AGENDA – OCTOBER 27, 2023 PAGE 1 of 78
CITY OF SAN MARINO
CITY COUNCIL AGENDA
Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
Philippe Eskandar, City Manager
www.CityofSanMarino.org
(626) 300-0700 Phone
City Hall Council Chamber
2200 Huntington Drive
San Marino, CA 91108
ADJOURNED REGULAR MEETING OF THE
SAN MARINO CITY COUNCIL
FRIDAY, OCTOBER 27, 2023 AT 9:30 AM
BARTH ROOM CROWELL PUBLIC LIBRARY
1890 HUNTINGTON DRIVE
SAN MARINO, CA 91108
The City of San Marino appreciates your attendance. Citizens’ interest provides the Council with valuable information regarding issues of the community.
Regular meetings are held on the 2nd Wednesday of every month at 6:00 p.m. Typically, adjourned meetings are held on the last Friday of every month at 8:30 a.m.
In compliance with the Americans with Disabilities Act, any person with a disability who requires a reasonable modification or accommodation in order to participate in a meeting should contact the City Clerk via email at [email protected] or by phone at (626) 300-0705 prior to the meeting for assistance.
The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties with Zoom. The City will do it’s best to resolve any technical issues as quickly as possible.
How to view or listen to the meeting from home:
Visit www.CityofSanMarino.org/Zoom
How to offer public comment from home:
Public comment will be accepted by email to [email protected] until 3:00 p.m. the day before the meeting, to be read by the City Clerk during public comment. Lengthy public comment may be summarized in the interest of time, and previously distributed public comment will be noted. Any comments received after AGENDA – OCTOBER 27, 2023 PAGE 2 of 78
3:00 p.m. will be included in the public comment record but will not be read at the meeting.
Public comment will be accepted electronically via the zoom.us teleconference module during the meeting. Zoom comments will be taken after the in-person comments.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Member Chou, Council Member Lo, Council Member Shepherd Romey, Vice Mayor Huang, and Mayor Talt
POSTING OF AGENDA
The agenda is posted 72 hours prior to each meeting at the following locations: City Hall, 2200 Huntington Drive, the Crowell Public Library, 1890 Huntington Drive, and the Stoneman Building, 1560 Pasqualito Drive. The agenda is also posted on the City’s website:
http://www.cityofsanmarino.org.
PUBLIC COMMENTS
The City welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. At this time, the public may address the City Council on items that are not on the agenda.
Pursuant to state law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). The Mayor reserves the right to place limits on duration of comments. Staff may be asked to follow up on such items.
PRESENTATION
2023 SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS UPDATE
PUBLIC HEARINGS
1. PUBLIC HEARING TO CONSIDER AN EXTENSION TO AN URGENCY
INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE
INSTALLATION OF ARTIFICAL TURF AND SYNTHETIC GRASS
PURSUANT TO CALIFORNIA CODE SECTION 65858
AGENDA – OCTOBER 27, 2023 PAGE 3 of 78
Recommendation: Staff recommends the City Council conduct a public hearing and then adopt Urgency Ordinance No. O-23-1410-U, by a four-fifths vote, extending the existing moratorium. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Urgency Ordinance No. O-23-1410-U, an Urgency Interim Ordinance of the City Council of San Marino Extending the Term of Ordinance No. O21-1385-U, Establishing a Temporary Moratorium on the Installation of Artificial Turf and Synthetic Grass in the City of San Marino.”
NEW BUSINESS
2. APPROVAL OF RESOLUTION R-23-28 ADOPTING THE COMMUNITY
CALENDAR APPROVAL POLICY
Recommendation: Staff recommends the Council approve Resolution R-23-28 and adopt the Community Calendar Approval Policy. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve Resolution R-23-28 and adopt the Community Calendar Approval Policy.”
3. APPROVAL OF RESOLUTION R-23-27 ADOPTING THE LACY PARK
CLOSURE FOR MAJOR EVENTS POLICY
Recommendation: Staff recommends the Council approve the Lacy Park Closure for Major Events Policy. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
”I move to approve Resolution R-23-27 adopting the Lacy Park Closure for Major Events Policy.”
4. ADOPTION OF REVISIONS TO THE CITY STREET TREE POLICY AND
PROCEDURES AMENDING THE REMOVAL PROCESS
Recommendation: Staff recommends the Council adopt the recommended revisions to the City’s Street Tree Policy and Procedures. If the City Council concurs, an appropriate motion would be:
“I move to adopt the recommended revisions to the City’s Street Tree Policy and Procedures”
5. SAN MARINO COMMUNITY CENTER FACILITY USE FEES FOR
COMMUNITY & NOT-FOR-PROFIT GROUPS
Recommendation: Staff requests that the City Council provide direction regarding the Group A user fees for the San Marino Community Center.
Should the City Council wish to set the Group A user fees for the San Marino Community Center based on a cost of service model as presented in Attachment 1, AGENDA – OCTOBER 27, 2023 PAGE 4 of 78
an appropriate motion would be:
“I move to adopt Resolution No. R-23-29 amending Resolution No. R-21-10 to include revised Section 12 of the Community Services Department’s Schedule of Fees for Service for FY 2023-24.”
CONSENT CALENDAR
6. APPROVAL OF REQUEST TO CLOSE THE LIBRARY ON MARCH 15-16, 2024 AND WAIVE APPLICABLE FEES FOR SAN MARINO PUBLIC
LIBRARY FOUNDATION’S FUNDRAISER EVENT, DELICIOUS
DESTINATIONS
Recommendation: Staff recommends the Council approve the closure of the Library on March 15-16, 2024, and waive applicable fees, for the purpose of holding the San Marino Public Library Foundation’s Delicious Destinations event. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the closure of the Crowell Public Library on March 15-16, 2024, and waive applicable fees, for the purpose of holding the San Marino Public Library Foundation’s Delicious Destinations event.”
7. APPROVAL OF NOTICE OF COMPLETION FOR YEAR 1 OF THE ANNUAL SIDEWALK REPLACEMENT PROGRAM PROJECT NO. 22-9272
Recommendation: Staff recommends the City Council accept Year 1 of the Multi-Year Sidewalk Replacement Program as complete and authorize the City Clerk to file the Notice of Completion. If the City Council concurs, an appropriate motion would be:
“I move to accept Year 1 of the Multi-Year Sidewalk Replacement Program Project No. 22-9272 performed by CJ Concrete Construction, Inc., as complete, and authorize the City Clerk to file the Notice of Completion.”
8. ADOPTION OF ORDINANCE NO. O-23-1407 (SECOND READING) AMENDING MUNICIPAL CODE SECTIONS 23.02.14 AND 23.15.04.1 TO
ALLOW MINISTERIAL APPROVAL WHEN RECONFIGURING SPACE
WITHIN AN EXISTING DWELLING UNIT IN THE SINGLE-FAMILY (R-1)
ZONE TO CREATE NO MORE THAN TWO ADDITIONAL BEDROOMS
Recommendation: Staff recommends the Council adopt Ordinance No. O-23-1407. If the City Council concurs with staff’s recommendation an appropriate motion would be:
“I move to adopt Ordinance No. O-23-1407, an Ordinance of the San Marino City Council amending San Marino Municipal Code Sections 23.02.14 and 23.15.04.01 to implement Assembly Bill 916 by allowing ministerial approval when reconfiguring space within an existing residential dwelling unit in the single-family (R-1) zone to create no more than two additional bedrooms.”
AGENDA – OCTOBER 27, 2023 PAGE 5 of 78
WRITTEN COMMUNICATIONS OR PUBLIC WRITINGS DISTRIBUTION
This is an opportunity to announce any written communications pertaining to the City received by members of the City Council. All public writings distributed by the City of San Marino to at least a majority of the City Council regarding any item on this agenda will be made available at the Public Counter at City Hall located at 2200 Huntington Drive, San Marino, California 91108, and will also be included in the public agenda packet that will available for review at the City Council meeting.
PUBLIC COMMENTS
FUTURE AGENDA ITEMS
ADJOURNMENT
Posted: ALISON WALKER
CITY CLERK
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
DATE: October 27, 2023
SUBJECT: PUBLIC HEARING TO CONSIDER AN EXTENSION TO AN
URGENCY INTERIM ORDINANCE ESTABLISHING A
MORATORIUM ON THE INSTALLATION OF ARTIFICAL
TURF AND SYNTHETIC GRASS PURSUANT TO
CALIFORNIA CODE SECTION 65858
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Attractive, Complementary Business District
Beautiful, Preserved, Single-Family Neighborhoods
Efficient, Responsive, and Effective City Services
Engaged and Connected Residents
Safe Community
Well-Maintained Infrastructure
BACKGROUND
Due to concerns expressed by the community in regards to the installation of artificial turf on existing single-family residential properties, especially in light of recent activity and the potential for additional unregulated installations, the City Council adopted an interim urgency moratorium on the installation of artificial turf and synthetic grass. Under Government Code section 65858, such a moratorium can be adopted on an urgency basis, provided that the initial ordinance only lasts for 45 days. Thereafter, an extension can be adopted provided that a public hearing is held and a report is issued at least 10 days prior to the public hearing.
Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 6 of 78
DISCUSSION
The extension ordinance would extend the moratorium for an additional ten months and fifteen days—the period provided for in Government Code section 65858. This extension would allow City staff the time to research and prepare a permanent ordinance regulating artificial turf and synthetic grass for Planning Commission and City Council consideration.
Note that existing law restricts a City from prohibiting the installation of synthetic grass and artificial turf. As a consequence, many cities have adopted regulations concerning amount of lot coverage, type of product, etc. However, Senate Bill 676 (Allen) was signed into law by the Governor on October 8, 2023 and will take effect January 1, 2024. This legislation removes the restriction in existing law and would now allow a city to prohibit the installation of artificial turf and synthetic grass on residential property.
FISCAL IMPACT & PROCUREMENT REVIEW
Apart from the reallocation of staff resources needed to address this matter, there is no new financial impact.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council conduct a public hearing and then adopt Urgency Ordinance No. O-23-1410-U, by a four-fifths vote, extending the existing moratorium. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Urgency Ordinance No. O-23-1410-U, an Urgency Interim Ordinance of the City Council of San Marino Extending the Term of Ordinance No. O-21-1385-U, Establishing a Temporary Moratorium on the Installation of Artificial Turf and Synthetic Grass in the City of San Marino.”
ATTACHMENTS
1. Original Moratorium Ordinance No. O-23-1408-U
2. Extension Ordinance No. O-23-1410-U
3. 10 Day Report
4. SB 676
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PAGE 8 of 78
PAGE 9 of 78
PAGE 10 of 78
PAGE 11 of 78
4893-7035-5336 v1
ORDINANCE NO.
