San Dimas City Council
February 13, 2024

CITY COUNCIL MEETING AGENDA
TUESDAY FEBRUARY 13, 2024 7:00 PM
SAN DIMAS COUNCIL CHAMBER
245 EAST BONITA AVENUE
A public agenda packet is available for review on the City’s website  www.sandimasca.gov or by contacting the City Clerk’s Office at [email protected].

Members of the public may observe the City Council meeting live on the City of San Dimas website at www.sandimasca.gov or on KWST Channel 3. To view from the website, select the Watch City Council Meetings blue button from the home page.
7:00 PM
CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember John Ebiner, Councilmember Eric Nakano, Councilmember Eric Weber

RECOGNITION
Recognizing Black History Month
ORAL COMMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Adopt Resolution 2024­07, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Prepaid Warrant Register of January 31, 2024 in the Amount of $180,102.89 and Warrant Register of February 15, 2024 in the Amount of $665,329.65
CC2. Approve minutes of the January 23, 2024 City Council Meeting CC3. Adopt Resolution 2024­08 Commencing Proceedings for Annual Levy of Assessment for Boulevard Open Space Maintenance District and Authorizing the City Engineer to Proceed with the Preparation of Annual Reports
CC4. Adopt Resolution 2024­09 Commencing Proceedings for Annual Levy of Assessment for

CC1. Adopt Resolution 2024­07, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Prepaid Warrant Register of January 31, 2024 in the Amount of $180,102.89 and Warrant Register of February 15, 2024 in the Amount of $665,329.65
CC2. Approve minutes of the January 23, 2024 City Council Meeting CC3. Adopt Resolution 2024­08 Commencing Proceedings for Annual Levy of Assessment for Boulevard Open Space Maintenance District and Authorizing the City Engineer to Proceed with the Preparation of Annual Reports
CC4. Adopt Resolution 2024­09 Commencing Proceedings for Annual Levy of Assessment for Northwoods Open Space Maintenance District and Authorizing the City Engineer to Proceed with Preparation of Annual Reports
CC5. Adopt Resolution 2024­11 a Resolution of the City Council of the City of San Dimas to Enter into an Agreement with Great Pacific Securities for the Purpose of Investment of Idle Funds and to Designate Authorized Signers for the Account
CC6. Introduction of Ordinance 1305 Amending San Dimas Municipal Code (SDMC) Chapter 13.36 (Community Tree Management) to Permit an Increased Administrative Fine for Egregious Community Tree Violations; Adoption of Resolution 2024­10 Establishing the Administrative Fine Amount at $1000 and Adding the Fine to the City’s Schedule of Fees and Charges CC7. Approval of the First Amendment to the Amended and Restated City Manager Employment Agreement with Chris Constantin and Adoption of Resolution 2024­12 Updating the City’s Pay Plan and Reimbursement Schedule; Approval of Related Budget Amendments END OF CONSENT CALENDAR
RECOMMENDATION: Approve the consent calendar with recommendations as presented in staff reports.

OTHER BUSINESS
OB1. Consideration of Adjustment to Salaries for Members of the City Council and the Mayor; Introduction of Ordinance 1304 Amending San Dimas Municipal Code (SDMC) Chapters 2.04 and 2.06 to Adjust Mayor and City Councilmember Salaries RECOMMENDATION: Staff recommends the City Council review the salaries of the City Council and the Mayor and:

1.  If desired, determine the salary levels to include in the proposed ordinance for the City Council and the Mayor.

2.  Introduce Ordinance 1304.

ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ReportonMeetingsAttendedattheExpenseoftheLocalAgency

2.  Introduce Ordinance 1304.

ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
City Council Requests for Future Items, Comments and Updates

ADJOURNMENT
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk’s Office at (909) 394­6216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102­35.104 ADA Title II].

Copies of documents distributed for the meeting are available in alternative formats upon request. Any writings or documents provided to the City Council regarding any item on this agenda will be made available for public review Monday through Thursday 7:30 a.m. to 5:30 p.m. and on Fridays from 7:30 a.m. to 4:30 p.m. at the Administration Counter at City Hall and San Dimas Library. In addition, most documents are posted on the City’s website at  www.sandimasca.gov.

Posting Statement:  I declare under penalty of perjury that on February 8, 2024, I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E. Bonita Ave., San Dimas Library 145 N. Walnut Ave., San Dimas Post Office 300 E. Bonita Ave., Von’s Via Verde Shopping Center 1160 Via Verde Ave., and on the City’s website www.sandimasca.gov/agendas­minutes/ as required by law.

February 8, 2024 Debra Black
Debra Black, City Clerk

Black History Month
HEREAS, the Black History Month 2024 theme “African Americans and the Arts” explores the key influence African Americans have had in the fields of “visual and performing arts, literature, fashion, folklore, language, film music, architecture, culinary and other forms of cultural expression”; and HEREAS, this observance affords a special opportunity to become more knowledgeable about black heritage, and to honor the many black leaders who have contributed to the progress of our community, state, and nation; and
HEREAS, such knowledge can strengthen the understanding by all citizens regarding the issues of human rights, the great strides that have been made in the crusade to eliminate barriers to equality for minority groups, and the continuing struggle against racial discrimination and poverty; and HEREAS, February has been designated National Black History Month, and the City of San Dimas calls upon all residents as well as others to observe and commemorate Black History month and to rededicate themselves to creating a world where the rights and the contributions of all would be respected, acknowledged and celebrated.

OW THEREFORE, I Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmembers John Ebiner, Eric Weber and Eric Nakano do hereby proclaim February 2024 as National Black History Month.

N WITNESS THEREOF, I, Mayor Emmett Badar, have hereunto set my hand and caused the seal of the City of San Dimas to be affixed this 13th day of February 2024.
___________________________________
Mayor
Attest: ____________________________________
City Clerk
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RESOLUTION 2024-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR JANUARY 31, 2024, AND FEBRUARY 15, 2024
WHEREAS, the following listed demands have been audited by the Director of Administrative Services; and
WHEREAS, the Director of Administration Services has certified as to the availability of funds for payment thereto; and
WHEREAS, the register of audited demands has been submitted to the City Council for approval.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve the Prepaid Warrant Register of January 31, 2024, in the Amount of $180,102.89 and Warrant Register of February 15, 2024, in the amount of $665,329.65
PASSED, APPROVED AND ADOPTED this 13th, day of February 2024. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-07 was approved by vote of the City Council of the City of San Dimas at its regular meeting of February 13th, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

CITY COUNCIL MEETING

ACTION MINUTES
JANUARY 23, 2024, 7:00 PM

REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember John Ebiner, Councilmember Eric Nakano, Councilmember Eric Weber Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Parks and Recreation Director Scott Wasserman, Interim Director of Community Development Luis Torrico, City Attorney Jeff Malawy, City Clerk Debra Black, Engineering Manager Steve Barragan, Housing Manager Lily Flores
Call to Order: 7:03 PM

CLOSED SESSION ITEMS COMMENTS/RECOMMENDATIONS

1. CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
State of California Public Employment
Relations Board Case No. LA-RR-1346-M –
City of San Dimas and International
Brotherhood of Teamsters, Local 848

2. PUBLIC EMPLOYEE PERFORMANCE

EVALUATION
Title: City Manager

3. CONFERENCE WITH LABOR

NEGOTIATORS
Agency designated representative: Jeff
Malawy, City Attorney
Unrepresented employee: City Manager

4. CONFERENCE WITH LEGAL
COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Government Code Section 54956.9(d)(2): Two
cases.

5. CONFERENCE WITH LEGAL
COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government
Code Section 54956.9(d)(4): One case.

Following the closed session, City Attorney
Malawy announced the City Council discussed
and provided direction for items 1,4, and 5,
items 2 and 3 were not discussed but will be
discussed after the regular meeting.

CONSENT ITEMS COMMENTS/RECOMMENDATIONS

January 23, 2024 City Council Meeting Minutes Page 2

1. Approve Resolution 2024-02, A
Resolution of the City Council of the City of
San Dimas, Approving Certain Demands for
the Prepaid Warrant Register of December 31,
2023, in the Amount of $82,301.23, Warrant
Register of January 16, 2024, in the Amount of
526,484.02 and Warrant Register in the
Amount of $1,448,329.64

2. Approve the Minutes of January 8,
2024, City Council Study Session and January
9, 2024, City Council Meeting

3. Approve Resolution 2024-04 Approving
Housing Solutions Fund Memorandum of
Agreement with the San Gabriel Valley Council
of Governments and Approval of an
Expenditure and Offsetting Revenue Budget
Appropriation in Fund 034 for Housing
Solutions Fund in an amount not to exceed
$10,000

4. Adopt Ordinance 1303 Approving
Municipal Code Text Amendment 23-0006 to
Regulate the Use of Transit Facilities, and
Determination of Exemption from CEQA under
CEQA Guidelines 15061(b)(3).

5. Adopt Ordinance 1302 Approving
Municipal Code Text Amendment 23-0002 to
Regulate Camping and Storage on Private and
Public Property, and Determination of
Exemption from CEQA under CEQA
Guidelines 15061(b)(3).

6. Approve Resolution 2024-06 Adopting
the City of San Dimas Emergency Operations
Plan (EOP)

7. Approve Resolution 2024-03, Annual
Update of Parking Prohibitions on Certain City
Streets

8. Receive and file the December 2023
Investment Report
MOTION: Motion/seconded by Mayor Pro Tem
Vienna/Councilmember Weber to approve the
consent calendar. Motion carried 5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
Abstain: None

PUBLIC HEARING ITEMS COMMENTS/RECOMMENDATIONS

1. Approve Resolution 2024-05 Approving
Proposed FY 2024-25 Community
Development Block Grant (CDBG) Programs
and Funding Budget
The Mayor opened the Public Hearing for
public comments.

Cyndia Williams provided recommendations for
use of funds for the Youth Scholarship Program
and Downtown Business Improvement
Program.

Cathy Begin provided recommendations for the
use of funds for the Youth Scholarship
Program.

January 23, 2024 City Council Meeting Minutes Page 3
Brandon Moon commented his availability for
discussions on youth programs.

The Mayor closed the Public Hearing and
brought the item back to Council for
discussion.

Housing Manager Flores recommended
keeping the Business Attraction Program at
$70,000, reduce the Housing Rehabilitation
Program by $10,000 and allocate the $10,000
to the Youth Scholarship Program.

MOTION: Motion/seconded by Mayor Pro Tem
Vienna/Councilmember Weber to approve
Resolution 2024-05, and the amended use of
funds. Motion carried 5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
Abstain: None

STAFF AND CITY COUNCIL REPORTS COMMENTS/RECOMMENDATIONS a. City Manager City Manager Constantin announced a Study Session for February 26, 2024, at 6pm for the
Downtown Specific Plan.
b. City Attorney None
c. Members of the City Council
Reports on Meetings Attended AB 1234 (G.C.
§53232.3(d))
None

CITY COUNCIL REQUESTS FOR

FUTURE ITEMS

COMMENTS/RECOMMENDATIONS
Councilmember Ebiner
Request by Councilmember Ebiner supported
by Councilmember Nakano for a Budget Study
Session on February 27, 2024.

Mayor Pro Tem Vienna
Request by Mayor Pro Tem Vienna supported
by Mayor Badar for a discussion on Senate Bill
329. The City Attorney will prepare for February
13, 2024, meeting.

CLOSED SESSION COMMENTS/RECOMMENDATIONS

2. PUBLIC EMPLOYEE PERFORMANCE

EVALUATION
Title: City Manager

3. CONFERENCE WITH LABOR

NEGOTIATORS
Following the closed session, the City Attorney
made a public announcement that the City
Council met and discussed items 2 and 3 on
the closed session agenda, that the City
Council considered and gave direction to staff

January 23, 2024 City Council Meeting Minutes Page 4
Agency designated representative: Jeff
Malawy, City Attorney
Unrepresented employee: City Manager
on those items, and that no reportable action
was taken.

Adjourned: 10:15 PM
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of February 13, 2024
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Adopting Resolution 2024-08 Commencing Proceedings for Annual Levy of Assessment for Boulevard Open Space Maintenance District and Authorizing the City Engineer to Proceed with the Preparation of Annual Reports ____________________________________________________________________________

SUMMARY
Adoption of Resolution Required to proceed with the preparation of Annual Report for the annual Levy of Assessment for Open Space Maintenance District No. 1, Tract 32818, Boulevard.

RECOMMENDATION
Staff recommends that City Council:
• Adopt Resolution 2024-08, Boulevard, authorizing the City Engineer to proceed with the preparation of Annual Reports for the annual Levy of Assessments for the Boulevard Open Space District.

FISCAL IMPACT
There is no fiscal impact for the recommended action.

BACKGROUND
The Boulevard Open Space Maintenance District was formed under the provisions of the Landscape and Lighting Act of 1972, Division 15, Part 2, of the Streets and Highways Code of the State of California. The Act further establishes procedures for the annual levy of assessments which begins with the preparation of an Engineer’s Report. Last year the City Council filed annual assessment for Tract No.32818, Boulevard Open Space Maintenance District.

DISCUSSION/ANALYSIS

Annual Levy of Assessment for Boulevard Open Space Maintenance District Page 2 For the Meeting of February 13, 2024
To initiate proceedings for the 2024-2025 fiscal year, staff is requesting authorization to proceed with the preparation of an Engineer’s Report for the Boulevard Open Space Maintenance District.

