CITY COUNCIL MEETING AGENDA
TUESDAY APRIL 8, 2025 7:00 PM
SAN DIMAS COUNCIL CHAMBER
245 EAST BONITA AVENUE
A public agenda packet is available for review on the City’s website www.sandimasca.gov or by contacting the City Clerk’s Office at [email protected].
Members of the public may observe the City Council meeting live on the City of San Dimas website at www.sandimasca.gov or on KWST Channel 3. To view from the website, select the Watch City Council Meetings blue button from the home page.
7:00 PM
CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem Eric Nakano, Councilmember Rachel Bratakos, Councilmember Ryan A. Vienna, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE
RECOGNITION
Recognize Donate Life Month – Jolene Vargas, OneLegacy Ambassador ORAL COMMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Recognize Earthquake Preparedness Month
CC2. Recognize Autism Awareness Month
CC3. Adopt Resolution 202517, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the PrePaid Warrant Register of March 31, 2025 in the amount of $187,260.33 and Warrant Register of April 15, 2025 in the amount of $672,161.91 CC4. Approve Minutes of the March 25, 2025, City Council Meeting CC5. AdoptaResolutionApprovingtheEngineer’sReportontheBoulevardAssessmentDistrict,
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Recognize Earthquake Preparedness Month
CC2. Recognize Autism Awareness Month
CC3. Adopt Resolution 202517, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the PrePaid Warrant Register of March 31, 2025 in the amount of $187,260.33 and Warrant Register of April 15, 2025 in the amount of $672,161.91 CC4. Approve Minutes of the March 25, 2025, City Council Meeting CC5. Adopt a Resolution Approving the Engineer’s Report on the Boulevard Assessment District, Declaring Intention to Levy and Collect an Increased Assessment, and Fixing a Time and Place for a Public Hearing for Boulevard Open Space Maintenance District No. 1, Tract 32818, Boulevard
CC6. Adopt a Resolution Approving the Engineer’s Report on the Northwoods Assessment District, Declaring Intention to Levy and Collect an Assessment, and Fixing a Time and Place for a Public Hearing for Open Space Maintenance District No. 1, Annexation No. 3, Tract 32841, Northwoods
CC7. Approve and Authorize the City Manager to Execute an Agreement with the County of Los Angeles for Public Health Services
CC8. Approve a Letter to the Los Angeles County Board of Supervisors Requesting Action to Reduce the Number of Vacancies within the Los Angeles County Sheriff’s Department and Support Adequate Detention Capacity Countywide
CC9. Appropriate $1,558,000 to Various Fund 100 Vehicle Account Numbers for Vehicle Purchase and Outfit of Fifteen Fleet Vehicles. Authorize Purchase of Vehicles Through the Statewide Contract Fleet Vehicle Pricing and in Accordance with City Purchasing Rules with Downtown Ford, Tom’s Truck Center, Bearcom, and California Truck Equipment Co. (CTEC) for a Total Amount of $1,270,464.45 with a Contingency of $287,535.55 CC10. Adopt Ordinance 1317, Adding a New Chapter 8.15 to the San Dimas Municipal Code to Establish Standards for the Management and Retrieval of Shopping Carts in the City END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.
PUBLIC HEARING ITEMS
PH1. Introduce Ordinance 1322, a Municipal Code Text Amendment of the San Dimas Municipal Code, Title 18, to Eliminate the Initiation Process for Zone Change and Municipal Code Text Amendments.
RECOMMENDATION: Staff and the Planning Commission recommend the City Council read by title and introduce Ordinance 1322 approving MCTA 2411, amending the initiation process for zone change and municipal code text amendments ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1CitM
PH1. Introduce Ordinance 1322, a Municipal Code Text Amendment of the San Dimas Municipal Code, Title 18, to Eliminate the Initiation Process for Zone Change and Municipal Code Text Amendments.
RECOMMENDATION: Staff and the Planning Commission recommend the City Council read by title and introduce Ordinance 1322 approving MCTA 2411, amending the initiation process for zone change and municipal code text amendments ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
City Council Requests for Future Items, Comments and Updates
ADJOURNMENT
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk's Office at (909) 3946216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.10235.104 ADA Title II].
Copies of documents distributed for the meeting are available in alternative formats upon request. Any writings or documents provided to the City Council regarding any item on this agenda will be made available for public review Monday through Thursday 7:30 a.m. to 5:30 p.m. and on Fridays from 7:30 a.m. to 4:30 p.m. at the Administration Department and San Dimas Library. In addition, most documents are posted on the City's website at www.sandimasca.gov.
Posting Statement: I declare under penalty of perjury that on April 4, 2025, I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E. Bonita Ave., and on the City's website www.sandimasca.gov/agendasminutes/as required by law.
April 4, 2025 Debra Black
Debra Black, City Clerk
DMV/Donate Life
W
HEREAS, organ, eye, tissue, marrow and blood donations are life-giving acts recognized worldwide as expressions of compassion to those in need; and W
HEREAS, more than 103,000 individuals nationwide and more than 23,000 in California are currently on the national organ transplant waiting list, and on average, 17 people die each day while waiting;
W
HEREAS, the need for donated organs is especially urgent in Hispanic, Latino and African American communities;
W
HEREAS, a single individual’s donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; donation of tissue can save and heal the lives of up to 75 others;
W
HEREAS, organ donors saved more than 46,000 lives last year W
HEREAS, any person can register to be an organ, eye and tissue donor regardless of age or medical conditions;
W
HEREAS, being a registered donor does not impact the quality of life-saving medical care a person receives in an emergency;
W
HEREAS, California residents can sign up with the Donate Life California Donor Registry when applying for or renewing their driver’s licenses or ID cards at the California Department of Motor Vehicles.
W
HEREAS, California residents can sign up with the Donate Life California Donor Registry online at any time by visiting www.donateLIFEcalifornia.org, for Spanishspeakers, www.doneVIDAcalifornia.org N
OW THEREFORE, I Mayor Emmett G. Badar, Mayor Pro Tem Eric Nakano, Councilmembers Rachel Bratakos, Ryan A. Vienna, and Eric Weber hereby proclaim the month of April 2025 as “DMV/Donate Life Month” in the City of San Dimas.
I
N WITNESS THEREOF, I, Mayor Emmett G. Badar, have hereunto set my hand and caused the seal of the City of San Dimas to be affixed this 8th day of April 2025.
Earthquake Preparedness Month
W
HEREAS, Californians have witnessed and experienced earthquakes that have resulted in significant property damage, injuries and loss of life, and indirect costs; and
W
HEREAS, as many as 10,000 earthquakes occur each year in California and mitigation measures can save lives, reduce property damage, and alleviate economic dislocation caused by earthquakes; and W
HEREAS, California is the first state in the nation to offer free, cuttingedge technology designed to alert Californians before shaking begins through the Earthquake Warning California system, including the MyShake App, Android Earthquake Alerts, and Wireless Emergency Alerts; and
W
HEREAS, every community member of the City of San Dimas can take proactive steps by learning about the latest technology and innovations available at no-cost to protect their families, employees, and neighbors from earthquakes; and
W
HEREAS, incorporating earthquake warning technology into emergency planning efforts can help mitigate risk of injury and death by providing a few moments warning to take protective actions.
N
OW THEREFORE, I Mayor Emmett G. Badar, Mayor Pro Tem Eric Nakano, Councilmembers Rachel Bratakos, Ryan A. Vienna, and Eric Weber hereby proclaim the month of April 2025 as “Earthquake Preparedness Month” in the City of San Dimas.
I
N WITNESS THEREOF, I, Mayor Emmett G. Badar, have hereunto set my hand and caused the seal of the City of San Dimas to be affixed this 8th day of April 2025.
Autism Awareness &
Acceptance Month
W HEREAS, the City of San Dimas is guided by the principles of inclusivity in its commitment to help improve the lives of all individuals in the diverse community we serve; and
W HEREAS, Autism impacts people regardless of race, ethnicity, and socialeconomic backgrounds; and W HEREAS, while conditions characterized with Autism may challenge communication, social skills, and behavior; and individuals within the Autism Spectrum Disorder (ASD) community present varying qualities, strengths and challenges; and
W HEREAS, in the month of April, we strive to promote Autism awareness, inclusion, and acceptance, and the City of San Dimas is committed to providing equitable access to services, events and activities that support selfdetermination for all Autistic individuals; and W HEREAS, the City recognizes the importance of creating spaces that, beyond acceptance, provide opportunities for representation and celebration of all autism groups; and
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HEREAS, the City seeks to create a socially conscience community that values and celebrates the unique individuals within the ASD community which celebrates all kinds of minds.
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OW THEREFORE, I Mayor Emmett G. Badar, Mayor Pro Tem Eric Nakano, Councilmembers Rachel Bratakos, Ryan A. Vienna, and Eric Weber hereby proclaim the month of April 2025 as “Autism Awareness & Acceptance Month” in the City of San Dimas.
I
N WITNESS THEREOF, I, Mayor Emmett G. Badar, have hereunto set my hand and caused the seal of the City of San Dimas to be affixed this 8th, day of April 2025.
RESOLUTION 2025-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR MARCH 31, 2025, AND APRIL 15, 2025
WHEREAS, the following listed demands have been audited by the Director of Administrative Services; and
WHEREAS, the Director of Administrative Services has certified as to the availability of funds for payment thereto; and
WHEREAS, the register of audited demands has been submitted to the City Council for approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve the Prepaid Warrant Register of March 31, 2025, in the amount of $187,260.33 and Warrant Register of April 15, 2025, in the amount of $672,161.91 PASSED, APPROVED AND ADOPTED this 8th, day of April 2025. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2025-17 was approved by vote of the City Council of the City of San Dimas at its regular meeting of April 8th, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Debra Black, City Clerk
CITY COUNCIL MEETING
ACTION MINUTES
MARCH 25, 2025, 7:00 PM
REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Eric Nakano, Councilmember Rachel Bratakos, Councilmember Ryan A. Vienna, Councilmember Eric Weber Staff: City Manager Brad McKinney, Assistant City Manager Travis Sais, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black, Planning Manager Marco Espinoza, Housing Manager Lily Flores, Building Manager Garrett Tarango, Senior Management Analyst Anissa Livas
Call to Order: 7:00 PM
CONSENT ITEMS COMMENTS/RECOMMENDATIONS
1. Recognize Ehlers-Danos Syndrome and
HSD Awareness Month
2. Adopt Resolution 2025-14, A Resolution
of the City Council of the City of San
Dimas, Approving Certain Demands for
the Warrant Register of March 31, 2025,
in the amount of $1,147,753.42
3. Approve Minutes of the March 11, 2025,
Study Session and the March 11, 2025,
City Council Meeting
4. Receive, File, and Authorize Submittal of
the 2024 Annual Housing Progress
Report to California State Department of
Housing and Community Development
for the 2021-2029 Housing Element
5. Deny Claim Gott v. City of San Dimas
CJP 3053625
6. Deny Claim Li v. City of San
Dimas CJP3053695 WRV
7. Deny Claim Babakhanlou v. City of San
Dimas CJP 3053629 SCV
8. Receive and File the February 2025
Investment Report
9. Approve Change Order No. 1 in the
Amount of $77,207.05 for Reroofing of
City Yard Buildings 3 & 6 (Construction
MOTION: Motion/seconded by
Councilmember Vienna/Councilmember
Weber to approve the consent calendar.
Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
Approve Minutes of the March 25, 2025, City Council Meeting Page 2 For the Meeting of April 8, 2025
Contract 2024-06)
G.C. §84308: Yes
10. Approve Supplemental Budget
Appropriations for Cable Operating
Room Cooling System, Color Plotter,
San Dimas Canyon Sidewalk
Replacement Project and, Grant Funding
for CDBG Housing Rehabilitation
Programs
11. Approve an Increase to the Capitalization
Threshold for Fixed Assets from $5,000
to $10,000
OTHER BUSINESS COMMENTS/RECOMMENDATIONS
1. Approve Resolution 2025-16, Naming the
City's Skate Park after Former Los
Angeles County Sheriff’s Deputy, David
L. Campbell.
MOTION: Motion/seconded by
Councilmember Vienna/Councilmember
Weber approve:
• Resolution 2025-16 and appropriate
$1000 for the purchase and installation of
dedication plaque
• Staff to work with the Campbell family for
input on the design
• Invite and coordinate attendance with the
LA County Sheriff’s, ALADS, City Council,
Kathryn Barger and the Campbell family
for the commemoration.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
PUBLIC HEARING ITEMS COMMENTS/RECOMMENDATIONS
1. Introduce Ordinance 1317, Adding a New
Chapter 8.15 to the San Dimas Municipal
Code to Establish Standards for the
Management and Retrieval of Shopping
Carts in the City
No public comments were received on this
item.
MOTION: Motion/seconded by
Councilmember Bratakos/Councilmember
Weber to introduce Ordinance 1317. Motion
carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
CITY REPORTS COMMENTS/RECOMMENDATIONS
Approve Minutes of the March 25, 2025, City Council Meeting Page 3 For the Meeting of April 8, 2025
a. City Manager City Manager McKinney updated community on San Dimas Loop project.
b. City Attorney None.
c. Members of the City Council
Reports on Meetings Attended AB 1234
(G.C. §53232.3(d))
None.
CITY COUNCIL REQUESTS FOR
FUTURE ITEMS
COMMENTS/RECOMMENDATIONS
Request by Councilmember Weber
supported by Councilmember Bratakos to
agendize a request for letter to the Board of
Supervisor in support of the Los Angeles
County Sheriff staffing level crisis.
CLOSED SESSION ITEMS COMMENTS/RECOMMENDATIONS
CONFERENCE WITH LEGAL COUNSEL—
ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Government Code section 54956.9(d)(2):
One case.
Following the closed session, the City
Attorney made a public announcement as
follows: The City Council met and discussed
the closed session item listed on the agenda.
The City Council gave direction to staff, but
no reportable action was taken.
Adjourned: 9:15 PM.
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 8, 2025
From: Brad McKinney, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Adopt a Resolution Approving the Engineer’s Report on the Boulevard Assessment District, Declaring Intention to Levy and Collect an Increased Assessment, and Fixing a Time and Place for a Public Hearing for Boulevard Open Space Maintenance District No. 1, Tract 32818, Boulevard ____________________________________________________________________________
SUMMARY
Adoption of a Resolution that approves the Engineer’s Report on the Boulevard Assessment District, declares the City Council's intent to levy and collect an increased assessment for Fiscal Year 2025-26, and fixes a time and place for a Public Hearing for Open Space Maintenance District No. 1, Tract 32818, Boulevard.
RECOMMENDATION
It is recommended that the City Council Adopt Resolution 2025-18, Boulevard Assessment District, approve the Engineer’s Report and declare an intent to levy and collect an increased Assessment for the Fiscal Year 2025-2026 and conduct a Public Hearing on May 27, 2025, for Open Space Maintenance District No. 1, Tract 32818, Boulevard.
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
FISCAL IMPACT
The funds collected from the assessment are used to offset costs incurred by the City for the maintenance of the Boulevard Landscape District. The fund balance for the Boulevard Assessment District has decreased in recent years with extensive tree removal and rising utility costs. An Assessment increase of 3.3%, reflective of changes in the Consumer Price Index, is proposed to stay current with maintenance fees for this District. The Assessment Rate for the
Approving Engineers Report for Open Space Maintenance District Boulevard Page 2 For the Meeting of April 8, 2025
Fiscal Year 2024-25 was $623.41 per parcel. The rate proposed for 2025-26 is $643.98 per parcel, which reflects an increase of $20.57 or 3.3%.
BACKGROUND
The Boulevard Open Space Maintenance District was formed under the provisions of the Landscape and Lighting Act of 1972, Division 15, Part 2, of the Streets and Highways Code of the State of California. The Act further establishes procedures for the annual levy of assessments which includes the approval of an Engineer’s Report and establishing a time and place for a Public Hearing. The Boulevard Assessment District consists of 19 homes that back up to a tree and ivy-covered slope on Paseo Dorado, as well as homes that take entry to their properties along Paseo Alondra.
In 2006, the 19 property owners in the Boulevard Open Space Maintenance District approved by ballot measure an annual Consumer Price Index adjustment for future years not to exceed 7% as necessary to cover the costs of maintenance, including increases in the costs of materials, labor, and utilities.
On February 11, 2025, the City Council adopted Resolution 2025-07 requesting the preparation of the Engineer’s Report for the annual levy of assessments for Open Space District No. 1, (Tract No. 32818, Boulevard) for the Fiscal year 2025-26.
In March 2025, the CPI numbers were released for 2024. City staff averaged the Consumer Price Increase percentages from February 2024 to February 2025, reaching an average of
3.3%.
DISCUSSION/ANALYSIS
The Engineer’s Report has been prepared with the scope of work to include general landscape, utilities such as water and electricity, as well as tree and irrigation system maintenance. The Engineer’s Report (Attachment 2) indicates an existing fund balance of $2,868.71. With total projected maintenance costs of $13,226.30 and an increased assessment of $12,235.65, there will still be a deficit of $990.65, bringing the Fiscal Year 2025-26 Ending Fund Balance to $1,878.06. This fund balance is set aside for reserve and emergency landscape maintenance.
The fund account for the Assessment has been depleted in the past three years due to several large projects on the property. Twenty new trees were planted in 2021, and repairs were done on the slopes due to a slide. The cost of water for irrigation has increased significantly due to increasing water rates.
Staff is requesting that the City Council Adopt Resolution 2025-17, Boulevard Assessment District, approve the Engineer’s Report and declare an intent to levy and collect an increased Assessment for the Fiscal Year 2025-2026, and conduct a Public Hearing on May 27, 2025, for Open Space Maintenance District No. 1, Tract 32818, Boulevard. As previously discussed, the Assessment Rate for the Fiscal Year 2024-25 is $623.41 per parcel. The annual rate proposed for Fiscal Year 2025-26 is $643.98 per parcel, which reflects an increase of $20.57 or 3.3%.
Approving Engineers Report for Open Space Maintenance District Boulevard Page 3 For the Meeting of April 8, 2025
ALTERNATIVES
The Council could elect not to adopt Resolution 2025-18, Boulevard Assessment District, and deny the Engineer’s Report for the Fiscal Year 2025-2026.
By not approving the Engineer’s Report and moving forward with the Public Hearing, the Council would be moving forward without an approved assessment which would lead to all costs associated with the Boulevard Assessment District being supplemented by the General Fund.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Scott Wasserman
Director of Parks & Recreation
Attachments:
1 Resolution 2025-18
2 Engineer’s Report for Fiscal Year 2025-26 for Open Space Maintenance District No.1, Tract 32818, Boulevard
ATTACHMENT 1
RESOLUTION 2025-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND DECLARING ITS INTENTION TO LEVY AND COLLECT AN ASSESSMENT FOR FISCAL YEAR 2025-26 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND ARTICLE XIIID OF THE
CALIFORNIA CONSTITUTION, AND FIXING A TIME AND PLACE FOR A
PUBLIC HEARING FOR HEARING OBJECTIONS FOR OPEN SPACE
MAINTENANCE DISTRICT NO. 1 (TRACT 32818, BOULEVARD)
WHEREAS, The San Dimas City Council formed Open Space Maintenance District No. 1, under Resolution No. 77-57 pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California; and
WHEREAS, the San Dimas City Council proposes the continued maintenance of landscaping improvements within said district for Fiscal Year 2025-2026; and WHEREAS, the City Council of the City of San Dimas finds that the levy of an assessment at the same amount as last year is exempt from the procedure and approval process of Section 4 of Article XIIID of the California Constitution pursuant to Section 5(b) of Article XIID, and
WHEREAS, the amount of the assessment may be less than the amount to pay for the cost of maintaining the landscaping in the District in future years, and therefore could be adjusted following an advertised public hearing to reflect changes in the Consumer Price Index not to exceed 7% as approved by the district ballot election on June 27, 2006.
WHEREAS, an Engineer’s Report, as required by law, has been presented to and approved by the City Council of the City of San Dimas which provides for an increase in the levied assessment for the District by the Consumer Price Index rate of 3.3% for the fiscal year 2025-2026,
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas, does resolve that:
SECTION 1. The City Council proposes to levy and collect an assessment to maintain improvements within Open Space Maintenance District No.1, (Tract No. 32818) for Fiscal Year 2025-26.
SECTION 2. The scope of the maintenance work includes the maintenance and restoration of landscaping improvements, including irrigation, pruning, pest control, fertilization, weed control, drainage system, major tree trimming, and miscellaneous related work within said district.
SECTION 3. The Engineer’s Report calls for a total of $12,235.65 to be collected for Fiscal Year 2025-2026 resulting in a yearly assessment per parcel of $643.98, which is a yearly assessment increase of $20.57 per parcel, or 3.3%.
Resolution 2025-18 Approving Engineer’s Report to Levy Assessment Page 2 for Open Space Maintenance District Boulevard
April 8, 2025
SECTION 4. Future year cost of maintenance of the improvements, including increases in cost of materials, labor and utilities, will cause the amount of the annual assessment to be increased by an amount that will not exceed changes in the Consumer Price Index.
SECTION 5. The City Council, by this resolution, hereby approves the Engineer’s Report which indicates the amount of the proposed assessments, the district boundary, assessment zones, and detailed description of improvements. A copy of said report is on file in the office of the City Clerk.
SECTION 6. That the 27th of May, 2025, at the hour of 7:00 p.m., in the San Dimas City Council Chambers, 245 East Bonita Avenue, San Dimas, California, is hereby set as the Public Hearing where any and all persons having any objection to the levy of the proposed assessment may appear and show cause why said work should not be done or carried out in accordance with this resolution of intention. The City Council will consider all oral and written protests.
PASSED, APPROVED AND ADOPTED this 8th day of April 2025. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk
Resolution 2025-18 Approving Engineer’s Report to Levy Assessment Page 3 for Open Space Maintenance District Boulevard
April 8, 2025
I, Debra Black, City Clerk, hereby certify that Resolution 2025-18 was adopted by the City Council of San Dimas at its regular meeting of April 8, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Debra Black, City Clerk
ATTACHMENT 2
CITY OF SAN DIMAS
OPEN SPACE MAINTENANCE DISTRICT NO. 1 (TRACT NO. 32818, BOULEVARD DEVELOPMENT)
ENGINEER'S REPORT
FISCAL YEAR 2025-26
SECTION 1 AUTHORITY FOR REPORT
This report is prepared pursuant to the order of the City Council of the City of San Dimas, and in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, and Article XIII D of the California Constitution.
SECTION 2 THE IMPROVEMENTS
The improvements consist of an irrigation system and landscaping within Lot 20 of Tract No. 32818, which was required to be installed by the developer and accepted for maintenance by the City. The plans and specifications for the landscaping are in conformance with the requirements of the conditions of approval of said Tract No. 32818, and City Standards. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of thisreport, and are on file in the office of the City Engineer.
SECTION 3 DIAGRAM FOR THE ASSESSMENT DISTRICT
A copy of the assessment diagram is on file in the office of the City Engineer.
SECTION 4 ESTIMATE OF COSTS OF THE IMPROVEMENTS
The cost of the initial landscaping of Lot 20 of Tract No. 32818 was borne by the subdivider; therefore, all assessments relate to maintenance only.
Direct Maintenance Costs:
General Maintenance (by Contract)
Utilities - Electrical
Utilities - Water
$4,839.65
$261.41
$8,125.24
Tree Trimming $0.00
Irrigation Repairs or Upgrades $0.00
Total of DirectMaintenance Costs: $13,226.30
CURRENT ASSESSMENT:
2025-2026 ANNUAL ASSESSMENT:
$11,844.77 ($623.41/parcel)
$12,235.65 ($643.98/parcel)
2025-2026 Deficit <$990.65>
Prior Fund Balance
Ending Fund Balance
$2,868.71
$1,878.06
Note: The costs aforementioned are more than the Annual Assessment and there is a minimal deficit for FY 2025-26. The assessment is subject to an annual adjustment tied to the Consumer Price Index-U for the Los Angeles Area as of December of each succeeding year (the "CPI") with a maximum annual adjustment rate not to exceed 7%. Page 42 – 274
The change in the CPI from February 2024 to February 2025 was 3.3%. Therefore, the maximum authorized assessment rate for Fiscal Year 2025-2026 is increased by 3.3% which equates to an annual assessment of $12,235.65 ($643.98/parcel). The annual increase per parcel is $20.57.
SECTION 5 ASSESSMENT
The following information regarding assessments to individual lots for the 2025-2026 Fiscal Year is contained herein and is to be levied on July 1, 2025. The net amount estimated to be assessed upon the assessable lands within the district is $12,235.65, which is apportioned to all assessable lots shown on the attached Assessment Roll.
The landscape district was developed for the benefit and enjoyment of all properties included within the assessment district boundaries, and all parcels benefit equally from the improvements.
Respectfully submitted,
Shari Garwick
Director of Public Works
Dave Gilbertson, P.E.