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN MARINO EXTENDING THE TERM OF ORDINANCE
NO O-21-1385-U, ESTABLISHING A TEMPORARY MORATORIUM ON
THE INSTALLATION OF ARTIFICIAL TURF AND SYNTHETIC GRASS
IN THE CITY OF SAN MARINO
THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN
AS FOLLOWS:
SECTION 1. RECITALS
WHEREAS, the City of San Marino (“City”), currently does not regulate the design, installation or use of artificial turf and synthetic grass within the City; and WHEREAS, under the police powers granted to it by the California Constitution, the City has the authority to enact laws to promote the health, safety, and general welfare of its residents; and WHEREAS, Government Code section 53087.7 currently grants the City the authority to enact reasonable restrictions on the type of artificial turf and synthetic grass that may be installed on residential property, and the method of its installation, but prohibits the City from banning the installation of artificial turf and synthetic grass; and WHEREAS, SB 676 would allow the city to completely ban the installation of artificial turf and synthetic grass on residential property in recognition of the health and safety impacts that unregulated artificial turf and synthetic grass pose to the City and its residents; and WHEREAS, it is known to the City that certain types of artificial turf and synthetic grass create impenetrable barriers which prohibit or severely limit the absorption of ground water, and when unmitigated, create the serious risk of overwhelming the capacity of the City's stormwater drainage system that has been designed under flow analysis, projections, and assumptions that did not take into account impermeable artificial turf and synthetic grass being installed throughout the City; and
WHEREAS, numerous studies, including an on-going study by the California Office of Environmental Health Hazard Assessment, have identified that artificial turf and synthetic grass contain a wide range of chemicals depending on their source materials, which have the capability to leach into the environment and cause irreparable damage to the City' ecosystem and watershed; and
WHEREAS, there are additionally other unknown health impacts that artificial turf and synthetic grass pose to residents, especially children, given the wide-ranging types of chemicals found in artificial turf and synthetic grass, including chemicals that are known to be toxic and cause cancer, and left completely unregulated, the discharge of such chemicals could pose health risks to residents; and
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4893-7035-5336 v1
WHEREAS, based on the findings above, the continued unregulated installation of artificial turf and synthetic grass poses a current and immediate threat to the public health, safety, and welfare of the residents of the City, necessitating a continued temporary moratorium on the installation of artificial turf and synthetic grass within the City; and WHEREAS, to allow time for the City to consider, study, and enact appropriate regulations related to the installation of artificial turf and synthetic grass, including potentially a prohibition, it is necessary to temporarily prohibit the installation of artificial turf and synthetic grass within the City, to avoid conflict with any anticipated ordinance that shall be developed and presented to the City Council within a reasonable time; and
WHEREAS, under Government Code section 65858, the City is expressly authorized to extend adopt by a four-fifths vote after a public hearing, an interim ordinance prohibiting any uses that might be in conflict with, among other things, the anticipated ordinance regulating artificial turf and synthetic grass that the City Council intends to enact following appropriate study within a reasonable time.
SECTION 2. FINDINGS
This Interim Ordinance is declared by the City Council to be necessary to address the current and immediate threat to public health, safety and welfare based upon all the findings set forth and recited above, in the accompanying staff report, and the entirety of the record before the City Council, including any comments made at the October 27, 2023 City Council meeting.
SECTION 3. PROHIBITED USE
For the period of this Interim Ordinance no artificial turf or synthetic grass shall be installed within the City of San Marino. This temporary moratorium shall apply to all land-use zones in the City.
SECTION 4. AUTHORITY
This Interim Ordinance is enacted in accordance with the authority granted by Government Code section 65858.
SECTION 5. CEQA.
The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines. State CEQA Guidelines Section 15061(b)(3) provides that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA, as in instances such as these where the regulation is only temporary in nature.
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4893-7035-5336 v1
SECTION 6. EFFECTIVE DATE; TERM
Upon adoption by four-fifths of the City Council, this Interim Ordinance shall be in full force and effect and shall extend the term of Ordinance No. O-21-1385-U, to and through September 12, 2024.
SECTION 7. PUBLICATION
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.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of San Marino held on October 27, 2023.
Mayor
ATTEST:
City Clerk
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4866-6306-3432 v1
10 DAY REPORT ON THE CITY OF SAN MARINO’S TEMPORARY MORATORIUM
PROHIBITING THE INSTALLATION OF ARTIFICIAL TURF AND SYNTHETIC
GRASS IN THE CITY OF SAN MARINO
BACKGROUND
On September 13th, 2023, the City Council adopted Ordinance No. O-21-1385-U, AN
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARINO,
CALIFORNIA, ESTABLISHING A TEMPORARY MORATORIUM ON THE
INSTALLATION OF ARTIFICIAL TURF AND SYNTHETIC GRASS IN THE CITY OF SAN MARINO.
As detailed in the Ordinance and accompanying staff report, the Council has expressed some concern about the potential proliferation of artificial turf and synthetic grass in the City. Existing State law limits a city’s ability to regulate such materials, notwithstanding their aesthetic, health and environmental concerns. Accordingly, the Council adopted the temporary moratorium ordinance to research appropriate regulations concerning lot coverage ratios, preferred materials, potential health impacts and environmental concerns and then return with proposed regulations for such materials.
Since the passage of the temporary moratorium, SB 676 was adopted which would allow a city to prohibit artificial turf and synthetic grass on residential property.
UPDATE ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED
TO THE ADOPTION OF THE URGENCY ORDINANCE
1. City staff intends to further research the impacts on the City and its various neighborhoods of allowing the continued use of artificial turf and synthetic grass versus prohibiting the installation of same.
2. Staff plans to research potential regulations that could address the impacts identified after further study, as well as review uses on commercial properties in addition to residential properties.
3. After concluding the research and development of alternatives, staff intends to prepare revised regulations for artificial turf and synthetic grass, including potentially an outright prohibition, with further direction from the Council.
4. Once proposed permanent regulations are developed, staff intends to take a permanent ordinance with proposed standards to the Planning Commission for public hearing and review, and then to the City Council.
5. An extension of the interim ordinance is needed to accommodate the processing of a permanent ordinance. The extension will be for a period of ten (10) months and fifteen (15) days or until a permanent change to the interim ordinance is adopted, whichever comes first.
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Senate Bill No. 676
CHAPTER 498
An act to amend Section 53087.7 of the Government Code, relating to local government.
[Approved by Governor October 8, 2023. Filed with Secretary of State October 8, 2023.]
legislative counsel’s digest
SB 676, Allen. Local ordinances and regulations: drought-tolerant landscaping.
Existing law prohibits a city, including a charter city, county, and city and county, from enacting or enforcing any ordinance or regulation that prohibits the installation of drought-tolerant landscaping, synthetic grass, or artificial turf on residential property, as specified.
This bill would instead prohibit a city, including a charter city, county, or city and county from enacting or enforcing any ordinance or regulation that prohibits the installation of drought-tolerant landscaping using living plant material on residential property. The bill would specify that drought-tolerant landscaping does not include the installation of synthetic grass or artificial turf.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The people of the State of California do enact as follows:
SECTION 1. Section 53087.7 of the Government Code is amended to read:
53087.7. (a) A city, including a charter city, county, or city and county, shall not enact any ordinance or regulation, or enforce any existing ordinance or regulation, that prohibits the installation of drought-tolerant landscaping using living plant material on residential property.
(b) For the purposes of this section, “drought-tolerant landscaping” shall not include the installation of synthetic grass or artificial turf.
SEC. 2. The Legislature finds and declares that the prolonged drought, along with climate change, requires the state to address water conservation goals that will have long-term impacts in this state. The Legislature further finds and declares that drought-tolerant landscaping is a viable landscaping alternative that will further the goal of addressing long-term water conservation. Therefore, allowing property owners in this state to install drought-tolerant landscaping on their residential properties is a matter of 96 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
PAGE 16 of 78
statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 53087.7 of the Government Code applies to all cities, including charter cities.
O
96 Ch. 498 — 2 —
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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Nicole Tibbet, Community Engagement Manager
DATE: October 27, 2023
SUBJECT: APPROVAL OF RESOLUTION R-23-28 ADOPTING THE
COMMUNITY CALENDAR APPROVAL POLICY
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Engaged and Connected Residents
Inviting and Relevant City Facilities
BACKGROUND
San Marino is a community filled with opportunities for residents to connect with one another. These opportunities have become increasingly important post-COVID-19 pandemic as many residents looked for ways to meet new neighbors and experience fellowship with one another.
In January 2023, Mayor Talt gave his State of the City address in which he set a goal for the City to have a centralized Community Calendar. The Community Calendar would be an open resource for everyone in the community to see scheduled events that are open to all. While the City website and Weekly Briefing already exist as tools to house and promote a Community Calendar, a policy that outlines the type of events that are acceptable for City promotion needed to be written.
DISCUSSION
Staff surveyed 12 additional cities to inquire about their requirements for posting non-city events on city-owned media. The results yielded three cities that responded with their full policy, and additional cities that had posted criteria for their calendars. Using a combination of proven policy elements and Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 18 of 78
staff knowledge, the proposed Community Calendar Approval Policy (Exhibit A of Attachment 1) was drafted.
This policy provides guidance to employees on the events that are allowed to be published on the Community Calendar. Publishing guidelines for these events have no relation to any required permit(s) for these events, nor do they guarantee that required permits will be issued for said events, this calendar is meant purely to be a cohesive space where all events in the community can be advertised.
The policy aims to ensure that the events promoted using City resources are of community value and not for personal gain or diminishment of any group or person. The purpose of the City of San Marino’s Community Calendar is to provide information on events that allow residents to connect to each other, culture, entertainment, and education events within the City. While the City cannot ensure that every organization will participate in the calendar, it is the hope that it will become a staple resource for community event information.
FISCAL IMPACT & PROCUREMENT REVIEW
Apart from the staff time necessary to maintain the Community Calendar and respond to requests related therein, there is no anticipated fiscal impact associated with this agenda item.
There is no fiscal impact or procurement review for this item.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the Council approve Resolution R-23-28 and adopt the Community Calendar Approval Policy. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve Resolution R-23-28 and adopt the Community Calendar Approval Policy.”
ATTACHMENTS
1. DRAFT Resolution R-23-28 Adopting the Community Calendar Approval Policy
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RESOLUTION NO. R-23-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO, CALIFORNIA ADOPTING THE COMMUNITY CALENDAR
APPROVAL POLICY
WHEREAS, it is best practice to adopt policies by Council-passed resolution to track the approval of adoption and amendments; and
WHEREAS, hosting a Community Calendar on the City’s website requires an approval policy for transparency to the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Marino, California as follows:
SECTION 1. That the attached Exhibit A: City of San Marino Community Calendar Approval Policy, dated October 2023, be adopted.
