Agenda packet — San Marino City Council, September 29, 2023

AGENDA – SEPTEMBER 29, 2023 PAGE 1 of 4

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
Philippe Eskandar, City Manager
www.CityofSanMarino.org
(626) 300-0700 Phone
City Hall Council Chamber
2200 Huntington Drive
San Marino, CA 91108

ADJOURNED REGULAR MEETING OF THE

SAN MARINO CITY COUNCIL
FRIDAY, SEPTEMBER 29, 2023 AT 9:30 AM

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

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

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

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:

Via Computer for Video Streaming:

Website: https://us02web.zoom.us/j/85638871973
Meeting ID: 856 3887 1973
Via Phone for Audio Only:

Phone Number: (669) 900-9128
Meeting ID: 856 3887 1973
PAGE 1 of 97
AGENDA – SEPTEMBER 29, 2023 PAGE 2 of 4
How to offer public comment from home:

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.

Public comment will be accepted electronically via the zoom.us teleconference module during the meeting. Zoom comments will be taken after the in-person comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Member 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.

CEREMONIAL

PROCLAMATION DENOUNCING ANTISEMITISM AND ALL FORMS OF HATE

PUBLIC HEARINGS
PAGE 2 of 97
AGENDA – SEPTEMBER 29, 2023 PAGE 3 of 4

1. PUBLIC HEARING TO CONSIDER ADOPTION OF ORDINANCE NO. O-23- 1406 (FIRST READING) ADDING MUNICIPAL CODE SECTION 23.06.16

TO IMPLEMENT STATE LAW REGARDING PARKING REQUIREMENTS

WITHIN A HALF-MILE OF PUBLIC TRANSIT
Recommendation: Staff recommends the City Council conduct a public hearing and introduce for first reading Ordinance No. O-23-1406. If the City Council agrees, an appropriate motion would be:
“I move to waive full reading and introduce by title only Ordinance No. O-23-1406, an Ordinance of the San Marino City Council adding San Marino Municipal Code Section

23.06.16 to implement Assembly Bill 2097 by eliminating minimum parking requirements on a residential, commercial, or other development project if the project is located within one-half mile of public transit.”

2. PUBLIC HEARING TO CONSIDER ADOPTION OF ORDINANCE NO. O-23- 1407 (FIRST READING) AMENDING MUNICIPAL CODE SECTIONS

23.02.14 AND 23.15.04.1 TO ALLOW MINISTERIAL APPROVAL WHEN

RECONFIGURING SPACE WITHIN AN EXISTING DWELLING UNIT IN THE SINGLE-FAMILY (R-1) ZONE TO CREATE NO MORE THAN TWO

ADDITIONAL BEDROOMS
Recommendation: Staff recommends the Council conduct a public hearing and introduce for first reading Ordinance No. O-23-1407. If the City Council agrees, an appropriate motion would be:
“I move to waive full reading and introduce by title only Ordinance No. O-23- 1407, an Ordinance of the San Marino City Council amending San Marino Municipal Code Sections 23.02.14 and 23.15.04.01 to implement Assembly Bill 916 by allowing ministerial approval when reconfiguring space within an existing residential dwelling unit in the single-family (R-1) zone to create no more than two additional bedrooms.”

NEW BUSINESS

3. AMERICAN RESCUE PLAN ACT APPROPRIATIONS
Recommendation: Staff recommends the Council approve the budget appropriations as noted in the staff report to appropriate funds from the American Rescue Plan Fund for costs that the City has already incurred or for projects that are on-going. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the budget appropriations as noted in the staff report to PAGE 3 of 97
AGENDA – SEPTEMBER 29, 2023 PAGE 4 of 4
appropriate funds from the American Rescue Plan Fund for costs that the City has already incurred or for projects that are on-going.”

CONSENT CALENDAR

4. APPROVAL OF OFFICE OF TRAFFIC SAFETY (OTS) GRANT AGREEMENT

FOR SELECTIVE TRAFFIC ENFORCEMENT
Recommendation: Staff recommends City Council approve the agreements for OTS Grant Funding and authorize the Chief of Police and the Finance Director to enter into the agreements with the Office of Traffic Safety in an amount not to exceed $83,040 in the fiscal year ending June 30, 2024 and add $83,040 of estimated revenues and appropriate $83,040 of expenditures as noted in the Staff Report from the OTS Grant Fund. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve and authorize the Chief of Police and the Finance Director to enter into the agreements with the Office of Traffic Safety in an amount not to exceed $83,040 in the fiscal year ending June 30, 2024, and add $83,040 of estimated revenues and appropriate $83,040 of expenditures as noted in the Staff Report from the OTS Grant Fund.”

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: NICOLE TIBBET

CITY CLERK
PAGE 4 of 97
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
DATE: September 13, 2023
SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF
ORDINANCE NO. O-23-1406 (FIRST READING) ADDING
MUNICIPAL CODE SECTION 23.06.16 TO IMPLEMENT

STATE LAW REGARDING PARKING REQUIREMENTS

WITHIN A HALF-MILE OF PUBLIC TRANSIT

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Attractive, Complementary Business District
Well-Maintained Infrastructure

BACKGROUND
Assembly Bill 2097 (“AB 2097”)
AB 2097, authored by Assembly Member Laura Friedman and signed into law by the Governor in 2022, is intended to help address the State housing shortage, which the State Legislature has deemed to be a matter of statewide concern, by facilitating more housing through the elimination of mandatory parking requirements under certain circumstances which, according to experts relied on by the State Legislature, has led to an oversupply of parking spaces, encouraged car dependence, and discouraged mass transit usage.

AB 2097 is codified in Government Code Section 65863.2 which states that a public agency may not impose or enforce any minimum parking requirements on a residential, commercial, or other development project if the project is located within one-half mile of public transit.

Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 5 of 97
“Public transit” is defined as: a major transit stop as defined in Public Resources Code section 21155 , which includes:
a) An existing rail or bus rapid transit station.
b) A ferry terminal served by either a bus or rail transit service. c) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
d) Transit stops that are included in any applicable regional transportation plan.

A project is considered to be within one-half mile of a major transit stop or high-quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor and if not more than 10% of the residential units or 100 units, whichever is less, in the project, are farther than one-half mile from the stop or corridor.

Exception
A city or county may impose or enforce minimum parking requirements if the local government demonstrates that not imposing parking requirements would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
a) The city’s or county’s ability to meet its share of the regional housing need for low- and very low-income households.
b) The city’s or county’s ability to meet any special housing needs for the elderly or persons with disabilities, as specified.
c) Existing residential or commercial parking within one-half mile of the housing development project.

This exception may not be used by a city or county if:
a) The development dedicates a minimum of 20 percent of the total number of housing units to very low-, low-, or moderate-income households, students, the elderly, or persons with disabilities. b) The development contains fewer than 20 housing units. c) The development is subject to parking reductions based on the provisions of any other applicable law.

Another exception to the new parking rule is that the rule shall not apply to commercial parking requirements if it conflicts with an existing contractual agreement of the public agency that was executed before January 1, 2023, provided that all of the required commercial parking is shared with the public.

A “project” does not include a development where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is PAGE 6 of 97
designated for use as a residential hotel, as defined in Health and Safety Code Section 50519.

On August 23, 2023, the Planning Commission conducted a public hearing to review and take public comment on proposed Ordinance No. O-23-1406. The Planning Commission unanimously voted (5-0) to adopt Planning Commission Resolution No. PCR-23-11 (Attachment 3), recommending that the City Council adopt Ordinance No. O-23-1406 with minor revisions to correct typographical errors that did not alter the content of the Ordinance.

