San Marino City Council
March 25, 2022

CITY OF SAN MARINO

CITY COUNCIL AGENDA
Susan Jakubowski, Mayor www.cityofsanmarino.org
Steve Talt, Vice Mayor (626) 300-0700 Phone
Steven W. Huang, DDS, Council Member (626) 300-0709 Fax Gretchen Shepherd Romey, Council Member City Hall Council Chamber Ken Ude, Council Member 2200 Huntington Drive
Marcella Marlowe, Ph.D., City Manager San Marino, CA 91108

ADJOURNED MEETING

OF THE SAN MARINO CITY COUNCIL
FRIDAY, MARCH 25, 2022 AT 8:30 A.M.

SAN MARINO CENTER
1800 HUNTINGTON DRIVE
SAN MARINO, CA 91108
The City of San Marino appreciates your attendance. Citizens’ interest provides the Council with valuable information regarding issues of the community.

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

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

PURSUANT TO ASSEMBLY BILL (AB) 361
Members of the City Council may teleconference into the meeting without noticing each teleconference location from which a member will be participating in a public meeting.

CORONAVIRUS DISEASE (COVID-19) ADVISORY
To protect both staff, our constituents, and elected officials, it is recommended that members of the public wear a mask indoors, per the State and County Health Department’s current Health Officer Orders. Given the seriousness of COVID-19, you are encouraged to provide input electronically if you do not feel comfortable attending in person.

How to participate in the meeting from home:
1) Via Computer for Video Streaming:

Website: https://us02web.zoom.us/j/89129020444
Meeting ID: 891 2902 0444
2) Via Phone for Audio Only:

Phone Number: (669) 900-9128
Meeting ID: 891 2902 0444

CITY COUNCIL AGENDA – MARCH 25, 2022 PAGE 2 OF 4
How to offer public comment from home:
1) Public comment will be accepted by email to [email protected] until 3:00 p.m. the day before the meeting, to be read by the City Clerk during public comment.

Lengthy public comment may be summarized in the interest of time. Any comments received after 3:00 p.m. will be included in the public comment record but will not be read at the meeting.
2) Public comment will be accepted electronically via the zoom.us teleconference module during the meeting. Zoom comments will be taken after the in-person comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE
ROLL CALL: Council Member Huang, Council Member Shepherd Romey, Council Member Ude, Vice Mayor Talt, and Mayor Jakubowski

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

PUBLIC COMMENTS
The City welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. At this time, the public may address the City Council on items that are not on the agenda. Pursuant to state law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). The Mayor reserves the right to place limits on duration of comments. Staff may be asked to follow up on such items.

MOTION TO WAIVE FURTHER READINGS
This action permits the City Council to act on ordinances and resolutions without having to read the entire text of the ordinance or resolution. The title of an ordinance on First Reading must be read in its entirety. An ordinance on Second Reading does not require having the title read.

However, the City Council may request that an ordinance or resolution be read in its entirety before taking any action.

CITY COUNCIL AGENDA – MARCH 25, 2022 PAGE 3 OF 4

NEW BUSINESS

1. REVIEW OF DRAFT FY 2022-23 CAPITAL IMPROVEMENT PLAN AND 5-YEAR

FORECAST
Recommendation: Staff recommends that the City Council review the draft FY 2022-23 capital construction budget and 5-year capital improvement plan and provide direction and guidance on two matters: 1) approve or reject the proposed FY 2022-23 expenditures, and 2) offer guidance on any FY 2023-24 or beyond projects that should be moved up into FY 2022-23.

2. APPROVAL OF PURCHASE FROM AAA NETWORK SOLUTIONS FOR A

CAMERA SURVEILLANCE AND INTERCOM SYSTEM AND APPROPRIATION OF $75,023 FROM THE CAPITAL RESERVES
Recommendation: Staff recommends that the City Council approve the purchase and installation of a camera surveillance and intercom system from AAA Network Solutions, solicit bids for a security gate, authorize the City Manager to execute contracts for both, and appropriate $75,023 to account 394-30-4600-0887 (PD Surveillance System) from the capital reserves funds for the work.

3. APPROVAL OF AN INCREASE TO FY 2021-22 AQUATICS PROGRAM EXPENDITURE BUDGET APPROPRIATION BY $53,516, AN INCREASE IN AQUATICS PROGRAM FEE REVENUES BY $14,568, THE REVISED

COMMUNITY SERVICES DEPARTMENT FULL TIME EQUIVALENT TOTAL, AND AN UPDATE TO THE CITY’S PART TIME SALARY SCHEDULE TO ADD

TWO CLASSIFICATIONS
Recommendation: Staff recommends that the City Council (1) reinstate the aquatics section of the Community Services Department; (2) approve Resolution No. R-22-14 approving the updated 2022 Salary Schedule; and (3) amend the City’s Fiscal Year 2021-22 budget as noted in the Staff Report.

4. APPROVAL OF ORDINANCE NO. O-22-1389 (FIRST READING) UPDATING CHAPTERS 1.04, 1.06, AND 8.02 REGARDING PUBLIC NUISANCES,

ADMINISTRATIVE CITATIONS, AND ENFORCEMENT OF CODE

VIOLATIONS
Recommendation: Staff recommends that the City Council introduce for first reading by title only, and waive further reading Ordinance No. O-22-1389, An Ordinance of the City Council of the City of San Marino, California Amending Chapters 1.04, 1.06, and 8.02 Regarding Public Nuisances, Administrative Citations, and Enforcement of Code Violations, and direct staff to agendize the ordinance for a second reading and possible adoption at the Council’s next regular meeting.

CITY COUNCIL AGENDA – MARCH 25, 2022 PAGE 4 OF 4

5. APPROVAL OF ORDINANCE NO. O-22-1388 (FIRST READING) AMENDING CHAPTER 17.02 OF THE CITY CODE REGARDING PROHIBITED ACTIVITIES

IN LACY PARK, INCLUDING SMOKING
Recommendation: Staff recommends that the City Council introduce for first reading by title only, Ordinance No. O-22-1388, an Ordinance of the City Council of the City of San Marino, California Amending Chapter 17.02 of the San Marino Municipal Code Pertaining to Restrictions on Activities in Lacy Park, Including Smoking, and direct staff to agendize the Ordinance for a second reading and possible adoption at the Council’s next regular meeting.

6. DISCUSSION OF A NON-MONETARY DONATIONS POLICY
Recommendation: Staff recommends that the City Council provide staff direction on whether to formulate a non-monetary donations policy and what the aspects of that policy would be.

CLOSED SESSION

7. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
City negotiator(s):

City Manager Marlowe
Employee Organization(s):

San Marino Police Officers’ Association
San Marino Firefighters’ Association
San Marino City Employees’ Association
Unrepresented Employees

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

PUBLIC COMMENTS

FUTURE AGENDA ITEMS

ADJOURNMENT
Dated: March 17, 2022 CHRISTINA BAKER
Posted: March 18, 2022 CITY CLERK

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Engaged and Connected Residents
• Efficient, Responsive, and Effective City Services
• Safe Community
• Well-Maintained Infrastructure
• Fiscally Responsible and Transparent City Government
• Attractive, Complementary Business District
• Inviting and Relevant City Facilities
• Beautiful, Preserved, Single-Family Neighborhoods

BACKGROUND
Overall Budget Process
During the Fiscal Year 2019-20 budget process, staff worked together with the City Council Budget Liaisons (then Council Members Susan Jakubowski and Ken Ude) to develop an innovative and streamlined budget process that ultimately led to a successful adoption of the budget on June 26, 2020. Staff has continued to use this same budget process each fiscal year since Fiscal Year 2019-20.

After again working with the Budget Liaisons (Mayor Jakubowski and Council Member Ude), staff presented the Fiscal Year 2022-23 budget calendar at the January 28, 2022 City Council meeting.

The overall budget calendar follows a similar timeline and structure as last year’s budget process (see Attachment 6). The City Council also conducted an initial brainstorming session at the January 28 meeting. This session centered on which priority initiatives to consider for the TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Michael Throne, PE, Director of Parks and Public Works/City Engineer Paul Chung, Finance Director
DATE: March 25, 2022
SUBJECT: REVIEW OF DRAFT FY 2022-23 CAPITAL IMPROVEMENT PLAN AND 5-YEAR FORECAST
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

upcoming fiscal year, guided by the City’s eight Critical Success Factors. A town hall was also hosted on February 7, 2022 in order to receive feedback from the community on priorities, with a community engagement survey that was open until February 28, 2022.

Today represents the next stage of the budget process. Staff will present the capital construction budget. In April we will present each department’s Fiscal Year 2022-23 work plans and budgets.

Staff will continue to work with the Budget Liaisons to ensure that our presentations meet the Council’s needs.

Please note that there will still be opportunities for adjustments and additions/removals as the budget process continues but today’s discussion and decisions will give staff the direction needed to prepare the proposed Fiscal Year 2022-23 capital improvement budget.

DISCUSSION
Today’s meeting continues the next stage of the budget process. Each year as part of the adoption of the City’s municipal budget, new and planned capital expenditures are compiled and presented to the City Council for review and deliberation. Afterward, those projects and programs that are approved for an appropriation in the coming fiscal year are incorporated into the City’s capital budget.

This budget workshop will include a review and discussion of the draft FY 2022-23 capital construction budget and an update to the 5-year capital improvement forecast.

This year’s format is identical to the one presented to the City Council the last four fiscal years and, in a nod to efficiency and effectiveness, capital equipment and capital construction are being presented to you on two separate days (capital equipment was on March 18, 2022 and capital construction is today). The following information is provided for you in the attached draft capital improvement plan:
• The current status of all FY 2021-22 capital construction projects and programs; • A summary table of the recommended capital construction projects and program expenditures for FY 2022-23; and
• A detailed description and cost estimate for each proposed capital improvement expenditure by infrastructure category (right-of-way, park and grounds, civic facilities, wastewater collection and stormwater).

The recommended items presented to the City Council today have gone through several rounds of prioritization. The requests for new projects were first generated by each department head as a summary of items for next fiscal year and items they sought to include in the plan in future years based on their insight on items needed to be built or otherwise improved. Parks and Public Works Director Throne then analyzed the departments’ requests, taking the other requests and

consistency with the current 5-year CIP into account. At this stage, department heads and Director Throne worked together to narrow the list down.

He presented his recommended “short list” to the City Manager, who then again prioritized the requests based on City Council direction. She has focused her support on the items included for your review today. In summary, the proposed lists for annual /recurring CIP projects/programs, projects with re-appropriated funds, projects with re-budgeted funds, new projects for FY 2022- 23, and projects for future years (Attachments 3 through 7) were reviewed multiple times by staff.

On February 7, 2022, the Public Safety Commission reviewed the status of the capital expenditures (see Attachment 1) and offered its support. On February 28, 2022, the Library Board of Trustees met and provided guidance on projects at the Crowell Public Library.

FISCAL IMPACT & PROCUREMENT REVIEW
As of July 1, 2021, $18,324,777 of funding was available in the Capital Projects Fund (Fund 394).

At the April 13th City Council meeting, Council will be presented a staff report to transfer $2,300,000 to the Capital Projects Fund reserves from the General Fund reserves for future capital improvement projects.

Of the $16,100,489 of new funding requests for the FY 2022-23 capital improvement budget, $14,048,989 is funding allocated from the Capital Projects Fund (Fund 394). The remaining $2,051,500 is from the Gasoline Tax Fund (Fund 202), Proposition A Fund (Fund 207) TDA Article 3 Fund (Fund 214), Proposition C Fund (Fund 215), Measure R Fund (Fund 243), American Rescue Plan Fund (Fund 245), SB 1383 Grant Fund (Fund 234), Proposition 68 Grant Fund (Fund 235), and the Donations Fund (Fund 281) (precise amounts are shown on Attachment 3). Projects and programs underway and not completed this fiscal year will be re-budgeted or re-appropriated into next fiscal year.

The Parks and Public Works Department expects to embark on three financially-significant projects this coming fiscal year: another year of street rehabilitation ($3,500,000), replacement of the Lacy Park Drainage Culvert ($1,606,000), and the renovation of the San Marino Center ($6,000,000).

On February 24, 2022, Metro’s Board of Directors directed their staff to provide an opportunity for agencies with active SR 710 North Measure R projects to review those projects’ scopes of work with an eye towards additional projects (see Attachment 7). Potential work includes onstreet bus infrastructure, Class I/II/III/IV bikeways, sidewalk improvements, and pedestrian safety improvements, and only as modification to our two approved projects: Huntington Drive Improvements and the Atlantic/Garfield/Los Robles/Huntington Intersection. No additional Measure R funding will be available for the changes in project scope.

Procurement review is not applicable to this report.

LEGAL REVIEW
The City Attorney reviewed this report and approved it as to legal form.

RECOMMENDATION
Staff recommends that the City Council review the draft FY 2022-23 capital construction budget and 5-year capital improvement plan and provide direction and guidance on two matters: 1) approve or reject the proposed FY 2022-23 expenditures, and 2) offer guidance on any FY 2023- 24 or beyond projects that should be moved up into FY 2022-23. Staff will include the Council’s direction into the proposed budget.

ATTACHMENTS

1. Memorandum to the Public Safety Commission on CIP status and current status on the FY 2022-23 capital construction projects and programs

2. Table of recommended FY 2022-23 capital construction projects/programs and 5-year plan

3. List of Annual/Ongoing CIP Projects

4. List of Re-appropriations for CIP Projects

5. List of Re-budgets for CIP Projects

6. Proposed New FY 2022-23 projects

7. Proposed future (2023-24 and beyond) construction projects

8. FY 2022-23 budget calendar

9. Measure R Eligible Projects Information

TO: Chair Boozell and members of the Public Safety Commission FROM: Michael Throne, PE, Director of Parks and Public Works/City Engineer DATE: February 7, 2022
SUBJECT: FY 2021-22 CAPITAL IMPROVEMENT PLAN STATUS UPDATE AND REVIEW OF YEARS 2 THROUGH 5 OF THE CAPITAL PLAN

RECOMMENDATION
The Department is diligently moving forward with its implementation of the FY 2021-22 capital expenditure program that includes both equipment replacement and capital construction. It is recommended that the Commission receive this report, provide comments and observations, and move to receive and file the report.

DISCUSSION
The following is a summary of the progress made to this point regarding the 2021-22 CIP schedule.

CAPITAL PROCUREMENTS
Administration
• Scheduled computer replacements are underway and planned to be completed by May 2022
• Scheduled server upgrades are underway and planned to be completed by May 2022 • Server room improvements were completed in November 2021 • Batter back-up replacements are scheduled to be completed by April 2022 • A replacement vehicle for the City’s Code Enforcement staff has been purchased

Fire Department
• All planned procurements have been made or are on order, with the exception of the Command Staff Vehicle, which will likely need to be rolled over to FY 2022-23 due to supply chain issues
Police Department
• All planned procurements have been made (E-citation writers, Netmotion upgrade) or are on order (License Plate Readers, detective car replacements [awaiting outfitting]).

CAPITAL CONSTRUCTION
Right-of-Way
• FY 20-21 Street Rehabilitation Program Project – Completed in September 2021 • FY 21-22 Street Rehabilitation Program Project – contract has been awarded to NCE Engineering. Construction expected to commence in April 2022 • Sidewalk Replacement Program – Year 4 of 4 completed with approximately 1.0 mile of sidewalk. Bids for new multi-year contract will be advertised in April with award of contract anticipated in May
• Biennial Striping, Marking, and Signing Program – Design 50% complete. Award construction contract in March
• Streetlight Management Plan – Design 10% complete. Award construction contract in April.
• Street Tree Management Plan – Trees being purchased and will be planted by June 30, 2022.
• Traffic Control Devices Program – Locations being assessed. Award construction contract in March.
• Huntington Dr/Mission St Beautification Program – Schedule pending new Community Development Director
• Neighborhood Traffic Calming Program – Implementation pending Council approval of program, which is part of citywide traffic circulation study • Measure R 710 North Projects – Requests for Proposals planned for June Parks
• Park Landscaping Condition Assessment – Requests for Proposals planned for May Civic Facilities
• Civic Facilities Condition Assessment – Assessment will be completed in February. Report to be presented to Public Safety Commission in April
• San Marino Center Renovation- Design underway. Environmental documentation certification in June

• City Hall Emergency Generator Connection Upgrades – Scope of work being developed • Fire Station Bathroom Remodel – Request for Proposals planned for May • Police Station Utilization Study – Proposals being evaluated. Award of contract in February • EOC Improvements – Construction planned for June
Wastewater Collection system
• Sewer Main Rehabilitation Program – Locations for manhole lining being assessed • Lift Station Improvement Program – Design 85% complete. Award of contract in April Stormwater System
• Drainage Wash Improvement Program – Lining replacement at 1735 Chelsea Road under engineering evaluation
• Culvert Replacement Program – Design of culvert replacement in Lacy Park underway.

Construction in 2023
• Drainage Inlet Replacement Program – Locations being evaluated. Work to be completed in July
• Rio Hondo Load Reduction Strategy – Design work continues by County. No construction schedule yet
• Trash Capture Filter Program – Locations being evaluated. Installation completed by July The annual capital expenditures are part of a rolling five-year plan for capital projects and purchase of capital equipment. Attachment 1 details Years 2-5 of the proposed project and equipment list from last year’s budget process. Commission Members are invited to review the list and provide their input on whether they would like to prioritize any projects or equipment purchases being moved up or back on the timeline or removed altogether from the project list.

All feedback provided by the Commission and interested members of the public will be taken into consideration by staff and included in the report to the City Council during their March CIP budget review.

ATTACHMENTS

1. FY 2021-22 Capital Improvement Plan – Years 2-5

FUTURE CAPITAL CONSTRUCTION PROGRAMS

AND PROJECTS
FY 2022-25

ALL INFRASTRUCTURE CATEGORIES

Page Intentionally Blank

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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Biennial Pavement Condition Assessment FY-4104
FY 18-19
The City Council approved an ongoing and regular assessment of the condition of all streets in 2019. The assessment will produce an updated rehabilitation schedule including a list of streets, alleys and parking lots, and pavement treatment recommendations. The Council approved a survey for FY 20-21, which is underway.
394 Capital Construction 35,000
$ 35,000
0 15,000
0 0
0 0
$ 15,000
FY 20-21 included a condition assessment of city alleys and parking lots, which had not been performed before. Future surveys will update that newly collected information.

Right-of-Way
0 $ 0
0 0
0 0
0 0
$ 10,000
10,000
0 0
0 0
0 $ 0
0 0
0 0
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$ 10,000
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Parks & Public Works
364 Page 14 of 200
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Bridge Maintenance Program 48-XXXX
FY 18-19
Caltrans biennially inspects city-owned bridges (Circle Drive and Lorain Road) and recommends repairs and improvements. Utilizing the most recent 2020 inspection, it is recommended an outside bridge engineer prepare a formal maintenance and capital replacement program to be implemented and budgeted for commencing FY 22-23. 394 Capital Construction 20,000
$ 20,000
0 0
0 0
0 0
$ 0
Future maintenance and capital replacement expenses to be determined.

