San Marino City Council
October 11, 2023

management plan specific to their needs. For more information on the wildlife watch please visit https://wildlife.ca.gov/wildlife-watch.

The following are key wildlife coexistence topics on which the public should be educated.

2.1 Attractants
While wild animals’ attacks on humans are extremely rare, urban landscape development, intentional and unintentional feeding, pet-related incidents, and media attention have led some residents to fear certain kinds of wildlife in the San Gabriel Valley, namely coyotes and black bears. It is important to note the normal behaviors of certain wildlife, for example, attacks on free-roaming and unattended small pets are normal coyote behavior and do not necessarily indicate a danger for humans. Black bears will only come to urban areas when seeking food, so it is crucial to remove all possible food sources that may be accessible. So long as wildlife do not show signs of habituation and/or unprompted aggression, coexistence with wildlife is possible.

Coexistence refers to the ability to live with wild animals while maintaining their natural fear of humans.

It does not mean living with animals in a way that promotes or creates their habituation.

Habituation typically occurs when wild animals associate people/neighborhoods with resources, such as food, water, or shelter, and as a result, lose their natural fear of humans. These resources are often called attractants. Habituation happens over time, and it can be attributed to unintentional/intentional feeding and the lack of reaction when faced with a wild animal. Habituation is dangerous, as habituated animals are less predictable and more comfortable around humans. Luckily, animal behavior can be shaped by human behavior. Residents should do their best to remove all wildlife attractants from their neighborhoods and keep their yards well-maintained, signaling to wildlife that it is not advantageous to live in their neighborhood. They must also act appropriately when confronted with wildlife. For more information on responding during wildlife encounters, see Section 3 and Appendices A and B.

The following subsections detail attractants related to food, water, and shelter. Residents should do their best1to remove these attractants from their yards/neighborhoods:

Food
Urban areas provide a bounty of natural food choices for wildlife. It has been shown that wildlife will often forage on their natural food items even in an urban setting. However, human-associated food such as pet food, bird feed, unsecured compost or trash and fallen fruit in parks and yards, provide quick and easy access to calories, which result in wildlife favoring human food sources.

Intentional and unintentional feeding can lead wildlife to associate humans with sources of food, which can result in negative and aggressive interactions among wildlife, people, and pets. Unintentional feeding occurs when residents fail to remove potential food sources from their properties. 1 Residents living near black bears should be especially strict when removing wildlife attractants. Black bears have a keen sense of smell, with a radius of, at the very least, over one mile (National Parks Service, https://www.nps.gov/yose/blogs/Bear-Series-Part-One-A-Bears-Sense-of-Smell.htm).

To reduce food attractants in urban and suburban areas, residents should be educated to on the following Do’s and Don’ts:

Do…
● Maintain good housekeeping, such as regularly raking areas around bird feeders and trimming overgrown foliage.
● Harvest fruit off trees as soon as it is ripe, and promptly collect fruit that falls. ● Keep trash in high-quality containers with tight-fitting lids. ● Only place trash bins curbside during the morning of trash collection. If left out overnight, trash bins are more likely to be tipped over and broken into. ● Keep barbecue grills clean and stored in a garage or shed when not in use. ● Bring pets in at night and provide safe and secure quarters for livestock. ● Compost food waste in fully and properly secured bins. Residents near black bears will need bear-resistant compost containers.

Don’t…
● Hand-feed or feed cats, squirrels, peafowl, deer or any other wildlife or feral domestic animal– this will attract larger kinds of wildlife, like coyotes and bears, to your neighborhood. ● Feed pets outside. If feeding pets outside is necessary, remove the feeding bowl and any leftover food promptly.
● Toss food scraps out into the yard
In addition to the recommendations listed above, residents living within close proximity to bears should be advised to implement the following recommendations:
● Purchase and properly use a bear-resistant garbage container. ● If you must, hang bird feeders during November through March and make them inaccessible to bears by hanging them at least 10 feet from the ground and six feet from any climbable structure. ● Do not leave trash, groceries, or pet food in your car, as bears can smell these food sources and easily rip through cars to access them.
● Do not leave any scented products outside, even non-food items such as suntan lotion, insect repellent, soap or candles.

Water
Urban areas provide a year-round supply of water in the form of stormwater impoundments and channels, artificial lakes, irrigation, swimming pools, and pet water dishes, which support wildlife. In dry conditions, water can be as alluring as food. Residents should remove outdoor water bowls/cans, fix pipe leaks, and secure fountains, pools, and jacuzzis with covers.

Shelter
Parks, greenbelts, open spaces, sumps, golf courses, buildings, sheds, decks, and crawl spaces increase the amount and variability of cover for wildlife. These spaces allow them to safely and easily remain close to residents, pets, homes, and businesses without detection. Wildlife may take advantage of available spaces under sheds or decks for use as a den or lair, thereby bringing them into close contact with residents and pets. Residents should block access to crawl spaces, the underside of sheds/decks and porches, and any other well hidden area that can house wild animals.

Feral Domestic Animals (FDAs)
FDAs include animals such as peafowl, feral cats, domestic ducks and geese, and rock pigeons. For the purpose of this framework, FDAs will represent only peafowl and feral cats. FDA’s and residents’ relationships with them contribute to increased FDA populations and attract other kinds of wildlife. For more information on feral domestic animals, see Section 5.

Residents are encouraged to use the Yard Audit Checklist (Appendix C) as a tool to help recognize and remove attractants in their yards and neighborhoods.

2.2 Deterrents
In addition to removing attractants, residents are encouraged to use deterrents, especially in areas where wildlife is consistently present. Deterrents stop or discourage wildlife from engaging in unwanted behavior, for example, entering one’s yard or eating one’s plants. Wild animals can be deterred by light, sound, and/or scent. See Appendix B for additional deterrent examples.

Light
Wildlife typically do not like bright or flashing lights, especially at night. Use motion detection lighting, strobe lighting, and, during the holiday season, blinking holiday lights. If it is likely that an animal has made a den or lair in one’s yard, place a flashlight near its entrance at dusk when the animals have left, and leave it on throughout the night. This will encourage the animal to leave and make a home elsewhere.

Sound
Certain noises can be unsettling to wild animals. If feasible, use a radio on a talk-show station or connect any device with access to YouTube to a speaker and play one of the videos linked below. If an animal is already present in one’s yard/home, make loud, jarring noises, to encourage the animal to leave. This can be accomplished by banging pots and pans together, shaking a tin can full of coins, yelling, and honking a car or air horn. If the animal is a black bear, advise residents to move to a safe space in their home and try their best to make sure there is a clear exit path for the bear. If it is possible to make noise from that space, they may do so to encourage the bear to leave.

The following list includes links to sounds that may be used to deter wildlife:
● Small Crowd Talking Ambience
○ https://www.youtube.com/watch?v=IJQdnHT3MCA
● Small Crowd Chatter Sound Effect
○ https://www.youtube.com/watch?v=FvsR1GBJc8E
Scent
The scents of bleach and ammonia are offensive to most wildlife. Place bleach or ammonia soaked rags (never both–when combined, they produce fumes toxic to both humans and wildlife) near items that may attract wildlife, such as trash bins, or near potential den/lair spaces. You may also make a homemade spray by combining vinegar and ammonia in a clean spray bottle. Use a 50/50 solution of ammonia or vinegar with water. You may spray this mixture around the perimeter of your yard or along the fence of your property. It is recommended to use these deterrents once a week and replace/respray them after rainfall. Please note, these sprays are not intended to be sprayed on wildlife directly. For those living near

black bears, the scent of pine-based cleaners also serves as a deterrent, but avoid using anything with a fresh, lemony, or fruity smell.

2.3 Pet Protection
The most common wildlife threat to pets is the coyote. Coyotes may prey on pets, including, but not limited to, dogs, cats, chickens and other birds, and rabbits. Any pet left unprotected and unsupervised is vulnerable, especially in areas where coyotes are prevalent. Other kinds of wildlife in the San Gabriel Valley are generally wary of pets, but some animals may attack pets if they feel threatened. For example, a black bear defending her cubs may become aggressive toward a dog that provokes her cub. ● The best way to minimize risk to pets from apex predators (and the other dangers of outdoor life such as cars and disease) is to keep small pets indoors, only let them outside in a secured enclosure or when accompanied by a person (within six feet). ● It is important to either keep dogs on a leash that is six feet long or shorter when outdoors or to stay within six feet of them (if unleashed) when outside. Coyotes may view a dog on a leash longer than six feet as an unattended pet. Coyote attacks on free-roaming small cats or dogs are normal animal behavior and do not indicate a danger for humans. A free-roaming pet is considered as an unattended domestic pet outside of its enclosed yard or area. ● Although attacks on larger dogs are rare, apex predators may attack a large dog when they feel that their territory is threatened.

2.4 Laws & Ordinances
It is important residents are made aware of state and local laws/ordinances regarding wildlife and feral domestic animals. For more information on relevant laws/ordinances regarding wildlife in the San Gabriel Valley, see Section 5.

Section 3: Response & Reporting
A five-tier safety response plan has been developed by the SGVCOG to provide a mechanism for identifying and classifying different levels of human-wildlife interactions for member agencies. This response plan serves as a regional approach to identify different types of wildlife encounters and their frequency. Cities are encouraged to adapt and adjust SGVCOG’s response plan or develop a plan that is more suitable to the individual cities’ needs; however, levels of wildlife behavior and response actions should be consistent with SGVCOG’s response plan. Several cities in the San Gabriel Valley have already developed their own tiered reporting and response systems for human-coyote interactions, but the system proposed by the SGVCOG is the first to encompass all wildlife. In addition to the tiered wildlife response plan, the SGVCOG has included a separate response plan for black bear encounters, which require a slightly different, more tailored response. Appendix D showcases both of the SGVCOG’s response systems.

If a human is attacked or physically injured by a wild animal, cities and counties will work with the CDFW, which will be the lead investigating agency, to identify and remove the responsible animal if necessary. As a last resort, lethal removal will be considered if there is a public safety issue with a particular wild animal threatening residents. This will only be used after a thorough investigation and

correct identification of the offending animal. If there is an immediate public safety issue, such as a wild animal threatening residents in an area frequented by people, the local police department will respond.

Cities should encourage residents to report all wildlife encounters to CDFW through their Wildlife Incident Report (WIR) webpage at https://apps.wildlife.ca.gov/wir/incident/create. Residents can report sightings of, or encounters with, all kinds of wildlife, including black bears, bobcats, mountain lions, deer, racoons, skunks, and more. Reporting wildlife encounters helps both SGVCOG and CDFW to identify potential trouble areas where certain kinds of wildlife are frequently sighted, allowing them to focus resources where they are needed most.

Threatening wildlife behavior or animal bites/attacks on humans should be reported immediately to emergency services at 9-1-1. If a resident has been bitten or wounded by a wild animal, please direct the injured resident to seek immediate medical attention. All animal bites to humans are legally reportable in Los Angeles County except for rodent and rabbit bites. For more information, please visit the Los Angeles County Department of Public Health website at
http://publichealth.lacounty.gov/vet/biteintro.htm.

Section 4: Behavior Modification & Hazing
It is possible for wildlife to become too comfortable in the close proximity of residents, a process otherwise known as habituation. To safely coexist and prevent habituation, residents must modify their behavior to shape wildlife behavior. Habituated wildlife behavior needs to be reshaped to encourage wild animals to avoid contact with residents and pets.

Hazing, also known as “fear conditioning” or “scaring,” facilitates this change and is, by necessity, a community response to negative encounters with wildlife. It is most commonly used to prevent coyotes from becoming habituated. The more an individual animal is hazed, the more effective hazing is in changing animal behavior. Removing attractants contributes to this change as well, signaling to wildlife that there is no food, water, or shelter available to them, encouraging them to move to another area.

Hazing employs the immediate use of deterrents to move an animal out of an area or discourage undesirable behavior or activity. When hazing, it is recommended to utilize deterrents such as loud noises, water, bright lights, and projectiles. Other acts of hazing include waving arms to make oneself appear big, spraying water in the direction of animals, and shouting. Hazing can help maintain a wild animal’s fear of humans and discourage them from key areas in neighborhoods, such as backyards and play areas. Hazing is not always applicable or recommended in every encounter with wildlife. Please see Appendices A and B for additional details on when/how to haze, effective hazing strategies and other responses to implement when you see a certain wild animal.

Hazing is not intended to harm or damage animals, humans, or property, but to change the animal’s behavior. A wild animal, similar to a dog, will not know that the behavior it is engaging in is unwanted unless some type of message is sent and reinforced repeatedly. Behavioral change also involves human activities such as identifying and removing attractants and protecting pets responsibly. If a human sees a wild animal in an urban area and does not respond in any way, a message opposite of hazing is conveyed to the animal.

