San Dimas City Council
April 9, 2024

CITY COUNCIL MEETING AGENDA
TUESDAY APRIL 9, 2024
6:30 PM – PUBLIC RECEPTION
7:00 PM – CITY COUNCIL MEETING
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.
6:30 PM
PUBLIC RECEPTION FOR NEWLY ELECTED OFFICIALS
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 ON CERTIFICATION OF ELECTION RESULTS CERTIFICATION OF ELECTION RESULTS AND COUNCIL INSTALLATION

1. Certification of the March 5, 2024 Consolidated General Municipal Election Results

2. Installation and Oath of Office – City Clerk to Administer Oath of Office to Newly Elected Councilmembers

3. Remarks from Outgoing and Incoming Councilmembers
RECESS AND RECONVENE: The City Council will take a brief recess to allow transition of Councilmembers at dais. City Clerk will perform roll call of the San Dimas City Council.

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.)

RECESS AND RECONVENE: The City Council will take a brief recess to allow transition of Councilmembers at dais. City Clerk will perform roll call of the San Dimas City Council.

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.  Proclamation of April 2024 as Autism Awareness Month CC2. Proclamation of April 2024 as Earthquake Preparedness Month CC3. Approve Resolution 2024­18, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Prepaid Warrant Register of March 31, 2024 in the Amount of $1,649,204.82 and Warrant Register of April 15, 2024 in the amount of $337,649.67.

CC4. Approve Minutes of March 26, 2024 Study Session Meeting and March 26, 2024 Regular Meeting
CC5. Deny Claim Farinha v. City of San Dimas CJP 305821 CC6. Award Construction Contact 2023­10 North Cataract Avenue and Dalepark Drive ­ Street Improvement Project to Sequel Contractors Inc. in the Amount of $339,334.00, and Approval of Overall Project Budget of $447,200.80 Including Construction, Engineering and Contingency CC7. Approve Resolution 2024­19 Approving Precise Plan No. 23­0001 / DPRB No. 23­0008, ACCELA PROJ­23­0051 a Request for a Major Exterior Remodel And A 6,563 Square­Foot Addition With A 340 Square­Foot Covered Patio And Two Decks Totaling 435 Square Feet To An Existing 5,861 Square­Foot Two­Story Office Building Located At 302 E. Foothill Boulevard Within The Commercial­Highway (C­H) Zone With A Scenic Highway Overlay (SHO)
CC8. Approve a Project Budget Appropriation of $158,260, Award Construction Contract 2024­03 Horsethief Canyon Park Sports Field Lighting Retrofit Project to Musco Sports Lighting LLC in the Amount of $143,876.25 as a Sole Source Procurement in Accordance with San Dimas Municipal Code Section 3.28.120 and 3.30.050(B), in a Form Approved by the City Attorney and Authorize the City Manager to Execute Such Agreement as Necessary for an Amount Not to Exceed $158,260
CC9. Adopt Resolution 2024­20 Approving the Engineer’s Report on the Boulevard Assessment District, Declaring Intention to Levy and Collect an increased Assessment, and Fixing a Time and Place for a Public Hearing for Boulevard Open Space Maintenance District No. 1, Tract 32818, Boulevard; Authorize a General Fund Subsidy of $2, 152.92 to Offset the Projected Operating Deficit and Allow for the Same Level of Service to Continue for the Landscape District in FY 2024­25
CC10. Adopt Resolution 2024­21 Approving the Engineer’s Report on the Northwoods Assessment District, Declaring Intention to Levy and Collect an Assessment, and Fixing a Time and Place

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and Authorize the City Manager to Execute Such Agreement as Necessary for an Amount Not to Exceed $158,260
CC9. Adopt Resolution 2024­20 Approving the Engineer’s Report on the Boulevard Assessment District, Declaring Intention to Levy and Collect an increased Assessment, and Fixing a Time and Place for a Public Hearing for Boulevard Open Space Maintenance District No. 1, Tract 32818, Boulevard; Authorize a General Fund Subsidy of $2, 152.92 to Offset the Projected Operating Deficit and Allow for the Same Level of Service to Continue for the Landscape District in FY 2024­25
CC10. Adopt Resolution 2024­21 Approving the Engineer’s Report on the Northwoods Assessment District, Declaring Intention to Levy and Collect an Assessment, and Fixing a Time and Place for a Public Hearing for Open Space Maintenance District No. 1, Annexation No. 3, Tract 32841, Northwoods; Authorize a General Fund Subsidy of $4,449.20 to Offset the Projected Operating Deficit and Allow for the Same Level of Service to Continue for the Landscape District FY 2024­25
CC11. Approval of an Agreement with YWCA for Elderly Nutrition Program Congregate Meal Services for Up to Five Years Totaling $501,661.00; Authorize the City Manager to Sign the Agreement in a Form Approved by the City Attorney
CC12. Approve 1st Amendment to Maintenance Contract No. 2017­03 Annual Striping Maintenance Services with Superior Pavement Markings, Inc. which extends the contract limit amount to $210,000 for FY 2023­24 and extends the contract through August 31, 2024 END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.

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

ADJOURNMENT
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if

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

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

Posting Statement:  I declare under penalty of perjury that on April 5, 2024, I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E. Bonita Ave., San Dimas Library 145 N. Walnut Ave., San Dimas Post Office 300 E. Bonita Ave., Von’s Via Verde Shopping Center 1160 Via Verde Ave., and on the City’s website www.sandimasca.gov/agendas­minutes/ as required by law.

April 5, 2024
Debra Black
Debra Black, City Clerk Page 4
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 9, 2024
From: Chris Constantin, City Manager
Prepared by: Debra Black, City Clerk
Subject: Certification of the March 5, 2024 Consolidated General Municipal Election Results
____________________________________________________________________________

SUMMARY
At the March 5, 2024, Consolidated General Municipal Election the voters of the City of San Dimas voted to seat a Mayor at large and one Councilmember each for Districts 1 and 3.

RECOMMENDATION
Staff recommends that the City Council:
• Adopt Resolution 2024-17, A Resolution declaring the results and other such matters of the March 5, 2024, Consolidated General Municipal Election as provided by law.

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

BACKGROUND
On October 10, 2023, the City Council adopted Resolution 2023-61 calling and giving notice of the March 5, 2024, Consolidated General Municipal Election for Mayor and 1 City Councilmember each for Districts 1 and 3.

California Elections Code §10262(b) provides in a consolidated election, that the City elections official, upon receipt of the results of the election from the Registrar of Voters, shall certify the results to the governing body, no later than the next regularly scheduled City Council meeting following the 28-day canvass of the returns. Based on Elections Code §10263, before installing new officers, the City Council shall adopt a resolution reciting the facts of the election and declare elected the persons for whom the highest numbers of votes were cast for each office.

Certification of the March 5, 2024 Consolidated General Municipal Election Page 2 For the Meeting of April 9, 2024
Additionally, California Elections Code §10265 directs the elections official shall immediately sign and deliver to each person elected a certificate of election and administer to each person elected the oath of office prescribed in the California Constitution.

ALTERNATIVES
The City would have to adhere any Election Code laws if any alternatives are provided.

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

Respectfully submitted,
Debra Black
City Clerk
Attachments:

1. Resolution 2024-17 Certifying Election Results

2. Oaths of Office

ATTACHMENT 1
RESOLUTION 2024-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON MARCH 5, 2024 DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Municipal Election was held and conducted by the Los Angeles County Registrar- Recorder/County Clerk in Norwalk, California, on Tuesday, March 5, 2024 as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law; that candidates were nominated to fill the vacancies as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the Los Angeles County Registrar-Recorder/County Clerk canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as “Exhibit A.”

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

SECTION 1. That the whole number of ballots cast in the precincts except absent voter ballots was 643 in District 1 and 634 in District 3.

That the whole number of absent voter ballots cast in the City was 2,165 in District 1 and 1541 in District 3 making a total of 4,983 ballots cast in the City.

SECTION 2. That the names of persons voted for at the election for Members of the City Council are as follows:

District 1
Eric Weber
James P. Shirley
District 3
Rachel Bratakos
Julia Panasiti

Resolution 2024-17 Page 2
Certifying Results of the March 5, 2024 Consolidated General Municipal Election April 9, 2024
SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit “A” attached.

SECTION 4. The City Council does declare and determine that: Eric Weber was elected as Member of the City Council in District 1 for the full term of four (4) years; and Rachel Bratakos was elected as Member of the City Council in District 3 for the full term of four (4) years.

SECTION 5. The City Clerk shall enter on the records of the City Council of the City a statement of the results of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; (5) The total number of votes given to each person.

SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk.

Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

SECTION 7. That City Clerk shall certify to the passage and adoption of this Resolution and enter it in to the book of original Resolutions.

PASSED, APPROVED AND ADOPTED this 9
th, day of April, 2024.
__________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________________
Debra Black, City Clerk

Resolution 2024-17 Page 3
Certifying Results of the March 5, 2024 Consolidated General Municipal Election April 9, 2024
I HEREBY CERTIFY that the foregoing Resolution 2024-17 was adopted by vote of the City Council of the City of San Dimas at its regular meeting of April 9th, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

Resolution 2024-17 Page 4
Certifying Results of the March 5, 2024 Consolidated General Municipal Election April 9, 2024

EXHIBIT A

Resolution 2024-17 Page 5
Certifying Results of the March 5, 2024 Consolidated General Municipal Election April 9, 2024

Resolution 2024-17 Page 6
Certifying Results of the March 5, 2024 Consolidated General Municipal Election April 9, 2024

Resolution 2024-17 Page 7
Certifying Results of the March 5, 2024 Consolidated General Municipal Election April 9, 2024

Resolution 2024-17 Page 8
Certifying Results of the March 5, 2024 Consolidated General Municipal Election April 9, 2024

ATTACHMENT 2
Certificate of Appointment and Oath of Office
I, Debra Black, City Clerk of the City of San Dimas, State of California, do hereby certify that at an election held in said City on the 5th day of March, 2024, Rachel Bratakos was elected to the office of Councilmember for District 3 as appears by the Official Result of said election on file in my office.

Witness my hand and official seal this 9th day of April 2024. ___________________________
Debra Black, City Clerk

STATE OF CALIFORNIA
County of Los Angeles
I, Rachel Bratakos, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
_________________________________
Rachel Bratakos
Subscribed and sworn to before me, this 9th day of April, 2024. ___________________________
Debra Black, City Clerk

Certificate of Appointment and Oath of Office
I, Debra Black, City Clerk of the City of San Dimas, State of California, do hereby certify that at an election held in said City on the 5th day of March, 2024, Eric Weber was elected to the office of Councilmember for District 1 as appears by the Official Result of said election on file in my office.

Witness my hand and official seal this 9th day of April 2024. ___________________________
Debra Black, City Clerk

STATE OF CALIFORNIA
County of Los Angeles
I, Eric Weber, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
_________________________________
Eric Weber
Subscribed and sworn to before me, this 9th day of April, 2024. ___________________________
Debra Black, City Clerk

Autism Awareness &
Acceptance Month
W HEREAS, City of San Dimas is guided by the principles of inclusivity in its commitment to help improve the lives of all individuals in the diverse community we serve; and
W HEREAS, Autism impacts people regardless of race, ethnicity, and socialeconomic backgrounds; and W HEREAS, while conditions characterized with Autism may challenge communication, social skills, and behavior; and individuals within the Autism Spectrum Disorder (ASD) community present varying qualities, strengths and challenges; and
W HEREAS, in the month of April, we strive to promote Autism awareness, inclusion, and acceptance, and the City of San Dimas is committed to providing equitable access to services, events and activities that support selfdetermination for all Autistic individuals; and W HEREAS, the City recognizes the importance of creating spaces that, beyond acceptance, provide opportunities for representation and celebration of all autism groups; and
W
HEREAS, the City seeks to create a socially conscience community that values and celebrates the unique individuals within the ASD community which celebrates all kinds of minds.

N
OW THEREFORE, I Mayor Emmett G. Badar, Mayor Pro Tem Ryan A. Vienna, Councilmembers John Ebiner, Eric Nakano, and Eric Weber hereby proclaim the month of April 2024 as “Autism Awareness & Acceptance Month” in the City of San Dimas.

I
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 9th, day of April 2024.

Earthquake Preparedness Month
W
HEREAS, Californians have witnessed and experienced earthquakes that have resulted in significant property damage, injuries and loss of life, and indirect costs; and
W
HEREAS, as many as 10,000 earthquakes occur each year in California and mitigation measures can save lives, reduce property damage, and alleviate economic dislocation caused by earthquakes; and W
HEREAS, California is the first state in the nation to offer free, cuttingedge technology designed to alert Californians before shaking begins through the Earthquake Warning California system, including the MyShake App, Android Earthquake Alerts, and Wireless Emergency Alerts;
W
HEREAS, every community member of the City of San Dimas can take proactive steps by learning about the latest technology and innovations available at no-cost to protect their families, employees, and neighbors from earthquakes; and
W
HEREAS, incorporating earthquake warning technology into emergency planning efforts can help mitigate risk of injury and death by providing a few moments warning to take protective actions.

N
OW THEREFORE, I Mayor Emmett G. Badar, Mayor Pro Tem Ryan A.Vienna, Councilmembers John Ebiner, Eric Nakano, and Eric Weber hereby proclaim the month of April 2024 as “Earthquake
Preparedness Month” in the City of San Dimas.

I
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 9th day of April 2024.

RESOLUTION 2024-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR MARCH 31, 2024, AND APRIL 15, 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 Prepaid Warrant Register of March 31, 2024, in the Amount of $1,649,204.82 and Warrant Register of April 15, 2024, in the amount of $337,649.67.

PASSED, APPROVED AND ADOPTED this 9th, day of April 2024. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-18 was approved by vote of the City Council of the City of San Dimas at its regular meeting of April 9th, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

CITY COUNCIL MEETING

ACTION MINUTES
MARCH 26, 2024 5:30 PM

STUDY SESSION MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember John Ebiner, Councilmember Eric Nakano, Councilmember Eric Weber Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Community Development Luis Torrico, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black
Call to Order: 5:40 PM

STUDY SESSION ITEMS COMMENTS/RECOMMENDATIONS

1. Discussion of Board Commission and
Committee Terms
It was the consensus of the Council to have
Commissioner terms begin six months from
the date of the certification and swearing in of
the elected Mayor and Councilmembers,
except for special elections. The Boards
Commissions and Committee Handbook will
be revised to include this language and
brought back to Council for approval.

Council requested an agendized item for
discussion on the composition of the BCC,
specifically whether there should be 5 or 7
commissioners.

Adjourned: 6:36 PM
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk

CITY COUNCIL MEETING

ACTION MINUTES
MARCH 26, 2024 7:00 PM

REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember John Ebiner, Councilmember Eric Nakano, Councilmember Eric Weber Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Director of Community Development Luis Torrico, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black
Call to Order: 7:01 PM

CONSENT ITEMS COMMENTS/RECOMMENDATIONS

1. Adopt Resolution 2024­16, A Resolution
of the City Council of the City of San
Dimas, Approving Certain Demands for
the Warrant Register of March 29, 2024
in the Amount of $315,453.75.

2. Approve the Minutes of the March 12,
2024 City Council Meeting

3. Deny Claim Espinosa v. City of San
Dimas 3050570

4. Deny Claim Ellis v. City of San Dimas
3050931

5. Receive and File the February 2024
Investment Report

6. Approve an Amendment to The
Agreement between the City of San
Dimas and the Humane Society of
Pomona Valley Inc. dba Inland Valley
Humane Society & S.P.C.A to Revert
Back To Crediting Actual Revenues
Earned as Opposed to a Guaranteed
Revenue Credit to Offset Expenditures.

MOTION: Motion/seconded by
Councilmember Ebiner/Mayor Pro Tem
Vienna. Motion carried 5-0.

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

Absent: None
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

March 26, 2024 City Council Minutes Page 2

CITY COUNCIL REQUESTS FOR

FUTURE ITEMS

COMMENTS/RECOMMENDATIONS
None

CLOSED SESSION ITEMS COMMENTS/RECOMMENDATIONS

1. CONFERENCE WITH LEGAL
COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government
Code Section 54956.9(d)(4): One case.

Following the closed session, the City
Attorney made a public announcement that
the City Council met and discussed the
closed session item listed on the agenda, and
that the City Council, by a unanimous vote,
authorized the City Attorney’s Office to initiate
a litigation action. The action, the
defendants, and the other particulars shall,
once the action is formally commenced, be
disclosed to any person upon inquiry.

Adjourned: 8:15 PM
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk

PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
TO: City of San Dimas
ATTENTION: Brad McKinney, Debra Black
RE: Claim : Maria Farinha V. City of San Dimas
Member : Maria Farinha
Date Rec’d by Mbr : 02-15-2024
Date of Event : 02-09-2024
CW File Number : CJP-3050821
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.

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

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

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DIMAS CITY OF SAN DIMAS

ADMINISTRATION
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CLAIM AGAINST THE CITY OF SAN DIMAS
For damages to Persons or Persona! Property)
Received by via 0 US MAIL Inter -Office Mail ; Over the Counter A claim must be filed with the City Clerk of the City of San Dimas within six ( 6) months after which the incident or event occurred. Be sure your claim is against the City of San Dimas, not another public entity, Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, the City of San Dimas, 245 E. Bonita Avenue, San Dimas, CA 91773- 3002

TO THE HONORABLE MAYOR & CITY COUNCIL, THE CITY OF SAN DIMAS, CALIFORNIA The undersigned respectfully submits the following claim and information relative to damage to persona and/ or personal property:
1, Name of Claimant_
a, Address of Claimani
b. Telephone Number
d. Social Security No.

2. Name, telephone and post office address to which claimant desires notices to be sent If other than above:

3. Occurrent or vent from w ich the claim arises:
a. Date 2—
claim
TimeL a. m./ dgp
c, Place ( exact & spadfic I.Qcation)
00-01. 7f-M
r
d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage Use additional paper if necessary) G l
e. What particular action by the City, or its employees, caused the alfeged damage or injury?

Give a description of the injury, property damage or loss, so far as is known at the time of this claim. Ifthere were no injuries, state " no injuries°.

5. Give the name( s) of the City employee( s) causing the damage or in! urv:

6. Name and address of any other persorr) njured:

8. Damages claims:
a. Amount claimed as of this date: $
b. Estimated amount of future costs: $
c. Total amount claimed: S
d. Basis for computation of amounts claimed ( attach copies of all bills, invoices, estimates, etc.)

9. Names and addresses of all witnesses, hospitals, doctors, etc. 10, Any additional information that might b3> ef ul in considering this claim:

WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! ( Penal Code 72; Insurance Code § 556. 1)
I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT.

Signed this day of GCGCF 204 at— 9' &
C irriant' s signature

Customer Number: 68684

MARIA FARINHA
Home: Bus:

Email: email
885683 RUSNAK ARCADIA
101 North Santa Anita Ave.

INVOICE* a Arcadia, CA 91006
626- 701- 8904
www. rLisnakarcadia. com Page 1 of 2 Mercedes-Benz SERVICE - PARTS DEPT. HOURS.

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SATURDAY 8: 00 A. M. TO 4: 00 P. M.

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B RUSNAK MERCEDES BENZ HAS ASKED ME TO REMOVE ANY MONEY OR VALUABLES FROM MY VEHICLE. MY SIGNATURE ON THIS REPATR ORDER ACKNOWLEDGES

THAT RUSNAK MERCEDES BENZ IS NOT RESPONSIBLE FOR ANY LOST OR STOLEN PERSONAL ITEMS.

REMOVE RUSNAK MERCEDES BENZ HAS ASKED ME TO

REMOVE ANY MONEY OR VALUABLES FROM MY
VEHICLE. MY'' SIGNATURE ON': THIS ' REPAT.R` ORDER.

ACKNOWLEDGES THAT RUSNAK MERCEDES BENZ IS
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DESCRIPTION TOTALS

LABOR AMOUNT

PARTS AMOUNT

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SUBLET AMOUNT

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TOTAL CHARGES

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The Vehicle is being returned to you in exchange for payment of the Amount Due. NOTICE TO CONSUMER: PL

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ustomer Number: 68684 885683 RUSNAK ARCADIA
101 North Santa Anita Ave.

