San Dimas City Council
February 27, 2024

CITY COUNCIL MEETING AGENDA
TUESDAY FEBRUARY 27, 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. Recognize March as National Nutrition Month
CC2. Adopt Resolution 2024­13, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Warrant Register of February 29, 2024 in the Amount of $1,267,378.25
CC3. Approve the Minutes of the February 13, 2024 City Council Meeting CC4. Adopt Resolution 2024­14 Amending the City’s Pay Plan and Reimbursement Schedule to Reclassify One Position in the Community Development Department and Reflect Changes Pursuant to Ordinance 1304.

CC5. Receive and File the January 2024 Investment Report CC6ApprovetheMidYearReportBudgetReportandAppropriations

CC1. Recognize March as National Nutrition Month
CC2. Adopt Resolution 2024­13, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Warrant Register of February 29, 2024 in the Amount of $1,267,378.25
CC3. Approve the Minutes of the February 13, 2024 City Council Meeting CC4. Adopt Resolution 2024­14 Amending the City’s Pay Plan and Reimbursement Schedule to Reclassify One Position in the Community Development Department and Reflect Changes Pursuant to Ordinance 1304.

CC5. Receive and File the January 2024 Investment Report CC6. Approve the Mid­Year Report Budget Report and Appropriations CC7. Adopt Ordinance 1304 Amending San Dimas Municipal Code (SDMC) Chapters 2.04 and

2.06 to Adjust Mayor and City Councilmember Salaries
CC8. Adopt Ordinance 1305 Amending San Dimas Municipal Code (SDMC) Chapter 13.36 (Community Tree Management) to Permit an Increased Administrative Fine for Egregious Community Tree Violations
END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.

OTHER BUSINESS
OB1. Introduce Ordinance 1306 Amending Chapter 14.11 (Stormwater Management and Discharge) & Chapter 14.13 (Low Impact Development) of the San Dimas Municipal Code to Implement Updates to the Los Angeles Regional Water Quality Control Board’s Municipal Separate Storm Sewer System (MS4) Permit
RECOMMENDATION: City staff recommends that the City Council:

Read by title and introduce Ordinance 1306
An Ordinance of the City Council of the City of San Dimas, California, Amending San Dimas Municipal Code Chapter 14.11 & Chapter 14.13 (Low Impact Development) Updating the Stormwater Management and Discharge and Low Impact Development (LID) Requirements for New Incorporating of Stormwater and Non­Stormwater Runoff 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

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 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 February 23, 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.

February 23, 2024
Debra Black
Debra Black, City Clerk Page 3
National Nutrition Month
HEREAS, food is the substance by which life is sustained; and HEREAS, the type, quality, and amount of food that individuals consume each day plays a vital role in their overall health and physical fitness; and HEREAS, there is a need for continuing nutrition education and a widescale effort to enhance healthy eating practices; and OW THEREFORE, I Mayor Emmett G. Badar, Mayor Pro Tem Ryan A.

Vienna, Councilmembers John Ebiner, Eric Nakano and Eric Weber do hereby proclaim March 2024 as National Nutrition Month.

N WITNESS THEREOF, I, Mayor Emmett G. Badar, have hereunto set my hand and caused the seal of the City of San Dimas to be affixed this 27th day of February 2024.
___________________________________ Attest: ____________________________________ Mayor City Clerk
W
W
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N
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RESOLUTION 2024-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR FEBRUARY 29, 2024 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 February 29, 2024, in the amount of $1,267,378.25.

PASSED, APPROVED AND ADOPTED this 27th, day of February 2024. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-13 was approved by vote of the City Council of the City of San Dimas at its regular meeting of February 27th, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

CITY COUNCIL MEETING

ACTION MINUTES
FEBRUARY 13, 2024, 7:00 PM

REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember John Ebiner, Councilmember Eric Weber
Council Members Absent: Councilmember Eric Nakano
Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Director of Parks and Recreation Scott Wasserman, Interim Director of Community Development Luis Torrico, City Attorney Jeff Malawy, City Clerk Debra Black
Call to Order: 7:04 PM
Motion to Excuse Absence of Council Member Eric Nakano – Motion by Mayor Pro Tem Ryan Vienna and second by Councilmember Eric Weber to excuse absence. (Passes 4-0; Absent – Nakano)

CONSENT ITEMS COMMENTS/RECOMMENDATIONS

1. Adopt Resolution 2024-07, A Resolution
of the City Council of the City of San
Dimas, Approving Certain Demands for
the Prepaid Warrant Register of January
31, 2024, in the Amount of $180,102.89
and Warrant Register of February 15,
2024, in the Amount of $665,329.65

2. Approve minutes of the January 23,
2024, City Council Meeting

3. Adopt Resolution 2024-08 Commencing
Proceedings for Annual Levy of
Assessment for Boulevard Open Space
Maintenance District and Authorizing the
City Engineer to Proceed with the
Preparation of Annual Reports

4. Adopt Resolution 2024-09 Commencing
Proceedings for Annual Levy of
Assessment for Northwoods Open Space
Maintenance District and Authorizing the
City Engineer to Proceed with
Preparation of Annual Reports
Councilmember Ebiner asked for discussion
for item 6.

MOTION: Motion/seconded by
Councilmember Ebiner/Mayor Pro Tem
Vienna to approve the consent calendar with
the exception of item 6. Motion carried 4-0
with Councilmember Nakano absent.

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

Absent: Nakano
Abstain: None
MOTION: Motion/seconded by
Councilmember Ebiner/Mayor Pro Tem
Vienna to approve item 6. Motion carried 4-0
with Councilmember Nakano absent.

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

February 13, 2024 City Council Meeting Minutes Page 2

5. Adopt Resolution 2024-11 a Resolution
of the City Council of the City of San
Dimas to Enter into an Agreement with
Great Pacific Securities for the Purpose
of Investment of Idle Funds and to
Designate Authorized Signers for the
Account

6. Introduction of Ordinance 1305
Amending San Dimas Municipal Code
(SDMC) Chapter 13.36 (Community Tree
Management) to Permit an Increased
Administrative Fine for Egregious
Community Tree Violations; Adoption of
Resolution 2024-10 Establishing the
Administrative Fine Amount at $1000 and
Adding the Fine to the City’s Schedule of
Fees and Charges

7. Approval of the First Amendment to the
Amended and Restated City Manager
Employment Agreement with Chris
Constantin and Adoption of Resolution
2024-12 Updating the City’s Pay Plan
and Reimbursement Schedule; Approval
of Related Budget Amendments

Absent: Nakano
Abstain: None

OTHER BUSINESS ITEMS COMMENTS/RECOMMENDATIONS

1. Consideration of Adjustment to Salaries
for Members of the City Council and the
Mayor; Introduction of Ordinance 1304
Amending San Dimas Municipal Code
(SDMC) Chapters 2.04 and 2.06 to
Adjust Mayor and City Councilmember
Salaries
MOTION: Motion/seconded by
Councilmember Ebiner/Mayor Pro Tem
Vienna to introduce Ordinance 1304
increasing councilmember salaries to
$1,054/month and a supplemental increase
of $250/month for the Mayor’s salary making
such $1,304. Motion carried 4-0 with
Councilmember Nakano absent.

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

Absent: Absent
Abstain: None

STAFF AND CITY COUNCIL REPORTS COMMENTS/RECOMMENDATIONS a. City Manager None
b. City Attorney None
c. Members of the City Council
Reports on Meetings Attended AB 1234
(G.C. §53232.3(d))
None

CITY COUNCIL REQUESTS FOR

FUTURE ITEMS

COMMENTS/RECOMMENDATIONS
None
Adjourned: 8:15 PM

February 13, 2024 City Council Meeting Minutes Page 3
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

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of February 27, 2024
From: Chris Constantin, City Manager
Prepared by: Cecilia Todd, Human Resources Manager
Subject: Approve Resolution 2024-14 Amending the City’s Pay Plan and Reimbursement Schedule to Reclassify One Position in the Community Development Department and Reflect Changes Pursuant to Ordinance 1304. ____________________________________________________________________________

SUMMARY
Revision of City’s Pay Plan to reclassify one position in the Community Development Department, reflect changes pursuant to Ordinance 1304, and other language updates.

RECOMMENDATION
Staff recommends that the City Council:
• Approve the revised Pay Plan and Reimbursement Schedule Resolution 2024-14 amending previous Resolution 2024-12.

FISCAL IMPACT
The total additional expenditure that will be created by the amended salary resolution for the remainder of the 2023-24 fiscal year will be approximately $7,900.

Current Position New Position Current Mo.

Salary New Mo. Salary
City Mayor N/A $830 $1,304
City Councilmember N/A $620 $1,054
Departmental
Assistant (C.D.)
Administrative
Assistant $4,234 - $5,146 $4,674 - $5,681
This will require a budget amendment in the amount of $7,900 increasing account number 001.4110.101.000.

Approve Resolution 2024-14 Amending the City’s Pay Plan and Reimbursement Schedule For the Meeting of February 27, 2024 Page 2
Due to the salary savings from the time of vacancy of the Departmental Assistant Position in Community Development that is being converted to an Administrative Assistant position, no amendment is necessary to complete the current fiscal year at or below budget.

BACKGROUND
Per the City of San Dimas’ Personnel Rules, amendments to the City’s classification and compensation plan are approved by City Council.

DISCUSSION/ANALYSIS
ORDINANCE 1304:

Ordinance 1304 was introduced at the Regular City Council Meeting of February 13, 2024, and increased the salary for City Councilmembers up to a maximum of $1,054 per month, and up to a maximum of $1,304 for the mayor. The ordinance is scheduled for approval at this meeting.

The salary change will become effective after City Council candidates are sworn in following the March 5, 2024, Municipal Election.

RECLASSIFICATION:

Community Development Department – During a review of the vacant Departmental Assistant position responsibilities and functions, it was determined that the scope of work required to be performed from this position is not appropriate at the Departmental Assistant level. This position supports the four divisions of Planning, Building, Housing, and Code Compliance within the Community Development Department and is responsible for a wide variety of administrative functions that include:
• Preparing and processing legal notices to outside organizations in Los Angeles County to ensure efficiency and coordination.
• Following legal noticing, ticketing, and appeal requirements for Planning and Code and Parking Compliance.
• Assisting with daily functions of the Building Permit Technician such as taking inspections, and plan checks, assessing fees, and issuing some permits.

These duties require the position to have higher level knowledge, skills, and abilities than are required of the Departmental Assistant position and support the more complex duties the position completes daily. Additionally, the reclassification of this position will allow for additional capacity to perform expanded work functions as an efficient means for service delivery, consistent with a recommendation from a recent performance audit. It is staff’s recommendation that this position be reclassified from a Departmental Assistant to an Administrative Assistant to ensure the required level of qualifications is accurately established for successful job performance.

LANGUAGE UPDATES
Due to administrative and policy title changes, minor language revisions have been made to the following sections:

SECTION 1, SALARY PLAN
Technical title changes from Administrative Secretary to Administrative Assistant to align with industry practices.

SECTION 8, STAND BY/ON-CALL COMPENSATION

Approve Resolution 2024-14 Amending the City’s Pay Plan and Reimbursement Schedule For the Meeting of February 27, 2024 Page 3
Updating references to response time from thirty minutes to forty-five minutes to conform with the first paragraph.

ALTERNATIVES
The City Council could decide not to adopt Resolution 2024-14 to amend the City’s Pay Plan and Reimbursement Schedule. This would keep Resolution 2024-12 in place.

The City Council could adopt only specific portions of the recommended changes to Resolution 2024-14.

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,
Cecilia Todd
Human Resources Manager
Attachments:

1. Resolution 2024-14 San Dimas Pay Plan and Reimbursement Schedule

2. Administrative Assistant Job Description

ATTACHMENT 1
RESOLUTION 2024-14

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

COUNTY OF LOS ANGELES, ADOPTING AND EXTENDING THE PAY PLAN AND

REIMBURSEMENT SCHEDULE FOR CITY EMPLOYEES
NOW, THEREFORE, the City Council of the City of San Dimas does hereby resolve as follows:

SECTION 1. SALARY PLAN
Effective February 27, 2024, Resolution 2024-12 shall be amended, and the following salary plan shall supersede all previous plans, to read as follows:

Pursuant to Ordinance 1304, the Elected Official salary will increase for City Councilmembers up to a maximum of $1,054 per month, and up to a maximum of $1,304 for the City Mayor. The salary change will become effective after City Council candidates are sworn in following the March 2024 election.

All Full Time and Hourly Classification employees, with the exception of the City Manager who is on a contracted salary rate, will be separated into two tiers of salary tables based on the employees’ hire or rehire date, whichever is the latter, being prior to, on or after July 1, 2021. • Tier 1 - 5 step schedule with approximately five percent (5%) increases in -between each step for active employees with a hire date prior to July 1, 2021. • Tier 2 - with a hire or re-hire date, on or after July 1, 2021, shall be placed on a nine-step salary schedule with increases of approximately two and a half percent (2.5%) in-between each step.

Elected Officials RANGE MONTHLY
SALARY
City Mayor 30 1,304
City Councilmember 29 1,054

FULL TIME CLASSIFICATIONS

MONTHLY
Executive Staff RANGE SALARY
City Manager Contracted 24,106
Assistant City Manager
Director of Administrative Services/Treasurer
104
100
14,616 – 17,766
13,241 – 16,095
Director of Community Development 100 13,241 – 16,095
Director of Parks & Recreation 100 13,241 – 16,095
Director of Public Works 100 13,241 – 16,095
Administrative Services
City Clerk 84 8,920 - 10,842
Information Systems Manager 83 8,702 - 10,577
Human Resources Manager 89 10,092 - 12,267
Accounting Supervisor
Information Systems/GIS Administrative Analyst
76 71
7,321 - 8,898
6,604 - 8,027
Human Resources Analyst
Accounting Technician
67 57
5,983 - 7,272
4,674 - 5,681
City Clerk Specialist 53 4,234 – 5,146

Resolution 2024-14 Adopting and Extending the Pay Plan and Reimbursement Schedule February 27, 2024 Page 2
Community Development
Planning Manager
Building & Safety Manager
89 89
10,092 - 12,267
10,092 - 12,267
Housing Manager
Senior Planner
85 80
9,143 - 11,113
8,081 - 9,822
Senior Building Inspector 79 7,884 - 9,583
Building Inspector/Plans Examiner 75 7,142 - 8,681
Associate Planner
Building Inspector I
Code Compliance Supervisor
73 71
71 6,938 - 8,433
6,604 - 8,027
6,604 - 8,027
Senior Code Compliance Officer
Assistant Planner
69 67
6,285 - 7,640
5,983 - 7,272
Housing Services Coordinator 66 5,837 – 7,094
Code Compliance Officer 63 5,420 - 6,588
Building Permit Technician II
Building Permit Technician
63 59
5,420 - 6,588
4,910 - 5,968
Public Works
Engineering Manager 89 10,092 - 12,267
Public Works Maintenance Manager 85 9,143 - 11,113
Associate Engineer 80 8,081 - 9,822
Assistant Engineer 74 7,111 - 8,644
Public Works Inspector
Public Works Maintenance Supervisor
71 71
6,604 - 8,027
6,604 - 8,027
Equipment Operator 59 4,910 - 5,968
Equipment Mechanic 58 4,790 - 5,823
Street Maintenance Worker II
Street Maintenance Worker I
59 55
4,910 - 5,968
4,448 - 5,407
Parks and Recreation
Recreation Manager 85 9,143 - 11,113
Facilities Manager 85 9,143 - 11,113
Landscape Maintenance Manager 85 9,143 - 11,113
Facilities Maintenance Supervisor
Municipal Arborist
Landscape Maintenance Supervisor
73 71
71 6,938 - 8,433
6,604 - 8,027
6,604 - 8,027
Recreation Supervisor 71 6,604 - 8,027
Recreation Coordinator 63 5,420 – 6,588
Facilities Maintenance Worker II
Facilities Maintenance Worker I
59 55
4,910 - 5,968
4,448 - 5,407
Landscape Maintenance Worker II
Landscape Maintenance Worker I
59 55
4,910 - 5,968
4,448 - 5,407
Interdepartmental
Senior Management Analyst 75 7,142 - 8,681
Management Analyst 67 5,983 - 7,272
Management Aide 63 5,420 – 6,588
Office Coordinator 57 4,674 - 5,681
Administrative Assistant 57 4,674 - 5,681
Departmental Assistant 53 4,234 – 5,146

HOURLY CLASSIFICATIONS RANGE HOURLY RATE

Resolution 2024-14 Adopting and Extending the Pay Plan and Reimbursement Schedule February 27, 2024 Page 3
Administration Services
Management Analyst – PT 158 33.39 -40.65
Parks and Recreation
Fitness Instructor 151 28.36 - 34.53
Supervising Lifeguard 146 24.83 - 30.23
Shooting Stars Director 142 22.49 - 27.39
Senior Lifeguard/Instructor 139 20.89 - 25.43
Recreation Specialist 135 18.92 - 23.04
Water Safety Instructor 135 18.92 - 23.04
Lifeguard 133 18.01 - 21.93
Senior Recreation Leader 133 18.01 - 21.93
Cashier 131 17.14 - 20.87
Recreation Leader 129 16.32 - 19.87
Building Maintenance Aide 129 16.32 - 19.87
Development Services
Parking Enforcement Officer II
Parking Enforcement Officer
155
152

31.00 - 37.76

28.79 - 35.06
Planning Intern
Housing Intern
142
142

22.49 - 27.39

22.49 - 27.39
Public Works
Engineering Intern 142 22.49 - 27.39
SECTION 2. PUBLIC EMPLOYEES RETIREMENT SYSTEM
In August 1999 the City amended the PERS contract to the 2% @ 55 formula with the provision that if the Employer's rate is re-instated at some future time the employees would contribute a portion of their gross salary towards the cost of the enhanced retirement plan.

As of June 22, 2014, employees shall contribute the full 7% employee portion for PERS contribution. (Resolution No. 2013-38)
The City will pay to the Public Employees Retirement System a maximum of seven percent (7%) of the employee’s base compensation for their share of the retirement contribution, as required by Section 20683 of the Government Code; which sum shall be equivalent to the percentage required by law to be paid by miscellaneous employee members thereof. All full-time employees shall be enrolled in PERS upon hire.

Once employees are classified as Regular Part Time, they shall be enrolled in PERS.

All new Employees hired on or after January 1, 2013 and deemed to be a “new member” as defined in Government Code Section 7522.01, shall be enrolled in the California Public Employees’ Pension Reform Act (PEPRA) provided 2% at 62 retirement formula. New employees are responsible for paying 50% of the "normal cost" of the plan as annually calculated by PERS.

SECTION 3. ALTERNATIVE RETIREMENT PLAN
Effective July 1, 1991, the City has implemented an alternate retirement system for part time hourly and seasonal employees in lieu of social security. Effective on July 1, 1991, the City Manager is authorized to implement mandatory payroll deductions for part-time employees’ wages in an amount of 6.2% of earnings.

City paid contributions of 1.3% of earnings shall be authorized as an employer contribution to a retirement system for part-time employees. All such payroll deductions and employer contributions shall be deposited

Resolution 2024-14 Adopting and Extending the Pay Plan and Reimbursement Schedule February 27, 2024 Page 4
by the City into a deferred compensation retirement plan. (Resolution No. 91-52) SECTION 4. HEALTH INSURANCE AND OPTIONAL BENEFITS PLAN
Every eligible full-time or regular part time employee receiving City benefits must be covered by a health insurance plan approved by the City except as provided below. The City will contribute $100 per month, as of July 1, 1996, per eligible employee for the approved health care plan of the employee's choice.

Effective with the pay period that begins November 15, 2020, the City shall contribute an additional $1,445 per month per eligible full-time employee and $673 per month per eligible regular part time employee, to an Optional Benefit Plan which the employee may receive as cash or may elect to use for medical, dental, vision insurance, or other such benefits as may be approved by the City Manager, as of September 24, 2019. To qualify to waive medical coverage with the City of San Dimas, the employee must show proof of coverage in a group health plan such as with a spouse's employer and other than the individual market place, whether obtained through Covered California, another market place established under Health Reform or outside market places established under Health Reform. Proof of other group coverage must be submitted each year at open enrollment. This plan is maintained for the exclusive benefit of employees and their dependents and is established with the intention of being maintained for an indefinite period of time.

Optional Benefit Plan
Each full-time employee and regular part time employee shall receive an Optional Benefit Plan allocation as determined by the City Council on the approved Pay Plan and Reimbursement Schedule. One hundred dollars ($100) of the Optional Benefit Plan amount is designated for health insurance; the remainder is to be applied to available benefits. If deemed necessary the City may change insurance providers for the employees. Full time and regular part time employees who are covered by a health plan not sponsored by the City and who; therefore, do not use the City’s $100 contribution for health care coverage shall have the $100 added to their Optional Benefits Plan.

The Optional Benefit Plan amount may be increased or decreased upon approval of Administration and City Council. The Optional Benefit money is not taxed if used for deferred compensation, health, dental, and vision insurance. If the employee chooses to receive all or part of their Optional Benefit Plan money in cash, the money is subject to all taxes as required by law. The Optional Benefit Plan may be spent on benefits of the employee’s choice from the following options:

Health Insurance
The City contracts with the Public Employees’ Retirement System (PERS) for health insurance.

Employees who do not wish to be covered must submit proof of coverage under a spouse’s plan or other plan and sign an affidavit stating employee has sufficient coverage from an outside source.

Employees are eligible to change plans annually during the designated open enrollment period.

Dental Insurance
The City contracts with Delta Dental to provide optional dental coverage to full-time and regular part-time employees. Delta Dental offers an indemnity plan and a prepaid plan to choose from.

Vision Insurance
The City contracts with Vision Services Plan to provide primary vision coverage to all eligible employees.

Deferred Comp
As determined by the IRS, employees may defer annual earnings up to a maximum amount. This “deferred compensation” contribution means the money will not be taxed until you draw it out. IRS rules do not allow withdrawal until you terminate employment or in the event of an emergency. The

Resolution 2024-14 Adopting and Extending the Pay Plan and Reimbursement Schedule February 27, 2024 Page 5
IRS may increase the maximum amount allowed for deferral each calendar year.

Cash
Employees may choose to receive all or a portion of their remaining Optional Benefit Plan funds in cash. At that time the funds are taxable.

SECTION 5. LIFE INSURANCE AND LONG-TERM DISABILITY INSURANCE The City shall provide, at no cost to the employee, term life insurance in the amount of $50,000 to all fulltime employees and eligible regular part-time employees.

Additionally, in lieu of the employees participating in the State Disability Insurance Program, the City shall provide long-term disability insurance for all full-time and eligible regular part-time employees, which benefits are equal to or exceed those provided under State Disability Insurance.

These insurance plans are maintained for the exclusive benefit of full-time and eligible regular part-time employees, and are established with the intention of being maintained for an indefinite period of time. The specific terms and conditions of said insurance plans should be determined and approved by the City Manager.

SECTION 6. DEFERRED COMPENSATION
To encourage employees to participate in the optional deferred compensation program the City offers a 457(b) and 401(a) defined contribution plan. The City shall provide a matching contribution into the 401(a) plan up to a maximum amount shown below:

FT EEs
November 15, 2020
Regular PT EEs
November 15, 2020
$250.00 per month maximum match $125 per month maximum match The deferred compensation matching program is maintained for the exclusive benefit of full time and regular part time employees and is established with the intention of being maintained for an indefinite period of time. The specific terms and conditions of the program shall be determined and approved by the City Manager.

SECTION 7. OVERTIME COMPENSATION
It shall be the duty of the City Manager and/or their designee to conduct the City’s business with a minimum amount of overtime. Overtime shall not be accrued under normal operating conditions.

The City Manager, their designee, or appropriate Department Director and/or manager may grant the payment of overtime compensation to employees only under unusual circumstances and only when such payment is deemed to be in the best interests of the City.

A non-exempt employee shall have the choice to receive overtime pay at the rate of one and one-half (1- 1/2) times their regular rate, or compensatory time off equal to one and one- half (1-1/2) times the overtime worked for each hour over 40 hours in any work week. Such compensatory time shall be taken at the convenience of the department with the approval of the Department Director and in accordance with the City’s Compensatory Time Policy. Only regular hours worked and City designated holidays will be included for purposes of overtime calculation. (Res. No. 76-60, July 27, 1976) (Res. No. 86-26, April 20, 1986) SECTION 8. STAND BY/ON-CALL COMPENSATION
Standby duty is when qualified field personnel are designated to be on-call and prepared to respond to

Resolution 2024-14 Adopting and Extending the Pay Plan and Reimbursement Schedule February 27, 2024 Page 6
emergency calls for service after normal work hours, on weekends, and during holidays. Standby assignment shall apply to those employees whose residence is close enough to San Dimas to permit them to respond to a call in 45 minutes or less. The standby employee will be assigned a city issued cellular telephone that shall be carried at all times while on stand-by duty.

While on standby duty, employees are required to do the following:
• Be available by a City issued cellular telephone.
• Report to work within forty-five minutes after notification. • Refrain from activities which may impair the employee’s ability to perform their duties. • Respond to emergency situations based on a 24 hour/7-day week rotational system. Standby duty shall be for a one-week period, commencing and concluding on Wednesdays.

GUIDELINES
The Director of Public Works or the Director of Parks and Recreation will determine if an employee is qualified to perform standby duty. A standby eligibility list will be established. A six-month standby rotation will be established with a minimum of four (4) employees for the standby eligibility list. The employee assigned standby duty will cover all holidays that fall within the scheduled week. The following criteria is used in determining which employees are eligible to be placed on standby duty:
• Judgment and ability to make sound decisions. Ability to safely evaluate a situation and determine if a supervisor should be notified.
• Knowledge and ability to perform required tasks based upon cross training. • Experience and familiarization with City systems and operations. • No excessive unexcused sick usage.

Safety should be a primary concern at all times. The standby employee is responsible for accessing the situation and determining if additional resources are needed. A designated supervisor shall be notified when back-up personnel are requested or when situations need further evaluation.

Standby hours will be compensated at the employee’s straight time hourly rate. An employee on standby duty shall be compensated for two hours per day of the employee’s hourly pay rate for each day on call on Monday through Friday. An employee on standby duty shall be compensated for two hours per day of the employee’s hourly pay rate for each day on call on weekends (Saturday and Sunday) and three hours during any city approved holiday(s).

Employees assigned to standby duty must receive proper authorization by a supervisor to switch assigned standby duty with another employee who is eligible for standby duty.

Employees are not eligible for standby duty until they have completed their probationary period with a satisfactory evaluation. Any employee denied the opportunity to participate in standby duty will be informed in writing of the reasons for the exclusion; the employee may apply for reconsideration after six months.

Employees will not be eligible for standby duty pay if the employee leaves work sooner than two hours prior to the end of the work day, does not attend work because of an illness, or is on leave status. An employee will be eligible to resume standby duty after the employee returns to regular duty.

The City may revoke standby pay and take appropriate disciplinary action if the employee on standby assignment does not respond within the required 45-minute response time when notified of the initial situation.

Resolution 2024-14 Adopting and Extending the Pay Plan and Reimbursement Schedule February 27, 2024 Page 7
Supervisors, who have exempt status under the Fair Labor Standards Act (FLSA) guidelines, are not eligible for paid standby compensation.

