San Dimas City Council
July 23, 2024

CITY COUNCIL MEETING AGENDA
TUESDAY JULY 23, 2024 7:00 PM
SAN DIMAS COUNCIL CHAMBER
245 EAST BONITA AVENUE
A public agenda packet is available for review on the City’s website  www.sandimasca.gov or by contacting the City Clerk’s Office at [email protected].

Members of the public may observe the City Council meeting live on the City of San Dimas website at www.sandimasca.gov or on KWST Channel 3. To view from the website, select the Watch City Council Meetings blue button from the home page.
7:00 PM
CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem Eric Nakano, Councilmember Rachel Bratakos, Councilmember Ryan A. Vienna, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE
ORAL COMMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Adopt Resolution 2024­52, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Warrant Register of July 30, 2024 in the amount of $626,921.45 .

CC2. Approve the Minutes of the July 9, 2024 City Council Meeting CC3. Receive and File the June 2024 Investment Report
CC4. Approve a Professional Services Agreement with Interwest Consulting Group in an Amount not to Exceed $150,000 for On­Call Planning Services; and Approve the Appropriation of Funds for the Agreement
CC5. Adopt Ordinance 1306, Amending Chapter 14.11 (Stormwater Management and Discharge) & Chapter 14.13 (Low Impact Development) of the San Dimas Municipal Code to Implement

CC1. Adopt Resolution 2024­52, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Warrant Register of July 30, 2024 in the amount of $626,921.45 .

CC2. Approve the Minutes of the July 9, 2024 City Council Meeting CC3. Receive and File the June 2024 Investment Report
CC4. Approve a Professional Services Agreement with Interwest Consulting Group in an Amount not to Exceed $150,000 for On­Call Planning Services; and Approve the Appropriation of Funds for the Agreement
CC5. Adopt Ordinance 1306, Amending Chapter 14.11 (Stormwater Management and Discharge) & Chapter 14.13 (Low Impact Development) of the San Dimas Municipal Code to Implement Updates to the Los Angeles Regional Water Quality Control Board’s Municipal Separate Storm Sewer System (MS4) Permit.

CC6. Approve the Additional National Opioid Settlement with The Kroger Co. Adopt Resolution 2024­53 Authorizing the City Manager to Execute the Settlement Documents CC7. Adopt Resolution 2024­54, Approving Final Tract Map 73584 and Approving and Authorizing the City Manager to Execute the Subdivision Agreement for Properties Located at 300 N.

Walnut Ave, 343 Moore Lane, and unaddressed properties (APN’s: 8390­009­0013, 8390­ 009­0010, 8390­009­0011 and 8390­009­0031)
CC8. Approve a Renewal Agreement with Shuster Advisory Group, LLC for Plan Consulting and Investment Fiduciary Services for a Three­Year Term with the Option to Extend up to two Additional Years at a Rate of $25,500 per year for the 457(b) Deferred Compensation, 401(a) Defined Contribution Plan and Retiree Healthcare Savings Plans and Authorize the City Manager to Execute the Agreement in a Form Approved by City Attorney CC9. Approve an Agreement with Edlin Gallagher Huie + Blum as Special Legal Counsel for Litigation Associated with the BKK Landfill
CC10. Deny Claim Shin v. City of San Dimas CJP 3051919 WRV END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.

OTHER BUSINESS
OB1. Approve Resolution 2024­55, Approving and Authorizing the Assignment and Assumption Agreement and Lease Guaranty which Transfers the Sycamore Canyon Equestrian Center Lease Agreement and Three­Party Community Arena Agreement from Lauree and Danny Adair (dba D&L Ranch Management Company) to S & S Equine LLC operated by Steve and Sharlene Jackson and Authorizing the City Manager to Execute the Agreement.

RECOMMENDATION: Staff recommends the City Council:

Adopt Resolution 2024­55 approving and authorizing the City Manager to execute the Assignment and Assumption Agreement and Lease Guaranty to effectuate a transfer of the lease agreement to operate the Sycamore Canyon Equestrian Center (SCEC), and a transfer of the Three Party Community Arena Agreement, from Danny and Lauree Adair dba D&L Ranch Management Company to S&S Equine LLC, in a form approved by the City Attorney.

ORAL COMMUNICATIONS
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Lease Agreement and ThreeParty Community Arena Agreement from Lauree and Danny Adair (dba D&L Ranch Management Company) to S & S Equine LLC operated by Steve and Sharlene Jackson and Authorizing the City Manager to Execute the Agreement.

RECOMMENDATION: Staff recommends the City Council:

Adopt Resolution 2024­55 approving and authorizing the City Manager to execute the Assignment and Assumption Agreement and Lease Guaranty to effectuate a transfer of the lease agreement to operate the Sycamore Canyon Equestrian Center (SCEC), and a transfer of the Three Party Community Arena Agreement, from Danny and Lauree Adair dba D&L Ranch Management Company to S&S Equine LLC, in a form approved by the City Attorney.

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 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 July 19, 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.

July 19, 2024 Debra Black
Debra Black, City Clerk

RESOLUTION 2024-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR JULY 30, 2024 WHEREAS, the following listed demands have been audited by the Director of Administrative Services; and
WHEREAS, the Director of Administration Services has certified as to the availability of funds for payment thereto; and
WHEREAS, the register of audited demands has been submitted to the City Council for approval.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve the Warrant Register of July 30, 2024, in the amount of $626,921.45.

PASSED, APPROVED AND ADOPTED this 23rd, day of July 2024. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-52 was approved by vote of the City Council of the City of San Dimas at its regular meeting of July 23, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

CITY COUNCIL MEETING

ACTION MINUTES
JULY 9, 2024 7:00 PM

REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Councilmember Rachel Bratakos, Councilmember Eric Nakano, Councilmember Eric Weber
Council Members Absent: Mayor Pro Tem Vienna
Staff: Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Community Development Luis Torrico, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Manager Chris Constantin (via Zoom) Call to Order: 7:00 PM

CONSENT ITEMS COMMENTS/RECOMMENDATIONS

1. Adopt Resolution 2024-51, A Resolution
of the City Council of the City of San
Dimas, Approving Certain Demands for
the Prepaid Warrant Register of June 30,
2024, in the Amount of $179,973.00 and
Warrant Register of July 15, 2024, in the
amount of $2,395,743.55.

2. Approve the minutes of the June 25,
2024, City Council Meeting

3. Deny Claim Ogas v. City of San Dimas
CJP 3051878 GRV

4. Deny Claim Ermer v. City of San Dimas
CJP 3051860

5. Approve the Sole Source Procurement of
Nostalgia Street Light Poles and
Luminaires in the Amount of
$115,644.70. Approve the Sole Source
Procurement of Tesco Pedestals in the
Amount of $23,477.00. Authorize a Total
Budget Amount of $139,091.70 for the
Procurements.

6. Approve the Extended Timeframe to
Remove Temporary Outdoor Dining
Structures Erected During the COVID-19
Emergency to September 30, 2024.

7. Adopt Ordinance 1306, Amending
Chapter 14.11 (Stormwater Management
Roll Call:

Bratakos: Present
Nakano: Present
Weber: Present
Badar: Present
Vienna: Absent
Councilmember Nakano requested
discussion for item 5.

MOTION: Motion by Councilmember Nakano
seconded by Councilmember Weber to
approve the consent calendar items 1,2,3,4,6
and 7. Motion carried 4-0-1.

Yes: Badar, Bratakos, Nakano, Weber
No: None

Absent: Vienna
Abstain: None
MOTION: Motion by Councilmember Weber
seconded by Councilmember Bratakos to
approve the consent calendar item 5. Motion
carried 4-0-1.

Yes: Badar, Bratakos, Nakano, Weber

Approve Minutes of July 9, 2024 City Council Meeting Page 2 For the Meeting of July 23, 2024
and Discharge) & Chapter 14.13 (Low
Impact Development) of the San Dimas
Municipal Code to Implement Updates to
the Los Angeles Regional Water Quality
Control Board’s Municipal Separate
Storm Sewer System (MS4) Permit.

No: None

Absent: Vienna
Abstain: None

CITY REPORTS COMMENTS/RECOMMENDATIONS

1. City Manager

2. City Attorney City Attorney announced the closed session item of significant exposure to litigation on
potential liability for contamination of the BKK
Landfill in West Covina.

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

4. Appointment of a Mayor Pro Tem MOTION: Motion by Councilmember Weber seconded by Councilmember Bratakos to
appoint Councilmember Nakano as Mayor
Pro Tem. Motion carried 4-0-1.

Yes: Badar, Bratakos, Nakano, Weber
No: None

Absent: Vienna
Abstain: None

CITY COUNCIL REQUESTS FOR

FUTURE ITEMS

COMMENTS/RECOMMENDATIONS
None

CLOSED SESSION ITEMS COMMENTS/RECOMMENDATIONS

1. CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED

LITIGATION
Significant Exposure to Litigation
Pursuant to Government Code Section
54956.9(d)(2): One Case
Following the closed session, the City
Attorney made a public announcement as
follows: The City Council met and discussed
the closed session item listed on the agenda.

The City Council discussed the item and
gave direction to staff, but no reportable
action was taken.

Adjourned: 7: 45 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

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of July 23, 2024
From: Chris Constantin, City Manager
Prepared by: Michael O'Brien, Director of Administrative Services Subject: Receive and File the June 2024 Investment Report ____________________________________________________________________________

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

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

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

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

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

The City’s investment portfolio as of June 30, 2024 maintained liquid cash in the amount of $18,673,308.99 held between BMO Harris, the City, LAIF and the CALTRUST Liquidity Fund which amounts to just over 23% of the portfolio to provide the cash flow necessary for City payroll and operating expenditures as well as large capital project expenses and unforeseen emergencies that may occur come up throughout the year. The following chart displays the total investments and weighted average yield per investment category:

Receive and File the June 2024 Investment Report Page 2 For the Meeting of July 23, 2024
The City’s Banking Services Provider BMO Harris provides a fully collateralized checking account whose funds are used to make cash payments for City payroll and operational expenses. The city performs daily bank reconciliations to assure adequate cash is held in the checking account for upcoming expenditures. Cash held in the account earns income credits that accumulate at a rate of .75% which offsets banking service charges that are charged each quarter to the city.

As of June 10, 2024, the city opened a collateralized money market account with BMO Harris.

For the month of June, this money market yielded 1.00% interest.

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

The Local Agency Investment Fund (LAIF) is considered a Local Agency Investment Pool and acts much like a money market account. Funds can be deposited and withdrawn without penalty. The pool invests funds in short-term securities and can produce returns at rates like money markets but is considered more secure.

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

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

In total the weighted average cost of investing in CALTRUST is $9.99. Currently due to increasing interest rates driving market rates down for assets already held, the share price of the fund as of June 30, 2024, was $9.74. Until interest rates decline to the point that share price would increase to $9.99 or above, the city would be recognizing a loss on sale. However, the City could pull out funds at any time if liquidity needs arose.

Receive and File the June 2024 Investment Report Page 3 For the Meeting of July 23, 2024
Beginning in the month of January 2024, the City opened a liquid fund with CALTRUST which is not subject to market rate adjustments due to the type of investments utilized. The fund yielded

5.40% for the month of June, out yielding LAIF by .92%. The City intends to take advantage of the high yielding short term investments until yields are no longer inverted The City Treasurer also utilizes Brokers to purchase investment securities such as Government Sponsored Enterprises (Agency Bonds), Corporate Bonds, U.S. Treasuries and Negotiable CD’s.

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

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

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

Maturity Range Guideline Portfolio Percentage
1 Day to 1 Year 30% - 100%
1 Year to 3 Years 5% - 60%
3 Years to 5 Years 0% - 40%
The Cities current investment maturity range is as follows:

The weighted average maturity for all City investments is 1.42 years, which is ideal in today’s rising interest rate environment. The short time to maturity of our investments will allow the city to reinvest the matured principal amounts into investments that are likely to be offered at higher yields.

Receive and File the June 2024 Investment Report Page 4 For the Meeting of July 23, 2024
Specific details pertaining to the Cities investment names, CUSIP #’s, coupon and purchase yields, maturity dates, par and book values are included in the Investment and Cash Condition Report attachment.

A second attachment is included with this report that contains copies of the investment authorization forms detailing the investment purchases that were made during the month of June.

Investments were purchased with funds on hand with the brokers from investments that matured during the month or from cash on hand in the City Checking account that was wired out to complete the purchase of the investments.

At the end of each fiscal year the City is required to adjust the book values of all its investments to equate to the reported fair market value following the Governmental Accounting Standards Boards Pronouncement 31 standards for financial reporting. During the preparation of this report, not all of the June Fair market values for all investments were available. The updated Investment report will be resubmitted once all the information for the calculation is available.

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

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

1. Investment and Cash Condition Report

2. Investment Authorization Forms detailing funds used to purchase investments.

CITY OF SAN DIMAS

MONTHLY CASH BALANCE INVESTMENT REPORT
JUNE 2024

ENDING BALANCE
$1,154,371.45
BMO HARRIS - MONEY MARKET ACCOUNT $3,001,666.67
$2,640.00
$9,354,630.77
$5,160,000.10
$14,119,384.49
$253,181.57
CUSIP # COUPON
YIELD

PURCHASE

YIELD MATURITY PAR VALUE BOOK VALUE
CHEVRON - 3 YEAR BOND 166756ALO 1.02% 4.75% 8/12/2027 $250,000.00 $222,444.51 UNITED HEALTH GROUP - 4 YEAR BOND 91324PDK5 3.85% 4.73% 6/15/2028 $250,000.00 $241,935.46 NY LIFE GLOBAL - 5 YEAR BOND 64952WFF5 4.70% 4.76% 1/29/2029 $500,000.00 $500,000.00 METLIFE GLOBAL - 5 YEAR BOND 59217GFR5 4.85% 4.90% 1/8/2029 $250,000.00 $249,451.14 MASS MUTUAL GLOBAL - 5 YEAR BOND 57629W4T4 5.15% 5.15% 5/30/2029 $250,000.00 $249,998.23 NORTHWESTERN MUT GLOBAL - 5 YEAR BOND 66815L2Q1 4.71% 5.16% 1/10/2029 $250,000.00 $245,327.02 $1,709,156.36
CALIFORNIA ST DEPT WATER - 4 YEAR BOND 13067WRF1 1.32% 4.70% 12/1/2028 $250,000.00 $215,147.50 YUCAIPA VY CALIF WATER DISTRICT 98840BBD4 2.29% 4.72% 9/1/2027 $250,000.00 $232,227.50 ONTARIO CALIFORNIA PUB - 3 YEAR BOND 68304RCD0 1.81% 4.52% 10/1/2027 $255,000.00 $232,539.60 CALIFORNIA ST UNIV REV SYSTEMWIDE- 4 YEAR BOND 13077DQG0 3.85% 4.70% 6/15/2028 $310,000.00 $270,924.50 SOLANO CALIF COMMUNITY COLLEGE - 4 YEAR BOND 83412PHB1 1.48% 4.50% 8/1/2028 $350,000.00 $308,661.50 $1,259,500.60
FEDERAL NATIONAL MTG ASSN - 4 YEAR BOND 3135GASJ1 4.50% 4.70% 5/17/2028 $250,000.00 $248,175.00 $248,175.00
WELLS FARGO & CO MEDIUM TERM - 3 YEAR BOND 95001DC40 4.50% 4.50% 7/28/2025 $250,000.00 $250,000.00 CFI- 5 YEAR BOND 17298CK64 1.00% 1.00% 8/28/2025 $500,000.00 $500,000.00 BANK OF AMERICA - 5 YEAR BOND 06048WK25 0.75% 0.75% 10/30/2025 $250,000.00 $250,000.00 GOLDMAN SACHS GROUP - 5 YEAR BOND 38150EH4 0.80% 0.80% 11/24/2025 $290,000.00 $290,000.00 JP MORGAN BOND - 5 YEAR BOND 48128G3G3 1.20% 1.20% 4/30/2026 $285,000.00 $285,000.00 EXXON MOBILE CORP - 7 YEAR BOND 30231GBD3 2.28% 0.98% 8/16/2026 $250,000.00 $264,953.75 GOLDMAN SACHS GROUP - 5 YEAR BOND 38150AJ63 1.70% 1.70% 10/29/2026 $210,000.00 $210,000.00 MORGAN STANLEY FIN GLOBAL - 5 YEAR BOND 61766YGT2 1.35% 1.35% 11/18/2026 $250,000.00 $250,000.00 JP MORGAN CHASE BOND - 5 YEAR BOND 48128G5Y2 2.10% 2.10% 1/29/2027 $270,000.00 $270,000.00 BANK OF AMERICA - 5 YEAR BOND 06048WS84 2.75% 2.75% 3/2/2027 $250,000.00 $250,000.00 MORGAN STANLEY-FIN GLOBAL 5 YEAR BOND 61766YJQ5 3.25% 3.25% 4/13/2027 $250,000.00 $250,000.00 INTEL CORP - 5 YEAR BOND 458140BY5 3.75% 4.25% 8/5/2027 $250,000.00 $244,538.75 $3,314,492.50
UNITED STATES TREASURY BILLS - 6 MONTH 912797LF2 5.04% 5.24% 12/5/2024 $572,000.00 $557,825.27 UNITED STATES TREASURY BILLS - 3 MONTH 912797LJ4 5.10% 5.25% 9/24/2024 $253,000.00 $249,589.31 $807,414.58
OCEANFIRST BANK - 2 YEAR CD 67523TBE2 3.25% 3.25% 7/1/2024 $246,000.00 $246,000.00 MORGAN STANLEY PRIVATE BANK - 5 YEAR CD 61760AR76 2.20% 2.20% 8/1/2024 $247,000.00 $247,000.00 AMERICAS CR - 2 YEAR CD 03065AAV5 3.65% 3.65% 9/27/2024 $249,000.00 $249,000.00 SYNCHRONY BK RETAIL - 3 YEAR CD 87164WQ68 3.30% 3.30% 8/26/2025 $245,000.00 $245,000.00 CAPITAL ONE BANK - 4 YEAR CD 14042TFH5 2.65% 2.65% 4/13/2026 $246,000.00 $246,000.00 TOYOTA FINANCIAL SAVINGS - 5 YEAR CD 89235MLC3 0.95% 0.95% 7/15/2026 $248,000.00 $248,000.00 GOLDMAN SACHS BANK USA NEW YORK - 5 YEAR CD 38149M4T7 2.65% 2.65% 4/13/2027 $246,000.00 $246,000.00 STATE BANK OF INDIA - 5 YEAR CD 856285N64 3.30% 3.30% 6/1/2027 $245,000.00 $245,000.00 CENTRAL BANK LITTLE ROCK ARK - 5 YEAR CD 152577BS0 5.30% 5.30% 6/30/2028 $248,000.00 $248,000.00 ENVISION C.U- 5 YEAR CD 29415AAQ8 5.40% 5.40% 7/14/2028 $248,000.00 $248,000.00 $2,468,000.00