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 27th day of October, 2023. ________________________________
STEVE TALT, MAYOR
ATTEST:
_______________________
ALISON WALKER
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SAN MARINO )
I, ALISON WALKER, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-23-28 was adopted by the City Council of the City of San Marino at a Regular Adjourned Meeting held on the 27th day of October, 2023, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________
ALISON WALKER
CITY CLERK
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Exhibit A
City of San Marino Community Calendar Approval Policy
PAGE 22 of 78
City of San Marino
Community Calendar Approval Policy
Approved by the City Council on October XX, 2023
PAGE 23 of 78
1. Introduction
a. The purpose of the City of San Marino’s Community Calendar is to provide information on events that allow residents to connect to each other, culture, entertainment, and education events within the City.
b. The intent of this policy is to provide guidance to employees on the events that are allowed to be published on the Community Calendar. Publishing guidelines for these events have no relation to any required permit(s) for these events, nor do they guarantee that required permits will be issued for said events.
c. The City reserves the right to remove any event that is deemed in violation of this policy or any applicable law.
d. All events submitted to the Community Calendar are subject to public disclosure under applicable law.
e. The Community Calendar is not a public forum, nor is it intended to be a comprehensive list of City events or meetings.
2. Definitions
a. Community Calendar – a feature on the City of San Marino’s website that allows the City to communicate the dates of events for informational purposes to the general public. b. Co-Sponsorship – An event shall be considered Co-Sponsored by the City if the City is providing any direct monetary or in-kind support (i.e. staffing, advertising, waiver of fees, etc.) or other means of partnership as determined by the City Council. c. Governmental Agency-Sponsored Events – Events that are sponsored by other governmental agencies that also service the City of San Marino and its residents (i.e. other local elected officials, Los Angeles County, etc.).
d. Privately Produced Events for the Public – Any event that is sponsored by an entity (organization or person) that is not that City but the event is open to the general public.
3. Criteria for Publishing Events to the Community Calendar a. City of San Marino organized events are eligible for posting to the Community Calendar.
Since the calendar is not meant to be an exhaustive list of all programs and meetings in the City, the Community Calendar may only feature major events hosted by the City such as 4th of July, the Great Egg Hunt, Concerts in the Park, etc.) b. City Co-Sponsored events are eligible for posting to the Community Calendar. c. Governmental agency-sponsored events are eligible for posting to the Community Calendar.
d. Privately produced events are eligible for posting to the Community Calendar provided they meet the following criteria:
i. The event is open to all San Marino residents. Charging for entry or participation is allowed.
ii. The event allows residents to connect to each other, culture, entertainment, and/or education.
iii. The event takes place within the City limits.
1. Reasonable exceptions to this requirement may be granted by the City Manager.
iv. The event is organized by a San Marino-based business or organization.
4. Disqualifying Criteria for Event Publishing
a. The following criteria will disqualify events from publication to the Community Calendar:
i. Events whose primary purpose is political and/or religious in nature.
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1. Sponsorship or participation of a religious institution or elected official does not, by itself, make it ineligible for publication (i.e, an otherwise eligible carnival would not be disqualified for taking place at a church, or an otherwise presentation on resources would not be disqualified for being sponsored by an elected official).
ii. Events whose primary purpose is to promote the commercial interest of a specific business or person (i.e. sidewalk sales, garage or estate sales, etc.). iii. Events that promote or disparage a specific political belief or activity. iv. Events that promote or disparage a specific religious belief or activity. v. Events that promote discrimination or hate of any kind. vi. Events that promote illegal activity.
vii. Events that violate any law or do not have the proper permitting. viii. Events that promote or contain profane, obscene, violent or pornographic content.
5. Procedures
a. City staff will create and maintain a submission form for organizations and residents to submit events. All submitted events will be reviewed by City staff to ensure that the entries meet the criteria in this policy.
b. The City of San Marino may moderate submitted content for grammar, clarity, and calendar visibility.
c. City staff will remove or edit a posted event if notified by the submitting organization of changes or cancelation.
d. City staff may remove an event from the calendar if it has been modified in such a way that it no longer meets the eligible criteria.
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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Nicole Tibbet, Community Engagement Manager
DATE: October 27, 2023
SUBJECT: APPROVAL OF RESOLUTION R-23-27 ADOPTING THE
LACY PARK CLOSURE FOR MAJOR EVENTS POLICY
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Engaged and Connected Residents
Fiscally Responsible and Transparent City Government
Inviting and Relevant City Facilities
Safe Community
BACKGROUND
Lacy Park is a beloved resource for the community and is home to many recreational events and activities. Traditionally, smaller events (50 people or less with simple activity taking place) are managed through space reservations, permitted by Community Services staff, while larger events (more than 50 people, with complex activity taking place) require a Special Event Permit from the City Manager’s Office. Additionally, events that are requesting fundraising or waiving of any applicable fees, must also have City Council approval for such exemptions.
In the past two years, following the COVID-19 Pandemic, we have seen an increase in the popularity of signature events at Lacy Park, as well as an increased interest from new events to use Lacy Park as a venue. In an effort to streamline the processing of these requests for staff, and preserve normal park use and operations as much as possible for residents, the City Council requested a policy be brought forward to better define the approval process for large-scale events.
Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
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Staff assessed the current slate of events that takes place annually at Lacy Park, the City facility-use policies of other cities, and the feedback from the community in considering a policy that would meet our unique needs.
DISCUSSION
The San Marino Municipal Code (SMMC) defines the requirements and process for permitting Special Events in the R1 zone. However, for special events that take place at Lacy Park, the SMMC only broadly provides the City Manager the authority to “Approve applications to close all or a portion of the park for special/community events pursuant to City Council policy and fees established by resolution” (SMMC 17.03.03).
The proposed Lacy Park Closure for Major Events Policy (Exhibit A of Attachment 1) provides a framework to approve events that require full or partial closure of Lacy Park and/or request any direct monetary, in-kind (i.e. staffing, advertising, waiver of fees, etc.) support or other means of partnership from the City. If approved, the City would move to an annual calendar approval by City Council for weekend events in Lacy Park. The City Council would consider any requests for Co-Sponsorship at that same time as well. Co-Sponsorship shall be at the sole discretion of the City Council, but will generally be limited to those events that have historically been held at Lacy Park, or that the City could undertake itself, or to groups that provide a service to the City's residents that supplement the City's services to its residents.
Approved co-sponsorship of the event will allow organizations to then submit a Special Event Application with staff, who will then conduct a full review of the elements to ensure they meet all required aspects of City code. This process creates a fair and transparent means for organizations to still bring forward events that are of benefit to the community without overwhelming the normal use of the park and limiting the number of requests that staff would need to continually accommodate throughout the year.
As with any policy, regular reviews and updates will be conducted as we continue to adapt our Special Event Policy for Lacy Park and across the City.
FISCAL IMPACT & PROCUREMENT REVIEW
There is no direct fiscal impact or procurement review.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
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RECOMMENDATION
Staff recommends the Council approve the Lacy Park Closure for Major Events Policy. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
”I move to approve Resolution R-23-27 adopting the Lacy Park Closure for Major Events Policy.”
ATTACHMENTS
1. DRAFT Resolution R-23-27 Adopting the Lacy Park Closure for Major Events Policy
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RESOLUTION NO. R-23-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO, CALIFORNIA ADOPTING THE LACY PARK CLOSURE FOR
MAJOR EVENTS POLICY
WHEREAS, the San Marino Municipal Code (SMMC) defines the requirements and process for permitting Special Events in the R1 zone. However, for special events which take place at Lacy Park, SMMC only broadly provides the City Manager the authority to “approve applications to close all or a portion of the park for special/community events pursuant to city council policy and fees established by resolution.” (SMMC 17.03.03); and WHEREAS, a policy for Lacy Park closure for special event purposes provides transparency to the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Marino, California as follows:
SECTION 1. That the attached Exhibit A: City of San Marino Lacy Park Closure for Major Events Policy, dated October 2023, be adopted.
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 27th day of October, 2023. ________________________________
STEVE TALT, MAYOR
ATTEST:
_______________________
ALISON WALKER
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SAN MARINO )
I, ALISON WALKER, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-23-27 was adopted by the City Council of the City of San Marino at a Regular Adjourned Meeting held on the 27th day of October, 2023, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________
ALISON WALKER
CITY CLERK
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Exhibit A
City of San Marino Lacy Park Closure for Major Events Policy PAGE 31 of 78
City of San Marino
Lacy Park Closure for Major Events Policy
Approved by the City Council on October XX, 2023
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1. Introduction
a. The San Marino Municipal Code (SMMC) defines the requirements and process for permitting Special Events in the R1 zone. However, for special events which take place at Lacy Park, the SMMC only broadly provides the City Manager the authority to “approve applications to close all or a portion of the park for special/community events pursuant to city council policy and fees established by resolution.” (SMMC 17.03.03) b. In order to preserve normal park use and operations as much as possible for residents, this policy seeks to prioritize Lacy Park as a resource for all residents to enjoy rather than for exclusive use by one organization.
2. Definitions
a. Special Events Requiring Full Closure of Lacy Park – Events that request limited entry to the park based on ticketed or “invite only” admission to the event. This can be requested by the organization or deemed necessary by the City Manager based on the activity being conducted at the event.
b. Special Events Requiring Partial Closure of Lacy Park - Events where the requesting organization is not requesting limited entry to the park but either (1) the activity being proposed disturbs normal use of part of the park functions (I.E. organized running/walking of 50 or more people, three or more park rental spaces being used in combination, specific parking requested for event participants, etc.) and/or (2) the expected attendance would heavily impact the ability of normal levels of staff to run the park effectively (I.E. operate the entrance booth on weekends, service restroom facilities, service trash receptacles, etc.). These events require the City Manager to close off parts of the park to facilitate the special event use.
c. Co-Sponsorship – An event shall be considered Co-Sponsored by the City if the City is providing any direct monetary, in-kind (i.e. staffing, advertising, waiver of fees, etc.) support or other means of partnership. Co-Sponsorship shall be in the sole discretion of the City Council, but will generally be limited to those events that have historically been held at Lacy Park, or that the City could undertake itself, or to groups that provide a service to the City's residents that supplement the City's services to its residents.