Call-Back Duty is defined as when an employee, whether or not on standby duty, is called in to work after their normal work hours or on a weekend or holiday. These employees shall be compensated for a twohour minimum at a pay rate of time and a half. The time starts when the employee responds to the request.

All time in excess of the two-hour call-out minimum will be compensated at time and a half for the actual number of hours worked.

Multiple call outs will not be considered as separate call outs if they occur within the same two-hour minimum compensation period.

Standby workweek schedules shall be posted by the departments at the end of each month and shall cover an eight-week period.

In the interest of employee safety, a Supervisor at their discretion may alter the standby or regular schedule of an employee who has worked an extraordinary amount of call out hours within a given standby shift.

DUTIES
The standby employee may be contacted by Sheriff’s Department, Fire Department, or other departments or agencies to respond to any after hour emergencies in the City. Employee is to obtain as much information via phone as to the details and extent of the emergency.

Employee must assess the situation and respond accordingly:

1. Respond to the emergency and take necessary steps to remedy the situation.

2. If the emergency is the responsibility of other agencies (traffic signal, Water Company, etc.), employee must contact and coordinate remedy of the situation with that agency. An emergency contact list and decision tree will be provided.

3. If employee needs further guidance as to how to handle the situation or needs additional employee resources, the employee must contact the pre-designated on-call supervisor.

4. Maintain a log of time spent responding to the request and actions taken.

SECTION 9. EMERGENCY COMPENSATION
An employee who is off duty and who has been recalled to duty or has been required to remain on duty in excess of their regular hours of employment as the result of a bona fide need of the City, shall have the option of either receiving salary or compensatory time off at the convenience of the department, at the rate of one and one-half (1-1/2) times the emergency time worked. The employee that has been recalled to duty will be guaranteed a minimum of two (2) hours pay or compensatory time off, at the rate of one and one-half (1-1/2) times or 3 hours. Prescheduled overtime is paid at 1 ½ times the pay rate or compensatory time off at the employee’s preference. A bona fide need of the City shall be determined by the Department Director and subject to approval of the City Manager.

SECTION 10. LONGEVITY SERVICE INCENTIVE
Full Time Classification employees with five (5) years or more of continuous service with the City of San Dimas are eligible to receive Longevity/Service Incentive Pay on a bi-weekly basis as follows:

Completed Years of Continuous Service % of annual salary on bi-weekly basis 5-9 years 2.5%

Resolution 2024-14 Adopting and Extending the Pay Plan and Reimbursement Schedule February 27, 2024 Page 8
10-14 years 5%
15-19 years 7.5%
20+ years 10%
SECTION 11. SERVICE AWARDS AND RECOGNITION EVENT
Each calendar year, a recognition event will be organized for employees who have reached years of service milestones. The event will be held by the City to honor the commitment and dedication to providing a quality level of service to the City of San Dimas. Qualifying employees will receive the following one-time recognition awards:

Years of Service Service Pin Taxable Monetary Award
1 1 Year of Service Pin $0.00
5 5 Years of Service Pin & Base $150.00
10 10 Years of Service Pin $200.00
15 15 Years of Service Pin $250.00
20 20 Years of Service Pin $300.00
25 25 Years of Service Pin $750.00
30 30 Years of Service Pin $800.00
35 35 Years of Service Pin $850.00
40 40 Years of Service Pin $900.00
SECTION 12. EMPLOYEE AWARDS FOR EXCEPTIONAL SERVICE
Each calendar year full time and regular part time employees who have demonstrated outstanding service to the Community though extraordinary efforts and work product during the year may be recognized through awards which will include taxable monetary compensation up to $500, as determined by the City Manager.

In addition to the annual awards, when staff performs duties that are above and beyond their expected level of service, the City Manager with recommendation of the Department Directors may determine that such level of service warrants a taxable award in an amount not to exceed $50 per award.

SECTION 13. ACTING PAY
Where an employee has been trained to assume the position of another in a higher range and will be performing in that position for more than 40 consecutive hours and it is not under the normal scope of duties to assume the position, the employee may be granted a temporary 5% salary increase retroactive to the day they began serving in the position. At the discretion of the City Manager, a higher temporary increase may be granted based on specific circumstances. Acting pay shall only be granted upon the recommendation of the Supervisor and Department Director and with the approval of the City Manager.

SECTION 14. NOTARY PUBLIC PAY
The City has needs of the service of a certified Notary Public to notarize City documents. An employee who has been designated by the City Manager to utilize their Notary Public Commission for this purpose shall receive a monthly stipend of $75.00 per month.

SECTION 15. UNIFORMS
The City shall provide and pay for the maintenance of official City work uniforms for employees in all generally accepted “field” classifications. Each employee designated by the City Manager to wear an official City work uniform shall be required to wear the complete uniform at all times while on duty with the

Resolution 2024-14 Adopting and Extending the Pay Plan and Reimbursement Schedule February 27, 2024 Page 9
City.

Upon separation of employment, the employee shall turn in all uniforms and other items issued.

SECTION 16. SAFETY FOOTWEAR AND ALLOWANCE
The City of San Dimas will provide a new pair of safety shoes to a maximum cost of $200.00 for each employee determined to be exposed to Risk Level 1 or Risk Level 2, foot hazards as identified in the Safety Footwear Policy and approved by the City Manager. Except in unusual circumstances, safety shoes will not be purchased for an employee more frequently than once every 6 months.

SECTION 17. ADMINISTRATIVE LEAVE
Administrative Leave shall be granted to certain management personnel that are exempt from overtime compensation under Fair Labor Standards Act guidelines. The specific terms and conditions of the program shall be determined and approved by the City Manager in accordance with City policy.

SECTION 18. TUITION REIMBURSEMENT
All regular full-time employees who have passed an initial probation shall be eligible for the Tuition Reimbursement Program. The courses of study or specialized training taken at an Accredited College or University, shall be directly related to the employee’s current occupation or for preparing for future promotions within the City, subject to the provisions below.

To qualify for tuition reimbursement, a Tuition Reimbursement form must be submitted and pre-approved by the employee’s Department Director and Human Resources before the courses begin.

The Tuition Reimbursement program will operate on a calendar year basis and shall be subject to the availability of funds as determined by the City. Employees may be reimbursed up to $2,000 per calendar year. Payments are made with the 15th and 30th warrant registers of the month.

All course work must be completed while employed by the City of San Dimas with a passing grade of “C” or equivalent when numerical score or pass/fail grade is given. If the employee either does not receive a “C” or better or for any reason does not finish the class, the reimbursement shall not be paid.

Any employee who shall voluntarily retire or separate employment or be terminated for disciplinary cause within one year from the completion of the class or classes shall refund all tuition paid under this provision for those specific classes unless they were required to attend by the appointing power.

The City reserves the right to investigate any school and approve or deny it for reimbursement if such action appears warranted. Courses must be taken at an accredited education institution, which is defined as any college or university which has been accredited by a recognized government or professional accrediting body (as determined by the City). Additionally, the City reserves the right to deny any course(s), specialized training or degree programs determined by the City Manager to be non-job related.

The City Manager or designated training officer is authorized to prescribe other limitations with respect to the time which may be spent by an employee in training and the amount of tuition reimbursement allowed per employee each year. The City Manager or designated training officer may waive any or all of the restrictions in this section.

SECTION 19. CAR ALLOWANCE
The following positions shall receive a monthly allowance for car expenses:

POSITION MONTHLY ALLOWANCE

Resolution 2024-14 Adopting and Extending the Pay Plan and Reimbursement Schedule February 27, 2024 Page 10
City Manager $600.00
Assistant City Manager $300.00
Director of Administrative Services/Treasurer $300.00
Director of Parks & Recreation $300.00
Director of Public Works $300.00
Director of Community Development $300.00
Building & Safety Manager $300.00
Recreation Manager $250.00
Engineering Manager $250.00
Associate Engineer $250.00
Facilities Manager $250.00
Planning Manager $250.00
Senior Planner $250.00
Associate Planner $250.00
Assistant Planner $250.00
Housing Manager $250.00
Human Resources Manager $250.00
Recreation Supervisor $250.00
Senior Management Analyst $250.00
SECTION 20. CELL PHONE/DATA ALLOWANCE
The following positions shall be eligible to receive a monthly allowance for personal cell phone expenses and data charges as listed pursuant to the provisions of the City Cell Phone Policy:

POSITION Cell Phone Data Charges
City Manager $150.00
Assistant City Manager $40.00 $45.00
Director of Administrative Services/Treasurer $40.00 $45.00 Director of Parks & Recreation $40.00 $45.00
Director of Public Works $40.00 $45.00
Director of Community Development $40.00 $45.00
Information Systems Manager $40.00 $45.00
Building & Safety Manager $30.00 N/A
Recreation Manager $30.00 N/A
Engineering Manager $30.00 N/A
Facilities Manager $30.00 N/A
Senior Planner $30.00 N/A
Recreation Supervisor $30.00 N/A
Recreation Coordinator $30.00 NIA
Planning Manager $30.00 N/A
SECTION 21. TIME OFF FOR SDEA BOARD
Members of the San Dimas Employees’ Association Board shall be entitled to utilize four hours per month with pay to engage in activities directly related to management of the SDEA. (Amended per Resolution 89- 54, 6/13/89)
SECTION 22. PAYROLL DEDUCTIONS

Resolution 2024-14 Adopting and Extending the Pay Plan and Reimbursement Schedule February 27, 2024 Page 11
On each bi-weekly payroll and in such form as the Administrative Services Director may determine, the Finance division is authorized and directed to deduct and withhold from the salary paid to each officer or employee of the City:

A. The minimum amount required by Federal Law for income tax purposes and to make payment thereof to the United States as required by law.

B. The minimum amount required by State Law for income tax purposes and to make payment to the State of California as required by law (Res. No. 76-57, July 13, 1976).

Any officers or employees may authorize the Administrative Services Director or designated staff to make deductions from their salaries to be paid to: 1) the carrier(s) of the City’s health insurance program(s); 2) a charitable organization; 3) a financial institution, such as a credit union; 4) any other legitimate organization of the employees’ collective choice. When so authorized by the employees, the Administrative Services Director or designated staff may make such deductions from the employees’ salaries and pay the amounts designated to the appropriate organization.

PASSED, APPROVED AND ADOPTED this 27th day of February, 2024.

Emmett G. Badar, Mayor
ATTEST:

Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2023-14 was adopted by the City Council of San Dimas at its regular meeting of February 27, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

Administrative Assistant Page 1
Administrative Assistant
Department/Division: Various
Reports To: Department Director
Provides Direction To: Senior Office Assistant or assigned office support staff
Date Updated: October 16, 2023

GENERAL PURPOSE
Under general supervision, perform a wide range of administrative, clerical, customer service, office support and accounting tasks in support of an assigned department and/or division; provide assistance to department director; and perform related duties as required.

DISTINGUISHING CHARACTERISTICS
The Administrative Assistant is the third level of the administrative support series following the Office Assistant and Departmental Assistant classifications. Positions in this class require a broader understanding of department administrative practices, City codes, and work standards and use a greater range of specialized software applications. The Administrative Assistant is differentiated from the Administrative Aide who has a broader variety of daily program responsibilities and the administration of databases, applications, permits, grants, and other services.

ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this position.

1. Prepares monthly agendas, minutes and related correspondence in support of staff and specific committees.

2. Composes letters, memos and correspondence in response to departmental needs or communications; creates forms and uses methods of organizing and maintaining records in department databases.

3. Organizes preparation of agendas, and prepares lists, memorandums, public notices, staff reports, correspondence, purchase orders and related information from rough drafts, copy, notes and transcribed machine recordings.

ATTACHMENT 2

Administrative Assistant Page 2

4. Plans, organizes and coordinates special events within the department; prepares promotional materials for marketing purposes.

5. Sets up, purges and maintains departmental record keeping systems.

6. Screens visitors and callers and assists the public and other departments by explaining department procedures and resolving basic complaints or problems.

7. Reports service needs to contractors and informs departmental or City staff of service needs; coordinates the dissemination of requests for work proposals.

8. Sorts and distributes incoming department mail and prepares outgoing mail.

9. Assigns tasks, explains procedures, and checks the work of office support staff within the department.

10.Produces and assembles copies of materials including public records requests.

11.Manages office activities including preparation and management of grants, budget assistance and other Department tasks.

12.Orders and maintains department office supplies.

QUALIFICATIONS GUIDELINES
Knowledge of:

Departmental administrative policies and City practices; business writing methods; modern office procedures and data entry techniques; basic accounting procedures and customer service techniques; correct English usage, spelling, grammar and punctuation; filing and record keeping procedures; receptionist and telephone etiquette techniques.

Ability to:

Take and transcribe minutes of meetings; compare, reconcile and proofread information within departmental documents; make and check mathematical computations; train, check and coordinate the work of office support staff; communicate clearly and concisely, orally and in writing; establish and maintain effective working relations with other employees, contractors, vendors, officials, and the general public; plan and organize work to meet deadlines; type data at the effective rate of 65 words per minute; utilize word processing, spreadsheet, graphics, desktop publishing, and other office support software within an assigned department; operate standard office equipment, including computer, calculator, copier, fax and scanning equipment.

Education/Training/Experience:

Administrative Assistant Page 3
Any combination equivalent to experience and education that could likely provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be:

Education: Equivalent to high school graduation, preferably supplemented by training or college level coursework in customer service and word processing, spreadsheet and common office support software applications.

Experience: Five years of varied administrative, clerical, and customer service experience, preferably in a public environment.

Special Requirements: Depending upon position assignment, may be expected to attend evening meetings on City business.

PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands
While performing the duties of this job, the employee is frequently required to use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee is frequently required to sit, talk or hear and to occasionally lift and carry records and documents typically weighing less than 20 pounds. The employee is occasionally required to stand and walk. Specific vision abilities required by this job include close vision, color vision and the ability to adjust focus.

Mental Demands
While performing the duties of this class, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; explain policies and procedures as applied to specific situations; apply independent judgement in solving work problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or new skills; work under deadlines with constant interruptions; and interact with City staff, other organizations and the public, and occasionally deal with dissatisfied or quarrelsome individuals.

WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Administrative Assistant Page 4
The position works under typical office conditions and the noise level is frequently quiet under 80 decibels.

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of February 27, 2024
From: Chris Constantin, City Manager
Prepared by: Michael O'Brien, Director of Administrative Services Subject: Receive and File the January 2024 Investment Report ____________________________________________________________________________

SUMMARY
Monthly Reporting for the City of San Dimas investment of idle funds and cash condition.

RECOMMENDATION
Staff recommends that the City Council:
• Receive and file Investment and Cash Condition report for the month of January 2024.

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

DISCUSSION/ANALYSIS
It is the policy of the City of San Dimas to invest public funds in a manner that will provide an optimal combination of security and investment return while meeting the daily cash flow demands of the City and conforming to all State and local statutes governing the investment of public funds.

The priority objectives of the City’s investment activities are as follows: Safety, liquidity and returns.

The City’s investment portfolio as of January 31, 2024 maintained liquid cash in the amount of $13,586,301.18 held between BMO Harris, a new liquidity fund established with CALTRUST, cash on hand with the City and LAIF which amounts to just under 18% of the portfolio to provide the cash flow necessary for City payroll and operating expenditures as well as large capital project expenses and unforeseen emergencies that may occur come up throughout the year. The following chart displays the total investments and weighted average yield per investment category:

Receive and File the January 2024 Investment Report Page 2 For the Meeting of February 27, 2024
The City’s Banking Services Provider BMO Harris provides a fully collateralized checking account whose funds are used to make cash payments for City payroll and operational expenses. The city performs daily bank reconciliations to assure adequate cash is held in the checking account for upcoming expenditures. Cash held in the account earns income credits that accumulate at a rate of .55% which offsets banking service charges that are charged each quarter to the city.

Petty Cash is held at City facilities for cashiering purposes and to reimburse small dollar expenditures between $0.01 and $50.00.

The Local Agency Investment Fund (LAIF) is considered a Local Agency Investment Pool and acts much like a money market account. Funds can be deposited and withdrawn without penalty.

The pool invests funds in short-term securities and can produce returns at rates like money markets but is considered more secure.

CALTRUST is a public agency that provides investment funds that are liquid, short term, and medium term. The assets held by CALTRUST are managed by State Street Global Advisors.

Since the City first invested with CALTRUST in August of 2010, buying into the Medium-Term Fund. The City has made various contributions throughout the years as well as reinvested any accumulated interest earnings throughout the life of the fund.

In total the weighted average cost of investing in CALTRUST is $9.98. Currently due to increasing interest rates driving market rates down for assets already held, the share price of the fund as of January 31,2024 was $9.82. Until interest rates decline to the point that share price would increase to $9.98 or above, the city would be recognizing a loss on sale. However, the City could pull out funds at any time if liquidity needs arose.

Beginning in the month of January 2024, the City opened a liquid fund with CALTRUST which is not subject to market rate adjustments due to the type of investments utilized. The fund yielded

5.40% for the month of January, out yielding LAIF by 1.39%. The City intends to take advantage of the high yielding short term investments until yields are no longer inverted The City Treasurer also utilizes Brokers to purchase investment securities such as Government Sponsored Enterprises (Agency Bonds), Corporate Bonds, U.S. Treasuries and Negotiable CD’s.

WEIGHTED AVG.

YIELD TOTAL INVESTMENT

0.00% $1,535,308.36

0.00% $2,640.00

5.40% $2,046,074.62

4.01% $10,002,278.20

3.87% $14,235,354.80

3.82% $27,821,655.98
WEIGHTED AVG.

YIELD TOTAL INVESTMENT

1.95% $3,314,492.50

5.29% $807,376.80

3.05% $2,966,000.00

4.38% $7,050,211.77

2.64% $737,350.00

5.34% $14,763,560.00

3.39% $17,623,876.00

4.04% $47,262,867.07

3.96% $75,084,523.05

COLLATERALIZED, POOLED AND PUBLIC AGENCY INVESTMENTS

INVESTMENTS PURCHASED THROUGH BROKERS

TOTAL OF ALL COLLATERALIZED,POOLED AND PUBLIC AGENCY ACCOUNTS

STIFEL TRESURY BILLS

CALTRUST INVESTMENT LIQUIDITY FUNDS

STIFEL NEGOTIABLE CD'S OF DEPOSIT

TOTAL BROKER ACCOUNTS

TOTAL OF ALL INVESTMENTS

BMO HARRIS - GENERAL ACCOUNT

SAN DIMAS PETTY CASH - IMPREST FUNDS

LOCAL AGENCY INVESTMENT FUND (LAIF) CA STATE TREASURER

CALTRUST INVESTMENT PROGRAM-MEDIUM TERM-SHARES

TVI CORPORATE BONDS
TVI U.S.TRESURY BILLS

TVI NEGOTIABLE CERTIFICATES OF DEPOSIT

STIFEL GOVERNMENT SPONSORED ENTERPRISES (GSE) AGENCY BONDS

STIFEL COMMERCIAL & MUNICIPAL BONDS

Receive and File the January 2024 Investment Report Page 3 For the Meeting of February 27, 2024
The investment policy and California Government Code Section 53600.3 allows the City to invest 30% of its portfolio in Certificates of Deposit and 20% of its portfolio in Corporate Bonds through Brokers. U.S. Treasuries and Government Sponsored Enterprises (Agency Bonds) have no investment limits; however, it is considered a best practice not to invest more than 5% in a single Government Sponsored Enterprises.

The following is a breakdown of the total invested in each type of investment along with its percentage of the portfolio:

Additionally, per the Investment Policy, the City has an established maturity matrix with the investment ranges as follows:

Maturity Range Guideline Portfolio Percentage
The Cities current investment maturity range is as follows:

The weighted average maturity for all City investments is 1.14 years, which is ideal in today’s rising interest rate environment. The short time to maturity of our investments will allow the city to reinvest the matured principal amounts into investments that are likely to be offered at higher yields.

Specific details pertaining to the Cities investment names, CUSIP #’s, coupon and purchase yields, maturity dates, par and book values are included in the Investment and Cash Condition Report attachment.

ENVIRONMENTAL REVIEW
Amount % of Portfolio
$1,537,948.36 2%
$10,002,278.20 13%
$16,281,429.42 22%
$7,050,211.77 9%
$4,051,842.50 5%
$15,570,936.80 20%
$20,589,876.00 28%
$75,084,523.05 100%

INVESTMENTS BY TYPE

CHECKING ACCOUNTS/CASH ON HAND
Type

CALTRUST

GSE AGENCY BONDS

COMMERCIAL BONDS
U.S TREASURY BILLS

NEGOTIABLE CERTIFICATES OF DEPOSIT

LOCAL AGENCY INVESTMENT FUND (LAIF)

TOTAL OF ALL INVESTMENTS
1 Day to 1 Year 30% - 100%
1 Year to 3 Years 5% - 60%
3 Years to 5 Years 0% - 40%
Amount % of Portfolio
$ 47,366,592.78 64%
$ 14,222,416.52 18%
$ 13,495,513.75 18%
$ 75,084,523.05 100%

INVESTMENTS BY MATURITY
Maturity Range
1 Day to 1 Yr.
1 Yr. to 3 Yrs.
3 Yrs. to 5 Yrs.

Total

Receive and File the January 2024 Investment Report Page 4 For the Meeting of February 27, 2024
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,
Click or tap here to enter text.

Michael O'Brien
Director of Administrative Services
Attachments:

1. Investment and Cash Condition Report

CITY OF SAN DIMAS

MONTHLY CASH BALANCE INVESTMENT REPORT
JANUARY 2024

ENDING BALANCE
$1,535,308.36
$2,640.00
$10,002,278.20
$2,046,074.62
$14,235,354.80
CUSIP # COUPON
YIELD

PURCHASE

YIELD MATURITY PAR VALUE BOOK VALUE
WELLS FARGO & CO MEDIUM TERM - 3 YEAR BOND 95001DC40 4.50% 4.50% 7/28/2025 $250,000.00 $250,000.00 CFI- 5 YEAR BOND 17298CK64 1.00% 1.00% 8/28/2025 $500,000.00 $500,000.00 BANK OF AMERICA - 5 YEAR BOND 06048WK25 0.75% 0.75% 10/30/2025 $250,000.00 $250,000.00 GOLDMAN SACHS GROUP - 5 YEAR BOND 38150EH4 0.80% 0.80% 11/24/2025 $290,000.00 $290,000.00 JP MORGAN BOND - 5 YEAR BOND 48128G3G3 1.20% 1.20% 4/30/2026 $285,000.00 $285,000.00 EXXON MOBILE CORP - 7 YEAR BOND 30231GBD3 2.28% 0.98% 8/16/2026 $250,000.00 $264,953.75 GOLDMAN SACHS GROUP - 5 YEAR BOND 38150AJ63 1.70% 1.70% 10/29/2026 $210,000.00 $210,000.00 MORGAN STANLEY FIN GLOBAL - 5 YEAR BOND 61766YGT2 1.35% 1.35% 11/18/2026 $250,000.00 $250,000.00 JP MORGAN CHASE BOND - 5 YEAR BOND 48128G5Y2 2.10% 2.10% 1/29/2027 $270,000.00 $270,000.00 BANK OF AMERICA - 5 YEAR BOND 06048WS84 2.75% 2.75% 3/2/2027 $250,000.00 $250,000.00 MORGAN STANLEY-FIN GLOBAL 5 YEAR BOND 61766YJQ5 3.25% 3.25% 4/13/2027 $250,000.00 $250,000.00 INTEL CORP - 5 YEAR BOND 458140BY5 3.75% 4.25% 8/5/2027 $250,000.00 $244,538.75 $3,314,492.50
UNITED STATES TREASURY BILLS - 4 MONTH 912797JK4 5.32% 5.32% 3/26/2024 $300,000.00 $295,025.40 UNITED STATES TREASURY BILLS - 4 MONTH 912797JN8 5.28% 5.28% 4/16/2024 $521,000.00 $512,351.40 $807,376.80
TEXAS EXCHANGE- 4 YEAR CD 88241THS2 0.65% 0.65% 6/21/2024 $249,000.00 $249,000.00 GENERAL ELECTRIC CU - 2 YEAR CD 369674BT2 3.25% 3.25% 6/28/2024 $249,000.00 $249,000.00 OCEANFIRST BANK - 2 YEAR CD 67523TBE2 3.25% 3.25% 7/1/2024 $246,000.00 $246,000.00 MORGAN STANLEY PRIVATE BANK - 5 YEAR CD 61760AR76 2.20% 2.20% 8/1/2024 $247,000.00 $247,000.00 AMERICAS CR - 2 YEAR CD 03065AAV5 3.65% 3.65% 9/27/2024 $249,000.00 $249,000.00 SYNCHRONY BK RETAIL - 3 YEAR CD 87164WQ68 3.30% 3.30% 8/26/2025 $245,000.00 $245,000.00 CAPITAL ONE BANK - 4 YEAR CD 14042TFH5 2.65% 2.65% 4/13/2026 $246,000.00 $246,000.00 TOYOTA FINANCIAL SAVINGS - 5 YEAR CD 89235MLC3 0.95% 0.95% 7/15/2026 $248,000.00 $248,000.00 GOLDMAN SACHS BANK USA NEW YORK - 5 YEAR CD 38149M4T7 2.65% 2.65% 4/13/2027 $246,000.00 $246,000.00 STATE BANK OF INDIA - 5 YEAR CD 856285N64 3.30% 3.30% 6/1/2027 $245,000.00 $245,000.00 CENTRAL BANK LITTLE ROCK ARK - 5 YEAR CD 152577BS0 5.30% 5.30% 6/30/2028 $248,000.00 $248,000.00 ENVISION C.U- 5 YEAR CD 29415AAQ8 5.40% 5.40% 7/14/2028 $248,000.00 $248,000.00 $2,966,000.00
FEDERAL HOME LOAN - 6 MONTH BOND 3130AWTX8 6.10% 6.10% 2/28/2024 $500,000.00 $500,000.00 FNMA - FEDL NAT MTG ASSN POOL BALLOON - 5 YEAR BOND 3138L8UV4 2.92% 4.85% 1/1/2025 $300,000.00 $272,755.79 FEDERAL NATIONAL MEETING ASSN- 5 YEAR BOND 3136G4A86 0.50% 0.55% 7/21/2025 $250,000.00 $249,375.00 FEDERAL FARM BANK BOND - 4 YEAR BOND 3133ENEH9 1.13% 1.13% 11/17/2025 $250,000.00 $250,000.00 FEDERAL HOME LOAN BANK -- 5 YEAR BOND 3130AL2G8 0.60% 0.75% 2/18/2026 $250,000.00 $248,250.00 FNMA - DISC BOND - 3YEAR 3138LDPW7 2.68% 4.58% 5/1/2026 $250,000.00 $228,805.98 FEDERAL HOME LOAN BK BD - 5 YEAR BOND 3130ANMH0 1.10% 1.42% 8/20/2026 $250,000.00 $246,400.00 FEDERAL HOME LOAN BK BD - 4 YEAR BOND 3130AUSR6 5.00% 5.03% 2/9/2027 $500,000.00 $499,500.00 FEDERAL FARM CREDIT BANK - 5 YEAR BOND 3133ENSZ4 2.75% 2.75% 4/1/2027 $250,000.00 $250,000.00 FEDERAL HOME LOAN BK (FHLMC) - 5 YEAR BOND 3134GXTZ7 3.50% 3.50% 5/26/2027 $250,000.00 $250,000.00 FEDERAL HOME LOAN BK BD - 5 YEAR BOND 3130ASF53 3.25% 3.41% 6/30/2027 $500,000.00 $499,250.00 FEDERAL HOME LOAN BK BD - 5 YEAR BOND 3130ASZ69 4.05% 4.08% 8/27/2027 $250,000.00 $249,625.00 FEDERAL HOME LOAN - 5 YEAR BOND 3135GALL3 5.15% 5.15% 1/11/2027 $500,000.00 $500,000.00 FEDERAL NATIONAL MEETING ASSN- 5 YEAR BOND 3140LBSE4 1.09% 4.38% 3/1/2028 $350,000.00 $306,250.00 FEDERAL HOME LOAN BK BD - 4.5 YEAR BOND 3133EPP90 5.50% 5.50% 6/21/2028 $1,000,000.00 $1,000,000.00 FEDERAL HOME LOAN - 5 YEAR BOND 3130AWMJ6 5.75% 5.75% 7/26/2028 $500,000.00 $500,000.00 FEDERAL FARM CR - 5 YEAR BOND 3130AY6S0 5.42% 5.42% 12/21/2028 $500,000.00 $500,000.00 FEDERAL HOME LOAN - 5 YEAR BOND 3133EPX59 5.43% 5.43% 1/23/2029 $500,000.00 $500,000.00

