Table of Contents
Agenda 2 Agenda Items 6a. City Council Minutes 10 6b. Register of Audited Demands 26 6c. Treasurer's Report 36 6d. Declaration of Surplus Property 40 6e. LVTV Budget Amendment 42 6f. Christmas Parade Route 44 6g. Communication Consultant Contract 46 6h. Sidewalk Imprv. D Street 84 6i1. Reso.20-86, LSA Contract.,Fruit St 86 6i2. Reso.20-87 Teen Center Grant 99 6i3. Reso.20-88, Dispatch Agmt,Covina 103 6i4. Reso.20-89,Reaffirming Emergency 113 6i5. Reso.20-90,Cal Recycle Grant 115 7a. Reso.20-91 Class & Salary Change 117 7b. Reso.20-92,Brandywine Dev. Agmt 133 7c. Short-Term Rental Update 209
1 CITY OF LA VERNE CITY COUNCIL AGENDA
Tim Hepburn, Mayor www.cityoflaverne.org (909) 596-8726 - Phone Robin Carder, Mayor Pro Tem (909) 596-8740 - Fax Muir Davis, Council Member City Hall Council Chamber Rick Crosby, Council Member 3660 D Street Wendy M. Lau, Council Member La Verne, CA 91750
Monday, December 21, 2020 - 6:30 p.m.
Tonight’s Council meeting will again be closed to the public in compliance with Governor Newsom’s Executive Order to minimize the spread of the COVID–19 Virus. However, the City encourages public participation and as such want to make residents aware of the following opportunities on how to participate: 1. Individuals can email their comments to the Assistant City Clerk at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by email or any other format to the Assistant City Clerk and City Council are public records that are available for public viewing.
2. Individuals who wish to share their comments directly during the meeting may do so by emailing the Assistant City Clerk at [email protected] with their phone number and the item(s) they wish to speak on. Requests will be accepted before and throughout the meeting and staff will call you back at the appropriate time. Once items are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3-minutes is set for all public comments.
In compliance with the American Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Office at (909) 596-8726 at least 48 hours prior to the meeting. Regular Meetings are held on the 1st and 3rd Monday of every month.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Council Member Davis, Council Member Crosby, Council Member Lau, Mayor Pro Tem Carder and Mayor Hepburn.
2 AGENDA, La Verne City Council Meeting, Monday, December 21, 2020, Page 2
4. PRESENTATIONS
Recognition of Community Services Director Bill Aguirre on his Retirement and 37-years of Service to the City of La Verne.
5. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS (Any person who wishes to make a brief announcement of a future community event that is open to the general public may do so at this time).
6. 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 or member of the audience requests separate discussion.)
a. Regular and Adjourned City Council Minutes of December 7, 2020, to be received and filed.
b. Register of Audited Demands in the amount of $926,558.21, dated December 3, 2020, and in the amount of $2,732,547.87, dated December 9, 2020, approval recommended by Interim Finance Director.
c. Treasurer’s Report for the Month of July, 2020, to be received and filed.
d. Declaration of Surplus Property - Certain vehicles and equipment have been depreciated through the equipment fund and scheduled for replacement. Each unit is no longer useful or is ineffective for current operational requirements. Each will become surplus to the city’s operational needs and should be disposed per Administrative Regulation No. 606 upon replacement.
The Interim Public Works Director recommends that the City Council declare the vehicles and equipment identified in Attachment A as surplus to the City’s needs and further recommends that the staff be directed to sell each in a fair and equitable manner per Administrative Regulation No. 606. This action is not considered a “Project” under the definition of the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review.
3 AGENDA, La Verne City Council Meeting, Monday, December 21, 2020, Page 3
e. Request for Budget Amendment for the Purchase of Equipment for LVTV - A budget amendment is requested to reimburse the University of La Verne for equipment to run the La Verne Television Channel (LVTV). The University has determined the purchase of a new playout system is needed to support the community access channel. The monies for any additional expenditure come from PEG funds. The University has determined this piece of equipment will last for the next 7 to 10 years.
The Community Services Director recommends that the City Council should approve a budget amendment appropriating $11,050 of PEG funds, $4,900 from the current budgeted year and $6,150 from reserve funds to purchase a new playout system for the community access channel, LVTV.
f. Christmas Morning Route - Consistent with actions in prior years and per the Police Chief’s recommendation, the Council is requested to authorize a “Parade Route” designation throughout the City for the Christmas Morning Program.
The City Manager recommends that the City Council should designate the streets in the City of La Verne as a parade route on December 25, 2020, from 7:00 a.m. until 5:00 p.m. to complete the Christmas Morning Program.
g. Extension of Communication Consultant Engagement - As part of the budget discussion City Council expressed a desire for the City to improve communication efforts with the community. At that time staff developed an outline of the approaches to achieve those efforts. One aspect was the temporary engagement of a communication firm until a full RFP process could be completed. That process has now been completed and based on the responses Tripepi Smith is being recommended as the responsive bidder for this work.
The City Manager recommends that the City Council should authorize the 2-year contact with Tripepi Smith to assist with the City’s communication and social media efforts and appropriate $45,000 for the remainder of the 2020/21 fiscal year to fund their activities.
h. Addition of Concrete Improvements on the West Side of D Street from Bearcat Way to 1,040 Feet South - Due to extremely favorable prices received on the original project, staff authorized the contractor to expand the removal and replacement of concrete sidewalk by adding an additional 9,640 square feet of improvements to their scope of work. The engineering estimate for this project was $200,000, with the initial bid submitted at roughly half of the estimate.
The Interim Public Works Director recommends that the City Council should approve the additional scope of work for concrete improvements in the amount of $88,865.
4 AGENDA, La Verne City Council Meeting, Monday, December 21, 2020, Page 4
i. Staff recommends approval and passage of the following Resolutions:
1. Resolution No. 20-86 - Authorizing Execution of an Agreement with LSA Associates, Inc. for the Preparation of the Environmental document for a Proposed Residential Development at 3717 Fruit Street and at 1874, 1876, and 1878 Walnut Street - The Community Development Department is currently processing applications submitted by Brandywine Homes for a proposed residential development at 3717 Fruit Street (APN 8666-017-028) and at 1874, 1876, and 1878 Walnut Street (APN 8378-007-907, 8378- 007-908, and 8378-007-909). Along with the applicant, the City has selected environmental consulting firm LSA Associates, Inc. to prepare the necessary environmental documents required for the development project in conformance with the California Environmental Quality Act (CEQA).
The Community Development Director recommends that the City Council should adopt Resolution No. 20-86, authorizing execution of an agreement with LSA Associates, Inc. for environmental services related to the preparation of CEQA documents for Brandywine Homes’ proposed residential development at 3717 Fruit Street and at 1874, 1876, and 1878 Walnut Street (Attachment A).
Resolution No. 20-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL CONSULTING SERVICES FOR A PROPOSED RESIDENTIAL DEVELOPMENT AT 3717 FRUIT STREET AND AT 1874, 1876, AND 1878 WALNUT STREET.
2. Resolution No. 20-87 - Approving the Application under The Statewide Parks Development and Community Revitalization Grant Program for the Teen Center - Evan Brooks and Associates have prepared a grant application for the Statewide Parks Development and Community Revitalization Program for the Teen Center to be submitted in March 2021. The resolution must be submitted as part of the application packet. Funding request is for $3,000,000.
The Community Services Director recommends that the City Council should approve Resolution No. 20-87 for the Statewide Parks Development and Community Revitalization Program grant funds.
Resolution No. 20- 87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGLES, STATE OF CALIFORNIA, APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS.
5 AGENDA, La Verne City Council Meeting, Monday, December 21, 2020, Page 5
3. Resolution No. 20-88 - Services Agreement with the City of Covina for Emergency Dispatch Personnel - In January of this year, the City Council authorized Resolution No. 20-05, allowing the Police Departments of Covina and La Verne to share staffing to maintain 24-hour dispatch operations. The attached revised agreement allows for that arrangement to continue on a limited, as needed, basis through December 31, 2023.
The Police Chief recommends that the City Council should approve Resolution No. 20-88, authorizing the City Manager to enter into an agreement between the Cities of La Verne and Covina for emergency dispatch personnel.
Resolution No. 20-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING AN AGREEMENT WITH THE CITY OF COVINA FOR SUPPLEMENTAL LAW ENFORCEMENT FUNCTIONS RELATING TO POLICE DISPATCHING SERVICES.
4. Resolution No. 20-89 - Extending Local Emergency - Pursuant to Government Code 8630, the City Council must “review the need for continuing the local emergency at least every 60 days until the governing body terminates the emergency.” The Council is asked to reaffirm the ongoing need for the local emergency that has been declared and reaffirmed by the Council.
The City Attorney recommends that the City Council should adopt Resolution No. 20-89, reaffirming the ongoing need for the local emergency declared by Resolution No. 20-17.
Resolution No. 20-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA REAFFIRMING THE ONGOING NEED FOR THE LOCAL EMERGENCY INITIALLY DECLARED ON MARCH 16, 2020.
5. Resolution No. 20-90 - Authority for Cal Recycle Grants - The California Department of Resources, Recycling and Recovery (Cal Recycle) requires a resolution authorizing the submission of grant applications and designated authority. This resolution authorizes the Director of Public Works or his/her designee to submit grant applications and to administer other functions related to the California Department of Resources, Recycling and Recovery recycling programs and grants.
The Interim Public Works Director recommends that the City Council should approve Resolution No. 20-90 designating the Director of Public Works as the authorized administrator for the California Department of Resources, Recycling and Recovery Grant Program and approving the submission of such applications.
Resolution No. 20-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE SUBMITTAL OF APPLICATIONS TO THE CALIFORNIA DEPARTMENT OF RESOURCES, RECYCLING AND RECOVERY FOR GRANT PROGRAMS.
6 AGENDA, La Verne City Council Meeting, Monday, December 21, 2020, Page 6
7. OTHER MATTERS
a. Resolution No.20-91 - Approving Class Specifications and Salaries for Community Services Manager, Community Services Coordinator, and Community Services Specialist as well as Authorizing Requested Position Changes - As a result of the approaching retirement of Community Services Director Bill Aguirre, staff has been evaluating ways to reorganize classifications and functions within the department to operate more efficiently. In order to facilitate the desired efficiencies, staff is recommending approval of Community Services job classifications and establishing associated salaries as well as authorizing requested position changes. In accordance with the City’s personnel rules and regulations, such changes require formal City Council approval.
STAFF RECOMMENDATION: The City Council should adopt Resolution No. 20-91 approving class specifications and salaries for Community Services Manager, Community Services Coordinator, and Community Services Specialist as well as authorizing position changes.
Resolution No. 20-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CLASS SPECIFICATIONS AND SALARIES FOR COMMUNITY SERVICES MANAGER, COMMUNITY SERVICES COORDINATOR, AND COMMUNITY SERVICES SPECIALIST AS WELL AS AUTHORIZING REQUESTED POSITION CHANGES.
b. Adoption of a Resolution No. 20-92, Authorizing Execution of a Disposition and Development Agreement with Brandywine Acquisitions Group, LLC - Brandywine Homes has proposed a new residential development at 3717 Fruit Street (APN 8666-017-028). Approval of the entitlements for the proposed project will be conditioned with a requirement to provide affordable housing units. The proposed Disposition and Development Agreement addresses the terms of fulfilling the City’s affordable housing requirements for the proposed project at 3717 Fruit Street, and more specifically, allows the conveyance of City-owned property on Walnut Street (APN 8378-007-907, 8378-007-908, and 8378-007-909) to Brandywine Homes for the development of the required affordable housing units.
STAFF RECOMMENDATION: The City Council should adopt Resolution No. 20-92 authorizing execution of a Disposition and Development Agreement with Brandywine Acquisitions Group, LLC (Attachment A).
Resolution No. 20-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BRANDYWINE ACQUISITIONS GROUP, LLC.
7 AGENDA, La Verne City Council Meeting, Monday, December 21, 2020, Page 7
c. Short-Term Rental Update - On November 16, 2020, the City Council of La Verne held a study session to discuss the Short-term Rental (STR) draft ordinance. The City Council provided staff with direction on some of the proposed modifications for STRs. Staff has made these modifications and will present them to the Council for further direction.
STAFF RECOMMENDATION: The City Council should review the proposed modifications to the draft ordinance and provide staff with direction on moving forward with public hearings for review of the draft ordinance or to make further modifications to the regulations
8. PUBLIC COMMENTS/ORAL COMMUNICATIONS - This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or 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. Please email your public comment to the Assistant City Clerk at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record. If you wish to speak, email your phone number and staff will call you back. There is a 3-minute time limit on public comments.
9. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS - Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended.
8 AGENDA, La Verne City Council Meeting, Monday, December 21, 2020, Page 8
10. ADJOURNMENT
Due to Limited Need and consistent with past practices, THE NEXT REGULAR MEETING of the La Verne City Council scheduled for Monday, January 4, 2021, at 6:30 p.m. will be cancelled.
Due to City Hall being closed on Monday, January 18, 2021, in observance of a legal holiday, THE NEXT REGULAR MEETING of the La Verne City Council is scheduled for Tuesday January 19, 2021, at 6:30 p.m.
The La Verne City Council thanks the residents for taking all precautions to prevent the spread of the COVID-19 Virus.
ADVISORY STAFF
____ Robert Russi, City Manager ____ JR Ranells, Assistant to the City Manager ____ Robert Kress, City Attorney ____ Lupe Gaeta Estrella, Assistant City Clerk ____ Dan Keesey, Interim Director of Public Works ____ Eric Scherer, Director of Community Development ____ Bill Aguirre, Director of Community Services ____ Mark Alvarado, Interim Finance Director ____ Nick Paz, Police Chief ____ David Segura, Interim Fire Chief ____ Dominic Milano, City Engineer ____ Bill Elftman, Information Services Manager
Posting Statement: On December 15, 2020, a true and correct copy of this Agenda was posted on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at cityoflaverne.org.
9 December 21, 2020, City Council Meeting Page No. 1
MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF LA VERNE Monday, December 7, 2020 (Study Session on District Voting)
1 ln order to minimize the spread of the COVID - 19 Virus, Governor Newsom issued an Executive Order that temporarily suspends requirements of the Brown Act. The Council Chambers was closed to the public, La Verne City'Couniil Members atiended this meeting telephonically, and meeting was live streamed on the City's website.
2. An adjourned meeting of the La Verne City Council was called to order by Mayor Hepburn at 5:00 p.m.
3. Pledge of Allegiance led by Mayor Hepburn.
4. Council Members present: Mayor Tim Hepburn Mayor Pro Tem Robin Carder Council Member Muir Davis Council Member Wendy Lau Council Member Rick CrosbY
Absent: None.
Advisory personnel Present: City Manager Robert Russi Assistant to the City Manager JR Ranells City Attorney Robert L. Kress Assistant City Clerk Lupe Gaeta Estrella
5. Council Study Session on The City Council met in a study session with City staff and consultant District Voting Dr. Douglas Johnson of the National Demographics Corporation on the District Voting process, and the pros and cons.
Mayor Hepburn called for public comment on this matter and waited for staff to check for public comment via telephone communication'
Telephone communication from the following La Verne residents. For further information on what was said during public comment, please visit the City's website to view the archived Council meeting.
Sherry Best Kathy Kalousek Jeff Bassler
Two public comments received via email (attached)'
No action was taken by Council or direction given to staff'
6. Adjournment at 6:16 P.m
Respectfully submitted,
Lupe Gaeta Estrella, CMC Assistant City Clerk
10 December 21, 2020, City Council Meeting Page No. 2
Estrella a Se C-L From: Jackson Salinas
I surveyed residents on Facebook about District voting my question was "Which system should we go for?" the majority have chosen 4 districts with an at-large Mayor'
I posted the same poll twice on Nextdoor. One in my Nextdoor group and one in the main feed. The results in my group were 50/50. The other one was the majority want 4 Districts with an at-large Mayor.
From the results of my polls. The majority wants the 4 districts with the at-large Mayor system.
I also have a couple of questions about this.
1. lf approved will this take effect during lhe 2022 election? 2. How big willthe districts be based on our Census Data?
1 11 December 21, 2020, City Council Meeting Page No. 3
Lu Estrella hcem/ox >-' nurl CL Guyrc.t Marlene Carney
Lupe: I realize that I missed the deadline for getting this comment in but here it is anyway.
Dear La Verne City Council Members,
I believe that there needs to be significant research done regarding district elections. lcertainly understand where some cities have gone this route given their large diverse populations (Los Angeles, Long Beach, Anaheim). La Verne is ismall city and ifeel that estrblishing council districts would create an environment wfrere tn6 community would expend a lot of energy fighting with itself rather lhan working toward decisions that would benefit the community as a whole.
letters from a I am also concerned over the fact that some cities that have gone this route have received like a speciiiC f"* ti- claiming the city was in violation of the California Voting Rights Act. This almost looks .lhakedown, tactic that-has forced sor" cities to go to diskict elections in order to avoid costly litigation. I am have Latina and considered a member of a "protected ciass" according to the law firm referenced earlier. I for district lived in La Verne for 17 years and feel ihat I have been fairly represented. I do not see the need elections at this time.
Thank you.
1 12 December 21, 2020, City Council Meeting Page No. 4
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA VERNE Monday, Decembet 7, 2020
issued an Executive Order that I ln order to minimize the spread of the COVID-1g Virus, Governor Newsom public La Verne r"qirir"."nti ot ihe Brown Act. The council chambers was closed to the i"rpoiriiry rripi.u. citv's b,tv'Cir"lii1aJnuers atienaeo itril meeiing terephonically, and the meeting was live streamed on the website. annual christmas Tree Lighting 2 Prior to commencement of the city council meeting, a screening of the city's bJiiiiriv-irirtrrriwas prayea. elcn city Councitluembers wiihed the community happy holidavs.
3 AregularmeetingoftheLaVernecitycouncilwascalledtoorderbyMayorHepburnat6:36pm.
4 Council Members Present: Mayor Tim HePburn Mayor Pro Tem Robin Carder Council Member Muir Davis Council Member Wendy Lau Council Member Rick Crosby
Absent: None.
Russi Advisory personnel Present: ciw Manaoer Robert Asiistant t-o tne City Manager JR Ranells Citv Attornev Robert L. Kress Asiistant ciiy Cterk Lupe Gaeta Estrella
4. Pledge of Allegiance was led by Mayor Hepburn' public announcements and waited for staff to check Announcements of upcoming Mayor Hepburn called.for 5.- communication. community Events for Lny announcements via telephone the La Verne One phone communication from Sherry Best, President of iistoricat Society announcing that the irew historical book titled'La Verne' purchase along with writien Uy La Veine Historian-Bill Lemon is available for f visit tne La verne Historical societv website for *l#in?j*:ljlroeiettv.
Carder' seconded by Lau' and unanimously carried to accept' 6. Consent Calendar lt was moved by approve, or act on the Consent Calendar items
the regular and adjourned meetings of November Clty council Minutes 16, 2020, received and filed.
n amount of $171 ,991 .36, dated Demands T the Register of Audited November I' November 4, 2020, in the amount of $1,280 ,647.16, dated 19,2020. 2020i and in the amou nt of $'l ,765,515.53, dated November Alvarado. Approved as recommended by the lnterim Finance Director
13 December 21, 2020, City Council Meeting Page No. 5 City Council Minutes, Monday, December 7, 2020, Page 2
Resolution {sl passed & adopted, as recommended, as follows:
Resolution No. 20-85, Resolution o. 20-85 - Authorizino on of a Second endment Authorizing Execution of a to a Groun Lease Aoreement with NCWPCS MPL 27-Year Sites Towel Second Amendment to a Holdincs. LLC. - ln September 2019, the City Council authorized execution of Ground Lease Agreement with an amendment to a Ground Lease Agreement with NCWPCS MPL 27-Year NCWPCS MPL 27-Year Sites Sites Tower Holdings, LLC, on behalf of AT&T, instituting new lease terms Tower Holdings, LLC for an existing wireless communications facility at Kirk B. Johnson Memorial - Pelota Park located at 15OS Holly Oak Street. NCWPCS MPL 27-Year Sites Tower Holdings, LLC, is requesting a Second Amendment to the Ground Lease Agreement to reflect a proposed expansion to the ground lease area to accomhodate a new equipment enclosure housing a new back-up diesel generator serving the existing wireless communications facility.
Assistant Planner McCurley recommended that the City Council adopt Resolution No. 20-85, authorizing execution of a Second Amendment to a Ground Lease Agreement with NCWPCS MPL 27-Year Sites Tower Holdings, LLC for the lease of an additional 120 sq. ft. area of Kirk B. Johnson Memorial - Pelota Park located at 1505 Holly Oak Street in order to accommodate a new equipment enclosure housing a back-up diesel generator serving the existing wireless communications facility (Attachment A).
Resolution No. O-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO A GROUND LEASE AGREEMENT WITH NCWPCS MPL 27.YEAR SITES ToWER HOLDINGS, LLC (property location: 1505 Holly oak Street; Kirk B. Johnson Memorial - Pelota Park). Approved.
7, Public Comment This was the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda Mayor Hepburn called for public comment and waited for staff to check for public comment via telephone communication.
Telephone communications from the following La Verne residents For further information on what waa said during public comment, please visit the city's website to view the archived council meeting.
John Wilson Jeff Bassler Terry Prentice (Public Comment aftached)
Two public comments received via email (attached). violations I Mayor Hepburn Update on Mayor Hepburn reported on the city's enforcement of COVID-19 covlD-19 He;tated that thebity would first encourage compliance with the guidelines and provide education. He stated the City Council is in f]'ll support of local businesses and he reported on the County's Grant and City's Business Assistant Grant Progrims. He reminded everyone, that like before; the community can pull together and slow down the spread of COVD-1g. He reminded Lvery6ne oflhe importance of wearing a mask, social distancing and washing your liands. He urged residents to support local businesses and resturantrs by shopping and ordering takeout in La Verne.
14 December 21, 2020, City Council Meeting Page No. 6 City Council Minutes, Monday, Oecember 7, 2020, Page 3
9. City Council Comments Council Member Crosby stated that these were trying times due to the COVID- 19 pandemic and with the closure of the restaurants, but that it was important to iontinue maintaining safety precautions. He urged residents to stay safe, take care of your loved ones and to shop La Verne.
Mayor Pro Tem Carder announced that La Verne Community Services Dir6ctor Bill Aguirre is retiring at the end of December, 2020. She stated that Tri-City Mental Health Authority would be honoring Mr. Aguirre for his 20 years plus oi service and his contribution serving on the Tri-City Mental Health Authorlty Board. She asked the community that next time they went grocery shoppin! to thank the grocery market employees who have been out front Ouring the COVID-19 fandemic. She wished everyone Happy Holidays.
Council Member Davis reported on the Cultural Awareness and Social lnclusion Committee and the Pomona Valley Transportation Commiftee meetings. He wished Community Services Director Aguirre the best on his retiremEnt. He suggested that residents should reach out to their State and Federal representitive for a care package. He wished everyone a Happy Hanukkah.
Council Member Lau stated that these were strange times, and no one has to agree on everything, but to remember to extend kindness and to be respectful wTth each other. She stated that the holidays will be different this year and that it was very important to reach out to family and friends. She wished everyone a Happy Hanukkah.
City Manager Russi reported that Community Services Director Aguine would be recognized on his retirement at the next City Council meeting'
Mayor Hepburn stated that the City Council is working diligently with the Los Andeles iounty Supervisors in trying to reopen La Verne He stated it was imiortant to reich 6ut to friends and neighbors He reqgrt-eg^o-n the City's wi'nier Wonoertand drive-through event on December 19, 2020 at City Hall oarkino. He stated that this yetr, the annual Christmas Day event would be biffere-nt. Santa Claus is stilicoming to La Verne neighborhoods, but will not will be accompanied by runners delivering bags of candy. The bags of candies pick Ue nanOpb out at tire Winter Wonderhnd event and residents can up their bag ofcandy at La Verne City Hall from December 21-23, 2020 He assured tnjcommuriity tnat the annual Christmas tradition would continue'
Mavor Pro Tem Carder shared a few comments on the passing of Brian tttt"il"tn"y, past CEO of the La Verne Chamber of Commerce and the communifr;s'unofficial Mr. La Verne; She stated Brian leaves a big void in La Verne.'She stated that Brian was a hero and he loved everyone' He volunteered on Veterans events, on the Fourth of July Committee and many other events. She stated that from her bottom of her heart she gives her sincere sympathy to his family and that La Verne also feels the loss'
15 December 21, 2020, City Council Meeting Page No. 7 City Council Minutes, Monday, December 7, 2020, Page 4
10. Adjournment at 7:06 p.m. in memory of Brian McNerney, past cEo of the La verne chamber of Commirc" the clmmunity's unoificial Mr. La Verne, passed away peacefully in_his sleep_on Thanksgiving morning. He"nO was born 76 years ago in Staten lsland, New York and raised in Queens. Brian's parents jtiesiei service to humanity'and bui-lding positive relationships as a way of life for.young Brian and his sister, Marr""n. He graduated froh Archbisho-p Molloy High School and completing a bachelor's degree at St. Francis U"ire"ity. He started his first career as a teichei. He later entered the corporate sales market and he was a in naturat-O6rn satesman quickly rising to the ranks of vice-president of sales and marketing. He stayed ,"*"ting for three deiadei and liter joined the communications field as a Tidbits publicat'lons manager, where join Dimas he disco-vered chamber of commerc€ work when Tidbits paid for his membership to the San chambe/s Chamber ot Commerce. Brian threw himself wholeheartedli into business community. He won the Year. He also imbassador of the month six consecutive times in 2006 anil was then named Ambassador of the then-troubled volunteered for La Veme programs. ln September 2006, he was named executive director of the ta veine Chamber of Comierce. Brian helped bring business, community, school and municipal leaders and partnered othgP stage, such as. *f rnt""L togith"r tnrougtr projects he eithei initiated or the chamber with J9 b;;i i;;.h;E ilards; eipa'nsi6n ot A Taste of La Verne; theWineWalk; participation.in U^LV student outreach ;i,i.;;il; pr"grimsi suiport tor t-a Verne Fire Departmenf s Spark of Love toy collection; Shop La Verne promotion campaign, and more. in Matthew He is survived by his wife of 50 years, carol Ann; his daughler, Lee Ann sheridan: son law, giandson/nameslke, brian Edward 'Little- B" Brian was a strong proponent ofthe Sneri*an, and .sheridan. positive givebi;['pnifos;phy, and his gregarious personality, willingness to jump in and help whenever necessary, itiiira" trign r6garO tor 6tn6rs made him a highly effective chamber executive director' "iO Respectfully submitted,
Lupe Gaeta Eshella, CMC Assistrnt City Clerk
16 December 21, 2020, City Council Meeting Page No. 8
Estrella Derernh,v AolO Cou-rrVt tl'tte*t From: Jackson Salinas
This is regarding the regional stay at home order what Governor Newsom is saying about the ICU capacity regardinglis relional roy u, home order is false. He is trying to scare us by tying. Here are some screenshots from Jusiin Harts Twitter and an article about the ICU capacity from one of the screenshots. Here is his link to his post: https://twitter.com/justin-hart/status/1334599014474338306?s:21
1 17 December 21, 2020, City Council Meeting Page No. 9
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Gavin l\mwsonl is scffiffirn$ruG V There is nc data tn silpport cffirnrmuruity spread In ffiily mf q$I p ffic#s l'lm [s c ffisHnG dmwn.
Areas ar# *losing drown when-l cffipffirity fells ffiELOW S5% I rildf todffiruMAL &$ BL g* frAFeilHTY ffiffi t ALWAYS &ffiffiVffi 85%s!
2 18 December 21, 2020, City Council Meeting Page No. 10 3 a to know much I ore than basic I 1t I I ICU bed occupancy rates (26). For ex
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4 19 December 21, 2020, City Council Meeting aren'I unn Page No. 11
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3 20 December 21, 2020, City Council Meeting Page No. 12
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5 21 December 21, 2020, City Council Meeting Page No. 13
I Estrella Decert'r,be 20ZA d:-or,r,nct
From: Jackson Salinas
Hello Mr. Mayor, Council Members, and Mr. Russi. I am emailing you to have a specialcouncil meeting to defy the outdoor dining ban from Los Angeles County, and to join the lawsuit filed by the California Restaurant Association as well as getting neighboring cites to form a coalition that will defy the order as well. For the sake of our residents and ou-r busiiessLs plea-e do what's right for the public and our local economy. lf our restaurants have to go back only for take out or delivery it is going to make things worse for them.
I hope you take this into consideration.
Sincerely, Jackson Salinas
1
22 December 21, 2020, City Council Meeting Page No. 14 kica^rrh+r 7, ZDZ.> Co..lr., I rVe*rl5 Pu-bl.t.t (-onrrnriidu*S
For Dec 7, 2020
Good evening Council Members, Mr Russi
After a critical review ofthe Fire Study, by Messina & Associates, what was not detailed in the report is the huge unresolved financial problem of uncontrolled overtime of LACFD.
This uncontrolled financial issue has been reported by both the major newspapers in Los Angeles, the LA Times and the LA Daily News, for the past two decades. Recent articles in these newspapers have pegged the overtime forthe past several years at LA County Fire in excess of 200 million dollars annually.
This overtime issue has compromised the LACFD budget for a number ofyears as they have had to forego establishing a Capital Replacement Fund to replace outdated and obsolete equipment due to the obligation to cover overtime pay.
The Fire Study by Messina does document County Fire having no Capital replacement Fund.
This problem is evidenced by the 1.3 billion dollar bond issue that was presented to county voters last March to replace fire equipment that was outdated by over 20 years' That bond issue was defeated by the voters. Further the Cou nty Board of Supervisors has over the past 5 years increased the amount of property tax revenue to the LACFD by 30%'
Any organization that does not have in place a structured Capital Replacement Fund has in effect placed a sunset clause on their operations. The result is having fire apparatus that is decades old reducing their effectiveness and reliability and the ability to respond to disasters. The current operational plan by LACFD is not sustainable in the long term.
This begs the question of where LACFD is going to get the money to pay for the much needed equipment upgrades. Contract cities isthe most logical source becausethose Cities have no other alternative once they commit all their firefighting resources to LACFD. They cannot afford to go back and start all over.
The contract proposal from LACFD is not good for La Verne from a financial perspective. They start with the first year of the contract just below what the City budgeted for this current year with very little investment from the county. Then for the next four years they have an annual increase capped at 5.5% each year. This is over three times the average US inflation rate for the past decade, which is L.77ok. Then in the sixth year and subsequent years the increases would be the average of the previous four years plus an additiona I one percent. This increasing level of costs cannot be sustained without compromising other City departments lowering the level of service to our citizens.
23 December 21, 2020, City Council Meeting Page No. 15
Ask yourselves, "why would our city leaders throw us into this pending quagmire of financial disaster"? Sure, there are problems currently in our Fire Dept but booting the problem over to the county does not resolve the problems. lt merely postpones the initial problem and creates a much larger problem for the future. Kicking the can down the road is a plan, but it's a horrible plan, both from an operational and financial perspective'
le Pruat< fYvr GA
24 December 21, 2020, City Council Meeting Page No. 16
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25 December 21, 2020, City Council Meeting Page No. 17
CITY OF LA VERNB RBGISTBR. OF AIJDITED DEMANDS t2B.t2020
DEIT,IANDS PRESENTED IIAVB BEEN ATPROVED CO}{IIISIINT Wml THE CITYS PURCHASING/FIrIIDINO POLICY AI,ID IIAVB BEE{ REvIEwm BY THE INIERM FINA},ICE DIRECTOR FOR ACCI'RACY AND PROPER APPR,OVAL.
SIJMMARY OF DEMANDS
LARGEST I O CITY DEMAND PAYMEI{TS OTHER TIIAN PAYROLL AND &ELATED BENET{TS.
I. 619.8II.5? THREE VALLEYS MIJMCIPALWATER, DIST. WATER, PTJRCHASES. OCTOBER 2O2O 2. 19t,990,76 WASTEMANAGEMB'IT REFUSB SERVICES - OCTOBER 2O2O 3. I9,5oo.oo NoBEL SYSTEMS GEOVIEV/ER MOBILB SUBSCRIMON - JANUARY 2O2I TO DECBT,BER,2o21 . 4. I7 ,?32,99 GREENSCAPB MAINTENANCB SER,VICES, INC, CITY \'iIIDE MAINIENA}ICB NOVEMBER 2O2O 5. t,527.50 TRIPEPI SMIII| CONSI,'LIING SERVICES. OCT.2O2O AI'ID MOI{TIILY RETAINER,NOV.2MO 6. 5,155.2s KrxrEL. XILMER INVESIIGATryB SERVICES - OCTOBER AI,ID NOVEX{BR 2020 1. 4:727.25 BABCOCK I"ABOR4'TORIES,INC. WATBR TREATMET{T SERVICES S. 4,1t3.?3 ATKINSONA}IDBLSONJOYA.RUI'D & ROMO POUCELEGAL SERVICES - OCTOBER 2O2O . 9. 3,406.40 DE NOVO PLANNING GROT,P CONSTJLTING SERVICE!} . LA VERNE OE.IMAL PLAN UPDATB NOV. 2O:IO IO. 3,405,42 BRBNNTAG PACIFIC,INC. WATER' SIJPPLY PT'RCHASES. NOVEMBBR 2O2O 26,046.79 OTHER DEMAI'IDS $ 91u87.66
DEMANDS OF $5,070.55 WERE PAID OI.I BEIIAIf OF L"AIMPACT FOR LAW ENFORCE}{ENT TASK FORCE OPERATIONS.
IN ACCORDANCE WnI{ GOVBRNMENT CODE SBCTION 3202, I HEREBY CER,TIFY TIIAT TItrS III A TRI'E A}'ID ACCI'RAIE REGISIER OF AUDITED DEMANDS,
FINANCE DIRECTOR
Page I of3 26 December 21, 2020, City Council Meeting Page No. 18 CITY OP LA VERNE REGISTER OF AIjDIIED DEMANDS - E)GIIBIT A t2BD020
CIIECKNO. AMOUNT ISSI.'ED TO 153519 $ 300.00 AXS ENTERTAINMENT 153520 1,800.00 ARAGON,RICHARD 1s35Zt n6.78 AT&TMOBILITY 153522 4,183.73 ATKINSON,ANDELSON,LOYA,RI,JI,JD & ROMO 153523 3,405.42 BRENNTAG PACIFIC, INC. 153524. 57.00 CHRISTOPHER BORCHERT, 153525 70.82 CM SCHOOL ST,IPPLY CO. 153526 125.00 CMRTA t53527 111.00 DEPARTMENT OF PI,JBLIC HEALTH 153528 3,40,6.40 DE NOVO PLANNING GROIJP 153529 247.50 FLORES, COLLEEN 1s3530 306.E5 FRONTIER COMMUMCATIONS 153531 494.36 INLA}ID VALLEY DAILY BIJLLETIN 153532 33.00 JAMES WOLF 153533 2,387.00 KARR, GEORGE r53534 5,15s.2s KILMER,KEMHL. 153535 57.00 KYLE BORCHERT 153536 19.00 KYOCERA DOCUMENT SOLUNONS WEST 153537 1,000.00 I,,A VERNB POLICE DEPARTMENT 153538 1,190.53 LBSLIE S POOLMART, INC. 153539 1,939.00 LIEBERT CASSIDY WHITMORE 153540 51.24 MARTINEZ,WONNE 153541 539.t7 MAYE&VEiRIINIA 153542 1,695.00 MCLAY SERVICES,INC. 1s3543 150.00 MEDICAL DIAGNOSTIC LABORATORY, LLC 15354/ 35,00 NICOLB VUONG INSI,JRANCE AGENCY 153545 10.68 OFFICE DEPOT 153546 33.00 PACIFIC TELEMANGEMENT SYSTEMS 153547 372.30 PARADISE EMBROIDERY & SCREEN PRINT. 153548 450.00 PROTECOAT 153549 203.70 REGIONAL TAP SERVICB CBNTER 153s50 257.31 TERRIQI,JEZ, RIGO 153551 373.30 TIME }VARNER CABLE t53s52 64.00 TR,IPEPI SMITII 1535s3 8,5n.50 TRIPEPI SIvtrTlI 153554 933.49 UNITED WATER WORKS, INC. 153555 198,990,76 WASTEMANAOBMENT 1s3556 3,125.00 WAYNE ENTtsRPRISES, INC. ETT 48,07 ALL STAIE POLICE EQI,'IPMENT CO. EFT 2,r98.50 AM.TEC TOTAL SBCI,'RITY, INC. EFT 4,7n,25 BABCOCK LABORATORIES, INC. EFT 2,230.14 CALIBER COMMERCIAL POOL SERVICE EFT u2.00 COITEGIATE PRESS EFT 17s.00 D F POLYGRAPH EFT 17,732.99 GREENSCAPE MAINTENANCE SBRVICES, INC. EFT 1,100.00 HI-WAY SAFETY,INC. EFT 211,23 I,,A YERM POWBR EQUIPMENT, INC. EFT 425.00 LAW ENFORCEMENT MEDICAL SERVICES EFT 19,500.00 NOBEL SYSTEMS EFT 619,811.57 THREE VALLEYS MUNICIPAL WATER DIST. EFT 208.72 TJNDERGROUND SERVICE ALERT OF SO CAL grr4i7.66
15,070.55 Total LAIMPACT D€rnands Page 2 of 3 27 December 21, 2020, City Council Meeting Page No. 19 CITY OF LA VERNE REGISTER OF AI,'DITED DEMANDS . EXHIBIT A pBn020
CHECKNO. AMOIJNT ISSI,'ED TO oonanosT-@I5l-
LAIMPACT Law Enforcement Task Force Dcmands 1535r3 5,000.00 APPLIED INFORMATION SCIENCES CORP. -rotd153514 900.00 CHAR'IER COMMUMCANONS 153515 3,490.05 CITY OF PASADENA 1s3515 v2.s0 DYNAMICMETHODS 1535t7 3,0EE.00 LOS ANGELES COI]NTY SHERIFFS DEPT. MI,JLTIPLE 2,500.00 LAI EX{FORCEMENT OPBRATIONS Total $ 1s,070.s5
LAIMPACT dsmands arc paid from fcdcral asset forfeitu€ dollrrs sllocat€d to L,AIMPASr crime prcvcntion activitics. Ttcse fiuds are not City fimds and arc not availablc for City usc ouEide of LAIMPACT activities.
Page 3 of 3 28 December 21, 2020, City Council Meeting Page No. 20
CITYOFLAVERNE REGISTER OF AUDMED DEMANDS ta9n020
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WTII THE CITY'S PURCHASING/FI.'NDING POLICY AND HAVE BEEN REVIEWED BY TTIE INTERM FINA}.ICE DIRECTOR FOR ACCI]RACY AND PROPER APPROVAL.
SI.JMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
AMOIJNT ISSI.'EDTO DESCRIPTION l. 97t,094.72 ALL AMERICAN ASP}IALT PROGRESS BILLING #I - CANYON VIEW GRIND AND OVERLAY IMPROVEMENT ,, 191,748.00 D&HWATERSYSTEMS EQIIIPMENT DELIVERY - GALLON TANK, BRINE MAKER & SYSTEM EQUIPMENT 3. 112,072.t0 GENERAL PUMP COMPANY AMHERST WELL 10" LINER - FURNISH AND INSTALL 4. 48,857.30 PORTER CORP. STEEL SHELTER FOR KIJNS PARK 5. 9,399.50 SIERRA PACIFIC ELEC. CONTRACTING MONTHLY MAINTENANCE AND SERVICES - NOVEMBER 2O2O 6. 8,78s.60 DEPARTMENT OF HEALTH CARE SERVICES lST QUARTER QUALITY ASSIJRANCE FEES 7. 8,091.01 WEST COAST ARBORISTS, INC. TREE MAINTENANCE - NOVEMBER I ST, 2O2O TO NOVEMBER I 5TH, 2O2O 8. 6,970.50 MCLAY SERVICES, INC. MONTHLY MAINTENANCE AND SERVICES - ruLY, AUG, OCT, NOV. 2O2O 9. 6,444.00 ENVIRONMENT CONTROL PUENTE HILLS MONTHLY CLEANING SERVICES - NOVEMBER AND DECEMBER 2O2O 10. s,812.50 VIGILANT SOLUTIONS INVESTIGATIVE DATA PLATFORM - SEPTEMBER 2O2O TO JI'NE 2O2I 88,803.37 OTHERDEMANDS $ 1,458,078.60
DEMANDS OF $I,239,57I.27 WERE PAID FOR PAYROII AND EMPLOYEE BENEFIT REI,^A'IED NEMS.
DEMANDS OF $34,898.00 WERE PAID ON BETIALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
IN ACCORDANCE WTTH GOVERNMENT CODE SECTION 37202, I TIEREBY CERTIFY THAT THIS IS A TRI,JE AND ACCI.'RATE REGISTER OF AUDITED DEMANDS.
INTERIM FINANCE DIRECTOR
Page I of6 29 December 21, 2020, City Council Meeting Page No. 21 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS . EXHIBIT A 12t9t2020
CHECKNO. AMOLINT ISSUED TO 153557 $ 45.00 ACTION AWARDS,INC. I 53558 3,500.00 AGILINELLC I 53559 13.85 ALBERTSONS/SAFEWAY I 53560 971,094.72 ALL AMERICAN ASPHALT I 53561 90.00 AMANDAGURTIS 153s62 90.00 AMY CLANCEY
1 53563 165.00 AMY KELLY I 53564 90.00 ANDREAROSELI I 53565 145.00 ANN ADAMIAK t53566 90.00 ANN GROVES 153567 49s.00 BACKFLOW SOLUTIONS, INC. I 53568 90.00 BERNADETTE ALTAMIRANO I 53569 90.00 BERNADETTE DINCIN t 53570 249.24 BIEDERMANN, REBEKAH I 5357 r 66.09 BLOOMINGVIEW r53572 225.00 BRITTANY ELLIS 153573 90.00 BRITTANY SOMBORGER 153574 926.25 CALIFORNIA COMPUTER SCHOOLS, INC. I 53575 105.10 CARE AMBULANCE SERVICE,INC 153576 90.00 CARLOS SILVA 153577 375.83 CHARTER COMMUNICATIONS 153578 90.00 CHRISTYBUEHLER 153579 396.32 COLLEYFORD l 53580 90.00 CONCONGGONG I 5358 l 90.00 COURTNEY SNIDER
1 53582 90.00 CYNTHIA ROSALES 153583 191,748.00 D&HWATERSYSTEMS I 53584 100.00 DANCO ANODIZING,INC. l 53585 362.62 DANIELS TIRE SERVICE 153586 90.00 DAVID CASTILLO I 53587 165.00 DAVID JOUZI I 53588 90.00 DAVIDWES I 53589 159.65 DETAILER'S CHOICE, INC. I 53590 90.00 DIANEWEINREB I 53591 90.00 DIVINAPOBLETE 153592 90.00 EILEENAZEPEDA I 53593 165.00 ELISA BLACKMON t53594 880.14 EMBLEM ENTERPRISES, INC. I 53595 70.00 EMILY GATES I 53596 46.22 EVERSOFT 153597 410.71 EWING IRRIGATION PRODUCTS l 53598 453.78 FEDEX 153599 90.00 FIRAS TOTRI I 53600 253.38 FRONTIER COMMUNICATIONS I s3601 798.00 FULL CIRCLE TRAINING SOLUTIONS t53602 90.00 GEORGEALESH I 53603 500.00 GMC ELECTRICAL,INC. I 53604 141.57 GOLDEN STATE WATER COMPANY l 53605 90.00 HEATHEROLTHOFF 153606 397.71 HOLLIDAYROCKCO. l 53608 5,665.14 HOME DEPOT CREDIT SERVICES
1 53609 212.55 HUB CONSTRUCTION SPECIALTIES r53610 2,426.24 IDECO,INC. 15361 I 473.r2 INLAND VALLEY DAILY BULLETTN 153612 4,135.00 INTELLI-TECH
Page2of 6 30 December 21, 2020, City Council Meeting Page No. 22 CIryOFLAVERNE REGISTER OF AUDITED DEMANDS . EXHIBIT A 12t9t2020
CHECKNO. AMOUNT ISSUED TO 153613 70.00 JACLYNGARAY 1536t4 90.00 JEFF BRADLEY 153615 90.00 JENNIFERCUEVO 153616 90.00 JENNIFERHOUSHOLDER 153617 165.00 JENNIFERKIM 15361 8 90.00 JENNIFERO'DONNELL I 53619 90.00 JENNIFERWHELAN 153620 90.00 JOHN GATELY ts362l 90.00 JOLISAGRIMMER 153622 165.00 JOSIE FARES t53623 90.00 JOTANNA CARRETINO 153624 90.00 ruLIE VILLEGAS 153625 426.30 K&MTOOLS,INC. 153626 r50.00 KARIKETTERLING 153627 1s0.00 KELLIERACINE t53628 90.00 KELLY SALAZAR 153629 269.00 KME FIRE APPARATUS 153630 90.00 KRISTY VALLES I 5363 I 1,990.00 L.A. COUNTY REGIONAL TRAINING CENTER 153632 300.42 LA VERNE PETTY CASH
1 53633 207.28 LA VERNE POLICE DEPARTMENT 153634 160.00 LALEHMELSTROM 153635 165.00 LAURIE JENKINS 153636 210.00 LESLEE RODRIGUEZ 153637 90.00 LETICI.A MENDOZA-COBERY 153638 1,223.52 LIFE.ASSIST I 53639 885.00 LIGHTNING OIL CO.,INC. 153640 90.00 LISABUNTON 15364t 90.00 LISANAGEER 153642 90.00 LIZFRANCO 153643 90.00 LIZAGONZALEZ 153644 90.00 LOREN LOCKETT 153645 90.00 LORRAINEJURADO 153646 500.00 LOS ANGELES COI.JNTY POLICE CHIEFS' t53647 1,652.23 LOWE'S 153648 50.14 THOMAS LOZANO 153649 90.00 M. VANVALKENBURGH I 53650 1,012.00 MAK FIRE PROTECTION ENGINEERING & CONSULTING INC. I 5365 l 90.00 MALARIE COBERG t53652 74.75 MARAMANAGEMENT I 53653 150.00 MARENWIGGENHORN 153654 90.00 MARIAHARVEY r53655 46.81 MARTINEZ, MICHAEL 153656 6,970.50 MCLAY SERVICES,INC. 153657 150.00 MEGAN BELL r53658 90.00 MELANIECARROLL 153659 90.00 MELISSA MORENO I 53660 90.00 MICHELLEDANISON I 53661 420.00 MNS ENGINEERS,INC. 153662 210.00 NADINEABOULHOSN 153663 90.00 NANCYBURKS 153664 90.00 NANCY ORTIZ l 53665 90.00 NATALIE CRAVEN 153666 150.00 NATALIELAWRENCE 153667 62.81 NEWMAN,JUSTIN
Page 3 of 6 31 December 21, 2020, City Council Meeting Page No. 23 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - EXHIBIT A t2t912020
CHECKNO. AMOUNT ISSUED TO I 53668 90.00 NICOLE CEPEIDA 153669 90.00 NICOLE OLIVER 153670 40.78 OFFICEDEPOT 153671 5,286.64 PARKHOUSE TIRE,INC. 153672 s09.18 PATTON SALES CORP. t53673 275.00 PLAZAFOOTHILL SYSTEMS 153674 48,857.30 PORTERCORP. 153675 3,73 1.00 PREMIER FAMILY MEDICINE ASSOCIATES 153676 70.00 QI,AN WANG 153677 90.00 RICH BURGOYNE 153678 3,464.00 ROYAL NETWORK IT SOLUTIONS 153679 90.00 RYAN WILTSEY 153680 90.00 SALLYRAAB r53681 75.91 SANDERS LOCK & KEY l 53682 225.00 SANTOS FREGOSO l 53683 1s0.00 SARAHORSLEY l 53684 121.52 SATELLITE PHONE STORE 153685 719.13 SCIENTIA CONSULTING GROUP, INC. 153686 225.00 SCOTTHEATON
1 53687 9,399.50 SIERRA PACIFIC ELEC. CONTRACTING 153688 203.58 SMART & FINAL IRIS CO, I 53689 290.37 SNAP.ON INDUSTRIAL I 53690 1,091.48 SPRAGUES" INC, I 53691 697.36 T-MOBILE 153692 30.00 THOMASMEAGLI.A l s3693 90.00 TIFFANYNEWMAN 153694 298.88 TIME WARNER CABLE 153695 90.00 TOMGREENWAY 153696 90.00 TOMROCHE 153697 1,562.45 U.S. POSTMASTER 153698 19.98 UPS 153699 2,419.05 VERIZON WIRELESS 153700 165.00 VERONICATORRES 153701 5,812.50 VIGILANT SOLUTIONS 153702 128.16 VISTA PAINT CORPORATION 153703 1,088,00 VITAL MEDICAL SERVICES,LLC 153704 4,641.90 WAXIE SANITARY SUPPLY 153705 271.9r WEXBANK 153706 90.00 WILLI.AMETUE 153707 287.46 WMHS VERNON COLLECTION I 53708 50.00 1475 FOOTHILL PROPERTY, LLC BANKDRAFT 8,785.60 DEPARTMENT OF HEALTH CARE SERVICES EFT 91.50 AM.TEC TOTAL SECURITY, INC. EFT 235.44 AMAZON CAPITAL SERVICES, INC. EFT 150.00 CALIFORNIA LANDSCAPE & DESIGN EFT 349.15 COLLEGIATE PRESS EFT 6,444.00 ENVIRONMENT CONTROL PUENTE HILLS EFT 112,072.10 GENERALPUMP COMPANY EFT 273.72 GRAINGER EFT 2,033.01 GREENSCAPE MAINTENANCE SERVICES, INC. EFT 1,159.90 HI-WAY SAFETY,INC. EFT 585.75 INTERSTATE BATTERY INLAND VALLEY EFT 44.97 KRONOS INCOFJORATED EFT 2,272.00 NOBEL SYSTEMS EFT 120.83 OFFICE SOLUTIONS Page4 of 6 32 December 21, 2020, City Council Meeting Page No. 24 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - EXHIBIT A 12t9t2020
CHECKNO. AMOUNT ISSUED TO EFT 60s.16 ORANGE LINE OIL COMPANY, INC. EFT 250.00 PEST OPTIONS EFT 326.08 POMONA TRUCK & AUTO SUPPLY EFT 1,500.00 POMONA VALLEY TRANSPORTATION AUTHORITY EFT 3,523.93 SALTWORKS,INC. EFT 1,274.15 SKYLINE SAFETY AND SUPPLY EFT 2,031.93 SOUTH COAST EMERGENCY VEHICLE SERVICES EFT 1,795.00 SWAGIT PRODUCTIONS, LLC EFT 8,091.01 WEST COAST ARBORISTS, INC. EFT 1,463.34 WESTERN WATER WORKS 1,458,078.60
1,239,571.27 Total Payroll and Employee Benefit Payments Total LAIMPACT Demands Total Demand ffi
+Payroll and Employee Benefit Paymens: 153715 $ 1,986.12 AFLAC 153716 1,007.69 STATE OF CALIFORNIA 153717 3,142,52 DELTA DENTAL INSURANCE COMPANY I537I8 11,787.32 DELTA DENTAL 153719 460.00 CITY OF LAVERNE EMPLOYEE FUND 153720 I,335.00 FIDELITY INVESTMENTS #P0754 153721 6,480.I I THE HARTFORD-PRIORITY ACCOUNTS 153722 16l,19l.3l HEALTHNET 153723 72,376,26 KAISERFOUNDATION HEALTH PLAN 153724 I,335.4I METLIFE - GROUP BENEFITS t53725 881.50 A.C. NEWMAN CO. 153726 27,00 LINITED WAY CAMPAIGN BANK DRAFT 45,222,41 CALIFORNIA, STATE OF BANKDRAFT 134,976,87 CALIFORNI.A, STATE OF BANK DRAFT 47O.OO MASSACHUSETTS MUTUAL LIFE INSURANCE - ROT}I BANKDRAFT 24,477.93 MASSACHUSETTS MUTUAL LIFE INSURANCE BANKDRAFT 1,579,76 STATEDISBURSEMENTUNIT BANKDRAFT 137,155.00 UNITED STATETREASURY BANKDRAFT 623,516.77 PAYROLLII/2212020TO1210512020 EFT 2,456,60 CHARLES SCHWAB BANK EFT 2,886.25 LAVERNEFIREASSOCIATION EFT 2,246.28 LA VERNE POLICE OFFICERS ASSOCIATION EFT I,75O.OO RUSSI, CHRISTINA EFT 721,16 WAGEWORKS INC. EFT IO2.OO WAGEWORKS-ADMINFEE Total $ 1,239,571.27
Break down of standard providers and the benefits they provide ffi Provider Benefits DescriPtion Delta Dental Employee dental insurance coverage The Hartford Life Insurance Policy Health Net Employee health insurance Kaiser EmPloYee health insurance Wage Works Flexible Savings Account (FSA) deductions US Treasurey Employee federal ta< withholdings State of California Employee state income tan, unemployment insurance and child support/gamishments Mass Mutual A 40lA Plan Page 5 of 6 33 December 21, 2020, City Council Meeting Page No. 25 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS . EXHIBIT A t2t9t2020
CHECKNO. AMOUNT ISSUED TO Mass Mutual B 4578 plan Mass Mutual Roth Roth plan Lincoln National Replacement Social Security plan Fire/Police/La Veme Employee Group Dues
LAIMPACT Law Enforcement Task Force Demands 153709 187.00 CODE 5 GROUP, LLC. 153710 I,131.00 TOTAL NETWORK SOLUTIONS 15371 l 280.00 TRANSLINION RISK & ALTERNATIVE DATA MULTIPLE 33,300.00 LAI ENFORCEMENT OPERATIONS Total $ 34,898,00
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities.
