Agenda packet — San Dimas City Council, January 9, 2024

CITY COUNCIL MEETING AGENDA
TUESDAY JANUARY 9, 2024 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.
7:00 PM
CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember John Ebiner, Councilmember Eric Nakano, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE
ORAL COMMUNICATIONS
(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
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Approve Resolution 202401, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the December 29, 2023 Warrant Register in the Amount of $1,236,780.56
CC2. Approve minutes of the December 12, 2023 Regular City Council Meeting CC3. Deny Claim Llamas v. City of San Dimas CJP 3049436 CC4. Approve Parcel Map No. 083947 for SB 9 Subdivision Purposes CC5. Approve minutes of the December 20, 2023 Special City Council Meeting CC6. Approve a FiveYear Agreement with Extension Option for Installing a 24Hour VotebyMail Ballot Drop Box at Lone Hill Park by Los Angeles County RegistrarRecorder

Page 1 ends

CC1. Approve Resolution 202401, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the December 29, 2023 Warrant Register in the Amount of $1,236,780.56
CC2. Approve minutes of the December 12, 2023 Regular City Council Meeting CC3. Deny Claim Llamas v. City of San Dimas CJP 3049436 CC4. Approve Parcel Map No. 083947 for SB 9 Subdivision Purposes CC5. Approve minutes of the December 20, 2023 Special City Council Meeting CC6. Approve a FiveYear Agreement with Extension Option for Installing a 24Hour VotebyMail Ballot Drop Box at Lone Hill Park by Los Angeles County RegistrarRecorder END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.

OTHER BUSINESS
OB1. Consideration of the Acceptance of a Donation
RECOMMENDATION: Staff recommends that the City Council provide direction on the following:

1. Acceptance of a donation of $2,000.00 from Only the Bible Ministry of San Dimas and to restrict such purpose for use by the Housing Division to benefit lowmoderate income or residents of the City’s mobile home and senior apartments, and

2. Direct City staff to develop an appropriate policy governing the acceptance of donations.

OB2. Introduce Ordinance 1303 Approving Municipal Code Text Amendment 220006 to Regulate the Use of Transit Facilities, and Determination of Exemption from CEQA under CEQA Guidelines 15061(b)(3).

RECOMMENDATION: Staff recommends that the City Council:

Read by title and introduce Ordinance 1303 (Attachment 1) approving Municipal Code Text Amendment 220006 to Amend Title 12 of the San Dimas Municipal Code by adding a New Chapter, Chapter 12.18 to Regulate the Use of Transit Facilities to Ensure They Are Used Primarily for Transit Purposes, and Determine the Ordinance is Exempt from CEQA under CEQA Guidelines 15061(b)(3).

OB3. Introduce Ordinance 1302 Approving Municipal Code Text Amendment 220002 to Regulate Camping and Storage on Private and Public Property, and Determination of Exemption from CEQA under CEQA Guidelines 15061(b)(3)
RECOMMENDATION: Staff recommends that the City Council:

Read by title and introduce Ordinance 1302 (Attachment 1) approving Municipal Code Text Amendment 220002 to Amend Title 8 of the San Dimas Municipal Code by Adding a New Chapter, Chapter 8.40 to Regulate Camping and Storage on Private and Public Property, and Determine the Ordinance is Exempt from CEQA under CEQA Guidelines 15061(b)(3).

ORAL COMMUNICATIONS

Page 2 ends

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 CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSELEXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of case: City of Whittier, et al. v. Superior Court of the State of California, County of Los Angeles, et al., Orange County Superior Court Case No. 23STCP03579

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 January 5, 2024, 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. blk

Page 3 ends

pgpqy
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.

January 5, 2024 Debra Black
Debra Black, City Clerk

Page 4 ends

RESOLUTION 2024-01

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

CALIFORNIA, APPROVING CERTAIN DEMANDS FOR
DECEMBER 29, 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 Warrant Register of December 29, 2023 in the amount of $1,236,780.56.

PASSED, APPROVED AND ADOPTED this 9th, day of January 2024. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-01 was approved by vote of the City Council of the City of San Dimas at its regular meeting of January 9th, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

Page 5 ends

Page 6 ends

Page 7 ends

Page 8 ends

Page 9 ends

Page 10 ends

Page 11 ends

Page 12 ends

Page 13 ends

Page 14 ends

Page 15 ends

Page 16 ends

Page 17 ends

Page 18 ends

Page 19 ends

Page 20 ends

Page 21 ends

Page 22 ends

Page 23 ends

Page 24 ends

Page 25 ends

Page 26 ends

Page 27 ends

CITY COUNCIL MEETING

ACTION MINUTES
DECEMBER 12, 2023, 7:00 PM

REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember John Ebiner, Councilmember Eric Nakano, Councilmember Eric Weber Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Acting Director of Community Development Luis Torrico, Director of Administrative Services Michael O’Brien, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, Senior Planner Anne Moore, City Clerk Specialist Lesley Munoz Call to Order: 7:09 PM
New Item Added to Closed Session: City Attorney Malawy announced a closed session item was added after the posting of the agenda, that requires Council action prior to the next meeting. The item is a liability claim Silvia Llamas v. City of San Dimas. (Government Code 54954.2 (a) (3))
MOTION: Motion/seconded by Mayor Pro Tem Vienna/Councilmember Ebiner to add the closed session item to the agenda. The motion carried 5-0.

CONSENT ITEMS COMMENTS/RECOMMENDATIONS

1. Approve Resolution 2023-72, A
Resolution of the City Council of the City
of San Dimas, Approving Certain
Demands for the November 30, 2023,
Prepaid Warrant Register in the Amount
of $301,939.12 and the December 15,
2023, Warrant Register in the Amount of
$1,153,477.66.

2. Approve the November 28, 2023, Regular
City Council Meeting Minutes

3. Deny Claim Acevedo v. City of San Dimas
3046237 LSV

4. Authorize the City Manager to Enter into a
Professional Service Agreement with
Keith Batcheller for four Gold Line Bridge
Murals in the Amount of $74,000 and a
Professional Service Agreement with the
Los Angeles Metro Gold Line Foothill
City Manager Constantin announced that
Consent Item 12 will be removed, and no
decision will be made at this meeting. The
following consent items were requested to be
pulled for additional discussion:
• Item 5 and 6 by Mayor Pro Tem
Vienna
• Item 8 by Councilmember Ebiner
• Item 9 Councilmember Nakano
• Item 10 Councilmember Weber
MOTION: Motion/seconded by
Councilmembers Weber/Ebiner to approve
items 1-4, 7,11, 13-16. The motion carried 5-

0. Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Page 28 ends

December 12, 2023 City Council Minutes Page 2
Transit Authority to Install the Mural Tiles
on the Bridge.

5. Approve the First Amendment to the Joint
Use Agreement between the City of San
Dimas (City) and the Bonita Unified
School District (District) for joint use,
operation and maintenance of recreation
facilities at the Sports Plex Revising Cost
Reimbursement Related to the Varsity
Baseball Field and Revising Agreement
Renewal Provisions

6. Approve a Professional Services
Agreement between the City of San
Dimas and Griffin Structures to Provide
Cost Estimates for Maintenance, Repairs
and Rehabilitation of the Recreation
Center located at 990 West Covina
Boulevard in an Amount not to Exceed
$10,650

7. Consideration and Approval of the
Program Policies and Procedures for the
Permanent Local Housing Allocation
(PLHA) Rental Assistance Program and
Approval of an Expenditure and Offsetting
Revenue Budget Appropriation in Fund
040 for PLHA funds in an amount not to
exceed $215,696

8. Approve a Contract between the City of
San Dimas (City) and Consultant Lori
Hall-McNary with Rockin’ L&D Equine
Education Services for Equestrian
Consultant Services in an Amount not to
Exceed $9,540.00 and Authorize the City
Manager or his Designee to Execute the
Contract.

9. Adopt a Municipal Code Text Amendment
to Amend Chapter 18.42 Multiple-Family
(MF) Zone to Reduce the Required
Amount of Open Green Areas/Open
Space, and the Required Front and Side
Yard Setbacks for Developments in the
MF Zone, and Chapter 18.156 Vehicle
Parking and Storage with Respect to
Vehicle Parking Requirements for Multi-Family Developments Along with Associated Clean Up Items

10. Approve a Five-Year Agreement with
Flock Group Inc. to Lock in the Current
Pricing for Maintaining the Fourteen
Cameras Currently in Place as Well as
the Cost to Install Additional Cameras that

Absent: None
Abstain: None
MOTION: Motion/seconded by Mayor Pro
Tem Vienna/Councilmember Weber to
approve item 5. The motion carried 5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
Abstain: None
MOTION: Motion/seconded by Mayor Pro
Tem Vienna/Councilmember Weber to
approve item 6. The motion carried 5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
Abstain: None
MOTION: Motion/seconded by
Councilmember Ebiner/Mayor Pro Tem
Vienna to approve item 8. The motion carried
5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
Abstain: None
MOTION: Motion/seconded by Mayor Pro
Tem Vienna/Councilmember Ebiner to
approve item 9. The motion carried 4-1 with
Councilmember Nakano opposed.

Yes: Badar, Vienna, Ebiner, Weber
No: Nakano

Absent: None
Abstain: None
MOTION: Motion/seconded by
Councilmember Weber/Mayor Pro Tem
Vienna to approve item 10. The motion
carried 5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
Abstain: None

Page 29 ends

December 12, 2023 City Council Minutes Page 3
May be Authorized over the Next Five
Years

11. Approve an Agreement with the University
of La Verne for the Operation of the City’s
Government/Education Access Channel,
KWST at an Annual Cost of $98,000 with
Annual Escalator of 3% Per Year for a
Period of Up to Three Years

12. Approve an Increase to the Contract
Limits for Maintenance Contract (MC)
2017-03 Annual Striping Maintenance
Services with Superior Pavement
Markings, Inc. to $200,000 for FY 2023-

24. 13. Appropriate $40,000 from the Equipment
Replacement Fund (Fund 70) and
Authorize Contract Expenditures for
Outfitting of Unit 28 with California Truck
Equipment Company (CTEC) for An
Amount Not to Exceed $40,000.

14. Receive and file the November 2023
Investment Report

15. Approve an Administrative Services
Agreement between the City of San
Dimas and the San Dimas Housing
Authority in an Estimated Amount of
$316,000

16. Receive and File the City’s Annual
Independent Audited Financial
Statements.

OTHER BUSINESS ITEMS COMMENTS/RECOMMENDATIONS

1. Discussion of the Draft Downtown
Specific Plan
Recess: 8:33 pm – 8:53 pm
MOTION: Motion/seconded by Mayor Pro
Tem Vienna/Councilmember Weber to
continue the item to the January 8, 2024, City
Council Study Session Meeting at 6:30 pm.