5.40%
INVESTMENTS HELD WITH TVI:

INVESTMENT HELD WITH STIFEL:

TVI CD'S INVESTMENTS SUBTOTAL :

TVI CORPORATE BONDS INVESTMENTS SUBTOTAL:

CALTRUST INVESTMENT PROGRAM-MEDIUM TERM-SHARES: $9.82 per share 3.87%

CALTRUST LIQUIDITY FUND

SUMMARY OF BANK BALANCES YIELD

4.012%

BMO HARRIS - GENERAL ACCOUNT

SAN DIMAS PETTY CASH - IMPREST FUNDS

LOCAL AGENCY INVESTMENT FUND (LAIF) CA STATE TREASURER

INVESTMENTS
TVI TRESURY BILLS INVESTMENT SUBTOTAL:

ATTACHMENT 1

$7,050,211.77
BANK OF AMERICA - 5 YEAR BOND 06048WP20 1.25% 1.25% 9/24/2026 $250,000.00 $250,000.00 APPLE INC - 10 YEAR CORPORATE BOND 037833CR9 3.20% 3.30% 5/11/2027 $250,000.00 $248,850.00 SADDLEBACK VALLEY - 7.75 YEAR BOND (MUNICIPAL BOND) 786318LF0 2.40% 3.41% 8/1/2027 $250,000.00 $238,500.00 $737,350.00
U.S TREASURY BILL - 6 MONTH 912797GP6 5.47% 5.47% 2/29/2024 $5,100,000.00 $4,964,850.00 U.S TREASURY BILL - 3 MONTH 912797LL9 5.27% 5.27% 3/21/2024 $1,700,000.00 $1,678,002.00 U.S TREASURY BILL - 4 MONTH 912797JN8 5.28% 5.28% 4/16/2024 $890,000.00 $875,226.00 U.S TREASURY BILL - 3 MONTH 912796CX5 5.30% 5.30% 4/18/2024 $1,600,000.00 $1,579,200.00 U.S TREASURY BILL - 4 MONTH 912797JK4 5.30% 5.30% 5/23/2024 $1,000,000.00 $983,050.00 U.S TREASURY BILL - 6 MONTH 912797HR1 5.30% 5.30% 5/23/2024 $3,000,000.00 $2,925,000.00 U.S TREASURY BILL - 5 MONTH 912797FS1 5.20% 5.20% 6/13/2024 $800,000.00 $783,632.00 U.S TREASURY BILL - 6 MONTH 912796ZW2 5.24% 5.24% 6/20/2024 $1,000,000.00 $974,600.00 $14,763,560.00
CITY & CNTY CR UN ST PAUL - 1.5 YEAR CD 177517AB5 3.25% 3.25% 2/26/2024 $249,000.00 $249,000.00 UKRAINIAN FCU - 1 YEAR CD 90372WAB6 5.05% 5.05% 5/8/2024 $248,000.00 $248,000.00 LOCAL GOVT FEDRL CR UN- 1 YEAR CD 53955LAC1 5.15% 5.15% 5/17/2024 $248,000.00 $248,000.00 APPLE BANK FOR SVGS NEW YORK - 2 YEAR CD 03784JTK0 3.20% 3.20% 7/22/2024 $246,000.00 $246,000.00 AUSTIN TELCO FED CR - 2 YEAR CD 052392BM8 3.40% 3.40% 8/12/2024 $249,000.00 $249,000.00 AMERICAS CHRISTIAN CR - 2 YEAR CD 03062CAD4 3.40% 3.40% 8/30/2024 $248,000.00 $248,000.00 FIRST TECH FCU - 18 MONTH CD 33715LEX4 5.25% 5.25% 10/15/2024 $248,000.00 $248,000.00 DART BANK - 2.5 YEAR CD 237412AR2 3.00% 3.00% 12/20/2024 $249,000.00 $249,000.00 DIRECT FEDERAL CREDIT UNION - 2.5 YEAR CD 5460FDD5 3.00% 3.00% 12/23/2024 $249,000.00 $249,000.00 TECHNOLOGY CREDIT UNION - 2 YEAR CD 87868YAG8 5.00% 5.00% 1/21/2025 $249,000.00 $249,000.00 VERIDIAN CREDIT UNION - 2 YEAR CD 92348DAB5 4.75% 4.75% 1/21/2025 $249,000.00 $249,000.00 SAFRA NATL BANK OF NY - 3 YEAR CD 78658RHM6 2.00% 2.00% 3/24/2025 $248,000.00 $248,000.00 LIVE OAK BANK- 5 YEAR CD 538036LD4 1.40% 1.40% 3/31/2025 $249,000.00 $249,000.00 MEDALLION BANK - 5 YEAR CD 58404DGR6 1.60% 1.60% 3/31/2025 $248,000.00 $248,000.00 CLEARPATH FEDERAL CU BURBANK- 2 YEAR CD 18507MAA9 5.15% 5.15% 4/28/2025 $248,000.00 $248,000.00 DISCOVER BK - 3 YEAR CD 254673B70 2.80% 2.80% 4/28/2025 $247,000.00 $247,000.00 UTAH COMMUNITY CU - 2 YEAR CD 917352AB2 4.80% 4.80% 4/28/2025 $248,000.00 $248,000.00 FLAGSTAR BANK - 5 YEAR CD 33847E3D7 1.15% 1.17% 4/29/2025 $248,000.00 $247,876.00 HSBC BANK - 5 YEAR CALLABLE CD 44329ME33 1.30% 1.30% 5/7/2025 $248,000.00 $248,000.00 INSTITUTION FOR SVGS - 3 YEAR CD 45780PBL8 3.10% 3.10% 5/20/2025 $249,000.00 $249,000.00 CARTER FEDERAL C.U 3 YEAR CD 14622LAC6 3.00% 3.00% 6/23/2025 $249,000.00 $249,000.00 HUGHES FED CR - 2 YEAR CD 444425AA0 5.25% 5.25% 6/30/2025 $248,000.00 $248,000.00 MID AMERICAN CU - 2 YEAR CD 59522NAE4 5.25% 5.25% 6/30/2025 $248,000.00 $248,000.00 MERITRUST CR UN - 3 YEAR CD 59001PAS8 3.35% 3.35% 7/8/2025 $249,000.00 $249,000.00 CREDIT UNION OF TEXAS - 3 YEAR CD 22551KAB8 3.30% 3.30% 7/22/2025 $246,000.00 $246,000.00 TVA CMNTY CR UN - 3 YEAR CD 87305MAB6 3.25% 3.25% 8/4/2025 $249,000.00 $249,000.00 RESOURCE ONE CR UN - 3 YEAR CD 76124YAE6 3.30% 3.30% 8/18/2025 $249,000.00 $249,000.00 IDEAL CREDIT UNION - 3 YEAR CD 45157PAY6 4.00% 4.00% 8/29/2025 $249,000.00 $249,000.00 ALABAMA CREDIT UNION - 3 YEAR CD 01025RAB5 3.60% 3.60% 9/22/2025 $249,000.00 $249,000.00 UNIVERSITY CREDIT UNION - 3 YEAR CD 914242AA0 4.00% 4.00% 9/26/2025 $249,000.00 $249,000.00 BARCLAYS BANK - 4 YEAR CD 06740KNT0 1.00% 1.00% 12/15/2025 $248,000.00 $248,000.00 US ALLIANCE FED C.U - 4 YEAR CD 90352RCD5 1.35% 1.35% 1/28/2026 $249,000.00 $249,000.00 FARMERS & MERCHANTS BANK- 3.5 YEAR CD 3078115EL9 3.20% 3.20% 2/5/2026 $249,000.00 $249,000.00 CFG COMMUNITY BANK - 3.5 YEAR CD 12527CFL1 3.80% 3.80% 3/11/2026 $245,000.00 $245,000.00 ALASKA US FEDERAL CREDIT UNION - 3 YEAR CD 011852AH3 5.15% 5.15% 3/23/2026 $248,000.00 $248,000.00 CMNTY CAPITAL BANK- 4 YEAR CD 20033A2Z8 2.60% 2.60% 4/14/2026 $249,000.00 $249,000.00 BAXTER CR UN - 4 YEAR CD 07181JAD6 3.05% 3.05% 6/22/2026 $249,000.00 $249,000.00 CATHOLIC & COMMUNITY CR UNION - 3 YEAR CD 14919NAA8 5.30% 5.30% 6/22/2026 $248,000.00 $248,000.00 STIFEL COMMERCIAL & MUNICIPAL BONDS SUBTOTAL:

STIFEL TRESURY BILLS INVESTMENT SUBTOTAL:

STIFEL GOVERNMENT SPONSORED ENTERPRISES (GSE) AGENCY BONDS INVESTMENTS SUBTOTAL:

INSPIRE FEDERAL CREDIT UNION - 3 YEAR CD 457731AQ0 5.00% 5.00% 6/30/2026 $248,000.00 $248,000.00 NEW YORK COMMUNITY BANK - 5 YEAR CD 649447UZ0 0.70% 0.70% 7/1/2026 $249,000.00 $249,000.00 SALLIE MAE BK SALT LAKE CITY UT - 5 YEAR CD 795451AB9 1.00% 1.00% 7/21/2026 $248,000.00 $248,000.00 FIRST STATE BANK - 4 YEAR CD 33650TAH3 3.60% 3.60% 9/16/2026 $249,000.00 $249,000.00 QUORUM FED CR - 4 YEAR CD 74909LAB6 3.85% 3.85% 9/23/2026 $249,000.00 $249,000.00 PENTAGON FEDERAL CR UN - 5 YEAR CD CUSIP #70962LAS1 70962LAS1 0.90% 0.90% 9/29/2026 $249,000.00 $249,000.00 ONPATH FEDERAL CREDIT UN - 4 YEAR CD 68283MAF3 3.25% 3.25% 9/30/2026 $249,000.00 $249,000.00 HAWAII CENTRAL FCU - 3 YEAR CD 419700AG4 5.50% 5.50% 10/27/2026 $248,000.00 $248,000.00 BANK UNITED NA - 5 YEAR CD 066519RW1 1.35% 1.35% 12/8/2026 $248,000.00 $248,000.00 BANK HAPOALIM BM - 5 YEAR CD 06251A3K4 1.35% 1.35% 12/16/2026 $248,000.00 $248,000.00 CONNEXUS CREDIT UNION - 5 YEAR CD 20825WAR1 1.25% 1.25% 12/23/2026 $249,000.00 $249,000.00 AMERANT BANK - 5 YEAR CD 02357QAQ0 1.60% 1.60% 2/16/2027 $248,000.00 $248,000.00 PIMA CREDIT UNION- 4.5 YEAR CD 722000AA4 5.15% 5.15% 2/17/2027 $248,000.00 $248,000.00 METRO CREDIT UNION - 5 YEAR CD 59161YAP1 1.70% 1.70% 2/18/2027 $249,000.00 $249,000.00 BEAL BANK PLANO TEXAS - 5 YEAR CD 07371AZQ9 2.05% 2.05% 3/3/2027 $248,000.00 $248,000.00 BEAL BANK USA LAS VEGAS - 5 YEAR CD 07371CK81 2.05% 2.05% 3/3/2027 $248,000.00 $248,000.00 MORGAN STANLEY- 5 YEAR CD 61773TDN0 3.00% 3.00% 4/29/2027 $246,000.00 $246,000.00 GENERATION BANK ROGERS AR CD - 5 YEAR CD 37149CAV9 3.10% 3.10% 5/6/2027 $249,000.00 $249,000.00 DEPARTMENT OF COMMERCE - 5 YEAR CD 24951TAT2 3.25% 3.25% 5/13/2027 $249,000.00 $249,000.00 TRUSTONE FINL CR UN - 5 YEAR CD 89841MAF4 3.40% 3.40% 7/19/2027 $249,000.00 $249,000.00 BMO HARRIS BANK - 5 YEAR CD 05600XHE3 3.55% 3.55% 7/27/2027 $247,000.00 $247,000.00 THIRD FEDL S&L ASSN - 5 YEAR CD 88413QDM7 3.40% 3.40% 7/27/2027 $245,000.00 $245,000.00 CMNTY COMMERCE BANK CLAREMONT- 5 YEAR CD 20367GBH1 3.30% 3.30% 8/10/2027 $249,000.00 $249,000.00 ST VINCENT MED CTR CR - 5 YEAR CD 85279AAA0 3.50% 3.50% 8/12/2027 $249,000.00 $249,000.00 PITTSBURG CITY HALL FCU - 5 YEAR CD 72500MAA3 3.60% 3.60% 8/16/2027 $249,000.00 $249,000.00 SHARONVIEW FCU - 5 YEAR CD 819866BL7 3.50% 3.50% 8/16/2027 $249,000.00 $249,000.00 GHS FEDERAL CREDIT UNION - 5 YEAR CD 36266LAA4 3.80% 3.80% 9/15/2027 $249,000.00 $249,000.00 ROGUE CREDIT UNION - 5 YEAR CD 77535MAG8 5.20% 5.20% 12/23/2027 $249,000.00 $249,000.00 PACIFIC WESTERN BANK - 5 YEAR CD 69506YXD6 5.65% 5.65% 3/22/2028 $243,000.00 $243,000.00 NEW ORLEANS FIREMANS FCU - 5 YEAR CD 647608AH1 5.00% 5.00% 7/17/2028 $248,000.00 $248,000.00 NUMERICA CREDIT UNION - 5 YEAR CD 67054NBK8 5.10% 5.10% 7/31/2028 $248,000.00 $248,000.00 GREEN STATE CREDIT UNION- 5 YEAR CD 39573LEL8 5.00% 5.00% 8/29/2028 $248,000.00 $248,000.00 ALLIANT CREDIT UNION- 5 YEAR CD 01882MAH5 5.35% 5.35% 11/15/2028 $248,000.00 $248,000.00 $17,623,876.00
$47,262,867.07
$75,084,523.05
Amount % of Portfolio Amount % of Portfolio
$1,537,948.36 2% 47,366,592.78 $ 64%
$10,002,278.20 13% 14,222,416.52 $ 18%
$16,281,429.42 22% 13,495,513.75 $ 18%
$7,050,211.77 9% $ 100% 75,084,523.05
$4,051,842.50 5%
$15,570,936.80 20% 1.14
$20,589,876.00 28% 3.96%
$75,084,523.05 100%
Michael O'Brien Administrative Services Director/City Treasurer Prepared by: Jennifer Legaspi

INVESTMENTS BY TYPE INVESTMENTS BY MATURITY

CHECKING ACCOUNTS/CASH ON HAND
Type
TOTAL CD's/GSE BONDS/ CORPORATE BONDS/TREASURY BILLS

TOTAL OF ALL INVESTMENTS
STIFEL CD'S INVESTMENT SUBTOTAL:

Maturity Range
1 Day to 1 Yr.
1 Yr. to 3 Yrs.
3 Yrs. to 5 Yrs.

Total
The above investments have met the requirements as stated in the City's Annual Investment Policy.

CALTRUST

GSE AGENCY BONDS

COMMERCIAL BONDS
U.S TREASURY BILLS

NEGOTIABLE CERTIFICATES OF DEPOSIT

LOCAL AGENCY INVESTMENT FUND (LAIF)

TOTAL OF ALL INVESTMENTS
Weighted Average Maturity in Years
Weighted Average Yield

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of February 27, 2024
From: Chris Constantin, City Manager
Prepared by: Michael O'Brien, Director of Administrative Services Subject: Review, Consideration, and Approval of Mid-Year report and budget appropriations
____________________________________________________________________________

SUMMARY
Overview of the budget vs. actuals at the mid-year point and requested budget appropriations.

RECOMMENDATION
City staff recommends that the City Council:
• Receive and file the mid-year report;
• Approve requested budget appropriations as specified in Attachment 1; and • Approve reallocation of assigned fund balance as follows:

o Decrease Other Post Employment Benefit Reserve from $2,978,932 to $2,300,000 to match the current calculated liability,
o Increase Compensated Absences Reserve from $1,264,766 to $1,500,000 to address the current calculated liability,
o Increase the General Plan update reserve from $250,000 to $3,000,000 to reflect the estimated cost to conduct the City’s General Plan Update, o Decrease the NPDES Permit Reserve from $600,000 to $0 due to current Measure W allocation, and
o Decrease the Unassigned Fund Balance by $1,706,302 to assign additional funds needed for the assignment to the General Plan Update.

FISCAL IMPACT

Mid-Year report and budget appropriations Page 2
For the Meeting of February 27, 2024
If the midyear appropriations are approved, $3,973,954 of unassigned fund balance will be transferred to fund 12 for infrastructure and fund 20 for Community Park Development. These funds are designated for completing road repairs on the San Dimas loop, addressing storm water improvements at Horsethief Canyon Park, and finishing the Walnut Creek Park Trail Development project.

Additional appropriations have been made to cover costs associated with technological upgrades aimed at improving efficiencies, legal and professional study expenses related to the formation of employee union groups, additional PERS contributions totaling $250,000 to decrease our unfunded liability debt, and reallocating expenses between the General Fund and the American Rescue Plan Act (ARPA) funds to ensure the full expense of the ARPA funding is utilized by the end of fiscal year 2023-24.

Additional revenues totaling $1,350,000 from interest revenues will also be appropriated, along with reductions for salary and benefit savings resulting from vacancies.

Furthermore, $1,706,302 is proposed to be reallocated from the Unassigned fund balance to the General Plan Update to align funds with cost estimates for amending the plan.

The net effect of these appropriations and reallocations from assigned to unassigned fund balance would be a decrease of ($4,193,412), reducing the unassigned fund balance in the General Fund (001) from $16,652,393 to $12,458,981. This amount would equate to 40% of operating expenditures, while the total fund balance of $30,143,975 would still be over 96% of operating expenditures.

Positive amendments for the New Equipment and Capital Asset Replacement reserve funds are due to expenditures being transferred to the ARPA fund 101. This transfer was done in exchange for moving the Horsethief Canyon Park Project from ARPA to fund 12 Infrastructure. The park project is likely to carry over into the 2024-25 fiscal year, and ARPA funds must be spent by the end of the current fiscal year.

BACKGROUND
The budget development process for the city begins in January, culminating in a presentation of the complete budget at the June meeting for the following fiscal year. Each fiscal year starts in

Mid-Year report and budget appropriations Page 3
For the Meeting of February 27, 2024
July and ends the following June, with the approved budget referred to as the initial City Council approved budget.

After the fiscal year begins in July, the City continues to process and close out financial transactions from the previous year. Consequently, the total actual revenues and expenditures for the previous completed year are not finalized until all transactions are posted. Therefore, the initial City Council approved budget for the next year, particularly the fund balances, is initially based on estimates and subject to revision.

The City then develops its annual financial report, conducts the annual financial audit, and presents a final report to the City Council in December, close to the midyear of the following budget year. This timeline is common for local cities, and as such, the real numbers for the previous fiscal year and the numbers for the current year budget are based to some extent on estimates that need to be updated when the annual financial reports are received and approved.

The updated budget is called the working budget.

The mid-year budget review, reflecting actual transactions through the midpoint of the fiscal year, allows the City to modify the current year’s budget to better reflect reality. This staff report identifies changes to the 2023-24 budget and recommends budget appropriations to more closely align the 2023-24 working budget with actual financial results from the financial audit and current revenue receipts.

DISCUSSION/ANALYSIS
As of the end of January 2024, actual revenues collected were $16,232,274.79, which is $2,095,914.54 ahead of actual expenses totaling $14,136,360.25. Typically, expenditures would exceed revenues until August, when the last months of the fiscal year's tax collections are distributed to the city.

The majority of the revenue influx is due to interest earnings, which have reached $3,193,010 as of January 31, 2024, exceeding the budget by $2,543,010. This overage is a result of high interest earnings on short-term and liquid investments, along with decreasing interest rates on long-term investments, which have helped mitigate the losses of fair market value experienced over the past two fiscal years.

If we were to end the year today, approximately ($1,700,000) of the interest earnings would be allocated to other funds or adjusted down to fair market value. Additionally, the annual payment from the golf course for accrued interest, budgeted at $302,000, would be applied to this account.

At the end of the fiscal year, this account is likely to finish with $2,000,000 in interest earnings, unless we see a spike in interest rates over the next four months, which could decrease the value of our current investments.

Additionally, building permits have collected 90% of their budget and are projected to finish well above budget. However, no amendment to building permits is being proposed at this time.

Over the course of the remaining year, implementation of the fee study should assist in delivering revenues that will surpass budgeted amounts not only for the permits listed above but also for parking and public works permits. After just two months since the incorporation of the fee

Mid-Year report and budget appropriations Page 4
For the Meeting of February 27, 2024
increases, it is too early to determine an accurate estimate of the true impact of the increases.

Parking moratoriums and the closure over the holiday break affected what would typically be revenues for those categories. We hope to have a better understanding of those revenues going forward as we get closer to the end of the fiscal year.

Two revenue categories trending below expectations are sales tax and transient occupancy taxes (TOT). HDL, our revenue consultants, originally estimated that sales tax receipts would total $8,665,486; however, those estimates have been decreased to $8,292,832, a decrease of ($372,654). Regarding TOT, it was discovered that a hotel had over collected taxes on a guest who stayed over 30 days, and the funds had to be returned. These prior year collections that must be returned will reduce the current year's distributions. Reductions in this revenue source should be recouped by revenues generated by the fee increases that went into effect in December.

Future Considerations
The City’s current financial condition, a snapshot in time, is stable regarding the availability of cashflow and reserve balances. With the additional budget appropriations, it is likely that the General Fund will experience deficit spending in the current fiscal year due to the one-time capital improvement costs. However, some of this projected deficit may be reduced by revenues that exceed the budget by year-end and expense accounts that are not fulling expended as predicted.

We must note that our revenue base will shrink going forward. The loss of ARPA funds that must be utilized before fiscal year 2024-25 is projected to create a $2 million gap when comparing current revenues versus current operating expenditures.

The City will also have to grapple with rising public safety and unfunded liability costs, needs to improve aging infrastructure, and future increases in long-term contracts that provide services will add significant costs to the City’s budget. Coupling that with flat to potentially negative sales tax growth during a projected economic slowdown, the City may have to rely on reserves to continue its current service offerings.

Staff will utilize the next budget cycle to continue scrutinizing budget line items to reduce contingency funds that frequently go unspent while providing a mechanism to ensure overages for required services and materials are available to departments when projected expenditures are forecasted to exceed the original budgets.

While the adopted fee increases will assist in bridging some of the gap between operating expenditures and revenues, the City‘s 10-year financial projections indicate that another revenue stream will be necessary to avoid reductions in existing programs and services as well as to address the gap in annual funding necessary to improve street and public infrastructure condition.

ALTERNATIVES
City Council could elect to modify or reject the recommended budget appropriations and changes to the unassigned and assigned fund balance designations.

