Agenda packet — San Marino City Council, December 14, 2022 (part 1 of 3)

CITY OF SAN MARINO
CITY COUNCIL AGENDA
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
Mario Rueda, Acting City Manager
www.cityofsanmarino.org
(626) 3000700 Phone
(626) 3000709 Fax
City Hall Council Chamber
2200 Huntington Drive
San Marino, CA 91108
REGULAR MEETING OF THE
SAN MARINO CITY COUNCIL
WEDNESDAY, DECEMBER 14, 2022 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
2200 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) 3000705 prior to the meeting for assistance.

PURSUANT TO ASSEMBLY BILL 361 (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 (COVID19) 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 COVID19, you are encouraged provide input electronically if you do not feel comfortable attending in person.

How to view or listen to the meeting from home:

1. Via Computer for Video Streaming:

Website: https://us02web.zoom.us/j/83316497270
Meeting ID: 833 1649 7270

2. Via Phone for Audio Only:

Phone Number: (669) 9009128
Meeting ID: 833 1649 7270
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PAGE 1 of 727
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 COVID19, you are encouraged provide input electronically if you do not feel comfortable attending in person.

How to view or listen to the meeting from home:

1. Via Computer for Video Streaming:

Website: https://us02web.zoom.us/j/83316497270
Meeting ID: 833 1649 7270

2. Via Phone for Audio Only:

Phone Number: (669) 9009128
Meeting ID: 833 1649 7270
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 of 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 inperson 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 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.

CITY MANAGER'S REPORT
This is an opportunity for the City Manager to inform the City Council and the public of any upcoming events or matters of interest to the community.

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.

PAGE 2 of 727
CITY MANAGER'S REPORT
This is an opportunity for the City Manager to inform the City Council and the public of any upcoming events or matters of interest to the community.

ELECTION

1. ADOPTION OF RESOLUTION NO. R2247 CERTIFYING THE
NOVEMBER 8, 2022 ELECTION RESULTS
Recommendation: Staff recommends the Council accept the official canvass of the General Municipal Election and Special Municipal Election held on November 8, 2022, and adopt Resolution No. R2247 declaring the results thereof.

CEREMONIAL

2. PRESENTATION OF CITY TILES TO, AND REMARKS FROM,
OUTGOING CITY COUNCIL MEMBERS SUSAN JAKUBOWSKI AND KEN
UDE

3. OATH OF OFFICE ADMINISTERED TO REELECTED MEMBER OF THE SAN MARINO CITY COUNCIL GRETCHEN SHEPHERD ROMEY BY
JUDGE FRANK CHEN

4. OATH OF OFFICE ADMINISTERED TO NEWLY ELECTED MEMBER OF THE SAN MARINO CITY COUNCIL TONY CHOU BY JUDGE FRANK
CHEN

5. OATH OF OFFICE ADMINISTERED TO NEWLY ELECTED MEMBER OF THE SAN MARINO CITY COUNCIL CALVIN LO BY JUDGE FRANK
CHEN

6. REMARKS FROM NEWLY ELECTED / REELECTED COUNCIL

MEMBERS

7. REORGANIZATION OF THE CITY COUNCIL BY SELECTING A MAYOR AND VICE MAYOR

8. REMARKS FROM THE NEWLY APPOINTED MAYOR
CONTINUED BUSINESS

7. REORGANIZATION OF THE CITY COUNCIL BY SELECTING A MAYOR AND VICE MAYOR

8. REMARKS FROM THE NEWLY APPOINTED MAYOR
CONTINUED BUSINESS

9. ADOPTION OF ORDINANCE NO. O221398 (SECOND READING) AUTHORIZING AN AMENDMENT TO THE CALPERS CONTRACT FOR
PEPRA FIRE MEMBERS
Recommendation: Staff recommends the Council waive full reading and adopt by title only, Ordinance No. O221398, an Ordinance of the City Council of the City of San Marino, authorizing an amendment to the contract between the governing body of the public agency and the Board of Administration of the California Public Employees’ Retirement System.

NEW BUSINESS

10. APPROVAL FOR THE CITY TO ENTER INTO AN AGREEMENT WITH BOB MURRAY & ASSOCIATES FOR THE RECRUITMENT OF THE CITY

MANAGER
Recommendation: Vice Mayor Talt and Council Member Shepherd Romey recommend the City Council approve the City to enter into an agreement with Bob Murray & Associates for the recruitment of the City Manager; and appropriate funds not to exceed $36,000 to account 1011044360000 (Recruitment) for City Manager Recruitment Services.

11. INTRODUCTION OF ORDINANCE NO. O221400 (FIRST READING) ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA BUILDING
STANDARDS CODES
Recommendation: Staff recommends the Council waive full reading and introduce by title only, Ordinance No. O221400, an Ordinance of the City of San Marino Adopting by Reference the 2022 Editions of the California Administrative, Building, Mechanical, Plumbing, Electrical, Residential, Fire, Energy, Green Building Standards, Historical Building, Existing Building, Appendix J Los Angeles County Grading Standards and Referenced Standards Codes, with Certain Amendments, Deletions and Additions, and Amending Chapter 25 of the San Marino Municipal Code.

12. APPROVAL OF TWOYEAR CONTRACT RENEWAL WITH 316
ENGINEERING AND CONSTRUCTION, INC. FOR COLLECTION
SYSTEM CLEANING AND MAINTENANCE SERVICES IN THE AMOUNT
OF $370,240
Recommendation: Staff recommends that the City Council approve a twoyear contract renewal in the amount of $370,240 with 316 Engineering and Construction, Inc., for Collection System Cleaning and Maintenance Services through December 31, 2024, and authorize the City Manager to execute the contract renewal on behalf of the City.

13. RECEIVE AND FILE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ANNUAL AUDIT) FOR THE FISCAL YEAR ENDED JUNE 30, 2022
Recommendation: Staff recommends the Council receive and file the audited financial statements for the fiscal year ended June 30, 2022.

CONSENTCALENDAR
PAGE 4 of 727
Recommendation: Staff recommends that the City Council approve a twoyear contract renewal in the amount of $370,240 with 316 Engineering and Construction, Inc., for Collection System Cleaning and Maintenance Services through December 31, 2024, and authorize the City Manager to execute the contract renewal on behalf of the City.

CONSENT CALENDAR

14. RECEIVE AND FILE MONTHLY DISBURSEMENTS REPORT FOR
NOVEMBER 2022
Recommendation: Staff recommends the Council receive and file the Monthly Disbursements Report for the month of November 2022.

15. CASH AND INVESTMENT REPORT FOR THE MONTH OF OCTOBER 2022
Recommendation: Staff recommends the Council receive and file the Cash and Investment Report for the Month of October 2022.

16. APPROVAL OF MINUTES
Recommendation: Staff recommends the Council approve the minutes of the regular meeting of November 9, 2022.

17. ADOPTION OF RESOLUTION NO. R2248 TO CONTINUE HYBRID PUBLIC MEETINGS PURSUANT TO AB 361
Recommendation: Staff recommends the Council adopt Resolution No. R2239 reauthorizing the City Council and the City’s Boards and Commissions to continue teleconference accessibility for conducting public meetings pursuant to AB 361.

18. UPDATE ON CITY RESPONSE TO THE COVID19 PANDEMIC
Recommendation: Staff recommends that the City Council receive and file the December 14, 2022 report on the City’s response to the COVID19 Pandemic.

19. ADOPTION OF ORDINANCE NO. O221399 (SECOND READING) REGARDING THE CROWELL PUBLIC LIBRARY'S CODE OF CONDUCT
Recommendation: Staff recommends the Council waive full reading and adopt by title only, Ordinance No. O221399, an Ordinance of the City Council of the City of San Marino Adding Article 19 to Chapter XIV “Library Code of Conduct” of the San Marino Municipal Code Establishing a Library Code of Conduct at the Crowell Public Library.

20. ADOPTION OF SIDE LETTER OF AGREEMENT BETWEEN THE SAN MARINO POLICE OFFICERS’ ASSOCIATION (“SMPOA”) AND THE
CITY OF SAN MARINO (“CITY”)
Recommendation: Staff recommends that the City Council adopt the Side Letter of Agreement between the San Marino Police Officers’ Association (“SMPOA”) and the City of San Marino (“City”).

21. APPROVAL OF AGREEMENT AMENDMENT NO. 1 WITH Z&K
CONSULTANTS FOR PROFESSIONAL CONSTRUCTION INSPECTION
SERVICES FOR THE STREET REHABILITATION PROGRAM PROJECT
NO. 219271 INCREASING THE COMPENSATION AMOUNT BY
$25,000 AND EXTENDING THE TERM THROUGH MARCH 31, 2023
PAGE 5 of 727
REGARDING THE CROWELL PUBLIC LIBRARY'S CODE OF CONDUCT
Recommendation: Staff recommends the Council waive full reading and adopt by title only, Ordinance No. O221399, an Ordinance of the City Council of the City of San Marino Adding Article 19 to Chapter XIV “Library Code of Conduct” of the San Marino Municipal Code Establishing a Library Code of Conduct at the Crowell Public Library.

21. APPROVAL OF AGREEMENT AMENDMENT NO. 1 WITH Z&K
CONSULTANTS FOR PROFESSIONAL CONSTRUCTION INSPECTION
SERVICES FOR THE STREET REHABILITATION PROGRAM PROJECT
NO. 219271 INCREASING THE COMPENSATION AMOUNT BY
$25,000 AND EXTENDING THE TERM THROUGH MARCH 31, 2023
Recommendation: Staff recommends the City Council approve Amendment No. 1 to the professional services agreement with Z&K Consultants for construction inspection services for the Street Rehabilitation Program Project No. 219271, increasing the compensation amount by $25,000, and extending the term through March 31, 2023, and authorize the Acting City Manager to execute the amendment on behalf of the City.

22. AUTHORIZATION OF PURCHASE OF POLICE VEHICLE FROM
NATIONAL AUTO FLEET USING AIR QUALITY FUNDS IN AN AMOUNT NOT TO EXCEED $52,720
Recommendation: Staff recommends that the City Council authorize the purchase of a Ford F150 for the San Marino Police Department from National Auto Fleet using Air Quality Funds in an amount not to exceed $52,720, and appropriate an additional $6,410 of Air Quality Funds to Account 2123046130500 (Detective Car Replacement).

23. APPROVAL TO PROCURE THE FARO TECHNOLOGIES INC. LASER SCANNER SYSTEM AND A COMPUTER FROM INTELESYS IN AN
AMOUNT NOT TO EXCEED $55,693, AND TO, WAIVE BIDDER
REQUIREMENTS PER SMCC 02.06.05.B.2B
Recommendation: Staff recommends the City Council approve and authorize the Acting City Manager to purchase the FARO Laser Scanner and computer not to exceed $55,693.

24. APPROVAL TO PURCHASE FIRE DEPARTMENT COMMAND VEHICLE Recommendation: Staff recommends the Council approve the purchase of one 2023 Chevrolet Tahoe from National Auto Fleet Group and approve a budget amendment and appropriation of $15,286 from the Capital Equipment Fund reserves to account 5913446139300. Further, in the event of unavailability of that vehicle, authorize purchase of the next lowest priced available vehicle from among the quotes received and approve a budget amendment and appropriation from the Capital Equipment Fund reserves in the amount necessary to cover the additional cost of such vehicle, not to exceed $25,000.

25. APPROVAL OF RESOLUTION R2249 CHANGING THE MEETING LOCATION OF THE PUBLIC SAFETY COMMISSION
Recommendation: Staff recommends the Council approve Resolution R2249 changing the location of Public Safety Commission Meetings to Council Chambers at City Hall.
26APPROVALOFTHEINSTALLATIONOFSTREETPOLEBANNERSIN
PAGE 6 of 727
5913446139300. Further, in the event of unavailability of that vehicle, authorize purchase of the next lowest priced available vehicle from among the quotes received and approve a budget amendment and appropriation from the Capital Equipment Fund reserves in the amount necessary to cover the additional cost of such vehicle, not to exceed $25,000.

26. APPROVAL OF THE INSTALLATION OF STREET POLE BANNERS IN RECOGNITION OF LUNAR NEW YEAR
Recommendation: Staff recommends that the City Council approve a request from the Chinese Club of San Marino that is in accordance with Resolution No. R1422 for the installation and display of banners between January 9, 2023 through March 1, 2023, subject to reimbursement of onehalf of the installation costs by the Chinese Club of San Marino.

27. APPROVAL TO WAIVE SPACE RESERVATION FEES FOR LUNAR NEW YEAR FESTIVAL IN LACY PARK
Recommendation: Staff recommends the Council approve the waiving of reservation fees for the Chinese Club Lunar New Year Festival.

WRITTEN COMMUNICATIONS OR PUBLIC WRITINGS DISTRIBUTION
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: December 9, 2022 CHRISTINA BAKER
Posted: December 9, 2022 CITY CLERK
PAGE 7 of 727
City Manager’s Report and
Operational Dashboard
December 14, 2022 Recap
0 0 0
1 0 0
1 0 0 0 0 0
1 0 0
Jul Aug Sept Oct 0 Nov 0 Dec Jan Feb Mar Apr May Jun
Emergency Medical Services - Return of Spontaneous
Circulation
FY 21-22 FY 22-23
0 0
2 1
0 1 2
0 1
0 0 0
3 4
1 1
1 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Emergency Medical Services - Cardiac Arrests
FY 21-22 FY 22-23
74 60
66 75
55 89
86 75
67 64 62
78 90 81
108
83 95
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Out-of-City Incidents
FY 21-22 FY 22-23
79 79
72 80
85 119
94 69 75
87 92
75 94
97 92 93 95
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
In-City Incidents
FY 21-22 FY 22-23
FIRE
FY 21-22
Total: 940
FY 22-23 :
471
FY 21-22
Total: 733 FY 22-23:
457
FY 21-22
Total: 14
FY 22-23:
10 FY 22-23:
1 FY 21-22
Total: 1
0:01:05
0:01:05
0:00:54
0:01:16 0:01:11
0:01:02
0:00:53
0:01:15
0:00:55
0:01:18
0:01:08
0:01:19
0:01:11
0:01:46 0:01:37 0:01:31 0:01:12
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Perentile Response Time: Fire Turnout
FY 21-22 FY 22-23
0:06:46
0:05:38
0:05:41
0:05:37 0:05:56 0:06:05 0:06:19
0:06:38 0:06:40 0:06:14
0:05:51
0:06:17 0:06:08 0:05:04
0:06:06
0:05:53 0:06:19
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Percentile Response Time: Overall Response
FY 21-22 FY 22-23
0:00:52 0:00:48
0:01:02
0:00:52
0:00:57
0:01:15 0:01:08 0:01:18
0:01:12
0:01:10 0:01:05 0:01:08
0:00:49 0:00:48 0:00:52 0:00:55
0:01:07
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Percentile Response Time: EMS Turnout
FY 21-22 FY 22-23
FIRE
FY 21-22
Avg: 0:01:25
FY 22-23 Avg:
0:00:54
FY 21-22
Avg: 0:01:40
FY 22-23 Avg:
0:01:27
FY 21-22
Avg: 0:06:02
FY 22-23 Avg:
0:05:54
12 18
28 16
19 18 16
11 8
20 19 19
15 18
18 22
11 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Part 1 Crimes*
FY 21-22 FY 22-23
0 3
1 1
0 0
0 0
2 2
0 2 2
2 2 2
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Community Engagement Events
FY 21-22 FY 22-23
POLICE
*Part 1 Crimes include homicide, rape, robbery, aggravated assault, burglary, larceny, auto theft, and arson
November 2022 FY to Date
Speed (2) Speed (13)
Failure to obey a sign (1) Failure to obey a sign (4)
Unsafe Passing (1) Unsafe Passing (6)
Unsafe lane change (1) Unsafe lane change (7)
Top Causes of Collisions
FY 21-22 Total:
204
FY 22-23:
84 FY 21-22 Total:
11 FY 22-23 :
8 5
6 1
2 5 5
2 2
4 3
7 4
7 2
1 0
1 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
New Businesses
FY 21-22 FY 22-23
13 7
12 10 3 2
6 3 2 3
1 3
8 18
2 11 9
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Tree Removal Permits Issued
FY 21-22 FY 22-23
93 88 91
77 52
70 76
82 74 67
102
94 92
73 72
57 62
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Building Permits Issued
FY 21-22 FY 22-23

COMMUNITY DEVELOPMENT
FY 22-23:
356
FY 21-22 Total:
966
FY 22-23:
11 FY 22-23:
48 FY 21-22 Total:
46 FY 21-22 Total:
65 71 75 78
88 68
41 38
69 49
67 64
74 69
62 63 65 63
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Open Code Enforcement Cases
FY 21-22 FY 22-23
2 5
4 4
1 3
4 3
5 5
3 6
5 5
6 8
2 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
ADU Applications Submitted
FY 21-22 FY 22-23
4 1 1
2 3
2 3
1 4
1 4
0 2
0 5
0 5
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
ADU Permits Issued
FY 21-22 FY 22-23

COMMUNITY DEVELOPMENT
FY 22-23:
12 FY 21-22 Total:
26 FY 21-22 Total:
45 FY 21-22 Total:
65 FY 22-23:
26 FY 22-23:
64 1053
1000
958 927
928
928 1030 870
830 1130
985 927
1053
1078
915 916
998
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Circulation: Digital Catalog
FY 21-22 FY 22-23
13667 13913
13582 14406
12954 12826
14677 13387 15691 14826
13125
16402 15103 15417
10734
12954
11469
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Circulation: In Person*
FY 21-22 FY 22-23
8048
1606 785
3856
644 412
509
533 1045
4745
764
2327
10654
2035
1412
3183
755
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Total Participants
FY 21-22 FY 22-23
40 20
58 27 28
17 29
17 36
61 32
146
109
19 46
50 37
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Programs Offered
FY 21-22 FY 22-23

COMMUNITY SERVICES
FY 22-23:
261
FY 21-22 Total:
511
FY 21-22 Total:
25,274
FY 21-22 Total:
169,456
FY 21-22 Total:
11,566
FY 22-23:
18,039
FY 22-23:
65,677
FY 22-23:
4,960
$5,277,926
$3,974,682
$2,004,400
$2,323,748
$1,662,169
$2,224,713
$1,711,798
$1,958,069
$1,815,968
$2,438,493
$1,793,115
$2,289,607
$6,092,921
$1,852,153
$2,511,689
$2,135,723
$2,782,920
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Expenses
FY 21-22 FY 22-23
$343,813
$959,400
$792,531
$830,473
$1,180,975
$8,837,915
$3,990,941
$2,229,889
$994,811
$6,841,759
$4,137,175
$547,833
$1,629,687
$1,041,401
$720,913
$1,401,364
$436,538
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Revenues
FY 21-22 FY 22-23

FINANCE
Note: November numbers are preliminary until books are officially closed next month.

FY 21-22 Total:
$31.7m
FY 22-23:
$5.2m
FY 21-22 Total:
$29.5m
FY 22-23:
$15.4m
$95,726
$173,033
$144,289
$191,509
$147,045
$112,783
$131,142
$118,226
$127,680
$175,900
$104,801
$312,638
$114,095
$100,341
$187,889
$116,027
$127,743
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Overtime Expenses
FY 21-22 FY 22-23
$3,346 $4,570
$9,848
$32,477
$8,057
$107,977
$21,356 $22,680
$31,062
$22,934
$8,539
$17,268
$12,524
$17,489
$29,365
$15,279 $145
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
COVID-19 Expenses
FY 21-22 FY 22-23

FINANCE
Note: November numbers are preliminary until books are officially closed next month.

FY 21-22 Total:
$290,000 FY 21-22 Total:
$1.8m
FY 22-23:
$75,000
FY 22-23:
$646,000
$36,168,260 $35,388,265
$32,098,787
$30,384,198 $29,992,080
$36,414,654
$38,873,966
$39,427,777
$37,844,008
$42,640,801
$45,028,030
$43,845,441
$40,325,291
$39,295,610
$37,543,179
$37,117,908
$34,666,146
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Overall Cash Balance (In Bank)
FY 21-22 FY 22-23
$12,141,237
$11,098,528
$9,977,397
$8,266,637
$7,630,634
$14,185,998
$16,320,709
$16,819,605
$13,591,781
$17,966,866
$20,264,919
$18,455,094 $14,355,537 $13,041,243
$11,127,709
$9,739,435
$8,313,074
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
General Fund Balance
FY 21-22 FY 22-23

FINANCE
Note: September numbers are preliminary until books are officially closed next month. 58% 52% 48%
59%
59%
50% 50%
47% 50% 53% 57%
57%
67% 67%
57%
54%
70%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Performance Appraisal Completion Rate
FY 21-22 FY 22-23

2.9%

7.7% 3.8% 7.7%

9.0% 8.8%

9.0% 9.0% 8.8%

9.0%

8.7% 8.7% 9.1% 9.0%

8.9%

8.9% 8.9%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Full-Time Position Vacancy Rate
FY 21-22 FY 22-23
70 64
61 57 56 53 51 52 51 47 54
62 59
42 41 40 41
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Part-Time Employees
FY 21-22 FY 22-23
101
96 100
96 94
92 94
93 92 93
91 93
94 98
97 97
97 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Full-Time Employees
(108 budgeted)
FY 21-22 FY 22-23

HUMAN RESOURCES
FY 22-23:
97 FY 21-22 AVG:
95 FY 21-22 AVG:
57 FY 21-22 AVG:

7.8% FY 21-22 AVG:
53%
FY 22-23:
45 FY 22-23:

8.9% FY 22-23:
63%
25 2
8 8
48 21
51 35
43 30
36 48
45 25 18
14 18
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Cumulative Workers' Comp Days Off
FY 21-22 FY 22-23
1 5
1 2
9 1
12 5
0 1
8 4
3 4 3
7 0
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Claims (New)
FY 21-22 FY 22-23
37 40 40
38 45 44 48 47
41 43
52 52 54
52 53
56 58
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Claims (Total Open)
FY 21-22 FY 22-23

HUMAN RESOURCES
FY 21-22 AVG:
44 FY 22-23:
55 FY 21-22 Total:
49 FY 22-23:
17 FY 22-23:
120
FY 21-22 Total:
355
100% 100% 100% 100%
100%
100% 100%
100%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Customer Survey Rating of Good/Superior
FY 21-22 FY 22-23
7 6
0 0
1 1
1 0 0 0
1 1
0 1
0 0 0
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Customer Service Surveys Received
FY 21-22 FY 22-23
48%
83% 83%
89%
85% 85% 82% 83%
88%
90% 87% 86% 88% 84% 85% 92%
84%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Service Requests Closed Within 5 Business Days
FY 21-22 FY 22-23
55 57
89 82
71 39
55 58
68 61
54 49
42 60
66 38
44 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Maintenance Service Requests Opened
FY 21-22 FY 22-23

PARKS & PUBLIC WORKS
FY 21-22 AVG:
82%
FY 21-22
Total: 738
FY 21-22 Total:
18 FY 21-22 AVG:
100%
FY 22-23:
250
FY 22-23:
87%
FY 22-23:
100%
FY 22-23:
1 4%
3%
2%
1%
6%
3%
6%
9%
3% 5% 4%
4% 4%
8%
5%
4%
4%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Fleet Out of Service More Than 3 Business Days
FY 21-22 FY 22-23
4 4
2 2
3 2 2 2 2 2 2 2 2 2
3 3 3
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Capital Projects in Construction
FY 21-22 FY 22-23
2 2 2
3 3
3 5
4 5 5 5 5 5
3 2
2 2
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Capital Projects in Design
FY 21-22 FY 22-23

PARKS & PUBLIC WORKS
FY 21-22 AVG:

4.2% FY 22-23:

5.0%
2 0
27 1
6 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Proclamations and Certificates Prepared
FY 22-23
0 0
1 2
1 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Claims Received
FY 22-23
5 6
9 9
10 8
5 9 9
8 9
7 5
9 10
6 8
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Average Time to Respond to Public Record Requests
FY 21-22 FY 22-23
28 36
47 33 35
19 23 21
28 36
31 23
23 22
16 18
24 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Public Record Requests Received
FY 21-22 FY 22-23
CMO: CITY CLERK
FY 21-22 Total:
360 FY 22-23:
103
11 3
4 5
1 10
2 2
1 1
1 2
6 4
3 3
1 1
4 3
1 2
City Manager's Office
Finance
Human Resources
Community Development
Parks & Public Works
Fire
Police
Community Services
# of Agenda Items by Department (FY 22-23)
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
CMO: CITY CLERK
6,700 6,300
4,100
5,800
6,400
8,600
6,400
8,400
9,600
6,400
Facebook Instagram
Social Media Reach
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
1158
1185 1190
1207
1228
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Weekly Briefing Sign-Ups (Total)
FY 22-23
2 1
2 0
1 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Special Event Permits Processed
FY 22-23
6 14
11 8
7 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Film Permits Processed
FY 22-23
CMO: COMMUNITY ENGAGEMENT
TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Christina Baker, City Clerk
DATE: December 14, 2022
SUBJECT: ADOPTION OF RESOLUTION NO. R-22-47 CERTIFYING
THE NOVEMBER 8, 2022 ELECTION RESULTS

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

BACKGROUND
Pursuant to the San Marino Municipal Code Section 2.02.01, the City’s General Municipal Election and a Special Municipal Election were held on November 8, 2022. Three (3) City Council seats, each serving a full term of four (4) years, were up for election. In addition, Measure Z (Vacancy Tax) was placed on the November 8, 2022 ballot through a Special Municipal Election for voter consideration. The results of the elections have been certified by the RegistrarRecorder/County Clerk of the County of Los Angeles, and the certification of the results and Statement of Votes are attached to the resolution as “Exhibit A.”

DISCUSSION
There were 9,147 registered voters in the City of San Marino for this year’s election. The results certified by the Registrar-Recorder/County Clerk of the County of Los Angeles on December 5, 2022 and are considered final and are now being forwarded to the City Council for approval. The number of ballots cast in the election was 5,178, which is a 56.6 % voter turnout.

The count reflects the total number of ballots cast by the City’s electorate either by vote by mail or at physical polling locations. The results of the Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
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election indicate that the top three (3) candidates for the City Council, having received the most votes, are: Gretchen Shepherd Romey, Tony Chou, and Calvin Lo.

In addition, the final results of the votes cast for Measure Z (Vacancy Tax) reflect that 2,652 votes were cast in support of Measure Z, and 2,101 votes were cast in opposition to Measure Z. The measure required a two-thirds (2/3) or 66.67% vote in favor to pass. The votes in favor of the measure totaled

55.80%, Measure Z was therefore not approved.

FISCAL IMPACT & PROCUREMENT REVIEW
There is no fiscal impact to certifying the election.

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

RECOMMENDATION
Staff recommends the Council accept the official canvass of the General Municipal Election held on November 8, 2022, and adopt Resolution No. R-22- 47 declaring the results. If Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to accept the official canvass of the General Municipal Election and Special Municipal Election held on November 8, 2022, and adopt Resolution No. R-22-47 declaring the results thereof.”

ATTACHMENTS

1. Resolution No. R-22-47

2. Exhibit A - County Certification of Results and Statement of Votes PAGE 26 of 727
RESOLUTION NO. R-22-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA, RECITING THE FACT

OF THE GENERAL MUNICIPAL ELECTION AND

SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER
8, 2022; DECLARING THE RESULTS AND SUCH OTHER

MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election and a Special Municipal Election were held and conducted in the City of San Marino, California, on Tuesday, November 8, 2022, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law; that candidates were nominated to fill the vacancies as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the laws of the State of California relating to general law cities; and
WHEREAS, the Registrar-Recorder/County Clerk of the County of Los Angeles canvassed the returns of the election and has certified the results to the City Council, the results are received, attached and made a part of hereof Exhibit A;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the whole number of ballots cast in the precincts except vote by mail ballots was 704. That the whole number of vote by mail ballots cast in the City was 4,474, making a total of 5,178 ballots cast in the City.

SECTION 2. That the names of the persons voted for at the election for Member of the City Council are as follows:

SUBHADRA (SU) VISWANATHAN, TONY CHOU,

GRETCHEN SHEPHERD ROMEY, DIANA MILKIE NIXON,
GRANT FUJIWARA, CALVIN LO, AND STEVEN JONES.

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CITY OF SAN MARINO RESOLUTION NO. R-22-47

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SECTION 3. That the question for Measure Z voted upon at the election was as follows:

Shall the measure to levy an annual special parcel tax
on specified vacant commercial and residential
properties within the City of San Marino to fund
public safety services (including police, fire
protection, and code enforcement), maintenance of
school facilities and school staffing, in the flat
amount of $10,000, estimated to generate $4,700,000
annually (assuming a 10% vacancy rate), subject to
an annual cost of living increase, for ten years, be
adopted?
YES
NO
SECTION 4. That the number of votes cast at each precinct, and the number of votes cast in the City for each above-named candidate for Member of the City Council, and for and against Measure Z are set forth in Exhibit “A,” which is attached hereto and incorporated herein by this reference.

SECTION 5. The City Council does declare and determine that GRETCHEN SHEPHERD ROMEY was re-elected as Member of the City Council for the term ending December 9, 2026, and that TONY CHOU and CALVIN LO were elected as Members of the City Council for the term ending December 9, 2026.

That as a result of the special election, there was not at least two-thirds (2/3) of the voters voting on Measure Z relating to the Vacancy Tax that voted in favor of the measure, and that the measure was not approved.

SECTION 6. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election showing: (1) the whole number of ballots cast in the City; (2) the names of the persons voted for; (3) the measures voted upon; (4) for what office each person was voted for; (5) the number of votes cast at each precinct for each person, and for and against each measure; (6) the total number of votes cast for each person, and for and against each measure.

SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the books of original resolutions.

PASSED, APPROVED AND ADOPTED on this 14th day of December, 2022.