Right-of-Way
0 $ 0
0 0
0 0
0 $ 20,000
20,000
0 0
0 0
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 20,000
20,000
0 0
0 0
Parks & Public Works
365 Page 15 of 200
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Original Lacy Park Restroom Renovation 50-NEW
FY 21-22
Please see attached sheet
394 Capital Construction 20,000
$ 20,000
0 0
0 0
0 0
$ 0
Construction costs to be estimated at the completion of architectural work and selection of re-use option.

Civic Facilities
0 $ 0
0 0
0 0
0 0
$ 20,000
20,000
0 0
0 0
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 20,000
20,000
0 0
0 0
Parks & Public Works
366 Page 16 of 200
Original Lacy Park Restroom Renovation
Description and Justification
The original 1920s brick restroom at Lacy Park is no longer needed due to the new restroom constructed in 2020. It is functionally obsolete, is in poor interior condition and the sewer line has collapsed. The building superstructure (roof, walls and floors) is in serviceable condition and overall the restroom can be re-purposed for other uses such as a meeting room or on-site recreational activities office that would be beneficial to park operations and in lieu of using the Thurnher House, which is a museum. It is recommended that an architect prepare renovation alternatives affording the City the most flexibility in the restroom's reuse, taking into consideration the building's designation as a San Marino Historical Landmark, after which various cost and use options can be considered by the City Council. 367 Page 17 of 200
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Library - Computer Room Renovation 90-1004
FY 18-19
In 2008, the Library constructed the Lifelong Learning Center computer lab for training purposes. However, the computer lab is no longer needed for its sole original purpose as now only two Dakin Brain Training computers remain out of more than 10 computers. Library staff recommends that the large room be split into additional study and presentation areas that are in high demand by patrons. This project was delayed due to the pandemic and is recommended to re-budget the engineering budget to FY 21-22. 394 Capital Construction 2,500
281 Donations 22,500
$ 25,000
0 2,500
0 0
0 0
$ 2,500
&267(67,0$7(127(6
The FY 20-21 budget is $2,500, which is recommended to be re-budget to FY 21-22 as no funds were spent. The engineering and construction estimates are based on similar estimates for the San Marino Center and recent work at the Library. External funding may be secured for construction if the City funds the engineering element.

Civic Facilities
0 $ 25,000
2,500
0 22,500
0 0
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 25,000
2,500
0 22,500
0 0
Community Services
368 Page 18 of 200
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ The Old Mill - Pedestrian Lighting Improvements 40-XXXX FY 18-19
Replace and update the existing pedestrian lighting at The Old Mill in cooperation with the Old Mill Foundation. An assessment of the existing electrical system will be performed to establish location of all outside lighting and power circuits.

Outside pedestrian lighting will be funded by the City and on-property landscape lighting will be funded by the Foundation.
394 Capital Construction 30,000
$ 30,000
0 0
0 0
0 0
$ 0
Civic Facilities
0 $ 0
0 0
0 0
0 0
$ 30,000
5,000
0 25,000
0 0
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 30,000
5,000
0 25,000
0 0
Parks & Public Works
369 Page 19 of 200
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Lacy Park Play Structure Replacement 50-NEW
FY 20-21
The existing play structures at the Lacy Park playground are over 10-years-old and are beginning to show signs of age. Replacement parts are no longer available from the manufacturer, who is no longer in business, and other play structure manufacturers will not provide spare parts. The treehouse trunk recently experienced superficial damage from heavy use after the playground was reopened in October 2020. It is recommended to replace all structures with ones Made in USA so that they can be maintained and repaired in the future. 394 Capital Construction 150,000
$ 150,000
0 0
0 0
0 0
$ 0
Donations may be available to offset the acquisition and installation expenses.

Parks
0 $ 0
0 0
0 0
0 50,000
$ 50,000
0 0
0 0
0 50,000
$ 50,000
0 0
0 0
0 50,000
$ 50,000
0 0
0 0
0 150,000
$ 150,000
0 0
0 0
0 Parks & Public Works
370 Page 20 of 200
&,7<2)6$10$5,12
&$3,7$/%8'*(75(48(67
3+272*5$3+25',$*5$0
)81',1*6285&(
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Public Stair Replacement - Virginia Rd to Park Pl 48-XXXX FY 20-21
The existing concrete stairway from Virginia Rd to Park Pl has reached the end of its service life (it is estimated to be over 50 years old) and in now experiencing structural failure, distress and lateral creep in addition to having old-style metal handrailings.

Chronic repairs and small areas of replacement are proving to be expensive and problematic.

Consequently it is recommended to replace the stairway and handrailing to meet current accessibility and building codes for public stairways.
394 Capital Construction 90,000
$ 90,000
0 0
0 0
0 0
$ 0
The estimated cost to maintain this capital asset is $500/year for handrailing painting or minor concrete repairs or patching. The estimated life of a new concrete stairway is 50 to 75 years.

Right-of-Way
0 $ 90,000
10,000
0 80,000
0 0
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 90,000
10,000
0 80,000
0 0
Parks & Public Works
371 Page 21 of 200
&,7<2)6$10$5,12
&$3,7$/%8'*(75(48(67
3+272*5$3+25',$*5$0
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Huntington Dr/Sierra Madre Blvd Red Car Parklet 50-NEW
<($5),567352326('
FY 19-20
See attached sheet for description and justification. This item was suggested during the community input and feedback process and is recommended by staff for incorporation into the FY 2021-22 budget and workplan.

THIS REQUEST REPLACES "SIERRA MADRE MEDIAN PARK BUS SHELTER REPLACEMENT PROJECT". 394 Capital Construction 33,600
Proposition 68 Eligible* 168,000
$ 201,600
0 0
0 0
0 0
$ 0
Construction costs to be estimated at the completion of landscaping design work. *This project is potentially eligible for $168,000 per capita funding from Proposition 68 Statewide Park Program grant. Projects must be for capital recreation construction, be in a single location and may require a 20% match (up to $33,600 based on the per capita amount of $168,000). Lac eligible due to the weekend fee charged for non-resident entry.

Parks
0 $ 0
15,000
0 0
0 0
0 $ 201,600
0 0
168,000
18,600
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 201,600
15,000
0 168,000
18,600
0 Parks & Public Works

Huntington Drive/Sierra Madre Boulevard Red Car Parklet Description and Justification
The northwest corner of the Huntington Dr and Sierra Madre Blvd intersection was originally right-of-way for the Pacific Electric Railway, an interurban commuter train system for Los Angeles. After closure in the 1950s, the City acquired the property along with the Huntington Dr and Sierra Madre Blvd medians and zoned the properties as parks and recreation. A wooden shelter was constructed at some point in the past and over time has fallen into disrepair. It does not meet current building codes for disability access, seismic resistance and electrical safety. In lieu of directly replacing the bus shelter, the entire corner can be converted into a small community park used for the Fourth of July parade and Rotary's Santa holiday house among other events. The parklet would be designed to complement the Rotary clock parklet and commemorate the "Red Car" line that ran through the city. A landscape architect is recommended to develop concept plans for community review and inputDfter which Dfinal design and construction estimates would be crafted.
373 Page 23 of 200
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<5
727$/6
&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Citywide Heating, Ventilation, Air Conditioning Upgrades 40-NEW FY 21-22
Upgrade and improve the ventilation, filtration and disinfection systems in all City-owned facilities to comply with Covid-19 health requirements. Sites include City Hall, Police Station, Fire Station, Public Works offices at City Hall and Lacy Park, Crowell Public Library, Stoneman, Thurnher House and the Old Mill. San Marino Center renovation will include the new requirements as part of the renovation design.

XXX American Rescue Plan 500,000
394 Capital Construction 0
$ 500,000
0 0
0 0
0 0
$ 0
This is a budget-level planning estimate. A HVAC engineering consultant will develop detailed construction cost estimates for each facility location, which will be competitively bid.

Civic Facilities
0 $ 0
0 0
0 0
0 0
$ 500,000
75,000
0 425,000
0 0
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 500,000
75,000
0 425,000
0 0
Parks & Public Works
374 Page 24 of 200
&,7<2)6$10$5,12
&$3,7$/%8'*(75(48(67
3+272*5$3+25',$*5$0
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<5
727$/6
&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Quinquennial SSMP Update 44-XXXX
FY 18-19
The San Marino sewer system management plan (SSMP) is a state-required operations and maintenance manual for the City's wastewater collection system. Regulations necessitate a review and update every 5 years of the policies and procedures contained within, which is best performed by an outside engineering expert. The latest update is May 2019.
394 Capital Construction 5,000
$ 5,000
0 0
0 0
0 0
$ 0
Provide concise information about how cost(s) were established and include the estimated annual maintenance cost if known
WW Collection
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 5,000
5,000
0 0
0 0
0 $ 0
0 0
0 0
0 0
$ 5,000
5,000
0 0
0 0
Parks & Public Works
375 Page 25 of 200
&,7<2)6$10$5,12
&$3,7$/%8'*(75(48(67
3+272*5$3+25',$*5$0
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<5
727$/6
&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ City Hall Campus - Security Gates 40-XXXX
FY 18-19
Unauthorized individuals are free to access from the City Hall lobby the rear City Hall parking lot area and areas that hold patrol cars, police evidence storage, public safety employee parking, the fleet shop and readily-accessible public works equipment, vehicles, tools and materials. This poses a security threat to personnel and critical assets. It is recommended to install a key-card security gate at the EOC courtyard walkway to the parking lot.
394 Capital Construction 15,000
$ 15,000
0 0
0 0
0 0
$ 0
Construction cost estimated based on 2019 vendor quotes.

Civic Facilities
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 15,000
0 0
15,000
0 0
0 $ 0
0 0
0 0
0 0
$ 15,000
0 0
15,000
0 0
Police
376 Page 26 of 200
&,7<2)6$10$5,12
&$3,7$/%8'*(75(48(67
3+272*5$3+25',$*5$0
)81',1*6285&(
,).12:1
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727$/(67,0$7(')81',1*
727$/$17,&,3$7(')81',1*
727$/6
&$7(*25<
$&48,6,7,21
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<5
727$/6
&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Electric Vehicle Charging Stations 40-XXXX
FY 18-19
With the increase in availability of plug-in hybrid and pure-electric passenger vehicles, providing charging stations would provide benefit to patrons visiting Lacy Park, the Community Services Campus (Crowell Public Library/San Marino Center) and City Hall. If the City were to purchase electric or plug-in hybrid vehicles in the future or allow city employees to charge at work, having the infrastructure already in-place would be advantageous.
212 Air District 70,000
$ 70,000
0 0
0 0
0 0
$ 0
The estimated cost is for up to 5 locations. The cost to maintain all 5 station is estimated at $1,000/year for charging cable replacement, unit servicing and electrical expenses. This project may be eligible for air district or electric company grant funding.

Civic Facilities
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 70,000
5,000
0 65,000
0 0
0 $ 70,000
5,000
0 65,000
0 0
Parks & Public Works
377 Page 27 of 200
&,7<2)6$10$5,12
&$3,7$/%8'*(75(48(67
3+272*5$3+25',$*5$0
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727$/$17,&,3$7(')81',1*
727$/6
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<5
727$/6
&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Alley and Parking Lot Improvement Program 48-XXXX
FY 18-19
After completion of the 2021 citywide pavement condition update, implement the results of the assessment as it relates to city alleys and parking lots. It can be expected that several will require full-reconstruction. 394 Capital Construction 0
$ 0
0 0
0 0
0 0
$ 0
Engineering and construction costs to be estimated at the completion of the 2021 pavement condition assessment and included with the FY 22-23 capital construction budget recommendation.

Right-of-Way
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 Parks & Public Works
378 Page 28 of 200
&,7<2)6$10$5,12
&$3,7$/%8'*(75(48(67
3+272*5$3+25',$*5$0
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727$/6
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<5
727$/6
&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Stoneman Renovation 90-XXXX
FY 18-19
Renovate or otherwise make improvements to the Stoneman facility and site in accordance with a to-be-developed scope of work.
394 Capital Construction 0
$ 0
0 0
0 0
0 0
$ 0
Engineering and construction costs would be estimated upon completion of conceptual plans based on the potential public use of the facility and grounds.

Civic Facilities
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 Parks & Public Works
379 Page 29 of 200

FUTURE EQUIPMENT PURCHASES
FY 2022-2025

ALL DEPARTMENTS
308 Page 30 of 200
Page Intentionally Blank
309 Page 31 of 200
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Small Engine Replacement Program FY-0450
FY 18-19
In FY 2018-19 the City Council approved a biennial program to replace small engine equipment such as concrete and chain saws, blowers and hedge trimmers used by Streets, Parks and Grounds divisions. The Department owns 76 small engine tools under 50 hp used for trimming, blowing, trenching, sweeping, concrete cutting, pressure washing, compacting, limb sawing and concrete mixing. Approximately 20 small engines are scheduled to be replaced every 2 year as they wear out. 591 Capital Equipment 15,000
$ 15,000
5,000
0 0
0 0
0 $ 5,000
This is a biennial program. The estimated cost to maintain these capital assets is $1,000 per year.

Equipment/Other
0 $ 0
0 0
0 0
0 5,000
$ 5,000
0 0
0 0
0 0
$ 0
0 0
0 0
0 5,000
$ 5,000
0 0
0 0
0 15,000
$ 15,000
0 0
0 0
0 Parks & Public Works
310 Page 32 of 200
&,7<2)6$10$5,12
&$3,7$/%8'*(75(48(67
3+272*5$3+25',$*5$0
)81',1*6285&(
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727$/(67,0$7(')81',1*
727$/$17,&,3$7(')81',1*
727$/6
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Library - Barth Community Room Audio/Visual Upgrade 90-0555 FY 20-21
The Barth Community Room is heavily utilized by the community and by City staff for Council meetings or other activities. The equipment in the Barth Room has exceeded its usable life and requires substantial upgrades.
591 Capital Equipment 34,500
$ 34,500
19,500
0 0
0 0
0 $ 19,500
Cost estimate is based on a quote received from the vendor installing the audio system and includes a high-definition projector, retractable screen, appropriate lighting and equipment connections.

Equipment/Other
15,000
$ 15,000
0 0
0 0
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 34,500
$ 34,500
0 0
0 0
0 Community Services
$0
311 Page 33 of 200
&,7<2)6$10$5,12
&$3,7$/%8'*(75(48(67
3+272*5$3+25',$*5$0
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Medical Cart 34-XXXX
FY 20-21
The Fire Department is requesting purchase of a medical cart to be staffed by Paramedic personnel during special City events. A medical cart would enable Paramedics to better navigate through locations with large crowds and aid in faster response times. The medical cart will be utilized at 8-12 events per year, including at Lacy Park and Mission Street events, and may potentially be deployed at the Huntington Library during anticipated large crowd events. It is intended that this item will be funded by the Huntington Library's annual donation to the City. 281 Donation 20,000
$ 20,000
0 0
0 0
0 0
$ 0
The estimated cost to maintain this capital asset is $300/year.

Equipment/Vehicle
0 $ 0
0 0
0 0
20,000
$ 20,000
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 20,000
$ 0
0 0
0 0
0 Fire
312 Page 34 of 200
&,7<2)6$10$5,12
&$3,7$/%8'*(75(48(67
3+272*5$3+25',$*5$0
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Library - Security Camera System 90-XXXX
FY 19-20
Crowell Public Library currently uses a Nest security camera system that relies on a subscription service that is not always accessible, provides limited coverage, and is not compliant with Public Records Act requirements. The procurement and installation of a proper in-house security camera system is recommended, complete with a connected video recorder and 16 cameras to cover key public areas and counters.
591 Capital Equipment 25,000
$ 25,000
0 0
0 0
0 0
$ 0
Staff reviewed this project to potentially be included in a future citywide security-enhancement project; however, it was deemed better suited to align with upcoming work at the San Marino Center.

Equipment/Other
0 $ 0
0 0
0 0
0 0
$ 25,000
5,000
0 20,000
0 0
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 25,000
5,000
0 20,000
0 0
Community Services
313 Page 35 of 200
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3+272*5$3+25',$*5$0
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<5
727$/6
&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Trailered Changeable Message Sign 48-XXXX
FY 18-19
The Department owns a single changeable message sign (CMS) that is over 10-years olds and is no longer reliable without making repairs before it is deployed. A new CMS will use the latest technology enabling it to be programmed via mobile device.

It is recommended to procure a pair, one for use at each end of the work zone. The original CMS will be retired.
591 Capital Equipment 50,000
$ 50,000
0 0
0 0
0 0
$ 0
Each unit is estimated to cost $25,000 and require $250/year to maintain.

Equipment/Other
0 $ 0
0 0
0 0
0 50,000
$ 50,000
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 50,000
$ 50,000
0 0
0 0
0 Parks & Public Works
314 Page 36 of 200
&,7<2)6$10$5,12
&$3,7$/%8'*(75(48(67
3+272*5$3+25',$*5$0
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$02817
727$/(67,0$7(')81',1*
727$/$17,&,3$7(')81',1*
727$/6
&$7(*25<
$&48,6,7,21
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ FARO Laser Scanner 30-XXXX
FY 21-22
Focus laser scanners are specifically designed for both indoor and outdoor measurements of a scene. This unit is a critical piece of equipment for use by public safety while investigating serious traffic collisions or fatalities, crime scenes, event planning, and conducting site surveys. Currently, measurement is done manually, which takes time. Procurement of this equipment will decrease the amount of time police personnel are on-scene and will improve efficiency and accuracy. 591 Capital Equipment 57,500
$ 57,500
0 0
0 0
0 0
$ 0
The amount provided in year one is for the complete system including three years of maintenance at a discounted rate. A computer with an upgraded operating system capable of handling the the minimum system requirements has also been factored into the estimate. The estimate covers all cost until 2026.

Equipment/Other
0 $ 0
0 0
0 0
0 57,500
$ 57,500
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 57,500
$ 57,500
0 0
0 0
0 Police
315 Page 37 of 200
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&$3,7$/%8'*(75(48(67
3+272*5$3+25',$*5$0
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727$/(67,0$7(')81',1*
727$/$17,&,3$7(')81',1*
727$/6
&$7(*25<
$&48,6,7,21
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Handheld Radio Replacement 34-XXXX
FY 19-20
See following sheet.
591 Capital Equipment 266,000
$ 266,000
0 0
0 0
0 0
$ 0
Cost was determined by reviewing prices with Motorola's sole source provider.

Equipment/Other
0 $ 0
0 0
0 0
0 266,000
$ 266,000
0 0
0 0
0 0
$ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 266,000
$ 266,000
0 0
0 0
0 Fire
316 Page 38 of 200
+DQGKHOG5DGLR Replacement
'HVFULSWLRQDQG-XVWLILFDWLRQ
The Fire Department is requesting funding to replace the portable radios purchased in 2006.

