San Dimas City Council
October 8, 2024

32 Implementation Plan
Our goal is to facilitate a smooth rollout and rapid adoption of your new technology by following the implementation plan below.

Action
Items Date Brief Description of Actions
Approval to
Proceed TBD ▪ Signed agreements including credit application Digital Site
Survey
▪ Our IT department will contact you via phone to gather information for a site survey including network information and electrical outlet requirements.

Delivery
Arrangements
▪ Delivery tickets turned into our operations department ▪ Confirmed delivery date
▪ “Return Authorization” letter for old equipment pickup ▪ Client contacted two days prior to delivery to finalize arrangements
Delivery ▪ Delivery
▪ Basic user copying/printing/fax training
Networking Delivery day
▪ Systems connected to network
▪ Drivers installed on up to 5 workstations (If more than 5 users will be connected, additional users should be done by your IT staff or planned to be connected at a future date following initial set-up)
Training Delivery day
▪ Comprehensive end user and key operator training
performed by Account Executive
Follow Up Within 1 week of
delivery
▪ Client Relationship Manager to schedule follow-up
training and deliver welcome packets

33 A Focus on Customer Satisfaction
Sharp upholds industry service standards, including our four-hour average response time and 82 percent first call effectiveness. Our factory-certified technicians are stocked with commonly used parts to expedite service and optimize performance using OEM (original equipment manufacturer) parts, regardless of the make or model. We also perform preventative maintenance on Sharp and non-Sharp equipment by deploying MICAS (Machine Intelligence Call Assistance System), our proprietary device management application, to automate toner replenishment, meter reads and service calls.

Award-Winning Products
Have confidence knowing you have invested in office equipment that has been recognized and carefully examined by Buyers Lab (BLI), a world leader in independent evaluation of document imaging and smart workplace business products.

Sharp is the current holder of the 2018 – 2021 Buyers Lab Most Reliable Monochrome Copier MFP Brand, which is presented to one manufacturer every three years. Additionally, BLI presented Sharp with fourteen (14) 2020 Pick Awards and Highly Recommended models in the Copier MFP category.

34

Agenda Item Memorandum
To: Honorable Mayor and Members of City Council
For the Meeting of October 8, 2024
From: Chris Constantin, City Manager
Prepared by: Marco Espinoza, Planning Manager
Subject: Denial of Resolution 2024-27 for LM 21-0001, DPRB 21-0002 and TRP 21-0004 for the Development of a 63,749 Square Foot Warehouse/Office Multi-tenant Building on a 2.58-acre Site Located at the Northwest Corner of Cataract Avenue and Allen Avenue (309 W. Allen Avenue, 917 N. Cataract Avenue, And 929 N.

Cataract Avenue) APN’s 8392-016-008, -048, and -047.
____________________________________________________________________________ At the regular City Council meeting of September 24, 2024, the City Council voted 5-0 to deny Ordinance 1313 denying Zone Change 21-0001. Due to the denial of the zone change the following applications could not move forward and in essence failed; Lot Merger 21-0001, Development Plan Review Board 21-0002 and Tree Review Permit 21-0004.

Staff has prepared the denial Resolution for the above referenced applications as Attachment 1.

Respectfully submitted,
Marco Espinoza
Planning Manager
Attachments:

1. Resolution 2024-27, Denial of LM 21-0001, DPRB 21-0002 and TRP 21-0004

ATTACHMENT 1
RESOLUTION 2024-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, DENYING LOT MERGER 21-0001,
DEVELOPMENT PLAN REVIEW BOARD CASE NUMBER 21-0002, AND TREE REMOVAL PERMIT NUMBER 21-0004 FOR THE DEVELOPMENT OF A 63,749

SQUARE-FOOT CONCRETE TILT-UP WAREHOUSE/OFFICE MULTI-TENANT BUILDING FOR THE PROPERTIES LOCATED AT 309 W. ALLEN AVENUE, 917 N. CATARACT AVENUE, AND 929 N. CATARACT AVENUE (APN’S: 8392-016- 008, -048, 047).

WHEREAS, an application was filed by:

Ignacio Crespo
OC Design & Engineering
7901 Crossway Drive
Pico Rivera, CA 90660
WHEREAS, the Applicant, Ignacio Crespo, submitted the following Project Applications Lot Merger 21-0001, DPRB 21-0002, and TRP 21-0004 to merge three (3) contiguous lots together for the development of a 63,749 square-foot concrete tilt-up warehouse/office multitenant building, and remove 17 mature trees in conjunction with the project; and WHEREAS, the Project applies to the following described real properties:
309 W. ALLEN AVENUE, APN 8392-016-008
917 N. CATARACT AVENUE, APN 8392-016-048
929 N. CATARACT AVENUE, APN 8392-016-047
WHEREAS, On March 23, 2023, the Development Plan Review Board, at a regularly held and noticed meeting, heard evidence and recommended approval of Development Plan Review Board 21-0002 and Tree Removal Permit 21-0004 to the Planning Commission; and WHEREAS, On May 4, 2023, the Planning Commission, at a regularly scheduled and noticed meeting, heard evidence and recommended approval to the City Council of Lot Merger 21-0001, Development Plan Review Board 21-0002 and Tree Removal Permit 21-0004; and WHEREAS, on May 14, 2024, the City Council held a public hearing, notice of said public hearing having been duly given as required by law to consider the Zone Change and to hear and consider evidence for and against the proposed Project and related actions and to investigate and make findings and recommendations in connection therewith, and voted 5-0 to continue the Project to the May 28, 2024 City Council meeting; and
WHEREAS, on May 28, 2024, the City Council held a public hearing, notice of said public hearing having been duly given as required by law to consider the Zone Change and to hear and consider evidence for and against the proposed Project and related actions and to investigate and make findings and recommendations in connection therewith, and voted 5-0 to continue the Project to a date uncertain; and

Resolution 2024-27 Denied Page 2
DPRB 21-002, Tree Removal Permit 21-0004 and Lot Merger 21-0001 October 8, 2024
WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on September 24, 2024 at the hour of 7:00 p.m. with all testimony received being made part of the public record; and
WHEREAS, the City Council has received the report and recommendation of such agencies as have submitted information including the written report and recommendation of Staff; and
WHEREAS, the application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") and an initial study was prepared to determine possible environmental impacts. On the basis of the initial study, which indicated that all potential environmental impacts from the Project were less than significant or could be mitigated to a level of insignificance, a Mitigated Negative Declaration was prepared pursuant to CEQA Guidelines; and
WHEREAS, a Draft Mitigated Negative Declaration 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 review on March 7, through March 27, 2023 and was also made available for review on the City’s website at www.sandimasca.gov. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning Division at 245 E. Bonita Avenue, San Dimas, California.

WHEREAS, the City Council has carefully and independently reviewed and considered all of the evidence presented with respect to the Project Applications and Zone Change 21-0001 and to hear and consider evidence for and against the proposed Project and related actions and to investigate and make findings and recommendations in connection therewith, and voted 5-0 to deny Zone Change 21-0001. Due to the denial of the zone change, the Project Applications could not move forward and in essence failed as the Project Applications would not be consistent with the existing zoning of Light Agriculture.

NOW, THEREFORE, in consideration of the evidence received at the hearing, and for the reasons discussed by the City Council at the hearing, the City Council now finds as follows:

Development Plan Review Findings
A. The development of the site in accordance with the development plan is suitable for the use or development intended.

With the denial of the associated Zone Change Application 21-0001, the proposed development of a 63,749 square foot multi-tenant warehouse, lot merger and tree removal request would not be in accordance with the current Light Agricultural (AL) zone as warehouse use is not an allowed or conditionally permitted use. Therefore, this finding cannot be made.

B. The total development is so arranged as to avoid traffic congestion, ensure the public health, safety and general welfare, prevent adverse effects on neighboring property.

The proposed warehouse development, which would have been the largest industrial building in the vicinity and included six truck bays, had the potential to create impacts related to traffic, noise, and safety. The use would have further intensified traffic along

Resolution 2024-27 Denied Page 3
DPRB 21-002, Tree Removal Permit 21-0004 and Lot Merger 21-0001 October 8, 2024
Allen Avenue and adjoining streets which are already heavily used by commuters and residents as the main access street to arrive at Shull Elementary School at the corner of W. Allen Ave and N. Amelia Ave and Vista School and Chaparral High School at the corner of W. Allena Avenue and N. San Dimas Avenue. In addition, freeway commuters tend to use Allen Avenue to bypass the 57/210 interchange, and the heavy truck traffic that would have been generated by the proposed use would exacerbate traffic conditions. In addition, the warehouse, which would have been located directly across the street from detached single-family residential lots and would be the tallest building and largest building in the vicinity, would create a negative visual effect due to its height of 41 feet, setback of only 25 feet from Allen Avenue and 20 feet from Cataract Avenue. Due to the intensification of the site and potential of impacts discussed above, the Zone Change could not be supported. Therefore, this finding cannot be made.

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

With the denial of the associated Zone Change Application 21-0001, the proposed development of a 63,749 square foot multi-tenant warehouse, lot merger and tree removal request would not be in accordance with the current Light Agricultural (AL) zone as warehouse use is not an allowed or conditionally permitted use. Therefore, this finding cannot be made.

Tree Removal Findings
D. With the denial of the associated Zone Change Application 21-0001, the proposed development of a 63,749 square foot multi-tenant warehouse, lot merger and tree removal request would not be in accordance with the current Light Agricultural (AL) zone as warehouse use is not an allowed or conditionally permitted use. Therefore, the Project Applications, which includes TRP 21-0004, cannot be approved and thus must be denied.

Resolution 2024-27 Denied Page 4
DPRB 21-002, Tree Removal Permit 21-0004 and Lot Merger 21-0001 October 8, 2024

NOW, THEREFORE, BE IT FURTHER RESOLVED, PURSUANT TO THE ABOVE FINDINGS, that the City Council denies Lot Merger 21-0001, Development Plan Review Board 21-0002 and Tree Removal Permit 21-0004.

DENIED this 24th day of September, 2024.
____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-27 was DENIED by the City Council of San Dimas at its regular meeting of September 24, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Debra Black, City Clerk

Code Enforcement Officer
Appreciation Week
W
HEREAS, the State of California has proclaimed the 2nd week of October as Code Compliance Officer Appreciation Week; and
W
HEREAS, Code Compliance Officers provide for the safety, health, and welfare of the City of San Dimas community through enforcement of local, state, and federal laws and ordinances dealing with various issues of building, zoning, housing, animal control, environmental, health, and life safety; and
W
HEREAS, Code Compliance Officers have challenging and demanding roles and often do not receive recognition for the job they do in improving the quality of life for residents and businesses of local communities; and W
HEREAS, the role of many Code Compliance Officers has expanded in recent years, with jurisdictions increasingly relying on the expertise and training of Code Compliance Officers in their communities; and
W
HEREAS, Code Compliance Officers are dedicated, highly qualified, and highly trained professionals who share the goals of preventing neighborhood deterioration, enhancing communities, ensuring safety, and preserving property values through knowledge, training, and application of housing, zoning, and nuisance laws; and
W
HEREAS, Code Compliance Officers often have a highly visible role in the City of San Dimas and regularly interact with the public and a variety of federal, state, county, and local officials in their capacity as Code Compliance Officers; and
W
HEREAS, the City of San Dimas wants to recognize and honor the Code Compliance Officers who serve our community and acknowledge their role in leading the way to improving the quality of life within our community.

W
HERAS, That the City Council calls upon City of San Dimas Residents to join in recognizing and expressing their appreciation for the dedication and service of the individuals who serve as our Code Compliance Officers.

N OW, THEREFORE, Mayor Emmett G. Badar, Mayor Pro Tem Eric Nakano, Councilmembers Rachel Bratakos, Ryan A. Vienna and Eric Weber, do hereby officially proclaim the 2nd week of October, and annually thereafter, be known as Code Compliance Officer Appreciation Week in the City of San Dimas.

I
N WITNESS THEREOF, I, Mayor Emmett Badar, have hereunto set my hand and caused the seal of the City of San Dimas to be affixed this 8th day of October, 2024.

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of October 8, 2024
From: Chris Constantin, City Manager
Prepared by: Michael O'Brien, Director of Administrative Services Subject: Approve Resolution 2024-74 Authorizing the Conversion of $4,000,000 in Restricted Proposition A Funds Which Are Time Limited to $3,400,000 in General Funding through a Foothill Transit Authority Conversion Program; Authorize the City Manager, or designee, to Execute the Appropriate Agreement to Implement the Conversion on a Form Acceptable to the City Attorney; and Appropriate $3,400,000 in the General Fund Account Number 001-395-001 for the Receipt of Funding from Foothill Transit Authority and Appropriate $4,000,000 of Proposition A Expenditures to Account 072-4120-020-001 for the Cost of the Exchange. Assign $3,400,000 of Available General Fund Balance for Downtown Specific Plans Projects on Public and Quasi-Public Land ____________________________________________________________________________

SUMMARY
The City Council will consider authorizing the conversion of excess Proposition A Funds in the amount of $4,000,000 for $3,400,000 of funds that may be used for more unrestricted uses, including the ability to improve connections to both bus and rail transit services. The conversion would ensure that funding due to expire in 2025 are able to be retained into the future and remain available to fund broader activities than very limited, restricted transit funding. Further, this item would appropriate the City budget to accept and allocate the funding for projects in the Downtown Specific Plan Area.

RECOMMENDATION
City staff recommends the City Council:

Approve Resolution 2024-74 Authorizing the Conversion of $4,000,000 in Restricted Proposition A Funds Which Are Time Limited to $3,400,000 in General Funding through a Foothill Transit Authority Conversion Program Page 2
For the Meeting of October 8, 2024
• Approve Resolution 2024-74 Authorizing the Conversion of $4,000,000 in Restricted Proposition A Funds Which Are Time Limited to $3,400,000 in General Funding through a Foothill Transit Authority Conversion Program.
• Authorizing the City Manager, or designee, to Execute the Appropriate Agreement to Implement the Conversion on a Form Acceptable to the City Attorney. • Approve appropriating the revenue of $3,400,000 to budget account 001-395-001 and an expenditure appropriation of $4,000,000 to budget account 072-4120-020-001 to record the use of Proposition A funds for conversion to general use. • Assign $3,400,000 of available General Fund Balance for Downtown Specific Plans Projects on Public and Quasi-Public Land

FISCAL IMPACT
The exchange in funds would decrease the special fund Proposition A balance by $4,000,000 simultaneously increasing the General Fund balance by $3,400,000. The typical exchange rate for Proposition A funds is $0.75 for each $1.00. However, due to the City’s commitment to using a portion of these funds for transportation-related enhancements, Foothill Transit has agreed to an improved rate of $0.85 for each $1.00. This favorable rate results in a net gain of $400,000 for the City for the normal conversion program, which provides additional value compared to other standard exchanges.

