San Marino City Council
October 9, 2024

AGENDA – OCTOBER 09, 2024 PAGE 1 of 320

CITY OF SAN MARINO

CITY COUNCIL AGENDA
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
Philippe Eskandar, City Manager
www.SanMarinoCA.gov
(626) 300-0700 Phone
City Hall Council Chamber
2200 Huntington Drive
San Marino, CA 91108

REGULAR MEETING OF THE

SAN MARINO CITY COUNCIL
WEDNESDAY, OCTOBER 09, 2024 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
2200 HUNTINGTON DRIVE
SAN MARINO, CA 91108
The City of San Marino appreciates your attendance. Citizens’ interest provides the Council with valuable information regarding issues of the community.

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

In compliance with the Americans with Disabilities Act, any person with a disability who requires a reasonable modification or accommodation in order to participate in a meeting should contact the City Clerk via email at [email protected] or by phone at (626) 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.SanMarinoCA.gov/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. Written public comment received by 3:00 p.m. will AGENDA – OCTOBER 09, 2024 PAGE 2 of 320
be distributed to City Council during the meeting. Any comments received after 3:00 p.m. will be included in the public comment record but not provided to City Council at the meeting.

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

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Member Chou, Council Member Lo, Council Member Talt, Vice Mayor Shepherd Romey, and Mayor Huang

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.SanMarinoCA.gov.

PUBLIC COMMENTS
The City welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. At this time, the public may address the City Council on items that are not on the agenda.

Pursuant to state law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). The Mayor reserves the right to place limits on duration of comments. Staff may be asked to follow up on such items.

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

PRESENTATION

CERTIFICATE OF RECOGNITION FOR EAGLE SCOUT HOWARD CHEN
CERTIFICATE OF RECOGNITION FOR DR. HWEI-CHIH CHENG SUN AND PRESENTATION AND DONATION OF THE MEMOIRS OF DR. HWEI-CHIH CHENG SUN BY DR. RICHARD SUN, DR. CHRISTINA SUN, AND DR.

GEORGE SUN TO THE CITY OF SAN MARINO’S CROWELL PUBLIC LIBRARY AND A $20,000 DONATION TO THE SAN MARINO PUBLIC LIBRARY

FOUNDATION
AGENDA – OCTOBER 09, 2024 PAGE 3 of 320

PUBLIC HEARINGS

1. CONSIDERATION OF APPROVAL FOR A MILLS ACT PROGRAM FOR THE PROPERTY LOCATED AT 708 WINSTON AVENUE
Recommendation: Staff recommends that the City Council adopt Resolution R-24-27.

If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Resolution No. R-24-27, approving the Mills Act Contract for the property located at 708 Winston Avenue that is attached to the Staff report.”

CONSENT CALENDAR

2. AUTHORIZE THE CITY MANAGER TO ENTER INTO A METRO-APPROVED AGREEMENT WITH THE CITY OF PASADENA TO EXCHANGE $1,000,000 OF THE CITY'S PROPOSITION A LOCAL RETURN FUNDS FOR $750,000

OF CITY OF PASADENA'S GENERAL FUND DOLLARS
Recommendation: Staff recommends the Council authorize the City to enter into a Metro-Approved agreement with the City of Pasadena to exchange $1,000,000 of the City’s Proposition A Local Return Funds for $750,000 of the City of Pasadena’s General Fund dollars. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to authorize the City to enter into a Metro-Approved agreement with the City of Pasadena to exchange $1,000,000 of the City’s Proposition A Local Return Funds for $750,000 of the City of Pasadena’s General Fund dollars and authorize the City Manager or his designee to take such further actions necessary to effectuate the agreement.”

3. FIND THE ELECTRIC VEHICLE CHARGING STATIONS PROJECT EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA);

AWARD A CONSTRUCTION AGREEMENT TO ABM ELECTRICAL &

LIGHTING SOLUTIONS FOR ELECTRIC VEHICLE CHARGING STATIONS PROJECT NO. 24-1009 IN THE LOW BID AMOUNT OF $57,129.00, AND REJECT ALL OTHER BIDS; AND AUTHORIZE THE PARKS AND PUBLIC

WORKS DIRECTOR/CITY ENGINEER TO APPROVE CONSTRUCTION
CONTINGENCIES IN AN AMOUNT NOT TO EXCEED $10,000.00
Recommendation: Staff recommends the City Council 1.) find the project categorically exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities exemption), 2.) award a Construction Agreement to ABM Electrical & Lighting Solutions, 3.) authorize the Parks and Public Works Director/City Engineer AGENDA – OCTOBER 09, 2024 PAGE 4 of 320
to approve contract change orders and other contingencies in an amount not to exceed $11,425.80. If the Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to 1.) find the Electric Vehicle Charger Installation Project exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities exemption), 2.) award a Construction Agreement to ABM Electrical & Lighting Solutions, for the Electric Vehicle Charging Station Project No. 24-1009 in the amount of $57,129.00, and reject all other bids, and 3.) authorize the Parks and Public Works Director/City Engineer to approve contract change orders and other contingencies in an amount not to exceed $10,000.00.”

4. APPROVAL OF CONTRACT RENEWAL WITH HINDERLITER, DE LLAMAS

AND ASSOCIATES TO PROVIDE BUSINESS LICENSE SOFTWARE
SERVICES THROUGH NOVEMBER 11, 2027
Recommendation: Staff recommends the Council approve the contract and authorize the City Manager to execute the agreement. If Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the contract renewal with HdL, which will extend the agreement for a term to expire on November 11, 2027, for their continued business license software services, and authorize the City Manager to execute the agreement.”

5. APPROVAL FOR THE CITY MANAGER TO EXECUTE A SPECIAL EVENT

PERMIT AGREEMENT WITH THE SAN MARINO MOTOR CLASSIC
Recommendation: Staff recommends the Council authorize the City Manager to execute an agreement with the San Marino Motor Classic through December 31, 2029.

If the City Council deems the agreement satisfactory, an appropriate motion would be:
“I move to authorize the City Manager to execute an agreement with the San Marino Motor Classic through December 31, 2029.”

6. CALIFORNIA OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT’S AGENT RESOLUTION FOR NON-STATE AGENCIES
Recommendation: Staff recommends the Council authorize the completion and filing of the Designation of Applicant’s Agent Resolution for Non-State Agencies. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
"I move that the City Council approve the completion and filing of the Designation of Applicant’s Agent Resolution for Non-State Agencies designating the City Manager, Finance Director, and Fire Chief as authorized agents for the City of San Marino.”

7. CASH AND INVESTMENT REPORT FOR THE MONTH OF AUGUST 2024 AGENDA – OCTOBER 09, 2024 PAGE 5 of 320
Recommendation: Staff recommends the Council receive and file this report. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to receive and file the Cash and Investment Report for the Month of August 2024.”

8. RECEIVE AND FILE MONTHLY DISBURSEMENTS REPORT FOR
SEPTEMBER 2024
Recommendation: Staff recommends the Council receive and file the Monthly Disbursements Report for the month of September 2024. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to receive and file the Monthly Disbursements Report for the month of September 2024.”

9. APPROVAL OF MINUTES
Recommendation: Staff recommends the Council approve the September 2024 minutes. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the minutes of the regular meeting of September 11, 2024, and the adjourned regular meeting of September 27, 2024.”

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.

FUTURE AGENDA ITEMS

CLOSED SESSION
The City Council will recess to closed session to discuss:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
GOVERNMENT CODE 54957 (B)
Title: City Manager.

2. CONFERENCE WITH LABOR NEGOTIATOR - UNREPRESENTED
AGENDA – OCTOBER 09, 2024 PAGE 6 of 320

EMPLOYEE - PURSUANT TO CALIFORNIA GOVERNMENT CODE,
SECTION 54957.6
Agency Representative: Joe Montes, City Attorney
Unrepresented Employee: City Manager

RECONVENE TO OPEN SESSION

CLOSED SESSION REPORT

ADJOURNMENT
Posted: 10/04/2024 ALISON WALKER

CITY CLERK
City Manager’s Report and
Operational Dashboard
October 9, 2024
PAGE 7 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

83 90
80 0
20 40
60 80
100
120
140
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
In-City Incidents
FY 23-24 FY 24-25
80 72
88 0
20 40
60 80
100
120
140
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Out-of-City Incidents
FY 23-24 FY 24-25
Fire
Fiscal Year 23-24 Total: 1,088 Current Fiscal Year-to-Date Total: 253 Fiscal Year 23-24 Total: 974 Current Fiscal Year-to-Date Total: 240 PAGE 8 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

1 0 0
0 1
2 3
4 5
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Emergency Medical Services - Cardiac Arrests
FY 23-24 FY 24-25
0 0 0
0 1
2 3
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Emergency Medical Services - Return of Spontaneous Circulation FY 23-24 FY 24-25
Fire
Fiscal Year 23-24 Total: 13 Current Fiscal Year-to-Date Total: 1 Fiscal Year 23-24 Total: 2 Current Fiscal Year-to-Date Total: 0 PAGE 9 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

0:01:09 0:00:55 0:01:07
0:00:00
0:00:43
0:01:26
0:02:10
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Percentile Response Time: EMS Turnout
FY 23-24 FY 24-25
0:01:20 0:01:07 0:01:12
0:00:00
0:00:43
0:01:26
0:02:10
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Perentile Response Time: Fire Turnout
FY 23-24 FY 24-25
0:05:59 0:05:50 0:05:58
0:02:53
0:07:12
0:11:31
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Percentile Response Time: Overall Response
FY 23-24 FY 24-25
The San Marino Fire Department has adopted the National Fire Protection Association (NFPA) 1710 standards for response time reporting. NFPA standards represent aspirational goals for Fire Departments. By measuring response in percentiles rather than averages, the Fire Department is able to more accurately measure performance of responding units. The time reported as the 90th percentile turnout or response time means that 90% of incidents were as fast, or faster, than the reported time.

Fire
Fiscal Year 23-24 Response Rate: 59 sec Current Fiscal Year Response Rate: 59 sec Fiscal Year 23-24 Response Rate: 1 min 21 sec Current Fiscal Year Response Rate: 1 min and 21 sec Fiscal Year 23-24 Response Rate: 6 min 2 sec Current Fiscal Year Response Rate: 5 min and 56 sec Turnout Time - the amount of time after dispatch for firefighters to don safety equipment and start vehicle response.

Overall Response Time - the total amount of time it takes to respond to an incident, from initial dispatch to arriving on scene.

PAGE 10 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

2 5
7 0
5 10
15 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Residential Burglaries
FY 23-24 FY 24-25
10 13
9 0
5 10
15 20
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Larcenies
FY 23-24 FY 24-25
Police
Fiscal Year 23-24 Total: 76 Current Year-to-Date Total: 14 Fiscal Year 23-24 Total: 103 Current Year-to-Date Total: 32 Burglary - the act of entering a premise with the intent of committing a felony or stealing property.

Larceny - the unlawful removal of property. Any person who feloniously steals, takes, carries, leads or drives away the personal property of another is guilty of larceny theft by either misdemeanor of felony larceny.

PAGE 11 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

279
185
254
0 100
200
300
400
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Traffic Citations Issued
FY 23-24 FY 24-25
1 3
13 0
5 10
15 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Community Meetings
FY 23-24 FY 24-25
Fiscal Year 23-24 Total: 2,892 Current Year-to-Date Total: 718 Fiscal Year 23-24 Total: 47 Current Year-to-Date Total: 17 Police
PAGE 12 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

91 89 79
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Building Permits Issued
FY 23-24 FY 24-25
5 3
6 0
5 10
15 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Tree Removal Permits Issued
FY 23-24 FY 24-25
4 4
0 0
2 4
6 8
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
New Business Licenses
FY 23-24 FY 24-25
Community Development
Fiscal Year 23-24 Total: 906 Current Year-to-Date Total: 259 Fiscal Year 23-24 Total: 72 Current Year-to-Date Total: 14 Fiscal Year 23-24 Total: 43 Current Year-to-Date Total: 8 PAGE 13 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

4 3 3
0 2
4 6
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
ADU Permits Issued
FY 23-24 FY 24-25
4 5
4 0
2 4
6 8
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
ADU Applications Submitted
FY 23-24 FY 24-25
71 88 96
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Open Code Enforcement Cases
FY 23-24 FY 24-25
Community Development
Fiscal Year 23-24 Total: 29 Current Year-to-Date Total: 10 Fiscal Year 23-24 Total: 29 Current Year-to-Date Total: 13 Fiscal Year 23-24 Average per Month: 90 Current Year-to-Date Average per Month: 85 PAGE 14 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

140
30 80
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Programs Offered
FY 23-24 FY 24-25
13752
2149 1,566
0 5,000
10,000
15,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Participants
FY 23-24 FY 24-25
18 17
34 0
20 40
60 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Rental Bookings
FY 23-24 FY 24-25
Community Services
Fiscal Year 23-24 Total: 677 Current Year-to-Date Total: 250 Fiscal Year 23-24 Total: 32,095 Current Year-to-Date Total: 17,467 Fiscal Year 23-24 Total: 336 Current Year-to-Date Total: 69 PAGE 15 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

17,448
12,797 12,138
0 5,000
10,000
15,000
20,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Library Circulation Total
FY 23-24 FY 24-25
16,107
11,410 10,877
1,341
1,387 1,261
0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
20,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
FY 2023-24 Library Circulation Breakdown
In-Person Digital
Fiscal Year 23-24 Total: 136,309 Current Year-to-Date Total: 42,383 Community Services
PAGE 16 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

$1,284,376
$1,709,047
$670,200
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Revenues
FY 23-24 FY 24-25
$3,552,775
$2,808,824
$2,208,757
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Expenses
FY 23-24 FY 24-25
$395,994
$173,099
$137,717
$0
$100,000
$200,000
$300,000
$400,000
$500,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Overtime Expenses
FY 23-24 FY 24-25
Finance
Fiscal Year 23-24 Total: $35,488,577 Year-to-Date Total: $3,663,623 Fiscal Year 23-24 Total: $35,549,089 Year-to-Date Total: $8,570,356 Fiscal Year 23-24 Total: $1,783,078 Year-to-Date Total: $706,810 PAGE 17 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

$18,487,834
$15,966,323
$14,498,009
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
General Fund Balance at End of Each Month
FY 23-24 FY 24-25
$36,964,578
$35,175,659 $34,035,332
$30,000,000
$32,000,000
$34,000,000
$36,000,000
$38,000,000
$40,000,000
$42,000,000
$44,000,000
$46,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Overall Cash Balance in the Bank at End of Each Month
FY 23-24 FY 24-25
Finance
PAGE 18 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

106 106 106
95 100
105
110
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Full-Time Employees (112 budgeted)
FY 23-24 FY 24-25
60 64 57
0 20
40 60
80 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Part-Time Employees
FY 23-24 FY 24-25
Fiscal Year 23-24 Average: 106 Current Year-to-Date Average: 106 Human Resources
Fiscal Year 23-24 Average: 52 Current Year-to-Date Average: 60

5.4% 5.4% 5.4%
0%
5%
10%
15%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Full-Time Position Vacancy Rate
FY 23-24 FY 24-25
Fiscal Year 23-24 Average: 5.51% Current Year-to-Date Average: 5.39% PAGE 19 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

78 70 59
0 50
100
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Claims (Total Open)
FY 23-24 FY 24-25
5 4
2 0
5 10
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Claims (New)
FY 23-24 FY 24-25
24 35 43
0 50
100
150
200
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Cumulative Days Off (in month)
FY 23-24 FY 24-25
Human Resources
Fiscal Year 23-24 Average: 66 Current Year-to-Date Average: 69 Fiscal Year 23-24 Total: 42 Current Year-to-Date Total: 11 Fiscal Year 23-24 Total: 1,034 Current Year-to-Date Total: 102 PAGE 20 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

80% 74%
0%
50%
100%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Performance Evaluation Completion Rate
Fiscal Year 2023-24 Fiscal Year 2024-25
Fiscal Year 23-24 Average: 71% Current Year-to-Date Average: 75% Human Resources
PAGE 21 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

50 58 60
0 50
100
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Maintenance Service Requests Opened
FY 23-24 FY 24-25
5%
4%
5%
0%
2%
4%
6%
8%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Fleet Out of Service More Than 3 Business Days
FY 23-24 FY 24-25
Fiscal Year 23-24 Average: 4.9% Current Year-to-Date Average: 4.7% Fiscal Year 23-24 Total: 583 Current Year-to-Date Total: 168 Parks & Public Works
88%
91% 90%
80%
85%
90%
95%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Service Requests Closed Within 5 Business Days
FY 23-24 FY 24-25
Fiscal Year 23-24 Average: 91% Current Year-to-Date Average: 90% PAGE 22 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

17 15 12 0
10 20
30 40
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Encroachment Permits Issued
FY 23-24 FY 24-25
Capital Projects in Design 3
Capital Projects in Construction 2
Fiscal Year 23-24 Total: 170 Current Year-to-Date Total: 44 3 6
4 0
2 4
6 8
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Public Works Weekend Staff Call Outs
FY 23-24 FY 24-25
Current Year-to-Date Total: 13
Parks & Public Works
PAGE 23 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

43 33 36
0 20
40 60
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Public Record Requests Received
FY 23-24 FY 24-25
8 8 8
0 5
10 15
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Average Time to Respond to Public Records Requests
FY 23-24 FY 24-25
1 1
3 0
2 4
6 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Claims Received
FY 23-24 FY 24-25
City Manager’s Office
Fiscal Year 23-24 Total: 341 Current Year-to-Date Total: 112 Fiscal Year 23-24 Average: 7 Current Year-to-Date Average: 8 Fiscal Year 23-24 Total: 9 Current Year-to-Date Total: 5 PAGE 24 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

5 2 2
0 20
40 60
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Proclamations and Certificates Prepared
FY 23-24 FY 24-25
2 2
1 2
0 0
0 2
4 0
5 0
0 1
City Manager's Office
Finance
Human Resources
Community Development
Parks & Public Works
Fire
Police
Community Services
# of Agenda Items by Department
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Fiscal Year 23-24 Total: 96 Current Year-to-Date Total: 9 City Manager’s Office
PAGE 25 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

4 7
3 0
5 10
15 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Film Permits Processed
FY 23-24 FY 24-25
1 2
3 0
2 4
6 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Special Event Permits Processed
FY 23-24 FY 24-25
City Manager’s Office
Fiscal Year 23-24 Total: 74 Current Year-to-Date Total: 14 Fiscal Year 23-24 Total: 20 Current Year-to-Date Total: 6 PAGE 26 of 320
City Manager’s Report and Operational
Dashboard
October 9, 2024

26 35
15 0
10 20
30 40
77 78 12 9 43 20 60 7 24 20 21 22
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
New Weekly Briefing Monthly Sign Ups
FY 24-25
11,136
8,129 7,657
5,826
6,468
4,037
0 2,000
4,000
6,000
8,000
10,000
12,000
Facebook Instagram
Social Media Reach
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
City Manager’s Office
Current Year-to-Date Average: 25
PAGE 27 of 320
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
Camillia Martinez, Associate Planner
DATE: October 9, 2024
SUBJECT: CONSIDERATION OF APPROVAL FOR A MILLS ACT
PROGRAM FOR THE PROPERTY LOCATED AT 708

WINSTON AVENUE

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

BACKGROUND
On August 28, 2024, the Planning Commission conducted a public hearing and took public testimony on a request to approve a Certificate of Appropriateness to replace exterior windows and doors to the residence at 708 Winston Avenue and provide a recommendation to the City Council for the property to be considered for the Mills Act Program. The Planning Commission unanimously (5-0) approved the Certificate of Appropriateness and recommended that the City Council approve the Mills Act request.

DISCUSSION
Designed by master architect Roland E. Coate, Sr., in 1929, 708 Winston Avenue was designated in 2017 as a City of San Marino historic landmark (Resolution No. R-17-26). Known as the C.G. Fitzgerald Residence, the home was found to be a distinctive example of the Monterey Colonial Revival architectural style. The designation occurred before the City of San Marino adopted a broader Historic Preservation Ordinance in 2018. If the City Council Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 28 of 320
approves the C.G. Fitzgerald Residence Mills Act contract, it will be the second Mills Act contract approved by the City Council known to staff with the other residence being 1779 Lombardy Road which was approved by the City Council on June 9, 2021. 2021. The property is not listed as a California or National Historic Landmark.

MILLS ACT AND MILLS ACT CONTRACT
The 1972 Mills Act is an economic incentive program in the State of California that provides tax relief in order to obtain funds to preserve a qualified historical building. The Mills Act requires a minimum of a 10-year contract between the City and the property owner. Once approved by the Council, the contract is submitted to the Los Angeles County Recorder’s Office, and the contract is recorded with the County. Once recorded by the County, the property value is assessed based on income value rather than the traditional market rate or sales data approach. Properties that are eligible for the Mills Act are properties or buildings that are listed on either the National Register, the California Register of Historical Homes or listed as a local landmark with the City.

The Mills Act contract request involves a two-step process. First, the property must be listed on one of the requisite registers or be located in a nationally registered historic district. If the property is not listed on the California or federal registers, the first step would be to obtain the local culturally significant landmark designation, which is one component of the current request.

As the property already meets the prerequisite of being designated as a Local Historical Landmark, the property owners could apply to have the City Council approve a Mills Act contract. In exchange for receiving a reduction of property taxes, the owners of the landmark property agree to protect, maintain and restore the historic landmark property as appropriate. The applicant has provided a “Rehabilitation/Restoration/Maintenance Work Plan,” which details the proposed reinvestment of property tax savings associated with the subject property. The Rehabilitation/Restoration/Maintenance Work Plan for the property is a part of the Mills Act application and has been incorporated into the proposed Mills Act contract and memorializes the obligations of the property owner to rehabilitate, restore, and maintain certain aspects of the property, and the City’s ability to inspect and verify that those obligations are being fulfilled during the term of each agreement.

FISCAL IMPACT & PROCUREMENT REVIEW
PAGE 29 of 320
There is no immediate financial impact or budget action necessary as a result of the recommended action. If the Mills Act Contract is approved by the City Council, the City’s annual fiscal impact will be approximately $12,086 in property tax reductions. Since this estimate is based on financial data submitted by the applicant, the City will work with the County Assessor to verify all calculations prior to final tax assessments. By executing a Mills Act contract, the City does not corroborate the applicant’s submitted financial statement but authorizes tax abatement for the individual property. Staff will return to Council if specific budget actions are required in the future.

This requires no procurement review.

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

RECOMMENDATION
Staff recommends that the City Council adopt Resolution R-24-27. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Resolution No. R-24-27, approving the Mills Act Contract for the property located at 708 Winston Avenue that is attached to the Staff report.”

ATTACHMENTS

1. Mills Act Narrative

2. Resolution R-24-27

3. Mills Act Application and Work Plan

4. Mills Act Contract
PAGE 30 of 320

Mills Act Application, Supplemental Narrative
C.G. Fitzgerald Residence
708 Winston Avenue, San Marino, California
Prepared for:

City of San Marino
Community Development Department
2200 Huntington Drive
San Marino, California 91108
Prepared by:

Cecelia and Michael Grace
Debi Howell-Ardila, MHP
July 2024
PAGE 31 of 320
Mills Act Application, C.G. Fitzgerald Residence
708 Winston Avenue, San Marino, California
Table of Contents

Section Page

1 Project Background........................................................................................................... 1 2 Overview of Mills Act Work Plan....................................................................................... 2 3 Description of Work Plan and Treatment Approaches ..................................................... 3 4 Mills Act Tax Adjustment Worksheet .............................................................................. 10

Appendix A: Photographic Overview of Existing Conditions Appendix B: Excerpts from Secretary of the Interior’s Standards, 2017, with specific treatment recommendations for Masonry; Wood; Wrought Iron; Roofs; Windows; and Building Site
Appendix C: Resolution No. R-17-26 (A Resolution of San Marino City Council Designating 708 Winston Avenue as a Local Historical Landmark)
PAGE 32 of 320
Mills Act Application, C.G. Fitzgerald Residence, 708 Winston Avenue, San Marino July 2024 Prepared by Debi Howell-Ardila, MHP Page 1

1. Project Background
This Mills Act Historic Property Contract application is for the C.G. Fitzgerald Residence, a single-family home at 708 Winston Avenue, San Marino (APN 5331-008-020), located at the corner of Winston Avenue and Lombardy Road in northeast San Marino.

Designed by master architect Roland E. Coate, Sr., in 1929, 708 Winston Avenue was designated in 2017 as a City of San Marino historic landmark (Resolution No. R-17-26). Known as the C.G. Fitzgerald Residence, the home was found to be a
distinctive example of the Monterey Colonial
Revival architectural style. The designation
occurred before the City of San Marino adopted
a broader Historic Preservation Ordinance in
2018 (codified in Municipal Code Chapter 23.18).

The new ordinance establishes criteria for local
historic landmark designation that mirror the
criteria of the National Register of Historic Places
and California Register of Historical Resources.

In 2020, the City of San Marino commissioned a citywide historic context statement and historical resources survey, utilizing the new criteria of significance. 1 As a result of the context and survey, the
findings regarding the architectural style of the C.G. Fitzgerald Residence were correctly updated to note its embodiment of the Traditional Ranch style (Hacienda Ranch subtype). (Although the two styles— Monterey Colonial Revival and Ranch—share stylistic influences and origins, the Ranch category captures the sprawling, one-story plan, the high degree of indoor-outdoor integration, and the focus on rusticity of the C.G. Fitzgerald Residence.) The residence was also found to be a contributing feature to the Huntington Hill Residential Historic District.

With the C.G. Fitzgerald Residence nearing 100 years of age, a number of critical preservation, rehabilitation, and repair projects are needed for the property. The Mills Act property tax abatement would help the owners complete these projects and ensure the long-term preservation of this important property.

As the owners of a unique designated landmark in San Marino, the owners understand the importance of ensuring that all repair, maintenance and rehabilitation projects follow the City guidelines and the Secretary of the Interior’s Standards for the Treatment of Historic Properties, in order to avoid adverse impacts to the property and to maintain its historic integrity (and therefore, its status as a landmark).

This Mills Act application includes the following sections: (1) Project Background; (2) Overview of Mills Act Work Plan and Schedule; (3) Description of Work Plan and Treatment Approaches; and (4) Financial Analysis. Following the application, Appendix A provides a photographic overview of the property and its existing conditions; Appendix B provides the original resolution designating the property as a historic landmark. This application was prepared for the owners by Debi Howell-Ardila, MHP, a South Pasadenabased historic preservation specialist with over 18 years of experience and a specialized practice in Mills Act applications.
1 City of San Marino, Community Development Department. 2020. “City of San Marino Citywide Historic Resources Survey Report.” Prepared by Architectural Resources Group, Inc., Los Angeles, CA.

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Mills Act Application, C.G. Fitzgerald Residence, 708 Winston Avenue, San Marino July 2024 Prepared by Debi Howell-Ardila, MHP Page 2

2. Overview of Mills Act Work Plan
Prior to commencement of work efforts, Certificates of Appropriateness (CoA) will be obtained by the property owners as required by the City of San Marino Historic Preservation Ordinance, pursuant to Article 18 of the City of San Marino zoning code (“Historic Preservation Ordinance”), Section 23.18.08.

Progress reports will include detailed work descriptions, photographs of work completed, and copies of permits and CoAs/Planning Commission and City staff guidance and input.

The property owners of 708 Winston Avenue will provide annual written updates to the City of San Marino in the final quarter of the year, documenting progress and providing updates and photographs on the Mills Act work plan.

The following provides an overview and schedule for the Mills Act workplan. Details and descriptions of each project component follow in Section 3.

Project Component Completion Year

1. Structural and systems upgrades (pinning foundation, overhaul of 2024-2025 plumbing and electrical systems, new insulation and sealing attic)

2. Repairs and re-pointing brick chimney stack 2024-2025

3. Roof repairs (including new gutters and re-sheathing roof in compatible 2025 fire-resistant shake shingles)

4. Window rehabilitation (repaint, weather stripping and sash repairs where needed) 2026

5. Exterior wood features, spot repairs, refinishing/painting as needed 2026 (including exposed rafter tails, doors, frames)

6. Exterior brick (including sheathing, garden walls, and courtyard post supports) 2027 spot repairs, patching, repointing, and in-kind refinishing

7. Brick floors, entry patio and interior courtyard, spot repairs, buffing, 2028 and refinishing of tile floors

8. Mortarless brick pavers/hardscaping, front and perimeter walkways 2028 repairs/replacement and reinstallation

9. Maintenance: Termite inspections/mitigation Annual inspection

10. Maintenance: Roof inspections and repairs as needed Biannual inspection

11. Maintenance: Exterior brick and wood, repairs as needed Biannual inspection PAGE 34 of 320
Mills Act Application, C.G. Fitzgerald Residence, 708 Winston Avenue, San Marino July 2024 Prepared by Debi Howell-Ardila, MHP Page 3

3. Description of Work Plan and Schedule
Work efforts described in these plans will comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

Proposed Project & Description Est. Cost Year

1. Structural and systems upgrades $251,000 2024-2025
This work item includes a range of necessary systems and structural upgrades. In terms of structural improvements and systems upgrades (which will include a complete replacement of the plumbing and electrical systems), all work will be completed according to industry standards and applicable building codes. A qualified contractor will reinforce elements of the foundation in need of stabilization and reinforcement. Project design and implementation for all systems upgrades will not affect characterdefining features and would avoid direct or indirect impacts to character-defining features. Project also includes new insulation and sealing attic.

2. Fireplace Chimney: re-point and flash brick chimney stack $10,000 2024 The brick chimney, located atop the side gable, needs repointing/flashing. The priority will be retaining as much original brick as possible. Should any character-defining brick need replacement, it will be replaced in-kind to match existing in materials, profile/size, color, finishes, and other aspects of appearance. Mortar color, texture, and materials will be selected for compatibility in appearance and performance.

Secretary’s Standards treatment approach for changes to roof include: identify, retain, and preserve “the functional and decorative features that are important in defining the overall historic character of the building. This includes the roof's shape, such as hipped, gambrel, and mansard; decorative features such as cupolas…chimneys, and weathervanes; and roofing material such as slate, wood, clay tile, and metal, as well as its size, color, and patterning.” See Appendix B, 2017 Standards for Rehabilitation, Masonry, pages 6 to 11, for additional guidance.

Overview of brick chimney stack, rear elevation
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Mills Act Application, C.G. Fitzgerald Residence, 708 Winston Avenue, San Marino July 2024 Prepared by Debi Howell-Ardila, MHP Page 4
Section 3 Description of Work Plan and Priorities (continued) Proposed Project & Description Est. Cost Year

3. Roof system repairs; re-sheathing with wood-shake shingles; $217,000 2025 installation of new copper rain gutters at edge of eaves The prominent, low-pitched roof of the C.G. Fitzgerald Residence is one of the property’s most important character-defining features. Part of this work effort will include removal of roof shingles and replacement with fire-resistant wood-shake shingles, to retain this important character-defining feature.

Repairs will include evaluating roof system and making repairs and structural reinforcement where needed. Work will be planned to avoid any character-defining features. Gutters will replaced and installed using the least invasive means possible. Should any character-defining features require replacement, those features will be replaced in-kind to match existing in appearance, materials, profile/size, and finishes.

Secretary’s Standards treatment approaches for changes to roofs include: identify, retain, and preserve “the functional and decorative features that are important in defining the overall historic character of the building. This includes the roof's shape, such as hipped, gambrel, and mansard; decorative features such as cupolas…chimneys, and weathervanes; and roofing material such as slate, wood, clay tile, and metal, as well as its size, color, and patterning.” See Appendix B, 2017 Standards for Rehabilitation, Roofs, pages 21 to 24, for additional guidance.

Overview of prominent, low-pitched roof with wood-shake shingles PAGE 36 of 320
Mills Act Application, C.G. Fitzgerald Residence, 708 Winston Avenue, San Marino July 2024 Prepared by Debi Howell-Ardila, MHP Page 5
Section 3 Description of Work Plan and Priorities (continued) Proposed Project & Description Est. Cost Year

4. Window repairs/rehabilitation $ 55,000 2026
Rehabilitation of historic windows and French doors to include repair of inoperable windows; reweather stripping where needed; window frames, surrounds, and sills prepped and repainted where needed. Original decorative iron grilles will be cleaned and reinstalled using the existing wall perforations for re-installation. Wood shutters will be repaired/repainted where necessary and reinstalled, utilizing existing wall perforations for re-installation.

Treatment approach will include the gentlest methods possible, for iron grilles, shutters, window removal, glazing repairs, and repainting—contractors will not use power-washing or machine sanding for character-defining features. Gentlest means possible, including hand-sanding, will be used in prepping for any exterior repainting. See Appendix B, 2017 Standards for Rehabilitation, Windows, pages 25 to 29, for additional guidance.

Overview of wood-frame windows and French doors, with decorative shutters and iron grilles PAGE 37 of 320
Mills Act Application, C.G. Fitzgerald Residence, 708 Winston Avenue, San Marino July 2024 Prepared by Debi Howell-Ardila, MHP Page 6
Section 3 Description of Work Plan and Priorities (continued) Proposed Project & Description Est. Cost Year

5. Exterior wood features, spot repairs, refinishing/painting $75,000 2026 (including exposed rafter tails, doors, frames)
Exterior wood features include exposed rafter tails, wood doors, and entrance porch features including support posts, wood-plank ceiling, and framing members. Some wood features require repairs, limited carpentry work, and/or in-kind replacement and refinishing. Repairs to rafter tail ends with signs of deterioration to include but not be limited to use of compatible epoxy consolidants and/or patching. Where needed, any repairs to wood features will retain original materials to the maximum extent practicable. Should repairs be infeasible due to deterioration, replacement will be in-kind to match existing in materials, appearance/patterning, finishes/texture, and size/profile. Finishes will match existing or reflect a period-appropriate palette.

Character-defining materials that are not presently painted or were not originally painted will not be painted but rather finished in accordance with the present finish. Treatment approach will avoid abrasive cleaning methods and use the gentlest methods possible—contractors will not use power-washing or machine sanding for character-defining wood features. See Appendix B, 2017 Standards for Rehabilitation, Wood, pages 12 to 16, for additional guidance.