Deputy City Engineer
CITY OF SAN DIMAS ASSESSMENT ROLL FOR
OPEN SPACE MAINTENANCE DISTRICT NO. 1
TRACT NO. 32818 - BOULEVARD DEVELOPMENT
2025-2026 TOTAL
2025-2026
ASSESSMENT
LOT NO. ASSESSOR'S
REFERENCE
2024-2025 ASSESSMENT
ADDRESS ASSESSMENT INCREASE
1204 Via Verde
1228 Via Verde
1236 Via Verde
1244 Via Verde
1252 Via Verde
1260 Via Verde
1306 Via Verde
1318 Via Verde
1322 Via Verde
1330 Via Verde
1338 Via Verde
1346 Via Verde
1354 Via Verde
1362 Via Verde
1219 Paseo Dorado
1203 Paseo Dorado
1220 Via Verde
1211 Paseo Dorado
1212 Via Verde
4 7
8448-021-027
8448-021-032
8448-021-033
8448-021-034
8448-021-035
8448-021-036
8448-021-037
8448-021-038
8448-021-039
8448-021-040
8448-021-041
8448-021-042
8448-021-043
8448-021-044
8448-021-046
8448-021-047
8448-021-048
8448-021-049
8448-021-050
623.41
623.41
623.41
623.41
623.41
623.41
623.41
623.41
623.41
623.41
623.41
623.41
623.41
623.41
623.41
623.41
623.41
623.41
623.41
11,844.77
20.57 20.57
20.57 643.98
643.98
8 643.98
9 20.57
20.57 20.57
20.57 20.57
20.57 20.57
20.57 20.57
20.57 20.57
20.57 20.57
20.57 643.98
643.98
643.98
643.98
643.98
643.98
643.98
643.98
643.98
643.98
643.98
643.98
643.98
643.98
10 11
12 13
14 15
16 17
18 19
1 3
6 20.57
20.57 643.98
643.98
2 5
389.50 12,235.65
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 8, 2025
From: Brad McKinney, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Adopt a Resolution Approving the Engineer’s Report on the Northwoods Assessment District, Declaring Intention to Levy and Collect an Assessment, and Fixing a Time and Place for a Public Hearing for Open Space Maintenance District No. 1, Annexation No. 3, Tract 32841, Northwoods ____________________________________________________________________________
SUMMARY
Adoption of a Resolution that approves the Engineer’s Report on the Northwoods Assessment District, declares the City Council’s intent to levy and collect an assessment for Fiscal Year 2025-26, and fixes a time and place for a Public Hearing for Open Space Maintenance District No. 1, Annexation No. 3, Tract 32841, Northwoods.
RECOMMENDATION
It is recommended that the City Council Adopt Resolution 2025-19, Northwoods Assessment District, approving the Engineer’s Report and declaring an intent to collect an Assessment for the Fiscal Year 2025-26, and conduct a Public Hearing for May 27, 2025, for Open Space Maintenance District No. 1, Annexation No. 3, Tract 32481, Northwoods.
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
FISCAL IMPACT
The funds collected from the assessment are used to offset costs incurred by the City for maintenance of the Northwoods Landscape District.
BACKGROUND
Approving Engineer’s Report on Open Space Maintenance District No. 1, Annexation No. 3, Tract 32841, Northwoods Page 2
For the Meeting of April 8, 2025
The Northwoods Open Space Maintenance District was formed in 1978 under the provisions of the Landscape and Lighting Act of 1972, Division 15, Part 2, of the Streets and Highways Code of the State of California. The District is located west of Ladera Sera Park, south of Avenida Ladera and east of Via Palomares.
The City collects an annual assessment from 38 private homeowners to provide general maintenance services to the landscape district. The maintenance work is completed by a landscape contractor and includes maintenance of the landscaping, irrigation system, and regular tree trimming. The Streets and Highways Code of the State of California further establish procedures for the annual levy of assessments, which includes the approval of an Engineer’s Report that estimates anticipated expenses incurred by the City for maintaining the area in the upcoming fiscal year.
The residents of the assessment district were given the option to vote for an increase in the assessment on May 9, 2023. The vote was opposed by 70% of the ballots submitted. The City Council then directed staff to revise the original Engineer’s Report for reduced maintenance to match the amount that is collected through assessments. At meetings prior to the vote, residents vehemently voiced opposition to any future assessment as well. The assessment sunsets on January 1, 2027, at which time the City will no longer have any responsibility in the maintenance of these properties.
On February 11, 2025, the City Council adopted Resolution 2025-08 requesting the preparation of the Engineer’s Report for the annual levy of assessments for Open Space District No. 1, Annexation No. 3 (Tract No. 32841, Northwoods) for the Fiscal Year 2025-26. The Engineer’s Report (Attachment 2) projects no deficit for the Fiscal Year 2025-26.
DISCUSSION/ANALYSIS
The Engineer’s Report has been prepared with the scope of work to include general landscape, utilities such as water and electricity, as well as tree and irrigation system maintenance. No increase is proposed in the Assessment rate. The Fiscal Year 2024-25 assessment rate was $898.42 per parcel and the rate proposed for Fiscal Year 2025-26 will remain at $898.42 per parcel.
There is no General Fund subsidy requested to allow for the same level of service to continue for the landscape district in FY 2025-2026. Staff will provide services that correspond to the available budget.
ALTERNATIVES
The Council could elect not to adopt Resolution 2025-19, Northwoods Assessment District, and deny the Engineer’s Report for the Fiscal Year 2025-2026.
By not approving the Engineer’s Report and moving forward with the Public Hearing, the Council would be moving forward without an approved assessment which would lead to all costs associated with the Northwoods Assessment District being supplemented by the General Fund.
Approving Engineer’s Report on Open Space Maintenance District No. 1, Annexation No. 3, Tract 32841, Northwoods Page 3
For the Meeting of April 8, 2025
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Scott Wasserman
Director of Parks & Recreation
Attachments:
1. Resolution 2025-19
2. Engineer's Report for Fiscal Year 2025-26 Northwoods
ATTACHMENT 1
RESOLUTION 2025-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND DECLARING ITS INTENTION TO LEVY AND COLLECT AN ASSESSMENT FOR FISCAL YEAR 2025-26 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND ARTICLE XIIID OF THE
CALIFORNIA CONSTITUTION, AND FIXING A TIME AND PLACE FOR A PUBLIC
HEARING FOR HEARING OBJECTIONS FOR OPEN SPACE MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 3, (TRACT 32841, NORTHWOODS) WHEREAS, The San Dimas City Council formed Open Space Maintenance District No. 1, under Resolution No. 78-38 pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California; and
WHEREAS, the San Dimas City Council proposes the continued maintenance of landscaping improvements within said district for Fiscal Year 2025-2026; and WHEREAS, the City Council of the City of San Dimas finds that the levy of an assessment at the same amount as last year is exempt from the procedure and approval process of Section 4 of Article XIIID of the California Constitution pursuant to Section 5(b) of Article XIID, and
WHEREAS, an Engineer’s Report, as required by law, has been presented to and approved by the City Council of the City of San Dimas which provides for the levied assessment at the same rate as last year for the District, and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas, does resolve that:
SECTION 1. The City Council proposes to levy and collect an assessment to maintain improvements within Open Space Maintenance District No.1, Annexation No. 3 (Tract No. 32841) for Fiscal Year 2025-26.
SECTION 2. The scope of the maintenance work includes the maintenance and restoration of landscaping improvements, including irrigation, pruning, pest control, fertilization, weed control, drainage system, major tree trimming, and miscellaneous related work within said district.
SECTION 3. The Engineer’s Report calls for a total of $34,140.00 to be collected for Fiscal Year 2025-2026 resulting in a yearly assessment per parcel of $898.42, which is the same assessment rate as adopted for Fiscal Year 2024-2025.
SECTION 4. The City Council, by this resolution, hereby approves the Engineer’s Report which indicates the amount of the proposed assessments, the district boundary, assessment zones, and detailed description of improvements. A copy of said report is on file in the office of the City Clerk.
Resolution 2025-19 Approving Engineer’s Report to Levy Assessment for Open Space Maintenance District Northwoods Page 2
April 8, 2025
SECTION 5. That the 27th of May, 2025, at the hour of 7:00 p.m., in the San Dimas City Council Chambers, 245 East Bonita Avenue, San Dimas, California, is hereby set as the Public Hearing where any and all persons having any objection to the levy of the proposed assessment may appear and show cause why said work should not be done or carried out in accordance with this resolution of intention. The City Council will consider all oral and written protests.
PASSED, APPROVED AND ADOPTED this 8th day of April, 2025. _____________________________________
Emmett G. Badar, Mayor
ATTEST:
_____________________________
Debra Black, City Clerk
Resolution 2025-19 Approving Engineer’s Report to Levy Assessment for Open Space Maintenance District Northwoods Page 3
April 8, 2025
I, Debra Black, City Clerk, hereby certify that Resolution 2025-19 was adopted by the City Council of San Dimas at its regular meeting of April 8, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Debra Black, City Clerk
CITY OF SAN DIMAS
OPEN SPACE MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 3 (TRACT NO. 32841, NORTHWOODS DEVELOPMENT)
ENGINEER'S REPORT
FISCAL YEAR 2025-2026
SECTION 1 AUTHORITY FOR REPORT
This report is prepared pursuant to the order of the City Council of the City of San Dimas, and in compliance with the requirements of Article 4, Chapter 1,Landscaping and Lighting Act of 1972, and Article XIII D of theCalifornia Constitution.
SECTION 2 THE IMPROVEMENTS
The improvements consist of an irrigation system and landscaping of easements within Tract No. 32841, which was required to be installed by the developer and accepted for maintenance by the City.
The plans and specifications for the landscaping are in conformance with the requirements of the conditions of approval ofsaid Tract No. 32841, and City Standards. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of this report, and are on file in the office of the City Engineer.
SECTION 3 DIAGRAM FOR THE ASSESSMENT DISTRICT
A copy of the assessment diagram is on file in the office of the City Engineer.
SECTION 4 ESTIMATE OF COSTS OF THE IMPROVEMENTS
The cost ofthe initial landscaping ofTract No. 32841was bornebythe subdivider; therefore, all assessments relate to maintenance only.
Direct Maintenance Costs:
General Maintenance (bv Contract) $21,939.89
Utilities - Electrical $201
Utilities - Water $11,999.11
Tree Trimming $0.00
New Planting $0.00
Irrigation Repairs or Upgrades $0.00
Total of Direct Maintenance Costs: $34,140.00
CURRENT ASSESSMENT: $34,140.00 ($898.42/parcel)
2024-2025 ANNUAL ASSESSMENT: $34,140.00 ($898.42/parcel) 2024-2025 Deficit <$0.00>
Prior Fund Balance: <$20,401.48>
Ending Fund Balance: <$20,401.48>
ATTACHMENT 2
Note: The aforementioned costs match the current allowable assessment. The Ending Fund Balance is unchanged and has a shortfall of $20,401.48.
The maximum authorized assessment rate for the 2025-2026 Fiscal Year equates to an annual assessment of $34,140.00 ($898.42/parcel).
SECTION 5 ASSESSMENT
The following information regarding assessments to individual lots for the 2025-2026 Fiscal Year is contained herein and is to be levied on July 1, 2025. The net amount estimated to be assessed upon the assessable lands within the district is $34,140.00 ($898.42/parcel), which is apportioned to all assessable lots shown on the attached Assessment Roll.
The landscape district was developed for the benefit and enjoyment of all properties included within the assessment district boundaries, and all parcels benefit equally from the improvements.
Respectfully submitted,
Shari Garwick
Director of Public Works
CITY OF SAN DIMAS ASSESSMENT ROLL FOR
OPEN SPACE MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 3 TRACT 32841 – NORTHWOODS DEVELOPMENT
ADDRESS LOT NO. ASSESSOR'S
REFERENCE
2024-2025
ASSESSMENT
2025-2026
ASSESSMENT
INCREASE
TOTAL 2025-2026
ASSESSMENT
1793 Calle Alto 1 8395-023-002 898.42 0.00 898.42
1789 Calle Alto 2 8395-023-003 898.42 0.00 898.42
1785 Calle Alto 3 8395-023-004 898.42 0.00 898.42
1781Calle Alto 4 8395-023-005 898.42 0.00 898.42
1777 Calle Alto 5 8395-023-006 898.42 0.00 898.42
1773 Calle Alto 6 8395-023-007 898.42 0.00 898.42
1767 Calle Alto 7 8395-023-008 898.42 0.00 898.42
1765 Calle Alto 8 8395-023-009 898.42 0.00 898.42
1761 Calle Alto 9 8395-023-010 898.42 0.00 898.42
1757 Calle Alto 10 8395-023-011 898.42 0.00 898.42
1753 Calle Alto 11 8395-023-012 898.42 0.00 898.42
1749 Calle Alto 12 8395-023-013 898.42 0.00 898.42
1745 Calle Alto 13 8395-023-014 898.42 0.00 898.42
1741Calle Alto 14 8395-023-015 898.42 0.00 898.42
1737 Calle Alto 15 8395-023-016 898.42 0.00 898.42
1733 Calle Alto 16 8395-023-017 898.42 0.00 898.42
1729 Calle Alto 17 8395-023-018 898.42 0.00 898.42
1725 Calle Alto 18 8395-023-019 898.42 0.00 898.42
1721 Calle Alto 19 8395-023-020 898.42 0.00 898.42
1719 Calle Alto 20 8395-023-021 898.42 0.00 898.42
1702 Calle Alto 21 8395-023-022 898.42 0.00 898.42
1706 Calle Alto 22 8395-023-023 898.42 0.00 898.42
1710 Calle Alto 23 8395-023-024 898.42 0.00 898.42
1714 Calle Alto 24 8395-023-025 898.42 0.00 898.42
1718 Calle Alto 25 8395-023-026 898.42 0.00 898.42
1722 Calle Alto 26 8395-023-027 898.42 0.00 898.42
1726 Calle Alto 27 8395-023-028 898.42 0.00 898.42
1730 Calle Alto 28 8395-023-029 898.42 0.00 898.42
1121 Paseo Sandi 29 8395-023-030 898.42 0.00 898.42
1113 Paseo Sandi 30 8395-023-031 898.42 0.00 898.42
1105 Paseo Sandi 31 8395-023-032 898.42 0.00 898.42
1102 Paseo Sandi 32 8395-023-033 898.42 0.00 898.42
1110 Paseo Sandi 33 8395-023-034 898.42 0.00 898.42
1118 Paseo Sandi 34 8395-023-035 898.42 0.00 898.42
1780 Calle Alto 35 8395-023-036 898.42 0.00 898.42
1784 Calle Alto 36 8395-023-037 898.42 0.00 898.42
1788 Calle Alto 37 8395-023-038 898.42 0.00 898.42
1792 Calle Alto 38 8395-023-039 898.42 0.00 898.42
34,139.96 0.00 34,139.96
OPEN SPACE MAINTENANCE DISTRICT NO. 1,
ANNEXATION NO. 3 (TRACT 32841,
NORTHWOODS DEVELOPMENT)
:t AVENID6.
ASSZ3.SC 'S -
1 "-
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 8, 2025
From: Brad McKinney, City Manager
Prepared by: Travis Sais, Assistant City Manager
Subject: Approve and Authorize the City Manager to Execute an Agreement with the County of Los Angeles for Public Health Services
____________________________________________________________________________
SUMMARY
The City of San Dimas has utilized the public health services provided by Los Angeles County since the City's incorporation in 1960. The most recent agreement for these services between the City of San Dimas and Los Angeles County dates back to 1963. Recognizing that this agreement is outdated, the County has sought to update its agreements with all cities to modernize the current 1963 version. The City Attorney’s Office and City staff have reviewed the proposed updated agreement and determined it contains no substantive changes.
RECOMMENDATION
City Staff recommends the City Council:
• Approve and authorize the City Manager to execute an Agreement approved by the City Attorney, with the County of Los Angeles for Public Health Services.
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
FISCAL IMPACT
There is no fiscal impact with respect to the recommended action. The Los Angeles Department of Public Health (DPH) provides the local administration of public health services to cities on a no-cost basis.
Public Health Services Agreement Page 2
For the Meeting of April 8, 2025
BACKGROUND
The City of San Dimas is one of 85 cities in the County that have existing contracts with the County of Los Angeles for public health services. Over the last several years, the DPH has been working to update its outdated agreement and is now asking cities to review and execute the agreement in order to continue providing local public health services.
DISCUSSION/ANALYSIS
The proposed updated agreement aligns with state law regarding public health functions and encompasses the following services: public health statistics, communicable disease control, medical and nursing services promoting maternal and child health, environmental health and sanitation services, health education programs, public health laboratory and testing services, public health nursing services, and services addressing nutrition, chronic disease, family planning, and the social determinants affecting health.
According to the attached County staff report, the DPH provides local public health services to cities at no cost. For facilities or locations requiring a County-issued public health permit, the contract continues to permit the County to exclusively collect the necessary permit fees to fund its operations. For the administration of other public health services that do not require a permit, DPH will continue to use its current funding sources.
This contract permits the DPH to charge the City a cost reimbursement fee in two specific instances: (1) for inspections of City-owned or operated detention facilities, as mandated by Health and Safety Code section 101045; and (2) for additional public health administration or inspection services specifically requested by the City that are either non-customary or fall outside the scope of public health services outlined in this contract.
Therefore, entering into the proposed agreement will not create any cost burden for the City unless we specifically request additional services. Furthermore, it will not increase costs for businesses, residents, and organizations within the city for the public health services they currently receive, due to the economies of scale provided by the DPH. The update to this agreement addresses changes in state law, terminology, and practice that have accumulated over the past 60+ years. The County Board of Supervisors approved the new agreement in October 2024, and the DPH is currently circulating the contracts to all cities for approval.
ALTERNATIVES
Alternatives to renewing this agreement include contracting with another city that has its own Public Health Department to provide the necessary services to our City, its businesses, residents, and organizations, or establishing our own Public Health Department. Currently, the City of West Covina is in the process of forming its own department, a process initiated in February 2021 that has not yet received approval through the State's regulatory process. Neither of these alternatives is recommended due to the potential for increased costs, disruption of services, and significant staff burdens.
Regarding termination, Section 7 of the proposed agreement, titled "TERMINATION FOR CONVENIENCE," states that the services under the agreement "may be terminated, with or without cause, in whole or in part, from time to time when such action is deemed by County or City to be in their own best interest. Termination of services hereunder shall be effectuated by the delivery of an advance written Notice of Termination of the entire Contract by one party to the
Public Health Services Agreement Page 3
For the Meeting of April 8, 2025
other at least one hundred and eighty (180) calendar days prior to July 1 of the following calendar year." Consequently, if at any point in the future the City determines that the relationship or agreement is not in its best interest, action can be taken to terminate the agreement.
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,
Travis Sais
Assistant City Manager
Attachments:
1. DPH Contract No. PH-005654
2. Los Angeles County Staff Report – October 2024
City of San Dimas – PH-005654
Contract No. PH-005654
DEPARTMENT OF PUBLIC HEALTH
PUBLIC HEALTH SERVICES CONTRACT
THIS CONTRACT “Contract” is made and entered into on _______________ by and between COUNTY OF LOS ANGELES
(hereafter "County")
and CITY OF SAN DIMAS
(hereafter "City")
THIS PUBLIC HEALTH SERVICES CONTRACT ("Contract") is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of San Dimas hereinafter referred to as "City."
RECITALS:
The City desires to continue to contract with the County for the performance of public health services by the County’s Department of Public Health (“Public Health”), for the County’s Health Officer to act as the City’s Health Officer, and for the County's Department of Public Health to serve as the City's Environmental Health Department.
The County agrees to continue performing such services on the terms and conditions set forth in this Contract.
This Contract is authorized by California Health and Safety Code Sections 101400 and 101405.
To effectuate public health services for the City, the County and its duly appointed Health Officer shall exercise the powers and duties that are conferred upon local health officers by law.
ATTACHMENT 1
City of San Dimas – PH-005654
The County Health Officer shall fulfill the obligations and exercise the authority conferred by California Health and Safety Code Sections 101470 and 101475 within the territorial jurisdiction of the City in the performance of this Contract.
THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. TERM: This Contract shall become effective upon date of execution, and replace all prior contracts for public health services between the City and County.
This contract shall continue in full force and effect until June 30, 2029. Subject to Section 7 below, this Contract shall thereafter be automatically renewed for consecutive five (5) year terms, for an indefinite period, without further action by either City or County, unless City or County terminates the Contract in the manner set forth in Section 7.
2. PUBLIC HEALTH SERVICES: The County and the County’s Health Officer shall observe and enforce within the territorial jurisdiction of the City all of the following:
a. Orders, quarantine, and other regulations, concerning public health, prescribed by the California Department of Public Health (“CDPH”). b. Statutes relating to public health.
c. Provisions of Los Angeles County Code, Title 11, and any amendments thereto, as adopted by City by ordinance or resolution, to the same extent as they are enforced in the unincorporated area of the County.
3. DESCRIPTION OF PUBLIC HEALTH FUNCTIONS:
a. The performance of all public health services, the standard of performance and other matters incidental to the performance of public health services and observation and enforcement of public health statutes, regulations, ordinances and CDPH orders and guidance shall be determined solely at the discretion of the County Health Officer and/or Director of County
City of San Dimas – PH-005654
Public Health. The control of County personnel under this Contract shall remain exclusively with the County.
b. The County agrees to continue to perform for the City such public health services as are authorized or mandated by state laws or regulations related to public health, to be performed by the local health officer or local enforcement agency.
i. Pursuant to California Health and Safety Code section 101045, the County shall investigate health and sanitary conditions in detention facilities operated by the City, if any. County may bill and receive payment from City for inspection and reporting services in the manner provided by Paragraph 4, subsections (g) and (h) of this Contract.
ii. For future enactments of state law or regulation, County agrees to perform public health services that impose a specific duty or obligation on the local health officer to observe or enforce. Should future state law statutory or regulatory enactment related to public health not impose a duty or obligation on the local health officer, City may request in writing that the County perform that public health service. Should County elect to perform that discretionary public health service for City, pursuant to such City request, then County may bill and receive payment from City for inspection and reporting services in the manner provided by Section 4, subsections (g) and (h) of this Contract.
c. The County agrees to continue to perform for the City such public health services as authorized or mandated by provisions of Title 11 of the Los Angeles County Code, and any amendments or additions thereto, that the City has adopted via ordinance or resolution.
i. Should the County Board of Supervisors enact future provisions to or amend existing provisions of Title 11 of the Los Angeles County Code, County will inform the City of the newly enacted provision or amendment via email to the City’s Manager, and describe the
City of San Dimas – PH-005654
enacted new provision or amendment and the impact to the services performed under this Contract, if any.
ii. For future ordinances that may be enacted by the Board of Supervisors into Title 11 of the Los Angeles County Code, in order for the County to observe and enforce that enacted ordinance within the City, the City must approve the incorporation of the identical version of that new Title 11 provision into its municipal code via ordinance or by resolution of the City Council. iii. Any future amendments to provisions of Title 11 of the Los Angeles County Code that exist in the City’s Municipal Code at the date of the execution of this Contract, shall be incorporated by the City into its municipal code.
d. The County shall issue public health permits and licenses to permittees located within the City and collect the fees as provided for in Los Angeles County Code, Title 8, Chapter 8.04. Such fees shall be retained by County Public Health for the benefit of County as full compensation for the services performed by the Public Health Director and County Health Officer on behalf of the City.
i. County may, from time to time, amend or alter the public health permit or license fees charged to those individuals or entities required to obtain a public health permit or license pursuant to either state statute or Los Angeles County Code, Title 8, Chapter
8.04. ii. City may not set, collect, or retain public health permit or license fees for any public health service performed by County under this Contract.
e. For the purpose of performing said functions, County shall furnish and supply all necessary labor, supervision, equipment, and supplies necessary to provide the public health services described in this Contract and as necessary to protect the public health, safety, and welfare as determined by Public Health in its sole discretion. All persons employed in
City of San Dimas – PH-005654
the performance of public health services and functions under this Contract shall be County personnel.
4. GENERAL TERMS:
a. To facilitate the performance of public health services, City and County will cooperate and assist each other to fulfill the purpose and intent of this Contract.
b. Exhibit A of this Contract, which is attached hereto and incorporated herein, shall provide the language of the City’s Municipal Code, as amended, that reflects the City’s specific adoption of Division 1 of Title 11 of the Los Angeles County Code as of the effective date of this Contract.
Exhibit A may be revised to reflect any changes to the City’s Municipal Code regarding Title 11 of the Los Angeles County Code. c. All persons employed in the performance of such public health duties, functions and services for City shall be County employees or personnel and no City employee shall be supplanted by County, and no person employed by County under this Contract shall have any City pension, civil service, or any status or right.
d. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or be liable for compensation to or required to indemnify any County employee for injury or sickness arising out of his or her employment.
e. The parties have executed an Assumption of Liability Contract approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Contract approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Contract by reference. In the event that the Board of Supervisors later approves a revised Joint Indemnity Contract, and the City executes the
City of San Dimas – PH-005654
revised contract, the subsequent contract as of its effective date shall supersede the contract previously in effect between the parties hereto. f. City is not required to separately reimburse County for the performance or enforcement of any City ordinance or resolution which adopts identical provisions of Los Angeles County Code, Title 11, and its amendments. g. Should City request in writing additional public health services of the County, that are not required by statute, regulation or CDPH Order, or as provided in Title 11 of the Los Angeles County Code, the County may charge the City, at rates approved by the Board of Supervisors, an hourly rate that will reimburse the County for the costs for the provision of those specific public health services.
h. County, through its Director of Public Health, must render to City within twenty (20) calendar days after the close of each calendar month an itemized invoice which covers all extra services performed for City if such services were requested by the City in writing, during said month, and City must pay County within thirty (30) days after date of such invoice. i. If a violation of public health statutes, regulations or ordinances results in a public health hazard within the City, County will notify the City Manager in writing. If the City elects to pursue legal prosecution or abatement, City shall provide to County contact information for counsel that will represent the City or the People in any legal proceeding to abate or mitigate the public health hazard. City shall bear the full cost of such proceedings.
County may bill City on an hourly basis for time spent by County employees participating in such legal proceedings.
5. NOTICES: Notices hereunder must be in writing and may either be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, attention to the parties at the addresses listed below. Public Health Director, or the Director’s designee, is authorized to execute all notices or demands which are required or permitted by County under this Contract.
City of San Dimas – PH-005654
Addresses and parties to be notified may be changed by providing at least ten (10) working days prior written notice to the other party.