The motion carried 5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
Abstain: None
Recess to the Housing Authority 9:17 pm
– 9:22 pm

SAN DIMAS HOUSING AUTHORITY

1. Approve December 13, 2022, Housing
Authority Minutes

2. Appoint Members of the Authority
MOTION: Motion/seconded by
Councilmember Ebiner/Mayor Pro Tem
Vienna to approve the minutes of the

Page 30 ends

December 12, 2023 City Council Minutes Page 4
• Chair
• Executive Director

3. Approve Administrative Services
Agreement between the San Dimas Housing
Authority and the City of San Dimas in an
Estimated Amount of $316,000.

4.Receive and File the Housing Authority
Annual Audit Report
December 13, 2022, meeting. Motion carried
5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
MOTION: Motion/seconded by Mayor Pro
Tem Vienna/Councilmember Nakano to
appoint Mayor Badar as Chair. Motion carried
5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
MOTION: Motion/seconded by Mayor Pro
Tem Vienna/Councilmember Nakano to
appoint City Manager Constantin as
Executive Director. Motion carried 5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
MOTION: Motion/seconded by Mayor Pro
Tem Vienna/Councilmember Weber to
approve the Administrative Services
Agreement. Motion carried 5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None

SAN DIMAS PUBLIC FACILITIES

FINANCING CORPORATION

1. Approve the December 13, 2022, San
Dimas Public Facilities Financing Corporation
Minutes

2. Appointment Member of the Corporation
• President
• Vice-President
• Secretary/Treasurer
MOTION: Motion/seconded by
Councilmember Ebiner/Mayor Pro Tem
Vienna to approve the minutes of the
December 13, 2022, meeting. Motion carried
5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
MOTION: Motion/seconded by
Councilmember Ebiner/Councilmember
Weber to appoint Mayor Badar as President,

Page 31 ends

December 12, 2023 City Council Minutes Page 5
Mayor Pro Tem Vienna as Vice-President
and City Manager Constantin as
Secretary/Treasurer. Motion carried 5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None

STAFF AND CITY COUNCIL REPORTS COMMENTS/RECOMMENDATIONS a. City Manager City Manager Constantin announced a City Council Special Meeting on December 20,
2023, to appoint Emmett Badar as Mayor as
there were no challengers for the Mayoral
position during the nomination period.
(Elections Code 10229).
b. City Attorney None
c. Members of the City Council
Reports on Meetings Attended AB 1234
(G.C. §53232.3(d))
None
d. Appoint a City Trustee to San Gabriel
Valley Mosquito and Vector Board
MOTION: Motion/seconded by Mayor
Badar/Councilmember Ebiner to appoint
Mayor Pro Tem Vienna to the San Gabriel
Valley Mosquito and Vector Board. The
motion carried 5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
Abstain: None

CITY COUNCIL REQUESTS FOR

FUTURE ITEMS

COMMENTS/RECOMMENDATIONS
None

CLOSED SESSION COMMENTS/RECOMMENDATIONS

1. CONFERENCE WITH REAL PROPERTY

NEGOTIATORS
Property: APN 8665007905
City negotiators: City Manager Chris
Constantin, Asst. City Manager Brad
McKinney, City Attorney Jeff Malawy.

Negotiating parties: City of San Dimas and
Ron Nottingham
Under negotiation: Price and terms of
payment.

2. CONFERENCE WITH LEGAL
COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Government Code section 54956.9(d)(2):

One case.

Following the closed session, the City
Attorney made a public announcement that
the City Council met and discussed the three
closed session items on the agenda, that the
City Council gave direction to staff on the
items, and that no reportable action was
taken.

Page 32 ends

December 12, 2023 City Council Minutes Page 6

3. LIABILITY LITIGATION - Silvia Llamas v.

City of San Dimas. (Government Code
54954.2 (a) (3))
Adjourned: 12:30 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

Page 33 ends

PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
TO: City of San Dimas 12/12/2023
ATTENTION: Brad McKinney, Debra Black
RE: Claim : Silvia Llamas V. City of San Dimas
Claimant : Silvia Llamas
Member : City of San Dimas
Date Rec’d by Mbr : 07-28-2023
Date of Event : 09-02-2022
CW File Number : CJP-3049436
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 proof of mailing with your rejection notice to the claimant. Please provide us with a copy of the Notice of Rejection and a 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,
Janice Baluyut
Janice Baluyut
Claims Examiner
Carl Warren & Company, LLC | A Venbrook Company
Direct: 657.622.4326
Email: [email protected]

Page 34 ends

PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License # 2607296
12/ 12/ 2023
RE: Claim : Silvia Llamas V. City of San Dimas
Claimant : Silvia Llamas
Member : City of San Dimas
Date Rec’d by Mbr : 07-28-2023
Date of Event : 09-02-2022
CW File Number : CJP- 3049436
Dear Ms. Llamas:

As you may recall we are the claim administrators for the city of San Dimas. We appreciate your desire to seek reimbursement for the damage, however we have tendered your claim to the subcontractor, EBS General Engineering Inc., who has reported this matter to their liability carrier, CNA Insurance. CNA Insurance has acknowledged receipt of our tender and will be in contact with you regarding the outcome of their investigation.

We will now send the city of San Dimas our recommendation to close their file.

Janice Baluyut
Janice Baluyut
Claims Examiner
Carl Warren & Company, LLC | A Venbrook Company
Direct: 657.622.4326
Email: JBaluyut@CarlWarren. com
Cc: City of San Dimas

Page 35 ends

J
SAN O
r:6Rv,?'tf d. r .fsys JUL 2 8 2023
DIMAS 66 aIEP '• sr.. r
Ily

CLAIM AGAINST THE CITY OF SAN DIMAS
maNc TIME su&%Irr)jir, FIRSr rime sugHc7rED
For damages to Persons or Personal Property) oN ' a_ 07-.03 , our wAs . a• sP4o0__e,0/ ctTy Received by via a US MAIL 0Inter -Office Mail XOver the Counter dlr.46f A claim must be filed with the City Clerk of the City of San Dimas within six ( 6) months after which the incident or event occurred. Be sure your claim is against the City of San Dimas, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, the City of San Dimas, 245 E. Bonita Avenue, San Dimas, CA 91773- 3002

TO THE HONORABLE MAYOR & CITY COUNCIL, THE CITY OF SAN DIMAS, CALIFORNIA The undersigned respectfully submits the following claim and information relative to damage to persona and/ or personal property:

1. NameofClaimant SILVIA LAAMAJ45
a. Address of Claimant
b. Telephone Number ( c. Date of Birth
d. Social Security No. e. Driver' s License

2. Name, telephone and post office address to which claimant desires notices to be sent If other than above: ! S^ MF- aS A R46%) E .

3. Occurrence or event from which the claim arises:

Naf sueE THb Exikc,'r TI M&.) tT WAS
a. Date FRIpA. J , sEPr. ,2, aoa; L b. Time F_Q& WIN6 a. m./ p. m. gwWtJ 9: 3o or- 3: 30 P. m. c. Place ( exact & specific location) TKE mMq_ So ocATC- r1 EAST OE Tilg OISTS/ DE or Mq GAItA QF DOOR.
d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage Use additional paper if necessary) TIRS CATY off' SAN Ot" AS wAs pottie- ruE MO MI of pGIN&I Rp, y%j%tT STt 4 L. fcEr-. cT SrREmT PRousmr- giT PRo c't WE} tGH !%" y4 It@,ED RG 86c.KrzR TO DO TVtS 501a _ 114 TIAS PROGE5S of 'cNF- Sb6 Ttk&( BttoKE Ny NETEK SOX $ WAC-ta THS1 wFAE TRyt rL To ReRACE T" f- F4VM1'- 86x. TKC-1 E3DED VP RREAKIN6 µV WATER L- Itiz. e. What particular action by the City, or its employees, caused the alleged damage or (- TNE40WrAAe- rbA, injury? P6Q Me.. Pl 5 N E 114JF- 6XK Q AS TNA- r1 V, I mSTRu GTE DrItSl6k! T C R PtAec INS PAGISrd Box 9SC- AuSE Ir AOAS a4AiA6&,Q D& rR/ NG rf%E S CEGr 1"RW0& f6 EW7'

Page 36 ends

4. G-ive a description of the injury, property damage or loss, so far as is known at the time of this, claim. If there were no. injuries, state " no injuries".

Nor 44AM- ZyWr - TNSV.RAAO A " 40 EA1 A4V A46TEX Box dA)r14, rNev g#uzEp r"EV Awguj r #AO& ZME E'er rbo e." Amers
rNEY - WEeE
Air Wl;rII6&r C4MAD 4W#*M #R AIO#V

5. Give the name'( s) of the City employee(s) causing -the damage or injury: I' k
l V- relrl; LTAe- 45Y rfic e,_APA2rxAero& iq c A - A00 RC 9 9 Ss tj r1lo. Iry 0 TIJ / Pic . mjc C. A&
Name and address of A/ any other person injured: I
A 7.

Name and address of the owner of any damaged property: 9' Damages claims: a.

Amount claimed as of this date: b.

Estimated amount of future costs: c.

Total amount claimed: 7,
3 rSr1A4, 4rC9,00 ZJV rO d.

Basis for computation of amounts claimed (attach copies of all bills, invoices, estimates, etc.) 9.

Names and addresses of all witnesses, hospitals, doctors,, etc. a.

A) Q
q4

10. Any additional information that might be helpful inconsidering thisclaim: WARNING:

IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal Code 72; insurance Code §556e1) I
have read the matters and statements made in the above claim and I know the same tobe true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true.

