Agenda packet — San Marino City Council, June 30, 2023

CITY OF SAN MARINO
CITY COUNCIL AGENDA
Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
Mario Rueda, Acting City Manager
www.CityofSanMarino.org
(626) 3000700 Phone
City Hall Council Chamber
2200 Huntington Drive
San Marino, CA 91108
ADJOURNED REGULAR MEETING OF THE
SAN MARINO CITY COUNCIL
FRIDAY, JUNE 30, 2023 AT 9:30 AM
BARTH ROOM CROWELL PUBLIC LIBRARY
1890 HUNTINGTON DRIVE
SAN MARINO, CA 91108
AND
NO. 56, PINGDING RD, UNIT 567, 11TH FLOOR, TAMSUI DISTRICT NEW TAIPEI CITY, TAIWAN 251
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.

The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties with Zoom. The City will do it’s best to resolve any technical issues as quickly as possible.

How to view or listen to the meeting from home:

1. Via Computer for Video Streaming:

Website: https://us02web.zoom.us/j/83331448957
Meeting ID: 856 3887 1973

2. Via Phone for Audio Only:

Phone Number: (669) 9009128
Meeting ID: 856 3887 1973
How to offer public comment from home:

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

PAGE 1 of 120
How to view or listen to the meeting from home:

1. Via Computer for Video Streaming:

Website: https://us02web.zoom.us/j/83331448957
Meeting ID: 856 3887 1973

2. Via Phone for Audio Only:

Phone Number: (669) 9009128
Meeting ID: 856 3887 1973
How to offer public comment from home:

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

Lengthy public comment may be summarized in the interest of time, and previously distributed public comment will be noted. 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 Chou, Council Member Lo, Council Member Shepherd Romey, Vice Mayor Huang, and Mayor Talt
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.

PRESENTATION
PRESENTATION OF PARKS AND RECREATION MONTH PROCLAMATION INTRODUCTION OF NEW CITY MANAGER MR. PHILIPPE ESKANDAR AND OATH OF OFFICE
NEW BUSINESS

1. ACCEPTANCE OF DONATION FROM THE HUNTINGTON LIBRARY, ART MUSEUM, AND BOTANICAL GARDENS OF $100,000 FOR RECEIPT IN THE CAPITAL PROJECTS FUND
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PAGE 2 of 120
PRESENTATION OF PARKS AND RECREATION MONTH PROCLAMATION INTRODUCTION OF NEW CITY MANAGER MR. PHILIPPE ESKANDAR AND OATH OF OFFICE
NEW BUSINESS

1. ACCEPTANCE OF DONATION FROM THE HUNTINGTON LIBRARY, ART MUSEUM, AND BOTANICAL GARDENS OF $100,000 FOR RECEIPT IN THE CAPITAL PROJECTS FUND
Recommendation: Staff recommends the City Council accept the donation and apply the funds to capital projects, the appropriate motion would be: “I move to accept the donation of $100,000 from the Huntington Library, Art Museum, and Botanical Gardens; authorize the Finance Department to receipt the donation in the Capital Projects Fund; and amend the FY 202223 revenue budget to recognize revenue of $100,000 in the Capital Projects Fund (Account # 3940036010000).”

2. APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF SAN MARINO AND FLOCK SAFETY FOR A FIVEYEAR SUBSCRIPTION IN AN
AMOUNT NOT TO EXCEED $505,850
Recommendation: Staff recommends the City Council approve the Agreement between the City of San Marino and Flock Safety for a FiveYear Subscription. If the City Council concurs with staff’s recommendation, an appropriate motion would be: “I move to approve the Agreement between the City of San Marino and Flock Safety for a FiveYear Subscription not to exceed $505,850, and authorize the City Manager to execute the agreement on behalf of the City.”

3. ADOPTION OF RESOLUTION NO. R2323 AMENDING THE
UNREPRESENTED EMPLOYEES SALARY AND BENEFITS SCHEDULE
AND RESOLUTION NO. R2324 UPDATING THE SALARY SCHEDULE FOR FY 20232024
Recommendation:

Staff recommends that the City Council adopt Resolution No. R2323, Resolution No.

R2324, and direct Finance staff to increase each department’s operating budget in the necessary amount. If Council concurs, an appropriate motion would be: “I move to (1) adopt Resolution No. R2323, a Resolution of the City Council of the City of San Marino, California, Amending the Unrepresented Employees Salary and Benefits Schedule for the Period Covering July 1, 2022 Through June 30, 2024 Pertaining to Police Chief Classification, Deletion of Human Resources Manager, and the Addition of Classifications of Code Enforcement Officer, Recreation Coordinator, and Police Records Clerk to the PartTime Employees Salary Schedule; (2) adopt Resolution No.

R2324, a Resolution of the City Council of the City of San Marino, California, Approving the Updated Salary Schedule for FY 20232024; and (3) approve additional appropriations in the amount of $25,695 in FY 20232024 to be spread over the affected fulltime personnel budget line items as shown in the respective budgets.”

4. DISCUSSION OF POTENTIAL FACILITY IMPROVEMENTS FOR
CONTINUED SHORTTERM USE OF STONEMAN RECREATION
CENTER
Recommendation: Staff recommends the City Council approve the facility upgrades to the Stoneman Facility. Should the Council concur, an appropriate motion would be:“I move to approve the appropriation of $156,000 into the Capital Improvement Fund for “Stoneman Facility Upgrades” as part of the FY 202324 budget, and direct staff to begin soliciting bids for the required upgrades.” CONSENT CALENDAR
PAGE 3 of 120
Records Clerk to the PartTime Employees Salary Schedule; (2) adopt Resolution No.

5. ADOPTION OF ORDINANCE NO. O231402 (SECOND READING) ADDING ARTICLE 20 AND MUNICIPAL CODE SECTION 23.02.34 TO MUNICIPAL CODE CHAPTER 23 AND AMENDING MUNICIPAL CODE
SECTION 23.03.10 REGARDING DEVELOPMENT STANDARDS AND
OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT PROJECTS IN THE C1 ZONE
Recommendation: Staff recommends the Council adopt Ordinance No. O231402. If the City Council concurs with staff’s recommendation an appropriate motion would be: “I move to waive full reading and adopt Ordinance No. O231402, an Ordinance of the City Council of San Marino, California adding Article 20 and Municipal Code Section 23.02.34 to Municipal Code Chapter 23, and Amending 23.03.10 Regarding Development Standards and Objective Design Standards for MultiFamily Residential Development Projects.”

6. ADOPTION OF ORDINANCE NO. O231403 (2ND READING)
AMENDING MUNICIPAL CODE SECTION 02.14.02 REMOVING
LANGUAGE PERTAINING TO PUBLIC SAFETY COMMISSION
ABSENCES AND RESOLUTION NO. R2316 ESTABLISHING
ADVISORY BODY ATTENDANCE STANDARDS
Recommendation:

Staff recommends the Council adopt Ordinance No. O231403 and Resolution No. R2316. If Council concurs with staff’s recommendation, an appropriate motion would be: “I move to waive full reading and adopt by title only Ordinance No. O231403, an Ordinance of the City Council of the City of San Marino, California Amending Municipal Code Section 02.14.02 Removing Language Pertaining to Public Safety Commission Absences, and Resolution No. O2316, a Resolution of the City Council of the City of San Marino, Establishing Advisory Body Attendance Standards.”

7. AUTHORIZATION TO PREPAY CALPERS FY 202324 UNFUNDED
ACCRUED LIABILITY (UAL) AMORTIZATION PAYMENTS
Recommendation:

Staff recommends that the City prepay its FY 202324 UAL amortization payments to CalPERS for an estimated net savings of $51,997.32. If the City Council concurs with staff’s recommendation, an appropriate motion would be: “I move to authorize staff to prepay all of the City’s Fiscal Year 202324 unfunded accrued liability amortization payments to CalPERS in the total amount of $2,878,594, and to make such payments no later than July 31, 2023.”
WRITTEN COMMUNICATIONS OR PUBLIC WRITINGS DISTRIBUTION
This is an opportunity to announce any written communications pertaining to the City PAGE 4 of 120
2316. If Council concurs with staffs recommendation, an appropriate motion would be: “I move to waive full reading and adopt by title only Ordinance No. O231403, an Ordinance of the City Council of the City of San Marino, California Amending Municipal Code Section 02.14.02 Removing Language Pertaining to Public Safety Commission Absences, and Resolution No. O2316, a Resolution of the City Council of the City of San Marino, Establishing Advisory Body Attendance Standards.”

7. AUTHORIZATION TO PREPAY CALPERS FY 202324 UNFUNDED
ACCRUED LIABILITY (UAL) AMORTIZATION PAYMENTS
Recommendation:

Staff recommends that the City prepay its FY 202324 UAL amortization payments to CalPERS for an estimated net savings of $51,997.32. If the City Council concurs with staff’s recommendation, an appropriate motion would be: “I move to authorize staff to prepay all of the City’s Fiscal Year 202324 unfunded accrued liability amortization payments to CalPERS in the total amount of $2,878,594, and to make such payments no later than July 31, 2023.”
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
Posted: June 23, 2023 CHRISTINA BAKER
CITY CLERK
PAGE 5 of 120

PRESENTATION OF PROCLAMATION
FOR PARKS AND RECREATION MONTH 2023
PAGE 6 of 120
INTRODUCTION OF NEW CITY MANAGER MR. PHILIPPE

ESKANDAR AND OATH OF OFFICE
PAGE 7 of 120
TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Nicole Tibbet, Community Engagement Manager
DATE: June 30, 2023
SUBJECT: ACCEPTANCE OF DONATION FROM THE HUNTINGTON

LIBRARY, ART MUSEUM, AND BOTANICAL GARDENS OF
$100,000 FOR RECEIPT IN THE CAPITAL PROJECTS FUND

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Well-Maintained Infrastructure
Fiscally Responsible and Transparent City Government
Inviting and Relevant City Facilities

BACKGROUND
The Huntington Library, Art Museum, and Botanical Gardens (Huntington) has made periodic donations to the City: $150,000 in Fiscal Years 17-18 and 18- 19, and $100,000 each in Fiscal Year 19-20, 20-21 and 21-22, for a total of $600,000 in the last five fiscal years.

DISCUSSION
Honoring this tradition, the Huntington is again interested in making a donation to the City in the amount of $100,000. Given community concerns about the impact of the Huntington on our streets, staff recommends receipting this donation into the Capital Projects Fund where it will be used for infrastructure improvements.

FISCAL IMPACT & PROCUREMENT REVIEW
We will begin the next fiscal year with an estimated available balance in the Capital Projects Fund of $12,398,017. The addition of the $100,000 from the Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 8 of 120
Huntington would render an estimated beginning fund balance of $12,498,017 in the Capital Projects Fund at July 1, 2023.

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

RECOMMENDATION
Staff recommends the City Council accept the donation and apply the funds to capital projects, the appropriate motion would be:
“I move to accept the donation of $100,000 from the Huntington Library, Art Museum, and Botanical Gardens; authorize the Finance Department to receipt the donation in the Capital Projects Fund; and amend the FY 2022-23 revenue budget to recognize revenue of $100,000 in the Capital Projects Fund (Account # 394-00-3601-0000).”

ATTACHMENTS

1. None
PAGE 9 of 120
TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: John Incontro, Police Chief
DATE: June 30, 2023
SUBJECT: APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF

SAN MARINO AND FLOCK SAFETY FOR A FIVE-YEAR

SUBSCRIPTION IN AN AMOUNT NOT TO EXCEED
$505,850

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

BACKGROUND
In May of 2020, Council approved funding for the first 22 Flock Cameras in the City of San Marino. In the subsequent years, Council approved funding for nine additional cameras. In an effort to maximize camera coverage in the City of San Marino, staff requested an additional nine cameras during the FY 2023- 24 budget process.

DISCUSSION
The Flock cameras have been instrumental in the recovery of stolen vehicles, arrests of wanted persons, and the investigation of crimes by our detectives.

The Flock camera network is ever expanding, with additional jurisdictions and the addition of cameras to existing customers on a regular basis. This expansion has increased the search capabilities of the network, furthering the overall effectiveness of the cameras.

While the number of Flock customers continues to grow, the price per camera Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 10 of 120
has also increased. Flock has honored camera pricing for our City during the various price increases; however, they will be changing all cameras to their current pricing in the near future. As one of their first local customers, Flock offered the City of San Marino a five-year subscription with pricing that would effectively keep our annual cost at the same rate as it is now. The agreement from Flock includes the nine additional cameras requested during the FY 2023- 24 budget process, bringing the total number of Flock cameras to 40.

FISCAL IMPACT & PROCUREMENT REVIEW
In the first year of the agreement, the cost for 40 cameras is $105,850. This represents $100,000 for 40 cameras, and $5,850 for installation of the nine new cameras requested during the FY 2023-24 budget process. In years 2 – 5, the recurring cost will be $100,000. The total cost for the five-year term is $505,850.

