CITY COUNCIL STUDY SESSION MEETING AGENDA
TUESDAY JUNE 23, 2026 6:00 PM
SAN DIMAS COUNCIL CHAMBER
CONFERENCE ROOM
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].
CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem Eric Weber, Councilmember Rachel Bratakos, Councilmember Eric Nakano, Councilmember Ryan A. Vienna
CALL TO ORDER AND FLAG SALUTE
ORAL COMMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda. 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.) STUDY SESSION
1. Review San Dimas‘ Portion of the Sustainable Multimodal Improvement Project (SMIP) East/West Multimodal Transportation Route Project for Direction on Pursuit of Funding
2. Legal Guidelines and Policies Regarding Disruptive Conduct and Speech During City Council Meetings
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].
CopiesofdocumentsdistributedforthemeetingareavailableinalternativeformatsuponrequestAny
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 June 18, 2026, I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E. Bonita Ave., San Dimas Post Office 300 E. Bonita Ave., Von’s Via Verde Shopping Center 1160 Via Verde Ave. .and on the City's website www.sandimasca.gov/agendasminutes/as required by law.
June 18, 2026
Debra Black
Debra Black, City Clerk
Study Session
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 23, 2026
From: Brad McKinney, City Manager
Prepared by: Shari Garwick, Director of Public Works
Subject: Review San Dimas‘ Portion of the Sustainable Multimodal Improvement Project (SMIP) East/West Multimodal Transportation Route Project for Direction on Pursuit of Funding
____________________________________________________________________________
SUMMARY
At its October 10, 2023, meeting, the City Council approved a grant agreement with the San Gabriel Valley Council of Governments (SGVCOG) in the amount of $200,000 to prepare design plans for bicycle and pedestrian improvements along Bonita Avenue, Eucla Avenue, and Cienega Avenue. The project is intended to enhance connectivity to regional multimodal transportation facilities, expand active and healthy transportation opportunities within the community, and implement circulation and mobility improvements identified in the Downtown Specific Plan and Bicycle Master Plan.
The project has advanced to the 60% design stage, and additional grant funding opportunities are available to complete final design and potentially construct the proposed improvements.
During the study session, staff will present the proposed improvements and discuss potential impacts to on-street parking and vehicle travel lanes. Key considerations include the proposed Class II bicycle lanes on Cienega Avenue, which would require the removal of one eastbound travel lane, and proposed median modifications on Bonita Avenue east of San Dimas Avenue to accommodate a Class II bicycle lane while maintaining existing on-street parking. The proposed Class II Bike Lanes are in compliance with the City’s recently adopted Bicycle Master Plan and Downtown Specific Plan.
The SGVCOG has identified significant funding for the future construction of the project. Prior to completing final design and pursuing construction funding, staff is seeking City Council input regarding the proposed improvements, associated impacts, and the Council’s interest in pursuing implementation of the project. Council direction will assist staff in determining whether to pursue grant funding for the project as a whole or to consider a phased implementation approach that prioritizes segments with fewer impacts to traffic operations and parking. By leveraging available grant funding, the City can preserve General Fund and restricted transportation revenues for roadway maintenance and rehabilitation projects, thereby helping improve the City’s Pavement Condition Index (PCI) while advancing active transportation goals.
Review of San Dimas portion of Sustainable Multimodal Improvement Project (SMIP) East/West Multimodal Transportation Route Project for direction on pursuit of funding. Page 2 For the Meeting of June 23, 2026
RECOMMENDATION
City staff recommends the City Council:
• Receive and discuss a presentation regarding the proposed bicycle and pedestrian improvements along Bonita Avenue, Eucla Avenue, and Cienega Avenue, and provide direction to staff on whether to purse grant funding for project implementation.
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
FISCAL IMPACT
There is no fiscal impact for the recommended action.
BACKGROUND
At its October 10, 2023, meeting, the City Council approved a $200,000 grant agreement with the San Gabriel Valley Council of Governments (SGVCOG) to prepare design plans for a multimodal bicycle and pedestrian corridor extending across the City. The project is intended to improve access to the A Line station and other community destinations, enhance regional connectivity, and provide connections to existing and planned bicycle facilities in neighboring cities.
The project is part of a regional partnership led by SGVCOG involving the cities of Azusa, Claremont, Covina, Glendora, La Verne, Pomona, and San Dimas. Funding was provided through Metro's Measure M Multimodal Sustainable Improvements Program (MSP), which supports active transportation projects that improve access to transit, enhance safety, expand transportation options, and promote public health.
The San Dimas project includes bicycle and pedestrian improvements along Cienega Avenue, Eucla Avenue, and Bonita Avenue from Valley Center Avenue to east of San Dimas Canyon Road. The proposed corridor would connect to existing bicycle facilities in Glendora and La Verne while providing improved access to the A Line station and downtown destinations.
Staff has proactively pursued grant funding opportunities to maximize the City's limited infrastructure resources. By securing outside funding for bicycle and pedestrian improvements, the City can preserve local General Fund and restricted transportation revenues that may otherwise be needed for related transportation infrastructure improvements. This approach enhances the City's overall ability to address infrastructure needs and supports ongoing investments that contribute to maintaining and improving the City's Pavement Condition Index (PCI).
DISCUSSION/ANALYSIS
The project has advanced to the 60 percent design stage. SGVCOG has identified an additional $100,000 in grant funding to complete final design. This funding would fully cover the remaining design costs and includes preparation of traffic studies and traffic modeling to evaluate the operational impacts of the proposed roadway modifications.
Review of San Dimas portion of Sustainable Multimodal Improvement Project (SMIP) East/West Multimodal Transportation Route Project for direction on pursuit of funding. Page 3 For the Meeting of June 23, 2026
SGVCOG has also identified approximately $1.62 million in grant funding that may be available toward construction of the project, representing approximately 30 percent of the current estimated construction cost. While SGVCOG continues to pursue additional funding opportunities, staff believes it is appropriate to obtain City Council input regarding the proposed improvements and their potential impacts before pursuing additional construction funding.
The proposed project would establish a continuous multimodal corridor along Cienega Avenue, Eucla Avenue, and Bonita Avenue, improving connectivity to the A Line station, downtown destinations, and regional bicycle facilities in neighboring jurisdictions. To accommodate the proposed Class II bicycle lanes, several roadway modifications would be required. • On Cienega Avenue, one eastbound travel lane would be removed between Valley Center Avenue and Bonita Avenue while maintaining on-street parking along the north side of the roadway.
• On Eucla Avenue, on-street parking would be removed from one side of the street to accommodate bicycle lanes in both directions.
• On Bonita Avenue, portions of the raised median would be narrowed to accommodate bicycle facilities while preserving on-street parking. Limited parking impacts are proposed along the south side of Bonita Avenue between San Dimas Avenue and Gaffney Avenue.
The proposed improvements are intended to enhance bicycle and pedestrian safety, improve regional connectivity, and implement mobility improvements identified in the City's adopted planning documents. However, the project would also affect traffic operations, roadway capacity, and on-street parking availability in certain locations. The extent of these impacts will be further evaluated through traffic studies and modeling as part of final design.
Staff is seeking City Council direction regarding whether to continue pursuing grant funding for construction of the project. Council direction will assist staff in determining whether future funding efforts should focus on implementation of the entire corridor or a phased approach that prioritizes segments with fewer impacts to traffic operations and parking. Staff notes that regional grant programs generally favor projects that deliver complete corridor improvements and broader regional connectivity benefits. Accordingly, a phased approach could limit the City's ability to secure the full amount of grant funding currently available, resulting in a greater reliance on local funding sources to implement future transportation and infrastructure projects.
