SEC. 4.10. USE OF CITY SEAL ON CITY-OWNED PASSENGER AUTOMOBILES; COLOR.

Required. Every passenger automobile, title to which is vested in the City and County, shall have imprinted in a conspicuous place upon its side in appropriate colors and lettering, not less than six inches in diameter, a replica of the corporate seal of the City and County. Passenger automobiles shall be uniform in color, as determined by the Purchaser of Supplies with the approval of the Director of Administrative Services.

Imprinting Seal On New Automobiles. When any passenger automobile is purchased or acquired for the use of any department of the government of the City and County, the same shall be delivered to the Purchaser of Supplies at such place as may be designated by the Purchaser and it shall be the duty of the Purchaser to have imprinted on the automobile in a conspicuous place on its side in appropriate colors and lettering, not less than six inches in diameter, a replica of the corporate seal of the City and County. The Purchaser of Supplies shall not deliver to any department or official any City-owned passenger automobile until the replica of the corporate seal of the City and County is imprinted thereon.

Exceptions. The Director of Administrative Services shall have the authority to exempt any auto- mobile from the provisions of this Section; provided, however, that the Director of Administrative Services shall not exempt any automobile from the necessity of having a seal affixed thereon, unless the automobile is used for special investigation and inspection work by the Police and Fire Departments or any other department that might require the use of an automobile without a seal for such purpose.

(Amended by Ord. 497-77, App. 11/4/77; Ord. 278-96, App. 7/3/96)

(a) All general purpose vehicles owned, leased, or rented by the City and previously assigned to, or placed under the jurisdiction of, any officer or department of the City are hereby transferred to the jurisdiction of the City Administrator. General purpose vehicles acquired after May 18, 2003 shall also be placed under the jurisdiction of the City Administrator.

(b) The City Administrator shall have primary authority over vehicles now or hereafter placed under his or her jurisdiction, but may assign these vehicles for use by City officers and departments. The City Administrator may adopt rules and regulations necessary to implement this vehicle fleet management program, including rules covering: terms, conditions, usage, and fees for assignment of vehicles by the City Administrator to individual City officers and departments; vehicle maintenance programs; training, in coordination with the Office of Economic and Workforce Development, for drivetrain maintenance on Alternative Fuel Vehicles and Zero Emissions Vehicles as defined by Environment Code Section 403; and vehicle replacement plans, provided that the City Administrator shall not approve the purchase of any motor vehicle that does not comply with Environment Code Section 404. Fees charged for the assignment of vehicles shall be set by the City Administrator in consultation with the Controller, and the fees shall be used to pay for acquisition and replacement of vehicles, maintenance and repair, and other costs of administering the program. The City Administrator may make appropriate provision for vehicles previously acquired using special, dedicated or otherwise restricted funds.

(c) By December 31, 2022, all light duty vehicles in the City fleet must be Zero Emission Vehicles in compliance with Environment Code Section 404, unless there is a waiver, exemption, or applicable exception, detailed in Environment Code Chapter 4.

(d) By July 1, 2017, the City Administrator shall develop policies to require City departments acquiring light-duty passenger vehicles that will be regularly stationed on non-City-owned property to acquire the vehicles from other City departments.

(e) (1) At least five days prior to renting or leasing any vehicle or vehicles for a period of more than 30 days, the department seeking to rent or lease the vehicle or vehicles shall report the following information to the City Administrator: the number of vehicles the department intends to rent or lease; the length of the rental or lease for each vehicle; the make, model, and year of each vehicle; the cost of each rental or lease, including both the rate calculated on a daily basis and the overall cost for the entire rental or lease period; and the anticipated use of the vehicle or vehicles. If the department does not have access to all the information required by this subsection (e)(1) five days prior to renting or leasing, the department shall report all available information in its possession at that time.

ntal or lease, including both the rate calculated on a daily basis and the overall cost for the entire rental or lease period; and the anticipated use of the vehicle or vehicles. If the department does not have access to all the information required by this subsection (e)(1) five days prior to renting or leasing, the department shall report all available information in its possession at that time.

(2) If a department determines that it is necessary to immediately rent or lease one or more vehicles for a period of more than 30 days to address an emergency, the department is not required to submit a report by the deadline in subsection (e)(1); provided that the department shall report the information required by subsection (e)(1) to the City Administrator within 15 days after renting or leasing the vehicle(s) with a written explanation of the emergency circumstances.

(f) Each department that has rented one or more vehicles for a period of more than 30 days during the preceding year (measured from April 1 through March 31) shall submit an annual report to the City Administrator and the Board of Supervisors by May 1 including (1) for the 12 months ending March 31: the number of vehicles the department rented or leased for a period of more than 30 days during the reporting period, the length of each such rental or lease, the make, model, and year of each vehicle, the use of the vehicle, and the cost of each rental or lease, including both the rate calculated on a daily basis and the overall cost for the entire rental or lease period; and (2) the amount of the department’s anticipated spending to rent or lease vehicles in the next fiscal year.