Goals of Hazing
It is not economically and ecologically efficient to eradicate wildlife from the urban ecosystem.

Hazing is part of a long-term plan to create safe and acceptable living situations and reduce human-wildlife conflict. The goals of hazing include:
● To reshape wildlife behavior to avoid human contact in an urban setting. Human behavior can shape animal behavior, in either a negative or positive manner. People living in close proximity to wildlife can remove attractants, identify potentially dangerous situations for their pets and themselves, and respond in a manner designed to change wildlife behavior, preventing habituation.
● To provide residents information and tools to actively engage in reshaping wildlife behavior and to support feeling safe in their parks and neighborhoods. This can be accomplished by teaching residents effective and appropriate hazing techniques. ● To model hazing behavior and share accurate information about wildlife among other residents, friends, and family.
● To monitor hazing to assess its effectiveness and determine if further action or more aggressive hazing is needed.
● To develop long-term community-based hazing programs.

Section 5: Feral-Domestic Animals
In addition to wild animals, feral domestic animals (FDAs) play a significant role in coexisting with wildlife. These animals include, but are not limited to, peafowl, feral cats, and rock pigeons. This framework will only discuss peafowl and feral cats when referring to FDAs. FDAs’ presence, and residents’ relationships with them, often attract other forms of wildlife to a neighborhood. When residents feed FDAs, they consequently feed wildlife as well. Leftover food from bowls set out for certain animals, and even the animals themselves, attract wildlife. For example, when a resident leaves a bowl of cat food out with the intent of feeding feral cats, they also feed surrounding opossums, racoons, and skunks, as well as the coyotes that prey on feral cats. Another common example occurs when residents feed deer and as a result, attract bears.

It is illegal to feed wildlife in the State of California, whether intentionally or unintentionally. Feeding FDAs often results in the unintentional feeding of wildlife. While it may be compelling to feed FDAs, it is harmful to them and surrounding wildlife. Human food is unhealthy for FDAs and wild animals, and feeding them can lead to malnourishment and/or death. Feeding results in an increased, unnatural population of FDAs and wild animals, increasing the likelihood of transmitting diseases to both people and other animals.

The same guidelines outlined for wildlife in sections 2.1 through 2.4 can be applied to FDAs. The following subsections will discuss any additional information related to FDAs. Figure 1 summarizes these guidelines, along with additional information regarding black bears and FDAs.

Figure 1–Summary of General Considerations for All Wildlife and FDAs with Additional Information on Select Animals
Feral Cats
Feral Cats are un-owned domestic cats that live outdoors with little to no human interaction. Although they might seem helpless, it is important that residents do not feed feral cats. Feeding feral cats can attract other wildlife and pests to that particular area where food sources are readily available.

Feral cats can sometimes be difficult to tell apart from stray cats. In contrast to feral cats, stray cats are cats that, at some point in their lives, lived indoors and socialized with humans. Adult feral cats have never socialized with people and cannot become indoor cats.

They do not approach humans and will move cautiously with their body crouched low to the ground and their tail down. They are constantly observing their surroundings.

Cities should refer residents to trap-neuter-release programs to help reduce feral cat populations. Trap-neuter-release programs involve humanely trapping feral cats and bringing them to a veterinarian's office to be spayed/neutered and sometimes vaccinated. The cats are then returned to their outdoor home. The San Gabriel Valley

Humane Society offers this service at a low cost. To participate, residents must contact the Humane Society for further instruction. Additional information is available on the Humane Society’s website at https://www.sgvhumane.org/trap-neuter-return-cat. A list of trap-neuter-release programs within Los Angeles County can be found at: http://www.spaycalifornia.org/feral/feral_losangeles.htm.

Peafowl
Residents might consider peafowl as wildlife, but they are actually FDAs. Peafowl are large birds known for their colorful feathers. Although they are beautiful, peafowl can become a nuisance to residents. Peafowl are capable of causing damage to cars, lawns, and the roofs of properties.

When landscaping, it is suggested to cover gardens with gravel or rocks to prevent peafowl from digging up plants to create loose soil for bathing purposes. It is also recommended that residents consider including plants that peafowl dislike in their yards. Table 2 lists plants that peafowl like and dislike. Cities should encourage residents to remove plants that peafowl like and replace them with plants they dislike.

Table 2–Plants Peafowl Like and Dislike
Plants Peafowl Like Plants Peafowl Disike
● Amaryllis
● Begonia
● Broccoli
● Brussel Sprout
● Cabbage
● California Poppy
● Cauliflower
● Chive
● Holly Berries
● Impatiens
● Kale
● Kohlrabi
● Lettuce
● Lettuce
● Nasturtium
● Pansy
● Petunia
● Primrose
● Stock
● Stock Cauliflower,
● Sweet Alyssum
● Tomato
● Water Stock
● Young Spinach
● Young Plants (any
variety)
● Agapanthus
● Azalea
● Baby’s Breath
● Bee Balm
● Bird of Paradise
● Blazing Star
Liatris
● Bougainvillea
● Butterfly Plant
● Cactus
● Camellia
● Cannas
● Clivia
● Columbine
● Coneflower
● Ferns
● Fuchsia
● Gaillardia
● Gardenia
● Geranium
● Giant Columbine
● Gladiola
● Gloriosa Daisy
● Hen & Chicken
● Hibiscus
● Hardy Lavender
● Hostas
● Iris
● Ivy
● Lantana
● Lavender
● Marigold
● Mint
● Mum
● Oleander
● Painted Daisy
● Periwinkle
● Peonies
● Phlox
● Pink Lady
● Plumbago
● Poinsettia
● Pyracantha
● Rhododendron
● Rose
● Shasta Daisy
● Snapdragon
● Sunburst
Coreopsis
● Weigela

Cities can establish their own peafowl management plans that go beyond attractant removal and deterrent implementation. Because peafowl are FDAs and not considered wildlife, cities can implement their own peafowl trap and relocation programs. The cities of La Cañada Flintridge and Rancho Palos Verdes both have established peafowl management plans that involve the trapping and relocating of peafowl (Appendix J). In both plans, the goal is to maintain peafowl populations below a sustainable census. Once peafowl populations exceed this census, cities are responsible for the trapping and relocation of peafowl.

This can be accomplished by hiring a licensed trapper, who will identify new homes for the trapped peafowl.

Section 6: Relevant Laws
California law prohibits feeding, breeding, and sheltering wildlife (including rodents) and local police departments are obligated to enforce applicable state statutes pertaining to this activity. Cities and counties are encouraged to adopt ordinances that further discourage residents from feeding wildlife.

Please see Appendix F for sample ordinances prohibiting the feeding of wildlife from the Cities of Azusa and Davis, California.

Additionally, California law prohibits the trapping and relocation of nongame mammals. Trapped nongame mammals must either be killed immediately or released.

California and Los Angeles County codes regarding feeding and trapping wildlife are listed below. Please see Appendix G to view the codes in their entirety.
● California Code of Regulations Title 14. Section 251.1. Harassment of Animals ● California Code of Regulations Title 14. Section 465.5(G)(1) Use of Traps/Immediate Dispatch or Release
● Los Angeles County Code Title 10. Sections 10.84.010-10.84.020. Providing Food For Certain Rodents or Predator Animals Prohibited

APPENDIX A: HAZING AND OTHER GENERAL CONSIDERATIONS FOR WILDLIFE

ENCOUNTERS
Human behavior can shape animal behavior in either a negative or positive manner. Residents living in close proximity to wildlife should remove attractants, identify potentially dangerous situations for their pets and themselves, and respond in a manner designed to change wildlife behavior.

Successful hazing requires community involvement, understanding, and support. Residents should be equipped with tools and knowledge to respond consistently in their own neighborhoods, parks, and open spaces. Levels of hazing need to be appropriately relevant to the wild animal’s activity, for example, wildlife may be more prevalent during morning, evening, and nighttime hours, when less humans are out.

In most cases, this is normal behavior, and hazing may not be necessary in this situation.

The following bullets outline key components of hazing wildlife:
● Hazing is a process whereby individuals make an animal uncomfortable so that the animal chooses to leave a situation where their presence is unwanted. ● Basic hazing consists of residents standing their ground, never ignoring or turning their backs on an animal, and yelling and making unpleasant and frightening noises until the animal chooses to leave.
● Once the act of hazing begins, it must continue until the animal leaves the vicinity. Otherwise, the animal will learn to wait until the person gives up. Not following through with hazing will create an animal more resistant to hazing instead of reinforcing the image that humans should be avoided.
● Do not haze injured animals. An injured animal becomes less predictable versus a normal, healthy one who responds in a consistent and predictable manner to hazing. ● Hazing should allow the animal to return to its normal habitat in a direction that would minimize harm to the animal. Hazing the animal in the direction of other houses and busy streets should be avoided.
● Hazing uses a variety of different hazing tools. This is critical as animals can become accustomed to individual items and sounds. The following items are often used to haze animals:
○ Noisemakers: Voice, whistles, air horns, bells, “shaker” cans, pots, pie pans ○ Projectiles: Sticks, small rocks, cans, tennis balls, rubber balls ○ Deterrents: Hoses, spray bottles with vinegar, pepper spray, bear repellent, walking sticks, ammonia soaked rags
Animal harassment and abuse is illegal and not a form of hazing. Hazing should never injure an animal. The following subsections further detail how residents should respond during certain wildlife encounters:

Coyotes
In most cases, it is recommended to implement the hazing techniques listed below when faced with a coyote in an urban area.

Sometimes, it is necessary to use more aggressive hazing toward coyotes that show signs of habituation. In this situation, approach the coyote quickly and aggressively, waving arms, throwing projectiles in the direction of (but not at) the animal, or spraying water with a hose or water gun. All of these techniques are used to reinforce a coyotes’ natural fear of humans, encouraging the coyote to leave the vicinity. Unprompted hazing may not be necessary during late night encounters with coyotes, as they are often out when humans are not present. The following is a list of tips and other considerations regarding hazing coyotes:
● Hazing must be more exaggerated, aggressive, and consistent when first beginning a program of hazing. As coyotes “learn” appropriate responses to hazing, it will take less effort from hazers.

Early in the process, it is extremely common for coyotes not to respond to hazing techniques. Without a history of hazing, they do not have the relevant context to respond to the desired outcome, which is for them to leave the vicinity. ● Techniques and tools can be used in the same manner for one or multiple coyotes. Usually there is a dominant coyote in a group who will respond - others will follow its lead. Residents should not ignore, turn their backs, or avoid hazing because there are multiple coyotes instead of a single individual coyote.
● The more often an individual coyote is hazed by a variety of tools and techniques and a variety of residents, the more effective hazing will be in changing that animal’s future behavior. ● Hazing must be directly associated with the person involved in the hazing actions. The coyote must be aware of where the potential threat is coming from and identify the person. ● Coyotes can and do recognize individual residents and animals in their territories. They can learn to avoid or harass specific individuals in response to behavior of the person and/or pet. ● Coyotes can be routine in their habits. Identifying their normal habits can help target which habits to change. For example, the coyote patrols the same bike path at the same time in the morning three to five days a week. Hazers should concentrate on that time and place to encourage the animal to adapt its routine to decrease contact with residents. ● Certain levels of hazing must always be maintained so that future generations of coyotes do not learn or return to unacceptable habits related to habituation to residents. ● Human behavior must change to support hazing and continued identification and removal of possible attractants.
● Education about exclusion techniques including how to identify and remove attractants, personal responsibility in pet safety, and having reasonable expectations are critical parts of a coyote hazing plan.
● Coyotes are skittish by nature. Habituated behavior is learned and reinforced by human behavior.

As a rule, coyotes do not act aggressively towards aggressive people. The one exception is a sick or injured animal. Engaging a sick or injured animal can result in unpredictable behavior. If

this is suspected, residents should not engage and instead remove themselves from the situation, then immediately contact the local police department.
● Individuals involved in hazing need to be trained in explaining hazing to residents who witness the process. They also need to explain the difference between hazing and harassment of wildlife and goals of appropriate behavior for coexistence.

Black Bears
Black bears are generally timid animals; they will seek to avoid confrontation with humans. The black bears’ presence in urban areas has increased over time, as they’ve come to realize urbanized spaces offer an abundance of resources. Because of this, it is very important to remove all attractants from one’s yard/neighborhood. For a detailed list of possible attractants, see section 2.a.

It is useful for residents to understand the difference between normal and habituated black bear behavior. That way, when confronted with a black bear in their neighborhood, they will know how to respond. Normal black bear behavior includes spending most of its time foraging or walking around in search of food, water, and other resources. Black bears, especially cubs, will sometimes vocalize or climb trees. If a black bear is in a tree, do not stand below it or otherwise make the bear feel trapped. Instead, leave the bear alone so that it feels safe to climb back down and leave the area. In the event that a black bear exhibiting normal behavior is found in a neighborhood, residents should remove all attractants and stay out of the bear’s path.