Staff will return to the City Council at a future regular meeting with a proposed amendment to the SGVCOG funding agreement to accept the additional $100,000 in grant funding needed to complete final design. The amended scope of work will incorporate direction received from the City Council during this study session.
If the City Council supports pursuing construction of the project, the future agreement amendment will also include available construction funding identified by SGVCOG to date and authorize staff to continue pursuing additional grant opportunities for project implementation.
Review of San Dimas portion of Sustainable Multimodal Improvement Project (SMIP) East/West Multimodal Transportation Route Project for direction on pursuit of funding. Page 4 For the Meeting of June 23, 2026
ALTERNATIVES
Council can direct staff not to pursue additional funding for construction while the design is finalized and brought back for approval.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Shari Garwick
Director of Public Works
Attachments:
1. Staff Report from Oct 10, 2023
2. 60% Preliminary Plans
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of October 10, 2023
From: Chris Constantin, City Manager
Prepared by: Genevieve Amaro, Management Aide
Subject: Authorize the City Manager to Execute the Agreement with San Gabriel Valley Council of Government for a Grant Totaling $200,000 for the Conceptual Design Plans for Bicycle and Pedestrian Improvements along Bonita Avenue, Eucla Avenue and Cienega Avenue to Provide Connection to Regional Multi Model Facilities.
____________________________________________________________________________
SUMMARY
On May 26, 2022, the Metro Board of Directors officially approved a regional project to be awarded to the East San Gabriel Valley Sustainable Multimodal Improvement Project for which the City of San Dimas is slated to receive $200,000. The grant is for Project Approval and Environmental Documentation, Conceptual Engineering design and developing construction cost estimates for First/Last Mile multi-modal east-west Active Transportation route design plans for bicycle and pedestrian improvements between Valley Center Avenue and San Dimas Canyon Road, along Cienega Avenue, Eucla Avenue, and Bonita Avenue.
The Project will include design recommendations for reconfiguring the existing roadways to accommodate a Class II bicycle lane, Class III sharrows, and pedestrian facilities and amenities to provide an enhanced and safe First/Last Mile, Active Transportation connection to existing bike lanes in Glendora and La Verne. This grant is for design and does not require a monetary match by the City. As this is part of a larger project, the funds will be managed by the San Gabriel Valley Council of Governments. The City will review and have final approval authority of the design plans.
RECOMMENDATION
City Staff recommends that Council:
• Authorize the City Manager to execute the agreement with San Gabriel Valley Council of Governments in a form approved by the City Attorney to accept the grant award in the amount of $200,000 for Project Approval and Environmental Documentation, Conceptual Engineering design, and construction cost estimates for bicycle and pedestrian ATTACHMENT 1
Authorize the City Manager to Execute the Agreement with SGVCOG Page 2 For the Meeting of October 10, 2023
improvements between Valley Center Avenue and San Dimas Canyon Road, along Cienega Avenue, Eucla Avenue, and Bonita Avenue.
FISCAL IMPACT
The City is being awarded $200,000 as part of a regional grant administered by the San Gabriel Council of Governments for design of an East - West multi-modal Route (bicycle and pedestrian improvements). There is no City fund match required for this design. There will be staff time required to review the plans. Construction costs are not included as part of the grant.
BACKGROUND
Measure M Sub Regional Program (MSP) is a 1/2 cent sales tax measure passed by voters in 2016 that provides funding for transportation improvements across Los Angeles County. The funds generated from Measure M are expected to fund $3.3 billion in transportation improvements in the San Gabriel Valley over the course of 40 years.
In June 2018, the Los Angeles County Metropolitan Transportation Authority (Metro) adopted Measure M Guidelines to establish a process by which sub regional funds under Measure M would be programmed by the subregions' respective governing/planning entities.
On May 26, 2022, the Metro Board of Directors officially approved the $15 million to be awarded to the East San Gabriel Valley Sustainable Multimodal Improvement Project. The City’s portion of this grant was $200,000 to complete design of bicycle and pedestrian improvements to connect to bike paths in Glendora and La Verne. To receive these funds, the City must enter into an Agreement with San Gabriel Valley Council of Government (SCVCOG).
DISCUSSION/ANALYSIS
Under measure M the Multi Modal Sustainable Improvements Program (MSP) provides funding for “Active Transportation“ improvements. “Active transportation” is defined as non-motorized transportation via walking, bicycling, or rolling modes. MSP Active Transportation Funds should be utilized for capital improvements that address the following:
• Improve access to transit
• Support the establishment of active transportation as integral elements of the County’s transportation system
• Enhance safety, remove barriers to access or correct unsafe conditions in areas of heavy traffic, high transit use, and dense bicycle and pedestrian activities • Promote multiple clean transportation options to reduce pollutants and GHG emissions • Improve public health through traffic safety, reduced exposure to pollutants, and design infrastructure that encourages residents to use active transportation to integrate physical activities in their lives
The SGVCOG MSP program prioritizes regional projects that can maximize transportation benefits for the San Gabriel Valley. The City of San Dimas is being awarded a $200,000 grant for design of bicycle and pedestrian improvements between Valley Center Avenue and San Dimas Canyon Road, along Cienega Avenue, Eucla Avenue, and Bonita Avenue. This route will connect to existing bike lanes in Glendora and La Verne.
The Project will include reconfiguring the existing roadways to accommodate a Class II bicycle lane, Class III sharrows, and pedestrian facilities and amenities to provide an enhanced and safe
Authorize the City Manager to Execute the Agreement with SGVCOG Page 3 For the Meeting of October 10, 2023
First/Last Mile, Active Transportation connection to the future Metro A Line Station for residents in the City of San Dimas and northeast San Gabriel Valley.
The goal of the Project is to provide an improved intermodal connection for all roadway users within the City by developing an Active Transportation corridor to promote and enhance safe walkability, bicycling, and other non-motorized modes of transportation, and to facilitate multimodal, First/Last Mile transit connectivity to transit networks.
ALTERNATIVES
The City Council may choose not to enter into the agreement and forego the grant monies.
ENVIRONMENTAL REVIEW
Accepting East San Gabriel Valley Sustainable Multimodal Improvement Project funding is exempt from further environmental review under the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations because it is not a project under CEQA guidelines sections 15262 and 15378(b)(4) because currently the project is in the design phase. Potential environmental impacts will be determined through the design process.
Furthermore, this action is statutorily exempt from further environmental review under CEQA pursuant to CEQA Guidelines Section 15262 because it involves only feasibility or design planning studies for possible future actions which the City has not yet approved, adopted, or funded. All impacts will be addressed if this project moves forward.
Respectfully submitted,
Genevieve Amaro
Management Aide
Attachments:
1. Proposed MOA Agreement
2. Exhibit of MSP Project Map
1775716.1
MEMORANDUM OF AGREEMENT
EAST SAN GABRIEL VALLEY SUSTAINABLE MULTIMODAL IMPROVEMENTS
PROJECT
This Memorandum of Agreement (“MOA”) is by and between the City of San Dimas, hereinafter referred to as “CITY” and the San Gabriel Valley Council of Governments (“SGVCOG”) to be effective as of the date signed by both Parties. City and SGVCOG are sometimes referred to hereinafter individually as a “Party” and collectively as the “Parties”.