3. Approval of Events at Lacy Park
a. Special Events requested by organizations requiring full or partial closure on weekends (Saturday or Sunday) or holidays observed by the City of San Marino. i. These events shall only be permitted with approved Co-Sponsorship from the City of San Marino.
ii. Co-Sponsorship of events will specify the permissions for the following:
1. Waiver of rental and/or staff fees
2. Ability to fundraise at the event
3. Waiver of admission fees for non-residents on weekends iii. Co-sponsorship of weekend or holiday special events shall be approved by the City Council on an annual calendar basis. Applications for the following calendar year will be available for organizations to request tentative dates for their events, the City Council will then approve a calendar of Co-Sponsored Events prior to, or as close as possible to the beginning of the upcoming calendar year. iv. The City Council will take into consideration the full year of proposed events with the priority to limit weekend or holiday major events at Lacy Park to an average of one event per month, inclusive of City hosted major events.
1. City-hosted major events will have priority over outside organization requests.
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v. Approved Co-Sponsored Events still require a Special Event Permit. Staff will conduct a regular review of a Special Event Permit Application and issue a permit consistent with all of the requirements of SMMC.
b. Special Events requested by organizations requiring full or partial closure on weekdays. i. These events shall only happen with approved Co-Sponsorship from the City of San Marino.
ii. Co-Sponsorship of events will specify the permissions for the following:
1. Waiver of rental and/or staff fees
2. Ability to fundraise at the event
iii. Co-sponsorship of weekday events in Lacy Park can be approved by the City Manager for up to two (2) events a month for San Marino-based organizations/groups.
iv. Approved Co-Sponsored Events still require a Special Event Permit. Staff will conduct a regular review of a Special Event Permit Application and issue a permit consistent with all of the requirements of SMMC.
c. City of San Marino hosted events in Lacy Park
i. Events hosted by City of San Marino departments and staff are not subject to CoSponsorship approval in order to close or partially close Lacy Park.
4. Limitations to Co-Sponsorship Requests
a. Events that have an entrance fee or participation cost component are not eligible to request the waiving of rental or facility space.
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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director
DATE: October 27, 2023
SUBJECT: ADOPTION OF REVISIONS TO THE CITY STREET TREE
POLICY AND PROCEDURES AMENDING THE REMOVAL
PROCESS
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Beautiful, Preserved, Single-Family Neighborhoods
Safe Community
Well-Maintained Infrastructure
BACKGROUND
In September of 2016, the City Council adopted the Street Tree Policy and Procedures to help inform decisions made regarding the planting, trimming, removal, maintenance, and general management of the City’s urban forest.
The City Council subsequently approved revisions to the policy in both October 2018 and April 2019 that required proposed public tree removals be approved by the City Council.
The California Joint Powers Insurance Authority (CJPIA) oversees risk management for numerous cities in southern California, including San Marino.
As part of their role with the City, CJPIA routinely reviews City policies to help proactively manage risk. Based upon CJPIA’s review of the City’s Street Tree Policy, revisions to the policy are recommended to address liability concerns with the existing language.
DISCUSSION
The Department, working in conjunction with CJPIA, has prepared revisions to Section 7.1 Tree Removal Permit (see Attachment 1) to incorporate the Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
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following changes to the removal permit process:
1. Except in instances requiring immediate action for the protection of life or property, the Department will review with the City Council tree liaison(s), any proposed street tree removal with a DBH greater than 4- inches (heritage and Oak trees) or 6-inches (established trees) unless the tree removal is part of a City Council-approved capital improvement project.
2. The Director will submit a list of proposed street tree removals to the City Council tree liaison(s) for review and comment at least two times per year so that the liaison(s) can verify the accuracy of the list and confirm that the proposed removals are consistent with the requirements of this policy. The list will identify the tree location, reason for removal and relevant information, and data supporting each proposed removal.
3. The list will then be forwarded to the full City Council as an informational item, rather than an action item.
The only other proposed change is to Section 9.0 (Supervision) to ensure the Urban Forester is listed as the primary staff member to supervise tree planting.
FISCAL IMPACT & PROCUREMENT REVIEW
None
LEGAL REVIEW
The City Attorney has reviewed the staff report and proposed policy revisions.
RECOMMENDATION
Staff recommends the Council adopt the recommended revisions to the City’s Street Tree Policy and Procedures. If the City Council concurs, an appropriate motion would be:
“I move to adopt the recommended revisions to the City’s Street Tree Policy and Procedures”
ATTACHMENTS
1. Draft October 27, 2023 Street Tree Policy and Procedures (strikeout/underline version)
PAGE 36 of 78
City of San Marino
Parks and Public Works Department
STREET TREE POLICY AND PROCEDURES
September 1, 2016
Revised and Adopted by the City Council October 26, 2018 Revised and Adopted by the City Council April 10, 2019
Revised and Adopted by the City Council October 27, 2023 PAGE 37 of 78
Street Tree Policy And Procedures April 10, 2019October 27, 2023 TP-2
1.0 GENERAL PRESERVATION AND MANAGEMENT GUIDELINES
One of the most important aspects of preserving San Marino’s street trees is the ability to retain a managed population in terms of species, diversity, density and appropriateness.
The City will achieve this through proper planning and gradual reforestation efforts rather than through drastic deforestation and replacement measures. No healthy, living tree will be removed for the sole purpose of altering an area’s existing tree species composition.
Removal will conform to Section 7.0 of these guidelines.
1.1 Species Diversification and Density
A diversified population of tree species helps to guard against the negative impact of monocultures. Monocultures (large populations of a single tree species) may be ravaged during insect or disease epidemics. On the other hand, too diversified a population may create an unmanageable inventory of trees. Thus, as a means of controlling species variety, it is the goal of the City to retain a population of trees in which the optimum quantity of a single tree species should range between 0.5 and 10.0 percent of the total tree population.
1.2 Street Tree Management Plan (STMP)
The STMP will be based on an assessment of each street and the designated species chosen for that street to ensure that the right tree is planted in the right place based upon the following criteria:
a) Species hardiness. Based upon the tree’s adaptability to the region in terms of its resistance to diseases, pests, temperature extremes.
b) Drought Tolerance. Species that are more tolerant of long, dry periods are preferred.
c) Durability and wind resistance. Species that are not brittle by nature. d) Grow Space. Available parkway space relative to the expected tree trunk circumference and root flare at maturity.
e) Overhead clearance. The potential for conflicts between the tree’s canopy and overhead obstructions, such as utility lines, at the tree’s mature height. f) Character and basic design plan for the neighborhood. The general compatibility between the tree and its location.
g) Canopy and subsurface growth habits. Species that do not have invasive surface roots, extensive sucker production, or abundant fruit litter are preferred. h) Irrigation, drainage and soil qualities. Trees that do well under various irrigation and soil conditions are preferred.
i) General aesthetics and shading potential. Trees that provide some aesthetic benefits, such as flowers or attractive fall color, or trees that provide a good amount of shade are preferred.
j) Existing, traditional or native plant palettes. Species that already exist in a particular area, have traditionally or historically existed in that area, or are native to this region are preferred.
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k) Availability. Trees that are generally available in local nurseries are preferred.
Longer streets may have several alternate designated species in an effort to incorporate diversity into the street tree population to avoid the negative effect of species monoculture. Segments of some streets may be designed with a utility alternate that will be a species planted in locations where there exists overhead clearance conflicts or grow space limitations.
The STMP will be retained by the Department. This list identifies every public street in the City with the designated species and alternates for each street being denoted in both botanical and common names.
1.3 Inventory Administration
The Department will keep current an inventory of all City trees including detailed site characteristics and work histories for each tree. The inventory of City trees identifies species, DBH (diameter at breast height), height, canopy and adjacent hardscape.
When creating an inventory of trees, standard procedures will be used to ensure that they are done in a consistent and regular manner. The inventory includes street trees and trees in other public spaces such as parks and medians. Public access to view the inventory will be provided through the City’s website.
1.4 Street Tree Planting within Entitlement Process
Development projects will be required to plant street trees as a condition of approval where existing street trees are missing or in poor health. The spacing of trees and species are defined in the Department’s conditions of approval and the approved site plan for the project. The Department refers to the STMP for approved street trees and to coordinate the species planted with the street tree palette for the area.
Planting of Street trees will comply the latest edition of the Standard Plans for Public Works Construction (SPPWC) (“The Greenbook”) standards for tree planting and as amended by this policy (see Sections 4 and 10).
2.0 GUIDELINES FOR PLANTING NEW AND REPLACEMENT TREES
2.1 Basis for Planting Guidelines
The Department is responsible for the planting of all street trees and may delegate the actual planting of trees to contractors or property owners. The following guidelines have been developed to promote the health and safety of City trees from the time that they are planted through their maturity. These guidelines apply to all City trees that are to be planted.
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2.2 Season to Plant
Unless otherwise approved by the Director, all planting of trees will take place between November and April to take advantage of the dormant period for most trees and the cooler, wetter seasons of the year unless the work is proposed to occur during the bird nesting period (January through September). Consequently the Department will consult with an appropriate expert and if necessary prepare in accordance with California Environmental Quality Act guidelines an environmental document. Work that occurs during the bird nesting period may require the presence of an on-site biologist and may have to be suspended until nesting birds have abandoned their nest.
2.3 Planting Sites
It is the objective of the City to plant all viable vacant sites within City rights-of-way and to replace City trees that have been removed. Viability of planting sites is based upon the following criteria:
A. Spacing. There is adequate spacing present overhead, underground and radially to allow for the healthy, unimpeded growth of the tree to its mature size. Specific examples of spacing conditions that may make a site unsuitable for planting include inappropriate canopy room between existing trees, too close a proximity of a planting site to existing water, gas or sewer lines, potential for conflict with overhead power lines, or inadequate width of the location’s parkway for accommodating the tree’s girth.
B. Traffic Clearance. There is adequate line of sight visibility between normal vehicular or pedestrian traffic and necessary signage, street lights or views.
2.4 Tree and Plant Protection
It is the objective of the City to preserve and protect nearby trees and other plantings from damage that may occur during the planting or removal of other trees. The Department will employ the use of tree protection zones as specified in Section 10 and shall require private developers working in the City’s right-of-way to protect existing trees as specified herein.
3.0 (RESERVED)
4.0 TREE STOCK AND OTHER PLANTING MATERIALS
4.1 Nursery Stock Standards
The City will make every effort to ensure that it plants only vigorous, healthy trees that can be trained into an attractive natural form with strong roots and good crown development. The specifications for acceptable nursery stock are as follows:
a) All trees are to be true to type or botanical name as ordered or shown on planting plans.
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b) All trees should be a size equivalent to that of 15-gallon minimum (see Section 4.7 for size upgrades requested by the adjacent private property owner). This size tree has been found due to its age to be more resilient and vigorous growing when compared to larger trees, which are susceptible to shock and take longer to establish new growth.
c) All trees are to have a single and fairly straight trunk with a good taper and good branch distribution vertically, laterally and radially. d) All trees are to be healthy, have a form typical for the species or cultivar; be well rooted, and are property trained.
e) The root ball of all trees are to be moist throughout and the crown shall show no sign of moisture stress.
f) All trees shall comply with federal and state laws requiring inspection for plant diseases and pest infestations.
g) No tree shall be accepted that has been severely topped, headed back, pollarded or lion-tailed.
h) No tree shall be accepted that has co-dominant stems or excessive weak branch attachments that cannot be trained out without jeopardizing the natural form of the species.
i) No tree shall be accepted that is root bound, shows evidence of girdling or kinking roots, or having knees (roots) protruding above the soil.
4.2 Planting Material Standards
Unless otherwise approved by the Director, all street trees shall be planted using materials that meet the following criteria:
a) Tree Stakes. Provide 2 sturdy, 8-foot-long minimum lodge pole pine stakes. Stakes shall be placed on the outer edge of the root ball on either side of the tree, parallel to the curb or walkway, or perpendicular to prevailing winds (see SPPWC 518). b) Staking Ties. Staking ties shall be 16- to 18-inch-long rubber cinch ties fastened to each stake with galvanized roofing nails. Ties will be pulled loose enough to allow for free movement of the tree in the wind (see SPPWC 518). c) For other details see attached SPPWC standard plans.
4.3 Tree Planting Specifications
Street trees are to be planted in accordance with the SPPWC standard plan 518 and 520 with the following modifications:
a) Tree guying is not permitted (see SPPWC 518).
b) The use of root barriers will be determined on a case by case basis (see SPPWC 520).
c) Gravel-filled solid-wall pipes shall be substituted for perforated pipes to carry water to the root zone (see SPPWC 520).
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4.4 Site Cleanup after Planting
Work areas should be left in a condition equal to or better than that which existed prior to the commencement of planting operations. All debris should be cleaned up each day before the work crew leaves the site. All lawn areas are to be raked, all streets and sidewalks are to be swept, and all brush, branches, excess soil, rocks or other debris are to be removed from the site.
4.5 Watering Schedule
During the establishment period written notices will be mailed to adjacent private properties where the new tree(s) are located. The Department will water the new trees thoroughly to their root depth as frequently as needed. The minimum standards are as follows:
a) Tree Age 1 to 3 months in the ground: 4 times per month or as necessary. b) Tree Age 4 to 6 months in the ground: 2 times per month or as necessary. c) Tree Age 7 to 12 months in the ground: 1 time per month or as necessary.
The Department will monitor tree health during the establishment period and modify the water schedule listed above as necessary due to factors such as weather patterns and drought conditions to ensure maximum survivability of the new tree.
4.6 Training Young Trees
All newly planted trees will be placed on a written schedule to receive young tree maintenance immediately after planting. Properly trained trees will develop into structurally strong trees well suited for their surrounding environment. These trees should require little corrective pruning as they mature. Young trees that reach a larger mature size should have a sturdy, tapered trunk with well-spaced branches that are smaller in diameter than the trunk.
Every street tree should be scheduled for training at least once within the first 3 years after being planted as part of a young tree maintenance program (YTMP). The YTMP will include evaluating the overall condition of the tree, cleaning out of any dead wood and pruning the tree in such a manner as to develop good structure, checking to insure stakes and ties are removed in a timely manner from the young tree so as not to inhibit its development, and examining the watering basis to verify that the tree is receiving adequate water.
4.7 Tree Size Upgrades Requested by Property Owner
The Department will be open to increasing the size of the stock tree being planted in the parkway strip if requested by the adjacent private property owner. If the larger tree is determined to be feasible based on the STMP, the differential cost of labor and materials to plant a large tree and a 15-gallon tree of the same species shall be reimbursed by the private property owner in accordance with the City’s fiscal policies prior to installation of the larger tree.
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5.0 TREE PRUNING GUIDELINES
5.1 Frequency and Manner of Pruning
The Department is responsible for pruning of street trees. Street trees will be pruned on a regular basis using professionally accepted standards as established by the International Society of Arboriculture (ISA). They will be pruned in a manner to encourage good development while preserving their health, structure and natural appearance.
Topping, heading back, stubbing, lion tailing or pollarding of public trees is strictly prohibited.
Residents will be notified of any pruning projects affecting a City tree located in front of their home per Section 8.
5.2 Utility Clearance Pruning
Line clearing is performed by tree trimming companies under contract to Southern California Edison (SCE) who is to inform the Department of upcoming trimming work. The Department will inspect the location before trimming occurs to see if an alternative treatment to trimming or pruning can be used and make recommendations to SCE modify the trimming scope to reduce impacts on trees (especially palm trees). The Department will review the site after the work is performed to determine if the work by SCE has damaged or otherwise impacted the long-term health of the tree. Due to state utility regulations the authority for determining the appropriate trimming rests with SCE.
However, the City may seek to pursue claims against SCE if it is in the best interests of the City to seek damages or other compensation such as replacement trees.
5.3 Certified Arborist
All City-contracted tree companies are required to have in their employment a full-time, permanent certified arborist as accredited by the International Society of Arboriculture (ISA). This person shall be responsible for ensuring that the contractor’s crews are performing work according to City specifications and this policy.
The Department will have on-staff a certified arborist or employ an outside consultant to assist the Department in implementing this policy.
5.4 Pruning by Private Property Owner
San Marino parkway trees are a valuable asset to the City’s neighborhoods and conformance with this policy is paramount to ensure their long and healthy life.
Consequently, it is important to use the same standards of care if tree work is to be performed by others.
Private property owners may request to prune a City parkway tree with a private contractor in-between the 4 year pruning cycle used by the City. On a case-by-case basis, the Department may allow this pending a review of the subject tree, adjacent street trees, the proposed trimming plan and the next scheduled tree pruning/trimming operation.
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The property owner should submit an encroachment permit application that includes:
a) Name of the property owner.
b) The proposed contractor name and contact information with a copy of a valid C61/D-49 license and a City of San Marino business license. c) A pruning plan identifying the certified arborist who will be supervising the pruning and the proposed dates of the work.
d) All insurance documents specified by the encroachment permit. e) The encroachment permit fee was waived by the City Council on October 26, 2018.
Should an encroachment permit for pruning be approved, the property owner, their contractor and arborist, and Department personal shall meet on-site to review the scope of the pruning and other relevant matters for pruning within the public right-of-way per Sections 5, 9 and 10. Notification of the pruning to the neighborhood will be in accordance with Section 8.
6.0 TREE AND HARDSCAPE CONFLICTS
6.1 General Policy Regarding Tree and Hardscape Conflicts A sidewalk can be removed and replaced in a single day. A tree may take 20-70 years to reach a size where it damages the sidewalk. The sidewalk or curb will require repair whether the tree remains or not. The vested time and value of the tree prompts modifying the site to allow the tree to remain whenever practical. However, the tree in an improper growing site can cause hazards and recurring damages that cannot be corrected by modifying the growing site, and removal and replacement may be necessary. Because of the complexity of resolving tree-hardscape conflicts, the following guidelines will be employed to govern the decision-making process.
6.2 Inspection
If tree roots are the cause of hardscape damage, a certified arborist will be consulted to consider the size, species, structure/condition and external or environmental factors present that may support removal.
a) Size. Trunk size (DBH) and height should be noted in relation to the amount of structural roots that should remain to support the tree. b) Species. The species should be considered for its environmental suitability and its appropriateness to the site.
c) Structure and Condition. The tree should be inspected for stability: leaning and crown balance. The trunk should be checked for any cavities, signs of decay or insects that may cause instability (i.e., root rot, bores, termites). The condition of the foliage should be checked noting dieback, size and quantity of foliage, and anything that may indicate stress.
d) External or Environmental Factors. The growing space should be considered.
Check for adequate growing space. Note proximity to overhead utilities, water meters, and lines of sight for driveways, intersections and traffic signs. Note PAGE 44 of 78
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damage to private property such as uplifting sidewalks, driveways, retaining walls, structural damage to a house, etc.
6.3 Possible Remedies
The Director in consultation with a certified arborist will determine the how best to proceed with tree removal being the last resort.
7.0 STREET TREE REMOVAL
7.1 Tree Removal Permit Approval Process
Except in instances requiring immediate action for the protection of life or property, the Department will review with the City Council tree liaison(s), will obtain City Council’s approval prior to the removal of any street tree any proposed street tree removal with a DBH greater than 4-inches (heritage and Oak trees) or 6-inches (established trees) unless the tree removal is part of a City Council-approved capital improvement project.
The Director will submit a list of proposed street tree removals to the City Council tree liaison(s) for review and comment at least two times per year so that the liaison(s) can verify the accuracy of the list and confirm that the proposed removals are consistent with the requirements of this policy. The list will identify the tree location, reason for removal and relevant information, and data supporting each proposed removal. If the Council liaison agrees with the Department’s list, the list will be forwarded to the full City Council for action as a consent agenda item. Should the Council liaison not agree with the Department’s list, the list will be forwarded to the City Council for action as a new business item. Should the City Council not approve the tree removals, the Department will include those trees on a list of potential future removals. The list will then be forwarded to the full City Council as an informational item.
Preparation of an environmental document may be required for trees proposed to be removed during the bird nesting period.
7.2 Reasons for Tree Removal
Every effort will be made to maintain the health of the City’s trees and avoid tree removal.
However, the removal of a street tree street becomes necessary due to the following as determined in consultation with a certified arborist:
The tree is dead.
The tree has reached an over-mature condition and is in declining health that will result in its death within the year.
The tree is infected with a disease that cannot be treated successfully and/or there is a strong potential that the pathogen could spread to other trees in the immediate vicinity.
The tree has been determined to be a public health and safety hazard because of its high potential for failure due to considerable dead of dying foliage, branches, roots or trunk.
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The tree requires extensive root pruning because of excessive hardscape damage resulting in the severe reduction in its capacity to support itself and thereby creates a potential safety hazard.
The tree due to its growth habit and location creates a safety hazard. Removal of the tree has been approved as part of a City Council-approved capital improvement project.
7.3 Invalid Reasons for Tree Removal:
The following represent invalid reasons for removal of a street tree:
Leaf litter.
Messy fruit or flowers.
View obstruction (other than for safety reasons).
Roots infiltrating into private sewer laterals.
Power line obstruction if there is a feasible solution to move the power line, e.g., pole relocation or undergrounding conflicting lines, that has been approved by SCE.
Hardscape uplift that can be mitigated through root pruning, ramped sidewalks, root planning, etc.
