San Marino City Council
June 8, 2022

San Marino Police Department
San Marino PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/29, All Rights Reserved.

Published with permission by San Marino Police Department ***DRAFT*** Military Equipment - 4 705.8 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 705.9 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 705.10 MILITARY EQUIPMENT INVENTORY
The attached inventory list of Military Equipment constitutes a list of qualifying equipment for the San Marino Police Department. See attachment: Military Weapons utilized by SMPD O-22-1390 (Policy 705 attachment).pdf
705.11 FUNDING
The San Marino Police Department shall seek City Council approval for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

Notwithstanding the above, the Department has authority to apply for funding prior to obtaining City Council approval. The Department shall obtain City Council approval as soon as practicable. 705.12 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS
The Chief of Police has the authority to outfit Department personnel with standard issue Military Equipment. Further the Chief of Police may acquire and maintain the appropriate inventory for expendable Military Equipment in accordance with the City's Purchasing Policy.

To maintain public safety and welfare, it is the Department's intention to maintain Military Equipment supply levels as specified in they Policy. Therefore, when Military Equipment inventory supply levels have been depleted, damaged, destroyed, or due to for replacement, the Department may order, replenish, replace, and/or renew its stock. In addition, the Department shall, absent exigent circumstances, obtain City Council approval before acquiring Military Equipment not listed in this policy.
705.13 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which

San Marino Police Department
San Marino PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/29, All Rights Reserved.

Published with permission by San Marino Police Department ***DRAFT*** Military Equipment - 5 the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
705.14 COMPLIANCE
The Military Equipment Coordinator will ensure that all Department members will comply with this policy. The Military Equipment Coordinator will conduct an annual audit with the assistance of the Support Service Commander, or his/her designee. All instances of non-compliance will be reported to City Council via the annual military equipment report. The City Council will review all non-compliance instances and issue appropriate directives to ensure compliance by the Department. The Support Services Commander, or his/her designee will report to the Chief of Police when instances of non-compliance have been resolved.

Any member of the public can register a question, concern, or complaint regarding military equipment use either in person, telephonically, or by email by contacting the San Marino Police Department's Support Services Commander, or his/her designee.

A response to the question, concern, or complaint shall be completed by the Department in a timely manner.

San Marino PD CA Policy Manual
Copyright Lexipol, LLC 2022/04/29, All Rights Reserved.

Published with permission by San Marino Police Department ***DRAFT*** Attachments - 6 Attachments

Attachment
San Marino PD CA Policy Manual
Copyright Lexipol, LLC 2022/04/29, All Rights Reserved.

Published with permission by San Marino Police Department ***DRAFT*** Military Weapons utilized by SMPD O-22-1390 (Policy 705 attachment).pdf - 7
Military Weapons utilized by SMPD
O-22-1390 (Policy 705 attachment).pdf
Military Weapons utilized by SMPD O-22-1390 (Policy 705 attachment).pdf

MILITARY EQUIPMENT INVENTORY

AS UTILIZED BY SAN MARINO POLICE DEPARTMENT

1. COMMAND AND CONTROL VEHICLES ARE EITHER BUILT OR MODIFIED TO

FACILITATE THE OPERATIONAL CONTROL AND DIRECTION OF PUBLIC SAFETY UNITS.

Command Post Trailer (2000 Mighty Mover Trailer)
A) Description: 16-foot mobile trailer utilized by the police department for situations where a quick response and uninterrupted communications is needed. Police staff at command post manage incidents and provide command and control to other police assets during an incident. The command post also provides a central location where other assets can be accounted for and distributed as needed.

B) Quantity: 1.

C) Capabilities: The command post trailer is equipped with retractable light pole with spotlights to illuminate an area. Supplies (traffic cones, barriers, canopies, etc.) are stored in the command post trailer allowing for quick deployment as the need arises. A communications station is mounted inside the trailer allowing a dispatcher to communicate with both the dispatch center at the police department station and officers at the scene. The incident commander will be located at the command post trailer exercising direct control of the incident.

D) Expected Lifespan: approximately 15 years.

E) Product Description from Manufacturer: Not available F) Purpose and Authorized Use: This equipment is necessary for San Marino Police Department officers to use as a mobile station in the event of large-scale events, natural disasters, and or any dynamic events. It can also serve as a communications center if the station was compromised as a viable dispatching location.

G) Fiscal Impact: Command post trailer has been in service since 2000. Maintenance is minimal.

H) Legal and Procedural Rules Governing Use: The use of this equipment will comply with all legal constraints and San Marino Police Department Policy.

I) Required Training: N/A

2. KINETIC ENERGY WEAPONS AND MUNITIONS.

Defense Technology, 40mm Tactical, 4-Shot Launcher, #1440

A) Description: The 40mm Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy-to-carry launcher. It features the Rogers Super Stoc™ expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. It will launch a 40MM less-lethal round.

B) Quantity: 1.

C) Capabilities: Ability to be fired from as close as 5 feet to over 100 feet. Targeting considerations should comply with San Marino Police Department Policy 300 - Use of Force and San Marino Police Department Policy 303 - Control Devices and Techniques.

D) Expected Lifespan: approximately 15 years.

E) Product Description from Manufacturer: The Defense Technology® #1440 is a Tactical 40mm 4-Shot Launcher with an expandable ROGERS Super Stoc™, and an adjustable Picatinny mounted front grip. The Tactical 4-Shot will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length. Lightweight and tactical, this weapon is NOT designed to fire 40mm High-Velocity HE ammunition. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.

F) Purpose and Authorized Use: This equipment is necessary for Patrol / Mobile Field Force situations to stop violent / rioting / armed individuals without using deadly force.

This equipment can be deployed at a distance to increase officer safety.

G) Fiscal Impact: Approximately $1,975 per launcher. Maintenance is minimal H) Legal and Procedural Rules Governing Use: The use of this equipment will comply with all legal constraints and comply with San Marino Police Department Policy (including but not limited to San Marino Police Department Policy 300 - Use of Force, San Marino Police Department Policy 303 - Control Devices and Techniques & San Marino Police Department Policy 438 - First Amendment Assemblies).

I) Required Training: Instructors are required to attend a POST certified or manufacturer instructor course. Instructors then teach officers the laws and policies surrounding less-lethal devices, followed by hands-on training deploying various munitions.

Defense Technology, 40mm Single Shot Launcher, #1425
A) Description: The 40MM Single Launcher is a tactical single-shot launcher of 40MM less-lethal round.

B) Quantity: 7.

C) Capabilities: Ability to be fired from as close as 5 feet to over 100 feet. Targeting considerations should comply with San Marino Police Department Policy 300 - Use of Force and San Marino Police Department Policy 303 - Control Devices and Techniques.

D) Expected Lifespan: approximately 25 years.

E) Product Description from Manufacturer: The 40LMTS is a tactical 40mm single-shot launcher that features an expandable stock and an adjustable Integrated Front Grip (IFG) with a light rail. The Ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow single- and two-point sling attachments. The 40LMTS will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length. This weapon is NOT designed to fire 40mm High-Velocity HE ammunition. The Picatinny Rail Mounting System will accept a wide array or enhanced optics/sighting systems.

F) Purpose and Authorized Use: This equipment is necessary for Patrol / Mobile Field Force situations to stop violent / rioting / armed individuals without using deadly force.

This equipment can be deployed at a distance to increase officer safety.