RECITALS:
A. Whereas, the SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley within the jurisdiction of its member cities and its unincorporated areas; and B. Whereas, to increase the opportunities for those cities which are members of the SGVCOG to obtain funding for specified Active Transportation Program, First/Last Mile, and Bus System Improvement Program projects, the SGVCOG encouraged its member cities to include such projects planned for their jurisdictions as part of the SGVCOG’s Measure M Multi-Year Subregional Program (“MSP”) application to the Los Angeles County Metropolitan Transportation Authority (“LACMTA”) for funding for the subregional East San Gabriel Valley Sustainable Multimodal Improvement Project (“SMIP”) as is further described in Exhibit “A” of this MOA; and
C. Whereas, seven of the SGVCOG’s member cities, including the CITY, requested the SGVCOG to include their projects as part of the SGVCOG’s MSP application to the LACMTA and it is anticipated all seven cities will be entering into a MOA with the SGVCOG for their individual SMIP Phase 1 Project(s); and
D. Whereas, the CITY and the SGVCOG have a shared desire to complete all of CITY’s SMIP projects and phases and enter into this MOA to provide for the completion of Project Approval and Environmental Documentation (PA&ED), Conceptual Engineering design plans, and developing construction cost estimates (“Phase 1 Work”) for the CITY’S PROJECT as described in the attached Exhibit “B” (PROJECT or CITY’S PROJECT) with the ultimate goal of completing Plans, Specifications and Estimates (PS&E) and constructing the PROJECT; and E. Whereas, the LACMTA allocated $14,997,974.00 in MSP funds to the SGVCOG for the SMIP, and specifically $200,000 in MSP First/Last Mile (FLM) subfunds for the CITY’s PROJECT’s Phase 1 Work as shown in the attached Exhibit “C”; and F. Whereas, the SGVCOG’s funding commitment for the SMIP Phase 1 Work for the CITY’S PROJECT shall not exceed Two Hundred Thousand Dollars($200,000) (“MSP FLM Allocation”); and
G. Whereas, the Parties agree to cooperate to support subsequent phases of the PROJECT, including seeking grant funding for such phases and if such funding is provided, negotiate such agreements as between the Parties that will advance such PROJECT phases; and ATTACHMENT 1
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H. Whereas, if construction work for the PROJECT is either currently included in the CITY’s Phase 1 Work and/or funding for construction of the Project is ultimately secured for a latter phase of the PROJECT, the Parties intend that SGVCOG will be designated as the Project Manager and a separate cooperative agreement will be entered into between the Parties for PROJECT construction which will supersede this MOA with respect to the Parties relative obligations for construction of the PROJECT; and
I. Whereas, by way of this MOA the Parties desire to set forth their understanding of each other’s obligations under such a cooperative agreement so as to form a basis for negotiating the cooperative agreement.
NOW, THEREFORE, the Parties agree as follows:
I. TERM:
The term of this MOA shall commence upon execution of the MOA by both Parties and shall continue until either the Phase 1 Work is completed or this Agreement is superseded by a cooperative agreement executed between the Parties has been entered into, unless earlier terminated as provided herein.
II. COMPENSATION TO SGVCOG FOR ADMINISTRATION:
To compensate the SGVCOG for its costs in performing its responsibilities under this MOA, the SGVCOG will retain a total of ten (10) percent ($20,000.00) of the MSP FLM Allocation (the “Retention Amount”). The Parties recognize that if the SGVCOG is ultimately responsible for acting as the Project Manager for additional work that is not included in Exhibit “B”, that additional funding for SGVCOG’s services will be required. This MOA does not obligate the SGVCOG or the City to perform those responsibilities set forth in this MOA as they relate to latter project phases, which obligation shall be subject to a new separate agreement entered into between the Parties.
III. RESPONSIBILITIES OF EACH OF THE PARTIES:
A. SGVCOG Responsibilities.
1. Serve as the Lead Agency and Project Manager to administer and manage the CITY’s Phase 1 Work which includes completing Project Approval and Environmental Documentation (PA&ED), Conceptual Engineering design plans, and developing construction cost estimates.
2. Contribute the MSP FLM Allocation, minus the Retention Amount, toward the cost of the PROJECT’s Phase 1 Work (consisting of $10,000 for PA&ED and $170,000 for Conceptual Engineering and construction cost estimates.).
3. Designate a person to serve as the SGVCOG’s Project Manager with name, title, and contact information, who shall serve as the primary liaison with the CITY for implementation of this MOA.
3 1775716.1
4. The SGVCOG’s Project Manager shall manage and administer the MSP FLM Allocation for the Phase 1 Work and take such actions and have executed such documents that may be necessary for such management and administration, including but not limited to:
a. Ensure submission of monthly progress reports and invoices to LACMTA as may be required; and
b. Ensure that eligible payments are made to consultant(s).
5. The SGVCOG’s Project Manager shall direct and manage solicitations from, and selections of consultant(s) to perform Phase 1 Work which shall include, but not be limited to:
a. In consultation with the CITY, coordination of a scope of work, budget, schedule to include in a Request for Qualifications (RFQ) for solicitation to qualified consultants to complete Phase 1 Work;
b. In consultation with the CITY, preparation, distribution, and solicitation of RFQs to seek Statements of Qualifications (SOQ) from qualified consultants for performance of the Phase 1 Work;
c. In consultation with the CITY, development of consultant selection and/or ranking criteria;
d. The establishment of a consultant selection committee to include, among others, SGVCOG’s Project Manager or designee and CITY’s Project Manager or designee;
e. Based upon recommendations from the selection committee members, recommend approval of, and establishment of an on-call bench of qualified consultants which best meet the needs and requirements for the CITY’s PROJECT, from which the SGVCOG and CITY may select qualified consultant(s) for performance of the Phase 1 Work;
f. Negotiating the precise Phase 1 Work, cost, and schedule with the selected consultant(s); and
g. Recommending approval of contract(s) to SGVCOG’s Executive Director, Governing Board, or Capital Projects and Construction Committee (CPCC) as the case may be;
h. Entering into and administering agreement(s) between SGVCOG and consultant(s) in a manner consistent with this MOA and other applicable laws and regulations, including LACMTA requirements.
6. The SGVCOG’s Project Manager shall manage the consultant’s performance of the Phase 1 scope of work, schedule, and budget for the Phase 1 Work, and day-to-day consultant activities, which shall include, but not be limited to:
a. Conducting Project Delivery Team (PDT) meetings and/or working group meetings between SGVCOG’s Project Manager, CITY’s Project Manager, applicable CITY departments/staff, and consultant(s) to provide progress updates and receive input from the CITY;
4 1775716.1
b. Providing briefings and soliciting input to the SGVCOG’s Governing Board and committees, as determined by the SGVCOG, and to the CITY’s committees, and City Council, as requested by CITY;
c. Seeking CITY’s timely design review, input, and comments for the Phase 1 Work;
d. Reviewing and sharing with the CITY submitted deliverables, reports, and invoices from the consultant(s) and notifying CITY as to any additional such documents or information that are required; and
e. Responding to and addressing CITY and community stakeholders’ concerns regarding Phase 1 Work issues, which may include coordinating conference calls and/or meetings with the CITY and/or consultant(s).
7. SGVCOG shall include in any agreements with consultants for the Phase 1 Work a requirement that they indemnify the CITY, its officers, agents and employees and include same as additional insureds under the consultant’s(s’) and/or general and automotive liability policies, with protection provided to the same extent as provided to SGVCOG.
8. In coordination with the CITY, assist in seeking additional funding sources for Phase 1 Work, if needed, or for latter phases of the PROJECT, as necessary.