On the other hand, a habituated bear shows little to no overt reaction to people as a result of being repeatedly exposed to anthropogenic stimuli without substantial consequences. A bear is likely habituated if it does not respond to people’s attempts to shoo the bear away (yelling and making other loud noises) and/or is causing damage to vehicles or structures. Residents who have experienced property damage can request a depredation permit to lethally remove the bear causing damage.

A Depredation Permit is a legal document obtained by a homeowner or tenant from CDFW that enables residents to address (within the bounds of the permit) a predator that has caused property damage, or has injured or killed livestock, poultry, or pets. A CDFW biologist will assess the situation before providing a depredation permit. Picture/video evidence of the animal’s behavior is not required but is extremely helpful in determining the necessity of a depredation permit. Once a depredation permit is issued, residents are responsible for hiring a licensed agency to address the situation as allowed by the permit.

CDFW will only remove black bears in extreme cases. This can be a lengthy process as the bear will need to be trapped, and CDFW will need to confirm it is the bear causing the issues. CDFW will try to find a suitable habitat for the bear. Because this is difficult to accomplish, “removal” often means humane euthanasia. An intense discussion with CDFW, the city, and federal partners will need to take place in order to make the decision regarding the bear. Table 2 summarizes the differences between normal and habituated black bear behavior.

Table A-1–Normal vs. Habituated Black Bear Behavior
Normal Black Bear Behavior Habituated Black Bear Behavior ● Foraging/walking in search of food/water
(even in foothill communities)
● Climbing trees (especially cubs)
● Vocalizing
● Little to no reaction toward humans’
attempts at shooing the bear away
● Damaging vehicles/structures and other
property
Please remember the following tips provided by the CDFW when faced with a black bear… In/near your home:
● If a bear breaks into your home, do not confront the bear. Instead, provide an escape route and do not block exit points. If the bear cannot find its way out, hide in a safe space and call 911. ● If you encounter a bear in your yard, chances are it will move on if there is nothing for the bear to forage. It is recommended that residents first remain indoors and wait for the bear to leave on its own. If the bear does not leave after some time, you can encourage the bear to leave by using noise makers or blowing a whistle within your home.
● If the bear is accompanied by its cubs, keep your distance and allow them to pass through. If you are inside and see a bear with its cubs in your yard, remain inside, as the bear may be more inclined to protect its cubs.

On a hike or in a remote area:
● If the black bear does not see you, back away slowly and increase your distance. Clap hands or make noise so the bear knows you are there and will move on. ● If the black bear sees you, do not make eye contact. Slowly back away. Do NOT run. Let the bear know you are not a threat. Give it a way out.
● Carry and know how to use bear spray as a deterrent. In the event of a black bear attack, it is usually recommended to fight back. However, each situation is different. Prevention is the key.

General considerations regarding black bears:
● If a black bear approaches you, make yourself look big by lifting and waving your arms. Use noisemakers, or yell at the bear. If small children are present, keep them close to you. ● Female black bears will often send cubs up a tree and leave the area in response to a perceived threat. Do not remain in the area – when you leave, she will come back for her cubs. ● Black bear attacks are rare in California and typically are defensive in nature because the bear is surprised or defending cubs; however, bears accustomed to people may become too bold and act aggressively.
● In the very rare situation that a bear does attack you, fight back and do NOT play dead.

Once the bear leaves, residents should remove whatever attracted the bear to the area and any other attractants. For additional information on the CDFW’s response, methods, and decision-making process in managing human/bear conflicts in California, please see their updated black bear policy at:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=198982&inline. The purpose of the CDFW’s black

bear policy is to provide guidance to staff and the public on how human/bear categories will be handled through their department.

Mountain Lions (also known as Pumas or Cougars)
While it is unlikely, it is possible to encounter a mountain lion, especially during hikes in/near the San Gabriel Mountains. Mountain lions are rather recluse and are wary of humans, making human encounters with them especially rare. If a resident does encounter a mountain lion, they should be educated to:
● Immediately pick up children and/or small pets.
● Make themselves appear larger by standing close to other people, opening jackets/other layers of clothing, and raising their arms (waving them slowly). ● Make noise by yelling, banging a walking stick/water bottle, and speaking slowly and loudly. ● Maintain eye contact.
● Never run away, turn their back, crouch down, or bend over. ● Slowly create distance and allow the mountain lion a route to escape.

To avoid attracting mountain lions, residents should never feed or otherwise attract deer, a mountain lion’s prey.

Bobcats
Bobcats are medium-sized members of the wild cat family and are often mistaken for other cat species.One easy way to distinguish bobcats is by their size. They are only
one-quarter to less than one-half the size of a mountain lion.

They are generally two to three times larger than a housecat and more muscular and full in the body. Their tails are significantly shorter than the tails of mountain lions and most domestic cats. A bobcat's diet consists of rabbits, robdents, rats, raccoons, deer fawns and birds. They also consume plants like grass and fruit. Bobcats have always been around but are rather recluse and are known to be very shy, elusive and avoidant. When encountering a bobcat, it is important to:
● Back away slowly and deliberately from the bobcat, creating as much distance as possible. ● Never turn your back on the bobcat.
● Never run away, as that can provoke the bobcat into instinctively pursuing you. ● If you have water, throw or spray it at the bobcat, as they dislike water ● Never approach or attempt to handle a bobcat
Figure 1 details key differences between identifying bobcats, mountain lions, and feral/domestic house cats.

Figure A-1–Key Differences When Identifying Bobcats, Mountain Lions, and House Cats Deer
Whether on a hike or in one’s front yard, deer can be
spotted throughout the San Gabriel Valley. Just as with any wild animal, it is important to maintain a safe distance when spotting a deer. Deer are naturally afraid of humans, and they will typically leave at the sight of one. While it is possible for deer to become aggressive and/or violent, it is unlikely that residents will experience this behavior. Be wary of deer that start to stomp or scrape the ground with their hooves and lower their heads, as this behavior
indicates potential aggression. Never challenge the deer.

Instead, slowly back away while looking downward. If deer are frequently spotted near one’s property, consider installing motion detection lights to deter them (and most other wild animals) from entering the yard.

While it may not be common in the San Gabriel Valley, residents should understand that it is possible to run into a deer while driving. The best way to avoid hitting a deer on the road is by:
● Slowing down on roads with deer crossing warning signs ● Being alert especially at dawn and dusk
If one sees a deer in the road, they should brake firmly and calmly, stay in their lane, and honk loudly.

Swerving could make one lose control of their vehicle. If one does hit a deer, they should immediately turn on their hazard lights and move their vehicle to a safe location. The collision should then be reported to local law enforcement or state police. If someone is injured, they should immediately contact emergency services.

Deer can often serve as pests to those trying to cultivate a garden. To deter deer from any yard or garden, residents should consider planting deer resistant plants. These plants include agave, cacti, wild lilac, gazania, African daisy, bamboo, tree mallow, lion’s tail, oregano, rosemary, yucca, thyme, and scaevola.

Residents should always remember to pick up any fallen fruit from trees to avoid attracting deer and other wildlife.

Finally, never intentionally feed deer. Not only is feeding wildlife illegal, but feeding deer is considered baiting big game, which is prohibited by California Mammal Hunting Regulation 251.6 the state of California. Additionally, feeding deer can attract mountain lions to an area, as deer are a mountain lion’s natural prey. Deer are also hosts to ticks, which can carry and transmit diseases such as Lyme disease, making feeding deer dangerous to both humans and deer.

Skunks, Opossums, Raccoons
Skunks, opossums, and raccoons (pictured left to right) can be a nuisance in communities. They are often found in yards and can cause damage to gardens. Like any wild animal in an urban setting, they seek any source of food, water, and shelter.

Skunks are small, furry, black animals with two thick white stripes along their backs. They are most active during the nighttime. It is best to avoid a skunk during an encounter. If it is first seen at a distance and hasn't sensed the human’s presence, slowly and quietly back away. Skunks are generally not aggressive unless they feel threatened. A skunk that feels startled or afraid will signal that it plans to spray by raising its tail, standing on its hind legs, or stomping its feet on the ground.

Opossums resemble large rats, with white and black fur, a big jaw, beady eyes, and a hairless tail. They are commonly found in people’s yards and streets. They are slow moving animals. When they feel threatened, opossums display their teeth, growl, drool, and sometimes play “dead.” Raccoons are medium-sized mammals often distinguished by their fox-like face with a black mask.

Raccoons are nocturnal animals and can become aggressive when provoked. If threatened, raccoons will attack using their claws and teeth. If a raccoon approaches too closely, one should make themself appear larger by standing up, shouting, and waving their arms. If it continues to approach, spray water or throw projectiles in the raccoon’s direction, if needed.

Additional detailed information on skunk, opossum, and raccoon management can be found on the University of California’s Integrated Pest Management Program website, http://ipm.ucanr.edu/PMG/menu.house.html#VERT.

Rattlesnakes
Rattlesnakes are found in a variety of habitats throughout California, including urban spaces, riverbanks, hiking trails, lakeside parks, golf courses, and open fields. They may be found around homes and yards in brushy areas and under
wood piles. Rattlesnakes are generally not aggressive, but they will bite if they feel threatened or when handled
incorrectly. They may react aggressively and quickly when accidentally startled. It is important to take precaution when passing through an area that may have rattlesnakes,
especially during the spring and summer–the seasons when rattlesnakes are more likely to be present. During especially hot seasons, rattlesnakes are more likely to be spotted during dusk and dawn, avoiding the hottest hours of the day to prevent them from overheating. During the fall and winter, rattlesnakes are more likely to be spotted during mid-morning, as they increase their body temperature by laying in the sun.

Please consider the following measures to reduce the likelihood of encountering a rattlesnake:
● Always be alert! Startled rattlesnakes may not rattle before they bite. ● When walking through bushy or wild areas, wear sturdy boots and loose fitted pants. ● When hiking, go through well-used trails only, and always go with someone in case an emergency situation arises. Carry a cell phone at all times.
● Teach children to leave snakes alone and to not play outdoors while barefoot. ● Keep pets on leashes when hiking, and speak to your veterinarian on measures to take if your pets are bitten by a snake
Rattlesnakes are venomous, so it is important to seek medical attention immediately after a rattlesnake bite. If you or someone nearby is bitten by a rattlesnake, remember the following:
● Stay calm and act quickly.
● Remove all watches and rings to avoid swelling.
● Do not use your mouth to “suck the venom out”.
● Do not apply a tourniquet.
● Do not ice the bite area.
● Do not cut the wound with a knife or razor.
● Go to the nearest emergency room, and seek medical attention.

If rattlesnakes are a recurring issue in one’s yard, it is advisable to install a “snake-proof” fence in compliance with local municipal code. The fence should be at least three feet high with a few inches into the ground. It can be solid or mesh, but the mesh should be no larger than one-quarter inch.

Tree Squirrels
Tree squirrels are most active during the day and oftentimes spotted in trees or running on utility lines.

They search for food wherever they may find it, including in residents’ homes and yards. Squirrels are capable of chewing into wooden buildings and sneaking into attics. Their diet consists of a variety of

foods such as seeds, pine, nuts, insects, and bird eggs. If squirrels become an issue, the following are steps to minimize their presence near one’s property:
● Remove any bird feeders on trees or with easy access to squirrels.
● Never leave pet food outdoors.
● Make sure your outdoor trash cans are property sealed. ● If there are fruit, seed, or nut bearing trees, rake up any that fall to the ground.
● Prune off tree branches to avoid squirrels from leaping from one branch to another.
● Ensure that trees around the home are always trimmed to prevent squirrels from jumping on to the roof.

APPENDIX B: PRACTICAL HAZING/DETERRENT TOOLS AND METHODS The following tools and descriptions are listed as written by Cassidy English, District Wildlife Manager for Colorado Parks and Wildlife.

Rattle Cans: An aluminum can that is filled one-quarter with gravel. These work great for bears. When you see a bear, shake the can and yell at it. If necessary, you can throw the can toward the bear. This method can also be done from inside your house. If a bear is in your yard, all you have to do is open a window or a door a tiny bit and shake the can. Try it with deer, mountain lions and coyotes, too.

Pots and Pans: It’s time to be a little kid again and make as much noise as possible. Banging pots and pans can be a great way to tell wildlife they are not welcome in your yard. It can even work for birds, such as herons snacking on your pond fish or woodpeckers drumming in your house. It doesn’t have to be pots and pan, just use anything that makes a lot of noise.

Yelling/Making Yourself Look Big: Yelling and making yourself look big can show wildlife that people are frightening and shouldn’t be approached.

Air Horns/Car Alarms: Any sudden, very loud noise can get wildlife away from your yard. A deer walks into your yard to eat your favorite flowers, blast an air horn. Car alarms can work for less habituated animals. In the city, they may be used to car alarms going off at all hours. It is worth a try, especially if the situation allows for the element of surprise.