DISCUSSION
Staff has prepared an Ordinance that complies with AB 2097 by adding a new section to the Municipal Code which adopts Government Code Section 65863.2 by reference. Specifically, the proposed Ordinance adds Section 23.06.16 (parking):
“The City shall waive the minimum parking requirements of this Chapter provided the development complies with the requirements of Government Code Section 65863.2, as may be amended from time to time unless the City makes the findings necessary under Government Code Section 65863.2 to justify the imposition of minimum parking requirements.” There are approximately 451 parcels located within the City that would meet the requirements under Assembly Bill 2097. The San Marino High-Quality Transit Area Map is included in the staff report as Attachment No. 4.

CEQA Review
The City reviewed the environmental impacts of this Ordinance under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”) and this ordinance is not subject to further review for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal.

Code Regs. § 15060(c)(2); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3); and (3) the ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). The Ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

PAGE 7 of 97

FISCAL IMPACT & PROCUREMENT REVIEW
None are associated with this action.

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

RECOMMENDATION
Staff recommends the City Council conduct a public hearing and introduce for first reading Ordinance No. O-23-1406. If the City Council agrees, an appropriate motion would be:
“I move to waive full reading and introduce by title only Ordinance No. O-23- 1406, an Ordinance of the San Marino City Council adding San Marino Municipal Code Section 23.06.16 to implement Assembly Bill 2097 by eliminating minimum parking requirements on a residential, commercial, or other development project if the project is located within one-half mile of public transit.”

ATTACHMENTS

1. Assembly Bill 2097 Legislative Text

2. Draft Ordinance No. O-23-1406

3. Planning Commission Resolution PCR-23-11

4. San Marino High-Quality Transit Area Map
PAGE 8 of 97
8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 1/14 SHARE THIS: Date Published: 09/23/2022 02:00 PM
AB-2097 Residential, commercial, or other development types: parking requirements. (2021-2022) Assembly Bill No. 2097
CHAPTER 459
An act to amend Section 65585 of, and to add Section 65863.2 to, the Government Code, relating to land use.
[ Approved by Governor September 22, 2022. Filed with Secretary of State September 22, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 2097, Friedman. Residential, commercial, or other development types: parking requirements.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a land use element, and a conservation element. Existing law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking, and permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the variance will be an incentive to the development and the variance will facilitate access to the development by patrons of public transit facilities.

This bill would prohibit a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project, as defined, that is located within 1 /2 mile of public transit, as
defined. The bill, notwithstanding the above-described prohibition, would authorize a city, county, or city and county to impose or enforce minimum automobile parking requirements on a housing development project if the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on the public agency’s ability to meet its share of specified housing needs or existing residential or commercial parking within 1 /2 mile of the housing development. The
bill would create an exception from the above-described provision if the housing development project (1) dedicates a minimum of 20% of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities, (2) contains fewer than 20 housing units, or (3) is subject to parking reductions based on any other applicable law. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a housing development project that is located within 1 /2
mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. By changing the duties of local planning officials, this bill would impose a statemandated local program.

Existing law also requires the Department of Housing and Community Development to notify a city, county, or city and county, and authorizes the department to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to the housing element does not substantially comply with specified provisions of the Planning and Zoning Law, or that the Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites PAGE 9 of 97
8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 2/14 local government has taken action or failed to act in violation of specified provisions of law. Existing law authorizes the Attorney General to bring suit for a violation of those provisions.

This bill would add a violation of the minimum automobile parking requirements of residential, commercial, or other development projects, as described above, to the list of laws that, when violated, require the department to notify the jurisdiction and authorize the Attorney General to bring an action to enforce state law.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 2011 and AB 2653 to be operative only if this bill and AB 2011 or AB 2653, or all 3 bills, are enacted and this bill is enacted last.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65585 of the Government Code is amended to read:
65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
(b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
(2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.
(3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
(d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.
(f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1) Change the draft element or draft amendment to substantially comply with this article.

PAGE 10 of 97
8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 3/14 (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department. (g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article. (2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1) Housing Accountability Act (Section 65589.5).
(2) Section 65863.
(3) Chapter 4.3 (commencing with Section 65915.)
(4) Section 65008.
(5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300). (6) Section 8899.50.
(7) Section 65913.4.
(8) Article 11 (commencing with Section 65650).
(9) Article 12 (commencing with Section 65660).
(10) Section 65913.11.
(11) Section 65863.2.
(k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ePAGE 11 of 97 nsure that its order or 8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 4/14 judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j). (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law.

The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships. (n) Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).

SEC. 1.1. Section 65585 of the Government Code is amended to read: PAGE 12 of 97 8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 5/14 65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
(b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
(2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.
(3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
(d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.
(f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1) Change the draft element or draft amendment to substantially comply with this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department. (g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.

PAGE 13 of 97
8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 6/14 (2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1) Housing Accountability Act (Section 65589.5).
(2) Section 65863.
(3) Chapter 4.3 (commencing with Section 65915).
(4) Section 65008.
(5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300). (6) Section 8899.50.
(7) Section 65913.4.
(8) Article 11 (commencing with Section 65650).
(9) Article 12 (commencing with Section 65660).
(10) Section 65913.11.
(11) Section 65863.2.
(12) Chapter 4.1 (commencing with Section 65912.100).
(k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of PAGE 14 of 97 8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 7/14 three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j). (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law.

SEC. 1.2. Section 65585 of the Government Code is amended to read:
65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
(b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
(2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.

PAGE 15 of 97
8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 8/14 (3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
(d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.
(f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1) Change the draft element or draft amendment to substantially comply with this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department. (g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article. (2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1) Housing Accountability Act (Section 65589.5).
(2) Section 65863.
(3) Chapter 4.3 (commencing with Section 65915).
(4) Section 65008.
(5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).

PAGE 16 of 97
8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 9/14 (6) Section 8899.50.
(7) Section 65913.4.
(8) Article 11 (commencing with Section 65650).
(9) Article 12 (commencing with Section 65660).
(10) Section 65913.11.
(11) Section 65400.
(12) Section 65863.2.
(k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified defiPAGE 17 of 97 ciencies. The court shall 8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 10/14 determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j). (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law.

SEC. 1.3. Section 65585 of the Government Code is amended to read:
65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
(b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
(2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.
(3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
(d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.

PAGE 18 of 97
8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 11/14 (f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1) Change the draft element or draft amendment to substantially comply with this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department. (g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article. (2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1) Housing Accountability Act (Section 65589.5).
(2) Section 65863.
(3) Chapter 4.3 (commencing with Section 65915).
(4) Section 65008.
(5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300). (6) Section 8899.50.
(7) Section 65913.4.
(8) Article 11 (commencing with Section 65650).
(9) Article 12 (commencing with Section 65660).
(10) Section 65913.11.
(11) Section 65400.
(12) Section 65863.2.
(13) Chapter 4.1 (commencing with Section 65912.100)
(k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set foPAGE 19 of 97 rth in this subdivision do 8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 12/14 not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j). (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law.

PAGE 20 of 97
8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 13/14 (o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).

SEC. 2. Section 65863.2 is added to the Government Code, to read:
65863.2. (a) A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit. (b) Notwithstanding subdivision (a), a city, county, or city and county may impose or enforce minimum automobile parking requirements on a project that is located within one-half mile of public transit if the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
(1) The city’s, county’s, or city and county’s ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households. (2) The city’s, county’s, or city and county’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583. (3) Existing residential or commercial parking within one-half mile of the housing development project. (c) For a housing development project, subdivision (b) shall not apply if the housing development project satisfies any of the following:
(1) The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities. (2) The development contains fewer than 20 housing units. (3) The development is subject to parking reductions based on the provisions of any other applicable law. (d) Notwithstanding subdivision (a), an event center shall provide parking, as required by local ordinance, for employees and other workers.
(e) For purposes of this section:
(1) “Housing development project” means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.
(2) “Low- and very low income households” means the same as “lower income households” as defined in Section 50079.5 of the Health and Safety Code.
(3) “Moderate-income households” means the same as “persons and families of moderate income,” as defined in Section 50093 of the Health and Safety Code.
(4) “Public agency” means the state or any state agency, board, or commission, any city, county, city and county, including charter cities, or special district, or any agency, board, or commission of the city, county, city and county, special district, joint powers authority, or other political subdivision. (5) “Public transit” means a major transit stop as defined in Section 21155 of the Public Resources Code. (6) “Project” does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code. (f) This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development that is located within one-half mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this section did not apply. (g) When a project provides parking voluntarily, a public agency may impose requirements on that voluntary parking to require spaces for car share vehicles, require spaces to be shared with the public, or rePAGE 21 of 97 quire parking owners to 8/17/23, 2:38 PM Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 14/14 charge for parking. A public agency may not require that voluntarily provided parking is provided to residents free of charge.
(h) (1) Subdivision (a) shall not apply to commercial parking requirements if it conflicts with an existing contractual agreement of the public agency that was executed before January 1, 2023, provided that all of the required commercial parking is shared with the public. This subdivision shall apply to an existing contractual agreement that is amended after January 1, 2023, provided that the amendments do not increase commercial parking requirements. (2) A project may voluntarily build additional parking that is not shared with the public. (i) The Legislature finds and declares that the imposition of mandatory parking minimums can increase the cost of housing, limit the number of available units, lead to an oversupply of parking spaces, and increased greenhouse gas emissions. Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section.