B. CITY Responsibilities.
1. Maintain membership in the SGVCOG during the entire term of this MOA. In the event CITY is no longer a member of the SGVCOG, this MOA will terminate by its own terms on the date CITY is no longer a member.
2. Designate a person to serve as the CITY’s Project Manager with name, title, and contact information who shall be the CITY’s primary liaison with SGVCOG’s Project Manager for implementation of this MOA.
3. The CITY’s Project Manager shall assist the SGVCOG in directing and managing solicitations from, and selections of consultant(s) to perform Phase 1 Work which shall include, but not be limited to:
a. In consultation with the SGVCOG, preparation of a scope of work, budget, schedule to include in a Request for Qualifications (RFQ) for solicitation to qualified consultants to complete Phase 1 Work;
b. Assisting the SGVCOG in the development of consultant selection and/or ranking criteria;
c. Serving or appointing a designee on the selection committee for the purpose of selecting the most qualified consultant(s);
d. Approval of an on-call bench of qualified consultant(s) which best meet the needs and requirements for the CITY’s PROJECT, from which the SGVCOG and CITY may select qualified consultant(s) for performance of the Phase 1 Work; and
e. Assisting the SGVCOG in the negotiation of the precise Phase 1 Work, cost, and schedule with the selected consultant(s).
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4. The CITY’s Project Manager shall provide direction and support to manage the dayto-day Phase 1 Work coordination efforts with the SGVCOG’s Project Manager and consultant(s), which shall include, but not be limited to:
a. Attendance and participation in Monthly PDT meetings, scheduled PROJECT working group meetings, and PROJECT conference calls between SGVCOG’s Project Manager, CITY’s Project Manager, applicable CITY departments/staff, and/or the consultant(s) to provide progress updates and receive input from the CITY;
b. CITY’s Project Manager shall provide timely feedback and timely raise issues to the SGVCOG concerning Phase 1 Work implementation;
c. CITY’s Project Manager shall timely respond to SGVCOG and consultant’s(s’) requests for Project data, information, review of materials, and provide input to the SGVCOG to support the completion of the Phase 1 Work; d. CITY’s Project Manager shall coordinate and manage the CITY’s circulation and review of all Phase 1 Work deliverables to other CITY departments and divisions and submit written comments for all submitted deliverables within 30 days of receipt thereof:
i. CITY understands that successful completion of the Phase 1 Work requires the CITY to provide the necessary resources and to timely respond to requests for information and submissions from the SGVCOG. ii. CITY shall develop an intra-agency review committee or technical working group that includes all CITY departments to circulate and facilitate the review and comments for all Phase 1 Work deliverables as necessary.
iii. Should the CITY not provide the written comments within 30 days, the SGVCOG may deem the deliverable approved by the CITY.
5. CITY’s Project Manager shall attend and participate in PROJECT related outreach events, including:
a. Assisting or assigning other CITY staff to assist the SGVCOG and/or consultant(s) to disseminate PROJECT information and updates and coordinate outreach efforts between CITY, SGVCOG, consultant(s), and CITY residents and stakeholders for the Phase 1 Work.
b. Assisting the SGVCOG and/or its consultant(s) with the coordination, distribution, and posting of public outreach notices and to place items on the agenda for City Council consideration (if required), as requested.
6. CITY’s Project Manager shall assist with future grant application(s) as needed for the Phase 1 Work, or for other latter phases of the PROJECT, as necessary by providing clear and concise descriptions of such work, including project budget and schedule, and other necessary data and materials to support timely submission by the SGVCOG or CITY for such grants.
7. Failure to satisfactorily perform the duties and responsibilities stated in Article III.B, as determined by the SGVCOG, may result in penalties up to and including loss of funding and lead to termination of this MOA upon notice to the CITY in accordance with Article V.
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C. Cost Responsibilities of Parties.
1. It is understood by the Parties that if the Phase 1 Work as described is not completed, that the SGVCOG may be required to reimburse LACMTA for any MSP funds expended on the Phase 1 Work and that the SGVCOG is entering into this MOA with the understanding that the MSP Allocation will be its sole financial contribution toward payment for any of the Phase 1 Work.
2. If upon the successful completion of negotiations with the selected consultant(s) and/or contractors or at such earlier date as the Project Managers may agree, but in any event, prior to execution of a contract with the selected consultant(s), it is determined by either Project Manager that the cost of the Phase 1 Work will exceed the total MSP FLM Allocation, the CITY’s local match contributions, if any, and available other sources of funding, the Project Managers shall meet and determine whether the CITY is willing to fund any deficit in completing the PROJECT, or in the alternative, whether the scope of the PROJECT should be reduced so the MSP FLM Allocation is sufficient to pay for the cost or is reduced to an amount that the CITY is willing to contribute. In the event that either the PROJECT scope is reduced or the CITY determines to contribute toward the cost thereof, the Parties shall enter into an amendment to this MOA or as applicable, a cooperative agreement to reflect their agreement, with the recognition that approval of any such amendment or cooperative agreement may be subject to the approval of LACMTA.
3. If the Parties cannot reach an agreement on funding of the PROJECT or limiting its scope so there is sufficient funding, either Party may terminate this MOA upon five (5) days written notice to the other Party, which termination shall not be considered arising out of the default of either Party. In the event of any such termination, the Parties shall have no further obligations to each other under the MOA and both shall cease any further work thereon, except that which is reasonably necessary to effectuate the termination. The SGVCOG will be entitled to be reimbursed for all administrative and project management costs and expenses incurred up to the cessation of work and the CITY shall reimburse the SGVCOG for such expenses.
4. If, following commencement of the Phase 1 Work, amendment(s) to the selected consultant’s(s’) contract(s) become necessary and require funding in addition to the amounts allocated under this MOA, and additional funding sources are not identified, the Parties shall meet and confer pursuant to the process identified in paragraph (2) above, but neither Party shall be obligated to provide additional funds. In the case that the Parties cannot reach an agreement on funding the additional Phase 1Work or limiting the scope, the provisions of paragraph (3) above shall apply.
5. During the course of plan preparation, CITY may request SGVCOG to include additional work in Phase 1 Work. Said work shall be considered a "betterment" if it is not directly required by the proposed work shown in Exhibit "B", is not eligible for, or within the scope of, the funding appropriated to SGVCOG for Phase 1 Work as determined by LACMTA, or is not designated as a required mitigation measure
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for Phase 1 Work. In addition, the term betterment shall include any work that CITY desires to have constructed concurrently with PROJECT and for which SGVCOG is able to reasonably accommodate in PROJECT. CITY shall pay One Hundred (100%) Percent of the Project engineering, construction, and administration and project management costs for these CITY requested betterments and a separate agreement shall be executed defining the terms and conditions under which betterment is to be engineered, constructed, financed, operated, and maintained.
6. SGVCOG will reimburse CITY for reasonable contracted plan check expenses related to Phase 1 Work. In order to be eligible for reimbursement,said expenses musthavepriorapprovalfromSGVCOG, and be required due to unavailability, or lack of specific required expertise, of CITY staff to perform the required plan checking.
SGVCOG acknowledges that this activity is an important protection for CITY and will not unreasonably withhold its approvalofsuchexpenses. This provision does not include the reimbursement of CITY staff time incurred for managing the CITY’s PROJECT.
IV. DESIGNATED PROJECT MANAGERS:
A. Every notice, demand, request, or other document or instrument delivered pursuant to this Agreement shall be in writing, and shall be either personally delivered, sent by Federal Express or other reputable overnight courier, or sent by certified United States mail, postage prepaid, return receipt requested, to the addresses set forth below, or to such other address set forth below, or to such other address as a party may designate from time to time.