Overview of exterior wood features and elements, including porch ceiling and post supports, roof rafter tails and overhanging eaves, and doors
PAGE 38 of 320
Mills Act Application, C.G. Fitzgerald Residence, 708 Winston Avenue, San Marino July 2024 Prepared by Debi Howell-Ardila, MHP Page 7
Section 3 Description of Work Plan and Priorities (continued) Proposed Project & Description Est. Cost Year

6. Exterior brick (including sheathing, garden walls, and courtyard $75,000 2027 post supports) spot repairs, patching, repointing, and in-kind refinishing Exterior brick features (including walls and courtyard post supports) require spot repairs, cleaning, repointing, and in-kind refinishing. Previous incompatible patches will be removed and repatched with compatible materials to match historic mortar as closely as possible in appearance (color and texture) and performance. Brick garden walls with detachment/failing joints will be stabilized and repaired.

The priority will be retaining as much original brick as possible. Should brick need replacement, it will be in-kind to match existing in materials, profile/size, color, texture, and finishes. Mortar color, texture, and materials will be selected for compatibility in appearance and performance. Areas with “rising damp” (i.e., the suction of groundwater into the base of masonry walls), as seen along the south elevation foundation, and the growth of organic matter/mold will be addressed and any water intrusion issues mitigated to prevent or lessen mold growth.

Treatment approach will avoid abrasive cleaning methods (such as pressure washing) and use the gentlest methods possible. Cleaning will utilize a mild detergent and natural or synthetic brush (avoiding use of a steel brush, which can leave metal residue on the brick and can cause rust and staining). Project may include developing and implementing a plan for the removal of the ivy covering the north elevation brick walls encircling motor court. See Appendix B, 2017 Standards for Rehabilitation, Masonry, pages 6 to 11, for additional guidance.

Overview of exterior brick features, including central courtyard porch supports, brick wall enclosing garden and motor court (including portion on north elevation covered in ivy), and exterior walls PAGE 39 of 320
Mills Act Application, C.G. Fitzgerald Residence, 708 Winston Avenue, San Marino July 2024 Prepared by Debi Howell-Ardila, MHP Page 8
Section 3 Description of Work Plan and Priorities (continued) Proposed Project & Description Est. Cost Year

7. Brick floors, entry patio and interior courtyard, spot repairs, $35,000 2028 cleaning and buffing of brick floors
Repair/replace as needed damaged, cracked, or missing brick pavers at entrance patio and interior courtyard patio. New elements to match existing in size, shape, material, color, and texture. New mortar should match existing in color, texture, strength, and width/profile of the joints and in performance.

Treatment approach will avoid abrasive cleaning or refinishing methods (such as pressure washing) and use the gentlest methods possible. Cleaning will utilize water or a mild detergent and natural/soft brush (avoid use of steel brush, which can leave metal residue on the brick and cause rust and staining).

Where brick presently does not have a sealant or finish, no sealants or finishes should be added. See Appendix B, 2017 Standards for Rehabilitation, Masonry, pages 6 to 11, for additional guidance.

Overview of brick floors, entrance patio and interior courtyard

PAGE 40 of 320
Mills Act Application, C.G. Fitzgerald Residence, 708 Winston Avenue, San Marino July 2024 Prepared by Debi Howell-Ardila, MHP Page 9
Section 3 Description of Work Plan and Priorities (continued) Proposed Project & Description Est. Cost Year

8. Mortarless brick pavers/hardscaping, front and perimeter walkways $15,000 2028 repairs/replacement and reinstallation
Repair/replace as needed damaged, eroding, or missing brick pavers along the front and perimeter walkways. New elements to match existing in size, shape, material, color, and texture.

Treatment approach will avoid abrasive cleaning methods (such as pressure washing) and use the gentlest methods possible. Cleaning will utilize a mild detergent and natural or synthetic brush (avoiding use of a steel brush, which can leave metal residue on the brick and can cause rust and staining).

Where brick presently does not have a sealant or finish, no sealants or finishes should be added. See Appendix B, 2017 Standards for Rehabilitation, Masonry, pages 6 to 11, and Building Site, pages 30 to 34, for additional guidance.

Overview of brick hardscaping/pavers, front and perimeter walkways

PAGE 41 of 320
Mills Act Application, C.G. Fitzgerald Residence, 708 Winston Avenue, San Marino July 2024 Prepared by Debi Howell-Ardila, MHP Page 10

4. Mills Act Tax Adjustment Worksheet
The following section provides a summary of the tax adjustment calculation for 708 Winston Avenue; a detailed breakdown of all calculations follows in Table 1 below. Baseline assumptions include monthly rent for this 5,100-square-foot property of $10,000 (which is comparable with current rental rates as of April 2024 in the City of San Marino).

Proposed Component Est. Cost Schedule

1. Structural and systems upgrades (pinning foundation, overhaul of $ 251,000 2024-2025 plumbing and electrical systems, new insulation and sealing attic)

2. Repairs and re-pointing brick chimney stack $ 10,000 2024-2025

3. Roof repairs (including new gutters and re-sheathing roof in compatible $ 217,000 2025 fire-resistant shake shingles)

4. Window rehabilitation (repaint, weather stripping $ 55,000 2026 and sash repairs where needed)

5. Exterior wood features, spot repairs, refinishing/painting as needed $ 75,000 2026 (including exposed rafter tails, doors, frames)

6. Exterior brick (including sheathing, garden walls, and courtyard $ 75,000 2027 post supports) spot repairs, patching, repointing, and in-kind refinishing

7. Brick floors, entry patio and interior courtyard, spot repairs, buffing, $ 35,000 2028 and refinishing of tile floors

8. Mortarless brick pavers/hardscaping, front and perimeter walkways $ 15,000 2028 repairs/replacement and reinstallation
Owner’s Total Investment in 708 Winston Avenue: $ 733,000 Total Tax Savings for Owners (10-year period) $ 467,236 Average Annual Cost to the City of San Marino: $ 12,086 PAGE 42 of 320
Mills Act Application, C.G. Fitzgerald Residence, 708 Winston Avenue, San Marino July 2024 Prepared by Debi Howell-Ardila, MHP Page 11
Table 1. Mills Act Tax Adjustment Worksheet, 708 Winston Avenue Mills Act Application, 708 Winston Avenue, Financial Analysis Property Address:

Type:

Landmark #:

REVENUES Annual
Increase
Current Yr
2024
Year 1 2025 Year 2
2026
Year 3
2027
Year 4
2028
Year 5
2029
Year 6
2030
Year 7
2031
Year 8 2032 Year 9
2033
Year 10
2034

1. Monthly Revenues 10,000.00 10,300.00 10,609.00 10,927.27 11,255.09 11,592.74 11,940.52 12,298.74 12,667.70 13,047.73 13,439.16

2. Annual Rental Income 3.0% 120,000.00 123,600.00 127,308.00 131,127.24 135,061.06 139,112.89 143,286.28 147,584.86 152,012.41 156,572.78 161,269.97

ANNUAL EXPENSES

3. Insurance 5.0% 7,500.00 7,875.00 8,268.75 8,682.19 9,116.30 9,572.11 10,050.72 10,553.25 11,080.92 11,634.96 12,216.71

4. Utilities 6.0% 5,000.00 5,300.00 5,618.00 5,955.08 6,312.38 6,691.13 7,092.60 7,518.15 7,969.24 8,447.39 8,954.24 Total Costs

5. Maintenance 5.0% 55,500.00 58,275.00 61,188.75 64,248.19 67,460.60 70,833.63 74,375.31 78,094.07 81,998.78 86,098.72 90,403.65 $732,976.69 6/7. Management / Other 0.00

TOTAL EXPENSES

8. Sum lines 3 through 7 $68,000.00 $71,450.00 $75,075.50 $78,885.46 $82,889.28 $87,096.87 $91,518.62 $96,165.48 $101,048.93 $106,181.07 $111,574.60

ANNUAL NET INCOME

9. Line 2 minus line 8 $52,000.00 $52,150.00 $52,232.50 $52,241.79 $52,171.78 $52,016.02 $51,767.65 $51,419.39 $50,963.48 $50,391.71 $49,695.37

CAPITALIZATION RATE

10. Interest Component 5.75%

11. Historic Property Risk
Component 4.00%

12. Property Tax Component 1.016%

13. Amortization Component
(Improvement/Land Value x .03) 0.75%

14. Total Capitalization Rate 11.52%

NEW ASSESSED VALUE

15. Mills Act Assessment
(Line 9 divided by Line 14) $451,545.68 $461,931.23 $472,555.64 $483,424.42 $494,543.19 $505,917.68 $517,553.79 $529,457.52 $541,635.05 $554,092.65 $566,836.78 TAXES: AMOUNT TO BE PAID

16. Tax under Mills Act
(Line 15 x .01035146) 4,674.16 4,781.66 4,891.64 5,004.15 5,119.24 5,236.99 5,357.44 5,480.66 5,606.71 5,735.67 5,867.59

17. Current Tax 1.160% 48,807.00 49,373.16 49,945.89 50,525.26 51,111.36 51,704.25 52,304.02 52,910.74 53,524.51 54,145.39 54,773.48 Total Tax Savings

18. Tax Savings
(Line 17 minus line 16) 44,132.84 44,591.50 45,054.25 45,521.11 45,992.11 46,467.26 46,946.58 47,430.08 47,917.79 48,409.72 48,905.89 $467,236.30 TAXES: COST TO CITY Annual Average

19. Annual Cost to City 26% $11,474.54 $11,593.79 $11,714.10 $11,835.49 $11,957.95 $12,081.49 $12,206.11 $12,331.82 $12,458.63 $12,586.53 $12,715.53 $12,086.91 708 Winston Avenue, San Marino, California Assessor's ID #: 5331-008-020 Single-family Residence Current Assessed Value: $ 4,785,000 Designated in 2017 as a City of San Marino historic landmark (Resolution No. R-17-26) PAGE 43 of 320

Appendix A
Photographic Overview, 708 Winston Avenue
PAGE 44 of 320
Figure 1 Overview of 708 Winston Avenue, at the corner of Winston (toward the left of the photo) and Lombardy Road (at the top), aerial perspective Figure 2 Northeast perspective; image shows rear elevation, interior courtyard, motor court, and character-defining brick wall fronting property at the sidewalk PAGE 45 of 320
Figure 3 Overview of 708 Winston Avenue, northwest perspective; image shows low-pitched front-gabled and hipped roof, deep setback from street, interior courtyard, motor court, and character-defining brick wall fronting property on the north Figure 4 Overview of façade, west elevation, with one-story mass, prominent, wood-shake roof with low-pitched side-gable and hipped form, deep setback from sidewalk, and parklike setting, west perspective PAGE 46 of 320
Figure 5 Overview, northwest corner of property with deep setback and park-like setting, northwest perspective
Figure 6 North elevation and entrance to motor court, north perspective PAGE 47 of 320
Figure 7 Overview of interior courtyard, east perspective Figure 8 Overview of interior courtyard, west perspective; this area was originally landscape (pool and extant hardscaping are later additions)
PAGE 48 of 320
Figure 9 Overview of east elevation of house and backyard, east perspective Figure 10 Detail of façade and brick walkway from sidewalk, west perspective PAGE 49 of 320
Figure 11 Detail of façade, window design and configuration, west perspective Figure 12 Detail of façade, north perspective
PAGE 50 of 320
Figure 13 Detail of façade windows, west perspective
Figure 14 Detail of chimney, façade, south perspective
PAGE 51 of 320
Figure 15 Detail of entry porch, west elevation, north perspective Figure 16 Detail of entrance patio, west elevation, south perspective PAGE 52 of 320
Figure 17 Southwest corner of house, west perspective
Figure 18 South elevation (limited visibility due to proximity of landscaping), west perspective PAGE 53 of 320
Figure 19 South elevation (limited visibility due to proximity of landscaping), east perspective PAGE 54 of 320
Figure 20 South elevation (limited visibility due to proximity of landscaping), southeast perspective
Figure 21 Detail of roof eaves and rounded rafter tails PAGE 55 of 320
Figure 22 North elevation from public right-of-way, northeast perspective Figure 23 North elevation, servant’s quarters patio, from inside brick garden walls that encircle property on north elevation
PAGE 56 of 320
Figure 24 Detail of north elevation windows, west perspective PAGE 57 of 320
Figure 25 North elevation, entrance to servant’s quarters, north perspective, from inside brick garden walls that encircle property on north elevation
PAGE 58 of 320
Figure 26 North elevation, entrance to servant’s quarters bathroom, east perspective, from inside brick garden walls that encircle property on north elevation PAGE 59 of 320
Figure 27 East elevation, converted garage and motorcourt, east perspective Figure 28 Interior courtyard and south elevation of converted garage, south perspective PAGE 60 of 320
Figure 29 Detail of sunroom and interior courtyard, south perspective PAGE 61 of 320
Figure 30 Detail of interior courtyard windows with iron grilles, northwest perspective PAGE 62 of 320
Figure 31 Detail of interior courtyard French doors, leading to Master Suite, north perspective PAGE 63 of 320
Figure 32 Detail, windows on east elevation facing backyard, east perspective PAGE 64 of 320
Appendix B
Excerpts from Secretary of the Interior’s Standards,
2017, with specific treatment recommendations for
Masonry; Wood; Wrought Iron; Roofs; Windows;
and Building Site
PAGE 65 of 320

REHABILITATION REHABILITATION

STANDARDS FOR REHABILITATION & GUIDELINES

FOR REHABILITATING HISTORIC BUILDINGS
Rehabilitation

Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.
75 PAGE 66 of 320

REHABILITATION
76 Standards for Rehabilitation

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

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REHABILITATION

GUIDELINES FOR REHABILITATING HISTORIC BUILDINGS

INTRODUCTION
In Rehabilitation, historic building materials and character-defining features are protected and maintained as they are in the treatment Preservation. However, greater latitude is given in the Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings to replace extensively deteriorated, damaged, or missing features using either the same material or compatible substitute materials. Of the four treatments, only Rehabilitation allows alterations and the construction of a new addition, if necessary for a continuing or new use for the historic building.

Identify, Retain, and Preserve Historic
Materials and Features
The guidance for the treatment Rehabilitation begins with recommendations to identify the form and detailing of those architectural materials and features that are important in defining the building’s historic character and which must be retained to preserve that character. Therefore, guidance on identifying, retaining, and preserving character-defining features is always given first.

Protect and Maintain Historic Materials and
Features
After identifying those materials and features that are important and must be retained in the process of Rehabilitation work, then protecting and maintaining them are addressed. Protection generally involves the least degree of intervention and is preparatory to other work. Protection includes the maintenance of historic materials and features as well as ensuring that the property is protected before and during rehabilitation work. A historic building undergoing rehabilitation will often require more extensive work. Thus, an overall evaluation of its physical condition should always begin at this level.

Repair Historic Materials and Features
Next, when the physical condition of character-defining materials and features warrants additional work, repairing is recommended.

Rehabilitation guidance for the repair of historic materials, such as masonry, again begins with the least degree of intervention possible.

In rehabilitation, repairing also includes the limited replacement in kind or with a compatible substitute material of extensively deteriorated or missing components of features when there are surviving prototypes features that can be substantiated by documentary and physical evidence. Although using the same kind of material is always the preferred option, a substitute material may be an acceptable alternative if the form, design, and scale, as well as the substitute material itself, can effectively replicate the appearance of the remaining features.

Replace Deteriorated Historic Materials and
Features
Following repair in the hierarchy, Rehabilitation guidance is provided for replacing an entire character-defining feature with new material because the level of deterioration or damage of materials precludes repair. If the missing feature is character defining or if it is critical to the survival of the building (e.g., a roof), it should be replaced to match the historic feature based on physical or hisINTRODUCTION 77 PAGE 68 of 320

REHABILITATION
78 toric documentation of its form and detailing. As with repair, the preferred option is always replacement of the entire feature in kind (i.e., with the same material, such as wood for wood). However, when this is not feasible, a compatible substitute material that can reproduce the overall appearance of the historic material may be considered.

It should be noted that, while the National Park Service guidelines recommend the replacement of an entire character-defining feature that is extensively deteriorated, the guidelines never recommend removal and replacement with new material of a feature that could reasonably be repaired and, thus, preserved.

Design for the Replacement of Missing
Historic Features
When an entire interior or exterior feature is missing, such as a porch, it no longer plays a role in physically defining the historic character of the building unless it can be accurately recovered in form and detailing through the process of carefully documenting the historic appearance. If the feature is not critical to the survival of the building, allowing the building to remain without the feature is one option. But if the missing feature is important to the historic character of the building, its replacement is always recommended in the Rehabilitation guidelines as the first, or preferred, course of action. If adequate documentary and physical evidence exists, the feature may be accurately reproduced. A second option in a rehabilitation treatment for replacing a missing feature, particularly when the available information about the feature is inadequate to permit an accurate reconstruction, is to design a new feature that is compatible with the overall historic character of the building.

The new design should always take into account the size, scale, and material of the building itself and should be clearly differentiated from the authentic historic features. For properties that have changed over time, and where those changes have acquired significance, reestablishing missing historic features generally should not be undertaken if the missing features did not coexist with the features currently on the building. Juxtaposing historic features that did not exist concurrently will result in a false sense of the building’s history.

Alterations
Some exterior and interior alterations to a historic building are generally needed as part of a Rehabilitation project to ensure its continued use, but it is most important that such alterations do not radically change, obscure, or destroy character-defining spaces, materials, features, or finishes. Alterations may include changes to the site or setting, such as the selective removal of buildings or other features of the building site or setting that are intrusive, not character defining, or outside the building’s period of significance.

Code-Required Work:

Accessibility and Life Safety
Sensitive solutions to meeting code requirements in a
Rehabilitation project are an important part of protecting the historic character of the building. Work that must be done to meet accessibility and life-safety requirements must also be assessed for its potential impact on the historic building, its site, and setting.

Resilience to Natural Hazards
Resilience to natural hazards should be addressed as part of a Rehabilitation project. A historic building may have existing characteristics or features that help to address or minimize the impacts of natural hazards. These should always be used to best advantage when considering new adaptive treatments so as to have the least impact on the historic character of the building, its site, and setting.

INTRODUCTION
PAGE 69 of 320

REHABILITATION

Sustainability
Sustainability should be addressed as part of a Rehabilitation project. Good preservation practice is often synonymous with sustainability. Existing energy-efficient features should be retained and repaired. Only sustainability treatments should be considered that will have the least impact on the historic character of the building.

The topic of sustainability is addressed in detail in The Secretary of the Interior’s Standards for Rehabilitation & Illustrated Guidelines on Sustainability for Rehabilitating Historic Buildings.

New Exterior Additions and Related New
Construction
Rehabilitation is the only treatment that allows expanding a historic building by enlarging it with an addition. However, the Rehabilitation guidelines emphasize that new additions should be considered only after it is determined that meeting specific new needs cannot be achieved by altering non-character-defining interior spaces. If the use cannot be accommodated in this way, then an attached exterior addition may be considered. New additions should be designed and constructed so that the character-defining features of the historic building, its site, and setting are not negatively impacted. Generally, a new addition should be subordinate to the historic building. A new addition should be compatible, but differentiated enough so that it is not confused as historic or original to the building. The same guidance applies to new construction so that it does not negatively impact the historic character of the building or its site.

Rehabilitation as a Treatment. When repair and replacement of deteriorated features are necessary; when alterations or additions to the property are planned for a new or continued use; and when its depiction at a particular time is not appropriate, Rehabilitation may be considered as a treatment. Prior to undertaking work, a documentation plan for Rehabilitation should be developed.

INTRODUCTION 79 PAGE 70 of 320

REHABILITATION
MASONRY: STONE, BRICK, TERRA COTTA, CONCRETE, ADOBE, STUCCO, AND MORTAR

RECOMMENDED NOT RECOMMENDED
Identifying, retaining and preserving masonry features that are important in defining the overall historic character of the building (such as walls, brackets, railings, cornices, window and door surrounds, steps, and columns) and decorative ornament and other details, such as tooling and bonding patterns, coatings, and color.

Removing or substantially changing masonry features which are important in defining the overall historic character of the building so that, as a result, the character is diminished.

Replacing or rebuilding a major portion of exterior masonry walls that could be repaired, thereby destroying the historic integrity of the building.

Applying paint or other coatings (such as stucco) to masonry that has been historically unpainted or uncoated to create a new appearance.

Removing paint from historically-painted masonry.

Protecting and maintaining masonry by ensuring that historic drainage features and systems that divert rainwater from masonry surfaces (such as roof overhangs, gutters, and downspouts) are intact and functioning properly.

Failing to identify and treat the causes of masonry deterioration, such as leaking roofs and gutters or rising damp.

Cleaning masonry only when necessary to halt deterioration or remove heavy soiling.

Cleaning masonry surfaces when they are not heavily soiled to create a “like-new” appearance, thereby needlessly introducing chemicals or moisture into historic materials.

Carrying out masonry cleaning tests when it has been determined Cleaning masonry surfaces without testing or without sufficient time that cleaning is appropriate. Test areas should be examined for the testing results to be evaluated. to ensure that no damage has resulted and, ideally, monitored over a sufficient period of time to allow long-range effects to be predicted.
[1] An alkaline-based
product is appropriate
to use to clean historic
marble because it will
not damage the marble,
which is acid sensitive.
80 MASONRY
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REHABILITATION
MASONRY: STONE, BRICK, TERRA COTTA, CONCRETE, ADOBE, STUCCO, AND MORTAR

RECOMMENDED NOT RECOMMENDED
Cleaning soiled masonry surfaces with the gentlest method possible, such as using low-pressure water and detergent and natural bristle or other soft-bristle brushes.

Cleaning or removing paint from masonry surfaces using most abrasive methods (including sandblasting, other media blasting, or high-pressure water) which can damage the surface of the masonry and mortar joints.

Using a cleaning or paint-removal method that involves water or liquid chemical solutions when there is any possibility of freezing temperatures.

Cleaning with chemical products that will damage some types of masonry (such as using acid on limestone or marble), or failing to neutralize or rinse off chemical cleaners from masonry surfaces. [3] Not Recommended:

The white film on the upper corner
of this historic brick row house is
the result of using a scrub or slurry
coating, rather than traditional
repointing by hand, which is the
recommended method.
[4] Not Recommended:

The quoins on the left side of the
photo show that high-pressure
abrasive blasting used to remove
paint can damage even early 20thcentury, hard-baked, textured brick and erode the mortar, whereas
the same brick on the right, which
was not abrasively cleaned, is
undamaged.
82 MASONRY
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REHABILITATION
MASONRY: STONE, BRICK, TERRA COTTA, CONCRETE, ADOBE, STUCCO, AND MORTAR

RECOMMENDED NOT RECOMMENDED
Using biodegradable or environmentally-safe cleaning or paintremoval products.

Using paint-removal methods that employ a poultice to which paint adheres, when possible, to neatly and safely remove old lead paint.

Using coatings that encapsulate lead paint, when possible, where the paint is not required to be removed to meet environmental regulations.

Allowing only trained conservators to use abrasive or laser-cleaning methods, when necessary, to clean hard-to-reach, highlycarved, or detailed decorative stone features.

Removing damaged or deteriorated paint only to the next sound layer using the gentlest method possible (e.g., hand scraping) prior to repainting.

Removing paint that is firmly adhered to masonry surfaces, unless the building was unpainted historically and the paint can be removed without damaging the surface.

Applying compatible paint coating systems to historically-painted masonry following proper surface preparation.

Failing to follow manufacturers’ product and application instructions when repainting masonry features.

Repainting historically-painted masonry features with colors that are appropriate to the historic character of the building and district.

Using paint colors on historically-painted masonry features that are not appropriate to the historic character of the building and district.

Protecting adjacent materials when cleaning or removing paint from masonry features.

Failing to protect adjacent materials when cleaning or removing paint from masonry features.

Evaluating the overall condition of the masonry to determine whether more than protection and maintenance, such as repairs to masonry features, will be necessary.

Failing to undertake adequate measures to ensure the protection of masonry features.

Repairing masonry by patching, splicing, consolidating, or otherwise reinforcing the masonry using recognized preservation methods. Repair may include the limited replacement in kind or with a compatible substitute material of those extensively deteriorated or missing parts of masonry features when there are surviving prototypes, such as terra-cotta brackets or stone balusters.

Removing masonry that could be stabilized, repaired, and conserved, or using untested consolidants and unskilled personnel, potentially causing further damage to historic materials.

Replacing an entire masonry feature, such as a cornice or balustrade, when repair of the masonry and limited replacement of deteriorated or missing components are feasible.

MASONRY 83 PAGE 73 of 320

REHABILITATION
MASONRY: STONE, BRICK, TERRA COTTA, CONCRETE, ADOBE, STUCCO, AND MORTAR

RECOMMENDED NOT RECOMMENDED
Repairing masonry walls and other masonry features by repoint- Removing non-deteriorated mortar from sound joints and then ing the mortar joints where there is evidence of deterioration, repointing the entire building to achieve a more uniform appearsuch as disintegrating mortar, cracks in mortar joints, loose ance. bricks, or damaged plaster on the interior.

Removing deteriorated lime mortar carefully by hand raking the joints to avoid damaging the masonry.

Using power tools only on horizontal joints on brick masonry in conjunction with hand chiseling to remove hard mortar that is deteriorated or that is a non-historic material which is causing damage to the masonry units. Mechanical tools should be used only by skilled masons in limited circumstances and generally not on short, vertical joints in brick masonry.

Allowing unskilled workers to use masonry saws or mechanical tools to remove deteriorated mortar from joints prior to repointing.

Duplicating historic mortar joints in strength, composition, color, and texture when repointing is necessary. In some cases, a limebased mortar may also be considered when repointing Portland cement mortar because it is more flexible.

Repointing masonry units with mortar of high Portland cement content (unless it is the content of the historic mortar).

Using “surface grouting” or a “scrub” coating technique, such as a “sack rub” or “mortar washing,” to repoint exterior masonry units instead of traditional repointing methods.

Repointing masonry units (other than concrete) with a synthetic caulking compound instead of mortar.

Duplicating historic mortar joints in width and joint profile when repointing is necessary.

Changing the width or joint profile when repointing.

Repairing stucco by removing the damaged material and patching with new stucco that duplicates the old in strength, composition, color, and texture.

Removing sound stucco or repairing with new stucco that is different in composition from the historic stucco.

Patching stucco or concrete without removing the source of deterioration.

Replacing deteriorated stucco with synthetic stucco, an exterior finish and insulation system (EFIS), or other non-traditional materials. 84 MASONRY
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REHABILITATION
MASONRY: STONE, BRICK, TERRA COTTA, CONCRETE, ADOBE, STUCCO, AND MORTAR

RECOMMENDED NOT RECOMMENDED
Using mud plaster or a compatible lime-plaster adobe render, when appropriate, to repair adobe.

Applying cement stucco, unless it already exists, to adobe.

Sealing joints in concrete with appropriate flexible sealants and backer rods, when necessary.

Cutting damaged concrete back to remove the source of deterioration, such as corrosion on metal reinforcement bars. The new patch must be applied carefully so that it will bond satisfactorily with and match the historic concrete.

Patching damaged concrete without removing the source of deterioration. [5] Rebars in the reinforced concrete ceiling have rusted, causing the concrete to spall. The rebars must be cleaned of rust before the concrete can be patched. [6] Some areas of the concrete brise soleil screen on this building constructed in 1967 are badly deteriorated. If the screen cannot be repaired, it may be replaced in kind or with a composite substitute material with the same appearance as the concrete.

MASONRY 85 PAGE 75 of 320

REHABILITATION
MASONRY: STONE, BRICK, TERRA COTTA, CONCRETE, ADOBE, STUCCO, AND MORTAR

RECOMMENDED NOT RECOMMENDED
Using a non-corrosive, stainless-steel anchoring system when replacing damaged stone, concrete, or terra-cotta units that have failed.

Applying non-historic surface treatments, such as water-repellent coatings, to masonry only after repointing and only if masonry repairs have failed to arrest water penetration problems.

Applying waterproof, water-repellent, or non-original historic coatings (such as stucco) to masonry as a substitute for repointing and masonry repairs.

Applying permeable, anti-graffiti coatings to masonry when appropriate.

Applying water-repellent or anti-graffiti coatings that change the historic appearance of the masonry or that may trap moisture if the coating is not sufficiently permeable.

Replacing in kind an entire masonry feature that is too deteriorated to repair (if the overall form and detailing are still evident) using the physical evidence as a model to reproduce the feature or when the replacement can be based on historic documentation. Examples can include large sections of a wall, a cornice, pier, or parapet. If using the same kind of material is not feasible, then a compatible substitute material may be considered.

Removing a masonry feature that is unrepairable and not replacing it, or replacing it with a new feature that does not match.

Using substitute material for the replacement that does not convey the same appearance of the surviving components of the masonry feature.

The following work is highlighted to indicate that it is specific to Rehabilitation projects and should only be considered after the preservation concerns have been addressed.

Designing the Replacement for Missing Historic Features Designing and installing a replacement masonry feature, such as Creating an inaccurate appearance because the replacement for a step or door pediment, when the historic feature is completely the missing masonry feature is based upon insufficient physical or missing. It may be an accurate restoration based on documentary historic documentation, is not a compatible design, or because the and physical evidence, but only when the historic feature to be feature to be replaced did not coexist with the features currently on replaced coexisted with the features currently on the building. Or, the building. it may be a new design that is compatible with the size, scale, material, and color of the historic building. Introducing a new masonry feature that is incompatible in size, scale, material, or color.

MASONRY 87 PAGE 76 of 320

REHABILITATION
WOOD: CLAPBOARD, WEATHERBOARD, SHINGLES, AND

OTHER FUNCTIONAL AND DECORATIVE ELEMENTS

RECOMMENDED NOT RECOMMENDED
Identifying, retaining and preserving wood features that are important in defining the overall historic character of the building (such as siding, cornices, brackets, window and door surrounds, and steps) and their paints, finishes, and colors.

Removing or substantially changing wood features which are important in defining the overall historic character of the building so that, as a result, the character is diminished.

Removing a major portion of the historic wood from a façade instead of repairing or replacing only the deteriorated wood, then reconstructing the façade with new material to achieve a uniform or “improved” appearance.

Changing the type of finish, coating, or historic color of wood features, thereby diminishing the historic character of the exterior.

Failing to renew failing paint or other coatings that are historic finishes.

Stripping historically-painted surfaces to bare wood and applying a clear finish rather than repainting.

Stripping paint or other coatings to reveal bare wood, thereby exposing historically-coated surfaces to the effects of accelerated weathering.

Removing wood siding (clapboards) or other covering (such as stucco) from log structures that were covered historically, which changes their historic character and exposes the logs to accelerated deterioration.

Protecting and maintaining wood features by ensuring that historic drainage features that divert rainwater from wood surfaces (such as roof overhangs, gutters, and downspouts) are intact and functioning properly.

Failing to identify and treat the causes of wood deterioration, such as faulty flashing, leaking gutters, cracks and holes in siding, deteriorated caulking in joints and seams, plant material growing too close to wood surfaces, or insect or fungal infestation. 88 WOOD
PAGE 77 of 320

REHABILITATION
WOOD: CLAPBOARD, WEATHERBOARD, SHINGLES, AND

OTHER FUNCTIONAL AND DECORATIVE ELEMENTS

RECOMMENDED NOT RECOMMENDED
Applying chemical preservatives or paint to wood features that are subject to weathering, such as exposed beam ends, outriggers, or rafter tails.

Using chemical preservatives (such as creosote) which, unless they were used historically, can change the appearance of wood features.

Implementing an integrated pest management plan to identify appropriate preventive measures to guard against insect damage, such as installing termite guards, fumigating, and treating with chemicals.

Retaining coatings (such as paint) that protect the wood from moisture and ultraviolet light. Paint removal should be considered only when there is paint surface deterioration and as part of an overall maintenance program which involves repainting or applying other appropriate coatings.

Stripping paint or other coatings from wood features without recoating. [8] Rotted clapboards
have been replaced
selectively with new
wood siding to match the
originals.

WOOD 89 PAGE 78 of 320

REHABILITATION
WOOD: CLAPBOARD, WEATHERBOARD, SHINGLES, AND

OTHER FUNCTIONAL AND DECORATIVE ELEMENTS

RECOMMENDED NOT RECOMMENDED
Removing damaged or deteriorated paint to the next sound layer using the gentlest method possible (e.g., hand scraping and hand sanding) prior to repainting.

Using potentially-damaging paint-removal methods on wood surfaces, such as open-flame torches, orbital sanders, abrasive methods (including sandblasting, other media blasting, or high-pressure water), or caustic paint-removers.

Removing paint that is firmly adhered to wood surfaces.

Using chemical strippers primarily to supplement other methods such as hand scraping, hand sanding, and thermal devices.

Failing to neutralize the wood thoroughly after using chemical paint removers so that new paint may not adhere.

Removing paint from detachable wood features by soaking them in a caustic solution, which may roughen the surface, split the wood, or result in staining from residual acids leaching out of the wood.

Using biodegradable or environmentally-safe cleaning or paintremoval products.

Using paint-removal methods that employ a poultice to which paint adheres, when possible, to neatly and safely remove old lead paint.

Using thermal devices (such as infrared heaters) carefully to remove paint when it is so deteriorated that total removal is necessary prior to repainting.

Using a thermal device to remove paint from wood features without first checking for and removing any flammable debris behind them.

Using thermal devices without limiting the amount of time the wood feature is exposed to heat.

Using coatings that encapsulate lead paint, when possible, where the paint is not required to be removed to meet environmental regulations.

Applying compatible paint coating systems to historically-painted wood following proper surface preparation.

Failing to follow manufacturers’ product and application instructions when repainting wood features.

Repainting historically-painted wood features with colors that are appropriate to the building and district.

Using paint colors on historically-painted wood features that are not appropriate to the building or district.
90 WOOD
PAGE 79 of 320

REHABILITATION

WOOD: CLAPBOARD, WEATHERBOARD, SHINGLES, AND

OTHER FUNCTIONAL AND DECORATIVE ELEMENTS

RECOMMENDED NOT RECOMMENDED
Protecting adjacent materials when working on other wood features.

Failing to protect adjacent materials when working on wood features.

Evaluating the overall condition of the wood to determine whether more than protection and maintenance, such as repairs to wood features, will be necessary.

Failing to undertake adequate measures to ensure the protection of wood features.
[9] Smooth-surfaced cementitious
siding (left) may be used to replace
deteriorated wood siding only on
secondary elevations that have
minimal visibility. [10] Not Recommended:

Cementitious siding with a raised
wood-grain texture is not an
appropriate material to replace
historic wood siding, which has a
smooth surface when painted.