G) Fiscal Impact: Approximately $1000 per launcher. Maintenance is minimal H) Legal and Procedural Rules Governing Use: The use of this equipment will comply with all legal constraints and comply with San Marino Police Department Policy (including but not limited to San Marino Police Department Policy 300 - Use of Force, San Marino Police Department Policy 303 - Control Devices and Techniques & San Marino Police Department Policy 438 - First Amendment Assemblies).

I) Required Training: Instructors are required to attend a POST certified or manufacturer instructor course. Instructors then teach officers the laws and policies surrounding less-lethal devices, followed by hands-on training deploying various munitions.

Defense Technology, 40mm Exact Impact Standard Range Sponge Round, #6325
A) Description: The exact Impact 40 mm Sponge Round is a point-of-aim, point-ofimpact direct-fire round. This lightweight, high-speed projectile consists of a plastic body and sponge nose that is spin-stabilized via the incorporated rifling collar and the 40 mm launcher's rifled barrel. A sponge-like projectile is fired from a launcher during less-lethal deployments.

B) Quantity: Approximately 50.

C) Capabilities: Ability to be fired from as close as 5 feet to over 100 feet. The 40MM Direct Impact munition, travels at an average velocity of 305 feet per second. Targeting considerations should comply with San Marino Police Department Policy 303 - Control Devices and Techniques.

D) Expected Lifespan: 5 years.

E) Product Description from Manufacturer: The exact impact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consists of a plastic body and sponge nose that is spin-stabilized via the incorporated rifling collar and the 40 mm launcher's rifled barrel. The round utilizes smokeless powder as the propellant and has exceptionally consistent velocities. They are used for Crowd Control, Patrol, and Tactical Applications.

F) Purpose and Authorized Use: This equipment is necessary for Patrol / Mobile Field Force situations to stop violent / rioting / armed individuals without using deadly force.

This equipment can be deployed at a distance to increase officer safety.

G) Fiscal Impact: approximate cost: $900 for 50 units.

H) Legal and Procedural Rules Governing Use: The use of this equipment will comply with all legal constraints and comply with San Marino Police Department Policy (including but not limited to San Marino Police Department Policy 300 - Use of Force, San Marino Police Department Policy 303 - Control Devices and Techniques & San Marino Police Department Policy 438 - First Amendment Assemblies).

I) Required Training: Instructors are required to attend a POST certified or manufacturer instructor course. Instructors then teach officers the laws and policies surrounding less-lethal devices, followed by hands-on training deploying various munitions.

3. SPECIALIZED FIREARMS AND AMMUNITION OF LESS THAN .50 CALIBER,

INCLUDING FIREARMS AND ACCESSORIES IDENTIFIED AS ASSAULT WEAPONS IN PENAL CODE SECTION 30510 AND PENAL CODE SECTION 30515.

AR (Armalite Rifle) pattern rifles
A) Description: These rifles are semiautomatic fired from shoulder level. These rifles have a long spirally grooved barrel intended to make bullets spin and have greater accuracy over a long distance. The magazines for these rifles come in magazines of 10, 20, or 30 rounds per magazine. These rifles come equipped with traditional "iron sights" or a red/green dot aiming system which improves accuracy.

B) Quantity: 36. (Rifles in service with the San Marino Police Department are manufactured by Colt or Bushmaster)
C) Capabilities: These rifles fire .223 rounds with an average velocity of 2500-2800 feet per second. In addition, these rifles are effective up to (approximately) 400 yards.

D) Expected Lifespan: 20+ years.

E) Product Description from Manufacturer: Not Available.

F) Purpose and Authorized Use: This equipment is necessary for San Marino Police Department officers when confronting a threat of severe bodily injury or death either to themselves or members of the public. In certain situations (such as active shooter events), this equipment is favorable to handguns or shotguns because it allows San Marino Police Department officers increased range and accuracy.

G) Fiscal Impact: approximate cost: $36,000 for 36 units.

H) Legal and Procedural Rules Governing Use: The use of this equipment will comply with all legal constraints and with San Marino Police Department Policy (including but

not limited to San Marino Police Department Policy 300 - Use of Force, San Marino Police Department Policy 306 - Firearms.

I) Required Training: Instructors are required to attend a POST certified patrol rifle instructor course. Instructors then teach officers the laws and policies surrounding deployment and use of patrol rifles which is followed by hands-on training and department qualification prior to employment on duty.

ORDINANCE NO. O-22-1390

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO, IMPLEMENTING AB 481 AND APPROVING A POLICY FOR

THE USE OF MILITARY EQUIPMENT BY THE SMPD
WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code sections 7071 et. seq.) sets forth a process by which law enforcement agencies are to obtain approval from their governing bodies of a military equipment use policy through the adoption of an ordinance; and
WHEREAS, AB 481 added California Government Code Sections 7070, 7071, and 7072 to codify the requirements set forth in AB 481 including that the City of San Marino approve a Military Equipment and Use policy by Ordinance;
WHEREAS, pursuant to Government Code Section 7071(a)(1), requires that an ordinance must be timely adopted before a law enforcement agency may acquire or use new or existing military equipment and engage in other specified activities; WHEREAS, the San Marino Police Department (“SMPD”) currently has military equipment (as that term is defined in Government Code section 7070(c)) in its inventory; WHEREAS, the SMPD works closely with other local, county, state, and federal law enforcement agencies on police related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies;

WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members;
WHEREAS, the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City is necessary to safeguard the public’s welfare, safety, civil rights, and civil liberties and there is no reasonable alternative that can achieve the same objective of officer and civilian safety; WHEREAS, SMPD Policy 705 sets forth a military equipment use policy that is consistent with the Department’s current practices, has been posted on the Department’s website for at least thirty (30) days, complies with all the requirements of AB 481, will ensure ongoing regulation and

ORDINANCE NO. O-22-1390
PAGE 2 of 4
compliance with the law going forward, and will provide a means of community engagement and transparency regarding use of military equipment by the Department; WHEREAS, public notice has been provided in accordance with applicable law; and WHEREAS, the City Council desires to approve a military use policy in compliance with AB 481.

NOW, THEREFORE, the City Council of the City of San Marino, California, DOES HEREBY ORDAIN as follows:

Section 1. The City Council finds and determines as follows:

A. The facts set forth in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this ordinance.

B. Authorizing the use of military equipment as set forth in this ordinance and SMPD Policy 705 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of the military equipment as set forth in Policy 705 is part of the Police Department’s overall approach to Critical Incident Management, Use of Force, De-Escalation and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.

C. This ordinance and Policy 705 will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting out, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified military equipment in the City of San Marino.

D. For the equipment purchases set forth in Policy 705, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

E. Prior military equipment use by the Department complied with the military equipment use policy that was in effect at the time of the use.

