San Dimas City Council
August 8, 2023

CITY COUNCIL MEETING AGENDA
TUESDAY AUGUST 8, 2023 7:00 PM
SAN DIMAS COUNCIL CHAMBER
245 EAST BONITA AVENUE
A public agenda packet is available for review on the City’s website  www.sandimasca.gov or by contacting the City Clerk’s Office at [email protected].

Members of the public may observe the City Council meeting live on the City of San Dimas website at www.sandimasca.gov or on KWST Channel 3. To view from the website, select the Watch City Council Meetings blue button from the home page.

CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem John Ebiner, Councilmember Eric Nakano, Councilmember Ryan A. Vienna, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE
ORAL COMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
CONSENT CALENDAR
CC1. Approve Resolution 2023­51, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the July 31, 2023 Prepaid Warrant Register in the Amount of $157,691.10 and the August 15, 2023 Warrant Register in the Amount of $740,732.25.

CC2. Approve Minutes of the July 25, 2023 Regular City Council Meeting CC3. Deny Claim Guerra v. City of San Dimas 3048466
CC4. Deny Claim Martinez v. City of San Dimas 3049451
CC5. Approve Resolution 2023­53 Determining the Need to Extend Local Emergency Regarding the February 2023 Winter Storms
CC6. Approve the Purchase and Outfit of Fleet Vehicles and a Backhoe through the Statewide Contract Fleet Vehicle Pricing in the Amounts of $177,279.90 for Quinn Cat Backhoe, $413,140.00 for Watsonville Ford and to Authorize an additional $79,778.16 for Vehicle Outfitting in accordance with City Purchasing Rules to Bearcom, Retrofit, Inc, Lowes, and California Truck Equipment Co. for a Total Not to Exceed of $670,198.06 for Vehicle & Otfitti

CC3. Deny Claim Guerra v. City of San Dimas 3048466
CC4. Deny Claim Martinez v. City of San Dimas 3049451
CC5. Approve Resolution 2023­53 Determining the Need to Extend Local Emergency Regarding the February 2023 Winter Storms
CC6. Approve the Purchase and Outfit of Fleet Vehicles and a Backhoe through the Statewide Contract Fleet Vehicle Pricing in the Amounts of $177,279.90 for Quinn Cat Backhoe, $413,140.00 for Watsonville Ford and to Authorize an additional $79,778.16 for Vehicle Outfitting in accordance with City Purchasing Rules to Bearcom, Retrofit, Inc, Lowes, and California Truck Equipment Co. for a Total Not to Exceed of $670,198.06 for Vehicle & Outfitting
END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.

OTHER BUSINESS
OB1. Consideration and Adoption of Resolution 2023­52 Approving the Civic Center Park Rental Policy Allowing for Certain Private Event Rental of Civic Center Park RECOMMENDATION: Staff recommends the City Council:Adopt Resolution 2023­52 adopting a Civic Center Park Rental Policy that will allow members of the public to rent Civic Center Park and authorize the City Manager or designee to implement such policy and reasonable changes as necessary to provide for private events and activities.

OB2. Review, Discussion and Possible Direction on Staff’s Report of Black Walnut Trees RECOMMENDATION: Staff recommends that City Council: Consider the information presented regarding Black Walnut Trees and provide direction as appropriate.

OB3. Discussion and Direction on Artwork Project for the Gold Line Bridge at the Intersection of Cataract and Bonita Avenues
RECOMMENDATION: City staff requests that the City Council provide direction for the following:

1.  Proposed Agreement with Metro Gold Line Foothill Extension Construction Authority

2.  Proposed agreement with the artist, Keith Batcheller (”Artist”)

3.  Proposed design for the artwork

4.  Project timeline

5.  Allocation of $96,000 to complete the project
OB4. Discussion and Direction Regarding Boards, Commission, and Committee Appointments RECOMMENDATION: Staff recommends that the City Council:
1) Receive the applications for appointment received by the City, 2) Advise staff on how to proceed with applications received after posting of this agenda and to which a Councilmember may wish to nominate,
3) Discuss the process for the City Clerk to compile the individual City Council nominations for appointment consideration at the August 22, 2023 Council Meeting, and 4) Direct City staff to proceed with agendizing formal appointment action during the August 22, 2023 City Council Meeting.

ORALCOMMUNICATIONS

OB4. Discussion and Direction Regarding Boards, Commission, and Committee Appointments RECOMMENDATION: Staff recommends that the City Council:
1) Receive the applications for appointment received by the City, 2) Advise staff on how to proceed with applications received after posting of this agenda and to which a Councilmember may wish to nominate,
3) Discuss the process for the City Clerk to compile the individual City Council nominations for appointment consideration at the August 22, 2023 Council Meeting, and 4) Direct City staff to proceed with agendizing formal appointment action during the August 22, 2023 City Council Meeting.

ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
City Council Requests for Future Items, Comments and Updates Consideration of forming a City Council Ad­Hoc Committee to discuss the number of members for Boards Commissions and Committees

ADJOURNMENT
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk’s Office at (909) 394­6216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102­35.104 ADA Title II].

Copies of documents distributed for the meeting are available in alternative formats upon request. Any writings or documents provided to the City Council regarding any item on this agenda will be made available for public review Monday through Thursday 7:30 a.m. to 5:30 p.m. and on Fridays from 7:30 a.m. to 4:30 p.m. at the Administration Counter at City Hall and San Dimas Library. In addition, most documents are posted on the City’s website at  www.sandimasca.gov.

Posting Statement:  I declare under penalty of perjury that on August 4, 2023 I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E. Bonita Ave., San Dimas Library 145 N. Walnut Ave., San Dimas Post Office 300 E. Bonita Ave., Von’s Via Verde Shopping Center 1160 Via Verde Ave., and on the City’s website www.sandimasca.gov/agendas­minutes/ as required by law.

August 4, 2023 Debra Black
Debra Black, City Clerk

RESOLUTION 2023-51

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

CALIFORNIA, APPROVING CERTAIN DEMANDS FOR THE MONTHS OF JULY AND AUGUST 2023
WHEREAS, the following listed demands have been audited by the Director of Administrative Services; and
WHEREAS, the Director of Administration Services has certified as to the availability of funds for payment thereto; and
WHEREAS, the register of audited demands has been submitted to the City Council for approval.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve the Prepaid Warrant Register of July 31st, 2023 in the amount of $157,691.10 and the August 15th, 2023 Warrant Register in the amount of $740,732.25.

PASSED, APPROVED AND ADOPTED this 8th, day of August 2023. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2023-51 was approved by vote of the City Council of the City of San Dimas at its regular meeting of August 8th, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

CITY COUNCIL

ACTION SUMMARY MINUTES
JULY 25, 2023 REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem John Ebiner – Via Zoom, Councilmember Eric Nakano, Councilmember Ryan A. Vienna, Councilmember Eric Weber Staff: Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Director of Parks and Recreation Scott Wasserman, Director of Community Development Henry Noh, City Attorney Jeff Malawy, City Clerk Debra Black
Staff Absent: City Manager Chris Constantin

CONSENT ITEMS COMMENTS/RECOMMENDATIONS

1. Approve Resolution 2023-48, A
Resolution of the City Council of the City
of San Dimas, Approving Certain
Demands for July 28th, 2023 in the
Amount of $1,708,347.56.

2. Approve Minutes of the July 6, 2023
Special Meeting and July 13, 2023
Regular City Council Meeting

3. Approve an Amendment of the
Professional Services Agreement with
Interwest Consulting Group to June 30,
2025 and a Budget Amendment in an
Amount not to Exceed $5,400 for the
Downtown Specific Plan and Associated
Environmental Impact Report and
Authorize the City Manager to Execute
any and all Documents.

4. Approve Construction Contract 2023-05
Billow Drive and Pearlanna Drive –
Street Improvement Project with Sequel
Construction in an Amount of $362,100,
Approve Change Order No. 1 in the
Amount of $99,438.46, and Authorize the
City Manager to Execute and and all
Documents.

5. Approve the Purchase of a New Street
Sweeper from Tymco in the Amount of
$445,172.25.

City Attorney announced consent item 8
was the proposed amendment to the City
Manager’s employment agreement that
would set the salary and benefits reflected in
the amended pay plan and reimbursement
schedule for that position.

MOTION: Motion/seconded by
Councilmembers Vienna/ Weber to approve
the consent calendar as presented. Motion
carried 5-0.

Roll Call:

Vienna: Yes
Weber: Yes
Nakano: Yes
Ebiner: Yes
Badar: Yes

July 25, 2023 City Council Action Minutes Page 2

6. Adopt Resolution 2023-49 Amending the
San Dimas Canyon Golf Course Loan
Rate from 2% to 5% to Align Rate with
Current Tax-Exempt Bond Financings
and Approval of the Accompanying
Amortization Schedule

7. Receive and File Investment and Cash
Condition Report for June 2023

8. Approve the Amended and Restated City
Manager Employment Agreement with
Chris Constantin and Update to Pay Plan
Resolution

OTHER BUSINESS COMMENTS/RECOMMENDATIONS

1. Discussion, Consideration, and Possible
Direction Revising Policies and
Procedures Related to Enforcement of
Chapter 13.36 of the San Dimas
Municipal Code regarding Community
Tree Management
MOTION: Motion/seconded by
Councilmembers Vienna/Weber to approve
staff’s recommendations and direction to
bring back an Ordinance with language that
specifies fines of $1,000 for egregious
violations in clearly defined public parks,
recreation facilities and medians.
. Motion carried 5-0.

Roll Call:

Vienna: Yes
Weber: Yes
Nakano: Yes
Ebiner: Yes
Badar: Yes

CITY REPORTS COMMENTS/RECOMMENDATIONS

1. City Manager Assistant City Manager Brad McKinney
announced the recruitment deadline of July
28, 2023 for the boards, commissions and
committees.

2. City Attorney None

3. Members of the City Council
• Reports on Meetings Attended AB
1234 (G.C. §53232.3(d))
None

CITY COUNCIL REQUESTS FOR

FUTURE ITEMS

COMMENTS/RECOMMENDATIONS
Councilmember Nakano
Requested by Councilmember Nakano
supported by Councilmember Vienna to
explore a broader Tree Fine Policy.

Mayor Badar

July 25, 2023 City Council Action Minutes Page 3
Requested by Mayor Badar and supported by
Councilmember Vienna for future
discussions on a holistic tree policy that
would include the Parks and Recreation and
Planning Commissions.

Councilmember Vienna
Request by Councilmember Vienna and
supported by Councilmember Nakano to
cancel the request to agendize a Saturday
study session discussion on Boards
Commission and Committees membership
makeup.

Roll Call:

Vienna: Yes
Weber: Yes
Nakano: Yes
Ebiner: Yes
Badar: Yes
Request by Councilmember Vienna and
supported by Mayor Pro Tem Ebiner to
agendize a discussion creating an ad-hoc
committee to explore increasing commission
members from five to seven.

Adjourned: 8:32 pm
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk

PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
7/10/2023
TO: City of San Dimas
ATTENTION: Brad McKinney
RE: Claim : Alejandro Guerra V. City of San Dimas
Claimant : Alejandro Guerra
Member : City of San Dimas
Date Rec’d by Mbr : 07-05-2023
Date of Event : 06-24-2023
CW File Number : 3048466
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.

Please include a proof of mailing with your rejection notice to the claimant. Please provide us with a copy of the Notice of Rejection and copy of Proof of Mailing. If you have any questions, feel free to contact the assigned adjuster or the undersigned claims specialist.

Very truly yours,
Janice Baluyut
Janice Baluyut
Claims Examiner
Carl Warren & Company, LLC | A Venbrook Company
Direct: 657.622.4326
Email: [email protected]

PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
7/10/2023
Alejandro Guerra
RE: Claim : Alejandro Guerra V. City of San Dimas
Claimant : Alejandro Guerra
Member : City of San Dimas
Date Rec’d by Mbr : 07-05-2023
Date of Event : 06-24-2023
CW File Number : 3048466
Dear Mr. Guerra:

As you may recall we are the claim administrators for the city of San Dimas. We appreciate your desire to seek reimbursement for the damages, however the subject tree did not have external indicators of the decay. The post inspection discovered the decay internally and would not have been known by the city until after the fact. Our investigation determined the city of San Dimas did not have notice of the subject trees decline in health.

Thank you
Janice Baluyut
Janice Baluyut
Claims Examiner
Carl Warren & Company, LLC | A Venbrook Company
Direct: 657.622.4326
Email: [email protected]
Cc: City of San Dimas

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PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
August 3, 2023
TO: City of San Dimas
ATTENTION: Brad McKinney
RE: Claim : Martinez vs. San Dimas
Claimant : Jennifer Martinez
Member : City of San Dimas
Date Rec’d by Mbr : 7/12/23
Date of Event : 1/13/23
CW File Number : 3049451 MZV
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.

Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.

Very Truly Yours,
CARL WARREN & CO.

Timothy M. Varon
Timothy M. Varon
Claims Supervisor




 






 
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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of August 8, 2023
From: Chris Constantin, City Manager
Prepared by: Anissa Livas, Sr. Management Analyst
Subject: Approve Resolution 2023-53 Determining the Need to Extend Local Emergency Regarding the February 2023 Winter Storms
____________________________________________________________________________

SUMMARY
Consideration of adopting a resolution to continue the local emergency relating to February Winter Storm impacts as such is required to be reviewed every 60 days.

RECOMMENDATION
Staff recommends that the City Council:
• Approve Resolution 2023-53 Determining the Need to Continue a Local Emergency Regarding February Winter Storms.

FISCAL IMPACT
The continuation of the declared local emergency will help ensure access to reimbursement for related costs in response to the February Winter Storm. City staff has submitted a Request for Public Assistance with California Office of Emergency Services (CalOES) to seek reimbursement for eligible storm related expenses.

BACKGROUND
On February 28, 2023, the City Council ratified a Proclamation declaring the existence of a local emergency relating to unpreceded winter storms, in accordance with Government Code Section 8630 and San Dimas Municipal Code Section 8.28.060(A)(1) Impacts from the February Winter Storm continue in San Dimas, as the northbound lane of San Dimas Avenue north of Calle Solana has been closed since February 25, 2023 due to storm damage compromising the roadway.