ENVIRONMENTAL REVIEW

Mid-Year report and budget appropriations Page 5
For the Meeting of February 27, 2024
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

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

1. Mid-Year Budget Amendments

Account No. Description
FY 23-24
Budget Amount Requested Proposed Total
001.341.001 Interest Revenue $ (650,000) $ (1,350,000) $ (2,000,000) Total Revenue Appropriations General Fund $ (1,350,000) 012.500.001 Transfer in from General Fund $ (10,703) $ (3,328,954) $ (3,339,657) 020.500.001 Transfer in from General Fund $ - $ (645,000) $ (645,000) 034.358.000 Measure H Homeless Grant $ - $ (10,000) $ (10,000) Total Revenue Appropriations Special Funds $ (3,983,954) Total Revenue Appropriations All funds $ (5,333,954)
001.4120.012.000 Car Allowance $ 8,400 $ 2,200 $ 10,600 001.4150.430.000 Sick Leave Bank $ 25,000 $ 2,357 $ 27,357 001.4150.433.000 Physical Examinations $ 3,500 $ 4,500 $ 8,000 001.4190.200.001 PERS Unfunded Liability $ 1,325,000 $ 250,000 $ 1,575,000 001.4308.101.000 Community Development Director $ 186,000 $ (55,000) $ 131,000 001.4308.101.018 Departmental Assistant $ 54,000 $ (10,000) $ 44,000 001.4308.102.003 Planning Intern $ 40,000 $ (20,000) $ 20,000 001.4310.101.009 Administrative Assistant $ 72,000 $ (15,000) $ 57,000 001.4310.102.000 Engineering Intern $ 40,000 $ (5,000) $ 35,000 001.4311.200.000 Employee Benefits $ 162,500 $ (20,128) $ 142,372 001.4341.101.005 Street Maitenance Worker $ 131,000 $ (25,000) $ 106,000 001.4341.200.000 Employee Benefits $ 185,000 $ (22,064) $ 162,936 001.4342.101.008 Equipment Mechanic $ 73,500 $ (33,500) $ 40,000 001.4342.200.000 Employee Benefits $ 35,000 $ (15,000) $ 20,000 001.4345.200.000 Employee Benefits $ 65,000 $ (10,000) $ 55,000 001.4410.103.000 Overtime $ 4,000 $ 4,000 $ 8,000
001.4412.101.008 Departmental Assistant $ 63,500 $ (8,500) $ 55,000 001.4415.101.003 Landscape Maintenance Worker $ 191,091 $ (20,000) $ 171,091 001.4430.200.000 Employee Benefits $ 115,000 $ (10,000) $ 105,000 $ -
Salary,Benefit, Training, and Recognitions Appropriations, General Fund
$ (8,335)
001.4150.020.000 Administrative Services Professional Services $ 11,500 $ 18,500 $ 30,000 001.4170.020.000 Contract Legal Services $ 408,605 $ 50,000 $ 458,605 001.4180.020.001 Professional Services $ 20,000 $ (7,250) $ 12,750 001.4190.020.023 City Studies $ - $ 25,000 $ 25,000
001.4210.020.006 General Law Traffic Enforcement $ 4,923,818 $ (230,000) $ 4,693,818 001.4212.020.001 General Emergency Services $ 12,041 $ 7,959 $ 20,000 001.4310.020.008 Waste Compliance Services $ - $ 323,200 $ 323,200 001.4311.020.001 Contract Plan Check $ 90,000 $ (90,000) $ - 001.4345.020.000 General Professional Services Striping $ 110,000 $ 100,000 $ 210,000 Professional Services Appropriations, General Fund $ 197,409 001.4190.015.000 Office Equipment Maintenance $ 70,211 $ (70,211) $ - 001.4190.016.000 General Services Publications & Dues $ 42,995 $ (42,995) $ - 001.4410.022.003 Telephone $ 2,200 $ 200 $ 2,400
001.4410.023.922 Water $ 5,290 $ 1,400 $ 6,690
001.4410.031.000 Janitorial Supplies $ 7,000 $ 1,500 $ 8,500 001.4411.031.000 Janitorial Supplies $ 11,500 $ 2,000 $ 13,500 001.4412.022.003 Telephone $ 750 $ 350 $ 1,100
001.4412.031.000 Janitorial Supplies $ 5,750 $ 4,000 $ 9,750 001.4342.022.001 Yard Electricity $ 40,000 $ 5,000 $ 45,000 001.4420.034.010 Special Events $ 26,000 $ 5,000 $ 31,000 001.4430.019.000 Rental Service $ 3,000 $ 200 $ 3,200
001.4430.022.003 Telephone $ 1,350 $ 400 $ 1,750
001.4430.031.000 Janitorial Supplies $ 7,000 $ 3,000 $ 10,000 001.5000.099.012 Transfer Out Infastructure Fund $ 10,703 $ 3,328,954 $ 3,339,657 001.5000.099.020 Transfer Out Community Park Development Fund $ - $ 645,000 $ 645,000 Operational & Maintenance, Transfers Out Appropriations $ 3,883,798 Total G.F. 001 Unassigned Expenditure Appropriations $ 4,072,872 $ -
070.4314.041.012 Equipment Replacement Council Chambers $ 136,170 $ (136,170) $ - 100.4314.039.014 Backhoe Tractor $ 184,000 $ (184,000) $ - $ -
Assigned General Fund Expenditures Appropriations $ (320,170) Revenues
Expenditures
ATTACHMENT 1

003.4410.015.000 Maintenance of Equipment $ 26,760 $ 3,600 $ 30,360 006.4310.020.002 Industrial Waste Charges $ 55,000 $ 5,000 $ 60,000 007.4345.020.006 Accident Repair/Replacements $ 45,000 $ 5,000 $ 50,000 012.4841.927.007 Horsethief Canyon Park $ - $ 328,954 $ 328,954 012.4841.929.009 San Dimas Avenue Loop $ - $ 3,000,000 $ 3,000,000 020.4410.937.022 Walnut Creek Park Development $ 139,412 $ 645,000 $ 784,412 034.4802.015.000 Maitnenance $ 318,316 $ 100,000 $ 418,316 034.4802.851.040 Mobile Home Rehab $ 382,334 $ (100,000) $ 282,334 101.4190.015.000 Office Equipment Maintenance $ - $ 70,211 $ 70,211 101.4190.016.000 General Services Publications & Dues $ - $ 42,995 $ 42,995 101.4190.020.000 Audit/Professional Services $ 89,698 $ 25,112 $ 114,810 101.4190.020.023 Fee Study $ 26,418 $ (25,112) $ 1,306
101.4190.035.000 Technology Sub. & License $ 396,001 $ 30,000 $ 426,001 101.4210.020.006 General Law/Traffic Enforecement $ 1,250,000 $ 350,000 $ 1,600,000 101.4310.020.008 Waste Compliance Services $ 323,200 $ (323,200) $ - 101.4311.020.001 Contract Plan Check $ - $ 160,000 $ 160,000 101.4314.039.014 Backhoe Tractor $ - $ 184,000 $ 184,000 101.4314.041.012 Equipment Replacement Council Chambers $ - $ 136,170 $ 136,170 101.4412.023.000 SR CTR Buildings & Grounds $ 55,230 $ 3,500 $ 58,730 101.4841.927.007 Horsethief Canyon Park $ 328,954 $ (328,954) $ - $ -
Expenditure Appropriations Special Funds $ 4,312,276
Total Appropriations of Reserves All Funds *Revenuse Less Expense $ 2,731,024 * Note ( ) equates to addition to available reserves
Expenditures - Special Funds

ORDINANCE 1304

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SAN DIMAS MUNICIPAL CODE SECTIONS 2.04.030 AND 2.06.020 RELATING TO SALARIES OF

CITY COUNCILMEMBERS AND THE MAYOR
WHEREAS, California Government Code section 36516(a) allows a City Council to enact an ordinance providing for salaries for Council Members including the Mayor; and WHEREAS, California Government Code section 36516(a)(4) allows for increases in Council Member salary provided the increase is adopted by ordinance and the amount of additional compensation does not exceed an amount equal to 5% of the current salary for each calendar year from the date of the last adjustment; and WHEREAS, City of San Dimas (City) Council Member salaries were last adjusted by Ordinance No. 1180, which increased salaries for each Council Member, including the Mayor, to $620 per month, with an additional $210 per month for the Mayor, which took effect in April 2009; and
WHEREAS, Senate Bill 329 was adopted to reflect the important work performed by city councilmembers, to take into account the impacts of inflation and economic realities on those who serve as city councilmembers, to support income diversity on city councils because increased compensation can help individuals from across different income levels receive sufficient income to enable them to serve, and to encourage more persons to consider service as councilmembers by making the compensation more reflective of the time and work as an elected official; and
WHEREAS, there is a need for increased compensation on the San Dimas City Council in order to attract diverse and innovative persons to serve on future City Councils, to account for the impacts of inflation on existing City Council salary, to support income and economic diversity on the City Council, and to encourage more persons to serve by making the compensation more reflective of the time and work of an elected official; and WHEREAS, for the above reasons, the City Council now wishes to increase its salaries as provided by the California Government Code.

NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, County of Los Angeles, State of California does hereby ordain as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. San Dimas Municipal Code section 2.04.030 is hereby amended to read, in its entirety, as follows:
“2.04.030 Compensation of Councilmembers.

A. Purpose. The ordinance codified in this section is enacted pursuant to Section 36516 of the Government Code, authorizing the council to provide by ordinance that each

Ordinance 1304 Page 2
City Council Salaries
member of the council shall receive a prescribed salary, the amount of which is based upon the population of the city as determined by the last preceding federal census or estimate validated by the State Department of Finance.

B. Population. As of the date of passage of the ordinance codified in this section, the latest estimate of population of the city of San Dimas made by the Department of Finance is thirty-four thousand seventy-nine.

C. Last Adjustment. Inasmuch as the last Councilmember salary adjustment was approved in 2008 and became effective in 2009, the salaries adopted herein are authorized pursuant to the authority of California Government Code Section 36516.

D. Salaries. Each member of the city council of the city shall receive, as salary, the sum of $1,054 dollars per month, which shall be payable from and after the operative date of this section at the same time and in the manner as the salaries are paid to other officers and employees of the city of San Dimas.

E. Reimbursement. The salaries prescribed in this section are and shall be exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by them in the performance of official duties for the city of San Dimas and other amounts as payment for retirement, health and welfare and other benefits as are paid for by the city for its employees.”
SECTION 3. San Dimas Municipal Code section 2.06.020 is hereby amended to read, in its entirety, as follows:
“2.06.020 General Provisions.

The elected mayor shall receive the same compensation as is received by other members of the city council with a supplemental compensation of $250 dollars per month. The relationship between the mayor and the city manager shall be as provided in the municipal code for the relationship between the city manager and members of the city council.

Appointments to various commissions and/or committees of the city shall be upon the basis of three affirmative votes of members of the city council based on nominations from the members of the city council.”
SECTION 4. 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.

SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect 30 days after its final passage. In accordance with Government Code Section 36516.5, the compensation established by this ordinance shall be payable on and after the date of commencement of a new term of office by one or more councilmembers.

Ordinance 1304 Page 3
City Council Salaries
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 27th day of February 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 1304 was introduced at a regular meeting of the City Council of the City of San Dimas on the 13th day of February, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 27th day of February, 2024. ___________________________
Debra Black, City Clerk

01171.0001/928875.3
ORDINANCE 1305

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SAN DIMAS MUNICIPAL CODE SECTIONS 13.36.020 AND 13.36.070 TO PERMIT AN INCREASED ADMINISTRATIVE FINE FOR EGREGIOUS VIOLATIONS OF SDMC CHAPTER 13.36

REGARDING COMMUNITY TREES
WHEREAS, San Dimas Municipal Code (“SDMC”) Chapter 13.36 governs community tree management; and
WHEREAS, SDMC Section 13.36.020 defines “Community tree” as “any city-owned tree which is located within any public park, city right-of-way, median, parkway, planting easement, or on any other city-owned property”; and
WHEREAS, SDMC Section 13.36.060 delineates prohibited and unlawful activities and conditions pertaining to Community trees; and
WHEREAS, SDMC Section 13.36.070 outlines the penalties and violations for violating the City’s Community trees policies; and
WHEREAS, Community trees contribute to the beautification of the City, creating a welcoming environment for residents and visitors; and
WHEREAS, Community trees have the ability to reduce stress, improve overall health and development in children, and encourage physical activity, bolstering the health and welfare of the community; and
WHEREAS, at the July 25, 2023 City Council meeting, council members considered the need to increase administrative fines for egregious violations of Chapter 13.36; and WHEREAS, California Government Code Section 53069.4(a)(1) explicitly authorizes the City Council to enact an ordinance to make “any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty”; and WHEREAS, the City Council now wishes to amend SDMC Chapter 13.36 to define egregious violations and to increase the administrative fine for egregious violations of Chapter 13.36.

NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, County of Los Angeles, State of California does hereby ordain as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Section 13.36.020 (Definitions) of Chapter 13.36 of Title 13 of the San Dimas Municipal Code is hereby amended to add the following definition between “Easement” and “Heritage Tree”: (additions in bold and italics):
“13.36.020 Definitions.

Ordinance 1305 Page 2
Amending Sections 13.36.020 and 13.36.070
. . .
“Easement” or “right-of-way” means land owned by another over which the city has an easement or right-of-way for street and related purposes. “Egregious violation” means any willful or intentional violation of this Chapter involving a community tree located in a city park, in a city recreational facility, or in a city street median, that severely disfigures or severely injures the tree, is likely to cause the death of the tree, or actually causes the death of the tree. “Heritage tree” is a community tree which by virtue of its species, size, age, appearance or historical interest has been found by the city council to be of importance to the community.

The parks and recreation department shall retain a detailed inventory of all heritage trees. . . .”
SECTION 3. Section 13.36.070 (Penalties and liabilities for violations of this chapter.) of Chapter 13.36 of Title 13 of the San Dimas Municipal Code is hereby amended to read as follows (deletions marked in strikethrough, additions in bold and italics):
“13.36.070 Penalties and liabilities for violations of this chapter.

A. Any person who violates any provision of this chapter is guilty of a misdemeanor, unless the prosecuting attorney charges the offense as an infraction.

B. Any egregious violation of this Chapter shall be subject to an administrative civil penalty under Chapter 1.06 in an amount set by resolution of the City Council per tree and per day of the violation, which may exceed the administrative civil penalty amount established by Section 1.06.020.

C B. Responsible persons shall be jointly and severally liable to the city for the appraised value of each community tree that is removed in violation of this chapter, as well as for each damaged or injured community tree that the director determines will not regain its complete health, appearance or life expectancy as a result of an action or inaction that constitutes a violation of this chapter.

D C. Responsible persons who unlawfully remove an entire community tree, or who partially remove, damage or injure a community tree in violation of this chapter, which the director determines must then be entirely removed, shall also mitigate the loss of such tree to the community forest as follows:

1. Heritage trees shall be replaced at a ratio of four to one, either on the site of their removal or in other public areas in the city as determined by the director.

2. Other community trees shall be replaced at a ratio of two to one, either on the site of their removal or in other publicly owned or dedicated areas in the city as determined by the director.

Ordinance 1305 Page 3
Amending Sections 13.36.020 and 13.36.070

3. Responsible persons shall be jointly and severally liable to the city for the removal costs and disposal charges or fees in connection with any damaged community tree. These include, but are not limited to, the costs and expenses that the city incurs when city personnel are used, or those fees and expenses that a contractor charges the city for its services. When a contractor removes and disposes of a tree, the responsible persons, shall also be jointly and severally liable to the city for staff time of city personnel in overseeing this project.

4. Tree replacement size shall be determined based upon tree valuation per Section 13.36.040 of this chapter. Responsible persons shall be jointly and severally liable for the city’s purchase and delivery of such trees to the selected locations, as well as for the cost of their installation.

5. If the director elects to not designate a replacement location, the responsible person shall nevertheless be jointly and severally liable for the city’s present cost of replacement trees, which funds, when received, shall be placed in a community tree fund and utilized for community tree planting projects in the city.

6. The responsible persons shall tender full payment for the liabilities described in subsections B and C of this section to the city within ten calendar days of the date the parks and recreation department issues a written request for payment by first class mail to the person. The city’s receipt of full payment of such liabilities from one responsible person shall inure to the benefit of any other responsible persons. The city may collect unpaid sums in any manner allowed by law.

E D. The liabilities set forth in this section shall be in addition to any other fines, damages or other sanctions that may be imposed on a responsible person pursuant to California Civil Code Section 3346 or other applicable state law.

F E. The penalties and consequences provided for in this section are cumulative and not exclusive.

SECTION 4. 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.

SECTION 5. 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 6. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage.

Ordinance 1305 Page 4
Amending Sections 13.36.020 and 13.36.070
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 27th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Emmett 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 1305 was introduced at a regular meeting of the City Council of the City of San Dimas on the 13th day of February, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 27th day of February, 2024. ___________________________
Debra Black, City Clerk

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of February 27, 2024
From: Chris Constantin, City Manager
Prepared by: Lauren Marshall, Sr. Management Analyst
Subject: Introduce Ordinance 1306 Amending Chapter 14.11 (Stormwater Management and Discharge) & Chapter 14.13 (Low Impact Development) of the San Dimas Municipal Code to Implement Updates to the Los Angeles Regional Water Quality Control Board’s Municipal Separate Storm Sewer System (MS4) Permit ____________________________________________________________________________

SUMMARY
Staff recommends that City Council introduce Ordinance 1306 to amend Chapter 14.11 and

14.13 of the Municipal Code relating specifically to compliance with the MS4 Permit.

RECOMMENDATION
City staff recommends that the City Council:
• Introduce Ordinance 1306 by title
An Ordinance of the City Council of the City of San Dimas, California, Amending San Dimas Municipal Code Chapter 14.11 and Chapter 14.13 of Title 14 (Water and Sewers) updating the Stormwater Management and Discharge and Low Impact Development (LID) Requirements for New Development and Redevelopment Projects and Incorporating the Regional Phase I Municipal Separate Storm Sewer System (MS4) Permit Requirements Associated with Discharge and Connection to the Storm Drain System, and Control of Stormwater and Non-Stormwater Runoff

FISCAL IMPACT
Compliance with the MS4 Permit continues to be a partially unfunded mandate. With the passage of Measure W (Safe Clean Water Program), the City now receives approximately $600,000 per year in local return funds to assist with Permit compliance. However, the funds available for stormwater costs through the Safe Clean Water are less than the expenditures required to comply with the permit. Therefore, there is also an impact to the City’s General Fund to meet the numerous stormwater requirements outlined in the permit.

Introduce Ordinance 1306 Amending Chapter 14.11 (Stormwater Management and Discharge) & Chapter 14.13 (Low Impact Development) of the San Dimas Municipal Code Page 2 For the Meeting of February 27, 2024
In order to comply with the Permit, there are several direct and indirect costs to the City. Direct costs include permit fees to the State Water Board (approximately $23,000 per year), consulting costs for project development, stormwater plan updates, and stormwater quality monitoring, and most recently this Municipal Code update in the amount of $11,890. Other direct costs that are covered by Safe Clean Water funds include measures such as catch basin cleaning, channel clearing, employee stormwater training, public outreach, education, and enforcement activities. The Safe Clean Water Program will only pay for maintenance and operations costs up to 30% (or $180,000) of the annual allocation. Costs over this amount must be funded through other sources. For instance, street sweeping is required as part of MS4 permit compliance yet is paid for out of the General Fund because costs of the City‘s stormwater maintenance activities exceed 30% of the total Safe Clean Water Funds annual allocation.

The remaining 70% of Safe Clean Water funds are required to be used for new projects such as the Permit mandated catch basin screens and other capital improvements that clean and/or capture stormwater runoff. This amount of $400,000 or 70% of the Safe Clean Water Municipal Funding has been set aside for multiple years for these expensive capital projects.

All of the aforementioned activities have indirect costs, namely staff time for tasks like construction site inspections, Industrial/Commercial facility inspections, and filing numerous reports to State and County Agencies multiple times per year. Where possible, the costs are transferred directly to the business or property that it applies to as a pass-through fee.

In total, the City spends over half a million dollars, just in direct costs annually between Safe Clean Water Funding and the General Fund with no staffing costs included.

The City has been awarded design funding for two future stormwater infiltration projects in City owned parks, but costs to build these new water quality facilities are anticipated to run nine to ten million dollars. The Safe Clean Water Funds fall far short of funding these projects. Staff continues to look for funding opportunities to construct these facilities once they are designed as part of Permit compliance.

BACKGROUND
The State of California updates the Municipal Separate Storm Sewer System (MS4) Permit periodically. As a result, on September 11, 2021, the new MS4 Permit (Order No. R4-2021-0105) became effective. For compliance purposes, staff is updating Chapter 14.11 (Stormwater Management and Discharge) and 14.13 (Low Impact Development) of the San Dimas Municipal Code.

Updating Chapter 14.11 and 14.13 of the City’s Municipal Code by Ordinance 1306 (Attachment 1) will allow staff to continue to keep the City in compliance with the MS4 Permit.

The previous MS4 Permit, Order No. R4-2012-0175 was adopted on November 8, 2012, by the Los Angeles Regional Water Quality Control Board (Regional Board). This Permit required cities to adhere to regulations which would ensure acceptable water quality standards were being maintained with respect to stormwater and non-stormwater discharges.

Additionally, on June 10, 2014, staff received approval from the City Council to submit a Watershed Management Plan (WMP) and Coordinated Integrated Monitoring Plan (CIMP), to the

Introduce Ordinance 1306 Amending Chapter 14.11 (Stormwater Management and Discharge) & Chapter 14.13 (Low Impact Development) of the San Dimas Municipal Code Page 3 For the Meeting of February 27, 2024
Regional Board. These two documents created guidelines for the City to comply with the Permit regulations.

DISCUSSION/ANALYSIS
The State of California periodically updates the MS4 Permit. The latest Permit was adopted by the Los Angeles Regional Water Quality Control Board in September 2021. This permit addresses stormwater and non-stormwater discharges from the MS4 within Los Angeles County and replaces the previous MS4 Permit.

In order to ensure City compliance with the Permit, the San Dimas Municipal Code must be updated. Staff recommends the following changes to Chapter 14.11 for adoption:
• Added and or revised terms found in Section 14.11.010 – “Definitions” as follows:
o Added the following terms: Adverse Impact; Area of Special Biological Significance; Authorized Non-Stormwater Discharge; Automotive Service Facility; Conditionally Exempt Non-Stormwater Discharge; Construction Activity; Construction General Permit; Control; Dechlorinated/Debrominated Swimming Pool Discharge; Drinking Water Distribution System Discharges; Emergency Situation; Industrial General Permit; Industrial/Commercial Facility; LID; Municipal Separate Storm Sewer System; Non-Stormwater Discharge; Planning Priority Projects; Regional Board; and Sidewalk Rinsing. o Revised the following: Illicit Connection; Illicit Discharge; New Development; and Stormwater Pollution Prevention Plan.
• Newly added section 14.11.030 “General Provisions”, documenting the purpose and intent of the stormwater ordinance.
• Ordinance section titles were revised to be more consistent with the MS4 permit. • Section 14.11.040 – “Prohibited Discharges and Activities”, identifies the illicit discharges and conditionally exempt non-stormwater discharges consistent with Part III.A.3 and 4 of the Order.
• Newly added Section 14.11.050 – “Prohibited Connections to the MS4”, identifies prohibited connections and removal authorities granted to the City Engineer. • Section 14.11.060 – “Requirements for Existing Properties”, reflects source control best management practices (BMPs) prescribed in Table 6 of the Order. • Newly added Section 14.11.070 – “Industrial and Commercial Facilities”, identifies prohibited discharges and activities; and permitting requirements. Additionally, the section references the Notice of Non-Applicability (NONA) requirements and best management practices for industrial and commercial facilities. • Section 14.11.080 – “Low Impact Development Standards for New Development and Redevelopment”, has been pared down to reference the City’s LID Ordinance Chapter

14.13. • Section 14.11.090 – “Requirements for Construction Projects”, incorporates revised minimum BMPs and newly added minimum BMPs required for all construction projects. • Section 14.11.100 – “Municipal Facility Activities”, revised to reflect the permitting requirements and minimum BMPs prescribed in the Order.
• Section 14.11.110 – “Public Information and Participation Program”, documents the City’s participation in the East San Gabriel Valley Watershed Group and its commitment to increase stormwater awareness and support for stormwater management programs. • Section 14.11.120 – “Inspection and Fees”, identifies the actions that may be carried out during the course of an inspection to include monitoring and sampling (as necessary);

Introduce Ordinance 1306 Amending Chapter 14.11 (Stormwater Management and Discharge) & Chapter 14.13 (Low Impact Development) of the San Dimas Municipal Code Page 4 For the Meeting of February 27, 2024
records review; and photographic evidence to be collected. It also establishes prohibitions for interference with an inspection.
• Section 14.11.130 – “Enforcement and Penalties” includes minor formatting changes and clarifications.

Additionally, the following changes to Chapter 14.13 Low Impact Development (LID) are recommended for adoption:
• Revised section 1.03. Purpose to be more consistent with the language contained in the Order No R4-2021-105 (Order).
• Added, revised, and removed/replaced terms found in Article II: Definitions as follows:
• Added the following terms: 85th Percentile, 24-Hour Storm Event; Act or Clean Water Act. • Areas of Special Biological Significance; Automotive Service Facility; Biofiltration; Bioretention; Commercial Malls; Construction Activity; Directly Adjacent; Effective Impervious Area; Emergency Situation; Flow-based BMPs; General Construction Activities Stormwater Permit; Green Roof; Hydrologic Unit Code; Hydromodification; Industrial Park; Low Impact Development (LID); New Development; Parking Lot; Planning Priority Project; Rainfall Harvest and Use; Receiving Water; Redevelopment; Restaurant; Retail Gasoline Outlet; Routine Maintenance; Site; Source Control BMP; Stormwater; Stormwater Runoff; SUSMP; and Treatment Control BMP.
• Revised the following: Impervious Surface; Infiltration BMP; Maintenance Agreement; Natural Drainage System; and Storm Dain System.
• Removed and/or Replaced terms were removed and/or replaced because they replaced with terms contained in the Priority Development Project section of the Order; or they were not found in the Order. The following terms were removed and/or replaced: Beneficial Uses; Conveyance Facility; Detention System; Engineered Site Grading Plan; Environmentally Sensitive Area; Grading; Hillside; Offsite Facility; Peak Rate of Discharge; Runoff; Sediment; Swale; Watercourse; Watershed; and Wetlands. • Revised Article III. New Development and Redevelopment Project Provisions to be consistent with the language in the Order. New Development and Redevelopment project criteria were combined in section A – Priority Development Projects. While section B.

Redevelopment Projects was retained as a stand-alone section. • Single-family Hillside Homes is no longer identified as a Priority Project category within the Order and can be removed. However, if the City wishes to consider this type of project for LID BMPs, it is recommend viewing it as a program enhancement. • Revised section 14.13.070 Alternative Compliance for Technical Infeasibility; adding onsite flow-based BMPs and ground water replenishment projects as Alternative Compliance Measures.
• Added newly created section 14.13.080 Hydromodification Management Requirements; documenting the requirements for projects located within natural drainage systems as referenced in section 4.F.2 of the Order.
• Revised section 14.13.110 Maintenance Agreement to include a signed Maintenance Agreement as a condition for issuing a certificate of occupancy for New Development and Redevelopment projects. Added an annual certification requirement and biennial inspection notice. For the annual certifications, September 30th was chosen as the certification date, in advance of the wet season, however, the Order does not specify a date.

ALTERNATIVES

Introduce Ordinance 1306 Amending Chapter 14.11 (Stormwater Management and Discharge) & Chapter 14.13 (Low Impact Development) of the San Dimas Municipal Code Page 5 For the Meeting of February 27, 2024
In addition to the recommendation, the following alternative actions are available for the City Council’s consideration: Take other action per City Council direction that will allow the City to remain in compliance with the MS4 Permit.

ENVIRONMENTAL REVIEW
This item is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and pursuant to CEQA Guidelines section 15378(b)(2) and (5) which exclude “continuing administrative…activities” and “administrative activities of governments that will not result in direct or indirect physical changes to the environment” from the definition of “project.”
Even if the item were a “project” it would be exempt from environmental review under CEQA Guidelines Sections 15307 and 15308 as actions taken by a regulatory agency for protection of natural resources and/or the environment, and exempt under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that this item may have a significant effect on the environment.

Respectfully submitted,
Lauren Marshall,
Sr. Management Analyst
Attachments:

1. Ordinance 1306 - Stormwater Ordinance Amendment

2. Redline of amendments made by Ordinance 1306

Attachment 1
ORDINANCE 1306

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, AMENDING SAN DIMAS MUNICIPAL CODE CHAPTER 14.11 AND CHAPTER 14.13 of TITLE 14 (WATER AND SEWERS) UPDATING THE

STORMWATER MANAGEMENT AND DISCHARGE AND LOW IMPACT

DEVELOPMENT (LID) REQUIREMENTS FOR NEW DEVELOPMENT AND

REDEVELOPMENT PROJECTS AND INCORPORATING THE REGIONAL
PHASE I MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT

REQUIREMENTS ASSOCIATED WITH DISCHARGE AND CONNECTION TO THE STORM DRAIN SYSTEM, AND CONTROL OF STORMWATER AND NONSTORMWATER RUNOFF WHEREAS, the City of San Dimas is authorized by Article XI, §5 and §7 of the State Constitution to exercise the police power of the State by adopting regulations to promote public health, public safety, and general prosperity.

WHEREAS, the City of San Dimas has authority under the California Water Code to adopt and enforce ordinances imposing conditions, restrictions, and limitations with respect to any activity which might degrade the quality of waters of the State.

