CITY COUNCIL SUCCESSOR AGENCY MEETING AGENDA …

THE MARCH 23rd, 2021 CITY COUNCIL MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDER N-29-20

THE CITY COUNCIL CHAMBERS WILL BE OPEN FOR PUBLIC COMMENT ONLY Pursuant to the Governor’s Executive Order dated March 17, 2020, the City Council is authorized to hold public meetings via teleconferencing and to make meetings accessible electronically to all members of the public seeking to observe and to address the legislative body. All Brown Act provisions that require the physical presence of City Councilmembers or the public for City Council meetings are waived. Please review pages five and six of this document for instructions on public participation. 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]. ROLL CALL:

Mayor Emmett Badar, Mayor Pro Tem Denis Bertone, Councilmember John Ebiner, Councilmember Ryan A. Vienna, Councilmember Eric Weber

CALL TO ORDER AND FLAG SALUTE

1. RECOGNITIONS Proclaim April Donate Life Month in San Dimas

2. 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 (3) three minutes. This will be the only oral communication period, with the exception of public hearing items.

3. 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.)

CITY COUNCIL SUCCESSOR AGENCY MEETING AGENDA

TUESDAY MARCH 23rd, 2021 7:00 P. M. SAN DIMAS COUNCIL CHAMBER

245 EAST BONITA AVENUE

http://www.sandimasca.gov/

mailto:[email protected]

City Council Agenda March 23rd, 2021

Resolutions read by title, further reading waived, passage and adoption recommended as follows: a. Approve RESOLUTION 2021-14, for the Warrant Register of February 26th, 2021

in the amount of $1,076,779.49.

b. Consider Approval of Subscription with Accela, Inc. in the Amount of $69,322.37 RECOMMENDATION: Staff recommends approving the subscription agreement with 27 licensed users at a cost of $69,322.37 for March 31, 2021 through March 30, 2022 term and to approve continuation of the subscription as long the rate increases are in conformity with the contract.

c. Authorize City Manager to Draft Letters of Support for Funding Requests through Congressional Appropriation Process and the Transportation Reauthorization Bill Process

RECOMMENDATION: Authorize the City Manager to draft letters of support for the Mayor’s signature for each of the specific projects proposed to be submitted for funding.

d. Paseo Alondra Slope Restoration RECOMMENDATION:

i. Award Construction Contract 2021-02 to CERCO Engineering in the

Amount of $43,000. ii. Authorize a total project budget of $78,750 ($43,000 for the construction contract,

and $35,750 for geotechnical testing, survey, engineering services and 25% contingency).

e. Successor Agency -- Consider Approval of Contract with Kosmont

Companies for Real Estate Consulting Services in Connection with Proposed Sale of 344 W. Bonita Ave., 108 N. Cataract Ave., and 112 N. Cataract Ave. RECOMMENDATION: Approve the contract with Kosmont Companies, contingent on being fully funded by Pioneer Square LLC, in an amount not to exceed $75,000, appropriate a budget adjust for $75,000 to Successor Agency Account 038.4120.020.004, and authorize the City Manager to execute any necessary documents.

f. Annual Progress Report to the State of California Department of Housing and Community Development (HCD) on the 2014-2021 Housing Element

RECOMMENDATION: Receive and file.

g. San Gabriel Valley Council of Government Updates END OF CONSENT CALENDAR RECOMMENDATION: Approve consent calendar as presented.


4. OTHER BUSINESS

Consideration and Action to Authorize Agreement and Budget Modification for a Citywide Mobile Application Service Provided by GoGov, Inc.

RECOMMENDATION:

i. Authorize the City Manager to enter into a one-year agreement with GoGov, Inc. to provide Mobile Application services, and

ii. Appropriate $24,960 for the first year’s subscription.

5. PUBLIC HEARING

Municipal Code Text Amendment 20-0007- Consideration of a Municipal Code Text Amendment to amend Chapter 10.40 - Abandoned Vehicles revising the definition of “Abandoned Vehicles” that constitutes a nuisance (First reading and introduction of Ordinance 1285) (First Reading and Introduction)

RECOMMENDATION: City Clerk read by title and introduce Ordinance 1285. 6. STAFF AND CITY COUNCIL REPORTS

a. City Manager

b. City Attorney

c. Members of the City Council

1) Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d))

2) City Council Requests for Future Items, Comments and Updates

7. CLOSED SESSION

SUCCESSOR AGENCY AND CITY COUNCIL CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 344 W. Bonita Avenue (APN: 8386-021-913), 108 N. Cataract Avenue (APN: 8390-021-916), and 112 N. Cataract Avenue (APN: 8390-021-915).

Agency/City Negotiators: Chris Constantin, Executive Director; Brad McKinney, Assistant City Manager; Jeff Malawy, City/Agency Attorney; Larry Kosmont, Kosmont Companies.

Negotiating Parties: Pioneer Square, LLC; City of San Dimas as Successor Agency to the former San Dimas Redevelopment Agency; and City of San Dimas. Under Negotiation: Price and Terms of Payment


8. ADJOURNMENT The next meeting will a March 30th, 2021 Study Session at 5:30 p.m.

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) 394-6216. 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 35.102-35.104 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 inspection at the Administration Counter at City Hall and at the San Dimas Library during normal business hours. 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 March 19th, 2021, 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/agendas-minutes/ as required by law. March 19th, 2021 _____________________________ Date Debra Black, City Clerk

https://sandimasca.gov/

https://sandimasca.gov/agendas-minutes/


Directions for Public Comment Period There will be three options for members of the public to participate during Oral Communications. There will be one Oral Communication period at the beginning of the meeting, for the public to comment on any matter on or off the agenda. Each speaker will have one three-minute opportunity to make their comments. At the two-minute mark staff will announce one-minute remains. Public comment will not be taken during each individual agenda item, except that public comment will be taken separately for public hearing agenda items. Public Comments will be taken in the following order:

1. Written comments received by email before 4:00 will be provided to the Council, posted on the website, acknowledged by name and topic and added to the permanent record.

2. In person participants (Current orders provide that only 15 people are allowed in any one room). Councilmembers, Staff and members of the public will not exceed the 15 persons requirement in the Council Chambers.

a. A speaker card will be required to facilitate and track the number of participants in the Council Chamber. If you do not wish to list your name, you may identify as “Speaker #1” or your number in the que. The cards will be presented to the City Clerk who will call speakers to the podium in the order the cards are submitted.

b. Once three minutes has expired speakers must exit the Chamber using the double doors to the right of the podium and exit City Hall.

c. Staff will be in the lobby monitoring the number of attendees and ushering the speakers into Chambers when space permits.

3. Phone participants may call (909)394-6206 before the closure of the public comment period.

4. Public comment may also be submitted by logging onto the meeting through this link:

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5. Public Hearings will also follow the above protocols _____________________________________________________________________________ In order to minimize the spread of the COVID 19 virus, the March 23rd, 2021 City Council meeting will be conducted as follows:

1. The City Council Chamber will be closed to the public except for Oral Communications, and except for any public hearing agenda item. After oral comments, the speaker must exit City Hall (See instructions for exiting the building).

2. 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.

3. If you wish to submit written comments before the meeting you are strongly encouraged to submit your comment via email by 4:00 P.M. on Tuesday, March 23rd, 2021 to the City Clerk at [email protected]. The City Clerk will read into the record the names, topic and position taken, provide copies to the City Council and post on the City website.

4. If you are watching the live stream and wish to make a comment during Oral Communications or during any public hearing agenda item, you may call (909) 394-6206 before the closure of public comment period.

5. In compliance with the Americans with Disabilities Act, if you need special assistance to

participate in the City Council meeting, please contact the City Clerk's Office at least 24 hours prior to the meeting to ensure reasonable accommodations can be considered and arranged to provide accessibility to participate in the meeting.

The City of San Dimas thanks you in advance for taking all precautions to prevent spreading the COVID 19 virus.

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Donate Life

W HEREAS, organ, tissue marrow and blood donations are life-giving acts recognized worldwide as expressions of compassion to those in need; and

W HEREAS, more than 108,000 individuals nationwide and more than 21,000 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, Deceased organ donors saved more than 33,000 lives last year, the most ever;

W HEREAS, any person can register to be an organ, eye and tissue donor regardless of age or medical conditions;

W HEREAS, over seventeen million Californians have signed up with the state-authorized Donate Life California Donor Registry to ensure their wishes to be organ, eye and tissue donors are honored; and

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.

W OW THEREFORE, I Mayor Emmett G. Badar, Mayor Pro Tem Denis Bertone, Councilmembers John Ebiner, Ryan A. Vienna and Eric Weber hereby proclaim the month of April 2021 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 23rd day of March 2021.

___________________________________

Mayor

Attest: ____________________________________ City Clerk

http://www.donatelifecalifornia.org/

RESOLUTION 2021-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR THE MONTH OF MARCH 2021

WHEREAS, the following listed demands have been audited by the

Administration Services Manager; and

WHEREAS, the Administration Services Manager 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 March 30th, 2021 Warrant Register in the amount of $897,871.62.

PASSED, APPROVED AND ADOPTED this 23rd, day of March 2021.

_____________________________

Emmett G. Badar, Mayor ATTEST:

_________________________________ Debra Black, City Clerk

I, Debra Black, City Clerk, hereby certify that Resolution 2021-14 was approved by vote of the City Council of the City of San Dimas at its regular meeting of March 23rd, 2021 by the following vote:

AYES: NOES: ABSENT: ABSTAIN:

Debra Black, City Clerk

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Agenda Item Staff Report

To: Honorable Mayor and Members of City Council For the meeting of March 23, 2021

From: Chris Constantin, City Manager

Initiated by: Michael O’Brien, Administrative Services Manager

Subject: Continuation of Subscription Agreement with Accela Inc. for the Use and Maintenance of the Accela Software System

______________________________________________________________________________

RECOMMENDATION

Staff recommends that the City Council approve the continuation of the subscription agreement with 27 licensed users at a cost of $69,322.37 for March 31, 2021 through March 30, 2022 and approve the continuation of the subscription as long as the rate increases are in conformity with the contract. If the need for additional licenses becomes necessary, staff will bring the item back to City Council for approval and any budget modification.

BACKGROUND

On March 24, 2015, Council approved a professional services agreement with Accela Inc. for the implementation and subscription service for Land Management software. The system went live on May 5, 2017 and is utilized to manage the City’s permitting and licensing programs which includes, public work, engineering, building, planning, business licensing and the overnight parking program.

The Accela software system is a hosted service which is maintained and operated by Accela Inc. freeing the City of the need to purchase and maintain servers to operate the system.

SUMMARY On March 24, 2015, the City Council approved a professional services agreement with Accela Inc. for the implementation and subscription service for Land Management software. Due to the increase in licensed users, City Council approval is required to continue with the subscription agreement.

Item 3b Page 1

Accela Subscription Agreement Page 2 For the meeting of March 23,2021

Since implementation of the original software, staff has identified the need to add 12 additional users to the system to improve efficiencies and provide redundancies. This will increase the licensed users from the original 15 to 27. The growth in users can be attributed to additional approved staffing since 2015, and the increased workload required due to State legislation. SB 205 requires a person or entity applying for a new or renewed business license to demonstrate enrollment in a National Pollutant Discharge Elimination System (NPDES) permit which requires additional documentation, record keeping and oversight. DISCUSSION/ANALYSIS The continued use of the Accela software system is necessary for efficient and effective operations. To end the subscription would require an immediate transition to another permitting and licensing program, which would be costly and typically requires a multiyear implementation period. This request is a sole source under San Dimas Municipal Code Section 3.28.120B, an exception to any further competitive bidding requirements, as Accela is the only vendor who can provide the additional licensing for our existing system and no alternative appears to exist. FISCAL IMPACT The cost of the licensing subscription is currently budgeted in the 2020-21 budget and would not require any additional budget appropriation. Respectfully submitted,

Michael O’Brien, Administrative Services Manager Attachments: Accela Subscription Terms, Conditions, pricing and insurance

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Prepared by: Shari Garwick, Director of Public Works

Subject: Funding Requests through Congressional Appropriation Process and the Transportation Reauthorization Bill Process

______________________________________________________________________________

RECOMMENDATION

City staff request the City Council to authorize the City Manager to draft letters of support for the Mayor’s signature for each of the specific projects proposed to be submitted for funding.

FISCAL IMPACT

There is no cost for the application process, only City staff time involved in drafting the applications. Limited local funds impact the City’s ability to undertake capital projects. These federal funds would provide real assistance that would facilitate priority projects.

BACKGROUND

On March 10, 2021, the City received notification from Congresswoman Napolitano’s Office that there are funding opportunities for City projects through the Congressional Appropriations process and through the Transportation Reauthorization Bill process.

SUMMARY Congresswoman Napolitano’s Office recently informed the City of potential funding opportunities for City projects through the Congressional Appropriation process and the Transportation Reauthorization Bill process. Requests must be submitted to Congresswoman Napolitano’s Office by March 31, 2021, which provides a very short window to complete the applications. A mandatory element required with the application is a letter of support from local agency officials. Staff requests Council authorize the Mayor to sign letters of approval for the various projects listed in the report.

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Funding requests through Congressional Appropriation process Page 2 and the Transportation Reauthorization Bill process City Council Meeting of March 23, 2021 The deadline for submittal of projects for consideration through these funding processes is March 31, 2021. A letter of support from the City’s elected leaders is a mandatory element in order for the application to be considered through either process. Due to the short notice provided, Staff is currently developing the applications and letters thus, they are not ready for inclusion with this report. DISCUSSION Below is a summary of the two application processes and the potential projects for each category:

Application Type Potential projects

The Appropriations Process Projects that have been funded include building a community center, senior center, recreation center or park, water infrastructure, transportation infrastructure, health care services, education programs, social services, police services or equipment, and other local government projects and programs. This is one year of funding provided in 2022.

The Transportation Bill Process Projects that are often funded include road repair or construction, transit projects, transit buses, bicycle or pedestrian projects, or other surface transportation projects.

As mentioned above, with the short deadline to develop the applications, Staff has not finalized the applications but anticipates submitting a request for the following San Dimas projects:

Project Name Limits Estimated Costs City Maintenance Yard Relocation

$9 million

San Dimas Ave Pedestrian Bikeway Improvement Project

From Gold Line Station to Avenida Loma Vista

$3 million

Via Verde Avenue Street Rehabilitation Project

From Covina Hills Road to east City Limit

$2.7 million

Arrow Highway Street Resurfacing Project

From west City limit to east City limit

$3 million

Gladstone Street Reconstruction project

From Amelia Ave to San Dimas Avenue

$2.5 million

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Funding requests through Congressional Appropriation process Page 2 and the Transportation Reauthorization Bill process City Council Meeting of March 23, 2021 It should be noted that the projects listed above are currently included in the City’s Capital Improvement Project listings.

Respectfully submitted,

Shari Garwick Director of Public Works

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To: Honorable Mayor and Members of City Council For the Meeting of March 23, 2021


Prepared by: Brandon Slater, Associate Engineer

Subject: Paseo Alondra Slope Restoration ______________________________________________________________________________

RECOMMENDATION

City staff recommends that City Council consider and approve the following:

1. Award Construction Contract 2021-02 Paseo Alondra Slope Restoration to CERCOEngineering as the lowest responsive bid for the bid amount of $43,000.

2. Authorize a total project budget of $78,750 ($43,000 for the construction contract, and$35,750 for geotechnical testing, survey, engineering services and 25% contingency).

SUMMARY In 2017, a slope failure occurred at the rear of 1325 Paseo Dorado on the slope south of Paseo Alondra. The failure was partially on private as well as City owned property. The City hired a Geotechnical Engineer to assess the failure, to determine the cause, and provide design of the slope repair. The Geotechnical Engineer determined the cause of the slope failure originated from unpermitted improvements on the private property. The City informed the private property owner of the findings and required the owner to effect repairs. After a period with no progress made to repair the slope, the City took legal action against the property owner for the estimated cost of the repairs.

To expedite the repairs and curtail further legal fees, the City entered into a settlement agreement with the property owner in 2021. The construction contract for repair of the slope was advertised as an informal bid and on March 15, 2021, the City received six bids. Staff requests Council approve awarding Construction Contract 2021-02 Paseo Alondra Slope Restoration to the lowest bidder, CERCO Engineering, for the bid amount of $43,000. The overall construction project budget would be $78,750 which includes the construction contract, geotechnical testing, engineering services, and 25% contingency. The amount budgeted for Fiscal Year 2020-2021 of $60,000 combined with the settlement agreement amount of $47,500 will be used to pay for the total construction project budget.

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CC2021-02 Paseo Alondra Slope Restoration Page 2 City Council Meeting of March 23, 2021 FISCAL IMPACT In Fiscal Year 2020-21, the City budgeted $60,000 for repair and restoration of the slope failure behind 1325 Paseo Dorado which cascaded onto City owned property (APN 8448-021-900). In February 2021, the City entered into a settlement agreement where the property owner of 1325 Paseo Dorado paid the City $47,500 for repair of the slope. This brings the total funding available for slope repair in FY 2020-2021 to $107,500. The total construction project budget will include the contract construction costs as well as Geotechnical Testing and Engineering Services and 25% contingency. A break down of the construction project budget is provided below.