Resolution 2023-53 to Extend Local Emergency Page 2
For the Meeting of August 8, 2023

DISCUSSION/ANALYSIS
Initial assessment work is currently in process with a Geotechnical Consultant and Civil/Structural Engineer to provide repair recommendations and estimates. However, the work is anticipated to take several months, necessitating the continuation of the local proclamation for future consideration of Public Assistance funding from CalOES.

Government Code Section 8630 requires that the City Council review the need for continuing a local emergency at least once every 60 days until the City Council terminates the local emergency.

The City Council reviewed the need for continuing the local emergency on April 25, 2023.

As such, City staff recommend adopting Resolution 2023-23 and Resolution 2023-37 extending the declaration of the existence of a local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 day.

ALTERNATIVES
Not Applicable.

ENVIRONMENTAL REVIEW
This item is not a project and does not fall within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly.

Respectfully submitted,
Anissa Livas
Sr. Management Analyst
Attachments:

1. Resolution 2023-53 February 2023 Storm Continuation

ATTACHMENT 1
RESOLUTION 2023-53

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

COUNTY OF LOS ANGELES, EXTENDING THE DECLARATION OF THE

EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, City of San Dimas Municipal Code Section 8.28.060(A)(1) provides that the Director of Emergency Services may proclaim the existence of a local emergency when the City of San Dimas is affected or likely to be affected by a public calamity and the City Council is not in session, and requires that the City Council shall act to ratify the proclamation within seven days thereafter; and
WHEREAS, on February 24, 2023 and continuing, a significant winter storm impacted the City of San Dimas causing significant debris and erosion causing damage to roadways within the City with risk of landslide, fallen trees, damage to private property and surface deformations; and WHEREAS, due to the above-described emergency conditions, the City Manager acting as Director of Emergency Services (“Director”) did proclaim the existence of a local emergency within the City on the 27th day of February, 2023; and
WHEREAS, the Director of Emergency Services of the City of San Dimas found the winter storm and the foregoing conditions to constitute an extreme peril to the safety of persons and property within and around the City, and an extreme financial and service burden on the City due to all the foregoing conditions; and
WHEREAS, the Director of Emergency Services of the City of San Dimas also found these conditions are or are likely to be beyond the control and the current capacity of the City of San Dimas to provide services, personnel, equipment, and facilities to address this emergency; and WHEREAS, pursuant to Government Code section 8630 and San Dimas Municipal Code section 8.28.060(A)(1), a local emergency declared by the Director of Emergency Services shall not remain in effect for a period in excess of seven (7) days unless it has been ratified by the City Council; and
WHEREAS, on February 28, 2023 the City Council ratified the Director’s February 27, 2023 local emergency proclamation.

WHEREAS, the health, safety and welfare of City residents, businesses, visitors and staff are of utmost importance to the City and additional future measures may be needed to protect the community. The mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to the present stormrelated state of emergency. The City may require additional assistance in the future, and proclamation of local emergency allows additional resources to flow to the City in a timely manner; and
WHEREAS, on January 4, 2023, California Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state with ongoing responses to the recent storms; and

Resolution 2023-53 Page 2
Extending Declaration of Local Emergency Proclamation (Winter Storms) August 8, 2023
WHEREAS, on January 9, 2023, the President of the United States declared an emergency exists in the State of California and ordered Federal assistance to supplement State, tribal, and local response efforts due to the emergency conditions resulting from successive and severe winter storms, flooding, and mudslides; and
WHEREAS, the City’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully respond to the significant winter storms impacting the City of San Dimas on February 24, 2023, and continuing; and
WHEREAS, pursuant to Government Code section 8630(c), the City Council shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency; and
WHEREAS, after consideration of all facts reasonably available for review and all items, the City Council of the City of San Dimas now finds and determines there is a need to continue the local emergency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and incorporate them herein by this reference.

SECTION 2. Continuation of Local Emergency. The City Council has reviewed the need for continuing the local emergency proclaimed by the Director on February 27, 2023 and ratified by the City Council on February 28, 2023, and finds that conditions continue to warrant and necessitate the existence of a local emergency throughout the City. Therefore, the local emergency proclaimed by the Director on February 27, 2023 and ratified by the City Council on February 28, 2023 is deemed to continue to exist until its termination is proclaimed by the City Council.

SECTION 3. City Council Review. The City Council shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. The City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (Government Code § 8630.) SECTION 4. Severability. If any subsection, sentence, clause, phrase, or word of this Resolution or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Resolution.

SECTION 5. Effective Date. This Resolution shall be effective immediately upon passage and adoption. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Resolution 2023-53 Page 3
Extending Declaration of Local Emergency Proclamation (Winter Storms) August 8, 2023
PASSED, APPROVED AND ADOPTED this 8th day of August, 2023. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2023-53 was adopted by the City Council of San Dimas at its regular meeting of August 8h, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Debra Black, City Clerk

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of August 8, 2023
From: Chris Constantin, City Manager
Prepared by: Michael O'Brien, Director of Administrative Services Subject: Approve the Purchase and Outfit of Fleet Vehicles and a Backhoe through the Statewide Contract Fleet Vehicle Pricing and in Accordance with City Purchasing Rules with Watsonville Ford, QuinnCat Backhoe, Bearcom, Retrofit, Inc, Lowes, and California Truck Equipment Co. for a Total Not To Exceed Amount of $670,198.06
____________________________________________________________________________

SUMMARY
The existing Fleet Vehicles and Backhoe operational uses have been exhausted. Staff is requesting approval to replace them.

RECOMMENDATION
Staff recommends that the City Council:
• Approve the Purchase and Outfit of Fleet Vehicles and a Backhoe through the Statewide Contract Fleet Vehicle Pricing in the Amounts of $177,279.90 for Quinn Cat Backhoe, $413,140.00 for Watsonville Ford and to Authorize an additional $79,778.16 for Vehicle Outfitting in accordance with City Purchasing Rules to Bearcom, Retrofit, Inc, Lowes, and California Truck Equipment Co. for a Total Not to Exceed of $670,198.06 for Vehicle & Outfitting.

FISCAL IMPACT
The vehicle purchases were included with the adoption of the 2022-23 and 2023-24 budgets. The unspent portion of the 2022-23 approved vehicle budget will be carried over to the 2023-24 fiscal year which will be presented for approval tentatively in September after all eligible expenditures related to the 2022-23 fiscal year have been accrued which can be done up until August 31,2023.

The total vehicle budget is enough to support the quotes listed below, however small dollar supplemental amendments which are permitted under the Administrative Services Director’s authority per the adopted budget policy may be necessary to move budgeted funds from one

Approve Purchase and Outfit Fleet Vehicles and Backhoe Page 2 For the Meeting of August 8, 2023
vehicle account to another in order to properly account for each purpose. Those supplemental adjustments will be provided to Council for their review and approval.

DISCUSSION/ANALYSIS
The City vehicle fleet is utilized by our Public Works, Parks & Recreation and Facility Maintenance staff in order to assist them in maintaining the various City roads, sidewalks, medians, parks and facilities. The trucks carry tools, heavy equipment and materials needed at various jobsites.

The City has historically maintained vehicles well beyond the 5-year life expectancy of a vehicle and described by Generally Accepted Accounting Principles, but at a certain point the continued maintenance and repairs make it advantageous for the City to move on from our older vehicles and replace them with newer models.

The advanced safety features and fuel economy of the newer vehicles assists with keeping our staff safe while on the road while at the same time reducing annual gas and maintenance costs.

The following is a breakdown of the quoted pricing for equipment and vehicle purchases as well as outfitting.

Quinn Cat
2023 Caterpillar Inc. Model: 416 Backhoe Loader $170,081.88 Auger, A68, BHL, 45-50MM $ 5,694.00
BEARCOM – Portable Radio $ 1,504.02
Total Cost Backhoe $177,279.90
Watsonville Fleet Group
2024 F550 4x2 Chassis CAB DWW/169 6.7l Power Stroke V8 Diesel $ 68,140.00 2024 F350 4x2 Chassis CAB DRW/169 Super Duty $ 51,630.00 2024 F250 4x2 Super CAB Pickup/164 Super Duty $ 49,050.00 2024 F250 4x2 Super CAB Pickup/164 Super Duty $ 49,050.00 2023 F150 4x4 Super CAB 145 2.7L V6 ECOBOOST $ 47,610.00 2023 F150 4x4 Super CAB 145 2.7L V6 ECOBOOST $ 47,610.00 2023 F150 4x4 Super Crew-145 2.7L V6 ECOBOOST $ 50,025.00 2023 F150 4x4 Super Crew-145 2.7L V6 ECOBOOST $ 50,025.00 Total Cost Vehicle Purchase $413,140.00
The vehicles above will require certain outfitting from the following vendors.

BEARCOM – Portable Radios
2024 F550 4x2 Chassis CAB DWW/169 6.7l Power Stroke V8 Diesel $ 1,504.02 2024 F350 4x2 Chassis CAB DRW/169 Super Duty $ 1,504.02 2024 F250 4x2 Super CAB Pickup/164 Super Duty $ 1,504.02 2024 F250 4x2 Super CAB Pickup/164 Super Duty $ 1,504.02 2023 F150 4x4 Super CAB 145 2.7L V6 ECOBOOST $ 1,504.02 2023 F150 4x4 Super CAB 145 2.7L V6 ECOBOOST $ 1,504.02 2023 F150 4x4 Super Crew-145 2.7L V6 ECOBOOST $ 1,504.02 2023 F150 4x4 Super Crew-145 2.7L V6 ECOBOOST $ 1,504.02

Approve Purchase and Outfit Fleet Vehicles and Backhoe Page 3 For the Meeting of August 8, 2023
Total Cost - BEARCOM Outfitting $ 12,032.16
Retrofit, Inc. – Light Bars
2024 F550 4x2 Chassis CAB DWW/169 6.7l Power Stroke V8 Diesel $ 4,078.75 2024 F350 4x2 Chassis CAB DRW/169 Super Duty $ 4,078.75 2024 F250 4x2 Super CAB Pickup/164 Super Duty $ 4,078.75 2024 F250 4x2 Super CAB Pickup/164 Super Duty $ 4,078.75 2023 F150 4x4 Super CAB 145 2.7L V6 ECOBOOST $ -
2023 F150 4x4 Super CAB 145 2.7L V6 ECOBOOST $ -
2023 F150 4x4 Super Crew-145 2.7L V6 ECOBOOST $ 4,078.75 2023 F150 4x4 Super Crew-145 2.7L V6 ECOBOOST $ 4,078.75 Total Cost - Retrofit Outfitting $ 24,472.50
Lowes – Mounted Tool Box
2024 F550 4x2 Chassis CAB DWW/169 6.7l Power Stroke V8 Diesel $ 887.00 2024 F350 4x2 Chassis CAB DRW/169 Super Duty $ 887.00
2024 F250 4x2 Super CAB Pickup/164 Super Duty $ 887.00
2024 F250 4x2 Super CAB Pickup/164 Super Duty $ 887.00
2023 F150 4x4 Super CAB 145 2.7L V6 ECOBOOST $ -
2023 F150 4x4 Super CAB 145 2.7L V6 ECOBOOST $ 887.00
2023 F150 4x4 Super Crew-145 2.7L V6 ECOBOOST $ 887.00
2023 F150 4x4 Super Crew-145 2.7L V6 ECOBOOST $ 887.00
Total Cost - Lowes Outfitting $ 6,209.00
California Truck Equipment Co. – Rear Cameras, LED Lights and Part Upgrades 2024 F350 4x2 Chassis CAB DRW/169 Super Duty $ 25,184.50 2024 F250 4x2 Super CAB Pickup/164 Super Duty $ 5,775.00 2024 F250 4x2 Super CAB Pickup/164 Super Duty $ 6,105.00 Total Cost - California Truck Equipment Co. Outfitting $ 37,064.50 Grand Total Vehicle & Outfitting
2024 F550 4x2 Chassis CAB DWW/169 6.7l Power Stroke V8 Diesel $ 74,609.77 2024 F350 4x2 Chassis CAB DRW/169 Super Duty $ 83,284.27 2024 F250 4x2 Super CAB Pickup/164 Super Duty $ 61,294.77 2024 F250 4x2 Super CAB Pickup/164 Super Duty $ 61,624.77 2023 F150 4x4 Super CAB 145 2.7L V6 ECOBOOST $ 49,114.02 2023 F150 4x4 Super CAB 145 2.7L V6 ECOBOOST $ 50,001.02 2023 F150 4x4 Super Crew-145 2.7L V6 ECOBOOST $ 56,494.77 2023 F150 4x4 Super Crew-145 2.7L V6 ECOBOOST $ 56,494.77 Total Vehicle Cost $492,918.16
Additionally, the 2024 F550 4x2 Chassis CAB DWW/169 6.7l Power Stroke V8 Diesel will require a swap of the dump truck body from the retiring vehicle to this new one. The cost for labor to conduct the swap is anticipated to be $10,000.

Approve Purchase and Outfit Fleet Vehicles and Backhoe Page 4 For the Meeting of August 8, 2023

ALTERNATIVE
The City Council could provide alternative direction or not authorize the purchase of the vehicles.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Michael O'Brien
Director of Administrative Services
Attachments:

1. Quinn Cat and Outfitting Quotes.

2. Watsonville Fleet Group and Outfitters Quotes.

ATTACHMENT 1

ATTACHMENT 2

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of August 8, 2023
From: Chris Constantin, City Manager
Prepared by: Joseph Jones, Recreation Manager
Subject: Consideration and Adoption of Resolution 2023-52 Approving the Civic Center Park Rental Policy Allowing for Certain Private Event Rental of Civic Center Park
____________________________________________________________________________

SUMMARY
The Parks & Recreation Department would like to implement a new Civic Center Park Rental Permit that enables members of the public to rent Civic Center Park for private events and activities.

RECOMMENDATION
Staff recommends the City Council:
• Adopt Resolution 2023-52 adopting a Civic Center Park Rental Policy that will allow members of the public to rent Civic Center Park and authorize the City Manager or designee to implement such policy and reasonable changes as necessary to provide for private events and activities.