A. Notices to County must be addressed as follows:
(1) Department of Public Health
Environmental Health – Administrative Headquarters
5050 Commerce Drive
Baldwin Park, California 91706
Attention: Director, Environmental Health
E-mail: [email protected]
(2) Department of Public Health
Contracts and Grants Division
5555 Ferguson Drive, 2nd Floor, Suite 210
Commerce, CA 90022
Attention: Division Director
Email: [email protected]
(3) Department of Public Health
Office of the Director
Attention: Director, Public Health
313 North Figueroa Street
Los Angeles, CA 90012
Email: [email protected]
B. Notices to City must be addressed as follows:
(1) City of San Dimas
Attention: City Manager
245 East Bonita Avenue
San Dimas, CA 91773
Email: [email protected]
Phone: (909) 394-6200
6. GOVERNING LAW, JURISDICTION, AND VENUE: This Contract will be governed by, and will be construed in accordance with, the laws of the State of California. City agrees and consents to the exclusive jurisdiction of the courts of the State of California or the United States Courthouse, Central District, Western Division, for all purposes regarding this Contract and further agrees and consents
City of San Dimas – PH-005654
that venue of any action brought under this Contract shall be exclusively in the County of Los Angeles.
7. TERMINATION FOR CONVENIENCE: The performance of services under this Contract may be terminated, with or without cause, in whole or in part, from time to time when such action is deemed by County or City to be in their own best interest. Termination of services hereunder shall be effectuated by the delivery of an advance written Notice of Termination of the entire Contract by one party to the other at least one hundred and eighty (180) calendar days prior to July 1 of the following calendar year. The termination of services may only be effective on July 1 of the calendar year, so as to assure no lapse in public health and local health officer services to the residents of City.
8. ALTERATION OF TERMS/AMENDMENTS: The body of this Contract and any Exhibits attached hereto, and documents incorporated by reference, fully expresses all understandings of the parties concerning all matters covered and shall constitute the total Contract. No addition to, or alteration of, the terms of this Contract, whether by written or verbal understanding of the parties, their officers, employees or agents, shall be valid and effective unless made in the form of a written amendment to this Contract which is formally approved and executed by the parties in the same manner as this Contract.
9. INDEPENDENT CONTRACTOR STATUS: This Contract is by and between the County and City and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and City. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.
City of San Dimas – PH-005654
10. NO INTENT TO CREATE A THIRD-PARTY BENEFICIARY CONTRACT:
Notwithstanding any other provision of this Contract, the parties do not in any way intend that any person shall acquire any rights as a third-party beneficiary under this Contract.
11. VALIDITY: If any provision of this Contract or the application thereof to any person or circumstance is held invalid, the remainder of this Contract and the application of such provision to other persons or circumstances shall not be affected thereby.
12. WAIVER: No waiver by the County of any breach of any provision of this Contract shall constitute a waiver of any other breach or of such provision.
Failure of the County to enforce at any time, or from time to time, any provision of this Contract shall not be construed as a waiver thereof. The rights and remedies set forth in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. /
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City of San Dimas – PH-005654
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Contract to be subscribed by its Director of Public Health, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officer, the month, day, and year first written above.
CITY OF SAN DIMAS COUNTY OF LOS ANGELES
By: ____________________________ By: _____________________________ Brad McKinney Barbara Ferrer, Ph.D., M.P.H., M.Ed.
City Manager Director
Date: ___________________________ Date: ___________________________
APPROVED AS TO FORM APPROVED AS TO FORM
BY THE OFFICE OF THE CITY ATTORNEY BY THE OFFICE OF THE COUNTY COUNSEL JEFF MALAWY, City Attorney DAWYN R. HARRISON, County Counsel
By: ____________________________ APPROVED AS TO CONTRACT City Attorney ADMINISTRATION:
Department of Public Health
Date: ___________________________
By: _____________________________
Contracts and Grants Division
ATTEST:
DEBRA BLACK, City Clerk
Date: ___________________________
By: ____________________________
City Clerk
Date: ___________________________
(AFFIX CORPORATE SEAL HERE)
#07642:db
SAN DIMAS – PH-005654
Exhibit A:
CITIES - HEALTH OFFICER - ADOPTION OF COUNTY CODE
SAN DIMAS
ADOPTION OF OUR COUNTY CODE TITLE 8 & TITLE 11
8.04.010 Adopted—Where filed.
Except as otherwise amended in this chapter or Chapter 8.08 of this title, county Ordinance No. 7583, as amended, effective September 14, 1973, entitled “Los Angeles County Health Code,” as published in that certain book entitled “Public Health Code, County of Los Angeles,” is adopted, and the same shall become the health code of the city. Three copies of such county ordinance and health code are on deposit in the office of the city clerk and shall be at all times maintained by the city clerk for use and examination by the public. References to section numbers and amendments of the city health code are declared to be references to the section numbers contained in such volume of the county public health code. (Ord. 491, 1975; prior code § 24-1)
8.06.010 Adoption of Los Angeles County ordinance.
Ordinance No. 97-0071 of the county of Los Angeles entitled “An Ordinance Amending the Los Angeles County Code, Title 8 - Consumer Protection and Title 11 - Health and Safety, Relating to Food Establishments,” is adopted as an ordinance of the city of San Dimas regulating food establishments and by this reference is adopted as if fully set forth in this chapter.
(Ord. 1087 § 1, 1998)
CITY MUNICIPAL CODE EXCLUSION OF SPECIFIC PUBLIC HEALTH SERVICES None
Request approval to execute contracts for the administration of local public health services with 85 contracted cities (excluding Long Beach, Pasadena, and Vernon that have municipal public health departments) across Los Angeles County to reflect updated laws and revise outdated contract language.
SUBJECT
October 08, 2024
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Dear Supervisors:
APPROVAL TO EXECUTE 85 CITY CONTRACTS FOR PUBLIC HEALTH SERVICES
EXCLUDING THE CITIES OF LONG BEACH, PASADENA AND VERNON (ALL SUPERVISORIAL DISTRICTS)
(3 VOTES)
IT IS RECOMMENDED THAT THE BOARD:
1. Authorize and instruct the Director of the Department of Public Health (Public Health) to execute contracts substantially similar to Exhibit I, with the 85 cities listed in Attachment A, for public health services, effective upon date of execution through June 30, 2029, automatically renewed for consecutive five (5) year terms, for an indefinite period, at no cost to the County.
2. Delegate authority to the Director of Public Health, or designee, to execute amendments to the public health services contracts to correct errors, update exhibits to the contract, or revise the contract's terms and conditions.
31 October 22, 2024
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ATTACHMENT 2
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The County of Los Angeles (County) has existing public health services contracts with 85 cities across Los Angeles County. California law authorizes contracts for local public health administration between counties and cities. These contracts allow the County’s Health Officer to serve as the local health officer within the jurisdictions of the contracted cities. The County has performed these services through Public Health on behalf of the contracted cities for approximately 60 years. Many of these existing contracts were executed during the 1960s and have not been updated since they were originally executed. Accordingly, certain language and provisions of the contracts have become outdated given the changes in applicable law and public health practice over the course of the past seven decades. Public Health is offering these updated contracts to the 85 contracted cities, to replace the existing, but outdated contracts, in order to better align the language of the contract with current County public health practice and modernize the agreements with current statutory citations.
Approval of Recommendation 1 will allow for the continued administration of local public health within the cities, and continues the County’s performance of local health officer functions, including, inspection services, and observation and enforcement of public health laws and regulations within those cities.
Public Health has updated the language and statutory references for the City-County Public Health contracts after a stakeholder engagement process with a workgroup of representative contracted cities to gather feedback and answer questions.
Approval of Recommendation 2 will allow Public Health to execute amendments to the contracts to correct errors, update exhibits, or revise the contract’s terms and conditions, as necessary.
Implementation of Strategic Plan Goals
The recommended actions support North Star 2, Foster vibrant and resilient communities, Focus Area Goal F: Community Connections, Strategy ii. Community participation of the County Strategic Plan.
FISCAL IMPACT/FINANCING
Public Health provides the local administration of public health services to cities on a no-cost basis.
For facilities or locations that require a County issued public health permit, the contract continues to permit the County to solely collect the required public health permit fees to fund the cost of its operations. For the administration of other public health services that do not require a public health permit, Public Health will continue to provide those services using current funding sources. This contract permits Public Health to charge a cost reimbursement fee to a City in two instances: (1) For inspection of a City owned or operated detention facility pursuant to Health and Safety Code section 101045; (2) additional public health administration or inspection services that are specifically requested by the City and are either non-customary or outside of the scope of public health services under this contract.
There are no net County costs associated with this action.
The Honorable Board of Supervisors
10/8/2024
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
State law allows cities to contract with a County for the administration of local public health services and the performance by the County health officer of any enforcement functions within the City related to ordinances of public health and sanitation, and all inspections and other related functions within the City. (Health and Safety Code Section 101400). These contracting cities have consented to the County Health Officer to enforce and observe laws, orders and regulations related to public health within the city (Health and Safety Code Section 101405). Specific categories of State mandated public health functions performed by the County Health Officer for the cities are provided in Title 17 of the California Code of Regulations, Section 1276, and include the following services: public health statistics (birth and death certificates); communicable disease control (COVID-19, tuberculosis, hepatitis, sexually transmitted infections); medical and nursing services to promote maternal and child health; environmental health and sanitation services; health education programs; public health laboratory and testing services; public health nursing services; and services in nutrition, chronic disease, family planning, and the social determinants affecting health.
The current public health services contracts contain terms that are outdated, as the legal citations have changed. In 1991, the California State Legislature reorganized the Health and Safety Code.
Public Health updated the language and statutory references for the City-County Public Health contracts after a stakeholder engagement process with a workgroup of representative contracted cities to gather feedback and answer questions. The updated local administration of public health services contracts include these updated statutory references and updated contractual language that aligns current public health practice.
Exhibit I has been approved by County Counsel to form.
IMPACT ON CURRENT SERVICES (OR PROJECTS)
Approval of the recommended actions will not impact any current services provided by Public Health to the cities. It will allow Public Health to finalize updated agreements with cities that accurately reflect current laws and regulations, as well as aligning the contractual language with current public health practice. These updated contracts will continue existing public health services without interruption to the 85 contracted cities in Los Angeles County.
The Honorable Board of Supervisors
10/8/2024
Barbara Ferrer, PhD, MPH, MEd
Director
Enclosures
c: Chief Executive Officer
County Counsel
Executive Officer, Board of Supervisors
Respectfully submitted,
Barbara Ferrer, Ph.D., M.P.H., M.Ed.
Director
BF:db
#07642
The Honorable Board of Supervisors
10/8/2024
Attachment A
1 Agoura Hills 44 Lakewood
2 Alhambra 45 Lancaster
3 Arcadia 46 Lawndale
4 Artesia 47 Lomita
5 Avalon 48 Los Angeles
6 Azusa 49 Lynwood
7 Baldwin Park 50 Malibu
8 Bell 51 Manhattan Beach
9 Bell Gardens 52 Maywood
10 Bellflower 53 Monrovia
11 Beverly Hills 54 Montebello
12 Bradbury 55 Monterey Park
13 Burbank 56 Norwalk
14 Calabasas 57 Palmdale
15 Carson 58 Palos Verdes Estates
16 Cerritos 59 Paramount
17 Claremont 60 Pico Rivera
18 Commerce 61 Pomona
19 Compton 62 Rancho Palos Verdes
20 Covina 63 Redondo Beach
21 Cudahy 64 Rolling Hills
22 Culver City 65 Rolling Hills Estates
23 Diamond Bar 66 Rosemead
24 Downey 67 San Dimas
25 Duarte 68 San Fernando
26 El Monte 69 San Gabriel
27 El Segundo 70 San Marino
28 Gardena 71 Santa Clarita
29 Glendale 72 Santa Fe Springs
30 Glendora 73 Santa Monica
31 Hawaiian Gardens 74 Sierra Madre
32 Hawthorne 75 Signal Hill
33 Hermosa Beach 76 South El Monte
34 Hidden Hills 77 South Gate
35 Huntington Park 78 South Pasadena
36 Industry 79 Temple City
37 Inglewood 80 Torrance
38 Irwindale 81 Walnut
39 La Cañada-Flintridge 82 West Covina
40 La Habra Heights 83 West Hollywood
41 La Mirada 84 Westlake Village
42 La Puente 85 Whittier
43 La Verne
BL #07642
CITY
CITY CONTRACTS FOR PUBLIC HEALTH SERVICES
COUNTY OF LOS ANGELES - DEPARTMENT OF PUBLIC HEALTH
List of Contracted Cities
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 8, 2025
From: Brad McKinney, City Manager
Prepared by: Travis Sais, Assistant City Manager
Subject: Approve a Letter to the Los Angeles County Board of Supervisors Requesting Action to Reduce the Number of Vacancies within the Los Angeles County Sheriff’s Department and Support Adequate Detention Capacity County-wide ____________________________________________________________________________
SUMMARY
Councilmember Weber, supported by Mayor Pro Tem Nakano and Councilmember Bratakos, has requested the drafting of the attached letter. This letter requests the Los Angeles County Board of Supervisors to provide immediate relief for staffing shortages at the Los Angeles County Sheriff’s Department (LASD) through measures that enhance Deputy Sheriff recruitment efforts and expand available detention capacity across the County.
RECOMMENDATION
Staff recommends the City Council approve a letter to the Los Angeles County Board of Supervisors requesting action to reduce the number of vacancies within the Los Angeles County Sheriff’s Department and support adequate detention capacity County-wide.
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
FISCAL IMPACT
There is no fiscal impact with respect to the recommended action.
BACKGROUND
The costs of services provided by LASD continue to increase. The anticipated increase for fiscal year 2025-26 is projected to be 3.5% to 4.5% for the standard contract rate, with an additional
Letter to the Los Angeles County Board of Supervisors Regarding LASD Page 2 For the Meeting of April 8, 2025
0.5% for the Liability Trust Fund. Despite these cost increases, which have followed significant increases in recent years, Sheriff Robert Luna recently reported over 1,400 vacant positions and has expressed challenges related to the County’s need to reduce inmate populations in County jails.
DISCUSSION/ANALYSIS
As one of the 44 cities contracting with the LASD, there is a growing concern regarding the LASD's staffing crisis and the insufficient capacity of detention facilities County-wide. The staffing shortage is leading to deputy fatigue and a decline in the quality of services provided to City residents. There is also a concern that this staffing crisis will worsen as deputies choose to leave for other law enforcement agencies. As a City served by the Los Angeles County Sheriff’s Department, San Dimas will continue to be impacted by this ongoing staffing crisis.
ALTERNATIVES
The Council could choose not to send a letter, but this would mean potentially missing an opportunity to voice its concerns regarding a County-wide challenge that impacts public safety within the City.
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,
Travis Sais
Assistant City Manager
Attachments:
1. Draft Letter to the Los Angeles County Board of Supervisors
Director of Administrative
Services
Michael O’Brien
Director of Community
Development
Luis Torrico
Director of Parks and
Recreation
Scott Wasserman
Director of Public Works
Shari Garwick
ATTACHMENT 1
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209 sandimasca.gov City Council
Emmett Badar, Mayor
Eric Nakano, Mayor Pro Tem – District 2
Rachel Bratakos - District 3
Ryan A. Vienna, - District 4
Eric Weber - District 1
City Manager
Brad McKinney
Assistant City Manager
Travis Sais
City Attorney
Jeff Malawy
April 8, 2025
Honorable Kathryn Barger
Los Angeles County Supervisor, 5th District
Los Angeles Hall of Administration
500 West Temple Street
Los Angeles, CA 90012
Dear Supervisor Barger,
The City of San Dimas maintains a longstanding partnership with Los Angeles County to keep our community safe, and public safety continues to be a top priority for residents and the City. For many years the Sheriff’s Department has been unable to provide the staffing levels our community needs to properly patrol and secure our neighborhoods. Furthermore, even when arrests are made, the County has been unable to adequately provide the necessary detention facilities to hold those convicted of crimes, resulting in arrestees being released back into our communities.
It is readily apparent that the primary challenges hindering our ability to maintain public safety in our communities are twofold. First, the Department's inability to recruit a sufficient number of personnel to fill existing and anticipated vacancies. Second, the inadequacy and lack of sufficient detention facilities to hold those convicted of serious crimes. Without significant action by the County to increase recruitment efforts and the availability of detention facilities, the quality of service will continue to decline. The community has made it clear that neighborhood safety is a priority, and we hope the County will respond accordingly.
Our local San Dimas Station personnel are overburdened and heavily reliant on overtime to meet basic contractual obligations. Furthermore, when our deputies are able to make arrests, the Department is often forced to release individuals, who then return to our neighborhoods. We have witnessed firsthand the toll these staffing and detention shortages are taking on the morale of the personnel serving our community, and, just as importantly, the impact it has on the public’s perception of law enforcement.
We urge you to match the sentiments of Sheriff Robert Luna and take all measures necessary to improve and bolster recruitment efforts for the Department. We also urge you to expedite plans for additional detention capacity Couty-wide. These investments are critical to ensure the County can continue to provide the public safety services our community relies on and that our residents demand.
Letter to Los Angeles County Board of Supervisor Kathryn Barger 2 April 8, 2025
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209 sandimasca.gov Sincerely,
_____________________
Emmett Badar
Mayor
_____________________
Eric Nakano
Mayor Pro Tem
______________________
Rachel Bratakos
Councilmember
______________________
Eric Weber
Councilmember
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 8, 2025
From: Brad McKinney, City Manager
Prepared by: Esau Ramos, Public Works Maintenance Manager Subject: Appropriate $1,558,000 to Various Fund 100 Vehicle Account Numbers for Vehicle Purchase and Outfit of Fifteen Fleet Vehicles. Authorize Purchase of Vehicles Through the Statewide Contract Fleet Vehicle Pricing and in Accordance with City Purchasing Rules with Downtown Ford, Tom’s Truck Center, Bearcom, and California Truck Equipment Co. (CTEC) for a Total Amount of $1,270,464.45 with a Contingency of $287,535.55 ____________________________________________________________________________
SUMMARY
This item authorizes the replacement of fifteen fleet vehicles using the California Statewide Contract for Fleet Vehicles for a total of $1,270,464.45 with a contingency amount of $287,535.55. This item utilizes the exception to competitive bidding authorized under San Dimas Municipal Code Section 3.28.120E. This would allow the vehicles to be ordered under the current pricing scheme in advance of expected tariffs which may impact new vehicle pricing by an estimated 10%.
RECOMMENDATION
Staff recommends the City Council:
• Approve the Purchase and Outfit of Fifteen Vehicles through the Statewide Contract Fleet Vehicle and Outfit of Fifteen Fleet Vehicles in Accordance with City Purchasing Rules with Downtown Ford, Tom’s Truck Center, Bearcom, and California Truck Equipment Co. for a Total Amount of $1,270,464.45 with a contingency amount of $287,535.55. • Approve an appropriation of $1,558,000.00 to various vehicle accounts in Fund 100 as shown in the table in this staff report.
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
Yes
Approve the Purchase and Outfit of Fifteen Fleet Vehicles, through the Statewide Contract Fleet Vehicle Pricing and in Accordance with City Purchasing Rules for a Total Amount of $1,270,464.45 with a contingency of $287,535.55. Approve an appropriation of $1,558,000.00 to Various Vehicle Accounts in Fund 100 Page 2
For the Meeting of April 8, 2025
FISCAL IMPACT
With Council approval, the appropriation of $1,558,000 in Fund 100, the Capital Assets Reserves Fund, would fund the purchase and outfitting of the following vehicles:
Quantity Vehicle Type Account Number Budget
2 F-250 Trucks 100.4314.039.001 $203,000.00
2 F-150 Trucks 100.4314.039.006 $196,000.00
3 F-550 Trucks 100.4314.039.013 $486,000.00
1 F-650 Dump Truck 100.4314.039.012 $130,000.00
1 Izusu NPR Stake Bed Truck 100.4314.039.015 $90,000.00 3 Building/Code Enforcement
Vehicle
100.4314.039.025 $210,000.00
1 Outfit Existing F-450 Box Truck 100.4314.039.016 $67,000.00 1 Low Roof Cargo Van 100.4314.039.017 $65,000.00
1 F-350 Truck 100.4314.039.007 $111,000.00
The appropriation into this 2024-25 fiscal year would allow staff to execute purchase orders under the current state contract pricing listed in the table above, which is likely to increase significantly by the next fiscal year.
Since the invoice would not be received until the 2025-26 fiscal year approving this allocation and the execution of the purchase orders would require that Council approve the budget appropriations for these purchases with the adoption of the 2025-26 operating and capital improvement plan budget
As most of the vehicle and outfitting quotes are only good for a short period of time (typically 30 days), staff requests that the City Manager be authorized to approve minor adjustments in cost not to exceed a contingency of $287,535.55 in the event the cost of outfitting or vehicle price changes. Delivery of vehicles usually takes several months once the order is accepted, putting the cost of outfitting outside the duration of the quoted pricing.
The current account balance of the Fund 100 Capital Assets Reserve is $7,695,743.
Most of the replaced vehicles will be sold at public auction. The estimated amount the City will receive through the public auction is $101,000. The amount received is dependent upon the sale price and is highly variable depending on age, configuration, and market conditions.
BACKGROUND
The City vehicle fleet is utilized by our Public Works, Parks & Recreation, Facility Maintenance, and Building/Code Compliance staff to assist them in maintaining the various City roads, sidewalks, medians, parks and facilities, and conducting inspections/parking enforcement. The trucks carry tools, heavy equipment and materials needed at various job sites and provide
Approve the Purchase and Outfit of Fifteen Fleet Vehicles, through the Statewide Contract Fleet Vehicle Pricing and in Accordance with City Purchasing Rules for a Total Amount of $1,270,464.45 with a contingency of $287,535.55. Approve an appropriation of $1,558,000.00 to Various Vehicle Accounts in Fund 100 Page 3
For the Meeting of April 8, 2025
essential safety flashers, arrow boards, and lighting to protect the workforce. The vehicles are used for support during emergency callouts in addition to the typical 10.5-hour operational day.
The City has historically maintained vehicles well beyond the 5-year life expectancy of a vehicle and described by Generally Accepted Accounting Principles. However, at a certain point, the continued maintenance and repairs make it advantageous for the City to replace older models with newer ones. The advanced safety features and fuel economy of the newer vehicles help keep our staff safe while on the road and reduce annual gas and maintenance costs. The list of vehicles to be replaced and their age is shown in the table below:
Vehicle Type Current Age
2017 Ford F150 Regular Cab Unit 4 8
2011 Ford F550 Regular Cab Unit 5 14
2015 Ford F550 Regular Cab Chassis Unit 9 10
2008 Ford F250 Super Cab Pickup Unit 10 17
2017 Ford F550 Regular Cab Chassis Unit 11 8
2015 Ford F250 Super Cab Unit 13 10
2016 Ford F350 Regular Cab Chassis Unit 23 9
2002 Ford F650 Regular Cab Dump Truck Unit 26 23
2018 Ford F150 Crew Cab Unit 41 7
2014 Ford Escape Unit 45 11
2020 Ford Escape Unit 51 5
2017 Ford Escape Unit 53 8
2013 Chevrolet Van Unit 60 12
2017 Ford F450 Regular Cab (Keeping) N/A
2009 Ford F450 Unit 12 16
DISCUSSION/ANALYSIS
San Dimas Municipal Code (SDMC) Section 3.28.120, exemptions to competitive bidding requirements, allows the purchasing officer (City Manager) to enter into a contract or “piggyback” on a cooperative competitive bidding procedure that was prepared and processed through another local, state, or federal government agency or a cooperative purchasing entity set up by or utilized by such government or public agencies and where the piggyback contract has gone through the competitive bidding process of that entity.
When “piggybacking,” the City is exempt from formal bidding procedures in circumstances where it joins into cooperative agreements in which federal or state governments, or any political subdivision thereof, has bid for the items or services.
The City is utilizing the California Statewide Contract for Fleet Vehicles contract to make the purchase using a government pricing bid by the State of California Department of General Services # 1-22-23-20 A - K for the State of California and local governmental agencies (Attachment 3). The City has previously utilized this contract to purchase vehicles, most recently in 2024. The following is a breakdown of the quoted pricing for equipment and vehicle purchases as well as outfitting. The California Truck Equipment Co. (CTEC) column is the cost to outfit the
Approve the Purchase and Outfit of Fifteen Fleet Vehicles, through the Statewide Contract Fleet Vehicle Pricing and in Accordance with City Purchasing Rules for a Total Amount of $1,270,464.45 with a contingency of $287,535.55. Approve an appropriation of $1,558,000.00 to Various Vehicle Accounts in Fund 100 Page 4
For the Meeting of April 8, 2025
vehicle for its specific needs. CTEC outfitting will include adding toolboxes, dump beds, safety lights, storage compartments, and lift gates. The Bearcom column is the cost to outfit the vehicle with radio equipment.