Construction Bid $ 43,000.00 Project Contingency, 25% $ 10,750.00 Geotechnical Testing & Engineering Services $ 25,000.00 Construction Project Budget: $ 78,750.00

The anticipated total construction project budget expenditure for Paseo Alondra Slope Restoration is $78,750. This amount is within the funding provided with the settlement agreement and budgeted slope repair. Any amount remaining after the construction project will be returned to the City’s general fund. BACKGROUND In 2017, a slope failure occurred at the rear of 1325 Paseo Dorado on the slope south of Paseo Alondra. The slope was temporarily covered to help prevent additional erosion and slides until the proper repairs are completed. The slope failure occurred on both private and City owned property. The City and property owner agreed to a settlement on February 23, 2021 for the amount of $47,500. The Paseo Alondra Slope Restoration project will restore the failed section of slope back to its pre-existing grade. The slope will be benched per the Geotechnical Engineer’s recommendations, geofabric installed and then approximately 105 cubic yards of compacted fill placed to restore the slope. The project will also include removing the remaining conditions that were determined to have caused the slope failure. This includes removal of the existing rail road tie retaining wall, replacing the perforated drain pipe and restoring the adjacent slope grade back to the original grade. The project also includes irrigation, hydroseed and jute netting to help control surface erosion once the grading is complete. Restoring the slope will help prevent additional erosion and slides from occurring and avoid more costly future restoration. DISCUSSION/ANALYSIS Bid Results and Evaluation On March 15, 2021, six informal bids were publicly opened for Construction Contract 2021-02, Paseo Alondra Slope Restoration. The preliminary bid results are as follows:

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CC2021-02 Paseo Alondra Slope Restoration Page 3 City Council Meeting of March 23, 2021

Contractor Base Bid 1 CERCO Engineering $ 43,000.00 2 Naka Engineering & Construction Inc. $ 47,300.00 3 FS Contractors, Inc. $ 69,000.00 4 Ortiz and Sons, Inc. $ 125,000.00 5 GRBCON, Inc. $ 223,932.00 6 Hera General Engineering Inc. $ 224,295.00

Following the bid results, Staff reviewed the bid proposal provided by the lowest responsible bidder, CERCO Engineering and verified that the contractor’s bid bond is issued by an admitted surety, as required by Public Contract Code 20170. It was confirmed through the State Contractor’s License Board that the contractor’s license 1020681, Class A, is current and active with an expiration date of 12/31/2021. The contractor is registered through the Department of Industrial Relations as required by law (Registration No. 1000510726). Staff contacted several of the references provided with the bid and the consensus was that CERCO Engineering has successfully completed projects for multiple agencies. Respectfully submitted,

Brandon Slater Associate Engineer Attachment: Draft CC 2021-02 Paseo Alondra Slope Restoration Contract Agreement

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CONTRACT AGREEMENT

CONSTRUCTION CONTRACT NO. 2021-02

PASEO ALONDRA SLOPE RESTORATION

THIS CONTRACT (the “Contract”) is made and entered into this ____ day of __________________, 2021, by and between the City of San Dimas, County of Los Angeles, State of California, (the “City”) acting through its duly authorized representatives, and CERCO ENGINEERING (the “Contractor”). WITNESSETH: WHEREAS, by resolution of the City Council of the City of San Dimas (the “City Council”), the Contractor was duly awarded CONSTRUCTION CONTRACT NO. 2021-02, PASEO ALONDRA SLOPE RESTORATION, for the work or improvement (the “Work”) hereinafter mentioned; NOW, THEREFORE, the Contractor, for the consideration hereinafter mentioned, promises and agrees with the City that the Contractor will furnish and faithfully perform, or cause to be faithfully performed, in a good and workmanlike manner, under the supervision of and to the satisfaction of the City Engineer of the City of San Dimas (“City Engineer”), all the Work described within this Contract. The Contractor further promises and agrees that the Work shall be done strictly in accordance with the plans and specifications (the “Contract Documents”) which are designated CITY OF SAN DIMAS, “CONSTRUCTION CONTRACT NO. 2021-02, PASEO ALONDRA SLOPE RESTORATION”, which are on file in the Office of the City Clerk, and the Contract Documents, including any addenda, are hereby expressly and fully made a part of this Contract.

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

The Contractor also agrees that it shall be responsible for the acts and omissions of all of

its employees and subcontractors, their agents and employees, and for all other persons performing any of the Work under a contract with the Contractor.

The Contractor shall supervise and direct the Work, using its best skill and attention, and shall be solely responsible for all construction means, methods, techniques, sequences and procedures. Unless otherwise noted, the Contractor shall be responsible for coordinating all portions of the Work, and the Contractor shall provide and pay for all labor, services, materials, installation, cartage, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, storage, taxes, insurance, and other facilities and services necessary for the proper execution of the Work. The Contractor further promises and agrees that the materials used in the Work shall comply with the Contract Documents and be to the satisfaction of the City

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Engineer, and that the Contractor will timely complete the Work, and turn the Work over to the City, complete and ready for use, and discharged from all claims or demands on any and all materials, equipment and labor used or to be used in the Work.

The City Engineer, acting in his official capacity and not individually, fixes the time for the commencement of the Work within five (5) calendar days of a Notice to Proceed. The contractor shall have twenty-five (25) working days for the completion of the project. The working hours are Monday thru Friday 7:00 am to 5:00 pm with the exception of City Holidays. The City Engineer agrees that upon the completion of the Work both to the City Engineer’s satisfaction and in compliance with the Contract, the City will pay, and the Contractor agrees to accept as full and final compensation for all the Work, the total of all bid items, adjusted for variation of quantities at the unit prices for the materials actually used or furnished for the Work, as set forth below: BASE BID

ITEM UNIT DESCRIPTION OF BASE BID ITEM BID ITEM TOTAL

1 1 LS Mobilization, Demobilization, Traffic Control. Complete in place for the unit price of: ($ 10,000.00) per LS

$10,000.00

2 1 LS Grading, clearing and grubbing and slope restoration required to complete work shown on plans. Complete in place for the unit price of: ($ 19,500.00) per LS

$19,500.00

3 1 LS Remove railroad tie retaining wall and restore natural slope grade within area delineated by the blue box per the project plans and specifications. Complete in place for the unit price of: ($ 13,500.00) per SF

$13,500.00

TOTAL BASE BID ITEMS $ 43,000.00

TOTAL BASE BID IN WORDS:

FORTY-THREE THOUSAND DOLLARS AND NO CENTS

All costs of prosecuting the Work under the Contract shall be included in the Contractor’s bid.

The Contractor also agrees to furnish, if and when required, payroll affidavits, receipts,

vouchers, release for claims for labor, material and subcontractors performing the Work under the Contract, all in a form satisfactory to the City, and the Contractor also agrees that no payment shall be made, except at City's option, unless any or all of the requested documents have been furnished to the City.

The Contractor warrants that all of the Work in this Contract shall be done in a first class,

workmanlike manner and in accordance with Contract Documents, with new and quality materials and warrants all the Work and materials against defect or deviation (the Defect”), both in the

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material or the workmanship, for a period of one (1) year from its completion of the Work, unless stated otherwise in the Contract Documents. If a Defect in the Work is latent, hidden or not readily observable, the Contractor's warranty shall be extended for one (1) year from the date of discovery of the Defect. The Contractor will within a reasonable time after written notice of a Defect, remedy and repair the Defect and any related damage resulting from the Defect (without any expense to the City).

Eight (8) hours of labor shall constitute a legal day’s work under the Contract, and neither

the Contractor, or any of its subcontractors, who employs, directs or controls the work of any laborer, workman or mechanic employed to perform any of the Work included in this Contract shall require or permit any such laborers, workman or mechanic to labor more than eight (8) hours during any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger of life or property, and except as provided in California Labor Code Section 1815. Except for an extraordinary emergency, the Contractor shall forfeit as a penalty to said City the sum of twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of this Contract by the Contractor, or by any of its subcontractors, for each calendar day during which any such laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of California Labor Code Article 3, Chapter 1, Part 7, Division 2. Pursuant to the California Labor Code, the City Council has ascertained and determined the general prevailing rate of per diem wages (including employer payments for health and welfare, pension, vacation and similar purposes), and the general prevailing rate for legal holiday and overtime work in the locality in which the Work is to be performed for each craft or type of workman needed to execute the Work. Based on the City Council’s determination, the Contractor, and any of its subcontractors, agrees to pay, at a minimum, the specified prevailing rates of wages to all laborers, workmen, and mechanics employed by them in the execution of the Contract. These general prevailing rates of wages are specified in the Contract Documents. Pursuant to the provisions of California Labor Code Section 1775, the Contractor shall, as a penalty to the City, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each laborer, workman or mechanic paid less than the prevailing rates as determined by the City Engineer for the Work or craft in which the laborer, workman or mechanic is employed for any public work done under the Contract by them or by any subcontractor under them In an effort to minimize public inconveniences and possible hazards, and to restore streets and other work areas to their original condition and former state of usefulness as soon as practical, the Contractor shall diligently prosecute the Work to completion. If, as determined by the City Engineer, the Contractor fails to timely prosecute the Work to completion, the Contractor shall, upon orders from the City Engineer, immediately take steps necessary to diligently and fully complete the Work. The City Engineer may suspend the Work in whole or in part should the contractor fail to take the steps necessary to fully accomplish the Work. The Work suspension will not be lifted until the Contractor takes the steps ordered by the City Engineer. As soon as possible under the provisions of the Contract, the Contractor shall backfill all excavations and restore to usefulness, all improvements existing prior to the start of the Work. In the event that a third party claim arises out of this Contract, the City will give timely notice of the claim to the Contractor after receipt of the third party claim. The Contractor, or any of its subcontractors, shall use or supply only such unmanufactured materials as have been produced in the United States, and only such manufactured materials as have been manufactured in the United States, pursuant to the provision of California Government Code Article 1, Chapter 4, Division 5, Title 1, except as otherwise provided in Article 1.

4

The Contractor, and any of its subcontractors, shall have in place all of the insurance coverage required in the Contract Documents, and shall furnish the required Certificates of Insurance to the office of the City Clerk prior to the start of any Work. Until the City receives the required Certificates of Insurance the Work under this Contract shall not proceed. The Contractor shall defend, indemnify and hold the City harmless from any and all liability, loss, damage, cost and expense, including court costs and attorney's fees (whether or not litigation has commenced), of whatever nature or type that the City may suffer or incur by reason of:

• Any injury or damage sustained or purported to have been sustained by any person or thing as a result of the Contractor's actions or omissions, or those of any other persons who are at any time during the course of construction, under the direction, supervision, request or sufferance of the Contractor, including but not limited to subcontractors, laborers, and material suppliers; or

• Any breach or default of the Contractor under this Contract. The Contractor agrees to furnish bonds guaranteeing the performance of this Contract and guaranteeing payment for all labor and materials used under the Contract, as required by the laws of the State of California. The Performance Bond shall be for an amount not less than 100% of the amount of this Contract and shall be conditioned on full and complete performance of the Contract, guaranteeing the work against faulty workmanship or materials for a period of one year after completion and acceptance. The Labor and Materials Bond shall be in an amount of not less that 100% of the amount of the Contract, and shall be conditioned upon full payment of all labor and materials entering into or incidental to the work covered by the Contract. The Surety on the required bonds shall be a Surety Company of financial resources satisfactory to the City Council and authorized to do business in the State of California.

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

The Contractor Agrees to observe and comply with all laws, ordinances and regulations

relating to the manner of doing the Work under the Contract or to the materials supplied therein.

This Contract, including the incorporated Contract Documents, shall govern the Work and supersede all others. The person signing the Contract shall be the owner or qualified officer of the Contractor. The City and the Contractor agree that any question of the rights and duties of the parties under the Contract shall be determined solely pursuant to California law. /// /// /// /// ///

5

WITNESS OUR HANDS AND OFFICIAL SEAL. CITY OF SAN DIMAS DATED: ___________________________ ____________________, CITY MANAGER DATED: ___________________________ ____________________, CITY CLERK DATED: ___________________________ _________________________________ (Signature of Person Authorized to Sign for the Contractor)

_________________________________ (Print Name)

_________________________________ (Signatory Position / Title)

_________________________________ (The Contractor’s Name)

STATE CONTRACTOR’S LICENSE NO. CLASS EXECUTE ATTACHED NOTARY ACKNOWLDGMENT, (California Civil Code Section 1189) 03-21-13/ ra

CONTRACT AGREEMENT

CONSTRUCTION CONTRACT NO. 2021-02

PASEO ALONDRA SLOPE RESTORATION

NOTARY ACKNOWLEDGMENT

A notary public officer completing this certificate verifies only the identity of the individual who signed the

document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF _______________________ ) ) COUNTY OF _____________________ )

On _____________________________, before me, _________________________________,

Notary Public, personally appeared __________________________________________, who

proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to

the within instrument and acknowledged to me that he/she executed the same in his/her

authorized capacity, and that by his/her signature on the instrument the person, or the entity upon

behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the

foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)




Prepared by: Brad McKinney, Assistant City Manager

Subject: Proposed Contract with Kosmont Companies for Real Estate Advisory Services for the Successor Agency Owned Property at 344 W. Bonita Avenue

______________________________________________________________________________

RECOMMENDATION

City staff recommend that the City Council approve the contract with Kosmont Companies, contingent on being fully funded by Pioneer Square LLC, in an amount not to exceed $75,000, appropriate a budget adjustment for $75,000 to Successor Agency Account 038.4120.020.004, and authorize the City Manager to execute any necessary documents.

BACKGROUND

The City originally retained Kosmont Companies on May 2, 2019 to assist with initial outreach to various developers and potential restaurant and retail tenants regarding the City/Successor Agency’s project objectives and to identify and evaluate tangible opportunities and development approaches for the property at 344 W. Bonita Avenue. Kosmont Companies has assisted the City/Successor Agency in selecting a commercial development project and preferred developer that creates a sense of place, which will be used and supported by the San Dimas community.

The initial contracts were for pre-sale/disposition real estate advisory/technical services in order to identify and evaluate a preferred development concept. The preferred concept continues to be with Pioneer Square LLC. The Project, as proposed, includes a mix of commercial, hospitality, and residential uses on the Property. Kosmont Companies has led negotiations with Pioneer Square

SUMMARY The proposed contact with Kosmont Companies for pre-disposition real estate advisory

services, due diligence services, and brokerage services for the property at 344 W. Bonita Avenue

Item 3E Page 1

Kosmont Companies Services Page 2 For the meeting of March 23, 2021

LLC for price and terms of potential transfer of Property, including an Exclusive Negotiating Agreement (ENA). The proposed contract is contingent upon being fully funded by the developer. The proposed contract would allow Kosmont Companies to provide follow-up on pre-sale/disposition real estate advisory/technical services, due diligence and brokerage service to evaluate a preferred commercially viable initial blended use development concept, as proposed by Pioneer Square LLC and other deliverables during the period of the ENA. In addition, Kosmont Companies would review and assist with the negotiation of specific deal and business terms in the Disposition and Development Agreement (DDA) or similar agreement and entitlements and CEQA process. Respectfully submitted, Brad McKinney Assistant City Manager Attachments: A - Proposed Contract B - Budget Amendment

Item 3E Page 2

March 11, 2021

Chris Constantin City Manager City of San Dimas 245 East Bonita Avenue San Dimas, CA 91773

Re: Follow-On Proposal for Pre-disposition Real Estate Advisory/Due Diligence Services & Brokerage Services

Dear Mr. Constantin:

Kosmont Real Estate Services ("KRES") dba Kosmont Realty ("KR"), a licensed California brokerage firm (#02058445), ("Kosmont" or "KR" or "Broker") is pleased to present this follow-on work plan and budget proposal to the San Dimas Successor Agency ("Successor Agency" or "SA") and City of San Dimas ("City") (collectively referred to as "Client") for pre-disposition real estate advisory/due-diligence services and brokerage services in connection with the future sale and disposition of an approximately 3.57-acre property ("Property") located at 344 W. Bonita Avenue and 108 and 112 N Cataract Avenue in the City of San Dimas, CA.

This proposal serves as an Agreement when executed and returned by Client to Kosmont.

I. BACKGROUND AND OBJECTIVE

Kosmont was retained on May 2, 2019 ("Original Agreement"), subsequently amended on January 21, 2020 ("First Amendment") and October 28, 2020 ("Second Amendment"), by the Client to assist with initial outreach to various developers and potential restaurant and retail tenants regarding the City/SA's project objectives and to identify tangible opportunities and development approaches; evaluate potential disposition options related to developing commercial uses over the entire site; or alternatively, to evaluate placement of restaurant/retail uses in conjunction with a brand-name hotel; and help City/SA select a commercial development project/preferred developer that creates a sense of place, which will be used/supported by its community and surrounding neighborhood.

KR has helped City/SA staff identify, evaluate, and select a commercial developer (Pioneer Square LLC ("PSQ" or "Developer)), pursuant to KR's existing Exclusive Authorization to Sell Agreement with the City/SA, as well as review/assist with negotiation of specific deal/business terms in the Exclusive Negotiation Agreement ("ENA") with PSQ, including price/terms of potential transfer of Property and a series of expected due diligence deliverables (e.g. market studies, preliminary pro-forma, outreach plan, financial sources of equity/debt, etc.) and City/SA expenses and good faith deposits.

Under the current ENA, KR has been assisting the City/SA with negotiations on price and terms of a Disposition and Development Agreement, review of due diligence items/deliverables (e.g., hotel study, site plan, market/leasing reports, financial and other

1601 N. Sepulveda Blvd. #382, Manhattan Beach, CA 90266 I ph 424.297.1079 I www.kosmontrealty.com

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Kosmont Agreement Page 1

City of San Dimas/San Dimas Successor Agency Proposal for Follow-On Real Estate Advisory & Brokerage Services

March 11, 2021 Page 2 of 11

information) and technical expertise with other key project related/transactional issues (e.g., parking, entitlements, legal requirements (e.g., Surplus Land Act)) and their potential impact to project viability/timing.

The Client has requested that Kosmont provide follow-on pre-sale/disposition real estate advisory/technical services to assist with identification and evaluation of a preferred commercially viable blended-use development concept ("PSQ Project" or "Project"), as proposed by PSQ, as well as technical expertise to navigate through primary transaction related issues (e.g., parking, project concept, environmental condition, entitlements/CEQA, Surplus Land Act requirements) and support with on-going negotiations of deal points/business terms in the Disposition and Development Agreement ("DDA").

Approach to Scope of Services: The prospective assignment and consulting services that Kosmont will provide will be of a relatively limited scope and duration, and advisory in nature. Kosmont will be making recommendations only, which advise the Client, including its elected officials, appointed officials and staff, which they can accept or reject. None of Kosmont's staff will act in a capacity as an elected official, nor appointed official, nor as staff, nor as serving in a "designated" position. With respect to the project evaluation, Kosmont will assist City in certain due diligence activities as related to developer capacity and project viability. All determinations and decisions as related to the project are entirely within the discretion of the City. Kosmont services are advisory.

The proposed project is speculative and future performance cannot be predicted. Real estate development is fundamentally a risk-based venture. For public agencies who own property that is subject to a developer negotiation in pursuit of land sale and anticipation of ultimate development of a project that may or may not receive all entitlements or necessary project financing, there is a chance that development activity may be delayed or not occur with the intended developer. Further, project conditions may change materially, including but not limited to modifications in economic trends and market conditions. As such, the following are "at risk" activities: sale transaction, project approvals, acquisition of financing and/or project construction, completion, and occupancy.

