San Marino City Council
October 28, 2022

CITY OF SAN MARINO

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

ADJOURNED REGULAR MEETING

OF THE SAN MARINO CITY COUNCIL
FRIDAY, OCTOBER 28, 2022 AT 8:30 A.M.

BARTH ROOM CROWELL PUBLIC LIBRARY
1890 HUNTINGTON DRIVE
SAN MARINO, CA 91108
The City of San Marino appreciates your attendance. Citizens’ interest provides the Council with valuable information regarding issues of the community.

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

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

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

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

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

Website: https://us02web.zoom.us/j/83331448957
Meeting ID: 833 3144 8957
2) Via Phone for Audio Only:

Phone Number: (669) 900-9128
Meeting ID: 833 3144 8957

How to offer public comment from home:
1) Public comment will be accepted by email to [email protected] until 3:00 p.m. the day before the meeting, to be read by the City Clerk during public comment.

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

CALL TO ORDER

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

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

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

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

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

NEW BUSINESS

1. APPROVAL OF A REQUEST FOR PROPOSAL (RFP) FOR THE CITY

MANAGER RECRUITMENT
Recommendation: Staff recommends the Council (1) direct staff to release the RFP to solicit responses for a professional recruiting firm to conduct the search for the City Manager position; and (2) appoint ________ and ________ to serve as the Ad Hoc Committee to select the recruiting firm and make a recommendation for full City Council approval.

2. ADOPTION OF RESOLUTION NO. R-22-43, AMENDING THE

UNREPRESENTED EMPLOYEES SALARY AND BENEFITS SCHEDULE FOR THE PERIOD COVERING JULY 1, 2022 THROUGH JUNE 30, 2024

PERTAINING TO MODIFICATION OF WORK SCHEDULES
Recommendation: Staff recommends the Council adopt Resolution No. R-22-43, amending the Unrepresented Employees Salary and Benefits Schedule for the period covering July 1, 2022 through June 30, 2024 pertaining to modification of work schedules.

3. ADOPTION OF RESOLUTION NO. R-22-42 RESCINDING RESOLUTION NO.

R-22-34 AND CHANGING THE LOCATION OF CITY COUNCIL AND

ADVISORY BODY MEETINGS
Recommendation: Staff recommends the Council adopt Resolution No. R-22-42, a Resolution of the City Council of the City of San Marino, California, Rescinding Resolution No. R-22-34 and Changing the Location of City Council and Advisory Body Meetings.

4. APPROVAL OF THE FALL 2022 PUBLIC TREE REMOVAL LIST
Recommendation: Staff recommends that the City Council approve the Fall 2022 recommended tree removal list and authorize the Director of Parks and Public Works to move forward to properly remove the trees on the list.

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

PUBLIC COMMENTS

FUTURE AGENDA ITEMS

ADJOURNMENT
Dated: October 20, 2022 CHRISTINA BAKER
Posted: October 21, 2022 CITY CLERK

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

BACKGROUND
The City Council has appointed Fire Chief Mario Rueda to Acting City Manager effective October 5, 2022. Staff is requesting authorization from the City Council to release a Request for Proposal (RFP) for a professional recruiting firm to conduct the recruiting process for the City Manager position. A permanent City Manager recruitment process can take between five to seven months.

The benefit of a professional recruiting firm will provide the following steps to assist the City Council in the selection of this critical position:

1. Development of a position profile that reflects the expectations of the City Council and the community.

2. Outreach and Recruitment – a recruiting firm has extensive resources to seek the most qualified candidate and best fit for the organization.

3. Conduct Community Outreach as directed by the City Council.

4. Candidate Evaluations – a recruiter will closely evaluate and interview candidates. The recruiter will rank candidates and present the highest ranking individuals to meet with the City Council.

5. The recruiter will conduct reference checks and background investigations.

TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Lizette Guerrero, Human Resources Director
DATE: October 28, 2022
SUBJECT: APPROVAL OF A REQUEST FOR PROPOSAL (RFP) FOR THE

CITY MANAGER RECRUITMENT
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

6. The recruiter will work with the City Council in the negotiations of salary and compensation packages.

7. The recruiter will complete the process by advising the other candidates of the selection and any other closing detail.

DISCUSSION
The steps to move forward with the RFP process are recommended as follows:

1. Direct staff to release an RFP for the professional recruiting firm on October 31, 2022.

2. Deadline for proposal would be November 17th, 2022.

3. City Council appoint an Ad Hoc Committee to select the recruiting firm and bring their recommendation to the December 14, 2022 City Council meeting for approval of a contract and appropriation of funds.

FISCAL IMPACT & PROCUREMENT REVIEW
The fiscal impact is unknown at this time.

LEGAL REVIEW
The City Attorney has reviewed and approved the staff report as to legal form.

RECOMMENDATION
Staff recommends that the City Council: (1) direct staff to release the RFP to solicit responses for a professional recruiting firm to conduct the search for the City Manager position; and (2) appoint Council Members to serve as the Ad Hoc Committee to select the recruiting firm and make a recommendation for full City Council approval. Staff recommends that the City Council.

If Council concurs, an appropriate motion would be:
“I move to (1) direct staff to release the RFP to solicit responses for a professional recruiting firm to conduct the search for the City Manager position; and (2) appoint ____________ and ____________ to serve as the Ad Hoc Committee to select the recruiting firm and make a recommendation for full City Council approval.”

ATTACHMENTS

1. RFP City Manager Recruitment

2. Standard Professional Services Agreement (PSA)

CITY OF SAN MARINO, CA
Request for Professional Services Proposals for

CITY MANAGER RECRUITMENT SERVICES
RFP Circulation Date: October 31, 2022
Proposal Submission Deadline:

Thursday, November 17, 2022 by 4:00 P.M.

Late proposals will not be considered
Contact Person:

Lizette Guerrero, Human Resources Director
(626) 300-0704
[email protected]

City of San Marino
Request For Proposals
City Manager Recruitment Services
INTENT
The City of San Marino, California is seeking the services of a highly qualified executive search firm to guide and manage the recruitment and selection of a City Manager. The successful firm must have the knowledge and demonstrated experience and expertise to advise the City Council on the recruitment and selection process. Further, the firm must employ methods to ensure highly qualified candidates are attracted to the community, and have the ability to effectively involve key stakeholders.

THE CITY OF SAN MARINO
Situated 12 miles from the majestic foothill mountains, the beautiful City of San Marino (population 13,327) is located northeast of Los Angeles in the San Gabriel Valley. Incorporated in 1913, San Marino is primarily a residential community known for expansive properties surrounded by beautiful gardens, wide streets, well maintained parkways, and top performing schools.

A city of 3.75 square miles, San Marino is home to numerous recreational and cultural opportunities that complement all interests. Residents and visitors enjoy hiking in the foothill mountains, exhibits at The Huntington, historical culture at the Old Mill Foundation, and Lacy Park. The City’s appeal as a small community, its attention to residents, and being ranked as the 12th safest city in California makes San Marino among the region’s best places to live. The City prides itself on the concierge level services it provides to its residents, businesses and visitors alike. San Marino residents are well educated, successful, highly engaged, and proud of their community.

The City of San Marino is a General Law city and operates under the Council/Manager form of government. The City Council consists of five members that are elected at-large and typically serve staggered, four-year terms. Mayor and Vice Mayor seats typically are one year in duration and are selected by the Council Members. The City Council appoints the City Manager, City Attorney, and City Treasurer.

The City of San Marino provides excellent, responsive, and high-quality services for the community. The City has approximately 134 FTEs within the departments of the City Manager’s Office, Community Development, Community Services (Recreation and Library), Finance, Fire, Human Resources, Police, and Parks & Public Works. Based on the City’s high property values, property tax revenue, and fiscal conservatism, the community is financially stable and secure, with an Operating Budget of $30.1 million and Capital Budget expenditures totaling $16.6 million for 2022/23. The City has a funded 5 year CIP with a wide range of projects that the Director will be responsible for implementing.

The City Council strives to provide the very highest level of service to its residents and is very responsive to resident concerns.

SUBMITTAL
Interested vendors shall submit one (1) original and (6) copies of the proposal response documents to:

City of San Marino
Attention: City Clerk
2200 Huntington Drive
San Marino, CA 91108
Proposals must be submitted by Thursday, November 17, 2022 at 4:00 p.m.

Questions can be directed to Lizette Guerrero, Human Resources Director at (626) 300-0704 or [email protected].

SCOPE OF SERVICES
The City anticipates the search will involve the following phases:

Phase 1 January Candidate Profile; Recruitment Strategy & Materials Phase 2 February Outreach and Advertising Campaign
Phase 3 March Candidate Screening and Interviews
Phase 4 April Selection, Background, Contract Development Phase 5 May 2023 Start Date
The core services required will include:
• Serve as the primary contact with City Council, guiding and advising them through the recruitment and selection process.
• Meet with Council Members to develop the City Manager candidate profile and priorities for the incoming City Manager.
• Conduct Community Outreach as directed by the City Council. • Interview the Executive Team and other key stakeholders to supplement this profile and to assess the culture and environment.
• Develop recruitment materials, and conduct advertising campaign. • Serve as point of contact for candidates, respond to inquiries, and review and screen all application materials received.

• Select the most qualified candidates to be interviewed by the City Council, and make preliminary background/reference inquiries prior to putting candidates forward. • Provide a written report summarizing the overall candidate pool and the qualifications of those being recommended for Council consideration, and meet with the City Council to review.
• Advise the City Council on interview strategies, appropriate inquiries, and rating methodology, and assist in the interview process.
• Facilitate the final interview and selection process. • Conduct final background.
• Assist in the development of the employment contract as may be requested by the City Council.

The Consultant and/or the City may propose additional tasks as deemed necessary to complete the assignment. Any additional work shall be compensated as agreed upon and defined in the City's contract with the Consultant.

PROPOSAL REQUIREMENTS
Proposals should be concise and limited to the scope of services requested. Each proposal should include the following information:

Background Information: firm name, address, phone number and website address; brief history and outline of the firm.

Qualifications and Experience: Specific qualifications regarding the firm's experience in conducting executive searches for a City Manager; resume(s) of the individual(s) to be assigned to this project, and the roles each person will perform; and contact information for references for similar searches the firm and the assigned individuals have conducted within the past five (5) years.

Work Plan: A statement of your firm's understanding of the services to be performed and your ability and commitment to provide the services indicated in the RFP; and, a description of the work plan, methodology and approach to carry out the Scope of Work.

References: A minimum of three (3) municipal references for Executive Level recruitments conducted within the past five (5) years, at least two (2) of which must be for City Manager. The references must be for searches conducted using the principle being recommended as a part of this proposal. Include the name, entity, address, and daytime telephone number for each reference.

Schedule: A statement regarding the firm's ability and commitment to meet the timeframes stated in the Scope of Services, and a more detailed proposed schedule. Keep in mind the City of San Marino holds Regular Council Meetings on the second Wednesday of each month, and Council Study Sessions on the last Friday of each month. Special Meetings can be held if necessary, but should be the exception.

Cost: A flat fee proposal to complete the entire scope of work, and a separate itemized not-toexceed estimate for travel and any other incidental expenses not included in the flat fee; and a list of personnel proposed to work on the project including allocations of time each person is to work on the project and hourly rates for these individuals.

Completion: A statement about the firm's approach in the event of either an unsuccessful recruitment, or the premature dismissal or resignation of the selected candidate.

Insurance: A statement that the Consultant can meet the City's mandatory insurance requirements: The City requires Commercial General Liability Insurance with limits of not less than $1,000,000 per occurrence, Professional Liability Insurance with limits of not less than $1,000,000 per occurrence if available to a professional engaged in Consultant's regular course of business, and Workers' Compensation Insurance as required by the State of California.

OTHER PROPOSAL INFORMATION
Respondents are cautioned that any oral statements made that materially change any portion of this solicitation are not valid unless subsequently ratified by a formal written amendment to this RFP.

Applicable Laws Shall Apply
The contract awarded shall be governed in all respect by the laws of the State of California, and any litigation with respect thereto shall be brought in the courts of the State of California. The company awarded the contract shall comply with applicable Federal, State, and local laws and regulations.

Collusion Among Respondents
Each respondent, by submitting a proposal, certifies that it is not party to any collusive action or any action that may be in violation of State and Federal law.

Exceptions
A respondent taking exception to any part or section of this solicitation shall indicate such expectations in a separate section of the submitted proposal - such section shall be entitled "Exception of Conditions." Failure to indicate any exception will be interpreted as the respondent's intent to comply fully with the requirements of this RFP as written.

Expenses Incurred
There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by

respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.), unless exempt. Any language purporting to render the entire proposal confidential or proprietary will be ineffective and will be disregarded.

Late Submissions
Any proposal received at the place designated in this RFP after the time specified for receipt will not be accepted or considered.

Nonconforming Terms and Conditions
Any proposal that includes terms and conditions that do not conform to the terms and conditions in this RFP is subject to rejection as non-responsive. The City of San Marino reserves the right to permit the respondent to withdraw non-conforming terms and conditions from its proposal prior to action by the San Marino City Council to award a contract.

Withdrawal of Proposal
Respondents may withdraw all or any portion of a proposal at any time during and after the review and award process, up to ratification of an agreement between the City of San Marino and the designated agency.

Withdrawal of Request for Proposal
The City of San Marino retains at all times the right to cancel or withdraw this RFP, to refuse to accept a proposal from any respondent, and to modify or amend any portion of this RFP.

PROJECT TIMETABLE
Date(s) Action(s)
October 31, 2022 RFP disseminated to potentially interested firms November 17, 2022 Proposals due to the City Clerk in San Marino City Hall by 4:00 p.m.

On or before December 14, 2022 City Council authorizes Consultant selection

PROPOSAL EVALUATION/ SELECTION PROCESS
Each of the proposals received shall be evaluated and a determination made as to whether it meets the stated requirements of the Request for Proposal. Failure to meet these requirements will be a cause to eliminate the Consultant from further consideration.

The City will not be liable for any costs incurred in the preparation of the proposal nor for obtaining the required insurance.

The City reserves the right to reject any and all proposals, to waive any technicalities, to accept or reject the proposal, and to be the sole judge of the suitability of the proposals submitted.

In addition to evaluating the written materials, oral interviews will be conducted.

In both the initial evaluation of the proposals and in the interview process, consideration will include the following:
• Demonstrated understanding of the services requested. • Prior and recent experience in successfully performing similar work. • Qualifications of the firm and the assigned individuals. • Methodology and proposed approach to completing the work. • Fees to be charged and overall cost effectiveness of the proposal. • Outcome of reference checks.

STAFF CONTACT
All questions regarding this Request For Proposals shall be directed to:

Lizette Guerrero, Human Resources Director
City of San Marino 2200 Huntington Drive, San Marino, CA 91108 Phone: (626) 300-0704
E-mail: [email protected]

CONTRACT COMMENCEMENT AND COMPLETION
The selected firm will be required to enter into an Agreement for the services with the City. The City’s standard Professional Services Agreement (PSA) is attached for reference. Any issues concerning the form of the agreement should be addressed in the proposal.

PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
<CONSULTANT>
<ADDRESS LINE 1>
<ADDRESS LINE 2>
This Professional Service Agreement (“the Agreement”) is made as of <Month XX, Year> (the “Effective Date”), by and between <Consultant> (“Consultant”), and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).

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 <Month XX, Year> 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 $XXXX. 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 of 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

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 thirty (30) 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 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 noninfringing 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. <Name/Title> 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
San Marino, California 91108
Attn: City Manager
To Consultant: <Name>
<Address Line 1>
<Address Line 2>
Attn: <Name>

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 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 with limits of at least $1,000,000) per occurrence; (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: 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; 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 selfinsured 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. To the maximum extent permitted by law, Consultant shall defend, indemnify, and hold City, its officials, officers, employees, volunteers and agents serving

as independent contractors in the role of city officials (collectively “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, its agents, or its subcontractors 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.

13.2. Consultant must obtain executed indemnity agreements with provisions identical to those in Section 13.1 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, 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 the 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.

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 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.

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 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:_________________________
<Name>
City Manager
Attest:

By:_________________________
City Clerk
Approved as to Form:

By:_________________________
<Name>
City Attorney

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

Exhibit A
Scope of Services

Exhibit B
Fee Schedule

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

BACKGROUND
The City hired Pekham & McKenney to conduct an executive recruitment for the Parks and Public Works Director/City Engineer after an unsuccessful internal executive recruitment. The Parks and Public Works Director/City Engineer position has been vacant since April 2022. After an extensive search, staff is delighted to report that we believe we have found a successful candidate. The candidate has requested that we temporarily modify the work schedule to allow the candidate time to relocate to the area.

Management classifications/positions are unrepresented therefore do not have an MOU; instead, those classifications are governed by a resolution adopted by the City Council, which serves to establish (1) compensation, benefits, and any procedural, rights, or protections that are of particular interest, (2) items that are not already part of the existing Personnel Rules & Regulations or current policies, and/or (3) items that revise existing provisions. Although not subject to the legal meet-and-confer process, the City Council is given the opportunity to consider the salary and benefits unrepresented employees on a regular basis. The City Council previously adopted Resolution No. R-22-38, approving the Unrepresented Employees Salary and Benefits Schedule for the period covering July 1, 2022 through June 30, 2024. That Schedule includes the normal working hours for unrepresented employees.

TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Lizette Guerrero, Human Resources Director
DATE: October 28, 2022
SUBJECT: ADOPTION OF RESOLUTION NO. R-22-43, AMENDING THE

UNREPRESENTED EMPLOYEES SALARY AND BENEFITS
SCHEDULE FOR THE PERIOD COVERING JULY 1, 2022
THROUGH JUNE 30, 2024 PERTAINING TO MODIFICATION OF

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

DISCUSSION
The Parks and Public Works Director/City Engineer candidate has stated that they will accept the conditional job offer subject to a modification of the work schedule. The candidate’s requested work schedule, 7AM to 4PM Monday thru Friday more closely aligns with the Public Works Staff schedule.

Section 7 of the Unrepresented Employees Salary and Benefits Schedule as approved by Resolution No. R-22-38, does not currently allow for any schedule modifications.

In order to give the City Manager flexibility in hopes of hiring and retaining quality employees, staff recommends Council adopt Resolution No. R-22-43, which would allow the City Manager to modify work schedules for Unrepresented Full-Time Employees.

FISCAL IMPACT & PROCUREMENT REVIEW
None.

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

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. R-22-43. If Council concurs, an appropriate motion would be:
“I move to adopt Resolution No. R-22-43, amending the Unrepresented Employees Salary and Benefits Schedule for the period covering July 1, 2022 through June 30, 2024 pertaining to modification of work schedules.”

ATTACHMENTS

1. Resolution No. R-22-43

2. Unrepresented Employees Salary and Benefits Schedule - red line version

3. Unrepresented Employees Salary and Benefits Schedule - clean copy

4. Resolution No. R-22-38

RESOLUTION NO. R-22-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA, AMENDING THE

UNREPRESENTED EMPLOYEES SALARY AND

BENEFITS SCHEDULE FOR THE PERIOD COVERING
JULY 1, 2022 THROUGH JUNE 30, 2024 PERTAINING TO

MODIFICATION OF WORK SCHEDULRES
WHEREAS, Section 02.05.01(A) of the City Code provides that salary and benefits plans for employees are a part of the City’s personnel rules and regulations when approved by resolution of the City Council; and
WHEREAS, Section 02.05.01(D) provides that the City Manager shall prepare salary and benefit schedules for presentation to the City Council; and WHEREAS, the City Council adopted the Unrepresented Employees Salary and Benefits Schedule for the period covering July 1, 2022 through June 30, 2024 on September 30, 2022 via Resolution No. R-22-38; and
WHEREAS, the City desires to amend the Schedule, specifically Section 7. Non-Sworn Work Schedules.

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

SECTION 1. That the “Unrepresented Employees Salary and Benefit Schedule” for the period covering July 1, 2022 to June 30, 2024, as attached hereto, and made a part hereof shall be adopted as the salary and benefit schedule for unrepresented employees in the City of San Marino.

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

PASSED, APPROVED, AND ADOPTED, at a Regular Meeting of the City Council of the City of San Marino, California, on this 28th day of October, 2022. ______________________________________

SUSAN JAKUBOWSKI, MAYOR

CITY OF SAN MARINO
ATTEST:
__________________________________

CHRISTINA BAKER, CITY CLERK
Attachment 1

CITY OF SAN MARINO

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-22-43 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 28th day of October, 2022, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO

UNREPRESENTED EMPLOYEES

SALARY AND BENEFITS SCHEDULE

PERIOD COVERING
JULY 1, 2022 THROUGH JUNE 30, 2024
SECTION 1. INTRODUCTION
This salary and benefit schedule shall represent the compensation program provided to unrepresented employees of the City of San Marino for the period July 1, 2022 through June 30, 2024. Unrepresented employees include department directors/chiefs, managers, and part-time employees. All full-time unrepresented employees are designated FLSA “exempt.”
SECTION 2. SALARY
A schedule of job classifications together with salary rate ranges is set forth in Exhibit A and attached hereto. Said salary rates shall be effective as indicated.

Notwithstanding the classification’s exempt status, the Fire Division Chief classification shall receive timeand-one-fifth (1.2 times the employee’s regular rate of pay) compensation for administrative duties worked beyond 112.31 hours in a payperiod.

In circumstances where a Department Director assumes responsibility for an additional department, the City Manager is authorized to grant an additional 10%-15% of compensation at the employee’s base salary rate for the duration of the assignment, to be effective after the first two weeks have elapsed per occurrence.

Management employees promoted to their position from within City employment shall receive at least a five percent (5%) salary increase. Management employees appointed from outside City employment shall receive a salary at the level approved by the City Manager.

Management employees shall be eligible for a merit increase within their appropriate salary range following the successful conclusion of their initial probationary period (for those who serve a probationary period), and each twelve (12) months thereafter, following an evaluation of the employee by the City Manager or his/her designee.

Employees with unsatisfactory performance shall not receive a merit increase.

SECTION 3. TUITION REIMBURSEMENT
Full-time employees are eligible for reimbursement for costs incurred during the fiscal year related to pursuing a formal college degree. Costs for books, fees and tuition are eligible for reimbursement. Maximum annual reimbursement is $2,500 per employee. Actual amount may vary based on available funds and the number of members submitting for reimbursement and the total amount requested by applicants. Maximum annual funds available for the program is $5,000. Amount of funds to be dispersed will be established at the end of the fiscal year and will be based on the number of applicants and the total amount requested.