1. For purposes of this MOA, the SGVCOG designates the following individual as its Project Manager:
Roy Choi
Manager of Transportation
San Gabriel Valley Council of Governments
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
(626) 373-2687
[email protected]
2. For purposes of this MOA, the City of San Dimas designates the following individual as its Project Manager:
Genevieve Amaro
Management Aide
Public Works Department
City of San Dimas
245 E. Bonita Avenue
San Dimas, CA 91773
(909) 394-6244
[email protected]
8 1775716.1
3. Additional Parties’ contacts to whom copies of written notices shall be sent shall also include the following individuals:
To SGVCOG:
Marisa Creter
Executive Director
San Gabriel Valley Council of Governments
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
(626) 457-1800
[email protected]
and
Kevin Lai, P.E.
Director of Capital Projects
San Gabriel Valley Council of Governments
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
(626) 457-1800
[email protected]
To City of San Dimas:
Shari Garwick
Director of Public Works
Public Works Department
City of San Dimas
245 E. Bonita Avenue
San Dimas, CA 91773
(909) 394-6248
[email protected]
B. Either Party may change its Project Manager or contacts upon written notice to the other Party which includes all contact information referenced above. If a provision of this MOA requires participation by a Party’s Project Manager, and such Party’s Project Manager is not available, a designee may be appointed by the applicable Project Manager to participate in his or her place.
V. TERMINATION:
A. Except as otherwise provided in this MOA, this MOA may only be terminated for cause.
If a party believes that the other party is in default of any material term of this MOA, the non-defaulting party shall give written notice to the defaulting party specifying in reasonable detail the nature of the default. The non-defaulting party shall then have thirty (30) calendar days in which to cure the default. If the default is not cured, in the exercise of reasonable diligence, curable within said thirty (30)-day period, then the defaulting party shall promptly commence such cure within thirty (30) calendar days
9 1775716.1
and diligently pursue it to completion, provided that in all instances the cure must be completed within ninety (90) calendar days from the date of the written notice. If the defaulting party does not cure the default within thirty (30) days, or when applicable, commence the cure within thirty (30) days, then the non-defaulting party may terminate this MOA upon written notice to the defaulting party or exercise any other rights and remedies the non-defaulting party may have under this MOA, including the right to specific performance or other injunctive or equitable relief.
B. Should this MOA be terminated for cause, the SGVCOG shall cease the Phase 1 Work and not incur any additional expenses, except that which are reasonable and necessary to effectuate the termination and in the absence of an agreement between the Parties to the contrary, the CITY shall have no further rights to any allocation of the Phase 1 Funding.
1. Should the MOA be terminated for cause by the CITY or it is determined in a judicial proceeding or other decision that is binding on the Parties that SGVCOG’s termination was not for cause, the CITY shall not be required to reimburse the SGVCOG for any MSP funds expended and incurred under this MOA.
2. Should the MOA be terminated by SGVCOG for cause or it is determined in a judicial proceeding or other decision that is binding on the Parties that CITY’s termination was not for cause, the CITY shall be required to reimburse the SGVCOG all MSP funds expended and incurred under this MOA up to the date of such termination and reasonably incurred thereafter in suspending work under this MOA.
VI. INDEMNITY:
A. Neither the SGVCOG, its member agencies, or their respective officers, employees, consultants or volunteers (the “SGVCOG Indemnitees), shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY Indemnitees under or in connection with the performance of this MOA.
B. Neither the CITY or its respective officers, employees, consultants or volunteers (CITY Indemnitees), shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the SGVCOG Indemnitees under or in connection with the performance of this MOA.
C. The CITY shall indemnify, defend and hold the SGVCOG Indemnitees harmless from and against any liability, claims, losses, actions, and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any legal fees and any claims for damages of any nature whatsoever arising out of or resulting from the CITY Indemnitee’s performance or failure to perform the CITY’s obligations under this MOA, unless caused by the negligence or willful misconduct of the SGVCOG Indemnitees.
D. The SGVCOG shall indemnify, defend and hold the CITY Indemnitees harmless from and against any liability, claims, losses, actions, and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any legal fees
10 1775716.1
and any claims for damages of any nature whatsoever arising out of or resulting from the SGVCOG Indemnitee’s performance or failure to perform the SGVCOG’s obligations under of this MOA, unless caused by the negligence or willful misconduct of the CITY Indemnitees.
E. The indemnification obligations contained in this Article VI. shall survive any expiration or termination of this MOA.
VII. OTHER TERMS AND CONDITIONS:
A. Entire Agreement. This MOA, along with the applicable funding requirements of the SGVCOG’s agreement with the LACMTA, constitute the entire understanding between the Parties, with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. The MOA shall not be amended except in writing signed by the Parties. The CITY acknowledges that it is familiar with and has been provided an opportunity to review such funding requirements.
B. Interpretation. Unless otherwise specified herein, the term “days” shall mean business days, and excludes weekends and holidays.
C. Governing Law. This MOA shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this MOA, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.
D. Attorneys’ Fees. In the event that there is any litigation or other legal proceeding between the Parties in connection with this MOA, the prevailing party shall be entitled to its legal costs, including attorneys’ fees.
G. Force Majeure. Neither Party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquake, fires, acts of a public enemy, pandemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent the performance of any obligations under this MOA.
H. Waiver. Waiver by any Party to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this MOA shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought.
E. Headings. The section headings contained in this MOA are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
11 1775716.1
F. Assignment. Neither party may assign its interest in this MOA, or any part thereof, without the prior written consent of the other party. Any assignment without consent shall be void and unenforceable.
G. Severability. If any provision of this MOA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
H. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporate into this MOA by reference as if fully set forth herein.
I. Successors and Assigns. The terms of this MOA shall inure to the benefit of, and shall be binding upon, each of the Parties and their respective approved successors and assigns.
J. Authority to Execute. The person executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties, and that by doing so the Parties are formally bound to the provisions of this Agreement.
12 1775716.1
In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties.
CITY OF SAN DIMAS
By: ___________________________
Chris Constantin
City Manager
Date: __________________________
APPROVED AS TO FORM:
_______________________________
Jeff Malawy
City Attorney
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
By: ____________________________
Marisa Creter
Executive Director
Date: __________________________
APPROVED AS TO FORM:
_______________________________
David DeBerry
General Counsel
13 1775716.1
EXHIBIT A
EAST SAN GABRIEL VALLEY
SUSTAINABLE MULTIMODAL IMPROVEMENT PROJECT (SMIP)
Project Details
Project Description
The East San Gabriel Valley Sustainable Multimodal Improvement Project (SMIP) is the result of a partnership between the seven Partner Cities of Azusa, Claremont, Covina, Glendora, La Verne, Pomona, and San Dimas under the leadership of the San Gabriel Valley Council of Governments (SGVCOG). The SMIP’s goals are to provide First/Last Mile connections, active transportation improvements, and bus system infrastructure enhancements throughout the eastern San Gabriel Valley.
The SMIP was assembled in coordination by the City of Glendora and implements First/Last Mile and Active Transportation projects included in the Arrow Highway Multimodal Corridor Plan and Metro’s Gold Line Foothill Extension 2B First/Last Mile Plan. After successfully securing a recommendation from the SGVCOG through LACMTA to receive $14,997,974 in Measure M Multi-Year Subregional Program (MSP) Cycle 2 awarded funds, the Partner Cities selected the SGVCOG to serve as the Project’s lead agency to coordinate, administer, and manage the design and construction activities for their SMIP Projects on their behalf.