Page 6 of 6 34 December 21, 2020, City Council Meeting Page No. 26
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35 December 21, 2020, City Council Meeting Page No. 27 City of La Verne Treasurer's Report for the Month Ended July 31st, 2020 Portfolio Summary during the month of July. The weighted average maturity of the portfolio decreased from 131 days on June 30 to 104 days (.29 years ) on July 31.
- During the month of July, the City's total cash and investments decreased by $1,795,704. The significant cash receipts and disbursements (registers of audited demands) are listed below.
Treasurer's Comments: 1. The City holds funds for L.A. IMPACT in a fiduciary capacity. 2. The fiscal agent balance pertains to the 1996 Revenue Bonds ($3,248,806) and 2018 Pension Obligation Bonds ($6).
July 2020 Activity Cash Receipts ($100,000 and over presented) Cash Disbursements lnvestment Activity Sales Tax $ 390,951 Audited Demands 07 10812020 (467,554) Purchases $ Waste l\4anagement '175,000 Audited Demands 07 11512020 (2,518,518) Sales UUT Pmt - So. Cal Edison 126.747 Audited Demands 07 12212020 (297,026\ Redemptions Bicycle Gap Project - June Payment 110,s61 Audited Demands 07 12912020 (953,559) LAIF - Transfers (7,101,368) Property Tax 102,330 Payoll OT lOgnO2O (978,332) LAIF - lnterest Reinvestment All Other Cash Receipts 2,778,073 Pay"oll 07l23l2O2O (693,036) Fair Market Adjustment 14,220,561 Total Cash Receipts $ 3,683,661 Prior Demands Outstanding (8,216,828) Total lnvesting Activity $ 7,119,193 Total Cash Disbursements $ (14,124,853)
Cash and lnvestment Balance Prior Month to Current Month Endinq Balance Reconciliation City Cash and lnvestment Balance
June Treasurer's Report July Activity Portfolio Balance $ 45,410,517 Cash Receipts 3,683,661 lnvestment Portfolio $ 52,529,710 Demand Deposit Balance 12,790,718 Cash Disbursements (14 ,124,853) Demand Deposits 3,079,372 Fiscal Agent Balance 3,183,130 lncreased Outstanding Demands (181,569) Less: Outstanding Demands (911,415) l-rducrary Funds' 8,117,611 Net lnvestment Activity 7,1 19,193 Treasury Cash & lnvestments 54,697,667 Cash & lnvestments 69,501,976 Fiscal Agent -lncrease2 65,683 FiscalAgentz 3,248,812 Fiduciary - lncreasel 1,642,181 Frduoary l-unds 9,759,792 Total Cash & lnvestments $ 67 ,706,272 Total Cash & lnvestments _$__-67_J0627L
Page 361 of4 December 21, 2020, City Council Meeting Page No. 28
City of La Verne Treasurer's Report for the Month Ended July 31st, 2020
Portfolio Maturity Schedule (shown at redemption value) Agency Negotiable Maturity Range Debt Corporate Certificates Maturity Securities Notes of Deposit Schedule LAIF 0.5 $2,000,000 $ - $ - $ 2,000,000 $ 36,764,414 1 - 4,050,107 s,000,000 7,050,107 1.5 - 2,250,000 2,000,000 4,250,000 2 - 2,000,000 - 2,000,000 2.5
0.5
a
r Negotiable CDs 1.5 Corp. Notes
r Agency 2 r Portfolio Maturities
2.5
s- s1,0oo s2,ooo s3,ooo s4,000 ss,00o s6,000 s7,o0o s8,000 ln Thousands lnvestment Pol rance o/o of Policy ln Compliance Category Portfolio Limit Maturity with Policy Agency Debt Securities $ 2,000,000 3.8 None 5 years Yes Corporate Notes 8,300,107 15.9 30o/o 5 years Yes Negotiable Certificates of Deposit 5,000,000 9.6 None 5 years Yes LAIF 36,764,414 70.6 $75,000,000 N/A Yes $ 52,064,521
Page237 of 4 December 21, 2020, City Council Meeting Page No. 29 City of La Verne Treasurer's Report for the Month Ended July 3lst, 2020 Cash and lnvestments Balance by Fund
Cash and Cash and lnvestments lnvestments Fund Balance Fu nd Balance ,I 01 GENERAL FUND 6,880,278 Capital Project Funds Special Revenue Funds 405 GENERAL CAP. IMP. 2,662,177 104 PARAMEDICSERVICES- 406 ROW MANAGEMENT FUND 3,606,777 206 GAS TAX 2,798,856 407 I/S TECHNOLOGY CAPITAL FUND- 208 TRAFFIC SAFETY 62,249 410 UNDERGROUND UTILITY 90,218 21s CDBG. 412 PARK DEVELOPMENT 905,156 216 OPER. & MAINT. CFD 9O-1 865,677 413 YOUTH SPORTS CIP 112.819 217 EIFD 49,015 4,19 STORM DRAIN DIST, 'l ,297 ,381 221 CABLE PUBLIC ACCESS-PEG 67,358 Enterprise Funds 222 BICYCLE SAFETY' 502 WATER 7,309,428 223 DOWNTOWN PARKING IN-LIEU 123,814 507 WATER CAP, IMP. 5,593,335 ?26 AFFORDABLE HOUSING FUND 1,378,327 530 SEWER 1 ,892,528 229 LV HOUSING SUCCESSOR 518,737 531 SEWER CAPITAL IMP. 5,329,134 231 ASSET FORFEITURE FUND 5,056,238 624 EOUIPMENT FUND 1,704,388 232 TACMTA - PROPOSITION A 592,013 625 RISK MANAGEMENT 178,869 234 LACMTA - PROPOSITION C 714.514 626 YS TECHNOLOGY 23,787 235 LACMTA. MEASURE R 1,077,338 Custodial Funds (fiduciary in nature) 236 LACMTA. MEASURE M 35.026 7OO TRUST & AGENCY- 240 PROP 172 PUBLIC SAFETY 49,462 7.13 TRUST & AGENCY DEPOSITS 97 ,228 241 SUPPLEMENTAL LAW ENF SERV 131 ,030 730 REDEV OBLIGATION RETIREMENT 420,375 243 A82766 MOBILE SRCAIR POL 523,389 758 L. A. IMPACT 6,014,873 244 PUBLIC SAFETY EQUIPMENT FUND 469,858 759 L. A. IMPACT. ASSET FORFEITURE 3,744,919 245 DNTWN. BUS. IMP. DIST, 1',t6,344 246 MAINTENANCE DIST, 643,356 Total Treasury Cash & lnvestments $ 67,706,272 250 FIRE EQUIPMENT REPLACEMENT 710,806 252 LARGE BLDG CFD FUND 246,855 256 LA VERNE MOBILE COUNTRY CLUB 3,248,812 257 VALLEY RANCHO MHP 363,532 299 MISCELANEOUSGRANTS- * Funds currently showing a negative cash balance due to unreimbursed costs are shown as if the applicable due to/from other funds balances were posted in the General Fund. Negative cash balances totaled $2,472,309
Note: the above balances represenl cash and investment balances in the respective funds, not the respective financial statement fund balances.
Page 3 of 4 38 December 21, 2020, City Council Meeting Page No. 30
City of La Verne Treasurer's Report forthe Month Ended July 31st,2020 Portfolio Holdings - Pooled lnvestments Purchase lnvestment Maturity Yield to Cost MarketValue lnvestmentlnstitution Description Doc. l.D. Date Date Maturity
$36,764,414 $36,945,030 California State Treasurer LAIF 9819439 Various 8t1t2020 1.370 $2,000,000 $2,001,620 Piper Jaffray FHLMC Note 3134GABM5 8t30t2016 8t28t2020 1.305 $1,015,107 $1 ,013,210 Time Value lnvestments Texas lnstruments 8825084Y0 1018t2019 3t121202',1 2.718 $998,150 $1,020,700 Multi Bank Securities, lnc General Dynamics 3695508E7 6t13t2018 5t11t2021 J,Ubb $'1,035,000 $1 ,032,120 Multi Bank Securities, lnc Blackrock INC 09247XAH4 6t13t20',l8 5t2412021 2.998 $1,000,000 $1,024,670 Time Value Investments American Express CD 0258gAAC6 6t5t2018 6t7 t2021 3.000 $1,000,000 $1,024,670 Time Value lnvestments Citibank NA CD 173120M63 6t612018 61712021 3.000 $1,000,000 $1,025,300 Hilltop Securities, lnc. BMW Bank NA CD 05580ANA8 6t8t2018 6115t2021 2.999 $959,592 $1,012,540 Time Value lnvestments Microsoft Corp 5949188P8 6t11t2018 8t8t2021 2.900 $1 ,206,124 $1,270,950 Time Value lnvestments Oracle Corp. 68389XBK0 6111t2018 9t15t2021 3.020 $1,000,000 $1 ,019,970 Mischler Finacial Group Ally Bk Midvale CD 02007GMF7 10t3t2019 10t12t2021 1.799 $1,000,000 $1,020,570 Mischler Finacial Group Morgan Stanley CD 61690U1U2 10t3t2019 10t12t2021 1.874 $988,280 $'1,031,880 Multi Bank Securities, lnc US Bancorp 911sgHHP8 5t31t2018 1t24t2022 2.966 $992,240 $1,038,950 Multi Bank Securities, lnc TD Ameritrade 87236Y4E8 5t31t2018 4t1t2022 3.166 $994 460 $1 047 530 Multi Bank Securities, lnc Qualcomm lnc. 7 47 5254E3 5t3112018 5t20t2022 3.149 $s1,953,367 $s2,529,7'10 Total Pooled lnvestments
I hereby certiry that the investment activity for this reporting period conforms wilh the current investment policy as set forth in Resolution No. 06-04. Per government code requirements, there are adequate funds available to meet the City of La Verne's 8,.4,(a"1budgeted and actual expenditures for the next six months. Ronald L. Clark
CITY TREASURER
Page 439 of 4 December 21, 2020, City Council Meeting Page No. 31
Staff Report CITY OF LA VERNE Pu bl ic Wo rks Department
DATE: December 2't, 2020
TO: Honorable Mayor and City Council
FROM: Daniel W. Keesey, lnterim Director of Public W
SUBJEGT: Declaration of Surplus Property
AGENDA SUMMARY
Certain vehicles and equipment have been depreciated through the equipment fund and scheduled for replacement. Each unit is no longer useful or is ineffective for current operational requirements. Each will become surplus to the city's operational needs and should be disposed per Administrative Regulation No. 606 upon replacement.
RECOM MENDATION
Staff recommends that the City Council declare the vehicles and equipment identified in Attachment A as surplus to the city's needs and further recommends that the staff be directed to sell each in a fair and equitable manner per Administrative Regulation No 606'
This action is not considered a "Project' under the definition of the California Environmental Quality Act (CEaA) and is therefore not subject to GEQA review'
BACKGROUND purchase The fleet maintenance division of the public works department is responsible for the and maintenance of nearly all vehicles and equipment used by the city's various departments' provides ihe division prepares specifications for the purchase of new vehicles and equipment, plans, routine mainienince and repairs of such equipment, establishes equipment replacement and is responsible for disposing of declared surplus equipment'
The attached listing of equipment has reached its useful service life for and has been replaced in accordance withlhe division's equipment replacement program and previous Council budget authority.
Respectfully submitted,
Bob Crawford Fleet Manager
c:trry ooomd dT@c surllB v€hld63.1.doc
40 December 21, 2020, City Council Meeting Page No. 32
Attachment A Surplus Equipment Listing
UNITNO. DEPARTMENT VIN/SERIAL # ITEM
2039 Recreation 1FTYR1OE51PBO3918 2001 Ford Ranger
2078 Water/Sewer 2FDPF17M04CA74296 2004 Ford F-150
2079 Parks 2FDPF17M24CA74297 2004 Ford F-150
2080 Water/Sewer l FTZR'14E58PA28856 2008 Ford Ranger
2172 Police 2FABP7BV3BX176153 2001 Crown Victoria
41 December 21, 2020, City Council Meeting Page No. 33
Agenda Report CIry OF LA VERNE Com mu nity Seruices Department
DATE: December 21,2020
TO Honorable Mayor and City Council Members
FROM: Bill Aguirre, Community Services Director
SUBJECT: Request for Budget Amendment for the purchase of equipment for LVTV
Agenda Summarv
A budget amendment is requested to reimburse the University of La Verne for equipment to run the La Verne Television Channel (LVTV). The University has determined the purchase of a new playout system is needed to support the community access channel. The monies for any additional expenditure come from PEG funds. The University has determined this piece of equipment will last for the next 7 to 10 years.
Recommendation
Staff recommends the City Council approve a budget amendment appropriating $11,050 of PEG funds, $4,900 from the current budgeted year and $6,150 from reserve funds to purchase a new playout system for the community access channel, LVTV.
Backqround
For the past 26 years the City has partnered with the University of La Verne to coordinate activities for the community access channel (LVTV). The Public, Education, and Government (PEG) fees are funds the City receives from service providers offering services in the community. Per the state franchise agreement, these fees are calculated at one percent of gross receipts.
LVTV is requesting an additional $11,050 from PEG funds to replace the old playout system. The ptayout system is a Castus QuickCast that can easily upload, schedule, and play almost any file format with zero transcoding. With QuickCast you can air one live input while recording it to disc, overlay up to 4 regions on top of scheduled playout, and store up to 4TB of programming.
The University informed the City the new playout system will last 7 to 10 years. ln addition, Ken Pucci, Station. Manager, will be placing a slide on the Community Bulletin Board notifying La Verne residents they are watching LVTV and how to contact them. This will help identify how many residents watch the channel.
42 December 21, 2020, City Council Meeting Page No. 34
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43 December 21, 2020, City Council Meeting Page No. 35
nda Report C]TY OF LA VERNE City Monogels Office
DATE: December 21,2020
TO: Honorable Mayor & City
FROM: Bob Russi, City
SUBJECT: Christmas Parade Route Designation
AGENDA SUMMARY
Consistent with actions in prior years and per the Police Chief's recommendation, the City Council is requested to authorize a "Parade Route" designation throughout the City for the Christmas Morning program.
parade Staff recommends that the City Council designate the streets in the City of La Verne as a route on December 25, 2O2O from 7:00 am until 5:00 pm to complete the Christmas Morning program.
BACKGROUND
Since 1gZS, La Verne residents have enjoyed the experience of Santa driving through every past street within the City on Christmas morning. Although this year will be different than as no candy will be distributed, there are still plans for continuing the tradition of Santa wishing everyone a Merry Christmas. Over the past several years the City Council has concurred with the Police Chief recommendation of designating a parade route for all City streets. This is believed to be necessary to ensure the manner and use of the department vehicles is in compliance the california vehicle code, and coverage provisions by our insurance carrier. for the To that end, staff is again requesting Council approval for a "Parade iRoute" designation 25,2020, at City similar to past y""r.. This parade route designation would begin on December than that, 7:00 am and conclude at 5:00 pm. Although we expect to be completed much sooner staff is requesting additionaltime in case is needed'
44 December 21, 2020, City Council Meeting Page No. 36
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45 December 21, 2020, City Council Meeting Page No. 37
Agenda Report CITY OF I-AVERNE City Manoge/s Wce
DATE: December 2't, 2020
TO: Honorable Mayor & City Council
FROM: Bob Russi, City Manager
SUBJECT: Extension of Communication Consultant Engagement
AGENDA SUMMARY
As part of the budget discussion City Council expressed a desire for the City to improve communication efforts with the community. At that time staff developed an outline of the approaches to achieve those efforts. one aspect was the temporary engagement of a communication firm until a full RFP process could be completed. That process has now been completed and based on the responses Tripepi Smith is being recommended as the responsive bidder for this work.
RECOMME NDATION
Staff recommends that the City Council authorize lhe 2-year contact with Tripepi Smith to assist with the City's communication and social media efforts and appropriate $45,000 for the remainder of the 2020121 liscal year to fund their actlvities.
BACKG ROUND
Earlier this year the Council requested recommendations on how to improve our communication and outreach efforts. ln that review several steps were outlined to that end' The initial step was to execute a shortterm engagement with the communication firm who could focus on social media and general media messaging while pursuing a Request for Proposals for a long term arrangement.
Though the RFP, two firms in addition to the current firm providing temporary communications services (Tripepi/smith) responded. All three provided competitive bids which ranged from southem $7,500 to $7,600 per month. Each firm has, or is currently doing similar work in press California with other municipalities. The scope of work outlined includes weekly releases, media monitoring, social media posts, crisis Incident communication, a communication strategy evaluate audit, as well as weekly meetings with city staff and monthly reports on the metrics to the effectiveness of our messaging efforts.
Based on the quotes received and more importantly, the level of work product currently being provided by Tripepi/Smith and their team, staff is recommending that the Council accept their bid and continue their engagement as the City's communication consultant through January 2022'
46 December 21, 2020, City Council Meeting Page No. 38 The cost of their proposal is $7,500 plus onetime cost of $3,000 for the communications review and analysis.
Since the City began working with Tripepi/Smith they have been monitoring the effects of our existing activities. Following are some of the highlights of what has improved in that time.
o The City has experienced increases in its social media posts and followers including reestablishing both Twitter and lnstagram accounts' o The City has increased its reach and community engagement by more than 60% & 80% respectively. o The City has expanded its media coverage with its press releases resulting in stories like: o Holiday Events in the LA Daily News o Progress on Homelessness through Outreach in the lnland Valley Daily Bulletin o Appointment of Chief Designee Flores on FOX11 . City educational web pages have also experienced high level of contact: o 6,380 hits on the article of Street lmprovements o 3,282 hits on the Fire Study lnformational page o 1,329 hits on the Voting in La Verne article
Since this was identified after the budget has been adopted no funds have been budgeted for this work. As such, in conjunction with accepting this proposal, it will be necessary for the Council to appropriate $45,000 from the generalfund reserves.
On a related note, one other recommendation of communication improvement that was provided to Council in the initial memorandum was to redesign the City's website. We are currently soliciting bids for that work and expect to be bringing a report to Council after the first of the year to authorize that work.
47 December 21, 2020, City Council Meeting Page No. 39
TRIPTTI SH ITH ? marketing . technolog;r - public affairs
RFP response submitted for:
CITY OF LA VERNE Communications and Social Media Services
Submitted: November 10, 2020 By: Ryder Todd Smith, President and Emlly Mason, Senior Business Analyst
48 December 21, 2020, City Council Meeting Page No. 40 TRIPEPI $IVl ITH e
TABLE OF CONTENTS
.l
: :t:... ,::::i: COVER LETTER
...;I;r1ri.,,...... , 4) ::':,r' ': :iiwill:ii , ' ''- 21
PUBLIC AFFAIRS
2
49 December 21, 2020, City Council Meeting Page No. 41 TRIPTPI SMITH w COVER LE]TER
Thank you for this opportunity to continue and expand our relationship with the City of La Verne as a partner in creating and executing strategic communications and social media services. This proposal will outline how our team of policy experts and creative professionals can more broadly deliver communications for La Verne. This document will describe Tripepi Smith and our approach to working with clients and provide a full array of examples of our work and how we collaborate with City Staff.
Tripepi Smith is a team of 23 communications experts-robust enough to offer experienced and effective professionals for the job, yet small enough to be nimble and responsive. Tripepi Smith offers a spectrum of skills that allows us to match the appropriate resource to the task at hand, letting us execute faster and reduce engagement costs. These resources vary by both years of experience and core hard skills (graphic design versus videography versus writing versus social media, for example). The result: we have an ability to tell a complete story across mediums, all within our one team.
Tripepi Smith is a force multiplier for the communication operations of cities across California. From City of Napa to Coronado and out to lndian Wells; Tripepi Smith is actively working with dozens of city governments and public agencies. We gain knowledge and insights from the breadth of client work and share that knowledge with our city clients. No other public outreach firm has the client depth and diversity that Tripepi Smith offers.
Tripepi Smith's work with public agencies across California includes day to day communications support, graphic design, crisis communications, media relations and other aspects of general public agency communications. Our firm has the capacity to support a full array of potential communications needs for the City.
Tripepi Smith looks forward to continuing our partnership with the City of La Verne on its communication efforts.
Authorization As co-founder and president of Tripepi Smith, | (Ryder Todd Smith) am qualified to enter into agreements with City of La Verne and to make the statements on behalf of the firm. This proposal is valid for thirty (30) days from November 10, 2020.
lnsurance lnsurance certificates will be provided prior to contract execution. Tripepi Smith routinely provides insurance certificates to prove we meet the contracting requirements of public agencies throughout California. We are willing and able to comply with the insurance requirements.
3
50 December 21, 2020, City Council Meeting Page No. 42 TRITEPI SI*,I ITH e Conflict of lnterest Disclosure and Ethics Tripepi Smith operates in a complex marketplace that is more political than most industries. As a result, conflicts of interest (real or perceived) can arise. The first and foremost obligation of Tripepi Smith is to outline all existing client relationships to prospects so as to let the prospect determine if a conflict exists. At this time, Tripepi Smith does not see any conflicts with our client work and City of La Verne. We do note that we work with similar cities in the region, but we do not foresee any conflict.
To read more about Tripepi Smith's commitment to ethics: https://www.tripepismith.com/about-us#ethics
Regards, Tdp"rrlU*u.
Ryder Todd Smith Co-Founder & President Tripepi Smith
[email protected], (526)536-2173 Fax: (949) 679-8371 PO Box 52152, lrvine, CA 92619 Ryder is the contact person throughout the proposal evaluation period.
4
51 December 21, 2020, City Council Meeting Page No. 43 TRIPEPI SI"IITH I RFP SUBMI]TAL CHECKLIST
1. Submittal Checklist Z. Vendor lnformation Form 3. Proposal 4. Acknowledge lnsurance Requirements
Bidder acknowledges the review of, and agreement to comply with the City's insurance requirements.
Signature
5. Acknowledge Workers' Compensation lnsurance Requirements
Bidder acknowledges the review of, and agreement to comply with the statutory
Workers' Com pensation i nsurance req uire ments.
Authori Signature
5. Acknowledge City Business License Requirement
Bidder agrees to comply with the City's business !icense requirement.
Authori Signature
Jr
52 December 21, 2020, City Council Meeting Page No. 44
TRIPEPI Stt.llTH ,;r,.::r i .,,i 1,. -:,,1;.;, " -:. ,, ,::i,:,,:, r;rr,f,:,,,,,,: a VENDOR INFORMATION FORM Legal Contractual Name: Tripepismith & Associates, lnc.
Mailing Address: PO Box 52L52,lrvine, CA 92619
Contact Person & Title: Ryder Todd Smith, Co-Founder & president
E-mail Address: [email protected]
Phone: (626)S3G-2L73
Your Firm is: (check one)
{ Corporation (California S Corporation) Limited Liability Partnership tr Partnership Sole Proprietorship tr lndividual Joint Venture
lf Corporation, incorporated under laws of the State of: California
Names of tndividuals with Authorization to sign contracts (Corporations and Partnership require at least two signatures): Ryder Todd Smith, Co-Founder & President, and Nicole Smith, Co-Founder & Chief Financial Officer
Federa I Tax ldentification N u mber: 7 3- L64261,4
City of [a Verne Business License Number: ln process
(La Verne business license will be required of the successfur proposer)
6
53 December 21, 2020, City Council Meeting Page No. 45 YRIFEPI SM ITH e COMPANY OVERVIEW
A Public Affairs Firm that Understands Local Government
Tripepi Smith excels at public affairs. We work in a complex environment where successful communications go hand-in-hand with marketing and technical expertise. As a full-service marketing and creative services firm, TripepiSmith delivers content and design tailored for local government, public agencies, nonprofits and private companies-each strongly represented in our client list.
ctsA?tvr $fflYtcfis
Grounded in Civic Affairs Co-Founder and CFO Nicole Tripepi Smith is a second-generation civic affairs professional (her father was a city manager for 28 years), and Co-Founder and President Ryder Todd Smith brings over a decade of public agency marketing and communications experience to the table.
lmplementing Strategy and Engaging Audiences
Tripepi Smith recognizes the important interplay of public affairs and design. lt's about presenting ideas that advance communities and public institutions. An important corollary to this is providing the creative services that can build materials to engage audiences and make ideas resonate. Tripepi Smith's multi-faceted design team enables us to reach these goals and lead effective creative strategy.
7
54 December 21, 2020, City Council Meeting Page No. 46
TRI FEPI 5I-,I ITH 'l.l,itl:i:..;i1.i;111,1r,-1, ".,",.,,:i..,,:r:-,,:l;ir:tili.:,iii.:,ii.'1.'a,i:;l;.itr',';!:+r;i'V'l,lli;r':i; w Strategic Tripepi Smith is a provider of technology, communications and public affairs services. We "...so leverage our skills and experiences in each of these ot"tr,dee areas to deliver efficient, technologically driven of local communication solutions that reflect our deep understanding of local government. Our team has a strong record of working with public agencies, joint powers authorities and not-for-profit organizations throughout California to better engage and connect with their stakeholders and community.
Creative Tripepi Smith's creative professionals have worked with public and private clients on imagery, colors and graphic design in an array of projects. Our firm offers creative services that address not only traditional media such as print, websites, logo design and advertising but also non- traditional marketing services around email campaigns, social media, blogging, SEO, video production and more. This integrated approach to content development makes the process more efficient and more effective for clients.
Content x Distribution = lMPI\CT TripepiSmith was born in the digital era a-nd brings significant technical skills to the table. Members of our team carry technical certifications in Hootzuite So-cTa=T-lVfedHvffieting; Facebook Blueprint, Google Advertising, Google Analytics and Twitter Flight School, among others. We take digital seriously and recognize how critical it is to not only develop great visuals and messaging, but to ensure the audiences we want to reach actually see that content. Without content distribution there is no IMPACT.
I
55 December 21, 2020, City Council Meeting Page No. 47 TRIPEPI SMITH e Team Tripepi Smith
RyderToddSrnith NicoleSmith
C-ofounder Cofounder President cFo
Creative Services
ItatheineGffiths i Kevin Bostwick Midrael Egan lon Barilone Director of Operations f Art Director Director Director Creative: Editorial 1
Cameron Grimm MelanieJames Jennifer Nentwig EmilyMason Sr. BusinessAnalyst Sr. Business Analyst Sr. Business Analyst Sr. BusinessAnalyst Creative: Video Sr. Graphic Artist APR APR
Kierstin Wingert Bria Balliet lGrenMllasefior Saara Lampuralla Sr. Graphic Artist Sr. Business Analyst Business Business Photography Graphic ArtisVPhoto Analyst Analyst
Sara Madsen Skylar Hunter AorandraApplegate Bryn Miller ir. Business Analyst Business Analyst Junior Junior Graphic Artist Video Business Analyst BusinessAnalyst
Mollytockwood Oare Burgess Junior Creative Management Junior BusinessAnalyst BusinessAnalyst
AllisonTones Ethan Kielty Junior Junior Business Analyst Business Analyst
Kaedyn Hemandez Junior Business Analyst
I
56 December 21, 2020, City Council Meeting Page No. 48 TRIPEPI SM ITH ? Tripepi Smith's team of 23 communications experts offers the right professionals for the job while being small enough to be nimble and responsive. Tripepi Smith has a spectrum of experience and skills that allows us to apply the appropriate resource to the appropriate tasks to both execute faster and reduce engagement costs. These skills vary by both years of experience and core hard skills (graphic design, videography, writing, and social media, for examples). At Tripepi Smith, experienced directors and analysts drive strategy and implement messaging with support from two in-house accredited public relations (APR) professionals. Government affairs experts and policy wonks innovative for our dozens of municipal clients. Eight full-time creative professionals generate compelling branding, websites, design, social media, photography and video. The result: we have an ability to tell a complete story across mediums all within our one team.
Our firm operates in a virtual office environment. Being virtual allows us to engage the right talent at the right time, and it enables us to operate more efficiently to save money for our clients. That said, the team-composed of policy wonks, creative message developers, technology gurus and graphic and fine artists-is located throughout Southern (20) and Northern California (1), Arizona (1)and New Mexico (1).
Services Offered
Strategy, Marketing, Communications Creative Services )*4r Strategic development, resea rch, '$ Full-service graphic design for digital, surveys, messaging print and outdoor
tq' Social media management 'Si Brand and logo development Web '$*' and social media strategy, '*,; Content generation, writing and optimization (SEO), metrics editorial
lq, Web hosting and support \? Output services (digital distribution, print management, mail management) L4' Email campaigns )s. Photography, illustration and r$" Relations (media, stakeholders, public, graphics government) information Video and animation 'Sl Support and training for events, '# presentations and virtual gatherings r$.: Web design and implementation
r$-.: Google AdWords, Linkedln and Facebook advertising
10
57 December 21, 2020, City Council Meeting Page No. 49
TRIFEPI 5I-,II?H -ti ',.:it l,r :, i..iiirir: .ri . :. "'.t : :.-, ' . :i iij i,-,t;,,t: i"i;l:i i :;r:1r r:,jr:,i ,, r',,:::,,.;l: : .: w Clients
Tripepi Smith has been selected to work with over sixty local government agencies to help with their communications. We can provide you with contacts at any of these clients if desired and are confident you will find them to be quite happy with our services.
California City City of Laguna Niguel City of Vista Management City of Lancaster City of Walnut Foundation City of Livermore California Choice Energy Authority California Joint Powers lnsurance Authority City of Lomita Citrus Heights Water District City of Aliso Viejo City of Lynwood Claremont McKenna College City of American Canyon City of Manhattan Beach Clean Energy Alliance JPA City of Azusa City of Manteca Costa Mesa Sanitary District City of Bellflower City of Martinez El Toro Water District City of Carson City of Millbrae lndependent Cities Finance Authority JPA City of Claremont City of Morgan Hill lnland Empire Utilities Agency City of Coronado City of Murrieta League of California Cities (City of) Culver City City of Newport Beach City of Norwalk Municipal lnformation Systems City of Cupertino Association of California (city City of Orange of) Daly City Municipal Management City of Danville City of Palm Desert Association of City of Duarte City of Palmdale Northern California Municipal Management City of El Cerrito City of Paramount Association City of Placentia of City of Fountain Valley Southern California City of Pomona City of Fullerton Orange County City City of Grover Beach City of Rancho Palos Verdes Manager Associations City of Hawaiian Gardens City of Rancho Mirage Orange County Sanitation District City of Huntington Beach City of Riverbank Palmdale Water District City of lndian Wells City of Rolling Hills Estates Rowland Water District City of lndustry City of San Luis Obispo San Gabriel Valley City City of lrvine City of Santa Clarita Manager Association Santa Cruz City of La Cafiada Flintridge City of Bellflower-Somerset City of Santa Paula City of La Palma Mutual Water Company City of Saratoga City of La Puente South Orange County City of Lake Forest City of South Gate Wastewater Authority City of Lawndale City of Tracy City of Laguna Hills City of Vallejo
11
58 December 21, 2020, City Council Meeting Page No. 50
TRIPEPI SMITH
References
Con tact
dity of Culver City Communications Assessment, strategy and action items, ShellyWolfberg social media management, social media and media Assistant to the City Manager monitoring, ongoing communications support, videography, monthly metrics reporting, photography, graphic design, bi- 310.253.5008 weekly client calls and crisis communications. [email protected] - Status: Current Client/Ongoing - Total Project Cost: 569,000 per year currently - Project Team: Director Jon Barilone, Business Analyst Saara Lampwalla, Junior Business Analysts Alexandra Applegate and Kaetlyn Hernandez
City of La Caftada Flintridge Communications assessment, and on-demand Carl Alameda communications support. Community newsletter generation, Assistant City Manager media relations management, videography and strategic message development. 818.790.8880 - Status: Current Client/Ongoing [email protected] - Total ProjectCost: S6t,26Operyearcurrently - Project Team: Senior Business Analyst Cameron Grimm, Senior Business Analyst Melanie James, Senior Graphic Artist Kjerstin Wingert, Business Analyst Karen Villasefior, Business Analyst Skylar Hunter, Junior Business Analyst Molly Lockwood
€ity of Lomita Water Department website development and support, overall Ryan Smoot city messaging on critical matters, ongoing advice on benzene City Manager detection on well, event management for water tours, media management, graphic design and videos. 310.325.7110 animated explainer [email protected] - Status: Current Client/Ongoing - Total Project Cost:-S3,000 / Month - Project Team: Senior Business Analyst Jennifer Nentwig, Junior Business Analyst Sara Madsen, President Ryder Todd Smith
City of Paramount Tripepi Smith conducted a full Communications Assessment for the City of Paramount. We were subsequently John Moreno engaged to address crisis communications related to hexavalent City Manager chromium matters. Since then we have been engaged on a 562.220.2222 range of community initiatives resulting in video production, [email protected] graphic design, website development and social media advice. Most recently we have been tasked with the Water Department to address PFAs-related matters. - Status: Current Client/Ongoing - Total Project Cost: 540,000 - Project Team: Senior Business Analyst Jennifer Nentwig, Junior Business Analyst Sara Madsen
City o{ Grover Beach Weekly client calls, press releases/articles, monthly community e-newsletter, media Matt Bronson and social media monitoring, social media management, monthly metrics City Manager reporting and quarterly content planning. Ad hoc crisis 805.473.4567 comms, graphic design and revenue measure outreach.
rnbronson @ groverbeach.org - Status: Current Client/Ongoing - Total Project Cost: Averaging $10,300/month - Project Team: Senior Business Analyst Emily Mason, Junior Business Analyst Molly Lockwood tt
59 December 21, 2020, City Council Meeting Page No. 51 TRIPUPI SI,,I ITH w APPROACH TO SCOPE OF ENGAGEMENT
lntroduction
The City of La Verne values effective communication and community outreach and is looking to expand its ability to communicate with residents more frequently and in a timelier manner on a variety of City initiatives. Therefore, Tripepi Smith is prepared to provide the following as part of our scope of retainer services.
1. Project Management and Content Planning
Weekly Check-ln and Strategy Calls To coordinate our efforts with City Staff and sustain momentum on projects, Tripepi Smith will schedule a recurring, one-hour weekly phone call that will include a City-designated lead for our engagement. These weekly calls will help drive content planning for various communications channels, including the City's monthly city manager newsletter, website articles, press releases, social media content and any additional needs that may arise. Call content will focus on story plans, new issues or concerns that need to be communicated, identification of major themes or ideas to address in the coming weeks and review of recent comments and social media posts. This phone call will be a working call during which Tripepi Smith will manage an agenda and provide notes for each call. After each call, the client will be sent an action summary email about decisions made on the phone call and related action steps. We will produce work, such as newsletter introductions and article drafts, in a shared workspace where the City can see our progress in real time and provide instant feedback as needed. These tools will deliver enhanced collaboration and speed time to delivery.
Qua rterly CornmunicatiCIns Ca lendar Pla nning $ession With this deliverable we work with the entire senior management team to prepare for and execute a strategic discussion about communications and the role they can play in telling the City's story. This project focuses on each department identifying key communication opportunities and wins to celebrate in the next 6-12 months. We document all this into a shared spreadsheet/editorial calendar that can then serve as a roadmap for the organization to track communications opportunities - or to hand off to the communications team to execute. The program breaks down barriers between departments and often helps senior staff recognize communications opportunities they were simply unaware of before. The process includes homework, management, presentation preparation, onsite meeting and follow up. Remote meeting options are available.
t{
60 December 21, 2020, City Council Meeting Page No. 52
TRlrEPl St-{ t?H .: *',i,r:i .r. rig , l-. t,: i:- :..:i "';,:i1'1:, ' ,i iii,.:,: ii iiii(; :) ] - .:! :ii i lrt: J',. I f,,', ti'i)t: .ii @ 2. ArticleslPress Releases
Tripepi Smith will draft up to four (4) articles or press releases per month and each will be up to 500 words in length. The allocation of stories will be direct by the City with suggestions by TripepiSmith. The City will make internal subject matter experts available to aid the development of the stories. The City will provide a media release list for use by Tripepi Smith where a press release scenario is desired. The City will facilitate timely approval of quotes in the release when connected with City Staff or City Councilmembers.
3. Social Media Management
Content Creation Social media content creation involves: planning, fact-checking, sourcing graphics, grammar checking and scheduling the post. Tripepi Smith will create an average of three (3) posts per week over the course of a month (or generally t2 a month) and distribute them on up to four (4) platforms (e.g. Facebook, lnstagram, Twitter, Nextdoor).
Mo*ritoring Tripepi Smith will monitor each post for questions and comments. When appropriate, responses will be drafted, which will occasionally require fact-checking and seeking out guidance from the City. Additionally, ongoing general online monitoring of local Facebook groups and blogs will be conducted to track community needs, priorities and issues.
Additional Our work also includes optimizing social media accounts to boost performance and keeping up to date on the latest social media platform updates and options. Boosted posts and targeted ads are also helpful in disseminating information to community members, and Tripepi Smith is fully capable of running and tracking these paid campaigns (fees to be agreed upon and paid by the City).
4. Monthly Dashboard Metrics Report
Each month, Tripepi Smith will provide a summary report in PDF format of the basic metrics (reach, posts, engagement, etc.) related to City-controlled social media platforms and other key metrics if available, like website visits and email e-newsletter platform information.
4)
61 December 21, 2020, City Council Meeting Page No. 53
TRlFf Pl Sl*1lTH :..,'; r,;+::i i-,i.1 i:: it t.r:.:':i: ; i:::t:-i.tiili:.jii::j a:::til lj.:j- :r: :!i,i:a;:ii :)+!,,.',; iii,r ilt: : i.j @ 5. Crisis Communications
Tripepi Smith is ready and available 2417 to assist the City with handling any crisis communications needs that may arise and City Staff will have direct access via cell phone numbers to the entire Tripepi Smith team. Crisis communications support may include expedited development and delivery of communications strategy and key messages, as well as close coordination with the City's executive team. Tripepi Smith's past work with different City departments will also aid in making this collaboration even more efficient, which is critical since a quick turnaround time is needed in crisis communications scenarios.
6. Graphic Design Services
Tripepi Smith has an array Art Director to Graphic Artist resources available to create style guides, collateral materials or community posters. This range of design talent helps us deliver a full range of services across various mediums. These resources are most commonly provided using the hourly rates noted below. Additionally, some clients choose to purchase a set of hours - such as 10 hour a month of graphic design services. When doing so, we will discount the services a further 5o/ofrom the rack rates and allow up to 10 hours of graphic design hours to roll over to the following month. This arrangement provides a consistent "slice" of graphic design services to be used by the City.
62 December 21, 2020, City Council Meeting Page No. 54 TRITEPI SM ITH w COST OF ENGAGEMENT
Tripepi Smith proposes a 52,500 a month retainer for the services 1 through 5 outlined above. The Express Communications Assessment is proposed as a separate stand-alone project that will have a fixed payment schedule associated with it. The graphic services are available as an option and can be incorporated into the monthly retainer if desired.
lf there comes the need for any additional ad hoc services, Tripepi Smith is ready to provide those services and is providing our hourly rates for the full array of our resources to support City communication efforts. Examples of these projects are provided below, but include photography services, video production services or website development solutions.
Additional Ad-Hoc Services/Options
The City has noted a need for supplemental communications support that can span many areas of work and is outside the fixed scope of work requested in the RFP. The simplest way to price this is on an ad hoc basis where the City calls upon Tripepi Smith as needed to execute work.
With our ad hoc approach, if we are on retainer, we will use our discounted Retainer Rates. The following estimates are based upon the assumption we are on retainer with the City.
Communications Platform Review and Strategy Plan The Tripepi Smith team will conduct an audit of the City's current communication tools. We will conduct interviews with up to 8 City Staff as needed to obtain details and a thorough understanding of all the City's communications channels and evaluate how effectively the channels are being utilized. Based on these findings, we will then provide recommendations for utilizing the City's current communications platforms more effectively and introduce any new platforms or technologies that may streamline and/or expand the City's communications efforts. We are also available to present our recommendations to City Staff and/or City Council if desired.
$3,000 to be paid upon delivery of report
6raphics Tripepi Smith uses Canva extensively for basic social media graphics and therefore can use our Junior Business Analyst resources for that work. Where more extensive design is requires, Tripepi Smith has an Art Director, Senior Graphic Artists, and Graphic Artists. ln our experience, these costs can vary widely based on iteration count, number of pages of content to layout or desired number of logo options or extent of a particular branding process. Given all these factors, here are some guidelines:
ti$- Print/Digital Banner - S72S
'Si Print/Digitalshort Format Quarterly Newsletter - SASO
1&
63 December 21, 2020, City Council Meeting Page No. 55 TRITEPI ST*l ITH f, (ln all cases we assume written content is being provided and estimate is for design costs only.)
Quarterly Photoshoot Assume a six-hour event, with one-hour pre-planning, travel time, post shoot photo editing, delivery to client photo portal. This includes all equipment fees - except drone work - and uses a Senior Graphic Artist /Photographer to complete the work.
57,520 / shoot
Video Production Assuming that Tripepi Smith handles all work and the video involves scripting, use of teleprompter, full camera setup, a single day of production shooting, b-roll shooting on same day, pre-planning, post-production video editing, music licensing, voice over, transcription and upload to appropriate channels.
-52,850 typically per video
Website Development and Fees Tripepi Smith has built websites for cities and other public agencies and can discuss our role as either and RFP advisor or bidder with the City for a website project. As a point of reference, our costs to build a website for a City are about 522,500 with an optional monthly unlimited support fee of 5375. Hosting fees are S58O a year, which includes 5200 for SSL certification. Domain names fees are S30 a year per domain name and hosted on our premium Amazon Web Services DNS account.
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64 December 21, 2020, City Council Meeting Page No. 56
TRIPEPI S}l ITH *' i,'r.i..,: ,.;; ".1, '1, ' . r' r :,.::' :i ::iri.l }:'i;ir]: i"i rir!,j :j,ir,,.:,ti.j r t,t::iiii)f: I ij s Rates for Ad Hoc Work So long as Tripepi Smith is on a retainer greater than 56,000 with the City, the reduced Hourly - Retainer rates will apply for any ad hoc work. lf Tripepi Smith is taken off retainer, the Hourly - Ad Hoc rates will apply.
Principal
Director
Senior Business Analyst
Business Analyst
Junior Business Analyst
Photog rapherA/ideogra pher
Senior Graphic Designer
Graphic Designer $90.00
Web Developer $110.00 Drone Operator
Fixed Price and Retainer Options Many Tripepi Smith clients have a fixed baseline of work they need done every month, and then they layer in time & materials work on top of that. These clients, when their retainers exceed 54,500 a month, can have access to our reduced Hourly - Retainer rates noted above.
Clients may desire a well-defined project to be accomplished by Tripepi Smith. Examples can include a video or a website project or well-defined budget summary document. ln these cases, TripepiSmith can provide a fixed price alternative to the client.
Flexibility Tripepi Smith is flexible on contract format for agreements for time & materials engagement, with a not-to-exceed or with an estimate approach. Sometimes where insufficient details are available to fix price a project or confirm a not-to-exceed, we can offer a discount of 30% on any time over the estimate to mitigate cost and time overruns due to scope creep. When estimating resources, Tripepi Smith refers to the hourly rate schedule shown above. Tripepi Smith can provide weekly or monthly updates on the budget use and how it is being spent depending on the nature of the engagement or project.
ln cases where we are on a time & materials engagement and the work varies significant from month to month, we can recognize a discount for a larger volume of work that we do by offering a discount of 75% on any time over S5,5OO in a given month. As an example, if in a given month we do 56,500 worth of work for a client, we would discount S1SO off the invoice to recognize the larger volume of work that was asked of us.
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65 December 21, 2020, City Council Meeting Page No. 57 TRIPEPI SM ITH e Billing Time at Tripepi Smith is billed in 15-minute increments - i.e. we invoice our time in the following examples: L.25, .75,4 or 6.5 hours.
lf Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource's Standard Rate. However, if the resource is onsite for at least six hours of billable time, we will not invoice for travel time. Travel costs will be reimbursed when agreed upon by the client.
AllTripepiSmith hourly rates and monthly retainer rates are subject to a5% annual increase on July 1 of each year.
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66 December 21, 2020, City Council Meeting Page No. 58 TRITEPI SM ITH s Other Costs
Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production-related fees that may come up during the course of our engagement that we want to tellyou about.
Equipment Fees Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply:
,,,,, l{alf Day Video Equipment
Drone Equipment N/A
5550 for a full day of video equipment use (includes full set of video equipment). Full day is defined as a shoot lasting four (4) or more hours. 5350 for a half day of video equipment use. Half day is defined as anything up to four hours of video production. All such expenses will be authorized by the organization prior to fee being assessed.
S500/day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate).
Print & Advertising Fees
Client Pays Directly Print costs, digital promotion, media placement No Fees
Print Costs: Tripepi Smith is happy to use a printer of the client's choosing for print production work, or to recommend a printer with whom we have experience. Tripepi Smith typically has the printer bill the client directly for work. Tripepi Smith makes no money on print services and has no economic interest in the selected print vendor other than ensuring quality and fair pricing for our clients. !f Tripepi Smith is asked to pay the bill for the client, we will apply a LO% agency fee to the reimbursement expense.
DigitalAdvertising: TripepiSmith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees. Tripepi Smith typically uses a client's credit card to cover such fees, and those fees are impossible to estimate at this time without our firm being engaged in the work with the team. lf a Tripepi Smith credit card is used to run the advertising campaign, then we will charge an addition al 7O% agency fee on all advertising charges to compensate for the administrative overhead.
Media Placement: Purchase fees for advertising media space is not included on Tripepi Smith advertising proposals. Usually, clients contract directly with media, but in the event Tripepi Smith covers these fees, then we will charge an additional LOo/o agency fee on all advertising charges to compensate for the administrative overhead.
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67 December 21, 2020, City Council Meeting Page No. 59 TR TPI Sf'lITH ? Tripepi Smith Partnership Discounts Tripepi Smith has financial interest in certain related entities. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing. Partnerships include:
PublicCEO - digital news about public affairs, reaching over 10,000 California government executives il ttps:11\ il.v!n/. puL:licceo. conr
Civic Business Journal - digital interest stories about the people in local government https:r'r'+;v,,r";.civicbusi rressjouma l,com
FlashVote - planning, implementing, measuring civic surveys https:/r'iuwu;.f lashvote. com
TS Talent Solutions - talent search services for local government and related agencies https://tstalentsoluticnr. c,]m
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PROJECT TEAM STAFFING
Proposed Team
Ryder Todd Smith Emily Mason Clare Burgess Allison Torres Kjerstin Wingert Co-founder Sr. Bus. Analyst Jr. Bus. Analyst Jr. Bus. Analyst Sr. Designer President APR
It is anticipated that Senior Business Analyst Emily Mason will be the team lead for the proposed engagement. Emily will handle account and project management, logistics, coordination and creative direction for writing and design. Tripepi Smith principal Ryder Todd Smith will make leadership presentations, facilitate community discussions and actively participate with senior staff in ideation and brainstorming. Junior Business Analysts Clare Burgess and Allison Torres will support Emily on the account and handle day-to-day social media monitoring and content writing. Kjerstin Wingert and other members of the creative team will support various graphic design needs. Should we need to call upon additional creative professionals to aid with video or photographic assets, we will have additional members of our team ready and willing to help.
Bios
(See resumes in the appendix to learn more about the proposed team.)
Ryder Todd Smith - President Ryder has a mixed background in the worlds of government relations, technology and marketing. He served as the SVP of Operations and Chief lnformation Officer for a software-as- a-service startup in the financial services sector. Prior to that, he was the technology manager for a regional staffing firm. Ryder leads Tripepi Smith and is the ultimate project owner on all work handled by the firm. He is the creator of the City lnternet Strategies Study, publisher of the Civic Business Journal, and a frequent speaker on the local government circuit. His insights have been published in Western City and PM magazines. He volunteers his time as vice chair of the Rose lnstitute of State and Local Government Board of Governors and previously served as a Planning Commission for the City of Tustin. Ryder graduated from Claremont McKenna College with a Bachelor of Arts in Philosophy, Politics, Economics and a dual degree in Economics.
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69 December 21, 2020, City Council Meeting Page No. 61 TRIPEPI SM ITH @ Emily Mason - Senior Business Analyst Emily Mason is a dynamic communications professional, skilled in facilitating meaningful engagement between organizations and their stakeholders through integrated campaigns that leverage public relations, marketing, digital and event strategies. She thrives on collaborating with cross-functionalteams to explore innovative and creative storytelling opportunities to navigate complex challenges and increase organizational reputation. This includes a wide variety of content creation, from crafting press releases and print collateral, to developing videos and implementing social media and influencer campaigns. She especially loves the seemingly limitless possibilities of digital communications, having had the opportunity to incorporate the use of gamification and user-generated content in past campaigns. Her clients include the City of Santa Paula, City of Grover Beach and City of Manteca. She has also been leading Tripepi Smith's City of La Verne engagement since August 2020.