8.0 PUBLIC COMMUNICATIONS
8.1 Tree Pruning
It is important that residents/property owners are notified of regularly scheduled tree pruning within the parkway adjacent to their property. Notification by mail should be made at least 10 business days in advance of scheduled pruning.
8.2 Tree Removal
It is important that residents/property owners are notified of the upcoming removal of a street tree. Notification will be made for trees that do not pose an immediate threat to life or property and a DBH greater than 4-inches (heritage and Oak trees) or 6-inches (established trees).
Notification by mail will be made at least 10 business days in advance of scheduled pruning and mailed to the neighborhood:
a) The resident/property owner of the property site where the street tree is located (the lot).
b) The 2 properties on each side of the lot.
c) All properties adjoining the rear of the lot and each property on either side of the adjoining property(ies).
d) Extending the lot’s property line across the street, all property(ies) across the street within the parameters of the extension and the property on either side of those properties.
PAGE 46 of 78
Street Tree Policy And Procedures April 10, 2019October 27, 2023 TP-11
e) For lots at the end of a cul-de-sac street, all property(ies) adjoining the rear of the lot, each property on either side of those adjoining property(ies) and the 3 properties extending from each side of the lot.
Trees to be removed will be marked by signage visible from the street 10 days in advance and the marking will be referenced in the notification letters to provide clarity on the exact tree or trees scheduled for removal.
8.3 Tree Planting
It is important that residents/property owners are notified of the planned planting of a City tree within the parkway adjacent to their property. Notification will be by mail at least 10 business in advance of the tree planting. Proposed location for the street tree will be marked on the curb prior to the mailing of the letter and will be referenced in the letter to provide the resident/property owner with the opportunity to bring concerns about the location to the City’s attention.
9.0 SUPERVISION
Except in cases requiring immediate action from the protection of persons or property, the daily work of planting, pruning or removal of streets trees will not begin until the personnel performing the work is met on site by the Urban Forester or a certified arborist and the Public Works Manager or Director Street Foreman or Public Works Manager, who will inspect the site and verify the correct tree is marked for pruning or removal.
10.0 STANDARD DETAILS
The following documents will be used to implement this policy. a) Sample notice to residents/property owners of work to be performed by Department personnel.
b) Sample notice to residents/property owners of work to be performed by city contractor.
c) Sample notice to post on tree to be removed.
d) Model specifications for tree and plant protection.
e) San Marino standard plan SM 102 Residential Sidewalk Details. f) SPPWC standard plan 518 Tree Staking.
g) SPPWC standard plan 520 Tree Planting.
PAGE 47 of 78
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Cathi Johnson, Community Services Director
DATE: October 27, 2023
SUBJECT: SAN MARINO COMMUNITY CENTER FACILITY USE FEES
FOR COMMUNITY & NOT-FOR-PROFIT GROUPS
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
BACKGROUND
Following the recently completed $8.4 million renovation to the San Marino Community Center, staff presented to the City Council at the July 28, 2023 Adjourned Meeting a new proposed fee structure for rental of the facility. The new fee structure, along with other recommended adjustments to programming and department-related fees as outlined in the Schedule of Fees for Service, was based on a comprehensive staff-led fee study and market analysis conducted in March 2023. As such, the fees presented to the City Council for consideration at the July 28 meeting were based on a market driven pricing philosophy for all user groups in order to ensure that the Community Center is competitively priced against other similar facilities in the region.
However, upon further discussion by the City Council, direction was provided to staff to revisit the market-based pricing model as it pertained to Group A users, San Marino based community and not-for-profit groups. The City Council then directed staff to maintain the Group A user fees at historical levels for both the San Marino Community Center and the Crowell Public Library that were in place prior to the renovation of the Community Center, until new fees are considered. It was also requested by the City Council that staff return with the results of further analysis relating to the Group A user fees for the San Marino Community Center during the month of October for further Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 48 of 78
consideration by the City Council. Analysis related to Group A user fees for the Crowell Public Library will be brought before the City Council during the next comprehensive fee study.
DISCUSSION
Upon further consideration of best-practice pricing methodologies and alternatives to a market-based approach, staff conducted an analysis of the facility’s operating costs in an effort to identify the actual cost down to the square-foot to operate the Community Center. This direct cost recovery approach offers City Council the alternative to set Group A fees based on operating costs rather than costs that are competitive and based on fees for community centers of similar size, condition, and amenities in the region.
To develop this new operating cost fee structure for Group A users (Attachment 1), staff conducted a comprehensive assessment of direct and indirect expenses for the new Community Center. This includes personnel, utilities, custodial services, insurance, administrative overhead, and building depreciation. It should be noted that while staff have broken down costs into these various granular categories, all of the inputs listed in the table below, regardless of their category headings, are considered part of the actual costs of custodial and maintenance services resulting from a group’s use of the Community Center. Revenue & Cost Specialists, LLC (the City’s fee consultant previously retained in 2020) was then asked to conduct a thorough review of the methodology and estimated operating costs to ensure that all relevant direct and indirect expenses were captured.
Based on present day figures, the total cost to operate the San Marino Community Center is $1,080,023 per year. If this figure is divided by the total rentable hours per year, the per hour rentable cost amounts to $321 per hour.
Dividing this per hour cost by the total building’s square footage of 10,799, the cost to operate each square foot of the building amounts to $0.03.
Attachment 1 of this staff report provides a revised San Marino Community Center Rental Fee sheet showing the cost to rent each room based on the square footage of the respective room multiplied by the cost per-square-foot, $0.03.
The operating cost-pricing model would ensure a significant discount in fees for Group A versus Group B and C (market-based pricing model). Should the City Council set Group A fees based on a ‘cost of service’ approach as proposed in this report, staff believe that San Marino based community and not-forprofit groups will have access to the newly renovated Community Center at rates much lower than those available to them at other comparable PAGE 49 of 78
community centers elsewhere in the region.
A summary of the total estimated operating cost calculation and final cost persquare-foot is presented in the table below Pricing Scenarios for Group A
Staff expect the Group A pricing to apply to groups such as the Chinese Club of San Marino, San Marino Garden Club, Rotary Club of San Marino, San Marino Unified School District’s Parent Teacher Association, and San Marino City Club.
For reference, the table below demonstrates two fee scenarios that could be expected by Group A users based on recent discussions between staff and the user groups. Group 1 listed below provides a depiction of what the San Marino City Club could expect fees to be based on their historical needs and discussions with their leadership. Group 2 listed below provides a depiction of what the Rotary Club of San Marino could expect fees to be based on their historical needs and discussions with their leadership. While these are provided for demonstration purposes, each of these organizations may see different fees depending on their rental needs.
Summary of Operating Expenses Amount
Salaries and Wages $ 384,004
Maintenance and Operation Costs $ 76,384
Indirect Overhead Costs $ 619,635
Total Annual Cost $ 1,080,023
Total Operating Hours per Year 3,360
Cost per Operating Hour $ 321
Cost per Operating Hour per Square Foot $ 0.03
PAGE 50 of 78
FISCAL IMPACT & PROCUREMENT REVIEW
The Community Services Department’s revenue budget for FY 2023-24 was developed using the proposed fees in the Schedule of Fees for Service as presented to Council on July 28, 2023. As the Group A rental fees proposed today based on a cost of service model are significantly lower than the market-based fees presented to Council in July 2023, the Department expects a decrease in revenue of approximately $25,000 for the current fiscal year.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff requests that the City Council provide direction regarding the Group A user fees for the San Marino Community Center.
Should the City Council wish to set the Group A user fees for the San Marino Community Center based on a cost of service model as presented in Attachment 1, an appropriate motion would be:
“I move to adopt Resolution No. R-23-29 amending Resolution No.
R-21-10 to include revised Section 12 of the Community Services Department’s Schedule of Fees for Service for FY 2023-24.” Space / Fees
Pricing Based on
Operating Cost
Recovery
Group 1 MPR 1 (Tu, 5 hours) $ 405
Audio Visual Set Up / Support $ 25
Kitchen $ 120
Cost per Use $ 550
Group 2 MPR 2 & 3 (Th, 3 hours) $ 219
Audio Visual Set Up / Support $ 25
Kitchen $ 120
Cost per Use $ 364
PAGE 51 of 78
1. Revised San Marino Community Center Rental Fees
2. Proposed Resolution No. R-23-29
3. Resolution No. R-01-35
PAGE 52 of 79
ATTACHMENTS
Section 12: San Marino Community Center Rental Fees
Group Descriptions
A San Marino Community Groups and Not-for-Profit Groups B San Marino Residents and Businesses
C Non-Residents and Other Businesses / Organizations
Rental Fees
Room Capacity Group Mon. – Thurs.
(Per hour) Fri. – Sun. Deposit (Refundable)
Fireside Room
Sq. ft: 825
General Assembly: 118
Dining: 55
A $25 $125/5 hours,
$25/additional hour $200 B $60 $350/5 hours,
C $70 $70/additional hour
MPR 1
Sq. ft: 2,719
General Assembly: 389
Dining: 181
A $81 $405/5 hours,
$81/additional hour $500 B $200 $1,250/5 hours,
C $250 $250/additional hour
MPR 2
Sq. ft: 1,392
General Assembly: 199
Dining: 93
A $41 $205/5 hours,
$41/additional hour $200 B $70 $450/5 hours,
C $90 $90/additional hour
MPR 3
Sq. ft: 1,056
General Assembly: 151
Dining: 71
A $31 $155/5 hours,
$31/additional hour $200 B $70 $450/5 hours,
C $90 $90/additional hour
MPR 2 & 3
Sq. ft: 2,448
General Assembly: 350
Dining: 164
A $73 $365/5 hours,
$73/additional hour $500 B $140 $900/5 hours,
C $180 $180/additional hour
MPR 1, 2, & 3
Sq. ft: 5,167
General Assembly: 739
Dining: 345
A $154 $770/5 hours,
$154/additional hour $750 B $340 $2,150/5 hours,
C $430 $430/additional hour
Kitchen
Sq. ft: 395
A $120/rental
B $100
C
Patio C
Sq. ft: 1,254
General Assembly: 49
Dining: 49
A $37 $185/5 hours,
$37/additional hour $200 B $60 $350/5 hours,
C $70 $70/additional hour
Patio D
Sq. ft: 1,397
General Assembly: 199
Dining: 93
A $42 $210/5 hours,
$42/additional hour $200 B $60 $350/5 hours,
C $70 $70/additional hour
Entire Facility
Sq. ft: 10,799
General Assembly: 1,105
Dining: 542
A $321 $1,605/5 hours,
$321/additional hour $1,000 B $520 $3,200/5 hours,
C $640 $640/additional hour
PAGE 53 of 78
Ancillary Fees
Description Fee Comments
Special Event Liability Insurance
< 100 people, no alcohol $87/rental Actual cost; pricing listed is current as of the publication date and valid through 1/1/2024.