The following scope of services outlines the specific tasks and assignments associated with the aforementioned services:

11. SCOPE OF SERVICES

The major tasks to be performed by KR that will comprise this assignment are described as follows:

Task 1: Project Due Diligence and Viability Activities [$25,000)

• Assist with the evaluation of information provided by the Developer regardingproperty valuation and purchase price as well as potential review of a futurecommissioned appraisal by Developer (if any).

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• Assist City in requesting and reviewing project-based materials including marketinformation and reports, pro forma schedules, entitlement requests, siteconditions, and similar information.

• Ongoing review of project financial materials/information from Developer:

o Preliminary development pro forma review and financial feasibilityevaluation of up to two (2) project concepts from Developer.

o Preliminary review of Developer's evidence of financial capacity andavailability of project equity and debt financing as may be appropriate.

o With City Attorney, review of development project and financingpartnerships and structure.

o Initial review of due diligence reports and market data/studies provided byDeveloper (e.g., retail/restaurant, office, hotel, and residential) asnecessary.

• Kosmont, in coordination with the Client, will prepare a technical memo andpresent a brief PowerPoint summary presentation at one (1) meeting of the CityCouncil/SA Board that outlines key findings/observations/recommendations frompreliminary financial and market viability assessments as well as Developer'sproposal/concept for purposes of negotiations regarding the future sale anddisposition of the Property anticipated to occur after the Developer's due diligenceand submission of key deliverables.

Task 2: ENA/Disposition and Development Agreement [$25,000)

• In coordination with City/City Attorney, work with the Developer to ensure ongoingcompliance with ENA terms and timing of deliverables, receipt of deposits, timingand extensions, and schedule of performance.

• Assist and coordinate with the City/City Attorney regardingprocesses/requirements/deadlines per the Surplus Land Act as it pertains to thistransaction and Disposition and Development Agreement.

• Assist City/City Attorney with ongoing negotiation of business terms (e.g.,purchase price, deposit, Developer responsibilities (e.g., performance measures,remedies, etc.) as well as additional transaction documentation (e.g., DevelopmentAgreement) with Developer, as mutually agreed upon between KR and City/SA.

Note: Kosmont will be available to assist in further DOA or Transaction Documents negotiations and project advisory as directed by Client, time and budget for which will be outlined at the appropriate time in a follow-on scope to be approved by Client in advance.

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Task 3: Procedural Compliance Activities [$15,000)

• Provide analysis and submittals, in coordination with City/City Attorney, as neededto Oversight Board and DOF regarding property valuation (appraisal), siteconditions (soils and remediation) and other matters necessary to achieveapprovals including support from other affected Taxing agencies.

• Review City's RFP for environmental consultant (s) and assist City with preparationof agenda materials (e.g., Staff Report) as well as attend/participate in one (1) CityCouncil/SA meeting regarding review and consideration of approval of DDA orsimilar instrument.

• Assist City with preparation of agenda materials (e.g., Staff Report) and othercollateral information (as may be necessary) as well as attend/participate in one(1) Los Angeles County Consolidated Oversight Board meeting regarding reviewand consideration of approval of transaction.

• Kosmont anticipates two (2) additional in-person and/or virtual meetings with eitherCity/SA staff, developer, and/or with City Council/SA Board regarding discussionspertaining to work associated with this Task.

Task 4: Entitlements/CEQA [$10,000)

• Coordination with City Planning staff and City Attorney's office to assist withcomprehensive entitlement and CEQA approval process and sequencing as wellas advisory assistance with City's RFP process (as may be necessary) to retainenvironmental consultant(s).

• Assistance with review of Developer's parking memo/analysis and/or subsequentresearch/analysis to derive initial observations/conclusions, as may be deemedrelevant.

Ill. PROJECT TEAM

Consultant Team will be led by Mr. Julio Fuentes, Senior Managing Director with project support from Mr. Brian Moncrief, Senior Managing Director. Mr. Larry J. Kosmont, CRE, Chairman & CEO, will provide project advisory and strategic services as needed, in support of the Client and Project Team. Susan Perry will assist City staff and City Attorney with entitlement and CEQA review processes and sequencing.

Ill. SCHEDULE AND REQUIRED DATA

Consultant is prepared to commence work upon receipt of executed Agreement.

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IV. COMPENSATION



Compensation for Tasks 1-4 is estimated at an initial $75,000 for professional services (hourly) fees at KR's billing rates as shown on Attachment A. Depending on progress made on refinement of project concept/components and additional project/financial documentation provided by Developer requiring further review and evaluation, the aforementioned estimated initial budget may need to be further refined. Future increases in budget will require approval by Client in advance. Budget may be increased by Client at any time.

KR anticipates a single consolidated round of Client comments and revisions on draft work product before Kosmont provides a final version of work product. If necessary, additional rounds of comments and revisions can be accommodated on an hourly basis.

Other than the meetings specifically mentioned above, KR's attendance or participation at any publicly noticed (e.g., City Council, Planning Commission, Public Agency Board,

other) meeting requested by Client is in addition to compensation for Tasks 1-4 and will be billed at the professional services (hourly) fees as shown on Attachment A.

Services will be invoiced monthly at KR's standard billing rates, as shown on Attachment A. In addition to professional services (hourly) fees, invoices will include reimbursementfor out-of-pocket expenses such as travel and mileage (provided that there shall be noovernight travel without the Client's prior approval and that mileage shall be reimbursedat the current IRS mileage reimbursement rate), professional printing, conference calls,and delivery charges for messenger and overnight packages at actual cost. Unlessotherwise agreed to in advance, out-of-area travel, if any, requires advance funding offlights and hotel accommodations.

KR will also include in each invoice an administrative services fee to cover in-house copy, fax, telephone and postage costs equal to four percent (4.0%) of KR's monthly professional service fees incurred. Any unpaid invoices after 30 days shall accrue interest at the rate of 10% per annum.

For the convenience of Kosmont's clients, we offer a secure credit card payment service. The credit card payment link is: https://kosmont.paidyet.com and there are two ways to make a secure credit card payment:

1. Fill in the "Make a Paymenf' form when you go to the link(https://kosmont.paidyet.com ), or

2. Call Kosmont Companies' accounting desk (Ms. Charo Martinez; (424) 297-1072)to make a credit card payment

KR is prepared to commence work upon receipt of executed Agreement.

DISCLOSURE: Compensation for possible future transaction-based services or consulting services.

KOSMONT REAL TY 1601 N. Sepulveda Blvd. #382, Manhattan Beach, CA 90266 I ph 424.297.1079 I www.kosmontrealty.com

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The following is being provided solely as an advance disclosure of possible real estate consulting and finance services and potential compensation for such services. This disclosure is not intended to commit the Client.

When assignments involve public finance services on behalf of a public agency, such municipal advisory services are provided by Kosmont Transactions Services, Inc. ("KTS"). KTS is registered with the Securities and Exchange Commission (CIK# 0001769359) and the Municipal Securities Rulemaking Board as a Municipal Advisor (ID# K1256).

SEC registration does not constitute an endorsement of the firm by the Commission or state securities regulators.

When assignments involve advisory services provided by Kosmont & Associates, Inc., dba Kosmont Companies ("KC"), a separate proposal and hourly rate sheet will be provided.

V. OTHER PROVISIONS

A. Termination. Client or Consultant shall have the right to terminate this Agreementat any time upon written notification to the other party. Payment for fees accrued throughthe date of termination shall be remitted in full.

B. Arbitration. Any controversy or claim arising out of or in relation to this Agreement,or the making, performance, interpretation or breach thereof, shall be settled by arbitrationat JAMS in Los Angeles, California. Each of the parties to such arbitration proceedingshall be entitled to take up to five depositions with document requests. The provisionsof Section 1283.05 (except subdivision (e) thereof) of the California Code of CivilProcedure are incorporated by reference herein, except to the extent they conflict with thisAgreement, in which case this Agreement is controlling. If the matter is heard by only onearbitrator, such arbitrator shall be a member of the State Bar of California or a retiredjudge. If the matter is heard by an arbitration panel, at least one member of such panelshall be a member of the State Bar of California or a retired judge. The arbitrator orarbitrators shall decide all questions of law, and all mixed questions of law and fact, inaccordance with the substantive law of the State of California to the end that all rights anddefenses which either party may have asserted in a court of competent jurisdiction shallbe fully available to such party in the arbitration proceeding contemplated hereby. Thearbitrator and arbitrators shall set forth and deliver their findings of fact and conclusions oflaw with the delivery of the arbitration award. Judgment upon the award rendered shallbe final and non-appealable and may be entered in any court having jurisdiction.

C. Attorneys' Fees. In the event of any legal action, arbitration, or proceeding arisingout of an alleged breach of this Agreement, the party prevailing in such legal action,arbitration, or proceeding shall be entitled to recover reasonable attorneys' fees, expensesand costs, as well as all actual attorneys' fees, expenses and cost incurred in enforcingany judgment entered.

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D. Authority. Each of the parties executing this Agreement warrants that personsduly authorized to bind each such party to its terms execute this Agreement.

E. Further Actions. The parties agree to execute such additional documents andtake such further actions as may be necessary to carry out the provisions and intent ofthis Agreement.

F. Assignment. Neither this Agreement nor any of the rights or obligations hereundermay be assigned by either party without the prior written consent of the other party.

G. Successors and Assigns. This Agreement shall be binding upon and inure to thebenefit of the parties hereto and their respective successors and assigns.

H. Entire Agreement; Amendments and Waivers. This Agreement contains theentire agreement between the parties relating to the transactions contemplated herebyand any and all prior discussions, negotiations, commitments and understanding, whetherwritten or oral, related hereto are superseded hereby. No addition or modification of anyterm or provision of this Agreement shall be effective unless set forth in writing signed byboth parties. No waiver of any of the provisions of this Agreement shall be deemed toconstitute a waiver of any other provision hereof (whether or not similar), nor shall suchwaiver constitute a continuing waiver of such provisions unless otherwise expresslyprovided. Each party to this Agreement has participated in its drafting and, therefore,ambiguities in this Agreement will not be construed against any party to this Agreement.

I. Severability. If any term or provision of this Agreement shall be deemed invalidor unenforceable, the remainder of this Agreement shall not be affected thereby, and eachremaining term and provision of this Agreement shall be valid and in force to the fullestextent permitted by law.

J. Notices. All notices, requests, demands and other communications which maybe required under this Agreement shall be in writing and shall be deemed to have beenreceived when transmitted; if personally delivered, if transmitted by telecopier, electronicor digital transmission method, upon transmission; if sent by next day delivery to adomestic address by a recognized overnight delivery service (e.g., Federal Express), theday after it is sent; and if sent by certified or registered mail, return receipt requested, uponreceipt. In each case, notice shall be sent to the principal place of business of therespective party. Either party may change its address by giving written notice thereof tothe other in accordance with the provisions of this paragraph.

K. Titles and Captions. Titles and captions contained in this Agreement are insertedonly as a matter of convenience and for reference and in no way define, limit, extend ordescribe the scope of this Agreement or the intent of any provision herein.

L. Governing Law. The statutory, administrative and judicial law of the State ofCalifornia (without reference to choice of law provisions of California law) shall govern theexecution and performance of this Agreement.


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M. Confidentiality. Each of the parties agrees not to disclose this Agreement or anyinformation concerning this Agreement to any persons or entities, other than to theirattorneys and accountants, or as otherwise may be required by law.

N. Counterparts. This Agreement may be executed in one or more counterparts,each of which constitutes an original, and all of which together constitute one and thesame instrument. The signature of any person on a telecopy of this Agreement, or anynotice, action or consent taken pursuant to this Agreement shall have the same full forceand effect as such person's original signature.

0. Disclaimer. Consultant's financial analysis activities and work product, whichmay include but is not limited to pro forma analysis and tax projections, are projectionsonly. Actual results may differ materially from those expressed in the analysis performedby Consultant due to the integrity of data received, market conditions, economic eventsand conditions, and a variety of factors that could materially affect the data andconclusions. Client's reliance on Consultant's analysis must consider the foregoing.

Consultant services outlined and described herein are advisory services only. Any decisions or actions taken or not taken by Client and affiliates, are deemed to be based on Client's understanding and by execution of this Agreement, acknowledgement that Consultant's services are advisory only and as such, cannot be relied on as to the results, performance and conclusions of any investment or project that Client may or may not undertake as related to the services provided including any verbal or written communications by and between the Client and Consultant.

Client acknowledges that Consultant's use of work product is limited to the purposes contemplated within this Agreement. Consultant makes no representation of the work product's application to, or suitability for use in, circumstances not contemplated by the scope of work under this Agreement.

P. Limitation of Damages. In the event Consultant is found liable for any violationof duty, whether in tort or in contract, damages shall be limited to the amount Consultanthas received from Client.

Q. Force Majeure. Consultant shall not be liable for failure or delay in performanceof its obligations under this Agreement arising out of or caused, directly or indirectly, bysignificant circumstances beyond its reasonable control, including, withoutlimitation: epidemic; acts of God; earthquakes; fires; floods; wars; civil or militarydisturbances; acts of terrorism; sabotage; strikes; riots; wide-spread power failures andwide-spread internet failure. Contractual performance and deadline(s) shall be extendedfor a period equal to the time lost by reason of the delay.

R. Expiration of Proposal for Services. If this Agreement is not fully executed bythe parties within thirty (30) days from the date of this letter, this proposal shall expire.

S. Not an agreement for Legal Services or Legal Advice. This Agreement doesnot constitute an agreement for the performance of legal services or the provision of legal


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advice, or legal opinion. Client should seek independent legal counsel on matters for which Client is seeking legal advice.

[ signature page follows]

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March 11, 2021 Page 10 of 11

VI. ACCEPTANCE AND AUTHORIZATION

If this Agreement is acceptable to Client, please execute two copies of the Agreement andreturn both originals to Kosmont Companies. Upon receipt of both signed contracts, wewill return one fully executed original for your files. Kosmont will commence work uponreceipt of executed Agreement.

Read, understood, and agreed to this

__ Day of ______ 2021

City of San Dimas

By: _________ _ (Signature)

Name: ___________ _ (Print Name)

Its: ___________ _ (Title)

Kosmont Real Estate Services doing business as "Kosmont Realty" DRE License # 02058445

By:------------(Signature)

Name: Larry J. Kosmont, CRE®

DRE License# 01182660

Its: President

KOS MONT REAL TY 1601 N. Sepulveda Blvd. #382, Manhattan Beach, CA 90266 I ph 424.297.1079 I www.kosmontrealty.com

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March 11, 2021 Page 11 of 11

ATTACHMENT A

Kosmont Realty 2020 I 2021 Fee Schedule

Professional Services

Chairman & CEO / President

Senior Managing Director/Senior Advisor

Managing Director

Senior Director / Senior Project Analyst

Director / Project Analyst / Project Manager

Project Promotion/Graphics/GIS Mapping Services/Research

Clerical Support

• Additional ExpensesIn addition to professional services (labor) fees:

$375.00/hour

$305.00/hour

$210.00/hour

$195.00/hour

$165.00/hour

$ 95.00/hour

$ 70.00/hour

1) An administrative fee for in-house copy, fax, phone, postage costs,digital/technological support and related administrative expenses will be charged,which will be computed at four percent (4.0 %) of monthly Kosmont RealtyCorporation professional service fees incurred; plus

2) Out-of-pocket expenditures, such as travel and mileage, professional printing,and delivery charges for messenger and overnight packages will be charged atcost.

3) For Third Party Vendor(s) retained on behalf of Client (with Client's advanceapproval), fees and costs will be billed to Client at 1.1X (times) fees and costs.

4) Consultant's attendance or participation at any public meeting, whethersuch participation is in person, digital, video and/or telephonic (e.g., City Council,Planning Commission, Public Agency Board, other) requested by Client and arebeyond those specifically identified in the Scope of Work will be billed at theprofessional services (hourly) fees as shown on this Attachment A.

• Charges for Court/Deposition/Expert Witness-Related AppearancesCourt-related (non-preparation) activities, such as court appearances, depositions,mediation, arbitration, dispute resolution and other expert witness activities, will becharged at a court rate of 1.5 times scheduled rates, with a 4-hour minimum.

Rates shall remain in effect until December 31, 2021.


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Date:

Requested by: Ext.:

Dept/Div: Description:

EXPENDITURES

REVENUES

REASON/JUSTIFICATION

APPROVALS

Date:

Date:

Comment:

City Manager: Date:

Comment:

-$ -$ -$

Admin. Serv. Mgr.

Asst. City Manager: Funds Available?

For professional services work related to the PSQ project.

City Council Approval Date (if required): 3/23/2021

-$ -$

Account Number

Account Description

Current Budget

Proposed Amendment

Amended Budget

-$

-$ -$ -$

Michael O'Brien Amount: 75,000.00$

038.4120.020.004 Admin Cost Consultants 124,475.00$ 75,000.00$ 199,475.00$

Administrative Services Kosmont Realtor Consulting Fees

Account Number

Account Description

Current Budget

Proposed Amendment

Amended Budget

CITY OF SAN DIMASBUDGET AMENDMENT

BA # __________________Posted to G/L by: __________________

Date: __________________

3/23/2021 Fiscal Year: 2020-21

Approval Not Required

Approved Denied

NoYes

Attachment B Page 1




Prepared by: Fabiola Zelaya Melicher, Planning Manager

Subject: Annual Progress Report to the State of California Department of Housing and Community Development (HCD) on the 2014-2021 Housing Element

________________________________________________________________________

BACKGROUND

The Housing Element identifies key housing goals, policies, quantified objectives and scheduled implementation programs aimed at preserving and enhancing residential neighborhoods, sustaining the community’s character and environmental resources, and efficiently planning for the future use of remaining undeveloped or redeveloped properties so that they fulfill the City’s fair share of the regional housing need.

DISCUSSION ANALYSIS

In April of each year the City is required to file with HCD an Annual Progress Report (APR) on progress with the adopted 2014-2021 Housing Element per Government Code Section 65400. By providing the annual report to HCD, the City qualifies for State housing, community development, and transportation funding, and ability to apply for

SUMMARY

All cities are required to file an Annual Progress Report on their current Housing Element by April 1st. The report documents the progress made by the City in implementing policies adopted as part of the 2014-2021 Housing Element, housing projects entitled and building permits issued for new residential construction in calendar year 2020.