Clare Burgess - Junior Business Analyst Clare Burgess is an analytical writer with extensive experience working with governmental and non-profit agencies. She recently graduated from Claremont McKenna College with a Bachelor of Arts degree in Government. During her undergraduate career, Clare developed her leadership skills as the Lead Student Manager for two years at the Salvatori Center for the Study of lndividual Freedom, a research institute at Claremont McKenna College. She has also published three public policy and government articles in the Claremont Journal of Law and Public Policy. She expanded her understanding of social media management during her internship as the Development and Communication intern at legal aid nonprofit, OneJustice in San Francisco. Clare is excited to be joining Tripepi Smith's team of communication and social media experts. She has also been assisting Tripepi Smith's City of La Verne engagement since August 2020.
Allison Torres - Junior Business Analyst Allison Torres brings a strong background in social media marketing and data analytics to the Tripepi Smith team. Allison graduated from Biola University, with a degree in Business Management, where was able to gain experience in marketing and project management, during the various internships she held. Allison flexed her leadership skills as a two-year caption of Biola Women's tennis team. Previously, she executed social media marketing at TSE Worldwide Press. Allison is certified by Hootsuite in Social Media Marketing. Her client work includes Santa Clarita Valley Water Agency, Western Municipal Water District and Clean Energy Alliance.
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Kjerstin Wingert - Senior Designer Kjerstin Wingert is a skilled graphic artist with a formalgraphic arts education and a background in marketing. She is also an experienced photographer with a keen eye for composition and lighting. She has advanced knowledge of various creative platforms including Adobe lllustrator, Photoshop, Lightroom, and lnDesign. Kjerstin has experience leading an array of creative projects including layout, branding, illustration and creative concept development. Her clients include City of La Cafiada Flintridge, lnland Empire Utilities Agency, City of Culver City, City of Walnut, City of Cupertino, City of Saratoga, City of Livermore and California Joint Powers Insurance Authority.
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71 December 21, 2020, City Council Meeting Page No. 63 TRIPEPI St"4ITH w APPENDIX: WORK SAMPLES
The following examples highlight work that speaks to the scope of work as outlined in your Communication and Social Media Services RFP.
We encourage you to see allthe work we have done for clients through our online portfolio at https://www.tripepismith.com/work/
Social Media for City Brands Description: Tripepi Smith manages social media channels for several rn fr.i- .b, {.* g a government agencies. The following are examples to review:
https:1/r^;ivur.facebor:k.conv'Cityi-rfCu lverCit/
httpi : //t'rzitte r. ccr.':/cu lve r-citlvgcv?l an g *sn
@ htti:s://u;r,.nry. ins:ag ram.ccrr/cu lvercit)rgcvl'?h I =en
htiDS:,','v,,.;+iry. i;a cebook. conr/C ityofSai"rta Par,rlal t!t .!r httE s://:rvitt+r. cc:'nr'san tapau lacity pe ET&Ei 5'"'*''* x i https:r'r'+rwu;.facebock. corl/grcverbeach/ https://+rirvw. insta gianr. ccinr,/cityoigrcverbeacl-.ca nttcs:11i,nitter.cc,'nlCityG rcve rBeacr-, m .i,.k ::i.:d*, .i$s .. " ::I"*.t;:;;l:.*,.-. rrrrl nttps:llw.ruv.facebcok.coryr/C ityOf raCa nadaFl:ntiidqel e T:r::1*.:":*:rr' t*il,i#1 Bcs,!g@f https: //tr,r, itte r. ccrr':,/Th eC ityof LC F/ i4 2r !.w&S,rr,i..,b 11{4'ssl
h ttps://'r,ww.facebco<.ccivilH awa iianCa rdens-i ,/ ... rfi cs:1,1,i!vitte..ccrlharnia iian gaiiens
i-j lacs:1'1'uii^iw. i nstag rarn.ccrn/hiTcityca/ @
City Stock Photography Description: Tripepi Smith provides a wide array of event, architectural portrait and street photography services. Our team uses high resolution professional DSLR equipment - primarily Sony ATlll cameras with premium lens options. This professional equipment is matched with the talent of our team members and their post-production Photoshop and Lightroom skills to generate great results for our clients.
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72 December 21, 2020, City Council Meeting Page No. 64 TRIPEPI SI'"IITH e
City of Murrieta State of the Description: City - Video Tripepi Smith delivered the first-ever State of the City Video for the City of Murrieta. The video debuted on )uly 24,20L9 at Mayor Jonathan lngram's State ofthe City address. The 19- minute video features more than a dozen interviews of City H employees and Murrieta community members to give the viewers a taste of the good life in Murrieta. . F ttFrf{"* trjr*n*.k, !ffi* "Murrieta has a lot of progress to report, from new infrastructure investments, to innovative public safety and a growing healthcare sector. Our community has seen a lot of growth, yet maintains a commitment to providing high- f "' quality, economical, responsive services to our residents," 5t**ti ls said Kim Summers, City Manager of the City of Murrieta. 'Tripepi Smith guided our team through the storytelling process, capturing the high quality of life we have here in Murrieta, and the resulting video is a product that our whole community can be proud of. The Tripepi team was an excellent partner with the City in executing this projet."
The project, led by Tripepi Smith President Ryder Todd Smith and Business Analyst Melanie James, involved a detailed script process, interviews with 20 people over two days and additional b-roll shoots to capture a variety of locations in Murrieta, including parks, healthcare centers, schools, businesses and public safety buildings. Videographers Eric Lowy and Angel Ruiz were key in capturing the City's esteemed quality of life. The video was also supplemented by Murrieta's large photo library and engaged staff.
https ://vi nreo.com/28603559 L
City of Livermore - Banners Description: The City of Livermore engaged Tripepi Smith to promote ?hlftrd nm.frm. ;'.' i.. l).:r L temporary parking at a garage in its downtown. f$lk+O ers Paves Way for L Streei G!rage ms*O fttr zJsr* O xi: , gstyQ u. t 6sn*O ai r tr I?:t!rO r,',.i I i:: krF{ in'a,,r - :i*! I l\ I ,\tstii
L :::.;'..ii.$ i ,,:::'ii:i'iii Paves Way for L Street Garage
t. :: | :, . :,.'.,a drIng (on5lruatioo, ."vr:n rrorc than btfoie! I l\ I lt\.lolil
l, i rr.rr: r'tr1$,r1tit ! 5r1 r:r I !..,..,' i: r'1 Li.,?,rri]J,rl
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73 December 21, 2020, City Council Meeting Page No. 65 TRIPTPI SM ITH e City of La Cafiada Flintridge - Des$iption: Flyer/Mailer The City of La Cafrada Flintridge tapped Tripepi Smith to create a flyer with tips for preventing the spread of COVID-19 that was mailed to all residents.
'x ,p M&MlDrMbd@Blc. sfu.6, hHrry 5':ldik. i. b drry.ed E h'u.. rBhn@ E d,*wstuqhl!@tuB. $lDrgtudSe*6d&s lEffinddffin!@d'l.& ffi eerl{**d.&.@k}d@ ,,:,, .* I r{ **1
ft w* r'*ur um* +:m #l ffi Edrt!*dy*t*h!ildiRh Eddqr@ tudfrMi0,adpl*@, dMlde [email protected]*p k'' ffibrEa*,d.. tu pal*e dIe r- $ 'tf,.* ffis'l&rul:@r&es {} *w:s r:,s+ c$!**lBr*r {)M* Lffi6* frlbb otu6tuNtbdsybctu. h?cd d@SlA tu tu ffikpbtu Fridr, h te&hffi a3*pl & Hddit hh4.*&61*hSnM. tuft..e b ry.dlr!1{rbe 6l'est i*ddd ffiaq.,ll@, & ,[email protected]@htu WY Stu:di h.B&tu li.dx& 'l.unddr.*d
City of La Caffada Flintridge - Description: Newsletter The City of La Caffada Flintridge engaged Tripepi Smith in 2Ot4 to perform a communications assessment and provide recommendations for expanding City communications. Our firm was subsequently engaged to perform part time PIO services. Over the years we have delivered revised logos for the City, and consistently delivered a sophisticated, quarterly community newsletter, the LCF Vista.
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City of lndian Wells - lnfographics Description: Tripepi Smith used engaging information graphics to translate their budget data into an engaging "Budget-at-a-Glance" mailer that successfully put the information in front of the community in a digestible way.
City of Duarte - Engagement Description: Report Tripepi Smith has been providing communication support on a retainer basis for the City of Duarte since June 2020. As part of our engagement, Tripepi Smith provides a monthly dashboard report to City Staff for them to review progress and distribution impacts of their communication efforts. Social media is a major component of the engagement, and Tripepi Smith provides metrics related to social media work to the City Staff each month. This metric report, which is ultimately delivered to City Council provides a critical dashboard into the City's outreach efforts and its existence has helped advance a culture of communication at the City. Tripepi Smith strongly encourages our clients to generate monthly dashboard reports on communication efforts to ensure progress is being measured or shortcoming are being , , :}' l|: identified.
ItJ
75 December 21, 2020, City Council Meeting Page No. 67 TRIPEPI SII.l ITH ? City of Lomita - Website Description: Tripepi Smith built a new user-friendly website for the City of Lomita Water Division.
wwnr.Iomitawater.com -€;-H
.-. .,.r lrrr.:.r :,1: ..iti..
SOCWA - Website & Brochure Description: ln addition to designing the SOCWA website, Tripepi Smith created their overview brochure to highlight the role they and their member agencies play, as well as to educate ratepayers on the subject of wastewater treatment.
www.50cwa,com
ffi,rrna**
t
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76 December 21, 2020, City Council Meeting Page No. 68 TRIPEPI SM ITH s Content Development The following are sample press releases and stories that Tripepi Smith drafted or helped develop:
City of Manhattan Beach City Terminates Employment Agreement with Fire Chief https:,/,rwn,.rw.citym b. info/H orner'Compon entsr,Neurs/Neuisl4803i 43
City Council Expands and Clarifies LA County Public Health Orders Closures and Operational Requirements of Numerous Business Types
https://wr rvl.citymb. info/Hoi"ne.icomponents/News/Nerr; si 47ai i 4811 ?npage= 1 &arch= 1
City of Grover Beach Help Shape Grover Beach by Pursuing a Position on the City Council or Planning Commission http:i/wv.rur.groverbeach.orgr'ArchiveCenter,'Vier,r.,Fiier,ltem,/1 t05
Grover Beach Supports Students with Free Wi-Fi at City Parks
http://u*vrv. gro,rerbeach. oro/CivicA! ens. a spx?A.! D=46 1
City of Grover Beach and South County Chambers Provide Microgrants to 20 Businesses This Week
http:/1vrww. g rove rbeach. or'q/CivicAleris.a spx?Al D=44 1
Grover Beach Continues lnvesting in lnfrastructure to Enhance Quality of Life http;i/urww. groverbeach. org,/CivicAI erts. aspx?Al D=448
Grover Beach Works to Boost Housing Production to Help Residents http:,/,iv.ruiw. g roverbeach. org/CivicAlerts. a spx?Al D:4a3
City of Santa Paula Santa Paula adopts balanced budget for Fiscal Year 2020/21
https:ilspcity.org/CivicAlerts.aspx?Al D:3 1 Santa Paula's Local Sales Tax Dollars at Work https:ilspcity. orglCivicAlerts. aspx?Al D=26 Residents Unite Through Santa Paula Proud Volunteer Program https://spcity. org./Ci i,i cAlerts. aspx?Al D=32
City of Santa Ana Santa Ana Establishes 200-Bed lnterim Homeless Shelter in 28 Days https:,'.rrrrwvr.rvesterncity.conr,/ar-ticie,/santa-ana-establishes-200-bed-interim-homeless-shelter-28-days **Ghost wrote article for City of Santa Ana Staff. Ran in Western City Magazine
City of lndian Wells Mayor's Letter to Community - July 2020 https:llconta.ccl2VD R9ri
lndian Wells Celebrates Change and What Remains the Same https:/lwv.rw. paimsorinEslitle.corn,/indi an-.+re!ls-ca./
lndian Wel ls Budget-at-a-G lance
https://wv,nt,. cityofi ndia nwel is. orglhomelsho',vdocument?id =465 1
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77 December 21, 2020, City Council Meeting Page No. 69
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APPENDIX: RESUMES
RYDER TODD SIVI ITH
TRIPEPI SMITH - PRESIDENT 11/OO - PRESENT o Provide communications advice, strategy and execution services to a range of small to mid-sized public and private sector clients spanning local government, real estate, finance, technology and healthcare verticals MAVENT INC. SENIOR VICE PRESIDENT, OPERATIONS 5IO5 - 11/49 o Responsible for quality assurance, technology operations and internal infrastructure organizations
. Built team of technology professionals to manage multi-site production environment at co-location facilities.
r Managed vendor relationships and reviewed all invoices
o Brought focus to key areas, including: system documentation, knowledge sharing with other employees, schedule management for finite resources and enhanced security
o Developed and managed the departmental budgets for three groups
MAVENT INC - VICE PRESIDENT, MARKETING 08/04 _ 05/05
o Managed the Company's outside PR firm relationship, creative firm relationship, corporate website, ad campaigns, conference schedule, conference logistics and internal employee communications
o Developed and managed the marketing budget
MAVENT INC - VICE PRESIDENT, GOVERNMENT RELATIONS O2IO3 - 08/04 o Monitored nationwide political activities that were pertinent to Mavent's interests
o Developed relationships with third-party interest groups that impacted the Company's product
. Participated in industry conferences and represented the Company at industry events
OLYMPIC STAFFING SERVICES - INFORMATION TECHNOLOGY MANAGER A1/98 - 1 1/OO o Managed and controlled all aspects of the technology environment at this five-location, 35-employee company
NORTHROP GRUMMAN CORPORATION - GOV'T REPRESENTATIVE 07/97 .12/97 o Worked directly with the Director of State and Local Government Relations to research issues of concern to Northrop Grumman
o Developed agendas to target upcoming legislative issues
o Assisted in lobbying work and development of testimony
TDUCATION
CLAREMONT MCKENNA COLLEGE - CLAREMONT, CA o Bachelor of Arts in Politics - Philosophy - Economics with Dual in Economics
o Cum Laude Honors
.Jt
78 December 21, 2020, City Council Meeting Page No. 70
TRITEPI SM ITH q
EIVI ILY ]VIASON, APR
TRIPEPI SMITH _ SENIOR BUSINESS ANALYST 03/20 - PRESENT . Provides project management and account support for clients
r Plans, executes and evaluates integrated communication campaigns
o Drafts articles, press releases, messaging and other client communications materials
. Manages social media and other digital channels, including organic, paid and community management content
ARELLANO ASSOCIATES - SENIOR PROJECT COORDINATOR & SOCIAL MEDIA LEAD 09/18 _ 03/20 o Provided clients with public relations, marketing, event planning and grassroots communications services
. Built relationships with local public agency staff, community and faith-based leaders and the public-at-large to garner support for client projects and priorities
o Collaborated with cross-functional teams to transform complex topics into accessible stakeholder language for both in-person and digital channels (social media, videos, website content, fact sheets, FAQs etc.)
ORANGE COUNTY TRAN SPORTATION AUTHORITY * COMMUNITY RELATIONS SPECIALIST 02/15 - A6N8 o Researched, planned, implemented and managed proactive community engagement programs
o Built and maintained relationships with non-profits, businesses, advocacy organizations, city staff and elected officials
r Managed agency's public committees and associated subcommittees: Citizens Advisory Committee and Taxpayer Oversight Committee (Measure M/OC Go)
ASSOCIATION OF CALIFORNIA CITIES, ORANGE COUNTY - COMMUNICATIONS, EVENTS & PROGRAMS COORDINATOR WN3-A2N5 o Built relationships with local, state and federal government entities and major businesses
o Co-created e-blasts, newsletters, social media posts, website updates, presentations, speeches, flyers, etc.
TDUCATION
CALIFORNIA STATE UNIVERSITY, FULLERTON - FULLERTON, CA r Bachelor of Arts in Communications (Focus in Public Relations and Minor in Business Administration)
UNIVERSITY OF SOUTHERN CALIFORNIA - LOS ANGELES, CA . Master of Arts in Communication Management (Expected Graduation 2021) PROFESSIONAL DEVELOPMTNT
. Accreditation in Public Relations (APR), Public Relations Society of America...... 04119 CERT ICA,TIONS
. Hootsuite Social Marketing os/20 SOFTWARE
. Hootsuite o Visme o WordPress o Microsoft Office
. Sprout Social . Constant Contact o Cision o Canva
. Google Analytics o DaVinci Resolve o Business Wire
32
79 December 21, 2020, City Council Meeting Page No. 71 TRIPEPI SH ITH ? CLARE BURGESS
TRIPEPI SMITH _ JUNIOR BUSINESS ANALYST 06120 - PRESENT . Setup, assistance and publication of e-newsletter campaigns and additional email marketing.
. Website design, modification, and maintenance.
o Provide project management and account support for numerous clients.
THE SALVATORI CENTER_ LEAD STUDENT MANAGER 07 /17 - s/20 o Conducted research alongside distinguished professors regarding politics, law, and philosophy.
Managed a team of fourteen students on several research projects and oversaw the production of quarterly newsletters.
CLAREMONT JOURNAL OF LAW AND PUBLIC POLICY - STATF WRITER 12/17 * 05t20 . Wrote and collaborated on law and public policy related articles and papers with fifty other staff writers, published in three editions.
o Participated in a symposium regarding immigration and global citizenship.
GOVERNOR BULLOCK'S OFFICE IN MONTANA - CONSTITUENT SERVICES & POLICY INTERN o6t19 - 08/19 o Assisted constituents with difficulties regarding state government via phone; communicated with the appropriate executive agency to resolve their problem.
a Responsible for writing recognition cards, mailing letters, and managing the Governor's outgoing mail.
ONEJUSTICE _ DEVELOPMENT AND COMMUNICATIONS INTERN a6/18 - 08/18 o Created a database for Congressional donors and interests based on extensive funding research of over 350 donors; managed and updated donor database containing over 30,000 donors.
o Cultivated content for social media and blog using Hootsuite and WordPress.
EDUCATION
CLAREMONT MCKENNA COLLEGE - CLAREMONT, CA o Bachelor of Arts in Government with a Concentration in Public Policy
o Recipient of the Government Department Chair's Award of Merit
CERTIFICATIONS
SOTTWART
o Adobe lllustrator Microsoft Office (Word, Excel, PowerPoint, Outlook)
. Hootsuite
. Canva
33
80 December 21, 2020, City Council Meeting Page No. 72 TRIPEPI SI-,1ITH a ALLISON TORRES
TRIPEPI SMITH - JUNIOR BUSINESS ANALYST 10/20 _ PRESENT . Conduct market research to provide client insights.
. Manage social media and respond to public questions.
r Write stories and press releases for the firm's website and city clients.
. Create visual content for social media.
TSE WORLDWIDE PRESS _ WEB DESIGNER, MARKETING LIASION 05/20 - OA/2A r Designed two custom websites for TSE Worldwide Press and United Yearbook, a subsidiary company.
o Developed strategic social media audits and campaigns.
. lmplemented a Diversity and lnclusion Policy through researching the company and policy. FELLOWSHIP MONROVIA - CENTER FOR RACIAL RECONCILIATION INTERN A8/19 .05/20 . Conducted research for racial disparities within Los Angeles County and created visual reports on Tableau.
e Assisted in the development of new programs and educational content.
. Supported the Center's director with scheduling and dailytasks. SOUTHERN CALIFORNIA EDISON - TACTICAL SCHEDULING INTERN O5/18 - 08/19 . Automated and programmed an interactive tool for change management to existing projects.
o Lead four department wide training on how to use the change management tool.
. Assisted the department Director with implementing an updated organizational structure. EDUCATION
BIOLA UNIVERSITY - LA MIRADA, CA o Bachelor of Science, Business Management
o Dean's list recipient
CERTIFICATIONS
SOFTWARE
. Hootsuite r Microsoft Office (Word, Excel, PowerPoint, Outlook)
. Canva o Microsoft Power Apps
e Sharepoint Designer o. Tableau
34
81 December 21, 2020, City Council Meeting Page No. 73 TRIPEPI SMITH ? KJERSTIN WINGERT
TRIPEPI SMITH _ SENIOR GRAPHIC ARTIST O3/1 5 _ PRESENT . Lead graphic artist on layout, graphic design, illustrations and creative concepts
. Photography for events, professional portraits, journal publications and branded stock imagery KIRKWOOD EDUCATIONAL PROGRAM - GRAPHIC DESIGNER 0s/13 - 02/15 o Design and layout of educational materials
o Created animated educational videos that provide a fun and interactive learning experience
. Edited audio and video clips to convey clear and concise information
FREELANCE GRAPHIC DESIGN 1U12-AA1s
o Design and layout of newsletters, flyers, websites and ads
o Creation of new and updated logo designs SAVINGS IN OC - GRAPHIC DESIGN INTERN 08/12 - 11/12 o Created, updated, and maintained advertisements and promotions for existing clientele
o Proofread monthly publications for any spelling errors, misprints and distorted images
EDUCATION
GOLDEN WEST COLLEGE - HUNTINGTON BEACH, CA r Graphic Design Advanced Production Certificate CONCORDIA UNIVERSITY - IRVINE, CA o Bachelor of Arts in Business Administration, Marketing - Dean's list recipient ECOLE SUPERIEURE LIBRE DES SCIENCES COMMERCIALES APPLIQUEESIS - PARIS, FRANCE o Bachelor of Business Administration, Management - Graduated Magna Cum Laude PROFESSIONAL DEVELOPMENT
CERTIFICATION S
. Hootsuite Social Marketing 02/L9
SOFTWARE
o Adobe lllustrator Adobe Acrobat Adobe Premiere r Adobe Photoshop a Adobe Lightroom n Microsoft Office o Adobe lnDesign Adobe Flash
35
82 December 21, 2020, City Council Meeting Page No. 74
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83 December 21, 2020, City Council Meeting Page No. 75
Agenda Report CITY OF LA VERNE Public Works Department
DATE: December 21,2020
TO Honorable Mayor and CitY Council
FROM: Daniel W. Keesey, lnterim Director of Public Works
SUBJECT: Addition of Concrete lmprovements on the West Side of D Street from Bearcat Way to 1,040 Feet South
AGENDA SUMMARY
Due to extremely favorable prices received on the original project, staff authorized the contractor to expand the removal and replacement of concrete sidewalk by adding an additional 9,640 square feet of improvements to their scope of work. ThL engineering estimate for this project was $200,000, with the initial bid submitted at roughly half of the estimate.
RECOMMENDATION
Staff recommends that the City Council approve the additional scope of work for concrete improvements in the amount of $88,865.
BACKG ROUND
On November 19, 2020, Public Works staff requested informal bids for concrete improvements along D Street from Durward Way to Bearcat Way. On November 251h,2020, one bid ias received and opened for the D Street Concrete lmpiovements Project; two other companies neglected to submit bids. The work consist of furnishing of all necessary materials, labor, tools & equipment to remove the existing concrete sidewalk and replace with a meandering sidewalk with a salt finished concrete border on each side of the walkway. This area was chosen to rehabilitate for aesthetics, to improve the beautification in front of Bonita High School, and to improve safety along pedestrian and student's pathway.ihe lowest informal bidder was Gentry Brothers lnc., in the amount of the bgA,Zt 5.00. ln accordance with the City's Purchasing Policy, staff authorized contractor to increase their scope of work by 9,640 square feet and an additional $88,865.00. This action saved the City approximately $25,000 in future mobilization cost and we were able to negotiate lower unit prices. This project was originally scheduled for Fiscal Year 2019-20 to infill dirt parkways with
84 December 21, 2020, City Council Meeting Page No. 76 City Council re: D Street lmprovements December 21,2020 Page 2 of 2
concrete from Durward Way to Fifth Street. Due to the current workload, the project was pushed to Fiscal Year 2020-21. As mentioned, the original scope of work was to infill dirt parkways, however, the project was revised to improve aesthetics and provide a safe path of travel for pedestrians on D Street from Durward Way to Tenth Street.
Fiscal
The D Street lmprovement Project is funded for $200,000 in the approved 2020' 21 General Capital lmprovement Budget. The cost of the first phase of construction was $98,71 5.
Respectfully submitted,
Anthony Ciotti Deputy Director of Public Works
85 December 21, 2020, City Council Meeting Page No. 77
n 3 CIry OF LAVERNE
DATE: December 21 ,2020
TO Honorable Mayor and City Council
FR Eric Scherer, AICP, Community Development Director
SU BJECT: Resolution No. 20-86 - Adoption of a resolution a tng execution of an agreement with LSA Associates, lnc. for the preparation of the environmental document for a proposed residential development al 3717 Fruit Street and at't874, 1876, and 1878 Walnut Street
gll
The community Development Department is currently processing applications submitted by Brandywine Homes for a proposed residential development at3717 Fruit Street (ApN 8666-017-028) and at 1874, 1876, and 1878 Walnut Street (APN 8378- OO7-907, 8378-007-908, and 8378-007-909). Along with the applicant, the City has selected environmental consulting firm LSA Associates, lnc. to prepare the necessary environmental documents required for the development project in conformance with the California Environmental Quality Act (CEOA).
f-rl
Staff recommends that the City Council adopt Resolution No. 20-86 to authorize execution of an agreement with LSA Associates, lnc. for environmental services related to the preparation of CEQA documents for Brandywine Homes' proposed residential development al 3717 Fruit Street and at 1874, 1876, and 1878 Walnut Street (Attachment A). liGlll on september 17,2020, staff issued a Request for Proposals (RFP) from qualified environmental consultants for the review and preparation of a CEQA document which would analyze potential environmental impacts associated with two (2) proposed residential developments by Brandywine Homes at 3717 Fruit Street and 1874' 1876' and 1878 Walnut Street, respectively. The two (2) proposed residential developments, which are located at two (2I separate sites, are being processed by staff as a single project under a proposed Disposition and Development Agreement, and thus, a single environmental document is being prepared for the project.
86 December 21, 2020, City Council Meeting Page No. 78 LSA Professional Services Agreement December 21,2020 Page2
The RFP was sent to twenty-Mo (22) environmental consultants and was posted to the City's website. At the conclusion of the RFP's October 19, 2020 deadline for submissions, a total of five (5) environmental consultants had submitted proposals to prepare the required environmental documents. Staff reviewed each proposal in detail, and in conjunction with the applicant, concluded that LSA Associates, !nc. was the most thorough proposal at a fair price.
LSA Associates, Inc. will be tasked with the preparation of an environmental document compliant with the CEQA. Once completed, the results from the environmental document will be presented to the Planning Commission and a fina! determination will be made by City Council. The proposed agreement will be executed between LSA Associates, lnc. and the City; however, the applicant, Brandywine Homes, will fund all costs incurred by the City under the agreement and will be required to deposit funds to the City in advance of LSA Associates, lnc. commencement of work on the project.
A separate item under Other Matters requests City Council authorization for the execution of a Disposition and Development Agreement between the City and Brandywine Homes. The proposed Disposition and Development Agreement sets forth terms to allow the sale of City-owned property at 1874, 1876, and 1878 Walnut Street to Brandywine Homes in exchange for the development of affordable housing units at the site. As previously indicated, the environmental documents to be prepared by LSA Associates, lnc. will incorporate analysis of the environmental impacts of the proposed development at 3717 Fruit Street and at 1874, 1876, and 1878 Walnut Street. The services of LSA Associates, lnc. for the preparation of environmental documents will be necessary regardless of whether or not the City Council approves the Disposition and Development Agreement. !n the event the City Council does not approve the Disposition and Development Agreement, the scope of work under the professional services agreement with LSA Associates, lnc. would be modified to remove the analysis of the Walnut Street site, but otherwise would proceed as proposed.
Respectfully submitted by: Maia McCurley, Associate Planner
Attachments:A. Resolution No. 20-86 B. Exhibit 1 - Professional Services Agreement C. Exhibit A - LSA Proposal (Budget and Scope of Services)
87 December 21, 2020, City Council Meeting Page No. 79
RESOLUTTON NO.20-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL CONSULTING SERVICES FOR A PROPOSED RESIDENTIAL DEVELOPMENT AT 3717 FRUIT STREET AND AI 1874,1876, AND I878 WALNUT STREET.
BE lT RESOLVED by the City Council of the City of La Verne as follows
Section l. That the City Manager of the City of La Verne be hereby authorized to execute an Agreement with LSA Associates, lnc. for environmental consulting services, said Agreement being in the form attached hereto as Exhibit 1 and made a part hereof by reference as though the same were set forth in full herein.
Section 2. That the Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 21sr day of December,2O20.
Tim Hepburn, Mayor
ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
I hereby certify that the foregoing Resolution No. 20-86 was duly and regulary adopte-d by the eity Council of the City of La Verne at a meeting thereof held on the 21"' day of December, 2020, by the following vote:
AYES: NOES: ABSENT: ABSTAIN
Lupe Gaeta Estrella, Assistant City Clerk
88 December 21, 2020, City Council Meeting Page No. 80
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement, entered into this 21st day of December,2020 (the "Execution Date"), by and between the CITY OF LA VERNE, a municipal corporation ("City"), and LSA Associates, lnc. ("Consultant"), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the state of california.
B. The Consultant is qualified to do business, and is doing business, in the State of California. Consultant represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement'
C. The City and Consultant desire to enter into an agreement for the Consultant to provide professional services to the city as set forth herein, upon the terms and conditions set forth below.
parties as NOW, THEREFORE, it is mutually agreed by and between the undersigned follows:
AGREEMENT
SECTION 1. TERM.
This Agreement shall commence on the Execution Date, and shall or the 21't terminate upon the completion of the services required by this Agreement, as set forth day of December. 2021. whichever is earlier, unless terminated earlier herein.
NT. SECTION 2 SE ICES TO PERFO RMED BY CONSUL
are more Consultant shall perform all of the services ("Services") that incorporated fully set forth in Exhibit A, scope of services, attached hereto and Exhibit A, Budget and herein. The Services shall be completed in accordance with scope of services, attached hereto and incorporated herein.
89 December 21, 2020, City Council Meeting Page No. 81
SECTION 3. SERVICES TO BE PERFORM ED BY CIry.
City shall perform the following services:
A. Make available to Consultant any currently existing documents, data or information pertinent to the Services.
B. Designate a representative authorized to act on behalf of City.
c. Prompfly examine and render findings on all documents submitted for staff review by Consultant.
SECTION 4.
consultant shall be compensated for services performed pursuant to this Agreement in an amount not to exceed $92,508, for an lnitial study/Mitigated Negative Declaration as set forth in the proposal (Exhibit A)'
SECTION 5. NOTICES.
All notices, demands, requests or approvals to be given underthis Agreement, shall be given in writing and conclusively shall be deemed served when delivered postage p"rson"lly or on the third business day after deposit in the United States mail, prepaid, registered or certified, addressed as follows:
A.Allnotices,demands,requestsorapprovalsfromConsultanttoCity shall be addressed to CitY at:
Community Development Department City of La Verne 3660 D Street La Verne, CA 91750 AfiN: Eric Scherer, AICP, Community Development Director
B All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at:
LSA ASSOCIATES, INC. 1500 lowa Avenue, Suite 200 Riverside, CA92507 ATTN: Dionisios Glentis
90 December 21, 2020, City Council Meeting Page No. 82
SECTION 6. PE
Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. Neither the city nor its officers or employees shall have any control over the conduct of Consultant or any of consultant's agents, employees, or subconsultants, except as otherwise provided herein.
SECTION 7. T
This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and or agreements of whatsoever kind or nature are merged herein. No verbal agreement this iriplied covenant shall be held to vary the provisions hereof. Any modifications of Agreement will be effective only be written execution signed by both city and Consultant, and approved as to form by the City Attorney'
SECTION 8.
Priortocommencingwork,Consultantshallprocure,maintainandpayfor property may arise insurance against claims for injuries to persons or damage to which by from or in connection with the performance of the work or services hereunder for consultant and consultant's agents, representatives, employees or subconsultants forth in section the duration of this Agreement. The requirements of insurance are set 22hereol.
SECTION 9. IT
lfanylegalactionisnecessarytoenforceanyprovisionofthisAgreementorfor the damages uy relson of any alleged breach of any provision of this Agreement, costs, pr"r"iiing party shall be entitled to receive from the losing party all reasonable may adjudge to be disbursements and expenses, and such amount as the court reasonable attorneY's fees.
SECTION 10. MI
Consultantshallindemnify,defendandholdharmlessCity,itsCityCouncil, boardsandcommissions,officers,agentsandemployees(collectivelyhereafterthe "City")againstanyorallloss,damages,liability,claims,suits'costs'expenses'and attorney's fees, arising from the negligent iuagme;ts, whatsoever, including reasonable
91 December 21, 2020, City Council Meeting Page No. 83
or willful acts, errors or omissions of Consultant or Consultant's officers, agents, employees or subconsultants, in the performance of services, activities or work conducted pursuant to this Agreement.
SECTION 11, PROHIBITION AGAINST TRANSFERS.
Consultant shall not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City's consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, sublease, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant or of any general partner or joint venture or syndicate member of Consultant, if a partnership or joint venture or syndicate exists, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corPoration.
SECTION 12. PERMITS AND LICENSES.
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
SECTION 13. WAIVER.
A waiver by either party to this Agreement of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein.
SECTION 14. TERMINATION.
ln the event Consultant fails or refuses to perform any of the provisions of this by Agreement, and if the default is not cured within a period of five (5) days after receipt and the Consultant of City's written notice of default specifying the nature of the default by steps necessary to cure the default, City may immediately terminate this Agreement written notice. City shall have the option, at its sole discretion and without cause, of Upon terminating this Agreement by giving ten (10) days written notice to Consultant. and termination of this ngreement, City shall pay to Consultant compensation earned unpaid up to the effective date of termination'
92 December 21, 2020, City Council Meeting Page No. 84
SECTION 15. COMPLIANCE WITH LAW.
Consultant shall comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City. lf such ordinances, rules or regulations enacted or issued by the City after the effective date of this Agreement significanfly impact Consultant's performance of its obligations under this Agreement, equitable adjustment may be made to the time of performance, the compensation, or both, as appropriate.
SECTIONl6. DISCRIMINATION.
Consultant shall not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability, and shall comply with the requirements of City, state and federal law.
SECTION 17. NUISANCE.
Consultant shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
SECTION 18. RECORDS.
Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, and/or other direct costs.
permit Consultant shall maintain records of service provided insufficient detait to with generally an evaluation of services. All records shall be maintained in accordance accepted accounting principles and shall be clearly identified and readily accessible' to Consultant's Representatives of City or its designees shall be allowed free access transcripts books and records, and shall have the right to examine, audit and make proceedings and therefrom as necessary, and to inspect all work, data, documents, documents, activities related to this Agreement. such records, together with supporting maintained for a shall be kept separate from other documents and records and shall be period of three (3) years after receipt of final payment'
93 December 21, 2020, City Council Meeting Page No. 85
SECTION 19. REPORTS
Each and every final report, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement and delivered to the City shall be the exclusive property of City, including the originals of all notes, memoranda, sketches, letters and documents developed and received by Consultant.
Consultant shall furnish reports concerning the status of services required under this Agreement at City's request. No report, work product, map, record or other document given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior written approval by City. City shall not reuse or make any modifications to the designs, plans and specifications prepared by Consultant without the prior authorization of Consultant. The provisions of this Section shall apply to all materials developed by subconsultants pursuant to this Agreement unless otherwise authorized in writing by City prior to execution of any agreement with said subconsultants.
SECTION 20. STANDAR OF CARE
Consultant agrees that all services performed hereunder, including services performed by any subconsultant, shall be provided in a manner consistent with that level of care and skill ordinarily exercised by members of Consultant's profession currently practicing in the same locality under similar conditions.
SECTION2l. SUBCONSULTANTS.
Consultant shall be responsible for the quality of all subconsultant work performed pursuant to this Agreement. Consultant may terminate and replace the services of any subconsultant, subject to the prior written approval by the City which shall not be unreasonably withheld or delayed. Every subcontract or agreement of any kind entered into between Consultant and subconsultant (or between any subconsultant and others) shall contain the following provision:
This agreement is consistent with the specified terms and conditions of the Agreement entered into between the City of La Verne and LSA Associates, lnc. on (hereinafter referred to as the "Agreement") including, but not limited to: Section 2, Services to be Performed by Consultant; Section 4, Compensation; and Section 8' lnsurance.
94 December 21, 2020, City Council Meeting Page No. 86
SECTION 22 LEGAL AND INSURANCE REQUIR EMENTS.
A. The CONSULTANT will not assign, transfer, convey or otherwise dispose of its contract or rights, title or interest in or to the same, without prior written consent of the CITY.
B. At the time of execution of the contract, the CONSULTANT will be required to carry the following insurance:
1) Commercial General Liability/Umbrella lnsurance: The CONSULTANT shall obtain, at its sole cost prior to exercising any right of performing any obligation, a policy or policies of general liability insurance, or certificate of such insurance, satisfactory to the City Attorney, which provides coverage not less than that provided against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of operations. lnsurance shall provide coverage for both bodily injury and property damage. Total limits shall be not less than one million dollars ($1,000,000) per occurrence for all coverage and two million dollars ($2,000,000) general aggregate. Said general liability policy and certificate thereof shall name the City of La Verne and its policy shall be primary to any insurance carried by the CITY.
2) Workers' Compensation: The CONSULTANT shall furnish the CITY with an insurance certificate from its Workers' Compensation insurance carrier, certifying that it carried such insurance in accordance with the requirements of state law, and the policy shall not be cancelled nor the coverage reduced during the term of the contract.
3) Business Auto/Umbrella Liability lnsurance: Primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than one million dollars ($1,OOO,OOO) per accident. starting and ending dates shall be concurrent. lf CONSULTANT owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
4) Employer's Liability insurance of at least $500,000'
C. Any deductibles or self-insurance retention must be declared to and approved
95 December 21, 2020, City Council Meeting Page No. 87
by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductible or self-insurance retention as respects the city, its officers, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.
D. The general liability policy is to contain, or be endorsed to contain, the following provisions:
1) The CITY, its officers, officials, employees, agents and volunteers are to be covered as insured as respects liability arising out of activities performed by or on behalf of the CONSULTANT.
2) For any claims related to the services requested, the contractor's insurance coverage shall be primary insurance as respects the city, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the city, its officers, officials, employees, agents or volunteers shall be excess of the CONSULTANT'S insurance and shall not contribute with it,
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the city, its officers, officials, employees, agents or volunteers.
4) The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's tiability.
5) Each insurance policy required by this Section shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until thirty (30) days' notice thereof has been given in writing to the Clry' CONSULTANT shall give the CITY prompt and timely notice of any claim made or suit instituted.
E. lnsurance is to be placed with insurers with a current AM Best's rating of no less than A: Vll, unless otherwise acceptable to the CITY'
F. CONSULTANT shall provide the Clry complete, certified copies of all required insurance policies, including endorsements, affecting the coverage
96 December 21, 2020, City Council Meeting Page No. 88
required by these specifications.
SECTION 23. GOVE RNING LAW.
This Agreement shall be construed in accordance with and governed by the laws of the State of California.
SECTION 24. FORCE MAJEURE.
Neither party shall be deemed to be in default on account of any delays or failure to perform its obligations under this AGREEMENT, which directly results from an acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, erroneous data provided to consultant, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.
lN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
Dated this 21"tof December,2020.
ATTEST: CITY OF LA VERNE
Lupe Gaeta Estrella, CMC Robert Russi Assistant City Clerk City Manager
LSA Associates, lnc.
Consultant
97 December 21, 2020, City Council Meeting Page No. 89
EXHIBIT A
BUDGET AND SCOPE OF SERVICES
98 December 21, 2020, City Council Meeting Page No. 90
PROPOSAL FOR CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ANALYSIS AND DETERMINATION FOR RESIDENTIAL DEVELOPMENT AT 3717 FRUIT STREET AND AT 1874, 1876, AND 1878 WALNUT STREET
FOR THE CITY OF LA VERNE
OCTOBER 19, 2020 Revised NOVEMBER 3, 2020 Revised NOVEMBER 4, 2020 Revised NOVEMBER 30, 2020 December 21, 2020, City Council Meeting Page No. 91
TABLE OF CONTENTS
TABLE OF CONTENTS ...... I SECTION 1. COVER LETTER ...... II SECTION 2. APPROACH, METHODS, AND STRATEGIES ...... 1 TASK 1.0: PROJECT INITIATION ...... 2 Task 1.1: Project Kick-Off Meeting ...... 2 Task 1.2: Project Description ...... 2 TASK 2.0: TECHNICAL STUDIES ...... 3 Task 2.1: Biological Resources ...... 3 Task 2.2: Cultural Resources and Historic Architecture ...... 4 Task 2.3: Noise and Vibration Assessment ...... 4 Task 2.4: Transportation Study ...... 5 Task 2.5: California Emissions Estimator Model (CalEEMod), Version 2016.3.2 ...... 6 Task 2.6: Peer Review of Phase I and II Environmental Site Assessments ...... 6 TASK 3.0: INITIAL STUDY ...... 7 Task 3.1: Draft Initial Study ...... 7 Task 3.2: Mitigation Monitoring and Reporting Program ...... 7 TASK 4.0: MITIGATED NEGATIVE DECLARATION ...... 7 Task 4.1: IS/MND Public Review Materials ...... 7 Task 4.2: Response to Public Comments ...... 8 Task 4.3: Final IS/MND and Notice of Determination ...... 8 TASK 5.0: PROJECT MANAGEMENT AND MEETINGS ...... 8 Task 5.1: Project Management ...... 8 Task 5.2: Meetings and Public Hearings ...... 8 SECTION 3. SCHEDULE ...... 9 SECTION 4. BUDGET ...... 10 SECTION 5. ORGANIZATION CHART...... 11 Management Staff ...... 12 Subconsultant ...... 12 SECTION 6. FIRM DESCRIPTION ...... 39 Firm Experience ...... 39 SECTION 7. SUMMARY OF RECENT ENVIRONMENTAL DOCUMENTS ...... 44 SECTION 8. RELEVANT CITY PROJECTS ...... 46 TABLE Table A: Key Staff ...... 41 APPENDIX Budget Details ...... 49
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SECTION 1. COVER LETTER
ii December 21, 2020, City Council Meeting Page No. 93 CARLSBAD FRESNO IRVINE LOS ANGELES PALM SPRINGS October 19, 2020 POINT RICHMOND Revised November 3, 2020 RIVERSIDE Revised November 4, 2020 ROSEVILLE Revised November 30, 2020 SAN LUIS OBISPO City of La Verne Community Development Department Attn: Eric Scherer, AICP, Community Development Director 3660 D Street La Verne, California 91750 Subject: Proposal to provide California Environmental Quality Act (CEQA) Analysis and Determination for Residential Development at 3717 Fruit Street and at 1874, 1876, and 1878 Walnut Street in the City of La Verne, Los Angeles County, California LSA Dear Mr. Scherer: Riverside LSA is pleased to submit this proposal to prepare California Environmental (Managing Office) Quality Act (CEQA) documentation and technical studies for two residential 1500 Iowa Avenue, Ste. 200 developments proposed at 3717 Fruit Street and at 1874, 1876, and 1878 Riverside, CA 92507 Walnut Street in the City of La Verne (City), Los Angeles County, California. (951) 781-9310 The two project sites will require amendments to their respective Specific www.lsa.net
Plans in addition to other discretionary approvals and are located on Principal in Charge opposite sides of the City. However, they are being processed as a single Frank Haselton (951) 781-9310 project under a Development Agreement and in accordance with CEQA. [email protected] LSA has extensive experience supporting the City with CEQA compliance for Project Manager Specific and Master Plans and residential developments. Dionisios Glentis, Dionisios Glentis LSA Project Manager, managed the City’s CEQA compliance for the (951) 781-9310 [email protected] Brethren Hillcrest Homes Master Plan Update and the Damien High School t Master Plan Update, and LSA’s technical staff has analyzed residential (e.g., Brethren Hillcrest Homes, La Verne Village [mixed-use], and Sage Canyon) and institutional (e.g., Damien High School Master Plan Update) projects throughout the City. We retain the necessary technical specialists in-house to conduct all of the requisite CEQA analyses and evaluate potential environmental impacts of the project. With LSA’s extensive experience in the City and familiarity with the La Verne General Plan and Municipal Code, we will prepare a legally defensible CEQA document and technical studies under an efficient schedule. Please contact Dionisios Glentis at (951) 781-9310, [email protected], or Frank Haselton (951) 781-9310, [email protected], should you need further information. As LSA’s Chief Executive Officer, I am authorized to bind and negotiate on behalf of the firm. We certify that the proposal is valid for a 90-calendar day period. We look forward to working with the City on this project. Sincerely, LSA ASSOCIATES, INC.
Mike Trotta Chief Executive Officer 1500 Iowa Avenue, Suite 200, Riverside, California 92507 951.781.9310 www.lsa.net
LSA is a business name of LSA Associates, Inc.
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SECTION 2. APPROACH, METHODS, AND STRATEGIES
The Brandywine Homes Residential Project (project) includes development of 50 attached, interlocking townhomes on 2.26 acres at 3717 Fruit Street (Assessor’s Parcel Number [APN] 8666- 017-028), as well as eight detached single-family affordable housing units on 0.73 acre at 1874, 1876, and 1878 Walnut Street (APN 8378-007-907, APN 8378-007-908, and APN 8378-007-909). The two residential developments are being processed as a single project in order to comply with the City of La Verne’s (City) Inclusionary Housing requirement under a proposed Development Agreement and in accordance with the California Environmental Quality Act (CEQA).
Current zoning for the Fruit Street site is the Foothill Boulevard Specific Plan, and the General Plan land use designation is Commercial/Business Park. Current zoning for the Walnut Street site is the Walnut Street Specific Plan, and the General Plan land use designation is Low Density Residential (0–5 dwelling units per acre). The project would require amendments to both the Foothill Boulevard Specific Plan and the Walnut Street Specific Plan to update the high-density development standards for the project sites in accordance with the City’s Housing Element Program Nos. 28 and 30. The Specific Plan amendments would include updates to their respective development standards for high- density residential development and allow for an increased density bonus for affordable housing within the Walnut Street Specific Plan. Additional discretionary actions for the Fruit Street site include Precise Plan Review, Tentative Tract Map, and potentially General Plan Amendment and Tree Removal. Additional discretionary actions for the Walnut Street site include Precise Plan Review, Tentative Tract Map, and General Plan Amendment.
The two project sites are approximately 1.4 miles apart within unique environmental settings. LSA proposes to analyze each site both individually (site specific) and cumulatively where appropriate to ensure that the impacts of the proposed discretionary actions at both sites are fully evaluated. Based on LSA’s experience in the City on similar projects, we believe that a Mitigated Negative Declaration (MND) will be the appropriate environmental document under CEQA. Accordingly, LSA proposes to evaluate potential environmental effects of the project through the provision of the following services:
• Preparation of the following Technical Studies/Reports:
o Biological Resources Assessment, Tree Inventory for Walnut St. Site, and Peer Review of Studio PAD Inc. Tree Inventory/Evaluation for Fruit St. Site (site specific);
o Cultural Resources Assessment and Historic Architecture Evaluation (site specific);
o Noise and Vibration Assessment (site specific);
o Transportation Study (Level of Service) and Vehicle Miles Traveled Analysis (site specific and cumulative);
o California Emissions Estimator Model (CalEEMod), Version 2016.3.2 (site specific and cumulative); and
o Peer Review of the following Applicant-prepared technical studies: . Phase I and Phase II Environmental Site Assessment (Fruit St. Site) . Phase I Environmental Site Assessment and Shallow Soil Sampling (Walnut St. Site)
• Preparation of a Mitigated Negative Declaration along with the Initial Study checklist.
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If any of LSA’s analyses determine that the project could have a significant and unavoidable environmental impact, we will immediately contact the City to determine an appropriate course of action. This could involve the preparation of a focused environmental impact report (ElR). For example, our architectural historian reviewed the undated Historic Resources Inventory and the Status Report of a Historic House at 3717 Fruit Street prepared by John S. Sorcinelli on April 10, 2020, and concluded that the house proposed for demolition on the Fruit Street site has potential to qualify as a historical resource at the local level pursuant to State CEQA Guidelines Section 15064.5. In order for demolition of the house at 3717 Fruit Street to comply with CEQA, the house would have to be evaluated for possible inclusion on the California Register of Historical Resources (California Register) by a person who meets the Secretary of the Interior’s Professional Qualification Standards in accordance with State CEQA Guidelines Section 15064.5(b)(3). If the house is determined to be eligible for inclusion in the California Register, then demolition of the house would result in a significant and unavoidable environmental impact and a focused Environmental Impact Report (EIR) may be required.
LSA has extensive experience in the City, particularly in proximity to the Fruit Street site and Walnut Street site, as well as with historic-era buildings within the City. LSA prepared the Initial Study/ Mitigated Negative Declaration (IS/MND) for the La Verne Village Mixed Use Project within the Foothill Boulevard Specific Plan, 0.4 mile southeast of the Fruit Street site. LSA also prepared IS/MNDs for the Brethren Hillcrest Homes Master Plan Update Project and the Damien High School Master Plan Update Project, respectively, 0.5 mile and 0.7 mile north and northwest of the Walnut Street site. Both the Brethren Hillcrest Homes Master Plan Update Project and the Damien High School Master Plan Update Project included evaluation of historic-era residential and institutional buildings, the latter for which LSA prescribed mitigation to reduce potential impacts to significant historic buildings to less than significant levels.
In order to gauge the public’s interest and opinion of the proposed project, LSA will present the CEQA process at public workshops that will be used to focus the analyses in the Initial Study. The proposed Cultural Resources Assessment and the Historic Architecture Evaluation would bolster the project’s legal defensibility in reference to the project’s potential impacts to significant historical resources if the historic house at 3717 Fruit Street were evaluated by a person who meets the Secretary of the Interior’s Professional Qualification Standards (State CEQA Guidelines Section 15064.5(b)(3)).
TASK 1.0: PROJECT INITIATION Task 1.1: Project Kick-Off Meeting A project kick-off meeting will be held to ensure an orderly flow of project efforts. The meeting will be held with City staff, the project applicant, and other City team members as appropriate. Prior to the kick-off meeting, LSA will identify its document and information needs to assist the City and the City team members in accumulating the background information necessary to initiate the program.
Task 1.2: Project Description LSA will collaborate with the City, project applicant, and the City/project team members in defining the Project Description. LSA will draft a comprehensive Project Description based on the most recent information provided by City in addition to the project information provided by the applicant and its engineer or other team members. The Project Description will provide a detailed narrative of the proposed project, its operational characteristics, and geographical setting as required by CEQA.
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Additionally, LSA will visit the project sites to establish an understanding of existing site conditions, the physical setting of the proposed project sites, and the relationship between the project sites and adjacent land uses.
TASK 2.0: TECHNICAL STUDIES LSA will prepare the following technical studies with associated memoranda and/or tabular documentation as specified below. Each of these assessments will be prepared in accordance with CEQA standards and will be applicable in support of an IS/MND or EIR. LSA will prescribe mitigation measures as necessary and will submit each assessment to the City for review as an appendix to the CEQA document. LSA assumes one round of consolidated City and project applicant comments to each of the technical studies. Comments made by attorneys and/or any third party reviewer(s) will be considered an additional round of review and potentially be subject to a budget augment.