The Finance Director has reviewed this report and determined that the best interests of the City are served with dispensing with competitive bids per SMCC 02.06.05.B.2B, as there are currently no other service providers offering a program with the equivalent equipment, customer service, and pricing.

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

RECOMMENDATION
Staff recommends the City Council approve the Agreement between the City of San Marino and Flock Safety for a Five-Year Subscription. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the Agreement between the City of San Marino and Flock Safety for a Five-Year Subscription not to exceed $505,850, and authorize the City Manager to execute the agreement on behalf of the City.”

ATTACHMENTS

1. Flock Budgetary Quote and Service Agreement
PAGE 11 of 120
Flock Safety + CA - San Marino PD ______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Sam Meyer
[email protected]
4082348497
PAGE 12 of 120
Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system 2000+ 120 1B+ <60%*
communities with privatepublic partnershipsincident alerts / minute 1B+ vehicles detected / month
<60% local crime reduction
in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

PAGE 13 of 120
Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

PAGE 14 of 120
Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.

PAGE 15 of 120
License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.* *Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.
√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance
PAGE 16 of 120
Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations
Share crimes solved in the local media with the help of our Public Relations team.

PAGE 17 of 120

EXHIBIT A

ORDER FORM
Customer: CA - San Marino PD Initial Term: 60 Months
Legal Entity Name: CA - San Marino PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 2200 Huntington Dr San Marino, California
91108
Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $100,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 40 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 9 $5,850.00 Subtotal Year 1: $105,850.00
Annual Recurring Subtotal: $100,000.00
Discounts: $100,000.00
Estimated Tax: $0.00
Contract Total: $505,850.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

PAGE 18 of 120
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $105,850.00
Annual Recurring after Year 1 $100,000.00
Contract Total $505,850.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $100,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
PAGE 19 of 120
Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

PAGE 20 of 120
By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - San Marino PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:

PAGE 21 of 120
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 06 day of June 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and

AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as PAGE 22 of 120
exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

PAGE 23 of 120

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

PAGE 24 of 120

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies;the competitive strength of, or market for, Flock’s products or services;such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not PAGE 25 of 120
diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer,to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock PAGE 26 of 120
is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform PAGE 27 of 120
all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving PAGE 28 of 120
Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other PAGE 29 of 120
than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing PAGE 30 of 120
authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and

10.6. PAGE 31 of 120

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAGE 32 of 120
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF PAGE 33 of 120

LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at PAGE 34 of 120
Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS
PAGE 35 of 120

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

PAGE 36 of 120

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Agency or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

PAGE 37 of 120

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Public Disrepute. In the event Customer or its employees become the subject of an indictment, arrest, public disrepute, contempt, scandal or behaves in a manner that, in the reasonable judgment of Flock, reflects unfavorably upon Flock, and/or their officers or principals, licensees, such act(s) or omission(s) shall constitute a material breach of this Agreement and Flock shall, in addition to any other rights and remedies available to it hereunder, whether at law or in equity, have the right to elect to terminate this Agreement.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

PAGE 38 of 120
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

PAGE 39 of 120

EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate; (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and
(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

PAGE 40 of 120
TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Lizette Guerrero, Human Resources Director
DATE: June 30, 2023
SUBJECT: ADOPTION OF RESOLUTION NO. R-23-23 AMENDING THE

UNREPRESENTED EMPLOYEES SALARY AND BENEFITS
SCHEDULE AND RESOLUTION NO. R-23-24 UPDATING
THE SALARY SCHEDULE FOR FY 2023-2024

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

BACKGROUND
Management classifications/positions are unrepresented therefore do not have a Memorandum of Understanding (MOU); instead, those classifications are governed by a resolution adopted by the City Council, which serves to establish (1) compensation, benefits, and any procedural, rights, or protections that are of particular interest, (2) items that are not already part of the existing Personnel Rules & Regulations or current policies, and/or (3) items that revise existing provisions. Although not subject to the legal meetand-confer process, the City Council is given the opportunity to consider compensation for unrepresented employees on a regular basis.

DISCUSSION
Salary Schedule for Police Chief
The City has historically set the same salary range for the Fire Chief and the Police Chief. In order to align the Salary Schedule for these positions, staff is Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 41 of 120
proposing to adjust Step E of the Salary Schedule for the Police Chief by ten percent (10%).

Section 02.05.01(D) of the San Marino Municipal Code (“Code”) provides that the City Manager shall prepare salary and benefit schedules for presentation to the City Council. Section 02.05.01(A) of the Code provides that salary and benefits plans for employees are a part of the City’s personnel rules and regulations when approved by resolution of the City Council. The changes to the Salary Schedule include updating the Salary for the Police Chief.

Classification Cleanup
The City Council approved the reclassification of the Human Resources Manager position to Human Resources Director on December 15, 2021. In reviewing the Unrepresented Employees Salary and Benefits Schedule Covering July 1, 2022 through June 30, 2024, the Human Resources Manager position was never deleted to reflect the reclassification. Staff is recommending deleting the Human Resources Manager position from the Salary Schedule to reflect the changes as previously approved by the City Council.

Addition of Part-Time Positions to Unrepresented Employees Salary and Benefits Schedule
Part-Time positions are also unrepresented and therefore do not have an MOU and are instead governed by a resolution which is adopted by the City Council.

At the June 14, 2023 City Council meeting, Council approved the addition of one (1) part-time Police Records Clerk position to the Police Department. In addition, the City currently has two (2) classifications, Code Enforcement Officer and Recreation Coordinator that also have part-time positions. Since these are part-time positions and are unrepresented, these classifications also need to be added to the Unrepresented Employees Salary and Benefits Schedule.

FISCAL IMPACT & PROCUREMENT REVIEW
The total cost for FY 2023-24 is $25,695 for the Police Chief range adjustment.

A Budget appropriation of $25,695 is requested to be spread over the affected full-time personnel budget line items.

No procurement review is needed for this report.

PAGE 42 of 120

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

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. R-23-23, Resolution No. R-23-24, and direct Finance staff to increase each department’s operating budget in the necessary amount. If Council concurs, an appropriate motion would be:
“I move to (1) adopt Resolution No. R-23-23, a Resolution of the City Council of the City of San Marino, California, Amending the Unrepresented Employees Salary and Benefits Schedule for the Period Covering July 1, 2022 Through June 30, 2024 Pertaining to Police Chief Classification, Deletion of Human Resources Manager, and the Addition of Classifications of Code Enforcement Officer, Recreation Coordinator, and Police Records Clerk to the Part-Time Employees Salary Schedule; (2) adopt Resolution No. R-23-24, a Resolution of the City Council of the City of San Marino, California, Approving the Updated Salary Schedule for FY 2023-2024; and (3) approve additional appropriations in the amount of $25,695 in FY 2023-2024 to be spread over the affected fulltime personnel budget line items as shown in the respective budgets.”

ATTACHMENTS

1. Resolution No. R-23-23 (Draft)

2. Resolution No. R-23-24 (Draft)
PAGE 43 of 120
RESOLUTION NO. R-23-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

MARINO, CALIFORNIA, AMENDING THE UNREPRESENTED

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

POLICE CHIEF CLASSIFICATION, DELETION OF HUMAN

RESOURCES MANAGER, AND THE ADDITION OF

CLASSIFICATIONS OF CODE ENFORCEMENT OFFICER,

RECREATION COORDINATOR, AND POLICE RECORDS CLERK TO

THE PART-TIME EMPLOYEES SALARY SCHEDULE
WHEREAS, Section 02.05.01(A) of the City Code provides that salary and benefits plans for employees are a part of the City’s personnel rules and regulations when approved by resolution of the City Council; and
WHEREAS, Section 02.05.01(D) provides that the City Manager shall prepare salary and benefit schedules for presentation to the City Council; and WHEREAS, the City Council adopted the Unrepresented Employees Salary and Benefits Schedule for the period covering July 1, 2022 through June 30, 2024 on September 30, 2022 via Resolution No. R-22-38;
WHEREAS, the City Council amended the Unrepresented Employees Salary and Benefits Schedule for the period covering July 1, 2022 through June 30, 2024, pertaining to modifications of work schedules, on October 28, 2022 via Resolution No. R-22-43; and WHEREAS, the City Council amended the Unrepresented Employees Salary and Benefits Schedule for the period covering July 1, 2022 through June 30, 2024, specifically Section 2. Salary, for the classifications of Fire Chief and Fire Division Chief on November 9, 2023 via Resolution No. R-22-46; and
WHEREAS, the City Council desires to amend the Unrepresented Employees Salary and Benefits Schedule for the period covering July 1, 2022 through June 30, 2024, specifically the Salary Schedule for the classification of Police Chief, deletion of Human Resources Manager, and the addition of classifications of Code Enforcement Officer, Recreation Coordinator, and Police Records Clerk to the Part-Time Employees Salary Schedule.

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

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

SECTION 2. That the “Unrepresented Employees Salary and Benefit Schedule” shall PAGE 44 of 120
CITY OF SAN MARINO RESOLUTION NO. R-23-23
PAGE 2 OF 2
LA #4865-7301-3820 v1
become a part of the City’s personnel rules and regulations.

PASSED, APPROVED, AND ADOPTED, at a Regular Meeting of the City Council of the City of San Marino, California, on this 30th day of June, 2023. ____________________________________

STEVE TALT, MAYOR

CITY OF SAN MARINO
ATTEST:
__________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO
PAGE 45 of 120
CITY OF SAN MARINO RESOLUTION NO. R-23-23
PAGE 3 OF 2
LA #4865-7301-3820 v1

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-23-23 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 30th day of June, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO
PAGE 46 of 120

UNREPRESENTED EMPLOYEES

SALARY AND BENEFITS SCHEDULE

PERIOD COVERING
JULY 1, 2022 THROUGH JUNE 30, 2024
AS AMENDED BY RESOLUTION NO. R-23-23
SECTION 1. INTRODUCTION
This salary and benefit schedule shall represent the compensation program provided to unrepresented employees of the City of San Marino for the period July 1, 2022 through June 30, 2024. Unrepresented employees include department directors/chiefs, managers, and part-time employees. All full-time unrepresented employees are designated FLSA “exempt.”
SECTION 2. SALARY
A schedule of job classifications together with salary rate ranges is set forth in Exhibit A and attached hereto.

Said salary rates shall be effective as indicated.

Notwithstanding the classification’s exempt status, the Fire Division Chief classification shall receive timeand-one-fifth (1.2 times the employee’s regular rate of pay) compensation for administrative duties worked beyond 112.31 hours in a pay period. In circumstances where an employee in the Fire Division Chief classification assumes supplemental responsibilities on a temporary basis, a maximum duration of 12 consecutive months, the Fire Chief is authorized to grant up to an additional 10% of compensation at the employee’s base salary rate for the duration of the assignment.

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

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

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

Employees with unsatisfactory performance shall not receive a merit increase.

SECTION 3. TUITION REIMBURSEMENT
Full-time employees are eligible for reimbursement for costs incurred during the fiscal year related to pursuing a formal college degree. Costs for books, fees and tuition are eligible for reimbursement. Maximum annual reimbursement is $2,500 per employee. Actual amount may vary based on available funds and the number of members submitting for reimbursement and the total amount requested by applicants. Maximum annual funds available for the program is $5,000. Amount of funds to be dispersed will be established at the PAGE 47 of 120
end of the fiscal year and will be based on the number of applicants and the total amount requested.

If the total amount requested exceeds $5,000, then the $2,500 maximum per applicant will be reduced for all applicants to an amount which will result in a cumulative maximum of $5,000. • Example 1 – Five members apply. One for $2,500 and the others for $1,000 each. The maximum benefit would be reduced to $1,000 for each applicant.
• Example 2 - Three members apply. Two for $2,500 and one for $1,000. The maximum benefit would be reduced to $2,000 for each applicant.

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

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

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

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

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

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

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

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

PAGE 48 of 120
Classic Members
CalPERS refers to all members that do not fit within the definition of a new member as “classic members.” Fire Managers:

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

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

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

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

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

Police Managers:

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

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

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

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

Miscellaneous (Non-Sworn) Managers:

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

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

Tier 2: For Classic Members hired by the City after July 1, 2012, the City has contracted with PERS to PAGE 49 of 120
provide 2% at 60 Retirement Benefit with three years of their highest average salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.

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

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

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

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

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

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

1. Submit adequate written proof of medical coverage;

2. Provide the City with no less than thirty (30) days written notice before any such medical coverage is canceled; and
PAGE 50 of 120

3. Execute a liability and hold harmless release form removing the City from all liability resulting from medical coverage or the lack thereof.
(d) CITY CONTRIBUTION. The City's contribution is established at two-hundred seventy-five dollars ($275.00) per month per annuitant and active eligible employee. This monthly contribution shall only increase as required by the Board of Administration of the Public Employees’ Retirement System or the State Legislature, as set forth in Government Code Section 22892.

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

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

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

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

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

All Legacy Cash Out participants who elect medical insurance coverage shall have the amount of their cashout reduced on a penny-for-penny basis directly proportional to any increase to their insurance costs. For example, if an employee’s insurance costs increase by $50.75 per month, that employee’s cash-out will reduce PAGE 51 of 120
by $50.75 per month. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.

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

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

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

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

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

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

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

PAGE 52 of 120
SECTION 7. NON-SWORN WORK SCHEDULES
Effective March 1, 2020, the following work schedule shall take effect for full-time employees unless otherwise modified by the City Manager.

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

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

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

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

New Year's Day
President's Day
Memorial Day
Fourth of July
Labor Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Full-time exempt employees required by the City Manager to work a holiday may (on an hour-for-hour basis up to a maximum of one full day) credit those working hours to their Holiday Earned accrual account or use PAGE 53 of 120
the equivalent number of hours within that same pay period, subject to their supervisor’s approval of the day off.

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

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

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

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

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

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

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

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

Full-time management employees may elect to cash out sick leave balances in excess of 160 hours at a rate of .50 on the dollar of their base hourly rate of pay. Employees must maintain a minimum of 160 hours PAGE 54 of 120
of sick leave in order to be compensated. Accruals will be based on balances during the last pay period of each fiscal year. Employees shall have no vested rights in the accrued sick leave time upon termination with the City.

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

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

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

Vacation leave shall be deemed as having been accrued by the employee only at the end of the pay PAGE 55 of 120
period in which the employee was in the service of the City. If employment begins prior to the fifteenth (15th) of the month, vacation leave shall be accrued for that month. If employment begins after the fifteenth (15th) of the month vacation leave shall be accrued beginning with the first (1st) day of the following month. If termination occurs prior to the sixteenth (16th) day of the month no vacation leave shall be accrued for that month.

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

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

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

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

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

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

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

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

PAGE 56 of 120
SECTION 15. UNIFORMS
Unrepresented employees required to wear a uniform regularly as part of their duties for the City shall have the uniforms provided by the City, unless otherwise specified below.

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

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

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

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

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

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

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

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

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

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

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

PAGE 57 of 120
EXHIBIT “A”

WAGE BENEFIT SCHEDULE
Executive Managers
Monthly Rates Effective: 10/4/2022
Step A Step B Step C Step D Step E
Fire Chief $14,994 $20,048
Chief of Police $14,994 $18,225
Community
Development
Director
$13,363 $16,244
Finance
Director
$13,363 $16,244
Human
Resources
Director
$13,363 $16,244
Parks & Public
Works Dir./City
Eng.
$13,363 $16,244
Community
Services
Director
$11,711 $14,235
Assistant to the
City Manager
$9,179 $11,157
Human
Resources
Manager
$9,179 $11,157
Executive Managers
Monthly Rates Effective: 7/1/2023
PAGE 58 of 120
Step A Step B Step C Step D Step E
Fire Chief $15,594 $20,850
Chief of Police $15,594 $18,95420,850
Community
Development
Director
$13,898 $16,893
Finance
Director
$13,898 $16,893
Human
Resources
Director
$13,898 $16,893
Parks & Public
Works Dir./City
Eng.
$13,898 $16,893
Community
Services
Director
$12,180 $14,805
Assistant to the
City Manager
$9,546 $11,603
Human
Resources
Manager
$9,546 $11,603
Managers
Monthly Rates Effective: 7/1/2022
PAGE 59 of 120
Step A Step B Step C Step D Step E
Police
Commander $12,782 $13,421 $14,092 $14,797 $15,536
Fire Division
Chief $12,782 $13,421 $14,092 $14,797 $15,536
Public Works
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Accounting
Manager/
Controller $9,179 $9,638 $10,120 $10,626 $11,157
Library
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Police Records
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Recreation
Manager $9,179 $9,638 $10,120 $10,626 $11,157
Code
Enforcement
Manager $9,179 $9,638 $10,120 $10,626 $11,157
City Clerk $9,179 $9,638 $10,120 $10,626 $11,157
Managers
Monthly Rates Effective: 7/1/2023
PAGE 60 of 120
Step A Step B Step C Step D Step E
Police
Commander $13,293 $13,958 $14,656 $15,388 $16,158
Fire Division
Chief $13,293 $13,958 $14,656 $15,388 $16,158
Public Works
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Accounting
Manager/
Controller $9,546 $10,023 $10,524 $11,051 $11,603
Library
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Police Records
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Recreation
Manager $9,546 $10,023 $10,524 $11,051 $11,603
Code
Enforcement
Manager $9,546 $10,023 $10,524 $11,051 $11,603
City Clerk $9,546 $10,023 $10,524 $11,051 $11,603
Part-Time Employees
Hourly Rates Effective: 7/1/2022
PAGE 61 of 120
Step A Step B Step C
Recreation
Supervisor $40.21 $42.22 $44.33
Code
Enforcement
Officer $34.10 $35.80 $37.59
Police
Records Clerk $27.29 $28.65 $30.09
Child
Development
Specialist
$23.58 $24.76 $26.00
Professional
Intern $21.26 $22.33 $23.44
Assistant Pool
Manager $20.64 $21.67 $22.76
Maintenance
Assistant $19.89 $20.89 $21.93
Recreation
Specialist $18.78 $19.72 $20.70
Water Safety
Instructor $18.78 $19.72 $20.70
Library
Assistant $18.59 $19.51 $20.49
Library
Monitor $17.72 $18.60 $19.53
Police Cadet $17.48 $18.36 $19.28
Library Clerk $16.24 $17.05 $17.91
Library Page $16.05 $16.85 $17.70
Park
Attendant $16.05 $16.85 $17.70
PAGE 62 of 120
Recreation
Program
Leader $16.05 $16.85 $17.70
Lifeguard $16.05 $16.85 $17.70
PAGE 63 of 120
Part-Time Employees
Hourly Rates Effective: 7/1/2023
Step A Step B Step C
Recreation
Supervisor $41.82 $43.91 $46.11
Code
Enforcement
Officer $35.46 $37.23 $39.09
Police
Records Clerk $28.37 $29.79 $31.28
Child
Development
Specialist $24.53 $25.75 $27.04
Pool Manager $24.53 $25.75 $27.04
Professional
Intern $22.11 $23.22 $24.38
Assistant Pool
Manager $21.47 $22.54 $23.67
Maintenance
Assistant $20.69 $21.72 $22.81
Recreation
Specialist $19.53 $20.51 $21.53
Water Safety
Instructor $19.53 $20.51 $21.53
Library
Assistant $19.33 $20.30 $21.31
Library
Monitor $18.43 $19.35 $20.31
Police Cadet $18.18 $19.09 $20.05
Library Clerk $16.89 $17.74 $18.62
Library Page $16.69 $17.53 $18.40
Park
Attendant $16.69 $17.53 $18.40
PAGE 64 of 120
Recreation
Program
Leader $16.69 $17.53 $18.40
Lifeguard $16.69 $17.53 $18.40
PAGE 65 of 120
RESOLUTION NO. R-23-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN MARINO, CALIFORNIA, APPROVING THE
UPDATED SALARY SCHEDULE FOR FY 2023-2024
WHEREAS, Section 02.05.01(A) of the San Marino Municipal Code (“Code”) provides that salary and benefits plans for employees are a part of the City’s personnel rules and regulations when approved by resolution of the City Council; and
WHEREAS, Section 02.05.01(D) of the Code provides that the City Manager shall prepare salary and benefit schedules for presentation to the City Council; and WHEREAS, the City Council approved the FY 2022-2023 Salary Schedule via Resolution No. R-23-02 on January 11, 2023; and
WHEREAS, the City Council approved the FY 2023-2024 Salary Schedule via Resolution No. R-23-20 on June 14, 2023.

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

SECTION 1. The updated Salary Schedule attached hereto and made a part hereof by this reference shall be adopted as the salary schedule for all employees in the City of San Marino effective July 1, 2023.

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

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

PASSED, APPROVED, AND ADOPTED on this 30th day of June, 2023. ______________________________________

STEVE TALT, MAYOR

CITY OF SAN MARINO
ATTEST:
__________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO
PAGE 66 of 120
CITY OF SAN MARINO RESOLUTION NO. R-23-24
PAGE 2 OF 2

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SAN MARINO )
I, Christina Baker, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-23-24 was adopted by the City Council of the City of San Marino on the 30th day of June 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO
PAGE 67 of 120

CITY OF SAN MARINO

SALARY SCHEDULE
Effective July 1, 2023
Proposed via Resolution No. R-23-24
Classification Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Mayor -- -- -- -- -- -- -- -- -- --
Vice Mayor -- -- -- -- -- -- -- -- -- --
Council Member -- -- -- -- -- -- -- -- -- --
City Treasurer -- -- -- -- -- -- -- -- -- --
City Manager -- -- -- -- -- -- -- -- $18,750 $108.17
Fire Chief $15,594 $89.96 -- -- -- -- -- -- $20,850 $120.29 Chief of Police $15,594 $89.96 -- -- -- -- -- -- $20,850 $120.29 Community Development Director $13,898 $80.18 -- -- -- -- -- -- $16,893 $97.46 Finance Director $13,898 $80.18 -- -- -- -- -- -- $16,893 $97.46 Human Resources Director $13,898 $80.18 -- -- -- -- -- -- $16,893 $97.46 Parks & Public Works Dir./City Eng. $13,898 $80.18 -- -- -- -- -- -- $16,893 $97.46 Community Services Director $12,180 $70.27 -- -- -- -- -- -- $14,805 $85.41 Assistant to the City Manager (Community
Engagement Manager) $9,546 $55.07 -- -- -- -- -- -- $11,603 $66.94 Police Commander $13,293 $76.69 $13,958 $ 80.53 $14,656 $ 84.55 $15,388 $ 88.78 $16,158 $93.22 Fire Division Chief $13,293 $76.69 $13,958 $ 80.53 $14,656 $ 84.55 $15,388 $ 88.78 $16,158 $93.22 Public Works Manager $9,546 $55.07 $10,023 $ 57.83 $10,524 $ 60.72 $11,051 $ 63.75 $11,603 $66.94 Accounting Manager/ Controller $9,546 $55.07 $10,023 $ 57.83 $10,524 $ 60.72 $11,051 $ 63.75 $11,603 $66.94 Library Manager $9,546 $55.07 $10,023 $ 57.83 $10,524 $ 60.72 $11,051 $ 63.75 $11,603 $66.94 Police Records Manager $9,546 $55.07 $10,023 $ 57.83 $10,524 $ 60.72 $11,051 $ 63.75 $11,603 $66.94 Recreation Manager $9,546 $55.07 $10,023 $ 57.83 $10,524 $ 60.72 $11,051 $ 63.75 $11,603 $66.94 Code Enforcement Manager $9,546 $55.07 $10,023 $ 57.83 $10,524 $ 60.72 $11,051 $ 63.75 $11,603 $66.94 City Clerk $9,546 $55.07 $10,023 $ 57.83 $10,524 $ 60.72 $11,051 $ 63.75 $11,603 $66.94 Fire Captain $9,749 $40.07 $10,237 $42.07 $10,748 $44.17 $11,286 $46.38 $11,850 $48.70 Fire Engineer $8,789 $36.12 $9,228 $37.92 $9,690 $39.82 $10,174 $41.81 $10,683 $43.90 Firefighter/Paramedic $8,707 $35.78 $9,143 $37.57 $9,600 $39.45 $10,080 $41.42 $10,584 $43.50 Firefighter $7,915 $32.53 $8,311 $34.15 $8,726 $35.86 $9,163 $37.66 $9,621 $39.54 Police Sergeant $9,510 $54.87 $9,986 $57.61 $10,485 $60.49 $11,009 $63.52 $11,560 $66.69 Police Corporal $7,950 $45.87 $8,348 $48.16 $8,765 $50.57 $9,203 $53.10 $9,664 $55.75 Police Officer $7,569 $43.67 $7,948 $45.85 $8,345 $48.15 $8,763 $50.55 $9,201 $53.08 Step A Step B Step C Step D Step E
PAGE 68 of 120

CITY OF SAN MARINO

SALARY SCHEDULE
Effective July 1, 2023
Proposed via Resolution No. R-23-24
Classification Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Step A Step B Step C Step D Step E
Senior Planner $8,028 $46.32 $8,429 $48.63 $8,851 $51.06 $9,293 $53.62 $9,758 $56.30 Recreation Supervisor $7,250 $41.83 $7,612 $43.92 $7,993 $46.11 $8,393 $48.42 $8,812 $50.84 Associate Planner $6,984 $40.29 $7,334 $42.31 $7,700 $44.42 $8,085 $46.65 $8,490 $48.98 Librarian II $6,624 $38.21 $6,955 $40.12 $7,303 $42.13 $7,668 $44.24 $8,051 $46.45 Management Analyst $6,554 $37.81 $6,882 $39.70 $7,226 $41.69 $7,587 $43.77 $7,967 $45.96 Shop Foreman $6,494 $37.46 $6,818 $39.34 $7,159 $41.30 $7,517 $43.37 $7,893 $45.54 Park Foreman $6,466 $37.30 $6,790 $39.17 $7,129 $41.13 $7,485 $43.19 $7,860 $45.34 Street Foreman $6,466 $37.30 $6,790 $39.17 $7,129 $41.13 $7,485 $43.19 $7,860 $45.34 Facilities Supervisor $6,466 $37.30 $6,790 $39.17 $7,129 $41.13 $7,485 $43.19 $7,860 $45.34 Building Inspector II $6,252 $36.07 $6,565 $37.87 $6,893 $39.77 $7,238 $41.76 $7,600 $43.84 Assistant Planner $6,252 $36.07 $6,565 $37.87 $6,893 $39.77 $7,237 $41.75 $7,599 $43.84 Code Enforcement Officer $6,147 $35.46 $6,454 $37.23 $6,777 $39.10 $7,116 $41.05 $7,471 $43.10 Human Resources Analyst $5,867 $33.85 $6,161 $35.54 $6,469 $37.32 $6,792 $39.19 $7,132 $41.15 Urban Forester $5,793 $33.42 $6,083 $35.09 $6,387 $36.85 $6,706 $38.69 $7,042 $40.63 Administrative Assistant $5,334 $30.77 $5,600 $32.31 $5,880 $33.93 $6,174 $35.62 $6,483 $37.40 Building Inspector I $5,266 $30.38 $5,529 $31.90 $5,806 $33.49 $6,096 $35.17 $6,401 $36.93 Maintenance Worker III $5,266 $30.38 $5,529 $31.90 $5,806 $33.49 $6,096 $35.17 $6,401 $36.93 Police Recruit $5,195 $29.97 $5,454 $31.47 $5,727 $33.04 $6,013 $34.69 $6,314 $36.43 Permit Technician $5,194 $29.96 $5,453 $31.46 $5,726 $33.03 $6,012 $34.69 $6,313 $36.42 Police Dispatcher/Clerk $5,176 $29.86 $5,435 $31.36 $5,707 $32.92 $5,992 $34.57 $6,292 $36.30 Police Records Clerk $4,919 $28.38 $5,165 $29.80 $5,423 $31.29 $5,694 $32.85 $5,979 $34.49 Librarian I $4,770 $27.52 $5,008 $28.89 $5,259 $30.34 $5,522 $31.86 $5,798 $33.45 Recreation Coordinator $4,770 $27.52 $5,008 $28.89 $5,259 $30.34 $5,522 $31.86 $5,798 $33.45 Maintenance Worker II $4,673 $26.96 $4,906 $28.31 $5,152 $29.72 $5,409 $31.21 $5,680 $32.77 Maintenance Worker I $4,441 $25.62 $4,663 $26.90 $4,896 $28.25 $5,141 $29.66 $5,398 $31.14 Account Clerk $4,301 $24.81 $4,516 $26.05 $4,742 $27.36 $4,979 $28.72 $5,228 $30.16 Clerk Typist II $4,020 $23.19 $4,221 $24.35 $4,432 $25.57 $4,654 $26.85 $4,886 $28.19 Child Development Specialist $24.53 $25.75 $27.04 -- -- Pool Manager $24.53 $25.75 $27.04 -- --
Professional Intern $22.11 $23.22 $24.38 -- --
Assistant Pool Manager $21.47 $22.54 $23.67 -- --
Maintenance Assistant $20.69 $21.72 $22.81 -- --
PAGE 69 of 120

CITY OF SAN MARINO

SALARY SCHEDULE
Effective July 1, 2023
Proposed via Resolution No. R-23-24
Classification Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Step A Step B Step C Step D Step E
Recreation Specialist $19.53 $20.51 $21.53 -- --
Water Safety Instructor $19.53 $20.51 $21.53 -- --
Library Assistant $19.33 $20.30 $21.31 -- --
Library Monitor $18.43 $19.35 $20.31 -- --
Police Cadet $18.18 $19.09 $20.05 -- --
Library Clerk $16.89 $17.74 $18.62 -- --
Library Page $16.69 $17.53 $18.40 -- --
Park Attendant $16.69 $17.53 $18.40 -- --
Recreation Program Leader $16.69 $17.53 $18.40 -- --
Lifeguard $16.69 $17.53 $18.40 -- --
Note: Part-time positions max out at Step C
PAGE 70 of 120
TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Amber Shah, Parks & Public Works Director
Cathi Johnson, Community Services Director
DATE: June 30, 2023
SUBJECT: DISCUSSION OF POTENTIAL FACILITY IMPROVEMENTS

FOR CONTINUED SHORT-TERM USE OF STONEMAN

RECREATION CENTER

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

BACKGROUND
As the major facility renovation of the San Marino Community Center nears completion, the Community Services Department (CSD) will be moving the Recreation Division headquarters from the Stoneman Building to the newly renovated San Marino Community Center. Some programming conducted by the Recreation Division will need to remain at the Stoneman Building as the San Marino Community Center will not be able to support all of the current programming.

This year, the City Council took the first step in helping to determine the longterm path forward for the property by approving a priority initiative to conduct community outreach and research regarding the future of the building.

However, the facility requires improvements due to its age and years of deferred maintenance if it is to remain operational for the next one to five years. The building repairs and upgrades are necessary to ensure the facility is safe for both patrons and City staff.

Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 71 of 120

DISCUSSION
In the years since the City acquired and began operating the facility, the Stoneman Building has undergone upgrades and numerous repairs.

However, the current state of the building is not suitable to continue supporting the Recreation Division’s existing programming, Community Development staff, and records storage. The upgrades needed for the continued operation of the building are the minimum for safety and habitability.

The repairs and maintenance include improvements to the heating and cooling systems, lighting and electrical system, and plumbing. In the past few years, the Parks and Public Works Department has received a significant number of maintenance requests including leaks, non-functioning sinks and toilets, lights not working, and an inoperable cooling system and boiler that stem from the facility’s age and poor condition.

Some repairs have been completed including roof patching to repair leaks and water heater replacements to restore hot water, the balance of the necessary building repairs is estimated at $319,900, based on quotes obtained from qualified vendors.

Repair, replacement, and maintenance estimates include the following items. $163,900: Replace boiler and HVAC mini-split systems
The boiler no longer works. During the winter months, this means there is no heating source in the building, making it very uncomfortable for staff and patrons.

Similarly, the existing HVAC mini-split systems do not adequately provide cooling during the summer months. Replacement of both the boiler and HVAC mini-split systems would total approximately $163,900; $61,900 for boiler replacement and $102,000 for HVAC mini-splits for 9 rooms. The City Council set aside Capital Improvement Funds for HVAC for City facilities in 2021 from American Rescue Plan Act (ARPA) funds. The boiler replacement and HVAC mini-split systems project costs would be eligible for the use of that funding. $105,000: Upgrade lighting and electrical system
The lighting system has experienced multiple failures, reported arcing in the classrooms, and most recently, an overheated lighting fixture caused a fire that occurred in Room 16 and extended into the attic space. The upgrade will PAGE 72 of 120
include removing existing fixtures and installing LED linear fixtures. $51,000: Upgrade plumbing system and fixtures in bathrooms Plumbing system consistently leaks and/or does not work properly. Upgrades would occur in the main restrooms to rework plumbing, install new water closets, and demo and install new sinks.

Staff recommends completion of these facility improvements to keep the building in an operational condition in the short-term (one to five years) to continue providing programming for the community, and ensure the comfort and safety of all facility users. The total cost of these repairs is approximately $319,900, based on quotes received for the work (see table below for breakdown). Should this work be approved, the City would solicit multiple bids, and return to Council for awards of contract at a future meeting. Staff anticipates the improvements can be scheduled around the programming at the Stoneman Building.

Facility Improvement Costs
Improvement Funding Source Amount
Boiler & HVAC mini-splits system ARPA $163,900
Lighting and Electrical New Appropriation $105,000
Plumbing & Bathroom Fixtures New Appropriation $51,000
Total $319,900
Total New Appropriations $156,000
It is important to note these facility improvements would only address the most pressing needs in the most frequently used rooms while continuing to defer upgrades to the heating and cooling system, electrical system, and plumbing system in less frequently used rooms throughout the building to a later date. It also continues to defer other costlier facility improvements such as roof replacement and American with Disabilities Act (ADA) compliance upgrades.

If programming is discontinued at the Stoneman Building, over 2,000 program participants would be underserved or no longer served. The following programming would either be discontinued completely or the variety and offerings will be limited due to conflicts with other programming at the San Marino Community Center:
• Early Childhood Education and Youth programming (morning) o 796 Participants (43% of which are Residents)
PAGE 73 of 120
• Science, Technology, Engineering and Mathematics classes (STEM), music, and afternoon language classes (September through May). o 718 Participants (71% of which are Residents)
• Day Camps, Brit-West Soccer, Culinary Classes, and Science classes (June through August).
o 555 Participants (65% of which are Residents)
The elimination of this programming will also impact the City’s revenues.

Should programming be discontinued as of July 1, 2023, the loss in Community Services revenue for FY 2023-24 will be 1) $239K from early childhood education programming, and 2) $70K from youth recreation programs – for a total anticipated loss of $309K.

Additionally, the discontinuation of programming at Stoneman, and associated revenue loss, will have an impact on the Community Services Department’s part-time workforce, as it would ultimately force the elimination of ten (10) year-round Recreation Specialist positions. These positions primarily work in the early childhood programming area and account for 9,200 hours or 4.42 FTE. However, it is important to keep in mind that these same positions are assigned to support all annual community events and account for 1,065 hours or .51 FTE. The elimination of these positions would significantly hinder staffing capacities needed to produce city-wide community events. Overall, the fiscal impact from the elimination of positions would result in part-time salary savings of approximately $210,000. This would partially, but not completely, offset the loss in revenue stemming from the elimination of programming.

Discontinuing use of the Stoneman Building would also eliminate workspace for four (4) full-time and one (1) part-time Community Development Department staff. The City would then need to consider leasing alternative office space to support this staff as there are no available existing workspaces in City facilities. Local office space lease costs are estimated at $2,500 per month for an indeterminate amount of time. Alternatively, staff can look at the possibility of turning a community space (like the Thornton Conference Room) into staff offices. While the fiscal impact is reduced from leasing office space, it removes space for community organizations.

Lastly, the records currently stored at Stoneman will need to be relocated.

Staff can look into the possibility of a storage container and/or offsite storage.

Both of these options would incur additional costs to the City for an indeterminate amount of time.

PAGE 74 of 120

FISCAL IMPACT & PROCUREMENT REVIEW
Approval of the proposed facility improvements requires an appropriation of $156,000 into a new Capital Improvement Project (CIP) Account for the project titled “Stoneman Facility Upgrades,” from the Capital Projects Fund Reserves. The HVAC and boiler upgrades that comprise part of the project ($163,900) could be funded using American Rescue Plan Act (ARPA) funding that is already part of the City Council approved FY 2023-24 budget.

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

RECOMMENDATION
Staff recommends the City Council approve the facility upgrades to the Stoneman Facility. Should the Council concur, an appropriate motion would be:
“I move to approve the appropriation of $156,000 into the Capital Improvement Fund for “Stoneman Facility Upgrades” as part of the FY 2023- 24 budget, and direct staff to begin soliciting bids for the required upgrades.”