F. This ordinance and SMPD Policy 705 comply with the requirements of AB 481.

Section 2. The City Council finds that this ordinance and Policy 705 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

ORDINANCE NO. O-22-1390
PAGE 3 of 4
Section 3. Approval of Military Equipment Policy. The City Council adopts the 2022-2023 Military Equipment Use Policy, as set forth in Exhibit A. The City Council further directs staff to establish an annual review procedure to review and provide for approval of any renewal of the military equipment use policy, in accordance with Government Code section 7072, to occur before May 1st of each subsequent year.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, 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 ordinance, 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. Effective Date and Duration. This ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall certify the adoption of this ordinance and shall cause to be published pursuant to the provisions of Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 8th day of June, 2022. _____________________________

SUSAN JAKUBOWSKI
MAYOR
ATTEST:
___________________________

CHRISTINA BAKER

CITY CLERK
APPROVED AS TO FORM:
____________________________________

JOSEPH MONTES

CITY ATTORNEY

ORDINANCE NO. O-22-1390
PAGE 4 of 4

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SAN MARINO )
I HERBY CERTIFY that the foregoing Ordinance No. O-22-1390, was introduced at a Regular Meeting of the City Council held on the 11th day of May, 2022, and was approved and adopted at a Regular Meeting of the City Council held on the 8th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTINA BAKER

CITY CLERK

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Well-Maintained Infrastructure
• Fiscally Responsible and Transparent City Government

BACKGROUND
On February 10, 2021, the Council awarded a professional design services agreement to Dudek for the preparation of plans and specifications to upgrade all three (3) of the City’s wastewater lift stations, which has been a recurring part of the Capital Improvement Program since FY 2018-

19. These upgrades will make the lift stations contemporary to current technology, including telemetry, energy efficiency, and uniform in controls and parts. Design work is 95% complete, and the Public Works Department will solicit bids for the construction portion of the Lift Station Program upon receipt of the completed plans and specifications, which is expected to occur during FY 2022-23.

DISCUSSION
The agreement with Dudek expires on June 30, 2022 and an extension of the current agreement is required to allow Dudek sufficient time to complete the project plans and specifications. As such, a contract amendment is required to extend the contract duration to ensure completion of the plans and specifications, after which the project can move into the construction phase.

TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Robert Newman, Interim Director of Parks and Public Works/City Engineer Robert Bauman, Management Analyst
DATE: June 8, 2022
SUBJECT: APPROVAL OF AGREEMENT AMENDMENT NO. 1 WITH DUDEK

FOR PROFESSIONAL DESIGN SERVICES FOR THE LIFT
STATION IMPROVEMENT PROGRAM THROUGH JUNE 30, 2023
Susan Jakubowski,, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

FISCAL IMPACT & PROCUREMENT REVIEW
The Council awarded a professional design services agreement to Dudek On February 10, 2021 for the amount of $73,075 budgeted in account no. 394-44-4600-8022. To date, $43,174 has been spent. As such, $29,900 is remaining from the original agreement. The services provided during the contract extension will not require any new funding nor an additional appropriation.

The City’s adopted FY 22-23 budget has appropriated $882,000 for the construction phase of the project .

LEGAL REVIEW
The City Attorney reviewed and approved the staff report and Amendment No. 1 as to legal form.

RECOMMENDATION
Staff recommends the City Council approve Amendment No. 1 to extend the term of the Professional Design Services Agreement through June 30, 2023. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve Amendment No. 1 to the professional design services agreement with Dudek, which will extend the agreement through June 30, 2023, for their continued services for the Lift Station Improvement Program, and authorize the City Manager to execute the amendment on behalf of the City.”

ATTACHMENTS

1. Proposed Amendment No. 1

2. Original Professional Design Services Agreement

Doc No. 2547482
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF SAN MARINO

AND DUDEK
THIS AMENDMENT NO. 1 TO THE AGREEMENT (“Amendment No. 1”) by and between the CITY OF SAN MARINO (“City”) and DUDEK a California corporation (“Contractor”) is effective as of June 9, 2022. City and Contractor are collectively referred to as the “Parties.”

RECITALS
A. City and Contractor entered into that certain Agreement for Professional Services dated February 10, 2021 (“Original Agreement”) whereby Contractor agreed to provide those professional services specified in the Original Agreement.

B. City and Contractor now desire to amend the Original Agreement, in accordance with Section 16 of the Agreement to include an additional twelve months of service from July 1, 2022 through June 30, 2023.

TERMS

1. Contract Changes. The Original Agreement is amended as provided herein.

A. Section 2 of the Original Agreement is amended to read as follows:

2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through June 30, 2023, unless sooner terminated as provided in Section

5.0 of this Agreement.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Original Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Original Agreement, as amended by Amendment No. 1.

3. Authority. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the date and year first hereinabove written.

Doc No. 2453984
City of San Marino Dudek
By:_____________________________ By:______________________________ Marcella Marlowe, Ph.D. Signature
City Manager
______________________________
Print Name and Title

Date:____________________________ Date: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ________________________________ Christina Baker Joseph Montes
City Clerk City Attorney

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LIFT STATION IMPROVEMENT PROGRAM PROJECT NO. 21-8022
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
DUDEK
605 THIRD STREET
ENCINITAS, CALIFORNIA 92024
This Professional Service Agreement (“the Agreement”) is made as of February 10, 2021 (the “Effective Date”), by and between Dudek (“Consultant”), a California corporation, and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).

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RECITALS
A. City desires certain professional services as specified in this Agreement.

B. Consultant represents that it is qualified and able to provide City with such services.

NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (“Services”) set forth in the attached Exhibit A.

1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.

1.4. Consultant shall not be compensated for any work performed unless it is specified in Exhibit A or City authorizes such work in advance and in writing. Any work so authorized by City shall become part of the Services for purposes of this Agreement.

2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through June 30, 2022 unless sooner terminated as provided in Section 5.0 of this Agreement.

3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $73,075. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing. Pursuant to Section

02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services greater than thirty thousand dollars ($30,000.00).

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end

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of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.

4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for two years following the expiration or earlier termination of this Agreement.

5.0 Termination

5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five (5) calendar days before the termination is to be effective.

5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.

5.3. Upon termination of this Agreement, Consultant shall cease all work under this Agreement and deliver to City all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. City shall pay Consultant for all services satisfactorily rendered through the last working day this Agreement is in effect; provided that in no event, including but not limited to termination, shall Consultant be entitled to receive more than the maximum compensation set forth in Section 3. Neither party shall have any other claim against the other party by reason of termination pursuant to this Section 5.0.

6.0 Reports, Information and Work Product

6.1. Consultant shall deliver to City: (1) any reports on the status of the Services upon City’s request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City’s request and/or upon the expiration or termination of this Agreement.

6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made. Consultant shall

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not obtain or attempt to obtain copyright protection as to any of the Work Product.

Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.

6.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product produced under this Agreement. If any use by city of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement.

6.4. Consultant’s obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.

7.0 Party Representatives

7.1. City’s representative for purposes of this Agreement is the City Manager or the person designated in writing by the City Manager. The City Manager’s designee may exercise the authority of the City Manager provided in this Agreement excepting approval of any expenditure that would exceed a total compensation allowed under the Agreement.

7.2. Russ Bergholz, PE, Principal-in-Charge, is Consultant’s representative for purposes of this Agreement.

8.0 Notices

8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of San Marino
2200 Huntington Drive

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San Marino, California 91108
Attn: City Manager
To Consultant: Dudek
605 Third Street
Encinitas, California 92024
Attn: Russ Bergholz, PE, Principal-in-Charge

8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

9.0 Independent Consultant

9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

9.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s personnel practices.

City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

All duties of Consultant under this Section 9.2 shall survive termination of this Agreement.

9.3. In the event that Consultant provides any of the Services by or through any employee or any person whose work under this Agreement becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, Consultant shall be solely responsible for all such payments or contributions. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s failure to make any such payment or contribution. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section 9.3 shall survive termination

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of this Agreement.

10.0 Subcontractors
Unless otherwise specified in Exhibit A, no portion of this Agreement shall be subcontracted without the prior written approval of the City Manager. Consultant is fully responsible to City for the performance of any and all subcontractors, if any.

11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City Manager. Any purported assignment without such consent shall be void and without effect.

12.0 Insurance

12.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements, including but not limited to additional insured endorsements, effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City, if requested.