WOOD 91 PAGE 80 of 320

REHABILITATION
WOOD: CLAPBOARD, WEATHERBOARD, SHINGLES, AND

OTHER FUNCTIONAL AND DECORATIVE ELEMENTS

RECOMMENDED NOT RECOMMENDED
Repairing wood by patching, splicing, consolidating, or otherwise Removing wood that could be stabilized, repaired, and conserved, reinforcing the wood using recognized conservation methods. or using untested consolidants and unskilled personnel, potentially Repair may include the limited replacement in kind or with a causing further damage to historic materials. compatible substitute material of those extensively deteriorated or missing components of wood features when there are surviving Replacing an entire wood feature, such as a cornice or balustrade, prototypes, such as brackets, molding, or sections of siding. when repair of the wood and limited replacement of deteriorated or missing components is feasible.

Replacing in kind an entire wood feature that is too deterio- Removing a wood feature that is unrepairable and not replacing it, rated to repair (if the overall form and detailing are still evident) or replacing it with a new feature that does not match. using physical evidence as a model to reproduce the feature or when the replacement can be based on historic documentation. Using substitute material for the replacement that does not convey Examples of such wood features include a cornice, entablature, the same appearance of the surviving components of the wood or a balustrade. If using wood is not feasible, then a compatible feature. substitute material may be considered.

Replacing a deteriorated wood feature or wood siding on a primary or other highly-visible elevation with a new matching wood feature.

Replacing a deteriorated wood feature or wood siding on a primary or other highly-visible elevation with a composite substitute material.

The following work is highlighted to indicate that it is specific to Rehabilitation projects and should only be considered after the preservation concerns have been addressed.

Designing the Replacement for Missing Historic Features Designing and installing a replacement masonry feature, such as Creating an inaccurate appearance because the replacement for a step or door pediment, when the historic feature is completely the missing masonry feature is based upon insufficient physical or missing. It may be an accurate restoration based on documentary historic documentation, is not a compatible design, or because the and physical evidence, but only when the historic feature to be feature to be replaced did not coexist with the features currently on replaced coexisted with the features currently on the building. Or, the building. it may be a new design that is compatible with the size, scale, material, and color of the historic building. Introducing a new wood feature that is incompatible in size, scale, material, or color.
92 WOOD
PAGE 81 of 320

REHABILITATION
METALS: WROUGHT AND CAST IRON, STEEL, PRESSED METAL, TERNEPLATE,

COPPER, ALUMINUM, AND ZINC

RECOMMENDED NOT RECOMMENDED
Identifying, retaining, and preserving metal features that are Removing or substantially changing metal features which are imporimportant in defining the overall historic character of the building tant in defining the overall historic character of the building so that, (such as columns, capitals, pilasters, spandrel panels, or stair- as a result, the character is diminished. ways) and their paints, finishes, and colors. The type of metal should be identified prior to work because each metal has its own Removing a major portion of the historic metal from a façade properties and may require a different treatment. instead of repairing or replacing only the deteriorated metal, then reconstructing the façade with new material to achieve a uniform or “improved” appearance.

Protecting and maintaining metals from corrosion by providing proper drainage so that water does not stand on flat, horizontal surfaces or accumulate in curved decorative features.

Failing to identify and treat the causes of corrosion, such as moisture from leaking roofs or gutters.

Placing incompatible metals together without providing an appropriate separation material. Such incompatibility can result in galvanic corrosion of the less noble metal (e.g., copper will corrode cast iron, steel, tin, and aluminum).

Cleaning metals when necessary to remove corrosion prior to repainting or applying appropriate protective coatings.

Leaving metals that must be protected from corrosion uncoated after cleaning.
[11] The stainless steel
doors at the entrance to
this Art Deco apartment
building are important
in defining its historic
character and should be
retained in place.

METALS 93 PAGE 82 of 320

REHABILITATION
METALS: WROUGHT AND CAST IRON, STEEL, PRESSED METAL, TERNEPLATE,

COPPER, ALUMINUM, AND ZINC

RECOMMENDED NOT RECOMMENDED
Identifying the particular type of metal prior to any cleaning procedure and then testing to ensure that the gentlest cleaning method possible is selected; or, alternatively, determining that cleaning is inappropriate for the particular metal.

Using cleaning methods which alter or damage the color, texture, or finish of the metal, or cleaning when it is inappropriate for the particular metal.

Removing the patina from historic metals. The patina may be a protective layer on some metals (such as bronze or copper) as well as a distinctive finish.

Using non-corrosive chemical methods to clean soft metals (such Cleaning soft metals (such as lead, tinplate, terneplate, copper, and as lead, tinplate, terneplate, copper, and zinc) whose finishes can zinc) with abrasive methods (including sandblasting, other abrasive be easily damaged by abrasive methods. media, or high-pressure water) which will damage the surface of the metal.

Using the least abrasive cleaning method for hard metals (such Using high-pressure abrasive techniques (including sandblasting, as cast iron, wrought iron, and steel) to remove paint buildup and other media blasting, or high-pressure water) without first trying corrosion. If hand scraping and wire brushing have proven inef­ gentler cleaning methods prior to cleaning cast iron, wrought iron, fective, low-pressure abrasive methods may be used as long as or steel. they do not abrade or damage the surface.

Applying appropriate paint or other coatings to historically-coated metals after cleaning to protect them from corrosion.

Applying paint or other coatings to metals (such as copper, bronze or stainless steel) if they were not coated historically, unless a coating is necessary for maintenance.

Repainting historically-painted metal features with colors that are appropriate to the building and district.

Using paint colors on historically-painted metal features that are not appropriate to the building or district.

Applying an appropriate protective coating (such as lacquer or wax) to a metal feature that was historically unpainted, such as a bronze door, which is subject to heavy use.
94 METALS
PAGE 83 of 320

REHABILITATION
METALS: WROUGHT AND CAST IRON, STEEL, PRESSED METAL, TERNEPLATE,

COPPER, ALUMINUM, AND ZINC

RECOMMENDED NOT RECOMMENDED
Protecting adjacent materials when cleaning or removing paint from metal features.

Failing to protect adjacent materials when working on metal features.

Evaluating the overall condition of metals to determine whether more than protection and maintenance, such as repairs to metal features, will be necessary.

Failing to undertake adequate measures to ensure the protection of metal features.
[12] This historic steel
window has been
cleaned, repaired, and
primed in preparation for
painting and reglazing.
[13] The gold-colored,
anodized aluminum geodesic
dome of the former Citizen’s
State Bank in Oklahoma
City, OK, built in 1958 and
designed by Robert Roloff,
makes this a distinctive mid20th century building.

METALS 95 PAGE 84 of 320

REHABILITATION
METALS: WROUGHT AND CAST IRON, STEEL, PRESSED METAL, TERNEPLATE,

COPPER, ALUMINUM, AND ZINC

RECOMMENDED NOT RECOMMENDED
Repairing metal by reinforcing the metal using recognized preservation methods. Repair may include the limited replacement in kind or with a compatible substitute material of those extensively deteriorated or missing components of features when there are surviving prototypes, such as column capitals or bases, storefronts, railings and steps, or window hoods.

Removing metals that could be stabilized, repaired, and conserved, or using improper repair techniques, or unskilled personnel, potentially causing further damage to historic materials.

Replacing in kind an entire metal feature that is too deteriorated to repair (if the overall form and detailing are still evident) using the physical evidence as a model to reproduce the feature or when the replacement can be based on historic documentation.

Examples of such a feature could include cast-iron porch steps or steel-sash windows. If using the same kind of material is not feasible, then a compatible substitute material may be considered.

Replacing an entire metal feature, such as a column or balustrade, when repair of the metal and limited replacement of deteriorated or missing components are feasible.

Removing a metal feature that is unrepairable and not replacing it, or replacing it with a new metal feature that does not match.

Using a substitute material for the replacement that does not convey the same appearance of the surviving components of the metal feature or that is physically or chemically incompatible.

The following work is highlighted to indicate that it is specific to Rehabilitation projects and should only be considered after the preservation concerns have been addressed.

Designing the Replacement for Missing Historic Features Designing and installing a replacement metal feature, such as a Creating an inaccurate appearance because the replacement for the metal cornice or cast-iron column, when the historic feature is missing metal feature is based upon insufficient physical or historic completely missing. It may be an accurate restoration based on documentation, is not a compatible design, or because the feature documentary and physical evidence, but only when the historic to be replaced did not coexist with the features currently on the feature to be replaced coexisted with the features currently on building. the building. Or, it may be a new design that is compatible with the size, scale, material, and color of the historic building. Introducing a new metal feature that is incompatible in size, scale, material, or color.

METALS 97 PAGE 85 of 320

REHABILITATION
ROOFS

RECOMMENDED NOT RECOMMENDED
Identifying, retaining, and preserving roofs and their functional and decorative features that are important in defining the overall historic character of the building. The form of the roof (gable, hipped, gambrel, flat, or mansard) is significant, as are its decorative and functional features (such as cupolas, cresting, parapets, monitors, chimneys, weather vanes, dormers, ridge tiles, and snow guards), roofing material (such as slate, wood, clay tile, metal, roll roofing, or asphalt shingles), and size, color, and patterning.

Removing or substantially changing roofs which are important in defining the overall historic character of the building so that, as a result, the character is diminished.

Removing a major portion of the historic roof or roofing material that is repairable, then rebuilding it with new material to achieve a more uniform or “improved” appearance.

Changing the configuration or shape of a roof by adding highly visible new features (such as dormer windows, vents, skylights, or a penthouse).

Stripping the roof of sound historic material, such as slate, clay tile, wood, or metal.

Protecting and maintaining a roof by cleaning gutters and Failing to clean and maintain gutters and downspouts properly so downspouts and replacing deteriorated flashing. Roof sheathing that water and debris collect and cause damage to roof features, should also be checked for indications of moisture due to leaks or sheathing, and the underlying roof structure. condensation.

Providing adequate anchorage for roofing material to guard against wind damage and moisture penetration.

Allowing flashing, caps, and exposed fasteners to corrode, which accelerates deterioration of the roof.

Protecting a leaking roof with a temporary waterproof membrane with a synthetic underlayment, roll roofing, plywood, or a tarpaulin until it can be repaired.

Leaving a leaking roof unprotected so that accelerated deterioration of historic building materials (such as masonry, wood, plaster, paint, and structural members) occurs.

Repainting a roofing material that requires a protective coating and was painted historically (such as a terneplate metal roof or gutters) as part of regularly-scheduled maintenance.

Failing to repaint a roofing material that requires a protective coating and was painted historically as part of regularly-scheduled maintenance.

Applying compatible paint coating systems to historically-painted roofing materials following proper surface preparation.

Applying paint or other coatings to roofing material if they were not coated historically.

Protecting a roof covering when working on other roof features. Failing to protect roof coverings when working on other roof features.

Evaluating the overall condition of the roof and roof features to determine whether more than protection and maintenance, such as repairs to roof features, will be necessary.

Failing to undertake adequate measures to ensure the protection of roof features.
98 ROOFS
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REHABILITATION
ROOFS

RECOMMENDED NOT RECOMMENDED
Repairing a roof by ensuring that the existing historic or compat- Replacing an entire roof feature when repair of the historic roofible non-historic roof covering is sound and waterproof. Repair ing materials and limited replacement of deteriorated or missing may include the limited replacement in kind or with a compatible components are feasible. substitute material of missing materials (such as wood shingles, slates, or tiles) on a main roof, as well as those extensively deteriorated or missing components of features when there are surviving prototypes, such as ridge tiles, dormer roofing, or roof monitors.

Using corrosion-resistant roof fasteners (e.g., nails and clips) to repair a roof to help extend its longevity.
[16] The deteriorated asphalt shingles
of this porch roof are being replaced in
kind with matching shingles.

ROOFS 99 PAGE 87 of 320

REHABILITATION
ROOFS

RECOMMENDED NOT RECOMMENDED
Replacing in kind an entire roof covering or feature that is too Removing a feature of the roof that is unrepairable and not replacdeteriorated to repair (if the overall form and detailing are still ing it, or replacing it with a new roof feature that does not match. evident) using the physical evidence as a model to reproduce the feature or when the replacement can be based on historic Using a substitute material for the replacement that does not documentation. Examples of such a feature could include a large convey the same appearance of the roof covering or the surviving section of roofing, a dormer, or a chimney. If using the same kind components of the roof feature or that is physically or chemically of material is not feasible, then a compatible substitute material incompatible. may be considered.

Replacing only missing or damaged roofing tiles or slates rather than replacing the entire roof covering.

Failing to reuse intact slate or tile in good condition when only the roofing substrate or fasteners need replacement.

Replacing an incompatible roof covering or any deteriorated nonhistoric roof covering with historically-accurate roofing material, if known, or another material that is compatible with the historic character of the building.

The following work is highlighted to indicate that it is specific to Rehabilitation projects and should only be considered after the preservation concerns have been addressed.

Designing the Replacement for Missing Historic Features Designing and installing a new roof covering for a missing roof or Creating an inaccurate appearance because the replacement for the a new feature, such as a dormer or a monitor, when the historic missing roof feature is based upon insufficient physical or historic feature is completely missing. It may be an accurate restoration documentation, is not a compatible design, or because the feature based on documentary and physical evidence, but only when to be replaced did not coexist with the features currently on the the historic feature to be replaced coexisted with the features building. currently on the building. Or, it may be a new design that is compatible with the size, scale, material, and color of the historic Introducing a new roof feature that is incompatible in size, scale, building. material, or color.
100 ROOFS
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REHABILITATION
ROOFS

RECOMMENDED NOT RECOMMENDED
Alterations and Additions for a New Use
Installing mechanical and service equipment on the roof (such as heating and air-conditioning units, elevator housing, or solar panels) when required for a new use so that they are inconspicuous on the site and from the public right-of-way and do not damage or obscure character-defining historic features.

Installing roof-top mechanical or service equipment so that it damages or obscures character-defining roof features or is conspicuous on the site or from the public right-of-way.

Designing rooftop additions, elevator or stair towers, decks or terraces, dormers, or skylights when required by a new or continuing use so that they are inconspicuous and minimally visible on the site and from the public right-of-way and do not damage or obscure character-defining historic features.

Changing a character-defining roof form, or damaging or destroying character-defining roofing material as a result of an incompatible rooftop addition or improperly-installed or highly-visible mechanical equipment.

Installing a green roof or other roof landscaping, railings, or furnishings that are not visible on the site or from the public right-of-way and do not damage the roof structure.

Installing a green roof or other roof landscaping, railings, or furnishings that are visible on the site and from the public right-of-way. [17] New wood
elements have been
used selectively to
replace rotted wood
on the underside of
the roof in this historic
warehouse.

ROOFS 101 PAGE 89 of 320

REHABILITATION

WINDOWS

RECOMMENDED NOT RECOMMENDED
Identifying, retaining, and preserving windows and their func- Removing or substantially changing windows or window features tional and decorative features that are important to the overall which are important in defining the overall historic character of the character of the building. The window material and how the building so that, as a result, the character is diminished. window operates (e.g., double hung, casement, awning, or hopper) are significant, as are its components (including sash, Changing the appearance of windows that contribute to the historic muntins, ogee lugs, glazing, pane configuration, sills, mullions, character of the building by replacing materials, finishes, or colors casings, or brick molds) and related features, such as shutters. which noticeably change the sash, depth of the reveal, and muntin configurations; the reflectivity and color of the glazing; or the appearance of the frame.

Obscuring historic wood window trim with metal or other material.

Replacing windows solely because of peeling paint, broken glass, stuck sash, or high air infiltration. These conditions, in themselves, do not indicate that windows are beyond repair.

Protecting and maintaining the wood or metal which comprises Failing to protect and maintain window materials on a cyclical basis the window jamb, sash, and trim through appropriate treatments, so that deterioration of the window results. such as cleaning, paint removal, and reapplication of protective coating systems.

Protecting windows against vandalism before work begins by covering them and by installing alarm systems that are keyed into local protection agencies.

Leaving windows unprotected and subject to vandalism before work begins, thereby also allowing the interior to be damaged if it can be accessed through unprotected windows.

Making windows weathertight by recaulking gaps in fixed joints and replacing or installing weatherstripping.

Protecting windows from chemical cleaners, paint, or abrasion during work on the exterior of the building.

Failing to protect historic windows from chemical cleaners, paint, or abrasion when work is being done on the exterior of the building.

Protecting and retaining historic glass when replacing putty or repairing other components of the window.

Failing to protect the historic glass when making window repairs. 102 WINDOWS
PAGE 90 of 320

REHABILITATION

WINDOWS

RECOMMENDED NOT RECOMMENDED
Sustaining the historic operability of windows by lubricating friction points and replacing broken components of the operating system (such as hinges, latches, sash chains or cords) and replacing deteriorated gaskets or insulating units.

Failing to maintain windows and window components so that windows are inoperable, or sealing operable sash permanently.

Failing to repair and reuse window hardware such as sash lifts, latches, and locks.

Adding storm windows with a matching or a one-over-one pane configuration that will not obscure the characteristics of the historic windows. Storm windows improve energy efficiency and are especially beneficial when installed over wood windows because they also protect them from accelerated deterioration.

Adding interior storm windows as an alternative to exterior storm windows when appropriate.
[18] The historic metal
storm windows in this
1920s office building
were retained and
repaired during the
rehabilitation project.
[19] Installing a
mockup of a proposed
replacement window
can be helpful to
evaluate how well the
new windows will match
the historic windows
that are missing or too
deteriorated to repair.

WINDOWS 103 PAGE 91 of 320

REHABILITATION

WINDOWS

RECOMMENDED NOT RECOMMENDED
Installing sash locks, window guards, removable storm windows, and other reversible treatments to meet safety, security, or energy conservation requirements.

Evaluating the overall condition of the windows to determine whether more than protection and maintenance, such as repairs to windows and window features, will be necessary.

Failing to undertake adequate measures to ensure the protection of window features.

Repairing window frames and sash by patching, splicing, consoli- Removing window features that could be stabilized, repaired, or dating, or otherwise reinforcing them using recognized preserva­ conserved using untested consolidants, improper repair techniques, tion methods. Repair may include the limited replacement in or unskilled personnel, potentially causing further damage to the kind or with a compatible substitute material of those extensively historic materials. deteriorated, broken, or missing components of features when there are surviving prototypes, such as sash, sills, hardware, or Replacing an entire window when repair of the window and limited shutters. replacement of deteriorated or missing components are feasible.

Removing glazing putty that has failed and applying new putty; or, if glass is broken, carefully removing all putty, replacing the glass, and reputtying.

Installing new glass to replace broken glass which has the same visual characteristics as the historic glass.

Replacing in kind an entire window that is too deteriorated to Removing a character-defining window that is unrepairable or is not repair (if the overall form and detailing are still evident) using needed for the new use and blocking up the opening, or replacing it the physical evidence as a model to reproduce the feature or with a new window that does not match. when the replacement can be based on historic documentation.

If using the same kind of material is not feasible, then a compat- Using substitute material for the replacement that does not convey ible substitute material may be considered. the same appearance of the surviving components of the window or that is physically incompatible.

WINDOWS 105 PAGE 92 of 320

REHABILITATION

WINDOWS

RECOMMENDED NOT RECOMMENDED
[21] The windows on the
lower floor, which were
too deteriorated to repair,
were replaced with new
steel windows matching
the upper-floor historic
windows that were
retained.

Modifying a historic single-glazed sash to accommodate insulated glass when it will not jeopardize the soundness of the sash or significantly alter its appearance.

Modifying a historic single-glazed sash to accommodate insulated glass when it will jeopardize the soundness of the sash or significantly alter its appearance.

Using low-e glass with the least visible tint in new or replacement windows.

Using low-e glass with a dark tint in new or replacement windows, thereby negatively impacting the historic character of the building.

Using window grids rather than true divided lights on windows on Using window grids rather than true divided lights on windows in the upper floors of high-rise buildings if they will not be notice­ low-rise buildings or on lower floors of high-rise buildings where able. they will be noticeable, resulting in a change to the historic character of the building.

Ensuring that spacer bars in between double panes of glass are the same color as the window sash.

Using spacer bars in between double panes of glass that are not the same color as the window sash.

Replacing all of the components in a glazing system if they have failed because of faulty design or materials that have deteriorated with new material that will improve the window performance without noticeably changing the historic appearance.

Replacing all of the components in a glazing system with new material that will noticeably change the historic appearance.

Replacing incompatible, non-historic windows with new windows that are compatible with the historic character of the building; or reinstating windows in openings that have been filled in.

The following work is highlighted to indicate that it is specific to Rehabilitation projects and should only be considered after the preservation concerns have been addressed.

Designing the Replacement for Missing Historic Features Designing and installing a new window or its components, such Creating an inaccurate appearance because the replacement for the as frames, sash, and glazing, when the historic feature is com- missing window is based upon insufficient physical or historic docupletely missing. It may be an accurate restoration based on mentation, is not a compatible design, or because the feature to be documentary and physical evidence, but only when the historic replaced did not coexist with the features currently on the building. feature to be replaced coexisted with the features currently on the building. Or, it may be a new design that is compatible with Installing replacement windows made from other materials that are the size, scale, material, and color of the historic building. not the same as the material of the original windows if they would have a noticeably different appearance from the remaining historic windows.
106 WINDOWS
PAGE 93 of 320

REHABILITATION

WINDOWS

RECOMMENDED NOT RECOMMENDED
Alterations and Additions for a New Use
Adding new window openings on rear or other secondary, lessvisible elevations, if required by a new use. The new openings and the windows in them should be compatible with the overall design of the building but, in most cases, not duplicate the historic fenestration.

Changing the number, location, size, or glazing pattern of windows on primary or highly-visible elevations which will alter the historic character of the building.

Cutting new openings on character-defining elevations or cutting new openings that damage or destroy significant features.

Adding balconies at existing window openings or new window openings on primary or other highly-visible elevations where balconies never existed and, therefore, would be incompatible with the historic character of the building.

Replacing windows that are too deteriorated to repair using the Replacing a window that contributes to the historic character of same sash and pane configuration, but with new windows that the building with a new window that is different in design (such as operate differently, if necessary, to accommodate a new use. glass divisions or muntin profiles), dimensions, materials (wood, Any change must have minimal visual impact. Examples could metal, or glass), finish or color, or location that will have a noticeinclude replacing hopper or awning windows with casement ably different appearance from the historic windows, which may windows, or adding a realigned and enlarged operable portion of negatively impact the character of the building. industrial steel windows to meet life-safety codes.

Installing impact-resistant glazing, when necessary for security, so that it is compatible with the historic windows and does not damage them or negatively impact their character.

Installing impact-resistant glazing, when necessary for security, that is incompatible with the historic windows and that damages them or negatively impacts their character.

Using compatible window treatments (such as frosted glass, Removing a character-defining window to conceal mechanical appropriate shades or blinds, or shutters) to retain the historic equipment or to provide privacy for a new use of the building by character of the building when it is necessary to conceal mechan­ blocking up the opening. ical equipment, for example, that the new use requires be placed in a location behind a window or windows on a primary or highlyvisible elevation.

WINDOWS 109 PAGE 94 of 320

REHABILITATION

BUILDING SITE

RECOMMENDED NOT RECOMMENDED
Retaining the historic relationship between buildings and the landscape.

Removing or relocating buildings or landscape features, thereby destroying the historic relationship between buildings and the landscape.

Removing or relocating buildings on a site or in a complex of related historic structures (such as a mill complex or farm), thereby diminishing the historic character of the site or complex.

Moving buildings onto the site, thereby creating an inaccurate historic appearance.

Changing the grade level of the site if it diminishes its historic character. For example, lowering the grade adjacent to a building to maximize use of a basement, which would change the historic appearance of the building and its relation to the site.

Protecting and maintaining buildings and site features by providing proper drainage to ensure that water does not erode foundation walls, drain toward the building, or damage or erode the landscape.

Failing to ensure that site drainage is adequate so that buildings and site features are damaged or destroyed; or, alternatively, changing the site grading so that water does not drain properly.

Correcting any existing irrigation that may be wetting the building excessively. Neglecting to correct any existing irrigation that may be wetting the building excessively.

Minimizing disturbance of the terrain around buildings or else- Using heavy machinery or equipment in areas where it may disturb where on the site, thereby reducing the possibility of destroy- or damage important landscape features, archeological resources, ing or damaging important landscape features, archeological other cultural or religious features, or burial grounds. resources, other cultural or religious features, or burial grounds.

Surveying and documenting areas where the terrain will be Failing to survey the building site prior to beginning work, which altered to determine the potential impact to important landscape may result in damage or loss of important landscape features, features, archeological resources, other cultural or religious fea­ archeological resources, other cultural or religious features, or burial tures, or burial grounds. grounds.
138 BUILDING SITE
PAGE 95 of 320

REHABILITATION

BUILDING SITE

RECOMMENDED NOT RECOMMENDED
Protecting (e.g., preserving in place) important site features, archeological resources, other cultural or religious features, or burial grounds.

Leaving known site features or archeological material unprotected so that it is damaged during rehabilitation work.

Planning and carrying out any necessary investigation before rehabilitation begins, using professional archeologists and methods, when preservation in place is not feasible.

Allowing unqualified personnel to perform data recovery on archeological resources, which can result in damage or loss of important archeological material
Preserving important landscape features through regularly-scheduled maintenance of historic plant material. Allowing important landscape features or archeological resources to be lost, damaged, or to deteriorate due to inadequate protection or lack of maintenance
Protecting the building site and landscape features against arson Leaving the property unprotected and subject to vandalism before and vandalism before rehabilitation work begins by erecting tem­ work begins so that the building site and landscape features, porary fencing and by installing alarm systems keyed into local archeological resources, other cultural or religious features, or burial protection agencies. grounds can be damaged or destroyed.

Removing or destroying features from the site, such as fencing, paths or walkways, masonry balustrades, or plant material.

Installing protective fencing, bollards, and stanchions on a build- Installing protective fencing, bollards, and stanchions on a building ing site, when necessary for security, that are as unobtrusive as site, when necessary for security, without taking into consideration possible. their location and visibility so that they negatively impact the historic character of the site.

Providing continued protection and maintenance of buildings and landscape features on the site through appropriate grounds and landscape management.

Failing to protect and maintain materials and features from the restoration period on a cyclical basis so that deterioration of the site results.

Protecting buildings and landscape features when working on the site.

Failing to protect building and landscape features during work on the site or failing to repair damaged or deteriorated site features.

BUILDING SITE 139 PAGE 96 of 320

REHABILITATION

BUILDING SITE

RECOMMENDED NOT RECOMMENDED
Evaluating the overall condition of materials and features to determine whether more than protection and maintenance, such as repairs to site features, will be necessary.

Failing to undertake adequate measures to ensure the protection of the site.

Repairing historic site features which have been damaged, are deteriorated, or have missing components order reestablish the whole feature and to ensure retention of the integrity of the historic materials. Repairs may include limited replacement in kind or with a compatible substitute material of those extensively deteriorated or missing parts of site features when there are surviving prototypes, such as paving, railings, or individual plants within a group (e.g., a hedge). Repairs should be physically and visually compatible.

Removing materials and features that could be repaired or using improper repair techniques.

Replacing an entire feature of the site (such as a fence, walkway, or drive) when repair of materials and limited replacement of deteriorated or missing components are feasible. [43] The industrial
character of the site
was retained when
this brewery complex
was rehabilitated for
residential use.
[44] Not Recommended: (a-b) The historic character of this plantation house (marked in blue on plan on opposite page) and its site was diminished and adversely impacted when multiple new buildings like this (#3 on plan) were constructed on the property (c).
140 BUILDING SITE
PAGE 97 of 320

REHABILITATION

BUILDING SITE

RECOMMENDED NOT RECOMMENDED
Replacing in kind an entire feature of the site that is too deterio- Removing a character-defining feature of the site that is unrepairrated to repair (if the overall form and detailing are still evident) able and not replacing it, or replacing it with a new feature that does using the physical evidence as a model to reproduce the feature. not match.

Examples could include a walkway or a fountain, a land form, or plant material. If using the same kind of material is not feasible, Using a substitute material for the replacement that does not convey then a compatible substitute material may be considered. the same appearance of the surviving site feature or that is physically or ecologically incompatible.

Adding conjectural landscape features to the site (such as period reproduction light fixtures, fences, fountains, or vegetation) that are historically inappropriate, thereby creating an inaccurate appearance of the site.

BUILDING SITE 141 PAGE 98 of 320

REHABILITATION

BUILDING SITE

RECOMMENDED NOT RECOMMENDED
[45] Undertaking a
survey to document
archeological resources
may be considered in
some rehabilitation
projects when a new
exterior addition is
planned.

The following work is highlighted to indicate that it is specific to Rehabilitation projects and should only be considered after the preservation concerns have been addressed.

Designing the Replacement for Missing Historic Features Designing and installing a new feature on a site when the his- Creating an inaccurate appearance because the replacement for toric feature is completely missing. This could include missing the missing feature is based upon insufficient physical or historic outbuildings, terraces, drives, foundation plantings, specimen documentation, is not a compatible design, or because the feature trees, and gardens. The design may be an accurate restoration did not coexist with the features currently on the site. based on documentary and physical evidence, but only when the feature to be replaced coexisted with the features currently on Introducing a new feature, including plant material, that is visually the site. Or, it may be a new design that is compatible with the incompatible with the site or that alters or destroys the historic site historic character of the building and site. patterns or use.

Alterations and Additions for a New Use
Designing new onsite features (such as parking areas, access Locating parking areas directly adjacent to historic buildings where ramps, or lighting), when required by a new use, so that they vehicles may cause damage to buildings or landscape features or are as unobtrusive as possible, retain the historic relationship when they negatively impact the historic character of the building between the building or buildings and the landscape, and are site if landscape features and plant materials are removed. compatible with the historic character of the property.

Designing new exterior additions to historic buildings or adjacent Introducing new construction on the building site which is visunew construction that are compatible with the historic character ally incompatible in terms of size, scale, design, material, or color, of the site and preserves the historic relationship between the which destroys historic relationships on the site, or which dambuilding or buildings and the landscape. ages or destroys important landscape features, such as replacing a lawn with paved parking areas or removing mature trees to widen a driveway.

Removing non-significant buildings, additions, or site features which detract from the historic character of the site.

Removing a historic building in a complex of buildings or removing a building feature or a landscape feature which is important in defining the historic character of the site.

Locating an irrigation system needed for a new or continuing use of the site where it will not cause damage to historic buildings.

Locating an irrigation system needed for a new or continuing use of the site where it will damage historic buildings.
142 BUILDING SITE
PAGE 99 of 320
Appendix C
Resolution No. R-17-26 (A Resolution of San Marino
City Council Designating 708 Winston Avenue as a
Local Historical Landmark)
PAGE 100 of 320

TO: MAYOR AND CITY COUNCIL
FROM: MARCELLA MARLOWE, CITY MANAGER
BY: ALDO CERVANTES,

PLANNING AND BUILDING DIRECTOR

EVA CHOI, ASSOCIATE PLANNER
DATE: NOVEMBER 8, 2017
SUBJECT: DESIGNATION OF LOCAL HISTORICAL LANDMARK
708 WINSTON AVENUE, (JONES)

BACKGROUND:

The property owners, Miriam and Nelson Jones, submitted a request to designate their property at 708 Winston Avenue as a local historical landmark pursuant to City Code Sections 2.12.01 and 2.12.02. The property is developed with a single-story Monterey Colonial Revival structure designed by master architect, Roland E. Coate, in 1929.

On April 12, 2017, the City Council considered the local historical landmark designation request and asked the property owners to submit a historic assessment report to evaluate the property’s historic significance at the local level.

The property owners commissioned Ms. Juliet M. Arroyo of Arroyo Resources to prepare a Historic Resources Nomination Report (“nomination report”) for the property. Ms. Arroyo is a state certified professional who meets the Secretary of the Interior’s Professional Qualifications Standards in the area of Architectural History.

ANALYSIS:

City Code Section 2.12.01 authorizes the City Council to “designate a building, landmark or other property within the City as a local historical landmark in special recognition of the property's role during the formation and existence of the City.” Further, City Code Section 2.12.02 outlines the designation process; however, specific eligibility guidelines and standards are not established. Consequently, the Council requested a report from a subject matter state certified professional.

The nomination report provides support for local historical landmark designation based on the following:

City of San Marino

AGENDA REPORT
Richard Sun, DDS, Mayor
Richard Ward, Vice Mayor
Steven W. Huang, DDS, Council Member
Steve Talt, Council Member
Allan Yung, MD, Council Member
AGENDA ITEM NO. 18
PAGE 101 of 320
 The style of the structure, along with the landscaped grounds, exemplifies the founding principles of community building with garden estates that contributed to the formation of the City.
 The single-story Monterey Colonial Revival home is a rare example of the style; the structure retains the integrity from its period of significance including its historic characters and the majority of the building’s original materials.

The nomination report provides evidence that the property merits special recognition. The structure was designed by architect, Mr. Roland E. Coate, who also designed a number of estate homes in the City between the mid-1920’s to late 1950’s. Mr. Coate was known for his unique ability to seamlessly blend Colonial with Spanish architectural elements. The subject property is one notable example of several Colonial Revival estate homes that Mr. Coate designed throughout the City.

Ms. Arroyo’s nomination report provides a comprehensive analysis of the property, the structure, the architect, Mr. Coate, and the historic significance of each in the formation and existence of the City.

Based on the assessment presented in the nomination report and included as part of the record, staff concludes that the property located at 708 Winston Avenue is an excellent example of the garden estate home that exemplifies the vision of the City’s founders.

FISCAL IMPACT:

There is no fiscal impact to the City.

RECOMMENDATIONS:

Staff recommends the Council adopt a resolution recommending the designation of the 708 Winston Avenue property as a Local Historical Landmark and to direct the City Clerk’s office to submit a certified copy of the resolution to the State Historical Society, the City Historical Society, and the property owners.

If Council concurs, an appropriate motion would be:
“A motion to approve the proposed Resolution designating 708 Winston Avenue property as a local historical landmark.

Attachments: Resolution No. R-17-26
Request by property owners, Miriam and Nelson Jones
Historic Resource Nomination Report by Arroyo Resources, dated August 2017 AGENDA ITEM NO. 18
PAGE 102 of 320
RESOLUTION NO. R-17-26
A RESOLUTION OF SAN MARINO CITY COUNCIL DESIGNATING 708 WINSTON AVENUE AS A LOCAL HISTORICAL LANDMARK.

THE CITY COUNCIL OF SAN MARINO DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS:

SECTION 1. On December 27, 2016, Nelson D. and Miriam G. Jones (the “Petitioners”) submitted a petition (the “petition”) to designate 708 Winston Avenue (the “subject property”) as a local historical landmark pursuant to Section 2.12.02 of the San Marino City Code (the “Code”).

