Agenda packet — South Pasadena City Council, March 2, 2022 (part 2 of 3)

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required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall material change to policies
required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of South Pasadena, Attn: Public Works Department, 1414 Mission Street, South Pasadena, CA 91030.

12.12. Consultant Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers,

12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

12.14. Report of Claims to City. Consultant shall report to the City, in addition to the connection with the services under this Agreement.

12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and insurance coverage required herein are
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DocuSign Envelope ID: 10E6EEDA-4ACF-4925-BA89-70D587369BAD provide no less than 30 days' notice of any cancellation or 's
shall be in excess of Consultant's insurance and shall not contribute with it.

Consultant's insurer, any and all insurance claims submitted to Consultant's insurer in deductibles in all of Consultant's insurance policies. The amount of deductibles for subject to City's approval.

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12.16. Duty to Defend and Indemnify. duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.

13. MUTUAL COOPERATION

13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the

13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought with this Agreement,
Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City
Garrett Crawford
City of South Pasadena
Public Works Department
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 403-7240
Facsimile: (626) 403-7241
If to Consultant
Adhami Engineering Group
700 Rim Rd
Pasadena, CA 91107
Telephone: (626) 255-4592
With courtesy copy to:

Teresa L. Highsmith, Esq.

South Pasadena City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd.., Ste. 850
Pasadena, CA 91101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710
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DocuSign Envelope ID: 10E6EEDA-4ACF-4925-BA89-70D587369BAD Consultant's
proper performance of Consultant's services under this Agreement. against City relating to Consultant's performance in connection service during Consultant's and City's regular business hours; or (ii) on the third CONTRACT NO. 2021-015
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15. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph

10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph

12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

16. TERMINATION

16.1. City Termination. City may terminate this Agreement for any reason on five calendar Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

16.2. Consultant Termination. Consultant may terminate this Agreement for a material

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

16.4. Remedies. City retains any and all available legal and equitable remedies for nt.

17. INTERPRETATION OF AGREEMENT

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

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant. 12 - 25
DocuSign Envelope ID: 10E6EEDA-4ACF-4925-BA89-70D587369BAD days' written notice to Consultant. Consultant agrees to cease all work under this breach of this Agreement upon 30 days' notice.

Consultant's breach of this Agreeme
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17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

18. GENERAL PROVISIONS

18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 12 - 26
DocuSign Envelope ID: 10E6EEDA-4ACF-4925-BA89-70D587369BAD subcontractor to file, a Statement of Economic Interest with the City's Filing Officer if CONTRACT NO. 2021-015
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18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform , that such failure
was due to causes beyond the control and without the fault or negligence of Consultant.

18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. 12 - 27
DocuSign Envelope ID: 10E6EEDA-4ACF-4925-BA89-70D587369BAD duties or rights hereunder, either in whole or in part, without City's prior written if Consultant presents acceptable evidence, in City's sole judgment CONTRACT NO. 2021-015
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18.11. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award expended in the action.

18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement. 12 - 28
DocuSign Envelope ID: 10E6EEDA-4ACF-4925-BA89-70D587369BAD Attorneys' Fees.
of reasonable attorneys' fees and costs
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

City of South Pasadena
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Adhami Engineering Group
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:

By:__________________________________
Maria E. Ayala, City Clerk
Date:________________________
Approved as to form:

By:__________________________________
Teresa L. Highsmith, City Attorney
Date:________________________

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DocuSign Envelope ID: 10E6EEDA-4ACF-4925-BA89-70D587369BAD "City" "Consultant"
r-:-DocuS igned by:

L~~~-a~i
Sean Joyce Manoochehr Adhami
Interim city Manager Principal
3/10/2021 3/10/2021
r-:DocuSigned by:
~DC~4~ lerk
5/3/2021
3/15/2021
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Exhibit A
Scope of Services
The Consultant shall perform required tasks to complete the engineering design, construction documents and specifications for installing RRFB including but not limited to:

Site plans documenting existing conditions at each locations; RRFB design and specifications;
Sidewalk and ramp improvements;
Signage and striping plans; and
Other improvements required to complete the proposed improvements.

The Consultant shall complete the design of the RRFB at the following three locations:

Fremont Avenue and Lyndon Street
Mission Street and Diamond Avenue
Mission Street and Fairview Avenue
The consultant shall also be responsible for completing all required forms, perform tasks and maintain record as required under the Caltrans LAPM for federally-funded construction projects.

The consultant shall calculate and establish the DBE percentage for this project. Consultants Utilization of Disadvantaged Business Enterprise (DBE), First -F of the Caltrans LAPM.
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DocuSign Envelope ID: 10E6EEDA-4ACF-4925-BA89-70D587369BAD •
•
•
•
•
•
•
•
shall complete the "Final Report -
Tier Subcontractors" for Exhibit 17
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Exhibit B
Approved Fee Schedule
10% contingency: $ 4,484
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DocuSign Envelope ID: 10E6EEDA-4ACF-4925-BA89-70D587369BAD Task Employee Hours Hourty Total($) Rate($)
Taskl
Kickoff and Follow-up Meetings Principal 8 210 1,680
Project Manager 8 180 1,440
Task2
Data Collection Engineer 30 130 3,900
Task3
Field Observations Engineer Associate 40 90 3,600
Project Manager 6 180 1,080
Task4
Surveying Crew of 3 16 400 6,400
Tasks
Preliminary/Conceptual Engineer 30 130 3,900
Review Quality Control Manager 12 150 1,800
Review Project Manager 9 180 1,080
Review Principal 6 210 630
Task6
Corrections and Final Design Engineer 30 130 3,900
Review Quality Control Manager 12 150 1,800
Review Project Manager 9 180 1,620
Review Principal 6 210 1,260
Task7
Cost Estimate Engineer 12 130 1,560
Review Project Manager 2 180 360
Tasks
Specification/Construction Docs. Engineer 12 130 1,560
Review Project Manager 15 180 2,700
Review Principal 6 210 1,260
Miscellaneous Costs Insurance 810
Supplies/Printing 2,500
Grand Total 44,840
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City Council
Agenda Report ITEM NO.

DATE: March 2, 2022
FROM: Armine Chaparyan, City Manager {tU
PREPARED BY: Ted Gerber, Director of Public Works
Tatevik Barakazyan, Associate Engineer
SUBJECT:

Recommendation
Authorize a Contract Amendment with W. G. Zimmerman
Engineering, Inc. for Professional Consulting Services to Conduct the Transportation Impact, Noise, and Air Quality Analysis for the Mixed-Use Development Project at 815
Fremont Avenue in an Amount Not-to-Exceed $2,500, for a Total Not-to-Exceed Contract Amount of $27,091.25
It is recommended that the City Council authorize the City Manager to execute a contract amendment with W. G. Zimmerman Engineering, Inc. for professional consulting services to conduct the transportation impact, noise, and air quality analysis for the mixed-use development project at 815 Fremont Avenue in an amount not-toexceed $2,500, for a total not-to-exceed contract amount of $27,091 .25.

Background
The project site currently consists of a one-story restaurant and surface-level parking.

The proposed project consists of the construction of a 4-story mixed-use development to include 50 multi-family dwelling units, approximately 4,000 square feet of commercial space and sublevel parking. Pursuant to Article 19 of the California Environmental Quality Act (CEQA) Guidelines, the project may qualify for Class 32 Categorical Exemption for "In-Fill Development Projects". If demonstrated that the proposed development would not result in any significant effects on the environment relating to traffic, noise, and air quality, the project will be declared categorically exempt from the requirement for the preparation of environmental documents.

On June 9, 2021 , staff issued a Request for Proposals (RFP) for professional services to conduct the traffic, noise, and air quality analysis for the proposed development.

Subsequently, staff reviewed the receieved proposals and, in compliance with Government Code Section 4526, selected W. G. Zimmerman Engineering, Inc. (Consultant) as the most qualified consultant for the professional services.

Contract Amendment for W. G. Zimmerman Engineering, Inc. for Project at 815 Fremont Avenue
March 2, 2022

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Analysis
On September 27, 2021, a professional services contract was executed with the Consultant in the amount not-to-exceed $24,591.25. Subsequent to the execution of the contract, Consultant prepared the acoustical assessment of the project, which evaluated off-site mobile noise as a result of the increase in traffic volumes. The CEQA analysis requires the expansion of the noise analysis to include noise and vibration levels resulting from construction and operation of the project. The approved scope of work was determined to be insufficient for the completion of the noise analysis, and additional funds are necessary to determine the significance of the project’s impact.

Fiscal Impact
The property owner/developer is responsible for the payment of the costs for the professional services, plus a fifteen percent (15%) administrative fee to the City. A deposit in the amount of $31,250 was made to the Development Deposit Account No. 101-0000-0000-2990-006, which covers the fees for contract services, staff administration, and a ten percent (10%) contingency. The contingency is sufficient to cover the contract amendment amount. The amended contract will be increased by $2,500, for a not-to-exceed total contract amount of $27,091.25.

Commission Review and Recommendation
This item was not reviewed by a commission.

Environmental Analysis
This item may qualify for CEQA Class 32 Categorical Exemption for “In-Fill Development Projects”. If demonstrated that the proposed development would not result in any significant effects on the environment relating to traffic, noise, and air quality, the project will be declared categorically exempt from the requirement for the preparation of environmental documents.

Attachments:

1. First Amendment to Professional Services Agreement with W. G. Zimmerman Engineering, Inc.

2. Professional Services Agreement for Consultant Services with W. G. Zimmerman Engineering, Inc. (Original Agreement)
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ATTACHMENT 1
First Amendment to Professional Services
Agreement with W. G. Zimmerman Engineering, Inc.
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275087.1

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES THIS AMENDMENT (“Amendment”) is made on this 16th day of February 2022, by and between the CITY OF SOUTH PASADENA (“CITY”) and W. G. ZIMMERMAN ENGINEERING, INC. (“CONSULTANT’).

RECITALS
WHEREAS, on September 27, 2022, the CITY and CONSULTANT entered into an Agreement for PROFESSIONAL CONSULTING SERVICES FOR CONSULTANT SERVICES (“Agreement”) for CONSULTANT to assist City in the preparation of the transportation impact, noise, and air quality analysis for the mixed-use development project at 815 Fremont Avenue; and
WHEREAS, the original Agreement was in the amount of $24,591.25; and WHEREAS, due to California Environmental Quality Act (CEQA) requirements for an expansion of the noise study to include noise and vibration levels resulting from construction and operation of the project, the CITY desires to amend the Agreement to increase the amount needed for CONSULTANT to complete the noise analysis report.

NOW THEREFORE, THE CITY AND THE CONSULTANT AGREE AS
FOLLOWS:

1. That Section 3.4 DEFINITIONS of the Agreement is hereby amended to read as follows:
“MAXIMUM AMOUNT”: The highest total compensation and cost payable to CONSULTANT by CITY under this agreement. The Maximum Amount under this Agreement is Twenty-Seven Thousand and Ninety-One Dollars and Twenty-Five Cents $27,091.25.

2. That Section 12.2 Documentation of Insurance, of the Agreement is hereby corrected to read as follows:

Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: Transportation Impact Analysis, Noise and Air Quality Analyses for 815 Fremont Ave. 13 - 4

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That Section 12.11, Notices, of the Agreement is hereby amended to read as follows:

The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is listed in Section 14 NOTICES.

3. That Section 14 NOTICES of the Agreement is hereby amended to read as follows:

If to City If to Consultant
Ted Gerber William G. Zimmerman
City of South Pasadena W. G. Zimmerman Engineering, Inc.

Public Works 17011 Beach Boulevard, Suite 1240
1414 Mission Street Huntington Beach, CA 92647
South Pasadena, CA 91030 Telephone: (714) 799-1700
Telephone: (626) 403-7240
Facsimile: (626) 403-7241
With courtesy copy to:

Andrew L. Jared
South Pasadena City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd. Ste. 850
Pasadena, CA 91101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710

4. Exhibit A SCOPE OF SERVICES of the agreement is amended to reflect an addition to the scope of work for Task 2 Noise and Air Quality Analysis, under the subheader for Noise, as follows:
“A supplemental noise analysis shall include construction activity and building operations. The supplement will use known values to determine the overall noise levels for these two activities. These values will be comparted to the CEQA and South Pasadena criteria to determine mitigation measures, if needed. No sound measurements will be collected.”
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5. Exhibit B APPROVED FEE SCHEDULE of the agreement is amended to reflect the increase in contract amount, with an additional line item: “$2,500 Additional Noise Analysis”, resulting in a revised Grand Total of $27,091.25.

6. All other terms, conditions, and provisions of the Agreement to the extent not modified by this Amendment, shall remain in full force and effect. “City”
City of South Pasadena
By:________________________________
Signature
Printed:____________________________
Title:______________________________
_
Date:______________________
“Consultant”
W. G. Zimmerman Engineering, Inc.

By:_______________________________
Signature
Printed:___________________________
Title:_____________________________
_
Date:______________________
Attest:

By:__________________________________
Christina Muñoz, Deputy City Clerk
Date:________________________

Approved as to form:

By:__________________________________
Andrew L. Jared, City Attorney

Date:________________________
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ATTACHMENT 2
Professional Services Agreement for Consultant
Services with W. G. Zimmerman Engineering,
Inc.
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DocuSign Envelope ID: C5BA92C6-E12F-4B61-8A71-5D7114C08DA5

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
CONTRACT# 2021-080
(City of South Pasadena/ W.G. Zimmerman Engineering, Inc.)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between the City of South Pasadena, a California municipal corporation ("City"), and W.G.

Zimmerman Engineering, Inc. ("Consultant").

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant: Transportation Impact Analysis, Noise and Air Quality Analyses for 815 Fremont Avenue.

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS
3 .1. "Scope of Services": Such professional services as are set forth in the written Scope of Services attached hereto as Exhibit A and incorporated herein by this reference.

3.2. "Agreement Administrator": The Agreement Administrator for this project is Ghassan Shelleh, Deputy Public Works Director. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant
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DocuSign Envelope ID: C5BA92C6-E12F-4B61-8A71-5D7114C08DA5 CONTRACT# 2021-080

3.3. "Approved Fee Schedule": Consultant's compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.4. "Maximum Amount": The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Twenty-Four Thousand Five Hundred Ninety-One Dollars and Twenty-Five Cents ($24,591.25).

3.5. "Commencement Date": September 1, 2021

3.6. "Termination Date": June 30, 2022

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11 :59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 ("Termination") below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT'S DUTIES
5 .1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant's estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

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DocuSign Envelope ID: C5BA92C6-E12F-4B61-8A71-5D7114C08DA5 CONTRACT# 2021-080

5.5. Professional Standards. Consultant shall perform all work to the standards of Consultant's profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code§ 1090 and the Political Reform Act (Government Code§ 81000 et seq.).

5.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant's performance of such work.

5. 7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Chris Baca shall be Consultant's project administrator and shall have direct responsibility for management of Consultant's performance under this Agreement. No change shall be made in Consultant's project administrator without City's prior written consent.

5.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

5.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant's performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

5.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant's firm or of any subcontractor. Change of ownership or control of Consultant's firm may require an amendment to this Agreement.

5.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, Professional Services Agreement - Consultant Services

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from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546. 7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

6. SUBCONTRACTING

6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

6.4. Compensation for Subcontractors. City shall pay Consultant for work performed by its subcontractors, if any, only at Consultant's actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.

7. COMPENSATION
7 .1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and Professional Services Agreement - Consultant Services

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classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

8. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Consultant shall defend, indemnify, and hold the City, tis elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material ("written products" herein) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

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10. RELATIONSHIP OF PARTIES

10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.

10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant's previously earned California Public Employees Retirement System ("CalPERS") retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation, and other applicable federal and state taxes.

10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. INDEMNIFICATION

11.1 Definitions. For purposes of this Section 11, "Consultant" shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. "City" shall include City, its officers, agents, employees and volunteers.

11.2 Consultant to Indemnify City. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend City from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Consultant's alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or failure to comply with any provision in this Agreement.

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11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City.

11.4 Attorneys Fees. Such costs and expenses shall include reasonable attorneys' fees for counsel of City's choice, expert fees and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorneys' fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers' compensation act or similar act.

Consultant expressly waives its statutory immunity under such statutes or laws as to City.

11. 7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant's behalf.

11.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant's indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

12. INSURANCE

12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same.

Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

12.2. Documentation oflnsurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. Consultant shall file with City:

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• Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A: VII showing. The Certificate of Insurance must include the following reference: Construction Management/Inspection Fair Oaks Traffic Signal Improvement Project
• Documentation of Best's rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $2,000,000 per occurrence, $4,000,000 aggregate
• General Liability:
• General Aggregate: $4,000,000
• Products Comp/Op Aggregate $4,000,000
• Personal & Advertising Injury $2,000,000
• Each Occurrence $2,000,000
• Fire Damage (any one fire) $ 100,000
• Medical Expense (any 1 person) $ 10,000
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured.

Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form.

Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

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12.5. Worker's Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation ( or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, nonowned, and hired automobiles and, trucks.

12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work.

Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

12.8. Claims-Made Policies. If any of the required policies provide coverage on a claimsmade basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.

12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of South Pasadena must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions and Worker's Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant's insurance policies shall be primary as respects any claims related to or as the result of the Consultant's work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be noncontributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant's insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of Professional Services Agreement - Consultant Services

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insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days' notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of South Pasadena, Attn: Public Works, Ghassan Shelleh, South Pasadena, CA 95945.

12.12. Consultant's Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.

12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant's insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.

12.15. Premium Payments and Deductibles. Consultant must disclose all deductables and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant's insurance policies. The amount of deductibles for insurance coverage required herein are subject to City's approval.

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12.16. Duty to Defend and Indemnify. Consultant's duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.

13. MUTUAL COOPERATION

13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant's services under this Agreement.

13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant's performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant's and City's regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
lfto City
Ghassan Shelleh
City of South Pasadena
Public Works
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 403-7240
Facsimile: (626) 403-7241
With courtesy copy to:

Teresa L. Highsmith, Esq.

South Pasadena City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd. Ste. 850
Pasadena, CA 91101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710
If to Consultant
William G. Zimmerman
W.G. Zimmerman Engineering, Inc.
17011 Beach Boulevard, Suite 1240
Huntington Beach, CA 9264 7
Telephone: (714) 799-1700
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15. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5 .11 (Records), paragraph

10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph

16. TERMINATION

16.1. City Termination. City may terminate this Agreement for any reason on five calendar days' written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days' notice.

16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant's breach of this Agreement.

17. INTERPRETATION OF AGREEMENT
1 7 .1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

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1 7.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

18. GENERAL PROVISIONS

18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City's Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age ( 40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

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18.11. Attorneys' Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs expended in the action.

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TO EFFECTUATE TIDS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set fo1th below. "City''
City of South Pasadena
raDmS;goed by,
By: } :;;~,,0.:,f~~
Signature
Printed: Armine Chaparyan
Title: City Manager
9/16/2021
Date: ----------
Attest:
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DocuSignedby:
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By: BDCE537AC2El3433
Lucie Colombo CMC, CPMC, City Clerk
9/27/2021
Date: -----------
Approved as to form:

By: ~;f :J~!
Teresa L. Highsmith, City Attorney
Date:
9/27/2021
- - - - --- ----
"Consultant"
w ..

Printed: v:,L l/tc£Vl? b ZL Vln~IN
Title: :2-es,dex. t
Date: ~ /; & Jz.1 I I
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EXHIBIT A
Scope of Services
All tasks described in this agreement shall be completed within 5 weeks upon receiving "Notification to Proceed" from the City.

Task 1. Transportation Impact Analysis (TIA)
Consultant to prepare a Transportation Impact Analysis for the mixed-use project at 815 Fremont Avenue. The proposed project will construct multi-family residential dwelling units and approximately 4,000 S.F. commercial and retail space. Project automobile access/egress will be provided via two-full access driveways. Driveways will have access to Hope Street and Fremont Avenue separately.

City of South Pasadena Transportation Impact Analysis Methodology, ( amended and approved by the City Council on May 20, 2020), and the City's Request for Proposal issued on June 9, 2021 shall be used to prepare this report.

Initial Intersection Impact Analysis
Consultant shall receive formal approval for the Initial intersection Impact Analysis from the Director of Public Works before initiating the TIA. The Initial Intersection Analysis at minimum should include the following:
• Consultants recommended list of study intersections within the project's impact area no less than a mile radius from the proposed site.
• Proposed methodology for determining existing volumes • Trip generation rates and any trip credits to be used for proposed and existing land uses, based on data from the Institute of Transportation Engineers (ITE) Trip Generation Manual • Appropriate annual traffic volume growth rate for the project study area • Trip Distribution pattem(s) and trip assignment
• VMT analysis results
• LOS analysis results
Draft and Final Transportation Impact Analysis
Consultant shall prepare the TIA report per Initial Intersection Impact Analysis approved by the City's Director of Public Works. The TIA will analyze and evaluate project impacts using, but not limited to, VMT for CEQA compliance and LOS analyses.

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Task 2. Noise and Air Quality Analysis
Noise
Prepare an acoustical assessment for the project located at 815 Fremont A venue. Evaluate potential operational noise level associated with the proposed project and determine the level of impact the project would have on the environment. Calculate existing roadway noise level for the roadway segments in the project vicinity. The Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model (FHWA-RD-77-108) will be used to predict the noise level.

Air Quality Analysis
Perform the air quality evaluation based upon the California Emissions Estimator Model as prescribed by Southern California Air Quality Management District (SCAQMD).

Results shall provide the following:
• Worker transportation control measures during construction. • Dust control measures during construction.
• Measures to minimize source emissions.
• Measures to minimize engine idling.
• Quantify daily emissions.
• Discuss odors associates with diesel fueled vehicles. • Review consistency with SCAQMD Measures.
• Develop mitigation measures.

Deliverables: Draft and Final Noise/Air Quality Analysis Task 3: Data Collection
Existing and proposed turning movement counts for the adjacent existing and proposed intersections and driveways should include the A.M. peak hour and P.M. peak hour (and other time periods as noted in the previous section). Daily traffic volumes shall be provided as 24-hour volumes, and peak hour volumes at intersections and driveways should be provided as turning movements. The analysis shall be based on traffic counts that are no more than one year old ( or less if there are significant changes in traffic patterns). If current traffic volume data is not available from the City, the consultant shall be responsible to collect all necessary data. Daily volume collection must be coordinated to ensure acceptable noise and air quality analyses. Data will be collected from the locations shown below, at a minimum and be the basis of analysis for the Transportation Impact Analysis:

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Street Segment Locations:

1. Fremont A venue from Grevelia Street to Monterey Road

2. Mission Street from Meridian A venue to Fair Oaks A venue Intersection Locations:

1. Fremont A venue at Grevelia Street

2. Fremont A venue at Magnolia Street

3. Fremont A venue at Hope Street

4. Fremont A venue at Mission Street

5. Fremont A venue at El Centro Street

6. Fremont A venue at Oxely Street

7. Fremont A venue at Monterey Road

8. Hope Street at Mound A venue

9. Mission Street at Mound A venue

10. Fair Oaks A venue at Grevelia Street

11. Fair Oaks A venue at Magnolia Street

12. Fair Oaks Avenue at Hope Street

13. Fair Oaks Avenue at Mission Street

14. Fair Oaks A venue at El Centro Street

15. Fair Oaks Avenue at Oxley Street

16. Fair Oaks A venue at Monterey Road
Analysis Time Periods
The study should include an analysis of the impact of the development traffic on the adjacent street's weekday A.M. peak and P.M. peak hours, which normally occurs between 7:00 to 9:00 a.m. and 4:00 to 6:00 p.m., respectively. Midday and Weekend counts may also be required.

Traffic counts shall be collected in accordance with industry standards and established methodologies and at South Pasadena discretion.

Counts should be collected when schools and colleges are in session. Counts collected when schools and/or colleges are not in session shall be approved by the Director of Public works.

Deliverables: ADT counts for Fremont A venue from Grevelia Street to Monterey Road and Mission Street from Meridian Avenue to Fair Oaks Avenue, and Sixteen intersection Peak Hour turning movement counts
Task 4. Travel Demand Management ITDM} Evaluation
TDM is applying various travel strategies to maximize commuter choices to reduce single occupancy vehicles on street corridors and improve air quality. FHWA has developed a methodology to determine the applicability of these different travel strategies to projects. Follow Professional Services Agreement - Consultant Services

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the FHW A methodology to access which strategies would be applicable the project located at 815 Fremont A venue. TDM strategies should be evaluated and may include, but not limited to the following:
• Parking strategies to share parking or reduce on-site parking. • Transit passes and/or transit cash-out
• Bikeshare program with 10 or more bikes
• Carshare program with two or more vehicles
• Shuttle service to major transit stops
• On-site transit kiosk
• Complete Streets measures
• Pedestrian lighting to and from major transit stops
• Pedestrian and Bike Traffic signal upgrades/enhancements • Installation of non-vehicular improvements at studied intersections Prepare a Technical Memorandum evaluating the workable TDM strategies and summary of recommendations in a draft and final report format.

Deliverables: TDM Evaluation and Recommendation Memorandum Task 5. Parking Impact
Conduct a parking analysis on surrounding businesses. The parking analysis will be based upon the ITE Parking Generation to determine peak parking requirements for each business. Conduct a parking analysis for the commercial /retail center for the project development using both the ITE Parking Generation and the Urban Land Institute guidelines.

Deliverables: Draft and Final Parking Needs Technical Memorandum Task 6. Trip Generation and Applicable Trip Credits
Use the latest edition of the ITE Trip Generation Manual to determine the existing trips generated by the restaurant current locate on the site. Rates should be calculated using the weighted average formula when applicable. The trip credits will be applied to the trip generated by the mixed-use project. Trip credits are given to certain uses located on major corridors and/or within the Transit Oriented District (TOD). The trip discounts must be consistent with the City's current practice.

Deliverables: Trip Credit Calculations based upon ITE Trip Generation Manual Task 7. Proiect Meetings
If requested by the City, Consultant shall participate in virtual or in-person meetings and conference calls with the City, Project team, Commissions, Council and/or Owner to review analysis progress and results up to the not-to-exceed amount listed in the Fee Estimate section of Professional Services Agreement - Consultant Services

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13 - 28
DocuSign Envelope ID: C5BA92C6-E12F-4B61-8A71-5D7114C08DA5 CONTRACT# 2021-080
this proposal. Participation in meetings and conference calls requested beyond the task fee limit will need to be approved via a contract extension.

