damages are caused by or result from the negligent or intentional acts or omissions of Library its officers, agents, or employees.
Califa shall indemnify Library, its trustees, officers, agents and employees harmless from and against any and all liability, loss, expenses (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Cali fa, its officers, agents, or employees.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives.
t or Library
~g~iJ~
Irene McDermott Paula MacKinnon
Name Name
City Librarian Executive Director
Title Title
4/21/20 3/20/20
Date Date
4 of 7
THIS PAGE LEFT BLANK INTENTIONALLY
AGREEMENT BETWEEN CITY OF SAN MARINO AND COLUMBIA
TELECOMMUNICATIONS CORPORATION
FOR THE PROVISION, INSTALLATION AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as “Agreement”, is entered into as of July 13, 2022 by and between Columbia Telecommunications Corporation d/b/a CTC Technology and Energy, hereinafter referred to as “CTC” and City of San Marino on behalf of the Crowell Public Library, hereinafter referred to as “Library”. CTC and Library are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties”. All written communications between the parties shall be addressed as follows unless and until amended in writing by the respective party.
City of San Marino
Marcella Marlowe, Ph.D.
City Manager
2200 Huntington Drive
San Marino, CA 91108
[email protected]
CTC Technology and Energy
Heather D. Mills
Vice President, Grant & Funding Strategies
10613 Concord Street
Kensington, MD 20895
[email protected]
WITNESS THAT
WHEREAS, CTC, is the Statewide Broadband Access Administrator for the California State Library Broadband Services Project (“Project”); and
WHEREAS, CTC, on behalf of the California State Library, has contracted with the Corporation for Education Network Initiatives in California (“CENIC”) and its subsidiaries to provide high speed networking to libraries in California; and
WHEREAS, Library desires to enter into an agreement with CTC to obtain one or more data circuits to connect Library to the CENIC high speed broadband fiber network, CalREN, and, if specified in Appendix #1, attached, to connect Library to other library sites as identified in said Appendix for the purpose of connecting to CalREN.
NOW THEREFORE, Library and CTC enter into this Agreement:
1. Purpose
It is the purpose of this Agreement to set forth the terms and conditions applicable to the provision of communications and related network services to Library under the Project.
2. Services to be Provided
Parties understand that the primary communications infrastructure provided by CENIC is the California Research and Education Network ("CalREN"). Services that CENIC will provide to Libraries will include use of CalREN and contracting for and provision of data circuits supplied by network service providers.
CTC, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits and their costs are included in the Appendix #1 attached which may be amended from time to time by mutually signed Addenda (“Services”). CTC assures Library that CENIC or CTC will notify Library of installation requirements and necessary maintenance instructions. Neither CENIC nor CTC shall be responsible for operating or maintaining software, equipment or cabling that connects equipment or network services not provided by CENIC for the Services unless specifically agreed to in writing by CENIC.
Parties agree to provide notice to the other Party within 10 calendar days of a failure by CENIC or the network service provider to deliver Services, or otherwise comply with the terms as described in this Agreement, including Appendix #1 and subsequent Addenda. If noticed non-performance is not cured in a timely manner, Parties agree to meet within 10 days of said notice and discuss appropriate remedies including but not limited to cancellation of related services or service credits as specified in the underlying agreements between CENIC and its network service provider and CTC and CENIC.
Library is responsible for calculating and paying any early termination penalties that might apply due to cancellation of existing connections so that it may receive Services under this Agreement.
Library is responsible for completing, signing, and submitting any required Letter of Agency, or related documentation, to confirm its participation in and eligibility for the E-rate Consortia and to authorize CENIC, as the E-rate Consortia lead, to act on its behalf as described under the Letter of Agency for the purpose of securing E-rate discounts.
Library is further responsible for completing, signing, and submitting any responsible Letter of Authorization, or related documentation, to the California Public Utilities Commission to authorize CTC and CENIC to act on its behalf to submit an application and supporting documentation for the purpose of receiving discounts on eligible network services as part of the California Teleconnect Fund program.
If Library is currently receiving E-rate funding for its existing services, Library remains responsible for continuing to apply for that E-rate funding until all CENIC Services are turned up and existing E-rate supported services are canceled.
3. Term and Termination of this Agreement
(a) TERM OF THIS AGREEMENT. This Agreement shall be in effect from July 13, 2022 until the termination of all Services including the circuits ordered under this Agreement (as defined in Appendix #1: CENIC Circuit Quote and any subsequent Addenda under this Agreement), or unless otherwise terminated by a Party pursuant to the terms of this Agreement. Specific terms for the circuits provided pursuant to this Agreement shall depend on the specific date such circuit is “handed off” to Library pursuant to Appendix #1 or subsequent Addenda or as noticed in writing by CENIC to Library. (b) TERMINATION. Termination of this Agreement prior to the end date of any given circuit, as described in Appendix #1 or subsequent Addenda, shall result in Library paying any applicable circuit telecommunications carrier termination charges or similar early termination charges that CTC incurs under its agreement with CENIC resulting from early termination of the Service.
(c) Notwithstanding the above, upon a sixty (60) day written notice prior to the second and each following June 30 after a circuit is installed, Library may cancel a circuit without penalty if it verifies to CTC and CENIC that funding to pay for that circuit is not available and Library agrees that for at least 12 months after said notice it will not order or otherwise obtain a replacement circuit or substantially similar services in place of the cancelled circuit. (d) Library may terminate this Agreement with no penalty if non-recurring, one-time costs for all circuits included in Appendix #1 and any subsequent Addenda are materially increased by the telecommunications carrier from the amount shown in Appendix #1. (e) CTC may terminate this Agreement or assign its rights and responsibilities under this Agreement to a third party upon no less than sixty (60) day written notice to Library, in the event of termination or expiration of its duties and obligations under the Project and with written approval of the California State Library.
4. Payment
CTC bills quarterly in arrears. Payment for services shall be due within thirty (30) days of receipt of a CTC invoice reflecting provision of the services for which the invoice is sent; or as otherwise agreed to by Library and CTC. Except for non-recurring costs, if any, costs in Appendix #1 and any subsequent Addenda shall only begin upon installation of circuit(s). Library will put forth reasonable efforts to make payments within thirty (30) days after receipt of invoice. Library understands and agrees that CTC will only make payment to CENIC for services upon receipt of related payments from Library. If Library fails to make payments within thirty (30) days after receipt of invoice, it agrees to pay any reasonable late payment fees incurred by CTC under its agreement with CENIC.