SEC. 3. The Legislature finds and declares that to lower the cost of housing production by reducing unnecessary parking requirements is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Section 65863.2 to the Government Code applies to all cities, including charter cities.

SEC. 4. (a) Section 1.1 of this bill incorporates amendments to Section 65585 of the Government Code proposed by both this bill and Assembly Bill 2011. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65585 of the Government Code, and (3) Assembly Bill 2653 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2011, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative. (b) Section 1.2 of this bill incorporates amendments to Section 65585 of the Government Code proposed by both this bill and Assembly Bill 2653. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65585 of the Government Code, (3) Assembly Bill 2011 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2653 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative. (c) Section 1.3 of this bill incorporates amendments to Section 65585 of the Government Code proposed by this bill, Assembly Bill 2011, and Assembly Bill 2653. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) all three bills amend Section 65585 of the Government Code, and (3) this bill is enacted after Assembly Bill 2011 and Assembly Bill 2653, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

PAGE 22 of 97
1 ORDINANCE NO. O-23-1406

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO, CALIFORNIA ADDING MUNICIPAL CODE SECTION 23.06.16

TO IMPLEMENT STATE LAW REGARDING PARKING

REQUIREMENTS WITHIN A HALF-MILE OF PUBLIC TRANSIT

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

SECTION 1. RECITALS
WHEREAS, Assembly Bill 2097 (“AB 2097”) was approved by the Governor and chaptered by the Senate (Chapter 459, Statutes of 2022) on September 22, 2022. This statute added Government Code section 65863.2 which, among other things, limits local agencies’ authority to enforce minimum parking requirements; and
WHEREAS, the City Council of the City of San Marino seeks to implement AB 2097 through its local land use controls; and
WHEREAS, this Ordinance revises the Municipal Code to waive minimum parking requirements when development meets the requirements of the Government Code; and WHEREAS, on August 23, 2023, the Planning Commission conducted a duly noticed public hearing to consider the proposed Ordinance and recommended to the City Council that it adopt the proposed Ordinance; and
WHEREAS, notice of Public Hearing before the City Council was duly given and published in the time, form, and manner as required by law; and
WHEREAS, on September ____, 2023, the City Council considered this Ordinance. Its findings are made based on the entire administrative record including testimony and evidence presented to the Planning Commission on August 23, 2023, and to the City Council at its September____, 2023 public hearing, including, without limitation, the staff report submitted by the Director of Community Development.

SECTION 2. GENERAL PLAN. Pursuant to Government Code § 65860, the City Council hereby determines that this Ordinance is compatible with, consistent with and integrated with all other elements of the City’s General Plan.
/ / /
/ / /
/ / /
PAGE 23 of 97
2 SECTION 3. AMENDMENT. A new Section 23.06.16 (Parking) is hereby added to the San Marino Municipal Code as follows:
“23.06.16: PARKING:

The City shall waive the minimum parking requirements of this Chapter provided the development complies with the requirements of Government Code Section 65863.2, as may be amended from time to time, unless the City makes the findings necessary under Government Code Section 65863.2 to justify the imposition of minimum parking requirements.” SECTION 4. ENVIRONMENTAL. The City Council finds and determines that this ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)); and (3) the ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). The Ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 5. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, if for any reason is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance.

The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 6. CONSTRUCTION. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 7. ENFORCEABILITY. Repeal of any provision of the SMMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

PAGE 24 of 97
3 SECTION 8. VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the SMMC or other city ordinance by this Ordinance will be rendered void and cause such previous SMMC provision or other the city ordinance to remain in full force and effect for all purposes.

SECTION 9. PUBLICATION AND EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law. This Ordinance takes effect 30 days from the date of its adoption.

PASSED, APPROVED, AND ADOPTED this __ th day of ___________ 2023. ________________________

STEVE TALT
ATTEST:
_________________________

CITY CLERK
PAGE 25 of 97
RESOLUTION NO. PCR-23-11

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SAN MARINO, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT ORDINANCE NO. O-23-1406 ADDING MUNICIPAL
CODE SECTION 23.06.16 TO IMPLEMENT STATE LAW REGARDING

PARKING REQUIREMENTS WITHIN A HALF-MILE OF PUBLIC

TRANSIT
WHEREAS, Assembly Bill 2097 (“AB 2097”) was approved by the Governor and chaptered by the Senate (Chapter 459, Statutes of 2022) on September 22, 2022. AB 2097 added Section 65863.2 to the Government Code which, among other things, limits local agencies’ authority to enforce minimum parking requirements; and
WHEREAS, the proposed Ordinance revises the Municipal Code to allow the City to waive minimum parking requirements when development meets the requirements of Government Code section 65863.2; and
WHEREAS, the City reviewed this text amendment pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). CEQA and the CEQA Guidelines are collectively referred to as “CEQA Regulations”; and WHEREAS, on August 23, 2023, the Planning Commission held a duly noticed public hearing, at which time it considered all material and evidence, whether written or oral.

WHEREAS, on August 23, 2023, the Planning Commission considered this zoning ordinance text amendment. Its findings are made based on the entire administrative record including testimony and evidence presented to the Planning Commission on August 23, 2023, including, without limitation, the staff report submitted by the Director of Community Development.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Marino as follows:

SECTION 1. The Planning Commission hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the Planning Commission.

SECTION 2. Findings.

A. That the above recitations are true and correct.

B. That the City seeks to comply with new AB 2097 by waiving parking requirements under certain conditions.

C. That the Planning Commission hereby determines that the proposed ordinance is compatible with, consistent with and integrated with all other elements of the City’s General Plan.

PAGE 26 of 97
CITY OF SAN MARINO PLANNING COMMISSION RESOLUTION NO. PCR-23-11

Page 2 of 3 ends

• Considering the entire proposed Ordinance, the proposed amendment to the SMMC will further the goals, objectives, and policies of the General Plan and will not obstruct their attainment. The amendment is relatively minor in nature and are intended to bring the Municipal Code into compliance with state law mandates. Therefore, the amendment will not frustrate any goal or policy set forth in the General Plan.

D. That the Planning Commission finds and recommends that the City Council declare that the proposed ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal.

Code Regs. § 15061(b)(3)); and (3) the ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). The Ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

E. That the Planning Commission recommends adoption of the proposed ordinance by the City Council.

SECTION 3. Recommendation of Approval. Based on the above findings, and after receiving evidence and testimony at a public hearing, the Planning Commission recommends approval of the proposed ordinance, attached as Exhibit A, to the City Council.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Planning Commission hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

SECTION 5. Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution. It is the Planning Commission’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.

SECTION 6. Office of Record. The record of proceedings upon which this decision is based is in the Community Development Department, which is the office of record for the same.

SECTION 7. This Resolution will remain effective until superseded by a subsequent resolution.