Bleach/Ammonia: If you have small animals such as foxes, skunks or raccoons getting into sheds or under porches you can soak a washcloth or rags in bleach or ammonia, put them in a plastic sandwich bag with several holes poked in it. Place the bag at the entrance to the area. They hate the smell and will avoid the area.

Bird-Nesting Boxes: If you have a bird trying to nest in an inconvenient place, try putting up a nest box nearby. This will provide them with a location other than in your house to build a nest. There are plenty of different dimensions of nest boxes that will work for various species.

Streamers, Owl Statues, Kites: Putting aluminum colored streamers, owl statues, or flying a hawkshaped kite can deter birds from coming into your yard.

APPENDIX C: WILDLIFE YARD AUDIT
To download the pdf version of the following yard audit, use the link below:
https://drive.google.com/file/d/1u98a0jtXb7oajOJcVk-LXZgi8kZTU6mk/view?usp=sharing.

APPENDIX D: WILDLIFE SAFETY RESPONSE PLAN TEMPLATE
This showcases the SGVCOG’s recommended five-tier wildlife response plan. As mentioned previously, cities and agencies are encouraged to modify SGVCOG’s response plan to cater to the needs of their own communities; however, the levels of wildlife behavior and response actions should be consistent with SGVCOG’s response plan. Please note that this response plan applies to wild animals, with the exclusion of black bears. You may find the Black Bear Safety Response plan on the following page (Appendix E).

It is important that residents understand their first contact in an emergency situation should be emergency services, for example, calling 9-1-1.

ANIMAL BEHAVIOR RESPONSE LEVEL RESPONSES
Wild animal heard or seen
resting or moving in public area
Level 1 Report will be reviewed, and if appropriate,
a response will be provided by e-mail or
phone. The City/Agency would direct
residents to available resources on normal
animal behavior.

Wild animal seen resting in
public area with humans present
Level 2 The City/Agency provides resources for the
resident to be educated on hazing
techniques and/or what-to-do tips.

Additionally, the City would encourage the
local community to eliminate wildlife
attractants.

Wild animal entering a yard to a
home with or without pets
present
Level 2 The City/Agency provides information for
the household to be educated on wildlife
attractants, yard audit implementation,
human-wildlife conflict mitigation, hazing
techniques, and/or pet safety information (if
applicable).

Wild animal entering a yard and
injuring or killing attended or
unattended pet
Level 3 The City/Agency gathers information on
specific animals involved, reports on
circumstances, and provides information for
the household to be educated on wildlife
attractants, yard audits, and pet safety
information. If needed, the City/Agency
directs resident to their respective animal
care agency.

Wild animal biting or injuring
an unattended pet/pet on a leash
Level 3 The City/Agency gathers information on
specific animals involved, reports on
circumstances, and provides information for
the household to be educated on wildlife
attractants, yard audits, and pet safety
information. If needed, the City/Agency
directs resident to their respective animal
care agency.

Wild animal following or
approaching a person and pet
Level 3 The City/Agency provides information for
the resident to be educated on hazing
techniques, what-to-do tips,
yard/neighborhood audits, and pet safety
information. Additionally, the City/Agency
will work with the residents to eliminate
wildlife attractants in the area.

Wild animal following or
approaching a person without a
pet
Level 4 The City/Agency provides information for
the resident to be educated on hazing
techniques, what-to-do tips,
yard/neighborhood audits, and pet safety
information. Additionally, the City/Agency
will work with residents and local groups to
eliminate wildlife attractants in the area.

Wild animal biting or injuring a
human
Level 5 The City/Agency informs CDFW and
Wildlife. Residents will receive educational
materials on wild animal attractants, yard or
neighborhood audits, hazing, and pet safety.

Additionally, the City/Agency would work
with the respective Humane Society, the
County of Los Angeles, CDFW, elected
officials, and its neighboring cities to send
out mailers, partner with external
stakeholders to host trainings and
workshops, conduct a community
meeting/town hall, and encourage the cities
in the subregion to work with community
groups to eliminate wildlife attractants.

Exhibit A
PAGE 244 of 294
APPENDIX E: BLACK BEAR SAFETY RESPONSE PLAN TEMPLATE
This showcases the SGVCOG’s recommended 4-tier black bear response plan. As mentioned previously, cities are encouraged to modify SGVCOG’s response plan to cater to the needs of their own communities; however, the response actions must be in accordance with California policy and CDFW.

It is important that residents understand their first contact in an emergency situation should be emergency services, for example, calling 9-1-1.

Black Bear Behavior Response Level Response
Black bear sighted engaging in
natural behavior. Such behavior
includes but is not limited to
wandering through neighborhood
streets and yards in search of
food, swimming/drinking pool
water, vocalizing, and climbing
trees (this behavior is usually
exhibited by cubs).

Level 1 Report is reviewed, and a response
is provided by e-mail or phone. The
City/Agency provides information
on normal black bear behavior and
what to do during a black bear
encounter. The City/Agency helps
the reporter identify potential
attractants, ensuring that they are
removed as soon as possible.

Black bear sighted and causing a
“nuisance.” Such behavior
includes but is not limited to
rummaging through trash,
conflict with outdoor pets, and
lingering in neighborhood2.

Level 2 The City/Agency executes the
response outlined for a Level 1
situation. If the sighting takes place
in a city where bear sightings have
not historically been reported, the
City/Agency will alert nearby
residents of the bear’s presence. If
nearby residents are part of the
Wildlife Watch program,
participants should help canvas the
neighborhood for bear attractants.

Black bear sighted and causing
property damage to structures,
vehicles, landscaping, etc.

Level 3 The City/Agency executes the
response outlined for a Level 2
situation. In addition, residents can
request an investigation for a
potential depredation permit3from
CDFW.
(continued on following page)
3 A Depredation Permit is a legal document obtained by a homeowner or tenant from CDFW that enables residents to address (within the bounds of the permit) a predator that has caused property damage, or has injured or killed livestock, poultry, or pets. A CDFW biologist will assess the situation before providing a depredation permit.

Picture/video evidence of the animal’s behavior is not required but is extremely helpful in determining the necessity of a depredation permit. Once a depredation permit is issued, residents are responsible for hiring a licensed agency to address the situation as allowed by the permit.
2 This is relative to what is typical for the city/the resident’s community. For example, communities that are within close proximity to natural areas, such as foothill communities near the San Gabriel Mountains, can expect bears to be spotted more frequently and for longer periods of time.

Black Bear Behavior Response Level Response
Black bear engages in physical
contact with a human (bite or
scratch).

Level 4 The City/Agency executes the
response outlined for a Level 3
situation. In addition, CDFW and
local law enforcement collaborate
to collect DNA evidence and
euthanize bear responsible.

APPENDIX F: SAMPLE ORDINANCES TO PROHIBIT THE FEEDING OF WILDLIFE

ORDINANCE FOR THE CITY OF DAVIS, CALIFORNIA
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DAVIS ADDING ARTICLE 5.05 TO CHAPTER 5 OF THE DAVIS MUNICIPAL CODE TO PROHIBIT THE FEEDING OF

CERTAIN WILDLIFE
WHEREAS, the City of Davis (“City”) is a city organized under the laws of the State of California, with a duty and interest in protecting the public health, safety and welfare within the City; and WHEREAS, the feeding of wildlife can lead to negative impacts on animals, people and the environment; and
WHEREAS, feeding wildlife can lead to aggressive behavior towards humans, which presents health and safety concerns for residents and visitors of the City; and WHEREAS, feeding wildlife can artificially support the growth and carrying capacity of urban wildlife populations, compromising wildlife health and increasing human exposure to and conflict with wildlife; and
WHEREAS, feeding wildlife can cause certain species to localize activity in the vicinity of the food source, thus increasing associated negative impacts on property owners and/ or individuals within those neighborhoods; and
WHEREAS, Section 251.1 of Title 14 of the California Code of Regulations prohibits the harassment of any game or nongame bird or mammal or fur bearing mammal, expressly including intentional acts such as feeding that disrupt the animal’s natural foraging behavior; and WHEREAS, an ordinance prohibiting the intentional and negligent feeding of certain types of wildlife, as defined, and further specifying types of permissible and prohibited conduct regarding interaction with wildlife in the City, is consistent with the City’s long-standing commitment to protect and conserve biological resources and public safety.

NOW, THEREFORE, the City Council of the City of Davis does ordain as follows:

SECTION 1. Recitals. The City Council hereby adopts the recitals of this Ordinance as true and correct and such recitals are hereby incorporated by reference as though fully set forth in the text of this Ordinance.

SECTION 2. Amendment. Chapter 5 (“Animals and Fowl”) of the City of Davis Municipal Code is hereby amended to add Article 5.05, to read in full as set forth in the attached Exhibit “A”, incorporated by this reference.

SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in the physical change to the environment, directly or indirectly.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

SECTION 5. Publishing. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same or a summary thereof to be published as required by law.

SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its final passage and adoption.

INTRODUCED on the ____ day of _____________________, 2018 and PASSED AND ADOPTED by the City Council of the City of Davis on the ____ day of ______________, 2018 by the following vote:

EXHIBIT “A”
CHAPTER 5, ANIMALS AND FOWL
ARTICLE 5.05, FEEDING OF CERTAIN WILDLIFE

5.05.010 Purpose
Feeding of wildlife is both detrimental to wildlife health and causes a public health nuisance and safety hazard that negatively impacts public health and welfare.

This article is intended to prohibit, with exceptions, the feeding of certain wildlife within the City of Davis so as to protect public and environmental health, safety and welfare, and to prescribe penalties for failure to comply.

5.05.020 Definitions
For purposes of this article, the following definitions shall apply:

“Feed” means to give, distribute, place, expose, deposit, or scatter any edible material with the intention of feeding, attracting, or enticing wildlife. Feeding does not include baiting in the permitted and legal take or depredation of wildlife in accordance with federal, state and local law. “Person” means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. “Wildlife” means only coyotes, wild turkeys, foxes, skunks, raccoons, opossums, squirrels, ducks, geese, crows, and gulls.

5.05.030 Feeding of Wildlife Prohibited
a. No person shall purposely or knowingly feed wildlife in the City of Davis, on lands either publicly or privately owned.
b. No person shall leave or store any refuse, garbage, pet food, seed or bird seed, fruit, meat, dairy, vegetable, grain or other food in a negligent manner likely to feed wildlife. c. No person shall fail to take remedial action to cease contact or conflict with wildlife, including to secure or remove outdoor refuse, cooking grills, pet food, backyard bird feeders or any other similar food source or attractant, after being advised by a City of Davis code compliance administrator to undertake such remedial action.

5.05.040 Exceptions
The prohibitions in Section 5.05.030 do not apply to:
a. Landscaping, gardening, and/or maintaining vegetable gardens, fruit and nut trees or other plants, so long as such activities are not conducted for the purpose of feeding wildlife as defined in this article.
b. Feeding of birds outdoors on private residential properties using bird feeders, to the extent authorized by law and subject to the following requirements:

1. Bird feeders shall be placed at least five (5) feet above the ground and shall be suspended on a cable or otherwise secured so as to prevent the bird feeders from being easily accessible to other wildlife.

2. The feeding shall not substantially interfere with the rights of surrounding property owners or render other persons insecure in the use of their property.

3. No person shall allow, permit or maintain an accumulation of feces on the property or surrounding properties so as to create a public nuisance.

4. The area below the feeders must be kept clean and free of seed.

5. No person shall knowingly allow or permit bird feeders to become an attractant for rodents or other wildlife other than birds. Notwithstanding this exception, feeding of wild turkeys is expressly prohibited.
c. Any State or local employee or agent authorized to implement a wildlife management program involving baiting, or any other person or business lawfully authorized to bait and trap wildlife pursuant to State law.
d. Any person who is the legal owner or guardian of a wildlife species maintained and confined under a valid license or permit issued by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service, and in compliance with all applicable laws. e. A wildlife rehabilitator, under a valid license or permit issued by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service, who is temporarily caring for sick, injured, or orphaned wildlife in compliance with all applicable laws. f. Any person who feeds trapped, injured, or orphaned wildlife between the times that a wildlife rehabilitator or agency charged with animal control is notified and the animal is picked up.

Any person that discovers such trapped, injured, or orphaned wildlife must immediately notify an authorized animal control agency, and no person may intentionally keep such wildlife beyond the time reasonably necessary for animal control services to access and transport the wildlife.
g. Baiting, for the purpose of trapping, feral cats as part of a Yolo SPCA approved Trap-Neuter-Release program.
h. Any property owner baiting, for the purpose of trapping, wildlife on their property authorized by and in accordance with State law, including but not limited to trapping gophers, house mice, moles, rats, and voles pursuant to Fish and Game Code section 4005(f); taking of certain mammals found injuring crops or property pursuant to Fish and Game Code section 4152; taking of certain nongame birds and mammals such as weasels, skunks, opossum, moles and rodents pursuant to 14 CCR § 472; or as otherwise permitted and authorized by State law.