All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

12.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers licensed to do business in California with a current A.M. Best’s rating no less than A:VIII unless otherwise approved in writing by City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability Coverage form (CG 0001); (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance; (3) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, (4) Professional Liability: Insurance Services Office Professional Liability Coverage form RHIC 6101. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance with limits of at least $1,000,000) per occurrence; (3) Automobile Liability: $1,000,000 per

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accident for bodily injury and property damage; and (4) Professional Liability: $1,000,000 per claim/aggregate.

12.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled by Consultant except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its directors, officials, or officers; (3) coverage shall be primary insurance as respects City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant’s scheduled underlying coverage and that any insurance or self-insurance maintained by City, its directors, officials, officers, employees, agents and volunteers shall be excess of Consultant’s insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible.

12.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its directors, officials, officers, employees, agents, and volunteers.

12.5. Any deductibles or self-insured retentions shall be declared to and approved by the City Manager. Consultant guarantees that, at the option of the City Manager, either:
(1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its directors, officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

12.6. Consultant waives any right to subrogation that any insurer of Consultant may acquire by virtue of payment of any loss under the policies required by this Agreement. Consultant shall obtain any endorsement that may be necessary to affect this waiver of subrogation.

13.0 Indemnification, Hold Harmless, and Duty to Defend

13.1. Indemnity for Design Professional Services. To the maximum extent permitted by law, and to the extent caused by the acts or omissions of Consultant, its employees, or its agents in connection with the performance of design professional services under this Agreement, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, volunteers, and agents serving as independent contractors in the role of City officials (collectively, “Indemnitees”), with respect to any and

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all claims, demands, causes of action, costs, expenses liability, loss, damage or injury in law or equity, to property or persons, including wrongful death, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses (collectively, “Claims” hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, that arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. With respect to such Claims, Consultant shall, at its own cost, expense, and risk, defend Indemnitees in any action or actions filed in connection with any Claims with counsel of Indemnitees’ choice, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees to the extent caused by the acts or omissions of Consultant, its employees, or its agents, as determined by judicial decision or agreement of the Parties.

13.2. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by Subsection 13.1, Consultant shall, to the maximum extent permitted by law, defend, indemnify, and hold Indemnitees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant’s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement

13.3. Consultant must obtain executed indemnity agreements with provisions identical to those in Sections 13.1 and 13.2 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of the Services. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless, and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged, or threatened, arising or claimed to arise out of, pertaining to, or relating to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their respective officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence,

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except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

14.0 Equal Opportunity
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

15.0 Labor Certification

15.1. By its signature hereunder, Consultant certifies it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code. Consultant shall provide evidence of such coverage before commencing the performance of the Services.

15.2. Consultant certifies that in the performance of this Services, Consultant shall not, in any manner, employ any person or contract with any person so that any Services so performed by such person would be subject to the workers’ compensation laws of the State of California unless and until Consultant gives City a certificate of consent to self-insure, or a certificate of Workers' Compensation Insurance Coverage.

15.3. In the event Consultant hires a subcontractor who has employees to perform the Services or any part thereof, then Consultant shall either require the subcontractor to obtain Workers’ Compensation Insurance Coverage, or must obtain Workers’ Compensation Insurance Coverage for the subcontractor’s employees.

15.4. Any Workers’ Compensation Insurance Coverage required by or for this Agreement shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, its agents, and its subcontractors.

16.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

17.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

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

19.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

20.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

21.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

22.0 Force Majeure
Consultant shall not be liable for any failure to perform any obligation under this Agreement if Consultant presents that City in its sole judgment deems acceptable that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

23.0 Final Payment Acceptance Constitutes Release
Consultant’s acceptance of City’s final payment under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for the Services or anything done or furnished relating thereto. Neither City’s payment to Consultant nor approval of payment constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such or payment or approval be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

24.0 Prohibited Interests; Conflict of Interest

24.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would

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conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.

Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

24.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

24.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.

25.0 Attorneys’ Fees
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

26.0 Exhibits
Each exhibit referenced in this Agreement is hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

27.0 Corporate Authority

27.1. Each person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of Consultant and that by his or her execution, Consultant is formally bound to the provisions of this Agreement.

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27.2. Consultant certifies it is aware of the requirements of Sections 313 of the California Corporations Code. If Consultant is a corporate entity, it shall either: (a) provide City written proof that each person executing this Agreement on Consultant’s behalf is duly authorized to bind Consultant; or (b) provide two signatories to this Agreement, of whom the first must be Consultant’s chairman of the board, president, or a vice president and the second who must be Consultant’s secretary, an assistant secretary, its chief financial officer, or an assistant treasurer..

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.

CITY OF SAN MARINO
By:_________________________
Marcella Marlowe, Ph.D.

City Manager
Attest:

By:_________________________
Christina Baker
City Clerk
Approved as to Form:

By:_________________________
Stephanie Cao
City Attorney

CONSULTANT
By:_____________________________
(Sign)
Name: __________________________
(Print)
Title: __________________________
(Print)
By:_____________________________ (Sign)
Name: __________________________ (Print)
Title: __________________________
(Print)

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Exhibit A
Scope of Services
Scope of Services found on the following page

Lift Station Improvement Program No. 21-8022 Page 10
Project Approach, Coordination and
Schedule
Project Understanding
The City of San Marino currently owns three (3) sewer lift stations. Rehabilitation of all three of the City’s sewer lift stations was recommended following the evaluation and recommendations provided in the City’s 2019 Sewer Condition Assessment Report. The City’s desired improvements to each of these lift stations are intended to modernize each facility, improve operations, improve reliability, increase efficiency, and to provide uniformity in lift station controls and equipment. A summary of each of the existing facilities in included in Table 3 below.

Table 3. Existing Sewer Lift Stations Summary
Facility Facility Notes Site Photo
Orlando
Sewer Lift
Station
• Submersible w/ Valve Vault
• Simplex Station
• Flow Capacity: 100 gpm
• Design Head: 46 feet TDH
• Pump Manufacturer/Model: ESSCO 493
• Number of Pumps: 1 (1 duty + 0 standby)
• Motor Size: 5 HP
• Power Type: 240 volt (V)
Avondale
Sewer Lift
Station
• Dry-Well/Wet-Well
• Duplex Station
• Flow Capacity: 275 gpm
• Design Head: 45 feet TDH
• Pump Manufacturer/Model: ESSCO
4x12TF
• Number of Pumps: 2 (1 duty + 1 standby)
• Motor Size: 10 horsepower (HP)
• Power Type: 240 volt (V), 3-Phase
Monterey
Sewer Lift
Station
• Dry-Well / Wet-Well
• Simplex Station
• Flow Capacity: 100 gpm
• Design Head: 20 feet TDH
• Pump Manufacturer/Model: ESSCO
4x12TF
• Number of Pumps: 1 (1 duty + 0 standby)
• Motor Size: 3 HP
• Power Type: 240 volt (V), 1-Phase
EXHIBIT A - 1 Page 436 of 458
Lift Station Improvement Program No. 21-8022 Page 11
Figure 3 displays the location map of each of the sewer lift stations included in this project.

Figure 3. Location Map of City Sewer Lift Stations
Dudek understands that site civil, mechanical, structural, electrical, and general improvement recommendations have been outlined in the in Section 3.2 of the City’s 2019 Sewer Condition Assessment Report. On the following page, Table 4 provides a summary of these recommendations for each lift station.