Unless otherwise agreed to between the Parties, all circuit deployment fees, if any as set forth in Appendix #1 and subsequent Addenda are non-cancelable and nonrefundable. Upon termination of this Agreement, or any Services provided under this Agreement, any outstanding circuit deployment fees, outstanding recurring charges, non-recurring fees, applicable circuit termination charges, and applicable early termination penalties, shall become due and payable immediately upon termination.
5. Miscellaneous
(a) CONDITIONS OF USE. Library agrees to conform to the CENIC Appropriate Use Policy located at https://cenic.org/network/policies/acceptable-use-policy (revised September 13, 2004) and to any specific conditions of use imposed by network service providers or subcontractors providing communications services to CENIC as may be in force at the time such services are made available, including pursuant to an Addendum to this Agreement. If CENIC, subcontractors, or network service provider conditions of use are modified, Library will be notified and if Library believes it can no longer conform to their requirements, Library shall have one hundred eighty (180) days from the notice of the modification to terminate the affected Service(s) without penalty. Library must provide a 30-day written notice of its termination under this provision to CTC and CENIC. If Library does not elect to terminate the Service(s), Library must conform to the revised conditions of use. If Library fails to conform to the revised conditions of use, the Services may be subject to termination upon sixty (60) day notice to Library from CTC or CENIC.
(b) CONFLICTING CLAUSES. If any clause in this Master Agreement is in conflict with a clause in an Addendum to this Agreement, the language in the Addendum shall take precedence only for the service defined in that Addendum. (c) FORCE MAJEURE. Neither Party shall be responsible for performance of its obligations hereunder where prevented, delayed, or hindered by war, riots, embargoes, strikes involving third parties, acts of third party communications service providers, including any local access provider, or of their vendors, or suppliers unrelated to the services offered under this Agreement, acts of unrelated third parties, accidents, cable cuts by third parties not related to services provided under this Agreement, natural disasters, act(s) of God or any other event beyond the reasonable control of the Parties.
(d) GOVERNING LAW. The laws of the State of California shall govern this Agreement. (e) NON-LIBRARY USES: Library understands that this agreement covers only library use of CalREN and of circuits provided hereunder and Library agrees that no other uses will be made of the services provided herein.
6. Entire Agreement
This Agreement and any Addenda contemporaneously or subsequently executed by the parties constitute the entire Agreement between the parties regarding the subject matter of this Agreement and supersede all prior written or oral agreements with respect to such. This Agreement may not be modified orally, and no modification or amendment shall be binding unless in writing and signed by authorized representatives of both parties.
7. General Provisions
7.1 Nondiscrimination: During the performance of this Agreement, (a) CTC and its subcontractors shall not deny the Agreement’s benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex.
(b) CTC shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
7.2 Severability: It is expressly agreed and understood by the Parties hereto that if any provision of this Agreement is held to be or invalid under any applicable statute or rule of law, it is deemed to that extent to be omitted. However, the balance of the Agreement shall remain in full force and effect.
7.3 Rights and Remedies: The rights and remedies of the Parties provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law.
7.4 Prior Agreements: Library agrees that any prior agreements entered into between any entity that previously served as the Broadband Administrator and the Library for the purpose of participating in the CENIC E-Rate Consortium or receiving services pursuant to that program has been terminated.
8. Indemnification. Library agrees to indemnify, defend and save harmless CTC, its, officers, agents and employees from any and all claims, losses, and liabilities accruing or resulting to CTC and any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Library in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Library, its officers, agents, or employees. CTC agrees to indemnify , defend, and save harmless Library, its trustees, officers, agents and employees from any and all liabilities accruing or resulting to Library and any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by CTC in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of CTC, its officers, agents, or employees.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives.
For Library For Columbia Telecommunications Corporation
Signature Signature
Marcella Marlowe, Ph.D. Joanne S. Hovis
Name Name
City Manager President
Title Title
Date Date
Appendix #1
Provision, Installation and Maintenance
Of Advanced Network (Data) Services:
Reimbursement of Circuit Costs
This Appendix lists the circuits contracted for by CENIC on behalf of CTC and the Library for connecting CENIC’s fiber optic backbone to Library and for library connections that are not direct connections to CENIC’s fiber optic backbone, e.g. direct connections between libraries (defined as “Services” in the Agreement). Library understands that CENIC will bill CTC, and CTC will bill Library, for the costs of circuits charged by network service providers, including any taxes and surcharges, and any one-time installation fees. Prior to approval of CENIC’s Erate Consortium Library Application, not all applicable E-rate and CTF discounts will be reflected on invoices. After the E-rate Application for any given year is approved, the network service provider will coordinate with CENIC to provide appropriate credits and such credits will be passed from CENIC to CTC and from CTC to the Library. Such credits are typically issued sometime during the fiscal year after the year in which the circuits are installed and Services are first provided. In subsequent years, credits continue to be issued in the fiscal year after the year for which Services have been provided. Library further understands that the exact discounted cost of circuits will not be known until after the E-rate Consortium Library Application is approved. The actual start date of the Service, and therefore of circuit costs, will be dependent on coordination among CENIC, the Library and the network service provider. Any one-time (Non-recurring or NRC) costs included below are typically invoiced by carriers prior to circuit installation and will be invoiced to Library upon receipt of invoice to CENIC from the network service provider.
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Fiscally Responsible and Transparent City Government
• Inviting and Relevant City Facilities
BACKGROUND
On June 8, the San Marino Public Library Foundation submitted an Event Permit Application (Attachment 1) for a fundraiser event occurring on Saturday, October 15, 2022 at the Crowell Public Library. In conjunction with the application, the Foundation is requesting the closure of the Library on October 15.
In the past, the Foundation has successfully presented Delicious Destinations as a fundraising event to supplement the needs of the Library. As the Foundation evolves and emerges from the pandemic, they have decided to offer a new event called Literary Libations to gain community support.
DISCUSSION
The new event, Literary Libations, will offer tastings and libation information from wineries, local breweries, and a spirits sampling. All of this will be complemented by an array of food tastings by local caterer, Alexander’s Catering.