EXHIBITB
Schedule of Fees
Our total Fee, based upon o ur Scope of Work, Not-to-Exceed, is $24,591.25. Our Fee Summary is provided below :

City of South Pasadena
815 Fremont Avenue Mixed-Use Project Transportation Impact Study Principal PE DE Total Labor
Task
$220 $155 $115 Hours
Meetings (4 Total) 8 0 4 12
Tra nsportation Impact Analysis 4 6 50 60
Noise and Air Quality Evaluat ion 2 2 10 14
Data Collection 0 0 1 1
TDM Evaluation 2 2 10 14
Parking Impact 1 1 10 12
Trip Generation/ Trip Credits 1 1 8 10
Subtotal 18 12 93 123
Birdseye Planning Group (Air Quality Evaluation)
Counts Unlimited (Traffic Data)
Other Direct Costs @ 3%

GRAND TOTAL
Professional Services Agreement - Consultant Services

Page 21 ends

WGZE Task
Fee
$2,220.00
$7,560.00
$1,900.00
$115.00
$1,900.00
$1,525.00
$1,295.00
$16,515.00
$4,160.00
$3,200.00
$716.25
$24,591.25
14 - 1
14 DATE:

FROM:

PREPARED BY:

SUBJECT:

Recommendation
City Council
Agenda Report
March 2, 2022
Armine Chaparyan, City Manager {t<;
Lucy Demirjian, Management Services Director
ITEM NO.

Belinda Varela, Human Resources and Risk Manager
----l
Authorize a Contract Amendment with HR Dynamics &
Performance Management Inc., for Additional Analysis on the Compensation & Benefits Study, in an Amount Not-to-Exceed $15,000 for a Total Not-to-Exceed Contract Amount of $40,000 It is recommended that the City Council authorize the City Manager to execute the contract amendment with HR Dynamics & Performance Management Inc., in an additional not-to-exceed amount of $15,000, for additional analysis on the Compensation & Benefits Study.

Background
In November 2021 , in preparation of labor negotiations, City staff secured the professional consultant services of Rhonda Strout-Garcia of HR Dynamics and Performance Management for the purpose of the completion of a compensation and benefits study of all full-time classifications. This compensation and benefits study is an update to the 2019 study. During the 2019 compensation and benefits study, City staff, the Consultant, and representatives from the South Pasadena Firefighters' Association , South Pasadena Police Officers' Association, and the South Pasadena Public Service Employees' Association all provided input as to which cities should be included as benchmark survey cities for the study. A total of 85 full-time classifications were examined and nine cities were selected as benchmark cities for the study.

Newly created positions or updates to current titles and job functions have occurred, and require further research and analysis. As such, staff is recommending a contract amendment to expand the original scope to provide for the additional analysis to complete the study.

Analysis
City staff has identified changes and updates to classifications and work functions, and these updates and changes in classification require further analysis. As such, Staff is recommending a contract amendment to expand the scope of work within the Authorize an Amendment with HR Dynamics & Performance Management March 2, 2022

Page 2 of 2 ends

Compensation & Benefits Study, to include 1) surveying the additional new classifications, 2) assisting the City with implementation of the survey results, and 3) responding to questions/challenges that may be presented by the associations once the data is shared during labor negotiations.

Fiscal Impact
On February 16th, 2022, City Council approved mid-year budget adjustments, in which these funds and updated costs were included. There are sufficient funds within the Management Services - Human Resources Professional Services account in the amount of $15,000 to cover the additional costs.

Commission Review and Recommendation
This matter was not reviewed by a Commission.

Environmental Analysis
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Attachments:

1. Proposed Contract Amendment

2. Original Contact
14 - 2
ATTACHMENT 1
Proposed Contract Amendment
14 - 3
14 - 4

HR YNAMICS & D P E R F ORMANCE MANAGEM E N T

PROPOSAL FOR HUMAN RESOURCES CONSUL TING
February 11, 2022

CITY OF SOUTH PASADENA - CONTRACT AMENDMENT
HR Dynamics & Performance Management, Inc. is pleased to provide the City of South Pasadena with a new Scope of Work associated with a contract amendment, for additional professional human resources consulting services. The City has the need for skilled projectoriented human resources services in the areas of Classification and Compensation. HR Dynamics & Performance Management, Inc. consultants are uniquely qualified to perform the services desired, with successful backgrounds in public sector human resources management, and extensive service to public, private, and non-profit agencies.

CONTRACT AMENDMENT - NEW SCOPE OF WORK*
1) Conduct salary and benefit surveys for newly created positions, and/or revise survey results based on new or updated job descriptions; collect, analyze, and summarize data.
2) Add newly collected survey data to the 2021 survey results and revise the Executive Summary report.
3) Prepare a Power Point presentation with summary results. 4) Provide advisement to the City concerning the 2021/22 Compensation and Benefits Survey results and implementation; research and respond to inquiries concerning the data and findings from management and/or employee associations. *Defined work shall be performed independently by the Consultant, who shall determine the manner and means in which to achieve the described work products.

FEES FOR SERVICES
The above services shall be provided on an hourly basis at the rate of $135/hour, not to exceed $15,000.

AGREEMENT

ARMINE CHAPARYAN,
City Manager
City of South Pasadena
February 11 , 2022
~9~~
RHONDA D. STROUT-GARCIA,
Principal Consultant/Owner
HR Dynamics & Performance
Management, Inc.

February 11 , 2022
HR DYNAMICS & PERFORMANCE MANAGEMENT, INC.

Henry T. Garcia, Principal Consultant/Owner
Rhonda D. Strout-Garcia, Principal Consultant/Owner
Website: HRDPM. COM.
(951) 999-1617 or (951) 905-0025

Page 1 of 3 ends

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR HR CONSULTING SERVICES THIS AMENDMENT (“Amendment”) is made on this 2nd day of March 2022, by and between the CITY OF SOUTH PASADENA (“CITY”) and HR DYNAMICS & PERFORMANCE MANAGEMENT, INC. (“CONSULTANT’).

RECITALS
WHEREAS, on November 30, 2021, the CITY and CONSULTANT entered into an Agreement for PROFESSIONAL SERVICES (“Agreement”) for CONSULTANT to complete and update to the city-wide compensation study for 86 job classifications, utilizing nine (9) comparable agencies; and
WHEREAS, the original Agreement was in the amount of $24,995, which included all expenses and project costs defined in the Scope of Services; and WHEREAS, the CITY desires to execute the first amendment to the Agreement to survey additional postions and assist staff with implementation of the results i; and WHEREAS, due to the addition in the scope of work the CITY desires to amend the Agreement to increase the amount needed for CONSULTANT to complete the survey.

NOW THEREFORE, THE CITY AND THE CONSULTANT AGREE AS
FOLLOWS:

1. That Section 2.4 “Maximum Amount” of the Agreement is hereby amended to read as follows:
“Maximum Amount”: The highest total compensation and cost payable to CONSULTANT by CITY under this agreement. The Maximum Amount under this Agreement is Forty Thousand Dollars ($40,000).

2. That Section 13 NOTICES of the Agreement is hereby amended to read as follows:
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Page 2 of 3 ends

If to City
Belinda Varela
HR and Risk Manager
City of South Pasadena
Management Services Dept
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 403-7312
If to Consultant
Rhona D. Strout-Garcia
Principal Consultant/Owner
HR Dynamics & Performance
Management, Inc.
461 Green Orchard Pl.

Riverside, CA 92506
Telephone: (951) 905-0025
With courtesy copy to:

Andrew L. Jared
South Pasadena City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd. Ste. 850
Pasadena, CA 91101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710

3. Exhibit A SCOPE OF SERVICES of the agreement is amended to reflect an addition to the scope of work as follows:
1) surveying the additional new classifications,
2) assisting the City with implementation of the survey results, and 3) responding to questions/challenges that may be presented by the associations once the data is shared during labor negotiations.

4. Exhibit B APPROVED FEE SCHEDULE of the agreement is amended a total fee amount of $40,000, to reflect the increase in contract amount by $15,000 for additional work to complete the additional scope of services.

5. All other terms, conditions, and provisions of the Agreement to the extent not modified by this Amendment, shall remain in full force and effect. 14 - 6

Page 3 of 3 ends

“City”
City of South Pasadena
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
HR Dynamics & Performance
Management, Inc.

By:______________________________
Signature
Printed:___________________________
Title:_____________________________
Date:______________________
Attest:

By:__________________________
Christina Muñoz, Deputy City Clerk
Date:________________________
Approved as to form:

By:___________________________
Andrew L. Jared, City Attorney
Date:________________________
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ATTACHMENT 2
Original Contract
14 - 8
14 - 9
R

DYNAMICS &

PERFORMANCE

MANAGEMENT

INVOICE FOR SERVICES RENDERED

PROFESSIONAL HUMAN RESOURCES CONSUL TING SERVICES

CITY OF SOUTH PASADENA
January 4, 2022
Consulting Services:

Completion of Update to the 2019 City-wide Compensation Study for 86 job classifications, utilizing nine (9) comparable agencies, per PSA and Scope of Work effective November 30, 2021.

INVOICE AMOUNT DUE: $24,995.00 (Inclusive of all expenses and represents project cost for defined scope of work)
PLEASE REMIT PAYMENT TO:

HR DYNAMICS & PERFORMANCE MANAGEMENT, INC.
461 GREEN ORCHARD PL
RIVERSIDE, CA. 92506
Thank You for the Opportunity to Provide Consulting Services to the City of South Pasadena!
14 - 10
DocuSign Envelope ID: 8AEF63FD-6940-4B63-8CBF-95832A4CA87C

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(City of South Pasadena /HR DYNAMICS & PERFORMANCE MANAGEMENT, INC.

IDENTIFICATION)
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between the City of South Pasadena, a California municipal corporation ("City"), and HR Dynamics & Perfonnance Management, Inc. ("Consultant").

1. RECITALS
I. I. City has detennined that it requires the following professional services from a consultant: for an update to the 2019 Total Compensation Study.

1.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

1.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (I) present a conflict of interest with the rendering of services under this Agreement under Government Code Section I 090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from perfonning the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

2. DEFINITIONS

2.1. "Scope of Services": Human Resources Consulting Services

2.2. "Agreement Administrator": The Agreement Administrator for this project is Rhonda D. Strout-Garcia and Principal Consultant/Owner. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant

2.3. "Approved Fee Schedule": Consultant's compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This Professional Services Agreement- Consultant Services
Approved For Use 11/15/16
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DocuSlgn Envelope ID: 8AEF83FD-6940-4B63-8CBF-95832A4CA87C fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

2.4. "Maximum Amount": The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Twenty Four, Nine Hundred and Ninety Nine Dollars $24,995.

2.5. "Commencement Date": November 16, 2021.

2.6. "Termination Date": November 12, 2022.

3. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11 :59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 ("Termination") below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

4. CONSULTANT'S DUTIES

4.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

4.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

4.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant's estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

4.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

4.5. Professional Standards. Consultant shall perform all work to the standards of Consultant's profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Professional Services Agreement - Consultant Services
Approved For Use 11/15/16
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OocuSlgn Envelope ID: 8AEF63FD-6940-4863-8CBF-95832A4CA87C Government Code § I 090 and the Political Refonn Act (Government Code § 8 I 000 et seq.).

4.6. Avoid Conflicts. During the tenn of this Agreement, Consultant shall not perfonn any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with perfonnance under this Agreement. However, City may consent in writing to Consultant's perfonnance of such work.

4. 7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perfonn the services identified in the Scope of Services. All such services shall be perfonned by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perfonn such services. HR Dynamics & Perfonnance Management, Inc. shall be Consultant's project administrator and shall have direct responsibility for management of Consultant's performance under this Agreement. No change shall be made in Consultant's project administrator without City's prior written consent.

4.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perfonn and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may tenninate this Agreement for cause.

4.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all pennits and regulatory approvals necessary for Consultant's performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment pennits and building and safety permits and inspections.

4.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant's firm or of any subcontractor. Change of ownership or control of Consultant's finn may require an amendment to this Agreement.

4.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546. 7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or Professional Services Agreement - Consultant Services
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DacuSlgn Envelope ID: 8AEF63FD-6941l-4B63-8CBF-95832A4CA87C as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

5. SUBCONTRACTING

5.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

5.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

5.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

5.4. Compensation for Subcontractors. City shall pay Consultant for work performed by its subcontractors, if any, only at Consultant's actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.

6. COMPENSATION

6.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

6.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

6.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

Professional Services Agreement - Consultant Services
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DocuSJgn Envelope ID: 8AEF63FD-6940-4BB3-8CBF-95832A4CA87C

6.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant. 6-5_ Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

6.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

6.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

7. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section I 720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Consultant shall defend, indemnify, and hold the City, tis elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

8. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material ("written products" herein) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

9. RELATIONSHIP OF PARTIES

9.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.

9.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not Professional Services Agreement-Consultant Services
Approved For Use 11/15/16
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DocuSlgn Envelope ID: 8AEF63FD-6940-4883.SCBF-95832A4CA87C represent that it is, or that any of its agents or employees are, in any manner employees of City.

9.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any · benefits_ City makes no representation as to the effect of this independent contractor relationship on Consultant's previously earned California Public Employees Retirement System ("CalPERS") retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation, and other applicable federal and state taxes.

9.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

10. INDEMNIFICATION
I I. I Definitions. For purposes of this Section 11, "Consultant" shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. "City" shall include City, its officers, agents, employees and volunteers.

11.4 Attorneys Fees. Such costs and expenses shall include reasonable attorneys' fees for counsel of City's choice, expert fees and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorneys' fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

Professional Services Agreement- Consultant Services
Approved For Use 11/15/16

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DocuSlgn Envelope ID: 8AEF63FD-6940-4B63-8CBF-95832A4CA87C 1 1 .5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers' compensation act or similar act.

Consultant expressly waives its statutory immunity under such statutes or laws as to City.

11. 7 Indemnification by Subcontractors. Cons.ultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant's behalf.

I 1.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant's indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

11. INSURANCE
1 I. I. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same.

11.2. Documentation oflnsurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate oflnsurance must include the following reference: Human Resources Consulting Services • Documentation of Best's rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

11.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:

Professional Services Agreement- Consultant Services
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DocuSlgn Envelope ID: 8AEF63FD-69411-4B83-8CBF-95832A4CA87C • General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $2,000,000
• Each Occurrence $2,000,000
• Fire Damage ( any one fire) $ 100,000
• Medical Expense (any I person) $ 10,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured.

Furthermore, the requirements for coverage and limits shall be the greater of (I) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

11.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form.

Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

11.5. Worker's Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

11.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, nonowned, and hired automobiles and, trucks.

11. 7. Claims-Made Policies. If any of the required policies provide coverage on a claimsmade basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.

I 1.8. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of South Pasadena must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions and Professional Services Agreement - Consultant Services
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DocuSlgn Envelope ID: 8AEF63FD-6940-4B63-<!CBF-95832A4CA87C Worker's Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant's insurance policies shall be primary as respects any claims related to or as the result of the Consultant's work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be noncontributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant's insurance at least as broad as ISO Form CG 20 IO 11 85 or both CG 20 10 and CG 20 37.

11.9. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

I 1.10. Notices. Contractor shall provide immediate written notice if(!) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days' notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of South Pasadena, Attn: Lucy Demirjian, Director of Management Services, South Pasadena, CA 95945.

11.11. Consultant's Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.

I I. 12. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

I I. 13. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant's insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.

Professional Services Agreement - Consultant Services
Approved For Use 11/15/16
Page9of14
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DocuSlgn Envelope ID: 8AEF63FD-6940-4B63-8CBF-95832A4CA87C

11.14. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

11.15. Duty to Defend and Indemnify. Consultant's duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.

12. MUTUAL COOPERATION

12.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant's services under this Agreement.

12.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant's performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

13.NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant's and City's regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below ( or to such other addresses as the parties may, from time to time, designate in writing).

Ifto City
Lucy Demirjian
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 403-7213
Facsimile: (626) 403-7241
lfto Consultant
Rhonda D. Strout-Garcia
Principal Consultant/Owner
HR Dynamics & Performance Management,
Inc.
461 Green Orchard Pl, Riverside, CA 92506
Telephone (951) 905-0025
Professional Services Agreement - Consultant Services
Approved For Use 11/15/16

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14 - 20
DocuSign Envelope ID: 8AEF63FD-6940-4863-8CBF-95832A4CA87C With courtesy copy to:

Andrew Jared
South Pasadena City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd. Ste. 850
Pasadena, CA 91 101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710

14. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph I 0.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph

12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), and paragraph I 8.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

15. TERMINATION
I 5.1. City Termination. City may terminate .this Agreement for any reason on five calendar days' written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

I 5.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days' notice.

I 5.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

I 5 .4. Remedies. City retains any and all available legal and equitable remedies for Consultant's breach of this Agreement.

16. INTERPRETATION OF AGREEMENT
Professional Services Agreement-Consultant Services
Approved For Use 11/15/16
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DocuSign Envelope ID: 8AEF63FD-6940-4863-BCBF-95832A4CA87C

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

16.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

16.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

16.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

16.S. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

16.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

17. GENERAL PROVISIONS

17.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

17.2. Conflicts oflnterest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has Professional Services Agreement - Consultant Services
Approved For Use 11/15/16

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14 - 22
DocuSlgn Envelope ID: 8AEF63FO-ll940-4B63-8CBF-95832A4CA87C not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City's Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

17.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

17.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.
17 .5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

17.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

17. 7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

17.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

17.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

Professional Services Agreement - Consultant Services
Approved For Use 11/15/16

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DocuSign Envelope ID: 8AEF63FD-6940-4863-8CBF-95832A4CA87C

17.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

17.11. Attorneys' Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award ofreasonable attorneys' fees and costs expended in the action.

17.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City" "Consultant"
City of South Pasadena HR Dynamics & Performance Management, ~17£.

By: ____ ~----------
Signature ::; c;c:7::·$/r6~-wci~ 6A:204/t5ETI <59436 ...

Printed: Armine Chaparyan
Title: City Manager
Signature
Rhonda Strout-Garcia Printed: ____________ _
Title: Principal consultant
Date: 11/30/2021
Date: 11/29/2021
Attest: 111 j J A
By:(~
Christina M uiioz
Acting Deputy City Clerk
Date: \ l /30 f Wll
Professional Services Agreement - Consultant Services
Approved For Use 11/15/16

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14 - 24
DocuSign Envelope ID: 8AEF63FD-6940-4863-8CBF-95832A4CA87C

PROPOSAL FOR COMPENSATION STUDY

CITY OF SOUTH PASADENA
HR DYNAMICS & PERFORMANCE MANAGEMENT, INC.

November 16, 2021
HR Dynamics & Performance Management, Inc. is pleased to provide the City of South Pasadena with a proposal for professional Human Resources Consulting services.

SCOPE
The City of South Pasadena has expressed the need to conduct a City-wide Total Compensation Study. The Study shall include up to 85 job classifications, utilizing nine (9) comparable agencies:
•Defined work shell be performed Independently by the Consultant, who shall determine the manner and means In which to schlevs tho described work products.

METHODOLOGY
Step I - Preparation/Data Collection

1. Identify key Human Resources contacts within each comparable agency for liaison purposes with regard to data collection and issues of clarification.

Contact the liaisons to obtain support for salary and benefit survey participation.

2. Research and identify preliminary data publically available via website information, including salary resolutions/schedules, and organizational charts.

Step 2 - Total Compensation Survey

1. Conduct salary and benefits survey with prescribed comparable agencies utilizing prior job matching conducted in the City's 2019 total compensation survey; research and determine new comparable classes for any job matches (classifications) no longer in existence in the comparable agencies. 14 - 25
DocuSign Envelope ID: 8AEF63F~940-4B63-8CBF-95832A4CA87C .. ;,:
::··r:· •f''.-.f::· :~~~l!~!~\~;~~titl~J;11Mtii~ffr~~lijfft.::~•i•!/;q,7ttf~fj~~~1rr:1~~:~1~:,~~1i{1~{~~-liifllti11~11

2. Review approximately 53 MOU's for the prescribed nine comparable agencies; extract benefits data-and City-paid costs consistent with the City's 2019 total compensation survey; prepare a summary document listing each agency's MOU's and benefit provisions to Include Deferred Comp matching, Cafeteria Plan (Health/DentalNlslon); Retirement; Retirement Pickup; and CalPERS Formula; enter benefit data Into the total-compensation survey templates for each job classification.

3. Obtain salary schedules for each of the prescribed comparable agencies, and extract base salary data for the City's 85 job classifications; enter salary data Into the total-compensation survey templates for each Job classlflcatlon.

4. Conduct follow-up with comparison agencies to obtain requested data when otherwise not available on-llne.

5. Compile and analyze survey data; compute market averages for both base salary and total compensation.

Step 3 - Preliminary and Final Reports

1. Prepare executive summary describing base salary and total compensation survey results.

2. Prepare and submit draft report to the City Manager and Human Resoun::es/Rlsk Manager consisting of Individual pages for each classification, and a cover page/executive summary of the process and results; receive feedback and make necessary adjustments.

3. Prepare and submit filial report.

CONSIDERATION
For the services described above, the fee shall consist of a flat rate of $24,995, Inclusive of all expenses.

Fees are estimated as follows:

Salary collection @ 2.5 hours per agency for
nine (9) agencies
Benefit data collection/extraction/data entry @

2.5 hours per MOU (x54 MOU's)
Calculations, analysis and report preparation
23 hours
135 hours
27 hours
Approximately 185 hours@$135/hour
14 - 26
DocuSign Envelope ID: 8AEF63F~940-4B63-8CBF-95832A4CAB7C

AGREEMENT
•

ARMINE CHAPARYAN,
City Manager
~ ,0 -~-.,{) '1(.."4,1A,,,
RHONDA D. STROUT-GARCIA,
Principal Consultant/owner
City of South Pasadena HR Dynamics & Performance
Management, Inc.
11/22/2021
Date Date

BVNAMICS &

PERFORMANCE

MANACEMENT
HR DYNAMICS & PERFORMANt:E MANAGEMENT, INt:.

Henry T. Garcia, Principal Consultant
Rhonda D. Strout-Garcia, Prine/psi Consultent
Premier Consulting Services provided by Seasoned Public Sector Professionals Customized to Meet the Client's Needs
14 - 27
DocuSign Envelope ID: 8AEF63FD-6940-4B63-8CBF-95832A4CA87C W 9 Request for Taxpayer =:1-1ov..,;2017J Identification Number and Certification Give Form to the requeater. Do not
send.to the IRS. Olpt<tinenl af theTmsu,y
1n1ema1 -- Goto --lt&"ov/Fonnll/9 for lnltruG11ona and the IIINt Information. 1 Name (aa lllown an your Income ia. -~ Nmne 18 n,qulnod an thla Uno; cfo not raave thla Uno blank.

HR namlcs & Performance Mana ment Inc.

I Bualneaa name/dlaregarded entity name, ff dlllnnt lrom above "'t' a Chock apprvpriate bo• fer federal ia. claslflc:atlon of tho poraon - name 18 enhrted on line 1, Check only ano of tho 4 EKemptlono (-apply only to followlng seven boKea. · oertoln on-. not lndl\llduala: 111 lnotn/Ctlonoan-11): Is O lndMdual/aola pn,prtetor or O C corporation 121 s Corporation O Partnerahlp O Trual/-18 ii alngl•mamberUC ,i O Limited llablllly compony, Entet the WI clasolllcallon (Ca() COIJ)0flltlon, 8"8 corporation, P•Partnanhlp) ►--- 15 -Chock tho appropr1ate box In the Uno above fer the Wlolaaalllca1fon of the slngle-mlmber-. Do not chock Extrnptlanlrom FATCA,_iing Exempt payoa code or an» __ _
1; UC ff Iha UC la ClaSlfflod u a alngl,t,mamblr UC the! la dlsnrgarded lrom the owner-the owner of the UC II code (II anil jf anottrarUCthal 181111~ from the-for U.S. fadaral WI purpooa. Olherwlat, 1 lllngle--LLC 1h11 ------ 1 I• cflaroga,ded frcm lho owner lhould ohoct< the -",!a bole for Iha tax claa8lflcatlon of.lte ownor, Otha, (Ha lnalnlcllona) ► _., ___ ,_WI/ ·1 Addroaa (numbet, •-• and opt. or 8Ulta no,) Sea inl!Nationa. Roq.-a name and addtna (optlonal) J 461 Green Orchard Place
8 City, otata, and ZIP code
Riverside CA 92506
7 Lia! account numbl!(o) tin (optlonal}
er ldentlflcatlon Number N
Enlar yaur TIN In Iha appropriate box. 111a TIN p,0'llded must match lhe name given on line 1 to avoid baokup wtlhholdlng. For lndlvldualt, lhlala generatlY your 80Clal aacurlt), number (SSN), Ho-, for a realde(lt alien, 11011 proprietor, or dlaragardacfentlfy, aee Iha. lnstNCtlona for Part I, later. For other ent111ea, It la.your employer ldanllflca1lon rnin\bar (EIN). ff you do not have a number, see How to ,at a TIN, later, · or
Note: If Iha account la In l110l8 than one name, see Iha lnatructlona tor line 1. Alao aee Wllat Name and Murtber To Give f/18 Rsqueaterfor guldellnes on whose number to enter. e1111111srer11c1111un11t11n l'UIIINr
46 -5479297
Certification
Under panalllea of perjury, I oertlf)I that

1. The number &hown on this farm la my ccrrect taxpayer Identification numbtH' (or I am walUng for a number to be laaued to me): and 2, I am not aubject to backup wtlhholdlng be<:auoa: (a) I am exempt Imm backup withholding, or (b) I have not been notified by the Internal Revenue Sarvlce ORS) that I am subject to backup Withhold Ing aa a result of a lallura to report all I-or dtvldanda, or (o) lhe IRS has natlfted ma,that I am no longer aubfect to backup withholding; and

3. I am a U.S. citizen or other U.S. pe110n (daflned below); and 4, The FATCA code(a) entered on this farm (If any) Indicating that I am exempt Imm FATCA reporting la-.

Celllllcatlon lnslnl.U-. You muet oroaa out ltam 2 above ff you have been notlfled by Iha IRS that you are cunently aubJIOI to backup wllhholdlng becaula you have Isled to report all ln18r881 and dMdanda on your tax retum. For real estate tranaactlone, Item 2 doea not apply. For mcctgage I-paid, acqulaltlon or abandonment of eacured proparty, cancallatlon of debt, oontrtbutlona to an Individual retirement anangement ORAi, and generally, paymenta other than lntenlst and dMdencla, you ara not required to stgn·lhe c:artlllcatlcn, but you muet provide your COIYIOrnN. See the lnatruc:1!ona for Part II, latal'. ~= I ► ~ o.~ ► 11 {II,/~~,
General Instructions
Section nlferancea an, to 1he Internal Revenue Code unleaa otherwise noted;
Futute development■• For the lataat lnfomlallon about developments related to Form W•9 and Its lna!Notiona, suoh 89 laglslatlon anaoted after tha)I were pubRahad, go to www.fla.gov/ForrnW9.