Table 4. Lift Station Improvement Recommendations as Identified in 2019 Sewer Condition Assessment Report
2019 Sewer Condition Assessment Report Recommendations
Facility Site/General Mechanical Structural Electrical
Orlando
Sewer
Lift
Station
• No site
improvements
identified
• Set up scheduled
maintenance
program for lift
station
• Install second pump and
necessary piping (install
redundant pumping unit)
• Repaint piping in valve
vault
• Construct new valve
vault to
accommodate
second pump
discharge
piping/valves
• Replace pump
control panel to
accommodate
second pump
EXHIBIT A - 2 Page 437 of 458
Lift Station Improvement Program No. 21-8022 Page 12
2019 Sewer Condition Assessment Report Recommendations
Facility Site/General Mechanical Structural Electrical
• Construct bypass pump
connection
Avondale
Sewer
Lift
Station
• No site
improvements
identified
• Set up scheduled
maintenance
program for lift
station
• Clean out sump, test sump
pump, replace pump as
necessary
• Repaint piping in dry well
• Construct bypass pump
connection
• Test ventilation fan;
replace ventilation fan as
necessary
• Rehabilitate concrete
in wet well
• Replace gasket on
control panel
enclosure
• Conduct electrical
testing to verify if
pump motor is
overloading
Monterey
Sewer
Lift
Station
• No site
improvements
identified
• Set up scheduled
maintenance
program for lift
station
• Install second pump and
necessary piping (install
redundant pumping unit)
• Construct bypass pump
connection
• Repair minor spalled
concrete area in wet
well
• Construct new dry
well vault to
accommodate
second pump
• Replace pump
control panel to
accommodate
second pump
Dudek understands that the goal of this project is to prepare detailed design plans, specifications, and construction cost estimates for the rehabilitation of the City’s existing Orlando, Avondale, and Monterey Sewer Lift Station facilities. The following subsection describes Dudek’s approach to successfully completing the project goal.

Project Approach
General Approach: Dudek’s general approach for the design improvements of the City’s three sewer lift stations is based on the following:

1. Verification of issues, deficiencies, and condition of each lift station facility as identified in the City’s 2019 Sewer Condition Assessment Report (2019 SCA).

2. Preparation/evaluation of design improvement alternatives based on lift station recommendations stated in the City’s 2019 SCA.

3. Facilitation of a preliminary design workshop between Dudek and City Engineering/Operations staff to discuss and determine the City’s preferred design alternatives/options for each lift station.

4. Preparation of detailed improvement design plans, specifications, and construction cost estimates.

5. Provision of formal bid documents to be advertised by the City for construction of the proposed lift stations’ improvements.

A detailed description of our approach with included level of effort has been broken down under the Scope of Services, included in the next subsection.

EXHIBIT A - 3 Page 438 of 458
Lift Station Improvement Program No. 21-8022 Page 13
Technical Approach: Dudek plans to provide the rehabilitation design of the City’s sewer lift stations based on the 2019 SCA recommendations. Our design approach will standardize on the improvement recommendations as listed in Table 4, contingent on verification of the issues identified in the 2019 SCA. Verification of these issues will be made through discussion with City operations staff during a planned site visit of the lift stations.

Dudek did perform an additional site visit of the Monterey Lift Station (Monterey LS) in July of 2019. During this site visit, Dudek discussed several items with the operations personnel on site. A few takeaways were identified at this lift station:
• Monterey LS experiences very low flow daily.
• There have not been any sewer overflows at the lift station in the past four years that he has maintained this station (since 2015).
• If there was any high level in the wet well, one of the City’s contracted Vactor trucks can easily handle the sewer inflow to allow enough time for emergency response/repair. • A newer AquaVX Scout communications/alarm/monitoring system was recently installed on the Monterey LS panel and it has been working great.

Dudek believes input from the operations staff can be the most beneficial in justifying and providing improvement design direction. As such, Dudek’s approach to this specific lift station is to have it remain a simplex station, but to upgrade its existing pump and piping to increase longevity of the station. With the efficiency of the newer AquaVX monitoring and alarm system, as well as the capability of the City’s contracted Vactor trucks to handle high level in the wet well (emergency condition), Dudek does not believe there is a need at this station to provide an additional backup pump or temporary bypass connection.

Dudek does believe that the issues previously identified at the Orlando and Avondale lift stations may be worth reinvestigating following discussions with City operations staff, similar to the Monterey LS.

As an alternative approach to this project, Dudek has explored a few additional alternative improvement recommendations that may warrant City consideration. Dudek’s alternative project approach is focused on providing design improvement alternatives that focus on mitigating issues that can result in sanitary sewer overflows (SSO) when necessary, as well as improvements that reduce the risk of possible operator injury.

Examples of such mitigation measures include:

1. Providing 100% pump redundancy

2. Providing efficient, easy access for Operations staff to pumping units for repair or replacement

3. Providing lift station design features that allow for efficient emergency bypass or emergency operation

4. Providing safe, easy access to lift station equipment for Operations staff. This can be in the form of access manway location, access manway size, dry-well/vault access, dry-well/vault ventilation (conformance to National Fire Protection Agency 820 standards).

Dudek uses these mitigation measures as a baseline to the develop possible improvement design alternatives.

These design alternatives are then evaluated in combination with cost-effectiveness and construction feasibility, which are discussed with City staff during a Preliminary Design Workshop facilitated by Dudek.

Based on Dudek’s understanding of the City’s three sewer lift stations, we have created the following Table 5, clarifying the primary deficiencies and possible alternative lift station design improvements to mitigate these deficiencies. The City may want to consider/discuss these design improvement alternatives upon investigation EXHIBIT A - 4 Page 439 of 458
Lift Station Improvement Program No. 21-8022 Page 14
during the preliminary design phase. Note that the Alternative 1 for each lift station is based on the improvement recommendations indicated in the City’s 2019 SCA.