The proposed improvements provide enhanced multimodal connectivity to transit stations, employment centers, schools, and major entertainment and recreational centers which were identified through a series of robust community outreach efforts led by members of East San Gabriel Valley. Specific improvements include protected bike lanes, ADA-compliant access ramps, sidewalk improvements and repairs, bike infrastructure, bus shelter renovations, pedestrian crossing enhancements, improved lighting and landscaping, and construction of a new pedestrian bridge.
Collectively, the SGVCOG’s Partner Cities’ SMIP project includes a total of 16 separate Active Transportation, First/Last Mile, and Bus System Improvement projects with an estimated total project cost of approximately $173,233,295. Considering the magnitude of the SMIP, the awarded $14,997,974 from the MSP Cycle 2 Program combined with the committed local city funds of $12,996,198 will only contribute to the partial completion of some of the Partner Cities’ SMIP projects and/or project phases and will thus require the SMIP to be completed in multiple project phases in order to fully deliver all of the SMIP projects. Subsequent phases of the SMIP will be completed using funds that will be secured from various other sources, including local Measure M, Measure R, Proposition C, Enhanced Infrastructure Financing District (EIFD) dollars, earmarks, and competitive grant sources.
Phase 1 of the SMIP has been referred to the following nine Partner City projects and project phases that will be completed using the awarded MSP Cycle 2 funding and local city funds totaling $27,994,172:
14 1775716.1
1. City of Azusa - San Gabriel Avenue / Azusa Avenue Complete Streets Project (30% P.E.)
2. City of Claremont - Arrow Highway & Cambridge Avenue Improvements Project (PS&E and Construction)
3. City of Covina - Glendora Avenue & Grand Avenue Complete Streets Project (PA&ED, PS&E, and construction and installation of enhanced bus shelters)
4. City of Glendora - People Movement Project (Glendora Avenue Project) (PS&E and Construction)
5. City of Glendora - People Movement Project (Little Dalton Wash Project) (PS&E and Construction)
6. City of Glendora - People Movement Project (San Dimas Wash Project) (PS&E and Construction)
7. City of La Verne - Gold Line Transit Oriented Pedestrian Bridge Project (PS&E and Construction)
8. City of Pomona - Transit Improvement Program - Metro Gold Line First/Last Mile Improvements Project (PS&E and partial Construction)
9. City of San Dimas - East/West Multimodal Transportation Route Project (PA&ED and Conceptual Engineering)
Phase 2 and possible later phases of the SMIP have been referred to as all of the project components and phases that could not be completed for the nine projects included under Phase 1 and also the remaining Partner Cities’ seven SMIP projects and/or project phases that would be designed and constructed, once future funds are secured.
MSP Project Nexus & Demonstrated Need
The eastern San Gabriel Valley has a population of over 400,000 and limited active transportation networks. Additionally, substantial regional transportation investments have been made via Metrolink and extension of the Metro A Line. Developing and constructing a coherent active transportation network will capitalize on the generational investments made along the light-rail corridor and represents an unprecedented level of cooperation between the corridor cities. Each partnering city is dedicated to reducing transportation gaps between each other and leveraging the transformative transit investments to make the San Gabriel Valley more equitable and sustainable.
The SMIP focuses on building high-quality active transportation infrastructure where people will bicycle, walk, and connect to transit. Providing high-quality First/Last Mile and Active Transportation facilities will allow people of all ages and abilities in the East San Gabriel Valley to feel more comfortable bicycling and walking. Each Partner City is committing to improve First/Last mile access to transit (Metrolink and Metro Rail) as well as linking to major regional active transportation facilities via flood control channels and major corridors like Arrow Highway.
The SMIP will also link various regional and major destinations in the San Gabriel Valley.
The SMIP contains some of the highest rated active transportation infrastructure. Research by the FHWA and locally generated survey data indicated that users of active transportation facilities overwhelmingly feel safer in low-stress networks. Class I bicycle and pedestrian facilities eliminate vehicle collisions except at crossings. Crossing improvements, have a crash reduction factor of around 45%. Buffered Class II bicycle lanes can have a reduction factor of up to 35%.
Class IV bicycle lanes can have a crash reduction factor of up to 94%.
15 1775716.1
Traffic safety and environmental stewardship are the primary benefits of the SMIP. The Metro Gold Line Extension EIR noted that nearly 60% of boarding at the Metro Stations will likely be from modes other than driving. Metro’s onboard surveys show 61% of riders live below the poverty line and with a median income of less than $17,000. Safe active transportation connections to transit helps reduce the burden of vehicle ownership as well as improving public health outcomes. Several low-income census tracts as well as disadvantaged and equity focused communities are located within the project area and will be served by the proposed transportation improvements.
SMIP Project Location Map (Includes all SMIP Projects/Phases) The following figure is a Project Location Map of the proposed SMIP improvements in the seven Partner Cities.
SMIP Phase 1 Estimated Project Costs & Project Funding/Budget The total cost to complete the nine Projects included under SMIP Phase 1 has been estimated at $80,077,667. Collectively, for SMIP Phase 1 the SGVCOG and its Partner Cities have currently secured $27,994,172 in total funding including: $14,997,974 MSP Cycle 2 funds ($6,452,974 in Active Transportation Program [ATP] subfunds, $150,000 in Bus System Improvement Program [BSIP] subfunds, and $8,395,000 in First/Last Mile [FLM] subfunds) and local city contributions in the amount of $12,996,198 to complete the SMIP Phase 1 projects and/or project phase(s).
16 1775716.1
Additional funds will be required to fully complete PS&E, and construction for some of the Cities’ SMIP Phase 1 Projects and funds are currently being sought by the SGVCOG and its Partner Cities through numerous competitive grant applications and earmark requests. A summary of the details for the City’s SMIP Phase 1 Projects’ estimated project costs and budget is shown below:
SMIP Phase 1 Estimated Project Costs & Project Funding / Budget (All Cities) Project Milestones /
Phases
Total Cost
Estimate
Secured Funding
Additional
Funding
Needed
LACMTA
Measure M Funds Local Agency Total Funding
SGVCOG PM/Admin $1,499,797 $1,499,797 MSP Cycle 2
BSIP
n/a $1,499,797 n/a
PLANNING $90,000 $0 $90,000 $90,000 $0
PA&ED $320,460 $253,649 $136,092 $389,741 ($69,281)
PS&E $5,799,062 $3,232,260 $1,264,198 $4,496,458 $1,302,604 ROW $0 $0 $20 $20 $(20)
CON $72,368,348 $10,012,267 $11,505,888 $21,518,156 $50,850,192 OTHER $0 $0 $0 $0 $0
TOTAL $80,077,667 $14,997,974 MSP Cycle 2 $12,996,198 $27,994,172 $52,083,495
17 EXHIBIT B
EAST SAN GABRIEL VALLEY
SUSTAINABLE MULTIMODAL IMPROVEMENT PROJECT (SMIP)
Scope of Work
City of San Dimas SMIP Phase 1
City of San Dimas
East/West Multimodal Transportation Route Project
(MSP Cycle 2 [First/Last Mile Subfund] Allocation $200,000) San Dimas SMIP Phase 1 Project Description
The City of San Dimas’ SMIP Phase 1 Project - East/West Multimodal Transportation Route Project includes Project Approval and Environmental Documentation (PA&ED), Conceptual Engineering design, and developing construction cost estimates for a First/Last Mile multi-modal east-west Active Transportation route between Valley Center Avenue and San Dimas Canyon Road, along Cienega Avenue, Eucla Avenue, and Bonita Avenue. The Project will include reconfiguring the existing roadways to accommodate a Class II bicycle lane, Class III sharrows, and pedestrian facilities and amenities to provide an enhanced and safe First/Last Mile, Active Transportation connection to the future Metro A Line Station for residents in the City of San Dimas and northeast San Gabriel Valley.