SECTION 2. Section 2.12.02.B of the San Marino City Code provides that the City Council may approve or deny a petition to designate a building, landmark or other property as a local historical landmark based on findings of the property’s role during the formation and existence of the City.

SECTION 3. Objective L.24 of the Land Use Element of the San Marino General Plan provides that “any designation of a property within the City as a local historical landmark should be subject to the property owner’s approval.”
SECTION 4. On April 12, 2017, the City Council considered the Petition at a duly noticed public meeting and after considering all evidence presented, continued its deliberations and requested that the Petitioners submit a historic resource assessment report for the subject property prepared by a qualified consultant.

SECTION 5. On October 3, 2017, the Petitioners submitted to the City a historic resources nomination report for the subject property (the “nomination report”) prepare by Juliet M. Arroyo of Arroyo Resources, who is a state certified professional who meets the Secretary of the Interior’s Professional Qualifications Standards in the area of Architectural History. A copy of the nomination report is on file with the City Clerk.

SECTION 6. On November 8, 2017, the City Council again considered the Petition at a duly noticed public meeting, and after considering all evidence presented, found the following facts to be true:

A. The facts set forth in the preceding Sections of this Resolution are true and correct.

B. Petitioners are the owners of the subject property and have consented to its designation as a local historical landmark.

C. The subject property contains a one-story Monterey Colonial Revival Style home built in 1930 by the original owners, Cyril and Ruth Fitzgerald. The home was designed by Roland E. Coate Sr., who was a long time City resident and prolific and award-winning architect who designed nearly one hundred buildings and residences, of which almost half were PAGE 103 of 320
constructed in San Marino. He is best remembered as a proponent of Colonial Revival styles in residential architecture.

D. The subject property is one of the best examples of the early revival estate homes that were central to the vision of the City’s founders. The home has been recognized as a rare example of a single-story Monterey Colonial Revival home. Its design was influenced by architectural design prevalent during the Rancho Period and evokes the feeling of California’s early history. It exhibits high quality workmanship and remains in its original location with its original design largely intact with very few alterations.

SECTION 7. Based upon substantial evidence in the record, including but not limited to all evidence and testimony presented to the Council and the facts found to be true and correct in the preceding Section of this Resolution, the City Council hereby designates the subject property a local historical landmark in special recognition of its role during the formation and existence of the City.

SECTION 8. The time within which judicial review, if available, of this decision must be sought is governed by California Code of Civil Procedure Section 1094.6, unless a shorter time is provided by other applicable law. The City Clerk shall certify to the adoption of this Resolution and shall mail by first class mail, postage prepaid, a certified copy of this Resolution and a copy of the affidavit or certificate of mailing to the Petitioners, the State Historical Society, the City Historical Society, and any other persons or entities requesting notice of the decision.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marino this 8th day of November, 2017.
_______________________________________
DR. RICHARD SUN
MAYOR
ATTEST:
_______________________________________

CAROL COWLEY, CMC
ACTING CITY CLERK0
2 PAGE 104 of 320
October 3, 2017
Mr. Eva Choi, Associate Planner
Planning and Building Department
2200 Huntington Drive
San Marino, CA 91108
Subject: Request to the City Council to formally list the home at 708 Winston Avenue, San Marino as a “Local Historical Landmark” (Petition for Designation)
Dear Ms. Choi:

On behalf of our client, Mr. and Mrs. Jones, the owners of the home at 708 Winston Avenue in the City of San Marino, we would like to have the San Marino City Council consider the historic listing of the subject home as a “Local Historical Landmark” under Section 02.12.02 of the City’s Municipal Code. The owners wish to help preserve the home and possibly apply for the Mills Act incentive, if such a program becomes available in the future. The attached nomination report finds that the home not only qualifies as a local historic resource, but is also a special and unique home in the community.

Please forward this request to the City Clerk for Council calendar scheduling. We will be available to provide a brief presentation on this nomination and to explain why it qualifies. Feel free to call us or the owners if you need any additional information and let us know when this request is scheduled for the City Council action.

Sincerely,

Juliet M Arroyo
Ms. Juliet M. Arroyo
Principal and Architectural Historian

453 S. Spring Street, No. 801
Los Angeles, California 90013
323.819.0044 CELL
213-265-7123 OFFICE
[email protected]
www.historicplanning.com
cc: Nelson and Mimi Jones (owners)
708 Winston Ave, San Marino Ca
626-862-1916
attachment: Historic Resource Nomination Report, 708 Winston Avenue, San Marino, Ca PAGE 105 of 320
Historic Resource Nomination
708 Winston Avenue, San Marino, California
Prepared in Compliance with the City of San Marino’s
Requirements for Local Historical Landmark Designation.

PREPARED BY:

August 2017
PAGE 106 of 320
Historic Resource Nomination
708 Winston Avenue, San Marino, California
Prepared for:

Mr. & Mrs. Nelson Jones
Owners of 708 Winston Avenue, San Marino, California
Prepared by:

ARROYO RESOURCES
Preservation Planning and Historic Resource Consulting
453 S. Spring Street, Suite No. 801
Los Angeles, California 900014
213.265.7123 office
email: [email protected]
August 2017
PAGE 107 of 320
708 Winston Avenue, San Marino
i

TABLE OF CONTENTS

1.0 INTRODUCTION……………………………………………………………………………………………............01

2.0 PROPERTY DESCRIPTION …………………………………………………………………………….............02

3.0 REGULATORY FRAMEWORK FOR EVALUATION ……………………………………….……..........05

3.1 City of San Marino

3.2 Evaluation, Eligibility, Survey and Methodology

4.0 RECORDS AND ARCHIVAL RESEARCH ..………………………………………………………..............09

4.1 Prior Historic Resource Surveys and Inventories

4.2 City Directory Listings

4.3 City Building Permits

4.4 Subdivision History

4.5 Sanborn Fire Insurance Maps

4.6 Los Angeles County Assessor Historic Tax Roll

4.7 Library Research

4.8 C.G. Fitzgerald

4.9 Roland E. Coate

5.0 HISTORIC CONTEXT STATEMENT…………………………………………………………………………….…20

5.1 Neighborhood

5.2 San Marino Architects, Builders, and Craftsmen

5.3 Monterey Colonial Revival

6.0 ARCHITECTURAL EVALUATION…………………………..…………………………………………………….29

6.1 Style, Plan, Setting, and Massing

6.2 Architectural Features

6.3 Alterations

7.0 SIGNIFICANCE AND ELIGIBILITY…………………………………………………………………………………35

7.1 Significance Statement

7.2 Integrity Analysis

7.3 San Marino Local Historical Landmark Designation
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708 Winston Avenue, San Marino
ii

8.0 CONCLUSION…………………………………………………………………………………………………………….41 FIGURES (within report)
Figure 1. Subject Property Location Map
Figure 2. Photo of Front Porch
Figure 3. Surrounding Neighborhood Setting
Figure 4. Aerial View of Property Plan and Roof Lines
Figure 5. Roland E. Coate’s Blueprint Image for the Property Figure 6. Photo of Cyril Grattan Fitzgerald (1890-1953) Figure 7. Roland Eli Coate, Cornell University, 1914
Figure 8. Home of David O. Selznick in Beverly Hills designed by Roland E. Coate, built in 1933 Figure 9. Looking north along Santa Anita Avenue in San Marino, no date Figure 10. San Marino home of Edward H Heath
Figure 11. The Larkin House, Monterey CA, circa 1900
Figure 12. Monterey Colonial Revival Home Designed by Roland Coate Figure 13. The Francis Baer Residence Designed by Roland Coate Figure 14. Street Views of home
Figure 15. Front Facade View along Winston Avenue

TABLES (within report)
Table 1. Subject Property, Directory Searches
Table 2. City Building Permits for 708 Winston Avenue
Table 3. Tract Chronology
Table 4. Property Ownership History: 708 Winston Avenue Table 5. San Marino Residences Designed by Roland Coate Sr.

EXHIBITS (end of report)
Exhibit 1. Accessor Parcel Map
Exhibit 2. City Building Permits
Exhibit 3. Tract Map
Exhibit 4. Cyril Grattan Fitzgerald Obituary, Los Angeles Times Exhibit 5. San Marino Citywide Historic Context Statement Exhibit 6. Photos of Property
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708 Winston Avenue, San Marino

1.0 INTRODUCTION
The property owners at 708 Winston Avenue have asked Arroyo Resources to prepare a Historic Resource Nomination Report (“report”) on the subject property (“property”) to submit to the City of San Marino (“City”). The report is intended to accompany the application for consideration and designation as a Local Historical Landmark in the City of San Marino. This report constitutes the complete Historic Resource Nomination Report. This report has been prepared by Arroyo Resources, an independent historic resource consulting firm located in Los Angeles, California. Research, analysis, field inspections, and findings were made by Juliet M. Arroyo, Rebecca Ramirez, and Jaqueline Padilla-Perez of Arroyo Resources. Juliet M.

Arroyo and Jacqueline Padilla-Perez meet the Secretary of the Interior’s Professional Qualifications in the area of Architectural History.

This Historic Resource Nomination is intended to determine if the property qualifies as a local historic resource under the criteria of the City of San Marino for individual properties. This report has been prepared under State and Federal methodologies and guidelines for determining historic significance. The report follows common professional practices for identifying historic resources and determining integrity.

This report may also be used to support an application for the City’s “Mills Act” program. Figure 1 below shows the location of the property within the City.

Figure 1. Subject Property Location within the City of San Marino source: Google Maps
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708 Winston Avenue, San Marino

2.0 PROPERTY DESCRIPTION
The property contains a one-story Monterey Colonial Revival Style home built in 1930 (see Figure 2). The home sits back on a corner site which also contains a detached garage along Lombardy Road. The home was built by the original owners, Mr. Cyril and Mrs. Ruth Fitzgerald who in 1929 commissioned local architect Roland E. Coate Senior to design the home. Roland E. Coate was a prolific architect in Los Angeles during the early part of the twentieth century.

Figure 2. Photo of Front Porch
source: Arroyo Resources
The home sits secluded, a low-rise, horizontally expansive, building hidden by dense vegetation including ivy ground covering and mature magnolia trees. The parcel is a rectangular-shaped lot, 29,620 square feet in size, with a primary frontage on Winston Avenue and a secondary frontage along Lombardy Road. The property is approximately one-mile northeast of City Hall, and is near the north and eastern section of the City. The home sits between East California Boulevard to the north and Huntington Drive to the south.

Sierra Madre Boulevard is to the west of the subject property and San Gabriel Boulevard is to the east.

The neighborhood contains many single-family residences on individual lots. Figure 3 below shows the subject property within its surrounding neighborhood.

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708 Winston Avenue, San Marino

Figure 3. Surrounding Neighborhood Setting
Source: Google Maps
The corner lot has a tapered shape and a gentle slope towards the street level. The residence is positioned closest to the west boundary of the lot and is listed as being 5,143 square feet in size. The home is u-sped with a Winston Avenue facing front elevation and two side wings. Figure 4 below is an aerial image showing the roof line of the home. In this image the multiple hipped roof form as well as the u-shape plan of the home are both visible. The u-shape plan creates an outdoor courtyard and the interior of the footprint wraps around the courtyard creating an intimate interface between the interiors and the exterior.

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708 Winston Avenue, San Marino

Figure 4. Aerial View of Property Plan and Roof Lines
source: Los Angeles County Assessor
The home is part of assessor parcel number 5331-008-020 (see Exhibit 1). The parcel is 29,620 square feet in size and contains a large area that fronts Winston Avenue constituting the frontage yard. Information about the parcel from the Los Angeles County Assessor website shows just one residential building of 5,143 square feet (with five bedrooms and five bathrooms) built in 1930, with an effective year built of 1930. Any differences between the “year built” and “effective year built” often indicates alterations made over time. In this case, having the same year indicates that there were no extensive alterations to the home.

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708 Winston Avenue, San Marino

3.0 REGULATORY FRAMEWORK FOR EVALUATION
The subject property is being evaluated to determine historic significance and eligibility in accordance with local definitions for landmark designation. The property was not evaluated against the criteria of the National Register of Historic Places, or other national programs; however, guidelines for evaluating properties against the National Register are being employed because no such guidelines are available for evaluating properties for local designation in San Marino.

3.1 City of San Marino
The subject property is being evaluated to determine historic significance and eligibility in accordance with the City of San Marino Municipal Code and general guidance from the City’s General Plan.

SAN MARINO MUNICIPAL CODE
The City of San Marino under Code Section 2.12 provides for the designation of a “Local Historical Landmark” the definition of which is “… a property that has played a role in the formation and existence of the City.” This definition is being used to evaluate the significance of the subject property. The “role and formation of the City” is translated as a property that is important within the context of the City’s development history. As a part of this assessment, a context statement has been developed to justify that the property holds historic significance against its applicable historic context. Historic criteria typically examine associations with important events, associations with persons of significance, architectural quality and design, and/or archeology, and are being used as a general guide to determine eligibility. The following is the applicable San Marino Code section for evaluating the property.

02.12.01: PURPOSE:

The City Council may designate a building, landmark or other property within the City as a local historical landmark in special recognition of the property's role during the formation and existence of the City. (Ord. 951, 3-8-89)

02.12.02: METHOD OF DESIGNATION:

Local historical landmark may be designated as follows:

A. Petition: An individual or organization may petition the Council stating the name and location of the building, landmark or other property proposed for designation as a local historical landmark and the basis for such designation.

B. Council Review: Upon review of the facts presented, the Council may approve or deny the designation of the proposed building, landmark or other property as a "Local Historical Landmark”. Approval of such designation shall be by resolution of the Council based on findings of the property's role during the formation and existence of the City.

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708 Winston Avenue, San Marino

C. Certification: When a building, landmark or other property is designated as a "Local Historical Landmark", the City Clerk shall submit a certified copy of the resolution indicating such designation to the State Historical Society, the City Historical Society and the individual or organization originally submitting the petition for designation. (Ord. 951, 3-8-89) This code section was adopted by ordinance in 1989. The ordinance did not establish working criteria, a method for evaluation, or describe the effects of designation. Owner consent is not required for designation but a process is outlined which includes consideration by the City Council as listed above.

SAN MARINO GENERAL PLAN
The San Marino General Plan was adopted in 2003. The Land Use Chapter of the General Plan includes three sections, 1) Land Use Designations, 2) Economic Development, and 3) Preservation. The Land Use Designation section includes a listing of the City’s cultural treasures including the El Molino Viejo and the Huntington Library and Botanical Gardens. The Preservation section of the General Plan provides policies and objectives to recognize historic resources in the City. Preservation of significant historic structures is desirable to ensure the City’s unique sense of place, and to protect the historical and culturally significant resources that contribute to community identity and a sense of history. General Plan objectives center around the identification of significant architectural, cultural, and historic resources.

Implementation of a historic preservation program in the City under the General Plan could include ordinance development, protection measures for designated properties, adoption of State Historic Building Code, and incentives.

SAN MARINO DESIGNATED HISTORIC PROPERTIES
Currently the City has the following properties designated as historic properties at the local, State, or National level.
*El Molino Viejo, California Landmark No. 302, placed in 1939. *Governor Stoneman Adobe, California Landmark No. 669
*Edwin Hubble House, placed on the National Register of Historic Places *Michael White Adobe, placed on the National Register of Historic Places *Emery Estate, placed on the National Register of Historic Places *Thurnher House, designated a San Marino Local Historical Landmark by the City Council in 2002 The former estate of Henry E. Huntington, today the Huntington Library and Botanical Gardens, is not included on any local, State, or National register but is a commonly known historic property of significance.

Other properties not designated, but known to have historic importance include San Marino City Hall (1920) and Lacy Park (1925).

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708 Winston Avenue, San Marino

The City currently does not have a historic resource survey program to systematically survey and identify potentially significant historic resources for portions of the City or Citywide, but the City is currently developing an ordinance to protect cultural resources.

3.2 Evaluation, Eligibility, Survey, and Methodology
The property was not fully evaluated in this report for eligibility for the National Register of Historic Places, the California Register of Historical Resources, or other National or State program; and was not evaluated as a “historical resource” under the definitions of the California Environmental Quality Act. However, guidelines for evaluating properties against the National Register and the eligibility criteria are being employed. Additionally, the methodology for surveying and identifying historic properties under the California Office of Historic Preservation are being employed. The following is a summary of the framework for determining if the subject property has historic significance and would qualify as a “Local Historical Landmark” in accordance with San Marino City Code.

EVALUATION AND SURVEY WORK
To be listed on the National Register of Historic Places (or other register program), a property must not only be shown to be significant under the National Register (or other register program criteria), but it also must have integrity. Integrity is the ability of a property to convey its significance. Based on professional practice, an integrity determination is also needed for local level designations. The evaluation of integrity must be grounded in an understanding of a property's physical features and how they relate to its significance. Historic properties either retain integrity (this is, convey their significance) or they do not.

Within the concept of integrity, the National Register criteria recognize seven aspects or qualities that, in various combinations, define integrity and include: Location; Design; Setting; Materials; Workmanship; Feeling; and Association.

To determine the significance and eligibility of the subject property against established criteria at the National, State and local level, this report uses National Register Bulletin No. 15 (How to Apply the National Register Criteria for Evaluation) which provides guidance on how to evaluate the significance of historic properties, specifically how to evaluate significance against historic context and how to evaluate the integrity of the property. Although National Register Bulleting No. 15 is focused on evaluating properties for the National Register, the document states its applicability for the State and local level. No such document or guidelines for evaluating properties at the State and local levels exist; therefore, National Register Bulletin No. 15 is being employed. The National Register considers properties older than 50 for evaluation and provides guidance on how to evaluate significance for properties less than 50 years old.

The State Office of Historic Preservation has established a methodology and recording instrument and instruction on conducting a historic resource survey. The State of California uses the 45 years old or older threshold for considering properties for historic significance. This survey methodology is being used to evaluate the subject property.

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708 Winston Avenue, San Marino

CALIFORNIA REGISTER OF HISTORICAL RESOURCES
The California Register of Historical Resources is an authoritative guide to California’s significant historical and archeological resources to be used by state and local agencies, private groups, and citizens in identifying the existing historical resources of the state, and to indicate which resources deserve to be protected, to the extent prudent and feasible, from substantial adverse change. Although this report is not evaluating the property against the California Register, similar methodology is being used here.

The rights and responsibilities of owners of historic properties are the same as those of owners of nonhistoric properties. Listing does not prevent the use, sale, or transfer of the property. Because land use authority in California generally belongs to the local government, listing does not give either the state or the federal government any additional authority over the property. Consent from the property owner is not required, but a resource cannot be listed over an owner’s objections. The State Historic Resources Commission can, however, formally determine a property eligible for the California Register if the resource owner objects.

Resources eligible for listing include buildings, sites, structures, objects, or historic districts that retain historic integrity and are historically significant at the local, state, or national level under one or more of the following criteria:
1) It is associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States; 2) It is associated with the lives of persons important to local, California, or national history; 3) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master or possesses high artistic values; or 4) It has yield or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation.

In addition to having significance, resources must have integrity for the period of significance. The period of significance is the date or span of time within which significant events transpired, significant individuals made their important contributions, or important associations occurred.

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708 Winston Avenue, San Marino

4.0 RECORDS AND ARCHIVAL RESEARCH
This report includes collection, research, and analysis of archival documents, previous studies, reports and citations to aid in making a finding of historic significance and local eligibility. Assessor parcel data and maps for the subject property are included from what is available within the County Assessor website.

Original Sanborn maps were reviewed for San Marino. Library and archival research was conducted on the property and the family and architect associated with the property. A review of historic maps and aerial photos was conducted to determine the existence of site features that pre-date the construction of the home. Research was conducted at the San Marino public library and the San Marino historical society.

4.1 Prior Historic Resource Surveys and Inventories
There are no prior historic surveys that have been completed for this San Marino neighborhood. However, the subject property has been included in non-city affiliated pieces written on San Marino, and has its own file in the UC Santa Barbara archives on architect Roland E. Coates.

The San Marino Historical Society has on file multiple informal inventory lists of properties of historical interest. The subject property was included in an inventory of the San Marino Historical Society under “San Marino Architects”. This inventory was created in the early 1990s.

The home is also listed as No. 22 of 31 San Marino property of architectural noteworthiness in the seminal local history volume: “An Architectural Guidebook to Los Angeles” by David Gebhard and Robert Winter published in 2003. In there the home at 708 Winston Avenue is identified as the “Fitzgerald House” with the description “Coate was, of course, always at home with the Monterey style”.

4.2 City Directory Listings
To determine the occupants and owners of the property over time, a review of old City of San Marino directories obtained via Ancestry.com was completed. The review covered the subject property up to the late 1950s. Arroyo Resources was not able to obtain information in directories from the periods of 1929- 1930 as well as 1944-1948. The following Table 1 lists all occupants living at the property per available directories at the time this report was prepared.

Table 1. Subject Property, Directory Searches
source: Ancestry.com
Address Years Occupants
708 Winston Avenue 1929-1930 Information not available
708 Winston Avenue 1931-1943 C. Grattan and Ruth K. Fitzgerald 708 Winston Avenue 1944-1948 Information not available
708 Winston Avenue 1949-1959 Charles H. and Jane P. Hermann PAGE 118 of 320
708 Winston Avenue, San Marino

Directories from 1931-1943 show that C. Grattan and Ruth K. Fitzgerald lived at 708 Winston Avenue. A biography of the Fitzgeralds is proved in Section 4.8 below. Between the years of 1949 and 1959, directories indicate that Charles H. and Jane P. Hermann resided in the home. Based on research, Charles was a representative for the Repcal Brass Manufacturing company and was an advisor for the Five Acres Junior Auxiliary. Jane was a homemaker and member of the San Marino Child Aid Society.

4.3 City Building Permits
City of San Marino building permit records on the property as filed with the City’s Building and Safety Department were obtained. The original building permit was obtained by C.G. Fitzgerald in 1929 and states that he was the owner of the subject property. The building contractor is F. H. Ruppel, and the architect is Roland E. Coate. Table 2 below lists the original permit and modifications to the home. Exhibit 2 contains copies of all the City building permits on file.

Table 2. City Building Permits for 708 Winston Avenue
source: San Marino Building Department

CITY PERMIT RECORDS ASSESSMENT OF MODIFICATIONS
Date: December 3, 1929 (Permit No: 1005)
708 Winston Ave
Work: Build residence
Building Size: 107’ x 73’ approx
Stories: 1
Material: Concrete, Wood, 8-inch Adoblar Brick,
Composition & Shakes
Valuation/Cost: $27,000
Contractor and Architect: F.H. Ruppel, Roland E.

Coate
Owner: C.G. Fitzgerald
This is the original building permit for the residence. It is described as a one story, 12-room structure built for owner C.G. Fitzgerald and designed by architect Roland
E. Coate. The home is to sit at the front of the lot and will have a concrete foundation. The walls are built of brick veneer, while wood is used for most other portions of home (beams, floors, stairways). The home will have
composition & shakes roofing and two chimneys. The
original permit shows measured setbacks, and early
required condition in San Marino.

Date: January 14, 1944 (Permit No: 4355)
708 Winston Ave
Work: Garage
Building Size: N/A
Stories: 1
Material: N/A
Valuation/Cost: $200
Contractor and Architect: Illegible
Owner: Mary K. Beschorman
This permit appears to be for a very small
garage/storage structure near the location of the
current detached garage as appears on permit no.
11863 showing a detached garage added to the lot. This
structure no longer exists but was replaced by a carport and full-size garage documents in more recent permits
below. The small cost indicates that the structure was
small.

Date: February 2, 1948 (Permit No: 6034)
708 Winston Ave
Work: Repairs – Non-structural
Building Size: N/A
Stories: N/A
Material: N/A
Valuation/Cost: $600
Contractor and Architect: Austin G. Buffam
Owner: J. Hermann
An undetailed permit whose purpose is described as
“Repairs: Non-structural”.

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708 Winston Avenue, San Marino

Date: July 1, 1953 (Permit No: 8903)
708 Winston Ave
Work: Re-roof building
Building Size: N/A
Stories: 1
Material: N/A
Valuation/Cost: $2,815
Contractor and Architect: Royal Roofing Co.

Owner: Charles Hermann, Jr
This permit is for re-roofing the home. The material
used is not specified.

Date: May 22, 1959 (Permit No: 11863)
708 Winston Ave
Work: “Add to dwelling”
(Increase bath; convert garage to bedroom; add
carport)”
Building Size: N/A
Stories: 1
Material: Composition & Shakes
Valuation/Cost: $5,000
Contractor and Architect: D.M. McDonald
Owner: E.O. Thomas
This permit is for conversion of the original attached
garage into a living room/den area. A bathroom was
increased in size. A carport was added to the rear of the home is the general location of the current detached
garage added in 1985 as indicated below. .

Date: Jul 19, 1967 (Permit No: 4247)
708 Winston Ave
Work: “Private gunite Swimming Pool per plan -
Include deck”
Building Size: N/A
Stories: N/A
Material: N/A
Valuation/Cost: $4,500
Contractor and Architect: R.P Perry & Associates
Owner: William Bassett
This permit describes an addition of a private swimming pool and an alteration of what was then the carport. At the time of this permit, there were two buildings on the property. An accompanying inspection record for this
work was included, and notes are as follows:
“Remove stump from wall of pool.”
“Remove brick out of garage or carport area, so that it will be maintained as a garage or carport”
The current owner did discuss an oak tree in the
courtyard falling over at some point, and perhaps this is what the note about the stump refers to.

Date: May 22, 1978 (Permit No: 31880)
708 Winston Ave
Work: Retaining wall
Building Size: N/A
Stories: 1
Material:

Valuation/Cost: $700
Contractor and Architect: Mercurio Mason
Owner: Mrs. Marilyn M. Bassett
This permit is for a retaining wall added to the property.

It is listed as a repair.

Date: February 2, 1983 (Permit No: 39820)
708 Winston Ave
Work: New fireplace in existing room
Stories: N/A
Material: N/A
Valuation/Cost: $4,400
Contractor and Architect: ACME Patio Center
Owner: John Evans
This permit is for the addition of a fireplace to an
existing room in the home.

Date: January 7, 1985 (Permit No: 42360)
708 Winston Ave
Work: Add new garage, bath; remodel existing
kitchen
This permit is for a garage and bathroom addition, as
well as a remodeling of the kitchen.

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708 Winston Avenue, San Marino

Original Building Size: 5,400 square feet
Proposed Addition Size: 1,027 sq. ft
Stories: 1
Material: Tile
Valuation/Cost: $20,000
Contractor and Architect: Robert Savage
Owner: Robert C. Lashbrook
Date: October 11, 1989 (Permit No: 58849)
708 Winston Ave
Work: Remove existing pool; add new, 400 sq ft
pool w spa
Building Size: 400 square feet
Stories: N/A
Valuation/Cost: $22,000
Contractor and Architect: R.B. Perry & Associates
Owner: Nelson Jones
This permit is for the alteration of the pool in the rear of the home; the old pool is replaced with a new pool
and spa.

Date: March 29, 1993 (Permit No: 70383)
708 Winston Ave
Work: Unspecified-Mechanical Permit
Heating?
Building Size:

Stories: N/A
Valuation/Cost:

Contractor and Architect: Benedict & Benedict
Owner: Nelson Jones
Its unclear what this 1993 permit is for—some sort of
mechanical heating installation or repair.

Date: October 13, 1998 (Permit No: 77219)
708 Winston Ave
Work: Tear off wood shakes – replace with Class
‘C’ treated wood shakes to match existing – 700
sq feet
Building Size: 700 sq feet
Stories: N/A
Valuation/Cost: $2,200
Contractor and Architect: M. Sheahan
Owner: Nelson Jones
Presumably, the garage was re-roofed with this
permit.

Date: August 30, 1999 (Permit No: 78454)
708 Winston Ave
Work: Tear off re-reroof, replace with Class ‘C’
wood shakes – 5,500 sq feet
Building Size:

Stories: N/A
Valuation/Cost: $8,500
Contractor and Architect: M. Sheahan
Owner: Nelson Jones
Presumably, the 1953 re-roof was torn off here and
the residence was re-roofed to match the previous
permit entry (see above).

The permits show that the home was originally built between 1929 and 1930. Original blueprints dated 1929 as obtained by the current owners (see Figure 5. below) show the home was designed by Roland E.

Coate as a one-story residence with twelve rooms for CG Fitzgerald. The original work included an attached garage, a part of the u-shape of the home. In 1944, a subsequent owner added a small garage PAGE 121 of 320
708 Winston Avenue, San Marino

in the general location of the current detached garage. In 1959, the original attached garage was converted into a room and an existing bathroom was expanded. The work in this year also included construction of a carport in the location of the current detached garage.

Other minor modifications include unspecified non-structural repairs were done to the home in 1948.

The residence was re-roofed in 1953 and in more recent times. A swimming pool was added in 1967.

Figure 5. Roland E. Coate, Blueprint Image for the Property source: Current Property Owners

4.4 Subdivision History
Arroyo Resources reviewed the Subdivision maps filed with the Los Angeles County Department of Public Works to trace land divisions changes over time. The subject property is Lots 55 of Tract 9884 subdivided in 1928. Based on City permit records, the home was built a year afterward. Table 3 provides a chronological listing of tract subdivisions covering the subject property. Tract maps for No. 9884 are included as a part of Exhibit 3.

Table 3. Tract Cronology
Source: Los Angeles County Public Works Land Records

SURVEYED RECORDED TRACT (PORTION OF) TRACT AND PUBLIC

LAND RECORD

INFORMATION
SHEETS
October 1928 November 21,
1928
Tract No. 9884 (Henry E.

Huntington, Dubros
Realty Corporation)
TR0155-049 #1 and #2
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708 Winston Avenue, San Marino

1907 March 6, 1907 San Marino Park
(Huntington Land &
Improvement Company)
TR0085-070 #5, #6 and #7
March 1904 May 3, 1904 Huntington Drive Tract
No 2 (Los Angeles Land
Company)
TR0005-095a #7
The property was a part of a tract of land owned by the Huntington Estate and developed by the Dubros Realty Corporation in 1928. The tract was surveyed by William Chalmers who was the city engineer for the City of San Marino in 1928. This tract was created on a portion of Lot 4 of the San Marino Park Tract, owned by Huntington Land & Improvement Company in 1907, and a portion of Block O of the Huntington Drive Tract No. 2 which was owned by the Los Angeles Land Company in 1904.

4.5 Sanborn Fire Insurance Maps
Sanborn fire insurance maps are large-scale maps that depict the commercial, industrial, and residential sections of approximately 12,000 cities and towns in the United States. These specialized maps were prepared for the exclusive use of fire insurance companies and underwriters to provide accurate, current, and detailed information about the buildings they were insuring and today provide valuable information for research purposes. A review of Sanborn maps for San Marino was conducted for the subject property.

There is only one known Sanborn Maps for the City of San Marino prepared in 1929 as obtained from the Los Angeles Public Library. The only territory in the City mapped was the commercial district around Mission Street. There are no Sanborn maps showing the property or its vicinity.

4.6 Los Angeles County Assessor Historic Tax Roll
Assessor tax record research was conducted at the archival room of the Los Angeles County Assessor in downtown Los Angeles. Research was conducted to determine ownership over time with the objective of determining the original owner of the home from when the property first came on the tax rolls. The property at 708 Winston Avenue is located on Lots 55 and 56 of Tract 9884. Records indicate that the tract was transferred to the Dubros Realty Corporation in 1928 and subsequently subdivided. Lots 55 and 56 of the tract were transferred to Ruth K. Fitzgerald in 1931. In 1933, Lots 55 and 56 were transferred to C.G. Fitzgerald. In 1938 the lots were transferred back to Ruth K. Fitzgerald. The property was transferred from Ruth K. Fitzgerald to Mary K. Beschorman in 1943. In 1948, the subject property was transferred to Charles H. and Jane P. Hermann and remained in their possession until 1959 when the property was transferred to Evan O. and Mary M. Thomas. In 1964, the property was transferred from Evan O. and Mary M. Thomas to William E. and Marilyn M. Bassett. Table 4 below shows the ownership history of the subject property.

Table 4. Property Ownership History: 708 Winston Avenue source: Los Angeles County Assessor
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Year Book Page Number Lot Number Name Transfer
Date
1964 240 11 55 and 56 Evan O. and Mary M.

Thomas transfer to
William E. and Marilyn
M. Bassett
7/28/1964
1959-1963 706 313 55 and 56 Charles H. and Jane P.

Hermann transfer to
Evan O. and Mary M.

Thomas
4/24/1959
1954-1958 706-2 313 55 and 56 Charles H. and Jane P.

Hermann
None
1949-1953 706-2 313 55 and 56 Charles H. and Jane P.

Hermann
None
1941-1948 706 32 55 and 56 Mary K. Beschorman
transfer to Charles H.
and Jane P. Hermann
Ruth K. Fitzgerald
transfer to Mary K.

Beschorman
1/13/1948
10/14/1943
1934-1941 706 32 55 and 56 C Grattan Fitzgerald
transfer to Ruth K.

Fitzgerald
1938
1927-1934 706 32 55 and 56 Ruth K. Fitzgerald
transfer to C Grattan
Fitzgerald
Dubos Realty
Corporation transfer
to Ruth K. Fitzgerald
1933
1931
1921-1927 147 21 4 Huntington Land and
Improvement
Company transfer to
the Dubros Realty
Corporation
1928
1913-1921 147 21 4 Huntington Land &
Improvement
Company
No date
shown
The original owner of the home, Ruth K. Fitzgerald was the wife of CG Fitzgerald who was the president of the Fitzgerald Engineering and Construction Company based in Los Angeles, CA. Further information about CG Fitzgerald is provided in section 4.8 below.

Other owners of the home include May K. Beschorman who was the second owner of the home. A housewife, she was married to William C. Beschorman, a retired president of Furniture Mart Incorporated PAGE 124 of 320
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in Scarsdale, NY. The next owner, Charles H. Hermann, was a sales representative for the Repcal Brass Manufacturing Company in Los Angeles, CA and his wife Jane was a housewife. Following owners William E. and Marilyn M. Bassett owned a sales firm that represented manufacturers of electronics. The firm is now known as the Bassett Sales Corporation and is run by their children. After moving to San Marino in 1964, Marilyn became involved in the San Marino PTA and the San Marino Unified School District. Her involvement led to her being elected to the school board of the Sa Marino Unified School District and eventually as the president of the school board. In the late 1970s, Marilyn ran the office of Senator S.I.

Hayakawa. In 1983, she went to work for the Los Angeles law firm McCutcheon, Black, Verleger & Shea.