The first floor of the Library will be transformed with colorful, literary images ranging from books to quotes to literary characters. The fundraising elements of the event include ticket sales, sponsorships, opportunity drawings, a paddle raise, and two separate silent auctions.
TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Cathi Johnson, Community Services Director
Kristin Shigenaga, Management Analyst
DATE: July 13, 2022
SUBJECT: APPROVAL OF REQUEST TO CLOSE THE LIBRARY ON
OCTOBER 15, 2022 FOR SAN MARINO PUBLIC LIBRARY
FOUNDATION’S FUNDRAISER EVENT, LITERARY LIBATIONS
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
Given the event’s size and scope, the Foundation anticipates the decoration preparation to begin Friday, October 14 after the Library closes and the full following day up to the event. Clean up and full restoration of the Library is expected by Sunday, October 16 at 1 PM when the Library is scheduled to reopen.
The purpose of the event is to provide funding for a new Integrated Library System (ILS), which is the library management system. The ILS can help manage acquisitions (ordering, receiving, and invoicing materials); cataloging (classifying and indexing materials); circulation (lending materials to patrons and receiving them back); serials (tracking magazine, journals, and newspaper holdings) as well as online public access catalog or OPAC (public user interface).
Residents and members of the public will be invited to purchase tickets through the San Marino Public Library Foundation’s website, sanmarinoplf.org, and the event page, paybee.io/in-personevent/smpublibfnd/2. Approximately 250 people are expected to attend, bid on silent auction items, and buy over 100 books.
On June 27, 2022, the Library Board of Trustees voted to approve the closure of the Library and request City Council’s approval.
FISCAL IMPACT & PROCUREMENT REVIEW
It is expected that there will be minimal fiscal impact to the City’s General Fund due to closing the Library on October 15, 2022. Revenue on Saturdays for the last two months averages $440.
In addition, part-time staff normally scheduled on Saturdays will be scheduled to support the event set-up. Staff will also provide support for planning and marketing the event. All direct event expenses will be paid for through the Foundation’s operating budget.
LEGAL REVIEW
The City Attorney’s office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the Council approve the closure of the Library on October 15, 2022 for the purpose of holding the Literary Libations event. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the closure of the Crowell Public Library on October 15, 2022 for the purpose of holding the Literary Libations event.”
ATTACHMENTS
1. Events Permit Application and Agreement
REV 05/2021 PAGE 1 OF 11 EVENT APPLICATION
OFFICE USE ONLY
Completed Application Received: Permit No:
Permit Type: ☐ Public Event ☐ Special Private Event ☐ Spontaneous Event ☐ Expressive Activity ☐ Block Party
I. APPLICATION TERMS AND CONDITIONS
This application must be submitted in accordance to the deadlines outlined in this section, depending on the type of events permit being sought. The applicant (“Applicant(s)”) understands that submittal of this application does not constitute approval of the proposed event or activity. However, the Applicant understands that they are responsible for complying with the terms and conditions outlined in this application. All Applicants are required to read and complete the appropriate sections of this application in their entirety. The Applicant further understands that submittal of this application constitutes a contractual agreement to abide by all policies, rules, and regulations outlined in this application and the San Marino Municipal Code. This application must be submitted to the Recreation Coordinator in the Community Services Department.
Type of Event Must be submitted at least
Special Private Event 60 days before event date
General Public Event 60 days before event date
Block Party 10 business days before event date
Expressive Activity 10 business days before event date
Spontaneous Event 24 hours before event start time
II. APPLICATION REQUIREMENTS
NOTE: The City of San Marino may request from the Applicant additional information not listed below, which is deemed necessary to determine whether the application should be granted, conditionally granted, or denied. A checklist for each of the following event types can be found on page 2 of this application packet.
SPECIAL PRIVATE EVENTS are events not open to the public with 100 or more attendees; occurring in an R-1 Residential Zone; serving a political or charitable nonprofit organization; requiring a fee for entry, collecting donations, and/or fundraising is taking place.
PUBLIC EVENTS are an assemblage of persons, animals, vehicles, or any combination thereof, that assemble on public property, including streets, sidewalks, Lacy Park, City Hall, Stoneman School, San Marino Center, Crowell Public Library, or other areas deemed as property of the City of San Marino. Public Events are categorized into the following:
• General Public Events: organized events open to the public that is on or passes through public property or public right-ofways and is comprised of 15+ persons • Block Parties: one or more blocks in an R-1 Residential Zone neighborhood are closed for the purpose of a public gathering for the persons residing in that neighborhood
• Expressive Activities: conduct of which the sole or principal object in the communication of opinions, views, or ideas that are protected by the 1st Amendment of the United States Constitution and typically taking place on sidewalks and/or the Huntington Drive medians
• Spontaneous Events: any public event involving expressive activity that is in response to a public occurrence that took place within the last five (5) days
CITY OF SAN MARINO
EVENTS PERMIT APPLICATION
AND AGREEMENT
REV 05/2021 PAGE 2 OF 11 EVENT APPLICATION