5.05.050 Enforcement
In addition to all other available remedies at law, this article may be enforceable through the use of the administrative citation procedures set forth in Davis Municipal Code Chapter 1, Article 1.02.

ORDINANCE FOR THE CITY OF AZUSA, CALIFORNIA
ORDINANCE NO. 2018-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ADDING SECTION 46-324 TO THE AZUSA MUNICIPAL

CODE, RELATING TO PROHIBITIONS ON THE FEEDING OF WILD ANIMALS WHEREAS, the City of Azusa, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and
WHEREAS, laws that prohibit the feeding of wild animals promote the public health, safety and welfare of the citizens of the City by reducing the possibility that such wild animals will inflict harm on the City’s residents.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS:

SECTION 1: Section 46-324 is hereby added to the Azusa Municipal Code to read as follows:
“Sec. 46-324. – Feeding of Wildlife Prohibited.
(a) No person shall feed or in any manner provide food for one or more non domesticated mammalian wildlife, including but not limited to bears, deer, mountain lions, coyotes, raccoons, opossum, mice, rats, skunks, squirrels or feral cats.
(b) This section shall not apply to the feeding of any non-domesticated mammalian by the owner of such animal when the non-domesticated mammalian is kept under valid certificate or permit issued by the state of California Department of Fish and Game or to any fowl or bird species.” SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Azusa hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 3. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 4. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Azusa.

PASSED, APPROVED, AND ADOPTED this 1st day of October, 2018.

APPENDIX G: CALIFORNIA AND LOS ANGELES COUNTY CODES REGARDING FEEDING

AND TRAPPING WILDLIFE
CALIFORNIA CODE OF REGULATIONS TITLE 14. SECTION 251.1. HARASSMENT OF

ANIMALS
Except as otherwise authorized in these regulations or in the Fish and Game Code, no person shall harass, herd, or drive any game nongame bird or mammal or fur bearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal’s normal behavior patterns, which includes, but is not limited to, breeding, feeding, or sheltering.

LOS ANGELES COUNTY CODE TITLE 10. SECTION 10.84.010.

PROVIDING FOOD FOR CERTAIN RODENTS OR PREDATOR ANIMALS PROHIBITED It is unlawful to feed a non-domesticated rodent or non domesticated mammalian predator as defined in this section, unless:
● The person is the owner of the animal and the animal is kept in accordance with the requirements of the State Department of Fish and Wildlife; or ● After notifying the responsible agency to pick up the animal, the person provides food to a trapped or injured animal.

For purposes of this chapter:

1. "Rodent" includes ground squirrels;

2. "Mammalian predators" include coyotes, raccoons, foxes, and opossums.

A violation of this section is a misdemeanor.

LOS ANGELES COUNTY CODE TITLE 10. SECTION 10.84.020

PUBLIC FEEDING OF PEAFOWL PROHIBITED
No person shall feed or make any food or edible thing available to peafowl on or upon any public property, including but not limited to any street, sidewalk, or parkway.

A person may provide food to a trapped or injured peafowl only after notifying the responsible agency to pick up the peafowl.

A violation of this section is a misdemeanor.

CALIFORNIA CODE OF REGULATIONS TITLE 14. SECTION 465.5(G)(1)

USE OF TRAPS/IMMEDIATE DISPATCH OR RELEASE
All fur bearing and nongame mammals that are legal to trap must be immediately killed or released.

Unless released, trapped animals shall be killed by shooting where local ordinances, landowners, and safety permit. This regulation does not prohibit employees of federal, state, or local government from using chemical euthanasia to dispatch trapped animals.

APPENDIX H: SAMPLE ORDINANCE REGARDING TRAPPING WILDLIFE IN THE CITY

OF LOS ANGELES
LOS ANGELES CITY MUNICIPAL CODE CH.5 ARTICLE 3 ANIMALS AND FOWLS SECTION 53.06.3 TRAPPING-PERMIT REQUIRED
(a) No person shall set, or cause to be set, any trap to catch any animal, other than rats, mice, pocket gophers, ground squirrels and moles, without having first obtained a permit therefore from the Department prior to the setting of any such trap.
(b) The Department shall charge and collect for issuance of a permit to trap a coyote a fee of $200.00. (c) The Department shall establish conditions which the applicant for a permit to trap a coyote must satisfy prior to the issuance of any such permit. If the General Manager or the General Manager’s designee determines that the applicant has satisfied the conditions, then the Department shall issue a permit to trap a coyote. The Department shall further ensure that those conditions will be maintained and that the permittee shall inform neighboring residents, located within a distance established by the Department, that coyote trapping will be occurring in their area. (d) No person shall set, or cause to be set, any snare, body gripping trap, body crushing trap, deadfall trap, leg hold trap, or any trap or snare that captures an animal other than rats, mice, pocket gophers, ground squirrels and moles, by gripping or snaring any part of the animal including its body, head, neck or limb, or that maims or causes the inhumane death or suffering of any animal. (e) The Department shall promulgate rules and regulations which are reasonably necessary to minimize the suffering of animals trapped in humane traps such as box, culvert or cage traps. These rules and regulations may include the placement of the traps and visitation schedules, identification and contact information for the trap, the type and use of permissible bait, and the treatment of the trapped animals.

APPENDIX I: LIST OF SGVCOG MEMBER AGENCIES’ COYOTE MANAGEMENT PLANS ● City of Arcadia: Coyote Management Plan
○ https://www.arcadiaca.gov/Discover%20Arcadia/living/AdoptedCoyoteManagementPla.p df
● City of Glendora: Coyote Management Plan
○ https://www.cityofglendora.org/home/showpublisheddocument/27441/637377737117900 000#:~:text=Glendora's%20strategy%20for%20managing%20coyotes,%2Dexistence%20 with%20coyotes%3B%202.
● City of Montebello: Coyote Coexistence Plan
○ http://www.projectcoyote.org/wp-content/uploads/2017/07/Montebello_Coexistence_Plan _lo_res.pdf
● City of Pasadena: Urban Wildlife Management Plan
○ http://www.cityofpasadena.net/public-health/wp-content/uploads/sites/32/Urban-WildlifeManagement-Plan.pdf?v=1646161160559 ● City of Rosemead: Coyote Management Plan
○ http://www.cityofrosemead.org/UserFiles/Servers/Server_10034989/File/Gov/City%20D epartments/Public%20Safety/Animal%20Control/Coyote%20Information/Coyote.pdf ● City of San Dimas: Coyote Management Plan
○ https://sandimasca.gov/Document_Center/Residents/Public%20Safety/Coyote%20Inform ation/Attachment-City-of-San-Dimas-Coyote-Management-Plan2-Proposed.pdf ● City of San Gabriel: Coyote Management Plan
○ http://www.sangabrielcity.com/DocumentCenter/View/7844/Coyote-Management-Plan?b idId=
● City of West Covina: Coyote Management Plan
○ https://www.westcovina.org/Home/ShowDocument?id=14526 APPENDIX J: ADDITIONAL RESOURCES AND MANAGEMENT PLANS ON COEXISTING

WITH WILDLIFE
● Guidelines for Living In and Visiting Bear and Mountain Lion Habitat ○ https://www.fs.usda.gov/detail/ltbmu/home/?cid=stelprdb5415822 ● CDFW Keep Me Wild Campaign
○ https://wildlife.ca.gov/Keep-Me-Wild
● City of La Cañada Flintridge Peafowl Management Plan
○ https://drive.google.com/file/d/1xPOFEiD-coxW9svSUMOKcWZuBMlK2b0p/view?usp =sharing
● City of Rancho Palos Verdes Peafowl Management Plan
○ http://www.rpvca.gov/DocumentCenter/View/6903/PEAFOWL-MANAGEMENT-PLAN -AUGUST-4-2015
● City of Pasadena Urban Wildlife Management Plan
○ https://www.cityofpasadena.net/wp-content/uploads/DRAFT-Urban-Wildlife-Managemen t-Plan.pdf

1506398.1 1
AMENDMENT NO. 1
TO

MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS AND THE CITY OF A FOR PARTICIPATION OF

THE SAN GABRIEL VALLEY NEIGHBORHOOD COYOTE PROGRAM
This Amendment No. 1 (“Amendment”) to the Memorandum of Agreement Between the San Gabriel Valley Council of Governments (the “SGVCOG”) and the City of San Marino (the “City”) For Participation in the San Gabriel Valley Neighborhood Coyote Program, dated August 16, 2021 (the “MOA”) shall be effective upon the date executed by both Parties hereto (“Effective Date”).

RECITALS
A. SGVCOG and City entered into the MOA to participate in the San Gabriel Valley Coyote Management Implementation Plan; and
B. SGVCOG has changed the name from Coyote Management Implementation Plan to Neighborhood Coyote Program; and
C. SGVCOG and City desire to enter into this Amendment to reflect the name change and to make other changes to the MOA as are set forth herein.

NOW THEREFORE, the Parties agree to amend the Agreement as follows:

I. Wherever in the Memorandum of Agreement the term “Coyote Management Implementation Plan” appears, such term shall be replaced with Neighborhood Coyote Program.

II. Article I. Term, shall be deleted in its entirety and replaced with the following:

The term of this MOA shall commence on November 1, 2021 and shall continue through November 30, 2023. SGVCOG’s Executive Director shall have the option to extend this Agreement, subject to the same terms and conditions contained herein.

III. Article II. Responsibilities of the Parties, Section A. Subsection 10, shall be deleted in its entirety and replaced with the following:

10. The SGVCOG shall invoice the City for their share in the cost of the San Gabriel Valley Neighborhood Coyote Program. The total invoice amount shall not exceed Ten Thousand Dollars ($10,000) annually.

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1506398.1 2
(a) Initial Payment Amount. The City shall pay no more than Ten Thousand Dollars ($10,000) for the initial payment for the 2021 – 2022 fiscal year. The initial invoice will be sent upon execution of this MOA and due within thirty (30) days of receipt.

(b) Annual Payment Amount. For each subsequent fiscal year, commencing with the 2022 – 2023 fiscal year, the City shall pay no more than Ten Thousand Dollars ($10,000) annually on a fiscal year (July 1st to June 30th) basis to the SGVCOG for participation in the San Gabriel Valley Neighborhood Coyote Program.

IV. Article II. Responsibilities of the Parties, Section B., Subsection 1., shall be deleted in its entirety and replaced with the following:

1. Participate in coordination calls and meetings with the SGVCOG and all municipalities that have entered into a Memorandum of Agreement with the SGVCOG for the Neighborhood Coyote Program for the November 1, 2021 through November 30, 2023 term.

V. Article III. Project Management, Section A, shall be deleted in its entirety and replaced with the following:

A. Project Managers

1. For the purposes of this MOA, SGVCOG designates the following individual as its Project Manager: Samuel Pedersen, Management Analyst.

2. For the purposes of this MOA, the City designates the following individual as its Project Manager: Amanda Fowler, Community Engagement Manager Either Party may change the designations set forth herein upon written notice to the other Party.

VI. Article VIII. Other Terms and Conditions, Section A, shall be deleted in its entirety and replaced with the following:

A. Notices: All notice required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by electronic mail or certified mail, postage prepaid and return receipt requested, addressed as follows:

To SGVCOG: Samuel Pedersen
Management Analyst
1000 S. Fremont Ave, Unit 42
Building A-10N, Suite 10-210
Alhambra, CA 91803
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1506398.1 3
(626) 214-8508
[email protected]
with a copy to: Marisa Creter
Executive Director
1000 S. Fremont Avenue, Unit 42
Building A-10N, Suite 10-210
Alhambra, CA 91803
(626) 457-1800
[email protected]
To City: Amanda Fowler
Community Engagement Manager
2200 Huntington Drive
San Marino CA 91108
(626) 300-0781
[email protected]
with a copy to: Dr. Marcella Marlowe
City Manager
2200 Huntington Drive
San Marino CA 91108
(626) 300-0788
[email protected]
Integration. This Amendment amends, as set forth herein, the MOA and except as specifically amended hereby the MOA shall remain in full force and effect. To the extent there is any conflict between this Amendment and the MOA, the terms and provisions of this Amendment shall control. This Amendment and the MOA, including any exhibits attached to the MOA, integrate all the terms and conditions of the Parties’ agreement and supersede all negotiations with respect hereto.