Downtown Ford Fleet Vehicle Purchasing
Vehicle Vehicle Price CTEC Price Bearcom Total
2025 Ford F150 Crew Cab
Hybrid Unit 4
$69,041.10 $10,970.30 $903.38 $80,914.78
2025 Ford F550 Regular
Cab Unit 5
$71,618.73 $43,252.50 $903.38 $115,774.61
2025 Ford F550 Regular
Cab Chassis Unit 9
$72,697.31 $68,694.45 $903.38 $142,295.14
2025 Ford F250 Super Cab
Pickup Unit 10
$64,559.27 $18,340.30 $903.38 $83,802.95
2025 Ford F550 Regular
Cab Chassis Unit 11
$72,572.48 $68,964.45 $903.38 $142,440.31
2025 Ford F250 Super Cab
Unit 13
$64,800.17 $18,340.30 $903.38 $84,043.85
2025 Ford F350 Regular
Cab Chassis Unit 23
$61,873.23 $28,814.50 $903.38 $91,591.11
2025 Ford F650 Regular
Cab Dump Truck Unit 26
$107,092.35 N/A $903.38 $107,995.73
2025 Ford F150 Crew Cab
Hybrid Unit 41
$68,800.20 $10,970.30 $903.38 $80,673.88
2025 Ford Escape Plug in
Hybrid Unit 45
$45,222.66 $9,874.00 $903.38 $56,000.04
2025 Ford Escape Plug in
Hybrid Unit 51
$45,222.66 $9,874.00 $903.38 $56,000.04
2025 Ford Escape Plug in
Hybrid Unit 53
$45,222.66 $9,874.00 $903.38 $56,000.04
2025 Ford T150 Transit Van
Unit 60
$53,843.60 N/A N/A $53,843.60
2017 Ford F450 Regular
Cab
N/A $44,114.40 N/A $44,114.40
$842,566.42 $342,083.50 $10,840.56 $1,195,490.48
Tom’s Truck Center Fleet Vehicle Purchasing
Vehicle Vehicle Price CTEC Bearcom Total
2026 Isuzu NPR-HD Stake
Bed Unit 12
$74,070.59 N/A $903.38 $74,973.97
Total Fleet Vehicle Purchasing Costs (Downtown Ford + Tom’s Truck Center) Vehicle Prices CTEC Outfitting Bearcom Outfitting Total Overall Cost $916,637.01 $342,083.50 $11,743.94 $1,270,464.45
Approve the Purchase and Outfit of Fifteen Fleet Vehicles, through the Statewide Contract Fleet Vehicle Pricing and in Accordance with City Purchasing Rules for a Total Amount of $1,270,464.45 with a contingency of $287,535.55. Approve an appropriation of $1,558,000.00 to Various Vehicle Accounts in Fund 100 Page 5
For the Meeting of April 8, 2025
The new Ford T150 transit van does not require any modification. The Izusu box truck and F650 come fully built by the manufacturer and do not need outfitting. Both only require Bearcom modification for the radio system.
ALTERNATIVES
The City Council can provide alternative direction or not authorize the purchase of the vehicles.
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,
Esau Ramos
Public Works Maintenance Manager
Attachments:
1. Downtown Ford Vehicle Quotes
2. Tom's Truck Center Quote
3. Statewide Contract for Fleet Vehicles
ATTACHMENT 1
ATTACHMENT 2
Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California
STATEWIDE CONTRACT
USER INSTRUCTIONS All changes to most recent Supplement are in bold red italic. Additi ons ar e enclosed in asterisks, *, and deleti ons are enclosed in br ackets, [].
MANDATORY
*Supplement 9*
*(Incorporates Supplements 1 – 9)*
ISSUE AND EFFECTIVE DATE: *03/03/2025*
CONTRACT NUMBER: 1-23-23-22 A through D & F-G
DESCRIPTION: Alternate Fuel Medium/Heavy Duty
Vehicles
CONTRACTOR(S): Los Angeles Truck Centers
(1-23-23-22A)
Riverview International Trucks, LLC
(1-23-23-22B)
Sacramento Truck Center
(1-23-23-22C)
TEC of California, Inc. (1-23-23-22D)
XOS Services Inc. (1-23-23-22F)
Western Truck Parts & Equipment
Company, LLC (1-23-23-22G)
CONTRACT TERM: 06/28/2023 through 06/26/2026
STATE CONTRACT ADMINISTRATOR: Frank Martin
279-946-8035
[email protected]
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:
Non-IT General Provisions (rev 6/21/2022)
Cal eProcure link: www.caleprocure.ca.gov
ATTACHMENT 3
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 2 *03/03/2025*
User Instructions
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.
SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*9
User Instruction Sections 8, 12, and 22:
Update XOS Services contact
information.
Attachment A – Contract Pricing:
Supplement 8 has been replaced with
Attachment A Contract Pricing –
Supplement 9.
Attachment D – Vehicle Specifications,
Supplement 9 has been added.
03/03/2025*
8 Attachment A – Contract Pricing –
Supplement 6 has been replaced with
Attachment A Contract Pricing –
Supplement 8.
09/19/2024
7 Cover Page: Contract extension.
Added Section 29 - Vetted
Forms/Certifications.
08/21/2024
6 Attachment A – Contract Pricing –
Supplement 4 has been replaced with
Attachment A Contract Pricing –
Supplement 6.
1/12/2024
5 User Instruction Sections 8, 12, and 22:
Update XOS Services contact information. 11/15/2023
4 Added Contract 1-23-23-22G with Western
Truck Parts & Equipment Company, LLC.
Attachment A – Contract Pricing –
Supplement 1 has been replaced with
Attachment A Contract Pricing –
Supplement 4
Attachment C – PCRC – Supplement 1
has been replaced with Attachment C –
PCRC – Supplement 4
09/15/2023
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 3 *03/03/2025*
User Instructions
All other terms and conditions remain the same.
3 Updated State Contract Administrator
information. 08/04/2023
2 Corrected contact information for Los
Angeles Truck Centers
07/19/2023
1 Award to The Lion Electric Co. USA Inc.
has been rescinded. All references to
Contract 1-23-23-22E have been removed.
Attachment A – Contract Pricing has been
replaced with Attachment A Contract
Pricing – Supplement 1
Attachment C – PCRC has been replaced
with Attachment C – PCRC – Supplement
1 07/10/2023
N/A Original Contract Posted 06/28/2023
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 4 *03/03/2025*
User Instructions
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 5 *03/03/2025*
User Instructions
SCOPE
The State’s contracts provide Alternate Fuel Medium/Heavy Duty Vehicles at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-23-23-22 A – D & F. The Contractors shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Alternate Fuel Medium/Heavy Duty Vehicles to the State.
The contract terms are for two (2) years with an option to extend each contract for three (3) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between each Contractor and the State. If a mutual agreement cannot be met the contract(s) may be terminated at the end of the current contract term.
CONTRACT USAGE/RULES
A. State Departments
• The use of these contracts is mandatory for State of California departments. State Departments may purchase any vehicle that is awarded to each line item. These contracts do not include ranking.
• State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and SCM-F as applicable. • Prior to placing orders against any of these contracts, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of these statewide contracts. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected].
• Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against these contracts. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.
B. Local Governmental Agencies
• Local governmental agency use of these contracts is optional. • Local government agencies are defined as “any city, county, city and county, district or other governmental body or corporation”, per Public Contract Code Chapter 2, Section 10298 (b), empowered to expend public funds for the acquisition of products; this includes the California State Universities (CSU) and University of
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 6 *03/03/2025*
User Instructions
California (UC) systems, K-12 schools and community colleges. While the State makes these contracts available to local governmental agencies, each local governmental agency should determine whether these contracts are consistent with its procurement policies and regulations.
• Local governmental agencies shall have the same rights and privileges as the State under the terms of these contracts. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of any of the contracts. • A DGS issued billing code is not required for local governmental agencies to place orders against these contracts.
C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize these contracts. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.
DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of these statewide contracts. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.
Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).
B. Local Governmental Agencies
For all local government agency transactions issued against these contracts, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to
1.25% of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency’s purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including all applicable discounts, and shall include no other add-on fees.
SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with these contracts.
PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractors shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance,
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 7 *03/03/2025*
User Instructions
outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).
CONTRACT ITEMS
Contract vehicles and pricing are listed on Attachment A, Contract Pricing. Prices do not include Federal Excise Tax, the California Tire Fee, Documentation Fee, or HVIP rebate/discount. All prices listed shall be fixed as the maximum cost for the contract period unless a price increase is granted.
Each line-item description on Attachment A, Contract Pricing, provides a description of the minimum requirements that each vehicle in that line item has met or exceeded.
Price Increases
Price increases may be requested with each model year change and will be posted on a quarterly basis.
Quarterly increases shall be processed on the following calendar days:
• July 1st
• October 1st
• January 1st
• April 1st
Contractors are requested to price protect the contracted price for the duration between the price increase request and the time the increase is processed. If the Contractor is unable to honor the price protection, the Contractor’s vehicle(s) will be unavailable for ordering until the price increases have been evaluated and approved.
Multiple Award
Some line items may have multiple vehicles awarded with different make and models available. State Departments may choose any vehicle identified in the subject line item.
There is no vehicle ranking associated with these contracts.
Sales Tax
The sales tax rate applied should be based on the rate of the “Bill To” address listed on the Purchase Order.
Options
All factory options shall be available and priced at Contractor cost plus up to 10% for an addition or Contractor cost minus up to 10% for a deletion in accordance with the manufacturer’s current model year price list. Types of equipment changes which might be made include, but are not limited, to the following:
• Add trailer tow package
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 8 *03/03/2025*
User Instructions
• Add Bluetooth
• Add parking sensors
• Delete pick up box (bed)
• Running Boards
• Window Tint
• Bed Liner
• Vehicle OEM Charging Equipment (third-party charging equipment is not acceptable)
• Vehicle to Grid capable charging accessories (e.g., adaptors, cables, etc.) In no case shall options be included or deleted in such a manner as to cause the vehicle to conflict with any other line item on any other vehicle contract.
The Contractor shall provide ordering agencies a copy of the current model year factory price sheet with requested options, within ten calendar days of request.
Third-party upfitting (e.g utility body) may be requested by ordering agencies, however, this service is non-mandatory. When applicable, third-party upfits shall be subject to the same pricing provisions as factory options. Please note, the intent of the upfit is to enhance the functionality of the vehicle (e.g., tag axle, flat bed, utility bed, etc..). The cost of the upfit should not exceed the cost of the vehicle.
Note: Vehicles with added or deleted options MUST continue to meet the appropriate minimum specification.
Tire Fee
Purchase orders MUST include the State mandated $1.75 per tire fee.
Document Processing Charge
In accordance with the California Vehicle Code Section 4456.5, a Contractor may charge the ordering agency a document processing charge for the preparation and processing of documents, disclosures, titling, registration, and information security obligations imposed by state and federal law. The document processing charge shall not exceed $85 per vehicle purchased.
A Contractor may charge the ordering agency an electronic filing fee, which does not exceed the actual amount the Contractor is charged by a first-line service provider. The electronic filing fee shall not exceed $30 per vehicle purchased.
SPECIFICATIONS
All products must conform to the attached State of California Bid Specification Number 2320- 0211431 dated 04/13/2023 (Attachment B).
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 9 *03/03/2025*
User Instructions
Vehicle color shall be a solar reflective color (white, silver metallic, or gold metallic) per SAM Section 3620.1 (exceptions are listed in the same manual section).
CUSTOMER SERVICE
The Contractors shall provide office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.
The customer service units shall be staffed with individuals that:
• Are trained in the requirements of the contract
• Have the authority to take administrative action to correct problems that may occur The Contractor’s customer service unit shall respond to all customer inquiries within two (2) business days of initial contact.
Dealer Contract # Contact Phone Email
Los Angeles
Truck Centers,
LLC 1-23-23-22A
James
Blakely /
Ron
Creighton
714-357-
0024 / 909-
510-4406
[email protected] /
[email protected]
Riverview
International
Trucks, LLC
1-23-23-22B Jason
Farrell
916-371-
3110 [email protected]
Sacramento
Truck Center 1-23-23-22C Dean Needham
916-286-
2000 [email protected]
TEC of
California, Inc. 1-23-23-22D Ashley Porter
510-577-
5512 [email protected]
XOS Services
Inc. 1-22-23-22F *John Rhoden
808-218-
3487 [email protected]*
Western Truck
Parts &
Equipment
Company, LLC
1-22-23-22G Kirk
Gulian
1-800-533-
4278
[email protected]
Note: Ordering agencies are encouraged to have one point of contact for inquiries, quotes, and orders whenever possible. Multiple calls and emails from various requestors for the same information can slow customer service response times.
PRODUCT SUBSTITUTIONS
Under no circumstance are the Contractors permitted to make substitutions with noncontract/unauthorized vehicles without approval of the DGS Contract Administrator (CA).
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 10 *03/03/2025*
User Instructions
PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site:
https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx (select Standard Forms).
All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
• Office of Fleet and Asset Management (OFAM) Approval Stamp (State departments only)
2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket orders against these statewide contracts are not allowed.
B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only).
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 11 *03/03/2025*
User Instructions
MINIMUM ORDER
The minimum order shall be one (1) vehicle.
ORDERING PROCEDURE
A. Ordering Methods:
Ordering agencies are to submit appropriate purchase documents directly to the Contractor(s) via one of the following ordering methods:
• U.S. Mail
• Email
The Contractor’s Order Placement Information is as follows:
ORDER PLACEMENT INFORMATION
Contract #
1-23-23-22A
U.S. Mail:
2429 S. Peck Rd.
Whittier, CA 90601
Attn: James Blakely
Email:
[email protected]/ [email protected]
Contract #
1-23-23-22B
U.S. Mail:
2445 Evergreen Ave.
West Sacramento, CA
95691
Attn: Jason Farrell
Email:
[email protected]
Contract #
1-23-23-22C
U.S. Mail:
100 Opportunity Street
Sacramento, CA 95838
Attn: Dean Needham
Email:
[email protected]
Contract #
1-23-23-22D
U.S. Mail:
8099 South Coliseum
Way
Oakland, CA 94621
Attn: Ashley Porter
Email:
[email protected]
Contract #
1-23-23-22F
U.S. Mail:
3550 Tyburn Street
Los Angeles, CA 90065
Attn: *John Rhoden*
Email:
*[email protected]*
Contract #
1-23-23-22G
U.S. Mail:
825 Stillwater Rd.
West Sacramento, CA
95691
Attn: Kirk Gulian
Email:
[email protected]
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 12 *03/03/2025*
User Instructions
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.
ORDER ACCEPTANCE
The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete;
• Are submitted without OFAM approval stamp
• Contain non-contract items; or
• Contain non-contract terms and conditions.
The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the CA.
ORDER ACKNOWLEDMENT
The Contractor will provide the ordering agencies with an order receipt acknowledgment via e-mail/facsimile within ten (10) calendar days after receipt of an order. The acknowledgement will include:
• Ordering Agency Name
• Agency Order Number (Purchase Order Number)
• Description of Goods
• Vehicle Model Year
• Total Cost
• Date order is placed with manufacturer
• Anticipated Delivery Date
• Delayed Production Notification (if applicable)
• Discontinued Vehicle Notification (if applicable)
Contractor shall notify the ordering agency of any delays in production or delays in orders being accepted by the manufacturer for any period of time. Contractor shall provide estimated production start date and delivery date.
DELAYED PRODUCTION REMEDY
Upon receipt of order acknowledgment identifying a delay in production or orders not being accepted by the manufacturer, the ordering agencies shall have the following options:
• Request back order; or
• Cancel the item from the order with no penalty
DISCONTINUED VEHICLE REMEDY
Upon receipt of order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 13 *03/03/2025*
User Instructions
• Amend purchase document to reflect State-approved replacement vehicle; or • Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with noncontract/unauthorized vehicles without approval from the State Contracty Administrator.
DELIVERY PROCEDURES
Pre-Delivery Checklist
Prior to delivery, each vehicle shall be completely inspected, serviced, and detailed by the delivering Contractor and/or the manufacturer’s pre-delivery service center. A copy of the pre-delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle.
Delivery:
Delivery shall be within one hundred and fifty (150) days after receipt of order unless there is a delay in production/order acceptance from the manufacturer when changing from one model year to the next. Contractor shall notify the ordering agency of such delay per Article 14, Order Acknowledgement.
Orders requiring customized work by a 3rd party supplier may exceed the delivery period requirement. Contractor shall notify ordering agency of extended delivery period per Article 14, Order Acknowledgement.
Deliveries are to be made statewide from the factory to the Contractor’s place of business or a designated delivery location closest to the ordering agency. A designated or “courtesy” delivery location shall have the facilities to accommodate a pre-delivery service and inspection.
Ordering agencies have the option to receive vehicles at the Contractor’s designated business location or have it delivered to the location specified on the individual order.
Appropriate delivery instructions shall be provided on the Purchase Order. Contractor shall contact the ordering agency if Purchase Order is submitted without specific delivery instructions.
Caravan or drive-away method of delivery from the factory to a Contractor’s designated business site is not acceptable unless agreed upon by the ordering agency.
Unless pre-arranged between the Contractor and the ordering agency, vehicles delivered with more than 50 miles on the odometer may be charged fifty (50) cents per mile in excess of 50 miles. This charge may be reflected on the invoice as a deduction from the order price. Vehicles with more than five hundred (500) miles on the odometer may not be accepted.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 14 *03/03/2025*
User Instructions
**If driving the vehicle from an out-of-state factory is required and the odometer may exceed the five hundred (500) mile or less expectation, the Contractor shall notify the ordering Department at the time of purchase order execution.
When feasible, Contractor is requested to make deliveries in metropolitan areas during off-peak hours. Off-peak hours are 10:00AM to 4:00PM local time.
Drop ship deliveries shall not be made without prior State inspection.
PHEVs and HEVs shall be delivered with no less than five (5) gallons of fuel in the tank.
ZEVs shall be delivered with no less than 80 percent battery charge.
Documents
The following documents shall be delivered to the receiving agency with the vehicle:
• Completed and signed pre-delivery service checklist, including the order number and Vehicle Identification Number (VIN)
• “Line Set Tickets” or “Window (Monroney) Sticker” showing all options installed • One (1) copy of the warranty, including applicable certificates, cards, etc. • One (1) copy of the owner’s manual.
INSPECTION AND ACCEPTANCE
Vehicles ordered for State use will be inspected by a State inspector at the Contractor’s place of business or as otherwise agreed to by the Contractor and ordering agency.
Inspection will commence within five (5) working days of notification that a vehicle is ready for inspection. Inspection will include:
• Specification Compliance
• Workmanship
• Appearance
• Proper Operation of all Equipment and Systems
• Presence of all Applicable Documents
In the event deficiencies are detected, the vehicle will be rejected and the Contractor will be required to make the necessary repairs, adjustments, or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re-inspected and accepted.
Completion of inspection or acceptance by the State inspector shall in no way release the Contractor from satisfying the requirements of the contract, specifications, and warranty.
Deviations from the specified requirements that are detected by the inspection shall be corrected by the Contractor in an expeditious manner at no expense to the ordering agency.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 15 *03/03/2025*
User Instructions
Inspection by local agencies will be at the Contractor’s place of business or as otherwise agreed to by the Contractor and local agency.
EMERGENCY/EXPEDITED ORDERS
Not Applicable.
FREE ON BOARD (F.O.B.) DESTINATION
Contractors shall deliver vehicles to State or local agencies located in Sacramento County at no additional cost for delivery. If the Purchase Order indicates delivery outside Sacramento County, the Contractor and agency may negotiate delivery costs. If delivery is subject to an additional delivery charge, it shall be shown as a separate item on the purchase order and invoice.
State departments requesting delivery outside of Sacramento County must contact the Transportation Management Unit for freight rate comparisons to confirm appropriate pricing if the Contractor is delivering the vehicle.
Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.
SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.
CONTRACT ADMINISTRATION
The State and the Contractors have assigned Contract Administrators as the single points of contact for problem resolution and related contract issues.
State Contact
Information DGS/PD Contract Administrator
Contact Name: Frank Martin
Telephone: (279) 946-8035
Email: [email protected]
Address: DGS/Procurement Division
Attn: Frank Martin
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 16 *03/03/2025*
User Instructions
Dealer
Contact
Information
Los Angeles Truck Centers, LLC
Contract # 1-23-23-22A
Riverview International Trucks, LLC
Contract # 1-23-23-22B
Contact
Name:
James Blakely / Ron Creighton Jason Farrell
Telephone: 714-657-0024 / 909-510-4406 916-371-3110
Email: [email protected] /
[email protected]
[email protected]
Address: Los Angeles Truck Centers, LLC
2429 S. Peck Rd.
Whittier, CA 90601
Riverview International Trucks, LLC
2445 Evergreen Ave.
West Sacramento, CA 95691
Dealer
Contact
Information
Sacramento Truck Center
Contract # 1-23-23-22C
TEC of California, Inc.
Contract # 1-23-23-22D
Contact
Name:
Dean Needham Ashley Porter
Telephone: 916-286-2000 510-577-5512
Email: [email protected] [email protected] Address: Sacramento Truck Center
100 Opportunity Street
Sacramento, CA 95838
TEC of California, Inc.
8099 South Coliseum Way
Oakland, CA 94621
Dealer
Contact
Information
XOS Services, Inc.
Contract # 1-22-23-20F
Western Truck Parts & Equipment
Company, LLC
Contract # 1-22-23-20G
Contact
Name:
*John Rhoden* Kirk Gulian
Telephone: *808-218-3487* 1-800-533-4278
Email: *[email protected]* [email protected] Address: XOS Services, Inc.
3550 Tyburn Street
Los Angeles, CA 90065
Western Truck Parts & Equipment
825 Stillwater Road
West Sacramento, CA 95691
RESTOCKING FEES
Contractors may impose a restocking fee to the ordering agency on orders cancelled after the order has been placed with the manufacturer: Contractors shall notify the ordering agency of the order placement per Section 14, Order Acknowledgment.
Re-stocking fees can be no greater than ten percent (10%) of the value of the vehicle being restocked.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 17 *03/03/2025*
User Instructions
INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information:
• Contractor’s name, address and telephone number
• Leveraged Procurement Number (Contract Number)
• Agency Order Number (Purchase Order Number)
• Item and commodity code number
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order
PAYMENT
A. Terms
Payment terms for Contracts 1-23-23-22A and 1-23-23-22B include a $500 per vehicle discount for payment made within twenty (20) days. The cash discount time is defined by the State as beginning only after the vehicle has been inspected, delivered, and accepted by the receiving agency, or from the date a correct invoice is received in the office specified on the Purchase Order, whichever is later.
Payment is deemed to be made, for the purpose of earning the discount, one (1) working day after the date on the State warrant or check.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.
B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under these statewide contracts.
C. Payee Data Record
Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments may contact the Contractor for copies of the Payee Data Record.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 18 *03/03/2025*
User Instructions
D. State Financial Marketplace
The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.
CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractors are listed below. State departments can verify that permits are currently valid at the following website:
www.cdtfa.ca.gov. State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2.
Contractor Name Seller Permit #
Los Angeles Truck Centers,
LLC 97-268711
Riverview International
Trucks, LLC 101079519
Sacramento Truck Center 97724353
TEC of California, Inc. 97032353
XOS Services Inc. 203754496
Western Truck Parts &
Equipment Co., LLC 97589085
WARRANTY
The manufacturer and/or final stage manufacturer’s or up-fitter’s standard warranty shall apply to all vehicles purchased from the resulting contract(s). The Warranty term for these contracts shall meet or exceed the following:
• Bumper-To-Bumper warranty shall cover not less than three (3) years/36,000 miles, no charge for parts and labor.
• Power Train/Drive Unit warranty shall cover not less than five (5) years/60,000 miles, no charge for parts and labor.
• Battery pack warranty shall cover not less than five (5) years/100,000 miles, no charge for parts and labor.
See Attachment A – Contract Pricing for line-item specific Bumper-to-Bumper warranty terms.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-23-23-22 A-D & F-G
Contract User Instructions, *Supplement 9*
Contract 1-23-23-22 A-D & F-G Page 19 *03/03/2025*
User Instructions
If warranty includes prescribed preventative maintenance procedures, the preventative maintenance may be performed at a state facility by state personnel without voiding the warranty.
Normal wear items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat, or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered.
The State reserves the right to use re-refined lubrication oils, where available, in lieu of virgin equivalent oils. The re-refined oils used by the State will meet all API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer’s standard warranty.
The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant when servicing its vehicles. The recycled content antifreeze/coolant used by the State will meet all ATSM standards and specifications as set forth by the vehicle manufacturer.
Inoperable vehicles shall be towed, at the contractor’s expense, to the nearest service repair facility due to a break down or malfunction and shall be included as part of the vehicle warranty.
Contractors may offer extended warranties under their contract.
REPAIR PARTS
The manufacture of the awarded vehicle(s) should maintain an adequate stock of all regular and special parts to meet the continuing service and repair parts needs of the State without undue delay.
A special system shall be set up for expediting the procurement of back-order items needed to repair an inoperative vehicle including a system to air freight parts at factory expense when parts are not in stock in California parts depots. Parts must be available within three (3) working days after telephone notification.
Vehicles with new technology emerging into the industry (e.g., fuel cell vehicles) may require more than (3) working days for the availability of certain parts. Contractor must notify the State Contract Administrator and ordering agency when this occurs and provide the estimated date of availability.
VETTED FORMS/CERTIFICATIONS
The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor forms, certifications, and compliance to performing a commercially useful function (CUF) during the solicitation evaluation process. Cons
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 8, 2025
From: Brad McKinney, City Manager
Prepared by: Anissa Livas, Sr. Management Analyst
Subject: Adopt Ordinance 1317, Adding a New Chapter 8.15 to the San Dimas Municipal Code to Establish Standards for the Management and Retrieval of Shopping Carts in the City
____________________________________________________________________________
SUMMARY
Ordinance 1317 was introduced at the City Council meeting held on March 25, 2025. The ordinance adds Chapter 8.15 to the San Dimas Municipal Code to establish standards for the management and retrieval of shopping carts within City limits. The goal of the ordinance is to reduce abandoned carts in public spaces and improve public safety and aesthetics through proactive measures by businesses.
RECOMMENDATION
Staff recommends that the City Council:
• Adopt Ordinance 1317, adding Chapter 8.15 to the San Dimas Municipal Code related to Shopping Cart Management and Retrieval.
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
FISCAL IMPACT
There is no direct fiscal impact anticipated from adopting this ordinance. While multiple departments will initially be involved in implementation, the long-term impact on City resources is expected to be minimal.