MAYOR

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CITY OF SAN MARINO RESOLUTION NO. R-22-47

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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 San Marino, California, hereby certify that Resolution No. R-22-47 was adopted by the City Council of the City of San Marino at a regular meeting held on the 14th day of December, 2022, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO
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ITEM 2: PRESENTATION OF CITY TILES TO, AND

REMARKS FROM, OUTGOING CITY COUNCIL MEMBERS

SUSAN JAKUBOWSKI AND KEN UDE
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ITEM 3: OATH OF OFFICE ADMINISTERED TO REELECTED MEMBER OF THE SAN MARINO CITY COUNCIL

GRETCHEN SHEPHERD ROMEY BY JUDGE FRANK CHEN
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ITEM 4: OATH OF OFFICE ADMINISTERED TO NEWLY

ELECTED MEMBER OF THE SAN MARINO CITY COUNCIL

TONY CHOU BY JUDGE FRANK CHEN
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ITEM 5: OATH OF OFFICE ADMINISTERED TO NEWLY

ELECTED MEMBER OF THE SAN MARINO CITY COUNCIL

CALVIN LO BY JUDGE FRANK CHEN
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ITEM 6: REMARKS FROM NEWLY ELECTED / RE-ELECTED

COUNCIL MEMBERS
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ITEM 7: REORGANIZATION OF THE CITY COUNCIL BY

SELECTING A MAYOR AND VICE MAYOR
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ITEM 8: REMARKS FROM THE NEWLY APPOINTED
MAYOR
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TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Lizette Guerrero, Human Resources Director
DATE: December 14, 2022
SUBJECT: ADOPTION OF ORDINANCE NO. O-22-1398 (SECOND

READING) AUTHORIZING AN AMENDMENT TO THE

CALPERS CONTRACT FOR PEPRA FIRE MEMBERS

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

BACKGROUND
The City of San Marino’s Fire Fighter’s Association (FFA) Memorandum of Understanding (MOU), previously adopted on January 31, 2020, expired on June 30, 2022. The City Council recently adopted the FFA MOU on September 30, 2022. This MOU contains provisions related to the compensation and working conditions for the employee association.

DISCUSSION
At the Council’s direction, the City and employee association engaged in the meet-and-confer process for several months and agreed to a contract modification for PEPRA Fire Members. The Public Employees’ Retirement Law permits the participation of public agencies and their employees in the Public Employees’ Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law.

One of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency to adopt Ordinance authorizing an amendment to the contract between the governing body of the public agency Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
PAGE 43 of 727
and the Board of Administration of the California Public Employees’ Retirement System.

The Statement of the proposed change is to provide Section 7522.25(d) (2.7% @ 57 Full formula) for all current second tier new local fire members prospectively and for those new local fire members hired on and after the effective date of this amendment to the contract. The change in Employer Normal Cost Rate is 2.28%. All provisions negotiated were pursuant to the City Council’s direction.

FISCAL IMPACT & PROCUREMENT REVIEW
The total cost for approving the proposed amendment for FY 2022-23 is $15,235. No additional budget appropriation is necessary at this time as the City Council approved the FFA MOU budget appropriation at the September 30, 2022 City Council Meeting.

Procurement review is not applicable.

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

RECOMMENDATION
Staff recommends the Council adopt Ordinance No. O-22-1398. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
”I move to waive full reading and adopt by title only, Ordinance No. O-22- 1398, an Ordinance of the City Council of the City of San Marino, authorizing an amendment to the contract between the governing body of the public agency and the Board of Administration of the California Public Employees’ Retirement System.”

ATTACHMENTS

1. Fire Fighters’ Association (FFA) Memorandum of Understanding (MOU)

2. Ordinance No. O-22-1398

3. Exhibit A – Amendment to Contract

4. Amendment Actuarial Valuation
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ORDINANCE NO. O-22-1398

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA AUTHORIZING AN

AMENDMENT TO THE CONTRACT BETWEEN THE

CITY COUNCIL OF SAN MARINO AND THE BOARD OF

ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:

SECTION 1. That an amendment to the contract between the City Council of the City of San Marino and the Board of Administration, California Public Employees’ Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full.

SECTION 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City Council of the City of San Marino.

SECTION 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 30 days from the passage thereof shall be published at least in summary in the San Marino Tribune, a newspaper of general circulation, published and circulated in the City of San Marino and thenceforth and thereafter the same shall be in full force and effect.

PASSED, APPROVED, AND ADOPTED this 14th day of December, 2022. _____________________________

SUSAN JAKUBOWSKI
MAYOR
ATTEST:
___________________________

CHRISTINA BAKER

CITY CLERK
APPROVED AS TO FORM:
____________________________

JOSEPH MONTES

CITY ATTORNEY
PAGE 96 of 727

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SAN MARINO )
I HERBY CERTIFY that the foregoing Ordinance No. O-22-1398, was introduced at a Regular Meeting of the City Council held on the 9
th day of November, 2022, and was approved
and adopted at a Regular Meeting of the City Council held on the 14 th day of December, 2022, by
the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTINA BAKER

CITY CLERK
PAGE 97 of 727

EXHIBIT
California
Public Employees’ Retirement System

AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees’ Retirement System
and the
City Council
City of San Marino

The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1950, and witnessed May 24, 1950, and as amended effective July 1, 1954, July 1, 1959, December 1, 1972, January 1, 1976, October 1, 1984, January 16, 1986, September 16, 1993, June 10, 2000, April 14, 2001, July 15, 2006, May 31, 2010, July 1, 2012, November 18, 2012, October 6, 2013, and January 31, 2016, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 19 are hereby stricken from said contract as executed effective January 31, 2016, and hereby replaced by the following paragraphs numbered 1 through 20 inclusive:

PAGE 98 of 727

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age” shall mean age 55 for classic local miscellaneous members entering membership in the miscellaneous classification on or prior to July 1, 2012, age 60 for classic local miscellaneous members entering membership for the first time in the miscellaneous classification after July 1, 2012, age 62 for new local miscellaneous members, age 50 for classic local fire members entering membership in the fire classification on or prior to July 15, 2006, and for those classic local police members entering membership in the police classification on or prior to November 18, 2012, age 55 for classic local fire members entering membership for the first time in the fire classification after July 15, 2006, and for those classic local police members entering membership for the first time in the police classification after November 18, 2012, and age 57 for new local safety members.

2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1950, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees’ Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees’ Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency’s election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency’s prior non-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency’s election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees’ existing retirement benefits, provisions or formulas.

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(c) Public Agency’s agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees’ Retirement Law.

4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).

5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:

NO ADDITIONAL EXCLUSIONS

6. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member entering membership in the miscellaneous classification on or prior to July 1, 2012, shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full).

7. The percentage of final compensation to be provided for each year of credited current service as a classic local miscellaneous member entering membership for the first time in the miscellaneous classification after July 1, 2012, shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full).

8. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).

9. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local fire member entering membership in the fire classification on or prior to July 15, 2006, and for those classic local police members entering membership in the police classification on or prior to November 18, 2012, shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).

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10. The percentage of final compensation to be provided for each year of credited current service as a classic local fire member entering membership for the first time in the fire classification after July 15, 2006, shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full).

11. The percentage of final compensation to be provided for each year of credited current service as a classic local police member entering membership for the first time in the police classification after November 18, 2012, shall be determined in accordance with Section 21369 of said Retirement Law (2% at age 55 Full).

12. The percentage of final compensation to be provided for each year of credited prior and current service as a new local police member shall be determined in accordance with Section 7522.25(b) of said Retirement Law (2% at age 57 Full).

13. The percentage of final compensation to be provided for each year of credited prior and current service as a new local fire member entering membership in the fire classification on or prior to October 6, 2013, shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).

14. The percentage of final compensation to be provided for each year of credited current service as a new local fire member entering membership for the first time in the fire classification after October 6, 2013, and prior to the effective date of this amendment to contract shall be determined in accordance with Section 7522.25(b) of said Retirement Law (2% at age 57 Full).

15. The percentage of final compensation to be provided for each year of credited current service as a new local fire member in employment or entering membership for the first time in the fire classification on and after the effective date of this amendment to contract shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).

16. Public Agency elected and elects to be subject to the following optional provisions:
a. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). b. Section 20042 (One-Year Final Compensation) for classic local fire members, classic local miscellaneous members entering membership on or prior to July 1, 2012, and for those classic local police members entering membership on or prior to November 18, 2012.
c. Section 21573 (Third Level of 1959 Survivor Benefits) for local police members only.

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d. Section 20475 (Different Level of Benefits): Section 21363.1 (3% @ 55 Full formula) is applicable to classic local fire members entering membership for the first time with this agency in the fire classification after July 15, 2006.

Section 21353 (2% @ 60 Full formula) and Section 20037 (Three- Year Final Compensation) are applicable to classic local miscellaneous members entering membership for the first time with this agency in the miscellaneous classification after July 1, 2012.

Section 21369 (2% @ 55 Full formula) and Section 20037 (Three-Year Final Compensation) are applicable to classic local police members entering membership for the first time with this agency in the police classification after November 18, 2012.

Section 7522.25(b) (2% @ 57 Full formula) is applicable to new local fire members entering membership for the first time with this agency in the fire classification after October 6, 2013, and prior to the effective date of this amendment to contract.
e. Section 20903 (Two Years Additional Service Credit). f. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members and local fire members only.

17. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.

18. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local police members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local fire members.

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c. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

19. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.

20. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances.

Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.

B. This amendment shall be effective on the _____ day of _______________, ______.

BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CITY OF SAN MARINO
BY____________________________________ BY______________________________

MELODY BENAVIDES, CHIEF PRESIDING OFFICER

PENSION CONTRACTS AND PREFUNDING

PROGRAMS DIVISION
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
________________________________
Witness Date
Attest:
________________________________
Clerk
AMENDMENT CalPERS ID #2165711850
PERS-CON-702A
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California Public Employees’ Retirement System
Actuarial Office
400 Q Street, Sacramento, CA 95811 |Phone: (916) 795-3000 | Fax: (916) 795-2744 888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442 | www.calpers.ca.gov June 2022
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO (CalPERS ID: 2165711850)
Amendment Actuarial Valuation Report as of June 30, 2020 Re: 2.7% @ 57 PROSPECTIVE FORMULA ENHANCEMENT
Dear Requestor:

A cost analysis for the requested proposed contract amendment(s) and related information is enclosed.

The change in the employer contribution rate, as of the effective date of the proposed amendment, is displayed on page 5 of the attached cost analysis.

If you are aware of others interested in this information (i.e., payroll staff, county court employees, port districts, etc.), please inform them. Sections 20463 (b) and (c) of the California Public Employees' Retirement Law require the governing body of a public agency which requests a contract amendment cost analysis to provide each affected employee organization with a copy within five days of receipt. Likewise, if this cost analysis is requested by an employee organization, the employee organization is required to provide a copy of the analysis to the public agency within five days of receipt.

This cost analysis expires July 1, 2023. A Resolution of Intention (R of I) approved by the agency governing body to amend the contract must be received by this office on or before July 1, 2023 and the amendment effective date must be before July 1, 2023. If either of these two conditions is not met, an updated cost analysis is required to amend the contract.

To complete the contract amendment process based on the enclosed analysis, you must do the following:
• Follow the Contract Amendment Request process on my|CalPERS and work with our Retirement Contract Services Unit.
• Complete the adopted R of I and return to CalPERS on or before July 1, 2023. Adoption of the Final Resolution by this date is not required.

If you have questions about the cost analysis, please call (888) CalPERS (225-7377). Please ask to speak to a contract analyst for questions about the timing of the contract amendment. Please ask to speak to me for questions about this cost analysis.

ALEX GRUNDER, ASA, MAAA
Associate Pension Actuary, CalPERS
Enclosures
PAGE 104 of 727
Amendment Actuarial Valuation
as of June 30, 2020
for the

PEPRA SAFETY FIRE SECOND TIER PLAN
of the

CITY OF SAN MARINO
(CalPERS ID: 2165711850)
Required Contributions
for Fiscal Years
July 1, 2022 – June 30, 2023
PAGE 105 of 727
Table of Contents
Actuarial Certification 1
Highlights and Executive Summary
Introduction 3
Proposed Amendment 3
Purpose of the Report 4
Required Contributions 5
Plan’s Funded Status 7
Projected Employer Contributions 8
Liabilities and Contributions
Accrued Liabilities and Development of Plan Assets 10
Schedule of Amortization Bases 11
Amortization Schedule and Alternatives 13
PEPRA Member Contribution Rates 15
Risk Analysis
Future Investment Return Scenarios 17
Discount Rate Sensitivity 19
Mortality Rate Sensitivity 21
Maturity Measures 22
Hypothetical Termination Liability 24
Participant Data 25
List of Class 1 Benefit Provisions 25
Major Benefit Options 26
PAGE 106 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Actuarial Certification
To the best of our knowledge, this report is complete and accurate and contains sufficient information to disclose, fully and fairly, the cost impact of proposed amendment(s) to the PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO This valuation is based on the member and financial data as of June 30, 2020 provided by the various CalPERS databases and the benefits under this plan with CalPERS as of the date this report was produced. It is my opinion that the valuation has been performed in accordance with generally accepted actuarial principles, in accordance with standards of practice prescribed by the Actuarial Standards Board, and that the assumptions and methods are internally consistent and reasonable for this plan, as prescribed by the CalPERS Board of Administration according to provisions set forth in the California Public Employees’ Retirement Law.

The undersigned is an actuary for CalPERS, a member of the American Academy of Actuaries and the Society of Actuaries, and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein.

ALEX GRUNDER, ASA, MAAA
Associate Pension Actuary, CalPERS
PAGE 107 of 727
Highlights and Executive Summary
• Introduction
• Proposed Amendment
• Purpose of the Report
• Required Contributions
• Plan’s Funded Status
• Projected Employer Contributions
PAGE 108 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Introduction
This report presents the results of the June 30, 2020 amendment actuarial valuation of the PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO of the California Public Employees’ Retirement System (CalPERS). This actuarial valuation sets forth the required employer contributions for Fiscal Year 2022-2023 should the proposed amendment be adopted.

Proposed Amendment
This amendment actuarial valuation report reflects the following proposed benefit provision changes:
• 2.7% @ 57 Prospective Benefit Formula
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CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Purpose of the Report
This report for the PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO of the California Public Employees’ Retirement System (CalPERS) was prepared by the plan actuary in order to:
• Set forth the amended normal cost and accrued liabilities of this plan as of June 30, 2020; • Determine the minimum required employer contribution for this plan for fiscal years July 1, 2022 through June 30, 2023 if the proposed amendment(s) is adopted; and • Determine the required member contribution rates for PEPRA members for fiscal years July 1, 2022 through June 30, 2023 if the proposed amendment(s) is adopted.

The pension funding information presented in this report should not be used in financial reports subject to GASB Statement No. 68. A separate accounting valuation report for annual GASB reporting purposes is available from CalPERS and details for ordering are available on our website.

The measurements shown in this actuarial valuation may not be applicable for other purposes. The employer should contact their actuary before disseminating any portion of this report for any reason that is not explicitly described above.

Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; changes in actuarial policies; and changes in plan provisions or applicable law.

California Actuarial Advisory Panel Recommendations
This report includes all the basic disclosure elements as described in the Model Disclosure Elements for Actuarial Valuation Reports recommended in 2011 by the California Actuarial Advisory Panel (CAAP), with the exception of including the original base amounts of the various components of the unfunded liability in the Schedule of Plan’s Amortization Bases shown on page 12.

Additionally, this report includes the following “Enhanced Risk Disclosures” also recommended by the CAAP in the Model Disclosure Elements document and consistent with the recommendations of Actuarial Standard of Practice No. 51:
• A “Scenario Test,” projecting future results under different investment income scenarios. • A “Sensitivity Analysis,” showing the impact on current valuation results using alternative discount rates of 6.0 percent and 8.0 percent.
• A “Sensitivity Analysis,” showing the impact on current valuation results using a 1.0 percent plus or minus change in the inflation rate.
• A “Sensitivity Analysis,” showing the impact on current valuation results assuming post-retirement rates of mortality are 10 percent lower or 10 percent higher than our current mortality assumptions adopted in 2017. This type of analysis highlights the impact on the plan of improving or worsening mortality over the long-term.
• Plan maturity measures which indicate how sensitive a plan may be to the risks noted above.

PAGE 110 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Required Contributions
This section details how the amendment would affect the rates for the PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO should this amendment be adopted.

Pre-Amendment
Fiscal Year
Required Employer Contribution 2022-23
Employer Normal Cost Rate 11.38%
Plus
Required Payment on Amortization Bases $6,857
Paid either as
1) Monthly Employer Dollar UAL Payment $571.42
Or
2) Annual UAL Prepayment Option* $6,629
Required PEPRA Member Contribution Rate 10.75%
Post-Amendment
Fiscal Year
Required Employer Contribution 2022-23
Employer Normal Cost Rate 13.66%
Plus
Required Payment on Amortization Bases $6,857
Paid either as
3) Monthly Employer Dollar UAL Payment $571.42
Or
4) Annual UAL Prepayment Option* $6,629
Required PEPRA Member Contribution Rate 13.75%
PAGE 111 of 727
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PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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The total minimum required employer contribution is the sum of the Plan’s Employer Normal Cost Rate (expressed as a percentage of payroll) plus the Employer Unfunded Accrued Liability (UAL) Contribution Amount (billed monthly in dollars).
* Only the UAL portion of the employer contribution can be prepaid (which must be received in full no later than July 31). Any prepayment totaling over $5 million requires a 72-hour notice email to [email protected]. Plan Normal Cost contributions will be made as part of the payroll reporting process. If there is contractual cost sharing or other change, this amount will change.

In accordance with Sections 20537 and 20572 of the Public Employees’ Retirement Law, if a contracting agency fails to remit the required contributions when due, interest and penalties may apply.

For additional detail regarding the determination of the required contribution for PEPRA members, see the “PEPRA Member Contribution Rates” section. Required member contributions for Classic members can be found in Appendix B.

Required Contributions
Pre-Amendment
Fiscal Year Fiscal Year
2021-22 2022-23
Development of Normal Cost as a Percentage of Payroll
Base Total Normal Cost for Formula 21.13% 20.80%
Surcharge for Class 1 Benefits1
a) PRSA 1.30% 1.33%
Phase out of Normal Cost Difference2 0.00% 0.00%
Plan’s Total Normal Cost 22.43% 22.13%
Plan's Employee Contribution Rate3 10.75% 10.75%
Employer Normal Cost Rate 11.68% 11.38%
Post-Amendment
Fiscal Year Fiscal Year
2021-22 2022-23
Development of Normal Cost as a Percentage of Payroll
Base Total Normal Cost for Formula 21.13% 25.78%
Surcharge for Class 1 Benefits1
a) PRSA 1.30% 1.63%
Phase out of Normal Cost Difference2 0.00% 0.00%
Plan’s Total Normal Cost 22.43% 27.41%
Plan's Employee Contribution Rate3 10.75% 13.75%
Employer Normal Cost Rate 11.68% 13.66%
1 Section 2 of this report contains a list of Class 1 benefits and corresponding surcharges for each benefit. 2 The normal cost change is phased out over a five-year period in accordance with the CalPERS contribution allocation policy. 3 For detail regarding the determination of the required PEPRA employee contribution rate see Section on PEPRA Member Contribution Rates.

PAGE 112 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Plan’s Funded Status
June 30, 2020
Pre-Amendment
June 30, 2020
Post-Amendment

1. Present Value of Projected Benefits (PVB) $ 1,557,393 $ 1,822,611

2. Entry Age Normal Accrued Liability (AL) 495,622 495,622

3. Plan’s Market Value of Assets (MVA) 421,553 421,553

4. Unfunded Accrued Liability (UAL) [(2) - (3)] 74,069 74,069

5. Funded Ratio [(3) / (2)] 85.1% 85.1%
This measure of funded status is an assessment of the need for future employer contributions based on the selected actuarial cost method used to fund the plan. The UAL is the present value of future employer contributions for service that has already been earned and is in addition to future normal cost contributions for active members. For a measure of funded status that is appropriate for assessing the sufficiency of plan assets to cover estimated termination liabilities, please see “Hypothetical Termination Liability” in the “Risk Analysis” section.

PAGE 113 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Projected Employer Contributions
The tables below show projected employer contributions (before cost sharing) for the next six fiscal years.

Projected results reflect the adopted changes to the discount rate described in Appendix A, “Statement of Actuarial Data, Methods and Assumptions” of the annual valuation report for this plan. The projections also assume that all actuarial assumptions will be realized and that no further changes to assumptions, contributions, benefits, or funding will occur during the projection period.

The first table matches the annual valuation and reflects projected costs if the proposed amendment is not adopted. The second table shows projected costs if the amendment is adopted.

Pre-Amendment
Required
Contribution
Projected Future Employer Contributions
(Assumes 7.00% Return for Fiscal Year 2020-21)
Fiscal Year 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 Rate Plan 25892 Results
Normal Cost % 11.38% 11.4% 11.4% 11.4% 11.4% 11.4%
UAL Payment $6,857 $7,900 $8,900 $9,400 $9,900 $10,000
Post-Amendment
Required
Contribution
Projected Future Employer Contributions
(Assumes 7.00% Return for Fiscal Year 2020-21)
Fiscal Year 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 Rate Plan 25892 Results
Normal Cost % 13.66% 13.7% 13.7% 13.7% 13.7% 13.7%
UAL Payment $6,857 $7,900 $8,900 $9,400 $9,900 $10,000
*Illustrative only and based on the projected payroll shown.

For some sources of UAL, the change in UAL is amortized using a 5-year ramp up. For more information, please see “Amortization of the Unfunded Actuarial Accrued Liability” under “Actuarial Methods” in Appendix A of the annual valuation report for this plan. This method phases in the impact of the change in UAL over a 5-year period in order to reduce employer cost volatility from year to year. As a result of this methodology, dramatic changes in the required employer contributions in any one year are less likely. However, required contributions can change gradually and significantly over the next five years. In years when there is a large increase in UAL, the relatively small amortization payments during the ramp up period could result in a funded ratio that is projected to decrease initially while the contribution impact of the increase in the UAL is phased in.

For projected contributions under alternate investment return scenarios, please see the “Future Investment Return Scenarios” in the “Risk Analysis” section.

Our online pension plan modeling and projection tool, Pension Outlook, is available in the Employers section of the CalPERS website. Pension Outlook is a tool to help plan and budget pension costs into the future with results and charts that are easy to understand.

PAGE 114 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

Page 9 ends

Liabilities and Contributions
• Accrued Liabilities and Development of Plan Assets
• Schedule of Amortization Bases
• Amortization Schedule and Alternatives
• Normal Cost by Benefit Group
• PEPRA Member Contribution Rates
PAGE 115 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Accrued Liabilities and Development of Plan Assets
As of June 30, 2020 Pre-Amendment Post-Amendment

1. Entry Age Normal Accrued Liability
a) Active Members $ 320,869 320,869
b) Transferred Members 109,022 109,022
c) Terminated Members 65,731 65,731
d) Members and Beneficiaries Receiving Payments 0 0
e) Total $ 495,622 495,622

2. Unfunded Accrued Liability (UAL) $ 74,069 74,069

3. Market Value of Assets (MVA) [(1e) - (2)] $ 421,553 421,553

4. Funded Ratio [(3) / (1e)] 85.1% 85.1%
PAGE 116 of 727
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PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Schedule of Amortization Bases
On the next page is the schedule of the plan’s amortization bases. Note that there is a two-year lag between the valuation date and the start of the contribution fiscal year. • The assets, liabilities, and funded status of the plan are measured as of the valuation date: June 30, 2020. • The required employer contributions determined by the valuation are for the fiscal year beginning two years after the valuation date: Fiscal Year 2022-23.

This two-year lag is necessary due to the amount of time needed to extract and test the membership and financial data, and the need to provide public agencies with their required employer contribution well in advance of the start of the fiscal year.

The Unfunded Accrued Liability (UAL) is used to determine the employer contribution and therefore must be rolled forward two years from the valuation date to the first day of the fiscal year for which the contribution is being determined. The UAL is rolled forward each year by subtracting the expected payment on the UAL for the fiscal year and adjusting for interest. The expected payment on the UAL for a fiscal year is equal to the Expected Employer Contribution for the fiscal year minus the Expected Normal Cost for the year. The Employer Contribution for the first fiscal year is determined by the actuarial valuation two years ago and the contribution for the second year is from the actuarial valuation one year ago. Additional discretionary payments are reflected in the Expected Payments column in the fiscal year they were made by the agency.

PAGE 117 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Schedule Amortization Bases
Pre-Amendment
Reason for Base
Date
Est.

Ramp
Level
2022-23
Ramp
Shape
Escalation
Rate
Amort.

Period
Balance
6/30/20
Expected
Payment
2020-21
Balance
6/30/21
Expected
Payment
2021-22
Balance
6/30/22
Minimum
Required
Payment
2022-23
Fresh Start 6/30/17 No Ramp 2.75% 7 32,221 4,331 29,996 4,450 27,493 4,573 Non-Investment (Gain)/Loss 6/30/18 60% Up/Down 2.75% 28 1,264 17 1,335 35 1,392 55 Investment (Gain)/Loss 6/30/18 60% Up/Down 2.75% 28 (3,268) (45) (3,450) (92) (3,596) (141) Assumption Change 6/30/18 60% Up/Down 2.75% 18 25,670 479 26,971 984 27,841 1,516 Method Change 6/30/18 60% Up/Down 2.75% 18 2,686 50 2,822 103 2,913 159 Non-Investment (Gain)/Loss 6/30/19 No Ramp 0.00% 19 2,011 0 2,152 196 2,100 196 Investment (Gain)/Loss 6/30/19 40% Up Only 0.00% 19 2,052 0 2,196 48 2,300 96 Non-Investment (Gain)/Loss 6/30/20 No Ramp 0.00% 20 1,476 0 1,579 0 1,690 154 Investment (Gain)/Loss 6/30/20 20% Up Only 0.00% 20 9,957 0 10,654 0 11,400 249 Total 74,069 4,832 74,255 5,724 73,533 6,857
Post-Amendment
Reason for Base
Date
Est.

Ramp
Level
2022-23
Ramp
Shape
Escalation
Rate
Amort.

PAGE 118 of 727
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PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Amortization Schedule and Alternatives
The amortization schedule on the previous page shows the minimum contributions required according to CalPERS amortization policy. There has been considerable interest from many agencies in paying off these unfunded accrued liabilities sooner and the possible savings in doing so. As a result, we have provided alternate amortization schedules to help analyze the current amortization schedule and illustrate the advantages of accelerating unfunded liability payments.

Shown on the following page are future year amortization payments based on 1) the current amortization schedule reflecting the individual bases and remaining periods shown on the previous page, and 2) alternate “fresh start” amortization schedules using two sample periods that would both result in interest savings relative to the current amortization schedule.

The Current Amortization Schedule typically contains individual bases that are both positive and negative.

Positive bases result from plan changes, assumption changes or plan experience that result in increases to unfunded liability. Negative bases result from plan changes, assumption changes or plan experience that result in decreases to unfunded liability. The combination of positive and negative bases within an amortization schedule can result in unusual or problematic circumstances in future years such as:
• A positive total unfunded liability with a negative total payment, • A negative total unfunded liability with a positive total payment, or • Total payments that completely amortize the unfunded liability over a very short period of time In any year where one of the above scenarios occurs, the actuary will consider corrective action such as replacing the existing unfunded liability bases with a single “fresh start” base and amortizing it over a reasonable period.

The Current Amortization Schedule on the following page may appear to show that, based on the current amortization bases, one of the above scenarios will occur at some point in the future. It is impossible to know today whether such a scenario will in fact arise since there will be additional bases added to the amortization schedule in each future year. Should such a scenario arise in any future year, the actuary will take appropriate action based on guidelines in the CalPERS amortization policy.

PAGE 119 of 727
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PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Amortization Schedule and Alternatives
Alternate Schedules
Current Amortization
Schedule 10 Year Amortization 5 Year Amortization
Date Balance Payment Balance Payment Balance Payment
6/30/2022 73,533 6,857 73,533 10,121 73,533 17,337
6/30/2023 71,587 7,866 68,211 10,121 60,747 17,338
6/30/2024 68,461 8,911 62,517 10,121 47,065 17,338
6/30/2025 64,037 9,419 56,424 10,121 32,425 17,337
6/30/2026 58,777 9,884 49,904 10,121 16,761 17,338
6/30/2027 52,668 10,105 42,928 10,121
6/30/2028 45,902 10,333 35,464 10,122
6/30/2029 38,426 5,036 27,476 10,122
6/30/2030 35,907 5,123 18,929 10,121
6/30/2031 33,120 5,216 9,785 10,122
6/30/2032 30,043 5,307
6/30/2033 26,656 5,404
6/30/2034 22,932 5,500
6/30/2035 18,848 5,604
6/30/2036 14,371 4,891
6/30/2037 10,319 4,136
6/30/2038 6,763 3,340
6/30/2039 3,783 2,497
6/30/2040 1,465 1,515
6/30/2041
6/30/2042
6/30/2043
6/30/2044
6/30/2045
6/30/2046
6/30/2047
6/30/2048
6/30/2049
6/30/2050
6/30/2051
Total 116,944 101,213 86,688
Interest Paid 43,411 27,680 13,155
Estimated Savings 15,731 30,256
PAGE 120 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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PEPRA Member Contribution Rates
The California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) established new benefit formulas, final compensation period, and contribution requirements for “new” employees (generally those first hired into a CalPERS-covered position on or after January 1, 2013). In accordance with Government Code section 7522.30(b), “new members … shall have an initial contribution rate of at least 50% of the normal cost rate.” The normal cost for the plan is dependent on the benefit levels, actuarial assumptions and demographics of the plan, particularly members’ entry age into the plan. Should the total normal cost of the plan change by more than 1% from the base total normal cost established for the plan, the new member rate shall be 50% of the new normal cost rounded to the nearest quarter percent.

The table below shows the determination of the PEPRA member contribution rates effective July 1, 2022, based on 50% of the Total Normal Cost for each respective plan as of the June 30, 2020 valuation.

For purposes of setting member rates, it is preferable to determine total normal cost using a large active population so that the rate remains relatively stable. While each CalPERS non-pooled plan has a sufficiently large active population for this purpose, the PEPRA active population by itself may not be sufficiently large. The total PEPRA normal cost will be determined based on the plan’s PEPRA membership only if the number of members covered under the PEPRA formula meets either:

1. 50% of the active population, or

2. 25% of the active population and 100 or more PEPRA members Until one of these conditions is met, the plan’s total PEPRA normal cost will be determined using the entire active plan population (both PEPRA and Classic) based on the PEPRA benefit provisions. For this reason, the PEPRA member contribution rate determined in the table above may not equal 50% of the total normal cost of the PEPRA group shown on the “Normal Cost by Benefit Group” page.

Pre-Amendment
Basis for Current Rate Rates Effective July 1, 2022
Rate Plan
Identifier Benefit Group Name
Total
Normal
Cost
Member
Rate
Total
Normal
Cost
Change Change
Needed
Member
Rate
25892 Safety Fire PEPRA Second
Level 21.430% 10.75% 22.13% 0.700% No 10.75%
Post-Amendment
Basis for Current Rate Rates Effective July 1, 2022
Rate Plan
Identifier Benefit Group Name
Total
Normal
Cost
Member
Rate
Total
Normal
Cost
Change Change
Needed
Member
Rate
25892 Safety Fire PEPRA Second
Level 21.43% 10.75% 27.41% 5.98% Yes 13.75%*
*Effective July 1, 2022 or amendment effective date, whichever is later.