Purpose of Form
An Individual or entity (Fenn W•S raqueste~ who Is required lo file an Information retum with the IRS muat obtain your com,ct taxpayer ldentlfloatlon number (TIN) Which may be your social aecurtty number (SSN),
~
Individual taxpa}'er ldenllfloa!lon number (111N), adoption ldentfflcatlon number (AllN), or amployor ldantlflcation number (EIN), to report en an Information retum ttte amount paid to you, or other amount reportable on an lnlonnatlon ratum. Examples of lnlonnatlon retuma lnolude, but are not llmltad to, the tollowlng.
• Form 1099-INT Qntereat earned or paid)
Cat. No. 10231X
• Fonn 1099-DIV (dtvldcmda, lndudlng thoee frorn stoclca or mutual lunda)
• Fonn 1088-MISC (various typee of Income, prizes, awards, or gross pn,ceada)
• Form 1099-B (stook or mutual fund aalaa and certain other tranaactlona by brokera)
• Form 10911-S (prooeeda from raal - tranaacl!ona)
• Form 1099-K (men:hant card and third par!y natwO!k transaotlone) • Form 1098 (home mortgage lnteraat), 1098-E (studerrf lean 1.-1), 1098-T (tuition)
• Form 1088-C (cancelecl debt)
• Fonn 10911-A (acquisition or abandonment of oaoured proporty) uae Form .W•9 only If you an, a U.S. pe1110n (Including a r88ldent alien), to provide your correct TIN.

If you do not relum Form w-9 to the l8ql/eOlllr wtth a TIN, you might be aub}ect to backup w/thha/dfng, See What la backup withholding, IBter.

Form W•9 (lleV, 11-20171
15 - 1
15 Measure M Subregional Program Funding Project List Approval March 2, 2022

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Infrastructure Commission (MTIC) on November 16, 2021. Upon Council’s approval, staff will submit the project list to the Arroyo Verdugo Communities Technical Advisory Committee (AVCTAC) for feedback in March 2022, before consideration by the AVCJPA Governing Board in June 2022, and expected Metro approval in November 2022. The projects are also represented in the Fiscal Year (FY) 2022-2027 Capital Improvement Program (CIP) to be adopted in 2022.

Analysis
With a current funding limitation of $1.7M, and multiple projects to be submitted to the AVCJPA, the project list has been prioritized as shown below. Once funding is committed by the AVCJPA in 2022, project related work may begin, including any necessary feasibility studies, detailed cost estimates, designs, and construction. Staff will work to minimize the project implementation cost; however, the available funds may not be sufficient to execute all the projects recommended by the MTIC. As a result, project prioritization would ensure the MTIC’s input is recognized when funding is allocated in part, if not to the entirety of the project list. Staff will work to identify additional funding sources and capital improvement project synchronization to further support financial backing for these projects.

The prioritized proposed project list includes:
(1) Orange Grove Avenue Widening from Oliver Street to Arroyo Seco Parkway Combined with funding from Metro Measure R Mobility Improvement Projects, these improvements would install a second continuous southbound lane on the west side of Orange Grove Avenue by modifying the adjacent right-of-way, mainly the west curb and parkway. In its present configuration, moving southbound along Orange Grove from Columbia Street, the western southbound lane abruptly narrows and then ends south of Oliver Street. This abrupt merging of the lanes creates challenging navigation for drivers, especially those destined for the southbound Arroyo Seco Parkway, which appears to be the predominate pathway of many traveling in this direction. The new western southbound lane would terminate into the southbound Arroyo Seco Parkway entrance right-turn lane. An added benefit of the project and its modifications to the western parkway include relocating the ornamental parkway street lamps, which have occasionally been struck, given their proximity to passing vehicles. Significant negative impacts to pedestrian usage of the parkway are not expected, as there exists a wall along most of the route, where no homes are fronted on Orange Grove Avenue. The Metro Measure M MSP funding request for this project is $500,000, potentially supplemented with Metro Measure R Mobility Improvement Project funds. (2) Columbia Street Striping and Signals from Columbia Place to West of Orange Grove Avenue
Combined with funding from Metro Measure R Mobility Improvement Projects, these improvements would restripe Columbia Street to add a two-way centered turn 15 - 2
Measure M Subregional Program Funding Project List Approval March 2, 2022

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lane, and various traffic signals improvements along the corridor, without any significant reduction in parking. At present, Columbia’s wide two-lane configuration promotes speeding and disorderly traffic flow. In addition, the lack of a turn lane leads to congestion behind left-turning vehicles accessing lateral streets or driveways. The addition of continuous edge lines, left turn pocket lanes at intersections, and continuous turn lanes to service driveways between intersections, is expected to guide drivers, mitigate turning conflicts, and manage speed in the narrowed east and west through lanes. At the ends of the project east of Columbia Place near Fair Oaks, and west of Orange Grove, the center turn lane narrows to taper into the existing double yellow center line. The planned project also addresses improvements to the offset intersection along Columbia St at Fremont Ave and Pasadena Ave, realigning the lanes to promote orderly movement through the intersection, and the left-and-right-turn lane pockets. The improvements are not expected to remove any existing parking, with the exception of adding a red curb along the large-radius curved Pasadena/Columbia intersection northeast corner, clarifying that parking is prohibited in the intersection right-turn lane. Coordination with Caltrans and the City of Pasadena are necessary to reconfigure this intersection, as well as upgrades to the signal and equipment modernization. Signal improvements and equipment modernization at Orange Grove Avenue, including the addition of a west-to-southbound protected left-turn arrow, where eastbound and westbound movements are separately phased, is expected to improve safety for eastbound vehicles and pedestrians in the southern crosswalk. The Metro Measure M MSP funding request for this project is $300,000, potentially supplemented with Metro Measure R Mobility Improvement Project funds for the signal upgrades, and supplemented by City of Pasadena equitable contributions.
(3) Garfield Avenue and Monterey Road Traffic Signal
The project consists of an installation of a traffic signal at the currently all-way stop controlled intersection. At present, the intersection inefficiently requires drivers to proceed and stop multiple times before reaching the intersection. The analysis would include a traffic study as well as coordination and potential cost sharing with the City of San Marino. The Metro Measure M MSP funding request for this project is $400,000.
(4) Grevelia Street and Fair Oaks Avenue
The project would provide a traffic safety improvement to better accommodate the westbound to northbound two-lane right-turn movement from Grevelia Street to Fair Oaks Avenue. Expanding the current approximate 12-foot curb radius to a 25-foot curb radius would encapsulate the area containing an exposed truncated dome pad, and guide vehicles away from striking the curb or interfering with the path of an adjacent turning vehicle. The expanded northern curb radius would be accompanied by shifting the eastern Grevelia striping southward, removing the 15 - 3
Measure M Subregional Program Funding Project List Approval March 2, 2022

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parking in this area, and consolidating eastbound Grevelia to one lane.

Coordination with Caltrans to restrict the northern SR-110 off-ramp lane from traveling eastbound would accommodate the lane reduction east of the intersection.

This may require additional funding from Metro Measure R Mobility Improvement Projects. This change would modify the northern off-ramp lane to a left-turn only, which is the existing predominate use, and better align the west and east sides of the intersection until a future SR-110 off-ramp project offers a permanent alignment.

In addition to the curb reconfiguration and restriping, the existing switchback eastwest access ramp would be converted to a conventional north-south long-slopped ramp by moving the northbound mast-arm signal pole approximately 10 feet to the north. The “No Turn on Red” sign along westbound Grevelia would likely be replaced with a “No Right Turn” blank-out LED sign that displays the “No Right Turn” sign when the opposing off-ramp is emptying on a green light. The LED sign is not visible at other times, allowing a right-turn on red to improve traffic flow. The Metro Measure M MSP funding request for this project is $200,000. (5) Rectangular Rapid-Flashing Beacons (RRFBs)
The project consists of the installation of RRFBs at the following locations at an approximate cost of $322,624:
• Fair Oaks Avenue at Spruce Street
• Huntington Drive at Court Avenue
• Huntington Drive at Maple Street
• Meridian Avenue at Bank Street
• Huntington Drive at Wayne Street marked crosswalk removal, as it lacks pedestrian controls, and there is not a bus transit stop at this location. (6) Meridian Avenue and Oak Street Realignment
Where any portions of the above projects are deemed infeasible, a reserve project for funding consideration includes the realignment of the southern curb line of Oak Street near Meridian Avenue to relocate the marked crosswalk to north of its current location, and at a right angle to the curb. The realignment would require relocation and reconstruction of the access ramp and catch basins at the intersection. (7) Meridian Avenue Americans with Disabilities Act (ADA) Compliant Curb Ramps from Kendall Avenue to Gillette Crescent
Where any portions of the above projects are deemed infeasible, a reserve project for funding consideration includes the installation of ADA compliant curb ramps along Meridian Avenue, where absent, or not included in another capital project. 15 - 4
Measure M Subregional Program Funding Project List Approval March 2, 2022

Page 5 of 6 ends

Fiscal Impact
Approximately $1.7M is available over seven years (FY 2016-2017 to FY 2023-2024) to the City of South Pasadena for transportation projects through the AVCJPA Measure M MSP Program. The Program funding has been allocated on a per capita basis through the AVCJPA to the City. This funding can be applied to traffic studies, environment assessments, design, and construction costs of the proposed projects, as shown below:

Priority Project
7 Year MSP
(FY 2016-2017 to
FY 2023-2024)
1 Orange Grove Avenue Widening from Oliver
Street to Arroyo Seco Parkway
$ 500,000
Note (1)
2 Columbia Street Striping and Signals from
Columbia Place to West of Orange Grove
Avenue
$ 300,000
Note (2)
3 Garfield Avenue and Monterey Road Traffic
Signal
$ 400,000
Note (3)
4 Grevelia Street and Fair Oaks Avenue $ 200,000
Note (1)
5 Rectangular Rapid-Flashing Beacons (RRFBs) $ 322,624
6 Meridian Avenue and Oak Street Crosswalk
Realignment Note (4)
7 Meridian Avenue Americans with Disabilities Act
(ADA) Compliant Curb Ramps from Kendall
Avenue to Gillette Crescent
Note (4)
TOTAL $1,722,624
Notes:
(1) Potentially supplemented with Metro Measure R Mobility Improvement Project funds.
(2) Cost sharing with the City of Pasadena and signal improvements potentially supplemented with Metro Measure R Mobility Improvement Project funds. (3) Cost sharing with the City of San Marino.
(4) Reserve project for funding consideration where any portions of the above projects are deemed infeasible.

In October of 2021, Metro released their MSP funding estimates for Years 8 and 9 (FY 2024-2025 and FY 2025-2026), including $537,150 allocated to South Pasadena in addition to the currently un-programmed $1.7M.
15 - 5
Measure M Subregional Program Funding Project List Approval March 2, 2022

Page 6 of 6 ends

Commission Review and Recommendation
The project list was reviewed, prioritized, and approved by the Mobility and Infrastructure Commission (MTIC) on November 16, 2021.

Environmental Analysis
This project is exempt from the California Environmental Quality Act (CEQA) analysis based on State CEQA Guidelines Section requirements under Section 21084 of the Public Resources Code, in accordance with Article 19, Section 15301, Class (1) "existing facilities."
15 - 6
16 - 1
16 DATE:

FROM:

PREPARED BY:

City Council
Agenda Report
March 2, 2022
Armine Chaparyan, City Manager ~
Lucy Demirjian, Management Services Director
ITEM NO. --
SUBJECT: Public Hearing to Receive Public Input Regarding Communities of Interest Related to Redistricting for South Pasadena City Council Districts
Recommendation
It is recommended that the City Council:

1. Receive a report from staff and the demographer on the redistricting process and permissible criteria to be considered to redraw district boundaries;

2. Conduct a public hearing to receive public input on district boundaries; and

3. Provide direction on proposed district map and next steps.

Background
Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have nearly equal population. The redistricting process for the City of South Pasadena must be completed by April 17, 2021.

The City adopted its current district boundaries on October 4, 2017 (Ordinance No. 2318), changing from at-large to district-based elections with respect to electing members of the City Council. The City Council adopted a final District Elections map comprised of five districts. The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020.

Under the Act, the district boundaries adopted by the City Council shall comply with following criteria in the listed order of priority (Elections Code 21601(c) for general law cities / 21621 ( c) for charter cities):

1. Substantially equal in populatio'n;

2. Geographically contiguous;

3. Undivided neighborhoods and "communities of interest;"

4. Easily identifiable boundaries; and
Redistricting – Public Hearing
March 2, 2022

Page 2 of 4 ends

5. Compact (do not bypass one group of people to get to a more distant group of people)
More importantly, the adopted maps cannot favor or discriminate against a political party, incumbent, or political candidate.

Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

1. Minimize the number of voters delayed from voting in 2022 to 2024;

2. Respect voters’ choices / continuity in office; and

3. Future population growth.

By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
• At least one hearing must occur before the City draws draft maps. • At least two hearings must happen after the drawing of draft maps. • The fourth hearing can happen either before or after the drawing of draft maps. • City staff or consultants may hold a public workshop instead of one of the required public redistricting hearings.

To increase the accessibility of these hearings, the City must take the following steps:
• At least one hearing must occur on a Saturday, Sunday, or after 6 p.m. on a weekday.
• If a redistricting hearing is consolidated with another local government meeting, the redistricting hearing portion must begin at a pre-designated time. • Local public redistricting hearings should be made accessible to people with disabilities.

The public hearing process consists of two phases: 1) phase one seeks public input regarding communities of interest and 2) phase two seeks public input regarding election district boundaries. During the entire process, City staff and the demographer will inform the public about the redistricting process and teach them how to use the mapping tools.

A “community of interest” under the relevant Elections Code for cities (Section 21601(c) / 21621(c)] is “a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.

Communities of interest do not include relationships with political parties, incumbents, or political candidates.”
Possible features defining a community of interest might include, but are not limited to:

A. School attendance areas;
B. Natural dividing lines such as major roads, hills, or highways; 16 - 2
Redistricting – Public Hearing
March 2, 2022

Page 3 of 4 ends

C. Areas around parks and other neighborhood landmarks; D. Common issues, neighborhood activities, or legislative/election concerns; and
E. Shared demographic characteristics, such as:
(1) Similar levels of income, education, or linguistic insolation; (2) Languages spoken at home; and
(3) Single-family and multi-family housing unit areas.

Summary
The City commenced the redistricting process in September, 2021 with the assistance of a demographer, National Demographics Corporation (NDC), and communications consultant, Tripepi Smith. The City has conducted comprehensive outreach to engage community stakeholders (Attachment 3). Efforts to date include:
• Dedicated webpage on redistricting with information on the process, schedule, and mapping tools.
• Social media, phone and email outreach promoting educational material on redistricting, including press releases, flyers and videos. • Direct contact with community-based organizations via phone to inform them of the redistricting process and how to get involved.
• October 28, 2021 virtual community workshop about redistricting and communities of interest. Recording made available on the City website. • Public Hearings held November 17, 2021 and January 19, 2022 to gather public input on neighborhoods and communities of interest.
• Community survey encouraging residents to share their communities of interest through the City’s redistricting website.
• Mailer sent to all South Pasadena residents on January 14, 2022 with information on the redistricting process and schedule.
• January 31, 2022 virtual community workshop to review redistricting process, gather input on neighborhoods and communities of interest, and demonstrate the various mapping tools. Recording is available on the City website.

On November 17, 2021, the City Council held its first public meeting to receive a report on the redistricting process and permissible criteria to be considered to redraw district boundaries. Public input on communities of interest was also gathered during the meeting as well as an introduction to the City’s redistricting website. Following the first public hearing, the City launched a survey asking residents to identify their communities of interest, which are communities that should remain intact in the redistricting process.

Survey results and comments received throughout the process will be posted to the City’s redistricting website. In addition, the online and paper mapping tools are now available for residents to draw their own maps for City Council to consider for adoption.

Informational mailers were sent to residents early January to provide a brief explanation of the process, availability of mapping tools, and upcoming public meeting dates.

On January 19, 2022, the City Council conducted a second public hearing to seek additional public input on communities of interest, the composition of maps, and to 16 - 3
Redistricting – Public Hearing
March 2, 2022

Page 4 of 4 ends

review the available public mapping tools. Following that hearing, a virtual community workshop was held on January 31, 2022 to demonstrate the various public mapping tools to the public.

Draft maps received by the February 18, 2022 deadline have been posted to the City’s website and were made available at City Hall seven (7) days prior to the hearing as required by law (Attachment 1). NDC will present the draft maps and indicate those that meet criteria, such as population balance and geographical contiguity. Once the prioritized criteria are met, other traditional districting principles can be considered. The public hearing will seek input on favorable maps and narrowing down the draft map options.

Fiscal Impact
The FY 2021-22 Budget includes funding for the demographic consultant, outreach and meeting facilitation services, and translation services in the Elections Account 101- 1020-1022-8170.

Next Steps
Following tonight’s hearing, and upon direction from the City Council, draft district maps under consideration will be designated on the City website and available at City Hall.

Public input on maps is encouraged throughout the process.

Public Hearings #4 is scheduled to be held on March 16 at 7:30 p.m. to review draft maps and consider adoption of a final district map in advance of the April 17, 2022 deadline. Since the district map established in 2017 was adopted by ordinance, a first reading and introduction (March 16) and second reading and adoption (April 6) of an ordinance will be required to ratify the new boundaries.

The adopted district map will be in effect for the next regular municipal election in November 2022.

Public Noticing
A Public Hearing Notice was Published February 18, 2022 in the South Pasadena Review.

Attachments:

1. Draft maps

2. PowerPoint Presentation

3. Outreach report
16 - 4
ATTACHMENT 1
Draft maps
16 - 5
16 - 6
South Pasadena Redistricting 2022
Public 101 , .... ,' .... , I ' I '
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-- Railroad
Streets
©2021 CALIPER [::: Current Districts
Public 101
District 1
Total Pop 5,175
Deviation from ideal -229
% Deviation -4.24%
% Hisp 23.1%
% NH White 37%
% NH Black 4%
% Asian-American 32%
Total 2,906
% Hisp 17%
% NH White 55%
% NH Black 8%
% Asian/Pac.Isl. 20%
Total 3,066
% Latino est. 21%
% Spanish-Surnamed 19%
% Asian-Surnamed 14%
% Filipino-Surnamed 2%
% NH White est. 57%
% NH Black 8%
Total 2,647
% Latino est. 20%
% Spanish-Surnamed 18%
% Asian-Surnamed 14%
% Filipino-Surnamed 2%
% NH White est. 57%
% NH Black 8%
Total 1,781
% Latino est. 20%
% Spanish-Surnamed 19%
% Asian-Surnamed 13%
% Filipino-Surnamed 2%
% NH White est. 58%
% NH Black est. 8%
ACS Pop. Est. Total 4,799
age0-19 30%
age20-60 57%
age60plus 13%
immigrants 24%
naturalized 50%
english 67%
spanish 10%
asian-lang 19%
other lang 4%
Language Fluency Speaks Eng. "Less than Very Well" 10%
hs-grad 21%
bachelor 33%
graduatedegree 37%
Child in Household child-under18 47%
Pct of Pop. Age 16+ employed 70%
income 0-25k 12%
income 25-50k 9%
income 50-75k 14%
income 75-200k 49%
income 200k-plus 17%
single family 42%
multi-family 58%
rented 65%
owned 35%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

1.87%
14%
29%
3%
52%
3,652
11%
44%
4%
42%
3,804
11%
11%
36%
1%
48%
4%
3,329
11%
10%
35%
1%
49%
5%
2,601
11%
11%
31%
1%
52%
5%
5,158
23%
53%
24%
28%
73%
64%
8%
26%
2%
14%
19%
34%
33%
36%
67%
6%
7%
9%
39%
39%
81%
19%
30%
70%
4 5,671
267

4.94%
22%
31%
3%
42%
3,497
22%
46%
2%
31%
3,693
19%
18%
23%
2%
55%
1%
3,174
19%
17%
22%
2%
56%
2%
2,379
19%
18%
19%
1%
59%
1%
5,353
28%
56%
17%
28%
63%
61%
14%
23%
2%
15%
23%
35%
29%
38%
71%
14%
12%
14%
40%
21%
49%
51%
60%
40%
5 5,461
57 1.05%
20%
46%
2%
30%
3,736
18%
61%
0%
21%
3,910
15%
14%
18%
1%
66%
0%
3,488
14%
13%
18%
1%
67%
0%
2,842
13%
13%
16%
1%
70%
0%
5,110
23%
57%
20%
21%
66%
71%
9%
15%
5%
8%
22%
35%
35%
31%
70%
7%
16%
11%
44%
23%
64%
36%
49%
51%
Total
27,020
496

9.18%
21%
36%
3%
38%
17,366
18%
50%
4%
28%
17,817
17%
16%
22%
1%
56%
4%
15,529
17%
16%
21%
1%
57%
4%
11,664
17%
16%
19%
1%
60%
4%
25,664
26%
55%
19%
25%
63%
66%
11%
20%
3%
12%
21%
33%
34%
37%
70%
10%
11%
12%
43%
24%
56%
44%
53%
47%
02/21/2022 14:51 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
16 - 7
I I
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16 - 8
South Pasadena Redistricting 2022
Public 102 , ....... , .. , ' , '
r----r----------------:----------------r '\ ~ .. I I / I \ I , I I .,,_Cb, I \I ' \ \ 'Z°/ I \j I
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'----- - - - - - - - - - - - - - - - - - - - ----------- _..J.. _ ---- I --..I-------- - - --- --- --- - - ---- - ---- ©2021 CALIPER
Water Area
-- Railroad
Streets
[::: Current Districts
Public 102
District 1
Total Pop 5,432
Deviation from ideal 28
% Deviation 0.52%
% Hisp 23.0%
% NH White 38%
% NH Black 4%
% Asian-American 33%
Total 3,377
% Hisp 18%
% NH White 54%
% NH Black 7%
% Asian/Pac.Isl. 21%
Total 3,332
% Latino est. 21%
% Spanish-Surnamed 19%
% Asian-Surnamed 14%
% Filipino-Surnamed 1%
% NH White est. 57%
% NH Black 7%
Total 2,905
% Latino est. 20%
% Spanish-Surnamed 19%
% Asian-Surnamed 14%
% Filipino-Surnamed 1%
% NH White est. 58%
% NH Black 7%
Total 1,935
% Latino est. 21%
% Spanish-Surnamed 19%
% Asian-Surnamed 12%
% Filipino-Surnamed 1%
% NH White est. 58%
% NH Black est. 8%
ACS Pop. Est. Total 5,459
age0-19 30%
age20-60 57%
age60plus 14%
immigrants 22%
naturalized 49%
english 68%
spanish 10%
asian-lang 17%
other lang 5%
Language Fluency Speaks Eng. "Less than Very Well" 9%
hs-grad 20%
bachelor 29%
graduatedegree 41%
Child in Household child-under18 42%
Pct of Pop. Age 16+ employed 72%
income 0-25k 13%
income 25-50k 9%
income 50-75k 12%
income 75-200k 49%
income 200k-plus 17%
single family 39%
multi-family 61%
rented 67%
owned 33%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 5,383
-21
-0.39%
26%
36%
3%
31%
3,369
24%
44%
5%
27%
3,341
21%
19%
15%
2%
56%
5%
2,861
20%
19%
15%
2%
57%
5%
2,086
21%
20%
13%
2%
58%
5%
5,032
27%
55%
19%
26%
63%
63%
14%
20%
2%
13%
21%
34%
33%
36%
70%
11%
11%
16%
40%
23%
51%
49%
52%
48%
3 5,449
45 0.83%
14%
29%
3%
52%
3,627
10%
44%
4%
42%
3,784
11%
11%
36%
1%
48%
4%
3,310
11%
10%
35%
1%
49%
5%
2,584
11%
11%
32%
1%
52%
5%
5,096
23%
53%
24%
28%
73%
64%
8%
26%
2%
14%
19%
34%
33%
36%
67%
6%
7%
9%
39%
39%
81%
19%
30%
70%
4 5,420
16 0.30%
22%
31%
3%
42%
3,200
23%
44%
2%
31%
3,562
19%
18%
24%
2%
54%
2%
3,063
19%
17%
23%
2%
55%
2%
2,281
19%
18%
19%
1%
59%
2%
4,920
27%
57%
16%
29%
63%
61%
13%
24%
2%
16%
24%
35%
28%
37%
73%
14%
12%
13%
44%
17%
47%
53%
64%
36%
5 5,336
-68
-1.26%
19%
46%
2%
30%
3,793
17%
62%
0%
20%
3,798
15%
14%
18%
1%
67%
0%
3,390
15%
14%
17%
1%
67%
0%
2,778
14%
13%
15%
1%
70%
0%
5,156
23%
56%
21%
20%
65%
72%
10%
13%
5%
8%
22%
35%
35%
31%
69%
6%
16%
11%
41%
25%
65%
35%
47%
53%
Total
27,020
113