SPECIAL EVENTS ON PRIVATE PROPERTY GENERAL PUBLIC EVENTS ☐ Private Event Application (pg. Cover Sheet & 3 – 4)
☐ Application Fee(s)
☐ Application Fee
☐ Other Fees (if applicable)
☐ Plans / Maps
☐ Plot Plan
☐ Parking Plan (on-site & off-site)
☐ Safety and Security Plan
☐ Event Marketing Plan
☐ Traffic Plan (if applicable)
☐ Valet Parking (requires Police Dept. permit)
☐ Shuttles (requires Traffic Control Plan)
☐ Other (requires Traffic Control Plan)
☐ Digital / Reduced Size Copies of Plans/Maps
☐ Printed Copies/Displayed via Personal Device
☐ Reduced to 8.5 x 11 or 11 x 17 paper
☐ Authorization Letter from Event Sponsor (if applicable) ☐ Proof of Liability Insurance
☐ Public Event Application (pg. Cover Sheet & 5 – 7)
☐ Application Fee(s)
☐ Application Fee
☐ Other Fees (if applicable)
☐ Plans / Maps
☐ Plot Plan
☐ Parking Plan (on-site & off-site)
☐ Route Map (if applicable)
☐ Safety and Security Plan
☐ Event Marketing Plan
☐ Traffic Control and Detour Plan (if applicable)
☐ Valet Parking (requires Police Dept. permit)
☐ Shuttles (requires Traffic Control Plan)
☐ Other (requires Traffic Control Plan)
☐ Digital / Reduced Size Copies of Plans/Maps
☐ Printed Copies/Displayed via Personal Device
☐ Reduced to 8.5 x 11 or 11 x 17 paper
☐ Authorization Letter from Event Sponsor (if applicable) ☐ Proof of Liability Insurance
EXPRESSIVE ACTIVITIES / BLOCK PARTIES SPONTANEOUS EVENTS ☐ Public Event Application (pg. Cover Sheet & 5 – 7)
☐ Application Fee(s) (if applicable)
☐ Plans / Maps
☐ Plot Plan
☐ Parking Plan (on-site & off-site)
☐ Route Map (if applicable)
☐ Safety and Security Plan
☐ Event Marketing Plan
☐ Traffic Control and Detour Plan (if applicable)
☐ Valet Parking (requires Police Dept. permit)
☐ Shuttles (requires Traffic Control Plan)
☐ Other (requires Traffic Control Plan)
☐ Digital / Reduced Size Copies of Plans/Maps
☐ Printed Copies/Displayed via Personal Device
☐ Reduced to 8.5 x 11 or 11 x 17 paper
☐ Authorization Letter from Event Sponsor (if applicable) ☐ Block Party Petition (if applicable)
☐ Proof of Liability Insurance (if applicable)
☐ Public Event Application (pg. Cover Sheet & 5 – 7)
☐ Application Fee(s) (if applicable)
☐ Plans / Maps
☐ Plot Plan
☐ Parking Plan (on-site & off-site)
☐ Route Map (if applicable)
☐ Safety and Security Plan
☐ Event Marketing Plan
☐ Traffic Control and Detour Plan (if applicable)
☐ Valet Parking (requires Police Dept. permit)
☐ Shuttles (requires Traffic Control Plan)
☐ Other (requires Traffic Control Plan)
☐ Digital / Reduced Size Copies of Plans/Maps
☐ Printed Copies/Displayed via Personal Device
☐ Reduced to 8.5 x 11 or 11 x 17 paper
☐ Authorization Letter from Event Sponsor (if applicable) ☐ Proof of Liability Insurance (if applicable)
REV 05/2021 PAGE 3 OF 11 EVENT APPLICATION
III. APPLICATION FOR SPECIAL EVENTS ON PRIVATE PROPERTY TERMS OF THIS APPLICATION SECTION ABIDE BY SAN MARINO MUNICIPAL CODE (SMMC) CHAPTER 23
APPLICANT INFORMATION
Applicant:
Primary Contact: Telephone:
E-mail:
Address:
EVENT INFORMATION
Address of Event:
Property Owner(s):
Property Owner(s) Telephone(s):
Point of Contact (Day of Event): Telephone:
Name of someone who will be present at the event
Letter of Authorization
Attach a written statement from the property owner(s) or lawful occupant of the property, if different from the applicant, authorizing the Applicant to conduct the special event on the property.
Description of Event
Provide a detailed description in the space below or attached to this application as to the purpose of the special event.
Date of Event: Time event begins (including set-up):
Estimated Total Attendance: Time event ends (including clean-up):
Adults:
Children (<12 years):
Admission Fees or Revenue
Will admission fees be charged? ☐ YES ☐ NO
Will donations be collected? ☐ YES ☐ NO
Will fundraising efforts take place? ☐ YES ☐ NO
Additional Information
Is the event open to the public? ☐ YES ☐ NO
Will valet parking be provided? ☐ YES (Permit required) ☐ NO
REV 05/2021 PAGE 4 OF 11 EVENT APPLICATION
Will there be music? ☐ YES: ☐ Live ☐ DJ ☐ NO
Will food be served? ☐ YES ☐ NO
Will food be sold? ☐ YES ☐ NO
Will alcohol be served? ☐ YES (ABC Permit required) ☐ NO Will alcohol be sold? ☐ YES (ABC Permit required) ☐ NO
Is there an audio/visual show? ☐ YES ☐ NO
APPLICANT CERTIFICATION
I declare, under penalty of perjury, that the foregoing information and any related documents are true and correct. I also certify that I read through the terms and conditions listed throughout Section V of this application. I understand that submittal of this application does not constitute approval of my event application. I certify that the Applicant shall be financially responsible for any City fees, departmental services charges, or costs that may lawfully be imposed for the event. I understand that my application will be reviewed and I will be notified of the status of my application through the contact information provided above.
Signature Date
OFFICE USE ONLY
FEES DUE FEE DATE PAID
Application Fee $
Other Fee: $
Other Fee: $
Other Fee: $
TOTAL FEES DUE $
DEPARTMENTAL REVIEW
Attach any conditions for approval or reasons or denial and return to the Community Development Department within seven (7) days from the date you received the application.
Date to Fire: ☐ Approved ☐ Approved Conditionally ☐ Denied Date to Police: ☐ Approved ☐ Approved Conditionally ☐ Denied Date to Public Works: ☐ Approved ☐ Approved Conditionally ☐ Denied Date to Other: ☐ Approved ☐ Approved Conditionally ☐ Denied Date to Other: ☐ Approved ☐ Approved Conditionally ☐ Denied Date to Community Development: ☐ Approved ☐ Approved Conditionally ☐ Denied
COMMUNITY DEVELOPMENT DIRECTOR SIGNATURE:
REV 05/2021 PAGE 5 OF 11 EVENT APPLICATION
IV. APPLICATION FOR EVENTS ON PUBLIC PROPERTY
TERMS OF THIS APPLICATION SECTION ABIDE BY SAN MARINO MUNICIPAL CODE (SMMC) §16.08
IF YOU ARE UTILIZING OR ACCESSING PUBLIC PROPERTY OR FACILITES THE CITY WILL DETERMINE IF A FACILITY RENTAL APPLICATION MAY BE SUBMITTED IN LIEU OF THE EVENT APPLICATION.