I
certify under penalty of perjury that the foregoing is TRUE AN® CORRECT. Signed this rH —
dav
ofGALT , 20 at FAUCeTs
Claimant' s
LD F*
signature b
V T
5W- VA&W
Tap t>RL? Ptf4ry A"D RaCACS CE1_
toour o
F56* 46 A*V *
0#0V,&, 0, 0r WAZIC. 4NAD " Y
P6 wpisrA iRsra c L*T w* e4, o FLasw r orAfAIA0
X
IR o" WX,*VO Art 00e ove e,&,
eecE 4AW. P
4004"JIW of 5"
SEX TMAW0494CAY, e& Zr- goe,6 OV. 0r- ,c/,W f
r. r I.... A r
r-,
r 'er" Ovorm

Page 37 ends

WC of 7wovr
F"d02 : rM &' J
ram. ' . 4GG4 / ' —' ' ' , Qoe,., S '''', ? US) O 7-11E o41 54C db ccsi+vTi r# 415E ? rZ;A ljw A'oR 7AI / iv ccary , . t, "' k'
C , oP) O Z¢W, C,=, rl#4
14o a
e,' r.+Rd' "` ,` 1S
viv,005 Zt d w d a" / e S S POe47Z' AEPA / O S LmaiaAlrOVERADEP T.DXs AbAIF L. r AIi ' N < T/ - 0, 9,.11-, ,rt * <+ o

Page 38 ends

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of January 9, 2024
From: Chris Constantin, City Manager
Prepared by: Steven Barragan, Engineering Manager
Subject: Approve Parcel Map No. 083947 for SB 9 Subdivision Purposes ____________________________________________________________________________

SUMMARY
The property owner of 425 E Gladstone Street is requesting approval of the Parcel Map No. 083947 to subdivide the property into two (2) parcels under SB 9.

RECOMMENDATION
Staff recommends that the City Council:
• Approve Parcel Map No. 083947 for SB 9 subdivision purposes as submitted.

FISCAL IMPACT
There is no fiscal impact for the recommended action.

BACKGROUND
Senate Bill 9 (SB 9) was signed into law by the state in September 2021 and went into effect January 1, 2022. SB 9 requires local agencies to ministerially approve a parcel map for an urban lot split for residential development within a single-family zone. SB 9 limits the requirements and development standards the City may impose. The City may not require the construction of off-site improvements as a condition of approving a lot split under this law. In addition, the City cannot require the applicant to enter into a subdivision agreement with corresponding bonds as a condition of approving such lot split under SB 9.

Staff received a request to split an existing 13,430 square foot lot with an existing dwelling unit and develop both proposed parcels pursuant to SB 9 on the property located at 425 E Gladstone Street (APN 8392-007-033) within the SF-A10000 zone.

DISCUSSION/ANALYSIS

Page 39 ends

Approval of Parcel Map No. 083947 for SB 9 Page 2
For the Meeting of January 9, 2024
Staff reviewed and processed the urban lot split pursuant to SB 9. Adhering to the SB 9 regulations and limitations, staff generated conditions of approval (see Attachment 1).

The Parcel Map (see Attachment 2) has been reviewed by the City Engineer and complies with all set requirements of the California Subdivision Map Act, SB 9, and City requirements.

ALTERNATIVES
This map falls under the SB 9 requirement for ministerial approval. The City Council may deny the proposed split under SB 9 if the building official makes a written finding based upon a preponderance of the evidence, that the proposed housing development project would have a specific adverse impact, as defined by Government Code Section 665589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Denial of the Map without the Building Official findings would conflict with state law.

ENVIRONMENTAL REVIEW
The proposed project is Categorically Exempt under CEQA guidelines, Title 14, Article 19 Categorical Exemptions, Section 15300.1. Relation to Ministerial Projects.

Respectfully submitted,
Steven Barragan
Engineering Manager
Attachments:

1. Conditions of Approval

2. Parcel Map 083947

Page 40 ends

Director of
Administrative Services
Michael O’Brien
Director of Community
Development
Henry K. Noh
Director of Parks and
Recreation
Scott Wasserman
Director of Public Works
Shari Garwick
City Council
Emmett Badar, Mayor
John Ebiner, Mayor Pro Tem -
District 3
Ryan A. Vienna - District 4
Eric Weber - District 1
Eric Nakano - District 2
City Manager Chris Constantin
Assistant City Manager
Brad McKinney
City Attorney
Jeff Malawy
February 1, 2023 SENT VIA REGULAR MAIL AND EMAIL
Deanna Nicolas
425 E. Gladstone Street
San Dimas, CA 91773
Re: COMPLETE LETTER for TPM 22-0003
Associated Case No. Accela PROJ-22-0055
A request to split an existing 13,430 sq. ft. lot with an existing dwelling unit and develop both parcels pursuant to SB 9 on the property located at 425 E. Gladstone Street within the SF-A10000 zone (APN 8392-007-033).

Dear Applicant,
The Planning Division is in receipt of your proposed SB 9 Urban Lot Split Tentative Parcel Map plans and materials, which were resubmitted on January 3, 2023. Planning staff has reviewed the materials submitted and have deemed the applications complete. You may move forward with your project by submitting the following items directly to the Building & Safety Division:

Grading Submittal
3 sets of grading plans with erosion control
2 sets of soils reports
2 sets of LID, Hydrology, SWPPP (whichever applies)
House Plan Submittal
3 sets of building plans (must include, architectural, structural, mech, elect, plumb, energy, green code, recycling)
2 sets of energy calcs
2 sets of structural calcs
2 sets of soils
Parcel Map Submittal
3 sets of parcel map (obtain parcel map number from LA County if not yet obtained) Please make note that the above items are considered as three (3) separate submittals, but are required to be submitted simultaneously and not on separate occasions.

ATTACHMENT 1

Page 41 ends

Complete Letter For TPM 22-0003 Page 2
425 E. Gladstone Street
February 1, 2023
Additionally, certain conditions/comments have been included as part of this complete letter. Any questions regarding specific conditions should be directed to the appropriate department representative:
☐ Ken Fichtelman, Associate Planner, Planning Division (909)394-6256 ☐ Eric Beilstein, Building & Safety Manager, Building Division (909)394-6260 ☐ Shari Garwick, Director of Public Works, Public Works (909)394-6247 Please ensure that the items below are addressed at the time of building plan check submittal.

General

1. The manufacturer’s brochures/specification sheets for all exterior design features, including but not limited to, doors, windows and architectural treatments, shall be submitted to the Planning Division for review and approval before issuance of building permits.

2. Water efficient landscapes shall be implemented in all new and rehabilitated landscaping in single-family and multi-family projects, and in private development projects that require a grading permit, building permit or use permit, as required by Chapter 18.14 of the San Dimas Municipal Code.

Please feel free to contact me at (909) 394-6256 or [email protected] if you have any questions regarding the above-mentioned items or if you’d like to discuss anything further.

Sincerely,
Ken Fichtelman
Associate Planner
Enc: 1. Conditions of Approval

Page 42 ends

Complete Letter For TPM 22-0003 Page 3
425 E. Gladstone Street
February 1, 2023
Conditions of Approval

1. Prior to the start of construction, a minimum five-foot (5’) high fence composed of chain link or other approved material including a dark green or black view obscuring screen, shall totally enclose the perimeter of the development when vacant, under construction, or under demolition, and said fence shall remain until occupancy is granted.

2. The Applicant/Developer shall provide a signed copy of the City’s certification statement declaring that the contractor will comply with Minimum Best Management Practices (BMPs) required by the MS4 permit for Los Angeles County as mandated by the National Pollutant Discharge Elimination System (NPDES).

3. The Applicant/Developer shall install sanitary sewers to serve the entire development to the specifications of the City Engineer. Each dwelling unit shall have separate private 4” laterals connected to the existing public sewer main in Gladstone Street.

4. The Applicant/Developer shall Contact the Los Angeles County Sanitation District for any required annexation, extension, or sewer trunk fee. Proof of payment/clearance is required before the City will issue any sewer permit.

1. The subject development is located within an area of Special Flood Hazard as identified by the Federal Emergency Management Agency (FEMA). The Applicant/Developer shall meet all conditions and requirements as set forth in Title 15, Chapter 15.60 of the San Dimas Municipal Code.

2. The Applicant/Developer shall provide drainage improvements to carry runoff of storm waters in the area proposed to be developed, and for contributory drainage from adjoining properties to be reviewed and approved by the City Engineer. The Applicant/Developer shall make a good faith effort to negotiate with the downstream property owner for all required downstream storm drain improvements. The proposed drainage improvements shall be based on a detailed Hydrology Study conforming to the current Los Angeles County methodology. The developed flows outletting into the existing downstream system(s) from this project cannot exceed the pre-existing storm flows.

3. For all projects which disturb less than one (1) acre of soil, Applicant/Developer shall submit a temporary erosion control plan to be approved by the City Engineer and filed with the City and shall be installed and operable at all times.

4. For all non-exempt projects which disturb less than one (1) acre of soil and are not part of a larger common plan of development which in total disturbs one acre or more, Applicant/Developer must submit a signed certification statement declaring that the contractor will comply with Minimum Best Management Practices (BMPs) required by the MS4 permit for Los Angeles County as mandated by the National Pollutant Discharge Elimination System (NPDES). Additionally, all projects within this category will require the preparation and submittal by the Applicant/Developer a local Stormwater Pollution Prevention Plan/Wet Weather Erosion Control Plan. The project proponent is ultimately

Page 43 ends

Complete Letter For TPM 22-0003 Page 4
425 E. Gladstone Street
February 1, 2023
responsible to comply with all requirements of the MS4 permit, which the City of San Dimas enforces. The City of San Dimas has the authority to enter the project site, review the local SWPPP/WWECP and require modifications and subsequent implementation to the local SWPPP/WWECP in order to prevent polluted runoff from leaving the project site onto private or public property. In order to manage storm water drainage during construction, one or more of the following measures shall be implemented to prevent flooding of adjacent property, prevent erosion and retain soil runoff on the site:
a. Retention basins of sufficient size shall be utilized to retain storm water on the site. (BMP SE-2, Sedimentation Basin)
b. Where storm water is conveyed to a public drainage system, collection point, gutter, or similar disposal method, water shall be filtered by use of a barrier system, wattle, or other method approved by the enforcing agency. (BMPs SE-1, Silt Fence; SE-5, Fiber Rolls; SE-6, Gravel Bag Berm)

5. The Applicant/Developer shall provide mailboxes per City of San Dimas standards.

Mailbox locations are subject to the approval of the local postmaster and the City Engineer.

6. The Applicant/Developer shall submit water plans to be reviewed and approved by the City Engineer and the Los Angeles County Fire Department.

7. The Applicant/Developer shall be responsible for any repairs within the limits of the development, including but not limited to streets and paving, curbs and gutters, sidewalks, and street lights as determined by the City Engineer and Public Works Director.

8. For all projects subject to Low Impact Development (LID) regulations, Applicant/Developer must submit a site-specific drainage concept and stormwater quality plan to implement LID design principles.