Task 2.1: Biological Resources LSA will conduct a general biological resources study, which includes a literature review and reconnaissance survey of the Walnut St. Site and a literature review of the Fruit St. Site1 to identify sensitive species reported to occur on or in the vicinity of each site. LSA will prepare a report with the results of the assessment for each project site. The report will include a summary of the results of the literature reviews and field survey; all survey methodology; a list of species observed; a discussion of plant communities and mapped soils; an assessment of potential habitat value for sensitive species and identification of any additional focused species surveys that may be necessary; and graphics as needed to show any potential sensitive species habitat or sensitive natural communities on the project sites.
LSA will also conduct a tree evaluation at the Walnut St. Site at 1874, 1876, and 1878 Walnut Street (APN 8378-007-907, APN 8378-007-908, and APN 8378-007-909) and peer review the Tree Inventory and Evaluation Reports prepared by Studio PAD, Inc. for the Fruit St. Site at 3717 Fruit Street (APN 8666-017-028) pursuant to Section 18.78 (Preservation, Protection and Removal of Trees) of the City’s Municipal Code. An LSA arborist certified by the International Society of Arboriculture (ISA) will conduct the evaluation and peer review, which will include an inventory of all trees on the Walnut St. Site with a single-trunk caliper of four inches or greater. Dead trees, palms under 8 feet tall, and invasive species such as tree of heaven (Ailanthus altissima) will not be inventoried. Based on aerial photography, LSA estimates that there are up to four trees on the Fruit St. Site that would need to be inventoried. Each tree will be assigned a number and identified to the degree necessary to determine if it meets the definition of “significant tree” in Section 18.78 (i.e., any cedar, camphor tree, oak tree, California sycamore, or southern California black walnut). Trees that meet this definition will be further evaluated by measuring height, canopy, and trunk caliper; estimating age, and assessing general condition. A peer review memorandum will be prepared for the Fruit St. Site, and a tree report will be prepared for the Walnut St. Site pursuant to Section 18.78.130 of the Municipal Code to present the results of the evaluation. The peer review memo and tree report will be included in the general biological resources reports and will include a tabular summary of the data collected for each tree, a map showing tree locations, and a photograph of each significant, specimen, or heritage tree on the Walnut St. Site. The reports will also include proposed protection measures for each significant,
1 Since the Fruit St. Site is an active nursery in-fill site, a pedestrian survey for rare, threatened, and endangered species is not required for the Fruit St. Site.
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specimen, or heritage tree that would be proposed for preservation in accordance with protective measures specified in Section 18.78.160 of the Municipal Code.
Please note: If the project will include a connection to Live Oak Wash (adjacent to the Walnut Street site), a jurisdictional delineation may be needed as well as permitting from U.S. Army Corps of Engineers, the Regional Water Quality Control Board, and/or California Department of Fish and Wildlife. These additional services would require an augment to the proposed scope and budget.
Task 2.2: Cultural Resources and Historic Architecture Based on preliminary research, the historic house at 3717 Fruit Street proposed for demolition has the potential to qualify as a historical resource at the local level pursuant to State CEQA Guidelines Section 15064.5. In order for demolition of the house at 3717 Fruit Street to comply with CEQA Guidelines, the house would have to be evaluated for possible inclusion on the California Register by a person who meets the Secretary of the Interior’s Professional Qualification Standards in accordance with CEQA Guidelines Section 15064.5(b)(3). If the house is determined eligible for inclusion on the California Register, then demolition of the house would result in a significant environmental impact, and a focused EIR may be required. Therefore, an evaluation of built environment resources is included in this proposal and would occur in conjunction with an archaeological assessment of each project site to identify any potential contributing elements or features of the homestead and to provide supporting documentation to interested Native American Tribes as part of the City’s consultation pursuant to Assembly Bill (AB) 52 and Senate Bill (SB) 18. LSA will prepare a technical study for each site that will include the following:
• Research and Records Search • Field Surveys • Department of Parks and Recreation Form to document and evaluate the historic house at 3717 Fruit Street for significance in accordance with the California Register and any local criteria for designation (if applicable).
Please note that the South Central Coastal Information Center (SCCIC), the State repository for cultural resources data in Los Angeles County, is currently closed to the public due to the Covid-19 Pandemic, and all records searches must be commissioned through the SCCIC staff. Accordingly, LSA does not have control over the SCCIC’s response time.
The scope of work and associated cost estimate are based on a CEQA-level of effort with no federal or State agency involvement and the assumption that the City as Lead Agency will conduct all Native American consultation for the project in accordance with AB 52 and SB 18. Additionally, LSA stipulates that only one building will be evaluated (the historic house at 3717 Fruit Street). If additional resources require evaluation, LSA will notify the City to request a budget augment if necessary.
Task 2.3: Noise and Vibration Assessment LSA will prepare a Noise and Vibration Assessment that will address the CEQA checklist for the project. Both project sites will be analyzed, and the results will be presented in one technical memorandum. The assessment will include a review of the City’s applicable noise and vibration standards and will assess potential short-term construction impacts as well as long-term traffic-related and operational impacts to sensitive receptors in the project vicinity. The following tasks will be completed for this effort:
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• Survey of existing ambient noise levels • Determination of short-term construction noise and vibration impacts • Determination of operational noise and vibration impacts to both on- and off-site noise-sensitive uses • Determination of off-site transportation noise and vibration impacts to both on- and off-site noise- sensitive uses
Task 2.4: Transportation Study This transportation scope of work is prepared in accordance with the City of La Verne Transportation Study Guidelines for Vehicle Miles Traveled and Level of Service (dated August 2020) and analyzes the combined potential environmental effects of both project sites on the local circulation network. LSA will conduct a Vehicle Miles Traveled (VMT) Analysis in accordance with State CEQA Guidelines Section 15064.3(b). In addition, preliminary trip generation calculations indicate that the project with the combined 50 three-story townhomes and eight single-family detached affordable homes would not generate enough vehicle trips to exceed 100 overall trips during either the AM or PM peak hour or 51 or more trips during either the AM or PM peak hour at any intersection. However, as requested by City staff, LSA proposes a Level of Service (LOS) Analysis to support the City in its determination of General Plan consistency with LOS standards.
The proposed Transportation Study would address existing traffic conditions, future traffic forecasts (including a Horizon Year analysis due to the proposed General Plan Amendment), project-related impacts, and infrastructure (roadway segment and/or intersection) improvements (if necessary). LSA would evaluate the anticipated vehicle trip generation from both project sites cumulatively to determine potential impacts to the circulation network in proximity to each site. The following tasks will be completed for this effort:
• Coordination with City staff • Trip generation calculations • VMT Analysis o Active transportation and public transit analysis o The project may be screened out of a project-level VMT assessment because the Walnut Street site is comprised of affordable housing (Project Type Screening) while the Fruit Street site is located within a Transit Priority Area along a High-Quality Transit Corridor (Foothill Transit Line 291 and Line 690 combined operate at service intervals of 15 minutes during peak commute hours within 800 feet of the Fruit Street site). Therefore, the project may be presumed to have a less than significant impact on VMT. • LOS Analysis: o Scoping agreement memorandum o Data collection and site visit o LOS Analysis . Existing traffic conditions . Project opening year without and with project traffic conditions . Horizon year without and with project traffic conditions . Project trip characteristics and changes to traffic patterns . Access and circulation analysis o Specifically, the LOS Analysis would include the three driveways at Lutheran High School, the northernmost driveway at the commercial plaza adjacent to the south of the Fruit St. Site, the
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intersection of Fruit St./Foothill Blvd., and the intersection of Fruit St./Amherst St. The analysis at the Fruit St./Amherst St. intersection shall consider both traffic flow as existing, as well as traffic flow if the intersection were signalized.
Task 2.5: California Emissions Estimator Model (CalEEMod), Version 2016.3.2 LSA will utilize the California Emissions Estimator Model (CalEEMod), Version 2016.3.2, to evaluate the amounts of criteria air pollutants and greenhouse gases the proposed project would emit and to determine the amount of energy that would be required to construct and operate the project. LSA would evaluate the anticipated criteria air pollutants, greenhouse gas emissions, and energy demand from both project sites cumulatively to determine potential impacts to air quality, the climate, and energy resources. Additionally, LSA would evaluate each site individually with respect to localized significance thresholds to determine impacts to nearby sensitive receptors from emissions generated by construction and operational activities. LSA would prepare the analysis consistent with applicable City, South Coast Air Quality Management District (SCAQMD), and CEQA procedures and requirements. The analysis will include the following:
• Regulatory setting and significance thresholds • Short-term construction emissions • Long-term mobile and stationary source emissions • Localized significance analysis • Determination of the project’s consistency with the SCAQMD Air Quality Management Plan • Energy assessment
LSA will compile the air quality, greenhouse gas, and energy data from the CalEEMod air quality model and incorporate the results directly into the CEQA document. The CalEEMod results will be included as an appendix to the CEQA document to support the analysis.
Task 2.6: Peer Review of Phase I and II Environmental Site Assessments As requested by the City Planning Department, LSA’s trusted sub-consultant Group Delta Associates Inc. (Group Delta) will perform a peer review of the following Applicant-prepared technical studies:
. Task 2.6.1: Phase I and Phase II Environmental Site Assessment (Fruit St. Site) . Task 2.6.2: Phase I Environmental Site Assessment and Shallow Soil Sampling (Walnut St. Site)
The peer reviews will be conduted by industry experts in their specific disciplines to determine if the technical studies were prepared in accordance with applicable regulatory standards, appropriate data reviews/searches were performed and documented, and the findings and conclusions related to potential environmental conditions are reasonable given the data reviewed.
Group Delta will summarize the findings of each technical study listed above in individual memorandums presenting findings and conclusions within two weeks of receipt of the Applicant- prepared studies. The memorandums will include the opinions of the preparer and evaluate the need for further investigation, if required. The draft peer review memorandums will be submitted to the City for review electronically as Adobe Acrobat PDF files. This scope and budget includes one round of revisions to the peer review memorandums to respond to City comments. Final memorandums will be submitted to the City electronically as Adobe Acrobat PDF files.
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TASK 3.0: INITIAL STUDY Task 3.1: Draft Initial Study LSA will prepare a comprehensive Initial Study consistent with State CEQA Guidelines Appendix G. LSA will prepare an Initial Study based on the findings of the technical studies and independent analysis and prescribe mitigation where necessary to reduce environmental impacts of the project to less than significant levels. LSA will review the City’s General Plan, pertinent environmental data, and other relevant documents to ascertain the extent of potential environmental impacts. LSA does not anticipate the need for any technical studies in addition to those identified in Task 2.0, although additional technical data will be included in the Initial Study as appropriate.
LSA assumes one round of consolidated City and project applicant comments to the Initial Study. Upon receipt of a consolidated and non-contradictory set of typewritten comments from the City/applicant, LSA will revise the document as appropriate. This scope and budget assumes one round of review and revision. Comments made by attorneys and/or any third party reviewer(s) will be considered an additional round of review and potentially be subject to a budget augment.
Please Note: LSA anticipates that mitigation measures may be required under a Mitigated Negative Declaration. However, an EIR would be required if the Initial Study and supporting technical studies identify environmental impacts that cannot be mitigated to below thresholds of significance pursuant to CEQA. If an EIR is required, LSA will immediately notify the City to review the circumstances and investigate potential scenarios, including possible redesign of project components, to proceed with the environmental review. In order to proceed with preparation of an EIR, LSA would prepare an augment to this scope and budget to account for the additional environmental services necessary to comply with CEQA. The Initial Study would be used to screen out the environmental factors determined not to require mitigation, and LSA would prepare a focused EIR that would address only those environmental factors determined to require mitigation, including the factors that cannot be mitigated to levels below significance thresholds, under an augment to this scope and budget.
Task 3.2: Mitigation Monitoring and Reporting Program In conjunction with the preparation of the draft IS/MND, LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP) to implement the mitigation measures outlined in the IS/MND for the project. The mitigation measures will be included in a matrix check-off format for ease of tracking their implementation. The MMRP will be attached to the IS/MND that is disseminated for public review.
TASK 4.0: MITIGATED NEGATIVE DECLARATION Task 4.1: IS/MND Public Review Materials Once the draft IS has been reviewed and approved by the City (see Task 3.0), LSA will prepare all the necessary forms for circulating the IS/MND to the public and resource agencies. LSA will use standard forms or those provided by the City, whichever is preferred.
LSA assumes the IS/MND to be circulated for a 20-day local review period and that submittal to the State Clearinghouse is not required. This scope and cost estimate assumes that the City will be responsible for generating the distribution list of the IS/MND, as well as for publishing the Notice of
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Intent (NOI) in local newspaper(s), and noticing adjacent/nearby property owners. At the City’s request, LSA would file the necessary notices with the Los Angeles County Clerk.
LSA will distribute the IS/MND to the agencies/organizations on the City-provided distribution list via overnight mail. To minimize print and distribution costs, to the extent feasible, the distribution pursuant to the City’s mailing list will consist of flash drives, which include the IS/MND and appendices as Adobe Acrobat PDF files. An alternative to distribution of hard copies and/or or flash drives would be the provision of a web link included on the NOI, which would direct reviewing parties to the IS/MND and all supporting technical studies on the City’s website.
Task 4.2: Response to Public Comments Upon close of the public review period on the IS/MND, LSA will prepare responses to public and agency comments received on the IS/MND. LSA will respond to comments on the IS/MND within one week of receipt of a complete set of comments from the public review period. This scope and cost estimate assumes up to 20 hours of staff time for this task. Time required in excess of this assumption will be incurred upon authorization by the City and billed on a time-and-materials basis.
As required, the IS/MND will be revised to incorporate relevant comments/data received during the public review period. Revisions to the IS/MND will be presented in an errata to facilitate subsequent review by the City.
Task 4.3: Final IS/MND and Notice of Determination LSA will prepare up to 10 hard copies of the Final IS/MND. All appendices will be provided as electronic PDF files on flash drives. Subsequent to adoption of the IS/MND, LSA will provide the City with the Notice of Determination (NOD) for submission to the Los Angeles County Clerk of the Board. Although LSA will prepare the NOD, it is the responsibility of the City to file the NOD and pay filing fees with the County Clerk of the Board. It should be noted that failure to file the NOD within five business days of project approval will substantially increase the period in which the project approval may be legally challenged.
TASK 5.0: PROJECT MANAGEMENT AND MEETINGS Task 5.1: Project Management The work program is intended to ensure the smooth functioning of the CEQA process for the project by maintaining open communications with City staff and the project team. LSA will maintain a continuous liaison with City staff and the project team by identifying and defining key issues as they arise, and coordinating responses acceptable to the City staff and project team.
Task 5.2: Meetings and Public Hearings LSA will attend up to three coordination meetings with City staff, two public workshops, and two public hearings of the City to consider approval of the IS/MND and action on the project. If requested, LSA will make presentations explaining the content, findings, and determinations of the IS/MND and will respond to relevant comments raised during the public hearings.
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SECTION 3. SCHEDULE
Processing of the IS/MND can be completed approximately 6 months after authorization to proceed.
SCHEDULE OF TASKS DURATION DATE OF DELIVERY Authorization to Proceed 1 day December 31, 2019 Task 1.0: Project Initiation 1.1: Project Kick-Off Meeting 1 day Early January, 2020 1.2: Project Description 3 days Early January Task 2.0: Technical Studies1 2.1: Biological Resources 4 weeks Early February 2.2: Cultural Resources and Historic Architecture 4 weeks To be determined2 2.3: Noise and Vibration Assessment 4 weeks3 Early February 2.4: Transportation Study (VMT and LOS Analyses) 8 weeks4 Early March 2.5: California Emissions Estimator Model (CalEEMod, Version 2016.3.2) 4 weeks3 Early February 2.6: Peer Review of a Phase I and Phase II ESAs 2 Weeks5 Late January Task 3.0: Initial Study 3.1: Draft Initial Study 5 to 6 weeks6 Mid March City Review 2 weeks Mid March LSA Revision 1 week Late March City Review 1 week Late March 3.2: Mitigation Monitoring and Reporting Program7 — — Task 4.0: Mitigated Negative Declaration 4.1: IS/MND Public Review Materials 1 week Early April Start Public Review Period 1 day Early April End Public Review Period 20 days Late April 4.2: Response to Public Comments 1 week Early May 4.3: Final IS/MND and Notice of Determination 1 day Early May City Staff Review 1 week Mid-May LSA Revises Final IS/MND 1 day Mid-May Task 5.0: Project Management and Meetings 5.1: Project Management Ongoing — 5.2: Meetings and Public Hearings Staff Coordination Meetings As needed — Public Workshops 2 days TBD Planning Commission Public Hearing 1 day Late May City Council Public Hearing 1 day Early June TOTAL 6 months 1 Date to first delivery. Assumes review/revision of the studies will occur concurrent with preparation of the IS/MND. 2 Responses to requests for records search at the SCCIC cannot be ascertained at this time. LSA will complete the Cultural Resources and Historic Architecture reports within 4 weeks of receipt of records search data. Refer to Task 2.2 for details. 3 Requires data from the Transportation Study and therefore may not commence until traffic data are compiled. 4 The VMT analysis would be completed within 3 weeks. For the LOS analysis, the schedule assumes 2 weeks for City approval of traffic scope, 2 weeks to obtain traffic counts and/or conduct traffic modeling, and 4 weeks for LOS analysis (total of 8 weeks). 5 From receipt of Applicant-prepared technical studies. 6 Draft Initial Study will be completed in 5 weeks without LOS analysis and in 6 weeks with LOS analysis. 7 Concurrent review with the IS/MND.
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The schedule of tasks is dependent upon the timely receipt of all required data and project materials and the adherence to the review times identified in the table above. This schedule assumes the City review of technical studies/reports will proceed concurrently with the preparation of the IS/MND and will occur over a 2-week period. A more refined schedule can be provided upon authorization to proceed.
SECTION 4. BUDGET
LSA proposes to complete the Initial Study/Mitigated Negative Declaration and technical studies as outlined in the Scope of Work for $92,508. See Appendix A for details. Prior to the initiation of any work effort, LSA will confirm the necessity and scope of any technical study to firmly establish the final contract amount with the City.
TASK COST1 Task 1.0: Project Initiation $1,130 1.1: Project Kick-off Meeting $410 1.2: Project Description $720 Task 2.0: Technical Studies $61,503 2.1: Biological Resources $6,495 2.2: Cultural Resources and Historic Architecture ($4,900 for Walnut St. Site and $18,580 $13,680 for Fruit St. Site) 2.3: Noise and Vibration Assessment $10,610 2.4: Transportation Study ($1,575 for VMT and $16,035 for LOS) $17,610 2.5: California Emissions Estimator Model (CalEEMod, Version 2016.3.2) $3,910 2.6: Peer Review of a Phase I and Phase II ESAs 2.6.1: Phase I and Phase II ESA (Fruit St. Site) $2,324 $4,298 2.6.2: Phase I ESA & Shallow Soil Sampling (Walnut St. Site) $1,974 Task 3.0: Initial Study $12,435 3.1: Draft Initial Study $11,955 3.2: Mitigation Monitoring and Reporting Program $480 Task 4.0: Mitigated Negative Declaration $8,320 4.1: IS/MND Public Review Materials $3,825 4.2: Response to Public Comments $2,770 4.3: Final IS/MND and Notice of Determination $1,725 Task 5.0: Project Management and Meetings $9,120 5.1: Project Management $6,240 5.2: Meetings and Public Hearings $2,880 TOTAL COST WITH OPTIONAL TASKS $92,508 1 Includes up to $1,600 in reimbursable expenses (e.g., mileage, printing, shipping, and technical equipment), and up to an additional $770 for a sub-consultant to obtain real-time traffic counts. Refer to Appendix A for details.
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SECTION 5. ORGANIZATION CHART
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MANAGEMENT STAFF LSA assembled a team of environmental planners and technical staff experienced in providing legally sound environmental documentation for this project. Our team has worked together on several projects in La Verne, many of them similar to the proposed residential project. Below is a brief description of LSA’s management team followed by resumes and a table of key personnel that will provide support to the project manager.
Frank Haselton, Principal in Charge Mr. Haselton will serve as Principal in Charge for this project and will be available for consultation as needed. Mr. Haselton brings 40 years of environmental planning experience to the City and specializes in large, mixed-use development projects characterized by sensitive environmental and community issues. He will be ultimately responsible for quality control for all work undertaken and will review all prepared text, tables, and graphics before these materials are presented to the City.
Dionisios Glentis, Project Manager / Senior Environmental Planner Mr. Glentis will serve as Project Manager and primary point of contact for this project. Mr. Glentis is a resident of La Verne with 15 years of environmental consulting experience and 12 years of progressive responsibility managing projects for compliance with CEQA. Mr. Glentis has managed up to 30 projects at a time ranging in size and scope from multi-year licensing projects to short-term projects constructed under rapid schedules. He has collaborated effectively with local and State agencies (e.g., City of La Verne, City of Fontana, City of Murrieta, Caltrans, and the California Public Utilities Commission) and planning/engineering/construction teams to successfully execute over one thousand projects pursuant to CEQA. For the City of La Verne, Mr. Glentis served as CEQA Project Manager and primary author of the Brethren Hillcrest Homes Master Plan Update and the Damien High School Master Plan Update IS/MND. Mr. Glentis will be responsible for preparation of the proposed IS/MND and management of technical staff, and will attend and present at the public workshops, meetings, and public hearings with City staff as necessary.
SUBCONSULTANT With more than 34 years of experience, Group Delta’s environmental team is comprised of skilled environmental consultants, certified industrial hygienists (CIH), technicians, geologists, scientists, and support personnel specialized in their respective fields. Their staff consists of Division of Occupational Safety and Health (DOSH) Certified Asbestos Consultants (CACs), Certified Site Surveillance Technicians (CSSTs), and California Department of Public Health (CDPH) lead paint inspectors/assessors/project monitors/sampling technicians.
Group Delta offers a broad range of services that include geotechnical feasibility study, geotechnical field investigation relating to soils, grading, slopes, hydrogeology, in-situ testing, foundation design, environmental engineering and analysis, construction monitoring and materials testing, ground improvement and design, slope stability investigation and analyses, preparation of plans and specifications, instrumentation, seismic studies and earthquake engineering.
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FRANK L. HASELTON Managing Principal / Environmental Planning PROFESSIONAL RESPONSIBILITIES Mr. Haselton specializes in large, mixed-use development proposals characterized by sensitive environmental and community issues. He has a successful history of resolving issues and potential conflicts among the project proponent, regulatory agencies, and the community through responsible design and effective communication. Mr. Haselton has more than 40 years of professional planning experience. He has practiced in both the private and public sectors, providing his clients with a broad and valuable background. Mr. Haselton also assumes the administrative responsibility for LSA Riverside office. PROJECT EXPERIENCE City of Los Angeles, Century City Center Office Development Subsequent Environmental Impact Report EXPERTISE Los Angeles, Los Angeles County, California • Resource Management Mr. Haselton oversaw the preparation of a Subsequent EIR for a commercial • Community Planning development at the northeast corner of Avenue of the Stars and Constellation • Land Use Analysis Boulevard in Century City. An important component of this project was the commitment to the City’s water quality policies including adherence to the City’s EDUCATION Low Impact Development (LID) ordinance. The applicant had previously entitled a M.S., Environmental Studies, project at the same location but sought to revise the project to include: California State University, (1) construction of a 37-story, approximately 700,000 sf office building; Fullerton, 1983 (2) approximately 25,830 sf of low-rise, one- and two-story office space; (3) an B.A., Geography, California approximately 1,300 sf Mobility Hub; (4) a Transit Plaza for the extension of the State University, Fullerton, Westside Subway; (5) approximately 4,120 sf of ancillary retail; and (5) a partially 1978 subterranean parking structure with approximately 1,579 stalls and an Land Use Analysis, Institute of approximately 2.14-acre (approximately 93,000 sf) landscaped green roof deck Holy Lands Studies, Jerusalem, accessible to project tenants and their guests. The Modified Project was designed Jerusalem, 1978 to achieve a Leadership in Energy and Environmental Design (LEED) Platinum rating or equivalent green building standard. As the first LEED Platinum Project in PROFESSIONAL Los Angeles, LSA worked closely with the City, the applicant, and legal counsel to AFFILIATIONS incorporate the project’s sustainability features into the environmental analysis. California State University, LSA also prepared air quality, noise, and greenhouse gases technical analyses. Fullerton, Adjunct Instructor County of San Bernardino, Stateline Solar Project Fuller Theological Seminary, San Bernardino County, California Pasadena, Guest Lecturer Mr. Haselton served as the Principal in Charge in managing the entitlement Biola University, La Mirada, documentation for this project. He oversaw and/or coauthored more than 12 Guest Lecturer separate technical reports and studies, including a comprehensive waters of the United States Jurisdictional Delineation, which were incorporated into the project’s EIS/EIR. He coordinated with the United States Bureau of Land Management, the County of San Bernardino, the United States Army Corps of Engineers, and the Mojave Desert Air Quality Management District in securing various approvals, certifications, and permits. Mr. Haselton also facilitated or conducted several public meetings, including meetings with a variety of environmental groups that expressed concern about the project. Mr. Haselton then transitioned into the role of Administrative Coordinator for the Project’s Environmental Compliance and Reporting, a role he continues to perform. RRM Properties, Ltd., Tentative Tract Map No. 17289 Residential Project Anaheim, Orange County, California Mr. Haselton managed the preparation of the Initial Study/Mitigated Negative Declaration with supporting technical studies for RRM Properties, Ltd. The project site was previously occupied by a Robertson Ready Mix sand and gravel
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mining operation site. The project site was part of a larger area primarily used for sand and gravel mining that was owned by the Irvine Company. The project site was bounded to the east by Chino Hills State Park, a natural open- space area in the hills of Santa Ana Canyon. The project included construction of 56 single-family detached residential units on 15.7 acres, plus construction of streets, sidewalks, landscaped areas, wet and dry utilities, storm drains, and other related residential development improvements. Mr. Haselton supervised the preparation of several technical reports, including biological resources, traffic, air quality, noise, and cultural resources, in support of an MND that the City adopted in June 2009. City of Pismo Beach, Contract Planning Pismo Beach, San Luis Obispo County, California Mr. Haselton served as the Principal in Charge to the City of Pismo Beach to assist the City in processing two development applications from the Lucia Mar Unified School District. In cooperation with the City, LSA reviewed the proposed development applications and associated environmental documents, and prepared and presented a staff report to the City Planning Commission. Key issues evaluated in the staff report included aesthetics, access, transportation, cultural and paleontological resources, biological resources, land uses, City infrastructure needs, and drainage. The City’s Planning Commission was not receptive to the developments as proposed, and the Lucia Mar Unified School District has not pursued the development applications. City of Orange, Katella Avenue Corridor Vision Statement Orange, Orange County, California As LSA’s Project Manager, Mr. Haselton worked closely with LPA to prepare a Vision Statement for the City of Orange concerning potential uses and character along Katella Avenue between the Santa Ana River and Glassell Avenue. Mr. Haselton specifically worked with the City to coordinate a day-long workshop between staff and members of the design community. The purpose of the workshop was to identify opportunities for underutilized properties along the Katella Avenue Corridor. Several conceptual uses and intensities were recommended. As a result, a rendered illustrative plan was prepared for the Katella Avenue Corridor depicting land uses, their relationship to one another, and a potential urban design. All of this information was summarized in a booklet format that included text, photos, images, and design concepts. This area has since evolved into its second cycle of uses, reflecting those recommended in the Vision Plan. Orange County Fair and Event Center (32nd District Agricultural Association), Master Plan and Environmental Impact Report Costa Mesa, Orange County, California Mr. Haselton was the Principal-in-Charge for the Orange County Fair and Event Center’s (OCFEC) Master Plan and Environmental Impact Report (EIR). The OCFEC is approximately 150 acres and accommodates over 4 million annual visitors. He led the OCFEC Board of Directors, staff and stakeholders through a comprehensive planning process that allow the Board to select a preferred Master Plan alternative, that was acceptable to the surrounding community. The Master Plan had a 15 year horizon and in year 12, approximately 75% of the Master Plan was implemented. City of Napa, 2016 Napa Valley Expo (25th District Agricultural Association) Napa, Napa County, California Mr. Haselton served as the Principal in Charge for current planning for the Napa Valley Expo, a 34-acre property in the heart of the City of Napa. The 2014 Napa earthquake damaged multiple buildings, providing an opportunity to revisit priorities that had been outlined in the Visioning and Land Use Concept Alternatives prepared by LSA in 2003. LSA led a multidisciplinary team to revisit the previous recommendations and to prepare a Master Plan—a road map or decision making tool—for the next 10–15 years. The process included ongoing meetings with Napa Expo staff, ongoing meetings with the Board of Directors, assessing the condition of the property in 2016, and updating the overall visioning with land use concepts that are consistent with the changed circumstances in 2016.
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DIONISIOS GLENTIS Project Manager / Senior Environmental Planner PROFESSIONAL RESPONSIBILITIES Mr. Glentis has 15 years of environmental consulting experience and 12 years of progressive responsibility managing projects for compliance with CEQA. Mr. Glentis specializes in cultural resources management, environmental planning, and construction site compliance. As an archaeologist and planner, Mr. Glentis has authored, reviewed, and implemented hundreds of environmental compliance documents that include Proponent’s Environmental Assessments, Initial Studies/Mitigated Negative Declarations, Environmental Impact Reports/Statements, Addendums, Categorical Exemptions, Section 4(f) Evaluations, Water Quality Assessment Reports, Worker Environmental Awareness Programs, Mitigation Monitoring and Reporting Programs, Phase I/Class III Cultural Resources Inventories, and Phase II Archaeological Testing and Evaluation Reports.
EXPERTISE Mr. Glentis has collaborated effectively with local, State, and Federal agencies (e.g., Cities of La Verne, Fontana, Murrieta, and Riverside, Caltrans, California • CEQA and NEPA Analyses Public Utilities Commission, and U.S. Army Corps of Engineers) and planning/ • Construction Site Compliance • Mitigation Monitoring and engineering/construction teams to execute over one thousand projects Reporting Programs pursuant to CEQA and NEPA. • Worker Environmental Awareness Programs PROJECT EXPERIENCE City of La Verne, Brethren Hillcrest Homes Master Plan Update Project • Cultural Resources Research La Verne, Los Angeles County, California and Analysis Mr. Glentis served as project manager and author of an IS/MND to update the Brethren Hillcrest Homes Master Plan. The Master Plan Update includes EDUCATION construction of 14 additional attached and detached single-family homes with B.A., Anthropology (Magna common area landscaping on 1.7 acres. The project requires an update to cum Laude); minor in Business Administration, California Neighborhood 6 of the Master Plan, a Zone Change, General Plan Amendment, State University, San Roadway Vacation, Parcel Merger, Precise Plan Review, and Tree Removal Bernardino, 2005 Application. Mr. Glentis coordinated the preparation of technical studies (air Certificate of quality, cultural resources, arboriculture, greenhouse gas, noise, and Ethnomusicology, University transportation) as part of the project. Specific issues addressed include of California, Irvine, 2004 architectural history, tree removal and preservation, noise, hazards and hazardous materials, and Tribal Cultural Resources. The La Verne Planning PROFESSIONAL Commission and City Council approved the IS/MND in November 2019 and EXPERIENCE January 2020, respectively. Senior Environmental Planner, City of La Verne, Damien High School Master Plan Update Project LSA, Riverside, California, La Verne, Los Angeles County, California November 2015–Present Mr. Glentis served as project manager and author of an IS/MND to update the Professional Environmental Damien High School Master Plan. The Master Plan buildout is anticipated over a Consulting, emphasis on 10-year period and would include the construction of a Student Center, Chapel, Cultural Resources, 2005– Science Building, and Performing Arts Studio totaling approximately Present 73,000 square feet of new building area within three phases of development on 25.8 acres. Mr. Glentis coordinated the preparation of technical studies (air quality, cultural resources, greenhouse gas, noise, and transportation) as part of the project. Specific issues addressed include Historical resources and architectural history, noise, air quality, transportation, and hazards and hazardous materials. The La Verne Planning Commission and City Council approved the IS/MND in May 2019.
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City of Hemet, Rancho Diamante Phase II Specific Plan Amendment Hemet, Riverside County, California Mr. Glentis serves as project manager and author of the Subsequent Environmental Impact Report for the development of 586 single-family homes and 100,000 square feet of commercial uses within the Page Ranch Planned Community Development Area (Specific Plan) for the City of Hemet. The project includes a General Plan Amendment, Specific Plan Amendment, and Zone Change. Specific issues addressed include air quality, biological resources, greenhouse gas emissions, airport land use compatibility, water quality and hydrology, land use and planning, noise, transportation, and utilities. (April 2016–Ongoing) City of Claremont, Claremont Commons Specific Plan EIR Claremont, Los Angeles County, California Mr. Glentis serves as a contributing author of the EIR for the development of 27 single-family homes, 68 townhomes, and 5,000 square feet of commercial uses with 10 second-story residential flats on 9.5 acres in the Cities of Claremont and Upland, Los Angeles and San Bernardino Counties. The project is located within the Cable Airport Land Use Compatibility Plan and includes an amendment to the Claremont General Plan and a Zone Change to accommodate the proposed development. The EIR is anticipated to be certified and the project approved in the winter of 2020 or spring of 2021. City of Fontana, Monarch Hills Residential Project Fontana, San Bernardino County, California Mr. Glentis served as a contributing author of the EIR for a 489-unit, five-neighborhood gated residential development on 136.4 acres north of I-15 along the foothills of the San Gabriel Mountains. The project included a General Plan Amendment and Zone Change to accommodate the proposed development, as well as the realignment of Lytle Creek Road and the Hawker-Crawford Flood Control Channel. Issues of concern included the project’s compliance with the North Fontana Conservation Program, the site’s proximity to a High Fire Severity Zone, and management of historical resources. The Fontana City Council unanimously certified the EIR in February 2019. City of Montclair, Senior Living Project IS/MND Montclair, San Bernardino County, California Mr. Glentis served as a contributing author of the IS/MND for an 84,000-square foot, 140-unit senior/assisted/ memory care facility. The project included demolition of 30,000 square feet of existing medical office space and the subsequent phased development of two three-story buildings. Specific issues addressed include aesthetics, cultural resources, hydrology and water quality, hazards and hazardous materials, noise, transportation, and utilities. The Montclair Planning Commission approved the IS/MND in July 2019. City of Upland, Upland Hills Country Club Residential Project Upland, San Bernardino County, California Mr. Glentis served as a contributing author of the IS/MND for a 68-unit detached condominium residential development with private common area open space, utility extensions/interconnections, and reconfiguration of a parking lot and Holes 8, 9, 10, and 18 of the Upland Hills Golf Course. The project included an amendment to the Upland Hills Country Club Specific Plan. Specific issues addressed included aesthetics, biological resources, transportation, noise, land use, and drainage and sewer capacity. The Upland City Council approved the IS/MND in March 2017. City of Upland, Spanish Trails Specific Plan Project Upland, San Bernardino County, California Mr. Glentis served as a contributing author of the IS/MND for the Spanish Trails Specific Plan, an infill residential community comprised of 39 single-family detached residential units with on-site recreational amenities. Specific issues addressed included tree preservation and removal and peer review of applicant-prepared air quality/ greenhouse gas reports, noise impact analysis, traffic study, and cultural resources assessment. The Upland City Council approved the IS/MND in May 2016.
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AMBARISH MUKHERJEE, PE, AICP Associate / Senior Transportation Planner PROFESSIONAL RESPONSIBILITIES As an Associate and Senior Transportation Planner at LSA’s Riverside office, Mr. Mukherjee specializes in travel demand modeling and public infrastructure projects, and conducts Traffic Impact Analyses (TIAs) for a wide variety of large and small projects, including transit projects, residential development, mixed- use development, commercial and office projects, parking structures, roadway and circulation improvements, and General Plans and Specific Plans. He is currently in charge of LSA’s Riverside Office Transportation Group. Prior to joining LSA, he worked with the Fort Worth Transportation Authority as a Transit Planner. Mr. Mukherjee’s project experience includes the following areas:
• Circulation Analysis/Roadway Improvement Projects EXPERTISE • Commercial/Office Projects • Traffic Impact Studies • Freeway/Interchange Improvement Projects • Pedestrian and Bicycle Planning • Industrial/Warehouse Projects • Statistical and Analytical Research • Institutional Projects • Land Use and Transportation • Mixed-Use Projects Modeling • Modeling Projects • Advanced Data Analysis • Parking Structure Projects • Intelligent Transportation Systems • Residential Projects • School and University Projects EDUCATION • Specific Plans/General Plans University of Texas at • Transit/Transit-Oriented Development Projects Arlington, Texas, Master of City and Regional Planning • Additional Experience with concentrations in Transportation and Land Use PROJECT EXPERIENCE Planning, and GIS. 2003–2005 City of Long Beach, Globemaster Corridor Specific Plan Vehicle Miles Indian Institute of Technology, Traveled (VMT) Analysis Kharagpur, India, Bachelor of Long Beach, Los Angeles County, California Architecture (Honors), 1998– Mr. Mukherjee was the project manager in charge of preparing a VMT analysis 2003 for the Globemaster Corridor Specific Plan (GCSP) Project in Long Beach. The GCSP provides the planning and regulatory framework for guiding future PROFESSIONAL development and attracting quality jobs to the approximately 432.12-acre GCSP CERTIFICATION area located adjacent to the Long Beach Airport, Interstate 405, and the Professional Engineer surrounding residential and business community. The regional (City) VMT per (California C88084) capita for both the base (2012) and future (2040) model scenarios were obtained from the SCAG RTP model runs. The existing (2019) VMT per capita was developed by interpolating between base and future year VMT data obtained from the SCAG RTP model. Project select zone model runs were utilized to develop the project VMT. The project VMT per capita was calculated for both base (2012) and future (2040) model scenarios. The existing (2018) project VMT per capita was developed by interpolating between the base and future year VMT per capita for the project. City of Adelanto, Tentative Tract Map 17230 Adelanto, San Bernardino County, California Mr. Mukherjee prepared a Traffic Impact Analysis to assess the potential circulation impacts associated with the proposed development of Tentative Tract 17230 in Adelanto. The project was located on the east side of Koala
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Road, south of Seneca Road, and included the development of 261 single-family houses on approximately 67 acres. The Traffic Impact Analysis included the analysis of 11 intersections and project driveways. City of Desert Hot Springs, Desert Rose Townhomes Desert Hot Springs, Riverside County, California Mr. Mukherjee prepared a Traffic Impact Analysis to assess the potential circulation impacts associated with the proposed development of the Desert Rose Townhomes. The project consisted of 194 dwelling units located on the northwest corner of Verbena Drive and Climbing Rose Way, and the Traffic Impact Analysis included the analysis of seven intersections and project driveways. Monarch Hills Residential Development EIR Fontana, San Bernardino County, California Mr. Mukherjee served as task manager for preparing the TIA for this project. LSA prepared an EIR and technical studies for a residential development consisting of five gated residential neighborhoods, two private parks, a private recreation building and pool, trails, and water quality basins on 136.4 acres located at the northeast corner of Lytle Creek Road and Duncan Canyon Road. Included in the project was a General Plan Amendment and Zone Change to accommodate the proposed development. The undeveloped site is located within the City of Fontana’s High Fire Severity Zone. The project also included the relocation of Lytle Creek Road and the San Bernardino County Hawker-Crawford Flood Control Channel. Issues of high concern include the project’s compliance with the City’s North Fontana Conservation Program. The EIR was certified and the project approved in February 2019. City of Upland, Citrus Industrial District Upland, San Bernardino County, California Mr. Mukherjee coordinated in the preparation of a Traffic Impact Analysis to assess the potential circulation impacts associated with the proposed development of the Citrus Industrial District mixed-use infill development project located on the north side of Eighth Street, east of Euclid Avenue, and west of Campus Avenue. The project lies within the historic conservation district of the City of Upland. It consisted of 732 residential condominiums and 29,000 square feet of commercial space to be built in two phases. Mr. Mukherjee coordinated with the City of Upland to recommend appropriate zoning changes and proposed modifications to the City’s General Plan land use and circulation elements. Mr. Mukherjee prepared a Traffic Impact Analysis that included the analysis of 14 intersections and analysis of pedestrian traffic on adjacent roadways due to the proposed development. Mr. Mukherjee analyzed various access issues, which included sight distance analysis and queuing analysis at project driveways based on American Association of State Highway Transportation Officials (AASHTO) guidelines. Caltrans, State Route 110 TSM/TDM Analysis Los Angeles, Los Angeles, County, California Mr. Mukherjee was the project manager for this project. The purpose of the analysis was to provide assistance to Caltrans in addressing traffic and circulation in association with the SR-110 Safety Enhancement Project between the Stadium Way Overcrossing in Los Angeles to Arroyo Drive in Pasadena to provide a traffic analysis as a basis for future traffic impact and safety assessment along the study corridor. An operational analysis was included as well as an examination of potential Transportation System Management (TSM) and Transportation Demand Management (TDM) strategies. The project was needed because this segment of SR-110 experiences high accident rates that exceed the State average for similar highway facilities. The study area included freeway mainline segments and ramps on the SR-110 freeway corridor between Figueroa Street and Orange Grove Avenue. In addition, freeway ramp intersections were included within the study area to address the effects on freeway access and intersection LOS.
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DEBMALYA SINHA Transportation Planner PROFESSIONAL RESPONSIBILITIES Mr. Sinha’s primary responsibilities include the preparation of technical analyses of land development projects, transportation planning, travel demand modeling, and traffic impact analyses. He has worked on various regional and sub-regional models including Southern California Association of Governments (SCAG), Orange County Transportation Analysis Model (OCTAM), Irvine Transportation Analysis Model (ITAM), and Riverside Transportation Analysis Model (RivTAM). Previously, he worked as an architect and design team-lead for several projects, ranging from detached single-family homes to condominiums and mixed-use developments, where his responsibilities included design and potential impact and feasibility studies for the projects. PROJECT EXPERIENCE City of Long Beach, Globemaster Corridor Specific Plan (GCSP) VMT Analysis EXPERTISE Long Beach, Los Angeles County, California • Travel Demand Modeling Mr. Sinha assisted in developing the socioeconomic data for a Vehicle Miles • Spatial and Statistical Analysis Traveled (VMT) analysis for the Globemaster Corridor Specific Plan project in the • Transportation & Land Use City of Long Beach. The GCSP provides the planning and regulatory framework Planning for guiding future development and attracting quality jobs to the approximately • Traffic Impact Analysis 432.12-acre GCSP located in an area adjacent to the Long Beach Airport, I-405, and surrounding residential and business community. The regional (City) VMT EDUCATION per capita for both base (2012) and future (2040) model scenarios were Masters in Urban Planning, obtained from the SCAG RTP model runs. Existing (2019) VMT per capita was Specialization: Land Use, developed by interpolating between base and future year VMT data obtained Transportation & from the Southern California Association of Governments Regional Infrastructure Planning, University of Washington, Transportation Plan (SCAG RTP) model. Project select zone model runs were Seattle, June 2015 utilized to develop project VMT. Project VMT per capita was calculated for both base (2012) and future (2040) model scenarios. The existing (2019) project VMT Bachelor of Architecture, Indian Institute of Technology, per capita was developed by interpolating between the base and future year Kharagpur, August 2011 VMT per capita for the project. City of Long Beach, General Plan Land Use and Urban Design Elements PROFESSIONAL Traffic Analysis ORGANIZATIONS/ Long Beach, Los Angeles County, California MEMBERSHIPS Mr. Sinha updated the 2016 SCAG RTP/SCS model socioeconomic data to reflect American Planning the General Plan land uses into the model as part of a VMT analysis requested Association (APA) by the City. The City of Long Beach updated its Circulation Element recognizing that the mobility of people is not always improved by facilitating automobile travel. As such, the City is transitioning away from performance measures focused on automobile level of service. Model runs were conducted to develop VMT estimates that were then compared to regional VMT estimates. City of Irvine, 16542 Millikan Avenue Congregate Care Irvine, Orange County, California Mr. Sinha assisted in the traffic impact analysis for the development of 425,000-square foot congregate care facility in the City of Irvine. The analysis utilized ITAM to forecast daily and peak hour traffic conditions in existing, 2020, 2035, and post-2035 conditions at various intersections in the Irvine Business Complex. The analysis provided Levels of Service, Average Daily Traffic, and Intersection Capacity Utilization at the study area intersections for these forecast scenarios with and without the proposed project.
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City of Irvine, Congregation Shir Ha-Ma’alot Private School Traffic Study Irvine, Orange County, California Mr. Sinha assisted in the traffic impact analysis for the proposed 225-student private school within the existing Congregation facility. The analysis utilized ITAM to forecast daily and peak hour traffic conditions in existing, 2020, 2035, and post-2035 conditions at various intersections within the project vicinity. The analysis provided Levels of Service, Average Daily Traffic, and Intersection Capacity Utilization at the study area intersections for these forecast scenarios with and without the new school facility. City of Irvine, Great Park Water Park Traffic Study Irvine, Orange County, California Mr. Sinha assisted in the traffic impact analysis for the water park project in the City of Irvine. The analysis utilized the ITAM to forecast daily and peak hour traffic conditions in existing and 2020 conditions at various intersections near the Orange County Great Park area. The analysis provided Levels of Service, Average Daily Traffic, and Intersection Capacity Utilization at the study area intersections for these forecast scenarios with and without the new water park facility to analyze the short-term potential impacts. City of Jurupa Valley, Interim General Plan Jurupa Valley, Riverside County, California Mr. Sinha assisted in the technical analysis for the City of Jurupa Valley Interim General Plan. The analysis utilized RivTAM to forecast buildout daily and peak hour traffic volumes. Mr. Sinha assisted in development of the Citywide Travel Model using RivTAM, including preparation of the socioeconomic data for the study area. The Interim General Plan required a circulation study to evaluate existing conditions to help identify improvements for the transportation facilities in future buildout scenarios. The analysis provided recommended physical improvements and optimization of existing signalization. Springfield-Sangamon County, Travel Demand Model Update Springfield-Sangamon County, Illinois Mr. Sinha assisted in developing the socioeconomic data for the Springfield-Sangamon County Travel Demand Model (TDM) according to County’s updated General Plan. The updated TDM will forecast the condition of regional roadway networks under the General Plan buildout scenario, and therefore help resource allocation, prioritization of tasks in the long range. Missoula Metropolitan Planning Organization (MPO), 2016 Long Range Transportation Plan and Travel Demand Model Update Missoula, Missoula County, Montana Mr. Sinha assisted in the preparation of the Missoula MPO 2016 Long Range Transportation Plan and Travel Model Update. LSA first created the regional transportation demand model for the MPO and State of Montana and then prepared the Long Range Transportation Plan (LRTP) for the Missoula MPO. The LRTP was adopted in January 2017 on time and within budget. This travel model covers two counties and includes a mix of urban and rural communities. A unique aspect of this travel model is assignment of both walk and bicycle trips encouraged by the area’s dense and pedestrian‐friendly central business district and university. The LRTP addresses all requirements of MAP‐21 and FAST Act.
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AMY E. FISCHER Principal / Air Quality, Climate Change, Noise Analyst PROFESSIONAL RESPONSIBILITIES Ms. Fischer serves as principal air quality, climate change and noise analyst for CEQA/NEPA and planning documents. She has a comprehensive knowledge of the CEQA requirements for air quality districts throughout California. Her experience is in assessing both plan- and project-level air impacts ranging from criteria pollutant analysis to dispersion modeling and health risk assessments using the latest air quality modeling tools. She is skilled in air quality assessment models including the California Emissions Estimator Model (CalEEMod), Emission Factor models (EMFAC/OFFROAD), the Road Construction Estimator Model (RoadMod), and Line Dispersion Models (CALINE). She designs emission reduction strategies to reduce project-specific air quality impacts. With 20 years of experience in environmental studies, Ms. Fischer has EXPERTISE performed principal-level review or conducted over more than 200 CEQA/NEPA • CEQA/NEPA related and/or stand-alone air quality and greenhouse gas impact studies for • Air Quality Analysis community plans, development projects, and infrastructure improvements. She • GHG Emissions Analysis is experienced with the models and methods used to assess both air and • Climate Change Analysis • Noise Analysis greenhouse gas impacts. As the Director of LSA’s Air Quality Services, she • Transportation Planning monitors State and federal standards, case law, and scientific research to make • Health Risk Assessment sure that LSA’s analyses reflect the rapid changes in this evolving field. In keeping with LSA’s commitment to senior level management, as the Principal EDUCATION in Charge, Ms. Fischer maintains substantive involvement with projects as a B.S., Environmental Policy means of assuring high-quality products and balanced professional consultation. Analysis, minor in Geography She works closely with Project Managers and clients, and provides input on and University of Nevada, Reno, 1998 monitors the scope, budget, and scheduling of specific projects. Ms. Fischer is ultimately responsible for the quality of all project work, and reviews all in- CERTIFICATIONS house prepared text, tables, and graphics before these materials are presented to the client. San Joaquin Valley Air Pollution Control District PROJECT EXPERIENCE Regulation VIII – Certified City of Long Beach, General Plan Noise Element Dust Control Plan Preparer, Long Beach, Los Angeles County, California May 19, 2015 As a subconsultant to RRM Design Group, Ms. Fischer served as LSA’s Principal in Charge to prepare a technical noise and vibration analysis. LSA noise PROFESSIONAL specialists worked with City staff beforehand to discuss existing policies and AFFILIATIONS plans to help refine the scope of work. As part of the technical analysis, a variety Association of Environmental of noise measurements, both long term (24-hour) and short term, were Professionals (AEP) – Director, gathered to assess the existing noise environment. Additionally, existing and Central Valley Chapter, 2016– Present future noise contours along Long Beach’s roadway network were developed along with assessments of rail, aircraft and stationary source activities. As a AEP – VP of Programs, Central supplement to the Noise Element Update, LSA and RRM are working with City Valley Chapter, 2011–2015 staff on the improvement of special event regulations related to noise. American Planning Association City of Long Beach, Air Quality Impact Analysis, Land Use and Urban Design Elements Long Beach, Los Angeles County, California LSA is currently preparing an EIR for the City of Long Beach General Plan Land Use and Urban Design Elements Project. Ms. Fischer is providing support of the EIR to prepare technical documentation, including noise and air quality/greenhouse gas emissions.
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Sustainable Santee, The City’s Roadmap to Greenhouse Gas Reductions Santee, San Diego County, California Ms. Fischer is providing technical oversight of the Update of the City’s GHG emissions inventory; forecasts and target setting; development of adaptation strategies. Strategies focus on public health and safety, electrical demand, water availability, infrastructure damage, wildfire, and social equity. Climate Action Plan Update for the City of Corona Corona, Riverside County, California Ms. Fisher is preparation of GHG Inventory, Forecasting, and Target-Setting Report for a CAP and providing technical oversight. Inventory describes historic energy use and GHG emissions and forecasts describe projected future emissions. Target-setting recommends GHG reduction measures consistent with State goals. Climate Action Plan 2020 Update for Riverside County Riverside County, California Ms. Fisher is assisting with monitoring the implementation of the CAP GHG emission reduction measures to ensure achievement of the 2020 GHG emission reduction target. She is also assisting in an update of the CAP to provide specific targets for GHG reduction for 2030 and 2050. The County of Riverside will use development of methodology to track implementation and effectiveness in reaching GHG reduction goals. Department of Motor Vehicles (DMV) Field Office Replacement Santa Maria, Santa Barbara County, California LSA prepared the CEQA document and supporting technical studies for the new field office replacement project. Ms. Fischer provided Principal-level review of the analysis and responses to the environmental checklist for air quality, GHG emissions, and noise. The Point Mixed-Use Development Project Technical Studies Bakersfield, Kern County, California LSA was contracted to prepare several technical reports in compliance with CEQA for a proposed commercial development project. Ms. Fischer was the technical principal for the Air Quality and Greenhouse Gas Impact Technical Report and the Noise Impact Analysis.