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PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Risk Analysis
• Future Investment Return Scenarios
• Discount Rate Sensitivity
• Mortality Rate Sensitivity
• Maturity Measures
• Hypothetical Termination Liability
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PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Future Investment Return Scenarios
Analysis was performed to determine the effects of various future investment returns on required employer contributions. The projections below provide a range of results based on five investment return scenarios assumed to occur during the next four fiscal years (2020-21, 2021-22, 2022-23 and 2023-24). The projections also assume that all other actuarial assumptions will be realized and that no further changes to assumptions, contributions, benefits, or funding will occur.

For fiscal years 2020-21, 2021-22, 2022-23, and 2023-24 each scenario assumes an alternate fixed annual return. The fixed return assumptions for the five scenarios are 1.0%, 4.0%, 7.0%, 9.0% and 12.0%.

These alternate investment returns were chosen based on stochastic analysis of possible future investment returns over the four-year period ending June 30, 2024. Using the expected returns and volatility of the asset classes in which the funds are invested, we produced five thousand stochastic outcomes for this period based on the recently completed Asset Liability Management process. We then selected annual returns that approximate the 5th, 25th, 50th, 75th, and 95th percentiles for these outcomes. For example, of all the four-year outcomes generated in the stochastic analysis, approximately 25% had an average annual return of 4.0% or less.

Required contributions outside of this range are also possible. In particular, whereas it is unlikely that investment returns will average less than 1.0% or greater than 12.0% over a four-year period, the likelihood of a single investment return less than 1.0% or greater than 12.0% in any given year is much greater.

The following two charts provide a comparison of what projected future contributions would be based on the current benefits and for the new benefits if the amendment.

Pre-Amendment
Assumed Annual Return From
2020-21 through 2023-24
Projected Employer Contributions
2023-24 2024-25 2025-26 2026-27

1.0%
Normal Cost 11.4% 11.4% 11.4% 11.4%
UAL Contribution $8,500 $11,000 $13,000 $16,000

4.0%
Normal Cost 11.4% 11.4% 11.4% 11.4%
UAL Contribution $8,200 $9,900 $11,000 $13,000

7.0%
Normal Cost 11.4% 11.4% 11.4% 11.4%
UAL Contribution $7,900 $8,900 $9,400 $9,900

9.0%
Normal Cost 11.6% 11.4% 11.6% 11.9%
UAL Contribution $7,700 $8,500 $8,600 $8,500

12.0%
Normal Cost 11.6% 11.4% 11.6% 11.9%
UAL Contribution $7,400 $7,500 $0 $0
PAGE 123 of 727
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Post-Amendment
Assumed Annual Return From
2020-21 through 2023-24
Projected Employer Contributions
2023-24 2024-25 2025-26 2026-27

1.0%
Normal Cost 13.7% 13.7% 13.7% 13.7%
UAL Contribution $8,500 $11,000 $13,000 $16,000

4.0%
Normal Cost 13.7% 13.7% 13.7% 13.7%
UAL Contribution $8,200 $9,900 $11,000 $13,000

7.0%
Normal Cost 13.7% 13.7% 13.7% 13.7%
UAL Contribution $7,900 $8,900 $9,400 $9,900

9.0%
Normal Cost 14.0% 14.3% 14.7% 14.3%
UAL Contribution $7,700 $8,500 $8,600 $8,500

12.0%
Normal Cost 14.0% 14.3% 14.7% 14.3%
UAL Contribution $7,400 $7,500 $0 $0
These projections reflect changes to the amortization policy effective with the June 30, 2019 valuation as well as the impact of the CalPERS risk mitigation policy (which reduces the discount rate when investment returns exceed specified trigger points). The projected normal cost percentages reflect that normal cost is anticipated to decline over time as new employees are hired into PEPRA or other lower-cost benefit tiers.

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CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Discount Rate Sensitivity
The discount rate assumption is calculated as the sum of the assumed real rate of return and the assumed annual price inflation, currently 4.50% and 2.50%, respectively. Changing either the price inflation assumption or the real rate of return assumption will change the discount rate. The sensitivity of the valuation results to the discount rate assumption depends on which component of the discount rate is changed. Shown below are various valuation results as of June 30, 2020 assuming alternate discount rates by changing the two components independently. Results are shown using the current discount rate of 7.0% as well as alternate discount rates of

6.0% and 8.0%. The rates of 6.0% and 8.0% were selected since they illustrate the impact of a 1.0% increase or decrease to the 7.0% assumption.

Pre-Amendment
Sensitivity to the Real Rate of Return Assumption
As of June 30, 2020 1% Lower
Real Return Rate
Current
Assumptions
1% Higher
Real Return Rate
Discount Rate 6.0% 7.0% 8.0%
Inflation 2.5% 2.5% 2.5%
Real Rate of Return 3.5% 4.5% 5.5%
a) Total Normal Cost 27.03% 22.13% 18.34%
b) Accrued Liability $596,616 $495,622 $419,067
c) Market Value of Assets $421,553 $421,553 $421,553
d) Unfunded Liability/(Surplus) [(b) - (c)] $175,063 $74,069 ($2,486) e) Funded Status 70.7% 85.1% 100.6%
Sensitivity to the Price Inflation Assumption
As of June 30, 2020 1% Lower
Inflation Rate
Current
Assumptions
1% Higher
Inflation Rate
Discount Rate 6.0% 7.0% 8.0%
Inflation 1.5% 2.5% 3.5%
Real Rate of Return 4.5% 4.5% 4.5%
a) Total Normal Cost 23.78% 22.13% 20.27%
b) Accrued Liability $525,795 $495,622 $460,293
c) Market Value of Assets $421,553 $421,553 $421,553
d) Unfunded Liability/(Surplus) [(b) - (c)] $104,242 $74,069 $38,740 e) Funded Status 80.2% 85.1% 91.6%
PAGE 125 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Post-Amendment
Sensitivity to the Real Rate of Return Assumption
As of June 30, 2020 1% Lower
Real Return Rate
Current
Assumptions
1% Higher
Real Return Rate
Discount Rate 6.0% 7.0% 8.0%
Inflation 2.5% 2.5% 2.5%
Real Rate of Return 3.5% 4.5% 5.5%
a) Total Normal Cost 34.22% 27.41% 22.22%
b) Accrued Liability $596,616 $495,622 $419,067
c) Market Value of Assets $421,553 $421,553 $421,553
d) Unfunded Liability/(Surplus) [(b) - (c)] $175,063 $74,069 ($2,486) e) Funded Status 70.7% 85.1% 100.6%
Sensitivity to the Price Inflation Assumption
As of June 30, 2020 1% Lower
Inflation Rate
Current
Assumptions
1% Higher
Inflation Rate
Discount Rate 6.0% 7.0% 8.0%
Inflation 1.5% 2.5% 3.5%
Real Rate of Return 4.5% 4.5% 4.5%
a) Total Normal Cost 29.49% 27.41% 25.11%
b) Accrued Liability $525,795 $495,622 $460,293
c) Market Value of Assets $421,553 $421,553 $421,553
d) Unfunded Liability/(Surplus) [(b) - (c)] $104,242 $74,069 $38,740 e) Funded Status 80.2% 85.1% 91.6%
PAGE 126 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Mortality Rate Sensitivity
The following tables look at the change in the June 30, 2020 plan costs and funded ratio under two different longevity scenarios, namely assuming post-retirement rates of mortality are 10 percent lower or 10 percent higher than our current mortality assumption. This type of analysis highlights the impact on the plan of improving or worsening mortality over the long-term.

Pre-Amendment
As of June 30, 2020 10% Lower
Mortality Rates
Current
Assumptions
10% Higher
Mortality Rates
a) Total Normal Cost 22.48% 22.13% 21.80%
b) Accrued Liability $502,708 $495,622 $489,043
c) Market Value of Assets $421,553 $421,553 $421,553
d) Unfunded Liability/(Surplus) [(b) - (c)] $81,155 $74,069 $67,490 e) Funded Status 83.9% 85.1% 86.2%
Post-Amendment
As of June 30, 2020 10% Lower
Mortality Rates
Current
Assumptions
10% Higher
Mortality Rates
a) Total Normal Cost 27.79% 27.41% 27.05%
b) Accrued Liability $502,708 $495,622 $489,043
c) Market Value of Assets $421,553 $421,553 $421,553
d) Unfunded Liability/(Surplus) [(b) - (c)] $81,155 $74,069 $67,490 e) Funded Status 83.9% 85.1% 86.2%
PAGE 127 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Maturity Measures
As pension plans mature they become more sensitive to risks. Understanding plan maturity and how it affects the ability of a pension plan sponsor to tolerate risk is important in understanding how the plan is impacted by investment return volatility, other economic variables and changes in longevity or other demographic assumptions. One way to look at the maturity level of CalPERS and its plans is to look at the ratio of a plan’s retiree liability to its total liability. A pension plan in its infancy will have a very low ratio of retiree liability to total liability. As the plan matures, the ratio increases. A mature plan will often have a ratio above 60%-65%.

Ratio of Retiree Accrued Liability to
Total Accrued Liability as of June 30, 2020 Pre-Amendment Post-Amendment

1. Retired Accrued Liability 0 0

2. Total Accrued Liability 495,622 495,622

3. Ratio of Retiree AL to Total AL [(1) / (2)] 0.00 0.00 Another way to look at the maturity level of CalPERS and its plans is to look at the ratio of actives to retirees. A pension plan in its infancy will have a very high ratio of active to retired members. As the plan matures, and members retire, the ratio declines. A mature plan will often have a ratio near or below one. The average support ratio for CalPERS public agency plans is 1.25. Since the proposed amendment does not affect the number of active and retired members, these values would not change.

Support Ratio as of June 30, 2020 Pre-Amendment Post-Amendment

1. Number of Actives 4 4

2. Number of Retirees 0 0

3. Support Ratio [(1) / (2)] N/A N/A
PAGE 128 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Maturity Measures (Continued)
Actuarial calculations are based on a number of assumptions about long-term demographic and economic behavior. Unless these assumptions (e.g., terminations, deaths, disabilities, retirements, salary growth, and investment return) are exactly realized each year, there will be differences on a year-to-year basis. The yearto-year differences between actual experience and the assumptions are called actuarial gains and losses and serve to lower or raise required employer contributions from one year to the next. Therefore, employer contributions will inevitably fluctuate, especially due to the ups and downs of investment returns.

Asset Volatility Ratio (AVR)
Plans that have higher asset-to-payroll ratios experience more volatile employer contributions (as a percentage of payroll) due to investment return. For example, a plan with an asset-to-payroll ratio of 8 may experience twice the contribution volatility due to investment return volatility than a plan with an asset-to-payroll ratio of

4. Shown below is the asset volatility ratio, a measure of the plan’s current contribution volatility. It should be noted that this ratio is a measure of the current situation. It increases over time but generally tends to stabilize as the plan matures.

Liability Volatility Ratio (LVR)
Plans that have higher liability-to-payroll ratios experience more volatile employer contributions (as a percentage of payroll) due to investment return and changes in liability. For example, a plan with a liability-to-payroll ratio of 8 is expected to have twice the contribution volatility of a plan with a liability-to-payroll ratio of 4. The liability volatility ratio is also shown in the table below. It should be noted that this ratio indicates a longer-term potential for contribution volatility. The asset volatility ratio, described above, will tend to move closer to the liability volatility ratio as the plan matures.

Contribution Volatility as of June 30, 2020 Pre-Amendment Post-Amendment

1. Market Value of Assets without Receivables $ 421,553 $ 421,553

2. Payroll 459,705 459,705

3. Asset Volatility Ratio (AVR) [(1) / (2)] 0.9 0.9

4. Accrued Liability $ 495,622 $ 495,622

5. Liability Volatility Ratio (LVR) [(4) / (2)] 1.1 1.1 PAGE 129 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Hypothetical Termination Liability
The hypothetical termination liability is an estimate of the financial position of the plan had the contract with CalPERS been terminated as of June 30, 2020. The plan liability on a termination basis is calculated differently from the plan’s ongoing funding liability. For this hypothetical termination liability calculation, both compensation and service are frozen as of the valuation date and no future pay increases or service accruals are assumed.

This measure of funded status is not appropriate for assessing the need for future employer contributions in the case of an ongoing plan, that is, for an employer that continues to provide CalPERS retirement benefits to active employees.

A more conservative investment policy and asset allocation strategy was adopted by the CalPERS Board for the Terminated Agency Pool. The Terminated Agency Pool has limited funding sources since no future employer contributions will be made. Therefore, expected benefit payments are secured by risk-free assets and benefit security for members is increased while limiting the funding risk. However, this asset allocation has a lower expected rate of return than the PERF and consequently, a lower discount rate assumption. The lower discount rate for the Terminated Agency Pool results in higher liabilities for terminated plans.

The effective termination discount rate will depend on actual market rates of return for risk-free securities on the date of termination. As market discount rates are variable the table below shows a range for the hypothetical termination liability based on the lowest and highest interest rates observed during an approximate 19-month period from 12 months before the valuation date to 7 months after.

Pre-Amendment
Market
Value of
Assets (MVA)
Hypothetical
Termination
Liability1,2
at 0.75%
Funded
Status
Unfunded
Termination
Liability
at 0.75%
Hypothetical
Termination
Liability1,2
at 2.50%
Funded
Status
Unfunded
Termination
Liability
at 2.50%
$421,553 $1,770,319 23.8% $1,348,766 $1,074,767 39.2% $653,214 Post-Amendment
Market
Value of
Assets (MVA)
Hypothetical
Termination
Liability1,2
at 0.75%
Funded
Status
Unfunded
Termination
Liability
at 0.75%
Hypothetical
Termination
Liability1,2
at 2.50%
Funded
Status
Unfunded
Termination
Liability
at 2.50%
$421,553 $1,770,319 23.8% $1,348,766 $1,074,767 39.2% $653,214 1 The hypothetical liabilities calculated above include a 5 percent mortality contingency load in accordance with Board policy.

Other actuarial assumptions can be found in Appendix A. 2 The current discount rate assumption used for termination valuations is a weighted average of the 10-year and 30-year U.S.

Treasury yields where the weights are based on matching asset and liability durations as of the termination date. The discount rates used in the table are based on 20-year Treasury bonds, rounded to the nearest quarter percentage point, which is a good proxy for most plans. The 20-year Treasury yield was 1.18% on June 30, 2020, and was 1.68% on January 31, 2021.

In order to terminate the plan, you must first contact our Retirement Services Contract Unit to initiate a Resolution of Intent to Terminate. The completed Resolution will allow the plan actuary to give you a preliminary termination valuation with a more up-to-date estimate of the plan liabilities. CalPERS advises you to consult with the plan actuary before beginning this process.

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CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Participant Data
The table below shows a summary of your plan’s member data upon which this valuation is based:

June 30, 2019 June 30, 2020
Active Members
Counts 5 4
Average Attained Age N/A 36.4
Average Entry Age to Rate Plan N/A 33.4
Average Years of Credited Service N/A 3.1
Average Annual Covered Pay $117,283 $114,926
Annual Covered Payroll $586,414 $459,705
Projected Annual Payroll for Contribution Year $636,136 $498,683 Present Value of Future Payroll $7,874,275 $5,941,193
Transferred Members 0 2
Separated Members 3 4
Retired Members and Beneficiaries
Counts* 0 0
Average Annual Benefits* N/A $0
Counts of members included in the valuation are counts of the records processed by the valuation. Multiple records may exist for those who have service in more than one valuation group. This does not result in double counting of liabilities.
* Values include community property settlements.

List of Class 1 Benefit Provisions
This plan has the additional Class 1 Benefit Provisions:
• Post-Retirement Survivor Allowance (PRSA)
PAGE 131 of 727
CALPERS AMENDMENT ACTUARIAL VALUATION - June 30, 2020
PEPRA SAFETY FIRE SECOND TIER PLAN of the CITY OF SAN MARINO CalPERS ID: 2165711850

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Plan’s Major Benefit Options
Shown below is a summary of the major optional benefits for which your agency has contracted. A description of principal standard and optional plan provisions is in Section 2.

Benefit Group
Member Category Fire Fire
Demographics
Actives Yes No
Transfers/Separated No Yes
Receiving No No
Benefit Group Key 112108 112108
Benefit Provision
Benefit Formula 2.7% @ 57 2% @ 57
Social Security Coverage No No
Full/Modified Full Full
Employee Contribution Rate 13.75%
Final Average Compensation Period Three Year Three Year Sick Leave Credit Yes Yes
Non-Industrial Disability Standard Standard
Industrial Disability Standard Standard
Pre-Retirement Death Benefits
Optional Settlement 2 Yes Yes
1959 Survivor Benefit Level Level 4 Level 4
Special Yes Yes
Alternate (firefighters) No No
Post-Retirement Death Benefits
Lump Sum $500 $500
Survivor Allowance (PRSA) Yes Yes
COLA 2% 2%
PAGE 132 of 727
TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Lizette Guerrero, Human Resources Director
DATE: December 14, 2022
SUBJECT: APPROVAL FOR THE CITY TO ENTER INTO AN

AGREEMENT WITH BOB MURRAY & ASSOCIATES FOR THE

RECRUITMENT OF THE CITY MANAGER

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

BACKGROUND
The City Council appointed Fire Chief Mario Rueda to Acting City Manager effective October 5, 2022. Staff requested authorization from the City Council to release a Request for Proposal (RFP) for a professional recruiting firm to conduct the recruitment for the City Manager position on October 28, 2022.

The proposal due date was November 30, 2022. The City Council appointed Vice Mayor Talt and Council Member Shepherd Romey to an Ad Hoc Committee to review the proposals and make a recommendation to the full City Council for approval of a contract and appropriation of funds.

DISCUSSION
Staff identified seven Professional Recruiting Firms within the State of California and sent them a copy of the RFP. In addition, staff posted the RFP on the City’s website. The City received four RFPs from Stafford HR Consulting, LLC, Bob Hall & Associates, Bob Murray & Associates, and Avery Associates.

Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
PAGE 133 of 727
The scope of services for the recruitment of this critical position consists of:

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.

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.

Vice Mayor Talt and Council Member Shepherd Romey met with Acting City Manager Rueda and Human Resources Director Guerrero on December 5, 2022 to review the proposals. After reviewing all of the proposals, Vice Mayor Talt and Council Member Shepherd Romey are recommending Bob Murray & Associates to conduct the City Manager recruitment.

FISCAL IMPACT & PROCUREMENT REVIEW
The total cost is not to exceed $36,000. This cost was not budgeted as part of the FY 2022-23 operating budget so an appropriation of $36,000 is requested for account 101-10-4436-0000 (Recruitment).

The Finance Director has reviewed the agreement to ensure its compliance with the City’s procurement policy.

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

PAGE 134 of 727

RECOMMENDATION
Vice Mayor Talt and Council Member Shepherd Romey recommend the City Council approve the City to enter into an agreement with Bob Murray & Associates for the recruitment of the City Manager. If Council concurs with the Ad Hoc Committee’s recommendation, an appropriate motion would be:
“I move to approve the City to enter into an agreement with Bob Murray & Associates for the recruitment of the City Manager; and appropriate funds not to exceed $36,000 to account 101-10-4436-0000 (Recruitment) for City Manager Recruitment Services.”

ATTACHMENTS

1. RFP City Manager Recruitment

2. Standard Professional Services Agreement (PSA)

3. Stafford HR Consulting, LLC Proposal

4. Bob Hall & Associates Proposal

5. Bob Murray & Associates Proposal

6. Avery Associates Proposal
PAGE 135 of 727

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

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

Wednesday, November 30, 2022 by 4:00 P.M.

Late proposals will not be considered
Contact Person:

Lizette Guerrero, Human Resources Director
(626) 300-0704
[email protected]
PAGE 136 of 727
City of San Marino -
REQUEST FOR PROPOSAL City Manager Recruitment Services

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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.

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City of San Marino -
REQUEST FOR PROPOSAL City Manager Recruitment Services

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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 Wednesday, November 30, 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.
• 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.

PAGE 138 of 727
City of San Marino -
REQUEST FOR PROPOSAL City Manager Recruitment Services

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• 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-to-exceed 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, PAGE 139 of 727
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REQUEST FOR PROPOSAL City Manager Recruitment Services

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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.

PAGE 140 of 727
City of San Marino -
REQUEST FOR PROPOSAL City Manager Recruitment Services

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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 30, 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]
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City of San Marino -
REQUEST FOR PROPOSAL City Manager Recruitment Services

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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.

PAGE 142 of 727

Page 1 of 14 ends

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”).

PAGE 143 of 727

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 PAGE 144 of 727
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of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice.

City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.

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

5.0 Termination

5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least 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 PAGE 145 of 727
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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:

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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 PAGE 147 of 727
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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 PAGE 148 of 727
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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 PAGE 149 of 727
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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 PAGE 150 of 727
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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.

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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 PAGE 152 of 727
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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.

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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)
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Exhibit A
Scope of Services
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Exhibit B
Fee Schedule
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PAGE 219 of 727
TO: Mayor and City Council
FROM: M.D. Rueda, City Manager
BY: Isidro Figueroa, Community Development Director
DATE: December 14, 2022
SUBJECT: INTRODUCTION OF ORDINANCE NO. O-22-1400 (FIRST READING) ADOPTING THE 2022 EDITIONS OF THE

CALIFORNIA BUILDING STANDARDS CODES

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

BACKGROUND
Section 17958 of the California Health and Safety Code requires that the latest California Codes apply to local jurisdictions 180 days after they become effective at the State level. California Building Standards Commission adopts and publishes the California Building Standards Code (Title 24 California Code of Regulations) every three (3) years. The State’s Health and Safety Code also requires local governments to adopt the most recent editions of these codes. On July 1, 2022, The California Building Standards Commission (the Commission) adopted the 2022 Edition of the Building Standards Codes and they become effective at the local level January 1, 2023. Local amendments are allowed, provided they are more restrictive and reasonably necessary due to the local climatic, geological, and topographical characteristics.

The Commission completed the adoption and approval of the following building standards that are applicable to the City:
2023 California Building Code
2023 California Residential Code
2023 California Plumbing Code
2023 California Mechanical Code
2023 California Electrical Code
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
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2023 California Energy Code
2023 California Fire Code
2023 California Green Building Standards Code
2023 Referenced Standards Code
2023 Existing Buildings Code
2023 Historical Building Code
2023 Administrative Standards
A complete set of the 2022 California Building Standards Codes is available for review in the Community Development Department. The new codes are also available for viewing by visiting the Building Standards Commissions website at http://www.bsc.ca.gov/BSC/Codes.

In 2019, the Los Angeles County Appendix J Grading Standards Code was incorporated into the City’s Building Code in order to enhance the design and construction of both residential and commercial properties in order to control erosion and water run-off. Staff is not recommending any technical amendments to Appendix J at this time.

DISCUSSION
Local Amendments
During this triannual Code Adoption process, the City is not proposing to introduce any technical amendments to the City’s Building Code. The majority of revisions to the City’s Building Codes are formatting changes, relocations, and amendments to code numbers to be internally consistent within the City’s Building Code and to match the 2022 California Building Standards Code.

Article 2 “Building Code”
The California Building Standards Commission removed Section 1704.6.2 (Structural observations for seismic resistance) from the 2022 Edition of the Building Standards Codes.

Currently, the City’s Building Code has a local amendment to Section 1704.6.2 which is proposed to be removed since the requirements identified in the aforementioned section were folded into Section 1704.6.1 which is adopted by reference under the City’s Building Code. Additionally, the 2022 Edition of the Building Standards Codes allows the City’s Building Official to require structural observations for any structure it deems necessary. As such, the local amendment is no longer required.

Article 12 “Fire Code”
One correction is included in the City’s Fire Code amendments to help clarify the code as follows.

In Section 903.2.8.1 Group R-3 b. Fire Sprinkler Requirements in Residential Properties. The word “above” is being deleted in b. This word was included in error in the last version of the Fire Code amendments.

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b. Existing one- and two-family dwellings shall be required to install an automatic fire sprinkler system in the existing and new portions of the building when greater than 720 square feet is added above or when additions, alterations, repairs, remodels or the combination thereof exceeds 40% of the existing square footage used for human occupancy.

Process
The process for the adoption of this Ordinance is different than other ordinances. Typically, an ordinance is introduced for first reading at one meeting, and then is often adopted at second reading on the Council’s consent calendar at a subsequent meeting. This Ordinance requires a public hearing for the ordinance be held during the second reading of the Ordinance. Tonight, the Council has the Ordinance before them for introduction and first reading. If Council moves forward with introducing the Ordinance for first reading, then the public hearing and second reading of the Ordinance will take place at the January 11, 2023 City Council meeting.

Resolution No. R-22-50 adopting findings of necessity and need for amendments, deletions, and additions to the 2022 California Building Standards Code based on local conditions will be brought back with the second reading of the Ordinance for adoption, if Council approves the first reading of the Ordinance.

FISCAL IMPACT & PROCUREMENT REVIEW
None.

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

RECOMMENDATION
Staff recommends the Council introduce for first reading Ordinance No. O-22-1400. Resolution No. R-22-50 will be brought back for adoption with the public hearing and second reading of the Ordinance at the January 11, 2023 City Council meeting. If the City Council concurs with staff’s recommendation, the appropriate motion would be:
“I move to waive full reading and introduce by title only, Ordinance No. O-22-1400, an Ordinance of the City of San Marino Adopting by Reference the 2022 Editions of the California Administrative, Building, Mechanical, Plumbing, Electrical, Residential, Fire, Energy, Green Building Standards, Historical Building, Existing Building, Appendix J Los Angeles County Grading Standards and Referenced Standards Codes, with Certain Amendments, Deletions and Additions, and Amending Chapter 25 of the San Marino Municipal Code.” PAGE 222 of 727

ATTACHMENTS

1. Ordinance No. O-22-1400 Redlined

2. Resolution No. R-22-50
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1 ORDINANCE NO. O-22-1400

AN ORDINANCE OF THE CITY OF SAN MARINO ADOPTING BY
REFERENCE THE 2022 EDITIONS OF THE CALIFORNIA

ADMINISTRATIVE, BUILDING, MECHANICAL, PLUMBING,

ELECTRICAL, RESIDENTIAL, FIRE, ENERGY, GREEN BUILDING

STANDARDS, HISTORICAL BUILDING, EXISTING BUILDING,

APPENDIX J LOS ANGELES COUNTY GRADING STANDARDS AND

REFERENCED STANDARDS CODES, WITH CERTAIN AMENDMENTS,
DELETIONS AND ADDITIONS, AND AMENDING CHAPTER 25 OF THE

SAN MARINO MUNICIPAL CODE
WHEREAS, the City Council of the City of San Marino does hereby find that there is a need to enforce the most current editions of the California Building Standards Code, with local amendments thereof, as recited herein for regulating and controlling the design, erection, construction, enlargement, installation, alteration, repair, relocation, removal, use and occupancy, demolition, conversion, height and area, location and maintenance, and quality of materials of all buildings and structures and plumbing, mechanical, electrical and fire suppression systems and certain equipment within the City; and WHEREAS, The City of San Marino is located in an area subject to climatic conditions with long periods of low humidity and hot weather, combined with unpredictable seasonal Santa Ana high wind conditions resulting in increased exposure to fire risk; and WHEREAS, the City Council does hereby further find that in accordance with section 15061(b)(3) of the California Code of Regulations, the adoption of these local amendments to the California Building Standards Code, and amendments to the San Marino Municipal Code are exempt from the provisions of the California Environmental Quality Act because such actions are administrative in nature; and
WHEREAS, the City Council does hereby further find that in accordance with section 15061(b)(3) of the California Code of Regulations, the adoption of these local amendments to the California Building Standards Code, and amendments to the San Marino Municipal Code are exempt from the provisions of the California Environmental Quality Act because such actions are largely administrative in nature, are designed to improve and not degrade environmental quality, and the impacts of these local amendments to the building standards code will not adversely affect the environment in any manner that could be significant.

THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:

Section 1. Articles 02 through 06, 09, 10, 12, 13, and 14 of Chapter 25, the “Uniform Codes” of the San Marino City Code, adopting by reference the 2016 Editions of the California Building, Mechanical, Plumbing, Electrical, Energy, Green Building Standards, Appendix J Los Angeles County Grading Standards, Referenced Standards, and Fire Codes, and amendments thereto, are hereby repealed; provided, however, that such repeal shall not affect or excuse any violation of any of said codes occurring prior to the effective date of this ordinance.

Section 2. New Article 02 Building Code is hereby added to Chapter 25 of the San Marino City Code to read as follows:

PAGE 224 of 727
ORDINANCE NO. O-22-1400
2 ARTICLE 02

BUILDING CODE
SECTION:

25.02.01 Building Code Adopted

25.02.02 Amendment of Section 114.1

25.02.03 Amendment of Section 113.1

25.02.04 Amendment of Sections 109.2 and 109.6

25.02.05 Additions of Sections 110.3.3.1, 110.3.9.1, 110.7

25.02.06 Amendment of Section 111.1

25.02.07 Amendment of Section 302.1

25.02.08 Addition of Section 312.2

25.02.09 Addition of Section 312.3

25.02.10 Amendment of Section 1505.1.1

25.02.11 Amendment of Section 1505.1.3

25.02.12 Addition of Section 1507.2.5.1

25.02.13 Amendment of Section 1507.3.1

25.02.14 Amendment of Section 1507.8.8

25.02.15 Amendment of Section 1507.9.6

25.02.16 Addition of Section 1613.5

25.02.17 Addition of Section 1613.6

25.02.18 Addition of Section 1613.7

25.02.19 Addition of Section 1613.8

25.02.20 Amendment of Section 1704.6.2

25.02.2120 Amendment of Section 1705.3 and Table 1705.3

25.02.2221 Amendment of Section 1705.132

25.02.2322 Addition of Sections 1710 and 1710.1

25.02.2423 Amendment of Section 1807.1.4

25.02.2524 Amendment of Section 1807.1.6

25.02.2625 Amendment of Section 1809.3

25.02.2726 Amendment of Section 1809.7 and Table 1809.7

25.02.2827 Amendment of Section 1809.12

25.02.2928 Amendment of Section 1810.3.2.4

25.02.3029 Amendment of Section 1905.1.3

25.02.3130 Amendment of Section 1905.1.8

25.02.3231 Amendment of Section 1905.1 and Addition of Sections 1905.1.9 and 1905.1.10

25.02.3332 Amendment of Section 2304.10.21

25.02.3433 Amendment of Section 2304.12.2.85

25.02.3534 Addition of Section 2305.4

25.02.3635 Addition of Section 2305.5

25.02.3736 Amendment of Section 2306.2

25.02.38 37 Amendment of Section 2306.3 and Addition of 2307.2

25.02.3938 Addition of Section 2308.3.2

25.02.4039 Amendment of Sections 2308.6.5 and 2308.6.5.1 PAGE 225 of 727
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3 25.02.4140 Amendment of Table 2308.6.1

25.02.4241 Amendment of Section 2308.6.9

25.02.4342 Addition of Section 3109.2.1

25.02.01: BUILDING CODE ADOPTED:

A. CODE ADOPTED: The California Building Code, 202219 Edition, based on the 20218 International Building Code as published by the International Code Council, including all appendices, is hereby adopted by reference, and together with certain amendments and deletions, shall constitute the Building Code of the City. A copy of said Code shall be located in the Planning and Building Department and shall be, at all times, maintained for use and examination by the public.