The funds received are recommended to be assigned for Downtown Specific Plans Projects on Public and Quasi-Public Land

BACKGROUND
Approved by voters in November 1980, Proposition (Prop) A is a half-cent sales tax dedicated to transportation funding. Under Prop A, the City receives a portion of the ½ cent sales tax levied in Los Angeles County to develop and improve local public transit, paratransit and related transportation infrastructure. Cities have three years to expend funding received for limited transportation uses or risk losing the funding.

Funding exchanges are allowed under the guidelines for this revenue source and provide benefits for both parties. The buyer gets discounted transportation dollars and a City receives funding with less restrictions than the stringent transportation funding. This approach is useful given the restricted nature of transportation funding and the three-year time limit to expend the funds.

Through a settlement agreement between the Metro Gold Line Foothill Extension Construction Authority (Metro Gold Line) and the City of San Dimas, Metro Gold Line executed an eminent domain action forcing the sale of the City property located near 206 S. San Dimas Ave., San Dimas, California 91773, otherwise known as the City’s Park and Ride for the appraised value of $4,449,000.

On April 27, 2023, Metro Gold Line Foothill Extension Construction Authority provided the City payment, and as the original purchase of the City property in 1994 was substantially Prop A funding, the City was required to return the portion of the proceeds back to the Prop A fund. The funding was then subject to the three-year time restriction as well as the limited eligible uses. In

Approve Resolution 2024-74 Authorizing the Conversion of $4,000,000 in Restricted Proposition A Funds Which Are Time Limited to $3,400,000 in General Funding through a Foothill Transit Authority Conversion Program Page 3
For the Meeting of October 8, 2024
total, the City currently maintains about $6.6 million in the Prop A fund that are restricted to limited transportation uses.

While the City is undertaking updates to its bus shelters, the City does not have large value transportation projects it can undertake in the time allotted which both are eligible expenditures and within the time allotted to utilize the substantial amount of funding. As such, City staff are requesting the City Council approve exchanging $4 million of the Prop A funding for $3.4 million in unrestricted funding to preserve its ability to utilize the funding. Additionally, as the funding comes from the sale of property in the Downtown Specific Plan area, staff are requesting the funding be set aside to support projects in the Downtown Specific Plan area.

DISCUSSION/ANALYSIS
Proposition A funds have much tighter restrictions in terms of use when compared to other metrorelated sales tax measures. Proposition A funds are for transportation uses but, unlike Proposition C, Measure R, or Measure M funds, Prop A funds cannot be used for road construction or maintenance. The exchange of Proposition A funds into General Fund dollars allows for greater flexibility, supporting a broader range of projects such as critical capital improvements, public safety, and city operations that are ineligible under Proposition A. The timing of this exchange is also critical to avoid potential lapsing of these restricted funds, which would otherwise be forfeited if not used within three years.

Proposition A funds have been utilized by the City to significantly subsidize dial a ride and Get About transportation services as well as maintaining bus shelters and park & ride lots. The annual revenue received has been adequate for the purposes of maintaining the current operations and the excess funds received from the sale of property is not necessary for the current operations nor is there a pending capital project that can utilize Proposition A funding that is necessary to be completed by the end of the 2025-26 fiscal year.

Under these conditions it makes the most sense to exchange the $4,000,000 at a rate of $0.85 for every $1 for a total of $3,400,000, rather than allowing the funds to lapse and potentially be returned to Metro.

The conversion of the funds from Prop A to General Fund dollars allows for greater flexibility for the use of the funds and takes away the time restrictions. On September 27, 2024, the Foothill Transit Authority approved allowing the City to receive a higher return in the exchange due to a nexus to high quality transit in the downtown specific plan area. Normally, cities have been receiving $0.75 for every $1 converted, such as West Covina did in 2023. However, which the funding agreement from Foothill Transit does not obligate the City to use the funding in a specific way, it recognizes the City’s goal of supporting transit through the Downtown Specific Plan by authorizing the higher exchange rate. Thus, the City will receive $400,000 more than is typical in these types of exchanges with other cities.

ALTERNATIVES
If the City Council decides against approving the exchange, staff will need to identify eligible projects within a tight timeframe or risk having to return the unspent funds to Metro. Given current project pipelines and the restrictions of Proposition A, there is a low likelihood of identifying and

Approve Resolution 2024-74 Authorizing the Conversion of $4,000,000 in Restricted Proposition A Funds Which Are Time Limited to $3,400,000 in General Funding through a Foothill Transit Authority Conversion Program Page 4
For the Meeting of October 8, 2024
implementing such projects before the expiration deadline, making this exchange the most financially advantageous option.

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. Resolution 2024-74

2. Draft Foothill Transit Authority Assignment Agreement

ATTACHMENT 1
RESOLUTION 2024-74

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

COUNTY OF LOS ANGELES, AUTHORIZING THE CITY MANAGER TO EXCHANGE $4,000,000 OF PROPOSITION A FUNDS FOR $3,400,000 OF GENERAL USE FUNDS

WITH THE FOOTHILL TRANSIT AUTHORITY
WHEREAS, the City of San Dimas has accumulated $4,000,000 in Proposition A funds, which have restricted uses limited to transportation-related purposes and cannot be used for road construction or maintenance; and
WHEREAS, the Proposition A funds were primarily obtained through a sale of property located near 206 S. San Dimas Ave., San Dimas, California 91773, with Los Angeles County Assessor’s Parcel Numbers 8390-021-900, 901, portions of 902, portions of 903, 904, 905, 906, 907, 908, 909, 910, 912, 913, 914, and 917, resulting in a net gain; and WHEREAS, due to restrictions on Proposition A funds and the limited applicability of these funds to current projects, it is in the City’s best interest to exchange $4,000,000 of Proposition A funds for $3,400,000 of unrestricted General Use funds at a favorable exchange rate of $0.85 on the dollar offered by the Foothill Transit Authority; and WHEREAS, the exchange will provide the City of San Dimas with unrestricted General Use funds that can be applied to a wider range of needs, including critical capital improvements, land acquisition for general purposes, and other city operations, which are currently ineligible for Proposition A funding; and
WHEREAS, if the Proposition A funds are not utilized within three years, they will be considered lapsed and must be returned to Metro, making it financially prudent to authorize this exchange; and
WHEREAS, the exchange is anticipated to result in a net gain of $400,000 compared to standard exchange rates of .75, adding value to the City’s financial resources.

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

SECTION 1. The City Council hereby authorizes the City Manager to execute an agreement with the Foothill Transit Authority to exchange $4,000,000 of Proposition A funds for $3,400,000 of unrestricted General Use funds.

SECTION 2. The City Manager, or designee, is authorized to take all actions necessary to complete this transaction in accordance with applicable laws and regulations, including but not limited to executing the appropriate agreements in a forms approved by the City Attorney.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and it shall become effective immediately upon its approval.

Resolution 2024-74 Page 2
Authorization of Fund Exchange City of San Dimas and Foothill Transit Authority October 8, 2024
PASSED, APPROVED AND ADOPTED this 8th day of October, 2024. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-74 was adopted by the City Council of San Dimas at its regular meeting of October 8, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Debra Black, City Clerk

ATTACHMENT 2
1 ASSIGNMENT AGREEMENT

BETWEEN THE CITY OF SAN DIMAS, CALIFORNIA

AND FOOTHILL TRANSIT FOR

PROPOSITION A LOCAL RETURN FUND EXCHANGE
THIS ASSIGNMENT AGREEMENT (“Agreement”) is entered into by and between the City of San Dimas, California and Foothill Transit. The effective date (“Effective Date”) of this Agreement shall be the last date that this Agreement is executed either by City of San Dimas or by Foothill Transit. This Agreement is entered into with respect to the following facts:

A. Foothill Transit provides community-oriented, environmentally friendly bus service throughout Southern California’s San Gabriel and Pomona Valleys, including express bus routes to Downtown Los Angeles.

B. The City of San Dimas has uncommitted Proposition A Local Return funds which could be made available to Foothill Transit to assist in providing the services discussed in Paragraph A of this Agreement. In exchange for the assignment by Foothill Transit of the amount for its general use funds (non-formula allocation funds) indicated in Section 1 below, the City of San Dimas is willing to assign uncommitted Proposition A Local Return funds to Foothill Transit for the purpose identified in Paragraph A.

Now, therefore, in consideration of the mutual benefits to be derived by the parties, it is mutually agreed as follows:

1. Exchange. The City of San Dimas agrees to assign a total of $4,000,000 of its Proposition A Local Return funding authority to Foothill Transit from the Fiscal Year 2024-2025 allocation. In return, Foothill Transit agrees to assign $3,400,000 of its general use funds (non-formula allocation funds) to the City of San Dimas.

2. Consideration. The City of San Dimas shall assign the agreed upon Proposition A Local Return funds to Foothill Transit in one lump-sum payment. Foothill Transit shall assign the agreed upon general use funds to the City of San Dimas in one lump-sum payment. Each payment shall be due within 30 days of the first date that both of the following have occurred: (a) execution of this Agreement, and (b) approval by Los Angeles County Metropolitan Transportation Authority (LACMTA) of Foothill Transit’s project description.

3. Term. This Agreement is effective on the Effective Date and for such time as is necessary for both parties to complete their mutual obligations under this Agreement.

4. Termination. Termination of this Agreement may be made by either party so long as both of the following are correct: (a) written notice of intent to terminate is given to the other party at least five (5) days prior to the termination and (b) the effective date of the termination is before the date LACMTA approves the Foothill Transit project description.

5. Notice. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows:

2 A. Chris Constantin
City Manager
City of San Dimas
245 East Bonita Avenue
San Dimas, CA 91773
B. Doran J. Barnes
Chief Executive Officer
Foothill Transit Administrative Office, 2nd Floor
100 South Vincent Avenue
West Covina, CA 91790
If notice is provided via personal service, it is deemed “given” on the date of personal service. If notice is provided via U.S. mail, then the notice is deemed “given” two days after the notice is properly addressed and placed in the U.S. mail.

6. Assurances.

A. Foothill Transit shall use the assigned Proposition A Local Return funds only for the purpose of providing the services discussed in Paragraph A of this Agreement, and within the time limits specified in LACMTA’s Proposition A Local Return Program Guidelines.

B. Concurrently with the execution of this Agreement, Foothill Transit shall provide LACMTA with the Standard Assurances and Understandings Regarding Receipt and Use of Proposition A funds specified in the Guidelines regarding the use of the assigned Proposition A Local Return funds.

7. This Agreement constitutes the entire understanding between the parties, with respect to the subject matter herein. This Agreement shall not be amended nor any provisions or breach hereof waived, except in a writing signed by both parties.

SIGNATURE PAGE FOLLOWS.

3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, by Foothill Transit on ______________, 2024, and by the City of San Dimas on October 8, 2024.

CITY OF SAN DIMAS FOOTHILL TRANSIT
BY: BY:

Chris Constantin, City Manager Doran J. Barnes, Chief Executive Officer BY:

Joyce Rooney, Director of Finance
ATTEST: ATTEST:

BY: BY:

Debra Black, City Clerk
APPROVED AS TO FORM:

Christina Lopez, Board Secretary
BY:

Jeff Malawy, City Attorney

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of October 8, 2024
From: Michael Huston, Assistant City Attorney
Subject: Consideration of Appointment of Brad McKinney as City Manager and Approval of City Manager Employment Agreement
_____________________________________________________________________________

BACKGROUND
The City’s current City Manager, Chris Constantin, recently announced his resignation from the City of San Dimas to be effective November 3, 2024. Accordingly, the City is in need of the services of a new City Manager beginning November 4, 2024.

The City’s current Assistant City Manager, Brad McKinney, has the executive and administrative qualifications and ability to assume the role of City Manager. Mr. McKinney has served for more than the past five years as Assistant City Manager, eight of those months as the Interim City Manager during the recent pandemic, for the City of San Dimas. Mr. McKinney has over 20 years of local government experience. Previously, he served as the Assistant City Manager for the City of Alhambra and City of Rosemead, and prior to that as Assistant to the City Manager for the neighboring City of Claremont. Mr. McKinney began his local government career in the City of Anaheim as a Management Analyst. Mr. McKinney earned a Master’s Degree and Bachelor’s Degree in Business Administration from Azusa Pacific University.

The City Council directed the City Attorney’s office to negotiate the terms of an employment agreement with Mr. McKinney. The proposed employment agreement is attached to this staff report as Attachment B.

SUMMARY
Approval of the attached resolution would appoint Brad McKinney as the City Manager effective November 4, 2024 and approve an employment agreement with Mr. McKinney.

Appointment of City Manager Page 2
For the Meeting of October 8, 2024

DISCUSSION
The City Council will now consider whether to appoint Brad McKinney as City Manager and approve the proposed employment agreement. If approved, Mr. McKinney’s first day as City Manager will be November 4, 2024.

Approval of the resolution included as Attachment A would appoint Mr. McKinney as City Manager and approve the City Manager Employment Agreement. The terms of the proposed employment agreement are summarized as follows:

1. Initial annual base salary of $289,267. Eligible for COLAs beginning in 2025.

3. Vehicle allowance of $600 per month, per City policy.

4. Sick leave accrual at 8 hours per month.

5. Vacation leave of 200 hours per year, with a cap of 400 hours.

6. Administrative leave of 96 hours per year, with a cap of 96 hours.

7. Deferred compensation matching as provided to all City full-time employees (currently $250 per month).

8. Technology allowance of $150 per month.

9. 12 months’ severance in the event of termination without cause.

10. Longevity incentive as provided in the City’s Pay Plan and Reimbursement Schedule.

11. Health, dental and retirement benefits as provided to City’s full-time employees.

California Government Code section 54953(c)(3) requires an oral report in an open meeting summarizing the proposed final action on salaries, salary schedules, or compensation paid in the form of fringe benefits of a City Manager. A summary of the compensation and benefits will be stated verbally on this agenda item prior to approval.

RECOMMENDATION
Staff recommends the City Council consider whether to:

1. Adopt Resolution 2024-75 Appointing Brad McKinney as City Manager and Approving the City Manager Employment Agreement
Respectfully submitted,
Michael Huston
Assistant City Attorney
Attachment A: Resolution 2024-75 Appointing Brad McKinney as City Manager and Approving City Manager Employment Agreement
Attachment B: City Manager Employment Agreement

01171.0004_City/1020135.1
RESOLUTION 2024-75

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

COUNTY OF LOS ANGELES, APPOINTING BRAD MCKINNEY AS CITY

MANAGER AND APPROVING A CITY MANAGER EMPLOYMENT AGREEMENT WHEREAS, it is the desire of the City Council of the City of San Dimas (hereinafter the "City Council") to employ an individual to serve in the position of city manager, which position is prescribed by state law and Chapter 2.24 of the City’s Municipal Code, and to retain his services as Executive Director of the Successor Agency to the Former San Dimas Redevelopment Agency, the San Dimas Public Financing Authority, and San Dimas Housing Authority Successor Agency, and such other agencies of the City to which he may be appointed from time-to-time; and
WHEREAS, based on Brad McKinney’s executive and administrative qualifications and ability, the City Council desires to employ Mr. McKinney to serve as the city manager for the City.