EXCEPTIONS
The following activities are exempt from the Public Event Permit requirement (SMMC §16.08.04A):
• Certain expressive activities as provided in SMMC §16.08.01A • Spontaneous events subject to the provisions of SMMC §16.08.01B • Minor events in rooms or facilities rented to the public in city facilities • Special events on private property subject to the requirements of SMMC §23.02.31 • Funeral processions by a licensed mortuary or funeral home • Activities conducted by a government agency acting within the scope of its authority • Filming activities governed by the provisions of the San Marino Municipal Code
APPLICANT INFORMATION
Applicant:
Primary Contact: Telephone:
E-mail:
Address:
Point of Contact (Day of Event): Telephone:
Name of someone who will be present at the event
EVENT INFORMATION
Type of Event
☐ Public Event ☐ Expressive Activity ☐ Block Party ☐ Spontaneous Event Location of Event
Provide the full address of the event in the line below. If the event will occur at various locations, provide the main address in the line below and attach a map showing the route and/or area of the event. See Section V of this application for more information.
Address of Event:
Will the event occur in or pass through an R-1 Residential Zone? ☐ YES ☐ NO Block Party Petition (if applicable)
Attach a written petition in favor of the event signed by at least sixty-six percent (66%) of the households on the block that will be affected by the permit.
Description of Event
Provide a detailed description in the space below or attached to this application as to the purpose of the event.
Date of Event: Time event begins (including set-up):
REV 05/2021 PAGE 6 OF 11 EVENT APPLICATION
Estimated Total Attendance: Time event ends (including clean-up):
Adults:
Children (<12 years):
Admission Fees or Revenue
Will admission fees be charged? ☐ YES ☐ NO
Will donations be collected? ☐ YES ☐ NO
Will fundraising efforts take place? ☐ YES ☐ NO
Additional Information
Are you requesting the City of San Marino to co-sponsor this event? ☐ YES ☐ NO Are you requesting street closures or detours for this event? ☐ YES ☐ NO Are you requesting parking restrictions on streets or public parking lots for this event? ☐ YES ☐ NO Is the event open to the public? ☐ YES ☐ NO
Will valet parking be provided? ☐ YES (Permit required) ☐ NO Will food be served? ☐ YES ☐ NO
Will food be sold? ☐ YES ☐ NO
Will alcohol be served? ☐ YES (ABC Permit required) ☐ NO Will alcohol be sold? ☐ YES (ABC Permit required) ☐ NO
Event Elements
Check all items that will be present at this event and outline the quantity and/or size of each item selected in the table below. Items marked with an “*” may be required to obtain additional permits. ☐ Live Band ☐ DJ ☐ Audio / Visual Show ☐ Amplified Sound ☐ Interactive Games ☐ Carnival Rides ☐ Jumper / Bouncer ☐ Entertainment ☐ Vehicle Display ☐ Food Vendors ☐ Food Trucks ☐ RV
☐ Banners / Signage ☐ Balloons ☐ Temporary Tents* ☐ Canopies* ☐ Generators* ☐ Portable Restrooms ☐ Other:
ITEM
QUANTITY
SIZE
APPLICANT CERTIFICATION
I declare, under penalty of perjury, that the foregoing information and any related documents are true and correct. I also certify that I read through the terms and conditions listed throughout Section V of this application. I understand that submittal of this application does not constitute approval of my event application. I certify that the sponsoring organizer/individual shall be financially responsible for any City fees, departmental services charges, or costs that may lawfully be imposed for the event. I understand that my application will be reviewed and I will be notified of the status of my application through the contact information provided above.
Signature Date
REV 05/2021 PAGE 7 OF 11 EVENT APPLICATION
OFFICE USE ONLY
FEES DUE FEE DATE PAID
Application Fee $
Other Fee: $
Other Fee: $
Other Fee: $
Other Fee: $
Other Fee: $
TOTAL FEES DUE $
DEPARTMENTAL REVIEW
Refer to the Events Application Policy for the timeline by which reviews must be completed by each respective department.
Date to Fire: ☐ Approved ☐ Approved Conditionally ☐ Denied Date to Police: ☐ Approved ☐ Approved Conditionally ☐ Denied Date to Public Works: ☐ Approved ☐ Approved Conditionally ☐ Denied Date to Community Development: ☐ Approved ☐ Approved Conditionally ☐ Denied
Date to Other: ☐ Approved ☐ Approved Conditionally ☐ Denied Date to City Manager: ☐ Approved ☐ Approved Conditionally ☐ Denied Date to City Council: ☐ Approved ☐ Approved Conditionally ☐ Denied CITY MANAGER SIGNATURE:
City Co-Sponsorship Amount (if applicable; attach Staff Report): $ Confirm relevant marketing materials conform to the City’s branding guidelines. Attach copies to this application’s file.
Date Traffic Control Plan Received: Date Liability Insurance Received:
Date Community Notification Received:
Date Security Plan / Contract Finalized (if applicable; attach to this application’s file):
Additional Comments / Notes
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APPENDIX: EVENTS APPLICATION DEFINITIONS AND GUIDELINES The following Definitions and Guidelines apply to all Special Events and Public Events within the City of San Marino, unless otherwise specified, and govern the approval and execution of the aforementioned activities.
REMINDER: The City of San Marino may request from the Applicant additional information not listed below deemed necessary to determine whether the application should be granted, conditionally granted, or denied. A checklist for each of the following event types can be found on page 2 of this application packet.
SPECIAL PRIVATE EVENTS are events not open to the public and having 100 or more attendees; occurring in an R1 Residential Zone; serving a political or charitable nonprofit organization; requiring a fee for entry, collecting donations, and/or fundraising is taking place.
PUBLIC EVENTS are an assemblage of persons, animals, vehicles, or any combination thereof, that assemble on public property, including streets, sidewalks, Lacy Park, City Hall, Stoneman School, San Marino Center, Crowell Public Library, or other areas deemed as property of the City of San Marino. Public Events are categorized into the following:
• General Public Events: organized events open to the public that is on or passes through public property or public right-of-ways and is comprised of 15+ persons. These are unique from classes or activities that require registration and/or a participation fee.