ALTERNATIVES
The City Council could decide not to adopt Resolution 2024-08, authorizing the City Engineer to proceed with the preparation of Annual Reports for the annual Levy of Assessments for the Boulevard Open Space District. Under this scenario, the Engineer’s Report would not be generated and the City would not have the option to increase the annual assessment.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Scott Wasserman
Director of Parks & Recreation
Attachments:

1. Resolution 2024-08 Boulevard

ATTACHMENT 1
RESOLUTION 2024-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

COUNTY OF LOS ANGELES, ORDERING THE CITY ENGINEER TO PROCEED

WITH THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS FOR OPEN SPACE MAINTENANCE DISTRICT NO.1, (TRACT NO. 32818, Boulevard) WHEREAS, the San Dimas City Council formed “Open Space Maintenance District No. 1” under Resolution No. 77-57 pursuant to the terms and provisions of the “ Landscaping and Light Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California; and
WHEREAS, said district was established for the maintenance and restoration of landscaping improvements within the city limits of the City of San Dimas; and WHEREAS, the City Council of the City of San Dimas, desires to initiate proceedings to levy annual assessments as required following the formation of said district for the annual levy of assessments for the fiscal year commencing July 1, 2024 and ending June 30, 2025.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby resolve that:

SECTION 1. The referenced “Open Space Maintenance District No. 1” be continued for the maintenance and restoration of landscaping improvements as set forth in the “Report” to be presented to this City Council for consideration.

SECTION 2. There are no substantial improvements to be added to said maintenance district, nor are there any proposed changes to the boundaries of the maintenance district.

SECTION 3. The City Engineer is hereby ordered to prepare a report in accordance with Section 22565 and 22622 of said Street and Highways Code.

SECTION 4. Upon completion, said “Report” shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to Sections 22623 and 22624 of said Streets and Highways Code.

PASSED, APPROVED AND ADOPTED this 13th day of February, 2024. ____________________________________
Emmett G. Badar, Mayor
ATTEST:

Resolution 2024-08 Page 2
Ordering Engineer to Prepare the Engineer’s Report for Annual Levy of Tract 32818, Boulevard February 13, 2024
_______________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-08 was adopted by the City Council of San Dimas at its regular meeting of February 13, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Debra Black, City Clerk

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of February 13, 2024
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Adopting Resolution 2024-09 Commencing Proceedings for Annual Levy of Assessment for Northwoods Open Space Maintenance District and Authorizing the City Engineer to Proceed with Preparation of Annual Reports ____________________________________________________________________________

SUMMARY
Adoption of Resolution Required to proceed with the preparation of Annual Report for the annual Levy of Assessment for Open Space Maintenance District No. 1, Annexation No. 3, Tract 32841, Northwoods.

RECOMMENDATION
Staff recommends that City Council:
• Adopt Resolution 2024-09, Northwoods, authorizing the City Engineer to proceed with the preparation of Annual Reports for the annual Levy of Assessments for the Northwoods Open Space District.

FISCAL IMPACT
There is no fiscal impact for the recommended action.

BACKGROUND
The Northwoods Open Space Maintenance District was formed under the provisions of the Landscape and Lighting Act of 1972, Division 15, Part 2, of the Streets and Highways Code of the State of California. The Act further establishes procedures for the annual levy of assessments which begins with the preparation of an Engineer’s Report. Last year the City Council filed annual assessment for Tract No. 32841, Northwoods Open Space Maintenance District.

On June 13, 2023, the City Council adopted Resolution 2023-24 approving no increase in the levied assessment with the removal of any additional work over and above what the current

Annual Levy of Assessment for Northwoods Open Space Maintenance District Page 2 For the Meeting of February 13, 2024
assessment can pay for to provide service in the Open Space Maintenance District No. 1, Annexation No. 3 (Tract No 32841, Northwoods).

DISCUSSION/ANALYSIS
To initiate proceedings for the 2024-2025 fiscal year, staff is requesting authorization to proceed with the preparation of an Engineer’s Report for the Northwoods Open Space Maintenance District.

ALTERNATIVES
The City Council could decide not to adopt Resolution 2024-09, authorizing the City Engineer to proceed with the preparation of Annual Reports for the annual Levy of Assessments for the Northwoods Open Space District. Under this scenario, the Annual Report will not be completed and the City would not have the option to recommend an increase in the annual assessment.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Scott Wasserman
Director of Parks & Recreation
Attachments:

1. Resolution 2024-09 Northwoods

ATTACHMENT 1
RESOLUTION 2024-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,COUNTY OF LOS

ANGELES, ORDERING THE CITY ENGINEER TO PROCEED WITH THE PREPARATION OF

A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS FOR OPEN SPACE MAINTENANCE DISTRICT NO.1, ANNEXATION NO. 3 (TRACT NO. 32841, Northwoods) WHEREAS, the San Dimas City Council formed “Open Space Maintenance District No. 1, Annexation No. 3” under Resolution No. 78-38 pursuant to the terms and provisions of the “Landscaping and Light Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California; and
WHEREAS, said district was established for the maintenance and restoration of landscaping improvements within the city limits of the City of San Dimas; and WHEREAS, the City Council of the City of San Dimas, desires to initiate proceedings to levy annual assessments as required following the formation of said district for the annual levy of assessments for the fiscal year commencing July 1, 2024 and ending June 30, 2025.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby resolve that:

SECTION 1. The referenced “Open Space Maintenance District No. 1, Annexation No. 3” be continued for the maintenance and restoration of landscaping improvements as set forth in the “Report” to be presented to this City Council for consideration.

SECTION 2. There are no substantial improvements to be added to said maintenance district, nor are there any proposed changes to the boundaries of the maintenance district.

SECTION 3. The City Engineer is hereby ordered to prepare a report in accordance with Section 22565 and 22622 of said Street and Highways Code.

SECTION 4. Upon completion, said “Report” shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to Sections 22623 and 22624 of said Streets and Highways Code.

PASSED, APPROVED AND ADOPTED this 13th day of February, 2024. ____________________________________
Emmett G. Badar, Mayor

Resolution 2024-09 Page 2
Ordering the Engineer to Prepare the Engineer’s Report for Tract No. 32841, Northwoods February 13, 2024
ATTEST:
_______________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-09 was adopted by the City Council of San Dimas at its regular meeting of February 13, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Debra Black, City Clerk

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of February 13, 2024
From: Chris Constantin, City Manager
Prepared by: Michael O'Brien, Director of Administrative Services/City Treasurer Subject: Adopt Resolution 2024-11, A Resolution of the City Council of the City of San Dimas to Enter into an Agreement with Great Pacific Securities for the Purpose of Investment of Idle Funds and to Designate Authorized Signers for the Account
____________________________________________________________________________

SUMMARY
Adopt Resolution 2024-11 to enter into an agreement to allow Great Pacific Securities to act as a broker on behalf of the City of San Dimas for the purpose of investing idle funds and designate authorized signers on the account.

RECOMMENDATION
Staff recommends that the City Council:
• Adopt Resolution 2024-11, a resolution authorizing Great Pacific Securities to act as a broker for investing idle funds in various instruments such as CDs, agency, corporate, and municipal bonds.

FISCAL IMPACT
Fees are included in the rate of return offered by the broker to the City for specific investments.

No direct costs are charged to the City for fund investments.

BACKGROUND
Great Pacific Securities, a certified minority-owned institutional financial services firm headquartered in Costa Mesa, California, has provided customized investment solutions for over 30 years. The firm, operating as an S-Corp, serves public sector clients and has branches in New York, Illinois, Nevada, and Hawaii.

Great Pacific Securities Page 2
For the Meeting of February 13, 2024
To establish a relationship with Great Pacific Securities, the City must approve a resolution authorizing Great Pacific Securities to act as a broker on behalf of the City and to designate authorized signers on the account.

With a robust capital structure, Great Pacific Securities maintains an experienced Fixed Income desk, an Equity execution desk, a Capital Markets Services Department (Corporate Debt and Equity Underwriting), and a Municipal Bond Department. Last year, its broker-dealer arm traded over $177 billion in securities for major public and private institutions in North America.

The authorized signers on all Great Pacific Securities City accounts, as designated by this resolution, are:

Chris Constantin - City Manager
Brad McKinney - Assistant City Manager
Michael O'Brien - Administrative Services Director/City Treasurer Steven Valdivia - Accounting Supervisor
Jennifer Legaspi – Accounting Supervisor

DISCUSSION/ANALYSIS
The City of San Dimas engages brokers to identify investment opportunities within the framework of its investment policy. Brokers, with access to certificates of deposit, agency corporate and municipal bonds, and commercial paper not available to the general public, play a vital role.

Great Pacific Securities collaborates with local agencies such as the City of Burbank, Glendale, Los Angeles Department of Water & Power, County of Los Angeles, and the County of Orange.

The City believes that adding Great Pacific Securities to existing brokers, Time Value Investments and Stifel, would maximize return on investment within our Investment Policy guidelines.

The Governmental Finance Officers Association (GFOA) recommends using at least three brokers for investment purposes to compare rate offerings and ensure the best rates for investing idle funds.

Great Pacific Securities, as a California-based underwriting firm, provides access to municipal bonds, an investment category lacking in the City's current portfolio, offering a potential avenue to diversify investments and increase the rate of return.

Utilizing BNY/Pershing as a third-party safe keeper/custodian, Great Pacific Securities assures the City that funds are used for intended investments without co-mingling with the broker/dealer's accounts.

ALTERNATIVES
The Council may choose not to add Great Pacific Securities as an additional broker/dealer and instead continue with the two existing options.

ENVIRONMENTAL REVIEW

Great Pacific Securities Page 3
For the Meeting of February 13, 2024
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Michael O'Brien
Director of Administrative Services/City Treasurer
Attachments:

1. Resolution 2024-11

2. Great Pacific Securities Response to RFP

ATTACHMENT 1
RESOLUTION 2024-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

COUNTY OF LOS ANGELES, APPROVING THE USE OF GREAT PACIFIC

SECURITIES FOR THE PURPOSE OF INVESTMENT OF IDLE FUNDS AND TO

DESIGNATE AUTHORIZED SIGNERS ON THE CITY OF SAN DIMAS
ACCOUNTS.

WHEREAS, the City of San Dimas utilizes Great Pacific Securities as a source for the investment of idle funds in Certificates of Deposits and Agency, Corporate, and Municipal Bonds, etc. and
WHEREAS, said accounts are created for the purpose of diversifying City funds to maximize interest earnings; and
WHEREAS, internal controls require establishing the authorized signers on the account, and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby resolve that: the City Council of the City of San Dimas, California, agrees that the following named officials of the City of San Dimas are designated as authorized signers on all of the City’s accounts at Great Pacific Securities; and that all deposits and/or withdrawals require two (2) signatures; so as stated by this resolution, for the purpose of City investments the following amended named officials are authorized signers on the City’s Great Pacific Securities accounts:

Chris Constantin, City Manager
Brad McKinney, Assistant City Manager
Michael O’Brien, Administrative Services Director/City Treasurer Steven Valdivia, Accounting Supervisor
Jennifer Legaspi, Accounting Supervisor
PASSED, APPROVED AND ADOPTED this 13th day of February, 2024. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk

Resolution 2024-11 Page 2
Great Pacific Securities Broker/Dealer
February 13, 2024
I, Debra Black, City Clerk, hereby certify that Resolution 2024-11 was adopted by the City Council of San Dimas at its regular meeting of February 13, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Debra Black, City Clerk

GREAT PACIFIC

SECURITIES
A Certified Minority Business Enterprise
California Office: 151 Kalmus Drive, Suite H8 Costa Mesa, CA 92626 Certified Minority Business & Small Business Enterprise Member FINRA/SIPC/MSRB
(714) 619-3000

GREAT PACIFIC SECURITIES
Response to Broker/Dealer RFP
prepared for:

ATTACHMENT 2

California Office: 151 Kalmus Drive, Suite H8 Costa Mesa, CA 92626 Certified Minority Business & Small Business Enterprise Member FINRA/SIPC/MSRB
(714) 619-3000
December 20th, 2023
Mr. Michael O’Brien
City of San Dimas
Finance Director
245 E Bonita Ave.

San Dimas, CA 91773
Dear Mr. O’Brien and Members of City of San Dimas,
Thank you for the opportunity to submit our qualifications to be an approved broker-dealer for City of San Dimas. Great Pacific Securities (GPS) is a broker-dealer specializing in institutional investing, with trade volumes topping $14 Billion monthly. We actively trade Treasury, Agency, mortgage-backed, corporate and municipal bonds, and brokered CDs for some of the largest public sector clients in the US.

GPS is also a direct underwriter for the Federal Agencies including Freddie Mac, Fannie Mae, Farmer Mac and the Federal Home Loan Bank System. As one of the largest minorities owned underwriters in the sector, we access the Discount note windows, MTN programs and Global/Reference and Benchmark Notes for our public sector clients. Our skills and understanding of these markets can help you add value to your portfolios.

In addition, choosing Great Pacific Securities as part of your investment team can help you meet most internal goals and guidelines regarding the use of Minority-Owned Business Enterprises (MBE). The firm is recognized as a certified MBE by many federal government agencies, state governments, large pension funds and organizations.