INVOICE* Arcadia, CA 91006
626- 701- 8904
MAR/A FAR/NHA ww. rusnakarcadia. com
MONDAY THRU FRIDAY 7: 00 A. M. TO 6: 00 P. M.

SATURDAY 8: 00 A. M. TO 4: 00 P. M.

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b PLEASE CFIECK TIRE PRESSURES. INFLATE TO FACTORY RECOMMENDED

SPECIFICATIONS AND DOCUMENT AS NECESSARY AS PER CALIFORNIA AIR RESOURCES BOARD ( GARB) REQUIREMENTS.

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Mercedes-Benz of Arcadia
101 N. Santa Anita Avenue
Arcadia , CA 91006
626) 462- 3000
Customer Information;
Maria Farinha
Description of Product/ Services
Service Performed
Payment Details:

Paid On: Tuesday, February 13, 2024 04: 41 PM
Credit Card:

XXXX
Card Type:

Payment Type: Chip
Confirmation #: 846928
Dealer Associate: Stacy Yee
Cashier: Stacy Yee
THANK YOU!

RECEIPT
Invoice Details:

Invoice #: P3VIHM2RQ2
Invoice Date: Tuesday, February 13, 2024 04: 41
PM
Repair Order/ Ref #: 885683
Amount
248. 42
Customer Signature
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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 9, 2024
From: Chris Constantin, City Manager
Prepared by: Peter Jacoy, Assistant Engineer
Subject: Award Construction Contact 2023-10 North Cataract Avenue and Dalepark Drive - Street Improvement Project to Sequel Contractors Inc. in the Amount of $339,334.00, and Approval of Overall Project Budget of $447,200.80 Including Construction, Engineering and Contingency
____________________________________________________________________________

SUMMARY
Construction Contract 2023-10, North Cataract Avenue and Dalepark Drive - Street Improvement Project combines removal and replacement of asphalt concrete and Portland cement concrete on Dalepark Drive and North Cataract Avenue from Foothill Boulevard to 400’ North of Dalepark Drive. These roadways show excessive wear, degradation and without rehabilitation will continue to require major maintenance repairs. Repairing this street section will reduce the future maintenance cost, increase safety and will provide an aesthetically pleasing smooth street surface to our residents. In total the project consists of approximately 55,000 square feet of pavement reconstruction and rehabilitation, and restriping traffic legends.

RECOMMENDATION
Staff recommends that City Council consider and approve the following:

1. Award Construction 2023-10 North Cataract Avenue and Dalepark Drive - Street Improvement Project to Sequel Contractors Inc. as the lowest responsive bidder for the bid amount of $339,334.00 subject to receipt of Developer’s contribution of approximately $71,846 for the project.

2. Authorize and appropriate total project budget of $447,200 ($339,334.00 for the construction contract, 20% for contingency and $40,000 for geotechnical testing, survey and engineering services).

Award of Construction Contact 2023-10 North Cataract Ave and Dalepark Dr - SIP Page 2 For the Meeting of April 9, 2024

3. Authorize City Manager, or designee, to execute the Construction Contract with Sequel Contractors Inc. in a form authorized by the City Attorney, subject to receipt of Developer's approximate $71,846 contribution to the project.

FISCAL IMPACT
Construction Contract 2023-10 North Cataract Avenue and Dalepark Drive – Street Improvement Project budget of $571,000 was allocated in FY 2023-24 from Funds restricted for pavement repairs from Road Maintenance and Rehabilitation Act “SB1” (Fund 77), Gas Tax (Fund 02) and Infrastructure (Fund 12).

Should Council move forward with Construction Contract 2023-10 North Cataract Avenue and Dalepark Drive – Street Improvement Project, the total project budget will include the contract construction costs, as well as 20% Contingency, and $40,000.00 for geotechnical testing, survey and engineering service. Incorporating the lowest bid, the project budget is as follows:

Construction Bid $339,334.00
Engineering Services & Inspection $40,000.00
Project Contingency, (20%) $67,866.80
Total Project Budget: $447,200.80
The anticipated total construction project budget expenditure for CC2023-10 North Cataract Avenue and Dalepark Drive - Street Improvement Project is $447,200.80.

BACKGROUND
Construction Contract 2023-10 North Cataract Avenue and Dalepark Drive - Street Improvement Project includes removal and replacement of asphalt concrete and Portland cement concrete as shown in the project location map as shown in attachment 1. These roadways show excessive wear, degradation and without reconstruction will continue to require major maintenance.

Repairing these streets will reduce future maintenance cost, increase safety and will provide an aesthetically pleasing smooth street surface to our residents.

In 2023, Brasada Homes Land, LLC entered into an agreement with the City to pay Brasada’s share of the paving improvements on Cataract Ave. The paving improvements were required as a condition of approval for Tract No. 70583. The amount of the obligation is $71,846. This amount was included in the budget allocation for this project for FY 2023-24. At the time writing of this staff report, Brasada Homes Land, LLC has indicated they are processing payment to the City of the agreed upon amount. The award of contract is contingent upon receipt of this payment.

In total the project consists of approximately 55,000 square feet of pavement reconstruction and rehabilitation using a total of 1,700 Tons of asphalt concrete pavement.

DISCUSSION/ANALYSIS
On February 20, 2024, the City Clerk publicly opened six (6) formal bids for Construction Contract 2023-10, North Cataract Avenue and Dalepark Drive - Street Improvement Project. The preliminary bid results are as follows:

Award of Construction Contact 2023-10 North Cataract Ave and Dalepark Dr - SIP Page 3 For the Meeting of April 9, 2024
Contractor Base Bid
1 Sequel Contractor Inc. $339,334.00
2 Hardy & Harper $355,000.00
3 Onyx Paving Co. $369,000.00
4 Vance Corporation $402,781.00
5 All American Asphalt $408,910.00
6 Copp Contracting Inc. $456,315.00
Following the bid results, Staff reviewed the bid proposal provided by the lowest responsive bidder, Sequel Contractor Inc. and verified that the contractor's bid bond is issued by an admitted surety, as required by Public Contract Code 20170. It was confirmed through the State Contractor's License Board that the contractor's license #610600, Class A, is current and active with an expiration date of January 31, 2025. The contractor is registered through the Department of Industrial Relations as required by law (Registration No. 1000003521).

Staff checked references provided, and Sequel Contractors, Inc. has successfully completed several projects for other agencies. Furthermore, Sequel Contractor Inc. has completed several street improvement projects within the City.

ALTERNATIVES
The City Council may choose to not award or authorize the construction budget for Construction Contract 2023-10 North Cataract Avenue and Dalepark Drive - Street Improvement Project. The funding allocated for construction could be used to complete other future road repairs or pavement preservation projects. Delaying the North Cataract Avenue and Dalepark Drive - Street Improvement Project would result in increased maintenance costs and may require more extensive and costly treatments to complete the future pavement repairs at this location.

ENVIRONMENTAL REVIEW
This item is Categorically Exempt under the California Code of Regulations, Title 14, Section 6, Chapter 3, Article 19, Section 15301 Existing Facilities Class 1 operations which consists of the operation, repair, maintenance or minor alteration of existing public or private facilities involving negligible or no expansion of existing or former use.

Respectfully submitted,
Peter Jacoy
Assistant Engineer
Attachments:

1. CC2023-10 North Cataract Avenue and Dalepark Drive - Street Improvement Project, Location Map

ATTACHMENT 1
Construction Contact 2023-10
North Cataract Avenue and Dalepark Drive - Street Improvement Project Project Location Map

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 9, 2024
From: Chris Constantin, City Manager
Prepared by: Anne Moore, Senior Planner
Subject: Approve Resolution 2024-19 Approving Precise Plan No. 23-0001 / DPRB No. 23-0008, ACCELA PROJ-23-0051 a Request for a Major Exterior Remodel And A 6,563 Square-Foot Addition With A 340 Square-Foot Covered Patio And Two Decks Totaling 435 Square Feet To An Existing 5,861 Square-Foot Two-Story Office Building Located At 302 E. Foothill Boulevard Within The CommercialHighway (C-H) Zone With A Scenic Highway Overlay (SHO) ____________________________________________________________________________

SUMMARY
Mark Gross of Mark Gross & Associates, Inc. on behalf of the property owner, is requesting approval of Precise Plan No. 23-0001 and Development Plan Review Board (DPRB) No. 23- 0008 for a major exterior remodel and a 6,563 square-foot addition with a 340 square-foot covered patio and two decks totaling 435 square feet to an existing 5,861 square-foot two-story office building. The subject site is located at 302 E. Foothill Boulevard within the CommercialHighway (C-H) Zone with a Scenic Highway Overlay (SHO).

On February 22, 2024, the Development Plan Review Board recommended approval of Precise Plan No. 23-0001 and DPRB No. 23-0008 to the Planning Commission.

On March 21, 2024, the Planning Commission adopted Resolution PC-1674 recommending approval of Precise Plan No. 23-0001 and DPRB 23-0008 to the City Council.

RECOMMENDATION
Staff, the Development Plan Review Board, and the Planning Commission recommend that the City Council
• Approve Resolution 2024-19 approving Precise Plan No. 23-0001 and DPRB No. 23- 0008 a Request for a Major Exterior Remodel And A 6,563 Square-Foot Addition With A 340 Square-Foot Covered Patio And Two Decks Totaling 435 Square Feet To An Existing 5,861 Square-Foot Two-Story Office Building Located At 302 E. Foothill

Precise Plan No. 23-0001 / DPRB No. 23-0008 Page 2
For the Meeting of April 9, 2024
Figure 1 – Vicinity Map, subject site highlighted in red.

Boulevard Within The Commercial-Highway (C-H) Zone With A Scenic Highway Overlay (SHO).

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

BACKGROUND
The subject site is located at 302 E. Foothill Boulevard within the Commercial-Highway (C-H) Zone with a Scenic Highway Overlay (SHO) and situated on the southeast corner of Walnut Avenue and Foothill Boulevard (Figure 1). The existing two-story office building, formerly known as the Jackson & Jackson building, was developed in 1993 as part of Precise Plan No. 91-5 and Conditional Use Permit (CUP) No. 89-15, which allowed for a two-story retail nursery in conjunction with outdoor storage on a 2.2-acre site.

The property was purchased in 2023 by the current owner, who operates Walton Construction, Inc. on the adjacent property located immediately to the south and east at 358 E. Foothill Boulevard. The new owner is not proposing to continue the outdoor storage use associated with CUP 89-15; however, is proposing to expand and upgrade the exterior of the existing two-story building. The Applicant, Mark Gross of Mark Gross & Associates, Inc, on behalf of the property owner, submitted an application for a major exterior remodel and expansion of the existing twostory office building.

Pursuant to San Dimas Municipal Code (SDMC) Section 18.108.060, properties designated with the Scenic Highway Overlay are subject to a Precise Plan review to be approved by the City Council. This request was reviewed by the Development Plan Review Board (DPRB) at their February 22, 2024 meeting and the DPRB voted 4-0-1 (Approve/Deny/Abstain) to recommend approval of the project to the Planning Commission (Attachment 4). Board member Bratt abstained from the item as it would be under his purview when it goes before the Planning Commission. On March 21, 2024, the Planning Commission voted 4-0 with Commissioner Davis absent to adopt Resolution PC-1674 recommending approval of Precise Plan No. 23-0001 and DPRB 23-0008 to the City Council (Attachment 3).

E. Foothill Blvd.

N. Dixie Dr.

N. Walnut Ave.

Precise Plan No. 23-0001 / DPRB No. 23-0008 Page 3
For the Meeting of April 9, 2024

DISCUSSION/ANALYSIS
Site Description/Improvements
The proposed improvements include a 6,563 sq. ft. addition with a 340 sq. ft. covered patio and two decks totaling 435 sq. ft. to the existing 5,861 sq. ft. building. Due to the size of the 6,563 sq. ft. addition, which will double the size of the existing building, the existing parking lot area located in front of the building along Foothill Boulevard will be expanded (Attachment 2). The property will require a total of 62 parking spaces with 58 parking spaces provided within the parking lot area and four (4) parking spaces provided within new garage areas added on the western portion of the building. There will be seven (7) additional parking stalls added to the front parking lot, which will be expanded to the east with approval from the L.A. Department of Water and Power (LADWP), which owns a 120’-0” wide easement that runs all across the front part of the lot.

Condition No. 59 is included to ensure that the Applicant obtains all necessary approvals from LADWP and the Metropolitan Water District (MWD) for construction within their respective easement areas including the installation of parking prior to permit issuance from the city. In addition, ADA site improvements for the new parking lot area will be made including the addition of an accessible parking space within the rear parking lot area that did not exist previously.

As part of the discussion at the February 22, 2024 DPRB meeting, the Applicant shared that the owner also intends to remove a portion of the existing six-foot high wall along the south property line to create reciprocal access between the subject property and the adjacent property immediately to the south. This is primarily due to the fact that the property owner operates his business, Walton Construction, Inc. on the adjacent property at 358 E. Foothill Boulevard and allows for better circulation and shared parking between the two properties. Proposed access is shown highlighted in Figure 2. While this access will allow parking to be shared between both sites, all parking requirements are being met on the subject site.

Figure 2 – Partial view of proposed parking lot showing proposed access through adjacent lot.

New landscaped areas subject to compliance with the City’s Model Water Efficient Landscape Ordinance (MWELO) will also be incorporated as part of the overall site improvements. The proposed landscape plans (Attachment 2) will restore the former outdoor nursery stock area into Proposed
Access

Precise Plan No. 23-0001 / DPRB No. 23-0008 Page 4
For the Meeting of April 9, 2024
more appropriate drought tolerant landscaping and decorative concrete paving. The new landscaping will also be carried over to the expanded parking lot area.

Building Design
The existing building was originally designed with a Spanish architectural theme (Figure 3) with the entire exterior of the building finished with textured stucco in a tan color, hipped roof with Spanish tile roofing material, arched windows throughout and a front porch arcade that spans across the entire ground floor level of the front building façade. The height of the existing building is roughly 24’-0” to the existing cornice and approximately 32’-0” to the top of the roof. The proposed exterior changes to the building will raise the cornice height to roughly 28’-0” due to the new parapet walls that will be incorporated into the building to conceal rooftop mechanical equipment. Although the cornice height will increase by about 4’-0”, the only portion of the building that will have a height of 32’-0” will be the front entrance tower element (Figure 4).

Figure 3 – Existing North (Front) Elevation view of building.

The proposed changes to the exterior of the building include the following (Attachment 2):
• Replace hipped roof with a flat roof
• Replace all arched windows with rectangular windows
• Incorporate a thin brick veneer over the existing front porch arcade, front entry tower, and various sections of the ground floor
• Incorporate metal awnings above the majority of second floor windows facing Foothill Boulevard in a Yellow 90 Gloss color
• Addition of 1’-0” architectural projections on the second floor that will be clad with board & batten metal wall panels
• Addition of tempered glass railings on the deck areas located on the second floor • Replace all existing exterior light fixtures with new decorative light fixtures Figure 4 – North (Front) Elevation Colored Rendering.

Precise Plan No. 23-0001 / DPRB No. 23-0008 Page 5
For the Meeting of April 9, 2024
Figure 7 – Proposed New Monument Sign
The areas highlighted in red shown in Figure 4 above show the amount of building area that is going to be added onto the existing building. The expansion of the existing building will be primarily located towards the western end of the building with a small addition consisting of an added stairwell on the eastern end of the building (Attachment 2). The addition along the western end of the building was designed to accommodate the existing 10’-0” wide storm drain easement that runs along the rear portion of the property. The design and major remodel of the building is intended to incorporate contemporary architectural design elements that help to break up the building facade on all sides of the building, which in turn, provide more architectural relief. Many of the exterior elements being proposed are similarly found on the adjacent building at 358 E.

Foothill Boulevard (Figure 5).

Figure 5 – Front Elevation of 358 E. Foothill Blvd.

There also exists on site a monument sign located at the corner of the property (Figure 6), which the property owner also intends to have replaced and redesigned. To ensure compatibility and compliance with the City’s sign code, Condition No. 27 has been included to require the upgrade of the existing monument sign to match the newly remodeled building. The proposed monument sign will incorporate stucco with a smooth trowel finish to match the body of the remodeled building and a new solid metal panel for the sign area (Figure 7).

Figure 6 – Existing Monument Sign

Precise Plan No. 23-0001 / DPRB No. 23-0008 Page 6
For the Meeting of April 9, 2024
Since there is no outdoor storage of materials being proposed as part of this request, the previous CUP, which allowed for the outdoor nursery stock area will be discontinued, and Condition No. 15 has been included to require the Applicant to apply for a new CUP for any outdoor storage that may be proposed in the future. In conclusion, the proposed exterior changes to the existing office building are not out of character with the surrounding commercial highway area and is a major improvement to the existing building.

ALTERNATIVES
There are no alternatives proposed for this request; however, the City Council could elect to propose changes to, or an alternative design for the building expansion.

ENVIRONMENTAL REVIEW
This item is Categorically Exempt under the California Code of Regulations, Title 14, Section 6, Chapter 3, Article 19, Section 15301 Existing Facilities Class 1 operations which consists of the operation, repair, maintenance or minor alteration of existing public or private facilities involving negligible or no expansion of existing or former use.

Respectfully submitted,
Anne Moore
Senior Planner
Attachments:

1. Resolution 2024-19

2. Project Plans

3. Planning Commission Staff Report, March 21, 2024 & PC Resolution No. 1674

4. DPRB Staff Report & Minutes, February 22, 2024

ATTACHMENT 1
RESOLUTION 2024-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, APPROVING PRECISE PLAN 23-0001 AND DEVELOPMENT PLAN REVIEW BOARD 23-0008, A REQUEST FOR A MAJOR EXTERIOR REMODEL AND A 6,563 SQUARE-FOOT ADDITION WITH A 340 SQUARE-FOOT COVERED PATIO AND TWO DECKS TOTALING 435
SQUARE FEET FOR THE PROPERTY LOCATED AT 302 E. FOOTHILL

BOULEVARD WITHIN THE COMMERCIAL-HIGHWAY (C-H) ZONE WITH A SCENIC HIGHWAY OVERLAY (SHO).

WHEREAS, applications were filed for Precise Plan No. 23-0001 and Development Plan Review Board No. 23-0008; PROJ-23-0001 by:

Mark Gross
Mark Gross & Associates, Inc.
8881 Research Drive
Irvine, CA 92618
On behalf of the property owner:
302 Foothill LLC
358 E. Foothill Boulevard
San Dimas, CA 91773
WHEREAS, the Precise Plan No. 23-0001 and Development Plan Review Board No. 23- 0008 is described as:

A request for a major exterior remodel and a 6,563 square-foot addition with a 340 square-foot covered patio, and two decks totaling 435 square feet to an existing 5,861 square-foot two-story office building.

WHEREAS, the Precise Plan No. 23-0001 and Development Plan Review Board No. 23- 0008 applies to the following described real property:
302 E. Foothill Boulevard (APN’S: 8661-017-032 & -018)
WHEREAS, pursuant to San Dimas Zoning Code Section 18.108, properties designated with the Scenic Highway Overlay are subject to a Precise Plan review to be reviewed by the Development Plan Review Board, the Planning Commission, and subsequently by the City Council for a final determination; and
WHEREAS, on February 22, 2024, the Development Plan Review Board, at a regularly held and noticed meeting, heard evidence and recommended approval of Precise Plan No. 23- 0001 and Development Review Board No. 21-0008 to the Planning Commission; and WHEREAS, on March 21, 2024, at the Planning Commission meeting the Commission received the recommendation of approval from the Development Plan Review Board including the written report and recommendation of Staff; a notice was duly given of the public hearing on the matter and the public hearing was held at the hour of 6:00 p.m., with all testimony received being made a part of the public record; and

Resolution 2024-19 Page 2
Precise Plan No. 23-0001 and Development Plan Review Board No. 23-0008; PROJ-23-0001 April 9, 2024
WHEREAS, notice was duly given of the City Council public hearing on the matter and that public hearing was held on April 9, 2024 at the hour of 7:00 p.m., with all testimony received being made part of the public record; and
WHEREAS, the Planning Division has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies under the Class 1 exemption under the State CEQA Guidelines Title 14, Section 6, Chapter 3, Article 19, Section 15301 Existing Facilities Class 1 operations which consists of the operation, repair, maintenance or minor alteration of existing public or private facilities involving negligible or nor expansion of existing or former use. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission and City Council has reviewed the Planning Division’s determination of exemption, and based on thier own independent judgment, concurs in the staff’s determination of exemption.

NOW, THEREFORE, in consideration of the evidence received at Development Plan Review Board meeting on February 22, 2024, and for the reasons discussed by the Board members at the meeting, and the evidence received at the Planning Commission hearing; and or the reasons discussed by the Planning Commissioners at the March 21, 2024 hearing, and the evidence received at the City Council hearing; and or the reasons discussed by the City Council at the April 9, 2024 hearing, and subject to the Conditions attached as “Attachment 1”, the City Council now finds as follows:

DEVELOPMENT PLAN REVIEW BOARD FINDINGS -
A. The development of the site in accordance with the development plan is suitable for the use or development intended.

The development of the site in accordance with the plan is suitable for the use and intended development. The development consists of remodeling an existing 5,861 squarefoot two-story office building including a 6,563 square-foot addition with a 340 square-foot covered patio, and two decks totaling 435 square feet. Although the architectural style of the existing building will be entirely altered as a result of the remodel and additional square footage added onto the building, the new contemporary design style is compatible with the nearby existing office buildings in the vicinity. The proposed site improvements and square footage expansion of the existing two-story office building will not impede any existing easements that run across portions of the property including the 120’-0” wide Los Angeles Department of Water and Power (LADWP) easement, the 40’-0” wide Metropolitan Water District (MWD), and the 10’-0” wide City storm drain easements. Additionally, there will be adequate parking provided on site for the existing use including accessible parking stalls located in both the front and rear parking lots on the subject site. The proposed development will be in compliance with the subject zone and is compatible with surrounding uses within the vicinity.

Resolution 2024-19 Page 3
Precise Plan No. 23-0001 and Development Plan Review Board No. 23-0008; PROJ-23-0001 April 9, 2024
B. The total development is so arranged as to avoid traffic congestion, ensure the public health, safety and general welfare, prevent adverse effects on neighboring property.

The subject site is currently accessed via a primary driveway located along Foothill Boulevard and two secondary driveways located along Walnut Avenue. The project site is located off of Foothill Boulevard, which is a major arterial and has capacity to accommodate the number of vehicle trips that would be generated during the morning and evening peak hours. It is anticipated that traffic on local roads would be negligible since the existing two-story office building, which was developed in 1993, is only expanding the building footprint to be able to accommodate additional office space. The property owner also operates out of the existing two-story office building located on the adjacent lot to east and south and intends to create an opening between the two lots to further improve vehicular circulation through the project site. The nearest residential uses, which are located along Walnut Avenue are approximately 60 feet away from the project site. Most of the parking and operations of the facility are located along the northern portion of the building along Foothill Boulevard. The south property line of the project site has an existing woodcrete concrete wall system that is 6’-0” high with a number of mature trees in front of the wall that provides noise attenuation as well as security. The City has not received complaints from nearby residential uses related to the operation of the existing two-story office building. All commercial projects are required to comply with the City’s noise regulations and the City enforces violations related to noise and property maintenance.

C. The development is consistent with all elements of the general plan and is in compliance with all applicable provisions of the zoning code and other ordinances and regulations of the city.

The development is consistent with the General Plan Land Use Element Policies, Goal #5 that calls to “provide well planned commercial centers and nodes. Discourage “strip” commercial development.” Policy 5.1.1 states “encourage employee-based business uses with a higher ratio of employee to floor area.” The proposed project is also consistent with this Policy of the General Plan because it expands an existing local business that is located along a major arterial of the northern part of the City. The project meets all the development standards set forth in the Commercial Highway (C-H) Zone and Scenic Highway Overlay (SHO).

NOW, THEREFORE, BE IT FURTHER RESOLVED, PURSUANT TO THE ABOVE FINDINGS, that the City Council of the City of San Dimas grants approval of Precise Plan No. 23- 0001 and Development Plan Review Board No. 23-0008, subject to compliance with the Conditions as set forth in Attachment 1.

PASSED, APPROVED and ADOPTED, the 9th day of April, 2024. _____________________________
Emmett G. Badar, Mayor

Resolution 2024-19 Page 4
Precise Plan No. 23-0001 and Development Plan Review Board No. 23-0008; PROJ-23-0001 April 9, 2024
ATTEST:
_______________________________________
Debra Black, City Clerk
I Debra Black, City Clerk, hereby certify that Resolution 2024-19 was adopted by the City Council of San Dimas at its regular meeting of April 9, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________________
Debra Black, City Clerk

Resolution 2024-19 Page 5
Precise Plan No. 23-0001 and Development Plan Review Board No. 23-0008; PROJ-23-0001 April 9, 2024
Attachment 1
Conditions of Approval for
DPRB No. 23-0008 / Precise Plan No. 23-0001
ACCELA PROJ-23-0051
A request for a major exterior remodel and a 6,563 sq. ft. addition with a 340 sq. ft. covered patio and two decks totaling 435 sq. ft. to an existing 5,861 sq. ft. two-story office building located at 302 E. Foothill Boulevard within the Commercial-Highway (C-H) Zone with a Scenic Highway Overly (SHO) (APN’S: 8661-017-032 & -018).

PLANNING DIVISION - (909) 394-6250

GENERAL

1. The Applicant/Developer shall agree to defend at his sole expense any action brought against the City, its agents, officers or employees because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers or employees for any Court costs and attorney’s fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action.

The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition.

2. The Applicant/Developer shall be responsible for any City Attorney costs incurred by the City for the project, including, but not limited to, consultations, and the preparation and/or review of legal documents. The applicant shall deposit funds with the City to cover these costs in an amount to be determined by the City.

3. Copies of the signed Development Plan Review Board (DPRB) Conditions of Approval shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect.

4. The Applicant/Developer shall comply with all Zoning Ordinances applicable to the project/request.

5. The building permits for this project must be issued and construction commenced and diligently pursued toward completion within one (1) year from the date of approval or the approval will become invalid. A time extension may be granted under the provisions set forth in Chapter 18.12.070 F.

6. The Applicant/Developer shall sign an affidavit accepting all Conditions and all Standard Conditions before issuance of building permits.

Resolution 2024-19 Page 6
Precise Plan No. 23-0001 and Development Plan Review Board No. 23-0008; PROJ-23-0001 April 9, 2024

7. The Applicant/Developer shall comply with all City of San Dimas Business License requirements and shall provide a list of all contractors and subcontractors that are subject to business license requirements.

8. The Applicant/Developer shall comply with all Conditions of Approval as recommended for approval by the Development Plan Review Board on February 22, 2024 and the Planning Commission on March 21, 2024, and approved by the City Council on April 9, 2024.

9. Prior to the start of construction, the Applicant/Developer shall install a minimum five-foot (5’) high chain-link fence or other approved material which shall have a dark green or black colored view obscuring screen. The fence shall totally enclose the project site when vacant, under construction or under demolition and said fence shall remain until occupancy is granted.

10. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours.

11. During grading and construction phases, the construction manager shall serve as the contact person in the event that dust or noise levels become disruptive to local residents. A sign shall be posted at the project site with the contact phone number.

12. Businesses and public entities that dispose of 4 cubic yards/week of solid waste, and residential projects of five or more units shall comply with the state Model Ordinance adopted pursuant to the California Solid Waste Reuse and Recycling Access Act of 1991.

This shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials. Recycling programs shall be implemented in coordination with the trash company. Program shall include weekly collection of recyclable material using any combination of bins or 96-gallon waste containers (residential) in sufficient numbers to contain recyclables generated each week.

13. Graffiti shall be removed within 72 hours from the project site.

14. All parking provided shall meet the requirements of Section 18.156 of the San Dimas Municipal Code.

15. The existing conditional use permit (CUP 89-15) for the property will be terminated as part of this approval. There shall be no outdoor storage of materials as part of this project approval. Any proposed outdoor storage use shall require the submittal of a new conditional use permit, which will be subject to review and approval by the Planning Commission. Any overnight outdoor storage of vehicles associated with the business shall be at the discretion of the Director of Community Development.

DESIGN

16. Building architecture and site plan shall be consistent with plans presented to the Development Plan Review Board on February 22, 2024, the Planning Commission on March 21, 2024, and the City Council on April 9, 2024, provided that the Director of Community Development is authorized to make revisions consistent with the San Dimas Municipal Code.

Resolution 2024-19 Page 7
Precise Plan No. 23-0001 and Development Plan Review Board No. 23-0008; PROJ-23-0001 April 9, 2024

17. Plans for all exterior design features, including, but not limited to, doors, windows, mailboxes and architectural treatments, shall be submitted to the Planning Division for review and approval before issuance of building permits.

18. The lighting fixture design shall complement the architectural program. Location and type of exterior lighting fixtures shall be submitted by the developer to the Planning Division for review and approval prior to installation.

19. The Applicant/Developer shall install the parking lot lighting in accordance with a lighting plan showing illumination levels and lighting distribution, as approved by the Planning Division. Shielding shall be implemented where appropriate to reduce light emissions onto adjoining properties. A lighting plan shall be submitted for review and approval, in addition to a $1,500 deposit for review of the plans.

20. All roof-mounted equipment and appurtenances shall be totally screened from public view and shall be located below the building parapet. The applicant shall supply a section drawing indicating the parapet height and all proposed roof equipment. In the event additional screening is necessary, it shall be approved by the Planning Division and installed prior to final inspection and occupancy.

21. Trash/Recycling enclosure(s) shall be constructed by the Applicant/Developer per City of San Dimas standard plan and shown on the construction plans. The exact location of the trash/recycling enclosure(s) shall be approved by the Planning Division and the Trash Company.

22. Gas meters, backflow prevention devices and other ground-mounted mechanical or electrical equipment installed by the Applicant/Developer shall be inconspicuously Iocated and screened, as approved by the Director of Community Development. Location of this equipment shall be clearly noted on landscape construction documents.

23. Electrical and other service facilities shall be located within an interior electrical room or approved comparable location. All electrical service facilities shall be totally screened from public view, as approved by the Planning Division.

24. Downspout pipes shall be placed on the inside of the building or concealed within architectural features of the building. When downspout pipes exit the building within the landscaped area, a splash pad shall be provided subject to review and approval by the Planning Division. The downspout pipe nozzle shall be decorative.

25. All exterior building colors shall match the color and material board on file with the Planning Division. The proposed awnings shall be the FS 13538 Yellow 90 Gloss color. Any revision to the approved building colors shall be submitted to the Planning Division for review and approval.

26. The Applicant/Developer shall paint all exposed flashing and/or exposed vents the same color as the adjacent wall/roof.

27. The existing monument sign shall be redesigned to match the newly remodeled building.

The new monument sign shall be reviewed separately by the Planning Division. The building

Resolution 2024-19 Page 8
Precise Plan No. 23-0001 and Development Plan Review Board No. 23-0008; PROJ-23-0001 April 9, 2024
final for the remodel and expansion will not be issued until after the new monument sign has been redesigned, including but not limited to its sign height, size, materials, and area requirements.

LANDSCAPE

28. No mature trees shall be removed as part of this approval. If any trees are proposed to be removed, the Applicant shall apply for a Tree Removal Permit that is subject to review by the Planning Division.

29. The Applicant/Developer shall submit to the Planning Division, prior to the issuance of building permits, a separate landscape plan for landscape areas on site that are affected due to the exterior remodel and site work improvements. Installation of new landscape is subject to the Model Water Efficient Landscape Ordinance (MWELO). Water efficient landscapes shall be implemented in all new and rehabilitated landscaping in single-family and multi-family projects, and in private development projects that require a grading permit, building permit or use permit, as required by Chapter 18.14 of the San Dimas Municipal Code. Installation of landscaping and irrigation shall be completed prior to final of the project.

30. All landscaping and automatic irrigation shall be installed and functional prior to occupancy of the building(s), in accordance with the plans approved by the Planning Division.

BUILDING DIVISION – (909) 394-6260

31. The plans shall be prepared in compliance with the latest edition of the codes as amended and adopted by reference by the City of San Dimas: California Green Building Standards Code, California Building Code, California Residential Code, California Mechanical Code, California Plumbing Code, and California Electrical Code.

32. The Applicant/Developer shall comply with the latest California Title 24 Energy requirements for all new lighting, insulation, and mechanical equipment and submit calculations and signed at time of initial plan review. All exterior lighting to comply with required lighting density limits, controls and BUG standards.

33. The Applicant/Developer shall submit to the Building Division of the City of San Dimas plans that have been reviewed and approved by the Los Angeles County Fire Department. Plans may include access, fire sprinklers, mechanical ventilation, and any other applicable items regulated under the Fire Code.

34. The Applicant/Developer shall comply with the latest disabled access regulations as found in Title 24 of the California Code of Regulations and the Americans with Disabilities Act. Accessible items shall include, but not be limited to: Path of travel requirements and facilities, accessible path from public right of way, parking facilities, including garage facility, accessible pedestrian routes, interior path of travel, public/common use areas, restrooms, breakrooms, etc.

Resolution 2024-19 Page 9
Precise Plan No. 23-0001 and Development Plan Review Board No. 23-0008; PROJ-23-0001 April 9, 2024

35. All plans are required to be stamped by a California Registered Engineer or Architect unless specifically exempted by Sections 5537-5538 of the California Business & Professions Code.

36. Construction calculations, including lateral analysis, shall be required at the time plans are submitted for plan check.

37. Mechanical, Electrical and Plumbing plans are required to be submitted at time of initial plan submittal. Electrical schematic and load calculations, and plumbing (drain, waste, vent, water, and gas) schematics will be required before issuance of electrical or plumbing permits.

38. The Applicant/Developer shall submit a Drainage Plan for the proposed development to be reviewed and approved by the City Engineer and the Building Official.

39. Prior to the issuance of any grading or building permits, the Applicant/Developer shall submit an updated Engineering Geology/Soils Report that includes an accurate description of the geology of the site and conclusions and recommendations regarding the effect of the geologic conditions on the proposed development and include a discussion of the expansiveness of the soils and recommended measures for foundations and slabs on grade to resist volumetric changes of the soil.

40. Prior to the inspection of the foundation, the Applicant/Developer shall submit a footing bottom compaction certification by a licensed soils technician who is working under the direct supervision of the Geologist of Record.

41. Applicant to expose uninspected work started without permit for code verification at discretion of Building Inspector.

42. Fees shall be paid to Bonita Unified School District in compliance with Government Code Section 65995.

43. The Applicant/Developer shall Contact the Los Angeles County Public Works Department, Environmental Program Division for any required permit or clearance of industrial and hazardous waste disposal.

44. The Applicant/Developer shall Contact the Los Angeles County Sanitation District for potential fees associated with annexation, connection, or change of occupancy

45. The Applicant/Developer shall comply with CAL Green Section 5.408.2 “Commercial Mandatory Measures, Commercial waste recycling”.

46. The Applicant/Developer shall submit an Electrical Distribution Plan for all proposed switchgear or transformers to the City for review as soon as available.

47. Construction hours shall be limited to between 7:00 a.m. and 8:00 p.m., and shall be prohibited at any time on Sundays or public holidays, per San Dimas Municipal Code Section 8.36.100.

Resolution 2024-19 Page 10
Precise Plan No. 23-0001 and Development Plan Review Board No. 23-0008; PROJ-23-0001 April 9, 2024
ENGINEERING DIVISION – (909) 394-6240

48. Trash/Recycling enclosure(s) shall be constructed by the Applicant/Developer per City of San Dimas standard plan and shown on the construction plans. The exact location of the trash/recycling enclosure(s) shall be approved by the Planning Division and the Trash Company.

49. The Applicant/Developer shall submit a Precise Paving and Drainage Plan for the proposed development to be reviewed and approved by the City Engineer and the Director of Community Development. Plans shall include a composite utility location, paving and striping plan as well as the size of the disturbed area and the volumetric amount of cut, fill, and over-excavation.

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

51. The Applicant shall provide drainage improvements to carry runoff of storm waters in the area proposed to be developed to be reviewed and approved by the City Engineer. The proposed drainage improvements shall be based on a detailed Hydrology Study conforming to the current Los Angeles County methodology. The developed flows out letting into the existing downstream system(s) from this project cannot exceed the pre-existing storm flows.

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

53. For all non-exempt projects which disturb less than one (1) acre of soil and are not part of a larger common plan of development which in total disturbs one acre or more, Applicant/Developer must submit a signed certification statement declaring that the contractor will comply with Minimum Best Management Practices (BMPs) required by the MS4 permit for Los Angeles County as mandated by the National Pollutant Discharge Elimination System (NPDES). Additionally, all projects within this category will require the preparation and submittal by the Applicant/Developer a local Stormwater Pollution Prevention Plan/Wet Weather Erosion Control Plan. The project proponent is ultimately responsible to comply with all requirements of the MS4 permit, which the City of San Dimas enforces. The City of San Dimas has the authority to enter the project site, review the local SWPPP/WWECP and require modifications and subsequent implementation to the local SWPPP/WWECP in order to prevent polluted runoff from leaving the project site onto private or public property. In order to manage storm water drainage during construction, one or more of the following measures shall be implemented to prevent flooding of adjacent property, prevent erosion and retain soil runoff on the site:
a. Retention basins of sufficient size shall be utilized to retain storm water on the site. (BMP SE-2, Sedimentation Basin)
b. Where storm water is conveyed to a public drainage system, collection point, gutter, or similar disposal method, water shall be filtered by use of a barrier system, wattle, or other method approved by the enforcing agency. (BMPs SE-1, Silt Fence; SE-5, Fiber Rolls; SE-6, Gravel Bag Berm)

Resolution 2024-19 Page 11
Precise Plan No. 23-0001 and Development Plan Review Board No. 23-0008; PROJ-23-0001 April 9, 2024

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

55. The Applicant/Developer shall obtain a Public Works permit for all work within or adjacent to the public right-of-way and shall be subject to review and approval of the Public Works Director and the work shall be in accordance with applicable standards of the City of San Dimas; i.e. Standard Specifications for Public Works Construction (Green Book) and the California Manual of Uniform Traffic Control Devices (CA MUTCD), and further that the construction equipment ingress and egress be controlled by a plan approved by Public Works.

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

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

58. Construction parking and material storage shall be confined to the site. Construction related parking or material storage is not permitted on the surrounding streets.

59. The Applicant/Developer shall obtain all approvals from Los Angeles Department of Water & Power (LADWP) and Metropolitan Water District (MWD) for construction within their respective easement areas including the installation of parking prior to permit issuance from the City of San Dimas.

60. The Applicant /Developer shall provide calculations verifying that the proposed construction will not impact the adjacent existing City of San Dimas storm drain conduit.

Resolution 2024-19 Page 12
Precise Plan No. 23-0001 and Development Plan Review Board No. 23-0008; PROJ-23-0001 April 9, 2024

61. The Applicant/Developer shall contact Waste Management to determine the required refuse level of service per California state law.

End of Conditions

ATTACHMENT 2

Agenda Item Staff Report
To: Honorable Chair and Members of Planning Commission
For the Meeting of March 21, 2024
From: Luis Torrico, Director of Community Development
Prepared by: Anne Moore, Senior Planner
Subject: PRECISE PLAN No. 23-0001 / DPRB No. 23-0008 – A request for a major exterior remodel and a 6,563 square-foot addition with a 340 square-foot covered patio and two decks totaling 435 square feet to an existing 5,861 square-foot two-story office building located at 302 E. Foothill Boulevard within the Commercial-Highway (C-H) Zone with a Scenic Highway Overlay (SHO). ____________________________________________________________________________

SUMMARY
Mark Gross of Mark Gross & Associates, Inc., on behalf of the property owner, is requesting approval of Precise Plan No. 23-0001 and DPRB No. 23-0008 for a major exterior remodel and a 6,563 square-foot addition with a 340 square-foot covered patio and two decks totaling 435 square feet to an existing 5,861 square-foot two-story office building. The subject site is located at 302 E. Foothill Boulevard within the Commercial-Highway (C-H) Zone with a Scenic Highway Overlay (SHO).

On February 22, 2024, the Development Plan Review Board recommended approval of Precise Plan No. 23-0001 and Development Plan Review Board No. 23-0008 to the Planning Commission.

RECOMMENDATION
Staff and the Development Plan Review Board recommend that the Planning Commission Adopt Resolution PC-1674 (Attachment 1), recommending approval of Precise Plan No. 23-0001 and DPRB No. 23-0008 to the City Council.

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

ATTACHMENT 3

Precise Plan No. 23-0001 / DPRB No. 23-0008 Page 2
For the Meeting of March 21, 2024
Figure 1 – Vicinity Map, subject site highlighted in red.

BACKGROUND
The subject site is located at 302 E. Foothill Boulevard within the Commercial-Highway (C-H) Zone with a Scenic Highway Overlay (SHO) and situated on the southeast corner of Walnut Avenue and Foothill Boulevard (Figure 1). The existing two-story office building, formerly known as the Jackson & Jackson building, was developed in 1993 as part of Precise Plan No. 91-5 and Conditional Use Permit (CUP) No. 89-15, which allowed for a two-story retail nursery in conjunction with outdoor storage on a 2.2-acre site.

The property was purchased in 2023 by the current owner, who operates Walton Construction, Inc. on the adjacent property located immediately to the south and east at 358 E. Foothill Boulevard. The new owner is not proposing to continue the outdoor storage use associated with CUP 89-15; however, is proposing to expand and upgrade the exterior of the existing two-story building. The Applicant, Mark Gross of Mark Gross & Associates, Inc, on behalf of the property owner, submitted an application for a major exterior remodel and expansion of the existing twostory office building.

Pursuant to San Dimas Municipal Code (SDMC) Section 18.108.060, properties designated with the Scenic Highway Overlay are subject to a Precise Plan review to be approved by the City Council. This request was reviewed by the Development Plan Review Board (DPRB) at their February 22, 2024 meeting and voted 4-0-1 to recommend approval of the project to the Planning Commission (Attachment 3). Board member Bratt abstained from the item as it would be under his purview when it goes before the Planning Commission.

DISCUSSION/ANALYSIS
Site Description/Improvements
The proposed improvements include a 6,563 sq. ft. addition with a 340 sq. ft. covered patio and two decks totaling 435 sq. ft. to the existing 5,861 sq. ft. building. Due to the size of the 6,563 sq. ft. addition, which will double the size of the existing building, the existing parking lot area located in front of the building along Foothill Boulevard will be expanded (Attachment 2). The property will require a total of 62 parking spaces with 58 parking spaces provided within the parking lot area E. Foothill Blvd.

N. Dixie Dr.

N. Walnut Ave.

Precise Plan No. 23-0001 / DPRB No. 23-0008 Page 3
For the Meeting of March 21, 2024
and four (4) parking spaces provided within new garage areas added on the western portion of the building. There will be seven (7) additional parking stalls added to the front parking lot, which will be expanded to the east with approval from the L.A. Department of Water and Power (LADWP), which owns a 120’-0” wide easement that runs all across the front part of the lot.

Condition No. 59 is included to ensure that the Applicant obtains all necessary approvals from LADWP and the Metropolitan Water District (MWD) for construction within their respective easement areas including the installation of parking prior to permit issuance from the city. In addition, ADA site improvements for the new parking lot area will be made including the addition of an accessible parking space within the rear parking lot area that did not exist previously.

As part of the discussion at the February 22, 2024 DPRB meeting, the Applicant shared that the owner also intends to remove a portion of the existing six-foot high wall along the south property line to create reciprocal access between the subject property and the adjacent property immediately to the south. This is primarily due to the fact that the property owner operates his business, Walton Construction, Inc. on the adjacent property at 358 E. Foothill Boulevard and allows for better circulation and shared parking between the two properties. Proposed access is shown highlighted in Figure 2. While this access will allow parking to be shared between both sites, all parking requirements are being met on the subject site.

Figure 2 – Partial view of proposed parking lot showing proposed access through adjacent lot.

New landscaped areas subject to compliance with the City’s Model Water Efficient Landscape Ordinance (MWELO) will also be incorporated as part of the overall site improvements. The proposed landscape plans (Attachment 2) will restore the former outdoor nursery stock area into more appropriate drought tolerant landscaping and decorative concrete paving. The new landscaping will also be carried over to the expanded parking lot area.

Building Design
The existing building was originally designed with a Spanish architectural theme (Figure 3) with the entire exterior of the building finished with textured stucco in a tan color, hipped roof with Spanish tile roofing material, arched windows throughout and a front porch arcade that spans across the entire ground floor level of the front building façade. The height of the existing building Proposed
Access

Precise Plan No. 23-0001 / DPRB No. 23-0008 Page 4
For the Meeting of March 21, 2024
is roughly 24’-0” to the existing cornice and approximately 32’-0” to the top of the roof. The proposed exterior changes to the building will raise the cornice height to roughly 28’-0” due to the new parapet walls that will be incorporated into the building to conceal rooftop mechanical equipment. Although the cornice height will increase by about 4’-0”, the only portion of the building that will have a height of 32’-0” will be the front entrance tower element (Figure 4).

Figure 3 – Existing North (Front) Elevation view of building.

The proposed changes to the exterior of the building include the following (Attachment 2):
• Replace hipped roof with a flat roof
• Replace all arched windows with rectangular windows
• Incorporate a thin brick veneer over the existing front porch arcade, front entry tower, and various sections of the ground floor
• Incorporate metal awnings above the majority of second floor windows facing Foothill Boulevard in a Yellow 90 Gloss color
• Addition of 1’-0” architectural projections on the second floor that will be clad with board & batten metal wall panels
• Addition of tempered glass railings on the deck areas located on the second floor • Replace all existing exterior light fixtures with new decorative light fixtures Figure 4 – North (Front) Elevation Colored Rendering.

The areas highlighted in red shown in Figure 4 show the amount of building area that is going to be added onto the existing building. The expansion of the existing building will be primarily located towards the western end of the building with a small addition consisting of an added stairwell on the eastern end of the building (Attachment 2). The addition along the western end of the building was designed to accommodate the existing 10’-0” wide storm drain easement that runs along the rear portion of the property. The design and major remodel of the building is intended to incorporate contemporary architectural design elements that help to break up the building facade

Precise Plan No. 23-0001 / DPRB No. 23-0008 Page 5
For the Meeting of March 21, 2024
Figure 7 – Proposed New Monument Sign
on all sides of the building, which in turn, provide more architectural relief. Many of the exterior elements being proposed are similarly found on the adjacent building at 358 E. Foothill Boulevard (Figure 5).

Figure 5 – Front Elevation of 358 E. Foothill Blvd.

There also exists on site a monument sign located at the corner of the property (Figure 6), which the property owner also intends to have replaced and redesigned. To ensure compatibility and compliance with the City’s sign code, Condition No. 27 has been included to require the upgrade of the existing monument sign to match the newly remodeled building. The proposed monument sign will incorporate stucco with a smooth trowel finish to match the body of the remodeled building and a new solid metal panel for the sign area (Figure 7).

Figure 6 – Existing Monument Sign

Precise Plan No. 23-0001 / DPRB No. 23-0008 Page 6
For the Meeting of March 21, 2024
Since there is no outdoor storage of materials being proposed as part of this request, the previous CUP, which allowed for the outdoor nursery stock area will be discontinued, and Condition No. 15 has been included to require the Applicant to apply for a new CUP for any outdoor storage that may be proposed in the future. In conclusion, the proposed exterior changes to the existing office building are not out of character with the surrounding commercial highway area and is a major improvement to the existing building.

ENVIRONMENTAL REVIEW
The proposed project is Categorically Exempt under CEQA guidelines, Title 14, Section 6, Chapter 3, Article 19, Section 15301 Existing Facilities Class 1 operations which consists of the operation, repair, maintenance or minor alteration of existing public or private facilities involving negligible or no expansion of existing or former use.

Respectfully submitted,
Anne Moore
Senior Planner
Attachments:

1. Resolution PC-1674

2. Project Plans

3. February 22, 2024 DPRB Staff Report & Draft Minutes

RESOLUTION PC-1674 Page 5
Attachment 1
Conditions of Approval for
DPRB No. 23-0008 / Precise Plan No. 23-0001
ACCELA PROJ-23-0051
A request for a major exterior remodel and a 6,563 sq. ft. addition with a 340 sq. ft. covered patio and two decks totaling 435 sq. ft. to an existing 5,861 sq. ft. two-story office building located at 302 E. Foothill Boulevard within the Commercial-Highway (C-H) Zone with a Scenic Highway Overly (SHO) (APN’S: 8661-017-032 & -018).

PLANNING DIVISION - (909) 394-6250

GENERAL

1. The Applicant/Developer shall agree to defend at his sole expense any action brought against the City, its agents, officers or employees because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers or employees for any Court costs and attorney’s fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action.

The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition.

2. The Applicant/Developer shall be responsible for any City Attorney costs incurred by the City for the project, including, but not limited to, consultations, and the preparation and/or review of legal documents. The applicant shall deposit funds with the City to cover these costs in an amount to be determined by the City.

3. Copies of the signed Development Plan Review Board (DPRB) Conditions of Approval shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect.

4. The Applicant/Developer shall comply with all Zoning Ordinances applicable to the project/request.

5. The building permits for this project must be issued and construction commenced and diligently pursued toward completion within one (1) year from the date of approval or the approval will become invalid. A time extension may be granted under the provisions set forth in Chapter 18.12.070 F.

6. The Applicant/Developer shall sign an affidavit accepting all Conditions and all Standard Conditions before issuance of building permits.

7. The Applicant/Developer shall comply with all City of San Dimas Business License requirements and shall provide a list of all contractors and subcontractors that are subject to business license requirements.

RESOLUTION PC-1674 Page 6

8. The Applicant/Developer shall comply with all Conditions of Approval as recommended for approval by the Development Plan Review Board on February 22, 2024 and the Planning Commission on March 21, 2024.

9. Prior to the start of construction, the Applicant/Developer shall install a minimum five-foot (5’) high chain-link fence or other approved material which shall have a dark green or black colored view obscuring screen. The fence shall totally enclose the project site when vacant, under construction or under demolition and said fence shall remain until occupancy is granted.

10. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours.

11. During grading and construction phases, the construction manager shall serve as the contact person in the event that dust or noise levels become disruptive to local residents. A sign shall be posted at the project site with the contact phone number.

12. Businesses and public entities that dispose of 4 cubic yards/week of solid waste, and residential projects of five or more units shall comply with the state Model Ordinance adopted pursuant to the California Solid Waste Reuse and Recycling Access Act of 1991.

This shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials. Recycling programs shall be implemented in coordination with the trash company. Program shall include weekly collection of recyclable material using any combination of bins or 96-gallon waste containers (residential) in sufficient numbers to contain recyclables generated each week.

13. Graffiti shall be removed within 72 hours from the project site.

14. All parking provided shall meet the requirements of Section 18.156 of the San Dimas Municipal Code.

15. The existing conditional use permit (CUP 89-15) for the property will be terminated as part of this approval. There shall be no outdoor storage of materials as part of this project approval. Any proposed outdoor storage use shall require the submittal of a new conditional use permit, which will be subject to review and approval by the Planning Commission. Any overnight outdoor storage of vehicles associated with the business shall be at the discretion of the Director of Community Development.

DESIGN

16. Building architecture and site plan shall be consistent with plans presented to the Development Plan Review Board on February 22, 2024 and the Planning Commission on March 21, 2024, provided that the Director of Community Development is authorized to make revisions consistent with the San Dimas Municipal Code.

17. Plans for all exterior design features, including, but not limited to, doors, windows, mailboxes and architectural treatments, shall be submitted to the Planning Division for review and approval before issuance of building permits.

RESOLUTION PC-1674 Page 7

18. The lighting fixture design shall complement the architectural program. Location and type of exterior lighting fixtures shall be submitted by the developer to the Planning Division for review and approval prior to installation.

19. The Applicant/Developer shall install the parking lot lighting in accordance with a lighting plan showing illumination levels and lighting distribution, as approved by the Planning Division. Shielding shall be implemented where appropriate to reduce light emissions onto adjoining properties. A lighting plan shall be submitted for review and approval, in addition to a $1,500 deposit for review of the plans.

20. All roof-mounted equipment and appurtenances shall be totally screened from public view and shall be located below the building parapet. The applicant shall supply a section drawing indicating the parapet height and all proposed roof equipment. In the event additional screening is necessary, it shall be approved by the Planning Division and installed prior to final inspection and occupancy.

21. Trash/Recycling enclosure(s) shall be constructed by the Applicant/Developer per City of San Dimas standard plan and shown on the construction plans. The exact location of the trash/recycling enclosure(s) shall be approved by the Planning Division and the Trash Company.

22. Gas meters, backflow prevention devices and other ground-mounted mechanical or electrical equipment installed by the Applicant/Developer shall be inconspicuously Iocated and screened, as approved by the Director of Community Development. Location of this equipment shall be clearly noted on landscape construction documents.

23. Electrical and other service facilities shall be located within an interior electrical room or approved comparable location. All electrical service facilities shall be totally screened from public view, as approved by the Planning Division.

24. Downspout pipes shall be placed on the inside of the building or concealed within architectural features of the building. When downspout pipes exit the building within the landscaped area, a splash pad shall be provided subject to review and approval by the Planning Division. The downspout pipe nozzle shall be decorative.

25. All exterior building colors shall match the color and material board on file with the Planning Division. The proposed awnings shall be the FS 13538 Yellow 90 Gloss color. Any revision to the approved building colors shall be submitted to the Planning Division for review and approval.

26. The Applicant/Developer shall paint all exposed flashing and/or exposed vents the same color as the adjacent wall/roof.

27. The existing monument sign shall be redesigned to match the newly remodeled building.

The new monument sign shall be reviewed separately by the Planning Division. The building final for the remodel and expansion will not be issued until after the new monument sign has been redesigned, including but not limited to its sign height, size, materials, and area requirements.

RESOLUTION PC-1674 Page 8

LANDSCAPE

28. No mature trees shall be removed as part of this approval. If any trees are proposed to be removed, the Applicant shall apply for a Tree Removal Permit that is subject to review by the Planning Division.

29. The Applicant/Developer shall submit to the Planning Division, prior to the issuance of building permits, a separate landscape plan for landscape areas on site that are affected due to the exterior remodel and site work improvements. Installation of new landscape is subject to the Model Water Efficient Landscape Ordinance (MWELO). Water efficient landscapes shall be implemented in all new and rehabilitated landscaping in single-family and multi-family projects, and in private development projects that require a grading permit, building permit or use permit, as required by Chapter 18.14 of the San Dimas Municipal Code. Installation of landscaping and irrigation shall be completed prior to final of the project.

30. All landscaping and automatic irrigation shall be installed and functional prior to occupancy of the building(s), in accordance with the plans approved by the Planning Division.

BUILDING DIVISION – (909) 394-6260

31. The plans shall be prepared in compliance with the latest edition of the codes as amended and adopted by reference by the City of San Dimas: California Green Building Standards Code, California Building Code, California Residential Code, California Mechanical Code, California Plumbing Code, and California Electrical Code.

32. The Applicant/Developer shall comply with the latest California Title 24 Energy requirements for all new lighting, insulation, and mechanical equipment and submit calculations and signed at time of initial plan review. All exterior lighting to comply with required lighting density limits, controls and BUG standards.

33. The Applicant/Developer shall submit to the Building Division of the City of San Dimas plans that have been reviewed and approved by the Los Angeles County Fire Department. Plans may include access, fire sprinklers, mechanical ventilation, and any other applicable items regulated under the Fire Code.

34. The Applicant/Developer shall comply with the latest disabled access regulations as found in Title 24 of the California Code of Regulations and the Americans with Disabilities Act. Accessible items shall include, but not be limited to: Path of travel requirements and facilities, accessible path from public right of way, parking facilities, including garage facility, accessible pedestrian routes, interior path of travel, public/common use areas, restrooms, breakrooms, etc.

35. All plans are required to be stamped by a California Registered Engineer or Architect unless specifically exempted by Sections 5537-5538 of the California Business & Professions Code.

36. Construction calculations, including lateral analysis, shall be required at the time plans are submitted for plan check.

RESOLUTION PC-1674 Page 9

37. Mechanical, Electrical and Plumbing plans are required to be submitted at time of initial plan submittal. Electrical schematic and load calculations, and plumbing (drain, waste, vent, water, and gas) schematics will be required before issuance of electrical or plumbing permits.

38. The Applicant/Developer shall submit a Drainage Plan for the proposed development to be reviewed and approved by the City Engineer and the Building Official.

39. Prior to the issuance of any grading or building permits, the Applicant/Developer shall submit an updated Engineering Geology/Soils Report that includes an accurate description of the geology of the site and conclusions and recommendations regarding the effect of the geologic conditions on the proposed development and include a discussion of the expansiveness of the soils and recommended measures for foundations and slabs on grade to resist volumetric changes of the soil.

40. Prior to the inspection of the foundation, the Applicant/Developer shall submit a footing bottom compaction certification by a licensed soils technician who is working under the direct supervision of the Geologist of Record.

41. Applicant to expose uninspected work started without permit for code verification at discretion of Building Inspector.

42. Fees shall be paid to Bonita Unified School District in compliance with Government Code Section 65995.

43. The Applicant/Developer shall Contact the Los Angeles County Public Works Department, Environmental Program Division for any required permit or clearance of industrial and hazardous waste disposal.

44. The Applicant/Developer shall Contact the Los Angeles County Sanitation District for potential fees associated with annexation, connection, or change of occupancy

45. The Applicant/Developer shall comply with CAL Green Section 5.408.2 “Commercial Mandatory Measures, Commercial waste recycling”.

46. The Applicant/Developer shall submit an Electrical Distribution Plan for all proposed switchgear or transformers to the City for review as soon as available.

47. Construction hours shall be limited to between 7:00 a.m. and 8:00 p.m., and shall be prohibited at any time on Sundays or public holidays, per San Dimas Municipal Code Section 8.36.100.

ENGINEERING DIVISION – (909) 394-6240

48. Trash/Recycling enclosure(s) shall be constructed by the Applicant/Developer per City of San Dimas standard plan and shown on the construction plans. The exact location of the trash/recycling enclosure(s) shall be approved by the Planning Division and the Trash Company.

49. The Applicant/Developer shall submit a Precise Paving and Drainage Plan for the proposed development to be reviewed and approved by the City Engineer and the Director of

RESOLUTION PC-1674 Page 10
Community Development. Plans shall include a composite utility location, paving and striping plan as well as the size of the disturbed area and the volumetric amount of cut, fill, and over-excavation.

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

51. The Applicant shall provide drainage improvements to carry runoff of storm waters in the area proposed to be developed to be reviewed and approved by the City Engineer. The proposed drainage improvements shall be based on a detailed Hydrology Study conforming to the current Los Angeles County methodology. The developed flows out letting into the existing downstream system(s) from this project cannot exceed the pre-existing storm flows.

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

53. For all non-exempt projects which disturb less than one (1) acre of soil and are not part of a larger common plan of development which in total disturbs one acre or more, Applicant/Developer must submit a signed certification statement declaring that the contractor will comply with Minimum Best Management Practices (BMPs) required by the MS4 permit for Los Angeles County as mandated by the National Pollutant Discharge Elimination System (NPDES). Additionally, all projects within this category will require the preparation and submittal by the Applicant/Developer a local Stormwater Pollution Prevention Plan/Wet Weather Erosion Control Plan. The project proponent is ultimately responsible to comply with all requirements of the MS4 permit, which the City of San Dimas enforces. The City of San Dimas has the authority to enter the project site, review the local SWPPP/WWECP and require modifications and subsequent implementation to the local SWPPP/WWECP in order to prevent polluted runoff from leaving the project site onto private or public property. In order to manage storm water drainage during construction, one or more of the following measures shall be implemented to prevent flooding of adjacent property, prevent erosion and retain soil runoff on the site:
a. Retention basins of sufficient size shall be utilized to retain storm water on the site. (BMP SE-2, Sedimentation Basin)
b. Where storm water is conveyed to a public drainage system, collection point, gutter, or similar disposal method, water shall be filtered by use of a barrier system, wattle, or other method approved by the enforcing agency. (BMPs SE-1, Silt Fence; SE-5, Fiber Rolls; SE-6, Gravel Bag Berm)

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

55. The Applicant/Developer shall obtain a Public Works permit for all work within or adjacent to the public right-of-way and shall be subject to review and approval of the Public Works Director and the work shall be in accordance with applicable standards of the City of San Dimas; i.e. Standard Specifications for Public Works Construction (Green Book) and the California Manual of Uniform Traffic Control Devices (CA MUTCD), and further that the

RESOLUTION PC-1674 Page 11
construction equipment ingress and egress be controlled by a plan approved by Public Works.

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

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

58. Construction parking and material storage shall be confined to the site. Construction related parking or material storage is not permitted on the surrounding streets.

59. The Applicant/Developer shall obtain all approvals from Los Angeles Department of Water & Power (LADWP) and Metropolitan Water District (MWD) for construction within their respective easement areas including the installation of parking prior to permit issuance from the City of San Dimas.

60. The Applicant /Developer shall provide calculations verifying that the proposed construction will not impact the adjacent existing City of San Dimas storm drain conduit.

61. The Applicant/Developer shall contact Waste Management to determine the required refuse level of service per California state law.

End of Conditions

Figure 1 - Vicinity Map
Agenda Item Staff Report
To: Development Plan Review Board
For the Meeting of February 22, 2024
From: Anne Moore, Senior Planner
Subject: DPRB No. 23-0008 / Precise Plan No. 23-0001
ACCELA PROJ-23-0051
A request for a major exterior remodel and a 6,563 sq. ft. addition with a 340 sq. ft. covered patio and two decks totaling 435 sq. ft. to an existing 5,861 sq. ft. twostory office building located within the Commercial Highway (CH) Zone with a Scenic Highway Overly (SHO).
____________________________________________________________________________

RECOMMENDATION
Staff recommends that the Development Plan Review Board recommend approval of DPRB No. 23-0008 and Precise Plan No. 23-0001 to the Planning Commission subject to the attached Conditions of Approval in Attachment 1.

BACKGROUND
The subject site is located at 302 E. Foothill Boulevard within the Commercial Highway (CH) Zone with a Scenic Highway Overlay (SHO) and situated on the southeast corner of Walnut Avenue and Foothill Boulevard (Figure 1). The existing two-story office building, formerly known as the Jackson & Jackson building, was developed in 1993 as part of Precise Plan No. 91-5 and Conditional Use Permit (CUP) No. 89-15, which allowed for a two-story retail nursery in conjunction with outdoor storage on a 2.2-acre site.

E. Foothill Blvd.

N. Dixie Dr.

N. Walnut Ave.

ATTACHMENT 4

DPRB No. 23-0008 / Precise Plan No. 23-0001 Page 2
For the Meeting of February 22, 2024
The property was purchased by the current owner, who operates Walton Construction, Inc. on the adjacent property located immediately to the south at 358 E. Foothill Boulevard. The new owner is not proposing to continue the outdoor storage use associated with CUP 89-15; however, is proposing to expand and upgrade the exterior of the existing two-story building. The Applicant, Mark Gross of Mark Gross & Associates, Inc, on behalf of the property owner, submitted an application for a major exterior remodel and expansion of the existing two-story office building.

Pursuant to San Dimas Municipal Code (SDMC) Section 18.108.060, properties designated with the Scenic Highway Overlay are subject to a precise plan review to be approved by the City Council. Therefore, this request is being brought to the Board for their recommendation to the Planning Commission, and subsequently to City Council.

DISCUSSION/ANALYSIS
Site Description/Improvements
The proposed improvements include a 6,563 sq. ft. addition with a 340 sq. ft. covered patio and two decks totaling 435 sq. ft. to the existing 5,861 sq. ft. building. Due to the size of the 6,563 sq. ft. addition, which will double the size of the existing building, the existing parking lot area located in front of the building along Foothill Boulevard will be expanded (Attachment 2). The property will require a total of 62 parking spaces with 58 parking spaces provided within the parking lot area and four (4) parking spaces provided within new garage areas added on the western portion of the building. There will be seven (7) additional parking stalls added to the front parking lot, which will be expanded to the east with approval from the L.A. Department of Water and Power (LADWP), which owns a 120’-0” wide easement that runs all across the front part of the lot.

Condition No. 59 is included to ensure that the Applicant obtains all necessary approvals from LADWP and the Metropolitan Water District (MWD) for construction within their respective easement areas prior to permit issuance from the city. In addition, ADA site improvements for the new parking lot area will be made including the addition of an accessible parking space within the rear parking lot area that did not exist previously.

New landscaped areas subject to compliance with the City’s Model Water Efficient Landscape Ordinance (MWELO) will also be incorporated as part of the overall site improvements. The proposed landscape plans (Attachment 2) will restore the former outdoor nursery stock area into more appropriate drought tolerant landscaping and decorative concrete paving. The new landscaping will also be carried over to the expanded parking lot area.

Building Design
The existing building was originally designed with a Spanish architectural theme (Figure 2) with the entire exterior of the building finished with textured stucco in a tan color, hipped roof with Spanish tile roofing material, arched windows throughout and a front porch arcade that spans across the entire ground floor level of the front building façade.

DPRB No. 23-0008 / Precise Plan No. 23-0001 Page 3
For the Meeting of February 22, 2024
Figure 2 - Existing North (Front) Elevation view of building.

The proposed changes to the exterior of the building include the following (Attachment 3):
• Replace hipped roof with a flat roof
• Replace all arched windows with rectangular windows
• Incorporate a thin brick veneer over the existing front porch arcade, front entry tower, and various sections of the ground floor
• Incorporate metal awnings above the majority of second floor windows facing Foothill Boulevard in either a Yellow 90 Gloss color or Black Hammer color • Addition of 1’-0” architectural projections on the second floor that will be clad with metal wall panels
• Addition of tempered glass railings on the deck areas located on the second floor • Replace all existing exterior light fixtures with new decorate light fixtures Figure 3- North (Front) Elevation Colored Rendering.

The areas highlighted in red shown in Figure 3 show the amount of building area that is going to be added onto the existing building. The expansion of the existing building will be primarily located towards the western end of the building with a small addition consisting of an added stairwell on the eastern end of the building (Attachment 2). The addition along the western end of the building was designed to in a way to accommodate the existing 10’-0” wide storm drain easement that runs along the rear portion of the property. The design and major remodel of the building is intended to incorporate contemporary architectural design elements that help to break up the building facade on all sides of the building, which in turn, provide more architectural relief. Many of the exterior elements being proposed are similarly found on the adjacent building (Figure 4).

DPRB No. 23-0008 / Precise Plan No. 23-0001 Page 4
For the Meeting of February 22, 2024
Figure 4 - Front Elevation of 358 E. Foothill Blvd.

There also exists on site a monument sign located at the corner of the property (Figure 5), which is not currently proposed to be replaced at this time. However, Condition No. 27 has been included to require the upgrade of the existing monument sign to match the newly remodeled building.

Since there is no outdoor storage of materials being proposed as part of this request, the previous CUP, which allowed for the outdoor nursery stock area will be discontinued, and Condition No. 15 has been included to require the Applicant to apply for a new CUP for any outdoor storage that may be proposed in the future.

Figure 5 - Existing Monument Sign.

In conclusion, the proposed exterior changes to the existing office building are not out of character with the surrounding commercial highway area and is a major improvement to the existing building.

ISSUES
There are no issues currently associated with the project.

ENVIRONMENTAL REVIEW
This item is Categorically Exempt under the California Code of Regulations, Title 14, Section 6, Chapter 3, Article 19, Section 15301 Existing Facilities Class 1 operations which consists of the

DPRB No. 23-0008 / Precise Plan No. 23-0001 Page 5
For the Meeting of February 22, 2024
operation, repair, maintenance or minor alteration of existing public or private facilities involving negligible or no expansion of existing or former use.

Respectfully submitted,
Anne Moore
Senior Planner
Attachments:

1. Conditions of Approval

2. Project Plans

3. Material Board

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 9, 2024
From: Chris Constantin, City Manager
Prepared by: Steven Farmer, Landscape Maintenance Manager Subject: Approve a Project Budget Appropriation of $158,260, Award Construction Contract 2024-03 Horsethief Canyon Park Sports Field Lighting Retrofit Project to Musco Sports Lighting LLC in the Amount of $143,876.25 as a Sole Source Procurement in Accordance with San Dimas Municipal Code Section 3.28.120 and Authorize the City Manager to Execute Such Agreement as Necessary for an Amount Not to Exceed $158,260
____________________________________________________________________________

SUMMARY
The Construction Contract 2024-03 Horsethief Canyon Park (HCP) Sports Field Lighting Retrofit Project consists of the inspection and removal of existing Musco Lighting fixtures, replacement and installation of Musco Light-Structure equipment still utilizing the current Musco controllers and pole system. Musco Sports Lighting, L.L.C. is an identified sole source provider for sports field lighting designed for public use.

RECOMMENDATION
Staff recommends that City Council approve the following:

1. Approve a Budget Amendment of $158,260.

2. Award Construction Contract 2024-03 HCP Sports Field Lighting Retrofit Project to Musco Sports Lighting, LLC for the contract amount of $143,876.25 as a Sole Source Procurement in Accordance with San Dimas Municipal Code Section 3.28.120.

3. Authorize a total project budget of $158, 260 ($143,876 for the construction contract and $14,384 as 10% contingency from the Capital Projects account for Open Space District 1).

4. Authorize City Manager to negotiate and enter into a Construction Contract with Musco Sports Lighting LLC in a form approved by the City Attorney.

Award Construction Contract 2024-03 Horsethief Canyon Park Sports Field Lighting Retrofit Project to Musco Sports Lighting LLC Page 2
For the Meeting of April 9, 2024

FISCAL IMPACT
The proposed contract for HCP Sports Field Lighting Retrofit Project with Musco Sports Lighting LLC is $158,260 for the full contract. Funding for this project comes from the Los Angeles County Regional Park and Open Space District Measure A Annual Allocation Grant.

The 2023-24 fiscal year City Budget includes an appropriation of $648,000 for the overall Horsethief Canyon Park Improvement project in budget account number 021.4410.927.003, which consist of four projects: Sports Field Lighting Retrofit, Sports Field Renovation, Walking Path Replacement and Street Light Retrofit.

BACKGROUND
The purpose of this project is to use Measure A grant funding from the Los Angeles County Regional Park and Open Space District to improve sports field lighting for the soccer field at Horsethief Canyon Park. If approved, the project would upgrade the sports lighting from high pressure sodium bulbs to LED.

The City of San Dimas installed sports field lighting at Horsethief Canyon Park soccer field in 1996. The equipment was installed by Musco Lighting and has served the city’s needs for over 25 years. Over the past decade, the light fixtures have become obsolete, are deteriorating and require continuous maintenance to remain marginally compliant. The light fixtures and highpressure sodium bulbs are difficult to source for replacement, as a limited number of manufacturers continue to manufacture these older lighting components. Additionally, the highpressure sodium bulbs require a higher disposal cost due to the hazardous waste compounds in the components.

Construction Contract 2024-03 consists of review and evaluation of existing Musco equipment, electrical system requirements, pole locations and structural analysis. Musco will dispose of the existing lighting fixtures and provide new fixtures, electrical enclosures, mounts, hardware, wiring harnesses and control cabinets as needed while utilizing the proprietary Musco lighting controllers. The improved LED sports field lighting system will reduce the number of light fixtures needed to illuminate the field, which will further reduce “spill light” and glare on the surrounding neighborhood. The retrofit of the lighting system will also reduce energy costs and the frequency and cost of maintenance.

DISCUSSION/ANALYSIS
The Horsethief Canyon Park sports field is the only lighted soccer field in the city. Staff proposes upgrading the existing Musco sports lighting system to ensure that the field continues to be available for evening soccer practices and games when sports lighting is required to ensure a safe playing experience for field users. Staff reviewed the proposal provided by Musco Sports Lighting LLC and determined that the contractor’s proposal meets the requirement of San Dimas Municipal Code 3.28.120 as a Sole Source provider. The project includes a retrofit to the existing Musco lighting equipment installed in 1998. Musco Sports Lighting LLC provides sports field lighting products and services that are unique and proprietary and that can only be obtained from the provider.

Award Construction Contract 2024-03 Horsethief Canyon Park Sports Field Lighting Retrofit Project to Musco Sports Lighting LLC Page 3
For the Meeting of April 9, 2024
The San Dimas Municipal Code (Section 3.30.050 Informal Bidding Procedure) allows for the exclusive bid for products and services that are proprietary in nature. This project falls within this category, as this project is an upgrade to the existing Musco lighting system as opposed to a complete removal and replacement of the field lighting system.

ALTERNATIVES
The City Council can elect not to enter into the agreement to improve the field lights at the Horsethief Canyon Park soccer field. Under this scenario, staff would continue to maintain the existing sports light system as long as possible (i.e. as long as parts are available). However, as the lighting system continues to deteriorate and replacement parts become increasingly difficult to source, the utility of the soccer field in the evenings may diminish overtime.

ENVIRONMENTAL REVIEW
This item is Categorically Exempt under the California Code of Regulations, Title 14, Section 6, Chapter 3, Article 19, Section 15301 Existing Facilities Class 1 operations which consists of the operation, repair, maintenance or minor alteration of existing public or private facilities involving negligible or no expansion of existing or former use.

Respectfully submitted,
Steven Farmer
Landscape Maintenance Manager
Attachments:

1. Construction Agreement CC 2024-03 HCP Sports Field Lighting Retrofit

2. Musco Sole Source Letter 3.27.24

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CONSTRUCTION AGREEMENT NO. CC 2024-03
This construction agreement (“Agreement”), is made and effective as of March 13, 2024 by and between the City of San Dimas ("City"), a municipal corporation, and Musco Sports Lighting LLC ("Contractor"), a corporation. City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
WHEREAS, by resolution of the City Council of the City of San Dimas (the “City Council”), the Contractor was duly awarded CC 2024-03 Horsethief Canyon Park (HCP) Sports Field Lighting Retrofit Project, for the work or improvement hereinafter mentioned; and NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT
I. SCOPE OF WORK
Contractor shall perform within the time set forth herein of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of CONSTRUCTION CONTRACT NO. CC 2024-03 HCP Sports Field Lighting Retrofit (“Project”) and as detailed in Exhibit A, “Project Specification” attached hereto. The Project shall be performed and completed in a first class and workmanlike manner, with new and quality materials, under the supervision of and to the satisfaction of the City Engineer of the City of San Dimas (“City Engineer”) or its designee.

Contractor promises and agrees that the Project shall be completed strictly in accordance with the Contract Documents, as defined below in Section XXII, including but not limited to all plans and specifications, which are on file in the Parks and Recreation Department.

The Contractor certifies and agrees that it is fully familiar with all of the terms, conditions and obligations of Contract Documents, the location of the job site, and the conditions under which the Project is to be performed based upon its investigation of all such matters.

The Contractor shall supervise and direct the work to complete the Project, using its best skill and attention, and shall be solely responsible for all construction means, methods, techniques, sequences and procedures. Unless otherwise noted, the Contractor shall be responsible for coordinating all portions of the Project, and the Contractor shall provide and pay for all labor, services, materials, installation, cartage, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, storage, taxes, insurance, and other facilities and services necessary for the proper execution of the work to complete the Project. The Contractor further promises and agrees that the materials used in the Project shall comply with the Contract Documents and be to the satisfaction of the City Engineer, and that the Contractor will timely complete the Project, and turn the Project over to the City, complete and ready for use, and discharged from all claims or demands on any and all materials, equipment and labor used or to be used in the Project.

As soon as possible under the provisions of this Agreement, the Contractor shall backfill all excavations and restore to usefulness, all improvements existing prior to the start of the work to complete the Project.

ATTACHMENT 1

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The Contractor also agrees that it shall be responsible for the acts and omissions of all of its employees and subcontractors, their agents and employees, and for all other persons performing any of the Project under a contract with the Contractor.

By entering into this Agreement, Contractor acknowledges there may be other contractors on the site whose work will be coordinated with that of its own. Contractor expressly warrants and agrees it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the City, or the utilities. Contractor also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be direct action against the separate contractor. To the extent allowed by law, the Contractor will have no remedy, and hereby expressly waives any remedy against the City, on account of delay, hindrance, interference, or other events caused by a separate contractor.

II. TIME FOR PROJECT COMPLETION
All of Contractor’s work on the Project shall be completed within durations established for the individual activities as set forth in the Contract Documents. All work shall commence five (5) calendar days after receiving a written Notice to Proceed from the City. Contractor shall refer to the invitations for bids, and Project plans and specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all bid items comprises the entire Project and shall be commenced and completed in conformance with the Project Schedule. The entire Project shall be completed within 90 working days (18 weeks).

The working hours are Monday thru Friday, with the exception of City Holidays, 7:00 a.m. to 5:00 p.m.

III. AGREEMENT SUM
City shall pay to Contractor for the performance of this Agreement, subject to any additions and deductions provided in the Contract Documents, the sum of $143,876.25 (“Agreement Sum”).

Compensation paid to Contractor for the performance of this Agreement shall be consistent with the “Payment Schedule” as set forth in Exhibit B and incorporated herein by reference. All costs of prosecuting the work under this Agreement for the completion of the Project shall be included in the Contractor’s bid.

IV. PROGRESS PAYMENTS
Based upon Invoice submitted to the City by the Contractor and approval issued by the Director of Parks and Recreation, the City shall make progress payments on account of the Agreement Sum to the Contractor as provided in the Contract Documents This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

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V. RETENTION OF SECURITIES
Public Contract Code section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of the Contractor. Contractor shall notify City in writing of any election made under Public Contracts Code section 22300.

VI. WARRANTY
The Contractor warrants that all of the work pursuant to this Agreement shall be done in a first class, workmanlike manner and in accordance with Contract Documents, with new and quality materials and warrants all work performed to complete the Project and materials against defect or deviation (the “Defect”), both in the material or the workmanship, for a period of one (1) year from its completion of the Project, unless stated otherwise in the Contract Documents. If a Defect in the Project is latent, hidden or not readily observable, the Contractor's warranty shall be extended for one (1) year from the date of discovery of the Defect. The Contractor will within a reasonable time after written notice of a Defect, remedy and repair the Defect and any related damage resulting from the Defect (without any expense to the City).

VII. INDEMNIFICATION
Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both City and Contractor, or should City otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.

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VIII. PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1", for Los Angeles County. The prevailing rate of per diem wages are on file at the City of San Dimas, Parks and Recreation Department, 245 E Bonita Ave, San Dimas CA 91773, and are available to any interested party on request. The Contractor is required to post at the job site the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations and other notices prescribed by regulation. Wage rates shall conform with those posted at the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1774 – Payment of General Prevailing Rate

2. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates

3. Section 1777.4 - Apprenticeship Requirements

4. Section 1777.5 - Apprenticeship Requirements

5. Section 1813 - Penalty for Failure to Pay Overtime

6. Sections 1810 and 1811 - Working Hour Restrictions

7. Section 1776 - Payroll Records

8. Section 1773.8 - Travel and Subsistence Pay
IX. FURNISHING RECORDS TO CITY
The Contractor also agrees to furnish, if and when required, payroll affidavits, receipts, vouchers, release for claims for labor, material and subcontractors performing the work required to complete the Project under the Agreement, all in a form satisfactory to the City, and the Contractor also agrees that no payment shall be made, except at City's option, unless any or all of the requested documents have been furnished to the City.

X. RECORD AUDIT
In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

XI. CERTIFICATIONS
Not Applicable
XII. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by City to Contractor no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final payment authorization has been issued by the Director of Parks and Recreation.

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XIII. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT The Contractor shall furnish all materials, tools, equipment and labor in the necessary quantity and quantity, and shall diligently prosecute the work contemplated by this Agreement to completion in a workmanlike manner.

In the event Contractor fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the Contractor for a period of three (3) calendar days after receipt of written demand from City or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, or to prosecute its work and all parts thereof in a diligent and workmanlike manner, then the City may exclude the Contractor from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the City to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the City, shall be a charge against the Contractor, and may be deducted from any money due or becoming due to Contractor from City, or Contractor shall pay City the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement, shall become liable for payment should Contractor fail to pay in full any said cost incurred by the City.

XIV. INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to City.

Without limiting Contractor’s indemnification of City and/or the Indemnified Parties and prior to commencement of the Project, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

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Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Other provisions or requirements
Proof of insurance. Contractor shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time and Contractor agrees to provide the same.

Duration of coverage. Contractor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, subcontractors or subconsultants. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of

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recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the City immediately in the event of Contractor’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

XV. CONTRACTOR'S LICENSE
Contractor must possess at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing.

Contractor’s State License No. is 797757, Class C-10 Electrical Contractor. Contractor shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing.

XVI. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
Contractor must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. Contractor must ensure registration with the DIR is active and in good standing.

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No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The Contractor is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the City knows that the same Contractor will be awarded total project costs in excess of $1,000 for a given year.

XVII. COMPLIANCE WITH STATUTES AND REGULATIONS
Contractor will be knowledgeable of and shall comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders relating to the manner of doing the work under the Agreement or to the materials supplied therein.

XVIII. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.

XIX. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:

1. Material that Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the Agreement.

B. Upon receipt of said notification, City will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of or the time required for performance of any part of the Project, the City will issue a change order under the procedures described in the Contract Documents.

C. In the event a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the Contractor's cost of or time required for performance of any part of the Project, the

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Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement.

Contractor shall retain any and all rights provided either by agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

XX. LIQUIDATED DAMAGES
Pursuant to Government Code section 53069.85, if work is not completed within durations established for the individual activities as set forth in the Project Schedule, it is understood, acknowledged, and agreed City will suffer damage. It is therefore agreed that Contractor shall pay to City the sum of $250.00 for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Project activity.

Contractor expressly understands, acknowledges, and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule, or Project milestones established in or pursuant to the Project Schedule. If the City accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, Contractor further agrees that City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. This article does not exclude recovery of damages under provisions of the Agreement, and is expressly in addition to the City’s ability to seek other damages.

Contractor is to refer to Contract Documents for duration of individual activities. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity in the Contract Documents, unless the time for such activity has been extended by mutual agreement of the parties and confirmed in writing.

XXI. CLAIM PROCEDURES UNDER PUBLIC CONTRACT CODE SECTION 9204 Contractor shall comply with the procedure set forth in Public Contracts Code section 9204 for any claim, as that term is defined therein, for one or more of the following: 1) a time extension, including, without limitation, for relief from damages or penalties for delay; 2) payment of money or damages arising from work done pursuant to this Agreement; and/or 3) payment of an amount disputed by the City under this Agreement.

XXII. COMPONENT PARTS OF THE AGREEMENT
This Agreement entered into consists of the following documents (collectively, the “Contract Documents”), all of which are component parts of the Agreement as if herein set out in full or attached hereto:

Contract Agreement Project Plans and Specifications
Faithful Performance Bond Labor and Materials Payment Bond Those documents listed in Section 1-2 of the “Greenbook” Standard Specifications for Public Works Construction combined with all of the above-named documents are included as Contract Documents and are intended to be complementary. Work required any of the above-named contract documents and not by others shall be done as if required by all.

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XXIII. BONDS
The Contractor agrees to furnish bonds guaranteeing the faithful performance of this Agreement and guaranteeing payment for all labor and materials used under the Agreement, as required by the laws of the State of California. The Faithful Performance Bond shall be for an amount not less than 100% of the amount of this Contract and shall be conditioned on full and complete performance of the Agreement, guaranteeing the work against faulty workmanship or materials for a period of one year after completion and acceptance. The Labor and Materials Payment Bond shall be in an amount of not less than 100% of the amount of the Agreement, and shall be conditioned upon full payment of all labor and materials entering into or incidental to the work covered by the Agreement.

The surety on the required bonds shall be a surety company of financial resources satisfactory to the City Council and authorized to do business in the State of California.

The Faithful Performance Bond and Labor and Materials Payment Bond are attached hereto as Exhibit C.

XXIV. PROHIBITION AGAINST ASSIGNMENT
The Contractor may upon reasonable advance Notice to the City assign its rights to receive payment under this Agreement, provided the Contractor also provides to the City the consent of the surety to such assignment. The Contractor may not assign or delegate its duties under this Agreement, without the prior written consent of the City, which the City may not unreasonably withhold or delay. For purposes of this Agreement, assignment shall include any change of control, whether by merger, acquisition or otherwise, of Contractor or any of Contractor's corporate parents. Any assignment in violation of the assignment provisions herein shall be ineffective to relieve Contractor of its responsibility to complete the Project. Should the City consent to any such assignment by the Contractor, the consent shall not constitute a waiver of any other restrictions of assignment under the Agreement and the same restrictions on assignment shall apply to each successive assignment, if any.

XXV. CALIFORNIA LAW
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

XXVI. CORPORATE AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

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XXVII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SAN DIMAS, CALIFORNIA
Dated ________________, 2024 By: _____________________________ City Manager
ATTEST:
________________________________
City Clerk
APPROVED AS TO FORM::
_______________________________
City Attorney
CONTRACTOR**:

Dated ________________, 2024 MUSCO SPORTS LIGHTING, LLC By:

Authorized Representative
Title
By:

Authorized Representative
Title
Address:

Phone:

Fax:

Email:
**Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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CONSTRUCTION AGREEMENT NO. CC 2024-03

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

STATE OF _______________________ )
)
COUNTY OF _____________________ )
On _____________________________, before me, _________________________________, Notary Public, personally appeared __________________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: (Seal)

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EXHIBIT A

PROJECT SPECIFICATION
Construction Contract No. CC 2024-03

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6/22 - 15 - Construction Agreement

EXHIBIT B

PAYMENT SCHEDULE
Upon the completion of the Project both to the City Engineer’s satisfaction and in compliance with this Agreement, the City will pay, and the Contractor agrees to accept as full and final compensation for the Project, the total of all bid items, adjusted for variation of quantities at the unit prices for the materials actually used or furnished for the Project, as set forth below:

Musco Light-Structure Green LED Retrofit with Installation $130,500.00 Tax $ 13,376.25
TOTAL $143,876.25

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6/22 - 16 - Construction Agreement

EXHIBIT C
BONDS

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6/22 - 17 - Construction Agreement

CITY OF SAN DIMAS

BOND FOR SECURITY OF LABORERS AND MATERIALMEN
CONSTRUCTION CONTRACT NO. CC 2024-03
Whereas, The City Council of the City of San Dimas (the "City"), State of California and (the "Principal") have entered into an Agreement (the "Agreement") dated __________________, 2024, whereby Principal agrees to install and complete the following public improvements: CITY OF SAN DIMAS CONSTRUCTION CONTRACT NO. CC 2024-03 The Agreement is incorporated herein by reference.

Whereas, under the terms of the Agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure payment of the claims to which reference is made in Title 15 (commencing with Section 3082) of part 4 of Division 3 of the Civil Code of the State of California.

Now, therefore, the Principal and the undersigned ________________________, as corporate surety (the "Surety"), are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed or providing materials in the performance of the Agreement and referred to in aforesaid Civil Code in the sum of for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor. Further, Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

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6/22 - 18 - Construction Agreement
In witness whereof, the Principal and Surety caused this Bond to be executed on this ________ day of ______________________, 2024.

Principal
________________________________
By:______________________________
Title:_____________________________
Surety
_________________________________
By:______________________________
Title:_____________________________
Local Mailing Address of Surety:
________________________________
Street Address
________________________________
City & State
Telephone Number
(All Signatures Must Be Acknowledged)

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6/22 - 19 - Construction Agreement
A notary public officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)

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

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

WITNESS my hand and official seal.

Signature: (Seal)

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6/22 - 20 - Construction Agreement

CITY OF SAN DIMAS

BOND SECURING PERFORMANCE
CONSTRUCTION CONTRACT NO. CC 2024-03
Whereas, The City Council of the City of San Dimas (the "City"), State of California and (the "Principal") have entered into an Agreement (the "Agreement") dated _______________, 2024 whereby Principal agrees to install and complete the following improvements: CITY OF SAN DIMAS CONSTRUCTION CONTRACT NO. CC2024-03.

The Agreement is incorporated herein by reference.

Whereas, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement.

Now, therefore, we, the Principal and _______________________________, as surety (the "Surety"), are held and firmly bound unto the City, in the penal sum lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if said Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and, save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

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In witness whereof, the Principal and Surety caused this bond to be executed on this ________ day of ______________________, 2024.

Principal
_________________________________
By: ______________________________
Title:_____________________________
Surety
________________________________
By:______________________________
Title:_____________________________
Local Mailing Address of Surety:
________________________________
Street Address
________________________________
City & State
Telephone Number
(All Signatures Must Be Acknowledged)

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6/22 - 22 - Construction Agreement
A notary public officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)

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

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

WITNESS my hand and official seal.

Signature: _________________________ (Seal)

March 27, 2024
City of San Dimas
245 E. Bonita Ave
San Dimas, CA 91773
RE: Musco Sports Lighting, LLC Sole Source
Dear Mr. Steven Farmer,
We are pleased to present Musco’s Total Light Control – TLC for LED™ technology for your lighting project. Our TLC for LED® technology is the result of over 40 years of technology. This TLC Retrofit process is unique to Musco. The light poles installed in 1996, will utilize a Musco only pole top retrofit solution. This retrofit solution is a proprietary retrofit process supplied only by Musco Lighting LLC.

Musco offers an industry leading 25 year warranty when used in combination with our Lighting Control System- Control Link.

The following is a list of the key values and features that are unique to Musco’s TLC for LED technology, and its supporting features.

1. Luminaire technology resulting in an industry leading energy reduction of 58%. a. Energy efficiency –

1. The existing Metal Halide Lighting system Kw consumption is 38.4.

2. The TLC for LED Kw consumption for the retrofit is 16.4

3. The Musco LED system provides an industry leading Kw reduction of 58% at Horse Thief Canyon..

2. Musco Constant 25™ Warranty & Maintenance Program and Lighting Control System a. 100% routine maintenance included for 25 years – All routine maintenance, including labor, is provided by Musco for 25 years.
b. Guaranteed constant light levels – Musco guarantees the light levels will not drop below the designed performance for the warranty period of the lighting system. c. Monitoring – Additionally, Musco constantly monitors the performance of the lighting system through the Control Link system. If there is an outage that impacts the playability of the field, the Musco Warranty Department will proactively contact the city of San Dimas and schedule a repair technician to service the outage.

I trust this information outlines the unique characteristics of the Musco TLC for LED technology. If you have questions or need additional information, please contact me at 714-614-0863 or by email at [email protected].

Thank you,
Mike Higgins
Mike Higgins
California Sales Executive
Musco Sports Lighting
3002 Dow Avenue, Suite 504, Tustin CA 92780
March 2024
ATTACHMENT 2

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 9, 2024
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Adopt Resolution 2024-20 Approving the Engineer’s Report on the Boulevard Assessment District, Declaring Intention to Levy and Collect an increased Assessment, and Fixing a Time and Place for a Public Hearing for Boulevard Open Space Maintenance District No. 1, Tract 32818, Boulevard ____________________________________________________________________________

SUMMARY
Adoption of Resolution that approves the Engineer’s Report on the Boulevard Assessment District, declares the City Council intent to levy and collect an increased assessment for Fiscal Year 2024-25, and fixes a time and place for a Public Hearing for Open Space Maintenance District No. 1, Tract 32818, Boulevard

RECOMMENDATION
Staff recommends the City Council:
• Adopt Resolution 2024-20, Boulevard Assessment District, approve the Engineer’s Report and declare an intent to levy and collect an increased Assessment for the Fiscal Year 2024-2025 and conduct a Public Hearing on May 28, 2024, for Open Space Maintenance District No. 1, Tract 32818, Boulevard.
• Authorize a General Fund subsidy of $2,152.92 to offset the projected operating deficit and allow for the same level of service to continue for the landscape district in FY 2024- 2025.

FISCAL IMPACT
The funds collected from the assessment are used to offset costs incurred by the City for the maintenance of the Boulevard Landscape District. The fund balance for the Boulevard Assessment District has decreased in recent years with extensive tree removal and rising utility costs. An assessment increase of 3.4%, reflective of changes in the Consumer Price Index, is proposed to stay current with maintenance fees for this District. The Assessment Rate for the

Approving Engineer’s Report on Open Space Maintenance District No. 1, Tract 32818, Blvd For the Meeting of April 9, 2024 Page 2
Fiscal Year 2023-24 was $602.91 per parcel. The rate proposed for 2024-25 is $623.41 per parcel, an increase of $20.50 or 3.4%.

In addition, the projected assessment fund operating deficit will be funded by unassigned general fund in the amount of $2,152.92.

BACKGROUND
The Boulevard Open Space Maintenance District was formed under the provisions of the Landscape and Lighting Act of 1972, Division 15, Part 2, of the Streets and Highways Code of the State of California. The Act further establishes procedures for the annual levy of assessments which includes the approval of an Engineer’s Report and establishing a time and place for a Public Hearing. The Boulevard Assessment District consists of 19 homes that back up to a tree and ivycovered slope on Paseo Dorado as well as homes that take entry to their properties along Paseo Alondra.

In 2006, the 19 property owners in the Boulevard Open Space Maintenance District approved by ballot measure an annual Consumer Price Index adjustment for future years not to exceed 7% as necessary to cover the costs of maintenance, including increases in the costs of materials, labor, and utilities.

On February 13, 2024, the City Council adopted Resolution 2024-08 requesting the preparation of the Engineer’s Report for the annual levy of assessments for Open Space District No. 1, (Tract No. 32818, Boulevard) for the Fiscal year 2024-25.

In March 2024, the CPI numbers were released for 2023. City staff averaged the Consumer Price Increase percentages from February 2023 to February 2024, reaching an average of 3.4%.

Approving Engineer’s Report on Open Space Maintenance District No. 1, Tract 32818, Blvd For the Meeting of April 9, 2024 Page 3

DISCUSSION/ANALYSIS
The Engineer’s Report has been prepared with the scope of work to include general landscape, utilities such as water and electricity, as well as tree and irrigation system maintenance. The Engineer’s Report (Attachment 2) projects a minimal surplus of $23.55 for the Fiscal Year 2023- 24 and an Ending Fund Balance shortfall of -$2,152.92 if no action is taken.

The fund account for the Assessment has been depleted in the past three years due to several large projects on the property. Twenty new trees were planted in 2021 and repairs were completed on the slopes to address a slide. The cost of water for irrigation has increased significantly due to increasing water rates.

Staff is requesting that the City Council Adopt Resolution 2024-20, Boulevard Assessment District, approve the Engineer’s Report and declare an intent to levy and collect an increased Assessment for the Fiscal Year 2024-2025, and conduct a Public Hearing on May 28, 2024, for Open Space Maintenance District No. 1, Tract 32818, Boulevard. As previously discussed, the Assessment Rate for the Fiscal Year 2023-24 is $602.91 per parcel. The annual rate proposed for 2024-25 is $623.41 per parcel, which reflects an increase of $20.50 or 3.4%.

Staff is also requesting that the City Council authorize a General Fund subsidy of $2,152.92 to offset the projected operating deficit and allow for the same level of service to continue for the landscape district in FY 2024-2025.

ALTERNATIVES
The Council could elect not to adopt Resolution 2024-20, Boulevard Assessment District, and deny the Engineer’s Report for the Fiscal Year 2024-25.

By not approving the Engineer’s Report and moving forward with the Public Hearing, the Council would be moving forward without an approved assessment, which would lead to all costs associated with Boulevard Assessment District being subsidized by the General Fund.

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

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

Approving Engineer’s Report on Open Space Maintenance District No. 1, Tract 32818, Blvd For the Meeting of April 9, 2024 Page 4

1. Resolution 2024-20

2. Engineer's Report for Fiscal Year 2024-25 for Open Space Maintenance District No. 1, Tract 32818, Boulevard

ATTACHMENT 1
RESOLUTION 2024-20

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

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND DECLARING ITS INTENTION TO LEVY AND COLLECT AN ASSESSMENT FOR FISCAL YEAR 2024-25 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND ARTICLE XIIID OF THE

CALIFORNIA CONSTITUTION, AND FIXING A TIME AND PLACE FOR A

PUBLIC HEARING FOR HEARING OBJECTIONS FOR OPEN SPACE
MAINTENANCE DISTRICT NO. 1 (TRACT 32818, BOULEVARD)
WHEREAS, The San Dimas City Council formed Open Space Maintenance District No. 1, under Resolution No. 77-57 pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California; and
WHEREAS, the San Dimas City Council proposes the continued maintenance of landscaping improvements within said district for Fiscal Year 2024-2025; and WHEREAS, the City Council of the City of San Dimas finds that the levy of an assessment at the same amount as last year is exempt from the procedure and approval process of Section 4 of Article XIIID of the California Constitution pursuant to Section 5(b) of Article XIID, and
WHEREAS, the amount of the assessment may be less than the amount to pay for the cost of maintaining the landscaping in the District in future years, and therefore could be adjusted following an advertised public hearing to reflect changes in the Consumer Price Index not to exceed 7% as approved by the district ballot election on June 27, 2006.

WHEREAS, an Engineer’s Report, as required by law, has been presented to and approved by the City Council of the City of San Dimas which provides for an increase in the levied assessment for the District by the Consumer Price Index rate of 3.4% for the fiscal year 2024-2025,
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas, does resolve that:

SECTION 1. The City Council proposes to levy and collect an assessment to maintain improvements within Open Space Maintenance District No.1, (Tract No. 32818) for Fiscal Year 2024-25.

SECTION 2. The scope of the maintenance work includes the maintenance and restoration of landscaping improvements, including irrigation, pruning, pest control, fertilization, weed control, drainage system, major tree trimming, and miscellaneous related work within said district.

SECTION 3. The Engineer’s Report calls for a total of $11,844.77 to be collected for Fiscal Year 2024-2025 resulting in a yearly assessment per parcel of $623.41, which is a yearly assessment increase of $20.50 per parcel, or 3.4%.

Resolution 2024-20 Page 2
Approving the Engineer’s Report, Open Space Maintenance District No. 1 Tract 32818, Blvd April 9, 2024
SECTION 4. Future year cost of maintenance of the improvements, including increases in cost of materials, labor and utilities, will cause the amount of the annual assessment to be increased by an amount that will not exceed changes in the Consumer Price Index.

SECTION 5. The City Council, by this resolution, hereby approves the Engineer’s Report which indicates the amount of the proposed assessments, the district boundary, assessment zones, and detailed description of improvements. A copy of said report is on file in the office of the City Clerk.

SECTION 6. That the 28th of May, 2024, at the hour of 7:00 p.m., in the San Dimas City Council Chambers, 245 East Bonita Avenue, San Dimas, California, is hereby set as the Public Hearing where any and all persons having any objection to the levy of the proposed assessment may appear and show cause why said work should not be done or carried out in accordance with this resolution of intention. The City Council will consider all oral and written protests.

PASSED, APPROVED AND ADOPTED this 9th day of April 2024. _____________________________________
Emmett G. Badar, Mayor
ATTEST:
_____________________________
Debra Black, City Clerk

Resolution 2024-20 Page 3
Approving the Engineer’s Report, Open Space Maintenance District No. 1 Tract 32818, Blvd April 9, 2024
I, Debra Black, City Clerk, hereby certify that Resolution 2024-20 was adopted by the City Council of San Dimas at its regular meeting of April 9, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Debra Black, City Clerk

CITY OF SAN DIMAS
OPEN SPACE MAINTENANCE DISTRICT NO. 1 (TRACT NO. 32818, BOULEVARD DEVELOPMENT)

ENGINEER'S REPORT
FISCAL YEAR 2024-2025
SECTION 1 AUTHORITY FOR REPORT
This report is prepared pursuant to the order of the City Council of the City of San Dimas, and in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, and Article XIII D of the California Constitution.

SECTION 2 THE IMPROVEMENTS
The improvements consist of an irrigation system and landscaping within Lot 20 of Tract No. 32818, which was required to be installed by the developer and accepted for maintenance by the City. The plans and specifications for the landscaping are in conformance with the requirements of the conditions of approval of said Tract No. 32818, and City Standards. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of thisreport, and are on file in the office of the City Engineer.

SECTION 3 DIAGRAM FOR THE ASSESSMENT DISTRICT
A copy of the assessment diagram is on file in the office of the City Engineer.

SECTION 4 ESTIMATE OF COSTS OF THE IMPROVEMENTS
The cost of the initial landscaping of Lot 20 of Tract No. 32818 was borne by the subdivider; therefore, all assessments relate to maintenance only.

Direct Maintenance Costs:

General Maintenance (by Contract) $4,658.09
Utilities - Electrical $195.84
Utilities - Water $6,967.31
Tree Trimming $0.00
Irrigation Repairs or Upgrades $0.00
Total of DirectMaintenance
Costs:

CURRENT ASSESSMENT:
2024-2025 ANNUAL ASSESSMENT:
2023-2024 Surplus
Prior Fund Balance
Ending Fund Balance
$11,821.24
$11,455.29 ($602.91/parcel)
$11,844.77 ($623.41/parcel)
$23.55
<$2,176.45>
<$2,152.92>
Note: The costs aforementioned are less than the Annual Assessment and there is a minimal surplus for FY 2024-25. The assessment is subject to an annual adjustment tied to the Consumer Price Index-U for the Los Angeles Area as of December of each succeeding year (the "CPI") with a maximum annual adjustment rate not to exceed 7%.

ATTACHMENT 2

The change in the CPI from February 2023 to February 2024 was 3.4%. Therefore, the maximum authorized assessment rate for Fiscal Year 2024-2025 is increased by 3.4% which equates to an annual assessment of $11,844.77 ($623.41/parcel). The annual increase per parcel is $20.50. SECTION 5 ASSESSMENT The following information regarding assessments to individual lots for the 2024-2025 Fiscal Year is contained herein and is to be levied on July 1, 2024. The net amount estimated to be assessed upon the assessable lands within the district is $11,844.77, which is apportioned to all assessable lots shown on the attached Assessment Roll. The landscape district was developed for the benefit and enjoyment of all properties included within the assessment district boundaries, and all parcels benefit equally from the improvements.

Respectfully submitted,
Shari Garwick
Director of Public Works
Dave Gilbertson, P.E.

Deputy City Engineer

CITY OF SAN DIMAS ASSESSMENT ROLL FOR
OPEN SPACE MAINTENANCE DISTRICT NO. 1
TRACT NO. 32818 - BOULEVARD DEVELOPMENT

ADDRESS
LOT NO. ASSESSOR'S

REFERENCE
2023-2024

ASSESSMENT
2024-2025

ASSESSMENT

INCREASE
TOTAL
2024-2025

ASSESSMENT
1204 Via Verde 4 8448-021-027 602.91 20.50 623.41
1228 Via Verde 7 8448-021-032 602.91 20.50 623.41
1236 Via Verde 8 8448-021-033 602.91 20.50 623.41
1244 Via Verde 9 8448-021-034 602.91 20.50 623.41
1252 Via Verde 10 8448-021-035 602.91 20.50 623.41
1260 Via Verde 11 8448-021-036 602.91 20.50 623.41
1306 Via Verde 12 8448-021-037 602.91 20.50 623.41
1318 Via Verde 13 8448-021-038 602.91 20.50 623.41
1322 Via Verde 14 8448-021-039 602.91 20.50 623.41
1330 Via Verde 15 8448-021-040 602.91 20.50 623.41
1338 Via Verde 16 8448-021-041 602.91 20.50 623.41
1346 Via Verde 17 8448-021-042 602.91 20.50 623.41
1354 Via Verde 18 8448-021-043 602.91 20.50 623.41
1362 Via Verde 19 8448-021-044 602.91 20.50 623.41
1219 Paseo Dorado 1 8448-021-046 602.91 20.50 623.41
1203 Paseo Dorado 3 8448-021-047 602.91 20.50 623.41
1220 Via Verde 6 8448-021-048 602.91 20.50 623.41
1211 Paseo Dorado 2 8448-021-049 602.91 20.50 623.41
1212 Via Verde 5 8448-021-050 602.91 20.50 623.41
11,455.29 389.50 11,844.77

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 9, 2024
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Adopt Resolution 2024-21 Approving Engineer’s Report on the Northwoods Assessment District, Declaring Intention to Levy and Collect an Assessment, and Fixing a Time and Place for a Public Hearing for Open Space Maintenance District No. 1, Annexation No. 3, Tract 32841, Northwoods ____________________________________________________________________________

SUMMARY
Adoption of Resolution that approves the Engineer’s Report on the Northwoods Assessment District, declares the City Council intent to levy and collect an increased assessment for Fiscal Year 2024-25, and fixes a time and place for a Public Hearing for Open Space Maintenance District No. 1, Annexation No. 3 Tract 32841, Northwoods

RECOMMENDATION
Staff recommends the City Council:
• Adopt Resolution 2024-21, Northwoods Assessment District, approving the Engineer’s Report and declare an intent to levy and collect an Assessment for the Fiscal Year 2024- 2025 and conduct a Public Hearing on May 28, 2024, for Open Space Maintenance District No. 1, Annexation No. 3 Tract 32841, Northwoods. • Authorize a General Fund subsidy of $4,449.20 to offset the projected operating deficit and allow for the same level of service to continue for the landscape district in FY 2024- 2025.

FISCAL IMPACT
The funds collected from the assessment are used to offset costs incurred by the City for maintenance of the Northwoods Landscape District. The assessment rate for Fiscal Year 2023- 24 was $898.42 per parcel. The rate proposed for 2024-25 is $898.42 per parcel.

Approve the Engineer’s Report on Open Space Maintenance District No. 1, Annexation No. 3, Tract 32841, Northwoods
For the Meeting of April 9, 2024 Page 2

BACKGROUND
The Northwoods Open Space Maintenance District was formed in 1978 under the provisions of the Landscape and Lighting Act of 1972, Division 15, Part 2, of the Streets and Highways Code of the State of California. The District is located west of Ladera Sera Park, south of Avenida Ladera and east of Via Palomares.

The City collects an annual assessment from 38 private homeowners to provide general maintenance services to the landscape district. The maintenance work is completed by a landscape contractor and includes maintenance of the landscaping, irrigation system, and regular tree trimming. The Streets and Highways Code of the State of California further establish procedures for the annual levy of assessments, which includes the approval of an Engineer’s Report that estimates anticipated expenses incurred by the City for maintaining the area in the upcoming fiscal year.

On February 13, 2024, the City Council adopted Resolution No. 2024-09 requesting the preparation of the Engineer’s Report for the annual levy of assessments for Open Space District No. 1, Annexation No. 3 (Tract No. 32841, Northwoods) for the Fiscal Year 2024-25. The Engineer’s Report (Attachment 2) projects a deficit of $4,449.20 for the Fiscal Year 2024-25.

Approve the Engineer’s Report on Open Space Maintenance District No. 1, Annexation No. 3, Tract 32841, Northwoods
For the Meeting of April 9, 2024 Page 3

DISCUSSION/ANALYSIS
The Engineer’s Report has been prepared with the scope of work to include general landscape, utilities such as water and electricity, as well as tree and irrigation system maintenance. No increase is proposed in the Assessment rate. The Fiscal Year 2023-24 assessment rate was $898.42 per parcel and the rate proposed for Fiscal Year 2024-25 will remain at $898.42 per parcel.

Staff is requesting that the City Council authorize a General Fund subsidy of $4,449.20 to offset the projected operating deficit and allow for the same level of service to continue for the landscape district in FY 2024-2025.

ALTERNATIVES
The Council could elect not to adopt Resolution 2024-21, Northwoods Assessment District, and deny the Engineer’s Report for the Fiscal Year 2024-2025.

By not approving the Engineer’s Report and moving forward with the Public Hearing, the Council would be moving forward without an approved assessment which would lead to all costs associated with Northwoods Assessment District being supplemented by the General Fund.

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

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

1. Resolution 2024-21

2. Engineer’s Report for Fiscal Year 2024-25 for Open Space District No. 1, Annexation No. 3, Tract 32841, Northwoods

ATTACHMENT 1
RESOLUTION 2024-21

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

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND DECLARING ITS INTENTION TO LEVY AND COLLECT AN ASSESSMENT FOR FISCAL YEAR 2024-25 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND ARTICLE XIIID OF THE

CALIFORNIA CONSTITUTION, AND FIXING A TIME AND PLACE FOR A

PUBLIC HEARING FOR HEARING OBJECTIONS FOR OPEN SPACE
MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 3, (TRACT 32841,

NORTHWOODS)
WHEREAS, The San Dimas City Council formed Open Space Maintenance District No. 1, under Resolution No. 78-38 pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California; and
WHEREAS, the San Dimas City Council proposes the continued maintenance of landscaping improvements within said district for Fiscal Year 2024-2025; and WHEREAS, the City Council of the City of San Dimas finds that the levy of an assessment at the same amount as last year is exempt from the procedure and approval process of Section 4 of Article XIIID of the California Constitution pursuant to Section 5(b) of Article XIID, and
WHEREAS, an Engineer’s Report, as required by law, has been presented to and approved by the City Council of the City of San Dimas which provides for the levied assessment at the same rate as last year for the District, and NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas, does resolve that:

SECTION 1. The City Council proposes to levy and collect an assessment to maintain improvements within Open Space Maintenance District No.1, Annexation No. 3 (Tract No. 32841) for Fiscal Year 2024-25.

SECTION 2. The scope of the maintenance work includes the maintenance and restoration of landscaping improvements, including irrigation, pruning, pest control, fertilization, weed control, drainage system, major tree trimming, and miscellaneous related work within said district.

SECTION 3. The Engineer’s Report calls for a total of $34,140.00 to be collected for Fiscal Year 2024-2025 resulting in a yearly assessment per parcel of $898.42, which is the same assessment rate as adopted for Fiscal Year 2023-2024.

SECTION 4. The City Council, by this resolution, hereby approves the Engineer’s Report which indicates the amount of the proposed assessments, the district boundary, assessment zones, and detailed description of improvements. A copy of said report is on file in the office of the City Clerk.

Resolution 2024-21 Page 2
Approving Engineer’s Report Open Space Maintenance District No. 1 Annexation No. 3 Tract 32841, Northwoods
April 9, 2024
SECTION 5. That the 28th of May, 2024, at the hour of 7:00 p.m., in the San Dimas City Council Chambers, 245 East Bonita Avenue, San Dimas, California, is hereby set as the Public Hearing where any and all persons having any objection to the levy of the proposed assessment may appear and show cause why said work should not be done or carried out in accordance with this resolution of intention. The City Council will consider all oral and written protests.

PASSED, APPROVED AND ADOPTED this 9th day of April, 2024. _____________________________________
Emmett G. Badar, Mayor
ATTEST:
_____________________________
Debra Black, City Clerk

Resolution 2024-21 Page 3
Approving Engineer’s Report Open Space Maintenance District No. 1 Annexation No. 3 Tract 32841, Northwoods
April 9, 2024
I, Debra Black, City Clerk, hereby certify that Resolution 2024-21 was adopted by the City Council of San Dimas at its regular meeting of April 9, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Debra Black, City Clerk

CITY OF SAN DIMAS
OPEN SPACE MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 3 (TRACT NO. 32841, NORTHWOODS DEVELOPMENT)

ENGINEER'S REPORT
FISCAL YEAR 2024-2025
SECTION 1 AUTHORITY FOR REPORT
This report is prepared pursuant to the order of the City Council of the City of San Dimas, and in compliance with the requirements of Article 4, Chapter 1,Landscaping and Lighting Act of 1972, and Article XIII D of theCalifornia Constitution.

SECTION 2 THE IMPROVEMENTS
The improvements consist of an irrigation system and landscaping of easements within Tract No. 32841, which was required to be installed by the developer and accepted for maintenance by the City.

The plans and specifications for the landscaping are in conformance with the requirements of the conditions of approval ofsaid Tract No. 32841, and City Standards. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of this report, and are on file in the office of the City Engineer.

SECTION 3 DIAGRAM FOR THE ASSESSMENT DISTRICT
A copy of the assessment diagram is on file in the office of the City Engineer.

SECTION 4 ESTIMATE OF COSTS OF THE IMPROVEMENTS
The cost ofthe initial landscaping ofTract No. 32841was bornebythe subdivider; therefore, all assessments relate to maintenance only.

Direct Maintenance Costs:

General Maintenance (bv Contract) $20,716.89
Utilities - Electrical $439.14
Utilities - Water $17,433.17
Tree Trimming $0.00
New Planting $0.00
Irrigation Repairs or Upgrades $0.00
Total of Direct Maintenance Costs: $38,589.20
CURRENT ASSESSMENT: $34,140.00 ($898.42/parcel)
2024-2025 ANNUAL ASSESSMENT: $34,140.00 ($898.42/parcel) 2024-2025 Deficit <$4,449.20>
Prior Fund Balance: <$26,291.28>
Ending Fund Balance: <$30,740.48>
ATTACHMENT 2

Note: The aforementioned costs match the current allowable assessment. The Ending Fund Balance is increased and has a shortfall of $30,740.48.

The maximum authorized assessment rate for the 2024-2025 Fiscal Year equates to an annual assessment of $34,140.00 ($898.42/parcel).

SECTION 5 ASSESSMENT
The following information regarding assessments to individual lots for the 2024-2025 Fiscal Year is contained herein and is to be levied on July 1, 2024. The net amount estimated to be assessed upon the assessable lands within the district is $34,140.00 ($898.42/parcel), which is apportioned to all assessable lots shown on the attached Assessment Roll.

The landscape district was developed for the benefit and enjoyment of all properties included within the assessment district boundaries, and all parcels benefit equally from the improvements.

Respectfully submitted,
Shari Garwick
Director of Public Works

CITY OF SAN DIMAS ASSESSMENT ROLL FOR
OPEN SPACE MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 3 TRACT 32841 – NORTHWOODS DEVELOPMENT
ADDRESS LOT NO. ASSESSOR'S

REFERENCE
2022-2024

ASSESSMENT
2024-2025

ASSESSMENT

INCREASE
TOTAL 2024-2025

ASSESSMENT
1793 Calle Alto 1 8395-023-002 898.42 0.00 898.42
1789 Calle Alto 2 8395-023-003 898.42 0.00 898.42
1785 Calle Alto 3 8395-023-004 898.42 0.00 898.42
1781Calle Alto 4 8395-023-005 898.42 0.00 898.42
1777 Calle Alto 5 8395-023-006 898.42 0.00 898.42
1773 Calle Alto 6 8395-023-007 898.42 0.00 898.42
1767 Calle Alto 7 8395-023-008 898.42 0.00 898.42
1765 Calle Alto 8 8395-023-009 898.42 0.00 898.42
1761 Calle Alto 9 8395-023-010 898.42 0.00 898.42
1757 Calle Alto 10 8395-023-011 898.42 0.00 898.42
1753 Calle Alto 11 8395-023-012 898.42 0.00 898.42
1749 Calle Alto 12 8395-023-013 898.42 0.00 898.42
1745 Calle Alto 13 8395-023-014 898.42 0.00 898.42
1741Calle Alto 14 8395-023-015 898.42 0.00 898.42
1737 Calle Alto 15 8395-023-016 898.42 0.00 898.42
1733 Calle Alto 16 8395-023-017 898.42 0.00 898.42
1729 Calle Alto 17 8395-023-018 898.42 0.00 898.42
1725 Calle Alto 18 8395-023-019 898.42 0.00 898.42
1721 Calle Alto 19 8395-023-020 898.42 0.00 898.42
1719 Calle Alto 20 8395-023-021 898.42 0.00 898.42
1702 Calle Alto 21 8395-023-022 898.42 0.00 898.42
1706 Calle Alto 22 8395-023-023 898.42 0.00 898.42
1710 Calle Alto 23 8395-023-024 898.42 0.00 898.42
1714 Calle Alto 24 8395-023-025 898.42 0.00 898.42
1718 Calle Alto 25 8395-023-026 898.42 0.00 898.42
1722 Calle Alto 26 8395-023-027 898.42 0.00 898.42
1726 Calle Alto 27 8395-023-028 898.42 0.00 898.42
1730 Calle Alto 28 8395-023-029 898.42 0.00 898.42
1121 Paseo Sandi 29 8395-023-030 898.42 0.00 898.42
1113 Paseo Sandi 30 8395-023-031 898.42 0.00 898.42
1105 Paseo Sandi 31 8395-023-032 898.42 0.00 898.42
1102 Paseo Sandi 32 8395-023-033 898.42 0.00 898.42
1110 Paseo Sandi 33 8395-023-034 898.42 0.00 898.42
1118 Paseo Sandi 34 8395-023-035 898.42 0.00 898.42
1780 Calle Alto 35 8395-023-036 898.42 0.00 898.42
1784 Calle Alto 36 8395-023-037 898.42 0.00 898.42
1788 Calle Alto 37 8395-023-038 898.42 0.00 898.42
1792 Calle Alto 38 8395-023-039 898.42 0.00 898.42
34,139.96 0.00 34,139.96

OPEN SPACE MAINTENANCE DISTRICT NO. 1,
ANNEXATION NO. 3 (TRACT 32841,

NORTHWOODS DEVELOPMENT)
:t AVENID6.

ASSZ3.SC 'S -
1 "-

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 9, 2024
From: Chris Constantin, City Manager
Prepared by: Joseph Jones, Recreation Manager
Subject: Approval of an Agreement with YWCA for Elderly Nutrition Program Congregate Meal Services for Up to Five Years Totaling $501,661.00; Authorize the City Manager to Sign the Agreement in a form approved by the City Attorney.
____________________________________________________________________________

SUMMARY
Staff recommends that the City Council authorize the City Manager to enter into an agreement with YWCA San Gabriel Valley to provide Elderly Nutrition Program Congregate Meal Services. The annual cost of contract includes $20,004.00 cash and an in-kind contribution of $80,328.20, totaling $100,332.20. The total value of the five-year contract will be $501,661.00.

RECOMMENDATION
Staff recommends the City Council:
• Approve the agreement with YWCA San Gabriel Valley for provision of the Elderly Nutrition Program Congregate Meal Services and authorize the City Manager to execute the necessary documents to enter into a standard three-year agreement with two optional one-year extensions for services on a form approved by the City Attorney.

FISCAL IMPACT
The annual fiscal impact of providing this program to the community is $20,004 cash and $80,328.20 in-kind contributions. A breakdown of the fiscal impact is below:

Funding
Provided by
City
Program
Category
Type of
Service
Provided
Rate Per
Month
SQ/Footage
(Or
Time/MO)
Total
Annual $
Value
Cash All Services Cash
Contributions
$1667.00 $20,004.00

Agreement with YWCA for Elderly Nutrition Program Congregate Meal Services Page 2 For the Meeting of April 9, 2024
In-Kind Funded By
OAA
Cleaning and
Maintenance
$800.00 $9600.00
In-Kind Title IIIB,
USDA
Utilities (inc.
electric, water,
gas & Phone)
$350.00 $4200.00
In-Kind Title IIIC, C-2 Transportation
of San Dimas
Residents to
site through
Prop A Funds
$6240.00
In-Kind Title IIIE
Care
Printing Costs $125.00
In-Kind Management Case
Management
Office
$2.00sq.ft/mo 152 sq. ft
Activity Rm 2
$3648.00
In-Kind Management Kitchen,
Dining,
Storage Area
$2.00sq.ft/mo 2,354.8 sq.
ft. Activity
Rm 2
$56,515.20
Total $100,332.20

BACKGROUND
The City of San Dimas Senior/Community Center promotes healthy aging, independence, and well-being of older adults through health, wellness, educational, cultural and recreational programs and services. To accomplish this goal, the city partners with different agencies to provide a variety of services such as nutrition, health information, lifelong learning, classes, and special events.