Table 5. Initial Identification of Primary Lift Station Deficiencies and Possible Lift Station Design Alternatives
Facility Primary
Deficiencies
Design Alternative 1
(per City’s 2019 SCA)
Design Alternative 2 Design Alternative 3
Orlando
Sewer
Lift
Station
• Lack of pump
redundancy
• Location of
facility (in
roadway) higher
safety risk for
Operators
• Risk of
damage/failure
of flexible
discharge hose
during pump
removal
• No efficient
connection for
temporary pump
station bypass
• Difficult to open
valve vault cover
plate; high risk of
vault cover plate
falling into vault
and damaging
pipe/valves
• Install second
pumping unit
(redundant pumping
unit) within wet well
(available space
permitting)
• Construct new, larger
valve vault to
accommodate
second pump
discharge piping
assembly
• Provide H-20 traffic
rated full-span
double-leaf, spring
assisted access
hatch for easier/safer
access and easier
access/removal of
valves
• Construct temporary
bypass connection
fitting (can be located
on forcemain
downstream of valve
vault, or can be
located within new
valve vault)
• Replace in place
existing wet well with
new, packaged
submersible lift station
with submersible
pumps on guiderails
for easy pump removal
• Construct new valve
vault to accommodate
second pump
discharge piping
assembly
• New wet well and new
valve vault will be
equipped with H-20
traffic rated doubleleaf, spring assisted
access hatches
• Construct temporary
bypass connection
fitting
• Provide new,
packaged submersible
lift station and new
valve vault closer to
curb to move station
further out of traveled
roadway (reduce
safety risk)
• New wet well and new
valve vault will be
equipped with H-20
traffic rated doubleleaf, spring assisted
access hatches
• Construct temporary
bypass connection
fitting
Avondale
Sewer
Lift
Station
• Difficult access
for Operators into
dry well
• Higher safety risk
for Operator
access into dry
well
• Difficulty of pump
removal for
repairs/
replacement
• No efficient
connection for
temporary pump
station bypass
• Construct temporary
bypass connection
fitting on forcemain
immediately
downstream of dry
well
• Demo existing access
hatch and access
hatch riser; widen dry
well access opening to
the east and replace
with full-span doubleleaf, spring assisted
access hatch for
easier access and
removal of pumps
• Replace ladder rungs
with permanent
access ladder
installed with laddersafety post & fall
prevention device
EXHIBIT A - 5 Page 440 of 458
Lift Station Improvement Program No. 21-8022 Page 15
Facility Primary
Deficiencies
Design Alternative 1
(per City’s 2019 SCA)
Design Alternative 2 Design Alternative 3
• Construct temporary
bypass connection
fitting
Monterey
Sewer
Lift
Station
• Lack of pump
redundancy
• Difficulty of pump
removal for
repairs/
replacement
• No efficient
connection for
temporary pump
station bypass
• Construct a new,
larger dry well vault
with (1) duty pump
and (1) standby
pump in place of
existing dry well
• Provide full-span
double-leaf, spring
assisted access
hatch for easier
access and removal
of pumps/valves
• Construct temporary
bypass connection
fitting (can be located
on forcemain
immediately
downstream of dry
well, or can be
located within new
dry well)
• Replace existing single
pump and piping with
(1) duty pump and (1)
standby pump inside
of existing dry well
• Demolish upper
section/chimney of
existing dry well and
replace with new top
slab with full-span
double-leaf, spring
assisted access hatch
for easier access/
removal of
pumps/valves
• Construct temporary
bypass connection
fitting on forcemain
immediately
downstream of dry
well
• Replace dry well with
new, packaged
submersible lift station
with submersible
pumps on guiderails.
• Packaged station will
be equipped with
double-leaf, spring
assisted access hatch
integrated with pump
guiderails for easier
access and removal of
pumps.
• Provide a shallow
valve vault for check
and isolation valves.

Valve vault can include
temporary bypass
connection fitting
Depending on the City’s preferred improvement options for each lift station during the preliminary design phase, additional effort may be required outside of the planned project scope of work to complete the design. As an example, relocation of the Orlando lift station may require survey work or potholing of existing adjacent utilities, which differs from the recommended improvement identified in the 2019 SCA. If additional work is anticipated upon selection of an alternative design improvement, Dudek will discuss any additional scope items with the City prior to proceeding with the detailed design phase. No out of scope work will be performed without written consent and approval by the City.

In addition to the mechanical and structural design alternatives described in Table 5, Dudek suggests additional electrical improvements alternatives not suggested in the 2019 SCA that can standardize electrical and communication equipment between all three of the City’s sewer lift stations. Our recommended electrical improvements also enhance emergency response, as well as operator safety. Table 6 summarizes Dudek’s additional electrical improvement considerations.

Table 6. Additional Electrical Improvements Considerations Recommended Electrical Improvement Benefit
Outfit each lift station control panel (or
provide new control panel) with an AquaVX
panel for remote monitoring, alarm, and
notification to O&M staff
• Familiarity between stations for Operations staff
• AquaVX panel is the current remote alarm and notification system used at Monterey LS
• AquaVX panel is a complete, compact unit that can be equipped with integrated modem, antenna, back up battery, and NEMA 4X enclosure
EXHIBIT A - 6 Page 441 of 458
Lift Station Improvement Program No. 21-8022 Page 16
Recommended Electrical Improvement Benefit
• Simple system that can alert Operations staff immediately (via cellular) when an alarm is activated, allowing for faster emergency response time
Design each lift station control panel to
include a manual transfer switch to a
standard receptacle for portable generator
• Generator receptacle on the control panel provides ability to power the lift station during a power outage
• The City (or Sanitation District Staff) can keep a standard model portable generator on hand that can be used at any of the three sewer lift stations in the event of a power outage.

Dudek’s electrical design approach will comply with the latest National Electric Code (NEC), National Fire Protection Agency (NFPA), and Occupational Safety and Health Administration (OSHA) standards and requirements.

Scope of Services
This project will include the following scope of services:

Task 1 – Project Administration, Management & Meetings
In addition to general project administration and client coordination tasks, Dudek plans to coordinate the following meetings:
• Project Kick-off Meeting
• Preliminary Design Workshop with City staff
• 50% Design Review Meeting
• 90% Design Review Meeting
• Meetings as Necessary to Facilitate Bid Support
Note that due to the current State and County regulations regarding the COVID-19 pandemic, meetings are assumed to be virtual (conducted over web video conferencing via Zoom, Microsoft Teams, etc.) Dudek will provide brief meeting minutes to encapsulate meeting discussion and action items. Dudek will provide quality assurance and quality control (QA/QC) of project deliverables prior to submittal. Project administration will also include preparation and maintenance of the project schedule.

Deliverables: Agenda and meeting minutes (PDF)
Task 2 – Data Collection
Data Collection/Review: Dudek’s team will perform the following:
• Review of the 2019 San Marino Wastewater Collection System Condition Assessment EXHIBIT A - 7 Page 442 of 458
Lift Station Improvement Program No. 21-8022 Page 17
• Request and review any available utility record drawings* or field notes for existing utilities in or around the project sites provided by the City.
• Request and review any available maintenance records and work order history for each lift station. • Perform a site visit of all three lift stations to verify deficiencies and issues identified in the City’s 2019 Sewer Condition Assessment Report. Site visits will also be used to obtain visual information that will be taken into consideration and discussed with City staff during the project design phase. • Dudek will contact all utility companies in the area and perform a utility investigation of the project sites by reviewing any available utility records received.
*It is assumed that as-built/record drawings for each lift station are available for review and reference for survey benchmark, basis of bearing, and elevation information. In the event as-built/record drawings are not available for review/reference, Dudek will request an addendum for site survey to be conducted by either the City’s surveyor or a surveying subconsultant.

Task 3 – Preliminary Design Alternatives Technical Memorandum Preliminary Design Technical Memorandum: Dudek will prepare a Preliminary Design Technical Memorandum that briefly describes and schematically displays the design approach, and a list of design alternatives/elements for all three lift stations prior to the detailed design phase. Due to the nature of these lift stations, the extent of improvements for each of these stations can include multiple variables/options that can scale up to a full station replacement. Design alternatives will be outlined in the technical memorandum. Dudek will submit the Preliminary Design Technical Memorandum to the City prior to the Preliminary Design Workshop.

Preliminary Design Workshop: A Preliminary Design Workshop with City staff and operators will be scheduled to coordinate City design preferences, review design elements, and review any design alternatives outlined in the Preliminary Design Technical Memorandum. Dudek will present the design alternatives/elements a outlined in the Preliminary Design Technical Memorandum and encourage discussion of alternatives prior to entering the detailed design phase. Dudek will use the City and Operators preferences to determine if the detailed design phase will require additional scope of work (selection of improvements, which differ from the 2019 SCA recommendations.

Deliverables: One (1) electronic PDF version of the Preliminary Design Technical Memorandum Task 4 – 50% Design Plans, Specifications and Estimate of Probable Construction Costs
Following submittal of the Preliminary Design Technical Memorandum and completion of the Preliminary Design Workshop, Dudek will prepare 50% detailed design drawings (plans) of the proposed lift station improvements.

Dudek will use our CAD standards and standard title block for use on the improvement design plans and utilize a standard 22”x34” drawing size. The design plans to be prepared by Dudek will be to scale and will include sufficient information as necessary to bid and construct proposed improvements.