FISCAL IMPACT
Undetermined. Park rental will generate revenue based on the fees assessed.

BACKGROUND
The Parks and Recreation Department periodically receives inquiries and requests to rent the Civic Center Park. The creation of a Civic Center Park Rental Policy will provide the guidance necessary to facilitate rentals. Fees from this new policy will be based on existing fees in the City’s Master Fee Schedule

Civic Center Park Rental Policy Page 2
For the Meeting of August 8, 2023

DISCUSSION/ANALYSIS
This special event policy will create an opportunity for members of the public to rent Civic Center Park to conduct private events or activities with an approved city permit. Examples of potential park rentals include family picnics, concerts, birthday celebrations or the use of the park for private special events. At this time, staff is proposing that only Civic Center Park be made available to the public for private events. Civic Center Park was chosen due to the availability of ample parking and the proximity to the Plummer Community Building and Senior Center Multipurpose Room, which are also available for public rentals. The procedures and requirements included in the proposed park rental policy are similar to the City’s current Facility Rental procedures which have been in place for years.

Some highlights of the policy include:
• A permit issued by the City of San Dimas will be required for any private event for which attendance of 50+ is anticipated.
• A permit issued by the City will be required for any private event proposing the use of amplified sound.
• Proposed events or activities must comply with all local laws and ordinances. • Only Civic Center Park may be rented for private use.

ALTERNATIVES
City Council could provide alternative direction to staff or not approve the rental policy.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Joseph Jones
Recreation Manager
Attachments:

1. Civic Center Park Rental Policy and Procedures

2. Civic Center Park Rental Event Application

3. Resolution Civic Center Park Rental Policy 2023-52

01171.0005/908609.1 0 | Page

CITY OF SAN DIMAS PARKS & RECREATION

RECREATION DIVISION

CITY OF SAN DIMAS PARKS & RECREATION

CIVIC CENTER PARK
Park RentalPolicy & Procedures
ATTACHMENT 1

01171.0005/908609.1 1 | Page
City of San Dimas
Parks and Recreation Department
(909) 394-6230

01171.0005/908609.1 2 | Page
Table of Contents

1. Policy Statement 3

2. Definition of Terms 4

3. Application Process 5 - 7

4. Liability & Insurance 7 - 8

5. Hold Harmless 9

6. Rules and Regulation of Park Use 9

7. Traffic and Parking 10

8. Use of Amplified Sound 10

9. Personal Vehicle and Maintenance 10

10. Special Event Banners & Signs 11

11. Park Maintenance 11

12. Discrimination Policy 11

13. Barbecue Pit 12

14. Fee Schedule 12

15. Cancellation Policy 12

01171.0005/908609.1 3 | Page

1. Policy Statement
This document sets forth the policies and procedures for the City of San Dimas to facilitate the use of Civic Center Park for private activities or events that wish to reserve exclusive use of the Park. The purpose of this Use Policy is to assure that the Civic Center Park is operated in a manner that best serves the residents of the City of San Dimas. It is intended to ensure that facility use is granted in a fair and equitable manner for activities, and events, which are recreational, social, and/or civic in nature, offering services of interest and need to the community. Fees charged for the use of the facility are intended to recoup on-going maintenance and operation costs of the facility.

I.1 Civic Center Park is the only City park that is available to the general public for rental for use for private events, subject to a permit issued by the Director of Parks & Recreation. Permits shall be required for the following: (a) special events with an anticipated attendance of 50 people or more; (b) free speech events with an anticipated attendance of 150 people or more; (c) events that will utilize amplified sound; (d) events that will include temporary structures requiring compliance with Building Codes; (e) events that are likely to need more parking than what is currently available at the Park.

I.2 Amenities in Civic Center Park shall be made available on a permitted basis to potentially include use of the stage, electricity, BBQ pit, and Civic Center parking lot. The Community Building and/or the Senior Center Multipurpose Room may also be rented in conjunction with the rental of Civic Center Park. Separate deposits may apply for additional facilities.

I.3 The City may charge fees to recover costs associated with the preparation, operation, maintenance, and/or supervision of a permitted special event as well as the administration of the policies and procedures which govern the Special Events Policy, as set forth by City Council resolution. Free speech events shall not be required to pay the permit fee.

I.4 Applications for special events in Civic Center Park will be considered on the basis of potential impact to parking, traffic, public safety, noise, park and facility maintenance and compliance with the San Dimas Municipal Code Title 13 and all State, County, Federal and local laws. Conditions may be included to mitigate such impacts.

I.5 The following shall not be required to obtain special event or free speech special event permits:

1.5.01 Special events or free speech events that are organized or coorganized by the City.

1.5.02 Spontaneous Events.

01171.0005/908609.1 4 | Page

2. Definition of Terms

2.1 Amplified Sound- Music or speech transmitted, projected, or amplified by equipment such as amplifiers, loudspeakers, megaphones, or similar devices, whether electronic or not.

2.2 Applicant- The person applying for use and agreeing to full responsibility for all activities pertaining to approved use. “Applicant” shall include the event Sponsor, if different.

2.3 Department- The City of San Dimas’ Department of Parks & Recreation.

2.4 Director- The Director of the City of San Dimas’ Department of Parks & Recreation, including their designee.

2.5 Free Speech Event- An event at which the expression of free speech rights is the principal purpose of the event, and that satisfies one or more of the following:
(1) attendance is anticipated to be 150 people or more; (2) the event requires the use of amplified sound; (3) the event may interfere with traffic or obstruct ingress or egress to a property or structure; (4) food will be distributed or sold at the event; or (5) the event will use a structure or equipment that requires a health and safety inspection. Examples of free speech special events include, but are not limited to: a protest, speech, or rally that requires traffic control; street performers; parades.

2.6 Mixed Free Speech Event- An event that have both a free speech component and a commercial component, or that may be open to the public for entertainment or cultural purposes; mixed free speech special events are not dependent on current events and require time and logistical support to organize and include, but are not limited to: (i) a concert; (ii) outdoor theater; (iii) an art fair.

2.7 Person- An individual, group, or entity of any kind whatsoever.

2.8 Special Event- Any organized gathering or social event, including a Mixed Free Speech Event, that: (a) is likely to have an attendance of 50 or more people; (b) will use amplified sound; (c) may interfere with traffic, ingress, or egress to any building or property; or (d) will entail structures or equipment that require health and safety inspections.

2.9 Sponsor- The person responsible for or organizing the special event.

2.10 Spontaneous Event- A free speech event occasioned by news or events coming into public knowledge fewer than 15 days prior to such event.

01171.0005/908609.1 5 | Page

3. Application Procedure

SPECIAL EVENTS

3.1 Each applicant requesting the use of Civic Center Park for a Special Event or Free Speech Event is required to submit the following information to the Parks and Recreation Department:

A. A completed Civic Center Park Rental Application form.

B. All applicants must present a valid California I.D. Applicant must be at least 21 years of age at time of reservation.

C. The payment of all applicable deposits and fees. Fees shall not be required of Free Speech Events and Spontaneous Events.

D. An original Certificate of Insurance with the limits as stated below and an Additional Insured Endorsement, naming the City as an additional insured and certificate holder. This requirement shall not apply to Free Speech Events, except parades.

E. An executed indemnification agreement, indemnifying and holding harmless the City from third party claims that may arise as a result of the Special Event. This requirement shall not apply to Free Speech Events, except parades.

F. If applicable, a copy of a permit from Los Angeles County Public Health, for the sale or distribution of food.

3.2 Upon approval of the Civic Center Park Rental Application, the City will issue a permit authorizing the requested use of Civic Center Park. City staff may attach Conditions of Approval to the permit as determined necessary for the protection of public health, safety, and welfare.

3.3 A site plan may be required detailing the layout of the event.

3.4 Submission Timelines.

A. An application for a Special Event permit (including a permit for a parade) shall be filed no earlier than 12 months and no later than 60 days prior to the start date of the Special Event. The Director may accept applications with a shorter lead time if, in their discretion, they deem that the City can process the application timely. An application for a Free Speech Event permit shall be filed no earlier than 12 months and no later than 15 days prior to the start date of the Free Speech Event. The Director shall timely notify the applicant if the application is incomplete.

01171.0005/908609.1 6 | Page
B. The Director shall issue, conditionally issue, or deny a permit within 21 days following the submission of a completed application for a Special Event or parade, and within 7 days following submission of a completed application for a Free Speech Event.

3.5. Conditions. The Director may include in a Special Event or Free Speech Event permit reasonable terms or conditions, as follows:

A. Time, place, and manner of the event, notice requirements, compliance with health and sanitary regulations, accommodations of pedestrian or vehicular traffic using the street, or emergency services.

B. Conditions relating to the use of amplified sound to minimize the interference with the quiet enjoyment of neighboring properties.

C. Conditions relating to maintaining the public property in the same or better condition after the special event. Conditions may address collection of trash, access to rest facilities, etc.

D. The Director may require a Special Event permit sponsor (including a parade permit holder) to provide a deposit to reimburse the City for the cost of repairs or habitat remediation needed because of the Special Event.

3.6. A Free Speech permit can be denied or revoked on any of the following grounds:

A. Applicant has provided false or misleading information; B. The event will conflict with other planned/permitted events in the Park; D. The event, as proposed, poses a threat to health and safety, and the impacts cannot be significantly mitigated by way of reasonable permit conditions. Adverse impacts include, but are not limited to, significant noise, traffic, parking, trash, as well as damage to the Park or any public property, infrastructure, or facility.

E. The use of police and/or fire resources to support the event will deny reasonable police and fire protection to the City.

F. The event conflicts with previously City-approved and/or scheduled construction, maintenance, or other activities.

G. The permit holder fails to comply with permit conditions, or the requirements of this policy.

3.7 A Special Event permit can be denied or revoked on any of the following grounds:

01171.0005/908609.1 7 | Page
A. Any of the grounds applicable to Free Speech Events, under Section 3.6.

B. Previous Special Event permit violations by the applicant or event sponsor.

C. The Applicant fails to provide proof of adequate insurance or fails to execute a hold harmless agreement prior to the start of the event.

D. The Director makes a finding, supported by substantial evidence, that the event will adversely impede the public’s reasonable use of City streets, sidewalks, walkways, pathways, and City parks.

APPEAL PROCEDURES
A. Special Events.

A decision regarding a special event permit application may be appealed in writing to the city manager within 10 days of the Director’s decision. The city manager shall make a decision on the appeal within 10 days of receipt of the appeal. The decision of the city manager shall be final, and is subject to judicial review pursuant to Section 1094.5 and 1094.6 of the Code of Civil Procedure.

B. Free Speech Events.

Any decision relating to the issuance of a Free Speech Event permit may be appealed to the city manager. The appeal must be in writing and must be submitted to the city manager’s office within 2 business days of the Director’s decision. The city manager shall decide the appeal within one business day.

The city manager’s decision shall be final. Decisions regarding a Free Speech Event permit are eligible for expedited judicial review pursuant to Section 1094.8 of the Code of Civil Procedure.

4. Liability and Insurance
Holders of a Special Event permit shall procure and maintain, at their own expense and for the duration of the event covered, comprehensive general liability and property damage liability insurance, against all claims for injuries against persons or damages to property which may arise from or in connection with the use of the facility by the user, its agents, representatives or employees in the amount of one million dollars ($1,000,000), combined single limit.

Insurance requirements shall not apply to Free Speech Events and Spontaneous Events.

4.1 All user’s insurance shall:

A. Name the City of San Dimas, its employees, officials, agents, (collectively hereinafter “City and City personnel”) as additional or co-insured on an endorsement.

01171.0005/908609.1 8 | Page
B. Contain no special limitations on the scope of protection afforded to City and City personnel.

C. Be the primary insurance and any insurance or self-insurance maintained by City or City personnel shall be in excess of the user’s insurance and shall not contribute with it.

D. Shall be “date of occurrence” rather than “claims made” insurance. Shall apply separately to each insured against the limits of the insurer’s liability.

E. Shall be written by insurance companies qualified to do business in California and rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VIII or better, unless such rating qualifications are waived by the City’s Risk Manager due to unique circumstances.

F. The applicant’s insurance policy must include a 30-day written cancellation notice.

4.2 Certificate of Insurance - The City of San Dimas requires the following information on all certificates and additional insured endorsements:

A. Wording must read exactly, with no exceptions accepted: “Additional Insured: City of San Dimas.”
B. Additional insured endorsements must accompany the Certificate of Insurance and indicate policy number, date, name of insurance company and name of “insured.”
C. Certificate must be an original. No copies will be accepted.

D. The original certificate of insurance (no copies) must be filed with the City of San Dimas not later than the date of final payment or 60 days prior to the event, whichever is earlier. If a certificate is not on file by this date, insurance fees will be added to the final payment.

E. Indemnification Clause -- To the full extent permitted by law, user shall defend, indemnify and hold harmless City, its officials, employees and agents, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the use of facility by user. All obligations under this provision are to be paid by the user as they are incurred by the City.

F. If the applicant is unable to provide adequate insurance, the City of San Dimas, for a fee, will make available Tenant/User insurance coverage.

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5. Hold harmless.

As a condition to the issuance of a Special Event permit, the Applicant shall agree to defend, indemnify, and hold harmless the City, its elected and appointed officials, employees, and agents, against losses and liabilities incurred from the conduct of the permittee, or its officers, employees, and agents, or claims or liabilities caused by, or arising out of any activities authorized by any such permit.

This section shall not apply to Free Speech Events and Spontaneous Events.

6. Rules and Regulations of Park Use

6.1 The main applicant and/or co-applicant must be present at all times during any applicant’s use of the City facilities.

6.2 Special Events can begin no earlier than 8:00 a.m. and must end no later than 10:00 pm, including clean up, unless written permission is granted from the Parks and Recreation Department to deviate from this schedule.

6.3 In addition to park reservation and applicable fees, a security/damage deposit of $500 will be required. If applicants use of facilities results in damage that exceeds the deposit amount, the applicant shall be charged for those expenses. If no expenses are incurred, the full deposit will be returned to the applicant.