BACKGROUND
Adopt Ordinance 1317, Adding a New Chapter 8.15 to the San Dimas Municipal Code to Establish Standards for the Management and Retrieval of Shopping Carts in the City Page 2 For the Meeting of April 8, 2025
The issue of abandoned shopping carts has been a recurring concern in the City of San Dimas.
Abandoned carts clutter public spaces, obstruct sidewalks and roadways, pose safety risks, and contribute to urban blight. The City currently retrieves an average of 12 to 24 abandoned carts per week.
This item was originally presented to the City Council on October 22, 2024. At that time, the Council directed staff to conduct additional outreach to affected businesses and seek input from the Sheriff’s Department regarding enforcement provisions. In response, staff mailed notices and met directly with local businesses to gather feedback and clarify the ordinance requirements. In addition, the Sheriff’s Department reviewed the ordinance language and requested no additional revisions.
Following these efforts, the ordinance was introduced at the March 25, 2025, City Council meeting.
DISCUSSION/ANALYSIS
Ordinance 1317 adds Chapter 8.15 to the San Dimas Municipal Code to regulate the management and retrieval of shopping carts. Businesses with ten or more carts will be required to submit a Shopping Cart Retrieval Plan (SCRP) to the City. These plans must include strategies to prevent the unauthorized removal of carts and procedures for timely retrieval.
Examples of allowable prevention and retrieval measures include:
• Wheel-locking mechanisms
• Security personnel or monitoring
• Contracted retrieval services
• Cart identification
The ordinance complies with California Business and Professions Code Section 22435 et seq., which provides the legal framework for regulating abandoned carts at the local level. While removing a cart from business premises is a misdemeanor, enforcement challenges, including a reluctance by businesses to press charges, limit the effectiveness of prosecution alone. As a result, the ordinance relies primarily on administrative remedies such as citations, fines, and impoundment.
By providing flexibility and clear expectations, the ordinance promotes compliance while giving businesses the autonomy to choose the best practices suited to their operations. Staff will continue monitoring implementation and may recommend adjustments as needed.
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,
Adopt Ordinance 1317, Adding a New Chapter 8.15 to the San Dimas Municipal Code to Establish Standards for the Management and Retrieval of Shopping Carts in the City Page 3 For the Meeting of April 8, 2025
Anissa Livas
Sr. Management Analyst
Attachments:
1. Ordinance 1317
ATTACHMENT 1
01171.0001/1062227.1
ORDINANCE 1317
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, ADDING A NEW CHAPTER 8.15 TO THE SAN DIMAS MUNICIPAL
CODE TO ESTABLISH STANDARDS FOR THE MANAGEMENT AND RETRIEVAL OF
SHOPPING CARTS WITHIN THE CITY
WHEREAS, the City Council of the City of San Dimas recognizes the need to address issues related to abandoned shopping carts in our community; and WHEREAS, the presence of abandoned, stolen, wrecked and/or dismantled shopping carts on public and private property creates visual blight, is aesthetically detrimental to the community, is injurious to the general welfare of the citizens of San Dimas, and constitutes a public nuisance; and
WHEREAS, the City Council of the City of San Dimas further finds and declares that the City’s retrieval of abandoned, stolen, wrecked, and/or dismantled shopping carts is a drain on resources; and
WHEREAS, the California Business & Professions Code Sections 22435 et seq. set forth procedures for the retrieval and abatement of shopping carts, and cost recovery for such abatement; and
WHEREAS, the City Council and the City of San Dimas believes that it is in the public interest and welfare to add a new Chapter 8.15 of the San Dimas Municipal Code to establish standards for the management and retrieval of shopping carts within the City; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN DIMAS DOES ORDAIN AS FOLLOWS:
A. The establishment of standards for the management and retrieval of shopping carts will not adversely affect adjoining property values or be detrimental to the area. The proposed ordinance will mitigate issues related to abandoned carts and enhance the overall appearance of commercial areas.
B. The proposed ordinance will further the public health, safety, and general welfare.
Implementing these standards will reduce the presence of abandoned carts in public spaces and promote a cleaner, safer environment for residents and visitors.
C. The City Council of the City of San Dimas hereby finds and determines that all the above recitals are true and correct and incorporates such recitals into the ordinance.
SECTION 1. ADOPTION. The City Council hereby adopts a new Chapter 8.15 to be added to the San Dimas Municipal Code, as set forth in Exhibit A, attached hereto and incorporated herein, to establish standards for the management and retrieval of shopping carts within the City.
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 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion
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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. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted 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 a 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 8th day of April, 2025, 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 1317 was introduced at a regular meeting of said City Council held on the 25th day of March, 2025, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 8th day of April, 2025.
___________________________
Debra Black, City Clerk
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Exhibit A
Chapter 8.15
ABANDONMENT OF SHOPPING CARTS
Sections:
8.15.010 Purpose
8.15.020 Applicability
8.15.030 Definitions
8.15.040 Declaration of Public Nuisance
8.15.050 Shopping Cart Identification Requirements
8.15.060 Unlawful Removal or Possession of Shopping Carts
8.15.070 Mandatory Shopping Cart Plan
8.15.080 Shopping Cart Plan Timeline and Approval Process
8.15.090 Plan Modification
8.15.100 Revocation of Plan
8.15.110 Penalties for Failing to Submit or Implement a Prevention Plan
8.15.120 Authority to Impound Abandoned Cart
8.15.130 Administrative Costs and Fines
8.15.140 Disposal of Abandoned Shopping Carts
8.15.150 Emergency Services
8.15.160 Enforcement
8.15.170 Records Required for Retrieval Services
8.15.180 Business License Required for Retrieval Services
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8.15.010 Purpose
Abandoned shopping carts constitute a nuisance, create potential hazards to the public health and safety and interfere with pedestrian and vehicular traffic within the City. Wrecked, dismantled and/or abandoned shopping carts on public or private property create conditions that reduce property values and promote blight and deterioration within the City’s neighborhoods.
The purpose of this Chapter is to ensure that measures are taken by cart owners to prevent the removal of shopping carts from store premises and parking lots and to facilitate the retrieval of abandoned carts as permitted by State law.
8.15.020 Applicability
This section applies to:
a) Any business within the City that provides or maintains 10 or more shopping carts for customer use on the premises of a business establishment at any one location; and
b) Any person in possession of an abandoned shopping cart off premises.
8.15.030 Definitions
The following definitions shall apply to this Chapter:
A. “Abandoned Shopping Cart” means any cart removed from a business establishment’s premises without the written permission of the owner and located on either public or private property. This does not apply to carts that are removed for purposes of repair or maintenance.
B. “Cart” means the same as shopping cart.
C. “City” means the City of San Dimas or its designated representatives.
D. “Identified Shopping Cart” means a shopping cart that has permanently affixed sign that identifies, in accordance to section 8.15.050, the owner of the cart or the retailer or both.
E. “Owner” means a person or establishment providing shopping carts for customers to use.
F. “Parking Area” means a parking lot or other property provided by a retail establishment for use by a customer for parking an automobile or other vehicle. In a multi-store complex or shopping center, "parking area" includes the entire parking area used by or controlled by the complex or center.
G. “Parkway” means that area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel.
H. “Premises” means the entire area owned under the control of the business owner, including the parking area or other off-street parking.
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I. “Public Property” means and includes, but is not limited to, all areas dedicated to public use for public facilities, parks, schools, public streets, roadways, parkways, alleys, sidewalks, flood control channels and any public right-of-way.
J. “Retail Establishment” or “Business Establishment” means any trade establishment selling goods, articles, commodities, services, or any type of merchandise where shopping carts are made available for and used by patrons and/or the public.
K. “Shopping Cart” means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for transporting goods of any kind from the display area to the register, then to the customer’s vehicle on the premises; not for off-premises transportation of merchandise.
L. “Shopping Cart Plan” means a document submitted by the owner of the cart to the City pursuant to Section 8.15.070.
8.15.040 Declaration of Public Nuisance
The spread of abandoned shopping carts on public and private property causes blighted conditions in many areas of the City and results in the obstruction of public and private sidewalks, streets, parking lots, park spaces, and other areas, thereby creating hazards to the health and safety of the public. The City declares abandoned shopping carts to be a public nuisance.
8.15.050 Identified Shopping Cart Requirements
All shopping carts provided by a business are subject to the requirements of this Chapter and shall be properly identified by the owner thereof in accordance with Section 22435.1 of the California Business and Professions Code and include at minimum the following:
a) A permanently affixed sign or permanent etching that identifies the owner of the cart or the retailer, or both.
b) A valid address or telephone number that clearly identifies the cart owner for returning the cart removed to the owner or retailer.
c) Notice to the public that unauthorized removal of the shopping cart from the premises of the business establishment, or unauthorized possession of the shopping cart, is a violation of State laws and a violation of City ordinance. d) Provides notice to the public of the procedure to be utilized for authorized removal of the shopping cart from the premises.
8.15.060 Unlawful Removal or Possession of Carts
A. It is unlawful for any person other than a shopping cart owner or its authorized representative to do any of the following acts, if a shopping cart is an identified shopping cart:
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1) To remove or cause to be removed any shopping cart from a retail establishment or a parking area without the prior written consent of the owner. 2) To possess any shopping cart that has been removed from a parking area without the prior written consent of the shopping cart owner or retail establishment, with the intent to temporarily or permanently deprive the owner of possession of the cart. 3) To alter, convert, or tamper with any shopping cart, or remove any part or portion thereof, or remove, obliterate or alter any identification, including but not limited to any serial numbers, or to possess any cart that has been altered, converted, or tampered with or whose identification has been removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart without the prior written consent of the cart owner. 4) To abandon or leave any cart, which has been removed from a business establishment or a parking facility, upon any public property or upon any private property that is not the premises of the retail establishment or the parking facility. 5) For purposes of all provisions in this Chapter, any person removing a cart from the retail establishment or parking area with consent of the cart owner shall carry a copy of such written consent on their person.
B. The possession of a shopping cart by a licensed shopping cart retrieval service, including a contractor or agent of the city, for purposes of retrieving a shopping cart shall not be a violation of this Section.
8.15.070 Mandatory Shopping Cart Plan
Every owner of a business subject to the requirements of this Chapter shall develop and implement a shopping cart plan in accordance with this Section and Section 8.15.080. Two or more businesses may collaborate and submit a single plan. The shopping cart plan shall be provided to the Director of Community Development upon request for review and approval and at a minimum include the following elements:
A. Shopping Cart Identification. Name, address, and telephone number of the business, and the name, email address, and telephone number of the on-site manager or designated agent.
B. Shopping Cart Inventory. The number of on-site shopping carts held by the business, and a signed affidavit stating all carts will be in compliance with the shopping cart identification requirements listed in Section 8.15.050.
C. Employee Training. A description of employee-training program to educate existing and new employees about the shopping cart plan.
D. Notice to Customers. A description of the notification method(s) used to communicate to the public that unauthorized removal of a cart from the business premise is a violation of state law and the San Dimas Municipal Code. The method(s) used may include, but are not limited to, prominently displayed signage posted at each customer exit, printed on store shopping bags, printed on sales receipt, or other method approved by the City.
E. Loss Prevention Measures. A description of the measures that the owner will implement to prevent the removal of shopping carts from the premises. These measures may include, but are
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not limited to, devices on shopping carts that automatically disable them if they are removed from the premises, designation of certain employees tasked to prevent the removal of shopping carts from the premises by assisting patrons with transporting groceries or merchandise to patrons’ vehicles and then returning shopping carts to the location where the retail establishment keeps the shopping carts, installation of obstacles to prevent the removal of shopping carts, prohibiting shopping carts outside the building of the business unless accompanied by an employee, and bollards around the premises to prevent cart removal, collection of security deposits for use of all shopping carts, or the rental or sale of utility carts that can be temporarily or permanently used to transport purchases.
F. Retrieval Measures. Specific measures for the retrieval of abandoned carts by its employees, or proof that the owner has entered into a contract for shopping cart retrieval services.
8.15.080 Shopping Cart Plan Timeline and Approval Process A proposed shopping cart plan shall be submitted to the City’s Community Development Department within ninety (90) days following the effective date of this Chapter. Any establishment that opens after the effective date of this Chapter will have thirty (30) days from the issuance of their City business license application to submit a shopping cart plan to the Community Development Department for approval.
If a proposed shopping cart plan is rejected as incomplete or inadequate, or if additional information is needed, the City will notify the owner within thirty (30) days from the date of the plan submission. The owner has thirty (30) days to submit the additional information or a complete or adequate plan. The Director of Community Development may reject or deny a plan on any of the following grounds:
a) The plan fails to include the information required under this Section or fails to adequately address the required elements.
b) The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart retention and prevention efforts. c) Implementation of the plan violates this Chapter, or State or Federal law. d) The owner knowingly makes a false statement or omits relevant facts in the plan, or in any amendment or attachment or report.
The Director of Community Development’s denial of a proposed shopping cart plan shall be final, unless appealed to the City Manager within fourteen (14) days. The City Manager shall review the director’s determination and render a written decision within thirty 30) days, which shall be the final administrative decision. Upon notice to the owner that the City has approved the prevention plan, the owner has thirty (30) days to implement the shopping cart plan at their establishment.
8.15.090 Plan Modification
Proposed amendments or modifications to a previously approved shopping cart plan shall be submitted to the City’s Community Development Department by the owner for approval prior to implementation of any proposes changes to a previously approved shopping cart plan. The City
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may require a business to submit a plan modification due to repeat impoundments or to modify ineffective provisions. The City shall review and consider the modification in the same manner set forth in Sections 8.115.070 and 8.15.080, and all modifications shall comply, at minimum, with the shopping cart plan requirements specified in Section 8-15-070.
8.15.100 Revocation of Plan
The Director of Community Development may revoke an approved shopping cart plan on any of the following grounds:
a) The plan fails to address any changed circumstances related to cart retention and prevention efforts.
b) The owner has failed to comply with a provision of this Chapter. c) The owner knowingly made a false statement or fails to disclose relevant information in an application, an amendment or in a report to the City.
The Director of Community Development’s revocation of a shopping cart plan shall be final, unless appealed to the City Manager within fourteen (14) days. The City Manager shall review the director’s determination and render a written decision within thirty (30) days, which shall be the final administrative decision.
Business owners whose plans have been revoked are subject to penalties as provided in Section 8.15.110.
8.15.110 Penalties for Failing to Submit or Implement a Prevention Plan In addition to the penalties set forth in this Chapter, any owner who fails to submit a shopping cart plan, implement the shopping cart plan or implement any required modifications to the shopping cart plan as required by the City, within the time frames as specified in this Chapter, may be subject to enforcement of these requirements as set forth in Section 8.15.160. Each day during which an owner does not have an approved shopping cart plan consistent with the requirements of this Chapter shall constitute a separate violation.
Additionally, any owner who fails to submit a shopping cart plan, implement the shopping cart plan or implement any modifications to the shopping cart plan as required by the City, within the time frames as specified in this Chapter, may be required by the City to place disabling devices on all shopping carts owned, leased or used by the business establishment to prevent removal of shopping carts. Installation of disabling devices shall take place within sixty (60) days of the date of service of a notice of violation from the City. Any owner who fails to install disabling devices as required by the City shall be subject to the enforcement procedures as specified in Section 8.15.160, including but not limited to criminal infraction or misdemeanor prosecution.
8.15.120 Authority to Impound Abandoned Cart
A. When a shopping cart is left standing for any time frame on any public or private property, the shopping cart shall be deemed to be abandoned and therefore a public nuisance pursuant to this Chapter.
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B. The City shall have the authority to immediately remove and impound any shopping cart on public or private property located outside the premises or parking area of a retail establishment and that is an identified shopping cart under the following conditions:
1) The cart owner, or its agent or manager, is provided actual notice within twentyfour (24) hours following the impound. Notification may be provided in person, by phone, or by email, and the City shall document the notification used for each impounded cart.
2) The notification shall inform the cart owner, or its agent or manager, as to the location where the cart may be claimed.
3) Impounded carts shall be held at a location designated by the City which is reasonably convenient to the cart owner and open for at least six (6) hours of each business day.
4) Any cart reclaimed by the cart owner within three (3) City business days following the date of actual notification as provided pursuant to this Section, shall be released and surrendered to the owner or its agent at no charge whatsoever, including the waiver of any redemption fees that would otherwise be applicable pursuant to Section 8.15.130. Any cart reclaimed by the owner or its agent within three (3) City business days following the date of actual notice as provided pursuant to this Section, shall not be deemed an "occurrence" under Section
8.15.130.
5) Any cart not reclaimed by the cart owner or its agent within three (3) City business days following the date of actual notice as provided pursuant to this Subsection B, shall be subject to the collection of costs under Section 8.15.130 commencing on the fourth business day following the date of notice.
C. As an alternative to the procedure described in Subsection B of this Section, the City may remove and impound any shopping cart on public or private property located outside the premises or parking area of a retail establishment and that is an identified shopping cart under the following conditions:
1) The shopping cart is not retrieved within 3 business days from the date the cart owner receives actual notification of the shopping cart’s discovery and location.
Notification to the cart owner, or its agent or manager, may be provided in person, by phone, or by email, and the City shall document the notification used for each impounded cart.
2) Impounded shopping carts shall be held at a location designated by the City which is reasonably convenient to the cart owner and open for at least 6 hours of each business day.
3) Any shopping cart impounded by the City pursuant to this Subsection C shall be subject to the collection of costs under Section 8.15.130.
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8.15.130 Administrative Costs and Fines
Pursuant to Business and Professions Code Section 22435.7, any owner that fails to retrieve its abandoned cart(s) within 3 business days after receiving notice from the City shall pay the City’s actual costs for retrieving the cart(s) and providing the notification to the owner. Additionally, where a shopping cart is impounded because its location impedes emergency services pursuant to Section 8.15.150, the owner shall pay the City’s actual costs for retrieving the cart(s) and providing the notification to the owner. The administrative costs shall be set forth in the City’s Master Fee Schedule.
Any owner who fails to retrieve abandoned carts in accordance with this Chapter in excess of three (3) times during a specified six-month period shall be subject to an additional fifty ($50.00) dollar fine for each occurrence. An occurrence includes all carts owned by the owner that are impounded by the City in a one-day period. The “specified six-month period” shall be the sixmonth periods ending on June 30th and December 31st of each calendar year.
8.15.140 Disposal of Abandoned Shopping Carts
Pursuant to State law, any shopping cart that is an identified shopping cart and that has been impounded by the City pursuant to Section 8.15.120 and not reclaimed from the City within thirty (30) days after notification to the owner may be sold or otherwise disposed of by the City or its agents as it sees fit.
If the shopping cart does not have a sign affixed to it in accordance with Section 8.15.050 and the owner cannot be reasonably ascertained, the shopping cart may be designated as “unidentified” and immediately impounded, sold, or disposed of by the City or its agents as it sees fit.
8.15.150 Emergency Services
Pursuant to Business and Professions Code Section 22435.7(c), any City officer, employee, or agent may immediately retrieve any shopping cart from public or private property if its location impedes emergency services.
8.15.160 Enforcement
Any person or business who violates the provisions of this Chapter is subject to any enforcement procedures permitted by law, including but not limited to: prosecution of a misdemeanor or an infraction, civil action for injunction, administrative enforcement procedures, including administrative citation, and revocation of a use permit if applicable.
8.15.170 Records Required for Retrieval Services
Any person or business who engages in the business of shopping cart retrieval shall retain records showing written authorization from the owners to retrieve abandoned shopping carts and to be in possession of the shopping carts retrieved. A copy of the records showing written authorization shall be maintained in each vehicle used for abandoned shopping cart retrieval.
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8.15.180 Business License Required for Retrieval Services Any person or business intending to operate a shopping cart retrieval service for the purposes described in this Chapter shall first obtain a business license from the City.
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of April 8, 2025
From: Luis Torrico, Director of Community Development
Prepared by: Marco Espinoza, Planning Manager
Subject: Introduce Ordinance 1322, a Municipal Code Text Amendment to Amend the City of San Dimas Municipal Code, Title 18, as Necessary to Remove Verbiage Regarding the Initiation Process for Zone Change and Municipal Code Text Amendments.
____________________________________________________________________________
SUMMARY
For the past several years, staff has been auditing the San Dimas Municipal Code (SDMC) to identify ways to make the Code more functional and user-friendly for residents, contractors, and staff to understand and navigate. To this end, staff identified several Chapters of the SDMC Title 18-Zoning that should be amended, updated, deleted and/or modified.
On April 27, 2021, the City Council approved the initiation of a Municipal Code Text Amendment (MCTA) to amend the Chapters identified by staff. The MCTA was broken up into three (3) separate MCTA actions. Due to the complexity of MCTA Action No. 1, it will be done in phases.
This amendment will include amending Chapter 18.208, specifically amending the process by which zone changes and amendments to the municipal code are processed, which is part of MCTA Action No. 1.
On February 20, 2025, the Planning Commission heard MCTA 24-11 to amend the City of San Dimas Municipal Code, Title 18, as necessary to remove verbiage regarding the initiation process for zone change and municipal code text amendments and recommended approval of MCTA 24-11 to the City Council 5-0.
RECOMMENDATION
Staff and the Planning Commission recommend the City Council read by title and introduce Ordinance 1322 approving MCTA 24-11, removing verbiage regarding the initiation process for zone change and municipal code text amendments within Chapter 18.208.
MCTA 24-11 Amend the Zone Zhange/Zode Zmendment Process Page 2 For the Meeting of April 8, 2025
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
FISCAL IMPACT
Approving MCTA 24-11 would result in cost savings for staff as there is no fee for the initiation request. Staff is required to review the request, draft a staff report and present it to the Planning Commission, at no cost to the applicant. Eliminating the initiation process would require applicants to submit a MCTA application and the applicable fees.
BACKGROUND
On April 27, 2021, City Council voted 5-0 to initiate a MCTA to amend, update, delete and/or modify several chapters of the City’s municipal code. The MCTA initiation was broken up into three separate MCTA actions. MCTA Action No. 1 consists of amending SDMC Section 17.12 Preliminary and Tentative Maps – Filing Procedures, Chapter 18.12 Development Plan Review Board, Chapter 18.196 Temporary Uses, Chapter 18.200 Conditional Use Permits, Chapter
18.204 Variances, Chapter 18.208 Zone Changes and Amendments, and Chapter 18.212 Appeal Procedures. MCTA Action No. 2 consists of amending Chapter 18.20 Residential Zones Generally, Chapter 18.24 S-F Single-Family Residential Zone, and Chapter 18.35 SF-DR SingleFamily Downtown Residential Zone of the San Dimas Municipal Code. MCTA Action No. 3 consists of amending Chapter 18.08 Definitions and Chapter 18.188 Explosives. In addition, the initiation included the amendment of other applicable chapters as required (see Attachment 3).
MCTA Action No. 1 will be carried out in phases due to its complexity. As part of MCTA Action No. 1, this amendment will include amending Chapter 18.208, specifically amending the process by which zone changes and amendments to the municipal code are processed. MCTA Action No. 2 was presented to the Planning Commission on November 21, 2024, and will be presented to the City Council for review and approval in early 2025. MCTA Action No. 3 will be presented to Planning Commission at a later date.
On February 20, 2025, the Planning Commission heard MCTA 24-11 which was a consideration of a Municipal Code Text Amendment to (1) amend Title 18 as necessary to amend the process for zone changes and amendments and (2) to eliminate the Development Plan Review Board.
The Planning Commission voted 5-0 to recommend approval to the City Council of MCTA 24-11 (see Attachment 2). At the meeting there was no public input on the item. Even though the Planning Commission heard these two items as one hearing item, staff split these two items to be heard separately per the City Council’s direction. The deletion of DPRB will be presented to the City Council at a future Council meeting date.
DISCUSSION/ANALYSIS
As previously mentioned, this amendment is part of Action No. 1 which has been divided into a number of actions required to make the Code more functional, as well as more user-friendly for residents, contractors, and staff to understand and navigate. The following MCTA will amend the process for zone changes and amendments to Title 18.
MCTA 24-11 Amend the Zone Zhange/Zode Zmendment Process Page 3 For the Meeting of April 8, 2025
Zone Changes and Amendments – Chapter 18.208
Chapter 18.208 Zone Changes and Amendments sets forth the procedures for zone changes and amendments to Title 18. Before a formal application for a MCTA can be submitted, an initiation to petition the change must first be submitted to be considered by the Planning Commission. After staff reviews the initiation request, a staff report is prepared and presented to the Planning Commission. The Commission will consider whether the proposed zone change or code amendment (i.e. MCTA or General Plan Amendment) is a reasonable request and if the applicant can proceed with a formal application and will either approve the initiation request to allow the applicant to move forward with a formal MCTA application or deny the initiation request.
It should be noted that there is no fee for the initiation request and the submittal requirements for the initiation request and formal MCTA application are the same. The information presented in the initiation staff report is the same information that is presented in the MCTA staff report. The only difference is that the initiation request is not a public hearing, while the MCTA request is. It’s also important to note that if the Commission were to deny the initiation request, the City would still have to accept the applicant’s MCTA application if they chose to move forward.
Should this amendment be approved, the first part of the process (Initiation) will no longer be required saving the applicant precious time in the entitlement process. The applicant or property owner or their representative would now submit a formal MCTA application along with the required fee to request a zone change or code amendment. The rest of the process will continue to be the same, which will first be reviewed by the Planning Commission at a public hearing during which the Commission will provide a recommendation to the City Council. Subsequently, the City Council, at a public hearing, will make the final determination on the request. Under the proposed amendments, the City Council and the Planning Commission will still have the ability to direct staff to process a zone change or code amendment.
In surveying some of the surrounding cities, San Dimas is the only city that has this process.
Removing this procedure will make the process more efficient and will not affect the final outcome of the process. As such, staff identified this as a process that is redundant, confusing, and time consuming for the applicant; therefore, it warrants elimination.