If you have any questions or require any additional information, please do not hesitate to contact me.

Sincerely,
Christopher Vinck-Luna
CEO

Great Pacific Securities
Name of Firm: Great Pacific Securities
Address: 151 Kalmus Dr., Suite H-8, Costa Mesa, CA 92626 Telephone: (714) 619-3000
Fax Number: (714) 619-3019
Firm FINRA CRD: 29251
Primary Representative: Secondary Representative:

Name: Parker Swoish Name: Christopher Vinck-Luna
Title: Institutional Account Executive Title: CEO
Telephone: (714) 619-3000 Telephone: (714) 619-3000
E-mail: [email protected] E-mail: [email protected] FINRA CRD: 7558470 FINRA CRD: 2447335
Back-up Representative: Back Office/Operations Contact:

Name: James Voight Name: Elaine Adoum
Title: Head of Fixed-Income Trading Title: Operations Manager Telephone: (714) 619-3000 Telephone: (714) 619-3015
E-mail: [email protected] E-mail: [email protected]
FINRA CRD: 1286446
Clearing Firm: Bank of New York, Pershing
Founded in 1990, Great Pacific Securities (GPS) is a certified minority owned institutional financial services firm headquartered in Costa Mesa, California with branches in New York, Illinois, Nevada and Hawaii. The firm is an S-corp with a core business is serving public sector clients.

The firm is a certified Minority-Owned Business Enterprise (MBE), with 100% of the firm’s shares under Hispanic ownership. Choosing GPS as part of your investment team can help meet most federal, state, and internal goals or guidelines regarding the use of MBE firms.

Possessing a strong capital structure, GPS maintains an experienced Fixed Income desk, an Equity execution desk, a Capital Markets Services Department (Corporate Debt and Equity Underwriting), and a Municipal Bond Department. Last year Great Pacific Securities broker-dealer arm traded over $177 Billion in securities for some of the largest public and private institutions in North America.

The Investment Grade Trading Desk actively trades Treasury, Agency, mortgage-backed, corporate and municipal bonds, Commercial Paper (CP) and brokered CDs. The firm’s focus is serving public sector clients. In 2020, GPS was approved as a counter-party to the Federal Reserve to assist in the unwinding of the Fed’s Secondary Market Corporate Credit Facility (SMCCF).

The firm not only provides transparency into the secondary market for its clients to help them meet their investment needs, but also provides exceptional access to the primary markets. GPS creates Government Agency debt when a suitable investment cannot be found for its clients in the secondary market. The firm

also participated in over, $145 billion of corporate offerings and $25 billion of municipal new issues.

Additionally, the firm is active in both new issue CP and CP traded on the secondary market.

GPS is a direct underwriter for Freddie Mac, Farmer Mac, Fannie Mae, and Federal Home Loan Bank.

The firm can access the window for any posting or perform a reverse inquiry should a date that is not posted be desired. Additionally, if the appropriate security for a client is not readily available GPS has the ability to structure and create the necessary security. Lastly, GPS is a member of the Global Group for the FHLB, Reference Note Pool for Freddie Mac, and Benchmark Pool for Fannie Mae. This gives the firm the ability to access many of the large deals directly from these Agencies.

For cash management solutions, Great Pacific Securities, offers dedicated share classes managed by BlackRock Global Cash Management. This partnership with BlackRock allows GPS’s clients to have access to cash management solutions which emphasize positive social outcomes through education as well as environmental considerations.

GPS also provides its clients with a variety of research products to keep them up on daily news and economic announcements, interest rate outlooks, new products, investment ideas, monthly pricing and valuation and the budding ESG market.

The firm has established a unique approach to client service and execution. Consistent client service is extremely important to GPS, so the firm uses a team approach that includes your Institutional Account Executive and the trading desk. Clients may speak with any member of the trading desk/coverage team at any time to request bids, offers, quantitative or qualitative research, portfolio management tutelage or advice. Ultimately, any request received by a client will have input from all members of the coverage team. Additionally, the firm serves a broad base of state government and institutional clients and is particularly responsive to each client’s specific needs regarding safety, liquidity, and yield.

GPS has a fully disclosed clearing agreement with Bank of New York, Pershing, that it utilizes for clearing domestic equity and fixed income trades.

As the main account representative covering the City of San Dimas, I believe that I add value to the portfolio in the opportunistic buying in terms of market movement, issuer needs and client needs. I have and always will provide the best option in terms of safety, liquidity and yield for all the customers that I service. There have been many instances where I have solved the client's needs and provided much better than other brokers by going directly to issuers on client needs or writing a client their own deal with the agencies FHLB, FHLMC, FNMA or FAMCA. Client may need short term money to be put to work and I can get them better than what is posted out there in the FHLB window or through a different issuer.

The best way I think I can offer coverage better than anyone is because I do not carry an inventory on most bonds, thus I have no obligation to sell you bonds from our inventory that my trade desk is trying to push to get off the books. It is strictly me finding out what is best out there, what sticks out amongst all of the bonds in the market and providing it to you. I will always have the client's best interest in mind and will always search for a solution for your investment needs.

Great Pacific Securities References
Name: City of Los Alamitos, CA Name: County of Orange
Contact: Craig Koehler Contact: Bill Hua
Telephone: (562) 431-3538 Telephone: (714) 834-8518
E-mail: [email protected] E-mail: [email protected] Name: County of Los Angeles
Contact: Anthony Mason
Telephone: (213) 974-2191
E-mail: [email protected]
Great Pacific Securities also trades with the below California state entity’s:

City of Sacramento, City of Oakland, Santa Barbra County, City of Burbank, City of Glendale, City of Elk Grove, City of Roseville, City of Fresno, City and County of San Francisco, Los Angeles Department of Water & Power, Southern California Public Power Authority, State of California, and many more.

Great Pacific Securities Appendix’s
 Please see attached Great Pacific Securities most recent Audited Financials as Appendix A.  Please see attached Great Pacific Securities most recent FOCUS Report as Appendix B.  Please see attached Great Pacific Securities Southern California Minority Supplier Development Council Certification as Appendix C.

APPENDIX A















 










 




 

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GREAT PACIFIC SECURITIES
Table of Contents
PAGE
SEC Form X-17A-5 1
Report of Independent Registered Public Accounting firm 2 Statement of Financial Condition 3
Statement of Income 4
Statement of Stockholders’ Equity 5
Statement of Cash Flows 6
Statement of Changes in Subordinated Borrowings 7
Notes to Financial Statements 8 - 12
Supplemental Information
Schedule I Statement of Net Capital 13
Schedule II Determination of Reserve Requirements 14
Schedule III Information Relating to Possession or Control 14 Report of Independent Registered Public Accounting firm on Review of Exemption Report 15 Assertions Regarding Exemption Provisions 16
Schedule of Assessments and Payments to SIPC
Independent Accountant’s Report on Applying Agreed
Upon Procedures Related to an Entity’s SIPC Assessment Reconciliation










 




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APPENDIX B

GREAT PACIFIC SECURITIES
8-44398
29251
X 16 17 18
19 151 KALMUS DRIVE, BUILDING H8
COSTA MESA CA 92626
10/01/23
26 CHRIS VINCK 714- 619 3000
40 X 41
42 10/31/23
FORM

FOCUS REPORT
X-17A-5
(FINANCIAL AND OPERATIONAL COMBINED UNIFORM SINGLE REPORT) PART IIA 12
(Please read instructions before preparing Form)
This report is being filed pursuant to (Check Applicable Block(s)):
1) Rule 17a-5(a) 2) Rule 17a-5(b) 3) Rule 17a-11
4) Special request by designated examining authority 5) Other NAME OF BROKER-DEALER SEC. FILE NO.

ADDRESS OF PRINCIPAL PLACE OF BUSINESS (Do not use P.O. Box No.)
FIRM ID NO.

FOR PERIOD BEGINNING (MM/DD/YY)
(No. and Street)

AND ENDING (MM/DD/YY)
(City) (State) (Zip Code)

NAME AND TELEPHONE NUMBER OF PERSON TO CONTACT IN REGARD TO THIS REPORT(Area code) - Telephone No.

NAME(S) OF SUBSIDIARIES OR AFFILIATES CONSOLIDATED IN THIS REPORT
YES NO
EXECUTION:

The registrant/broker or dealer submitting this Form and its attachments and the person(s) by whom
it is executed represent hereby that all information contained therein is true, correct and complete.

It is understood that all required items, statements, and schedules are considered integral parts of
this Form and that the submisson of any amendment represents that all unamended items, statements
and schedules remain true, correct and complete as previously submitted.

Dated the day of 20
Manual Signatures of:
1)
Principal Executive Officer or Managing Partner
2)
Principal Financial Officer or Partner
3)
Principal Operations Officer or Partner
ATTENTION - Intentional misstatements or omissions of facts constitute Federal
Criminal Violations. (See 18 U.S.C. 1001 and 15 U.S.C. 78:f (a) )
FINRA

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

OFFICIAL USE

CHECK HERE IF RESPONDENT IS FILING AN AUDITED REPORT
DOES RESPONDENT CARRY ITS OWN CUSTOMER ACCOUNTS ?
13 14
15 20
21 22 23
24 30 31
32 33
34 35
36 37
38 39
25 2023-11-27 08:03PM EST
Status: Accepted

X
81,952
71,742
1,129,549 39,499
5,437,203
3,162,330
159,238
4,000,000
4,731,290

GREAT PACIFIC SECURITIES
54,624
10/31/23
8-44398
4,000,000
54,624
14,136,137
8,758,771
81,952
1,240,790
14,042,014 94,123
at market value
affiliates, subsidiaries and
under lease agreements, at cost-net
and amortization. ........................
of accumulated depreciation
..............................................
..............................................
$ $
market $
associated partnerships .......................

leasehold improvements and rights
...........................
........................

9. Investment in and receivables from

10. Property, furniture, equipment,

11. Other assets

12. Total Assets
...................................
.........................
as of (MM/DD/YY)
SEC FILE NO.

Consolidated
Unconsolidated
ASSETS
...............
130
$ $

STATEMENT OF FINANCIAL CONDITION FOR NONCARRYING, NONCLEARING AND
.......................
................................
.....................
$
$
$
...............................
............................
.............................
..........................
$
securities accounts, at market value:
securities $
securities
securities
securities
Allowable Non-Allowable Total
$
and partners' individual and capital

1. Cash

7. Secured demand notes:

2. Receivables from brokers or dealers:

3. Receivables from non-customers

4. Securities and spot commodities owned, at market value:

5. Securities and/or other investments not readily marketable:

8. Memberships in exchanges:

6. Securities borrowed under subordination agreements
N 3

PART IIA

BROKER OR DEALER

CERTAIN OTHER BROKERS OR DEALERS

FINANCIAL AND OPERATIONAL COMBINED UNIFORM SINGLE REPORT Market value of collateral:
$

OMIT PENNIES
A. Owned, at
B. Owned, at cost
C. Contributed for use of the company,
A. Exempted
B. Other
A. Exempted
B. Other
A. Exempted securities
B. Debt securities
C. Options
D. Other securities
E. Spot commodities
A. At cost
B. At estimated fair value
A. Clearance account
B. Other
890
850
860
880
810
830
550
600
610
418
419
420
424
430
440
470
460
490
535
540
480
190
......................
170
180
160
150
640
630
650
200
355
660
680
735
740
670
900
920
930
940
910
295
300
750
100
99 98
198
199
2023-11-27 08:03PM EST
Status: Accepted

6,784
992,754
4,000,000
3,026,223
6,784
992,754
4,000,000
8,025,761
9,180
5,220,000
881,196
999,538
3,026,223
4,000,000
7,026,223
14,136,137
6,110,376
6,110,376
GREAT PACIFIC SECURITIES 10/31/23

..............................................................

PART IIA

OMIT PENNIES
...................
..............
.......................
........................
................................
..............................
.........................
.....................
.................................
........................
.......................... $ $
$
$
$
$
...............
....................... $ $
$

FINANCIAL AND OPERATIONAL COMBINED UNIFORM SINGLE REPORT $
$
$
Ownership Equity
...........................
( )
$
$
................................................................... .................................................................... ..................................................................... .................................................................. ........................................................... ......................................................... .............................................
........................................................................... $

BROKER OR DEALER
as of
A.I. Non-A.I.