PAGE 27 of 97
CITY OF SAN MARINO PLANNING COMMISSION RESOLUTION NO. PCR-23-11

Page 3 of 3 ends

SECTION 8. The Planning Commission Chairman, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the Planning Commission of the City of San Marino, and the Planning Commission Secretary is directed to attest thereto.

PASSED, APPROVED AND ADOPTED, at a meeting of the Planning Commission of the City of San Marino, California, on this 23rd day of August, 2023.

KEVIN CHENG,
Chair, San Marino Planning Commission

ATTEST:

ISIDRO FIGUEROA
Secretary, San Marino Planning Commission
PAGE 28 of 97
San Marino High Quality Transit Areas
Map created 8-15-23
© 2023 Digital Map Products. All rights reserved.

City Boundary
SCAG High Quality
Transit Areas (Plan Year
2045) 2491 feet
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San Marino High Quality Transit Area 1
Map created 8-15-23
© 2023 Digital Map Products. All rights reserved.

City Boundary
SCAG High Quality
Transit Areas (Plan Year
2045) 311 feet
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San Marino High Quality Transit Area 2
Map created 8-15-23
© 2023 Digital Map Products. All rights reserved.

City Boundary
SCAG High Quality
Transit Areas (Plan Year
2045) 156 feet
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San Marino High Quality Transit Area 3
Map created 8-15-23
© 2023 Digital Map Products. All rights reserved.

City Boundary
SCAG High Quality
Transit Areas (Plan Year
2045) 311 feet
PAGE 32 of 97
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
DATE: September 29, 2023
SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF
ORDINANCE NO. O-23-1407 (FIRST READING)
AMENDING MUNICIPAL CODE SECTIONS 23.02.14 AND

23.15.04.1 TO ALLOW MINISTERIAL APPROVAL WHEN

RECONFIGURING SPACE WITHIN AN EXISTING
DWELLING UNIT IN THE SINGLE-FAMILY (R-1) ZONE TO

CREATE NO MORE THAN TWO ADDITIONAL BEDROOMS

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

BACKGROUND
Assembly Bill 916 (“AB 916”)
AB 916 (Salas) is intended to help address the State housing shortage, which has been deemed by the State legislature to be a matter of statewide concern, by facilitating more housing through maximizing the utilization of existing space within residential units.

AB 916 was approved by the Governor and Chaptered into law on September 28, 2022. This statute adds California Government Code section 65850.02, which prohibits local agencies from adopting or enforcing an ordinance requiring a public hearing as a condition of remodeling or reconfiguring existing space to increase the bedroom count within an existing dwelling unit.

Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 33 of 97
The Government Code imposes restrictions on local agencies’ land use controls, however, it does not affect other requirements, such as parking requirements or building codes. Moreover, AB 916 does not apply to projects that involve new construction, which increases the size of the existing dwelling unit.

On August 23, 2023, the Planning Commission conducted a public hearing to review and take public comment on proposed Ordinance No. O-23-1407. The Planning Commission unanimously voted (5-0) to adopt Planning Commission Resolution No. PCR-23-10 (Attachment 3), recommending that the City Council adopt Ordinance No. O-23-1407 with minor revisions to correct typographical errors that did not alter the content of the Ordinance.

DISCUSSION
Staff has prepared an Ordinance that complies with AB 916 by making two substantive changes to two sections of the Municipal Code. Both substantive changes are necessary to avoid creating a conflict between the new State law and the City municipal code. Specifically, the proposed Ordinance amends the Municipal Code as follows:

1. The proposed Ordinance amends SMMC § 23.15.04.1 by providing an exception to the conditional use permit requirement when a dwelling in the R-1 zone is proposed to have more than six bedrooms. The exception allows more than six bedrooms in a single-family dwelling, subject only to ministerial approval, when existing space within a dwelling unit is remodeled/reconfigured to create one or two new bedrooms.

2. The proposed Ordinance amends SMMC § 25.15.03.1 by providing that the Community Development Director can ministerially approve an application to remodel/reconfigure existing space within a dwelling unit to create one or two new bedrooms.

CEQA Review
In accordance with Section 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines, the Ordinance and Resolution are categorically exempt from CEQA. “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” “Class 3 consists of construction and location of limited numbers PAGE 34 of 97
of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.” The proposed Ordinance allows for minor construction of interior walls, and related mechanical, electrical, and plumbing, completely within existing single-family residences, which are small private structures, in the Single Family (R-1) zone. Moreover, the proposed Ordinance allows for a small negligible expansion of the existing use and does not provide for any change in the character of the existing residential use.

FISCAL IMPACT & PROCUREMENT REVIEW
Apart from the reallocation of staff resources needed to address this new State legislation, there is no new financial impact.

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

RECOMMENDATION
Staff recommends the Council conduct a public hearing and introduce for first reading Ordinance No. O-23-1407. If the City Council agrees, an appropriate motion would be:
“I move to waive full reading and introduce by title only Ordinance No. O-23- 1407, an Ordinance of the San Marino City Council amending San Marino Municipal Code Sections 23.02.14 and 23.15.04.01 to implement Assembly Bill 916 by allowing ministerial approval when reconfiguring space within an existing residential dwelling unit in the single-family (R-1) zone to create no more than two additional bedrooms.”

ATTACHMENTS

1. AB 916 Legislative Text

2. Draft Ordinance No. O-23-1407

3. Planning Commission Resolution No. PCR-23-10
PAGE 35 of 97
8/17/23, 2:38 PM Bill Text - AB-916 Zoning: bedroom addition. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB916 1/2 SHARE THIS: Date Published: 09/29/2022 02:00 PM
AB-916 Zoning: bedroom addition. (2021-2022)
Assembly Bill No. 916
CHAPTER 635
An act to add Section 65850.02 to the Government Code, relating to housing. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 916, Salas. Zoning: bedroom addition.

The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes.

This bill would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of reconfiguring existing space to increase the bedroom count within an existing dwelling unit. The bill would apply these provisions only to a permit application for no more than 2 additional bedrooms within an existing dwelling unit. The bill would specify that these provisions are not to be construed to prohibit a local agency from requiring a public hearing for a proposed project that would increase the number of dwelling units within an existing structure. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities.

By imposing additional duties on local officials, the bill would impose a state-mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65850.02 is added to the Government Code, immediately following Section 65850.01, to read:
65850.02. (a) Notwithstanding any other local law, with respect to land zoned for residential use, the legislative body of a city or county shall not adopt or enforce an ordinance requiring a public hearing as a condition of reconfiguring existing space to increase the bedroom count within an existing dwelling unit.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites PAGE 36 of 97
8/17/23, 2:38 PM Bill Text - AB-916 Zoning: bedroom addition. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB916 2/2 (b) This section shall only apply to a permit application for no more than two additional bedrooms within an existing dwelling unit.
(c) This section shall not be construed to prohibit a local agency from requiring a public hearing for a proposed project that would increase the number of dwelling units within an existing structure. (d) The Legislature finds and declares that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, as that term is used in Section 5 of Article IX of the California Constitution. Therefore, this section applies to all cities, including charter cities.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

PAGE 37 of 97
ORDINANCE NO. O-23-1407

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

MARINO, CALIFORNIA AMENDING MUNICIPAL CODE SECTIONS

23.02.14 AND 23.15.04.1 TO ALLOW MINISTERIAL APPROVAL WHEN

RECONFIGURING SPACE WITHIN AN EXISTING DWELLING UNIT IN THE SINGLE FAMILY (R-1) ZONE TO CREATE NO MORE THAN TWO

ADDITIONAL BEDROOMS

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

SECTION 1. RECITALS
WHEREAS, Assembly Bill 916 (“AB 916”) (Zoning: Bedroom Addition) was approved by the Governor and chaptered by the Senate (Chapter 635, Statutes of 2022) on September 28, 2022.