9. A fully executed “Maintenance Covenant for LID Requirements” shall be recorded with the L.A. County Registrar/Recorder and submitted to the Public Works Department prior to the Certificate of Occupancy. Covenant documents shall be required to include an exhibit that details the installed treatment control devices as well as any site design or source control Best Management Practices (BMPs) for post construction. The information to be provided on this exhibit shall include, but not be limited to:
i. 8 ½” x 11” exhibits with record property owner information. ii. Types of BMPs (i.e., site design, source control and/or treatment control) to ensure modifications to the site are not conducted without the property owner being aware of the ramifications to BMP implementation. iii. Clear depiction of location of BMPs, especially those located below ground. iv. A matrix depicting the types of BMPs, frequency of inspection, type of maintenance required, and if proprietary BMPs, the company information to perform the necessary maintenance.
v. Calculations to support the sizing of the BMPs employed on the project shall be included in the report. These calculations shall correlate directly with the minimum treatment requirements of the current MS4 permit. In the

Page 44 ends

Complete Letter For TPM 22-0003 Page 5
425 E. Gladstone Street
February 1, 2023
case of implementing infiltration BMPs, a percolation test of the affected soil shall be performed and submitted for review by the City Engineer. vi. This document shall be reviewed by and concurred with Public Works to ensure the covenant complies with the MS4 Permit.

10. A Final Map prepared by or under the direction of a Registered Civil Engineer or Licensed Land Surveyor must be processed through the City Engineer prior to being filed with the County Recorder.

11. All easements existing at the time of the Final Map approval must be accounted for on the approved Tentative Map. This includes the location, owner, purpose, and recording reference for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the tentative map in lieu of its location.

12. Easements for Private Driveways and Fire Lanes, Multi-Use Trails, and all utilities, including water, sewer, and storm drains shall be provided on the Final Map to the satisfaction of the City Engineer, City Attorney, and the Director of Development Services.

13. All site, grading, landscape & irrigation, and street improvement plans shall be coordinated for consistency prior to the issuance of any permits.

14. A preliminary title report and guarantee is required and such document shall show all fee interest holders; all interest holders whose interest could ripen into a fee; all trust deeds, together with the name of the trustee; and all easement holders. The account for this title report should remain open until the final map is filed with the County Recorder.

15. Construction parking and material storage to be confined to the site. No construction related parking or material storage will be allowed on the surrounding streets.

16. The Applicant/Developer shall record a private common driveway maintenance agreement for the dwelling units on the property to the satisfaction of the City Engineer prior to Certificate of Occupancy.

The existing structure within the 4’ setback area must be demolished to the satisfaction of the Building Official prior to recordation of the Final Map.

Page 45 ends

ATTACHMENT 2

Page 46 ends

Page 47 ends

SPECIAL CITY COUNCIL

MEETING

ACTION MINUTES
DECEMBER 20, 2023, 6:00 PM
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember John Ebiner, Councilmember Eric Nakano, Councilmember Eric Weber Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Administrative Services Michael O’Brien, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black,
Call to Order: 6:04 PM

OTHER BUSINESS ITEMS COMMENTS/RECOMMENDATIONS

1. Resolution 2023-73 to Appoint Emmett G.

Badar to the Office of Mayor and Cancel
the March 5, 2024 Election for the Office
of Mayor, Due to Only One Person Being
Nominated for that Office
MOTION: Motion/seconded by
Councilmember Ebiner/Mayor Pro Tem
Vienna to adopt Resolution 2023-73. The
motion carried 5-0.

Yes: Badar, Vienna, Ebiner, Nakano, Weber
No: None

Absent: None
Abstain: None
Adjourned: 6:13 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

Page 48 ends

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of January 9, 2024
From: Chris Constantin, City Manager
Prepared by: Debra Black, City Clerk
Subject: Approve a Five-Year Agreement with Extension Option for Installing a 24-Hour Vote-by-Mail Ballot Drop Box at Lone Hill Park by Los Angeles County Registrar-Recorder
____________________________________________________________________________

SUMMARY
The Los Angeles County Registrar-Recorder is requesting permission to install a Vote-by-Mail (VBM) Ballot Drop Box at Lone Hill Park.

RECOMMENDATION
City staff recommends that the City Council:
• Approve the request from the Los Angeles County Registrar-Recorder to install a 24-hour Vote-by-Mail Ballot Box at Lone Hill Park for a five-year term, with the possibility of extension upon mutual agreement.

FISCAL IMPACT
Minimal. The City is responsible for ensuring access and minor adjustments to the site, such as relocating some irrigation lines. The County will bear all costs related to the installation, maintenance, and eventual removal of the ballot box.

BACKGROUND
The Los Angeles County Registrar-Recorder anticipates adding about 18 new Vote-by-Mail (VBM) drop boxes county-wide. A representative with the VBM program contacted the City for approval to install one of the drop boxes at Lone Hill Park. City Staff that included the City Clerk, Public Works Engineering Manager and Parks and Recreation Landscape Manager met with County Officials at the park to identify a location and discuss the installation process. An area at the southwest end of the park between the parking lot and the restrooms was identified to be the best location for the box (Attachment 1 - page 6). Staff will need to relocate some irrigation lines

Page 49 ends

Request to Locate Vote-by-Mail Ballot Drop Box at Lone Hill Park Page 2 For the Meeting of January 9, 2024
before the install. Other considerations are nearby and accessible parking, a clear approach with no obstacles, visibility from nearby streets or public paths etc.

The agreement would be a 5-year Facility Use Agreement for the box that covers the next 2 major election cycles and gives residents/park-goers time to get used to this voting option. The agreement is renewable for additional 5-year terms or other periods on expiration. A generic draft agreement was provided and reviewed by the City Attorney who had no comments and is attached (Attachment 1). As far as maintenance/repair etc., all costs are borne by LA County. Other concerns addressed:
• They will install the box, pour a concrete slab if needed, and the County will remove all the installation when the Agreement expires, restoring the site to previous condition as much as possible.
• If the box sustains damage or graffiti, they have a team that usually responds within 24 hours to mitigate it. (There's an 800 number on the box to report this.) • Should the box require a temporary relocation for construction/groundwork, etc. they can also do that, or temporarily remove and reinstall it.

DISCUSSION/ANALYSIS
The Los Angeles County Registrar-Recorder’s Office depends on its partnerships with local agencies to promote voter participation. An example is hosting one of the largest Vote Centers in the area at the Stanley Plummer Building for in person voting. For the June 2022 General Municipal Election, 6,323 or 77% of all votes were cast via a vote by mail (VBM) ballot, of those, 2,764 ballots or 44% were cast at the San Dimas library drop box. During the November 2022 General Election, 3,855 VBM ballots were cast at the library.

VBM Drop Boxes are placed according to Election Code. One box is required for every 15,000 registered voters in an area. Failure to install a box at Lone Hill Park negatively affects 15,000 residents that would then have to travel nearly 2.5 miles while crossing the 57 freeway to find their nearest box.

The County continues to see a raise in VBM voting and providing the voters the convenience of dropping off their ballot in their neighborhood is one tool that can promote more voter participation.

ALTERNATIVES
Council can deny the request to place the drop box at Lone Hill Park and voters in that neighborhood wanting to use a drop box would have to travel to the library for the closest in person drop-off location.

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,

Page 50 ends

Request to Locate Vote-by-Mail Ballot Drop Box at Lone Hill Park Page 3 For the Meeting of January 9, 2024
Debra Black
City Clerk
Attachments:

1. Facility Use Agreement

Page 51 ends

ATTACHMENT XVI

VOTE CENTER FACILITY DROP BOX USE AGREEMENT
Agreement and authorization is granted by ____________________________ (‘Host’) and the Los Angeles County Registrar-Recorder/County Clerk (‘RR/CC’) for the use of the designated facility space specified below:

For and in consideration of the following conditions, both parties hereby agree as follows:

Term: This Agreement is entered into this ____ day of _________, 20___ upon the execution hereof by the Parties and shall expire five (5) years thereafter (Initial Term), unless sooner terminated or extended, in whole or in part, as provided in this agreement. Upon expiration of the initial term, and upon mutual agreement executed by the RR/CC and Host, parties may renew this Agreement for an additional __-year period ("Extended Term").

Use of the Facilities: Upon receiving notice from RR/CC no later than 45 days prior to an Election or no later than 45 days prior to an odd-year or special, unscheduled election, Host permits access to the agreed upon designated space/drop box location as stated in the 24-Hour Drop Box Plan (Attachment A).

Facility Requirements:

Host permits access to the agreed upon designated space for the installation of the 24-Hour Drop Box as depicted in the Designated Space Schematic (Attachment B).

Host will ensure access to the designated space and the 24-Hour Drop Box to the public.

Host will permit access to RR/CC staff and vehicles to take all actions necessary to install, uninstall and/or modify drop box, open/close drop box, retrieve ballots, perform maintenance, and comply with applicable laws and regulations governing drop boxes.

Draft
March 2024 Primary Election 9th Janaury 24 Lone Hill Park City of San Dimas 500 N Shellman Ave, San Dimas, CA 91773
ATTACHMENT 1

Page 52 ends

In the event there is an issue related to the drop box, host will contact RR/CC at the contacts listed in the 24-Hour Drop Box Plan to report the issue.

RR/CC will be responsible for all costs associated with the purchase and installation of the 24- Hour Drop Box. The 24-Hour Drop Box will be removed following the completion of the initial term of this agreement, at the completion of the extended term, as otherwise provided herein or as mutually agreed upon in writing by the parties. RR/CC will be responsible for all costs associated with the removal of the 24-Hour Drop Box. Upon removal, the RR/CC will return the designated space to the condition it was in at the time of installation, or as close as possible to the condition it was in at the time of installation.

Parking Requirements: Host agrees to provide sufficient parking, including accessible spaces, and a waiver of any parking fees for RR/CC staff and voters where possible.

Public Voting Period: Host agrees to provide RR/CC staff access to the designated space twenty-four (24) hours a day beginning thirty-one (31) days before an election.

Promotions and Political Material: Host agrees to remove any political campaign signage or literature and not engage in audible dissemination of electioneering information within 100 feet of the designated space and not conduct any promotional activity tied to the public voting period without prior authorization from RR/CC.