STATEMENT OF FINANCIAL CONDITION FOR NONCARRYING,

NONCLEARING AND CERTAIN OTHER BROKERS OR DEALERS

LIABILITIES AND OWNERSHIP EQUITY
Liabilities Liabilities Liabilities
Total
1255
1315
1305
1355
1385
1390
1400
1420
1360
1410
1205
1210
1211
1114
1115
1155
1045
980
970
990
1000
1010
1740
1760
1770
1791
1792
1793
1794
1780
1750
1796
1810
1800
1795
1430
1440
1450
1220
1230
1020
of general creditors:
expenses and other
collateral agreements
of
......
use of company, at market value
of
......
qualified for net capital purposes
at market value

16. Securities sold not yet purchased,

17. Accounts payable, accrued liabilities,

18. Notes and mortgages payable:

19. Liabilities subordinated to claims

14. Payable to brokers or dealers:

15. Payable to non-customers

13. Bank loans payable

20. TOTAL LIABILITIES
from outsiders
B. Other
A. Clearance account
B. Securities borrowings, at market value
B. Secured
A. Unsecured
C. Pursuant to secured demand note
A. Cash borrowings:

2. Includes equity subordination (15c3-1(d))

1. from outsiders

2. includes equity subordination (15c3-1(d))

1. from outsiders
D. Exchange memberships contributed for
E. Accounts and other borrowings not

23. Corporation:

21. Sole proprietorship

22. Partnership (limited partners)

24. TOTAL OWNERSHIP EQUITY

25. TOTAL LIABILITIES AND OWNERSHIP EQUITY
B. Common stock
C. Additional paid-in capital
D. Retained earnings
G. Less capital stock in treasury
F. Total
A. Preferred stock
1470
1560
1540
1610
1685
1690
1700
1710
1730
1620
1720
E. Accumulated other comprehensive income ............................................. 1797 2023-11-27 08:03PM EST
Status: Accepted

GREAT PACIFIC SECURITIES 10/31/23
6,110,376
95,994
10,014,382
6,110,376
4,000,000
10,110,376
208,736
9,805,646
3,185
205,551
0 94,123
1,871
3600
3590
3736
3650
3730
3734
3733
3735
3670
3660

3490
3500
3520
3525
3530
3620
3630
3640
3740
3750
)
)
)

OMIT PENNIES
(
(
$ 3480
3540
...............
3610
$
$
$
.................................................
..........................................
............................................
.................................................
.............................................
.........................................
...............................
................................
..............................................
..............................................
...............................................
..........................................
.....................................
................................................
.............................................
....................................................................... $
...................... $
.................................
.....................................
.................................
proprietary capital charges
pursuant to 15c3-1(f)) :

A. Total non-allowable assets from
C. Commodity futures contracts and spot commoditiesStatement of Financial Condition (Notes B and C) B. Secured demand note deficiency

4. Other securities

3. Options

2. Debt securities

1. Exempted securities

4. Add:

6. Deductions and/or charges:

7. Other additions and/or allowable credits (List)

9. Haircuts on securities (computed, where appliicable,

2. Deduct ownership equity not allowable for Net Capital

3. Total ownership equity qualified for Net Capital

5. Total capital and allowable subordinated liabilities

10. Net Capital

8. Net Capital before haircuts on securities positions

1. Total ownership equity from Statement of Financial Condition as of

COMPUTATION OF NET CAPITAL

FINANCIAL AND OPERATIONAL COMBINED UNIFORM SINGLE REPORT

PART IIA

BROKER OR DEALER
(
A. Liabilities subordinated to claims of general creditors allowable in computation of net capital
B. Other (deductions) or allowable credits (List)
D. Other deductions and/or charges
C. Trading and investment securities:

B. Subordinated securities borrowings
A. Contractual securities commitments
D. Undue concentration
E. Other (List)
2023-11-27 08:03PM EST
Status: Accepted

GREAT PACIFIC SECURITIES 10/31/23
100,000
999,538
9,685,646
66,636
100,000
9,705,646

0.00 10.19
999,538

FINANCIAL AND OPERATIONAL COMBINED UNIFORM SINGLE REPORT

PART IIA

BROKER OR DEALER
as of
Part A

COMPUTATION OF BASIC NET CAPITAL REQUIREMENT

COMPUTATION OF AGGREGATE INDEBTEDNESS
NOTES:
(A) The minimum net capital requirement should be computed by adding the minimum dollar net capital requirement
of the reporting broker dealer and, for each subsidiary to be consolidated, the greater of:
(B) Do not deduct the value of securities borrowed under subordination agreements or secured demand notes
included in non-allowable assets.
(C) For reports filed pursuant to paragraph (d) of Rule 17a-5, respondent should provide a list of material
non-allowable assets.
equivalent value is paid or credited
%
%
of subsidiaries computed in accordance with Note (A)
A. Drafts for immediate credit
B. Market value of securities borrowed for which no
C. Other unrecorded amounts (List)
$
$
$
................................................
............................................
................................................
......................................................... ..........................................
..........................................
.........................................
...................................
.....................................
........................................................... .........................
....................

1. Minimum dollar net capital requirement, or

2. 6-2/3% of aggregate indebtedness or 4% of aggregate debits if alternative method is used.
3800
3810
3820
exchanges contributed for use of company (contra to item 1740) and partners' securities which were
covered by subordination agreements not in satisfactory form and the market values of the memberships in
$
$
$
$
$
$
$
$

COMPUTATION OF ALTERNATE NET CAPITAL REQUIREMENT
to Rule 15c3-3 prepared as of the date of net capital
computation including both

22. 2% of combined aggregate debit items as shown in Formula for Reserve Requirements pursuant
Part B

23. Minimum dollar net capital requirement of reporting broker or dealer and minimum net capital

26. Net capital in excess of the greater of:
brokers or dealers and consolidated subsidiaries' debits requirement of subsidiaries computed in accordance with Note (A)

25. Excess net capital (line 10 less 24)
5% of combined aggregate debit items or 120% of minimum net capital requirement

24. Net capital requirement (greater of line 22 or 23)
.........................................
.................................
...............................................
........................................................ ...................... $
$
$
$
$

12. Minimum dollar net capital requirement of reporting broker or dealer and minimum net capital requirement

17. Add:

19. Total aggregate indebtedness

20. Percentage of aggregate indebtedness to net capital (line 19 divided by line 10)

21. Percentage of debt to debt-equity total computed in accordance with Rule 15c-3-1(d)

13. Net capital requirement (greater of line 11 or 12)

14. Excess net capital (line 10 less 13)

15. Net capital less greater of 10% of line 19 or 120% of line 12 11. Minimum net capital required (6-2/3% of line 19)

16. Total A.I. liabilities from Statement of Financial
Condition
3870
3880
3910
3920
3760
3840
3850
3860
3830
3790
3758
3760
3770
3756
3780
2023-11-27 08:03PM EST
Status: Accepted

GREAT PACIFIC SECURITIES
16,665
101,420
755,839
857,259
595,602
23,060
959,380
8,840
16,665
6,980
98,476
1,090,341
414,851
414,851
414,851
1 29,271
1,505,192
10/01/23 10/31/23
414,851

REVENUE
STATEMENT OF INCOME (LOSS) or STATEMENT OF COMPREHENSIVE INCOME (as defined in §210.1-02 of Regulation S-X), as applicable

BROKER OR DEALER

MONTHLY INCOME
4070

18. Provision for Federal income taxes (for parent only) 4238

25. Income (current month only) before provision for Federal income taxes ...........................................
.................
3935
3938
3939
3940
3945
3949
3950
3952
3955
3970
3990
3975
3995
4030
4120
4115
4140
4075
4195
4100
4200
4210
4220
4222
4230
4211
....................................................
............................
....................................................................... ............................................................. ...................................................................... ....................................................
....................................................
....................
......................................................................... ........................................................................ ............................
................................................................... ...............................................
..............................................
............................................
...................................................................... .................................................................. .....................................
............................................................. ........................................................... ....................................................
.................
....................................................................... ........................
..............................................
.............................

FINANCIAL AND OPERATIONAL COMBINED UNIFORM SINGLE REPORT

PART IIA
Number of months included in this statement 3931
For the period (MMDDYY) from 3932 to 3933
$
$
$
$
$

a. Includes interest on accounts subject to subordination agreements a. [RESERVED]
a. After Federal income taxes of
a. Commissions on transactions in exchange listed equity securities executed on an exchange b. Commissions on listed option transactions
c. All other securities commissions
d. Total securities commissions
a. From market making in options on a national securities exchange b. From all other trading
c. Total gain (loss)

EXPENSES

NET INCOME/COMPREHENSIVE INCOME

14. Regulatory fees and expenses

15. Other expenses

16. Total expenses

17. Net Income (loss) before Federal income taxes and items below (Item 9 less Item 16)

19. Equity in earnings (losses) of unconsolidated subsidiaries not included above

20. [RESERVED]

21. [RESERVED]

22. Net income (loss) after Federal income taxes

12. Commissions paid to other brokers-dealers

13. Interest expense

11. Other employee compensation and benefits

10. Salaries and other employment costs for general partners and voting stockholder officers

1. Commissions:

2. Gains or losses on firm securities trading accounts

5. Revenue from sale of investment company shares

6. Commodities revenue

7. Fees for account supervision, investment advisory and administrative services

8. Other revenue

9. Total revenue

4. Profits (losses) from underwriting and selling groups

3. Gains or losses on firm securities investment accounts

23. Other Comprehensive income (loss) ..................................................... 4226 a. After Federal income taxes of ........................................... 4227

24. Comprehensive income (loss) ......................................................... 4228 $
$
2023-11-27 08:03PM EST
Status: Accepted

GREAT PACIFIC SECURITIES
10/01/23 10/31/23
6,110,376
4,000,000
5,695,525
414,851
4,000,000

BROKER OR DEALER
For the period (MMDDYY) from to

FINANCIAL AND OPERATIONAL COMBINED UNIFORM SINGLE REPORT

PART IIA

3. Balance, beginning of period 4300
4310
4272 )
4262 )

1. Balance, beginning of period
4320

STATEMENT OF CHANGES IN OWNERSHIP EQUITY
(SOLE PROPRIETORSHIP, PARTNERSHIP OR CORPORATION)

STATEMENT OF CHANGES IN LIABILITIES SUBORDINATED

TO CLAIMS OF GENERAL CREDITORS

2. Balance, end of period (from item 1800)

4. Balance, end of period (from item 3520) 4330
............................................................... ..................................................................... ........................................................ ............................................................... ......................................................................... ......................................................................... ........................................................ $
$

OMIT PENNIES
...........................
............................ $
$
$
$
4290
4270
4260
4250
4240
A. Net income (loss)
B. Additions (includes non-conforming capital of
C. Deductions (includes non-conforming capital of
A. Increases
B. Decreases
2023-11-27 08:03PM EST
Status: Accepted

10/31/23
Pershing LLC X

GREAT PACIFIC SECURITIES
TOTAL
Ownership Equity and Subordinated Liabilities maturing or proposed to be
withdrawn within the next six months and accruals, (as defined below),
which have not been deducted in the computation of Net Capital.

C. (k) (2) (ii) - All customer transactions cleared through another broker-dealer on a fully disclosed basis.

25. If an exemption from Rule 15c3-3 is claimed, identify below the section upon which such exemption is based :

Name(s) of Clearing Firm(s) - Please separate multiple names with a semi-colon
A. (k) (1) - Limited business (mutual funds and/or variable annuities only)
..................................
$ 4550
B. (k) (2) (i) - "Special Account for the Exclusive
Benefit of customers" maintained .............................. 4560 D. (k) (3) - Exempted by order of the Commission .......................................................... 4580 4335 4570
Name of Lender or Contributor
$

FINANCIAL AND OPERATIONAL COMBINED UNIFORM SINGLE REPORT

PART IIA
Exemptive Provision Under Rule 15c3-3

BROKER OR DEALER
as of
Type of Proposed
Expect
to
Renew
(Yes or No)
4605
4615
4625
4635
4645
4655
4665
4675
4685
4695
4604
4614
4624
4634
4644
4654
4664
4674
4684
4694
(MMDDYY)
Withdrawal
or Maturity
Date
4603
4613
4623
4633
4643
4653
4663
4673
4683
4693
4699

OMIT PENNIES
Amount to be withdrawn (cash amount
and/or Net Capital
Value of Securities)
4692
4682
4672
4662
4652
4642
4632
4622
4612
4602
Insider or
Outsider ?
(In or Out)
Detail listing must include the total of items maturing during the six month period following the
report date, regardless of whether or not the capital
contribution is expected to be renewed. The
schedule must also include proposed capital withdrawals scheduled within the six month
period following the report date including the proposed redemption of stock and payments of
liabilities secured by fixed assets (which are considered allowable assets in the capital computation
pursuant to Rule 15c3-1(c) (2) (iv)), which could be required by the lender on demand or in less
than six months.

4601
4611
4621
4631
4641
4651
4661
4671
4681
4691
Withdrawal or
Accrual
(See below for
code to enter)
Instructions:

WITHDRAWAL CODE: DESCRIPTION

1. Equity Capital

2. Subordinated Liabilities

3. Accruals

4. 15c3-1(c) (2) (iv) Liabilities
4600
4610
4620
4630
4640
4650
4660
4670
4680
4690
2023-11-27 08:03PM EST
Status: Accepted

APPENDIX C

02/16/2023
Issued Date
SC03411
Certificate Number
04/01/2024
Expiration Date Virginia Gomez, President

THIS CERTIFIES THAT
Great Pacific Securities
* Nationally certified by the:SOUTHERN CALIFORNIA MINORITY SUPPLIER DEVELOPMENT COUNCIL *NAICS Code(s): 523120; 523999; 523110; 523930
* Description of their product/services as defined by the North American Industry Classification System (NAICS) Ying McGuire
NMSDC CEO and President
By using your password (NMSDC issued only), authorized users may log into NMSDC Central to view the entire profile: http://nmsdc.org Certify, Develop, Connect, Advocate.
* MBEs certified by an Affiliate of the National Minority Supplier Development Council, Inc.®

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of February 13, 2024
From: Chris Constantin, City Manager
Prepared by: Jeff Malawy, City Attorney
Subject: Introduction of Ordinance 1305 Amending San Dimas Municipal Code (SDMC) Chapter 13.36 (Community Tree Management) to Permit an Increased Administrative Fine for Egregious Community Tree Violations; Adoption of Resolution 2024-10 Establishing the Administrative Fine Amount at $1000 and Adding the Fine to the City’s Schedule of Fees and Charges ____________________________________________________________________________

SUMMARY
On July 25, 2023, the City Council directed staff to bring back the necessary ordinance and resolution to increase the administrative fine for egregious community tree violations in city parks, city recreational facilities, and city street medians to $1000.