• Block Parties: one or more blocks in an R-1 Residential Zone neighborhood are closed for the purpose of a public gathering for the persons residing in that neighborhood • Expressive Activities: conduct of which the sole or principal object in the communication of opinions, views, or ideas that are protected by the 1st Amendment of the United States Constitution and typically taking place on sidewalks and/or the Huntington Drive medians
• Spontaneous Events: any public event involving expressive activity that is in response to a public occurrence that took place within the last five (5) days
The Community Development Director or their designee reviews the applications for Special Events on Private Property to determine the issuance of a Special Events Permit. A decision is based on the following criteria:
1. Compliance with the eligibility criteria
2. Compliance with the rules in the completed application
3. The Applicant and persons affiliated are in good standing within one (1) year prior to the date of the proposed event being applied for. Good standing will be defined as having complied with all terms and conditions of previous event applications executed by the Applicant or affiliated persons and not providing any false information on any City applications.
The City Manager or their designee reviews the applications for Events on Public Property to determine the issuance of a Public Events Permit. A decision is based on the following criteria and in consultation with City Attorney:
1. Compliance with the eligibility criteria
2. Availability of the subject public property
3. Compliance with the rules in the completed application
4. The Applicant and persons affiliated are in good standing within one (1) year prior to the date of the proposed event being applied for. Good standing will be defined as having complied with all terms and conditions of previous event applications executed by the Applicant or affiliated persons and not providing any false information on any City applications.
A. APPLICATION SUBMITTAL
Event applications must be submitted in accordance to the deadlines outlined in this application, depending on the type of event permit being sought.
REV 05/2021 PAGE 9 OF 11 EVENT APPLICATION
Staff may meet with the Applicant to review the application in its entirety and to calculate the fees due. Staff will ensure that the Applicant provided all the necessary materials and information (SMMC §16.08.05.G) to ensure they are able to complete a thorough review of the event request. All applications must be completed via the fillable PDF provided.
Handwritten applications will not be accepted. After an application is submitted, the Community Services Department will route the application and attachments to the appropriate City Departments and Divisions. An application will be denied, approved, or conditionally approved by the City in accordance with the deadlines outlined in the table below.
Type of Event Must be submitted at least Decision Due
Special Private Event 60 days before event date Within 15 days that application is deemed complete General Public Event 60 days before event date Within 30 days that application is deemed complete Block Party 10 business days before event date 5 days before event date Expressive Activity 10 business days before event date 5 days before event date Spontaneous Event 24 hours before event start time 6 hours before event start time B. APPLICATION REVIEW AND DETERMINATION
Staff may only approve events that are operated in compliance with the San Marino Municipal Code. Staff may impose conditions of approval for the operations of the temporary use, and may affect the following:
• Event time period
• Event duration / hours
• Date of the event
• Noise levels
• Location of temporary structures
• Waste collection
• Sanitary facilities
• On-site police / security and safety measures
The Applicant will be notified of any additional fees required for any law enforcement deemed necessary by the San Marino Police Department for policing the proposed event. The Applicant will receive a written determination from City staff that describes the terms of the approval or denial.
C. APPLICABLE FEES
Fees that are applicable to the submittal of a special event or public event permit are set by the City Council in the Fee Schedule at the approval of each annual budget. Applicants are required to pay the appropriate fees for submitting this application. Additional fees may be assessed, as allowed under the policy D. INDEMNIFICATION AND INSURANCE
The Applicant shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and all losses, costs , expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in an way connected with the Applicant’s use or occupancy of the private or public property, unless solely caused by the gross negligence or willful misconduct of the City, its officers, employees, or agents.
As a condition precedent to the issuance of a special event or public event permit, the Applicant shall obtain public liability insurance from an insurance company licensed to do business in the State of California and having a financial rating in Best’s Insurance Guide of at least “B”. Such insurance shall provide occurrence coverage against liabilities for death, personal injury, or property damage arising out of or in any way connected with such special event. Such insurance shall be in the amount of at least one million dollars ($1,000,000), combined single limit, and shall name the City and the City’s officers, employees and agents as additional insureds under the coverage afforded. In addition, such insurance shall be primary and noncontributing with respect to any other insurance available to the City and shall include a severability of interest (cross liability) clause. Proof of such insurance, in a form approved by the Director, shall be maintained in full force and effect throughout the course of the special event authorized by such permit.
REV 05/2021 PAGE 10 OF 11 EVENT APPLICATION
The applicant must list the City of San Marino, 2200 Huntington Drive, CA 91108 as a certificate holder. The certificate must endorse the City of San Marino as additional insured with the following:
“The City of San Marino, its officers, employees, and agents are named as additional insured with respect to liability arising out of [NAME OF EVENT] to be held on [DATE OF EVENT].”
Alternatively, the Applicant may provide insurance through the San Marino Recreation Department from under the City’s carrier to cover the event. The insurance fees for each event type are specified in the Fee Schedule.
E. EVENT DESCRIPTION
The Applicant must describe the full nature of the event (i.e. for-profit commercial event, non-profit event, fundraiser, etc.), whether admission fees or pre-registration is required, host or sponsoring organization(s) of the event, and a timeline of the event. If an event organizer is applying for the event permit, a letter from the Chief Officer or authorized representative of the Applicant, which authorizes the organizer to apply for the event permit, is required.
F. SITE PLAN / ROUTE MAP
The Applicant must submit a site plan that draws out the layout of the proposed event. This is applicable for moving routes and fixed venues. Based on the event site plan and components, the Fire Department and/or Community Development Department may require an inspection of the venue at the Applicant’s expense before or during the event. The site plan must include all elements of the event, including but not limited to the following:
• Chairs
• Tables
• Portable structures
• Stages
• Bleachers
• Tents (Note: any tent larger than 250 square feet requires a separate permit) • Booths
• Bars
Furthermore, the Applicant must include the following details, if applicable:
• An outline of the entire event venue, including the names of all streets or areas that are part of the venue. Include the direction of travel is the event is moving or along a route • Streets and/or intersections that require soft or hard closures. A traffic control plan will coincide with this item. • Location of fencing, barriers, and/or barricades. Indicate any removable fencing for emergency access • The provision for a minimum of twenty (20) foot emergency access lanes throughout the event venue • Location of first aid facilities and ambulances
• Location of all stages, platforms, scaffolding, bleachers, grandstands, canopies, tents, portable restrooms, booths, beer gardens, cooking arenas, trash containers, dumpsters, and other temporary structures • Detail of food booths and cooking area configurations • Generator locations and electricity sources
• Locations and sources of open flames, fuel, and other hazardous material containers • Placement of vehicles and/or trailers
• Exit locations for outdoor events that are fenced or within tents or tent structures • Identification of all event components that meet accessibility standards • Parking and shuttle plan
• Other related components not listed above
Note: a detailed narrative should supplement your site plan or route map.
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G. SECURITY AND TRAFFIC CONTROL
A security plan must be developed that will comply with any conditions established by the San Marino Police Department. Upon review, the Applicant may be required to enter into a police service contract to hire Police Department personnel and/or staff for purposes of traffic control and/or crowd control.
A traffic control plan must be completed by a licensed traffic control company (C-31). The plan must also include an applicable parking plan to show the number of parking stalls that will be available for event staffers, volunteers, and event participants. If off-site parking is proposed at a different area, the Applicant must include a separate site plan for that area. If on-street parking or parking restrictions are proposed, the Applicant must provide a diagram showing the requested restrictions. A detailed narrative should supplement the traffic control plan.
H. CITY CO-SPONSORSHIP
Co-sponsorship by the City of San Marino is approved or denied by the City Council. The Applicant must describe any in-kind services they are requesting from the City of San Marino. These services include the following:
• City staff time
• Permit fees
• Event promotion using City media services
• Facility rentals
Furthermore, the Applicant must outline if they are requesting permission to use the City of San Marino logo for event marketing purposes. Please note that for City co-sponsorship requests, a minimum of ninety (90) days advance notice is needed to allow for City Council action.
I. EVENT MARKETING AND NOTIFICATION
The Applicant must describe how they intend on informing the public of their event. This requirement is to ensure compliance with §16.08.14 of the San Marino Municipal Code whereby it is unlawful to use the City’s name without authorization.
The description may be brief and concise, but the description must include the date they intend to start publicity. It is strongly suggested that publicity not start until the Applicant secures the event permit. Furthermore, if the Applicant is required to notify the community, they must provide a copy of the notice a minimum of three (3) weeks prior to the event. The notice must be submitted to the Community Services Department for review. Once approved, the notices must be distributed at least two (2) weeks prior to the event date. Notification area will be determined once the application is reviewed by applicable City staff.
All temporary signage, on-site and off-site, must also be described in the Application. Off-site signs include signs located on the public right-of-way (i.e. sidewalks, center medians, traffic light poles, etc.). On-site signs include signs located on private property for promotional and/or directional purposes. A separate Temporary Sign Permit for on-site signs will be required, if applicable. Fees related to such permits are determined by the Community Development Department.
City of San Marino Events Permit Application and Agreement Supplement to Page 5 – Description of Event
As one of the support groups for the Crowell Public Library since 1995, the San Marino Public Library Foundation presents a variety of activities to supplement the funding needed for future capital and technological needs. Literary Libations is our newest fundraising event to be presented on Saturday, October 15, 2022 at 6pm in the Crowell Public Library. Event attendees will be able to roam about the first floor of the library and the outside patio to sample food, wine, beer and spirits. There will be a silent auction, a paddle raise and opportunity drawings to further raise funds for the library.
The event will utilize the full first floor of the library including all the reading areas, the Barth Community Room, LifeLong Learning area as well as the outdoor patio area. The Foundation will work with our City liaison to walk through the areas to be utilized for the event and how they will be used.
This first presentation of Literary Libations will be marketed and advertised to the San Marino community and previous Foundation donors. We are working with our City liaison to be included in the Community Services Guide, will request placement of banners along Huntington Drive in front of the library (8’x5’), in the library courtyard (8’x5’) and on West Drive next to the library parking access (size not yet decided), will request inclusion in community social media communications and in-library displays to promote the event. Additionally, we will work to get awareness in the San Marino Tribune, local school and community organization communication distributions, local businesses and a combination of social media outlets.
The Foundation has a track record with our previous Delicious Destinations events to provide a community wide event which has helped fund the RFID system, new computers, audio/visual equipment upgrades and grow the current collection. We have high hopes for this event to provide another opportunity to support the library.
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Fiscally Responsible and Transparent City Government
BACKGROUND
Staff prepare minutes for all City Council and City advisory body meetings, including Library Board of Trustees meetings. The minutes are the official record of the meeting. There are three basic types of formats for minutes – action, summary, and verbatim. Action minutes reflect the action taken, including the maker and second of motions, and the vote of each motion. The content of presentations and discussions are not included in action minutes. Summary minutes include the information in action minutes plus a summary of points discussed and individuals’ comments. Verbatim minutes are a “word by word” transcript of the proceedings.
A majority of California cities prepare action minutes. On average, the time to prepare summary minutes takes 2½ times the length of the meeting. Action minutes streamline the process and allow for a more efficient use of staff time. It was primarily for this reason that, on April 9, 2014, the City Council voted to establish the “action” minutes format for itself and all advisory bodies.
DISCUSSION
On July 27, 2020, the Library Board of Trustees voted to request that the City Council permit the “summary” format to be utilized for Board meeting minutes. Given the Board’s level of interaction on Library matters, members felt that a summary of Trustee discussions would be more helpful in order to track ideas and projects and to better inform future Board members.
On September 9, 2020, the City Council voted to approve the request.
TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Cathi Johnson, Community Services Director
Kristin Shigenaga, Management Analyst
DATE: July 13, 2022
SUBJECT: APPROVAL OF REQUEST TO CHANGE THE FORMAT OF THE MINUTES FROM “SUMMARY” TO “ACTION” FOR THE LIBRARY
BOARD OF TRUSTEES
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
As mentioned above, summary minutes require a significant amount of staff time. In hopes of better utilizing staff time, staff recommended that the Board revert back to the “action” format of minutes at the Board meeting on June 27, 2022. At this meeting, the Board discussed how video and audio recordings of the meetings can provide the benefits that the members were looking for when they requested to switch to “summary” minutes back in 2020. At the June 2022 meeting, the Board voted to approve of the minutes format change to “action” and to request City Council’s approval of the change in format.
FISCAL IMPACT & PROCUREMENT REVIEW
This report has no fiscal impact and requires no procurement review.
LEGAL REVIEW
The City Attorney’s office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the Council approve of the change to the format of the minutes from “summary” to “action” for the Library Board of Trustees. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the change of the format of the minutes from ‘summary’ to ‘action’ for the Library Board of Trustees.”