End of service for this model is 2022, after which the radios will no longer be supported by the manufacturer. New handheld radios are recommended for purchase prior to the radio failure and inadequate spares and/or compatible replacement parts. Each firefighter (including the fire command vehicle and Unit E91) is assigned a handheld radiR 7KLV LWHP LV FXUUHQWO\ VFKHGXOHG IRU )< 
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317 Page 39 of 200
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727$/6
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&DSLWDO([SHQVH5HTXHVW7HPSODWH9HUYVG[ Self-Contained Breathing Apparatus (SCBA) 34-XXXX
FY 21-22
See following sheet.
591 Capital Equipment 260,000
$ 260,000
0 0
0 0
0 0
$ 0
Cost estimate was established by requesting quotes from authorized vendors.

Equipment maintenance funds are allocated annually in account 103-34-4316-0000.

The annual cost to maintain SCBA is $4,000/year.

Equipment/Other
0 $ 0
0 0
0 0
0 0
$ 0
0 0
0 0
0 260,000
$ 260,000
0 0
0 0
0 0
$ 0
0 0
0 0
0 260,000
$ 260,000
0 0
0 0
0 Fire
318 Page 40 of 200
6HOI&RQWDLQHG%UHDWKLQJ$SSDUDWXV
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Purchase new Self Contained Breathing Apparatus (SCBA) and spare cylinders, and a new compressor, for use on all apparatus. Currently the Fire Department has 19 SCBA’s and 60 cylinders. The new SCBA’s will be on all front line apparatus including E91 (4), RA91 (2), B9 (1), all reserve apparatus including E791 (4), RA791 (2), B791, and 5 spares. Our current SCBA and cylinders will be outside of their service life in 2024 as they have a 15 year maximum life safety use, and will not meet standards. Additionally, the manufacturer's 15 year warranty will end, and the manufacturer will no longer provide replacement parts. New NFPA approved SCBA will potentially be available for purchase in fall of 202. The Fire Department is requesting funds to replace all SCBA’s and a compressor to ensure that all personnel are provided with NFPA compliant respiratory protection during emergency response situations. 7KLV LWHP LV FXUUHQWO\ VFKHGXOHG IRU )<  
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81 B C D E G H I J K L M N O P V X AA AB AC AF AG AH AI AJ AK AL AM AN AO Number Project Type Prop A (207) Prop C (215)
Annual/Ongoing Programs
1 Right-of-Way FY-9273 Annual Marking, Striping and Signing Program 45,000 45,000 45,000 - 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 225,000 2 Right-of-Way FY-0510 Street Tree Management Plan 50,000 50,000 36,000 - 50,000 50,000 50,000 36,000 50,000 50,000 50,000 50,000 236,000 3 Right-of-Way FY-9274 Streetlight Management Program 60,000 60,000 44,179 - 75,000 75,000 75,000 44,179 75,000 75,000 75,000 269,179 4 Right-of-Way FY-9243 Traffic Control Devices Program 70,000 70,000 70,000 - 105,000 105,000 105,000 70,000 105,000 175,000 5 Right-of-Way FY-9272 Sidewalk Replacement Program 439,000 57,388 496,388 363,958 - 450,000 450,000 431,000 19,000 363,958 450,000 589,000 489,000 489,000 2,380,958 6 Right-of-Way FY-9271 Street Rehabilitation Program 3,500,000 2,775,467 6,275,467 3,500,000 - 3,500,000 3,500,000 2,400,000 675,000 250,000 175,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 17,500,000 7 Right-of-Way FY-4104 Biennial Pavement Condition Assessment - - - 10,000 10,000 10,000 - 10,000 10,000 20,000 8 Right-of-Way 48-XXXX Bridge Maintenance Program - - - 20,000 20,000 20,000 - 20,000 20,000 9 Civic Facilities 30-1001 City Hall Campus - PD Utilization Study 125,000 - 125,000 121,643 - - - - 121,643 - 121,643 10 Wastewater FY-8020 Sewer Main Rehabilitation Program 50,000 24,135 74,135 10,900 600,000 600,000 600,000 10,900 600,000 815,000 812,000 1,154,000 3,391,900 11 Stormwater FY-8022 Drainage Inlet Replacement Program 30,000 - 30,000 - 30,000 30,000 30,000 - 30,000 30,000 60,000 12 Stormwater FY-8023 Drainage Wash Improvement Program 50,000 - 50,000 5,000 50,000 50,000 50,000 5,000 50,000 50,000 105,000 13 Stormwater FY-8024 Culvert Replacement Program 210,000 59,606 269,606 214,606 1,606,000 1,606,000 1,606,000 214,606 1,606,000 454,000 4,065,000 432,000 6,771,606 Total - Annual/Ongoing Programs 4,629,000 2,916,596 7,545,596 4,411,286 - - 6,541,000 6,541,000 5,422,000 675,000 - 19,000 - 250,000 175,000 - - - - 4,411,286 6,541,000 5,608,000 9,046,000 5,670,000 31,276,286 Re-Appropriations
14 Right-of-Way 48-0500 Citywide Traffic Circulation Study - 105,814 105,814 41,930 63,884 - 63,884 63,884 41,930 63,884 105,814 15 Right-of-Way 48-0525 Neighborhood Traffic Calming Program 75,000 75,000 4,070 70,930 4,070 75,000 75,000 4,070 75,000 70,930 30,000 30,000 210,000 16 Parks and Grounds FY- 7036 Condition Assessment - Park & Street Trees 50,000 50,000 10,000 40,000 - 40,000 40,000 10,000 40,000 - 50,000 17 Civic Facilities 34-XXXX City Hall Campus - FS Bathroom Remodel 25,000 - 25,000 10,000 15,000 - 15,000 15,000 10,000 15,000 25,000 18 Civic Facilities 40-1001 City Hall Campus - Emergency Gen Connection 45,000 8,112 53,112 15,000 38,112 1,888 40,000 40,000 15,000 40,000 55,000 19 Civic Facilities 20-1000 San Marino Center Renovation 5,141,800 175,415 5,317,215 830,000 4,311,800 1,688,200 6,000,000 6,000,000 830,000 6,000,000 - - - 6,830,000 20 Wastewater FY-8022 Lift Station Improvement Program 300,000 (4,652) 295,348 73,000 227,000 655,000 882,000 882,000 73,000 882,000 - 955,000 21 Stormwater 46-8025 Rio Hondo LRS 204,605 204,605 90,500 114,105 - 114,105 114,105 90,500 114,105 204,605 Total - Re-Appropriatons 5,841,405 284,689 6,126,094 1,074,500 - 4,880,831 2,349,158 7,229,989 7,229,989 - - - - - - - - - - 1,074,500 7,229,989 70,930 30,000 30,000 8,435,419 Re-Budgeted Projects
22 Right-of-Way 48-XXXX Measure R 710 North projects 335,000 335,000 - - 335,000 335,000 - 335,000 - 335,000 2,135,000 11,530,000 14,000,000 23 Right-of-Way 48-0520 Huntington Drive/Mission St Beautification 1,000,000 1,000,000 - 1,000,000 - - 1,000,000 1,000,000 - 1,000,000 1,000,000 24 Civic Facilities 90-1004 Library - Computer Rm Renovation - - - - - - 25,000 25,000 2,500 22,500 - 25,000 25,000 Total- Re-Budgeted Projects 1,335,000 - 1,335,000 - 1,000,000 - 360,000 1,360,000 1,002,500 - - - - - 335,000 - - - 22,500 - 1,360,000 2,135,000 - 11,530,000 15,025,000 New Projects and Programs
25 Right-of-Way 48-NEW Alley and Parking Lot Improvement Program - - - 50,000 50,000 25,000 25,000 - 50,000 500,000 50,000 500,000 1,100,000 26 Parks and Grounds 50-NEW Huntington/Sierra Madre Red Car Parklet - - - 20,000 20,000 - 20,000 - 20,000 206,097 226,097 27 Parks and Grounds FY-234 Lacy Park Compost Station - - - 20,000 20,000 - 20,000 - 20,000 20,000 28 Parks and Grounds 50-NEW Lacy Park Parking Improvements - - - 25,000 25,000 25,000 - 25,000 25,000 29 Parks and Grounds 50-NEW Lacy Park Admissions Booth - - - - - - 25,000 25,000 25,000 - 25,000 25,000 30 Parks and Grounds 50-NEW LP Playground Management Program - - - 150,000 150,000 150,000 - 150,000 - - 150,000 31 Civic Facilities 30-NEW Evidence Awning Cover 9,500 9,500 9,500 - 9,500 9,500 32 Civic Facilities 40-NEW Enhanced Security Protection - City Hall Campus - - - - 15,000 15,000 15,000 - 15,000 15,000 33 Civic Facilities 40-NEW Citywide HVAC Upgrades - - - 500,000 500,000 - 500,000 - 500,000 500,000 34 Civic Facilities 40-NEW The Old Mill Lighting - - - - 25,000 25,000 25,000 - 25,000 25,000 35 Civic Facilities 50-NEW Holiday House Restoration - - - - - - 20,000 20,000 10,000 10,000 - 20,000 - - - 20,000 36 Civic Facilities 90-NEW Library - Barth Community Room Lighting - - - - - - 60,000 60,000 60,000 - 60,000 - - - 60,000 37 Civic Facilities 40-NEW PW Facility Renovations - - - - - - 50,000 50,000 50,000 - 50,000 50,000 Total - New Projects and Programs - - - - - - 969,500 969,500 394,500 - - - 25,000 - - 500,000 20,000 20,000 10,000 - 969,500 706,097 50,000 500,000 2,225,597 Future Projects
38 Right-of-Way 48-XXXX Public Stair Replacement - - - - - - - - 90,000 90,000 39 Parks and Grounds 50-XXXX Lacy Park Dog Park - - - - - - - - 15,000 15,000 40 Civic Facilities 40-XXXX City Hall Campus - EV Charging Stations - - - - - - - - 70,000 70,000 41 Civic Facilities 50-XXXX Original LP Restroom Renovation - - - - - - - - 20,000 20,000 42 Civic Facilities 90-XXXX Stoneman Center Renovation (TO BE DEVELOPED) - - - - - - - - - 43 Wastewater 44-XXXX Quinquennial SSMP Update - - - - - - - - 10,000 - 10,000 Total - Future Projects - - - - - - - - - - - - - - - - - - - - - 120,000 70,000 15,000 205,000 Completed Projects
44 Civic Facilities 50-XXXX Lacy Park - Emergency telephones - 13,666 13,666 15,000 - - - 15,000 - 15,000 45 Civic Facilities FY-0884 Condition Assessment - Public Buildings 12,000 16,335 28,335 7,200 - - - 7,200 - 7,200 46 Civic Facilities 36-1000 City Hall Campus - EOC improvements 18,300 18,300 18,300 - - - 18,300 - 18,300 47 Civic Facilities 30-1000 911 Dispatch Renovation - 31,907 31,907 31,907 31,907 - 31,907 48 Civic Facilities 34-1002 FS H&S Upgrades 6,236 6,236 5,963 5,963 - 5,963 49 Civic Facilities 34-1001 FS HVAC Upgrades 10,660 10,660 10,660 10,660 - 10,660 50 Civic Facilities 34-9272 Stoneman Fire Safety Project 10,665 10,665 - - - 51 Wastewater 44-8020 Sewer Master Plan -Condition Assessment - 53,583 53,583 50,000 - - - 50,000 - 50,000 52 Stormwater FY-8026 Trash Capture Filter Program 25,000 - 25,000 25,000 - 25,000 - 25,000 Total - Completed Projects 55,300 143,052 198,352 164,030

TOTALS BY PROJECT TYPE

RIGHT OF WAY
Total Right-of-Way 5,574,000 2,938,669 8,512,669 4,105,137 1,000,000 134,814 4,644,070 5,778,884 4,299,884 675,000 - 19,000 25,000 250,000 510,000 - - - - 4,105,137 5,778,884 7,054,930 4,249,000 16,144,000 37,331,951

PARKS AND GROUNDS
Total Parks System 50,000 - 50,000 10,000 - 40,000 240,000 280,000 240,000 - - - - - - - 20,000 20,000 - 10,000 280,000 206,097 - 15,000 511,097

CIVIC FACILITIES
Total Civic Facilities System 5,367,100 272,996 5,640,096 1,065,673 - 4,364,912 2,394,588 6,759,500 6,227,000 - - - - - - 500,000 - - 32,500 1,065,673 6,759,500 20,000 70,000 - 7,915,173

WASTEWATER COLLECTION SYSTEM
Total Wastewater Collection System 350,000 73,066 423,066 133,900 - 227,000 1,255,000 1,482,000 1,482,000 - - - - - - - - - - 133,900 1,482,000 825,000 812,000 1,154,000 4,406,900

STORMWATER SYSTEM
Total Stormwater System 519,605 59,606 579,211 335,106 - 114,105 1,686,000 1,800,105 1,800,105 - - - - - - - - - - 335,106 1,800,105 534,000 4,065,000 432,000 7,166,211 TOTALS - ALL GOVERNMENTAL FUNDS 11,860,705 3,344,337 15,205,042 5,649,816 1,000,000 4,880,831 10,219,658 16,100,489 14,048,989 675,000 - 19,000 25,000 250,000 510,000 500,000 20,000 20,000 32,500 5,649,816 16,100,489 8,640,027 9,196,000 17,745,000 57,331,332 Notes - - -
Re-appropriation
from FY21-22
Program Category/Project Name Total FY 22-23
Budget
FY 21-22 Capital Budget FY 22-23 Capital Budget
Original FY 21-22
Budget Modifications Total FY 21-22 Budget
Estimated Expenditure
by June 30, 2022
Re-budget from
FY21-22
New FY 22-23
Funding
Reference
Code FY 24-25 FY 25-26 HUTA
(202)
American Rescue
Plan (245)
Proposition 68
Funding (235)
SB 1383 Grant
Funds (234)
5-yr Totals
5-yr Capital Improvement Expenditure Plan
AQMD
(212) TDA Article 3 (214) Measure R (243) Donations (281) FY 21-22 FY 22-23 FY 23-24 FY 22-23 Capital Budget Funding Sources
Capital Improv
Fund (394)
Printed: 3/15/2022
FY 22-23 Capital Construction and 5-Year Forecast

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ATTACHMENT 3: LIST OF ANNUAL/ONGOING CIP

PROJECTS

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ATTACHMENT 4: LIST OF RE-APPROPRIATIONS

FOR CIP PROJECTS

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ATTACHMENT 5: LIST OF RE-BUDGETS FOR CIP

PROJECTS

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ATTACHMENT 6: PROPOSED NEW FY 2022-23

PROJECTS

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ATTACHMENT 7: PROPOSED FUTURE (2023-24

AND BEYOND) CONSTRUCTION PROJECTS

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Last Updated January 7, 2022
BUDGET CALENDAR – FY 2022-23
Potential FY 2022-23 Priority Initiatives January 28 (F) • Council will offer feedback on which future CIP items are most desirable, adding any new suggestions • Council will brainstorm new Operational Priority Initiatives for the 8 Critical Success Factors • Community engagement between January 21 and February 11 to gain input on additional potential priority initiatives
FY 2021-22 Midyear Review, Five Year Financial Forecast, and February 9 (W) FY 2022-23 Projections
• Presentation of the FY 2021-22 midyear report, Five Year Financial Forecast (General Fund and CIP), revenue and expenditure projections for FY 2022-23, and updated long term financial projection(s) Selection of FY 2022-23 Priority Initiatives February 25 (F) • Council will receive brief (1-2 sentences) summaries of all proposed items • Council will select priority initiatives for the next year • (CIP Presented to Public Safety Commission and Other Commissions/Boards, as appropriate) Capital Improvement Plan (CIP) Presentation March 18 & 25 (F) • Detailed discussion with Council related to CIP (equipment and infrastructure at different meetings) • (Draft operational budgets shared with appropriate Commissions/Boards for feedback) Preliminary Operating Budget Study Session April 22 & 29 (F) • Departments will present Programs, Goals, and Metrics • Council will offer comment and adjustments
City Manager’s Proposed Budget and Capital Improvement Plan May 27 (F) • Presentation of the proposed budget and CIP
• Either adoption by Council or final adjustments
Final Budget & CIP Adoption - Only If Needed June 8 or 24 (TBD)

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Metro
Board Report
Los Angeles County
Metropolitan Transportation
Authority
One Gateway Plaza
3rd Floor Board Room
Los Angeles, CA
File #: 2022-0115, File Type: Motion / Motion Response Agenda Number: 35.

REGULAR BOARD MEETING
FEBRUARY 24, 2022
Motion by:

DIRECTORS SOLIS, SANDOVAL, BARGER, BONIN, GARCETTI, and BUTTS Clarifying Eligible Uses for SR-710 North Mobility Improvement Projects Motion The SR-710 North Mobility Improvement Projects (MIP) were created as an alternative to the SR-710 Gap Closure project following the Board’s adoption of the Transportation System Management/Transportation Demand Management (TSM/TDM) alternative in 2017 for the SR-710 project. Since its creation, some recipients of MIP funding have expressed the desire for more flexibility, and on February 16, 2022, the Monterey Park City Council decided to forego any action related to adding lanes to Garvey Avenue under their Garvey Avenue Improvements Project in favor of seeking other improvements.

As stated in the Environmental Impact Report/ Environmental Impact Statement (EIR/EIS), the purpose of the 710 N Project is “to effectively and efficiently accommodate regional and local north ‐
south travel demands in the study area of the western San Gabriel Valley and east/northeast Los Angeles.” The purpose continues and highlights certain considerations, including “[improving the] efficiency of the existing […] transit networks, [reducing] congestion on local arterials adversely affected due to accommodating regional traffic volumes, [and minimizing] environmental impacts related to mobile sources.”
Direction from the Metro Board of Directors is necessary to clarify, based on the EIR/EIS, what kinds of MIPs are eligible for Measure R funding. This motion proposes to clarify that the following three categories of improvements are consistent with the purpose and need of the 710 N Project, support the adopted TSM/TDM alternative, and are subsequently eligible for MIP Measure R funds available for the SR-710 N Gap Closure project:
1) Bus Infrastructure Improvements: The TSM/TDM alternative includes transit service improvements which support efficiency of existing transit networks as stated in the project purpose.
2) Bikeway Improvements: The EIR/EIS TSM/TDM alternative includes Class III bike route projects. Recipients of MIP funding should also be able to implement standalone Class I, II or IV bikeways.

Metro Page 1 of 2 Printed on 2/18/2022
powered by Legistar™

File #: 2022-0115, File Type: Motion / Motion Response Agenda Number: 35. 3) Pedestrian Improvements: The EIR/EIS states that TSM “… encourages automobile, public and private transit, ridesharing programs, and bicycle and pedestrian improvements as elements of a unified urban transportation system.” Pedestrian improvements make it easier and more appealing to walk and run to and from destinations, thereby increasing potential for mode shift and congestion reduction. Pedestrian improvements are encouraged as part of any comprehensive TSM strategy and contribute to a comprehensive transportation system that promotes non-vehicular travel.