RECOMMENDATION
City staff recommends the City Council:
• Introduce Ordinance 1305 amending SDMC Sections 13.36.020 and 13.36.070 to define and permit an increased administrative fine for egregious community tree violations. • Adopt Resolution 2024-10 establishing the administrative fine amount at $1000 and adding the fine to the City’s Schedule of Fees and Charges.

FISCAL IMPACT
The increased administrative fine for egregious community tree violations may result in a small increase in fine revenue received by the city.

BACKGROUND
SDMC Chapter 13.36 governs community trees and prohibits certain actions that cause damage or harm to community trees. Community trees are defined as “any city-owned tree which is

Introduction of Ordinance 1304 Page 2
Adopt Resolution 2024-10
For the Meeting of February 13, 2024
located within any public park, city right-of-way, median, parkway, planting easement, or on any other city-owned property.” (SDMC 13.36.020.)
Currently, administrative fines for all violations of the Community Tree ordinance (SDMC Chapter 13.36) are $100 for the first offense, $200 for the second offense, and $500 for the third and subsequent offenses within a twelve-month period.

At its meeting on July 25, 2023, the City Council directed staff to bring back the necessary ordinance and resolution to increase the administrative fine to $1000 for egregious community tree violations in city parks, city recreational facilities, and city street medians.

DISCUSSION/ANALYSIS
The proposed ordinance would define “egregious violations” as “any willful or intentional violation of this Chapter [13.36] involving a community tree located in a city park, in a city recreational facility, or in a city street median, that severely disfigures or severely injures the tree, is likely to cause the death of the tree, or actually causes the death of the tree.” The proposed ordinance provides that egregious community tree violations are subject to a fine set by resolution of the City Council, which may exceed the administrative fine for other SDMC violations.

The proposed resolution sets the amount of the administrative fine at $1000 per tree and per day of the violation.

ALTERNATIVES
The City Council can decide to not make any changes to the ordinance.

ENVIRONMENTAL REVIEW
This item is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that this item may have a significant adverse effect on the environment.

Respectfully submitted,
Jeff Malawy, City Attorney
Attachments:

1. Ordinance 1305 Ch. 13.36 Community Tree Management

2. Resolution 2024-10 Amending Master Fee Schedule

ATTACHMENT 1
01171.0001/928875.3
ORDINANCE 1305

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SAN DIMAS MUNICIPAL CODE SECTIONS 13.36.020 AND 13.36.070 TO PERMIT AN INCREASED ADMINISTRATIVE FINE FOR EGREGIOUS VIOLATIONS OF SDMC CHAPTER 13.36

REGARDING COMMUNITY TREES
WHEREAS, San Dimas Municipal Code (“SDMC”) Chapter 13.36 governs community tree management; and
WHEREAS, SDMC Section 13.36.020 defines “Community tree” as “any city-owned tree which is located within any public park, city right-of-way, median, parkway, planting easement, or on any other city-owned property”; and
WHEREAS, SDMC Section 13.36.060 delineates prohibited and unlawful activities and conditions pertaining to Community trees; and
WHEREAS, SDMC Section 13.36.070 outlines the penalties and violations for violating the City’s Community trees policies; and
WHEREAS, Community trees contribute to the beautification of the City, creating a welcoming environment for residents and visitors; and
WHEREAS, Community trees have the ability to reduce stress, improve overall health and development in children, and encourage physical activity, bolstering the health and welfare of the community; and
WHEREAS, at the July 25, 2023 City Council meeting, council members considered the need to increase administrative fines for egregious violations of Chapter 13.36; and WHEREAS, California Government Code Section 53069.4(a)(1) explicitly authorizes the City Council to enact an ordinance to make “any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty”; and WHEREAS, the City Council now wishes to amend SDMC Chapter 13.36 to define egregious violations and to increase the administrative fine for egregious violations of Chapter 13.36.

NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, County of Los Angeles, State of California does hereby ordain as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Section 13.36.020 (Definitions) of Chapter 13.36 of Title 13 of the San Dimas Municipal Code is hereby amended to add the following definition between “Easement” and “Heritage Tree”: (additions in bold and italics):
“13.36.020 Definitions.

Ordinance 1305 Page 2
Amending Sections 13.36.020 and 13.36.070
. . .
“Easement” or “right-of-way” means land owned by another over which the city has an easement or right-of-way for street and related purposes. “Egregious violation” means any willful or intentional violation of this Chapter involving a community tree located in a city park, in a city recreational facility, or in a city street median, that severely disfigures or severely injures the tree, is likely to cause the death of the tree, or actually causes the death of the tree. “Heritage tree” is a community tree which by virtue of its species, size, age, appearance or historical interest has been found by the city council to be of importance to the community.

The parks and recreation department shall retain a detailed inventory of all heritage trees. . . .”
SECTION 3. Section 13.36.070 (Penalties and liabilities for violations of this chapter.) of Chapter 13.36 of Title 13 of the San Dimas Municipal Code is hereby amended to read as follows (deletions marked in strikethrough, additions in bold and italics):
“13.36.070 Penalties and liabilities for violations of this chapter.

A. Any person who violates any provision of this chapter is guilty of a misdemeanor, unless the prosecuting attorney charges the offense as an infraction.

B. Any egregious violation of this Chapter shall be subject to an administrative civil penalty under Chapter 1.06 in an amount set by resolution of the City Council per tree and per day of the violation, which may exceed the administrative civil penalty amount established by Section 1.06.020.

C B. Responsible persons shall be jointly and severally liable to the city for the appraised value of each community tree that is removed in violation of this chapter, as well as for each damaged or injured community tree that the director determines will not regain its complete health, appearance or life expectancy as a result of an action or inaction that constitutes a violation of this chapter.

D C. Responsible persons who unlawfully remove an entire community tree, or who partially remove, damage or injure a community tree in violation of this chapter, which the director determines must then be entirely removed, shall also mitigate the loss of such tree to the community forest as follows:

1. Heritage trees shall be replaced at a ratio of four to one, either on the site of their removal or in other public areas in the city as determined by the director.

2. Other community trees shall be replaced at a ratio of two to one, either on the site of their removal or in other publicly owned or dedicated areas in the city as determined by the director.

Ordinance 1305 Page 3
Amending Sections 13.36.020 and 13.36.070

3. Responsible persons shall be jointly and severally liable to the city for the removal costs and disposal charges or fees in connection with any damaged community tree. These include, but are not limited to, the costs and expenses that the city incurs when city personnel are used, or those fees and expenses that a contractor charges the city for its services. When a contractor removes and disposes of a tree, the responsible persons, shall also be jointly and severally liable to the city for staff time of city personnel in overseeing this project.

4. Tree replacement size shall be determined based upon tree valuation per Section 13.36.040 of this chapter. Responsible persons shall be jointly and severally liable for the city’s purchase and delivery of such trees to the selected locations, as well as for the cost of their installation.

5. If the director elects to not designate a replacement location, the responsible person shall nevertheless be jointly and severally liable for the city’s present cost of replacement trees, which funds, when received, shall be placed in a community tree fund and utilized for community tree planting projects in the city.

6. The responsible persons shall tender full payment for the liabilities described in subsections B and C of this section to the city within ten calendar days of the date the parks and recreation department issues a written request for payment by first class mail to the person. The city’s receipt of full payment of such liabilities from one responsible person shall inure to the benefit of any other responsible persons. The city may collect unpaid sums in any manner allowed by law.

E D. The liabilities set forth in this section shall be in addition to any other fines, damages or other sanctions that may be imposed on a responsible person pursuant to California Civil Code Section 3346 or other applicable state law.

F E. The penalties and consequences provided for in this section are cumulative and not exclusive.

SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

SECTION 5. CEQA DETERMINATION. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment. Thus, the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 6. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage.

Ordinance 1305 Page 4
Amending Sections 13.36.020 and 13.36.070
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 27th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Emmett Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1305 was introduced at a regular meeting of the City Council of the City of San Dimas on the 13th day of February, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 27th day of February, 2024. ___________________________
Debra Black, City Clerk

ATTACHMENT 2
RESOLUTION 2024-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

COUNTY OF LOS ANGELES, ESTABLISHING AN ADMINISTRATIVE FINE AMOUNT FOR EGREGIOUS VIOLATIONS OF CHAPTER 13.36 (COMMUNITY TREE

MANAGEMENT) OF THE CITY OF SAN DIMAS MUNICIPAL CODE, AND ADDING THE FINE TO THE CITY’S SCHEDULE OF FEES AND CHARGES
WHEREAS, Section 13.36.070(B) of the City of San Dimas Municipal Code (“SDMC”) provides that the administrative fine imposed pursuant to SDMC Chapter 1.06 for egregious violations, as defined, of Chapter 13.36 relating to community trees shall be subject to an administrative fine as set forth by resolution of the City Council; and WHEREAS, the City Council desires to establish the administrative fine amount for egregious violations, as defined, of SDMC Chapter 13.36 relating to Community Trees; and WHEREAS, the establishment of such fines is necessary to preserve the health, safety, and welfare of City residents and to deter specific violations of the municipal code.

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

SECTION 1. Recitals. The above recitals are true and correct and incorporated herein by this reference.

SECTION 2. Establishment of Administrative Fine. Pursuant to SDMC section

13.36.070(B), the administrative civil penalty for any egregious violation of SDMC Chapter 13.36 shall be $1000 per tree and per day of violation.

SECTION 3. Amendment of Fee Schedule. The City’s Schedule of Fees and Charges adopted by Resolution 2023-46 is hereby amended to include the administrative fine established in Section 2 above, as shown in Exhibit A hereto.

SECTION 3. Severability. If any subsection, sentence, clause, phrase, or word of this Resolution or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Resolution.

SECTION 4. Effective Date. This Resolution shall be effective immediately upon the effective date of Ordinance 1305. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED this 13th day of February, 2024. ____________________________________
Emmett G. Badar, Mayor

Resolution 2024-10 Page 2
Establishing Administrative Fine
February 13, 2024
ATTEST:
_______________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-10 was adopted by the City Council of San Dimas at its regular meeting of February 13, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Debra Black, City Clerk

Resolution 2024-10 Page 3
Establishing Administrative Fine
February 13, 2024

EXHIBIT A

MASTER FEE SCHEDULE

ADMINISTRATIVE FINES
Department Category Item
No.

Fee
Schedule
Title
Fee Item
Description
Authority Resolution Inflator Adopted Notes Updated
Administration Category
III
AD1.09Administrative
Fine for
Municipal
Code
Violation
Egregious
Community
Tree
Violation
SDMC

13.36.070(B)
2024-10 N/A $1,000.00 Per
violation,
per tree
xx/xx/2024

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of February 13, 2024
From: Jeff Malawy, City Attorney
Subject: Approval of the First Amendment to the Amended and Restated City Manager Employment Agreement with Chris Constantin and Adoption of Resolution 2024-12 Updating the City’s Pay Plan and Reimbursement Schedule; Approval of Related Budget Amendments
____________________________________________________________________________

SUMMARY
Approval of the attached First Amendment to the Amended and Restated City Manager Employment Agreement would make two changes to the City Manager’s employment agreement: a 5% salary increase and the removal of cost-of-living adjustments that all other employees receive. The City’s Pay Plan Resolution is also proposed to be updated to reflect the new salary.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the First Amendment to the Amended and Restated City Manager Employment Agreement between the City and Chris Constantin.

2. Approve Resolution 2024-12 amending the Pay Plan and Reimbursement Schedule for City Employees.

3. Approve budget amendments to account for the approved contract adjustments since the beginning of the 2023-24 fiscal year.

FISCAL IMPACT
The financial impact of the proposed 5% increase will result in an annual salary increase of $13,774.56, as well as approximately $2,100 in increased annual employee benefit costs.

This contract amendment along with the contract that was adopted on July 25th, 2023, requires a budget amendment increasing account number 001.4120.101.000 by $41,000 which represents the contract adjustments that have taken place since the beginning of the 2023-24 fiscal year.

Approval of First Amendment to the Amended and Restated City Manager Employment Agreement with Chris Constantin Page 2
For the Meeting of February 13, 2024
Additionally, increasing account number 001.4120.200.000 by $5,000 will also be required in order to capture the increase in benefits paid by the City.

BACKGROUND
On November 12, 2020, the City Council entered into the City Manager Employment Agreement between City and Chris Constantin (the “Original Agreement”). Mr. Constantin commenced work as the City’s City Manager on January 4, 2021. On August 10, 2021, the City Council approved the First Amendment to the Original Agreement. On July 25, 2023, the City Council approved an Amended and Restated City Manager Employment Agreement (the “Amended and Restated Agreement”), which made various changes to the Original Agreement, as amended.