If the total amount requested exceeds $5,000, then the $2,500 maximum per applicant will be reduced for all applicants to an amount which will result in a cumulative maximum of $5,000.

Attachment 2

 Example 1 – Five members apply. One for $2,500 and the others for $1,000 each. The maximum benefit would be reduced to $1,000 for each applicant.
 Example 2 - Three members apply. Two for $2,500 and one for $1,000. The maximum benefit would be reduced to $2,000 for each applicant.

SECTION 4. VEHICLE USE
Employees required to use their own vehicles for City business may be reimbursed for mileage at the rate established by the Internal Revenue Service.

The following positions may be assigned City vehicles, with the approval of the City Manager, for their use due to the unique nature of these positions and their responsibility at any and all times to be called upon to respond to emergency situations:

Police Chief
Police Commander
Fire Chief
Fire Division Chief
Parks and Public Works Director/City Engineer
Public Works Manager
The City will provide all maintenance upkeep, fuels, and insurance on the assigned City vehicle.

Personal use of the assigned City vehicle beyond commuting from home to work and work to home is prohibited, except during those times when the employee is on call. In those cases, the employees personal use is limited to the local area. Any employee issued a City vehicle agrees to hold the City harmless to waive all rights to seek damages for injury to him/herself for personal use of the vehicle. The waiver shall be prepared by the City.

Assignment of a City vehicle may be revoked or modified by the City Council, City Manager, or respective department without recourse by the employee.

SECTION 5. RETIREMENT
Employees eligible for participation in the CalPERS Retirement system shall be subject to the following rules.

Employees not deemed eligible for membership in the CalPERS system shall participate in PARS.

New Members
The Public Employees’ Pension Reform Act of 2013 (PEPRA) defines a “new member” as any of the following:
• A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California public retirement system. • A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system. • A member who first established CalPERS membership prior to January 1, 2013, and who is rehired by a different CalPERS employer after a break in service of greater than six months.

Classic Members
CalPERS refers to all members that do not fit within the definition of a new member as “classic members.”

Fire Managers:

Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:

Tier 1: For Classic Members hired by the City before July 1, 2006, the City has contracted with PERS to provide 3% at 50 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.

Tier 2: For Classic Members hired by the City on or after July 1, 2006 and before January 1, 2013 the City has contracted with PERS to provide 3% at 55 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.

Tier 3: For New Members, as defined by PEPRA, the City previously contracted with PERS to provide 2% at 57 Retirement Benefit with three years of their highest average salary calculated as final compensation. With the adoption of this year’s Firefighters’ Association MOU, the City will pursue execution of a contract amendment with CalPERS to establish a new PEPRA tier at the

2.7% @ 57 formula. Once the new tier is effective, all current Fire PEPRA employees will be transferred from the 2% @ 57 formula to the 2.7% @ 57 formula and all new Fire PEPRA employees will be enrolled in this new tier. The required employee contribution for new members is adjusted periodically by CalPERS.

Police Managers:

Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:

Tier 1: For Classic Members hired by the City before November 18, 2012, the City has contracted with PERS to provide 3% at 50 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.

Tier 2: For Classic Members hired by the City on or after November 18, 2012, the City has contracted with PERS to provide 2% at 55 Retirement Benefit with three years of their highest average salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.

Tier 3: For New Members, as defined by PEPRA, the City has contracted with PERS to provide 2% at 57 Retirement Benefit with three years of their highest average salary calculated as final compensation. The required employee contribution for new members is adjusted periodically by CalPERS.

Miscellaneous (Non-Sworn) Managers:

Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:

Tier 1: For Classic Members hired by the City before July 1, 2012, the City has contracted with PERS to provide 2% at 55 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.

Tier 2: For Classic Members hired by the City after July 1, 2012, the City has contracted with PERS to provide 2% at 60 Retirement Benefit with three years of their highest average salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.

Tier 3: For New Members, as defined by PEPRA, the City has contracted with PERS to provide 2% at 62

Retirement Benefit with three years of their highest average salary calculated as final compensation. The required employee contribution for new members is adjusted periodically by CalPERS.

Participation in Public Agency Retirement Services (PARS) Employees deemed ineligible for participation in the CalPERS Retirement System (typically part-time employees) shall participate in the PARS retirement program, which is a qualified alternative to Social Security. The Plan requires a 7.5% contribution per payperiod, which shall be evenly split between the City and the employee.

Deferred Compensation
Effective July 1, 2022, all non-sworn full-time employees shall be eligible for a dollar-for-dollar matching contribution to the City-sponsored deferred compensation program, up to a maximum City contribution of $100 per month. Effective July 1, 2022, all sworn full-time Police employees assigned to the Tier 3 Retirement formula (also known as “the PEPRA Tier”) shall be eligible for a dollar-for-dollar matching contribution to the City-sponsored deferred compensation program, up to a maximum of $175 per month.

SECTION 6. MEDICAL AND OTHER HEALTH BENEFITS
(a) FLEXIBLE MEDICAL BENEFITS. Effective February 1, 2009 the City of San Marino commenced participation in the Public Employees’ Medical and Hospital Care Act, Government Code Sections 22750 et. seq. The employer contribution for annuitants shall at all times equal employer contribution paid for active employees. Medical benefits shall be under the PERS medical program. (b) OTHER HEALTH BENEFITS. The City shall make available to current full-time employees group dental and vision programs, for as long as employee participation permits such programs to be provided.

Employees may join or remove themselves or their dependents from participation in any program once annually. The City shall notify employees of the join/remove period by providing a notice with payroll at least three (3) weeks prior to the time period.
(c) EMPLOYEE PARTICIPATION. All eligible employees (typically only full-time employees) shall be covered under the PERS medical program, except as provided for herein. The employee may select from the PERS plans which health program is best for the employee's family once annually. Employees may modify their dependent medical coverage under the PERS health plan as permitted by the insurance company. Should the program cost more than the City's contribution provided in this Article, the City shall deduct the additional funds from the employee's paycheck to pay the difference.

If an employee is able to provide proof of coverage under a spouse's or other health insurance plan, the employee need not obtain health insurance under the City's provided PERS medical program. All employees electing not to participate in the City's PERS medical program shall be required to:

1. Submit adequate written proof of medical coverage;

2. Provide the City with no less than thirty (30) days written notice before any such medical coverage is canceled; and

3. Execute a liability and hold harmless release form removing the City from all liability resulting from medical coverage or the lack thereof.

(d) CITY CONTRIBUTION. The City's contribution is established at two-hundred seventy-five dollars ($275.00) per month per annuitant and active eligible employee. This monthly contribution shall only increase as required by the Board of Administration of the Public Employees’ Retirement System or the State Legislature, as set forth in Government Code Section 22892.

The City of San Marino will establish a flexible floating fringe benefit pool (“FFBP”) for currently active employees. This “FFBP” shall not be used by any current annuitants or future annuitants. The purpose of the “FFBP” is to provide current active employees with additional health insurance, life insurance, vision insurance, disability insurance, and dental insurance.

For a two-year term, the City of San Marino commits to fully funding the cost of the insurances noted above for the employee and all eligible dependents, capped at the rates for the Los Angeles County region of medical coverage.

Effective January 1, 2023, the City of San Marino shall contribute the following flat rates per month on behalf of each currently active employee to the “FFBP”:

No Coverage Elected for Medical Insurance: $ 831.94
Employee Only Coverage Elected for Medical Insurance: $ 831.94 Employee +1 Dependent Coverage Elected for Medical Insurance: $1,875.10 Employee + 2 or More Dependents Coverage Elected for Medical Insurance: $2,537.36 Effective January 1, 2024, the City will fully fund the same insurances noted above, recalculating the amounts based on insurance premium increases.

In the event that the “FFBP” fails to cover the actual costs of the additional health insurance, required life insurance, vision insurance, required disability insurance, and dental insurance, the individual employee shall pay the difference. Any “FFBP” amount left unspent on actual insurance costs will be forfeited by the employee, with no option to cash it out, utilize it towards voluntary benefits, etc. (e) LEGACY CASH-OUT PROGRAM. In 2019, the City of San Marino discontinued the practice of permitting the unused amount of the FFBP to be cashed out by current and/or new employees. Only employees who were cashing out at the time of the previous MOU adoption were permitted to continue. That policy continues in this MOU. The employees who continue to have a cash-out amount are now part of this “Legacy Cash Out Program.” Said cash-out shall not be compensable to CalPERS as salary pursuant to California Code of Regulations, Chapter 2, Article 5, Section 572 (2CCR571). As before, all cash-out amounts are capped and shall never increase from the current amounts, but may decrease, as follows.

All Legacy Cash Out participants who elect medical insurance coverage shall have the amount of their cashout reduced on a penny-for-penny basis directly proportional to any increase to their insurance costs. For example, if an employee’s insurance costs increase by $50.75 per month, that employee’s cash-out will reduce by $50.75 per month. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.

For Legacy Cash Out Program employees who waive medical insurance coverage, their cash-out amounts will be reduced by the average percent that the cash-out reduced for Legacy employees who elect medical insurance coverage. For example, if the Legacy employees who elect medical insurance see an overall average reduction of 3.75% in their collective cash-out amount, then Legacy employees who waive medical insurance will see a corresponding 3.75% reduction in their cash-out amounts. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.
(f) RETIREE PARTICIPATION. Retirees, who have retired under a PERS retirement program after a minimum of five (5) years of full-time employment with the City or who have been authorized by the City Manager, shall be eligible to participate in the PERS medical program, the dental program and the vision plan provided by the City for current employees as provided in this Article.

Retirees and their dependents shall be eligible to remain in the PERS medical program for as long as they shall meet the requirements of said program. Retirees shall be eligible to participate in the other health programs provided for herein until they reach the age of sixty-five (65). Retirees may carry dependent coverage under the health programs (other than PERS medical) provided for herein until the dependent reaches the age of sixty-five (65).

Retirees shall be provided $275 per month, to be used for payment toward the medical and health benefits contained herein. If a retiree selects a program(s) in excess of the amount provided by the City, the Retiree shall be responsible for paying the balance due. Should the retiree select a program(s) costing less than the amount provided by the City or elect not to have any coverage, the employee shall have no rights to the balance available.

The City shall increase the contribution available to retirees by the amount required by the PERS medical program.
(g) LONG TERM DISABILITY INSURANCE. The City shall provide a Long Term Disability (LTD) insurance program for affected employees. The cost for said LTD insurance shall be paid by the employee from the monthly City contribution noted earlier in this Section. All affected employees shall be required to participate in the Long Term Disability insurance program.

The Short/Long Term Disability program shall be with a thirty (30) day elimination period up to age 65. (h) LIFE INSURANCE. The City shall provide a life insurance benefit in the amount of fifty thousand dollars ($50,000.00) per employee. The cost for said life insurance shall be paid by the employee from the monthly City contribution.

All affected employees shall be required to participate in the life insurance program. An employee may buy additional life insurance at their own cost.
(i) PART-TIME EMPLOYEE PARTICIPATION. Effective January 1, 2023, part-time employees may elect to participate in all eligible insurance programs at their own cost; there will be no City contribution.

Eligibility determinations are made by the insurance plans themselves, but the City anticipates that dental, vision, life, disability, and supplemental programs will likely be available.

SECTION 7. NON-SWORN WORK SCHEDULES
Effective March 1, 2020, the following work schedule shall take effect for full-time employees unless otherwise modified by the City Manager.:

Monday-Thursday 7:00 a.m. to 5:00 p.m.

Friday 7:00 a.m. to 11:00 a.m.

Affected Employees Include:
 City Hall:
o Accounting Manager/Controller
o Assistant to the City Manager/ Community Engagement Manager o City Clerk
o Code Enforcement Manager
o Community Development Director
o Finance Director
o Human Resources Manager and/or Director
 Community Services:
o Community Services Director
o Recreation Manager
 Police:
o Police Records Manager
 Public Works:
o Parks and Public Works Director
o Public Works Manager
Exceptions:
 Library Manager: Monday through Friday 9:00 a.m to 6:00 p.m.

SECTION 8. HOLIDAYS
All full-time employees shall be entitled to the following eleven (11) holidays as days off with pay:

New Year's Day
President's Day
Memorial Day
Fourth of July
Labor Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Full-time exempt employees required by the City Manager to work a holiday may (on an hour-for-hour basis up to a maximum of one full day) credit those working hours to their Holiday Earned accrual account or use the equivalent number of hours within that same payperiod, subject to their supervisor’s approval of the day

off.

SECTION 9. SICK LEAVE
Sick leave shall be used solely for:
 Diagnosis, care or treatment of an existing health condition or preventative care for an employee or an employee’s family member(s). Family member includes parent, child, spouse, registered domestic partner, parent-in-law, sibling, grandchild, or grandparent.  To obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking as described in Labor Code Section 230(c) and 230.1(a).

In the event an employee experiences a catastrophic illness, the employee may be credited donated sick leave hours from other employees’ sick leave accruals upon prior approval of the City Manager. The employee must first exhaust all their sick and vacation leave prior to receiving any sick leave donation.

Catastrophic leave will be approved upon presentation of a “medical certification of a serious health condition.”
Each full-time employee shall accrue five (5) hours of sick leave time at the end of each pay period not to exceed ten (10) hours per month, up to a maximum of two-hundred and forty (240) hours. Upon reaching the maximum accrual allowed, accrued hours received above the maximum shall be placed in a “bank,” only to be used in the event of a catastrophic illness with the approval of the City Manager.

Each part-time employee shall accrue to up three paid sick leave days (24 hours) in a twelve (12) month period as long as they work in excess of thirty (30) days or more within a year of beginning employment. In sum, employees accrue one (1) hour of paid sick leave for every thirty (30) hours worked; however, employees in this category shall not be entitled to use the sick leave until the 90th day of employment.

The City may limit the use of sick leave to twenty-four (24) hours per year.

An employee shall submit a "Leave Request" form to the City Manager no less than twenty-four (24) hours prior to taking sick leave for pre-scheduled medical appointments. An employee who has been absent from work due to illness shall complete a "Leave Request" form on the day he/she returns to work indicating the date, times and nature of illness. Newly-hired full-time employees shall receive sixty (60) hours of sick leave time on the date of initial hire as an advance for accruals, and shall be eligible to begin the monthly accrual provided for herein beginning the first day of the month following completion of six (6) months of employment.

Full-time employees leaving employment with the City for any reason within the first six (6) months of employment, having received an advance for accruals of sick leave time and having used said sick leave time at a rate greater than ten (10) or twelve (12) hours as applicable of sick leave time off for each month of actual employment during the six (6) month period of the advance, shall have the amount of sick leave time off in excess of ten (10) or twelve (12) hours per month deducted from the employee's final payroll on an hour for hour basis at the employee's hourly salary rate at the time of separation.

No portion of this Section shall be deemed to prevent an employee from utilizing other accrued leave time, if available, for the purpose of medical or sick leave.

Full-time management employees may elect to cash out sick leave balances in excess of 160 hours at a rate of .50 on the dollar of their base hourly rate of pay. Employees must maintain a minimum of 160 hours

of sick leave in order to be compensated. Accruals will be based on balances during the last pay period of each fiscal year. Employees shall have no vested rights in the accrued sick leave time upon termination with the City.

SECTION 10. BEREAVEMENT LEAVE
On the death of a member of an employee's immediate family; meaning spouse, natural or adopted child, step-child, grandchild, brother, sister, parent, grandparent, parent-in-law, brother-in-law or sister-inlaw, step-parent, step-brother, step-sister, or other relative living in the same household, the full-time or parttime employee shall be granted bereavement leave as follows:
(a) If the death occurred within a two hundred (200) mile radius of the City of San Marino, the employee shall be granted up to three (3) days bereavement leave, at the number of hours that employee is typically scheduled for on those days.
(b) If the death occurred outside a two hundred (200) mile radius of the City of San Marino, the employee shall be granted up to five (5) days bereavement leave, at the number of hours that employee is typically scheduled for on those days.

Upon request, the City Manager may grant paid bereavement leave in excess of the leave provided herein.

SECTION 11. VACATION LEAVE
All full-time unrepresented employees shall accrue vacation leave in accordance with the following formula:
(a) 7.5 hours for each month during the first (1st) through fifth (5th) year of employment (90.0 hours annually).
(b) 8.0 hours for each month during the sixth (6th) year of employment (96.0 hours annually). (c) 9.0 hours for each month during the seventh (7th) year of employment (108.0 hours annually). (d) 9.5 hours for each month during the eighth (8th) year of employment (114.0 hours annually). (e) 10.0 hours for each month during the ninth (9th) through the nineteenth (14th) year of employment (120.0 hours annually).
(f) 11.5 hours for each month during the fifteenth (15th) through the nineteenth (19th) year of employment (138 hours annually).
(g) 13.5 hours for each month during the twentieth (20th) through the twenty-fifth (25th) year of employment (162.0 hours annually).
(h) 15.0 hours for each month beginning with the twenty-sixth (26th) year of employment (180.0 hours annually).

Vacation leave shall be deemed as having been accrued by the employee only at the end of the pay

period in which the employee was in the service of the City. If employment begins prior to the fifteenth (15th) of the month, vacation leave shall be accrued for that month. If employment begins after the fifteenth (15th) of the month vacation leave shall be accrued beginning with the first (1st) day of the following month. If termination occurs prior to the sixteenth (16th) day of the month no vacation leave shall be accrued for that month.

Accrual at the next highest incremental rate shall begin at the end of the first pay period ending after the employee's anniversary date of original employment with the City, regardless of any promotions or demotions. If the anniversary date is the first (1st) of the month the higher rate shall be credited for that month.

If the anniversary date is the sixteenth (16th) of the month the higher rate shall begin with the first (1st) day of the following month.

Employees shall be eligible to accrue a maximum of two (2) times the annual vacation leave for which the employee is eligible pursuant to this Section. Vacation leave in excess of the maximum accrual shall be compensated on the regular payroll following the month in which the maximum accrual was attained at the hourly rate pay in effect in the month of accrual. Accrual in excess of the maximum permitted herein may be granted by the City Manager if special circumstances so warrant.

SECTION 12. ADMINISTRATIVE LEAVE
All full-time unrepresented employees shall be eligible for administrative leave in recognition of the additional hours required in performance of their duties. Administrative leave shall be taken only upon the approval of the City Manager. Administrative leave shall be accrued at the end of the first pay period beginning after July 1st of each year and shall not be carried beyond the fiscal year in which it is accrued, and remaining administrative leave time shall not be compensated.

Employees may accrue up to eighty 80 hours of administrative leave annually at the discretion of the City Manager. Any unused accrued administrative leave shall be paid out to an employee upon separation from City employment.

SECTION 13. OTHER LEAVES OF ABSENCE
Full-time employees may be eligible for absence without pay for periods of up to thirty (30) days upon approval of the City Manager.

Full-time employees may be eligible for absence with or without pay for a period of not more than one (1) year upon approval of the City Manager and the City Council.

SECTION 14. PROBATION UPON APPOINTMENT
Department director and part-time employees are designated as “at-will.” All other unrepresented employees who are not at-will and are appointed from outside City employment shall be subject to a twelve (12) month probationary period following their appointment to a management position, unless extended or shortened by the City Manager for no more than six months in either direction. An unrepresented not at-will current City employee who is promoted shall serve a six (6) month probationary period, unless extended or shortened by the City Manager for no more than six months in either direction.

SECTION 15. UNIFORMS

Unrepresented employees required to wear a uniform regularly as part of their duties for the City shall have the uniforms provided by the City, unless otherwise specified below.

The Fire Chief and Fire Division Chief(s) shall be provided the sum of $200 each year for maintenance of regular fire uniforms.

The Police Chief and Police Commanders shall be provided the sum of $1000 each year for maintenance and purchase of police uniforms.

The Public Works Manager, Code Enforcement Manager, and part-time Code Enforcement Officer(s) shall be provided the sum of $300 each year for replacement of work boots.

SECTION 16. SEVERANCE PROVISION FOR AT-WILL DEPARTMENT HEADS In recognition of the fact that Department Heads serve at the will and pleasure of the City Manager (with City Council concurrence), the City Manager shall offer severance pay to any Department Head who is terminated involuntarily or pursuant to a negotiated separation agreement, in an amount not to exceed four months of base salary.

The amount of such severance shall be subject to the following provisions:

1. An employee must have at least 12 months of service as a Department Head with the City.

2. An employee may be eligible for up to four months of base salary based on years of service as a Department Head, as follows:
 0-12 months - No Severance
 Completion of 12 months - 1 month of severance pay
 Completion of 24 months - 2 months of severance pay
 Completion of 36 months - 3 months of severance pay
 Completion of 48 months - 4 month of severance pay

3. Any severance pay is conditioned on the execution of a full release and waiver as to all employmentrelated issues by the Department Head.

4. This provision shall not apply to any retirement (either service or disability), death, and/or any voluntary resignation by a Department Head.

SECTION 17. ARPA (COVID-19) BONUS
All full-time employees employed by the City on January 3, 2023, shall receive a one-time bonus of $100 for each month employed by the City from March 2020 through June 2022. The total amount received shall not exceed twenty-eight hundred dollars ($2800) in total and will be prorated in general and for partial months.

SECTION 18. APPEARANCE GUIDELINES
The City’s 2020 Business Attire and Grooming Policy (Non-Sworn) has been updated to provide for a casual Friday. All employees are subject to this policy, which is included here as Exhibit B.