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

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

SECTION 2. Brad McKinney is appointed to be the City Manager of the City of San Dimas, with a start date of November 4, 2024. Mr. McKinney’s initial base salary as City Manager will be $289,267 annually.

SECTION 3. The Employment Agreement between the City and Mr. McKinney, attached as Exhibit B to the staff report for this October 8, 2024 City Council meeting agenda item, is hereby approved. The Mayor is authorized to execute the employment agreement on behalf of the City.

PASSED, APPROVED AND ADOPTED this 8
th day of October, 2024.
____________________________________
Emmett Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-75 was adopted by the City Council of San Dimas at a regular meeting on October 8, 2024 by the following vote:

Attachment A

Resolution 2024-75 Page 2
Appointing Brad McKinney As City Manager
01171.0004_City/1020135.1
AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Debra Black, City Clerk

1 CITY MANAGER EMPLOYMENT AGREEMENT

BETWEEN

CITY OF SAN DIMAS AND BRAD MCKINNEY
This CITY MANAGER EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into this 8
th day of October, 2024, by and between the CITY OF SAN DIMAS (“City”), and BRAD MCKINNEY, an individual (hereinafter referred as the “City Manager”).

R E C I T A L S
WHEREAS, it is the desire of the City Council of the City of San Dimas (hereinafter the "Council") to employ an individual to serve in the position of city manager, which position is prescribed by state law and Chapter 2.24 of the City’s Municipal Code, and to retain his services as Executive Director of the Successor Agency to the Former San Dimas Redevelopment Agency, the San Dimas Public Financing Authority, and San Dimas Housing Authority Successor Agency, and such other agencies of the City to which he may be appointed from timeto-time; and WHEREAS, California Government Code Section 34852 provides that an ordinance establishing a city manager form of government shall define the powers and duties of the city manager; and
WHEREAS, the powers and duties of the city manager of the City are set forth San Dimas Municipal Code Section 2.24.070; and
WHEREAS, San Dimas Municipal Code Section 2.24.030(A) provides that “[t]he city manager shall be chosen by the city council solely on the basis of his or her executive and administrative qualifications, with special reference to his actual experience in, or his or her knowledge of accepted practice in respect to the duties of his or her office as set forth in [Chapter

2.24];” and
WHEREAS, based on City Manager’s executive and administrative qualifications and ability, the Council desires to employ City Manager to serve as the city manager for the City; and WHEREAS, City Manager desires to accept employment as such from City and to perform and assume responsibility for the provision of city manager services to the City and its related agencies.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and City Manager hereby agree as follows:

A G R E E M E N T

1.0 EMPLOYMENT & DUTIES

1.1 Duties. City hereby employs City Manager to perform the functions and duties of Attachment B

2 the position of city manager, as specified in the job description attached as Exhibit “A,” the City’s Municipal Code and in the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the Council shall, from time to time, direct or assign. City Manager acknowledges that the assigned duties shall also include services to the Successor Agency to the Former San Dimas Redevelopment Agency, San Dimas Public Financing Authority and San Dimas Housing Authority.

1.2 Work Schedule. It is recognized that City Manager is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be reasonably available, and devote a great deal of time outside the normal office hours to the business of the City. City Manager acknowledges that proper performance of the duties of city manager will require City Manager to generally observe and/or be accessible during normal business hours, as set by the City and may be duly revised from time-to-time (currently 7:30 a.m. to 5:30 p.m., Monday through Thursday, and 7:30 a.m. to 4:30 p.m. on Friday), and will also often require the performance of necessary services outside of normal business hours, including emergencies as needed and special events. Notwithstanding the foregoing, the City will permit City Manager such reasonable “time off” as is customary for exempt employees of the City. City Manager’s compensation (whether salary or benefits or other allowances) is not based on hours worked, and City Manager shall not be entitled to any compensation for overtime.

1.3 Other Activities. City Manager shall focus his professional time, ability, and attention to City business during the term of this Agreement. City Manager shall not engage, without the express prior written consent of the Council, in any other business duties or pursuits whatsoever or, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with City, that might cause a conflict-of-interest with City, or that otherwise might interfere with the business or operation of City or the satisfactory performance of City Manager’s duties.

1.4 Employment Status. Upon appointment to the city manager position, City Manager shall serve at the will and pleasure of the Council and understands that he shall be an “at-will” employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this Agreement, including any so-called due process pre-disciplinary “Skelly” meeting. The City may terminate City Manager at any time in accordance with Section 3.4 below.

1.5 City Documents. All data, studies, reports and other documents prepared by City Manager while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to City Manager in connection with the performance of this Agreement shall be held confidential by City Manager to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by City Manager, without the prior written consent of the Council, for any purposes other than the performance of his duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required

3 by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.

1.6 Exclusion from Competitive Service. City Manager understands, acknowledges and agrees that he is exempt from the City’s personnel system pursuant to San Dimas Municipal Code §2.30.050(A).

1.7 FLSA Exempt Status. City Manager agrees that his position is that of an exempt employee for the purposes of the Fair Labor Standards Act.

2.0 COMPENSATION

2.1 Annual Compensation. City agrees to compensate City Manager for his services rendered hereunder at an annual base salary of Two Hundred Eighty Nine Thousand Two Hundred Sixty Seven Dollars ($289,267). Such salary shall be payable in installments at the same time as other employees of City are paid. City Manager shall pay his contribution to FICA.

2.2 Salary Review. City and City Manager may, at the Council’s discretion, agree to conduct a salary review at any time, including concurrently with the annual performance evaluation set forth in Section 5.2 hereinafter. Such salary review may include consideration of the salary and those benefits afforded City Manager in this Agreement.

2.3 Effectuating Salary Adjustment. City and City Manager agree that the affirmative vote of three (3) members of Council at a public meeting shall be required to effectuate an increase in the salary paid to City Manager paid pursuant to this Agreement, as well as amendment of this Agreement.

2.4 Cost of Living Adjustments. After January 1, 2025, City Manager shall be eligible for cost of living adjustments (“COLA”) approved by the City Council in and for 2025 and thereafter. The amount of the COLA provided to the City Manager shall be equal to the COLAs, if any, afforded to all City department head executive employees by resolution of the Council, and shall be effective the same date as such COLAs are provided to all City department head executive employees.

3.0 TERM

3.1 Commencement & Effective Date. City Manager shall commence his services at 12:01 a.m., Pacific daylight savings time, on November 4, 2024 which shall also be deemed the Effective Date of this Agreement.

3.2 Term. The term of this Agreement shall commence from and after the Effective Date. This Agreement shall remain in effect from the Effective Date until terminated pursuant to Section 3.3 or Section 3.4.

3.3 Termination By City Manager. City Manager may terminate this Agreement at any time, provided City Manager provides the Council with at least sixty (60) days’ advance

4 written notice prior to the effective date of termination, unless a shorter period is acceptable to Council. In the event City Manager terminates this Agreement, City Manager expressly agrees that he shall not be entitled to any severance pay.

3.4 Termination by City. The Council may terminate this Agreement at any time with or without cause, by providing written notice of the reason(s). The Council’s right to terminate City Manager pursuant to this Section 3.4 shall not be subject to or in any way limited by the City’s Personnel Rules or past City practices related to the employment, discipline or termination of the City’s employees. Nothing herein shall be construed to create a property interest, where one does not exist by rule of law, in the position of city manager. a. Termination by Council for Cause. The Council may terminate this Agreement for cause at any time by vote of three of the five City Councilmembers at a publicly agendized meeting in accordance with Government Code §§ 54950 et seq. (“Brown Act”), by providing City Manager five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. In such event, City shall, if desired by City Manager, afford City Manager a public name-clearing hearing before Council. Request for a name clearing hearing shall be made to the City Clerk within seven (7) days of City Manager’s receipt of notice of termination. For purposes of this Agreement, the term “cause” shall be defined to include, any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) willful or persistent material breach of or abandonment of duties; 2) pattern of repeated willful and intentional failure to carry out materially and legally constituted directions or policy decisions of the City Council; 3) material dishonesty related to willfully providing the Council false information; 4) unlawful discrimination or harassment in violation of federal or state law or City policy while acting in the course and scope of employment or while on City premises or time; 5) use or possession of illegal drugs in violation of state law and/or City policy; 6) conviction of a felony or a misdemeanor involving moral turpitude (i.e. offenses contrary to justice, honesty or morality); 7) engaging in conduct unbecoming for a public official tending to bring disrepute to the City; 8) any illegal or unethical act involving personal gain or deliberate financial mismanagement in the course and scope of employment; 9) theft or attempted theft; or 10) “abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the City may, in its discretion, place City Manager on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of City Manager hereunder, then the City shall have no obligation to pay severance.
b. Termination by Council Without Cause. By providing City Manager written notice thereof, the Council may terminate City Manager without cause but rather based upon management reasons, including but not limited to incompatibility of management styles.

However, in no event may City Manager be terminated within ninety (90) days before or after any municipal election for the selection or recall of one or more of the members of the City Council. In the event City Manager is terminated without cause, City Manager expressly agrees that he shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.

5 3.5 Waiver of Certain Discipline and Termination Rights. City Manager expressly waives any rights afforded under City’s personnel system or policies, and any rights afforded to City Manager under the San Dimas Municipal Code (including Section 2.24.060) or under State or Federal law, including Government Code §§ 54950 et seq. (“Brown Act”), to any form of preor post- discipline or termination hearing, appeal, or other administrative process pertaining to discipline or termination, except those rights City Manager may have under the California or United States constitutions to a name-clearing hearing. Such rights waived under this Section 3.5 include the right under the Brown Act (Government Code §54957(b)) to have complaints or charges against an employee heard in a public session upon the employee’s request.

4.0 SEVERANCE

4.1 Severance Pay and Benefits. If the Council terminates City Manager without cause and City Manager does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then City shall pay to City Manager severance in an amount equal to his monthly base salary (calculated by dividing the then-current annual base salary as defined in Section 2 above by 12) then in effect multiplied by twelve (12) less applicable deductions normally deducted during regular payroll payments and excluding deferred compensation or the value of any other benefits.

The City is currently a member of the CJPIA which makes available to City Manager six (6) months of compensation and COBRA benefits according to the terms and conditions of the CJPIA'S Special Liability Protection Program. The terms and conditions of the CJPIA's Special Liability Protection Program ("CJPIA Program") may vary from time to time. The terms and conditions of the CJPIA Program, if any, in effect at the time of termination of City Manager's employment will govern. If, at the time of City's termination of City Manager's employment, City is no longer a member of CJPIA, this paragraph shall not apply, and the benefit, if any, available to City Manager under the CJPIA Program shall be determined at the time of City's termination of City Manager, if at all.

Notwithstanding the foregoing, Government Code § 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than eighteen (18) months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code § 53260, then the amount paid to City Manager shall be reduced in the amount necessary to comply with such statute. (For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the twelve (12) months provided in this Section.)

4.2 No Severance Pay if Termination for Cause or Initiated By City Manager. As provided in Section 3.4(a), should City Manager be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3 should City Manager initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for above in Section 4.1 above.

4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of City Manager with respect to severance pay in the event of the

6 termination, other than for cause. City Manager expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”

5.0 PERFORMANCE EVALUATION

5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to City Manager so as to facilitate a more effective management of City. Nothing herein shall be deemed to alter or change the employment status of City Manager (as set forth in Section 1.4 above), nor shall this Section 5.0 be construed as requiring “cause” to terminate this Agreement, or the services of City Manager thereunder.

5.2 Annual Evaluation. Council shall review and evaluate the performance of City Manager annually on or about the one (1) year anniversary of City Manager’s start date. A performance evaluation shall be conducted by means of a either a third-party facilitated performance evaluation or by the Council directly. The selection of the third-party facilitator shall be in the sole discretion of the Council. It shall be the obligation of City Manager and the City Clerk to notify Council of the need to conduct the evaluation required by this Section.

5.3 Written Summary. Council and City Manager agree to jointly prepare a written summary of each performance evaluation of City Manager, and to include the same in his personnel file within two (2) weeks following conclusion of the review and evaluation process.

Council shall schedule at least one (1) closed personnel session with City Manager to deliver and discuss the evaluation.

6.0 EMPLOYMENT BENEFITS

6.1 Vehicle Allowance. City Manager shall be afforded a monthly vehicle allowance as set forth in the City’s then-current Pay Plan and Reimbursement Schedule Resolution, as it may be amended from time to time, in full compensation for the usage of City Manager's personal vehicle for City-related business. As of the Effective Date of this Agreement, the current version of the Pay Plan and Reimbursement Schedule provides for a Six Hundred Dollar ($600.00) per month vehicle allowance to the city manager.

6.2 Technology Allowance. City Manager shall receive a monthly allowance of $150 for personal technology expenses, including but not limited to personal cell phone and data expenses.

6.3 Medical, dental, and vision insurance. The City shall provide to City Manager medical, dental, and vision insurance at the same level as all full-time employees. The City Manager shall be eligible to receive the other Optional Benefit Plan contributions for retirement medical currently contributed in accordance with the City’s then-current Pay Plan and Reimbursement Schedule, as offered to all full-time employees.

6.4 Life and long-term disability insurance. The City shall provide to City Manager the same life insurance and long-term disability insurance benefits offered to all full-time employees.

7 6.5 CalPERS Retirement. City Manager is a “classic” member of CalPERS and shall continue to participate in the City’s 2% at 55 CalPERS formula. The City shall pay the full employer CalPERS contribution. The employee contribution, which is currently 7%, shall be paid by City Manager.

6.6 Deferred Compensation. City Manager shall be eligible to participate in the City’s Deferred Compensation Program provided to all full-time employees, subject to the terms and conditions in the City’s Personnel Rules and then-current Pay Plan and Reimbursement Schedule, as may be amended from time to time. As of the Effective Date of this Agreement, the City will match employee deferred compensation contributions dollar for dollar up to $250 per month, or as otherwise provided in the City’s then-current Pay Plan and Reimbursement Schedule.

6.7 Sick, Vacation, Administrative, Holiday and Bereavement Leave. Unless otherwise specified in this Section 6.7, City Manager shall receive sick, vacation, administrative and other leaves as provided to all City department head executive employees, subject to the terms and conditions in the City’s Personnel Rules as amended from time to time and as modified below by this section.
a. Sick Leave. City Manager shall accrue sick leave at the amount of 8 hours per month. Sick leave usage and accrual requirements shall be the same as provided to all City department head executive employees, subject to the terms and conditions in the City’s Personnel Rules as amended from time to time. b. Vacation Leave. City Manager shall accrue vacation leave at the rate of

7.69 hours biweekly (200 hours per year) with a maximum accrual balance of 400 hours. Vacation leave shall be taken for any period exceeding four (4) hours in a day and any vacation exceeding a full day will require notification to the City Council. The City Manager waives any annual cash payout for accrued vacation leave.
c. Administrative Leave. City Manager shall accrue 96 hours of administrative leave on January 1 of each calendar year in addition to other leaves granted herein, subject to the City’s Personnel Rules. Administrative leave accrual shall be capped at 96 hours.
d. Holiday Leave. City Manager shall be entitled to observe all legal holidays recognized by the City on the days that they are observed by the City. e. Bereavement Leave. If any member of City Manager’s immediate family dies, City Manager shall be entitled to a period of five (5) work days of paid bereavement leave with pay. Such leave shall be taken within seven (7) days after the death of the family member or within seven (7) days of the date of the funeral or memorial service for the deceased. Immediate family shall include a spouse, child, step-child, parent, step-parent, sibling, parent-in-law, grandparent, spouse’s grandparent or grandchild.

6.8 Workers Compensation. City agrees to provide workers’ compensation insurance

8 as provided to all City employees in accordance with all applicable provisions of State law.

6.9 Longevity Incentive. City Manager shall be eligible for the City’s Longevity Service Incentive as provided in the then-current “Pay Plan and Reimbursement Schedule” resolution, as may be amended from time to time.

6.10 Additional Benefits. Unless otherwise specified to the contrary in this Agreement, City Manager shall be entitled to such additional benefits as are afforded full time employees or as the same may be modified for all employees by resolution of Council from time to time or as specified within the City’s Personnel Rules. No other benefits shall accrue not provided under this Agreement, resolution of City Council, or City’s Personnel Rules.

7.0 PROFESSIONAL DEVELOPMENT

7.1 Membership. The City encourages City Manager’s continued professional development and shall provide payment of appropriate related costs for such activities, including membership in relevant professional organizations, as approved by the Council.

7.2 Out-of-Town Meetings & Seminars. The City agrees to reimburse City Manager the actual cost for registration, travel, lodging, meals, and other expenses incurred by City Manager while attending overnight, out-of-town meetings or seminars related to his employment with the City, in accordance with the City’s policies for expense reimbursement. Moreover, to be eligible City Manager must have budgeted funds available for the same; provided, however, that the Council may, in its sole discretion, approve such unbudgeted expenditures if it deems it in the best interests of the City.

7.3 Local Meetings & Seminars. The City agrees to reimburse City Manager the actual cost of registration, meals, and other expenses necessarily incurred while in attendance at local meetings or seminars related to his employment with City in accordance with the City’s policies for expense reimbursement.

8.0 INDEMNIFICATION, DEFENSE AND BONDS

8.1 Indemnification. For the purpose of indemnification and defense of legal actions, City Manager shall be considered an employee of the City and entitled to the same rights and subject to the same obligations as are provided for all other employees of the City as set forth in Sections 825 through 825.6 and Sections 995 throughout 996.6 of the California Government Code.

8.2 Bonds. The City shall bear the full cost of any fidelity or other bonds required of the City Manager by the Council or as required under any law or ordinance.

9.0 GENERAL PROVISIONS

9.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreement, either oral or in writing, between the parties with respect to the employment of City Manager by City and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement

9 acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement of promises not contained in this Agreement shall be valid or binding upon either party.

9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require approval by the affirmative vote of three (3) members of the Council.

9.3 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

9.4 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

9.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, in full force and effect as of the date of execution.

9.6 Mandatory Government Code Provisions. Government Code §§ 53243 - 53243.4 require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. "Abuse of office or position" defined.

10 To City:

City of San Dimas
Attn: Mayor
245 E. Bonita Ave., San Dimas,
CA 91773
[ADDRESS ON FILE WITH
HUMAN RESOURCES]
City Manager represents that City Manager has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to City Manager, including that City Manager agrees that any cash settlement or severance related to a termination that City Manager may receive from the City shall be fully reimbursed to the local agency if City Manager is convicted of a crime involving an abuse of City Manager’s office or position.

9.7 Independent Legal Advice. City and City Manager represent and warrant to each other that each has received, legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or has at least had the opportunity to do so, and City and City Manager further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it, or who drafted any portion thereof.

9.8 Conflicts Prohibited. During the term of this Agreement, City Manager shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict in any manner, with the proper discharge of his duties under this Agreement. City Manager shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules. Whenever any potential conflict arises or may appear to arise, the obligation shall be on City Manager to seek legal advice concerning whether such conflict exists and City Manager’s obligations arising therefrom.

9.9 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:

To City Manager:
w/copy to:

City Attorney
c/o Aleshire & Wynder, LLP
3701 Wilshire Blvd., Suite 725
Los Angeles, California, 90010
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. [SIGNATURES ON FOLLOWING PAGE]

11 IN WITNESS WHEREOF, the CITY OF SAN DIMAS has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and CITY MANAGER has signed and executed this Agreement, both in duplicate.

CITY OF SAN DIMAS
_____________________________
ATTEST: Emmett Badar, Mayor
__________________________________
Debra Black, City Clerk
APPROVED AS TO FORM:
__________________________________
Jeff Malawy, City Attorney

CITY MANAGER
______________________________
Brad McKinney, City Manager
Dated:_________________________
[END OF SIGNATURES]

City Manager Page 1
EXHIBIT “A”
City Manager

1.0 GENERAL PURPOSE
Under general direction of the City Council, directs, coordinates, and manages the overall administrative activities, programs and operations of the City; advises, initiates and oversees the implementation of City development goals in accordance with Council goals; oversees department heads as well as managers and staff assigned to the City Manager’s Office; and performs related duties as required.

1.1 DISTINGUISHING CHARACTERISTICS
This is the top managerial position within the City; this position reports directly to the City Council and oversees the work of departmental directors and the operations of the entire City. The scope of responsibility, decision-making authority, and scope of supervision exercised is larger than any other City position.

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

1. Directs, guides and participates in the development and implementation of City- wide goals, objectives, policies and procedures.

2. Plans, oversees and approves the preparation and administration of the City budget with the assistance of departmental directors.

Department/Division: City Manager's Office
Reports To: City Council
Provides Direction To: Department directors; City Clerk, Housing Programs Manager, and
administrative support staff

EXHIBIT A

3. Selects, trains, supervises and evaluates the work of department directors and approves application of Personnel Rules and disciplinary standards.

4. Serves as Director of the Successor Agency to the Former San Dimas Redevelopment Agency.

5. Prepares long-term plans for capital improvements and debt financing.

6. Confers with department heads concerning administrative and operational problems and originates solutions that meet City and departmental needs.

7. Prepares and submits to the City Council reports of City finances and administrative activities.

8. Advises City Council as to the success and status of enforcement of various programs and requirements; conceptualizes future needs of the City.

9. Oversees the enforcement of all City ordinances and the plans and requirements of the City Council.

10. Interprets, analyzes and explains policies, procedures, and programs to the City Council, staff and the public, including major complaints.

11. Confers with residents, taxpayers, businesses and other individuals, groups and outside agencies having an interest or potential interest in the affairs of the City; represents the City in the community and at professional meetings asrequired.

12. Coordinates City activities with other governmental agencies and outside organizations.

1.3 QUALIFICATIONS GUIDELINES
Knowledge of:

Municipal administrative methods and procedures, organizations and functions; current social, political, and economic trends and operations programs of municipal government; applicable Federal and State laws, rules and regulations regarding local government operations; principles of effective public relations and interrelationships with community groups and agencies, private businesses and firms, and other levels of government; principles of management, finance and supervision.

1.4 Ability to:

Serve effectively as the administrative agent of the City Council and to properly represent the City; provide effective leadership and coordinate the activities of a municipal organization; analyze, interpret, summarize, and present administrative and technical information and data in an effective manner; exercise effective leadership and judgement in policy, personnel and budgetary matters and adopt an effective course of action; establish

01171.0004/1019502.8 EXHIBIT A
and maintain effective relationships with City Council, department directors, officials, public and private representatives, vendors, contractors, consultants, and the general public.

1.5 Education/Training/Experience:

Any combination equivalent to experience and education that could likely provide the desired knowledge and abilities. A typical way to obtain the knowledge and abilities would be:

Experience: Ten years of progressively responsible experience in an administrative, managerial, or staff capacity in a medium size municipal organization, involving the responsibility for the planning, organization, implementation and supervision of varied work programs, and preferably involving local government managementexperience.

Education: Equivalent to a Master’s degree from an accredited college or university with major course work in public or business administration or a closely related field.

1.6 Licenses; Certificates; Special Requirements:

A valid Class C or Class 3 California State driver’s license issued from the California Department of Motor Vehicles is required in order to attend various business meetings and conferences.

1.7 Physical And Mental Demands
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class.

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

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

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

EXHIBIT A

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

The position works under typical office conditions and the noise level is frequently quiet.

EXHIBIT B
EXHIBIT “B”

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “AGREEMENT”) is entered into by and between the City of San Dimas, a general law city and municipal corporation (hereinafter referred to as “THE CITY”), and Brad McKinney, an individual (hereinafter referred to as “EMPLOYEE”).

2. RECITALS

2.1 EMPLOYEE was hired by THE CITY as an at-will City Manager effective _________________ serving at the pleasure of the City Council of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit “A” (“THE CONTRACT”).

2.2 THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’s voluntary separation as of ______, ____. This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE’s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.

2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE’s post-employment rights, including but not limited to, EMPLOYEE’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

3. CONSIDERATION

3.1 EMPLOYEE shall receive payment to him at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by federal, state or municipal law or THE CONTRACT or any other agreement with THE CITY, with the exception of any severance payments.

3.2 In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of ___________________________ and __ cents ($______.00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’s home address via certified mail return receipt requested within thirty (30)

EXHIBIT B
business days after the EFFECTIVE DATE (as defined below) of this AGREEMENT. The lump sum shall be subject to applicable federal and state withholdings as determined appropriate by THE CITY.

3.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE’s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them (hereinafter referred to as “THE CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including _______ __, ____ (hereinafter referred to collectively as “CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§12900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation. Nothing herein shall be interpreted as a release or waiver of any workers’ compensation claims or in any way prohibit or prevent EMPLOYEE from participating in any claims or administrative action brought by a state or federal agency. This AGREEMENT, however, does operate to prevent EMPLOYEE from seeking or recovering monetary damages or other individual-specific relief in connection with any such claims or administrative action brought by a state or federal agency. Furthermore, nothing herein shall be interpreted as a release or waiver of THE CITY’s statutory obligations relative to providing defense and indemnification of public employees, if any, including but not limited to Government Code Sections 825-825.6 and Sections 995-996.6.

4. Specific Acknowledgment of Waiver of Claims under ADEA and OWBPA The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate

EXHIBIT B
with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626 et seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that he knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
(a) This waiver/release is written in a manner understood by EMPLOYEE; (b) EMPLOYEE is aware of, and/or has been advised of, his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims he currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that he should consult with an attorney prior to executing this AGREEMENT;
(f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, his counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following his execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE’s execution (“EFFECTIVE DATE”).

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:

EXHIBIT B
“General Release--Claims Extinguished”
“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 and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
EMPLOYEE hereby waives the protection of California Civil Code section 1542.

6. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:

7.1 Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.

7.2 No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

7.3 Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.

7.4 Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to

EXHIBIT B
perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5 Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7.6 Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is responsible, if any, as a result of his receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.

7.7 Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT.

7.8 Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of his employment with THE CITY.

7.9 No Pending Claims and/or Actions: EMPLOYEE represents that he has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that he will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, he will request such agency or court to withdraw from the matter forthwith. Nothing herein shall be interpreted as a release or waiver of any workers’ compensation claims or in any way prohibit or prevent EMPLOYEE from participating in any claims or administrative action brought by a state or federal agency.

7.10 Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

EXHIBIT B

7.11 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.

8. MISCELLANEOUS

8.1 No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2 Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

8.3 Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.

8.4 Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5 Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.

8.6 Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

8.7 Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.

8.8 Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

EXHIBIT B

8.9 Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party’s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

As to EMPLOYEE:

At EMPLOYEE’s home address on file with THE CITY.

As to THE CITY:

City of San Dimas
Attention: City Clerk
245 E. Bonita Ave.,
San Dimas, CA 91773
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.

DATED: ________________ EMPLOYEE
By: ________________________________
Brad McKinney

THE CITY
DATED: __________________ By: ________________________________ Mayor
ATTEST:
__________________________
City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By: ________________________
__________, City Attorney

EXHIBIT B
[EMPLOYEE’s LAW FIRM]
By: ________________________
[Counsel]

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of October 8, 2024
From: Chris Constantin, City Manager
Prepared by: Luis Torrico, Director of Community Development Subject: Discussion and Consideration of Ordinance 1316 to Approve Municipal Code Text Amendment 24-03, A request to Amend Title 18 of the San Dimas Municipal Code to Create Standards for Outdoor Dining and Seating Areas along with Associated Clean Up Items as Required.
____________________________________________________________________________

SUMMARY
Currently, the San Dimas Municipal Code does not provide regulations regarding commercial outdoor dining areas; however, an outdoor dining policy was created and adopted by the City Council as merchants and community members expressed a desire to have outdoor dining in various commercial zones. In addition, a membrane structure policy was created to regulate what type of structures and materials are appropriate for use in residential and commercial zones, including outdoor dining areas.

At the August 9, 2022, City Council meeting, Staff presented the City’s outdoor dining and membrane structure policy to the Council and requested direction regarding the outdoor dining requirements for restaurants in the City and the temporary outdoor dining structures. After discussing the item, the Council directed Staff to bring back proposed standards for outdoor dining for consideration.

At the August 22, 2023, City Council meeting, Staff presented proposed standards that could be applied to permanent outdoor dining areas. After discussing the item, the Council directed Staff to bring back an ordinance incorporating the standards discussed at the meeting, allowing existing parking spaces to be converted into permanent outdoor dining, explore communal outdoor dining, and also directed Staff to give restaurants notice to remove temporary outdoor dining structures installed in response to the COVID-19 pandemic.

On June 20, 2024, the Planning Commission considered the proposed ordinance and voted 5-0 to recommend approval of Municipal Code Text Amendment 24-03 to the City Council.

MCTA 24-03 – Outdoor Dining Page 2
For the Meeting of October 8, 2024

RECOMMENDATION
Staff and Planning Commission recommend the City Council:
• Conduct a Public Hearing to receive public input.
• Introduce Ordinance 1316 approving Municipal Code Text Amendment 24-03, a request to amend Title 18 of the San Dimas Municipal Code to create standards for outdoor dining and seating areas along with associated clean up items as required.

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

BACKGROUND
Currently, the San Dimas Municipal Code does not include standards for outdoor dining areas. In response to a request from merchants and community members to provide outdoor dining areas in commercial zones, the City created an Outdoor Dining in Commercial Zones policy (See Attachment 2 - Outdoor Dining in Commercial Zones Policy). The Outdoor Dining policy includes:

1. No additional parking required for establishments that comply with the City’s Parking Standards and provides outdoor seating for 12 people or less.

2. Standards that regulate pedestrian access, maintenance, and procedures for occupying within the public rights-of-way.

3. Applications submitted for outdoor dining are subject to review and approval by the Director of Community Development and if necessary, the City Engineer.

In addition to the Outdoor Dining policy, the City created a Membrane Structure policy (See Attachment 3 - Membrane Structure Policy) to regulate temporary membrane structures in residential and commercial zones, which also apply to outdoor dining areas. The original adopted policy did not allow membrane structures in business/commercial zones unless approved for a special event with a Temporary Use Permit. In addition, permanent structures were preferred for use in conjunction with outdoor dining areas; however, the policy did not reflect this.

In 2008, the San Dimas Wine Shop, located in the Town Core, installed a cabana membrane structure over their outdoor patio area without approval. Subsequently, the business owner submitted an application to the Development Plan Review Board (DRPB) to allow the cabana membrane structure to be used from November 2008 to May 2009. As it did not comply with the adopted policy, the DPRB denied the request. The business owner appealed the DPRB’s decision to the City Council, and after discussing the item the City Council denied the appeal and upheld the DPRB’s decision due to their request not complying with the City’s membrane structure policy.

Additionally, at the same meeting the City Council directed Staff to work with the Planning Commission to review and update the membrane structure policy as required. In 2009, the policy was updated and approved by the Planning Commission and the City Council. The revisions to the membrane structure policy included:

1. Standards for non-residential zones, consisting of requiring permanent shade or shelter structures, such as patio trellis or awnings within commercial zones.

MCTA 24-03 – Outdoor Dining Page 3
For the Meeting of October 8, 2024

2. Required that the material and design be compatible with the primary building and consistent with historic architecture on any structure listed on the City’s historic resources survey.

3. Membrane structures require approval by the DPRB.

There are a number of existing businesses within the City that provide outdoor dining areas in compliance with the City’s Outdoor Dining in Commercial Zones and Membrane Structure policies. Some of these businesses include Roady’s, Railside Café, Panera Bread, Café Rio and The Habit Burger Grill.

In 2020, in response to the COVID-19 pandemic and to meet County Health Orders, the City permitted the use of temporary outdoor dining areas and structures to allow restaurants and other businesses to continue operations during the pandemic. A variety of temporary outdoor dining areas and structures/canopies have been allowed through this process within pedestrian walkways and parking areas. Since these temporary structures were not meant to be permanent and were allowed in response to an emergency order, compliance with the City’s Outdoor Dining in Commercial Zones and Membrane Structure policies, parking requirements, Building Code and disabled access were not required to be met.

As previously mentioned, these temporary outdoor dining areas and structures do not meet various City or Building Code requirements, such as disabled access. Therefore, if a business owner wanted to convert the temporary outdoor dining area or structure to be permanent, these areas or structures would be required to meet all existing City and Building codes and policies.

On August 9, 2022, Staff presented the City’s outdoor dining and membrane structure policy to the Council and requested direction regarding the outdoor dining requirements for restaurants in the City and the temporary outdoor dining structures. After discussing the item, the City Council directed Staff to bring back proposed standards for outdoor dining for consideration.

At the August 22, 2023, City Council meeting, Staff presented proposed standards that could be applied to permanent outdoor dining areas. After discussing the item, the Council directed Staff to bring back an ordinance incorporating the standards discussed at the meeting, allowing existing parking spaces to be converted into permanent outdoor dining, explore communal outdoor dining areas, and also directed Staff to give restaurants a 90-day notice to remove temporary outdoor dining structures (Attachment 5). Subsequent to the notice being sent out, the Council reconsidered the 90-day notice and on October 10, 2023, the Council voted to extend the timeframe to remove the temporary structures by June 30, 2024. As Staff worked through the adoption of the ordinance, on July 9, 2024, the City Council voted to extend the timeframe to remove the temporary outdoor dining structures to September 30, 2024, or when the outdoor dining ordinance goes into effect, whichever comes first.

On June 20, 2024, the Planning Commission considered the proposed ordinance (Attachment 4). After discussing the proposed standards, the Commission voted 5-0 to recommend approval of MCTA 24-03 to the City Council with the following recommended changes:
• Clarify that outdoor dining is allowed on the side of the building/restaurant, where applicable and on stand-alone building pads.
• Clarify that surplus parking may be used when parking is required. • Require that shade structures be permanently installed.

MCTA 24-03 – Outdoor Dining Page 4
For the Meeting of October 8, 2024
• Add distance requirements for restaurants using shared dining areas.

Add language that allows the Director of Community Development to require parking if impacts arise from outdoor dining.

The recommended changes have been included in the proposed ordinance for consideration by the City Council.

DISCUSSION/ANALYSIS
The proposed ordinance creates standards for outdoor dining and seating areas located on public property, such as sidewalks, and on private property, and will also apply to previously approved permanent outdoor dining areas that are looking to expand. The ordinance will create permitting and review process, development standards, operational standards, and post permit approval procedures for outdoor dining and seating areas.

The ordinance will apply to any new outdoor dining and seating area located on public property such as sidewalks, and on private property. Outdoor dining and seating areas located on private property may consist of areas located directly in front or the side of the establishment, conversion of existing parking spaces or a communal outdoor dining and seating area for two (2) or more establishments. With the exception of parking standards, outdoor dining areas located at the rear of an establishment will not be subject to this ordinance. Those requests will be reviewed like any other addition to an existing establishment; however, parking requirements as proposed by this amendment, and discussed later in this report, will be applicable.

The ordinance proposes development standards for outdoor dining located within a public sidewalk or in front of an establishment on private property, for areas created from converted existing parking spaces, and for communal outdoor dining areas. Standards related to maintaining accessible sidewalk or pedestrian path, fencing/barrier standards, standards for umbrellas, awnings and similar covers, and furniture and equipment standards will be applicable to all outdoor dining and seating areas proposed by this ordinance. Development standards for converted existing parking spaces and communal outdoor dining areas will include, but not be limited to, the maximum number of parking spaces that can be converted without providing additional parking, the maximum size of the communal space without providing additional parking, which spaces can be converted, and require that the dining area floor be comprised of decking or other raised foundation that is ADA compliant.

Operational standards, which will be applicable to all types of outdoor dining and seating areas proposed by this ordinance, will include compliance with the Health Department, Alcohol Beverage Control and all other applicable regulations such as noise, hours of operation, cleaning and maintenance of the outdoor dining and seating area and associated furniture.

The proposed amendments will also require parking standards for the proposed outdoor dining and seating areas. These types of establishments are intended to provide additional opportunities for diners and enhance the pedestrian ambiance. Therefore, the proposed amendments to Chapter 18.156 Vehicle Parking and Storage will provide flexibility and some relief from parking requirements to encourage outdoor dining and seating areas. The proposed parking requirements will consist of the following:

Outdoor dining and seating area located on the public sidewalk or on private property, either in the front or at the rear of the establishment:

MCTA 24-03 – Outdoor Dining Page 5
For the Meeting of October 8, 2024
• No additional parking shall be required if located within the boundaries of the Downtown Specific Plan (DTSP).
• Located outside of the DTSP; No parking for seating for up to 20 persons. If more than 20 seats are provided, one (1) parking space for every six (6) seats above 20 seats.

Conversion of existing parking spaces into outdoor dining and seating areas • No additional parking required for the conversion of up to five (5) parking spaces, unless there are existing circulation and parking impacts at the site, at which a parking study will be required which will be used to determine the number of parking spaces that may be converted.
• Conversion of six (6) or more parking spaces will require replacement parking at a rate of one (1) parking spaces for every two (2) converted spaces above the first five (5) converted spaces.

Communal outdoor dining and seating area
• No additional parking required if proposed area does not exceed 50 percent of the establishments’ combined dining floor area, including any bar area, unless there are existing circulation and parking impacts at the site, at which a parking study will be required which will be used to determine the number of required parking spaces. • Areas that exceed 50 percent of the establishments’ combined dining floor area, including any bar area, will require replacement parking at a rate of one (1) parking space for every two (2) converted spaces or one (1) parking space for every six (6) seats above 20 seats, whichever is greater. These parking requirements will be applicable only to the area exceeding 50 percent of the establishments’ combined dining floor area, including any bar area.

The proposed ordinance will allow restaurants, cafes, and other food service establishments to provide outdoor dining and seating areas for their customers. The proposed ordinance will replace the City’s existing Outdoor Dining in Commercial Zones policy and portions of the Membrane Structure policy that apply to outdoor dining and will implement the direction provided by the City Council. Restaurants that still have their temporary outdoor dining structures erected as part of the City’s temporary COVID-19 response, were required to remove their structures by September 30, 2024. As of the publishing of this report, three (3) restaurants still had their structures up. The City’s Code Compliance division will work with these restaurants to remove the structures, but the proposed amendments will provide an opportunity for permanent outdoor dining and seating areas to be installed.

ALTERNATIVES
There are no alternatives proposed for this request; however, the City Council could propose changes to the proposed ordinance or not recommend approval.

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.

MCTA 24-03 – Outdoor Dining Page 6
For the Meeting of October 8, 2024
Respectfully submitted,
Luis Torrico
Director of Community Development
Attachments:

1. Ordinance 1316

2. Outdoor Dining in Commercial Zones Policy

3. Membrane Structure Policy

4. June 20, 2024, Planning Commission Staff Report, PC Resolution 1678 & Minutes

5. August 2, 2023, City Council Staff Report & Minutes

ATTACHMENT 1
ORDINANCE 1316

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

COUNTY OF LOS ANGELES, CALIFORNIA, APPROVING MUNICIPAL
CODE TEXT AMENDMENT 24-03, AN AMENDMENT TO TITLE 18 OF

THE SAN DIMAS MUNICIPAL CODE TO CREATE STANDARDS FOR

OUTDOOR DINING AND SEATING AREAS ALONG WITH
ASSOCIATED CLEAN UP ITEMS AS REQUIRED.

WHEREAS, an Amendment to the San Dimas Municipal Code has been duly initiated by the City of San Dimas; and
WHEREAS, the Amendment is described as an amendment to Chapter 18 of the San Dimas Municipal Code to create standards for outdoor dining and seating areas along with associated clean up items as required; and
WHEREAS, the Amendment would affect certain parcels of the City within nonresidential zones, including mixed-use zones; and
WHEREAS, on June 20, 2024 the Planning Commission heard evidence and voted 5-0 to recommend approval of Municipal Code Text Amendment 24-03 to the City Council; and
WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on October 8, 2024 at the hour of 7:00 p.m., with all testimony received being made a part of the public record; and
WHEREAS, all requirements of the California Environmental Quality Act have been met for the consideration of whether the project will have a significant effect on the environment. It has been determined that his action is not a project under CEQA, as there will be no direct physical or reasonably foreseeable indirect physical change to the environment.

NOW, THEREFORE, in consideration of the evidence received at the hearing, and for the reasons discussed by the Commissioners at the hearing, the Planning Commission now finds as follows:

A. The proposed Municipal Code Text Amendment will not adversely affect adjoining property as to value, precedent or be detrimental to the area.

The proposed amendment will create standards for outdoor dining and seating areas throughout the City. The amendments include codifying an existing outdoor dining policy and creating new standards that will be applicable to new outdoor dining and seating areas, and existing ones looking to expand.

Outdoor dining provides additional opportunities for diners and enhance the pedestrian ambiance when provided on public right-of-way and adjacent to establishments located on private property. Standards have been included in the proposed ordinance that will mitigate impacts to adjacent properties and surrounding neighborhoods.

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Municipal Code Text Amendment 24-03
B. The proposed Municipal Code Text Amendment will further the public health, safety and general welfare.

The proposed Municipal Code Text Amendment will further the general welfare of San Dimas by creating standards that will regulate outdoor dining and seating areas and also protect adjacent businesses and properties, and surrounding neighborhoods. The ordinance is intended to allow outdoor dining and seating areas which provide additional dining opportunities for diners and the general public, and will also include standards and operational requirements that, when done correctly, will protect the public health, safety and general welfare.

C. The proposed Municipal Code Text Amendment is consistent with the General Plan and applicable Zoning.

The proposed amendment will be consistent with the General Plan and applicable Zoning in the sense that it will further enhance uses currently allowed within nonresidential zones, including mixed-use zones. The addition of standards to regulate and facilitate outdoor dining and seating areas will be incidental to restaurants, cafes and other food service establishments currently allowed in the underlying zone. The amendment will also further the General Plan goals by encouraging ground floor uses that will enhance the pedestrian experience.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN DIMAS DOES ORDAIN AS FOLLOWS:

SECTION 1. ADOPTION. Municipal Code Text Amendment 24-03 amending Chapter 18 of the San Dimas Municipal Code to create standards for outdoor dining and seating areas along with associated clean up items as required as set forth in Exhibit A, attached hereto and incorporated herein, is hereby adopted.

SECTION 2. 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 jurisdication, 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 3. CEQA DETERMINATION. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 1506 (b)(3) of the CEQA Guidelines.

SECTION 4. 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

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Municipal Code Text Amendment 24-03
Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within 15 days after passage and adoption as may be required by law in a newspaper of general circulation in the City of San Dimas hereby designated for that purpose; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within 15 days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 22nd day of October, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1316 was introduced at a regular meeting of said City Council held on the 8th day of October, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 22nd day of October, 2024. ___________________________
Debra Black, City Clerk

Ordinance 1316 Page 4
Municipal Code Text Amendment 24-03
Exhibit A
Chapter 18.142

DEVELOPMENT STANDARDS FOR SPECIFIC LAND USES
Sections:

18.142.010 Purpose

18.142.020 Employee housing

18.142.030 Low-barrier navigation centers

18.142.040 Single-room occupancy

18.142.050 Transitional and supportive housing

18.142.060 Home care facilities

18.142.080 Outdoor dining and seating areas

18.142.080 Outdoor dining and seating areas
The purpose of this section is to regulate and permit outdoor dining and seating areas on public and private property in nonresidential zones, including mixed-use zones.

The standards for outdoor dining and seating areas are intended to provide additional opportunities for diners and enhance the pedestrian ambiance when provided on public right-of-way, while not impacting adjacent properties or surrounding neighborhoods.

Outdoor dining and seating areas must be incidental to a permitted restaurant, café or other food service business as determined by the Director of Community Development or designee.

A. Applicability. The provisions of this Section shall apply to (1) all new outdoor dining and seating areas on public rights-of-way, such as sidewalks, or on private property, and (2) all existing outdoor dining and seating areas that are expanded. For purposes of this Section, existing outdoor dining and seating areas mean those that were approved by the Planning Division, except those approved pursuant to the City’s temporary COVID-19 policy, which do not qualify as existing.

Notwithstanding the foregoing, this Section shall not apply to outdoor dining and seating areas which are located at the rear of an establishment within the establishment’s leasable area.

B. Permitting & review process.

1. Outdoor dining and seating areas on public property are subject to the following, along with any applicable fees and documents required by the application to be submitted.
a. Encroachment Permit. No person shall establish any
outdoor dining and seating area within a public rightof-way, without approval and issuance of an encroachment permit from the Director of Public
Works or designee.
b. Planning Review. Outdoor dining shall not be
established within a public right-of-way until an
application has been reviewed and approved by the

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Municipal Code Text Amendment 24-03
Director of Community Development or designee.

Adjoining business establishments will be notified if
the application is approved.
c. Outside Agency Review. Outdoor dining and seating
areas which include permanent improvements may be
subject to review and approval by outside agencies
such as utility companies. The applicant seeking
approval of the outdoor dining and seating area shall
be responsible for submitting application and fees to
such outside agencies.

2. Outdoor dining and seating areas on any private property are subject to the following, along with any applicable fees and documents required by the application to be submitted.
a. Planning Review. Outdoor dining shall not be
established on any private property until an application has been reviewed and approved by the Director of
Community Development or designee. Adjoining
business establishments will be notified if the
application is approved.

3. Plans required. All applications for an outdoor dining and seating area, on private or public property, shall include plans satisfactory to the Director of Community Development and for the public right-of-way, the Director of Public Works. The site plan shall include, but not be limited to, the dimensions of the outdoor dining and seating area and relation to existing infrastructure, all improvements, number of tables and seats, fencing/barriers, heating equipment, lighting, and any utilities.

4. All applications shall include authorization from the property owner or property owner’s authorized agent.

C. Development standards

1. The following standards shall apply to all outdoor dining and seating areas located on any public or private property:
a. The outdoor dining and seating area shall at all times maintain a minimum clearance of five feet for use of the sidewalk or pedestrian path by the general public.
b. The outdoor dining and seating area shall not obstruct any entries, exits, permitted signs, mailboxes, utilities, public seating, public safety measures, or extend into
the safe line-of-sight distances at intersections, as
determined by the City Engineer.
c. Outdoor dining shall not inhibit vehicular or pedestrian circulation.
d. The width of the outdoor dining and seating area shall not exceed the width of the frontage of the
establishment. Units with multiple frontages, including stand-alone building pads may utilize two of their

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Municipal Code Text Amendment 24-03
frontages for outdoor dining and seating areas, and shall be limited to the width of each of the frontages.
e. The pedestrian path shall be measured from the dining area boundary to the back of curb and other obstructions (e.g. planters, utility boxes).
f. No tables, chairs, umbrellas, shade structures, or other fixtures shall be permitted within the pedestrian path. g. Fencing/Barriers. City may require fencing or similar treatment to delineate the space and provide a safety
barrier for patrons. If fencing or similar treatment is requested by the applicant, it shall comply with the
following:
i. Design may consist of planters, metal, wood,
glass fencing or other material deemed
appropriate by the Director of Community
Development. Glass improvements are not
permitted in the public right-of-way.
ii. Shall not exceed 36-inches in height. Glass or
fully transparent enclosures of up to six feet may
be permitted by the Director of Community
Development. Glass improvements are not
permitted in the public right-of-way.
iii. If planters are installed, the planter itself shall not exceed 36-inches, and the vegetation (live or
artificial) height shall not exceed 6 feet measured
from the lowest adjacent finish grade.
iv. For restaurants serving alcohol, the barrier shall
comply with the Alcoholic Beverage Control
requirements.
h. Outdoor dining shall be separated from parking facilities by pedestrian walkways, landscaping, decorative
fences, or other means approved by the Director of
Community Development.
i. Awnings, covers, furniture, umbrellas, shade structures, or other physical elements shall be compatible with the character of the main structure and regularly maintained in good working order. Faded and ripped fabric and
materials shall be replaced.
j. Awnings, umbrellas, and similar covers must allow
vertical clearance of seven feet above sidewalk level,
and shall provide coverage of the dining area only and
maintain a two foot horizontal clearance from pedestrian walkways.
k. Umbrellas shall be free of any commercial
advertisements with the exception of the name and/or
logo of the restaurant.

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Municipal Code Text Amendment 24-03
l. Shade structures, umbrellas and other decorative
materials shall be fire-retardant, pressure-treated or
manufactured of fire-resistant material.
m. Shade structures, awnings and similar covers shall be permanently anchored per manufacturer's specifications
and in compliance with the Building Code.
n. Heating units may be permitted if they are an outdoor approved type, are located in accordance with the
manufacturer’s recommendations, and are located at
least two feet from the edge of public walkways and from any umbrella canvas, any foliage, or any other
flammable object or material. No heating units with open flames are permitted. Heating units in the right-of-way must be approved by the Director of Public Works.
o. Outdoor dining area shall incorporate lighting for
evening dining which shall be compatible with the
character of the main structure, shall be hardwired, and shall be installed to prevent glare onto, or direct
illumination of, any residential property or use, or impact to the safety of the traveling public. Use of glass within the public right-of-way is not permitted.
p. Any equipment associated with the outdoor dining area shall be hardwired and be an outdoor approved type.

Equipment UL listing may be required at the discretion
of the Director of Community Development or Director
of Public Works.
q. Furniture material shall be of a color and design, which is complimentary to the character of the main structure and shall consist of durable material such as wood or
metal.
r. Parking. See Chapter 18.156 Vehicle Parking and
Storage
s. The outdoor dining and seating area shall comply with all applicable Building, Fire and City codes.
t. The Director of Community Development or Director of Public Works may place additional conditions upon the
issuance of the permit to ensure the protection of the
public walkway, the rights of all adjoining property
owners, and the health, safety, and welfare of the
public.

2. Conversion of existing parking on private property. In addition to the standards in 18.142.020.C.1, the following standards shall also apply when converting existing private parking spaces:

Ordinance 1316 Page 8
Municipal Code Text Amendment 24-03
a. Up to five parking spaces may be converted without
providing parking subject to compliance with Chapter

18.156 Vehicle Parking and Storage.
b. Conversion of six or more additional parking spaces will require replacement parking in compliance with Chapter

18.156 Vehicle Parking and Storage
c. Required ADA parking spaces may not be converted
into an outdoor dining and seating area.
d. Parking spaces to be converted shall be limited to those located within the width of the frontage of the
establishment. Units with multiple frontages, including stand-alone building pads may convert parking spaces
along two adjacent frontages, subject to compliance with applicable parking requirements.
e. The dining area floor shall be comprised of decking or other raised foundation that is ADA compliant and
differentiates the dining area from the surrounding
parking lot.
f. Establishments that have existing outdoor dining areas that provide for up to 20 seats, shall not be allowed to convert parking into an outdoor dining and seating area.

3. Communal/shared outdoor dining and seating areas.

Commercial centers with two or more restaurants, cafés or other food service businesses may provide shared outdoor dining and seating areas. In addition to the standards in

18.142.020.C.1, the following standards shall also apply to shared outdoor dining and seating areas:
a. Up to 50% of the of the establishments’ combined dining floor area, including any bar area, may be provided as
shared outdoor dining and seating areas without
providing additional parking subject to compliance with Chapter 18.156 Vehicle Parking and Storage.
b. Shared outdoor dining and seating areas that exceed
50% of the establishments’ combined dining floor area,
including any bar area, will require replacement parking in compliance with Chapter 18.156 Vehicle Parking and
Storage.
c. Properties with existing circulation and parking impacts may require a parking study to the satisfaction of the
Director of Community Development.
d. Required ADA parking spaces may not be converted
into an outdoor dining and seating area.
e. When parking spaces are converted, the dining area
floor shall be comprised of decking or other raised
foundation that is ADA compliant and differentiates the dining area from the surrounding parking lot.

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Municipal Code Text Amendment 24-03
f. Establishments providing a shared outdoor dining and seating area shall be located no more than 100 feet from the shared dining and seating area.
g. More than one shared outdoor dining and seating area may be provided within a commercial center subject to
compliance with the requirements of this Section.

D. Operational standards

1. The business owner shall be responsible for maintaining all chairs, tables, fencing, paving, ground surfaces, landscaping and other improvements associated with outdoor dining in a safe, sound, and visually attractive condition.

2. Tables shall be placed only in the locations shown on the approved site plan.

3. Movable furniture must be secured or moved inside at closing time.

4. Outdoor dining areas shall be operated in a manner that meets all requirements of the health department and all other applicable regulations such as noise, laws, city ordinances, or standards.

5. Outdoor dining areas shall contain waste receptacles for use by patrons, unless table service is provided.

6. Cleaning of the outdoor dining area is the responsibility of the associated restaurants and must comply with National Pollutant Discharge Elimination System standards.

7. Alcoholic beverages may be served in an outdoor dining area, provided approvals are obtained from the City and the
Department of Alcoholic Beverage Control (ABC).

8. The size of a permitted outdoor dining area shall not be increased or the arrangement substantially altered, unless the Director of Community Development has reviewed and
approved a new application under this Section.

9. The hours of operation for outdoor dining and seating areas shall be limited to the hours of operation for the associated establishment; however, the Director of Community
Development may restrict the hours of the outdoor dining and seating area due to noise and safety concerns.

E. Post permit approval procedures

1. Temporary Suspension. Any permit for a dining or seating area, whether located on public or private property may be
temporarily suspended, pursuant to written notice, when, in the discretion of the Director of Community Development or
Director of Public Works, such use may interfere with the rights, health, welfare, or safety of the neighboring property owners and the others using the area.

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Municipal Code Text Amendment 24-03

2. Expiration. If the outdoor dining and seating area, whether located on public or private property, is discontinued, unused or abandoned for a period of one year, the permit shall
automatically become null and void. A new application pursuant to the requirements of this Section shall be required for any outdoor dining and seating area that has been, in part or whole, expired, revoked, or terminated.

3. Revocation.
a. Outdoor dining and seating areas on public property.

The use of a public sidewalk or any other public right-ofway under this Section is on a temporary and nonpermanent basis. Any outdoor dining and seating
area in the public right-of-way may be revoked by the
Director of Public Works if it is determined that any
portion of the approved encroachment permit has been
violated.
b. Outdoor dining and seating areas on private
property. Any outdoor dining and seating area approved
pursuant to this Section may be revoked by the Director of Community Development after at least five days'
written notice to the permittee if it is determined that any portion of this Section has been violated. Pursuant to the written notice, the permittee shall have the opportunity to remedy the violation to the satisfaction of the Director of Community Development.

4. Appeal. Any decision made pursuant to this section is final, unless appealed to the Planning Commission within 14 days after the date the decision is made. Any appeal shall be submitted on forms provided by the City along with application fees pursuant to the adopted fee resolution schedule. Any appeal of the Planning Commission’s decision shall be
governed by the provisions of Chapter 18.212.

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Municipal Code Text Amendment 24-03
Changes to
Chapter 18.156 Vehicle Parking and Storage
New text in blue underlined
Deleted text is in Red and Strikethrough

18.156.050 Automobile parking spaces required.

Use Minimum Off-Street Parking Required
D. Commercial Uses

14. Outdoor dining and
seating areas:

Outdoor dining and
seating areas located on
public property or in
front, side or rear of an
establishment on private
property that are located
within the boundaries of
the Downtown Specific
Plan.

No additional parking shall be required. If parking or
circulation impacts arise as a result from the outdoor
dining and seating area, the Director of Community
Development may require that additional parking be
provided at a rate of one parking space for every six
seats above 20 seats. If additional parking cannot be
provided, the applicant shall work with the Planning
Division to mitigate the impacts, including but not
limited to, reducing the number of seats. Surplus
parking may be used to meet the parking requirement.

Outdoor dining and
seating areas located on
public property or in
front, side or rear of an
establishment on private
property that are located
outside of the
boundaries of the
Downtown Specific Plan.

Additional parking is not required for establishments
which comply with Chapter 18.156 (Parking) and where
outdoor dining does not exceed seating for 20 persons.

If parking or circulation impacts arise as a result from the outdoor dining and seating area, the Director of
Community Development may require that additional
parking be provided at a rate of one parking space for
every six seats above 20 seats. If additional parking
cannot be provided, the applicant shall work with the
Planning Division to mitigate the impacts, including but not limited to, reducing the number of seats. Surplus
parking may be used to meet the parking requirement.

Establishments with more than 20 seats shall provide
parking at a rate of one parking space for every six
seats above 20 seats. Surplus parking may be used to
meet the parking requirement.

Outdoor dining and
seating areas converted
from existing parking
spaces (18.142.020).

Five or fewer existing parking spaces may be converted
into an outdoor dining and seating area without
providing additional parking, unless existing circulation and parking impacts exist as determined by the Director of Community Development , in which case a parking
study will be required to identify parking demand. After review of the parking study, the Director of Community

Ordinance 1316 Page 12
Municipal Code Text Amendment 24-03
Development shall determine the number of existing
parking spaces (not exceeding five) that may be
converted into an outdoor dining and seating area. If
parking or circulation impacts arise as a result from the outdoor dining and seating area, the Director of
Community Development may require that additional
parking be provided at a rate of one parking space for
every two converted spaces. If additional parking
cannot be provided, the applicant shall work with the
Planning Division to mitigate the impacts, including but not limited to, reducing the number of seats. Surplus
parking may be used to meet the parking requirement.

Conversion of six or more additional parking spaces will require replacement parking at a rate of one parking
space for every two converted spaces above the first
five converted spaces. Surplus parking may be used to
meet the parking requirement.

Communal outdoor
dining and seating areas
(18.142.020.3).

Shared outdoor dining and seating areas that do not
exceed 50 percent of the establishments’ combined
dining floor area, including any bar area, will not require new or replacement parking, unless existing circulation and parking impacts exist as determined by the
Director, in which case a parking study will be required to identify parking demand. After review of the parking study, the Director shall determine the number of
required parking spaces. If parking or circulation
impacts arise as a result from the outdoor dining and
seating area, the Director of Community Development
may require that additional parking be provided at a rate of one parking space for every two converted spaces or
one parking space for every six seats above 20 seats,
whichever is greater. If additional parking cannot be
provided, the applicant shall work with the Planning
Division to mitigate the impacts, including but not
limited to, reducing the number of seats. Surplus
parking may be used to meet the parking requirement.