If recipients of MIP funding propose projects that require vehicular lane reductions, they should first demonstrate that the project is consistent with the purpose and need of the 710 N Project. Guidance issued by Metro should be utilized to ensure consistency.

SUBJECT: CLARIFYING ELIGIBLE USES FOR SR-710 NORTH MOBILITY IMPROVEMENT

PROJECTS MOTION

RECOMMENDATION
APPROVE Motion by Directors Solis, Sandoval, Barger, Bonin, Garcetti, and Butts that directs the CEO to take the following actions:

A. Find that new mobility improvement are eligible as both standalone projects and as components of larger projects, as follows:
· On-street bus priority infrastructure including but not limited to bus lanes, signal prioritization, queue jumps, bus boarding islands/curb extensions, and bus stop improvements.
· Class I, II, III or IV bikeway projects.
· Sidewalk improvements, including but not limited to, widening, shade trees, and curb ramps.
· Pedestrian safety improvements, including but not limited to bulb-outs, refuge islands, midblock crossings, pedestrian signals/beacons, raised intersections/pedestrian crossings, and scramble crosswalks.
· Any recipient of MIP Measure R funding that proposes a project which requires a reduction in vehicle lanes should first make a determination that the proposed project is consistent with the purpose and need of the 710 N Project. The determination should be based on guidance issued by Metro.

B. Provide recipients of MIP Measure R funding the opportunity to revise scopes of work or propose a replacement project if recipients intend to take advantage of the eligible uses clarified through this motion.

C. Report back in May 2022 with draft guidance that MIP Measure R funding recipients can refer to when proposing projects that require a reduction in vehicle lanes. This guidance should ensure that all proposed projects are consistent with the purpose and need of the 710 N Project.

Metro Page 2 of 2 Printed on 2/18/2022
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STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Safe Community
• Fiscally Responsible and Transparent City Government

BACKGROUND
The San Marino Police Department is requesting the purchase of a camera surveillance system with intercom, mechanical door locks, and a rear gate receiver for the police facility and parking lot. The camera surveillance and intercom system that is currently installed inside the Police Department is over 15 years old and no longer functional. To ensure the continued safety and security of the Police Department facility including its courtyard access doors, and rear city hall parking area, it is recommended that the system be completely replaced and a security gate installed.

DISCUSSION
The need for a modern camera surveillance system with intercom system is paramount in ensuring the safety of the employees, primarily the police dispatchers who are in the station alone at nights and on weekends. The existing system no longer allows police dispatchers to see who has entered the front lobby, nor communicate with or view city employees or visitors at any of the other three police facility entrances. The San Marino Police Department also utilizes the surveillance system to record victim and witness interviews inside the department for investigative purposes. Additionally, without the working surveillance cameras and intercom, the police dispatchers are not able to verify vehicles at the back gate and are delayed in allowing TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: John Incontro, Police Chief
Tim Tebbetts, Police Commander
DATE: March 25, 2022
SUBJECT: APPROVAL OF PURCHASE FROM AAA NETWORK SOLUTIONS

FOR A CAMERA SURVEILLANCE AND INTERCOM SYSTEM AND
APPROPRIATION OF $75,023 FROM THE CAPITAL RESERVES
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

vendors access to the rear parking lot for deliveries to the Police Department, Public Works, or the Fire Department. A camera surveillance system also protects city assets such as the police vehicles, evidence room, and range storage room. A surveillance system will also provide general liability protection against civil litigations through injuries and falls at public facilities.

The purchase of a new surveillance system was unable to be added to the 2021-2022 fiscal budget due to time constraints. From October 2020 through December of 2020 the Communications Center had a complete remodel. The first stage of the remodel included upgrading the electrical box, electrical lines, and outlets. During this remodel the existing surveillance system was removed, along with the intercom system and rear gate control. It was understood when the new communications desks and computers were installed the surveillance system, intercom system, and rear gate control would be replaced. In June of 2021 the communication center desks were installed but none of the surveillance system and other components were. It was determined during that work that due to age and obsolescence, the electrical lines for the surveillance system, intercom, and rear gate control should be replaced.

Consequently, the Police Department solicited for competitive bids to replace the existing system with 11 cameras placed inside and outside of the Police Department, 5 locations with intercom capabilities, and a rear gate receiver, with a one year of cloud storage video retained per camera and a five year license. After contacting 5 companies, only AAA Network Solutions expressed interest in providing and installing the system. Staff reviewed their security credentials and recommends them because AAA Network Solutions has demonstrated experience in providing security surveillance to large companies and city governments. AAA Network Solutions provided a quote to use Verkada cameras after doing an on-site inspection. Verkada cameras was selected because the company is recognized as a leader in the security surveillance industry, and the only company with the technological advancement in cloud-based access and storage. Verkada’s cloud-based access control integrates seamlessly with video security to provide users with real-time footage of access events. All cameras include built-in video retention, including options up to 365 days of continuous recordings while creating an automatic cloud backup storage. Verkada devices are compliant with some of the strictest data handling and security standards.

Intelesys, the City’s IT provider, met with members of AAA Network Solutions and Verkada to discuss the type of cameras being installed and the security of the cloud based service being offered. Intelesys did not have any concerns relating to either the safety of the cameras or cloud based technology.

Additionally, to ensure the maximum protection for night-duty police personnel, a security gate with a card-reader pad is recommended to be installed between the emergency operations center (EOC) courtyard and the City Hall parking area.

FISCAL IMPACT & PROCUREMENT REVIEW
The total fiscal impact is $75,022.90 to purchase 11 cameras and a 5 year license agreement, and install a security gate. The cost of the capital expense requires City Council to appropriate funding from capital reserve funds. A fee of an estimated $1,300 per year will occur after the fifth year for the required license and cloud storage. The table below provides the various equipment requests:

Equipment Cost
Verkada Cameras with 5 year
licensing
$39,998.87
Intercom and Airphone $20,024.03
Security gate $15,000.00
TOTAL $75,022.90
The Finance Director has reviewed this report and determined this is in accordance with S.M.C.C.

02.06.05.B.2 as the best interests of the City are served by dispensing with the competitive bidding, as AAA Network Solutions was the only company to provide a quote after doing an onsite inspection. The Parks and Public Works Department will solicit competitive bids for the security gate, which is estimated to cost less than $15,000 and would also be expensed from the Capital Improvement Fund reserves.

LEGAL REVIEW
The City Attorney has approved this staff report as to form.

RECOMMENDATION
Staff recommends that the City Council approve the purchase and installation of a surveillance system using Capital Improvement Project Reserve Funds. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the purchase and installation of a camera surveillance and intercom system from AAA Network Solutions, solicit bids for a security gate, authorize the City Manager to execute contracts for both, and appropriate $75,023 to account 394-30-4600-0887 (PD Surveillance System) from the capital reserves funds for the work.”

ATTACHMENTS

1. Memo from Chief Incontro to Finance Director Chung

2. AAA Network Solutions Service Agreement

TO:

FROM:

DATE:

City of San Marino
Memorandum
John
Tim
Paul
Tebbetts,
Chung,
lncontro,
Finance
Commander
Chief
Directo
of Polic
r @
March 25, 2022
SUBJECT: APPROVAL TO PURCHASE SUREVEILLENCE SYSTEM FROM AAA

NETWORK SOLUTIONS

BACKGROUND
The San Marino Police Department is requesting the purchase of a camera surveillance system with intercom, mechanical door locks, and a rear gate receiver for the police facility and parking lot. The camera surveillance and intercom system that is currently installed inside the Police Department is over 15 years old and no longer functional. To ensure the continued safety and security of the Police Department facility and rear city hall parking area, it is recommended that it be completely replaced.

Bidder Price
AAA Network Solutions $60,022.90
San Marino Security Not responsive to request
SDS Security Not responsive to request
Three Factor Security Not responsive to request
NIC Partners Not responsive to request

Staff has determined that AAA Network Solutions, is the best vendor for this purchase, given that they were the only vendor responsive to the request. As such, a waiver of bidding requirements is appropriate. This meets the City's Municipal Code Section 02.06.05 Procurement of Goods, Services and Contracts for Public Projects.

The cost for AAA Network Solutions proposal is $ 60,022.90. The San Marino Police Department has determined funding would need to be transferred from capital reserves to Account# 394- 30-4600-0887 to cover the cost of the proposal. Given the size of the expenditure, the Department is requesting authorization from the Finance Director before proceeding with the project.

If the Director concurs with this assessment, staff recommends authorizing the Police Department to proceed with the proposal from AAA Network Solutions.

ATTACHMENTS
I. Proposal from AAA Network Solutions

www.aaansi.com
License# 938689
8401 Page St. 714.484.2711 phone
Buena Park, CA 90621 866.663.3758 fax

GENERAL SERVICE AGREEMENT
THIS GENERAL SERVICE AGREEMENT (the "Agreement") dated this 26th day of Janurary, 2022

BETWEEN
San Marino Police Department (the "Customer")
- AND -
AAA Network Solutions, Inc. of 8401 Page St. Buena Park, CA 90621 (the "Service Provider"), a licensed contractor with the State of California; license# 938689.

BACKGROUND:

A. The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer.

B. The Service Provider is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Service Provider (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

1. Services Provided
The Customer hereby agrees to engage the Service Provider to provide the Customer with services (the "Services") consisting of:
o See attached summary cost proposal for $60,022.90

1. CCTV Installation (5-yr License) & Access Control
The Services will also include any other tasks which the Parties may agree on. The Service Provider hereby agrees to provide such Services to the Customer.

2. Term of Agreement

www.aaansi.com
License# 938689
8401 Page St. 714.484.2711 phone
Buena Park, CA 90621 866.663.3758 fax
The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.

Except as otherwise provided in this Agreement, the obligations of the Service Provider will terminate upon the earlier of the Service Provider ceasing to be engaged by the Customer or the termination of this Agreement by the Customer or the Service Provider.

3. Performance
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

4. Currency
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).

5. Compensation
For the services rendered by the Service Provider as required by this Agreement, the Customer will provide compensation (the "Compensation") to the Service Provider of $60,022.90 The Compensation will be payable upon the following terms:

Payment in full is due NET30 from completion.

6. Additional Compensation
In addition to the Compensation, the Service Provider will be entitled to the following additional compensation for performing the Services:
o Approved change order work

7. Provision of Extras
The Customer will not provide any assistance or extras for use by the Service Provider in providing the Services.

8. Reimbursement of Expenses
(deleted)

www.aaansi.com
License# 938689
8401 Page St. 714.484.2711 phone
Buena Park, CA 90621 866.663.3758 fax

9. Ownership of Materials and Intellectual Property
All intellectual property and related materials (the "Intellectual Property") including any related work in progress that is developed or produced under this Agreement, will be the property of the Service Provider. The Customer is granted a non-exclusive limited-use license of this Intellectual Property.

Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Service Provider.

10. Capacity/Independent Contractor
In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

11. Notice
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
a. Michael Throne
Public Works Director/City Engineer
2200 Huntington Drive San Marino, CA 91108
Email: [email protected]
b. AAANetwork Solutions, Inc.
8401 Page St
Buena Park, CA, 90621
Email: [email protected]
or to such other address as any Party may from time to time notify the other.

12. Limitation of Liability
It is understood and agreed that the Service Provider will not be liable to the Customer or any agent or associate of the Customer, for any mistake or error in judgment or for any act or omission done in good faith and believed to be within the scope of authority conferred or implied by this Agreement.

13. Costs and Legal Expenses

www.aaansi.com
License# 938689
8401 Page St. 714.484.2711 phone
Buena Park, CA 90621 866.663.3758 fax
In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.

14. Modification of Agreement
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

15. Time of the Essence
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

16. Assignment
The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.

17. Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

18. Enurement
This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.

19. Titles/Headings
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

20. Gender
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

21. Governing Law
It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in

www.aaansi.com
License# 938689
8401 Page St. 714.484.2711 phone
Buena Park, CA 90621 866.663.3758 fax
accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of California, without regard to the jurisdiction in which any action or special proceeding may be instituted.

22. Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

23. Waiver
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this 26th day of Janurary, 2021.

Michael Throne (Customer)
Per:______________________
AAA Network Solutions, Inc. (Service Provider)
Per:______________________, Keith Hippard, Vice President

Form W-9 Request for Taxpayer Give Form to the
(Rev. October 2018) Identification Number and Certification requester. Do not Department of send to the IRS. the Treasuy
Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return}. Name is required on this line: do not leave this line blank.

AAA Network Solutions Inc.
2 Business name/disregarded entity name, if different from above c-i
Q) 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to 0) following seven boxes. certain entities, not individuals; see instructions on page 3):
0 C: □ Individual/sole proprietor or D C Corporation 0 S Corporation D Partnership D TrusVestate . "' single-member LLC
Q) C: Exempt payee code (if any}
a. 0
�.:; □ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership} ► .. ::s 0 .. Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is Exemption from FA TCA reporting C ti code (if any) ·t: .s another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that Q. 0 is disregarded from the owner should check the appropriate box for the tax classification of its owner. ·o □ Other (see instructions) ► (AptJ/ies to accounts maintained outs,de trie U. $.) a.
(/) 5 Address (number, street, and apt. or suite no.} See instructions. Requester's name and address (optional} Q)
Q) 8401 Paae Street
6 City, state, and ZIP code
Buena Park, CA 90621
7 List account number(s) here (optional)
■:.F.T , .. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For 1nd1v1duals, this 1s generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

I Social security number I
[lJJ -[D -I I I I I . . . . . . . .
or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

I Employer identification number
61 -1 5976 02
Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA). and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign
Here
Signature of
U.S. person ►
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (!TIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)
Cat. No. 10231X
Date ►
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1 099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Form W-9 (Rev. 10-2018)

San Marino Police Department San Marino Police Department Descriptions MFTR. Part Number Unit QTY Unit Cost Ext.

Material Ext. Labor Sales Tax Sub-Total
Verkada Equipment Sites= 1
CD41 Indoor Dome Camera, 365 Days Verkada CD41-365-HW EA 3 $1,859.38 $5,578.14 $480.00 $529.92 $6,719.82 CD51-E Outdoor Dome Camera, 365 Days Verkada CD51-365-HW EA 8 $2,107.38 $16,859.04 $1,280.00 $1,601.61 $20,135.46 5 Year Camera License Verkada LIC-5Y EA 11 $557.38 $6,131.18 $0.00 $582.46 $6,847.91 3/4" EMT Conduit Installation AAA AAA EA 60 $5.00 $300.00 $1,260.00 $28.50 $1,620.27 Single Cat 6 RJ45 Jack - Closet Uniprise Uniprise EA 11 $6.00 $66.00 $132.00 $6.27 $208.36 Cat 6 Plugs Uniprise Uniprise EA 11 $2.00 $22.00 $88.00 $2.09 $114.33 Cat 6 Patch Panel - 24 Port - Unloaded Uniprise Uniprise EA 1 $85.00 $85.00 $80.00 $8.08 $176.54 Cat 6 Data Patch Cable - 3' Uniprise Uniprise EA 11 $6.00 $66.00 $44.00 $6.27 $118.60 Cat 6A CMR Data Cable Siemon Misc. FT 2200 $0.18 $396.00 $1,760.00 $37.62 $2,237.49 System Labeling, Testing & Certification AAA AAA EA 11 $0.50 $5.50 $176.00 $0.52 $185.66 End-User Site Training AAANSI Services EA 1 $0.00 $0.00 $210.00 $0.00 $214.20 Camera configuration AAANSI Services EA 1 $0.00 $0.00 $630.00 $0.00 $642.60 CAD Drawing & Asbuilt Drawing AAANSI Services EA 1 $25.00 $25.00 $315.00 $2.38 $349.22 Project Management AAANSI Services EA 1 $0.00 $0.00 $420.00 $0.00 $428.40 Material Sub-Total $29,533.86
Sales Tax $2,805.72
Labor Sub-Total $6,875.00
Final Bonds $784.29
Grand-Total $39,998.87
CCTV Installation (365 Day)
San Marino Police Department
Bid Date:

N/A

San Marino PD-AIPHONE San Marino Police Department
Access Control Installation Proposal
Descriptions MFTR. Part Number Unit QTY Unit Cost Ext.

Material Ext. Labor Total
Cabling & Materials Sites= 1
Single Cat 6 RJ45 Jack - Closet Uniprise UNJ600-BL EA 6 $6.00 $36.00 $67.50 $106.92 Single Cat 6 RJ45 Plug - Station Uniprise Misc. EA 6 $6.00 $36.00 $67.50 $106.92 Cat 6 patch panel - 24-port Uniprise UNP-6A-DM-1U-24 EA 1 $75.00 $75.00 $75.00 $157.13 Cat 6 Data Patch Cable - 3' Uniprise 3BLU-C6MB EA 7 $6.00 $42.00 $52.50 $98.49 Cat 6 Data Cable Uniprise UN884019904/10 FT 3000 $0.28 $840.00 $2,700.00 $3,619.80 Cable Attachment Units Caddy Cat32 EA 30 $4.00 $120.00 $450.00 $581.40 18 Gauge 2 Conductor Solid bare copper Aiphone 871802 FT 300 $0.15 $45.00 $1,125.00 $1,174.28 System Labeling, Testing & Certification AAANSI Services EA 6 $0.75 $4.50 $112.50 $117.43 Access Control
IP Video Master Station, SIP Compatible, with 7"
Touchscreen, Privacy Handset, Black Aiphone IX-MV7-HW EA 1 $967.73 $967.73 $150.00 $1,209.66 IP Video Door Station, 1 Call Buttons, SIP Compatible, Vandal Resistant, Flush Mount Aiphone IX-DV EA 4 $783.08 $3,132.32 $600.00 $4,029.89 IPW-1VC 2-Wire Video Adapter Aiphone IPW-1VC EA 1 $462.09 $462.09 $150.00 $655.99 IX-EA IP Video Door Station Aiphone IX-EA EA 1 $758.68 $758.68 $300.00 $1,130.75 12V DC Power Supply, 2.5A, UL Listed Aiphone PS-1225UL FT 1 $68.30 $68.30 $0.00 $74.79 Electric Door Strike Installation Von Duprin Misc. EA 3 $345.00 $1,035.00 $337.50 $1,470.83 Wireless Smart Receiver GD&G Misc. EA 1 $1,897.50 $1,897.50 $0.00 $2,077.76 Surface Mount Raceway Installation AAANSI Services FT 100 $6.00 $600.00 $1,425.00 $2,082.00 Testing , Acceptance & Configurations AAANSI Engineering EA 1 $0.00 $0.00 $760.00 $760.00 CAD Drawing & Asbuilt Drawing AAANSI Engineering EA 1 $0.00 $0.00 $190.00 $190.00 Project Management AAANSI Management EA 1 $0.00 $0.00 $380.00 $380.00 Material Sub-Total $10,120.12
Sales Tax 10% $961.41
Labor Sub-Total $8,942.50
Grand-Total $20,024.03
*Please Note Wireless Smart Receiver is NOT part of the AIPHONE system and is a stand alone system * Cost Proposal
San Marino PD-AIPHONE Installation
Bid Date:

N/A

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

BACKGROUND
On February 28, 2022, the City terminated its Professional Services Agreement with USA Management, Inc., ending the two-year service contract for aquatics program management with 5 months remaining. As a result, the Recreation Division will immediately resume direct responsibility for an in-house aquatics program, including program revenue, personnel management, staff training, facility rental from San Marino Unified School District, materials, and supplies.

DISCUSSION
In order to offer a City-operated aquatics program during the 2022 summer season, a budget appropriation of $53,516 must be approved. It is estimated that this program will add $14,568 of revenue to offset the costs to run the program. The budget adjustments will cover the aquatics program until June 30, 2022. The remaining summer season aquatics program costs will be included with the FY 2022-23 proposed operating budget.

TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Cathi Johnson, Community Services Director
Paul Chung, Finance Director
DATE: March 25, 2022
SUBJECT: APPROVAL OF AN INCREASE TO FY 2021-22 AQUATICS

PROGRAM EXPENDITURE BUDGET APPROPRIATION BY
$53,516, AN INCREASE IN AQUATICS PROGRAM FEE REVENUES
BY $14,568, THE REVISED COMMUNITY SERVICES

DEPARTMENT FULL TIME EQUIVALENT TOTAL, AND AN
UPDATE TO THE CITY’S PART TIME SALARY SCHEDULE TO

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

Please note that due to a compressed timeframe for program planning and staff recruitment, a modified aquatics program plan may be necessary (4-5 days/week); however, the goal will be a full 7 days/week program, as historically offered. With that said, staffing levels, in conjunction with customer demand, will dictate overall program offerings for the season. See the proposed schedule below:

Proposed 5-week Pool Schedule
May 31 – June 30
Program Weekdays Weekends
Lap Swimming 9 - 10 AM
Group Swim Lessons 11 AM - 2 PM
Recreational Swim 2 – 4 PM 2 – 4 PM
Private Swim Lessons 10 AM – 1 PM
Adding the aquatics program will add 2,517 personnel hours, or 1.21 full time equivalents (FTE).

This will increase the number of FTE’s in the Community Services Department to 32.45 FTE’s.

When the aquatics section was removed from the Community Services Department in FY 2020- 21, the positions of Water Safety Instructor and Lifeguard were removed from the City’s approved Salary Schedule. Staff is requesting that these two positions be added back to the Salary Schedule, which is included on the updated Salary Schedule (Attachment 2). The Water Safety Instructor position was adjusted by 2% from its 2020 hourly rates to reflect hourly rates of similar positions, such as the Recreation Specialist. The Lifeguard position hourly rate was adjusted to reflect the $15.00 minimum wage in California and to be comparable to the Recreation Program Leader position.

FISCAL IMPACT & PROCUREMENT REVIEW
If the Council approves bringing back the aquatics section to the Community Services Department, $53,516 of previously unbudgeted expenditures are required, as well as a budget amendment of $14,568 for aquatics program fee revenues. The table below provides the budget appropriations that are necessary to fund the section:

*Part-Time Salaries include $100 per Lifeguard or Water Safety Instructor ‘Incentive Pay’ as a one-time bonus to encourage people to work for the City’s summer aquatics program. The $100 will be included in the final paycheck to the Lifeguard or Water Safety Instructor who works the entire summer. Of the 1.21 FTE increase mentioned above, the Lifeguards and Water Safety Instructors account for .81 FTE, or a headcount of 20. As a result, the total cost of the incentive is approximately $2,000.
**Amount previously budgeted, but not spent for the USA Management, Inc. contract under Account 101-68-4150-0000 will be transferred to Account 101-61-4002-0000 to cover Part-Time Salaries.

Procurement review is not applicable to this report.

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

RECOMMENDATION
Staff recommends the Council reinstate the aquatics section of the Community Services Department. If the City Council concurs with staff’s recommendation, an appropriate motion would be:

Account Name Account Number Amount
Expenditures
Part-Time Salaries 101-61-4002-0000 55,179 $ *
Medicare 101-61-4006-0000 771
Retirement-PARS 101-61-4008-6050 1,552
Retirement-PERS 101-61-4008-6160 1,368
Facility Rental 101-61-4324-0000 996
Materials & Supplies 101-61-4376-0000 2,910
Uniforms 101-61-4492-0000 3,700
Less: Balance of USA Management,
Inc. Contract 101-68-4150-0000 (12,960) Budget Transfer ** Total Expenditures: $ 53,516
Revenues
Aquatic Program Fees 101-61-3336-0000 14,568 $ Program Revenues

“I move to (1) reinstate the aquatics section of the Community Services Department; (2) approve Resolution No. R-22-14 approving the updated 2022 Salary Schedule; and (3) amend the City’s Fiscal Year 2021-22 budget as noted in the Staff Report.”

ATTACHMENTS

1. Resolution No. R-22-14

2. Salary Schedule dated March 25, 2022

RESOLUTION NO. R-22-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA, APPROVING THE
UPDATED 2022 SALARY SCHEDULE
WHEREAS, Section 02.05.01(A) of the San Marino Municipal Code (“Code”) provides that salary and benefits plans for employees are a part of the City’s personnel rules and regulations when approved by resolution of the City Council; and
WHEREAS, Section 02.05.01(D) of the Code provides that the City Manager shall prepare salary and benefit schedules for presentation to the City Council;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The Salary Schedule dated March 25, 2022, which is attached hereto and made a part hereof by this reference shall be adopted as the salary schedule for all employees in the City of San Marino effective March 25, 2022.

SECTION 2. The “Salary Schedule” shall become a part of the City’s personnel rules and regulations.

SECTION 3. This Resolution supersedes the provisions of any prior resolution that established a salary schedule for employees in the City of San Marino.

PASSED, APPROVED, AND ADOPTED on this 25th day of March, 2022. ______________________________________

SUSAN JAKUBOWSKI, MAYOR

CITY OF SAN MARINO
ATTEST:
__________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO

CITY OF SAN MARINO RESOLUTION NO. R-22-14
PAGE 2 OF 2

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SAN MARINO )
I, Christina Baker, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-22-14 was adopted by the City Council of the City of San Marino on the 25th day of March, 2022, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO

CITY OF SAN MARINO

SALARY SCHEDULE
Effective March 25, 2022
Approved by Resolution No. 22-14
Classification Class Type Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Mayor Elected Official -- -- -- -- -- -- -- -- -- --
Vice Mayor Elected Official -- -- -- -- -- -- -- -- -- -- Council Member Elected Official -- -- -- -- -- -- -- -- -- -- City Treasurer Appointed Official -- -- -- -- -- -- -- -- -- -- City Manager Executive Mgmt -- -- -- -- -- -- -- -- $18,237 $105.22 Chief of Police Executive Mgmt $13,139 $75.80 -- -- -- -- -- -- $17,033 $98.27 Fire Chief Executive Mgmt $13,139 $75.80 -- -- -- -- -- -- $17,033 $98.27 Assistant City Manager Executive Mgmt $12,242 $70.63 -- -- -- -- -- -- $15,550 $89.71 Community Development Director Executive Mgmt $11,958 $68.99 -- -- -- -- -- -- $15,181 $87.58 Finance Director Executive Mgmt $11,958 $68.99 -- -- -- -- -- -- $15,181 $87.58 Human Resources Director Executive Mgmt $11,958 $68.99 -- -- -- -- -- -- $15,181 $87.58 Parks & Public Works Dir./City Eng. Executive Mgmt $11,958 $68.99 -- -- -- -- -- -- $15,181 $87.58 Community Services Director Executive Mgmt $10,522 $60.71 -- -- -- -- -- -- $13,304 $76.75 Assistant to the City Manager Executive Mgmt $8,363 $48.25 -- -- -- -- -- -- $10,427 $60.16 Police Commander Management $11,438 $65.99 -- -- -- -- -- -- $14,520 $83.77 Fire Division Chief Management $11,035 $63.67 -- -- -- -- -- -- $14,009 $80.82 Police Captain Management $11,035 $63.67 -- -- -- -- -- -- $14,008 $80.82 Police Lieutenant Management $9,766 $56.34 -- -- -- -- -- -- $12,472 $71.96 Public Works Division Manager Management $8,355 $48.21 -- -- -- -- -- -- $10,439 $60.22 Accounting Manager/ Controller Management $8,363 $48.25 -- -- -- -- -- -- $10,427 $60.16 City Librarian Management $8,363 $48.25 -- -- -- -- -- -- $10,427 $60.16 Human Resources Manager Management $8,363 $48.25 -- -- -- -- -- -- $10,427 $60.16 Police Records Manager Management $8,363 $48.25 -- -- -- -- -- -- $10,427 $60.16 Recreation Manager Management $8,363 $48.25 -- -- -- -- -- -- $10,427 $60.16 Code Enforcement Manager Management $7,773 $44.85 -- -- -- -- -- -- $9,715 $56.05 Fire Captain Fire - Sworn $8,760 $36.00 $9,198 $37.80 $9,658 $39.69 $10,141 $41.67 $10,649 $43.76 Fire Engineer Fire - Sworn $7,898 $32.46 $8,293 $34.08 $8,707 $35.79 $9,143 $37.57 $9,600 $39.29 Firefighter/Paramedic Fire - Sworn $7,825 $32.16 $8,216 $33.76 $8,627 $35.45 $9,058 $37.23 $9,511 $39.09 Firefighter Fire - Sworn $7,113 $29.23 $7,469 $30.70 $7,842 $32.23 $8,235 $33.84 $8,646 $35.53 Police Sergeant Police - Sworn $8,546 $49.31 $8,974 $51.77 $9,422 $54.36 $9,893 $57.07 $10,388 $59.93 Police Corporal Police - Sworn $7,144 $41.22 $7,501 $43.28 $7,876 $45.44 $8,270 $47.71 $8,684 $50.10 Police Officer Police - Sworn $6,802 $39.24 $7,142 $41.20 $7,499 $43.26 $7,874 $45.43 $8,268 $47.70 Step A Step B Step C Step D Step E

CITY OF SAN MARINO

SALARY SCHEDULE
Effective March 25, 2022
Approved by Resolution No. 22-14
Classification Class Type Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Step A Step B Step C Step D Step E
City Clerk General $7,072 $40.80 $7,425 $42.84 $7,796 $44.98 $8,186 $47.23 $8,769 $50.59 Senior Planner General $7,072 $40.80 $7,425 $42.84 $7,796 $44.98 $8,186 $47.23 $8,769 $50.59 Recreation Supervisor General $6,392 $36.88 $6,712 $38.72 $7,047 $40.66 $7,400 $42.69 $7,919 $45.69 Associate Planner General $6,250 $36.06 $6,562 $37.86 $6,890 $39.75 $7,235 $41.74 $7,629 $44.02 Librarian III General $6,092 $35.15 $6,397 $36.91 $6,717 $38.75 $7,052 $40.69 $7,404 $42.72 Building Inspector II General $6,012 $34.68 $6,328 $36.51 $6,661 $38.43 $7,012 $40.45 $7,380 $42.58 Librarian II General $5,953 $34.34 $6,251 $36.06 $6,563 $37.86 $6,891 $39.76 $7,235 $41.74 Management Analyst General $5,868 $33.85 $6,161 $35.54 $6,469 $37.32 $6,792 $39.19 $7,159 $41.30 Shop Foreman General $5,835 $33.67 $6,127 $35.35 $6,433 $37.11 $6,755 $38.97 $7,093 $40.92 Park Foreman General $5,752 $33.19 $6,055 $34.93 $6,374 $36.77 $6,709 $38.71 $7,063 $40.75 Street Foreman General $5,752 $33.19 $6,055 $34.93 $6,374 $36.77 $6,709 $38.71 $7,063 $40.75 Assistant Planner General $5,595 $32.28 $5,875 $33.90 $6,169 $35.59 $6,477 $37.37 $6,829 $39.40 Code Enforcement Officer General $5,433 $31.35 $5,705 $32.91 $5,990 $34.56 $6,289 $36.28 $6,714 $38.73 Urban Forester General $5,188 $29.93 $5,447 $31.42 $5,719 $33.00 $6,005 $34.65 $6,328 $36.51 Bldg. & Planning Assistant General $5,056 $29.17 $5,314 $30.66 $5,585 $32.22 $5,870 $33.87 $6,171 $35.60 Administrative Assistant General $4,767 $27.50 $5,005 $28.88 $5,255 $30.32 $5,518 $31.84 $5,826 $33.61 Building Inspector I General $4,716 $27.21 $4,956 $28.59 $5,209 $30.05 $5,475 $31.59 $5,752 $33.19 Maintenance Worker III General $4,716 $27.21 $4,956 $28.59 $5,209 $30.05 $5,475 $31.59 $5,752 $33.19 Accountant I General $4,685 $27.03 $4,924 $28.41 $5,173 $29.84 $5,438 $31.38 $5,716 $32.98 Police Recruit General $4,668 $26.93 $4,901 $28.28 $5,146 $29.69 $5,404 $31.18 $5,674 $32.74 Permit Technician General $4,667 $26.92 $4,900 $28.27 $5,145 $29.68 $5,402 $31.17 $5,673 $32.73 Police Dispatcher/Clerk General $4,652 $26.84 $4,884 $28.18 $5,129 $29.59 $5,385 $31.06 $5,654 $32.62 Executive Secretary General $4,537 $26.17 $4,764 $27.49 $5,002 $28.86 $5,252 $30.30 $5,535 $31.93 Senior Account Clerk General $4,462 $25.75 $4,690 $27.06 $4,928 $28.43 $5,180 $29.89 $5,443 $31.40 Tree Trimmer II General $4,444 $25.64 $4,669 $26.93 $4,911 $28.33 $5,160 $29.77 $5,421 $31.28 Police Records Clerk General $4,406 $25.42 $4,627 $26.69 $4,858 $28.03 $5,101 $29.43 $5,373 $31.00 Gardener II General $4,357 $25.14 $4,579 $26.42 $4,812 $27.76 $5,057 $29.18 $5,314 $30.66 Librarian I General $4,270 $24.64 $4,488 $25.89 $4,717 $27.22 $4,958 $28.61 $5,210 $30.06 Recreation Coordinator General $4,265 $24.60 $4,482 $25.86 $4,710 $27.18 $4,951 $28.56 $5,203 $30.02 Maintenance Worker II General $4,200 $24.23 $4,410 $25.44 $4,630 $26.71 $4,862 $28.05 $5,104 $29.45 Park Leadman General $4,146 $23.92 $4,357 $25.14 $4,580 $26.42 $4,813 $27.77 $5,057 $29.18 Permit Technician II General $4,144 $23.91 $4,351 $25.10 $4,569 $26.36 $4,797 $27.68 $5,040 $29.08 Maintenance Worker I General $3,968 $22.89 $4,170 $24.06 $4,390 $25.33 $4,620 $26.65 $4,851 $27.99 Tree Trimmer I General $3,934 $22.70 $4,134 $23.85 $4,343 $25.06 $4,564 $26.33 $4,799 $27.69

CITY OF SAN MARINO

SALARY SCHEDULE
Effective March 25, 2022
Approved by Resolution No. 22-14
Classification Class Type Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Step A Step B Step C Step D Step E
Account Clerk General $3,865 $22.30 $4,059 $23.41 $4,261 $24.59 $4,475 $25.82 $4,698 $27.10 Gardener I General $3,752 $21.64 $3,944 $22.75 $4,146 $23.92 $4,357 $25.14 $4,579 $26.42 Park Maintenance General $3,752 $21.64 $3,944 $22.75 $4,146 $23.92 $4,357 $25.14 $4,579 $26.42 Library Clerk III General $3,606 $20.80 $3,789 $21.86 $3,982 $22.97 $4,187 $24.16 $4,398 $25.37 Clerk Typist II General $3,613 $20.85 $3,794 $21.89 $3,984 $22.99 $4,183 $24.13 $4,391 $25.33 Groundsman General $3,500 $20.19 $3,679 $21.23 $3,865 $22.30 $4,062 $23.44 $4,270 $24.64 Clerk Typist I General $2,811 $16.22 $2,954 $17.05 $3,106 $17.92 $3,264 $18.83 $3,429 $19.78 Child Development Specialist General $22.03 $23.13 $24.30 -- -- Pool Manager General $22.03 $23.13 $24.30 -- --
Professional Intern General $19.87 $20.87 $21.91 -- --
Assistant Pool Manager General $19.29 $20.25 $21.27 -- -- Maintenance Assistant General $18.58 $19.51 $20.49 -- -- Recreation Specialist General $17.56 $18.43 $19.35 -- -- Water Safety Instructor General $17.56 $18.43 $19.35 -- -- Library Assistant General $17.37 $18.24 $19.15 -- --
Library Monitor General $16.56 $17.39 $18.26 -- --
Police Cadet General $16.33 $17.15 $18.01 -- --
Library Clerk General $15.18 $15.94 $16.74 -- --
Library Page General $15.00 $15.75 $16.54 -- --
Park Attendant General $15.00 $15.75 $16.54 -- --
Recreation Program Leader General $15.00 $15.75 $16.54 -- -- Lifeguard General $15.00 $15.75 $16.54 -- --
Note: Part-time positions max out at Step C

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

BACKGROUND
Code enforcement is a critical program in the City of San Marino and is called upon to preserve the beautiful quality of life that our residents are accustomed to. Over the last several years, the City has taken steps to strengthen code enforcement activities, most recently adding an additional City vehicle and full-time staff person. However, there is much work to do. Several months ago, the City Manager requested that our office review the City’s existing code provisions and make recommendations for improvement.

DISCUSSION
Having reviewed the enforcement provisions of the City’s municipal code, and in discussions with the City’s code enforcement personnel, the City Attorney’s office has drafted the attached ordinance in order to better enable the City to preserve the City’s neighborhoods.

The goal of code enforcement is compliance with the City’s municipal code. In most instances, compliance is achieved through outreach and education. Generally, property owners and tenants are willing to remedy any noncompliance with a few interactions with City staff. However, in some instances, additional tools are required to obtain compliance.

TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Joseph Montes, City Attorney
DATE: March 25, 2022
SUBJECT: APPROVAL OF ORDINANCE NO. O-22-1389 (FIRST READING) UPDATING CHAPTERS 1.04, 1.06, AND 8.02 REGARDING PUBLIC

NUISANCES, ADMINISTRATIVE CITATIONS, AND

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

The four primary enforcement tools include:

1. Administrative citations—issued by City Code Enforcement personnel, these are essentially “tickets” that include fines. An administrative appeal is available to challenge these citations.

2. Criminal prosecution—this includes criminal filings as infractions (again, a ticket with a fine) or misdemeanors (fine and jail potentially).