Actual cost will be updated as it becomes
available.
< 100 people, alcohol $128/rental
> 100 people, no alcohol $122/rental
> 100 people, alcohol $222/rental
Paid Security Actual cost
Staff Time Outside Normal Operating Hours $25/hour Normal Operating Hours:
Monday – Thursday: 7 AM – 9 PM
Friday: 7 AM – 10 PM
Saturday: 11 AM – 10 PM
Sunday: 11 AM – 5 PM
Audio Visual Set Up / Support $25/rental
PAGE 54 of 78
RESOLUTION NO. R-23-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN MARINO, CALIFORNIA, AMENDING
RESOLUTION NO. R-21-10 TO INCLUDE REVISED
SECTION 12 OF THE COMMUNITY SERVICES
DEPARTMENT’S SCHEDULE OF FEES FOR SERVICE
WHEREAS, staff developed a comprehensive list of Community Services Department’s Fees for Service which included some adjustments for the City Manager and City Council’s approval at the City Council meeting on July 28, 2023; and, WHEREAS, the City Council directed staff to revisit the market-based pricing model for the San Marino Community Center as it pertained to Group A users; and, WHEREAS, staff conducted an analysis of the Community Center’s operating costs in an effort to identify the actual cost down to operate the Community Center and prepared a revised rental fee schedule based on this cost of service model; and, WHEREAS, staff recommends that the Citywide Fee Schedule be updated to include revised Section 12 of the Community Services Department’s Schedule of Fees for Service.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.
SECTION 2. The Citywide Fee Schedule, last updated by Resolution No. R-21-10, is hereby amended to include revised Section 12 of the Community Services Department’s Schedule of Fees for Service.
SECTION 3. The fees set forth in Section 2 shall be adjusted annually in connection with the budget process.
SECTION 4. Effective Date: This Resolution shall become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED, at an Adjourned Regular Meeting of the City Council of the City of San Marino, California, on this 27th day of October, 2023. ______________________________________
STEVE TALT, MAYOR
CITY OF SAN MARINO
PAGE 55 of 78
CITY OF SAN MARINO RESOLUTION NO. R-23-29
PAGE 2 OF 2
ATTEST:
__________________________________
ALISON WALKER, CITY CLERK
CITY OF SAN MARINO
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SAN MARINO )
I, Alison Walker, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-23-29 was adopted by the City Council of the City of San Marino at an Adjourned Regular Meeting held on the 27th day of October, 2023, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
ALISON WALKER, CITY CLERK
CITY OF SAN MARINO
PAGE 56 of 78
RESOLUTION NO. R -01 -35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARINO
ESTABLISHING A METHODOLOGY OF SETTING FEES FOR THE
RECREATION DEPARTMENT.
WHEREAS, Chapter 11, Section 2. 11. 903 of the City code empowers the City Council of San Marino to impose fees for the provision of services or the use of pubic property.
WHEREAS, it is the intention of the City Council that the totality of fees charged for recreation activities charged by the Recreation Department shall not exceed the totality of expenses incurred by that Department; and
WHEREAS, it is the intent of the City Council that the fees charged by the Recreation Department for activities shall bear a reasonable relationship to the number of persons attending the recreation activity, the fees charged for similar activities by other entities, and the need to defray the expenses in operating the Recreation Department; and WHEREAS, the City Council intends to direct the City Management on a yearly basis through the adoption of the City budget, the percentage of expenses in operating the Recreation Department that is to be recouped or the amount of funds allocated to support the Recreation Department;
NOW, THEREFORE, BE IT RESOLVED by the City Council of San Marino that it shall be the responsibility of the City Manager upon consultation with the Recreation Director to set Recreation Department activity fees and implement recreation activities as deemed appropriate and necessary to meet the Recreation Department budgetary directive on the percentage of overall expenses to be recouped or the amount of funds allocated to support the Recreation Department.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that RESOLUTION NO. R -00 -18 is repealed.
ATTEST:
CnvLl
CAROL A. ROBB, MMC
CITY CLERK
ATTACHMENT IV
5-375
PAGE 57 of 78
CITY OF SAN MARINO RESOLUTION NO. R -01 -35
n n f ^ 0 Tll /!1
I HEREBY CERTIFY that the foregoing Resolution No. R -01 -35 was adopted by the City Council of the City of San Marino at a Regular Meeting of the City Council held on the 14`h day of November, 2001, by the following vote:
AYES COUNCILMEMBERS FILUTZE, LIN, TWIST, VICE MAYOR
BROWN, AND MAYOR BAYLE.
NOES NONE.
ABSENT NONE.
a ?res\ resrO 1. 35
CAROL A. ROBB, MMC
CITY CLERK
5-376
PAGE 58 of 78
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Cathi Johnson, Community Services Director
DATE: October 27, 2023
SUBJECT: APPROVAL OF REQUEST TO CLOSE THE LIBRARY ON
MARCH 15-16, 2024 AND WAIVE APPLICABLE FEES FOR
SAN MARINO PUBLIC LIBRARY FOUNDATION’S
FUNDRAISER EVENT, DELICIOUS DESTINATIONS
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government
Inviting and Relevant City Facilities
BACKGROUND
The San Marino Public Library Foundation (Foundation) submitted a Special Event Application (Attachment 1) for Delicious Destinations, a fundraiser event, on Saturday, March 16, 2024 from 6 PM – 9 PM at the Crowell Public Library. In conjunction with the application, the Foundation is requesting cosponsorship as well as the closure of the Library on Friday, March 15, and Saturday, March 16.
As a co-sponsor, the City is being asked to consider the following in-kind services: city staff time, waiving of permit fees, event promotion (including use of the City logo), and waiving of facility rental fees (the entire Crowell Public Library and the San Marino Community Center kitchen).
As one of the Library’s support groups, the Foundation has presented a variety of activities, including Delicious Destinations, to supplement the funding needs of the Library since 1995. Through these activities, the Foundation has generously funded projects like the replacement of public and staff computers, Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 59 of 78
replacement of the audio / visual equipment in the Barth Community Room, procurement of the collection management software, and procurement of the RFID system.
DISCUSSION
The 2024 Delicious Destinations event will transform the first floor of the Library into the destinations of South Korea and Portugal. Event attendees will be able to roam among the interpretation of landmarks and culture while sampling an array of food from both countries.
The fundraising elements of the event include ticket sales, sponsorships, opportunity drawings, a paddle raise, and two separate silent auctions. The ultimate goal of the event is to provide funding for future capital improvement and facility renovation projects, as well as technology upgrades.
Given the event’s size and scope, the Foundation anticipates the decoration preparation and transformation to begin on Friday, March 15 and require the full following day up to the event. Clean up and full restoration of the Library is expected by Sunday, March 17 at 1 PM when the Library is scheduled to reopen.
Residents and members of the public will be invited to purchase tickets through the San Marino Public Library Foundation’s website and event page, at the Library, and by mail. Approximately 350 people are expected to attend and bid on silent auction items and buy over 100 books.
On July 24, 2023, the Library Board of Trustees voted to approve the closure of the Library and request City Council’s approval. City Council approving the closure does not preclude any requirements deemed necessary by staff for the event to take place, such as additional permits, insurance documentation, and safety review.
FISCAL IMPACT & PROCUREMENT REVIEW
The in-kind services requested of the City are expected to have a total fiscal impact of up to $3,485:
• City staff time: part-time staff will be scheduled on Friday and Saturday to support the set-up / event activities, as well as Facilities staff on Saturday – fiscal impact: $1,800
• Waiving of permit fees: if a temporary tent is added as an element of the event, a Tent Fire Inspection is required – fiscal impact: $345 • Event promotion including use of the City logo – fiscal impact: $0 PAGE 60 of 78
• Waiving of facility rental fees for the Crowell Public Library and the San Marino Community Center kitchen – fiscal impact: $1,340 In addition to the above fiscal impact to the City’s General Fund, potential revenue lost due to closing the Library on March 15-16, 2024 is estimated to be $817 combined.
This report requires no procurement review.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the Council approve the closure of the Library on March 15- 16, 2024, and waive applicable fees, for the purpose of holding the San Marino Public Library Foundation’s Delicious Destinations event. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the closure of the Crowell Public Library on March 15-16, 2024, and waive applicable fees, for the purpose of holding the San Marino Public Library Foundation’s Delicious Destinations event.”
ATTACHMENTS
1. Special Event Application
PAGE 61 of 78
PAGE 62 of 78
PAGE 63 of 78
PAGE 64 of 78
PAGE 65 of 78
PAGE 66 of 78
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director
DATE: October 27, 2023
SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR YEAR 1 OF
THE ANNUAL SIDEWALK REPLACEMENT PROGRAM
PROJECT NO. 22-9272
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government
Safe Community
Well-Maintained Infrastructure
BACKGROUND
On May 11, 2022, the City Council awarded a multi-year contract to CJ Concrete Construction, Inc. for the City’s annual sidewalk replacement program. As the first year of the five-year project cycle is now complete, City Council approval is required in order to accept the work and authorize staff to file a Notice of Completion with the Los Angeles County RegistrarRecorder/County Clerk.
DISCUSSION
Year 1 (FY 22-23) of the Multi-Year Sidewalk Replacement Program project began on July 24, 2023 and was complete on September 15, 2023. The project included replacement of 24,827 square feet of 4-inch thick sidewalk and 2,632 square feet of 6-inch thick sidewalk, for a total of 27,459 square feet (or approximately 1.3 miles) of sidewalk replaced on various streets throughout the City. In addition, the project also replaced several driveway approaches and a limited amount of curb and gutter. The project was completed to the satisfaction of the City Engineer, all punch list items were resolved, and the Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 67 of 78
one-year warranty period covering the work has commenced.
FISCAL IMPACT & PROCUREMENT REVIEW
The project was completed with no contract change orders bringing the final construction cost to $414,872.50, which is $3,427.50 (or 0.82%) under the original contract budget of $418,300.00. Unexpended funds will be returned to the Capital Improvement Fund reserves for use on future construction projects.
Procurement review is not applicable.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council accept Year 1 of the Multi-Year Sidewalk Replacement Program as complete and authorize the City Clerk to file the Notice of Completion. If the City Council concurs, an appropriate motion would be:
“I move to accept Year 1 of the Multi-Year Sidewalk Replacement Program Project No. 22-9272 performed by CJ Concrete Construction, Inc., as complete, and authorize the City Clerk to file the Notice of Completion.”