EXHIBIT “A”

WAGE BENEFIT SCHEDULE
Executive Managers
Monthly Rates Effective: 7/1/2022
Step A Step B Step C Step D Step E

Fire Chief $14,994 $18,225
Chief of Police $14,994 $18,225
Community
Development
Director
$13,363

$16,244
Finance
Director
$13,363

$16,244
Human
Resources
Director
$13,363

$16,244
Parks & Public
Works Dir./City
Eng.
$13,363

$16,244
Community
Services
Director
$11,711

$14,235
Assistant to the
City Manager
$9,179

$11,157
Human
Resources
Manager
$9,179

$11,157

Executive Managers
Monthly Rates Effective: 7/1/2023
Step A Step B Step C Step D Step E

Fire Chief $15,594 $18,954
Chief of Police $15,594 $18,954
Community
Development
Director
$13,898

$16,893
Finance
Director
$13,898

$16,893
Human
Resources
Director
$13,898

$16,893
Parks & Public
Works Dir./City
Eng.
$13,898

$16,893
Community
Services
Director
$12,180

$14,805
Assistant to the
City Manager
$9,546

$11,603
Human
Resources
Manager
$9,546

$11,603

Managers
Monthly Rates Effective: 7/1/2022
Step A Step B Step C Step D Step E

Police
Commander $12,782 $13,421 $14,092 $14,797 $15,536
Fire Division
Chief $12,782 $13,421 $14,092 $14,797 $15,536
Public Works
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Accounting
Manager/
Controller $9,179 $9,638 $10,120 $10,626 $11,157
Library
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Police Records
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Recreation
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Code
Enforcement
Manager $9,179 $9,638 $10,120 $10,626 $11,157
City Clerk $9,179 $9,638 $10,120 $10,626 $11,157

Managers
Monthly Rates Effective: 7/1/2023
Step A Step B Step C Step D Step E

Police
Commander $13,293 $13,958 $14,656 $15,388 $16,158
Fire Division
Chief $13,293 $13,958 $14,656 $15,388 $16,158
Public Works
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Accounting
Manager/
Controller $9,546 $10,023 $10,524 $11,051 $11,603
Library
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Police Records
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Recreation
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Code
Enforcement
Manager $9,546 $10,023 $10,524 $11,051 $11,603
City Clerk $9,546 $10,023 $10,524 $11,051 $11,603

Part-Time Employees
Hourly Rates Effective: 7/1/2022
Step A Step B Step C

Child
Development
Specialist
$23.58 $24.76 $26.00
Pool Manager $23.58 $24.76 $26.00
Professional
Intern $21.26 $22.33 $23.44
Assistant Pool
Manager $20.64 $21.67 $22.76
Maintenance
Assistant $19.89 $20.89 $21.93
Recreation
Specialist $18.78 $19.72 $20.70
Water Safety
Instructor $18.78 $19.72 $20.70
Library
Assistant $18.59 $19.51 $20.49

Library
Monitor $17.72 $18.60 $19.53

Police Cadet $17.48 $18.36 $19.28

Library Clerk $16.24 $17.05 $17.91

Library Page $16.05 $16.85 $17.70

Park
Attendant $16.05 $16.85 $17.70

Recreation
Program
Leader $16.05 $16.85 $17.70

Lifeguard $16.05 $16.85 $17.70

Part-Time Employees
Hourly Rates Effective: 7/1/2023
Step A Step B Step C

Child
Development
Specialist
$24.53 $25.75 $27.04
Pool Manager $24.53 $25.75 $27.04
Professional
Intern $22.11 $23.22 $24.38
Assistant Pool
Manager $21.47 $22.54 $23.67
Maintenance
Assistant $20.69 $21.72 $22.81
Recreation
Specialist $19.53 $20.51 $21.53
Water Safety
Instructor $19.53 $20.51 $21.53
Library
Assistant $19.33 $20.30 $21.31

Library
Monitor $18.43 $19.35 $20.31

Police Cadet $18.18 $19.09 $20.05

Library Clerk $16.89 $17.74 $18.62

Library Page $16.69 $17.53 $18.40

Park
Attendant $16.69 $17.53 $18.40

Recreation
Program
Leader $16.69 $17.53 $18.40

Lifeguard $16.69 $17.53 $18.40

UNREPRESENTED EMPLOYEES

SALARY AND BENEFITS SCHEDULE

PERIOD COVERING
JULY 1, 2022 THROUGH JUNE 30, 2024
SECTION 1. INTRODUCTION
This salary and benefit schedule shall represent the compensation program provided to unrepresented employees of the City of San Marino for the period July 1, 2022 through June 30, 2024. Unrepresented employees include department directors/chiefs, managers, and part-time employees. All full-time unrepresented employees are designated FLSA “exempt.”
SECTION 2. SALARY
A schedule of job classifications together with salary rate ranges is set forth in Exhibit A and attached hereto. Said salary rates shall be effective as indicated.

Notwithstanding the classification’s exempt status, the Fire Division Chief classification shall receive timeand-one-fifth (1.2 times the employee’s regular rate of pay) compensation for administrative duties worked beyond 112.31 hours in a payperiod.

In circumstances where a Department Director assumes responsibility for an additional department, the City Manager is authorized to grant an additional 10%-15% of compensation at the employee’s base salary rate for the duration of the assignment, to be effective after the first two weeks have elapsed per occurrence.

Management employees promoted to their position from within City employment shall receive at least a five percent (5%) salary increase. Management employees appointed from outside City employment shall receive a salary at the level approved by the City Manager.

Management employees shall be eligible for a merit increase within their appropriate salary range following the successful conclusion of their initial probationary period (for those who serve a probationary period), and each twelve (12) months thereafter, following an evaluation of the employee by the City Manager or his/her designee.

Employees with unsatisfactory performance shall not receive a merit increase.

SECTION 3. TUITION REIMBURSEMENT
Full-time employees are eligible for reimbursement for costs incurred during the fiscal year related to pursuing a formal college degree. Costs for books, fees and tuition are eligible for reimbursement. Maximum annual reimbursement is $2,500 per employee. Actual amount may vary based on available funds and the number of members submitting for reimbursement and the total amount requested by applicants. Maximum annual funds available for the program is $5,000. Amount of funds to be dispersed will be established at the end of the fiscal year and will be based on the number of applicants and the total amount requested.

If the total amount requested exceeds $5,000, then the $2,500 maximum per applicant will be reduced for all applicants to an amount which will result in a cumulative maximum of $5,000.

Attachment 3

• Example 1 – Five members apply. One for $2,500 and the others for $1,000 each. The maximum benefit would be reduced to $1,000 for each applicant.
• Example 2 - Three members apply. Two for $2,500 and one for $1,000. The maximum benefit would be reduced to $2,000 for each applicant.

SECTION 4. VEHICLE USE
Employees required to use their own vehicles for City business may be reimbursed for mileage at the rate established by the Internal Revenue Service.

The following positions may be assigned City vehicles, with the approval of the City Manager, for their use due to the unique nature of these positions and their responsibility at any and all times to be called upon to respond to emergency situations:

Police Chief
Police Commander
Fire Chief
Fire Division Chief
Parks and Public Works Director/City Engineer
Public Works Manager
The City will provide all maintenance upkeep, fuels, and insurance on the assigned City vehicle.

Personal use of the assigned City vehicle beyond commuting from home to work and work to home is prohibited, except during those times when the employee is on call. In those cases, the employees personal use is limited to the local area. Any employee issued a City vehicle agrees to hold the City harmless to waive all rights to seek damages for injury to him/herself for personal use of the vehicle. The waiver shall be prepared by the City.

Assignment of a City vehicle may be revoked or modified by the City Council, City Manager, or respective department without recourse by the employee.

SECTION 5. RETIREMENT
Employees eligible for participation in the CalPERS Retirement system shall be subject to the following rules.

Employees not deemed eligible for membership in the CalPERS system shall participate in PARS.

New Members
The Public Employees’ Pension Reform Act of 2013 (PEPRA) defines a “new member” as any of the following:
• A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California public retirement system. • A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system. • A member who first established CalPERS membership prior to January 1, 2013, and who is rehired by a different CalPERS employer after a break in service of greater than six months.

Classic Members
CalPERS refers to all members that do not fit within the definition of a new member as “classic members.”

Fire Managers:

Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:

Tier 1: For Classic Members hired by the City before July 1, 2006, the City has contracted with PERS to provide 3% at 50 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.

Tier 2: For Classic Members hired by the City on or after July 1, 2006 and before January 1, 2013 the City has contracted with PERS to provide 3% at 55 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.

Tier 3: For New Members, as defined by PEPRA, the City previously contracted with PERS to provide 2% at 57 Retirement Benefit with three years of their highest average salary calculated as final compensation. With the adoption of this year’s Firefighters’ Association MOU, the City will pursue execution of a contract amendment with CalPERS to establish a new PEPRA tier at the

2.7% @ 57 formula. Once the new tier is effective, all current Fire PEPRA employees will be transferred from the 2% @ 57 formula to the 2.7% @ 57 formula and all new Fire PEPRA employees will be enrolled in this new tier. The required employee contribution for new members is adjusted periodically by CalPERS.

Police Managers:

Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:

Tier 1: For Classic Members hired by the City before November 18, 2012, the City has contracted with PERS to provide 3% at 50 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.

Tier 2: For Classic Members hired by the City on or after November 18, 2012, the City has contracted with PERS to provide 2% at 55 Retirement Benefit with three years of their highest average salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.

Tier 3: For New Members, as defined by PEPRA, the City has contracted with PERS to provide 2% at 57 Retirement Benefit with three years of their highest average salary calculated as final compensation. The required employee contribution for new members is adjusted periodically by CalPERS.

Miscellaneous (Non-Sworn) Managers:

Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:

Tier 1: For Classic Members hired by the City before July 1, 2012, the City has contracted with PERS to provide 2% at 55 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.

Tier 2: For Classic Members hired by the City after July 1, 2012, the City has contracted with PERS to provide 2% at 60 Retirement Benefit with three years of their highest average salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.

Tier 3: For New Members, as defined by PEPRA, the City has contracted with PERS to provide 2% at 62

Retirement Benefit with three years of their highest average salary calculated as final compensation. The required employee contribution for new members is adjusted periodically by CalPERS.

Participation in Public Agency Retirement Services (PARS) Employees deemed ineligible for participation in the CalPERS Retirement System (typically part-time employees) shall participate in the PARS retirement program, which is a qualified alternative to Social Security. The Plan requires a 7.5% contribution per payperiod, which shall be evenly split between the City and the employee.

Deferred Compensation
Effective July 1, 2022, all non-sworn full-time employees shall be eligible for a dollar-for-dollar matching contribution to the City-sponsored deferred compensation program, up to a maximum City contribution of $100 per month. Effective July 1, 2022, all sworn full-time Police employees assigned to the Tier 3 Retirement formula (also known as “the PEPRA Tier”) shall be eligible for a dollar-for-dollar matching contribution to the City-sponsored deferred compensation program, up to a maximum of $175 per month.

SECTION 6. MEDICAL AND OTHER HEALTH BENEFITS
(a) FLEXIBLE MEDICAL BENEFITS. Effective February 1, 2009 the City of San Marino commenced participation in the Public Employees’ Medical and Hospital Care Act, Government Code Sections 22750 et. seq. The employer contribution for annuitants shall at all times equal employer contribution paid for active employees. Medical benefits shall be under the PERS medical program. (b) OTHER HEALTH BENEFITS. The City shall make available to current full-time employees group dental and vision programs, for as long as employee participation permits such programs to be provided.

Employees may join or remove themselves or their dependents from participation in any program once annually. The City shall notify employees of the join/remove period by providing a notice with payroll at least three (3) weeks prior to the time period.
(c) EMPLOYEE PARTICIPATION. All eligible employees (typically only full-time employees) shall be covered under the PERS medical program, except as provided for herein. The employee may select from the PERS plans which health program is best for the employee's family once annually. Employees may modify their dependent medical coverage under the PERS health plan as permitted by the insurance company. Should the program cost more than the City's contribution provided in this Article, the City shall deduct the additional funds from the employee's paycheck to pay the difference.

If an employee is able to provide proof of coverage under a spouse's or other health insurance plan, the employee need not obtain health insurance under the City's provided PERS medical program. All employees electing not to participate in the City's PERS medical program shall be required to:

1. Submit adequate written proof of medical coverage;

2. Provide the City with no less than thirty (30) days written notice before any such medical coverage is canceled; and

3. Execute a liability and hold harmless release form removing the City from all liability resulting from medical coverage or the lack thereof.

(d) CITY CONTRIBUTION. The City's contribution is established at two-hundred seventy-five dollars ($275.00) per month per annuitant and active eligible employee. This monthly contribution shall only increase as required by the Board of Administration of the Public Employees’ Retirement System or the State Legislature, as set forth in Government Code Section 22892.

The City of San Marino will establish a flexible floating fringe benefit pool (“FFBP”) for currently active employees. This “FFBP” shall not be used by any current annuitants or future annuitants. The purpose of the “FFBP” is to provide current active employees with additional health insurance, life insurance, vision insurance, disability insurance, and dental insurance.

For a two-year term, the City of San Marino commits to fully funding the cost of the insurances noted above for the employee and all eligible dependents, capped at the rates for the Los Angeles County region of medical coverage.

Effective January 1, 2023, the City of San Marino shall contribute the following flat rates per month on behalf of each currently active employee to the “FFBP”:

No Coverage Elected for Medical Insurance: $ 831.94
Employee Only Coverage Elected for Medical Insurance: $ 831.94 Employee +1 Dependent Coverage Elected for Medical Insurance: $1,875.10 Employee + 2 or More Dependents Coverage Elected for Medical Insurance: $2,537.36 Effective January 1, 2024, the City will fully fund the same insurances noted above, recalculating the amounts based on insurance premium increases.

In the event that the “FFBP” fails to cover the actual costs of the additional health insurance, required life insurance, vision insurance, required disability insurance, and dental insurance, the individual employee shall pay the difference. Any “FFBP” amount left unspent on actual insurance costs will be forfeited by the employee, with no option to cash it out, utilize it towards voluntary benefits, etc. (e) LEGACY CASH-OUT PROGRAM. In 2019, the City of San Marino discontinued the practice of permitting the unused amount of the FFBP to be cashed out by current and/or new employees. Only employees who were cashing out at the time of the previous MOU adoption were permitted to continue. That policy continues in this MOU. The employees who continue to have a cash-out amount are now part of this “Legacy Cash Out Program.” Said cash-out shall not be compensable to CalPERS as salary pursuant to California Code of Regulations, Chapter 2, Article 5, Section 572 (2CCR571). As before, all cash-out amounts are capped and shall never increase from the current amounts, but may decrease, as follows.

All Legacy Cash Out participants who elect medical insurance coverage shall have the amount of their cashout reduced on a penny-for-penny basis directly proportional to any increase to their insurance costs. For example, if an employee’s insurance costs increase by $50.75 per month, that employee’s cash-out will reduce by $50.75 per month. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.

For Legacy Cash Out Program employees who waive medical insurance coverage, their cash-out amounts will be reduced by the average percent that the cash-out reduced for Legacy employees who elect medical insurance coverage. For example, if the Legacy employees who elect medical insurance see an overall average reduction of 3.75% in their collective cash-out amount, then Legacy employees who waive medical insurance will see a corresponding 3.75% reduction in their cash-out amounts. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.
(f) RETIREE PARTICIPATION. Retirees, who have retired under a PERS retirement program after a minimum of five (5) years of full-time employment with the City or who have been authorized by the City Manager, shall be eligible to participate in the PERS medical program, the dental program and the vision plan provided by the City for current employees as provided in this Article.

Retirees and their dependents shall be eligible to remain in the PERS medical program for as long as they shall meet the requirements of said program. Retirees shall be eligible to participate in the other health programs provided for herein until they reach the age of sixty-five (65). Retirees may carry dependent coverage under the health programs (other than PERS medical) provided for herein until the dependent reaches the age of sixty-five (65).

Retirees shall be provided $275 per month, to be used for payment toward the medical and health benefits contained herein. If a retiree selects a program(s) in excess of the amount provided by the City, the Retiree shall be responsible for paying the balance due. Should the retiree select a program(s) costing less than the amount provided by the City or elect not to have any coverage, the employee shall have no rights to the balance available.

The City shall increase the contribution available to retirees by the amount required by the PERS medical program.
(g) LONG TERM DISABILITY INSURANCE. The City shall provide a Long Term Disability (LTD) insurance program for affected employees. The cost for said LTD insurance shall be paid by the employee from the monthly City contribution noted earlier in this Section. All affected employees shall be required to participate in the Long Term Disability insurance program.

The Short/Long Term Disability program shall be with a thirty (30) day elimination period up to age 65. (h) LIFE INSURANCE. The City shall provide a life insurance benefit in the amount of fifty thousand dollars ($50,000.00) per employee. The cost for said life insurance shall be paid by the employee from the monthly City contribution.

All affected employees shall be required to participate in the life insurance program. An employee may buy additional life insurance at their own cost.
(i) PART-TIME EMPLOYEE PARTICIPATION. Effective January 1, 2023, part-time employees may elect to participate in all eligible insurance programs at their own cost; there will be no City contribution.

Eligibility determinations are made by the insurance plans themselves, but the City anticipates that dental, vision, life, disability, and supplemental programs will likely be available.

SECTION 7. NON-SWORN WORK SCHEDULES
Effective March 1, 2020, the following work schedule shall take effect for full-time employees unless otherwise modified by the City Manager.

Monday-Thursday 7:00 a.m. to 5:00 p.m.

Friday 7:00 a.m. to 11:00 a.m.

Affected Employees Include:
• City Hall:
o Accounting Manager/Controller
o Assistant to the City Manager/ Community Engagement Manager o City Clerk
o Code Enforcement Manager
o Community Development Director
o Finance Director
o Human Resources Manager and/or Director
• Community Services:
o Community Services Director
o Recreation Manager
• Police:
o Police Records Manager
• Public Works:
o Parks and Public Works Director
o Public Works Manager
Exceptions:
• Library Manager: Monday through Friday 9:00 a.m to 6:00 p.m.

SECTION 8. HOLIDAYS
All full-time employees shall be entitled to the following eleven (11) holidays as days off with pay:

New Year's Day
President's Day
Memorial Day
Fourth of July
Labor Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Full-time exempt employees required by the City Manager to work a holiday may (on an hour-for-hour basis up to a maximum of one full day) credit those working hours to their Holiday Earned accrual account or use the equivalent number of hours within that same payperiod, subject to their supervisor’s approval of the day

off.

SECTION 9. SICK LEAVE
Sick leave shall be used solely for:
• Diagnosis, care or treatment of an existing health condition or preventative care for an employee or an employee’s family member(s). Family member includes parent, child, spouse, registered domestic partner, parent-in-law, sibling, grandchild, or grandparent. • To obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking as described in Labor Code Section 230(c) and 230.1(a).

In the event an employee experiences a catastrophic illness, the employee may be credited donated sick leave hours from other employees’ sick leave accruals upon prior approval of the City Manager. The employee must first exhaust all their sick and vacation leave prior to receiving any sick leave donation.

Catastrophic leave will be approved upon presentation of a “medical certification of a serious health condition.”
Each full-time employee shall accrue five (5) hours of sick leave time at the end of each pay period not to exceed ten (10) hours per month, up to a maximum of two-hundred and forty (240) hours. Upon reaching the maximum accrual allowed, accrued hours received above the maximum shall be placed in a “bank,” only to be used in the event of a catastrophic illness with the approval of the City Manager.

Each part-time employee shall accrue to up three paid sick leave days (24 hours) in a twelve (12) month period as long as they work in excess of thirty (30) days or more within a year of beginning employment. In sum, employees accrue one (1) hour of paid sick leave for every thirty (30) hours worked; however, employees in this category shall not be entitled to use the sick leave until the 90th day of employment.

The City may limit the use of sick leave to twenty-four (24) hours per year.

An employee shall submit a "Leave Request" form to the City Manager no less than twenty-four (24) hours prior to taking sick leave for pre-scheduled medical appointments. An employee who has been absent from work due to illness shall complete a "Leave Request" form on the day he/she returns to work indicating the date, times and nature of illness. Newly-hired full-time employees shall receive sixty (60) hours of sick leave time on the date of initial hire as an advance for accruals, and shall be eligible to begin the monthly accrual provided for herein beginning the first day of the month following completion of six (6) months of employment.

Full-time employees leaving employment with the City for any reason within the first six (6) months of employment, having received an advance for accruals of sick leave time and having used said sick leave time at a rate greater than ten (10) or twelve (12) hours as applicable of sick leave time off for each month of actual employment during the six (6) month period of the advance, shall have the amount of sick leave time off in excess of ten (10) or twelve (12) hours per month deducted from the employee's final payroll on an hour for hour basis at the employee's hourly salary rate at the time of separation.

No portion of this Section shall be deemed to prevent an employee from utilizing other accrued leave time, if available, for the purpose of medical or sick leave.

Full-time management employees may elect to cash out sick leave balances in excess of 160 hours at a rate of .50 on the dollar of their base hourly rate of pay. Employees must maintain a minimum of 160 hours of sick leave in order to be compensated. Accruals will be based on balances during the last pay period of

each fiscal year. Employees shall have no vested rights in the accrued sick leave time upon termination with the City.

SECTION 10. BEREAVEMENT LEAVE
On the death of a member of an employee's immediate family; meaning spouse, natural or adopted child, step-child, grandchild, brother, sister, parent, grandparent, parent-in-law, brother-in-law or sister-inlaw, step-parent, step-brother, step-sister, or other relative living in the same household, the full-time or parttime employee shall be granted bereavement leave as follows:
(a) If the death occurred within a two hundred (200) mile radius of the City of San Marino, the employee shall be granted up to three (3) days bereavement leave, at the number of hours that employee is typically scheduled for on those days.
(b) If the death occurred outside a two hundred (200) mile radius of the City of San Marino, the employee shall be granted up to five (5) days bereavement leave, at the number of hours that employee is typically scheduled for on those days.

Upon request, the City Manager may grant paid bereavement leave in excess of the leave provided herein.

SECTION 11. VACATION LEAVE
All full-time unrepresented employees shall accrue vacation leave in accordance with the following formula:
(a) 7.5 hours for each month during the first (1st) through fifth (5th) year of employment (90.0 hours annually).
(b) 8.0 hours for each month during the sixth (6th) year of employment (96.0 hours annually). (c) 9.0 hours for each month during the seventh (7th) year of employment (108.0 hours annually). (d) 9.5 hours for each month during the eighth (8th) year of employment (114.0 hours annually). (e) 10.0 hours for each month during the ninth (9th) through the nineteenth (14th) year of employment (120.0 hours annually).
(f) 11.5 hours for each month during the fifteenth (15th) through the nineteenth (19th) year of employment (138 hours annually).
(g) 13.5 hours for each month during the twentieth (20th) through the twenty-fifth (25th) year of employment (162.0 hours annually).
(h) 15.0 hours for each month beginning with the twenty-sixth (26th) year of employment (180.0 hours annually).