WHEREAS, the City is a permittee under the " Waste Discharge Requirements for and National Pollutant Discharge Elimination System ( NPDES) Permit for Municipal Separate Storm Sewer System ( MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties, issued by the California Regional Water Quality Control Board — Los Angeles Region" ( Order No. R4- 2021- 0105), and also serves as Waste Discharge Requirements pursuant to Article 4, Chapter 4, Division 7 of the California Water Code ( commencing with section 13260); and section 402 of the Federal Clean Water Act ( CWA) and implementing regulations adopted by the U. S. EPA and Chapter 5. 5, Division 7 of the Water Code (commencing with section 13370).

WHEREAS, the Regional Phase I MS4 Permit amends certain requirements regulating the discharge of stormwater and urban runoff into the City' s storm drain facilities and control of stormwater and non- stormwater runoff.

WHEREAS, LID practices are widely recognized as an effective and sustainable approach to managing the quantity and quality of stormwater and non -storm water runoff by establishing standards and practices to maintain or restore the natural hydrologic character of a development site, reduce off-site runoff, improve water quality, and provide groundwater recharge.

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

SECTION I. Chapter 14.11 of the San Dimas Municipal Code is hereby amended to read, in its entirety, as follows:

San Dimas, California Municipal Code Title 14 WATER AND SEWERS

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Chapter 14.11 STORMWATER MANAGEMENT AND DISCHARGE

14.11.010 Definitions.

14.11.020 Responsibility for Administration.

14.11.030 General Provisions.

14.11.040 Prohibited Discharges and Activities.

14.11.050 Prohibited Connections to the MS4.

14.11.060 Requirements for Existing Properties.

14.11.070 Requirements for Industrial and Commercial Facilities.

14.11.080 Low Impact Development Standards for New Development and Redevelopment.

14.11.090 Requirements for Construction Projects.

14.11.100 Municipal Facility Activities.

14.11.110 Public Information and Participation Program.

14.11.120 Inspections and Fees.

14.11.130 Enforcement and Penalties.

14.11.140 Disclaimer of Liability.

14.11.150 Taking.

14.11.010 Definitions.

In addition to the Glossary of Terms found in Attachment D to the Los Angeles County Municipal Storm Water Permit Order No. R4-2021-0105, the following words and phrases shall have the following specific meanings:
“Adverse Impact” means any detrimental effect upon water quality or beneficial uses caused by a discharge of loading of a pollutant or pollutants.
“Area susceptible to runoff” means any surface directly exposed to precipitation or in the path of runoff caused by precipitation that leads directly to neighboring properties or to the street. “Areas of Special Biological Significance” means all those areas designated by the State Water Board as ocean areas requiring protection of species or biological communities to the extent that maintenance of natural water quality is assured. All Areas of Special Biological Significance are also classified as a subset of State Water Quality Protection Areas.

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"Authorized enforcement officer'' means the City's code enforcement officer and the Director of Public Works, including any person so designated by the Director of Public Works. “Authorized Non-Stormwater Discharge” means discharges that are not composed entirely of stormwater and that are either: (1) separately regulated by an Industrial or General NPDES permit and allowed to be discharges into the MS4 when in compliance with all NPDES permit conditions; (2) separately regulated by a conditional waiver of water discharge requirements (WDRs) or WDRs for agricultural lands; (3) authorized by U.S. EPA pursuant to sections 104(a) or 104(b) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that either (i) will comply with water quality standards as applicable or relevant and appropriate requirements (ARARs) under section 121(d)(2) of CERCLA; or (ii) are subject to (a) a written waiver of ARARs by U.S. EPA pursuant to section 121(d)(4) of CERCLA or (b) a written determination by U.S EPA that compliance with ARARs is not practicable considering the exigencies of the situation, pursuant to 40 CFR section 300.415(j); or (4) necessary for emergency response purposes, including discharges from emergency firefighting activities. “Automotive Service Facility” means a facility that is categorized by any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, facilities with SIC codes 5013, 5014, 5511, and 5541, will not be subject to inspection provided that these facilities have no outside activities or materials that may be exposed to stormwater.

SIC Code Corresponding NAICS Code
5013 425120, 441310, 425110, and 423120
5014 425120, 425110, 423130, and 441320
5511 441110
5541 447110 and 447190
7532 811121
7533 811112
7534 326212 and 811198
7536 811122
7537 811113
7538 811111
7539 811198 and 811118
"Best management practices" ("BMPs") means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters.
"City" means the City of San Dimas.
"Code" means the San Dimas Municipal Code.
“Conditionally Exempt Non-Stormwater Discharge” means certain categories of discharges that are not composed entirely of stormwater and that are allowed by the Los Angeles Water Board to discharge into the MS4, if the discharge is in compliance with all specified requirements; are not otherwise regulated by an individual or general NPDES permit; and are essential public services that are directly or indirectly required by other State or federal statute and/or regulation. These include non-stormwater discharges such as from drinking water supplier distribution system

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releases. Conditionally exempt essential non-stormwater discharges may contain minimal amounts of pollutants, however, when in compliance with industry standard BMPs and control measures, do not result in significant environmental effects. “Construction Activity” means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See “Routine Maintenance” definition for further explanation. Where clearing, grading, or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan.
“Construction General Permit” means General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities. General NPDES permit issued by the State Water Board, which authorizes the discharge of stormwater from construction activities under certain conditions.
“Control” means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. “Dechlorinated/Debrominated Swimming Pool Discharge” means swimming pool discharges with do not contain measurable quantities of chlorine or bromine and do not contain any detergents, wastes, or additional chemicals not typically found in swimming pool water. The term does not include swimming pool filter backwash.
"Discharge" means without qualification the release or a pollutant or pollutants to the MS4. "Disturbed area" means an area altered as a result of clearing, grading and/or excavation of earth. “Drinking Water Distribution System Discharges” means sources of flows from drinking water storage, supply, and distribution systems including flows from system failures, pressure releases, system maintenance, distribution line testing, fire hydrant flow testing; and flushing and dewatering of pipes, reservoirs, vaults, and minor non-invasive well maintenance activities not involving chemical addition(s). It does not include wastewater discharges from activities that occur at wellheads, such as well construction, well development (i.e., aquifer pumping tests, well purging, etc.), or major well maintenance.
“Emergency Situation” means any incident, whether natural, technological, or human-caused, that requires responsive action to protect life of property. "Gray water" means water that is discharged from sinks, showers, tubs, washing machines, dishwashers, and garbage disposals.
"Hazardous waste" means any material defined as hazardous by Chapter 6.95 of the California Health and Safety Code and any substance designated pursuant to 40 CFR 302. This includes unlisted hazardous substances that are solid wastes, as defined in 40 CFR 261.2, that are not

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excluded from regulation as hazardous wastes under 40 CFR 261.4(b) if they exhibit any of the characteristics identified in 40 CFR 261.20 through 261.24. "Illicit connection" means any man-made conveyance that is connected to the storm drain system without a permit, excluding roof drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.
"Illicit discharge" means any discharge into the MS4 that is prohibited under local, state, or federal statues, ordinances, codes, or regulations. The term illicit discharge includes any non-stormwater discharge, except those authorized non-stormwater discharges; conditionally exempt nonstormwater discharges; and non-stormwater discharges resulting from natural flows specifically identified in this Chapter.
“Industrial General Permit” means a General Permit for Storm Water Discharges Associated with Industrial Activities. General NPDES permit issued by the State Water Board, which authorizes the discharge of stormwater from certain industrial activities under certain conditions. “Industrial/Commercial Facility” means any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facilities includes, but is not limited to, any facility defined by either the Standard Industrial Classifications (SIC) or the North American Industry Classification System (NAICS). “LID” means Low Impact Development. LID consists of building and landscape features designed to retain or filter stormwater runoff.
“Municipal Separate Storm Sewer System (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutter, ditches, man-made channels, or storm drains) (40 CFR § 122.26(b)(8)) that is the following:

1. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;

2. Designed or used for collecting or conveying stormwater; and

3. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR § 122.2.
“New Development” means land-disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.
"Non-Stormwater Discharge” means the flow of any fluid that is not entirely composed of stormwater.

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"NPDES" means the National Pollutant Discharge Elimination System. “Planning Priority Projects” means development projects subject to Permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s).
“Regional Board” means the California Regional Water Quality Control Board, Los Angeles Region.
“Sidewalk Rinsing” means low-volume pressure washing of paved pedestrian walkways with average water usage of 0.006 gallons per square foot, with no cleaning agents, and proper disposal of all debris collected.
"Storm Drain System" means those facilities that convey stormwater runoff and suspended solids to the waters of the United States, including streets, alleys, roads, ditches, curbs, gutters, catch basins, conduits, streams, channels, creeks, and rivers. "Stormwater'' means water that originates from atmospheric moisture (rainfall, hail, snow, or snowmelt) and that falls onto land, water, or other surfaces. "Stormwater Pollution Prevention Plan" ("SWPPP") means a plan, as required by a state general permit for discharges of stormwater (e.g., Construction General Permit or Industrial General Permit), identifying potential pollutant sources and describing the design, placement, and implementation of BMPs, to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges from activities covered by the general permit. "Stormwater Runoff “means the part of precipitation (rainfall or snowmelt) that travels across a surface to the storm drain system or receiving waters.
"Urban Runoff” means surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial, or industrial activities involving the use of potable and non-potable water.

14.11.020 Responsibility for Administration.

This Chapter shall be administered by the office of the City Engineer. (Ord. 1064 4,1997)

14.11.030 General Provisions.

A. The purpose and intent of this chapter is to protect the health and safety of the residents of the City by protecting the beneficial uses, marine habitats, and ecosystems of receiving water from pollutants carried by stormwater and non-stormwater discharges. The intent of the chapter is to enhance and protect the water quality of receiving waters consistent with the Clean Water Act.

B. The provisions of this chapter shall apply to the discharge, deposit, addition, or disposal of any non-stormwater, stormwater and/or runoff to the storm drain system and/or receiving waters within the City.

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C. The City Engineer shall establish and enforce uniform standards, guidelines, and/or criteria for specific discharges, connections and/or BMPs.14.11.040 Prohibited Discharges and Activities.

14.11.040 Prohibited Discharges and Activities.

A. Except as otherwise conditionally authorized by the Permit or any other NPDES permit, waiver or waste discharge order issued by the U.S. EPA, the State Board, or a regional board, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, including the provisions of this chapter, and subject to any requirements specified by the Director, no person shall do the following:

1. Discharge non-stormwater to the City's storm drain system or to receiving waters except in compliance with the requirements of this Chapter;

2. Cause, allow, or facilitate any prohibited discharge; and

3. Discharge, cause, allow, or facilitate any discharge that may cause or threaten to cause a condition of pollution or nuisance as defined in Water Code section 13050, that may cause, threaten to cause or contribute to an exceedance of any water quality standard in any Statewide Water Quality Control Plan, California Toxics Rule, or Basin Plan, or that may cause or contribute to the violation of any receiving water limitation.

B. Pursuant to the Permit, discharges which may be conditionally authorized subject to best management practices and other restrictions or prohibitions, include but are not limited to the following types of discharges:

1. Authorized non-stormwater discharges separately regulated by an individual or general NPDES permit.

2. Authorized non-stormwater discharges separately regulated by a conditional waiver or WDRs for agricultural lands.

3. Temporary non-stormwater discharges authorized pursuant to sections 104(a) or 104(b) of the CERCLA that either: (i) will comply with water quality standards as applicable or relevant and appropriate requirements (“ARARs”) under section 121(d)(2) of CERCLA; or (ii) are subject to either (a) a written waiver of ARARs pursuant to section 121(d)(4) of CERCLA or (b) a written determination that compliance with ARARs is not practicable considering the exigencies of the situation pursuant to 40 CFR. Section 300.415(j).

4. Authorized non-stormwater discharges from emergency firefighting activities (i.e., discharges resulting from water use necessary for the protection of life or property from fire).

5. Natural flows to include the following:
a. Natural springs;
b. Flows from riparian habitats and wetlands;
c. Diverted stream flows, authorized by the State Water Board or Los Angeles Water Board;
d. Uncontaminated ground water infiltration; and
e. Rising ground waters, where ground water seepage is not otherwise covered by a NPDES permit.

6. Conditionally exempt non-stormwater discharges as follows:
a. Conditionally Exempt Essential Non-Stormwater Discharges to include the following:

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i. Discharges from essential non-emergency firefighting activities. ii. Discharges from drinking water systems that are not otherwise regulated by an NPDES permit.
b. Conditionally Exempt Non-Essential Non-Stormwater Discharges to include the following:
i. Dewatering of lakes.
ii. Landscape irrigation.
iii. Dechlorinated/debrominated swimming pool/spa discharges not otherwise regulated by a separate NPDES permit.
iv. Dewatering of decorative fountains.
v. Non-commercial car washing by residents or by non-profit organizations.
vi. Street/sidewalk wash water.
vii. Short-term releases of potable water with no additives or dyes for filming purposes.
viii. Potable wash water used to clean reservoir covers. c. Non-Stormwater Discharges to an ASBS are allowed as follows:
i. One of the conditionally exempt non-stormwater discharge categories in part 6.a. above.
ii. Essential for emergency response purposes, structural stability, and slope stability, which may include but are not limited to the following discharges:
a. Discharges associated with emergency firefighting
operations (i.e., discharges resulting from water use
necessary for the protection of life or property from fire). b. Foundation and footing drains;
c. Water from crawl space or basement pumps; and
d. Hillside dewatering.
iii. Naturally occurring discharges as follows:
a. Naturally occurring groundwater seepage via the MS4; b. Non-anthropogenic flows from a naturally occurring stream via a culvert or MS4, if there are no contributions of anthropogenic runoff.

C. The City Engineer may limit or prohibit any discharge which is conditionally authorized by the Permit if the discharge is a source of pollutants or causes or contributes to an exceedance of applicable receiving water limitations or water quality-based effluent limitations, including but not limited to imposing conditions on such discharge, requiring control measures and other actions to reduce pollutants, requiring diversion of the discharge to the sanitary sewer, or requiring pretreatment.

D. The City Engineer may require any person to obtain a permit from the City before discharging or causing, allowing, or facilitating any discharge to the storm drain system. It is unlawful to discharge, cause, allow, or facilitate any discharge to the storm drain system in violation of any permit so required.

E. Littering and other discharge of polluting or damaging substances are prohibited.

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1. No person shall cause any refuse, rubbish, food waste, garbage, or any other discarded or abandoned objects to be littered, thrown, deposited, left, accumulated, maintained or kept in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, drainage structure, place of business, or upon any public or private property so that the same may or does become a pollutant which may or does enter the storm drain system or receiving waters, except when such materials are placed in containers, bags, recycling bins, or other lawfully established waste disposal facilities protected from stormwater or runoff.

2. No person shall cause the disposal of hazardous materials or hazardous wastes into trash containers used for municipal trash disposal.

3. No person shall cause to be discharged to the storm drain system or to receiving waters any pesticide, fungicide, or herbicide prohibited by the U.S. EPA or the California Department of Pesticide Regulation.

4. No person shall cause the accumulation of pollutants, leaves, dirt, or other landscape debris into a street, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain, or any fabricated or natural conveyance so that the same may or does become a pollutant which may or does enter the storm drain system or receiving waters.

5. No person shall cause the disposal of sanitary or septic waste or sewage into the storm drain system from any property or residence or any type of recreational vehicle, camper, bus, boat, holding tank, portable toilet, vacuum truck, or other mobile source of waste holding tank, container, or device.

6. No person shall discharge or cause to be discharged anything that would result in or contribute to a violation of the City's NPDES permit and any amendment, revision or re-issuance, thereof, either separately or when combined with other discharges.

F. No person shall conduct any industrial activity in the City without obtaining all the permits required by state or federal law, including a NPDES General Industrial Activity Storm Water Permit, when required.

14.11.050 Prohibited Connections to the MS4.

A. The installation or use of illicit connections prohibited. No person shall install, maintain, or use any connection to the storm drain system or act, cause, permit or suffer any non-stormwater to be discharged or conveyed through a connection to the storm drain system unless the connection has been permitted by the City Engineer This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization, or whether permissible under the laws or practices applicable or prevailing at the time of the connection.

B. Removal of illicit connection from the storm drain system. If any person fails to remove an illicit connection upon notification by the City Engineer, or upon revocation of a connection permit, the City Engineer may direct the removal of such connection from the storm drain system. Additionally, the City Engineer may pursue the recovery of costs for such removal pursuant to 14.11.130.
(Ord. 1112 § 1, 2000; Ord. 1064 § 4, 1997)

14.11.060 Requirements for Existing Properties.

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Any owner or occupant of property within the City shall comply with the following best management practices:

A. Any person engaged in activities which will or may result in pollutants entering the City storm drain system shall undertake all control measures and BMPs as the City Engineer may require to reduce such pollutants. Premises with a high potential threat of discharge may be required to implement a monitoring program meeting standards established by the City. Where best management practices guidelines or requirements have been adopted by any Federal, State, regional, and/or city agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharges of non-stormwater to the storm drain system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the City Engineer.

B. Installation of structural BMPs. No person shall install a structural BMP for the purpose of treating, neutralizing, disposing of monitoring or diverting to the sanitary sewer system any runoff without the approval of the City Engineer and of the Los Angeles County Sanitation District or any successor thereto. Such facilities may be subject to plan review, application, and issuance of operating permits.

C. BMPs to be consistent with environmental goals. No person shall install or implement a BMP that transfers pollutants to air, groundwater, surface soils, and/or other media in a manner inconsistent with applicable environmental laws and regulations.

D. The City Engineer may require any person responsible for any industrial or commercial facility of new or redevelopment project to submit documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, stormwater pollution prevention plans, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this Chapter or any NPDES permit. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

E. The City Engineer may require any person responsible for any industrial or commercial facility or new development or redevelopment project to enter into an agreement for the operation and maintenance of any structural control measures and to record such agreement with the County Recorder’s office.

F. The following BMPs are required of every owner or occupant of any property:

1. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical, fuel, animal waste, garbage, batteries, and/or septic waste in an area where actual or potential discharge to the City streets or the storm drain system may occur. Any spills, discharge, or residues shall be removed as soon as possible and disposed of properly.

2. Runoff from landscape irrigation, air conditioning condensate, water-line flushing, foundation/footing drains, individual residential car washing, dechlorinated/debrominated swimming pool/spa discharges, and sidewalk washing shall be conducted in a manner which minimizes or eliminates the possibility of pollutant discharges reaching the City storm drain system or receiving waters.

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3. Runoff from washing paved areas, including but not limited to parking lots, on industrial or commercial property is prohibited unless specifically required by federal, state, or local health or safety codes and not in violation of any other provision of this code. Runoff from authorized washing of paved areas shall be minimized to the extent practicable.

4. Objects, such as motor vehicle parts containing grease, oil, or other hazardous materials, and unsealed receptacles containing hazardous materials, shall not be stored in area exposed to stormwater or otherwise susceptible to runoff.

5. Any machinery or equipment which is to be repaired or maintained in areas exposed to stormwater or otherwise susceptible to runoff shall be provided with containment areas to control leaks, spills, or discharges.

6. All motor vehicle parking lots with more than 25 parking spaces and located in areas exposed to stormwater or otherwise susceptible to runoff shall have debris removed by regular sweeping or other equally effective measures. Such debris shall be collected and properly disposed of.

7. Motor vehicle parking lots with a gravel/sediment base to implement BMPs to prevent the discharge of gravel and sediment to the MS4. (Ord. 1064 § 4, 1997) G. The discharge of gray water to street or storm drains is prohibited.

14.11.070 Industrial and Commercial Facilities
A. The following discharges from industrial or commercial activities are prohibited unless the discharge is in compliance with the provisions of this chapter:

1. Discharge of wash waters to the storm drain system from the cleaning of gas stations, auto repair garages, or other types of auto repair facilities;

2. Discharge of wastewater to the storm drain system from mobile auto washing, steam cleaning, mobile carpet cleaning, or other such mobile commercial and industrial operations;

3. Discharge to the storm drain system from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluids, or coolants is undertaken;

4. Discharge to the storm drain system from storage areas for materials containing grease, oil, or hazardous materials, or from uncovered receptacles containing hazardous materials, grease, or oil;

5. Discharge of commercial/public swimming pool filter backwash to the storm drain system;

6. Discharge from the washing of toxic materials from paved or unpaved areas to the storm drain system;

7. Discharge from the washing out of concrete trucks to the storm drain system; and

8. Discharge from the washing or rinsing of restaurant mats, equipment, or garbage bins or cans in such a manner that causes non-stormwater to enter the storm drain system.

B. Industrial/commercial facility sources required to obtain a NPDES permit. Any industrial or commercial facility required to have a NPDES permit shall retain on-site and, upon request, make immediately available to the director the following documents as evidence of compliance with permit requirements, as applicable:

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1. A copy of a NPDES permit or notice of intent to comply with a general permit to discharge stormwater associated with industrial or construction activity as submitted to the State Board or report of waste discharge as submitted to a Regional Board of jurisdiction;

2. A waste discharge identification number issues by the State Board or copy of the NPDES permit issued by a Regional Board;

3. A SWPPP and a monitoring program plan or group monitoring plan;

4. Stormwater quality data;

5. Evidence of facility self-inspection; or

6. Evidence that facilities has filed a Notice of Non-Applicability (NONA) or any applicable waiver issued by the Los Angeles Water Board or State Water Board pertaining to stormwater discharges.

C. Best management practices for industrial and commercial facilities. All industrial and commercial facilities shall implement BMPs which will effectively prevent the direct or indirect discharge of pollutants to the storm drain system or receiving waters to the maximum extent practicable. Minimum BMPs applicable to all industrial and commercial facilities include, but are not limited to the following:

1. Termination of all non-stormwater discharge to the storm drain system that is not specifically authorized by a NPDES permit;

2. Exercising general good housekeeping practices;

3. Incorporating regular scheduled preventative maintenance into operations;

4. Maintaining spill prevention and control procedures;

5. Implementing soil erosion control;

6. Posting on-site private storm drains to indicate that they are not to receive liquid, solid wastes, or pollutants;

7. Implementing regular cleaning of the on-site private storm drain system;

8. Ensuring that stormwater runoff is directed away from operating, processing, fueling, cleaning and storage areas;

9. Remove trash, debris, and free-standing oil/grease, spill/leaks from sidewalks and hard surfaces; and

10. Sidewalk washing should be performed using high pressure, low-volume spray washing using only potable water with no cleaning agents at an average usage of

0.006 gallons per square feet of sidewalk area.

14.11.080 Low Impact Development Standards for New Development and Redevelopment.

14.11.050 Low Impact Development Standards for New Development and Redevelopment.

A. All Priority Development project, i.e., new development/redevelopment projects shall comply with the provisions of the City’s Low Impact Development Ordinance, Chapter

14.13. B. Failure to comply with an approved urban stormwater mitigation plan after receiving any required planning approval shall be a misdemeanor. (Ord. 1064 § 4, 1997)

14.11.090 Requirements for Construction Projects.

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A. No person shall commence any construction activity for which a permit is required by this Chapter or any law or regulation without implementing stormwater and runoff pollution mitigation measures required by such permit(s), law, regulation or this Chapter. In addition, prior to obtaining a grading or building permit, each operator of any construction activity shall submit evident to the City Engineer that all applicable permits have been obtained, including but not limited to the General Construction Activities Storm Water Permit and State Water Board 401 Water Quality Certification.

B. No grading permit shall be issued for developments with disturbed areas of one (1) acre or greater or which is part of a larger common plan of development unless the applicant can show that:

1. A notice of intent (NOI) to comply with the state construction activity stormwater permit has been filed;

2. A stormwater pollution prevention plan (SWPPP) has been prepared; and

3. A post-construction plan meeting the low-impact development standards in Chapter

14.13 has been submitted.

C. Prior to obtaining a grading or building permit, each operator of a construction site less than one (1) acre shall prepare and submit to the City Engineer, a plan to: control erosion and sediment; prevent erosion, sediment loss, and the discharge of construction wastes.

D. The following minimum set of BMPs shall apply to all construction sites (regardless of size):

1. Site Management – housekeeping.

2. Erosion Controls – scheduling and preservation of existing vegetation.

3. Sediment Controls – perimeter controls and stabilized construction site entrance and exit.

4. Non-Stormwater Management – Water conservation practices and dewatering operations.

5. Waste Management – Material delivery and storage; stockpile management; solid waste management; concrete waste management; and sanitary/septic waste management.

E. The following minimum BMPs are required for both private or public roadway paving or repair operations:

1. Restrict paving and repaving activities to exclude periods of rainfall or predicted rainfall unless required by emergency conditions.

2. Install gravel bags and filter fabric or other equivalent inlet protection at all susceptible storm drain inlets and at manholes to prevent spills of paving products and tack coat.

3. Prevent the discharge of release of agents including soybean oil, other oils, or diesel to the asphalt.

4. Minimize non-stormwater runoff from water use for roller equipment and for evaporative cooling of the asphalt.

5. Clean equipment over absorbent pads, drip pans, plastic sheeting or other materials to capture all spillage and dispose properly.

6. Collect liquid waste in a container, with a secure lid, for transport to a maintenance facility to be reused, recycled or disposed of properly.

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7. Collect solid waste by vacuuming or sweeping and securing in an appropriate container for transport to a maintenance facility to be reused, recycled or disposed of properly.

8. Cover “cold-mix” asphalt with protective sheeting during a rainstorm.

9. Cover loads with tarp before haul-off to a storage site, and do not overload trucks.

10. Minimize airborne dust by using water spray or other approved dust suppressant during grinding.

11. Avoid stockpiling soil, sand, sediment, asphalt material, and asphalt grindings materials or rubble in or near stormwater drainage systems or receiving waters.

12. Protect stockpiles with a cover or sediment barriers during rain.

F. Project plans must include a narrative discussion of the reasons used for selecting or rejecting BMPs. In lieu of a narrative, the project architect or engineer of record may sign a statement on the plan to the following effect:
"As the architect/engineer of record, I have selected appropriate BMPs to effectively minimize the negative impacts of this project's construction activities on stormwater quality. The project owner and contractor are aware that the selected BMPs must be installed, monitored, and maintained to ensure their effectiveness. The BMPs not selected for implementation are redundant or deemed not applicable to the proposed construction activities." G. The requirements set forth in this Chapter shall apply at the time of demolition of an existing structure or commencement of construction and until the project receives final occupancy/clearance from the City.

14.11.100 Municipal Facility Activities.

A. Any municipal activity/facility required to have a NPDES permit shall prepare the following documents as evidence of compliance with permit requirements, as applicable:

1. A copy of an NPDES permit or NOI to comply with a general permit to discharge stormwater associated with industrial or construction activities as submitted to the State Water Resources Control Board or report of waste discharge submitted to the Los Angeles Regional Board;

2. A waste discharge identification number issued by the State Water Resources Control Board or copy of the NPDES permit issued by the Los Angeles Regional Board;

3. A SWPPP and a monitoring program plan or group monitoring plan;

4. Stormwater quality data;

5. Evidence of facility self-inspection; or

6. Evidence that the facility has filed a Notice of Non-Applicability (NONA) or applicable wavier issued by the Los Angeles Regional Board or State Water Resources Control Board pertaining to stormwater discharges.

B. Additionally, the City will implement stormwater BMPs that will address the following public agency areas:

1. Sewage systems operations;

2. Public construction activities management;

3. Vehicle maintenance/material storage facilities management;

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4. Landscape and recreational facilities management;

5. Storm drain operation and management;

6. Streets and roads maintenance;

7. Parking facilities management;

8. Public industrial activities;

9. Emergency procedures.

14.11.110 Public Information and Participation Program.

The City will continue to collaboratively with the East San Gabriel Valley Watershed Group and with County-wide and Region-wide partners to do the following:

1. Increase caused understanding about the importance of stormwater management to public health/community health, environmental quality and local water resiliency, and;

2. Increase support for stormwater management program and stormwater projects among the City’s residents and businesses.

14.11.120 Inspection and Fees.

A. Routine or Area Inspections. Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, inspections shall be based upon such reasonable selection process as may be deemed necessary to carry out the objectives of this Chapter, including but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, discharges of non-stormwater to the City 's storm drain system, discharges which are not pursuant to a NPDES permit, or similar factors.

B. Inspection for Reasonable Cause. Whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the officer may, upon consent or upon obtaining an inspection warrant, enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this Chapter. The following actions may be carried out during such inspection:

1. Inspect, sample, make flow measurements of any runoff, discharge, or threatened discharge;

2. Place on the premises devices for runoff or discharge sampling, monitoring, flow measurement, or metering;

3. Inspect, copy, or examine any records, reports, plans, test results, or other information required to carry out the provisions of this Chapter, to the extent allowed by law; and

4. Photograph any materials, storage area, waste, waste containers, BMP(s), vehicle(s), connection, discharge, runoff, and/or violation discovered during an inspection.

C. Interference with an inspector is prohibited. No person shall, during reasonable hours, refuse, restrict, resist, or attempt to resist the entrance of the City’s inspector into any building, factory, plant, yard, construction site or portions thereof in the performance of his/her duty within the powers conferred upon them by law.

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D. A fee that shall reimburse the City for the costs of inspections of facilities undertaken pursuant to this Chapter or any federal, state, regional and/or local regulatory agency order or permit pertaining to stormwater pollution or discharges shall be collected concurrently at the time of payment of the business license fee. The amount of the fee shall be established by City Council resolution and is intended to reimburse the City for the costs of inspections, and shall be imposed on those facilities where inspections occur. (Ord. 1139 § 1, 2003; Ord. 1064 § 4, 1997)

14.11.130 Enforcement and Penalties.

A. Except as otherwise provided in this Chapter, for the first failure to comply with any provision of this Chapter, the Director of Public Works, or his or her designee, may issue to the affected party a written notice that includes the following information

1. A statement specifying the violation committed and order to comply;

2. A specified time period within which the affected person shall correct the failure or file a written notice disputing the notice of violation;

3. A statement of the penalty for continued noncompliance.

B. Each subsequent failure to comply with any provision of this Chapter following written notice issued pursuant to subsection A of this section shall constitute a misdemeanor or an infraction punishable as provided in Chapter 1.12 of the San Dimas Municipal Code.

Each day during which a person fails to comply with the provisions of this Chapter following written notice shall constitute a separate offense.

C. A violation of any provision of this Chapter is declared to be a public nuisance and the City is authorized to abate such violation by means of a civil action. Additionally, the Director may summarily abate such nuisance upon determination that the nuisance constitutes an immediate threat to public health or safety.

D. The penalties and remedies established by this section shall be cumulative and shall include costs incurred by the City for such abatement, including reasonable attorney’s fees and other costs of enforcement. (Ord. 1064 § 4, 1997)

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14.11.140 Disclaimer of Liability.

The degree of protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this Chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This Chapter shall not create liability on the part of the City, any officer or employee thereof, for any damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. (Ord. 1064 § 4, 1997)

14.11.150 Taking.

The provisions of this Chapter shall not operate to deprive any property owner of any constitutionally protected right. If a property owner claims that application of this Chapter to a specific project would deprive the property owner of a constitutionally protected right, then such property owner shall make application to the City, and the City may allow additional land uses, but only to the extent necessary to avoid depriving the property owner of a proven constitutionally protected right. In any such application the burden shall be on the property owner to demonstrate that strict application of this Chapter would cause the deprivation of a constitutionally protected right. Such additional land uses shall be consistent with and carry out the purposes of this Chapter as set forth herein, and shall not be inconsistent with any other federal, state, or local laws, including but not limited to the City’s General Plan. (Ord. 1064 § 4, 1997)

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SECTION II. Chapter 14.13 of the San Dimas Municipal Code is hereby amended to read, in its entirety, as follows:

San Dimas, California Municipal Code Title 14 WATER AND SEWERS Chapter 14.13 LOW IMPACT DEVELOPMENT

14.13.010 Title.

14.13.020 Purpose.

14.13.030 Findings.

14.13.040 Definitions.

14.13.050 New development and redevelopment project provisions applicability.

14.13.060 Project performance criteria.

14.13.070 Alternative compliance for technical infeasibility.

14.13.080 Hydromodification Management Requirements

14.13.090 Plan review procedures.

14.13.100 Plan review fees.

14.13.110 Maintenance agreement.

14.13.120 Enforcement.

14.13.130 Stop work order.

14.13.140 Failure to comply-Completion

14.13.150 Emergency measures.

14.13.160 Cost recovery for damage to storm drain system.

This chapter shall be known as the "City of San Dimas Low Impact Development (LID) Ordinance" and may be so cited. (Ord. 1231 § 1, 2014)

14.13.020 Purpose.

It is the purpose of this chapter to establish minimum stormwater management requirements and controls to accomplish, among others, the following objectives:

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A. Lessen the water quality impacts of development by using smart growth practices and integrate Low Impact Development (LID) design principles to mimic predevelopment hydrology through infiltration, evapotranspiration, and rainfall harvest and use.

B. Minimize the adverse impacts from stormwater runoff on the biological integrity of natural drainage systems and the beneficial uses of waterbodies.

C. Minimize the percentage of impervious surfaces on land developments by minimizing soil compaction during construction, designing projects to minimize the impervious area footprint, and employing Low Impact Development (LID) design principles.

D. Maintain existing riparian buffers and enhance riparian buffers when possible.

E. Minimize pollutant loadings from impervious surfaces such as roof tops, parking lots, and roadways through the use of properly designed, technically appropriate Best Management Practices (BMPs), including source control BMPs Standard Urban Stormwater Mitigation Plan [SUSMP] design standards, and treatment control BMPs).

F. Properly select, design, and maintain LID and hydromodification control BMPs to address pollutants that are likely to be generated, reduce changes to pre-development hydrology, assure long-term function, and avoid the breeding of vectors.

G. Prioritize the selection of BMPs to remove stormwater pollutants, reduce stormwater runoff volume, and beneficially use stormwater to support an integrated approach to protecting water quality and managing water resources in the following order of preference:

1. On-site infiltration, bioretention and/or rainfall harvest and use.

2. On-site biofiltration, off-site ground water replenishment, and/or off-site retrofit.

14.13.030 Findings.

The City of San Dimas (hereinafter referred to as “City”) finds the following:

A. Waterbodies, roadways, structures, and other property within and downstream of the City are at times subject to flooding.

B. Land development alters the hydrologic response of watersheds, resulting in increased stormwater runoff rates and volumes, increased flooding, increased stream channel erosion, increased sediment transport and deposition, and increased nonpoint source pollutant loading to the receiving waterbodies and the beaches.

C. Stormwater runoff produced by land development contributes to increased quantities of water-borne pollutants.

1. Increases of stormwater runoff, soil erosion, and non-point source pollution have occurred as a result of land development and have impacted the water resources of the San Gabriel River Watershed.

2. Increased stormwater runoff rates and volumes and the sediments and pollutants associated with stormwater runoff from future development projects within the City

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will, absent proper regulation and control, adversely affect the City's waterbodies and water resources, and those of downstream municipalities.

3. Stormwater runoff, soil erosion, and non-point source pollution can be controlled and minimized by the regulation of stormwater runoff from development.

4. Adopting the standards, criteria, and procedures contained in this chapter and implementing the same will address many of the deleterious effects of stormwater runoff. (Ord. 1231 § 1, 2014)

14.13.040 Definitions.

For purposes of this chapter, any term used in this chapter shall be defined as the term in the Los Angeles Regional Phase I Municipal Storm Water Permit, Order No. R4-2021-0105 (Permit), and any amendments revisions or reissuance thereof. Terms not specifically defined in this chapter shall have the meaning customarily assigned to them. The following words and phrases shall have the following meanings when used in this chapter:
“85th Percentile, 24-Hour Storm Event” is a statistical design storm defined through a hydrologic analysis of long-term rainfall records for a particular geographic area. At the most basic level, the design storm represents the 85th percentile, 24-hour rainfall depth (typically measured in inches of rain) among all 24-hour rainfall depths evaluated in the historical record. Analyses that define this storm event often express the 85th percentile, 24-hour storm event as an “isohyetal” or “isopluvial” map with contour lines connecting areas with the same 85th percentile 24-hour rainfall depth. In some situations (e.g., in storm hydrographs), the temporal distribution of rainfall during the 85th percentile, 24-hour storm event may be assumed. “Act or Clean Water Act (CWA)” means the Federal Water Pollution Control Act, also known as the Clean Water Act as amended 33 U.S.C. 1251, et seq.
“Applicant” means any person proposing or implementing the development of land. “Areas of Special Biological Significance (ASBS)” as defined in the Water Quality Control Plan for Ocean Waters of California (California Ocean Plan), ASBS are all those areas designated by the State Water Board as ocean areas requiring protection of species or biological communities to the extent that maintenance of natural water quality is assured. All Areas of Special Biological Significance are also classifies as a subset of State Water Quality Protections Areas. ASBS are also referred to as State Water Quality Protection Areas – Areas of Special Biological Significance (SWQPA-ASBS).
“Automotive Service Facility” means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NACIS) codes (5013, 5014, 5511, 5541, 7532 -7534and 7536-7539). “Best Management Practice (BMP)” means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters.
“Biofiltration” means a LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term “biofiltration” as used in achieving the required pollutant load

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reduction. Therefore, the term “biofiltration” as used is defined to include only systems designed to facilitate incidental or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain. Biofiltration BMPs include bioretention systems with an underdrain and bioswales. “Bioretention” means a LIP BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum 2-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in the Permit, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain.

When a bioretention BMP is designed or constructed with an underdrain, it is regulated by the Permit as biofiltration.
“City” means the City of San Dimas.
“Clean Water Act (CWA)” means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to Waters of the United States unless the discharge is in accordance with an NPDES permit.
“Commercial Malls” means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store-to-store, along with parking area(s). A commercial mall includes but is not limited to mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers.
“Construction Activity” means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect the public health and safety of routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility.
“Design Engineer” means the registered professional engineer responsible for the design of the stormwater management plan.
“Development” means construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit, or planned unit development); industrial, commercial, retail, and other non-residential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. “Directly Adjacent” means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. “Effective Impervious Area (EIA)” is the portion of the surface area that is hydrologically connected to a drainage system via a hardened conveyance or impervious surface without any intervening pervious area to mitigate the runoff volume.

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“Emergency Situation” means any incident, whether natural, technological, or human-caused, that requires responsive action to protect life or property (as defined by the Federal Emergency Management Agency). The responsive action should implement measures, to the fullest extent possible, to reduce the threat to water quality.
“Flow-through BMPs” means modular, vault type “high flow biotreatment” devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain. “General Construction Activities Storm Water Permit (GCASP)” means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions.
“Green Roof “means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain.
“Hydrologic Unit Code (HUC)” is standardized watershed classification system in which each hydrologic unit is identified by a unique hydrologic unit code (HUC). The HUC may consist of an eight (8) to twelve (12) digit number. The 8-digit HUC identifies an area based on four levels of classification: region, sub-region, hydrologic basin, and hydrologic sub-basin. The Watershed Boundary Dataset includes the 12-digit HUC delineation, which further divides each hydrologic unit into watersheds and sub-watersheds based on scientific information and not administrative boundaries.
“Hydromodification” means the alteration away from a natural state of stream flows or the beds or banks of rivers, streams, or creeks, including ephemeral washes, which results in hydrogeomorphic changes.
“Impervious Surface” means any man-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development.

Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth. “Industrial Park” means land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry.
“Infiltration BMP” means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended on-site soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement.
“LID” means Low Impact Development. LID consists of building and landscape features designed to retain or filter stormwater runoff.

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“Maintenance Agreement” means a binding agreement that sets forth the terms, measures, and conditions for the maintenance of post-construction BMP requirements, with exception of simple LID BMP’s implemented on single family residences.
“Natural Drainage System” means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as modified as defined in Hydromodification. “New Development” means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.
“Parking Lot” means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of 5,000 square feet or more of surface area.
“Plan” means written narratives, specifications, drawings, sketches, written standards, operating procedures, or any combination of these which contain information pursuant to this Chapter. “Planning Priority Projects” means development projects subject to Permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s).
“Rainfall Harvest and Use” means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department. “Receiving Water” means “water of the United States” into which waste and/or pollutants are or may be discharged.
“Redevelopment” includes but is not limited to the following: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. “Restaurant Establishments” means businesses primarily engaged in the retail sale of prepared food and drinks for on-premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry (SIC Code 5812). “Retail Gasoline Outlet” means any facility engaged in selling gasoline and lubricating oils – SIC 5541 and NAICS 447110 and 447190.
“Retention” means a holding system for stormwater, either natural or man-made, which does not have an outlet to adjoining watercourses or wetlands and in which water is removed through infiltration and/or evaporation processes.

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“Routine Maintenance Projects” include, but are not limited to projects conducted to the following:

1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

2. Perform as needed the restoration work to preserve the original design grade, integrity, and hydraulic capacity of flood control facilities.

3. Includes road shoulder work, re-grading dirt or gravel roadways and shoulders and performing ditch cleanouts.

4. Upgrade existing lines* and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.

5. Repair leaks.

6. Routine maintenance does not include construction of new** lines or facilities resulting from compliance with applicable codes, standards, and regulations.

Note: * Update existing lines includes replacing existing lines with new materials or pipes. ** New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines.
“Runoff” means any runoff including stormwater and non-stormwater from a drainage area that reaches a receiving water body.
“Significant Ecological Area (SEA)” means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity for the purpose of protecting biotic diversity as part of the Los Angeles County General Plan.

Single-family hillside home means, one acre or greater property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25% or greater and where grading, contemplates cut or fill slopes. “Site” means land or water area where any “facility or activity” is physically located or conducted, including adjacent land used in connection with the facility or activity. “Source Control BMP” means any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices, or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution. “Storm Drain System” means any facilities or any part of those facilities, including streets, gutters, conduits, natural or artificial drains, channels, and watercourses that are used for the purpose of collecting, storing, transporting, or disposing of stormwater and are located within the City of San Dimas.
“Storm Water or Stormwater” means water that originates from atmospheric moisture (rain or snow) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one word or two separate words. “Stormwater Quality Design Volume (SWQDv)” means the runoff from a. The 0.75-inch, 24-hour rain event; or
b. The 85th percentile, 24-hour rain event as determined from the Los Angeles County 85th percentile precipitation isohytal map, whichever is greater.

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“Stormwater Runoff” means that part of precipitation (rainfall or snowmelt) which travels across a surface to the storm drain system or receiving waters.
“SUSMP” means the Los Angeles Countywide Standard Urban Stormwater Mitigation Plan. The SUSMP was required as part of the previous Municipal NPDES Permit (Order No. 01-182, NPDES No. CAS004001) and required plans that designate best management practices (BMPs) that must be used in specified categories of development projects. “Treatment Control BMP” means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption or any other physical, biological, or chemical process. (Ord. 1231 § 1, 2014)

14.13.050 Development and Redevelopment Project Provisions Applicability These procedures and standards set forth in this chapter apply to Priority Development Projects that fall under the City’s planning and building authority for which specific requirements, including the implementation of structural BMPs meeting the performance requirements of the Los Angeles Regional Phase I Municipal Storm Water Permit Order No, 2021-0105 (Order) and all amendment, revisions, or reissuance thereof. The standards set forth in Order minimum standards to be complied with by developers and in no way limit the authority of the City of San Dimas to adopt or publish and/or enforce higher standards as a condition of approval of developments.

A. Priority Development Projects include the following:

1. New Development Projects within any of the following categories or meeting the following criteria:
a. All development projects equal to one acre or greater of disturbed area and adding more than ten thousand (10,000) square feet of impervious surface area (collectively over the entire project site).
b. Industrial parks ten thousand (10,000) square feet or more of surface area. c. Commercial malls ten thousand (10,000) square feet or more of surface area.

2. Redevelopment projects that create and/or replace five thousand (5,000) square feet or more of impervious surface (collectively over the entire project site) on any of the following:
a. Existing site of ten thousand (10,000) square feet or more impervious surface area;
b. Industrial parks ten thousand (10,000) square feet or more impervious surface area; or
c. Commercial malls ten thousand (10,000) square feet or more impervious surface area.

3. New development and redevelopment projects that create and/or replace five thousand (5,000) square feet or more impervious surface (collectively) over the entire project site) and support one or more of the following uses:
a. Restaurants

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b. Parking lots
c. Automotive service facilities (standard industrial classifications [SIC] 5013, 5014, 5511, 7532-7534, and 7536-7539)
d. Retail gasoline outlets

4. New development and redevelopment projects that create and/or replace twentyfive (2,500_ square feet or more of impervious area that are likely to impact a sensitive biological species or habitat; and are located or directly adjacent to an Area of Special Biological Significance or Sensitive Ecological Area (SEA) such as San Dimas Canyon/San Antonio Wash.

5. Street and road construction of ten thousand (10,000) square feet or more of impervious surface area shall follow the City of San Dimas Green Streets Policy to the maximum extent practicable. Street and road construction applies to streets, roads, highways, and freeway projects, and streets within larger projects.

6. Redevelopment projects meeting the redevelopment thresholds that result in the alteration to more than fifty percent (50%) of impervious surfaces of a previously existing development, shall address the entire project.

7. Redevelopment projects meeting the redevelopment thresholds that result in the alteration to less than fifty percent (50%) of impervious surfaces of a previously existing development, only the alteration must be mitigated, not the entire project site.

8. Single-Family Hillside Homes. During the construction of a single-family hillside home, the following measures shall be considered to the maximum extent practicable:
a. Conserve natural areas.
b. Protect slopes and channels.
c. Provide storm drain system stenciling and signage.
d. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability.
e. Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability.

B. Redevelopment Projects. Redevelopment projects subject to conditioning and approval requirements outlined in this chapter for the design and implementation of postconstruction controls to mitigate stormwater pollution prior to completion of the project(s) include the following:

1. Redevelopment projects that result in an alteration to more than fifty percent (50%) of impervious surfaces of an existing development which had not been not subject to post-construction stormwater quality control requirements at the time of the previous development shall be required to mitigate the entire project site.

2. Redevelopment projects that result in an alteration to more than fifty percent (50%) of impervious surfaces of an existing development which had not been not subject to post-construction stormwater quality control requirements at the time of the previous development shall be required to mitigate the entire project site.

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3. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety.

Impervious surface replacement, such as the reconstruction of parking lots and roadways, which does not disturb additional area and maintains the original grade and alignment, is not considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade.

4. Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace ten thousand square feet of impervious area. (Ord. 1231 §, 2014)

14.13.060 Project Performance Criteria.

All development projects that fit the project criteria listed in Section 14.13.050 of this chapter shall control pollutants, pollutant loads, and runoff volume by retaining the stormwater quality design (SWQDv) on-site through the following:

1. On-site infiltration, bioretention and/or rainfall harvest and use;

2. If subpart A above is infeasible, on-site biofiltration, offsite groundwater replenishment and/or off-site retrofit; or

3. If subpart B above is infeasible, on-site treatment is required, where all the above options are infeasible. Ord.1231 § 1, 2014)

14.13.070 Alternative Compliance for Technical Infeasibility.

To demonstrate technical infeasibility, the project applicant shall demonstrate to the City Engineer that the project cannot reliably retain one hundred percent of the SWQDv on-site, even with the maximum application of green roofs and rainwater harvest and use, and that compliance with the application post-construction requirements would be technically infeasible. This shall be demonstrated by submitting a site-specific hydrologic and/or design analysis conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect and shall be subject to review and approval by the City Engineer.

When evaluating the potential on-site retention, each applicant shall consider the maximum potential for evapotranspiration from green roofs and rainfall harvest and use.

If partial or complete on-site retention is technically infeasible, the project applicant shall consider the following alternative compliance measures.

A. On-Site Biofiltration. Biofiltration systems shall meet the design specifications provided in the Los Angeles County LID Manual (2014 and its revisions), or reissuance thereof equivalent LID manual. If using biofiltration due to demonstrated technical infeasibility, project must biofiltrate 1.5 times the portion of the SWQDv that is not reliably retained onsite, as calculated by Equation 1 below:

Equation 1:

Bv = 1.5 x [SWQDv - Rv]

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Where:

Bv = biofiltration volume.

SWQDv = the stormwater runoff from a 0.75 inch, twenty-four-hour storm or the eightyfifth percentile storm, whichever is greater.

Rv = volume reliably retained on-site.

Biofiltration systems discharging to a receiving water that is included on the Clean Water Act section 303(d) list of water quality impairments due to nitrogen compounds, shall be designed and maintained to achieve enhanced nitrogen removal capacity.

B. Off-Site Infiltration. An applicant may use infiltration or bioretention BMPs to intercept a volume of stormwater runoff equal to the SWQDv, less the volume of stormwater runoff reliably retained on-site, at an approved off-site project located within the same subwatershed (HUC-12) as the Priority Development Project, and shall provide pollutant reduction (i.e., treatment) of stormwater runoff from the project site. The required off-site mitigation volume shall be calculated by Equation 2 below:

Equation 2:

Mv = 1.0 x [SWQDv - Rv]
Where:

Mv = mitigation volume.

SWQDv = runoff from the 0.75-inch, twenty-four-hour storm event or the eighty-fifth percentile storm, whichever is greater.

Rv = the volume of stormwater runoff reliably retained on-site.

C. Onsite Flow-based BMPs. If onsite biofiltration and off-site alternative compliance measures are not technically feasible, the applicant may request authorization by the City Engineer to allow the use of onsite flow-based BMPs. The applicant shall document why none of the other alternative compliance measures are feasible. Approval will only be granted to areas where other alternative compliance measures are not feasible due to significant technical issues. If approved the Flow-based treatment control BMPs must be sized and designed to do the following:

A. Filter or treat either:

1. The maximum flow rate of runoff produced from a rainfall intensity if 0.2 inch of rainfall per hour, for each hour of a storm event; or

2. The maximum flow rate of runoff produced by the 85th percentile hourly rainfall intensity (for each hour of a storm event), as determined from the local historical rainfall record, multiplied by a factor of two.

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B. Be certified for Enhanced Treatment under the Washington State Department of Ecology’s TAPE Program; or an appropriate future BMP certification developed by the State of California.

D. Off-Site Project-Retrofit Existing Development. Use infiltration, bioretention, rainfall harvest and use and/or biofiltration BMPs to retrofit an existing development, with similar land uses as the new development or land uses associated with comparable or higher stormwater runoff event mean concentrations (EMCs) than the new development. The retrofit plan shall be designed and constructed as described in the Los Angeles County Municipal Regional Storm Water Permit Order No. R4-2021-0105, and any amendments, revisions, or reissuance thereof.

E. Groundwater Replenishment. Regional projects to replenish regional groundwater supplies at an off-site location, provided the groundwater supply has a designed beneficial use, in accordance with – compliance performance standards detailed in the Los Angeles Regional Storm Water Permit Order No. R4 2021- 0105, and any amendments, revisions, or reissuance thereof.

Projects approved for off-site mitigation or ground water replenishment shall also provide treatment of stormwater runoff from the project site. Project applicant shall design and implement post-construction stormwater BMPs and control measures to reduce pollutant loading as necessary to ensure that the controls implemented on the site are designed so that stormwater discharges do not cause or contribute to exceedances of receiving water standards. (Ord. 1231 § 1, 2014)

14.13.080 Hydromodification Management Requirements.

Planning Priority Projects located within natural drainage systems shall implement hydrological control measures to prevent accelerated downstream erosion and protect stream habitat.

A. Natural drainage systems that are subject to the hydromodification assessments and control include all drainages that have not been modified using engineering controls or drainages that are tributary to a natural drainage system. Examples of engineering modifications to drainage include channelization, armoring with concrete, and application of rip-rap.

B. At the City’s discretion the following New Development and Redevelopment projects may be exempted from implementation of hydromodification controls where it has been documented that adverse hydromodification effects to Natural Drainage Systems are unlikely:

1. Projects consisting of replacement, maintenance, or repair of an existing flood control facility, storm drain, or transportation network.

2. Redevelopment Projects in the urban core that do not increase the effective impervious area or decrease the infiltration capacity of previous areas compared to pre-project conditions.

3. Projects that have any increased discharge directly via a storm drain to a sump, lake, into a waterway that has a 100-year peak flow (Q100) of 25,000 cubic feet per second or more, or other receiving water that is not susceptible to hydromodification impacts.

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4. Projects that discharge directly or via a storm drain into concrete or otherwise engineered channels which in turn, discharge into a receiving water that is not susceptible to hydromodification impacts.

5. LID BMPs implemented on single-family homes are sufficient to comply with the hydromodification criteria.

C. Projects disturbing an area less than or equal to 1 acre shall implement the applicable LID performance standards in subchapters 14.13.060 and/or 14.13.070.

D. Projects disturbing an area greater than 1 acre, but less than 50 acres will be presumed to meet pre-development hydrology if one of the following demonstrations are made:

The project is designed to retain on-site the runoff of the 95th percentile 24-hour storm; or

1. The runoff flow rate, volume, velocity, and duration of the post-development condition does not exceed the pre-development condition for the 2-year, 24- hour storm event; or

2. The Erosion Potential (Ep) in the receiving water is approximately 1. Ep shall be determined in accordance with the NPDES permit.

E. Projects disturbing 50 acres or more will be presumed to meet pre-development hydrology based on the successful demonstration of one of the following conditions:

1. The project site infiltrates on-site runoff from a 2-year, 24-hour storm event; or

2. The runoff flow rate, volume, velocity, and duration for the post-development condition does not exceed the pre-development condition for the 2-year, 24- hour storm event. These conditions must be substantiated by hydrologic modeling.

14.13. 090 Plan Review Procedures.

All stormwater plans shall be subject to review and approval by the City Engineer.

A. If the proposed plan is not sufficient as originally submitted, the City Engineer, or designee, will notify the applicant in writing, setting forth the reasons for withholding and will state the changes necessary to obtain approval.

B. If staff determines that all the required information has not been received, the applicant may request that the matter be tabled to allow for the submittal of the required information.

C. If all the required information has been received, staff shall approve, approve with conditions, or recommend denial of the stormwater plan, including waiver submissions.

Recommendations for action on the stormwater plan can be part of the recommendation for action on the site plan or subdivision plat.

D. If the plan is approved, the City will require the following:

1. The applicant shall provide copies of all necessary state, federal, or local permits relating to stormwater management to the City.