This statute added Government Code section 65850.02, which prohibits local agencies from adopting or enforcing an ordinance requiring a public hearing as a condition of reconfiguring existing space in an existing dwelling unit to increase the bedroom count by up to two additional bedrooms; and
WHEREAS, AB 916 seeks to address California’s housing shortage by facilitating more housing through the utilization of existing space within residential units; and WHEREAS, the existing City of San Marino’s Municipal Code (“SMMC”) requires approval of a conditional use permit when a residential building in the Single Family (R-1) zone has more than six bedrooms; and
WHEREAS, the existing SMMC requires Design Review Committee (“DRC”) approval, including a public hearing, before bedrooms may be added to dwelling units in the R-1 zone; and WHEREAS, the City Council of the City of San Marino seeks to implement AB 916 through its local land use controls; and
WHEREAS, this Ordinance is exempt from of the California Environmental Quality Act (CEQA) as a Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures) Categorical Exemption pursuant to sections 15301 and 15303 of the CEQA Guidelines because it contemplates minor construction and negligible expansion of existing uses.

SECTION 2. Section 23.02.14 (Limitations on The Number of Permitted Bedrooms) of the San Marino Municipal Code is amended as follows:

PAGE 38 of 97
No residential building in the R-1 Zones shall have more than six (6) bedrooms, as defined in section 23.01.01 of this chapter, without having first obtained a conditional use permit.

Notwithstanding, a conditional use permit shall not be required to reconfigure existing space within an existing dwelling unit located in the R-1 zones to add no more than two (2) additional bedrooms, provided that no additional space is being added to the dwelling.

SECTION 3. Section 23.15.04.1 (Applications That Can be Approved by The Director of Planning and Building) of the San Marino Municipal Code is amended as follows:

A. Following submission of plans, payment of a processing fee, and without neighborhood notification, the Planning and Building Director or his/her designee is authorized to review, and approve if he/she so chooses, the following items, subject to the standard of review in section

23.15.08 of this article:

1. Front door replacements (except from a single to a double door).

2. Garage door replacements.

3. Minor window modifications.

4. Installation of new light fixtures.

5. Minor modifications to wrought iron work (balconies, gates).

6. Installation or modification of commercial awnings.

7. Installation or modification of new commercial pedestrian door(s).

8. Reconfiguration of existing space within an existing dwelling unit located in the R-1 zones to add no more than two (2) additional bedrooms, provided that no additional space is being added to the dwelling.

An applicant can appeal to the DRC a denial by the Director of Planning and Buildings of an application for approval under this subsection.

B. The Director of Planning and Building, without payment of a processing fee or neighborhood notification, may approve a minor field change, subject to the criteria provided in section 23.15.08 of this article. Upon payment of an appeal fee the applicant may appeal denial of a minor field change to the body that approved the project for which the minor field change is being requested.

SECTION 4. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) as a Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures) Categorical Exemption pursuant to sections 15301 and 15303, respectively, of the CEQA Guidelines. “Class 1 consists of the operation, repair, PAGE 39 of 97
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” “Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.” This proposed Ordinance allows for minor construction of interior walls, and related mechanical, electrical, and plumbing, completely within existing single-family residences, which are small private structures, in the Single Family (R-1) zone. The Ordinance allows for a small negligible expansion of the existing use and does not provide for any change in the character of the existing residential use.

SECTION 6. PUBLICATION AND EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law. This Ordinance takes effect 30 days from the date of its adoption.

PASSED, APPROVED, AND ADOPTED this __ th day of ___________ 2023. ________________________

STEVE TALT
ATTEST:
_________________________

CITY CLERK
PAGE 40 of 97
LA #4872-1558-2791 v1
08296-0006
RESOLUTION NO. PCR-23-10

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SAN MARINO, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT ORDINANCE NO. O-23-1407 AMENDING
MUNICIPAL CODE SECTIONS 23.02.14 AND 23.15.04.1 TO ALLOW

MINISTERIAL APPROVAL WHEN RECONFIGURING SPACE WITHIN
AN EXISTING DWELLING UNIT IN THE SINGLE FAMILY (R-1) ZONE

TO CREATE NO MORE THAN TWO ADDITIONAL BEDROOMS
WHEREAS, Assembly Bill 916 (“AB 916”) (Zoning: Bedroom Addition) was approved by the Governor and chaptered by the Senate (Chapter 635, Statutes of 2022) on September 28, 2022.

This statute added Government Code § 65850.02, which prohibits local agencies from adopting or enforcing an ordinance requiring a public hearing as a condition of reconfiguring existing space in a single-family dwelling to increase the bedroom count by two or less bedrooms; and WHEREAS, AB 916 addresses a matter of statewide concern; and WHEREAS, the existing City of San Marino’s Municipal Code (“SMMC”) requires approval of a conditional use permit when a residential building in the Single Family (R-1) zone has more than six bedrooms; and
WHEREAS, the existing SMMC requires Design Review Committee (“DRC”) approval, including a public hearing, before bedrooms may be added to dwelling units in the R-1 zone; and WHEREAS, the California Environmental Quality Act (CEQA) provides, as a class 1 categorical exemption, for existing facilities pursuant to section 15301 of the CEQA Guidelines. “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” CEQA also provides, as a class 3 categorical exemption, for new construction or conversion of small structures pursuant to section 15303 of the CEQA Guidelines. “Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure;” and WHEREAS, this Resolution recommends that the City Council approve the proposed Ordinance which revises the SMMC by allowing ministerial approval to reconfigure space within existing dwelling units in the single family (R-1) zone to create no more than two additional bedrooms.

The proposed Ordinance is consistent with AB 916 and will bring the City into compliance with the new law; and
WHEREAS, on August 23, 2023, the Planning Commission held a duly noticed public hearing, at which time it considered all material and evidence, whether written or oral.

PAGE 41 of 97
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Marino as follows:

SECTION 1. The Planning Commission declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the Planning Commission.

SECTION 2. FINDINGS.

A. That the above recitations are true and correct.

B. That the City seeks to implement AB 916 by amending the SMMC to provide for ministerial approval to reconfigure space within existing dwelling units in the single family (R-1) zone when such reconfiguration results in the creation of no more than two additional bedrooms.

C. That the Planning Commission determines that the proposed Ordinance is compatible with, consistent with, and integrated with the City’s General Plan. • General Plan Land Use Goal No. 1 is to “maintain the residential character of San Marino.” Moreover, Land Use Objective No. L.5 is to “preserve the character of existing neighborhoods.” L.5 includes the policy to “place limits on mass, scale, and site placement for new construction and additions.” The 6th cycle Housing Element Goal No. 2 is to “maintain the existing housing stock.” The proposed Ordinance will implement AB 916 by providing ministerial approval of applications that seek to reconfigure existing space within an existing dwelling unit to create up to two additional bedrooms. Streamlining the approval process of proposals to reconfigure space to create bedrooms within existing single-family dwellings encourages home remodels and is a negligible intensification of the existing single-family use. As such, the proposed Ordinance maintains the residential character of the City and maintains the existing housing stock. Moreover, by encouraging interior remodels, the proposed Ordinance also reduces the burden on limits related to mass, scale, and site placement for new construction and additions.

D. That the Planning Commission finds and recommends that the City Council declare that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) as a Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures) Categorical Exemption pursuant to sections 15301 and 15303, respectively, of the CEQA Guidelines. “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” “Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.” The proposed Ordinance PAGE 42 of 97
allows for minor construction of interior walls, and related mechanical, electrical, and plumbing, completely within existing single-family residences, which are small private structures, in the Single Family (R-1) zone. Moreover, the proposed Ordinance allows for a small negligible expansion of the existing use and does not provide for any change in the character of the existing residential use.

E. That the Planning Commission recommends adoption of the proposed Ordinance by the City Council.

SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Planning Commission declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

PASSED, APPROVED AND ADOPTED, at a meeting of the Planning Commission of the City of San Marino, California, on this 23rd day of August, 2023.