Vacation leave shall be deemed as having been accrued by the employee only at the end of the pay period in which the employee was in the service of the City. If employment begins prior to the fifteenth (15th)

of the month, vacation leave shall be accrued for that month. If employment begins after the fifteenth (15th) of the month vacation leave shall be accrued beginning with the first (1st) day of the following month. If termination occurs prior to the sixteenth (16th) day of the month no vacation leave shall be accrued for that month.

Accrual at the next highest incremental rate shall begin at the end of the first pay period ending after the employee's anniversary date of original employment with the City, regardless of any promotions or demotions. If the anniversary date is the first (1st) of the month the higher rate shall be credited for that month.

If the anniversary date is the sixteenth (16th) of the month the higher rate shall begin with the first (1st) day of the following month.

Employees shall be eligible to accrue a maximum of two (2) times the annual vacation leave for which the employee is eligible pursuant to this Section. Vacation leave in excess of the maximum accrual shall be compensated on the regular payroll following the month in which the maximum accrual was attained at the hourly rate pay in effect in the month of accrual. Accrual in excess of the maximum permitted herein may be granted by the City Manager if special circumstances so warrant.

SECTION 12. ADMINISTRATIVE LEAVE
All full-time unrepresented employees shall be eligible for administrative leave in recognition of the additional hours required in performance of their duties. Administrative leave shall be taken only upon the approval of the City Manager. Administrative leave shall be accrued at the end of the first pay period beginning after July 1st of each year and shall not be carried beyond the fiscal year in which it is accrued, and remaining administrative leave time shall not be compensated.

Employees may accrue up to eighty 80 hours of administrative leave annually at the discretion of the City Manager. Any unused accrued administrative leave shall be paid out to an employee upon separation from City employment.

SECTION 13. OTHER LEAVES OF ABSENCE
Full-time employees may be eligible for absence without pay for periods of up to thirty (30) days upon approval of the City Manager.

Full-time employees may be eligible for absence with or without pay for a period of not more than one (1) year upon approval of the City Manager and the City Council.

SECTION 14. PROBATION UPON APPOINTMENT
Department director and part-time employees are designated as “at-will.” All other unrepresented employees who are not at-will and are appointed from outside City employment shall be subject to a twelve (12) month probationary period following their appointment to a management position, unless extended or shortened by the City Manager for no more than six months in either direction. An unrepresented not at-will current City employee who is promoted shall serve a six (6) month probationary period, unless extended or shortened by the City Manager for no more than six months in either direction.

SECTION 15. UNIFORMS
Unrepresented employees required to wear a uniform regularly as part of their duties for the City shall

have the uniforms provided by the City, unless otherwise specified below.

The Fire Chief and Fire Division Chief(s) shall be provided the sum of $200 each year for maintenance of regular fire uniforms.

The Police Chief and Police Commanders shall be provided the sum of $1000 each year for maintenance and purchase of police uniforms.

The Public Works Manager, Code Enforcement Manager, and part-time Code Enforcement Officer(s) shall be provided the sum of $300 each year for replacement of work boots.

SECTION 16. SEVERANCE PROVISION FOR AT-WILL DEPARTMENT HEADS In recognition of the fact that Department Heads serve at the will and pleasure of the City Manager (with City Council concurrence), the City Manager shall offer severance pay to any Department Head who is terminated involuntarily or pursuant to a negotiated separation agreement, in an amount not to exceed four months of base salary.

The amount of such severance shall be subject to the following provisions:

1. An employee must have at least 12 months of service as a Department Head with the City.

2. An employee may be eligible for up to four months of base salary based on years of service as a Department Head, as follows:
• 0-12 months - No Severance
• Completion of 12 months - 1 month of severance pay
• Completion of 24 months - 2 months of severance pay
• Completion of 36 months - 3 months of severance pay
• Completion of 48 months - 4 month of severance pay

3. Any severance pay is conditioned on the execution of a full release and waiver as to all employmentrelated issues by the Department Head.

4. This provision shall not apply to any retirement (either service or disability), death, and/or any voluntary resignation by a Department Head.

SECTION 17. ARPA (COVID-19) BONUS
All full-time employees employed by the City on January 3, 2023, shall receive a one-time bonus of $100 for each month employed by the City from March 2020 through June 2022. The total amount received shall not exceed twenty-eight hundred dollars ($2800) in total and will be prorated in general and for partial months.

SECTION 18. APPEARANCE GUIDELINES
The City’s 2020 Business Attire and Grooming Policy (Non-Sworn) has been updated to provide for a casual Friday. All employees are subject to this policy, which is included here as Exhibit B.

EXHIBIT “A”

WAGE BENEFIT SCHEDULE
Executive Managers
Monthly Rates Effective: 7/1/2022
Step A Step B Step C Step D Step E
Fire Chief $14,994 $18,225
Chief of Police $14,994 $18,225
Community
Development
Director
$13,363 $16,244
Finance
Director
$13,363 $16,244
Human
Resources
Director
$13,363 $16,244
Parks & Public
Works Dir./City
Eng.
$13,363 $16,244
Community
Services
Director
$11,711 $14,235
Assistant to the
City Manager
$9,179 $11,157
Human
Resources
Manager
$9,179 $11,157

Executive Managers
Monthly Rates Effective: 7/1/2023
Step A Step B Step C Step D Step E
Fire Chief $15,594 $18,954
Chief of Police $15,594 $18,954
Community
Development
Director
$13,898 $16,893
Finance
Director
$13,898 $16,893
Human
Resources
Director
$13,898 $16,893
Parks & Public
Works Dir./City
Eng.
$13,898 $16,893
Community
Services
Director
$12,180 $14,805
Assistant to the
City Manager
$9,546 $11,603
Human
Resources
Manager
$9,546 $11,603

Managers
Monthly Rates Effective: 7/1/2022
Step A Step B Step C Step D Step E
Police
Commander $12,782 $13,421 $14,092 $14,797 $15,536
Fire Division
Chief $12,782 $13,421 $14,092 $14,797 $15,536
Public Works
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Accounting
Manager/
Controller $9,179 $9,638 $10,120 $10,626 $11,157
Library
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Police Records
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Recreation
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Code
Enforcement
Manager $9,179 $9,638 $10,120 $10,626 $11,157
City Clerk $9,179 $9,638 $10,120 $10,626 $11,157
Managers

Monthly Rates Effective: 7/1/2023
Step A Step B Step C Step D Step E
Police
Commander $13,293 $13,958 $14,656 $15,388 $16,158
Fire Division
Chief $13,293 $13,958 $14,656 $15,388 $16,158
Public Works
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Accounting
Manager/
Controller $9,546 $10,023 $10,524 $11,051 $11,603
Library
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Police Records
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Recreation
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Code
Enforcement
Manager $9,546 $10,023 $10,524 $11,051 $11,603
City Clerk $9,546 $10,023 $10,524 $11,051 $11,603

Part-Time Employees
Hourly Rates Effective: 7/1/2022
Step A Step B Step C
Child
Development
Specialist
$23.58 $24.76 $26.00
Pool Manager $23.58 $24.76 $26.00
Professional
Intern $21.26 $22.33 $23.44
Assistant Pool
Manager $20.64 $21.67 $22.76
Maintenance
Assistant $19.89 $20.89 $21.93
Recreation
Specialist $18.78 $19.72 $20.70
Water Safety
Instructor $18.78 $19.72 $20.70
Library
Assistant $18.59 $19.51 $20.49
Library
Monitor $17.72 $18.60 $19.53
Police Cadet $17.48 $18.36 $19.28
Library Clerk $16.24 $17.05 $17.91
Library Page $16.05 $16.85 $17.70
Park
Attendant $16.05 $16.85 $17.70
Recreation
Program
Leader $16.05 $16.85 $17.70
Lifeguard $16.05 $16.85 $17.70

Part-Time Employees
Hourly Rates Effective: 7/1/2023
Step A Step B Step C
Child
Development
Specialist
$24.53 $25.75 $27.04
Pool Manager $24.53 $25.75 $27.04
Professional
Intern $22.11 $23.22 $24.38
Assistant Pool
Manager $21.47 $22.54 $23.67
Maintenance
Assistant $20.69 $21.72 $22.81
Recreation
Specialist $19.53 $20.51 $21.53
Water Safety
Instructor $19.53 $20.51 $21.53
Library
Assistant $19.33 $20.30 $21.31
Library
Monitor $18.43 $19.35 $20.31
Police Cadet $18.18 $19.09 $20.05
Library Clerk $16.89 $17.74 $18.62
Library Page $16.69 $17.53 $18.40
Park
Attendant $16.69 $17.53 $18.40
Recreation
Program
Leader $16.69 $17.53 $18.40
Lifeguard $16.69 $17.53 $18.40

RESOLUTION NO. R-22-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA, AMENDING
RESOLUTION NO. R-20-03 AND APPROVING A

COMPENSATION PLAN FOR UNREPRESENTED

EMPLOYEES
WHEREAS, Section 02.05.01(A) of the City Code provides that salary and benefits plans for employees are a part of the City’s personnel rules and regulations when approved by resolution of the City Council; and
WHEREAS, Section 02.05.01(D) provides that the City Manager shall prepare salary and benefit schedules for presentation to the City Council; and WHEREAS, the City Council adopted a compensation plan for unrepresented employees on January 31, 2020 via Resolution No. R-20-03; and
WHEREAS, the City desires to amend Resolution No. R-20-03, to approve a compensation plan for unrepresented employees of the City of San Marino effective July 1, 2022 to June 30, 2024.

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

SECTION 1. That the “Unrepresented Employees Salary and Benefit Schedule” for the period covering July 1, 2022 to June 30, 2024, as attached hereto, and made a part hereof shall be adopted as the salary and benefit schedule for unrepresented employees in the City of San Marino.

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

PASSED, APPROVED, AND ADOPTED, at a Regular Meeting of the City Council of the City of San Marino, California, on this 30th day of September, 2022. ______________________________________

SUSAN JAKUBOWSKI, MAYOR

CITY OF SAN MARINO
ATTEST:
__________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO
Attachment 4

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-22-38 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 30th day of September, 2022, and that the same was adopted by the following vote:

AYES: Council Member Huang, Council Member Shepherd Romey, Council Member Ude, Vice Mayor Talt, and Mayor Jakubowski
NOES: None
ABSTAIN: None
ABSENT: None
________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO

UNREPRESENTED EMPLOYEES

SALARY AND BENEFITS SCHEDULE

PERIOD COVERING
JULY 1, 2022 THROUGH JUNE 30, 2024
SECTION 1. INTRODUCTION
This salary and benefit schedule shall represent the compensation program provided to unrepresented employees of the City of San Marino for the period July 1, 2022 through June 30, 2024. Unrepresented employees include department directors/chiefs, managers, and part-time employees. All full-time unrepresented employees are designated FLSA “exempt.”
SECTION 2. SALARY
A schedule of job classifications together with salary rate ranges is set forth in Exhibit A and attached hereto. Said salary rates shall be effective as indicated.

Notwithstanding the classification’s exempt status, the Fire Division Chief classification shall receive timeand-one-fifth (1.2 times the employee’s regular rate of pay) compensation for administrative duties worked beyond 112.31 hours in a payperiod.

In circumstances where a Department Director assumes responsibility for an additional department, the City Manager is authorized to grant an additional 10%-15% of compensation at the employee’s base salary rate for the duration of the assignment, to be effective after the first two weeks have elapsed per occurrence.

Management employees promoted to their position from within City employment shall receive at least a five percent (5%) salary increase. Management employees appointed from outside City employment shall receive a salary at the level approved by the City Manager.

Management employees shall be eligible for a merit increase within their appropriate salary range following the successful conclusion of their initial probationary period (for those who serve a probationary period), and each twelve (12) months thereafter, following an evaluation of the employee by the City Manager or his/her designee.

Employees with unsatisfactory performance shall not receive a merit increase.

SECTION 3. TUITION REIMBURSEMENT
Full-time employees are eligible for reimbursement for costs incurred during the fiscal year related to pursuing a formal college degree. Costs for books, fees and tuition are eligible for reimbursement. Maximum annual reimbursement is $2,500 per employee. Actual amount may vary based on available funds and the number of members submitting for reimbursement and the total amount requested by applicants. Maximum annual funds available for the program is $5,000. Amount of funds to be dispersed will be established at the end of the fiscal year and will be based on the number of applicants and the total amount requested.

If the total amount requested exceeds $5,000, then the $2,500 maximum per applicant will be reduced for all applicants to an amount which will result in a cumulative maximum of $5,000.

 Example 1 – Five members apply. One for $2,500 and the others for $1,000 each. The maximum benefit would be reduced to $1,000 for each applicant.
 Example 2 - Three members apply. Two for $2,500 and one for $1,000. The maximum benefit would be reduced to $2,000 for each applicant.

SECTION 4. VEHICLE USE
Employees required to use their own vehicles for City business may be reimbursed for mileage at the rate established by the Internal Revenue Service.

The following positions may be assigned City vehicles, with the approval of the City Manager, for their use due to the unique nature of these positions and their responsibility at any and all times to be called upon to respond to emergency situations:

Police Chief
Police Commander
Fire Chief
Fire Division Chief
Parks and Public Works Director/City Engineer
Public Works Manager
The City will provide all maintenance upkeep, fuels, and insurance on the assigned City vehicle.

Personal use of the assigned City vehicle beyond commuting from home to work and work to home is prohibited, except during those times when the employee is on call. In those cases, the employees personal use is limited to the local area. Any employee issued a City vehicle agrees to hold the City harmless to waive all rights to seek damages for injury to him/herself for personal use of the vehicle. The waiver shall be prepared by the City.

Assignment of a City vehicle may be revoked or modified by the City Council, City Manager, or respective department without recourse by the employee.

SECTION 5. RETIREMENT
Employees eligible for participation in the CalPERS Retirement system shall be subject to the following rules.

Employees not deemed eligible for membership in the CalPERS system shall participate in PARS.

New Members
The Public Employees’ Pension Reform Act of 2013 (PEPRA) defines a “new member” as any of the following:
• A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California public retirement system. • A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system. • A member who first established CalPERS membership prior to January 1, 2013, and who is rehired by a different CalPERS employer after a break in service of greater than six months.

Classic Members
CalPERS refers to all members that do not fit within the definition of a new member as “classic members.”

Fire Managers:

Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:

Tier 1: For Classic Members hired by the City before July 1, 2006, the City has contracted with PERS to provide 3% at 50 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.

Tier 2: For Classic Members hired by the City on or after July 1, 2006 and before January 1, 2013 the City has contracted with PERS to provide 3% at 55 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.

Tier 3: For New Members, as defined by PEPRA, the City previously contracted with PERS to provide 2% at 57 Retirement Benefit with three years of their highest average salary calculated as final compensation. With the adoption of this year’s Firefighters’ Association MOU, the City will pursue execution of a contract amendment with CalPERS to increase Fire’s PEPRA tier to 2.7% @ 57 from 2% @ 57. The required employee contribution for new members is adjusted periodically by CalPERS.

Police Managers:

Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:

Tier 1: For Classic Members hired by the City before November 18, 2012, the City has contracted with PERS to provide 3% at 50 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.

Tier 2: For Classic Members hired by the City on or after November 18, 2012, the City has contracted with PERS to provide 2% at 55 Retirement Benefit with three years of their highest average salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.

Tier 3: For New Members, as defined by PEPRA, the City has contracted with PERS to provide 2% at 57 Retirement Benefit with three years of their highest average salary calculated as final compensation. The required employee contribution for new members is adjusted periodically by CalPERS.

Miscellaneous (Non-Sworn) Managers:

Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:

Tier 1: For Classic Members hired by the City before July 1, 2012, the City has contracted with PERS to provide 2% at 55 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.

Tier 2: For Classic Members hired by the City after July 1, 2012, the City has contracted with PERS to provide 2% at 60 Retirement Benefit with three years of their highest average salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.

Tier 3: For New Members, as defined by PEPRA, the City has contracted with PERS to provide 2% at 62 Retirement Benefit with three years of their highest average salary calculated as final compensation. The required employee contribution for new members is adjusted periodically by

CalPERS.

Participation in Public Agency Retirement Services (PARS) Employees deemed ineligible for participation in the CalPERS Retirement System (typically part-time employees) shall participate in the PARS retirement program, which is a qualified alternative to Social Security. The Plan requires a 7.5% contribution per payperiod, which shall be evenly split between the City and the employee.

Deferred Compensation
Effective July 1, 2022, all non-sworn full-time employees shall be eligible for a dollar-for-dollar matching contribution to the City-sponsored deferred compensation program, up to a maximum City contribution of $100 per month. Effective July 1, 2022, all sworn full-time Police employees assigned to the Tier 3 Retirement formula (also known as “the PEPRA Tier”) shall be eligible for a dollar-for-dollar matching contribution to the City-sponsored deferred compensation program, up to a maximum of $175 per month.

SECTION 6. MEDICAL AND OTHER HEALTH BENEFITS
(a) FLEXIBLE MEDICAL BENEFITS. Effective February 1, 2009 the City of San Marino commenced participation in the Public Employees’ Medical and Hospital Care Act, Government Code Sections 22750 et. seq. The employer contribution for annuitants shall at all times equal employer contribution paid for active employees. Medical benefits shall be under the PERS medical program. (b) OTHER HEALTH BENEFITS. The City shall make available to current full-time employees group dental and vision programs, for as long as employee participation permits such programs to be provided.

Employees may join or remove themselves or their dependents from participation in any program once annually. The City shall notify employees of the join/remove period by providing a notice with payroll at least three (3) weeks prior to the time period.
(c) EMPLOYEE PARTICIPATION. All eligible employees (typically only full-time employees) shall be covered under the PERS medical program, except as provided for herein. The employee may select from the PERS plans which health program is best for the employee's family once annually. Employees may modify their dependent medical coverage under the PERS health plan as permitted by the insurance company. Should the program cost more than the City's contribution provided in this Article, the City shall deduct the additional funds from the employee's paycheck to pay the difference.

If an employee is able to provide proof of coverage under a spouse's or other health insurance plan, the employee need not obtain health insurance under the City's provided PERS medical program. All employees electing not to participate in the City's PERS medical program shall be required to:

1. Submit adequate written proof of medical coverage;

2. Provide the City with no less than thirty (30) days written notice before any such medical coverage is canceled; and

3. Execute a liability and hold harmless release form removing the City from all liability resulting from medical coverage or the lack thereof.
(d) CITY CONTRIBUTION. The City's contribution is established at two-hundred seventy-five dollars ($275.00) per month per annuitant and active eligible employee. This monthly contribution shall only increase

as required by the Board of Administration of the Public Employees’ Retirement System or the State Legislature, as set forth in Government Code Section 22892.

The City of San Marino will establish a flexible floating fringe benefit pool (“FFBP”) for currently active employees. This “FFBP” shall not be used by any current annuitants or future annuitants. The purpose of the “FFBP” is to provide current active employees with additional health insurance, life insurance, vision insurance, disability insurance, and dental insurance.

For a two-year term, the City of San Marino commits to fully funding the cost of the insurances noted above for the employee and all eligible dependents, capped at the rates for the Los Angeles County region of medical coverage.

Effective January 1, 2023, the City of San Marino shall contribute the following flat rates per month on behalf of each currently active employee to the “FFBP”:

No Coverage Elected for Medical Insurance: $ 831.94
Employee Only Coverage Elected for Medical Insurance: $ 831.94 Employee +1 Dependent Coverage Elected for Medical Insurance: $1,875.10 Employee + 2 or More Dependents Coverage Elected for Medical Insurance: $2,537.36 Effective January 1, 2024, the City will fully fund the same insurances noted above, recalculating the amounts based on insurance premium increases.

In the event that the “FFBP” fails to cover the actual costs of the additional health insurance, required life insurance, vision insurance, required disability insurance, and dental insurance, the individual employee shall pay the difference. Any “FFBP” amount left unspent on actual insurance costs will be forfeited by the employee, with no option to cash it out, utilize it towards voluntary benefits, etc. (e) LEGACY CASH-OUT PROGRAM. In 2019, the City of San Marino discontinued the practice of permitting the unused amount of the FFBP to be cashed out by current and/or new employees. Only employees who were cashing out at the time of the previous MOU adoption were permitted to continue. That policy continues in this MOU. The employees who continue to have a cash-out amount are now part of this “Legacy Cash Out Program.” Said cash-out shall not be compensable to CalPERS as salary pursuant to California Code of Regulations, Chapter 2, Article 5, Section 572 (2CCR571). As before, all cash-out amounts are capped and shall never increase from the current amounts, but may decrease, as follows.

All Legacy Cash Out participants who elect medical insurance coverage shall have the amount of their cashout reduced on a penny-for-penny basis directly proportional to any increase to their insurance costs. For example, if an employee’s insurance costs increase by $50.75 per month, that employee’s cash-out will reduce by $50.75 per month. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.

For Legacy Cash Out Program employees who waive medical insurance coverage, their cash-out amounts will be reduced by the average percent that the cash-out reduced for Legacy employees who elect medical insurance coverage. For example, if the Legacy employees who elect medical insurance see an overall average reduction of 3.75% in their collective cash-out amount, then Legacy employees who waive medical insurance will see a corresponding 3.75% reduction in their cash-out amounts. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.
(f) RETIREE PARTICIPATION. Retirees, who have retired under a PERS retirement program after a minimum of five (5) years of full-time employment with the City or who have been authorized by the City Manager, shall be eligible to participate in the PERS medical program, the dental program and the vision plan provided by the City for current employees as provided in this Article.

Retirees and their dependents shall be eligible to remain in the PERS medical program for as long as they shall meet the requirements of said program. Retirees shall be eligible to participate in the other health programs provided for herein until they reach the age of sixty-five (65). Retirees may carry dependent coverage under the health programs (other than PERS medical) provided for herein until the dependent reaches the age of sixty-five (65).

Retirees shall be provided $275 per month, to be used for payment toward the medical and health benefits contained herein. If a retiree selects a program(s) in excess of the amount provided by the City, the Retiree shall be responsible for paying the balance due. Should the retiree select a program(s) costing less than the amount provided by the City or elect not to have any coverage, the employee shall have no rights to the balance available.

The City shall increase the contribution available to retirees by the amount required by the PERS medical program.
(g) LONG TERM DISABILITY INSURANCE. The City shall provide a Long Term Disability (LTD) insurance program for affected employees. The cost for said LTD insurance shall be paid by the employee from the monthly City contribution noted earlier in this Section.All affected employees shall be required to participate in the Long Term Disability insurance program.