3. Nuisance Abatement—a civil lawsuit or proceeding, brought to achieve compliance with the code where the recovery of the City’s costs and attorney’s fees is a potential through liens or court orders.

4. Administrative Abatement – an administrative proceeding to declare a property or condition of a property a public nuisance. If a hearing officer determines that a public nuisance exists, the owner is required to abate the nuisance. In the event the owner does not comply, the City may obtain a warrant from the court, perform the abatement itself, and recover its costs.

The redline attached to the draft ordinance revise the City’s Municipal Code to achieve the following:

A. Enable the City to utilize any and all of the available tools to obtain compliance for any violation (this was not previously available in the City’s Code); B. Update some of the fine amounts as allowed by State law; C. Add the statutorily-required attorney’s fees language for recovery in nuisance actions; D. Clarify that owners are subject to enforcement for actions of tenants; E. Add processes for recovery of costs and fees;
F. Expand the list of public nuisances in the Code;
G. Revise the procedures regarding the designation of a hearing officer for administrative abatement proceedings;
H. Update and revise the procedures for collecting abatement costs following administrative abatement proceedings; and
I. Provide for the summary abatement of nuisance conditions that pose imminent threats to public health and safety.

These changes should enable the City’s Code Enforcement staff to be more successful in their enforcement efforts. It is envisioned that this is the first of other potential updates to the City’s code to address other recurring enforcement issues. The City Attorney’s office will work with Code Enforcement staff to identify such areas.

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

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

RECOMMENDATION
Staff recommends the City Council introduce the Code Enforcement update ordinance for first reading and direct staff to agendize the ordinance for a second reading and adoption at the Council’s next regular meeting. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to introduce for first reading by title only, and waive further reading Ordinance No. O22-1389, An Ordinance of the City Council of the City of San Marino, California Amending Chapters 1.04, 1.06, and 8.02 Regarding Public Nuisances, Administrative Citations, and Enforcement of Code Violations, and direct staff to agendize the ordinance for a second reading and possible adoption at the Council’s next regular meeting.”

ATTACHMENTS

1. Ordinance No. O-22-1389

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ORDINANCE NO. O-22-1389

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

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

NUISANCES, ADMINISTRATIVE CITATIONS, AND

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

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

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

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

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

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

SECTION 6. CEQA. This Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.

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

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

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

SUSAN JAKUBOWSKI
MAYOR

ATTEST:
___________________________

CHRISTINA BAKER

CITY CLERK
APPROVED AS TO FORM:
____________________________

JOSEPH MONTES

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTINA BAKER

CITY CLERK

Exhibit A

VIOLATIONS
CHAPTER 01, ARTICLE 04

01.04.01: ENFORCEMENT OF VIOLATIONS
A. No person shall violate or fail to comply with any provision or requirement of this code or any other ordinance of the city. (Ord. 096-1096, 8-14-1996) B. Violation of this code or any other ordinance of the city may be prosecuted as a misdemeanor or infraction pursuant to this Article. The city may also issue a fine or administrative citation as allowed by Chapter 01, Article 06.

C. The city attorney, at the direction of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate any condition found to be in violation of this Code or any approval, order, rule or regulation issued by any duly authorized officer or agent of the city in the manner provided by law.

D. The provisions of this section represent the general means and methods by which the city may secure compliance with the provisions of this Code and city approvals, permits or licenses. The city may use any available legal remedy to secure compliance and multiple enforcement remedies may be used to achieve compliance.

01.04.02: MISDEMEANORS AND INFRACTIONS; CONTINUING VIOLATIONS:

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

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

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

01.04.03: PUNISHMENT:

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

As prescribed in Government Code section 36900(b), any person who has committed an infraction under this code shall be punished by the following: a fine not exceeding one hundred dollars ($100) for a first violation, a fine not exceeding two hundred dollars

($200) for a second violation of the same ordinance within one year, and a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation. A violation of local building and safety codes determined to be an infraction is punishable by the following: a fine not exceeding one hundred thirty dollars ($130) for a first violation, a fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year, and a fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation. (Ord. 947, 11-16-1988; amd. 1994 Code)
B. As provided in section 42001 of the Vehicle Code of the state, any person who has committed an infraction for a violation of chapter XV of this code or any ordinance or code provision adopted pursuant to the Vehicle Code shall be punished by a fine not exceeding one hundred dollars ($100.00), for a second infraction occurring within one year of a prior infraction which resulted in a conviction, a fine not exceeding two hundred dollars ($200.00), and for a third or any subsequent infraction occurring within one year of two (2) or more infractions which resulted in convictions, a fine not exceeding two hundred fifty dollars ($250.00). (1994 Code)

01.04.04: AUTHORIZATION TO CITE:

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

01.04.05: ARREST OF VIOLATORS:

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

Notes

01.04.06: VIOLATION OF NOTICE TO APPEAR:

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

01.04.07: WARRANT FOR ARREST FOR FAILURE TO APPEAR:

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in the State Penal Code,

the magistrate shall issue and have delivered for execution a warrant for his/her arrest within twenty (20) days after his/her failure to appear as promised.

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

01.04.08: AIDING AND ABETTING:

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

01.04.09: RESPONSIBILITY:

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

01.04.10: PUBLIC NUISANCE:

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

01.04.11: ATTORNEY’S FEES:

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

EXHIBIT B

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

01.06.01: APPLICABILITY:

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

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

01.06.02: DEFINITIONS:

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

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

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

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

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

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

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

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

RESPONSIBLE PERSON: Any person, whether as an owner or an agent, manager, or representative of an owner, or otherwise, that allows, causes, creates, maintains, suffers, or permits a violation of the Code to exist or continue, by any act or the

omission of any act or duty. The term "responsible person" includes any person who leases, rents, occupies or has charge, control or possession of, or responsibility for any real property in the city upon which a violation exists, or of any personal property that constitutes a violation. (Ord. 0-07-1189, 9-12-2007)

01.06.03: SERVICE OF CITATION:

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

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

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

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

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

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

01.06.04: RESPONSIBILITY OF CITED PARTY:

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

A. Pay the civil fine no later than ten (10) days from the date of service of the notice of decision of the Hearing Officer or when the citation is deemed final. Payment of the fine shall not excuse or discharge the failure to correct the violation, nor shall it bar further enforcement action by the City.

B. If the violation pertains to building, plumbing, electrical or other similar structural or zoning issues which are continuing in nature and that do not create an immediate

danger to health and safety, comply with the compliance order to remedy the violation within the time specified on the citation. (Ord. 0-07-1189, 9-12-2007)

01.06.05: ADMINISTRATIVE CITATION:

A. Any responsible person who commits or responsible for a violation subject to an administrative citation, as set forth above in Section 1.06.01(B),, may be issued a citation by an enforcement officer.

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

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

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

01.06.07: CONTENTS OF ADMINISTRATIVE CITATION:

A citation shall contain the following information:

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

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

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

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

E. If a compliance order is issued pursuant to subsection 01.06.03F of this article, the action required to correct the violation and the date by which such action must be completed. The date for compliance shall not be less than fifteen (15) days from the date the compliance order is served, unless the violation creates an immediate danger to health or safety. (Ord. 0-07-1189, 9-12-2007)
F. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation. (Ord. 0-08-1202, 3-19- 2008)
G. The name and signature of the citing official.

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

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

A. Civil Fine Amount: The amount of each fine shall be set forth in a resolution adopted by the City Council. If a violation is classified as an infraction under this Code, the civil fine shall not exceed one hundred dollars ($100.00) for a first offense, two hundred dollars ($200.00) for a second offense within one year, and five hundred dollars ($500.00) for a third offense within one year as set forth in California Government Code section 36900(b). Fines for violations that are classified as misdemeanors under this Code shall not exceed one thousand dollars ($1,000.00). The

amounts of such fines may be modified from time to time by a resolution of the City Council. (Ord. 0-18-1335, 4-11-2018)
B. Late Payment Charge: Any person who fails to pay to the City on or before the due date any civil fine imposed, shall be liable for the payment of a late payment charge as established by a resolution adopted by the City Council. In the absence of such resolution, the late payment charge for payments received after the due date shall be fifty percent (50%) of the civil fine.

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

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

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

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

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

01.06.09: RECORDATION OF LIEN:

A. If the responsible person fails to satisfy in full the assessed civil fines by the due date, as defined above in subsection 1.06.08E, the city may recover the outstanding fine by imposing a lien against the real property on which the violation occurred.

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

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

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

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

01.06.10: ADMINISTRATIVE HEARING:

A. Any responsible person to whom a citation is issued may contest the citation by:
1) completing a request for hearing form and returning it to the city manager or his/her designee; and 2) either depositing the civil fine with the city manager or his/her designee or providing notice that a request for an advance deposit hardship waiver has been filed. A request for hearing form may be obtained from the city clerk. The request for hearing form and the civil fine or completed hardship waiver must be received within ten (10) days from the date of service of the citation. If not, the responsible person waives the right to a hearing.

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

C. The city shall notify the person requesting the hearing by regular mail of the time and place of the hearing at least ten (10) days before the date of the hearing. The city manager or his/her designee shall serve any documentation, other than the citation, that the city manager or his/her designee has submitted or will submit to the hearing officer on the person requesting the hearing by regular mail at least three (3) calendar days before the date of the hearing. Failure to receive such documentation shall not

invalidate the citation or any hearing, city action or proceeding conducted pursuant to this article. The failure to appear at the hearing shall render the citation final. (Ord. 0-08- 1202, 3-19-2008)

01.06.11: ADMINISTRATIVE HEARING PROCEDURES:

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

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

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

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

01.06.12: HEARING OFFICER DECISION; RIGHT OF APPEAL:

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

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

01.06.13: APPEAL OF DECISION OF HEARING OFFICER:

Within twenty (20) days after service of the hearing officer's decision upon the responsible person, the responsible person may seek review of the hearing officer's decision by filing a notice of appeal with the Los Angeles Superior Court. The responsible person shall serve a copy of the notice of appeal upon the city clerk either in person or by first class mail within five (5) calendar days of its filing. If the responsible person fails to timely file a notice of appeal, the hearing officer's decision shall be deemed confirmed. (Ord. 0-07-1189, 9-12-2007)

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

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

01.06.15: ADVANCE HARDSHIP WAIVER DEPOSIT:

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

B. The city manager or designee may issue an advance deposit hardship waiver only if the person requesting the waiver submits a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the city manager or designee the person's financial inability to deposit with the city the full amount of the civil fine in advance of the hearing. The city manager or designee shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be served upon the person requesting the waiver by regular mail. If the city manager or designee determines that the waiver is not warranted the person shall remit the full amount of the civil fine to the city within ten (10) days of receipt of the written decision.

The city manager or designee's decision whether to issue a hardship waiver shall be final. (Ord. 0-08-1202, 3-19-2008)

EXHIBIT C

NUISANCE CONDITIONS
CHAPTER VIII, ARTICLE 2

08.02.01: CONDITIONS CONSTITUTING A PUBLIC NUISANCE:

The city council finds and declares that, notwithstanding any other provision of the Municipal Code, it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or suffer, or permit others to allow, cause, create, maintain, or suffer the following::

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

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

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

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

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

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

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

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

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

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

G. Garbage or trash cans or containers that are:

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

2. Emitting offensive odors to adjacent properties.

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

1. Are structurally unsafe, either entirely or partially.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

U. Any building or structure used by any person to engage in acts which are prohibited pursuant to the laws of the United States or the State of California, the provisions of the San Marino Municipal Code, or any other ordinance of the city, including, but not limited to, the following acts:
(1)Unlawful possession, use, and/or sale of controlled substances; (2)Prostitution; and/or

(3)Unlawful gambling.

EXHIBIT D

NUISANCE ABATEMENT
CHAPTER VIII, ARTICLE 3

08.03.01: DETERMINATION OF PUBLIC NUISANCE:

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

08.03.02: FAILURE TO ABATE; NOTICE OF HEARING:

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

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

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

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

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

08.03.03: NUISANCE ABATEMENT HEARING:

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

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

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

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

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

08.03.04: SERVICE OF ORDER OF ABATEMENT:

No later than five (5) days following the decision of the City Manager or designee, the order of abatement shall be served on the owner, address of record and occupant of the subject property by personal service or by first class USPS mail. Said order of

abatement shall also be posted on the property in a conspicuous location. (Ord. 952, 3- 8-89; amd. Ord. O-21-1379, 3-10-21)

08.03.05: ABATEMENT BY CITY:

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

08.03.06: HEARING TO ESTABLISH COSTS:

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

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

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

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

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

08.03.07: ASSESSMENT OF ABATEMENT COST AGAINST PROPERTY:

A. The City may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to Government Code Section 38773.5, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

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

The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the

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

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

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

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

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

B. A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance is maintained with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to Section 6062 of the Government Code.

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

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

E. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in

subsection (D) of this section shall be recorded by the City. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

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

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

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

08.03.09: RECOVERY OF COSTS:

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

8.03.10: EMERGENCY ABATEMENT TO ABATE AN IMMINENT HAZARD:

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

B. Prior to abating a nuisance that creates an imminent hazard, the City Manager shall attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person; provided, however, that the City Manager may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the City Manager, the nature or severity of the hazard does not reasonably allow for such prior notification. If notice has been so given, but, in the sole discretion of the City Manager, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the City may abate the nuisance with

City personnel without further notice, and charge the costs and fees thereof to the responsible person(s).

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

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

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

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

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

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

BACKGROUND
The City Council has previously requested that smoking be prohibited in Lacy Park. In reviewing the relevant provisions of the City’s Municipal Code, and after consultation with City Staff, the City Attorney’s office has drafted an ordinance to update outdated provisions of the code in addition to addressing the requested smoking prohibition.

DISCUSSION
Council Member Shepherd Romey requested that an item be agendized to prohibit smoking in Lacy Park. The City’s Municipal Code contains several different sections in Chapter 17.02 that all deal with restrictions on activities in Lacy Park. The Council Member’s request provided an opportunity for the City Attorney’s office to review that Chapter of the code and eliminate outdated provisions as well as simplify the regulations to three code sections for easier enforcement by City Staff as well as easier reference by persons using the park. The proposed ordinance:

1. Combines sections 17.02.03, 17.02.05 and 17.02.06 into one section;

2. Eliminates the City Manager’s discretion to allow certain otherwise prohibited activities;

3. Adds prohibitions on the use of drones;

4. Adds prohibitions on smoking and the use of cannabis products;

5. Adds a prohibition on amplified sounds in excess of applicable decibel standards; and TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Joseph Montes, City Attorney
DATE: March 25, 2022
SUBJECT: APPROVAL OF ORDINANCE NO. O-22-1388 (FIRST READING) AMENDING CHAPTER 17.02 OF THE CITY CODE REGARDING

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

6. Eliminates restrictions on certain behaviors in the park that would not be enforceable today under recent case law as being too vague (sleeping, loitering, loud and boisterous conduct).

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

LEGAL REVIEW
The City Attorney prepared this report.

RECOMMENDATION
Staff recommends the City Council introduce the Ordinance for first reading and direct staff to agendize the Ordinance for a second reading and adoption. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to introduce for first reading by title only, Ordinance No. O-22-1388, an Ordinance of the City Council of the City of San Marino, California Amending Chapter 17.02 of the San Marino Municipal Code Pertaining to Restrictions on Activities in Lacy Park, Including Smoking, and direct staff to agendize the Ordinance for a second reading and possible adoption at the Council’s next regular meeting.”

ATTACHMENTS

1. Ordinance No. O-22-1388

ORDINANCE NO. O-22-1388

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA AMENDING CHAPTER

17.02 OF THE SAN MARINO MUNICIPAL CODE

PERTAINING TO RESTRICTIONS ON ACTIVITIES IN

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

SECTION 1. RECITALS
WHEREAS, Section VII of Article XI of the California Constitution provides that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and,
WHEREAS, Chapter 17.02 of the San Marino Municipal Code outlines restrictions on certain activities within Lacy Park; and
WHEREAS, Smoking and use of cannabis products have well document health problems and create issues for non-smokers related not only to health, but also general enjoyment of Lacy Park; and
WHEREAS, a review of Chapter 17.02 indicates that certain provisions are outdated and the Chapter could be simplified not only for enforcement purposes, but also for the benefit and understanding of park users; and
WHEREAS, the City Council is undertaking an effort to update and streamline its code enforcement provisions and updating the park activities provisions will further that effort.

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

SECTION 3. CEQA. This Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.

SECTION 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City

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

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

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

SUSAN JAKUBOWSKI
MAYOR
ATTEST:
___________________________

CHRISTINA BAKER

CITY CLERK
APPROVED AS TO FORM:
____________________________

JOSEPH MONTES

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTINA BAKER

CITY CLERK

Exhibit A

IRV #4895-8996-3284 v1

17.02.03: GENERAL PROHIBITED ACTIVITIES:

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

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

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

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

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

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

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

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

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

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

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

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

N. Fireworks And Explosives: No person shall bring or have in his/her possession or set off or otherwise cause to explode or discharge or burn any firecrackers or other fireworks or explosives or inflammable material, nor discharge or throw same into any such area from land or highways adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound possessed by said person, would be inflammable or explosive. (Ord. 954, 3-8-1989; amd. 1994 Code) O. Remote Controlled Toys: No person shall bring or operate any remote controlled toy, including a drone. A drone shall mean any type of aircraft that operates without onboard pilots or crew. (Ord. 095-1072, 6-14-1995)
P. Amusement Rides: No person shall operate an amusement ride, carnival ride, giant inflatable slide, bounce house, jumper or similar equipment or device unless the equipment or device is operated as part of a city sponsored event. (Ord. 0-11-1250, 4-13-2011) Q. Intoxicating Beverages Or Drugs: No person shall bring alcoholic beverages or drugscontrolled substances into the park, nor drink alcoholic beverages or use drugsany controlled substance at any time in the park. No person shall enter the park while under the influence of intoxicating liquor or drugsa controlled substance. For purposes of this section, the phrase “controlled substances” shall mean the controlled substances specified in California Health and Safety Code section 11350(a).

R. Domestic Animals: No person shall bring any dog or other domestic animal into the park unless such animal is on a leash not greater than ten feet (10') in length and such animal remains

IRV #4895-8996-3284 v1
on said leash at all times while in the park. No domestic animal shall be allowed in any portion of the park marked by signs prohibiting domestic animals in the area.

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

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

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

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

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

17.02.04: SANITATION PROHIBITED ACTIVITIES:

IRV #4895-8996-3284 v1
A. Trash: No person shall cause to be brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash in Lacy Park except in the proper receptacles where provided. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.

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

17.02.05: OTHER PROHIBITED ACTIVITIES:

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

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

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

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

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

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

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

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

H. Fires: No person shall build or attempt to build a fire, except in such area and under such regulations as may be designated by the director of public works. No person shall drop, throw or

IRV #4895-8996-3284 v1
otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable materials within any park area or on any highway, road or street abutting or contiguous thereto.

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

J. Fireworks And Explosives: No person shall bring or have in his/her possession or set off or otherwise cause to explode or discharge or burn any firecrackers or other fireworks or explosives or inflammable material, nor discharge or throw same into any such area from land or highways adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound possessed by said person, would be inflammable or explosive. (Ord. 954, 3-8-1989; amd. 1994 Code) K. Remote Controlled Toys: No person shall bring or operate any remote controlled toy. (Ord. 095-1072, 6-14-1995)
L. Amusement Rides: No person shall operate an amusement ride, carnival ride, giant inflatable slide, bounce house, jumper or similar equipment or device unless the equipment or device is operated as part of a city sponsored event. (Ord. 0-11-1250, 4-13-2011)

17.02.06: BEHAVIOR OF PERSONS IN PARK:

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

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

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

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

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

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

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

17.02.0705: TRAFFIC 1 :

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

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

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

C. Bicycles 2 :

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

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

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

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

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

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

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

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

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

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1. See also chapter XV of this code.

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

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

BACKGROUND
On September 28, 2018, the City Council approved the policy for Operation of the Donations Fund (Fund 281) which is included as Attachment 1. The Policy developed the formation of the Donations Fund (Fund 281) that segregated monetary funds received in the form of donations from the General Fund. All donations are brought forth to the City Council for acceptance and approval before the funds are deposited into the Donations Fund. The departments propose anticipated donations to the donations budget during the annual budgeting process for appropriating the Donations Fund expenditure and revenues. Accounting and budgetary monitoring controls are in place to prevent the Donations Fund from going into a deficit.

The policy for Operation of the Donations Fund covers only the monetary aspect of accounting for the donations, but lacked additional detail regarding the process accepting or not accepting non-monetary donations. Based on a request from Mayor Jakubowski, staff is asking City Council to provide staff direction on formulating a non-monetary donations policy.

DISCUSSION
Staff needs direction from the Council on establishing a non-monetary donations policy. Staff has two questions for Council to consider:
1) Does the Council want to craft and adopt a policy on accepting or declining non-monetary donations?
2) If yes, what would be the criteria on accepting or declining non-monetary donations and who would have discretion to determine if the criteria is met? TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Paul Chung, Finance Director
Mark Siegfried, Accounting Manager / Controller
DATE: March 25, 2022
SUBJECT: DISCUSSION OF A NON-MONETARY DONATIONS POLICY
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Staff has attached samples of other cities’ donation policies (Attachment 2) and the Crowell Public Library’s Gifts and Donations Policy (Attachment 3) for additional information that might assist in formulating the policy. Once staff gets direction from Council on the specifics of the policy, staff will draft the non-monetary donations policy as directed and bring it to Council at a future City Council meeting.

FISCAL IMPACT & PROCUREMENT REVIEW
There is no fiscal impact or procurement review at this time.

LEGAL REVIEW
This staff report has been reviewed and approved as to form by the City Attorney.

RECOMMENDATION
Staff recommends that the City Council provide staff direction on whether to formulate a nonmonetary donations policy and what the aspects of that policy would be.

ATTACHMENTS

1. Policy for Operation of the City of San Marino Donations Fund Staff Report

2. Various City Donation Policies

3. Crowell Public Library – Gifts and Donations Policy

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

BACKGROUND
As an organization with a proud history of direct community financial support, it makes sense that the City has operated a Donations Fund to segregate financial activity derived from donations. The Donations Fund is a component of the City’s General Fund group.

The Library, Recreation and Parks & Public Works departments have received and transacted significant monetary amounts in recent years. The City’s donations revenue has averaged $140,000 over the past three years. The majority of FY 19 financial activity will take place at Crowell Library.

The City does not have a policy for receipt and application of donations.

WHAT PROBLEMS DOES THE POLICY ADDRESS?
In each of the prior 3 fiscal years, the Donations Fund has ended the year in deficit position. The combined deficit during this period, from FY 16 to FY 18, was $75,578. Because the Donations Fund is a component of the General Fund, this means that the General Fund has absorbed (subsidized) the combined deficit.

The reverse situation is equally true. If the Donations Fund had a “profit” year – where income exceeded expenses -- the additional amount would be captured and retained by the General Fund at year end. In City of San Marino

AGENDA REPORT
Steve Talt, Mayor
Steven W. Huang, DDS, Vice-Mayor
Susan Jakubowski, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
TO: MAYOR AND CITY COUNCIL
FROM: MARCELLA MARLOWE, CITY MANAGER
BY: JOSH BETTA, FINANCE DIRECTOR
DATE: 28 SEPTEMBER 2018
SUBJECT: POLICY FOR OPERATION OF THE CITY OF SAN

MARINO DONATIONS FUND

this manner, the donations are absorbed into the General Fund, the donations removed from control of the operating department, and donor intentions are left unsatisfied.

Clearly, neither of these outcomes serves the purposes of the City and individual donors.

Our inquiries during the budget process reveal interconnected problems that find solution in the Policy.

1. City departments lost focus on the “bottom line” of their annual donation activities.

2. The City’s finance operations lost focus on the “bottom line” of donation activities.

3. The City’s finance operations failed to provide sufficient information and guidance to City departments to stimulate their focus on “bottom line” donation activities.

4. A history of donation spending without budgetary expenditure amendment by the City Council.

POLICY REQUIREMENTS
• The Policy requires that operating departments properly exercise budgetary management responsibilities consistent with the Citywide Financial Policies in their use of the Donations Fund. • The Policy requires that the Finance Department establish and maintain accounting management systems consistent with the Citywide Financial Policies and accounting standards. • The Policy requires that donations received in excess of estimated revenue are not allowable for expenditure unless the City Council authorizes amendment to an expenditure budget. • The Policy provides that properly documented excess or deficit annual collections can be carried between years on the City’s accounting records. This will satisfy the intention of our donors that we apply their donations to intended purposes even if transactions cross fiscal years.

POLICY DEVELOPMENT
The Policy was drafted in consultation with the City’s auditors. The Policy restates many elements of the Citywide Financial Policies. It was reviewed by the City Controller and department directors. Review assistance was also provided by Elizabeth Hollingsworth, President of the Library Board of Trustees.

RECOMMENDATION
Adopt the Policy for Operations of Donations Fund

ATTACHMENT
Policy for the Operation of Donations Fund (Fund 281)

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: December 11, 2018 Resolution No:
2018-162

1. PURPOSE
To outline the City’s Policy regarding acceptance of donations to the City. The City may accept or reject any gift or donation. (See also Policy No. 20-3, Gifts, regarding gifts to individuals.)
This Policy does not apply to donations or grants made as a development condition of approval or pursuant to a development agreement.

2. DEFINITIONS
City official includes City Council members and members of appointed commissions.

City Manager means the City Manager or his or her designee.

Gift means anything of value (including tickets, passes, and meals) for which a City employee/official has not provided equal or greater value in return. (See Policy 20-3, Gifts.)
Lobbyist means an individual who is compensated and communicates directly with legislative or state agency officials to influence legislative or administrative action on behalf of his or her employer or a client.

Donation means something of value accepted by the City for public purposes. It includes contributions or bequests; transfer of real or personal property, money or marketable securities. Donations will be reported differently than gifts given to a City employee/official or group. A donation may be unrestricted, used for any public purpose, or restricted, if the donor places written limitations on the use. (Gov’t. Code section 37355.)
Tickets or passes means admission to a facility, event, show or performance for entertainment, amusement, recreational, or similar purpose.

3. DONATIONS

3.1 General

3.1.1 When an individual gift is considered a donation A donation that would otherwise constitute a gift to a public employee or official is considered a donation to the City when the following requirements are met: (Fair Political Practices Commission (FPPC) Regulation 18944.2; See also Policy, 20-3, Gifts)
City of Brentwood

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: December 11, 2018 Resolution No:
2018-162

3.1.1.1. The City Manager determines and controls the City’s use of the donation.

3.1.1.2. The donation is used for official City business.

3.1.1.3. The donor may identify a purpose for the donation but does not designate by name, title, class or otherwise, an
employee/official who may use the donation.

Certain employees and officials are limited in the use of travel donations. (See section 3.1.2, below.)

3.1.2 Travel Travel donations must also meet these requirements:

3.1.2.1. A donation to the City for travel may not be used by an elected or appointed official or a City employee who invests the City’s money.

3.1.2.2. A payment for travel may not exceed the City’s own reimbursement rates for travel.

3.1.2.3. The City Manager must preapprove travel paid for by a third party before travel begins.

3.1.2.4. Travel payments made by a federal government agency in connection with education, training, or other inter-agency programs are not reportable.

3.2. Tickets and Passes (FPPC Regulation 18944.1)

3.2.1 Restrictions. All tickets and passes offered or provided to the City by a third party, purchased, or otherwise obtained directly by the City are subject to the following:

3.2.1.1. The City may not accept from any third party any ticket or pass that is specifically earmarked for use by a particular City official or employee, whether by name or position, unless:

The ticket or pass is offered or provided to the City either: (1) under the terms of a contract for use of City-owned property; or (2) as a result of an official City event that the City controls; or the ticket or pass is purchased by the City from the third party for full market value.

3.2.2 The City Manager must document in writing the receipt of all tickets and passes provided to the City by a third party.

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: December 11, 2018 Resolution No:
2018-162

3.2.3 Tickets and passes shall only be provided to City officials/employees by the City Manager for a legitimate public purpose of the City, as set forth in Gift Policy, section 3.2.14.

3.2.4 The City Manager shall decide, consistent with the Policy, which City officials should be provided with a ticket or pass.

3.2.5 Within 30 days of distributing any ticket or pass under this Policy, the City Manager will complete and the City Clerk will post an FPPC Form 802 on the City’s website, with the posting to remain on the website for a period of at least four years and a hard-copy retained for at least of seven years.

3.3. Donations

3.3.1 Considerations Before accepting a donation, the City Manager will consider:

3.3.1.1. Whether the donation serves a public purpose consistent with the City’s goals and objectives;

3.3.1.2. The initial and future expenditures that may be required for use and maintenance of the donation. The City Manager will
quantify the costs associated with both restricted and
unrestricted donations before a donation is accepted. For example, possible clean-up costs of hazardous materials will be considered before real property is accepted;

3.3.1.3. Whether the donation is in the best interest of the City; and

3.3.1.4. Whether the restrictions make the donation a disadvantage (See Gift Policy, section 3.2.14, regarding public purposes).

3.3.2 Disposition Unless restricted otherwise in writing, the City may keep, sell, or dispose of a donation.

3.3.3 Authority to accept The City Manager may accept or reject an unrestricted donation up to $10,000. The City Council may accept or reject a donation of more than $10,000, and a restricted donation of any amount.

A donation of real property will only be accepted under applicable state law and local law, including Policy No. 10-13, Signature Authority.

3.3.4 No Soliciting; Exceptions Council/Administrative Policy 20-3 (Gifts), Section 3.4, applies to the the solicitation of donations.

COUNCIL/ADMINISTRATIVE POLICY
Subject: Donations Policy No: 00-10 Date: December 11, 2018 Resolution No:
2018-162

3.4. Donations as Charitable Contributions

3.4.1 When qualified A donation to the City may be tax deductible as a charitable contribution if the donation is made exclusively for a public purpose as described in the IRS Code at 26 U.S.C.§170(c)(1)).

The City Manager will provide donors whose donations are accepted with a written statement that includes the following information required by the Internal Revenue Code 1.170A-13 and as described in IRS Charitable Contributions, Substantiation and Disclosure Requirements, Publication 1771. The City will not make a determination of whether the donation is tax deductible.
a. Name of donor/Name of organization
b. The amount of cash contribution
c. A description (but not the value) of non-cash contribution d. Date of receipt
e. A statement that no goods or services were provided by the City in return for the contribution/donation, if that was the case f. A description and good faith estimate of the value of goods or services, if any that the City provided in return for the contribution/donation

3.4.2 Records The City will maintain records of donations. Donated funds will be accounted for in a separate “donation” account.

MEMORANDUM
TO: Dan-ell George, City Manager
FROM: Kristen Petersen, Assistant City Manager
DATE: June 14, 2016
SUBJECT: DONATION POLICY
Background
Council requested that the City consider having a written donation policy and asked staff to return with a draft policy for consideration. The purpose of this policy is to establish a fo1mal process for acceptance and documentation of donations made to the City and t o provide guidance when individuals, community groups, and businesses wish to make donations to the City. It also aims to establish the standards for City employees and City officials regarding the acceptance of gifts during the performance of City business.

Staff requested policies from other cities through the League of California Cities Administrative Services listserv and the California Society of Municipal Finance Officers listserv. Staff gathered examples ofrelevant policies, which vary in scope and scale.

DISCUSSION:

Staff has prepared a draft policy for Council consideration. A summary of the terms included in the policy are listed below.
• Designated and undesignated donations may be offered in the form of cash, real or personal property
• Designated donations may only be accepted when they have a purpose consistent with the City's goals and objectives
• Offers of donations valued at $5,000 or below may be accepted by a Department Director • Offers of donations valued more than $5,000 and up to $10,000 may be accepted by the City Manager
• Offers of donations valued more than $10,000 may be accepted by the City Council through a written agreement
• Determination of whether the benefits warrant acceptance of the donation is based on expenditures required in order to accept the donation and/or the City's obligation to maintain, match or supplement the donation
• A Donation Acceptance Form is required to be completed by the receiving Department Director or City Manager's office for all donations and will be copied to the City Council, the Finance Department and the donor
• The Original Donation Acceptance Forms will be maintained by the City Clerk City of Duarte

Darrell George, City Manager
June 14, 2016
Page2
• The City reserves the right to decline any donation if it is not in the best interests of the City
• Employees and elected officials shall follow the Conflict of Interest Code as it relates to the receipt of gifts
• No employees or elected officials shall solicit donations for favorable treatment or influencing decisions in official duties
• All disclosure requirements under the Political Reform Act and the Form 700 will be complied with
Recommendation
It is recommended that the City Council approve the Donation and Gift Policy.

Section 1. Purpose

CITY OF DUARTE

DONATION AND GIFT POLICY
The purpose of this policy is to establish a formal process for acceptance and documentation of donations made to the City. This policy provides guidance when individuals, community groups, and businesses wish to make donations to the City. This policy also establishes the standards for City employees and City officials regarding the acceptance of gifts during the performance of City business.

Section 2. Types of Donations
Donations may be offered in the form of cash, real or personal property.

Designated donations means those donations that the donor specifies for a particular City department, location, or purpose. Undesignated donations means those donations that are given to the City for an unspecified use.

Section 3. Consistency with City Interests
Designated donations may only be accepted when they have a purpose consistent with the City's goals and objectives and are in the best interest of Duarte. The City must always consider the public trust and comply with all applicable laws when accepting donations.

Section 4. Acceptance of Undesignated Donations of Cash or Tangible Items All donations to the City, including offers to employees related to the City, shall immediately be submitted for consideration for acceptance. Based on the value of the donation offered as outlined below, appropriate City staff shall review every donation and determine if the benefits to be derived warrant acceptance of the donation. The following points list the threshold amounts for donation acceptance.

A. Offers of donations of cash or items valued at $5,000 or below may be accepted by a Department Director.

B. Offers of donations of cash or items valued more than $5,000 and up to $10,000 may be accepted by the City Manager.

C. Offers of donations of cash or items valued more than $10,000 must be accepted by the City Council. Donations valued at more than $10,000 shall be accepted through a written agreement consistent with these guidelines and approved by the City Council.

Section 5. Acceptance of Designated Donations of Cash or Tangible Items Based on the value of the donation offer as outlined in Section 3 above, appropriate City staff will review the conditions of any designated donation and determine if the benefits to be derived warrant acceptance of the donation. Criteria for the evaluation include but are not limited to:

A. Consideration of an immediate or initial expenditure is required in order to accept the donation;
B. The potential and extent of the City's obligation to maintain, match, or supplement the donation.

Section 6. Acknowledgement of Donations
A. A Donation Acceptance Form is required to be completed by the receiving Department Director or the City Manager's Office for all donations provided to the City (form attached).

B. Acknowledgement of the donation should be in writing and be the responsibility of the Department Director who is the beneficiary of the donation. Undesignated donations shall be acknowledged by the City Manager. A copy of the Donation Acceptance Form and the acknowledgement agreement should be forwarded to donors.

C. The Donor Acceptance Form including the donor names and donation amounts are public information subject to disclosure pursuant to the California Public Records Act.

Section 7. Declined Donations
A. The City of Duarte reserves the right to decline any donation if, upon review, acceptance of the donation offer is determined in the sole discretion of the City to be not in the best interests of the City.

Section 8. Distribution of Donation
A. Tangible items will be distributed to appropriate City departments for use or, at the discretion of the Department Director or City Manager, disposed of in an appropriate manner according to this policy.

B. Donations of cash for designated donations will be deposited into the appropriate revenue account for the designated City department.

C. Donations of cash for undesignated donations under $10,000 will be deposited into the City's General Fund Other Revenue account. Undesignated donations in an amount over $10,000 will be distributed at the direction of City Council.

Section 9. Dissemination of Information
A. A copy of each Donation Acceptance Form for accepted donations shall be forwarded for information to the City Council by the City Manager's Office.

B. A copy of each Donation Acceptance Form for accepted donations shall be forwarded for information to the Finance Department and the designated department for which the donation was assigned.

C. Each original Donation Acceptance Form shall be maintained by the City Clerk.

Section 10. Acceptance of Gifts to Employees and/or Elected Officials of the City A. Employees and or elected officials of the City shall follow the provisions listed in City of Duarte Municipal Code Chapter 2.44, Conflict of Interest Code as it relates to the receipt of gifts.

B. Employees and elected officials of the City are required to be objective and fair in dealing with the public and persons or firms doing business with the City.

Employees shall not solicit or accept gifts or gratuities for the performance of their City job responsibilities.

C. No employee and or elected officials of the City shall directly or indirectly solicit, accept, or attempt to accept any money, fee, credit, gift, gratuity, object of value, or compensation of any kind which the elected official or employee kno ws, or has reason to know is being offered:

1. For the purpose of improperly obtaining or rewarding favorable treatment;

2. With interest to influence the official or employee in the discharge of official duties or;

3. In consideration of having exercised official powers or performed official duties.

D. Anonymous gifts shall be delivered to the City Manager for appropriate disposition.

E. Under the Political Reform Act, public officials and employees are required to disclose certain personal financial holdings as outlined in California Government Code sections 81000-91014. The Fair Political Practices Commission requires all public officials and employees to file a 'conflict-ofinterest statement,' known as Form 700. In Schedule D of Form 700, detailed requirements in reporting gifts of a dollar value and shall be used.

Name of Donor:

CITY OF DUARTE

DONATION ACCEPTANCE FORM
---------------------------------
Address: _______________ City: _______ State: ___ Zip: ____ _ Description of donation: _____________________________ _ Donor estimate of current value: --------------------------- Potential immediate or inftial acquisition or installation cost, any on-going maintenance or replacement cost:

Intended use:

Conditions of acceptance or donor designation: ____________________ _ Remarks: -----------------------------------
City Department receivlng donation: ________________________ _

APPROVED/ DISAPPROVED
Date Department Head Signature
Date City Manager Signature
Date Submitted to Council Date Approved by Council
Date Mayor Signature
NOTE: The City of Duarte cannot guarantee future funding for repair, maintenance, use or replacement of donated items. cc:

City Council, Finance Department, City Clerk

CITY OF DUARTE, CALIFORNIA

DONATION AND GIFT POLICY ACKNOWLEDGEMENT
I have received and read the City of Duarte Donation and Gift Policy and understand its provisions.

Employee (PRINT name)
Signature
Date

CITY OF GOLETA

DONATION AND GIFT POLICY
Section 1. Purpose
The purpose of this policy is to establish a formal process for acceptance and documentation of donations made to the City. This policy provides guidance when individuals, community groups, and businesses wish to make donations to the City.

This policy also establishes the standards for City employees and City officials regarding the acceptance of gifts during the performance of City business.

Section 2. Types of Donations
Donations may be offered in the form of cash, real or personal property. Designated donations means those donations that the donor specifies for a particular City department, location, or purpose. Undesignated donations means those donations that are given to the City for an unspecified use.

Section 3. Consistency with City Interests
Designated donations may only be accepted when they have a purpose consistent with the City’s goals and objectives and are in the best interest of Goleta. The City must always consider the public trust and comply with all applicable laws when accepting donations.

Section 4. Acceptance of Undesignated Donations of Cash or Tangible Items All donations to the City, including offers to employees related to the City, shall immediately be submitted for consideration for acceptance. Based on the value of the donation offered as outlined below, appropriate City staff shall review every donation and determine if the benefits to be derived warrant acceptance of the donation. The following points list the threshold amounts for donation acceptance.

A. Offers of donations of cash or items valued at $5,000 or below may be accepted by a Department Director.

B. Offers of donations of cash or items valued more than $5,000 and up to $10,000 may be accepted by the City Manager.

C. Offers of donations of cash or items valued more than $10,000 must be accepted by the City Council. Donations valued at more than $10,000 shall be accepted through a written agreement consistent with these guidelines and approved by the City Council.

D. Offers of donations for gratuitous purposes (e.g. holiday gift baskets, etc.) to any employee, department or the City shall be made available to benefit all employees.

Section 5. Acceptance of Designated Donations of Cash or Tangible Items Based on the value of the donation offer as outlined in Section 3 above, appropriate City staff will review the conditions of any designated donation and determine if the benefits to be derived warrant acceptance of the donation. Criteria for the evaluation include but are not limited to:

A. Consideration of an immediate or initial expenditure is required in order to accept the donation;
B. The potential and extent of the City’s obligation to maintain, match, or supplement the donation;
Section 6. Acknowledgement of Donations
A. A Donation Acceptance Form is required to be completed by the receiving Department Director or the City Manager’s Office for all donations provided to the City (form attached).

B. Acknowledgement of the donation should be in writing and be the responsibility of the Department Director who is the beneficiary of the donation. Undesignated donations shall be acknowledged by the City Manager. A copy of the acknowledgement agreement should be forwarded to donors.

C. The Donor Acceptance Form including the donor names and donation amounts are public information subject to disclosure pursuant to the California Public Records Act.

Section 7. Declined Donations
A. The City of Goleta reserves the right to decline any donation if, upon review, acceptance of the donation offer is determined in the sole discretion of the City to be not in the best interests of the City.

Section 8. Distribution of Donation
A. Tangible items will be distributed to appropriate City departments for use or, at the discretion of the Department Director or City Manager, disposed of in an appropriate manner according to this policy.

B. Donations of cash for designated donations will be deposited into the appropriate revenue account for the designated City department.

C. Donations of cash for undesignated donations under $5000 will be deposited into the City’s General Fund donation account. Undesignated donations in the amount of $5,000-$10,000 will be designated to the Community Projects Grant Program. Undesignated donations in an amount over $10,000 will be distributed at the direction of City Council.

Section 9. Dissemination of Information
A. A copy of each Donation Acceptance Form for accepted donations shall be forwarded for information to the City Council by the City Manager’s Office.

B. A copy of each Donation Acceptance Form for accepted donations shall be forwarded for information to the Finance Department and the designated department for which the donation was assigned.

C. Each original Donation Acceptance Form shall be maintained by the City Clerk’s Office.

Section 10. Acceptance of Gifts to Employees and/or Elected Officials of the City A. Employees and or elected officials of the City shall follow the provisions listed in City of Goleta Ordinance No. 04-03, Code of Ethics and City of Goleta Resolution No. 04-56, Conflict of Interest Code as they relate to the receipt of gifts.

B. Employees and officials of the City are required to be objective and fair in dealing with the public and persons or firms doing business with the City. Employees shall not solicit or accept gifts or gratuities for the performance of their City job responsibilities.

C. No City official or employee shall directly or indirectly solicit, accept, or attempt to accept any money, fee, credit, gift, gratuity, object of value, or compensation of any kind which the official or employee knows, or has reason to know is being offered:

1. For the purpose of improperly obtaining or rewarding favorable treatment;

2. With interest to influence the official or employee in the discharge of official duties or;

3. In consideration of having exercised official powers or performed official duties.

D. Anonymous gifts shall be delivered to the City Manager for appropriate disposition.

E. This policy does not prohibit a City official from accepting anything of value by way of a gift when such a gift is made to and accepted on behalf of, the City of Goleta. All such gifts to the City shall be forwarded to the City Manager for compliance with this policy whenever possible; the City Manager will ensure that all such gifts are shared by all City staff. An example of such gifts would be those received during holiday periods.

F. Under the Political Reform Act, public officials and employees are required to disclose certain personal financial holdings as outlined in California Government Code sections 81000-91014. The Fair Political Practices Commission requires all public officials and employees to file a ‘conflict-of-interest statement,’ known as Form 700. In Schedule D of Form 700, details requirements in reporting gifts of a dollar value and shall be used.

NOTE: The City of Goleta cannot guarantee future funding for repair, maintenance, use or replacement of donated items. cc: City Council, Finance Department, City Clerk

CITY OF GOLETA

DONATION ACCEPTANCE FORM
Name of Donor:______________________________________________________________________ Address:________________________________ City: ______________ State: ______ Zip:__________ Description of donation: ________________________________________________________________ ___________________________________________________________________________________ Donor estimate of current value: _________________________________________________________ Potential immediate or initial acquisition or installation cost, any on-going maintenance or replacement cost: ___________________________________________________________________ ___________________________________________________________________________________ Intended use: _______________________________________________________________________ ___________________________________________________________________________________ Conditions of acceptance or donor designation: ____________________________________________ ___________________________________________________________________________________ Remarks: __________________________________________________________________________ ___________________________________________________________________________________ City Department receiving donation: _____________________________________________________

APPROVED / DISAPPROVED
________________________ ______________________________ Date Department Head Signature
________________________ ______________________________ Date City Manager Signature
________________________ ______________________________ Date Submitted to Council Date Approved by Council
________________________ ______________________________ Date Mayor Signature

CITY OF GOLETA, CALIFORNIA

DONATION AND GIFT POLICY ACKNOWLEDGEMENT
I have received and read the City of Goleta Donation and Gift Policy and understand its provisions. I further understand that when I sign this acknowledgement form it will be placed in my personnel file.
______________________________
Employee (PRINT NAME)
______________________________
Signature
______________________________
Date

Exhibit “A”
City of Redlands

DONATION ACCEPTANCE POLICY
Amended April 21, 2020

PURPOSE
The purpose of this policy is to establish a policy that is consistent with the City’s strategic goals for accepting donations in a transparent and accountable manner from individuals, community groups, charitable organizations, and businesses who wish to make donations to the City of Redlands.

Additionally, this policy will provide for uniform criteria and procedures to guide the review and acceptance of such donations, confirm that the City has adequate resources to administer such donations, and ensure that the City appropriately acknowledges the generosity of the donor.

DEFINITIONS
Donation or Gift shall mean a monetary contribution, personal property, real property, equipment, or any other asset that the City has accepted and for which the donor has not received any legal consideration in return. For purposes of this Policy, the terms “donation” and “gift” shall be synonymous.

Donor shall mean a person or legal entity that proposes or provides a donation to the City.

Endowment shall mean monetary donations that are restricted by the respective donor to the extent that only earnings, and not principal, may be expended by the City for the donor’s designated or intended purposes. Such donations are restricted donations in the sense that the donor-specified purpose is to preserve the corpus of the initial donation.

Restricted Donation shall mean monetary donations whose expenditure is restricted to a Donorspecified purpose, which may identify a particular City department, program, project, or other purpose as the beneficiary of the donation. For example: such donations may include the funds directed to support a public art initiative or to support construction of a skate park.

Unrestricted Donation shall mean a donation made to the City by a donor without any limitations or restrictions being placed upon its use.

GENERAL GUIDELINES

1. Donations do not become the property of the City until accepted by the City in a manner consistent with this Policy.

2. In the event that any City employee, volunteer, or elected official is offered a restricted donation on behalf of the City, that City employee, volunteer, or elected official shall direct the donor to provide such restricted donation directly to the City’s Management Services / Finance Department for processing and acceptance.

3. The City’s Management Services / Finance Department shall be responsible for authorizing acceptance of restricted donations.

4. In the event that any City employee, volunteer, or elected official is offered an unrestricted donation, they may accept the donation on behalf of the City and are required to bring the donation to the Revenue Division of the Management Services / Finance Department for deposit.

5. In order to efficiently accept, expend, and account for funds donated to the City, a. The City Manager and his or her designee in coordination with the Management Services / Finance Department may review and decide to accept or decline individual donations up to the amount of $30,000.
b. The City Council shall review and decide to accept or decline individual donations exceeding the amount of $30,000.

6. All donations will be evaluated by the City prior to acceptance to determine whether the donation is consistent with the corresponding department or program’s mandate; is in the City’s best interest; and is consistent with applicable City laws, policies, ordinances, and resolutions.

7. The City has no obligation to accept any donation proposed by a donor. The City reserves the right to decline any donation if, upon review, acceptance of the donation is determined in the sole discretion of the City to not be in the best interests of the City.

8. The City does not provide legal, accounting, tax or other such advice to donors. Each donor is ultimately responsible for ensuring the donor’s proposed donation meets and furthers the donor’s charitable, financial, and estate planning goals. As such, each donor is encouraged to meet with a professional advisor before making any donation to the City.

9. On behalf of the City and depending on the amount of an individual donation, the City Manager, or the City Council must determine whether an expenditure of City funds, either a direct outlay of City funds or the use of City employees and materials, is associated with or required by acceptance of that individual donation prior to acceptance.

10. The donation must be used for official City business, and not for political activities or other personal business. Donations may not confer a personal benefit to any City employee or City official.

11. No undue public benefit or similar advantage is to accrue to the donor or to any person affiliated with, related to, or not dealing at arm’s length with the donor as a result of the donation.

12. A donor may restrict a donation for a particular City department, location or purpose, but not designate the City official who may use the donation.

13. If required, the City will report a donation made to the City to the Fair Political Practices Commission (FPPC) in accordance with the timelines and directives described in title 2, section 18944 of the California Code of Regulations.

14. If a donation to the City is made at an elected City official’s behest from a single source in a calendar year, and the donation meets or exceeds the amount established by the FPPC, the elected City official must file a FPPC Form 803 with the City Clerk disclosing this information.

15. The City department or office administering the donation is responsible for acknowledging receipt of and thanking, on behalf of the City, the donors of donations.

16. The City shall comply with all applicable laws and regulations of the Internal Revenue Service regarding the acceptance of donations.

17. The City department or office administering the donation shall work with the Management Services / Finance Director or his or her designee to determine the appropriate accounting for the donation.

18. Donors are required to advise the City if the donor is making a donation to the City on a date that falls within thirty (30) days from when the donor, or the donor’s organization or company, was, is, or plans to be involved with an application for a City permit or planning approval or with responding to an active City solicitation for goods and/or services.

POLICY
Unrestricted Donations of Monetary or Tangible Items
All donations to the City shall immediately be submitted for consideration for acceptance. City staff shall review every donation and determine if the benefits to be derived warrant acceptance of the donation.

A. Unrestricted monetary donations will be deposited into the City’s General Fund donation account.

B. Donations for gratuitous purposes (e.g. holiday gift baskets, etc.) to any City employee are governed by the City’s Gift Policy, as adopted by the City Council on September 3rd, 2008.

In brief, it is the policy of the City to prohibit acceptance of gifts by Cityemployees.

Council Notification: The Management Services / Finance Department will notify the City Council on an annual basis of all accepted and rejected monetary donations received and processed.

Restricted Donations of Monetary or Tangible Items
The Management Services / Finance Department will evaluate whether the donation:
• is in the City’s best interest and is consistent with applicable City ordinances, resolutions, and policies;
• has any special restrictions and if so, if those restrictions are acceptable to theCity; • obligates the City to make an immediate or initial City expenditure which has not been included in the approved City budget; or
• creates a new, one-time or an on-going general maintenance obligation for the City.

Based on such evaluation, recommendations for acceptance or rejection of the donation will be made to the City Manager or his or her designee.

Donations of Real Property
All determinations for acceptance of donations of real property shall be made by the City Council.

The Facilities and Community Services Department shall administer the donation of real property, in conjunction with any other City departments deemed appropriate.

Donations of Trust and Endowment Funds
Donations of trust and endowment funds shall be administered by the Management Services / Finance Department in accordance with Generally Accepted Accounting Principles applying the relevant Governmental Accounting Standards Board pronouncements.

In general, endowments exist to invest resources for the purpose of generating income. As such, in order for a donation to be considered for the establishment of an endowment fund at the request of the donor, the City in its sole discretion shall apply minimum dollar amount thresholds in keeping with the best interests of the City.

City of Redlands
Donation Acknowledgement Form
Management Services/ Finance Department
Revenue Division
35 Cajon Street, Suite 15 B
Redlands, CA 92373
Phone: 909-798-7544

DONOR INFORMATION
Company/Individual:

Contact person:

Address:

City/State/Zip:

Phone: Email:

DONATION INFORMATION
Amount of Monetary Donation:

Stated Purpose for Donation:

Any Donor-Specified Restrictions on the Use of the Donation:

Donor Signature:

Date Accepted:

Signature of City Representative:

Thank you for your donation to the City of Redlands.

The Management Services/ Finance Department will be in
touch with you shortly.

Your generosity is appreciated.

I:\ca\Reso\6.14.18 rvsd_7868 - Donation Policy (002).docx

GIFTS AND DONATIONS
The Crowell Public Library welcomes donations that further the goals and strategic priorities of the Library. Donors are encouraged to donate to the library through gifts of many types, such as books, materials, and monetary donations. Donations are considered for acceptance based on furthering the Collection Development Policy and Strategic Plan of the Library.

Book & Material donations must meet the same selection criteria as purchased materials and are subject to the following limitations.
 The Library retains unconditional ownership of the gift.  The Library makes the final decision on the use or other disposition of the gift.  The Library reserves the right to decide the conditions of display, housing and access to the materials.

Monetary donations are managed in accordance with the City of San Marino’s Policy for Operation of Donations Fund, and reviewed by the Library Board of Trustees and the Crowell Public Library’s Administration Division.

Book & Material Donations
The Crowell Public Library accepts book and material donations for the Library’s Collection that fall within needed subject categories, as determined by the Library Collection Policy, City Librarian and library staff. It is important to note, due to space limitations and the cost of handling donations, most used books go directly to the Library’s Friends Book Shoppe, where they are sold for a reasonable cost. All profits are returned to the Library to help fund programs and materials. Additionally, books in poor condition cannot be accepted by the Friends Book Shoppe or the Library, and do not take responsibility for returning unwanted items to a donor.

How to Donate
 Please have books and materials delivered in boxes or bags.

Drop off hours are during the following library hours:
 Monday through Thursday – 10:00 a.m. to 8:30 p.m.
 Friday through Saturday – 10:00 a.m. to 4:30 p.m.
 Sunday – 1:00 p.m. to 4:30 p.m.

Other Library Donations
The Library does not accept non-library oriented materials (e.g. paintings, wall art, furniture, decorative items). Individuals wishing to make these and other types of donations including but not limited to goods and services, should contact the City Librarian.

Donors will be given a receipt stating the date and number of items received. Internal Revenue Service regulations do not permit the Library to assign a value to donated materials. The establishment of the donation’s value is the responsibility of the donor.

Monetary Donations
The Crowell Public Library welcomes monetary donations that may be designated as memorials.  Monetary donations designated for periodicals, newspapers, electronic databases and e-books collection are accepted in lieu of actual subscriptions. These contributions offset the high cost of periodical subscriptions and maintain the continuity of subscriptions from year to year. Donors may suggest subjects or titles to be acquired with their donation, but the Library reserves the right of final decision.
 Monetary donations designated for Memorial and Honor monetary donations will be used to purchase book(s) in the requested subject area whenever possible and pursuant to the Collection Development Policy. A special book plate may be placed in the book naming the honoree.  Monetary donations designated for the Library’s Wish List will be restricted toward items specified on the list. These are items the staff has identified as important to creating a positive library environment. Some items are expensive; therefore, the Library welcomes partial donations towards their purchase.
 Monetary donations for general purposes will be processed and managed in accordance with the City of San Marino’s Policy for Operation of Donations Fund.  The Library cannot guarantee an item may be kept in perpetuity and cannot take responsibility for notifying a donor if an item is lost or withdrawn.

Ways to Donate
 Donate directly to the Crowell Public Library by writing a check addressed to the “City of San Marino.”
 Donate directly to the Library by credit or debit card by visiting the front desk of the Library, the corresponding staff will take the donor’s name and address for the purposes of sending a tax receipt and appreciation letter.
 Contact the San Marino Public Library Foundation by phone at (626) 300-0777 extension 544 or visit www.sanmarinoplf.org – Partner of the Crowell Public Library since 1995.  Contact the City Librarian at (626) 300-0775, and discuss monetary arrangements and how donations can be used to address the goals and strategic plan of the Library.

Procedure upon receipt of Monetary Donations

1. The Library will send a letter acknowledging the donation and its tax deductible status to the donor.

2. Library Administration will process the donation in accordance with the City of San Marino’s Policy for Operation of Donations Fund.

3. Depending on the type of donation, donor will be sent a second letter with a photo or a receipt demonstrating that the item has been purchased in a timely manner.

4. For donation amounts above $500.00, with the permission of the donor, the donor may be recognized before City Council during a regularly scheduled Council Meeting.

Please call the Library at (626) 300-0777 for further clarification or general donation inquiries.

Approved by Library Board of Trustees
November 26, 2018