Dudek’s design plans will utilize the Sanitation District of Los Angeles County and City engineering standards as appropriate, and reference Caltrans traffic control standards as necessary.

EXHIBIT A - 8 Page 443 of 458
Lift Station Improvement Program No. 21-8022 Page 18
Dudek will provide a Specifications Log which lists the anticipated technical specifications (Divisions 2 through 16) for the site, structural, mechanical, and electrical work. Following the 50% submittal, Dudek will prepare and provide the full specifications during the 90% Design Phase. The specifications will be provided in Construction Specifications Institute (CSI) format. Dudek will utilize the City’s “boiler plate” Contract Documents and General Provisions, and other related City specifications. Greenbook format specifications may be utilized as an alternative to CSI format.

Dudek will provide an estimate of probable construction costs for the site/civil, mechanical, structural, and electrical improvements at the 50% submittal.

Following the 50% design submittal, Dudek will facilitate the 50% design review meeting with City staff. Dudek will incorporate City review comments as agreed upon to develop 90% Design Plans, Specifications, and Estimates Deliverables: One (1) copy of each; 50% Design Plans, 50% Specifications Log (specifications list), and 50% Construction Cost Estimates, in electronic PDF format.

Task 5 – 90% Design Plans, Specifications, & Estimate of Probable Construction Costs
Prior to the 90% design submittal, Dudek will facilitate the 50% design review meeting with City staff. Any City comments will be reviewed, discussed, and incorporated into the 90% design. Only one set of comments is assumed to be supplied by the City. Dudek will prepare 90% detailed design drawings (plans) suitable for bidding and construction of the proposed lift station improvements.

Dudek will provide 90% technical specifications (Divisions 2 through 16) for the site/civil, structural, mechanical, and electrical work. The specifications will be provided in Construction Specifications Institute (CSI) format. Dudek will utilize the City’s “front-end” Contract Documents, Division 1 specifications (if available), and other related City specifications.

Dudek will provide an estimate of probable construction costs for the site/civil, mechanical, structural, and electrical improvements at the 90% submittal.

Deliverables: Five (5) half size (11”x17”) sets of Design Plans, Specifications, and Construction Cost Estimates, plus one (1) electronic PDF version.

Task 6 – Preparation of Final Design and Bid Package
Following City review of the 90% Design Plans, Specifications, and Estimates, Dudek will incorporate City review comments as agreed upon to develop Final Design Plans, Specifications, and Probable Construction Cost Estimates. This set of Final Design plans and Specifications will be compiled with any necessary legal forms into a bid package which will be ready for advertisement by the City. Only one set of comments is assumed to be supplied by the City.

Deliverables: Five (5) full size sets of stamped and signed Design Plans, Specifications, and Construction Cost Estimates, plus one (1) electronic PDF version.

EXHIBIT A - 9 Page 444 of 458
Lift Station Improvement Program No. 21-8022 Page 19
Task 7 – Bid Support
Dudek will provided project design clarification and information as necessary to facilitate bidding of the project by the City. A bid analysis and recommendation of contract award will be provided to the City by Dudek.

Deliverables: Addenda as Necessary
Project Management Tools
Beginning the project with a clear understanding and vision of the desired result is critical to managing project quality, scope and schedule for success. The following are several project management advantages the Dudek team provides to achieve the project goals and objectives.

Define Critical Success Factors and Project Management
Dudek excels at managing multiple-task projects through effective communication, planning, responsiveness, and flexibility. Above all, Dudek strives to define, and refine, the project or task-order critical success factors at inception of the work. The critical success factors are unique to every project and every client, and represent Dudek’s barometer of how we are performing towards meeting the expectations of the Client. Meeting your critical success factors requires effective project management. The Project Management sections below provide further detail in the specific project management tools, planning, communication, procedures, and processes Dudek uses for managing the workflow, quality control and completion of projects.

Communication
Beginning at the Kickoff Meeting, Dudek will clearly outline the project work plan, schedule, budget, and communication process with the project team so that all parties have a uniform understanding of roles, responsibilities, requirements, stakeholders, deliverables, objectives, and goals. During the project, Dudek will communicate regularly with the client, providing monthly written progress reports, email documentation of verbal direction, and either weekly or bi-weekly conference calls with the client project manager.

Monitoring/Controlling
Project schedule, budget and progress are monitored by earned-value schedules and budget tracking. The tracking system uses the project Work Breakdown Structure (WBS), combined with the project schedule to map the estimated project accumulation of cost from beginning to end, referred to as the Base Line. As the project advances, the project manager communicates with the team on a regular basis to evaluate each task for completion and compares total earned value to project billings to establish a highly accurate budget status at any point in the project. Proactively managing the project schedule and budget from the onset of the project provides the project manager with the early warning indicators necessary to manage the work effort and protect the project budget.

Multi-Project Management
Dudek project managers follow similar project tracking, scheduling, and budgeting systems and utilize a standard file management system. This allows our project managers to successfully manage multiple projects efficiently and support other project managers if the need arises. Demonstrated success of our ability to manage multiple EXHIBIT A - 10 Page 445 of 458
Lift Station Improvement Program No. 21-8022 Page 20
projects is reflected in our management tracking system, where our managers maintain a schedule performance index (SPI) and cost performance index (CPI) of 1.0 for nearly every project.

Coordination with Subconsultant
Effective subconsultant coordination is critically important to the success of multi-disciplinary engineering projects. Our subconsultants depend on us for information to provide their services efficiently and accurately.

Often times, they are not given direction or necessary data until the last minute of an upcoming deliverable. This negatively affects project schedule and quality. The philosophy of Dudek’s engineering and design group is to coordinate with our subconsultants early and often.

Quality Assurance/Quality Control
Quality assurance is a project management responsibility conducted in accordance with the Quality Control Plan.

The project manager monitors quality assurance continuously, making sure proper quality control reviews are conducted and documented at appropriate stages of the project development. Team members consistently check in with peers or senior engineers for every key decision, creating a continuous quality control check that reduces the potential for rework. Your assigned Quality Manager will ensure all project deliverables are reviewed prior to submittal to the City.

Lack of quality is a leading cause of budget overruns,
construction claims and client dissatisfaction. Dudek is committed to training project managers in proven project management and control methods. To that end, we maintain an in-house Project Managers Committee to establish guidelines for project management and review each project manager's performance. Application of proven project management and quality review principles assures that client satisfaction is improved, project quality is improved, and cost savings realized. Our Quality Management Program focuses on continually improving quality by identifying and correcting problems, so that they do not reoccur.

Subconsultant QA/QC
Dudek has a comprehensive array of in-house services; however, in some cases, it is necessary to subcontract for expertise we do not provide, or where it is more economically feasible, efficient, or better meets the goals of our client. We view subconsultants as an extension of our staff, and as such, we review their work under our QA/QC program for interdisciplinary coordination and require that they conduct independent technical reviews of all deliverables.
“Quality is never an accident. It is always
the result of intelligent effort.”
-John Ruskin
Figure 6. Project Organization
Chart“Quality is never an accident. It is
always the result of intelligent effort.”
-John Ruskin
EXHIBIT A - 11 Page 446 of 458

Lift Station Improvement Program No. 21-8022 Page 21
Project Schedule
Figure 4 provides an illustration of the proposed project schedule for the City’s Lift Station Improvement Program No. 21-8022. Based on our projections, your project will be awarded by September 3, 2021.