ATTACHMENTS

1. CIP Form for Stoneman Facility Upgrades (Draft)
PAGE 75 of 120

CITY OF SAN MARINO
FY 2023-2024 CAPITAL BUDGET REQUEST
Capital Request Name:

Capital Request
Description (Summary):

Location:

Proposing Department Contact Person Expense Type
Estimated Total
Cost
Capital Request
Labor Source
Multi-Year Funding Cycle
FY
2023/2024
FY
2024/2025
FY
2025/2026
FY
2026/2027
FY
2027/2028
Estimated
Total
SOURCE
Source Key: CE (Capital Equipment), CC (Capital Construction), D (Donations), PC (Prop C), MR (Measure R), GT (Gas Tax), TDA (Transportation Development Act), PA (Prop A), ARPA (American Rescue Plan), MW (Measure W), O (Other) Photo of Equipment and/or Map Showing Project Location
Stoneman Facility Repairs
Completion of various major building repairs at the Stoneman Building Stoneman Recreation Center
Parks and Public Works Amber Shah Civic Facilities
$ 319,900 New Request
Contractor
$ 319,900 $ 0 $ 0 $ 0 $ 0 $ 319,900
CC $ 156,000 CC CC CC CC CC $ 156,000
$ 0
ARPA $ 163,900 ARPA ARPA ARPA ARPA ARPA $ 163,900
$ 0
$ 0
PAGE 76 of 120

CITY OF SAN MARINO
FY 2023-2024 CAPITAL BUDGET REQUEST
Request Description and Justification
(Provide a description of your request that includes a justification describing the benefit of the expenditure to the department/City) Financial Summary Section
Estimated Costs Amount Funding Source(s) Amount
Acquisition Capital Construction (394)
Plans/Specs/Engineering Capital Equipment (591)
Construction Donations (281)
Contingencies General Fund (101)
General Fund Costs* Other:

Other: Total
Total
*Ongoing Costs to General Fund (Provide cost and detail) General Fund Cost
What Fiscal Year
Description of General Fund Costs
The Stoneman building was originally constructed in the 1920's and the facility has grown outdated and is in need of significant improvements. Given the size of the property and the age of the building, the City Council has made developing a path forward for Stoneman one of its Priority Initiatives. If the Council wishes, major building repairs may be made to the facility to improve its condition for existing Recreation staff and users of the facility. These repairs would include repairs and upgrades to the heating and cooling systems, plumbing, and electrical systems, which are based on the most frequent trouble areas of the existing building. Given the outdated existing systems, these repairs would be fairly costly, based on quotes obtained from various contractors for the work. See below for a breakdown of the cost estimates:
1) Upgrades of lighting and electrical system - $105,000 2) Upgrades to existing plumbing system - $51,000
3) Completion of Upgrades to Boiler and HVAC System - $163,900 The portion of the costs designated for HVAC/boiler repairs are eligible to be covered using American Rescue Plan Act (ARPA) funds.
$ 156,000
$ 319,900
$ 163,900
$ 319,900
$ 319,900
FY 23-24
ARPA
PAGE 77 of 120
TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Isidro Figueroa, Community Development Director
DATE: June 30, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. O-23-1402 (SECOND
READING) ADDING ARTICLE 20 AND MUNICIPAL CODE
SECTION 23.02.34 TO MUNICIPAL CODE CHAPTER 23
AND AMENDING MUNICIPAL CODE SECTION 23.03.10

REGARDING DEVELOPMENT STANDARDS AND

OBJECTIVE DESIGN STANDARDS FOR MULTI-FAMILY
RESIDENTIAL DEVELOPMENT PROJECTS IN THE C-1
ZONE

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Beautiful, Preserved, Single-Family Neighborhoods
Engaged and Connected Residents

BACKGROUND
Senate Bill 35 (SB 35, Wiener) was part of a multi-bill housing package created in 2018 to address the statewide housing shortage. The intent of the legislation was to facilitate and expedite the construction of housing. In an effort to meet the State’s affordable housing goals, SB 35 requires cities and counties to streamline the review and approval of certain qualifying affordable housing projects through a ministerial process. Cities can only impose clearly defined objective standards for streamlined residential projects; in essence, cities can no longer impose “discretionary and subjective” aspects of review for projects of that type. Staff has prepared an Ordinance to establish Objective Design Standards (ODS) to impose these standards on all multifamily projects by adding Article 20 and Municipal Code Section 23.02.34 (Article 02 – R-1 Single-Family Dwelling Zone) to Municipal Code Chapter 23, and amending 23.03.10 (Article 03- C-1 Commercial Zone) Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 78 of 120
regarding development standards and objective design standards for multifamily residential development projects.

DISCUSSION
Ordinance No. O-23-1402 has been prepared for your review, which would add Article 20 and Municipal Code Section 23.02.34 to Municipal Code Chapter 23, and amend Municipal Code Section 23.03.10 regarding development standards for multi-family residential development projects. Examples of the site design standards include requirements for building siting to minimize conflicts when adjacent to single-family residential property, screening of utilities, and requiring circulation patterns consistent with City standards. The architectural standards require articulation in rooflines and wall planes, a variety in exterior colors and materials, minimum illumination levels, landscaping requirements and minimum square footage of private outdoor space.

The ODS have been prepared to constitute a new article (Article 20) in the City’s zoning regulations (Chapter 23 of the San Marino Municipal Code) and include five sections:
• Intent and Purpose
• Relationship to other standards and requirements
• Definitions
• Density
• Height
• Lot Coverage
• Site Design
• Building Design
• Site Details
On May 24, 2023, the Planning Commission conducted a public hearing to review and take public comment on Ordinance No. O-23-1402. The Planning Commission unanimously voted (5-0) to adopt Planning Commission Resolution No. PCR-23-06, recommending that the City Council adopt Ordinance No. O-23-1402 with revisions identified by staff to include a provision to prohibit the use of asphalt pavement and for the City Council to direct staff to study the inclusion of design elements and materials that are discouraged in the City’s adopted Residential Guidelines and include them in the ODS at a later date.

On June 14, 2023, the City Council conducted a public hearing to review and take public comment on the Ordinance. The City Council voted (4-0-1) to PAGE 79 of 120
introduce the Ordinance for first reading and directed staff to make the following changes for the second reading of the Ordinance:
• 23.20.03 Definitions: Eliminate earth tone
• 23.20.08(B)(7) Facade length: Include a minimum facade length modulation (20 feet)
• 23.20.08(H)(1) Colors: Eliminate earth tone as an allowed primary color
• 23.20.09(A)(10) Decorative water features: Identify ponds, fountains and waterfalls as not permitted
The City Council also directed staff to do the following:
• Study the inclusion of design elements and materials that are discouraged in the City’s adopted Residential Guidelines and include them in the ODS, if feasible at a later date;
• Present an earth tone color palette to the Design Review Committee (DRC) and forward their recommendation of an acceptable color palette to the City Council; and,
• Present stucco treatment options to DRC and forward
their recommendation of acceptable stucco treatments to the City Council.

CEQA Review
In accordance with Section 15060(C)(2) of the California Environmental Quality Act (CEQA) Guidelines, the Ordinance and Resolution, which revise the municipal code to extend the objective design review standards to all multifamily residential projects is not subject to CEQA review because the activity is not a project as defined in Section 15378 of the CEQA Guidelines.

CEQA Guidelines Section 15061(B)(3) provides that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. All future residential development in the City is subject to independent CEQA review and determination.

FISCAL IMPACT & PROCUREMENT REVIEW
None associated with this action.

PAGE 80 of 120

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

RECOMMENDATION
Staff recommends the Council adopt Ordinance No. O-23-1402. If the City Council concurs with staff’s recommendation an appropriate motion would be:
“I move to waive full reading and adopt Ordinance No. O-23-1402, an Ordinance of the City Council of San Marino, California adding Article 20 and Municipal Code Section 23.02.34 to Municipal Code Chapter 23, and Amending

23.03.10 Regarding Development Standards and Objective Design Standards for Multi-Family Residential Development Projects.”

ATTACHMENTS

1. Ordinance No. O-23-1402 (Draft)
PAGE 81 of 120
1 ORDINANCE NO. O-23-1402

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO, CALIFORNIA ADDING ARTICLE 20 AND MUNICIPAL
CODE SECTION 23.02.34 TO MUNICIPAL CODE CHAPTER 23 AND
AMENDING MUNICIPAL CODE SECTION 23.03.10 REGARDING

DEVELOPMENT STANDARDS AND OBJECTIVE DESIGN

STANDARDS FOR MULTI-FAMILY RESIDENTIAL DEVELOPMENT

PROJECTS

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

SECTION 1. RECITALS
WHEREAS, Senate Bill 35 (“SB 35”) (Local Planning: Housing: Commercial Zones) was approved by the Governor and chaptered by the Senate (Chapter 659, Statutes of 2022) on September 28, 2022 which, among other things, provides that multifamily developments are permissible uses in commercial/retail zones and are subject only to objective design standards under certain circumstances; and
WHEREAS, the City Council of the City of San Marino previously adopted Urgency Ordinance O-21-1385-U on December 15, 2021, and adopted Ordinance O-21-1386 on January 12, 2022, relating to, in relevant part, the adoption of objective design standards in the C-1 zone for projects that comply with the requirements of Senate Bill 35 (Government Code Section 65913.4); and
WHEREAS, the City Council of the City of San Marino adopted City Council Ordinance No.

O-23-1401 on March 24, 2023, amending the Municipal Code to extend objective design standards to all multifamily residential development in the C-1 commercial zone.; and WHEREAS, the proposed Ordinance would include objective design standards that would apply to all multifamily projects qualifying for objective, streamlined review under SB 35 and any other State law; and
WHEREAS, the application of objective design standards to all multifamily residential projects is necessary to allow for orderly development in the City; and WHEREAS, on May 24, 2023, the Planning Commission held a duly noticed public hearing, at which time it considered all material and evidence, whether written or oral.

WHEREAS, the Planning Commission considered the entire administrative record, including the staff report, the General Plan, the existing text of Chapter 23 of the Municipal Code, the staff presentation, and oral and written testimony from interested persons; PAGE 82 of 120
2 WHEREAS, this Ordinance, which makes objective design review standards applicable to all multifamily residential development in the City, is not subject to CEQA review because the activity is not a project as defined in Section 15378 of the CEQA Guidelines.

SECTION 2. Section 23.03.10 (Objective Design Standards) of the San Marino Municipal Code is amended as follows:

23.03.10 Objective design standards.

Any new construction involving multi-family residential development in the C-1 Commercial Zone shall comply with Article 20 Standards for Multi-Family Residential Development. the Objective Design Standards For Residential Uses in The C-1 Zone, as adopted by City Council resolution and as same may be amended from time to time by further City Council resolution.

SECTION 3. Section 23.02.34 (Multi-Family Residential Development) of the San Marino Municipal Code is added as follows:

23.02.34: Multi-Family residential development.

Only if multi-family residential development is authorized in the R-1 Single Family Dwelling Zone by virtue of any other section of this code, or State law, then any new construction involving multi-family residential development in the R-1 Single Family Dwelling Zone that is subject to streamlined approval pursuant to Government Code Section 65913.4 shall comply with Article 20 Standards for Multi-Family Residential Development.

SECTION 4. Article 20 (Standards for multi-family residential development) of the San Marino Municipal Code is added as follows:

Chapter 23 City of San Marino Municipal Code
Article 20 Standards for Multi-Family Residential Development (Add)

23.20.01 INTENT AND PURPOSE
This Article 20 establishes development standards and objective design standards for multi-family residential developments that are intended to achieve and maintain high-quality site planning and building design and development and in a manner that conforms to community priorities. The development standards and objective design standards draw from PAGE 83 of 120
3 and complement existing design and development criteria set forth in land policy and design documents adopted by the city, including the general plan.

The provisions of this Article apply to residential projects containing two or more residential dwelling units, including duplexes, triplexes, flats, townhouses, and multi-story and mid-rise building types, which upon an applicant’s request and demonstration of eligibility, qualify for ministerial processing. This section does not apply to single-family residences, historic properties, commercial-only projects, or any other non-residential projects, nor does it apply to two-unit residential developments and urban lot splits (SB 9).

23.20.02 RELATIONSHIP TO OTHER STANDARDS AND REQUIREMENTS These development standards and objective design standards supplement and are in addition to the standards for the applicable zoning district in which a proposed project is located. Articles 1 through 19 of Chapter XXIII of the code of ordinances establish the City’s zoning regulations. Where conflict between these standards and other provisions of Chapter XXIII exists, the provisions of this Article 20 shall govern.

23.20.03 DEFINITIONS
The terms used in this chapter shall have the following meanings:

Architectural articulation. The breaking up of a flat and uniform building façade by using wall indents, changes in building materials, and detailed projecting features, such as stoops, bay windows, awnings, and balconies.

Objective. Involving no personal subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.

23.20.04 DENSITY
The maximum density for multi-family residential developments shall be 20 dwelling units per acre.

23.20.05 HEIGHT
The maximum building height for a multi-family residential building shall be as dictated by the zoning district.

23.20.06 LOT COVERAGE
The maximum lot coverage for multi-family residential developments shall be sixty (60) percent.

PAGE 84 of 120
4 23.20.07 SITE DESIGN
A. Site Planning and Orientation.

1. Entry to project. Vehicle and pedestrian entries to multi-family residential projects shall contain architectural monumentation framing the entry to include at least one of the following: trellis columns, archway, or wall.

2. Building entry orientation. Buildings abutting a right-of-way, including a public rightof-way, private street or private driveway, shall have unit front entries oriented to such rightof-way for the units nearest the right-of-way. For corner lots, the side street line of a corner lot shall act as a street to which units with frontage on the side street shall orient their primary entry. For all other units, provide a clearly identifiable pedestrian path of entry to the site from the right-of-way, with front entries oriented to interior common areas, such as paseos, courtyards or useable open spaces on-site.

3. Transitions from street. Street-abutting (public rights-of-way, private streets, and private driveways) residential common building entrances and street-abutting individual residential unit entrances shall have transitions from the street consisting of stoops, porches, or other covered front entries with a minimum recess or projection area of 48 square feet.

Additionally, for projects that abut arterial streets, the street floor building level shall be raised between two and four feet to protect the privacy of ground floor units.

4. Entryway design. Building and unit entryways shall provide all of the following:
a. Unit number identification;
b. Lighting shielded downward and directed away from other residences; c. Landing area of at least four feet by four feet in size; d. Minimum 10-foot-wide separation between the faces of entries, which may include projections not to exceed two feet as measured from the face of the building but clear to the sky for a minimum of six feet; and e. Continuity in entry design between units to include at least four of the following elements:
i. Doors to match between all units onsite.
ii. Doors recessed at least three inches from the building façade or doors recessed at least two feet from the building façade to create a covered porch or landing area.
iii. Awning of at least one (1) foot.

PAGE 85 of 120
5 iv. Doors with window.
v. Paving material, pattern, or color that is differentiated from the pedestrian pathway.
f. Street entryway accentuation by a minimum of one of the following:
i. Change in roof pitch or form, such as a gable, that extends a minimum of one foot past the sides of the door jamb.
ii. Increase in roof height of at least one foot to accentuate the entry. iii. Wood, stone, tile, or brick accent materials covering a minimum of 30 percent of the entryway wall surface area, inclusive of windows and doors.

5. Side setback buffer. Residential units in a solely residential project shall be buffered from adjacent non-residential and single-family residential uses by a landscaped buffer of a minimum four-foot width, which may be permitted in the side yard setback.

6. Front setback buffer. The front yard setbacks of street-facing residential ground floor units shall include a minimum four-foot width landscaped area.

7. Setback continuity. Notwithstanding the front and side yard setback standards established by section 23.03, the front and side yard setbacks of a new building shall either be the same as existing adjacent structures or vary no more than five feet from the established front or side setback of adjacent existing structures.

B. Circulation – Vehicular and Pedestrian

1. Principal vehicular access. Principal vehicular access into residential developments shall be through an entry drive rather than a parking aisle.

2. Driveways. Unless otherwise specified in the fire code, driveways shall be at least nine feet in width and may be located in side yard setbacks, but shall not be less than two feet from the side yard property line.

3. Driveways and through lots. Driveways may be used to access a newly formed lot located behind another newly formed lot (i.e., a through lot) provided that the former is not a lot with frontage on more than one street. If the lot at the time of application is a through lot, all lots that access a street or alley shall provide independent driveway access for any newly created lot. Corner lots shall not be subject to this requirement.

4. Parking interconnectivity. Parking areas shall be internally connected for vehicular purposes and shall use shared driveways within the development.

PAGE 86 of 120
6 5. Pedestrian connectivity. All structures, facilities, parking areas, amenities, common areas and open space areas within a development shall be internally connected by pedestrian pathways. Such pathways shall connect the development to the public sidewalk along each street frontage, and to adjoining residential, commercial and public uses. Pedestrian pathways shall be ADA-compliant.

6. Identification of pedestrian entrances and walkways. Pedestrian entrances and walkways shall be clearly identified through paving pursuant to section 23.20.09.B.1. and landscaping, and be separated by a physical barrier consisting of either a raised planting strip a minimum of three feet wide or grade separation of at least six inches from vehicle access areas.

7. Pedestrian pathways in parking lots. Pedestrian pathways shall be provided in parking lots between parking areas and building entrances, and shall consist of special paving as identified in section 23.20.09.B.1., or a landscaped path or trellis-covered path.

C. Parking.

1. Parking facilities. Parking shall be provided on-site in on-grade or underground structures, parking lots, or attached garages. No carports are allowed.

2. Separation of parking areas. Parking areas shall be separated from buildings by either a raised concrete walkway or landscape strip a minimum of three feet wide.

3. Multiple parking lots. Parking lots for developments with more than 40 residential units shall provide a series of connected smaller parking lots of no more than 75 spaces in lieu of a single parking area.

4. Parking structures. On-grade parking structure walls facing a public right-of-way and any other parking structure walls greater than 25 feet in length shall include design features consisting of textured surfaces, articulation, and/or landscaping covering a minimum of 50 percent of the wall surface area at full growth. The design of all parking structure walls shall include the same materials, colors, and surfaces as other buildings associated with the development. For the purposes of this subsection, articulation includes faux windows, arches, grillwork, building offsets, and stone/tile building materials.

5. Access control. Gated, fenced, or underground parking facilities, and gated exterior stairwells, shall incorporate access control technology (e.g., access card or key).

6. Parking location. Parking facilities shall be located within close proximity to building entrances, with a maximum distance of 300 feet. Parking is prohibited in front and side yard setback areas and between the building frontage and a public sidewalk.

PAGE 87 of 120
7 7. Tuck-under parking. If tuck-under parking is provided, the first floor of the residential units shall not occur more than four feet above the finished street/sidewalk grade level. Parking below grade or behind the living spaces is permissible. Tuck-under parking areas shall not be visible from a public right-of-way or private street.

8. Bicycle parking. Short-term bicycle parking shall be provided in the form of an inverted “U” shape facility. Bicycle parking shall not be separated from building entrances by a road, parking area or structure. Long-term bicycle parking shall be provided on-site in a secure, enclosed structure, or in a secured location within a parking structure.

9. Vehicle parking ratio. Multi-family residential projects shall provide vehicle parking at the following ratios per unit type:

Studio 1 space
One Bedroom 1.5 space
Two+ Bedrooms 2.5 spaces
Guest Parking 1 space per 3 units
D. Open Space and Common Areas.

1. Outdoor areas. Landscaping shall be located in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or other outdoor amenities described below.

2. Play areas. Developments proposing more than ten residential units shall provide a play area with at least two structured play modules (e.g., slide, sand box, tunnel, or climber) and a picnic table adjacent to the play area as one of the required active outdoor amenities in section 23.20.07.D.3. Senior housing of ten or more units is exempted from providing the play area, but shall provide a shaded outdoor patio area with minimum seating capacity of eight persons as one of the required active outdoor amenities.

PAGE 88 of 120
8 3. Outdoor amenities. Projects proposing more than ten residential units shall provide outdoor amenities as shown in the table below. Required amenity areas may be combined into a single area if the minimum requirements for each amenity area are met within the combined area, and shall not directly abut public roadways adjacent to the project site.

No. of Residential Units in
Development
Passive Recreation Amenities
Required
Active Recreation Amenities
Required
11-30 Two each with a minimum
area of 300 square feet
One with a minimum area of
500 square feet
31-60 Two each with a minimum
area of 400 square feet
Two each with a minimum
area of 800 square feet
61+ Three each with a minimum
area of 500 square feet
Three each with a minimum
area of 1,000 square feet
Passive recreation amenities include community gardens, outdoor gathering/seating areas, picnic/barbeque areas, pet area/dog park, or courtyard/plaza. Each passive recreation area shall include a minimum seating capacity of one for each ten residential units and at least one of the following: trellis, gas fire pit, barbeque, or picnic table.

Active recreation amenities include playground/tot lots, sport field/court, outdoor fitness area, swimming pool, spa, exercise structure or complex, clubhouse with kitchen, or recreation hall.

4. Visibility. Open space consisting of child play areas shall be sited to be visible from residential units. Common open space shall be located and arranged to allow a clear line of sight into the space from pedestrian walkways on the interior of the site. Continuous vegetative screens, solid fences and solid walls shall not exceed three feet in height.

5. Private open space. Private open space, including but not limited to, patios and balconies, shall be contiguous to the units they serve and screened from public view by a wall or solid fence.

23.20.08 BUILDING DESIGN
A. Roof Treatments.

1. Roof variation.

PAGE 89 of 120
9 a. Flat and low slope roof
Roof height shall be varied with a minimum of a two-foot to maximum four-foot vertical difference between a minimum 30 feet and a maximum 50 feet horizontally.

Figure 1 - Flat roof variation.
b. Pitched roof
For a roof structure that extends more than 50 feet along any building wall, the roof line shall vary by incorporating at least two of the following architectural elements:
i. Cornices a minimum of every 30 feet
ii. Variation in roof form (orientation, pitch, height) every 50 feet iii. Dormers a minimum of every 30 feet
PAGE 90 of 120
10 Figure 2 – Pitched roof variation.

2. Eave projection. For buildings with eaves, each dwelling unit shall have and maintain an eave projection between 18 inches and 24 inches on at least two opposing sides.

3. Roof overhangs. Overhangs shall not exceed 24 inches into the yard setbacks.

PAGE 91 of 120
11 Figure 3 – Roof overhang.

4. Exterior roof ladders. Exterior roof ladders shall be prohibited. Roof access shall only be provided from the building interior.

5. Roof materials, colors and applications. Notwithstanding sections 20.23.08.G.2 and

20.23.08.H.3., projects shall comply with all applicable objective standards in the Pre-Approved Roof Materials, Colors, and Application list adopted by City Council Resolution No. R-10-11, or as may be later amended.

B. Building Facades.

1. Architectural Articulation. All building façades facing a public right-of-way or private driveway or private street shall be articulated for at least 80 percent of each façade length. All other building façades shall be articulated for at least 60 percent of each façade length.

Buildings shall have a change in articulation at least every 50 feet along the façade. Articulation shall consist of at least one of the major breaks and two of the minor breaks listed below:
a. Major
i. Ground floor courtyards within the building footprint with a minimum area of 48 square feet
PAGE 92 of 120
12 ii. Architectural features pursuant to section 23.01.01 that are at least four feet wide and extend a minimum of one floor in height
iii. Exterior arcades or other ground floor building recesses that provide sheltered walkways within the building footprint with a minimum width of eight feet
iv. Notwithstanding the front and side yard setbacks established in section

23.03, varied residential unit setbacks within the same structure of a minimum four feet
v. Recessed or projected covered entries with a minimum of 24 square feet b. Minor
i. Variations in wall plane (projection or recess) by a minimum of two feet in depth for at least 30 percent of the façade
Figure 4 – Minor articulation - wall plane recess.

PAGE 93 of 120
13 ii. Vertical pilasters that protrude a minimum of one foot from the wall surface and extend the full height of the structure
iii. Porches, patios, or stoops
iv. Lower wall wainscots, or built-up or recessed reveals, trims and other projections along different levels of wall surface
v. Cantilevers
vi. Bay windows

2. Floor variation. Buildings of two or more stories and wider than 30 feet shall be designed to differentiate the ground floor and upper floor(s) through at least one of the following techniques:
a. Changes in wall planes that protrude and/or recess with a minimum dimension of four feet for a minimum 70 percent of the façade length b. Balconies with a minimum of two feet in depth for a minimum 25 percent of the façade length
c. Horizontal and/or vertical recesses or projections of more than four inches depth using shading and weather protection devices, decorative architectural details or a pattern or grouping of windows, panels or bay windows d. At least two sizes, proportions or patterns of fenestration e. At least two sizes, textures, patterns or colors of façade material

3. Massing. For any building floor above the second floor, side elevations shall be stepped back from the second floor a minimum of four feet, starting with the second-floor building plane. Intrusion into the step-back plane is allowed for up to 25 percent of the horizontal façade plane, up to the maximum allowed building height.

PAGE 94 of 120
14 Figure 5 – Building step back above second floor.

4. Detail articulation. Details, such as trim, shutters, and posts shall be articulated by the use of color and/or texture.

5. Unit types. There shall be a mix of at least two different unit types with varied façade features within the same residential unit cluster.

6. Vertical elements. The vertical emphasis of architectural design elements shall be minimized by the use of a minimum of three of the following approaches:
a. Incorporating horizontal bands, reveals, trims, and overhangs along different levels of the wall surface
b. Limiting columns or pilasters to a maximum of one-story height c. Limiting tower elements to one per building, and no more than two stories in height
d. Varying the spacing and distribution of architectural elements and details along building façades.
e. Limiting entry treatments to the first story of the building.

PAGE 95 of 120
15 7. Façade length. Building façades shall be no longer than 125 feet. Building façades shall be divided into shorter modules a minimum of 20 feet and a maximum of 30 feet in width to give the appearance of an assemblage of smaller structures, with each of the units individually recognizable through employment of approaches listed in sections 23.20.08(B)(1),

23.20.08(B)(2) and 23.20.08(B)(6) above.

Figure 6 – Building façade modules.

8. End units. End units shall include the following features on their side elevations: a minimum of 15 percent fenestration area, and at least one façade modulation with a minimum depth of 18 inches and a minimum width of two feet.

PAGE 96 of 120
16 Figure 7 – End unit features.

9. Corner buildings. Corner buildings that are two stories shall include at least one of the following features, and buildings that are three stories or more shall incorporate a minimum of two of the following features, within 15 feet from each edge of the building corner. a. Change in primary wall material and color.
b. Change in height of more than four feet.
c. Change in wall plane of a minimum depth of two feet. d. Primary building entrance.
e. Different fenestration pattern from the primary façade. f. Open space with a minimum dimension of sixteen 16 feet wide and minimum area of 450 square feet, which accommodates a publicly accessible courtyard/plaza.

PAGE 97 of 120
17 Figure 8 – Corner lot building features.

C. Windows, Doors and Balconies.

1. Horizontal window bands. Horizontal window bands over 40 feet in length shall be prohibited.

2. Street-facing windows. Windows shall be provided facing the street for all units adjacent to the street to break up building mass.

3. Bay windows. Bay windows shall project at least two feet, but no more than three feet from the façade.

4. Security bars. Security bars are prohibited.

5. Double glazed windows. Windows shall be double glazed, consistent with energy code requirements.

PAGE 98 of 120
18 6. Operable windows. Operable windows shall have screens.

7. Window frames. Raw or clear anodized aluminum window frames are prohibited.

8. Window materials. Window materials shall comply with all applicable objective standards of the City’s Pre-Approved Window Material List.