The Short/Long Term Disability program shall be with a thirty (30) day elimination period up to age 65. (h) LIFE INSURANCE. The City shall provide a life insurance benefit in the amount of fifty thousand dollars ($50,000.00) per employee. The cost for said life insurance shall be paid by the employee from the monthly City contribution.

All affected employees shall be required to participate in the life insurance program. An employee may buy additional life insurance at their own cost.
(i) PART-TIME EMPLOYEE PARTICIPATION. Effective January 1, 2023, part-time employees may elect to participate in all eligible insurance programs at their own cost; there will be no City contribution.

Eligibility determinations are made by the insurance plans themselves, but the City anticipates that dental, vision, life, disability, and supplemental programs will likely be available.

SECTION 7. NON-SWORN WORK SCHEDULES
Effective March 1, 2020, the following work schedule shall take effect for full-time employees:

Monday-Thursday 7:00 a.m. to 5:00 p.m.

Friday 7:00 a.m. to 11:00 a.m.

Affected Employees Include:
 City Hall:
o Accounting Manager/Controller
o Assistant to the City Manager/ Community Engagement Manager o City Clerk
o Code Enforcement Manager
o Community Development Director
o Finance Director
o Human Resources Manager and/or Director
 Community Services:
o Community Services Director
o Recreation Manager
 Police:
o Police Records Manager
 Public Works:
o Parks and Public Works Director
o Public Works Manager
Exceptions:
 Library Manager: Monday through Friday 9:00 a.m to 6:00 p.m.

SECTION 8. HOLIDAYS
All full-time employees shall be entitled to the following eleven (11) holidays as days off with pay:

New Year's Day
President's Day
Memorial Day
Fourth of July
Labor Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Full-time exempt employees required by the City Manager to work a holiday may (on an hour-for-hour basis up to a maximum of one full day) credit those working hours to their Holiday Earned accrual account or use the equivalent number of hours within that same payperiod, subject to their supervisor’s approval of the day off.

SECTION 9. SICK LEAVE
Sick leave shall be used solely for:
 Diagnosis, care or treatment of an existing health condition or preventative care for an employee or an employee’s family member(s). Family member includes parent, child, spouse, registered domestic partner, parent-in-law, sibling, grandchild, or grandparent.  To obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking as described in Labor Code Section 230(c) and 230.1(a).

In the event an employee experiences a catastrophic illness, the employee may be credited donated sick leave hours from other employees’ sick leave accruals upon prior approval of the City Manager. The employee must first exhaust all their sick and vacation leave prior to receiving any sick leave donation.

Catastrophic leave will be approved upon presentation of a “medical certification of a serious health condition.”
Each full-time employee shall accrue five (5) hours of sick leave time at the end of each pay period not to exceed ten (10) hours per month, up to a maximum of two-hundred and forty (240) hours. Upon reaching the maximum accrual allowed, accrued hours received above the maximum shall be placed in a “bank,” only to be used in the event of a catastrophic illness with the approval of the City Manager.

Each part-time employee shall accrue to up three paid sick leave days (24 hours) in a twelve (12) month period as long as they work in excess of thirty (30) days or more within a year of beginning employment. In sum, employees accrue one (1) hour of paid sick leave for every thirty (30) hours worked; however, employees in this category shall not be entitled to use the sick leave until the 90th day of employment.

The City may limit the use of sick leave to twenty-four (24) hours per year.

An employee shall submit a "Leave Request" form to the City Manager no less than twenty-four (24) hours prior to taking sick leave for pre-scheduled medical appointments. An employee who has been absent from work due to illness shall complete a "Leave Request" form on the day he/she returns to work indicating the date, times and nature of illness. Newly-hired full-time employees shall receive sixty (60) hours of sick leave time on the date of initial hire as an advance for accruals, and shall be eligible to begin the monthly accrual provided for herein beginning the first day of the month following completion of six (6) months of employment.

Full-time employees leaving employment with the City for any reason within the first six (6) months of employment, having received an advance for accruals of sick leave time and having used said sick leave time at a rate greater than ten (10) or twelve (12) hours as applicable of sick leave time off for each month of actual employment during the six (6) month period of the advance, shall have the amount of sick leave time off in excess of ten (10) or twelve (12) hours per month deducted from the employee's final payroll on an hour for hour basis at the employee's hourly salary rate at the time of separation.

No portion of this Section shall be deemed to prevent an employee from utilizing other accrued leave time, if available, for the purpose of medical or sick leave.

Full-time management employees may elect to cash out sick leave balances in excess of 160 hours at a rate of .50 on the dollar of their base hourly rate of pay. Employees must maintain a minimum of 160 hours of sick leave in order to be compensated. Accruals will be based on balances during the last pay period of each fiscal year. Employees shall have no vested rights in the accrued sick leave time upon termination with

the City.

SECTION 10. BEREAVEMENT LEAVE
On the death of a member of an employee's immediate family; meaning spouse, natural or adopted child, step-child, grandchild, brother, sister, parent, grandparent, parent-in-law, brother-in-law or sister-inlaw, step-parent, step-brother, step-sister, or other relative living in the same household, the full-time or parttime employee shall be granted bereavement leave as follows:
(a) If the death occurred within a two hundred (200) mile radius of the City of San Marino, the employee shall be granted up to three (3) days bereavement leave, at the number of hours that employee is typically scheduled for on those days.
(b) If the death occurred outside a two hundred (200) mile radius of the City of San Marino, the employee shall be granted up to five (5) days bereavement leave, at the number of hours that employee is typically scheduled for on those days.

Upon request, the City Manager may grant paid bereavement leave in excess of the leave provided herein.

SECTION 11. VACATION LEAVE
All full-time unrepresented employees shall accrue vacation leave in accordance with the following formula:
(a) 7.5 hours for each month during the first (1st) through fifth (5th) year of employment (90.0 hours annually).
(b) 8.0 hours for each month during the sixth (6th) year of employment (96.0 hours annually). (c) 9.0 hours for each month during the seventh (7th) year of employment (108.0 hours annually). (d) 9.5 hours for each month during the eighth (8th) year of employment (114.0 hours annually). (e) 10.0 hours for each month during the ninth (9th) through the nineteenth (14th) year of employment (120.0 hours annually).
(f) 11.5 hours for each month during the fifteenth (15th) through the nineteenth (19th) year of employment (138 hours annually).
(g) 13.5 hours for each month during the twentieth (20th) through the twenty-fifth (25th) year of employment (162.0 hours annually).
(h) 15.0 hours for each month beginning with the twenty-sixth (26th) year of employment (180.0 hours annually).

Vacation leave shall be deemed as having been accrued by the employee only at the end of the pay period in which the employee was in the service of the City. If employment begins prior to the fifteenth (15th) of the month, vacation leave shall be accrued for that month. If employment begins after the fifteenth (15th)

of the month vacation leave shall be accrued beginning with the first (1st) day of the following month. If termination occurs prior to the sixteenth (16th) day of the month no vacation leave shall be accrued for that month.

Accrual at the next highest incremental rate shall begin at the end of the first pay period ending after the employee's anniversary date of original employment with the City, regardless of any promotions or demotions. If the anniversary date is the first (1st) of the month the higher rate shall be credited for that month.

If the anniversary date is the sixteenth (16th) of the month the higher rate shall begin with the first (1st) day of the following month.

Employees shall be eligible to accrue a maximum of two (2) times the annual vacation leave for which the employee is eligible pursuant to this Section. Vacation leave in excess of the maximum accrual shall be compensated on the regular payroll following the month in which the maximum accrual was attained at the hourly rate pay in effect in the month of accrual. Accrual in excess of the maximum permitted herein may be granted by the City Manager if special circumstances so warrant.

SECTION 12. ADMINISTRATIVE LEAVE
All full-time unrepresented employees shall be eligible for administrative leave in recognition of the additional hours required in performance of their duties. Administrative leave shall be taken only upon the approval of the City Manager. Administrative leave shall be accrued at the end of the first pay period beginning after July 1st of each year and shall not be carried beyond the fiscal year in which it is accrued, and remaining administrative leave time shall not be compensated.

Employees may accrue up to eighty 80 hours of administrative leave annually at the discretion of the City Manager. Any unused accrued administrative leave shall be paid out to an employee upon separation from City employment.

SECTION 13. OTHER LEAVES OF ABSENCE
Full-time employees may be eligible for absence without pay for periods of up to thirty (30) days upon approval of the City Manager.

Full-time employees may be eligible for absence with or without pay for a period of not more than one (1) year upon approval of the City Manager and the City Council.

SECTION 14. PROBATION UPON APPOINTMENT
Department director and part-time employees are designated as “at-will.” All other unrepresented employees who are not at-will and are appointed from outside City employment shall be subject to a twelve (12) month probationary period following their appointment to a management position, unless extended or shortened by the City Manager for no more than six months in either direction. An unrepresented not at-will current City employee who is promoted shall serve a six (6) month probationary period, unless extended or shortened by the City Manager for no more than six months in either direction.

SECTION 15. UNIFORMS
Unrepresented employees required to wear a uniform regularly as part of their duties for the City shall have the uniforms provided by the City, unless otherwise specified below.

The Fire Chief and Fire Division Chief(s) shall be provided the sum of $200 each year for maintenance of regular fire uniforms.

The Police Chief and Police Commanders shall be provided the sum of $1000 each year for maintenance and purchase of police uniforms.

The Public Works Manager, Code Enforcement Manager, and part-time Code Enforcement Officer(s) shall be provided the sum of $300 each year for replacement of work boots.

SECTION 16. SEVERANCE PROVISION FOR AT-WILL DEPARTMENT HEADS In recognition of the fact that Department Heads serve at the will and pleasure of the City Manager (with City Council concurrence), the City Manager shall offer severance pay to any Department Head who is terminated involuntarily or pursuant to a negotiated separation agreement, in an amount not to exceed four months of base salary.

The amount of such severance shall be subject to the following provisions:

1. An employee must have at least 12 months of service as a Department Head with the City.

2. An employee may be eligible for up to four months of base salary based on years of service as a Department Head, as follows:
 0-12 months - No Severance
 Completion of 12 months - 1 month of severance pay
 Completion of 24 months - 2 months of severance pay
 Completion of 36 months - 3 months of severance pay
 Completion of 48 months - 4 month of severance pay

3. Any severance pay is conditioned on the execution of a full release and waiver as to all employmentrelated issues by the Department Head.

4. This provision shall not apply to any retirement (either service or disability), death, and/or any voluntary resignation by a Department Head.

SECTION 17. ARPA (COVID-19) BONUS
All full-time employees employed by the City on January 3, 2023, shall receive a one-time bonus of $100 for each month employed by the City from March 2020 through June 2022. The total amount received shall not exceed twenty-eight hundred dollars ($2800) in total and will be prorated in general and for partial months.

SECTION 18. APPEARANCE GUIDELINES
The City’s 2020 Business Attire and Grooming Policy (Non-Sworn) has been updated to provide for a casual Friday. All employees are subject to this policy, which is included here as Exhibit B.

EXHIBIT “A”

WAGE BENEFIT SCHEDULE
Executive Managers
Monthly Rates Effective: 7/1/2022
Step A Step B Step C Step D Step E
Fire Chief $14,994 $18,225
Chief of Police $14,994 $18,225
Community
Development
Director
$13,363 $16,244
Finance
Director
$13,363 $16,244
Human
Resources
Director
$13,363 $16,244
Parks & Public
Works Dir./City
Eng.
$13,363 $16,244
Community
Services
Director
$11,711 $14,235
Assistant to the
City Manager
$9,179 $11,157
Human
Resources
Manager
$9,179 $11,157

Executive Managers
Monthly Rates Effective: 7/1/2023
Step A Step B Step C Step D Step E
Fire Chief $15,594 $18,954
Chief of Police $15,594 $18,954
Community
Development
Director
$13,898 $16,893
Finance
Director
$13,898 $16,893
Human
Resources
Director
$13,898 $16,893
Parks & Public
Works Dir./City
Eng.
$13,898 $16,893
Community
Services
Director
$12,180 $14,805
Assistant to the
City Manager
$9,546 $11,603
Human
Resources
Manager
$9,546 $11,603

Managers
Monthly Rates Effective: 7/1/2022
Step A Step B Step C Step D Step E
Police
Commander $12,782 $13,421 $14,092 $14,797 $15,536
Fire Division
Chief $12,782 $13,421 $14,092 $14,797 $15,536
Public Works
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Accounting
Manager/
Controller $9,179 $9,638 $10,120 $10,626 $11,157
Library
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Police Records
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Recreation
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Code
Enforcement
Manager $9,179 $9,638 $10,120 $10,626 $11,157
City Clerk $9,179 $9,638 $10,120 $10,626 $11,157

Managers
Monthly Rates Effective: 7/1/2023
Step A Step B Step C Step D Step E
Police
Commander $13,293 $13,958 $14,656 $15,388 $16,158
Fire Division
Chief $13,293 $13,958 $14,656 $15,388 $16,158
Public Works
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Accounting
Manager/
Controller $9,546 $10,023 $10,524 $11,051 $11,603
Library
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Police Records
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Recreation
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Code
Enforcement
Manager $9,546 $10,023 $10,524 $11,051 $11,603
City Clerk $9,546 $10,023 $10,524 $11,051 $11,603

Part-Time Employees
Hourly Rates Effective: 7/1/2022
Step A Step B Step C
Child
Development
Specialist
$23.58 $24.76 $26.00
Pool Manager $23.58 $24.76 $26.00
Professional
Intern $21.26 $22.33 $23.44
Assistant Pool
Manager $20.64 $21.67 $22.76
Maintenance
Assistant $19.89 $20.89 $21.93
Recreation
Specialist $18.78 $19.72 $20.70
Water Safety
Instructor $18.78 $19.72 $20.70
Library
Assistant $18.59 $19.51 $20.49
Library
Monitor $17.72 $18.60 $19.53
Police Cadet $17.48 $18.36 $19.28
Library Clerk $16.24 $17.05 $17.91
Library Page $16.05 $16.85 $17.70
Park
Attendant $16.05 $16.85 $17.70
Recreation
Program
Leader $16.05 $16.85 $17.70
Lifeguard $16.05 $16.85 $17.70

Part-Time Employees
Hourly Rates Effective: 7/1/2023
Step A Step B Step C
Child
Development
Specialist
$24.53 $25.75 $27.04
Pool Manager $24.53 $25.75 $27.04
Professional
Intern $22.11 $23.22 $24.38
Assistant Pool
Manager $21.47 $22.54 $23.67
Maintenance
Assistant $20.69 $21.72 $22.81
Recreation
Specialist $19.53 $20.51 $21.53
Water Safety
Instructor $19.53 $20.51 $21.53
Library
Assistant $19.33 $20.30 $21.31
Library
Monitor $18.43 $19.35 $20.31
Police Cadet $18.18 $19.09 $20.05
Library Clerk $16.89 $17.74 $18.62
Library Page $16.69 $17.53 $18.40
Park
Attendant $16.69 $17.53 $18.40
Recreation
Program
Leader $16.69 $17.53 $18.40
Lifeguard $16.69 $17.53 $18.40

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Fiscally Responsible and Transparent City Government

BACKGROUND
Section 02.02.03 of the San Marino Municipal Code establishes the date and time of City Council meetings as follows:
“Regular meetings of the city council shall be held on the second Wednesday of each month beginning at the hour of six o'clock (6:00) P.M. Meetings shall be held at the city hall, 2200 Huntington Drive. … The council may select a different location or time for the purpose of holding any meeting upon a majority vote of its members.” The issuance of orders by the Governor, the County Health Officer, and the City Council’s Declaration of Emergency regarding the COVID-19 Pandemic in 2020 led the City Council to adopt Resolution No. R-20-25 on October 14, 2020 establishing the City Council meeting location at the San Marino Center, 1800 Huntington Drive. The location change was made because the Council Chamber at City Hall is smaller than the large meeting room at the San Marino Center, which constrained the City’s ability to hold Council meetings at City Hall in a manner that would have allowed the public to attend the meetings in person and comply with physical distancing requirements. During this time, San Marino’s advisory bodies held their meetings solely via teleconference.

At the July 29, 2022 City Council meeting, Council awarded contracts for the renovation of the San Marino Center which required a new location for City Council meetings. At this time, the advisory bodies were also ready to move to in person meetings with a teleconference option. At the September 2, 2022 City Council meeting, Council adopted Resolution No. R-22-34 (Attachment 1) rescinding Resolution No. R-20-25 and changing the meeting location for City TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Christina Baker, City Clerk
DATE: October 28, 2022
SUBJECT: ADOPTION OF RESOLUTION NO. R-22-42 RESCINDING
RESOLUTION NO. R-22-34 AND CHANGING THE LOCATION OF

CITY COUNCIL AND ADVISORY BODY MEETINGS
Susan Jakubowski Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Council meetings and advisory body meetings to the Barth Room at the Crowell Public Library.

The Barth Room was selected for the meeting location based on mayoral preference, and due staff being able to quickly bring in the technological equipment required to hold hybrid meetings.

Staff had requested meetings be held at only one location due to the technological restraints.

DISCUSSION
At the September 14, 2022 City Council meeting, there was a significant number of people in attendance which negatively impacted the operation of the audio visual (A/V) equipment in the Barth Room.

Since the adoption of Resolution No. R-22-34 staff has updated the A/V equipment in Council Chambers to enable the hosting of hybrid meetings.

Staff anticipates the attendance at both the November and December Council meetings to be larger than usual because of the General Municipal Election and with the seating of new Council Members.

Due to the A/V issues in the Barth Room caused by a large audience, and the successful update to the A/V equipment in the Council Chambers, staff recommends changing the meeting location for Wednesday City Council meetings back to Council Chambers in City Hall (as consistent with the municipal code), and changing the advisory body meeting locations to those adopted by Resolution No. R-22-10 (Attachment 2).

Resolution No. R-22-42 (Attachment 3) would rescind Resolution No. R-22-34 making the changes referenced above.

FISCAL IMPACT & PROCUREMENT REVIEW
None.

LEGAL REVIEW
The City Attorney has reviewed and approved the staff report as to legal form.

RECOMMENDATION
Staff recommends that the Council adopt Resolution No. R-22-42 rescinding Resolution No. R22-34 and changing the meeting location for City Council and advisory body meetings. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Resolution No. R-22-42, a Resolution of the City Council of the City of San Marino, California, Rescinding Resolution No. R-22-34 and Changing the Location of City Council and Advisory Body Meetings.”

ATTACHMENTS

1. Resolution No. R-22-34

2. Resolution No. R-22-10

3. Resolution No. R-22-42

RESOLUTION NO. R-22-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA, RESCINDING
RESOLUTION NO. R-20-25 AND CHANGING THE

LOCATION OF CITY COUNCIL AND ADVISORY BODY

MEETINGS
WHEREAS, Section 02.02.03 of the San Marino Municipal Code establishes the date and time and location of regular City Council meetings City Hall, 2200 Huntington Drive; WHEREAS, Section 02.02.03 of the San Marino Municipal Code further provides that:
“The council may select a different location or time for the purpose of holding any meeting upon a majority vote of its members;”
WHEREAS, the San Marino Municipal Code further provides that advisory body meeting locations are established by City Council resolution; and WHEREAS, the issuance of orders by the Governor, the County Health Officer, and the City Council’s Declaration of Emergency regarding the COVID-19 Pandemic in 2020 led the City Council to adopt Resolution No. R-20-25 on October 14, 2020 establishing the City Council meeting location at the San Marino Center, 1800 Huntington Drive, until said resolution is rescinded;
WHEREAS, advisory bodies have been holding meetings via teleconference since the beginning of the COVID-19 pandemic; and
WHEREAS, the San Marino Center will begin renovations in September 2022 making the location not suitable for meetings, and advisory body meetings will once again be held in person.

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

SECTION 1. Resolution No. R-20-25 is rescinded.

SECTION 2. Following the date of adoption of this Resolution, all regular meetings of the San Marino City Council and the San Marino advisory bodies are to be held in the Barth Room at the Crowell Public Library, 1890 Huntington Drive at their normally scheduled meeting times.

SECTION 3. This Resolution shall continue in effect until it is rescinded by action of the San Marino City Council.

PASSED, APPROVED AND ADOPTED, at a Special Meeting of the City Council of the City of San Marino, California, on this 1st day of September, 2022.

_____________________________

SUSAN JAKUBOWSKI, MAYOR

CITY OF SAN MARINO
ATTEST:
_______________________________

CHRISTINA BAKER

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SAN MARINO )
I, Christina Baker, City Clerk of the City of the City of San Marino, California, hereby certify that Resolution No. R-22-34 was adopted by the City Council of the City of San Marino at a Special Meeting held on the 1st day of September, 2022, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________

CHRISTINA BAKER

CITY CLERK

RESOLUTION NO. R-22-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA, RESCINDING
RESOLUTION NO. R-22-34 AND CHANGING THE

LOCATION OF CITY COUNCIL AND ADVISORY BODY

MEETINGS
WHEREAS, Section 02.02.03 of the San Marino Municipal Code establishes the date and time and location of regular City Council meetings City Hall, 2200 Huntington Drive; WHEREAS, Section 02.02.03 of the San Marino Municipal Code further provides that:
“The council may select a different location or time for the purpose of holding any meeting upon a majority vote of its members;”
WHEREAS, the San Marino Municipal Code further provides that advisory body meeting locations are established by City Council resolution; and WHEREAS, the issuance of orders by the Governor, the County Health Officer, and the City Council’s Declaration of Emergency regarding the COVID-19 Pandemic in 2020 led the City Council to adopt Resolution No. R-20-25 on October 14, 2020 establishing the City Council meeting location at the San Marino Center, 1800 Huntington Drive, until said resolution is rescinded;
WHEREAS, advisory bodies have been holding meetings via teleconference since the beginning of the COVID-19 pandemic; and
WHEREAS, the San Marino Center renovations which began in September 2022 led the City Council to adopt Resolution No. R-22-34 on September 2, 2022 establishing the City Council and advisory body meetings location at the Barth Room in Crowell Public Library, 1890 Huntington Drive, until said resolution is rescinded;

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

SECTION 1. Resolution No. R-22-34 is rescinded.