The Parties hereby enter into this Amendment No. 1 upon the Effective Date as is set forth above. [Signatures on Next Page]

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1506398.1 4

FOR THE CITY OF SAN MARINO
By:

Dr. Marcella Marlowe
City Manager
Date:

ATTEST:

Amanda Fowler
Acting City Clerk
APPROVED AS TO FORM:

Joe Montes
City Attorney

FOR THE SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS
By:

Marisa Creter
Executive Director
Date:

APPROVED AS TO FORM:

David DeBerry
SGVCOG General Counsel
DocuSign Envelope ID: 711B5C78-2DC8-4D0B-8AE2-010DA16F995E 08/16/2021 08/16/2021
PAGE 259 of 294

CITY OF SAN MARINO
AMENDMENT NO. 2
TO

MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS AND THE CITY OF SAN MARINO FOR

PARTICIPATION OF THE SAN GABRIEL VALLEY NEIGHBORHOOD COYOTE

PROGRAM
This Amendment No. 2 (“Amendment”) dated September 12, 2023 to the Memorandum of Agreement Between the San Gabriel Valley Council of Governments (the “SGVCOG”) and the City of San Marino(the “City”) for Participation in the San Gabriel Valley Neighborhood Coyote Program (the “MOA”) shall be effective as of December 1, 2023 (“Effective Date”).

RECITALS
A. The SGVCOG and City entered into the MOA dated as of October 1, 2019, which is incorporated herein by this reference, to participate in the San Gabriel Valley Neighborhood Coyote Program; and
B. The SGVCOG and City entered into Amendment No. 1 to the MOA dated August 16, 2021 (Amendment No. 1), which is incorporated herein by this reference; and C. The SGVCOG and the City desire to further amend the MOA to reflect an increase in costs in administering the Neighborhood Coyote Program as measured by the consumer price index for the Los Angeles-Long Beach-Anaheim area during the 7 month period from November 2023 to June 2024 and to further amend the MOA as provided herein.

NOW THEREFORE, the Parties agree to further amend the MOA as follows:

I. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the same meanings set forth for such terms in the MOA and Amendment No.

1. II. Article I. Term. The Term of the MOA, as amended by Amendment No. 1, shall be amended to extend the MOA term from the Effective Date set forth above up to and including June 30, 2025.

III. Article II. Responsibilities of the Parties. Section A., Subsection 10, shall be amended as follows:
1770250.1
1 PAGE 260 of 294
(a) The SGVCOG shall invoice the City for its share of the cost of the Neighborhood Coyote Program for fiscal year 2023-2024 (November 30, 2023- June 30, 2024) in the prorated amount of Six Thousand, One hundred and Eighty Three Dollars ($6,183) [($10,600/12)*7]The SGVCOG may invoice the City for this amount as of the Effective Date. Payment of the invoice will be due within forty-five (45) days after City’s receipt of the invoice.
(b) The SGVCOG shall invoice the City its share of the cost of the Neighborhood Coyote Program for the 2024-2025 fiscal year in the amount of Ten Thousand and Six Hundred Dollars ($10,600). The SGVCOG may invoice the City for this amount as of the Effective Date. Payment of the invoice will be due within forty-five (45) days after City’s receipt of the invoice.

IV. Article II. Responsibilities of the Parties. Section B., Subsection 1. shall be deleted in its entirety and replaced with the following:

1. Participate in the coordination calls and meetings with the SGVCOG and all municipalities that have entered into a Memorandum of Agreement as needed with the SGVCOG for the Neighborhood Coyote Program for the Amended Term and as it may be extended upon agreement by the Parties.

V. Article III. Project Management. Section A., shall be deleted in its entirety and replaced with the following:

A. Project Managers

1. For the purposes of this MOA, the SGVCOG designates the following individuals as its Project Managers: Nicholas Ryu, Manager of Sustainability and Paulina Mejia, Management Analyst.

2. For the purposes of this MOA, the City designates the following individual as its Project Manager: Nicole Tibbet, Community Engagement Manager.

Either Party may change the designations set forth herein upon written notice to the other party.

VI. Article VIII. Other Terms and Conditions. Section A. shall be deleted in its entirety and replaced with the following:

A. Notices: All notices required or permitted to be given under this MOA shall be in writing and shall be personally delivered, or sent by electronic mail to certified mail, postage prepaid and return receipt requested, addressed as follows:
1770250.1 2
PAGE 261 of 294
To SGVCOG: Paulina Mejia
Management Analyst
1333 S. Mayflower Ave, Suite 360
Monrovia, CA 91016
[email protected]
with a copy to: Marisa Creter
Executive Director
1333 S. Mayflower Ave, Suite 360
Monrovia, CA 91016
(626) 457-1800
[email protected]
To City: Nicole Tibbett
Community Engagement Manager
2200 Huntington Drive
San Marino, CA 91108
(626) 300-0781
[email protected]
with a copy to: Philippe Eskandar
City Manager
2200 Huntington Drive
San Marino, CA 91108
(626) 300-0788
[email protected]
VII. Integration. This Amendment amends, as set forth herein, the MOA and Amendment No. 1 and except as specifically amended hereby the MOA and Amendment No. 1 shall constitute all the terms and conditions agreed to by the Parties. To the extent there is any conflict between this Amendment and the MOA and Amendment No. 1, the terms and provisions of this Amendment shall control. This Amendment, the MOA and Amendment No. 1, including any exhibits attached to any of the foregoing documents, integrate all the terms and conditions of the Parties’ agreement and supersede all negotiations with respect hereto.

The Parties hereby enter into this Amendment upon the Effective Date. [Signatures on Next Page]
1770250.1 3
PAGE 262 of 294

FOR THE CITY OF SAN MARINO FOR THE SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS
By: _________________________________ By:_________________________________ Philippe Eskandar Marisa Creter
City Manager Executive Director
Date:________________________________ Date:_______________________________ ATTEST: APPROVED AS TO FORM:
____________________________________ ____________________________________ Alison Walker David DeBerry
City Clerk SGVCOG General Counsel
APPROVED AS TO FORM:
____________________________________
Joseph M. Montes
City Attorney
1770250.1 4
PAGE 263 of 294
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director
DATE: October 11, 2023
SUBJECT: APPROVAL OF PURCHASE OF BACKHOE FOR PARKS AND

PUBLIC WORKS DEPARTMENT FROM JOHN DEERE AND
APPROPRIATION OF $1,317.35 FROM THE CAPITAL

EQUIPMENT FUND RESERVES FOR THE PURCHASE

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
Well-Maintained Infrastructure

BACKGROUND
On June 14, 2023, the City Council approved the Fiscal Year 2023-24 Operating and Capital Improvement budgets. As part of the capital equipment component of the budget, the City Council approved $70,000 for the purchase of one backhoe to assist Parks and Public Works Department staff with maintenance activities at Lacy Park, landscaped street medians, and other landscaped areas within the City’s public right-of-way.

DISCUSSION
The Parks and Public Works Department currently owns two backhoes for maintenance activities that involve digging, excavation, and loading of material. The smaller of the two backhoes was purchased from John Deere, and possesses turf tires, therefore making it easier to maneuver in landscaped areas for digging and excavation without damaging existing landscaping.

Although the current piece of equipment has functioned well as part of the Public Works equipment fleet, it is over 20 years old, has 1,737 hours logged, and is out of service. Due to the age of the equipment and cost to repair, Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 264 of 294
purchase of a new backhoe is necessary to ensure maintenance activities that require digging and loading of material in landscaped areas can continue in an efficient manner.

The Parks and Public Works Department received a quote from John Deere and a demonstration of the equipment. John Deere is a part of the Sourcewell cooperative purchasing alliance, which manages the solicitation process and awards contracts to suppliers on behalf of government and non-profit agencies. Agencies that purchase supplies and equipment through a Sourcewell contract benefit from lower costs by combining the purchasing power of more than 50,000 government, education, and non-profit organizations. Staff also looked into potentially procuring the new backhoe from Bobcat, but determined that the equipment from John Deere is better suited to perform the maintenance activities required. While no two pieces of equipment (particularly from different vendors) are exactly the same, the backhoe from John Deere is smaller, making it easier for staff to maneuver in more confined spaces as well as minimizing turf damage. The model from John Deere also includes attachments that are better suited to the maintenance activities required at Lacy Park and the landscaped center medians.

Additionally, the City’s maintenance staff is already familiar and experienced with working with John Deere equipment, as the existing backhoe is also John Deere brand. For these reasons, along with the competitive pricing offered via the Sourcewell cooperative purchasing alliance, staff recommends the purchase of the new backhoe from John Deere.

FISCAL IMPACT & PROCUREMENT REVIEW
As noted earlier, the City Council approved $70,000 for the purchase of the backhoe. After utilizing a cooperative purchasing alliance to ensure a competitive price, the final quote from John Deere is for $71,317.35. As such, $1,317.35 will need to be appropriated from the Capital Equipment Fund reserves to cover the cost of the purchase.

The purchase of the backhoe is in compliance with the City’s procurement policy, as the Department will be using a cooperative purchasing alliance in accordance with SMCC 02.06.05.B.6

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

RECOMMENDATION
PAGE 265 of 294
Staff recommends the City Council approve the purchase of one backhoe from John Deere in the amount of $71,317.35, and authorize the appropriation of $1,317.35 from the Capital Equipment Fund reserves into Account # 591-48- 4613-0000 (Capitalized Equipment).
“I move to approve the purchase of one backhoe from John Deere in the amount of $71,317.35, and authorize the appropriation of $1,317.35 from the Capital Equipment Fund reserves into Account # 591-48-4613-0000 (Capitalized Equipment).”

ATTACHMENTS

1. Quote from John Deere

2. Backhoe CIP Form
PAGE 266 of 294
Salesperson : X ______________ Accepted By : X ______________ Confidential
Quote Summary
Prepared For:

CITY OF SAN MARINO PARKS DIVISION
1485 VIRGINIA RD
SAN MARINO, CA 91108
Business: 626-300-0700
Prepared By:

Nick Scovel
Stotz Equipment
4811 Brooks Street
Montclair, CA 91763
Phone: 909-626-8586
Mobile: 909-376-6715
[email protected]
Customer agrees to read Operator’s Manual before operation of equipment.

Quote Id: 29311689
27 July 2023
29 September 2023
Created On:

Last Modified On:

Expiration Date: 27 August 2023
Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE 4052M Compact
Utility Tractor (40 PTO hp CITY

DISCOUNT)
$ 54,212.85 $ 48,980.00 X 1 = $ 48,980.00
JOHN DEERE 485A Backhoe (CITY

DISCOUNT)
$ 17,851.32 $ 16,150.00 X 1 = $ 16,150.00
Equipment Total $ 65,130.00
Quote Summary
Equipment Total $ 65,130.00
SubTotal $ 65,130.00
Sales Tax - (9.50%) $ 6,187.35
Est. Service Agreement Tax $ 0.00
Total $ 71,317.35
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 71,317.35
PAGE 267 of 294
Selling Equipment
Quote Id: 29311689 Customer: CITY OF SAN MARINO PARKS DIVISION Confidential
JOHN DEERE 4052M Compact Utility Tractor (40 PTO hp CITY DISCOUNT) Hours:

Stock Number:

Suggested List
$ 54,212.85
Code Description Qty
035BLV 4052M Compact Utility Tractor (40
PTO hp)
1 Standard Options - Per Unit
024H United States Minor Outlying Islands 1
0409 English Operator's Manual and Decal
Kit
1 1520 eHydro™ 1
1718 Factory Installed Loader with Bucket 1
2000 Open Station with Standard Seat 1
4061 Less iMatch™ Quick Hitch Category 1 1
5243 44x18-20 (4PR, R3 Turf, 1 Position) 1
6243 27x10.50-15 (4PR, R3 Turf, 2 Position) 1
Dealer Attachments
LVB25334 Canopy - Standard 1
LVB25332 Canopy Mounting Bracket and
Hardware Kit
1 BLV11029 Dual Mid Valve Kit 1
Other Charges
Freight 1
Stotz MDF 1
JOHN DEERE 485A Backhoe (CITY DISCOUNT)
Hours:

Stock Number:

Suggested List
$ 17,851.32
Code Description Qty
6185LV 485A Backhoe 1
Standard Options - Per Unit
0202 United States 1
PAGE 268 of 294
Selling Equipment
Quote Id: 29311689 Customer: CITY OF SAN MARINO PARKS DIVISION Confidential
0409 English Operator's Manual and Decal
Kit
1 1000 Subframe Mounting 1
3018 18 In. Bucket 1
Dealer Attachments
BLV10969 Power Beyond Kit (Cab and OOS) 1
BLV10986 Rubber Street Pad Kit 1
Other Charges
Freight 1
PAGE 269 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION Product features, prices and specifications are based on published information at the time of publication and are subject to change without notice. All trademarked terms, including John Deere, the leaping deer symbol and the colors green and yellow used herein are the property of Deere & Company, unless otherwise noted. Products, product features, and other content on this site may only be accurate for products marketed and sold in North America.