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2. A satisfactory maintenance covenant agreement that assures long-term maintenance of all drainage improvements shall be submitted as part of the final plan. The maintenance covenant shall include a listing of the BMPs and their location; an operation and maintenance plan; monitoring plan (where required); and verification of ongoing maintenance provisions for LID BMPs. The property owner shall be required to document proper maintenance and operations and maintain such records for a period of two years. Maintenance agreements and records shall be provided upon request to the City inspector at any time for compliance verification. Failure to do so will result in enforcement actions per the City code. The approved covenant shall be recorded with the Los Angeles County recorder prior to issuance of occupancy.

3. A satisfactory maintenance covenant shall at a minimum include the developer's signed statement accepting responsibility for maintenance until the responsibility is legally transferred, and either:
a. A signed statement from the public entity assuming responsibility for BMP maintenance; or
b. Written conditions in the sales or lease agreement, which require the property owner or tenant to assume responsibility for BMP maintenance and conduct a maintenance inspection at least once a year; or c. Written text in project covenants, conditions, and restrictions (CCRs) for residential properties assigning BMP maintenance responsibilities to the homeowners’ association; or
d. The applicant shall post cash or a letter of credit in an amount not less than one hundred percent of the cost of the stormwater facilities. This deposit shall be held for two years after the date of completion of construction and final inspection of the stormwater facilities, until accepted by the City. The percentage cost for cash or letter of credit may be reduced to ten percent for projects longer than two years.

4. This deposit shall be returned to the applicant (in the case of cash) or allowed to expire (in the case of a letter of credit), as provided above, provided all stormwater facilities are clean, unobstructed, and in good working order, as determined by the City Engineer.

5. Reproducible mylars and electronic files (in AutoCAD format) of the as-built storm drains and stormwater BMPs shall be submitted by the applicant or his/her engineer to the City along with the final plan, or upon completion of system construction. The mylars are to be of quality material and three mils in thickness. Complete development agreements (including deed restrictions) must be submitted for the City’s review and approval prior to recording. (Ord. 1231 § 1, 2014)

14.13.100 Plan Review Fees.

Fees and escrow account payments shall be sufficient to cover administrative and technical review costs anticipated to be incurred by the City of San Dimas including the costs of on-site inspections, as set forth by resolution of the City council. (Ord. 1231 § 1, 2014)

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14.13.110 Maintenance Agreement.

A. Purpose of Maintenance Agreement. The purpose of the maintenance agreement is to provide the means and assurance that maintenance of stormwater BMPs shall be undertaken. As a condition for issuing a certificate of occupancy for a new development or redevelopment project, the applicant, facility operator(s), and/or owner(s), as appropriate, shall construct and/or employ all stormwater control BMPs identified in the approved LID Plan; and submit a signed certification statement that the project site and all BMPs will be employed and maintained in compliance with the City’s LID ordinance and other applicable regulatory requirements until the responsibility for such maintenance is legally transferred to another party.

B. Maintenance Agreement Required. A maintenance agreement shall be submitted to the City for review by the City Engineer and/or designee and, if necessary, City attorney. The designers may select any combination of stormwater BMPs which meet the performance standards provided this selection and identified in the Order and any amendment, revision, or reissuance thereof. A formal maintenance and inspection plan shall be included in the maintenance agreement.

C. Maintenance Agreement Provisions.

1. The maintenance agreement shall include a plan for routine, emergency, and long-term maintenance of all stormwater BMPs, with a detailed annual estimated budget for the initial two years, and a clear statement that only future maintenance activities in accordance with the maintenance agreement plan shall be permitted without the necessity of securing new permits. Written notice of the intent to proceed with maintenance shall be provided by the party responsible for maintenance to the City of San Dimas at least fourteen (14) days in advance of commencing work.

2. The maintenance agreement shall be binding on all subsequent owners of land served by the stormwater BMPs. A copy of the operation and maintenance plan shall be kept on-site for periodic review by the City’s inspectors.

3. If it has been found by the City, following notice and an opportunity to be heard by the property owner, that there has been a material failure or refusal to undertake maintenance as required under this chapter and/or as required in the approved maintenance agreement as required hereunder, the City shall abate such violations, as a public nuisance, pursuant to the procedures set forth in Chapter 8.16 of the San Dimas Municipal Code.

4. A fully executed "maintenance covenant for permanent BMPs requirements" shall be recorded with the Los Angeles 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 the following:
a. 8 ½" x 11" exhibits with record property owner information.

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b. 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. c. Clear depiction of location of BMPs, especially those located below ground. d. 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.
e. Agreement to retain documentation of proper maintenance for a period of two years.
f. Understanding that documentation of proper maintenance must be presented to the City upon request. (Ord. 1231 § 1, 2014)

5. The owners of the land served by the stormwater BMPs shall certify annually that all BMPs identified in the approved LID Plan have been inspected and maintained in accordance with the approved BMP maintenance plan. This certification shall be submitted to the City Engineer by September 30th annually.

6. The City of San Dimas shall inspect new development/redevelopment projects once every two (2) years after the date of project completion, to assess operational conditions for LID and hydromodification control BMP repair, replacement, and/or revegetation.

14.13.120 Enforcement.

Any person violating any provision of this chapter shall be responsible for a municipal civil infraction and subject to the City’s enforcement policy as set forth in the provisions of Title 1 and/or Chapter 8.16 of the San Dimas Municipal Code. (Ord. 1231 § 1, 2014)

14.13.130 Stop Work Order.

Where there is work in progress that causes or constitutes, in whole or in part, a violation of any provision of this chapter, the City is authorized to issue a stop work order to prevent further or continuing violations or adverse effects. All persons to whom the stop work order is directed, or who are involved in any way with the work or matter described in the stop work order shall fully and promptly comply therewith. The City may also undertake or cause to be undertaken, any necessary or advisable protective measures to prevent violations of this chapter or to avoid or reduce the effects of noncompliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work. (Ord. 1231 § 1, 2014)

14.13.140 Failure to comply.

In addition to any other remedies, should any property owner fail to comply with the provisions of this chapter, the City may, after the giving of reasonable notice and opportunity for compliance, have the necessary work done, and the owner shall be obligated to promptly reimburse the City for all costs of such work. (Ord. 1231 § 1, 2014)

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14.13.150 Emergency Measures.

When emergency measures are necessary to moderate a nuisance, to protect public safety, health and welfare, and/or to prevent loss of life, injury or damage to property, the City is authorized to carry out or arrange for all such emergency measures. Property owners shall be responsible for the cost of such measures made necessary as a result of a violation of this chapter, and shall promptly reimburse the City for all such costs. (Ord. 1231 § 1, 2014)

14.13.160 Cost Recovery for Damage to Storm Drain System.

A discharger shall be liable for all costs incurred by the City as the result of causing a discharge that produces a deposit or obstruction, or causes damage to, or impairs a storm drain, or violates any of the provisions of this chapter. Costs include, but are not limited to, those penalties levied by the Environmental Protection Agency or Los Angeles Regional Water Quality Control Board for violation of an NPDES permit, attorney fees, and other costs and expenses. (Ord. 1231 § 1, 2014)
SECTION III. 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.

SECTION IV. CEQA DETERMINATION. The City Council finds that the adoption of this Ordinance amending the Municipal Code is exempt from the requirements of the California Environmental Quality Act ( CEQA) on the basis that ( 1) State CEQA Guidelines sections 15307 and 15308 each categorically exempt the proposed adoption of the Ordinance since it is an action taken to protect natural resources and/or the environment ( specifically, water quality within the watershed under the jurisdiction of the Los Angeles Regional Water Quality Control Board), and environmental considerations have been accounted for' insofar as the entirety of the proposed Ordinance is environmentally beneficial and would have no indirect adverse environmental effects; and ( 2) the proposed Ordinance is not a " project" pursuant to CEQA since it can be seen with certainty that no adverse effect on the physical environment would occur pursuant to the proposed Ordinance since the only effects on the environment would be to improve water quality in stormwater channel discharges, and these effects are beneficial, and not adverse ( see State CEQA Guidelines section 15061( b)( 3)). City staff is directed to file a Notice of Exemption with the County Clerk within five (5) working days of the adoption of this Ordinance.

SECTION V. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted as may be required by law.

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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 27 day of February, 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 1306 was introduced at a regular meeting of the City Council of the City of San Dimas on the 27th day of February, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 12th day of March, 2024.
___________________________
Debra Black, City Clerk

Attachment 2
1 *New text changes are in Blue and Underlined
Replaced Text is Red and Strikethrough
SECTION I. Chapter 14.11 of the San Dimas Municipal Code is hereby amended to read, in its entirety, as follows:

San Dimas, California Municipal Code Title 14 WATER AND SEWERS Chapter 14.11 STORMWATER MANAGEMENT AND DISCHARGE

14.11.010 Definitions.

14.11.020 Responsibility for administrationAdministration.

14.11.030 General Provisions.

14.11.030040 Prohibited Discharges andactivitiesActivities.

14.11.040050 Requirements for Existing Properties.Prohibited Connections to the MS4.

14.11.050060 Urban stormwater mitigation plan for new developmentsRequirements for Existing Properties.

14.11.060070 Requirements for construction projects.Requirements for Industrial and Commercial Facilities.

14.11.070080 Public agency activities.Low Impact Development Standards for New Development and Redevelopment.

14.11.090 Requirements for Construction Projects.

14.11.080100 Public information and participation programMunicipal Facility Activities.

14.11.090110 Inspection and fees.Public Information and Participation Program.

14.11.100120 Penalties for failure to comply.Inspections and Fees.

14.11.110130 Disclaimerofliability.Enforcement and Penalties.

14.11.140 Disclaimer of Liability.

14.11.120150 Taking.

14.11.010 Definitions.

In addition to the Glossary of Terms found in Attachment D to the Los Angeles County Municipal Storm Water Permit Order No. 96-054R4-2021-0105, the following words and phrases shall have the following specific meanings:

Attachment 2
2 “Adverse Impact” means any detrimental effect upon water quality or beneficial uses caused by a discharge of loading of a pollutant or pollutants. “Area susceptible to runoff” means any surface directly exposed to precipitation or in the path of runoff caused by precipitation that leads directly to neighboring properties or to the street.
“Areas of Special Biological Significance” means all those areas designated by the State Water Board as ocean areas requiring protection of species or biological communities to the extent that maintenance of natural water quality is assured. All Areas of Special Biological Significance are also classified as a subset of State Water Quality Protection Areas.
"Authorized enforcement officer'' means the cCity's code enforcement officer and the directorDirector of publicPublic worksWorks, including any person so designated by the directorDirector of publicPublic worksWorks.
“Authorized Non-Stormwater Discharge” means discharges that are not composed entirely of stormwater and that are either: (1) separately regulated by an Industrial or General NPDES permit and allowed to be discharges into the MS4 when in compliance with all NPDES permit conditions; (2) separately regulated by a conditional waiver of water discharge requirements (WDRs) or WDRs for agricultural lands; (3) authorized by U.S. EPA pursuant to sections 104(a) or 104(b) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that either (i) will comply with water quality standards as applicable or relevant and appropriate requirements (ARARs) under section 121(d)(2) of CERCLA; or (ii) are subject to (a) a written waiver of ARARs by U.S. EPA pursuant to section 121(d)(4) of CERCLA or (b) a written determination by U.S EPA that compliance with ARARs is not practicable considering the exigencies of the situation, pursuant to 40 CFR section 300.415(j); or (4) necessary for emergency response purposes, including discharges from emergency firefighting activities.
“Automotive Service Facility” means a facility that is categorized by any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, facilities with SIC codes 5013, 5014, 5511, and 5541, will not be subject to inspection provided that these facilities have no outside activities or materials that may be exposed to stormwater.

SIC Code Corresponding NAICS Code
5013 425120, 441310, 425110, and 423120
5014 425120, 425110, 423130, and 441320
5511 441110
5541 447110 and 447190
7532 811121
7533 811112
7534 326212 and 811198
7536 811122
7537 811113

Attachment 2
3 7538 811111
7539 811198 and 811118
"Best management practices" ("BMPs") means stormwater pollution control practices applicable to existing properties that significantly reduce and control stormwater runoff and prevent nonstrormwater runoff pollution from entering the storm drain system and the Pacific Ocean.practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters.
"City" means the cityCity of San Dimas.
"Code" means the San Dimas Municipal Code.
“Conditionally Exempt Non-Stormwater Discharge” means certain categories of discharges that are not composed entirely of stormwater and that are allowed by the Los Angeles Water Board to discharge into the MS4, if the discharge is in compliance with all specified requirements; are not otherwise regulated by an individual or general NPDES permit; and are essential public services that are directly or indirectly required by other State or federal statute and/or regulation.

These include non-stormwater discharges such as from drinking water supplier distribution system releases. Conditionally exempt essential non-stormwater discharges may contain minimal amounts of pollutants, however, when in compliance with industry standard BMPs and control measures, do not result in significant environmental effects.
“Construction Activity” means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance.

Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See “Routine Maintenance” definition for further explanation. Where clearing, grading, or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan. “Construction General Permit” means General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities. General NPDES permit issued by the State Water Board, which authorizes the discharge of stormwater from construction activities under certain conditions. “Control” means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities.

Attachment 2
4 “Dechlorinated/Debrominated Swimming Pool Discharge” means swimming pool discharges with do not contain measurable quantities of chlorine or bromine and do not contain any detergents, wastes, or additional chemicals not typically found in swimming pool water. The term does not include swimming pool filter backwash.
"Discharge" means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substancewithout qualification the release or a pollutant or pollutants to the MS4.
"Disturbed area" means an area altered as a result of clearing, grading and/or excavation of earth.
“Drinking Water Distribution System Discharges” means sources of flows from drinking water storage, supply, and distribution systems including flows from system failures, pressure releases, system maintenance, distribution line testing, fire hydrant flow testing; and flushing and dewatering of pipes, reservoirs, vaults, and minor noninvasive well maintenance activities not involving chemical addition(s). It does not include wastewater discharges from activities that occur at wellheads, such as well construction, well development (i.e., aquifer pumping tests, well purging, etc.), or major well maintenance.
“Emergency Situation” means any incident, whether natural, technological, or humancaused, that requires responsive action to protect life of property. "Gray water" means water that is discharged from sinks, showers, tubs, washing machines, dishwashers, and garbage disposals.
"Hazardous waste" means any material defined as hazardous by Chapter 6.95 of the California Health and Safety Code and any substance designated pursuant to 40 CFR 302. This includes unlisted hazardous substances that are solid wastes, as defined in 40 CFR 261.2, that are not excluded from regulation as hazardous wastes under 40 CFR 261.4(b) if they exhibit any of the characteristics identified in 40 CFR 261.20 through 261.24.
"Illicit connection" means any device that is connected to the storm drain system that conveys an illicit discharge. man-made conveyance that is connected to the storm drain system without a permit, excluding roof drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.
"Illicit discharge" means any discharge into the MS4 that is prohibited under local, state, or federal statues, ordinances, codes, or regulations. The term illicit discharge includes any non-stormwater discharge, except those authorized non-stormwater discharges; conditionally exempt non-stormwater discharges; and non-stormwater discharges resulting from natural flows specifically identified in this Chapter. discharge onto the storm drain system that is not composed entirely of stormwater, except for the following:

1. Any discharge in compliance with a separate NPDES construction or building permit issued to a discharger, provider that the discharger is in full compliance with all

Attachment 2
5 requirements of them permit and other applicable laws;

2. Any discharge granted a discharge exemption by the California Regional Water Quality Board, Los Angeles Region, the Executive Officer of the aforesaid Board or an authorized representative or the State Water Resources Control Board;

3. Discharges resulting from:
a. Flows from riparian habitats or wetlands;
b. Diverted stream flows;
c. Springs;
d. Rising ground waters;
e. Uncontaminated groundwater infiltration;
f. Discharges or flows from emergency firefighting activities, g. Landscape irrigation;
h. Water line flushing;
i. Potable water sources provided the discharges are managed in accordance with an approved industry-wide standard pollution prevention practices developed by the American Water Works Association, California Nevada Section, or equivalent document;
j. Fountain drains;
k. Footing drains;
l. Air conditioning condensation;
m. Irrigation water;
n. Lawn watering;
o. Water from crawl space pumps;
p. Dechlorinated swimming pool discharges;
q. Individual residential car washing;
r. Street or sidewalk washing, and;
s. Discharges specifically allowed by law.
“Industrial General Permit” means a General Permit for Storm Water Discharges Associated with Industrial Activities. General NPDES permit issued by the State Water Board, which authorizes the discharge of stormwater from certain industrial activities under certain conditions.
“Industrial/Commercial Facility” means any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facilities includes, but is not limited to, any facility defined by either the Standard Industrial Classifications (SIC) or the North American Industry Classification System (NAICS). “LID” means Low Impact Development. LID consists of building and landscape features designed to retain or filter stormwater runoff. “Municipal Separate Storm Sewer System (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutter, ditches, man-made channels, or storm drains) (40 CFR § 122.26(b)(8)) that is the following:

1. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other

Attachment 2
6 wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;

2. Designed or used for collecting or conveying stormwater; and

3. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR § 122.2.
“New Development” means land-disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.means and includes all constructionon unimproved properties, as well as all construction on improved properties which will result in: (1) an increase of fifty percent or greater in the size of a single family home; (2) an addition of one or more dwelling units to a multifamily structure; or (3) improvements valued at fifty percent or more of the value of existing improvements on residential property. "Non-Stormwater runoffDischarge” means the flow of any fluid that is not entirely composed of stormwater.
"NPDES" means the National Pollutant Discharge Elimination System. “NPDES construction permit” means a permit issued by the regional water quality control board to owners/developers for construction activity for sites five acres in size or larger to control sediment and other pollutants from entering the storm drain system. “NPDES industrial permit” means a permit issued by the regional water quality control board to owners/developers of specific categories of industrial facilities identified in federal regulations to discharge stormwater into the storm drain system. “Planning Priority Projects” means development projects subject to Permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s). “Regional Board” means the California Regional Water Quality Control Board, Los Angeles Region.
“Sidewalk Rinsing” means low-volume pressure washing of paved pedestrian walkways with average water usage of 0.006 gallons per square foot, with no cleaning agents, and proper disposal of all debris collected.
"Storm Drain System" means those facilities that convey stormwater runoff and suspended solids to the waters of the United States, including streets, alleys, roads, ditches, curbs, gutters, catch basins, conduits, streams, channels, creeks, and rivers. "Stormwater'' means water that originates from atmospheric moisture (rainfall, hail, snow, or snowmelt) and that falls onto land, water, or other surfaces. "Stormwater pollutionPollution preventionPrevention planPlan" ("SWPPP") means a plan, as required by a state general permit for discharges of stormwater (e.g., Construction General Permit or Industrial General Permit), identifying potential pollutant sources and describing the design, placement, and implementation of BMPs, to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges

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7 from activities covered by the general permit.means the operator/owner-prepared plan that identifies BMPs for implementation and monitors the effectiveness of the BMPs for a specific commercial/industrial facility.
"Stormwater runoffRunoff“ means the surface flow of stormwaterpart of precipitation (rainfall or snowmelt) that travels across a surface to the storm drain system or receiving waters.
"Urban Runoff” means surface water flow produced by storm and non-storm events.

Non-storm events include flow from residential, commercial, or industrial activities involving the use of potable and non-potable water.

14.11.020 Responsibility for administrationAdministration.

This chapterChapter shall be administered by the office of the cityCity engineerEngineer. (Ord.1064 4,1997)

14.11.030 General Provisions.

A. The purpose and intent of this chapter is to protect the health and safety of the residents of the City by protecting the beneficial uses, marine habitats, and ecosystems of receiving water from pollutants carried by stormwater and nonstormwater discharges. The intent of the chapter is to enhance and protect the water quality of receiving waters consistent with the Clean Water Act.

B. The provisions of this chapter shall apply to the discharge, deposit, addition, or disposal of any non-stormwater, stormwater and/or runoff to the storm drain system and/or receiving waters within the City.

A. C. The City Engineer shall establish and enforce uniform standards, guidelines, and/or criteria for specific discharges, connections and/or BMPs.14.11.040 Prohibited DischargesandActivities.

14.11.030040 Prohibited Discharges and activitiesActivities A. Except as otherwise conditionally authorized by the Permit or any other NPDES permit, waiver or waste discharge order issued by the U.S. EPA, the State Board, or a regional board, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, including the provisions of this chapter, and subject to any requirements specified by the Director, no person shall do the following:

1. Discharge non-stormwater to the City's storm drain system or to receiving waters except in compliance with the requirements of this Chapter;

2. Cause, allow, or facilitate any prohibited discharge; and

3. Discharge, cause, allow, or facilitate any discharge that may cause or threaten to cause a condition of pollution or nuisance as defined in Water Code section 13050, that may cause, threaten to cause or contribute to an exceedance of any water quality standard in any Statewide Water Quality

Attachment 2
8 Control Plan, California Toxics Rule, or Basin Plan, or that may cause or contribute to the violation of any receiving water limitation.

B. Pursuant to the Permit, discharges which may be conditionally authorized subject to best management practices and other restrictions or prohibitions, include but are not limited to the following types of discharges:

1. Authorized non-stormwater discharges separately regulated by an individual or general NPDES permit.

2. Authorized non-stormwater discharges separately regulated by a conditional waiver or WDRs for agricultural lands.

3. Temporary non-stormwater discharges authorized pursuant to sections 104(a) or 104(b) of the CERCLAomprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that either: (i) will comply with water quality standards as applicable or relevant and appropriate requirements (“ARARs”) under section 121(d)(2) of CERCLA; or (ii) are subject to either (a) a written waiver of ARARs pursuant to section 121(d)(4) of CERCLA or (b) a written determination that compliance with ARARs is not practicable considering the exigencies of the situation pursuant to 40 CFR. Section 300.415(j).

4. Authorized non-stormwater discharges from emergency firefighting activities (i.e., discharges resulting from water use necessary for the protection of life or property from fire).

5. Natural flows to include the following:
a. Natural springs;
b. Flows from riparian habitats and wetlands;
c. Diverted stream flows, authorized by the State Water Board or Los Angeles Water Board;
d. Uncontaminated ground water infiltration; and
e. Rising ground waters, where ground water seepage is not otherwise covered by a NPDES permit.

6. Conditionally exempt non-stormwater discharges as follows:
a. Conditionally Exempt Essential Non-Stormwater Discharges to include the following:
i. Discharges from essential non-emergency firefighting activities.
ii. Discharges from drinking water systems that are not otherwise regulated by an NPDES permit.
b. Conditionally Exempt Non-Essential Non-Stormwater Discharges to include the following:
i. Dewatering of lakes.
ii. Landscape irrigation.
iii. Dechlorinated/debrominated swimming pool/spa discharges not otherwise regulated by a separate NPDES permit.
iv. Dewatering of decorative fountains.
v. Non-commercial car washing by residents or by non-profit organizations.
vi. Street/sidewalk wash water.

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9 vii. Short-term releases of potable water with no additives or dyes for filming purposes.; and
viii. Potable wash water used to clean reservoir covers. c. Non-Stormwater Discharges to an ASBS are allowed as follows:
i. One of the conditionally exempt non-stormwater discharge categories in part 6.a. above.
ii. Essential for emergency response purposes, structural stability, and slope stability, which may include but are not limited to the following discharges:
a. Discharges associated with emergency firefighting
operations (i.e., discharges resulting from water use
necessary for the protection of life or property from fire). b. Foundation and footing drains;
c. Water from crawl space or basement pumps; and
d. Hillside dewatering.
iii. Naturally occurring discharges as follows:
a. Naturally occurring groundwater seepage via the MS4; b. Non-anthropogenic flows from a naturally occurring
stream via a culvert or MS4, as long asif there are no
contributions of anthropogenic runoff.

C. The City Engineer may limit or prohibit any discharge which is conditionally authorized by the Permit if the discharge is a source of pollutants or causes or contributes to an exceedance of applicable receiving water limitations or water quality-based effluent limitations, including but not limited to imposing conditions on such discharge, requiring control measures and other actions to reduce pollutants, requiring diversion of the discharge to the sanitary sewer, or requiring pretreatment.

D. The City Engineer may require any person to obtain a permit from the City before discharging or causing, allowing, or facilitating any discharge to the storm drain system. It is unlawful to discharge, cause, allow, or facilitate any discharge to the storm drain system in violation of any permit so required.

E. Littering and other discharge of polluting or damaging substances are prohibited.

1. No person shall cause any refuse, rubbish, food waste, garbage, or any other discarded or abandoned objects to be littered, thrown, deposited, left, accumulated, maintained or kept in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, drainage structure, place of business, or upon any public or private property so that the same may or does become a pollutant which may or does enter the storm drain system or receiving waters, except when such materials are placed in containers, bags, recycling bins, or other lawfully established waste disposal facilities protected from stormwater or runoff.

2. No person shall cause the disposal of hazardous materials or hazardous wastes into trash containers used for municipal trash disposal.

3. No person shall cause to be discharged to the storm drain system or to

Attachment 2
10 receiving waters any pesticide, fungicide, or herbicide prohibited by the U.S. EPA or the California Department of Pesticide Regulation.

4. No person shall cause the accumulation of pollutants, leaves, dirt, or other landscape debris into a street, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain, or any fabricated or natural conveyance so that the same may or does become a pollutant which may or does enter the storm drain system or receiving waters.

5. No person shall cause the disposal of sanitary or septic waste or sewage into the storm drain system from any property or residence or any type of recreational vehicle, camper, bus, boat, holding tank, portable toilet, vacuum truck, or other mobile source of waste holding tank, container, or device.

6. No person shall discharge or cause to be discharged anything that would result in or contribute to a violation of the City's NPDES permit and any amendment, revision or re-issuance, thereof, either separately or when combined with other discharges.

F. No person shall conduct any industrial activity in the City without obtaining all the permits required by state or federal law, including a NPDES General Industrial Activity Storm Water Permit, when required.

14.11.050 Prohibited Connections to the MS4.

A. The installation or use of illicit connections prohibited. No person shall install, maintain, or use any connection to the storm drain system or act, cause, permit or suffer any non-stormwater to be discharged or conveyed through a connection to the storm drain system unless the connection has been permitted by the City Engineer This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization, or whether permissible under the laws or practices applicable or prevailing at the time of the connection.

B. Removal of illicit connection from the storm drain system. If any person fails to remove an illicit connection upon notification by the City Engineer, or upon revocation of a connection permit, the City Engineer may direct the removal of such connection from the storm drain system. Additionally, the City Engineer may pursue the recovery of costs for such removal pursuant to 14.11.130.

A. Illicit Discharges and Connections. No person shall cause or permit illicit discharges to be made into the city's storm drain system, nor shall any person establish, use, maintain or continue an illicit connection to the city's storm drain system.

All illicit connections shall be removed.

B. Littering. No person shall throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained or kept, any refuse, rubbish, garbage, leaves, dirt, landscape debris, or any other discarded or abandoned objects, articles or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit

Attachment 2
11 or drainage structure, business place, or upon any public or private plot of land in the city, so that the same might be or become a pollutant, except in containers, recycling bags or other lawfully established waste disposal facilities. It is illegal to dump, discard, abandon or otherwise deposit any refuse where the natural flow of stormwater might carry the same to any such flood water channel or structure, or in any fountain, pond, lake, stream, or any other body of water in a park or elsewhere in the city.