9. Window and door trim. Windows and doors shall either be trimmed or recessed.

When trimmed, the trim material shall not be less than three and one-half inches in width by three-quarter inch in depth when protruding from the wall. Foam trim is prohibited on the ground floor. When recessed, the building primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window or door glazing by at least three inches in depth.

10. Balconies. A minimum of 51 percent of the upper floor residential units shall have a balcony of a minimum depth of four feet and width of eight feet and be recessed. Balcony walls shall be a maximum of 15percent transparent material. Balconies shall not encroach over the public right-of-way.

11. Window and balcony orientation. Windows and balconies above the first story shall be oriented such that there is not a direct line-of-sight into the windows, balconies, private patios or backyards of residential units within 30 feet within the development, or residential units within 30 feet on adjacent properties. Exceptions are allowed where the windows on the proposed development are opaque or otherwise treated to obscure views.

12. Unit front door entryways. Exterior entrances at individual residential unit entries and primary entrances to commercial uses shall have weather protection by providing a minimum of one of the following treatments:
a. Porch roofs
b. Overhangs
c. Awnings
d. Trellises
e. Canopies

13. Residential front doors. Knockers or door bells, and safety and security viewers, shall be provided on all residential front entrance doors.

PAGE 99 of 120
19 D. Garage Doors.

1. Garage door placement. For projects of more than two residential units, garage doors shall not face a public street, but be oriented toward an alley or private street or driveway internal to the project.

2. Garage door treatments. Garage doors shall be recessed a minimum of six inches from the surrounding building wall, and shall include a trim of a minimum of one and one-half inches in depth. Garage doors shall also include at least one of the following detail treatments, to be consistent throughout all garage door design in the building:
a. Windows
b. Paneled surface
c. Minimum of two (2) colors
d. Minimum of two (2) textured surfaces
E. Stairwells.

Exterior stairwells. Exterior stairwells shall be designed as an integral part of the project’s architecture by incorporating solid wall portions, columns, and/or a decorative balustrade. Stairwells shall not be oriented to the street, but shall face interior spaces such as plazas, gathering areas, parking areas and pedestrian paths and shall not be separated from these areas by landscaping, fences or walls taller than three feet. The design shall be of the same materials, color and detail of the building. Open metal and pre-fabricated stairwells are prohibited.

F. Adjacent Buildings.

Residential adjacencies. The side and rear walls of any building within 15 feet of a required setback, or where a setback is not required, shall be a maximum of 15 feet higher than an existing residential building on a directly adjacent property, or the exterior wall plane of each floor above the ground floor shall be stepped back by a minimum of eight (8) feet from the floor building plane just below along the full façade.

PAGE 100 of 120
20 Figure 9 - Multi-story buildings adjacent to residential structures.

G. Materials.

1. Exterior façade materials. The following materials are permitted, shall be maintained for exterior façades, and can be used in relation to their designation of primary, secondary, and accent. Materials listed as prohibited or omitted altogether are not permitted. At least two materials shall be used on any building façade, in addition to glazing, railings and trim. A primary material shall constitute a minimum of 60 percent of any building façade, excluding windows and railings. Buildings with false façades or false fronts, exclusive of parapets used to shield rooftop equipment, are prohibited.

Exterior Façade Materials
Brick, except faux brick P
Stone (unpainted), except faux stone P
Stucco and plaster P
Finished wood, wood veneer, engineered wood, hardie
board, wood siding
P
Fiber-reinforced cement siding and panels P
Concrete (poured in place or precast) S
Ceramic tile S
Glass (transparent spandrel) S
Glass (block) A
PAGE 101 of 120
21 Metal N
Corrugated metal N
Vinyl N
Plastic N
Glass (mirrored, tinted, reflective) N
Gloss tiles N
T-111 Plywood N
Composite, grooved, or patterned wood panel N
Exterior Insulation Finishing System (EIFS) N
KEY
P: Primary or secondary material
S: Secondary or accent material
A: Accent material only
N: Not allowed/prohibited
Primary material – a material of the highest use percentage on the building, at least 60 percent.

Secondary material – a material used by a lesser percent than the primary material, a maximum of 40 percent.

Accent material – a material used for wall, window or roof trim, or on building elements, including doors and dormers.

2. Roofing material. Where not indicated otherwise in section 23.20.08.A.5, each structure shall have and maintain a roof constructed of wood shake, shingle, asphalt, composition, fiber cement, or tile (slate, concrete or clay). Metal roofing and roofing of a glossy or reflective surface are prohibited.

3. Natural barrel clay tile roof replacement. Natural barrel clay tile roofs shall be replaced with the same material and color in repairs, remodels, and additions.

4. Material transitions. Material transitions along any façade shall only occur on the inside corner of plane change. When material changes need to happen in the same plane, trims, cornices, or other architectural elements shall be used to create a corner for material transition.

H. Colors.

1. Color palette. The color palette for all buildings shall consist of any of the following:
off-whites and light grays.

PAGE 102 of 120
22 2. The number of colors appearing on the entire building exterior, excluding the roof, shall be a minimum of two and a maximum of four colors (or tones of the same color), including trim and accent colors. The selection of colors shall be the same among multiple buildings within a project. Changes in color due to a change in building material are not considered an additional color. Stone materials shall not be painted.

3. Roof color treatment. Notwithstanding section 23.20.08.A.5., the colors of natural roofing materials, such as barrel tiles and slate, shall be left natural and not be altered by staining or painting. Colors of synthetic roofing materials shall simulate natural materials by use of earth tones. The blending of more than two colors on a roof is prohibited.

23.20.09 SITE DETAILS
A. Landscaping.

The following landscape design standards are in addition to the landscape standards in section 23.16.

1. Landscaping along driveways and buildings. A strip of landscaping at least four feet wide shall be installed and maintained adjacent to all driveways and buildings.

2. Parking lot perimeter landscaping. Parking lots shall include a landscaped buffer consisting of a planting strip a minimum of three feet wide; a landscaped screening feature, such as a hedge or landscaped berm at least three feet high and no more than five feet high measured from the finished grade of the parking lot; and trees planted on average every 20 feet along the parking area perimeter in a planter of a minimum five feet wide. Continuous six - inch concrete curbs shall be provided at wheel stops where parking adjoins landscaping.

3. Interior parking lot landscaping. Finger planters a minimum width of four feet shall be provided at an interval of at least one finger planter every 12 parking spaces.

PAGE 103 of 120
23 Figure 10 – Parking lot finger planter placement.

4. Parking lot trees. Trees shall be planted and maintained in all parking lots at a ratio of one tree for every ten parking spaces. The minimum size of trees at planting shall be 24-inch box. Parking lot landscaping shall include shade trees, placed so as to cover 40 percent of the total parking area with tree canopies within 15 years after the issuance of the building permit for the related building, structure or other improvement.

5. Native plants. Landscaped areas shall include at least 25 percent native plant species selected from those listed by the California Native Plant Society in the Calscape website specific to the Western San Gabriel Valley.

6. Drought tolerant plants. Notwithstanding section 23.16, low-water use plants shall be used in at least 50 percent of the total planted area. Plant selection shall reflect water conservation through the use and grouping of plants that are well adapted to the particular site and require similar water needs (same hydrozones), and climatic, geological and topographical conditions.

7. Areas to be landscaped. Landscaping shall be provided in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or other required amenities.

Landscaping materials shall not be located such that at maturity they obstruct pedestrian paths and vehicular access along the public right-of-way, private streets, and private driveways.

Landscaping adjacent to pedestrian and vehicular paths shall either be raised planting surfaces or separated by a minimum six-inch concrete curb.

8. Trees, shrubs and groundcover. Trees shall consist of both evergreen and deciduous varieties, the distribution of which shall be the applicant’s choice providing that no more than 50 percent of trees shall be deciduous. At least five different species of shrubs and groundcover shall be used in planter areas.

PAGE 104 of 120
24 9. Use of turf. Notwithstanding compliance with the California State Model Water Efficient Landscape Ordinance, and section 23.16, the maximum area permitted for turf shall be 30 percent of the total landscaped area on site. Turf shall not be used in planting strips narrower than five feet wide, and slopes over 15 percent due to ensure adequate irrigation.

10. Decorative water features. The following decorative water features are not permitted: ponds, fountains, or waterfalls

11. Water Efficient Landscaping. Landscape and irrigation plans subject to the California State Model Water Efficient Landscape Ordinance shall conform to the requirements of such ordinance and section 23.16 to achieve water efficient landscaping.

12. Dry landscaping. No more than 20 percent of any landscaped area shall contain dry landscaping of decomposed granite, bark, or decorative pebbles, rocks, and boulders.

13. Landscape architectural features. Landscape architectural features as defined in section 23.01.01, such as pilasters, walls, pergolas and trellises shall match the colors and materials of the closest buildings on-site.

B. Pavement.

1. Type of Pavement. Asphalt is prohibited.

2. Pedestrian paving. Pedestrian walkway materials shall consist of stamped or scored concrete, interlocking unit pavers, tiles, bricks, or stone, and shall also be used to delineate crossings at circulation drives and parking aisles.

3. Driveway entry treatment. The first 20 feet of a vehicular driveway entry shall be composed of at least one of the following treatments and shall be provided for the full width of the driveway: pavers, stamped or scored concrete, stone, brick, exposed aggregate.

4. Paved areas in yard setbacks. Paved areas shall not exceed 50 percent of the required front or street side yard setback area.

C. Refuse Collection Areas.

1. Screening. Trash, green waste, organic waste, and recycling collection areas shall be screened from view by a six-foot-high enclosure with gates.

2. Design. Enclosures shall be designed with the same primary wall materials and colors as the nearest building within the development. Enclosures shall be either opaque fencing or walls, and include an opaque gate. Corrugated metal, plastic, and chain link fencing PAGE 105 of 120
25 with or without wooden/plastic slats, is prohibited. Enclosure dimensions shall conform to solid waste provider dimensions.

3. Proximity to residences. Enclosures shall not be located within 20 feet of any adjacent property zoned for or occupied with residential use, and from any pedestrian path or vehicle driveway. Enclosures shall be located no more than 100 feet from a residential unit.

4. Enclosure buffers. Enclosures shall be buffered from adjacent parking with a minimum six-foot wide landscape planter on all sides except the enclosure access or gate.

5. Lighting. Lighting of enclosures shall be provided for night-time security and use, and shall conform to section 23.20.09.F.

6. Access. Access to the enclosure shall conform to solid waste provider requirements.

Enclosures shall have both a vehicular access gate with a concrete apron and a pedestrian entrance.

D. Utility and Mechanical Equipment.

1. Roof screening. Roof-mounted mechanical units shall be fully screened from view from adjacent public rights-of-way, and incorporated into the roof design through increased slope, screening or enclosures. Screening and enclosures shall match the materials, colors and style of the building architecture. New roof-mounted or installed air conditioner units are prohibited. Replacement of existing, legal roof-mounted air conditioner units with new units of the same dimensions of the original units are permitted.

2. Equipment in open space areas. Utility and mechanical equipment shall not be located within any required open space area.

3. Ground-mounted. Ground-mounted mechanical, electrical, and utility equipment shall be screened or hidden from view of the public street, and shall be placed a minimum of 10 feet away from any pedestrian pathway and/or vehicle driveway. Screening shall consist of a wall, fence or landscaping hedge, and shall exceed the equipment height by one foot.

4. All vents, gutters and downspouts, louvers, and exposed flashing shall be concealed within the wall or roof construction, or, if exposed, shall be metal painted to the match the color of the building exterior or roof surface. Plastic material is prohibited.

E. Mailbox Locations.

Mailboxes shall be placed either at an on-site location adjacent to or incorporated into a common area for all residents, or at individual units.

F. Exterior Lighting.

PAGE 106 of 120
26 1. Lighted areas. All pedestrian pathways, vehicle parking areas, bicycle parking areas, structure entries, trash enclosures, and landscaped areas, and common open space areas shall be illuminated for safety and security.

2. Fixture orientation. No outdoor lighting shall be permitted where the light source is directed toward, or results in direct illumination of, a parcel(s) other than that upon which such light source is physically located. Accent lighting of buildings, trees or other landscape features may be permitted, provided the lighting only accentuates those individual features, and not an entire structure or landscaped area. Accent lighting shall be directed onto the building façade or tree, and all lighting fixtures shall be fully shielded and mounted as close as possible to the architectural feature of the building or tree being illuminated. Uplighting and flood lighting is prohibited.

3. Illumination limits. No one fixture or luminaire shall exceed 1,600 lumens, however accent lighting shall not exceed 800 lumens.

4. Correlated color temperature. For outdoor lighting, the maximum correlated color temperature (CCT) for each luminaire shall not exceed 4,000 Kelvin (K). Outdoor lights that exceed 4,000 K, commonly referred to as cool color temperatures, are prohibited.

5. Fixture height. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the eave line. If the light source or fixture is located on a building with no eaves, the light source or fixture shall not be more than 10 feet above existing grade, adjacent to the building or pole. Free-standing light standards for pedestrian and parking lot lighting shall be a maximum of 14 feet high, including the pole and light fixture. The light fixture, separate from the light pole, shall not be more than two feet in height.

6. Light trespass. The maximum illumination level at the project site property line shall be no more than a 0.07 foot as measured at grade. Light trespass that results in glare to neighboring properties or public/private streets is prohibited unless the director determines that there is no other alternative to provide such security lighting required by the California Building Code, or approves the use of alarm or motion-activated security lighting. For the purposes of this section, “glare” means stray, unshielded lighting striking the eye that results in discomfort, such as bright light causing squinting of the eyes; and/or disabling glare, such as bright light that reduces the ability to drive or see into shadows.

7. Fixture types. All light fixtures, including pole-mounted and wall-mounted light fixtures, shall be fully shielded so that the light bulb is invisible from the adjacent neighbors or streets. Light fixtures shall be “cut-off” where lenses, refractors or lamp sources do not extend below the surface of the fixture housing, and no light shall be directed at or above the lowest horizontal plane of the light fixture. Louvered light fixtures shall not qualify as fully shielded fixtures.

PAGE 107 of 120
27 8. Extinguishment of lights. With the exception of approved security lighting, or operational lighting conditions approved through a conditional use permit, all exterior lighting and parking lot lighting shall be extinguished by 10:00 p.m.

9. Exemptions. The following outdoor lights shall be exempted from the requirements of this section:
a. Temporary construction or emergency lighting
b. Exterior lighting for a permitted temporary activity c. Landscape lighting that does not require a permit from building and safety G. Personal Storage Space.

A minimum of 10 square feet (80 cubic feet) of personal storage space outside of a residential unit shall be provided for each residential unit. Personal storage areas shall be enclosed in a building or garage and able to be locked.

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

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

PASSED, APPROVED, AND ADOPTED this 30th day of June, 2023. ________________________

STEVE TALT, MAYOR
ATTEST:
__________________________________

CHRISTINA BAKER, CITY CLERK
PAGE 108 of 120
28 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-23-1402 was introduced and read by title at a Regular Meeting of the San Marino City Council held on the 14th day of June, 2023, and was adopted on second reading at a meeting of the City Council held on the 30th day of June, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________

CHRISTINA BAKER

CITY CLERK
PAGE 109 of 120
TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Christina Baker, City Clerk
DATE: June 30, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. O-23-1403 (2ND

READING) AMENDING MUNICIPAL CODE SECTION

02.14.02 REMOVING LANGUAGE PERTAINING TO PUBLIC
SAFETY COMMISSION ABSENCES AND RESOLUTION NO.

R-23-16 ESTABLISHING ADVISORY BODY ATTENDANCE

STANDARDS

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

BACKGROUND
The City Council relies on a number of citizen boards and commissions to serve as advisory bodies to the Council. The San Marino Municipal Code establishes the high-level requirements of each of the advisory bodies, and City Council adopted resolutions establish the more detailed aspects of the advisory bodies (i.e. meeting dates and times).

The San Marino Municipal Code only addresses absences for members of the Public Safety Commission. Currently, members of the Public Safety Commission are permitted no more than two excused absences per fiscal year with no unexcused absences allowed. The Advisory Body Members Handbook addresses attendance for all other advisory body members and states three unexcused absences in one calendar year may be grounds for removal.

Ordinance No. O-23-1403 (Attachment 1) would remove the specific mention of Public Safety Commission absences from the municipal code, aligning it Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 110 of 120
with the other Advisory Body code sections. Resolution No. R-23-16 (Attachment 2) would establish consistent attendance standards for all advisory body members. The resolution would create a standard of advisory body members who miss twenty-five percent (25%) or more of regularly scheduled meetings in a twelve (12) month period without prior notification to the Chair and staff liaison will be subject to removal by City Council action.

Staff is recommending the twenty-five percent (25%) standard due to all of the City’s advisory bodies not having the same number of regular meetings and allowing for canceled regular meetings to be considered. An absence is considered unexcused when the advisory body member does not report their absence to the Chair and staff liaison at least 72 hours prior to the meeting.

This will allow the Chair and staff liaison sufficient time to address the absence since many of the City’s advisory body meetings take place on Mondays.

DISCUSSION
At the June 14, 2023 City Council meeting, the City Council introduced for first reading Ordinance No. O-23-1403, amending the municipal code to remove Public Safety Commission absences. For today’s meeting, staff recommends the City Council adopt through second reading Ordinance No. O-23-1403 and Resolution No. R-23-16 establishing consistent attendance standards across all advisory bodies.

FISCAL IMPACT & PROCUREMENT REVIEW
None.

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

RECOMMENDATION
Staff recommends the Council adopt Ordinance No. O-23-1403 and Resolution No. R-23-16. If 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-23- 1403, an Ordinance of the City Council of the City of San Marino, California Amending Municipal Code Section 02.14.02 Removing Language Pertaining to Public Safety Commission Absences, and Resolution No. O-23-16, a Resolution of the City Council of the City of San Marino, Establishing Advisory Body Attendance Standards.”
PAGE 111 of 120

ATTACHMENTS

1. Ordinance No. O-23-1403 (Draft)

2. Resolution No. R-23-16 (Draft)
PAGE 112 of 120
1 ORDINANCE NO. O-23-1403

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

MARINO, CALIFORNIA AMENDING MUNICIPAL CODE SECTION

02.14.02 REMOVING LANGUAGE PERTAINING TO PUBLIC

SAFETY COMMISSION ABSENCES

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

SECTION 1. RECITALS
WHEREAS, the San Marino Municipal Code does not address absences for all City boards and commissions; and
WHEREAS, a council approved resolution will be used to address all board and commission absences.

SECTION 2. Section 02.14.02 (Appointment and Term) of the San Marino Municipal Code is amended as follows:

02.14.02 Appointment and Term
Members of the Public Safety Commission shall be appointed by the Mayor with the approval of the Council.

Members of the Commission shall serve terms of four (4) years, with terms commencing June 1 of the year of appointment; except, that of the Commissioners first appointed, two (2) members shall serve terms of two (2) years and three (3) members shall serve terms of four (4) years. Thereafter, all Commissioners shall serve a term of four (4) years and until a successor has been appointed.

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

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

PAGE 113 of 120
No member serving on the Public Safety Commission shall be permitted more than two (2) excused absences per fiscal year. No unexcused absences are allowed.

SECTION 3. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published by title and summary.

SECTION 4. This ordinance shall take effect 30 days following publication by title and summary.

PASSED, APPROVED, AND ADOPTED this 12th day of July, 2023. ________________________

STEVE TALT, MAYOR
ATTEST:
__________________________________

CHRISTINA BAKER, CITY CLERK
APPROVED AS TO FORM:
____________________________

JOSEPH MONTES

CITY ATTORNEY
PAGE 114 of 120

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-23-1403 was introduced and read by title at a Regular Meeting of the San Marino City Council held on the 14th day of June, 2023, and was adopted on second reading at a meeting of the City Council held on the 30th day of June, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________

CHRISTINA BAKER

CITY CLERK
PAGE 115 of 120
RESOLUTION NO. R-23-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

MARINO, ESTABLISHING ADVISORY BODY ATTENDANCE

STANDARDS
WHEREAS, the City’s advisory bodies are established in order to provide advice and recommendations to the City Council; and
WHEREAS, attendance by advisory body members is crucial for establishing quorum and conducting successful meetings; and
WHEREAS, there is currently no official policy in place regarding attendance for all advisory body members.

THEREFORE, BE IT RESOLVED by the City Council of the City of San Marino, California, as follows:

SECTION 1. The City Council hereby declares that any advisory body member who has missed twenty-five percent (25%) or more of regularly scheduled meetings in a twelve (12) month period without notifying the advisory body Chair and staff liaison will be subject to removal from the advisory body, upon action of the City Council. An absence is considered unexcused when the advisory body member does not report their absence to the Chair and staff liaison at least 72 hours prior to the meeting. Where applying a 25% calculation creates other than a whole number, normal number rounding to the nearest whole number will be used.

SECTION 2. Effective Date: This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED AND ADOPTED, at a meeting of the City Council of the City of San Marino, California, on this 12th day of July, 2023.

STEVE TALT, MAYOR

ATTEST:

CHRISTINA BAKER, CITY CLERK
PAGE 116 of 120
CITY OF SAN MARINO RESOLUTION NO. R-23-16

Page 2 of 2 ends

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-23-15 was adopted by the City Council of the City of San Marino at a regular meeting held on the 12th day of July, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

CHRISTINA BAKER, CITY CLERK

CITY OF SAN MARINO
PAGE 117 of 120
TO: Mayor and City Council
FROM: Mario Rueda, Acting City Manager
BY: Paul Chung, Finance Director
Mark Siegfried, Accounting Manager/Controller
DATE: June 30, 2023
SUBJECT: AUTHORIZATION TO PREPAY CALPERS FY 2023-24

UNFUNDED ACCRUED LIABILITY (UAL) AMORTIZATION

PAYMENTS

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

BACKGROUND
The City’s required payments to the California Public Employees Retirement System (CalPERS) each year consists of two parts: (1) the employer’s “normal cost,” which represents the estimated cost of pension benefits to be earned by active employees for the year; and (2) an amortization payment to pay down the unfunded accrued liability (UAL), which is the amount by which the value of pension fund assets falls short of the value of the projected pension benefits.

The employer’s “normal cost” payments must be made throughout the year. However, for the UAL amortization payments, CalPERS allows its member agencies an option to either make the required payments monthly or to prepay the annual amount by no later than July 31st each year. CalPERS offers a discount for the annual advance payment option.

The City has nine separate plans with CalPERS, three each (Tiers 1, 2 and PEPRA) for its Miscellaneous, Police, and Fire employees. The annual prepaid option is available for each of these nine separate plans.

Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 118 of 120

DISCUSSION
Many public agencies are taking advantage of the annual prepaid option for their UAL obligations as a way of saving money. The discount rate offered by CalPERS is attractive and the primary consideration is whether there is sufficient cash flow to allow for the sizable disbursement in July.

The table below illustrates the amount of savings that CalPERS is offering the City for each of our nine separate pension plans to take advantage of the annual prepaid option for our UAL obligations. The potential gross savings for all nine plans combined total $96,263, which is the difference between the sum of the monthly payments and the sum of the annual prepayment amounts. The amount of the advance payment for all nine plans combined would be $2,878,594.

The discount rate that CalPERS is offering the City with these advance payment options is approximately 6.117%. This discount rate is far greater than the approximately 2.87% rate of interest the City could earn on its own investments, were the City to invest the advance payment amount and make the required monthly payments, instead of making the advance payment. If the City makes the advance payments, the City would lose a certain amount of interest earnings by not having that cash available to invest during the CalPERS Plan
Monthly
Payment
Total Payments If
Paid Monthly If Prepaid Gross $ Savings Net $ Savings * Misc - Tier 1 $ 58,584.25 $ 703,011.00 $ 680,262.00 $ 22,749.00 $ 12,288.25 Misc - Tier 2 - - - - -
Misc - PEPRA - - - - -
Police - Tier 1 91,621.33 1,099,456.00 1,063,879.00 35,577.00 19,217.16 Police - Tier 2 38.67 464.00 449.00 15.00 8.10
Police - PEPRA 536.75 6,441.00 6,233.00 208.00 112.15
Fire - Tier 1 93,284.00 1,119,408.00 1,083,185.00 36,223.00 19,566.29 Fire - Tier 2 3,208.92 38,507.00 37,261.00 1,246.00 673.02 Fire - PEPRA 630.83 7,570.00 7,325.00 245.00 132.36
$ 2,974,857.00 $ 2,878,594.00 $ 96,263.00 $ 51,997.32
* Net $ Savings, net of lost interest earnings at 2.87% interest rate PAGE 119 of 120
year. Assuming a 2.87% interest rate on City investments, there would still be a net savings of $51,997.32 from prepaying.

The FY 2023-24 Adopted Budget included requested expenditures to pay the total of the 12 monthly payment amounts for all nine pension plans.

Accordingly, prepayment would result in budgetary savings.

FISCAL IMPACT & PROCUREMENT REVIEW
The net budgetary impact of taking advantage of the option to prepay the CalPERS UAL amortization payments for FY 2023-24 is a net savings to the City of $51,997.32, assuming a 2.87% rate of interest on City investments.

The City has sufficient cash reserves to make this payment in July and still meet its other obligations.

Procurement review is not applicable.

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

RECOMMENDATION
Staff recommends that the City prepay its FY 2023-24 UAL amortization payments to CalPERS for an estimated net savings of $51,997.32. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to authorize staff to prepay all of the City’s Fiscal Year 2023-24 unfunded accrued liability amortization payments to CalPERS in the total amount of $2,878,594, and to make such payments no later than July 31, 2023.”

ATTACHMENTS

1. None
PAGE 120 of 120

San Marino City CouncilJune 30, 2023

San Marino City Council
June 30, 2023