Copyright © 1994- 2023 Deere & Company. All Rights Reserved. File Created: 29-Sep-2023 2024 JOHN DEERE 4052M Compact Utility
Tractor (40 PTO hp CITY DISCOUNT)
Electrical and lighting
Standard lighting equipment provides excellent visibility Standard equipment lighting includes:
• Wraparound-style wide-angle halogen headlights for better lighting and visibility • Two amber flashing warning lights
• Warning lamps placed to meet ASAE S279.10 standards
• Dual lamps with increased separation for better visibility and distinction at a distance The optional premium lighting package, for both the 4M and 4R Series Tractors, increases safety and productivity by allowing for longer working hours in the field.

This kit includes two additional forward work lights and one additional rear work light.

Equipped with this premium lighting package:
• Total of five lights on the 4M
• Total of seven lights on the 4R
Optional rear work light kit
Differentials, axles, frame, and chassis
Differential lock increases traction when needed
Confidential
PAGE 270 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION Differential lock
Foot-actuated differential lock is included to assist traction in tough spots. • Allows power to be applied equally to both rear wheels for increased traction when needed • Foot-operated engagement pedal is conveniently located on the left side of the platform on all eHydro™ model tractors • Makes it easier to use either (forward/reverse) eHydro pedal on the right-hand side of the platform and engage the differential lock at the same time
Differentials, axles, frame, and chassis
Four-wheel drive (4WD) front axle provides traction on demand 4WD front axle
4WD is standard equipment to optimize traction and power to the ground for maximum performance.
4WD can be engaged and disengaged on-the-go when the tractor is not under load.

Key features of 4WD are:
• Bevel gear design for added strength and reliability
• 62-degree turn angle results in a turning radius as short as 2.6 m (8.6 ft) (with brakes applied) • Increases pulling power and improves traction when operating in slippery conditions • Reduces slippage, which is especially useful when operating a loader • Reducing slippage will increase fuel efficiency up to 20 percent • Front wheels pulling tend to keep tractor on top of the ground, aiding in flotation • Increases tractor resale value
Check/fill point
One check/fill point makes servicing easier.

Confidential
PAGE 271 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION 4WD engagement knob
4WD can be engaged and disengaged on the go. To engage, simply pull up on the handle to the left of the operator.

On the 4M Heavy-Duty and 4R Tractors, a positive engagement indicator in the instrument panel illuminates when 4WD is engaged.

Differentials, axles, frame, and chassis
Matched wheelbase for implement compatibility and parts commonality Matched wheelbase
The 4M, 4M Heavy-Duty, and 4R Series Tractors feature an identical 185-cm (73- in.) wheelbase.
• All series of tractors utilize a common chassis that allows for both compatibility of implements and parts commonality between models.

Optional wheel spacers provide enhanced stability
The optional wheel spacers extend the rear tread setting by 140 mm (5.5 in.) on each side (280 mm [11 in.] in total) widening the overall stance of the tractor. A wider rear axle width provides superior stability, especially in hilly conditions.

The wheel spacers are installed between the final drive and the wheels.

Optional wheel spacer
Confidential
PAGE 272 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION Differentials, axles, frame, and chassis
Planetary final drives ensure durability
Planetary final drives
The tractor features planetary final drives.
• Planetary final drives distribute rear axle loads over three points (A) for reduced stress and longer life • Long life with less maintenance
Hydraulics
Dual mid-valve kit for 4M Tractors
This attachment allows for the installation of the dual mid-valve kit on 4M Tractors. With this kit, 4M Tractors can utilize various implements, such as the 440R Loader, as well as other hydraulically-driven implements. This kit allows the 4M Tractor to operate hydraulically and function like the 4R Open-Station Tractors.

The kit contains the dual mid-valve, loader joystick, hydraulic lines, and all fittings / hardware that is required.

Confidential
PAGE 273 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION Dual mid-valve (shown on 4R) Hydraulic lines from
mid-valve to tractor
Two-function joystick (shown on 4R)
Complete kit images
Available Dec, 2016
Key Features
Powerful Yanmar® diesel engine delivers plenty of power under heavy loads Confidential
PAGE 274 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION Powerful Yanmar engine
The Yanmar diesel engine has a high-torque reserve that provides plenty of power under heavy load.

This 4-cylinder engine features lower levels of exhaust emissions and reduced noise levels. It meets EPA Final Tier 4 (FT4) emission standards.

Model Number of
cylinders
Engine
displacement
Aspiration Rated
rpm
Gross
engine
hp*
Gross
engine ps*
PTO hp
4044M/R 4 2.2 L Natural 2600 42.5 43.1 32.5
4052M/R 4 2.1 L Turbocharged 2600 50.8 51.5 39.9
4066M/R 4 2.1 L Turbocharged 2600 65.0 65.9 52.0
*Engine hp (kW), gross SAE J1995: 43.1 (31.7) at 2600 rpm, PS Displacement, cu in. (L):134.25 (2.2)
*Engine hp (kW), gross SAE J1995: 51.5 (37.9) at 2600 rpm, PS Displacement, cu in. (L):128.15 (2.1)
*Engine hp (kW), gross SAE J1995: 65.9 (48.5) at 2600 rpm, PS Displacement, cu in. (L):128.15 (2.1)
The engine uses the latest technologies to optimize fuel economy, improve control and accuracy, and reduce environmental impact.

The common rail system (CRS) optimizes fuel economy and reduces operating costs*. High-pressure injection atomizes fuel into finer particles which burn more completely. It results in improved fuel economy and lower cost of operation.

Confidential
PAGE 275 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION The electronic control unit (ECU) provides optimum fuel control and accuracy. ECU monitors and controls the engine.

It continuously monitors engine conditions and adjusts the fuel delivery accordingly to ensure optimum performance and emissions.

The new engine comes with an after treatment system. The system operates automatically. The exhaust filter consists of a diesel particulate filter (DPF) which captures particulate matter (PM) contained in the exhaust gas. Using a natural cleaning process, most of the PM trapped in the exhaust filter is eliminated by the heat of the exhaust stream generated by normal use.

In situations of low temperature, engine speed or load factor, an active cleaning cycle is initiated. In this cleaning cycle, the exhaust gas temperature is raised by injecting additional fuel during the exhaust stroke of normal vehicle operation to the diesel oxidation catalyst (DOC).

After many hours of use, the exhaust filter may require an ash removal service.

NOTE: *As compared to engines not using CRS technology.

DPF cleaning
Depending on the load that the tractor is under, as well as ambient temperature, humidity, and engine speed, the DPF may build up with particulate matter, thus requiring cleaning. Filter cleaning is determined by one of three conditions:
• A prescribed time-based estimation of needed filter cleaning • DOC/DPF pressure sensors
• A particulate matter buildup estimation based on load conditions Once one of the three conditions has been met, filter cleaning will occur.

There are three different types of filter cleaning processes:
• Passive filter cleaning
• Active filter cleaning
• Parked filter cleaning
Passive filter cleaning
Passive filter cleaning occurs naturally when the engine is generating enough heat to oxidize particulate matter. This automatic process occurs continuously during normal operating conditions. No tractor icons or symbols appear on the display during passive filter cleaning.

NOTE: Passive filter cleaning requires no operator involvement, and there is no interruption to tractor operation.

Active filter cleaning
If conditions (temperature, load, or speed) for passive filter cleaning cannot be achieved, then PM is removed using active filter cleaner.

To achieve the required conditions, exhaust temperature management (ETM) manages the initiation and duration of active filter cleaning. ETM can adjust numerous engine parameters and/or inject a small quantity of fuel into the exhaust stream for a short duration. The fuel turns to vapor and chemically reacts with the catalysts in the DOC to create heat to oxidize PM.

It is important to note that at no time is the fuel in the DOC/DPF ignited, and there is no flame within the DOC/DPF.

Like passive filter cleaning, active filter cleaning requires no operator involvement, and there is no interruption to tractor operation.

Parked filter cleaning
In some instances where passive and active filter cleaning have not fully cleaned the PM from the system, a parked filter cleaning may need to take place. Most likely, the only time a parked filter cleaning will need to occur is when automatic filter cleaning has been disabled for an extended period of time and multiple warnings to engage filter cleaning were ignored or if the tractor has been used during light load conditions. Additionally, when the automatic filter cleaning process has been deliberately interrupted multiple times, or if active filter cleaning has failed numerous times due to a failed component, a parked filter cleaning may be requested. In these rare instances the operator will have to park the tractor and start the filter cleaning process.

The parked filter cleaning process needs to be activated based on usage and operation of the tractor. The process will take approximately 30 minutes. See operator’s manual for more details.

Confidential
PAGE 276 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION This system constantly monitors the soot level of the tractor, making sure the tractor is always in peak performance condition. This ensures high performance at all times.

NOTE: Number of hours since last regeneration and soot level percentage viewable on LCD display.

Key features of the engine are:
• Lower rated speed for 540 rpm power take-off (PTO) operation means better fuel economy, less noise and vibration, and longer overall engine life
• Cast-in-block cylinder design for good cooling and long life • Hydraulic lifters are quieter and require no adjustment • Heavy-duty crankshaft provides more bearing surface area for added durability • CRS optimizes fuel economy, lowering the cost of operation • ECU provides optimum control and accuracy
• Direct fuel injection
• Improves starting
• Injects fuel directly on top of pistons for more efficient combustion • Develops more horsepower per gallon of fuel
• Glow plugs (cold starting aid)
• Engine oil cooler, cools engine oil for longer engine life • Key start and shutoff eliminates fuel shutoff knob
• Electric solenoid shuts fuel supply off immediately when key is turned off • See-through coolant recovery tank permits operator to check coolant level without removing radiator cap • Sealed radiator compartment keeps trash and debris on outside of hood • Dry-type air cleaner with safety element and electronic air service indicator • Electronic air restriction indicator alerts operator when air filter servicing is required • Dual-element design for added engine protection
• Easy to service
• Standard side exhaust
• Discharges fumes away from the operator, reducing engine noise • Improves operator visibility when using a loader or front implement • Optional vertical exhaust
Yanmar is a trademark of Yanmar Company Limited.

Dry-type air cleaner
Hitch, drawbar, and PTO
Standard independent rear power take-off (PTO) performs well in normal or heavy applications Confidential
PAGE 277 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION 4M Tractor shown with drawbar
An independent rear 540-rpm PTO is standard equipment.

Multi-disk wet clutch/multi-disk wet brake
A multi-disc wet clutch (A) is used to engage and disengage the PTO independently of the transmission traction clutch. A multi-disc wet brake (B) stops the rear PTO and keeps implements from coasting to a stop.
• Conveniently placed yellow color-coded rear PTO switch is located on the right-hand fender control console. • PTO light on dash is illuminated whenever the PTO is engaged. • PTO switch prevents starting the tractor with the PTO engaged. • Large rear PTO shield with flip-up design permits easy access to PTO shaft. • PTO shaft can be rotated to allow for easy hookup of implements. • PTO brake is activated whenever clutch or PTO switch is disengaged. 4R PTO switch
Hitch, drawbar, and PTO
Telescopic draft links (extendable draft links)
Telescoping draft links will reduce the amount of effort to attach 3-point hitch implements by allowing the operator to make small adjustments without moving the tractor. Optional on 4M Tractors.

Engine
Powerful Yanmar® diesel engine delivers plenty of power under heavy loads Confidential
PAGE 278 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION Powerful Yanmar engine
The Yanmar diesel engine has a high-torque reserve that provides plenty of power under heavy load.

This 4-cylinder engine features lower levels of exhaust emissions and reduced noise levels. It meets EPA Final Tier 4 (FT4) emission standards.

Model Number of
cylinders
Engine
displacement
Aspiration Rated
rpm
Gross
engine
hp*
Gross
engine ps*
PTO hp
4044M/R 4 2.2 L Natural 2600 42.5 43.1 32.5
4052M/R 4 2.1 L Turbocharged 2600 50.8 51.5 39.9
4066M/R 4 2.1 L Turbocharged 2600 65.0 65.9 52.0
*Engine hp (kW), gross SAE J1995: 43.1 (31.7) at 2600 rpm, PS Displacement, cu in. (L):134.25 (2.2)
*Engine hp (kW), gross SAE J1995: 51.5 (37.9) at 2600 rpm, PS Displacement, cu in. (L):128.15 (2.1)
*Engine hp (kW), gross SAE J1995: 65.9 (48.5) at 2600 rpm, PS Displacement, cu in. (L):128.15 (2.1)
The engine uses the latest technologies to optimize fuel economy, improve control and accuracy, and reduce environmental impact.

The common rail system (CRS) optimizes fuel economy and reduces operating costs*. High-pressure injection atomizes fuel into finer particles which burn more completely. It results in improved fuel economy and lower cost of operation.