Shared outdoor dining and seating areas that exceed
50 percent of the establishments’ combined dining floor area, including any bar area, will require replacement
parking at a rate of one parking space for every two
converted spaces or one parking space for every six
seats above 20 seats, whichever is greater. These
parking requirements will be applicable to the area
above 50 percent of the establishments’ combined
dining floor area, including any bar area. Surplus
parking may be used to meet the parking requirement.

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Municipal Code Text Amendment 24-03
145. Furniture and
appliance stores, hardware
stores and household
equipment shops
One space for each 300 square feet of floor area

ATTACHMENT 2
City of San Dimas
Planning Division
245 East Bonita Ave.

San Dimas, CA. 91773

https://cityofsandimas.sharepoint.com/CD/Shared Documents/CommDev7- Planning Case Files/M.C.T.A/2022/MCTA 22-XX Outdoor Dining/Research/Membrane Structures Policy ADOPTED VERSION 051209.doc Canopies and Other
Membrane Structures
Codes & Policies
This handout is not intended to apply to awnings or umbrellas.

Membrane structures shall: Code Explanation:

1. Not be allowed in required setback areas in any zone. Structures are not allowed in setback areas per Zoning Code.

2. Not exceed a maximum height of 12 feet in any zone. California Building Code restricts height to 1 story/12 feet as measured from grade up to
the midpoint (average) of highest roof
surface.

3. Require a building permit if attached to a building California Building Code requires a building permit if a structure is attached to a
building.

4. Require a building permit if maintained on a property for more than 6 months.

California Building Code requires temporary
structures after 180 days to be considered
permanent and subject to a building permit.

5. Require a building permit if covers an area greater
than 120 square feet and used for 10 or more people.
(Generally, when used as a vehicle shelter, a building
permit would not be required).

California Building Code requires building
permit for temporary structures exceeding
“120 square feet, including connecting
areas or spaces with a common means of
egress or entrance which are used or
intended to be used for the gathering of 10
or more persons.”

6. Comply with California Fire Code and Los Angeles
County Fire Department standards for tent or airsupported membrane structures greater than 200 square feet or a canopy greater than 400 square feet.

LA County Fire Department enforces the
California Fire Code, as amended by LA
County Fire Code, and requires a separate
permit regardless of how long temporary
structure is maintained.

7. Comply with all standards of the zone. Per Zoning Code. If located within the Town Core, shall comply with all Town Core
Design Guidelines.

8. Not obstruct any parking space or access thereto,
except through a Temporary Use Permit for special
event; however, in no case shall fire lanes be obstructed.

Parking spaces and drive aisles are
required to be maintained unobstructed per
Zoning Code. Fire Lanes shall be kept “free
and clear” per LA County Fire Code.

Membrane structures shall: Policy Explanation:

1. Not be allowed in any non-residential zone, except as permitted in conjunction with an approved temporary event.

Permanent shade or shelter structures are
required (e.g., patio trellis, awnings, or room
additions) subject to DPRB review.

2. Use appropriate materials and design (style, shape, color) compatible with primary building.

Heavyweight cloth, such as canvas or similar
durable fabric, is preferred. Thin, shiny or plasticlooking materials are discouraged, except side panels should be clear vinyl rather than solid or
mesh fabrics for security visibility.

3. Use materials and design consistent with historic architecture on any structure listed on the City of San Dimas 1991 Historic Resources Survey.

Obviously modern materials, finishes, hardware,
and design are discouraged. Follow U.S.

Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating
Historic Buildings. If located in Town Core, also
follow the Town Core Design Guidelines.

ATTACHMENT 3

Agenda Item Staff Report
To: Honorable Chair and Members of Planning Commission
For the Meeting of June 20, 2024
From: Luis Torrico, Director of Community Development
Subject: Discussion and Consideration to Approve Municipal Code Text Amendment 24- 03, A request to Amend Title 18 of the San Dimas Municipal Code to Create Standards for Outdoor Dining and Seating Areas along with Associated Clean Up Items
____________________________________________________________________________

SUMMARY
Currently, the San Dimas Municipal Code does not provide regulations regarding commercial outdoor dining areas; however, an outdoor dining policy was created and adopted by the City Council as merchants and community members expressed a desire to have outdoor dining in various commercial zones. In addition, a membrane structure policy was created to regulate what type of structures and materials are appropriate for use in residential and commercial zones, including outdoor dining areas.

At the August 9, 2022 City Council meeting, Staff presented the City’s outdoor dining and membrane structure policy to the Council and requested direction regarding the outdoor dining requirements for restaurants in the City and the temporary outdoor dining structures. After discussing the item, the Council directed Staff to bring back proposed standards for outdoor dining for consideration.

At the August 22, 2023 City Council meeting, Staff presented proposed standards that could be applied to permanent outdoor dining areas. After discussing the item, the Council directed Staff to bring back an ordinance incorporating the standards discussed at the meeting, allowing existing parking spaces to be converted into permanent outdoor dining, explore communal outdoor dining, and also directed Staff to give restaurants notice to remove temporary outdoor dining structures installed in response to the COVID pandemic.

The proposed ordinance will create standards for outdoor dining and seating areas in accordance with the Council’s direction.

ATTACHMENT 4

MCTA 24-03 Outdoor Dining Ordinance Page 2
For the Meeting of June 20, 2024

RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution PC-1678 recommending approval of MCTA 24-03 to the City Council.

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

BACKGROUND
Currently, the San Dimas Municipal Code does not include standards for outdoor dining areas. In response to a request from merchants and community members to provide outdoor dining areas in commercial zones, the City created an Outdoor Dining in Commercial Zones policy (See Attachment 2 - Outdoor Dining in Commercial Zones Policy). The Outdoor Dining policy includes:

1. No additional parking required for establishments that comply with the City’s Parking Standards and provides outdoor seating for 12 people or less.

2. Standards that regulate pedestrian access, maintenance, and procedures for occupying within the public rights-of-way.

3. Applications submitted for outdoor dining are subject to review and approval by the Director of Community Development and if necessary, the City Engineer.

In addition to the Outdoor Dining policy, the City created a Membrane Structure policy (See Attachment 3 - Membrane Structure Policy) to regulate temporary membrane structures in residential and commercial zones, which also apply to outdoor dining areas. The original adopted policy did not allow membrane structures in business/commercial zones unless approved for a special event with a Temporary Use Permit. In addition, permanent structures were preferred for use in conjunction with outdoor dining areas; however, the policy did not reflect this.

In 2008, the San Dimas Wine Shop, located in the Town Core, installed a cabana membrane structure over their outdoor patio area without approval. Subsequently, the business owner submitted an application to the Development Plan Review Board (DRPB) to allow the cabana membrane structure to be used from November 2008 to May 2009. As it did not comply with the adopted policy, the DPRB denied the request. The business owner appealed the DPRB’s decision to the City Council, and after discussing he item the City Council denied the appeal and upheld the DPRB’s decision due to their request not complying with the City’s membrane structure policy.

Additionally, at the same meeting the City Council directed Staff to work with the Planning Commission to review and update the membrane structure policy as required. In 2009, the policy was updated and approved by the Planning Commission and the City Council. The revisions to the membrane structure policy included:

1. Standards for non-residential zones, consisting of requiring permanent shade or shelter structures, such as patio trellis or awnings within commercial zones.

2. Required that the material and design be compatible with the primary building and consistent with historic architecture on any structure listed on the City’s historic resources survey.

3. Membrane structures require approval by the DPRB.

MCTA 24-03 Outdoor Dining Ordinance Page 3
For the Meeting of June 20, 2024
There are a number of existing businesses within the City that provide outdoor dining areas in compliance with the City’s Outdoor Dining in Commercial Zones and Membrane Structure policies. Some of these businesses include Roady’s, Railside Café, Panera Bread, Café Rio and The Habit Burger Grill.

In 2020, in response to the COVID-19 pandemic and to meet County Health Orders, the City permitted the use of temporary outdoor dining areas and structures to allow restaurants and other businesses to continue operations during the pandemic. A variety of temporary outdoor dining areas and structures/canopies have been allowed through this process within pedestrian walkways and parking areas. Since these temporary structures were not meant to be permanent and were allowed in response to an emergency order, compliance with the City’s Outdoor Dining in Commercial Zones and Membrane Structure policies, parking requirements, Building Code and disabled access were not required to be met.

As previously mentioned, these temporary outdoor dining areas and structures do not meet various City or Building Code requirements, such as disabled access. Therefore, if a business owner wanted to convert the temporary outdoor dining area or structure to be permanent, these areas or structures would be required to meet all existing City and Building codes and policies.

On August 9, 2022, Staff presented the City’s outdoor dining and membrane structure policy to the Council and requested direction regarding the outdoor dining requirements for restaurants in the City and the temporary outdoor dining structures. After discussing the item, the City Council directed Staff to bring back proposed standards for outdoor dining for consideration.

At the August 22, 2023 City Council meeting, Staff presented proposed standards that could be applied to permanent outdoor dining areas. After discussing the item, the Council directed Staff to bring back an ordinance incorporating the standards discussed at the meeting, allowing existing parking spaces to be converted into permanent outdoor dining, explore communal outdoor dining areas, and also directed Staff to give restaurants a 90-day notice to remove temporary outdoor dining structures. Subsequent to the notice being sent out, the Council reconsidered the 90-day notice and on October 10, 2023, the Council voted to extend the timeframe to remove the temporary structures by June 30, 2024.

DISCUSSION/ANALYSIS
The proposed ordinance creates standards for outdoor dining and seating areas located on public property, such as sidewalks, and on private property, and will also apply to previously approved permanent outdoor dining areas that are looking to expand. The ordinance will create permitting and review process, development standards, operational standards, and post permit approval procedures for outdoor dining and seating areas.

The ordinance will apply to any new outdoor dining and seating area located on public property such as sidewalks, and on private property. Outdoor dining and seating areas located on private property may consist of areas located directly in front of the establishment, conversion of existing parking spaces or a communal outdoor dining and seating area for two (2) or more establishments. Outdoor dining areas located at the rear of an establishment will not be subject to this ordinance. Those requests will be reviewed like any other addition to an existing establishment; however, parking requirements as proposed by this amendment, and discussed later in this report, will be applicable.

MCTA 24-03 Outdoor Dining Ordinance Page 4
For the Meeting of June 20, 2024
The ordinance proposes development standards for outdoor dining located within a public sidewalk or in front of an establishment on private property, for areas created from converted existing parking spaces, and for communal outdoor dining areas. Standards related to maintaining accessible sidewalk or pedestrian path, fencing/barrier standards, standards for umbrellas, awnings and similar covers, and furniture and equipment standards will be applicable all outdoor dining and seating areas proposed by this ordinance. Development standards for converted existing parking spaces and communal outdoor dining areas will include, but not be limited to, the maximum number of parking spaces that can be converted without providing additional parking, the maximum size of the communal space without providing additional parking, which spaces can be converted, and require that dining area floor be comprised of decking or other raised foundation that is ADA compliant.

Operational standards, which will be applicable to all types of outdoor dining and seating areas proposed by this ordinance, will include compliance with the Health Department, Alcohol Beverage Control and all other applicable regulations such as noise, hours of operation, cleaning and maintenance of the outdoor dining and seating area and associated furniture.

The proposed amendments will also require parking standards for the proposed outdoor dining and seating areas. These types of establishments are intended to provide additional opportunities for diners and enhance the pedestrian ambiance. Therefore, the proposed amendments to Chapter 18.156 Vehicle Parking and Storage will provide flexibility and some relief from parking requirements to encourage outdoor dining and seating areas. The proposed parking requirements will consist of the following:

Outdoor dining and seating area located on the public sidewalk or on private property; either in the front or at the rear of the establishment:
• No additional parking shall be required if located within the boundaries of the Downtown Specific Plan (DTSP).
• Located outside of the DTSP; No parking for seating for up to 20 persons. If more than 20 seats are provided, one (1) parking space for every six (6) seats above 20 seats.

Conversion of existing parking spaces into outdoor dining and seating areas • No additional parking required for the conversion of up to five (5) parking spaces, unless there are existing circulation and parking impacts at the site, at which a parking study will be required which will be used to determine the number of parking spaces that may be converted.
• Conversion of six (6) or more parking spaces will require replacement parking at a rate of one (1) parking spaces for every two (2) converted spaces above the first five (5) converted spaces.

Communal outdoor dining and seating area
• No additional parking required if proposed area does not exceed 50 percent of the establishments’ combined dining floor area, including any bar area, unless there are existing circulation and parking impacts at the site, at which a parking study will be required which will be used to determine the number of required parking spaces.

MCTA 24-03 Outdoor Dining Ordinance Page 5
For the Meeting of June 20, 2024
• Areas that exceed 50 percent of the establishments’ combined dining floor area, including any bar area, will require replacement parking at a rate of one (1) parking space for every two (2) converted spaces or one (1) parking space for every six (6) seats above 20 seats, whichever is greater. These parking requirements will be applicable only to the area exceeding 50 percent of the establishments’ combined dining floor area, including any bar area.

The proposed ordinance will allow restaurants, cafes, and other food service establishments to provide outdoor dining and seating areas for their customers. The proposed ordinance will replace the City’s exiting Outdoor Dining in Commercial Zones policy and portions of the Membrane Structure policy that apply to outdoor dining, and will implement the direction provided by the City Council. Restaurants that still have their temporary outdoor dining structures erected as part of the City’s temporary COVID response, will be required to remove their structures by June 30, 2024, but the proposed amendments will provide an opportunity for permanent outdoor dining and seating areas to be installed.

ALTERNATIVES
The Planning Commission could propose changes to the proposed ordinance or not recommend approval to the City Council.

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. PC Resolution 1678

2. Outdoor Dining in Commercial Zones Policy

3. Membrane Structure Policy

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of August 22, 2023
From: Chris Constantin, City Manager
Prepared by: Luis Torrico, Planning Manager
Subject: Discussion Regarding Commercial Outdoor Dining Areas and Direction to Require Removal of Temporary Structures Erected During COVID-19 Emergency
____________________________________________________________________________

SUMMARY
Currently, the San Dimas Municipal Code does not provide regulations regarding commercial outdoor dining areas; however, an outdoor dining policy was created and adopted by the City Council as merchants and community members expressed a desire to have outdoor dining in various commercial zones. In addition, a membrane structure policy was created to regulate what type of structures and materials are appropriate for use in residential and commercial zones, including outdoor dining areas.

In response to the COVID-19 pandemic and to meet County Health Orders, the City permitted the use of temporary outdoor dining areas and structures to allow restaurants and other businesses to continue operations during the pandemic. Currently, there is no set timeframe as to when the temporary outdoor dining areas and structures are required to be removed.

At the August 9, 2022, City Council meeting, Staff presented the City’s outdoor dining and membrane structure policy to the Council and requested direction regarding the outdoor dining requirements for restaurants in the City and the temporary outdoor dining structures. After discussing the item, the Council directed Staff to bring back proposed standards for outdoor dining for consideration.

RECOMMENDATION
Staff recommends that the City Council:

1. Discuss and provide direction to Staff regarding outdoor dining for restaurants located on private property.

ATTACHMENT 5

Discussion Regarding Commercial Outdoor Dining Areas Page 2 For the Meeting of August 22, 2023

2. Direct Staff to contact restaurant operators to remove the temporary outdoor dining areas and structures setup in response to the COVID-19 Pandemic.

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

BACKGROUND
Currently, the San Dimas Municipal Code does not include standards for outdoor dining areas. In response to a request from merchants and community members to provide outdoor dining areas in commercial zones, the City created an Outdoor Dining in Commercial Zones policy (See Attachment 1 - Outdoor Dining in Commercial Zones Policy). The Outdoor Dining policy includes:

1. No additional parking required for establishments that comply with the City’s Parking Standards and provides outdoor seating for 12 people or less.

2. Standards that regulate pedestrian access, maintenance, and procedures for occupying within the public rights-of-way.

3. Applications submitted for outdoor dining are subject to review and approval by the Director of Community Development and if necessary, the City Engineer.

In addition to the Outdoor Dining policy, the City created a Membrane Structure policy (See Attachment 2 - Membrane Structure Policy) to regulate temporary membrane structures in residential and commercial zones, which also apply to outdoor dining areas. The original adopted policy did not allow membrane structures in business/commercial zones unless approved for a special event with a Temporary Use Permit. In addition, permanent structures were preferred for use in conjunction with outdoor dining areas; however, the policy did not reflect this.

In 2008, the San Dimas Wine Shop, located in the Town Core, installed a cabana membrane structure over their outdoor patio area without approval. Subsequently, the business owner submitted an application to the Development Plan Review Board (DRPB) to allow the cabana membrane structure to be used from November 2008 to May 2009. As it did not comply with the adopted policy, the DPRB denied the request. The business owner appealed the DPRB’s decision to the City Council, and after discussing the item the City Council denied the appeal and upheld the DPRB’s decision due to their request not complying with the City’s membrane structure policy.

Additionally, at the same meeting the City Council directed Staff to work with the Planning Commission to review and update the membrane structure policy as required. In 2009, the policy was updated and approved by the Planning Commission and the City Council. The revisions to the membrane structure policy included:

1. Standards for non-residential zones, consisting of requiring permanent shade or shelter structures, such as patio trellis or awnings within commercial zones.

2. Required that the material and design be compatible with the primary building and consistent with historic architecture on any structure listed on the City’s historic resources survey.

3. Membrane structures require approval by the DPRB.

There are a number of existing businesses within the City that provide outdoor dining areas in compliance with the City’s Outdoor Dining in Commercial Zones and Membrane Structure

Discussion Regarding Commercial Outdoor Dining Areas Page 3 For the Meeting of August 22, 2023
policies. Some of these businesses include Roady’s, Railside Café, Panera Bread, Café Rio and The Habit Burger Grill.

In 2020, in response to the COVID-19 pandemic and to meet County Health Orders, the City permitted the use of temporary outdoor dining areas and structures to allow restaurants and other businesses to continue operations during the pandemic. A variety of temporary outdoor dining areas and structures/canopies have been allowed through this process within pedestrian walkways and parking areas. Since these temporary structures were not meant to be permanent and were allowed in response to an emergency order, compliance with the City’s Outdoor Dining in Commercial Zones and Membrane Structure policies, parking requirements, Building Code and disabled access were not required to be met. Currently, there is no set timeframe as to when the temporary outdoor dining areas and structures are required to be removed but the City has required that they are to be properly maintained.

As previously mentioned, these temporary outdoor dining areas and structures do not meet various City or Building Code requirements, such as disabled access. Therefore, if a business owner wanted to convert the temporary outdoor dining area or structure to be permanent, these areas or structures would be required to meet all existing City and Building codes and policies.

On August 9, 2022, Staff presented the City’s outdoor dining and membrane structure policy to the Council and requested direction regarding the outdoor dining requirements for restaurants in the City and the temporary outdoor dining structures. After discussing the item, the City Council directed Staff to bring back proposed standards for outdoor dining for consideration.

DISCUSSION/ANALYSIS
At the August 9, 2022, City Council meeting, the Council discussed different design standards that should be considered by Staff in updating the policy or including in a code amendment. These standards would apply to outdoor dining located with the public right-of-way/sidewalks and on private property. Properties that would be able to accommodate outdoor dining in the public rightof-way/sidewalks are located within the Downtown area and within the boundaries of the proposed Downtown Specific Plan (DTSP). Therefore, standards for outdoor dining located with the public right-of-way/sidewalks will be presented to the Council at a future study session meeting and subsequent public hearings as part of the DTSP review. Until those standards are adopted, restaurants seeking to operate outdoor dining located with the public right-of-way/sidewalks can do so under the City’s current policy.

During the COVID-19, pandemic several restaurants installed temporary outdoor dining areas and structures to allow their businesses operations to continue. These outdoor dining areas were also discussed at the August 9, 2022, City Council meeting, but no direction was provided to Staff on whether to discontinue their use. Since that meeting the majority of restaurants have taken down their temporary outdoor dining areas and structures. Currently there are four (4) restaurants still using temporary structures, which consist of Butter Café, La Villa Kitchen, Roady’s and Café Las Pupusas (Figure 1).

Discussion Regarding Commercial Outdoor Dining Areas Page 4 For the Meeting of August 22, 2023
Figure 1 - Temporary Outdoor Dining Structures
On February 28, 2023, Governor Newsom issued a proclamation terminating the State’s COVID19 State of Emergency. Indoor dining restrictions had been lifted prior to the termination of the COVID-19 State of Emergency order; however, City Staff allowed restaurants to continue using their temporary outdoor dining structures until the State’s Emergency Order was terminated. Now that the State of Emergency has been terminated, Staff recommends that the temporary outdoor dining structures should be removed. If the restaurant operators desire to continue their outdoor dining, the temporary structures should be replaced with structures and materials that comply with the City’s current outdoor dining and membrane structure policies and be required to comply with all applicable Building and City Codes. As an example, Roady’s temporary membrane structure would have to be replaced with a patio trellis, awning or similar design. For Butter Café and La Villa Kitchen, the same standards would apply. However, since their structures are located within existing parking spaces, the City would have to create a policy or amend the Code to regulate the conversion of parking into outdoor dining and provide design standards and requirements.

Examples of standards and requirements that could be implemented consist of the following:
• Maximum number of parking spaces, located on private property, to be converted shall not exceed four (4) spaces.
• No additional parking shall be required unless the existing center is under-parked, and circulation and parking impacts exist
• Permanent railings/barriers
o Shall be required to delineate the space and provide a safety barrier for patrons.

Discussion Regarding Commercial Outdoor Dining Areas Page 5 For the Meeting of August 22, 2023
o Design may consist of planters, metal or glass fencing (Figure 2) and shall not exceed 36-inches in height. If planters are installed, the planter itself shall not exceed 36-inches, and the vegetation (live or artificial) height shall not exceed 6 feet measured from the lowest adjacent finish grade.
o For restaurants serving alcohol, the barrier shall comply with the Alcoholic Beverage Control requirements.
• Shade structures shall be permanent and consist of trellis, awnings or similar designs that are compatible with the existing/proposed restaurant building or center. • Umbrellas designed specifically for patio or outdoor restaurant use are allowed. Umbrellas shall be free of any advertisements with the exception of the name and/or logo of the restaurant.
• Lighting and heating fixtures shall be compatible with the architecture, materials and finish of the existing/proposed restaurant building or center and shall be hardwired. • Furniture material shall be of a color and design, which is complimentary to the existing/proposed restaurant building or center and shall consist of durable material such as wood or metal.
• The dining area floor shall be comprised of decking or other raised foundation that is ADA compliant and differentiates the dining area from the surrounding parking lot. • Shall comply with all applicable Building, Fire and City codes. • Restaurants that have existing outdoor dining areas shall not be allowed to convert parking into outdoor dining area.

Discussion Regarding Commercial Outdoor Dining Areas Page 6 For the Meeting of August 22, 2023
Figure 3 - Railing Design Types
For outdoor dining located on private property walkways or common space, the City does not have design standards in place. For existing outdoor dining areas such as Panera and Café Rio, the railing, furniture and lighting were required to be compatible with the architecture, materials and finishes of the existing center. Therefore, the above-mentioned standards could also be applied for restaurants seeking to create outdoor dining areas on private property walkways or common space, or for proposed restaurants with outdoor dining.

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
Planning Manager
Directed Staff to give restaurants 90 days notice to remove temporary outdoor dining structures. Directed Staff to move forward with the ordinance using the standards presented and discussed at the meeting. Reconsider maximum of four parking spaces to be converted as each case will be different, also four spaces may block other unit's parking. Ryan also suggested allowing centers to devleop communal outdoor dining areas.

Discussion Regarding Commercial Outdoor Dining Areas Page 7 For the Meeting of August 22, 2023
Attachments:

1. Outdoor Dining in Commercial Zones Policy

2. Membrane Structure Policy

SAN
DIA4AS
1960

CITY COUNCIL

ACTION MINUTES
AUGUST 22, 2023
7: 00 PM REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tern John Ebiner, Councilmember Eric Nakano, Councilmember Ryan A. Vienna, Councilmember Eric Weber Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administrative Services Michael O' Brien, Director of Parks and Recreation Scott Wasserman, Director of Community Development Henry Noh, City Attorney Jeff Malawy, City Clerk Debra Black, Planning Manager Luis Torrico, Housing Manager Lily Flores
The meeting was called to order at 7: 03 P. M.
4'6ME 13 " Y fi u1 y ai 0r 1.

Approve Resolution 2023-54, A MOTION: Motion/ seconded by Resolution ofthe City Council ofthe City Councilmember Vienna/ Mayor Pro Tern of San Dimas, Approving Certain Ebiner to approve the consent calendar as Demands for August 30, 2023, Warrant presented with Councilmember Vienna's Register inthe Amount of $769, 621.30. recusal from item 5. Motion carried 5-0. 2.

Approve Minutes ofthe August 8, 2023, Regular
City Council Meeting Yes: Badar, Ebiner, Nakano, Vienna, Weber 3.

Approve the Seventh Amendment tothe No: None East
San Gabriel Valley Watershed Absent: None Management (
ESGVWM) Group Abstain: None Cooperative
Agreement and Update the City'
s Cost Share for FY 2023- 24 in the Amount
of $133, 685. 87 4.

Receive and File Investment Report forthe
Month of July 2023 5.

Approve a Supplemental Budget Appropriation
from COPS Grant and Authorize
the Purchase of Three Speed Lidar
Devices and a Los Angeles Sheriff'
s Office Motorcycle Accessory Mount
inan Amount Not to Exceed 7,
887 6.

Deny Claim Wong v. City of San Dimas 3049533
OTHER

BUSINESS
Discussion Regarding

COMMENTS/
Commercial MOTION:

RECOMMENDATIONS
Motion/ seconded

1. by Outdoor
Dining Areas and Direction to Councilmember Vienna/Mayor Pro Tem

August 22, 2023 Regular City Council Action Minutes Page 3 Require Removal of Temporary
Structures Erected During COVID- 19
Emergency

2. Consideration and Appointment of
Boards Commissions and Committees
Ebiner to examine the spirit of the discussion
supporting outdoor dining with subjective
design standards as a pathway for outdoor
dining opportunities and to notify the
applicable owners of businesses with
temporary outdoor dining structures of the
ninety -day requirement to remove any
outdoor temporary dining structure. The
motion carried 5- 0.

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

Absent: None
Abstain: None
During the meeting, Councilmember Vienna
made his nomination of Sandra Martinez to
the Senior Citizens Commission. This
nomination is included in the list of nominees
being considered in the City Councils
appointment motion.

MOTION: Motion/ seconded by
Councilmembers Weber/ Vienna to approve
the list of nominees and appointments to the
City's Boards Commission and Committees
and direct the City Clerk to send official
notification to all applicants. The motion
carried 5- 0.

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

Absent: None
Abstain: None
There was a consensus by the City Council
to agendize a future discussion for the
commissioner term appointments alignment
with the election cycles and to draft a chart to
visualize how such staggering of terms could
be implemented.

SAN DIMAS HOUSING AUTHORITY COMMENTS/ RECOMMENDATIONS

1. Consideration and Approval of the MOTION: Motion/ seconded by Program Guidelines for the Charter Oak Councilmember Vienna/ Mayor Pro Tern Mobile Home Estates Fagade Ebiner to approve the Charter Oak Mobile Improvement Grant Program

August 22, 2023 Regular City Council Action Minutes Page 4 Home Estates Fagade Improvement Grant
Program. The motion carried 5- 0.

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

Absent: None
Abstain: None

CITY REPORTS COMMENTS/ RECOMMENDATIONS

1. City Manager The September 12, 2023 City Council
Meeting will be relocated to the Senior Center
Multipurpose Room due to construction in the
City Council chamber.

2. City Attorney FPPC will no longer provide the AB1234 Ethics Training.

3. Members of the City Council None
Reports on Meetings Attended
AB1234 G. C. 53232. 3 d

4. Annual Appointment of Mayor Pro Tern MOTION: Motion/ seconded by Mayor Pro Tern Ebiner/ Councilmember Weber to
appoint Councilmember Vienna as Mayor Pro
Tern thru the first meeting in July 2024. The

CITY COUNCIL REQUESTS FOR

FUTURE ITEMS

CLOSED SESSION ITEMS
motion carried 5- 0.

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

Absent: None
Abstain: None
Consensus of the City Council to restructure
the annual Mayor Pro Tern appointment to
the first meeting of July.

COMMENTS/ RECOMMENDATIONS
Request by Mayor Badar supported by
Councilmember Nakano directing staff to
present the City's sign ordinance for review
as it relates to the downtown corridor at a
future meeting.

COMMENTS/ RECOMMENDATIONS
CONFERENCE WITH LEGAL COUNSEL— Following closed session, the City Attorney ANTICIPATED LITIGATION made a public announcement that the City Initiation of litigation pursuant to Government Council met and discussed the one closed Code section 54956. 9( d)( 4): One case. session item listed on the agenda, direction was given to staff, and that no reportable
action was taken on that item.

August 22, 2023 Regular City Council Action Minutes Page 5 Adjourned: 9: 50 P. M.

I, Debra Black, City Clerk attest that these minutes are accurate and reflective of the actions taken by the City Council.
4&4uuk
Debra Black, City Clerk