The First Amendment to the Amended and Restated Agreement (the “First Amendment”) would make revisions to the City Manager’s compensation, as described in further detail below.

DISCUSSION/ANALYSIS
The First Amendment (Attachment 1) provides a 5% increase in the City Manager’s monthly salary, which is consistent with the percentage step increase a City employee hired prior to July 2021 would receive annually upon a satisfactory performance evaluation, up to the cap for the position, pursuant to the City’s Pay Plan resolution (Resolution 2023-65).

Additionally, the First Amendment would delete language providing the City Manager with automatic Cost of Living Adjustments (“COLA”) equivalent to the amount provided to all other City employees. Therefore, the City Manager will no longer automatically receive COLAs that all other employees receive.

In summary, the First Amendment makes the following changes to the Amended and Restated Agreement:

Section 2.1. Increase in monthly compensation from $22,957.67 to $24,105.55.

Section 2.4. Deletes language providing automatic COLA for the City Manager.

If the City Council approves the First Amendment, then it should also approve a resolution amending the City’s Pay Plan and Reimbursement Schedule for City Employees to reflect the new annual salary for the position of City Manager. (The most recent Pay Plan resolution, Resolution 2023-65, was adopted on October 24, 2023.) A resolution including these updates is provided for the City Council’s consideration as Attachment 2.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,

Approval of First Amendment to the Amended and Restated City Manager Employment Agreement with Chris Constantin Page 3
For the Meeting of February 13, 2024
Jeff Malawy
City Attorney
Attachments:

1. First Amendment to Amended and Restated City Manager Employment Agreement

2. Resolution 2024-12 Pay Plan Reimbursement Schedule

ATTACHMENT 1

FIRST AMENDMENT

TO THE AMENDED AND RESTATED CITY MANAGER EMPLOYMENT

AGREEMENT BETWEEN CITY OF SAN DIMAS AND CHRIS CONSTANTIN This FIRST AMENDMENT TO THE AMENDED AND RESTATED CITY MANAGER

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN DIMAS AND CHRIS CONSTANTIN (the “First Amendment”) is made and entered into the 13th day of February, 2024. by and between the CITY OF SAN DIMAS (“City”), and CHRIS CONSTANTIN, an individual (hereinafter referred to as the “City Manager”).

R E C I T A L S
WHEREAS, on January 4, 2021, Chris Constantin commenced service as the City’s City Manager pursuant to the terms and conditions of the City of San Dimas City Manager Employment Agreement (the “Original Agreement”) entered into on November 12, 2020; and WHEREAS, on August 10, 2021, the City and City Manager entered into a First Amendment to the Original Agreement; and
WHEREAS, on July 25, 2023, the City and City Manager entered into the Amended and Restated City Manager Employment Agreement (the “Amended and Restated Agreement”); and WHEREAS, the City and City Manager now desire to amend the Amended and Restated Agreement by this First Amendment to (i) reflect a 5% increase in the City Manger’s salary; and (ii) delete language automatically providing to the City Manager any Cost of Living Adjustments (“COLA”) afforded to all other City employees by resolution of the City Council.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and City Manager hereby agree as follows:

A G R E E M E N T
SECTION 1. The above recitals are incorporated by reference as if set forth in full herein.

SECTION 2. The first paragraph of Section 2.1 of the Amended and Restated Agreement is amended to read as follows (deleted text is indicated in strikethrough & added text in bold and italics):
“2.1 Monthly Compensation. Effective the first full pay period following approval of the First Amendment, City agrees to compensate City Manager for services rendered hereunder at a monthly salary of Twenty-two-Thousand-ninehundred-fifty-seven Dollars and Sixty-seven Cents ($22,957.67) effective the first pay after execution of this Agreement Twenty-Four Thousand One Hundred Five Dollars and Fifty-Five Cents ($24,105.55). Such salary shall be payable in installments at the same time as other employees of City are paid. City Manager shall pay his contribution to FICA.”

01171.0004/959064.3
SECTION 3. Section 2.4 of the Amended and Restated Agreement is deleted in its entirety as follows (deleted text is indicated in strikethrough):
“2.4 Cost of Living Adjustments. Consistent with the intent of Section 6.11, the City Manager shall be provided a cost of living adjustment (“COLA”) equal to any COLAs afforded to all other City employees by resolution of the City Council, to be effective the same date as such COLAs are provided to all other City employees.”
SECTION 4. Except as expressly amended by this First Amendment, the underlying terms, conditions, and compensation of City Manager by City as and for his employment as city manager shall be as set forth in the Amended and Restated Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year written below.

CITY OF SAN DIMAS
_____________________________
ATTEST: Emmett G. Badar, Mayor
Dated:_________________________
__________________________________
Debra Black, City Clerk
APPROVED AS TO FORM:
__________________________________
Jeff Malawy, City Attorney

CHRIS CONSTANTIN
______________________________
Chris Constantin, City Manager
Dated:_________________________
[END OF SIGNATURES]

ATTACHMENT 2
RESOLUTION 2024-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

COUNTY OF LOS ANGELES, ADOPTING AND EXTENDING THE PAY PLAN AND

REIMBURSEMENT SCHEDULE FOR CITY EMPLOYEES
NOW, THEREFORE, the City Council of the City of San Dimas does hereby resolve as follows:

SECTION 1. SALARY PLAN
Effective February 13, 2024, Resolution 2023-65 shall be amended, and the following salary plan shall supersede all previous plans, to read as follows:

All Full Time and Hourly Classification employees, with the exception of the City Manager who is on a contracted salary rate, will be separated into two tiers of salary tables based on the employees’ hire or re-hire date, whichever is the latter, being prior to, on or after July 1, 2021. • Tier 1 - 5 step schedule with approximately five percent (5%) increases in -between each step for active employees with a hire date prior to July 1, 2021. • Tier 2 - with a hire or re-hire date, on or after July 1, 2021, shall be placed on a nine-step salary schedule with increases of approximately two and a half percent (2.5%) in-between each step.

Elected Officials RANGE MONTHLY
SALARY
City Mayor 30 830
City Councilmember 29 620

FULL TIME CLASSIFICATIONS

MONTHLY
Executive Staff RANGE SALARY
City Manager Contracted 24,106
Assistant City Manager
Director of Administrative Services/Treasurer
104
100
14,616 – 17,766
13,241 – 16,095
Director of Community Development 100 13,241 – 16,095
Director of Parks & Recreation 100 13,241 – 16,095
Director of Public Works 100 13,241 – 16,095
Administrative Services
City Clerk 84 8,920 - 10,842
Information Systems Manager 83 8,702 - 10,577
Human Resources Manager 89 10,092 - 12,267
Accounting Supervisor
Information Systems/GIS Administrative Analyst
76 71
7,321 - 8,898
6,604 - 8,027
Human Resources Analyst
Accounting Technician
67 57
5,983 - 7,272
4,674 - 5,681
City Clerk Specialist 53 4,234 – 5,146

Resolution 2024-12 Page 2
Pay Plan and Reimbursement Schedule
February 13, 2024
Community Development
Planning Manager
Building & Safety Manager
89 89
10,092 - 12,267
10,092 - 12,267
Housing Manager
Senior Planner
85 80
9,143 - 11,113
8,081 - 9,822
Senior Building Inspector 79 7,884 - 9,583
Building Inspector/Plans Examiner 75 7,142 - 8,681
Associate Planner
Building Inspector I
Code Compliance Supervisor
73 71
71 6,938 - 8,433
6,604 - 8,027
6,604 - 8,027
Senior Code Compliance Officer
Assistant Planner
69 67
6,285 - 7,640
5,983 - 7,272
Housing Services Coordinator 66 5,837 – 7,094
Code Compliance Officer 63 5,420 - 6,588
Building Permit Technician II
Building Permit Technician
63 59
5,420 - 6,588
4,910 - 5,968
Public Works
Engineering Manager 89 10,092 - 12,267
Public Works Maintenance Manager 85 9,143 - 11,113
Associate Engineer 80 8,081 - 9,822
Assistant Engineer 74 7,111 - 8,644
Public Works Inspector
Public Works Maintenance Supervisor
71 71
6,604 - 8,027
6,604 - 8,027
Equipment Operator 59 4,910 - 5,968
Equipment Mechanic 58 4,790 - 5,823
Street Maintenance Worker II
Street Maintenance Worker I
59 55
4,910 - 5,968
4,448 - 5,407
Parks and Recreation
Recreation Manager 85 9,143 - 11,113
Facilities Manager 85 9,143 - 11,113
Landscape Maintenance Manager 85 9,143 - 11,113
Facilities Maintenance Supervisor
Municipal Arborist
Landscape Maintenance Supervisor
73 71
71 6,938 - 8,433
6,604 - 8,027
6,604 - 8,027
Recreation Supervisor 71 6,604 - 8,027
Recreation Coordinator 63 5,420 – 6,588
Facilities Maintenance Worker II
Facilities Maintenance Worker I
59 55
4,910 - 5,968
4,448 - 5,407
Landscape Maintenance Worker II
Landscape Maintenance Worker I
59 55
4,910 - 5,968
4,448 - 5,407
Interdepartmental
Senior Management Analyst 75 7,142 - 8,681
Management Analyst 67 5,983 - 7,272
Management Aide 63 5,420 – 6,588
Office Coordinator 57 4,674 - 5,681
Administrative Secretary 57 4,674 - 5,681
Departmental Assistant 53 4,234 – 5,146

Resolution 2024-12 Page 3
Pay Plan and Reimbursement Schedule
February 13, 2024

HOURLY CLASSIFICATIONS RANGE HOURLY RATE
Administration Services
Management Analyst – PT 158 33.39 -40.65
Parks and Recreation
Fitness Instructor 151 28.36 - 34.53
Supervising Lifeguard 146 24.83 - 30.23
Shooting Stars Director 142 22.49 - 27.39
Senior Lifeguard/Instructor 139 20.89 - 25.43
Recreation Specialist 135 18.92 - 23.04
Water Safety Instructor 135 18.92 - 23.04
Lifeguard 133 18.01 - 21.93
Senior Recreation Leader 133 18.01 - 21.93
Cashier 131 17.14 - 20.87
Recreation Leader 129 16.32 - 19.87
Building Maintenance Aide 129 16.32 - 19.87
Development Services
Parking Enforcement Officer II
Parking Enforcement Officer
155
152

31.00 - 37.76

28.79 - 35.06
Planning Intern
Housing Intern
142
142

22.49 - 27.39

22.49 - 27.39
Public Works
Engineering Intern 142 22.49 - 27.39
SECTION 2. PUBLIC EMPLOYEES RETIREMENT SYSTEM
In August 1999 the City amended the PERS contract to the 2% @ 55 formula with the provision that if the Employer's rate is re-instated at some future time the employees would contribute a portion of their gross salary towards the cost of the enhanced retirement plan.

As of June 22, 2014, employees shall contribute the full 7% employee portion for PERS contribution. (Resolution No. 2013-38)
The City will pay to the Public Employees Retirement System a maximum of seven percent (7%) of the employee’s base compensation for their share of the retirement contribution, as required by Section 20683 of the Government Code; which sum shall be equivalent to the percentage required by law to be paid by miscellaneous employee members thereof. All full-time employees shall be enrolled in PERS upon hire. Once employees are classified as Regular Part Time, they shall be enrolled in PERS.

All new Employees hired on or after January 1, 2013 and deemed to be a “new member” as defined in Government Code Section 7522.01, shall be enrolled in the California Public Employees’ Pension Reform Act (PEPRA) provided 2% at 62 retirement formula. New employees are responsible for paying 50% of the "normal cost" of the plan as annually calculated by PERS.

Resolution 2024-12 Page 4
Pay Plan and Reimbursement Schedule
February 13, 2024
SECTION 3. ALTERNATIVE RETIREMENT PLAN
Effective July 1, 1991, the City has implemented an alternate retirement system for part time hourly and seasonal employees in lieu of social security. Effective on July 1, 1991, the City Manager is authorized to implement mandatory payroll deductions for part-time employees’ wages in an amount of 6.2% of earnings. City paid contributions of 1.3% of earnings shall be authorized as an employer contribution to a retirement system for part-time employees. All such payroll deductions and employer contributions shall be deposited by the City into a deferred compensation retirement plan. (Resolution No. 91-52)
SECTION 4. HEALTH INSURANCE AND OPTIONAL BENEFITS PLAN
Every eligible full-time or regular part time employee receiving City benefits must be covered by a health insurance plan approved by the City except as provided below. The City will contribute $100 per month, as of July 1, 1996, per eligible employee for the approved health care plan of the employee's choice. Effective with the pay period that begins November 15, 2020, the City shall contribute an additional $1,445 per month per eligible full-time employee and $673 per month per eligible regular part time employee, to an Optional Benefit Plan which the employee may receive as cash or may elect to use for medical, dental, vision insurance, or other such benefits as may be approved by the City Manager, as of September 24, 2019. To qualify to waive medical coverage with the City of San Dimas, the employee must show proof of coverage in a group health plan such as with a spouse's employer and other than the individual market place, whether obtained through Covered California, another market place established under Health Reform or outside market places established under Health Reform. Proof of other group coverage must be submitted each year at open enrollment. This plan is maintained for the exclusive benefit of employees and their dependents and is established with the intention of being maintained for an indefinite period of time.