ATTACHMENTS
None.
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Fiscally Responsible and Transparent City Government
BACKGROUND
The City’s required payments to the California Public Employees Retirement System (CalPERS) each year consists of two parts: (1) the employer’s “normal cost,” which represents the estimated cost of pension benefits to be earned by active employees for the year; and (2) an amortization payment to pay down the unfunded accrued liability (UAL), which is the amount by which the value of pension fund assets falls short of the value of the projected pension benefits.
The employer’s “normal cost” payments must be made throughout the year. However, for the UAL amortization payments, CalPERS allows its member agencies an option to either make the required payments monthly or to prepay the annual amount by no later than July 31st each year.
CalPERS offers a discount for the annual advance payment option.
The City has nine separate plans with CalPERS, three each (Tiers 1, 2 and PEPRA) for its Miscellaneous, Police and Fire employees. The annual prepaid option is available for each of these nine separate plans.
TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Paul Chung, Finance Director
Mark Siegfried, Accounting Manager/Controller
DATE: July 13, 2022
SUBJECT: AUTHORIZATION TO PREPAY CALPERS FY 2022-23 UNFUNDED
ACCRUED LIABILITY (UAL) AMORTIZATION PAYMENTS
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
DISCUSSION
Many public agencies are taking advantage of the annual prepaid option for their UAL obligations as a way of saving money. The discount rate offered by CalPERS is attractive and the primary consideration is whether there is sufficient cash flow to allow for the sizable disbursement in July.
The table below illustrates the amount of savings that CalPERS is offering the City for each of our nine separate pension plans to take advantage of the annual prepaid option for our UAL obligations. The potential gross savings for all nine plans combined total $101,674, which is the difference between the sum of the monthly payments and the sum of the annual prepayment amounts. The amount of the advance payment for all nine plans combined would be $2,954,941.
The discount rate that CalPERS is offering us with these advance payment options is approximately 6.292%. This discount rate is far greater than the approximately 1.25% rate of interest the City could earn on its own investments, were the City to invest the advance payment amount and make the required monthly payments, instead of making the advance payment. If the City makes the advance payments, the City would lose a certain amount of interest earnings by not having that cash available to invest during the year. Assuming a 1.25% interest rate on City investments, there would still be a net savings of $82,097.69 from prepaying.
The FY 2022-23 Adopted Budget included requested expenditures to pay the total of the 12 monthly payment amounts for all nine pension plans. Accordingly, prepayment would result in budgetary savings.
CalPERS Plan
Monthly
Payment
Total Payments If
Paid Monthly If Prepaid Gross $ Savings Net $ Savings * Misc - Tier 1 $ 61,417.50 $ 737,010.00 $ 712,494.00 $ 24,516.00 $ 19,795.77 Misc - Tier 2 625.58 7,507.00 7,257.00 250.00 201.88
Misc - PEPRA 770.00 9,240.00 8,933.00 307.00 247.82
Police - Tier 1 93,132.58 1,117,591.00 1,080,416.00 37,175.00 30,017.27 Police - Tier 2 379.92 4,559.00 4,407.00 152.00 122.85
Police - PEPRA 489.75 5,877.00 5,682.00 195.00 157.35
Fire - Tier 1 93,985.67 1,127,828.00 1,090,312.00 37,516.00 30,292.75 Fire - Tier 2 3,345.50 40,146.00 38,811.00 1,335.00 1,077.88 Fire - PEPRA 571.42 6,857.00 6,629.00 228.00 184.12
$ 3,056,615.00 $ 2,954,941.00 $ 101,674.00 $ 82,097.69
* Net $ Savings, net of lost interest earnings at 1.25% interest rate
FISCAL IMPACT & PROCUREMENT REVIEW
The net budgetary impact of taking advantage of the option to prepay the CalPERS UAL amortization payments for FY 2022-23 is a net savings to the City of $82,097.69, assuming a
1.25% rate of interest on City investments. The City has sufficient cash reserves to make this payment in July and still meet its other obligations.
Procurement review is not applicable.
LEGAL REVIEW
The City Attorney’s office has reviewed this report and approved it as to legal form.
RECOMMENDATION
Staff recommends that the City prepay its FY 2022-23 UAL amortization payments to CalPERS for an estimated net savings of $82,097.69. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to authorize staff to prepay all of the City’s Fiscal Year 2022-23 unfunded accrued liability amortization payments to CalPERS in the total amount of $2,954,941, and to make such payments no later than July 31, 2022.”
ATTACHMENTS
None.
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STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Engaged and Connected Residents
• Efficient, Responsive, and Effective City Services
• Fiscally Responsible and Transparent City Government
BACKGROUND
The California Joint Powers Insurance Authority (JPIA) holds an annual Board of Directors meeting where member agencies have the ability to vote on various items. Each year the City Council appoints a Council Member to act as a voting delegate and either a Council Member or staff member as an alternate voting delegate to the California JPIA. California JPIA bylaws require the delegate and alternate be appointed by the governing body. At the January 12, 2022 City Council meeting, the Council appointed Council Member Ude as the voting delegate, and the Human Resources Director was appointed as the alternate voting delegate.
DISCUSSION
This year the California JPIA’s annual Board of Directors meeting is being held on July 20. Council Member Ude is not able to attend the meeting, and the Human Resources Director’s effective date is not until after July 20. If Council so choses, City Manager Marlowe can be appointed as a voting delegate alternate in place of the Human Resources Director to vote on the City’s behalf at the Board of Directors meeting.
FISCAL IMPACT & PROCUREMENT REVIEW
None.
TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Christina Baker, City Clerk
DATE: July 13, 2022
SUBJECT: APPROVAL OF THE CITY MANAGER AS A VOTING DELEGATE
ALTERNATE FOR THE CALIFORNIA JOINT POWERS
INSURANCE AUTHORITY 2022 ANNUAL BOARD OF DIRECTORS
MEETING
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 has reviewed and approved the staff report as to legal form.
RECOMMENDATION
Staff recommends the City Council appoint City Manager Marlowe as a voting delegate alternate for the California JPIA’s 2022 Annual Board of Directors Meeting. If Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve City Manager Marlowe as a voting delegate alternate for the California JPIA’s 2022 Annual Board of Directors Meeting.”
ATTACHMENTS
None.