6.5 Applications must be made for a minimum use of 2 hours.

6.6 Smoking and the consumption of alcoholic beverages are prohibited in all City Parks and facilities. All City, County, State and Federal ordinances must be observed. Refer to Title 13 in the City of San Dimas Municipal Codes.

Including:

6.6.1 No canopies over 10’ X 10’

6.6.2 No inflatable entertainment, jumpers included.

6.6.3 No open fire, BBQ grills included.

6.6.4 No roping off the area.

6.6.5 No portable toilets.

6.6.6 No petting zoos.

6.7 Applicants shall not transfer, assign, or sublet use of the permitted, facility, field or park or apply for use on behalf of another person or organization. Any infractions of this policy may result in the loss of the ability to rent City park, fields or facilities.

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7. Traffic and Parking

7.1 Applicants shall adhere to City parking regulations and shall provide "parking monitors" on special event days when attendance (over 50 vehicles) is anticipated.

7.2 The applicant is required to monitor parking to ensure that private driveways or property are not blocked. It is the applicant’s responsibility to ensure that attendees comply with the City’s parking regulations or any parking plan that is submitted by the application as a condition of approval.

7.3. Applicants must assure that participants and spectators are considerate and respectful of the residents that live adjacent to the Civic Center Park by utilizing designated public parking areas to the greatest extent possible.

7.4 No vehicles are allowed on City parks or outside of public parking areas, except those designated for parks maintenance or specifically permitted by the City.

7.5. Food trucks hired for an event are allowed as long as the vehicle is not parked in a public parking lot and they have a current San Dimas Business License. Vehicle must park on the street side.

8. Use of Amplified Sound
Use of amplified sound is permitted only between the hours of 8:00 am and 9:00 pm daily and must conform with noise limits identified in Section 8.36.040 of the San Dimas Municipal Code. If complaints regarding the volume of amplified sound are received, the City will monitor the volume and determine if adjustments or modifications in volume are required. If City staff is not present and a complaint is made to the Sheriff’s Department regarding noise, the Sheriff’s Department shall have the authority to ask the permit holder to turn down or cease the use of amplified sound. A notice or flyer must be provided to the surrounding neighborhood residents to alert of the noise.

9. Personal Vehicle and Motorized Cart Use

9.1 No unauthorized personal vehicles or motorized carts may be driven onto City parks for any reason.

9.2 For each rental, the applicant will be responsible to ensure the applicant’s patrons follows all City Rules and Regulations of Field/Park Use set forth in this policy related to motorized vehicle use and any vehicle prohibitions.

9.3 Failure to comply with any part of the personal vehicle and motorized unit use policy may result in the termination of a City-issued use permit and/or the suspension of the applicant’s ability to use any or all City parks, fields or facilities.

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10. Special Event Banners & Signs

10.1 Notices/banners/posters/fixtures/signs to be posted in City parks must receive prior approval from the City. All requests shall include dimensions, approximate design, location to be posted and quantity of the banners to be displayed for approval by the Parks and Recreation Department.

10.2 All notices/banners/posters/fixtures/signs hung, if in a language other than English, must include the same in English. Such signs or banners must be approved by the Parks and Recreation Department and must be included in the application process.

10.3 Banners shall be of uniform dimensions, design and quality. Banners must be approved in advance and hung on stage.

10.4 Applicants must submit a list of any private vendors that are providing services in a City park or facility as part of the proposed special event at least 30 days prior to the scheduled use.

11. Park Maintenance

11.1 The user accepts Civic Center Park in an “AS IS” condition.

11.2 The City will maintain or cause to be maintained the parks for public use.

Each applicant is responsible for the park(s) being free of any and all trash or debris upon the conclusion of each facility use, regardless if the trash or debris was deposited by their group or not. The cost associated with any cleanup performed by City staff will be deducted from the applicant’s security deposit.

Users are required to report any damage or acts of vandalism to the Department 909-394-6230 Monday through Thursday from 8:00 am to 5:00 pm or Sheriff's Department 909-450-2700 immediately. It is the policy of the City to prosecute to the fullest extent possible any individual committing acts of vandalism. In cases of emergency, call 911 and report to the staff liaison first working day following the incident.

12. Discrimination Policy
The City does not discriminate on the basis of sex, color, national origin or ancestry, age, marital status, sexual orientation, religion or disability. The equal protection clauses of the United States and California Constitutions prohibit a public agency such as the City from engaging in racial or ethnic discrimination. Over many years this prohibition has been interpreted to include events or activities that are permitted by the City.

Based on State and Federal constitutional and case law it is the policy of the City to prohibit and discourage discrimination in all the activities, facilities and services of

01171.0005/908609.1 12 | Page
the City. It is further the policy of the City to discourage discrimination by other individuals or organizations actively supported by or participating with the City in such activities, facilities, or services.

13. Barbecue Pit
BBQ pit is available on the NE side of Civic Center Park for use by permitted users for an additional fee. The BBQ pit is cleaned and prepped for use by City staff.

Applicant’s will have to bring all supplies needed to use the pit as Staff does not provide anything outside of cleaning and maintenance. User is required to have at least 10lbs of sand on site for fire suppression. In circumstances involving an overnight cooking event, user must have at least 1 person present at the pit at all times. Key to the lock will be provided on the first business day prior to the date of the reservation by Noon. Applicant must return the key by the next business after the rental by Noon. Applicant shall bear all costs for replacement of lost keys and new locks. Duplication of a key shall be considered unlawful and subject to prosecution.

14. Fee Schedule
A. Fees will be assessed per the rates listed in the “Community Facilities Rental Fees” schedule. A holiday surcharge of $25 will apply to any reservation scheduled on a holiday and/or the day observed by the City of San Dimas as holiday.

1. Observed Holidays – Martin Luther King, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day
B. A penalty fee will be assessed for any hours or portion thereof exceeding the closing time for each facility. That fee shall be assessed at the hourly rate plus fifty percent.

C. Final approval is granted upon payment of balance. No reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, site plan and insurance are obtained and paid. Facility reservation is subject to automatic cancellation if fees are not paid 30 days prior to scheduled event.

15. Cancellation Policy
Applicants may cancel a reservation with the following penalties applied:

A. Reservations cancelled 60-90 days prior to scheduled event will receive a refund of fees minus $50 or 50% of the rental deposit fee, whichever is less.

B. Reservations cancelled 31-59 days prior to scheduled event will receive a refund of fees minus $100 or the amount of the rental deposit fee, whichever is less.

C. Full rental deposit will be retained if a reservation is cancelled 30 days or less prior to scheduled event.

CIVIC CENTER PARK RENTAL APPLICATION
Applicant Information
APPLICANT/ORGANIZATION _______________________________________________ TITLE_____________________ ADDRESS _____________________________________ CITY ________________ ZIP __________ ID_______________ PHONE: (C) __________________ (O) ______________ Email: _____________________________ EXP _____________ CO-APPLICANT _______________________________________________________ TITLE ________________________ ADDRESS ______________________________________ CITY _______________ ZIP ___________ ID ______________ PHONE: (C) __________________ (O) ______________ Email: _____________________________ EXP______________ Est. Attendance: Adults ________ Youth (Under 21) _______ TOTAL Guests: __________ Requests: Stage use: YES NO Electricity/Lights use: YES NO BBQ Pit use: YES NO Admission Charge: $_______Proceeds for: ____________ Non-Profit 501 (C)3: YES NO ________________ Event Times
Will food be served at this event? YES NO Will food be sold at this event? YES NO Will food be: Catered Food Truck
If yes, how many (and must be indicated on event site plan)? ______________________________ Will you be using any temporary structures (i.e. EZ UPS, backdrops, soft-plays) YES NO If yes, please note may not exceed 10’ X 10’ (and must be indicated on event site plan).

Please describe: __________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Will the event have any vendors? YES NO Will you be selling any items? YES NO If yes, locations must be indicated on event site plan.

Please describe: __________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ DAY OF USE_______________________ DATE OF USE______________________________ TYPE OF ACTIVITY_______________________________________________________________ SET-UP: _______________AM/PM to ________________ AM/PM # Hrs. ______________ ACTIVITY: _______________AM/PM to ________________ AM/PM # Hrs. ______________ CLEAN UP: _______________AM/PM to ________________ AM/PM # Hrs. ______________ TOTAL Hrs. ______________
ATTACHMENT 2

Will the event require the use of sidewalks or street closures? YES NO If yes, please note an encroachment permit will be required from the Public Works Department.

Please explain: ___________________________________________________________________ ________________________________________________________________________________ Will the event use any signs/banners or special lighting equipment? YES NO If yes, how many? ____________ (and must be indicated on event site plan) Please explain:
____________________________________________________________________________ _____________________________________________________________________________ Do you plan to have any sound amplification: YES NO
Start time: ___________ Intermediate pause: __________ End: ________________ If yes, please describe type (i.e. band, karaoke, P.A. etc.) including the sound equipment:
_____________________________________________________________________________ _____________________________________________________________________________ Regardless of the type of event, submittal of a Special Event Permit Application does not automatically assure approval of the event. The application must be fully processed and approved by the City of San Dimas. You will be notified when your application has been approved (or denied). Once the approval process has occurred and your permit approved, we will provide you with the minimum standard Conditions of Approval for a Special Event Permit. All City, County, State, and Federal ordinances must be observed, review Title 13 Civic Facilities Municipal Codes.

Name: __________________________________________ Title: _____________________ (please print)
Signature: _______________________________________ Date: ____________________ Please attach an accurate site plan to this application STAFF ONLY: Fees
Deposit $___________________________
_____ hrs. @ $___________/hr $___________________________ BBQ _____ @ $_________/hr $___________________________
Liability Insurance $___________________________
Other ___________________ $___________________________
$___________________________ TOTAL FEES
RECEIPTS:

Deposit: $____________ Date: ____________ Cash/Ck#/Cr.Crd _________ Balance: $___________ Due Date: __________ Init:____ Payment: $____________ Date: ____________ Cash/Ck#/Cr.Crd _________ Balance: $___________ Due Date: __________ Init:____ Payment: $____________ Date: ____________ Cash/Ck#/Cr.Crd _________ Balance: $___________ Due Date: __________ Init:____ Payment: $____________ Date: ____________ Cash/Ck#/Cr.Crd _________ Balance: $___________ Due Date: __________ Init:____ COI Received: _________ Endorsement Policy: _________ Alliant: $__________ Date: _____________ REFUND: $ _____________ DATE: _______________ Comments: ______________________________________ (Initials): Calendar ______ EOD ______ Insurance ______ Refund ______ Manager______ Page 141 – 357 ATTACHMENT 3
RESOLUTION 2023-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, AUTHORIZING THE CREATION OF A CIVIC CENTER PARK RENTAL POLICY.

WHEREAS, the City of San Dimas has allowed some community groups to rent Civic Center Park for private events in the absence of a park rental policy; WHEREAS, the City Council directed staff to develop a park rental policy to provide guidelines for private rentals of Civic Center Park; WHEREAS, the City Council desired to have a park rental policy in place before prohibiting park rentals that were historically permitted prior to the development of a formal park rental policy;
WHEREAS, the adoption of a Civic Center Park Rental Policy will ensure consistency in the types of activities that will be permitted in the park; NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
San Dimas does hereby resolve that:

SECTION 1. the City Council approves the attached Civic Center Rental Policy and grants authority to the City Manager or designee to make reasonable changes to the policy without requiring City Council approval
SECTION 2. This Resolution supersedes any previous resolution that may conflict with the Civic Center Park Rental Policy.

PASSED, APPROVED AND ADOPTED this 8th day of August, 2023. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk

Resolution 2023 52 Page 2
Civic Center Park Rental Policy
August 8, 2023
I, Debra Black, City Clerk, hereby certify that Resolution 2023-52 was adopted by the City Council of San Dimas at its regular meeting of August 8, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Debra Black, City Clerk

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of August 8, 2023
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Informational Report Regarding Black Walnut Trees ____________________________________________________________________________

SUMMARY
At the January 10, 2023 meeting, the City Council directed staff to provide an informational report on Black Walnut Trees (Requested by Mayor Pro Tem Ebiner/Councilmember Nakano).

RECOMMENDATION
Staff recommends that City Council:

Consider the information presented regarding Black Walnut Trees and provide direction as appropriate.

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

BACKGROUND
At the January 10, 2023, City Council meeting, staff was directed to provide an informational report on Black Walnut trees in San Dimas.

DISCUSSION/ANALYSIS
Juglans Californica, the California black walnut tree, also called the California walnut tree, or the Southern California black walnut tree, is a large deciduous multi-trunk shrub or small tree of the walnut family, Juglandaceae, endemic to the Central Valley and the Coast Range valleys from Northern to Southern California. It has thick bark, deeply channeled or furrowed at maturity. It has large, pinnately compound leaves with 11-19 lance-shaped leaflets with toothed margins and no hair in the vein angles. It has a small hard nut in a shallowly grooved thick shell that is difficult to remove. Black walnut trees have a moderate growth rate and grow to a mature range of twenty

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to fifty feet in height with a rounded canopy form. They can live for decades and have been known to live for a century. Today, the California Black Walnut is recognized as a threatened species due to the loss of habitat from development, overgrazing, and increased recreational use of walnut woodlands. The City maintains five black walnut trees in its inventory. The majority of black walnut trees can be found primarily in open spaces throughout the City.

Below are responses to specific questions posed by City Council members:
 What is the overall status of black walnut trees and why is there a dispute or discrepancy of their status (endangered, threatened, etc.)? The Southern California Black Walnut stands are considered to be rare and threatened in California. Southern California Black Walnuts are currently classified as “near threatened” by the state of California and thus have some legal protections by the California Department of Fish and Wildlife and the California Environmental Quality Act. They are specifically protected by municipal code in several jurisdictions in Los Angeles County (City of Los Angeles, City of Chino Hills, City of Glendale, City of Walnut) and on Los Angeles County open space land but are not specifically protected by the San Dimas Municipal Code.
 What is generally required of black walnut trees for maintenance purposes and why have they not been maintained? What happens if black walnut trees are not maintained?
Black Walnut trees require very little maintenance other than occasional pruning of dead wood and trimming back to maintain clearance of structures for fire control. This is the same whether it is a single tree or a stand of trees. Trees that are not maintained will still thrive in their natural state as they are native to our environment. They need occasional pruning to remove dead or damaged limbs as the tree matures, otherwise there is no need to prune.  Do cities typically maintain black walnut trees, or do we defer to HOAs when they are on private land?
The City of San Dimas maintains City owned/Community trees that are in public areas. This includes black walnut trees. Trees located on private property are the responsibility of property owners or homeowners’ associations. Per Section 18.162.030 of the SDMC, a permit is required to remove trees on undeveloped private property. Similarly, a review by the Director of Development Services is required to remove trees on developed property (SDMC 18.162.040).