C. Industrial Activities. No person shall conduct any industrial activity in the city without obtaining all permits required by state or federal law, including a NPDES general industrial activity stormwater permit, when required. Each industrial discharger associated with construction activity or other discharger described in any general stormwater permit addressing such discharges as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, Los Angeles Region shall provide notice of intent to comply with and undertake all other activities required by any general stormwater permit applicable to such discharges. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

D. Discharge in Violation of Permit. Any discharge, either separately considered or when combined with other discharges, that would result in, or contribute to a violation of NPDES Permit Order No. 96-054, (which is available for viewing at San Dimas City Hall, city engineer's office), and any amendment, revision or re-issuance thereof, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge and such person(s) shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

E. The discharge of untreated wash waters to the MS4 when gas stations, auto repair garages, or other types of automotive service facilities are cleaned is prohibited.

F. The discharge of untreated wastewater to the MS4 from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations is prohibited.

G. To the maximum extent practicable, discharges to the MS4 from areas where repairs of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, are made, is prohibited.

H. The discharge of untreated runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials is prohibited.

I. The discharge of commercial/municipal swimming pool filter backwash to the MS4 is prohibited.

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12 J. The discharge of untreated runoff from the washing of toxic materials from paved or unpaved areas to the MS4 is prohibited.

K. The washing of impervious surfaces in industrial/commercial areas that results in a discharge of untreated runoff to the MS4, unless specifically required by state or local health and safety codes, is prohibited or must be controlled to the maximum extent practicable.

L. The discharge from washing out concrete trucks to the MS4 is prohibited.

M. Industrial/commercial motor vehicle parking lots with more than twenty-five parking spaces that are located in areas potentially exposed to stormwater shall be swept, or some other equally effective measure taken, to remove debris on a regular basis.

N. The placement of machinery/equipment that is to be repaired or maintained shall be such that leaks, spills and other maintenance-related pollutants are not discharged to the MS4.

0. Illicit discharges and illicit connections to the MS4 is prohibited.

P. In order to control spills, dumping, or disposal of materials to the MS4 the following are prohibited:

1. Littering;

2. The disposal of leaves, dirt, or other landscape debris into a storm drain;

3. The discharge to the MS4 of any pesticide, fungicide, or herbicide banned by either the USEPA or the California Department of Pesticide Regulation;

4. The improper disposal of food wastes;

5. The disposal of hazardous wastes into trash containers used for municipal trash disposal so as not to cause a discharge to the MS4.

Q. In areas exposed to stormwater, the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, and other materials which have potential adverse impacts on water quality is required.

R. Where best management practices and/or standard urban stormwater mitigation plan requirements have been duly and legally adopted by any federal, state of California, regional and/or local regulatory agency pertaining to any activity, operation or facility that causes or contributes to stormwater pollution or illicit discharges to the stormwater system, every person undertaking such activity or operation or owning or

Attachment 2
13 operating such facility shall comply with such requirements, including obtaining all necessary permits. If the requirements set forth in this chapter are more stringent than the best management practices and/or standard urban stormwater mitigation plan requirements duly and legally adopted by a federal, state of California, regional and/or local regulatory agency, the director of public works may waive the requirements imposed by this chapter upon finding of good cause. (Ord. 1112 § 1, 2000; Ord. 1064 § 4, 1997)

14.11.040060 Requirements for Existing Properties.

Any owner or occupant of property within the cityCity shall comply with the following requirementsbest management practices:

A. Any person engaged in activities which will or may result in pollutants entering the City storm drain system shall undertake all control measures and BMPs as the City Engineer may require to reduce such pollutants. Premises with a high potential threat of discharge may be required to implement a monitoring program meeting standards established by the City. Where best management practices guidelines or requirements have been adopted by any Federal, State, regional, and/or city agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharges of non-stormwater to the storm drain system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the City Engineer.

B. Installation of structural BMPs. No person shall install a structural BMP for the purpose of treating, neutralizing, disposing of monitoring or diverting to the sanitary sewer system any runoff without the approval of the City Engineer and of the Los Angeles County Sanitation District or any successor thereto. Such facilities may be subject to plan review, application, and issuance of operating permits.

C. BMPs to be consistent with environmental goals. No person shall install or implement a BMP that transfers pollutants to air, groundwater, surface soils, and/or other media in a manner inconsistent with applicable environmental laws and regulations.

D. The City Engineer may require any person responsible for any industrial or commercial facility of new or redevelopment project to submit documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, stormwater pollution prevention plans, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this Chapter or any NPDES permit. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

E. The City Engineer may require any person responsible for any industrial or commercial facility or new development or redevelopment project to enter into an agreement for the operation and maintenance of any structural control measures

Attachment 2
14 and to record such agreement with the County Recorder’s office.

F. The following BMPs are required of every owner or occupant of any property:

1. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical, fuel, animal waste, garbage, batteries, and/or septic waste in an area where actual or potential discharge to the City streets or the storm drain system may occur. Any spills, discharge, or residues shall be removed as soon as possible and disposed of properly.

2. Runoff from landscape irrigation, air conditioning condensate, water-line flushing, foundation/footing drains, individual residential car washing, dechlorinated/debrominated swimming pool/spa discharges, and sidewalk washing shall be conducted in a manner which minimizes or eliminates the possibility of pollutant discharges reaching the City storm drain system or receiving waters.

3. Runoff from washing paved areas, including but not limited to parking lots, on industrial or commercial property is prohibited unless specifically required by federal, state, or local health or safety codes and not in violation of any other provision of this code. Runoff from authorized washing of paved areas shall be minimized to the extent practicable.

4. Objects, such as motor vehicle parts containing grease, oil, or other hazardous materials, and unsealed receptacles containing hazardous materials, shall not be stored in area exposed to stormwater or otherwise susceptible to runoff.

5. Any machinery or equipment which is to be repaired or maintained in areas exposed to stormwater or otherwise susceptible to runoff shall be provided with containment areas to control leaks, spills, or discharges.

6. All motor vehicle parking lots with more than 25 parking spaces and located in areas exposed to stormwater or otherwise susceptible to runoff shall have debris removed by regular sweeping or other equally effective measures. Such debris shall be collected and properly disposed of.

7. Motor vehicle parking lots with a gravel/sediment base to implement BMPs to prevent the discharge of gravel and sediment to the MS4.

A. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. In addition, washing down of paved areas is prohibited, unless necessary for health or safety purposes as determined by the director of public works, and is not in violation of any other provision of this code. Runoff of water from the permitted washing down of paved areas shall be minimized to the maximum extent practicable.

B. The storage of materials, machinery and equipment, such as motor vehicle parts, containing grease, oil, or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be in areas susceptible to runoff.

C. Any machinery or equipment which is to be repaired in areas susceptible to runoff shall be placed on a pad of absorbent material to contain leaks, spills or small discharges.

D. The discharge of gray water to street or storm drains is prohibited. (Ord. 1064 § 4, 1997) G. The discharge of gray water to street or storm drains is prohibited.

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15 14.11.070 Industrial and Commercial Facilities
A. The following discharges from industrial or commercial activities are prohibited unless the discharge is in compliance with the provisions of this chapter:

1. Discharge of wash waters to the storm drain system from the cleaning of gas stations, auto repair garages, or other types of auto repair facilities;

2. Discharge of wastewater to the storm drain system from mobile auto washing, steam cleaning, mobile carpet cleaning, or other such mobile commercial and industrial operations;

3. Discharge to the storm drain system from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluids, or coolants is undertaken;

4. Discharge to the storm drain system from storage areas for materials containing grease, oil, or hazardous materials, or from uncovered receptacles containing hazardous materials, grease, or oil;

5. Discharge of commercial/public swimming pool filter backwash to the storm
drain system;

6. Discharge from the washing of toxic materials from paved or unpaved areas to the storm drain system;

7. Discharge from the washing out of concrete trucks to the storm drain system; and

8. Discharge from the washing or rinsing of restaurant mats, equipment, or garbage bins or cans in such a manner that causes non-stormwater to enter the storm drain system.

B. Industrial/commercial facility sources required to obtain a NPDES permit. Any industrial or commercial facility required to have a NPDES permit shall retain onsite and, upon request, make immediately available to the director the following documents as evidence of compliance with permit requirements, as applicable:

1. A copy of a NPDES permit or notice of intent to comply with a general permit to discharge stormwater associated with industrial or construction activity as submitted to the State Board or report of waste discharge as submitted to a Regional Board of jurisdiction;

2. A waste discharge identification number issues by the State Board or copy of the NPDES permit issued by a Regional Board;

3. A SWPPP and a monitoring program plan or group monitoring plan;

4. Stormwater quality data;

5. Evidence of facility self-inspection; or

6. Evidence that facilities has filed a Notice of Non-Applicability (NONA) or any applicable waiver issued by the Los Angeles Water Board or State Water Board pertaining to stormwater discharges.

Attachment 2
16 C. Best management practices for industrial and commercial facilities. All industrial and commercial facilities shall implement BMPs which will effectively prevent the direct or indirect discharge of pollutants to the storm drain system or receiving waters to the maximum extent practicable. Minimum BMPs applicable to all industrial and commercial facilities include, but are not limited to the following:

1. Termination of all non-stormwater discharge to the storm drain system that is not specifically authorized by a NPDES permit;

2. Exercising general good housekeeping practices;

3. Incorporating regular scheduled preventative maintenance into operations;

4. Maintaining spill prevention and control procedures;

5. Implementing soil erosion control;

6. Posting on-site private storm drains to indicate that they are not to receive liquid, solid wastes, or pollutants;

7. Implementing regular cleaning of the on-site private storm drain system;

8. Ensuring that stormwater runoff is directed away from operating, processing, fueling, cleaning and storage areas;

9. Remove trash, debris, and free-standing oil/grease, spill/leaks from sidewalks and hard surfaces; and

10. Sidewalk washing should be performed using high pressure, low-volume spray washing using only potable water with no cleaning agents at an average usage of 0.006 gallons per square feet of sidewalk area.

14.11.050080 Low Impact Development Standards for New Development and Redevelopment.

14.11.050 Urban stormwater mitigation Low Impact Development Standards for New Development and Redevelopment plan for new developments.

A. Prior to the submittal of an application for a All Priority Development project, i.e., new development/redevelopment projects shall comply with the provisions of the City’s Low Impact Development Ordinance, Chapter 14.13. an applicant shall submit to the director of public works an urban stormwater mitigation plan.

B. Failure to comply with an approved urban stormwater mitigation plan after receiving any required planning approval shall be a misdemeanor.

The urban stormwater mitigation plan shall be designed to reduce projected runoff for a project through incorporation of design elements or principles that address the following goals in connection with both construction and long-term operation of the site:

Implement to the maximum extent practicable, requirements established by appropriate government agencies under CEQA, Section 404 of the Clean Water Act, local ordinances

Attachment 2
17 and other legal authorities intended to minimize impacts from stormwater runoff on the biological integrity of natural drainage systems and water bodies.

Maximize, to the maximum extent practicable, the percentage of permeable surfaces to allow more percolation of stormwater into the ground.

Minimize, to the maximum extent practicable, the amount of stormwater directed to impermeable areas and to the MS4.

Minimize, to the maximum extent practicable, parking lot pollution through the use of appropriate BMPs such as retention, infiltration and good housekeeping.

Establish reasonable limits on the clearing of vegetation from the project site including, but not limited to, regulation of the length of time during which soil may be exposed and, in certain sensitive cases, the prohibition of bare soil.

Provide for appropriate permanent controls to reduce stormwater pollutant load produced by the development site to the maximum extent practicable.

The city's evaluation of each urban stormwater mitigation plan will ascertain how well the proposed plan meets the combined objectives set forth in subsection B of this section. In addition, the city will analyze watershed characteristics and land uses and monitor or estimate water quality for each project. Each plan will be evaluated on its own merits according to the particular characteristics of the project and the site to be developed.

The director of public works shall approve or disapprove the plan within fourteen business days of submittal, or within fourteen business days of approval of the development project by the planning commission, where such approval is required. If the plan is disapproved, the reasons for disapproval shall be given in writing to the developer.Any plan disapproved by the director of public works or his or her designee may be revised by the developer and resubmitted for approval. A resubmitted plan will be approved or disapproved within fourteen business days of submission.

Notwithstanding planning commission approval of a development project, no building permit shall be issued until an urban stormwater mitigation plan has been approved by the director of public works.

Attachment 2
18 Full or partial waivers of compliance with this section may be obtained by persons who apply on forms supplied by the city and show that incorporation of design elements that address the objectives set forth in subsection B of this section is an economic and physical impossibility due to the particular configuration of the site or due to irreconcilable conflicts with other city requirements. Requests for waivers must be approved, in writing, by the community development department, the public works department, and the division of building and safety.

Compliance with an approved urban stormwater mitigation plan shall be a condition of any required planning approval.

Failure to comply with an approved urban stormwater mitigation plan after receiving any required planning approval shall be a misdemeanor. (Ord. 1064 § 4, 1997)

14.11.060090 Requirements for constructionConstruction projectsProjects.

A. No person shall commence any construction activity for which a permit is required by this Chapter or any law or regulation without implementing stormwater and runoff pollution mitigation measures required by such permit(s), law, regulation or this Chapter. In addition, prior to obtaining a grading or building permit, each operator of any construction activity shall submit evident to the City Engineer that all applicable permits have been obtained, including but not limited to the General Construction Activities Storm Water Permit and State Water Board 401 Water Quality Certification.

B. No grading permit shall be issued for developments with disturbed areas of one (1) acre or greater or which is part of a larger common plan of development unless the applicant can show that:

1. A notice of intent (NOI) to comply with the state construction activity stormwater permit has been file;

2. A stormwater pollution prevention plan (SWPPP) has been prepared; and

3. A post-construction plan meeting the low-impact development standards in Chapter 14.13 has been submitted.

C. Prior to obtaining a grading or building permit, each operator of a construction site less than one (1) acre shall prepare and submit to the City Engineer, a plan to: control erosion and sediment; prevent erosion, sediment loss, and the discharge of construction wastes.

D. The following minimum set of BMPs shall apply to all construction sites (regardless of size):

1. Site Management – housekeeping.

2. Erosion Controls – scheduling and preservation of existing vegetation.

3. Sediment Controls – perimeter controls and stabilized construction site entrance and exit.

4. Non-Stormwater Management – Water conservation practices and dewatering operations.

5. Waste Management – Material delivery and storage; stockpile management; solid waste management; concrete waste management; and sanitary/septic waste management.

E. The following minimum BMPs are required for both private or public roadway paving or repair operations:

1. Restrict paving and repaving activities to exclude periods of rainfall or predicted rainfall unless required by emergency conditions.

2. Install gravel bags and filter fabric or other equivalent inlet protection at all susceptible storm drain inlets and at manholes to prevent spills of paving products and tack coat.

3. Prevent the discharge of release of agents including soybean oil, other oils, or diesel to the asphalt.

4. Minimize non-stormwater runoff from water use for roller equipment and for evaporative cooling of the asphalt.

5. Clean equipment over absorbent pads, drip pans, plastic sheeting or other materials to capture all spillage and dispose properly.

6. Collect liquid waste in a container, with a secure lid, for transport to a maintenance facility to be reused, recycled or disposed of properly.

7. Collect solid waste by vacuuming or sweeping and securing in an appropriate container for transport to a maintenance facility to be reused, recycled or disposed of properly.

8. Cover “cold-mix” asphalt with protective sheeting during a rainstorm.

9. Cover loads with tarp before haul-off to a storage site, and do not overload trucks.

10. Minimize airborne dust by using water spray or other approved dust suppressant during grinding.

11. Avoid stockpiling soil, sand, sediment, asphalt material, and asphalt grindings materials or rubble in or near stormwater drainage systems or receiving waters.

12. Protect stockpiles with a cover or sediment barriers during rain.

C. In addition to any adopted BMPs or other requirements for construction projects adopted by the city, the following requirements shall apply to all projects undergoing construction in the city.

The requirements set forth below shall apply at the time of demolition of an existing structure or commencement of construction and until the project receives final occupancy/clearance from the city.

1. Sediment, construction waste and other pollutants from construction sites and parking areas, including runoff from equipment at construction sites, shall be retained on the site to the maximum extent possible.

2. Any sediments or other materials that are not retained on the site shall be removed the same day as they leave the site. Where determined necessary by the director of public works or a designated representative, a temporary sediment barrier shall be installed.

3. On an emergency basis only, plastic covering may be utilized to prevent erosion of an otherwise unprotected area, along with runoff devices to intercept and safely convey the runoff.

4. Excavated soi shall be located on the site in a manner that minimizes the amount of sediments running into the street or adjoining properties. Soil piles shall be covered until the soil is used or removed.

5. No washing of construction or other industrial vehicles shall be allowed on a construction site or property adjacent to a construction site.

6. Drainage controls shall be utilized as needed, depending on the extent of the proposed grading and topography of the site, including but not limited to the following:
a. Detention ponds, sediment ponds, sediment ponds, or infiltration pits; b. Dikes,, filter berms or ditches;
c. Down drains, chutes or flumes.

D. The city may, as a condition of granting a permit, set forth reasonable limits on the clearing of vegetation from construction sites, including, but not limited to, regulating the length of time during which soil may be bare, and, in certain sensitive cases, prohibiting bare soil.

F. Project plans must include a narrative discussion of the reasons used for selecting or rejecting BMPs. In lieu of a narrative, the project architect or engineer of record may sign a statement on the plan to the following effect:
"As the architect/engineer of record, I have selected appropriate BMPs to effectively minimize the negative impacts of this project's construction activities on stormwater quality. The project owner and contractor are aware that the selected BMPs must be installed, monitored, and maintained to ensure their effectiveness. The BMPs not selected for implementation are redundant or deemed not applicable to the proposed construction activities."
G. The requirements set forth in this Chapter shall apply at the time of demolition of an existing structure or commencement of construction and until the project receives final occupancy/clearance from the City.

14.11.070100 Municipal Facility Activities.

A. Any municipal activity/facility required to have a NPDES permit shall prepare the following documents as evidence of compliance with permit requirements, as applicable: The city will assist in the development of a county-wide model program to reduce the impact of public agency activities on stormwater quality that will include a discussion on the ongoing investigation pf the feasibility of dry weather flow diversion from the MS4 to municipal wastewater treatment plans. The model program shall incorporate existing regulations, requirements and plans, such as waste minimization plans, spill prevention control countermeasures, and business plans.

1. A copy of an NPDES permit or NOI to comply with a general permit to discharge stormwater associated with industrial or construction activities as submitted to the State Water Resources Control Board or report of waste discharge submitted to the Los Angeles Regional Board;

2. A waste discharge identification number issued by the State Water

Resources Control Board or copy of the NPDES permit issued by the Los Angeles Regional Board;

3. A SWPPP and a monitoring program plan or group monitoring plan;

4. Stormwater quality data;

5. Evidence of facility self-inspection; or

6. Evidence that the facility has filed a Notice of Non-Applicability (NONA) or applicable wavier issued by the Los Angeles Regional Board or State Water Resources Control Board pertaining to stormwater discharges.

B. Additionally, the cityCity will develop a city-wide programimplement stormwater BMPs that will address the following public agency areas:

1. Sewage systems operations;

2. Public construction activities management;

3. Vehicle maintenance/material storage facilities management;

4. Landscape and recreational facilities management;

5. Storm drain operation and management;

6. Streets and roads maintenance;

7. Parking facilities management;

8. Public industrial activities;

9. Emergency procedures.

14.11.080110 Public informationInformation and participationParticipation programProgram.

The cityCity will work collaboratively to develop a comprehensive county-wide outreach/education program. The department of public works will implement an immediate public outreach program by preparing written materials, outreach tools, and activities to help raise public awareness of stormwater issues. In addition, the department of public works, along with other city departments, shall conduct informational programs on stormwater pollution for residents and business persons who operate within the city in an attempt to measurably continue to collaboratively with the East San Gabriel Valley Watershed Group and with County-wide and Region-wide partners to do the following:

1. Increase the knowledge of the audience targeted regarding the MS4, the impacts of stormwater pollution on receiving waters, and potential solutions forthe target audiences to implementBMPs to reduce the problems caused understanding about the importance of stormwater management to public health/community health, environmental quality and local water resiliency, and;

2. Change the behavior of target audiences by encouraging those audiences to implement appropriate aolutions.Increase support for stormwater management program and stormwater
projects among the City’s residents and businesses.

14.11.090120 Inspection and feesFees.

A. Routine or Area Inspections. Whenever necessary to make an inspection to enforce any of the provisions of this chapterChapter, inspections shall be based upon such reasonable selection process as may be deemed necessary to carry out the objectives of this chapterChapter, including but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, discharges of non-stormwater to the cityCity 's storm drain system, discharges which are not pursuant to a NPDES permit, or similar factors.

B. Inspection for Reasonable Cause. Whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the officer may, upon consent or upon obtaining an inspection warrant, enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapterChapter. The following actions may be carried out during such inspection:

1. Inspect, sample, make flow measurements of any runoff, discharge, or threatened discharge;

2. Place on the premises devices for runoff or discharge sampling, monitoring, flow measurement, or metering;

3. Inspect, copy, or examine any records, reports, plans, test results, or other information required to carry out the provisions of this Chapter, to the extent allowed by law; and

4. Photograph any materials, storage area, waste, waste containers, BMP(s), vehicle(s), connection, discharge, runoff, and/or violation discovered during an inspection.

C. Interference with an inspector is prohibited. No person shall, during reasonable hours, refuse, restrict, resist, or attempt to resist the entrance of the City’s inspector into any building, factory, plant, yard, construction site or portions thereof in the performance of his/her duty within the powers conferred upon them by law.

D. A fee that shall reimburse the City for the costs of inspections of facilities undertaken pursuant to this chapterChapter or any federal, state, regional and/or local regulatory agency order or permit pertaining to stormwater pollution or discharges shall be collected concurrently at the time of payment of the business license fee. The amount of the fee shall be established by cityCity councilCouncil resolution and is intended to reimburse the cityCity for the costs of inspections, and shall be imposed on those facilities where inspections occur. (Ord. 1139 § 1, 2003; Ord. 1064 § 4, 1997)

14.11.100130 Enforcement and Penalties for failure to comply.

A. Except as otherwise provided in this chapterChapter, for the first failure to comply with any provision of this chapterChapter, the Director of Public Works, or his or her designee, may issue to the affected party a written notice that includes the following information

1. A statement specifying the violation committed and order to comply;

2. A specified time period within which the affected person shall correct the failure or file a written notice disputing the notice of violation;

3. A statement of the penalty for continued noncompliance.

B. Each subsequent failure to comply with any provision of this chapterChapter following written notice issued pursuant to subsection A of this section shall constitute a misdemeanor or an infraction punishable as provided in Chapter 1.12 of the San Dimas Municipal Code. Each day during which a person fails to comply with the provisions of this chapterChapter following written notice shall constitute a separate offense.

C. A violation of any provision of this chapterChapter is declared to be a public nuisance and the cityCity is authorized to abate such violation by means of a civil action. Additionally, the Director may summarily abate such nuisance upon determination that the nuisance constitutes an immediate threat to public health or safety.

D. The penalties and remedies established by this section shall be cumulative and shall include costs incurred by the City for such abatement, including reasonable attorney’s fees and other costs of enforcement. (Ord. 1064 § 4, 1997)

14.11.110140 Disclaimer of Liability.

The degree of protection required by this chapterChapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this chapterChapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapterChapter shall not create liability on the part of the cityCity, any officer or employee thereof, for any damages that result from reliance on this chapterChapter or any administrative decision lawfully made thereunder. (Ord. 1064 § 4, 1997)

14.11.120150 Taking.

The provisions of this chapterChapter shall not operate to deprive any property owner of any constitutionally protected right. If a property owner claims that application of this chapterChapter to a specific project would deprive the property owner of a constitutionally protected right, then such property owner shall make application to the cityCity, and the cityCity may allow additional land uses, but only to the extent necessary to avoid depriving the property owner of a proven constitutionally protected right. In any such application the burden shall be on the property owner to demonstrate that strict application of this chapterChapter would cause the deprivation of a constitutionally protected right. Such additional land uses shall be consistent with and carry out the purposes of this chapterChapter as set forth herein, and shall not be inconsistent with any other federal, state, or local laws, including but not limited to the cityCity’s General Plan. (Ord. 1064 § 4, 1997)

SECTION II. Chapter 14.13 of the San Dimas Municipal Code is hereby amended to read, in its entirety, as follows:

San Dimas, California Municipal Code Title 14 WATER AND SEWERS Chapter 14.13 LOW IMPACT DEVELOPMENT

14.13.010 Title.

14.13.020 Purpose.

14.13.030 Findings.

14.13.040 Construction of language. Definitions.

14.13.050 New development and redevelopment project provisions applicability.

14.13.060 Project performance criteria.

14.13.070 Alternative compliance for technical infeasibility.

14.13.080 Hydromodification Management Requirements

14.13.080 090 Plan review procedures.

14.13.090 100 Plan review fees.

14.13.100 110 Maintenance agreement.

14.13.110 120 Enforcement.

14.13.120 130 Stop work order.

14.13.130 140 Failure to comply-Completion

14.13.140 150 Emergency measures.

14.13.150 160 Cost recovery for damage to storm drain system.

14.13.010 Title.

This chapter shall be known as the "City of San Dimas Low Impact Development (LID) Ordinance" and may be so cited. (Ord. 1231 § 1, 2014)

14.13.020 Purpose.

It is the purpose of this chapter to establish minimum stormwater management requirements and controls to accomplish, among others, the following objectives:

A. Lessen the water quality impacts of development by using smart growth practices such as compact development, directing development towards existing communities via infill or redevelopment, and safeguarding of environmentally sensitive areas. and integrate Low Impact Development (LID) design principles to mimic predevelopment hydrology through infiltration, evapotranspiration, and rainfall harvest and use.

B. Minimize the adverse impacts from stormwater runoff on the biological integrity of natural drainage systems and the beneficial uses of waterbodies.

C. Minimize the percentage of impervious surfaces on land developments by minimizing soil compaction during construction, designing projects to minimize the impervious area footprint, and employing low impact development (LID) design principles to mimic predevelopment hydrology through infiltration, evapotranspiration and rainfall harvest and use.

D. Maintain existing riparian buffers and enhance riparian buffers when possible.

E. Minimize pollutant loadings from impervious surfaces such as roof tops, parking lots, and roadways through the use of properly designed, technically appropriate best management practices (BMPs), (including source control BMPs such as good housekeeping practices), Standard Urban Stormwater Mitigation Plan [SUSMP] design standards, LID strategies, and treatment control BMPs).

F. Properly select, design, and maintain LID and hydromodification control BMPs to address pollutants that are likely to be generated, reduce changes to predevelopment hydrology, assure long-term function, and avoid the breeding of vectors.

G. Prioritize the selection of BMPs to remove stormwater pollutants, reduce stormwater runoff volume, and beneficially use stormwater to support an integrated approach to protecting water quality and managing water resources in the following order of preference:

1. On-site infiltration, bioretention and/or rainfall harvest and use.

2. On-site biofiltration, off-site ground water replenishment, and/or off-site retrofit.