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RON BRUGGER Senior Air Quality Specialist PROFESSIONAL RESPONSIBILITIES Mr. Brugger is a Senior Air Quality Specialist at LSA with over 28 years of experience in air emissions modeling and impact analysis, human health risk assessment, noise modeling, and regulatory analysis. His direct experience with all industry-standard environmental models ensures a thorough analysis using the best analysis methodology. Mr. Brugger is proficient with the use of the AERMOD, AERSCREEN, HARP2, CALEEMOD, EMFAC, CALINE4 air quality models and various noise models. Mr. Brugger has conducted many air quality, greenhouse gas emissions, energy, and health risk assessments for projects throughout California. Most included the quantification of emissions of criteria pollutants, greenhouse gases, toxic air contaminants, and project energy use. The health risk assessments Mr. Brugger has produced include the assessment of the health risks to nearby residents and other sensitive receptors from a EXPERTISE project’s emissions and of the health risks to residents of a project from the • Air Quality, Greenhouse Gas, area emissions. Mr. Brugger has published the results of these technical and Energy Analyses analyses in reports, memorandums, initial study sections and environmental • Human Health Risk Assessment impact reports. • Air Dispersion Modeling • Noise Modeling Mr. Brugger is leading the way in developing techniques to analyze greenhouse • Regulatory Analysis gas emissions from individual projects and their effects on climate change, working with cities and counties throughout California to develop legally EDUCATION defensible studies. He contributes energy efficiency, sustainability, and global B.S., Mechanical Engineering, climate change impact analysis expertise to developing the Energy and University of Wisconsin, Sustainability environmental documentation sections for residential, Madison, 1983 commercial, and industrial development projects as well as roadway improvement projects. SPECIALIZED TRAINING PROJECT EXPERIENCE Air Dispersion Modeling Jamboree & Richter Residential Project Course, Trinity Consultants, Irvine, Orange County, California 1994 Mr. Brugger conducted air quality modeling of emissions from construction operations, including equipment, fugitive dust, and architectural coatings, and Air Toxics Health Risk Assessment and HARP Course, long-term operations, including an HRA and a CO hot-spot analysis. He also Blue Scape Environmental, incorporated all the modeling results in an air quality impact study that 2004 discussed existing conditions, applicable regulations, project impacts, Rule 1401 Health Risk cumulative impacts, and mitigation measures. Assessment Course, Blue USA Multifamily Development, Lancaster 3 Residential Project Scape Environmental, 2005 Lancaster, Los Angeles County, California Air Dispersion Modeling Mr. Brugger served as the Air Quality/GHG technical lead. Mr. Brugger prepared Workshop and AERMOD an air quality/GHG technical study for the Lancaster 3 Residential Project, a Course, Lakes Environmental, residential community that included 264 new apartment homes in Lancaster. 2007 The analysis included California Emissions Estimator Model (CalEEMod) modeling of construction and operational emissions of criteria pollutants and GHGs. Mr. Brugger also conducted a localized significance threshold analysis. Seaside Senior Living Project Seaside, Monterey County, California Mr. Brugger served as the Air Quality/GHG technical lead. Mr. Brugger conducted air quality modeling of criteria pollutant and GHG emissions from project construction and long-term operations. He also incorporated all the modeling results in an Air Quality/Climate Change Impact report that discussed existing conditions, applicable
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regulations, project impacts, consistency, and standard conditions. Mr. Brugger also prepared a health risk assessment (HRA). The HRA was conducted due to the close proximity of the project to SR-1, a source of toxic air contaminants (TACs) from vehicle exhaust. The HRA assessed the impact of TAC emissions on individuals who will live and work in the senior living facility. Shady Creek Medical Center Project Irvine, Orange County, California Mr. Brugger served as the Air Quality/GHG technical lead. Mr. Brugger conducted air quality modeling of emissions from construction operations, including equipment, fugitive dust, and architectural coatings, and long-term operations, including a health risk assessment and a CO hot-spot analysis. He also incorporated all the modeling results in an air quality impact study that discussed existing conditions, applicable regulations, project impacts, cumulative impacts, and mitigation measures. Long Beach Home Depot Project Long Beach, Los Angeles County, California Mr. Brugger served as the Air Quality/GHG technical lead. Mr. Brugger conducted air quality modeling of emissions from construction operations, including equipment, fugitive dust, and architectural coatings, and long-term operations, including a health risk assessment and a CO hot-spot analysis. He also incorporated all the modeling results in an air quality impact study that discussed existing conditions, applicable regulations, project impacts, cumulative impacts, and mitigation measures. Melrose Triangle Project West Hollywood, Los Angeles County, California Mr. Brugger served as the Air Quality/GHG technical lead. Mr. Brugger conducted air quality modeling of emissions from construction operations, including equipment, fugitive dust, and architectural coatings, and long-term operations, including a health risk assessment and a CO hot-spot analysis for an EIR. He also incorporated all the modeling results in an air quality impact study that discussed existing conditions, applicable regulations, project impacts, cumulative impacts, and mitigation measures. Western Way Recycling Project Perris, Riverside County, California Mr. Brugger served as the Air Quality/GHG technical lead. Mr. Brugger conducted air quality modeling of emissions from construction operations, including equipment, fugitive dust, and architectural coatings, and long-term operations, including a health risk assessment and a CO hot-spot analysis. He also incorporated all the modeling results in an air quality impact study that discussed existing conditions, applicable regulations, project impacts, cumulative impacts, and mitigation measures. Teller/Campus Project Irvine, Orange County, California Mr. Brugger served as the Air Quality/GHG technical lead. Mr. Brugger conducted air quality modeling of emissions from construction operations, including equipment, fugitive dust, and architectural coatings, and long-term operations, including a health risk assessment and a CO hot-spot analysis. He also incorporated all the modeling results in an air quality impact study that discussed existing conditions, applicable regulations, project impacts, cumulative impacts, and mitigation measures.
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JASON LUI Associate / Senior Noise Specialist PROFESSIONAL RESPONSIBILITIES Mr. Lui is an Associate / Senior Noise Specialist at LSA with 17 years of experience in environmental studies, specializing in noise and vibration analysis. He is responsible for preparing noise and vibration studies in accordance with procedures specified by State and local guidelines, as well as protocols for a variety of commercial, residential, industrial, and transportation projects. He is proficient in the use of the FHWA Highway Traffic Noise Prediction Model (FHWA RD-77-108), Traffic Noise Model (TNM) 2.5, the Roadway Construction Noise Model (RCNM), SoundPLAN, MicroStation, and GIS. He is also responsible for performing noise level measurements using a variety of Larson Davis sound level meters. PROJECT EXPERIENCE City of La Verne, Brethren Hillcrest Homes Master Plan Update Project EXPERTISE La Verne, Los Angeles County, California • Noise and Vibration Mr. Lui prepared a Noise and Vibration Impact Analysis memorandum for the Brethren Hillcrest Homes Master Plan Update. The project would update the EDUCATION Brethren Hillcrest Homes (Hillcrest) Master Plan. Hillcrest consists of California State University, 229 residential homes and apartments, 48 assisted living units, 24 dementia Fullerton, M.S., Environmental beds, and 74 skilled nursing facility beds. The project includes development of Studies, 2014 14 additional attached and detached single-family homes with common area University of California, Irvine, landscaping on 1.7 acres. Each dwelling unit will be one story with two B.A., Environmental Analysis bedrooms, two baths, and a two-car garage built around a central courtyard. and Design, 2002 City of La Verne, Damien High School Master Plan Update Project La Verne, Los Angeles County, California PROFESSIONAL Mr. Lui prepared a Noise and Vibration Impact Analysis report for the Damien CERTIFICATIONS/ High School Master Plan Update. The Master Plan Update would demolish the REGISTRATIONS existing 5,972 sf cafeteria facility, construct four new buildings totaling Environmental Management approximately 73,100 sf of building space, and make several alterations to select Certification, University of hardscaped areas and parking lots (a net increase of 67,128 sf). The California, Irvine development was based on the need to fulfill a current demand for additional Federal Highway academic space and student services, as the high school is not projecting an Administration Traffic Noise increase in students or faculty throughout the life of the Master Plan. Model 2.5, Bowlby & Associates, Inc., Franklin, Montclair Senior Living Project Tennessee Montclair, San Bernardino County, California Mr. Lui prepared the noise section in the Initial Study/Mitigated Negative Declaration (IS/MND) for the Montclair Senior Living Project in Montclair, California. The project would construct an 84,000-square foot, 140-unit senior/assisted/memory care facility. The project included the demolition of 30,000 square feet of existing medical office space and the subsequent phased development of two three-story buildings. The project was unanimously approved and the IS/MND was adopted by the City in June 2019. Alexan Montclair Project Montclair, San Bernardino County, California Mr. Lui prepared the noise and vibration impact analysis report for the Alexan Montclair project in Montclair, California. The project would construct 211 residential units on a 6.27-acre site and provide street access for the new development. The new lots would range in size from 0.57 to 1.91 acres in size, are arranged around the “L”- shaped public street located roughly the center of the site. The new public street would link to both Arrow Highway and Monte Vista Avenue. In addition, the project would include a 0.24-arce private park.
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Chino Norton Residential Development Chino, San Bernardino County, California Mr. Lui prepared a noise memorandum to update the noise analysis for an 8.9-acre project site due to changes to the site plan. The proposed project consists of 39 single-family dwelling units. Changes to the site plan include an optional California room and balcony for the proposed residential units, a detention basin south of Lots 36 through 39, and the modification of the location and height of the property wall for Lots 36 through 39 on the south side of the project site. The Salvation Army Anaheim Center of Hope Project Anaheim, Orange County, California Mr. Lui prepared a noise impact analysis memorandum consistent with the Housing and Urban Development (HUD) Noise Guidebook for a housing development at 1340 Lewis Street in the City of Anaheim. The project includes 100 apartments and ancillary community spaces within a rectangular, five-story building. The 100 apartments would be located on floors two through five, with 25 apartments on each floor. Ninety-eight (98) of the apartments will be studios for single homeless adults, and two will be larger apartments for staff. The Commons Project Claremont and Upland, Los Angeles and San Bernardino Counties, California Mr. Lui prepared the noise and vibration impact analysis report for the Claremont Commons project in the cities of Claremont and Upland, California. The project would development 27 single-family homes, 68 townhomes, 15 second-story residential flats, and 5,000 square feet of retail space below the residential flats on the 9.5 ac site. The 27 single-family homes, 15 second-story residential flats (above the retail spaces), and 20 of the townhomes are located in the City of Claremont. The remaining 48 townhomes are located in the City of Upland. 7-Eleven Project Fontana, San Bernardino County, California Mr. Lui prepared a Noise and Vibration Impact Analysis report for the 7-Eleven Project in Fontana. The project would demolish an existing residential dwelling unit for the construction of a new 3,000 sf, 24-hour convenience store (7-Eleven) along with a fueling station and a Type 20 license for alcoholic beverage sales at the convenience store. Cypress City Center Project Cypress, Orange County, California Mr. Lui prepared the noise section in support of the EIR for the Cypress City Center Project. The project involves the construction and operation of a mixed-use development on the project site. The project includes a 43,200 sf theater with approximately 840 seats, a five-story hotel with up to 120 rooms, approximately 20,800 sf of retail and restaurant uses, and a four-story residential component with up to 251 market-rate apartment units and a variety of amenities, including a fitness center, clubhouse, leasing/lounge area, main recreation courtyard, and a dog park.
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CASEY TIBBET Associate / Historian / Architectural Historian PROFESSIONAL RESPONSIBILITIES Ms. Tibbet has been practicing architectural history in Southern California since 1997, first as part of her responsibilities as a city planner and later as a full-time architectural historian. She meets the Secretary of the Interior’s Professional Qualification Standards as a Historian and Architectural Historian and has extensive experience with field recording/survey work; historic research; oral interviews; preparation of historic context statements, significance evaluations, Department of Parks and Recreation (DPR) 523 forms, and cultural resources reports in compliance with CEQA and NEPA regulations and Caltrans requirements for CEQA and NEPA. She has also written cultural resources ordinances. Ms. Tibbet has worked as the on-call preservation consultant for various cities and has surveyed and evaluated thousands of built environment resources, including water conveyance systems, railroad lines, roadways, EXPERTISE fairgrounds, and buildings in rural and urban settings, and has authored or • Project Management contributed to hundreds of cultural resources reports. • Historic Preservation Planning • Field Survey/Recording PROJECT EXPERIENCE • Historic Research Catholic Archdiocese, Damien High School Master Plan Mitigated • CEQA/NEPA Evaluations and Negative Declaration Compliance La Verne, Los Angeles County, California • Caltrans Compliance LSA prepared an Initial Study in support of an MND to update the Damien High • Findings of Effect School Master Plan. LSA also prepared supporting technical studies in the fields • National Register Nominations of air quality and greenhouse gas emissions, cultural resources, noise and • Historic Preservation vibration, and traffic as part of the project. The school was previously evaluated Certification Part 1 and 2 Tax as historically significant; therefore, Ms. Tibbet reviewed the preliminary Credit Applications conceptual site plan and building designs and completed an Impacts Assessment • City Planning using the Secretary of the Interior’s Standards for the Treatment of Historic Properties (Rehabilitation). EDUCATION University of California, National Community Renaissance, La Sierra (Affordable Housing) Riverside, Master of Arts, Apartments History (Historic Preservation) Riverside, Riverside County, California Ms. Tibbet conducted the archival research and intensive-level field surveys and University of California, evaluated several historic-period properties in compliance with CEQA for this Riverside, Bachelor of Arts, proposed affordable housing development. One building was evaluated as Political Science significant under the City’s preservation ordinance as a good example of Mid- PROFESSIONAL Century Modern architecture as applied to a commercial property. AFFILIATIONS LND Management, Inc., Historic Resources Assessment, Huntley Drive Society of Architectural Properties Historians West Hollywood, Los Angeles County, California Ms. Tibbet was the Project Manager for the historic resources assessment of California Preservation three multifamily properties each developed with two one-story buildings. The Foundation assessment included archival research, field surveys, significance evaluations using the California Register of Historical Resources and local criteria, and preparation of DPR 523 forms and the historic resources assessment report. The report was completed in compliance with CEQA. Integrity Housing, The Commons Commercial Historic Restoration & Residential Project Riverside, Riverside County, California LSA prepared a cultural resources assessment for the proposed adaptive reuse of a historically significant gas station building as a restaurant, construction of a new building, parking, and outdoor dining areas on the gas station
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property, and development of the adjacent vacant with two five-story multifamily buildings and related parking. The project area is within the Downtown Specific Plan and is adjacent to the locally designated Heritage Square Historic District. Ms. Tibbet completed an Impacts Assessment for the adaptive reuse project using the Secretary of the Interior’s Standards for the Treatment of Historic Properties and assessed potential impacts to the historic district from the proposed new construction. City of Fontana, Transwestern Boyle Avenue Buildings Fontana, San Bernardino County, California Ms. Tibbet completed archival research, an intensive-level field survey, and documentation and evaluation of two historic-period buildings in the project area. The project was completed in compliance with CEQA as part of the City’s environmental review process. City of Whittier, Residential Historic Resources Surveys Whittier, Los Angeles County, California In partnership with Chattel Architecture, Planning, and Preservation, Inc. (Chattel), LSA completed two intensive- level surveys of 1,540 historic-period residential properties in the City of Whittier. The team photographed the properties, prepared descriptions for the properties, and conducted property-specific research on intact properties that appeared to be significant. Each of the surveyed properties was documented and evaluated under the provisions of Section 106, CEQA, and the City of Whittier Historic Resources Ordinance. California Historical Resources status codes were assigned to each property according to level of significance. In addition, the team updated the City’s historic context statement. A survey report was prepared that included project methodology and results, regulatory information, a historic context, evaluation criteria, recommendations, tables, and DPR forms. City of Redlands Safety Hall and Courthouse Demolition Redlands, San Bernardino County, California Under contract to the City of Redlands, LSA prepared an IS/MND and technical studies for the demolition of the on-site Safety Hall and Courthouse buildings located at 212 and 216 Brookside Avenue, respectively, and General Plan and Zoning amendments to facilitate future development. As part of this process, Ms. Tibbet co-authored the cultural resources assessment and evaluated the property for historical significance using the California Register of and local criteria. Various, Documentation Process Arcadia, Los Angeles County, California Ms. Tibbet is responsible for supervising the field surveys and property-specific research for documentation of properties in the City of Arcadia that are proposed for demolition. These projects are sponsored by private clients, but documentation is required by the City for compliance with CEQA. As part of this process, LSA reviews the 2016 Citywide Historic Resources Survey and prepares DPR Primary Records, Building, Structure, and Object Records, and Location Maps, as well as a cover memorandum for each property proposed for demolition. When appropriate, LSA also makes recommendations. City of Pasadena, Azusa Conduit, Angeles National Forest Los Angeles County, California Ms. Tibbet served as the Project Manager, architectural historian, and researcher for this project, which involved the survey and evaluation of an approximately 5.83-mile long water conduit associated with a hydroelectric power plant owned by the City of Pasadena. The conduit is situated on the east and south sides of the San Gabriel River, which is a “navigable water of the United States” and falls under the jurisdiction of the U.S. Army Corps of Engineers. The conduit, which dates to the 1890s, was determined eligible for listing in the National Register of Historic Places. A report, including an extensive historic context and DPR 523 forms, was completed.
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LLOYD SAMPLE Principal / Archaeological & Paleontological Resources PROFESSIONAL RESPONSIBILITIES Mr. Sample serves as LSA’s Principal in charge of the Irvine office paleontological and archaeological group. He is the paleontological and archaeological monitoring coordinator, Chief Safety Officer, and liaison with developers and construction management. He directs staff on multiple concurrent projects for archaeological and paleontological mitigation. Mr. Sample is responsible for coordinating monitoring; directing fossil salvage operations before and during earth-disturbing activities and for overseeing the preparation and curation of paleontological resources. Mr. Sample also designs and installs scientific interpretive displays for public and private clients. PROJECT EXPERIENCE Irvine Company, City of Irvine Planning Areas; 1, 4, 5, 6, 8, 9, 17, 18, 27, 39, 40, 50 Irvine, Orange County, California EXPERTISE As Project Manager and monitoring coordinator for archaeology and • Paleontological and paleontology, Mr. Sample directs monitoring when ground-disturbing activities Archaeological Monitoring occur in sensitive sediments for Irvine Company properties. Sensitive bedrock Coordinator consisting of the Puente, Capistrano, Monterey and Vaqueros Formations has • Chief Safety Officer been encountered during development of future home sites, parks and school • Developer/Construction sites. Various marine and terrestrial plant and animal remains have been Management Liaison recovered, such as cetacean skulls (Odontoceti and Mysticeti) and associated PROFESSIONAL postcranial material, were identified in the field and salvaged for future EXPERIENCE preparation and analysis. Invertebrates collected, included bivalves, gastropods, and sand dollars. LSA is the sole source archaeological and paleontological Safety Officer and Monitoring Coordinator for Archaeology consultant for the Irvine Company and its subsidiaries. and Paleontology, LSA, Irvine, NBCUniversal, On-Call Contract California, February 1995– Universal City, Los Angeles County, California Present Mr. Sample serves as the Project Manager and monitoring coordinator for the NBCUniversal on-call contract. Mr. Sample provides archaeological and PROFESSIONAL paleontological construction environmental training, mitigation review, and AFFILIATIONS monitoring-staff coordination. Society of Vertebrate Paleontology El Casco Substation Beaumont and Banning, Riverside County, California TEACHING LSA managed and directed cultural resources assessments of multiple “Fossils in Your Back Yard,” an substation and reconductor line alternatives in Riverside and San Bernardino educational program Counties as part of SCE’s El Casco Substation System Project. Mr. Sample emphasizing the importance coordinated monitoring, salvage, and laboratory tasks for the El Casco of fossils as an educational Substation project in San Timoteo Canyon, west of Beaumont. LSA was also tool and as a nonrenewable contracted to provide paleontological monitoring for 8 months of construction resource. Since 2001, more than 50,000 students from the excavation, which Mr. Sample oversaw. The paleontological resource Capistrano, Saddleback, monitoring program recovered very comprehensive fauna and flora from the El Newport-Mesa, and Santa Ana Casco Substation location, the most complete fossil assemblage from the San School Districts have Timoteo Badlands. A total of 240,000 cubic yards of fossiliferous sediments were benefitted from this free disturbed. Salvage by monitors and screen washing of sediments recovered program launched by approximately 2,800 plants, 1,000 invertebrates, and 12,000 vertebrates for an Mr. Sample and LSA. approximate total of 15,800 specimens.
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Orange County Waste, Prima Deshecha Landfill Orange County, California During grading activities at the Prima Deshecha Landfill, Mr. Sample served as the paleontological Project Manager and monitoring coordinator when ground-disturbing activities occur in sensitive sediments. Most notable has been the large-scale salvage of a porpoise and an extinct walrus from the Capistrano Formation. RCTC, On-Call Environmental Services Riverside County, California Mr. Sample serves as the monitoring coordinator for the Riverside County Transportation Commission (RCTC) on- call contract. Mr. Sample provided paleontological construction monitoring and a Paleontological Mitigation Report for Task Order 1 for the State Route 74/Interstate 215 Interchange Project. In addition, Mr. Sample provided paleontological training for construction workers and provided monitors for the installation of the environmentally sensitive area fencing for Task Order 5 for the Interstate 215 Widening Project from Scott Road to Nuevo Road and the Liston Brick site. Orange County Waste, Frank R. Bowerman Landfill Orange County, California During grading activities, Mr. Sample served as paleontological Project Manager and monitoring coordinator, directing the monitors on a full-time basis when ground-disturbing activities occurred in sensitive sediments. Most notable was the large-scale salvage of a baleen whale from the Puente Formation. Mr. Sample was the Project Manager for the Frank R. Bowerman Landfill for 17 years, starting in 1996, with the contract ending in March 2015. Caltrans District 12 - County of Orange, SR-133 Realignment, Laguna Canyon Road Orange County, California As paleontological and archaeological Project Manager and monitoring coordinator, Mr. Sample directed the monitors on a full-time basis when ground-disturbing activities occurred in sensitive sediments during the State Route 133 Realignment. These sediments consisted of the Sespe/Vaqueros Formation and Quaternary Alluvium. Mr. Sample conducted salvage operations of various fossilized vertebrate remains and directed laboratory preparation of numerous cetacean skull specimens.
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RIORDAN GOODWIN, R.A. Archaeologist, Laboratory Manager, & Senior Cultural Resources Manager PROFESSIONAL RESPONSIBILITIES Mr. Goodwin has extensive experience as Principal Investigator, Co-principal Investigator, and contributing specialist on cultural resource assessments, historic architectural evaluations, constraints analyses, and Phase II testing and Phase III data recovery programs. He has written, co-written, contributed to and peer-reviewed CEQA and NEPA (Section 106) level reports (including SHPO Archaeological Resource Management Reports [ARMR] and Caltrans-formatted cultural resource assessments, archaeological testing/evaluations, and monitoring reports), historic building inventories and evaluations, cultural resource management plans, Historic American Building Survey/Historic American Engineering Record (HABS/HAER) documentation, and Department of Parks and Recreation (DPR) forms. His experience includes both California Register and National Register level work in Riverside, Los Angeles, Orange, and EXPERTISE San Bernardino Counties involving survey, testing, resource salvage recovery, • Historical and Military and monitoring programs, as well as Native American consultation. Archaeology PROJECT EXPERIENCE • Historical Research Holden Hall Demolition, Pitzer College, • Phase I Surveys Montclair, Los Angeles County, California • Phase II Test Excavation Mr. Goodwin conducted salvage recovery of a historic-period refuse deposit, Programs performed laboratory analysis, prepared site record documentation and wrote • Cultural Resources Monitoring • Native American Consultation the report and arranged for disposition of the artifact collection. Claremont Commons Specific Plan EDUCATION Claremont and Upland, Los Angeles and San Bernardino Counties, Anthropology Graduate California Program (completed all but Mr. Goodwin conducted the Phase I survey and research, and documented and thesis), San Diego State evaluated historic-period resources, and contributed to the assessment report. University, California, 1993 Damien High School Master Plan Update Bachelor of Arts in La Verne, Los Angeles County, California Anthropology, San Diego State Mr. Goodwin conducted the Phase I survey and research, developed mitigation University, California, 1987 measures, and co-authored the report. Undergraduate Studies, East Avenue and Banyan Street Alternative 6 Palomar Community College, Rancho Cucamonga, San Bernardino County, California San Marcos, California, 1986 Mr. Goodwin conducted the Phase I survey, research, documented and evaluated historic-period resources, and wrote the assessment report. SPECIAL TRAINING BNSF RailSafe Railroad Safety Tentative Tract Map 18936 Training Rancho Cucamonga, San Bernardino County, California Mr. Goodwin conducted the Phase I survey, research, evaluated historic-period County of Riverside, Cultural resources, and wrote the assessment report. Sensitivity Training 6858 Hermosa Avenue HAZMAT 40-Hour Training Rancho Cucamonga, San Bernardino County, California Unexploded Ordnance Mr. Goodwin conducted the Phase III monitoring, documented and evaluated Awareness 8 hour historic-period features, and contributed to the monitoring report.
Industry Workforce Housing Community Project City of Industry, Los Angeles County, California Mr. Goodwin conducted the Phase I survey, research, co-authored the assessment report and assisted with consultation with the Gabrieleno-Tongva Tribe.
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Caltrans, Chino Hills Parkway Improvements Chino Hills, San Bernardino County, California Mr. Goodwin conducted the Phase I archaeological survey, documented a prehistoric resource, collated records search results, prepared resource documentation, and conducted Native American consultation on behalf of Caltrans. He prepared a Historic Property Survey Report (HPSR), Archaeological Resources Report (ASR), and assisted with the Historic Resources Evaluation Report (HRER) in accordance with Caltrans Standard Environmental Reference (SER) guidelines, Section 106, and CEQA. The project received State Historic Preservation Office (SHPO) concurrence on the HPSR/HRER/ASR. Colton Crossing Grade Separation Colton, San Bernardino County, California Mr. Goodwin conducted the Phase I survey and Extended Phase I (XPI) archaeological testing of a segment of BNSF Railroad, designed and supervised the ground-penetrating radar (GPR) program, documented and evaluated historic-period resources, coordinated research, and supervised laboratory analysis. Mr. Goodwin conducted Native American consultation on behalf of Caltrans, prepared a Caltrans-format Historic Property Survey Report (HPSR), Archaeological Resources Report (ASR), and XPI Report, and contributed to the Historic Resources Evaluation Report (HRER) in accordance with Caltrans Standard Environmental Reference (SER) guidelines, Section 106, and CEQA. He also arranged for disposition of the artifact collection. The project received SHPO concurrence on the HPSR/HRER/ASR/XPI reports. State Route 210 Project San Bernardino, San Bernardino County, California Mr. Goodwin conducted the monitoring program, recovered prehistoric human remains, coordinated with Native American Tribes and the County Coroner, and prepared a monitoring report in accordance with Caltrans Standard Environmental Reference (SER) guidelines, Section 106, and CEQA. Perris Union High School District (PUHSD), Perris Union High School No. 4 Riverside County, California Mr. Goodwin conducted the Phase I field survey, site record update, Phase II testing, laboratory analysis of prehistoric artifacts, and Native American consultation on behalf of PUHSD, and prepared the report. He also arranged for disposition of the artifact collection. Alessandro Commerce Center Riverside County, California Mr. Goodwin assisted with the Phase I survey, conducted the Phase II testing program, supervised the monitoring program, prepared prehistoric resource documentation and updates, coordinated with the Riverside County Archaeologist and Native American Tribes, and prepared the report. He also arranged for disposition of the artifact collection. Borello Ranch Project Santa Clara County, California Mr. Goodwin participated in salvage/data recovery of multiple inhumations at a prehistoric Ohlone mortuary complex including documentation of subsurface features, recovery of artifacts, laboratory analysis, monitoring, and logistical support. He also contributed the historic context to the report.
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JODI ROSS-BORREGO Principal / Biologist PROFESSIONAL RESPONSIBILITIES As a Principal in LSA’s Palm Springs office, Ms. Borrego is primarily responsible for assisting various clients in conducting and managing the coordination of biological resource evaluations and assessments, managing and overseeing construction compliance projects, and preparing environmental documentation for renewable energy projects. Ms. Borrego also manages on- call service contracts with utility providers; and prepares biological reports for transportation projects, including bridge replacement, road widening, and interchange modifications, and environmental permitting. She works with various resource and regulatory agencies to analyze impacts and recommend EXPERTISE mitigation measures as part of the CEQA/NEPA documentation for both • Biological Assessments private- and public-sector projects. • MSHCPs • Project Management PROJECT EXPERIENCE • Jurisdictional Delineations California High-Speed Rail – Bakersfield to Palmdale Section • Rare, Threatened, and Various Locations, California Endangered Species Ms. Borrego is the Biology Task Manager for the California High-Speed Rail, • State and Federal Permitting Bakersfield to Palmdale section. This section of the High-Speed Rail project will Procedures link San Francisco to Los Angeles and points between. Ms. Borrego is managing the preparation of the Biological Resources and Wetlands Technical Report and EDUCATION providing oversight and support for the Biological Resources Assessment and B.S., Environmental Biology Mitigation Planning. City of South Pasadena, Arroyo Seco Bicycle and Pedestrian Path South Pasadena, Los Angeles County, California Ms. Borrego prepared a biological constraints memorandum as part of a CEQA Initial Study/Mitigated Negative Declaration for the Arroyo Seco Bicycle and Pedestrian Path Project. San Jacinto Wind II Wind Energy Repowering Project Palm Springs, Riverside County, California LSA is currently providing biological resources support for the wind energy repowering project, which involves the decommissioning of multiple existing wind turbines and their replacement with fewer, new, and more efficient turbines. LSA is conducting focused surveys, and Ms. Ross-Borrego is overseeing the preparation of the Biological Resource Assessments and Jurisdictional Delineation reports, regulatory permitting, and Section 7 consultations. Coachella Flats Wind Energy Repowering Project Palm Springs, Riverside County California LSA is currently providing biological resources support for this wind energy repowering project, which involves the decommissioning of multiple existing wind turbines and their replacement with fewer, new, and more efficient turbines. Ms. Borrego is overseeing field surveys, the preparation of the Biological Resource Assessments and the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Consistency Report, the Jurisdictional Delineation report, regulatory permitting, and the Joint Project Review with the Coachella Valley Conservation Commission (CVCC). I-10 Bypass Project Riverside County, California Ms. Borrego is managing the biological services for the I-10 Bypass Project. This includes preparing a Natural Environment Study, a Biological Assessment, and associated technical studies, including a wetlands delineation/ jurisdictional determination, vegetation mapping, focused surveys for desert tortoise, and focused surveys for rare plants and nonlisted special-status species.
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Devers-Mirage 115 kV Sub-Transmission System Split Project Riverside County, California LSA provided compliance and technical expertise to assist SCE for this project, which is located along 7 miles of the Coachella Valley in Riverside County. LSA conducted various surveys for several federal- and/or State-listed species and prepared and implemented a Salvage and Restoration and Habitat Mitigation Monitoring Plans. LSA provided biological construction monitoring for various 115 kV and 220 kV alignments, and biological and environmental compliance monitoring within various SCE substations throughout Coachella Valley. Ms. Borrego managed all biological services for this sub-transmission system split project. I-15/I-215 Interchange Improvements Project Devore, San Bernardino County, California For the I-15/I-215 Improvements Project in Devore in unincorporated San Bernardino County, Ms. Borrego assisted in the fieldwork and preparation of the Jurisdictional Delineation report, as well as in the preparation of the Natural Environment Study. Additionally, Ms. Borrego conducted surveys for threatened and endangered species, including slender-horned spineflower, Santa Ana River woolly-star, arroyo toad, and coastal California gnatcatcher. Pio Pico Energy Center San Diego County, California LSA has provided long-term biological, archaeological, and paleontological compliance monitoring for the Pio Pico Energy Center Project. The project is a nominal 300 MW peaking power plant. Ms. Borrego served as the California Energy Commission’s (CEC) Designated Biologist for the project and prepared the Biological Resources Mitigation Implementation Monitoring Plan (BRMIMP). CPV Sentinel Generation Tie-In Project Riverside County, California The CPV Sentinel Energy Project is an 850 MW electrical generating facility consisting of eight natural gas-fired General Electric LMS100 combustion turbine generators operating in simple-cycle mode. Ms. Borrego managed the biological services for this generation tie (gen tie) line project. Services include biological monitoring, focused special-status species surveys, and preconstruction surveys.
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STANLEY C. SPENCER, PH.D. Associate / Senior Biologist, Botanist & Certified Arborist PROFESSIONAL RESPONSIBILITIES As the certified arborist and botanical specialist for LSA’s Riverside office, Dr. Spencer is primarily responsible for arborist reports, rare plant surveys, floristic inventories, vegetation mapping, and vernal pool assessments and mapping. Additional responsibilities include wetland delineations, biological resources assessments, habitat suitability assessments, and focused sensitive insect, fairy shrimp, reptile, bird, and mammal species surveys. General biological resources assessments have included biological/wetland evaluations at macrocell communication sites throughout Southern California and southern Nevada; writing the biological portion of the Existing Settings report for the Riverside County General Plan; and habitat assessments, surveys, and technical reports for Riverside County’s Community Environmental and EXPERTISE Transportation Acceptability Program (CETAP) and Mid County Parkway Project. • Sensitive Species Habitat Dr. Spencer has conducted focused plant and animal surveys for over 100 Suitability Assessments projects throughout Southern California. Animal survey species have included • Sensitive Species Focused Palm Springs round-tailed ground squirrel, coastal California gnatcatcher, least Surveys Bell’s vireo, burrowing owl, Coachella Valley fringe-toed lizard, desert tortoise, • Biological Resources Delhi sands flower-loving fly, Quino checkerspot butterfly, tiger beetles, and Assessments sensitive fairy shrimp species. • Tree Inventories and Assessments Prior to his employment with LSA, Dr. Spencer assisted the U.S. Geological • Botanical Inventories Survey as a consultant in botanical studies in northern Arizona. While at the • Vegetation Mapping Claremont Graduate University, Dr. Spencer studied vernal pool ecosystems, • Wetland Delineations flora of the western Mojave Desert, and the plant genus Navarretia.
PROFESSIONAL PROJECT EXPERIENCE CERTIFICATIONS Tehachapi Renewable Transmission Project Los Angeles and Kern Counties, California International Society of Arboriculture, Certified Dr. Spencer was principal botanist for the focused plant surveys for the Arborist, No. WE-9358A biological surveys and construction monitoring for this Southern California Edison 80-linear mile (three segments) 500-kilovolt transmission line project. He PERMITS also assisted with surveys for desert tortoise and American badger, and with U.S. Fish and Wildlife Service construction monitoring. Permit No. TE-777965. Caltrans, I-710 Corridor Authorization to survey for the Los Angeles County, California threatened coastal California Dr. Spencer conducted habitat assessments and surveys for rare plants species gnatcatcher and endangered and assisted with a wetland delineation along I-710. Professional services Delhi Sands flower-loving fly conducted 2008–2009. EDUCATION Caltrans District 7, On-Call Environmental Services Claremont Graduate Los Angeles County, California University, Ph.D. Botany, Dr. Spencer conducted a focused survey for sensitive tiger beetle species within Claremont, California, 1997 coastal habitat at the SR-103/SR-1 interchange. Brigham Young University, B.S. SCE On-Call Services Botany, (Cum Laude), Provo, Kern, Los Angeles, Tulare, San Bernardino, and Riverside Counties, Utah, 1991 California Dr. Spencer conducted habitat assessments, focused sensitive species surveys, pre-construction surveys, and construction monitoring at deteriorated pole replacement sites.
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Jurupa Ranch Industrial Use Project Fontana, San Bernardino County, California Dr. Spencer assisted with a tree inventory and assessment on this 40-acre development site for compliance with the City of Fontana’s tree ordinance. Assessments were conducted for 397 trees. County of San Bernardino Solid Waste Management Division Redlands, San Bernardino County, California Dr. Spencer conducted a pre-construction nesting bird and coastal California gnatcatcher survey for the San Timoteo Sanitary Landfill basin and channel stabilization project. Biological Services at South Coast Regional Landfills San Juan Capistrano, Orange County, California Dr. Spencer conducted fairy shrimp surveys and rare plant surveys at the Prima Deshecha Landfill. Brethren Hillcrest Homes Master Plan Update La Verne, Los Angeles County, California Dr. Spencer provided an arborist report and reviewed mitigation measures for a protected tree on the project site. Southern California Gas Pipeline Thousand Palms, Riverside County, California Dr. Spencer conducted a pre-construction survey and monitored for Coachella Valley fringe-toed lizard during the pipeline installation. Orange Street Natural Environment Study Highland, San Bernardino County, California Dr. Spencer conducted focused surveys for slender-horned spineflower and Santa Ana River woollystar at the Santa Ana River Wash. Carlsbad Coastal Rail Trail San Diego County, California Dr. Spencer conducted focused surveys for sensitive fairy shrimp species for the City of Carlsbad Coastal Rail Trail Reaches 4 and 5. Indian Avenue/I-10 Interchange Improvements Palm Springs, Riverside County, California In coordination with the City of Palm Springs and Caltrans, LSA provided environmental services for improvements to the interchange. Dr. Spencer conducted focused surveys for Coachella Valley milkvetch, desert tortoise, and Palm Springs round-tailed ground squirrel. He also mapped habitat types, conducted habitat assessments for threatened and endangered species, identified species present, and reported findings in a Natural Environment Study (NES) report for Caltrans. Mid County Parkway Riverside County, California Dr. Spencer conducted habitat evaluations for sensitive plant species and coordinated vegetation mapping on a 13,000-acre biological study area. He directed focused surveys for sensitive plant species surveys within suitable habitat and wrote related sections of a Caltrans NES. This is a 16-mile linear project.
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ZACHARY A. HENDERSON Principal / Geographic Information Systems Director PROFESSIONAL RESPONSIBILITIES Mr. Henderson has 26 years of experience in the geographic information systems (GIS) field, including 20 years with LSA. His GIS experience includes application development, CEQA and NEPA compliance, cultural site record analysis, biological delineation, traffic and transit planning, global positioning systems (GPS), impact/mitigation analysis, and GIS training. Mr. Henderson’s specific duties include management of LSA’s Irvine GIS Department, providing quality control, GIS implementation for LSA and LSA’s clients, and workload management and scheduling, managing the acquisition of hardware and software, and GIS/GPS training. Additionally, Mr. Henderson provides technical support for all LSA offices using GIS, maintains LSA’s business partner relationship with Esri, and manages LSA’s GIS licensing. EXPERTISE • Geographic Information PROJECT EXPERIENCE Systems (GIS) One Metro West • Environmental Planning Costa Mesa, Orange County, California • Quantitative and Qualitative LSA is currently preparing several technical studies in support of the EIR for the Analysis One Metro West project. Mr. Henderson served as GIS task lead. The proposed • Spatial Modeling mixed-use development would consist of residential, specialty retail, creative • Global Positioning Systems office, and recreation uses on a 15.7-acre site adjacent to I-405 on Sunflower (GPS) Avenue in Costa Mesa. LSA is responsible for preparing technical studies related to the following issue areas: air quality; greenhouse gas emissions; health risks; EDUCATION noise and vibration; archaeological and paleontological resources; biological University of California, Los resources; and traffic. The Draft EIR is expected to be circulated in late 2019. Angeles. Bachelor of Arts, Environmental Studies/ Metro and Riverside County Transportation Commission, I-710 Corridor Geography, December 1994 Project and SR-91 Freeway Improvement Project Los Angeles and Riverside Counties, California El Camino Community College, Mr. Henderson was responsible for the interactive public hearing displays for Associate Degree with Honors in Mathematics, June 1992 the Metro I-710 Corridor Project, from the Port of Los Angeles to East Los Angeles, and for the SR-91 Freeway Improvement Project between Anaheim South Warwickshire College of and Riverside. For both of these projects, the goal was to educate the public on Further Education, Stratford- the project details, including parcel acquisitions, permanent and temporary Upon-Avon, England. Study Abroad Program, January areas of impact, the differences between the multiple alternatives, the location 1990–April 1990 and placement of sound walls, and other construction and engineering details. LSA used ArcGIS Explorer Desktop, with custom code that would allow members PROFESSIONAL of the public to zoom to their address and get a firsthand look at how the project CERTIFICATIONS/ would affect them. REGISTRATIONS Caltrans District 12 On-Call Environmental Services Geographic Information Orange County, California Systems Professional (GISP) – Mr. Henderson oversees all GIS aspects for this on-call contract, helping to Certificate No. 00025721 manage environmental, biological, and cultural tasks orders. Work includes working with Caltrans project managers and engineers, public meetings and PROFESSIONAL outreach, analysis and mapping, conversion and web site creation. EXPERIENCE Mr. Henderson also provides the final QA/QC on the various GIS products that Principal/GIS Manager, LSA, are being created for Caltrans. Irvine, California, August 2012–Present
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Transportation Corridor Agencies, Foothill South Project Orange County, California LSA was initially called upon to provide a quality assurance and quality control process for the Foothill South Project for the Transportation Corridor Agencies (TCA). This work eventually grew into supporting the TCA’s geographic information system (GIS) efforts for the entire project. LSA has provided GIS training and consulting for the TCA on all aspects of ArcGIS. LSA helped establish a small GIS network to further integrate current and extensive Computer- Aided Design (CAD) information (MicroStation and AutoCAD) into ArcMap so that it could be mapped, analyzed, and reported. Tasks ranged from on-site training and support, advising on the best method of analysis and best practices for mapping and plotting, data integration, and general support and maintenance of ArcGIS. Recently, LSA just finished an embedded JavaScript application that allows the public to look up the development fees associated with new construction. This web map is pulling information from ArcGIS Online so that the base datasets can be changed by TCA staff directly, which allows for the flexibility of keeping the information current and avoids the costs associated with maintaining ArcGIS Server on site. Transportation Corridor Agencies, Foothill South Corridor EIR/EIS Orange County, California Mr. Henderson provides primary support for all geographic information system (GIS) needs and functions related to the EIR/EIS for the Transportation Corridor Agencies Foothill South Corridor. Specific tasks include ArcMap 10.x and 9.x support and training, remote desktop support, GIS analysis, ad hoc mapping requests, MicroStation and AutoCAD conversion, environmental resource mapping, and impact analysis. The final datasets will be published using an Intranet mapping service to allow viewers to make their own queries and maps. I-710 Corridor Project EIR/EIS Los Angeles County, California Mr. Henderson was responsible for the interactive public hearing displays for the Los Angeles County Metropolitan Transportation Authority’s Interstate 710 Corridor Project. The goal was to educate the public on the project details, including parcel acquisitions, permanent and temporary areas of impact, the differences among the multiple alternatives, the location and placement of soundwalls, and other construction and engineering details. LSA used ArcGIS Explorer Desktop with custom code that allowed members of the public to zoom to their individual addresses and experience a first-hand look at how the project would affect them. Mid County Parkway Project EIR/EIS Riverside County, California The Mid County Parkway project was a more detailed study of the Riverside County Integrated Project, Cajalco Ramona Corridor (CRC) and the Riverside County Integrated Project, Community and Environmental Transportation Acceptability Process (CETAP) projects (see below), providing a Tier II level of analysis. Much like the CRC and CETAP projects, this analysis helped to identify the best route to link San Jacinto/Hemet to Corona and relieve congestion on State Route 91, taking into consideration environmental, engineering, and development constraints. Mr. Henderson oversaw the GIS coordination with the various resource agencies, multiple consulting teams, and County departments, and was heavily involved in the quality control process for the project.
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SECTION 6. FIRM DESCRIPTION
FIRM EXPERIENCE LSA is a full-service multidisciplinary land use, environmental planning, and technical services firm with nine offices throughout California. The firm is uniquely qualified to provide municipal planning and environmental consulting services to the City because we feature a hand-selected team of professionals with expertise in the full breadth of services the City is seeking. LSA’s Riverside branch will be the managing office for this contract.
The foundation of LSA has been to prepare and review CEQA documents, provide planning assistance to public agencies and private developers, and support technical studies. LSA has provided these services for more than 44 years, and today, our firm employs over 180 environmental and planning professionals. LSA is 100 percent employee owned, which translates into an extraordinary tenure for many of these experts and a vested interest in providing the best possible service to the City.
Environmental analysis has been the cornerstone of LSA’s professional practice since the firm’s founding in 1976 and continues as one of the firm’s key practice areas. LSA’s understanding of both development planning and the public interest results in realistic and fair recommendations. We offer efficient and responsive support to State, regional, and local governments, as well as private sector and institutional clients. LSA has prepared thousands of Initial Studies (ISs), Environmental Assessments (EAs), Addendums, Negative Declarations (NDs), Mitigated Negative Declarations (MNDs), Environmental Impact Reports (EIRs), and Environmental Impact Statements (EISs).
In addition to our capabilities in preparing CEQA documents, LSA’s staff includes in-house subject matter experts in a variety of technical disciplines. By maintaining technical expertise in-house, LSA can provide the City with an integrated multidisciplinary team that facilitates communication of project information, deliverables, and schedules. Further, the entire LSA team presented in our proposal will be available and easily accessible to the City for meetings and conference calls throughout the project.
As planners and environmental analysts, LSA is active in all aspects of residential and community development, land use planning, and public involvement. Our expansive team of professionals includes former municipal planners, environmental planners with expertise in CEQA documentation, and specialists in Transportation, Air Quality, Climate Change, Health Risk, Noise and Vibration, Cultural Resources and Architectural History, Paleontological Resources, Biological Resources, Regulatory Permitting, Housing and Urban Development, and Telecommunications Facility Applications.
In the past 5 years, LSA has provided environmental services to more than 70 municipal agencies in California. As part of these contracts, LSA provides environmental analysis in accordance with CEQA for many types of projects with services equivalent or similar to those identified by the City in the Request for Proposals (RFP). LSA has successfully executed work including CEQA documentation for residential developments for 41 municipalities within Los Angeles County and 161 municipalities throughout the State.
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The map below shows LSA’s current projects in Los Angeles County along with a list of cities in Southern California for which LSA has worked:
• Arcadia • Los Angeles • Azusa • Monrovia • Beverly Hills • Palmdale • Burbank • Pasadena • Claremont • Pomona • Dana Point • Rancho Palos Verdes • Glendale • Rolling Hills Estates • Hemet • San Juan Capistrano • Irwindale • Walnut • Lake Forest • West Hollywood • La Verne • Whittier • Loma Linda • Yorba Linda • Long Beach
Our extensive experience providing CEQA documentation for residential developments is demonstrated under Sections 7 and 8 of this proposal.
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Table A: Key Staff
Staff Name Education/ Years of Expertise Relevant Projects and Role Registrations Experience CEQA Frank Haselton M.S., Environmental Studies 40 Resource Management RRM Properties, Ltd., Tentative Tract Map No. Principal in Charge / B.A., Geography Community Planning 17289 Residential Project, IS/MND Environmental Planning Land Use Analysis Century City Center Office Development, Subsequent EIR City of Pismo Beach, Contract Planning Dionisios Glentis, B.S., Anthropology (Magna 15 CEQA/NEPA City of La Verne, Damien High School Master Project Manager / Cum Laude); minor in Environmental Planning/ Plan Update, IS/MND Environmental Planning Business Administration Analysis/Community Planning City of La Verne, Brethren Hillcrest Master Plan Lead Construction Compliance Update, IS/MND Mitigation Monitoring and City of Fontana, Monarch Hills Residential Reporting Project, EIR Worker Environmental City of Hemet, Rancho Diamante Phase II Awareness Program Specific Plan Amendment Project, Supplemental EIR Transportation Ambarish Mukherjee Master of City and Regional 14 Traffic Impact Studies City of La Verne, Damien High School Master Transportation Lead Planning/Concentration in Pedestrian & Bicycle Plans Plan Update, IS/MND Transportation and Land Use Transportation Funds and City of La Verne, Brethren Hillcrest Master Plan Planning, and GIS; Grants Management Update, IS/MND Bachelor of Architecture Land Use and Transportation City of Long Beach, General Plan Land Use and Modeling Urban Design Elements Traffic Analysis Intelligent Transportation Monarch Hills Residential Development EIR Systems City of Long Beach, Globemaster Corridor Specific Plan Vehicle Miles Traveled (VMT) Analysis Debmalya Sinha Masters, Urban Planning; 4 Travel Demand Modeling City of La Verne, Damien High School Master Transportation Planner Bachelor of Architecture Spatial & Statistical Analysis Plan Update, IS/MND Transportation & Land Use City of La Verne, Brethren Hillcrest Master Plan Traffic Impact Analysis Update, IS/MND City of Long Beach, General Plan Land Use and Urban Design Elements Traffic Analysis
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Table A: Key Staff
Staff Name Education/ Years of Expertise Relevant Projects and Role Registrations Experience Air Quality/GHG/Noise Amy Fischer B.S., Environmental Policy 20 CEQA/NEPA City of Long Beach General Plan Noise Element Principal, Air Quality and Analysis Air Quality Analysis Air Quality Impact Analysis, Land Use and Noise Lead GHG Emissions Analysis Urban Design Elements Climate Change Analysis Sustainable Santee, The City’s Roadmap to Noise Analysis Greenhouse Gas Reductions Ron Brugger B.S., Mechanical Engineering 26 Air Quality, Greenhouse Gas, City of La Verne, Damien High School Master Air Quality and Energy Analyses Plan Update, IS/MND Human Health Risk City of La Verne, Brethren Hillcrest Master Plan Assessment Update, IS/MND Air Dispersion Modeling Jamboree & Richter Residential Project Noise Modeling Seaside Senior Living Project USA Multifamily Development, Lancaster 3 Residential Project Jason Lui M.S., Environmental Studies; 17 Air Quality Analysis City of La Verne, Damien High School Master Noise and Vibration B.A., Environmental Analysis Noise Analysis Plan Update, IS/MND Specialist and Design City of La Verne, Brethren Hillcrest Master Plan Update, IS/MND Montclair Senior Living Project Architectural History Casey Tibbet M.A., History (Historic 29 Historic Preservation Planning City of La Verne, Damien High School Master Architectural History and Preservation); Field Survey/Recording Plan Update, IS/MND City Planning Support Lead B.A., Political Science Historic Preservation City of La Verne, Brethren Hillcrest Master Plan Certifications Part 1 and 2 Tax Update, IS/MND Credit Applications LND Management, Inc., Historic Resources Assessment, Huntley Drive Properties Integrity Housing, The Commons Commercial Historic Restoration & Residential Project Cultural Resources Lloyd Sample N/A 25 Paleontological and NBCUniversal, On-Call Contract Cultural Resources Lead Archaeological Monitoring El Casco Substation Coordinator Orange County Waste, Prima Deshecha Landfill Chief Safety Officer Developer/Construction Management Liaison
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Table A: Key Staff
Staff Name Education/ Years of Expertise Relevant Projects and Role Registrations Experience Rory Goodwin B.A., Anthropology 30 Historical and Military Claremont Commons Specific Plan Cultural Resources Archaeology City of La Verne, Damien High School Master Phase I Surveys and Phase II Plan Update, IS/MND Test Excavation Programs City of La Verne, Brethren Hillcrest Master Plan Cultural Resources Monitoring Update, IS/MND Native American Consultation City of Hemet, Rancho Diamante Phase II Specific Plan Amendment Project, Supplemental EIR Biological Resources Jodi Ross-Borrego B.S., Environmental Biology 16 Habitat Conservation Plans City of South Pasadena, Arroyo Seco Bicycle Biological / Arboriculture Jurisdictional Delineations and Pedestrian Path Task Lead Rare/Threatened/Endangered California High-Speed Rail – Bakersfield to Species Palmdale Section State and Federal Permitting I-10 Bypass Project Procedures Stanley Spencer Ph.D., Botany; 20 Sensitive Species Surveys City of La Verne, Brethren Hillcrest Master Plan Biological Resources / B.S., Botany; Biological Resources Update, IS/MND Certified Arborist International Society of Assessments Tehachapi Renewable Transmission Project Arboriculture, Certified Tree Inventories and Jurupa Ranch Industrial Use Project Arborist, No. WE-9358A Assessments Vegetation Mapping Wetland Delineations GIS Zac Henderson B.A., Environmental Studies/ 26 Geographic Information Metro and Riverside County Transportation Principal, GIS Lead Geography; Systems (GIS) Commission, I-710 Corridor Project and SR-91 A.A. Degree with Honors in Environmental Planning Freeway Improvement Project Mathematics Quantitative and Qualitative Transportation Corridor Agencies, Foothill Analysis South Project Spatial Modeling I-710 Corridor Project EIR/EIS Global Positioning Systems (GPS)
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SECTION 7. SUMMARY OF RECENT ENVIRONMENTAL DOCUMENTS
LSA has extensive experience working with public agencies, mixed-use and residential developments, commercial developments, recreational facilities, and transportation projects. Projects that best represent our experience in reviewing and preparing environmental documents for the proposed project are summarized below.