Marilyn was also a Deacon at the San Marino Community Church and volunteer for various activities.

4.7 Library Research
Research was conducted at the Los Angeles Public Library including the California Index, the historical US Census, a review of the historical Los Angeles Times articles on persons associated with the property and the neighborhood, and historic photographs. Additional research was conducted at the San Marino public library, the Pasadena History Museum, and the San Marino Historical Society.

4.8 C.G. Fitzgerald
The first owner of the home, who commissioned Roland E. Coate for its design, was Cyril Grattan Fitzgerald. He was born in Calgary, Alberta, Canada on June 10, 1890 and was one of six children of James G. FitzGerald, an Irish immigrant to the United States and Carrie Chapman Fitzgerald of Canada. The family lived in Canada until they immigrated to the United States in 1896 and lived in Alabama. Between 1896 and 1910, the family moved to Los Angeles. The first mention of the family in the United States Census is in 1910 in which it is stated that James Fitzgerald was a commission agent for a land and lumber company and Cyril Fitzgerald was listed a civil engineer. At the time Fitzgerald was working for the South Coast Land Company. He was drafted into the army in 1918 during World War I and served as a captain in Company A of the 601st Corps of Engineers.

Records indicate that Fitzgerald’s mother Carrie died in 1920. In 1922, he married Ruth Mary Adelaine Keller, born on March 26, 1895 in Santa Monica, CA. The couple had a daughter, Mary Ann, in 1930.

In 1923, Fitzgerald and two of his brothers created the Fitzgerald Engineering and Construction Company, of which he was the president. In 1929, Fitzgerald joined with Los Angeles businessman, Harry Johansing, and others to create the Twenty-Nine Palms Corporation in order to buy land in the oasis of Twenty-Nine Palms, CA. The corporation bought the Twenty-Nine Palms Inn and 480 acres of land surrounding the area to subdivide it and sell the lots. However, the stock market crash in October of that year put an end to those plans. Instead, the corporation retained ownership of the Twenty-Nine Palms Inn and made profits from it. The corporation eventually sold the inn in 1938.

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Figure 6. Photo of Cyril Grattan Fitzgerald (1890-1953) source: Geni.com
Meanwhile, the Fitzgerald Engineering and Construction Company was very successful and had two offices, one on Spring Street and another on Beverly Boulevard in Los Angeles. The company was very active in community development and designed and constructed many streets in Los Angeles, CA. The company also constructed the Rowan Building on Spring Street that still stands today.

Fitzgerald was engaged in other activities including the Hamilton Sales Corporation of which he was president. He was a member of the Los Angeles Rotary Club, Associated Contractors, American Legion, and the American Society of Civil Engineers. Fitzgerald died on February 29, 1953 at Huntington Memorial Hospital in Pasadena, CA and is buried at Calvary Cemetery in Los Angeles, CA. His wife, Ruth, died on June 4, 1986 in San Luis Obispo, CA and is also buried at Calvary Cemetery in Los Angeles, CA. Exhibit 4 includes his obituary as published in the Los Angeles Times.

4.9 Roland E. Coate
Roland Eli Coate Sr. was a prolific architect in southern California and is best known for being a great proponent of the Colonial Revival styles in residential architecture, especial Monterey Colonial Revival.

He was born in Richmond, Indiana in 1890 and completed the first two years of his formal education in his hometown at Earlham College. Coate went on to receive professional training in Architecture at Cornell University from which he was awarded a bachelor’s degree in architecture in 1914. After graduation Coate received a Tau Beta Phi Engineering Honors Society scholarship to travel to Europe and study architecture.

Upon his return from Europe, he was immediately able to gain employment as a draftsman with the prestigious firm of Trowbridge and Livingston in New York. Coate was employed by the firm from 1915 to PAGE 126 of 320
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1917 until he entered into the American Expeditionary Forces to serve in World War I. When Coate completed his service in 1919, he moved to Los Angeles, California and was sponsored by Reginald Johnson to receive his certification to practice architecture in the golden state. Once he received his certification Coate entered into a partnership with Reginald Johnson and Gordon Kaufmann, forming Johnson, Kaufmann and Coate Architects. While working as a junior architect with the firm, he helped to design St. Paul’s Episcopal Cathedral in downtown Los Angeles which stood until March of 1980 when it was demolished to clear land for the construction of an office high rise. Johnson, Kaufmann and Coate amicably dissolved in 1925, at which time Coate began his sole practice as an architect.

Figure 7. Roland Eli Coate, Cornell University 1914
source: Cornell University
Given Coate’s success with St. Paul’s Episcopal Cathedral, the first solo commission he received was in designing the All Saints Episcopal Church in Beverly Hills which still stands today. One of Coate’s most celebrated works is his essay, “The Early California House, Blending Colonial and California Forms”, published in California Arts & Architecture magazine in March of 1929. In it he shares his design philosophy and provides valuable insight into why he felt Monterey Colonial Revival architecture was perfect for California living. By the time he wrote the essay, Coate had designed dozens of residences in West Los Angeles, Downey, Pasadena, Santa Anita, and San Marino and was highly regarded as a gifted architect by both his colleagues and high society clients. During Coate’s time, a large body of his work was published in a multitude of architecture, design and local periodicals, celebrating the beautiful designs and masterfully executed details in his Colonial Revival homes.

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On July 20th, 1952, the Pasadena Star News published a column titled, “Architecture 1900-1952, Outstanding Examples Built Within 50 Years” in which the residence located at 708 Winston Avenue was noted as “one of the first examples of a one-story Monterey type.” Coate designed nearly one hundred buildings and residences during the wide span of his career, of which almost fifty percent were constructed in San Marino, the city he called home for many years.

Coate was the recipient of numerous awards from the American Institute of Architects (A.I.A), nationally and from the local southern California and Pasadena chapters, as well as the Architectural League of New York. He is a master architect, who is credited with designing the finest examples of Colonial Revival architecture in southern California. Figure 8 below is a 1939 photograph of the home he designed for noted filmmaker, David O. Selznick. Coate was a practicing architect until his death in 1958, creating an impressive portfolio of influential work throughout the wide span of his career.

Figure 8. Home of David O. Selznick in Beverly Hills
designed by Roland E. Coate, built in 1933
source: Los Angeles Public Library
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5.0 HISTORIC CONTEXT STATEMENT
The following discussion of historic context has been developed to help evaluate the significance of the subject property. Historic contexts are defined as “those patterns or trends in history by which a specific occurrence, property, or site is understood and its meaning (and ultimately its significance) is made clear.” A context may be organized by theme, geographic area, or chronology; regardless of the frame of reference, a historic context is associated with a defined area and an identified period of significance.

Historic contexts are linked to physical artifacts through the concept of property types and is crucial to the evaluation of historic significance. A property’s historic significance must be explained against its associated context.

This historic context period important for evaluating the significance of the subject property is the period in San Marino’s development history that established the pattern of estate home building. The product of the early City founders’ planning was a set of rules and regulations put in place to create a planned community of stately residential homes on large lots, providing an on-site garden setting and park-like environment for the City overall. Context statements have also been provided to understand the importance of persons associated with the property and the appropriate architectural context to understand the significance of the home’s style and features.

The City does not have an established Citywide Historic Context Statement. Exhibit 5 is a Citywide Context Statement developed for evaluating properties and features in the City of San Marino. The following context statements have been developed specifically for evaluating the subject property’s historic significance.

5.1 The Neighborhood
The property is within the “Winston Avenue” neighborhood as identified in the City’s 2003 General Plan.

This neighborhood is north of Huntington Drive to the south, Sierra Madre Boulevard to the east, San Marino High School and Santa Anita Avenue to the east and the City boundary to the north. The character of the neighborhood is defined by the revival architectural styles, curved streets, mature and lush landscaping, and planned setbacks. Most homes are two-stories. The one-story plan of the subject home with deep setbacks on a corner lot gives the home a “landmark” feel within the neighborhood. Lot sizes in this neighborhood are in the range of 12,000 square feet. The home is more than twice this size.

Surrounding homes include several two-story American Colonial Revival style homes.

The neighborhood was once a part of the San Marino Park tract created in 1907 by the Huntington Land and Improvement Company, but was not developed until after this territory was subdivided to create typical residential parcels for single family home building. The home is comprised of what is the entirety of Lots 55 of Tract 9884 subdivided in 1928 transferring ownership between the Huntington Estate company to individuals. The home was one of the first developed in this tract. The Pacific Electric Monrovia Branch ran along Huntington Drive with a route up Sierra Madre Boulevard, one block to the west of the home. Figure 9 below shows a territory in San Marino near the home advertising the PAGE 129 of 320
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“Huntington Drive Tract”. A tract of land slightly north of the subject property. This photo may have been taken some time between 1904 and 1909.

Figure 9. Looking north along Santa Anita Avenue in San Marino, no date source: Los Angeles Public Library

5.2 San Marino Architects, Builders, and Craftsmen
The rules and regulations set by the early founders of the City were influential when it came to the residential development patterns and architecture of the City. Strict building regulations and standards combined with the fact that the City was the locale of Henry E. Huntington’s estate drew primarily uppermiddle and upper-class homeowners throughout the 1920s and the 1930s. As a result, many of San Marino’s homes were designed to be stately residences at the least, and were sometimes designed by well-known architects of the era commissioned by local residents often active in their fields. Historian David Gebhard claims that often, the best examples of good architecture in San Marino sit near the City’s border shared Pasadena, for many “excellent” architects working in Pasadena were ready and willing to cross the border into San Marino.

In the early 1990s, the City of San Marino worked with the San Marino Historical Society to develop a file on “San Marino Architects”; this included a document titled “Street Listing”, which includes the address and street listings of homes built by what the City and the Historical Society consider to be “architects”, as opposed to “builders” or “craftsmen”. Though the following list is by no means all-inclusive, it does PAGE 130 of 320
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include the names of both firms and individuals that were considered important enough to have residences listed by the City as documented by the San Marino Historical Society.

FIRMS & PARTNERSHIPS
*Adams & Rainer
*Buff, Straub, & Hensman
*Hudson & Munsell
*Marston, Van Pelt & Maybury
*Marston & Maybury
*Norwood & Delonge
*Smith & Williams
*Weston & Weston

INDIVIDUALS
*Allen Tierney
*David Gilvie
*Everett Babcock
*Frank D. Hudson
*Garrett Van Pelt
*Herbert Brewster
*Jack Delonge
*Jock Peters
*Miller Fong
*Myron Hunt
*Offenhauser
*Ray Kieffer
*RM Schindler
*Roland Coate
*Roy Kelley
*Theodore Pletch
*Wallace Neff
Roland E. Coate, can be considered a master architect due to his blending of Colonial with Spanish architectural elements and features that contributed to a specific style. There is an extensive collection of archives related his architectural practice located at the University of Santa Barbara, California. The University has published an index to their archives, which includes all of the addresses for which they have original and/or important material, including blueprints, correspondences, newspaper and magazine clippings, et al. What follows is a table of all the residences included in the Roland E. Coate archives that were listed as being located in the City of San Marino, California.

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Table 5. Selected San Marino Residences designed by Roland E. Coate 1925-1956
source: University of California, Santa Barbara
Name Address Year
Bailey, Wilbur 1500 Park Place 1925-1956
Barnhill, F.D. 1725 Oak Grove 1926
Bryant, Ernest A. 1200 Virginia Road 1948
Bush, Roy R. 2060 Lombardy Road 1951-1952
Charnley, Vernon 1288 Oak Grove Avenue 1931
Clary, William L 1102 Arden Road 1951-1952
Coates, Roland E 1255 Shenandoah 1938-1941
Day, Clarence “Gainsborough Heath” -
Dragge, Allen 1201 Virginia Rd (alterations) 1952-1953
Edwards, WD South Oak Knoll Avenue 1925
Erdman, C Pardee 1050 Rosalind Road 1937-1940
Fitzgerald, CG 708 Winston Avenue 1929
Freutel Jr., Edward C. 1950
Gaylord, G.S. 1466 Charlton Road 1937
Geis, W.H. 1550 Circle Drive 1937
Hall, Shirley 1300 Woodstock Road
(addition)
1935-1950
Heath, Edward 2080 Lombardy Road 1929-1932
Hoover Jr., Herbert 915 Orlando Road 1950
Hotchkiss, Preston 1415 Circle Drive 1928
Mayo, Geoffrey G. 945 Orlando Road 1928-1936
McCone, John A. 1100 Oak Grove Ave. 1952-1950
Meaglia, Dominic 905 Chester 1944-1950
Menefee, Percy L 642 Chaucer Street 1927-1928
O’Melveny, Stuart 1465 Orlando Road 1941
Pike, Thomas P. 1475 Circle Drive 1938
Ruppel, Frederick 2225 Robles Avenue 1937-1938
Smith, Clement C 1260 Shenandoah Road
(alteration)
1933
Smith, Gladys Milligan 1850 Lombardy Road 1928
Stasand, George W 674 Canterbury Road 1937
Stream, Harold 870 Chester Avenue 1952
Taylor, Reese H. 1708 Oak Grove Avenue 1926
Taylor, Reese H. 1255 Shenandoah Avenue 1952-1953
Twaits, Ford 804 Oxford Road 1946-1947
Valentine, Edward 2035 El Molino Avenue
(alterations)
1948
Ward, Chandler 1355 Circle Drive 1930
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Ward, Monroe Rosalind Road 1939
Whittier, LeLand Shenandoah Road 1955-1956
Wilson, Annie 1260 Shenandoah Road 1930
Figure 10. San Marino home of Edward H Heath (2080 Lombardy Road) built in 1930 and designed by Roland E. Coate, photo 1939 source: Los Angeles Public Library

5.3 Monterey Colonial Revival
The Montery Colonial Revival style is one of several stylistic variations within the “Period Revival” styles, which refers to a wide range of historically based styles favored by the American public for nearly half of a century. The trend towards revivalist architecture gained momentum from the 1893 Chicago World’s Fair, the Columbian Exposition, where historical interpretations of European styles were encouraged. This marked a new era for American architecture: historical correctness also became more important as young architects attended universities for their craft instead of office apprenticeships. By the second decade of PAGE 133 of 320
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the century, clients were also more knowledgeable and concerned with historical “correctness” while simultaneously desiring more opulence and display. The emerging revival styles looked to the past for inspiration, and quickly gained precedence during the first half of the 20th century. Mission, Spanish Colonial, English Tudor, French Norman—these styles were based on traditional, historic building traditions of North America and Europe. This was one of the most diverse and colorful periods for architecture and urban design across America.

The Monterey Colonial Revival style (also named “Monterey”, “Monterey Colonial”, or “Monterey Revival”) encompasses the building traditions of the Native Americans, Spanish colonies, and early settlers from Mexico in California with the formality, symmetry, and grandeur of New England Colonial architectural details such as windows, doors, casings and trim. During the era of Spanish colonization in California the missions, dwellings, and presidios were constructed to withstand earthquakes and enemy invasions. The Spanish adopted the adobe construction method used by the Native Americans, not only because the natives would provide the labor, but also because the adobe Pueblos were well adapted to the climate of the region and provided a solid structural barrier against invasion and seismic activity. Adobe bricks were made rather easily by filling a rectangular wooden mold with a combination of soil, water, straw or grass, and turning it out on the ground to sun bake for eight days. Once the bricks were thoroughly baked they were turned on end to air cure before being used for construction. The mixture used to make adobe bricks doubled as mortar and provided for structural walls that were thick, strong, and far more weather and earthquake resistant than the traditional brick and mortar building methods used in New England. The Monterey Colonial Revival style adopted the adobe brick feature and often used “Adoblar” bricks, a brick made of modern materials meant to be an updated interrelation of the adobe brick.

The first Monterey Colonial Revival style building was designed and constructed by Thomas O.

Larkin. Larkin was not formally trained as a builder or architect, but he was a successful entrepreneur who used inspiration from his home region and local resources when it came time to construct his residence in the west. Larkin was originally from Lynn, Massachusetts, a city within proximity to Boston which he frequently visited. When Larkin was a young man he established himself as a merchant before moving to North Carolina where he became a successful business man. He spent five years living in the south and often visited Charleston. During his visits, Larkin kept a diary of his travels which included entries about his appreciation of the city’s high architecture. His writings provide testimony that the colonial architecture of both New England and the South would inspire the design of the home he built in Monterey, California in 1835.

Traditional adobe houses were low and long, and the use of timber was limited to lintels that spanned doorways and beams for roof support. When Larkin arrived in California, he brought with him experience in the lumber industry and took advantage of the plentiful forest resources that the west had available.

He opened a saw mill in Santa Cruz and took orders for his lumber products from his flagship store in Monterey. The introduction of lumber materials and traditional English timber framing construction methods made it possible to build two story houses out of adobe bricks. The wood frame provided the structural support necessary to build a second story. Horizontal wood members were pierced into the PAGE 134 of 320
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walls to hold the frame and adobe exterior together. Larkin’s sawmill was also able to produce wood shake roof tiles made as a byproduct of large building lumber. The lightweight roofing material made it possible to construct roofs with wide overhanging eaves that provided shade for verandas. Roof forms could be more complex and span large living areas of a house without being too heavy or costly.

The vertical posts and strong projecting second story floor joists allowed for the double verandas that are so characteristic of Monterey Colonial Revival style homes. Traditional adobe houses had floors that were made from tamped earth, but Larkin introduced the wood plank flooring that was common in New England Colonial houses to the California market, where it became widely adopted into residential construction. All the construction methods using timber and wood building materials were employed in the design of the Larkin House which stood as a showcase of the products that he sold in his store. Larkin’s hybrid use of timber elements from New England combined with the vernacular California adobe exteriors typified the Monterey Colonial Revival style.

Figure 11. The Larkin House, Monterey California, circa 1900 source: National Park Service
In Roland Coate’s 1929 essay, The Early California House, he describes the Colonial Revival types, saying “It is new and yet it is old, old traditions and old forms blended with new forms and treated in a new way.” Beginning with the vernacular architecture and forms of adobe houses that were so well suited for the California climate, early settlers from New England adapted the houses to their lifestyle by adding fine colonial architectural details. Coate goes on to explain that this early California type was as easy to develop for suburban living in the middle of the twentieth century as it was for early western settlers one hundred years earlier. Thus, Coate advocates for the Monterey Colonial Revival style stating that there is no limit to the ways its materiality, floor plan, level of formality, and interior design can be adapted for its occupants.

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The design of Monterey Colonial Revival homes can be comprised of multiple materials, including stucco, board and batten siding, and white washed brick or cement masonry units. On traditional adobe homes, wall coating was often applied to give buildings a more pleasant visual appearance and to help maintain the integrity of the walls, as wind-driven rain could expedite the erosion. Though Larkin was said to not initially favor the adobe material, in an 1843 letter he wrote that “the houses when plastered and white washed make a very good appearance.”
It is not uncommon to see second story materials differing from that of the first story; with one story types having different façade and rear elevation materials. Balconies can be of the most intricate iron detailing or made of simple iron or wood bars and rails. Roof forms tend to be hipped or side gabled with a large principle roof being indicative of the main living space. Additionally, wide over hanging eaves of the principle roof are incorporated to provide a covering for second floor verandas. Door and window openings can be simple if Spanish Colonial architecture is the influence, with adornments being served by window grilles, be they simple or intricate.

Formal types of Monterey Colonial Revival style homes incorporate New England colonial details such as double hung windows, sidelights, fan lights, Georgian trims and moldings, wooden shutters, and decorative corbels. Symmetry is also incorporated in New England types such as a centered main entrance door with equal amounts of window openings on each side, and a continuous linear veranda overhead.

Although Monterey Colonial Revival residences can feature red Spanish tile roofs, and artful Spanish tile details, the principle use of wood in the construction of framing, roofs, floor joists, verandas, support posts, and interior floors are common throughout all Monterey Revival types, be them one or two-story homes.

Figure 12. A Monterey Colonial Revival Home designed by Roland E. Coate, Pasadena CA 1927 source: Sothebys Home
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Figure 13. A Monterey Colonial Revival home designed by Coate for Francis Baer, Pasadena, CA Arts & Architecture Magazine, March 1929 source: Pasadena Museum of History
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6.0 ARCHITECTURAL EVALUATION

6.1 Style, Plan, Setting, and Massing
The subject property located at 708 Winston Avenue in San Marino, California is located in the northern and eastern section of the City. The site’s landscape is a manicured lawn with ivy ground cover, oak trees, olive trees, flowering plants, and shrubbery placed across the grounds. The home is situated deep inside the property away from the two surrounding streets and sits low to the ground. The home is surrounded by a highly landscaped setting, characterized by ivy, grass, ferns, green shrubs, and three heritage oak trees. Paved brick paths surround the home, leading from verandas to partitioned courtyard and a back courtyard (see Figure 14 below).

Figure 14. Street Views of home, showing long setback with heritage trees (above) along Winston Ave and secondary face along Lombardy Road (below)
source: Google Maps
The home was designed in the Monterey Colonial Revival style by master architect, Roland E. Coate. The residence stands as a fine and rare example of a one-story Monterey Revival style home. The property PAGE 138 of 320
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has a ‘U’ shape plan which is comprised of a north service wing, a central living area, and the south bedroom wing, all of which surround the courtyard. Each wing has rectangular massing with the central wing being perpendicular to the north and south wings.

Exhibit 6 at the end of this Report includes a series of photographs of the property divided into its components, elevations, and features showing and describing the essential architectural character of the property.

Figure 15. Front Façade View along Winston Avenue
source: Arroyo Resources

6.2 Architectural Features
The following discussion breaks down the essential components of the architecture and those features that give the home its Monterey Colonial Revival style.

ROOF
The low-pitched hipped roof of the main living structure is covered in “class C” wood shakes fabricated to match the original wood shakes used in the 1929 construction and have replaced the original roof in its entirety. The underside of the roof overhangs and veranda are clad with redwood. The redwood rafter tails are visible all along the roof overhangs and have a half bullnose profile. The heavy use of redwood timbers and wood shakes is indicative of the Monterey Style. Some of the ends of the rafter tails along the east elevation of the original garage, have been replaced with like kind wood, most likely due to dry rot damage from intense sun and rain exposure over the years. The gutter system and downspouts also appear to be original. They have been well maintained and are in good condition.

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There are four chimneys protruding from the roof line, all of which are constructed of adoblar brick but have not retained full white-wash coating. The chimneys over the living room and master bedroom are original to the 1929 construction of the home. A permit for the addition of “a new fireplace in existing room” was issued in February of 1983, most likely in the converted garage space, although it is unclear whether the fireplace was installed in the converted garage space or the dining room. Although the original blue prints of the home do not show a fireplace in the dining room, it is likely that the design feature could have been part of the original construction and decided upon after the blue prints were printed. It would have been entirely appropriate for a home of this size to feature a fireplace in the dining room as it was a common design feature in many New England colonial residences and was adopted by the Monterey Colonial Revival style.

FOUNDATION
The residence has a basement foundation constructed of poured concrete. Several vents with metal debris screens were noted around the perimeter of the foundation. The veranda along the west facing primary façade has a brick paver patio laid in a double basket weave pattern. Two paver pathways radiate from it; one of which leads to the north sidewalk and the other leading to the gate providing access to the south path which leads to the garden, also laid in a double basket weave pattern. The garage court on the east side of the property is accessed through large gates from the north sidewalk and is decked with poured concrete. The garage court connects with an enclosed yard on the north side of the house, a pathway leading to the garden along the west side of the detached garage, and the main courtyard on the east side of the property with each area accessible by gate. The original brick paver patio remains in the small yard on the north side. The deck of the main courtyard is comprised of contemporary brick pavers laid in a scallop pattern with radial borders, which were installed in 1967 along with the first swimming pool by R.P. Perry & Associates. The brick borders of the planter beds in the main courtyard also appear to be contemporary. The main courtyard has a gate on the south end that opens to the garden area with original brick paver pathways that run the perimeter of the garden and lead back to the path along the west side of the detached garage which was added in 1944.

STRUCTURAL AND RETAINING WALLS
The exterior walls of the residence are comprised of adoblar bricks, which are modern bricks that were made to resemble the historic adobe bricks used to construct Spanish colonial buildings in early California history. The bricks are laid in a running bond pattern and are painted with white wash to protect them from moisture intrusion. This method of wall construction is a key element of the Monterey Colonial Revival style. The original east and south exterior walls of the courtyard were enclosed to create an indoor sun room and corridor, however the original board and batten siding on the walls remains, another key architectural feature of the Monterey Revival style. An adoblar retaining wall projects from the north elevation of the home, enclosing the small patio and yard along the north elevation, which was originally designed as the service entry for C.G. Fitzgerald’s maid, and other service providers. A bathroom is accessible from the outside patio and a door leads from this area to the service porch, which is connected to the kitchen. The retaining wall continues beyond the north elevation to enclose the outdoor spaces on PAGE 140 of 320
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the east side of the residence. At the southeast corner of the property the retaining wall meets with an iron fence that runs along the south elevation and adjoins with an exterior wall on the west elevation where an access gate is located.

WINDOWS AND DOORS
All the wooden windows on the primary façade are original and remain in very good condition. Each window on the façade is double hung with a six over six composition and many feature brick headers with flat arches, slanted brick sills that direct water away from the windows, and wooden shutters with iron hardware, including decorative closures in a colonial scroll pattern. The design of these windows is derived from New England Colonial architecture, while the iron box grilles on the two west facing bedroom windows are reminiscent of the Spanish Colonial Revival style, although less ornate than traditional Spanish rejas (decorative ironwork). The main entry door has four panels and is flanked by two decorative pilasters and two over two sidelights. The thick moldings on the door surround, brass hardware, and high gloss white paint is indicative of the Georgian style, a design element of the home that was distinctly borrowed from New England Colonial architecture. Directly north of the main entry door is a set of intricately designed Colonial style doors. The opening houses four layers; exterior wooden shutters, a set of pocket doors, and a pair of French doors with three divided lights in each. The interior wooden shutters which are the fourth layer, do not appear to be original.

The windows on the west half of north elevation are almost all double hung with wooden shutters, two of which are two over two lights and one being six over six lights. There is one single hung window with an awning shutter for the bathroom allowing for privacy. The east half of the north elevation, which begins on the enclosed side of the retaining wall, features three six light casement windows on the kitchen wall, separated by decorative pilasters. There are two six light casement windows that flank the service porch entry door while the garage wall has a double hung two over two window with wooden shutters.

The windows and door on the east elevation of the converted garage are not original. The original opening was infilled with exposed adoblar brick, redwood timbers, and wooden casement windows with six lights that complement the original windows. The wooden, ten panel door exhibits a mid-century design which was appropriate for the time when the conversion was constructed in 1959.

The French doors on the south, north, and east facing elevations of the courtyard are original from the 1929 design, however the south and east facing exterior doors were relocated. The doors were moved from their original positions to become flush with the roof eave support columns, creating an indoor sun room off the living room and an enclosed corridor along the north wing, both of which retain the original terra cotta tile patio. The window infills on the south and east elevations are not original and were most likely added when the original garage was converted to a bedroom in 1959. The two dressing room windows on the north elevation of the courtyard are original and feature box window grilles with a decorative diamond pattern. Each of the casement windows has wooden interior shutters.

The windows that face the garden on the east elevation are three original casement windows, with the center window on the bathroom wall having a louvered wood shutter. The fixed picture window on the PAGE 141 of 320
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far north end of the elevation is not original. This is made apparent by the remaining flat arch header above the window that is the width of the original casement window. The picture window features an etched nature scene of an oak tree, a body of water, and the mountains in the distance. The installation period for the picture window is unknown.

The two windows on the master bedroom wall of the south elevation and the two windows of the adjoining bedroom are each double hung, six over six lights with wooden shutters. The two windows on the south elevation located on the far west end are wooden casement windows, which are the same as those located on the street facing north elevation.

DETAILS
The primary façade and the courtyard feature fine architectural details that are exceptional and aide in characterizing the home as Monterey Colonial Revival style. A post with a cast iron lamp is located at the beginning of the main entry path that leads to the veranda and displays the house numbers. The original cast iron mailbox designed with the words “U.S. Mail” and a relief of an American eagle holding two American flags is mounted to the exterior wall on the left side of the front door entrance. Copper wall lanterns are located on the façade. Each fixture holds three electrified candlesticks and a reflective plate.

There are also feet on the bottom of each lantern, giving evidence that they were probably traditional table top lanterns converted into light fixtures for the home, a charming and unique feature. One of the windows on the façade has a knob located on its stool which may have served as a shutter hold.

The courtyard features iron Spanish style light sconces that hold an electrified candlestick. There is one unique window on the east courtyard elevation which is made with openings in the brick, a style of window that is prevalent in early Mexican dwellings, showing the influence of vernacular architectural elements on the Monterey Colonial style. An outdoor gardening sink made of brick and Spanish tiles with a floral motif sits just below the window perforation on the north elevation of the courtyard. A wooden sink apron features a quatrefoil pattern, reminiscent of the gothic architecture motifs commonly used in Spain. An original outdoor fountain is located on the courtyard’s curved retaining wall and is constructed of brick and Spanish tiles in blue, floral motifs, and mandalas in various colors and patterns. The main feature of the fountain are the yellow tiles painted with two peacocks surrounded by red flowers.

6.3 Alterations
Three major alterations have taken place since the residence was constructed in 1929 that have changed its exterior appearance. Modifications to the home include an original, attached garage, subsequently converted to a living area in 1959. Other changes include construction of a detached garage in 1985 and enclosure of the rear courtyard veranda with a series of French doors. Other modifications are minor and include changes to the landscape and hardscape of the rear courtyard. None of these modifications have compromised the integrity of the original design.

In 1944, a small detached garage was constructed near the location of the current detached garage. This garage no longer exists. In 1959, the original attached garage was converted into a living space for a PAGE 142 of 320
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bedroom, living room, or den. This change also included expansion of an existing bathroom. In 1959 a carport was constructed a the location of the current detached garage. This construction was likely due to the loss of the original covered attached garage when the space was converted to a living space. In 1985, the carport was removed and replaced with a garage which currently exists at the rear of the home.

The third alteration was to the original exterior doors that opened directly onto the rear covered courtyard patio. It is presumed that the original French doors were relocated to be flush with the exterior brick support columns during the 1959 garage conversion. This alteration created an indoor sun room off the living room and an interior corridor along the north wing. Only one minor alteration has affected the exterior appearance, which was the addition of the picture window to the bathroom wall of the garden facing east elevation. This alteration maintains the look, design and feel of the original outdoor wraparound patio,is reversible, and has not compromised the integrity of the original design.

The landscape underwent a major alteration in 1967 when a swimming pool was added where a heritage live oak tree once stood. The alteration took place after the live oak fell over and was removed. The historic brick decking was removed and replaced with the contemporary brick decking that exists today.

The landscape was minorly altered in 1989 when a new swimming pool and spa were installed.

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7.0 SIGNIFICANCE AND ELIGIBILITY
To determine the significance and eligibility of the subject property against established criteria at the national, state, and local level, this report uses National Register Bulletin No. 15 (How to Apply the National Register Criteria for Evaluation) which provides guidance on how to evaluate the significance of historic properties, specifically how to evaluate significance against historic context and how to evaluate the integrity of the property. Although National Register Bulleting No. 15 is focused on evaluating properties for the National Register, the document states its applicability for the state and local level. No such document or guidelines for evaluating properties at the state and local levels exist in the city of San Marino; therefore, National Register Bulletin No. 15 is being employed.

To be listed on the National Register of Historic Places (or other register program), a property must not only be shown to be significant under the National Register (or other register program criteria), but it also must have integrity. Integrity is the ability of a property to convey its significance. Although the San Marino Register does not require an integrity evaluation, based on professional practice, an integrity determination is also needed for local level designations.

The evaluation of integrity must be grounded in an understanding of a property's physical features and how they relate to its significance. Historic properties either retain integrity (this is, convey their significance) or they do not. Within the concept of integrity, the National Register criteria recognize seven aspects or qualities that, in various combinations, define integrity and include: Location; Design; Setting; Materials; Workmanship; Feeling; and Association.

7.1 Significance Statement
The property at 708 Winston Avenue has been found to be historically significant. The house remains in its original location as an estate property in San Marino with its original Monterey Colonial design remaining largely intact with very few alterations. Its well-planned estate setting is notable for being the work of a master architect. The residence exhibits high quality workmanship, evoking the feeling of California’s early history in its revival design, being influenced by architectural design prevalent during the Rancho Period. The architectural style combined with planning that was suitable for the lifestyles of the affluent class gives the property an association with a booming development era in San Marino during the early to middle part of the twentieth century.

7.2 Integrity Analysis
To be listed on the National Register of Historic Places (or other register program), a property must not only be shown to be significant (or meeting other register program criteria), but it also must have integrity.

Integrity is the ability of a property to convey its significance. Although the Glendale Register does not require an integrity evaluation, based on professional practice, an integrity determination is also needed for local level listings.

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The evaluation of integrity must be grounded in an understanding of a property's physical features and how they relate to its significance. Historic properties either retain integrity (this is, convey their significance) or they do not. Within the concept of integrity, the National Register criteria recognize seven aspects or qualities that, in various combinations, define integrity and include:

1. Location

2. Design

3. Setting

4. Materials

5. Workmanship

6. Feeling

7. Association
Based on the evaluations and assessment in this report, the property was found to possess rare and distinctive characteristics of the Monterey Colonial Revival style and to have retained its integrity as a property designed by a master architect. The home remains in its original location, and has been largely unaltered. The home was designed alongside its grounds, which remain lush with dense root systems and heritage oak trees. The materials are original, save for roofing material, which was chosen to resemble the original roof. Alterations are minimal and pay heed to the original design of the home.

The home has an understated and elegant feeling that lends it a unique atmosphere in keeping with the original architect’s design as evaluated against the original blueprints provided by the current owners.

7.3 San Marino Local Historical Landmark Designation

CURRENT MUNCIPAL CODE
This Historic Resource Assessment Report has been prepared to help determine the historic significance and eligibility for “Local Historical Landmark” status of the single-family property at 708 Winston Avenue.

Under Article 12 of the San Marino Municipal Code, “Designation of Historical Landmarks”, the “City Council may designate a building, landmark or other property within the City as a local historical landmark in special recognition of the property’s role during the formation and existence of the City”. Local Historical Landmarks may be designated by the following methods:

A. Petition by an individual or organization with the basis for such designation; B. Council Review of the facts presented and approval or denial of the designation or the proposed building, landmark, or other property as a “Local Historical Landmark”, such approval shall be by resolution based on the findings of the property’s role during the formation and existence of the City;
C. Certification, after Council designation of a “Local Historical Landmark”, the City Clerk shall submit a certified copy of the designation resolution to the State Historical Society, the City Historical Society, and the original petitioner.