2.09%
21%
36%
3%
38%
17,366
18%
50%
4%
28%
17,817
17%
16%
22%
1%
56%
4%
15,529
17%
16%
21%
1%
57%
4%
11,664
17%
16%
19%
1%
60%
4%
25,664
26%
55%
19%
25%
63%
66%
11%
20%
3%
12%
21%
33%
34%
37%
70%
10%
11%
12%
43%
24%
56%
44%
53%
47%
02/21/2022 15:09 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
16 - 9
I I
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16 - 10
South Pasadena Redistricting 2022 , .... ,' .... , Public ,' ', 103 ,------r--- ------ --- - ---r- - - --- - - --- ------( ', : : ; : \ ~, I I ✓ I ~ l ', I I :,.Cb I I 1.i..,I \ I I (bz,,1 I ro ~ I
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,,, ,,,, ~ '---------, \
____ .,,..,,,.. ,,, / I ! , .. , I I I \
, .. , 1 ,._f-ti,wtho!:_n2Jl----, i J : \ r-----f,()Q..Q.t§.r.§Y~.9-----~-j : ----- :..-----------, '< r---- I ~:S: \. 1 Lyii11
• don St I a, 1 1ru \
,,_I ~O I J ~ ,'---------~ \ _., w,on\e{e'! ,g,,, { g • '° ' r .,,_Q;'-,' 1 E : ~ \
Q~' I J: I a3 \ -i~,' ~ I Rollin St Eddie Park \ a I 1
~ :8-- I \
1 I~ : Oak St \
/I '~ I \ I (I)\ I \
/ I ~]JII)[.SJ_, \\
c... I ') I \ \
, / C{,5\ / ~3 \ 5 '·
/ Gi\\e\\e / 0 I I
I ,' I ~ \ H 1· I D 1
{: ., un 1ng on /----------------' !., I co,,.,,,, ,-1ro I ,.., ' ,%>~ \ / "',<5'1 \ ,
",, \ I I I I
,1 I \
: ~O. \ I
I --J\e~ I
-..i,'-a.\\e'1 :
2 I I I
\. _______________________________________ ...,! _______ .!_ __ 1 _____________________________ _ Water Area -- Railroad
Streets
©2021 CALIPER [::: Current Districts
Public 103
District 1
Total Pop 5,202
Deviation from ideal -202
% Deviation -3.74%
% Hisp 23.6%
% NH White 42%
% NH Black 3%
% Asian-American 29%
Total 3,619
% Hisp 20%
% NH White 51%
% NH Black 5%
% Asian/Pac.Isl. 24%
Total 3,481
% Latino est. 20%
% Spanish-Surnamed 18%
% Asian-Surnamed 15%
% Filipino-Surnamed 1%
% NH White est. 59%
% NH Black 5%
Total 3,043
% Latino est. 19%
% Spanish-Surnamed 18%
% Asian-Surnamed 14%
% Filipino-Surnamed 1%
% NH White est. 60%
% NH Black 5%
Total 2,098
% Latino est. 21%
% Spanish-Surnamed 19%
% Asian-Surnamed 13%
% Filipino-Surnamed 1%
% NH White est. 59%
% NH Black est. 5%
ACS Pop. Est. Total 5,286
age0-19 27%
age20-60 54%
age60plus 19%
immigrants 23%
naturalized 56%
english 70%
spanish 13%
asian-lang 14%
other lang 4%
Language Fluency Speaks Eng. "Less than Very Well" 9%
hs-grad 21%
bachelor 28%
graduatedegree 40%
Child in Household child-under18 34%
Pct of Pop. Age 16+ employed 71%
income 0-25k 13%
income 25-50k 9%
income 50-75k 13%
income 75-200k 45%
income 200k-plus 20%
single family 48%
multi-family 52%
rented 56%
owned 44%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

2.85%
15%
27%
3%
52%
3,711
14%
40%
4%
42%
3,925
13%
12%
35%
1%
46%
5%
3,422
13%
12%
34%
1%
47%
5%
2,656
13%
12%
31%
1%
50%
6%
5,194
24%
53%
24%
28%
75%
64%
9%
26%
2%
14%
18%
35%
33%
36%
68%
6%
9%
8%
37%
39%
77%
23%
31%
69%
3 5,730
326

6.03%
24%
34%
3%
36%
3,419
19%
51%
2%
28%
3,473
20%
18%
19%
2%
58%
2%
2,963
19%
18%
18%
2%
58%
2%
2,149
20%
19%
15%
2%
60%
2%
5,229
26%
56%
18%
29%
61%
60%
13%
26%
2%
15%
23%
35%
28%
36%
69%
13%
10%
16%
40%
20%
50%
50%
57%
43%
4 5,358
-46
-0.85%
22%
38%
4%
33%
3,094
21%
53%
7%
19%
3,162
19%
18%
15%
1%
58%
7%
2,783
19%
17%
15%
1%
59%
6%
2,108
18%
17%
13%
1%
62%
6%
5,071
29%
60%
12%
22%
54%
62%
12%
20%
5%
10%
24%
33%
36%
43%
73%
11%
12%
16%
48%
13%
35%
65%
73%
27%
5 5,172
-232
-4.29%
19%
40%
2%
37%
3,523
17%
56%
0%
26%
3,776
15%
14%
22%
1%
62%
0%
3,318
15%
14%
22%
1%
64%
0%
2,653
14%
13%
19%
1%
67%
0%
4,885
26%
54%
20%
23%
69%
73%
9%
16%
3%
11%
20%
36%
33%
35%
72%
8%
15%
7%
42%
28%
71%
29%
44%
56%
Total
27,020
558

10.33%
21%
36%
3%
38%
17,366
18%
50%
4%
28%
17,817
17%
16%
22%
1%
56%
4%
15,529
17%
16%
21%
1%
57%
4%
11,664
17%
16%
19%
1%
60%
4%
25,664
26%
55%
19%
25%
63%
66%
11%
20%
3%
12%
21%
33%
34%
37%
70%
10%
11%
12%
43%
24%
56%
44%
53%
47%
02/21/2022 15:24 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
16 - 11
I I
I
I
I
I
16 - 12
South Pasadena Redistricting 2022
Public 104 , ..... , .... , .. , .. , ', r-- - --r------- - - - - - --- - - _ T' ____ - - - --- --- - - ---( ' I I ; : \ t, I I / I ~ I',
\ I 0 , I ¼' I ' \ I .::,. , I \J I
\ \ "'<,' I ~ 'I I \ .,,.0, Q) ' \ ► 0 ' I "tJ , l q (5 I {g I (0 , I co \..,. I ,< <!g; ' , .... Po t::t I .& ) .,, 'o ~ / ,..,, # ," h O I.~- C
: ; 1· PASADENA FWY I~ " ' 1 1 icil Grevelia St ,
I I I ► I : I I / lc'5 / I I .. ,
, 1, Magnolia St '--------, , / I \
/ / I \
/ , I \ / !. ... Mission St 1 • , , \
/ , I \
1 ,' El Centro St '---------, 4 , / / I \ ,,,,,,,, / / I ' _____ ., , I '" I ,' I \
., .,. ., "' • _ ~i!./tho_rn_e_s_t ____ ., : Montgr§Y.B.2 - - - - - - ,-- - I ----- • l ,-----==~ \ , L-----------, r---------- 1 1 , I I I <lJ I ts= \ r-' B.O : J ~ ,L- __ [email protected] ~ \ a ••o'0\e1e'i 1 ' c 1 ~ , r- "' I I o I o \ , I E I ► \ 2 3
, I ~ < \ , I LL (1) \
, I \ 1 1 Rollin St
~ I \
La Po \ I -,, ' rfa<iJ1
, a St ' ~ Oak St \
I ',~- I '
I ?'· I '
, f:. ~a11r..e).~t- J \\
<..., l>l ' ' ., , (I) \
I I ' I I I 5 I ,' I \ I
,/ ! ~ ' 1 : _,J Huntington Df---------------.!
~, ~; .. I , .. , ...... ' , .... \ ,' .... \ \ I
,,' ~ ~
[ Water Area
f \ I
I I
I I
I I
I I I
I I I
'---- - - - - - - - - - - - - - - --- --- - - - - - - - - - - - - - - - - - - - - _.,_ - - - - - _ .J_ - - ..I. - - - - - - --- - - - - - - - - - - - --- - - - - - - - - - -- Railroad
Streets
©2021 CALIPER [: :: Current Districts
Public 104
District 1
Total Pop 5,702
Deviation from ideal 298
% Deviation 5.51%
% Hisp 21.6%
% NH White 40%
% NH Black 4%
% Asian-American 31%
Total 3,573
% Hisp 15%
% NH White 58%
% NH Black 5%
% Asian/Pac.Isl. 22%
Total 3,556
% Latino est. 18%
% Spanish-Surnamed 17%
% Asian-Surnamed 15%
% Filipino-Surnamed 1%
% NH White est. 61%
% NH Black 5%
Total 3,081
% Latino est. 18%
% Spanish-Surnamed 17%
% Asian-Surnamed 15%
% Filipino-Surnamed 1%
% NH White est. 61%
% NH Black 5%
Total 2,140
% Latino est. 19%
% Spanish-Surnamed 18%
% Asian-Surnamed 13%
% Filipino-Surnamed 1%
% NH White est. 62%
% NH Black est. 4%
ACS Pop. Est. Total 5,332
age0-19 25%
age20-60 56%
age60plus 19%
immigrants 24%
naturalized 51%
english 70%
spanish 10%
asian-lang 16%
other lang 4%
Language Fluency Speaks Eng. "Less than Very Well" 9%
hs-grad 20%
bachelor 29%
graduatedegree 39%
Child in Household child-under18 35%
Pct of Pop. Age 16+ employed 69%
income 0-25k 12%
income 25-50k 11%
income 50-75k 12%
income 75-200k 46%
income 200k-plus 19%
single family 46%
multi-family 54%
rented 59%
owned 41%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

3.68%
17%
28%
3%
50%
3,460
14%
44%
2%
40%
3,715
15%
14%
33%
1%
49%
3%
3,189
14%
13%
33%
1%
49%
3%
2,444
15%
14%
29%
1%
52%
3%
5,085
25%
53%
23%
30%
67%
61%
9%
27%
2%
14%
21%
34%
31%
36%
66%
10%
7%
12%
41%
30%
69%
31%
42%
58%
4 5,342
-62
-1.15%
23%
38%
3%
33%
3,224
20%
54%
4%
22%
3,212
18%
17%
16%
1%
60%
4%
2,822
17%
16%
17%
1%
61%
4%
2,170
16%
15%
14%
1%
64%
4%
5,036
27%
58%
15%
23%
58%
63%
13%
19%
5%
10%
23%
33%
36%
38%
70%
11%
13%
16%
43%
18%
43%
57%
64%
36%
5 5,324
-80
-1.48%
20%
40%
2%
36%
3,585
18%
56%
1%
25%
3,899
15%
14%
22%
1%
62%
1%
3,427
15%
14%
21%
1%
63%
1%
2,692
14%
13%
18%
1%
66%
0%
4,967
26%
55%
19%
24%
68%
70%
9%
17%
3%
11%
21%
37%
31%
35%
72%
9%
15%
8%
44%
24%
67%
33%
48%
52%
Total
27,020
653

12.08%
21%
36%
3%
38%
17,366
18%
50%
4%
28%
17,817
17%
16%
22%
1%
56%
4%
15,529
17%
16%
21%
1%
57%
4%
11,664
17%
16%
19%
1%
60%
4%
25,664
26%
55%
19%
25%
63%
66%
11%
20%
3%
12%
21%
33%
34%
37%
70%
10%
11%
12%
43%
24%
56%
44%
53%
47%
02/21/2022 15:51 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
16 - 13
I I
I
I
I
I
16 - 14
South Pasadena Redistricting 2022
Public 105 ,',..., ,' ', , ' , \.
r- - - -r-- --- - - - - - - - - - - - -r-- --- - - --- --- - - --( ', I I I I \ t, I I / : \.:,.,1 '-, '. I .:,.'l! ' I J\1 ' I I '<"/ I IIJ '.I I \ \ 'l), ' c::: , ' ► 1' I {!j \.\.
\ q 0 I IIJ I
\0 r I "' '---
/ Pc3 ~f I cf:f G) -....,.,.
; ! i{jl 1 !;n Ol )
,"' ,r;;/ 6 I ~- ~ C
: j ,· ======= PASADENA FWY I~ ~ \ : 1 :; Grevelia St ro j I I 1c\i I.. , / Magnolia St I 1- ______ --, ' 1 ,✓ I I / \
, I I / \
✓/ / Mission St : \ , -; I '
/ / I ;;:: 4 \ , , t---------, g \
' ' El Centro St I :::i 1
/ / a. ' ..,, , I ► ' ____ .,, , G) I c\i '"'\
I / ro I \
,_,,' •:~aAh.?.T! _s,!. ___ -, g- ~ : Monter§Y-F--2- - - - - -,- _ ,! f ~----------~ ~ r-1------; k----~~~- \
,,.• oo I ~ ' a. <{ Lyndon SjL--------!~ ', n\ere'! " 1 1 ?? _ _ r-' Wlo ~fl : ro ~ : '8 \ 2 Qi, • ~ , t \ Q, I LL (1) \
.s,.f!:,' ~ \ I i- \ ' .~ \ I \~ \
,' \.~ I \
I (1)\ I \.

I I 'r-a.l,l~l.,$_.t_J \\
'-.. I ' ] ,' \ 5 \
I : I
,,/ 3 ! \ I f _,J ~, v' •.:</;A I , '~,$" \ , ",<5'(, \ /' ' \ I ,• \ ., I
,"' \ . I
I I
I
I
I
Huntington D,r;---------------2
I I

I I I I I
'---- - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - _ ...,!_ - - - - - _ .:._ __ _;_ _ - - - - - - - - - - - - - - - - - - --- - - - - - - - _ .J Water Area
-- Railroad
Streets
©2021 CALIPER [: :: Current Districts
Public 105
District 1
Total Pop 5,199
Deviation from ideal -205
% Deviation -3.79%
% Hisp 22.9%
% NH White 43%
% NH Black 3%
% Asian-American 28%
Total 3,274
% Hisp 16%
% NH White 57%
% NH Black 4%
% Asian/Pac.Isl. 23%
Total 3,397
% Latino est. 18%
% Spanish-Surnamed 17%
% Asian-Surnamed 15%
% Filipino-Surnamed 1%
% NH White est. 62%
% NH Black 3%
Total 2,951
% Latino est. 17%
% Spanish-Surnamed 17%
% Asian-Surnamed 15%
% Filipino-Surnamed 1%
% NH White est. 62%
% NH Black 3%
Total 2,097
% Latino est. 19%
% Spanish-Surnamed 18%
% Asian-Surnamed 13%
% Filipino-Surnamed 1%
% NH White est. 63%
% NH Black est. 3%
ACS Pop. Est. Total 4,762
age0-19 24%
age20-60 55%
age60plus 21%
immigrants 25%
naturalized 54%
english 70%
spanish 11%
asian-lang 15%
other lang 4%
Language Fluency Speaks Eng. "Less than Very Well" 9%
hs-grad 21%
bachelor 29%
graduatedegree 39%
Child in Household child-under18 32%
Pct of Pop. Age 16+ employed 68%
income 0-25k 11%
income 25-50k 10%
income 50-75k 14%
income 75-200k 44%
income 200k-plus 20%
single family 52%
multi-family 48%
rented 52%
owned 48%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 5,463
59 1.09%
21%
31%
3%
42%
3,708
21%
39%
6%
34%
3,703
18%
17%
25%
1%
49%
7%
3,232
18%
17%
25%
1%
50%
7%
2,396
18%
16%
23%
1%
51%
8%
5,279
26%
53%
21%
27%
73%
64%
12%
22%
2%
14%
18%
35%
35%
35%
70%
9%
11%
11%
38%
32%
60%
40%
44%
56%
3 5,347
-57
-1.05%
19%
27%
3%
49%
3,397
16%
44%
2%
38%
3,456
17%
15%
31%
2%
50%
2%
2,947
16%
15%
31%
2%
50%
2%
2,225
17%
16%
27%
1%
53%
2%
5,111
25%
55%
19%
28%
64%
61%
11%
26%
2%
15%
24%
33%
28%
37%
71%
11%
7%
13%
44%
24%
61%
39%
51%
49%
4 5,405
1 0.02%
22%
38%
4%
33%
3,116
21%
53%
6%
19%
3,173
19%
18%
15%
1%
58%
7%
2,791
19%
17%
15%
1%
59%
6%
2,115
18%
17%
13%
1%
62%
6%
5,103
29%
59%
12%
22%
54%
62%
12%
20%
5%
10%
24%
33%
36%
42%
72%
11%
12%
16%
48%
13%
35%
65%
73%
27%
5 5,606
202

3.74%
19%
41%
2%
35%
3,871
17%
57%
0%
26%
4,088
15%
14%
21%
1%
63%
0%
3,608
14%
13%
20%
1%
64%
0%
2,831
14%
13%
17%
1%
68%
0%
5,408
26%
54%
20%
23%
68%
71%
9%
17%
3%
11%
19%
36%
32%
36%
70%
9%
15%
8%
39%
29%
69%
31%
45%
55%
Total
27,020
407

7.53%
21%
36%
3%
38%
17,366
18%
50%
4%
28%
17,817
17%
16%
22%
1%
56%
4%
15,529
17%
16%
21%
1%
57%
4%
11,664
17%
16%
19%
1%
60%
4%
25,664
26%
55%
19%
25%
63%
66%
11%
20%
3%
12%
21%
33%
34%
37%
70%
10%
11%
12%
43%
24%
56%
44%
53%
47%
02/21/2022 15:59 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
16 - 15
I I
I
I
I
I
16 - 16
South Pasadena Redistricting 2022
Public 106 , ..... ,' ...... I ._ I ._
r----r------------------r-----------------( .. , I I : : \ t, I I q(iver St I ~ l .... 't I / I LL.'\I ' \ \ I I CO' ~ I \ \ / I C: 'I I
\ l;i:, ,, I {!] ',
\ ,~ I I :J1 I
\0 I I CO' '-,,. I ,a I I Q ~ .... ,
,.-' 'o / 1~ 3' t h -· ro C
~ i ,• PASADENA FWY !~ ~ \ I : I 1cn ro \ I / ► I I I / lc\5 ,, I I 3 '-, I /I '---------, \ / I \ ,' / I \
/ I I \ / .!. .. Mission St 1
1 I I \
,' ,' I \ , I 1 '---------, \
/ / El Centro St I 't
____ .;' ,' I ' .,,,., ,' '"' I I \ ,,,., ' 4 Montgr§y.J3_g ______ , __ ,! ;"' ~=~~----------, ,-----=- = \ I -------, ,------------ I \ I .,_____ \ I : I Q) I \
,-1 ~0 I 11 ~ ,1---------• S:: \
.,., (\\e(e'l I c 1 °' , r ~o 0°"'' I O I CD \
-,._~' : ~ I c6 \ ,l✓ I LL O \
.!:,.!J,," I ~ \
2 I I Cl> \
\ I \
\ I 4 \ I ' ~ Oak St \
I ',~ I \
I ~ I \ I 'ra_!!i:_e).$_.t_ J \
'-.. ,~ ' \ 7 / <.1> ~ \ Spruce St )
I o,~\ 3 I I
, ,,'' Gi\\e\\e / ~ \ :
1 1 t J Huntington o,i; _______________ J ..._, I co,, ''~;,, I ,..,, ",<'1~ ' ,, ".C.. \ , ', \ I I I , .. ' \ ~ I \ I
I I
I I
5 I I I I I
I I I
'---- - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - --- - - - - - J..- _ .... - - - - - - --- - - - - - - - - - - - --- - - - - - - - - - Water Area
-- Railroad
Streets
©2021 CALIPER [::: Current Districts
Public 106
District 1
Total Pop 5,395
Deviation from ideal -9
% Deviation -0.17%
% Hisp 24.9%
% NH White 39%
% NH Black 3%
% Asian-American 31%
Total 3,771
% Hisp 23%
% NH White 47%
% NH Black 5%
% Asian/Pac.Isl. 25%
Total 3,498
% Latino est. 21%
% Spanish-Surnamed 19%
% Asian-Surnamed 15%
% Filipino-Surnamed 2%
% NH White est. 57%
% NH Black 6%
Total 3,056
% Latino est. 21%
% Spanish-Surnamed 19%
% Asian-Surnamed 14%
% Filipino-Surnamed 2%
% NH White est. 58%
% NH Black 6%
Total 2,079
% Latino est. 22%
% Spanish-Surnamed 20%
% Asian-Surnamed 13%
% Filipino-Surnamed 1%
% NH White est. 57%
% NH Black est. 6%
ACS Pop. Est. Total 5,584
age0-19 26%
age20-60 55%
age60plus 19%
immigrants 23%
naturalized 60%
english 68%
spanish 14%
asian-lang 16%
other lang 3%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 21%
bachelor 30%
graduatedegree 39%
Child in Household child-under18 33%
Pct of Pop. Age 16+ employed 73%
income 0-25k 12%
income 25-50k 11%
income 50-75k 13%
income 75-200k 43%
income 200k-plus 21%
single family 45%
multi-family 55%
rented 58%
owned 42%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 5,310
-94
-1.74%
14%
29%
3%
52%
3,522
11%
44%
4%
42%
3,725
11%
10%
36%
1%
48%
5%
3,260
11%
10%
35%
1%
49%
5%
2,559
11%
11%
32%
1%
52%
5%
4,946
23%
53%
24%
28%
74%
64%
8%
26%
2%
14%
19%
34%
33%
36%
67%
6%
8%
8%
39%
39%
81%
19%
30%
70%
3 5,445
41 0.76%
23%
36%
4%
32%
3,048
20%
55%
7%
17%
3,155
22%
20%
15%
2%
56%
7%
2,718
21%
19%
15%
2%
56%
7%
1,989
21%
19%
13%
2%
58%
6%
4,937
29%
60%
11%
24%
50%
65%
11%
19%
5%
10%
26%
33%
34%
44%
71%
11%
10%
16%
48%
14%
39%
61%
69%
31%
4 5,415
11 0.20%
21%
41%
2%
34%
3,594
16%
55%
1%
28%
3,672
15%
14%
19%
1%
64%
1%
3,224
14%
13%
19%
1%
65%
1%
2,479
14%
14%
16%
1%
68%
1%
5,209
26%
53%
21%
24%
65%
65%
12%
20%
3%
11%
19%
35%
34%
36%
66%
11%
13%
13%
36%
28%
60%
40%
48%
52%
5 5,455
51 0.94%
21%
35%
3%
39%
3,430
21%
49%
1%
28%
3,767
18%
17%
22%
1%
58%
1%
3,271
18%
17%
21%
1%
59%
1%
2,558
17%
16%
18%
1%
62%
1%
4,987
26%
57%
17%
26%
66%
66%
10%
21%
3%
13%
22%
36%
29%
35%
74%
10%
13%
10%
47%
19%
60%
40%
55%
45%
Total
27,020
145

2.68%
21%
36%
3%
38%
17,366
18%
50%
4%
28%
17,817
17%
16%
22%
1%
56%
4%
15,529
17%
16%
21%
1%
57%
4%
11,664
17%
16%
19%
1%
60%
4%
25,664
26%
55%
19%
25%
63%
66%
11%
20%
3%
12%
21%
33%
34%
37%
70%
10%
11%
12%
43%
24%
56%
44%
53%
47%
02/21/2022 16:11 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
16 - 17
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South Pasadena Redistricting 2022
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Streets
©2021 CALIPER [: :: Current Districts
Public 107
District 1
Total Pop 5,505
Deviation from ideal 101
% Deviation 1.87%
% Hisp 13.9%
% NH White 29%
% NH Black 3%
% Asian-American 52%
Total 3,652
% Hisp 11%
% NH White 44%
% NH Black 4%
% Asian/Pac.Isl. 42%
Total 3,804
% Latino est. 11%
% Spanish-Surnamed 11%
% Asian-Surnamed 36%
% Filipino-Surnamed 1%
% NH White est. 48%
% NH Black 4%
Total 3,329
% Latino est. 11%
% Spanish-Surnamed 10%
% Asian-Surnamed 35%
% Filipino-Surnamed 1%
% NH White est. 49%
% NH Black 5%
Total 2,601
% Latino est. 11%
% Spanish-Surnamed 11%
% Asian-Surnamed 31%
% Filipino-Surnamed 1%
% NH White est. 52%
% NH Black est. 5%
ACS Pop. Est. Total 5,158
age0-19 23%
age20-60 53%
age60plus 24%
immigrants 28%
naturalized 73%
english 64%
spanish 8%
asian-lang 26%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 14%
hs-grad 19%
bachelor 34%
graduatedegree 33%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 67%
income 0-25k 6%
income 25-50k 7%
income 50-75k 9%
income 75-200k 39%
income 200k-plus 39%
single family 81%
multi-family 19%
rented 30%
owned 70%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 5,396
-8
-0.15%
24%
36%
4%
33%
3,447
22%
46%
8%
24%
3,383
23%
21%
14%
1%
54%
9%
2,936
22%
20%
14%
1%
55%
9%
1,955
22%
21%
13%
1%
55%
9%
5,424
31%
56%
14%
23%
56%
66%
12%
18%
4%
11%
21%
31%
37%
44%
72%
13%
8%
13%
47%
20%
44%
56%
62%
38%
3 5,436
32 0.59%
24%
36%
3%
33%
3,375
19%
49%
4%
27%
3,268
19%
18%
16%
2%
59%
3%
2,799
19%
18%
16%
2%
59%
3%
2,022
20%
19%
13%
2%
60%
3%
5,044
24%
56%
20%
26%
59%
65%
13%
20%
3%
12%
20%
31%
36%
32%
69%
12%
12%
15%
39%
21%
47%
53%
56%
44%
4 5,384
-20
-0.37%
20%
45%
2%
30%
3,739
17%
62%
1%
20%
3,783
15%
14%
18%
1%
66%
1%
3,378
15%
14%
18%
1%
66%
1%
2,758
14%
13%
15%
1%
69%
1%
5,310
25%
55%
19%
20%
63%
71%
10%
14%
4%
8%
22%
36%
36%
34%
69%
7%
15%
12%
42%
25%
61%
39%
50%
50%
5 5,299
-105
-1.94%
22%
33%
3%
41%
3,152
23%
46%
2%
28%
3,579
19%
18%
23%
1%
56%
2%
3,087
19%
17%
22%
1%
57%
2%
2,328
18%
17%
19%
1%
60%
1%
4,727
27%
57%
16%
29%
64%
62%
13%
23%
3%
16%
24%
35%
28%
36%
75%
13%
12%
13%
46%
16%
49%
51%
63%
37%
Total
27,020
206

3.81%
21%
36%
3%
38%
17,366
18%
50%
4%
28%
17,817
17%
16%
22%
1%
56%
4%
15,529
17%
16%
21%
1%
57%
4%
11,664
17%
16%
19%
1%
60%
4%
25,664
26%
55%
19%
25%
63%
66%
11%
20%
3%
12%
21%
33%
34%
37%
70%
10%
11%
12%
43%
24%
56%
44%
53%
47%
02/21/2022 16:22 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
16 - 19
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Streets
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District 1
Total Pop 5,372
Deviation from ideal -32
% Deviation -0.59%
% Hisp 16.5%
% NH White 31%
% NH Black 3%
% Asian-American 47%
Total 3,395
% Hisp 15%
% NH White 39%
% NH Black 5%
% Asian/Pac.Isl. 40%
Total 3,738
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 32%
% Filipino-Surnamed 1%
% NH White est. 48%
% NH Black 6%
Total 3,275
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 31%
% Filipino-Surnamed 1%
% NH White est. 48%
% NH Black 6%
Total 2,578
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 29%
% Filipino-Surnamed 1%
% NH White est. 50%
% NH Black est. 6%
ACS Pop. Est. Total 4,929
age0-19 26%
age20-60 52%
age60plus 23%
immigrants 28%
naturalized 74%
english 63%
spanish 11%
asian-lang 24%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 14%
hs-grad 18%
bachelor 36%
graduatedegree 35%
Child in Household child-under18 37%
Pct of Pop. Age 16+ employed 67%
income 0-25k 6%
income 25-50k 9%
income 50-75k 11%
income 75-200k 37%
income 200k-plus 37%
single family 72%
multi-family 28%
rented 34%
owned 66%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