Optional Benefit Plan
Each full-time employee and regular part time employee shall receive an Optional Benefit Plan allocation as determined by the City Council on the approved Pay Plan and Reimbursement Schedule. One hundred dollars ($100) of the Optional Benefit Plan amount is designated for health insurance; the remainder is to be applied to available benefits. If deemed necessary the City may change insurance providers for the employees. Full time and regular part time employees who are covered by a health plan not sponsored by the City and who; therefore, do not use the City’s $100 contribution for health care coverage shall have the $100 added to their Optional Benefits Plan. The Optional Benefit Plan amount may be increased or decreased upon approval of Administration and City Council. The Optional Benefit money is not taxed if used for deferred compensation, health, dental, and vision insurance. If the employee chooses to receive all or part of their Optional Benefit Plan money in cash, the money is subject to all taxes as required by law. The Optional Benefit Plan may be spent on benefits of the employee’s choice from the following options:

Health Insurance
The City contracts with the Public Employees’ Retirement System (PERS) for health insurance. Employees who do not wish to be covered must submit proof of coverage under a spouse’s plan or other plan and sign an affidavit stating employee has sufficient coverage from an outside source. Employees are eligible to change plans annually during the designated open enrollment period.

Resolution 2024-12 Page 5
Pay Plan and Reimbursement Schedule
February 13, 2024
Dental Insurance
The City contracts with Delta Dental to provide optional dental coverage to full-time and regular part-time employees. Delta Dental offers an indemnity plan and a prepaid plan to choose from.

Vision Insurance
The City contracts with Vision Services Plan to provide primary vision coverage to all eligible employees.

Deferred Comp
As determined by the IRS, employees may defer annual earnings up to a maximum amount. This “deferred compensation” contribution means the money will not be taxed until you draw it out. IRS rules do not allow withdrawal until you terminate employment or in the event of an emergency. The IRS may increase the maximum amount allowed for deferral each calendar year.

Cash
Employees may choose to receive all or a portion of their remaining Optional Benefit Plan funds in cash. At that time the funds are taxable.

SECTION 5. LIFE INSURANCE AND LONG-TERM DISABILITY INSURANCE The City shall provide, at no cost to the employee, term life insurance in the amount of $50,000 to all full-time employees and eligible regular part-time employees.

Additionally, in lieu of the employees participating in the State Disability Insurance Program, the City shall provide long-term disability insurance for all full-time and eligible regular part-time employees, which benefits are equal to or exceed those provided under State Disability Insurance.

These insurance plans are maintained for the exclusive benefit of full-time and eligible regular part-time employees, and are established with the intention of being maintained for an indefinite period of time. The specific terms and conditions of said insurance plans should be determined and approved by the City Manager.

SECTION 6. DEFERRED COMPENSATION
To encourage employees to participate in the optional deferred compensation program the City offers a 457(b) and 401(a) defined contribution plan. The City shall provide a matching contribution into the 401(a) plan up to a maximum amount shown below:

FT EEs
November 15, 2020
Regular PT EEs
November 15, 2020
$250.00 per month maximum match $125 per month maximum match The deferred compensation matching program is maintained for the exclusive benefit of full time and regular part time employees and is established with the intention of being maintained for an indefinite period of time. The specific terms and conditions of the program shall be determined and approved by the City Manager.

Resolution 2024-12 Page 6
Pay Plan and Reimbursement Schedule
February 13, 2024
SECTION 7. OVERTIME COMPENSATION
It shall be the duty of the City Manager and/or their designee to conduct the City’s business with a minimum amount of overtime. Overtime shall not be accrued under normal operating conditions.

The City Manager, their designee, or appropriate Department Director and/or manager may grant the payment of overtime compensation to employees only under unusual circumstances and only when such payment is deemed to be in the best interests of the City.

A non-exempt employee shall have the choice to receive overtime pay at the rate of one and onehalf (1-1/2) times their regular rate, or compensatory time off equal to one and one- half (1-1/2) times the overtime worked for each hour over 40 hours in any work week. Such compensatory time shall be taken at the convenience of the department with the approval of the Department Director and in accordance with the City’s Compensatory Time Policy. Only regular hours worked and City designated holidays will be included for purposes of overtime calculation. (Res. No. 76- 60, July 27, 1976) (Res. No. 86-26, April 20, 1986)
SECTION 8. STAND BY/ON-CALL COMPENSATION
Standby duty is when qualified field personnel are designated to be on-call and prepared to respond to emergency calls for service after normal work hours, on weekends, and during holidays. Standby assignment shall apply to those employees whose residence is close enough to San Dimas to permit them to respond to a call in 45 minutes or less. The standby employee will be assigned a city issued cellular telephone that shall be carried at all times while on stand-by duty.

While on standby duty, employees are required to do the following:
• Be available by a City issued cellular telephone.
• Report to work within thirty minutes after notification. • Refrain from activities which may impair the employee’s ability to perform their duties. • Respond to emergency situations based on a 24 hour/7-day week rotational system.

Standby duty shall be for a one-week period, commencing and concluding on Wednesdays.

GUIDELINES
The Director of Public Works or the Director of Parks and Recreation will determine if an employee is qualified to perform standby duty. A standby eligibility list will be established. A six-month standby rotation will be established with a minimum of four (4) employees for the standby eligibility list. The employee assigned standby duty will cover all holidays that fall within the scheduled week. The following criteria is used in determining which employees are eligible to be placed on standby duty:
• Judgment and ability to make sound decisions. Ability to safely evaluate a situation and determine if a supervisor should be notified.
• Knowledge and ability to perform required tasks based upon cross training. • Experience and familiarization with City systems and operations. • No excessive unexcused sick usage.

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Safety should be a primary concern at all times. The standby employee is responsible for accessing the situation and determining if additional resources are needed. A designated supervisor shall be notified when back-up personnel are requested or when situations need further evaluation.

Standby hours will be compensated at the employee’s straight time hourly rate. An employee on standby duty shall be compensated for two hours per day of the employee’s hourly pay rate for each day on call on Monday through Friday. An employee on standby duty shall be compensated for two hours per day of the employee’s hourly pay rate for each day on call on weekends (Saturday and Sunday) and three hours during any city approved holiday(s).

Employees assigned to standby duty must receive proper authorization by a supervisor to switch assigned standby duty with another employee who is eligible for standby duty.

Employees are not eligible for standby duty until they have completed their probationary period with a satisfactory evaluation. Any employee denied the opportunity to participate in standby duty will be informed in writing of the reasons for the exclusion; the employee may apply for reconsideration after six months.

Employees will not be eligible for standby duty pay if the employee leaves work sooner than two hours prior to the end of the work day, does not attend work because of an illness, or is on leave status. An employee will be eligible to resume standby duty after the employee returns to regular duty.

The City may revoke standby pay and take appropriate disciplinary action if the employee on standby assignment does not respond within the required 30-minute response time when notified of the initial situation.

Supervisors, who have exempt status under the Fair Labor Standards Act (FLSA) guidelines, are not eligible for paid standby compensation.

Call-Back Duty is defined as when an employee, whether or not on standby duty, is called in to work after their normal work hours or on a weekend or holiday. These employees shall be compensated for a two-hour minimum at a pay rate of time and a half. The time starts when the employee responds to the request. All time in excess of the two-hour call-out minimum will be compensated at time and a half for the actual number of hours worked.

Multiple call outs will not be considered as separate call outs if they occur within the same twohour minimum compensation period.

Standby workweek schedules shall be posted by the departments at the end of each month and shall cover an eight-week period.

In the interest of employee safety, a Supervisor at their discretion may alter the standby or regular schedule of an employee who has worked an extraordinary amount of call out hours within a given standby shift.

DUTIES
The standby employee may be contacted by Sheriff’s Department, Fire Department, or other

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departments or agencies to respond to any after hour emergencies in the City. Employee is to obtain as much information via phone as to the details and extent of the emergency.

Employee must assess the situation and respond accordingly:

1. Respond to the emergency and take necessary steps to remedy the situation.

2. If the emergency is the responsibility of other agencies (traffic signal, Water Company, etc.), employee must contact and coordinate remedy of the situation with that agency. An emergency contact list and decision tree will be provided.

3. If employee needs further guidance as to how to handle the situation or needs additional employee resources, the employee must contact the pre-designated on- call supervisor.

4. Maintain a log of time spent responding to the request and actions taken.

SECTION 9. EMERGENCY COMPENSATION
An employee who is off duty and who has been recalled to duty or has been required to remain on duty in excess of their regular hours of employment as the result of a bona fide need of the City, shall have the option of either receiving salary or compensatory time off at the convenience of the department, at the rate of one and one-half (1-1/2) times the emergency time worked. The employee that has been recalled to duty will be guaranteed a minimum of two (2) hours pay or compensatory time off, at the rate of one and one-half (1-1/2) times or 3 hours. Prescheduled overtime is paid at 1 ½ times the pay rate or compensatory time off at the employee’s preference.

A bona fide need of the City shall be determined by the Department Director and subject to approval of the City Manager.

SECTION 10. LONGEVITY SERVICE INCENTIVE
Full Time Classification employees with five (5) years or more of continuous service with the City of San Dimas are eligible to receive Longevity/Service Incentive Pay on a bi-weekly basis as follows:

Completed Years of Continuous Service % of annual salary on bi-weekly basis 5-9 years 2.5%
10-14 years 5%
15-19 years 7.5%
20+ years 10%
SECTION 11. SERVICE AWARDS AND RECOGNITION EVENT
Each calendar year, a recognition event will be organized for employees who have reached years of service milestones. The event will be held by the City to honor the commitment and dedication to providing a quality level of service to the City of San Dimas. Qualifying employees will receive the following one-time recognition awards:

Years of Service Service Pin Taxable Monetary Award
1 1 Year of Service Pin $0.00
5 5 Years of Service Pin & Base $150.00
10 10 Years of Service Pin $200.00

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15 15 Years of Service Pin $250.00
20 20 Years of Service Pin $300.00
25 25 Years of Service Pin $750.00
30 30 Years of Service Pin $800.00
35 35 Years of Service Pin $850.00
40 40 Years of Service Pin $900.00
SECTION 12. EMPLOYEE AWARDS FOR EXCEPTIONAL SERVICE
Each calendar year full time and regular part time employees who have demonstrated outstanding service to the Community though extraordinary efforts and work product during the year may be recognized through awards which will include taxable monetary compensation up to $500, as determined by the City Manager.

In addition to the annual awards, when staff performs duties that are above and beyond their expected level of service, the City Manager with recommendation of the Department Directors may determine that such level of service warrants a taxable award in an amount not to exceed $50 per award.

SECTION 13. ACTING PAY
Where an employee has been trained to assume the position of another in a higher range and will be performing in that position for more than 40 consecutive hours and it is not under the normal scope of duties to assume the position, the employee may be granted a temporary 5% salary increase retroactive to the day they began serving in the position. At the discretion of the City Manager, a higher temporary increase may be granted based on specific circumstances.

Acting pay shall only be granted upon the recommendation of the Supervisor and Department Director and with the approval of the City Manager.

SECTION 14. NOTARY PUBLIC PAY
The City has needs of the service of a certified Notary Public to notarize City documents. An employee who has been designated by the City Manager to utilize their Notary Public Commission for this purpose shall receive a monthly stipend of $75.00 per month.

SECTION 15. UNIFORMS
The City shall provide and pay for the maintenance of official City work uniforms for employees in all generally accepted “field” classifications. Each employee designated by the City Manager to wear an official City work uniform shall be required to wear the complete uniform at all times while on duty with the City.

Upon separation of employment, the employee shall turn in all uniforms and other items issued.

SECTION 16. SAFETY FOOTWEAR AND ALLOWANCE
The City of San Dimas will provide a new pair of safety shoes to a maximum cost of $200.00 for each employee determined to be exposed to Risk Level 1 or Risk Level 2, foot hazards as identified in the Safety Footwear Policy and approved by the City Manager. Except in unusual circumstances, safety shoes will not be purchased for an employee more frequently than once every 6 months.

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SECTION 17. ADMINISTRATIVE LEAVE
Administrative Leave shall be granted to certain management personnel that are exempt from overtime compensation under Fair Labor Standards Act guidelines. The specific terms and conditions of the program shall be determined and approved by the City Manager in accordance with City policy.

SECTION 18. TUITION REIMBURSEMENT
All regular full-time employees who have passed an initial probation shall be eligible for the Tuition Reimbursement Program. The courses of study or specialized training taken at an Accredited College or University, shall be directly related to the employee’s current occupation or for preparing for future promotions within the City, subject to the provisions below.

To qualify for tuition reimbursement, a Tuition Reimbursement form must be submitted and preapproved by the employee’s Department Director and Human Resources before the courses begin.

The Tuition Reimbursement program will operate on a calendar year basis and shall be subject to the availability of funds as determined by the City. Employees may be reimbursed up to $2,000 per calendar year. Payments are made with the 15th and 30th warrant registers of the month.

All course work must be completed while employed by the City of San Dimas with a passing grade of “C” or equivalent when numerical score or pass/fail grade is given. If the employee either does not receive a “C” or better or for any reason does not finish the class, the reimbursement shall not be paid.