Confidential
PAGE 279 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION The electronic control unit (ECU) provides optimum fuel control and accuracy. ECU monitors and controls the engine.

It continuously monitors engine conditions and adjusts the fuel delivery accordingly to ensure optimum performance and emissions.

The new engine comes with an after treatment system. The system operates automatically. The exhaust filter consists of a diesel particulate filter (DPF) which captures particulate matter (PM) contained in the exhaust gas. Using a natural cleaning process, most of the PM trapped in the exhaust filter is eliminated by the heat of the exhaust stream generated by normal use.

In situations of low temperature, engine speed or load factor, an active cleaning cycle is initiated. In this cleaning cycle, the exhaust gas temperature is raised by injecting additional fuel during the exhaust stroke of normal vehicle operation to the diesel oxidation catalyst (DOC).

After many hours of use, the exhaust filter may require an ash removal service.

NOTE: *As compared to engines not using CRS technology.

DPF cleaning
Depending on the load that the tractor is under, as well as ambient temperature, humidity, and engine speed, the DPF may build up with particulate matter, thus requiring cleaning. Filter cleaning is determined by one of three conditions:
• A prescribed time-based estimation of needed filter cleaning • DOC/DPF pressure sensors
• A particulate matter buildup estimation based on load conditions Once one of the three conditions has been met, filter cleaning will occur.

There are three different types of filter cleaning processes:
• Passive filter cleaning
• Active filter cleaning
• Parked filter cleaning
Passive filter cleaning
Passive filter cleaning occurs naturally when the engine is generating enough heat to oxidize particulate matter. This automatic process occurs continuously during normal operating conditions. No tractor icons or symbols appear on the display during passive filter cleaning.

NOTE: Passive filter cleaning requires no operator involvement, and there is no interruption to tractor operation.

Active filter cleaning
If conditions (temperature, load, or speed) for passive filter cleaning cannot be achieved, then PM is removed using active filter cleaner.

To achieve the required conditions, exhaust temperature management (ETM) manages the initiation and duration of active filter cleaning. ETM can adjust numerous engine parameters and/or inject a small quantity of fuel into the exhaust stream for a short duration. The fuel turns to vapor and chemically reacts with the catalysts in the DOC to create heat to oxidize PM.

It is important to note that at no time is the fuel in the DOC/DPF ignited, and there is no flame within the DOC/DPF.

Like passive filter cleaning, active filter cleaning requires no operator involvement, and there is no interruption to tractor operation.

Parked filter cleaning
In some instances where passive and active filter cleaning have not fully cleaned the PM from the system, a parked filter cleaning may need to take place. Most likely, the only time a parked filter cleaning will need to occur is when automatic filter cleaning has been disabled for an extended period of time and multiple warnings to engage filter cleaning were ignored or if the tractor has been used during light load conditions. Additionally, when the automatic filter cleaning process has been deliberately interrupted multiple times, or if active filter cleaning has failed numerous times due to a failed component, a parked filter cleaning may be requested. In these rare instances the operator will have to park the tractor and start the filter cleaning process.

The parked filter cleaning process needs to be activated based on usage and operation of the tractor. The process will take approximately 30 minutes. See operator’s manual for more details.

Confidential
PAGE 280 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION This system constantly monitors the soot level of the tractor, making sure the tractor is always in peak performance condition. This ensures high performance at all times.

NOTE: Number of hours since last regeneration and soot level percentage viewable on LCD display.

Key features of the engine are:
• Lower rated speed for 540 rpm power take-off (PTO) operation means better fuel economy, less noise and vibration, and longer overall engine life
• Cast-in-block cylinder design for good cooling and long life • Hydraulic lifters are quieter and require no adjustment • Heavy-duty crankshaft provides more bearing surface area for added durability • CRS optimizes fuel economy, lowering the cost of operation • ECU provides optimum control and accuracy
• Direct fuel injection
• Improves starting
• Injects fuel directly on top of pistons for more efficient combustion • Develops more horsepower per gallon of fuel
• Glow plugs (cold starting aid)
• Engine oil cooler, cools engine oil for longer engine life • Key start and shutoff eliminates fuel shutoff knob
• Electric solenoid shuts fuel supply off immediately when key is turned off • See-through coolant recovery tank permits operator to check coolant level without removing radiator cap • Sealed radiator compartment keeps trash and debris on outside of hood • Dry-type air cleaner with safety element and electronic air service indicator • Electronic air restriction indicator alerts operator when air filter servicing is required • Dual-element design for added engine protection
• Easy to service
• Standard side exhaust
• Discharges fumes away from the operator, reducing engine noise • Improves operator visibility when using a loader or front implement • Optional vertical exhaust
Yanmar is a trademark of Yanmar Company Limited.

Dry-type air cleaner
Attachments
eThrottle and MotionMatch software for 4M Tractors
Overview
The eThrottle and MotionMatch software upgrade allows both functions to be added to a 4M Tractor.

Benefits
• eThrottle – When eThrottle is activated, depression of the travel pedal increases engine rpm and tractor speed simultaneously. This provides the operator with comfort and convenience as well as fuel economy. • MotionMatch – This feature allows you to set shorter or longer acceleration and deceleration distances.

Confidential
PAGE 281 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION • Default – The rolling (starting/stopping) distance is the stock setting. • Short – The rolling (starting/stopping) distance is the shortest setting. • Long – The rolling (starting/stopping) distance is the longest setting.

Transmission
Maximize productivity with an eHydro™ transmission
The tractor is available with a three-range electronic hydrostatic (eHydro) transmission. • Fluid under pressure transmits engine power to the drive wheels using a pump and motor • Functions both as a clutch and transmission
• Provides high torque for startup
• Reduces powertrain shock loads
Danfoss® company supplies both the pump and motor. This ensures that the components are matched to each other, providing maximum efficiency.

The electronic hydrostatic transmission is ideally suited for jobs where productivity is a must, such as loader or mower applications.

Twin Touch™ foot controls allow the operator to select both directions of travel and speed with a touch of the toe.

Key features of the eHydro transmission:
• Infinitely variable ground speeds, in each range, allow the operator to match the speed of the tractor to the job. • No clutching for fast and easy direction changes
• Twin Touch foot pedals for quick and easy forward/reverse operation • Cruise control is optional equipment
• Cruise control switch is located on the right-hand console for easy access • Cruise control is electronically engaged and disengaged, which allows for precise setting of speed Danfoss eHydro transmission is used for reliable operation. Durability features include:
• Large forged trunnion shaft with larger support bearings that reduce vibration and noise. • Center section made from ductile iron (much stronger than grey iron used in many competitive transmissions). • Transmission oil cooler cools transmission oil for longer transmission life.

Safety features of the eHydro transmission include:
• The tractor will start with one or both foot pedals depressed, but it will not move until both pedals first return to neutral • Operator presence - the tractor will come to a stop if the operator leaves the seat but will not shut off unless the power take-off (PTO) is also running
Danfoss eHydro transmission
Key John Deere advantage
John Deere's Twin Touch foot controls offer several key advantages over competitive hydro model tractors. • Some competitive hydrostatic tractors use a treadle pedal (toe-heel) design foot control for operation of the hydro • Requires the operator to use both toe and heel to change direction, resulting in increased operator fatigue Confidential
PAGE 282 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION Twin Touch foot controls
Optional cruise control
A true-speed cruise control is optional equipment on 4M Tractors with eHydro transmission. Cruise control is electronically engaged and disengaged and is located on the operator console to the right of the operator. • Maintains desired forward speed without pressure on the foot pedal • Cruise control is set by engaging the switch when the desired speed is reached • A speed sensor also allows the tractor to maintain preset speed driving up and down hills • To disengage the cruise control, either:
• Apply pressure to the turn brakes opposite the eHydro pedals • Disengage cruise control switch
• Briefly depress the reverse control pedal
Optional cruise control on 4M Tractors
LoadMatch™ power management system
LoadMatch is a standard feature on the 4M Series Tractors.

If torque requirements increase significantly, the transmission will reduce the tractor's drive speed to compensate for the increased load on the transmission, maximizing torque to drive wheels and minimizing stalls.

Controls automatically adjust LoadMatch compensation depending on the tractor’s application. PTO applications require less engine speed fluctuation, therefore adjusting the amount of droop depending on PTO speed. This adjustment increases efficiency and optimizes engine speed and torque output based on tractor application.

While typically left on, LoadMatch can be turned off through the center console display.

MotionMatch™ system
MotionMatch, standard on the 4M Series Tractors, is adjustable through the center console display. It offers variable adjustments to either lengthen or shorten the rollout when the HST pedal is depressed or released.

Serial number break information
All model year 2016 and newer tractors with serial numbers after those listed below are equipped with LoadMatch and MotionMatch features from the factory
• 4044M: 1LV4044MCGG100594
Confidential
PAGE 283 of 294
Quote ID :29311689Customer Name : CITY OF SAN MARINO PARKS DIVISION • 4052M: 1LV4052MVGG100273
• 4066M: 1LV4066MHGG100181
For model year 2016 tractors with serial numbers before those listed above and previous model year tractors, these features are available with a machine software update.

Danfoss is a trademark of Danfoss Incorporated.

Confidential
PAGE 284 of 294

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

Capital Request
Description (Summary):

Location:

Proposing Department Contact Person Expense Type
Estimated Total
Cost
Capital Request
Labor Source
Multi-Year Funding Cycle
FY
2023/2024
FY
2024/2025
FY
2025/2026
FY
2026/2027
FY
2027/2028
Estimated
Total
SOURCE
Source Key: CE (Capital Equipment), CC (Capital Construction), D (Donations), PC (Prop C), MR (Measure R), GT (Gas Tax), TDA (Transportation Development Act), PA (Prop A), ARPA (American Rescue Plan), MW (Measure W), O (Other) Photo of Equipment and/or Map Showing Project Location
Backhoe
Procurement of a new backhoe to assist the Public Works Department with maintenance activities.

Citywide
Parks and Public Works Amber Shah Capital Equipment
$ 70,000 New Request
City Employees
$ 70,000 $ 0 $ 0 $ 0 $ 0 $ 70,000
CE $ 70,000 CE CE CE CE CE $ 70,000
$ 0
$ 0
$ 0
$ 0
365
PAGE 285 of 294

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

Other: Total
Total
*Ongoing Costs to General Fund (Provide cost and detail) General Fund Cost
What Fiscal Year
Description of General Fund Costs
The Department owns two backhoes for maintenance activities involving digging, excavation, and loading of material. The smaller of the two backhoes possesses turf tires and is easier to maneuver on the center medians for digging and excavation without damaging existing landscaping. This piece of equipment was purchased in 2001, has 1,737 hours logged, and is currently out of service. The cost to repair the existing backhoe exceeds its value, and, as such, purchase of a replacement is necessary. A smaller backhoe is essential to the City's maintenance activities at Lacy Park as well as medians and other landscaped areas of the public right-of-way. Without this piece of equipment, maintenance activities that require digging and loading of material are significantly more difficult and inefficient. A new backhoe has an expected useful life of 20 years, and would improve maintenance staff efficiency. $ 70,000
$ 70,000
$ 1,000
$ 1,000
$ 71,000
$ 71,000
$ 1,000
FY 23-24
The new backhoe will require routine maintenance to ensure proper function. This maintenance is not expected to exceed $1,000 per year and can be sufficiently covered by the Department's operating budget.

TDA
366
PAGE 286 of 294
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
DATE: October 11, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. O-23-1406 (SECOND
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”)
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 287 of 294
“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 designated for use as a residential hotel, as defined in Health and Safety Code Section 50519.

PAGE 288 of 294
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. On September 29, 2023, the City Council conducted a public hearing to review and take public comment on the Ordinance and voted (3-1) to introduce the Ordinance for first reading.

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 289 of 294

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 adopt Ordinance No. O-23-1405. If the City Council concurs with staff’s recommendation an appropriate motion would be:
“I move to adopt 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. Ordinance No. O-23-1406 (Draft)
PAGE 290 of 294
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 on September 29, 2023, was duly given and published in the time, form, and manner as required by law; and WHEREAS, on October 11, 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 29, 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.

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 PAGE 291 of 294
2 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.

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 11th day of October 2023.

PAGE 292 of 294
3 ________________________

STEVE TALT, MAYOR
ATTEST:
_________________________

ALISON WALKER, CITY CLERK
APPROVED AS TO FORM:
____________________________

JOSEPH MONTES

CITY ATTORNEY

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF SAN MARINO )
I HEREBY CERTIFY that the foregoing City of San Marino Ordinance No. O-23-1406 was introduced and read by title at a Adjourned Meeting of the San Marino City Council held on the 29th day of September, 2023, and was adopted on second reading at a meeting of the City Council held on the 11th day of October, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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4 ____________________________

ALISON WALKER, CITY CLERK
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