6.46%
22%
37%
4%
33%
3,278
21%
53%
6%
19%
3,373
19%
18%
15%
2%
58%
6%
2,962
19%
17%
15%
2%
59%
6%
2,223
18%
17%
13%
1%
62%
6%
5,328
28%
60%
12%
23%
54%
63%
12%
20%
5%
10%
24%
34%
36%
41%
72%
11%
12%
16%
48%
13%
36%
64%
71%
29%
5 5,172
-232
-4.29%
19%
40%
2%
37%
3,523
17%
56%
0%
26%
3,776
15%
14%
22%
1%
62%
0%
3,318
15%
14%
22%
1%
64%
0%
2,653
14%
13%
19%
1%
67%
0%
4,885
26%
54%
20%
23%
69%
73%
9%
16%
3%
11%
20%
36%
33%
35%
72%
8%
15%
7%
42%
28%
71%
29%
44%
56%
Total
27,020
581

10.75%
21%
36%
3%
38%
17,366
18%
50%
4%
28%
17,817
17%
16%
22%
1%
56%
4%
15,529
17%
16%
21%
1%
57%
4%
11,664
17%
16%
19%
1%
60%
4%
25,664
26%
55%
19%
25%
63%
66%
11%
20%
3%
12%
21%
33%
34%
37%
70%
10%
11%
12%
43%
24%
56%
44%
53%
47%
02/21/2022 14:26 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
16 - 21
I I
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South Pasadena Redistricting 2022
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Streets
©2021 CALIPER [::: Current Districts
NDC Green
District 1
Total Pop 5,510
Deviation from ideal 106
% Deviation 1.96%
% Hisp 19.2%
% NH White 28%
% NH Black 3%
% Asian-American 47%
Total 3,572
% Hisp 20%
% NH White 35%
% NH Black 6%
% Asian/Pac.Isl. 39%
Total 3,662
% Latino est. 16%
% Spanish-Surnamed 15%
% Asian-Surnamed 31%
% Filipino-Surnamed 1%
% NH White est. 45%
% NH Black 8%
Total 3,178
% Latino est. 16%
% Spanish-Surnamed 14%
% Asian-Surnamed 31%
% Filipino-Surnamed 1%
% NH White est. 46%
% NH Black 8%
Total 2,481
% Latino est. 15%
% Spanish-Surnamed 14%
% Asian-Surnamed 28%
% Filipino-Surnamed 1%
% NH White est. 48%
% NH Black est. 8%
ACS Pop. Est. Total 5,074
age0-19 26%
age20-60 52%
age60plus 23%
immigrants 29%
naturalized 75%
english 63%
spanish 11%
asian-lang 24%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 14%
hs-grad 17%
bachelor 37%
graduatedegree 35%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 68%
income 0-25k 6%
income 25-50k 11%
income 50-75k 10%
income 75-200k 36%
income 200k-plus 37%
single family 70%
multi-family 30%
rented 35%
owned 65%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

3.09%
22%
42%
4%
29%
3,603
15%
58%
4%
23%
3,682
18%
17%
15%
1%
63%
3%
3,213
17%
17%
15%
1%
63%
3%
2,170
18%
17%
13%
1%
64%
3%
5,141
24%
55%
22%
24%
53%
70%
10%
15%
4%
9%
21%
28%
40%
31%
68%
13%
10%
13%
45%
20%
50%
50%
54%
46%
3 5,409
5 0.09%
21%
32%
3%
42%
3,574
18%
47%
2%
33%
3,535
19%
17%
24%
2%
54%
2%
3,037
18%
17%
23%
2%
55%
2%
2,252
19%
18%
20%
2%
57%
2%
5,493
27%
56%
17%
27%
62%
60%
12%
26%
2%
15%
24%
33%
27%
39%
72%
13%
8%
15%
42%
23%
54%
46%
56%
44%
4 5,358
-46
-0.85%
22%
38%
4%
33%
3,094
21%
53%
7%
19%
3,162
19%
18%
15%
1%
58%
7%
2,783
19%
17%
15%
1%
59%
6%
2,108
18%
17%
13%
1%
62%
6%
5,071
29%
60%
12%
22%
54%
62%
12%
20%
5%
10%
24%
33%
36%
43%
73%
11%
12%
16%
48%
13%
35%
65%
73%
27%
5 5,172
-232
-4.29%
19%
40%
2%
37%
3,523
17%
56%
0%
26%
3,776
15%
14%
22%
1%
62%
0%
3,318
15%
14%
22%
1%
64%
0%
2,653
14%
13%
19%
1%
67%
0%
4,885
26%
54%
20%
23%
69%
73%
9%
16%
3%
11%
20%
36%
33%
35%
72%
8%
15%
7%
42%
28%
71%
29%
44%
56%
Total
27,020
399

7.38%
21%
36%
3%
38%
17,366
18%
50%
4%
28%
17,817
17%
16%
22%
1%
56%
4%
15,529
17%
16%
21%
1%
57%
4%
11,664
17%
16%
19%
1%
60%
4%
25,664
26%
55%
19%
25%
63%
66%
11%
20%
3%
12%
21%
33%
34%
37%
70%
10%
11%
12%
43%
24%
56%
44%
53%
47%
02/21/2022 14:22 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
16 - 23
I I
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16 - 24
South Pasadena Redistricting 2022
NDC Teal ,"', .. , .. , ' , ', ~ ----,----------------,--------- -------( " I I I \ !', ~ I ,' : ~ ! ', \ I , I !,_\I I \ \ /' I '1l t I
\ \ , I /jj '
\ \ , I "t, ' \ I I '1l I
/ I / I ~ ~ ....
• I rn Q J
,,' 1 I 1~- ,
{ i I PASADENA FWY I~ \ I : u, }
I I ? / I 3 ro 1.., , I ._ •---, \
' I I Garfield Park \ ,, I I \
/ / I \
,' , , Mission St I \
/ / Orange Grove 1 ,
/ / Playground a,'---------, 4 \
I I > I Oxley St 1
, <i: I '~ / / C ,._,
,------ / '6 ' ,, ' -~ ,::!: l Mont~.r§Y~..9-------.l (' -.,::.!---------, ~ J(I) I ,----•=- \ I I -------, ,.----•-- 3 I .. --- I I g I I \ ,,,J rl-0 I J ► f,--------.J \
' 0\e(e'l I ' < • \ r - W1° ii"1 I (I) I \ ;5' I I \
1 <:>o/' I I \ '1' I I Eddie Park \ --i" : I I \
\\ I : \
I \ I \
I ' 2 I \ I ~ I \
I I ,------' \
'--., I \ \
I I \ s l ' I I I / I \ I
,,' 1 1 Huntington Dr 1
<.., I ,, r--------------'
-.-10 I ,.,, ~ ,I?" ' ,, ~'9°t \ I
~ .. , \ ,'
,} \ ',
I ' i I I
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'----------------------------------------...!.. ______ .!. __ _l _____________________________ .J Water Area -- Railroad
Streets
©2021 CALIPER [::: Current Districts
NDC Teal
District 1
Total Pop 5,372
Deviation from ideal -32
% Deviation -0.59%
% Hisp 16.5%
% NH White 31%
% NH Black 3%
% Asian-American 47%
Total 3,395
% Hisp 15%
% NH White 39%
% NH Black 5%
% Asian/Pac.Isl. 40%
Total 3,738
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 32%
% Filipino-Surnamed 1%
% NH White est. 48%
% NH Black 6%
Total 3,275
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 31%
% Filipino-Surnamed 1%
% NH White est. 48%
% NH Black 6%
Total 2,578
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 29%
% Filipino-Surnamed 1%
% NH White est. 50%
% NH Black est. 6%
ACS Pop. Est. Total 4,929
age0-19 26%
age20-60 52%
age60plus 23%
immigrants 28%
naturalized 74%
english 63%
spanish 11%
asian-lang 24%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 14%
hs-grad 18%
bachelor 36%
graduatedegree 35%
Child in Household child-under18 37%
Pct of Pop. Age 16+ employed 67%
income 0-25k 6%
income 25-50k 9%
income 50-75k 11%
income 75-200k 37%
income 200k-plus 37%
single family 72%
multi-family 28%
rented 34%
owned 66%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

4.07%
24%
39%
3%
31%
3,780
19%
53%
5%
23%
3,641
21%
19%
15%
2%
58%
5%
3,158
20%
19%
15%
2%
59%
4%
2,156
20%
19%
13%
2%
59%
5%
5,377
24%
55%
21%
24%
55%
71%
10%
15%
4%
10%
21%
29%
39%
32%
70%
12%
11%
12%
45%
21%
50%
50%
54%
46%
4 5,444
40 0.74%
22%
37%
4%
33%
3,132
21%
53%
6%
19%
3,190
19%
18%
15%
1%
58%
7%
2,805
19%
17%
15%
1%
59%
6%
2,128
18%
17%
13%
1%
62%
6%
5,130
29%
59%
12%
22%
54%
62%
12%
20%
5%
10%
24%
33%
36%
42%
72%
11%
12%
16%
48%
13%
36%
64%
72%
28%
5 5,172
-232
-4.29%
19%
40%
2%
37%
3,523
17%
56%
0%
26%
3,776
15%
14%
22%
1%
62%
0%
3,318
15%
14%
22%
1%
64%
0%
2,653
14%
13%
19%
1%
67%
0%
4,885
26%
54%
20%
23%
69%
73%
9%
16%
3%
11%
20%
36%
33%
35%
72%
8%
15%
7%
42%
28%
71%
29%
44%
56%
Total
27,020
452

8.36%
21%
36%
3%
38%
17,366
18%
50%
4%
28%
17,817
17%
16%
22%
1%
56%
4%
15,529
17%
16%
21%
1%
57%
4%
11,664
17%
16%
19%
1%
60%
4%
25,664
26%
55%
19%
25%
63%
66%
11%
20%
3%
12%
21%
33%
34%
37%
70%
10%
11%
12%
43%
24%
56%
44%
53%
47%
02/21/2022 14:25 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
16 - 25
I I
I
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I
I
ATTACHMENT 2
PowerPoint Presentation
16 - 26
City of South Pasadena
Redistricting Public Hearing
Ken Chawkins, Consultant
National Demographics Corporation
March 2, 2022
16 - 27
NDC
National Demographics Corporation
I City of
SOUTH

PASADENA
2 Outreach Overview
Outreach and public engagement efforts to date include:
▪ Two virtual community workshop about redistricting and communities of interest in October 2021 January 2022
▪ Created a dedicated website for the redistricting process:
southpasadenaca.gov/redistricting
▪ An informational mailer sent to all South Pasadena residents on January 14, 2022 promoting the redistricting process and remaining schedule ▪ Social media, phone and email outreach promoting educational material on redistricting, including press releases and videos
▪ Distributed flyers to encourage public participation at the community workshops, the first public hearing and tonight’s public hearing ▪ Contacted community-based organizations via phone to inform them of the redistricting process and how to get involved
▪ Created a community survey encouraging residents to share their communities of interest through the City’s redistricting website March 2, 2022 NDC
16 - 28
Redistricting Process
3 Step Description
October 28, 2021
Public Workshop
• ID Neighborhoods and Communities of Interest
• Review process
• Overview of mapping tools
November 17, 2021
Public Hearing #1
• Prior to release of Draft Maps
• ID Neighborhoods and Communities of Interest and Secondary areas • Overview of process and mapping tools
January 19, 2022
Public Hearing #2
• Prior to release of Draft Maps
• ID Neighborhoods and Communities of Interest and Secondary areas • Overview of process and mapping tools
January 31, 2022
Public Workshop
• Review process and Communities of Interest submissions • Tutorial on mapping tools
February 18, 2022 • Deadline to submit draft maps for initial consideration on March 2, 2022 March 2, 2022
Public Hearing #3
• Review and refine maps
• Receive feedback from the public and City Council
March 7, 2022, by 12pm • Deadline to submit maps for consideration on March 16, 2022 March 16, 2022
Public Hearing #4
• Review maps
• City Council adopts final map
April 17, 2022
Map Deadline
• Council must adopt final map by this date
March 2, 2022 NDC
16 - 29
• Equal Population
• Federal Voting
Rights Act
• No Racial
Gerrymandering
• Minimize voters shifted
to different election years
• Respect voters’ choices /
continuity in office
• Future population growth
• Preserving the core of
existing districts

1. Federal Laws 2. California Criteria for
Cities

1. Geographically contiguous

2. Undivided neighborhoods
and “communities of
interest”
(Socio-economic geographic areas
that should be kept together)

3. Easily identifiable
boundaries

4. Compact
(Do not bypass one group of
people to get to a more distant
group of people)

3. Other Traditional
Redistricting Principles
Redistricting Rules and Goals
4 Prohibited: “Shall not favor or discriminate against a political party.” March 2, 2022 NDC
16 - 30
5 D1 – Zneimer
D2 – Donovan
D3 – Primuth
D4 – Cacciotti
D5 – Mahmud
South Pasadena Council
March 2, 2022
16 - 31
City of South Pasadena
z
NDC
6 South Pasadena – Council Demographics
District 1 2 3 4 5 Total
2020 2020 Census (Adjusted) 5,497 5,076 5,714 5,503 5,230 27,020 Deviation from ideal 93 -328 310 99 -174 638
% Deviation 1.72% -6.07% 5.74% 1.83% -3.22% 11.81%
2020 Total Pop
% Hisp 18% 20% 24% 22% 19% 21%
% NH White 28% 40% 35% 38% 39% 36%
% NH Black 3% 3% 3% 4% -63% 3%
% Asian-American 48% 34% 35% 33% 37% 38%
Citizen Voting Age Pop
Total 3,627 3,524 3,476 3,222 3,517 17,366
% Hisp 18% 16% 19% 21% 18% 18%
% NH White 37% 53% 51% 54% 56% 50%
% NH Black 6% 3% 3% 6% 0% 4%
% Asian/Pac.Isl. 39% 28% 27% 19% 26% 28%
Voter Registration (Nov 2020)
Total 3,698 3,431 3,600 3,269 3,819 17,817
% Latino est. 15% 16% 22% 19% 15% 17%
% Spanish-Surnamed 14% 15% 20% 18% 14% 16%
% Asian-Surnamed 33% 19% 18% 15% 22% 22%
% Filipino-Surnamed 1% 1% 2% 1% 1% 1%
% NH White est. 46% 60% 57% 59% 62% 56%
% NH Black 7% 3% 2% 6% 0% 4%
Voter Turnout (Nov 2018)
Total 2,516 2,101 2,179 2,181 2,687 11,664
% Latino est. 14% 17% 22% 18% 14% 17%
% Spanish-Surnamed 13% 16% 20% 16% 13% 16%
% Asian-Surnamed 30% 16% 14% 13% 19% 19%
% Filipino-Surnamed 1% 1% 2% 1% 1% 1%
% NH White est. 49% 61% 59% 63% 66% 60%
% NH Black 7% 3% 2% 6% 0% 4%
Voter Turnout (Nov 2020)
Total 3,202 3,028 3,072 2,882 3,345 15,529
% Latino est. 14% 16% 21% 18% 15% 17%
% Spanish-Surnamed 13% 15% 19% 17% 14% 16%
% Asian-Surnamed 32% 19% 18% 15% 22% 21%
% Filipino-Surnamed 1% 1% 2% 1% 1% 1%
% NH White est. 46% 60% 58% 60% 63% 57%
% NH Black est. 7% 3% 2% 6% 0% 4%
March 2, 2022 NDC
16 - 32
Defining Neighborhoods
1 st Question: What is your neighborhood?
2 nd Question: What are its geographic boundaries?
Examples of physical features defining a neighborhood boundary:
▪ Natural neighborhood dividing lines, such as highway or major roads, rivers, canals and/or hills
▪ Areas around parks or schools
▪ Other neighborhood landmarks
In the absence of public testimony, planning records and other similar documents may provide definition.

March 2, 2022 7
NDC
16 - 33
I_I
Beyond Neighborhoods:

Defining Communities of Interest
1 st Question: What defines your community?
▪ Geographic Area, plus
▪ Shared issue or characteristic
▪ Shared social or economic interest
▪ Impacted by city policies
▪ Tell us “your community’s story”
2 nd Question: Would this community benefit from being “included within a single district for purposes of its effective and fair representation”? ▪ Or would it benefit more from having multiple representatives? Definitions of Communities of Interest may not include relationships with political parties, incumbents, or political candidates.

March 2, 2022 8
NDC
16 - 34
Public Input Received:

November 17, 2021 - Public Hearing
Submissions edited for clarity and brevity
March 2, 2022 9
▪ What was the logic of the maps drawn in 2017?
▪ Regional Housing Needs Allocation (RHNA) requires 18% increase in housing units in a certain areas. Can we use that projection as part of the process? ▪ COI/Neighborhoods:
▪ Hillside community in SW of the City
▪ “Altos” area (need to clarify)
▪ South of Huntington
▪ Should districts all have a portion of the commercial district.

NDC
16 - 35
Public Input Received: Neighborhoods and
Communities of Interest
▪ Indiana Ave. and Monterey Rd.
▪ Should be included in the district
north of Monterey Rd.
▪ Close to Arroyo School
▪ Homeowners and Renters
▪ Los Altos Viejos homeowners
▪ Meridian Corridor – multifamily units
▪ Traffic patterns
▪ Monterey
▪ Marino and Alhambra; Grevalia and
Mission
▪ School districts
▪ Monterey Hills School District
▪ Marengo Elementary District
▪ District 1
▪ Monterey Rd. and Via Del Rey
Submissions edited for clarity and brevity
March 2, 2022 10
▪ Monterey Hills – older homes
▪ Mission District
▪ “Southwest Pasadena”
▪ Between Alhambra Rd. and Monterey Rd.
▪ Neighborhoods
▪ Garfield Park, Raymond Hill, Mission and
Fair Oaks
▪ LA City and San Marino, Monterey Rd. to
Huntington Dr.
▪ Alta Vista and Peterson with a southern
boundary of Monterey Rd.
▪ Glendon Way and Court, south of El Centro
and the Gold Line Station
▪ Adjacent to LA City
▪ Near public transportation (Metro Station
NDC
16 - 36
Simple Map Review Tool
Online Interactive Review Map
▪ ESRI’s “ArcGIS Online” – similar to Google Maps in ease of use ▪ Used to review, analyze and compare maps, not to create them ▪ Includes overlays of “community of interest” and other data March 2, 2022 11 NDC
16 - 37
3 Layen. X
balanced)
0 123 (sa,gledistnca)
._] 124 (sa,gledlStncl)
L.J 125(siogled1Stncl)
D 126 tonty 3 dlstne:ts)
D 121
r'J HOA or OCller ASSoelatlOn
□ PopUnl ID Ubels
D PopUnaTOlal?op L..abefs
U PcpUna Dual..-
12 Simple Map Drawing Tool
Paper “Public
Participation Kit”
▪ For those without
internet access or
who prefer paper
▪ Total Population
Counts only – no
demographic
numbers
March 2, 2022 NDC
16 - 38
15 45
Each number indicates the total population
of that "population unit" area. Each district
must have essentially equal population. l11c
population of each of the fo·c districts must
be close to 28,300, with no more than a 2,830
difference between the largest and smallest.

Name:
1,863
,, 2,744
631
2,177
An online version of this map
that allows you to zoom in and
out for more detail is :t\·ailable Phone and/ or Email:
as a link from the project website.
1,041
\\"
2,258
560
2,207 1,627
1,585
1,375 2,301
'" I·
2,245 1,890
1,814 1,644 726
1,228 754 1,555
. \\ \, 482
1,654 1,899 1,295
\\\\
1,517 1,391 1,593
1,254 780 861
536
Visalia Redistricting 2021
Public P articipation Kit
Total Population by P opulation Unit
766
1,981 ,
2,551 2,593 2,505
1,882 2,597
177 412
921 838 2,120
674
; 876 1,433 1,568 1,275 1,080 2,562 546
, 1,649 1,347
1,114 1,403
2,038
1,355
Please use a thick dark-colored pen to dr:n.v your map, then submit it at Ciry I I all or by email to
[email protected]. You can hand deliver,
maiJ, fax, scan and email, or photograph and email your map.

Simple Map Drawing Tool + Excel Supplement
“Public Participation Kit”
▪ For those who know Excel and
do not wish to use online tools
▪ Adds CVAP data
▪ Excel does the math
13 16 - 39
LO X Cut Garamond ~ . ab
,., " , L[llCopy . <I Format Painter B I \,! ~ ~. - Ill e11te .

Clipboard r, Alignment .,
A3 f.

A B C D p
Pop
Am tot }fop \\ht Blk
412 12 SJl 390 411
899 -4 1,915 -:w 1,140 45
25 1,036 -41 236 15 400 235 145 20
S55 62 64 1,r 2 464 6S5 62 1,231 461 639 19 1!1
1,655 14 - 9 1,639 141 1)92 64 1,511 88 1,33- 12 38
56 499 39 51- 3- 410 26 n 22 42j 15
COL__ ""
Q R
Atn t ot
5-4 195
1,299 435
505 266
1,022 366
1,--6 146
525 38
e
An online ,·ersion of Lhis map
tha1 allo,\'s ,·ou to zoom in and
out for mo~ detail is available
as a hnk from thr nmir~t u-rh .. iti:_
B
1 Suou by Di, l:ort Assigned
~
ld,,al pcpul,,tion; Kame: 2 Cityof Sao Bueua>"eatu.n2017 Public:Putici atiooKit ----,--' Phone and/ or E 4
5 ------- p Search
8 10
11 ~ 12
13 2'
25 s T u V 26
27 Nor-. 2014 Rf!gl5ta.tion N,;:

JO
U.tino fil tot 31
l 32
Visalia Redist:

Public Particip
27 :!8
Population Unj Use lhis m ap with ~
12 29 JO 49
JI J2 " 71
47 Pl .... ,.,. ,u:r " ,h,rL. rl .. rl.r.rnlnnvl .--n rn ~ ~ ~ P R T
IS,.314
s :
245 63 33 Submittcr's COll.UJlCllts about the p lan:
14 555 140 34 l <hi,.>kthi, nu.pmW,,•,n• bo<t.""
35 161 - 3 36
37 11 11 391 89 lB
39 46 1,089 6- '° 15 33- 18 " <2
Instructions Assignments 7-diJtrict~lanu I (i)
~----,-------,----]
Dave’s Redistricting App
Full Database
▪ Easy to learn
▪ Easy to use / Paint brush
▪ https://davesredistricting.org/maps#home
March 2, 2022 14
16 - 40
ORA20:ro'
Welcome to Dave's Redistricting
S1ate p ages have links t o s tat e
r ed is trictin g w ebsites.

Submit your test imony t o m ake your
voice heard.

Advocate fo r your commun ity!
liidAif·iii tf·ttlM·hi
li'j§i•hii+i
NDC
e,:.c-.a,•,••·o,o ·o ·u,'"
To get started your first ti.tne on this sit e,
click " Sign Up" and it w"ill ask you to
create a user nan1.e and pass,vor d .

I f you already hav e a user nan1.e . .
and pass,vord, click " Log In"
¥•'1 <;arl~MC1 "9Co,>t ol
=c--1 =:=: --
2 Caliper’s “Maptitude Online Redistricting”
Full Database, Powerful Online Mapping Tool
▪ Powerful, common, data-rich online tool
▪ Six language options: English, Spanish, Portuguese, Vietnamese, Mandarin and Korean
15 Sample:

City of Los Banos
March 2, 2022
16 - 41
Ill
C:
0 :g_
0 NDC
Rod1str1dlng Toolbo. • undefl--'
Target Unassigned v
Source All
Selection CO Pla ce
~
°' C:
"'
Map Submitted by 2/18/22 – Public Map # 101
March 2, 2022 16
Population
Deviation: 9.18%
16 - 42
South Pasadena Redistricting 2022
Public 101
3 ©2021 CALIPER
NDC
Water Area
Railroad
Streets C::: Current Districts
Map Submitted by 2/18/22 – Public Map # 102
March 2, 2022 17
Population
Deviation: 2.09%
16 - 43
South Pasadena Redistricting 2022
Public 102
3 ©2021 CALIPER
NDC
Water Area
Railroad
Streets C::: Current Districts
Map Submitted by 2/18/22 – Public Map # 103
March 2, 2022 18
Population
Deviation: 10.33%*
* Not balanced
16 - 44
South Pasadena Redistricting 2022
Public 103
2 ©2021 CALIPER
Water Area
Railroad
Streets C::: Current Districts
Map Submitted by 2/18/22 – Public Map # 104
March 2, 2022 19
Population
Deviation: 12.08*%
* Not balanced
16 - 45
South Pasadena Redistricting 2022
Public 104
3 <C>2021 CALIPER
NDC
Water Area
Railroad
Streets C::: Current Districts
Map Submitted by 2/18/22 – Public Map # 105
March 2, 2022 20
Population
Deviation: 7.53%
16 - 46
South Pasadena Redistricting 2022
Public 105
©2021 CALIPER
NDC
Water Area
Railroad
Streets C::: Current Districts
Map Submitted by 2/18/22 – Public Map # 106
March 2, 2022 21
Population
Deviation: 2.68%
16 - 47
South Pasadena Redistricting 2022
Public 106
2 ©2021 CALIPER
NDC
5 Water Area
Railroad
Streets L::: Current Districts
Map Submitted by 2/18/22 – Public Map #107
March 2, 2022 22
Population
Deviation: 3.81%
16 - 48
South Pasadena Redistricting 2022
Public 107 ,/-----
r----r-----------------r-----------------( --, : : ) : \ t·\, \ I , : Ji '\, '1 \ ~ ,,/ : ; '~ :, ► &, , I "t, \.
' ~ )> / : i l ,/ ~ ~ ,' 2 :-n a. ...... )
,, t-. I ~ . l
' ' ' i;,, \ \ ; I PASADENA FWY f '
I / I ·~ l I ) ,' : la, C l,
,;' / L-------7 cE \
I ,' : \
;/ !...., Mission St I G'l \ , , I ~ '
/ / ~ I t \ I , ~· El Centro St '---------, c- 1
/ ,' I i, \ ,,,,, / f I ,,
,----✓ ,/ 3 : "'\, ,,.,,,,,., •--J' ---------, : ____ ht.QQ.l~f§Y~ ~------,--.! : ----- L----------, r--------- ! ( ', ~: : j l ;. ________ J \' _, (\\ete'I ~o : , c , f ,
r ~
0 ~~~ I~ I J \
q_flv 1 § U:: I O \_
...i.q,[ i ~ Ronir!St ? \ I i5 I \ i ~, i e:,' I 4 \ I , ti, O'l>'+- I \ I ~ I \ l ,;_ ,. .......... J 1 '\ ... ., I {I) I c: \. 1 ,' / \ Spruce St ~ :
,,, I \ :
,'' 1
1 ~ Huntington Df---------------.!
.., I ,"" 5 .. ~~ I ,- , ... ~4 ', ,,,
' , ' I \ \ , ,1 I \
., \ : I I I
I I I I 1 1 Water Area
: : : Railroad
--- - --- - - - - - • - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- - - - - -"-- - ..&. - - --- - --- - - - - - - --- - - --- - - - - - - - - Streets ©2021 CALIPER [ ::: Current Districts
NDC
Map Submitted by 2/18/22 – Public Map #108 (Blue*)
March 2, 2022 23
Population
Deviation: 10.75%
* 2017 Map
16 - 49
1 NDC
South Pasadena Redistricting 2022
Grevella st
Garfield Park
4 Oxley St
I r----- ,... 1 __ _ ___ _ J I
I
I
I
I
I
I
~-----·
' I
I
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16 - 50
South Pasadena Redistricting 2022
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South Pasadena Redistricting 2022
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Share Your Thoughts
Website: southpasadenaca.gov/redistricting
Phone: 626-403-7230
Email: [email protected]
March 2, 2022 26 NDC
16 - 52
City of

SOUTH PASADENA
+ City Council Meetings
+ City Council
Compensation
+ Boards & Commissions
City Attorney
City Treasurer
City Manager
City Clerk
Elections
Redistricting

GOVERNMENT
Government»

REDISTRICTING
Font Size: D 11:1 D Share & Bookmark .. Feedback • Print Calendar I CommunitY. SurveY. I Draft Ma~ I Draw a MaP.. I FAQs I Resources The Redistricting Process
Every 10 years, local governments use new data from the Census to redraw their district lines to reflect how local populations have changed. State law requires cities and counties to engage communities in the redistricting process by holding public hearings and doing public outreach, including to underrepresented and non-English-speaking communities. The City of South Pasadena is asking for your help to plan, draw, and redivide new City districts.

You will help us define the five City Council districts for the City of South Pasadena, and these ATTACHMENT 3
Outreach Report
16 - 53
Preliminary Outreach Summary Report
March 2, 2022
16 - 54
I City of
SOUTH

PASADENA
2 Introduction 3
A Unique Timeline Challenge 4
Building an Outreach Team 4
Spanning Channels of Outreach 5
Example Collateral Materials 7
16 - 55
I Ci>yol SOUTH

PASADENA
3 Introduction
The City of South Pasadena has launched an extensive outreach effort to the South Pasadena community to engage and educate the public about the redistricting process. This Preliminary Outreach Summary Report is intended to provide a high-level overview of the outreach philosophy, process, and results to date.

Key highlights from these initial communication efforts include:
● Two redistricting workshops to collect community of interest feedback and demonstrate the mapping tools
● A mailer highlighting the redistricting process and participation opportunities with a paper map exercise was sent to every resident to drive map drawing and public engagement.
● Email or phone contact with nearly 100 stakeholders and organizations to proactively outreach to key influencers, community leaders and community-based organizations with redistricting related information, including hearing flyers and press releases.
● 23 social media posts, including two paid advertisements, spread across Facebook and Instagram during the months of September 2021 to February 2022.

Social media outreach will continue through April 2022. ● An informational e-newsletter campaign was sent to 1,639 residents to drive awareness of the redistricting effort and promote the opportunity to participate in Public Hearings and Community Workshops.
● Rollout of the Redistricting website occurred, southpasadenaca.gov/redistricting, where residents can access extensive resources to learn about the redistricting process, access all the materials and meeting information, complete a survey regarding communities of interest, and to draw draft maps based upon their understanding of communities of interest and submit them for consideration in the future.
● Press releases and flyers have been created highlighting key milestones and events for the redistricting process in the languages of English, Spanish, Traditional Chinese and Korean.
● Creation of a redistricting informational video that was placed on the redistricting website and social media.
16 - 56
I Ci>yol SOUTH

PASADENA
4 A Unique Timeline Challenge
The redistricting process that follows the 2020 Census is unique because of the delay in release of the Census data. Typically, the Census data would become available in April of the year after the Census (April 2021), but due primarily to the impact of the Coronavirus Pandemic, the data release has been delayed. Indeed, the official redistricting data that will be provided by the State of California to cities to be used for drawing maps was not delivered until late September.

The delayed data release has compressed the redistricting process in hundreds of agencies across California. To address this challenge, the City of South Pasadena has launched a process to engage and inform the public early with redistricting information, and preparing them to participate in the process once the official data was released and map drawing has commenced.

Building an Outreach Team
The City of South Pasadena has built a team of professionals to effectively execute the community outreach component of the project. This team includes City of South Pasadena staff, Tripepi Smith, and National Demographics Corporation (NDC). These parties have been meeting jointly on regular calls to discuss the project and coordinate efforts. The integration of the demographer (NDC) into the outreach plan was designed to ensure that communications properly contributed to the broader goals of public information and drawing maps. This team approach has helped to eliminate silos of knowledge in this critical project, made more important by the challenging compressed timeline.
16 - 57
- c;t,oj
SOUTH

PASADENA
Mmt\_
NOC
a11onal Demographics Corpora11on
1so'UTH PASADENA
5 Tripepi Smith was engaged as an outreach expert on the redistricting and district formation process. The firm has a long history of collaboration with NDC and has worked with other cities to assist with their migration to district elections. During this redistricting cycle, the firm is working with over 20 other cities and counties on their redistricting outreach.

These outreach efforts were ably assisted by the Management Services team and the City Manager’s Office for the City of South Pasadena.

Spanning Channels of Outreach
The City of South Pasadena leveraged a full array of outreach platforms to connect with the public. These included:
● City social media channels, including two boosted posts with a budget of $200 per post. As of February 16, 2022, the City posted a total of 21 posts:
- Total Reach: 21,950
- Total Engagement: 803
- Total Boosted Post Reach: 9,239
- Total Boosted Post Engagement: 288
● The City’s redistricting website: southpasadenaca.gov/redistricting ● A community survey through the City’s redistricting website to gather public input on communities of interest
● A mailer distributed to every resident within the City ● Direct calls and emails to nearly 100 community leaders and organizations throughout South Pasadena and the surrounding area
● Press releases and flyers sent to 30 traditional media outlets ● Email outreach to those that sign up for Redistricting email notifications and the City’s e-newsletter
16 - 58
I Ci>yol SOUTH

PASADENA
6 Image Description: City of South Pasadena home page for Redistricting project. 16 - 59
• :tJC/)2 l>O~ c,,c:::- >-1
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City of
SOUTH PASAD:ENA
• City Council Meetings • City Council
Compensation
• Boards & Commissions
City Attorney City Treasurer City Clerk
Elections
Redistricting

GOVERNMENT
Government ,1

REDISTRICTING
Font Size. Share & Bookmart " a;. friil1
Calendar I CommunitY. SurveY. I Draft MaRS I Draw a MaR I FAQs I Resources Spanish I I Korean
The Redistricting Process
Every 10 years, local governments use new data from the Census to redraw their district lines to reflect how local populations have changed. State law requires cities and counties to engage communities in the redistricting process by holding public hearings and doing public outreach, including to underrepresented and non-English-speaking communities. The City of South Pasadena is asking for your help to plan, draw, and redivide new City districts.

You will help us define the five City Council districts for the City of South Pasadena, and these new districts will impact who you elect to represent you on the City Council for the next 10 years.
7 Example Collateral Materials
Flyers and mailers were made available and distributed to the public.

Public Hearing Flyer (English, Spanish, Traditional Chinese and Korean) 16 - 60
T i
p e are
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n op to I a or roe s an
how s.

We want to he r from Y 1rtual Workshop!
w i I have a discussion ties of i d
prOV1de a demons ra appin
January 31, 2022 at 6 PM
Zoom Link: ~.-.&i• _ _ Qc ____ ~--"0-""-_. _._.__,,.__._~ E · · wing a map! e City o
S esi s i m ps of
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Learn more abou the red st ctlng process at
southpasadeoaca IDYLcedistcictiD1,
I Ci>yol SOUTH

PASADENA
s, ailing:
8 Mailer Content
Front Side
16 - 61
i ess of · ity ict
p liforni odi
1 er le us
u is p oc s th ii
o fcon
rlcting impact my comm e · ·cti de ermi ·
nd com uni ou th o oti g dis
ing a City Cou er. is in pu on of
oura es hep m o s eyon h
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C o . r !
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d , e ity to exp ess t e1r
vi n lee candida .

Make Your Voice Heard at a Public eef ng:

January 19 2022 at 7:30 P I Pu I c earmg 2
-Identify neighborhood , communi ; s of mtere ond econdory oreo .

January 31, 2022 at 6 PM I Vi u I or s op • Discussion on communities of interest and mopping tool demonstra fon.

February 18, 2022 by S PM I D ad in o s
at e arc 2. 2022 ubrc ear"ng.

March 2, 2022 at 7:30 PM I ublic earing 3
- R~ ·e and discuss drafi maps and elec ion sequencing. m ps for conside a ion
March 7, 2022 by 12 PM I Final dea line to s mi maps for co side a ion.

Pu I c, put on draf m ps ,s enco rag d ch rough arc 6, 2022.

Marc 16, 2022 at7:30 PM I Pubhc e ring
- Identify and adop a pref erred map.

For public hearing information, the community survey and map-drawing resources, visit-· Questions, feedback and map submissions can be submitted to - or dropped off at the City Clerk's Office.

I Ci>yol SOUTH

PASADENA
9 Back Side
16 - 62
0 N
City of South Pasadena 2022 Redistricting
Public Map Submission
INSTRUCTIONS:

Draw your proposed istnct oun nes u ing color d p n or pe cil , h 2020 total po ulation or each ,.populatio uni area is s o ~non the map.

Each of the five (S) districts should have approximate y 5,400 residents. A bala ced map will hav no mor a a S O diff renc in population b een he larges and smallest districts.

Submit your complet d map in person o by ii tOt.e.cll.SlJ:J.Clllilil~l.U.CJ~l.SaJCl.e.Cl.a,Cj~~ Name:
70 eo
112 187 41
105 134
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200 91
1$8 162
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240 23S
Phone I email:

An electronic version of this mop is available on the City's vebsite to do nload and print I Ci>yol SOUTH

PASADENA
116 320
s 311 ~ C:
~
10 Social Media Content
16 - 63
c· y of South Pasadena - Lo .••
I .;or: •
Communities of interest are overlapping sets of
neighoorhoods. networks and groups that share
interests, viewst cultures, histories, languages
or values and whose ooundaries can be
identified on a map.

Let us know YOUR communities of interest
so we can draw better-i fonned maps as part of
the #Redistricting process:
https:/lwww.southpasadenaca.gov/governmenur
edistr· cting/redi stricting-commu nity-survey
~ This leads to a better understanding of
community needs and concerns and can lay the
groundwork for achieving a strong collective
v0,ice.

SOUTH
c· yof South Pasadena- Lo ...
on
Don't forgetl Join us January 31 at 6 PM for
the second #So PasadenaRedis ( cting
• ••
community workshop. You'll have an opportunity
to share your feedback on how the City should
redistrict and learn how to use the mapping
tools to draw your own map for City Council
consideration.

Zoom link:
ttps://us06web.zoo . us/j/83877548027
Learn more about the workshop and the
redistricting process at
.so t pasadenaca.gov/redistfcting
Red strlctlng
Community Workshop
January 31, 2022 at 6 PM
llllll
llll_ ____ ~
I Ci>yol

PASADENA
17 - 1
17 City Council
Agenda Report
DATE: March 2, 2022
FROM: Armine Chaparyan, City Manager ~
PREPARED BY: Brian Solinsky, Police Chief
Alison Wehrle, Management Analyst
ITEM NO.

SUBJECT: First Reading and Introduction of an Ordinance Amending Chapter 18, Article VI of the South Pasadena Municipal Code to Prohibit the Sale of All Tobacco Products and Electronic Smoking Devices
Recommendation
It is recommended that the City Council read by title only for first reading, waiving further reading, and introduce an ordinance to amend Chapter 18, Article VI of the South Pasadena Municipal Code to Prohibit the Sale of All Tobacco Products and Electronic Smoking Devices.

Executive Summary
At the July 21 , 2021 regular meeting, City Council directed staff to study and recommend key policy provisions for an ordinance that would ban the sale of all tobacco products in South Pasadena. After researching the issue, staff determined that these goals could be accomplished in an amendment to the existing tobacco regulations, South Pasadena Municipal Code (SPMC) Chapter 18, to ban the sale of tobacco products. The attached draft ordinance would repeal the existing Tobacco Retailer Permit Ordinance (SPMC 18.101 , et seq) and replace such with a prohibition of tobacco sales citywide.

Background
While many cities have prohibited the sale of flavored tobacco products, only two other cities in the United States, Beverly Hills and Manhattan Beach, have passed bans on all tobacco products.

According to the Center for Disease Control and Prevention (Fast Facts, 2020), Cigarette smoking causes more than 480,000 deaths each year in the United States.

Smoking is associated with more deaths than the following causes combined:
o Human immunodeficiency virus (HIV)
o Illegal drug use
o Alcohol use
o Motor vehicle injuries
o Firearm-related incidents
First Reading of an Ordinance to Prohibit the Sale of Tobacco Products March 2, 2022

Page 2 of 7 ends

Tobacco use is linked to several chronic diseases, including cancer, cardiovascular disease, emphysema, chronic obstructive pulmonary disease, pneumonia, diabetes, and arthritis. Exposure to secondhand tobacco smoke also poses a risk for chronic disease, coronary heart disease, stroke, and lung cancer.

The California Department of Public Health’s California Tobacco Control Program (CTCP) states that nearly 12,000 young people try their first cigarette every day, with approximately 68% of adult smokers in California starting to smoke before the age of

18. It is estimated that more than 440,600 Californian children living today will die prematurely because they will become smokers.

The University of California at San Francisco conducted a study (Findings from the California Tobacco Program Media Campaign Evaluation Endgame Questions, September 2021) and found that residents in Los Angeles County between the ages of 18-55 years old overwhelmingly supported the phasing out of cigarette sales within the next five years. The survey was conducted between August 2019 and August 2021 with respondents from multiple ethnic and cultural backgrounds.

Restricting the sale of tobacco products differs from restricting smoking activity:
• Smoking Activity: To promote healthy living, the City has long supported no-smoking policies. In 2018, the City prohibited smoking on public sidewalks, walkways, parkways, curbs, and gutters. One of the primary goals of the City's aggressive approach with these policies is to protect the public from unwanted exposure to secondhand smoke.
• Sale of Tobacco Products: While the City prohibits smoking in many locations, the City does allow the sale of tobacco products through a regulatory permit process. On February 18, 2009, the City Council formally adopted Ordinance 2184 requiring establishments selling tobacco products to obtain a Tobacco Retailer Permit, renewable every year.

The South Pasadena Municipal Code (SPMC) § 18.102(a) currently states: Tobacco Retailer Permit Required. It is unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid tobacco retailer permit ("permit") pursuant to this article for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer permit is a nuisance as a matter of law.

SPMC §18.101(g) defines a tobacco product as "Tobacco product" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced 17 - 2
First Reading of an Ordinance to Prohibit the Sale of Tobacco Products March 2, 2022

Page 3 of 7 ends

into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

Analysis
At the October 18, 2021 Public Safety Commission Special Meeting, Staff introduced a framework for discussion on exploring and developing a policy to ban the sale of tobacco products within the City of South Pasadena. The Commission reviewed a number of documents, took public comment, and held a discussion on the subject matter, putting together a set of recommendations for an initial draft ordinance to be presented to the City Council at a later date.

At the January 10, 2022 Public Safety Commission Regular Meeting, the Commission reviewed an updated a draft ordinance, incorporating suggestions of both the Commission and the City Attorney. With five of seven Commissioners in attendance, the Commissioners voted 4-1 in favor of supporting an endorsement of the updated draft ordinance as written.

Legal Review
Ahead of the January 10, 2022 Public Safety Commission regular meeting, the City Attorney provided guidance and made updates to the original draft ordinance, incorporating many of the Public Safety Commission’s recommendations for a potential ban of the sale of all tobacco products, including adding structure to the hardship exemption process and the addition of a recommended effective date of November 20, 2022.

The attached updated draft ordinance (Attachment 1) includes changes to the appropriate sections of the City’s current municipal code that would need to be altered, including sections outlining the tobacco retailer permit application, issuance, requirements, renewal, compliance, and monitoring processes. Also included in the updated draft ordinance are new sections regarding ban enforcement, requirements for a single hardship exemption application, and the hearing procedure for a requested hardship exemption. The City Attorney has opined that the suggestion to only allow small businesses to apply for a hardship exemption be omitted, and is not included in the attached updated draft ordinance.

Business Impact Mitigation Update
Several of the tobacco retailers contacted, including gas stations, convenience stores, and a cigar lounge have provided various figures as to the extent to which a ban on tobacco sales could impact or affect their businesses. Some have estimated between 15-20% of their revenue is from tobacco sales.

Staff has considered various options to assist small businesses in mitigating the impact of revenue lost from tobacco sales. Staff members met with a representative from the Small Business Development Center ("SBDC") at Pasadena City College and discussed 17 - 3
First Reading of an Ordinance to Prohibit the Sale of Tobacco Products March 2, 2022

Page 4 of 7 ends

options to support the small businesses within the City, including providing a presentation of local businesses' services at a Chamber of Commerce meeting. The SBDC offers free one-on-one advising with small business experts to help them avoid many of the common problems faced by entrepreneurs. Other benefits include locating and applying for small business loans, including financing and educational workshops and events.

The representative also informed staff about the SCORE program, which is the nation's largest volunteer, expert business mentoring program. A resource partner for the Small Business Administration, the SCORE business mentorship program gives entrepreneurs a unique opportunity to receive personalized counseling from someone with more than 20 years of experience in their industry. Mentors retain accessibility with clients via email and schedule in-person appointments to meet with and mentor both existing and future business owners. There are also a large variety of hosted webinars, workshops, and interactive online training modules available for businesses to participate in.

A representative from the SBDC at Pasadena City College provided a presentation at the December 7, 2021 Chamber of Commerce ShopTalk meeting. The representative presented on the organization and the variety of services and consulting that are available to all types of businesses, including business planning, legal and accounting, loan advice, sales and marketing, product diversification, and more. Additional information about the offerings of the SBDC can be found in Attachment 10. The recording of the presentation will be available on the Chamber of Commerce’s website, and Staff is able to put any interested business in contact with the SBDC and/or the Chamber of Commerce for any business advising needs.

Tobacco Retailers in South Pasadena
There are currently 11 establishments with active City-issued Tobacco Cigarette Retailer Permits. One retailer is a cigar lounge, Fair Oaks Cigar, which sells tobacco and liquor-related products and allows smoking indoors. Other retailers include three grocery stores, four gas stations, two convenience stores, and one convenience store/pharmacy.

Staff Composition of Existing Retailers
Category Number of Retailers
Cigar lounges 1
Grocery stores 3
Gas stations 4
Associated with bed and
breakfast
0 Convenience stores or
pharmacies
3 Total 11
17 - 4
First Reading of an Ordinance to Prohibit the Sale of Tobacco Products March 2, 2022

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The magnitude to which a business relies on revenue generated from tobacco sales varies upon its category and business model. For a large grocery store selling a higher volume of various goods, tobacco-related products might represent a small or even insignificant portion of overall sales. For small businesses such as gas stations or convenience stores, tobacco has not been shown to be a significant portion of revenue.

The cigar lounge at issue has tobacco sales as the primary source of revenue, and an amortization period is more difficult to calculate and address. Therefore, a sufficient time for implementing such an ordinance should be evaluated. Here, the impacts regarding youth exposure are minimized due to the lounge/club arrangement of the business.

Staff has discussed options with experts in retail tobacco sales, who have indicated that a phased approach to prohibiting tobacco sales would be appropriate and has worked well for the Cities of Beverly Hills and Manhattan Beach. Considering these issues, staff recommends adopting a provision to exempt the one existing cigar lounge, Fair Oaks Cigars, from the ban. Other businesses that do not rely solely on tobacco sales revenue would not be issued new or renewal permits (permits must be renewed annually or will expire). Under this approach, tobacco products would still be available for sale at one location in South Pasadena, yet others sell off their inventory and explore other products and business models.

Key Provisions of the Proposed Ordinance and Updated Timeline The proposed ordinance includes two primary modifications to Article VI of Chapter 18 of the South Pasadena Municipal Code. The proposed ordinance:

1. States that it shall be unlawful for any Retailer to sell or offer for sale any Tobacco Product; and

2. Establishes an effective date of November 20, 2022 for the tobacco ban for any retailer operating at the effective date of the Ordinance. This delay allows expiration of all known current tobacco retailer permits, and provides all existing tobacco retailers with several months to sell their remaining inventory of tobacco products, notwithstanding any granted hardship exemption. This provision is recommended to address any takings challenges, in order to allow tobacco retailers a reasonable time to amortize the value of remaining tobacco products that cannot be used after the prohibition takes effect.

The ordinances will become effective 30 days after adoption by City Council. However, the ordinance includes an implementation period to allow the City to notify tobacco retailers in South Pasadena. This will provide time for tobacco retailers to sell their existing inventory of tobacco products and comply with the ban or apply for a one-time hardship exemption. Tobacco retailers have indicated that they could face a financial strain if an ordinance were to go into effect immediately. If the City Council were to adopt the ordinance as presented, the implementation timeline would be as follows:
17 - 5
First Reading of an Ordinance to Prohibit the Sale of Tobacco Products March 2, 2022

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• March 2, 2022: First Reading and Introduction of Ordinance • March 16, 2022: Second Reading and Adoption of Ordinance • April 16, 2022: Ordinance Takes Effect
• November 20, 2022: Enforcement Takes Effect
Fiscal Impact
Should City Council choose to adopt a ban on the sales of all tobacco products, a direct fiscal impact to the City would be the elimination of revenue from issuing the Tobacco Retailer Permits. The current fee for the permit is $120, paid annually by each retailer. Since there are currently eleven retailers in the City, staff estimates the loss of permit revenue to be approximately $1,320 annually. The permit revenue is a costrecovery fee; therefore, staff time involved in the administration and enforcement of the permits could be reallocated to other activities.

Alternatives Considered

1. Consideration of a potential ban on the sale of only flavored tobacco products.

2. Consideration of a potential ban on the sale of only vaping products.

3. Decline to enact a ban on the sale of tobacco products.

Community Outreach
Staff has notified retailers multiple times through in-person visits, mail, email, and telephone regarding upcoming meetings and discussions. The City's website has been updated with the latest meeting information, and multiple notices were disseminated notifying retailers and interested parties of public meetings and Commission recommendations. Additionally, the following public meetings and outreach have taken place:
• August 3, 2021 – South Pasadena Chamber of Commerce Regular Meeting. • August 18, 2021 – Outreach to Fair Oaks Cigar.
• September 8-9, 2021 – Police Department staff conducted in-person outreach at all retail establishments that sell tobacco products in the City. • September 27, 2021— Police Department staff mailed noticing to all retail establishments that sell tobacco products in the City, and emailed noticing to businesses with email addresses on file.
• October 7, 2021 – Police Department staff provided additional in-person outreach reminders.
• October 18, 2021 – Public Safety Commission Special Meeting review. • December 7, 2021 – Small Business Development Center (“SBDC”) Pasadena City College presentation at Chamber of Commerce Meeting. • December 30, 2021 – Police Department staff conducted in-person outreach, mailed noticing to all retail establishments that sell tobacco products within the City, and emailed noticing to businesses with email addresses on file regarding the continued discussion on January 10, 2022.
17 - 6
First Reading of an Ordinance to Prohibit the Sale of Tobacco Products March 2, 2022

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• January 5, 2022 - Police Department staff conducted in-person outreach to all retail establishments that sell tobacco products within the City and emailed noticing to businesses with email addresses on file to advise that the January 10, 2022 Regular Meeting would be held remotely via Zoom.
• January 10, 2022 Public Safety Commission Regular Meeting review. • February 17, 2022 Police Department staff conducted in-person outreach and mailed noticing to all retail establishments that sell tobacco products within the City, regarding the City Council review on March 2, 2022. • February 18, 2022 – Notice of Public Hearing regarding City Council review was published in the South Pasadena Review.

Environmental Analysis
The action considered is exempt from the California Environmental Quality Act (CEQA), as it is not considered a "project" pursuant to Section 15378(b)(5) of CEQA Guidelines.

The action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.

Commission Review and Recommendation
This matter was reviewed by the Public Safety Commission. On January 10, 2022, the Commission recommended in a 4-1 vote that the City Council support the draft ordinance as written.

Public Noticing
A Public Hearing Notice was Published February 18, 2022 in the South Pasadena Review.

Attachments:

1. Draft Ordinance amending SPMC Chapter 18 Article VI

2. CDC Fast Facts

3. Findings from the California Tobacco Program Media Campaign Evaluation Endgame Questions

4. Ordinance 2184 – Tobacco Retail Fee - 2009

5. Not for Sale: The State Authority to End Cigarette Sales

6. South Pasadena Climate Action Plan Link

7. Small Business Development Center (“SBDC”) Flyer
17 - 7
ATTACHMENT 1
Draft Ordinance with Public Safety Commission and City
Attorney Edits (includes SPMC Article VI Chapter 18 edits) 17 - 8
272758.1
ORDINANCE NO. [_________]

AN ORDINANCE OF THE CITY OF SOUTH PASADENA
AMENDING CHAPTER 18, ARTICLE VI OF THE SOUTH

PASADENA CITY CODE TO PROHIBIT THE SALE OF ALL

TOBACCO PRODUCTS AND ELECTRONIC SMOKING

DEVICES
WHEREAS, tobacco use causes disease and death and constitutes an urgent public health threat as it remains the leading cause of preventable death and disability in the United States, with 480,000 people dying prematurely in the United States from smoking-related diseases every year. In the United States, smoking is responsible for about one in every five deaths, more deaths each year than human immunodeficiency virus (HIV), illegal drug use, alcohol use, motor vehicle injuries, microbial agents, and toxic agents combined.

WHEREAS, cigarette smoking kills 40,000 Californians annually, and is the cause of more than one in four cancer deaths in California.

WHEREAS, tobacco use can affect nearly all organ systems and is responsible for 87 percent of lung cancer deaths, 79 percent of all chronic obstructive pulmonary disease deaths, and 32 percent of coronary heart disease deaths. According to the World Health Organization, tobacco use accounts for the greatest cause of death worldwide, responsible for nearly 6 million deaths per year. Over 16 million Americans have at least one disease caused by smoking.

WHEREAS, secondhand smoke, according to the Centers for Disease Control and Prevention, causes stroke, lung cancer, and coronary heart disease in adults. In addition, it increases risks for sudden infant death syndrome, respiratory symptoms, middle-ear disease, and slows lung growth in children.

WHEREAS, smoking costs California $13.29 billion in annual health care expenses, $3.58 billion in Medicaid costs caused by smoking, and $10.35 billion in smoking-caused productivity losses.

WHEREAS, unless smoking rates decline, 441,000 of California youth alive today will die prematurely. California youth tobacco usage is increasing. The U.S.

Surgeon General declared youth e-cigarette use an “epidemic,” and 1 in 10 Los Angeles County high school students say they are current e-cigarette users.

WHEREAS, the City of South Pasadena recognizes that the use of tobacco products has devastating health and economic consequences.

WHEREAS, cigarette butts are the most-littered object in the world and the item most often found in beach cleanups globally. Cigarette butts contribute 17 - 9
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nonbiodegradable plastic, nicotine, heavy metals, pesticides, and other toxic substances to land and marine environments, down to the bottom of the oceans.

California’s Trash Amendments, a standard under the federal Clean Water Act, requires prevention or capture of trash such as cigarette butts and other tobacco product waste before it enters state waterways.

WHEREAS, it is the intent of the Council of the City of South Pasadena to provide for the public’s health, welfare, and safety by protecting its residents, especially young people, from the inherent dangers of tobacco use.

WHEREAS, it is the intent of the Council of the City of South Pasadena to provide for sufficient time to businesses currently selling tobacco products to phase out stocks on hand and cease operations in an orderly manner.

NOW THEREFORE, THE COUNCIL OF THE CITY OF SOUTH PASADENA DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby amends the South Pasadena Municipal Code Chapter 18, Article VI, section 18.103 to read as follows, with additions denoted in underline and deletions denoted in strikethrough, to become effective April 16, 2022:

18.103. LIMITS ON ELIGIBILITY FOR A TOBACCO PERMIT.
(a) No permit may issue to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.
(b) No tobacco retailer may be located within five hundred feet of any public school as measured from the closest point on the property line of the parcels containing the retailer’s establishment and the school. Such measurement shall be in a straight line without regard to intervening structures. No existing business within five hundred feet of a public school may begin operation as a tobacco retailer after the effective date of the ordinance codified in this section. (c) No permit shall be issued after March 2, 2022.

SECTION 2. The City Council hereby amends the South Pasadena Municipal Code Chapter 18, Article VI, section 18.106 to read as follows, with additions denoted in underline and deletions denoted in strikethrough, to become effective April 16, 2022:

18.106. PERMIT RENEWAL AND EXPIRATION.
(a) Renewal of Permit. A tobacco retailer permit is invalid if the appropriate fee has not been timely paid in full or if the term of the permit has expired. The term of a tobacco retailer permit is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer permit and submit the permit fee no later than 17 - 10
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thirty days prior to expiration of the term. All new tobacco retailer permits and renewal of existing permits issued after March 2, 2022 shall be renewed only through November 20, 2022.
(b) Expiration of Permit. A tobacco retailer permit that is not timely renewed shall expire at the end of its term. To renew a permit not timely renewed pursuant to subsection (a), the proprietor must:
(1) Submit the permit fee and application renewal form; and (2) Submit a signed affidavit affirming that the proprietor:
(A) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the permit expiration date and before the permit is renewed, or
(B) Has waited the appropriate ineligibility period established for tobacco retailing without a permit, as set forth in Section 18.112(a) of this article, before seeking renewal of the permit.

SECTION 3. The City Council hereby amends the South Pasadena Municipal Code Chapter 18, Article VI to read as follows, with additions denoted in underline and deletions denoted in strikethrough, to become effective November 20, 2022:

ARTICLE VI – TOBACCO RETAILER PERMIT PROHIBITION OF THE

RETAIL SALE OF TOBACCO PRODUCTS AND ELECTRONIC SMOKING

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18.101 – DEFINITIONS.

The following words and phrases, whenever used in this article, shall have the meanings defined in this section unless the context clearly requires otherwise:
(a) “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this article is not an arm’s length transaction.
“Cigar” means any roll of tobacco other than a cigarette wrapped entirely in tobacco or any substance containing tobacco and weighing more than 4.5 pounds per thousand.
“Cigar lounge” means a tobacco retailer that (1) contains an enclosed area in or attached to the tobacco retailer that is dedicated to the use of cigars, (2) 17 - 11
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does not sell any tobacco products other than cigars, and (3) only permits patrons who are the state minimum age to purchase (currently 21 years of age or older) to enter the premises.
(b) “Department” means the finance department and any agency or person designated by the department to enforce or administer the provisions of this article.
“Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine and whether or not sold separately.

Electronic Smoking Device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
(c) “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

(d) “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.
(e) “Self-service display” means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer and a direct person-to-person transfer between the purchaser and the retailer. A vending machine is a form of self-service display.
“Sale” or “Sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever. (f) “Smoking” means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind), and means the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind).
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(g) “Tobacco product” means: any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. 1) any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; 2) any electronic smoking device as defined in this section and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine and whether or not sold separately; or 3) any component, part, or accessory of 1) or 2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, and pipes. “Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. (h) “Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. “Tobacco retailing” means the doing of any of these things.

This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. A tobacco retailer can be a primary or accessory land use (as defined in SPMC 36.700.020 or its successor) means any person who sells, exchanges, or offers to sell or exchange, for any form of consideration, tobacco products or electronic smoking devices. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange. A tobacco retailer can be a primary or accessory use (as defined in SPMC 36.700.020 or its successor)
“Tobacco retailing” means engaging in the activities of a tobacco retailer.

18.102 – REQUIREMENTS AND PROHIBITIONS.
(a) Tobacco Retailer Permit Required. It is unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid tobacco retailer permit (“permit”) pursuant to this article for each location at which that activity is to occur.

Tobacco retailing without a valid tobacco retailer permit is a nuisance as a matter of law. It shall be unlawful for any person to sell or offer for sale a tobacco product in the city unless authorized by this chapter.
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(b) Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a permit issued, it shall be a violation of this article for a permittee, or any of the permittee’s agents or employees, to violate any local, state, or federal law applicable to tobacco products or tobacco retailing.
(c) Display of Permit. Each tobacco retailer permit shall be prominently displayed in a publicly visible location at the permitted location. (d) Positive Identification Required. No person engaged in tobacco retailing shall sell or transfer a tobacco product to another person who appears to be under the age of twenty-seven years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product.
(e) Minimum Age for Persons Selling Tobacco. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing.
(f) Self-Service Displays Prohibited. Tobacco retailing by means of a selfservice display is prohibited. (g) False and Misleading Advertising Prohibited. A tobacco retailer or proprietor without a valid tobacco retailer permit, including, for example, a person whose permit has been suspended or revoked:
(1) Shall keep all tobacco products out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a permit under Section 18.112; and
(2) Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location. (Ord. No. 2184, § 2, 2009.)
(b) This section shall not apply to a cigar lounge that:
(1) held a valid tobacco retailer permit in the city and is operating as a cigar lounge as of March 2, 2022;
(2) does not allow the use of any tobacco products, except cigars, on the premises;
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(3) all cigar sales are conducted only in-person at the location licensed as of March 2, 2022;
(4) is in compliance with State law;
(5) has not changed ownership after March 2, 2022;
(6) has not expanded in size or changed its location after March 2, 2022; and
(7) has not closed for more than 60 consecutive days after March 2, 2022.

18.103. LIMITS ON ELIGIBILITY FOR A TOBACCO PERMIT.
(a) No permit may issue to authorize tobacco retailing at other than a fixed location.

For example, tobacco retailing by persons on foot or from vehicles is prohibited. (b) No tobacco retailer may be located within five hundred feet of any public school as measured from the closest point on the property line of the parcels containing the retailer’s establishment and the school. Such measurement shall be in a straight line without regard to intervening structures. No existing business within five hundred feet of a public school may begin operation as a tobacco retailer after the effective date of the ordinance codified in this section. (Ord. No. 2258, § 23, 2013.)

18.104. APPLICATION PROCEDURE
(a) Application for a tobacco retailer permit shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof.
(b) It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer permit. No proprietor may rely on the issuance of a permit as a determination by the city that the proprietor has complied with all state and federal laws applicable to tobacco retailing. A permit issued contrary to this article, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 18.111(d) of this article. Nothing in this article shall be construed to vest in any person obtaining and maintaining a tobacco retailer permit any status or right to act as a tobacco retailer in contravention of any provision of law. (c) All applications shall be submitted on a form supplied by the department and shall contain the following information:
(1) The name, address, and telephone number of each proprietor of the business seeking a permit;
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(2) The business name, address, and telephone number of the single fixed location for which a permit is sought;
(3) A single name and mailing address authorized by each proprietor to receive all communications and notices (the “authorized address”) required by, authorized by, or convenient to the enforcement of this article. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (c)(2); (4) Proof that the location for which a tobacco retailer permit is sought has been issued a valid state tobacco retailer permit by the California Board of Equalization;
(5) Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this article and, if so, the dates and locations of all such violations within the previous five years; (6) A nonrefundable application fee, as set and as may be amended from time to time by city council resolution;
(7) Such other information as the department deems necessary for the administration or enforcement of this article as specified on the application form required by this section.
(d) A permitted tobacco retailer shall inform the department in writing of any change in the information submitted on an application for a tobacco retailer permit within ten business days of a change.
(e) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Section 6250 et seq.) or any other applicable law, subject to the laws’ exemptions. (Ord. No. 2258, § 24, 2013.)

18.105. ISSUANCE OF PERMIT.

Upon the receipt of a complete application for a tobacco retailer permit and the permit fee required by this article, the department shall issue a permit unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(a) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this article; (b) The application seeks authorization for tobacco retailing at a location for which this article prohibits issuance of tobacco retailer permits. However, this subsection shall not constitute a basis for denial of a permit if the applicant provides the city with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm’s length transaction 17 - 16
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(c) The application seeks authorization for tobacco retailing for a proprietor to whom this article prohibits a permit to be issued;
(d) The application seeks authorization for tobacco retailing that is prohibited pursuant to this article (e.g., mobile vending), that is unlawful pursuant to this Code including, without limitation the zoning code, building code, and business license tax code, or that is unlawful pursuant to any other law. (Ord. No. 2184, § 2, 2009.)

18.106. PERMIT RENEWAL AND EXPIRATION.
(a) Renewal of Permit. A tobacco retailer permit is invalid if the appropriate fee has not been timely paid in full or if the term of the permit has expired. The term of a tobacco retailer permit is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer permit and submit the permit fee no later than thirty days prior to expiration of the term.
(b) Expiration of Permit. A tobacco retailer permit that is not timely renewed shall expire at the end of its term. To renew a permit not timely renewed pursuant to subsection (a), the proprietor must:
(1) Submit the permit fee and application renewal form; and (2) Submit a signed affidavit affirming that the proprietor:
(A) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the permit expiration date and before the permit is renewed, or (B) Has waited the appropriate ineligibility period established for tobacco retailing without a permit, as set forth in Section 18.112(a) of this article, before seeking renewal of the permit. (Ord. No. 2258, § 24, 2013.)

18.107. PERMITS NONTRANSFERRABLE.
(a) A tobacco retailer permit may not be transferred from one person to another or from one location to another. A new tobacco retailer permit is required whenever a tobacco retailing location has a change in proprietorship. (b) Notwithstanding any other provision of this article, prior violations at a location shall continue to be counted against a location and permit ineligibility periods shall continue to apply to a location unless:
(1) The location has been or is being fully transferred to a new proprietor in an arm’s length transaction; and
(2) The new proprietor provides the city with clear and convincing evidence that the new proprietor has acquired or is acquiring the location in an arm’s length transaction. (Ord. No. 2258, § 24, 2013.)

18.108. PERMITS CONVEYS A LIMITED, CONDITIONAL PRIVILEGE 17 - 17
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Nothing in this article shall be construed to grant any person obtaining and maintaining a tobacco retailer permit any status or right other than the limited conditional privilege to act as a tobacco retailer at the location identified on the face of the permit. For example, nothing in this article shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including, but not limited to, any provision of this Code including without limitation the zoning code, building codes, and business license tax code, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5. For example, obtaining a tobacco retailer permit does not make the retailer a “retail or wholesale tobacco shop” for the purposes of California Labor Code Section 6404.5. (Ord. No. 2258, § 24, 2013.)

18.109. FEE FOR PERMIT.

The initial fee to issue or to renew a tobacco retailer permit is hereby established at one hundred twenty dollars or as set and amended from time to time by city council resolution. The fee shall be calculated so as to recover the cost of administration and enforcement of this article, including, for example, issuing a permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this article. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. (Ord. No. 2258, § 24, 2013.)

18.110. COMPLIANCE MONITORING
(a) Compliance with this article shall be monitored by the finance department. In addition, any peace officer may enforce the penal provisions of this article. The city may designate any number of additional persons to monitor compliance with this article.
(b) The department or other person designated to enforce the provisions of this article shall check the compliance of each tobacco retailer at least one time per twelvemonth period. The department may check the compliance of new permit and tobacco retailers previously found in violation of the licensing law more frequently. Nothing in this subsection shall create a right of action in any permittee or other person against the city or its agents.
(c) Compliance checks shall be conducted so as to allow the department to determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with laws regulating youth access to tobacco. When the department deems appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.
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(d) The city shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of the person’s age (hereinafter “youth decoy”) if the potential violation occurs when:
(1) The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the city of South Pasadena; (2) The youth decoy is acting as an agent of a person designated by the city to monitor compliance with this article;
(3) The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Los Angeles County department of health and/or Pasadena health department; or (4) The youth decoy has an immunity letter from the district attorney’s office. (Ord. No. 2258, § 25, 2013.)

18.111 SUSPENSION/REVOCATION OF PERMIT
(a) Suspension of Permit for Violation. In addition to any other penalty authorized by law, a tobacco retailer permit shall be suspended or revoked if any court of competent jurisdiction determines, or the department finds based on a preponderance of the evidence, after the permittee is afforded notice and an opportunity to be heard, that the permit, or any of the permittee’s agents or employees, has violated any of the requirements, conditions, or prohibitions of this article or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in Section

18.102 of this article. A tobacco retailer or proprietor whose permit has been suspended is deemed not to have a valid tobacco retailer permit during the suspension period for purposes of this article.
(b) Tobacco Retailer Permit Suspension/Revocation.
(1) After suspension for a first violation of this article at a location within any twelve-month period, no person may engage in tobacco retailing at the location until fifteen days have passed from the date of suspension.
(2) After suspension for a second violation of this article at a location within any twenty-four-month period, no person may engage in tobacco retailing at the location until thirty days have passed from the date of suspension. (3) After suspension for a third violation of this article at a location within any thirty-six-month period, no person may engage in tobacco retailing at the location until ninety days have passed from the date of suspension.
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(4) After revocation for four or more violations of this article at a location within any forty-eight-month period, no new permit may issue for the location until one year has passed from the date of revocation.
(c) Appeal of Suspension/Revocation. A decision of the department to suspend or revoke a permit is appealable to the city manager and must be filed with the city clerk within ten days of mailing of the department’s decision. If such an appeal is made, it shall stay enforcement of the appealed action. An appeal to the city manager is not available for a suspension or revocation made pursuant to subsection (d) of this section.
(d) Revocation of Permit Wrongly Issued. A tobacco retailer permit shall be revoked if the department finds, after the permittee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a permit under Section 18.105 existed at the time application was made or at any time before the permit issued. The decision by the department shall be the final decision of the city. Such a revocation shall be without prejudice to the filing of a new permit application. (e) Notice of City Manager Decision. The decision of the city manager (or of the department in the event of revocation pursuant to Section 18.111(d)) shall be mailed to the permittee within five working days of the hearing and shall be final. The decision shall make reference to the time limitation to file a writ to challenge the decision in Sections 1094.5 and 1094.6 of the Code of Civil Procedure. (Ord. No. 2258, § 25, 2013.)

18.112 TOBACCO RETAILING WITHOUT A PERMIT
(a) In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the department finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer permit, either directly or through the person’s agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailing permit as follows:
(1) After a first violation of this section at a location within any sixty-month period, no new permit may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until thirty days have passed from the date of the violation.
(2) After a second violation of this section at a location within any sixty-month period, no new permit may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until ninety days have passed from the date of the violation. (3) After a third or subsequent violation of this section at a location within any sixtymonth period, no new permit may issue for the person or the location (unless 17 - 20
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ownership of the business at the location has been transferred in an arm’s length transaction), until five years have passed from the date of the violation. (b) Tobacco products and tobacco paraphernalia offered for sale or exchange in violation of this section are subject to seizure by the department or any peace officer and shall be forfeited after the permittee and any other owner of the tobacco products and tobacco paraphernalia seized are given reasonable notice and an opportunity to demonstrate that the tobacco products and tobacco paraphernalia were not offered for sale or exchange in violation of this article. The decision by the department may be appealed pursuant to the procedures set forth in Section 18.111(c). Forfeited tobacco products and tobacco paraphernalia shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure Section 1094.6 or other applicable law has expired without the filing of a writ or, if such a writ is filed, after judgment in that writ becomes final. (c) For the purposes of the civil remedies provided in this article, the following shall constitute a separate violation of this article:
(1) Each day on which any tobacco product or tobacco paraphernalia is offered for sale in violation of this article; or
(2) Each individual retail tobacco product and each individual retail item of tobacco paraphernalia that is distributed, sold, or offered for sale in violation of this article. (Ord. No. 2258, § 25, 2013.)

18.113. ENFORCEMENT
(a) Violations of this article are subject to a civil action brought by the city prosecutor or the city attorney, punishable by a civil fine not less than two hundred fifty dollars and not exceeding one thousand dollars per violation.
(b) Violations of this article may, in the discretion of the city prosecutor, be prosecuted as infractions or misdemeanors when the interests of justice so require. (c) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this article shall also constitute a violation of this article. (d) Any violation of this article is hereby declared to be public nuisances. (e) The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity. In addition to other remedies provided by this article or by other law, any violation of this article may be remedied by a civil action brought by the city attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (Ord. No. 2258, § 25, 2013.)

18.103. ENFORCEMENT.
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(a) Compliance with this article shall be monitored by the Department of Planning and Community Development Department. The city may designate any number of additional persons to monitor compliance with this article. (b) Violations of this article are subject to a code enforcement action brought by the city, punishable by a civil fine pursuit by the Chapter 1A. (c) Violations of this article may be prosecuted as infractions or misdemeanors when the interests of justice so require.
(d) Any violation of this article is hereby declared to be a public nuisance. (e) The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity. In addition to other remedies provided by this article or by other law, any violation of this article may be remedied by a civil action brought by the city attorney, including administrative or judicial nuisance abatement proceedings and suits for injunctive relief. (Ord. No. 2258, § 25, 2013.) (f) For the purposes of the civil remedies permitted under this article and state law, each day on which a tobacco product or electronic smoking device is offered for sale in violation of this article, and each individual tobacco product or electronic smoking device that is sold, or offered for sale in violation of this article, shall constitute a separate violation of this article.

18.104. HARDSHIP EXEMPTION.
(a) An application for a hardship exemption to extend the time to comply with this article may be filed pursuant to this section.
(b) The term of any hardship exemption granted under this article shall be no longer than 12 months beyond November 20, 2022, based on the circumstances presented by such applicant.
(c) Any tobacco retailer that holds a valid tobacco retailer permit in the city and is operating as of March 2, 2022, that finds it necessary to sell tobacco products on or after November 20, 2022, may apply for one hardship exemption. A tobacco retailer must submit a complete application for a hardship exemption at any time between March 2, 2022 and June 16, 2022. Such application shall be made in writing on a form prescribed by the department and shall be accompanied by the filing fee established by resolution of the City Council. The tobacco retailer shall bear the burden of proof in establishing, by a preponderance of the evidence, that the application of Ordinance _____, amending South Pasadena’s Municipal Code Chapter 18, to the tobacco retailer’s business is unreasonable, and will cause significant hardship to the tobacco retailer by not allowing the tobacco retailer to recover his or her investment backed expectations. The tobacco retailer applying for the exemption shall furthermore 17 - 22
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be required, in order to meet its burden of proof, to submit the documents set forth in this section.
(d) A complete application for a hardship exemption shall include the following:
(1) The tobacco retailer’s name and street address of business; (2) The address to which notice is to be mailed, at the tobacco retailer’s option, a telephone number and email address;
(3) The tobacco retailer’s signature;
(4) A declaration, under penalty of perjury, that all the information in the application is true and correct;
(5) The term of the requested extension not to exceed the maximum length of time permissible under subsection (b) of this section; (6) Documentation relevant to the information requested in subsection (e) of this section;
(7) Evidence of valid current tobacco retailer permit; and (8) The required filing fees.
(e) In determining whether to grant a hardship exemption to the tobacco retailer, and in determining the appropriate length of time that the tobacco retailer will be authorized to continue retailing, the hearing officer, or City Council on appeal by the tobacco retailer, may consider, among other factors:
(1) The percentage of the retail sales over the last three years that have been derived from tobacco products;
(2) The amount of investment in the business;
(3) The present actual and depreciated value of any business improvements dedicated to the retail sale of tobacco products; (4) The applicable Internal Revenue Service depreciation schedule or functional non-confidential equivalent;
(5) The remaining useful life of the business improvements that are dedicated to the sale of tobacco products;
(6) The remaining lease term of the business, if any;
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272758.1
(7) The ability of the retailer to sell other products; (8) The opportunity for relocation of the business and the cost of relocation;
(9) A business plan demonstrating how long the business will need to sell tobacco products to recoup any investment backed expectations, and a plan for phasing out the sale of those products; and
(10) Information submitted by City staff, including but not limited to:
information regarding the prevalence of tobacco use; opportunities for business assistance in finding alternatives to selling tobacco products; costs associated with tobacco use including healthcare and lost productivity costs; and the retailer’s history of compliance with federal, state and local laws relating to tobacco control and other business regulations.
(f) The hardship exemption hearing shall be conducted by an Administrative Hearing Officer appointed by the City Manager. Written notice of the time and place of the hearing shall be given at least 10 calendar days prior to the date of the hearing to the retailer by the City either by causing a copy of such notice to be delivered to the retailer personally or by mailing a copy thereof, postage prepaid, addressed to the retailer at the address shown on the hardship exemption application. (g) Within 45 days after a completed application is filed, the hearing officer shall open the hearing on the hardship exemption. The hearing officer shall receive and consider evidence presented by the retailer and City staff and shall determine whether to grant or deny the hardship exemption, and if granting the hardship exemption, the length of time that the retailer will be permitted to operate. The hearing officer shall make written findings in support of the decision. The decision of the hearing officer shall be final and conclusive, unless a timely and complete appeal is filed by the retailer with the City Clerk pursuant to subsection (h) of this Section. (h) Any decision of the hearing officer may be appealed to the City Council by the tobacco retailer by filing a complete notice of appeal with the City Clerk within 15 days after notice of the decision was mailed to the applicant. To be deemed complete, the notice of appeal shall be signed by the tobacco retailer, shall state the grounds for disagreement with the decision of the hearing officer, and shall be accompanied by the filing fee established by resolution of the City Council. (i) Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the hardship exemption. 17 - 24
272758.1
(j) A tobacco retailer may continue to sell tobacco products while a hardship exemption application is pending before a hearing office or on appeal to the City Manager.
(k) Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.

SECTION 4. CITY COUNCIL REVIEW. Staff is hereby directed that within three years of the effective date of the ordinance, a study session item shall be scheduled whereby the City Council can assess the impacts that the ordinance has had on local businesses.

SECTION 5. SEVERABILITY. If any portion or provision of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the validity of the remaining portions or provisions or their application and, to this end, the provisions of this Ordinance are severable.

SECTION 6. CERTIFICATION AND PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.

SECTION 7. EFFECTIVE DATE. Unless expressly stated otherwise as to a specific Section of this Ordinance, this Ordinance shall go into effect and be in full force and effect thirty (30) days after its passage.

PASSED, APPROVED AND ADOPTED on this 16th day of March, 2022.

Tameka J. Cook, Chief City Clerk
Michael A. Cacciotti, Mayor
ATTEST:

APPROVED AS TO FORM:

Christina Muñoz, Deputy City Andrew L. Jared, City Attorney Clerk
17 - 25
ATTACHMENT 2
CDC Fast Facts
17 - 26
17 - 27
Centoo for Olseose: Controlond PtevenHon
Fast Facts
Diseases and Death
Smoking leads to disease and dlsablllty and harms nearly every organ of the body.• • More than 16 million Americans are IIVlng with a disease caused by smoking. • For every person who dies because of smoking, at least 30 people live with a serious smoking-related Illness. • Smoking causes cancer, hean: disease. stroke, lung diseases, diabetes, and chronic obstnJCtlve pulmonary disease (COPD), which includes emphysema and chronic bronchitis. • Smoking also increases risk for tuberculosis, cenaln eye diseases, and problems of the Immune system, including rheumatoid anhrilis.
• Smoking is a known cause of erecllle dysfunction in mares.

Smoking Is the leading cause or preventable death.
• Worldwlde, tobacco use causes more than 7 million deaths per year.l If the pattern of smoking all over the globe doesn't change, more than 8 million people a year will die from diseases related to tobacco use by 2030.' • Cigarette smoking is responsible for more than 480,000 deaths per yeJr in the United States, Including more than 41,000 deaths resulting from secondhand smoke exposure. This Is about one In nve deaths annually, or 1,300 deaths '!Nery clay.'
• On average, smokers die 10 years earlier than nonsmokers.' • If smoking continues at the (urrent rate among U.S. youth. 5.6 mill Ion of today's Americans younger than 18 years of age are expected to clie prematurely from a smoking-related Illness. This represent:S about one in every 13 Americans aged 17 years or younger who are allve today.'
Costs and Expenditures
Smoking costs the Un~ed States bllllons of dollars each year.'•' • Total economic cost of smoking Is more than $300 billion a year, ln(ludlng o More than S22S blllion In direct medical care for adulls~ o More th,m StS6 billion In lost productivity due to premature death and exposure to secondhand smoke' The tobacco Industry spends billions of dollars each year on cigaretle and smokeless tobacco advertising and promotions.&.1
• $8.Z billion was spent on advertising and promotion of cigarettes and smokeless tobacco combined-about $22.5 million everyday, and nearly $1 million every hour. Smokeless tobacco produCls include dry snuff. moist snuff, plug/twist, loose-leaf chewing tobacco. snus, and disso1vable product:S. • Price discounts to retailers account for 74.7% of all cigarette marketing (about $5,7 billion). These are discounts paid in order to reduce the price of cigarettes to consumers.

State spending on tobacco prevention and control does not meet CDC-recommended levers.•·"9 17 - 28
• States have billions of dollars from the taxes they put on tobacco produas and money from lawsui1s against clgaretle companies that they can use to prevent smoking and help smokers quit Right now. though, the states only use a very small amount of that money to prevent and conttol tobacco use. • In fiscal year 2020, states wlll collect $27.2 billion from tobacco taxes and settlements In court. but will only spend S740 million in the same year. Thats only 2.7% of ii spent on programs that can stop young people from becoming smokers and help current smokers quit.•
• Right now, not a single state out of SO funds these programs al COC's ·recommended" level. Only three states (Alaska.

California, and Maine) give even 70% of the full recommended amount. Twenty-eight states and the Olsuict of Columbia spend less than 20 percent of what the COC recommends. One state, Connecdcu1. gives no state funds for prevention and quit-smoking programs.•
• Spending 12% (about $3.3 billion) of the $27.2 billion would fund every state's tobacco control program at CDC, recommended levels.•
Cigarette Smoking in the US
Percentage of US. adults aged 18 years or older who were Cllrrent cigarette smokers In 2018;1• • 13.7% of all adults 134.2 million people): 15.6% of men, 12.0% of women • About 19 of every 100 people with mixed-race heritage 1non•Hispanic) (19.1 %) • Neatly 23 of eve,y 100 non-Hispanic American Indians/Alaska Natives (22.6%) • Nearly 15 of every 100 non-Hispanic Blacks (14.6%) • About 15 of every 100 non-Hispanic Whites 115.0%) • Nearly 10of every 100 Hispanics (9.8%) o About 7 of every 100 non-Hispanic Asians fl.1%)
Note: Current cigarette smokers are defined as people who reponed smoking at least 1 oo cig~rottes during their lifetime and who. at 1he time they participated In a su111ey about 1his topic, reponed smoking every 4ay or son,e days.

Thousands of young people start smoking cigarettes every day." • Each day, about 2000 people younger than 18 years smoke their first cigarette. • Each day, over 300 people younger than 18 years become daily cigaretle smokers.

Many adult cigarette smokers want to quit smoking.
• In 2015, nearly 7 In 10 (68.0%) adult cigarette smokers wanted to stop smoking. • In 2018, more 1han half (55.1 %) adult cigarette smokers had made a quit attempt in the past year. • In 2018, more than 7 out of every 100 (7.5%) people who tried to quit succeeded. • From 2012-2018, the Tips From Form~r Smokers" campaign has motivated approximately one million tobacco smokers to qulc for good."
Nore: "MJ~C a quit attempt' relers 10 smokers who reported thJt 1hcy stopped smok;ng for more than 1 d~y in lhe past 12 months because they were trying to quit smoking. See COC's Smoking Cessation: Fast Faas fact sheet tar more information.

References

1. U.S. Department of Health and Human Services. llie Health Consequences of Smoking-SO Years of Progress: A Report of the Surgeon General. Atlanta: U.S. Department of Health and Human Services. Centers for Disease Control and Prevention, National Center for Chronic Olsease Prevention and Health Promotion, Office on Smoking and Heallh, 2014 (accessed 2018 Feb 22).

2. World Health Organization. WHO Report on che Global Tobacco Epidemic, 2017 13 . Geneva: World Health n, ... ., ...... ':tlti ....... it'l1"1' r11,,.o .. .-o .... 'l010 • ., ... ":11~ 17 - 29
VI got lfLOUVI ,, ,c.v I' la .... c.:uc:u LV';, ,o, • .,, fJ. 3, World Health Organization. WHO Repon on the Global Tobacco Epidemic, 2011 (':j . Geneva: World Health Organization, 2011 [accessed 2018 Feb 22].

4. Jha P, Ramasundarahettlge C, landsman V, et al. 21st Century Hazards of Smoking and Benefits of Cessation In the United States C:I. New EnglandJoumal of Medicine 2013;368:341-50 [accessed 2016 Feb 22].

5. Xu X. Shrestha SS, Trivers KF, Neff L. Armour BS, King BA. U.S. Healthcare $pending Attributable to Cigarette Smoking in 2014. Preventive Medicine-. https:l/dol.org/\0.1016/j.ypmed.202I.106529 [1 .

6. U.S. Federal Trade Commission(FTC). Cigarette Report ror 2019 Ill (PDF-1.1 MBJ (':j. Washinglon: Federal Trade Commission. 2021 {accessed 2021 Apr 27].

7. U.S. Federal Trade Commission (FTC). Federal Trade Smokeless Tobacco Report for 2019 Ill {PDF- 1 MB] (:l .

Washington: Federal Trade Commission, 2021 (accessed 2021 Apr 27].

8. Campaign for Tobacco-Free Kids. Broken Promises to Our Children: The 1998 State Tobacco Settlement 20 Years later C;; . Washington: Campaign for Tobacco Free Kids, 2018 (accessed 2019 Jan 7].

9. Centers for Disease Control and Prevention. Best Praelices for Comprehensive Tobacco Control Programs-2014.

Atlanta: V.S. Department of Health and Human Services, Centers for Disease Control and Prevention. National Center for Chronic Disease Prevention and Health Promotion. Office on Smoking and Health, 2014 [accessed 2018 Feb 221.

10. Creamer MR, Wang TW, Sabb S, et al. Tobacco Product Use and Cessation Indicators Among Aduhs - United States. 2018. Morbidity and Monality Weekly Report 2019;68(45);1013-1019 [accessed 2019 Nov 16).

11. Substance Abuse and Mental Health Services Administration. 2017 National Survey on Drug Use and Health Detailed Tables (':j . [accessed 2019 Jan 31).

12. Babb S. Malarcher A. Schauer G, et al. Quitting Smoking Among Adults - United States. 2000-201 S. Morbidity and MonalltyWeekly Report 2017;6$1S2);14$7-1464. [~ccessed 2019 Nov 11J.

13. Centers for Disease Control and Prevention. Tips Impact and Results [last updated 2020 M~r 23; accessed 2020 Apr lSJ.

P<>g~ f.)St re\riewed: June 2. 2021
ATTACHMENT 3
Findings from the California Tobacco Program Media
Campaign Evaluation Endgame Questions
17 - 30
Findings from the
California Tobacco Control Program
Media Campaign Evaluation
Endgame Questions
Data request for South Pasadena
9/10/2021
17 - 31
Methods
• The California Tobacco Control Program’s (CTCP) Media Campaign Evaluation Survey is a panel, non-probability-based online survey conducted monthly
• Monthly sample sizes include about 3,000 Californians and 1,500 people in the rest of the United States (US), to compare Californians who are exposed to CTCP’s campaigns with those living outside of California, who have not been exposed
• Data presented in these slides are for California residents only • Sample size was sufficient enough to provide breakouts for Los Angeles County residents • Respondents are between 18-55 years old
• The survey asks respondents about their attitudes, beliefs, and knowledge related to tobacco use and policies, and awareness, recall, and opinions of California’s tobacco media campaigns • Results presented in subsequent slides contain percentages pooled by year and weighted to be representative of both the California and Los Angeles County residents between ages 18 and 55 • Data were collected between August 14, 2019 and April 23, 2021 • All slides with significant trend over time include p-values (p-value considered significant if p < .05)
• Due to small sample size, data on Native Hawaiian/Pacific Islander, American Indian/Alaska Native, and multiracial (two or more races) respondents are combined in the presentation as “other”
• Since the sample was sufficient, we also provide data on ethnic Chinese respondents 17 - 32
----
Percentage of respondents who
agreed/strongly agreed with the following
statement: “Cigarette sales should be phased
out completely over the next 5 years.”
17 - 33
Notes. NH = Non-Hispanic. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “Cigarette sales should be phased out completely over the next 5 years.” Rest-of-California respondents include non-Los Angeles County residents. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Cigarette Sales to be Phased Out Completely Over the Next 5 Years among non-Hispanic Whites by California and Los Angeles County Residency vs. Remaining Racial/Ethnic Groups, 2019-2021 62.2% 65.1% 66.3%71.1% 71.3%

69.5%

62.6%

67.1%

68.2%

71.4%

73.6%

72.2%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
White NH, California Rest of Calfornia White NH, LA County Rest of LA County 17 - 34
■ ■ ■ ■
Notes. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “Cigarette sales should be phased out completely over the next 5 years.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Cigarette Sales to be Phased Out Completely Over the Next 5 Years among Hispanics by California and Los Angeles County Residency vs.

Remaining Racial/Ethnic Groups, 2019-2021 71.1% 70.3% 65.6%

66.0%

68.2%

70.0%

71.9%

74.1%

74.3%

66.4%

69.7%

68.3%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Hispanic, California Rest of Calfornia* Hispanic, LA County Rest of LA County 17 - 35
■ ■ ■ ■
Notes. NH = Non-Hispanic. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “Cigarette sales should be phased out completely over the next 5 years.” Rest-of-California respondents include non-Los Angeles County residents. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Cigarette Sales to be Phased Out Completely Over the Next 5 Years among Black non-Hispanics by California and Los Angeles County Residency vs. Remaining Racial/Ethnic Groups, 2019-2021 71.5% 71.4% 71.0% 67.4% 68.0% 68.9%

68.2%

66.0%

71.3%

69.2%

72.1%

70.9%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Black NH, California Rest of Calfornia Black NH, LA County Rest of LA County 17 - 36
■ ■ ■ ■
Notes. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “Cigarette sales should be phased out completely over the next 5 years.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Cigarette Sales to be Phased Out Completely Over the Next 5 Years among Asians by California and Los Angeles County Residency vs.

Remaining Racial/Ethnic Groups, 2019-2021 71.7% 74.4%

77.5%

66.8%

67.9%

66.4%

71.1%

75.5%

68.7%

67.6%

70.9%

71.6%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Asian, California Rest of Calfornia Asian, LA County* Rest of LA County 17 - 37
■ ■ ■ ■
Notes. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “Cigarette sales should be phased out completely over the next 5 years.” Rest-of-California respondents include non-Los Angeles County residents. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Cigarette Sales to be Phased Out Completely Over the Next 5 Years among Chinese California Residents and Chinese Los Angeles County Residents vs. Remaining Racial/Ethnic Groups, 2019-2021 69.0%74.9%

77.1%

67.6%

68.6%

67.7%

69.9%

75.1%

71.5%

69.0%

71.4%

70.9%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Chinese, California Rest of Calfornia Chinese, LA County Rest of LA County 17 - 38
■ ■ ■ ■
Notes. LA = Los Angeles. “Other” combines Native Hawaiian/Pacific Islander, American Indian/Alaska Native, and multiracial (two or more races) respondents due small sample sizes. Percentage of respondents who agreed/strongly agreed with the following statement: “Cigarette sales should be phased out completely over the next 5 years.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Cigarette Sales to be Phased Out Completely Over the Next 5 Years among Native Hawaiian/Pacific Islander, American Indian/Alaska Native, and Multiracial (Other) California and Los Angeles County Residents vs. Remaining Racial/Ethnic Groups, 2019-2021 59.3%

63.7%

67.8%

66.4%

69.1%

68.4%

73.9%

75.5%

62.2%

69.0%

71.6%

71.1%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Other, California Rest of Calfornia Other, LA County Rest of LA County 17 - 39
■ ■ ■ ■
Percentage of respondents who
agreed/strongly agreed with the following
statement: “The sale of products that contain
nicotine should not be allowed, except for
aids that help smokers quit, such as nicotine
gum and patches.”
17 - 40
Notes. NH = Non-Hispanic. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “The sale of products that contain nicotine should not be allowed, except for aids that help smokers quit, such as nicotine gum and patches.” Rest-of-California respondents include nonLos Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Restriction of Sale of Nicotine Products (Except Nicotine Replacement Therapy) among non-Hispanic Whites by California and Los Angeles County Residency vs. Remaining Racial/Ethnic Groups, 2019-2021 59.3%64.0% 63.9%69.6%72.3% 69.4% 60.0%66.2% 69.7% 72.1% 74.9% 73.8% 0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
White NH, California* Rest of Calfornia White NH, LA County* Rest of LA County 17 - 41
■ ■ ■ ■
Notes. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “The sale of products that contain nicotine should not be allowed, except for aids that help smokers quit, such as nicotine gum and patches.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Restriction of Sale of Nicotine Products (Except Nicotine Replacement Therapy) among Hispanics by California and Los Angeles County Residency vs. Remaining Racial/Ethnic Groups, 2019-2021 69.3% 71.1% 66.8% 63.4%68.0% 67.9%73.8% 75.2%

75.2%

64.3%

69.9%

70.3%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Hispanic, California Rest of Calfornia* Hispanic, LA County Rest of LA County* 17 - 42
■ ■ ■ ■
Notes. NH = Non-Hispanic. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “The sale of products that contain nicotine should not be allowed, except for aids that help smokers quit, such as nicotine gum and patches.” Rest-of-California respondents include nonLos Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Restriction of Sale of Nicotine Products (Except Nicotine Replacement Therapy) among Black non-Hispanics by California and Los Angeles County Residency vs. Remaining Racial/Ethnic Groups, 2019-2021 73.1% 70.8% 67.2% 65.2%69.2% 67.5% 64.7%69.6%76.4% 69.3% 72.5% 72.2% 0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Black NH, California Rest of Calfornia* Black NH, LA County* Rest of LA County 17 - 43
■ ■ ■ ■
Notes. NH = Non-Hispanic. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “The sale of products that contain nicotine should not be allowed, except for aids that help smokers quit, such as nicotine gum and patches.” Rest-of-California respondents include nonLos Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Restriction of Sale of Nicotine Products (Except Nicotine Replacement Therapy) among Asians by California and Los Angeles County Residency vs. Remaining Racial/Ethnic Groups, 2019-2021 69.8%76.3% 76.5% 64.8%67.8%

65.5%

70.9%

76.6%

68.6%

69.3%

71.5%

73.1%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Asian, California Rest of Calfornia* Asian, LA County* Rest of LA County 17 - 44
■ ■ ■ ■
Notes. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “The sale of products that contain nicotine should not be allowed, except for aids that help smokers quit, such as nicotine gum and patches.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Restriction of Sale of Nicotine Products (Except Nicotine Replacement Therapy) among Chinese California Residents and Chinese Los Angeles County Residents vs. Remaining Racial/Ethnic Groups, 2019-2021 76.1% 76.4%

79.7%

64.9%

68.7%

67.6%

66.5%

74.7%

71.5%

69.1%

72.1%

72.6%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Chinese, California Rest of Calfornia* Chinese, LA County Rest of LA County 17 - 45
■ ■ ■ ■
Notes. LA = Los Angeles. “Other” combines Native Hawaiian/Pacific Islander, American Indian/Alaska Native, and multiracial (two or more races) respondents due small sample sizes. Percentage of respondents who agreed/strongly agreed with the following statement: “The sale of products that contain nicotine should not be allowed, except for aids that help smokers quit, such as nicotine gum and patches.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Restriction of Sale of Nicotine Products (Except Nicotine Replacement Therapy) among Native Hawaiian/Pacific Islander, American Indian/Alaska Native, and Multiracial (Other) California and Los Angeles County Residents vs. Remaining Racial/Ethnic Groups, 2019-2021 58.6%

62.5%

65.7%

66.4%

69.4%

67.5%

65.5%

72.2%

61.7%

69.0%

72.3%

72.6%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Other, California Rest of Calfornia* Other, LA County Rest of LA County 17 - 46
■ ■ ■ ■
Percentage of respondents who
agreed/strongly agreed with the following
statement: “I’d support regulation to ban or
restrict sale of flavored tobacco products,
including e-cigarette and vape products.”
17 - 47
Notes. NH = Non-Hispanic. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “I’d support regulation to ban or restrict sale of flavored tobacco products, including e-cigarette and vape products.” Rest-of-California respondents include non-Los Angeles County residents. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Wav es 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Regulation to Ban or Restrict Sale of Flavored Tobacco Products among non-Hispanic Whites by California and Los Angeles County Residency vs. Remaining Racial/Ethnic Groups, 2019-2021 71.6% 73.6% 72.6% 76.1% 77.2% 73.7%

74.0%

76.3%

74.1%

77.7%

77.9%

77.4%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
White NH, California Rest of Calfornia White NH, LA County Rest of LA County 17 - 48
■ ■ ■ ■
Notes. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “I’d support regulation to ban or restrict sale of flavored tobacco products, including e-cigarette and vape products.” Rest-of-California respondents include non-Los Angeles County residents. Source:

California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Regulation to Ban or Restrict Sale of Flavored Tobacco Products among Hispanics by California and Los Angeles County Residency vs.

Remaining Racial/Ethnic Groups, 2019-2021 74.6% 76.1%

70.6%

74.2%

75.8%

75.4%

78.0%

77.2%

77.7%

75.4%

77.5%

75.3%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Hispanic, California Rest of Calfornia Hispanic, LA County Rest of LA County 17 - 49
■ ■ ■ ■
Notes. NH = Non-Hispanic. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “I’d support regulation to ban or restrict sale of flavored tobacco products, including e-cigarette and vape products.” Rest-of-California respondents include non-Los Angeles County residents. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Wav es 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Regulation to Ban or Restrict Sale of Flavored Tobacco Products among Black non-Hispanics by California and Los Angeles County Residency vs. Remaining Racial/Ethnic Groups, 2019-2021 75.1% 74.3% 74.0% 74.0% 76.0%

73.5%

67.9%

70.0%

77.4%

75.9%

78.0%

76.4%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Black NH, California Rest of Calfornia Black NH, LA County Rest of LA County 17 - 50
■ ■ ■ ■
Notes. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “I’d support regulation to ban or restrict sale of flavored tobacco products, including e-cigarette and vape products.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Wav es 1-

23. Data collected from 8/14/2019-4/23/2021.

Support for Regulation to Ban or Restrict Sale of Flavored Tobacco Products among Asians by California and Los Angeles County Residency vs.

Remaining Racial/Ethnic Groups, 2019-2021 80.6% 81.5%

82.1%

73.1%

74.8%

71.7%

81.6%

83.1%

75.7%

76.3%

77.3%

76.2%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Asian, California Rest of Calfornia* Asian, LA County Rest of LA County 17 - 51
■ ■ ■ ■
Notes. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “I’d support regulation to ban or restrict sale of flavored tobacco products, including e-cigarette and vape products.” Rest-of-California respondents include non-Los Angeles County residents. Source:

California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Regulation to Ban or Restrict Sale of Flavored Tobacco Products among Chinese California Residents and Chinese Los Angeles County Residents vs. Remaining Racial/Ethnic Groups, 2019-2021 82.4% 83.3%

84.3%

73.8%

75.4%

72.7%

84.9%

83.4%

78.8%

76.0%

77.0%

76.2%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Chinese, California Rest of Calfornia Chinese, LA County Rest of LA County 17 - 52
■ ■ ■ ■
Notes. LA = Los Angeles. “Other” combines Native Hawaiian/Pacific Islander, American Indian/Alaska Native, and multiracial (two or more races) respondents due small sample sizes. Percentage of respondents who agreed/strongly agreed with the following statement: “I’d support regulation to ban or restrict sale of flavored tobacco products, including e-cigarette and vape products.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Wav es 1-

23. Data collected from 8/14/2019-4/23/2021.

Support for Regulation to Ban or Restrict Sale of Flavored Tobacco Products among Native Hawaiian/Pacific Islander, American Indian/Alaska Native, and Multiracial (Other) California and Los Angeles County Residents vs. Remaining Racial/Ethnic Groups, 2019-2021 66.3%

72.9%

71.1%

74.5%

76.0%

73.5%

76.8%

79.9%

73.2%

76.7%

77.4%

76.4%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Other, California Rest of Calfornia Other, LA County Rest of LA County 17 - 53
■ ■ ■ ■
Percentage of respondents who
agreed/strongly agreed with the following
statement: “The sale of menthol cigarettes
should not be allowed.”
17 - 54
Notes. NH = Non-Hispanic. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “The sale of menthol cigarettes should not be allowed.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Ending the Sale of Menthol Cigarettes among non-Hispanic Whites by California and Los Angeles County Residency vs. Remaining Racial/Ethnic Groups, 2019-2021 53.4%

59.9%

62.4%

68.1%

69.3%

67.6%

57.8%

66.2%

63.5%

64.7%

72.1%

70.6%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
White NH, California* Rest of Calfornia White NH, LA County* Rest of LA County* 17 - 55
■ ■ ■ ■
Notes. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “The sale of menthol cigarettes should not be allowed.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Ending the Sale of Menthol Cigarettes among Hispanics by California and Los Angeles County Residency vs. Remaining Racial/Ethnic Groups, 2019-2021 67.4%

68.3%

63.3%

59.5%

64.3%

66.5%

67.3%

71.9%

70.9%

61.7%

67.6%

67.1%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Hispanic, California Rest of Calfornia* Hispanic, LA County Rest of LA County* 17 - 56
■ ■ ■ ■
Notes. NH = Non-Hispanic. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “The sale of menthol cigarettes should not be allowed.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Ending the Sale of Menthol Cigarettes among Black nonHispanics by California and Los Angeles County Residency vs. Remaining Racial/Ethnic Groups, 2019-2021 72.1%

68.2%

72.4%

61.8%

66.4%

65.7%

65.3%

69.1%

74.1%

63.9%

69.6%

68.3%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Black NH, California Rest of Calfornia* Black NH, LA County Rest of LA County* 17 - 57
■ ■ ■ ■
Notes. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “The sale of menthol cigarettes should not be allowed.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Ending the Sale of Menthol Cigarettes among Asians by California and Los Angeles County Residency vs. Remaining Racial/Ethnic Groups, 2019-2021 69.3%

72.8%

76.6%

61.0%

64.5%

63.5%

65.7%

74.5%

68.4%

63.7%

68.6%

68.8%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Asian, California* Rest of Calfornia* Asian, LA County* Rest of LA County* 17 - 58
■ ■ ■ ■
Notes. LA = Los Angeles. Percentage of respondents who agreed/strongly agreed with the following statement: “The sale of menthol cigarettes should not be allowed.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Ending the Sale of Menthol Cigarettes among Chinese California Residents and Chinese Los Angeles County Residents vs. Remaining Racial/Ethnic Groups, 2019-2021 66.7%

72.6%

75.9%

62.1%

65.4%

65.0%

61.0%

72.3%

66.9%

64.3%

69.4%

68.9%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Chinese, California* Rest of Calfornia* Chinese, LA County Rest of LA County* 17 - 59
■ ■ ■ ■
Notes. LA = Los Angeles. “Other” combines Native Hawaiian/Pacific Islander, American Indian/Alaska Native, and multiracial (two or more races) respondents due small sample sizes. Percentage of respondents who agreed/strongly agreed with the following statement: “The sale of menthol cigarettes should not be allowed.” Rest-of-California respondents include non-Los Angeles County residents. *p for trend < .05. Source: California Tobacco Control Program Media Evaluation Survey, conducted by Research Triangle Institute (RTI) International, Waves 1-23. Data collected from 8/14/2019-4/23/2021.

Support for Ending the Sale of Menthol Cigarettes among Native Hawaiian/Pacific Islander, American Indian/Alaska Native, and Multiracial (Other) California and Los Angeles County Residents vs. Remaining Racial/Ethnic Groups, 2019-2021 54.1%61.0% 58.0%62.6%66.0% 65.8% 61.6%66.9% 67.9% 64.1%69.6%

68.8%
0%
20%
40%
60%
80%
100%
2019 2020 2021
% Agree or Strongly Agree
Year
Other, California Rest of Calfornia* Other, LA County Rest of LA County* 17 - 60
■ ■ ■ ■
ATTACHMENT 4
Ordinance 2184
17 - 61
17 - 62
ORD. VOL. 23 PAGE29 02/18/09
ORDINANCE NO. 2184

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SOUTH PASADENA, CALIFORNIA,
AMENDING CHAPTER 18 (BUSINESS, PROFESSIONS AND TRADES)
WITH THE ADDITION OF PART 6 - (TOBACCO RETAILER PERMIT),

OF THE SOUTH PASADENA MUNICIPAL CODE AND

ESTABLISHING A TOBACCO RETAIL PERMIT FEE
WHEREAS, based in part on the information contained in this section, the City Council finds that the failure of tobacco retailers to comply with all tobacco control laws, particularly laws prohibiting the sale of tobacco products to minors, presents an imminent threat to the public health, safety, and welfare of the residents of the City; and WHEREAS, the City Council finds that a local permitting system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City, to protect the health, safety, and welfare of our residents; and
WHEREAS, approximately 438,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death; and
WHEREAS, the World Health Organization (WHO) estimates that by 2030, tobacco will account for 8.3 million deaths per year, killing 50% more people in 2015 than HIV/ AIDS, and will be responsible for 10% of all deaths worldwide; and WHEREAS, the California Legislature has recognized the danger of tobacco use · and has made reducing youth access to tobacco products a high priority, as evidenced by the fact that:
• The Legislature has declared that smoking is the single most important source of preventable disease and premature death in California (Cal. Health & Safety Code§ 118950);
• State law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code § 308); • State law requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 18 years of age (Cal. Bus. & Prof. Code § 22956) and provides procedures for using minors to conduct 17 - 63
ORD. VOL. 23 PAGE30 02/18/09
ORDINANCE NO. 2184
Page2
onsite compliance checks of tobacco retailers (Cal. Bus. & Prof. Code§ 22952);
• State law prohibits the sale of tobacco products and paraphernalia through self-services displays with limited exceptions for tobacco stores (Cal. Bus. & Prof. Code§ 22960, 22962);
• State law prohibits the sale of ''bidis" (hand-rolled filter-less cigarettes imported primarily from India and Southeast Asian countries) except in adult-only establishments (Cal. Pen. Code§ 308.1);
• State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or sale of "roll-your-own" tobacco in packages containing less than 0.60 ounces of tobacco (Cal. Pen. Code § 308.3);
WHEREAS, state law requires all tobacco retailers to be licensed by the Board of Equalization primarily tci curb the illegal sale and distribution of cigarettes due to tax evasion and counterfeiting (Cal. Bus. & Prof. Code§§ 22970.1, 22972); and WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail permitting ordinances, and allows for the suspension or revocation of a local permit for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); and WHEREAS, California courts in such cases as Cohen v. Board of Supervisors, 40 Cal. 3d 277 (1985), and Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993), have affirmed the power of the city to regulate business activity in order to · discourage violations oflaw; and .

WHEREAS, despite the state's efforts to limit youth access to tobacco, minors are still able to access cigarettes, as evidenced by the fact that:
• Each day, nearly 4,000 children under 18 years of age smoke their first cigarette, and almost 1,500 children under 18 years of age begin smoking daily;
• More than 75% of all current smokers in 2001 began smoking before the age of 18;
• Among middle school students who were current cigarette users in 2004,

70.6% were not asked to show proof of age when they purchased or attempted to purchase cigarettes from a store, and 66.4% were not refused purchase because of their age;
• In 2002, youth smoked approximately 540 million packs of cigarettes, generating nearly $1.2 billion in tobacco industry revenue; 17 - 64
ORD. VOL. 23 PAGE31 02/18/09
ORDINANCE NO. 2184

Page 3 ends

South Pasadena City CouncilMarch 2, 2022

South Pasadena City Council
March 2, 2022