ALTERNATIVES
There are currently no alternatives proposed for this request; however, the City Council may recommend changes to the proposed MCTA language.
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 24-11 Amend the Zone Zhange/Zode Zmendment Process Page 4 For the Meeting of April 8, 2025
Respectfully submitted,
Marco Espinoza
Planning Manager
Attachments:
1. Ordinance 1322
2. Planning Commission Staff Report, Reso. PC-1692, Draft Minutes
3. April 27, 2021, City Council Report and Action Summary
ATTACHMENT 1
ORDINANCE 1322
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, CALIFORNIA, APPROVING MUNICIPAL CODE TEXT AMENDMENT 24-11, A REQUEST TO AMEND THE CITY OF SAN DIMAS MUNICIPAL CODE TITLE 18 AS NECESSARY TO REMOVE VERBIAGE
REGARDING THE INITIATION PROCESS FOR ZONE CHANGE AND
MUNICIPAL CODE TEXT AMENDMENTS.
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 a Municipal Code Text Amendment to amend the City of San Dimas Municipal Code, Title 18, Chapter 18.208 Zone Changes and Amendments as necessary to amend the process for zone changes and amendments; and WHEREAS, the Amendment would be applicable City wide; and WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on December 19, 2024, and at such meeting staff requested the item be continued to the next regularly scheduled meeting of January 16, 2025, and at such meeting staff again requested the Planning Commission continue the item to the next regularly scheduled meeting of February 20, 2025, where the Planning Commission heard evidence and voted 5-0 to recommend approval of Municipal Code Text Amendment 24-11 to the City Council; and WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on April 8 2025 at the hour of 7:00 p.m., with all testimony received being made a part of the public record; and
WHEREAS, the proposed amendments will be consistent with one of the recommendations from the Development Process Performance Audit that was completed in 2023 by Matrix Consulting Group. Based on the consultant’s assessment and analysis, they recommended removing duplicated procedural process; and WHEREAS, all requirements of the California Environmental Quality Act and the City’s Environmental Guidelines have been met for the consideration of whether the project will have a significant effect on the environment.
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:
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 Municipal Code Text Amendment is intended to eliminate duplicative processes, reduce procedural ambiguity, and improve efficiency for applicants. The proposed amendment will not adversely affect property values, establish negative precedents, or result in detrimental impacts to the community. Instead, the proposed
Ordinance 1322 MCTA 24-11 Page 2
April 8, 2025
amendment seeks to promote a more efficient and transparent review process by eliminating unnecessary procedural steps and saving the applicant’s time.
B. The proposed Municipal Code Text Amendment will further the public health, safety and general welfare.
The proposed amendments advance the general welfare of San Dimas by refining the review process to remove redundancies and reduce confusion in the application procedures. It eliminates the previously required step of review by the Planning Commission to initiate a municipal code text amendment or zone change only to hear the same evidence the next month again thereby creating a more efficient and streamlined approach of hearing the item for consideration only once. This ensures that applications are processed in a manner that is clear, consistent, and supportive of public health, safety, and welfare.
C. The proposed Municipal Code Text Amendment is consistent with the General Plan.
The proposed amendments are aligned with the following goals from the General Plan.
Housing Element
a. Goal Statement HE-3.4 aims to maintain an efficient entitlement process with coordinated permit processing, objective design review and standards, and environmental clearance procedures.
NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, California, does ordain as follows:
SECTION 1. ADOPTION. Municipal Code Text Amendment 24-11 amending the City of San Dimas Municipal Code, Title 18, Chapter 18.208 Zone Changes and Amendments as necessary to amend the process for zone changes and amendments as set forth in Exhibit A, attached hereto and incorporated herein and 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 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
SECTION 3. CEQA DETERMINATION. The City Council hereby finds and determines that is can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
SECTION 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 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
Ordinance 1322 MCTA 24-11 Page 3
April 8, 2025
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 April, 2025, 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 1322 was introduced at a regular meeting of the City Council of the City of San Dimas on the 8th day of April, 2025, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 22nd day of April, 2025.
___________________________
Debra Black, City Clerk
Exhibit A
*New text changes are in Blue and Underlined
*Deleted text is in Red and Strikethrough
SECTION 1. Section 18.208. is hereby amended to read as follows:
18.208.010 Purpose.
The purpose of this chapter is to set forth procedures by which this title may be amended to impose regulations not heretofore imposed, to remove or modify any regulation heretofore imposed, and to change zones or alter boundaries of districts. (Ord. 37 § 650.0, 1961; Ord. 286 § 2, 1970)
18.208.020 Procedure.
A. Initiation. A change of zone or other amendment described in Section 18.208.010 may be initiated by the city council, by the planning commission or an applicant as follows: pursuant to a petition filed as provided in this chapter.
1. A change of zone or other amendment may also be initiated by filing the appropriate application and fee with the Community Development Department by an applicant or the owner(s) or authorized agents of property for which the zone change is being sought. If the property is under multiple ownership all owners or their authorized agents shall join in filing the application.
B. Petition—Filing Fee. Upon paying a filing fee as adopted by city council resolution, a property owner or his authorized representative may file with the director a petition for a change of zone or other amendment on forms provided by the city.
BC. Application Petition—Contents for Zone Change. The application petition shall be complete and shall show:
1. When was existing zoning effective and are there changed conditions to warrant other or additional zoning?
2. Will the proposed change of zone adversely affect the adjoining property as to value, precedent, or be detrimental to the area?
3. Will a change of zone be in the interest of furtherance of public health, safety and general welfare?
4. Such other information as the commission deems necessary.
The application petition shall be verified, dated and accompanied by a certified list as shown on the latest available assessment roll of the county of the names and addresses of all persons to whom all property is assessed within three hundred feet of the exterior boundaries of the property described in the application petition.
CD. Application Petition —Contents for Other Than Zone Change. The application petition shall be complete and shall show:
1. The nature of the amendment sought.
2. The sections of this title affected.
3. The reasons for the proposed amendment.
4. Will the amendment further the public health, safety and welfare?
5. Will the amendment adversely affect other properties?
6. Are there changed conditions to warrant the amendment?
7. Such other information as the commission deems necessary.
E. Duty of Commission. A petition for a change of zone or other amendment shall be construed as a suggestion only. The commission shall not be required to hold a hearing upon
the filing of a petition. The filing fee shall be refunded should the commission elect not to hold a hearing.
DF. Investigation. The planning department shall investigate the facts bearing on the proposed zone change or other amendment to provide information necessary to assure action consistent with the intent of this title and the general plan.
G. Determination Regarding Hearing. The petition and the investigation of the planning department shall be submitted to the planning commission. If the planning commission deems it necessary or desirable, it shall order the planning director to set a hearing thereon. The hearing shall be set not less than fifteen nor more than sixty days thereafter.
EH. Notice of Hearing. Notice of public hearing shall be given in the following ways, and shall contain the date, time and place of the hearing and, in the case of a hearing for a change of zone, a general description of the property for which a change of zone is sought.
1. Notice shall be published in a newspaper of general circulation in the city not less than ten days before the date of hearing.
2. Notices shall be posted not less than ten days before the date of the hearing in a conspicuous place at City Hall, the Los Angeles County public library, and the post office.
3. Except in those cases where the planning commission determines that notice by United States Mail is impractical, notices for a hearing for a change of zone shall be mailed not less than ten days before the hearing to owners of property within a radius of three hundred feet of the exterior boundaries of the property described in the petition, as shown on the latest available assessment roll of the county.
FI. Commission Recommendations. The commission shall recommend to the city council approval or disapproval of the proposed change of zone or other amendment within forty days after the conclusion of the hearing. The recommendation shall include the reasons therefor along with the following findings:
1. Whether or not the proposed change of zone or other amendment will adversely affect the adjoining property as to value, precedent or be detrimental to any area.
2. Whether or not the change of zone or other amendment will further the public health, safety and general welfare.
3. Whether or not the change of zone or other amendment is consistent with the general plan and any applicable special plans.
The recommendation shall be filed with the council and a copy thereof mailed to the petitioner.
GJ. Council Procedure. Upon receipt of the recommendation of the planning commission, the council shall hold a public hearing; provided, however, that if the matter under consideration is an amendment to a zoning ordinance to change property from one zone to another, and the planning commission has recommended against the adoption of such amendment, the city council shall not be required to take any further action thereon unless an appeal is made in accordance with the provisions of Chapter 18.212, except as modified by subsection K H of this section.
HK. Council Action. The council may approve, modify or disapprove the recommendation of the commission; provided, that any modification of the proposed ordinance or amendment by the council shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty days after the reference, or such longer period as may be designated by the council, shall be deemed to be approval of the proposed modification.
IL. Notification. The petitioner shall be notified by mail of the council's final action.
Agenda Item Staff Report
To: Honorable Chair and Members of Planning Commission
For the Meeting of February 20, 2025
From: Luis Torrico, Director of Community Development
Prepared by: Marco Espinoza, Planning Manager
Subject: Municipal Code Text Amendment 24-11; Discussion and Consideration of a Municipal Code Text Amendment to amend the City of San Dimas Municipal Code, Title 18 as necessary to amend the process for zone changes and amendments to Title 18 and to eliminate the Development Plan Review Board. ____________________________________________________________________________
SUMMARY
For the past several years, staff has been auditing the San Dimas Municipal Code (SDMC) to identify ways to make the Code more functional, as well as more user-friendly for residents, contractors, and staff to understand and navigate. To this end, Staff identified several Chapters of the SDMC Title 18-Zoning that should be amended, updated, deleted and/or modified.
On April 27, 2021, the City Council approved the initiation of a Municipal Code Text Amendment (MCTA) to amend the Chapters identified by Staff. The MCTA was broken up into three (3) separate MCTA actions. Due to the complexity of MCTA Action No. 1, it will be done in phases.
This amendment will include amending Chapter 18.208, specifically amending the process by which zone changes and amendments to the municipal code are processed, which is part of MCTA Action No. 1.
Additionally, on July 11, 2023, the City Council initiated a MCTA to eliminate and transfer the Development Plan Review Board (DPRB) authority to the Planning Commission. This action will also amend the Code to eliminate the DPRB and transfer the Board’s review authority to applicable bodies.
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution PC-1692 recommending approval of MCTA 24-11 to the City Council
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
ATTACHMENT 2
MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 2 For the Meeting of February 20, 2025
FISCAL IMPACT
There is no fiscal impact for the recommended action.
BACKGROUND
On April 27, 2021, City Council voted 5-0 to initiate a MCTA to amend, update, delete and/or modify several chapters of the City’s municipal code. The MCTA initiation was broken up into three separate MCTA actions. MCTA Action No. 1 consists of amending SDMC Section 17.12 Preliminary and Tentative Maps – Filing Procedures, Chapter 18.12 Development Plan Review Board, Chapter 18.196 Temporary Uses, Chapter 18.200 Conditional Use Permits, Chapter
18.204 Variances, Chapter 18.208 Zone Changes and Amendments, and Chapter 18.212 Appeal Procedures. MCTA Action No. 2 consists of amending Chapter 18.20 Residential Zones Generally, Chapter 18.24 S-F Single-Family Residential Zone, and Chapter 18.35 SF-DR SingleFamily Downtown Residential Zone of the San Dimas Municipal Code. MCTA Action No. 3 consists of amending Chapter 18.08 Definitions and Chapter 18.188 Explosives. In addition, the initiation included the amendment of other applicable chapters as required.
MCTA Action No. 1 will be done is parts due to its complexity. As part of MCTA Action No. 1, this amendment will include amending Chapter 18.208, specifically amending the process by which zone changes and amendments to the municipal code are processed. MCTA Action No. 2 was presented to the Planning commission on November 21, 2024, and will be presented to the City Council for review and approval in early 2025. MCTA Action No. 3 will be presented to Planning Commission at a later date.
In addition, on July 11, 2023, the City Council initiated a MCTA to eliminate and transfer the Development Plan Review Board (DPRB) authority to the Planning Commission. This amendment will also amend the Code to eliminate the DPRB and transfer the Board’s review authority to applicable bodies. In addition to architectural review of buildings and structures, the DPRB also service as the License and Permit Hearing Board that is responsible for reviewing and approving Reasonable Accommodation Request Applications. This amendment will also be consistent with one of the recommendations from the Development Process Performance Audit that was completed in 2023 by Matrix Consulting Group. Based on the consultant’s assessment and analysis, they recommended that the City Staff re-allocate DPRB decision authority to either the Director/Planning staff or to the Planning Commission, with largely technical decisions delegated to Staff, while more complex decisions delegated to the Planning Commission.
DISCUSSION/ANALYSIS
As previously mentioned, this amendment will address two (2) items:
1. Amending the process for zone changes and amendments to Title 18
2. The elimination the Development Plan Review Board.
1. Zone Changes and Amendments – Chapter 18.208
Chapter 18.208 Zone Changes and Amendments sets forth the procedures for zone changes and amendments to Title 18. Before a formal application for a MCTA can be submitted, an initiation to petition the change must first be submitted to be considered by the Planning Commission. After Staff reviews the initiation request, a staff report is prepared and presented to the Planning Commission. The Commission will consider whether the proposed zone change or code
MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 3 For the Meeting of February 20, 2025
amendment (i.e. MCTA or GPA) is a reasonable request and if the applicant can proceed with a formal application and will either approve the initiation request to allow the applicant to move forward with a formal MCTA application, or deny the initiation request.
It should be noted that there is no fee for the initiation request and submittal requirements for the initiation request and formal MCTA application are the same. The information presented in the initiation staff report is the same information that is presented in the MCTA staff report. The only difference is that the initiation request is not a public hearing while the MCTA request is. It’s also important to note that if the Commission were to deny the initiation request, the City would still have to accept the applicant’s MCTA application if they chose to move forward.
Should this amendment be approved, the first part of the process (Initiation) will no longer be required saving the applicant precious time in the entitlement process. The applicant or property owner or their representative would now submit a formal MCTA application along with the required fee to request a zone change or code amendment. The rest of the process will continue to be the same, which will first be reviewed by the Planning Commission at a public hearing during which the Commission will provide a recommendation to the City Council. Subsequently, the City Council, at a public hearing, will make the final determination on the request. Under the proposed amendments, the City Council and the Planning Commission will still have the ability to direct Staff to process a zone change or code amendment.
In surveying some of the surrounding cities, San Dimas is the only city that has this process.
Removing this procedure will make the process more efficient and will not affect the final outcome of the process. As such, Staff had identified this as a process that is redundant, confusing and time consuming for the applicant; therefore, warrants elimination of the process.
2. Removal of DPRB
The DPRB was created per Chapter 18.12 for the review and approval of certain development projects under a development plan review process. The Board is composed of six (6) members, the president of the Chamber of Commerce; a member of the Planning Commission; the Director of Public Works; the City Manager; the Director of Community Development; or their designated representatives; and an appointed member of the general public at large. The Board meets twice a month, on the second and fourth Thursday of every month at 8:30 a.m. at City Hall. If no items are to be heard the meeting is cancelled. When items are to be heard, neighbor notifications are sent the week before the meeting date, to adjacent neighbors, notifying them of the item and requesting their participation in the DPRB review process. The agenda and the staff reports are also posted on the City’s website for the public’s viewing. The Board may continue, approve or disapprove the applicants’ request at the meeting. If the item is approved there is a 14-day appeal period from the date of approval by the Board. If no appeal is submitted, the applicant may then proceed with the next step in projects entitlements or implementation such as for tree removals.
Table 1 identifies the current review authority for different development projects including the Board’s review authority. Under the current review process, projects in the Exemptions column are reviewed and approved by the Planning Manager or their designee (Planning Staff), and projects in the Director of Development Services are also reviewed and approved at Staff level but also require that neighbors be notified about the project’s approval.
MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 4 For the Meeting of February 20, 2025
MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 5 For the Meeting of February 20, 2025
Table 1 – Development Plan Review Authority (SDMC 18.12.050) The DPRB is listed as the authoritative body for various forms of development projects throughout Title 18 of the City’s Municipal Code, thus numerous sections of the Municipal Code were required to be amended. The proposed amendments to the San Dimas Municipal Code will simplify the Municipal Code by clearly laying out the process needed for each type of administrative and discretionary action as well as establishing the authority for review of each action. By delegating review and approval authority from the DPRB to either City Staff, Community Development Director, or the Planning Commission; or a combination of the aforementioned authorities.
The DPRB’s function is attached to many aspects of the City Code, approving the design of all new residential and non-residential buildings, modifications to historic structures, master sign programs, tree removals (4 or more trees), community fence plans, to name a few items. The Board also reviews and approves Reasonable Accommodation Request Applications allowing for deviations from the Municipal Code based on their medical or health conditions. Additionally, the Board has an additional role as the Permit and License Hearing Board, the Board reviews and approves live entertainment permits and also permits for specific business that required additional review such as locksmiths, patrol systems, non-certified massage technicians, sidewalk vendors, and others.
The Board’s functions in recent years have been more of approving projects that have already been vetted by staff for compliance with the Code’s development standards and architectural design aesthetics compatible with the city’s standards than of them vetting out the design. These projects also have been approved with conditions of approval that have been standardized by staff, in addition to case specific conditions. This has helped to streamline the Board’s review of certain projects, however the process of preparing a staff report, neighbor notification and the agenda takes time and delays an applicant’s project by up to two (2) months. All the functions the Board currently facilitates can be absorbed by Staff or the Planning Commission, streamlining the process for the process. Table 2 below is the proposed Development Plan Review Authority table that shows the review and approval body for the different developments and/or uses. Staff is not proposing major changes to the review authority. Currently, any new development is reviewed by the DPRB. Under the proposed changes, the Planning Commission would absorb those responsibilities, except for a new single-family residence. Should the proposed changes be approved, a new single family residence would be subject to Director’s review which would be at Staff level but would require that all property owners within one hundred feet of the subject site be notified. However, if the single family residence is proposed as part of a new subdivision, the application will be subject to review by the Planning Commission and City Council due to the Parcel/Tract Map. Staff is also proposing to simplify the review process for swimming pools and commercial signs by requiring that they be reviewed at Staff level. The table below shows all the changes that Staff is proposing.
MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 6 For the Meeting of February 20, 2025
Table 18.12.050
Development Plan Review Authority*
Exemptions Administrative -
Planning Division Staff
Director of Community
Development Services
Planning Commission
Development Plan Review
Board (DPRB)
Single-family residential
additions or structural
modifications where addition
is 1-story in height and where
designed to match existing
building exterior
New single-family
residences. Single-family
residential additions or
structural modifications
where addition is greater
than 1-story in height.;
provided neighbors are
notified
New multifamily residential
projects, where the
underlying zone does not
allow as a permitted use;
new office, commercial,
institutional, public, industrial
and other nonresidential
buildings.
Precise Plan; recommend to
city council.
New single-family
residences; new multiplefamily residences, office,
commercial, institutional,
public, industrial and other
nonresidential buildings
Accessory dwelling units
and/or junior accessory
dwelling units
Ground-mounted mechanical
equipment where screened
from view of adjoining
properties and public streets.
Roof-mounted mechanical
equipment for non-residential
uses, or residential uses with
flat roof and screened by a
parapet wall or roof equipmentwell.
Roof-mounted
mechanical
equipment
Patios, gazebos, first
floor/ground decks and similar
accessory decks and similar
accessory residential
structures without cantilever
design or retaining wall
support and not visible from
public rights-of-way
Patios, gazebos, first
floor/ground decks and similar
accessory residential
structures with cantilever
design or retaining wall
support and visible from public
rights-of-way.
Swimming pools and spas with
or without retaining walls or
with not more than 50 cubic
yards of grading(excluding pool
excavation)
Swimming pools and spas
with retaining walls or with
more than 50 cubic yards of
grading (excluding pool
excavation)
MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 7 For the Meeting of February 20, 2025
Second-story decks and
balconies less than 200
square feet., which are not on
street-facing side of home and
which are not located in a
zero lot line or attached
residential project; provided
that neighbors are notified
Second-story decks and
balconies greater than 200
square feet., which are not on
street-facing side of home
and which are not located in a
zero lot line or attached
residential project; provided
that neighbors are notified
Signs complying with approved
sign program
Wall signs, and on-site
directional signs and other signs
which comply with Chapter
18.152
Monument signs which
comply with Chapter 18.152
and additional wall signs
allowed by Chapter 18.152
Sign programs
Temporary signs and banners
which comply with Chapter
18.152
Sign face changes
Monument Signs which comply
with Chapter 18.152
Sign Programs
Minor additions and structural
modifications to multiplefamily residential and
nonresidential uses and
structures, for which there is
no increase in intensity of use
or additional parking required.
Examples: interior remodels,
trash enclosures and similar
facilities
Additions and structural
modifications to multiple-family
residential and nonresidential
uses and structures, which
increase intensity of use or
additional parking required or
substantially modifies the
exterior look of the building(s).
Examples: exterior remodeling,
exterior color and material
changes and similar
modifications
Additions and structural
modifications to residential and
nonresidential structures on the
City’s historic inventory list.
Additions or structural
modifications to an
designated historic structure
Demolition of nonhistoric
buildings
Demolition of buildings on
City’s historic inventory list,
subject to review of a historical
significance evaluation
Demolition of designated
historic buildings, subject to
review of a historical
significance evaluation
Grading and reforming of land
of not more than 50 cubic yards
or other minor grading in
isolated, self- contained areas
not intended to support
structures or not associated
with a swimming pool
Grading and reforming of land
greater than 50.1 cubic yards
and which is not associated
with a swimming pool or in
anticipation of a development
plan requiring Planning
Commission DPRB review
Grading associated with a
development plan requiring
Planning Commission DPRB
review
MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 8 For the Meeting of February 20, 2025
Fencing and landscape plans
complying with an approved
Community fencing or
landscape plans
Community fencing or
landscape plan
Modification to community
fencing plan
Satellite dishes which are less
than 24 inches in diameter and
not visible from public rights-ofway
Satellite dishes 24 36 inches
or greater in diameter or
visible from public rights-ofway, flag poles,
communication towers and
other similar accessory
facilities
Flag poles
Other development of similar
scale or impact, as determined
by the director of community
development services,
provided that no development
explicitly subject to review
under subsection C or D of this
section shall be exempted
Other development of similar
scale or impact, as
determined by the director of
community development
services; provided, that no
development explicitly
subject to review under
subsection D of this section
shall be reviewed pursuant
to this subsection.
Other development plans not
governed by subsections B
and C of this section
Tennis courts
*Structures or developments which are not included in Table 18.12.050 may be allowed, upon a determination by the director of community development that they are similar and not more obnoxious or detrimental than the structures or developments listed above.
Table 2 – Proposed Development Plan Review Authority (SDMC 18.12.050) In addition to deleting DRPB from Chapter 18.12, the DPRB is intertwined in almost every other Section within Chapter 18 - Zoning. Within Title18 there are 77 sections that were all reviewed and amended to delete the DPRB and reassign a review body for the different development and or uses. At this time, Staff is also proposing to delete a confusing process that was changed by through a Policy approved by the City Council. The Code requires in some of the residential Specific Plans, the submittal of a Conditional Use Permit (CUP) Application for accessory structures (i.e. patio cover, decks, detached garages, pools, etc.). These CUP Applications are to be reviewed by the DPRB and not the Planning Commission who reviews and approves CUP’s.
This requirement is costly and time-consuming for residential property owners seeking to make minor improvements to their backyards. Staff is proposing to make this an administrative process, which would significantly reduce the cost and review time, and would be consistent with the review process for the other single-family residential zones in the City.
The Board is also responsible for reviewing Reasonable Accommodation Request Applications; however, in recent years, this has been become problematic due to the Health Insurance Portability and Accountable Act of 1996 (HIPAA), which limits the amount of health information that can be discussed. Therefore, reassigning this process for zoning related issues to the Director of Community Development would be better suited for the City and the applicant. The
MCTA 24-11; Amend zone change/amendment process and eliminate the DPRB Page 9 For the Meeting of February 20, 2025
application can be reviewed and approved without having a public meeting and discussing aspects of the application in public.
Another function of the Board is to act as the License and Permit Hearing Board (LPHB) that reviews certain permits and licenses; live entertainment at a business, and certain businesses that at the time of creation of these code sections may not of had a review process or requirements of licenses of permits or certifications from other governmental agencies. Many of the processes and requirements of the LPHB are outdated and can be deleted and/or absorbed by the land use section of the City’s Municipal Code. Staff believes that deleting the LPHB would make the process more efficient; however, this direction was not given by the Council. Therefore, since the DPRB will be eliminated, at this time Staff is proposing to redefine the LPHB to be made up of the Assistant City Manager, and Directors of Administrative Services, Parks and Recreation, Public Works and Community Development. This will still allow the LPHB to function, until Staff brings back a request to eliminate the LPHB to the Planning Commission and City Council.
In addition to the deletion of DPRB and the initiation/petition process, the Code was also amended to correctly refer to the Director of Community Development rather than Planning Director or Director of Community Services to be consistent with the City’s Municipal Code Title 18.
Lastly, with the proposed changes to the review authority table and how the City will review Reasonable Accommodation and LPHB applications, Staff will have to propose new fees. These will be proposed separately to the City Council as fees are not under the purview of the Planning Commission.
ALTERNATIVES
There are currently no alternatives proposed for this request; however, the Planning Commission may recommend changes to the proposed MCTA language.
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,
Marco Espinoza
Planning Manager
Attachments:
1. Resolution PC-1692
2. July 11, 2023 City Council Report and Action Summary
3. April 27, 2021, City Council Report and Action Summary
RESOLUTION PC-1692
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF MUNICIPAL CODE TEXT AMENDMENT 24-11, A REQUEST TO AMEND THE CITY OF SAN DIMAS MUNICIPAL CODE TITLE 18 AS NECESSARY
TO REMVOE AMEND THE PROCESS FOR ZONE CHANGES AND AMENDMENTS TO TITLE 18 AND TO ELIMINATE THE DEVELOPMENT PLAN REVIEW BOARD.