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The Report defines a “Local Historical Landmark” in accordance with Article 12 of the Municipal Code as a property deserving special public recognition because it well represents one or more of the important development periods and themes in the City’s history, and is an excellent example of a type of property important in San Marino.

The Property was found to be historically significant when evaluated against its period and theme during San Marino’s important developmental history, “ Estate Home Building” and was found to be eligible as a “Local Historical Landmark” as an excellent example of one of the City’s revival styles. The Property at 708 Winston Avenue well represents a period in local history when it was important to subdivide large lots in a way that would both accommodate single family estates and to provide for landscaped grounds in the fashion of Henry E. Huntington’s home and gardens, as well as other landowners in the preincorporation (1913) period of the City’s development history. Both unique architectural designs and a park-like environment along residential streets were crucial characteristics to the founders of the City and have established the City as a residential estate community.

The home and the grounds were designed together; Coate included the three heritage oak trees in his plans, likely planning around their projected growth and size. Significant structural aspects of the home have been designed around the grounds. The slender pathways which surround the home allow for the root systems, ivy, and greenery to spread and multiply naturally. The single story allows for the oak trees to grow unencumbered, and the permanent gardening sink in the rear courtyard indicates that the maintenance of the landscape setting was important to both the architect and the original owners for whom the home was designed.

The Property is significant for the following two reasons:
1) Formation of the City. The property is one of the best examples of the early revival homes estate homes that defined the formation of the City of San Marino based on the founding principles of community building during City incorporation as set forth by George Patton, Sr, Henry E.

Huntington, and other local land owners. According to the historic blueprints for the home, the property was designed with landscaped grounds, which work in unison with the architectural shape and design of the property.
2) The Existence of the City. As a part of the City’s pre-WWII history, the home exhibits the grand architectural style of the Monterey Colonial Revival and is important in defining the existence of the City of San Marino as a community of estate homes. The home displays the careful attentional to architectural details important to the revival architectural period between the two world wars.

Its low profile with a low pitched hipped roof, and low-to the ground plan set behind lush landscaping, give the home a “landmark” quality in this part of the City.

The combination of the following two determining factors, listed in order of importance, together makes the property deserving of special recognition as playing an important role in the formation of early San Marino’s development history in the period prior to WWII.

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I. The home is an excellent example of Monterey Revival Style Architecture in San Marino.

The home is quoted as being "one of the first examples of a one-story Monterey type.

Despite the corner lot location, the garden is completely private and well integrates with the main rooms of the house." -Pasadena Star News, July 20th, 1952 Notable features include:
a. Shake roof and hand-hewn redwood timbers;
b. Adoblar white washed bricks;
c. Grand courtyard with artful Spanish tile garden sink and fountain; d. Perforated window influenced by "early Mexican dwellings"; e. Georgian style front entry door and sidelights; and
f. Finely crafted colonial style windows, shutters, and hardware; II. The home was designed by distinguished San Marino architect, Roland E. Coate. In the 1920s and 1930s, distinguished architects were often hired to exercise talents in specific residential styles across San Marino. Roland Coate was a prolific architect and is well known for championing the use of Colonial Revival styles for designing estate homes. Coate has many notable examples of Colonial Revival style homes throughout the City of San Marino such as the Heath House located at 2080 Lombardy Road (Regency Style), May’s House at 945 Orlando Road (Mixed style Revival), and the R.H. Ainsworth House at 1910 Lombardy Road (Federal Revival). Coate chose to make not only his livelihood in San Marino, but also his home where he lived for many years before moving to San Diego in his later life.

PROPOSED ORDINANCE
In 2014 the San Marino City Council and staff began discussing a draft for a new Historic Preservation Ordinance that would cater to the citizens of San Marino while implementing Historic Preservation practices that are consistent with The United States Secretary of Interior Standards. As of July 26th, 2017, the Historic Preservation Working Group of San Marino has developed a draft for the new ordinance. One of the most important elements of the new ordinance are the expanded criteria for Historical Landmark eligibility which fall under three categories; Architectural Significance, Contribution to History, and Historic Setting. The proposed criteria and the evaluation of the subject property in relation to each are as follows:

I. Architectural Significance
It represents the work of a master builder, engineer designer, artist or architect whose individual genius influenced his or her era; or it exemplifies a particular architectural style; or it exemplifies the best remaining architectural type of a neighborhood; or it embodies the elements of outstanding attention to architectural or engineering design, material or craftsmanship.

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The property located at 708 Winston Avenue in San Marino meets all areas of the proposed criteria related to Architectural Significance. The home was designed by Roland E. Coate who is a master architect and was responsible for influencing the popularity of Colonial Revival residential architecture in estate and suburban neighborhoods. The property is also one of the earliest examples of the rare one-story Monterey Colonial Revival type. Additionally, the property exhibits excellent design, craftsmanship and use of materials as well as the inclusion of fine architectural details.

II. Contribution to History
It is associated with the lives of persons renowned or important to local, state, or national history; or it is connected with a use that was once common but is now rare; or it is the site of an important historic event or is associated with the events that have made a meaningful contribution to the nation, state or City.

The property meets the criteria of being associated with the life of a person who is renowned in the state’s architectural history and bears significance as a prolific local architect. Roland Coate’s work spans the United States, with his largest body of work being carried out in Southern California, particularly San Marino and the greater Los Angeles area. Coate is considered to be responsible for sparking the surge of architectural Revival style residences that constitute many of the finest neighborhoods in California.

III. Historic Setting
It has distinct and identifiable characteristics representative of a particular historical period, type, style, region, or way of life; or it has a unique location, singular characteristic, or is an established and familiar visual feature of a neighborhood, community or the City.

The property meets this criteria for having distinct and identifiable characteristics representative of a particular historical period (the era of estate development), type (Colonial Revival architecture), style (Monterey Colonial Revival), region (unique to Southern California and influenced by its vernacular architecture), or way of life (for the affluent class).

The criteria listed above is intended to provide the base line for designating Historical Landmarks in the City and constitutes the first part of San Marino’s proposed two-part ordinance. The second part of the proposed San Marino Historic Preservation Ordinance is preventing the loss of significant historic fabric within the City as well as the maintenance of historic resources that have been identified and/or designated. The Mills Act has been incorporated into the second part of the drafted ordinance. The Mills Act is a tax incentive program offered to the owners of qualified historic properties. The property owner and their local government enter in a contract that provides the homeowner with a tax abatement, allowing the homeowner to invest the savings into the restoration, rehabilitation, and maintenance of their historic property. Given the high level of historic integrity that the home at 708 Winston Avenue possesses and its eligibility to be designated as a Local Historical Landmark in the City of San Marino, it would most certainly qualify for the Mills Act Incentive Program.

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Research on the original owners, Mrs. Ruth and Mr. C.G. Fitzgerald, has been included in this report.

Though the home was designed for the Fitzgeralds, and though C.G. Fitzgerald appears to have been a successful engineer working in Los Angeles during the first part of the 20th century, the original owners were not found to be persons of significance in relation to the themes developed to the subject property, nor were they found to be significant to development of San Marino as a City. Though C.G. Fitzgerald appears to have invested heavily in the “oasis” town of Twenty-Nine Palms, his business venture was largely minor and he is not considered to be a founder of the town.

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8.0 CONCLUSION
Based on research and evaluation performed by Arroyo Resources, this report concludes that the property located at 708 Winston Avenue in San Marino, California is eligible for designation as a Local Historical Landmark in the City of San Marino. The property represents the work of master architect, Roland E.

Coate, whose individual genius influenced the era of Monterey Colonial Revival residential architecture in Southern California, especially San Marino. Colonial Revival styles became ubiquitous amongst the elite during this era of development, and both the written and designed works of Coate proved to be prolific in forming the grand historic neighborhoods of Los Angeles as we know them today.

The incorporation of the City of San Marino was based on the desire to have a city free of industrial, retail, and office buildings; and instead filled with beautiful garden estates. The Property is an excellent example of the Monterey Colonial Revival style in San Marino associated with the period and theme in San Marino’s development history under, “Estate Home Building” from 1917 to 1940, one of the most important development periods in the City’s history. According to blueprints for the property, the home was designed to be surrounded by a large heritage tree. The Property well represents the period and theme when it was important to subdivide large lots to not only accommodate grand architectural designs for single family estates, but to provide for landscaped grounds that would create a park-like environment to the City in the fashion of Henry Huntington’s home and gardens as well as other land owners in the preincorporation (1913) period of the City’s development history.

The residence was designed by Coate in 1929 and constructed between 1929 and 1930. The design is influenced by vernacular style and construction methods that were prevalent during the Spanish and Mexican occupation of California, as well as the period of early settlement by New Englanders and immigrants who came to California for venture capital, such as Thomas O. Larkin. Although the design of the home was influenced by California’s vernacular architecture, its stately form and elegant appearance are accomplished by the use of symmetry, New England Colonial details in the windows and doors, and high-quality materials such as redwood, imported Spanish tile, copper, and iron.

According to the original blueprints for the home, the property was designed to sit amongst a landscaped setting. Coate included the three heritage oak trees in his plans, and likely projected their growth and size.

The single story allows for the oak trees to grow unencumbered, and the permanent gardening sink in the rear courtyard indicates that the maintenance of the landscape setting was important to both the architect and the original owners for whom the home was designed. The sink was built as a permanent extension of the structure, and serves as a reminder of the important connection between the landscape and the home.

Monterey Colonial Revival homes are most commonly built as two-story residences, while one-story versions are few and rare. The property remains today as an early and rare example of a single-story Monterey Colonial Revival home. The home is being classified as Monterey Colonial Revival for its use of wood timbers, shake and cladding, adoblar bricks, New England colonial architectural details as well as the integration of Spanish and early California vernacular forms. The blending of early California vernacular construction, New England Colonial details, and heavy use of wood materials are quintessential PAGE 150 of 320
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elements of the Monterey Colonial style. The home has retained its historic integrity, almost in its entirety for more than eighty-five years and stands today as a fine and unique example of the Monterey Colonial Revival style of architecture and is therefore an important historical resource worthy of designation as a Local Historical Landmark in the City of San Marino.

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[1]

SOURCES
Ancestry.com.

Baker, John Milnes A.I.A. (1994). “American House Styles: A Concise Guide.” Bigger, Richard, Kitchen, James D. (1952) “How the Cities Grew: A Century of Municipal Independence and Expansionism in Metropolitan Los Angeles.” Stanford University Press.

Blumenson, John J.-G. (1945). “Identifying American Architecture: A Pictorial Guide to Styles and Terms, 1600-1945.” W.W. Norton & Company, Inc.

California Arts & Architecture Magazine, 1929.

California State Office of Historic Preservation. (1995). “Instructions for Recording Historical Resources.” City of San Marino, Building and Safety Department (building permit records) City of San Marino, Municipal Code
City of San Marino. “General Plan”, 2003
Curry, Nicholas A. (February, 2014). “Casa de Parley Johnson and The Parley Johnson Family.” Dardick, Karen, Levick, Melba (2002). “Estate Gardens of California.” Rizzoli International Publications, Inc, New York, New York.

Harvey, C. (August, 2004). "Chapter III The Monterey Colonial Style" Los Angeles County Office of the Assessor
Los Angeles Public Library, California Index
Los Angeles Public Library, Historical Los Angeles Times Los Angeles Public Library, Historic Photo Collection
Los Angeles Times (1953). “Last Rites Planned for C Grattan Fitzgerald.” McAlester, Virginia (2015). "A Field Guide to American Houses" Michelson, A. (2015). Pacific Coast Architecture Database: "Roland Eli Coate Sr." National Register of Historic Places form.

Online Archive of California.

Pasadena Star News (July 20, 1952). “Outstanding Examples Built Within 50 Years.” Rockett, Helen. “Brief History of San Marino.”
San Marino Building Department.

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[2]
Sanborn Fire Insurance Maps.

U.S. Census
U.S. Department of the Interior, National Park Service, Revised 2002. National Register Bulletin No. 15 How to Apply the National Register Criteria for Evaluation.

Weston, Eugene (May 1935). “Permanent Value of Home Influenced by Architectural Design.” PAGE 153 of 320
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EXHIBIT 1
County Assessor Parcel Map
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1 RESOLUTION NO. R-24-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARINO,

CALIFORNIA, APPROVING A MILLS ACT CONTRACT FOR THE EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 708 WINSTON AVENUE,
ASSESSOR PARCEL NUMBER 5331-008-020, CITY OF SAN MARINO WHEREAS, on April 10, 2024, an application to be considered for a Mills Act Contract was duly filed by Cecelia and Michael Grace (Applicants), for the Property located at 708 Winston Avenue, San Marino, CA, 91108 (the Property),
WHEREAS, the Property is Zoned R-1 Single-Family Residential (Area District V) and WHEREAS, the Property in question is legally described as follows:

LOT 55 AND 56 OF TRACT NO. 9884, IN THE CITY OF SAN MARINO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.

WHEREAS, a public hearing to consider said application was set and held before the Planning Commission on August 28, 2024, at the hour of 6:00 p.m., and relevant testimony, evidence, and comments have been made a part of the record; and WHEREAS, on August 28, 2024, during said public hearing, the Planning Commission deliberated the merits of the Project and motioned to recommend approval of a Mills Act request to the City Council; and
WHEREAS, on October 9, 2024, during said public hearing, the City Council of the City of San Marino deliberated the merits of the project, and motion to approve City Council Resolution No. R 24-27; and
WHEREAS, the proposed project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines, Article 19, Section 15331 (Historical Resource Restoration/Rehabilitation).

NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF SAN MARINO does hereby find, determine and declare:

SECTION 1. All of the above recitals are true and correct and are incorporated herein as part of this decision by this reference.

SECTION 2. Pursuant to the California Environmental Quality Act (“CEQA”) and the City's local CEQA Guidelines, this application is Categorically Exempt from the requirements of CEQA pursuant to CEQA Guidelines Article 19, Section 15331 (Historical Resource Restoration/Rehabilitation).

SECTION 3. The City Council hereby approves the Mills Act contract for 708 Winston Avenue.

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2 CERTIFICATION
The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED on this 9th day of October, 2024.

STEVEN W. HUANG, DDS, MAYOR
ATTEST:

ALISON WALKER

CITY CLERK

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-24-27 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 9th day of October, 2024, and that the same was adopted by the following vote :

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________

ALISON WALKER

CITY CLERK
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3 PAGE 158 of 320
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Recording Request By
City of San Marino
Community Development Department

WHEN RECORDED MAIL TO
NAME City of San Marino
City Clerk
MAILING 2200 Huntington Drive,

ADDRESS
CITY, STATE San Marino, CA 91108

ZIP CODE
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
Notice of Historic Designation
and
Designation Statement for

MILLS ACT CONTRACT
Cecelia and Michael Grace
Name

ATTACHMENTS
Exhibit A: Pursuant to Page 2, Recitals (ii), a legal description of the referenced property is attached hereto as Exhibit A
Exhibit B: Pursuant to California Public Resources Code Section 5029 and Article 18 of Chapter 23 of the San Marino Municipal Code, hereto is attached Exhibit B, a resolution passed and adopted by the San Marino City Council on establishing the referenced property as a San Marino Historic Landmark on behalf of the current owner(s):

Cecelia and Michael Grace
Exhibit C: Pursuant to Page 3, (6) Preservation of Property, Standards and Conditions are attached hereto as Exhibit C and incorporated herein by this reference.

Exhibit D: Secretary of the Interior Standards for Historic Preservation PAGE 165 of 320

CITY OF SAN MARINO

MILLS ACT AGREEMENT

HISTORICAL PROPERTY PRESERVATION CONTRACT
THIS AGREEMENT is made and entered into this by and between the CITY OF SAN MARINO, a municipal corporation (hereinafter referred to as “City”), and Cecelia and Michael Grace (hereinafter referred to as “Owner”).

RECITALS
(i) California Government Code Section 50280, et seq. authorizes cities to enter into contracts with the owners of a qualified historical property to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as property of historical significance; (ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, located at the street address 708 Winston Avenue, San Marino, California, (hereinafter referred to as the ”Historic Property”). A legal description of the Historic Property is attached hereto, marked as Exhibit A and is incorporated herein by this reference; (iii) On October 9, 2024, the City Council of the City of San Marino adopted its Resolution No. R-27-27(attached and incorporated by reference as Exhibit “B”) thereby declaring and designating the Historic Property as a landmark pursuant to the terms and provisions of Section 23.18.05 of the San Marino Municipal Code. (iv) City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Property, and to qualify the Historic Property for an assessment of valuation pursuant to the provisions of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.

NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions contained herein, do hereby agree as follows:

1. EFFECTIVE DATE AND TERM. This Agreement shall be effective and commence on and shall remain in effect for a term of ten (10) years thereafter.

2. AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this Agreement (hereinafter referred to as annual renewal date), one (1) year shall be added automatically to the term of this Agreement, unless timely notice of non-renewal is given as provided in paragraph 3 of this Agreement.

3. NOTICE OF NONRENEWAL. If City or Owner desires in any year not to renew this Agreement, that party shall serve written notice of non-renewal in advance of the annual renewal date of this Agreement as follows: Owner must serve written notice PAGE 166 of 320
of non-renewal at least ninety (90) days prior to the annual renewal date; City must serve written notice of the non-renewal at least sixty (60) days prior to the annual renewal date. Upon receipt by Owner of a notice of non-renewal from the City, Owner may file a written protest with the City. At any time prior to the annual renewal date, City may withdraw its notice of non-renewal.

4. EFFECT OF NOTICE OF NONRENEWAL. If either City or Owner serves timely notice to the other party of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.

5. VALUATION OF PROPERTY. During the term of this Agreement, Owner is entitled to seek assessment of valuation of the Historic Property pursuant to the provisions of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.

6. PRESERVATION OF PROPERTY. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto marked as Exhibit C, and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. In addition, Owner shall comply with the terms of the City’s Historic Preservation Ordinance (San Marino Municipal Code, Chapter 23.18), requiring owner to maintain the Historic Property in a good state of repair and shall obtain any applicable permits to restore the Historic Property to maintain its historic and cultural significance.

7. RESTORATION OF PROPERTY. Owner shall, where necessary, restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation; the United States Secretary of the Interior’s Standards for Rehabilitation; the State Historical Building Code, and the City of San Marino Municipal Code.

8. INSPECTIONS. Owner shall allow for an inspection of the interior and exterior of the Historic Property by the City, prior to a new agreement, and every five years thereafter, to determine Owner’s compliance with the terms and provisions of this Agreement.

9. PROVISION OF INFORMATION. Owner shall furnish the City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement.

10. CANCELLATION. City, following a duly noticed public hearing as set forth in California Government Code Section 50280, et seq., may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of the Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this PAGE 167 of 320
Agreement if it determines Owner has failed to restore or rehabilitate the Historic Property in the manner specified in paragraph 7 of this Agreement. City’s right to cancel this Agreement pursuant to this paragraph shall in no way limit or restrict its rights or legal remedies arising from City’s Historic Preservation Ordinance and Municipal Code.

11. CANCELLATION FEE. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq, described herein. Upon cancellation, Owner shall pay a cancellation fee equal to twelve and one-half percent (12½ %) of the current fair market value of the property as determined by the County Assessor as though the Historic Property were free of the contractual restriction pursuant to this Agreement. The Owner shall pay the cancellation fee to the County Auditor in the time and manner prescribed by the County Auditor.

12. ENFORCEMENT OF AGREEMENT. In lieu of and/or in addition to any provisions to cancel this Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement.

13. WAIVER. City does not waive any claim or default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event there is a breach of this Agreement. No wavier by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

14. BINDING EFFECT OF AGREEMENT. Owner hereby subjects the Historic Property to the covenants, reservations and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property.

Each and every contract, deed or other instrument hereinafter executed, governing or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that it restricts development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historic characteristics and significance of the Historic Property for the benefit of the public and Owner.

PAGE 168 of 320

15. NOTICE. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below, by personal delivery or United States mail, postage prepaid, addressed as follows:

City: City of San Marino
Community Development Department
2200 Huntington Drive
San Marino, CA 91108
Owner: Cecelia and Michael Grace
708 Winston Avenue
San Marino, CA 91108

16. EFFECT OF AGREEMENT. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.

17. INDEMNITY OF CITY. Owner agrees to protect, defend, indemnify, and shall hold City and its elected officials, officers, agents, and employees harmless from liability for claims, loss, proceedings, damages, causes of action, liability, costs or expense, including reasonable attorney’s fees in connection with damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of such Owner or those of Owner’s contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the use, operation and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner’s activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property.

18. BINDING UPON SUCCESSORS. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

19. LEGAL COSTS. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable PAGE 169 of 320
attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

20. SEVERABILITY. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.

21. GOVERNING LAW. This Agreement shall be construed and governed in accordance with the laws of the State of California.

22. EMINENT DOMAIN PROCEDURES. Upon the filing of an action in eminent domain by a public agency for the condemnation of the fee title of any land described herein or of less than fee interest which will present the portion of land condemned or other land or a portion of it which is the subject of this Agreement from being used for any authorized use, or upon the acquisition in lieu of eminent domain by a public agency for a public improvement, the portions of this Agreement by which Owner agrees to preserve and to restrict the use of property described herein shall be null and void upon such filing as to the portion of the land condemned or acquired and to the additional land the use of which for an authorized purpose will be prevented as a result of condemnation or acquisition.

If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned by the condemning agency as to all or a portion of the land subject to this Agreement, the restrictions on the use of the property included in this Agreement shall, without further agreement of the parties, be re-instituted and the terms of this Agreement shall be in full force and effect.

23. RECORDATION. No later than thirty (30) days after the parties execute this Agreement, the Agreement shall be recorded in the Office of the County Recorder of the County of Los Angeles.

24. AMENDMENTS. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

25. NOTICE TO OFFICE OF HISTORIC PRESERVATION. The owner or owner’s agent is required to provide written notice of this agreement to the State Office of Historic Preservation within six months of entering into the contract.

26. The Rehabilitation/Restoration/Maintenance Work Plan for the property is a part of the Mills Act application and has been incorporated into the proposed Mills Act contract and memorializes the obligations of the property owner to rehabilitate, restore, and maintain certain aspects of the property, and the City’s ability to inspect and verify that those obligations are being fulfilled during the term of each agreement.

PAGE 170 of 320
IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above.

CITY OF SAN MARINO BY:

Steven W. Huang, DDS, Mayor
City of San Marino
ATTEST: APPROVED AS TO FORM:

Alison Walker, City Clerk
City of San Marino
Joe Montes, City Attorney
City of San Marino
OWNERS
BY:

Dated _______________
, Owner
Dated _______________
, Owner
Note: City and Owner(s) signatures must be notarized by a Notary Public.

Exhibit A
PAGE 171 of 320
Legal Description
Address 708 Winston Avenue
APN # 5331-008-020
Legal Description
Lots 55 and 56 and the Westerly 12 feet of Lot 92 of Tract No. 9884, in the City of San Marino, County of Los Angeles, State of California, as per map recorded in Book 155 Pages 49 and 50 of Maps, in the office of the County Recorder of said County.

Exhibit B
PAGE 172 of 320
RESOLUTION NO. R-24-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARINO,

CALIFORNIA, APPROVING A MILLS ACT CONTRACT FOR THE EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 708 WINSTON AVENUE, ASSESSOR PARCEL NUMBER 5331-008-020, CITY OF SAN MARINO
WHEREAS, on April 10, 2024, an application to be considered for a Mills Act Contract was duly filed by Cecelia and Michael Grace (Applicants), for the Property located at 708 Winston Avenue, San Marino, CA, 91108 (the Property), WHEREAS, the Property is Zoned R-1 Single-Family Residential (Area District V) and WHEREAS, the Property in question is legally described as follows:

LOT 55 AND 56 OF TRACT NO. 9884, IN THE CITY OF SAN MARINO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.

WHEREAS, a public hearing to consider said application was set and held before the Planning Commission on August 28, 2024, at the hour of 6:00 p.m., and relevant testimony, evidence, and comments have been made a part of the record; and WHEREAS, on August 28, 2024, during said public hearing, the Planning Commission deliberated the merits of the Project and motioned to recommend approval of a Mills Act request to the City Council; and
WHEREAS, on October 9, 2024, during said public hearing, the City Council of the City of San Marino deliberated the merits of the project, and motion to approve City Council Resolution No. R 24-27; and
WHEREAS, the proposed project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines, Article 19, Section 15331 (Historical Resource Restoration/Rehabilitation).

NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF SAN MARINO does hereby find, determine and declare:

SECTION 1. All of the above recitals are true and correct and are incorporated herein as part of this decision by this reference.

SECTION 2. Pursuant to the California Environmental Quality Act (“CEQA”) and the City's local CEQA Guidelines, this application is Categorically Exempt from the requirements of CEQA pursuant to CEQA Guidelines Article 19, Section 15331 (Historical Resource Restoration/Rehabilitation).

PAGE 173 of 320
SECTION 3. The City Council hereby approves the Mills Act contract for 708 Winston Avenue.

CERTIFICATION
The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED on this 9th day of October, 2024.

STEVEN W. HUANG, DDS, MAYOR
ATTEST:

ALISON WALKER

CITY CLERK

EXHIBITS
A. COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS

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-24-27 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 9th day of October, 2024, and that the same was adopted by the following vote :

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________

ALISON WALKER

CITY CLERK
PAGE 174 of 320
1 Exhibit C
Mills Act Contract Conditions

STANDARDS AND CONDITIONS
708 Winston Avenue
During the term of this Agreement, the Historic Property shall be subject to the following conditions:

See Attached Mills Act Application and Work Plan
PAGE 175 of 320
2 Exhibit D
Secretary of the Interior Standards for Historic Preservation Standards for Rehabilitation
The Standards will be applied taking into consideration the economic and technical feasibility of each project.

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations or related new construction will not destroy historic materials, features and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10.New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Rehabilitation as a treatment
When repair and replacement of deteriorated features are necessary; when alterations or additions to the property are planned for a new or continued use; and when its depiction at a particular period of time is not appropriate, Rehabilitation may be considered as a treatment.

PAGE 176 of 320
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Hillary Guirola-Leon, Finance Director
Mark Siegfried, Accounting Manager/Controller
DATE: October 9, 2024
SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO A

METRO-APPROVED AGREEMENT WITH THE CITY OF
PASADENA TO EXCHANGE $1,000,000 OF THE CITY’S
PROPOSITION A LOCAL RETURN FUNDS FOR $750,000
OF THE CITY OF PASADENA’S GENERAL FUND DOLLARS

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government

BACKGROUND
On April 26, 2024, staff presented the proposed operating budget for Fiscal Year 2024-25. The initial proposed budget had a projected operating deficit of about $1.3M. City Council directed staff to review and adjust the proposed budget such that cash reserves would not need to be utilized in order to balance the budget.

On May 31, 2024, the City Council adopted a balanced FY 2024-25 budget. In the adopted budget, staff included $750,000 in revenue projections from the one-time sale of uncommitted Proposition A Local Return Funds. This was a short-term option presented by staff to help balance the budget for FY 2024-

25. Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 177 of 320

DISCUSSION
Each year, the City receives about $340,000 in Proposition A Local Return Funds from Metro. Below is a table showing the planned expenditures for the accumulated Proposition A funding as adopted in the FY 2024-25 budget.

Per Metro guidelines, Proposition A funds must be used exclusively to benefit public transit. Metro guidelines include a timely use of funds provision that requires agencies to expend the funds in a timely manner to avoid lapsing of funds and being returned to Metro.

Due to expenditure restrictions based on eligible uses of Proposition A Funds, the City has not spent all of its funding and has accumulated Proposition A Funds over the years. Due to the pandemic, many of the bus transportation services that use Proposition A Funds had limited spending contributing to the greater accumulation of funds. Staff from the Parks & Public Works, Community Services, and Finance Departments have put together a threeyear plan on possible uses of funds moving forward. However, due to some funds being received during 2020-2022, these funds are subject to lapsing and being returned to Metro by June 2025.

Metro provides an option for agencies to help avoid the lapsing of funds.

Agencies are allowed to use a Metro-Approved Exchange Agreement to exchange uncommitted Proposition A funds for another agency’s General Fund dollars. Since General Fund dollars are less restrictive than Proposition A Funds, General Fund dollars are typically exchanged at a premium. In April 2024, the City of San Marino and the City of Pasadena staff discussed the potential exchange of uncommitted Proposition A funds at the exchange rate of 75 cents on the dollar. On September 23, 2024, the City of Pasadena’s City Council approved an action to enter into a Metro-Approved agreement to exchange $750,000 of Pasadena’s General Fund dollars for $1,000,000 of City of San Marino’s uncommitted Proposition A Local Return Funds.

PAGE 178 of 320

FISCAL IMPACT & PROCUREMENT REVIEW
The exchange of funds is included in the FY 2024-25 adopted budget. The adopted FY 2024-25 budget includes the one-time revenue of $750,000 in the General Fund and expenditures of $1,000,000 in Proposition A Local Return Fund.

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

RECOMMENDATION
Staff recommends the Council authorize the City to enter into a MetroApproved agreement with the City of Pasadena to exchange $1,000,000 of the City’s Proposition A Local Return Funds for $750,000 of the City of Pasadena’s General Fund dollars. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to authorize the City to enter into a Metro-Approved agreement with the City of Pasadena to exchange $1,000,000 of the City’s Proposition A Local Return Funds for $750,000 of the City of Pasadena’s General Fund dollars and authorize the City Manager or his designee to take such further actions necessary to effectuate the agreement.”

ATTACHMENTS

1. Proposition A Fund Exchange Agreement
PAGE 179 of 320
PROPOSITION ‘A’ FUND EXCHANGE AGREEMENT
This Fund Exchange Agreement (“Agreement”) is made and entered into this xxth day of month 2024 (“Effective Date”), by and between the City of Pasadena (“Pasadena”) and the City of San Marino (“San Marino”), with respect to the following facts:

A. Pasadena operates a local transit system and has a need for additional Proposition A Local Return funds (“Proposition A Funds”) to assist in the financing of its transit operations and to provide funds for acquisition of new transit related equipment (“Project”).

B. San Marino has an accumulation of uncommitted Proposition A Funds which could be made available to Pasadena.

C. San Marino is willing to transfer uncommitted Proposition A Funds to Pasadena to assist in the financing of the Project, in exchange for general funds from Pasadena.

NOW THEREFORE, in consideration of the mutual benefits to be derived by the parties and of the premises herein contained, it is mutually agreed as follows:

1. Exchange. The City of San Marino shall transfer One Million Dollars ($1,000,000) of its Fiscal Year 2024-2025 uncommitted Proposition A Local Return funds to the City of Pasadena.

In return, the City of Pasadena shall transfer Seven Hundred Fifty Thousand Dollars ($750,000) in general funds to the City of San Marino.

2. Consideration. The City of San Marino shall transfer the agreed upon Proposition A Local Return funds stated in Section 1 of this Agreement to the City of Pasadena in one (1) lump sum payment no later than November 1, 2024. The City of Pasadena shall transfer the agreed upon general funds stated in Section 1 of this Agreement to the City of San Marino in one (1) lump sum payment no later than November 1, 2024.

3. Term. The term of this Agreement shall begin on the Effective Date and terminate five (5) days after the transfers of funds have been completed pursuant to Section 2 of this Agreement.

4. Termination. Termination of this Agreement may be made by either party prior to the transfer of funds pursuant to Section 2 of this Agreement, so long as written notice of intent to terminate is given to the other party at least five (5) days prior to the termination.

5. Notices. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows:

To City of San Marino:

PAGE 180 of 320
Proposition ‘A’ Fund Exchange Agreement

Philippe Eskandar, City Manager
City of San Marino
2200 Huntington Drive
San Marino, California 91108
To City of Pasadena:

Mr. Miguel Marquez, City Manager
c/o Ms. Valerie Gibson, Transit Manager
100 N. Garfield Avenue
Pasadena, California 91101

6. Assurances.

a. The City of Pasadena shall use the assigned Proposition A Local Return Funds only to assist in the financing of its transit operations and to provide funds for acquisition of new transit related equipment and within the time limits specified in Metropolitan Transportation Authority's Proposition A Local Return Program Guidelines. b. Concurrently with the Execution of this Agreement, the City of Pasadena shall provide the Metropolitan Transportation Authority with the Standard Assurances and Understandings Regarding Receipt and Use of Proposition A Funds specified in the Guidelines regarding the use of the assigned Proposition A Local Return Funds.

7. Entire Agreement. This Agreement constitutes the entire understanding between the parties, with respect to the subject matter herein. This Agreement shall not be amended nor any provisions or breach hereof waived, except in writing signed by the parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Fund Exchange Agreement to be executed by their respective officers, duly authorized, on the day and year written above.

CITY OF PASADENA CITY OF SAN MARINO
By:_______________________________ By:____________________________ City Manager City Manager
Attest: Attest:
__________________________________ __________________________________ Mark Jomsky, City Clerk Alison Walker, City Clerk
PAGE 181 of 320
Proposition ‘A’ Fund Exchange Agreement

Approved as to Form:
__________________________________ ___________________________________ Amanda Cusick, Deputy City Attorney Joseph Montes, City Attorney PAGE 182 of 320
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: October 9, 2024
SUBJECT: FIND THE ELECTRIC VEHICLE CHARGING STATIONS

PROJECT EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA); AWARD A

CONSTRUCTION AGREEMENT TO ABM ELECTRICAL &

LIGHTING SOLUTIONS FOR ELECTRIC VEHICLE
CHARGING STATIONS PROJECT NO. 24-1009 IN THE LOW
BID AMOUNT OF $57,129.00, AND REJECT ALL OTHER
BIDS; AND AUTHORIZE THE PARKS AND PUBLIC WORKS

DIRECTOR/CITY ENGINEER TO APPROVE

CONSTRUCTION CONTINGENCIES IN AN AMOUNT NOT
TO EXCEED $10,000.00

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

BACKGROUND
As part of an overall effort to reduce greenhouse gas emissions, the State of California Air Resources Board (CARB) has passed legislation over the past few years targeted at increasing the overall number of zero-emissions vehicles (ZEV) statewide. This legislation, the Advanced Clean Fleets (ACF) Regulation, also mandates new electric vehicle requirements for government agencies. As such, cities are now required to begin phasing ZEV’s into their municipal fleets, beginning in 2024. The first phase requires a minimum of 50% of all medium and heavy-duty vehicle purchases be ZEV through 2026, and all purchases must be ZEV beginning on January 1, 2027. Alternatively, the milestones Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 183 of 320
option requires cities to replace medium and heavy-duty vehicles in their fleet with ZEV on a percentage basis of their fleet, increasing every 3 years from 10% up to 100% by 2035-2042, depending on the vehicle classification group.