The goal of the Project is to provide an improved intermodal connection for all roadway users within the City by developing an Active Transportation corridor to promote and enhance safe walkability, bicycling, and other non-motorized modes of transportation, and to facilitate multimodal, First/Last Mile transit connectivity to transit networks.
San Dimas SMIP Phase 1 Project Limits/Area & Location Map San Dimas’ SMIP Phase 1 is located between Valley Center Avenue and San Dimas Canyon Road, along Cienega Avenue, Eucla Avenue, and Bonita Avenue in the City of San Dimas.
This project limits are Valley Center Avenue at W. Cienega Avenue to the west and San Dimas Canyon Road at Bonita Avenue to the east.
18 1775716.1
San Dimas SMIP Phase 1 Estimated Project Costs & Project Funding/Budget The City of San Dimas’ total cost estimate for the City’s SMIP Phase 1 Project is currently undetermined. The allocated $200,000.00 in MSP Cycle 2 First/Last Mile (FLM) subfunds will complete Project Approval and Environmental Documentation (PA&ED), Conceptual Engineering design, and develop construction cost estimates. Additional funding will be required to complete Plans, Specifications, and Estimates (PS&E) and construction to implement the Project and are currently being sought by the SGVCOG and the City through competitive grant applications and earmark requests. Details for the City’s SMIP Phase 1 Project’s estimated project costs and budget are shown below:
City of San Dimas - East/West Multimodal Transportation Route Connectivity Project - Phase 1 Funding
Project Milestones /
Phases
Total Cost
Estimate
Secured Funding
Additional
Funding
Needed
LACMTA –
Measure M Funds Local Agency Total Funding
SGVCOG PM/Admin $20,000 $20,000 FLM n/a $20,000 n/a
PA&ED $10,000 $10,000 FLM $0 $10,000 $0
*PS&E $170,000 $170,000 FLM $0 $170,000 $0
ROW TBD $0 $0 $0 TBD
CON TBD $0 $0 $0 TBD
OTHER $ $ $ $ $
TOTAL TBD $200,000 FLM $0 $200,000 TBD
*Total cost estimate for PS&E is currently unknown and to be determined. Cost for PS&E shown is the cost estimate for Conceptual Engineering. SGVCOG is working with Metro staff to obtain a possible additional $100,000 from ATP Cycle 6 funds to be used to either further Conceptual Engineering and/or conduct PA&ED, contingent on costs.
19 1775716.1
San Dimas SMIP Phase 1 Detailed Project Schedule
Current Project Status: The project is currently in the planning phase.
San Dimas SMIP Phase 1 Project Milestone Schedule
Project Milestones / Phases Start Date End Date Duration (Months) PLANNING June 1, 2023 November 15, 2023 5½
CONCEPTUAL
ENGINEERING
December 1, 2023 May 31, 2024 6
PA&ED December 1, 2023 May 31, 2024 6
PS&E n/a n/a
ROW (if applicable) n/a n/a
CON (if applicable) n/a n/a
CLOSEOUT August 1, 2024 October 31, 2024 3
20 EXHIBIT C
CITY OF SAN DIMAS
EAST SAN GABRIEL VALLEY SUSTAINABLE MULTIMODAL IMPROVEMENT PROJECT (SMIP) Phase 1 Work MSP Funding Allocation
SMIP Phase 1 Work MSP Funding Allocation
City Project
FLM Subfunds
TOTAL
FY 2023 FY 2024 FY 2025 FY 2026
San Dimas East/West Multimodal Transportation
Route Connectivity Project $ 200,000 $ - $ - $ - $ 200,000 TOTAL $ 200,000 $ - $ - $ - $ 200,000
21 1775716.1
EXHIBIT D
CITY OF SAN DIMAS
EAST SAN GABRIEL VALLEY SUSTAINABLE MULTIMODAL IMPROVEMENT PROJECT (SMIP) Phase 1 Funding & Expenditure Plans
SEE ATTACHED
METRO’S PROJECT FUNDING PLAN (ATTACHMENT A)
&
EXPENDITURE PLAN (ATTACHMENT B)
SOURCES OF FUNDS FY2022-23 FY2023-24 FY 2024-25 FY2025-26 Total Budget
% of
Budget
LACMTA PROGRAMMED FUNDING
MEASURE M MSP CYCLE 2 (FLM) FUNDS $ 200,000 $ - $ - $ - $ 200,000 SUM PROG LACMTA FUNDS $ 200,000 $ - $ - $ - $ 200,000 100% OTHER NON LACMTA FUNDING:
LOCAL: $ - $ - $ - $ - $ - 0%
STATE: $ - $ - $ - $ - $ - 0%
FEDERAL: $ - $ - $ - $ - $ - 0%
PRIVATE OR OTHER: $ - $ - $ - $ - $ - 0%
SUM NON-LACMTA FUNDS $ - $ - $ - $ - $ - 0%
TOTAL PROJECT FUNDS $ 200,000 $ - $ - $ - $ 200,000 100% City Project Title: East/West Multimodal Transportation Route Connectivity Project - Phase 1
PROGRAMMED BUDGET - SOURCES OF FUNDS
ATTACHMENT A - PROJECT FUNDING
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG)
East San Gabriel Valley Sustainable Multimodal Improvement Project (SMIP) Measure M Funding Agreement - MSP
Attachment A - Project Funding
SOURCES OF FUNDS
FY 2022-23
Qtr 1
FY 2022-23
Qtr 2
FY 2022-23
Qtr 3
FY 2022-23
Qtr 4
FY 2023-24
Qtr 1
FY 2023-24
Qtr 2
FY 2023-24
Qtr 3
FY 2023-24
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE M MSP (FLM) FUNDS:
SGVCOG PM & Admin Costs (10%) $5,000 $15,000 $20,000
Planning Activities/Prog Dev $0
Environmental $10,000 $10,000
Design and PS&E $35,000 $135,000 $170,000
Right-of-Way Acquisition $0
Construction $0
Other $0
Total Measure M (FLM) $0 $0 $50,000 $150,000 $0 $0 $0 $0 $200,000 SUM PROG LACMTA FUNDS: $0 $0 $50,000 $150,000 $0 $0 $0 $0 $200,000 OTHER NON LACMTA FUNDING:
LOCAL:
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Other $0
Total LOCAL $0 $0 $0 $0 $0 $0 $0 $0 $0
STATE:
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Other $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL:
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Other $0
Total FEDERAL $0$0$0$0$0$0$0$0 $0
PRIVATE:
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Other $0
Total PRIVATE $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0
PROJECT FUNDING FY2022-
23 and FY2023-24 $0 $0 $50,000 $150,000 $0 $0 $0 $0 $200,000 East San Gabriel Valley Sustainable Multimodal Improvement Project (SMIP) City of San Dimas - East/West Multimodal Transportation Route Connectivity Project - Phase 1 MSP Cycle 2 Program FLM Subfunds:
PROGRAMMED SOURCES OF FUNDS
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG)
ATTACHMENT B ‐ EXPENDITURE PLAN COST & CASH FLOW BUDGET 1 of 2
Measure M Funding Agreement ‐ MSP Page 32 – 49 Attachment B ‐ Expenditure Plan East San Gabriel Valley Sustainable Multimodal Improvement Project (SMIP) City of San Dimas - East/West Multimodal Transportation Route Connectivity Project - Phase 1 MSP Cycle 2 Program FLM Subfunds:
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG)
ATTACHMENT B ‐ EXPENDITURE PLAN COST & CASH FLOW BUDGET
SOURCES OF FUNDS
FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4 &
Bd
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE M MSP (FLM) FUNDS:
SGVCOG PM & Admin Costs (10%) $0
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Other $0
Total Measure M (FLM) $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM PROG LACMTA FUNDS: $0 $0 $0 $0 $0 $0 $0 $0 $0
OTHER NON LACMTA FUNDING:
LOCAL:
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Other $0
Total LOCAL $0 $0 $0 $0 $0 $0 $0 $0 $0
STATE:
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Other $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL:
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Other $0
Total FEDERAL $0 $0 $0 $0 $0 $0 $0 $0 $0
PRIVATE:
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Other $0