KEVIN CHENG,
Chair, San Marino Planning Commission

ATTEST:

ISIDRO FIGUEROA
Secretary, San Marino Planning Commission
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THIS PAGE LEFT BLANK INTENTIONALLY
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Paul Chung, Finance Director
Mark Siegfried, Accounting Manager/Controller
DATE: September 29, 2023
SUBJECT: AMERICAN RESCUE PLAN ACT APPROPRIATIONS

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

BACKGROUND
The American Rescue Plan Act (ARPA) is a $1.9 trillion economic stimulus bill signed into law by the President on March 11, 2021. Within the ARPA total allocation is $350 billion for state, local, territorial, and Tribal governments to respond to the COVID-19 emergency. The City of San Marino’s allocation of direct local stimulus is $3,121,358 (Attachment 1). The first 50% allocation was paid to the City in July 2021 and the remaining balance was received in July 2022.

The ARPA itself is very broad in nature with a focus on four key program areas wherein the dollars may be utilized: 1) to respond to the public health emergency or its negative economic impacts, 2) to respond to workers performing essential work during the COVID-19 pandemic, 3) for the provision of government services to the extent of the reduction in revenue due to COVID-19, and 4) to make necessary investments in water, sewer or broadband infrastructure. Additionally, the ARPA rules specifically prohibited the deposit of any ARPA funds towards pension liabilities. Guidance released by the U.S. Treasury Department also prohibits making debt service payments or contributions to fiscal reserves. The U.S. Treasury Department further allowed that non-entitlement units like the City of San Marino were offered a Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
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standard allowance for revenue loss of up to $10 million to use the funds towards government services.

The use of ARPA funds is retroactive to March 3, 2021 and all funds must be obligated by December 31, 2024. The nearly four-year time period is designed to provide prolonged support and recovery with the understanding that the recovery from COVID- 19 will take years. Therefore, building a spending plan is important to maximize impact to the City.

Attachment 2 is Appendix 1 from the U.S. Treasury's Compliance and Reporting document and provides a list of all allowable funding categories within the four broader categories mentioned above. The City Council may allocate funding to any use that falls within these categories. Staff is proposing specific recommendations for the full ARPA funding received by the City that have not already been appropriated by the City Council.

DISCUSSION
From staff's perspective, there are various public goods that could be furthered through an investment totaling $3.1 million. Consistent with our long-held commitment to fiscal stability, which has helped keep a fiscally sound General Fund over the past 3 year during the COVID-19 pandemic, it is appropriate to consider the City's current and projected financial condition when considering how to utilize these one-time funds.

Consequently, the recommended appropriations outlined below have been prioritized to address the use of ARPA Funds to upgrade the HVAC systems at the various City facilities. ARPA Funds were also used to provide bonuses to full-time staff that worked through the pandemic as agreed upon as part of the approval of Memorandums of Understanding with the various employee unions. Additionally, ARPA Funds will cover expenses incurred by the General Fund during the pandemic related to operating the Emergency Operations Center, COVID-related PPE and provide sick leave to employees as mandated by the State of California. Furthermore, ARPA Funds will cover overtime costs in the Public Safety Fund in order to provide critical on-going services of our Fire and Police Departments.

Approved - Funds Budgeted: $709,400

1. Appropriated: $500,000 to upgrade Citywide HVAC Systems. This was previously approved as part of the FY2022-23 and FY2023-24 budgets to account 245-00-4600-1000. This expense is allowable under Expenditure Category 6.1 (Provision of Government Services).

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2. Appropriated: $209,400 for ARPA Bonuses to full-time staff who worked for the City from March 2020 through June 30, 2022 and still employed with the City on January 3, 2023. This was previously approved as part of the MOU Negotiations with various employee unions at the September 30, 2022 and October 12, 2022 City Council meetings to account 245-00-4001-0000. This expense is allowable under Expenditure Category 4.1 (Premium Pay of Public Sector Employees).

Recommended Appropriations - Funds to Transfer: $2,411,958

1. Appropriate: $520,911 as a Transfer from the American Rescue Plan Fund (Account 245-00-4900-0000) to the General Fund (Account 101-00-3800- 2190) as it relates to expenses incurred in FY2021-22 and FY2022-23 for items such as PPE, legal expenses related to vaccine mandates, supplies, EOC Operations salaries and COVID-19 Sick Leave that the City was required to provide by Federal and California laws. These expense are allowable under Expenditure Categories 1.5 (Personal Protective Equipment, 1.8 (Other COVID-19 Public Health Expenses), and 1.9 (Payroll Costs of Staff Responding to COVID-19).

2. Appropriate: $1,891,047 as a Transfer from the American Rescue Plan Fund (Account 245-00-4900-6840) to the Public Safety Fund (Account 103- 00-3800-2190) as it relates to overtime expenses incurred between July 1, 2021 through November 30, 2022 for the Police and Fire Departments. This expense is allowable under Expenditure Category 6.1 (Provision of Government Services).

The table below provides the breakdown of the ARPA funding:

Title Account #
F unds
Received
F unds
Budgeted
F unds to
transfer
American Rescue Plan Funds Received 245-00-3201-0000 $ 3,121,358 Citywide HVAC Upgrades 245-00-4600-1000 $ 500,000
ARPA Bonuses & Salary Related Expenses 245-00-4001-0000 $ 209,400 COVID-19 Operating Expenditures * (7/1/21-6/30/22) 245-00-4900-0000 $ 376,253 COVID-19 Operating Expenditures * (7/1/22-6/30/23) 245-00-4900-0000 $ 144,658 FD - Overtime Expenditures (7/1/21-6/30/22) 245-00-4900-6840 $ 857,342 PD - Overtime Expenditures (7/1/21-6/30/22) 245-00-4900-6840 $ 674,828 FD - Overtime Expenditures(7/1/22-11/30/22) 245-00-4900-6840 $ 178,545 PD - Overtime Expenditures (7/1/22-11/30/22) 245-00-4900-6840 $ 180,333 $3,121,358 $ 709,400 $ 2,411,958
* Expenses: PPE, Legal expenses, supplies, EOC Operations, COVID Sick Leave $ 520,911
$ 1,891,047
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The appropriations stated above do not impact funding available from FEMA as part of the COVID-19 State of Emergency disaster event. Staff submitted reimbursement claims of $119k in November 2022 with FEMA for costs incurred through June 2021 and will continue to submit claims for FEMA allowable costs. The reimbursement claim has not been received and is currently under review by FEMA.

FISCAL IMPACT & PROCUREMENT REVIEW
The ARPA funds have provided funding to help the City in its COVID-19 response and recovery, maintain needed services, and reinvest in the City's infrastructure. Appropriating funds as noted above will ensure that City remains solvent and continue to provide services as the pandemic is ongoing.

Procurement review is not applicable.

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

RECOMMENDATION
Staff recommends the Council approve the budget appropriations as noted in the staff report to appropriate funds from the American Rescue Plan Fund for costs that the City has already incurred or for projects that are on-going. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the budget appropriations as noted in the staff report to appropriate funds from the American Rescue Plan Fund for costs that the City has already incurred or for projects that are on-going.”

ATTACHMENTS

1. California Department of Finance Coronavirus Fiscal Recovery Fund Allocation for Cities

2. U.S. Department of Treasury Compliance and Reporting Appendix 1 PAGE 47 of 97
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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: John Incontro, Police Chief
DATE: September 29, 2023
SUBJECT: APPROVAL OF OFFICE OF TRAFFIC SAFETY (OTS) GRANT

AGREEMENT FOR SELECTIVE TRAFFIC ENFORCEMENT

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

BACKGROUND
The Police Department recently implemented a new motor officer program to increase safety and promote community engagement. In addition to our new motor officers, staff researched additional ways to improve the safety of motorists, bicyclists, and pedestrians in the City of San Marino. During our research, a representative from the Office of Traffic Safety (OTS) explained that there may be grant funding available to the City of San Marino to further engage in safety programs without the need for additional City funding. The Selective Traffic Enforcement Program (STEP) and Pedestrian and Bicycle Safety Program (PBSP) are two grants that staff supports for the City.