Staff recommends that the City Council accept the Housing Element Annual Progress Report for Calendar year 2020 and to direct staff to send the Progress Report to the State Department of Housing and Community Development (HCD).

Item 3F Page 1

2020 Housing Element Annual Progress Report Page 2 For the meeting of March 23, 2021 grants. The 2020 Housing Element Annual Progress Report (Attachment 1) report includes information on the jurisdiction progress in addressing the Regional Housing Needs Allocation (RHNA), including the number of housing units permitted by income level, the status of programs in the housing element and efforts to remove governmental constraints. The Annual Progress Report is divided into nine Tables (A, A2, B, C, D, E, F, G and H). For reference “reporting year” for this APR is January 1, 2020 through December 31, 2020. Staff has noted which Tables are not applicable to San Dimas.

• Table A – Includes date on housing units and development for which an application was submitted and “deemed complete” during this reported year. In Table A, the “application” is either an application for discretionary entitlement, or where only a ministerial process is required (e.g., zoned by right) for application of a building permit.

In the 2020 reporting year, the City received a total of 20 complete applications for housing units or housing development including 18 accessory dwelling units and 2 single-family detached dwellings.

• Table A2 – Includes information for a project’s affordability component and includes the net new housing units and developments that have received (a) an entitlement; (b) a building permit; or (c) a certificate of occupancy. However, only building permits are used for the purpose of determining progress towards the City’s RHNA.

In the reporting year, 20 dwelling units were issued entitlements (2 single-family dwelling units and 18 accessory dwelling units), 28 building permits were issued for construction (19 single-family units and 9 accessory dwelling units), and 15 units received a certificate of occupancy (14 single-family dwelling units and 1 accessory dwelling units).

• Table B – Provides a summary of prior permitting activity (permits issued) in the current Cycle including activity for the current reporting year. The table reports the number of units for which permits were issued to demonstrate progress in meeting the City’s share of regional housing need for the planning period.

Table B shows that the City has permitted 79 units thus far during the planning period (2014-2021), while the City has a total of 384 remaining RHNA units by income level.

• Table C (not applicable) – Includes sites identified or rezoned to accommodate shortfall housing need. This table only applies if the City identifies an unaccommodated need of sites from the previous planning period, has a shortfall as identified in the housing element, or is identifying additional sites required by no net loss law Government Code Section 65863. The City did not have any such information to report for 2020.

Item 3F Page 2

2020 Housing Element Annual Progress Report Page 3 For the meeting of March 23, 2021

• Table D – Reports the status and progress of housing element program and policy implementation for all programs described in the housing element.

• Table E (not applicable) – This table only applies if the City approved any commercial development bonuses during the reporting year per Government Code Section 65915.7. To qualify, an applicant for a commercial development enters into an agreement for partnered housing to contribute affordable housing through a joint or two separate projects encompassing affordable housing and the commercial developer receives a development bonus.

During the reporting year of 2020, the City did not receive any such applications.

• Table F (not applicable) – This table identifies units that have been substantially rehabilitated, converted from market-rate to affordable by acquisition, and preserved units consistent with the standards set forth in government Code Section 65583.1(c)(2). In order to count units reported in this table as progress towards RHNA, the City would need to provide HCD with information to demonstrate that the units meet the standards as prescribed by State law. If HCD agrees that the units meet the standards set forth in Government Code Section 65583.1(c)(1), these units may credit up to 25 percent of the City’s adequate site requirement per income category.

• Table G (not applicable) – This table reports locally owned lands included in the

Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to Government Code Section 65400.1.

• Table H (not applicable) - This table reports a list of cities inventory of surplus lands as defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the Unites States Census Bureau, within jurisdictions.

Brief highlights include: 1. 28 building permits issued (1 very low-income, 3 low-income, 7 moderate income

and 17 above moderate income). No deed restricted units were constructed. 2. At Risk Housing – Sunnyside Apartments convents will expire in December 2021. 3. A total of 9 building permits were issued for Accessory Dwelling Units. 4. Single Family Rehab – In Year 2020, 20 single-family households were assisted

through CDBG Program (6 Extremely Low, 7 Low, and 7 Moderate). 5. Energy Conservation Through Green Building - Building codes updated; 366

homes were approved through the HERO Program. 6. Mobile Home Park Preservation – The City currently provides rental assistance to

20 residents of Charter Oaks Mobile Home Park. The City funds a rehabilitation grant program ($80,000) to all mobile home parks. In 2020, 19 units were assisted (4 Extremely Low, 12 Low, and 2 Moderate).

Item 3F Page 3

2020 Housing Element Annual Progress Report Page 4 For the meeting of March 23, 2021

7. A total of 44 households were assisted with emergency rental assistance in 2020 through the CDBG CARES Act Emergency Rental Assistance.

8. The City was awarded a total of $150,000 through the Local Early Action Planning (LEAP) Grant. The City will be releasing a Request for Proposals for the Downtown Specific Plan. As of today, no funds have been used towards the project.

Staff will continue to implement existing affordable housing programs identified in the housing element while exploring new tools, funding mechanisms, and partnerships to support the City’s commitments towards facilitating the provision of affordable housing in order to achieve the City’s RHNA goals. Staff will continue to work with property owners on the development standards required to construct ADU’s and JADU’s on their properties. CEQA REVIEW Review and submittal of the Housing Element Annual Progress Report is not a project pursuant to Section 15378 of the of the California Environmental Quality Act (CEQA). RECOMMENDATION Staff recommends that the City Council accept the 2020 Housing Element Annual Progress Report and direct Staff to file the report with HCD. Respectfully submitted,

Fabiola Zelaya Melicher Planning Manager Attachments: 2020 Housing Element Annual Progress Report

Item 3F Page 4

Jurisdiction San Dimas ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional fieldReporting Year 2020 (Jan. 1 - Dec. 31) Housing Element Implementation

Date Application Submitted

Total Approved Units by Project

Total Disapproved

Units by Project

Streamlining Notes

2 3 4 6 7 8 9 10

Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+

Unit Category(SFA,SFD,2 to 4,5+,ADU,MH)

Tenure

R=RenterO=Owner

Date Application Submitted

(see instructions)

Very Low-Income Deed

Restricted

Very Low-Income Non

Deed Restricted

Low-Income Deed

Restricted

Low-Income Non Deed Restricted

Moderate-Income Deed

Restricted

Moderate- Income

Non Deed Restricted

AboveModerate-

Income

Total PROPOSED Units by Project

Total APPROVED

Units by project

Total DISAPPROVED Units by Project

Was APPLICATION SUBMITTED

Pursuant to GC 65913.4(b)?

(SB 35 Streamlining)

Notes+

Summary Row: Start Data Entry Below 0 4 0 8 0 1 7 20 20 0 08382-011-019 502 De Anza Heights BD2026708 SFD O 3/24/2020 1 1 1 0 No8385-003-026 1264 Cienega Avenue BD2026795 ADU O 5/4/2020 1 1 1 0 No8387-015-038 130 W Third Street BD2027099 ADU R 8/20/2020 1 1 1 0 No8392-030-085 136 W Allen Avenue BD2026838 ADU O 5/22/2020 1 1 1 0 No8395-036-040 1434 Avenida Entrada BD2026841 ADU O 5/22/2020 1 1 1 0 No8387-008-032 216 W Fifth Street BD2027157 ADU O 9/11/2020 1 1 1 0 No8661-009-027 220 W Baseline Road BD2026752 ADU O 4/20/2020 1 1 1 0 No8661-014-002 225 E Baseline Road BD2027353 ADU O 11/9/2020 1 1 1 0 No8387-013-031 240 E Third Street BD2027051 ADU O 8/13/2020 1 1 1 0 No8392-016-044 337 W Allen Avenue BD2027363 ADU O 11/12/2020 1 1 1 0 No8383-017-068 340 S Valley Center Avenue BD2027367 ADU O 11/12/2020 1 1 1 0 No8386-013-054 345 W Third Street BD2027230 SFD O 10/1/2020 1 1 1 0 No8392-015-049 422 Cody Lane BD2027393 ADU O 11/18/2020 1 1 1 0 No8386-009-030 538 W Third Street BD2027362 ADU O 11/12/2020 1 1 1 0 No8390-003-022 556 Bellgrove Street BD2027417 ADU R 12/1/2020 1 1 1 0 No8386-003-020 615 Pearlanna Drive BD2027098 ADU O 8/20/2020 1 1 1 0 No8392-018-008 804 Amelia Avenue BD2026843 ADU O 5/22/2020 1 1 1 0 No8395-035-072 808 Calle Carrillo BD2026950 ADU O 7/15/2020 1 1 1 0 No8383-016-021 1468 Goldrush Drive BD2026601 ADU O 2/2/2020 1 1 1 0 No8665-026-059 2022 Terrebonne Avenue BD2026614 ADU O 2/12/2020 1 1 1 0 No

00000

Housing Development Applications SubmittedTable A

Cells in grey contain auto-calculation formulas(CCR Title 25 §6202)

51

Project Identifier Unit Types Proposed Units - Affordability by Household Incomes

HCD Attachment Page 1

Jurisdiction San Dimas ANNUAL ELEMENT PROGRESS REPORTReporting Year 2020 (Jan. 1 - Dec. 31) Housing Element Implementation

Table A2Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units

2 3 5 6


Unit Category (SFA,SFD,2 to 4,5+,ADU,MH)

Tenure

R=RenterO=Owner

Very Low- Income Deed

Restricted

Very Low- Income Non

Deed Restricted

Low- Income Deed

Restricted

Low- Income Non Deed Restricted

Moderate- Income Deed

Restricted

Moderate- Income Non

Deed Restricted

AboveModerate-

Income

EntitlementDate Approved # of Units issued

Entitlements

Summary Row: Start Data Entry Below 0 4 0 8 0 1 7 208382-011-019 502 De Anza Heights BD2026708 SFD O 1 3/24/2020 18385-003-026 1264 Cienega Avenue BD2026795 ADU O 1 5/4/2020 18387-015-038 130 W Third Street BD2027099 ADU R 1 8/20/2020 18392-030-085 136 W Allen Avenue BD2026838 ADU O 1 5/22/2020 18395-036-040 1434 Avenida Entrada BD2026841 ADU O 1 5/22/2020 18387-008-032 216 W Fifth Street BD2027157 ADU O 1 9/11/2020 18661-009-027 220 W Baseline Road BD2026752 ADU O 1 4/20/2020 18661-014-002 225 E Baseline Road BD2027353 ADU O 1 11/9/2020 18387-013-031 240 E Third Street BD2027051 ADU O 1 8/13/2020 18392-016-044 337 W Allen Avenue BD2027363 ADU O 1 11/12/2020 18383-017-068 340 S Valley Center Avenue BD2027367 ADU O 1 11/12/2020 18386-013-054 345 W Third Street BD2027230 SFD O 1 10/1/2020 18392-015-049 422 Cody Lane BD2027393 ADU O 1 11/18/2020 18386-009-030 538 W Third Street BD2027362 ADU O 1 11/12/2020 18390-003-022 556 Bellgrove Street BD2027417 ADU R 1 12/1/2020 18386-003-020 615 Pearlanna Drive BD2027098 ADU O 1 8/20/2020 18392-018-008 804 Amelia Avenue BD2026843 ADU O 1 5/22/2020 18395-035-072 808 Calle Carrillo BD2026950 ADU O 1 7/15/2020 18383-016-021 1468 Goldrush Drive BD2026601 ADU O 1 2/2/2020 18665-026-059 2022 Terrebonne Avenue BD2026614 ADU O 1 2/12/2020 18392-030-062 119 Quarter Horse Lane BD2026538 SFD O 08392-030-066 122 Quarter Horse Lane BD2027116 SFD O 08392-030-065 126 Quarter Horse Lane BD2026615 SFD O 08392-030-064 131 Quarter Horse Lane BD2026616 SFD O 08665-038-039 1526 Country Point Lane BD2026883 SFD O 08665-038-040 1628 Brasada Lane BD2026881 SFD O 08390-021-078 217 W Commercial Street BD1825112 SFD O 08390-021-078 221 W Commercial Street BD1825115 SFD O 08390-021-079 225 W Commercial Street BD1825116 SFD O 08390-021-080 229 W Commercial Street BD1825117 SFD O 08390-021-081 233 W Commercial Street BD1825118 SFD O 08390-009-032 301 Dakota Court BD1925738 ADU O 08392-030-057 815 Bridle Court BD1824591 SFD O 08392-030-056 819 Bridle Circle BD2027187 SFD O 08392-030-055 823 Bridle Court BD2027189 SFD O 08385-008-030 1323 W Covina Boulevard BD1926452 ADU O 08392-030-058 107 Quarter Horse Lane BD2026618 SFD O 08392-030-095 111 Quarter Horse Lane BD2026617 SFD O 08392-030-069 114 Quarter Horse Lane BD2026868 SFD O 08392-030-067 118 Quarter Horse Lane BD2027115 SFD O 0

1 4

(CCR Title 25 §6202)

Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement




2 3 5 6



Tenure

R=RenterO=Owner


Restricted


Deed Restricted

Low- Income Deed

Restricted



Restricted


Deed Restricted

AboveModerate-

Income

EntitlementDate Approved # of Units issued

Entitlements

1 4


Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement

8392-014-037 115 Quarter Horse Lane BD1824592 SFD O 08392-014-037 127 Quarter Horse Lane BD1926440 SFD O 08392-015-51 419 Cody Lane BD1724331 SFD O 08392-015-052 427 Cody Lane BD1724332 SFD O 08392-030-077 768 Bridle Court BD1925716 SFD O 08392-030-075 769 Bridle Court BD1824596 SFD O 08392-030-071 781 Bridle Court BD1925723 SFD O 08392-030-082 784 Bridle Court BD1925725 SFD O 08392-030-083 788 Bridle Court BD1925727 SFD O 0




2 3 8 9



Tenure

R=RenterO=Owner


Restricted


Deed Restricted

Low- Income Deed

Restricted



Restricted


Deed Restricted

AboveModerate-

Income

Building Permits Date Issued

# of Units Issued Building Permits

Summary Row: Start Data Entry Below 0 1 0 3 0 7 17 288382-011-019 502 De Anza Heights BD2026708 SFD O 08385-003-026 1264 Cienega Avenue BD2026795 ADU O 1 7/17/2020 18387-015-038 130 W Third Street BD2027099 ADU R 08392-030-085 136 W Allen Avenue BD2026838 ADU O 08395-036-040 1434 Avenida Entrada BD2026841 ADU O 1 6/23/2020 18387-008-032 216 W Fifth Street BD2027157 ADU O 08661-009-027 220 W Baseline Road BD2026752 ADU O 1 9/25/2020 18661-014-002 225 E Baseline Road BD2027353 ADU O 08387-013-031 240 E Third Street BD2027051 ADU O 1 12/15/2020 18392-016-044 337 W Allen Avenue BD2027363 ADU O 08383-017-068 340 S Valley Center Avenue BD2027367 ADU O 08386-013-054 345 W Third Street BD2027230 SFD O 1 10/2/2020 18392-015-049 422 Cody Lane BD2027393 ADU O 08386-009-030 538 W Third Street BD2027362 ADU O 08390-003-022 556 Bellgrove Street BD2027417 ADU R 08386-003-020 615 Pearlanna Drive BD2027098 ADU O 1 11/12/2020 18392-018-008 804 Amelia Avenue BD2026843 ADU O 1 9/14/2020 18395-035-072 808 Calle Carrillo BD2026950 ADU O 08383-016-021 1468 Goldrush Drive BD2026601 ADU O 1 2/6/2020 18665-026-059 2022 Terrebonne Avenue BD2026614 ADU O 08392-030-062 119 Quarter Horse Lane BD2026538 SFD O 1 1/22/2020 18392-030-066 122 Quarter Horse Lane BD2027116 SFD O 1 9/11/2020 18392-030-065 126 Quarter Horse Lane BD2026615 SFD O 1 4/6/2020 18392-030-064 131 Quarter Horse Lane BD2026616 SFD O 1 8/10/2020 18665-038-039 1526 Country Point Lane BD2026883 SFD O 1 10/9/2020 18665-038-040 1628 Brasada Lane BD2026881 SFD O 1 10/9/2020 18390-021-078 217 W Commercial Street BD1825112 SFD O 1 1/28/2020 18390-021-078 221 W Commercial Street BD1825115 SFD O 1 1/28/2020 18390-021-079 225 W Commercial Street BD1825116 SFD O 1 1/28/2020 18390-021-080 229 W Commercial Street BD1825117 SFD O 1 1/28/2020 18390-021-081 233 W Commercial Street BD1825118 SFD O 1 1/28/2020 18390-009-032 301 Dakota Court BD1925738 ADU O 1 2/10/2020 18392-030-057 815 Bridle Court BD1824591 SFD O 1 3/31/2020 18392-030-056 819 Bridle Circle BD2027187 SFD O 1 10/14/2020 18392-030-055 823 Bridle Court BD2027189 SFD O 1 10/14/2020 18385-008-030 1323 W Covina Boulevard BD1926452 ADU O 1 2/26/2020 18392-030-058 107 Quarter Horse Lane BD2026618 SFD O 1 9/15/2020 18392-030-095 111 Quarter Horse Lane BD2026617 SFD O 1 9/15/2020 18392-030-069 114 Quarter Horse Lane BD2026868 SFD O 1 6/10/2020 1

1 7


Project Identifier Unit Types Affordability by Household Incomes - Building Permits




2 3 8 9



Tenure

R=RenterO=Owner


Restricted


Deed Restricted

Low- Income Deed

Restricted



Restricted


Deed Restricted

AboveModerate-

Income

Building Permits Date Issued

# of Units Issued Building Permits

1 7


Project Identifier Unit Types Affordability by Household Incomes - Building Permits

8392-030-067 118 Quarter Horse Lane BD2027115 SFD O 1 9/11/2020 18392-014-037 115 Quarter Horse Lane BD1824592 SFD O 08392-014-037 127 Quarter Horse Lane BD1926440 SFD O 08392-015-51 419 Cody Lane BD1724331 SFD O 08392-015-052 427 Cody Lane BD1724332 SFD O 08392-030-077 768 Bridle Court BD1925716 SFD O 08392-030-075 769 Bridle Court BD1824596 SFD O 08392-030-071 781 Bridle Court BD1925723 SFD O 08392-030-082 784 Bridle Court BD1925725 SFD O 08392-030-083 788 Bridle Court BD1925727 SFD O 0