SECTION 2. Following the date of adoption of this Resolution, all regular meetings of the San Marino City Council and the San Marino advisory bodies are to be held in accordance with the San Marino Municipal Code.

PASSED, APPROVED AND ADOPTED, at an Adjourned Regular Meeting of the City Council of the City of San Marino, California, on this 28th day of October, 2022. _____________________________

SUSAN JAKUBOWSKI, MAYOR

CITY OF SAN MARINO

ATTEST:
_______________________________

CHRISTINA BAKER

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SAN MARINO )
I, Christina Baker, City Clerk of the City of the City of San Marino, California, hereby certify that Resolution No. R-22-42 was adopted by the City Council of the City of San Marino at a Special Meeting held on the 28th day of October, 2022, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________

CHRISTINA BAKER

CITY CLERK

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Well-Maintained Infrastructure
• Beautiful, Preserved, Single-Family Neighborhoods

BACKGROUND
As part of the current City Council-approved Street Tree Policy, the Parks & Public Works Department is required to submit a list of recommended trees to be removed to the City Council tree liaisons for review and comment prior to Council consideration. Council Member Shepherd Romey is the primary liaison and Council Member Huang is the alternate.

Pursuant to Section 7.1 of the City’s street tree policy, the City Council’s approval is required “…prior to the removal of any street tree with a Diameter at Breast Height (DBH) greater than 4-inches (Heritage and Oak trees) or 6-inches (established trees) unless the tree removal is part of a City Council-approved capital improvement project.”

DISCUSSION
The Department has prepared a listing of 11 City-owned trees that are being considered for removal pursuant to Section 7.2 of the City’s current Street Tree Policy. Section 7.2 of this policy provides the following as justifications for tree removal:
• The tree is dead.

TO: Mayor and City Council
FROM: M. D. Rueda, Acting City Manager
BY: Robert Newman, PE, Interim Director of Parks and Public Works/City Engineer Lora Hall, Urban Forester
DATE: October 28, 2022
SUBJECT: APPROVAL OF THE FALL 2022 PUBLIC TREE REMOVAL LIST Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

• The tree has reached an over-mature condition and is in declining health that will result in its death within the year.
• The tree is infected with a disease that cannot be treated successfully and/or there is a strong potential that the pathogen could spread to other trees in the immediate vicinity. • The tree has been determined to be a public health and safety hazard because of its high potential for failure due to considerable dead or dying foliage, branches, roots, or trunk. • The tree requires extensive root pruning because of excessive hardscape damage resulting in the severe reduction in its capacity to support itself and thereby creates a potential safety hazard.
• The tree due to its growth habit and location creates a safety hazard. • Removal of the tree has been approved as part of a City Council-approved capital improvement project.

The City’s Urban Forester identified the trees proposed for removal as meeting one or more of these criteria. The lists are provided as attachments to this report. The Department will be scheduling replacements based on availability and season if tree removal is approved.

On October 12, 2022 the Department provided both the primary and alternate liaisons with a list of 11 City-owned trees recommended for removal along with photos and reports compiled by the Urban Forester for each of the trees. The Department expects the liaisons to provide their observations and comments regarding the proposed removal list at tonight’s meeting.

FISCAL IMPACT & PROCUREMENT REVIEW
The cost for tree removals is included in the Fiscal Year 22-23 budget of $364,845 for Grounds Division – Other Contract Services Acct. No. 101-52-4150-0000.

Procurement review is not applicable.

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

RECOMMENDATION
Staff recommends the City Council approve the proposed tree removal list, and authorize staff to properly remove the trees on the list, following a 10 day notice to the adjacent residents. If the City Council concurs with staff’s recommendation, an appropriate motion would be:

“I move to approve the Fall 2022 recommended tree removal list and authorize the Director of Parks and Public Works to move forward to properly remove the trees on the list.”

ATTACHMENTS

1. Memorandum to City Council Tree Liaisons

2. List of Fall 2022 Proposed Tree Removals

3. Proposed tree removals with completed arborist reports, photos, and location clarification

4. ISA basic tree risk assessment form guide

5. Revised Street Tree Policy and Procedures

TO: Council Member Gretchen Shepherd Romey, City Council Tree Liaison CC: Council Member Steven Huang, City Council Tree Liaison Alternate Mario Rueda, Acting City Manager
FROM: Robert Newman, Interim Director of Parks and Public Works/City Engineer BY: Robert Bauman, Management Analyst
Lora Hall, Urban Forester
DATE: October 12, 2022
SUBJECT: PROPOSED FALL 2022 CITY TREE REMOVAL LIST FOR REVIEW

BY CITY COUNCIL TREE LIAISON
The Department has prepared a listing of 11 City-owned trees that are being considered for removal pursuant to Section 7.2 of the City’s 2019 street tree policy.

The City’s Urban Forester has identified these trees as either being dead with no hope of recovery, effectively dead, or diseased and posing a threat to public safety or other nearby healthy trees.

Additional information for each identified tree is available in Attachments 2 and 3, which include arborist reports and photo documentation completed and compiled by the Urban Forester.

RECOMMENDATION
It is recommended that you review the attached list of trees proposed for removal. Hard copies of the respective attachments have been placed in your inboxes. The next step will be to forward this list to the City Council at their October 28 meeting for confirmation and approval. The Department is available to provide other information or documents necessary to facilitate your review of our recommendations.

ATTACHMENTS

1. List of Fall 2022 Proposed Tree Removals

2. Proposed tree removals with detailed evaluations, photos, and location clarification

3. ISA basic tree risk assessment form guide

4. Revised Street Tree Policy and Procedures
cc: Mario Rueda, Acting City Manager

Fall 2022 Public Tree Removal List
10/28/22 City Council Meeting

Tree
# LOCATION TREE DBH

REASON FOR

PROPOSED

REMOVAL

NOTES COMMENT
1 1305 Blackstone
Rd
Fraxinus velutina
32” Dead Fungal fruiting
bodies at base
2 1523 Chelsea Rd
Liquidambar
stryaciflua 16.5” Poor condition Likely xylella
infection
3 1340 Old Mill Rd
Brachychiton
polulneus 16” Poor condition
Significant lean
4 1155 Sherwood
Rd
Quercus agrifolia 17” Poor condition
5 2395 Melville Rd Quercus agrifolia 21” Poor condition Crown dieback
6 1424 Wilson Ave
Brachychiton
populneus 7” Dead Fungal fruiting
bodies at base
7 1248 Roanoke Quercus agrifolia 9” Dead

8 1430 Bellhaven
Rd Fraxinus velutina 22” Dead
Located just
north of
intersection
with Lorain
Road
9 2360 Huntington
Dr*
Liquidambar
stryaciflua 23” Dead Located in center median
10 1304 Old Mill Rd* Magnolia grandiflora 17.5” Dead
Near
intersection
of Old Mill &
Monterey
11 1340 Old Mill Rd* Magnolia grandiflora 19” Dead
Located in
Center
median
*In center median. Address is approximate.

Tree # 1 - 1305 Blackstone Rd
Tree #1 is located on the parkway in front of 1305 Blackstone Road. See below map and attached arborist report for additional information.

ARBORIST EVALUATION REPORT:

ASCA/ISA Certified Arborist Name:

Certified Arborist Number: Inspection Date:

TREE CHARACTERISTICS:

Species:

Genus Species Common Name
Tree ID#: DBH: # of trunks: Height: Spread:

Form:  generally symmetric  major asymmetry  stump sprout  stag-headed Age:  young  semi-mature  mature  over-mature/senescent Pruning:  lion-tailed  crown raised  topped  multiple pruning events  cabled/braced  flush cuts  pollarded excessively thinned  none
Amount of Deadwood:  0-10%  11-20%  21-30%  over 30% Location & Extent of Decay:

Known History of Failure:

Pests or Diseases:

Other Inspections:  Decay Test  Canopy Inspection  Root Crown Excavation (limited) Tree Condition Summary:

SITE CONDITIONS:

Landscape Type:  lawn  shrub area  natural hillside  parkway  courtyard  other
Surroundings:  Tree overhangs/extends to adjacent property  Tree is causing damage to structures  other
Irrigation conditions:  none  adequate  inadequate  excessive  trunk wetted Irrigation type:  spray  drip  automatic  manual  other Site Disturbance:  none  soil  grade change  construction  chemical % dripline paved % dripline w/fill soil % dripline with grade lowered Soil Problems:  none  drainage  shallow  compacted  saline  alkaline  acidic  clay  expansive
Slope:  none  hillside under 20%  hillside over 20% Slope aspect Site prone to wind:  yes  no Prevailing wind direction:

Site Condition Summary:

OVERALL SUMMARY AND RECOMMENDATION:
 Additional analysis attached  Photographs attached
CERTIFICATION: I hereby certify that I am a certified arborist and that I am familiar with the subject property and the trees being requested for removal, and that the statements and answers contained herein and the information attached are in all respects true and accurate to the best of my knowledge and belief.

Signature of Arborist

Tree #2 -1523 Chelsea Rd
Tree # 2 is located in front of 1523 Chelsea Road. See below map for location and attached arborist report for additional information.

Peter C. Harnisch Consulting Arborist ISA Certified Arborist WE-0773A (626) 945 3176 Registered Consulting Arborist #595
[email protected] ISA Tree Risk Assessment Qualified 1022 Santa Ana St. ASCA Tree and Plant Appraisal Qualification Laguna Beach, CA 92651 Member American Society of Consulting Arborists Robert Bauman
Management Analyst
City of San Marino
8/17/22
Background and Assignment
You contacted me regarding a tree located in the parkway in front of 1523 Chelsea Road that you were concerned about. You asked me to inspect the tree and provide an opinion on the matter.

I traveled to the site on August 16, 2022. I visually inspected the tree from the ground and took photographs.

Limits of the Assignment
Observations made in the following are limited to that which is subject to this report only. It is based on limited visual inspection from the ground only at the time of inspection. No in-depth above or below ground inspections were performed. Many such inspections may be necessary to be more conclusive about what was observed and are not included as part of this report.

The following report is by no means to be considered as a formal risk assessment for the subject tree. All trees represent some risk of failure. Even with a limited evaluation such as this, there is no guarantee that a tree will not fail unexpectedly. Trees are dynamic living organisms subject to many influencing factors. All trees are potentially hazardous regardless of their apparent health, vigor, or structural integrity. It is impossible to be 100% sure that a tree is absolutely safe. The tree owner/manager must decide how much risk he/she is willing to accept. This must be weighed against the value and benefit that we receive from trees.

Observations
The subject tree is a sweet gum (Liquidambar styraciflua). It has grown in the parkway surrounded by manicured turf (see Attachment A: Photo 1).

Several heading cuts have been made which have significantly reduced the sweet gum’s canopy. This may have been done to remove dead branches that had died back.

This has been a common occurrence recently within the species. Leaf scorch (Xylella fastidiosa) is a bacterial infection which is often believed to be the cause of such decline. More testing would have to be done to be more certain, however.

In addition, I observed staining on the upper trunk (see Attachment A: Photo 2) that could be due to polyphagous shot hole borer (PSHB). The insect is part of an

entemopathic complex that infuses the host tree with a fusarium fungus (Fusarium euwallacea). Vascular function is inhibited causing die back within the canopy. Affected limbs may become brittle and fail.

Conclusion
I believe that the sweet gum has been infected with leaf scorch and/or fusarium fungus.

It is in severe decline which will probably cause its eventual demise. Limbs may continue to die back and could create a hazardous condition as they may be prone to failure. I do not believe there is any remedy for its condition.

Recommendations
Remove the sweet gum tree and replace it with another species of tree.

Let me know if I can be of further assistance in this matter,

Peter Harnisch

Attachment A: Photos
Photo 1
Photo 2

Tree #3 1340 Old Mill Rd
Tree #3 is the southernmost tree circled on this map, and is located in the parkway in front of 1340 Old Mill Road. Please see the attached arborist report for additional information.

Peter C. Harnisch Consulting Arborist ISA Certified Arborist WE-0773A (626) 945 3176 Registered Consulting Arborist #595
[email protected] ISA Tree Risk Assessment Qualified 1022 Santa Ana St. ASCA Tree and Plant Appraisal Qualification Laguna Beach, CA 92651 Member American Society of Consulting Arborists Robert Bauman
Management Analyst
City of San Marino
8/15/22
Background and Assignment
You contacted me regarding a tree located in the parkway in front of 1340 Old Mill Road that you were concerned about. You asked me to inspect the tree and provide an opinion on the matter.

I traveled to the site on August 2, 2022. I visually inspected the tree from the ground and took photographs.

Limits of the Assignment
Observations made in the following are limited to that which is subject to this report only. It is based on limited visual inspection from the ground only at the time of inspection. No in-depth above or below ground inspections were performed. Many such inspections may be necessary to be more conclusive about what was observed and are not included as part of this report.

The following report is by no means to be considered as a formal risk assessment for the subject tree. All trees represent some risk of failure. Even with a limited evaluation such as this, there is no guarantee that a tree will not fail unexpectedly. Trees are dynamic living organisms subject to many influencing factors. All trees are potentially hazardous regardless of their apparent health, vigor, or structural integrity. It is impossible to be 100% sure that a tree is absolutely safe. The tree owner/manager must decide how much risk he/she is willing to accept. This must be weighed against the value and benefit that we receive from trees.

Observations
The subject tree is a kurrajong tree (Brachychiton populneus) which is often referred to as a bottle tree. It has grown in the parkway surrounded by turf.

The bottle tree leans heavily to the west over the street (see Attachment A: Photo 1).

Uplifted roots were observed on the east side of the tree’s trunk indicating that it may have shifted.

Odd deformities could be seen along its trunk. Some of them were located on the opposing side of its lean where tissue is under tension (see Attachment A: Photo 2).

Underlying decay which may have progressed from below the soil line may be present there.

Conclusion
The subject bottle tree has poor structure and may have severe decay within its trunk and/or roots. It could be subject to failure.

Recommendations
Remove the bottle tree as soon as possible.

Let me know if I can be of further assistance in this matter,

Peter Harnisch

Attachment A: Photos
Photo 1. The
bottle tree leans
heavily over the
street.

Photo 2. Odd
deformities could
be seen on the
trunk. Underlying
decay could be
present.

Tree # 4 – 1155 Sherwood Rd
Tree # 4 is located on the parkway in front of 1155 Sherwood Road. See below map (green dot indicates tree location) and attached arborist report for additional information.

Peter C. Harnisch Consulting Arborist ISA Certified Arborist WE-0773A (626) 945 3176 Registered Consulting Arborist #595
[email protected] ISA Tree Risk Assessment Qualified 1022 Santa Ana St. ASCA Tree and Plant Appraisal Qualification Laguna Beach, CA 92651 Member American Society of Consulting Arborists Robert Bauman
Management Analyst
City of San Marino
6/3/22
Background and Assignment
You contacted me regarding an oak tree located in the parkway in front of 1155 Sherwood Road. You asked me to visit the site and provide a written evaluation of the tree.

I traveled to the site on June 2, 2022. I visually inspected the oak from the ground and took photographs.

From my office, I studied site photographs and historical satellite images.

Limits of the Assignment
Observations made in the following are limited to that which is subject to this report only. It is based on limited visual inspection from the ground only at the time of inspection. No in-depth above or below ground inspections were performed. Many such inspections may be necessary to be more conclusive about what was observed and are not included as part of this report.

Property line locations were described to me by others; accuracy of property boundaries is not guaranteed. Before any recommendations are followed or actions taken regarding any trees that are subject to this report, a determination of ownership should be made.

Since property lines sometimes do not follow existing terrain or man-made barriers, the location of such boundaries should be accurately determined before making any assumptions of ownership.

The following report is by no means to be considered as a formal risk assessment for the subject tree. All trees represent some risk of failure. Even with a limited evaluation such as this, there is no guarantee that a tree will not fail unexpectedly. Trees are dynamic living organisms subject to many influencing factors. All trees are potentially hazardous regardless of their apparent health, vigor, or structural integrity. It is impossible to be 100% sure that a tree is absolutely safe. The tree owner/manager must decide how much risk he/she is willing to accept. This must be weighed against the value and benefit that we receive from trees.

Observations
The subject tree is a coast live oak (Quercus agrifolia). It has grown in a parkway area surrounded by manicured turf (see Attachment B: Photo1). Formal irrigation was

present and functioning. Irrigation is directed against the oak’s trunk and appears to be excessive (see Attachment B: Photo 2). These conditions may have existed for several years prior.

Flattened areas of the oak’s trunk flare were observed near the soil line. Oak root fungus (Armillaria mellea) could be active there and has consumed trunk tissue which is now obscured by disfigured secondary bark (see Attachment B: Photo 3). More testing would have to be performed to be more conclusive, however, and is not included as part of this report.

The oak’s trunk is singular, has poor taper, and is mostly straight. Branch structure is open and elevated. It appears that numerous pruning events have occurred to provide clearance.

The oak’s canopy is sparse. Foliage density is very low; deadwood could be seen throughout, especially at canopy extremities. Daylight could be seen when viewing through the canopy from below (see Attachment A: Photo 4). Historical satellite images seem to indicate that canopy conditions may have begun declining sometime after 2018.

Conclusion
I believe that the subject oak may have severe decay within its lower trunk and possibly its root system due to the pathogenic activity of oak root fungus. The poor foliage characteristics observed may be symptomatic of reduced vascular capacity. It is my opinion that over watering may have contributed to this condition. The oak is in decline, and I do not believe there is any feasible remedy. I also believe that it may be more prone to failure than a healthy oak.

Recommendations
I recommend that you remove and replace the oak with a tree that is more suitable for site conditions.

Let me know if I can be of further assistance in this matter,

Peter Harnisch

Attachment A: Photos
Photo 1. The subject
oak has grown in the
parkway surrounded
by manicured and
irrigated turf.

Photo 2. Irrigation is
wetting the oak’s
trunk and appears to
be excessive

Attachment A: Photos
Photo 3. Flattened
areas and bark
disfigurement within
the oak’s trunk flare
may have been
caused by oak root
fungus.

Photo 4. Daylight
could be seen when
viewing through the
oak’s canopy from
below.

Tree # 5 - 2395 Melville Dr
Tree # 5 is located in front of 2395 Melville Dr on the north side of the street, just west of its intersection with Kenilworth Avenue. See below map and attached arborist report for additional information.

Peter C. Harnisch Consulting Arborist ISA Certified Arborist WE-0773A (626) 945 3176 Registered Consulting Arborist #595
[email protected] ISA Tree Risk Assessment Qualified 1022 Santa Ana St. ASCA Tree and Plant Appraisal Qualification Laguna Beach, CA 92651 Member American Society of Consulting Arborists Robert Bauman
Management Analyst
City of San Marino
5/25/22
Background and Assignment
You contacted me regarding an oak tree located in the city right of way in front of 2395 Melville Drive. You asked me to visit the site and provide a written evaluation of the tree.

I traveled to the site on May 12, 2022. I visually inspected the oak from the ground, tested soil moisture levels with an LIC moisture meter, and took photographs. I located the tree on a satellite image for reference purposes (see Attachment A: Satellite Image).

From my office, I studied site photographs and historical satellite images.

Limits of the Assignment
Observations made in the following are limited to that which is subject to this report only. It is based on limited visual inspection from the ground only at the time of inspection. No in-depth above or below ground inspections were performed. Many such inspections may be necessary to be more conclusive about what was observed and are not included as part of this report.

Property line locations were described to me by others; accuracy of property boundaries is not guaranteed. Before any recommendations are followed or actions taken regarding any trees that are subject to this report, a determination of ownership should be made.

Since property lines sometimes do not follow existing terrain or man-made barriers, the location of such boundaries should be accurately determined before making any assumptions of ownership.

The following report is by no means to be considered as a formal risk assessment for the subject tree. All trees represent some risk of failure. Even with a limited evaluation such as this, there is no guarantee that a tree will not fail unexpectedly. Trees are dynamic living organisms subject to many influencing factors. All trees are potentially hazardous regardless of their apparent health, vigor, or structural integrity. It is impossible to be 100% sure that a tree is absolutely safe. The tree owner/manager must decide how much risk he/she is willing to accept. This must be weighed against the value and benefit that we receive from trees.

Observations
The subject tree is a coast live oak (Quercus agrifolia). It has grown in a parkway area surrounded by manicured turf (see Attachment B: Photo1). Formal irrigation was

present and functioning. Irrigation appears to be directed against the oak’s trunk. It also appears to be excessive; soil moisture levels were high in areas surrounding its trunk where tested (see Attachment B: Photo 2). These conditions may have existed for many years prior.

Flattened areas of the oak’s trunk flare were observed near the soil line (see Attachment B: Photo 3). Oak root fungus (Armillaria mellea) could be active there and has consumed trunk tissue which is now obscured by secondary bark. More testing would have to be performed to be more conclusive, however, and is not included as part of this report.

The oak’s trunk leans heavily to the south over Melville Drive. Branch structure is open and elevated. It appears that numerous pruning events have occurred to provide clearance.

The oak’s canopy is sparse. Foliage density is critically low; deadwood could be seen throughout; especially at canopy extremities. Historical satellite images seem to indicate that canopy conditions began declining sometime after 2014.

Conclusion
I believe that the subject oak may have severe decay within lower trunk and possibly its root system due to the pathogenic activity of oak root fungus. The poor foliage characteristics observed may be symptomatic of reduced vascular capacity. It is my opinion that prolonged over watering may have contributed to this condition. The oak is in severe decline, and I do not believe that there is any feasible remedy. I also believe that it may be more prone to failure than a healthy oak.

Recommendations
I recommend that you remove and replace the oak with a tree that is more suitable for site conditions.

Let me know if I can be of further assistance in this matter,

Peter Harnisch

Attachment A: Satellite Image
Subject Oak Tree

Attachment B: Photos
Photo 1. The subject oak has
grown in the parkway
surrounded by manicured and
irrigated turf.

Attachment B: Photos
Photo 2. Moisture levels
were high where tested
near the oak’s trunk.

Attachment B: Photos
Photo 3. Areas of the oak’s
trunk flare appeared flat near
the soil line. This could be an
indication of pathogenic activity
from oak root fungus.