The Director of Community Development may also refer the matter to the Development Review Board for review.
 What is the cost to maintain black walnut trees? (Council member Nakano) The City’s contractor charges $79.25 to trim any tree in the City’s inventory (with the exception of palm trees). This includes black walnut trees.
 What kind of dangers do black walnut trees pose relative to fire danger? Per the US Forest Service, black walnut trees recover well from fire. They sprout vigorously from the trunk and root crown when top-killed by fire. Southern California walnut trees have large woody platforms at the soil surface. The platforms shield the meristematic tissue beneath them

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from fire. After fire, sprouts surround the platforms, resulting in multiple trunks that can lead to the re-growth of a tree.
 Have any animals or dogs been hurt by black walnut trees? Staff has no record of any animals or dogs sustaining any injuries from black walnut trees that are owned or maintained by the City.
 Are black walnut trees poisonous to other creatures?
Yes. Juglone is a substance that is secreted by black walnut trees and is a strong respiratory toxin to animals. Consequently, small amounts of juglone can damage living creatures. Every part of a black walnut tree contains juglone, which is the substance that inhibits the growth of other plants near black walnut trees. The chemical juglone is at its highest concentrations in the black walnut roots, tree buds, and in the shells of the black walnuts themselves. Juglone is toxic to several other plant species because it inhibits their respiration, reducing the level of the energy that enables them to gather nutrients and ingest water. Black walnut trees are considered allelopathic, which means that the toxins in walnut seeds typically prevent other plants from growing under this tree. There is at least one study that shows that these toxins repel various invasive mustard species which can help in preventing noxious weed growth in stands of black walnut trees.  Where are black walnut trees located? Are they in places where they are in close proximity to homes, on City land, or on private land? Are there are any trees that are blocking pathways or trails?
Black Walnut trees are native to this geographic region. They grow naturally and can be found primarily in the hilly regions of the city including Via Verde, Bonelli Park, Walnut Creek and the area north of Foothill Boulevard. The majority of these locations are designated parklands and scenic easements/open space areas within the common areas of homeowner associations. The trees are also present randomly throughout the City on private residential properties. CIty staff is unaware of any City trees blocking public pathways or trails.  Are any black walnut trees dead, diseased, dying or stressed? The City’s black walnut trees are healthy and thriving. Black walnut trees can be found throughout the City in various stages of growth and lifespan. Staff only monitors the status of City-owned trees and cannot speak on the condition of privately-owned trees.  Is there concern that maintenance on these trees would cause harm to trees or the environment?
No. Trees on public property are maintained by the City in accordance with the Community Forest Management Plan, which is grounded in best practices in tree care that are promulgated by the International Society of Arborists. Trees (of any species) can be harmed if they are not properly maintained.
 Would removal of these trees harm local flora and fauna? If so, what is the impact?

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No. The trees could be removed without harming local flora or fauna. However, the removal of black walnut trees could contribute to increased erosion in some locations.  Were these trees planted by the city or were they there prior to development? Both. Some black walnut trees in City parks were planted by the City and many are naturally occurring throughout the City. Staff cannot verify the status of privately-owned trees.  How many total trees are we talking about both in the HOA and across the city? The City maintains an inventory of five black walnut trees. Staff does not know the total number of trees within the City limits as we do not inventory privately-owned trees.  Are there other trees in addition to California oaks that receive special considerations or protections? If so, what other trees do and what protections do they receive?
In the City of San Dimas, oak trees are the only specific tree species that is protected by Section

18.162.020 of the SDMC. Per Section 18.162.060 of the SDMC, a permit issued by the Director of Development Services is required to remove or relocate any oak tree on private property which measures eight inches or more in trunk diameter. Additionally, Section 18.162.110 of the SDMC protects mature and significant trees of any species based on size. Mature and significant trees are natural aesthetic resources which help preserve the natural environment and protect the City’s native plant life heritage for the benefit of all citizens.  Does state, county, or local protection differ if the trees are located in an area that Los Angeles County has designated as a Significant Ecological Area? Do any other cities provide for protection or guidance on Black Walnut trees at the local level? The Southern California black walnut stands are considered rare and threatened in California.

Southern California Black Walnuts are currently classified as “near threatened” by the state of California and thus have some legal protections afforded by the California Department of Fish and Wildlife and the California Environmental Quality Act. The trees are specifically protected by municipal codes in several jurisdictions in Los Angeles County (City of Los Angeles, City of Chino Hills, City of Glendale, City of Walnut) and on Los Angeles County open space land but are not specifically protected by the San Dimas Municipal Code.  Is protection or guidance affected by the text of the Municipal Code for the zone or Specific Plan, or parts thereof, where the trees are located? No. The San Dimas Municipal Code does not afford any special protections to black walnut trees, regardless of their location on public or private property.  Who did you consult in your research of black walnut trees and why? Staff consulted the USDA/National Forest Service, State Department of Fish and Wildlife and International Society of Arborists/Jepson Manual in providing responses to the City Council’s questions. Staff also consulted the San Dimas Municipal Code.

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ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Scott Wasserman, Director of Parks & Recreation
Attachments:

1. Photos of Black Walnut Trees

Attachment 1- Photos of Black Walnut Trees
Scientific name: Juglans Californica
Size: about 20–49 feet
Family: Juglandaceae
Kingdom: Plantae
Genus: California black walnut Genus

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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of August 8, 2023
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Discussion and Direction on Artwork Project for the Gold Line Bridge at the Intersection of Cataract and Bonita Avenues
____________________________________________________________________________

SUMMARY
Staff is providing an update on the project to develop and install artwork on the Gold Line Bridge and is seeking City Council direction regarding proposed contracts with the artist and Metro Gold Line Foothill Extension Construction Authority regarding the artwork; the overall project budget; project timeline, and the requirements of Los Angeles Metropolitan Transportation Authority (LA Metro) and the Gold Line Foothill Extension Construction Authority to complete the project.

RECOMMENDATION
City staff requests that the City Council provide direction for the following:
• Proposed Agreement with Metro Gold Line Foothill Extension Construction Authority • Proposed agreement with the artist, Keith Batcheller (”Artist”) • Proposed design for the artwork
• Project timeline
• Allocation of $96,000 to complete the project

FISCAL IMPACT
The fiscal impact is dependent on City Council action. The City Council allocated $20,000 from Fund 73 (Proposition C Funds) at its meeting of August 10, 2021, to complete the bridge art project. The total project cost is projected to be $116,000, which includes payment to the artist ($74,000) and the fabrication and shipping of tile art ($42,000). If the City Council wishes to proceed with the project, a supplemental budget allocation of $96,000 from Fund 73 (Proposition C) will be required.

Los Angeles Metro Bridge at the Intersection of Cataract and Bonita Avenue Page 2 For the Meeting of August 8, 2023

BACKGROUND
On August 30, 2018, the City of San Dimas and the Metro Gold Line Foothill Extension Construction Authority (Construction Authority) executed a Settlement Agreement, settling the lawsuit the City had filed against the Construction Authority under the California Environmental Quality Act. In the Settlement Agreement, the parties agreed on a process for determining the design of the Gold Line Bridge at Bonita/Cataract. The Settlement Agreement does not mention any artwork mural on the Bridge. The settlement agreement is provided for the City Council’s review as Attachment 1.

Subsequent Construction Authority plans for the Bridge in 2019 and 2021 designate four panel areas on the Bridge for artwork, with a notation “City to provide graphic.” One of these designs depicting the location of the proposed artwork is provided as Attachment 2. The bridge design includes four (4) 10’ wide x 15’ high x 2” deep recessed areas to display artwork on each wall.

The City has tentatively agreed to provide and pay for the artwork. The Construction Authority has tentatively agreed to install the artwork. It is unclear who is responsible to maintain the artwork once it is installed. The 2018 Settlement Agreement states, “The City acknowledges that once the Project is completed that, if required by LA Metro, it shall be responsible for, and shall reimburse LA Metro for all costs incurred by LA Metro related to the maintenance of certain aesthetic components of the New Design.” However, the “New Design” defined in the Settlement Agreement was never built, and the agreement does not indicate which “certain aesthetic components” the City might be responsible to maintain.

At the January 12, 2021 City Council meeting, Council members Vienna and Weber were appointed to the Ad-Hoc Committee for the selection of the bridge artwork. Since then, the AdHoc Committee has worked with staff to develop criteria for the artwork and issue a Request for Proposals (RFP) to select an artist. The City received two responses to the RFP; however, only one response from artist Keith Batcheller met the criteria outlined in the RFP. The proposed design is included in this report as Attachment 3.

City staff has been negotiating the terms of an agreement with the Construction Authority to install and maintain the artwork on the Bridge. As new issues have been identified during the negotiation that require City Council direction, staff is returning to the City Council to discuss the issues and seek the City Council’s guidance in moving forward with the artwork project.

DISCUSSION/ANALYSIS
To move forward with the project, staff prepared a draft agreement between the City and the Construction Authority. The Construction Authority has reviewed the draft agreement and provided comments. There are several major issues which require direction from the City Council:

1. Maintenance of Artwork- The Construction Authority (or LA Metro after the project is completed and the Bridge ownership is transferred to LA Metro) has indicated that it will perform routine graffiti removal on the tiles following installation. However, in the event of a cracked tile, vandalism or significant damage, the City would need to reimburse the Authority/Metro for all maintenance and repair costs for the murals.

Los Angeles Metro Bridge at the Intersection of Cataract and Bonita Avenue Page 3 For the Meeting of August 8, 2023

2. Art Media - After researching various art media, staff recommends installing the artwork on ceramic tiles that can be affixed to the bridge. The use of tiles eliminates the need for costly engineering calculations that would be needed to hang painted murals on metal sheets, as originally envisioned. Additionally, the ceramic tiles are durable, allow for higher quality artwork and the Authority has expressed a willingness to install the tiles on the bridge at its expense.

3. Project Timeline – If the City Council wishes to proceed with the project, the Authority stipulates that it must receive the artwork on tiles no later than October, 2024. Staff does not foresee any obstacles adhering to the timeline.

Additional Requirements of LA Metro and the Construction Authority

1. Term of Contract - Staff’s preference is to finalize an agreement that requires the Construction Authority and LA Metro to maintain the murals and keep them on display indefinitely (for the life of the Bridge).

However, the Construction Authority desires the term of the agreement with the City to expire once the artwork is installed. Under this scenario, the Authority will have the sole right to change or remove the murals at its discretion at any time, even immediately after they are installed, and the City would have no legal recourse. Staff’s preference for a contract term that requires the authority to keep the artwork in place indefinitely was rejected by the Construction Authority.

2. Agreement Structure – Staff recommends utilizing a standard formal Agreement that is developed by the City Attorney for the artwork project, which will be signed by representatives of each organization.

However, the Construction Authority has expressed a preference for a less-structured letter agreement that does not contain any signatures. A letter agreement is less formal and offers less protection to the City. A representative from the Authority cites concern about the lengthy Gold Line Board and/or LA Metro Board approval process that would be required to finalize a formal agreement in a timely manner.

3. Inclusion of Insurance/Indemnification Language – The Authority is asking to remove the indemnification and insurance requirements from any contract with the City and instead use the existing insurance and indemnification language from the City’s 2015 Cooperative Agreement with Gold Line that is still in effect for the construction of the bridge. Staff does not have any objection to insuring the artwork through the existing cooperative agreement from 2015.

4. Artist Contract – The City will need to sign an agreement with the artist to develop and provide the artwork for the project. However, as the murals will ultimately be displayed on the Authority’s infrastructure, the Authority has asked to be a party to the agreement with the artist. Essentially, this means that the City’s agreement with the artist is subject to approval from the Authority. The Authority must approve the artist‘s scope of work, artwork design, and ensure that any cultural representation in the artwork is acceptable.

ALTERNATIVES

1. Proceed with the Project – If the City Council wishes to proceed with the project, a supplemental budget allocation of $96,000 will be required. Under this scenario, staff would return at a future date to seek the City Council’s approval for the budget amendment; selection of the artist (i.e. the

Los Angeles Metro Bridge at the Intersection of Cataract and Bonita Avenue Page 4 For the Meeting of August 8, 2023
award of contract) and approval of the design for the artwork. The City Council would also need to indicate if it wishes to proceed with a letter agreement, as preferred by the Authority, or if it would only proceed with the project using a full agreement as is typical with most inter-agency capital projects.

2. Temporarily Postpone the Project – The City Council may wish to postpone the project, given anticipated budget deficits projected over the next three years. Under this scenario, the City would reserve the right to proceed with the project at a future date.

3. Eliminate the Project – The City Council may decide to permanently eliminate the project.

Under this scenario, no Proposition C transportation funds would remain available for other potential uses.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Scott Wasserman
Director of Parks & Recreation
Attachments:

1. Settlement Agreement

2. Bridge Rendering

3. Proposed Design for Artwork

4. Draft Redlined Agreemnt with LA Metro

Attachment 1

Attachment 2

Attachment 3

01171.0001/805167.10 1
[DRAFT] AGREEMENT FOR PLACEMENT

AND DISPLAY OF ART MURALS ON BONITA AVENUE BRIDGE
This AGREEMENT FOR PLACEMENT AND DISPLAY OF ART MURALS ON BONITA AVENUE BRIDGE (“Agreement”) is made by and between CITY OF SAN DIMAS, a municipal corporation (“City”), and METRO FOOTHILL GOLD LINE EXTENSION CONSTRUCTION AUTHORITY, a public entity of the State of California (“Metro”). City and Metro are sometimes jointly referred to as the "Parties" and individually as a "Party."
RECITALS:

A. City and Metro signed that certain Settlement Agreement on August 30, 2018 concerning modification of the design of the new light rail bridge to be built over the intersection of Bonita Avenue/Cataract Avenue in City (“Bridge”). Upon its completion, Metro will be the owner of the Bridge. Metro anticipates that prior to operation of the Gold Line, ownership of the Bridge will be transferred by Metro to the Los Angeles County Metropolitan Transportation Authority ("LA Metro”).