Termination of the Agreement: Except for the occurrence of a natural disaster causing damage or otherwise adversely affecting the designated space/drop off location, or unforeseen building/structural damage to the designated space/drop off location, which shall be solely determined by the RR/CC, Host shall not cancel or change the location and this Agreement shall remain in effect, with all conditions set forth. RR/CC may at any time and without reason, revoke its request to use the designated facility space/drop box location. In the event any provision of this Agreement contradicts County of Los Angeles Board policies or any applicable laws, rules, and regulations, RR/CC may terminate this Agreement, effective immediately upon written notice Amendment of the Agreement: No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by both parties. This Agreement may be modified or amended only upon the mutual written consent of both the Host and the RR/CC. Any amendment shall become effective upon the mutual written consent of both the Host and the RR/CC.

Certificate of Self-Insurance: RR/CC will provide a certificate of self-insurance.

Indemnity Agreement: Agency shall indemnify, defend and hold harmless County, its trustees, elected and appointed officers, agents, employees, and volunteers from and against any and all liability, including, but not limited to, claims for injury or damages, demands, actions, fees, loss, costs and expenses (including reasonable attorney and expert witness fees) arising out of or incurred in connection with the performance of this agreement, but only in proportion to and to the extent such liability, loss, demands, actions, fees, costs and expenses are caused by or result from the negligent or intentional acts or omissions of the Agency, its trustees, officers, agents, employees, or volunteers.

Draft

Page 53 ends

County shall indemnify, defend and hold harmless Agency, its trustees, officers, agents, employees, and volunteers from and against any and all liability, including, but not limited to, claims for injury or damages, demands, actions, fees, loss, costs and expenses (including reasonable attorney and expert witness fees) arising out of or incurred in connection with the performance of this agreement, but only in proportion to and to the extent such liability, loss, demands, actions, fees, costs and expenses are caused by or result from the negligent or intentional acts or omissions of the County, its trustees, officers, agents, employees, or volunteers.

Electronic Signatures: The Host and RR/CC agree to facsimile and electronic scanned versions of original signatures of authorized signatures of each party have the same force and effect as original signatures such that the parties need not follow up facsimile or electronic transmissions of executed documents with original wet-signature versions.

THE ABOVE SITE INDEMNITY AGREEMENT APPLIES TO ONLY ELECTIONS

CONDUCTED BY LOS ANGELES COUNTY REGISTRAR-RECORDER/COUNTY CLERK IN WITNESS WHEREOF, and executed as the date first above written above, the Parties to this agreement do hereby agree and consent to all terms and conditions provided herein.

Los Angeles County
Registrar-Recorder/County Clerk
Facility Name
_____________________________________ ___________________________________ Signature & Date Signature & Date
_____________________________________ ___________________________________ Printed Name and Title Printed Name and Title
Draft
Lone Hill Park

Page 54 ends

24- HOUR DROP BOX PLAN (Attachment A)
The following constitutes the mutually agreed upon 24-Hour Drop Box Plan for the by _________________________ (‘Host’) and the Los Angeles County Registrar-Recorder/County Clerk (‘RR/CC’) for the use of the facility space specified below:

Contact List – Host
Primary Contact Name Phone #
Email Address Alternate
Phone #
Secondary Contact Name Phone #
Email Address Alternate
Phone #
After Hours Emergency
Contact Name Phone #
Email Address Alternate
Phone #
Contact List – RR/CC
Primary Contact
Name Phone #
Email Address Alternate
Phone #
After Hours
Emergency Contact
Name
Phone #
Email Address Alternate
Phone #
Draft
Phillip Verbera 562-462-2699 [email protected] 626-922-0890 [email protected] March 2024 Primary Election March 2024 Primary Election Lone Hill Park City of San Dimas 500 N Shellman Ave, San Dimas, CA 91773

Page 55 ends

Access Schedule
Host has agreed to grant access to the public and RR/CC to the designated space and drop box for the following dates:

Start Date End Date
During the above period, the public and RR/CC shall have access to the designated space twenty-four (24) hours a day for the entirety of the voting period Designated Space, Parking, and Public Access
RR/CC agrees to make best efforts to limit signage and vehicle traffic to the mutually agreed upon areas depicted in Attachment ‘B’.

Additional Access Considerations
Please specify any additional considerations necessary in providing RR/CC access to the designated space (Alarm Codes, Gate Keys, Access Badges, Parking Passes, etc.):

Draft
January 27,2024 March 9, 2024

Page 56 ends

Designated Space Schematic (Attachment B)
Box shall be installed in the space marked below. In the event an alternative location is identified and agreed upon by both parties, this agreement can be amended with a revised Attachment B.

Draft

Page 57 ends

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of January 9, 2024
From: Chris Constantin City Manager
Prepared by: Debra Black, City Clerk
Subject: Consideration of the Acceptance of a Donation
____________________________________________________________________________

SUMMARY
A local religious organization has made a monetary donation to the City. The City does not have a policy in place for accepting donations and is asking for Council direction as to how to proceed.

RECOMMENDATION
Staff recommends that the City Council provide direction on the following:

1. Acceptance of a donation of $2,000.00 from Only the Bible Ministry of San Dimas and to restrict such purpose for use by the Housing Division to benefit low-moderate income or residents of the City’s mobile home and senior apartments, and

2. Direct City staff to develop an appropriate policy governing the acceptance of donations.

FISCAL IMPACT
There is limited cost to accept the donations

BACKGROUND
On December 7, 2023, the City received a donation of $2,000.00 by check from Pastor Peter Young S. Son of the Only Bible Ministry in San Dimas. They request that the funds be used to help community members in need. While the donation does not have an explicit restriction, it is recommended that such donation be allocated to the Housing Division for use in their low-moderate income and mobile home programs.

DISCUSSION/ANALYSIS

Page 58 ends

Consideration of Acceptance of Donation Page 2
For the Meeting of January 9, 2024
Cities receive donations frequently in the form of funds and materials. For example, the City of San Dimas has regularly accepted items, such as artwork that resides in City buildings.

Donations to cities are also generally tax deductible, and as such, there is a financial as well as mission benefit for an organization or individual to donate to cities.

It appears the City does not have an explicit budget or operational policy governing citywide donations, acceptance, utilization, and accounting for donations which may be provided to the City. There are benefits to formulating a policy to clearly delineate how donations are accepted. For example, should donations or materials be made which require storage and maintenance, the City may need to analyze its ability to store and maintain such materials.

Thus, City staff recommend the City Council direct the creation of a policy governing the acceptance of donations.

ALTERNATIVES
The Council could reject the donation and return the donation to the donor.

Respectfully submitted,
Debra Black
City Clerk
Attachments:

1. Only the Bible Ministry Donation Letter

Page 59 ends

ATTACHMENT 1

Page 60 ends

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of January 9, 2024
From: Chris Constantin, City Manager
Prepared by: Luis Torrico, Interim Director of Community Development Subject: Introduce Ordinance 1303 Approving Municipal Code Text Amendment 22-0006 to Regulate the Use of Transit Facilities, and Determination of Exemption from CEQA under CEQA Guidelines 15061(b)(3).
____________________________________________________________________________

SUMMARY
The City of San Dimas has existing Code provisions that protect the public health, safety and general welfare, and more importantly, to provide safe access to public facilities, including, but not limited to streets, sidewalks, and publicly owned properties. Transit facilities should have the same protection and access as any other public facility in the City. Ordinance 1303 creates regulations to ensure these facilities are readily accessible to the public and available for their intended use.

RECOMMENDATION
City staff recommend that the City Council:

1. Read by title and introduce Ordinance 1303 (Attachment 1) approving Municipal Code Text Amendment 22-0006 to Amend Title 12 of the San Dimas Municipal Code by adding a New Chapter, Chapter 12.18 to Regulate the Use of Transit Facilities to Ensure They Are Used Primarily for Transit Purposes, and Determine the Ordinance is Exempt from CEQA under CEQA Guidelines 15061(b)(3).

FISCAL IMPACT
Implementation of the new Ordinance will require enforcement and may include collection of personal property, which will include, but not limited to, noticing, inventorying, storing, pickup and disposal of said personal property, in compliance with the law. Departments that will be directly affected by fiscal impacts include Public Works and Community Development/Code Enforcement.

The Sheriff’s Department will also play a role in enforcement which will more likely result in added costs absorbed by the City.

Page 61 ends

Introduction of Ordinance 1303 Page 2
For the Meeting of January 9, 2024

BACKGROUND
Public transportation is a public benefit that reduces air pollution, reduces road congestion, and allows San Dimas residents and the general public to move around the region. With the expansion of public transportation options such as the A-Line (formerly Gold Line) and Foothill Transit’s services, it’s important to ensure that access to transit facilities is provided to all members of the public during the transit provider’s hours of operation. It’s also equally important that transit facilities are maintained in a clean, sanitary and safe condition to protect the community’s health, safety and general welfare. While not all transit facilities are owned by the City of San Dimas, they should be protected, and be readily available to the public, as any other City-owned or public facility in the City.

DISCUSSION/ANALYSIS
The addition of Chapter 12.18 to Title 12 of the San Dimas Municipal Code will allow the City to regulate the use of transit facilities, which include, but not limited to, shelters and benches at bus stops and train stations, taxi stands, and area required for boarding and unloading of passengers.

Specifically, the Ordinance would establish transit facility hours, prohibit the obstruction of transit facilities, and create a process by which the City can remove property from transit facilities to ensure access by the public. The proposed Ordinance would also regulate the proposed A-Line which is expected to begin operation in 2025.

Transit facility hours
Under the proposed Ordinance, transit facilities on City property, located within the City right-of-way, or owned by the City would be closed to the public except between 30 minutes before the first transit vehicle of the day is scheduled to arrive at the transit facility until 30 minutes after the last transit vehicle of the day is scheduled to arrive at the transit facility. It would be unlawful to occupy the transit facility outside of the operating hours.

Prohibition of obstructing, camping at, and storing personal property Maintaining access to transit facilities is one of the main goals of the proposed Ordinance. Not only providing access to commuters but also to provide access to the City and/or responsible entity for maintenance purposes. The Ordinance would prohibit camping, storing personal property and interfering with or obstructing another person’s ability to use the transit facility.

Interference or obstruction includes laying down on, or otherwise taking up more space than that required by one seated person, impeding access required by the American Disabilities Act (ADA), prohibiting a person from entering or exiting a transit facility or vehicle, or amenity provided by the transit facility, creating an unsafe environment, or placing trash or waste in a manner that would obstruct a person from accessing or entering a transit facility. The Ordinance would also prohibit attaching any item to a transit facility.

Removal of property
In addition to creating standards to regulate the use of transit facilities, the Ordinance would also give the City the authority to remove personal property to ensure continued access to transit facilities. The requirements that come with removing personal property are outlined in Section

12.18.050 of the proposed Ordinance. The requirements comply with State law, and include noticing when required, handling, storing and retrieval requirements. Personal property that is

Page 62 ends

Introduction of Ordinance 1303 Page 3
For the Meeting of January 9, 2024
stored in a transit facility or that is creating an obstruction in a transit facility may be immediately removed from the transit facility by an enforcement officer.

Adoption of the proposed transit Ordinance would allow the City to provide the same protection to transit facilities that exist for other public facilities in the City. The Ordinance would assist in ensuring that transit facilities within the City are readily accessible and available to residents and the public for their intended purposes. Obstructions such as camping, storing personal property or taking up more space on a bench than that required by one seated person create hazards to the public health and safety. This Ordinance would address these concerns and would also ensure that transit facilities are kept in a clean, orderly, welcoming, and comfortable condition by providing access to the City and/or responsible entity for maintenance purposes. Lastly, as previously mentioned, it is important to provide the same protection to transit facilities as any other City-owned or public facility in the City. The adoption of this Ordinance would be in line with the City’s commitment of providing safe and accessible public facilities.

ALTERNATIVES
There are no alternatives proposed as part of this request; however, the City Council may propose revisions to the proposed Ordinance or not make any changes to City code.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because it can be seen with certainty there is no possibility the proposed ordinance may cause a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Luis Torrico
Interim Director of Community Development
Attachment:

1. Ordinance 1303

Page 63 ends

ATTACHMENT 1
ORDINANCE 1303

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, ADDING CHAPTER 12.18 OF

THE SAN DIMAS MUNICIPAL CODE REGULATING THE USE OF TRANSIT

FACILITIES

RECITALS
WHEREAS, pursuant to the police power granted in Article XI, Section 7 of the California Constitution, the City may enact and enforce ordinances that protect the health, safety, and welfare of the community; and
WHEREAS, transit facilities should be readily accessible to the public and available for use by intended users during operation of the transit service; and WHEREAS, use of transit facilities for purposes of camping such as erecting a tent, or other temporary shelter, lodging, sleeping, and storage of personal property and bulky items, interferes with the rights of others to use transit facilities for the purposes for which they were intended, and creates a hazard to the public health and safety through the creation of unsanitary and unsafe conditions; and
WHEREAS, the City recognizes that when transit facilities remain accessible to the traveling public for protection from the elements while awaiting transportation, and appear clean, orderly, welcoming, and comfortable, the public peace, health, and safety tend to be preserved; and
WHEREAS, the City seeks to adopt measures to regulate the use of transit facilities to preserve the public peace, health and safety of all.

NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, California, does ordain as follows:

SECTION 1. NEW CHAPTER. A new chapter is hereby added to the San Dimas Municipal Code to read as follows:

Chapter 12.18 Regulating the Use of Transit Facilities

12.18.010 Purpose and intent.

Transit facilities within the City should be readily accessible and available to residents and the public for their intended purposes. This chapter aims to maintain transit facilities within the City in a clean, sanitary, safe, attractive, and accessible condition and to protect the community's health, safety, environment, and general welfare. In addition, the use of transit facilities for camping, sleeping, and storing of personal property and bulky items interferes with the rights of others to use and enjoy those areas as they are intended.

12.18.020 Definitions.

For the purposes of this chapter, the following terms are defined as follows:

Page 64 ends

Ordinance 1303 Page 2
Regulating The Use Of Transit Facilities

1. "Bulky item" means any item that is too large, or a group of items that cumulatively are too large, to fit into one sixty-gallon trash container with the lid closed, including, but not limited to, a mattress, couch, chair, or other furniture or appliance.

2. “Camp” and "camping" have the same meaning given in Section 8.40.020 of this code.

3. “Camp facilities” has the same meaning given in Section 8.40.020 of this code.

4. “Enforcement officer” means a law enforcement officer, a city code enforcement officer, or any other person authorized by the city to enforce this code.

5. "Personal property" has the same meaning given in Section 8.40.020 of this code.

6. "Store" has the same meaning given in Section 8.40.020 of this code.

7. "Transit facility” means a highway other than a state highway, a railroad, a public mass transit facility, a taxi stand, a bus stop, a bus shelter, a bus station, a bus bench, spaces that are required for boarding and alighting activity for transit passengers, infrastructure needed for bus vehicles to service the waiting areas, a place providing access to or egress from transit services, including, but not limited to, interchanges on a highway used by one or more transit providers, train stations, shuttle terminals or stops, and reserved travel lanes for exclusive transit operation.

8. “Transit vehicle” means a train, bus, car, van, shuttle, or other form of transportation used to carry people.

12.18.030 Transit facility hours.

Transit facilities on city property, in the City right-of-way, or owned by the City are closed to the public except between the following hours: 30 minutes before the first transit vehicle of the day is scheduled to arrive at the transit facility until 30 minutes after the last transit vehicle of the day is scheduled to arrive at the transit facility. It is unlawful to occupy any such transit facility during hours when the transit facility is closed.

12.18.040 Prohibition of obstructing, camping at, and storing personal property at, on, or in transit facilities.

The following actions are prohibited at, on, or in any transit facility, unless the transit facility is owned by a public agency other than the City and the public agency authorized the activity:

A. Camping;
B. Storing personal property;
C. Interfering with or obstructing another person’s ability to use the transit facility or

Page 65 ends

Ordinance 1303 Page 3
Regulating The Use Of Transit Facilities
a transit vehicle for its intended use, including but not limited to any of the following:

1. Laying down on, or otherwise taking up more space than that required by one seated person on, any bench or in any seating area, including but not limited to placing or storing a bulky item in a transit facility;

2. Taking any action that impedes passage required by the Americans with Disabilities Act of 1990, as amended from time to time;

3. Interfering with, or obstructing with one’s person or any item, any person’s ability to enter or exit a transit facility or transit vehicle, or to access any portion of or amenity at or on a transit facility or transit vehicle;

4. Creating an environment that a reasonable transit rider would consider intimidating, threatening, or unsafe;

5. Placing trash or waste anywhere other than a designated trash receptacle; or D. Attaching any item to a transit facility.

12.18.050 Removal of property; detachment of attached items.

A. Personal property that is unlawfully stored in a transit facility or is creating an obstruction in a transit facility shall be immediately removed by its owner from the transit facility upon the request of an enforcement officer.

B. Any unattended item of personal property that is unlawfully stored in a transit facility or that is creating an obstruction in a transit facility may be immediately removed from the transit facility by an enforcement officer and placed outside of the transit facility.

C. Personal property placed or stored in a transit facility in violation of this chapter is also subject to removal in accordance with the procedures in Section 8.40.070 of this code.

D. Anything unlawfully attached to a transit facility may be immediately detached from the transit facility by an enforcement officer.

SECTION 2. CEQA DETERMINATION. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

Page 66 ends

Ordinance 1303 Page 4
Regulating The Use Of Transit Facilities
SECTION 4. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify the adoption of this Ordinance and cause the same to be posted and/or published as required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 23rd day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1303 was introduced at a regular meeting of the City Council of the City of San Dimas on the 9th day of January, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 23rd day of January, 2024. ___________________________
Debra Black, City Clerk

Page 67 ends

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of January 9, 2024
From: Chris Constantin, City Manager
Prepared by: Luis Torrico, Interim Director of Community Development Subject: Introduce Ordinance 1302 Approving Municipal Code Text Amendment 22-0002 to Regulate Camping and Storage on Private and Public Property, and Determination of Exemption from CEQA under CEQA Guidelines 15061(b)(3) ____________________________________________________________________________

SUMMARY
The proposed Ordinance aims to establish provisions to regulate unlawful camping and unlawful storage of personal property on private and public property, which can lead to serious health, safety, and accessibility concerns. The San Dimas Municipal Code has existing provisions that regulate overnight camping in parks but not anywhere else in the City.

Ordinance 1302 would add a new chapter to the Municipal Code that will expand the City’s authority to mitigate impacts associated with unlawful camping and storage of personal property citywide.

RECOMMENDATION
City staff recommends that the City Council:

1. Read by title and introduce Ordinance 1302 (Attachment 1) approving Municipal Code Text Amendment 22-0002 to Amend Title 8 of the San Dimas Municipal Code by Adding a New Chapter, Chapter 8.40 to Regulate Camping and Storage on Private and Public Property, and Determine the Ordinance is Exempt from CEQA under CEQA Guidelines 15061(b)(3).

FISCAL IMPACT
While there will be costs associated with the implementation of the Ordinance, these costs are already being incurred by the City as the City already collects and stores personal property. The Ordinance will create regulations for camping and storage of personal property, which will assist both the individual engaging in camping activities, and City staff. With these regulations in place, the goal is that it will lead to fewer situations in which the City needs to collect and store personal

Page 68 ends

Introduction of Ordinance 1302 Approving MCTA 22-0002 Page 2 For the Meeting of January 9, 2024
property. Additionally, the City maintains and incurs costs associated with the Los Angeles Centers for Alcohol and Drug Abuse (LACADA) which provides an array of services with dedicated beds to the City of San Dimas.

BACKGROUND
Homelessness is a multifaceted challenge that impacts not only the individuals directly experiencing it but also the broader community, affecting public safety, community well-being, and the allocation of tax dollars. In the City of San Dimas, we are committed to addressing this issue with compassion and effectiveness, providing an array of resources aimed at assisting those currently homeless and those at risk of homelessness.

Our recent collaboration with the Los Angeles Center for Drug and Alcohol (LACADA) marks a significant step in expanding our support network. This partnership focuses on comprehensive services including street outreach, housing navigation, mental health support, case management, and facilitating access to healthcare and housing. Additionally, we have dedicated four beds within the city for residential treatment and emergency transitional housing, emphasizing our commitment to tangible solutions.

LACADA's outreach team, active in San Dimas four days a week, prioritizes building personal relationships with the homeless population, encouraging engagement with our services. We recognize the importance of voluntary participation in these programs, respecting the autonomy of each individual.

Acknowledging the complexities of homelessness, it is important to note that not all unsheltered individuals readily accept assistance, with a significant portion in our community displaying service resistance. In this context, our proposed camping and property storage regulations aim to strike a balance: maintaining community standards and public health, while also acting as a catalyst for those resistant to services. By setting clear and fair guidelines, we hope to encourage more individuals to engage with the support available, ultimately aiding them in transitioning off the streets and into a pathway for sustained help.