Brethren Hillcrest Homes Master Plan Update, City of La Verne, Los Angeles County, California LSA prepared an IS/MND and technical studies related to architectural history, biological resources and arboriculture, air quality, greenhouse gas emissions, noise and vibration, and transportation to update the Brethren Hillcrest Master Plan. The La Verne Planning Commission and City Council approved the IS/MND in November 2019 and January 2020, respectively. Team: Dionisios Glentis, Amy Fischer, Jason Lui, Stan Spencer, and Casey Tibbet.
Rancho Diamante Phase II Specific Plan Amendment, City of Hemet, Riverside County, California LSA prepared a Subsequent EIR, Cultural Resources Assessment, and Bird Aircraft Strike Hazard study for the development of 586 single-family homes and 100,000 square feet of commercial uses within the Page Ranch Planned Community Development Area (Specific Plan) for the City of Hemet. LSA also conducted peer review of applicant-prepared technical studies related to biology, transportation, noise, air quality, and greenhouse gas emissions. The project includes a General Plan Amendment, Specific Plan Amendment, and Zone Change. Specific issues addressed include air quality, biological resources, greenhouse gas emissions, airport land use compatibility, water quality and hydrology, land use and planning, noise, transportation, and utilities. The project is scheduled for Planning Commission and City Council hearings in early 2021. Team: Dionisios Glentis, Amy Fischer, Jason Lui, Ambarish Mukherjee, Stan Spencer, Rory Goodwin, and Zac Henderson.
Montclair Senior Living Project, Chenqdu Holding, LLC, Montclair, San Bernardino County, California LSA prepared an IS/MND and technical studies related to cultural resources, air quality, greenhouse gas emissions, noise and vibration, and transportation for the demolition of three medical office buildings totaling 30,000 square feet and the construction of two senior living facilities comprising 140 dwelling units totaling 84,000 square feet on 3.1 acres. Specific issues addressed include aesthetics, cultural resources, hydrology and water quality, hazards and hazardous materials, noise, transportation, and utilities. The Montclair Planning Commission approved the IS/MND in July 2019. Team: Dionisios Glentis, Amy Fischer, Jason Lui, and Ambarish Mukherjee.
Seabiscuit Pacifica Specific Plan Amendment Project, City of Arcadia, Los Angeles County, California LSA prepared an Addendum to the prior IS/MND and technical studies related to air quality, greenhouse gases, biological resources, and cultural resources for the Seabiscuit Pacifica Specific Plan Amendment. The Modified Project would result in the construction of a full-service hotel and a residential mixed‐use tower and supporting parking facility. A total of 335,584 square feet of building area would be developed, including 155,143 square feet of hotel space with 227 rooms (17 more rooms than what was previously approved) and 180,441 square feet of residential mixed‐use comprised of 96 residential units and 38,196 square feet of commercial space. Specific issues addressed included transportation, cultural resources, land use, and sewer capacity. The Arcadia City Council approved the IS/MND in July 2018. Team: Dionisios Glentis, Ron Brugger, Amy Fischer, Casey Tibbet, and Zac Henderson.
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Upland Hills Country Club Project, San Bernardino County, California LSA prepared an IS/MND and technical studies for traffic, air quality and greenhouse gases, noise, biological resources, and cultural resources and supported the City’s Native American Consultation under SB 18 and AB 52 for a 68-unit detached condominium residential development in the City of Upland. The project included private common area open space, utility extensions/interconnections, and reconfiguration of a parking lot and Holes 8, 9, 10, and 18 of the Upland Hills Golf Course. Specific issues addressed included visual resources, biological resources, traffic, noise, and drainage and sewer capacity. The Upland City Council approved the IS/MND in March 2017. Team: Rory Goodwin, Ambarish Mukherjee, Debmalya Sinah, and Stan Spencer.
Sage Canyon Residential Project, City of La Verne, Los Angeles County, California LSA prepared an IS/MND and technical studies for transportation, air quality and greenhouse gases, noise/vibration, and biological resources for development of 14 single-family residential units on 11.4 acres. The project included Hillside Development Overlay Zone (HDOZ) modifications as a Zoning Amendment and required two modifications to the HDOZ requirements: (1) a cul-de-sac length that exceeds the current standard; and (2) one access point instead of the currently required two points of access. The property is within a Very High Fire Hazard Severity Zone; however, the La Verne Fire Department reviewed the site plan and IS/MND and determined it can support the two requested HDOZ modifications for this specific development. Specific issues addressed included hillside development, wildfire, transportation, noise, and preservation of heritage oak trees. The La Verne Planning Commission and City Council approved the IS/MND in December 2015. Team: Stan Spencer and Ron Brugger.
Spanish Trails Specific Plan Project, City of Upland, San Bernardino County, California LSA prepared an IS/MND and arborist report for the Spanish Trails Specific Plan, an infill residential community surrounded by existing single-family residential use and public parks. The project included development of 39 single-family detached residential units with on-site recreational amenities. LSA work efforts included peer review of applicant-prepared air quality/greenhouse gas reports, noise impact analysis, traffic study, and cultural resources assessment. The Upland City Council approved the IS/MND in May 2016. Team: Dionisios Glentis and Stan Spencer.
La Verne Village Mixed-Use Project, City of La Verne, Los Angeles County, California LSA prepared an IS/MND and technical studies for transportation, air quality and greenhouse gases, and noise/vibration to amend the Foothill Boulevard Specific Plan in support of 174 multi-family residential units and 16,500 square feet of commercial uses on 7.7 acres. Specific issues addressed included transportation, air quality and greenhouse gases, noise/vibration, aesthetics, and hazardous materials. The La Verne Planning Commission approved the IS/MND in April 2011. Team: Ron Brugger and Ambarish Mukherjee.
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SECTION 8. RELEVANT CITY PROJECTS
LSA’s relevant project experience, in the cities of La Verne, Fontana, and Murrieta, demonstrates its capabilities in providing environmental documents and CEQA compliance services similar to that of the City’s needs outlined in the RFP. LSA strongly encourages the City to contact the clients provided for objective testimonials of the firm and the Project Manager’s performance. LSA believes that firsthand conversations with people who have worked closely with LSA and its key staff are the most valuable source of insight about the firm’s work.
City of La Verne City of La Verne, Brethren Hillcrest Homes Master Plan Update La Verne, Los Angeles County, California Client: City of La Verne Contact: Candice Bowcock, Principal Planner (909) 596-8706, [email protected] Year Completed: 2020 LSA prepared an IS/MND and technical studies related to architectural history, biological resources and arboriculture, air quality, greenhouse gas emissions, noise and vibration, and transportation to update the Brethren Hillcrest Master Plan. The Master Plan Update includes construction of 14 attached and detached single-family homes with common area landscaping on 1.7 acres. The project requires an update to Neighborhood 6 of the Master Plan, a Zone Change, General Plan Amendment, Roadway Vacation, Parcel Merger, Precise Plan Review, and Tree Removal Application. Specific issues addressed include historic architecture, tree removal and preservation, noise, hazards and hazardous materials, and Tribal cultural resources. The La Verne Planning Commission and City Council approved the IS/MND in November 2019 and January 2020, respectively.
City of La Verne, Damien High School Master Plan Update La Verne, Los Angeles County, California Client: City of La Verne Contact: Lucas Seibert, Community Development Manager (currently with City of Ojai) (805)-646-5581 x113, [email protected] Year Completed: 2019 LSA prepared an IS/MND and technical studies related to architectural history, air quality, greenhouse gas emissions, noise and vibration, and transportation to update the Damien High School Master Plan. The Master Plan buildout is anticipated over a 10-year period and would include the construction of a Student Center, a Chapel, a Science Building, and a Performing Arts Studio totaling approximately 73,000 square feet of new building area within three phases of development on 25.8 acres. Specific issues addressed include historical resources, noise, air quality, traffic, and hazards and hazardous materials. The La Verne Planning Commission and City Council approved the IS/MND in May 2019.
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City of Fontana City of Fontana, Slover-Juniper Industrial Building Project Fontana, San Bernardino County, California Client: City of Fontana Contact: Dawn Rowe, Senior Planner (909) 350-6694, [email protected] Year Completed: Ongoing LSA prepared an IS/MND and technical studies related to architectural history, biological resources and arboriculture, air quality, health risk, greenhouse gas emissions, noise and vibration, and transportation in support of a 41,000 square-foot light industrial warehouse building on 2.07 acres. The proposed warehouse facility is expected to operate 24 hours per day and includes 5,000 square feet of office space across two levels, three freight truck-loading docks, and employee and trailer parking. The project includes a General Plan Amendment from (C-G) Commercial General to (I-L) Light Industrial and Zone Change from General Commercial (C-2) to Light Industrial (M-1). Specific issues addressed include aesthetics, air quality and health risk, biological resources, cultural/architectural resources, hazards and hazardous materials, hydrology and water quality, noise, and transportation. The project was heard by the Fontana Planning Commission on October 6, 2020, and is scheduled for City Council hearing on November 10, 2020.
City of Murrieta City of Murrieta, Pars Global Self-Storage Project Murrieta, Riverside County, California Client: City of Murrieta Contact: Aaron Rintamaki, Associate Planner (951) 461-6079, [email protected] Year Completed: Ongoing LSA prepared an IS/MND and technical studies related to arboriculture for a 114,000-square foot self-storage facility on 5 acres for Pars Global, LLC. The City of Murrieta served as Lead Agency of the project for CEQA compliance. The project included a tree removal permit and annexation of the project site into the Western Municipal Water District, Elsinore Valley Municipal Water District, and Metropolitan Water District of Southern California. Specific issues addressed included aesthetics, air quality, cultural/ biological/paleontological resources, geology and hillside development, greenhouse gas emissions, noise, and transportation. The Murrieta Planning Commission approved the IS/MND in February 2019.
47 December 21, 2020, City Council Meeting Page No. 141
APPENDIX A BUDGET DETAILS
48 December 21, 2020, City Council Meeting Page No. 142
La Verne Residential Development at Fruit Street and Walnut Street
LSA Senior Environmental Environmental Senior Manager Planner/Project Principal Air Gas Quality/Greenhouse QualityAir Specialist Principal Noise Noise Specialist Principal Biologist Biologist/Arborist & Archaeology Principal History Architectural Archaeologist Historian Architectural Transportation Principal Planner Planner Transportation Office Assistant GIS Hours LSA Total Subconsultant Reimbursables 11/30/2020 Principal-in-Charge Processing Editing/Word Task Fee Hourly Rate $295 $120 $220 $145 $220 $160 $185 $130 $200 $125 $150 $195 $115 $115 $85 $145 $ Task 1 Project Initiation 1.1 Project Kick-off Meeting 3 3 $0 $50 $410 1.2 Project Description 6 6 $0 $0 $720 Task 1 Project Initiation Subtotal 0 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9 $0 $50 $1,130 Task 2 Technical Studies 2.1 Biological Resources 2 2 38 4 3 49 $0 $50 $6,495 2.2 Cultural Resources and Architectural History 2 2 40 76 4 4 128 $0 $500 $18,580 2.3 Noise and Vibration Assessment 2 4 54 4 2 66 $0 $100 $10,610 2.4 Transportation Study (VMT and LOS Analyses) 3 32 80 4 4 123 $770 $0 $17,610 2.5 California Emissions Estimator Model (CalEEMod, v2016.3.2) 2 1 22 1 1 27 $0 $0 $3,910 2.6 Peer Review of a Phase I and Phase II ESAs 0 $4,298 $0 $4,298 Task 2 Technical Studies Subtotal 0 11 1 22 4 54 2 38 2 40 76 32 80 17 0 14 393 $5,068 $650 $61,503 Task 3 Initial Study 3.1 Draft Initial Study 4 70 1 1 1 1 1 8 4 91 $0 $200 $11,955 3.2 Mitigation Monitoring and Reporting Program 4 4 $0 $0 $480 Task 3 Initial Study Subtotal 4 74 0 1 0 1 0 1 0 1 0 0 1 8 0 4 95 $0 $200 $12,435 Task 4 Mitigated Negative Declaration 4.1 IS/MND Public Review Materials 1 20 2 3 1 27 $0 $500 $3,825 4.2 Response to Public Comments 2 16 1 1 20 $0 $0 $2,770 4.3 Final IS/MND and Notice of Determination 12 1 13 $0 $200 $1,725 Task 4 Mitigated Negative Declaration Subtotal 3 48 0 0 0 0 0 0 0 0 0 0 0 3 4 2 60 $0 $700 $8,320 Task 5 Project Management and Meetings 5.1 Project Management 52 52 $0 $0 $6,240 5.2 Meetings and Public Hearings 24 24 $0 $0 $2,880 Task 5 Project Management and Meetings Subtotal 0 76 0 0 0 0 0 0 0 0 0 0 0 0 0 0 76 $0 $0 $9,120
Subtotal Labor Hours and Reimbursables 7 218 1 23 4 55 2 39 2 41 76 32 81 28 4 20 633 $5,068 $1,600 $92,508
Total $92,508
49 December 21, 2020, City Council Meeting Page No. 143
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Agenda Report CITY OF LA VERNE Community Seruices
Date: December 21,2020
To: Honorable Mayor and City Council
From Bill Aguirre, Community Services Director
Subject: Resolution No. 20-87 approving the application under The Statewide Parks Development and Community Revitalization Grant Program for the Teen Center
Aqenda Summarv
Evan Brooks and Associates have prepared a grant application for the Statewide Parks Development and Community Revitalization Program for the Teen Center to be submitted in March 2021. The attached resolution must be submitted as part of the application packet. Funding request is for $3,000,000.
Recommendation
Staff is recommending the City Council approve Resolution No. 20-87 for the Statewide Parks Development and Community Revitalization Program grant funds.
Background
The State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Development and Community Revitalization Grant Program, setting up necessary procedures governing the application.
The procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of the application before submission of said application to the State. Successful applicants will enter into a contract with the State of California to complete the grant scope project.
During a special meeting of the Development Review Committee on October 20, 2020, the Committee heard from Project Planner, Maia McCurley, about the Teen Center project. Maia sent out 87 letters to residents of Villa La Verne who live adjacent to the project. There was one public comment received via e-mail and five residents who called
99 December 21, 2020, City Council Meeting Page No. 146 in. The DRC continued the item until the Community Services Department could meet with the residents.
The Department has scheduled a workshop with the residents on December 16, 2020, at 6:00 PM and 86 residents have been notified. Staff will update City Council on the outcome of this meeting prior to the Council meeting on Monday, December 21,2020.
100 December 21, 2020, City Council Meeting Page No. 147
RESOLUTION NO. 20.87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGLES, STATE OF CALIFORNIA, APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNIry REVITALIZATION PROGRAM GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Development and Community Revitalization Grant Program, setting up necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and
WHEREAS, successfulApplicants will enter into a contract with the State of California to complete the Grant Scope project;
NOW, THEREFORE, THE CITY COUNCIL OF THE GITY OF LA VERNE DOES HEREBY RESOLVE AS FOLLOWS:
APPROVES THE FILING OF AN APPLICATION FOR THE LA VERNE TEEN CENTER AND
Section 1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project; and
Section 2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project, and
Section 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and
Section 4. Delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and
Section 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
Session 6. Will consider promoting inclusion per Public Resources Code 580001(bXB A-G)
101 December 21, 2020, City Council Meeting Page No. 148
Section 7. The Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 21st December,2020.
Tim Hepburn, Mayor ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
CERTIFICAT!ON
STATE OF CALTFORNTA ) COUNTY OF LOS ANGELES) SS crrY oF LA VERNE )
l, Lupe Gaeta Estrella, Assistant City Clerk of the City of La Verne, Do HEREBY CERTIFY that Resolution No. 20-87 was duly passed and adopted by the said City Council at a regular meeting of the said Council held on the 21't day of December,2020, and passed and adopted by the following vote:
AYES: NOES: ABSENT: ABSTAINED:
Lupe Gaeta Estrella, Assistant City Clerk
2 Resolution No. 102 December 21, 2020, City Council Meeting Page No. 149
Staff Report CITY OF LA VERNE Police Department
DATE: December 21,2020
TO Mayor and City Council
FROM: Nick Paz, Chief of Police
SUBJECT: Resolution No. 20-88 - Services Agreement with the City of Covina
AGENDA SUMMARY:
ln January of this year, the City Council authorized Resolution 20-05 allowing the Police Departments of Covina and La Verne to share staffing to maintain 24-hour dispatch operations. The attached revised agreement allows for that arrangement to continue on a limited, as needed, basis through December 31,2023.
RECOMMENDATION:
Staff recommends that the City Council approve Resolution No. 20-88, authorizing the City Manager to enter into an agreement between the Cities of La Verne and Covina for emergency dispatch personnel.
BACKGROUND:
Personnel from Covina and La Verne share the same records management and computer-aided dispatch system, enabling dispatchers from both departments to work at eiiher location during a time of need. Both agencies have utilized this resource under the current agreement when staffing levels fall short due to vacations, sick call outs, and training. ln those situations, personnel with the proper dispatching experience must be placed-in the dispatch positions to allow each agency the opportunity to continue to provide quality service to the community and emergency personnel.
The current agreement between both cities has provided a safety net during these unprecedente-d times dealing with COVID-19. Although we have not had a dispatcher(s) infected by the pandemic, each agency is prepared to assist in the event dispatch personnel were needed. Each agency wishes to continue providingdispatch services on an as-needed basis as detailed in the agreement. The combined efforts of each agency's response during the time of need has eased dispatchers' burden from working mlnditory overtime, reducing stress levels, and improving morale'
103 December 21, 2020, City Council Meeting Page No. 150 Agenda Report Resolution No. 00-00 Services Agreement with the City of Covina City Council Meeting December 2'1, 2020 Page 2
FINANCIAL I MPACT:
Under the current agreement, each City agreed to a limited compensation amount of $3O,OOO for dispatch services. The City has spent $5,600, and the City of Covina has spent $6,000 since January 1 , 2020. The funds for these services are already 31 2021 The appropriated in the police department's annual budget through June ' ' revised contract limits the compensation amount for dispatch services to $25,000 annually.
The agreement has been reviewed and approved as to content by the City Attorney
Respectfully submitted by: Administrative Lieutenant Sam Gonzalez
104 December 21, 2020, City Council Meeting Page No. 151
RESOLUTION NO.20-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE' COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING AN AGREEMENT WITH THE CITY OF COVINA FOR SUPPLEMENTAL LAW ENFORCEMENT FUNCTIONS RELATING TO POLICE DISPATCHING SERVICES
BE lT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. That the City Manager of the City of La Verne is hereby authorized to execute an Agreement with the City of Covina for supplemental law enforcement functions relating to Police dispatching services, said Agreement being in the form attached hereto and made a part hereof by reference as though the same were set forth in full herein.
Section 2. The Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
APPRoVED AND ADOPTED this 21"t day of December, 2020.
Tim Hepburn, Mayor ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
CERTIFICATION
the I hereby certify that the foregoing Resolution No. 20-88,.was duly and- regularly adopted by City Councit oi tne City of Li Veine at a meeting thereof held on the 21rr day of December, 2020, by the following vote.
AYES: NOES: ABSENT: ABSTAIN:
Lupe Gaeta Estrella, Assistant City Clerk
105 December 21, 2020, City Council Meeting Page No. 152
AGREEMENT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVIGES (Parties: City of Covina and City of La Verne)
This Agreement for Supplemental Law Enforcement Services ('Agreement"), entered into this 1st day of January 2021 ("Execution Date"), by and between the City of Covina, a California municipal corporation ("Covina") and the City of La Verne, a California municipal corporation ("La Verne"), is made with reference to the following:
RECITALS
WHEREAS, La Verne is desirous of contracting with Covina for the performance of supplemental law enforcement functions relating to police dispatching services ("Police Dispatch"), and
WHEREAS, Covina is desirous of contracting with La Verne for the performance of supplemental law enforcement functions relating to police dispatching services ("Police Dispatch"), and
WHEREAS, La Verne is agreeable to rendering such serviceS on the terms and conditions set forth in this Agreement, and
WHEREAS, Covina is agreeable to rendering such services on the terms and conditions set forth in this Agreement, and
NOW THEREFORE, in consideration of mutual covenants contained herein, and for good and valuable consideration, the parties mutually agree as follows: '|.. Term. The term of this Agreement shall be from the Effective Date through December 31, 2021 , unless sooner terminated as provided in Section 12 of this Agreement. The Parties may, upon mutual agreement, extend the contract for two (2) additional one-year terms' ln no event shall the contract be extended beyond December 31 ,2023.
2. Scope ofServices. 2.1 La Verne agrees, through its Police Department, to provide supplemental law enforcement services to Covina for Police Dispatch as requested by Covina. The supplemental Police Dispatch law enforcement services provided by La Verne to Covina snait Ue subject to availability as determined by La Verne in it sole and absolute discretion. Covina acknowledges, understands and agrees that La Verne may decline to provide suppfementaf law e-nfoicement services for Police Dispatch based.on such. determinations of aviiiablfity. Covina shall notify La Verne of its anticipated supplemental law enforcement n."Oi toi police Dispatch at ieast twenty-four (24) hours prior to the date of the Police I Resolution No. 20-88 106 December 21, 2020, City Council Meeting Page No. 153
Dispatch need. Thereafter, La Verne will notify Covina indicating the amount of supplemental law enforcement services La Verne will provide for Police Dispatch along with any'other parameters established by the La Verne Chief of Police. La Verne shall be under no-obligation to consider requests for services that have not been requested by Covina in a timely manner. Notices provided by La Verne indicating the type and amount of supplemental services that will be provided by La Verne for Police Dispatch must be authorized by the Chief of Police in order to be valid and binding on La Verne.
2.1a Covina agrees, through its Police Department, to provide supplemental law enforcement services io La Verne for Police Dispatch as requested by La Verne. The supplemental Police Dispatch law enforcement services provided by Covina.lo La Verne snbit Ue subject to availability as determined by Covina in it sole and absolute discretion. La Verne acknowledges, understands and agrees that Covina may decline to provide supplemental law 5nforcement services for Police Dispatch based on such determinations of La Verne shall notify Covina in writing-of its anticipated supplemental law enforcemlnt"rlitrOitity. needs for Police Dispitch at least twenty-four (24) hours prior to the date of the type Fotice Oispatch need. Thereafter, Covina will notify La Verne indicating the amount and oi.rppf"rii"nt"l law enforcement services Covina will prwide for P-olice Dispatch along with ,ny dti.r"r parameters established by the Covina.Chief of Police. Covina shall be under no Verne in a obiigation io consider requests for services that have not been requested by La timeiy manner. Notices provided by Covina indicating the type and amount of supplemental ."ril". tn"t will be provided by Covina for Police Dispatch must be authorized by the Chief of Police in order to be valid and binding on Covina'
2.2 Covina hereby grants to La Verne and its personnel the.right to transmit and Covina Police broadcast communications'tJ tne Covina Police Department's units via the o"partm"nt,r primary dispatch frequency and/or any other law enforcement frequency for wnicn Covina ii ticenied by the Federal Communications Commission.
2.2a La Verne hereby grants to covina and its personnel the right 1o transmit and via La Verne Police broadcast communications io i6E La Verne Police Department's units the b"prrtr"ntt primary dispatch frequency and/or any other law enforcement frequency for ;hi;h i; Verne is tic6nsed by the Federal Communications Commission. 2.g Under no circumstances shall La Verne's inability or failure to provide or other incident supplemental law enforcement services because of an emergency, disaster, constitute a breach of this Agreement' 2.3a Under no circumstances shall Covina's inability or failure to Provide or other incident supplemental law enforcement services because of an emergency' disaster, constitute a breach of this Agreement. 2.4LaVerneshallfurnishandsupplyallnecessarylabor,personnel,equipment, for Police and supplies necessary to proviOe suppt'eh-entat law enforcement services Oi.p"t.iiing. Notwithstlndini tn" tor"i6ing, the performed by.La Verne, the .services the performance Ji.Jiprin" if La Verne commuiication oricers, and other matters incident to Verne and including tne contior-orpersonnei so-employed shall.remain with La procedures' "i..irl*r,rn"ri u" performed p-ursuant to La Verne's Police Department's policies and 2 Resolution No. 20-88 107 December 21, 2020, City Council Meeting Page No. 154
2.4a Covina shall furnish and supply all necessary labor, personnel, equipment, and supplies necessary to provide supplemental law enforcement services for Police Dispatching. ttotwitnstanding the foregoing, the services performed by Covina, the discipline of Covina communication officers, and other matters incident to the performance of services, including the control of personnel so employed shall remain with Covina and shall be performed pursuant to Covina's Police Department's policies and procedures.
2.5 All services shall be performed to the satisfaction of Covina'
2.5a All seryices shall be performed to the satisfaction of La Verne'
a
The classification, approximate numbers of personnel and number of hours shall be jgreeO determined and mutually up by the Parties prior to the provision of the requested supplemental law enforcement services.
4. il
covina will compensate La Verne for the services performed in an amount not to exceed Twenty-Five Thousand Dollars ($25,OOO'OO) per year, and at the billing rate set forth below:
Communications Officer - $55.00 per hour
La Verne will compensate cOvina for the services performed in. an amount not to forth exceed iwenty-Five Thousand Dollars ($25,OOO.OO) per year, and at the billing rate set below:
Communications Officer - $55.00 per hour 5. Administration of Personnel.
covina shall not be liable or legally responsible for the direct payment to any of La -ot performed Verne,s personnel tor sataiies, *196., other. compensation. for services personnel personal pursuant'to-in"rraing this Agreement or ior ariy claims made by La Veme's .for 6ut not limited to Workers' Compensation claims or benefits, arising in inJriii., who with iervices renAJreU pursuant to this Agreement. All.La Verne employees "6nn".iion with Corin, prtsu"nt to this Agieement shall remain employees of La ;;;k;;;rir;ction prolection, salary, or verne and shall not have any claim or right to employment, civil service Verne employees b;.;fl6 oi claims of any rinci trom Covini based on this Agreement. No La shall become emPloYees of Covina' LaVerneshallnotbeliableorlegallyresponsibleforthedirectpaymenttoanyof for services performed Covinab personnel tor rJ"ri"., *ag.sl oi otnbr .compensation pror""t io this Agreem"ni oi iot a-nv claims-made by.Covin-a-t p::t:i5l,l"tJ:^::"fl ln i.Jr;i";, including iut not limited to Workers' Compensation claims or benelits' arlslng
3 Resolution No. 20-88 108 December 21, 2020, City Council Meeting Page No. 155 connection with services rendered pursuant to this Agreement. All Covina employees who work in conjunction with La Verne pursuant to this Agreement shall remain employees of Covina and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from La Verne based on this Agreement. No Covina employees shall become employees of La Verne. 6. lndemnification.
7.1 Covina lndemnification and Hold Harmless
To the fullest extent permitted by law, Covina shall indemnify, defend, and hold harmless La Verne, its governing body, its elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the Covina's acts and/or omissions arising from and/or relating to this Agreement.
7.2 La Verne lndemnification and Hold Harmless
To the fullest extent permitted by law, La Verne shall indemnify, defend, and hold harmless Covina, its governing body, its elected and appointed officers, employees, and agents from and against any and all liability, including but.not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with La Verne's acts and/or omissions arising from and/or relating to this Agreement.
7.3 Limitation
The lndemnification and Hold Harmless provisions above shall be limited in duration to the Term of this Agreement. However, each entity's obligation to indemnify, defend, and hold harmless shall apply to any and all injuries,.losses, or damages which occur or accrue during the date(s) of service provided for Police Diipatch, but which are reported after this Agreement's ending date'
7 , lnvoices.
within fofi-five (45) calendar days from each scheduled Police Dispatch event, La Verne will deliveito Covini an invoice for the Services and Covina will pay any undisputed invoice and amount *itnin tnirty (30) calendar days from the date La Verne's invoice' The payment shatt er"h b" delivered pursuant to the Notice requirements in Section I'
Within forty-five (45) calendar days from each scheduled Police Dispatch event' pay Covina will deliver to La Verne an invoice for the Services and La Verne will any ,rUi.prt"a amount within thirty (30) calendar days from the date Covina's invoice' The inroi":" payment shall each be delivered pursuant to the Notice requirements in Section 8. "nO
4 Resolution No. 20-88 109 December 21, 2020, City Council Meeting Page No. 156
8. Notice.
All notices, invoices, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third businesJ day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
All notices, demands, requests or approvals to the Covina City of Covina Police DePartment Attention: Capt. Ric Walczak 444 N. Citrus Avenue Covina, California 91723
All notices, demands, requests or approvals to the La Verne: City of La Verne Police DePartment Attention: Lt. Sam Gonzalez 2061 Third St. La Verne, CA 91750
9. lntegrated Contract.
This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the prolisions of this Agreement. This Agreement may be modified only by written agreement signed by La Verne and Covina, and approved as to form by the City Attorneys for both cities.
10. lnsurance.
Each party agrees to either self-insure in an amount not less than specified below or insure against a4irg"r or injuries which may arise from the activities contemplated by this AgreemJnt by purch-asing and maintaining for the term of this Agreement a commercial gJneral liabiliiy inrurrn.ipolicy, and automobile policy, both with a.combined single limit of not less than two million d'ollari ($2,ooo,oo0), which policy shall include or be endorsed to of include the other party as an adbitional insured. The Parties agree to provide ev.idence such insurance upon iequest. Each party shall also carry Worker's Compensation lnsurance for its own employees as required by law.
11. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any Agreement. subsequent breach of the same or any other term, covenant, or condition of this 12. Default and Termination.
13.1 Failure to Perform
5 Resolution No. 20-88 110 December 21, 2020, City Council Meeting Page No. 157
lf La Verne fails or refuses to perform any of the provisions of this Agreement, Covina may immediately terminate this Agreement by written notice to La Verne.
lf Covina fails or refuses to perform any of the provisions of this Agreement, La Verne may immediately terminate this Agreement by written notice to Covina.
13.2 Option to Terminate for Convenience
A Party to this Agreement may, at its sole discretion and without cause, terminate this Agreement for convenience by giving ten (10) calendar days' prior written notice to the other Party. Upon termination of this Agreement, Covina will pay La Verne any compensation earned and unpaid up to the effective date of termination'
Equally, upon termination of this Agreement, La Verne will pay Covina any compensation earned and unpaid up to the effective date of termination.
13. Governing Law.
This Agreement will be interpreted and governed according to the laws of the State of California.
14. Venue and Jurisdiction.
La Verne and Covina agree that the Services will take place in Los Angeles County. Any litigation arising out of thii Agreement may only be brought in either the United States Oistrict-Court, Cential District of Cllifornia, or the Superior Court of California, County of Los Angeles, as appropriate. The parties agree that venue exists in either court, and each party exf,ressly waives any right to iransfer to another venue. The parties further agree that either court wilihave personaljurisdiction over the parties to this Agreement. 16. Survival of Provisions and Obligations' Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligatioi that accrued prior to termination of this Agreement will survive termination of this Agreement.
(SIGNATURES ON NEXT PAGE)
6 Resolution No. 20-88 111 December 21, 2020, City Council Meeting Page No. 158
This Agreement may be signed in counterparts by each party.
CITY OF LA VERNE, a Municipal Corporation
By Bob Russi City Manager
Date
APPROVEDAS TO FORM:
By: Robert L. Kress City Attorney
CITY OF COVINA, a Municipal Corporation
By: Chris Marcarello City Manager
Date
APPROVED AS TO FORM:
By: Candice Lee City Attorney, CitY of Covina
7 Resolution No. 20-88 112 December 21, 2020, City Council Meeting Page No. 159
Agenda Report CITY OF LA VERNE City Attorney's Office
DATE: December 21,2020
TO: Honorable Mayor and City Council
FROM: Robert L. Kress, City AttorneY
SUBJECT: Reaffirming Local Emergency
AGENDA SUMMARY:
Pursuant to Government Code 8630, the City Council must "review the need for continuing the Iocal emergency at least every 60 days until the governing body terminatei the emergency." The Council is asked to reaffirm the ongoing need for the local emergency that has been declared and reaffirmed by the Council.
RECOM NDATION:
Staff is recommending that the City Council adopt Resolution No. 20-89, reaffirming the ongoing need for the local emergency declared by Resolution No' 20-17.
BACKGROUND:
On March 16,2020, the La Verne City Council ratified the Director of Emergency Services' declaration of a local emergency by adopting Resolution No. 20-17. The continuing need for the local emergency has previously been affirmed by the Council.
Efforts to stop the spread of the pandemic continue at the national, state and county levels. The conditions that required the declaration of a local emergency continue to exist as of this date.
113 December 21, 2020, City Council Meeting Page No. 160
RESOLUTTON NO.20-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA REAFFIRMING THE ONGOING NEED FOR THE LOCAL EMERGENCY INITIALLY DECLARED ON MARCH 16,2020
WHEREAS, on March 16,2020, the City Council adopted Resolution No. 20-'17' declaring the existence of a local emergency due to the Covid-'l9 pandemic; and
WHEREAS, On May 4, 2020, the City Council adopted Resolution No, 20-32' reaffirming the ongoing need for local emergency declared on March 16, 2020; and
WHEREAS, on July 20, 2020, the City Council adopted Resolution No. 20-58' reaffirming the ongoing need for the local emergency declared on March 16, 2020; and
WHEREAS, on September 8,2020, the City Council adopted Resolution No.20- 72, realfirming the ongoing need for the local emergency declared on March 16' 2020, and
WHEREAS, on November 2,2020, the City Council adopted Resolution No.20- 80, reaffirming the ongoing need for the local emergency declared on March 16' 2020, and
WHEREAS, the reasons for declaring the local emergency still exist,
NOW, THEREFORE, BE lT RESOLVED, by the City Council of the City of La Verne, State of California as follows:
section 1. The Council reaffirms the ongoing need for the local emergency declared by Resolution No.20-17 adopted on March 16,2020.
Section 2. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 21st day of December, 2020'
Tim Hepburn, Mayor ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
114 December 21, 2020, City Council Meeting Page No. 161
Agenda Report CITY OF LA VERNE Public Works Department
DATE: December 21,2020
TO Honorable Mayor and City Council
FROM: Daniel W. Keesey, Director of Public Works
SUBJEGT: Resolution No. 20-90 - Authority for Cal Recycle Grants
SUMMARY
The California Department of Resources, Recycling and Recovery (Cal Recycle) requires a resolution authorizing the submission of grant applications and designated authority. This resolution authorizes the Director of Public Works or his/her designee to submit grant applications and to administer other functions related to the California Department of Resources, Recycling and Recovery recycling programs and grants.
RECOMMENDATION
Staff recommends that the City Council approve Resolution No. 20-90 designating the Director of Public Works as the authorized administrator for the California Department of Resources, Recycling and Recovery Grant Program and approving the submission of such applications.
BACKGROUND
The California Department of Resources, Recycling and Recovery, has allocated up to $1.5 million in grant funding to cities, counties, special districts, public schools, non-profit organizations, qualifying lndian Tribes, and Joint Power Authorities for programs that pr5mote increased rilcytting throughout California and reduce specific types of litter in the waste stream.
The funds from this program allow the Public Works Department to purchase various products to enhance recycling activity, For example, the Beverage Container grant will allow City staff to purchase and instali recycle bins and water refill stations for parks and City facilities.
Respectfully Submitted bY, ttM,;D Lisa O'Brien Senior Management AnalYst
115 December 21, 2020, City Council Meeting Page No. 162
RESOLUTTON NO. 20-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE' COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE SUBMITTAL OF APPLICATIONS TO THE CALIFORNIA DEPARTMENT OF RESOURCES, RECYCLING AND RECOVERY FOR GRANT PROGRAITTS
WHEREAS, pursuant to Public Resources Code S 14581(aX4) the Department of Resources Recycling and Recovery (CalRecycle), has established the Beverage Container Recycling Grani program to make grants available to qualifying jurisdictions for implLmentation of their beverage container recycling program; and
wHEREAS, in furtherance of this authority calRecycle is required to establish procedures governing the administration of the Beverage container Recycling Grant Program; and
WHEREAS, CalRecycle's procedures for administering the Beverage Container Recycling Grant Program require, among other things, an applicant's governing body to declare b=y resolution certain authorizations related to the administration of the Beverage Container Recycling Grant Program; and
NOW, THEREFORE, BE lT RESOLVED by the City Council of the Citv of La Verne as follows:
Section 1. That the City Council HEREBY AUTHORIZES the submittal of a Beverage Container Recycling Grant Program application to CalRecycle'
Section 2. That the Public Works Oirector, or a designee, is HEREBY AUTHORIZED and EMPOWERED to execute in the name of the city of La Verne all necessary applications contracts, payment requests, agreements and amendments hereto foi the purposes of securing Beverage Container Recycling Grant Program funds and to implement and carry out the purposes specified in the Beverage Container Recycling Grant Program application.
Section 3. That this authorization is effective for five (5) years' beginning, December 21, 2020.
section 4. That the Mayor shall sign and the Assistant city clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 2lst of December' 2020'
Tim Hepburn, Mayor
ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
116 December 21, 2020, City Council Meeting Page No. 163
o CITY OF LA VERNE City Manager's Office
December 21,2020
TO Honorable Mayor and CitY Council
FROM: JR Ranells, Assistant to the City VanaSer// sUBJECT: Resolution No.20-91 Approving class specifications and salaries for Community Services Manager, Community Services Coordinator, and Community Services Specialist As Well As Authorizing Requested Position Changes s
As a result of the approaching retirement of Community Services Director Bill Aguirre, staff has been evaluating ways to ieorganize classifications and functions within the department to operate more effiiienily. ln ordLr to facilitate the desired efficiencies, staff is recommending approval of community services job classifications and establishing associated sal-aries as well as authoriiing requested position changes. ln accordance with the city,s personnel rules and regulations, such changes require formal city council approval.
staff recommends that the city council adopt Resolution No. 20-91 approving class specifications and salaries for community services Manager, community services ioordinator, and Community Services Specialist as well as authorizing position changes.
The City is experiencing a change in personnel creating an opportunity for a-reorganization in tne corirmuniiv Servicel Departhent. As is the case with such change, staff has completed job the appropriate. structure and a review ofthe workload and -adequatelyspecifications to determine classificafion level needed to meet existing demands as well as improve efficiencies within the organization's structure. The proposed changes will allowthe City to incorporate additional positions to better support operations and provide for employee succession planning.
Staff is recommending the addition of a classification for Community Services Manager and community services specialist while updating Recreation coordinator to a community S"ri."r ioordinator. The job descriptions aie attached for reference. The addition of new classifications requires the City Council to approve a respective salary range for each position.
The proposed community Services Manager position would report to-the city Manag-er.and and t glh"irf oversight of Community Services. With the evolution of the recreation field "r"
117 December 21, 2020, City Council Meeting Page No. 164 Community Services Agenda RePort December 21, 2020 Page 2 community needs, it is believed a manager is a more appropriate position levelthan a director aithis time. The salary for this position is being established at the level as other managers in the organization (i.e. Public Works Manager). An open and competitive recruitment for this position is anticipated to begin sometime around the New Year.
The City Council has previously established a classification for Community Services Supervisor but the position is not currently filled or authorized. Part of staff's recommendation is to authorize the filling of a Community Services Supervisor position to be Manager position as well as perform responsible for supporting the community services - some of the duties previously handled by the director. The City is fortunate to have qualified individuals in the departmeni and hopes to fill the position in short order via an internal recruitment if the change is approved by the City Council.
The community services coordinator is nearly identical to the cunent Recreation Coordinator position and is cunently filled by two employees. However, the requested action will update the classification to current needs while recognizing and separating the distinction between the full-time and part-time classifications. The salary level will be the same as the current Recreation Coordinator.
The City has a part-time Recreation Specialist position with duties similar to those planned for the 6ommunity Services Specialist. However, the Recreation Specialist is exclusively a part{ime position and the addition of a full-time position is part of the overall department level of work needed to successfully provide community programs. strategy to support'be the fne siiary wiil representative of a full-time schedule working a 36 hour work week with the top step amount being 5% less than the beginning step for community services Coordinator to allow for promotional opportunities and succession planning'
Lastly, staffs recommendation is to remove the Community Services Director as well as one to the lty til-time Recreation Coordinator position from the current authorization allocated bommunity Services Department's budget and replace them with a Community Services Manager, a Community Services Supervisor, and a Community Services Specialist. All other authorized positions will remain the same.
It is important to note that as a result of these changes, the net effect will not negatively impact the General Fund and will remain in line with this year's approved budget appropriations.
Attachments: Resolution No. 20-91 Community Services Manager Job Description Community Services Coordinator Job Description Community Services Specialist Job Description
118 December 21, 2020, City Council Meeting Page No. 165
RESOLUTTON NO.20-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE' COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CLASS SPECIFICATIONS AND SALARIES FOR COMMUNITY SERVICES MANAGER, COMMUNITY SERVICES COORDINATOR, AND COMi'IUNITY SERVICES SPECIALIST AS WELL AS AUTHORIZING REQUESTED POSITION CHANGES
BE lT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. The class specification for Community Services Manager attached hereto and hereby incorporated herein, is adopted.
Section 2, The class specification for Community Services Coordinator attached hereto and hereby incorporated herein, is adopted.
Section 3. The class specification for Community Services Specialist attached hereto and hereby incorporated herein, is adopted.
Section 4. Resolution 20-83 pertaining to the salaries of full-time employees is hereby amended as follows effective January 3,2021:
Stepl=$100,097 Step2=$105,102 Step3=$l 10,358 Step4=$115,876 Step5=$12'1,669
Ft!
Stepl=$46,584 Step2=$48,913 Step3=$51,358 Step4=$53,927 Step5=$56,623
Step'l=$36,499 Step2=$38,324 Step3=$40,240 9lep4=$42,252 Step5=$44,365
Section 5. Authorized positions for the Community Services Department budget for the 2020 - 2021 Fiscal Year will be adjusted as follows:
o Remove Community Services Director in its entirety r Remove one (1) Recreation Coordinator position . Add one (1 ) Community Services Manager . Add one (1) Community Services Supervisor . Add one (1) Community Services Specialist
Section 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 2lst of December, 2020.
119 December 21, 2020, City Council Meeting Page No. 166
Mayor Tim Hepburn ATTEST:
Lupe Estrella, Assistant City Clerk
I hereby certify that the foregoing Resolution No. 20'91 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 21"t day of December,2020, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Lupe Estrella, Assistant City Clerk
RESO. NO. 2 120 December 21, 2020, City Council Meeting Page No. 167
CIry OF I.A VERNE
COMMUNITY SERVICES MANAGER
DEFI ITION
To plan, develop and administer year round comprehensive recreation and human services programs for all age groups in the community and to provide technical staff assistance.
SUPE SION RECE D AND SED
General direction is provided by the City Manager or designee.
Responsibilities include direct and indirect supervision of full-time, part-time, and seasonal employees.
EXAMPLE OF DUTIES - Depending upon assignment, duties may include, but are not limited to, the following:
Answer inquiries from the public and staff, both in person and over the phone, providing planning information and explaining procedures'
Supervise, train, evaluate, motivate and discipline subordinate staff providing technical guidance in recreation programs.
Oversee and participate in preparing agenda materials for the City Council and related committees.
plan, direct and coordinate the preparation of recreation programs, services and activities ensuring relevance, safety and compliance with legal requirements.
Analyze effectiveness and efficiency of programs, services and activities and recommend and implement changes/modifications.
participate in the development, revision and implementation of department goals, objectives, policies and procedures.
prepare and administer recreation budgets including. revenue and expenditure forecasts and staffing and equipmenUmaterials needs'
121 December 21, 2020, City Council Meeting Page No. 168 City of La Verne Community Services Manager Page 2 ol 4
Assist the City Manager with special projects including but not limited to public information, homeless issues, grant administration, analysis, and Master Planning.
Develop and manage Lease Agreements, lnstructor Contracts, Performer Agreements, Service Agreements and related legal documents.
Manage facility maintenance.
Coordinate programs, services and activities with outside agencies; represent the city and department at community and professional organization meetings and events.
Perform related duties as assigned.
QUALIFICATIONS
Knowledge of:
Standard office procedures, methods and computer equipment.
Principles and practices of recreation service delivery.
Principles and practices of employee supervision, training, evaluation motivation and discipline.
Principles and practices of budget development and administration.
Principles and practices of contract and grant administration.
Applicable Federal, State and local laws, codes and regulations.
Techniques used in dealing with the public and customer service.
Abilitv to:
Operate office equipment including computers, copying machines and phone systems.
lndependently analyze effectiveness of programs, services and activities.
Plan, organize, review the work of and train and supervise subordinate staff.
122 December 21, 2020, City Council Meeting Page No. 169 City of La Verne Community Services Manager Page 3 of 4
Respond to questions from the public and staff.
lndependently interpret and apply policies, procedures, laws, codes and regulations pertaining to recreation services.
lndependently research and analyze problems, identify solutions, project impacts of proposed actions and implement recommendations.
Research, collect, compile and analyze information and data and organize work to meet schedules and timelines.
Communicate clearly both orally and in writing
Perform duties of an emergency worker in the event of a natural or other disaster.
EDUCATION AND EXPERIENCE
Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be:
Experience:
At least four (4) years of full-time experience in the recreation field including two (2) years in a supervisory capacity.
Education:
Bachelor's degree in recreation, public administration, physical education or a closely related discipline.
License or Certificates:
Possession of, or ability to obtain, an appropriate, valid California Driver's License.
ESSENTIAL JOB FUNCT]ONS'A.D.A,
Ability to operate computer, calculator, telephone, portable radio, copying machine and cash register
Ability to understand and respond to the public's and staffs requests for assistance both on the phone and in person
123 December 21, 2020, City Council Meeting Page No. 170 City of La Verne Community Services Manager Page 4 of 4
Ability to prepare reports, perform mathematical calculations' count money and sorufile documents
Ability to sit for two hours at a time
Ability to lift up to 25 Pounds
Ability to climb a footstool or ladder for the purposes of retrieving records
Ability to get from one location to another in the course of doing business
124 December 21, 2020, City Council Meeting Page No. 171
CITY OF IA VERNE
COMMUNITY SERVICES COORDINATOR
DEFINITION
Under general supervision, this fulltime position leads part-time and voluntary recreational staff; assists in the planning, scheduling, promotion, and supervision of recreation activities; and performs related duties as required.
SUPERVISION RECE D AND EXCE ISED
The City Manager or designee provides general direction
EXAMPLES OF DUTIES _ Depending on assignment, duties may include, but are not limited to, the following:
Assists in planning, organizing, promoting, and supervising recreation activities; including special events, youth and adult sports.
Schedules, hires, trains, supervises, and assists in evaluating part-time staff and volunteers.
Purchases and maintains supplies for the City's recreation programs.
Creates flyers to promote recreation programs and special events and certificates for sports programs.
Prepares League schedules for youth and adult sports programs'
Drafts press releases and prepares public information regarding the City's recreation program.
Evaluates recreation programs and generates ideas for new programs.
Maintains activity records and prepares special reports and correspondence.
Schedules facilities, updates related calendars and logs, and completes appropriate permits for recreation programs and special events.
May collect monies at special events'
125 December 21, 2020, City Council Meeting Page No. 172 City of La Verne Community Services Coordinalor Page 2 ol3
May respond to inquiries by customers by phone or in-person.
Acts as liaison to various private, non-profit, service, school district, and community organizations.
Responds to emergency situations as required.
Assists in the preparation and monitoring of program budgets.
Perform related duties as assigned. aUALIFICATIONS
Knowl qe of:
Basic theories, principles, and practices in the field of recreation; employee scheduling practices; youth and adult sport leagues and touinament scheduling procedures: rules of play for youth and adult softball, basketball, soccer, and track; accounting and purchasing practices; research and report writing methods and.techniques; basic project management skills; local government organization and the iunttions andpractices of a municipal recreation unit; basic principals of employee supervision and training; safe work practices.
HYSIC ACTIVITI U REME
Physical activities may include, but are not limited to, standing, stooping, leaning, OenOing, twisting, grasping, walking, repetitive typing, speaking, hearing, seeing, and carrying heavy equipment and supplies.
EXPERIENCE AND EDUCATION provide Any combination equivalent to experience.and educ-ation that could likely inJ r"quioO knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be:
Education:
Equivalent to a high school graduation plus an Asso.ciates of Arts degree in recreation, business administration, public Administration, or a closely related field.
126 December 21, 2020, City Council Meeting Page No. 173 City of La Verne Community Services Coordinator Page 3 of 3
Experience:
Two (2) years work experience in the field of recreation or community service programs, preferably with a local governmental agency'
License:
Possession of an appropriate valid California driver's license is required.
Ability to operate computer, calculator, telephone and portable radio'
Ability to understand and respond to the public's and staffs requests for assistance both on the phone and in person.
Ability to prepare detailed narrative reports, perform numerical analyses and sorVfile documents.
Ability to sit for up to two hours at a time.
Ability to lift up to 50 Pounds.
Ability to get from one location to another in the course of doing business'
Ability to make oral presentations.
127 December 21, 2020, City Council Meeting Page No. 174
CITY OF LAVERNE
COMMUNITY SERVICES SPECIALIST
II
Under general supervision, performs a wide variety of duties related to the organiz;tion, cooidination and supervision of a major function, activity or phase of-a community services Department program and performs related work as required.
D
Direction is provided by the Community Services Manager.