B. City and Metro desire to locate four (4) art murals, to be made of printed tiles and depicting San Dimas’s history (“Art Murals”), on the Bridge. The Art Murals have been commissioned by City and will be provided by City to Metro for installation with Metro assuming ownership of the Art Murals upon installation.

C. The Bridge is depicted in Exhibit A (“Bridge Property”). The location of the Art Murals on the Bridge is specified in Exhibit B (“Art Murals Locations”).

D. Metro Art Guidelines, which have been met by City for the design of the Art Murals, are specified in Exhibit C. The design of the art/graphics, fabrication process of the art tiles and tiles specifications, which are depicted in Exhibit D, have been submitted by City to Metro and approved by Metro.

E. The Parties now wish to enter into this Agreement to specify the rights and responsibilities of each Party with respect to the installation and display of the Art Murals on the Bridge.

NOW, THEREFORE, the Parties agree to the following:

1. RECITALS. The recitals above are hereby incorporated herein and made a part of this Agreement.

2. EFFECTIVE DATE. This Agreement shall be effective upon approval and execution by both Parties (“Effective Date”).

Attachment 4

01171.0001/805167.10 2

3. INSTALLATION OF ART MURALS. Upon installation of the Art Murals on the Bridge pursuant to Section 7.2.2, the Art Murals shall remain on the Bridge for the Term (as defined in Section 5). After installation of the Art Murals, any modification or replacement of the Art Murals by City shall require prior written approval of Metro provided that such written approval shall not be unreasonably withheld, conditioned or delayed.

For the purposes of this Section, “modification” does not include the following:
maintenance of the Art Murals pursuant to Section 7.2.3; removal of the Art Murals by City pursuant to Section 9.2; and replacement of the Art Murals by City pursuant to Section 11.

4. OWNERSHIP OF ART MURALS. Upon delivery of the Art Murals as provided in Section 7.1.2 below, Metro and its successors and assigns shall assume ownership of the Art Murals.

5. TERM. The term of this Agreement shall commence on the Effective Date and continue for the lifetime of the Bridge (“Term”) subject to early termination pursuant to Section 9.

6. CITY ACCESS TO BRIDGE. After the Effective Date, Metro shall permit City and its contractors to access the Bridge wing walls as reasonably necessary for the development of the Art Murals. Additionally, City shall be allowed access to the Bridge area for maintenance and repairs of the Art Murals as provided in Section 7.2.

7. OBLIGATIONS OF EACH PARTY.

7.1. City Obligations.

7.1.1. Area Measurement and Graphic Development. City shall perform measurement of the recessed wall area on the Bridge to calculate the art/graphics area for tile fabrication for the Art Murals. City shall perform other activities necessary for art/graphics development for the Art Murals and proof of concept.

7.1.2. Provide Art Murals To Metro. City shall deliver four (4) Art Murals of fabricated art tiles at its cost to Metro for the Bonita/Cataract Bridge (“Art Mural Tiles”).

7.2. Metro Obligations.

7.2.1. Storage. Metro shall provide secure storage for the fabricated Art Mural Tiles furnished by City until installation.

7.2.2. Installation. Metro shall install, at its sole cost and expense, the Art Mural Tiles in accordance with the manufacturer installation specifications. Installation of the Art Murals Tiles shall be completed no

01171.0001/805167.10 3
later than ninety (90) days following delivery of the Art Murals Tiles from City.

7.2.3. Maintenance. Metro shall be responsible, at Metro’s sole cost and expense, to maintain and repair the Art Murals for the Term, including, but not limited to, promptly removing graffiti placed upon the Art Murals.

The materials used to maintain, restore, repair or replace any portion of the Art Murals shall be agreed to by the Parties from time to time in writing. At City’s sole discretion, City may enter upon and access the Bridge area for the purposes of maintaining, removing graffiti, or repairing the Art Murals if Metro has failed to do so after thirty (30) days written notice from City that the Art Murals require maintenance, graffiti removal or repair.

8. PROJECT MANAGEMENT.

8.1. Metro Project Manager. For purposes of this Agreement, Metro designates the following individual as its Project Manager:

Tanya Patsouras, ___________
Metro Foothill Gold Line Extension Construction Authority 406 East Huntington Dr, Suite 202
Monrovia, CA 91016
626-305-7039
[email protected]

8.2. City Project Manager. For purposes of this Agreement, City designates the following individual as its Project Manager:

Chris Constantin, City Manager
City of San Dimas
245 E Bonita Ave, San Dimas CA 91773
909-394-6200
[email protected]

8.3. Change of Project Manager. Either Party may change its Project Manager or contacts upon written notice to the other Party.

9. EARLY TERMINATION.

9.1. By Metro. This Agreement may be terminated by Metro with City’s written consent upon Metro’s showing of either of the following: (i) that the Bridge needs to be substantially remodeled or altered in a way that precludes continued display or maintenance of the Art Murals; or (ii) that circumstances have materially changed and the continued existence of the Art Murals or

01171.0001/805167.10 4
maintenance of the Art Murals substantially impedes Metro’s reasonable use and enjoyment of the Bridge.

9.2. By City. City may terminate this Agreement at any time and for any reason, upon sixty (60) days prior written notice to Metro (“Termination Notice”). Upon delivery of the Termination Notice, Metro expressly agrees that the Art Murals may be removed by City at its sole discretion, that ownership of the Art Murals will be transferred to the City, and the Art Murals Location restored to its condition prior to installation of the Art Murals at Metro’s sole expense. Such removal shall occur within sixty (60) days of the Termination Notice, unless this period is extended by mutual written agreement of the Parties.

10. DESTRUCTION OR REMOVAL OF ART MURALS BY METRO. The Art Murals shall not be removed from the Bridge by Metro without the prior written approval of City, which approval may be withheld in City’s sole discretion. In addition to any other remedies provided in this Agreement or under applicable law, in the event that the Art Murals are destroyed, damaged, or removed from the Bridge by Metro without City’s prior written approval, City shall have the right to (i) require Metro, at Metro’s sole cost, to replace the Art Murals with substitute Art Murals of a comparable quality and value as determined in the sole and absolute discretion of City or (ii) replace the Art Murals with substitute Art Murals of similar design and comparable quality and value as determined in the sole and absolute discretion of City and charge Metro with the cost thereof, including all costs incurred in connection with enforcing this Agreement or in collecting such amounts from Metro.

11. REPLACEMENT OF ART MURALS. City, in its sole and absolute discretion, shall have the right to replace the Art Murals at any time with different works of art. In the event of replacement of the Art Murals with different works of art, the design of the replacement artwork shall be subject to the reasonable approval of Metro. In the event of the replacement of the Art Murals, City shall obtain an Artist Waiver in accordance with Section 14.

12. DEFAULT. In the event a Party does not comply with any obligation under this Agreement (“Defaulting Party”), the other Party (“Non Defaulting Party”) may send a written notice specifying the issue and the Defaulting Party shall have thirty (30) days to cure such matter. If the Defaulting Party fails to cure the default in the specified time period, the Non Defaulting Party shall have all rights and remedies permitted at law or in equity including, without limitation, the remedy of specific performance. In addition to the foregoing the Non Defaulting Party shall have the right to cure such default and charge the other Party with the cost thereof, including all costs incurred in connection with enforcing this Agreement. Any amounts due to the Non Defaulting Party shall be fully due and payable within ten (10) days of receipt of written notice to the Defaulting Party. If not paid within the specified time period, such amount shall commence to bear interest at the rate of ten percent (10%) per annum until paid in full.

01171.0001/805167.10 5

13. SUCCESSORS AND ASSIGNS. The obligations of Metro under this Agreement and shall be binding on Metro’s successors and assigns, including LA Metro, and shall be binding upon all successors and assigns acquiring any right, title and interest in and to the Bridge Property.

14. ARTIST WAIVER. The City will enter into an agreement with the artist of the Art Murals (“Artist”), wherein the artist waives his rights under the federal Visual Artists Rights Act (“VARA”) and the California Art Preservation Act (“CAPA”).

15. INSURANCE. Metro shall include City as an additional insured under Metro’s policy of comprehensive general liability insurance together with a Broad Form CGL Endorsement and insuring against contractually assumed liability which shall specifically insure Metro’s indemnity obligation under Section 16 below. The policy of insurance shall have a combined single limit liability of One Million Dollars ($1,000,000).

All insurance policies provided in this Section shall provide that such insurance may not be amended or canceled without providing thirty (30) days written notice by registered mail to City. The cancellation clause shall read “SHOULD ANY OF THE

ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY SHALL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.” In the event any of such policies are canceled, Metro shall, prior to the cancellation date, submit new evidence of insurance in conformance with the requirements of this Section 15.

Metro shall provide City with Certificates of Insurance evidencing the insurance coverages and policies required hereunder prior to the expiration of the existing policy. Metro agrees that the existence of any insurance shall not limit or otherwise affect Metro obligations under this Agreement.

In the event the Risk Manager of City determines that the work or services to be performed under this Agreement creates an increased or decreased risk or loss to City, Metro agrees that the minimum limits of the insurance policies required by this Section 15 may be changed as designated upon receipt of written notice from City.

16. INDEMNIFICATION. To the fullest extent permitted by law, Metro shall indemnify, defend and hold harmless City and all of its officials, employees, agents, contractors and volunteers (“Indemnified Parties”) from and against any and all actions, suits, claims, damages, losses, costs, penalties, expenses including attorneys’ fees and costs, obligations, errors, omissions or liabilities (collectively “Claims or Liabilities”) arising out of or in any way connected with any act, omission or negligence of Metro, its agents, employees or contractors, or from the existence of the Art Murals on the Bridge, or related to this Agreement, including, without limitation, bodily injury to or death of persons, injury or damage to property and attorneys’ fees, but excluding such Claims or Liabilities resulting solely from the

01171.0001/805167.10 6
willful misconduct of City, its officers, agents, representatives or employees who are directly responsible to City.

17. NOTICE. All notices shall be in writing and delivered personally, by overnight air courier service, by facsimile transmission or email, or by U.S. certified or registered mail, return receipt requested, postage prepaid, to the Parties at their respective addresses set forth below, and the same shall be effective upon receipt if delivered personally, one (1) business day after depositing with an overnight air courier:

City: City of San Dimas
E. Bonita Ave.

San Dimas CA 91773
Attn: City Manager
with copy to: City of San Dimas
E. Bonita Ave.

San Dimas CA 91773
Attn: City Attorney
Metro: Metro Gold Line Foothill Extension
Construction Authority
406 East Huntington Drive, Suite 202
Monrovia, California 91016
Attn: Executive Director
with copy to: Metro Gold Line Foothill Extension
Construction Authority
406 East Huntington Drive, Suite 202
Monrovia, California 91016
Attn: General Counsel
Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section 18.

18. INTERPRETATION. If an ambiguity or question of intent or interpretation arises, then the terms of this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof will arise favoring or disfavoring either Party to this Agreement by virtue of the authorship of any of the provisions of this Agreement.

19. MODIFICATION. Except as otherwise provided, this Agreement may not be modified, terminated or rescinded, in whole or in part, except by a written instrument duly executed and acknowledged by the Parties hereto, their successors or assigns.

20. GOVERNING LAW. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California without regard to conflict of law principles.

01171.0001/805167.10 7

21. ATTORNEYS’ FEES. In any action between the Parties seeking enforcement of any of the terms and provisions of this Agreement, the prevailing Party in such action shall be awarded, in addition to any damages, injunctive or other relief, its reasonable costs and expenses, including attorneys' fees.

22. SEVERABILITY. All provisions of this Agreement are severable and the invalidity or unenforceability of any provision shall not affect or impair the validity or enforceability of the remaining provisions.

23. COUNTERPARTS. This Agreement may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document.

24. AUTHORITY. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing under the laws of the State of California, (ii) such person is duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

25. EXHIBITS. The following exhibits are attached hereto and incorporated herein by reference.

Exhibit A Depiction of Bridge Property
Exhibit B Art Location Specification
Exhibit C Metro Art Guidelines for Materials and Finishes Exhibit D Proposed Design and Tile Specification
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates specified below.

CITY: METRO:

CITY OF SAN DIMAS, a municipal
corporation
By: ____________________
Chris Constantin
City Manager
Dated: ______________, 2022

METRO FOOTHILL GOLD LINE

EXTENSION CONSTRUCTION
AUTHORITY, a public entity of the State
of California
By: ______________________
Habib F. Balian
Chief Executive Officer
Dated: ___________________, 2022

01171.0001/805167.10 8
ATTEST:
__________________________
Debra Black, City Clerk
ATTEST:
__________________
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By: _____________________
Jeff Malawy, City Attorney
APPROVED AS TO FORM:
__________________________
___________________, General Counsel

01171.0001/805167.10 1

EXHIBIT A

DEPICTION OF BRIDGE PROPERTY

Exhibit A: Bridge Rendering Page 179 – 357
01171.0001/805167.10 1

EXHIBIT B

ART LOCATION SPECIFICATION

EXHIBIT B - Art Mural Location

01171.0001/805167.10 1

EXHIBIT C

METRO ART GUIDELINES FOR MATERIALS AND FINISHES

Metro Art Guidelines for Materials and Finishes
January 2017
Background
These guidelines are intended to assist artists in identifying appropriate approaches to artwork materials, finishes and locations prior to the development of artwork proposals. The guidelines are a detailed component of Metro's Rail and Bus Rapid Transit Design Criteria and reflect lessons learned over many years of maintaining public art in the Metro system.

Commissioning artists and installing artworks at stations and facilities are the end results of selection processes that include the participation of community representatives and arts professionals. Great efforts are taken to ensure the artwork’s longevity for the enjoyment of Metro passengers and for generations to come.

Permanency, for these guidelines, shall be defined as works of art intended to be in public display, and serving their intended purposes, for a period of no less than 25 years.

Materials and Finishes
In order to protect the agency’s assets, and to ensure the safety and longevity of the art collection throughout the transit system, the Metro Art program coordinates with multiple agency departments to review art proposals for safety, constructability, maintainability, durability, ADA accessibility, security and operational impacts. Artwork fabrication and installation details are scrutinized, with a special attention to materials and finishes.

Locations
Location, fabrication and material considerations are key factors that impact artwork longevity.

Metro Art program staff coordinates with artists, project design professionals, agency departments and others to identify and optimize artwork locations for aesthetic impact, while meeting durability, maintenance and budget requirements. Metro Art provides final approval of all artwork locations.

Artists are required to discuss their art concept proposals with Metro Art representatives at the initial stages of concept development and prior to concept proposal presentation. Artists shall design artworks that allow ease of access for regular maintenance and repairs and future removal and re-installation without significant damage to the artwork or existing station materials and finishes.

Collectively, these measures assist to alleviate Metro’s operational and maintenance costs and increase the longevity of artworks in the transit system. Metro Art will periodically update these guidelines based on innovations in product development, fabrication processes, lessons learned as well as input from the transit field.

EXHIBIT C

Metro Art Guidelines for Materials and Finishes 2
List of Materials
The following list includes general observations based on Metro experiences within the transit system. Artwork feasibility reviews and in-depth conversations between Metro Art program representatives and artists contributes to successful art projects. Artworks shall not be created, located or function in a way that requires them to meet or substitute for life/safety criteria such as minimum foot-candle levels, exit gating, handrails, etc.

Audio/Acoustic/Sound
• Artworks depending wholly or partially on sound (wind, water driven, mechanical, chimes, cables and other devices) are not recommended and may require extensive acoustical analysis and community input.
▪ Permanent artworks depending wholly or partially on electronic based audio/sound and its associated equipment and technology are not acceptable.

Concrete
Concrete is a durable material in a variety of finishes, textures and colors, which may be used for paving, relief work, sculptures, formwork and other creative applications. Including:
• Glass fiber reinforced concrete (GFRC).
• Formwork panels.
• Cast and pre-cast concrete.
▪ Lithocrete/Glasscrete/Syndecrete (proprietary names for a variety of concrete systems seeded with decorative aggregates) is not recommended for station platform paving, but may be considered for interior/exterior vertical applications on a case-by-case basis and may be permissible in secondary, less trafficked area.

Electronic/Digital
▪ Permanent artworks depending wholly or partially on electronic, digital, video, film, new media or computerized elements are not acceptable due to interference from intrusive magnetic dust produced in the transit environment, requirements for frequent equipment replacements and updates and the need for specialized skills to maintain these artworks in continuous working order.

Glass
A durable material with a wide variety of product finishes, textures and colors with possible interior and exterior applications such as:
• Fused glass.
• Hand painted, screened imagery, airbrushed and fired. • Ceramic frit.
• Etched/sandblasted.
• Glass smalti/cake, mosaic.
• Cast and slumped glass may be considered in some protected locations and may be permissible on a case-by-case basis.

Graffiti Coatings

Metro Art Guidelines for Materials and Finishes 3
Upon installation of new artworks, Metro requires application of sacrificial graffiti abatement coatings. Abatement coatings shall be in accordance with Metro approved specifications for the use of Metro’s current graffiti abatement contractor as noted below:

Prosoco Sacrificial Coating SC-1
• Concrete and glass fiber reinforced concrete.
• Marble, travertine, limestone (unpolished).
• Granite (unpolished).
• Most painted surfaces.
• Fired clay (except pavers).
• Not suitable for horizontal surfaces.

Prosoco SLX-100
• Fired clay (pavers only).
• Ceramic tile.

Genesis Coatings Products – GCP1000
• Properly prepared metals coated with epoxies or urethanes.

Iron - Cast & Wrought
▪ Not recommended for any permanent artwork.

Kinetic Sculptures
• Artworks relying wholly or partially on moving parts, designed to be activated by the elements, may be permissible if acceptable materials and finishes are specified, and will be determined on a case-by-case basis.
▪ Artworks relying wholly or partially on moving parts, regardless of materials, when activated by electronics, battery power, or ball bearings are not acceptable.

Landscape Sculptures/Elements
▪ Use of plant materials in artistic manner or specification of plants as artworks is not acceptable. Metro cannot guarantee resources to be able to maintain artistic landscape to artist’s aesthetic intent.

Lighting/Light Sculptures
▪ Permanent artworks dependant wholly or partially on lighting of any type (fluorescent, incandescent, neon, LED, halogen, xenon, fiber optics, etc.) have not held up well in the Metro environment and are not acceptable due to requirements for frequent equipment replacements and updates, and the need for specialized skills to maintain these artworks in continuous working order.

Masonry
• Clay masonry units (bricks), concrete masonry units (concrete blocks) and architectural terra cotta are permissible depending on the finish, quality of materials and location. • Glass masonry units (glass blocks) may be permissible at limited locations out of reach of the public.

Metro Art Guidelines for Materials and Finishes 4
Metals – Steel
Steel may be suitable for permanent artworks depending on the finish, quality of materials, solar exposure, marine environment proximity and location as noted below:
• Galvanized.
• Powder Coated (above 7 foot height level).
• Porcelain Enamel.
• Stainless (A302 or greater).
• Painted steel is not suitable for artworks within direct reach of the public (under 7 foot height level). Refer to the Paint/Coating Systems heading for more details. ▪ Corten/Weathering Steel is not acceptable for exterior permanent artwork, but may be considered in interior applications on a case-by-case basis.

Metals – Aluminum
▪ Aluminum with images embedded into a powder coat through a dye sublimation process may be acceptable on a case-by-case basis.
• Anodized or powder coated aluminum may be permissible depending on location and indirect accessibility (out of reach from the public).
• Orbital finishes may be permissible based on review and approval of samples. • Cast aluminum (die cast, sand cast, investment casting and continuous casting) is acceptable.
• For painted aluminum refer to the Paint/Coating Systems heading in this document.

Metals - Bronze/Brass/Copper/Tin/Lead/Zinc/ Titanium & Alloys • Permissible on a case-by-case basis above the 7 foot height level. ▪ Floor and wall inlays may be considered in some very limited circumstances such as dividers or inserted imbeds in terrazzo floors or in locations that can be routinely cleaned and refurbished without specialized maintenance considerations such as polishing, waxing, replacement of etched infill, etc.
▪ Not recommended for sculptures or other artist designed elements when placed in locations physically accessible to the reach of the public, including any location below the 7 foot height level.

Paint/Coating Systems
Recommended for application on some materials and locations as outlined below:
• Murals: Exterior murals are allowed only for temporary projects (lasting 5 years or less). • Murals: Interior murals may be permissible depending on location, paint quality, application method and professional art conservator recommendations. • Miscellaneous Metals: Painted aluminum and carbon steel may be permissible if primed with a zinc rich primer (or equivalent). Metro review of paint manufacturer’s specifications and application methods is required to ensure quality control, and appropriate art conservator recommendations must be obtained.

Terrazzo
• Cast, pre-cast and rustic terrazzo have not held up well in the Metro environment and are permissible materials for exterior permanent artworks on a limited case by case basis. • Epoxy terrazzo may be acceptable for vertical applications and interior paving at selected locations.

Metro Art Guidelines for Materials and Finishes 5
Text
• Text that is part of a published poem, song, novel or other copyrighted material shall require written proof of permission to use the copyrighted material. • Regardless of materials or locations, the use of text as a primary or secondary element of the artwork is not encouraged.

Thermoplastics
• Some polycarbonates may be permissible for exterior and/or interior locations pending combustibility review and approval by LAFD Fire Marshall and Metro. ▪ Painted thermoplastics, fiberglass, carbon fiber, ABS plastics, acrylics, plexiglass, nylons, vinyls, melamines, polyesters, phenolics, resin and rubber are not recommended for any permanent/exterior artworks.

Tile/Mosaic
• High quality glazed vitreous and non-vitreous tiles, glazed and unglazed porcelain or clay body tiles, mosaic glass (smalti) tiles, quarry tiles and paver tiles are permissible in most vertical applications and locations.
• Mosaics have not held up well in the Metro environment when applied as a paving surface. Use of mosaics for exterior paving surfaces is not recommended. • All paving tiles and mosaic assemblies must pass coefficient of friction slip tests and conform to ADA requirements.
• All grouts must meet CTIOA (Ceramic Tile Institute of America) standards and recommendations based on specific tile application.
▪ Regardless of location, installation of epoxy grout is not acceptable.

Stone
Stone may be suitable for permanent artworks depending on the type, finish, quality of materials, thickness and location, as noted below:
• Granite: suitable for all locations
• Marble/Travertine: recommended for locations out of reach of public, or above the 7 foot height level.
• Other Stone: Onyx, Bluestone, Sandstone, Soapstone, Limestone, Mica, Coral, Cantera, etc. are not recommended but may be permissible on a case by case basis when out of the reach of the public or when interior or protected locations. ▪ Slate: not acceptable for permanent artworks
Wood
▪ Rough, dimensional lumber, plywood, particleboard and other composites are not acceptable for any permanent artwork.

END

01171.0001/805167.10 1

EXHIBIT D

PROPOSED DESIGN AND TILE SPECIFICATION

Exhibit D—Proposed Artwork Sketches

MURALS • MEMORIAL PORTRAITS • FUNDRAISERS • LOGOS
(800)601-4199 www.tileartisans.com
KILN FIRED TILE SPECIFICATIONS ISO & ASTM test certificates available upon request

Standard Description Test Results
UNI EN ISO 10545-7 / ASTM C1027 Wear resistance PEI Group IV (rated for commercial floor use) DIN 51094 / ASTM G155 Resistance to sunlight (UV rays) No visible alteration in color – will not fade UNI EN ISO 10545-14 / ASTM C1378 Resistance to stain
(Residues)
Grade 5 (Stains removed by washing with water)
(Standard range 1-5)
UNI EN ISO 10545-14 / ASTM C1378 Resistance to stains
(Substances that oxidize)
Grade 5 (Stains removed by washing with water)
(Standard range 1-5)
UNI EN ISO 10545-14 / ASTM C1378 Resistance to stains
(Substances that form a film)
Grade 5 (Stains removed by washing with water)
(Standard range 1-5)
UNI EN ISO 10545-14 / ASTM C1378 Ammonia No visible alteration UNI EN ISO 10545-14 / ASTM C1378 Denatured alcohol No visible alteration UNI EN ISO 10545-14 / ASTM C1378 Acetone No visible alteration UNI EN 101 / ASTM C1895 Surface Hardness (Mohs scale) Grade 5 (1=talc / 5=apatite / 10=diamond) ASTM C1378 Resistance to staining Class A Classification (Stains removed)

WARRANTY
Lifetime warranty against fading.

Five year limited warranty on workmanship and component failure.

Tile Artisans Digital Imaging, LLC warrants that all support materials (the ceramic tile) as supplied by Tile Artisans are produced in accordance with international and national industry standards for ceramic tile and/or porcelain pavers. These standards being:
● ISO 13006 for Definitions, Classifications and Properties of Tile and ISO 10545 for Testing Methods. ● ANSI Specifications A 137.1-1988 (if support material is of US origin) Tile Artisans represents and warrants that the image transfer to a ceramic tile support material shall be performed in a workmanlike manner, free of defects in workmanship and materials, including inherent vice and portions deemed dangerous to the public, and that Tile Artisans shall, at its sole expense, remedy any defects due to faulty workmanship or materials, or to inherent vice, which appear within a period of five years from the date the product was delivered.

If the image, or individual tiles within the overall image, should deteriorate because of faulty workmanship or materials or an inherent vice within five years from the date the image tile was installed, Tile Artisans will promptly reproduce and replace the damaged image tile(s) without any charge. Tile Artisans will not be responsible for any cost of labor, installation or removal of tile.

Limitations
Tile Artisans specifically excludes from this Limited Lifetime Warranty, failures due to the following incidents ●Improper use and installation of image support materials ●Acts of God
●Falling objects, abuse, misuse, negligence, vandalism, fire, exposure to extreme temperatures and accidents. ●Improper care and maintenance including the use of highly concentrated acidic solutions and/or the use of industrial steel brush scrubbers and/or industrial power washers with abrasives.

CARE AND MAINTENANCE
The decorated surface, whether as a single unit or a as a mural should be treated and maintained as a normal glazed tile surface.

Sponge-clean tiles with a mild detergent. Never rub powdered cleaners or any high acid based cleaners onto a tile surface. Grout joints can be cleaned with a stiff brush and non-bleach cleaning powder. To remove mildew that can form on ceramics and grout joints in damp areas, scrub with a light solution (50/50) of water and chlorine and thoroughly rinse afterwards.

COPYRIGHT
Tile Artisans Digital Imaging, LLC seeks to abide by the copyright laws of the United States and in so doing recognizes that it must rely upon clients to ensure that the items or designs sought by clients to be produced by Tile Artisans do not infringe copyright. As such, with the action of purchasing products from Tile Artisans, clients affirm to Tile Artisans that the items or designs sought by clients to be produced by Tile Artisans do not infringe copyright. Clients also agree to indemnify and hold harmless Tile Artisans for any and all damages, costs of litigation, attorney’s fees and judgments incurred by Tile Artisans as a result of having produced unauthorized copyrighted items or designs on behalf of the clients. Clients further agree that in the event that it is later determined that the items or designs produced by Tile Artisans for the clients are copyright protected and that clients do not have permission from the holder of the copyright, Tile Artisans will immediately cease production of the affected item or design and the full amount of the contracted price will be due and payable immediately to Tile Artisans.