Tree # 6 - 1424 Wilson Ave (near corner of El Molino and Wilson) Tree # 6 is located south of the intersection of Wilson Avenue and S El Molino Avenue. Although the tree itself is located on S El Molino Avenue, the closest address is 1424 Wilson Avenue. See below map and attached arborist report for additional information.

pg. 1
Peter C. Harnisch Consulting Arborist ISA Certified Arborist WE-0773A (626) 945 3176 Registered Consulting Arborist #595
[email protected] ISA Tree Risk Assessment Qualified 1022 Santa Ana St. ASCA Tree and Plant Appraisal Qualification Laguna Beach, CA 92651 Member American Society of Consulting Arborists Robert Bauman
Management Analyst
City of San Marino
7/23/22
Background and Assignment
You contacted me regarding a bottle tree located in the parkway adjacent to 1424 Wilson Avenue that you were concerned about. You asked me to inspect the tree and assess its condition.

I traveled to the site on July 20, 2022. I visually inspected the tree from the ground and took photographs.

Limits of the Assignment
Observations made in the following are limited to that which is subject to this report only. It is based on limited visual inspection from the ground only at the time of inspection. No in-depth above or below ground inspections were performed. Many such inspections may be necessary to be more conclusive about what was observed and are not included as part of this report.

The following report is by no means to be considered as a formal risk assessment for the subject tree. All trees represent some risk of failure. Even with a limited evaluation such as this, there is no guarantee that a tree will not fail unexpectedly. Trees are dynamic living organisms subject to many influencing factors. All trees are potentially hazardous regardless of their apparent health, vigor, or structural integrity. It is impossible to be 100% sure that a tree is absolutely safe. The tree owner/manager must decide how much risk he/she is willing to accept. This must be weighed against the value and benefit that we receive from trees.

Observations
The subject bottle tree (Brachychiton populneus) has grown in the parkway area surrounded by turf (see Attachment A: Photo 1). Formal irrigation was present and functioning. Irrigation appears to be directed against the oak’s trunk and is excessive.

Conks of the pathogenic fungus Polyporus dryadeus were observed at the base of the tree (see Attachment A: Photo 2).

Foliage within the canopy of the bottle is dried and brown. No live green foliage remains.

pg. 2
Conclusion
The subject bottle tree has died due to the presence of a pathogenic fungus. Overwatering could have contributed to its development. It could be subject to failure.

Recommendations
Remove the bottle tree as soon as possible.

Let me know if I can be of further assistance in this matter,

Peter Harnisch

pg. 3
Attachment A: Photos
Photo 1. The subject
bottle tree has grown
in the parkway
surrounded by
heavily irrigated turf.

Photo 2. Conks
could be seen at the
base of the bottle
tree.

Tree #7 - 1248 Roanoke Rd
Tree # 7 is located in the parkway in front of 1248 Roanoke Road. See below map and attached arborist report for additional information.

pg. 1
Peter C. Harnisch Consulting Arborist ISA Certified Arborist WE-0773A (626) 945 3176 Registered Consulting Arborist #595
[email protected] ISA Tree Risk Assessment Qualified 1022 Santa Ana St. ASCA Tree and Plant Appraisal Qualification Laguna Beach, CA 92651 Member American Society of Consulting Arborists Robert Bauman
Management Analyst
City of San Marino
7/23/22
Background and Assignment
You contacted me regarding an oak tree located in the parkway in front of 1248 Roanoke Road that you were concerned about. You asked me to inspect the tree and assess its condition.

I traveled to the site on July 20, 2022. I visually inspected the tree from the ground and took photographs.

Limits of the Assignment
Observations made in the following are limited to that which is subject to this report only. It is based on limited visual inspection from the ground only at the time of inspection. No in-depth above or below ground inspections were performed. Many such inspections may be necessary to be more conclusive about what was observed and are not included as part of this report.

The following report is by no means to be considered as a formal risk assessment for the subject tree. All trees represent some risk of failure. Even with a limited evaluation such as this, there is no guarantee that a tree will not fail unexpectedly. Trees are dynamic living organisms subject to many influencing factors. All trees are potentially hazardous regardless of their apparent health, vigor, or structural integrity. It is impossible to be 100% sure that a tree is absolutely safe. The tree owner/manager must decide how much risk he/she is willing to accept. This must be weighed against the value and benefit that we receive from trees.

Observations
The subject coast live oak (Quercus agrifolia) has grown in the parkway surrounded by turf (see Attachment A: Photo 1). Formal irrigation was present and functioning.

Irrigation appears to be directed against the oak’s trunk in some areas.

Underlying decay may be present within the base of the oak. The lower trunk appears to be deformed having an exaggerated flaring out of material near the soil line. This could be compensatory growth due to previous tissue loss. I also observed a cavity on the south side of the trunk near grade (see Attachment A: Photo 2). These characteristics are sometimes symptomatic of pathogenic activity.

Foliage within the canopy of the oak is completely dried and brown. No live green

pg. 2
foliage remains.

Conclusion
The subject oak tree has died. Pathogenic activity may be the cause. It could be subject to failure.

Recommendations
Remove the oak tree as soon as possible.

Let me know if I can be of further assistance in this matter,

Peter Harnisch

pg. 3
Attachment A: Photos
Photo 1. The subject
oak has grown in the
parkway surrounded
by irrigated turf.

Photo 2. The base of
the oak appears to
be deformed. There
is a cavity on its
south side

Tree # 8 - 1430 Belhaven Rd at Lorain
Tree # 8 is located at 1430 Bellhaven Road, just north of its intersection with Lorain Road. See below map and attached arborist report and photos for additional information.

ARBORIST EVALUATION REPORT:

ASCA/ISA Certified Arborist Name:

Certified Arborist Number: Inspection Date:

TREE CHARACTERISTICS:

Species:

Genus Species Common Name
Tree ID#: DBH: # of trunks: Height: Spread:

Form:  generally symmetric  major asymmetry  stump sprout  stag-headed Age:  young  semi-mature  mature  over-mature/senescent Pruning:  lion-tailed  crown raised  topped  multiple pruning events  cabled/braced  flush cuts  pollarded excessively thinned  none
Amount of Deadwood:  0-10%  11-20%  21-30%  over 30% Location & Extent of Decay:

Known History of Failure:

Pests or Diseases:

Other Inspections:  Decay Test  Canopy Inspection  Root Crown Excavation (limited) Tree Condition Summary:

SITE CONDITIONS:

Landscape Type:  lawn  shrub area  natural hillside  parkway  courtyard  other
Surroundings:  Tree overhangs/extends to adjacent property  Tree is causing damage to structures  other
Irrigation conditions:  none  adequate  inadequate  excessive  trunk wetted Irrigation type:  spray  drip  automatic  manual  other Site Disturbance:  none  soil  grade change  construction  chemical % dripline paved % dripline w/fill soil % dripline with grade lowered Soil Problems:  none  drainage  shallow  compacted  saline  alkaline  acidic  clay  expansive
Slope:  none  hillside under 20%  hillside over 20% Slope aspect Site prone to wind:  yes  no Prevailing wind direction:

Site Condition Summary:

OVERALL SUMMARY AND RECOMMENDATION:
 Additional analysis attached  Photographs attached
CERTIFICATION: I hereby certify that I am a certified arborist and that I am familiar with the subject property and the trees being requested for removal, and that the statements and answers contained herein and the information attached are in all respects true and accurate to the best of my knowledge and belief.

Signature of Arborist

Tree # 9 - Huntington Dr. Median Tree (across from 2360 Huntington) Tree # 9 is located on the Huntington Drive center median. It is most directly across from 2360 Huntington Drive. See below map and attached arborist report for additional information.

ARBORIST EVALUATION REPORT:

ASCA/ISA Certified Arborist Name:

Certified Arborist Number: Inspection Date:

TREE CHARACTERISTICS:

Species:

Genus Species Common Name
Tree ID#: DBH: # of trunks: Height: Spread:

Form:  generally symmetric  major asymmetry  stump sprout  stag-headed Age:  young  semi-mature  mature  over-mature/senescent Pruning:  lion-tailed  crown raised  topped  multiple pruning events  cabled/braced  flush cuts  pollarded excessively thinned  none
Amount of Deadwood:  0-10%  11-20%  21-30%  over 30% Location & Extent of Decay:

Known History of Failure:

Pests or Diseases:

Other Inspections:  Decay Test  Canopy Inspection  Root Crown Excavation (limited) Tree Condition Summary:

SITE CONDITIONS:

Landscape Type:  lawn  shrub area  natural hillside  parkway  courtyard  other
Surroundings:  Tree overhangs/extends to adjacent property  Tree is causing damage to structures  other
Irrigation conditions:  none  adequate  inadequate  excessive  trunk wetted Irrigation type:  spray  drip  automatic  manual  other Site Disturbance:  none  soil  grade change  construction  chemical % dripline paved % dripline w/fill soil % dripline with grade lowered Soil Problems:  none  drainage  shallow  compacted  saline  alkaline  acidic  clay  expansive
Slope:  none  hillside under 20%  hillside over 20% Slope aspect Site prone to wind:  yes  no Prevailing wind direction:

Site Condition Summary:

OVERALL SUMMARY AND RECOMMENDATION:
 Additional analysis attached  Photographs attached
CERTIFICATION: I hereby certify that I am a certified arborist and that I am familiar with the subject property and the trees being requested for removal, and that the statements and answers contained herein and the information attached are in all respects true and accurate to the best of my knowledge and belief.

Signature of Arborist

Tree # 10 Old Mill Rd Median Across from 1304 Old Mill Rd Tree # 10, the northernmost of the three circled in the below image, is located on the center median on Old Mill Road, across from 1304 Old Mill Road just south of its intersection with Monterey Road. See attached arborist report for additional information.

ARBORIST EVALUATION REPORT:

ASCA/ISA Certified Arborist Name:

Certified Arborist Number: Inspection Date:

TREE CHARACTERISTICS:

Species:

Genus Species Common Name
Tree ID#: DBH: # of trunks: Height: Spread:

Form:  generally symmetric  major asymmetry  stump sprout  stag-headed Age:  young  semi-mature  mature  over-mature/senescent Pruning:  lion-tailed  crown raised  topped  multiple pruning events  cabled/braced  flush cuts  pollarded excessively thinned  none
Amount of Deadwood:  0-10%  11-20%  21-30%  over 30% Location & Extent of Decay:

Known History of Failure:

Pests or Diseases:

Other Inspections:  Decay Test  Canopy Inspection  Root Crown Excavation (limited) Tree Condition Summary:

SITE CONDITIONS:

Landscape Type:  lawn  shrub area  natural hillside  parkway  courtyard  other
Surroundings:  Tree overhangs/extends to adjacent property  Tree is causing damage to structures  other
Irrigation conditions:  none  adequate  inadequate  excessive  trunk wetted Irrigation type:  spray  drip  automatic  manual  other Site Disturbance:  none  soil  grade change  construction  chemical % dripline paved % dripline w/fill soil % dripline with grade lowered Soil Problems:  none  drainage  shallow  compacted  saline  alkaline  acidic  clay  expansive
Slope:  none  hillside under 20%  hillside over 20% Slope aspect Site prone to wind:  yes  no Prevailing wind direction:

Site Condition Summary:

OVERALL SUMMARY AND RECOMMENDATION:
 Additional analysis attached  Photographs attached
CERTIFICATION: I hereby certify that I am a certified arborist and that I am familiar with the subject property and the trees being requested for removal, and that the statements and answers contained herein and the information attached are in all respects true and accurate to the best of my knowledge and belief.

Signature of Arborist

Tree # 11 Old Mill Rd Median Across from 1340 Old Mill Rd Tree # 11, the middle of the three circled in the below image, is located on the center median on Old Mill Road, across from 1340 Old Mill Road south of its intersection with Monterey Road. See attached arborist report for additional information.

ARBORIST EVALUATION REPORT:

ASCA/ISA Certified Arborist Name:

Certified Arborist Number: Inspection Date:

TREE CHARACTERISTICS:

Species:

Genus Species Common Name
Tree ID#: DBH: # of trunks: Height: Spread:

Form:  generally symmetric  major asymmetry  stump sprout  stag-headed Age:  young  semi-mature  mature  over-mature/senescent Pruning:  lion-tailed  crown raised  topped  multiple pruning events  cabled/braced  flush cuts  pollarded excessively thinned  none
Amount of Deadwood:  0-10%  11-20%  21-30%  over 30% Location & Extent of Decay:

Known History of Failure:

Pests or Diseases:

Other Inspections:  Decay Test  Canopy Inspection  Root Crown Excavation (limited) Tree Condition Summary:

SITE CONDITIONS:

Landscape Type:  lawn  shrub area  natural hillside  parkway  courtyard  other
Surroundings:  Tree overhangs/extends to adjacent property  Tree is causing damage to structures  other
Irrigation conditions:  none  adequate  inadequate  excessive  trunk wetted Irrigation type:  spray  drip  automatic  manual  other Site Disturbance:  none  soil  grade change  construction  chemical % dripline paved % dripline w/fill soil % dripline with grade lowered Soil Problems:  none  drainage  shallow  compacted  saline  alkaline  acidic  clay  expansive
Slope:  none  hillside under 20%  hillside over 20% Slope aspect Site prone to wind:  yes  no Prevailing wind direction:

Site Condition Summary:

OVERALL SUMMARY AND RECOMMENDATION:
 Additional analysis attached  Photographs attached
CERTIFICATION: I hereby certify that I am a certified arborist and that I am familiar with the subject property and the trees being requested for removal, and that the statements and answers contained herein and the information attached are in all respects true and accurate to the best of my knowledge and belief.

Signature of Arborist

CITY OF SAN MARINO

STREET TREE POLICY AND PROCEDURES

Prepared By:

City of San Marino
Office of the City Engineer
Parks and Public Works Department
2200 Huntington Drive, San Marino, California 91108
(626) 300-0765
[email protected]
2nd Edition October 2018 (Revised April 10, 2019)
First Edition September 2016

City of San Marino
Parks and Public Works Department

STREET TREE POLICY AND PROCEDURES
September 1, 2016
Revised and Adopted by the City Council October 26, 2018 Revised and Adopted by the City Council April 10, 2019

1.0 GENERAL PRESERVATION AND MANAGEMENT GUIDELINES
One of the most important aspects of preserving San Marino’s street trees is the ability to retain a managed population in terms of species, diversity, density and appropriateness.

The City will achieve this through proper planning and gradual reforestation efforts rather than through drastic deforestation and replacement measures. No healthy, living tree will be removed for the sole purpose of altering an area’s existing tree species composition.

Removal will conform to Section 7.0 of these guidelines.

1.1 Species Diversification and Density
A diversified population of tree species helps to guard against the negative impact of monocultures. Monocultures (large populations of a single tree species) may be ravaged during insect or disease epidemics. On the other hand, too diversified a population may create an unmanageable inventory of trees. Thus, as a means of controlling species variety, it is the goal of the City to retain a population of trees in which the optimum quantity of a single tree species should range between 0.5 and 10.0 percent of the total tree population.

1.2 Street Tree Management Plan (STMP)
The STMP will be based on an assessment of each street and the designated species chosen for that street to ensure that the right tree is planted in the right place based upon the following criteria:
a) Species hardiness. Based upon the tree’s adaptability to the region in terms of its resistance to diseases, pests, temperature extremes.
b) Drought Tolerance. Species that are more tolerant of long, dry periods are preferred.
c) Durability and wind resistance. Species that are not brittle by nature. d) Grow Space. Available parkway space relative to the expected tree trunk circumference and root flare at maturity.
e) Overhead clearance. The potential for conflicts between the tree’s canopy and overhead obstructions, such as utility lines, at the tree’s mature height. f) Character and basic design plan for the neighborhood. The general compatibility between the tree and its location.
g) Canopy and subsurface growth habits. Species that do not have invasive surface roots, extensive sucker production, or abundant fruit litter are preferred. h) Irrigation, drainage and soil qualities. Trees that do well under various irrigation and soil conditions are preferred.
i) General aesthetics and shading potential. Trees that provide some aesthetic benefits, such as flowers or attractive fall color, or trees that provide a good amount of shade are preferred.
j) Existing, traditional or native plant palettes. Species that already exist in a particular area, have traditionally or historically existed in that area, or are native to this region are preferred.

k) Availability. Trees that are generally available in local nurseries are preferred.

Longer streets may have several alternate designated species in an effort to incorporate diversity into the street tree population to avoid the negative effect of species monoculture. Segments of some streets may be designed with a utility alternate that will be a species planted in locations where there exists overhead clearance conflicts or grow space limitations.

The STMP will be retained by the Department. This list identifies every public street in the City with the designated species and alternates for each street being denoted in both botanical and common names.

1.3 Inventory Administration
The Department will keep current an inventory of all City trees including detailed site characteristics and work histories for each tree. The inventory of City trees identifies species, DBH (diameter at breast height), height, canopy and adjacent hardscape.

When creating an inventory of trees, standard procedures will be used to ensure that they are done in a consistent and regular manner. The inventory includes street trees and trees in other public spaces such as parks and medians. Public access to view the inventory will be provided through the City’s website.

1.4 Street Tree Planting within Entitlement Process
Development projects will be required to plant street trees as a condition of approval where existing street trees are missing or in poor health. The spacing of trees and species are defined in the Department’s conditions of approval and the approved site plan for the project. The Department refers to the STMP for approved street trees and to coordinate the species planted with the street tree palette for the area.

Planting of Street trees will comply the latest edition of the Standard Plans for Public Works Construction (SPPWC) (“The Greenbook”) standards for tree planting and as amended by this policy (see Sections 4 and 10).

2.0 GUIDELINES FOR PLANTING NEW AND REPLACEMENT TREES

2.1 Basis for Planting Guidelines
The Department is responsible for the planting of all street trees and may delegate the actual planting of trees to contractors or property owners. The following guidelines have been developed to promote the health and safety of City trees from the time that they are planted through their maturity. These guidelines apply to all City trees that are to be planted.

2.2 Season to Plant
Unless otherwise approved by the Director, all planting of trees will take place between November and April to take advantage of the dormant period for most trees and the cooler, wetter seasons of the year unless the work is proposed to occur during the bird nesting period (January through September). Consequently the Department will consult with an appropriate expert and if necessary prepare in accordance with California Environmental Quality Act guidelines an environmental document. Work that occurs during the bird nesting period may require the presence of an on-site biologist and may have to be suspended until nesting birds have abandoned their nest.

2.3 Planting Sites
It is the objective of the City to plant all viable vacant sites within City rights-of-way and to replace City trees that have been removed. Viability of planting sites is based upon the following criteria:

A. Spacing. There is adequate spacing present overhead, underground and radially to allow for the healthy, unimpeded growth of the tree to its mature size. Specific examples of spacing conditions that may make a site unsuitable for planting include inappropriate canopy room between existing trees, too close a proximity of a planting site to existing water, gas or sewer lines, potential for conflict with overhead power lines, or inadequate width of the location’s parkway for accommodating the tree’s girth.

B. Traffic Clearance. There is adequate line of sight visibility between normal vehicular or pedestrian traffic and necessary signage, street lights or views.

2.4 Tree and Plant Protection
It is the objective of the City to preserve and protect nearby trees and other plantings from damage that may occur during the planting or removal of other trees. The Department will employ the use of tree protection zones as specified in Section 10 and shall require private developers working in the City’s right-of-way to protect existing trees as specified herein.

3.0 (RESERVED)

4.0 TREE STOCK AND OTHER PLANTING MATERIALS

4.1 Nursery Stock Standards
The City will make every effort to ensure that it plants only vigorous, healthy trees that can be trained into an attractive natural form with strong roots and good crown development. The specifications for acceptable nursery stock are as follows:
a) All trees are to be true to type or botanical name as ordered or shown on planting plans.

b) All trees should be a size equivalent to that of 15-gallon minimum (see Section 4.7 for size upgrades requested by the adjacent private property owner). This size tree has been found due to its age to be more resilient and vigorous growing when compared to larger trees, which are susceptible to shock and take longer to establish new growth.
c) All trees are to have a single and fairly straight trunk with a good taper and good branch distribution vertically, laterally and radially. d) All trees are to be healthy, have a form typical for the species or cultivar; be well rooted, and are property trained.
e) The root ball of all trees are to be moist throughout and the crown shall show no sign of moisture stress.
f) All trees shall comply with federal and state laws requiring inspection for plant diseases and pest infestations.
g) No tree shall be accepted that has been severely topped, headed back, pollarded or lion-tailed.
h) No tree shall be accepted that has co-dominant stems or excessive weak branch attachments that cannot be trained out without jeopardizing the natural form of the species.
i) No tree shall be accepted that is root bound, shows evidence of girdling or kinking roots, or having knees (roots) protruding above the soil.

4.2 Planting Material Standards
Unless otherwise approved by the Director, all street trees shall be planted using materials that meet the following criteria:
a) Tree Stakes. Provide 2 sturdy, 8-foot-long minimum lodge pole pine stakes. Stakes shall be placed on the outer edge of the root ball on either side of the tree, parallel to the curb or walkway, or perpendicular to prevailing winds (see SPPWC 518). b) Staking Ties. Staking ties shall be 16- to 18-inch-long rubber cinch ties fastened to each stake with galvanized roofing nails. Ties will be pulled loose enough to allow for free movement of the tree in the wind (see SPPWC 518). c) For other details see attached SPPWC standard plans.

4.3 Tree Planting Specifications
Street trees are to be planted in accordance with the SPPWC standard plan 518 and 520 with the following modifications:
a) Tree guying is not permitted (see SPPWC 518).
b) The use of root barriers will be determined on a case by case basis (see SPPWC 520).
c) Gravel-filled solid-wall pipes shall be substituted for perforated pipes to carry water to the root zone (see SPPWC 520).

4.4 Site Cleanup after Planting
Work areas should be left in a condition equal to or better than that which existed prior to the commencement of planting operations. All debris should be cleaned up each day before the work crew leaves the site. All lawn areas are to be raked, all streets and sidewalks are to be swept, and all brush, branches, excess soil, rocks or other debris are to be removed from the site.

4.5 Watering Schedule
During the establishment period written notices will be mailed to adjacent private properties where the new tree(s) are located. The Department will water the new trees thoroughly to their root depth as frequently as needed. The minimum standards are as follows:
a) Tree Age 1 to 3 months in the ground: 4 times per month or as necessary. b) Tree Age 4 to 6 months in the ground: 2 times per month or as necessary. c) Tree Age 7 to 12 months in the ground: 1 time per month or as necessary.

The Department will monitor tree health during the establishment period and modify the water schedule listed above as necessary due to factors such as weather patterns and drought conditions to ensure maximum survivability of the new tree.

4.6 Training Young Trees
All newly planted trees will be placed on a written schedule to receive young tree maintenance immediately after planting. Properly trained trees will develop into structurally strong trees well suited for their surrounding environment. These trees should require little corrective pruning as they mature. Young trees that reach a larger mature size should have a sturdy, tapered trunk with well-spaced branches that are smaller in diameter than the trunk.

Every street tree should be scheduled for training at least once within the first 3 years after being planted as part of a young tree maintenance program (YTMP). The YTMP will include evaluating the overall condition of the tree, cleaning out of any dead wood and pruning the tree in such a manner as to develop good structure, checking to insure stakes and ties are removed in a timely manner from the young tree so as not to inhibit its development, and examining the watering basis to verify that the tree is receiving adequate water.

4.7 Tree Size Upgrades Requested by Property Owner
The Department will be open to increasing the size of the stock tree being planted in the parkway strip if requested by the adjacent private property owner. If the larger tree is determined to be feasible based on the STMP, the differential cost of labor and materials to plant a large tree and a 15-gallon tree of the same species shall be reimbursed by the private property owner in accordance with the City’s fiscal policies prior to installation of the larger tree.

5.0 TREE PRUNING GUIDELINES

5.1 Frequency and Manner of Pruning
The Department is responsible for pruning of street trees. Street trees will be pruned on a regular basis using professionally accepted standards as established by the International Society of Arboriculture (ISA). They will be pruned in a manner to encourage good development while preserving their health, structure and natural appearance.

Topping, heading back, stubbing, lion tailing or pollarding of public trees is strictly prohibited.

Residents will be notified of any pruning projects affecting a City tree located in front of their home per Section 8.

5.2 Utility Clearance Pruning
Line clearing is performed by tree trimming companies under contract to Southern California Edison (SCE) who is to inform the Department of upcoming trimming work. The Department will inspect the location before trimming occurs to see if an alternative treatment to trimming or pruning can be used and make recommendations to SCE modify the trimming scope to reduce impacts on trees (especially palm trees). The Department will review the site after the work is performed to determine if the work by SCE has damaged or otherwise impacted the long-term health of the tree. Due to state utility regulations the authority for determining the appropriate trimming rests with SCE.

However, the City may seek to pursue claims against SCE if it is in the best interests of the City to seek damages or other compensation such as replacement trees.

5.3 Certified Arborist
All City-contracted tree companies are required to have in their employment a full-time, permanent certified arborist as accredited by the International Society of Arboriculture (ISA). This person shall be responsible for ensuring that the contractor’s crews are performing work according to City specifications and this policy.

The Department will have on-staff a certified arborist or employ an outside consultant to assist the Department in implementing this policy.

5.4 Pruning by Private Property Owner
San Marino parkway trees are a valuable asset to the City’s neighborhoods and conformance with this policy is paramount to ensure their long and healthy life.

Consequently, it is important to use the same standards of care if tree work is to be performed by others.

Private property owners may request to prune a City parkway tree with a private contractor in-between the 4 year pruning cycle used by the City. On a case-by-case basis, the Department may allow this pending a review of the subject tree, adjacent street trees, the proposed trimming plan and the next scheduled tree pruning/trimming operation.

The property owner should submit an encroachment permit application that includes:
a) Name of the property owner.
b) The proposed contractor name and contact information with a copy of a valid C61/D-49 license and a City of San Marino business license. c) A pruning plan identifying the certified arborist who will be supervising the pruning and the proposed dates of the work.
d) All insurance documents specified by the encroachment permit. e) The encroachment permit fee was waived by the City Council on October 26, 2018.

Should an encroachment permit for pruning be approved, the property owner, their contractor and arborist, and Department personal shall meet on-site to review the scope of the pruning and other relevant matters for pruning within the public right-of-way per Sections 5, 9 and 10. Notification of the pruning to the neighborhood will be in accordance with Section 8.

6.0 TREE AND HARDSCAPE CONFLICTS

6.1 General Policy Regarding Tree and Hardscape Conflicts A sidewalk can be removed and replaced in a single day. A tree may take 20-70 years to reach a size where it damages the sidewalk. The sidewalk or curb will require repair whether the tree remains or not. The vested time and value of the tree prompts modifying the site to allow the tree to remain whenever practical. However, the tree in an improper growing site can cause hazards and recurring damages that cannot be corrected by modifying the growing site, and removal and replacement may be necessary. Because of the complexity of resolving tree-hardscape conflicts, the following guidelines will be employed to govern the decision-making process.

6.2 Inspection
If tree roots are the cause of hardscape damage, a certified arborist will be consulted to consider the size, species, structure/condition and external or environmental factors present that may support removal.
a) Size. Trunk size (DBH) and height should be noted in relation to the amount of structural roots that should remain to support the tree. b) Species. The species should be considered for its environmental suitability and its appropriateness to the site.
c) Structure and Condition. The tree should be inspected for stability: leaning and crown balance. The trunk should be checked for any cavities, signs of decay or insects that may cause instability (i.e., root rot, bores, termites). The condition of the foliage should be checked noting dieback, size and quantity of foliage, and anything that may indicate stress.
d) External or Environmental Factors. The growing space should be considered.

Check for adequate growing space. Note proximity to overhead utilities, water meters, and lines of sight for driveways, intersections and traffic signs. Note

damage to private property such as uplifting sidewalks, driveways, retaining walls, structural damage to a house, etc.

6.3 Possible Remedies
The Director in consultation with a certified arborist will determine the how best to proceed with tree removal being the last resort.

7.0 STREET TREE REMOVAL

7.1 Tree Removal Permit Approval Process
Except in instances requiring immediate action for the protection of life or property, the Department will obtain City Council’s approval prior to the removal of any street tree with a DBH greater than 4-inches (heritage and Oak trees) or 6-inches (established trees) unless the tree removal is part of a City Council-approved capital improvement project.

The Director will submit a list of proposed street tree removals to the City Council tree liaison for review and comment at least two times per year. The list will identify the tree location, reason for removal and relevant information, and data supporting each proposed removal. If the Council liaison agrees with the Department’s list, the list will be forwarded to the full City Council for action as a consent agenda item. Should the Council liaison not agree with the Department’s list, the list will be forwarded to the City Council for action as a new business item. Should the City Council not approve the tree removals, the Department will include those trees on a list of potential future removals.

Preparation of an environmental document may be required for trees proposed to be removed during the bird nesting period.

7.2 Reasons for Tree Removal
Every effort will be made to maintain the health of the City’s trees and avoid tree removal.

However, the removal of a street tree street becomes necessary due to the following as determined in consultation with a certified arborist:
• The tree is dead.
• The tree has reached an over-mature condition and is in declining health that will result in its death within the year.
• The tree is infected with a disease that cannot be treated successfully and/or there is a strong potential that the pathogen could spread to other trees in the immediate vicinity.
• The tree has been determined to be a public health and safety hazard because of its high potential for failure due to considerable dead of dying foliage, branches, roots or trunk.
• The tree requires extensive root pruning because of excessive hardscape damage resulting in the severe reduction in its capacity to support itself and thereby creates a potential safety hazard.
• The tree due to its growth habit and location creates a safety hazard.

• Removal of the tree has been approved as part of a City Council-approved capital improvement project.

7.3 Invalid Reasons for Tree Removal:

The following represent invalid reasons for removal of a street tree:
• Leaf litter.
• Messy fruit or flowers.
• View obstruction (other than for safety reasons).
• Roots infiltrating into private sewer laterals.
• Power line obstruction if there is a feasible solution to move the power line, e.g., pole relocation or undergrounding conflicting lines, that has been approved by SCE.
• Hardscape uplift that can be mitigated through root pruning, ramped sidewalks, root planning, etc.

8.0 PUBLIC COMMUNICATIONS

8.1 Tree Pruning
It is important that residents/property owners are notified of regularly scheduled tree pruning within the parkway adjacent to their property. Notification by mail should be made at least 10 business days in advance of scheduled pruning.

8.2 Tree Removal
It is important that residents/property owners are notified of the upcoming removal of a street tree. Notification will be made for trees that do not pose an immediate threat to life or property and a DBH greater than 4-inches (heritage and Oak trees) or 6-inches (established trees).

Notification by mail will be made at least 10 business days in advance of scheduled pruning and mailed to the neighborhood:
a) The resident/property owner of the property site where the street tree is located (the lot).
b) The 2 properties on each side of the lot.
c) All properties adjoining the rear of the lot and each property on either side of the adjoining property(ies).
d) Extending the lot’s property line across the street, all property(ies) across the street within the parameters of the extension and the property on either side of those properties.
e) For lots at the end of a cul-de-sac street, all property(ies) adjoining the rear of the lot, each property on either side of those adjoining property(ies) and the 3 properties extending from each side of the lot.

Trees to be removed will be marked by signage visible from the street 10 days in advance and the marking will be referenced in the notification letters to provide clarity on the exact tree or trees scheduled for removal.

8.3 Tree Planting
It is important that residents/property owners are notified of the planned planting of a City tree within the parkway adjacent to their property. Notification will be by mail at least 10 business in advance of the tree planting. Proposed location for the street tree will be marked on the curb prior to the mailing of the letter and will be referenced in the letter to provide the resident/property owner with the opportunity to bring concerns about the location to the City’s attention.

9.0 SUPERVISION
Except in cases requiring immediate action from the protection of persons or property, the daily work of planting, pruning or removal of streets trees will not begin until the personnel performing the work is met on site by a certified arborist and the Public Works Manager or Director who will inspect the site and verify the correct tree is marked for pruning or removal.

10.0 STANDARD DETAILS
The following documents will be used to implement this policy. a) Sample notice to residents/property owners of work to be performed by Department personnel.
b) Sample notice to residents/property owners of work to be performed by city contractor.
c) Sample notice to post on tree to be removed.
d) Model specifications for tree and plant protection.
e) San Marino standard plan SM 102 Residential Sidewalk Details. f) SPPWC standard plan 518 Tree Staking.
g) SPPWC standard plan 520 Tree Planting.

Date
Notice of Parkway Tree Removal by Public Works Personnel Dear Neighbor:

No sooner than 14 days from the date of this letter, Parks and Public Works personnel will be removing tree(s) located in parkway near your home. This letter provides details about the City’s removal and restoration process.

Overview - The work will consist of tree removal, stump removal, disposal of all generated debris and restoration of parkway. Construction activity will occur between 7 am and 5 pm, Monday through Friday.

Tree Removal - Trees targeted for removal are noted with an orange-colored ‘X’. The trees will be generally cut to 4-inches to 6-inches above the ground. We will remove all limbs, leaves and logs at the end of each work day and dispose of them at a legal and proper disposal site. We are unable to give logs to residents.

Stump Removal and Restoration – We will ground the remaining tree stumps to a minimum depth of 12-inches.

All areas disturbed by stump removal will be restored no later than 2 weeks after stump has been removed.

Type of Tree Size Reason for Removal
If you have questions or would like more information please contact Mr. John Santillan, Parks and Grounds Foreman, (626) 300-0790 or [email protected].

On behalf of the City of San Marino Parks and Public Works Department, thank you for supporting our efforts to maintain the City’s wonderful urban forest.

Regards,
Michael Throne, PE
Parks and Public Works Director/City Engineer

Date
Notice of Parkway Tree Removal
Dear Neighbor:

The City of San Marino has contracted with Mariposa Landscapes Inc., to remove dead parkway trees within the City. No sooner than 14 days from the date of this letter, the contractor will be removing tree(s) located in parkway near your home. This letter provides details about the City’s removal and restoration process.

Overview - The work will consist of tree removal, stump removal, disposal of all generated debris and restoration of parkway. Construction activity will occur between 7 am and 5 pm, Monday through Friday.

Tree Removal - Trees targeted for removal are noted with an orange-colored ‘X’. The trees will be generally cut to 4-inches to 6-inches above the ground. The contractor is required to remove all limbs, leaves and logs at the end of each work day and dispose of them at a legal and proper disposal site. The contractor is unable to give logs to residents.

Stump Removal and Restoration - The contractor is required to ground the remaining tree stumps to a minimum depth of 12-inches. All areas disturbed by stump removal will be restored by Public Works personnel no later than 2 weeks after stump has been removed.

Type of Tree Size Reason for Removal
If you have questions or would like more information please contact Mr. John Santillan, Parks and Grounds Foreman, (626) 300-0790 or [email protected].

On behalf of the City of San Marino Parks and Public Works Department, thank you for supporting our efforts to maintain the City’s wonderful urban forest.

Regards,
Michael Throne, PE
Parks and Public Works Director/City Engineer

NOTICE OF

TREE REMOVAL
Estimated Removal Date ___________
The City of San Marino Parks and Public Works
Department has a policy to preserve healthy trees on
public property whenever possible and practicable.

However, if the tree is dead, diseased, causing severe
hardscape damage or is a public safety hazard,
sometimes the tree has to be removed.

It has been determined that there is no alternative
but to remove this City tree.

If you have questions or would like more information
please contact:

Mr. John Santillan, Parks and Grounds Foreman
(626) 300-0790
[email protected]

MODEL SPECIFICATIONS
FOR

TREE AND PLANT PROTECTION
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The provisions below shall supplement but not replace those provisions in Section 7-9 of the Standard Specifications.
7-9.1 Temporary Tree and Plant Protection
7-9.1.1 References
A. ANSI A300 “American National Standard for Tree Care Operations - Tree, Shrub, and Other Woody Plant Management - Standard Practices:”

1. Part 1 – Pruning.

2. Part 5 – Management of Trees and Shrubs During Site Planning, Site Development, and Construction.

B. American Public Works Association. “Tree Protection & Preservation.” C. BNi Publications. “Standard Specifications for Public Works Construction (The “Greenbook”).”
D. BNi Publications. “Standard Plans for Public Works Construction (SPPWC).” E. City of San Marino. “Standard Plans.”
7-9.1.2 Definitions
A. Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs or other vegetation to be protected during construction as indicated.

B. Tree-Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction and defined by a circle concentric with each tree with a radius 1.5 times diameter in inches of tree trunk measured 4.5-ft. above ground with a minimum radius of 6-ft. unless otherwise indicated on Drawings.

1. Example: 3-in. diameter tree x 1.5 = 4.5-ft. Use 6-ft. radius.

2. Example: 12-in. diameter tree x 1.5 = 18-ft. Use 18-ft. radius.

C. Vegetation: Trees, shrubs, groundcovers, grass, turf and other plants. 7-9.1.3 Informational Submittals
A. Existing Conditions: Document existing trees and plantings indicated to remain to establish preconstruction conditions.

1. Use sufficiently detailed photographs.

2. Include plans and notations to indicate specific wounds and damage conditions of each tree or plant designated to remain.
7-9.1.4 Project Conditions
A. Following practices are prohibited within protection zones:

1. Storage of construction materials, debris or excavated material.

2. Parking of vehicles or equipment.

3. Foot traffic.

4. Erection of sheds or structures.

5. Impoundment of water.

6. Excavation or other digging unless otherwise indicated.

7. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated.

B. Do not direct vehicle or equipment exhaust toward protected zones.

C. Prohibit heat sources, flames, ignition sources and smoking within or near protection zones and organic mulch.

D. Maintain protection-zones throughout all construction phases. 7-9.1.5 Materials
A. Topsoil:

1. Use natural or cultivated top layer of soil surface, reasonably free of subsoil, clay lumps, gravel and other objects 1/2-in. in diameter and free of weeds, roots and topic and other non-soil materials.

2. Obtain topsoil from Project site.

B. Organic Mulch:

1. Ground or shredded bark.

2. 3-in. maximum, 1/2-in. minimum.

3. Preferably use healthy plant material from Project site.

C. Protection-Zone Fencing:

1. Fix in position as directed by Engineer.

2. Plastic Protection-Zone Fencing:
a. Plastic construction fencing manufactured of high-density extruded and stretched polyethylene fabric with 2-in. maximum opening pattern. b. Secure with plastic bands or galvanized steel wire ties. c. Support fence with tubular or T-shape galvanized steel posts spaced no more than 8-ft. apart.
1) Height: 4-ft.
2) Color: Nonfading, high-visibility orange.

D. Plywood Wood for Protection-Zone Vehicle Crossing: 3/4-in. thick exterior grade plywood veneer sheathing.

E. Signage: Post highly visible signs on fencing demarking “Tree Protection Zone.”

7-9.1.6 Examination
A. Erosion and Sedimentation Control:

1. Verify temporary erosion and sedimentation controls are in place.

2. Verify flows of water redirected from construction areas or generated by construction activity do not enter or cross protected zones.

B. Coordinate with 7-8.6.3.
7-9.1.7 Preparation
A. Locate and clearly identify trees, shrubs and other vegetation to remain or be relocated.

1. Tie 1-in. blue-vinyl tape around each tree at 54-in. above ground.

B. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing or storing construction materials. 7-9.1.8 Tree and Plant-Protection Zones
A. Protection-Zone:

1. Mulch areas inside tree protection-zones as indicated.

2. Apply 4-in. average thickness of organic mulch.

3. Do not place mulch within 6-in. of tree truck.

B. Protection-Zone Fencing: Install protection-zone fencing along edges of protection zones before materials or equipment are brought on site and construction operations begins. Keep fence tight and neat.

C. Signage: Install in visibly prominent locations at 20-ft. spacing with no fewer than 4 signs facing different directions.

D. Maintain protection zones free of weeds and trash.

E. Vehicle Crossing of Protection Zone: Lay down plywood over root zone to distribute weight of construction vehicle if access is required through protection zone. 12-in. to 18-in. thick mulch may be substituted for plywood.

F. Repair or replace trees, shrubs and other vegetation indicated to remain damaged by construction operations.
7-9.1.9 Excavation
A. Excavate at edge of protection zones and for trenches indicated within protection zones in accordance with this Article.

B. Review required trenching through protection zones with Engineer prior to starting Work.

C. Trenching Near Trees:

1. Where utility trenches or other excavations are required within protection zones, hand excavate under or around tree roots or tunnel under roots.

2. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with utility installation.

D. Redirect roots in backfill areas where practicable. If large, main lateral roots are encountered expose roots beyond excavation limits as required to bend and redirect them without breaking.

E. Exposed Roots: Do not allow exposed roots to dry out before placed permanent backfill.

1. Provide temporary earth cover or pack with peat moss and wrap with burlap.

2. Water to maintain in moist condition.

3. Temporarily support and protect roots from damage until roots are permanently relocated and covered with soil.
7-9.1.10 Root Pruning
A. Prune roots up to 1-in. in diameter affected by temporary and permanent construction by hand per ANSI A300 Part 1.

1. Cut roots manually by digging a trench and cutting exposed roots with sharp pruning instruments. Do not break, tear, chop or make slant cuts.

2. Temporarily support and protect roots from damage until roots are permanently redirected and covered by soil.

3. Cover exposed roots with burlap and water regularly.

4. Coordinate backfilling with SPPWC 300-2.

5. Coordinate work with Standard Plan SM 102.

B. Work around and/or under roots greater than 1-in. in diameter. Direct request to remove roots greater than 1-in. in diameter to Engineer for approval. 7-9.1.11 Crown Pruning
A. Prune branches to compensate for root loss per ANSI A300 Part 1.

1. Do not remove major branches that provide balance and shape. Tie up branches required to remain.

2. Prune with sharp tools.

3. Do not apply pruning paint to wounds.

B. Chip removed branches of healthy plants and dispose of on-site at locations identified by Engineer.
7-9.1.12 Regrading
A. Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade beyond protection zone. Maintain existing grades within protection zone.

B. Lowering Grade within Protection Zone: Where new finish grade is indicated below existing grade around trees, slope grade away from away from tree.

C. Root Pruning:

1. Prune tree roots exposed by lowering grade.

2. Do not cut main lateral roots or taproots.

3. Cut only smaller roots and as required for root pruning.

4. Coordinate with 7-9.1.10.

D. Raising Grade: Where new finish grade is indicated above existing grade around tree, slope grade beyond protection zone.
7-9.1.13 Repair and Replacement
A. General: Repair or replace trees, shrubs and other vegetation damaged by construction operations within 1 working day.

B. Trees: Remove and replace trees indicated to remain that are more than 25-percent dead or in unhealthy condition damaged by construction operations.

1. Provide new trees of same size and species.

C. Soil Aeration: Aerate surface soil compacted during construction 10-ft. beyond dripline and no closer than 3-ft. from tree trunk.
7-9.1.14 Disposal of Surplus and Waste Materials
A. Remove excess excavated material, trash and debris generated by Work in this Article.

B. At Project closeout, neatly roll-up protection-zone fencing and bundle posts and deliver to Owner.
7-9.2 Payment
A. All costs for protecting, removing and restoring existing improvements shall be included in Bid.

CITY OF SAN MARINO PARKS & PUBLIC WORKS DEPARTMENT

RESIDENTIAL SIDEWALK DETAILS
2200 HUNTINGTON DR

SAN MARINO CALIFORNIA USA
JAN 2018 REV AUG 2018 USE WITH STANDARD PLANS AND SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN SM 102
SHEET 1 OF 1

TYPICAL SECTION
Tree
Protection
Zone.

OG.

NOTES

1. Removal of root 1" or greater in diameter within Tree Protection Zone requires approval of City Arborist.

2. Stamped or textured concrete requires approval of City Engineer.

Compact Native Subbase
Material Underneath
Sidewalk to 90% Relative
Compaction.

TYPICAL SCORELINE DETAIL
For Other Cases, Match Adjacent Scoring.
5' Sidewalk (Typ.)
Varies
(0' Typ.)
Parkway
Varies.

Exist. Curb
and Gutter.
4" thick (Typ.)
6" thick at Driveway Aprons.

Concrete Class 520-C-2500
with Sand Finish, Fawn Color.

Exist.

Tree Root.
12"
12" R/W Line.
2%
1" Min. 5' Typ.
30" Typ. 30" Typ.

Exist.

Sidewalk. C Sidewalk. L
New
Sidewalk.

Tooled Weakened
Plane Jts. (Scorelines). LastRev: 8/8/2018 4:07 PM Filename: \\SM-FILE\RedirectedFolders\MThrone\Documents\AutoCAD LT Training Drawings\Standard Drawings\SM 102 Sidewalk.dwg

NOT USED