INVESTMENTS
TVI TRESURY BILLS INVESTMENT SUBTOTAL:

SUMMARY OF BANK BALANCES YIELD

4.480%

BMO HARRIS - GENERAL ACCOUNT

SAN DIMAS PETTY CASH - IMPREST FUNDS

LOCAL AGENCY INVESTMENT FUND (LAIF) CA STATE TREASURER

5.40%
INVESTMENTS HELD WITH GREAT PACIFIC SECURITIES:

TVI CD'S INVESTMENTS SUBTOTAL :

TVI CORPORATE BONDS INVESTMENTS SUBTOTAL:

CALTRUST INVESTMENT PROGRAM-MEDIUM TERM 4.26%

CALTRUST LIQUIDITY FUND
INVESTMENTS HELD WITH TVI:

PACIFIC SECURITIES COMMERCIAL & MUNICIPAL BONDS INVESTMENTS SUBTOTAL:

PACIFIC SECURITIES CORPORATE BONDS INVESTMENTS SUBTOTAL:

GREAT PACIFIC SECURITIES HELD FOR INVESTMENTS
PACIFIC SECURITIES GOVERNMENT SPONSORED ENTERPRISES (GSE) AGENCY BONDS INVESTMENTS SUBTOTAL:

ATTACHMENT 1

FNMA - FEDL NAT MTG ASSN POOL BALLOON - 5 YEAR BOND 3138L8UV4 2.92% 4.85% 1/1/2025 $300,000.00 $272,755.79 FEDERAL NATIONAL MEETING ASSN- 5 YEAR BOND 3136G4A86 0.50% 0.55% 7/21/2025 $250,000.00 $249,375.00 FEDERAL FARM CREDIT BANK BOND - 4 YEAR BOND 3133ENEH9 1.13% 1.13% 11/17/2025 $250,000.00 $250,000.00 FEDERAL HOME LOAN BANK -- 5 YEAR BOND 3130AL2G8 0.60% 0.75% 2/18/2026 $250,000.00 $248,250.00 FNMA - DISC BOND - 3YEAR 3138LDPW7 2.68% 4.58% 5/1/2026 $250,000.00 $228,805.98 FEDERAL NATIONAL MEETING ASSN- 2 YEAR BOND 3138LDYL1 2.47% 4.93% 6/1/2026 $500,000.00 $473,750.00 FEDERAL HOME LOAN BK BD - 5 YEAR BOND 3130ANMH0 1.10% 1.42% 8/20/2026 $250,000.00 $246,400.00 FEDERAL NATIONAL MEETING ASSN- 3 YEAR BOND 3135GALL3 5.15% 5.15% 1/11/2027 $500,000.00 $500,000.00 FEDERAL HOME LOAN BK BD - 4 YEAR BOND 3130AUSR6 5.00% 5.03% 2/9/2027 $500,000.00 $499,500.00 FEDERAL FARM CREDIT BANK - 5 YEAR BOND 3133ENSZ4 2.75% 2.75% 4/1/2027 $250,000.00 $250,000.00 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 3134GXTZ7 3.50% 3.50% 5/26/2027 $250,000.00 $250,000.00 FARMER MAC - 3 YEAR BOND 31424WKN1 5.23% 5.23% 6/25/2027 $500,000.00 $500,000.00 FEDERAL HOME LOAN BK BD - 5 YEAR BOND 3130ASF53 3.25% 3.41% 6/30/2027 $500,000.00 $499,250.00 FEDERAL HOME LOAN BK BD - 5 YEAR BOND 3130ASZ69 4.05% 4.08% 8/27/2027 $250,000.00 $249,625.00 FEDERAL NATIONAL MEETING ASSN- 5 YEAR BOND 3140LBSE4 1.09% 4.38% 3/1/2028 $350,000.00 $306,250.00 FEDERAL FARM CREDIT BANK - 4.5 YEAR BOND 3133EPP90 5.50% 5.50% 6/21/2028 $1,000,000.00 $1,000,000.00 FEDERAL HOME LOAN - 5 YEAR BOND 3130AWMJ6 5.75% 5.75% 7/26/2028 $500,000.00 $500,000.00 FEDERAL HOME LOAN BANK - 5 YEAR BOND 3130AY6S0 5.42% 5.42% 12/21/2028 $500,000.00 $500,000.00 FEDERAL FARM CREDIT BANK- 5 YEAR BOND 3133EPX59 5.43% 5.43% 1/23/2029 $750,000.00 $749,750.00 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 3134H1RV7 5.35% 5.38% 2/8/2029 $500,000.00 $499,375.00 FEDERAL NATIONAL MEETING ASSN- 5 YEAR BOND 3135GAN31 5.20% 5.23% 2/14/2029 $500,000.00 $499,375.00 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 3134H1UZ4 5.00% 5.14% 2/26/2029 $500,000.00 $497,000.00 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 3134H1UF8 5.75% 5.75% 2/28/2029 $500,000.00 $500,000.00 FEDERAL NATIONAL MEETING ASSN- 5 YEAR BOND 3140NUUA5 4.52% 4.52% 3/1/2029 $500,000.00 $499,062.50 FEDERAL FARM CREDIT BANK - 5 YEAR BOND 3133EP4N2 5.68% 5.68% 3/7/2029 $500,000.00 $500,000.00 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 3134H1XW8 5.80% 5.80% 3/28/2029 $500,000.00 $500,000.00 FEDERAL FARM CREDIT BANK- 5 YEAR BOND 3133ERAE1 5.62% 5.62% 4/9/2029 $500,000.00 $499,500.00 FEDERAL FARM CREDIT BANK- 5 YEAR BOND 3133ERBB6 5.42% 5.42% 4/16/2029 $300,000.00 $299,190.00 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 3134H1B85 5.75% 5.75% 4/16/2029 $500,000.00 $500,000.00 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 313H1S61 5.75% 5.75% 5/15/2029 $250,000.00 $250,000.00 FREDDIE MAC BOND - 5 YEAR BOND 3134H1Y23 5.09% 5.09% 6/12/2029 $250,000.00 $249,000.00 FARMER MAC BOND - 5 YEAR BOND 31424WKP6 5.70% 5.70% 6/25/2029 $500,000.00 $500,000.00 $13,566,214.27
BANK OF AMERICA - 5 YEAR BOND 06048WP20 1.25% 1.25% 9/24/2026 $250,000.00 $250,000.00 BANK OF AMERICA - 5 YEAR BOND 06055JEC9 5.50% 5.50% 4/19/2028 $500,000.00 $500,000.00 APPLE INC - 10 YEAR CORPORATE BOND 037833CR9 3.20% 3.30% 5/11/2027 $250,000.00 $248,850.00 SADDLEBACK VALLEY - 7.75 YEAR BOND (MUNICIPAL BOND) 786318LF0 2.40% 3.41% 8/1/2027 $250,000.00 $238,500.00 $1,237,350.00
U.S TREASURY BILL - 3 MONTH 912797KC0 5.27% 5.27% 8/22/2024 $3,050,000.00 $3,010,533.00 U.S TREASURY BILL - 3 MONTH 912797JS7 5.09% 5.25% 7/18/2024 $745,000.00 $735,396.95 U.S TREASURY BILL - 4 MONTH 912797LU9 5.11% 5.27% 10/22/2024 $1,010,000.00 $992,931.00 U.S TREASURY BILL - 4 MONTH 912797HE0 5.08% 5.27% 10/31/2024 $1,050,000.00 $1,030,260.00 U.S TREASURY BILL - 6 MONTH 912797LP0 5.01% 5.20% 12/12/2024 $565,000.00 $550,688.55 $6,319,809.50
APPLE BANK FOR SVGS NEW YORK - 2 YEAR CD 03784JTK0 3.20% 3.20% 7/22/2024 $246,000.00 $246,000.00 AUSTIN TELCO FED CR - 2 YEAR CD 052392BM8 3.40% 3.40% 8/12/2024 $249,000.00 $249,000.00 AMERICAS CHRISTIAN CR - 2 YEAR CD 03062CAD4 3.40% 3.40% 8/30/2024 $248,000.00 $248,000.00 FIRST TECH FCU - 18 MONTH CD 33715LEX4 5.25% 5.25% 10/15/2024 $248,000.00 $248,000.00 DART BANK - 2.5 YEAR CD 237412AR2 3.00% 3.00% 12/20/2024 $249,000.00 $249,000.00 DIRECT FEDERAL CREDIT UNION - 2.5 YEAR CD 5460FDD5 3.00% 3.00% 12/23/2024 $249,000.00 $249,000.00 TECHNOLOGY CREDIT UNION - 2 YEAR CD 87868YAG8 5.00% 5.00% 1/21/2025 $249,000.00 $249,000.00 VERIDIAN CREDIT UNION - 2 YEAR CD 92348DAB5 4.75% 4.75% 1/21/2025 $249,000.00 $249,000.00 EVOLVE FEDL CR UN - 1 YEAR 30053QAB1 5.30% 5.30% 3/12/2025 $249,000.00 $249,000.00 STIFEL COMMERCIAL & MUNICIPAL BONDS SUBTOTAL:

STIFEL TRESURY BILLS INVESTMENT SUBTOTAL:

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

INVESTMENT HELD WITH STIFEL:

SAFRA NATL BANK OF NY - 3 YEAR CD 78658RHM6 2.00% 2.00% 3/24/2025 $248,000.00 $248,000.00 LIVE OAK BANK- 5 YEAR CD 538036LD4 1.40% 1.40% 3/31/2025 $249,000.00 $249,000.00 MEDALLION BANK - 5 YEAR CD 58404DGR6 1.60% 1.60% 3/31/2025 $248,000.00 $248,000.00 CLEARPATH FEDERAL CU BURBANK- 2 YEAR CD 18507MAA9 5.15% 5.15% 4/28/2025 $248,000.00 $248,000.00 DISCOVER BK - 3 YEAR CD 254673B70 2.80% 2.80% 4/28/2025 $247,000.00 $247,000.00 UTAH COMMUNITY CU - 2 YEAR CD 917352AB2 4.80% 4.80% 4/28/2025 $248,000.00 $248,000.00 FLAGSTAR BANK - 5 YEAR CD 33847E3D7 1.15% 1.17% 4/29/2025 $248,000.00 $247,876.00 HSBC BANK - 5 YEAR CALLABLE CD 44329ME33 1.30% 1.30% 5/7/2025 $248,000.00 $248,000.00 INSTITUTION FOR SVGS - 3 YEAR CD 45780PBL8 3.10% 3.10% 5/20/2025 $249,000.00 $249,000.00 CARTER FEDERAL C.U 3 YEAR CD 14622LAC6 3.00% 3.00% 6/23/2025 $249,000.00 $249,000.00 CORP AMERICA FAMILY CU - 1 YEAR CD 219873AG1 5.25% 5.25% 6/30/2025 $248,000.00 $248,000.00 HUGHES FED CR - 2 YEAR CD 444425AA0 5.25% 5.25% 6/30/2025 $248,000.00 $248,000.00 MID AMERICAN CU - 2 YEAR CD 59522NAE4 5.25% 5.25% 6/30/2025 $248,000.00 $248,000.00 MERITRUST CR UN - 3 YEAR CD 59001PAS8 3.35% 3.35% 7/8/2025 $249,000.00 $249,000.00 CREDIT UNION OF TEXAS - 3 YEAR CD 22551KAB8 3.30% 3.30% 7/22/2025 $246,000.00 $246,000.00 TVA CMNTY CR UN - 3 YEAR CD 87305MAB6 3.25% 3.25% 8/4/2025 $249,000.00 $249,000.00 RESOURCE ONE CR UN - 3 YEAR CD 76124YAE6 3.30% 3.30% 8/18/2025 $249,000.00 $249,000.00 IDEAL CREDIT UNION - 3 YEAR CD 45157PAY6 4.00% 4.00% 8/29/2025 $249,000.00 $249,000.00 ALABAMA CREDIT UNION - 3 YEAR CD 01025RAB5 3.60% 3.60% 9/22/2025 $249,000.00 $249,000.00 UNIVERSITY CREDIT UNION - 3 YEAR CD 914242AA0 4.00% 4.00% 9/26/2025 $249,000.00 $249,000.00 BARCLAYS BANK - 4 YEAR CD 06740KNT0 1.00% 1.00% 12/15/2025 $248,000.00 $248,000.00 US ALLIANCE FED C.U - 4 YEAR CD 90352RCD5 1.35% 1.35% 1/28/2026 $249,000.00 $249,000.00 FARMERS & MERCHANTS BANK- 3.5 YEAR CD 3078115EL9 3.20% 3.20% 2/5/2026 $249,000.00 $249,000.00 CFG COMMUNITY BANK - 3.5 YEAR CD 12527CFL1 3.80% 3.80% 3/11/2026 $245,000.00 $245,000.00 ALASKA US FEDERAL CREDIT UNION - 3 YEAR CD 011852AH3 5.15% 5.15% 3/23/2026 $248,000.00 $248,000.00 CMNTY CAPITAL BANK- 4 YEAR CD 20033A2Z8 2.60% 2.60% 4/14/2026 $249,000.00 $249,000.00 BAXTER CR UN - 4 YEAR CD 07181JAD6 3.05% 3.05% 6/22/2026 $249,000.00 $249,000.00 CATHOLIC & COMMUNITY CR UNION - 3 YEAR CD 14919NAA8 5.30% 5.30% 6/22/2026 $248,000.00 $248,000.00 INSPIRE FEDERAL CREDIT UNION - 3 YEAR CD 457731AQ0 5.00% 5.00% 6/30/2026 $248,000.00 $248,000.00 NEW YORK COMMUNITY BANK - 5 YEAR CD 649447UZ0 0.70% 0.70% 7/1/2026 $249,000.00 $249,000.00 SALLIE MAE BK SALT LAKE CITY UT - 5 YEAR CD 795451AB9 1.00% 1.00% 7/21/2026 $248,000.00 $248,000.00 FIRST STATE BANK - 4 YEAR CD 33650TAH3 3.60% 3.60% 9/16/2026 $249,000.00 $249,000.00 QUORUM FED CR - 4 YEAR CD 74909LAB6 3.85% 3.85% 9/23/2026 $249,000.00 $249,000.00 PENTAGON FEDERAL CR UN - 5 YEAR CD CUSIP #70962LAS1 70962LAS1 0.90% 0.90% 9/29/2026 $249,000.00 $249,000.00 ONPATH FEDERAL CREDIT UN - 4 YEAR CD 68283MAF3 3.25% 3.25% 9/30/2026 $249,000.00 $249,000.00 HAWAII CENTRAL FCU - 3 YEAR CD 419700AG4 5.50% 5.50% 10/27/2026 $248,000.00 $248,000.00 BANK UNITED NA - 5 YEAR CD 066519RW1 1.35% 1.35% 12/8/2026 $248,000.00 $248,000.00 BANK HAPOALIM BM - 5 YEAR CD 06251A3K4 1.35% 1.35% 12/16/2026 $248,000.00 $248,000.00 CONNEXUS CREDIT UNION - 5 YEAR CD 20825WAR1 1.25% 1.25% 12/23/2026 $249,000.00 $249,000.00

AMERANT BANK - 5 YEAR CD 02357QAQ0 1.60% 1.60% 2/16/2027 $248,000.00 $248,000.00 PIMA CREDIT UNION- 4.5 YEAR CD 722000AA4 5.15% 5.15% 2/17/2027 $248,000.00 $248,000.00 METRO CREDIT UNION - 5 YEAR CD 59161YAP1 1.70% 1.70% 2/18/2027 $249,000.00 $249,000.00 BEAL BANK PLANO TEXAS - 5 YEAR CD 07371AZQ9 2.05% 2.05% 3/3/2027 $248,000.00 $248,000.00 BEAL BANK USA LAS VEGAS - 5 YEAR CD 07371CK81 2.05% 2.05% 3/3/2027 $248,000.00 $248,000.00 SPOKANE TEACHERS CR 849061AF3 4.75% 4.75% 3/25/2027 $249,000.00 $249,000.00 MORGAN STANLEY- 5 YEAR CD 61773TDN0 3.00% 3.00% 4/29/2027 $246,000.00 $246,000.00 GENERATION BANK ROGERS AR CD - 5 YEAR CD 37149CAV9 3.10% 3.10% 5/6/2027 $249,000.00 $249,000.00 DEPARTMENT OF COMMERCE - 5 YEAR CD 24951TAT2 3.25% 3.25% 5/13/2027 $249,000.00 $249,000.00 WELLS FARGO SIOUX FALLS - 3 YEAR CD 949764PA6 4.85% 4.85% 5/28/2027 $249,000.00 $249,000.00 CREDIT UNION NEW JERSEY - 3 YEAR CD 22552BAA9 5.40% 5.40% 7/9/2027 $248,000.00 $248,000.00 TRUSTONE FINL CR UN - 5 YEAR CD 89841MAF4 3.40% 3.40% 7/19/2027 $249,000.00 $249,000.00 BMO HARRIS BANK - 5 YEAR CD 05600XHE3 3.55% 3.55% 7/27/2027 $247,000.00 $247,000.00 THIRD FEDL S&L ASSN - 5 YEAR CD 88413QDM7 3.40% 3.40% 7/27/2027 $245,000.00 $245,000.00 CMNTY COMMERCE BANK CLAREMONT- 5 YEAR CD 20367GBH1 3.30% 3.30% 8/10/2027 $249,000.00 $249,000.00 ST VINCENT MED CTR CR - 5 YEAR CD 85279AAA0 3.50% 3.50% 8/12/2027 $249,000.00 $249,000.00 PITTSBURG CITY HALL FCU - 5 YEAR CD 72500MAA3 3.60% 3.60% 8/16/2027 $249,000.00 $249,000.00 SHARONVIEW FCU - 5 YEAR CD 819866BL7 3.50% 3.50% 8/16/2027 $249,000.00 $249,000.00 GHS FEDERAL CREDIT UNION - 5 YEAR CD 36266LAA4 3.80% 3.80% 9/15/2027 $249,000.00 $249,000.00 ROGUE CREDIT UNION - 5 YEAR CD 77535MAG8 5.20% 5.20% 12/23/2027 $249,000.00 $249,000.00 NEW ORLEANS FIREMANS FCU - 5 YEAR CD 647608AH1 5.00% 5.00% 7/17/2028 $248,000.00 $248,000.00 FIRST FOUNDATION BANK - 4 YEAR D 32026U5R3 4.70% 4.70% 5/10/2028 $244,000.00 $244,000.00 FIRST FED SVGS - 3 YEAR CD 32023HBT4 5.25% 5.25% 6/28/2027 $248,000.00 $248,000.00 NUMERICA CREDIT UNION - 5 YEAR CD 67054NBK8 5.10% 5.10% 7/31/2028 $248,000.00 $248,000.00 GREEN STATE CREDIT UNION- 5 YEAR CD 39573LEL8 5.00% 5.00% 8/29/2028 $248,000.00 $248,000.00 ALLIANT CREDIT UNION- 5 YEAR CD 01882MAH5 5.35% 5.35% 11/15/2028 $248,000.00 $248,000.00 $18,370,876.00
$49,300,988.81
$82,346,863.86
Amount % of Portfolio Amount % of Portfolio
$4,411,859.69 5% 45,905,730.92 $ 57%
$9,354,630.77 11% 17,680,884.73 $ 21%
$19,279,384.59 23% 18,760,248.21 $ 22%
$15,523,545.63 18% $ 100% 82,346,863.86
$5,811,343.10 8%
$7,127,224.08 9% 1.42
$20,838,876.00 25% 4.02%
$82,346,863.86 100%
Michael O'Brien Administrative Services Director/City Treasurer Prepared by: Jennifer Legaspi

LOCAL AGENCY INVESTMENT FUND (LAIF)

TOTAL OF ALL INVESTMENTS
Weighted Average Maturity in Years
Weighted Average Yield
The above investments have met the requirements as stated in the City's Annual Investment Policy.

CALTRUST

GSE AGENCY BONDS

COMMERCIAL BONDS
U.S TREASURY BILLS

NEGOTIABLE CERTIFICATES OF DEPOSIT
Maturity Range
1 Day to 1 Yr.
1 Yr. to 3 Yrs.
3 Yrs. to 5 Yrs.

Total

INVESTMENTS BY TYPE INVESTMENTS BY MATURITY

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

TOTAL OF ALL INVESTMENTS
STIFEL CD'S INVESTMENT SUBTOTAL:

ATTACHMENT 2

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of July 23, 2024
From: Chris Constantin, City Manager
Prepared by: Luis Torrico, Director of Community Development Subject: Approve a Professional Services Agreement with Interwest Consulting Group in an Amount not to Exceed $150,000 for On-Call Planning Services; and Approve the Appropriation of Funds for the Agreement
____________________________________________________________________________

SUMMARY
The proposed contract with Interwest Consulting Group will provide on-call planning support services for the Planning Division on an as needed basis until planning staff vacancies are filled in the Community Development Department. The proposed contract, in an amount not to exceed $150,000 will provide one Senior Planner and one Associate Planner to augment the Planning Division to continue to provide the adequate level of service for residents and the general public, and to process development applications in accordance with their required review timelines.

RECOMMENDATION
Staff recommends the City Council:

1. Approve the Professional Services Agreement with Interwest Consulting Group in an amount not to exceed $150,000 for on-call planning services.

2. Approve the appropriation of funds for the agreement.

3. Authorize the City Manager, or his designee to execute any and all documents with Interwest Consulting Group for on-call planning services in a form approved by the City Attorney.

FISCAL IMPACT
The contract agreement (Attachment 1) with Interwest Consulting Group (Consultant) in an amount not to exceed $150,000 will require a budget amendment increasing expenditure account number 001.4308.020.000 from $5,000 to $155,000.

Award Contract for On-Call Planning Services Page 2
For the Meeting of July 23, 2024
The City of San Dimas intends to utilize the services of the Consultant until planning staff vacancies in the Community Development Department are filled. The majority of the expenses related to this contract should be offset by salary savings from full time staff vacancies. Once the vacancies are filled staff will calculate a budget amendment to decrease the budgeted salary expenditures and any unspent funds in the professional services account. The overall impact to the unassigned fund balance should be minimal if any.

BACKGROUND
The Planning Division when fully staffed consists of a Planning Manager, three (3) planners and one (1) Planning Intern. The three (3) planners can vary in title, but most recently when fully staffed it consisted of two (2) Senior Planners and one (1) Associate Planner. Due to a recent promotion of one of the Senior Planners to Planning Manager, one Senior Planner being out until September, and a vacancy at the Associate Planner position, the only staff in the Planning Division consists of the Planning Manager and the Planning Intern.

In order to continue to provide the adequate level of service for residents and the general public, and to process development applications in accordance with their required review timelines, the City is proposing to contract with the Consultant to provide on-call planning support services. The proposed contract will provide one Senior Planner and one Associate Planner to augment the Planning Division until the division is fully staffed.

DISCUSSION/ANALYSIS
The proposed contract for an amount not to exceed $150,000 will provide additional planning support services for the Planning Division. The contract will be valid until December 31, 2024; however, the Planning Division is expected to be fully staffed before the contract termination date.

The Community Development Department is currently recruiting to replace the vacancies in the Planning Division; therefore, the services provided under this contract will provide the required planning services until then. The two planners will assist in managing current and on-going planning projects, long-range planning projects, provide counter coverage and any other tasks as needed in the division.

Community Development Staff has previous experience with the Consultant as they are also the consultant for the Downtown Specific Plan. As the experience has been positive, Staff requested a proposal from the Consultant for on-call planning services. The contract for on-call planning services is designated as special services in the California Government Code; therefore, these services are not required to be publicly bid. Below is the code section that applies.

California Government Code Section 53060.

The legislative body of any public or municipal corporation or district may contract with and employ any persons for the furnishing to the corporation or district special services and advice in financial, economic, accounting, engineering, legal, or administrative matters if such persons are specially trained and experienced and competent to perform the special services required.

The authority herein given to contract shall include the right of the legislative body of the corporation or district to contract for the issuance and preparation of payroll checks. The legislative body of the corporation or district may pay from any available funds such

Award Contract for On-Call Planning Services Page 3
For the Meeting of July 23, 2024
compensation to such persons as it deems proper for the services rendered. (Amended by Stats. 1968, Ch. 1384.)
Additionally, the City’s purchasing policy also provides an exemption from public bidding procedures for Professional Services. Below is the excerpt from the San Dimas Municipal Code Chapter 3.28.120 paragraph F.

San Dimas Municipal Code 3.28.120 Exceptions to competitive bidding requirements.

Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and requirements of this chapter may be dispensed with in any of the following instances:

F. Professional Services. Agreements for professional may be executed without observing the bidding procedures provided in this chapter if the city manager determines that an informal or formal competitive process is unnecessary because a professional services provider is the best provider for a particular agreement based on some or all of these factors: demonstrated competence; qualifications for the types of services to be performed; experience; knowledge of the city due to a long-standing relationship; reasonableness of cost to perform work; or other similar relevant criteria. (Ord. 1270 § 2, 2019)
The proposed contract would allow the Planning Division to continue to provide services to the residents, general public, and ensure that project applications are being processed in accordance with their required review timelines.

ALTERNATIVES
No alternatives proposed for this request.

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,
Luis Torrico
Director of Community Development
Attachments:

1. Professional Services Agreement for Interwest Consulting Group

01171.0001/996407.4 Rev. 06/22 Page 1 of 20
Professional Service Agreement

PROFESSIONAL SERVICE AGREEMENT
This professional service agreement (“Agreement”), is made and is effective as of July 24, 2024, between the City of San Dimas ("Agency"), a municipal corporation, and Interwest Consulting Group (“Consultant”), a corporation. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This Agreement shall commence on July 24, 2024 and shall remain and continue in effect until no later than December 31, 2024 unless sooner terminated pursuant to the provisions of this Agreement.

II. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from Consultant, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.

III. PERFORMANCE
Consultant shall at all times faithfully, competently, and to the best of their ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

IV. AGENCY REPRESENTATIVE
Agency’s Director of Community Development shall represent Agency in all matters pertaining to the administration of this Agreement, review and approve all products submitted by Consultant, but not including the authority to enlarge the Scope of Services or change the compensation due to Consultant. Agency’s Director of Community Development shall be authorized to act on Agency's behalf and to execute all necessary documents which enlarge the Scope of Work or change Consultant's compensation, subject to Section V hereof.

V. PAYMENT
A. The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks listed in Exhibit A. This amount shall not ATTACHMENT 1

01171.0001/996407.4 Rev. 06/22 Page 2 of 20
Professional Service Agreement
exceed $150,000.00 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency’s Director of Community Development. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency’s Director of Community Development and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.

C. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the Agency disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore.

VI. TERMINATION OF AGREEMENT
A. Except as otherwise provided herein below, either party may terminate this Agreement, or any portion hereof, by serving written notice of termination upon the other party at least ten (10) days prior to the date of termination. Upon receipt of said notice, the Consultant 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 Consultant 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 Consultant will submit an invoice to the Agency as provided herein above.

VII. DEFAULT
A. Either party's failure to comply with the provisions of this Agreement shall constitute a default. In the event that either party is in default for cause under the terms of this Agreement, the affected party shall promptly notify the deficient party of such default and following such notice shall have no obligation or duty to continue compensating or providing any work after the date of default and can terminate this Agreement immediately by written notice to the other party. If such failure hereunder arises out of causes beyond either party’s control, and without fault or negligence, it shall not be considered a default.

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B. If the Agency’s Director of Community Development determines the Consultant is in default in the performance of any of the terms or conditions of this Agreement, Agency shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service of default notice to cure the default as directed by the Agency in the notice of default. In the event the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

VIII. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the Agency at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement.

Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, at the Consultant's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to Agency all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement. For the avoidance of doubt, nothing in this Agreement shall be understood to grant Agency rights to pre-existing intellectual property of Consultant, including Consultant software and licensed software, or to any improvements thereto. Consultant shall have no liability arising from the use of any documents for any purpose or on any project other than that for which it was produced.

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IX. INDEMNIFICATION AND DEFENSE
A. Indemnification
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all third party losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent caused by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence or willful misconduct.

B. Duty to defend
In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by Agency, Consultant shall defend the Indemnified Parties at Consultant’s cost or at Agency’s option, with legal counsel selected from Consultant's insurance carrier's panel counsel, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence or willful misconduct of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant 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. Notwithstanding any provision of law to the contrary, Consultant shall have the right to defend and settle any action for which indemnification is sought, provided that it shall not enter into any settlement that requires an admission of wrongdoing by any indemnitee without that indemnitee’s approval. Consultant’s obligations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the indemnitee in connection with the defense of the claim.

C. In addition to the requirements set forth in the paragraphs of this Section IX above, in the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent

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jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the Agency, then Consultant shall indemnify, defend, and hold harmless the Agency for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions to CalPERS, and any other damages and costs assessed to the Agency as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the Agency.

Consultant shall also indemnify, defend, and hold harmless the Agency against all employment related-claims, including wage claims, and from all applicable federal, state and local tax and insurance obligations (including but not limited to income tax withholding, unemployment taxes, FUTA, SDI, state unemployment insurance, Workers’ Compensation, disability, or other insurance), asserted against or imposed upon the Agency as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide services under this Agreement are other than independent contractors of the Agency.

X. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached herewith and incorporated herein by this reference as though set forth in full.

XI. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency.

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency in any manner.

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

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C. Consultant represents and warrants that the personnel used to provide services to the Agency pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.

XII. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

XIII. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the Agency in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the Agency to any and all remedies at law or in equity.

XIV. NO BENEFIT TO ARISE TO AGENCY EMPLOYEES
During their tenure and for one year thereafter, no member, officer, or employee of Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the services under this Agreement shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the services performed under this Agreement.

XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency’s Director of Community Development or unless requested by the Agency, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency.

Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena.

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B. Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency, unless the Agency is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the Agency of such Discovery. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless Agency is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to Discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

XVI. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service; (ii) delivery by a reputable document delivery service (e.g., Federal Express), which provides a receipt showing date and time of delivery; or (iii) United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To AGENCY: City of San Dimas
245 E Bonita Avenue
San Dimas, CA 91773
Attention: Luis Torrico, Director of Community
Development
To CONSULTANT: Interwest Consulting Group
9320 Chesapeake Dr, Suite 208
San Diego, CA 92123
Attention: Paul Meschino, President
XVII. ASSIGNMENT
A. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Due to the personal nature of the services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.

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B. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide Agency with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include an indemnity provision identical to the one provided herein identifying Agency as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from Agency for such insurance.

C. The Consultant may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Consultant from Consultant's employ. Should Consultant leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

XVIII. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

XIX. GOVERNING LAW
The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency.

XX. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

XXI. SEVERABILITY

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Any part, provision, or representation of this Agreement or any of its exhibits, which is held to be invalid, void or unenforceable by a court of competent jurisdiction, shall be limited to that part, provision or representation and all other parts, provisions, or representations herein shall remain in full force and effect.

XXII. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Agency's Request for Proposal, , and the contents of the proposal submitted by the Consultant. In the event of conflict, the requirements of Agency's Request for Proposal and this Agreement shall take precedence over those contained in the Consultant's proposal. The incorporation of the Consultant’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or Agency, unless expressly agreed to in writing.

XXIII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that they have the authority to execute this Agreement on behalf of the Consultant and have the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

By:
(Signature)
(Typed Name)
(Title)
City of San Dimas
A Municipal Corporation
Agency Representative or Governing Body

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ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
By:

Attachments: Exhibit A Scope of Services
Exhibit B Certificate of Insurance
Exhibit C Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES
I. Consultant will perform the following services:

A. Consultant shall provide qualified temporary workers (“Consultant’s Personnel”) to the Agency to perform discreet planning support tasks for the Agency on an as-needed basis at the bill rates set forth below and in Consultant’s Proposal:

Senior Planner $165/hour
Associate Planner $135/hour
B. Consultant’s Personnel shall perform the following planning support tasks for the Agency upon request of the Director of Community Development:
assistance in managing complex long-range planning projects; CEQA/NEPA projects; current and on-gong planning; and assist with implementing the recently adopted housing element, assist with inquiries from the public, developers and other interested parties, process land use entitlement applications, coordinate review of entitlement applications, review applications and proposed documents for compliance with CEQA, assist with conducting urban planning studies, process general plan amendments and zoning code amendments, attend various types of meetings with various agencies and individuals both internal and external, complete plan and tract map reviews, conduct inspections of planning projects and monitor progress in accordance with approved conditions, update planning regulations to meet State law requirements and other planning-related duties as assigned by the Planning Director collectively, the “Services”).

C. In connection with performance of the Services, Consultant shall comply with the following requirements, without any additional charge to the Agency:

1. Providing Personnel. Upon request, Consultant shall provide to the Director of Community Development a list of personnel available for assignment to the Agency within three (3) business days of the request. Consultant shall not provide to the Agency a California Public Employees’ Retirement System (“CalPERS”) retired annuitant or CalPERS member in connection with performance of the Services of this Agreement.

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2. Selection of Candidates. The Director of Community Development shall have sole authority to select Consultant’s Personnel provided by Consultant for assignment to the Agency. Upon request by the Director of Community Development and for any reason, Consultant shall terminate the assignment of its personnel assigned to the Agency. The Director of Community Development may, in his sole discretion and at any time, request a replacement of Consultant’s Personnel.

3. Maximum Duration/Hours. Consultant’s Personnel shall not individually work more than six (6) months or more per fiscal year if full time, or 1,000 hours or more per fiscal year if part time, in connection with performance of the Services during the term of this Agreement

4. Compliance with Agency Anti-Harassment Policies. Consultant’s Personnel shall comply with the Agency’s anti-harassment policies.

5. Compensation of Consultant’s Personnel. Consultant shall be responsible for the direct compensation of its employees assigned to the Agency, including payment of wages, applicable federal, state and local taxes, and the payment of any required insurance (FUTA, SDI, Unemployment Insurance). The Agency shall have no
obligation to provide any compensation of any kind to or pay any taxes for Consultant’s Personnel.

6. Insurance Coverage for Consultant’s Personnel. Consultant shall be solely responsible for any insurance premium payments for Worker’s Compensation, disability, or other insurance required for Consultant’s Personnel, whether imposed upon Consultant or the Agency. The Agency shall have no obligation to provide any insurance coverage of any kind for Consultant’s Personnel.

7. Additional Consultant Responsibilities. Consultant shall be solely responsible for compliance with all federal and state labor and employment laws with respect to Consultant’s personnel, including but not limited to providing meal and rest breaks, sick leave, tracking hours worked, and payment of overtime.

8. Initial Orientation. Consultant shall coordinate and conduct an initial orientation between the Agency and Consultant’s Personnel assigned to the Agency and assist, when necessary, with training and/or instruction.

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D. In order to ensure qualified personnel are provided to the Agency, Consultant shall comply with the following requirements, without any additional charge to the Agency:

1. Reference and Job History Checks. Consultant’s Personnel assigned to the Agency shall have successfully completed Consultant’s employment reference and job history checks. Upon request by the Director of Community Development, Consultant shall provide a written summary of the results to the Agency.

2. Background Checks. Consultant’s Personnel assigned to the Agency shall have successfully completed Consultant’s background check.

3. I-9 Verification. Consultant must have completed the I-9 verification process for each of its personnel assigned to the Agency.

4. Agency Interviews. Upon request by the Director of Community Development, Consultant shall arrange and coordinate interviews between the Director of Community Development and Consultant’s Personnel who may be assigned to the Agency.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the Agency:

A. Upon request by the Director of Community Development, Consultant shall provide a list of personnel available for assignment to the Agency within three (3) business days of the request.

B. Upon request by the Director of Community Development, Consultant shall provide a written summary of the results of reference and job history checks concurrently with providing the list of Consultant’s Personnel available for assignment.

C. Upon request by the Director of Community Development and at no charge to the Agency, Consultant shall provide evidence that Consultant’s Personnel performing services for the Agency under this Agreement are classified by Consultant as an employee(s), that Consultant issues or will issue a W-2 to such personnel, and that Consultant has made payment for all applicable tax and insurance obligations required by federal and state law.

III. Every two (2) weeks, Consultant shall provide to the Agency a year-to-date total hours worked report.

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IV. All work product is subject to review and acceptance by the Agency, and must be revised by the Consultant without additional charge to the Agency until found satisfactory and accepted by Agency.

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EXHIBIT B
A PDF COPY OF THE CERTIFICATE OF INSURANCE WILL BE INSERTED HERE.

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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of Agency, and prior to commencement of work and/or services under this Agreement, Consultant 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 Agency.

General liability insurance. Consultant 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. Consultant 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 Consultant 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.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

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

Consultant 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.

Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

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• 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 Consultant 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.

Other provisions or requirements
Proof of insurance. Consultant 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. Consultant 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 Consultant, their agents, representatives, employees, or subconsultants.

Primary/noncontributing. Except with respect to Workers’ Compensation coverage, Coverage provided by Consultant 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 noncontributory basis for the benefit of Agency before the Agency’s own insurance or selfinsurance 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 Consultant or Agency will withhold amounts sufficient to pay premium from Consultant 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

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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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant 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). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant 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 Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Notice of cancellation. Consultant 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 Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the Agency immediately in the event of Consultant’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.

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Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’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. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant 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 Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant may still be able to utilize the Subcontractor provided Consultant 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 Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant 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 Consultant 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 Consultant under this Agreement given the limited scope of work or services provided by the subcontractor.

Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.

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

01171.0001/996407.4 Rev. 06/22 Page 10 of 20
Professional Service Agreement
Additional insurance. Consultant 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.

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of July 23, 2024
From: Chris Constantin, City Manager
Prepared by: Debra Black, City Clerk
Subject: Adopt Ordinance 1306, Amending Chapter 14.11 (Stormwater Management and Discharge) & Chapter 14.13 (Low Impact Development) of the San Dimas Municipal Code to Implement Updates to the Los Angeles Regional Water Quality Control Board’s Municipal Separate Storm Sewer System (MS4) Permit.
____________________________________________________________________________

SUMMARY
At the regular City Council meeting on June 25, 2024, the City Council voted 5-0 to introduce Ordinance 1306 and on July 9, 2024, voted 4-0 to adopt. This item is being presented to meet the legal requirement for a summary publication in the newspaper.

RECOMMENDATION
City Staff recommends that the City Council:
• Adopt Ordinance 1306, Amending Chapter 14.11 (Stormwater Management and Discharge) & Chapter 14.13 (Low Impact Development) of the San Dimas Municipal Code to Implement Updates to the Los Angeles Regional Water Quality Control Board’s Municipal Separate Storm Sewer System (MS4) Permit.
• Direct the City Clerk to publish the summary ordinance as prepared by the City Attorney.

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

BACKGROUND
The publishing deadlines for summary publications of Ordinance 1306 were missed. This document spans 30 pages and would be costly to publish in full. The City Clerk’s office confirmed with the Public Works Department that there were no deadlines associated with the approval of

Adopt Ordinance 1306, Amending Chapter 14.11 (Stormwater Management and Discharge) & Chapter 14.13 (Low Impact Development) of the San Dimas Municipal Code to Implement Updates to the Los Angeles Regional Water Quality Control Board’s Municipal Separate Storm Sewer System (MS4) Permit. Page 2
For the Meeting of July 23, 2024
this ordinance. The pre-adoption summary was published on Tuesday, July 16, 2024. We are presenting it again to facilitate the necessary post-adoption summary publication.

In 2018 the City Council approved Resolution 2018-54, authorizing the City Clerk’s office to publish summary ordinances prepared by the City Attorney’s office. Under Government Code 36933(a), the City Clerk is required to publish the full text of any adopted ordinance or ordinance amendment at least once in newspaper of general circulation. The Government Code does allow a summary to be published if it is published twice, five days prior to the adoption of the ordinance and then again within 15 days of when the ordinance is adopted.

DISCUSSION/ANALYSIS
Legally required publication of Public Hearing Notices, Notice Inviting Bids and Ordinances are costly for agencies. From January 2024 to July 10, 2024, our publication costs total $36,961.00, this includes publication of summary ordinances, this cost would increase with full publications.

ALTERNATIVES
Without this approval the full 30 pages of the ordinance would be published with the cost unknown at this time.

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. Ordinance 1306

ATTACHMENT 1
ORDINANCE 1306

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

STORMWATER MANAGEMENT AND DISCHARGE AND LOW IMPACT

DEVELOPMENT (LID) REQUIREMENTS FOR NEW DEVELOPMENT AND

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

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

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

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

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

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

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

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

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

Ordinance 1306 Page 2
Municipal Code Text Amendment Section 14.11 and 14.13
July 23, 2024

14.11.010 Definitions.

14.11.020 Responsibility for Administration.

14.11.030 General Provisions.

14.11.040 Prohibited Discharges and Activities.

14.11.050 Prohibited Connections to the MS4.

14.11.060 Requirements for Existing Properties.

14.11.070 Requirements for Industrial and Commercial Facilities.

14.11.080 Low Impact Development Standards for New Development and Redevelopment.

14.11.090 Requirements for Construction Projects.

14.11.100 Municipal Facility Activities.

14.11.110 Public Information and Participation Program.

14.11.120 Inspections and Fees.

14.11.130 Enforcement and Penalties.

14.11.140 Disclaimer of Liability.

14.11.150 Taking.

14.11.010 Definitions.

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

Ordinance 1306 Page 3
Municipal Code Text Amendment Section 14.11 and 14.13
July 23, 2024
“Authorized Non-Stormwater Discharge” means discharges that are not composed entirely of stormwater and that are either: (1) separately regulated by an Industrial or General NPDES permit and allowed to be discharges into the MS4 when in compliance with all NPDES permit conditions; (2) separately regulated by a conditional waiver of water discharge requirements (WDRs) or WDRs for agricultural lands; (3) authorized by U.S. EPA pursuant to sections 104(a) or 104(b) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that either (i) will comply with water quality standards as applicable or relevant and appropriate requirements (ARARs) under section 121(d)(2) of CERCLA; or (ii) are subject to (a) a written waiver of ARARs by U.S. EPA pursuant to section 121(d)(4) of CERCLA or (b) a written determination by U.S EPA that compliance with ARARs is not practicable considering the exigencies of the situation, pursuant to 40 CFR section 300.415(j); or (4) necessary for emergency response purposes, including discharges from emergency firefighting activities. “Automotive Service Facility” means a facility that is categorized by any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, facilities with SIC codes 5013, 5014, 5511, and 5541, will not be subject to inspection provided that these facilities have no outside activities or materials that may be exposed to stormwater.

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

Ordinance 1306 Page 4
Municipal Code Text Amendment Section 14.11 and 14.13
July 23, 2024
“Construction Activity” means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See “Routine Maintenance” definition for further explanation. Where clearing, grading, or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan.
“Construction General Permit” means General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities. General NPDES permit issued by the State Water Board, which authorizes the discharge of stormwater from construction activities under certain conditions.
“Control” means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. “Dechlorinated/Debrominated Swimming Pool Discharge” means swimming pool discharges with do not contain measurable quantities of chlorine or bromine and do not contain any detergents, wastes, or additional chemicals not typically found in swimming pool water. The term does not include swimming pool filter backwash.
"Discharge" means without qualification the release or a pollutant or pollutants to the MS4. "Disturbed area" means an area altered as a result of clearing, grading and/or excavation of earth. “Drinking Water Distribution System Discharges” means sources of flows from drinking water storage, supply, and distribution systems including flows from system failures, pressure releases, system maintenance, distribution line testing, fire hydrant flow testing; and flushing and dewatering of pipes, reservoirs, vaults, and minor non-invasive well maintenance activities not involving chemical addition(s). It does not include wastewater discharges from activities that occur at wellheads, such as well construction, well development (i.e., aquifer pumping tests, well purging, etc.), or major well maintenance.
“Emergency Situation” means any incident, whether natural, technological, or human-caused, that requires responsive action to protect life of property. "Gray water" means water that is discharged from sinks, showers, tubs, washing machines, dishwashers, and garbage disposals.
"Hazardous waste" means any material defined as hazardous by Chapter 6.95 of the California Health and Safety Code and any substance designated pursuant to 40 CFR 302. This includes unlisted hazardous substances that are solid wastes, as defined in 40 CFR 261.2, that are not excluded from regulation as hazardous wastes under 40 CFR 261.4(b) if they exhibit any of the characteristics identified in 40 CFR 261.20 through 261.24.

Ordinance 1306 Page 5
Municipal Code Text Amendment Section 14.11 and 14.13
July 23, 2024
"Illicit connection" means any man-made conveyance that is connected to the storm drain system without a permit, excluding roof drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.
"Illicit discharge" means any discharge into the MS4 that is prohibited under local, state, or federal statues, ordinances, codes, or regulations. The term illicit discharge includes any non-stormwater discharge, except those authorized non-stormwater discharges; conditionally exempt nonstormwater discharges; and non-stormwater discharges resulting from natural flows specifically identified in this Chapter.
“Industrial General Permit” means a General Permit for Storm Water Discharges Associated with Industrial Activities. General NPDES permit issued by the State Water Board, which authorizes the discharge of stormwater from certain industrial activities under certain conditions. “Industrial/Commercial Facility” means any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facilities includes, but is not limited to, any facility defined by either the Standard Industrial Classifications (SIC) or the North American Industry Classification System (NAICS). “LID” means Low Impact Development. LID consists of building and landscape features designed to retain or filter stormwater runoff.
“Municipal Separate Storm Sewer System (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutter, ditches, man-made channels, or storm drains) (40 CFR § 122.26(b)(8)) that is the following:

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

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

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

Ordinance 1306 Page 6
Municipal Code Text Amendment Section 14.11 and 14.13
July 23, 2024
“Planning Priority Projects” means development projects subject to Permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s).
“Regional Board” means the California Regional Water Quality Control Board, Los Angeles Region.
“Sidewalk Rinsing” means low-volume pressure washing of paved pedestrian walkways with average water usage of 0.006 gallons per square foot, with no cleaning agents, and proper disposal of all debris collected.
"Storm Drain System" means those facilities that convey stormwater runoff and suspended solids to the waters of the United States, including streets, alleys, roads, ditches, curbs, gutters, catch basins, conduits, streams, channels, creeks, and rivers. "Stormwater'' means water that originates from atmospheric moisture (rainfall, hail, snow, or snowmelt) and that falls onto land, water, or other surfaces. "Stormwater Pollution Prevention Plan" ("SWPPP") means a plan, as required by a state general permit for discharges of stormwater (e.g., Construction General Permit or Industrial General Permit), identifying potential pollutant sources and describing the design, placement, and implementation of BMPs, to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges from activities covered by the general permit. "Stormwater Runoff “means the part of precipitation (rainfall or snowmelt) that travels across a surface to the storm drain system or receiving waters.
"Urban Runoff” means surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial, or industrial activities involving the use of potable and non-potable water.

14.11.020 Responsibility for Administration.

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

14.11.030 General Provisions.

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

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

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

Ordinance 1306 Page 7
Municipal Code Text Amendment Section 14.11 and 14.13
July 23, 2024

14.11.040 Prohibited Discharges and Activities.

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

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

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

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

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

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

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

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

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

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

6. Conditionally exempt non-stormwater discharges as follows:
a. Conditionally Exempt Essential Non-Stormwater Discharges to include the following:
i. Discharges from essential non-emergency firefighting activities. ii. Discharges from drinking water systems that are not otherwise regulated by an NPDES permit.

Ordinance 1306 Page 8
Municipal Code Text Amendment Section 14.11 and 14.13
July 23, 2024
b. Conditionally Exempt Non-Essential Non-Stormwater Discharges to include the following:
i. Dewatering of lakes.
ii. Landscape irrigation.
iii. Dechlorinated/debrominated swimming pool/spa discharges not otherwise regulated by a separate NPDES permit.
iv. Dewatering of decorative fountains.
v. Non-commercial car washing by residents or by non-profit organizations.
vi. Street/sidewalk wash water.
vii. Short-term releases of potable water with no additives or dyes for filming purposes.
viii. Potable wash water used to clean reservoir covers. c. Non-Stormwater Discharges to an ASBS are allowed as follows:
i. One of the conditionally exempt non-stormwater discharge categories in part 6.a. above.
ii. Essential for emergency response purposes, structural stability, and slope stability, which may include but are not limited to the following discharges:
a. Discharges associated with emergency firefighting
operations (i.e., discharges resulting from water use
necessary for the protection of life or property from fire). b. Foundation and footing drains;
c. Water from crawl space or basement pumps; and
d. Hillside dewatering.
iii. Naturally occurring discharges as follows:
a. Naturally occurring groundwater seepage via the MS4; b. Non-anthropogenic flows from a naturally occurring stream via a culvert or MS4, if there are no contributions of anthropogenic runoff.

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

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

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

1. No person shall cause any refuse, rubbish, food waste, garbage, or any other discarded or abandoned objects to be littered, thrown, deposited, left, accumulated, maintained or kept in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, drainage structure, place of business, or upon any public or private

Ordinance 1306 Page 9
Municipal Code Text Amendment Section 14.11 and 14.13
July 23, 2024
property so that the same may or does become a pollutant which may or does enter the storm drain system or receiving waters, except when such materials are placed in containers, bags, recycling bins, or other lawfully established waste disposal facilities protected from stormwater or runoff.

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

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

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

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

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

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

14.11.050 Prohibited Connections to the MS4.

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

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

14.11.060 Requirements for Existing Properties.

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

Ordinance 1306 Page 10
Municipal Code Text Amendment Section 14.11 and 14.13
July 23, 2024
A. Any person engaged in activities which will or may result in pollutants entering the City storm drain system shall undertake all control measures and BMPs as the City Engineer may require to reduce such pollutants. Premises with a high potential threat of discharge may be required to implement a monitoring program meeting standards established by the City. Where best management practices guidelines or requirements have been adopted by any Federal, State, regional, and/or city agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharges of non-stormwater to the storm drain system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the City Engineer.

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

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

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

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

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

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

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

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

Ordinance 1306 Page 11
Municipal Code Text Amendment Section 14.11 and 14.13
July 23, 2024
code. Runoff from authorized washing of paved areas shall be minimized to the extent practicable.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. A copy of a NPDES permit or notice of intent to comply with a general permit to discharge stormwater associated with industrial or construction activity as

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submitted to the State Board or report of waste discharge as submitted to a Regional Board of jurisdiction;

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

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

4. Stormwater quality data;

5. Evidence of facility self-inspection; or

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

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

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

2. Exercising general good housekeeping practices;

3. Incorporating regular scheduled preventative maintenance into operations;

4. Maintaining spill prevention and control procedures;

5. Implementing soil erosion control;

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

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

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

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

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

0.006 gallons per square feet of sidewalk area.

14.11.080 Low Impact Development Standards for New Development and Redevelopment.

14.11.050 Low Impact Development Standards for New Development and Redevelopment.

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

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

14.11.090 Requirements for Construction Projects.

A. No person shall commence any construction activity for which a permit is required by this Chapter or any law or regulation without implementing stormwater and runoff pollution

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mitigation measures required by such permit(s), law, regulation or this Chapter. In addition, prior to obtaining a grading or building permit, each operator of any construction activity shall submit evident to the City Engineer that all applicable permits have been obtained, including but not limited to the General Construction Activities Storm Water Permit and State Water Board 401 Water Quality Certification.

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

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

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

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

14.13 has been submitted.

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

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

1. Site Management – housekeeping.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

14.11.100 Municipal Facility Activities.

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

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

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

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

4. Stormwater quality data;

5. Evidence of facility self-inspection; or

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

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

1. Sewage systems operations;

2. Public construction activities management;

3. Vehicle maintenance/material storage facilities management;

4. Landscape and recreational facilities management;

5. Storm drain operation and management;

6. Streets and roads maintenance;

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7. Parking facilities management;

8. Public industrial activities;

9. Emergency procedures.

14.11.110 Public Information and Participation Program.

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

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

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

14.11.120 Inspection and Fees.

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

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

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

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

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

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

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

D. A fee that shall reimburse the City for the costs of inspections of facilities undertaken pursuant to this Chapter or any federal, state, regional and/or local regulatory agency order or permit pertaining to stormwater pollution or discharges shall be collected concurrently

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at the time of payment of the business license fee. The amount of the fee shall be established by City Council resolution and is intended to reimburse the City for the costs of inspections, and shall be imposed on those facilities where inspections occur. (Ord. 1139 § 1, 2003; Ord. 1064 § 4, 1997)

14.11.130 Enforcement and Penalties.

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

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

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

3. A statement of the penalty for continued noncompliance.

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

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

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

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

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14.11.140 Disclaimer of Liability.

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

14.11.150 Taking.

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

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

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

14.13.010 Title.

14.13.020 Purpose.

14.13.030 Findings.

14.13.040 Definitions.

14.13.050 New development and redevelopment project provisions applicability.

14.13.060 Project performance criteria.

14.13.070 Alternative compliance for technical infeasibility.

14.13.080 Hydromodification Management Requirements

14.13.090 Plan review procedures.

14.13.100 Plan review fees.

14.13.110 Maintenance agreement.

14.13.120 Enforcement.

14.13.130 Stop work order.

14.13.140 Failure to comply-Completion

14.13.150 Emergency measures.

14.13.160 Cost recovery for damage to storm drain system.

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

14.13.020 Purpose.

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

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

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

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

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

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

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

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

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

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

14.13.030 Findings.

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

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

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

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

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

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

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

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

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

14.13.040 Definitions.

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

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

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

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

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

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

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

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

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

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

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

5. Repair leaks.

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

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

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

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

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

A. Priority Development Projects include the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

14.13.060 Project Performance Criteria.

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

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

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

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

14.13.070 Alternative Compliance for Technical Infeasibility.

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

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

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

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

Equation 1:

Bv = 1.5 x [SWQDv - Rv]

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Where:

Bv = biofiltration volume.

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

Rv = volume reliably retained on-site.

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

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

Equation 2:

Mv = 1.0 x [SWQDv - Rv]
Where:

Mv = mitigation volume.

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

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

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

A. Filter or treat either:

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

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

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

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

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

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

14.13.080 Hydromodification Management Requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

14.13. 090 Plan Review Procedures.

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

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

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

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

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

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

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

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

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

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

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

14.13.100 Plan Review Fees.

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

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14.13.110 Maintenance Agreement.

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

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

C. Maintenance Agreement Provisions.

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

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

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

4. A fully executed "maintenance covenant for permanent BMPs requirements" shall be recorded with the Los Angeles County registrar/recorder and submitted to the public works department prior to the certificate of occupancy. Covenant documents shall be required to include an exhibit that details the installed treatment control devices as well as any site design or source control best management practices (BMPs) for post construction. The information to be provided on this exhibit shall include, but not be limited to the following:
a. 8 ½" x 11" exhibits with record property owner information.

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b. Types of BMPs (i.e., site design, source control and/or treatment control) to ensure modifications to the site are not conducted without the property owner being aware of the ramifications to BMP implementation. c. Clear depiction of location of BMPs, especially those located below ground. d. A matrix depicting the types of BMPs, frequency of inspection, type of maintenance required, and if proprietary BMPs, the company information to perform the necessary maintenance.
e. Agreement to retain documentation of proper maintenance for a period of two years.
f. Understanding that documentation of proper maintenance must be presented to the City upon request. (Ord. 1231 § 1, 2014)

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

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

14.13.120 Enforcement.

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

14.13.130 Stop Work Order.

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

14.13.140 Failure to comply.

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

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14.13.150 Emergency Measures.

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

14.13.160 Cost Recovery for Damage to Storm Drain System.

A discharger shall be liable for all costs incurred by the City as the result of causing a discharge that produces a deposit or obstruction, or causes damage to, or impairs a storm drain, or violates any of the provisions of this chapter. Costs include, but are not limited to, those penalties levied by the Environmental Protection Agency or Los Angeles Regional Water Quality Control Board for violation of an NPDES permit, attorney fees, and other costs and expenses. (Ord. 1231 § 1, 2014)
SECTION III. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

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

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

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 9th day of July, 2024, by the following vote:

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AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1306 was introduced at a regular meeting of the City Council of the City of San Dimas on the 25th day of June, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 23th day of July, 2024.
___________________________
Debra Black, City Clerk

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of July 23, 2024
From: Chris Constantin, City Manager
Prepared by: Jeff Malawy, City Attorney
Subject: Approve the Additional National Opioid Settlement with The Kroger Co. Adopt Resolution 2024-53 Authorizing the City Manager to Execute the Settlement Documents
____________________________________________________________________________

SUMMARY
In 2021, various states, counties, and cities sued opioids manufacturers and distributors regarding their responsibility for the opioid addiction epidemic. A settlement was reached with the distributors and manufacturers agreeing to pay a total of $26 billion. San Dimas participated in the 2021 settlement and its portion is an estimated $42,366 total, paid in installments over 18 years, restricted to certain opioid remediation or related uses. To avoid annual reporting and audit compliance costs, San Dimas’s share was allocated to the County of Los Angeles for a countywide opioid remediation use.

In April 2023, additional settlement agreements were proposed with Teva, Allergan, Walmart, Walgreens, and CVS, who are additional retailers and manufacturers of opioids. San Dimas participated in the 2023 settlements and its portion is an estimated $40,000 total over a 5-to15-year period. San Dimas’s 2023 funds go the County for a countywide opioid remediation use.

At this time, a new additional settlement agreement with The Kroger Co. has been proposed, which could provide up to $1.2 billion to California state, counties, and cities. San Dimas’s estimated portion is $26,400 total over an 11-year period. Just like in 2021 and 2023, by participating in the 2024 Kroger settlement, San Dimas’s funds will go the County for a countywide opioid remediation use. In any year San Dimas has a qualifying opioid-related use for the funds, it may elect to receive payment directly and comply with annual reporting and auditing in that year.

RECOMMENDATION
Staff recommends the City Council:

Approve Additional National Opioid Settlement with The Kroger Co. and Adoption of Resolution 2024-53 Authorizing the City Manager to Execute the Settlement Documents Page 2 For the Meeting of July 23, 2024

1. Approve the Settlement Participation Form for the City’s participation in the National Opioid Settlement Agreement with The Kroger Co. (Attachment 1); and

2. Approve the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds relating to the National Opioid Settlement Agreement with The Kroger Co. (Attachment 2); and

3. Adopt Resolution 2024-52 approving and authorizing the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlement with The Kroger Co., including signing necessary documents and transmittal thereof as necessary (Attachment 3).

FISCAL IMPACT
By participating in the 2024 Kroger Opioid Settlement, the City may receive an estimated $26,400 the use of which is restricted to certain opioid abatement or related uses. The funds will go to the County of Los Angeles to avoid annual reporting and auditing compliance costs unless, in any given year, the City has a qualifying use for the funds and elects to receive the funds directly in that year.

BACKGROUND
In December 2021, the City entered into settlement agreements with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation. (collectively, the “Distributors”) and Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (collectively, the “Manufacturer”) (together, the “2021 Settling Defendants”). The 2021 settlement agreement related to litigation by various States, cities, and counties relating to the above corporations’ manufacture and distribution of opioids and, in particular, the impact of such activities upon the national opioid epidemic (“2021 Settlement Agreements”). The 2021 Settlement Agreements required that a “critical mass” of public agencies participate in order for it to become effective, which was achieved in 2022.

In April 2023 additional settlement agreements (2023 Settlement Agreements) were entered with Teva, Allergan, Walmart, Walgreens, and CVS, who are additional defendants that are retailers and manufacturers of opioids (2023 Settling Defendants). The terms of the 2023 Settlement Agreements were similar to the 2021 Settlement Agreements, which included the requirement that a critical mass of participation was reached, a broad release of the 2023 Settling Defendants from liability relating to opioids and included direct or indirect payment of settlement funds to the various local agencies agreeing to participate.

Total payments allocated to San Dimas under the 2021 Settlement Agreements is approximately $42,366 total, paid in installments over 18 years. San Dimas’s allocation under the 2023 Settlement Agreements is approximately $40,000 total over a 5-to-15-year period. To avoid annual reporting and auditing compliance costs, the City allowed its funds to go to the County unless, in any given year, the City has a qualifying use for the funds and elects to receive the funds directly in that year.

DISCUSSION/ANALYSIS
At this time, a new additional settlement agreement with The Kroger Co. has been proposed. The terms of the Kroger settlement agreement are similar to the 2021 and 2023 Settlement Agreements, which include the requirement that a critical mass of participation is required,

Approve Additional National Opioid Settlement with The Kroger Co. and Adoption of Resolution 2024-53 Authorizing the City Manager to Execute the Settlement Documents Page 3 For the Meeting of July 23, 2024
provides for a broad release of Kroger from liability relating to opioids, and includes direct or indirect payment of settlement funds to the various local agencies agreeing to participate.

Additional information about the settlements can be found at www.nationalopioidsettlement.com.

The Kroger settlement agreement could provide up to approximately $1.2 billion to California state, counties, and cities. This amount assumes maximum participation. Similar to the 2021 and 2023 Settlement Agreements, the more local agencies that participate, the more funds will be available to California.

A rough estimate of San Dimas’s share of this maximum amount is approximately $26,400, which would be distributed over an 11-year period. It must be emphasized that this amount is an estimate of what the City may receive and assumes a best-case scenario where all local agencies participate. The exact actual amount will not be known until the process has completed.

Similar to the 2021 Settlement Agreements, the use of the funds is restricted to opioid remediation purposes.

Just like the 2021 and 2023 Settlement Agreements, by default San Dimas’s share of the settlement funds would be automatically sent to the County of Los Angeles, presumably for a coordinated countywide opioid remediation use, unless San Dimas elects to directly receive the funds. Direct receipt by San Dimas would require complying with strict accounting and reporting requirements, including annual written reports regarding use of the funds and tracking of all deposits and expenditures, and state audits. These requirements only apply to the City if it elects to directly receive the funds and does not apply to the City if the funds go to the County. In terms of enforcement, the State enforces the expenditure requirements.

Due to the relatively small settlement fund amount allocated to San Dimas compared with the costs of complying with annual accounting and reporting and being subjected to state audits, it is recommended the City participate in the settlements and allow its funds to go to the County. In any given year, the City can elect to receive funds directly if the City has determined a qualifying use for the funds.

The deadline for the City Council to approve participation in the new Kroger settlement agreement is August 12, 2024. Staff recommends the City Council participate in the 2024 Kroger settlement by approving Attachments 1 thru 3. San Dimas’s share of the settlement funds will be sent to the County of Los Angeles for County use, to avoid annual reporting and audit compliance costs. In any year San Dimas has a qualifying opioid-related use for the funds, San Dimas may elect to receive payment directly, and comply with annual reporting and auditing, in that year.

ALTERNATIVES
The City can choose to accept the settlement and not submit to the County. However, the City would incur the annual accounting and reporting costs for a small amount of settlement payments. The cost/benefit does not appear to be worth taking on the responsibility in place of assigning the resources and working with the County of Los Angeles directly.

ENVIRONMENTAL REVIEW

Approve Additional National Opioid Settlement with The Kroger Co. and Adoption of Resolution 2024-53 Authorizing the City Manager to Execute the Settlement Documents Page 4 For the Meeting of July 23, 2024
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Jeff Malawy
City Attorney
Attachments:

1. Subdivision Participation and Release Form

2. California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement

3. Resolution 2024-53 approving and authorizing the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements with Kroger, including signing necessary documents and transmittal thereof as necessary.

Subdivision Participation and Release Form
Governmental Entity: San Dimas city State: CA
Authorized Signatory: /officialname_kroger/
Address 1: /address1_kroger/
Address 2: /address2_kroger/
City, State, Zip: /cit_kr/ /state_kr/ /zi_kr/
Phone: /phone_kroger/
Email: /email_kroger/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated March 22, 2024 (“Kroger Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Kroger Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Kroger Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Kroger Settlement and become a Participating Subdivision as provided therein.

2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/.

3. The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to Participating Subdivisions as defined therein.

4. By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

5. The Governmental Entity agrees to use any monies it receives through the Kroger Settlement solely for the purposes provided therein.

6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Kroger Settlement. The Governmental Entity likewise agrees to arbitrate before the National 1 DocusignEnvelopeID:2F937747-E647-4646-8F06-82A95678C93D ATTACHMENT 1

Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Kroger Settlement.

7. The Governmental Entity has the right to enforce the Kroger Settlement as provided therein.

8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Kroger Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Kroger Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Kroger Settlement shall be a complete bar to any Released Claim.

9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Kroger Settlement.

10. In connection with the releases provided for in the Kroger Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Kroger Settlement.
2 Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

11. Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Kroger Settlement in any respect, the Kroger Settlement controls.

I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.

Signature: /signer_1_kroger/
Name: /name_1_kroger/
Title: /title_1_kroger/
Date: /date_1_kroger/
3 Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Kroger Settlement

1. Introduction
Pursuant to the Kroger Settlement Agreement, dated as of March 22, 2024, and any revision thereto as well as any modification thereto entered into by the State of California and Kroger (the “Kroger Settlement Agreement”), including Section V and Exhibit O, the State of California proposes this agreement (the “CA Kroger Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the Kroger Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Section IX of the Kroger Settlement Agreement.

Pursuant to Exhibit O, Paragraph 4, of the Kroger Settlement Agreement, acceptance of this CA Kroger Allocation Agreement is a requirement to be an Initial Participating Subdivision.

2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Kroger Settlement Agreement. b) Allergan Settlement Agreement means the Allergan Settlement Agreement dated November 22, 2022, and any revision thereto.
c) CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS.
d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto.
e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
f) Teva Settlement Agreement means the Teva Settlement Agreement dated November 22, 2022, and any revision thereto.
g) Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated December 9, 2022, and any revision thereto.
h) Walmart Settlement Agreement means the Walmart Settlement Agreement dated November 14, 2022, and any revision thereto.
i) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, 1 DocusignEnvelopeID:2F937747-E647-4646-8F06-82A95678C93D ATTACHMENT 2

Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, Pleasant Valley School District Board, and LA Care Health Plan.
j) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. k) Opioid Defendant means any defendant (including but not limited to Kroger Co., Walgreen Co., Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.

3. General Terms
This agreement is subject to the requirements of the Kroger Settlement Agreement, as well as applicable law, and the Kroger Settlement Agreement governs over any inconsistent provision of this CA Kroger Allocation Agreement. Terms used in this CA Kroger Allocation Agreement have the same meaning as in the Kroger Settlement Agreement unless otherwise defined herein.

Pursuant to Section V(D)(1) of the Kroger Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the Kroger Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.

4. State Allocation
The Settlement Fund payments to California,
1 pursuant to the Kroger Settlement Agreement,
shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Kroger Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”). 1 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit. 2 Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation.

B. CA Abatement Accounts Fund
i. Allocation of CA Abatement Accounts Funds
a) Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds.
b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Kroger Settlement Agreement. c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city did not elect to receive its share of funds in the National Opioids Settlement with Distributors AmerisourceBergenCorporation, Cardinal Health, Inc., and McKesson Corporation (the “Distributors Settlement”). If a city later changes or has already changed its distribution election in the Distributors Settlement, that change in election will apply here, provided that the change in election is received by the settlement administrator at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Kroger Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and 3 Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

Eureka will be deemed to have elected direct payment if they become Participating Subdivisions.
e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.
ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Kroger Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; (5) interventions to prevent drug addiction in vulnerable youth, including but not limited to, youth in foster care, juvenile justice-impacted youth, youth experiencing adversities related to socioeconomic status, and unhoused youth; and/or (6) the purchase of naloxone for distribution and efforts to expand access to naloxone for opioid overdose reversals.
4 Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list. d) For the avoidance of doubt, and subject to the requirements of the Kroger Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Kroger Settlement Agreement or this CA Kroger Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern. c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Kroger Settlement Agreement or this CA Kroger Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement.
5 Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.

C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, to fund future Opioid Remediation and reimburse past opioidrelated expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.

The CA Subdivision Funds will be allocated as follows:
a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant.

D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Kroger Settlement Agreement, and, if applicable, the Teva Settlement Agreement, Allergan Settlement Agreement, CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, and Walmart Settlement Agreement.

A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), 6 Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

pursuant to Exhibit R, section I(CC), of the Kroger Settlement Agreement and the MDL Fees Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Kroger Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement.

Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Kroger Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.

To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms.

For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including without limitation the Attorney General.

5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. 7 Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the Kroger Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Kroger. e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.

6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Kroger Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the Kroger Settlement Agreement, this CA Kroger Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA Kroger Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Kroger Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California. 8 Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

The undersigned, San Dimas city, ACKNOWLEDGES acceptance of this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement is a requirement to be an Initial Participating Subdivision in the Kroger Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement. EXECUTED on /date_1_kroger/.

Signature: /signer_1_kroger/
Name: /name_1_kroger/
Title: /title_1_kroger/
Date: /date_1_kroger/
9 Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

APPENDIX 1
DISCLAIMER: T
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change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to c
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Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

APPENDIX 1
1 of 15
100.000% 100.000% 100.000%
Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
County Alameda County Alameda 2.332% 2.853% 2.4237952%
City Alameda Alameda 0.069% 0.0570162%City Albany Alameda 0.013% 0.0107768%City Berkeley Alameda 0.152% 0.1249656% City Dublin Alameda 0.033% 0.040% 0.0338810%City Emeryville Alameda 0.023% 0.0185765%City Fremont Alameda 0.108% 0.0888576%City Hayward Alameda 0.117% 0.0966218%City Livermore Alameda 0.054% 0.0446740%City Newark Alameda 0.026% 0.0217626%City Oakland Alameda 0.486% 0.595% 0.5055601%City Piedmont Alameda 0.014% 0.0114064%City Pleasanton Alameda 0.067% 0.0554547%City San Leandro Alameda 0.039% 0.0321267%City Union City Alameda 0.043% 0.0352484% County Amador County Amador 0.226% 0.277% 0.2349885%County Butte County Butte 1.615% 1.975% 1.6783178% City Chico Butte 0.216% 0.264% 0.2246499%City Oroville Butte 0.079% 0.0646595% County Calaveras County Calaveras 0.226% 0.277% 0.2351644%County Colusa County Colusa 0.059% 0.0489221%County Contra Costa County Contra Costa 2.102% 2.571% 2.1844585% City Antioch Contra Costa 0.037% 0.0301879%City Brentwood Contra Costa 0.026% 0.0215339%City Clayton Contra Costa 0.002% 0.0018060%City Concord Contra Costa 0.055% 0.0456676% City Danville Contra Costa 0.010% 0.0082255%City El Cerrito Contra Costa 0.023% 0.0189024%City Hercules Contra Costa 0.010% 0.0078273% Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Lafayette Contra Costa 0.006% 0.0046030%
Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

APPENDIX 1
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City Martinez Contra Costa 0.012% 0.0098593%City Moraga Contra Costa 0.004% 0.0031007%City Oakley Contra Costa 0.010% 0.0079416%City Orinda Contra Costa 0.005% 0.0038157%City Pinole Contra Costa 0.013% 0.0110909%City Pittsburg Contra Costa 0.053% 0.0436369%City Pleasant Hill Contra Costa 0.013% 0.0106309%City Richmond Contra Costa 0.146% 0.1201444% City San Pablo Contra Costa 0.018% 0.0148843%City San Ramon Contra Costa 0.021% 0.0176459%City Walnut Creek Contra Costa 0.026% 0.0212132% County Del Norte County Del Norte 0.114% 0.140% 0.1189608%County El Dorado County El Dorado 0.768% 0.939% 0.7980034% City Placerville El Dorado 0.015% 0.0127642%
City South Lake Tahoe El Dorado 0.081% 0.0665456%
County Fresno County Fresno 1.895% 2.318% 1.9693410%
City Clovis Fresno 0.065% 0.0536211%City Coalinga Fresno 0.012% 0.0098554%City Fresno Fresno 0.397% 0.3270605%City Kerman Fresno 0.005% 0.0042534%City Kingsburg Fresno 0.008% 0.0066167%City Mendota Fresno 0.002% 0.0019387%City Orange Cove Fresno 0.004% 0.0035607%City Parlier Fresno 0.008% 0.0069755%City Reedley Fresno 0.012% 0.0098804%City Sanger Fresno 0.018% 0.0146135%City Selma Fresno 0.015% 0.0127537% County Glenn County Glenn 0.107% 0.131% 0.1116978%County Humboldt County Humboldt 1.030% 1.260% 1.0703185% Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Arcata Humboldt 0.054% 0.0447660%City Eureka Humboldt 0.117% 0.143% 0.1216284%City Fortuna Humboldt 0.032% 0.0266837% County Imperial County Imperial 0.258% 0.315% 0.2679006% Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

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City Brawley Imperial 0.011% 0.0087986%City Calexico Imperial 0.019% 0.0152799%City El Centro Imperial 0.158% 0.1302522%City Imperial Imperial 0.006% 0.0048791% County Inyo County Inyo 0.073% 0.089% 0.0754413%County Kern County Kern 2.517% 3.079% 2.6159145% City Arvin Kern 0.006% 0.0046425%City Bakersfield Kern 0.212% 0.1747198%City California City Kern 0.009% 0.0070820%City Delano Kern 0.030% 0.0249316%City McFarland Kern 0.003% 0.0025644%City Ridgecrest Kern 0.015% 0.0120938%City Shafter Kern 0.013% 0.0103417%City Tehachapi Kern 0.009% 0.0073580%City Wasco Kern 0.008% 0.0069861% County Kings County Kings 0.293% 0.2413469%
City Avenal Kings 0.007% 0.0056335%City Corcoran Kings 0.013% 0.0107032%City Hanford Kings 0.027% 0.0226038%City Lemoore Kings 0.016% 0.0131900% County Lake County Lake 0.795% 0.6545389%
City Clearlake Lake 0.041% 0.050% 0.0426253%
City Lakeport Lake 0.021% 0.026% 0.0222964%
County Lassen County Lassen 0.319% 0.391% 0.3320610%
City Susanville Lassen 0.027% 0.0219295%
County Los Angeles County Los Angeles 13.896% 16.999% 14.4437559% Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Agoura Hills Los Angeles 0.005% 0.0040024%City Alhambra Los Angeles 0.042% 0.0343309%City Arcadia Los Angeles 0.033% 0.0267718%City Artesia Los Angeles 0.001% 0.0005100%City Azusa Los Angeles 0.026% 0.0210857%City Baldwin Park Los Angeles 0.027% 0.0218520%City Bell Los Angeles 0.008% 0.0068783% Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

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City Bellflower Los Angeles 0.002% 0.0014485%City Bell Gardens Los Angeles 0.014% 0.0114301%City Beverly Hills Los Angeles 0.065% 0.0534897%City Burbank Los Angeles 0.100% 0.0823132%City Calabasas Los Angeles 0.006% 0.0048948%City Carson Los Angeles 0.019% 0.0159805%City Cerritos Los Angeles 0.005% 0.0039682%City Claremont Los Angeles 0.010% 0.0082584%City Commerce Los Angeles 0.000% 0.0002971%City Compton Los Angeles 0.044% 0.0361882% City Covina Los Angeles 0.028% 0.0229127%City Cudahy Los Angeles 0.001% 0.0006020%City Culver City Los Angeles 0.055% 0.0449894%City Diamond Bar Los Angeles 0.001% 0.0006993%City Downey Los Angeles 0.052% 0.0429994%City Duarte Los Angeles 0.003% 0.0027261%City El Monte Los Angeles 0.031% 0.038% 0.0318985%City El Segundo Los Angeles 0.033% 0.0268020%City Gardena Los Angeles 0.034% 0.0278088%City Glendale Los Angeles 0.166% 0.1366586% City Glendora Los Angeles 0.016% 0.0134411%City Hawaiian Gardens Los Angeles 0.005% 0.0040549%City Hawthorne Los Angeles 0.050% 0.0407833% Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Hermosa Beach Los Angeles 0.018% 0.0145307%City Huntington Park Los Angeles 0.023% 0.0190667%City Inglewood Los Angeles 0.059% 0.0489195%City La Cañada Flintridge Los Angeles 0.003% 0.0025565%City Lakewood Los Angeles 0.005% 0.0039971%City La Mirada Los Angeles 0.010% 0.0081572%City Lancaster Los Angeles 0.045% 0.0369689%City La Puente Los Angeles 0.002% 0.0012999%City La Verne Los Angeles 0.024% 0.0194190%City Lawndale Los Angeles 0.002% 0.0017731% Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

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City Lomita Los Angeles 0.004% 0.0031940%City Long Beach Los Angeles 0.439% 0.3614151%City Los Angeles Los Angeles 2.715% 3.321% 2.8218811%City Lynwood Los Angeles 0.016% 0.0134345%City Malibu Los Angeles 0.002% 0.0019269%City Manhattan Beach Los Angeles 0.032% 0.0260686%City Maywood Los Angeles 0.004% 0.0035528%City Monrovia Los Angeles 0.031% 0.0254455% City Montebello Los Angeles 0.030% 0.0250670%City Monterey Park Los Angeles 0.031% 0.0256677%City Norwalk Los Angeles 0.031% 0.0258228%City Palmdale Los Angeles 0.046% 0.0375827%City Palos Verdes Estates Los Angeles 0.006% 0.0053102%City Paramount Los Angeles 0.011% 0.0091483%City Pasadena Los Angeles 0.146% 0.1200524%City Pico Rivera Los Angeles 0.022% 0.0183333%City Pomona Los Angeles 0.111% 0.0911933% City Rancho Palos Verdes Los Angeles 0.002% 0.0012645%City Redondo Beach Los Angeles 0.062% 0.0506992%City Rosemead Los Angeles 0.003% 0.0028260% Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City San Dimas Los Angeles 0.003% 0.0022016%City San Fernando Los Angeles 0.013% 0.0104837%City San Gabriel Los Angeles 0.018% 0.0147726%City San Marino Los Angeles 0.009% 0.0073791%City Santa Clarita Los Angeles 0.022% 0.0178167%City Santa Fe Springs Los Angeles 0.031% 0.0257531%City Santa Monica Los Angeles 0.158% 0.1298513%City Sierra Madre Los Angeles 0.006% 0.0048646%City Signal Hill Los Angeles 0.010% 0.0084884%City South El Monte Los Angeles 0.005% 0.0039603%City South Gate Los Angeles 0.020% 0.0166272%City South Pasadena Los Angeles 0.012% 0.0095334%City Temple City Los Angeles 0.005% 0.0039498% Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