Figure 4. Project Schedule
EXHIBIT A - 12 Page 447 of 458
14 of 14
Exhibit B
Fee Schedule
Fee schedule found on the following page

EXHIBIT B - 1 Page 449 of 458

THIS PAGE LEFT BLANK INTENTIONALLY

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

BACKGROUND
At the March 9, 2022 City Council meeting, Council directed staff to return with an ordinance to update the Recreation Commission and recommended the Commission have a similar composition to the City’s other advisory bodies.

DISCUSSION
At the May 11, 2022 City Council meeting, Council introduced for first reading Ordinance No.

O-22-1392 amending the City Code to make updates to the Recreation Commission. The ordinance was approved unanimously with no recommended revisions.

One of the changes the ordinance would make if adopted would be to set the Recreation Commission meeting dates, time, and location by City Council resolution. Due to this, Resolution No. R-22-20 is included with this staff report for approval. Approval of this resolution is needed with adoption of the ordinance so the Recreation Commission has a Council approved meeting date, start time, and location. The resolution would go into effect at the same time as the ordinance.

FISCAL IMPACT & PROCUREMENT REVIEW
There is no fiscal impact and procurement review is not applicable.

TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Christina Baker, City Clerk
DATE: June 8, 2022
SUBJECT: ADOPTION OF ORDINANCE NO. O-22-1392 (SECOND READING)

AMENDING THE CITY CODE TO MAKE UPDATES TO THE

RECREATION COMMISSION AND APPROVAL OF RESOLUTION
NO. R-22-20 CHANGING THE REGULAR MEETING TIME OF THE

RECREATION COMMISSION
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

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

RECOMMENDATION
Staff recommends the Council adopt Ordinance No. O-22-1392 and approve Resolution No. R22-20. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to waive full reading and adopt by title only, Ordinance No. O-22-1392 an Ordinance of the City Council of the City of San Marino Amending the City Code Making Updates to the Recreation Commission and approve Resolution No. R-22-20.”

ATTACHMENTS

1. Draft Ordinance No. O-22-1392

2. Draft Resolution No. R-22-20

ORDINANCE NO. O-22-1392

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

MARINO AMENDING THE CITY CODE TO MAKE UPDATES TO THE

RECREATION COMMISSION

THE CITY COUNCIL OF THE CITY OF SAN MARINO HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Article 13, Chapter II of the San Marino City Code is hereby amended as follows as it pertains to the Recreation Commission:

02.13.01: CREATION AND COMPOSITION:

There is hereby created a Recreation Commission, which shall consist of five (5) members. Each member shall be an elector of the City.

02.13.02: APPOINTMENT AND TERM:

Members of the Recreation Commission shall be appointed by the Mayor with the approval of the Council.

Members of the commission shall serve terms of four (4) years, with terms commencing June 1 of the year of appointment; except, that of the Commissioners first appointed, two (2) shall serve terms of two (2) years and three members shall serve terms of four (4) years. Thereafter, all Commissioners shall serve a term of four (4) years and until a successor has been appointed.

No Commissioner may serve more than two (2) consecutive terms; however, after waiting a period of at least two (2) years following the end of the second term, a Commissioner may be reappointed for not more than two (2) additional consecutive terms.

The City Council may remove any member of the commission at any time. Vacancies shall be filled by appointment for the unexpired portion of the remaining time in the same manner as the original appointment.

02.13.03: VACANCIES:

Vacancies to the Recreation Commission shall be filled by appointment of the Mayor with the approval of the Council, after complying with any waiting period required by law. Appointment to fill a vacancy shall be for the remainder of the unexpired term.

ORDINANCE NO. O-22-1392
PAGE 2 of 4

02.13.04: PURPOSE OF THE RECREATION COMMISSION:

The purpose of the Commission shall be:

A. To communicate the needs and desires for recreation services that will meet the needs of the community.

B. To assist in the coordination of community service efforts to better utilize community resources.

C. To provide recommendations to maintain a sound Recreation Division that provides high quality services to the community.

D. To provide recommendations for program improvements and development for community special events, enrichment activities (early childhood, youth, teen, adult, and senior citizens), sports programs, day camps, aquatic programs, specialized classes, and other activities related to the Recreation Division.

E. To review and provide recommendations on the Recreation Division annual budget, including expenditures and revenues.

F. To provide assistance in planning for long term facility and program needs of the Recreation Division.

02.13.05: DUTIES OF COMMISSIONERS:

The Recreation Commission shall advise and inform the City Council on matters pertaining to public recreation programs, advise the City Manager, and Community Services Director on recreation budgetary matters and perform such other duties and responsibilities as the City Council may assign.

02.13.06: CHAIRPERSON AND VICE CHAIRPERSON:

The Recreation Commission shall select a Chair and Vice Chair from among its members as established by City Council resolution. The Chair shall preside at all meetings of the Commission, and the Vice Chair shall preside at all such meetings in the absence of the Chair. The Chair and Vice Chair may make, second and vote on all motions. The Commission shall provide its recommendations to the City Council in writing.

02.13.07: SECRETARY:

The City Manager shall assign the Community Services Director or other staff support to the Recreation Commission as may be required for the Commission to fulfill its obligations. The Community Services Director or his/her designee shall act as Secretary to the Commission.

02.13.08: MEETINGS:

The Recreation Commission shall meet each and every calendar month at such date, time, and location as the City Council shall establish by resolution.

ORDINANCE NO. O-22-1392
PAGE 3 of 4

02.13.09: COMPENSATION AND EXPENSES:

Members of the Recreation Commission shall serve without compensation.

Members of the Recreation Commission shall be entitled to payment for expenses necessary to perform their duties, including attending meetings, to the extent authorized by the City Council.

SECTION 5. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published by title and summary.

SECTION 6. This ordinance shall take effect 30 days following publication by title and summary.

PASSED, APPROVED, AND ADOPTED this 8th day of June, 2022. _____________________________

SUSAN JAKUBOWSKI
MAYOR
ATTEST:
___________________________

CHRISTINA BAKER

CITY CLERK
APPROVED AS TO FORM:
____________________________________

JOSEPH MONTES

CITY ATTORNEY

ORDINANCE NO. O-22-1392
PAGE 4 of 4

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SAN MARINO )
I HERBY CERTIFY that the foregoing Ordinance No. O-22-1392, was introduced at a Regular Meeting of the City Council held on the 11th day of May, 2022, and was approved and adopted at a Regular Meeting of the City Council held on the 8th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTINA BAKER

CITY CLERK

RESOLUTION NO. R-22-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA, CHANGING THE

REGULAR MEETING TIME OF THE RECREATION

COMMISSION
WHEREAS, the Recreation Commission went on hiatus for several years and all regular meetings have been canceled; and
WHEREAS, the Recreation Commission previously held its regular meetings in the Fireside Room at the San Marino Center on the fourth Monday of the month at 7:00 PM; and WHEREAS, the City’s other advisory bodies that meet in the evening all meet at 6:00 PM; and
WHEREAS, the same City staff prepares and acts as Secretary for the Library Board of Trustees and the Recreation Commission, and the Library Board of Trustees’ regular meetings are held on the fourth Monday of the month.

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

SECTION 1. The regular meeting day and time of the Recreation Commission is the second Monday of the month at 6:00 PM in the Barth Room at Crowell Public Library.

PASSED, APPROVED, AND ADOPTED, at a Regular Meeting of the City Council of the City of San Marino, California, on this 8th day of June, 2022. ______________________________________

SUSAN JAKUBOWSKI, MAYOR

CITY OF SAN MARINO
ATTEST:
__________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO

CITY OF SAN MARINO RESOLUTION NO. R-22-20
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-22-20 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 8th day of June, 2022, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO