseling.
• Be prepared for national and state elected officials to respond to the site and attend victims’ funerals.
• City leadership is cautioned to be mindful as to what is said publicly regarding an incident, especially those involving accident and criminal investigations. Additionally, depending on the situation, municipal entities may become involved in future litigation. • Be prepared to engage in and manage town halls meetings, vigils, and memorials.

ADDITIONAL
• Managing a FAC can be a complex operation that requires leadership, cooperation, organization and compassion.
• It is important San Marino personnel assigned to the FAC refer to the County of Los Angeles Department of Mental Health, Family Assistance Center Plan Handbook for Job Aid Information.
• The attached Mass Shooting Checklist can be utilized to assist with the initial response to an incident as a quick reference guide.

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Alhambra • Burbank • Glendale • La Canada Flintridge • Monterey Park • Pasadena • San Fernando • San Gabriel • San Marino • South Pasadena Mass Shoo(ng Incident Checklist (Ini(al Response)
• No(fica(ons need to be made to the following by the IC or the designated authority immediately:
o Fire Chief
o Police Chief
o City Manager
§ They will no(fy the City Council
o Emergency Manager
§ They will no(fy local county offices of emergency management. o Public Informa(on Officer
§ Iden(fy media staging ASAP.
o Local county or suppor(ng agency departments for mental health re o The Red Cross
• Public Alerts and Warnings need to be issued within 15 minutes of the incident with the following:
o Source (who are you)
o Hazard
o Loca(on
o Dura(on
o Expected Ac(on
o Info/Follow-up
§ If you have no informa(on, provide a general alert with what you do know. Be clear, direct, and honest.
§ EX: (Agency) A shoo(ng has occurred at ______. (Avoid the area/Shelterin-Place/Evacuate the) in the (Area). Unknown dura(on. For informa(on, go to @twi[er.
• Request ac(va(on of the Emergency Opera(ons Center (EOC) o Immediately start staff recall (only call-in A/B Shi^) o Facilitate all resource requests through the EOC, such as translators, food, and media (coordinated through a JIC if available), etc.
o If you need assistance in staffing your EOC (think days ini(ally and weeks), make an EMMA request right off the bat.
o Request a liaison for each agency at the incident site or suppor(ng sites. • Ac(vate the Family Assistance Center
o Request assistance ASAP if your city staff does not have the bandwidth. o Assign a PIO to the Family Assistance Center
o Iden(fy assis(ng agencies such as:
§ Coroner’s Office
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Alhambra • Burbank • Glendale • La Canada Flintridge • Monterey Park • Pasadena • San Fernando • San Gabriel • San Marino • South Pasadena § FBI (as needed)
§ Mental Health
§ Social Services
§ Transla(on Services
§ Red Cross
§ Etc.
o Determine hours of opera(ons
o Iden(fy on-site facility lead.
o Push, publish, and promote the loca(on.
o Iden(fy a team to assist with recovery and transi(on planning. • Prepare for managing incoming elected officials.
o Create talking points to share with City Council Members (not just yours!) o If possible, coordinate visita(on (mes to avoid disrup(ng the Family Assistance Center ac(vi(es.
o Assign a liaison to work with the representa(ves and their security teams o An(cipate visits from the following:
§ President/Vice President
§ Governor
§ Senators
§ City Councils
§ District A[orney
§ Mayors
§ Anyone poli(cally affiliated
• DO NOT accept any money or dona(ons. Find a local community organiza(on you work with to assist with this!
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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director
DATE: June 28, 2024
SUBJECT: AUTHORIZATION TO DISPOSE OF SURPLUS PROPERTY

BY PUBLIC AUCTION PER MUNICIPAL CODE SECTION

2.06.06 STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government

BACKGROUND
As part of the FY 2023-24 budget, the City Council appropriated funds for the purchase of a new skid-steer loader for the Parks and Public Works Department. The existing piece of equipment was originally purchased in 1999, has required significant repairs in recent years, and has reached the end of its useful life. As the new skid-steer loader was ordered in December 2023 and received in May 2024, and the original piece of equipment from 1999 is still out of service, the City has determined that it is functionally obsolete and no longer necessary for the City’s fleet. As such, the City Manager has declared this item to be surplus. See below for equipment details:

Department Make Model Year ID #
Public Works Bobcat Model 763 1999 512250937

DISCUSSION
Upon determining that an item is surplus, the City Manager shall determine how the property shall be disposed of. These options include:

Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
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1. Transfer to another department

2. Trade in for the acquisition of replacement item(s)

3. Sale at public auction

4. Sale at auction to be conducted as part of a city fundraising event

5. Sale by negotiation

6. Disposal as trash
Staff recommends proceeding with sale at public auction (option 3), as that option best serves the interests of the City. Section 2.06.06 (D) of the San Marino Municipal Code provides that “Disposition of surplus city property by sale at public auction, negotiation, or sale by auction at a city related fundraising event shall be approved by the City Council prior to the time of the sale.”

FISCAL IMPACT & PROCUREMENT REVIEW
Staff estimates that auction sale prices for the subject items may be as much as $5,000 total (based on Kelly Blue Book pricing). However, it should be noted that auction prices have some degree of unpredictability, so the revenue may exceed or fall short of that amount by a few thousand dollars. The sale of the vehicles and equipment is not a budgeted revenue for FY 2023-24. All proceeds from the auction of these items will be deposited in the “Gain/Loss on Disposal of Asset” revenue line item within the General Fund (Account # 101-00-3703-0000), as per Section 2.06.06 (E) of the San Marino Municipal Code.

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

RECOMMENDATION
Staff recommends the City Council approve the disposal of surplus vehicles and equipment via public auction pursuant to Municipal Code Section 2.06.06.

If the Council concurs, an appropriate motion would be:
“I move to approve the disposal of surplus equipment as listed in the staff report via public auction, pursuant to Municipal Code Section 2.06.06.” PAGE 103 of 103

San Marino City CouncilJune 28, 2024

San Marino City Council
June 28, 2024