The City's approach aligns with recent court decisions that prevent the criminalization of homelessness, recognizing the right to occupy public spaces when no shelter is available. This understanding, however, does not extend to individuals who can afford temporary shelter but choose not to use it, or to those who decline available shelter options, such as the beds provided through our LACADA partnership.

Our goal is not to penalize homelessness but to offer a balanced solution that respects the rights of the unhoused while addressing community needs. Through these regulations, we aim to gently encourage those resistant to services to reconsider the assistance we offer, moving them towards a path of recovery and stability.

DISCUSSION/ANALYSIS
The proposed camping ordinance would create standards with the goals of mitigating impacts that result from camping on private or public property. Camping can create an unsanitary and unhealthy environment for the individuals engaged in camping, as well as for the general public.

In addition, camping on private or public property can impede access to businesses and public facilities. The proposed Ordinance will allow the City to implement camping restrictions related to unlawful camping and unlawful storage of personal property on private and public property, which

Page 69 ends

Introduction of Ordinance 1302 Approving MCTA 22-0002 Page 3 For the Meeting of January 9, 2024
can lead to serious health, safety, and accessibility concerns. In addition, the Ordinance will be in compliance with recent court decisions in that it will include provisions for individuals without available shelter.

In situations where shelter is not available, the Ordinance will prohibit individuals from camping in certain prohibited public places and any transit shelter and on private property, prohibit camping facilities from being erected between 7:00 AM and sunset, prohibit individuals from obstructing access to a street, sidewalk, park playground, public utility, public property, or other public right-of way open for pedestrian travel or governmental use, and prohibit individuals from camping or occupying any public property that is closed to the public.

The Ordinance seeks to balance the public health and safety, with the rights of individuals experiencing homelessness. When a shelter bed is available, the Ordinance will prohibit camping on any public or private property in the City.

There will be some exceptions such as public property designated for camping, private property licensed for camping activities, temporary backyard camping on private property, and camping on at the Girl Scouts of Greater Los Angeles Center, located at 146 W. Arrow Highway, with the property owner’s permission. As previously mentioned, to be in compliance with recent court decisions the city-wide camping ban cannot be enforced if there is no shelter available to those experiencing homelessness. In these situations, only certain areas will prohibit camping. The Ordinance defines these Prohibited Public Places as the following locations:
• Any portion of Bonita Avenue or Arrow Highway, and any public property located within 1,000 feet of Bonita Avenue or Arrow Highway.
• All City-owned or leased buildings and facilities, or those owned or leased by the San Dimas Housing Authority, as well as the entire parcel or parcels on which they are located, including but not limited to:
o San Dimas Civic Center.
o San Dimas City Hall.
o San Dimas Stanley Plummer Community Building.
o San Dimas Senior Citizen/Community Center.
o San Dimas Recreation Center.
o San Dimas City Yard.
o Martin House.
o Walker House; and
o Charter Oak Estates Mobile Home Park.
• City parks and all structures located therein.
• All County-owned property within the City, including but not limited to the Los Angeles County Public Library and County parks, unless camping is authorized on the property by the County.
• All property owned by the Los Angeles County Metropolitan Transportation Authority or the Metro Gold Line Foothill Extension Construction Authority, unless camping is authorized on the property by the property owner.
• On, under, or within 500 feet of bridges and highway underpasses, with the exception of property that is part of a state highway.
• Very high fire severity zones; and
• Flood zones.

Page 70 ends

Introduction of Ordinance 1302 Approving MCTA 22-0002 Page 4 For the Meeting of January 9, 2024
The Ordinance will also include provisions related to obstructing public property or doorways, unlawful storage of personal property on public property, procedure for removal of camp facilities and personal property, and prohibition against living in motor vehicles.

One of the goals of the Ordinance is to ensure that access to sidewalks, streets, and building entrances is maintained. The Ordinance would prohibit any person from obstructing, by sitting, lying, sleeping, storing, using, maintaining, or placing personal property in a manner that obstructs access required by the Americans with Disabilities Act, within 15 feet of any driveway, building entrance, or any prohibited public place.

The Ordinance would make it unlawful to store personal property on any public property. The Ordinance further outlines what steps the City will need to take in removing unlawfully stored property. The City will provide notice that if the property is not removed within 24 hours it will be removed by the City. It also includes provisions that allow the City to immediately remove personal property that poses an imminent threat to public health or safety, is contraband, or is evidence of a crime. Once removed, the City will leave a notice in a prominent place for any property taken and said notice will contain the address and phone number of where the property is being stored, the hours during which the property may be retrieved, and the length of time that the property will be stored before being destroyed. A similar process will be utilized to remove camp facilities and paraphernalia that are in violation of the Ordinance.

Lastly, the Ordinance will include a citywide prohibition against living in motor vehicles. It shall be unlawful for any person to sleep overnight in, bathe in, cook in, or otherwise use as a place of residence or habitation any parked trailer, camper shell, motor home, or any other vehicle anywhere in the city. However, if the individual has no available shelter, the prohibition shall be limited to any Prohibited Public Place discussed above.

The City’s existing homelessness resources are intended to assist those individuals currently experiencing homelessness as well as those at risk of becoming homeless. However, the City lacks established protocols on how to mitigate negative impacts associated with unlawful camping and storage or personal property. This Ordinance will achieve this by creating standards that are intended to protect the individual engaging in camping activities and the general public and do so in compliance with recent court decisions.

ALTERNATIVES
There are no alternatives proposed as part of this request; however, the City Council may propose revisions to the proposed Ordinance or not consider the Ordinance in its entirety.

Respectfully submitted,
Luis Torrico
Interim Director of Community Development

Page 71 ends

Introduction of Ordinance 1302 Approving MCTA 22-0002 Page 5 For the Meeting of January 9, 2024
Attachment:

1. Ordinance 1302

Page 72 ends

ATTACHMENT 1
ORDINANCE 1302

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, ADDING CHAPTER 8.40 OF THE

SAN DIMAS MUNICIPAL CODE REGULATING CAMPING AND STORAGE

OF PERSONAL PROPERTY ON PRIVATE AND PUBLIC PROPERTY

RECITALS
WHEREAS, pursuant to the police power granted in Article XI, Section 7 of the California Constitution, the City may enact and enforce ordinances that protect the health, safety, and welfare of the community; and
WHEREAS, there is a need to protect the public health, safety and welfare against adverse impacts caused by unlawful camping and storage of personal property on private and public property. These activities can lead to serious health, safety, and accessibility concerns, contribute to conditions of blight, and deteriorate private and public property and City facilities; and WHEREAS, the City recognizes the need to have standards applicable to all using public and private space and for such standards to apply in a manner which balances access with the desire for a clean, orderly, welcoming, and comfortable community where the public peace, health, and safety tend to be preserved; and
WHEREAS, the City considers the needs and abilities of residents in programs, services, and regulations to ensure fair and balanced application and such application does not interfere with the rights of others to use public and private facilities for the purposes for which they were intended, and creates a hazard to the public health and safety through the creation of unsanitary and unsafe conditions; and
WHEREAS, the application of this Ordinance considers the needs for those without means or alternatives and accounts for the programs and services the City and its partners offer to facilitate an overall healthy and safe environment for all; and
WHEREAS, the City seeks to adopt measures to regulate camping and storage of personal property on private and public property to preserve the public peace, health and safety of all.

NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, California, does ordain as follows:

SECTION 1. NEW CHAPTER. A new chapter is hereby added to the San Dimas Municipal Code to read as follows:

Page 73 ends

Ordinance 1302 Page 2
Camping and Storage of Personal Property
Chapter 8.40

CAMPING AND STORAGE OF PERSONAL PROPERTY ON PRIVATE AND PUBLIC

PROPERTY
Sections:

8.40.010 Purpose.

8.40.020 Definitions.

8.40.030 Locations where camping is prohibited.

8.40.040 Applicability to persons without available shelter.

8.40.050 Prohibition citywide against living in motor vehicles.

8.40.060 Prohibition against obstructing public property or doorways.

8.40.070 Unlawful storage of personal property.

8.40.080 Removal of camp facilities and paraphernalia.

8.40.090 Offer of housing, shelter and services.

8.40.100 Exceptions.

8.40.010 Purpose.

The purpose of this chapter is to protect the public health, safety and welfare against adverse impacts caused by unlawful camping, unlawful storage of personal property, unlawful fires, littering, and loitering on private and public property. These activities can lead to serious health, safety, and accessibility concerns, contribute to conditions of blight, and deteriorate private and public property and City facilities. This chapter is meant to create standards to ensure that private property, public streets and public areas within the City are used for their intended purposes and are readily accessible and available to City residents and the general public.

8.40.020 Definitions.

The following definitions shall apply in this chapter:

A. “Available shelter” means an indoor sleeping space or a space at a permitted camping location where the person in question (i) would be lawfully permitted to sleep overnight, (ii) has the means to relocate to the shelter, and (iii) would not face any barriers to entering the shelter, including, but not limited to, required fees that the person cannot pay or required participation in religious programming to which the person objects.

B. “Camp” or “camping” means residing in or using any property for living accommodation purposes, such as sleeping or making preparations to sleep (including laying down bedding for the purpose of sleeping), setting up or occupying camp facilities, storing personal property, making any fire, regularly cooking meals, or setting up or using any camp paraphernalia. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using the property as a living accommodation with the intent to camp.

C. “Camp facilities” include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that are of sufficient size for a person to fit underneath or inside while sitting or lying down, including the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.

Page 74 ends

Ordinance 1302 Page 3
Camping and Storage of Personal Property
D. “Camp paraphernalia” means but is not limited to tarps, cots, beds, sleeping bags, other bedding, hammocks, or non-city-designated cooking facilities or heating equipment and similar equipment.

E. “County” means Los Angeles County.

F. “Enforcement officer” means a law enforcement officer, a city code enforcement officer, or any other person authorized by the city to enforce this code.

G. “Flood zones” means flood areas as determined by the current Flood Insurance Rate Map (FIRM) published by the Federal Emergency Management Agency (FEMA).

H. “Personal property” means any tangible property and includes, but is not limited to, goods, materials, merchandise, tents, tarps, bedding, blankets, sleeping bags, and personal items such as household items, luggage, backpacks, clothing, food, documents, and medication.