EXAMPLEOFDUTIES-Dependinguponassignment,dutiesmayinclude,but are not limited to, the following: organizes, coordinates and monitors activities and performs a variety of duties rellted to bty facilities, recreation, events, arts, senior, pre-school, and after school programs. camps. Plans, organizes and facilitates programs at city facilities, parks, and day
Acts as a liaison between Community Services staff and the public' city Participates in professional meetings, in-service training, and represents the to the communitY.
Researches program needs and makes recommendations for new/revised programs. opens and secures facilities for special and regularly occurring activities and programs; monitors facility/site usage as needed' Department Provides information to the public regarding Community Services activities and events.
Promotes the safety of all program participants'
Workswithcommunityorganizationstogenerateinterestindepartment programs.
128 December 21, 2020, City Council Meeting Page No. 175 City of La Verne Community Services Specialist Page 2 ol 4
operates a personal computer and uses applicable software to maintain records, prepare reports and draft flyers and program calendars.
Participates in communitywide events; sets up and breaks down event equipment.
Lifts and moves a variety of equipment and supplies related to area assigned weighing 50 pounds or less and uses basic hand tools.
Perform related duties as assigned.
Knowledqe of:
Community Services program content, organization, policies and procedures related to area assigned.
Community organizations and resources related to areas assigned.
Customer service techniques.
Principles and techniques of planning group activities related to area assigned.
English usage and grammar.
Principles and techniques of monitoring and inspecting group activities'
specialized functions of the area assigned and related safety precautions.
Abilitv to:
organize, coordinate and perform a variety of duties related to city facilities, recreation, senior, arts, and education programs.
Lead and train subordinate staff. program study and analyze community needs and recommend new programs or adaptation to meet those needs.
Meet the public with courtesy and tact.
129 December 21, 2020, City Council Meeting Page No. 176 City of La Verne Community Services Specialist Page 3 of 4
Communicate effectively orally and in writing.
Understand and carry out oral and written instruction and use judgment and initiative.
Operate a personal computer and use applicable software.
Learn, understand and apply applicable policies and procedures'
Establish and maintain effective relationships with those contacted in the course of work.
Read and write at the level required for successful job performance'
Work in an office setting as well as outdoors during inclement weather conditions.
work flexible days and hours to accommodate city needs to include weekends, evenings, holidaYs, and overtime.
n
provide Any combination equivalent to experience and educ-ation that could likely ifre requirea knowledge and abilities would be qualifying' A typical way to obtain the knowledge and abilities would be:
Experience:
Two(2)yearsofperformingresponsiblecommunityservices,recreational, physical education or related duties'
Education: coursework in Graduation from high school plus college level or specialty level recreation, physical education, art, or a related field'
Driver's Possession of, or ability to obtain, an appropriate, valid California License
portable radio' Ability to operate computer, calculator, telephone and
130 December 21, 2020, City Council Meeting Page No. 177 City of La Verne Community Services Specialist Page 4 of 4
Ability to understand and respond to the public's and staffls requests for assistance both on the phone and in person.
Ability to prepare detailed narrative reports, perform numerical analyses and sortffile documents.
Ability to sit for up to two hours at a time.
Ability to lift up to 50 Pounds.
Ability to get from one location to another in the course of doing business'
Ability to make oral presentations.
131 December 21, 2020, City Council Meeting Page No. 178
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132 December 21, 2020, City Council Meeting Page No. 179
Agenda Report CITY OF LA VERNE Co m m u n ity D evel o p ment Departme nt
DATE: December 21 , 2020
TO: Honorable Mayor and City Council
FROM: Eric Scherer, AICP, Community Development Director
SUBJECT: Resolution No. 20-92 - Adoption of a resolution authorizing execution of a Disposition and Development Agreement with Brandywine Acquisitions Group, LLC
AGENDA UMMARY
Brandywine Homes has proposed a new residential development at 3717 Fruit Street (APN 8666-017-028). Approval of the entitlements for the proposed project will be conditioned with a requirement to proviOe affordable housing units. The proposed Disposition and Development Agieement addiesses the terms of fulfilling the City's affordable housing requirements for the pr-oposed project at 3717 Fruit Street, and more specifically, allows the conveyance of City- bwneO prdpeity on Watnut Street (APN 8378-007-907, 8378-007-908, and 8378-007-909) to Brandywine Homes for the development of the required affordable housing units'
RECO MMENDATION
Staff recommends that the City Council adopt Resolution No. 20-92 to authorize execution of a Disposition and Development Agreement with Brandywine Acquisitions Group, LLC (Attachment A).
BACKGROUND
A Disposition and Development Agreement is a contract between a developer and a City that invotuLs the sale of Ciiy-owned land to the developer. The proposed Disposition and Devetopment Agreement between the City and Brandywine Acquisitions Group, LLC, will allow tor the sale of rjsidentially zoned City-owned parcels to Brandywine Homes in exchange for the development of for-sale, affordable housing units on the same property'
Citv-Owned Walnut Street ProDerties
The City currently owns three (3) vacant and contiguous parcels located on Walnut Street within 0.702 tt"re Wa[nut Streei Specific Plan area. Collectively ihe three (3) p91c9!.are approximately ir,i parcet located at 1874 Walnut Street (APN 8378-007-907) was purchased by the and La""r".. Verne Redevelopment Agency in May 2008, and the two (2) parcels located at 1876 iAza watnut Street (APN a5za-doz-goa-and 8378-007-909) were purchased by.the La Verne nlolveropment Agency in August 2009. ln total, approximately $575,000 from. the-city's Low and Moderate lncjme [{ousin{ Fund was utilized to acquire the three (3) parcels. Monies from
133 December 21, 2020, City Council Meeting Page No. 180 Brandywine DDA December 21,2020 Page2 the Low and Moderate tncome Housing Fund can only be utilized for affordable housing related purposes, and these properties were acquired with the intent of developing affordable housing' With the dissolution of the La Verne Redevelopment Agency in 2012, the City elected to become the Successor Agency and in October 2012, the Successor Agency adopted Resolution No. 007 directing the trinsfer of housing assets, including the three (3) vacant parcels on Walnut Street, to the City. Since the properties were acquired, the City at different times has entertained various proposals for the development of the site. Though none of these proposals ever came to fruition, the City, at the direction of the City Council, had expressed to potential developers a willingness to convey the property at little to no-cost in exchange for the development of affordable housing units.
Development of Affordable Housinq
The City's adopted Housing Element, which is a mandatory component of the state-mandated Generai Plan, is a housing plan that establishes housing goals, policies, and programs to meet the City's housing needs. The development of affordable housing aligns with several of these goals, policies, and programs. Moreover, the development of affordable housing is consistent witn tne City's obligation! to accommodate its fair share of the Southern California Association of Governments (SCAG) Regional Housing Needs Assessment (RHNA) housing unit targets for varying income-levels. As such, the development of affordable housing is a priority of the City. Seition 16.34.080 of the La Verne Municipal Code affirms this priority by requiring the provision of a proportional amount of affordable housing with the construction of all new housing subdivisions.
To be considered affordable, the units must be affordable to low or moderate income households. California Health and Safety Code Section 50093 defines low or moderate income households as having income that does not exceed 120o/o of area median income, or AMl, adjusted for family size. Sections 50052.5 and 50053 specify formulas for determining what qu'atities as an affordable housing cost or an affordable rent, respectively, for low and moderate income households. Table 1 below demonstrates the area median income for Los Angeles County in 2020, as well as the respective income limits for varying income category levels'
Table 1.2020 Los Angeles County lncome Limits
Extremely Low $23,700 $27,050 $30,450 $33,800 AMI Very Low $39,450 $45,050 $50,700 $56,300 (31-50% AMI) Low $63,100 $72,1 00 $81 ,1 00 $90,1 00 (51-80% AMI) Median $54,100 $61,850 $69,550 $77,300
Moderate $64,900 $74,200 $83,500 $92,750 (81-120% AMI)
The City currenly has approximately 311 affordable housing units, which.include a combination fifty-nine (59) of singie-family residentiat anO multi-family residential _units. Approximately affordalle nouiing units have been added thus far for lhe 2014-202'1 Housing Element planning
134 December 21, 2020, City Council Meeting Page No. 181 Brandywine DDA December 21, 2020 Page 3 period. For the same planning period, the scAG assigned the city a RHNA allocation target goal of 329 low or moderate income housing units. As evidenced, there is a significant difference between the amount of affordable housing units developed and the target amount of affordable housing units expected to be developed. For this reason, the City is incentivized to accommodate the development of additional affordable housing whenever possible and wherever appropriate.
Brandvwine Homes ln May 2020, Brandywine Homes contac{ed staff regarding a potential residential development opportunity for a 2.258 acre, privately-owned site at 3717 Fruit Street. Located within the Foothill Boulevard Specific Plan area, the site currently has a nursery and a historic, single- family residence. ln discussing the potential development of this site, staff provided information on the City's development standards, including the requirement to provide a minimum of fifteen percent (15%) affordable housing units for low or moderate income households. Staff explained the options available for fulfilling the affordable housing requirement, including incorporating the affordable housing units on the same site as the proposed market-rate units; constructing the affordable housing units off-site; or paying an affordable housing inJieu fee. During these initial discussions, Brandywine expressed interest in developing the affordable housing units off-site at the City-owned Walnut Street properties concunently with the development of the proposed market-rate housing units at the Fruit Street site. ln July 2020, Brandywine Homes filed entitlement applications wlth the Community Development Department to move forward with the proposed development of fifty (50) for-sale, market-rate, interlocked, three (3) story townhouse units at 37'17 Fruit Street, and the development of eight (8) for-sale, affordable, single-story, detached single-family residential units at 1874, 1876, and 1878 Walnut Street. The proposed developments will require several development applications for each site, including Precise Plan Review, Specific Plan Amendment, General Plan Amendment, Tentative Tract Map, Affordable Housing Agreement, and a Disposition and Development Agreement. Additionally, the project will require preparation of environmental documents analyzing potential environmental impacts of the project in conformance with the california Environmental Quality Act (cEoA). Though the proposed residential developments are located at separate sites, they are intrinsically tied together as the development of one site cannot move forward without the development of the other- For this reason, staff is processing the two (2) proposed residential developments as a single project and a single environmental document is being prepared for the project.
o nt
project it sets The Disposition and Development Agreement is a critical component of the _as forth a commitment between the City and Brandywine Homes for the conveyance of the City- purposes of developing affordable housing at the site. owned properties'the on Walnut Street for the Moreover, agreement enables both Brandywine Homes and staff to proceed with finalizing the developmeni proposals for each site confident in the knowledge that both parties are in agreement on the terms of the sale of the property and the terms of the affordable housing d6velopment. Though staff has not yet deemed all of the applications for the project complete, execution of the Disposition and Development Agreement formalizing the terms of this commitment is necessary in order to continue moving the p@ect foruard.
135 December 21, 2020, City Council Meeting Page No. 182 Brandywine DDA December 21, 2020 Page 4
The proposed Disposition and Development Agreement was submitted as part of the application for Case No. 67-20DA. The terms of the Agreement specify the City's commitment to convey the properties at 1874, 1876, and 1878 Walnut Street to Brandywine Homes to develop a number of for-sale affordable housing units equal to fifteen percent (15%) of the total number of housing units proposed to be developed at 3717 Fruit Street. Based on Brandywine Homes' proposal to construct fifty (50) for-sale townhouse units al 3717 Fruit Street, fifteen percent (15%) of fifty (50) rounded up to the nearest whole number is equal to eight (8). Thus, eight (8) affordable housing units are required to be constructed at 1874, 1876, and 1878 Walnut Street. Brandywine Homes has committed to constructing eight (8) for-sale, detached, single-family residential housing units affordable to moderate income households. ln the event that the City approves fewer affordable housing units than Brandywine Homes is required to provide, the terms stipulate Brandywine Homes shall have the ability to pay an inJieu fee equivalent to $20,000 per unit to fulfill their obligation for any remaining required affordable housing units. ln consideration of Brandywine Homes' commitment to develop affordable housing units at the site, the City agrees to sell the City-owned Walnut Street properties for the sum of one dollar ($1.00).
The proposed affordable housing units will be deed restricted, limiting the sales price of the housing units to less than fair market value in order to remain affordable to moderate income households. Occupancy and sale of the affordable housing units will be reskicted to moderate income households for a period of forty-five (45) years. Additional requirements related to future transfers or sales of the housing units are intended to ensure long-term affordability. Though the proposed units will be affordable to moderate income households, the Agreement permits the City the option to provide financial assistance to potential home buyers via "silent second' trust deeds, which are deeds of trust that are subordinate to a purchasers' primary mortgage loans. This financial assistance would effectively make the affordable housing units affordable to low income households, should the City choose to implement such a program. The development of the affordable housing units is for the purpose of serving the La Verne community and therefore, the Agreement requires Brandywine Homes to focus initial marketing of the sale of the housing units to local La Verne residents. Brandywine Homes will be required to advertise the sale of the housing units on City-operated bulletin boards at City Hall and on the City's website, as well as through publications of local community groups. to be clear, the Disposition and Development Agreement does not guarantee the approval of the development applications, which will require review and approval by the Development Review Committee, Planning Commission, and ultimately, the City Council. Additionally, completion of the environmental review required by CEQA must occur prior to the applications being reviewed and approved. lt is currently anticipated the CEQA review will commence in Janulry 2021. Al that time, staff will launch dedicated webpages on the City website, which will provide detailed information on the project and the proposed residential developments at 3717 Fruit Street and 1874, 1876, and '1878 Walnut Street. The CEQA review is expected to be completed by May 2021 and formal review of the development applications by the Development Review Committee, Planning Commission, and City Council will occur shortly thereafter. A Schedule of Performance iniluded as Exhibit B of the Agreement outlines required timing for completion of action items, such as approval of development applications, necessary to complete the conveyance of the Walnut Street properties and the eventual development of the affordable housing units.
The Disposition and Development Agreement has been reviewed by the attorneys representing Brandywine Homes and by the City Attorney. Furthermore, the terms of the Disposition and
136 December 21, 2020, City Council Meeting Page No. 183 Brandywine DDA December 21 , 2020 Page 5
Development Agreement are pursuant to the direction City Council provided to staff during their September 8, 2-O2O Closed Session meeting. Staff recommends the City Council approve and adopt Resolution No. 20-92 authorizing execution of the Disposition and Development Agreement.
ENVIRONMENTAL REVIEW
The proposed Disposition and Development Agreement is exempt from the California Environmental Quaiity Act per Section 15061 (b)(3), as well as exempt from the La Verne Environmental Guidelines. Further environmental review will be required for the proposed project and is scheduled to commence in January 2021; however, no further environmental review is required for the Disposition and Development Agreement.
Respectfully submitted by: Maia McCurley, Associate Planner
Attachments: A. Resolution No. 20-92 B. Exhibit 1 - Disposition and Development Agreement
137 December 21, 2020, City Council Meeting Page No. 184
RESOLUTTON NO.20-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE' COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPi'ENT AGREEMENT wlTH BRANDYWINE ACQUISITIONS GROUP, LLC.
BE lT RESOLVED by the City Council of the City of La Verne as follows:
Section l. That the Mayor of the City of La Verne be hereby authorized to execute a Disposition and Development Agreement with Brandywine Acquisitions Group, LLC attached hereto as Exhibit 't and made a part hereof by reference as though the same were set forth in full herein.
Section 2. That the Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 2l"t day of December,2O2O.
Tim Hepburn, Mayor
ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution No. 20-92 was duly and regularly adopte-d Uy the eity Council of the City of La Verne at a meeting thereof held on the 2{"' day of December, 2020, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Lupe Gaeta Estrella, Assistant City Clerk
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DISPOSITIO AND DEVELOPMENT REEMENT
by and between the
CITY OF LA VERNE
and
BRANDYWINE ACQUISITIONS GROUP, LLC
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This DISPOSITION AND DEVELOPMENT AGREEMENT (the "Agreement") is dated as of ,2020 (the "Agreement Date"), and is entered into by and between the CITY OF LA VERNE, a Califomia general law city ("City"), and BRANDYWINE ACeUISITIONS GROUP, LLC, aCalifornia limited liability company ("Developer"). City and Developer are sometimes referred to individually herein as a "Party" and collectively as the "Parties."
RECITALS
A. As of the Agreement Date, Developer is in escrow to purchase from a private party seller that certain real property with a street address of 3717 Fruit Street, La Veme, balifornia, which real property consists of approximately 2.258 acres of land area (the "Fruit Street Property"). Prior to the Agreement Date, Developer submified to City an application to obtain the necessary land use approvals for development of fifty (50) for-sale townhouse units and related improvements on the Fruit Street Property (the "Fruit Street Project"). City has advised Developer that if City approves the Fruit Street Project it will condition that approval upon Developer providing a number of for-sale housing units affordable to "Moderate-Income (15%) the number Iiousehold.'; 1u. that term is defined herein) equal to fifteen percent of total of units in the Fruit Street Project (eight (8) such affordable units, assuming City approves fifty (50) units in the Fruit Street Project).
B. City owns that certain real property located in the City of La Verne, County of Los Angeles, State of Califomia, situated on the south side of Walnut Street, east of A Street, and more farticularly described in Exhibit "A" to this Agreement, which real property, together with any existing improvements as may be situated thereon and all rights of access, eaiements, hereditaments, mineral rights, and other property rights appurtenant thereto, are collectively refened to herein as the "Propert5r'"
C. Contingent upon City approving the Fruit Street Project and Developer closing escrow on the Fruit Street Property and proceeding with development of the Fruit Street projej, City is willing to convey the Property to Developer to enable Developer to satisfy the afmrOaUte housing re{uirement attributabte to the Fruit Street Project. Subject to satisfaction of a number the same conditions, developer desires to purchase the Property from City and develop of for-sale housing units and related improvements thereon (the "Project") that will be affordable to Modeiate-Income Households equal to fifteen percent (15%) of the total number of units approved by City for development in the Fruit Street Project.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Developer agree as follows:
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1. DEFINITIONS.
In addition to any terms defined elsewhere in this Agteement, the following capitalizedterms used in this Agreement shall have the meanings set forth below:
"Affordable Housing Cost" has the meaning set forth in California Health and Safety Code Section 50052.5(bX4) and Califomia Code of Regulations, Title 25, Sections 6914, 6920, and6932.
,,Affordable Housing Unit" means each of the Units to be developed and sold to a Moderate-Income Household at Affordable Housing Cost pursuant to this Agreement and the Unit Regulatory Agreement, the form of which is attached hereto as Eihiu!'I."
,,Agreement" means this Disposition and Development Agreement and all exhibits hereto, as the same may be amended from time to time.
',Agreement Date" is the date first written above, which is the date this Agreement is being or was approved by the City Council of City at a public meeting.
"Approved Title Exceptions" are defined in Section 2.3.1 of this Agreement.
,'Building Permit" means, with respect to a particular legal lot, the building permit and any and all other governmental permits and approvals that are necessary to authorize Developer to grade the fortion of the Property within said lot and construct the portion of the Project improvements to be situated thereon.
"CC&Rs" is defined in Section 2.4.1(vi) of this Agreement'
,'Certificate of Completion" means each of the certificates described in Section 3.ll of this Agreement. The forrnof the Certificate of Completion is set forth in Exhibit "D" attached hereto.
"City" means the City of La Verne, a California general law city.
,.City Closing Conditions" are the conditions to City's obligation to close the Escrow for convey*r. oithe Property to Developer, as set forth in Section 2.4.1 of this Agreement.
"City Manager" means the City Manager of City'
..Close of Escrow" or "Closing" means the close of the Escrow referred to in section 2.2 for City's conveyance of the Property to Developer.
,,Closing Conditions" are defined in Section2.4 of this Agreement. The Closing conditions include tnJ city Closing conditions set forth in Section 2.4.1 afi the Developer Closing Conditions set forth in Section 2.4.2.
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"Closing Date" means the date Escrow closes for City's conveyance of the Property to Developer.
"Construction Loan" means a loan made by a "Holder" (as that term is defined herein) to Developer for acquisition of the Property and development of the Project in an aggregate amount equal to or greater than (i) the "Project Budget" (as that term is defined frEreinl less (ii) the amount of Developer's equity funds available and committed to acquisition of the Property and development of the Project thereon, all as more particularly described in Section 2.4.|(iii) of this Agreement.
"Default" is defined in Section 6.1 of this Agreement.
"Developer" means Brandywine Acquisitions Group, LLC, a California limited liability company, and any "Transferee" of Developer (as that term is defined herein). Notwithstanding any other provision set forth in this Agreement, the term "Developer" shall not apply to any purchaser of a completed Unit within the Project or to any homeowners' association formed to own or manage any common areas within the Property upon completion of the Project (or portions thereof).
"Developer Closing Conditions" are the conditions to Developer's obligation to close the Escrow for the Property, as set forth in Section 2.4.2 of this Agreement.
"Developer Deed of Trust" is defined in Section 4.3 of this Agreement.
"Developer's Evidence of Financial Capability" is defined in Section 2.4.1(iii) of this Agreement.
"Disapproved Title Exceptions" are defined in Section2.3.l of this Agreement.
"Environmental Laws" mean, collectively, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. $ 9601, et seq., "CERCLA"), the Hazardous Materials Transportation Act, as amended (49 U.S.C. $ 1801, ef seq.), the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901, et ,rq., "RCRA"), the Toxic Substances Control Act, as amended (15 U.S.C. $2601 et seq.),the Iniecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. $ 136 et seq.), the Superfund Amendments and Reauthorization Act, as amended (42 U.S.C. $ 6901 et seq.), the Federal Water Pollution Control Act, as amended, (33 U.S.C. $ 1251, et seq.), the Clean Air Act, as amended (42 U.S.C. 300f et seq.), (42 U.S.C. $ 7401 et seq.), the Safe Drinking Water Act, as amended the Solid Waste Oisposal Act, as amended (42 U.S.C. $ 6901 et seq.), the Surface Mining Control and Reclamation Act, as amended (30 U.S.C. $ 1201 et seq.), the Occupational Safety and Health Act, as amended (29 U.S.C. $$ 655 and 657), the California Underground Storage of Hazardous Substances Act, as amended (Califomia Health and Safety Code $ 25300 et seq.), the and any porter-Cologne Water Quality Act, as amended (California Water Code $ 13000 et seq.), other federal, state, and locai laws, statutes, ordinances, regulations, and rules now in effect that pertain to the handling, storage, transportation, disposal, or treatment of Hazardous Materials.
"Escrow" is defined in Section 2.2.1 of this Agreement'
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"Escrow Holder" means First American Title Company or another licensed escrow holder mutually selected by the Parties. The name, title, address, and contact information for Escrow Holder's representative who is responsible for this transaction as of the Agreement Date are Jeanne Gould, Escrow Offrcer, First American Title Company, I First American Way, Santa Ana, CA 92707 (phone #: 949-885-2405; fax #: 714-913-6372; email: [email protected]).
,,FIRPTA Certificate" is defined in Section 2.7 of this Agreement
"Force Majeure Delay" is defined in Section 6.6 of this Agreement.
,,Fruit Street Project" is defined in Recital A of this Agteement.
,,Fruit Street Property" is defined in Recital A of this Agreement.
"General Contractor" is defined in Section 3.3 of this Agreement.
"Grant Deed" is defined in Section 2.3.1 of this Agreement. The form of the Grant Deed is set forth in Exhibit "C" attached hereto.
"Hazardous Materials" mean any chemical, material, or substance now or hereafter defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials, extremely hazardous waste, restricted hazardous waste, toxic substances, pollutant or contaminant, imminently hazardous chemical substance or mixture, hazardous air pollutant, toxic pollutant, or words of similar import under any of the Environmental Laws, including without limitation: any and all toxic or hazardous substances, materials, or wastes listed in ttre United States Deparhnent of Transportation Table (49 CFR l72.l0D or by the Environmental protection Agency ashazardous substances (40 CFR. Part 302) and in any and all amendments thereto in effect ai of the Close of Escrow; oil, petroleum, petroleum products (including, without limitation, crude oil or any fraction thereof), natural gas, natural gas liquids, iiquefied-natural gas or synthetic gas usable for fuel, not otherwise designated as a hazardous sutstance under CERCLA; any substance which is toxic, explosive, corrosive, reactive, flammable, infectious or radioactive (including any source, special nuclear or by-product material as defined at 42 U.S.C .2Ol!, et seq.), carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by uny govemmental authority; asbestos in any form; urea formaldehyde foam insilation; transformirs or other equipment which contain dielectric fluid material or containing levels of polychlorinated byphenyls; radon gas; and any other chemical, substancJ(i) which porl. ahazard to the Property, to adjacent properties, or to persons on or any of the Environmental about the property, 1ii; wtrictr causes the Property to be in violation of reporting, or Laws, or (iiii the presence of which on or in the Property requires investigation, remediation under any of the Environmental Laws'
"Holder" is defined in Section 4.3 of this Agreement'
,.Moderate-Income Households" mean persons and families whose household Safety Code Section incomes meet the income qualifications described in Califomia Health and 50093 and California Code of Regulations, Title 25, Sections 6910, et seq'
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,'Notice of Affordability Covenants'o is defined in Section 4.2 of this Agreement. The form of the Notice of Affordability Covenants is set forth in Exhibit "E" attached hereto.
,.Outside Closing Date" is defined in Section 2.2.2 of this Agreement.
,.party" means either City or Developer, as applicable, and "Parties" means City and Developer.
,,permitted Exceptions" are defined in Section2.3.l of this Agreement.
,,plans and Specifications" mean all drawings, landscaping and grading plans, required engineering drawings, final construction drawings, and any other plans or specifications for the issuance Jr'nuitairg Permits for construction of the Project, which Plans and this Specifications shall be submitted to City for approval in accordance with Section 3.2 of Agreement.
.,project" means the buildings, landscaping, infrastructure, utilities, and other improvements to Ui Uuitt on the Property pursuant to this Agreement, the Project Development is Approvals, and the plans and Specifications. As of the Agreement Date, Developer's inlention to build eight (g) affordable dwitting units on the Property (15% of the total number of dwelling units apprJr.d 6y City in the Fruit Street Project), with each of said dwelling units to include three (jibedrooms and not less than 1,300 square feet of habitable space'
,,project Budget" means a comprehensive line-item budget to be submitted by 2.4.1(iii) of Developer to the city uana["r or his or her auihorized designee pursuant to Section Property and this Agieement that ,.t, forth all of Developer's estimated costs to acquire the plan, develo[ the project thereon, including without limitation all estimated costs incurred to inspect' market' design, engineer, finance, obtain p.t it fees and bonds for, construct, supervise, and sale of all of the Units. and sell the Units from the Close bf Ercro* through Project build-out
,,project Development Approval Finality Date" means the later of the following on a Saturday, Sunday, or dates, as applicabfe: (i) the ninety-first (91st) day (or,.if such day falls on which the last of the legal holiday, the nexiweekday itrat is not alegal holiday) after the date initiative, pr-oject Devllopment Approvais is/are finally alproved or adopted by city; or (ii) if an Agreement or any refJrendum, oilawsuit cirallenging the validity or enforceability of either_this (in the case of an initiative of the project u.u.toprn.nt Afprlvals is/are qualified for the ballot of a lawsuit) on or before or referendum) or frled in u .ourt of competerf3*irdi.tion (in the case is finally resolved in the date referred to in clause (i), the daie on which such legal challenge Development favor of the validity attd enfotceability of this Agreement and/or such Project general or special Approval(s), us appticable, and whether such finality is achieved at a final non-appealable municipal election'iin the case of an initiative or referendum) or by a which an judgment, votuntary or involuntary dismissal (and the passage of any time within (in the case of a inulfu"tu.y aismissat may be upp.uhd;, or binding written settlement agreement lawsuit).
,,project Development Approvals" collectively mean all of the discretionary City authorize Developer to develop the land use permits *i upproratsihat *rrit. issued in order to
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project. As of the Agreement Date, City has represented to Developer that the Project Development Approvals=consist of the following: (1) amendments to the Land Use Element of the Ciiy of La Verne's General Plan and Walnut Street Specific PIan as may be needed to the accommodate Developer's proposed Project, including without limitation an amendment to density provisions tfrat witi allow up to eight (8) units to be developed on the Property and clarifitaiion of the definition of "Moderate Income Households" consistent with the definition of ,,moderate" income households under California law; (2) Precise Plan Review; (3) a tentative with the tract map to re-subdivide the property; and (a) whatever document is required to comply California Environmental eualiti e.t ("CEQA"), as determined by City (unless City determines map, the project is exempt aom bpQe review). For purposes of this Agreement, the final tract grading permit, nuitOing Permits, and any encroachment permits, Subdivision Improvement igr..ir*t, ffid ..ririty requirements that may be required for the public iniprovements/facilities to be constructed/installed in the public rights-of-way adjacent to the Property are not deemed to constitute Project Development Approvals.
..property" means the real property that is to be conveyed by City to Developer for development ofihe irroject, as more particularly described in Exhibit "A" attached hereto.
,,Purchase Price" is defined in Section 2.1 of this Agreement.
,,Released Parties" are defined in Section 2.6.3 of this Agreement.
,.Schedule of Performance" means the schedule attached hereto as Exhibit "B".
,,subordination Agreement" is defined in Section 4.2 of this Agreement.
,,Title Company" means Escrow Holder (i.e., the Title Company and the Escrow for Title Company's Holder shall be the same). ThL name, title, address, and contact information Date are Terrell representative who is responsible for this transaction as of the Agteement Title Company, 1250 Cor911 Suite 200' Crutchfield, Title Officer, First American -Pointe, corona, cA g287g (phone #: 951-256-5879; fa,r #: 866-558'2872; email: tcrutchfi eld@fi rstam.com).
,,Title Policy" is defined in Section 2.3.2 0f this Agreement.
,,Transfer" is defined in Section 4.1.2 of this Agreement.
,,Transferee" is defined in Section 4.1 .1 0f this Agreement. (not to ,,fJnit,, means each of the subdivided lots to be created within the Property improvemerys are to be developed exceed eight (s)) *a trr" single family home and related llat project and the Plans and Specifications on each lot, consistent with the Development Approvals therefor. The ,.Unit Regulatory Agreement" is defined in Section 4.2 of this Agreement' hereto' form of the Unit Regulat-ory Agreement is set forth in Exhibit "F" attached
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"Withholding Affidavit" is defined in Section2.T of this Agreement.
2, PURCHASE AND SALE OF THE PROPERTY: PURCHASE PNCE.
2.1 Purchase and Sale of Property: Purchase Price.
In consideration of Developer's agreement to develop a number of for-sale dwelling units affordable to moderate-income households on the Property equal to fifteen percent (15%) olthe total number of dwelling units approved by City for the Fruit Street Project (not to exceed eight (8)), and in accordance with and subject to the terms and conditions hereinafter set forth, City agrees to sell the Property to Developer and Developer agrees to purchase the Property from City for the sum of One Dollar ($1).
Notwithstanding anything to the contrary contained herein, the Close of Escrow for the Property shall not occur until such time that all of the applicable Closing Conditions, as defined in Section 2.4 hereof, have been satisfied or waived in writing by the benefited Party or Parties.
2.2 Opening and Closing of Escrow.
2.2.1 Opening of Escrow: Escrow Instructions.
Within five (5) business days after the Project Approval Finality Date, City and Developer shall cause an escrow (the "Escrow") to be opened with Escrow Holder for the sale of the property by City to Developer. The Parties shall deposit with Escrow Holder a fully executed duplicate original of this Agreement as the escrow instructions for the Escrow. City and Develoier shall piovide such additional instructions as shall be necessary and consistent with this Agreement. In the event such additional instructions conflict with this Agreement, the -of provisions tnir Agreement shall control unless each of the Parties separately initials the .t *g. or otherwise ilearly expresses an intention in said additional instructions to have the conflicting provision(s) in the additional instructions supersede or amend this Agreement.
2.2.2 Close of Escrow: Outside Closing Date(s).
Subject to possible extensions consistent with the fotlowing three paragraphs of this Section2.Z.2,the parties shall cooperate in order to enable the Close of Escrow to occur within five (5) business days after dl of the Closing Conditions described in Section 2.4 of this in Agreement haue been satisfied or any unsatisfied Closing Conditions trav_e been waived ,#itirrg by the benefited party or Parties; provided, however, if all of the Closing Conditions i'outrid" is defined in the have riot been satisfied or so waived by the Closing Date" (as that term n.*t p*ugraph below), either party that is not then in Default of any of its material obligations by delivery of notice set forth in tt ir Agreement shall have the right to terminate this Agreement the Escrow of termination to the other P*y, and in such event each Party shall pay 50% of and Holder,s cancellation fees, eactr-Party shall bear its own costs relating to this Agreement, the other. otherwise neither Party shall have any further rights against or obligations to
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The "Outside Closing Date" shall be the date that is two (2) years from the Agreement Date; provided, however, that, if applicable, the Outside Closing Date shall be exiended as follows: (A) if the Project Development Approval Finality Date for the Project is extended past the ninety-first (91s0 day (or, if such day falls on a Saturday, Sunday, or legal holiday, tfre next weekday that is not a legal holiday) after the date on which the last of the Project Development Approvals the Project is flrnally approved or adopted by City as the result of an initiative or referendum qualifring for the ballot or a lawsuit challenging the validity or enforceability of either this Agreement or any of the Project Development Approvals for the Project, thenthe Outside Closing Date shall be extended for one (1) day for each day thereafter until the initiative or referendum challenge is either defeated at the applicable election thereon or the lawsuit is finally resolved in favor of the validity and enforceability of this Agreement and/or such Project Development Approval(s), as applicable, and whether such finality is achieved at a general or special municipal election (in the case of an initiative or referendum) or by a final non-appealubl.3rdg-ent, voluntary or involuntary dismissal (and the passage of any time within which an involuntary dismissal may be appealed), or binding written settlement agreement (in the case of a lawsuit); (B) if the Project Development Approval Finality Date for the Fruit Street Project (assuming the term "Project Development Approval Finality Date" for that project were givln the same meaning as is given to that term for the Project) is extended past the ninety-first (qtrt) day (or, if such day falls on a Saturday, Sunday, or legal holiday, the next weekday that is not a-legal iroliday) after the date on which the last of the Project Development Approvals for the Fruit Street Project (assuming the term "Project Development Approvals" for that project were given the same meaning as is given to that term for the Project) is finally approved or adopted by 6ity ur the result of anlnitiative or referendum qualifuing for the ballot or a lawsuit challenging the validity or enforceability of any of the Project Development Apptovals for the Fruit Street project, then the Outside Closing Date shall be extended for one (1) day for each day thereafter until the initiative or referendumchallenge is either defeated at the applicable election thereon or the lawsuit is finally resolved in favor of the validity and enforceability of such Project such finality is achieved at a general or Development Approval(s), as applicable,-the and whether special municipai election (in case of an initiative or referendum) or by a final non- appealable judgment, voluntary or involuntary dismissal (and the passage of any time within (in which an involuntary dismisrul *uy be appealed), or binding written settlement agreement drle to the case of a lawsuii); and (C) if any of the Closing Conditions are not timely satisfied City's failure or inaUitity to tate u.lion thereon within the times set forth in the Schedule of peiformance (or, with rlspect to the Fruit Street Project, if City fails to take action on the same time frames), the Outside Closing corresponding'matters relating to said -auyproject within the Date shall be extended for ine (1) for each such day of delay. Notwithstanding the of the Project foregoing, if the result of any initiaiive, riferendum, or lawsuit is to invalidate any or the Fruit nevelopment Approvals foieither the Project that is the subject of this Agreement which is a street project oi it City takes final action to disapprove any item the satisfaction of " at that time. Closing Condition then ihe extension of the Outside Closing Date shall terminate
2.3 Condition of Title: Title Policy'
2.3.1 Condition of Title.
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Developer hereby approves the following title exceptions 1-6, 8, and 9 set forth in that certain preliminary title report dated as of }r'{ay 28,2020, issued by the Title Company (collectively,the "Approved Title Exceptions"): I (with taxes and assessments to be prorated as of the Closing Date); 3 (approved only as to those supplemental taxes added because of Developer's purchase of the Property); 6 (approved contingent upon Title Company's issuance of ALTA 28.3 endorsement); 8; and 9. City agrees to eliminate, cause to be eliminated, or cause the Title Company to reasonably insure over the remaining title exceptions listed in said preliminary title report " (collectively, the "Disapproved Title Exceptions) prior to or concurrently with the Close of Escrow.
At the Close of Escrow, City shall convey title to the Property to Developer by grant deed substantially in the form attached hereto as Exhibit "C" (the "Grant Deed"). Title to ih. Prop.rty shall be conveyed subject to: (i) all Approved Title Exceptions; (ii) the instruments and documents to be recorded at the Close of Escrow that are referred to in Sections 2.7 and 2.8 of this Agreement; and (iii) any matters which arise out of the actions of Developer or its agents and representatives (collectively, the "Permitted Exceptions").
2.3.2 Title Policy.
At the Closing the Title Company shall deliver to Developer a CLTA standard owner's policy of titte insurance with coverage in the amount of the Purchase Price showing that fee title to ttr. property is vested in Developer free and clear of all recorded monetary and non- monetary liens and encumbrances other than the Permitted Exceptions (the "Title Policy"). Developlr shall have the right to request that the Title Company upgrade the Title Policy to an ALTA extended coverage tiile insurance policy and/or to request that the Title Company provide non-standard endorsements to the Title Policy and/or increase the coverage limits of the Title policy; provided, that Developer's ability to obtain such upgrades, non-standard endorsements, and increased coverage limits shall not be a Developer Closing Condition and shall not extend the otherwise applica6le outside Closing Date. The cost of the Title Policy (and any costs for policy upgrades, non-standard endorsements, and/or increased coverage limits) shall be allocated between City and Developer as set forth in Section 2.5.1.
2.4 Conditions to Close of Escrow.
2.4.1 City's Closing Conditions'
City's obligation to close Escrow and convey the Property to Developer shall be conditions subject to the satisfactionlor City's express written waiver) of each of the following (collectively, the "City Closing Conditions") :
(i) The representations and warranties of Developer set forth in this Agreement shall be true and correct at the Closing in all material respects; (iD Developer shall have deposited the Purchase Price into funds and Escrow in accordance with Section 2.1, and Developer shall have deposited all other set forth in documents Developer is obligated to deposit pursuant to the applicable provisions this Agreement;
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(iii) Developer shall have submitted to the City Manager of City or his/trer designee, and the City Manager or designee shall have approved, all of the following (collectively, "Developer's Evidence of Financial Capability"): (A) the Project Budget; (B) a final lender's term sheet from Developer's construction lender and proposed Holder; (C) evidence of the amount of Developer's equity funds available and committed to acquisition of the Property and development of the Project; (D) and evidence that the sum of Developer's Construction Loan and available and committed equity funds collectively equal or exceed the Project Budget. Developer shall certify that each of the items contained within Developer's Evidence of Financial Capability is true and correct at the time of submittal. Developer shall submit Developer's Evidence of Financial Capability to the City Manager or designee and the City Manager or designee shall review and approve or disapprove the same within the times set forth in the Schedule of Perfonnance. The City Manager or designee shall not unreasonably withhold or condition his/her approval;
(iv) Developer shall have provided evidence acceptable to the City Manager or his/trer designee that Developer has obtained the construction-period insurance policies required by Section 7.1 of this Agreement and that said policies either are effective at that time or will become effective no later than the Closing;
(v) The Project Development Approval Finality Date shall have occurred and all of the Project Development Approvals shall be final and in full force and effect, subject to any applicable conditions set forth therein;
(vi) Developer shall have obtained City approval of the following additional permits and approvals: (A) a rough grading plan for the Property; (B) a Declaration of Covenants, Conditions, and Restrictions for the Project (the "CC&Rs"), with said CC&Rs ready to be recorded at the Closing or concurrently with recordation of the applicable final tract map (provided, however, that if the CC&Rs are not then ready to record because they have not then been finally approved by the California Department of Real Estate, this condition shall be deemed satisfied as long as the City Manager or hisftrer designee verifies that the form of the CC&Rs then under review by the California Department of Real Estate is consistent with all applicable City requirements and conditions and Developer provides reasonable assurances to the City Manager or designee that the CC&Rs will be recorded prior to issuance of the first Certificate of Occupancy for a completed Unit within the Project); and (C) the Plans and Specifications for all of the Units to be constructed in the Project (with the only remaining requirement for issuance of Building Permits for the Units after the Closing being payment of building permit fees and posting of any required security); (vii) City shall have issued its first Building Permit for development of the Fruit Street Project; and
(viii) Developer shall have performed, observed, and complied with all other covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with on its part prior to or as of the Close of Escrow'
2.4.2 Developer's Closins Conditions.
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Developer's obligation to close Escrow and accept conveyance of the Property from City shall be subject to the satisfaction (or Developer' express written waiver) of each of the following conditions (collectively, the "Developer Closing Conditions"):
(i) The representations and wa:ranties of City set forth in this Agreement shall be true and correct at the Closing in all material respects;
(ii) City shall have deposited into Escrow the Grant Deed and all other funds and documents City is obligated to deposit pursuant to the applicable provisions set forth in this Agreement;
(iii) The Project Development Approval Finality Date shall have occurred and all of the Project Development Approvals shall be final and in full force and effect, subject to any applicable conditions set forth therein;
(iv) City shall have approved all of the following additional permits and approvals (provided that Developer shall exercise commercially reasonable diligence in an effort to obtain such approvals): (A) a rough grading plan for the Property; (B) the CC&Rs for the Project, with said CC&Rs ready to be recorded at the Closing or concurrently with recordation of the applicable final ffact map (provided, however, that if the CC&Rs are not then ready to record because they have not then been finally approved by the California Department of Real Estate, this condition shall be deemed satisfied as long as the City Manager or hisftrer designee verifies that the form of the CC&Rs then under review by the Califomia Department of Real Estate is consistent with all applicable City requirements and conditions and Developer provides reasonable assurances to the City Manager or designee that the CC&Rs will be recorded prior to issuance of the first Certificate of Occupancy for a completed Unit within the Project); and (C) the Plans and Specifications for all of the Units to be constructed in the Project (with the only remaining requirement for issuance of Building Permits for said Units after the Closing being payment of building permit fees and posting of any required security); (v) City shall have issued its first Building Permit for development of the Fruit Street Project;
(vi) The Title Company shall be irrevocably committed to issue the Title Policy for the Property; and
(vii) City shall have performed, observed, and complied with all other covenants, agreements, ffid conditions required by this Agreement to be performed, observed, and complied with on its part prior to or as of the Close of Escrow. 2.5 Title and Escrow Fees and Closing Costs: Escrow Holder Settlement Statement.
2.5.1 Palties' Responsibilities for Pavment of Title and Escrow Fees and Closing Costs.
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City shall pay the premium for a CLTA standard owner's policy or policies of title insurance showing title vested in Developer subject only to the Permitted Exceptions and with liability in the amount of the Purchase Price. Developer shall pay any additional title costs attributablelo obtaining a survey of the Property, non-standard endorsements, and any additional coverage in excess of the Purchase Price. City shall pay any costs required to remove or terminate the Disapproved Exceptions and place title in the condition required by this Agreement, including without limitation the cost to prepare any pay-off demand statements for existing lenders, if any.
City and Developer shall each pay one-half (ll2) of Escrow Holder's escrow fee. Developer shall pay the cost to record the Grant Deed(s) and any transfer taxes and documentary transfei taxes. The parties shall pay or share other closing costs and fees in accordance with the Title Company's normal custom and practice for similar transactions in Los Angeles County, California, or, if there is no such custom and practice with respect to a particular closing cost or fee, each Party shall pay one-half (ll2) of such cost or fee.
2.5.2 Escrow Holder's Duties With Respect to Title and Escrow Fees and Closins Costs.
Escrow Holder is authorized on the Close of Escrow to pay and charge each Party for any fees, charges, and costs payable under Section 2.5.1 as set forth on the settlement statements uppror.d by the Parties. Before such payments are made, Escrow Holder shall notify City and D&Lloper oi the fees, charges, and costs necessary to close the Escrow by delivering draft settlement statements to the Parties for their mutual approval.
2.6 Physical and Environmental condition of the Property.
2.6.1 Property Conve)'ed in "As-Is" Condition'
Developer acknowledges that prior to the Agreement Date it has had a full opportunity to investigate and inspect the physical and environmental condition of the Property *i, Uur.a upon that Investigation and inipection, Developer accepts thejroperty in a strictly ,,AS-IS" physical and environmental condition, WITH ALL FAULTS, IF ANY, AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. FrOM ANd AftET thE CIOSiNg to Developer shall be solely responsible for any improvements and modifications that may need be made to the property, including without limitation with respect to soils and drainage conditions, the conditions, geologicai .o-n-ditionr, seismic hazards and risks, subsurface water and availability of puUti. streets and utilities available to serve the Project and the Property, and in the immediate vicinity remediation and removal of such Hazardous Materials on, under, jn of the property, in order to place the Property in a condition suitable for development and intended use for comptianci with Environmental Laws, all as may be applicable to the Property's a residential development proj ect.
Developer further acknowledges that neither City nor any agents, representatives, direct or indirect, officers, or employees of City have made at y t"pt.sentations or warranties, or employees of oral or written, express or implied, to Developet ot ary agents, representatives, its fitness for respeci to tt. prrvrical or iron*"ntal condition of the Property, Developer wittr "n
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any particular purpose, or its compliance with any laws, or the accuracy or completeness of any information or data that may have been provided by City to Developer with respect thereto, and (v) Developer is not aware of and does not rely upon any such representation or warranty.
2.6.2 Releases and Waivers.
From and after the Close of Escrow for the Property Developer and anyone claiming by, through or under Developer hereby waives its right to recover from and fully and irrevocably releases City, and its council members, officers, employees, representatives, agents, servants, attorneys, successors, and assigns (collectively, the "Released Parties") from any and all claims, responsibility, and/or liability that it may now have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action, or cause of action arising from or related to (i) the physical condition of the Property, including any defects, errors, omissions, or other conditions, latent or otherwise, (ii) the value, salability, or utility of the Property or the suitability of the Property for any pulpose whatsoever, and (iii) any information fumished by the Released Parties under or in connection with this Agreement relating to any such matters. This release includes claims of which Developer is presently unaware or which Developer does not presently suspect to exist which, if known by Developer, would materially affect Developer's release of the Released Parties. Developer specifically waives the provision of California Civil Code Section 1542,which provides as follows:
..A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR.''
In this connection and to the extent permitted by law, Developer hereby agrees, represents, and warrants that Developer realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses, and expenses which are presently unknown, unanticipated and unsuspected, and Developer further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Developer nevertheless hereby intends from and after the Close of Escrow for the Property to release, discharge, and acquit the Released Parties from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses, and expenses which might in any way be included as a material portion of the consideration given to City by Developer in exchange for City's performance hereunder.
Developer hereby agrees that, if at any time after the Close of Escrow any third party or any govemmental agency seeks to hold Developer responsible for any matters within the r.op. of the ielease set forth in this Section 2.6.2 then Developer waives any rights it may have against City in connection therewith, and Developer agrees that it shall not (i) implead the any of the Released parties, (ii) bring a contribution action or similar action against any of the Released
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Parties, or (iii) attempt in any way to hold any of the Released Parties responsible with respect to any such matter. The provisions of this Section 2.6.2 shall survive the Close of Escrow.
City has given Developer material concessions regarding this transaction in exchange for Developer agreeing to the provisions of this Section 2.6.2. City and Developer have each initialed thls Section2.6.2 to further indicate their awareness and acceptance of each and every provision hereof.
CITY'S INITIALS DEVELOPER'S INITIALS
2.6.3 Right of Entry.
At Developer's request, prior to the Close of Escrow City shall cooperate with Developer and allow Developer and any authorized employees and agents of Developer to enter onto thi Property to perform inspections, surveys, and tests as Developer may reasonably determine to be necessary to enable it to assess the physical and environmental condition of the Property and to design and engineer the Project improvements to be constructed and installed thereon. Developer ihall indernni$, defend, and hold harmless City and the Released Parties from and againsi any claims, liabilities, and losses arising out of any such entry. In the event Developer lerforms any invasive tests, it shall either restore any damage to the Property immediately fotto*ing zuch entry, as reasonably determined by City, or Developer shall restore such damage if for *y rruron the Escrow for conveyance of the Property fails to close. Developer ihull .o-ply with any other reasonable requirements or conditions City may place upon such right of eniry that do not materially impair its ability to accomplish its legitimate purpose in performing such inspections, surveys, and tests.
2.7 Deposits into Escrow.
No later than one (1) business day prior to the scheduled Close of Escrow, City shall deliver to Escrow Holder the following instruments and documents: (i) the Grant Deed duly executed and acknowledged by City, in the form attached hereto as Exhibit "C"; (ii) the affidavit certificate contemplat.a Uy balifornia Revenue and Taxation Code $ 18662 ("Withholding Affidavit',); (iii) a Certification of Non-Foreign Status in accordance with I.R.C. Section 1445 .,FIRiiTA'Certificate"); to record at (the -and(iv) if the final tract map has been recorded or is ready the Closing, o1 executed acknowledged Notice of Affordability Covenants and Unit Regulatorylgreement for each of the eight (8) legal parcels comprising the Property, with each of said instruments to be in the form attached hereto as Exhibit "E" and "Exhibit "F", is respectively (and with the understanding that if the fi-nal-tract map has not been recorded and noi ready io reco.d at the Closing, the Notice of Affordability Covenants and Unit Regulatory prior the sale Agreement will not be recorded ui th. Closing but will instead be recorded at or to (v) by"Developer of the completed Affordable Housing Units to the first purchaser(s) thereof); if be recorded at the the Notice of Affordability Covenants and Unit Regulatory Agreement are to Closing consistent with clause (iv), a Subordination Agreement duly executed and acknowledged by Citi, in the form prepared by the Holder of the Construction Loan and reasonably approved (vi) such u, to for- by the City Attorney in accordance with Section 4.2 of this Agreement; and
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proof of City's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy to Developer.