(g) The City Administrator may request, based on information provided under Section 4.10-2 or for any other reason, that a department using any vehicle owned, leased, or rented by the City return the vehicle to the City Administrator to inspect or provide maintenance on the vehicle to the extent authorized by the City’s contract for rented or leased vehicles. Departments shall provide vehicles to the City Administrator for inspection or maintenance within five business days of receiving a written request.

(Added by Ord. 69-03, File No. 030315, App. 4/18/2003; amended by Ord. 278-10, File No. 101009, 11/18/2010; Ord. 116-15, File No. 140950, App. 7/15/2015, Eff. 8/14/2015; Ord. 115-17, File No. 170210, App. 6/2/2017, Eff. 7/2/2017; Ord. 225-20, File No. 201062, App. 11/6/2020, Eff. 12/7/2020)

(Former Sec. 4.10-1 added by Ord. 497-77, App. 11/4/77; amended by Ord. 278-96, App. 7/3/96; repealed by Ord. 60-03)

(a) Definitions. For purposes of this Section 4.10-2, the following terms have the following meanings:

Motor Vehicle has the meaning set forth in Division 1 of the California Vehicle Code, as amended from time to time.

Telematic Vehicle Tracking System means a system that combines the use of automatic vehicle location equipment in individual vehicles with software that monitors in real time the location, movements, and status of a vehicle or fleet of vehicles to provide a comprehensive picture of vehicle locations and usage.

(b) Equipping Motor Vehicles With Telematic Vehicle Tracking Systems.

(1) Except as provided in subsection 4.10-2(b)(2), by no later than January 1, 2017, the City Administrator and each department head or other City official with jurisdiction over motor vehicles shall cause those vehicles to be equipped with telematic vehicle tracking systems. The City

Administrator, department head or other City official having jurisdiction shall prepare a notice that telematic vehicle tracking systems have been installed in the vehicles and shall disseminate that notice to affected employees at the same time the systems are installed.

(2) For vehicles used by the Police Department, the Sheriff’s Department, the Adult Probation Department, or the Juvenile Probation Department for law enforcement purposes, or used by the District Attorney’s Office or the City Attorney’s Office for investigations, the deadlines set forth in subsection(b)(1) for equipping vehicles and providing notice shall be June 30, 2020.

(c) Monitoring and Data.

(1) Monitoring and Analysis by Departments. The City Administrator and each department head or other City official shall monitor the use of the motor vehicles over which the City Administrator or other official has jurisdiction, using telematic vehicle tracking systems. Each such official shall use that information to monitor and analyze subjects such as vehicle cost efficiency, speeding, use optimization, collisions, and post-incident investigation, and to promote other potential benefits such as increased safety, efficiency, productivity, and improved route management planning. The City Administrator shall establish and implement policies to ensure that department heads and other City officials adequately report on all vehicle performance metrics listed in this subsection (c)(1) to optimize results.

(2) Monthly Reporting.

(A) Unless excused by the City Administrator as provided in subsection (c)(2)(C), by no later than the first day of each month beginning January 1, 2021, each department head or other City official required to monitor information under subsection (c)(1) shall submit to the City Administrator data obtained from telematic vehicle tracking systems during the preceding month regarding each of the following: (i) speeding by motor vehicles in excess of the legal speed limit; (ii) the amount of time that motor vehicles spent idling; (iii) motor vehicle emissions; (iv) motor vehicle maintenance needs; (v) overall utilization of motor vehicles by the department or agency; and (vi) the assignment of take-home vehicles and incidents of non-compliance with Section 4.11. By the same deadline, each department head or other City official shall also submit to the City Administrator a report regarding each collision involving a motor vehicle under their jurisdiction during the reporting period.

(B) The City Administrator shall provide to each such department head or official methods to submit the information required by subsection (c) (2)(A) in electronic format, which may include providing templates to allow the department head or official to report the required information.

(C) The City Administrator may excuse a department or office from the monthly reporting requirement in subsection (c)(2)(A) if the City Administrator otherwise receives information required by that subsection from the department or office more frequently than once a month.

(3) Annual Reporting.

(A) Each department head or other City official with jurisdiction over motor vehicles shall submit a report with aggregate telematic data for those vehicles, including but not limited to the information described in subsection (c)(2), to the City Administrator by April 1 each year. The report shall include data for the current fiscal year, and shall include data for the preceding five years or for the period since the telematic equipment was initially installed in the department’s vehicles, whichever is shorter.