I. “Prohibited public place” means any of following locations:

1. Any portion of Bonita Avenue or Arrow Highway, and any public property located within 1,000 feet of Bonita Avenue or Arrow Highway;

2. All City-owned or leased buildings and facilities, or those owned or leased by the San Dimas Housing Authority, as well as the entire parcel or parcels on which they are located, including but not limited to:
(a) San Dimas Civic Center;
(b) San Dimas City Hall;
(c) San Dimas Stanley Plummer Community Building;
(d) San Dimas Senior Citizen/Community Center;
(e) San Dimas Recreation Center;
(f) San Dimas City Yard;
(g) Martin House;
(h) Walker House; and
(i) Charter Oak Estates Mobile Home Park;

3. City parks and all structures located therein;

4. All County-owned property within the City, including but not limited to the Los Angeles County Public Library and County parks, unless camping is authorized on the property by the County;

5. All property owned by the Los Angeles County Metropolitan Transportation Authority or the Metro Gold Line Foothill Extension Construction Authority, unless camping is authorized on the property by the property owner.

6. On, under, or within 500 feet of bridges and highway underpasses, with the exception of property that is part of a state highway;

7. Very high fire severity zones; and

Page 75 ends

Ordinance 1302 Page 4
Camping and Storage of Personal Property

8. Flood zones.

J. “Public property” means any City-owned property, County-owned property, all public right-of-way, property owned by the Los Angeles County Metropolitan Transportation Authority or the Metro Gold Line Foothill Extension Construction Authority, and any other publicly owned, operated, or maintained property in the City, with the exception of state highways.

K. “Sidewalk” means that portion of a street between the curb line and the adjacent property line, whether hard-surfaced or not, or an easement or right-of-way held by the City across the front of private property, and intended for use of pedestrians.

L. “Street” means and includes all streets, highways, avenues, boulevards, alleys, courts, places, squares or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the State.

M. “Store” means, in light of all of the circumstances, to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location. “Store” does not include keeping one’s personal property next to one’s person while lawfully camping, or while lawfully sitting or standing in a public place.

N. “Very high fire severity zone” means a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or a very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202.

8.40.030 Locations where camping is prohibited.

A. It is unlawful to camp on any public property in the City, with the exception of

1. City-designated campsites, or

2. with respect to County-owned property, any property on which the County allows camping, or

3. with respect to property owned by the Los Angeles County Metropolitan Transportation Authority or the Metro Gold Line Foothill Extension Construction Authority, any property on which the property owner allows camping.

B. It is unlawful to camp on any private property with the following exceptions:

1. Camping within campgrounds licensed for camping activities.

2. Temporary backyard camping on residential properties with the property owner’s permission and where such use does not violate any provision of this code or state law, does not create or permit a public nuisance, and where such use is not within view of the public right-of-way.

Page 76 ends

Ordinance 1302 Page 5
Camping and Storage of Personal Property

3. Camping at the Girl Scouts of Greater Los Angeles Center, located at 146 W. Arrow Highway, with the property owner’s permission.

8.40.040 Applicability to persons without available shelter.

A. Section 8.40.030(A) does not apply to a person that has no available shelter. In determining whether a person has available shelter, the enforcement officer shall consider the following:

1. The distance between the potential shelter and the location of the person;

2. The opening, closing, and check-in times at the shelter, if any;

3. Limitations on the amount of consecutive nights a person can stay at the shelter, or other similar requirements; and

4. Any other circumstance of the person, or any policy or requirement of the shelter, known by the enforcement officer, that would make the shelter practically unavailable to the person, even if the shelter would be practically available to someone else.

B. Notwithstanding subsection (A), a person with no available shelter is subject to the following restrictions on camping:

1. A person with no available shelter shall not camp in or on a prohibited public place, or in a transit facility, as prohibited by Section 12.18.040 of this code.

2. A person with no available shelter shall not erect, configure, or construct any camp facilities between 7:00 a.m. and sunset (except during rainfall).

3. A person with no available shelter must take down, fold, and completely remove or put away all camp facilities between 7:00 a.m. and sunset (except during rainfall).

4. A person with no available shelter shall not camp in or otherwise occupy any public property that is closed to the public at any time.

8.40.050 Prohibition citywide against living in motor vehicles.

A. It shall be unlawful for any person to sleep overnight in, bathe in, cook in, or otherwise use as a place of residence or habitation any parked trailer, camper shell, motor home, or any other vehicle as defined by Vehicle Code Section 670 anywhere in the city.

B. This section does not apply to vehicles that are lawfully parked in an authorized trailer court or campsite within the City.

C. Subsection A does not apply to a person that has no available shelter. In determining whether a person has available shelter, the enforcing employee shall consider the factors listed in Section 8.40.040(A).

D. Notwithstanding subsection C, a person with no available shelter shall not sleep overnight in, bathe in, cook in, or otherwise use as a place of residence or habitation any parked trailer,

Page 77 ends

Ordinance 1302 Page 6
Camping and Storage of Personal Property
camper shell, motor home, or any other vehicle as defined by Vehicle Code Section 670 in any prohibited public place.

8.40.060 Prohibition against obstructing public property or doorways.

A. No person in the City shall obstruct the public right-of-way, including but not limited to streets and sidewalks, or pedestrian and/or vehicle access by sitting, lying, sleeping, storing, using, maintaining, or placing personal property:

1. In a manner that impedes passage required by the Americans with Disabilities Act of 1990, as amended from time to time;

2. Within fifteen (15) feet of any operational or utilizable driveway, or loading dock;

3. Within fifteen (15) feet of any operational or utilizable building entrance or exit;

4. Within fifteen (15) feet of any fire hydrant, fire plug, or other fire department connection; or

5. On or in any prohibited public place.

B. Any person creating an obstruction in violation of this Section shall move their person or property immediately in a way that removes the obstruction upon the request of an enforcement officer.

C. Any unattended item of personal property that is creating an obstruction in violation of this Section may be immediately moved by an enforcement officer to a nearby location where it will no longer create an obstruction.

8.40.070 Unlawful storage of personal property.

A. It shall be unlawful for any person to store personal property on any public property. Nothing herein shall be construed to allow storage where otherwise prohibited by this code.

B. An enforcement officer may remove personal property stored in violation of subsection (A) as follows:

1. The location of any illegally stored personal property shall be posted with a written notice including the date and the following: "It is illegal to store personal property on public property, such as parks and sidewalks. If this personal property is not removed within 24 hours of the date of this posting, it will be removed by the City."

2. An enforcement officer may remove any personal property unlawfully stored or remaining in a public place after the posting period has expired.

3. Personal property that poses an imminent threat to public health or safety, may result in pollutants entering storm drains or other illegal discharge into water, is contraband, or is evidence of a crime shall not be subject to the above notice requirements and may be removed immediately by an enforcement officer and

Page 78 ends

Ordinance 1302 Page 7
Camping and Storage of Personal Property
stored or destroyed, in accordance with the provisions below, or other applicable laws.

C. Notice. In the event that personal property is removed by an enforcement officer, the enforcement officer shall leave a notice in a prominent place at or near the location where the property was located. The notice shall contain the address and phone number of where the property is being stored, the hours during which the property may be retrieved, and the length of time that the property will be stored before being disposed of.

D. Following removal of unlawfully stored personal property, City personnel shall do the following:

1. Maintain a log containing information about the property that will facilitate identification by the owner. Such log may include an inventory of some or all of the property, information about where the property was located, the date the property was taken by the City, and the name of any person who has previously claimed ownership of the property or whose identification was found with the property;

2. Store the property in a manner facilitating identification by City personnel, which reasonably protects such property from damage or theft; and

3. Store the property in an area designated by the City for a period of 90 days.

E. Personal property may only be retrieved during regular City business hours.

F. Personal property stored by the City, that is claimed within 90 days from removal, shall be released to the person claiming ownership at no charge, provided the person reasonably identifies the property and the approximate location where the property was left, unless there is clear evidence that the property does not belong to such person. Any person retrieving personal property from the City under this chapter shall retrieve all of their personal property at one time. Any items belonging to the person that are left in the custody of the City will be deemed abandoned and may be thrown away or otherwise disposed of.

G. Any property that is not claimed after the 90-day storage period may be disposed of without further notice.

H. Notwithstanding any other provision of this chapter, the City shall not be required to store items that are hazardous, decaying or rotting, or otherwise unsafe to store or transport.

8.40.080 Removal of camp facilities and paraphernalia.

In the event camp facilities or camp paraphernalia in violation of this chapter are found by an enforcement officer, a notice shall be provided to the occupants of the camp facility of the City’s intent to remove the camp facility or paraphernalia at least 24 hours in advance of any action. Notice shall be provided in writing and shall be served personally on the occupant(s) of the camp facility present when the enforcement officer attempts to serve notice. In addition, the enforcement officer shall post the notice in a prominent place on or near the facilities, so as to reasonably communicate the notice to persons living at the camp who are not present during the attempt to serve notice. The notice shall contain the following information:

A. A statement that the camp facility and/or paraphernalia are in violation of this chapter.

Page 79 ends

Ordinance 1302 Page 8
Camping and Storage of Personal Property
B. An advisement that the City will remove the camp facility and/or paraphernalia 24 hours after the date and time of the notice, or any longer period of time determined by the City.

C. The date and time notice was served and posted.

D. The address and phone number of where any removed personal property will be stored and the hours of when the property can be retrieved.

E. That the camp facility and/or paraphernalia will be stored for 90 days and will be discarded thereafter if not claimed.

F. Information about any housing or shelter and unhoused services available for the occupants of the camp and contact information for obtaining the housing, shelter, or other health services.

8.40.090 Offer of housing, shelter and services.

Prior to taking any enforcement action against any person under this chapter, the enforcement officer shall offer information to such person regarding any available housing or shelter and other health and human services that the enforcement officer reasonably believes are relevant to the person’s individual circumstances. However, failure to offer such information shall not be grounds to invalidate or challenge any enforcement action.

8.40.100 Exceptions.

The provisions of this chapter shall not apply in the event of an emergency, including a City-declared emergency or natural disaster, such as a fire or earthquake, nor to any persons participating in City-authorized recreational activities in parks within the City, the Civic Center area, or any other public place or facility, nor to camping in public areas legally established and clearly designated for camping purposes, nor to any employee of the City or any public utility or governmental agency who is required to enter or be in said areas in the course of their employment.

Page 80 ends

Ordinance 1302 Page 9
Camping and Storage of Personal Property
SECTION 4. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify the adoption of this Ordinance and cause the same to be posted and/or published as required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 23th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1302 was introduced at a regular meeting of the City Council of the City of San Dimas on the 9th day of January, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 23rd day of January, 2024. ___________________________
Debra Black, City Clerk

Page 81 ends

San Dimas City CouncilJanuary 9, 2024

San Dimas City Council
January 9, 2024