With this in mind, staff has worked over the past year to develop a municipal fleet leasing program with Enterprise, which also provides the ability to lease ZEVs to ensure compliance with State requirements. In order to prepare for the delivery of new ZEVs, it is necessary to install the EV charging stations and associated electrical infrastructure for the stations.

On May 31, 2024, the City Council adopted the Fiscal Year 2024-25 Operating and Capital Improvement Program (CIP) budgets. As part of the CIP budget, the City Council approved the appropriation of $150,000 for Electric Vehicle Charging Stations. Staff recommends installing the first phase of electric vehicle charging stations in the gated employee parking lot/yard at City Hall for fleet vehicle charging only. This will help ensure that the City has the necessary charging infrastructure as it begins acquiring ZEVs to meet State requirements.

DISCUSSION
Staff identified the most suitable location for the installation of the first phase of electric vehicle (EV) charging stations on the east side of the gated employee parking lot/yard at City Hall, near an existing switchgear. This location will enable the charging stations to be wall-mounted, eliminating the need for trenching/excavation and provides space for up to ten (10) EV charging stations. Over the past few months, staff has been working with multiple prospective vendors to compare their respectively branded charging stations and the cost to directly procure and install them from the manufacturer, with the following quotes received:

Vendor Price
ChargePoint $118,355.80
Flo $93,625.00
Siemens $160,065.25
However, following the recent order of six (6) ZEVs from Ford through the Enterprise fleet leasing agreement, the City was notified it is eligible to receive six (6) complimentary Ford Pro AC Charging Stations 80A (Level II) through Ford’s Government Incentive Program. There is no cost for the chargers themselves, which provides the City with a savings of $12,174.00. The City is only responsible for the cost of installation plus electric vehicle charger related costs for charge management software, one-time charger onboarding and extended service plans in the amount of $13,565.70. As such, the savings provided by Ford makes this the most cost-effective option.

PAGE 184 of 320
Consistent with the City’s Municipal Code, staff solicited bids for the installation of six (6), Ford-provided EV charging stations and the associated electrical infrastructure to support the installation of up to four (4) additional EV charging stations in the future. In total, the City received four (4) bid proposals, including an additive bid item for engineering plans and permitting, as shown in the table below:

Contractor Base Bid Plans and
Permitting Total Bid
ABM Electrical &
Lighting Solutions $46,271.00 $10,858.00 $57,129.00
SoCal Electric $68,719.38 -- $68,719.38
ALBD Electric & Cable $71,285.00 $5,000.00 $76,285.00
Amtek Construction $74,966.00 $19,895.00 $94,861.00
ABM Electrical & Lighting Solutions is the apparent lowest, responsive bidder for the project. Staff has confirmed ABM is an appropriately licensed contractor registered with the State of California’s Department of Industrial Relations. As such, they are qualified to perform the work as described. Staff recommends award of a Construction Agreement for the Electric Vehicle Charging Stations Project No. 24-1009 to ABM Electric & Lighting Solutions, in the low bid amount of $57,129.00, plus a $10,000.00 construction contingency. The requested contingency will cover costs due to unforeseen site conditions and change orders for additional work requested by the City.

The total amount for the construction plus the construction contingency is $67,129.00. Once work has commenced, the project is scheduled to be complete within 45 working days.

As CARB’s move toward increasing the overall number of ZEVs statewide continues and ZEV fleet requirements become more stringent, staff recommends installing the six (6) complimentary Ford Pro AC Charging Stations for the vehicles that have been ordered and the associated electrical infrastructure to support the installation of up to four (4) additional charging stations in the future. This approach will save costs long-term, while also ensuring the City has sufficient infrastructure to comply with State requirements.

Moving forward, staff will continue to evaluate the need for additional fleet EV charging stations along with locations for potential public EV charging stations. The City is also working with Southern California Edison (SCE) and the South Coast Air Quality Management District (AQMD) to identify potential funding/grant sources and programs for installation of future EV PAGE 185 of 320
charging stations as current lead times to participate in their programs are up to 18-24 months as they have been fraught with delay due to supplychain issues and overwhelming demand by cities for the electrical infrastructure necessary to comply with State requirements.

CEQA REVIEW
In accordance with the California Environmental Quality Act (CEQA), the installation of EV chargers in an existing parking lot is categorically exempt pursuant to CEQA Guidelines Section 15301, Class 1 (Existing Facilities) because the project involves minor alteration with negligible or no expansion of the existing or former use. Staff will prepare a Notice of Exemption for the project should it be approved.

FISCAL IMPACT & PROCUREMENT REVIEW
Staff estimates the project’s overall cost, combining the construction cost, electric vehicle charger related costs and project contingency would be $80,694.70. See breakdown below.

Item Cost
Construction Contract (ABM) $57,129.00
Construction Contingency $10,000.00
Charge Management Software, OneTime Charger Onboarding & Extended Service Plan (Ford)
$13,565.70
Total Project Cost $80,694.70
The City’s adopted FY 2024-25 budget includes an appropriation of $150,000 in Account #394-40-4600-1009 for Electric Vehicle Charging Stations in the Capital Improvement Program budget. Therefore, there is sufficient funding available for this project.

The Finance Director has reviewed this staff report for compliance with San Marino City Code §02.06.05.

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

RECOMMENDATION
Staff recommends the City Council 1.) find the project categorically exempt under the California Environmental Quality Act (CEQA) pursuant to Section PAGE 186 of 320
15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities exemption), 2.) award a Construction Agreement to ABM Electrical & Lighting Solutions, 3.) authorize the Parks and Public Works Director/City Engineer to approve contract change orders and other contingencies in an amount not to exceed $11,425.80. If the Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to 1.) find the Electric Vehicle Charger Installation Project exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities exemption), 2.) award a Construction Agreement to ABM Electrical & Lighting Solutions, for the Electric Vehicle Charging Station Project No. 24-1009 in the amount of $57,129.00, and reject all other bids, and 3.) authorize the Parks and Public Works Director/City Engineer to approve contract change orders and other contingencies in an amount not to exceed $10,000.00.”

ATTACHMENTS

1. EV Charging Station Quote

2. EV Charging Stations CIP Form

3. Draft Minor Construction Agreement
PAGE 187 of 320
ABM Electrical & Lighting Solutions
14201 Franklin Ave
Tustin, CA 92780
Office: (949) 888-2340
Fax: (949) 888-2350
LIC # 967676
www.abm.com NYSE Symbol: ABM
September 27, 2024
City of San Marino
c/o City of San Marino
2200 Huntington Dr.

San Marino, CA 91108
Attn: Amber Shah
Re: EV Charger Installation (Customer Supplied Ford Chargers) Scope of Work
➢ Provide and install infrastructure for ten (10) wall mounted EV chargers including lot feeder conduit and wire for transformer, panel and chargers. Rigid conduit to be surface mounted on wall, no excavation.
➢ Provide and install one (1) new 400amp main breaker
➢ Provide and install one (1) new 400amp 120/208 panel
➢ Provide and install six (6) new 60amp 2 Pole breakers + four (4) new 40amp 2 Pole breakers
➢ Install six (6) owner-provided Ford electric vehicle chargers with cord/cable management
➢ systems. (Junction boxes to be installed for four (4) additional chargers in the future.) ➢ Terminate wire, test, activate, and provide onsite commissioning for the EV charging stations.
➢ Provide and install ten (10) protective bollards
➢ Activate/Commission/program new EV chargers to customer specifications.

Notes:
• Work to be completed 1st shift prevailing wage, Los Angeles County • Make all final connections between electrical panels and Chargers • Existing electrical infrastructure repairs and upgrades excluded • This pricing includes single line drawings, wet stamped plans, and permitting labor. Permitting fees to be at “No Cost” per city.

Project cost $46,271.00
Wet stamped plan set for permitting $10,858.00
Total Project Cost $57,129.00

TERMS AND CONDITIONS

1. Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop the equipment as necessary to perform required services. All planned work under this Agreement will be performed during Contractor’s normal working hours.

2. Contractor warrants that the workmanship hereunder shall be free from defects for one (1) year from date of installation. If any replacement part or item of equipment proves defective, Contractor will extend to Customer the benefits of any warranty Contractor has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced PAGE 188 of 320
ABM Electrical & Lighting Solutions
14201 Franklin Ave
Tustin, CA 92780
Office: (949) 888-2340
Fax: (949) 888-2350
LIC # 967676
www.abm.com NYSE Symbol: ABM
under a manufacturer’s warranty will be at Customer’s expense and at the rates then in effect. Please see item 15 for further detail.

3. Customer will promptly pay invoices within twenty-five (25) days of receipt. Should a payment become thirty (30) days or more delinquent, Contractor may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately upon demand.

4. Customer shall be responsible for all taxes applicable to the services and/or materials hereunder.

5. INSURANCE: ABMELS provides the following insurance programs covering our work to be performed under this contract.

Commercial General Liability $2M Each Occurrence
Automobile Liability $5M Combined Single Limit
Workers’ Compensation Statutory
Employers’ Liability $1M Each Accident, Disease Each Employee, Disease Policy Limit Professional Liability $5M Each Claim
Customer shall be named as an additional insured under the Commercial General Liability and Automobile Liability policies to the extent of the negligence of ABMELS arising out of its operations. If customer requires other entities to be specified as additional insured, they must be listed here:
______________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ __________________________________________________________ Certificates evidencing the above policies shall be provided to customer.

6. Any alteration to, or deviation from, this Agreement involving extra work, cost of material or labor will become an extra charge (fixed-price amount or on a time-and-material basis at Contractor’s rates then in effect) over the sum stated in this Agreement.

7. In the event Contractor must commence legal action in order to recover any amount payable under this Agreement, Customer shall pay Contractor all court costs and attorneys’ fees incurred by Contractor.

8. Any legal action against the Contractor relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date of the work.

9. Contractor shall not be liable for any delay, loss, damage, or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by Contractor’s employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control.

10. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Contractor, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the performance of work hereunder, provided that such claim, damage, loss or expense is caused in whole or in part by any active or passive act or omission of Customer, anyone directly or indirectly employed by Customer, or anyone for whose acts Customer may be liable, regardless of whether it is caused in part by the negligence of Contractor.

11. Customer shall make available to Contractor’s personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA’s Hazard Communication Standard Regulations.

12. Contractor’s obligation under this proposal; and any subsequent contract does not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event such substances, wastes, or materials are encountered, Contractor’s sole obligation will be to notify the Owner of their existence.

Contractor shall have the right thereafter to suspend its work until such substances, wastes, or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted.

13. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE),

EQUITY OR OTHERWISE, WILL CONTRACTOR BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, PAGE 189 of 320
ABM Electrical & Lighting Solutions
14201 Franklin Ave
Tustin, CA 92780
Office: (949) 888-2340
Fax: (949) 888-2350
LIC # 967676
www.abm.com NYSE Symbol: ABM
INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER’S TENANTS OR CLIENTS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

14. CA Title 24 (State of California): Title 24 Compliance engineering and certification fees are excluded unless otherwise noted in the proposal. If customer and/or municipality requires Title 24 Compliance certification then these fees will be confirmed and a formal proposal will be provided.

15. Note Regarding Replacement Labor on Defective Fixtures: The one (1) year labor warranty, noted in item #2, applies only to workmanship for any electrical, fixture installation and/or retrofitting work performed by ABM Electrical & Lighting Solutions (ABMELS). For any fixtures and/or components installed by ABMELS a 90-day labor installation service will be in effect regardless of the manufacturer’s warranty. The free labor replacement service includes fixtures requiring up to a standard boom truck (45’ working height) but excludes the cost of any and all other types of lift equipment that is required to access the fixture(s). Please note item #2 regarding material warranties. All subsequent fixture replacements after the 90-day labor service period will be completed at our discounted lighting service rate. ABMELS will provide assistance upon request in procuring replacement fixtures/components in situations where ABMELS did not provide the original materials. This service will be provided on a T&M basis at our discounted lighting service rate.

Prepared by,
Nate Piorek
Sales Executive
___________________________________ ______________________ Signature/Customer Approval to Proceed Date

PAGE 190 of 320

CITY OF SAN MARINO
FY 202-202CAPITAL BUDGET REQUEST
Capital Request Name:

Capital Request
Description (Summary):

Location:

Proposing Department Contact Person Expense Type
Estimated Total
Cost
Capital Request
Labor Source
Multi-Year Funding Cycle
FY

FY

FY

FY

FY
202/202

Estimated
Total
SOURCE
Source Key: CE (Capital Equipment), CC (Capital Construction), D (Donations), PC (Prop C), MR (Measure R)00 0HDVXUH0
,
GT (Gas Tax), TDA (Transportation Development Act), PA (Prop A), MW (Measure W), &236 &236*UDQW
O (Other)
Photo of Equipment and/or Map Showing Project Location
Electric Vehicle Charging Stations
Procurement and installation of electric vehicle charging stations for the use of residents, patrons of City facilities, and City staff.

Citywide
Public Works Amber Shah Civic Facilities
$ 150,000 New Request
Contractor
$ 150,000 $ 0 $ 100,000 $ 0 $ 100,000 $ 350,000
CC $ 150,000 CC CC $ 100,000 CC CC $ 100,000 CC $ 350,000 $ 0
$ 0
$ 0
$ 0
PAGE 191 of 320

CITY OF SAN MARINO
FY 202-202 CAPITAL BUDGET REQUEST
Request Description and Justification
(Provide a description of your request that includes a justification describing the benefit of the expenditure to the department/City) Financial Summary Section
Estimated Costs Amount Funding Source(s) Amount
Acquisition Capital Construction (394)
Plans/Specs/Engineering Capital Equipment (591)
Construction Donations (281)
Contingencies General Fund (101)
General Fund Costs* Other:

Other: Total
Total
*Ongoing Costs to General Fund (Provide cost and detail) General Fund Cost
What Fiscal Year
Description of General Fund Costs
With the increase in availability of plug-in hybrid and pure electric passenger vehicles, as well as upcoming legislation pertaining to these vehicles, providing charging stations would provide benefit to patrons visiting Lacy Park, the Crowell Public Library, San Marino Center, and City Hall. Given that the City will be required by the State to purchase zero-emissions vehicles (ZEV) in the future, having the infrastructure already in place to charge the vehicles would be advantageous to move towards the fleet electrification requirements. The first potential location identified by staff is at the City Hall campus. Given the location of existing power sources, charging stations could be installed in both the public parking lot as well as the staff parking lot. This would enable members of the public to utilize the stations as well as City staff as the City begins incorporating more electric vehicles into its fleet. After the completion of the installation at this location, staff will assess other potential public locations to include for future years.

Cost estimates for the project are roughly $150,000 as it would include the installation of the charging stations as well as any necessary electrical upgrades and software implementation. Staff will explore other potential funding sources and opportunities to potentially lessen the overall financial impact to the City, $ 80,000 $ 150,000
$ 40,000
$ 20,000
$ 10,000 $ 150,000
$ 150,000
FY 24-25
After installation, there are ongoing costs associated with the charging stations software/maintenance that will be included in the Public Works operating budget. Staff will work with the charging station provider to determine the amount of recurring costs, which would not begin until FY 25-26.

Software
PAGE 192 of 320

AGREEMENT FOR
MINOR CONSTRUCTION SERVICES Between

THE CITY OF SAN MARINO,
a municipal corporation
and
ABM Electrical & Lighting Solutions,
a California corporation
Dated: October 9, 2024
PAGE 193 of 320
1 AGREEMENT FOR

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

SECTION 1. SCOPE OF SERVICES

1.1 Identification of Contractor
Name: ABM Electrical & Lighting Solutions
Address: 14201 Franklin Ave
Tustin, CA 92780
License Numbers: LIC #967676

1.2 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for 45 working days from the date set forth in the Notice to Proceed for the project.

1.3 Description of Contractor’s Services. Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those maintenance / minor construction services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“Services”).

Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and Contractors at all reasonable times.

1.4 Performance of Services. Contractor represents that it possesses the requisite training, licenses and permits necessary to perform the Services, and that its performance of the Services shall conform to the standard of practice of a professional PAGE 194 of 320
2 having specific experience and expertise in professional services of like nature and complexity of the Services.

1.5 Compensation for Contractor’s Services.

Compensation for the Services shall be:

Time and Materials, per schedule of rates included in Exhibit C with a guaranteed not to exceed price of $57,129.00.

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

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

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

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

PAGE 195 of 320
3 1.10 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

1.11 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

SECTION 2. COMPENSATION AND METHOD OF PAYMENT

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

9.19 [Administration and Implementation].

2.2 Payment of Compensation. Contractor shall submit monthly invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment PAGE 196 of 320
4 to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.

SECTION 3. RESPONSIBILITIES OF CONTRACTOR

3.1 Control and Payment of Subordinates; Independent Contractor.

Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control.

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

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

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

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

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

PAGE 197 of 320
5 3.6 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.7 Department of Industrial Relations Registration Contractor shall register with the California Department of Industrial Relations and shall comply with all specified requirements for electricians:

3.8 Prevailing Wage Laws. Contractor acknowledges and agrees to abide by the provisions of California Labor Code Section 1720, et seq., as well as 1771, 1773, 1773.1, 1773,2 1773.6, 1773.7, 1774, 1775, 1776, and 1777, pertaining to the obligation to pay the prevailing wages with respect to the performance of the work (“Prevailing Wage Laws”). Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

SECTION 4. INDEMNIFICATION

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

4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, PAGE 198 of 320
6 recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.

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

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

PAGE 199 of 320
7 SECTION 5. RECORDS AND AUDIT

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

SECTION 6. INSURANCE

6.1 Maintenance of Insurance. Without limiting Contractor’s indemnification of Agency, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described in Exhibit “F” [Insurance] and in a form satisfactory to Agency.

6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

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

SECTION 7. BONDS

7.1 Performance and Payment Bonds. Within the time period set forth in the contract documents and prior to commencing the work on the project, the contractor shall file with the Agency good and sufficient labor and material payment bond and performance bond in the amount of one hundred percent (100%) of the contract sum covering performance of the work other than the professional design services portion of the work.

The performance bond and payment bond shall be in the form required by the contract documents. The amounts of the payment bond and performance bond shall be increased as, when and in the amount of any change orders that are executed increasing the contract sum, the contractor shall, upon request by the Agency, provide evidence of such increases. Should the payment bond or performance bond or any surety on such bond become or be determined by the Agency to be insufficient, it shall be replaced within ten days by a bond that fully complies with the requirements of this paragraph. No further PAGE 200 of 320
8 payments to the contractor for the work performed shall be made or due until the contractor has fully complied with the requirements of this paragraph.

7.2 Duration. The payment bond shall remain in effect until acceptance of the work and payment of all stop notices and claims by the contractor or the subcontractors, of any tier, have been satisfied. The performance bond shall remain in effect and assure faithful performance of all the contractor’s obligations under the contract documents, including, without limitation, all obligations that survive final completion or termination, such as, but not limited to, the contractor’s warranty, commissioning, and indemnity obligations.

7.3 Surety Qualifications. At the time the contract is signed and at all times thereafter until final payment has been made by the Agency, the surety on the payment and performance bond shall be an admitted surety and the surety on the performance bond shall be licensed in the State of California and in good standing with the California Department of Insurance

7.4 Premiums. The premiums for all bonds are included in the contract sum and shall be paid by the contractor. It is California law that the premium (cost) of the bond should appear in the right-hand corner of the original bond, so the obligee knows the true cost of the bond.

7.5 Obligee. The payment bond and performance bond shall each name the Agency as obligee. This can be a requirement if the Agency is paying for the subcontract bonds, which is usually not the case.

7.6 No exoneration. Changes, change orders, unilateral change orders, field orders, modifications and adjustments to the contract sum or contract time shall in no way release or exonerate the contractor or its surety from their obligations, and notice thereof shall be waived by the surety. The foregoing provision shall be included in the terms of the payment bond, performance bond and any bonds obtained by the subcontractors.

7.7 Communications. The Agency shall have the right to communicate with the contractor’s sureties with respect to matters that are related to the contractor’s performance of its obligations under the contract documents. The contractor shall be provided with a copy of all such written communications. Such communications shall not create, or be interpreted as creating, any contractual relationship between the Agency and the surety. The name, address and phone number of the surety contact should be required in the bond; this makes communication easier for the obligee and to know how to submit a claim.

7.8 No limitation. The requirements shall be without limitation to any other obligations the contractor may have under applicable law to provide bonding for the benefit of and to assure payment to the subcontractors or subconsultants performing the work for the project.

SECTION 8. TERMINATION
PAGE 201 of 320
9 8.1 Termination and Suspension. City may, with or without cause, direct Contractor to suspend, delay or interrupt Services, in whole or in part, for such periods of time as City may determine in its sole discretion. City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Contractor commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of City’s written notice to Contractor demanding such cure, in which case Contractor shall be liable to City for all loss, cost, expense, damage and liability resulting from such breach and termination.

City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever City determines that such termination is in City’s best interests. Additionally, Contractor may terminate this Agreement at any time and without cause or penalty upon thirty (30) days’ prior written notice to City. In the event this Agreement is terminated for any reason, Contractor shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. Contractor shall continue its work throughout the course of any dispute, and Contractor’s failure to continue work during a dispute shall be a material breach of this Purchase Order.

SECTION 9. GENERAL PROVISIONS

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

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

9.3 Conflict of Interest. Contractor represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement.

Without limitation, Contractor represents to and agrees with City that Contractor has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing City services hereunder, including but not limited to, any interest (financial, shared ownership, shared management, shared directors, or reporting responsibilities) Contractor may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, Contractors, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

9.4 Confidentiality. Any information, whether proprietary or not, made known to or discovered by Contractor during the performance of or in connection with this Agreement for City, will be kept confidential and not be disclosed to any other person.

Contractor will immediately notify City in writing if it is requested to disclose any information made known to or discovered by Contractor during the performance of or in PAGE 202 of 320
10 connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to City hereunder.

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

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

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

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

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

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

PAGE 203 of 320
11 9.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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

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

9.15 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.

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

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

9.18 Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative.

The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 9.10 [Amendment] and the City Manager’s contracting authority under the City’s Municipal Code.

9.19 Force Majeure. Notwithstanding any provision of this Agreement to the contrary, City and Contractor each agree that the other party hereto shall not be liable for such party’s failure to perform its respective obligations under this Agreement if such failure is due to any fire, act of God, strike, civil disturbance, acts of public authorities, epidemics/pandemics or cause beyond such party’s reasonable control; provided however that such party invoking this section shall notify the other party within ten (10) PAGE 204 of 320
12 days of the commencement of the force majeure event. Lack of funds shall not be deemed a cause beyond either party’s control.

9.20 Limitation on Damages. Except as may be owed to a third party under a Party’s indemnification obligations, neither Party shall be liable one to the other whether under contract, statute, tort (including negligence) or otherwise, for any indirect, exemplary, unforeseeable, loss of profits, loss of use, punitive or consequential, incidental, or special damages, even if that Party is notified in advance of such possibility, regardless of the form of the claim or action.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF San Marino
Philippe Eskandar
City Manager
ATTEST:

Alison Walker, City Clerk
APPROVED AS TO FORM:

Joe Montes, City Attorney
“CONTRACTOR”
ABM Electrical & Lighting Supply
By:

Name:

Title:

By:

Name:

Title:

PAGE 205 of 320
EXHIBIT “A” SCOPE

OF SERVICES
See following page
PAGE 206 of 320
ABM Electrical & Lighting Solutions
14201 Franklin Ave
Tustin, CA 92780
Office: (949) 888-2340
Fax: (949) 888-2350
LIC # 967676
www.abm.com NYSE Symbol: ABM
September 27, 2024
City of San Marino
c/o City of San Marino
2200 Huntington Dr.

San Marino, CA 91108
Attn: Amber Shah
Re: EV Charger Installation (Customer Supplied Ford Chargers) Scope of Work
➢ Provide and install infrastructure for ten (10) wall mounted EV chargers including lot feeder conduit and wire for transformer, panel and chargers. Rigid conduit to be surface mounted on wall, no excavation.
➢ Provide and install one (1) new 400amp main breaker
➢ Provide and install one (1) new 400amp 120/208 panel
➢ Provide and install six (6) new 60amp 2 Pole breakers + four (4) new 40amp 2 Pole breakers
➢ Install six (6) owner-provided Ford electric vehicle chargers with cord/cable management
➢ systems. (Junction boxes to be installed for four (4) additional chargers in the future.) ➢ Terminate wire, test, activate, and provide onsite commissioning for the EV charging stations.
➢ Provide and install ten (10) protective bollards
➢ Activate/Commission/program new EV chargers to customer specifications.

Notes:
• Work to be completed 1st shift prevailing wage, Los Angeles County • Make all final connections between electrical panels and Chargers • Existing electrical infrastructure repairs and upgrades excluded • This pricing includes single line drawings, wet stamped plans, and permitting labor. Permitting fees to be at “No Cost” per city.

Project cost $46,271.00
Wet stamped plan set for permitting $10,858.00
Total Project Cost $57,129.00

TERMS AND CONDITIONS

1. Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop the equipment as necessary to perform required services. All planned work under this Agreement will be performed during Contractor’s normal working hours.

2. Contractor warrants that the workmanship hereunder shall be free from defects for one (1) year from date of installation. If any replacement part or item of equipment proves defective, Contractor will extend to Customer the benefits of any warranty Contractor has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced PAGE 207 of 320
EXHIBIT “B”

SCHEDULE OF PERFORMANCE
PAGE 208 of 320
EXHIBIT “C”

COMPENSATION
Contract price not-to-exceed $57,129.00, per the attachment to Exhibit A PAGE 209 of 320
EXHIBIT “D”

REPRESENTATIVES
CITY’S REPRESENTATIVE
City of San Marino
Parks and Public Works Department
Attn: Public Works Director
2200 Huntington Drive
San Marino, CA 91108
CONTRACTOR’S REPRESENTATIVE
ABM Electrical & Lighting Supply
Attn: Nate Piorek
14201 Franklin Ave
Tustin, CA 92870
PAGE 210 of 320
EXHIBIT “E”

BONDS REQUIRED
• Contractor shall provide the following bonds: Payment bond in a sum equal to the contract price. Bond shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California PAGE 211 of 320
EXHIBIT “F”

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

Coverage shall be at least as broad as:

Commercial General Liability (CGL)Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $5,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $5,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability
Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. .

Workers’ Compensation
Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor may satisfy the Workers' Compensation requirement with a state approved self-insured program.

Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.

Umbrella or excess liability insurance.

Contractor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; • “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies. Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. PAGE 212 of 320 Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Installation floater. If required by the Agency or not covered by builders’ risk (course of construction) coverage, Contractor shall obtain an installation floater for the value of the property and covering the portion of the work to be constructed, installed, altered, or repaired by Contractor. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery, and equipment used in or incidental to the construction project as well as property kept off-site or while in transit. Coverage must include property of others in the Contractor’s care, custody, or control. In addition to Contractor, the Agency and all subcontractors shall be named as additional insureds on the policy with coverage extending through the final completion date.

Proof of insurance.

Contractor shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter.

In the event of a claim, Agency reserves the right to require complete, certified copies of all required insurance policies.

Duration of coverage.

Contractor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Contractor, their agents, representatives, employees, or subconsultants. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. Agency and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing.

Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of Agency before the Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Products/completed operations coverage.

Products liability coverage shall extend for a minimum of three years (3) after project completion, and completed operations coverage for construction agreements shall extend for 10 years from the date of substantial completion of the project or the statute of repose, whichever is longer. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured.

Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The Agency, its PAGE 213 of 320
employees, shall be included as additional insureds under the Products and Completed Operations coverage.

Agency’s rights of enforcement.

In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Contractor or Agency will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Agency may cancel this Agreement.

Acceptable insurers.

All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

Waiver of subrogation.

All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel).

Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.

Requirements not limiting.

Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Notice of cancellation.

Contractor agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the Agency immediately in the event of Contractor’s failure PAGE 214 of 320 to renew any of the required insurance coverages, or insurer’s cancellation or nonrenewal.

Additional insured status.

General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations.

None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

Separation of insureds.

A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause.

Contractor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Contractor (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Contractor shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Contractor, but in all other terms consistent with the Contractor’s requirements under this agreement. This provision does not relieve the Contractor of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Contractor under this agreement given the limited scope of work or services provided by the subcontractor. Contractor agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to Agency for review.

Agency’s right to revise requirements.

The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Agency and Contractor may renegotiate Contractor’s compensation.

Self-insured retentions.

Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim PAGE 215 of 320 administration, and defense expenses within the retention through confirmation from the underwriter.

Timely notice of claims.

Contractor shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance.

Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

PAGE 216 of 320
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
DATE: October 9, 2024
SUBJECT: APPROVAL OF CONTRACT RENEWAL WITH HINDERLITER,

DE LLAMAS AND ASSOCIATES TO PROVIDE BUSINESS
LICENSE SOFTWARE SERVICES THROUGH NOVEMBER 11,
2027

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

BACKGROUND
On November 11, 2020, the City Manager signed a Professional Services Agreement (PSA) with Hinderliter, De Llamas & Associates (HdL) in order to provide business license software services for the City. On November 11, 2022, the City Council approved Amendment No. 1 to the agreement, extending the contract through November 11, 2024, with a total amount not to exceed $23,045. The City requires all businesses operating within its jurisdiction, regardless of trade, profession, occupation, or location inside or outside City boundaries, to obtain a business license. Currently, the City manages approximately 3,265 active business licenses, including renewals.

DISCUSSION
The PSA with HdL expires on November 11, 2024. A renewal of the agreement is requested to allow HdL to continue supporting the Community Development Department staff in the issuance and administration of business licenses. Staff is requesting that the PSA with HdL be for the amount not to exceed $47,667 total for a term to expire on November 11, 2027. This cap reflects the Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 217 of 320
projected volume of work, inflation, and fee increases. The extension will allow HdL to continue to provide business license software support to the Community Development Department to manage the approximately 3,265 current active business licenses. The business license software services agreement will continue to assist the City in the following manner:
• Store, print, and process all business license records, including annual licenses as well as those issued on a daily, monthly, quarterly, or semiannual basis. • Process approximately 3,265 business license applications and renewals each year.
• Serve as a resource for business license customers, addressing inquiries and providing support.
• Process business license payments and issue certificates. • Manage online business license applications and renewals. • Enable easy data entry of business license information, calculate fees based on business type and rate tables, and print licenses. • Track unrenewed licenses and send renewal notices.
• Allow staff to track and send notices for delinquent licenses. • Generate journal entries for business license payments to be entered into accounting records.
• Maintain the history of business licenses for both active and closed businesses.
• Provide audit tools for cross-checking against other datasets such as property and sales tax records.
• Offer a variety of reports based on business name, type, and mandatory submissions to the Franchise Tax Board.

FISCAL IMPACT & PROCUREMENT REVIEW
The City and Consultant desire to renew the agreement to include an additional three years of service from November 11, 2024, through November 11, 2027. A budget amendment to the FY 2024-25 operating budget is not required as the City Council approved an appropriation of $15,246 in Community Development Department account 101-14-4150-0500 for the service. The remaining balance of $32,420.38 will be considered through the FY 2025-2026 and FY 2026-2027 Adopted Budget review process.

Procurement review is not applicable.

PAGE 218 of 320

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

RECOMMENDATION
Staff recommends the Council approve the contract and authorize the City Manager to execute the agreement. If Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the contract renewal with HdL, which will extend the agreement for a term to expire on November 11, 2027, for their continued business license software services, and authorize the City Manager to execute the agreement.”

ATTACHMENTS

1. Professional Services Agreement with HdL

2. Scope of Work and Fee Schedule
PAGE 219 of 320
1 of 14

PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
Hinderliter, De Llamas & Associates
120 S. State College Blvd. #200
Brea, CA 92821
This Professional Service Agreement (“the Agreement”) is made as of November 11, 2024 (the “Effective Date”), by and between Hinderliter, De Llamas & Associates (“Consultant”), and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).

PAGE 220 of 320
2 of 14

RECITALS
A. City desires certain professional services as specified in this Agreement.

B. Consultant represents that it is qualified and able to provide City with such services.

NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (“Services”) set forth in the attached Exhibit A.

1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.

1.4. Consultant shall not be compensated for any work performed unless it is specified in Exhibit A or City authorizes such work in advance and in writing. Any work so authorized by City shall become part of the Services for purposes of this Agreement.

2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through November 11, 2027 unless sooner terminated as provided in Section

5.0 of this Agreement.

3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $47,667. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing. Pursuant to Section 02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services of greater than thirty-thousand dollars ($30,000.00).

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end PAGE 221 of 320
3 of 14
of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice.

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

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

5.0 Termination

5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least thirty (4530) calendar days before the termination is to be effective.

5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (4530) days after Consultant has given City notice of such default.

5.3. Upon termination of this Agreement, Consultant shall cease all work under this Agreement and deliver to City all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. City shall pay Consultant for all services satisfactorily rendered through the last working day this Agreement is in effect; provided that in no event, including but not limited to termination, shall Consultant be entitled to receive more than the maximum compensation set forth in Section 3. Neither party shall have any other claim against the other party by reason of termination pursuant to this Section 5.0.

6.0 Reports, Information, and Work Product

6.1. Consultant shall deliver to City: (1) any reports on the status of the Services upon City’s request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City’s request and/or upon the expiration or termination of this Agreement.

6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final PAGE 222 of 320
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payment being made. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.

6.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose.

Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions.

Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product produced under this Agreement. If any use by city of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement.

6.3.6.4. If access to any software which Consultant owns is provided to City as part of this Agreement (including, without limitation, if City chooses to subscribe to such software and reports option as part of the Services) (such Consultant-owned software is, collectively, the “Software”), Consultant hereby provides a limited, nonexclusive, non-transferable license to City for the use by such of City’s staff as may be designated from time to time by City and approved by Consultant in writing to use the Software pursuant to and during the Term of this Agreement. The Software must only be used by such authorized City staff, and City must not sublicense, sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software. The license granted hereunder does not imply ownership by City or any of City’s staff of the Software nor any rights of City or any of City’s staff to sublicense, transfer or sell the Software, or rights to use the Software for the benefit of others. City may not create (or allow the creation of) any derivative work or product based on or derived from the Software or documentation, nor modify (or allow the modification of) the Software or documentation without the prior written consent of Consultant. In the event of a breach of this provision (and without limiting Consultant’s remedies), such modification, derivative work or product based on the Software or documentation is hereby deemed assigned to Consultant. Upon termination of this Agreement or this Software license, this Software license will be deemed to have expired and City access to Software will be immediately removed. City must PAGE 223 of 320
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immediately cease using and remove, delete and destroy all Software materials which may exist on City’s computers and network. Consultant warrants that the Software will perform in accordance with the Software’s documentation.

6.4.6.5. Consultant’s obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.

7.0 Party Representatives

7.1. City’s representative for purposes of this Agreement is the City Manager or the person designated in writing by the City Manager. The City Manager’s designee may exercise the authority of the City Manager provided in this Agreement excepting approval of any expenditure that would exceed a total compensation allowed under the Agreement.

7.2. Robert Gray is Consultant’s representative for purposes of this Agreement.

8.0 Notices

8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager
To Consultant: Hinderliter, De Llamas & Associates
120 S. State College Blvd. #200
Brea, CA 92821
Attn: Robert Gray

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

9.0 Independent Consultant

9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall PAGE 224 of 320
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be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

9.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section

9.2 shall survive termination of this Agreement.

9.3. In the event that Consultant provides any of the Services by or through any employee or any person whose work under this Agreement becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, Consultant shall be solely responsible for all such payments or contributions.

Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s failure to make any such payment or contribution. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section

9.3 shall survive termination of this Agreement.

10.0 Subcontractors
Unless otherwise specified in Exhibit A, no portion of this Agreement shall be subcontracted without the prior written approval of the City Manager. Consultant is fully responsible to City for the performance of any and all subcontractors, if any.

11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City Manager. Any purported assignment without such consent shall be void and without effect.

12.0 Insurance

12.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements, including but not limited to additional insured endorsements, effecting coverage required by this Agreement on forms satisfactory to PAGE 225 of 320
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City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City, if requested. All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

12.2. General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

12.3 Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

12.4 Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

12.5 Cyber security and privacy liability/ Cyber technology errors and omissions. Consultant shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate.

If coverage is maintained on a claims-made basis, consultant shall maintain such coverage for an additional three (3) years following termination of the contract.

Other provisions or requirements

12.6. Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

12.7 Duration of coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against PAGE 226 of 320
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claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or sub-consultants.

12.8 Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.

12.9 Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Agency may cancel this Agreement.

12.10 Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

12.11 Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.

12.12 Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.

12.13 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant PAGE 227 of 320
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maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

12.14 Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the Agency immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

12.15 Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

12.16 Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

12.17 Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions.

12.18 Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services PAGE 228 of 320
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but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor.

Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to Agency for review.

12.19 Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.

12.20 Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

12.21 Timely notice of claims. Consultant shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

12.22 Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Indemnification and defense

12.23 To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence.

Duty to defend

12.24 In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the PAGE 229 of 320
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matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation

13.0 Equal Opportunity
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

14.0 Labor Certification

14.1. By its signature hereunder, Consultant certifies it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code. Consultant shall provide evidence of such coverage before commencing the performance of the Services.

14.2. Consultant certifies that in the performance of the Services, Consultant shall not, in any manner, employ any person or contract with any person so that any Services so performed by such person would be subject to the workers’ compensation laws of the State of California unless and until Consultant gives City a certificate of consent to self-insure or a certificate of Workers' Compensation Insurance Coverage.

14.3. In the event Consultant hires a subcontractor who has employees to perform the Services or any part thereof, then Consultant shall either require the subcontractor to obtain Workers’ Compensation Insurance Coverage, or must obtain Workers’ Compensation Insurance Coverage for the subcontractor’s employees.

14.4. Any Workers’ Compensation Insurance Coverage required by or for this Agreement shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, its agents, and its subcontractors.

15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

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16.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

17.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

20.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

21.0 Force Majeure
Consultant shall not be liable for any failure to perform any obligation under this Agreement if Consultant presents that City in its sole judgment deems acceptable that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

22.0 Final Payment Acceptance Constitutes Release
Consultant’s acceptance of City’s final payment under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for the Services or anything done or furnished relating thereto. Neither City’s payment to Consultant nor approval of payment constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such or payment or approval be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

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23.0 Prohibited Interests; Conflict of Interest

23.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.

Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

23.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

23.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.

24.0 Attorneys’ Fees
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

25.0 Exhibits
Each exhibit referenced in this Agreement is hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

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26.0 Corporate Authority

26.1. Each person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of Consultant and that by his or her execution, Consultant is formally bound to the provisions of this Agreement.

26.2. Consultant certifies it is aware of the requirements of Sections 313 of the California Corporations Code. If Consultant is a corporate entity, it shall either:
(a) provide City written proof that each person executing this Agreement on Consultant’s behalf is duly authorized to bind Consultant; or (b) provide two signatories to this Agreement, of whom the first must be Consultant’s chairman of the board, president, or a vice president and the second must be Consultant’s secretary, an assistant secretary, its chief financial officer, or an assistant treasurer.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.

CITY OF SAN MARINO
By:_________________________
Philippe Eskandar
City Manager
Attest:

By:_________________________
City Clerk
Approved as to Form:

By:_________________________
Joseph Montes
City Attorney

CONSULTANT
By:
(Sign)
Name: Robert Gray
(Sign)
Title: Vice President
(Print)
By:_____________________________
(Sign)
Name:__________________________
(Print)
Title: __________________________
(Print)
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Exhibit A
Scope of Services
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Exhibit B
Fee Schedule
PAGE 235 of 320
1211802.2 Page 1 of 5

SCOPE OF SERVICES
Consultant will provide the following Services relative to Consultant’s local tax software solution.

1. Software Hosting Services – Consultant’s hosting services offload the majority of IT concerns to Consultant’s hosting team; including system upgrades, hardware and software maintenance, database management, and disaster recovery. Client will be responsible for maintaining its workstations and a reliable internet connection. Consultant will handle the rest. Website functionality will be hosted using a Client specific sub-domain on Consultant’s special purpose hdlgov.com domain.

1.1. Workstation Specifications – Workstations will access the software through a remote application session with Consultant’s hosting service. All workstations require 4+GB Memory, 1280x1024 screen resolution, and MS Windows 10/11 operating system.

1.2. Network Specifications – Consultant’s hosted service requires reliable, high speed internet connectivity. High-speed local area network connections are always helpful, but the service will also run without difficulty over slower WAN connections such as T1 or mobile broadband.

1.3. Printer Specifications - The software is designed to work with laser printers. A PCL compliant laser printer is recommended. Each make and model of printer has different drivers and therefore has slightly different results when printing. We design forms/reports using HP LaserJet printers.

2. Software Support

2.1. Client Support - Consultant will provide Client’s users no charge support by telephone, email and the web during the term of this Agreement. In the United States support is available as follows: For customer support between the hours of 8:00 am and 5:00 pm Pacific time, Monday through Friday, email [email protected] or call (909) 861-4335 and ask for software support. For urgent off hours support before 8:00 am or after 5:00 pm Pacific time, Monday through Friday (or anytime Saturday), email [email protected] and Consultant’s on call support personnel will be notified.

Please only include your name, agency and contact # in emails to [email protected]. You will be contacted as soon as possible.

2.2. Response Time – In the event that Client encounters an error and/or malfunction whereby the software does not conform to expected behavior in accordance with the software design, Consultant will assign one of the following severity levels and render support services in a timely manner consistent with the urgency of the situation.

2.2.1. Severity Level 1 – a critical problem has been encountered such that the software is essentially inoperable and without a reasonable workaround. Consultant will respond within one (1) business hour to diagnose the problem. A response is defined as an email or call to the Client’s designated support contact. Consultant and Client will work diligently and continuously to correct the problem as quickly as possible.

2.2.2. Severity Level 2 – a problem has been encountered that does not prevent use of the software, but the software is not operating correctly. Consultant will diagnose the problem within 48 hours and advise Client of any available work-around. Upon Consultant’s confirmation that the software is not operating correctly, Consultant will provide a software update to repair the defect and confirm with Client that the update resolved the issue.

2.2.3. Severity Level 3 – a minor problem has been encountered. The software is usable but could be improved by correction of a minor defect or addition of a usability enhancement. Consultant will assess the request within fifteen (15) business days and, depending on priorities, schedule a software update for a future release, advise Client that the request will not be implemented, or offer the option of implementing the request as a custom software enhancement at additional cost.

2.3. Support Policy Regarding Reports - Consultant will assist with modifications to reports as needed during the term of this agreement. Typical report modifications require 7 to 10 business days to complete. Very complex reports or reports required in a very short time frame may incur development costs, in which case an estimate will be provided for approval before the work is begun.

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1211802.2 Page 2 of 5

2.4. Software Upgrades - Except to the extent that upgrades of the software include new modules or features not previously offered as part of the software as of the date hereof, Client is entitled to upgrades of the software within the terms of this Agreement. Additional costs may apply depending on the extent of the upgrade. Potential additional costs include training, consulting, configuration, or other requested services.

2.5. Out of Scope Support – Client agrees to pay additional hourly fees according to Consultant’s then current hourly rates if the Client desires Consultant’s assistance for matters which are not caused by any defects in Consultant’s software.

3. Online Payment Processing

3.1. Standard Payment Processing Solution – Consultant’s software includes PCI compliant prayment processing services, supporting both credit card and eCheck transactions. Consultant guarantees continued support of the Standard Payment Processing Solution across all releases of Consultant’s software and the Standard Payment Processing Solution, at no cost to Client.

3.1.1. Payment Processing - Consultant shall provide its Services to support payments remitted to Client. Consultant shall transmit transactions for authorization and settlement through Consultant’s certified payment processor. Funds for transactions processed by Consultant hereunder shall be submitted to Client’s designated bank account as follows: (i) no more than two (2) business banking days after all Transactions (other than electronic Check Transactions) that are successfully processed prior to 5:00 p.m. ET on each business banking day (e.g., a Transaction authorized at 2:00 p.m. ET on Monday will be submitted on Wednesday; a Transaction successfully processed at 8:00 p.m. ET on Monday will be submitted on Thursday); and (ii) no more than five (5) business banking days for all electronic Check Transactions that are successfully processed prior to 5:00 p.m. ET on each business banking day. Consultant makes no representation or warranty as to when funds will be made available by Client’s bank.

3.1.2. Support - Consultant shall provide Client with payment processing related customer service as needed. Client shall timely report any problems encountered with the service. Consultant shall promptly respond to each report problem based on its severity, the impact on Client’s operations and the effect on the service. Consultant shall either resolve the problem or provide Client with the information needed to enable the Client to resolve it.

3.1.3. Transaction Errors - Consultant’s sole responsibility for any Transaction error or reversed Transaction is to determine whether the result indicates a problem with Consultant’s service and, if necessary, reprocess and resubmit the Transaction without additional charge. In the event that a Transaction is reversed or refunded to any Customer of Client, for any reason, Consultant may offset such amount against funds remitted to Client, or invoice Client for such amount, at Consultant’s discretion. Client shall pay any such invoice within 30 days of receipt.

3.1.4. Electronic Check Authorization - If Client elects to accept electronic Checks as a form of payment, the following subsections apply. For the purpose of this section, “checks” means checks drawn on accounts held in the U.S. (“Check(s)”).

3.1.4.1. As part of the implementation plan, Client shall select risk management controls governing Check acceptance and assumes sole responsibility for the choice of controls.

3.1.4.2. Consultant shall provide confirmation on a submitted ABA number as part of the Service to assist Client with the decision whether to accept a Check and shall route accepted Checks.

3.1.4.3. Client hereby authorizes Consultant to debit the Client’s financial institution account in the amount of any returned item that is received by Consultant.

3.1.5. Client Responsibilities

3.1.5.1. As a condition to its receipt of Consultant’s Standard Payment Processing Solution, Client shall execute and deliver a payments services/merchant application with Consultant’s Standard Payment Processing Solution vendor to establish Client’s merchant account for payments processing, and any and all applications, agreements, certifications or other documents required by Networks or other third parties whose consent or approval is PAGE 237 of 320
1211802.2 Page 3 of 5
necessary for the processing of Transactions. This includes “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.

3.1.5.2. Client represents, warrants, and agrees that it does and will comply with applicable Laws and regulations and Network rules, regulations or operating guidelines. Client shall notify Consultant in writing as soon as possible in the event a claim is either threatened or filed against Client by any governmental organization having jurisdiction over Client or a Customer related to the Service. Client shall also notify Consultant in writing as soon as possible in the event a claim is either threatened or filed against Client relating to Transactions or the Services or a fine or other penalty is assessed or threatened relating to Transactions or the Services.

3.1.5.3. Client represents, warrants and agrees that it is and will continue to be in full compliance with all applicable requirements of the Client Information Security Program of VISA, the Site Data Protection Program of MasterCard, and similar programs of other Networks, and any modifications to such programs that may occur from time to time. Upon the request of Consultant, Client shall provide Consultant with documentation reasonably satisfactory to Consultant verifying compliance with this Section.

3.1.5.4. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.

3.2. Custom Payment Processing Solution - Should Client require a different payment processing solution than Consultant’s designated standard solution, Client will pay an initial custom development fee to establish the integration as well as an increase to the annual use fee to maintain the integration across regular maintenance releases of Consultant’s software and Client’s custom payment processing solution. The annual use fee does not include significant redevelopment of the integration as may be required for major updates to Consultant’s software or Client’s custom payment processing solution.

Before commencing any work Consultant will provide a statement of work (SOW) defining the scope of work to be performed, timeline for development, and all associated costs.

FEES

4. Pricing Adjustments – All pricing listed in this Schedule will be honored during the first twelve months of software services. Any additional/optional services needed after this period will be provided using Consultant’s current pricing schedule at the time the service is requested.

5. Software Services

5.1. Travel Expenses – Travel and lodging expenses are billed at cost and apply to all meetings; including process, pre-installation, installation, training, and support. Consultant is dedicated to conserving public funds, and ensures any travel costs are required and reasonable.

5.2. Customizing Services – Consultant’s software is a customizable off the shelf system (COTS), and has been designed to meet all common needs of local governments. Should the need occur, Consultant may provide custom enhancements to the software on a time and material basis. No work shall be performed without prior written approval of Consultant and Client.

5.3. Recurring Costs
Item Price Comments
Software Use Fee $14,994.11 9/2024 – 8/2025
$15,743.82 9/2025 – 8/2026
Billed Annually. Includes
__3_ licensed users. Additional
PAGE 238 of 320
1211802.2 Page 4 of 5
remote named user connections are
$180/year.

5.3.1. Software Use Fee – Software Use Fee is billed annually, and provides for use of the software by the specified number of licensed users, software hosting services, customer support, and updates to the software. Additional user licenses are available as follows:
$2,000.00 software use fee per license up to 10 total licenses $1,750.00 software use fee per license from 11 to 20 total licenses $1,500.00 software use fee per license above 20 total licenses

6. Payment Processing – Consultant’s Standard Payment Processing Solution will configure payment processing services to utilize either a taxpayer funded model (service/convenience fee) or Agency funded model, as directed by Client. Client may switch between these models upon written request to Consultant.

Fees for each of these payment processing models are detailed here.

6.1. Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.

6.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00

6.1.2. ACH/eCheck processing - $2.50 per transaction

6.1.3. ACH/eCheck returns - $0.00 per return

6.1.4. Chargebacks - $0.00 per chargeback

6.1.5. Payment Account Hosting and Maintenance - $35.00 per month

6.2. Agency funded interchange passthrough model

6.2.1. Credit and debit card processing – 2.9% of transaction amount, + $0.30 per transaction

6.2.2. ACH/eCheck processing - $0.75 per transaction

6.2.3. ACH/eCheck returns - $10.00 per return

6.2.4. Chargebacks - $25.00 per chargeback

6.2.5. Payment Account Hosting and Maintenance - $35.00 per month

6.3. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.

6.4. Fees do not include expenses, late fees or charges, or taxes, all of which shall be the responsibility of Client. In addition to the charges specified, Client shall be responsible for (a) all interchange and network provider fees, (b) all dues, fees, fines and assessments established and owed by Client to Visa and/or Mastercard, (c) for all costs and fees associated with changes to ATM protocol caused by Client’s conversion to the Services, and (d) any increase in postage charges, provided that any increase in charges resulting from (a) through (d) shall not exceed the actual increase incurred by Consultant.

7. Payment Schedule

7.1. Any travel and lodging expenses are billed at cost as they are incurred. Such expenses shall be due within 30 days of the billing date.

7.2. Recurring software service fees will be invoiced upon first production use of the software, and each year thereafter on the anniversary of the effective date of the Agreement, and shall be due within 30 days of the invoice date.

7.3. Payment processing service fees are invoiced monthly for the prior month’s activity, and shall be due within 30 days of the invoice date.

8. Custom Services – Consultant’s current hourly rates are as follows:

8.1. Principal - $325 / hr

8.2. Programmer - $295 / hr
PAGE 239 of 320
1211802.2 Page 5 of 5

8.3. Senior Analyst - $245 / hr

8.4. Analyst - $195 / hr
PAGE 240 of 320
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Nicole Tibbet, Community Engagement Manager
DATE: October 9, 2024
SUBJECT: APPROVAL FOR THE CITY MANAGER TO EXECUTE A

SPECIAL EVENT PERMIT AGREEMENT WITH THE SAN

MARINO MOTOR CLASSIC

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government
Engaged and Connected Residents
Inviting and Relevant City Facilities

BACKGROUND
The San Marino Motor Classic (Motor Classic) has been held at Lacy Park since 2011. In addition to the extensive permitting process required on an annual basis for the show, the City has historically approved multi-year agreements to accomplish two things, (1) provide the Motor Classic with ability to plan a few years in advance and (2) stipulate specific requirements that the event must follow, above and beyond the regular permit specifications.

The first Motor Classic car show started as a successor to the Los Angeles Concours d’Elegance and was co-sponsored by the Classic Car Club of America and the San Marino Public Library Foundation. Since 2011, the Motor Classic, a 501(c)(3) California public benefit corporation, hosts the event in conjunction with the Rotary Club of San Marino. It typically attracts between 2,000 and 5,000 visitors with about 300 car entries of all makes and models, many being unique and classic.

Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 241 of 320
Proceeds raised from the event have been donated to various local community charities including the Pasadena Humane Society, the Society for the Prevention of Cruelty to Animals (SPCA), the Petersen Automotive Museum, and the Rotary Club of San Marino. The Rotary Club of San Marino and/or the Motor Classic have donated toward several City projects such as the construction of Stoneman Field, playground equipment at Lacy Park, the Lacy Park restroom project, the Barth Athletic Center, and the emergency pushgate exits at Lacy Park.

DISCUSSION
The City and the San Marino Motor Classic have been operating on an agreement approved by the City Council since 2021 (Attachment 1). Earlier this year, the operators of the Motor Classic approached City staff and requested that the contract for their continued operation be brought before the City Council to consider an extension and make various timely updates.

This agreement includes outdated insurance language, outdated permitting costs, lacks several provisions critical to the proper permitting of this event, and grammatical errors. Due to these deficiencies, the City and the Motor Classic would like to move forward with an updated agreement that meets current standards.

The Motor Classic will still be required to go through all annual permitting requirements for events in Lacy Park and event organizers will ensure that requirements of those permits are strictly adhered to.

To provide stability for the Motor Classic’s planning and provide staff with updated standards to permit this event through, staff recommends that the new permit agreement (Attachment 2) be approved by the City Council and authority be granted to the City Manager to execute it.

In addition to the various miscellaneous updates made to the agreement, a few key provisions include:
• Extending the term of the agreement from expiring in 2025 to 2029. • Requiring an increased Police Officer presence at the event. • Increasing the required administrative surcharge paid to the City for staffing needs from 20% to 25%.
• Requiring the prior approval of traffic control plans.

Notably, the Motor Classic is generally well received by the community. Staff only receive approximately one or two calls per year with concerns from residents regarding the Motor Classic. Such concerns are then relayed to the Motor Classic staff who are able to rectify the issues or plan to better address PAGE 242 of 320
them in following years.

FISCAL IMPACT & PROCUREMENT REVIEW
The San Marino Motor Classic will pay fees according to the fee schedule adopted annually by the City Council and in accordance with the permits, staff time, and facility use they incur.

In addition to the various community donations made by the Motor Classic that directly benefit the residents of San Marino, there is an unquantifiable positive economic impact resulting from sales tax revenue generated by the Motor Classic from visitors purchasing items at the Motor Classic or patronizing various San Marino businesses when visiting.

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

RECOMMENDATION
Staff recommends the Council authorize the City Manager to execute an agreement with the San Marino Motor Classic through December 31, 2029.

If the City Council deems the agreement satisfactory, an appropriate motion would be:
“I move to authorize the City Manager to execute an agreement with the San Marino Motor Classic through December 31, 2029.”

ATTACHMENTS

1. Approved 2021 Motor Classic Agreement

2. DRAFT Motor Classic Permit Agreement through 2029
PAGE 243 of 320
Special Event Permit – San Marino Motor Classic

CITY OF SAN MARINO SPECIAL EVENT PERMIT

SAN MARINO MOTOR CLASSIC
A permit is hereby granted by the City of San Marino, California (hereinafter the “City”) to the San Marino Motor Classic (hereinafter the “Permittee”) for the purpose of hosting a special event called the San Marino Motor Classic,within the City of San Marino, California, during the following four City fiscal years: 2022-23, 2023-24, 2024-25 and 2025-26.

SECTION I. This permit is issued to the Permittee for the purpose of hosting a special event at the Lacy Park in San Marino, California (hereinafter the “Park”). Said location; day(s) and time(s) may not be changed without prior written approval of the City.

SECTION II. In consideration for the Issuance of the permit, the Permittee shall pay to the City the amount of $6,260 per year as a permit fee, pursuant to the master fee schedule established by the City Council.

SECTION III. The Permittee shall be required to employ the following personnel as a condition of the special event within the City:
2 Firefighter(s) 4 Parks and Public Works Employee(s)
2 Police Officer(s) 1 Urban Forester
Fire, Police or Parks and Public Works Department personnel shall be assigned by the respective department head. The Permittee shall pay the actual costs per hour for Parks and Public Works Personnel, Fire Personnel, and Police Personnel, with a minimum of four (4) hours, for each person required by this permit, plus a twenty percent (20%) administrative surcharge.

SECTION IV. The following special conditions are placed upon the Permittee for the right to host a special event within the City:

1. Permittee shall consult with and receive approval from the City’s Urban Forester when parking vehicles and operating equipment below tree canopies.

2. All trash is to be removed from the premises by Permittee.

3. The Permittee shall provide appropriate remedies as requested by City to avoid and/or prevent damage to turf and playground areas.

4. All Park rules and regulations apply, which include but are not limited to, driving at very low speed, any objects (tables) shall be put back in the same location that is was removed from, etc.

5. Permittee shall provide a certificate of general liability insurance in the amount of at least two million dollars ($2,000,000) general aggregate and one million dollars ($1,000,000) per occurrence to cover all activities arising out of this special event, including the alcohol being served for the VIP event. City shall be listed as an additional insured on said insurance policy.

PAGE 244 of 320
Special Event Permit – San Marino Motor Classic

6. Single tents under 250 square feet do not require a building permit. Multiple tents connected together or a single tent with a total square footage greater than 250 square feet shall obtain a building permit and associated fire inspection in accordance with the municipal code. All stages and pedestrian ramps accessible to the public shall comply with the Americans with Disabilities Act guidelines and Permittee shall obtain a building permit. Permittee shall provide stamped engineering calculations for ramps supporting vehicles.

7. The serving of alcohol shall comply with the requirements of the California Department of Alcoholic Beverage Control (ABC). All consumption of alcohol shall be confined to one location and enclosed with fencing. There shall be no alcoholic beverage outside of this established location and a monitor is required to enforce this condition. The vendor serving the alcohol shall provide evidence of proper approvals from ABC. As authorized by the City’s Municipal Code Section 17.02.06, the City Manager is authorized to grant this permit and has granted use of the Park, including approval of alcoholic beverages to be served for specific motor classic activities, as allowed by law and under the required license with ABC.

8. The installation of “No Parking” signs shall be limited to Virginia Road between Euston and Monterey Road. They shall be installed 72 hours in advance and at the expense of Permittee.

9. Permittee shall obtain business licenses for all vendors conducting or soliciting business for the event.

10. All food vendors shall obtain proper approvals/permits to handle and serve food in accordance with the rules and regulations of the County of Los Angeles Health Department.

11. There shall be no amplified sound prior to 8:00 a.m.

12. Fire extinguishers shall be required for each vehicle.

13. Permittee is responsible for all clean up and damage to property or equipment within the Park. This includes but is not limited to: oil, trash, damage to irrigation, etc. Should this not be done to the satisfaction of the City, the City will repair/clean up as necessary and the expenses are to be reimbursed by the Permittee.

14. Permittee shall indemnify and hold harmless the City and its officers, employees and agents.

15. Permittee shall obtain waivers and hold harmless agreements naming the City, its officers, employees, and agents from each entry for all liability or damages arising from their participation in the event.

16. At its own expense, Permittee shall send out notices of the event to all property owners within five hundred feet (500 feet) of Park at least 10-calendar days before the PAGE 245 of 320
Special Event Permit – San Marino Motor Classic
event informing property owners of the days and times of the event and location of the No Parking zones.

17. A separate facility rental application shall be submitted to the City for the use of the Thurnher House and The Old Mill. Use of these facilities shall comply with the conditions within this section.

18. Use of Park maintenance buildings for event is not permitted.

19. The event shall typically occur the third weekend of August each fiscal year (August 2022, August 2023, August 2024 and August 2025).

20. Permittee shall submit streetlight banner artwork of each year’s event for written approval of the City Manager. If approved, the City will install banners at Permittee’s expense, which will include costs of labor, materials and incidentals required to install, maintain, and remove banners at the conclusion of each year’s event. Permittee shall submit artwork for approval no later than June 1 of each year. Approved banners will be installed by City after July 4 of each year.

21. Park and Park public parking lots will be closed to the public each event weekend (Saturday and Sunday) and no later than noon the following Monday for cleanup. Park and Park public parking lots will be open the Thursday and Friday preceding the event weekend to the public and Permittee shall conduct all set-up activities and operations on those days utilizing the safest methods practicable to ensure public health and safety.

22. Permittee shall provide at Permittee’s expense evening and nighttime private security when the Park is closed to the public.

23. Permittee shall provide monitors at every Lacy Park exit gate to a public way, which shall remain open anytime the public is present.

SECTION V. The Permittee shall:
a. Indemnify, hold harmless and defend the City and its officers, employees and agents from any and all liability and charges for damages proximately resulting from the operations of the Permittee and its officers, employees and any persons or entities contracted by Permittee to perform services pursuant to this permit. b. Be liable to the City for all damages to public property from the operations of the Permittee and its officers, employees and contractors under this permit, and pay to the City on demand, the cost of all repairs to public property made necessary by any operations under this permit.
c. Adhere to all other provisions of the San Marino Municipal Code.

This permit shall take effect on October 14, 2021, and shall expire June 30, 2026, unless otherwise extended by the City.

PAGE 246 of 320
Special Event Permit – San Marino Motor Classic

ACKNOWLEDGED AND ACCEPTED
By Permittee:

Signature Dated
Print Name
For the City of San Marino
Marcella Marlowe, City Manager Dated
PAGE 247 of 320
4887-7205-9110 v2

CITY OF SAN MARINO

SPECIAL EVENT PERMIT AGREEMENT
This Special Event Permit Agreement (“Agreement”) is entered into by and between the San Marino Motor Classic, a 501C3 Organization (“Permittee”) and the City of San Marino (“City”) and is dated and effective as of October 9, 2024.

SECTION I. This Agreement shall govern the issuance of permits to Permittee for the purpose of hosting an annual special event at Lacy Park (the “San Marino Motor Classic” or the “Event”) in San Marino, CA. This Agreement allows for the Event to occur each year during its term, subject to the annual approval pursuant to the City Council’s Lacy Park Closure for Major Events Policy.

SECTION II. In consideration for the Issuance of an annual Special Events Permit, the permittee shall pay to the City the permit fee pursuant to the master fee schedule established by the City Council. Permittee understands that additional permits may be required per City Code, depending upon the various elements of the annual event, including, but not limited to tent permits, open flame permits, business licenses for vendors, building permits for temporary structures, etc.

SECTION III. In addition to any requirements or conditions set forth in any annual permit issued by the City, the Permittee shall be required to employ the following personnel as a condition of the special event within the City of San Marino
2 Firefighter(s) 4 Park Employee (s)
4 Police Officer(s) 0 Other
Fire, Police or Park Department personnel shall be assigned by the respective department head.

The Permittee shall pay the actual costs per hour for Park Personnel, Fire Personnel, and Police Personnel, with a minimum of four (4) hours, for each person required by this permit, plus a twenty-five percent (25%) administrative surcharge.

SECTION IV. In addition to any requirements or conditions set forth in any Special Events Permit issued by the City, the following special conditions are placed upon the Permittee for the right to host the Event within the City of San Marino:

1. All vehicles and equipment shall not be parked below the canopy of trees without the approval of City staff.

2. All trash is to be removed from the premises.

3. The permittee shall provide appropriate remedies as requested by City staff to avoid damage to grass areas.

4. All park rules and regulations apply, which include but are not limited to driving at very low speed, any objects (tables) must be put back in same location that is was removed from, etc.

PAGE 248 of 320
4887-7205-9110 v2

5. The permittee shall provide a certificate of general liability insurance in the amount of at least five million dollars ($5,000,000) general aggregate and two million dollars ($2,000,000) per occurrence to cover all activities arising out of this special event including the alcohol being served at the hosted bar for the VIP event. The City of San Marino shall be listed as an additional insured.

6. All tents greater than 10 feet by 10 feet shall obtain a building permit and associated fire inspection.

7. The serving of alcohol shall comply with the requirements of the California Department of Alcoholic Beverage Control (ABC). All consumption of alcohol shall be confined to one location and enclosed with fencing. There shall be no alcoholic beverage outside of this established location and a monitor is required to enforce this condition. The vendor serving the alcohol shall provide evidence of proper approvals from the ABC.

The installation of “No Parking” signs shall be limited to Virginia Road between Euston and Monterey Road. They shall be installed 72 hours in advance and at permittee’s expense of the San Marino Motor Classic.

8. The permittee shall obtain business licenses for all vendors which are conducting or soliciting business for the event.

9. All food vendors shall obtain proper approvals/ permits to handle and serve food in accordance with the rules and regulations of the County of Los Angeles Health Department.

10. There shall be no amplified sound prior to 8:00 a.m.

11. Fire extinguishers shall be required for each displayed vehicle.

12. The permittee is responsible for all clean up and damage to property or equipment within the Park. This includes but is not limited to: oil, trash, damage to irrigation, etc.

Should this not be done to the satisfaction of the City, the City will repair/ clean up as necessary and the expenses are to be reimbursed by the permittee. The City will participate in a pre-event walk through with the permitee to note any existing damage and will notify the permittee of damage within 48 hours of their vacancy from the premises.

13. The permittee shall provide ADA parking in the Virginia parking lot.

14. The permittee shall defend (with counsel reasonably acceptable to City), indemnify and hold harmless the City of San Marino and its agents from and against any and all claims or suits for injury to persons or property, death or other damages arising out of the permittee’s negligent or willful acts or those of its agents, assigns, volunteers or guests.

15. The permittee shall obtain waivers and releases in a form acceptable to the City from each entry for all liability or damages arising from their participation in or attend and at the event. Language for the waivers will be provided to the motor classic on an annual basis.

PAGE 249 of 320
4887-7205-9110 v2

16. At its own expense, the permittee shall send out notices of the event to all property owners within five hundred feet (500’) of Lacy Park at least one week prior to the event.

17. A separate application shall be submitted for the use of the Thurner House and/or Old Mill and shall comply with the conditions within this section.

18. The permittee will provide volunteers that will follow an approved plan for traffic control for the arrival and departure of display vehicles.

SECTION V. TERM
This Agreement shall continue from the effective date set forth at the beginning of this Agreement to and through December 31, 2029, unless terminated earlier by either Party. Either Party may terminate this Agreement upon thirty (30) days written notice; provided, however, that Permittee may not terminate this Agreement between the issuance of a Special Events Permit and the holding of the annual Event, unless Permittee cancels the Event.

ACKNOWLEDGED AND ACCEPTED
By Permittee:

Signature Dated
Print Name
For the City of San Marino:

Philippe Eskandar, City Manager Dated
PAGE 250 of 320
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Nicole Tibbet, Community Engagement Manager
DATE: October 9, 2024
SUBJECT: CALIFORNIA OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT’S AGENT RESOLUTION

FOR NON-STATE AGENCIES

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

BACKGROUND
Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, agencies are required to designate and authorize City Agents to execute, on behalf of the City, applications for assistance to obtain federal financial assistance and/or State assistance for various storm, flood, or other natural disasters. The State of California Governor’s Office of Emergency Services (Cal OES) requires that all agencies continue to renew their Designation of Applicant’s Agency Resolution, Cal OES Form 130, with their offices every three years.

DISCUSSION
In the past, individuals were named on the designation form, however, now Cal OES allows titles only to be place in the resolution to allow the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. The time period for the last designation has expired and now requires a renewal. While the current expired designation will not result Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 251 of 320
in the City not receiving Federal or State assistance, it could delay assistance if the proper documentation is not present in their offices. The current resolution will be effective for all open and future disasters within the three years following approval.

The Agents being authorized by title for the City are the City Manager, Finance Director, and the Fire Chief. Upon approval, City staff will file the agent resolution with the appropriate Cal OES offices.

FISCAL IMPACT & PROCUREMENT REVIEW
None.

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

RECOMMENDATION
Staff recommends the Council authorize the completion and filing of the Designation of Applicant’s Agent Resolution for Non-State Agencies. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
"I move that the City Council approve the completion and filing of the Designation of Applicant’s Agent Resolution for Non-State Agencies designating the City Manager, Finance Director, and Fire Chief as authorized agents for the City of San Marino.”

ATTACHMENTS

1. Cal OES Form 130 Resolution
PAGE 252 of 320

STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130
Cal OES ID No: ______________________

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , a public entity (Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.

THAT the ________________________________________________, a public entity established under the laws of the State of California, (Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

Please check the appropriate box below:

This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.

This is a disaster specific resolution and is effective for only disaster number(s) ________________________ Passed and approved this day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and correct copy of a (Name of Applicant)
Resolution passed and approved by the of the
(Governing Body) (Name of Applicant)
on the day of , 20 .
(Title)