0




2 3 11 12



Tenure

R=RenterO=Owner


Restricted


Deed Restricted

Low- Income Deed

Restricted



Restricted


Deed Restricted

AboveModerate-

Income

Certificates of Occupancy or other forms of

readiness (see instructions)

Date Issued

# of Units issued Certificates of Occupancy or other forms of

readiness

Summary Row: Start Data Entry Below 0 0 0 0 0 0 15 158382-011-019 502 De Anza Heights BD2026708 SFD O 08385-003-026 1264 Cienega Avenue BD2026795 ADU O 08387-015-038 130 W Third Street BD2027099 ADU R 08392-030-085 136 W Allen Avenue BD2026838 ADU O 08395-036-040 1434 Avenida Entrada BD2026841 ADU O 1 7/7/2020 18387-008-032 216 W Fifth Street BD2027157 ADU O 08661-009-027 220 W Baseline Road BD2026752 ADU O 08661-014-002 225 E Baseline Road BD2027353 ADU O 08387-013-031 240 E Third Street BD2027051 ADU O 08392-016-044 337 W Allen Avenue BD2027363 ADU O 08383-017-068 340 S Valley Center Avenue BD2027367 ADU O 08386-013-054 345 W Third Street BD2027230 SFD O 08392-015-049 422 Cody Lane BD2027393 ADU O 08386-009-030 538 W Third Street BD2027362 ADU O 08390-003-022 556 Bellgrove Street BD2027417 ADU R 08386-003-020 615 Pearlanna Drive BD2027098 ADU O 08392-018-008 804 Amelia Avenue BD2026843 ADU O 08395-035-072 808 Calle Carrillo BD2026950 ADU O 08383-016-021 1468 Goldrush Drive BD2026601 ADU O 08665-026-059 2022 Terrebonne Avenue BD2026614 ADU O 08392-030-062 119 Quarter Horse Lane BD2026538 SFD O 1 6/16/2020 18392-030-066 122 Quarter Horse Lane BD2027116 SFD O 08392-030-065 126 Quarter Horse Lane BD2026615 SFD O 1 7/23/2020 18392-030-064 131 Quarter Horse Lane BD2026616 SFD O 1 12/1/2020 18665-038-039 1526 Country Point Lane BD2026883 SFD O 08665-038-040 1628 Brasada Lane BD2026881 SFD O 08390-021-078 217 W Commercial Street BD1825112 SFD O 08390-021-078 221 W Commercial Street BD1825115 SFD O 08390-021-079 225 W Commercial Street BD1825116 SFD O 08390-021-080 229 W Commercial Street BD1825117 SFD O 08390-021-081 233 W Commercial Street BD1825118 SFD O 08390-009-032 301 Dakota Court BD1925738 ADU O 08392-030-057 815 Bridle Court BD1824591 SFD O 1 7/23/2020 18392-030-056 819 Bridle Circle BD2027187 SFD O 08392-030-055 823 Bridle Court BD2027189 SFD O 08385-008-030 1323 W Covina Boulevard BD1926452 ADU O 08392-030-058 107 Quarter Horse Lane BD2026618 SFD O 08392-030-095 111 Quarter Horse Lane BD2026617 SFD O 08392-030-069 114 Quarter Horse Lane BD2026868 SFD O 1 9/30/2020 1

1 10


Project Identifier Unit Types Affordability by Household Incomes - Certificates of Occupancy




2 3 11 12



Tenure

R=RenterO=Owner


Restricted


Deed Restricted

Low- Income Deed

Restricted



Restricted


Deed Restricted

AboveModerate-

Income

Certificates of Occupancy or other forms of

readiness (see instructions)

Date Issued

# of Units issued Certificates of Occupancy or other forms of

readiness

1 10


Project Identifier Unit Types Affordability by Household Incomes - Certificates of Occupancy

8392-030-067 118 Quarter Horse Lane BD2027115 SFD O 08392-014-037 115 Quarter Horse Lane BD1824592 SFD O 1 9/30/2020 18392-014-037 127 Quarter Horse Lane BD1926440 SFD O 1 9/14/2020 18392-015-51 419 Cody Lane BD1724331 SFD O 1 10/22/2020 18392-015-052 427 Cody Lane BD1724332 SFD O 1 10/2/2020 18392-030-077 768 Bridle Court BD1925716 SFD O 1 2/24/2020 18392-030-075 769 Bridle Court BD1824596 SFD O 1 4/29/2020 18392-030-071 781 Bridle Court BD1925723 SFD O 1 2/24/2020 18392-030-082 784 Bridle Court BD1925725 SFD O 1 7/23/2020 18392-030-083 788 Bridle Court BD1925727 SFD O 1 10/27/2020 1




Streamlining InfillHousing without Financial

Assistance or Deed Restrictions

Term of Affordability or

Deed Restriction2 3 13 14 15 16 17 18 19 20



Tenure

R=RenterO=Owner

How many of the units were Extremely Low

Income?+

Was Project APPROVED using GC 65913.4(b)? (SB 35 Streamlining)

Y/N

Infill Units?Y/N+

Assistance Programs for Each Development

(see instructions)

Deed Restriction Type

(see instructions)

For units affordable without financial assistance or deed restrictions, explain how the locality determined the units

were affordable(see instructions)

Term of Affordability or Deed Restriction (years) (if affordable in perpetuity enter

1000)+

Number of Demolished/Destr

oyed Units+

Demolished or Destroyed Units+

Summary Row: Start Data Entry Below 0 0 1 08382-011-019 502 De Anza Heights BD2026708 SFD O 0 N Y8385-003-026 1264 Cienega Avenue BD2026795 ADU O 0 N N8387-015-038 130 W Third Street BD2027099 ADU R 0 N Y SCAG Assumptions

8392-030-085 136 W Allen Avenue BD2026838 ADU O 0 N Y SCAG Assumptions

8395-036-040 1434 Avenida Entrada BD2026841 ADU O 0 N Y8387-008-032 216 W Fifth Street BD2027157 ADU O 0 N Y SCAG Assumptions

8661-009-027 220 W Baseline Road BD2026752 ADU O 0 N Y8661-014-002 225 E Baseline Road BD2027353 ADU O 0 N Y SCAG Assumptions

8387-013-031 240 E Third Street BD2027051 ADU O 0 N Y SCAG Assumptions

8392-016-044 337 W Allen Avenue BD2027363 ADU O 0 N Y SCAG Assumptions

8383-017-068 340 S Valley Center Avenue BD2027367 ADU O 0 N Y SCAG Assumptions

8386-013-054 345 W Third Street BD2027230 SFD O 0 N Y SCAG Assumptions 1 Demolished

8392-015-049 422 Cody Lane BD2027393 ADU O 0 N Y8386-009-030 538 W Third Street BD2027362 ADU O 0 N Y SCAG Assumptions

8390-003-022 556 Bellgrove Street BD2027417 ADU R 0 N Y SCAG Assumptions

8386-003-020 615 Pearlanna Drive BD2027098 ADU O 0 N Y SCAG Assumptions

8392-018-008 804 Amelia Avenue BD2026843 ADU O 0 N Y SCAG Assumptions

8395-035-072 808 Calle Carrillo BD2026950 ADU O 0 N N8383-016-021 1468 Goldrush Drive BD2026601 ADU O 0 N N SCAG Assumptions

8665-026-059 2022 Terrebonne Avenue BD2026614 ADU O 0 N N8392-030-062 119 Quarter Horse Lane BD2026538 SFD O 0 N N8392-030-066 122 Quarter Horse Lane BD2027116 SFD O 0 N N8392-030-065 126 Quarter Horse Lane BD2026615 SFD O 0 N N8392-030-064 131 Quarter Horse Lane BD2026616 SFD O 0 N N8665-038-039 1526 Country Point Lane BD2026883 SFD O 0 N N8665-038-040 1628 Brasada Lane BD2026881 SFD O 0 N N

8390-021-078 217 W Commercial Street BD1825112 SFD O 0 N Y SCAG Assumptions





8390-009-032 301 Dakota Court BD1925738 ADU O 0 N Y8392-030-057 815 Bridle Court BD1824591 SFD O 0 N N8392-030-056 819 Bridle Circle BD2027187 SFD O 0 N N

1


Project Identifier Unit Types Housing with Financial Assistance and/or Deed Restrictions Demolished/Destroyed Units




Streamlining InfillHousing without Financial

Assistance or Deed Restrictions

Term of Affordability or

Deed Restriction2 3 13 14 15 16 17 18 19 20



Tenure

R=RenterO=Owner

How many of the units were Extremely Low

Income?+

Was Project APPROVED using GC 65913.4(b)? (SB 35 Streamlining)

Y/N

Infill Units?Y/N+

Assistance Programs for Each Development

(see instructions)

Deed Restriction Type

(see instructions)

For units affordable without financial assistance or deed restrictions, explain how the locality determined the units

were affordable(see instructions)

Term of Affordability or Deed Restriction (years) (if affordable in perpetuity enter

1000)+

Number of Demolished/Destr

oyed Units+

Demolished or Destroyed Units+

1


Project Identifier Unit Types Housing with Financial Assistance and/or Deed Restrictions Demolished/Destroyed Units

8392-030-055 823 Bridle Court BD2027189 SFD O 0 N N

8385-008-030 1323 W Covina Boulevard BD1926452 ADU O 0 N Y SCAG Assumptions

8392-030-058 107 Quarter Horse Lane BD2026618 SFD O 0 N N8392-030-095 111 Quarter Horse Lane BD2026617 SFD O 0 N N8392-030-069 114 Quarter Horse Lane BD2026868 SFD O 0 N N8392-030-067 118 Quarter Horse Lane BD2027115 SFD O 0 N N8392-014-037 115 Quarter Horse Lane BD1824592 SFD O 0 N N8392-014-037 127 Quarter Horse Lane BD1926440 SFD O 0 N N8392-015-51 419 Cody Lane BD1724331 SFD O 0 N N8392-015-052 427 Cody Lane BD1724332 SFD O 0 N N8392-030-077 768 Bridle Court BD1925716 SFD O 0 N N8392-030-075 769 Bridle Court BD1824596 SFD O 0 N N8392-030-071 781 Bridle Court BD1925723 SFD O 0 N N8392-030-082 784 Bridle Court BD1925725 SFD O 0 N N8392-030-083 788 Bridle Court BD1925727 SFD O 0 N N




1 3 4

RHNA Allocation by Income Level 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Units to

Date (all years)Total Remaining RHNA by Income

Level

Deed RestrictedNon-Deed Restricted 1Deed RestrictedNon-Deed Restricted 3Deed RestrictedNon-Deed Restricted 1 7

Above Moderate 193 3 7 18 7 1 15 17 68 125

4633 7 18 7 2 15 28 80 383

Note: units serving extremely low-income households are included in the very low-income permitted units totalsCells in grey contain auto-calculation formulas

69

1

This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.

8Moderate

121

72

77

Please contact HCD if your data is different than the material supplied here

3

2

Table BRegional Housing Needs Allocation Progress

Permitted Units Issued by Affordability

120

69

Total RHNATotal Units

Income Level

Very Low

Low


Jurisdiction San DimasReporting Year 2020 (Jan. 1 - Dec. 31)

1 2 3 4Name of Program Objective Timeframe in H.E Status of Program Implementation

Neighborhood Beautification

Re-establish the Neighborhood Beautification Program using CDBG funds within targeted neighborhoods, and coordinate the program with Code Enforcement and Housing rehabilitation.

2021-29 The reduction in available CDBG funds and housing staffing has prevented establishing the program. The City continues to monitor other funding options.

Affordable Housing Density Bonus

Maintain a local density bonus ordinance consistent with State requirements and advertise through dissemination of the Affordable Housing Brochure at the public counter and on the City's website.

2021-29 Ongoing. Local ordinance updated in 2013. Evaluating need to update based upon recent state legislative actions. No requests for density bonuses received in 2020.

Fair Housing Continue to promote fair housing practices referring residents to agencies for fair housing services

2021-29 Ongoing

Senior Housing Opportunities

Continue to actively pursue opportunities to provide a range of housing options to address the diverse needs of the growing number of senior citizens.

2021-29

Ongoing

Mobile Home Park Preservation And Affordability

Retain affordability at the Charter Oaks Mobile Home Park; continue the new space rental credit program at the Charter Oaks, assisting at least 10 lower income residents anually; and evaluate the effectiveness of the program annually. Renew the Mobile Home Accord to maintain rent stability. Continue to implement the conversion ordinance.

2021-29

Mobile Home Accord had been extended to Jan. 1, 2021. We are currently in negotiation with the property owners and residents on the provisions allowed to be passed through to the residents at each park. Our goal is to have an active Accord moving forward for 5 years.

City currently provides rental assistance to 20 residents of Charter Oaks Mobile Home Park.

City funds a rehabilitation grant program ($80,000) to all mobile home parks. In 2020 the following assistance was provided:

Extremely Low: 4Low: 12Moderate: 3

Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

ANNUAL ELEMENT PROGRESS REPORTHousing Element Implementation


Table DProgram Implementation Status pursuant to GC Section 65583








Energy Conservation Through Green Building

Provide outreach and education to developers, residents, and architects on the new CALGREEN Code and ways to incorporate sustainability in project design and in existing structures. Advertise availability of the HERO program to residents.

2021-29

Ongoing. HERO Program has been active for solar and other energy conservation improvments. HERO program has been rebranded to Renovate America. Out of 503 applicants submitted to the HERO Program, 366 applicants were approved. There were 193 approved in 2019.

Affordable Housing Development Assistance

Provide regulatory incentives and available financial assistance for the developers of affordable and mixed income housing. Provide information on incentives during individual dealings with property owners through creation and dissemination of an affordable housing brochure.

2021-29 Ongoing. No affordable developers have expressed interest or made inquiries in 2020.

CEQA Exemption for Infill Projects

Continue to utilize Categorical Exemptions under CEQA on a case by case basis as appropriate based on the facts and circumstances of individual residential and mixed use infill development projects.

2021-29 Ongoing. No eligible projects submitted in 2020.

Section 8 Rental Assistance

Continue to refer participates in the Section 8 program administered by HACoLA and advertise to income to eligible residents; encourage landlords to register units with the Housing Authority and undergo education in the Section 8 Program.

2021-29

City offers referrals to the County Section 8 Program but does not track referrals.

Residential and Mixed Uses Sites Inventory

Maintain a current inventory of vacant residential sites and potential mixed use infill sites and provide to interested developers in conjunction with information on available incentives.

2021-29 Inventory is maintained and updated as necessary.








Second Units

Review and refine the City's second unit ordinance to facilitate housing opportunities for seniors, person's with disibilities, caregivers, and other lower and extremely low income households, educate residents on the availability of second units.

2021-29

The City adopted Ordinance 1276 amending the City's Municipal Code Chapter 18.38 related to Accessory Dwelling Units and Junior Accessory Dwelling units to ensure compliance with State law, specifically Assembly Bill 68, Assembly Bill 881 and Sentate Bill 13.

Housing Opportunities for Persons Living with Disabilities

Continue to support a variety of housing types to help address the diverse needs of persons with disabilities, and work with the SGPRC to publicize information on available resources for housing and services. Evaluate the use of State and Federal funds for supportive housing projects. Discuss with affordable housing providers their ability to provide for persons living with disabilities in housing projects.

2021-29 Ongoing.

Housing Code Enforcement and Abatement

Conduct inspections on potentially substandard residences to provide minimum requirements for protection of health, safety, and welfare of general public as part of city's ongoing program. Inform violators of available rehabilitation assistance to correct code deficiencies.

2021-29Through its code enforcement program the city identifies substandard housing conditions and works with property owners to identify deficiencies and provide information on possible assistance for eligible homeowners.

Single Family Rehabilitation

Assist at least 10 lower income households with grants on an annual basis, with a projected income mix of extremely low, low income and moderate households.

2021-29

In 2020, 20 single family households were assisted:

Extremely Low: 6Low: 7 Moderate: 7








Downtown Specific Plan

Pursue funding and re-initiate specific plan for Downtown upon successful award of funds. Provide expanded areas for residential mixed use, develop incentives for consolidation of smaller parcels and plan for TOD around the future Gold Line Station.

2021-29

City received $150,000 from the LEAP Grant to assist in funding the Downtown Specific Plan (DTSP). The City is currently finalizing the RFP for the DTSP and anticipate releasing it in the Spring of 2021. Separate discussions with Gold Line and Metro Staff ongoing regarding Station planning, First Mile/Last Mile improvements and coordination with light rail constrution planned from 2019-2026.

Preservation of Assisted Housing

Contact property owners of at-risk projects to initiate preservation disscussions. Based on the outcome of these discussions, the City will: 1) identify preservation incentives; 2) work with priority purchasers; 3) coordinate technical assistance and education for affected tenants.

2021-29

* Sunnyside remains at-risk with existing covenants in place until December 1, 2021 (34 total units with 17 each at Low & Very Low rates). City continues to evaluate preserving covenants and/or providing rental assistance. Sunnyside owners have decided not to extend the affordability rates for these units, so these units will end. * Villa San Dimas Apartments is a HUD family complex of 50 units that was expiring at the end of 2019 and was renewed for another five years. * Avalon Bay Apartments has 26 units with affordable covenants in place until 2045.

CDBG CARES Act Emergency Rental Assistance

Provide emergency rental assistance to low income to moderate households within the city.

2021-29 Assisted 44 Households with emergency rental assistance in 2020. Program will continue as funding becomes available.

Measure H - Homeless Prevention & Diversion Program

Prevent residents from becoming homeless by providing assistance for rent, utilities and food to residents who meet the low-income to moderate income guidelines per household within the city.

2021-29Progrram is funded until June 2022, It will continue to be a project as funding becomes available. This project meets our goals of implementation of our City's Homelessness Plan. Our goal is to help up to 55 households with assistance.


Jurisdiction San Dimas

Reporting Year 2020 (Jan. 1 - Dec. 31)

Current YearDeed Restricted 0Non-Deed Restricted 1Deed Restricted 0Non-Deed Restricted 3Deed Restricted 0Non-Deed Restricted 7

17

28

2020200

0000

Income Rental Ownership TotalVery Low 0 0 0Low 0 0 0Moderate 0 0 0Above Moderate 0 0 0Total 0 0 0

Cells in grey contain auto-calculation formulas

Total Units Constructed with Streamlining

Units Constructed - SB 35 Streamlining Permits

Total Housing Units Disapproved:

Use of SB 35 Streamlining ProvisionsNumber of Applications for StreamliningNumber of Streamlining Applications ApprovedTotal Developments Approved with Streamlining

Note: Units serving extremely low-income households are included in the very low-income permitted units totals

Housing Applications SummaryTotal Housing Applications Submitted:Number of Proposed Units in All Applications Received:Total Housing Units Approved:

Very Low

Low

Moderate

Above Moderate

Total Units

Building Permits Issued by Affordability SummaryIncome Level



Total Award AmountTotal award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement Requested

Other Funding Notes

Downtown Specific Plan 150000 0 Local General Fund

Releasing RFP in Spring 2021

ANNUAL ELEMENT PROGRESS REPORTLocal Early Action Planning (LEAP) Reporting

(CCR Title 25 §6202)Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.

150,000.00$

Task Status

Other (Please Specify in Notes)


Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2)


720


1728


1515

Moderate

Above ModerateTotal Units

Completed Entitlement Issued by Affordability SummaryIncome Level

Very Low

Low

Moderate

Above ModerateTotal Units

Building Permits Issued by Affordability SummaryIncome Level

Very Low

Low

Total Units

Certificate of Occupancy Issued by Affordability SummaryIncome Level

Very Low

Low

Moderate

Above Moderate


From: Marisa Creter [email protected] Subject: Weekly Recap (Week of 3/8)

Date: March 12, 2021 at 7:00 AM To: Marisa Creter [email protected]

Bee: [email protected]

Good morning! Below please find a recap of the week's major activities and other announcements.

• Water Committee: On Tuesday, the Water Policy and Water Technical Advisory Committees convened its

monthly joint meeting via Zoom. The meeting featured the following presentation.

• Department of Finance v. Commission of State Mandates: Howard Gest, Partner at Burhenn &

Gest LLP presented on the Case, which challenged whether two requirements included in the

2001 Municipal Separate Storm Sewer System (MS4) Permit - requiring trash receptacles at transit

stations and completing stormwater permit business inspections - were eligible for cost

reimbursements under the California Constitution. The Court held that local governments were

entitled to subvention for these trash receptacle requirements because they were mandatory

programs that exceeded federal requirements, and local governments could not levy fees to cover

these costs. Agencies were not entitled to subvention for stormwater permit inspection

requirements because the agencies have the authority to levy fees to pay for those permit

conditions. This ruling could have positive implications for local governments' cases cost

reimbursement claims in later stormwater permits.

The Committees took action on the following state legislation.

• AB 377 (Rivas/Hertzberg): The Committees voted to recommend the Governing Board oppose AB

377, which would prescribe that all California surface waters must be fishable, swimmable, and

drinkable by 2050, with no additional funding provided. The Bill would also place strict limits on

what the State Water Resources Control Board (State Board) and the regional water quality control

boards (regional boards) could allow in future stormwater permits and requirements, including

prohibiting compliance schedules and any discharges or best management practices that exceed

water quality standards. This bill would also require development of an Impaired Waterways

Enforcement Program to enforce all water quality standards violations. This Bill would significantly

reduce the regulatory authority of the water boards and would likely result in permit violations.

• SB 426 (Rubio): The Committees voted to recommend the Governing Board adopt a resolution to

sponsor SB 426 (Rubio). The Bill would require the State Board to develop Financial Capability

Assessment (FCA) guidelines for cities and counties (permittees) seeking to comply with the

Federal Clean Water Act (CWA). The state guidelines would be modeled on federal guidelines

developed by the U.S. EPA over the past 20 years to achieve CWA compliance without in any way

altering or waiving clean water standards but instead allowing elongated timeframes to avoid

unacceptable cost burdens on communities. FCAs consider a wide range of financial capacity

factors, including residential capability (e.g. median household income) and the financial strengthof the permittee organization, such as bond ratings, debt, unemployment rate, tax revenue, and

property tax rates.• Transportation Committee: On Thursday, the SGVCOG Transportation Committee convened for its

monthly meeting. Starting this month, the committee will be convening on the second Thursday of each

month at 4:00pm. SGVCOG staff provided the first presentation of the meeting on the Metro Measure M

Multi-Year Subregional Program (MSP) projects in the San Gabriel Valley. In June 2018, Metro adoptedthe Measure M Guidelines, which included a process by which Measure M subregional funds would be

programmed. In alignment with these guidelines, the SGVCOG was tasked with developing a five-year

subregional fund programming plan to administer the MSP funds. After implementing a comprehensive

outreach and project selection process, the SGVCOG awarded more than $37 million in Measure M fundsto 20 eligible active transportation, firsUlast mile, complete streets, highway efficiency, and bus system

improvement projects in the San Gabriel Valley for FY 2017 to FY 2021. Each awarded project's funding

allocation schedule can be changed, or "reprogrammed," at the approvals of both the SGVCOG Governing

Board and the Metro Board of Directors. A total of 11 reprogramming requests were submitted from the

awarded cities and agencies due to project delays as a result of the COVI D-19 Pandemic, staff turnovers,

and funding shortfalls. All MSP funding reprogramming requests will be considered for approval by the

Governing Board at its March meeting and, if approved, forwarded to the Metro Board for consideration at

Item 3G Page 1

its May meeting. Foothill Gold Line Construction Authority Chief Executive Officer, Habib F. Balian,

provided the second presentation of the meeting on the Foothill Gold Line Extension Project. Major

construction of the Glendora-to-Pomona Segment began in Summer 2020, and construction crews are

actively working throughout the 9.1-mile segment. To date, 3 of 21 at-grade street crossings have been

fully constructed. Based on the existing progress, construction of the Glendora-to-Pomona Segment is

scheduled to be completed by the end of 2025. If additional funding is secured by October 2021, the

extension to Montclair can be completed by the end of 2028. Metro Congestion Reduction Programs

Executive Officer, Shahrzad Amiri, provided the third presentation of the meeting on the Metro

ExpressLanes Project. The ExpressLanes are managed lanes where toll prices are set based on real-time

traffic conditions and vary according to the level of congestion. The toll fees are higher when there is

increased traffic in the ExpressLanes and lower when traffic is lighter. Currently, the Metro ExpressLanes

are implemented on the 1-10 and 1-110 corridors. Revenue generated from toll fees are reinvested in their

respective corridors' transit service improvement projects. The Committee is scheduled to reconvene on

Thursday, April 8, 2021 at 4:00pm.

• Infrastructure LA Climate Resilience Panel: On Wednesday, SGVCOG staff participated in Los Angeles

County Department of Public Works' Infrastructure LA Climate Resilience Panel. Governor Newsom

recently proposed to allocate a significant amount of funding for climate-related initiatives in the State's

2021-2022 Budget. Additionally, there has been increased interest in the State Legislature to propose

funding to finance climate resilience projects. These initiatives can provide additional funding and grants to

finance various projects to support local jurisdictions' efforts to prevent and adapt to climate impacts to

situations such as wildfires and droughts. Representatives from the California Department of

Transportation, Los Angeles County Chief Sustainability Office, Los Angeles County Economic

Development Corporation, Los Angeles Department of Water and Power, and Metro attended to share

their insights on guiding Southern California's climate resilience efforts. Most notably, Metro Chief

Executive Officer Phil Washington shared plans on purchasing clean energy buses at Metro; however, Mr.

Washington emphasized that the lack of federal support on fleet electrification and clean energy bus

conversion became a barrier for California transit agencies to convert their fleets. Additionally, Los Angeles

County Chief Sustainability Officer Gary Gero shared updates on the Los Angeles County Climate

Vulnerability Assessment (CVA). The CVA will focus on assessing climate change's impact on vulnerable

populations and identifying equity implications. Development of the CVA began in Fall 2020 and additional

stakeholder and engagement workshops will be held over the next few months to gather inputs from

members of the public.

• Economic Development Webinar: On Thursday, the SGVCOG partnered with the San Gabriel Valley

Economic Partnership to host the "Rebuilding San Gabriel Valley Economy" Economic Development

Webinar to provide resources and tools for local jurisdictions to support their businesses. Local Initiatives

Support Corporation Los Angeles (USC LA) Executive Director, Tunua Thrash-Ntuk, presented a toolkit

with specific recommendations for local governments to support small businesses during the COVID-19

Pandemic. Los Angeles Economic Development Corporation (LAEDC) Business Assistance District

Director, Bob Machuca, shared 12rograms to assist small businesses and opportunities for rebuilding the

economy in the San Gabriel Valley. Additionally, Governor's Office of Business and Economic

Development (GO-Biz) Senior Business Development Specialist, Trelynd Bradley, shared updates on

Governor Newsom's proposed budget and federal and state grants to support economic recovery efforts.

Over 11 O individuals attended the event and copies of the speakers' presentations can be found on the

SGVCOG website here.

• Governing Board Preview: The SGVCOG Governing Board will hold its monthly meeting next Thursday,

March 18, 2021 21 at 4PM via Zoom Teleconference. The full agenda packet may be accessed here.

Major Action items are summarized below:

o Eleventh Amended and Restated Bylaws: The Proposed Bylaws would amend the current Tenth

Amended and Restated Bylaws to provide that the Metropolitan Transportation Authority San

Gabriel Valley Sector Board of Directors Appointee be added as ex-officio, non-voting member of

the Executive Committee. One of the critical roles of the SGVCOG Executive Committee is to

develop and provide input on the monthly SGVCOG Governing Board agenda. As an ex-officio,

non-voting member, the SGVCOG Metro Board Representative to provide critical input on Metro

related items that should be included on the SGVCOG Governing Board agenda. are often timely

Item 3G Page 2

C:UIU ICl.{UIIC Ull'C'Vl ICVUIIUIIC'IIUC'U dVllUII� VI lllC \J\.::tVVV\.::t \.:IVVC'IIIIII� UVCUU IClel.lCU lU IV1CllV,

o Update Measure M MSP Subregional Fund Programming: As discussed above, at the

Transportation Committee, the Governing Board will consider the reprogramming of Measure M

Subregional Program (MSP) funds 11 San Gabriel Valley projects, for consideration by the Metro

Board at its May meeting.

o Support-SB 15 (Portantino): SB 15 would provide state grant incentives for cities to rezone idle

big box retail sites or commercial shopping centers to accommodate workforce multifamily housing.

Staff is recommending the Governing Board adopt Resolution 21-14 supporting the Bill.

o Support - SB 765 (Stern/Friedman): SB 765 seeks to authorize local governments to determine

side and rear setbacks for accessory dwelling units (ADUs), subject to certain conditions,

eliminating existing law's prohibition on side and rear setbacks of more than four feet. Staff is

recommending the Governing Board adopt Resolution 21-15 supporting the Bill.

o Oppose -AB 377 (Rivas/Hertzberg): As discussed above at the Water Committee, AB 377 would

require all surface waters statewide fishable, swimmable, and drinkable by 2050, with additional

prohibitions on items that the Stale Water Resources Control Board (State Board) and regional

boards could include in stormwater permits and requirements. Staff is recommending the Governing

Board adopt Resolution 21-16 opposing Assembly Bill 377 (Rivas/ Hertzberg).

o Support and Sponsor-SB 426 (Rubio): As discussed above at the Water Committee, SB 426

(Rubio) require the State Water Resources Control Board (Slate Board) develop Financial

Capability Assessment (FCA) guidelines for cities and counties (permittees) seeking to comply with

the Federal Clean Water Act (CWA). State Senator Susan Rubio reintroduced this legislation, which

was sponsored in previous years by the SGVCOG. Staff is recommending the Governing Board

adopt Resolution 21-17 to support and sponsor the Bill.

o SGVCOG Support Letters for Congressional Funding Requests for Regional Priority

Projects/Programs: After suspending the practice for about 10 years, Congressional leaders have

recently announced a return to the process of permitting U.S. Representatives and Senators to

request federal funding for priority community projects located in their districts or states. House

offices last week informed SGVCOG staff that community project funding request forms will be

distributed shortly to cities, water agencies, transportation agencies, and other public entities. Such

funding nominations are, of course, no guarantee of funding. Congressional representatives will

determine which, if any, nominated projects or programs and requested amounts are forwarded for

consideration by Congressional committees, with projects then included in legislation subject to

Congressional approval. Given the tight submittal deadline and the various parameters identified,

staff recommends that regionally significant projects be submitted for consideration by the San

Gabriel Valley's Congressional representatives as follows:

Project/Recipient Amount Location Representative/District Requested

Affordable housing $10 million Various cities Rep. Judy Chu / 27th

projects pipeline / District SGVRHT

State Route 57 /60 $10 million Diamond Bar, Rep. Young Kim 139th

Confluence Industry District Chokepoint Relief Project / SGVCOG

Alameda Corridor- $10 million Industry, Rep. Grace Napolitano / East (ACE) Turnbull unincorporated 32nd DistrictCanyon Rd. grade LA County separation project/ SGVCOG

ACE Montebello $10 million Montebello Rep. Linda Sanchez/ Blvd. r:irade -:.i.Ath n1c:,+ri .... +

Item 3G Page 3

-vV LJl.:JI.I IVL

separation project / SGVCOG

ACE at-grade $10 million Pomona Rep. Norma Torres / pedestrian crossing 35th District safety projects / SGVCOG

Additionally, a presentation will be given on the SGVCOG Regional Homeless, Mental Health, and Crisis

Response Study, as well as a presentation by AQMD on the Warehouse Indirect Source Rule (Proposed

Rule 2305).

Should you have any questions on these or other items, please let me know.

Best, Marisa

Marisa Creter Executive Director San Gabriel Valley Council of Governments 1000 S. Fremont Ave., Suite 10-210 Alhambra, CA 91803 (626) 457-1800(323) 821-3860 (cell)

WWW. SgYQQg.,_Q[Q

Item 3G Page 4

From: Marisa Creter [email protected] Subject: Weekly Recap (Week of 311)

Date: March 5, 2021 at 7:00 AM To: Marisa Creter [email protected]

Bee: [email protected]

Good morning! Below please find a recap of the week's major activities and other announcements.

• Executive Committee: On Monday, the Executive Committee held its monthly meeting

via Zoom. The Committee received an update on the current status of internal audits

from the SGVCOG Audit Manager. Additionally, the Committee was briefed on

considering appointing the SGV Metro Board Representative as an ex-officio member to

the SGVCOG Executive Committee to inform the Committee on matters related to the

Metro Board and the Committee concurred with staff recommendation to create this ex

officio appointment. An amendment to the SGVCOG bylaws with this appointment will be

placed on the agenda for 1st reading at the Governing Board meeting on March 18.• Homeless Committee: At its March meeting, the Homelessness Committee heard the

following presentations and updates:

o The Committee heard a presentation on the tiny home village recently completed

by the city of Redondo Beach. Michael Klein, Deputy Director of Public Works for

the City of Redondo Beach shared a presentation on the steps necessary for them

to make the project successful. SGVCOG staff provided information on how

interested cities can still express their interest in participating in the SGVRHT pilot,

and how the pilot meets the mental health needs of participants.

o Senate Bill 15 (Portantino): The Committee recommended that the Governing

Board authorize the President to send a letter in support of Senate Bill 15, which

would offer incentives to provide workforce housing at commercial sites. Under the

bill, cities would receive the average of the annual amount of sales tax revenue

generated by a big box retail or commercial shopping center site for the previous

seven years if that site is replaced by multi-family workforce housing.

o State Budget and Legislative Updates: The Committee heard an update item on

the Governor's budget proposal and bills related to homelessness, as well as a

report by the State Auditor related to homelessness. Governor Newsom's 2021-22

budget proposal includes key provisions that would provide a total of $1. 75 billion

in funding for Project Homekey, community-based housing, and behavioral health

treatment for vulnerable seniors. Bills being tracked by SGVCOG staff include AB

328 to provide grants to counties and continuums of care for housing and related

services for people experiencing homelessness with recent histories of

incarceration, or who are expected to become homeless upon their release from

incarceration, AB 15 to extend existing State COVID-19 related eviction

protections through December 2021, and AB 71 to increase tax rates on

businesses with annual profits of more than $5 million, raising an estimated $2.4

billion to fund homeless programs.• No Party, Like a Therm Party! Webinar: On Tuesday, the SGVCOG hosted the "No

Party, Like a Therm Party!" energy efficiency webinar in partnership with the Gateway

Cities Energy Leader Partnership, the Western Riverside Energy Leader Partnership, the

Orange County Cities Energy Partnership, and the West Side Energy Partnership. The

Item 3G Page 5

webinar featured energy efficiency programs available through SoCalGas, including the

Direct Install Program that provides no-cost energy efficiency upgrades on eligible public

facilities. The webinar had over 50 attendees and SGV cities and agencies that attended

will advance in the 2021 San Gabriel Valley Energy Champion Awards.

• SCAG: On Thursday, SCAG held its monthly policy committee and Regional Council

meeting. SCAG held a joint Policy Committee of its Community, Housing, and Economic

Development (CEHD), Transportation, and Energy and Environmental Committee to hear

presentations and have a discussion on the history of race in land use planning.

Following that meeting, the Regional Council met and unanimously adopted the final

Regional Housing Needs Assessment (RHNA) numbers. The final numbers can be found

here. The Regional Council adopted a resolution that directed SCAG staff to work with

the State Department of Housing and Community Development (HCD) and the State

Legislature to pursue administrative and legislative changes to provide more flexibility in

the implementation of RHNA. The Regional Council also adopted the 2021 Federal

Transportation Investment Plan (FTIP) and associated transportation conformity

determination. The FTIP is a list of approximately 2,000 multi-modal capital projects to be

implemented over a 6-year period that are in compliance with the adopted Regional

Transportation Plan/Sustainable Communities Strategy (RTP/SCS). Finally, the Regional

Council was set to consider the inter-county apportionments for the Coronavirus

Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA). This funding

is intended to provide funding to transit agencies to address the fiscal impacts of the

COVID-19 pandemic. However, an alternative approach had also been developed that

would eliminate the county cap of 75% of total operating expenses, which would result in

Los Angeles County transit operators receiving nearly $127 million less funding. SCAG

staff will be further analyzing this item and will bring it back to a future meeting.

• Metro Recovery Task Force Final Report: Earlier this week, Metro's COVID-19

Recovery Task Force released its final report, completing the work begun since April

2020. The final report includes recommendations on accelerating bus and bike lanes,

enhancing amenities at rail stations and bus stops, offering incentives to reduce car

ownership, and reducing construction costs. With the report complete, Metro staff will

proceed with implementing the report's 17 final recommendations. Each of these

concepts identifies an internal lead department or team of departments and includes a

timeline with milestones for advancing and refining the recommendations. A copy of the

Metro Recovery Task Force Final Report can be found here.

• Upcoming Economic Development Webinar: In partnership with the San Gabriel

Valley Economic Partnership, the SGVCOG is excited to host a webinar on Thursday,

March 11, 2021 at 11 : 00am that provides resources for San Gabriel Valley cities to

support business owners and boost the local economy. Speakers from the Local

Initiatives Support Corporation Los Angeles (LISC LA), Los Angeles Economic

Development Corporation (LAEDC), and the Governor's Office of Business and

Economic Development will be sharing tools for cities to support economic recovery

efforts. Cities and agencies are encouraged to register for the event here.

Should you have any questions on these or other items, please let me know.

Best, 1\11::iric:::i

Item 3G Page 6

Marisa Creter Executive Director San Gabriel Valley Council of Governments 1000 S. Fremont Ave., Suite 10-210 Alhambra, CA 91803 (626) 457-1800(323) 821-3860 (cell)www.sgvcog.Q[Q

Item 3G Page 7




Subject: Consideration and Action to Authorize Agreement and Budget Modification for a Citywide Mobile Application Service Provided by GoGov, Inc.

______________________________________________________________________________

RECOMMENDATION

The City Manager recommends the City Council: 1) Authorize the City Manager to enter into a one-year agreement with GoGov, Inc. to provide

Mobile Application services, and2) Appropriate $24,960 for the first year’s subscription.

FISCAL IMPACT

This is Software as a Service at a one-year cost of $24,960, which includes a citizen request, notifications, and code enforcement platform with customer service, training, maintenance, and updates included for the subscription price. (Attachment A). The appropriation would allocate the cost to 001.4190.020.002 Computer Professional Services and a sole source letter.

BACKGROUND

Technology brings many benefits to local cities which streamline internal operations, but more importantly, enhance engagement with residents. Currently, San Dimas residents utilize emails and phone calls to request service for problems such as pothole repairs, sidewalk issues, graffiti, code violations, etc. The manual nature of email and phone calls results in a cumbersome internal

SUMMARY The City is considering purchasing a mobile application platform to facilitate resident service requests, track code violations, and provide public notifications. Overall, the platform combined with internal process improvements will provide residents a much

higher quality engagement with the City and reduce process inefficiencies.

Item 4a Page 1

Citywide Mobile Application Service Page 2 Meeting of March 23, 2021

process flow, likelihood of losing track of the request, inadequate document retention, and a higher likelihood of substandard service. In my two months as City Manager, I can attest to how dedicated our staff is to servicing residents, but the lack of robust and effective technology plays a significant role in limiting the quality of service, responsiveness, and the overall customer experience. To improve customer service, responsiveness and to align City processes into a more efficient system, the City is looking to leverage technology. DISCUSSION/ANALYSIS The City is looking to GoGov, a well- known mobile application (app) vendor, established in 2004 and servicing over 150 customers (including 70 California cities), to provide a mobile app platform for residents and City employees. GoGov’s mobile app is in use by 34 cities in Los Angeles County and 76 jurisdictions in total throughout California, which includes cities such as Rosemead, Culver City, Anaheim, Pasadena, Santa Monica, Manhattan Beach, Lakewood, Placentia, and West Covina. The mobile app will provide capabilities which are expected to improve and streamline the overall user experience for City residents, including submitting service requests, receiving updates from City staff, and improving access to important City information. The GoGov app includes three modules, service requests (GoRequest), notifications (GoNotify), code enforcement (GoEnforce) and includes integration with the City’s current GIS and Accela permitting systems (Community Development and Public Works). Resident Service Requests (GoRequest) The app includes a powerful and flexible engine to manage service requests. Residents can download the app for iPhone or Android, or use the traditional web-based portal, to submit and track requests. There are some key features to note:

• Submitting Service Requests – Residents can submit an unlimited number of service requests on any activity the City registers to the app,

• Checking Status of Service Requests – Automated email and push notifications keep both staff and residents up to date on a request until it is resolved as well as an ability to check status on the app itself,

• Getting Information on City Services – Can provide a detailed knowledge base that gives residents specific information on how to access City services or any other information the City desires to push out to residents,

• Getting Adequate Information for Service Requests – Fields available include GPS/map location, ability to include photos, and are tailored to the type of information City staff need to adequately process each type of service request, and

• Robust Reporting – Provides detailed reporting, tracking, and document retention capabilities to ensure complete information, accountability, and risk management.

Item 4a Page 2


The GoRequest module will centralize where service requests go, are processed, and how notifications are provided to residents ensuring they are aware when a request is being processed and completed. The City is geocoded so only requests from within the City limits are processed.

Resident Notifications (GoNotify)

The app includes a module engaging residents across multiple social media and public information channels (mobile, email, Twitter, Facebook, and the City’s website). The module provides information for events, alerts and notices through the app and these various channels at once without duplicating entries into each channel. Unlike the City’s current Code Red notification system, there are no limitations on the number of notifications the City can send with GoGov. Notifications can include road closures, events, storm warnings, emergency alerts, school information, etc. Additionally, resident notifications include the ability to provide current phone numbers for the City, local partners, and other business services, information on local places, and other information of interest to residents. The information can be readily updated and maintained easily through the City’s administrative portal into GoGov. The application also allows the City to send targeted content by using groups that the City defines. Further, the City can enable two-way communication on a message specific basis to ensure that the City can leverage public information when needed. For example, the City may send a message out to a specific neighborhood asking where a certain issue exists, and residents can respond directing the City to location of the issue. Overall, GoNotify will enhance the City’s public information function and reduce the reliance on dedicated public information staff to provide timely and complete information. Code Enforcement Administration (GoEnforce) The app includes a code enforcement module to manage every aspect of the local government code enforcement function. Specifically, a Code Enforcement Officer can manage every stage of their review – documenting the violation condition, collecting the necessary evidence, managing the legal timelines for responding to violations, processing all required violation and corrective actions reducing manual entry, and allowing for infield case management. Garnering Efficiency in City Processes GoGov’s service request, notification and code enforcement modules give the City an opportunity to realign how we engage residents. Currently, a resident calls or emails to notify the city of an issue, say a large pothole in a heavily travelled road. The employee receiving the notification, if not the right person, emails the appropriate person responsible for pothole repairs. However, it is not certain that the right person will get the request. As a result, the request may have to be forwarded again, or it may fall through the cracks. Further, progress on the service request is tracked via email which is not ideal for tracking, responding, or documenting service requests. When a resident calls on the status on the request, tracking down the right person becomes difficult,

Item 4a Page 3


and in the absence of the individual, the resident is left with little to no information. The cumbersome nature of the interaction just adds to resident frustration in their engagement with the City. The app includes an easy to use, database-driven backend and City staff portal to facilitate all City requests, access their details, and be able to coordinate service. Thus, it is our goal to train customer interfacing employees and managers on how to enter a request, provide a notification, or report on the status of existing requests. In doing so, we will empower staff to be able to answer questions even if it pertains to a different functional area. As a result, a resident calling a parks and recreation staff person to report a streetlight out will see that the parks and recreation staff can enter the request into the GoGov app without having to transfer or redirect the resident. In eliminating misrouting, the application is designed to allow the City to set where a service request is routed based on the category, subcategory, and/or issue being addressed. Additionally, the system allows each employee to monitor, schedule, and coordinate which work is done, and the system can automatically notify the requesting resident when the request is scheduled, completed, or is experiencing a delay. Consequently, residents will have assurance that the City received their request and is responsive. Facilitating Low Technology or Technology-Challenged Individuals Residents do not need the app to benefit from this technology. By training employees engaging the public, we will still have the ability to take requests over the phone or email and to initiate a GoGov service request on the spot. City staff can register the resident’s information to receive updates on the request, and if they have an iPhone or Android, City staff can show them how to gain access to the app in order to track their service request without City staff assistance. COVID-19 Pandemic The pandemic has forced many cities to change how they interact with residents. The City of San Dimas has continued to provide in person service five days a week. The implementation of the GoGov application and broad training for City staff will reduce the need for in person interactions and will reduce the risk of COVID-19 exposure. Further, residents who may not engage the City due to the pandemic will have an option to request service without needing to come in and visit with City staff. Internal Review Department Heads participated in an online demonstration of the application. Code Enforcement staff also received a separate GoEnforce specific demonstration. Staff approved of the application and are very excited to deploy this application. There are other applications, both commercial and in-house developed, that provide similar capabilities. However, the number of local cities that use this application, price, ease of use, and user experience from GoGov make this application well suited to our needs. Developing an inhouse application, while saving on the annual license cost, is a significant undertaking and would require the City to manage the backend technology. City staff believe this is the right solution for our City.

Item 4a Page 4


Next Steps The mobile app may be rolled out in stages, starting with the core functionality, and adding more features and integrations in the future. First, the City must appropriate the funding for this application and execute an agreement with GoGov. Afterwards, GoGov will begin the implementation process to map out what we want to facilitate through the app and to integrate it with internal processes and City-based technology. With City Council approval, the mobile app is anticipated to launch in Spring/Summer 2021 with a possible employee only deployment to work out any bugs. We intend to publicize the application and encouraging residents to utilize it as their primary mechanism accessing City services. We will still engage in person and through traditional channels with City residents to ensure the City remains responsive. Respectfully submitted, Chris Constantin City Manager Attachment: GoGov Application Software as a Service Quote and Agreement

Item 4a Page 5

Order Form | 2020

Page 1 of 5

City of San Dimas, CA

Citizen Request Management, Citizen Notifications & Alerts, Code

Enforcement Case Management, ArcGIS Integration, Accela Integration

March 16, 2021

Prepared By:

Kevin Strauss, Director of Sales

(631) 861-5812

[email protected]

Prepared For:

John Lee

Information Systems

[email protected]



cconstantin

Typewritten Text

ATTACHMENT A

Order Form | 2020

Page 2 of 5

Subscriptions & Services

Description Amount

GORequest Citizen Request Management (CRM) – Unlimited Subscription

$1,000 /month

GOEnforce Code Enforcement Case Management (CE) – Unlimited Subscription

$700 /month

GONotify Citizen Notifications & Alerts (Notify) – Unlimited Subscription

$400 /month

ArcGIS Integration to the City’s ESRI GIS System

$250 /month

Accela Integration to the City’s Accela System

$250 /month

Bundle Discount -$520 /month

Services: $0 Annually: $24,960 Monthly Total: $2,080

Order Details

Primary Contact

Contact Name: Chris Constantin Phone: (909) 394-6214

Title: City Manager Email: [email protected]

Billing Information

Contact Name: John Lee Phone: (909) 394-6218

Quote Month: October Email: [email protected]

PO #: (Optional) Cycle: Annual Billing

Billing Practices: GOGovApps will send renewal quotes for budgeting purposes at the beginning of the Quote Month specified. Invoices are sent 45 to 60 days prior to subscription renewal and are due prior to the start of the Subscription Period. To align billing with budget cycles, extend Initial Subscription Period to include extra months and we will send an initial invoice for the extra prorated months and then a second invoice for the remainder of the Initial Subscription Period.

Contract Information

Initial Subscription Period: 12 months starting: April 1, 2021

Replacing Contracts: If replacing existing agreement provide contract # or description & date.

Contract #: (Internal)



Order Form | 2020

Page 3 of 5

Terms & Conditions The following terms are the latest version of the GOGovApps Master Terms & Conditions that is maintained and updated. No part of these terms may be modified other than the “Special Terms & Exceptions” section.

1. IMPORTANT NOTICE TO USER: GOGov, Inc. (dba “GOGovApps”) owns all intellectual property in the software products listed in the Products and Services section (collectively “Software” or “Subscription Services”) in the Order Form. Customer shall not modify, adapt, translate, rent, lease or otherwise attempt to discover the Software source code. The following terms and conditions (this “Agreement”) will be effective as of the date of last signature of the Order Form (“Effective Date”) and will be governed by the laws in force in the State of New York.

2. Software License. The Software subscription services and the accompanying files, software updates, lists and documentation are licensed, not sold, to you. You may use a copy of the Software on your compatible computer for the purpose of connecting to the hosted service provided by GOGovApps as long as you are a current subscriber and maintain your annual continued services for the applicable licenses. Except as expressly set forth herein, GOGovApps disclaims any and all express and implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose.

3. Continued Services

3.1 Hosting. GOGovApps agrees to maintain Customer data in a secure datacenter and is committed to providing 99.5% uptime and availability. GOGovApps will perform nightly backups of your hosted data to an alternate physical location.

3.2 Ownership of Data. All hosted data specific to Customer is owned by the Customer. Within thirty (30) calendar days following termination of this Agreement, the Customer can request and GOGovApps will provide a complete copy of Customer’s data without additional charge through a downloadable zip file provided the customer is current on payments.

4. Payment Terms & Fees

4.1 Subscription Term and Termination. The initial Subscription Term of this Agreement begins on Effective Date (last signature) and will continue to the end of the Initial Subscription Period listed in the Order Form. At the end of the initial Subscription Term, Customer’s subscription and this Agreement will renew for an additional twelve (12) month term and for subsequent twelve (12) month periods thereafter. To stop the auto-renewal listed in the foregoing sentence, Customer must submit written notice to GOGovApps at [email protected] not less than sixty (60) calendar days prior to the end of the then-current Term. GOGovApps reserves the right to increase the annual fees by 7% on the anniversary date of each annual term.

4.2 Payment Terms. Initial payment is due at the beginning of the subscription term. Each subsequent annual billing will be due on the anniversary date of the initial term. Payment Terms are NET 30 Days from the invoice date.

4.3 Taxes & Obligations. In exchange for its use of the Subscribed Services, Customer will pay to GOGovApps the amounts indicated in the Order. Said amounts are based on services purchased and not actual usage; payment obligations are non-cancelable and fees paid are non-refundable, except as otherwise specifically-provided herein. Unless otherwise stated, such fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (“Taxes”). Customer is responsible for paying all Taxes associated with its purchases hereunder. If GOGovApps has the legal obligation to pay or collect Taxes for which Customer is responsible, the appropriate amount will be invoiced to and paid by Customer, unless GOGovApps is provided with a valid tax exemption certificate authorized by the appropriate taxing authority. GOGovApps is solely responsible for taxes assessable against it based on its income, property and employees.

4.4 On-Site Services & Expenses. Should on-site services requiring travel by GOGovApps staff be requested by Customer, GOGovApps will provide on-site service at GOGovApps’s then-current time-and-materials rates. In addition to these charges, Customer will compensate GOGovApps for associated airfare, lodging, rental transportation, meals and other incidental expenses as such expenses accrue and will be billed at cost and invoiced separately.

5. Limitation of Liability. GOGovApps will, at all times during the Agreement, maintain appropriate insurance coverage. In no event will GOGovApps’s cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever suffered by Customer or any other person or entity exceed the fees paid to GOGovApps


Order Form | 2020

Page 4 of 5

by Customer during the six (6) calendar months immediately preceding the circumstances which give rise to such claim(s) of liability, even if GOGovApps or its agents have been advised of the possibility of such damages.

6. Updating of Terms. Upon each renewal of this Agreement, the latest Master Terms & Conditions that GOGovApps has published within the software ninety (90) days prior to the renewal date shall replace these terms. Any Special Terms & Exceptions listed in the original document shall carryover to the renewal terms. We reserve the right to change our Master Terms & Conditions at any time. If the changes are material, GOGovApps will advise the Customer by email or posting a notice on the site before changes go into effect. If the Customer does not agree to the new terms, Customer may contact [email protected] to have objections considered.

7. Alternate Terms Disclaimed. The parties expressly disclaim any alternate terms and conditions accompanying drafts and/or purchase orders issued by Customer.

8. Special Terms & Exceptions.

The last sentence of section 1 is amended to read “The following terms and conditions (this “Agreement”) will be effective as of the date of last signature of the Order Form (“Effective Date”) and will be governed by the laws in force in the State of California.”

Section 4.1 is amended to read “Unless earlier terminated, this Agreement shall continue in full force and effect until 1 year from the date hereof. GOGovApps reserves the right to increase the annual fees by up to 3% following the renewal of the Agreement.”

The second sentence of section 5 is amended to read “In no event will GOGovApps’s cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever suffered by Customer or any other person or entity exceed the fees paid to GOGovApps by Customer during the twelve (12) calendar months immediately preceding the circumstances which give rise to such claim(s) of liability, even if GOGovApps or its agents have been advised of the possibility of such damages.”

The following language is added to the end of section 6 “Notwithstanding anything above in this Section 6, any changes to the Master Terms and Conditions pursuant to this Section 6 shall not amend any terms of this Agreement. Any amendment to any terms of this Agreement must be approved in writing by GoGov, Inc. and the City of San Dimas.”

The Following language is added as it’s own section: “Indemnification - The Contractor (lndemnitor) must indemnify, defend, save and hold harmless the City and its officers, officials, agents and employees (lndemnitee) from any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys’ fees and costs of claim processing, investigation and litigation) (Claims) caused or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of the Contractor or any of its owners, officers, directors, agents, employees, or subcontractors in connection with this Agreement. This indemnity includes any claim or amount arising out of or recovered under workers’ compensation law or on account of the failure of the Contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. The Contractor must indemnify lndemnitee from and against any and all Claims, except those arising solely from lndemnitee’s own negligent or willful acts or omissions. The Contractor is responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of this Agreement, the Contractor agrees to waive all rights of subrogation against lndemnitee for losses arising from or related to this Agreement. The obligations of the Contractor under this provision survive the termination or expiration of this Agreement.”


Order Form | 2020

Page 5 of 5

This Order Form is entered into between Customer and GOGovApps. Customer accepts and agrees to adhere to the Terms and Conditions with this order form, will be referenced as the “Agreement.” This Agreement between Customer and GOGovApps, which Customer hereby acknowledges and accepts, constitutes the entire agreement between GOGovApps and Customer governing the Services referenced above. Customer represents that its signatory below has the authority to bind Customer to the terms of this Agreement.

GOGov, Inc. City of San Dimas, CA

Sign: Sign:

Name: Daryl Blowes Name:

Title: CEO Title:

Date: Date:

Additional Customer Signatures (Optional)

Sign: Sign:

Name: Name:

Title: Title:

Date: Date:

GONotify®

GONotify® by GOGov www.GOGovApps.com [email protected] (925) 456-4926

GONotify®is a user friendly solution for creating &

sending communications of all varieties to your citizens

across multiple channels! Coupled with an agency

branded mobile app, GONotify® makes it easy for

citizens and government to communicate more

efficiently and effectively!

Communications in the Palm of Citizen’s Hands

• Branded Mobile App serves as one place to access all

notifications and important information directly from your

local municipality

• Subscription Lists allow for citizens to sign up for the

types of notifications that they want to receive

• Direct Notifications ensure that content is delivered

directly to citizens devices so that no important updates

are missed

• Get more information and start a dialogue with agency

staff by replying to a notification (requires GOGov CRM)

Keep Citizens Informed

As a staff & management team, keeping citizens informed can

be a challenge. GONotify® includes some awesome features

to help with this process:

• Send Alerts & Emergency Notifications directly to

citizens

• Send Targeted Content by using Subscription Groups

that you can define & select when sending out a message

• Use our Message Editor to easily create detailed & stylish

communications that include pictures, formatting, links to

videos, documents and other content.

• For Create Once, Publish Everywhere with Multi Channel

Publishing that allows you to push content to the most

vital channels including Mobile, Email, Twitter,

Facebook & Website.

• Enable 2-Way Communication that would allow you to

choose if citizens can reply to a specific message,

leveraging our CRM Module that ensures no questions go

unanswered.

All of your Communication Needs in One Spot

Why limit yourself to emergency communications when you

could send anything that you want?

• Road Closure

• Events

• Storm Warnings

• Boil Water Advisory

• Emergency Alerts

• School Closings

Vital City Information at Citizen’s Finger Tips

The branded app includes applets, which are important

pieces of information that you can put right at your Citizen’s

finger tips. Commonly that information includes:

• Important Phone Numbers

• Elected Official’s Names & Bios

• Local Places

• Social Media Pages

• Website Content

Engage citizens across multiple channels with a trusted source of information for events, alerts & notices.

GORequest® Powerful & Flexible CRM Software to manage service requests of all varieties for your agency!

GORequest® by GOGovApps www.GOGovApps.com [email protected] (888) 464-6811

GORequest® CRM is an intelligent, user friendly solution

for managing all of your agency service requests!

Whether it’s a citizen using your agency branded mobile

app or a staff member logging a service call from your

call center, GORequest® provides a centralized home

for two way communication between government and

citizens to work and communicate more efficiently and

effectively!

Customer Service at it’s Finest

In today’s digital age, customer service expectations are at an

all-time high. As a government agency, your constituents are

expecting the same service from you that they receive from all

of their other service providers. The GORequest® powerful

CRM now makes it easy for citizens and government to

exchange information and work towards their common goal

of making their city/town/county the best place to live or

work!

• Simple submission of requests by staff or citizens via

mobile app or through the web

• Automated email and push notifications keep both staff

and citizens up to date as a request is worked towards a

resolution

• Pre defined SLA’s per request type set the proper

expectation for citizens to have their requests completed

• Detailed & Customizable reporting for the agency to

ensure certain service standards are being met

No Upfront Fees or Startup Costs

We try to earn your business every single day and so we will

start by doing the heavy lifting to get you started. Everything

you need to setup your mobile app, list of request types,

reports and most importantly train your staff - Its All Included!

Truly Flexible CRM that bends to your Needs!

Our software was designed to be configured to the way you

work, which is what makes it so powerful and intuitive.

• Agency Defined Request Types and Categories

• Fully searchable Knowledge Base with Integrated

Request Functionality

• Customizable Automated Email and Push Notifications

• Automatic Address and User Tracking to Easily See

Previous Requests for a Specific Citizen or Address

• Highly

Customizable

assignment Rules

allow for Even the

Most Complex

Engagement Rules

to be Followed

• Map Views

Available for Work

Planning and

Trend Spotting

• Both Out of the

Box and

Customizable

Reporting that can

be run using user

defined criteria

and output in a

variety of formats

• Specific Input Form

for individual

request types

GORequest® by GOGovApps www.GOGovApps.com [email protected] (888) 464-6811

More Than Just Potholes!

While filling a Pothole is a common and effective use of our

CRM solution, this frequently used example only scratches the

surface of what you can accomplish with GORequest®

• Branded Mobile App– While the Mobile App is certainly

a useful tool for citizens to submit service requests, it can

also be used to showcase anything that you as an agency

want to give your citizens quick and easy access to. Our

collection of applets offer a wide variety of ways to make

often sought out information and services readily

available at your citizens fingertips!

• IT Ticketing/ Facilities Management– The system offers

‘internal’ request types, which are only available for view

and submission by agency staff when logged in. Users can

easily create requests types for IT ticketing or Facility

Management and use GORequest® to replace costly

internal, process specific systems.

• Public Records Requests– Keep up with open records

laws by tracking FOIA, OPRA and other public record

requests from citizens.

• Agency Specific Programs & Services - GORequest®

helps our customers manage unique use cases including

ride sharing, building inspections and health inspections.

Integrations

We learned that sharing is one of the most important parts of

helping our customers. This is why we have built integrations

into systems where it counts. Some common ones include:

• ESRI ArcGIS- integration validates addresses entered into

the system against your GIS system. We also can use

other data and map layers like districts, wards and more

to enhance the workflow and reporting delivered to your

agents and citizens.

• Cartegraph- our integration with Cartegraph can

automatically transmit your requests into that system for

work and then push the data back to the citizen through

our system, including when the issue is closed.

• LDAP / Active Directory - another password is the last

thing any of us want. With our LDAP integration we can

sync up users and permissions and authenticate against

your Active Directory so you don’t have to do extra work

or remember another password.

Support and Training You Will Love

Our goal is to make you love our company at every

encounter. We have a mature process and experienced staff

that will be able to provide expert advice and assistance

every step of the way.

• Expert Advice providing analysis of your service

request types, workflows and reports using industry

best practices to make your job as easy as possible.

• Project Management - your dedicated project

manager will track and monitor your progress

throughout the project.

• Configuring creating a list of request types, launching

the mobile app, building a beautiful iFrame, customizing

fields and forms, creating email templates, customizing

reports and more.

• Training Library - As we train you, we will produce a

library of videos and documents specific to your agency.

These videos can be used for onboarding future staff or

just going back to get a refresher on more advanced

stuff. But don’t worry - we are always willing to give

additional training as you need it.

• Staff Training is our favorite part because we know you

are going to love what you see and how easy it is to

use. When we hear “oooh’s” and “aaah’s” then we know

we are doing our job.

About GOGovApps

GOGovApps specializes in providing CRM and Code Enforcement software to local governments of all sizes. Our long history

and experience working with hundreds of government agencies across the country really shows in the products and services we

provide. We built our software from the ground up working with the departments and staff that now use our products every

single day.

With the ability to contact residents

directly on the platform, our employees

are more efficient in resolving service

requests than before...

- Paolo Beltran, City of Lakewood, CA

“

”

GOEnforce® Powerful Code Enforcement Software to manage every aspect of Municipal Code Enforcement.

GOEnforce® by GOGovApps www.GOGovApps.com [email protected] (888) 464-6811

GOEnforce® is an innovative and easy-to-use

solution for managing all your Code Enforcement

cases. Whether you are in the office or in the field,

GOEnforce® allows you to work wherever you

need. Simply choose the violations and which

actions you want to take or letters you want to send

and let GOEnforce® handle the rest.

Complete Case Management at Your Fingertips

We understand how hectic your day can be. If you are a

“Team of One” or an entire department of Code Enforcement

officers, the design of our product is intuitive and just makes

sense for what you do. All of the activities, notes, pictures,

letters, violations, fees and more are always at your fingertips.

• Violations & Corrective Actions

• Case Notes and Actions Taken by your Department

• Pictures, Videos and any other kind of Attachments

• Letters and Administrative Citations

• Fees and Payments

No Upfront Fees or Startup Costs

We try to earn your business every single day and so we will

start by footing the bill to get you started. Everything you

need to setup your codes, violations, letter templates, reports

and most importantly train your staff - Its All Included!

Software that Works for You

Our software was designed around the way you work, which

is what makes it so intuitive and useful.

• One Click Letter Generation from Templates that we

setup for you

• Batch Printing of Letters to Assist Officers in the Field

• Automatic Parcel Lookups with Owner Information and

Address validation.

• Notification and Workflow features will deliver

Reminders & Inspection sheets directly to staff at

calculated due dates.

• Property and Resident alerts can easily be viewed from

previous case files.

• Generate reports, documents and even print full case

history required for prosecution.

• Map views allow you to plan your day or visualize cases

by location.

• Audit Log tracks every change made to a case file

GOEnforce® by GOGovApps www.GOGovApps.com [email protected] (888) 464-6811

Special Features

We have developed features in the software that helps

process annual and recurring types of inspection cases for

officers.

• Rental Inspection - Using intelligent algorithms, we can

help detect properties that are suspected to be rentals

and automatically create cases for inspection. For the

properties we know are rentals annual inspections and

letters can be automatically generated.

• Weed Abatement - Another annual chore that we can

automate allowing inspectors to drive through areas and

clear for tall grass.

• Vehicle Abatement - track multiple vehicle information

and generate abatement notices to assist with cost

recovery and reimbursement.

• Business License Enforcement - Track expired business

licenses and allow GOEnforce® to automatically generate

the letters, assess fees and create cases for officers to

follow-up.

Integrations

We learned that sharing is one of the most important parts of

helping our customers. This is why we have built integrations

into systems where it counts. Here are a few:

• ESRI ArcGIS integration makes address validation and

parcel lookup with owner information simple. We also

can use other data like districts, wards and more to

enhance the workflow and reporting delivered to your

agents and citizens.

• Revenue Experts - our integration with Revenue Experts

can automatically transmit your administrative citation

fees to experts that can help you collect.

• Permitting Systems - Quickly view permits from other

systems when working on code cases.

• LDAP / Active Directory - another password is the last

thing any of us want. With our LDAP integration we can

sync up users and permissions and authenticate against

your Active Directory so you don’t have to do extra work

or remember another password.

Support and Training You Will Love

Our goal is to make you love our company at every

encounter. We have a mature process and experienced staff

that will be able to provide expert advise and assistance

every step of the way.

• Expert Advise providing analysis of your service codes,

letters, notices, documents and processes using industry

best practices to make your job as easy as possible.

• Project Management - your dedicated project

manager will track and monitor your progress

throughout the project.

• Configuring your municipal code summaries, defining

parcel data imports, customizing fields and forms,

creating letter templates, customizing reports and more.

• Training Library - As we train you, we will produce a

library of videos and documents specific to your agency.

These videos can be used for onboarding future staff or

just going back to get a refresher on more advanced

stuff. But don’t worry - we are always willing to give

additional training as you need it.

• Staff Training is our favorite part because we know you

are going to love what you see and how easy it is to

use. When we hear “oooh’s” and “aaah’s” then we know

we are doing our job.

About GOGovApps

GOGovApps specializes in providing CRM and Code Enforcement software to local governments of all sizes. Our long history

and experience working with hundreds of government agencies across the country really shows in the products and services we

provide. We built our software from the ground up working with the departments and staff that now use our products every

single day.

As a single person operation handling it

all from phone to field to notices, I can

say that GOEnforce has greatly

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To: Honorable Mayor and Members of City Council For the meeting of March 23,2021


Prepared by: Henry K. Noh, Director of Community Development

Subject: Municipal Code Text Amendment 20-0007: Consideration of a Municipal Code Text Amendment to amend Chapter 10.40 - Abandoned Vehicles revising the definition of “Abandoned Vehicles” that constitutes a nuisance (First reading and introduction of Ordinance 1285

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BACKGROUND

On May 24, 1994 and June 16, 1994, the City Council considered and approved, respectively, Municipal Code Text Amendment 94-3 amending Chapter 10.40 – Abandoned Vehicles of the San Dimas Municipal Code. One of the amendments authorized the issuance of infraction citations for vehicles constituting a nuisance on private property. Specifically, an unlicensed vehicle stored on private property is considered a nuisance when it is in plain view from the street.

The proposed Municipal Code Text Amendment adds to the unlicensed criteria to better match the code with the presumed intent of eliminating vehicles constituting a public nuisance.

ANALYSIS

On May 24, 1994, the City Council considered and on June 16, 1994 approved the code amendment which included two significant changes. First, the code amendment revised the public hearing process to streamline the significant workload associated with processing appeals.

SUMMARY The Ordinance revises the criteria for when an unlicensed vehicle is considered a nuisance under Chapter 10.40. Specifically, the ordinance adds a requirement that an unlicensed status is not sufficient to constitute a nuisance unless such status is accompanied by at least one additional indicator of abandoned, inoperative, declared a public nuisance, and/or otherwise hazard condition.

Item 5 Page 1

Municipal Code Text Amendment 20-0007 Page 2 For the Meeting of March 23, 2021 Second, the code amendment authorized the issuance of infraction citations for nuisance vehicles on private property. Policy Objectives for 1994 Change In considering the amendment, the City Council made certain findings which specify the policy objective of the code amendment. These included the following (emphasis added):

• “The proposed municipal code text amendment will further the public health, safety and general welfare. The proposed amendment will facilitate the abatement and removal of abandoned vehicles which the City Council has found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare”.

• “The proposed municipal code text amendment is consistent with the General Plan and Zoning Ordinance. The proposed amendment is consistent with the Land Use Element in that the enforcement and removal of abandoned vehicles will help preserve the visual identity and character of existing neighborhoods, enhance the quality of life for people who reside or work in the city, and alleviate health and safety hazards”.

The code amendment specified that nuisance vehicles include abandoned and inoperative vehicles which meet one of two criteria (emphasis added):

• Any vehicle or parts thereof which is physically incapable of movement under its own power, or which lacks wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on a highway, or

• Which is not currently licensed for use on a highway.

City Inconsistent in Application of Code – Change Needs to be Considered

While the criteria described above seemingly addresses the policy objective of the original code amendment, the City has received complaints about its application. Specifically, in January 2021, the City Council heard a public comment from an individual cited for having an unlicensed vehicle on his driveway. In reviewing the complaint, City staff found that the vehicles did not have any public nuisance conditions other than being in the status of being unlicensed. According to the City’s Parking Enforcement Officer, the City had previously received complaints regarding this code section. City Managers had previously taken different positions on how to enforce the code section resulting in inconsistency. The Municipal Code is an expression of City policy, and when such policy results in inconsistent application, a change may need to be considered. In this case, the policy question at hand requiring

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Municipal Code Text Amendment 20-0007 Page 3 For the Meeting of March 23, 2021 reconsideration is whether the singular condition of being unlicensed on private property and in view from the street furthers the 1994 blight findings. Proposed Change to Municipal Code City staff recommend changing the definition of an inoperative vehicle, a subset of an abandoned vehicle, to include some other tangible public nuisance conditions for the vehicle to be considered a violation of the code section. In San Dimas Municipal Code Section 10.40.010(C), City staff propose the addition of the language in blue to the definition of “Inoperative Vehicle”: Blue Underline = New language

C. “Inoperative vehicle” means: 1. Any vehicle or parts thereof which is physically incapable of movement under its

own power, or which lacks wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on a highway; or

2. Any vehicle or parts thereof which is not currently licensed for use on a highway and shows one or more indicators of either an abandoned, inoperative, and/or contributor to health, safety, or nuisance conditions.

A vehicle that is otherwise kept clean and in operating order does not appear to constitute a public nuisance or public health and safety condition as contemplated in the 1994 findings. By adding one or more nuisance indicators to unlicensed vehicles, a vehicle owner that maintains the vehicle as clean and seemingly in use would not be considered an inoperative vehicle. CONCLUSION Staff recommends that the City Council read by title and introduce Ordinance 1285 for Municipal Code Text Amendment 20-0007. Respectfully submitted, Henry Noh Director of Community Development Attachment: Draft Ordinance 1285

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ORDINANCE 1285

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, AMENDING SAN DIMAS MUNICIPAL CODE CHAPTER 10.40 ABANDONED VEHICLES

WHEREAS, in Ordinance 1010 passed in 1994, the City of San Dimas declared a the accumulation and storage of abandoned or inoperative vehicles on private or public property is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare;

WHEREAS, the City of San Dimas declared the presence of an abandoned or

inoperative vehicle on private or public property, except as expressly permitted in San Dimas Municipal Code Chapter 10.40, a public nuisance which may be cited or abated as such in accordance with the provisions of this chapter;

WHEREAS, the City of San Dimas finds that there are instances when a vehicle may

be maintained in an operative, able to be used, and clean condition but solely in an unlicensed status;

WHEREAS, an unlicensed status alone does not represent a nuisance condition

unless otherwise accompanied by an additional indicator that the vehicle is abandoned, not intended to be operated, a health and safety risk, a blight, or is one of more unlicensed vehicles or parts thereof retained on property within public view; and

WHEREAS, this municipal code text amendment is intended to require an additional

nuisance indicator to a vehicle or parts thereof that are solely unlicensed in public view; and WHEREAS, on March 23, 2021, the City Council of the City of San Dimas

conducted a hearing to consider the Project, and concluded said hearing on that date. NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, California, does ordain as follows: Blue Underline = New language Chapter 10.40 ABANDONED VEHICLES 10.40.010 Purposes. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. “Abandoned vehicle” means any abandoned, wrecked, dismantled or inoperative vehicle or part thereof.

Attachment Page 1

https://qcode.us/codes/sandimas/view.php?topic=8-8_28-8_28_010&frames=off

B. “Highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. C. “Inoperative vehicle” means:

1. Any vehicle or parts thereof which is physically incapable of movement under its own power, or which lacks wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on a highway; or

2. Any vehicle or parts thereof which is not currently licensed for use on a highway and shows one or more indicators of either an abandoned, inoperative, and/or contributor to health, safety, or nuisance conditions.

D. “Public property” does not include highway. E. “Vehicle” means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. (Ord. 1010 § 1, 1994) SECTION 1. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdication, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional. SECTION 2. 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 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 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.

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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 23rd, day of March 2021, 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 1285 was introduced at a regular meeting of the City Council of the City of San Dimas on the 23rd, day of March 2021, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 13th, day of April 2021. __________________________ Debra Black, City Clerk

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CITY COUNCIL SUCCESSOR AGENCY MEETING AGENDA …

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