ATTACHMENTS
1. Notice of Completion Form
PAGE 68 of 78
S7130-0001\2310843v1.doc
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF SAN MARINO
2200 Huntington Drive
San Marino, CA 91108
Free recording requested per Gov’t Code 27383 Space above this line for Recorder’s use
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the owner is: CITY OF SAN MARINO
3. The full address of the owner is: 2200 HUNTINGTON DRIVE, SAN MARINO, CA 91108
4. The nature of the interest or estate of the owner is: In fee title
5. The full names and full addresses of all persons, if any, who hold this with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned. IF the property was transferred subsequent to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on August 15, 2023.
The work was: Street rehabilitation program; resurface and slurry seal 31 streets throughout City, remove and replace curb and gutter at various locations. Project No. 21-9271
8. The name of the contractor, if any, for such work of improvement was CJ Concrete Construction, Inc. May 11, 2022
(IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT 'NONE") (DATE OF CONTRACT)
9. The property on which the work of improvement was completed is in San Marino, County of Los Angeles, State of California, and is described as follows: Public sidewalk at various locations throughout City, all work occurred within the public right-of-way.
10. The street address of the property is: Various locations throughout San Marino (IF NO STREET ADDRESS HAS BEEN OFFICIALLY ASSIGNED, INSERT "NONE”) Dated: 10/11/2023
_________________________________________________, City Manager (SIGNATURE OF OWNER OR CORPORATE OFFICER OF OWNER NAMED IN PARAGRAPH 2 OR HIS AGENT)
VERIFICATION
I, the undersigned, say: I am the Director of Parks and Public Works/City Engineer of San Marino, the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on: October 11, 2023 , at San Marino, CA
(CITY) (STATE)
(PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.) PAGE 69 of 78
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
DATE: October 27, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. O-23-1407 (SECOND
READING) AMENDING MUNICIPAL CODE SECTIONS
23.02.14 AND 23.15.04.1 TO ALLOW MINISTERIAL
APPROVAL WHEN RECONFIGURING SPACE WITHIN AN
EXISTING DWELLING UNIT IN THE SINGLE-FAMILY (R1) ZONE TO CREATE NO MORE THAN TWO ADDITIONAL
BEDROOMS
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Beautiful, Preserved, Single-Family Neighborhoods
Efficient, Responsive, and Effective City Services
Engaged and Connected Residents
Safe Community
BACKGROUND
Assembly Bill 916 (“AB 916”)
AB 916 (Salas) is intended to help address the State housing shortage, which has been deemed by the State legislature to be a matter of statewide concern, by facilitating more housing through maximizing the utilization of existing space within residential units.
AB 916 was approved by the Governor and Chaptered into law on September 28, 2022. This statute adds California Government Code section 65850.02, which prohibits local agencies from adopting or enforcing an ordinance requiring a public hearing as a condition of remodeling or reconfiguring existing space to increase the bedroom count within an existing dwelling unit.
Steve Talt, Mayor
Steven W. Huang, DDS, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Gretchen Shepherd Romey, Council Member
PAGE 70 of 78
The Government Code imposes restrictions on local agencies’ land use controls, however, it does not affect other requirements, such as parking requirements or building codes. Moreover, AB 916 does not apply to projects that involve new construction, which increases the size of the existing dwelling unit.
On August 23, 2023, the Planning Commission conducted a public hearing to review and take public comment on proposed Ordinance No. O-23-1407. The Planning Commission unanimously voted (5-0) to adopt Planning Commission Resolution No. PCR-23-10 (Attachment 3), recommending that the City Council adopt Ordinance No. O-23-1407 with minor revisions to correct typographical errors that did not alter the content of the Ordinance.
On September 29, 2023, the City Council conducted a public hearing to review and take public comment on the proposed Ordinance. The City Council voted 2-2 (one absent) on a motion to waive full reading and introduce by title only Ordinance No. O-23-1407. The aforementioned motion failed to advance due to the 2-2 vote; however, the City Council voted 4-0 (one absent) to continue the public hearing to October 11, 2023, in order for the full membership of the City Council to consider Ordinance No. O-23-1407.
On October 11, 2023, the City Council conducted a public hearing to review and take public comment on the proposed Ordinance. The City Council voted 3-2 on a motion to waive full reading and introduce by title only Ordinance No. O-23-1407 with the inclusion of additional language to identify that all reconfigurations must comply with all applicable State laws and municipal code provisions.
DISCUSSION
Staff has prepared an Ordinance that complies with AB 916 by making two substantive changes to two sections of the Municipal Code. Both substantive changes are necessary to avoid creating a conflict between the new State law and the City municipal code. Specifically, the proposed Ordinance amends the Municipal Code as follows:
1. The proposed Ordinance amends SMMC § 23.02.14 by providing an exception to the conditional use permit requirement when a dwelling in the R-1 zone is proposed to have more than six bedrooms. The exception allows more than six bedrooms in a single-family dwelling, subject only to ministerial approval, when existing space within a dwelling unit is remodeled/reconfigured to create one or two new bedrooms.
PAGE 71 of 78
2. The proposed Ordinance amends SMMC § 25.15.04.1 by providing that the Community Development Director can ministerially approve an application to remodel/reconfigure existing space within a dwelling unit to create one or two new bedrooms.
CEQA Review
In accordance with Section 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines, the Ordinance and Resolution are categorically exempt from CEQA. “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” “Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.” The proposed Ordinance allows for minor construction of interior walls, and related mechanical, electrical, and plumbing, completely within existing single-family residences, which are small private structures, in the Single Family (R-1) zone. Moreover, the proposed Ordinance allows for a small negligible expansion of the existing use and does not provide for any change in the character of the existing residential use.
FISCAL IMPACT & PROCUREMENT REVIEW
Apart from the reallocation of staff resources needed to address this new State legislation, there is no new financial impact.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the Council adopt Ordinance No. O-23-1407. If the City Council concurs with staff’s recommendation an appropriate motion would be:
“I move to adopt Ordinance No. O-23-1407, an Ordinance of the San Marino City Council amending San Marino Municipal Code Sections 23.02.14 and
23.15.04.01 to implement Assembly Bill 916 by allowing ministerial approval when reconfiguring space within an existing residential dwelling unit in the single-family (R-1) zone to create no more than two additional bedrooms.” PAGE 72 of 78
ATTACHMENTS
1. Ordinance No. O-23-1407
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ORDINANCE NO. O-23-1407
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO, CALIFORNIA AMENDING MUNICIPAL CODE SECTIONS
23.02.14 AND 23.15.04.1 TO ALLOW MINISTERIAL APPROVAL WHEN
RECONFIGURING SPACE WITHIN AN EXISTING DWELLING UNIT IN THE SINGLE FAMILY (R-1) ZONE TO CREATE NO MORE THAN TWO
ADDITIONAL BEDROOMS
THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
WHEREAS, Assembly Bill 916 (“AB 916”) (Zoning: Bedroom Addition) was approved by the Governor and chaptered by the Senate (Chapter 635, Statutes of 2022) on September 28, 2022.
This statute added Government Code section 65850.02, which prohibits local agencies from adopting or enforcing an ordinance requiring a public hearing as a condition of reconfiguring existing space in an existing dwelling unit to increase the bedroom count by up to two additional bedrooms; and
WHEREAS, AB 916 seeks to address California’s housing shortage by facilitating more housing through the utilization of existing space within residential units; and WHEREAS, the existing City of San Marino’s Municipal Code (“SMMC”) requires approval of a conditional use permit when a residential building in the Single Family (R-1) zone has more than six bedrooms; and
WHEREAS, the existing SMMC requires Design Review Committee (“DRC”) approval, including a public hearing, before bedrooms may be added to dwelling units in the R-1 zone; and WHEREAS, the City Council of the City of San Marino seeks to implement AB 916 through its local land use controls; and
WHEREAS, 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
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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 27, 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, and October 11, 2023, public hearing, including, without limitation, the staff report submitted by the Director of Community Development.
WHEREAS, this Ordinance is exempt from of the California Environmental Quality Act (CEQA) as a Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures) Categorical Exemption pursuant to sections 15301 and 15303 of the CEQA Guidelines because it contemplates minor construction and negligible expansion of existing uses.
SECTION 2. 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. Section 23.02.14 (Limitations on The Number of Permitted Bedrooms) of the San Marino Municipal Code is amended as follows:
No residential building in the R-1 Zones shall have more than six (6) bedrooms, as defined in section 23.01.01 of this chapter, without having first obtained a conditional use permit.
Notwithstanding, a conditional use permit shall not be required to reconfigure existing space within an existing dwelling unit located in the R-1 zones to add no more than two (2) additional bedrooms, provided that no additional space is being added to the dwelling and provided that such proposed reconfiguration also complies with all other applicable State laws and municipal code provisions.
SECTION 4. Section 23.15.04.1 (Applications That Can be Approved by The Director of Planning and Building) of the San Marino Municipal Code is amended as follows:
A. Following submission of plans, payment of a processing fee, and without neighborhood notification, the Planning and Building Director or his/her designee is authorized to review, and approve if he/she so chooses, the following items, subject to the standard of review in section
23.15.08 of this article:
1. Front door replacements (except from a single to a double door).
2. Garage door replacements.
3. Minor window modifications.
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4. Installation of new light fixtures.
5. Minor modifications to wrought iron work (balconies, gates).
6. Installation or modification of commercial awnings.
7. Installation or modification of new commercial pedestrian door(s).
8. Reconfiguration of existing space within an existing dwelling unit located in the R-1 zones to add no more than two (2) additional bedrooms, provided that no additional space is being added to the dwelling and provided that such proposed reconfiguration also complies with all applicable State laws and municipal code provisions.
An applicant can appeal to the DRC a denial by the Director of Planning and Buildings of an application for approval under this subsection.
B. The Director of Planning and Building, without payment of a processing fee or neighborhood notification, may approve a minor field change, subject to the criteria provided in section 23.15.08 of this article. Upon payment of an appeal fee the applicant may appeal denial of a minor field change to the body that approved the project for which the minor field change is being requested.
SECTION 5. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) as a Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures) Categorical Exemption pursuant to sections 15301 and 15303, respectively, of the CEQA Guidelines. “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” “Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.” This proposed Ordinance allows for minor construction of interior walls, and related mechanical, electrical, and plumbing, completely within existing single-family residences, which are small private structures, in the Single Family (R-1) zone. The Ordinance allows for a small negligible expansion of the existing use and does not provide for any change in the character of the existing residential use.
SECTION 6. 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, PAGE 76 of 78
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 7. 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 27th day of October 2023. ________________________
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 )
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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 11th day of October, 2023, and was adopted on second reading at a meeting of the City Council held on the 27th day of October, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
ALISON WALKER, CITY CLERK
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