For the past 33 years, the City has partnered with YWCA San Gabriel Valley to provide nutrition services (i.e. congregate meals) to San Dimas residents. Congregate Meal Services are intended to maintain or improve the fiscal and social well-being of mobile older adults in a group setting at strategic located sites to persons 60 or older and other eligible individuals. The YWCA is supported by Federal Funds that are administered by the Los Angeles County Workforce Development, Aging and Community Services Department.

Services supported by the YWCA include but are not limited to, all elements contained in the Elderly Nutrition Program statement of work, including specific tasks, client eligibility, staffing requirements, quality control, training, mandatory coordination, customer satisfaction, outcome measures, teamwork, and performance requirements.

DISCUSSION/ANALYSIS
Prior to 2021, the City of San Dima’s annual cash contribution to the Nutrition program remained $6,240 per year for the past 30 years. Although the Federal Government subsidizes YWCA operations from funds from the United States Administration on Aging, the funds do not cover 100% of program expenses. In 2021, the City Council approved an increase of the City’s cash contribution to the YWCA from $6,240 to $20,004 per year. No additional increase in the City’s cash contribution is being requested for the proposed agreement.

Agreement with YWCA for Elderly Nutrition Program Congregate Meal Services Page 3 For the Meeting of April 9, 2024
The YWCA Elderly Nutrition Program Services levels for the past five years are as follows:
• 2019-20 (July-June) total meals served 19,931
• 2020-21 (July-June) total meals served 31,792
• 2022-23 (July-June) total meals served 33,865
• 2023-24 (July-February) total meals served 22,010 to date

ALTERNATIVES
The City Council could direct staff to not sign the proposed agreement with the YWCA and to cease providing core nutritional services to residents. Under this scenario, the city would no longer offer nutritional services to seniors and would generate an annual budget savings of approximately $20,004.

The City could reject the proposed contract with YWCA and direct staff to initiate a selection process to identify another service provider to nutritional services. However, it is unknown if another viable service provider is available to provide nutrition services to the city’s senior population.

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

Respectfully submitted,
Joseph Jones
Recreation Manager
Attachments:

1. YWCA San Gabriel Valley Vendor Agreement Draft

Rev. 5/22 Page 1 of 15 Vendor Agreement

VENDOR AGREEMENT
This vendor agreement (“Agreement”) is made and effective as of July 1, 2024 (the “Effective Date”), by and between the City of San Dimas (“Agency”), a municipal corporation, and YWCA of San Gabriel Valley (“Vendor”).

RECITALS
Agency wishes to retain the services of an experienced and qualified Vendor to provide “Meal Program and Case Management for Senior Center Programs”.

Vendor represents and warrants that it is qualified to perform those services.

AGREEMENT
I. SERVICES
Vendor will provide the work and services listed in the Scope of Services attached hereto as [Exhibit A]. Vendor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional, and satisfactory manner.

II. TERM
Unless terminated earlier as provided herein below, the Agreement will continue in full force and effect from the Effective Date through Jun-30-2027. Upon mutual written Agreement, the term of this Agreement can be extended annually for two (2) years period as the parties agree.

III. COMPENSATION
A. Vendor’s Fee
For services rendered pursuant to this Agreement, Vendor will be paid in accordance with the Compensation Schedule attached hereto as [Exhibit B], provided, however, that in no event will the total amount of money paid to Vendor, for services initially contemplated by this Agreement, exceed the sum of $60,0012.00 (sixty thousand and twelve dollars), unless otherwise first approved in writing by Agency. Should this Agreement be renewed, the Vendor’s fee may be adjusted upon the written agreement of the parties.

B. Schedule of Payment
Provided the Vendor is not in default under the terms of this Agreement, upon presentation of an invoice, Vendor will be paid the fees described as provided ATTACHMENT 1
DRAFT

Rev. 5/22 Page 2 of 15 Vendor Agreement
herein above. Payment will be due within thirty (30) days after the date of the invoice.

IV. TERMINATION OF AGREEMENT
A. Agency may, at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving written notice of termination upon the Vendor at least ten (10) days prior to the date of termination. Upon receipt of said notice, the Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this section, the Agency shall pay to Vendor the actual value of the work performed up to the time of termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, the Vendor will submit an invoice to the Agency as provided herein above.

V. FORCE MAJEURE
If either party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.

VI. AGENCY REPRESENTATIVE
Agency’s City Manager or designee shall represent Agency in all matters pertaining to the administration of this Agreement, with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement. Whenever approval, directions, or other actions are required by Agency under this Agreement, those actions will be taken by the Agency Director of Parks & Recreation or designee, unless otherwise stated. The Agency’s Chief Executive has the right to designate another Agency Representative at any time, by providing notice to Vendor.

VII. VENDOR REPRESENTATIVE(S)
Vendor’s Debra Ward, Chief Executive Office, YWCA San Gabriel Valley is designated as being the principal(s) and representative(s) of Vendor authorized to DRAFT

Rev. 5/22 Page 3 of 15 Vendor Agreement
act on its behalf with respect to the work specified in this Agreement and make all decisions in connection with this Agreement. Vendor shall not change the designated representatives without prior written consent of the Agency.

VIII. BUSINESS LICENSE
The Vendor must obtain an Agency business license prior to the start of work under this Agreement, unless Vendor is qualified for an exemption.

IX. OTHER LICENSES AND PERMITS
Vendor warrants that it has all professional, contracting, and other permits and licenses required to undertake the work contemplated by this Agreement.

X. VENDOR’S RECORDS
Records of the Vendor’s time pertaining to the services and records of accounts between the Agency and the Vendor will be kept on a generally recognized accounting basis. Vendor will also maintain all other records, including without limitation invoices, correspondence, specifications, drawings, progress reports, and the like, relating to the Vendor’s services. All records will be available to Agency during normal working hours. Vendor will maintain these records for three (3) years after final payment.

XI. RETENTION OF FUNDS
Vendor authorizes Agency to deduct from any amount payable to Vendor (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate Agency for any losses, costs, liabilities, or damages suffered by Agency, and all amounts for which Agency may be liable to third parties, by reason of Vendor’s acts or omissions in performing or failing to perform Vendor’s obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Vendor, or any indebtedness exists that appears to be the basis for a claim, Agency may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of Agency to exercise the right to deduct or to withhold will not, however, affect the obligations of Vendor to insure, indemnify, and protect Agency as elsewhere provided in this Agreement.

XII. NON-LIABILITY OF AGENCY OFFICERS AND EMPLOYEES
DRAFT

Rev. 5/22 Page 4 of 15 Vendor Agreement
No officer or employee of Agency will be personally liable to Vendor, in the event of any default or breach by the Agency or for any amount that may become due to Vendor under this Agreement.

XIII. INDEPENDENT CONTRACTOR
A. Vendor is and shall at all times remain as to the Agency a wholly independent contractor. Vendor’s employees performing the services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Vendor or any of Vendor's employees, except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that it or any of its employees or agents are in any manner employees or agents of the Agency. Vendor shall not incur nor have the power to incur any debt, obligation, or liability whatsoever against Agency, or bind Agency in any manner.

B. No employee benefits shall be available to Vendor in connection with the performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Vendor and/or its employees for performing work or services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Vendor for injury or sickness to its employee(s) arising out of performing work or services hereunder.

XIV. SUBCONTRACTORS
Before Vendor retains or hires a subcontractor to provide any work, labor, or services relative to this Agreement, Vendor must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to Agency;
B. Present to the Agency the form of subcontract that will be used with the subcontractor for Agency’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained herein of this Agreement and must specifically name the Agency as an indemnified party; and C. Secure from the subcontractor evidence of insurance coverage that meets with this Agreement including naming the Agency as an additional insured as required by this Agreement, unless such requirement is waived in writing by the Agency as provided herein below.

XV. INDEMNIFICATION
DRAFT

Rev. 5/22 Page 5 of 15 Vendor Agreement
Vendor shall indemnify, defend, and hold harmless the Agency, and its officers, employees, and agents (“Agency Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorney’s fees and costs of litigation (“claims”), arising out of the Vendor’s performance of its obligations under this agreement or out of the operations conducted by Vendor, including the Agency’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the Agency. In the event the Agency Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor’s performance of this Agreement, the Vendor shall provide a defense to the Agency Indemnitees or at the Agency’s option reimburse the Agency Indemnitees their costs of defense, including reasonable attorney’s fees, incurred in defense of such claims.

Payment by Agency is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Vendor and Agency, as to whether liability arises from the sole negligence or willful misconduct of the Agency or its officers, employees, or agents, Vendor will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Agency as solely negligent or to have acted with willful misconduct. Vendor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

XVI. INSURANCE
Without limiting Vendor’s indemnification of Agency, and prior to commencement of work, Vendor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the types and amounts described below and in a form that is satisfactory to Agency.

General liability insurance. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Vendor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. [If required to meet higher limits]. Vendor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, DRAFT

Rev. 5/22 Page 6 of 15 Vendor Agreement
including commercial general liability, automobile liability, and employer’s liability.

Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.

Should Vendor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Workers’ compensation insurance. Vendor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

Vendor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.

Other provisions or requirements
Proof of insurance. Vendor shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein.

Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Vendor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Vendor, their agents, representatives, employees, or subconsultants.

Primary/non-contributing. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency DRAFT

Rev. 5/22 Page 7 of 15 Vendor Agreement
before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Vendor or Agency will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, Agency may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Vendor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Vendor of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Notice of cancellation. Vendor agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Vendor’s insurers are unwilling to provide such notice, then Vendor shall have the responsibility of notifying the Agency DRAFT

Rev. 5/22 Page 8 of 15 Vendor Agreement
immediately in the event of Vendor’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Vendor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Vendor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought into or involved in the services by Vendor (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Vendor. Vendor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Vendor’s Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Vendor may still be able to utilize the Subcontractor provided Vendor shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Vendor, but in all other terms consistent with the Vendor’s requirements under this Agreement. This provision does not relieve the Vendor of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its Subcontractors. This provision is intended solely to provide Vendor with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Vendor under this Agreement given the limited scope of work or services provided by the Subcontractor. Vendor agrees that upon request, all agreements with Subcontractors, and others engaged in the services, will be submitted to Agency for review.

Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Vendor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Vendor, the Agency and Vendor may renegotiate Vendor’s compensation.

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Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely notice of claims. Vendor shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Vendor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Vendor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

XVII. CONFLICT OF INTEREST
No officer or employee of the Agency may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.

No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

XVIII. NOTICE
All notices, requests, demands, or other communications under this Agreement will be in writing. Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

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C. Certified mail. When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.

D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.

E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.

Addresses for purpose of giving notice are as follows:

To AGENCY: The City of San Dimas
245 East Bonita Avenue
San Dimas, CA 91773
Attention: Chris Constantin, City Manager
To VENDOR: YWCA of San Gabriel Valley
934 North Grand Avenue
Covina, CA 91724
Attention: Debra Ward, Chief Executive Office
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this Agreement, and delivery to the last known address or fax number shall be deemed sufficient for notice under this Agreement.

XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. The Agreement may not be assigned or subcontracted by either Agency or Vendor without the prior written consent of the other.

XX. INTEGRATION; AMENDMENT
This Agreement represents the entire understanding of Agency and Vendor as to those matters contained in it. No prior oral or written understanding will be of any DRAFT

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force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties.

XXI. INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply.

XXII. SEVERABILITY
If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect.

XXIII. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

XXIV. GOVERNING LAW; JURISDICTION
This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in a court of competent jurisdiction within the county in which Agency is located.

XXV. COMPLIANCE WITH STATUTES AND REGULATIONS
Vendor will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.

XXVI. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.

XXVII. ATTORNEY’S FEES
Except as provided for herein above, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this DRAFT

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Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post-judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

XXVIII. EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.

XXIX. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this Agreement on behalf of the Vendor warrant: (i) the Vendor is duly organized and existing under the appropriate state laws; (ii) they are duly authorized to execute this Agreement on behalf of the Vendor; (iii) by so executing this Agreement, the Vendor is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Vendor is bound.

By VENDOR: YWCA of San Gabriel Valley
(Signature)
(Typed Name)
(Title)
AGENCY: City of San Dimas
A Municipal Corporation
City Manager
ATTEST:

City Clerk
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APPROVED AS TO FORM:

By City Attorney
Attachments: Exhibit A Scope of Services
Exhibit B Compensation Schedule
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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 9, 2024
From: Chris Constantin, City Manager
Prepared by: Shari Garwick, Director of Public Works
Subject: Approve 1st Amendment to Maintenance Contract No. 2017-03 Annual Striping Maintenance Services with Superior Pavement Markings, Inc. which extends the contract limit amount to $210,000 for FY 2023-24 and extends the contract through August 31, 2024
____________________________________________________________________________

SUMMARY
The City’s annual Striping Maintenance Contract was publicly bid in 2017 and was awarded to the lowest bidder, Superior Pavement Markings Inc. for an annual amount of $75,000 with an ability to renew for 6 additional years. The contract is typically used to refresh existing pavement striping and markings, or to update striping and markings to meet current legal regulations. Since the contract was awarded there have been several required changes that impact the frequency and cost of pavement striping. To increase the frequency and visibility of striping, Staff is requesting Council approve the 1st Amendment to Maintenance Contract 2017-03 which increases the Contract Limit from $75,000 to $210,000. The 1st Amendment also extends the contract term through August 31st, 2024. Additional Funding of $100,000 was allocated for supplementary striping at the February 27, 2024 Council Meeting.

RECOMMENDATION
City staff recommends that Council
• Approve the 1st Amendment to Maintenance Contract 2017-03 Annual Striping Maintenance Services with Superior Pavement Markings, Inc in a form approved by the City Attorney to
o Increase the contract limit for Maintenance Contract 2017-03 to $210,000 for FY 2023-24, and
o Extend the contract term until August 31, 2024.

FISCAL IMPACT

Increase of contract limit for Superior Striping to $200,000 Page 2 For the Meeting of April 9, 2024
Funding for the additional striping was appropriated at the February 27th, 2024 Council Meeting.

Approval of 1st Amendment to Maintenance Contract 2017-03 (Attachment 1) is necessary to increase the not to exceed contract limit for Maintenance Contract 2017-03 Annual Striping Maintenance Services from $75,000 to $210,000 and to extend the contract term to August 31, 2024.

BACKGROUND
On November 28, 2017, Council awarded Superior Pavement Markings Incorporated the Maintenance Contract 2017-03 for the Annual Striping Maintenance Services citywide (Attachment 2). This contract was publicly bid with Superior Pavement Marking (Superior) being the lowest responsive bidder.

The contract includes painting of white lines, yellow centerlines, arrows, crosswalks, pavement markings, (stop legends, railroad crossings, bike lane markings, etc.), and installation of pavement markers (white and yellow reflector tabs, etc.).

The contract allows for multiple years of renewals of which the last allowable extension period ends in 2024. Work from the contractor has been of high quality and the contract was extended on July 1, 2023 through June 30, 2024.

DISCUSSION/ANALYSIS
There are several factors that result in increased costs for pavement striping and markings. New regulations have been a large factor impacting the formulation of the paint, the amount of paint required, and changes to standards requiring remarking. Additionally, there have been several Traffic Safety items where pavement marking is used to create better visibility of pedestrian or driving conditions.

Historically, restriping of lane lines, centerlines, pavement markings such as arrows and Railroad Crossings and crosswalks were done approximately every 5 to 7 years. However, over the last several years, there have been legislative regulations impacting paint formulations restricting the use of oil (to prevent off-gassing and water runoff contamination). These restrictions have reduced the life of traffic paint to only about 3 years. The additional funds will be used to restripe heavily traveled arterials (San Dimas Ave, Arrow Highway, etc.) where the existing striping is fading.

Another area in which legislation has impacted costs is in the amount of paint required. Federal and State regulations emphasize visibility. Typically, this results in increasing the width of the lane line or stop bar (limit line). For instance, most lane lines are moving from 4 inches to 6 inches and railroad crossing elements are now 24 inches instead of 12 inches. The increased widths result in additional material costs.

To increase visibility, San Dimas repaints crosswalks near schools every year. The City also installs High Visibility crosswalks near schools and at other locations where pedestrian safety would be increased. Attachment 3 shows the difference in a regular crosswalk and a High Visibility crosswalk. High Visibility Crosswalks cost about $12,000 per intersection for the initial installation due to the amount of labor and the amount of paint used. Extending Maintenance Contract 2017-03 through August 31, 2024, will enable the existing contractor who is familiar with City standards to refresh the school crosswalks just prior to start of the new school year. Striping

Increase of contract limit for Superior Striping to $200,000 Page 3 For the Meeting of April 9, 2024
is most visible immediately after painting. The new annual contract for striping is expected to be bid later this year.

The combined impacts of legislative requirements and safety practices have increased the City’s striping costs significantly leading to staff’s request for Council to approve Amendment 1 to Maintenance Contract 2017-03 which increases the contract limit to $210,000 for FY 2023-24 and extends the contract time to August 31, 2024.

ALTERNATIVES
Council may decide not to increase the amount and extend the contract. Should Council decide not to grant this request, there would be delay in restriping the arterial streets and crosswalks until a new annual striping maintenance contract is awarded. This could take several additional months.

ENVIRONMENTAL REVIEW
This item is Categorically Exempt under the California Code of Regulations, Title 14, Section 6, Chapter 3, Article 19, Section 15301 Existing Facilities Class 1 operations which consists of the operation, repair, maintenance or minor alteration of existing public or private facilities involving negligible or no expansion of existing or former use.

Respectfully submitted,
Shari Garwick
Director of Public Works
Attachments:

1. Draft 1st Amendment to MC2017-03

2. Maintenance Contract 2017-03 Signed Contract

3. High Visibility Crosswalk

ATTACHMENT 1
01171.0006/973478.1
1 st AMENDMENT TO
MAINTENANCE CONTRACT NO. MC2017-03

BETWEEN

THE CITY OF SAN DIMAS
AND

SUPERIOR PAVEMENT MARKINGS, INC
WHEREAS, on February 2, 2018, the City of San Dimas (“City”) entered into Maintenance Contract No. 2017-03 (“Contract”) with Superior Pavement Markings, Inc. (“Contractor”) for street striping maintenance.

WHEREAS, the most recent extension of the Contract terminates on June 30, 2024.

WHEREAS, the parties wish to amend the Contract to extend the contract term and increase annual the total not-to-exceed compensation.

NOW THEREFORE, the parties agree as follows:

Paragraph 2.1 of the Contract is hereby amended to read as follows:
“2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “B” and incorporated herein by this reference. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. The total compensation, including reimbursement for actual expenses, shall not exceed two hundred and ten thousand dollars ($210,000 annually), over the total Term of the Agreement stated in Article 4.0, unless additional compensation is approved pursuant to this Article 2.” Pursuant to Section 4.1 of the Contract, upon termination of the Agreement on June 30, 2024, the City may extend the Contract on a month to month basis. The city hereby exercises this option through August 30, 2024.

All other terms and conditions of the Contract shall remain in full force and effect.

Signature Page to follow.

ATTACHMENT 1
01171.0006/973478.1

CONTRACTOR AGENCY
Superior Pavement Markings, Inc. City of San Dimas
____________________ _______________________
Chris Constantin
City Manager
Date:_______________ Date:___________________

APPROVED AS TO FORM
_______________________
Jeff Malawy, City Attorney
Date:___________________

ATTACHMENT 2

ATTACHMENT 3

Figure 1: Standard Crosswalk
Figure 21: High Visibility Crosswalk