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 a Municipal Code Text Amendment to amend the City of San Dimas Municipal Code, Title 18 as necessary to amend the process for zone changes and amendments to Title 18 and to eliminate the Development Plan Review Board; and WHEREAS, the Amendment would affect City wide; and
WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on December 19, 2024 at the hour of 6:00 p.m., and at such meeting staff requested the item be continued to the next regularly scheduled meeting of January 16, 2025, and at such meeting staff again requested the Planning Commission continue the item to the next regularly schedule meeting of February 20, 2025, which the Planning Commission granted and with all testimony received being made a part of the public record; and
WHEREAS, all requirements of the California Environmental Quality Act and the City’s Environmental Guidelines have been met for the consideration of whether the project will have a significant effect on the environment.
WHEREAS, the proposed amendments will also be consistent with one of the recommendations from the Development Process Performance Audit that was completed in 2023 by Matrix Consulting Group. Based on the consultant’s assessment and analysis, they recommended that the City Staff re-allocate DPRB decision authority to either the Director/Planning staff or to the Planning Commission, with largely technical decisions delegated to Staff, while more complex decisions delegated to the Planning Commission.
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 Municipal Code Text Amendments are intended to eliminate duplicative processes, reduce procedural ambiguity, and improve efficiency for applicants. The proposed amendments will not adversely affect property values, establish negative precedents, or result in detrimental impacts to the community. Instead, the proposed amendments seeks to promote a more efficient and transparent review process by directing development project evaluations to the appropriate review bodies and eliminating unnecessary procedural steps and saving the applicant’s time.
B. The proposed Municipal Code Text Amendment will further the public health, safety and general welfare.
ATTACHMENT 1
PC-1692 Page 2 of 74
The proposed amendments advance the general welfare of San Dimas by refining the review process to remove redundancies and reduce confusion in the application procedures. It eliminates the previously required steps of review by either the Development Plan Review Boards or the License and Permit Hearing Board, thereby creating a more efficient and streamlined approach. This ensures that applications are processed in a manner that is clear, consistent, and supportive of public health, safety, and welfare.
C. The proposed Municipal Code Text Amendment is consistent with the General Plan.
The proposed amendments are aligned with the following goals from the General Plan.
Housing Element
a. Goal Statement HE-3.3 seeks to provide flexibility in development and design standards to accommodate new models and approaches to encourage mixed uses, live/work, accessory dwellings, and other types of housing.
b. Goal Statement HE-3.4 aims to maintain an efficient entitlement process with coordinated permit processing, objective design review and standards, and environmental clearance procedures.
NOW, THEREFORE, BE IT FURTHER RESOLVED, PURSUANT TO THE ABOVE FINDINGS, that the Planning Commission recommends to the City Council approval of Municipal Code Text Amendment 24-11 as set forth in attached EXHIBIT A:
PASSED, APPROVED and ADOPTED, the 20th day of February, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
David A. Bratt, Chairman
San Dimas Planning Commission
ATTEST:
_______________________________________
Kimberly Neustice, Senior Administrative Analyst
PC-1692 Page 3 of 74
EXHIBIT A
• New text changes are in Blue Underlined
• Deleted text is in Red Strikethrough
SECTION 1. Section 18.208. is hereby amended to read as follows:
18.208.010 Purpose.
The purpose of this chapter is to set forth procedures by which this title may be amended to impose regulations not heretofore imposed, to remove or modify any regulation heretofore imposed, and to change zones or alter boundaries of districts. (Ord. 37 § 650.0, 1961; Ord. 286 § 2, 1970)
18.208.020 Procedure.
A. Initiation. A change of zone or other amendment described in Section 18.208.010 may be initiated by the city council, by the planning commission or an applicant as follows: pursuant to a petition filed as provided in this chapter.
1. A change of zone or other amendment may also be initiated by filing the appropriate application and fee with the Community Development Department by an applicant or the owner(s) or authorized agents of property for which the zone change is being sought. If the property is under multiple ownership all owners or their authorized agents shall join in filing the application.
B. Petition—Filing Fee. Upon paying a filing fee as adopted by city council resolution, a property owner or his authorized representative may file with the director a petition for a change of zone or other amendment on forms provided by the city.
BC. Application Petition—Contents for Zone Change. The application petition shall be complete and shall show:
1. When was existing zoning effective and are there changed conditions to warrant other or additional zoning?
2. Will the proposed change of zone adversely affect the adjoining property as to value, precedent, or be detrimental to the area?
3. Will a change of zone be in the interest of furtherance of public health, safety and general welfare?
4. Such other information as the commission deems necessary.
The application petition shall be verified, dated and accompanied by a certified list as shown on the latest available assessment roll of the county of the names and addresses of all persons to whom all property is assessed within three hundred feet of the exterior boundaries of the property described in the application petition.
CD. Application Petition —Contents for Other Than Zone Change. The application petition shall be complete and shall show:
1. The nature of the amendment sought.
2. The sections of this title affected.
3. The reasons for the proposed amendment.
4. Will the amendment further the public health, safety and welfare?
5. Will the amendment adversely affect other properties?
6. Are there changed conditions to warrant the amendment?
7. Such other information as the commission deems necessary.
E. Duty of Commission. A petition for a change of zone or other amendment shall be construed as a suggestion only. The commission shall not be required to hold a hearing upon the filing of a petition. The filing fee shall be refunded should the commission elect not to hold a hearing.
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DF. Investigation. The planning department shall investigate the facts bearing on the proposed zone change or other amendment to provide information necessary to assure action consistent with the intent of this title and the general plan.
G. Determination Regarding Hearing. The petition and the investigation of the planning department shall be submitted to the planning commission. If the planning commission deems it necessary or desirable, it shall order the planning director to set a hearing thereon. The hearing shall be set not less than fifteen nor more than sixty days thereafter.
EH. Notice of Hearing. Notice of public hearing shall be given in the following ways, and shall contain the date, time and place of the hearing and, in the case of a hearing for a change of zone, a general description of the property for which a change of zone is sought.
1. Notice shall be published in a newspaper of general circulation in the city not less than ten days before the date of hearing.
2. Notices shall be posted not less than ten days before the date of the hearing in a conspicuous place at City Hall, the Los Angeles County public library, and the post office.
3. Except in those cases where the planning commission determines that notice by United States Mail is impractical, notices for a hearing for a change of zone shall be mailed not less than ten days before the hearing to owners of property within a radius of three hundred feet of the exterior boundaries of the property described in the petition, as shown on the latest available assessment roll of the county.
FI. Commission Recommendations. The commission shall recommend to the city council approval or disapproval of the proposed change of zone or other amendment within forty days after the conclusion of the hearing. The recommendation shall include the reasons therefor along with the following findings:
1. Whether or not the proposed change of zone or other amendment will adversely affect the adjoining property as to value, precedent or be detrimental to any area.
2. Whether or not the change of zone or other amendment will further the public health, safety and general welfare.
3. Whether or not the change of zone or other amendment is consistent with the general plan and any applicable special plans.
The recommendation shall be filed with the council and a copy thereof mailed to the petitioner.
GJ. Council Procedure. Upon receipt of the recommendation of the planning commission, the council shall hold a public hearing; provided, however, that if the matter under consideration is an amendment to a zoning ordinance to change property from one zone to another, and the planning commission has recommended against the adoption of such amendment, the city council shall not be required to take any further action thereon unless an appeal is made in accordance with the provisions of Chapter 18.212, except as modified by subsection K H of this section.
HK. Council Action. The council may approve, modify or disapprove the recommendation of the commission; provided, that any modification of the proposed ordinance or amendment by the council shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty days after the reference, or such longer period as may be designated by the council, shall be deemed to be approval of the proposed modification.
IL. Notification. The petitioner shall be notified by mail of the council's final action.
SECTION 2. Section 5.12.010 is hereby amended to read as follows:
The Assistant City Manager, and Directors of Administrative Services, Parks and Recreation, Public Works and Community Development are development plan review board is designated as the license and permit hearing board of the city. Such board shall have the power to grant all permits required by Chapters 5.28, 5.32, 5.36 and 5.68 and to revoke or suspend any permit or license
PC-1692 Page 5 of 74
granted or issued under the provisions of this title. Such board shall be governed by the procedures set out in this title.
SECTION 3. Chapter 1.30.080 is hereby amended to read as follows:
1.30.080 Process for determination—Zoning-related applications.
A. Receipt of Application. The director of community development or his or her designee, shall investigate the facts bearing on the application, and compile the information necessary for a decision on the application.
B. Review. The application shall be forwarded to the director of community development shall forward the application to the development plan review board for consideration within thirty days of the submittal of a complete application. At such review, the director development plan review board shall conduct a review on the request for reasonable accommodation at which all reasonable evidence and credible testimony shall be considered. The director development plan review board may, at their its discretion or upon request of an applicant, continue the matter as deemed necessary if additional information will facilitate more complete consideration of the matter.
C. Decision. The development plan review board director of community development shall issue a written decision and may grant the accommodation request, deny the request, offer approval of an alternate accommodation, or approve the request with conditions. The written decision is to be based on the contents of the application, the staff report, the any testimony requested by the applicant and or associated individuals, and evidence presented at the hearing, and a consideration of the factors set forth in Section 1.30.060 of this chapter. The decision shall:
1. Contain the factual findings, conclusions and reasons for the decision;
2. Give notice of the right to appeal pursuant to Section 1.30.090 of this chapter;
3. Be sent to the applicant by mail. (Ord. 1146 § 1, 2005) SECTION 4. Chapter 8.36.030 is hereby amended to read as follows:
8.36.030 Fixed and mobile noise sources.
On or after the effective date of the ordinance codified in this chapter, unless a permit has been granted by the development plan review board director of community development, it is unlawful for any person to operate or cause to be operated, any single or combination fixed source or mobile source type of equipment or machinery, that individually or collectively constitute an identifiable noise source in such a manner as to cause the sound level at any point on the property line of any property to exceed the noise level limits set forth in Section 8.36.040 of this chapter, however, that if all provisions of Section 8.36.110 are complied with, this section shall not apply to construction equipment used in connection with construction operations. (Ord. 868 § 1, 1987) SECTION 5. Chapter 15.04.030 is hereby amended to read as follows:
15.04.030 Reroofing requirements.
Roofs of existing multi-family residential buildings (including duplexes, townhomes and condominiums) of Type V construction in the Severely High Fire Zone III shall be reroofed with fireretardant Class A roofing materials. In the Severely High Fire Zone IV, all new roofs and reroofing of existing buildings shall be with fire-retardant Class A roofing materials. In the case of reroofing of existing structures, the fire-retardant roof materials shall be compatible with other roofs in the surrounding community, as determined by the city building planning division. Any appeal of the decision of the building official shall be to the development plan review board.
SECTION 6. Chapter 18.12.010 is hereby amended to read as follows:
§ 18.12.010. Purpose.
The purpose of this chapter is to permit the city to review proposed development projects to ensure compliance with the general plan goals, policies and objectives favoring high-quality development which is both internally balanced and harmonious and is complimentary to adjacent properties.
PC-1692 Page 6 of 74
The city recognizes that architectural design and treatment of buildings and structures, integrity of design, orientation and configuration of buildings and structures upon a site, compatibility of development with adjacent development, traffic circulation and parking, and landscaping and open areas are all factors which should be addressed with respect to development of any property so as to create attractive, desirable and healthy neighborhoods for work and residence. The city's objective is to encourage and to promote development which is not only functional and attractive, but is also functionally and aesthetically compatible with surrounding development and enhancing to the area in which it is located. In furtherance of this purpose, this chapter provides for detailed site plan review of development proposals to ensure compliance with the zoning ordinance and other regulations of the city by creating a development plan review board designating the appropriate review authorities to review such proposals and impose such conditions as the board deems necessary to carry out the purposes of this chapter. Where the proposed development plan creates adverse effects on surrounding properties, or environmental impacts are found to so require, the review authority director of development services or the development plan review board, as the case may be, may establish more stringent regulations than those otherwise specified.
§ 18.12.020. Development plan review board created.
A. Creation. There is created a development plan review board consisting of the president of the Chamber of Commerce; a member of the city council; a member of the planning commission; the director of public works; the city manager; the director of development services; or their designated representatives; and, an appointed member of the general public at large with a designated alternate. In the event that the board attendance is not sufficient to reach a quorum, the director of community development shall appoint a temporary board member(s). The term "DPRB," when used in this chapter, refers to the development plan review board. The DPRB shall carry out the duties prescribed in this chapter.
B. Meetings. The DPRB shall meet regularly in open meeting at a time to be determined by the development plan review board.
C. Rules of Procedure. The DPRB may adopt such procedural rules as are necessary for the conduct of its business
§ 18.12.0230. Review required.
§ 18.12.0340. Submission of development plan.
…
C. Contents. The development plan shall be the building plans and shall include, but not be limited to, the following:
…
14.Such other data as the review authority development services department staff or DPRB may require to make necessary findings.
(Ord. 37 § 795.6, 1961; Ord. 99 § 4, 1964; Ord. 292 § 1, 1970; Ord. 703 § 1, 1980; Ord. 750 § 4, 1981; Ord. 897 § 1 (E), 1989; Ord. 1117 § 2, 2001; Ord. 1170 § 1, 2007) § 18.12.04540. Resubmittal of denied application.
Following denial of a development plan review application case, no similar or substantially similar Page 183 – 274 PC-1692 Page 7 of 74
application for development plan review on the same property, or portion thereof, shall be filed for one year from the date that the denial becomes final; unless the denial was made without prejudice.
(Ord. 1144 § 3, 2004; Ord. 1170 § 1, 2007)
§ 18.12.050. Review authority.
This section, along with Table 18.12.050 identifies the review authority for reviewing and making decisions on development plan review applications. Multiple applications for the same project shall be processed concurrently and shall be reviewed and approved or denied by the highest review authority designated under this section for any of the applications, with other required reviewing bodies providing a recommendation on the application.
A. Informal Preliminary Review. Applicants may, at their option, submit preliminary drawings to the planning division for informal review and comment prior to the preparation of working drawings. The plan review shall be completed by the Community Development staff and any other department deemed necessary, subject to filing fees as determined by resolution of the City Council.
B. Development Plans – Administrative Review by Planning Division Staff.—Exempt. Planning Division Staff may approve or disapprove those development plan applications, subject to the criteria set forth in Section 18.12.060, as shown below in the first column of Table 18.12.050.
The following development is exempt from development plan review and approval as shown below in the first column of Table 18.12.050. These developments shall conform to all applicable provisions of the San Dimas Municipal Code and this chapter. For development plans specified in this subsection, the community development director director of development services may approve reductions in setbacks or other development standards where this title allows the development plan review board to do so. The director of community development services may, upon a determination that the development could be incompatible with or have an adverse effect on existing and surrounding property, require that the development plan be reviewed pursuant to subsection C or D, as deemed appropriate, of this section.
C. Development Plans – Review by the Director of Community Development. —Review by Director of Development Services. The director of community development of development services may approve, conditionally approve, or disapprove those development plan applications, subject to the criteria set forth in Section 18.12.060, as shown below in the second column of Table 18.12.050. The director of community development of development services may approve reductions in setbacks or other development standards where this title allows the development plan review board to do so. The director of community development of development services may, upon a determination that the development could be incompatible with or have an adverse effect on existing and surrounding property, require that the development plan be reviewed pursuant to subsection D of this section.
D. Development Plan – Review by the Planning Commission. —Review by Development Plan Review Board. The Planning Commission development plan review board may approve, conditionally approve, or disapprove those development plan applications, subject to criteria set forth in Section 18.12.060, as shown below in the third column of Table 18.12.050.
E. Development Plan—Review by City Council. Where the applicant is a city council member or commissioner for the city of San Dimas, a member of the development plan review board, or any designated employee of the city of San Dimas required to file a statement of economic interests, the DPRB shall forward their recommendation to the city council. The city council
PC-1692 Page 8 of 74
may approve, conditionally approved, or disapprove development plan applications, subject to criteria set forth in Section 18.12.060.
Table 18.12.050
Development Plan Review Authority*
Exemptions Administrative -
Planning Division Staff
Director of Community
Development Services
Planning Commission
Development Plan Review
Board (DPRB)
Single-family residential
additions or structural
modifications where addition
is 1-story in height and where
designed to match existing
building exterior
New single-family
residences. Single-family
residential additions or
structural modifications
where addition is greater
than 1-story in height.;
provided neighbors are
notified
New multifamily residential
projects, where the
underlying zone does not
allow as a permitted use;
new office, commercial,
institutional, public, industrial
and other nonresidential
buildings.
Precise Plan; recommend to
city council.
New single-family
residences; new multiplefamily residences, office,
commercial, institutional,
public, industrial and other
nonresidential buildings
Accessory dwelling units
and/or junior accessory
dwelling units
Ground-mounted mechanical
equipment where screened
from view of adjoining
properties and public streets.
Roof-mounted mechanical
equipment for non-residential
uses, or residential uses with
flat roof and screened by a
parapet wall or roof equipmentwell.
Roof-mounted
mechanical
equipment
Patios, gazebos, first
floor/ground decks and similar
accessory decks and similar
accessory residential
structures without cantilever
design or retaining wall
support and not visible from
public rights-of-way
Patios, gazebos, first
floor/ground decks and similar
accessory residential
structures with cantilever
design or retaining wall
support and visible from public
rights-of-way.
Swimming pools and spas with
or without retaining walls or
with not more than 50 cubic
yards of grading(excluding pool
excavation)
Swimming pools and spas
with retaining walls or with
more than 50 cubic yards of
grading (excluding pool
excavation)
PC-1692 Page 9 of 74
Second-story decks and
balconies less than 200
square feet., which are not on
street-facing side of home and
which are not located in a
zero lot line or attached
residential project; provided
that neighbors are notified
Second-story decks and
balconies greater than 200
square feet., which are not on
street-facing side of home
and which are not located in a
zero lot line or attached
residential project; provided
that neighbors are notified
Signs complying with approved
sign program
Wall signs, and on-site
directional signs and other signs
which comply with Chapter
18.152
Monument signs which
comply with Chapter 18.152
and additional wall signs
allowed by Chapter 18.152
Sign programs
Temporary signs and banners
which comply with Chapter
18.152
Sign face changes
Monument Signs which comply
with Chapter 18.152
Sign Programs
Minor additions and structural
modifications to multiplefamily residential and
nonresidential uses and
structures, for which there is
no increase in intensity of use
or additional parking required.
Examples: interior remodels,
trash enclosures and similar
facilities
Additions and structural
modifications to multiple-family
residential and nonresidential
uses and structures, which
increase intensity of use or
additional parking required or
substantially modifies the
exterior look of the building(s).
Examples: exterior remodeling,
exterior color and material
changes and similar
modifications
Additions and structural
modifications to residential and
nonresidential structures on the
City’s historic inventory list.
Additions or structural
modifications to an
designated historic structure
Demolition of nonhistoric
buildings
Demolition of buildings on
City’s historic inventory list,
subject to review of a historical
significance evaluation
Demolition of designated
historic buildings, subject to
review of a historical
significance evaluation
Grading and reforming of land
of not more than 50 cubic yards
or other minor grading in
isolated, self- contained areas
not intended to support
structures or not associated
with a swimming pool
Grading and reforming of land
greater than 50.1 cubic yards
and which is not associated
with a swimming pool or in
anticipation of a development
plan requiring Planning
Commission DPRB review
Grading associated with a
development plan requiring
Planning Commission DPRB
review
Fencing and landscape plans
complying with an approved
Community fencing or
landscape plans
PC-1692 Page 10 of 74
Community fencing or
landscape plan
Modification to community
fencing plan
Satellite dishes which are less
than 24 inches in diameter and
not visible from public rights-ofway
Satellite dishes 24 36 inches
or greater in diameter or
visible from public rights-ofway, flag poles,
communication towers and
other similar accessory
facilities
Flag poles
Other development of similar
scale or impact, as determined
by the director of community
development services,
provided that no development
explicitly subject to review
under subsection C or D of this
section shall be exempted
Other development of similar
scale or impact, as
determined by the director of
community development
services; provided, that no
development explicitly
subject to review under
subsection D of this section
shall be reviewed pursuant
to this subsection.
Other development plans not
governed by subsections B
and C of this section
Tennis courts
*Structures or developments which are not included in Table 18.12.050 may be allowed, upon a determination by the director of community development that they are similar and not more obnoxious or detrimental than the structures or developments listed above. § 18.12.060. Findings—Standard of review.
A. Consideration and Review of Development Plan. In reviewing any development plan presented pursuant to the provisions of this chapter, the review authority planning manager, director of development services or the DPRB, as the case may be, shall consider the following:
….
B. Findings. In approving or conditionally approving a development plan pursuant to the requirements of this chapter, the review authority planning manager, director of development services or the DPRB, as the case may be, shall find that as modified by any imposed conditions:
§ 18.12.070. Procedure.
A. Completeness. The director of community development services shall review a development plan application pursuant to Section 18.12.040 to determine if the application is complete within thirty days after receiving the application. If determined incomplete, the applicant shall be advised in writing of all information needed to complete the application. A determination of completeness by the director of community development services shall not prevent the DPRB review authority from requesting supplemental information to facilitate its decision.
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The applicant must supply the requested plans and/or information within sixty ninety days of the notice of incomplete filing or the application may be deemed to have been withdrawn and no action will be taken on the application, unless an extension is approved by the Director of Community Development for good cause shown. If the applicant subsequently wishes to pursue the project, a new application, including all fees, plans and other materials, must be filed in compliance with this Chapter. Upon receipt of the required items by the community development services department, the information shall be reviewed for completeness and a determination of completion shall be made within thirty days.
B. …..
C. Notice.
1. Planning Commission Review. Written notice shall be sent to the applicant prior to consideration of the development plan application by the development plan review board Planning Commission, pursuant to Section 18.200.080 of this Municipal Code..
Written notice shall be also sent to adjoining property owners prior to consideration of any development plan application by the DPRB
2. Director of Community Development Review. Written notice of the director of community development's decision of the development plan application shall be sent to the applicant and to all property owners within one hundred feet of the external boundaries of the property described in the application. properties within five days of the director's decision.
D. Decision. The review authority director of development services or the development plan review board shall consider any application in a timely manner after it is deemed complete.
In approving a development plan, the director of community development or the Planning Commission development plan review board shall be empowered to impose conditions to ensure conformance to the general plan, zoning code, specific plans, applicable regulations of the San Dimas Municipal Code and the provisions of this chapter. The DPRB may, from time to time, continue its consideration of any development plan.
E. Execution of Approved Plan. The decision of the director of community development services or development plan review board Planning Commission, together with the findings and any conditions, shall be made in writing and shall be kept on file in the community development services department. A copy of such decision shall be mailed to the applicant and to any person who has made written request for such notice. The decision shall be final fourteen days after mailing of the notice, unless the decision is appealed in accordance with subsection H of this section.
F. Extension. Upon receiving a written request prior to the expiration of any approval time period, the director of community development services may grant an extension of the development plan approval for a period not exceeding one year of up to two years; providing, that it is found that there has been no subsequent change in the findings, conditions of approval, and applicable regulations governing the development plan approval.
G. ….
H. Appeals. Any decision, determination or action of the director of community development services pursuant to this chapter may be appealed by any aggrieved party or person to the development plan review board Planning Commission; provided, that such appeal is filed within fourteen days after the issuance of the decision, determination or action by the director of development services. Any decision, determination or action by the development plan review board Planning Commission may be appealed by an aggrieved party or person to the city council provided that such appeal is filed within fourteen days after issuance of the Page 188 – 274 PC-1692 Page 12 of 74
decision, determination or action by the development plan review board Planning Commission. Except for the time period specified herein, appeals shall be governed by the provisions of Chapter 18.212.
§ 18.12.090. Issuance of permit.
Before a building permit or relocation permit is issued for any building or structure, the building department shall ensure that:
A. The proposed building is in conformity with the development and conditions approved by the review authority DPRB or director of development services, and the applicant has signed a file copy of the approved development plan, accepting the conditions thereon. § 18.12.120. Limitation on board authority.
No provision of this chapter shall give the review board or planning commission authority to deny any use permitted by the zone in which the property lies.
SECTION 7. Section 18.14.090. is hereby amended to read as follows:
18.14.090. Minor deviations.
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C. The director of community development services department decision may be appealed to planning commission development plan review board in writing pursuant to the provisions of Chapter 18.212.
SECTION 8. Section 18.24.040. is hereby amended to read as follows:
18.24.040. Property development standards.
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D. Building Height.
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1. No building or structure erected in this zone shall have a height greater than thirtyfive feet or two stories, whichever is less, except that a steeple, spire or other similar projection above a building used primarily for religious purposes, may extend the total height of the structure and steeple, spire or other similar projections as high as forty-five feet, provided that the heights of the steeple, spire, or other similar projection is harmonious in design with the building or structure and with the surrounding neighborhood and a development plan is approved by the review authority development plan review board in accordance with Chapter 18.12 of this title.
SECTION 9. Section 18.32.140. is hereby amended to read as follows:
18.32.140. Lot coverage.
Maximum lot coverage of all structures shall not exceed thirty-five percent of the total area of a lot or parcel. To limit the mass and bulk on larger properties, the development plan review board the review authority, in accordance with Chapter 18.12 of this title, may reduce this maximum lot coverage on lots or parcels greater than twenty thousand square feet in total area.