(B) By May 1 of each year, the City Administrator shall submit to the Mayor and the Board of Supervisors a report on aggregate motor vehicle use to promote efficient and safe operation of the City’s motor vehicle fleet. The City Administrator’s report shall include, but need not be limited to, information for each City department with jurisdiction over motor vehicles regarding speeding in excess of the legal speed limit; the amount of time that motor vehicles spent idling; emissions; maintenance; collisions; overall utilization of motor vehicles; the assignment of take-home vehicles and incidents of non-compliance with Section 4.11; correction plans implemented under subsection (d); and the implementation of those plans. In the City

diction over motor vehicles regarding speeding in excess of the legal speed limit; the amount of time that motor vehicles spent idling; emissions; maintenance; collisions; overall utilization of motor vehicles; the assignment of take-home vehicles and incidents of non-compliance with Section 4.11; correction plans implemented under subsection (d); and the implementation of those plans. In the City

Administrator’s discretion, the report may cover the period of either the preceding 12 months or the current fiscal year to date. The report shall also include comparative data for each department covering the previous five years or the period since the telematics equipment was initially installed in the Department’s vehicles, whichever is shorter. The City Administrator’s report may include recommendations for future amendments to this Chapter 4 to improve the safety and efficiency of the City’s use of vehicles.

(d) Correction Plans. Within 60 days of the effective date of the ordinance in Board File No. 201062 adopting this subsection (d), each department with jurisdiction over motor vehicles shall develop and submit to the City Administrator a correction plan to implement the principles of the City’s Vision Zero strategy to reduce speeding, idling, and collisions in motor vehicles used by the department. Based on information received by the City Administrator under subsection (c), the City Administrator may require a department to report on the implementation of the correction plan within 60 days of the City Administrator’s request, or earlier if so requested by the City Administrator. Within six months after the implementation of a correction plan to the City Administrator, the department shall submit a report to the City Administrator on the department’s efficacy in the implementation of that plan, including the number of employees who have received training under the plan.

(e) Regulations and Guidelines. The City Administrator may, after a noticed public hearing, adopt regulations and guidelines to implement and administer this Section 4.10-2. The City Administrator’s regulations and guidelines shall include directions to City departments to provide written notification to individual employees who have engaged in driving activities that are dangerous or unreasonable, as defined in the regulations or guidelines.

(f) Waiver of Requirements.

(1) Subject to the provisions of this subsection (f), the City Administrator may waive the requirements of this Section 4.10-2, in whole or in part, upon written application by the department head or other City official with jurisdiction over motor vehicles, where the City Administrator concludes that compliance with some or all of the requirements would not be feasible or would unduly interfere with the department’s ability to discharge its official functions.

ministrator may waive the requirements of this Section 4.10-2, in whole or in part, upon written application by the department head or other City official with jurisdiction over motor vehicles, where the City Administrator concludes that compliance with some or all of the requirements would not be feasible or would unduly interfere with the department’s ability to discharge its official functions.

(2) If the City Administrator approves an application for a waiver, the City Administrator shall provide written notice of the approval to the Clerk of the Board of Supervisors within five business days of the approval, and the Clerk of the Board shall forward such notice to all members of the Board of Supervisors. Within 10 business days of the Clerk of the Board providing such notice to members of the Board, any member of the Board may submit to the Clerk of the Board for introduction an ordinance to approve or reject the waiver. The City Administrator, department head, or other City official having jurisdiction shall not install the telematic vehicle tracking system that is the subject of the waiver while such ordinance is pending at the Board.

(3) The City Administrator’s approval of an application for a waiver shall be final when either: the 10 days have passed for a member of the Board to submit an ordinance pursuant to subsection (f)(2) without any member having done so; or, if a Board member has submitted an ordinance for introduction, the Board adopts an ordinance affirming the City Administrator’s approval of the application for a waiver and such ordinance becomes effective, or 60 days have passed without the City finally enacting an ordinance reversing or modifying the City Administrator’s approval.

(4) Rejection of an application for a waiver shall be final when either: the City Administrator rejects the application; or, if the City Administrator has approved the application and a Board member has submitted an ordinance for introduction, the Board adopts an ordinance reversing or modifying the City Administrator’s approval of the application for a waiver.

(g) Applicability of Section. Consistent with the Charter and other applicable State and Federal law, this Section 4.10-2 shall not apply to the Public Utilities Commission, Airport, Port, or Municipal Transportation Agency to the extent its requirements would conflict with those laws or would

otherwise interfere with the discharge of those functions placed under the direct jurisdiction of the department.

(Added by Ord. 101-16, File No. 150682, App. 6/24/2016, Eff. 7/24/2016; amended by Ord. 119-19, File No. 170096, App. 6/28/2019, Eff. 7/29/2019; Ord. 225-20, File No. 201062, App. 11/6/2020, Eff. 12/7/2020)