Total PRIVATE $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0
PROJECT FUNDING Prior Years,
FY2024-25, and FY2025-26 $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL LACMTA FUNDS $0 $0 $50,000 $150,000 $0 $0 $0 $0 $200,000 TOTAL NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $0 $0 $50,000 $150,000 $0 $0 $0 $0 $200,000 2 of 2
Measure M Funding Agreement ‐ MSP Page 33 – 49 Attachment B ‐ Expenditure Plan
PROJECT LOCATION
CITY OF SAN DIMAS
PROJECT LOCATION MAP
EAST/WEST MULTIMODAL TRANSPORTATION
ROUTE CONNECTIVITY PROJECT
LEGEND:
AREA OF PROJECT
W BONITA AVENUE
W CEINEGA AVENUE
N EUCLA AVENUE
ATTACHMENT 2
ATTACHMENT 2
DRAFT-60% PLANS NOT FOR CONSTRUCTION
Proposed Modifications Add Class II bike lane each direction Eastbound Cienega reduced to One Lane Added 600 feet Parking on north side by Mobile Home Park Removed Approximately 250 feet Parking south side from Oakglen Ct to San Oaks Dr
DRAFT-60% PLANS NOT FOR CONSTRUCTION
Proposed
Modifications
Add Class II bike lane each direction
Eastbound Cienega reduced to One Lane Removed Parallel Left Turn Lanes at Target/Edison
DRAFT-60% PLANS NOT FOR CONSTRUCTION
Proposed Modifications Add Class II bike lane each direction Eastbound Cienega reduced to One Lane Eliminate Parking on East side of Eucla Ave
DRAFT-60% PLANS NOT FOR CONSTRUCTION
Proposed Modifications Add Class II bike lane each direction Eucla Ave to Acacia St Class III bike lane markings added from Acacia St to San Dimas Ave
DRAFT-60% PLANS NOT FOR CONSTRUCTION
Proposed Modifications
Bonita Ave reduced to one lane each directionAdd Class II bike lane each direction Need CPUC approval for Class II from San Dimas Ave to Walnut Ave Bike Masterplan shows Class III from San Dimas Ave to Walnut Ave.
Parking eliminated on both sides of Bonita Ave from Walnut Ave to Pony Express Way From Pony Express Way to Gaffney Ave parking eliminated on south side
DRAFT-60% PLANS NOT FOR CONSTRUCTION
Proposed Modifications Add Class II bike lane each direction Parallel left turn lane eliminated Parking on south side of Bonita Ave eliminated from Walnut to Gafney Ave Median at San Dimas Canyon Road modified to 10 foot wide planting upgraded
State of California
GOVERNMENT CODE
Section 54957.95
54957.95. (a) (1) In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting, including any teleconferenced meeting.
(2) Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b).
(b) As used in this section:
(1) “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. (B) Engaging in behavior that constitutes use of force or a true threat of force. (2) “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
(Amended by Stats. 2025, Ch. 327, Sec. 22. (SB 707) Effective January 1, 2026.)
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
State of California
GOVERNMENT CODE
Section 54957.96
54957.96. (a) The existing authority of a legislative body or its presiding officer to remove or limit participation by persons who engage in behavior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including existing limitations upon that authority, shall apply to members of the public participating in a meeting via a two-way telephonic service or a two-way audiovisual platform.
(b) For purposes of this section, the following definitions apply:
(1) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. A two-way audiovisual platform may be structured to disable the use of video for the public participants. (2) “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate.
(Added by Stats. 2025, Ch. 327, Sec. 23. (SB 707) Effective January 1, 2026.)
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
State of California
PENAL CODE
Section 403
403. Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 302 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.
(Amended by Stats. 1994, Ch. 923, Sec. 159. Effective January 1, 1995.)
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
01248.0001/754391.2
DISRUPTIVE SPEAKERS
Legal Guidelines – Overview
Basic Rule: After being warned, a member of the public can be removed for disrupting a meeting. “Disrupting” means engaging in behavior during a meeting that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, and includes failure to comply with reasonable and lawful meeting regulations adopted by the City Council. (Gov. Code 54957.95; Penal Code 403.)
1. A City Council meeting is a “Limited Public Forum”
a. This means the City Council may require a speaker to remain “on topic”. i. During an agenda item, public comment is limited to the agenda item. ii. During general oral communications, public comment is limited to items within the jurisdiction of the City Council or related to City business. (E.g. a speaker cannot use their 3 minutes to advertise their Subaru for sale.) Topics unrelated to City business are disruptive of the meeting and can subject the speaker to removal after warning.
iii. Personal attacks on Councilmembers or on other members of the public that are irrelevant (not on topic) to the substantive issue at hand, or not related to any matter of city business, are disruptive of the meeting and can subject the speaker to removal after a warning.
1. However, the City Council may not prohibit public criticism of the officials, policies, procedures, programs or services of the city.
2. Non-Disruptive Behavior:
a. Nazi Salute: A brief Nazi salute that does not actually disturb the meeting, and expresses a point of view on the topic at hand, cannot be a basis for removal. However, if done in support of members of the audience who are creating a disruption, it may be a basis for removal.
b. Profanity: Expletives coupled with political speech about the topic at hand are generally protected. (Leonard v. Robinson, 477 F.3d 347 (6th Cir. 2007) [use of “God damn” by a nondisruptive speaker is protected].) i. However, expletives not related to political speech about the topic at hand do not rise to the same level of protection… but should still be first warned then determined to be out of order prior to removal.
3. Valid Rules:
a. Time limits for each speaker. Limiting public commentary to 1, 3, or 5 minutes is a reasonable time, place and manner restriction. Speakers exceeding time limits are disrupting the meeting and subject to removal after warning. b. Stop and warn speakers who are engaging in conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the meetings by, for example, speaking too long, by being unduly repetitious, or by discussion or display of irrelevancies. c. Certain categories of speech have no legal protection and can be completely prohibited:
i. Obscenity
ii. Fighting Words / Incitement to Imminent Lawless Action (words whose very utterance inflict injury or tend to incite an immediate breach of the peace.)
01248.0001/754391.2
iii. Defamation of a member of the public (false statement of fact damaging to reputation)
iv. Child pornography
v. Blackmail / Extortion
vi. Threats of Violence
vii. Solicitations to commit crimes