The Police Department regularly participates in local traffic safety operations.

During the operations, large numbers of officers are concentrated in one area of the City that has been impacted by accidents and other traffic hazards. Historically, it has been difficult to fund the larger operations because they require additional funding for staff and equipment. The STEP Grant provides agencies with funding to implement the larger events, as well as strategies and campaigns that reduce the number of persons killed and / or injured in crashes involving alcohol and other primary collision factors.

Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 62 of 97
As part of daily operations, the Police Department regularly participates in providing resources related to pedestrian and bicycle safety. The Department works with groups such as the School District to provide bicycle safety programs but also extra resources to the City’s youth who walk or ride their bicycles to school. The PBSP Grant provides agencies with funding to provide ongoing operations throughout the year.

DISCUSSION
The STEP Grant will provide the City with funding for a variety of safety strategies, such as impaired driving enforcement, enforcement operations focusing on primary collision factors, distracted driving, night-time seat belt enforcement, special operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. There is also a component of the grant that funds the cost of equipment, equipment calibration, bicycle helmets, and child safety seats for those in need.

The PBSP Grant will provide the City the ability to raise awareness about traffic rules, rights, and responsibilities whether you are driving, walking, or bicycling. Specifically, programs are designed for high-risk populations, including youth and older community members, all in an effort to teach safer driving, bicycling, and walking behaviors. Activities for youth include bicycle trainings, and walking courses to build skills that make children comfortable getting to and from school. The Police Department annually participates in two bicycle rodeos at the elementary schools and the Safe Route to School Walking School Bus at Carver Elementary School. These additional outreach efforts target underserved and older communities to identify safety issues and demonstrate best safety practices in real time.

By approving the STEP and PBSP Grant Agreements with OTS, the Police Department will receive funding to enable us to participate in several traffic safety campaigns.

FISCAL IMPACT & PROCUREMENT REVIEW
The two proposed grant agreements present no fiscal impact to the General Fund as these are reimbursement grants and any expenses incurred would be offset by funds from the grants. At this point in the grant process, OTS has tentatively approved the total amount of $83,040, pending final review and approval. The OTS grant period is from 10/1/2023 to 9/30/2024. The STEP Grant provides a total funding of $50,000. The PBSP Grant provides a total funding of $33,040. If the agreements are approved, the City Council would PAGE 63 of 97
appropriate $83,040 in FY 2023-24 to account 223-00-3201-5550 (OTS Grant) for funds received from the grants.

An appropriation for the corresponding expenditure accounts would also be added to the FY 2023-24 budget.

The Finance Director has reviewed this report and determined in writing that this agreement is in the best interest of the City.

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

RECOMMENDATION
Staff recommends City Council approve the agreements for OTS Grant Funding and authorize the Chief of Police and the Finance Director to enter into the agreements with the Office of Traffic Safety in an amount not to exceed $83,040 in the fiscal year ending June 30, 2024 and add $83,040 of estimated revenues and appropriate $83,040 of expenditures as noted in the Staff Report from the OTS Grant Fund. If the City Council concurs with staff’s PAGE 64 of 97
recommendation, an appropriate motion would be:
“I move to approve and authorize the Chief of Police and the Finance Director to enter into the agreements with the Office of Traffic Safety in an amount not to exceed $83,040 in the fiscal year ending June 30, 2024, and add $83,040 of estimated revenues and appropriate $83,040 of expenditures as noted in the Staff Report from the OTS Grant Fund.”

ATTACHMENTS

1. OTS Agreement PT24177

2. OTS Agreement PS24037
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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT24177

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
San Marino From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
San Marino Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $50,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Frank Calistro
Corporal
[email protected]
(626) 300-0720
2200 Huntington Drive
San Marino, CA 91108
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

John Incontro
Police Chief
[email protected]
(626) 300-0721
2200 Huntington Drive
San Marino, CA 91108
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Paul Chung
Finance Director
[email protected]
(626) 300-0708
2200 Huntington Drive
San Marino, CA 91108
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $50,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$50,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $50,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

QDM5CHK63KL3
2200 Huntington Drive
San Marino
91108-2639
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT24177

1. PROBLEM STATEMENT
The City of San Marino is comprised of approximately four square miles of suburban residences and mixedbusiness locations. The United States census data from 2022 estimated the population to be approximately 12,040 and the city continues to be proactive in the development of new businesses. San Marino is accessible from San Gabriel, Alhambra, Pasadena, South Pasadena, and the unincorporated communities of Los Angeles County. The entry and exit points of San Marino provide major thoroughfares to the aforementioned surrounding cities. San Marino is widely recognized for the Huntington Library and Lacy Park and as such, the San Marino Police Department forecasts the attraction of many more people to the city by way of car, motorcycle, bicycle and foot. Due to the increased interest in local attractions, the possibility for a person to violate a primary crash factor violation such as speeding, unsafe turning movements or failing to give the right-of-way also increases; therefore, increasing the number of fatal or injury related traffic crashes.

Contributing to the potential dangers identified are motorists driving under the influence of drugs and alcohol. As the new laws allow for the recreational use of marijuana and the sales of alcohol continue, the San Marino Police Department anticipates a rise in DUI related crashes.

The San Marino Police Department continues to investigate traffic crashes within the jurisdictional boundaries of the City of San Marino, which yielded to the cause of various primary crash factor (PCF) violations such as speed, red light, failure to obey posted signage / markings, and failure to yield for pedestrians. Even with the decrease of motorists on the road as many people transitioned to working from home, the data shows that there is still a high number of injuries related to traffic crashes. As such, in the year 2022, the San Marino Police Department responded to and investigated 55 injury crashes.

The San Marino Police Department investigated two vehicle vs. pedestrian traffic crashes in 2022 and four the year prior (2021). There were no fatal crashes in the last fiscal year but there were some fairly severe injuries incurred. There was an increase in vehicle vs. bicyclist injury traffic crashes totaling five for 2022 which increased from four in 2021. In 2022, the San Marino Police Department made 15 DUI arrests and 17 DUI arrests in 2021. Lastly, the San Marino Police Department investigated seven DUI traffic crashes in 2022, which showed a decrease from 2021 which involved eight DUI traffic crashes.

The San Marino Police Department is staffed to be able to meet the need for added traffic enforcement and patrols. Even after the pandemic, fatalities and traffic related injuries still pose a problem in San Marino. Reduced traffic has created an increase in speeds of drivers, creating a higher potential for fatal crashes.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

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17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1

7. Send law enforcement personnel to the DRE Recertification training. 1

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 9. Conduct DUI Saturation Patrol operation(s). 8

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
4 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
2 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 3 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Participate in highly visible collaborative DUI Enforcement operations. 2

16. Participate in highly visible collaborative Traffic Enforcement operations. 2

17. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) PAGE 69 of 97
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 The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at PAGE 70 of 97
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[email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24177

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$30,000.00
402PT-24 20.600 State and Community Highway
Safety
$20,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $5,550.00 2 $11,100.00
DUI Saturation Patrols 164AL-24 $1,655.00 8 $13,240.00
Collaborative DUI Enforcement 164AL-24 $1,120.00 2 $2,240.00 Benefits for 164AL OT @ 1.45% 164AL-24 $26,580.00 1 $385.00 Traffic Enforcement 402PT-24 $1,200.00 4 $4,800.00
Distracted Driving 402PT-24 $1,100.00 2 $2,200.00
Motorcycle Safety 402PT-24 $1,100.00 2 $2,200.00
Pedestrian and Bicycle Enforcement 402PT-24 $1,100.00 3 $3,300.00 Collaborative Traffic Enforcement 402PT-24 $1,075.00 2 $2,150.00 Traffic Safety Education 402PT-24 $560.00 2 $1,120.00
Benefits for 402PT OT @ 1.45% 402PT-24 $15,770.00 1 $229.00 Category Sub-Total $42,964.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $4,001.00 1 $4,001.00
$0.00
Category Sub-Total $4,001.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $3,035.00 1 $3,035.00
Category Sub-Total $3,035.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $50,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24177

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits for 164AL OT @ 1.45% - Medicare 1.45%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Benefits for 402PT OT @ 1.45% - Medicare 1.45%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24177
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. PAGE 76 of 97 8/22/2023 12:40:40 PM Page 12 of 16
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; PAGE 77 of 97
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or PAGE 78 of 97 8/22/2023 12:40:40 PM Page 14 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or PAGE 79 of 97 8/22/2023 12:40:40 PM Page 15 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PS24037

1. GRANT TITLE
Pedestrian and Bicycle Safety Program

2. NAME OF AGENCY 3. Grant Period
San Marino Police Department From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
San Marino Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $33,040.00

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Frank Calistro
Corporal
[email protected]
(626) 300-0720
2200 Huntington Drive
San Marino, CA 91108
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Paul Chung
Finance Director
[email protected]
(626) 300-0708
2200 Huntington Drive
San Marino, CA 91108
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $33,040.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $33,040.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

QDM5CHK63KL3
2200 Huntington Drive
San Marino
91108-2639
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PS24037

1. PROBLEM STATEMENT
The City of San Marino rests in the middle of Pasadena, Alhambra, Arcadia, and San Gabriel. This means San Marino roads are often a major thoroughfare for pedestrians, bicyclists, and motorists alike to reach their respective destinations. The City of San Marino is home to two commercial business districts with current growth both in business and housing. The level of pedestrian, bicycle, and motor traffic is also growing. With heavy traffic passing through San Marino, public safety is paramount.

The City of San Marino has approximately 9 schools with students from pre-kindergarten to high school seniors. Many of these students utilize bicycles, walking, and other means of transportation. This, coupled with Lacy Park and heavily trafficked residential streets, often leads to difficult bicycle and pedestrian travel in San Marino. Because of the heavy motorist traffic and large school population, the risk is predominant for drivers failing to yield to pedestrians crossing the roadway unsafely or bicyclists improperly riding their bikes.

According to the latest OTS Crash Rankings for 2020, San Marino ranks 7th highest out of 103 same size cities statewide for bicyclist-involved crashes, and 2nd highest for bicyclist-involved crashes for young cyclists under the age of 15.

The San Marino Police Department already hosts bicycle rodeos, annually, and a walking school bus, regularly. Often, our bicycle rodeos have the majority of students bicycling to and from school each day. This grant will focus on improving and promoting safety for all bicyclists and pedestrians by staffing overtime personnel to support various activities and workshops that will educate the public on the increased importance of traffic safety, including the use of active transportation safety equipment such as bicycle lights, reflectors, and helmets. There are active bicycle groups frequently using San Marino streets. This includes a large population of bicycle enthusiasts, summer youth groups, holiday events, and a bicycle store in San Marino. Given all of these groups, additional resources will be beneficial to further enhance the San Marino Police Department's efforts to protect the public.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of pedestrians killed under age 15 in traffic crashes.

6. Reduce the number of pedestrians injured under age 15 in traffic crashes.

7. Reduce the number of pedestrians killed over age 65 in traffic crashes.

8. Reduce the number of pedestrians injured over age 65 in traffic crashes.

9. Reduce the number of bicyclists killed in traffic crashes.

10. Reduce the number of bicyclists injured in traffic crashes.

11. Reduce the number of bicyclists under age 15 killed in traffic crashes.

12. Reduce the number of bicyclists under age 15 injured in traffic crashes.

13. Increase bicycle helmet usage.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate in traffic safety fairs and/or community events with an effort to reach individuals.
4 3. Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.
4 PAGE 84 of 97
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4. Conduct pedestrian and/or bicycle safety presentations with an effort to reach youth.
4 5. Distribute pedestrian/bicycle safety items at no cost to youth or community members in need, during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility.
1 6. Conduct Walking School Buses at schools with an effort to reach students. 11

7. Develop bicycle and pedestrian safety educational materials to be distributed during classroom presentations, workshops, and community events. 1 8. Conduct pre and post-grant activities bicycle helmet usage surveys during the months of October (start of the grant) and September (end of the grant). A presurvey will be required to determine the base year helmet use rate and a postsurvey will be required to determine the operational rate. Upload completed survey to GEMS.
2 9. Distribute and properly fit bicycle helmets at no cost to community members in need, at bicycle rodeos, schools, workshops, and community events. 75 10. Purchase bicycle helmets. 75

11. Conduct bicycle rodeos with an effort to reach youth. 2

3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  Develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.

Media Requirements
 Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event PAGE 85 of 97 9/11/2023 8:33:56 AM Page 5 of 16
highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary PAGE 86 of 97
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of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PS24037

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PS-24 20.600 State and Community Highway
Safety
$33,040.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
Traffic Safety Fairs and/or Community
Events
402PS-24 $1,120.00 4 $4,480.00
National and State Traffic Safety
Campaigns
402PS-24 $1,120.00 4 $4,480.00
Pedestrian and Bicycle Safety
Presentations
402PS-24 $560.00 4 $2,240.00
Walking School Buses 402PS-24 $700.00 11 $7,700.00
Helmet Usage Surveys 402PS-24 $1,120.00 2 $2,240.00
Bicycle Rodeos 402PS-24 $3,360.00 2 $6,720.00
Benefits - Overtime 402PS-24 $27,860.00 1 $404.00
Category Sub-Total $28,264.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
Bicycle Helmets 402PS-24 $15.00 75 $1,125.00
Pedestrian/Bicycle Safety Items 402PS-24 $3,000.00 1 $3,000.00 Educational Materials 402PS-24 $651.00 1 $651.00
Category Sub-Total $4,776.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $33,040.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PS24037

BUDGET NARRATIVE

PERSONNEL COSTS
Traffic Safety Fairs and/or Community Events - Overtime for grant-funded participation in traffic safety fairs and community events conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified.
$140 x 4 Hours x 2 Officers = $1,120 per Event
National and State Traffic Safety Campaigns - Overtime for grant-funded planning and participation in the following campaigns, National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.
$140 x 4 Hours x 2 Officers = $1,120 per Event
Pedestrian and Bicycle Safety Presentations - Overtime for grant-funded pedestrian and bicycle safety presentations conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified.
$140 x 2 Hours x 2 Officer = $560 per Event
Walking School Buses - Overtime for grant-funded walking school buses for local students conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified. $140 x 2.5 Hours x 2 Officers = $700 per Event
Helmet Usage Surveys - Overtime for grant-funded pre- and post-grant bicycle helmet usage surveys conducted by appropriate department personnel during the months of October (start of grant) and September (end of grant). A pre-survey will be required to determine the base year helmet use rate and a post-survey will be required to determine the operational rate. Upload completed survey to GEMS. Claim should reflect actual costs up to the rate specified.
$140 x 4 Hours x 2 Officers = $1,120 per Event
Bicycle Rodeos - Overtime for grant-funded bicycle rodeos for youth and adults conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified. $140 x 6 Hours x 4 Officers = $3,360 per Event
Benefits - Overtime - TOTAL BENEFIT RATE 1.45%
Medicare - 1.45%
Claim should reflect actual costs up to the rate specified.

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.

Pedestrian/Bicycle Safety Items - Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be purchased if approved by OTS.

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Educational Materials - Costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PS24037
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. PAGE 92 of 97 9/11/2023 8:33:56 AM Page 12 of 16
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

1. Abide by the terms of the statement;

1. Taking appropriate personnel action against such an employee, up to and including termination;

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or PAGE 94 of 97 9/11/2023 8:33:56 AM Page 14 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or PAGE 95 of 97 9/11/2023 8:33:56 AM Page 15 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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PAGE 97 of 97

San Marino City CouncilSeptember 29, 2023

San Marino City Council
September 29, 2023