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City Torrance Los Angeles 0.112% 0.0919820%City Walnut Los Angeles 0.006% 0.0047305%City West Covina Los Angeles 0.049% 0.0404521%City West Hollywood Los Angeles 0.013% 0.0108517% City Whittier Los Angeles 0.032% 0.0260581%
County Madera County Madera 0.349% 0.427% 0.3630669%
City Chowchilla Madera 0.012% 0.0097332%City Madera Madera 0.039% 0.0318441% County Marin County Marin 0.564% 0.690% 0.5861325%
City Larkspur Marin 0.015% 0.0124697%City Mill Valley Marin 0.020% 0.0168401%City Novato Marin 0.028% 0.0229824%City San Anselmo Marin 0.009% 0.0078062%City San Rafael Marin 0.089% 0.0729823% County Mariposa County Mariposa 0.084% 0.103% 0.0876131%County Mendocino County Mendocino 0.439% 0.536% 0.4558394% City Ukiah Mendocino 0.039% 0.0317153%
Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
County Merced County Merced 0.551% 0.674% 0.5724262%
City Atwater Merced 0.024% 0.0195846%City Livingston Merced 0.006% 0.0045873%City Los Banos Merced 0.020% 0.0165142%City Merced Merced 0.061% 0.0500762% County Modoc County Modoc 0.065% 0.080% 0.0678250%County Mono County Mono 0.023% 0.029% 0.0242606%County Monterey County Monterey 0.908% 1.111% 0.9437083% City Greenfield Monterey 0.006% 0.0050552%City King City Monterey 0.005% 0.0037355%City Marina Monterey 0.017% 0.0144098%City Monterey Monterey 0.041% 0.0336540% City Pacific Grove Monterey 0.009% 0.0074842%City Salinas Monterey 0.094% 0.0776576%City Seaside Monterey 0.023% 0.0191772%City Soledad Monterey 0.007% 0.0060870% Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

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County Napa County Napa 0.288% 0.352% 0.2994325%
City American Canyon Napa 0.017% 0.0136869%City Napa Napa 0.078% 0.0642783% County Nevada County Nevada 0.441% 0.539% 0.4579827%
City Grass Valley Nevada 0.024% 0.0197805%City Truckee Nevada 0.003% 0.0023843% County Orange County Orange 4.364% 5.339% 4.5363576%
City Aliso Viejo Orange 0.014% 0.0113841%City Anaheim Orange 0.554% 0.678% 0.5759282%City Brea Orange 0.086% 0.0708897% City Buena Park Orange 0.087% 0.0714352%City Costa Mesa Orange 0.124% 0.152% 0.1288366%City Cypress Orange 0.033% 0.0271937%City Dana Point Orange 0.001% 0.0005560% Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Fountain Valley Orange 0.055% 0.0455980%City Fullerton Orange 0.137% 0.168% 0.1425744%City Garden Grove Orange 0.213% 0.1752482%City Huntington Beach Orange 0.247% 0.302% 0.2568420%City Irvine Orange 0.139% 0.170% 0.1442350%City Laguna Beach Orange 0.047% 0.058% 0.0493043%City Laguna Hills Orange 0.014% 0.0115457%City Laguna Niguel Orange 0.001% 0.0007071%City Laguna Woods Orange 0.001% 0.0006546%City La Habra Orange 0.060% 0.073% 0.0621049%City Lake Forest Orange 0.012% 0.0101249%City La Palma Orange 0.012% 0.0095439%City Los Alamitos Orange 0.008% 0.0069190%City Mission Viejo Orange 0.014% 0.0117560%City Newport Beach Orange 0.179% 0.1470134%City Orange Orange 0.150% 0.1231320%City Placentia Orange 0.029% 0.035% 0.0298912%City Rancho Santa Margarita Orange 0.001% 0.0006296%City San Clemente Orange 0.008% 0.010% 0.0086083% Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

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City San Juan Capistrano Orange 0.008% 0.0065510%City Santa Ana Orange 0.502% 0.614% 0.5213866% City Seal Beach Orange 0.020% 0.0165891%City Stanton Orange 0.035% 0.0291955%City Tustin Orange 0.073% 0.0600341%City Westminster Orange 0.104% 0.127% 0.1082721% City Yorba Linda Orange 0.044% 0.0362223%
County Placer County Placer 1.045% 1.278% 1.0861002%
City Auburn Placer 0.017% 0.0141114%City Lincoln Placer 0.031% 0.0255599%City Rocklin Placer 0.076% 0.0625485% Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Roseville Placer 0.196% 0.1616559%
County Plumas County Plumas 0.205% 0.251% 0.2128729%County Riverside County Riverside 4.534% 5.547% 4.7128296% City Banning Riverside 0.017% 0.0143848%City Beaumont Riverside 0.021% 0.0171135%City Blythe Riverside 0.012% 0.0096714% City Canyon Lake Riverside 0.000% 0.0001761%City Cathedral City Riverside 0.067% 0.0553614%City Coachella Riverside 0.021% 0.0173054%City Corona Riverside 0.147% 0.1207083%City Desert Hot Springs Riverside 0.024% 0.0200433%City Eastvale Riverside 0.000% 0.0002747%City Hemet Riverside 0.051% 0.0421792%City Indio Riverside 0.056% 0.0457794%City Jurupa Valley Riverside 0.001% 0.0008991%City Lake Elsinore Riverside 0.021% 0.0172949%City La Quinta Riverside 0.063% 0.0516732%City Menifee Riverside 0.032% 0.0260909%City Moreno Valley Riverside 0.137% 0.1130348%City Murrieta Riverside 0.048% 0.059% 0.0497423%City Norco Riverside 0.016% 0.0134542%City Palm Desert Riverside 0.083% 0.0682465% Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

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City Palm Springs Riverside 0.076% 0.0629862%City Perris Riverside 0.009% 0.0076774%City Rancho Mirage Riverside 0.052% 0.0431098% City Riverside Riverside 0.268% 0.2206279%City San Jacinto Riverside 0.010% 0.0085936% City Temecula Riverside 0.022% 0.0180086%City Wildomar Riverside 0.008% 0.0062500% County Sacramento County Sacramento 3.797% 4.645% 3.9465887% Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City
Citrus Heights Sacramento 0.057% 0.0465312%
City Elk Grove Sacramento 0.130% 0.1066994%City Folsom Sacramento 0.108% 0.0890850%City Galt Sacramento 0.017% 0.0143704%City Rancho Cordova Sacramento 0.008% 0.0067679%City Sacramento Sacramento 0.721% 0.882% 0.7496530% County San Benito County San Benito 0.106% 0.130% 0.1101417% City Hollister San Benito 0.027% 0.0225355%
County San Bernardino County San Bernardino 3.259% 3.987% 3.3878124% City Adelanto San Bernardino 0.008% 0.0066640%
City Apple Valley San Bernardino 0.025% 0.0207360%City Barstow San Bernardino 0.015% 0.0122056%City Chino San Bernardino 0.064% 0.0525893%City Chino Hills San Bernardino 0.001% 0.0006388%City Colton San Bernardino 0.031% 0.0253443%City Fontana San Bernardino 0.112% 0.0920543%City Grand Terrace San Bernardino 0.006% 0.0051051%City Hesperia San Bernardino 0.035% 0.0291522%City Highland San Bernardino 0.004% 0.0029061%City Loma Linda San Bernardino 0.009% 0.0071188%City Montclair San Bernardino 0.039% 0.0322108%City Ontario San Bernardino 0.179% 0.1472934%City Rancho Cucamonga San Bernardino 0.084% 0.0689431%City Redlands San Bernardino 0.057% 0.0469150%City Rialto San Bernardino 0.073% 0.0603206% Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

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City San Bernardino San Bernardino 0.178% 0.1461880%City Twentynine Palms San Bernardino 0.002% 0.0012605% City Upland San Bernardino 0.052% 0.0424460%City Victorville San Bernardino 0.033% 0.0269400%City Yucaipa San Bernardino 0.016% 0.0128772% Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Yucca Valley San Bernardino 0.003% 0.0021228%
County San Diego County San Diego 5.706% 6.980% 5.9309748% City Carlsbad San Diego 0.128% 0.1050485%City Chula Vista San Diego 0.189% 0.231% 0.1961456%City Coronado San Diego 0.044% 0.0359095%City El Cajon San Diego 0.113% 0.0933582%City Encinitas San Diego 0.061% 0.074% 0.0630289%City Escondido San Diego 0.145% 0.1192204%City Imperial Beach San Diego 0.014% 0.0118283%City La Mesa San Diego 0.055% 0.068% 0.0575593%City Lemon Grove San Diego 0.022% 0.0183911%City National City San Diego 0.080% 0.0656808%City Oceanside San Diego 0.213% 0.1753428%City Poway San Diego 0.062% 0.0511040%City San Diego San Diego 1.975% 2.416% 2.0531169% City San Marcos San Diego 0.089% 0.0733897%City Santee San Diego 0.033% 0.0268401%City Solana Beach San Diego 0.017% 0.0138564%City Vista San Diego 0.052% 0.0425144% Consolidated San Francisco San Francisco 3.026% 3.702% 3.1457169% County San Joaquin County San Joaquin 1.680% 2.055% 1.7460399% City Lathrop San Joaquin 0.009% 0.0075394%City Lodi San Joaquin 0.053% 0.0439484%City Manteca San Joaquin 0.054% 0.0443454%City Ripon San Joaquin 0.013% 0.0104219%City Stockton San Joaquin 0.313% 0.383% 0.3256176% City Tracy San Joaquin 0.084% 0.0692047%
County San Luis Obispo County San Luis Obispo 0.816% 0.999% 0.8484126% Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

APPENDIX 1
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City Arroyo Grande San Luis Obispo 0.024% 0.0199053%City Atascadero San Luis Obispo 0.029% 0.0240680% Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City El Paso de Robles (Paso Robles) San Luis Obispo 0.043% 0.0353456%City Grover Beach San Luis Obispo 0.017% 0.0137881%City Morro Bay San Luis Obispo 0.020% 0.0160922%City San Luis Obispo San Luis Obispo 0.077% 0.0637841% County San Mateo County San Mateo 1.074% 1.313% 1.1159599% City Belmont San Mateo 0.021% 0.0169860%City Burlingame San Mateo 0.019% 0.0152537%City Daly City San Mateo 0.044% 0.0363880%City East Palo Alto San Mateo 0.013% 0.0103982%City Foster City San Mateo 0.020% 0.0166101%City Half Moon Bay San Mateo 0.004% 0.0031638%City Hillsborough San Mateo 0.013% 0.0110029%City Menlo Park San Mateo 0.015% 0.0126209%City Millbrae San Mateo 0.013% 0.0105836%City Pacifica San Mateo 0.016% 0.0130625%City Redwood City San Mateo 0.056% 0.0463511%City San Bruno San Mateo 0.021% 0.0172161% City San Carlos San Mateo 0.013% 0.0108885%City San Mateo San Mateo 0.052% 0.0425841%City South San Francisco San Mateo 0.043% 0.0353943% County Santa Barbara County Santa Barbara 1.132% 1.385% 1.1768968% City Carpinteria Santa Barbara 0.001% 0.0008938%City Goleta Santa Barbara 0.004% 0.0028969%City Lompoc Santa Barbara 0.047% 0.0389379%City Santa Barbara Santa Barbara 0.122% 0.1004559%City Santa Maria Santa Barbara 0.058% 0.0479179% County Santa Clara County Santa Clara 2.404% 2.941% 2.4987553% City Campbell Santa Clara 0.014% 0.0112566%City Cupertino Santa Clara 0.008% 0.0066824%City Gilroy Santa Clara 0.025% 0.0202891% Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

APPENDIX 1
12 of 15
Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Los Altos Santa Clara 0.013% 0.0103338%City Los Gatos Santa Clara 0.013% 0.0103220%City Milpitas Santa Clara 0.036% 0.0298120%City Morgan Hill Santa Clara 0.015% 0.0124619%City Mountain View Santa Clara 0.041% 0.0334608%City Palo Alto Santa Clara 0.039% 0.0323080%City San Jose Santa Clara 0.294% 0.360% 0.3054960%City Santa Clara Santa Clara 0.067% 0.0549723%City Saratoga Santa Clara 0.004% 0.0034161%City Sunnyvale Santa Clara 0.053% 0.0434069% County Santa Cruz County Santa Cruz 0.783% 0.957% 0.8135396% City Capitola Santa Cruz 0.020% 0.0168191%City Santa Cruz Santa Cruz 0.143% 0.1180348%City Scotts Valley Santa Cruz 0.015% 0.0126525%
City Watsonville Santa Cruz 0.063% 0.0520136%
County Shasta County Shasta 1.095% 1.339% 1.1380191%
City Anderson Shasta 0.024% 0.0198896%City Redding Shasta 0.284% 0.2334841% City Shasta Lake Shasta 0.004% 0.0031993%
County Siskiyou County Siskiyou 0.228% 0.279% 0.2373393%County Solano County Solano 0.760% 0.6260795% City Benicia Solano 0.031% 0.0253903%City Dixon Solano 0.016% 0.0130849%City Fairfield Solano 0.109% 0.0897317%City Suisun City Solano 0.021% 0.0176183%City Vacaville Solano 0.119% 0.0976497%City Vallejo Solano 0.167% 0.1373644% County Sonoma County Sonoma 1.218% 1.490% 1.2661290%
City Healdsburg Sonoma 0.032% 0.0266929%City Petaluma Sonoma 0.081% 0.0667507% Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

APPENDIX 1
13 of 15
City Rohnert Park Sonoma 0.041% 0.0340759%City Santa Rosa Sonoma 0.184% 0.1519070%City Sonoma Sonoma 0.022% 0.0183438%City Windsor Sonoma 0.016% 0.0129298% County
Sta
nisla
us County Stanislaus 1.722% 1.4182273%
City Ceres Stanislaus 0.041% 0.0340260%City Modesto Stanislaus 0.217% 0.1788759%City Newman Stanislaus 0.006% 0.0046964% City Oakdale Stanislaus 0.018% 0.0145531%City Patterson Stanislaus 0.015% 0.0126590%City Riverbank Stanislaus 0.010% 0.0085699%City Turlock Stanislaus 0.065% 0.0531966% County
S
utter County Sutter 0.306% 0.374% 0.3179548%
City Yuba City Sutter 0.074% 0.0606242%
County Tehama County Tehama 0.213% 0.261% 0.2216654%
City Red Bluff Tehama 0.014% 0.0117771%
County Trinity County Trinity 0.082% 0.101% 0.0855476%County Tulare County Tulare 0.809% 0.990% 0.8410949% City Dinuba Tulare 0.014% 0.0116929%City Exeter Tulare 0.004% 0.0032479%City Farmersville Tulare 0.003% 0.0027879%City Lindsay Tulare 0.007% 0.0057111%City Porterville Tulare 0.021% 0.0171845%City Tulare Tulare 0.037% 0.0302273%City Visalia Tulare 0.066% 0.0545872% County Tuolumne County Tuolumne 0.486% 0.594% 0.5047621% County Ventura County Ventura 2.192% 2.681% 2.2781201%
City Camarillo Ventura 0.002% 0.0012815%City Fillmore Ventura 0.002% 0.0020294%City Moorpark Ventura 0.008% 0.0067337% Participating
Su
b
division
Classification
Participating Subdivision County
A
batement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Oxnard Ventura 0.156% 0.190% 0.1617338%City Port Hueneme Ventura 0.021% 0.0174145%City San Buenaventura (Ventura) Ventura 0.085% 0.0702181% Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

APPENDIX 1
14 of 15
City Santa Paula Ventura 0.014% 0.0119072%City Simi Valley Ventura 0.065% 0.0533043%City Thousand Oaks Ventura 0.022% 0.0179902% County Yolo County Yolo 0.357% 0.437% 0.3713319%
City Davis Yolo 0.055% 0.0451747%City West Sacramento Yolo 0.066% 0.0544321%City Woodland Yolo 0.058% 0.0477904% County Yuba County Yuba 0.214% 0.262% 0.2225679%
City Marysville Yuba 0.014% 0.0112079%
Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

1 APPENDIX 2
Cost Reimbursement Procedure

1. Additional defined terms:
a) Costs means the reasonable amounts paid for the attorney and other City Attorney and County Counsel staff time for individuals employed by a Plaintiff Subdivision at the contractual rate, inclusive of benefits and overhead, together with amounts paid for court reporters, experts, copying, electronic research, travel, vendors, and the like, which were not previously reimbursed and which were paid or incurred (i) prior to December 31, 2022 in litigation against any Opioid Defendant and/or (ii) in negotiating and drafting any CA Allocation Agreement(s) concerning a settlement with any Opioid Defendant(s).

Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, or Section IX and Exhibit R of the Walmart Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first. c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.

2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies.
///
Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

2 b) Claims Procedure.
i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Kroger Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walmart Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date. ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt. v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

3 reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment. vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section V(B)(2) of the Kroger Settlement Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and Kroger a report of the fees and expenses incurred by the Special Master pursuant to Section V(B)(2) of the Kroger Settlement Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section 2.c.v below. ii. Final Awards of Costs that do not exceed seventy-five thousand dollars ($75,000.00) will be paid next in priority after the Special Master’s approved invoices.
iii. Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will be paid proportionally from the funds remaining in that year’s Annual Payment. iv. Any claim for Costs that is not paid in full will be allocated against the next year’s distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full.
v. In no event will more than 50% of the total CA Subdivision Fund received in any year be used to pay Costs or the Special Master’s approved invoices. vi. In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Kroger Settlement Agreement, Walgreens Settlement Agreement, Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, CVS Settlement Agreement, Janssen Settlement Agreement, and the Walmart Settlement Agreement be used to pay Costs.

Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

4 d) Collateral Source Payments and Third-Party Settlement. i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plaintiff Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment.
ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above.

Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

1 APPENDIX 3

CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Kroger Settlement and their counsel.

In light of the Order, and at the request of [SUBDIVISION], the [SUBDIVISION], its counsel [COUNSEL], and the California Attorney General, on behalf of the State of California, are entering into this California-Subdivision Backstop Agreement (Backstop Agreement). [SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State BackStop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys’ Fees, Costs, and Expenses) of the Kroger Settlement Agreement.

Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Kroger Settlement Agreement and CA Kroger Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Kroger Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Kroger Settlement.
[COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Kroger Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments.

The Attorney General is executing this agreement solely because the definition of “State BackStop Agreement” in Exhibit R of the Kroger Settlement Agreement requires such agreements to be between “a Settling State” and private counsel for a participating subdivision. Neither the California Attorney General nor the State of California have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

BY E-MAIL
2001 M Street, NW Suite 600
Washington, DC 20036
+1 202 682 7000 tel
+1 202 857 0940 fax
March 28, 2024
Chantale Fiebig
+1 (202) 682-7200
[email protected]
David Jones
Supervising Deputy Attorney General
Healthcare Rights & Access Section
Department of Justice
1300 I Street
Sacramento, CA 95814
Phone: (916) 210-7861
Email: [email protected]
Re: Kroger Opioids Settlement Agreement
Dear Mr. Jones:

This letter summarizes the agreement reached between Kroger and the State of California regarding the multistate Kroger Settlement Agreement dated March 22, 2024 regarding opioid claims by states and subdivisions (the "Multistate Kroger Settlement Agreement").

The Kroger Co. and all of its direct and indirect subsidiaries ("Kroger"), and the State of California, by and through its Attorney General Rob Bonta, have agreed to the following modification to the Multistate Kroger Settlement Agreement in its application to California. For the avoidance of doubt, the limited modification set forth below applies only to California and to no other state or territory.

The “Prescription Red Flag” described in Section IX(5)(a) of Exhibit P to the Multistate Kroger Settlement Agreement is modified in its entirety to read as follows:

A Controlled Substance prescription fails to meet the requirements of law. For the sake of clarity, minor deficiencies in the patient’s name, address, date of birth, or contact information are not a red flag if the pharmacist, in his or her professional judgment and usual course of practice, is able to resolve these deficiencies with the patient.

This limited California-specific modification was a necessary condition for California's decision to signon as a participating state to the Multistate Kroger Settlement Agreement.

For the avoidance of doubt, all other terms and provisions in the Multistate Kroger Settlement Agreement remain the same, including without limitation all “Prescription Red Flags” not specified above, all Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

David Jones
March 28, 2024

definitions, all release provisions, the eleven-year-payment schedule and all other terms and provisions of the payment schedule, and all other terms and provisions.

These terms and this letter shall be included in a stipulated judgment to be filed in a Superior Court in the State of California.

Sincerely,
Chantale Fiebig
Counsel for The Kroger Co.

SO AGREED BY AND ON BEHALF OF THE STATE OF CALIFORNIA:
________________________________
Name: David A. Jones
Title: Supervising Deputy Attorney General
Date: March 29, 2024
Docusign Envelope ID: 2F937747-E647-4646-8F06-82A95678C93D

ATTACHMENT 3
RESOLUTION 2024-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

DIMAS, CALIFORNIA, AUTHORIZING THE CITY OF SAN DIMAS

TO ENTER INTO A SETTLEMENT AGREEMENT WITH THE
KROGER CO. (INCLUDING THE RELATED PARTICIPATION
AGREEMENTS); AGREE TO THE TERMS OF THE RELATED

STATE-SUBDIVISION AGREEMENT AND AUTHORIZE ENTRY

INTO THE RELATED STATE-SUBDIVISION ALLOCATION
AGREEMENTS WITH THE ATTORNEY GENERAL; AND

AUTHORIZING THE CITY MANAGER TO CARRY OUT

FURTHER RELATED ACTS
WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death, forcing the State of California and California counties and cities to spend billions of dollars each year to address the direct consequences of this crisis; and, WHEREAS, pending in the U.S. District Court for the Northern District of Ohio is a multidistrict litigation (“MDL”) being pursued by numerous public entity plaintiffs against the manufacturers and distributors of various opioids based on the allegation that the defendants’ unlawful conduct caused the opioid epidemic; and,
WHEREAS, on or about March 25, 2024, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Kroger; and WHEREAS, as part of the settlement with Kroger, local subdivisions, including certain cities, that are not plaintiffs in the MDL may participate in the settlements in exchange for a release of Kroger (Participating Subdivision); and
WHEREAS, copies of the proposed terms of those proposed nationwide settlements have been set forth in the Kroger Settlement Agreement; and
WHEREAS, copies of the Kroger Settlement Agreement have been made available to the City Council of the City of San Dimas (City) with this resolution; and WHEREAS, the Kroger Settlement Agreement provides, among other things, for the payment of a certain sum to settling government entities in California including to the State of California and Participating Subdivisions upon occurrence of certain events as defined in the Settlement Agreement (California Opioid Funds); and
WHEREAS, in order to become a Participating Subdivision, the City must enter into a Subdivision Participation and Release Form which allows participation in the Kroger Settlement Agreement; and
WHEREAS, California local governments in the MDL have engaged in extensive discussions with the State Attorney General’s Office (AGO) as to how the California Opioid Funds will be allocated, which has resulted in the Proposed California State Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement (Allocation Agreement) from the settlement with Kroger; and
WHEREAS, under the Kroger Settlement Agreement, certain local subdivisions that did

Resolution 2024-53 Page 2
Kroger Co. Settlement Agreement
July 23, 2024
not file a lawsuit against Kroger may qualify to participate in the settlement and obtain funds from the Abatement Account Fund; and
WHEREAS, the City is eligible to participate in the Settlement and become a CA Participating Subdivision; and
WHEREAS, a CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, unless the city elects to take a direct election of the settlement funds, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date; and WHEREAS, the intent of this resolution is to authorize the City to enter into the Kroger Settlement Agreement by executing the Participation Agreement and to enter into the California State-Subdivision Agreement by executing the signature pages to those agreements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

SECTION 2. Approval and Authorization. The City Manager is hereby approved and authorized to settle and release the City’s claims against the Settling Defendants in exchange for the consideration set forth in the Master Settlement Agreements, Participation Agreements, State-Subdivision Agreement, Allocation Agreements, and all exhibits thereto.

SECTION 3. Further Acts. The City Manager is hereby authorized to carry out all necessary acts such that the City can participate in the Kroger Settlement Agreement, including, without limitation, execution (as necessary) of the Participation Agreement, Master Settlement Agreement, State-Subdivision Agreement, Allocation Agreement; and all related documents and the transmittal of thereof as necessary and appropriate.

SECTION 4. Ratification. All actions heretofore taken by the City Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved.

SECTION 5. Effective Date. This Resolution shall immediately take effect upon passage.

Resolution 2024-53 Page 3
Kroger Co. Settlement Agreement
July 23, 2024
PASSED, APPROVED AND ADOPTED this 23rd day of July, 2024. _______________________________
Emmett Badar, Mayor
ATTEST:
________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-53 was adopted by the City Council of San Dimas at its regular meeting of July 23, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Debra Black, City Clerk

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of July 23, 2024
From: Chris Constantin, City Manager
Prepared by: Steven Barragan, Engineering Manager
Subject: Adopt Resolution 2024-54 Approving Final Tract Map 73584 and Approving and Authorizing the City Manager to Execute the Subdivision Agreement for Properties Located at 300 N. Walnut Ave, 343 Moore Lane, and unaddressed properties (APN’s: 8390-009-0013, 8390-009-0010, 8390-009-0011 and 8390- 009-0031)
____________________________________________________________________________

SUMMARY
The applicant for the development at 300 N Walnut Avenue is requesting approval of the Final Tract Map 73584 and the associated subdivision agreement.

RECOMMENDATION
Staff recommends that the City Council:
• Adopt Resolution 2024-54 approving Final Tract Map No. 73584. • Approve and Authorize the City Manager to execute the subdivision agreement for Tract Map No. 73584 for Properties Located at 300 N. Walnut Ave, 343 Moore Lane, and unaddressed properties (APN’s: 8390-009-0013, 8390-009-0010, 8390-009-0011 and 8390-009-0031) in a from approved by the City Attorney.

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

Approval of Final Tract Map 73584 Page 2
For the Meeting of July 23, 2024

BACKGROUND
The approved Tentative Map consists of consolidating four (4) existing parcels at 300 North Walnut Avenue, 343 Moore Lane, and unaddressed properties (APN’s: 8390-009-0013, 8390- 009-0010, 8390-009-0011 and 8390-009-0031), with a total area of 3.17 acres, to subdivide into twelve (12) residential parcels. The Tentative Map also reflects the amendment of the zoning land use from Single Family 16,000 to Single Family 7,500 (Zone Change 16-01) and Municipal Code Text Amendment No. 18-01.

The Tentative Tract Map was reviewed at the City Council Meetings of August 14, 2018 and August 28, 2018. The Tentative Map was approved by the City Council at the August 28, 2018 regular scheduled meeting with Resolution 2018-47. The City Council granted a two-year extension for the Tentative Map at the August 25, 2020 regular scheduled meeting and once again at the August 9, 2022 meeting.

DISCUSSION/ANALYSIS
The applicant has deposited security for the performance of Subdivision Agreement of Tract 73584 as required by Government Code §66499 et seq and paid applicable fees. Security is in the form approved by the City Engineer, Public Works Director, and City Attorney and are of the following amounts:
a. Faithful Performance Bond - $798,905.00 to guarantee construction and installation of public improvements
b. Labor and Material Bond – $399,452.50 to guarantee payment to Subdivider’s contractor, subcontractors, and to persons furnishing labor or equipment for the construction or installation of public improvements.
c. Survey Monument Bond – $2,322 to guarantee installation of all subdivision public improvement monuments required by law prior to acceptance of the public improvements by the City, and to guarantee installation of individual property monuments within one year of the City’s acceptance of public improvements as called for on the Final Map.

The applicant shall execute a Subdivision Agreement between Subdivider and the City of San Dimas for the completion of the improvements. The agreement shall be executed to the satisfaction of the City in a form approved by the City Attorney.

The Final Map has been reviewed by the City Engineer and complies with all set requirements of the California Subdivision Map Act and City requirements.

ALTERNATIVES
The Tentative Map was previously approved by the City Council and the applicant has satisfied its conditions which makes this request a ministerial approval.

ENVIRONMENTAL REVIEW
On August 28, 2018, the City Council certified and adopted a Mitigated Negative Declaration (MND) and a Mitigation Monitoring and Reporting Program for the proposed project, including the

Approval of Final Tract Map 73584 Page 3
For the Meeting of July 23, 2024
subdivision and related applications. The MND was prepared in accordance with CEQA Guidelines to evaluate the physical environmental impacts of the proposed project. The Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on May 18, 2018 through June 6, 2018 and was also made available for review on the City’s website.

Therefore, no additional CEQA review is required for this request.

Respectfully submitted,
Steven Barragan
Engineering Manager
Attachments:

1. Resolution 2024-53

2. Final Tract Map No. 73584

3. Subdivision Agreement for Tract 73584

ATTACHMENT 1
RESOLUTION 2024-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, APPROVING THE FINAL MAP FOR TRACT MAP NO. 73584 (TTM 16-01) AND APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SUBDIVISION AGREEMENT
WHEREAS, the Subdivider of Tract Map No. 73854, a request to consolidate four existing parcels with a total area of 3.17 acres, to subdivide into 12 residential parcels at 300 North Walnut Avenue, 343 Moore Lane, and unaddressed properties (APN’s: 8390-009-013, 8390-009-010, 8390-009-011, and 8390-009-031)
WHEREAS, the City of San Dimas City Council approved Tentative Tract Map 16-01 for Tract Map No. 73854 under Resolution 2018-47 at the August 28, 2018 meeting.

WHEREAS, pursuant to California law and City ordinances, regulation and conditions, Subdivider has presented a final subdivision map for Tract Map No 73584 to the City of San Dimas for approval and recordation; and
WHEREAS, City staff has reviewed the Final Map for Tract 73584 (TTM 16-01) and finds it technically correct and that all applicable Final Map conditions of approval have been satisfied; and
WHEREAS, in consideration of its Final Map approval, Subdivider desires to enter into a secured Agreement to install and complete, at its sole expense, all public improvement work (“Improvements”) required of the subdivision by the City; and WHEREAS, the City Council desires to approve the Final Map subject to the filing of necessary improvement security for off-site improvements as required by the San Dimas Subdivision Ordinance and certain conditions set forth herein.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby resolve that:

SECTION 1. That Final Tract Map No. 73584, as submitted by the Subdivider, is hereby accepted and approved by the City.

SECTION 2. That the proper officials of the City of San Dimas are instructed to endorse acceptance by the City of the Final Map, subject to the fulfillment of the following requirements and conditions:

1. At its sole expense, Subdivider shall construct all improvements according to the conditions of the approved Tentative Tract Map and the approved improvement plans, standards and specifications on file with the Public Works Department/City Engineer.

Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees in accordance with adopted City fee schedules, and pay all taxes required by law.

Resolution 2024-54 Page 2
Final Tract Map No. 73854 (TTM 16-01)
July 23, 2024
Prior to City Council approval of the Final Map, the Subdivider has deposited security for the performance of this Subdivision Agreement as required by Government Code §66499 et seq and paid applicable fees. Security is in the form approved by the City Eningeer, Public Works Director, and City Attorney and are of the following amounts:
a. Faithful Performance Bond - $798,905.00 to guarantee construction and installation of public improvements
b. Labor and Material Bond – $399,452.50 to guarantee payment to Subdivider’s contractor, subcontractors, and to persons furnishing labor or equipment for the construction or installation of public improvements.
c. Survey Monument Bond – $2,322 to guarantee installation of all subdivision public improvement monuments required by law prior to acceptance of the public improvements by the City, and to guarantee installation of individual property monuments within one year of the City’s acceptance of public improvements as called for on the Final Map.

2. Subidvider shall execute Subdivision Agreement between Subdivider and the City of San Dimas. Agreement shall be executed to the satisfaction of the City in a form approved by the City Attorney.

3. Subdivider shall provide dedication as provided on the Final Map SECTION 3. The City shall accept the dedications as provided on the Final Map subject to completion of the improvements to the City’s satisfaction.

SECTION 4. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, APPROVED AND ADOPTED this 23rd day of July, 2024. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk