TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Lizette Guerrero, Human Resources Director
John Incontro, Police Chief
DATE: March 11, 2026
SUBJECT: ADOPTION OF SIDE LETTER OF AGREEMENT BETWEEN
THE SAN MARINO POLICE OFFICERS ASSOCIATION AND
THE CITY OF SAN MARINO CONCERNING THE PROPOSED
ADDITION OF SECTION 09.11 (E) TO THE MEMORANDUM
OF UNDERSTANDING
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Safe Community
• Fiscally Responsible and Transparent City Government
• Efficient, Responsive, and Effective City Services
BACKGROUND
On July 25, 2025, the City Council agreed to allow the San Marino Police Department (SMPD) to accept the State of California FY 2025/26 Cannabis Tax Fund Grant awarded in the amount of $255,041.13. The Cannabis Tax Fund Grant Program (CTFGP) awards grant funds on a reimbursement basis to law enforcement agencies to purchase DUI enforcement related equipment, conduct DUI educational presentations to the community, and conduct DUI field operations. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Police Department's effectiveness through training and development of new strategies.
Grant funding is allocated in accordance with California Code of Regulations (CCR) Sections 1890.05 through 1890.07, Cannabis Tax Fund Grant Program.
This report addresses a necessary revision to the Memorandum of Tony Chou, Mayor
Calvin Lo, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Gretchen Shepherd Romey, Council Member
, Council Member
Understanding (MOU) with the San Marino Police Officers Association (SMPOA) to account for the rules of the Grant.
DISCUSSION
Article 9 of the MOU with the SMPOA, (OTHER WAGE AND HOURLY BENEFITS) provides for overtime provisions. This provision has presented an artificial impediment to how the City pays for overtime related to officers conducting CTFGP enforcement activities such as saturation patrols, DUI checkpoints, and educational presentations that are reimbursed by the CTFGP.
The Cannabis Tax Fund Grant Program (CTFGP) was established to provide alternative funding sources to augment, but not supplant, current activities and programs.
The proposed Side Letter of Agreement permits the City to pay overtime to SMPOA officers at one and one-half (1.5) hours, when not regularly scheduled for duty, while conducting CTFGP-related saturation patrols, DUI checkpoints, and educational presentations and when the City receives future grant money for field operations. The hours worked under these grants will be excluded from FLSA calculations.
The Chief of Police and the Human Resources Director have met and conferred with the SMPOA concerning the proposed addition of Section
09.11 (E) to the MOU.
FISCAL IMPACT & PROCUREMENT REVIEW
The addition of Section 09.11 (E) to the MOU presents no fiscal impact to the General Fund as this is a reimbursement grant, and any expenses incurred would be offset by funds from the grant.
LEGAL REVIEW
The City Attorney's office has reviewed this report and approved as to form.
RECOMMENDATION
Staff recommends that the City Council adopt the Side Letter of Agreement between the San Marino Police Officers Association and the City of San Marino. If the City Council concurs with staff's recommendation, an appropriate motion would be:
“I move to adopt the Side Letter of Agreement between the San Marino Police Officers Association and the City of San Marino concerning the proposed addition of Section 09.11 (E) to the Memorandum of Understanding.”
ATTACHMENTS
1. Side Letter of Agreement Between the San Marino Police Officers Association and the City of San Marino concerning the proposed addition of Section 09.11 (E), GRANT FUNDED SATURATION PATROLS/DUI
CHECKPOINTS/EDUCATIONAL PRESENTATIONS.
2. FY 2025-26 CTFGP Signed – Executed Agreement