SECTION 10. Section 18.32.180. is hereby amended to read as follows:
18.32.180. Review requirements.
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Before any grading or building is erected on any lot or parcel that is subject to the requirements and limitations of this chapter, a development plan shall be submitted for review and approvals to the review authority development plan review board and the planning commission, pursuant to the provisions of Chapter 18.12 of this title. The decision of the review authority planning commission shall be final unless that decisions is appealed to the city council pursuant to Chapter
18.212 of the title; provided, that the decision of the planning commission shall be automatically appealed to the city council if the decision of the planning commission is by less than the unanimous vote of all of the members present and participating. In addition to the standard development plan findings, the above bodies review authorities, in approving a development plan for any lot or lots that are subject to the requirements and limitations of this chapter shall make the findings as listed in Section 18.32.020.
SECTION 11. Section 18.35.040. is hereby amended to read as follows:
18.35.040. Property development standards.
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C. Building Height. The following building height standards shall apply:
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2. Exception. A steeple, spire or other similar projection above a building used primarily for religious purposes, may extend the total height of the structure and steeple, spire or other similar projections as high as forty-five feet; provided, that the height of the steeple, spire or other similar projection is harmonious in design with the building or structure and with the surrounding neighborhood and a development plan is approved by the review authority development plan review board in accordance with Chapter 18.12 of this title.
SECTION 12. Section 18.35.070. is hereby amended to read as follows:
18.35.070. Design guidelines.
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B. Architectural. Development, additions and remodels within the downtown residential should be compatible with the surrounding and existing residences as well as reflect early California architecture. Consistency of building materials and colors, as well as historical integrity, should be reflected in new construction, remodels and additions. Additions, remodels and similar improvements to historically significant residential structures may be subject to review by the review authority in accordance with Chapter 18.12 of this title. development plan review board pursuant to the determination of the director of community development.
C. Incentives. Development which the review authority development plan review board determines demonstrates architectural quality and historical integrity shall be eligible for modifications to the following development standards:
SECTION 13. Section 18.35.080. is hereby amended to read as follows:
18.35.080. Provisions for existing residential and noncommercial improvements. …
C. Existing nonconforming residential and noncommercial improvements, or portions of nonconforming residential and noncommercial improvements, destroyed or substantially damaged by natural catastrophe may be repaired, rebuilt, or enlarged pursuant to the following provisions:
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2. Approval of such work shall be obtained from the review body in accordance with Chapter 18.12 of this title development plan review board, which shall review the development plans and other pertinent information to einsure that all other applicable provisions of this chapter are satisfied and that no new nonconformity will be created.
SECTION 14. Section 18.42.050. is hereby amended to read as follows:
18.42.050. Property development standards.
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C. Building Height.
1. No building or structure erected in this zone shall have a height greater than thirty feet or two stories, except as provided by the following:
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b. A steeple, spire or other similar projection above a building used primarily for religious purposes may extend the total height of the structure and steeple, spire or other similar projection as high as forty feet, provided that the height of the steeple, spire or other similar projections shall be harmonious in design with the building or structure and with the surrounding neighborhood. Such increase in height shall be approved by the review authority development plan review board in accordance with Chapter 18.12 of this title.
SECTION 15. Section 18.48.040. is hereby amended to read as follows:
18.48.040. Property development standards.
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D. Building Height.
1. No building or structure erected in this zone shall have a height greater than thirty feet or two stories, whichever is less, except that a steeple, spire or other similar projection above a building used primarily for religious purposes, may extend the total height of the structure and steeple, spire or other similar projection as high as forty feet, provided that the height of the steeple, spire or other similar projection shall be harmonious in design with the building or structure and with the surrounding neighborhood and a development plan is approved by the review authority development plan review board in accordance with Chapter 18.12 of this title.
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G. Fences and Walls.
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4. Fencing. Interior unit fencing for private yards shall be provided. Precise design shall be submitted to the review authority in accordance with Chapter 18.12 of this title development plan review board for review and approval.
SECTION 16. Section 18.52.040. is hereby amended to read as follows:
18.52.040. Development plan approval.
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O. Central Antennas. Central antennas shall be installed for development in RPD zone and individual buildings and structures shall be connected to the central antenna by underground wiring, or may receive other underground cable service, but permanent separate outdoor television and radio antennas are not permitted for individual buildings and structures in the RPD zone. Central antennas shall be no larger nor installed in any other location than permitted by the development plan review board.
SECTION 17. Section 18.92.020. is hereby amended to read as follows:
18.92.020. Permitted uses.
A. Generally. Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following uses, plus such other uses as the director of community development determines to be similar and not more obnoxious or detrimental to the public health, safety and welfare, in accordance with the findings set forth in Section 18.192 of this title. The determination of the director may be appealed to the planning commission development plan review board and, thereafter, the city council pursuant to Chapter
18.212 of this title.
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SECTION 18. Section 18.92.040. is hereby amended to read as follows:
18.92.040. Prohibited uses.
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F. Other uses which are inconsistent with the intent and provisions of the zone, as determined by the director of community development, in accordance with Section 18.192.040. The determination of the director of community may be appealed to the planning commission development plan review board and thereafter the city council in accordance with Chapter 18.212 of this title.
SECTION 19. Section 18.92.060. is hereby amended to read as follows:
18.92.060. Development plan approval.
Before any building or structure is erected on any lot or parcel in this zone, a site plan shall have been submitted to and approved by the review board pursuant to the provisions of Chapter
18.12. SECTION 20. Section 18.96.020. is hereby amended to read as follows:
18.96.020. Uses permitted.
A. Generally. Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following uses, plus such other uses as the director of community development determines to be similar and not more obnoxious or detrimental to the public health, safety and welfare, in accordance with the findings set forth in Section 18.192.040 of this title. The determination of the director may be appealed to the planning commission development plan review board and thereafter the city council pursuant to Chapter
18.212 of this title.
SECTION 21. Section 18.96.040. is hereby amended to read as follows:
18.96.040. Prohibited uses.
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G. Other uses which are inconsistent with the intent and provisions of the zone, as determined by the director of community development, in accordance with Section 18.192.040. The determination of the director of community development may be appealed to the planning commission development plan review board and thereafter the city council in accordance with Chapter 18.212 of this title.
SECTION 22. Section 18.96.060. is hereby amended to read as follows:
18.96.060. Development plan approval.
Before any building is erected on any lot or parcel in this zone, a development plan shall have been submitted to and approved by the review board pursuant to the provisions of Chapter
18.12. SECTION 23. Section 18.108.060. is hereby amended to read as follows:
18.108.060. Plan review.
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B. Residential Property. The following plan review requirements shall apply:
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2. The provisions of Chapter 18.12 shall apply for all other types of improvements on residential property. The director of community development may determine that any application for improvement be reviewed by the planning commission development plan review board if such improvement is determined to have a potential for an adverse impact upon the adjacent scenic highway.
SECTION 24. Section 18.108.080. is hereby amended to read as follows:
18.108.080. Precise plan disposition.
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A. Within thirty days from the determination of a complete precise plan application by the department of community development, the planning commission development plan review board shall review the plan. It shall recommend to the planning commission city council approval, or approval with such conditions as are necessary to protect the public peace, health and safety, and to minimize the impact of the development and/ or improvements upon the scenic corridor(s), or disapproval of the plan.
B. Upon receipt of the recommendation of the development plan review board, the planning commission shall review the precise plan. If it finds that the plan with the provisions and intent of the scenic highway overlay zone, and that such conditions as recommended by the development plan review board are, acceptable, the planning commission may approve the plan pursuant to the findings and conditions of the development plan review board. If the planning commission deems necessary, additional conditions, and/ or the alteration of recommended conditions may be made to the plan.
C.B. Upon receipt of the recommendations of the planning commission, the city council shall review the precise plan. If it finds that the plan complies with all of the provisions of the zoning code, the scenic highway overlay zone and the purpose and intent of said zone, it may approve the plan, or approve it with such conditions as necessary to protect the public peace, safety and welfare and to minimize the impact of the development and/or improvement upon the scenic corridor(s). In all other cases, it shall disapprove the plan.
D.C. The decision of the city council shall be final.
SECTION 25. Section 18.124.050. is hereby amended to read as follows:
18.124.050. Development plan approval.
Before any building or structure is erected on any parcel in this zone, or before any land is used, a development plan shall have been submitted to and approved by the review authority board pursuant to the provisions of Chapter 18.12.
SECTION 26. Section 18.128.050. is hereby amended to read as follows:
18.128.050. Property development standards.
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M. Development Plan Approval. Before any building or structure is erected on any lot in this zone, a development plan shall be submitted to and approved by the, review board, pursuant to the provisions of Chapter 18.12.
N. Outdoor Storage.
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2. Trees, shrubs and ground cover shall be provided in addition to other screening, and shall be sprinklered by an city-approved automatic system. Landscaping and sprinkler plans are to be approved by the planning division development plan review board. Landscaping may totally replace other methods of screening if approved by the planning division development plan review board.
SECTION 27. Section 18.128.090. is hereby amended to read as follows:
18.128.090. Conditional uses.
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R. Tasting rooms providing on-site alcoholic beverage tastings and the sale of alcoholic beverages for off-site consumption provided that the alcoholic beverage is produced on the premises.
Tasting rooms may include other ancillary activities to the tastings such as food trucks and live entertainment, provided that all uses are secondary and incidental to the manufacturing component and that, prior to their commencement, a site plan approval by the planning division development plan review board is obtained for any outdoor activities and a live entertainment permit from the license and permit hearing board is obtained for any live entertainment. Parking for such uses shall
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comply with the provisions of Chapter 18.156 or the business owner shall be required to demonstrate that the hours of the tasting room will not conflict with the other businesses on-site to the satisfaction of the planning commission.
SECTION 28. Section 18.128.110. is hereby amended to read as follows:
18.128.110. Property development standards.
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D. Building Types.
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2. Existing residential structures may be used only when directly related and accessory to a permitted use on the same lot, subject to the following requirements:
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b. The exterior features of such structures shall be modified in accordance with its proposed use, as approved by the development plan review board review authority in accordance with Chapter 18.12 of this title.
3. Metal buildings may be permitted upon elevation review and approval by the planning commission in accordance with Chapter 18.12 of this title to ensure reasonable compatibility with adjacent development. It is recognized that metal buildings are uniquely capable of extreme diversity in appearance and quality, and have a potential for a negative impact on surrounding properties.
34. The planning commission shall consider the compatibility of metal buildings with surrounding structures and their impact on neighborhood character, property values, and future development.
45. Caretaker units shall be constructed upon permanent foundations, and may utilize Type V construction, and otherwise comply with specific building types for the M-1 zone.
Caretaker facilities shall be approved by the director of community development development plan review board for architectural design and the planning commission, pursuant to Chapter 18.200, for compatibility with adjacent development and/or land uses pursuant to the provision off this title.
M. Development Plan Approval. Before any building or structure is erected on any lot in this zone, a development plan shall have been submitted to and approved by the review board, pursuant to the provisions of Chapter 18.12.
N. Outdoor Storage.
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2. Trees, shrubs and ground cover shall be provided in addition to other screening, and shall be sprinklered by an city-approved automatic system. Landscaping and sprinkler plans are to be approved by the Planning division development plan review board. Landscaping may totally replace other methods of screening if approved administratively by the planning division development plan review board
SECTION 29. Section 18.132.020. is hereby amended to read as follows:
18.132.020. Permitted uses.
A. Generally. Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following uses, plus such other uses as the director of community development determines to be similar and not more obnoxious or detrimental to the public health, safety and welfare, in accordance with the findings set forth on Section 18.192.040 of this title. The determination of the director may be appealed to the planning commission development plan review board and thereafter the city council pursuant to Chapter
18.212 of this title. All uses and storage shall be conducted within a totally enclosed building except
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for outdoor storage which is accessory to a permitted or conditional use and screened from view from the public right-of-way.
SECTION 30. Section 18.132.040. is hereby amended to read as follows:
18.132.040. Joint uses.
A. The director of community development may approve ancillary or incidental uses to be established on properties used for public/ semipublic purposes subject to conditions, including but not limited to conditions which regulate the nature, operation, frequency, or duration of the joint use.
The following uses may be allowed, plus such other uses as the director of community development determines to be similar and not more obnoxious or detrimental to the public health, safety and welfare, in accordance with the findings set forth in Section 18.192.040 of this title. The determination of the director may be appealed to the planning commission development plan review board and thereafter the city council pursuant to Chapter 18.212 of this title.
SECTION 31. Section 18.132.060. is hereby amended to read as follows:
18.132.060. Plan review.
Development plan review shall be required. No person shall construct any building or structure, or relocate, rebuild, alter, enlarge, or modify any existing structure until a development plan has been reviewed and approved by the pursuant to development plan review board in accordance with the provisions of Chapter 18.12 of this title.
SECTION 32. Section 18.132.070. is hereby amended to read as follows:
18.132.070. Appeals.
Appeals of decisions and determinations by the director of community development, development plan review board and planning commission may be filed by an aggrieved party pursuant to the provisions of Chapter 18.212 of this title.
SECTION 33. Section 18.136.020. is hereby amended to read as follows:
18.136.020. Uses permitted.
A. Generally. Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following uses, plus such other uses as the director of community development determines to be similar and not more obnoxious or detrimental to the public health, safety and welfare, in accordance with the findings set forth in Section
18.192.040. The determination of the director may be appealed to the planning commission development plan review board and thereafter the city council pursuant to Chapter 18.212 of this title.
All uses shall be subject to the property development standards in Section 18.136.050. All uses and storage shall be conducted within a totally enclosed building with the exception of public utilities substations.
SECTION 34. Section 18.136.040. is hereby amended to read as follows:
18.136.040. Prohibited uses.
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J. Other uses which are inconsistent with the intent and provisions of this zone, as determined by the director of community development, in accordance with Section 18.192.040. This determination of the director of community development may be appealed to the planning commission development plan review board and thereafter the city council in accordance with Chapter 18.212 of this title.
SECTION 35. Section 18.140.090. is hereby amended to read as follows:
18.140.090. Uses in specific plan areas.
Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the permitted and conditionally permitted uses described in each area, plus such other uses as the director of community development determines
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to be similar and not more obnoxious or detrimental to the public health, safety and welfare, in accordance with the findings set forth in Section 18.192.040. The determination of the director may be appealed to the planning commission development plan review board and, thereafter the city council, pursuant to Chapter 18.212 of this title. Conditional uses shall be subject to Chapter 18.200 of this title. All uses shall be subject to the property development standards in Section 18.140.100, and shall be located only where designated on the specific plan map, which map is on file in the office of the city clerk. All uses and storage shall be conducted within a totally enclosed building with the exception of nursery stock or unless permitted as a conditional use in this zone by conditional use permit pursuant to Chapter 18.299. Uses made nonconforming by the adoption of the ordinance codified in this chapter, or any amendment thereto, may be continued in accordance with Section
18.204.170, provided that there shall be no expansion or change of an existing use that is nonconforming to another use, and there shall be no expansion, change or alteration of any building or structure that is nonconforming on the subject property.
A. Area 3 – Mixed Use….
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5. Other uses. Other similar permitted and conditional uses determined by the director of community development to be similar and not more obnoxious or detrimental to the public health, safety and welfare, in accordance with the findings as set forth in Section 18.192.040 of this title. The determination of the director may be appealed to the planning commission development plan review board and, thereafter, the city council in accordance with Chapter
18.212 of this title.
6. Area 3 – Property Development Standards.
a. Building Height. No provisions. Allowable building height shall be determined by the review authority pursuant to Chapter 18.12 of this title. development plan review board.
B. Area 4 – Commercial/ Light Industrial….
1. Permitted Uses.
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c. Other similar uses determined by the director of community development to be similar and not more obnoxious or detrimental to the public health, safety and welfare, in accordance with the findings as set forth in Section 18.192.040. The determination of the director may be appealed to the planning commission development plan review board and, thereafter, the city council in accordance with Chapter 18.212 of this title;
3. Prohibited Uses.
h. Other uses inconsistent with the intent and provisions of this zone, as determined by the director of community development, in accordance with Section 18.192.040. The determination of the director of community development may be appealed to the planning commission development plan review board and, thereafter the city council in accordance with Chapter 18.212 of this title.
SECTION 39. Section 18.140.100. is hereby amended to read as follows:
18.140.100. Property development standards.
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K. Landscaping. The review authority review board may require landscaping in addition to required yards as follows:
SECTION 40. Section 18.150.030. is hereby amended to read as follows:
18.150.030. Definitions.
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“Wireless communication facilities master plan” means a requirement for all local service providers to identify all proposed local sites. The wireless communication facilities master plan shall require review and approval by the planning commission development plan review board.
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SECTION 41. Section 18.150.050. is hereby amended to read as follows:
18.150.050. Process.
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B. The wireless communication facilities master plan shall require review and approval by the planning commission development plan review board. In addition, facilities that are designed as a public art piece shall be reviewed and approved by the planning commission and by the city council by consent.
C. Co-location wireless facilities master plan shall be administratively approved through the issuance of a building permit and shall not be subject to discretionary development plan review board or city council approval, if it satisfies the following requirements:
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2. The proposed facility is located with an existing wireless telecommunications facility that received approval through a discretionary review. from the development plan review board and/or the city council. Any new facility which includes co-location shall meet the requirements of this chapter.
SECTION 42. Section 18.150.090. is hereby amended to read as follows:
18.150.090. Design standards.
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D. Public Art. Wireless communication facilities may be designed within a piece of public art.
Public art may be a functional item such as a clock tower or be some type of attraction such as a historic water tower or historical monument. All such designs are subject to planning commission development plan review board approval and city council approval (see Exhibit C for example).
SECTION 43. Section 18.150.130. is hereby amended to read as follows:
18.150.130. Deviation from standards.
For monopoles only, the planning commission development plan review board shall have the ability to alter the standards for height, diameter of the monopole base and separation between monopoles when it can be shown that the deviation creates a more appropriate design. The intent of this deviation provision is to allow for co-location when necessary; however, deviation may also be acceptable where a better overall design is achieved.
SECTION 44. Section 18.152.040. is hereby amended to read as follows:
18.152.040. Permits required.
Except as otherwise provided in this chapter, no sign shall hereafter be erected, constructed, relocated, painted on buildings or structures, altered, a sign program implemented or a sign face changed, until an approval and/or permit for the same has been issued by the appropriate decision making body as stated in Chapter 18.12 of this title and as required by the development plan review board, planning department and the building official as required by this chapter.
A. Review Required. No person shall install or construct a sign or implement a sign program until a sign plan or sign program has been reviewed and approved by the development plan review board in accordance with Chapter 18.12 of this title, unless otherwise provided within this chapter, pursuant to the following provisions:
1. Signs proposed in accordance with a sign program reviewed and approved pursuant to Chapter 18.12 of this title.
2. Wall signs which conform to the design guidelines of this chapter, unless otherwise provided.
3. Temporary signs and banners.
4. On-site directional and informational signs as defined by this chapter.
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B. Disposition by Director. The planning director may approve or conditionally approve, upon determining that the sign design, colors and materials are compatible with the structure and/or facility that the sign is proposed to identify, or may disapprove signs pursuant to the following provisions:
1. Signs proposed in accordance with a sign program reviewed and approved by the development plan review board pursuant to Chapter 18.12 of this title.
2. Wall signs which conform to the design guidelines of this chapter, unless otherwise provided.
3. Temporary signs and banners.
4. On-site directional and informational signs as defined by this chapter.
BC. Application for Permits. Application for sign approvals shall be made upon forms provided by the planning division. Additional information as required by the planning director shall be provided to show full compliance with this and other regulations of the city.
CD. Revocation of Permit.
1. All rights and privileges acquired under the provisions of this chapter, or any amendments thereto, are revocable for cause by the city council or other authorized person or body, and all such permits shall contain notice of such revocability. The building official is authorized and empowered to revoke any permit issued by him upon failure of the holder thereof to comply with any provisions of this chapter.
2. Permits for any sign that has been permitted and that has been visually or structurally altered shall be subject to revocation, at the discretion of the planning director.
SECTION 45. Section 18.152.150. is hereby amended to read as follows:
18.152.150. Signs in the historic downtown area.
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D. Primary Wall Signs….
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4. Signs may be constructed out of individual letters, be designed as letters of a sign board, be sandblasted or be painted on a sign board. Sign design is subject to the approval of the development plan review board or its designee.
E. Secondary Wall Sign….
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5. Signs may be constructed out individual letters, be designed as letters of a sign board, be sandblasted or be painted on a sign board.Sign design is subject to the approval of the development plan review board or its designee
SECTION 46. Section 18.152.164. is hereby amended to read as follows:
18.152.164. Window signs.
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B. All window signs shall comply with the following additional standards:
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6. In a commercial building without storefront or similar windows, the planning division development plan review board may authorize temporary signs equivalent to window signs provided such approval is consistent with the standards and intent of this section.
C. Window graphic signs may be permitted by the director of community development, pursuant to Chapter 18.12 of this title development plan review board and may exceed the fifty percent coverage standard where the board finds and determines that the window graphic signs exhibit a unique artistic characteristic, the signs effectively obscure storage areas of the rear portion of interior displays and that the sign does not primarily serve a commercial purpose. The board director may impose conditions on any approval.
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SECTION 47. Section 18.152.200. is hereby amended to read as follows:
18.152.200. Other signs.
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F. Off-site directional guide signs located on private property for public, charitable or religious institutions pursuant to review and approval by the director of community development development plan review board as provide by this chapter.
1. When the director of community development development plan review board finds that exceptional circumstances exist demonstrating hardship in terms of geographic location or access routes, directional signs may be permitted. Such signs shall be limited to copy that includes the facility name and minimum information to provide direction. The intent for this type of sign is to provide clear directions to motorists and pedestrians, so the size and location should be similar to traffic signs. In some cases, SECTION 48. Section 18.152.240. is hereby amended to read as follows:
18.152.240. Signs associated with public art and murals.
It is the city’s desire to encourage appropriate public art and murals that provide interest and beauty to the city. Any entity that is responsible for funding and constructing public art and murals may be entitled to some identification space in association with the public art and mural. The size, design and location of the sign is subject to the administrative review and approval of the by the planning division development plan review board or its designee. The design of any public art or mural is generally intended to contribute to the historic or cultural character of the city and not further a commercial interest.
SECTION 49. Section 18.152.250. is hereby amended to read as follows:
18.152.250. Historic signs.
It is the city’s desire to preserve historic signs that contribute to the preservation of the history or culture of the past. Signs having recognized historic or cultural significance which do not meet the standards set forth in this chapter may be exempted from these regulations by the director of community development or their designee development plan review board and approved in addition to the number of signs and sign area otherwise allowed. Any such sign shall be preserved in appropriate condition consistent with its historic character.
SECTION 50. Section 18.162.020. is hereby amended to read as follows:
18.162.020. Definitions.
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“Undeveloped property,” for the purpose of this chapter, refer to any parcel or parcels of land which does not contain physical man-made improvements, and may be improved in conformance with the applicable development standards of the zoning classification where the property is located.
Undeveloped property shall also refer to any parcel or parcels of land which may or may not contain improvements and on which development applications including, but not limited to, development plan review board, variance, zone change and subdivision, have been submitted.
SECTION 51. Section 18.162.030. is hereby amended to read as follows:
18.162.030. Permits required – Undeveloped property.
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G. The development plan review board planning division, the director of community development or their designee, and or the planning commission as applicable, may determine that trees on the project site not defined as mature significant trees by Section 18.162.020(A) are desirable to retain. In such case, the provisions of this chapter shall apply.
SECTION 52. Section 18.162.040. is hereby amended to read as follows:
18.162.040. Permits required – Developed property.
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Mature significant trees may be removed from developed property with the approval of the director of community development services or development plan review board, or the planning commission subject to the following procedures:
A. Request to remove or relocate up to, but not exceeding, three mature significant trees may be approved administratively by the director of development services planning division pursuant to the following information:
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4. Action by the planning division director of development services is subject to findings provided for in Section 18.162.070 of this chapter;
5. When, in the sole opinion of the director of community development services, circumstances are such that removal of three or fewer trees might have an adverse impact on other properties in the area of the proposed tree removal, the director of community development services may refer the matter to the planning commission development plan review board.
B. Request to remove or relocate more than three mature significant trees may be approved by the director of community development. The director may, upon a determination that the request could be incompatible with or have an adverse effect on existing and surrounding property, require that the tree permit application be reviewed by the planning commission. development review board When making a decision, the director shall consider pursuant to the following information:
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4. Action by the director of community development services is subject to findings provided for in Section 18.162.070 of this chapter;
C. The development plan review board director of community development, and the planning commission as applicable, may determine that trees on the project site not define as mature significant trees by Section 18.162.020(A) are desirable to retain. In such case, the provisions of this chapter shall apply.
SECTION 53. Section 18.162.060. is hereby amended to read as follows:
18.162.060. Conditions imposed.
An approval to remove or relocate mature significant trees by the director of community development services or the planning commission development plan review board are subject to conditions of approval as deemed necessary to implement the provisions of this chapter including, but not limited to:
SECTION 54. Section 18.162.100. is hereby amended to read as follows:
18.162.100. Tree maintenance.
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D. Any tree removal and/or replacement permit granted by the director of community development services pursuant to Section 18.162.0340 and the planning commission development plan review board pursuant to Section 18.162.0540 shall include a condition requiring an objective observable maintenance and care program to be initiated to insure the continued health and care of mature significant tree(s) on the property. Such program shall specify length of maintenance program, maintenance plan and method of inspection. Said tree maintenance program and plan is not required of the applicant when trees are to be relocated to an approved off-site location pursuant to the provisions of this chapter.
SECTION 55. Section 18.168.030. is hereby amended to read as follows:
18.168.030. Required when.
After the effective date of the ordinance codified in this chapter, all new residential development in the city, including each multiple-family building and each single-family dwelling unit, shall be provided with an alternative energy system to provide domestic hot water. An alternative energy system shall also be provided for heating any swimming pool constructed for a multiple-family