B. BUILDING OFFICIAL DEFINED: For the purpose of this Code, the Planning and Building Director shall be the Building Official or his or her designee.

25.02.02: AMENDMENT OF SECTION 114.1: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 114.1 of the Building Code is amended to read as follows:
114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building, structure or equipment or cause or permit the same to be done in violation of the Building Code.

It is hereby declared that any violation of the Building Code constitutes a public nuisance, and in addition to any other remedies provided by the Building Code for its enforcement, the City Council may bring civil suit to enjoin the violation of any provisions of this Building Code.

Any person, firm or corporation violating any of the provisions of the Building Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Section 01.04.03A of this Code. Each separate day or any portion thereof during which violation of the Building Code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.

25.02.03: AMENDMENT OF SECTION 113.1: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 113.1 of the Building Code is amended to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals consisting of the members of the City Council. The Building Official shall be an ex officio member and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings, in writing, to the appellant with a duplicate copy to the Building Official. The Board may request the services of members of the community who are qualified by experience and training to interpret matters PAGE 226 of 727
ORDINANCE NO. O-22-1400
4 pertaining to the Building Code to act as technical assistants to the Board. Technical assistants shall have no vote on any matter before the Board.

25.02.04: AMENDMENT OF SECTIONS 109.2 AND 109.6: Notwithstanding the provisions of Section 25.02.01 of this Article, Sections 109.2 and 109.6 of the Building Code are amended to read as follows:
109.2 Schedule of permit fees. The fee for each permit shall be as periodically established by City Council resolution.
109.2.1 Plan review fees. When plans or other data are required pursuant Section 107.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be 100 percent of the building permit fee established by resolution of the City Council.
109.2.2 Expiration of plan review. Applications for which no permit is issued within 180 days following the date the application or the date of final approval, if one exists, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. 109.2.3 Expiration of building permits. Building permits will remain valid if the work on the site authorized by that permit is commenced within 12 months after its issuance, unless the permittee has abandoned the work authorized by the permit.

The Building Official may extend the permit expiration date for a period not exceeding 180 days on written request (submitted prior to the expiration date) by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once.

If an applicant wishes to renew a permit that has been expired for less than 6 months, 50% of the original fees paid shall be required to renew the permit. If an applicant wishes to renew a permit that has been expired for more than 6 months, 100% of the original fees paid shall be required to renew the permit.
109.6 Fee refunds. The Building Official may authorize refunding of any fee paid hereunder that was erroneously paid or collected.

The Building Official may authorize the refunding of not more than 80% of the permit fee paid when no work has been done under a permit in accordance with the Building code.

The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee within 60 days of the date of fee payment.

25.02.05: ADDITION OF SECTIONS 110.3.3.1, 110.3.9.1 AND 110.7:

PAGE 227 of 727
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5 Notwithstanding the provisions of Section 25.02.01 of this Article, new Sections 110.3.3.1, 110.3.9.1, and 110.7 are added to the Building Code to read as follows:
110.3.3.1 Prior to frame approval, an rough zoning inspection is required in order to ensure compliance with the approved Development Plans.
110.3.9.1 Prior to final approval, a final zoning inspection is required in order to ensure final compliance with approved Development Plans.
110.7 Connections prohibited. Unless approval has been first obtained from the Building Official, the connection of gas or electrical utilities shall be prohibited until the final zoning, building, heating, air conditioning, electrical, plumbing and grading inspections, as required, are completed and approval has been granted on any building.

25.02.06: AMENDMENT OF SECTION 111.1: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 111.1 of the Building Code is amended to read as follows:
111.1 Use or Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification, tenancy, or change in proprietorship of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefor as provided herein.

Exception: Group R, Division 3 and Group U occupancies.

Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of the Building Code or of other ordinances of the City. Certificates presuming to give authority to violate or cancel the provisions of the Building Code or other ordinances of the City shall not be valid.

25.02.07: AMENDMENT OF SECTION 302.1: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 302.1 of the Building Code is amended by adding a new paragraph to read as follows:

Any buildings or structures hereafter erected or constructed on C-1 zoned property shall be constructed of one-hour fire resistive construction throughout.

This Section shall apply to:

1. Construction of any new building.

2. Addition, renovation or remodeling of any existing building when the value thereof is more than twenty percent (20%) of the estimated value of the existing building. The value of the proposed addition, renovation or remodeling shall be cumulative of all such renovation or remodeling over five (5) years.

The value of the proposed construction and of the existing building shall be determined by the Planning and Building Department based upon the latest edition of the Building Valuation Data as published by the International Code Council.

PAGE 228 of 727
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6 25.02.08: ADDITION OF SECTION 312.2: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 312.2 is added to the Building Code to read as follows:
312.2 Garage access. To provide a secondary means of egress from a private garage, a door, minimum 2'6" x 6'8" dimensions, shall be provided in addition to the automobile access door or doors.

25.02.09: ADDITION OF SECTION 312.3: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 312.3 is added to the Building Code to read as follows:
312.3 Garage floor surfaces. In areas where motor vehicles are stored or operated, floor surface shall be concrete, and shall be a minimum 3-1/2 inches thick. No other floor coverings are permitted.

25.02.10: AMENDMENT OF SECTION 1505.1.1: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1505.1.1 of the Building Code is amended by adding a new paragraph following the first sentence to read as follows:

In the areas classified as Very High Fire Hazard Severity Zones, the entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within one year period, the entire roof covering of every new structure and any roof covering applied in the alteration, repair or replacement of the roof of the existing structure, shall be a fire-retardant roof covering that is at least Class A.

In all other areas, the entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within one year period, the entire roof covering of every new structure and any roof covering applied in the alteration, repair or replacement of the roof of the existing structure, shall be a fire-retardant roof covering that is at least Class B.

Reroofing over an existing roof is not permitted unless the roofing is specifically approved in the classification required over existing substrate. Evidence of such approval must be submitted at the time of permit issuance. Fire severity zones are established by the Fire Department and the California Department of Forestry and Fire Protection.

25.02.11: AMENDMENT OF SECTION 1505.1.3: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1505.1.3 of the Building Code is amended by requiring minimum Class “B” roofing for all types of construction for Group A-3, B, M and R-3 Occupancies.

25.02.12: ADDITION OF SECTION 1507.2.5.1: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1507.2.5.1 is added to the Building Code to read as follows:
1507.2.5.1 Not more than one overlay of asphalt shingles shall be applied over an existing asphalt or wood shingle roof. Asphalt shingles applied over wood shingles shall not have less than Type 30 nonperforated felt underlayment installed prior to reroofing.

25.02.13: AMENDMENT OF SECTION 1507.3.1: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1507.3.1 of the Building Code is amended to read as follows:

PAGE 229 of 727
ORDINANCE NO. O-22-1400
7 1507.3.1 Deck requirements. Concrete and clay tile shall be installed only over solid structural sheathing boards.

25.02.14: AMENDMENT OF SECTION 1507.8.5: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1507.8.5 of the Building Code is amended as follows:

Wood shingles shall be of naturally durable wood and comply with the requirements of Table 1507.8.5. The installation of wood shingles shall be prohibited when the entire roof covering of every existing structure is more than 10 percent of the total roof area is replaced.

25.02.15: AMENDMENT OF SECTION 1507.9.6: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1507.9.6 of the Building Code is amended as follows:

Wood shake shall comply with the requirements of Table 1507.9.6. The installation of wood shake shall be prohibited when the entire roof covering of every existing structure is more than 10 percent of the total roof area is replaced.

25.02.16: ADDITION OF SECTION 1613.5: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1613.5 is added to Chapter 16 of the 2019 Edition of the California Building Code to read as follows:
1613.5 ASCE 7, 12.12.3 Modify ASCE 7 Equation 12.12-1 of Section 12.12.3 to read as follows:
(12.12-1)

25.02.17: ADDITION OF SECTION 1613.6: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1613.6 is added to Chapter 16 of the 2019 Edition of the California Building Code to read as follows:
1613.6 ASCE 7, 12.2.3.1, Exception 3. Modify ASCE 7 Section 12.2.3.1 Exception 3 to read as follows:

1. Detached one- and two-family dwellings up to two stories in height of light frame construction.

25.02.18: ADDITION OF SECTION 1613.7: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1613.7 is added to the Building Code to read as follows:
1613.7 ASCE 7, Section 12.11.2.2.3. Modify ASCE 7, Section 12.11.2.2.3 to read as follows:

12.11.2.2.3 Wood Diaphragms. In wood diaphragms, the continuous ties shall be in addition to the diaphragm sheathing. Anchorage shall not be accomplished by use of toe nails or nails subject to withdrawal nor shall wood ledgers or framing be used in cross-grain bending or cross-grain tension. The diaphragm sheathing shall not be considered effective as providing ties or struts required by this section.

For structures assigned to Seismic Design Category D, E or F, wood diaphragms 
e d max MI
C 

PAGE 230 of 727
ORDINANCE NO. O-22-1400
8 supporting concrete or masonry walls shall comply with the following:

1. The spacing of continuous ties shall not exceed 40 feet. Added chords of diaphragms may be used to form subdiaphragms to transmit the anchorage forces to the main continuous crossties.

2. The maximum diaphragm shear used to determine the depth of the subdiaphragm shall not exceed 75% of the maximum diaphragm shear.

25.02.19: ADDITION OF SECTION 1613.8: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1613.8 is added to the Building Code to read as follows:
1613.8 Suspended Ceilings. Minimum design and installation standards for suspended ceilings shall be determined in accordance with the requirements of Section 2506.2.1 of this Code and this section.
1613.8.1 Scope. This part contains special requirements for suspended ceilings and lighting systems. Provisions of Section 13.5.6 of ASCE 7-10 shall apply except as modified herein.
1613.8.2 General. The suspended ceilings and lighting systems shall be limited to 6 feet (1828 mm) below the structural deck unless the lateral bracing is designed by a licensed engineer or architect.
1613.8.3 Sprinkler Heads. All sprinkler heads (drops) except fire-resistance-rated floor/ceiling or roof/ceiling assemblies, shall be designed to allow for free movement of the sprinkler pipes with oversize rings, sleeves or adaptors through the ceiling tile. Sprinkler heads and other penetrations shall have a 2 in. (50mm) oversize ring, sleeve, or adapter through the ceiling tile to allow for free movement of at least 1 in. (25mm) in all horizontal directions.

Alternatively, a swing joint that can accommodate 1 in. (25 mm) of ceiling movement in all horizontal directions is permitted to be provided at the top of the sprinkler head extension.

Sprinkler heads penetrating fire-resistance-rated floor/ceiling or roof/ceiling assemblies shall comply with Section 714 of this Code.
1613.8.4 Special Requirements for Means of Egress. Suspended ceiling assemblies located along means of egress serving an occupant load of 30 or more shall comply with the following provisions.
1613.8.4.1 General. Ceiling suspension systems shall be connected and braced with vertical hangers attached directly to the structural deck along the means of egress serving an occupant load of 30 or more and at lobbies accessory to Group A Occupancies. Spacing of vertical hangers shall not exceed 2 feet (610 mm) on center along the entire length of the suspended ceiling assembly located along the means of egress or at the lobby. 1613.8.4.2 Assembly Device. All lay-in panels shall be secured to the suspension ceiling assembly with two hold-down clips minimum for each tile within a 4-foot (1219 mm) radius of PAGE 231 of 727
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9 the exit lights and exit signs.
1613.8.4.3 Emergency Systems. Independent supports and braces shall be provided for light fixtures required for exit illumination. Power supply for exit illumination shall comply with the requirements of Section 1006.3 of this Code.
1613.8.4.4 Supports for Appendage. Separate support from the structural deck shall be provided for all appendages such as light fixtures, air diffusers, exit signs, and similar elements.

25.02.20: AMENDMENT OF SECTION 1704.6.2: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1704.6.2 of the Building Code is amended to read as follows:
1704.6.2 Structural observations for seismic resistance. Structural observations shall be provided for those structures assigned to Seismic Design Category D, E or F, where one or more of the following conditions exist:

1. The structure is classified as Risk Category III or IV in accordance with Table 1604.5.

2. The height of the structure is greater than 75 feet (22860 mm) above the base.

3. The structure is classified as Risk Category I or II in accordance with Table 1604.5, and a lateral design is required for the structure or portion thereof.

Exception: One-story wood framed Group R-3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.

4. When so designated by the registered design professional responsible for the structural design.

5. When such observation is specifically required by the building official.

25.02.201: AMENDMENT OF SECTIONS 1705.3 AND TABLE 1705.3:

Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1705.3 and Table 1705.3 of the Building Code are amended to read as follows:
1705.3 Concrete Construction. The special inspections and verifications for concrete construction shall be as required by this section and Table 1705.3.

Exceptions: Special inspection shall not be required for:

Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.

PAGE 232 of 727
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10 2. Continuous concrete footings supporting walls of buildings three stories or less in height that are fully supported on earth or rock where:

2.1. The footings support walls of light-frame construction;

2.2. The footings are designed in accordance with Table 1805.4.2; or

2.3. The structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.

3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).

4. Concrete patios, driveways and sidewalks, on grade.

PAGE 233 of 727
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11 TABLE 1705.3

REQUIRED VERIFICATION AND INSPECTION OF CONCRETE CONSTRUCTION

VERIFICATION AND

INSPECTION

CONTINOUS PERIODIC REFERENCE

STANDARD
IBC

REFERENCE

3. Inspection of anchors
cast in concrete where
allowable loads have been
increased or where strength
design is used.
_ X
ACI 318:

D.9.2

8.1.3, 21.1.8
1908.5,
1909.1

4. Inspection of anchors
post-installed in hardened
concrete members.

Adhesive anchors installed
in horizontally or upwardly
inclined orientations to
resist sustained tension
loads.

Mechanical anchors and
adhesive anchors not
defined in 4.a.
_
X
X
X
ACI 318:

3.8.6, 8.1.3,

21.1.8 ACI
318:D.9.2.4
ACI 318:

D.9.2
1909.1
_
_
b. Specific requirements for special inspection shall be included in the research report for the anchor issued by an approved source in accordance with ACI 355.2 D.9.2 in ACI 318, or other qualification procedures.

Where specific requirements are not provided, special inspection requirements shall be specified by the registered design professional and shall be approved by the building official prior to the commencement of the work.
(Portions of table not shown remain unchanged.)

25.02.212: AMENDMENT OF SECTION 1705.132: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1705.132 of the Building Code is amended to read as follows:
1705.132 Special inspections for seismic resistance. Special inspections itemized in PAGE 234 of 727
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12 Sections 1705.132.1 through 1705.132.9, unless exempted by the exceptions of Section 1704.2, are required for the following:

1. The seismic force-resisting systems in structures assigned to Seismic Design Category C, D, E or F in accordance with Sections 1705.132.1.1 through 1705.132.1.2, as applicable.

2. Designated seismic systems in structures assigned to Seismic Design Category C, D, E or F in accordance with Section 1705.132.4.

3. Architectural, mechanical and electrical components in accordance with Sections 1705.132.5.

4. Storage racks in structures assigned to Seismic Design Category D, E or F in accordance with Section 1705.132.7.

5. Seismic isolation systems in accordance with Section 1705.132.8.

Exception: Special inspections itemized in Sections 1705.132.1 through 1705.132.9 are not required for structures designed and constructed in accordance with one of the following:

1. The structure consists of light-frame construction; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 35 feet (10 668 mm)

2. The seismic force-resisting system of the structure consists of reinforced masonry or reinforced concrete; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 25 feet (7620 mm)

3. The structure is a detached one- or two-family dwelling not exceeding two stories above grade plane, is not assigned to Seismic Design Category D, E or F and does not have any of the following horizontal or vertical irregularities in accordance with Section 12.3 of ASCE 7:

3.1. Torsional or extreme torsional irregularity.

3.2. Nonparallel systems irregularity.

3.3. Stiffness-soft story or stiffness-extreme soft story irregularity.

3.4. Discontinuity in lateral strength-weak story irregularity.

25.02.232: ADDITION OF SECTIONS 1710 AND 1710.1: Notwithstanding the provisions of Section 25.02.01 of this Article, Sections 1710 and 1710.1 are added to, and Chapter 35 of the Building Code is amended, to read as follows:

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13 1710 General. The vertical load-bearing capacity, torsional moment capacity and deflection characteristics of joist hangers shall be determined in accordance with ASTM D 1761 and ASTM D 7147 as specified below using lumber having a specific gravity of 0.49 or greater, but not greater than 0.55, as determined in accordance with AF&PA NDS for the joist and headers.

Exception: The joist length shall not be required to exceed 24 inches (610 mm). 1710.1 Vertical load capacity for joist hangers. The vertical load-bearing capacity for the joist hanger shall be determined by testing a minimum of three joist hanger assemblies as specified in ASTM D 1761 or ASTM D 7147. If the ultimate vertical load for any one of the tests varies more than 20 percent from the average ultimate vertical load, at least three additional tests shall be conducted. The allowable vertical load-bearing of the joist hanger shall be the lowest value determined from the following:

1. The lowest ultimate vertical load for a single hanger from any test divided by three (where three tests are conducted and each ultimate vertical load does not vary more than 20 percent from the average ultimate vertical load).

2. The average ultimate vertical load for a single hanger from all tests divided by three (where six or more tests are conducted).

3. The average from all tests of the vertical loads that produce a vertical movement of the joist with respect to the header of 1/8 inch (3.2 mm).

4. The sum of the allowable design loads for nails or other fasteners utilized to secure the joist hanger to the wood members and allowable bearing loads that contribute to the capacity of the hanger.

5. The allowable design load for the wood members forming the connection.

Amend the Reference Standards in Chapter 35 for ASTM as follows:

D 1761-88(2000)
ɛ1
Test Method for Mechanical Fasteners in Wood 1711.1.1
1711.1.2
1711.1.3
D 7147-05 Standard Specification for Testing and Establishing Allowable Loads of Joist Hangers
1711.1.1
1711.1.2

25.02.234: AMENDMENT OF SECTION 1807.1.4: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1807.1.4 of the Building Code is amended to read as PAGE 236 of 727
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14 follows:
1807.1.4 Permanent wood foundation systems. Permanent wood foundation systems shall be designed and installed in accordance with AF&PA PWF. Lumber and plywood shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B and Section 5.2) and shall be identified in accordance with Section 2303.1.8.1. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F.

25.02.245: AMENDMENT OF SECTION 1807.1.6: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1807.1.6 of the Building Code is amended to read as follows:
1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.

25.02.256: AMENDMENT OF SECTION 1809.3: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1809.3 of the Building Code is amended to read as follows:
1809.3 Stepped footings. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding one unit vertical in 10 units horizontal (10-percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than one unit vertical in 10 units horizontal (10-percent slope).

For structures assigned to Seismic Design Category D, E or F, the stepping requirement shall also apply to the top surface of grade beams supporting walls. Footings shall be reinforced with four No. 4 rebar. Two bars shall be place at the top and bottom of the footings as shown in Figure 1809.3.

PAGE 237 of 727
ORDINANCE NO. O-22-1400
15 FIGURE 1809.3

STEPPED FOOTING

25.02.267: AMENDMENT OF SECTION 1809.7 AND TABLE 1809.7:

Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1809.7 and Table 1809.7 of the Building Code are amended to read as follows:
1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.

PAGE 238 of 727
ORDINANCE NO. O-22-1400
16 TABLE 1809.7

PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION a, b, c, d, e

NUMBER OF FLOORS

SUPPORTED BY THE
FOOTING f

WIDTH OF

FOOTING
(inches)

THICKNESS OF
FOOTING (inches)
1 12 6
2 15 6
3 18 8 g
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
a. Depth of footings shall be in accordance with Section 1809.4. b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
c. Not Adopted.
d. See Section 1908 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F.
e. For thickness of foundation walls, see Section 1807.1.6. f. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.

25.02.278: AMENDMENT OF SECTION 1809.12: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1809.12 of the Building Code is amended to read as follows:
1809.12 Timber footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the building official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B). Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footing supported upon treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the AF&PA NDS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F.

25.02.289: AMENDMENT OF SECTION 1810.3.2.4: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1810.3.2.4 of the Building Code is amended to read as follows:
1810.3.2.4 Timber. Timber deep foundation elements shall be designed as piles or poles PAGE 239 of 727
ORDINANCE NO. O-22-1400
17 in accordance with AF&PA NDS. Round timber elements shall conform to ASTM D 25. Sawn timber elements shall conform to DOC PS-20. Timber shall not be used in structures assigned to Seismic Design Category D, E or F.

25.02.2930: AMENDMENT OF SECTION 1905.1.3: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1905.1.3 of the Building Code is amended to read as follows:
1905.1.3 ACI 318, Section 18.5. Modify ACI 318, Section 18.5, by renumbering Section

18.5.2.2 to become new Sections 18.5.2.2, 18.5.2.3, 18.5.2.4 and 18.5.2.5 to read as follows:

18.5.2.2 – Connections that are designed to yield shall be capable of maintaining 80 percent of their design strength at the deformation induced by the design displacement or shall use Type 2 mechanical splices.

18.5.2.3 – Elements of the connection that are not designed to yield shall develop at least

1.5 Sy.

18.5.2.4 – In structures assigned to Seismic Design Category D, E or F, intermediate precast wall panels and wall piers shall be designed in accordance with Section 21.9 or 21.13.

18.5.2.5 – Wall piers not designed as part of a moment frame in buildings assigned to Seismic Design Category C shall have transverse reinforcement designed to resist the shear forces determined from 21.3.3. Spacing of transverse reinforcement shall not exceed 8 inches (203 mm). Transverse reinforcement shall be extended beyond the pier clear height for at least 12 inches (305 mm).

Exceptions:

1. Wall piers that satisfy 18.10.8 or 18.14.

2. Wall piers along a wall line within a story where other shear wall segments provide lateral support to the wall piers and such segments have a total stiffness of at least six times the sum of the stiffnesses of all the wall piers.

18.5.2.6 – Wall segments with a horizontal length-to-thickness ratio less than 2.5 shall be designed as columns.

25.02.301: AMENDMENT OF SECTION 1905.1.8: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1905.1.7 of the Building Code is amended to read as follows:
1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:

14.1.1 – Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

14.1.4.1 – Structures assigned to Seismic Design Category C, D, E or F shall not have PAGE 240 of 727
ORDINANCE NO. O-22-1400
18 elements of structural plain concrete, except as follows:
(a) Concrete used for fill with a minimum cement content of two (2) sacks of Portland cement or cementious material per cubic yard.
(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
(c) Plain concrete footings supporting walls are permitted provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

In detached one- and two-family dwellings three stories or less in height and constructed with stud-bearing walls, are permitted to have plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross-sectional area of the footing.

25.02.312: AMENDMENT OF SECTION 1905.1 AND ADDITION OF SECTIONS 1905.1.9 AND 1905.1.10: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 1905.1 is amended and Sections 1905.1.9 and 1905.1.10 are added to the Building Code to read as follows:
1905.1 General. The text of ACI 318 shall be modified as indicated in Sections 1905.1 through 1905.1.8
1905.1.9 ACI 318, Section 21.6.4. Modify ACI 318, Section 21.6.4, by adding Section

21.6.4.8 and 12.6.4.9 as follows:

21.6.4.8 – Where the calculated point of contraflexure is not within the middle half of the member clear height, provide transverse reinforcement as specified in ACI 318 Sections

21.6.4.1, Items (a) through (c), over the full height of the member.

21.6.4.9 – At any section where the design strength, Pn, of the column is less than the sum of the shears Ve computed in accordance with ACI 318 Sections 21.5.4.1 and 21.6.5.1 for all the beams framing into the column above the level under consideration, transverse reinforcement as specified in ACI 318 Sections 21.6.4.1 through 21.6.4.3 shall be provided. For beams framing into opposite sides of the column, the moment components are permitted to be assumed to be of opposite sign. For the determination of the design strength, Pn, of the column, these moments are permitted to be assumed to result from the deformation of the frame in any one principal axis.
1905.1.10 ACI 318, Section 21.9.4. Modify ACI 318, Section 21.9.4, by adding Section

21.9.4.6 as follows:

PAGE 241 of 727
ORDINANCE NO. O-22-1400
19 21.9.4.6 – Walls and portions of walls with Pu > 0.35Po shall not be considered to contribute to the calculated shear strength of the structure for resisting earthquake-induced forces. Such walls shall conform to the requirements of ACI 318 Section 21.13.

25.02.323: AMENDMENT OF SECTION 2304.10.21: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 2304.10.1 of the Building Code is amended to read as follows:
2304.10.21 Fastener requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2302.1. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.21.

Staple fasteners in Table 2304.10.21 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official.

25.02.334: AMENDMENT OF SECTION 2304.12.2.85: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 2304.12.5 of the Building Code is amended to read as follows:
2304.12.2.85 Wood used in retaining walls and cribs. Wood installed in retaining or crib walls shall be preservative treated in accordance with AWPA U1 (Commodity Specifications A or F) for soil and fresh water use. Wood shall not be used in retaining or crib walls for structures assigned to Seismic Design Category D, E or F.

25.02.345: ADDITION OF SECTION 2305.4: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 2305.4 is added to the Building Code to read as follows:
2305.4 Quality of Nails. In Seismic Design Category D, E or F, mechanically driven nails used in wood structural panel shear walls shall meet the same dimensions as that required for hand-driven nails, including diameter, minimum length and minimum head diameter. Clipped head or box nails are not permitted in new construction. The allowable design value for clipped head nails in existing construction may be taken at no more than the nail-head-area ratio of that of the same size hand-driven nails.

25.02.356: ADDITION OF SECTION 2305.5: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 2305.5 is added to the Building Code to read as follows:
2305.5 Hold-down connectors. In Seismic Design Category D, E or F, hold-down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite side of the anchorage device. Plate size shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Hold-down connectors shall be tightened to finger tight plus one half (1/2) wrench turn just prior to covering the wall framing.

PAGE 242 of 727
ORDINANCE NO. O-22-1400
20 25.02.367: AMENDMENT OF SECTION 2306.2: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 2306.2 of the Building Code is amended to read as follows:
2306.2 Wood-frame diaphragms. Wood-frame diaphragms shall be designed and constructed in accordance with AF&PA SDPWS. Where panels are fastened to framing members with staples, requirements and limitations of AF&PA SDPWS shall be met and the allowable shear values set forth in Table 2306.2(1) or 2306.2(2) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.

The allowable shear values in Tables 2306.2(1) and 2306.2(2) are permitted to be increased 40 percent for wind design.

Exception: [DSA-SS, DSA-SS/CC and OSHPD 1, 2 &4] Wood structural panel diaphragms using staples as fasteners are not permitted by DSA and OSHPD.

Wood structural panel diaphragms used to resist seismic forces in structures assigned to Seismic Design Category D, E or F shall be applied directly to the framing members.

Exception: Wood structural panel diaphragms are permitted to be fastened over solid lumber planking or laminated decking, provided the panel joints and lumber planking or laminated decking joints do not coincide.

25.02.378: AMENDMENT OF SECTION 2306.3 AND ADDITION OF SECTION 2307.2: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 2306.3 is amended and Section 2307.2 is added to the Building Code to read as follows:
2306.3 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with AF&PA SDPWS. For structures assigned to Seismic Design Category D, E, or F, application of Tables 4.3A and 4.3B of AF&PA SDPWS shall include the following:

1. Wood structural panel thickness for shear walls shall not be less than 3/8 inch thick and studs shall not be spaced at more than 16 inches on center.

2. The maximum nominal unit shear capacities for 3/8 inch wood structural panels resisting seismic forces in structures assigned to Seismic Design Category D, E or F is 400 pounds per linear foot (plf).

Exception: Other nominal unit shear capacities may be permitted if such values are substantiated by cyclic testing and approved by the building official.

3. Where shear design values using allow stress design (ASD) exceed 350 plf or load PAGE 243 of 727
ORDINANCE NO. O-22-1400
21 and resistance factor design (LRFD) exceed 500 plf, all framing members receiving edge nailing from abutting panels shall not be less than a single 3-inch nominal member, or two 2-inch nominal members fastened together in accordance with Section 2306.1 to transfer the design shear value between framing members. Wood structural panel joint and sill plate nailing shall be staggered at all panel edges. See Section 4.3.6.1 and 4.3.6.4.3 of AF&PA SDPWS for sill plate size and anchorage requirements.

4. Nails shall be placed not less than 1/2 inch in from the panel edges and not less than 3/8 inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less than 3/8 inch from panel edges and not less than 1/4 inch from the edge of the connecting members for shears of 350 plf or less using ASD or 500 plf or less using LRFD.

5. Table 4.3B application is not allowed for structures assigned to Seismic Design Category D, E, or F.

For structures assigned to Seismic Design Category D, application of Table 4.3C of AF&PA SDPWS shall not be used below the top level in a multi-level building for structures.

Where panels are fastened to framing members with staples, requirements and limitations of AF&PA SDPWS shall be met and the allowable shear values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.

The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the AF&PA SDPWS.

Exception: [DSA-SS 7DSA-SS/CC and OSHPD 1, 2 &4] Wood structural panel shear walls using staples as fasteners are not permitted by DSA and OSHPD. 2307.2 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with Section 2306.3 as applicable.

25.02.389: ADDITION OF SECTION 2308.3.2: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 2308.3.2 is added to the Building Code to read as follows:
2308.3.2 Braced wall line support. Braced wall lines shall be supported by continuous foundations.

Exception: For structures with a maximum plan dimension not over 50 feet (15240 mm), PAGE 244 of 727
ORDINANCE NO. O-22-1400
22 continuous foundations are required at exterior walls only for structures assigned to Seismic Design Category A, B, or C.

25.02.3940: AMENDMENT OF SECTIONS 2308.6.5 AND 2308.6.5.1:

Notwithstanding the provisions of Section 25.02.01 of this Article, Sections 2308.6.5 and 2308.6.5.1, of the Building Code are amended to read as follows:
2308.6.5 Alternative bracing. Any bracing required by Section 2308.6.5 is permitted to be replaced by the following:

1. In one-story buildings, each panel shall have a length of not less than 2 feet 8 inches (813 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with 3/8-inch-minimum-thickness (9.5 mm) wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Table 2304.10.1 and blocked at wood structural panel edges. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32-inch-minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports. Two anchor bolts installed in accordance with Section 2308.3.1 shall be provided in each panel. Anchor bolts shall be placed at each panel outside quarter points. Each panel end stud shall have a tie-down device fastened to the foundation, capable of providing an approved uplift capacity of not less than 1,800 pounds (8006 N). The tie-down device shall be installed in accordance with the manufacturer’s recommendations. The panels shall be supported directly on a foundation or on floor framing supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom.

Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12-inch by 12-inch (305 mm by 305 mm) continuous footing or turned down slab edge is permitted at door openings in the braced wall line. This continuous footing or turned down slab edge shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped 15 inches (381 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.

2. In the first story of two-story buildings, each wall panel shall be braced in accordance with Section 2308.6.5.1, Item 1, except that the wood structural panel sheathing shall be provided on both faces, three anchor bolts shall be placed at one-quarter points, and tie-down device uplift capacity shall not be less than 3,000 pounds (13 344 N). 2308.6.5.1 Alternate bracing wall panel adjacent to a door or window opening. Any bracing required by Section 2308.6.5 is permitted to be replaced by the following when used adjacent to a door or window opening with a full-length header:

1. In one-story buildings, each panel shall have a length of not less than 16 inches (406 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed PAGE 245 of 727
ORDINANCE NO. O-22-1400
23 on one face with a single layer of 3/8 inch (9.5 mm) minimum thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure 2308.6.1. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32-inch-minimumthickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports and in accordance with Figure 2308.9.3.2. The wood structural panel sheathing shall extend up over the solid sawn or glued-laminated header and shall be nailed in accordance with Figure 2308.8.3.1. A built-up header consisting of at least two 2 × 12s and fastened in accordance with Item 24 of Table 2304.9.1 shall be permitted to be used. A spacer, if used, shall be placed on the side of the built-up beam opposite the wood structural panel sheathing. The header shall extend between the inside faces of the first fulllength outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than 6 feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift capacity of not less than 1,000 pounds (4,400 N) shall fasten the header to the inner studs opposite the sheathing. One anchor bolt not less than 5/8 inch (15.9 mm) diameter and installed in accordance with Section 2308.6 shall be provided in the center of each sill plate. The studs at each end of the panel shall have a tie-down device fastened to the foundation with an uplift capacity of not less than 4,200 pounds (18 480 N).

Where a panel is located on one side of the opening, the header shall extend between the inside face of the first full-length stud of the panel and the bearing studs at the other end of the opening. A strap with an uplift capacity of not less than 1,000 pounds (4400 N) shall fasten the header to the bearing studs. The bearing studs shall also have a tie-down device fastened to the foundation with an uplift capacity of not less than 1,000 pounds (4400 N).

The tie-down devices shall be an embedded strap type, installed in accordance with the manufacturer's recommendations. The panels shall be supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom.

Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12-inch by 12-inch (305 mm by 305 mm) continuous footing or turned down slab edge is permitted at door openings in the braced wall line. This continuous footing or turned down slab edge shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped not less than 15 inches (381 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.

2. In the first story of two-story buildings, each wall panel shall be braced in accordance with Item 1 above, except that each panel shall have a length of not less than 24 inches (610 mm).

25.02.401: AMENDMENT OF TABLE 2308.6.1: Notwithstanding the provisions of PAGE 246 of 727
ORDINANCE NO. O-22-1400
24 Section 25.02.01 of this Article, Table 2308.6.1 of the Building Code is amended to read as follows:

TABLE 2308.6.1

WALL BRACING IN SEISMIC DESIGN CATEGORIES D AND E
(Minimum Percentage of Wall Bracing per each Braced Wall Line a)

CONDITI
ON

SHEATHING
TYPEb SDS < 0.50

0.50 SDS <

0.75 0.75  SD S 

1.00 S DS >

1.00 G-Pc 43 59 75 100
One Story
S-Wd 21 32 37 48
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
a. Minimum length of panel bracing of one face of the wall for S-W sheathing shall be at least 4’-0” long or both faces of the wall for G-P sheathing shall be at least 8’-0” long; h/w ratio shall not exceed 2:1. For S-W panel bracing of the same material on two faces of the wall, the minimum length is permitted to be one-half the tabulated value but the h/w ratio shall not exceed 2:1 and design for uplift is required. The 2:1 h/w ratio limitation does not apply to alternate braced wall panels constructed in accordance with Section 2308.9.3.1 or 2308.9.3.2. Wall framing to which sheathing used for bracing is applied shall be nominal 2 inch wide [actual 11/2 inch (38 mm)] or larger members and spaced a maximum of 16 inches on center. Braced wall panel construction types shall not be mixed within a braced wall line.
b. G-P = gypsum board, portland cement plaster or gypsum sheathing boards; S-W = wood structural panels;
c. Nailing as specified below shall occur at all panel edges at studs, at top and bottom plates and, where occurring, at blocking:

For 1/2-inch gypsum board, 5d (0.113 inch diameter) cooler nails at 7 inches on center; For 5/8-inch gypsum board, No 11 gage (0.120 inch diameter) cooler nails at 7 inches on center; For gypsum sheathing board, 1-3/4 inches long by 7/16-inch head, diamond point galvanized nails at 4 inches on center;
For gypsum lath, No. 13 gage (0.092 inch) by 1-1/8 inches long, 19/64-inch head, plasterboard at 5 inches on center;
For Portland cement plaster, No. 11 gage (0.120 inch) by 11/2 inches long, 7/16- inch head at 6 inches on center;
d. S-W sheathing shall be a minimum of 15/32” thick nailed with 8d common placed 3/8 inches from panel edges and spaced not more than 6 inches on center and 12 inches on center along intermediate framing members.

25.02.412: AMENDMENT OF SECTION 2308.6.9: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 2308.6.9 of the Building Code is amended to read as follows:
2308.6.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Table 2308.6.1 and 2304.10.1. Wall sheathing shall not be attached to PAGE 247 of 727
ORDINANCE NO. O-22-1400
25 framing members by adhesives. Staple fasteners in Table 2304.10.1 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official.

All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches (6096 mm) on center with four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall be laterally braced at each top corner and at maximum 24 inches (6096 mm) intervals along the top plate of discontinuous vertical framing.

25.02.423: ADDITION OF SECTION 3109.2.1: Notwithstanding the provisions of Section 25.02.01 of this Article, Section 3109.2.1 is added to the Building Code to read as follows:
3109.2.1 Driveway Gates. Driveway gates serving as part of the required pool barrier shall comply with the following:

1. Driveway gates, if operated manually, shall have a spring-loaded, self-closing, selflatching mechanism installed in accordance with the same procedure required in the City Building Code for pedestrian gates.

2. Driveway gates may be equipped with an electric gate-operating device provided that it is approved by a recognized Electrical Testing Agency.

3. Electric gate-operating devices shall be provided with a safety mechanism to interrupt and recycle the device, should the gate become blocked.

4. Electric gate-operating devices shall be provided with a time delay closing device, which is set and maintained to activate a maximum of 30 seconds after the gate has been opened.”
Section 3. New Article 03 Residential Code is hereby added to Chapter 25 of the San Marino City Code to read as follows:

ARTICLE 03

RESIDENTIAL CODE
SECTION:

25.03.01 Residential Code Adopted

25.03.02 Amendment of Section R112.1

25.03.03 Addition of Section R113.1

25.03.04 Amendment of Sections R108.2 and R108.5

25.03.05 Addition of Sections R109.1.5.4, R109.1.5.5, and R109.1.6.3

25.03.06 Amendment of Table R301.2.2.1.1 and Section R301.2.2.1.2

25.03.07 Amendment of Section R301.2.2.6
PAGE 248 of 727
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26 25.03.08 Addition of Section R301.2.2.11

25.03.09 Amendment of Section R401.1

25.03.10 Amendment of Sections R403.1.2, R403.1.3 and R403.1.5

25.03.11 Amendment of Section R404.2

25.03.12 Amendment of Section R501.1

25.03.13 Amendment of Section R503.2.4

25.03.14 Amendment of Table R602.3(1)

25.03.15 Amendment of Table R602.3(2)

25.03.16 Amendment of Table R602.10.3(3)

25.03.17 Amendment of Table R602.10.4

25.03.18 Amendment of Figure R602.10.6.1

25.03.19 Amendment of Figure R602.10.6.2

25.03.20 Amendment of Table R602.10.5

25.03.21 Amendment of Section R602.10.2.3

25.03.22 Amendment of Section R606.42.4

25.03.23 Amendment of Section R606.12.2.2.3

25.03.24 Amendment of Section R602.3.2

25.03.25 Addition of Section R803.2.4

25.03.26 Amendment of Section R1001.3.1

25.03.01: RESIDENTIAL CODE ADOPTED: Except as hereinafter provided, the California Residential Code, 202219 Edition, based on the 20218 International Residential Code as published by the International Code Council, including all appendices, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Residential Code of the City. A copy of such Code shall be located in the Planning and Building Department and shall be, at all times, maintained for use and examination by the public. For the purposes of this Code, the Building Official shall be the Building Official.

25.03.02: AMENDMENT OF SECTION R112.1: Notwithstanding the provisions of Section 25.03.01 of this Article, Section R112 of the Residential Code is hereby amended to read as follows:

R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the Residential Code, there shall be and is hereby created a Board of Appeals consisting of the members of the City Council. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedures for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The Board may request the services of members of the community who are qualified by experience and training to interpret matters pertaining to the Residential Code to act as technical assistants to the Board. Technical assistants shall have no vote on any matter before the Board.

25.03.03: AMENDMENT OF SECTION R113.1. Notwithstanding the provisions of Section 25.03.01 of this Article, Section R113.1 of the Residential Code is amended to read as follows:

PAGE 249 of 727
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27 R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building, structure or equipment or cause or permit the same to be done in violation of the Residential Code.

It is hereby declared that any violation of the Residential Code constitutes a public nuisance, and in addition to any other remedies provided by the Residential Code for its enforcement, the City Council may bring civil suit to enjoin the violation of any provisions of this Residential Code.

Any person, firm or corporation violating any of the provisions of the Residential Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Section 01.04.03A of this Code. Each separate day or any portion thereof during which violation of the Residential Code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.

25.03.04: AMENDMENT OF SECTIONS R108.2 AND R108.5: Notwithstanding the provisions of Section 25.03.01 of this Article, Sections R108.2 and R108.5 of the Residential Code are amended to read as follows:

R108.2 Schedule of permit fees. The fee for each permit shall be as periodically established by City Council resolution.

R108.2.1 Plan review fees. When plans or other data are required pursuant to Section R106, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be one-hundred percent (100%) of the building permit fee established by resolution of the City Council.

R108.2.2 Expiration of plan review. Applications for which no permit is issued within 180 days following the date the application or the date of final approval, if one exists, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

R108.2.3 Expiration of building permits. Building permits will remain valid if the work on the site authorized by that permit is commenced within 12 months after its issuance, unless the permittee has abandoned the work authorized by the permit.

If an applicant wishes to renew a permit that has been expired for less than 6 months, PAGE 250 of 727
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28 50% of the original fees paid shall be required to renew the permit. If an applicant wishes to renew a permit that has been expired for more than 6 months, 100% of the original fees paid shall be required to renew the permit.

R108.5 Fee refunds. The Building Official may authorize refunding of any fee paid hereunder that was erroneously paid or collected.

The Building Official may authorize the refunding of not more than 80% of the permit fee paid when no work has been done under a permit in accordance with the Residential Code.

The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee within 60 days of the date of fee payment.

25.03.05: ADDITION OF SECTIONS R109.1.5.4, R109.1.5.5, and R109.1.6.3:

Notwithstanding the provisions of Section 25.03.01 of this Article, new Sections R109.1.5.3, R109.1.5.3, and R109.1.6.3 are added to the Residential Code to read as follows:

R109.1.5.4 Prior to frame approval, a rough zoning inspection is required in order to ensure compliance with the approved Development Plans.

R109.1.5.5 Prior to final approval, a final zoning inspection by Planning Department staff is required in order to ensure final compliance with approved Development Plans.

R109.1.6.3 Connections prohibited. Unless approval has been first obtained from the Building Official, the connection of gas or electrical utilities shall be prohibited until the final building, heating, air conditioning, electrical, plumbing and grading inspections, as required, are completed and approval has been granted on any building.

25.03.06: AMENDMENT OF TABLE R301.2.2.1.1 AND SECTION R301.2.2.1.2:

Notwithstanding the provisions of Section 25.03.01 of this Article, Table R301.2.2.1.1 and Section R301.2.2.1.2 of the Residential Code are amended to read as follows:

PAGE 251 of 727
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29 TABLE R301.2.2.1.1

SEISMIC DESIGN CATEGORY DETERMINATION

CALCULATED SDS SEISMIC DESIGN CATEGORY
SDS ≤ 0.17g A

0.17g < SDS ≤ 0.33g B

0.33g < SDS ≤ 0.50g C

0.50g < SDS ≤ 0.67g D0

0.67g < SDS ≤ 0.83g D1

0.83g < SDS ≤ 1.00g D2

1.00g < SDS E
R301.2.2.1.2 Alternative determination of Seismic Design Category E. Buildings located in Seismic Design Category E in accordance with Figure R301.2(2) are permitted to be reclassified as being in Seismic Design Category D2 provided one of the following is done:

1. A more detailed evaluation of the seismic design category is made in accordance with the provisions and maps of the California Building Code. Buildings located in Seismic Design Category E per Table R301.2.2.1.1, but located in Seismic Design Category D per the California Building Code, may be designed using the Seismic Design Category D2 requirements of this code.

2. Buildings located in Seismic Design Category E that conform to the following additional restrictions are permitted to be constructed in accordance with the provisions for Seismic Design Category D2 of this code:

2.1. All exterior shear wall lines or braced wall panels are in one plane vertically from the foundation to the uppermost story.

2.2. Floors shall not cantilever past the exterior walls.

2.3. The building is within all of the requirements of Section R301.2.2.5 for being considered as regular.

2.4. For buildings over one story in height, the calculated SDS shall not exceed 1.25g.

PAGE 252 of 727
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30 25.03.07: AMENDMENT OF SECTION R301.2.2.6: Notwithstanding the provisions of Section 25.03.01 of this Article, Items 1, 3 and 5 of Section R301.2.2.6 of the Residential Code are amended to read as follows:

1. When exterior shear wall lines or braced wall panels are not in one plane vertically from the foundation to the uppermost story in which they are required.

3. When the end of a braced wall panel occurs over an opening in the wall .

5. When portions of a floor level are vertically offset.

25.03.08: ADDITION OF SECTION R301.2.2.11: Notwithstanding the provisions of Section 25.03.01 of this Article, Section R301.2.2.11 is added to the Residential Code to read as follows:

R301.2.2.11 Anchorage of Mechanical, Electrical, or Plumbing Components and Equipment. Mechanical, electrical, or plumbing components and equipment shall be anchored to the structure. Anchorage of the components and equipment shall be designed to resist loads in accordance with the International Building Code and ASCE 7, except where the component is positively attached to the structure and flexible connections are provided between the component and associated ductwork, piping, and conduit; and either

1. The component weighs 400 lb (1,780 N) or less and has a center of mass located 4 ft (1.22 m) or less above the supporting structure; or

2. The component weighs 20 lb (89N) or less or, in the case of a distributed system, 5 lb/ft (73 N/m) or less.

25.03.09: AMENDMENT OF SECTION R401.1: Notwithstanding the provisions of Section 25.03.01 of this Article, Section R401.1 of the Residential Code is amended to read as follows:

R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for all buildings. In addition to the provisions of this chapter, the design and construction of foundations in areas prone to flooding as established by Table R301.2(1) shall meet the provisions of Section R322. Wood foundations shall be designed and installed in accordance with AF&PA PWF.

Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations:

1. In buildings that have no more than two floors and a roof.

2. When interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15 240 mm).

Wood foundations in Seismic Design Category D0, D1 or D2 shall not be permitted.

PAGE 253 of 727
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31 Exception: In non-occupied, single-story, detached storage sheds and similar uses other than carport or garage, provided the gross floor area does not exceed 200 square feet, the plate height does not exceed 12 feet in height above the grade plane at any point, and the maximum roof projection does not exceed 24 inches.

25.03.10: AMENDMENT OF SECTIONS R403.1.2, R403.1.3 AND R403.1.5:

Notwithstanding the provisions of Section 25.03.01 of this Article, Sections R403.1.2, R403.1.3 and R403.1.5 of the Residential Code are amended to read as follows:

R403.1.2 Continuous footing in Seismic Design Categories D0, D1 and D2. The braced wall panels at exterior walls of buildings located in Seismic Design Categories D0, D1 and D2 shall be supported by continuous footings. All required interior braced wall panels in buildings shall be supported by continuous footings.

R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Table R301.2(1), shall have minimum reinforcement. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

In Seismic Design Categories D0, D1 and D2 where construction joint is created between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem wall.

In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook.

In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.

Exception: In detached one- and two-family dwellings located in Seismic Design Category A, B or C which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings, supporting columns or pedestals are permitted.

R403.1.5 Slope. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding one unit vertical in 10 units horizontal (10-percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than one unit vertical in 10 units horizontal (10-percent slope).

For structures located in Seismic Design Categories D0, D1 or D2, stepped footings shall be reinforced with four No. 4 rebar. Two bars shall be place at the top and bottom of the footings as shown in Figure R403.1.5.

PAGE 254 of 727
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32 FIGURE R403.1.5

STEPPED FOOTING

25.03.11: AMENDMENT OF SECTION R404.2: Notwithstanding the provisions of Section 25.03.01 of this Article, Section R404.2 of the Residential Code is amended to read as follows:

R404.2 Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with the details shown in Figures R403.1(2) and R403.1(3). Wood foundation walls shall not be used for structures located in Seismic Design Category D0, D1 or D2.

25.03.12: AMENDMENT OF SECTION R501.1: Notwithstanding the provisions of Section 25.03.01 of this Article, Section R501.1 of the Residential Code is amended to read as follows:

R501.1 Application. The provisions of this chapter shall control the design and construction of the floors for all buildings including the floors of attic spaces used to house mechanical or plumbing fixtures and equipment. Mechanical or plumbing fixtures and equipment shall be attached (or anchored) to the structure in accordance with Section R301.2.2.11

25.03.13: ADDITION OF SECTION R503.2.4: Notwithstanding the provisions of Section 25.03.01 of this Article, Section R503.2.4 is added to the Residential Code to read as follows:

R503.2.4 Openings in horizontal diaphragms. Openings in horizontal diaphragms with a dimension perpendicular to the joist that is greater than 4 feet (1.2 m) shall be constructed in accordance with Figure R503.2.4.

PAGE 255 of 727
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33 a. Blockings shall be provided beyond headers.
b. Metal ties not less than 0.058 inch [1.47 mm (16 galvanized gage)] by 1.5 inches (38 mm) wide with eight 16d common nails on each side of the header-joist intersection. The metal ties shall have a minimum yield of 33,000 psi (227 MPa).
c. Openings in diaphragms shall be further limited in accordance with Section R301.2.2.2.5.

FIGURE R503.2.4

OPENINGS IN HORIZONTAL DIAPHRAGMS
PAGE 256 of 727
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34 25.03.14: AMENDMENT OF TABLE R602.3(1): Notwithstanding the provisions of Section 25.03.01 of this Article, Lines 37 and 38 of Table R602.3(1) of the Residential Code are amended to read as follows:

25.03.15: AMENDMENT OF TABLE R602.3(2): Notwithstanding the provisions of Section 25.03.01 of this Article, Footnote “b” of Table R602.3(2) of the Residential Code is amended to read as follows:
b. Staples shall have a minimum crown width of 7/16-inch on diameter except as noted.

Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.

PAGE 257 of 727
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35 25.03.16: AMENDMENT OF SECTION R602.10.3(3): Notwithstanding the provisions of Section 25.03.01 of this Article, Table R602.10.3(3) of the Residential Code is amended to read as follows:

PAGE 258 of 727
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36 PAGE 259 of 727
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37 25.03.17: AMENDMENT OF TABLE R602.10.4: Notwithstanding the provisions of Section 25.03.01 of this Article, Table R602.10.4 of the Residential Code is amended to read as follows:

PAGE 260 of 727
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38 PAGE 261 of 727
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39 25.03.18: AMENDMENT OF FIGURE R602.10.6.1: Notwithstanding the provisions of Section 25.03.01 of this Article, Figure R602.10.6.1 of the Residential Code is amended to read as follows:

PAGE 262 of 727
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40 25.03.19: AMENDMENT OF FIGURE R602.10.6.2: Notwithstanding the provisions of Section 25.03.01 of this Article, Figure R602.10.6.2 of the Residential Code is amended to read as follows:

PAGE 263 of 727
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41 25.03.20: AMENDMENT OF TABLE R602.10.5: Notwithstanding the provisions of Section 25.03.01 of this Article, Table R602.10.5 of the Residential Code is amended to read as follows:

PAGE 264 of 727
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42 25.03.21: AMENDMENT OF SECTION R602.10.2.3: Notwithstanding the provisions of Section 25.03.01 of this Article, Section R602.10.2.3 of the Residential Code is amended to read as follows:

R602.10.2.3 Minimum number of braced wall panels. Braced wall lines with a length of 16 feet (4877 mm) or less shall have a minimum of two braced wall panels of any length or one braced wall panel equal to 48 inches (1219 mm) or more. Braced wall lines greater than 16 feet (4877 mm) shall have a minimum of two braced wall panels. No braced wall panel shall be less than 48 inches in length in Seismic Design Category D0, D1, or D2.

25.03.22: AMENDMENT OF SECTION R606.42.4: Notwithstanding the provisions of Section 25.03.01 of this Article, Section R606.42.4 of the Residential Code is amended to read as follows:

R606.42.4 Parapet walls. Unreinforced solid masonry parapet walls shall not be less than 8 inches (203 mm) thick and their height shall not exceed four times their thickness.

Unreinforced hollow unit masonry parapet walls shall be not less than 8 inches (203 mm) thick, and their height shall not exceed three times their thickness. Masonry parapet walls in areas subject to wind loads of 30 pounds per square foot (1.44 kPa) or located in Seismic Design Category D0, D1 or D2, or on townhouses in Seismic Design Category C shall be reinforced in accordance with Section R606.12.

25.03.23: AMENDMENT OF SECTION R606.12.2.2.3: Notwithstanding the provisions of Section 25.03.01 of this Article, Section R606.12.2.2.3 of the Residential Code is amended to read as follows:

R606.12.2.2.3 Reinforcement requirements for masonry elements. Masonry elements listed in Section R606.12.2.2.2 shall be reinforced in either the horizontal or vertical direction as shown in Figure R606.11(3) and in accordance with the following:

1. Horizontal reinforcement. Horizontal joint reinforcement shall consist of at least one No. 4 bar spaced not more than 48 inches (1219 mm).Horizontal reinforcement shall be provided within 16 inches (406 mm) of the top and bottom of these masonry elements.

2. Vertical reinforcement. Vertical reinforcement shall consist of at least one No. 4 bar spaced not more than 48 inches (1219 mm). Vertical reinforcement shall be within 8 inches (406mm) of the ends of masonry walls.

25.03.24: AMENDMENT OF SECTION R602.3.2: Notwithstanding the provisions of Section 25.03.01 of this Article, Section R602.3.2, Exception, of the Residential Code is amended to read as follows:

Exception: In other than Seismic Design Category D0, D1 or D2, a single top plate may be installed in stud walls, provided the plate is adequately tied at joints, corners and interesting walls by a minimum 3-inch-by-6-inch by a 0.036-inch-thick (76 mm by 152 mm by 0.914 mm) galvanized steel plate that is nailed to each wall or segment of wall by six 8d nails on each side, PAGE 265 of 727
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43 provided the rafters or joists are centered over the studs with a tolerance of no more than 1 inch (25 mm). The top plate may be omitted over lintels that are adequately tied to adjacent wall sections with steel plates or equivalent as previously described.

25.03.25: ADDITION OF SECTION R803.2.4: Notwithstanding the provisions of Section 25.03.01 of this Article, Section R803.2.4 is added to the Residential Code to read as follows:

R803.2.4 Openings in horizontal diaphragms. Openings in horizontal diaphragms shall conform with Section R503.2.4.

25.03.26: AMENDMENT OF SECTION R1001.3.1: Notwithstanding the provisions of Section 25.03.01 of this Article, Section R1001.3.1 of the Residential Code is amended to read as follows:

R1001.3.1Vertical reinforcing. For chimneys up to 40 inches (1016 mm) wide, four No. 4 continuous vertical bars adequately anchored into the concrete foundation shall be placed between wythes of solid masonry or within the cells of hollow unit masonry and grouted in accordance with Section R609. Grout shall be prevented from bonding with the flue liner so that the flue liner is free to move with thermal expansion. For chimneys more than 40 inches (1016 mm) wide, two additional No. 4 vertical bars adequately anchored into the concrete foundation shall be provided for each additional flue incorporated into the chimney or for each additional 40 inches (1016 mm) in width or fraction thereof.”
Section 4. New Article 04 Plumbing Code is added to Chapter 25 of the San Marino City Code, to read as follows:

ARTICLE 04

PLUMBING CODE
SECTION:

25.04.01 Plumbing Code Adopted

25.04.02 Amendment of Section 103.3

25.04.03 Amendment of Sections 104.3.2 and 104.3.3

25.04.04 Amendment of Section 104.4.3

25.04.05 Amendment of Section 104.4.5

25.04.06 Amendment of Section 104.5

25.04.07 Amendment of Section 105.2.6

25.04.08 Amendment of Sections 106.1 and 106.3

25.04.09 Amendment of Section 203.0

25.04.10 Addition of Section 312.13

25.04.11 Addition of Section 511.0

25.04.12 Addition of Section 713.8

25.04.13: Addition of Section 906.8:

PAGE 266 of 727
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44 25.04.01: PLUMBING CODE ADOPTED: Except as hereinafter provided, the California Plumbing Code, 202219 Edition, based on the 20218 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, including all appendices, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Plumbing Code of the City. A copy of said Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public.

25.04.02: AMENDMENT OF SECTION 103.3: Notwithstanding the provisions of Section 25.04.01 of this Article, the first paragraph of Section 103.3 of the Plumbing Code is amended to read as follows:

Issuance. The Building Official or his/her designee shall review the application, plans and specifications and other data filed by an applicant for a permit. Other departments of this jurisdiction may also review plans. If the Building Official or his/her designee finds that the work described in an application for permit and the plans, specifications and other data filed therewith conform to the requirements of the Plumbing Code and other pertinent laws and ordinances, and that the fees established by resolution of the City Council have been paid, he/she shall issue a permit therefore to the applicant.

25.04.03: AMENDMENT OF SECTIONS 104.3.2 AND 104.3.3: Notwithstanding the provisions of Section 25.04.01 of this Article, the first paragraph of Section 104.3.2, and Section 104.3.3, of the Plumbing Code are amended to read as follows:
104.3.2 Plan Review Fees. When a plan or other data are required to be submitted by Section 104.3.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be equal to 100 percent of the total permit fee as established by resolution of the City Council. When plans are incomplete or changed so as to require additional plan review, a fee shall be charged in the amount established by resolution of the City Council.
104.3.3 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

25.04.04: AMENDMENT OF SECTION 104.4.3: Notwithstanding the provisions of Section 25.04.01 of this Article, the first paragraph of Section 104.4.3 of the Plumbing Code is amended to read as follows:

Expiration. Plumbing permits will remain valid if the work on the site authorized by that permit is commenced within 12 months after its issuance, unless the permittee has abandoned the work authorized by the permit. Before such work can be recommenced, the PAGE 267 of 727
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45 permit shall first be renewed, provided no changes have been made or will be made in the original plans and specifications for such work. If an applicant wishes to renew a permit that has been expired for less than 180 days, 50% of the original fees paid shall be required to renew the permit. If an applicant wishes to renew a permit that has been expired for more than 180 days, 100% of the original fees paid shall be required to renew the permit. The Building Official may extend the permit expiration date for a period not exceeding 180 days on written request (submitted prior to the expiration date) by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once.

25.04.05: AMENDMENT OF SECTION 104.4.5: Notwithstanding the provisions of Section 25.04.01 of this Article, Section 104.4.5 of the Plumbing Code is amended to read as follows:

Suspension or Revocation. The Building Official or his/her designee may, in writing, suspend or revoke a permit issued under the provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of other ordinances or regulations of the City.

25.04.06: AMENDMENT OF SECTION 104.5: Notwithstanding the provisions of Section 25.04.01 of this Article, Section 104.5 of the Plumbing Code is amended to read as follows:
104.5 Permit Fees. All fees pursuant to the Plumbing Code as set forth in Table No. 104.5 shall be established by resolution of the City Council. 104.5.1 Whenever any work for which a permit is required by the Plumbing Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
104.5.2 An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by the Plumbing Code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the Plumbing Code nor from any penalty prescribed by law. 104.5.3 Fee Refunds.
104.5.3(1) The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.
104.5.3(2) The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the Plumbing Code.
104.5.3(3) The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) PAGE 268 of 727
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46 days after the date of fee payment.

25.04.07: AMENDMENT OF SECTION 105.2.6: Notwithstanding the provisions of Section 25.04.01 of this Article, the fourth paragraph of Section 105.2.6 of the Plumbing Code is amended to read as follows:

To obtain reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee established by resolution of the City Council.

25.04.08: AMENDMENT OF SECTIONS 106.1 AND 106.3: Notwithstanding the provisions of Section 25.04.01 of this Article, Sections 106.1 and 160.3 of the Plumbing Code are amended to read as follows:
106.1 Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any plumbing or permit the same to be done in violation of the Plumbing Code. 106.3 Penalties. Any person, firm or corporation violating any provision of the Plumbing Code shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punishable as provided in Section 01.04.03A of this Code. Each separate day or any portion thereof, during which any violation of this code occurs or continues, shall be deemed to constitute a separate offence.

25.04.09: AMENDMENT OF SECTION 203.0: Notwithstanding the provisions of Section 25.04.01 of this Article, Section 203.0 of the Plumbing Code is amended by revising the following definitions to read as follows:

Accessible. “Accessible,” when applied to a fixture, connection, appliance, or equipment, shall mean having access thereto, but which first may require the removal of an access panel, door, or similar obstruction; “readily accessible” shall mean direct access without the necessity of removing any panel, door, or similar obstruction. Attic and underfloor areas are to be considered “accessible.”
Authority Having Jurisdiction. Whenever the term “Authority Having Jurisdiction” is used in the Plumbing Code, it shall mean the Building Official or his/her authorized representative.

25.04.10: ADDITION OF SECTION 312.13: Notwithstanding the provisions of Section 25.04.01 of this Article, Section 312.13 is added to the Plumbing Code read as follows:
312.13 Soil, waste, water or other pipe or conduit, except downspouts, shall not be installed or permitted on the outside of a building.

25.04.11: ADDITION OF SECTION 511.0: Notwithstanding the provisions of Section 25.04.01 of this Article, section 511 is added to the Plumbing Code read as follows:
511.0 No vent shall terminate in a location that is visible from the parkway across the PAGE 269 of 727
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47 street from the subject property, or to the side elevation facing a side street on a corner lot.

25.04.12: ADDITION OF SECTION 713.8: Notwithstanding the provisions of Section 25.04.01 of this Article, Section 713.8 is added to the Plumbing Code read as follows:
713.8 The City Engineer shall determine the availability of the sewer lines. No person shall construct, or enlarge a new or existing cesspool if a sewer line has been declared available.

25.04.13: ADDITION OF SECTION 906.8: Notwithstanding the provisions of Section 25.04.01 of this Article, Section 906.8 is added to the Plumbing Code to read as follows:
906.8 No vent shall terminate in a location that is visible from the parkway across the street from the subject property, or to the side elevation facing a side street on a corner lot.” Section 5. New Article 05 Mechanical Code is hereby added to Chapter 25 of the San Marino City Code to read as follows:

ARTICLE 05

MECHANICAL CODE
SECTION:

25.05.01 Mechanical Code Adopted

25.05.02 Amendment of Section 103.3

25.05.03 Amendment of Sections 104.3.2 and 104.3.3

25.05.04 Amendment of Sections 104.4.3 and 104.4.5

25.05.05 Amendment of Section 104.5

25.05.06 Amendment of Section 107.1

25.05.07: Amendment of Section 106.0

25.05.01: MECHANICAL CODE ADOPTED: Except as hereinafter provided, the California Mechanical Code, 202219 Edition, based on the 20218 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, including all appendices, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Mechanical Code of the City. A copy of such Code shall be located in the office of the City Clerk and shall be, at all times, maintained by the Planning and Building Department for use and examination by the public. For the purposes of this Code, the Building Official shall be the Building Official.

25.05.02: AMENDMENT OF SECTION 103.3: Notwithstanding the provisions of Section 25.05.01 of this Article, Section 103.3 of the Mechanical Code is amended to include an additional paragraph to read as follows:

The Building Official shall review applications, plans, specifications, computations and other data filed by an applicant for a permit. Such plans may be reviewed by other departments of this City to verify compliance with applicable laws under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, specifications PAGE 270 of 727
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48 and other data filed therewith conform to the requirements of the Mechanical Code and other pertinent laws and ordinances and that the fees established by Resolution of the City Council have been paid, the Building Official shall issue a permit therefor to the applicant.

25.05.03: AMENDMENT OF SECTIONS 104.3.2 AND 104.3.3: Notwithstanding the provisions of Section 25.05.01 of this Article, Sections 104.3.2 and 104.3.3 of the Mechanical Code are amended to read as follows:
104.3.2 Plan Review Fees. When a plan or other data are required to be submitted by this code a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for mechanical work shall be equal to 100 percent of the total permit fee as established by resolution of the City Council. The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 104.5 and are in addition to the permit fees. When plans are incomplete or changed so as to require additional plan review, a fee shall be charged in the amount established by resolution of the City Council. 104.3.3 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration the applicant shall resubmit plans and pay a new plan review fee.

25.05.04: AMENDMENT OF SECTIONS 104.4.3 AND 104.4.5: Notwithstanding the provisions of Section 25.05.01 of this Article, Sections 104.4.3 and 104.4.5 of the Mechanical Code are amended to read as follows:
104.4.3 Expiration. Mechanical permits will remain valid if the work on the site authorized by that permit is commenced within 12 months after its issuance, unless the permittee has abandoned the work authorized by the permit. Before such work can be recommenced, the permit shall first be renewed, provided no changes have been made or will be made in the original plans and specifications for such work. If an applicant wishes to renew a permit that has been expired for less than 180 days, 50% of the original fees paid shall be required to renew the permit. If an applicant wishes to renew a permit that has been expired for more than 180 days, 100% of the original fees paid shall be required to renew the permit. The Building Official may extend the permit expiration date for a period not exceeding 180 days on written request (submitted prior to the expiration date) by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once.
104.4.5 Suspension or Revocation. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of the City Code whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of other ordinances or regulations of the City.

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49 25.05.05: AMENDMENT OF SECTION 104.5: Notwithstanding the provisions of Section 25.05.01 of this Article, Section 104.5 of the Mechanical Code is amended to read as follows:
104.5 FEES.

All fees pursuant to the Mechanical Code shall be as established by and set forth in a resolution of the City Council.
104.5.1 Permit Fees. All fees pursuant to the Mechanical Code shall be as amended and established by resolution of the City Council.
104.5.2 Investigation. Whenever any work which requires a permit pursuant to the Mechanical Code has been commenced without first obtaining said permit, a special Investigation shall be made before a permit may be issued for such work. 104.5.2.1 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit fee is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by the City Code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the Mechanical Code nor from any penalty prescribed by law. 104.5.3 Fee Refunds.
104.5.3(1) The Building Official may authorize the refunding of any fee paid hereunder that was erroneously paid or collected.
104.5.3(2) The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the Mechanical Code.
104.5.3(3) The Planning and Building Department shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.

25.05.06: AMENDMENT OF SECTION 107.1: Notwithstanding the provisions of Section 25.05.01 of this Article, Section 107.1 of the Mechanical Code is hereby amended to read as follows:
107.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the Mechanical Code, there shall be and is hereby created a Board of Appeals consisting of the members of the City Council. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedures for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The Board may request the services of members of the community who are qualified by experience and PAGE 272 of 727
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50 training to interpret matters pertaining to the Mechanical Code to act as technical assistants to the Board. Technical assistants shall have no vote on any matter before the Board.

25.05.07: AMENDMENT OF SECTION 106.0. Notwithstanding the provisions of Section 25.05.01 of this Article, Section 106.0 of the Mechanical Code is amended to read as follows:
106.0 Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, impound, remove, convert or demolish, equip, use or maintain mechanical systems or equipment or cause or permit the same to be done in violation of the Mechanical Code.

It is hereby declared that any violation of the Mechanical Code constitutes a public nuisance, and in addition to any other remedies provided by the Mechanical Code for its enforcement, the administrative authority may bring civil suit to enjoin the violation of any provisions of the Mechanical Code.

Any person, firm or corporation violating any of the provisions of the Mechanical Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Section 01.04.03A of this Code. Each separate day or any portion thereof during which violation of the Mechanical Code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.” Section 6. New Article 06 Electrical Code is hereby added to Chapter 25 of the San Marino City Code to read as follows:

ARTICLE 06

ELECTRICAL CODE
SECTION:

25.06.01 Electrical Code Adopted

25.06.02 Amendment of Article 100

25.06.03 Fees and Expiration

25.06.04 Additions to Electrical Code

25.06.05 Service Entrance Panels

25.06.06 Grounding and Bonding Connections

25.06.07 Use of Factory Assembled Conduits

25.06.08 Use of Aluminum

25.06.09 Service Entrance - Services

25.06.10 Amendment to Section 250.50

25.06.11 Addition of Section 690.19

25.06.12 Violations

25.06.01: ELECTRICAL CODE ADOPTED: Except as hereinafter provided, the California Electrical Code, 202219 Edition, based on the 20217 National Electrical Code as published by the National Fire Protection Association, including all annexes, is hereby adopted PAGE 273 of 727
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51 by reference and incorporated herein as though set forth herein in full and shall constitute the Electrical Code of the City. A copy of such Code shall be located in the Planning and Building Department and shall be, at all times, maintained by the Planning and Building Department for use and examination by the public.

25.06.02: AMENDMENT OF ARTICLE 100: Notwithstanding the provisions of Section 25.06.01 of this Article, Article 100 of the Electrical Code is amended by amending the definition of “Accessible, Readily” to read as follows:

Accessible, Readily: (Readily Accessible.) Capable of being reached quickly for operation, renewal, or inspections, without requiring those to whom ready access is requisite to climb over or remove obstacles or to resort to portable ladders, chairs, etc. (See “Accessible.”) Attic and crawl spaces are not considered readily accessible.

25.06.03: FEES AND EXPIRATION: Notwithstanding the provisions of Section

25.06.01 of this Article, all fees pursuant to the Electrical Code shall be those amounts established by resolution of the City Council.

Plan Review Fees. When a plan or other data are required to be submitted by this code a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for electrical work shall be equal to 100 percent of the total permit fee as established by resolution of the City Council. The plan review fees specified in this subsection are separate fees from the permit fees and are in addition to the permit fees. When plans are incomplete or changed so as to require additional plan review, a fee shall be charged in the amount established by resolution of the City Council.

Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration the applicant shall resubmit plans and pay a new plan review fee.

Investigation. Whenever any work which requires a permit pursuant to the Electrical Code has been commenced without first obtaining said permit, a special Investigation shall be made before a permit may be issued for such work.

Investigation Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit fee is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by the City Code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the Electrical Code nor from any penalty prescribed by law.

Fee Refunds. The Building Official may authorize the refunding of any fee paid hereunder that was erroneously paid or collected. The Building Official may authorize the PAGE 274 of 727
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52 refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the Electrical Code. The Planning and Building Department shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.

Expiration. Electrical permits will remain valid if the work on the site authorized by that permit is commenced within 12 months after its issuance, unless the permittee has abandoned the work authorized by the permit. Before such work can be recommenced, the permit shall first be renewed, provided no changes have been made or will be made in the original plans and specifications for such work. If an applicant wishes to renew a permit that has been expired for less than 180 days, 50% of the original fees paid shall be required to renew the permit. If an applicant wishes to renew a permit that has been expired for more than 180 days, 100% of the original fees paid shall be required to renew the permit. The Building Official may extend the permit expiration date for a period not exceeding 180 days on written request (submitted prior to the expiration date) by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once.

25.06.04: ADDITIONS TO ELECTRICAL CODE: Notwithstanding the provisions of Section 25.06.01 of this Article, the Electrical Code is amended by adding the sections as set forth in Sections 25.06.05 through 25.06.11 of this Article.

25.06.05: SERVICE ENTRANCE PANELS:

A. All new residences shall be provided with a minimum service capacity of not less than two hundred (200) amperes main. Service conduit shall be two-inch (2") conduit.

B. On existing dwellings if the service is replaced, the minimum service shall be one hundred (100) amperes main. Service conduit shall be one and one-half inches (1 ½").

C. Branch circuit panel shall contain space for a minimum of twenty (20) single pole overcurrent devices.

25.06.06: GROUNDING AND BONDING CONNECTIONS:

A. The connection of grounding conductor to grounding electrode shall be readily accessible.

B. The connection of the bond from the grounding conductor to the cold water and gas systems shall be readily accessible.

C. All conduit shall contain a green ground wire.

25.06.07: USE OF FACTORY ASSEMBLED CONDUITS: Notwithstanding any provision of the Electrical Code to the contrary, the following is prohibited in new installations:

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53 A. Factory assembled conduits, such as:

1. Mineral insulated sheathed cable.

2. Armored cable unless:
a. Factory assembled in an Underwriters Laboratory approved fixture; b. Green insulated copper grounding conductor; and
c. Is used for applications not to exceed nine feet (9’) from a power source to a single fixture.

3. Extension of any knob and tube.

25.06.08: USE OF ALUMINUM: Notwithstanding any provision of the Electrical Code to the contrary, the following are prohibited in new installations:

A. Aluminum wire is not permitted.

B. Aluminum conduit is not approved as a self-grounding conduit.

25.06.09: SERVICE ENTRANCE - SERVICES:

A. New service entrance conductors on all commercial buildings shall be installed underground.

B. A contractor licensed C-10 or B-1 must apply for the permit for any new service or service change out.

25.06.10: AMENDMENT TO SECTION 250.50: Notwithstanding the provisions of Section 25.06.01, an additional exception is added to Section 250.50 to read as follows:

Exception: Grounding of electrical services replaced in existing residential buildings.

When an electrical service in an existing R1 or R3 occupancy is replaced or upgraded, and the material of the water pipe in direct contact with the earth is unknown, the connection of the grounding conductor to the interior metal water pipe may be made at any accessible point, provided that at least one grounding electrode of a type specified in Sections 250.50 or 250.52 is installed as close as possible to the service and connected directly to the service equipment with an independent grounding electrode conductor.

25.06.11: ADDITION OF SECTION 690.19: Notwithstanding the provisions of Section 25.06.01, Section 690.19 is added to the Electrical Code to read as follows:
690.19 Disconnecting Means for Multiple Arrays. Where more than one array is combined to form a single output rated more than 50 volts and/or 10 amperes, a disconnecting means rated for the output shall be installed immediately adjacent to the combiner box on the PAGE 276 of 727
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54 output side.

Exception: If the combiner box is located adjacent to the inverter(s), the disconnecting means as stated above shall not be required.

25.06.12: VIOLATIONS: Any person, firm or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the Electrical Code shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in subsection 01.04.03A of this Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Electrical Code is committed, continued or permitted by any such person, and he/she shall be punishable as herein provided.”
Section 7. New Article 09 Energy Code is added to Chapter 25 of the San Marino City Code, to read as follows:

ARTICLE 09

ENERGY CODE
SECTION:

25.09.01 Energy Code Adopted

25.09.02 Violations

25.09.01: ENERGY CODE ADOPTED: Except as hereinafter provided, the California Energy Code, 202219 Edition, as published by the California Building Standards Commission, including all appendices, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Energy Code of the City. A copy of said Code shall be located in the Planning and Building Department and shall be, at all times, maintained by the Planning and Building Department for use and examination by the public.

25.09.02: VIOLATIONS: Any person, firm or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in subsection 01.04.03A of this Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Article is committed, continued or permitted by any such person, and he/she shall be punishable as herein provided.”
Section 8. New Article 10 Administrative Code is hereby added to Chapter 25 of the San Marino City Code to read as follows:

ARTICLE 10

ADMINISTRATIVE CODE
SECTION:

PAGE 277 of 727
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55 25.10.01 Administrative Code Adopted

25.10.01: ADMINISTRATIVE CODE ADOPTED: Except as hereinafter provided, the California Administrative Code, 202219 Edition, as published by the California Building Standards Commission, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Administrative Code of the City. A copy of said Code shall be located in the Planning and Building Department and shall be, at all times, maintained by the Planning and Building Department for use and examination by the public.” Section 9. New Article 12 Fire Code is hereby added to Chapter 25 of the San Marino City Code to read as follows:

ARTICLE 12

FIRE CODE
SECTION:

25.12.01 Fire Code Adopted

25.12.02 Amendment of Section 106.2107.2

25.12.03 Addition of Section 107.2.3

25.12.04 Deletion of Section 109.1111.1 and Addition of Section 109.4111.5

25.12.05 Amendment of Section 110.4112.4

25.12.06 Addition of Section 307.6

25.12.07 Addition of Section 308.1.4.1

25.12.08 Addition of Section 506.1.3

25.12.09 Amendment of Section 903.2

25.12.10 Amendment of Section 903.2.8.1

25.12.11 Amendment of Section 903.2.18

25.12.12 Addition of Section 903.3.1.3.1

25.12.13 Amendment of Section 903.4.1

25.12.14 Addition of Section 906.1.1

25.12.15 Addition of Section 907.2.A

25.12.16 Deletion of Section 907.6.6, Exception 3

25.12.17 Amendment of Section 912.2

25.12.18: Amendment of Section 3103.2

25.12.19: Addition of Section 5608.24907.4

25.12.20: Addition of Section 49085608.2

25.12.01: FIRE CODE ADOPTED: Except as hereinafter provided, the 2019 2022 California Fire Code, including all appendices with errata, based on the 2018 2021 International Fire Code, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Fire Code of the City. A copy of such code shall be located in the Planning and Building Department and shall be, at all times, maintained by the Planning and Building Department for use and examination by the public. For the purpose of this Code, the Planning and Building Director shall be the building official.

25.12.02: AMENDMENT OF SECTION 106107.2: Notwithstanding the provisions of PAGE 278 of 727
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56 Section 25.12.01 of this article, Section 106107.2 of the Fire Code is hereby amended to read as follows:
106107.2 Establishment of Fees. All fees pursuant to the fire code shall be established by resolution of the city council.

25.12.03: ADDITION OF SECTION 107.2.3: Notwithstanding the provisions of Section 25.12.01 of this article, Section 107.2.3 is added to the Fire Code to read as follows:
107.2.3 Annual Inspection Required. All properties located in the high fire hazard severity zone as identified by the San Marino Fire Department shall be inspected as deemed necessary for compliance with state and local brush clearance requirements in Section 12.12.19 by the fire official.

25.12.04: DELETION OF SECTION 109.1111.1 AND ADDITION OF SECTION 109.4111.5: Notwithstanding the provisions of section 25.12.01 of this article, Section 109.1111.1 of the Fire Code is deleted and Section 109.4111.5 is added to the Fire Code to read as follows:
109.4111.5 Appeals. Whenever the fire chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the fire code do not apply or that the true intent and meaning of the fire code have been misconstrued or wrongly interpreted, the applicant may appeal the fire chief's decision to the city manager within thirty (30) days from the date of the decision. If the city manager upholds the decision of the fire chief, the applicant may appeal the decision to the city council by filing a notice of appeal with the city clerk within ten (10) days from the date of the city manager's decision.

25.12.05: AMENDMENT OF SECTION 110.4112.4: Notwithstanding the provisions of Section 25.12.01 of this article, Section 110.4112.4 of the Fire Code is amended to read as follows:
110.4112.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction document or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine as established by the city council or by imprisonment, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects in a timely manner as specified by the chief or authorized representative. The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions.

25.12.06: ADDITION OF SECTION 307.6: Notwithstanding the provisions of Section

25.12.01 of this article, Section 307.6 is added to the Fire Code to read as follows:
307.6 Outdoor Fireplaces, Fire Pits, And Decorative Fire Features. Outdoor PAGE 279 of 727
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57 fireplaces, fire pits, and decorative fire features shall be installed and used in accordance with the manufacturer's instructions. Outdoor fireplaces, fire pits, and decorative fire features, as identified under this code section, shall be listed electric and/or gas fuel-fired.

25.12.07: ADDITION OF SECTION 308.1.4.1: Notwithstanding the provisions of Section 25.12.01 of this article, Section 308.1.4.1 is added to the Fire Code to read as follows:
308.1.4.1 Open-Flame Cooking Devices. Solid fuel, gas fuel-fired barbeques and other open-flame cooking devices shall be installed and used in accordance with the manufacturer's instructions. In the absence of manufacturer's instructions, the fire chief or designee has the ability to determine proper installation location clearances and area of operation.

25.12.08: ADDITION OF SECTION 506.1.3: Notwithstanding the provisions of Section 25.12.01 of this article, Section 506.1.3 is added to the Fire Code to read as follows:
506.1.3 Key Boxes and Switches. An approved key box or switch shall be installed on all commercial properties and all residential properties where the street access to the site is gated.

25.12.09: AMENDMENT OF SECTION 903.2: Notwithstanding the provisions of Section 25.12.01 of this article, Section 903.2 of the Fire Code is amended to read as follows:
903.2 Where Required – All Buildings Except R-3 and U Occupancies. a. An automatic fire sprinkler system shall be installed in every new building in the city, hereinafter constructed or moved into the city, regardless of an area separation or type of construction.

Exceptions:

1. New buildings less than 720 square feet may be exempt with the concurrence of the fire chief and building official.
b. Building Additions - An automatic fire sprinkler system shall be installed in the entire building when the addition, renovation, repair and/or remodeling of any existing building, when the value thereof exceeds more than fifty percent (50%) of the market value of the existing building. All such additions, renovations, repair or remodeling performed fewer than five (5) years prior to the effective date of this section shall be considered in determining the cumulative value under this section. The value of the proposed construction and of the existing building shall be determined by the building official based upon the latest edition of the "building valuation data" as published by the International Code Council (ICC).
c. Installation, approval and maintenance of automatic fire-extinguishing sprinkler systems shall be in compliance with the most current National Fire Protection Association Standards 13, 13R, 13D, 24, 25 and the California Fire Code, as adopted and amended by the City. (Reference the California Fire Code chapter 80 for other adopted standards and California amendments).

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58 d. Automatic fire-extinguishing and fire sprinkler systems shall be installed and maintained at the owner's expense.
d.e.If the fire chief and the building official determine access for fire apparatus and equipment to any building or structure, not otherwise required hereunder to install and maintain an automatic fire sprinkler system is unduly difficult, installation of an automatic fire-extinguishing system acceptable to the chief shall be required.

25.12.10: AMENDMENT OF SECTION 903.2.8.1: Notwithstanding the provisions of Section 25.12.01 of this article, Section 903.2.8.1 of the Fire Code is amended to read as follows:
903.2.8.1 Group R-3.
a. A fire sprinkler system shall be installed in all new buildings in the City hereinafter constructed or moved into the City.

Exceptions:

1. R-3 Occupancy Accessory Dwelling Units (ADU’s) as defined by the Government Code Section 65852.2 shall not be required to install fire sprinklers, (pursuant to AB229 and/or SB 1069) when the existing main residence is not equipped with fire sprinklers and is not required to be equipped with automatic fire sprinklers. ADU’s greater than 1,200 square feet will require fire sprinklers.

2. New buildings less than 720 square feet may be exempted with the concurrence of the fire chief and building official.
b. Existing one- and two-family dwellings shall be required to install an a full automatic fire sprinkler system in the existing and new portions of the building when greater than 720 square feet is added above or when additions, alterations, repairs, remodels or the combination thereof exceeds 40% of the existing square footage used for human occupancy.
c. Installation, approval and maintenance of automatic fire-extinguishing sprinkler systems shall be in compliance with the most current National Fire Protection Association Standards 13, 13R, 13D, 24, 25 and the California Fire Code, as adopted and amended by the City. (Reference the California Fire Code chapter 80 for other adopted standards and California amendments).
d. Automatic fire-extinguishing and fire sprinkler systems shall be installed and maintained at the owner's expense.
e. If the fire chief and the building official determine access for fire apparatus and equipment to any building or structure, not otherwise required hereunder to install and maintain an automatic fire sprinkler system is unduly difficult, installation of an automatic fire-extinguishing system acceptable to the chief shall be required.

25.12.11: AMENDMENT OF SECTION 903.2.18: Notwithstanding the provisions of PAGE 281 of 727
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59 Section 25.12.01 of this article, Section 903.2.18 of the Fire Code is amended to read as follows:
903.2.18 Group U – Private Garages, Carports, Enclosed Patios and Storage Rooms.

An automatic fire sprinkler system shall be installed in "U" occupancy whenever:
a. Any portion of said "U" occupancy is located beneath any portion of a building used for human occupancy.
b. The ceiling of said "U" occupancy is located fewer than seven (7) feet above the adjacent grade.
c. The "U" occupancy is located closer than 15' to an adjacent building on the same property used for human occupancy that is required to be equipped with fire sprinklers.

25.12.12: ADDITION OF SECTION 903.3.1.3.1: Notwithstanding the provisions of Section 25.12.01 of this article, Section 903.3.1.3.1 is added to the Fire Code to read as follows:
903.3.1.3.1 NFPA 13D Fire Sprinkler System Design and Installation Specifications.

The following additional features and/or devices shall be incorporated into the design and installation of fire sprinkler systems in R-3/U occupancies designed per NFPA 13D and the California Fire Code Amendments.

1. A listed water flow switch with a delay feature

2. A 6” exterior bell

3. Spare sprinklers, one of each type as installed in the systems must be placed in the spare head box. The spare head box must be attached to the interior of the building.

4. A wrench or socket or special Special tools as required to remove any head in the system

5. A single check valve. The water district may require additional backflow preventors.

6. The design must include 5 gpm allowance for the domestic demand.

7. The design of a hydraulically calculated fire sprinkler system shall not exceed 90% of the available water supply capacity.

8. Attics used for storage and attics equipped with fuel-burning appliances must be equipped with a “pilot” sprinkler head above the equipment and/or storage.

9. A water gauge above the check valve

10. An inspectors test valve

11. Sprinklers shall be installed in any closet that contains heating and/or air conditioning PAGE 282 of 727
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60 equipment, a washer, a dryer and/or a water heater regardless if the equipment is electric or gas fired.

12. An “in the bucket” acceptance test must be performed flowing (2)the headswater in the most hydraulically demanding areas for one minute (1) into a factory graduated container with a the capacity to containof the anticipated flow. The discharge flow as designedmust flow through the orifice of (2)the heads as installed in the systemcompartment. The test may must be performed conducted by the installing contractor in the presence of the fire chief or his appointee during the rough or final inspections.

13. A 200 psi hydrostatic test must be performed for 2two hours during the rough piping inspection. The system must be pressurized at least one (1) hour before the scheduled time of the inspection.

25.12.13: AMENDMENT OF SECTION 903.4.1: Notwithstanding the provisions of Section 25.12.01 of this article, Section 903.4.1 of the Fire Code is amended to read as follows:
903.4.1 All automatic sprinkler systems including those protecting single-family dwellings shall have the flow switch electrically supervised by a listed central station. Alarm, supervisory and trouble signals shall be distinctly different.

Exception: R3 Dwellings and their Accessory buildings equipped with NFPA 13D Sprinkler systems and a Household Fire Alarms Systems are permitted to be monitored by Remote Supervising Station, unless otherwise approved required by the fire chief.

25.12.14: ADDITION OF SECTION 906.1.1: Notwithstanding the provisions of Section 25.12.01 of this article, Section 906.1.1 is added to the Fire Code to read as follows:
906.1.1 Minimum Requirement. Portable fire extinguishers of a 2A10BC type shall be installed in all occupancies and locations as set forth in the fire code and as required by the fire chief.

Exceptions:

1. Other portable fire extinguishers may be installed, if approved by the fire chief or designee.

3. Group R, division 3 and group U occupancies are exempt.

25.12.15: ADDITION OF SECTION 907.2.A Notwithstanding the provisions of Section 25.12.01 of this article, Section 907.2.A is added to the Fire Code to read as follows:
907.2.A Household Fire Alarm Required. A monitored household fire alarm system is required in all new single- family residences and accessory dwelling units that are being required to be equipped with a sprinkler system.

The This required household fire alarm system is in addition of the single station smoke PAGE 283 of 727
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61 and carbon monoxide alarms required by the California Residential Code. unless otherwise permitted, unless otherwise specified herein. The household fire alarm system shall be designed and installed in accordance with the National Fire Protection Association Standard 72. The devices installed as components of the household fire alarm system shall be installed in the following prescriptive manner:

1. A minimum of one photoelectric smoke detector on each level of living space.

2. Photoelectric smoke detectors in the hallways outside all sleeping areas.

3. A rate of rise heat detector in each accessible attic, kitchen, wok room, basements and in all “U” occupancies that are located closer than 15' to an adjacent building on the same property used for human occupancy.

4. A combination fire/security panel is not permitted in R-3 and/or U occupancies. The fire alarm plans must account for the current draw of all devices in the battery calculations.

Exception: If both of the following conditions are met for R-3 and/or U Occupancies:

1. The homeowner must request in writing that a combination system be permitted.

2. The fire alarm plans submitted for permit issuance must depict all burglary system devices and account for all devices in the battery calculations.

5. The household fire alarm system shall be designed to provide a local and remote signal with the following specific information for each fire alarm detection device:

1. Room and floor location.

2. Type of signal.

3. Type of device.

4. Zone identification number.

6. A minimum of one horn to sound an interior distinct fire alarm. Additional horns may be required to meet the audible requirement of NFPA 72.

7. The owner of the premises is required to maintain and have the fire alarm system supervised for the perpetuity of the building regardless if occupied.

25.12.16: DELETION OF SECTION 907.6.6, EXCEPTION 3: Notwithstanding the provisions of Section 25.12.01 of this article, Section 907.6.6, Exception 3, of the Fire Code is deleted.

PAGE 284 of 727
ORDINANCE NO. O-22-1400
62 25.12.17: AMENDMENT OF SECTION 912.2: Notwithstanding the provisions of Section 25.12.01 of this article, Section 912.2 is amended to read as follows:
912.2 Fire Department connections shall be located within 150 feet of a public fire hydrant; the Fire Department connection and the fire hydrant must be located on the same side of the street of a divided road, unless otherwise approved by the fire chief.

25.12.18: AMENDMENT OF SECTION 3103.2: Notwithstanding the provisions of Section 25.12.01 of this article, Section 3103.2 of the Fire Code is amended to read as follows:
3103.2 Approval Required. Tents and membrane structures having an area in excess of 250 square feet, shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire chief.

Exceptions:

1. Tents used exclusively for recreational camping purposes.

25.12.19: ADDITION OF SECTION 4907.4: Notwithstanding the provisions of Section 25.12.01 of this article, Section 4908 is added to the Fire Code to read as follows:

Section 4907.4 Clearance of Hazardous Vegetation from Structures and Roads within the City of San Marino.
4907.4.1 Statement of Legislative Intent and Purpose. It is the objective of this section to promote and protect the public health, safety and welfare by recognizing that there exists within the city of San Marino a potentially hazardous fire situation created by grass, weeds, shrubs, and trees which are in such condition and location as to provide a ready fuel supply to augment the spread or intensity of fire. It is the intent of this section to provide minimum standards to safeguard life, safety, property and the public welfare by insuring that hazardous vegetation or refuse is removed and that all grass, weeds, shrubs, and trees are properly maintained so as to not create a fire hazard within the community, while maintaining sufficient vegetation for aesthetic and soil erosion control purposes.

PAGE 286 of 727
ORDINANCE NO. O-22-1400
64 4907.4.3.9 Building Clearance--100 Feet. Maintain all hazardous grass, weeds, shrubs and trees within 100 feet (30.480 m) of any building or structure. Grass and small shrubs may be retained on steep slopes to stabilize the soil and prevent erosion, but may not exceed a height of 18 inches (457 mm). Large native specimen shrubs should be retained where possible, but no closer than an average of 18 feet (5.486 m) apart. Remove all dead foliage, twigs or branches, or live branches within 3 feet (914 mm) of the ground, from mature trees and shrubs (but no more than 1/3 of the crown).
4907.4.3.10 Cut Vegetation and Refuse. Remove and/or safely dispose of all cut vegetation and hazardous refuse.
4907.4.3.11 Soil Erosion Control. If the abatement of hazardous vegetation results in the exposure of bare mineral soil, or the soil is exposed to such an extent that increased soil erosion would be likely, or the chief or his designee determines that the abatement has been excessive and poses a threat to the public health, safety or welfare, irrigation and landscaping or a suitable erosion control structure must be provided to establish effective soil erosion control. 4907.4.3.12 Minimum Requirements. Nothing contained in this section shall be deemed to preclude the chief from requiring more than the minimum specific requirements set forth above when the chief determines that conditions exist which necessitate greater fire protection measures.
4907.5 Notice. The council finds that grass, weeds, shrubs, trees, or other vegetation prohibited under sec. 4908.3 increase the danger of fire and thus constitute a public nuisance. If such condition exists, the San Marino Fire Department shall give notice to the owner of record to abate the nuisance within 30 days. The notice shall state that the owner is required to abate the nuisance and that if the nuisance is not abated the city may take further action which can include,
(1) the city, or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the nuisance, (2) that upon completion of such work the cost thereof, including administrative costs, shall become a special assessment against that parcel, and (3) that upon council confirmation of the assessment and recordation of that order, a lien shall attach to the parcel to be collected on the next regular property tax bill levied against the parcel.”

25.12.1920: ADDITION OF SECTION 5608.2: Notwithstanding the provisions of Section 25.12.01 of this article, Section 5608.2 is added to the Fire Code to read as follows:
5608.2 The manufacturing, possession, storage, sale, use and handling of fireworks, other than "safe and sane" fireworks, is prohibited. The display, use or sale of fireworks described as "safe and sane" by the state fire marshal, is prohibited.

Exceptions:

1. Storage of fireworks is allowed in accordance with the requirements for low order explosives in title 19, California code of regulations, chapter 10.

PAGE 287 of 727
ORDINANCE NO. O-22-1400
65 2. Use and handling of fireworks for professional display by a state licensed pyrotechnician in accordance with title 19, California code of regulations, chapter 6, if permitted by the fire chief.

25.12.20: ADDITION OF SECTION 4908: Notwithstanding the provisions of Section

25.12.01 of this article, Section 4908 is added to the Fire Code to read as follows:

Section 4908 Clearance of Hazardous Vegetation from Structures and Roads within the City of San Marino.
4908.1 Statement of Legislative Intent and Purpose. It is the objective of this section to promote and protect the public health, safety and welfare by recognizing that there exists within the city of San Marino a potentially hazardous fire situation created by grass, weeds, shrubs, and trees which are in such condition and location as to provide a ready fuel supply to augment the spread or intensity of fire. It is the intent of this section to provide minimum standards to safeguard life, safety, property and the public welfare by insuring that hazardous vegetation or refuse is removed and that all grass, weeds, shrubs, and trees are properly maintained so as to not create a fire hazard within the community, while maintaining sufficient vegetation for aesthetic and soil erosion control purposes.

It is the further intent that this section apply on a year-round basis to insure the removal and/or proper maintenance of grass, weeds, shrubs, trees and refuse in order to prevent the spread or intensity of fire within the community. Of particular concern is the need to provide adequate defensible space in the urban/wildland interface area of the city, referred to as the high fire hazard severity zone. For purposes of this section, defensible space is that space within 100 feet (30.480 m) of a building or structure that is required for access by fire and other emergency personnel to defend the building or structure from the threat of fire. 4908.2 Prohibition. No person who has any ownership or possessory interest in, or control of a parcel of land shall allow to exist thereon any hazardous refuse or hazardous grass, weeds, shrubs, trees, or other vegetation, which, by reason of proximity to a building or structure, constitutes a fire hazard. For purposes of this section, hazardous grass, weeds, shrubs, trees, or other vegetation are defined as grass, weeds, shrubs, trees, or other vegetation which are in such condition and location, or by the unique characteristics of a species, as to provide a ready fuel supply to augment the spread or intensity of a fire.
4908.3 Specific Requirements. In order to provide sufficient defensible space, each person who PAGE 288 of 727
ORDINANCE NO. O-22-1400
66 has any ownership or possessory interest in, or control of, a parcel of land shall:
4908.3.1 General. Remove from the property all hazardous vegetation, except as otherwise provided herein, if such vegetation is within 100 feet (30.480 m) of a building, within ten (10) feet (3.048 m) of a combustible fence, or within ten (10) feet (3.048 m) of any portion of any highway, street, alley, or driveway improved or used for vehicular travel or other vehicular purposes. Distances up to 200 feet (60.960 m) or greater from a building or structure may be necessary as determined by the chief. This requirement does not apply to the maintenance of trees, ornamental shrubbery or plants which are used as ground cover, provided such are landscape materials that are properly irrigated and maintained and do not provide a ready fuel supply to augment the spread or intensity of a fire.
4908.3.2 Adjacent To Building. Keep all trees, shrubs, and other vegetation or portions thereof, adjacent to or overhanging any building or structure free of dead limbs, branches, and other combustible matter.
4908.3.3 Roof Clearance. Maintain 5 feet (1.524 m) of vertical clearance between roof surfaces and portions of trees or shrubs overhanging any building or structure. 4908.3.4 Chimney Clearance. Remove any portion of a tree or shrub which extends within 15 feet (4.572 m) of the outlet of a chimney or stovepipe. 4908.3.5 Roof Surface. Maintain the roofs of all buildings or structures free of leaves, needles, twigs, and other combustible matter.
4908.3.6 Building Clearance--30 Feet. Maintain all hazardous grass, weeds, and small shrubs within 30 feet (9.144 m) of any building or structure. Hazardous vegetation must be maintained less than 3 inches (76 mm) high; cut grass may be left on the slope to protect the soil if it lays down within 3 inches (76 mm) of the ground. Large native shrubs may be retained no closer than an average of 18 feet (5.486 m) apart, provided the lower branches have been trimmed a minimum of 3 feet (914 mm) above the ground, or at least thinned to reduce the available fuel volume.
4908.3.7 Roads. Maintain trees and shrubs within 10 feet of that portion of any highway, street, PAGE 289 of 727
ORDINANCE NO. O-22-1400
67 alley, or driveway which is improved or used for vehicle travel or other vehicular purposes (except for designated fire roads), so that no leafy foliage, twigs, or branches are within six (6) feet (1.828 m) of the ground (but no more than 1/3 of the crown). 4908.3.8 Combustible Fences. Maintain all hazardous grass, weeds and other vegetation located within 10 feet (3.048 m) of any combustible fence at a height of not more than 3 inches (76 mm). This shall not require the removal of trees, ornamental shrubbery or plants which are used as ground cover, provided such do not provide a ready fuel supply to augment the spread or intensity of a fire.
4908.3.9 Building Clearance--100 Feet. Maintain all hazardous grass, weeds, shrubs and trees within 100 feet (30.480 m) of any building or structure. Grass and small shrubs may be retained on steep slopes to stabilize the soil and prevent erosion, but may not exceed a height of 18 inches (457 mm). Large native specimen shrubs should be retained where possible, but no closer than an average of 18 feet (5.486 m) apart. Remove all dead foliage, twigs or branches, or live branches within 3 feet (914 mm) of the ground, from mature trees and shrubs (but no more than 1/3 of the crown).
4908.3.10 Cut Vegetation and Refuse. Remove and/or safely dispose of all cut vegetation and hazardous refuse.
4908.3.11 Soil Erosion Control. If the abatement of hazardous vegetation results in the exposure of bare mineral soil, or the soil is exposed to such an extent that increased soil erosion would be likely, or the chief or his designee determines that the abatement has been excessive and poses a threat to the public health, safety or welfare, irrigation and landscaping or a suitable erosion control structure must be provided to establish effective soil erosion control. 4908.3.12 Minimum Requirements. Nothing contained in this section shall be deemed to preclude the chief from requiring more than the minimum specific requirements set forth above when the chief determines that conditions exist which necessitate greater fire protection measures.
4908.4 Notice. The council finds that grass, weeds, shrubs, trees, or other vegetation prohibited under sec. 4908.3 increase the danger of fire and thus constitute a public nuisance. If such condition exists, the San Marino fire department shall give notice to the owner of record to abate the nuisance within 30 days. The notice shall state that the owner is required to abate the nuisance and that if the nuisance is not abated the city may take further action which can include,
PAGE 290 of 727
ORDINANCE NO. O-22-1400
68 (1) the city, or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the nuisance, (2) that upon completion of such work the cost thereof, including administrative costs, shall become a special assessment against that parcel, and (3) that upon council confirmation of the assessment and recordation of that order, a lien shall attach to the parcel to be collected on the next regular property tax bill levied against the parcel.” Section 10. New Article 13 Green Building Code is added to Chapter 25 of the San Marino City Code, to read as follows:

ARTICLE 13

GREEN BUILDING STANDARDS CODE
SECTION:

25.13.01: Green Building Standards Code Adopted

25.13.02 Addition of Section 101.12

25.13.03 Amendment of Section 202

25.13.04 Amendment of Section 301.1

25.13.05 Amendment of Section 301.1.1

25.13.06 Amendment of Section 5.408.3

25.13.07 Amendment of Section 601.1

25.13.08: Violations

25.13.01: GREEN BUILDING STANDARDS CODE ADOPTED: Except as hereinafter provided, the mandatory measures of the California Green Building Standards Code, 201922 Edition, as published by the California Building Standards Commission, are hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Green Building Standards Code of the City. A copy of said Code shall be located in the Planning and Building Department and shall be, at all times, maintained by the Planning and Building Department for use and examination by the public.

25.13.02: ADDITION OF SECTION 101.12: Notwithstanding the provisions of Section 25.13.01 of this Article, Section 101.12 is added to the Green Building Standards Code to read as follows.
101.12 Fee for Mandatory Measures. The fee for each plan check/permit shall be as periodically established by City Council resolution.

25.13.03: AMENDMENT OF SECTION 202: Notwithstanding the provisions of Section 25.13.01 of this Article, Section 202 of the Green Building Standards Code is amended by adding a definition to read as follows:

SUSTAINABILITY. Consideration of present development and construction impacts on the community, the economy, and the environment without compromising the needs of the future.

25.13.04: AMENDMENT OF SECTION 301.1: Notwithstanding the provisions of PAGE 291 of 727
ORDINANCE NO. O-22-1400
69 Section 25.13.01 of this Article, Section 301.1 of the Green Building Standards Code is amended to read as follows:
301.1 Scope. Buildings shall be designed to include the green building measures specified as mandatory this code. Voluntary green building measures are also included in this code the application checklists and may be included in the design and construction of structures covered by this code, but are not required unless they are adopted by a city or county as specified in Section 101.7.

25.13.05: AMENDMENT OF SECTION 301.1.1: Notwithstanding the provisions of Section 25.13.01 of this Article, Section 301.1.1 of the Green Building Standards Code is amended to read as follows:

Section 301.1.1 Additions and alterations. [HCD] The mandatory provisions of Chapter 4 shall be applied to additions or alterations of existing residential buildings. Code sections relevant to additions and alterations shall only apply to the portions of the building being added or altered within the scope of the permitted work.

25.13.06: AMENDMENT OF SECTION 5.408.3: Notwithstanding the provisions of Section 25.13.01 of this Article Section 5.408.3 of the Green Building Standards Code is amended to read as follows:

5.408.3 Excavated soil and land clearing debris [BSC] 100 percent of trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. For a phased project, such material may be stockpiled on site until the storage site is developed.

Exception: Reuse, either on-or off-site, of vegetation or soil contaminated by disease or pest infestation.

Notes:

1. If contamination by disease or pest infestation is suspected, contact the County Agricultural Commissioner and follow its direction for recycling or disposal of the material. (www.cdfa.ca.gov/exec/ county/county_contacts.html)

2. For a map of known pest and/or disease quarantine zones, consult with the California Department of Food and Agriculture. (www.cdfa.ca.gov)

3. Contaminated soil shall not be reused and shall be disposed of or remediated in accordance with relevant regulations.

25.13.07: AMENDMENT OF SECTION 601.1: Notwithstanding the provisions of Section 25.12.01 of this Article, Section 601.1 is added to the Green Building Standards Code to read as follows:
601.1. This section lists the organization and standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the PAGE 292 of 727
ORDINANCE NO. O-22-1400
70 standard.

25.13.08: VIOLATIONS: Any person, firm or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Subsection 01.04.03A of this Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Article is committed, continued or permitted by any such person, and he/she shall be punishable as herein provided.”
Section 11. New Article 14 Referenced Standards Code is added to Chapter 25 of the San Marino City Code, to read as follows:

ARTICLE 14

REFERENCED STANDARDS CODE
SECTION:

25.14.01 Referenced Standards Code Adopted

25.14.01: REFERENCED STANDARDS CODE ADOPTED: Except as hereinafter provided, the California Referenced Standards Code, 202219 Edition, as published by the California Building Standards Commission, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Referenced Standards Code of the City. A copy of said Code shall be located in the Planning and Building Department and shall be, at all times, maintained by the Planning and Building Department for use and examination by the public.”
Section 12. New Article 16 Appendix J Los Angeles County Grading Standards Code is added to Chapter 25 of the San Marino City Code, to read as follows:

ARTICLE 16

APPENDIX J LOS ANGELES COUNTY GRADING STANDARDS
SECTION:

25.16.01 Appendix J Los Angeles County Grading Standards Code Adopted

25.16.01: APPENDIX J LOS ANGELES COUNTY GRADING STANDARDS CODE ADOPTED: Except as hereinafter provided, the Los Angeles County Appendix J Standards Code, 2019 Edition, as published by the Los Angeles County Department of Public Works, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Los Angeles County Appendix J Grading Standards Code of the City. A copy of said Code shall be located in the Planning and Building Department and shall be, at all times, maintained by the Planning and Building Department for use and examination by the public.”
PAGE 293 of 727
ORDINANCE NO. O-22-1400
71 Section 13. New Article 17 Existing Building Code is added to Chapter 25 of the San Marino City Code, to read as follows:

ARTICLE 17

EXISTING BUILDING CODE
SECTION:

25.17.01 Existing Building Code Adoption

25.17.01: EXISTING BUILDING CODE ADOPTED: Except as hereinafter provided, the California Existing Building Code, 202219 edition, as published by the California Bbuilding Sstandards Ccommission, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the historic building code of the city. A copy of said code shall be located in the planning and building department and shall be, at all times, maintained by the planning and building department for use and examination by the public.” Section 14. New Article 18 Historical Building Code is added to Chapter 25 of the San Marino City Code, to read as follows:

ARTICLE 18

HISTORICAL BUILDING CODE
SECTION:

25.18.01 Historical Building Code Adoption

25.18.01: HISTORICAL BUILDING CODE ADOPTED: Except as hereinafter provided, the California Historical Building Code, 202219 Edition, as published by the California Building Standards Commission, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Historical Building Code of the City. A copy of said Code shall be located in the Planning and Building Department and shall be, at all times, maintained by the Planning and Building Department for use and examination by the public.”
Section 15. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.

PASSED, APPROVED, AND ADOPTED this 14th day of December, 2022. _____________________________
MAYOR
PAGE 294 of 727
ORDINANCE NO. O-22-1400
72 ATTEST:
__________________________________

CHRISTINA BAKER, CITY CLERK
APPROVED AS TO FORM:
____________________________

JOSEPH MONTES

CITY ATTORNEY

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF SAN MARINO )
I HEREBY CERTIFY that the foregoing City of San Marino Ordinance No. O-22-1400 was introduced and read by title at a Regular Meeting of the San Marino City Council held on the 14th day of December, 2022, and was adopted on second reading at a meeting of the City Council held on the 11th day of January, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________

CHRISTINA BAKER

CITY CLERK
PAGE 295 of 727
RESOLUTION NO. R-22-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO ADOPTING FINDINGS OF NECESSITY

AND NEED FOR AMENDMENTS, DELETIONS, AND
ADDITIONS TO THE 2022 CALIFORNIA BUILDING

STANDARDS CODE BASED ON LOCAL CLIMATIC,

GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS
WHEREAS, Sections 17958 and 18941.5 of the California Health and Safety Code provide that the City may make such changes or modifications to building standards set forth in codes comprising the 2022 California Building Standards Codes and the 2019 Los Angeles County Code, Appendix J - Grading Standards as it determines are reasonably necessary because of local climatic, geological or topographical conditions.

WHEREAS, Ordinance No. O-22-1400 adopts the 2022 editions of the California Building, Residential, Plumbing, Mechanical, Electrical, Fire, Energy, Historical, Existing, Administrative, Green Building Standards, and Referenced Standards Codes and the 2019 Los Angeles County Appendix J - Grading Standards, including minor modifications to building standards and other provisions contained in said codes.

WHEREAS, Resolution No. R-22-50 is adopting findings of necessity and need for amendments, deletions, and additions to the California Building Standards Code based on climatic, geological or topographical conditions pursuant to the adoption of the California Building Standards Code by the City Council of the City of San Marino under Ordinance No. O-22-1400 adopted (second reading) on January 11, 2023 during a duly noticed public hearing at which time all interested persons were given an opportunity to be heard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO HEREBY FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. Findings supporting local amendments. The modifications to Codes comprising the 2022 California Building Standards Code and the 2019 Los Angeles County Grading Standards that have been enacted are a continuation of the San Marino Building Code. The City Council expressly finds that all of the changes and modifications to such Codes, whether previously enacted or enacted in this ordinance, are reasonably necessary because of local climate characterized by hot, dry summers, followed by strong Santa Ana winds and heavy winter rains, the location in Southern California, the relatively flat topography of the City and the location of the Raymond fault within the City.

A. Specifically, the City Council hereby finds that the modifications to the California Building Code regarding the amendment to the California Fire Code, fire sprinkler system (Section 903.2), fire alarm system (Section 907.2), are reasonably necessary to the health, safety and general welfare of the residents of the City due to the following local climatic, topographic and geological condition:

1. The City is located in an area climatically classified as arid and prone to hot, dry Santa Ana winds of high velocity. Santa Ana winds are unique to this region of Southern California. Moreover, due to the arid nature of the area, the weather during Santa Ana conditions tends to be hot, dry and windy. The hot, dry and windy PAGE 296 of 727
weather conditions are very hazardous to populated areas insofar as flame spread is concerned.

2. Because of the above-described climatic conditions, the City and the surrounding cities have historically suffered from occasional structural fires. These have often been difficult to control due to the relatively flat topography of the City and the dry winds carrying sparks and cinders to surrounding structures.

3. The City is located in a seismically active area, bisected by the Raymond Fault, and it is reasonably foreseeable that an earthquake would render the City particularly vulnerable to devastation.

4. Because of the above-described geological conditions, the City, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel with apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within the City likewise occur in surrounding communities, thereby rendering mutual aid assistance problematic.

B. The City Council hereby further finds that the selected recommended technical amendments to the 2022 California Building and Residential Codes (primarily Building Code Section 1704.6, and Fire Code Sections 903.2 and 907.2) are administrative or procedural in nature and necessary to allow the application of such codes by procedures suited to the size and nature of the City and its staff. The changes made also include provisions to make each of said Codes consistent with other Codes enforced by the City.

C. The City Council hereby further finds that the other modifications to the 2022 California Codes and the addition of the 2019 Los Angeles County Code Appendix J Grading Standards are administrative or procedural in nature and necessary to allow the application of such codes by procedures suited to the size and nature of the City and its staff. The changes made also include provisions to make each of said Codes consistent with other Codes enforced by the City.

D. The City Council hereby further finds that the modifications to the 2022 Plumbing, Mechanical, Electrical and Energy Code Standards are administrative or procedural in nature and necessary to allow the application of such codes by procedures suited to the size and nature of the City and its staff. The changes made also include provisions to make each of said Codes consistent with other Codes enforced by the City.

E. The City Council hereby further finds that the 2022 Historical and Existing Code Standards are administrative or procedural in nature and necessary to allow the application of such codes by procedures suited to the size and nature of the City and its staff. The changes made also include provisions to make each of said Codes consistent with other Codes enforced by the City such as Chapter 23 Article 18, Historic Preservation.

SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified copy of the same and Ordinance No. O-22-1400 to be forthwith transmitted to the California Building Standards Commission.

PAGE 297 of 727
PASSED, APPROVED, AND ADOPTED this 11th day of January, 2023. ______________________________________
MAYOR

CITY OF SAN MARINO
ATTEST:
__________________________________

CHRISTINA BAKER, CITY CLERK

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-22-50 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 11th day of January, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO
PAGE 298 of 727
TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Robert Newman, Interim Parks & Public Works Director DATE: December 14, 2022
SUBJECT: APPROVAL OF TWO-YEAR CONTRACT RENEWAL WITH
316 ENGINEERING AND CONSTRUCTION, INC. FOR

COLLECTION SYSTEM CLEANING AND MAINTENANCE
SERVICES IN THE AMOUNT OF $370,240

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Safe Community
Well-Maintained Infrastructure

BACKGROUND
On December 12, 2018, the City Council approved an award of a four-year maintenance services agreement with 316 Engineering for collection system cleaning and maintenance services, as they were the low bidder in a competitive bidding process for the project. Under this agreement, 316 Engineering provides regular maintenance cleaning and repairs to the City’s 50 miles of underground sewer lines that collect sewage from individual properties and convey it into the County of Los Angeles sewer trunk lines.

These services are imperative in preventing sewage overflows into the street, homes, and businesses. The original agreement expires on December 31, 2022, and provides for the possibility of one two-year contract renewal. Staff is recommending the City Council proceed with approving this renewal, which will begin January 1, 2023 and run until December 31, 2024.

Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
PAGE 299 of 727

DISCUSSION
The annual collection system cleaning and maintenance program performed by 316 Engineering includes cleaning and inspecting by closed-circuit television of the clay pipe sewer main; cleaning and inspecting 21 “trouble spots” twice per year; 60 hours per year of urgent cleaning services; and 60 hours per year of troubleshooting inspections deemed necessary by the City engineer. A complete cleaning and inspection cycle takes roughly two years.

The proposed contract renewal will allow for the completion of one additional cycle.

Staff has found 316 Engineering’s performance to be satisfactory for the duration of the existing contract, as they have been very responsive and professionally competent. As such, staff is recommending the City Council approve the two-year renewal.

FISCAL IMPACT & PROCUREMENT REVIEW
The adopted FY 2022-23 budget includes $177,240 in account no. 101-44- 4150-0000 (Other Contract Services - Sewer). Sufficient funds have been budgeted in this account for FY 2022-23, and as such, no additional appropriation will be necessary. Per the contract, each fiscal year the contract price is adjusted by the percentage change in the construction cost index published by Engineering News Record, with the annual increase to be no larger than 5 percent. As such, the total cost of this contract renewal will be $370,240. See below for cost breakdown:

Fiscal
Year
Contract
Cost Notes
2022-
23 $88,100 Half of $176,200 budgeted FY 2022-23, as this will cover January-June 2023 2023-
24 $185,010 FY 2022-23 cost plus 5 percent contractual increase 2024-
25 $97,130
FY 2023-24 cost plus 5 percent increase,
budgeted for 6 months. The contract will
expire in December 31, 2024 and thus
not cover the entire FY 2024-25.

Total
Cost $370,240
Ultimately, the City Council has the authority to increase or decrease the contract amount during the annual budget process.

PAGE 300 of 727
The Finance Director has reviewed this staff report for compliance with San Marino City Code §02.06.05.A.3.

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

RECOMMENDATION
Staff recommends that the City Council approve a two-year contract renewal in the amount of $370,240 with 316 Engineering and Construction. If Council concurs, an appropriate motion would be:
“I move to approve a two-year contract renewal in the amount of $370,240 with 316 Engineering and Construction, Inc., for Collection System Cleaning and Maintenance Services through December 31, 2024, and authorize the City Manager to execute the contract renewal on behalf of the City.”

ATTACHMENTS

1. Draft Maintenance Services Agreement with 316 Engineering PAGE 301 of 727

AGREEMENT FOR

COLLECTION SYSTEM CLEANING AND MAINTENANCE SERVICES
Project No 18-44-4150
Between

THE CITY OF SAN MARINO,
a municipal corporation,
and
316 ENGINEERING & CONSTRUCTION, INC.
a California corporation
Dated: December 14, 2022
PAGE 302 of 727
1 AGREEMENT FOR

MAINTENANCE SERVICES
This Agreement for Maintenance Services (“Agreement”) is entered into as of the date referenced on the cover page (“Effective Date”) between the City of San Marino, a California municipal corporation (“City”) and 316 Engineering and Construction, Inc. (“Contractor”) (collectively the “Parties”). In consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

SECTION 1.

1.1 SCOPE OF SERVICES
Identification of Contractor
Name: 316 Engineering & Construction
Address: 7434 Garvalia Avenue, Rosemead, CA 91770
Type of Entity: A California Corporation
License Numbers: CA Contractors License # 986498

1.2 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for 2 years commencing on January 1, 2023.

1.3 Description of Contractor’s Services. Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those maintenance services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“Services”). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and Contractors at all reasonable times.

1.4 Performance of Services. Contractor represents that it possesses the requisite training, licenses and permits necessary to perform the Services, and that its performance of the Services shall conform to the standard of practice of a professional having specific experience and expertise in professional services of like nature and complexity of the Services.

1.5 Compensation for Contractor’s Services.

Compensation for the Services shall be (select one):
___x____ Lump Sum of $ 180,605 (Year 1) With progress payments; or PAGE 303 of 727
2 guaranteed not to exceed price of $ 370,240
City may adjust compensation for the Services based on the year to year Engineering News Record (ENR) Construction Cost Index (CCI) percentage change with a maximum increase of 5% (no limit on decrease) per year.

1.6 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.18 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.

1.7 Schedule of Performance. Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.18 [Administration and Implementation] and Contractor.

1.8 Progress and Coordination. Upon City’s request, Contractor shall provide City with progress submittals showing status of Services, at times and increments as City may reasonably request, and shall provide City with a progress schedule for performance of the Services, at times and in a level of detail as City may reasonably request. Contractor shall coordinate with City and authorities with jurisdiction as necessary to perform the Services. Time is of the essence in the performance of the Services.

1.9 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.

1.10 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services.

Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this PAGE 304 of 727
3 Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

1.11 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

SECTION 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Compensation. City shall pay to Contractor for non-disputed Services rendered, the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].

2.2 Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.

2.3 Prior to execution of the Agreement, the State of California declared a state of emergency and issued a stay at home order in connection with the COVID-19 pandemic, and the County of Los Angeles (“County”) issued numerous orders relating to COVID-19, including without limitation an Order to Shelter in Place, originally dated March 17, 2020 (as subsequently extended and amended, including after the date of the Agreement, the “County Order”). In no event shall Contractor be entitled to any additional compensation in connection with any delay or costs associated with the COVID 19 pandemic, the County Order, or any other governmental requirements or regulations in connection therewith, whether currently existing or hereinafter enacted. In the event of any conflict between the terms of this Section and any other provision of the Agreement, in all events, the terms of this Section shall control.

SECTION 3. RESPONSIBILITIES OF CONTRACTOR

3.1 Control and Payment of Subordinates; Independent Contractor. Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor is not entitled PAGE 305 of 727
4 to any benefits that Owner provides to Owner employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall pay all payroll taxes imposed by any governmental entity and shall pay all other required taxes.

3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.

3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.

3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services.

3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.6 Labor Code and Prevailing Wage Requirements.

3.6.1 Prevailing Wage Laws. Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the compliance with other requirements on “Public Works” and “Maintenance” projects. Contractor shall pay prevailing wages to its employees on any agreement in excess of $1,000.00.

Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement.

3.6.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

PAGE 306 of 727
5 SECTION 4. INDEMNIFICATION

4.1 Indemnity. Except as to the sole negligence, active negligence, or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.

4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.

4.3 Costs and Expenses. For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, Contractor fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.

4.4 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, PAGE 307 of 727
6 H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the CarpenterPresley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.

SECTION 5. RECORDS AND AUDIT

5.1 Records and Audit. At Owner’s request, Contractor shall make available to Owner, its authorized agents, officers, or employees, for audit, photocopy or compilation, any and all ledgers, books of accounts, invoices, payrolls, vouchers, cancelled checks, correspondence, internal memoranda, calculations, drafts, and other records or documents evidencing or relating to the performance of the Services (hard copy or electronic), expenditures and disbursements charged to Owner in connection with the Services. Contractor shall maintain such documents for at least three (3) years following completion of the Services. Such rights shall be specifically enforceable.

SECTION 6. INSURANCE

6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.

6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

6.3 Modification of Insurance Provisions. The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.

SECTION 7. BONDS

7.1 Performance and Payment Bonds. If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, PAGE 308 of 727
7 Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.

7.2 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds.

No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.

7.3 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a Californiaadmitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

SECTION 8. TERMINATION

8.1 Termination and Suspension. City may, with or without cause, direct Contractor to suspend, delay or interrupt Services, in whole or in part, for such periods of time as City may determine in its sole discretion. City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Contractor commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of City’s written notice to Contractor demanding such cure, in which case Contractor shall be liable to City for all loss, cost, expense, damage and liability resulting from such breach and termination. City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever City determines that such termination is in City’s best interests, in which case Contractor shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense.

Contractor shall continue its work throughout the course of any dispute, and Contractor’s failure to continue work during a dispute shall be a material breach of this Purchase Order.

SECTION 9. GENERAL PROVISIONS

9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

PAGE 309 of 727
8 9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

9.3 Conflict of Interest. Contractor represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, Contractor represents to and agrees with City that Contractor has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing City services hereunder, including but not limited to, any interest (financial, shared ownership, shared management, shared directors, or reporting responsibilities) Contractor may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, Contractors, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

9.4 Confidentiality. Any information, whether proprietary or not, made known to or discovered by Contractor during the performance of or in connection with this Agreement for City, will be kept confidential and not be disclosed to any other person. Contractor will immediately notify City in writing if it is requested to disclose any information made known to or discovered by Contractor during the performance of or in connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to City hereunder.

9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.

9.6 Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.

9.7 Integration. This Agreement, including the attached Exhibits “A” through “F”, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other prior agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding.

9.8 Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

9.9 Prohibited Interests. Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

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9 9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the San Marino Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.

9.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

9.12 Delivery of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.

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

9.13 Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

9.14 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

9.15 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.

9.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

9.17 Authority to Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.

9.18 Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 9.10 [Amendment] and the City Manager’s contracting authority under the City’s Municipal Code.

SIGNATURES ON FOLLOWING PAGE
PAGE 311 of 727
10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
“CITY”
CITY OF San Marino
Mario Rueda
Acting City Manager
ATTEST:
_____________________________
Christina Baker, City Clerk
APPROVED AS TO FORM:
_____________________________
Joe Montes, City Attorney
“CONTRACTOR”
316 ENGINEERING & CONSTRUCTION, INC.

By:

Name:

Title:

By:

Name:

Title:

PAGE 312 of 727
EXHIBIT “A”

SCOPE OF SERVICES
The Project includes, without limitation, furnishing all necessary labor, materials, equipment, and other incidental and appurtenant work necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, begin given as a basis for the comparison of bids. Actual quantities of Work to be performed may vary at the discretion of the City Engineer.

Work includes cleaning and inspecting by closed-circuit television 25 miles of 8 and 10-inch vitrified clay pipe sewer main on an annual basis. Cleaning and inspecting 21 "trouble spots" twice a year, 60-hours per year of urgent cleaning services and 60-hours per year of inspections directed by the City are also included in the scope of work.

Requests for information or clarification shall be addressed to the City Engineer.

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EXHIBIT “B”

SCHEDULE OF PERFORMANCE
See "Collection System Cleaning and Maintenance Services" contract documents approved by the San Marino City Council on December 12, 2018 and incorporating all Addenda issued.

PAGE 314 of 727
EXHIBIT “C”

COMPENSATION
Compensation is not to exceed $180,605 for the first year of the project (January 1- December 31, 2023) and not to exceed $370,240 for the full duration of the contract.

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EXHIBIT “D”

REPRESENTATIVES
CITY’S REPRESENTATIVE
City of San Marino
Parks & Public Works Department
Attn: Director of Parks and Public Works/City Engineer
2200 Huntington Drive, San Marino, CA 91108
Phone: 626-300-0765
CONTRACTOR’S REPRESENTATIVE
316 Engineering & Construction, Inc.

Attn: Fayz Ashker
7434 Garvalia Avenue Rosemead, CA 91770
PAGE 316 of 727
EXHIBIT “E”

BONDS REQUIRED
The Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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EXHIBIT “F”

INSURANCE REQUIREMENTS FOR CITY OF SAN MARINO
Contractor’s Duty to Show Proof of Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

Coverage shall be at least as broad as:

Commercial General Liability (CGL)
Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project / location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability
If the Contractor or the Contractor’s officers, employees, agents, representatives or subcontractors utilize a motor vehicle in performing any of the work or services under the Agreement Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees) Professional Liability (Errors and Omissions)
Insurance appropriates to the Contractor’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Contractor maintains broader coverage and / or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and / or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Application of Excess Liability Coverage
Contractor may use a combination of primary, and excess insurance policies which provide coverage as broad as (“follow form” over) the underlying primary policies, to satisfy the Required Insurance Provisions.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured / Waiver of Subrogation
The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or PAGE 318 of 727
operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance shall be primary for insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Reporting: Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or its officers, officials employees, agents or volunteers.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
Contractor shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by PAGE 319 of 727
the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor’s officers, employees, agents, representatives or subcontractors. Contractor’s obligation to defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the PO for Contractor to procure and maintain a policy of insurance.

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TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Paul Chung, Finance Director
Mark Siegfried, Accounting Manager/Controller
DATE: December 14, 2022
SUBJECT: RECEIVE AND FILE ANNUAL COMPREHENSIVE

FINANCIAL REPORT (ANNUAL AUDIT) FOR THE FISCAL
YEAR ENDED JUNE 30, 2022

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

BACKGROUND
The Annual Comprehensive Financial Report (ACFR) is used to communicate the City’s financial condition and activity in a transparent and organized manner. The ACFR presents historical and comparative information that can be useful to City Staff, elected officials, and external users, such as businesses, other public agencies, and the City’s residents. As required by the Citywide Financial Policies, the ACFR is prepared by the City and audited by independent auditors who are contracted through a competitive procurement process.

On March 10, 2021, the City entered into a new five-year contract with Lance, Soll & Lunghard, LLP (LSL) to provide auditing services of the City’s financial records and assist in preparing the City’s audited ACFR. LSL conducted the audit in accordance with the Generally Accepted Auditing Standards, whereby an audit plan was prepared and followed to obtain reasonable assurance that the City’s financial statements were free from material misstatements. The audit included a review, on a test basis, of documents supporting the amounts and disclosures in the financial statements. The audit also assessed the Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
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accounting principles used and significant estimates made by management, as well as evaluated the overall general-purpose financial statement presentation.

Fiscal Year 2021-22 represents the second year that the City has created an ACFR in accordance with standards prescribed by the Government Finance Officers Association (GFOA). This was an objective that the Finance Department previously disclosed as one of its goals during the FY2021-22 budget process and continues to be one of the Department’s core goals moving forward. In addition to the financial statements and required supplementary information which were provided in the past, the ACFR also provides a letter of transmittal and a statistical section detailing information about the City that external users can use to see ten-year trends of the City. This year’s ACFR will be submitted to the GFOA as part of their Certificate of Achievement for Excellence in Financial Reporting.

DISCUSSION
The attached ACFR (Attachment 1) for the fiscal year ended June 30, 2022 received an unqualified/unmodified “clean” audit opinion letter. A clean opinion communicates to users that the financial statements are fairly presented and that the information used in the statements is reliable.

The recent history of findings is displayed below.

Fiscal Year Number of Material
Weaknesses
Number of Significant
Deficiencies
Fiscal Year 2015 6 1
Fiscal Year 2016 2 1
Fiscal Year 2017 0 1
Fiscal Year 2018 1 1
Fiscal Year 2019 0 0
Fiscal Year 2020 0 0
Fiscal Year 2021 0 0
Fiscal Year 2022 0 0
In the Statement of Auditing Standards Statement (SAS) 114 letter (Attachment 2), the letter details the scope of audit procedures performed, significant findings, and other information, such as disagreements with management, audit adjustments and significant estimates, that are not communicated in the audited financial statements.

In the past, the City had a history of material weaknesses and significant deficiencies that suggested fundamental operational problems that were PAGE 322 of 727
reported by the auditors. In the Statement of Auditing Standards Statement (SAS) 115 letter (Attachment 3), LSL did not identify any deficiencies in internal controls that they consider as material weaknesses or significant deficiencies that require corrective action by the City.

The City’s General Fund had a net change of $1,679,788 for the year ended June 30, 2022 which includes the City Council approving a transfer of $2.3 million to the Capital Projects Fund to fund future projects.

The General Fund’s unassigned fund balance as of June 30, 2022 is $16.3 million. This represents a reserve ratio of 53% measured against annual General Fund revenues. The City’s Financial Policies specify that the General Fund unassigned fund balance shall be approximately 40% of General Fund revenues.

Overall, the City’s Annual Financial Statements reflect the City’s strong financial condition with a healthy General Fund balance.

The format and content of the ACFR are largely prescribed in order to meet governmental accounting standards. The City’s ACFR includes the following major sections and information:

Introductory Section
• Letter of Transmittal
• Organizational Chart
• List of Elected and Administrative Officials
Financial Section
• Independent Auditors’ Report: the City’s report card on the content of the Financial Statements
• Management’s Discussion and Analysis (MD&A): provides an analytical overview of the City’s financial status
• Governmental-Wide Financial Statements: show finances at a point in time (assets – liabilities) and throughout the year (revenues – expenditures), budget to actual revenues and expenditures, and cash flows
• Fund Financial Statements: a detailed look at funds, showing Balance Sheet and Statement of Revenues, Expenditures, Changes in Fund Balance, and Net Position
• Notes to Financial Statements: a narrative explanation that accompanies the Basic Financial Statements
PAGE 323 of 727
• Budget to Actual Comparisons: General Fund and other select major funds
• Pension Information: 8 years of pension funding information • Other Post-Employment Benefits (OPEB) Information: 5 years of OPEB funding information
• Breakout of Individual Funds: presented in a cumulative manner in the Financial Section
Statistical Section
• Financial Trends
• Revenue Capacity
• Debt Capacity
• Demographic and Economic Information
• Operating Information
In an effort to make this complicated and large document more user-friendly, staff has provided a summary explanation of the ACFR in this staff report.

GENERAL FUND BALANCE (Page 16)
The most notable measure of a City’s financial health is the General Fund balance. As presented in the Basic Financial Statements, as of June 30, 2022, the total fund balance of General Fund is $18.2 million, an increase of $1.7 million for the year. (Includes Transfers In/Out)
• General Fund revenues increased by $1.3 million, or 4.3%, compared to FY 2020-21. The overall increase in General Fund revenues was driven by an increase in property taxes due to a strong real estate market.
• Expenditures increased by $1.3 million, or 5.4%. The primary reason for the increase was the salary related expense increases that are part of the Memorandum of Understandings with the various City employee associations that was effective July 1, 2019 as well as due to the City being open throughout the year versus being partially shut down in the fiscal year that ended June 30, 2021.

CITYWIDE NET POSITION (Pages 9-10 and Pages 14-15)
The Statement of Net Position on page 14, similar to a balance sheet, shows total assets and liabilities of the City as of June 30, 2022. The total net position of the City for all activities was $195.3 million. The net position increased by $2.0 million, or 1.0% during the year. Revenues increased by $1.2 million, or 3.8% and expenses decreased by $0.2 million, or -0.6%, over the prior year amounts.

PAGE 324 of 727
Net position is broken out into three categories: capital, restricted, and unrestricted.

Investment in Capital Assets ($195.6 million)
Capital assets include land, construction in progress, structures & improvements, furniture & equipment, and infrastructure.

Capital Assets Include
Land $ 149,584,512 City Hall, Lacy Park, Stoneman
School
Construction in Progress 776,056 San Marino Center
Structures &
Improvements 13,296,680 Crowell Library
Furniture & Equipment 2,048,598 Fire Engine, Police Vehicles, Ambulance
Infrastructure 29,875,920 Street Lights, Sidewalks, Pipes $ 195,581,766 Total
Restricted Net Position ($5.4 million)
These assets are subject to agreements with creditors, developers, grantors, or laws or regulations of other governments.

Special Revenue Funds Affected
Community Development
Projects $ 639,480 SCAQMD, Recycling Grant, PEG
Public Safety 515,015 Asset Seizure, COPS Grant
Public Works 2,746,268 Gas Tax, Prop A, Prop C, STPL, Used Oil
Capital Projects 519,454 Measure M & R Funds
Debt Service 7,473 Funds Held With Wells Fargo for POB
Payments
Section 115 Trust 983,628 CalPERS CEPPT Trust for Future Pension Payments
$ 5,411,318
PAGE 325 of 727
Unrestricted Net Position (-$5.7 million)
This represents the balance of net position that is neither part of capital assets nor restricted. The negative $5.7 million unrestricted net position deficit is primarily caused by the reporting of the net pension liability and other postemployment benefits (OPEB) liability as required under GASB Statements No. 68 and No. 75, respectively. Of the negative $5.7 million, $7.0 million is OPEB lability which was required by GASB 75. Additional information regarding the OPEB liability is available on pages 45-48 (Note 11) of the ACFR. The City saw a decrease in OPEB liability of $1.0 million in fiscal year ending (FYE) 6/30/22 compared to the prior year as the City’s actuarial report took into account the $500k contribution into the Section 115 Trust opened with CalPERS as well as the actuary using a discount rate based on the Trust’s investment returns and not Bond Index rates.

CASH AND INVESTMENTS (Pages 31-34, Note 3)
The Financial Statement also includes detailed information on the City’s cash and investments. As of June 30, 2022, the City had $42.4 million in total cash and investments (an increase of $2.5 million). 88% of which is in the form of investments authorized by the California Government Code and the City’s investment policy. The remaining 12% of which are held in cash for ongoing operations.

LONG TERM LIABILITIES (Pages 35-36, Note 6)
The City’s one outstanding bond issue, the 2007 Pension Obligation Bonds (POBs), will be paid off in FY 2023-24. The City transferred $531,712 ($450,000 in principal plus $81,712 in interest) to its Debt Service Fund to service the debt associated with the 2007 POBs. As of June 30, 2022, the outstanding balance was $1,040,000.

PENSION LIABILITIES (Pages 39-44, Note 9)
Total net pension liability, or unfunded liability, is based on projected future benefit payments attributed to the current and past employees’ service, less the assets accumulated to pay those liabilities. The City’s annual payments include a portion to fund current benefits as well as an amount to pay down the unfunded liability. Annual actuarial valuations provide the City with the amount of the contribution that must be paid annually into the plan to ensure that the current unfunded liability is paid off over the following 30 years. The aggregate net pension liability reported in the Statement of Net Position is $22.5 million. The net pension liability decreased by $13.2 million, or 36.9%, this year, primarily due to the changes to the discount rate used by CalPERS and the City continuing to pay down its unfunded liability.

PAGE 326 of 727
OPEB LIABILITIES (Pages 45-48, Note 11)
The aggregate net OPEB liability reported in the Statement of Net Position is $7.0 million which is a decrease of $1.0 million from the prior year’s valuation of $8.0 million. The $1.0 million decrease is due to a variety of factors including the City setting up a Section 115 Trust during the year to pay future OPEB costs, as well as a change in the discount rate used from 2.21% up to

2.53%.

GENERAL FUND BUDGETARY COMPARISON (Page 53)
General Fund revenues were under budget by $0.8 million primarily due to budgeted revenues from the American Rescue Plan being $0.8 million less than expected. The City is projected to recognize revenues of $2.7 million over the next few years as projects are completed. Expenditures were lower than the adopted budget by $1.7 million primarily due to budget savings due to personnel vacancies as well as the City not incurring many planned expenditures as certain projects continued into Fiscal Year 2022-23.

FISCAL IMPACT & PROCUREMENT REVIEW
The receiving and filing of the City’s financial statements possesses no fiscal impact and requires no procurement review.

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

RECOMMENDATION
Staff recommends that this annual financial statement be received and filed. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to receive and file the audited financial statements for the fiscal year ended June 30, 2022.”

ATTACHMENTS

1. City of San Marino Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022

2. Auditor’s Communication Letter (SAS 114) for the Fiscal Year Ended June 30, 2022

3. Auditor’s Report on Internal Controls (SAS 115) for the Fiscal Year Ended June 30, 2022
PAGE 327 of 727
Attachment 1:

City of San Marino Financial Statements
for the Fiscal Year Ended June 30, 2022
PAGE 328 of 727

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CITY OF SAN MARINO
2200 Huntington Drive
San Marino, CA 91108-2639
www.cityofsanmarino.org
November 14, 2022
Honorable Mayor, Vice Mayor, and City Councilmembers:

The Finance Department is excited to present to the City Council the City of San Marino’s (City) second Annual Comprehensive Financial Report (ACFR), formally known as the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2022. The ACFR is intended to provide readers with a clearly articulated, user-friendly reporting of the City’s financial affairs. Within the ACFR, readers will find reporting on all funds and account groups for the City. This report consists of management’s representations concerning the finances of the City. As such, management assumes full responsibility for the completeness and reliability of the information contained in this report.

State Law requires the City to prepare an annual financial report. This report fulfills that obligation.

Lance, Soll & Lunghard, LLP, an independent firm of certified public accountants, has issued an unmodified opinion on the financial statements of the City for the year ended June 30, 2022. This will be the fourth year in a row that the City was able to achieve a clean opinion from the auditors with no material weaknesses or significant deficiencies. The independent auditors’ report is located at the front of the financial section of this ACFR. The ACFR has been prepared in conformity with Generally Accepted Accounting Principles (GAAP) and the financial reporting requirements prescribed by the Governmental Accounting Standards Board (GASB). These reporting requirements specify that management provide a narrative introduction, overview and analysis to accompany the financial statements in the form of a Management’s Discussion and Analysis (MD&A). The MD&A, which immediately follows the independent auditors’ report, complements this letter of transmittal and should be read in conjunction with it.

THE PRIMARY GOVERNMENT
The City is a General Law city and operates under a Council/Manager form of government.

The City Council consists of five members that are elected at-large and typically serve staggered, four-year terms. The Mayor and Vice Mayor seats typically are one-year in duration and are selected by the Council Members. The City Council serves as the City’s primary governing body. The City Council additionally appoints the City Manager, the City Attorney and the City Treasurer. The City Manager oversees daily functions and ensures that directions of the City Council are carried out. The City provides Public Safety (Police and Fire), Community Development, Planning, Building and Safety, Parks and Public Works, Code Enforcement, Recreation Programs, Library Services, Financial Management, and Administrative Services mostly with City employees.
i
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Auditor’s Responsibilities for the Audit of the Financial Statements 2XUREMHFWLYHVDUHWRREWDLQUHDVRQDEOHDVVXUDQFHDERXWZKHWKHUWKHILQDQFLDOVWDWHPHQWVDVDZKROHDUH IUHHIURPPDWHULDOPLVVWDWHPHQWZKHWKHUGXHWRIUDXGRUHUURUDQGWRLVVXHDQDXGLWRU¶VUHSRUWWKDWLQFOXGHV RXURSLQLRQ5HDVRQDEOHDVVXUDQFHLVDKLJKOHYHORIDVVXUDQFHEXWLVQRWDEVROXWHDVVXUDQFHDQGWKHUHIRUH LV QRW D JXDUDQWHH WKDW DQ DXGLW FRQGXFWHG LQ DFFRUGDQFH ZLWK *$$6 DQG Government Auditing StandardsZLOODOZD\VGHWHFWDPDWHULDOPLVVWDWHPHQWZKHQLWH[LVWV7KHULVNRIQRWGHWHFWLQJDPDWHULDO PLVVWDWHPHQWUHVXOWLQJIURPIUDXGLVKLJKHUWKDQIRURQHUHVXOWLQJIURPHUURUDVIUDXGPD\LQYROYHFROOXVLRQ IRUJHU\LQWHQWLRQDORPLVVLRQVPLVUHSUHVHQWDWLRQVRUWKHRYHUULGHRILQWHUQDOFRQWURO0LVVWDWHPHQWVDUH FRQVLGHUHGPDWHULDO LIWKHUH LV D VXEVWDQWLDO OLNHOLKRRGWKDW LQGLYLGXDOO\ RU LQWKH DJJUHJDWHWKH\ZRXOG LQIOXHQFHWKHMXGJPHQWPDGHE\DUHDVRQDEOHXVHUEDVHGRQWKHILQDQFLDOVWDWHPHQWV ,QSHUIRUPLQJDQDXGLWLQDFFRUGDQFHZLWK*$$6DQGGovernment Auditing StandardsZH
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Other Reporting Responsibilities
Required Supplementary Information
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2 PAGE 346 of 727
To the Honorable Mayor and Members of the City Council
City of San Marino, California
We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The combining and individual fund financial statements and schedules (supplementary information) are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the supplementary information is fairly stated, in all material respects in relation to the basic financial statements as a whole.

Other Information
Management is responsible for the other information included in the annual report. The other information comprises the introductory section and statistical section but does not include the basic financial statements and our auditor’s report thereon. Our opinions on the financial statements does not cover the other information, and we do not express an opinion or any form of assurance thereon. In connection with our audit of the financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated November 14, 2022 on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance.

Brea, California
November 14, 2022
3 PAGE 347 of 727

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4 PAGE 348 of 727
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13 PAGE 357 of 727

CITY OF SAN MARINO, CALIFORNIA

STATEMENT OF NET POSITION
Governmental
Activities
Assets:

Cash and investments $ 41,368,244
Receivables:

Accounts 202,048
Taxes 1,536,723
Notes and loans 8,656
Accrued interest 15,673
Due from other governments 52,623
Inventories 80,034
Prepaid costs 218,921
Restricted cash and investments 983,628
Restricted cash and investments with fiscal agents 25,455 Right to use leased assets, net of amortization 333,950 Capital assets, not being depreciated 150,360,568
Capital assets, net of depreciation 45,222,143
Total Assets 240,408,666
Deferred Outflows of Resources:

Deferred pension-related items 8,501,480
Deferred other post-employment benefits-related items 2,402,378 Total Deferred Outflows of Resources 10,903,858
Liabilities:

Accounts payable 1,856,145
Accrued liabilities 394,977
Accrued interest 4,520
Unearned revenue 1,184,426
Pass-through payable 476
Deposits payable 5,652
Due to other governments 112,312
Noncurrent liabilities:

Due within one year:

Compensated absences 778,287
Claims and judgments 160,430
Bonds payable 495,000
Leases payable 82,849
Due in more than one year:

Claims and judgments 1,882,919
Bonds payable 541,854
Leases payable 252,046
Net pension liability 22,526,953
Net other post-employment benefits liability 6,983,440
Total Liabilities 37,262,286
Deferred Inflows of Resources:

Deferred pension-related items 16,859,518
Deferred other post-employment benefits-related items 1,940,512 Total Deferred Inflows of Resources 18,800,030
Net Position:

Net investment in capital assets 195,581,766
Restricted:

Community development projects 639,480
Public safety 515,015
Public works 2,746,268
Capital projects 519,454
Debt service 7,473
Section 115 Trust 983,628
Unrestricted (5,742,876)
Total Net Position $ 195,250,208
JUNE 30, 2022
The notes to financial statements are an integral part of this statement. 14 PAGE 358 of 727

CITY OF SAN MARINO, CALIFORNIA

STATEMENT OF ACTIVITIES
FOR THE YEAR ENDED JUNE 30, 2022
Operating Capital
Charges for Contributions Contributions Governmental
Expenses Services and Grants and Grants Activities
Functions/Programs
Governmental Activities:

General government $ 4,611,101 $ 222,525 $ 688,812 $ - $ (3,699,764) Public safety 15,698,333 4,303,390 637,969 - (10,756,974) Community development 2,154,836 1,006,379 15,395 - (1,133,062) Recreation 1,433,822 688,749 3,854 - (741,219)
Parks and public works 4,906,827 194,465 621,513 373,503 (3,717,346) Library 1,746,247 240,122 27,360 - (1,478,765)
Interest on long-term debt 81,328 - - - (81,328)
Total Governmental Activities $ 30,632,494 $ 6,655,630 $ 1,994,903 $ 373,503 (21,608,458) General Revenues:

Taxes:

Property taxes, levied for general purpose 18,265,599
Property taxes in lieu of motor vehicle fees 2,238,910
Sales taxes 526,987
Franchise taxes 625,255
Business licenses taxes 406,759
Utility users tax 1,873,500
Use of money and property (472,268)
Other 156,216
Total General Revenues 23,620,958
Change in Net Position 2,012,500
Net Position at the Beginning of the Year 193,237,708
Net Position at the End of the Year $ 195,250,208
Program Revenues
Net (Expenses)
Revenues and
Changes in Net
Position
The notes to financial statements are an integral part of this statement. 15 PAGE 359 of 727
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7KHQRWHVWRILQDQFLDOVWDWHPHQWVDUHDQLQWHJUDOSDUWRIWKLVVWDWHPHQW 17 PAGE 361 of 727

CITY OF SAN MARINO, CALIFORNIA

STATEMENT OF REVENUES,

EXPENDITURES AND CHANGES IN FUND BALANCES

GOVERNMENTAL FUNDS
FOR THE YEAR ENDED JUNE 30, 2022
Capital
Projects Fund
Other Total
Governmental Governmental
General Funds Funds
Revenues:

Taxes $ - 27,164,771 $ 602,731 $ $ 27,767,502
Licenses and permits 804,531 - - 804,531
Intergovernmental 793,521 - 1,143,634 1,937,155
Charges for services 2,149,751 - - 2,149,751
Use of money and property (266,640) (186,136) (20,267) (473,043) Fines and forfeitures 41,997 - - 41,997
Contributions 111,690 100,000 - 211,690
Miscellaneous 131,216 25,000 - 156,216
Total Revenues (Losses) 30,930,837 (61,136) 1,726,098 32,595,799 Expenditures:

Current:

General government 4,272,726 - 115,937 4,388,663
Public safety 13,963,948 - 217,743 14,181,691
Community development 2,071,690 - - 2,071,690
Parks and recreation 1,365,720 - 31,324 1,397,044
Public works 3,342,927 179,336 - 3,522,263
Library 1,391,883 - - 1,391,883
Capital outlay - 1,573,784 1,834,000 3,407,784
Debt service:

Principal retirement - - 450,000 450,000
Interest and fiscal charges - - 81,712 81,712
Total Expenditures 26,408,894 1,753,120 2,730,716 30,892,730 Excess (Deficiency) of Revenues
Over (Under) Expenditures 4,521,943 (1,814,256) (1,004,618) 1,703,069 Other Financing Sources (Uses):

Transfers in - 2,350,000 513,729 2,863,729
Transfers out (2,863,729) - - (2,863,729)
Leases 21,574 - - 21,574
Total Other Financing Sources (Uses) (2,842,155) 2,350,000 513,729 21,574 Net Change in Fund Balances 1,679,788 535,744 (490,889) 1,724,643 Fund Balances, Beginning of Year 16,541,277 18,324,777 4,542,262 39,408,316 Fund Balances at the End of the Year $ 18,221,065 $ 18,860,521 $ 4,051,373 $ 41,132,959 Capital
Projects Fund
The notes to financial statements are an integral part of this statement. 18 PAGE 362 of 727
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CITY OF SAN MARINO, CALIFORNIA

STATEMENT OF NET POSITION

PROPRIETARY FUND
FOR THE YEAR ENDED JUNE 30, 2022
Assets:

Current:

Cash and investments $ 1,266
Receivables:

Accounts 48,065
Accrued interest receivable 230
Total Current Assets 49,561
Noncurrent:

Furniture and equipment 6,907,983
Less: accumulated depreciation (4,859,385)
Total Noncurrent Assets 2,048,598
Total Assets 2,098,159
Liabilities:

Current:

Accounts payable 302,806
Total Current Liabilities 302,806
Total Liabilities 302,806
Net Position:

Net investment in capital assets 2,048,598
Unrestricted (253,245)
Total Net Position $ 1,795,353
Governmental
Activities -
Internal Service
Fund
Capitalized
Equipment
The notes to financial statements are an integral part of this statement. 20 PAGE 364 of 727

CITY OF SAN MARINO, CALIFORNIA

STATEMENT OF REVENUES, EXPENSES,

AND CHANGES IN NET POSITION

PROPRIETARY FUND
FOR THE YEAR ENDED JUNE 30, 2022
Operating Revenues:

Interdepartmental charges $ 485,973
Miscellaneous 48,065
Total Operating Revenues 534,038
Operating Expenses:

Administration and general 391,838
Depreciation expense 485,973
Total Operating Expenses 877,811
Operating Income (Loss) (343,773)
Nonoperating Revenues (Expenses):

Interest income 775
Loss on disposal of capital assets (9,655)
Total Nonoperating Revenues (Expenses) (8,880)
Change in Net Position (352,653)
Net Position at the Beginning of the Year 2,148,006
Net Position at the End of the Year $ 1,795,353
Governmental
Activities -
Internal Service
Fund
Capitalized
Equipment
The notes to financial statements are an integral part of this statement. 21 PAGE 365 of 727

CITY OF SAN MARINO, CALIFORNIA

STATEMENT OF CASH FLOWS

PROPRIETARY FUND
FOR THE YEAR ENDED JUNE 30, 2022
Governmental
Activities - Internal
Service Fund
Cash Flows from Operating Activities:

Cash received from interfund service provided $ 485,973 Cash paid to suppliers for goods and services (93,282)
Net Cash Provided by Operating Activities 392,691
Cash Flows from Capital and Related Financing Activities:
and Related Financing Activities:

Acquisition and construction of capital assets (396,199) Proceeds from sales of capital assets 3,000
Net Cash Used for Capital and Related Financing Activities (393,199) Cash Flows from Investing Activities:

Investment income 651
Net Cash Provided by Investing Activities 651
Net Increase in Cash and Cash Equivalents 143
Cash and Cash Equivalents at the Beginning of the Year 1,123 Cash and Cash Equivalents at the End of the Year $ 1,266 Reconciliation of Operating Income (Loss) to Net Cash
Provided by Operating Activities:

Operating Income (Loss) $ (343,773)
Adjustments to Reconcile Operating Income (Loss) to
Net Cash Provided by Operating Activities:

Depreciation 485,973
Increase in accounts receivable (48,065)
Increase in accounts payable 298,556
Total Adjustments 736,464
Net Cash Provided by Operating Activities $ 392,691
Non-Cash Investing, Capital, and Financing Activities:

Loss on disposal of capital assets $ (9,655)
Capitalized
Equipment
The notes to financial statements are an integral part of this statement. 22 PAGE 366 of 727
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CITY OF SAN MARINO, CALIFORNIA

MISCELLANEOUS AND SAFETY PLANS

SCHEDULE OF PLAN CONTRIBUTIONS
AS OF JUNE 30, FOR THE LAST TEN FISCAL YEARS (1)
Miscellaneous Plan 2022 2021 2020 2019
Actuarially Determined Contribution $ 747,530 907,187 $ 659,077 $ $ 687,781 Contribution in Relation to the Actuarially Determined Contribution (907,187) (747,530) (659,077) (687,781) Contribution Deficiency (Excess) $ - - $ - $ $ -
Covered Payroll 4,446,375 4,639,838 $ 4,440,251 $ $ 4,284,180 Contributions as a Percentage of Covered Payroll 20.40% 16.11% 14.84% 16.05% Safety Plan 2022 2021 2020 2019
Actuarially Determined Contribution $ 3,090,046 $ 2,828,922 $ 2,553,327 $ 2,177,743 Contribution in Relation to the Actuarially Determined Contribution (3,090,046) (2,828,922) (2,553,327) (2,177,743) Contribution Deficiency (Excess) $ - - $ - $ - $
Covered Payroll 5,641,650 5,454,449 $ 5,553,316 $ 5,060,432 $ Contributions as a Percentage of Covered Payroll 54.77% 51.86% 45.98% 43.03% Notes to Schedule of Plan Contributions:

Valuation Date: June 30, 2019
Methods and assumptions used to determine contribution rates:

Actuarial cost method Entry age normal
Amortization method Level percentage of payroll
Assets valuation method Market Value
Inflation 2.50% compounded annually
Salary Increases
Investment rate of return
Retirement age 50 and 57 years
Mortality Scale MP 2016 published by the Society of Actuaries

2.75% compounded annually

7.15% compounded annually (net of investment and administrative expenses) (1) Historical information is required only for measurement for which GASB 68 is applicable. Fiscal year 2015 was the first year of implementation; therefore only eight years are shown.
56 PAGE 400 of 727
2018 2017 2016 2015
$ 585,135 $ 552,286 539,909 $ $ 463,042
(585,135) (539,909) (552,286) (463,042)
$ - $ - - $ $ -
$ 4,335,098 $ 3,796,330 5,125,321 $ $ 3,862,174

13.50% 10.53% 14.55% 11.99%
2018 2017 2016 2015
$ 1,751,030 1,847,780 $ 1,433,464 $ 1,339,825 $
(1,847,780) (1,751,030) (1,433,464) (1,339,825)
$ - - $ - $ - $
$ 4,779,412 4,896,095 $ 4,765,647 $ 4,873,353 $

37.74% 36.64% 30.08% 27.49%
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San Marino City CouncilDecember 14, 2022

San Marino City Council
December 14, 2022