PO Box 786, High Springs, FL 32655-0786 • (386)454-1060 • Fax (386)454-1058

MURALS • MEMORIAL PORTRAITS • FUNDRAISERS • LOGOS
DIGITAL IMAGING, LLC (800)601-4199 www.tileartisans.com PO Box 786, High Springs, FL 32655 • Phone (800)601-4199 • Fax (386)454-1058 Mural Sectioning
To make larger tile murals more manageable, we divide larger murals into multiple sections. If your mural has multiple sections, a section guide is included in this document.

Tile Placement
To aid installation, we provide a tile installation map for each section of the mural; see example below. Each tile of the mural is supplied with one label in the upper left corner showing the tile’s row and column number. If the mural is divided into sections, a label in the upper right corner shows the mural section to which the tile belongs; see inset example below.

MURAL INSTALLATION INSTRUCTIONS
PAGE 1 OF 2

MURALS • MEMORIAL PORTRAITS • FUNDRAISERS • LOGOS
DIGITAL IMAGING, LLC (800)601-4199 www.tileartisans.com PO Box 786, High Springs, FL 32655 • Phone (800)601-4199 • Fax (386)454-1058 Mural Layout
Tile murals may be installed from any starting point; however, care should be taken to ensure that architectural features line up with the mural as intended. For example, if a mural is being installed on a wall with a single 90° outside corner, installation should start at that corner and proceed outward.

Mortar, Grout, and Grout Sealer
We recommend the Laticrete line of mortars and grouts. You may find the appropriate mortar and grout for your particular application by visiting the Laticrete web site, www.laticrete.com.

As with any tiled surface, the underlayment must be waterproof, strong, and clean to ensure proper bonding and long life. Diagrams showing proper installation materials for a variety of applications are attached to this document.

Mural tiles should be installed using the grout joint width specified on the installation map (upper left corner, see example on the previous page). Use of plastic spacers of the appropriate size is recommended as an installation aid; however, allowance must be made for the fact that porcelain tiles generally vary slightly in size.

A silicone-based grout sealant should be applied to the grout joints after the grout is cured; this allows dirt and graffiti to be more easily removed from the grout joints.

Label Removal
Mural tile labels may be removed by carefully and slowly peeling the label from the tile. Peeling too fast will leave paper and adhesive residue on the tile. Should that happen, lacquer thinner is an excellent solvent for removal of label residue. A rag or plastic-bristled (not metal) brush may be employed. The tiles should then be cleaned with an ammonia-based cleanser such as Windex to remove the remaining haze of lacquer thinner residue.

Replacement Tiles
We advise you to provide the mural owner or the agency or department responsible for maintenance with a copy of this installation document, including all installtion maps, for safe keeping indefinitely. Should a mural tile ever require replacement, e.g., due to vandalism, one may refer to the installation map to determine the row and column number(s) of the affected tile(s). We archive all artwork indefinitely.

MURAL INSTALLATION INSTRUCTIONS
PAGE 2 OF 2

Smooth Concrete - Thin Bed - Exterior
ES-W202(E)
1 NOTE: “For complete application information and limitations consult related Product Data Sheets and Execution Statements related to this detail, and applicable industry standards.”

Uneven Concrete - Leveling Bed -
Exterior
ES-W211(E)
1 NOTE: “For complete application information and limitations consult related Product Data Sheets and Execution Statements related to this detail, and applicable industry standards.”

Cement Backer Board - Steel Framing -
Exterior
ES-W244(E)
1 NOTE: “For complete application information and limitations consult related Product Data Sheets and Execution Statements related to this detail, and applicable industry standards.”

Cement Backer Board - Steel Framing -
Interior
ES-W244(I)
1 NOTE: “For complete application information and limitations consult related Product Data Sheets and Execution Statements related to this detail, and applicable industry standards.”

Concrete - Bonded Thick Bed
ES-F112
1 NOTE: “For complete application information and limitations consult related Product Data Sheets and Execution Statements related to this detail, and applicable industry standards.”

Exterior Glue Plywood With Cement
Backer Board - Interior Only
ES-F144
1 NOTE: “For complete application information and limitations consult related Product Data Sheets and Execution Statements related to this detail, and applicable industry standards.”

Concrete - Swimming Pool Roll Out
Rim
ES-P601B
1 NOTE: “For complete application information and limitations consult related Product Data Sheets and Execution Statements related to this detail, and applicable industry standards.”

01171.0001/805167.10 1

01171.0001/805167.10 1

STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )
On _________________, 2022 before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01171.0001/805167.10 1

STATE OF CALIFORNIA )
) ss.

COUNTY OF ______________ )
On ___________________, 2022 before me, ________________________________, a notary public, personally appeared ________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of August 8, 2023
From: Chris Constantin, City Manager
Prepared by: Debra Black, City Clerk
Subject: Discussion and Direction Regarding Boards, Commission, and Committee Appointments
____________________________________________________________________________

SUMMARY
The City Clerk’s Office opened recruitment for the City’s Boards Commissions and Committees. A total of 37 applications were submitted for Council’s consideration of appointment.

RECOMMENDATION
Staff recommends that the City Council:

1. Receive the applications for appointment received by the City.

2. Advise staff on how to proceed with applications received after posting of this agenda and to which a Councilmember may wish to nominate.

3. Discuss the process for the City Clerk to compile the individual City Council nominations for appointment consideration at the August 22, 2023 Council meeting.

4. Direct City staff to proceed with agendizing formal appointment action during the August 22, 2023 City Council meeting.

FISCAL IMPACT
No fiscal impact.

BACKGROUND
At the February 4, 2023 City Council meeting the Council approved revisions to the Boards Commissions and Committees Handbook. Two of the revisions are changing the BCC’s membership from 7/9 members to 5 members and changing the terms served from three twoyear terms to two two-year terms.

Discussion of Commission Appointments Page 2
For the Meeting of August 8th, 2023
On July 11, 2023, the City Council acted to approve the changes to the Boards, Commissions, and Committees handbook with the minor revision of removing a duplicate reference to the word, opportunities, from the history section and changing the date of the Planning Commission to Thursdays from the proposed Tuesday to match the current schedule. Other items discussed by individual Councilmembers were not included in the final handbook revision. Similarly, and discussed on July 25, 2023, direction was given to come back and address the potential to expand commission sizes and the selection process for additional members.

This staff report is intended to transmit the available board, commission, and committee applications received for appointment, allow individual Councilmembers to name nominees for their respective board, commission, and committee appointments, and to provide further direction on how the City Clerk should consider applications arriving after the time period such applications were being received. All nominees submitted to the City Clerk will be compiled in a list and provided in the August 22nd, 2023 staff report.

DISCUSSION/ANALYSIS
At the July 11th, 2023 City Council meeting Council approved the following procedures for the nomination and appointment process:

1. For a commission, committee, and board whose membership includes five City Council appointed positions (Equestrian, Parks and Recreation, Planning, Public Safety, and Senior Citizen commissions), each member of the Council shall nominate an individual for appointment to each respective commission, committee, and board. a. All appointments will be made at the 2nd City Council meeting in August, with a September 1st, effective date.
b. Applications will be submitted by potential appointees in the manner established in Section IV.A of the BCC Handbook and the City Clerk. c. Applications will be listed in a City Council agenda packet as a nominated and to be appointed applicant. Applicants vital information will be redacted. d. Each respective City Councilmember making such a nomination will interview the applicant prior to consideration.
e. All appointments listed on a City Council agenda will be considered as one action and not separated. In the case a member of the City Council desires to remove an individual from appointment consideration, a member will motion for removal, second, and affirmative vote of the City Council with no less than three (3) votes. If Council rejects a Councilmembers 1st nomination a 4/5ths vote is needed to reject the second nomination or any subsequent nominations. If after 90/120 days an appointment is not made

2. For all other commissions, committees, and boards whose membership does not include five City Council appointed positions (DPRB, Golf Course Advisory, or other commission, committee, and board not listed), each appointment shall be set as follows:
a. All appointments will be made at the 2nd City Council meeting in August with a September 1st effective date.
b. Applications will be submitted by potential appointees in the manner established in Section IV.A of this Handbook and the City Clerk.
c. The Mayor will interview each candidate and make a recommendation to the City Council for consideration for appointment, the application will be listed on a City Council agenda as a nominated and to be appointed applicant, and the

Discussion of Commission Appointments Page 3
For the Meeting of August 8th, 2023
recommendation will be presented to the City Council. Applicants vital information will be redacted.

All appointments listed on a City Council consent agenda will be considered as one action and not separated. In the case a member of the City Council desires to remove an individual from appointment consideration, a member will motion for removal, second, and affirmative vote of the City Council with no less than three (3) votes.

ALTERNATIVES
If any Board Commission or Committee goes without a full membership appointment all business for the BCC will need to be postponed should such membership not constitute a quorum.

Another alternative would be to delay implementation of the change for a certain period to allow for further discussion and opportunity for appointments. This may include extending all terms of current members until a new transition date.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Debra Black, City Clerk
Attachments:

1. Commission Applications

2. BCC Recruitment 2023 Application Spreadsheet

ITY OF SAN DIMAS

COMMUNITY SERVICE OPPORTUNI
ISSN AUG 2 2023
ll1MAS 245 E. Bonita Avenue, San Dimas, CA 91773
909- 394- 6210 _'

CITY OF SAN DIMAS
PLEASE USE BLACK INK OR TYPE C7v CLERK
Please select the Commission, Committee, or Board. If there is interest in multiple areas, rank your selection according to preference:

Development Review Board ( DPRB)
Equestrian Commission _
Golf Course Committee
Name ( Last, first, middle)
Home Telephone
Home Address ( number and street)
City & Zip
i
Describe your duties:

Parks & Recreation Commission
Planning Commission
Public Safety Commission IN —
Senior Citizens Commission
e- mail add:

Area Code / Business Telephone Cell No.

How long have you lived in San Dimas?
Please comment on education and training as it may relate to your application for community service:
vra $ i .2A. v.+v
C;%' nd
e ZoCA/ ell G
Use the space to provide additional information as required by this application or to describe in greater detail any aspects of your experience or activities that are pertinent.

Name: Telephone Number:

Address: city
C5,1 v 11n 1's

2. Name: Telephone Number:

Address: Cif

3. Name Telephone Number:

Address: city
List current activities and work back to when you first moved to San Dimas. Include all special projects and positions held in organizations, e. g., Pres. Sec. Treas. etc.

1. Name of Organization: How long with this organization? Offices held:
rt?,zirn. t i/ ec .+ r2 rcr+ ccr 9t_ C:/'• 2- las2, iia. v7o, Describe your responsibilities and accomplishments:

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c . 2/, a'd, t7-" ia" ft3 ,, 1z.' r. v 2? / l7d' 9/. v; 7. .

2. Name of Organization: & 0, a, mtsseen. How long with this organization? / a " ice Offices held:

RA X 1/ 6 (! A14erZ,

3. Name of Organization:
n, Aqp, long with this organization?
Offices held:

Describe your responsibilities and accomplishments:
1Z7,N , c, 410 1eX-1,50V- 511A41r.r

1. Why did you move to San Dimas?
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r l7 psi

2. If you could change anything in the City, what would it be? lzdc sP L / 007 r°?%aKA1
Ci
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3. What can you contribute to and why are you interested in servin on the Commissions designated? ar- , tee ' A-7 'e'er ueAcCa4- 04: e 47, C) 5; 7/ rbPe i'Z,'% ( 11, J Cj< 9aaLMwi e"rj GL .. /Et% C T% ' t C flr 1$S TCS/ U 0r- r? this
application qualifies asa public record and all inf )rmation furnished will bI ted
as a public
record. (' vital data will be redacted) ,, Date
d " Signatur/' 1'

v
SAN
DiMAS
IFI I'HIn
1960
Full name
Larry Giannone
First Name
Address
Phone Number
D)r'L1-19,E,0
JUL 17 2023
CIT OF SAN D1MAS
Select the Commission or Committee you are interested in serving on based on ranking preference. If there is no interest please leave blank.

Equestrian Commission
Parks & Recreation Commission
Planning Commission
X Public Safety Commission
Senior Citizens Commission
Golf Course Advisory Committee
How did you hear about the vacancy( cies)?
Staff 0
245 East Bonita Avenue • San Dimas • California 91773 • ( 909) 394- 6200 • Fax ( 909) 394- 6209 • sandimasca. gov

CITY OF SAN DIMAS

COMMUNITY SERVICE OPPORTUNITY
245 E. Bonita Avenue, San Dimas, CA 91773
909- 394-6210

PLEASE USE BLACK INK OR TYPE
Please select the Commission, Committee, or Board. If there is interest in multiple areas, rank your selection according to preference:

Development Review Board (DPRB) Parks & Recreation Commission Equestrian Commission Planning Commission
Golf Course Committee Public Safety Commission
Senior Citizens Commission

1. PERSONAL DATA Please circle: Mr. Miss. Ms. Mrs.

Name ( Last, first, middle) e-mail add:

Home Telephone Area Code / Business Telephone Cell No.

Home Address ( number and street)
City & Zip How long have you lived in San Dimas?

2. WORK EXPERIENCE
Describe your duties:

3. EDUCATION & TRAINING
Please comment on education and training as it may relate to your application for community service:

4. ADDITIONAL INFORMATION
Use the space to provide additional information as required by this application or to describe in greater detail any aspects of your experience or activities that are pertinent.

5. REFERENCES

1. Name: Telephone Number:

Address: City

2. Name: Telephone Number:

Address: City

3. Name Telephone Number:

Address: City

6. COMMUNITY ACTIVITIES
List current activities and work back to when you first moved to San Dimas. Include all special projects and positions held in organizations, e.g., Pres., Sec., Treas., etc.

1. Name of Organization: How long with this organization? Offices held:

Describe your responsibilities and accomplishments:

2. Name of Organization: How long with this organization? Offices held:

3. Name of Organization: How long with this organization? Offices held:

Describe your responsibilities and accomplishments:

7. ESSAY ( Please use additional sheets of paper if necessary.)

1. Why did you move to San Dimas?

2. If you could change anything in the City, what would it be?

3. What can you contribute to and why are you interested in serving on the Commission( s) designated? This application qualifies as a public record and all information furnished will be treated as a public record. (Vital data will be redacted)
Date _________________ Signature____________________________