Any employee who shall voluntarily retire or separate employment or be terminated for disciplinary cause within one year from the completion of the class or classes shall refund all tuition paid under this provision for those specific classes unless they were required to attend by the appointing power.

The City reserves the right to investigate any school and approve or deny it for reimbursement if such action appears warranted. Courses must be taken at an accredited education institution, which is defined as any college or university which has been accredited by a recognized government or professional accrediting body (as determined by the City). Additionally, the City reserves the right to deny any course(s), specialized training or degree programs determined by the City Manager to be non-job related.

The City Manager or designated training officer is authorized to prescribe other limitations with respect to the time which may be spent by an employee in training and the amount of tuition reimbursement allowed per employee each year. The City Manager or designated training officer may waive any or all of the restrictions in this section.

SECTION 19. CAR ALLOWANCE
The following positions shall receive a monthly allowance for car expenses:

POSITION MONTHLY ALLOWANCE
City Manager $600.00
Assistant City Manager $300.00

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Director of Administrative Services/Treasurer $300.00
Director of Parks & Recreation $300.00
Director of Public Works $300.00
Director of Community Development $300.00
Building & Safety Manager $300.00
Recreation Manager $250.00
Engineering Manager $250.00
Associate Engineer $250.00
Facilities Manager $250.00
Planning Manager $250.00
Senior Planner $250.00
Associate Planner $250.00
Assistant Planner $250.00
Housing Manager $250.00
Human Resources Manager $250.00
Recreation Supervisor $250.00
Senior Management Analyst $250.00
SECTION 20. CELL PHONE/DATA ALLOWANCE
The following positions shall be eligible to receive a monthly allowance for personal cell phone expenses and data charges as listed pursuant to the provisions of the City Cell Phone Policy:

POSITION Cell Phone Data Charges
City Manager $150.00
Assistant City Manager $40.00 $45.00
Director of Administrative Services/Treasurer $40.00 $45.00 Director of Parks & Recreation $40.00 $45.00
Director of Public Works $40.00 $45.00
Director of Community Development $40.00 $45.00
Information Systems Manager $40.00 $45.00
Building & Safety Manager $30.00 N/A
Recreation Manager $30.00 N/A
Engineering Manager $30.00 N/A
Facilities Manager $30.00 N/A
Senior Planner $30.00 N/A
Recreation Supervisor $30.00 N/A
Recreation Coordinator $30.00 NIA
Planning Manager $30.00 N/A
SECTION 21. TIME OFF FOR SDEA BOARD
Members of the San Dimas Employees’ Association Board shall be entitled to utilize four hours per month with pay to engage in activities directly related to management of the SDEA. (Amended per Resolution 89-54, 6/13/89)

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SECTION 22. PAYROLL DEDUCTIONS
On each bi-weekly payroll and in such form as the Administrative Services Director may determine, the Finance division is authorized and directed to deduct and withhold from the salary paid to each officer or employee of the City:

A. The minimum amount required by Federal Law for income tax purposes and to make payment thereof to the United States as required by law.

B. The minimum amount required by State Law for income tax purposes and to make payment to the State of California as required by law (Res. No. 76-57, July 13, 1976).

Any officers or employees may authorize the Administrative Services Director or designated staff to make deductions from their salaries to be paid to: 1) the carrier(s) of the City’s health insurance program(s); 2) a charitable organization; 3) a financial institution, such as a credit union; 4) any other legitimate organization of the employees’ collective choice. When so authorized by the employees, the Administrative Services Director or designated staff may make such deductions from the employees’ salaries and pay the amounts designated to the appropriate organization.

PASSED, APPROVED AND ADOPTED this 13th day of February, 2024.

Emmett G. Badar, Mayor
ATTEST:

Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-12 was adopted by the City Council of San Dimas at its regular meeting of February 13, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of February 13, 2024
From: Jeff Malawy, City Attorney
Subject: Consideration of Adjustment to Salaries for Members of the City Council and the Mayor; Introduction of Ordinance 1304 Amending San Dimas Municipal Code (SDMC) Chapters 2.04 and 2.06 to Adjust Mayor and City Councilmember Salaries
____________________________________________________________________________

SUMMARY
State law establishes allowable city councilmember salaries based on city population. San Dimas City Council and Mayor salaries were last adjusted in 2009 and are currently $620/month for city councilmembers and $830/month for the mayor. Senate Bill 329 was recently adopted to increase allowable city council and mayor salary amounts, to account for inflation and support income diversity on city councils. The San Dimas City Council may, if desired, increase the salary for city councilmembers up to a maximum of $1,054/month, and may approve an additional amount for the mayor.

RECOMMENDATION
Staff recommends the City Council review the salaries of the City Council and the Mayor and:

1. If desired, determine the salary levels to include in the proposed ordinance for the City Council and the Mayor.

2. Introduce Ordinance 1304.

FISCAL IMPACT
The fiscal impact is dependent on City Council action.

BACKGROUND
Government Code section 36516 establishes a schedule of permissible salary levels for city councilmembers of general law cities like San Dimas.

Introduction of Ordinance 1304 Amending San Dimas Municipal Code (SDMC) Chapters 2.04 and 2.06 to Adjust Mayor and City Councilmember Salaries Page 2 For the Meeting of February 13, 2024
Prior Law
Prior to SB 329, Government Code 36516 authorized a general law city to enact an ordinance to provide each member of the city council with a salary based on the population of the city:

Population Monthly Salary
Up to 35,000 $300
35,001 - 50,000 $400
50,001 – 75,000 $500
75,001 – 150,000 $600
150,001 – 250,000 $800
Over 250,000 $1,000
The city council can adopt ordinances increasing salaries to levels above those amounts, but the amount of each increase cannot exceed 5% of the existing council salary multiplied by the number of calendar years since the council’s last salary adjustment.

A directly elected mayor can be provided an extra amount of compensation in addition to the compensation he or she receives as a city councilmember. (Gov. Code 36516.1.) San Dimas adopted a salary for councilmembers based on the above table in January 1986, and has adopted increases since then, the latest of which took effect in 2009. The current monthly salary in San Dimas for city councilmembers is $620 and for the mayor is $830.

New Law – SB 329
SB 329 is the first update to the table above since 1984. SB 329 is intended to update allowable salaries to account for inflation and to support income diversity in city councils. Increased compensation can help individuals from across different income levels receive sufficient income to allow them to serve on the city council.

SB 329 increases the amounts in the table, as follows:

Population Monthly Salary
Up to 35,000 $950
35,001 – 50,000 $1,275
50,001 – 75,000 $1,600
75,001 – 150,000 $1,900
150,001 – 250,000 $2,550
Over 250,000 $3,200
SB 329 allows city councils to increase salaries to levels above those in the table. An increase shall not exceed the greater of the following two amounts:
• 5% of the existing council salary multiplied by the number of calendar years since the council’s last salary adjustment.
• The amount of inflation since January 1, 2024, based on the California Consumer Price Index. The inflation-based increase is capped at 10% for each calendar year.

Introduction of Ordinance 1304 Amending San Dimas Municipal Code (SDMC) Chapters 2.04 and 2.06 to Adjust Mayor and City Councilmember Salaries Page 3 For the Meeting of February 13, 2024
A salary increase does not take effect until at least one member of the council commences a new term. (Gov. Code 36516.5; see 54 Ops Cal Atty Gen 112, 114 (1971).) In other words, a salary increase takes effect at the swearing in after the next municipal election.

DISCUSSION/ANALYSIS
Population is determined by the most recent census or Department of Finance estimate. (Gov Code 36516(a)(3).) The 2020 Census determined the population of San Dimas is 34,924. The most recent Department of Finance estimate (published in May 2023) is 34,079. With population under 35,000, San Dimas can adopt a new city council salary of up to $950 per month if the City Council wishes to simply use the new salary schedule under SB 329.

As an alternative, the City Council may make an adjustment using the language that has always existed in the statute (both before and after SB 329) that states the Council may increase salaries to a level above those in the table, as long as the increase does not exceed 5% of the existing city council salary times the number of calendar years since the council’s last salary adjustment. Five percent of the City Council’s current monthly salary is $31. The City Council’s last salary adjustment took effect in April 2009. Fourteen full calendar years have passed since then. Therefore, the maximum level to which the City Council could increase its salary is $1,054 per month. ($620 + (14 x $31))
The Council can also increase the Mayor’s salary to any additional amount it wishes.

In summary, the City Council may, if it desires, choose a new monthly salary amount up to a maximum of $1,054 per month, and may choose any additional amount for the Mayor’s salary.

Provided the ordinance is adopted at least 30 days prior to the swearing in ceremony after the March 5, 2024, election, the new salaries will take effect in April 2024.

Other Cities
A comparison of salary levels for nearby cities is provided below:

City Mayor Salary
(Per month)
Council Salary
(per month)
Population
San Dimas $830 $620 34,079
Glendora N/A (rotating mayor) $1,600 51,159
La Verne N/A (rotating mayor) $519 32,056
Covina N/A (rotating mayor) $400 50,350
*La Verne voted 5-0 to hear this item on February 5, 2024, proposing an increase to $950 per month.
*Covina City Council voting on $1,600 per month based on population at their February 6, 2024 meeting.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Introduction of Ordinance 1304 Amending San Dimas Municipal Code (SDMC) Chapters 2.04 and 2.06 to Adjust Mayor and City Councilmember Salaries Page 4 For the Meeting of February 13, 2024
Respectfully submitted,
Jeff Malawy
City Attorney
Attachments:

1. Ordinance 1304

ATTACHMENT 1
01171.0001/959250.1
ORDINANCE 1304

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SAN DIMAS MUNICIPAL CODE SECTIONS 2.04.030 AND 2.06.020 RELATING TO SALARIES OF

CITY COUNCILMEMBERS AND THE MAYOR
WHEREAS, California Government Code section 36516(a) allows a City Council to enact an ordinance providing for salaries for Council Members including the Mayor; and WHEREAS, California Government Code section 36516(a)(4) allows for increases in Council Member salary provided the increase is adopted by ordinance and the amount of additional compensation does not exceed an amount equal to 5% of the current salary for each calendar year from the date of the last adjustment; and WHEREAS, City of San Dimas (City) Council Member salaries were last adjusted by Ordinance No. 1180, which increased salaries for each Council Member, including the Mayor, to $620 per month, with an additional $210 per month for the Mayor, which took effect in April 2009; and
WHEREAS, Senate Bill 329 was adopted to reflect the important work performed by city councilmembers, to take into account the impacts of inflation and economic realities on those who serve as city councilmembers, to support income diversity on city councils because increased compensation can help individuals from across different income levels receive sufficient income to enable them to serve, and to encourage more persons to consider service as councilmembers by making the compensation more reflective of the time and work as an elected official; and
WHEREAS, there is a need for increased compensation on the San Dimas City Council in order to attract diverse and innovative persons to serve on future City Councils, to account for the impacts of inflation on existing City Council salary, to support income and economic diversity on the City Council, and to encourage more persons to serve by making the compensation more reflective of the time and work of an elected official; and WHEREAS, for the above reasons, the City Council now wishes to increase its salaries as provided by the California Government Code.

NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, County of Los Angeles, State of California does hereby ordain as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. San Dimas Municipal Code section 2.04.030 is hereby amended to read, in its entirety, as follows:
“2.04.030 Compensation of Councilmembers.

A. Purpose. The ordinance codified in this section is enacted pursuant to Section 36516 of the Government Code, authorizing the council to provide by ordinance that each

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City Council Salaries
member of the council shall receive a prescribed salary, the amount of which is based upon the population of the city as determined by the last preceding federal census or estimate validated by the State Department of Finance.

B. Population. As of the date of passage of the ordinance codified in this section, the latest estimate of population of the city of San Dimas made by the Department of Finance is thirty-four thousand seventy-nine.

C. Last Adjustment. Inasmuch as the last Councilmember salary adjustment was approved in 2008 and became effective in 2009, the salaries adopted herein are authorized pursuant to the authority of California Government Code Section 36516.

D. Salaries. Each member of the city council of the city shall receive, as salary, the sum of $_____________ dollars per month, which shall be payable from and after the operative date of this section at the same time and in the manner as the salaries are paid to other officers and employees of the city of San Dimas.

E. Reimbursement. The salaries prescribed in this section are and shall be exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by them in the performance of official duties for the city of San Dimas and other amounts as payment for retirement, health and welfare and other benefits as are paid for by the city for its employees.”
SECTION 3. San Dimas Municipal Code section 2.06.020 is hereby amended to read, in its entirety, as follows:
“2.06.020 General Provisions.

The elected mayor shall receive the same compensation as is received by other members of the city council with a supplemental compensation of $___________ dollars per month.

The relationship between the mayor and the city manager shall be as provided in the municipal code for the relationship between the city manager and members of the city council. Appointments to various commissions and/or committees of the city shall be upon the basis of three affirmative votes of members of the city council based on nominations from the members of the city council.”
SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect 30 days after its final passage. In accordance with Government Code Section 36516.5, the compensation established by this ordinance shall be payable on and after the date of commencement of a new term of office by one or more councilmembers.

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City Council Salaries
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 27th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1304 was introduced at a regular meeting of the City Council of the City of San Dimas on the 13th day of February, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 27th day of February, 2024. ___________________________
Debra Black, City Clerk