No later than one (l) business day prior to the scheduled Close of Escrow, Developer shall deliver to Escrow Holder the following instruments, documents, and funds: (i) the sum of the purchase price and Developer's estimated share of the title and escrow fees and provided closing costs, based on the buyer's draft or estimated settlement statement previously by EJcrow Holder to Developer; (ii) an acceptance of the Grant Deed duly executed. and (if the acknowledged by Developer, in the form attached hereto as Exhibit "C"; (iii) the CC&Rs final tract irap has been recorded or is ready to record at the Closing and the CC&Rs have been by finally approved by the California Department of Real Estate), executed and acknowledged o.r.iopri; (iv) if ihe final tract map has been recorded or is ready to record at the Closing, an Agreement executed and acknowledged Notice of Affordability Covenants and Unit Regulatory to be in the form for each of the legal parils within the Property, with each of said instruments understanding that if attached hereto as Exiibit,'E" and "Exhibii "Fi', respectively (and with the the Notices of the final t u.t ,nup hi-rot br* r..ord"d und is not ready to record at the Closing, but Affordability Covenants and Unit Regulatory Agreements will not be recorded at the Closing for a will instead be recorded at or prior t;City'; issuance of the first Certificate of Completion by lot/Unit within the project oi prior to the sale of any of the lotsAJnits in the Project Construction Developer, whichever first occurs; (v) the Developer Deed of Trust securing the are to Loan; and-(vi) if the Notices of Affordability Covenants-and Unit Regulatory Agreements Agreement duly executed be recorded at the Closing consistent with ciause (iv), a Subordination of the Construction Loan and and acknowledged by Ciiy, in the form 'cityprepared by th9 Holder with Section 4.2 of this reasonably approved as to form by the ntto-ey in accordance and Unit Regulatory Agreement pursuant to which .a.h Notire- of Affordability covenants Alreement ii subordinated to the Developer Deed of Trust'
2.8 Escrow Holder's Duties at the Closing' Records of At the Close of Escrow, Escrow Holder shall: (i) record in the Official for the Property, (B) if deposited the Los Angeles County Recorder, in order, (A) the Grant Deed (C) Developer Deed of TrusJ, into Escrow for recordation, the final tract map and CC&Rs; the Covenants and Unit and (D) if deposited into Escrow, each of the Notices of Affordability and unit Regulatory Regulatory Agreements; and (E) if the Notices of Affordability Covenants- Agreement;-(ii) prorate assessments Agreements are recorded at the-Closing, the Subordination this Agreement and the and other charges as of the Close oT'Er.ro* in accordance with parties and Developer for their respective settlement statements approved by-Closing the (iii) charge city expenses; (iv) from funds deposited by shares of title, ,r.ro*, *d otfrr, costs, fttt, *d reierred to in clauses (ii) and (iii) in Developer and Cit, pay the costs, feJs, and expenses approved by the Parties; (v) cause accordance with this ,igieement *d tn. settlement statements (including any upgraded and the Title companj io" a.ur., the Title Policy to Developer paid for by Developer); (vi) cause a increased ,or.rug.. and endorsements, if any, requested and beveloper; (vii) deliver the original copy of the original recorded Grant Deed to"be dilivered to and the withholding Affidavit executed c,ruruntylo city; (viii) deriver the FIRPTA certificate or delivered through Escrow to to Developer; (ix) *".. .opi.t of all other documents recorded City; and (xi) prepare and deliver to be provided to each rurrr, (x) deliver the Purchase Price to
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and each party one signed copy of Escrow Holder's final closing statement showing all receipts disbursements of the Escrow.
3. DEVELOPMENT COVENANTS'
3.1 DeveloPment of the Project.
Developer shall develop the Project on the Property in accordance with the and all project Development ipprovals, the Schedule oi Perfotmance, all requirements of any and applicable fedeial, state, and local laws, rules, and regulations, the Plans and Specifications, right to an all other terms, conditions, and requirements of this Agreement. Subject to its comply with extension of times of perform*.. du. to Force Majeure Delays, Developer shall or his/her the Schedule of performance in a timely manner; provided that the City Manager discretion, to designee shall have the authority on behalf of City, in his/trer sole and absolute per ugr.i to further extensions of time for Developer to perform, not to exceed ninety (90) days afiplicable deadline. Untit the final Certificate of Completion for the Project is issued, Developer Manager or siratt proviae City with periodic progress reports, as reasonably requested by the City designee, regarding the status of construction of the Project'
As set forth in the Schedule of Perfonnance, it is understood and agreed that (8) units Developer shall not have the right to issuance of building permits for_ the last eight issued uppror.d by City for develop-Jnt in the Fruit Street Project until the date that City has uritaing permiti for of ali of the project Units and_ Developer has commenced "hard" of construction construction of all of the Project Units based thereon, with such commencement to be evidenced by the placement of forms and pouring of foundations'
Notwithstanding any other provision set forth in this Agreement to the contrary, does not Developer acknowledges thal Ciiy's approval and execution of this Agreement nor does City hereby constitute an approval-of either the Fruif Street Project or the Project, thereto' City prejudge o, any commitments as to the actions it may take with respect -uk. relating to its ir.rrui reserves its htt legislative discretion with respect to all matters disapprove any of-the consideration of such matters. In the event City takes final action to Project or City project Development Approvals required for either the Fruit Street Project or the City shall upprou., *y of such iLms subjeci to conditions that Developer finds unacceptable, remedy shall be to terminate this not be deemed to be in Default hereunder and Developer's only party or obligations to the other Agreement, in which case neither shall have any ftrther rights whatever legal rights or party hereunder; provided, that Devetoper does not.hereby waive ,.*.di., it might have against City in the absence of this Agreement' 3.2 project Development Approvals and Plans and Specifications. shall file Within the times set forth in the Schedule of Performance, Developer Approvals and (ii) Plans and complete applications with city for (i) the Project Development Specifications for all of the Project improvements'
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City shall review and approve or disapprove Developer's applications for the Project Development Approvals within the time set forth in the Schedule of Performance and shall act reasonably in considering same.
City and Developer intend that no Affordable Housing Units will be provided in the Fruit Street Project and City's fifteen percent (15%) inclusionary housing requirement for the Fruit Street Project will be satisfied with the Project to be developed pursuant to this Agreement. If City approves fewer Units for the Project than the number required to enable Developer to satisfy the fifteen percent (15%) inclusionary housing obligation for the Fruit Street Project, Developer may satisfy the obligation with respect to the remaining required affordable housing Unit(s) by paying in lieu fee in the sum of Twenty Thousand Dollars ($20,000) per Unit. Thus, for example, assuming City approves Developer's application to develop fifty (50) Units in the Fruit Street Project, Developer's affordable housing obligation would be to develop eight (8) affordable housing Units in the Project. (50 X .15 :7.5.) Il however, City approves only seven (7) affordable Units in the Project, Developer shall have the right to satisff the balance of its inclusionary housing obligation with respect to the Fruit Street Project by developing the seven (7) City-approved affordable housing Units in the PJoject and paying an inJieu fee to City of i*.n V Thousand Dollars ($20,000) ior the eighth 18th1 Unit.
If City disapproves Developer's applications for any of the Project Development Approvals, its disapproval shall be in writing, shall identifr the reasons for the disapproval, and shail specify the actions that Developer needs to take to obtain City's approval. Notwithstanding uny oth.r provision set forth in this Agreement, if City changes the Project through its final u.iio, on Developer's application(s) for the Project Development Approvals (e.g., by reducing the number of Units inconsistent with the terms set forth herein) or imposes conditions or requirements on the Project inconsistent with the terms and conditions set forth in this Agreement or that Developer otherwise reasonably determines render the Project infeasible, Dlveloper shall have the right to terminate this Agreement upon delivery of written notice to City. Ii Developer does not deliver written notice to City of Developer's intention to terminate this Agreement ior such cause within thirty (30) days after City takes final action on the Project Development Approvals, Developer shall be conclusively deemed to have waived any right of termination it might have under this Section 3.2.
Within the time(s) set forth in the Schedule of Performance, Developer shall file complete plans and Specifi.uiiorr for the Project with City in sufficient detail to enable Developer to obtain Building Permits.
Developer's Plans and Specifications shall be consistent with the Project Development Approvals. City's Building Official or designee shall have the authority on behalf Specifications and shall do of City to review and approvl-fortt or disapprove Developer's Plans and so wit-hin the time(s) ..i in the Sihedule of Performance and he/she shall not unreasonably withhold or condition hislher approval of the Plans and Specifications and shall not disapprove the same for reasons that *L- ir.onristent with the terms and conditions of the Project Development Approvals and other generally applicable City codes and requirements. If the Building Officiai or designee disapproves any of the Plans and Specifications, his/her
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disapproval shall be in writing, shall identify the reasons for the disapproval, and shall speciff the actions Developer needs to take to obtain approval.
In connection with construction of the Project, Developer shall comply in all by respects with the project Development Approvals and the Plans and Specifications approved City.
3.3 ConstructionContract(s).
Developer shall retain Brandywine Homes or other reputable and financially the responsible general contractor (a "General dontractor") to undertake the construction of -snU Manager or his/her rroi..t anA deliver a copy of the Construction Contract to the City designee can confirm designee which shal include a'siipulated sum (so that the City Manager or vice and"verify that it is consistent with the Project Budget and the Construction Loan, and or entity affiliated versa). f tfre General Contractor is an entity other than Brandywine Homes Manager with ilrandywine Homes it shall be acceptable to and approved in writing by the city General contractor shall or his/trer designee in the exercise of hisdrer reasonable discretion. The by City for the type(9 be licensed in Califomia, shall have any other licenses generally required constituting of work involved, and s6all be experienced in constructing the type of improvements the Project.
be responsible Except as expressly set forth in this Agreement, Developer shall and construction of the Project' for all costs, .*p.rrrir, and fees associated with the development Property and costs to plan, including without limitation payment of the Purchase Price for the construct, supervise, inspect' market' engineer, design, oUOin gore'mmental permits for, finance, and sell the Units and related improvements'
3.5 Rights of Access and Inspection' to which City may In addition to those rights of access to and across the Property right of access to the be entitled by law, members of the City staff shall have a reasonable notice to property, without tfr*g. or fee, during normal tusiness hours, upon reasonable or the construction foreman) to inspect Developer (which *uv u'. telephonic noti-ce to Kye Evans property with the development of the Project' the work being perfo'rmed on the in cinnection City codes, City shall have no Other than City's normal inspection'duties under applicable and City shall not be liable for obligation to perform any inspiction with respect to the-froject (or that could or should have been any falure to oisciose uirv inrorrnation discovered by city to the Property, it shall by any city inspection). ricitv exercises its right of access discovered by Developer's General (i) comply with ali applicable ,uf.t1 rules established and enforced any damage caused to the Property or Contractor o, .orrrt*"tion manager; (ii) promptly r9gai1 defend, and hold harmless porrion thereof *i;i;t out of iuch'.riry; ind tiiil indernniff, respective members, directors' officers' Developer, Developer's General Contractor, and tLei, any and all claims, liabilities' and losses employees, agents, and subcontractors from and against loss arising out of such entry' for personal injury or death, property damage, andiconomic
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3.6 Local. State and Federal Laws.
Developer shall cany out the construction of the Project in conformity with all applicable federal, state, and local laws, including all applicable federal and state occupational safety and health standards.
3.7 City and Other Governmental Aeency Permits and Approvals.
Before commencement of construction or development of the Project, Developer shall (at Developer's expense) secure, or cause to be secured, any and all permits which may be required by City or any other govemmental agency having jurisdiction over such construction or development.
3.8 No Discrimination During Construction.
Developer, for itself and its successors and assigns, agrees that it shall not discriminate against any employee or applicant for employment because of age, sex, marital status, race, haidi.up, .olor, ieligion, creed, ancestry, or national origin in the construction of the Project.
3.9 Taxes. Assessments. Encumbrances and Liens'
From and after the Close of Escrow, Developer shall pay when due all real property taxes and assessments assessed or levied on portions of the Property from time to time owned by DeveloPer.
3.10 No Agency Created.
In performing this Agreement, Developer is an independent contractor and not the whatsoever agent of City. Not is City an ageniof Developer. City shalt have no responsibility for payment to any contractor or supplier of Developer or its contractors. Developer shall not have any responsibility whatsoever for payment to any contractor or supplier of City. 3.11 Certificate of Completion: Additional Conditions to Certificated Occupancv.
Upon Developer's completion of the improvements that Developer is required to the City Manager construct on each separate totfUnit within the Project, Developer may apply to or or hislher designee for a Certificate of Completion for said lot/Unit. The City Manager five (5) designee shall approve and issue or deny a re(uested C_ertificate of Completion within days-after receiii of Developer's written request therefor. The City Manager's or designee's approval and issuance of a requested Certificate of Completion shall not be unreasonably .inaitiorr.A or denied and, in this regard if City has issued its final inspection or certificate of this occupancy for the tot/unit in question and Developer is not in material default under for egre"rrr.nt, Developer shall be diemed entitled to issuance of the Certificate of Completion no event shall said lot/Unit. Notwithstanding any other provision set forth herein, however, in provides City be obligated to issue a Certificat. oi orcrpancy for a loVunit until Developer
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satisfactory evidence to the City Manager or designee that Developer has caused the Notice of Affordability Covenants and Unit Regulatory Agreement and CC&R's to be recorded against that lot/unit. Any disapproval by the City Manager or designee of a requested Certificate of Completion shall be in writing and shall identify the reasons for disapproval and the actions Developer needs to take to obtain approval.
The City Manager's or hisftrer designee's issuance of a Certificate of Completion shall constitute City's conclusive determination that Developer has complied in all respects with its construction obligations set forth in this Agreement pertaining to said Unit. Any person or entity owning a lot/Unit as to which a Certificate of Completion and a Certificate of Occupancy has been issued or who acquires any interest in said parcel shall not (because of such ownership or acquisition of such interest) incur any obligation or liability under this Agreement except for those continuing covenants as are set forth in the Grant Deed, the Notice of Affordability Covenants, and Unit Regulatory Agreement recorded against that particular lot/Unit.
A Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any Holder of a Developer Deed of Trust or other mortgage, or any insurer of a mortgage securing money loaned to finance the Project or any portion thereof. A Certificate of Completion is not a notice of completion as referred to in California Civil Code Section 3093.
The form of each Certificate of Completion shall be as set forth in Exhibit "D" attached hereto. The City Manager or his/her designee shall execute, acknowledge, and deliver each Certificate of Completion to Developer so that Developer may record the Certificate of Completion against the lot/Unit in question in the Offrcial Records of Los Angeles County. 3.12 Affordable Housing Unit Restrictions and Obligations: Subordination Agreement.
Subject to Section 3.14 below, each of the affordable housing units within the Project (collectively, the "Affordable Housing Units") shall be sold at Affordable Housing Cost only to a Moderate-Income Household who intends to occupy the Unit as hisArer/its primary ,..id.n... The obligations of Developer and its successors and assignees with respect to the sale, resale, and occupancy of the Affordable Housing Units shall be memorialized in the Notice of Affordability Covenants and Unit Regulatory Agreement set forth in Exhibit "E" and Exhibit "F" attached hereto, which documents shall be recorded against each of the lots on which an Affordable Housing Unit is to be constructed in accordance with this Agreement and in no event later than the cloself escrow for Developer's sale of the Affordable Housing Units to the initial purchasers thereof.
Upon the written request of Developer or any prospective or actual Holder of a Developer Deed of Trust, City covenants to execute and acknowledge an agreement subordinating the covenants and ristrictions pertaining to the Affordable Housing Units set forth in this Agreernent, the Notice of Affordability Covenants, and the Unit Regulatory Agreement to the lien of the Developer Deed of Trust (a "subordination Agreement"). City shall have the right to require that the Subordination Agreement provide to it (i) a right to cure a default on the is lo-an securing the Developer Deed of Trust within the time period for curing such a default that
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available to Developer thereunder, (ii) an agreement that if prior to the Holder's foreclosure of on the the loan City takes iitl. to the Affordable Housing Unit in question and cures the default reason of the loan the Hoider will not exercise any right it may have to accelerate the loan by receipt of a notice of transfer of title to City, (iii) a right tonegotiate with the Holder after City's of the Holder or default from the nordei (provid"ed that such right shall not limit the discretion (iv) a r.quir. Holder to delay any foreclosure or relaied proceedings with regard to-its loan), and a default on the ,ijtt to purchase tne erroiaable Housing Unit from Developer at any time after conveyance ft-older,s loan and prior to completion of any foreclosure proceeding or Developer's such Subordination of a deed in lieu of foreclosuri, whichevei first occurs. The form of any City; provided, Agreement shall be prepared by Developer or the Holder at no cost to lhat Jhe Ciiy Attorney shali have the ,.uronubl. right to approve the form of the Subordination of preceding sentence. City hereby finds etr..-.nt u. U.irj.onsistent with the provisions thg the that an economicaily feasible alternative method of financing, refinancing, or assisting providedfol in Affordable Housing tJnits on substantially comparable terms and conditions as is further finds that this Agreement, buiwithout subordination, is not reasonably available, an! CilV Agreement, if the written commitments referred to herein are incorporated into the Subordination City's investment in the event of default will be adequately protected'
3.13 Marketing of Affordable Housing Units' Project Developer shall commence marketing the Affordable Housing Units in the no later than six (6f months prior to the projeited completion of construction. Initially, residents; advertising advertising for the saie of the Afiordable Houslng Units will focus on local the publications on City-oierated bulletin boards at city Hall andon City's website, and through of local community groups (whose names and contact information City shall provide to of the Developer). ln adiiti"on, iro3L.t signage shall include information regarding the sale all Affordable Housing Units. Contact and application information shall be included in period of Affordable HousiniUnit advertisements. If necessary, following the initial advertising Housing Units at least sixty (60) d-ays, Developer may advertise the availability of the Affordable from Preferred Buyers shall on a wider basis. eppiicationsieceired during the initial advertising be given preferen# over non-preferred Buyers to the extent legally permissible. If the period, buyers of the Affordable Housin! Units are over-subscribed during the initial advertising by Developer Affordable Housini Units shall be selected by lot in a manner to be agreed upon shall be considered based on and City. Applicatftns received after the initial advertising period a refundable deposit into compleieness'and timeliness of their applications and the deposit of regulations, without .r.ro* as permitted by applicable caii-fornia Department of Real Estate regard to rv-hether they are Preferred or non-Preferred Applicants.
3.14
Purchasers. to prior to the Agreement Date, City has notified Developer that City may wish loans secured by provide financial assistance to horn. purchasers in the Project in the fo-rm of junior to the purchasers' ,.silent second,, truJieeds (f.e., deeds of trust that are and subordinate terms to be determined p;il;t mortgage loans), which loans would be reducid ot t*"used on
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by City in its sole discretion if the purchasers/borrowers comply with covenants established by city or., a period of years to be deiermined by city. If city provides such financial assistance, it may do so in order to make the Affordable Housing Units affordable at Affordable Housing shall have no Cost io Lower-Income Households rather than Moderate-Income Households. City obligation to provide such financial assistance.
If City elects in its sole and absolute discretion to proceed with such financial commences assistance program, City shall so notiff Developer prior to the time Developer shall cooperate marketing in. l,rroiaabll Housing units in the Project and thereafter Developer witfr Citi to implement City's inancial assistanCe program, provided that: (i) City shall be progfttm entirely ,.rponritl. for creaiing the terms and conditions of such financial assistance needed to implement i-t, and and the form of loan agreemeni deed of trust, and other documents "no (ii) the deed of trust Developer shall have ,.rponribitity whatsoever with respect thereto_; the lender(s) securini city,s loan shall ue in a form reasonably acceptable to Developer and junior and providiig pri-*y financing to the home purchaser(s) to ensure city's deed of trust is be required to d91_ay the subordinate to such primar! financing; liii; in no event shafl Developer result of any delay or marketing and sale of any of the Airorauute Housing Units as a program; and intemrpt[n by city in formulating or implementing city's financial assistance (iv) price any of the Affordable Housing in no event shall Developer be req-uired to reduce the saie of to a Moderate-Income Units below the level that would constitute Affordable Housing Cost in fact marketed to and sold to a Household. If one or more of the Affordable Housing Units are progftIm, Developer Lower-Income Household, in accordance with city;s financial assistance the form of the Notice of and City shall cooperate in making appropriate to -reyi.sions Regulatory Agreement Restrictions on Transfer-of Proferty (Exhibit E) and Unit Affordability against the purchaseilsioitt" upplicable Unit(s) and recorded 1pxfrfbi1 D to be entered into by their lots.
4. and obliqations. 4.1 Restrictions on Transfer of Developer',s Rights
4.1.1 General. qualifications of.Developer are of Developer acknowledges that the identity and idintity and qualifications that city particular concem t;-aity, and it is 6ecause of Deveroper's Accordingly, except as.expressly set forth in has entered into this eJr..rn.nt *itf, n.u.lop.t. date on which the City Manager or hisftrer this Section 4.1, between the Agreement Date and the within the property, no voluntary or issues the certificut. of completion for a lot/unit designee acquire any rights or involunta*ur..rro, in interest to Developer (,a 'oTransferee") shall or the provisions of this Agreement powers under ttris egreement with respect to ruia lot/unit written approval' The restrictions set forth in that pertain to said ilyUrrit without Ciiy's prior force oi effect as to any lot/unit for which a this Section 4.1 shall terminate and be oi no n rttter Certificate of Completion has been issued'
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4.1.2 Permitted Transfers.
Notwithstanding any other provision set forth in this Agreement to the contrary, Agency approval of an assignment of this Agreement or a total or partial sale, transfer, conveyance, assignment, subdivision, financing, refinancing, lease, or sublease (collectively, a "Transfer") of any separate legal lot within the Property for which City has not previously issued a Certificate of Completion shall not be required in conjunction with any of the following: (i) the conveyance or dedication of public service easements or utility easements in, on, under, or over any portion of the Property to City or any other appropriate governmental agency or utility company-to facilitate development of the Project consistent with the Project Development Appiovals and this Agreement; (ii) any Transfer to the Holder of a Developer Deed of Trust or any successor or assignee of the Holder, including without limitation any successor or assignee of ttre original Holdeithat acquires its interest pursuant to the foreclosure of a Developer Deed of Trust, as a nominee of the original Holder by means of a deed in lieu of foreclosure, or any other successor or assignee, direct or indirect, of any such person or entity; (iii) any Transfer to an entity in which one or a combination of Developer, Brandywine Homes, a California corporation, Brandywine Residential, a Califomia corporation, and the individuals who directly or indirectly own a majority of the beneficial interests in said entities retain operational control over the management, development, and construction of the Project (or the portions of the project for whiJh Certificates otCompletion have not been issued as of the date of the Transfer), to and subject to the right of norr-marragerial members, partners, or shareholders, as applicable, exercisJ voting rights with respect to so-called "major decisions"; (iv) any Transfer to a homeowner', urro.iution formed with respect to the Project and/or to any person or entity acquiring a completed lot/Unit in the Project in the normal course of business; (v) any Transfer resultinffrom the death or mental or phyiical incapacity of an individual; and (vi) any Transfer in trust to a family member for estate planning purposes (provided n9 chg8e of management 4.1.2, control occurs). In addition, notwithstanding any other provision set forth in this Section prior Developer shail have the rigirt to dissolve, mirge, consolidate or otherwise reorganize upon written notice to City but ivithout City approval or consent as long as Developer continues to Brandywine operate either under its name (as said ,urn. exists as of the Agreement Date), Fio-.r, Brandywine Residential, or any successor trade name being used by the ongoing and Developer entiiy; and so long as Developer, Brandywine.Homes, Brandywine Residential' the individuals who directl/or indirectiy own a majority of the beneficial interests in said and entities, as applicable, retain operational control over the management, development, Completion construction of the project (or the portions of the Project for which Certificates of non-managerial have not been issued as of tfre date, of the Transfer), and subject to the right of respect to so- members, partners, or shareholders, as applicable, to exercise voting rights with ,,major Developer, called decisions"; (vii) seil ownership interest in Developer so long as indirectly own Brandywinl Ho-"r, Brandywine Residential, and the individuals who directly or retain operational control over a majoritv of the beneficialinterests in said entities, as applicable, of the Project for the manalement, development, and construction of the Project (or the_portions and which Certificates of Compteiion have not been issued as of the date of the Transfer), to the right of non-rrr*ugerial members, partners, or shareholders, as applicable, to ,,rU3..t o'major exe"rcise voting rights with respect to so-called decisions."
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4.1.3 Assignment and Assumption Agreement.
An executed Assignment and Assumption Agteement (or a document effecting a Transfer that includes the substantive provisions of an Assignment and Assumption AgreemenQ shall also be required for all propor.d Transfers with respect to the Property or the portion thereof so Transierred, whethei oi not City's consent is required, if the Transfer is to another person or entity that will have the obligation to construct all of any portion of the Project (which obligation the iarties agree does not apply to the Holder of any Developer Deed of Trust).
4.1.4 City Action re Requested Transfer.
City shall approve or disapprove any Developer request for approval of a Transfer that requires City upprouui within thirt, (30) days after City's receipt of Developer's written request (or, if within fifteen (15) days after receipt of Developer's request City responds in writing by stating what additional information City needs in order to evaluate Developer's reques-t, within ttrirty (30) days after City's receipt of such additional information from Developer). A failure to timely respond shall be deemed disapproval, but any written disapproval shall include the reasons therefor. Section 4.1.1,4.1.2,4.1.3 and this Section4.l.4 *. io be interpreted in light of the fact that City will convey the Property to Developer for the purpose of providing affordable housing in conjunction with development of the Fruit Street Project only and not for speculation in undeveloped land.
4.2 Holders of Deeds of Trust.
Developer shall have the right to hypothecate its interest in the Property and the project to a lender (heiein, a "Holder") for the purpose of securing a loan or loans of funds to be .rr.i fo, financing the direct and indirect costs of the Project (including land acquisition costs, reasonable and customary developer fees, loan fees and costs, and other normal and customary soft and hard project costs) (a "Developer Deed of Trust").
4.3 Rights of Holders.
City shall deliver a copy of any notice or demand to Developer concerning any alleged breach or befault by Developer under this Agreement to each Holder. Such Holder shall havJ the right at its option to cure or remedy any such breach or default and to add the cost can only thereof to the secured debt and the lien of its security interest. If such breach or default remedy or be remedied or cured by such Holder upon obtaining possession, such Holder may cure such breach or difault within a ieasonable period of time after obtaining possession, The provided such Holder seeks possession with diligence through a receiver or foreclosure. Holder shall not be obligatea Uy tt. provisions of this Agreement to construct or complete the project or any portion tLereof 6r to guarantee such construction or completion; nor shall any such Holder; covenant or any other provision in ihir Agr..ment be construed so to obligate provided, however, tt ui (i) nothing in this Agreement shall be deemed to permit or authorize construct any such Holder to devote the Property or any portion thereof to any uses or to authorized in this improvements thereon other than those uses *d i*prorements provided for or or completion of Agreement and (ii) such Holder shall not undertake or continue the construction or complete the improvements comprising the Project beyond the extent necessary to conserve
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the the same without assuming Developer's obligations hereunder. Any Holder completing within the improvements that Developir is required to construct on and with respect to a lot/Unit property shall have and bi subject to all of the rights and obligations of Developer set forth in for said trris agreement, including the iight to City's issuance of a Cenificate of Completion lot/Unit.
4.4 Noninterference with Holders'
The provisions of this Agreement do not limit the right of Holders (i) to foreclose portion of the or otherwise enforce any Developer beed of Trust encumbering all or any of any Property or the improvements thereon, (ii) to pursue any remedies for the enforcement or cause its nominee pledge tr fien .n..r.b.rirg such portioni of tne Property, or (iii) to accept, realization. io uc"..pt, a deed or other.irr.y*re in lieu of foreclosure or other 4.5 Rieht of ciff to cure.
In the event of a default or breach by Developer of a loan by a Holder prior to Completion, City Developer,s completion of construction and City's issuance of a Certificate of City shall be may cure the default prior to the completion of any foreclosure. In such event, demand of all costs entitled to reimbursement from Developer within ten (10) days after written a lien upon the Property (or and expenses incurred by City in curing the default. gity shall have extent of such costs portion thereof as to which the defautt occurred), with power of sale, to the lien in favor of a and disbursements. City agrees that such lien shall be subordinate to any to time any and all Holder, and the City tvtanalr. or his/her designee shall execute from time such subordination. reasonable documentation rJasonably requested by Developer to effect
4.6 Right of City to Satisft Other Liens' time to After the Close of Escrow and after the Developer has had a reasonable or any portion thereof' and challenge, cure, or satisfy any liens or encumbrances on the Property notice to Developer, have has failed to do so, ir rJt ot. or in part, City shall, upon prior written in this Agreement shall the right to satisfy any such lien or encumbrances;-however, nothing any tax' assessment' lien' or require Developer to pay or make provision for the payment of or amount therein and so long charge so long u. o.u.roper in good faith shall contestihe validity portion thereof to forfeiture or as such delay in payment shall not subject the Property or any sale.
5. USE OF THE PROPERTY. 5.1 Obligation to Refrain from Discrimination' against or Developer covenants and agrees that there shall be no discrimination sex, marital status' age' handicap' segregation of any person, or group of perions, on account of transfer' use' occupancy' tenure ,uJ., iolor, religion, creed, nuttruiorigln or ancestry in the sale, person claiming undel or through or enjoyment of the Property, and Deieloper (itseli and any practices of discrimination or Developer) shau not esiablish or permit any'such practice or
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segregation with reference to the selection, location, number, use or occupancy of vendors of the Property or any portion thereof.
5.2 Form of Nondiscrimination and Non-Seqregation Clauses.
Developer shall refrain from restricting the sale of the Property or any portion thereof, on the basis oi sex, age, handicap, marital status, race, color, religion, creed, ancestry or national origin of any perron. All deeds and contracts relating to the sale or transfer of the property shill contain br be subject to substantially the fotlowing nondiscrimination or non- segregation clauses:
L In deeds: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listea in subOivision (a) or (d) of Section 12955 of the California (m) Government Code, as those bases are defined in Sections 12926,12926.1, subdivision and (p) of Section 12955, and Section 12955.2 of the California ^CorI--.ntparagraph (1) of subdivision bode, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of or through the land herein conveyed, nor shall the grantee himself or any person claiming under with him, establish or p.r.it'*y such praclice or practices of discrimination or segregation subtenants, reference to the silection, llcation, number, usi or occupancy of tenants, lessees, shall run with the subleases or vendors in the land herein conveyed. The foregoing covenants land.
Notwithstanding the immediately preceding paragraph, with respect to for older persons, as famitial status, said paragraph shatl not b. construed to apply to housing .j:gs:,;g to familial status, defined in Section ortn. California Govemment Code. With respect nothinginsaidparagraphshallbeconstruedtoaffectSections 51.2,51.3,51.4,51'10,51'1l,and citizens. Subdivision (d) of 7gg.5 of the California Civil Code, relating to housing for senior (n), (o) and (p) of Section 51 and Section 1360 of the califoiria civit code and subdivisions paragraph." Section l}g55 of the California Govemment Code shall apply to said 2. In contracts relating to the sale or transfer of the Property, or any ,.There any person or group interest therein: shall be no discrimination against or segregation-of (a) (d) Section 12955 of the of persons on account of any basis listed in subdivision or of 12926,12926.1, subdivision California Government Code,Ls those bases are defined in Sections Section 12955'2 of the California (m) and paragraph ait"isubiivision (p) of Section l2g55,and tenure or enjoyment of Govemment COde, in the sale, lease, ,rblrura, transfer, use' occupancy, under or through him' establish the land, nor shall the transferee himself or any person claiming with reference to the or permit any suctr-prurti." or practices of discrimination or segregation subtenants' sublessees or selection, Iocation, number, use or occupancy, of tenants, lessees, vendees of the land.
Notwithstandingtheimmediatelyprecedingparagra^ph,withrespectto housing for older persons' as familial status, said paragraph shall nlot b" construed to apply to respect to familial status, defined in Section igsig ortn" california Government code. with nothinginsaidparagraphshallbeconstruedtoaffectSections 5l'2,51'3,51'4,51'10'51'11'and
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7gg.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section5l and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the Califomia Government Code shall apply to said paragraph'"
6.
6.1 Defaults - Definition.
The occurrence of any or all of the following shall constitute a default ("Default") as may be under this Agreement: (i) subject to such extensions of the deadlines for performance in authorized Uy tfre .*pr.r. terms of this Agreement, and Force Majeure Delays described Agreement Section 6.6, Lither party's failure to timely perform its obligations set fonh ,_t this the non-defaulting and the continuance of such breach for a-period of (i) ten (10) days after the breach or failure to party delivers a written notice of default 1o the defaulting Party _(if Party perflr- involves the payment of money) or (ii) thirty (30) days after the non-defaulting failure to perform delivers a written notice of default to tiie defaulting Party (if the breach or a breach or involves any obligation other than the payment of money); provided, however, if (30) period, failure to perform under clause (ii) is not ieasonably curable within such thirty day Default only if such Party then the party that has so failed to timely perform shall b_e deemed in such thirty (30) day period does not commence to cure such breactroi failure to perform within to completion; or (iii) the filing or if such party fails thereafter to diligently prosecutJsuch cure of a receiver or trustee of a petition in Uantruptcy by or agaiirst .ith.r Party or the appointment assignment by a for the benefit of creditors' or an ;i ;, property of either Party, or an -Party of such Party to cause such adjudication that such Party is insolvent b! a court, q9 tl" failure within ninety (90) days' f.iition, appointment, o, uriigrrrnent to be iemoved or discharged 6.2 Remedies' the remedies for a Except to the extent this Agreement expressly limits orrestricts -be Party for all damages, party,s Default, a d'efaulting party shall tiable to the non-defaulting and the non-defaulting Party may seek costs, and losses incurred by the non-defaulting Party, or equity, including but not limited to against the defaulttdp"rty ;y available remed--ies at law performance. Notwithstanding the right to receive damages or to pursue an action for specific damages consisting of lost the foregoing, in no ,r.it shall Developer be liable to City for anticipated tax revenues.
6.3 No Personal Liability' No official, director, officer, member, partner, representative' agent' attorney' personally liable to the.other Party or to any consultant, or employee of either Party shall be party any Default or breach hereunder or for any successor in interest of the other in the evenf of other Party or to any successor in interest of amount which may become due by one Party to the such PartY.
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6.4 Rights and Remedies are Cumulative.
Except to the extent this Agreement expressly limits or restricts a Party's remedies for a Default by the other Party or makes a particular remedy exclusive, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same Default or any other Default by the non-defaulting Party.
6.5 Inaction Not a Waiver of Default.
Any failure or delay by either Party in asserting any of its rights and remedies as to any breach or Default by the other Party shall not operate as a waiver of any such breach or Oefault or of any such righis or remedies, or deprive either such Pany of its rights to institute and or enforce maintain *y urtiorrr or lroceedings which it may deem necessary to protect, assert, any such rigtrts or remedies. The acceptance by a Party of less than the full amount due from the other party shall not constitute a waiver of such Party's right to demand and receive the full amount due, unless such Party executes a specific accord and satisfaction'
6.6 Force Majeure Delays.
Notwithstanding anything to the contrary in this Agreement, a Party's obligation to perform shall be .*rur.J and thi deadline for performance shall be extended when p.rfor-*.e is prevented or delayed by reason of any of the following forces reasonably beyond other labor the control of such party (each, u "f,'oi." Majeure Delay"): (i) a strike, lockout, or 'not hereto), civil disturbance (whether or on the part of the employees of either Party disturbance, hrtur. order claiming juriidiction, act of the public enemy, war, riot, sabotage, ordinary blockade, embargo, inability to secure customary materials, supplies, or labor through body; (ii) severe sources by reason of reguiation or order of any govemment or regulatory explosion' or any weather, l-ightning, earthq-uake, fire, storm, hurricane, tomado, flood, washout, or any person or other similar cause; (iii) litigation instituted by a Party other than Developer .ntitv affrliated with beveloier auacking the rAiaity or enforceability of this Agreement, *y 9f Approvals for the Fruit the Project Development Approvalr, or-*y of the Project Development and transactions Street Project, or the right'of either Party to engage in any of the acts Delay based on such contemplaied by thi; Ag;ment; provided, irowever, that a Force Majeure (1) year iiiig"ti* (consisting of one or more actions) may not, collectively, exceed one calendar Force Majeure Delay for such unless the parties uir.. in writing to fufthe; extind the period of other govemmental agency cause; (iv) building or development moratoria, failures of City or any or contemplated with jurisdiction to act or issue any permits or approvals required for the Project agency; provided, by this Agreement within a time p.iioa normallor City or iuch governmental time to perform under however, that city delays or failures to timely act shall not extend city's or funds shall not constitute this Section 6.6. Failure to obtain, or a delayin obtaining financing to Force Majeure Delay a Force Majeure Delay. Any prevention, delay, or stoppage due Ty time equal to any sucJl shall excuse the performance of the Party afiected foi a period of Majeure Delay shall prevention, delay, or stoppage. The Party claiming. the-right to a Force Majeure Delay notify itre other pariy of the existlnce or claimed existence of any Force iromptly the commencement of the within a reasonable time (not to exceed ten (10) business days) after Force Majeure DelaY.
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6.7 Attorneys'Fees.
If either Party brings an action to enforce the terms hereof or declare its rights hereunder, the prevailing Party in any such action shall be entitled to its reasonable attomeys' fees to be paid by the losing Party as fixed by the court.
6.8 Venue and Persons Authorized to Accept Service of Process.
The Parties consent to the exclusive jurisdiction of the California Superior Court for the County of Los Angeles. If any legal action is commenced by Developer against City or by City against Developer, service of process on City shatl be made by personal service upon the City ftt*-uger or City blerk, or in suih other manner as may be provided by law. If any legal action is commenr.d by City against Developer, service of process on Developer shall be made by personal service on-Breti Whitehead, or in such other manner as may be provided by law. process in O.uetop., agrees, for the benefit of City, that it shall designate an agent for service of the State of California in the manner prescribed by law. 7. INSURANCE: INDEMNITY'
7.1 Insurance.
From the Close of Escrow until City's issuance of its Certificate of Completion for the Unit to be developed on each separate legal lot within the Property, Developer shall obtain and maintain at no cost or .*p.rrr. to City, with an insurance company reasonably insuring against acceptable to City,s Risk Manager, (i) commercial general liability insurance, construction' use, claims and liability for bodily i"j*y and property damage arising from the shall provide occupancy, condition, or oplration- of thi Property, which tiability insurance with a ,or.iug.-ii*it, of at leasi $1,000,000 per occurrence and $1,000,000 aggregate, and maximum $25,000 deductible or self-insured retention, and with contractual liability liability insurance proaurt. and completed operations coverages, and (ii) commercial automobile deductible or self- of at least $1,000,000 combined single li*itr, with a maximum $25,000 council members, insured retention. Such liability insurance policies shall name City and its officers, and employees as additional insureds'
Before commencement of any demolition or construction work by I)eveloper, shall obtain and Developer on any portion of the Property owne_d by- Developer insurance, in a form maintain in force until completion of such-work:(i) "all risk" builder's risk and (ii).workers' compensation and amount and with a company reasonably acceftable to City; with work on the Project, insurance covering all persons employed uy nevetoper in connection any portion of the Property by or any portion thereof. During the construction of the Project on place and all material and Developer, such builder's risk insurance shall cover improvements in .quip-.ni at tfre lob site furnished under contract, but shatl exclude contractors', and property owned by subcontractors,, and construction managers' tools and equipment contractors' and subcontractors' employees'
Developer shall also furnish or cause to be fumished to City evidence for the performance of work satisfactory to City that any contractor with whom it has contracted
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on the Property or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law.
With respect to each policy of insurance required above, Developer and each of Developer's general contractors shall furnish to City a certificate on the insurance carrier's form sitting forth the general provisions of the insurance coverage promptly after written request by Agency showing the additional instreds. The certificate shall also be furnished by Developer prior to commencement of construction of any portion of the Project.
All such policies required by this Section shall contain (i) language to the effect that the policies cannot be cancelled or materially changed except after thirty (30) days' written notice by the insurer to City (or after ten (10) days' notice if cancellation is due to non- renewal or non-payment); (ii) a waiver by the insurer of all rights of subrogation against City and the other additional insureds; and (iii) an endorsement that said policy is primary and non- contributory.
7.2 Indemnity.
From and after the Agreement Date, Developer shall indemniff, defend, protect, and hotd harmless City and its council members, officials, employees, consultants, and agents (collectively, the,,Indemnified Parties") from and against all claims, liabilities, losses, damages (including foreseeable or unforeseeable consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable out of or attorneys' fees; and demands o? *y nature whatsoever (collectively, "Claims") arising validity or in connection with any of the following: (i) any third party legal challenge to the of enforceability of this Agreement, *y of the Project Development Approvals, or the right Agreement; (ii) either party to engage iri any of the acts and transactions contemplated by this Developer;s deretfment and construction or the Project and the use, ownership, management, (iii) any of occupancy, o, porr.ssion of the Property or any part thereof by Developer; O.r.top..;s activities on the Property (or the activities of Developer's agents, employees, or independent Iessees, representatives, liCenSaar, grrartr, invitees, ContractorS, subcontractors, hereunder' The contractors on the property); *a liu) any breach or Default by Developer or are foregoing indemnity outiguiiorr shall apply regardless-of whether such claims accrue Notwithstanding the discovered before or after termination oi ."pitution of this Agreement. (i) acts or omissions foregoing, however, the foregoing indemnity tbfgations shall not apply to more of invjvin['the willful misconluct, gross n.giig.n.., or sole active negligence of one or Default by city of any of its the Indemnified parties, (ii) acts oiomissio-nslnvolving a breach or any person or entity other obligations set forth in this Agreement, or (iii) acts oi omissions of later of (A) City's issuance of than the Developer or its agents or contractois'occurring after the within the Project or (B) if the final Certif,rcate of Coripletion for the final Unit to be developed to a particular lot/unit the act or omission relates to an event or occrurence on or with respect lot/Unit. City within the project, after City's issuance of a Certificate of Completion for that indemnity obligation shall promptly notify o"r.lop., of any Claim that is subject to Developer's As long as hereunder and shali ,oop.r'ut with Developer in the defense of said Claim' Section 7.2, Developer shall Developer indemnifie, th. Irrd.-nified Parties as required in this and expense; provided, however' retain the authority to settle any Claim at Developer's sole cost
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that Developer shall not have the right as part of any settlement to unilaterally agree to change or amend any provision of this Agreement or any of the Project Development Approvals. City may in its disci.iiorr, and at its own cost, participate in the defense of any legal action naming City. The provisions of this Section shall survive the Close of Escrow and, subject to clause (iii) in the thirdsentence of this Section 7.2, shall survive the termination of this Agreement.
8. REPRESENTATIONS AND WARRANTIES.
8.1 DeveloperRePresentations.
Developer represents and warrants to City as of the Agreement Date and as of the such of Close of Escrow ttrat: 1iy'Developer is a limited liability company (or, if form City), organization changes atei ifre Agreement Date, the form of organization so_represented to ,ulidty existing, and in good standing under the laws of the State of California; (ii) Developer has duly authoiized thelxecution and performance of this Agreement and the execution and performance of all of the closing documents set forth herein (provided such closing documents execution and are consistent with the terms and conditions set forth herein); (iii) Developer's deed perfo.mance of this Agreement and the closing documents will not violate any agreement, is a party or of trust, lease, contract, instrument, order, judgment, or decree to which Developer respect to any by which Developer is bound; and (iv) Developer has not engaged a broker with is liable.for of the transactions contempiated by'this Agieement (provided that Developer and against of a finder's fee and will indemnify, defend, and hold harmless City from payment'*V *A all Claims (as that term is defined in Section 8.2) arising out of such transaction).
8.2 CitYRePresentations' Date City City represents and warrants to Developer that: (i) as of the Agreement by City was is the fee owner of ine entire Property; (ii) the eiecution of this Agreement council of city, city's authorized at a regularly schedured and open public meeting of the city by this p.rnor-un.e of iis obiigations set therein and the transactions contemplated {orth the part of City, and no other Agreement t ur. U..n iuTy authori zed by all requisite. actions on and performance of this authorization or consent by City is required ior City's execution best of City's knowledge' e!r..-"nt; (iii) there *. no actions or pioceedings pending or, to the City before any court or thieatened against City or any official, officer, or employee of perform any of City's administratire agency *ti.t could advlrsely affect City's ability-to provided to be done obligations set foJh'herein; (iv) neither this Agreement nor anything or instrument to which City is hereunder by City violates or wili violate any contract, agreement, against city in a party; (v) this Agreement is a valid and binding ugt..*"nt enforceable y and creditor's rights and accordance with its terms, subject to laws relating to lant*pt a broker with respect to g"n"ruffy applicable equitaUte principles; and (vi) City has not engaged City wilt indemniff, defend' and any of the transactions contemplated by this Agreement and by a broker retained or claiming to hold harmless Developer from and against any claim asserted have been retained bY CitY.
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9. GENERAL PROVISIONS.
9.1 Notices.
All notices and demands shall be in writing and shall be delivered by personal service, by certified mail, postage prepaid, and retum receipt requested, or by a nationally ,.rognir.i and reputable ovimight delivery company (such as Federal Express) that provides a ,...i-pt showing the date and tim; of delivery. Notices shall be considered given upon the earlier of (ij the date-of personal delivery, (ii) one business day following deposit or delivery with a nationally recognLed overnight delivery company, with charges prepaid, or (iii) three (3) States business days following after deposit or delivery shown on the retum receipt in the United mail, postage prepaid,-certified or registered, return receipt requested. A copy of all noticgs deliveied prioi to the Close of Escrow shall be sent to Escrow Holder. Notices shall be gives notice in addressed as provided below for the respective Party; provided that if either Party given as writing of a change of name or addriss, notices to such Party shall thereafter be demanded in that notice:
City: CitY of La Verne 3660 D Street La Verne, California 91750 Attn: City Manager
Developer: Brandywine Acquisitions Group, LLC c/o Brandywine Homes 16580 Aston, Irvine CA 92606 Attn: Kye Evans
9.2 Construction. this The parties agree that each Party and its counsel have reviewed and revised are to be resolved Agreement and that *y *i-. of construction io the effect that ambiguities Agreement or any a!"ainst the drafting farty shall not apply in the interpretation of this as a whole according to its amendments or exhlbits thereto. This Agrelment shall be construed purposes of the Parties' fair language and common meaning to achieve the objectives and
9.3 InterPretation.
In this Agreement the neuter gender includes the feminine and masculine, and and "party" include corporation' singular number include"s the plural, and the;ords "person" Unless otherwise partnership, firm, truSt, or association wherever the context so requires' is to be computed by required by a speciiic'provision of this Agreemenl, time hereunder for performance falls on a Saturday, excluding the first auy #a including the last dlay. If the date extended to the next business day' Sunday, or legal holiday, the date for performance shall be which either party shall have to consent, All references in this Agreement to a number of days in to be business days' upprou., or perform shil mean calendar days unleJs specifically stated
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9.4 Time of the Essence.
Time is of the essence of this Agreement.
9.5 Warranty Against PaJ,rment of Consideration for Agreement.
Developer warrants that it has not paid or given, and will not pay or give, to any third persoo, ffiy money or other consideration for obtaining this Agreement, other than normal costs tf conduciing business and costs of professional services such as architects, engineers, and attorneys.
9.6 Entire Agreement Waivers and Amendments.
This Agreement, together with all attachments and exhibits hereto, and all agreements executed pursuant hereto, constitutes the entire understanding and agreement of the p-anies. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to any employee, officer, agent or representative of either Putty, thereby. No shall be of *y effect uni.r, it is in writing and executed by the Party !o be bound no person is authorized to make, and by execution hereof Developer and City acknowledge that set forth p.rron has made, any representation, warranty, guaranty, or promise except as expressly -herein; person which and no agreement, statement, representaiion, or promise made by any such is not contained herein shall be valid or binding on Developer or City'
9.7 Severability.
Each and every provision of this Agreement is, and shall be construed to be, a of this Agreement or separate and independent covinant and agteement. If any term or provision judgment of a thl application thereof shall to any extent be held by the final, non-appealable of this Agreement, courrof competent jurisdiction to be invalid or unenforceable, the remainder to which it is or the application of such term or provision to circumstances other than those provision tfis invalid or unenforceable, shall not be affected hereby, and each term and 9{ consistent with the ,1,!r..*.nt shall be valid and shall be enforced to the extent permitted by law baiic intentions of the Parties as expressed herein'
9.8 Headings. only and shall All section headings and subheadings are inserted for convenience have no effect on the construction or interpretation of this Agreement' 9.9 No Third Party Beneficiaries benefit of the This Agreement is made and entered into for the sole proteclion_and have any right of parties and their respictive successors and assigns. No other person shall action based upon any provision of this Agreement'
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9.10 Goveming Law.
This Agreement and the rights of the Parties shall be governed by the intemal laws of the State of California, without regard to conflicts of law principles.
9.11 Survival.
The provisions hereof shall not merge into, but rather shall survive, any conveyance hereunder (including, without limitation, the delivery and recordation of the Grant Deed and Developer's payment of the Purchase Price.
9.12 Estoppel Certificates.
Upon written request of Developer, City shall within fifteen (15) days of the date of such request, execute and deliver to Developer, a written statement certi$ing, to City's knowledge, that (i) this Agreement in full force and effect, if such is the case, and has not been modified or amended, except as shall be stated; (ii) that no Default by Developer exists under this Agreement and no event or occwrence has happened that, with the passage of time or the giving of notice, or both, would constitute such a Default or, if City asserts that such a Default or iituation exists, the nature and circumstances relating thereto; and (iii) any other matter relating to Developer's rights and obligations hereunder or with respect to the Project as to which Developei or the actual or prospective Holder of a Developer Deed of Trust may reasonably require. The form of each estoppel certificate shall be prepared by Developer or such Holder.
9.13 City Actions.
In addition to provisions of this Agreement that give the City Manager or his/trer designee the authority to make certain decisions and grant certain approvals, the City Council, by its af,proval of this Agreement, hereby authorizes the City Manager to deliver such approvals and consents as are contemplated by this Agreement.
9.14 Counterparts.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and atl of which together shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the day and year first above written. DEVELOPER: CITY:
BRANDYWINE ACQUISITIONS GROUP, CITY OF LA VERNE, LLC, a California general law citY a California limited liability company
By: Brandywine Homes, its Manager By: PrintName Title: By: Print Name: Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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.(A"
LEGAL DESCRIPTION OF PROPERTY
That certain real property in the City of La Verne, County of Los Angeles, State of California, described as follows:
LOTS ONE, TWO, THREE, FOUR AND FIVE OF BLOCK 98 ALONG WITH THOSE PoRTIoNS oF ..B;, STREET, WALNUT STREET (FORMERLY SOUTH FIRST STREET) AND THE 20 FOOT WIDE ALLEY SOUTH OF BLOCK 98 OF LORDSBURG TOWNSITE, IN THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 18, PAGE 9, MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COITNTY LYING WITHIN THE BOI.]NDARY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF OF SAID "B'' STREET WITH THE CENTER INTERSECTION OF THE CENTER LINE ..B" LINE OF SAID WALNUT STREET; THENCE ALONG SAID CENTERLINE OF STREET, SOUTH I7O Ig'43'' WEST 3O.OO FEET TO THE TRUE POINT OF BEGINNING; 17" 19' THENCE CONTINUING ALONG SAID CENTER LINE OF "B'' STREET, SOUTH LINE OF 43" WEST 17O.OO FEET TO THE PROLONGATION OF THE SOUTHWESTERLY SAID ALLEY; THENCE ALONG THE PROLONGATION OF SAID SOUTHWESTERLY THE LINE NORTH 72" 40' 17" WEST 4O.OO FEET TO THE SOUTHEAST TERMINUS OF SoUTHwESTERLY LINE OF SAID ALLEY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 72" 40' 17" WEST 179,87 FEET TO THE PROLONGATION OF THE NoRTHwESTERLY LINE OF SAID LOT FIVE; THENCE ALONG THE PROLONGATION TO THE OF SAID NORTHWESTERLY LINE NORTH 17" Ig' 43" EAST 2O.OO FEET 19' 43" EAST 140'00 SOUTHWEST CORNER OF SAID LOT FIVE; THENCE NORTH l7o THE NORTHWEST FEET ALONG THE NORTHWESTERLY LINE OF SAID LOT 5 TO PROLONGATION CORNER OF SAID LOT FIVE; THENCE CONTINUING ALONG THE I7O 19' 43" EAST IO'OO OF THE NORTHWESTERLY LINE OF SAID LOT FIVE NORTH 1O.OO FEET NORTHEASTERLY FEET TO A POINT ON A LINE PARALLEL WITH AND THENCE ALONG FROM THE SOUTHWESTERLY LINE OF SAID WALNUT STREET; THE TRUE POINT OF SAID PARALLEL LINE SOUTH 72O 40'17" EAST 179.87 FEET TO BEGINNING.
(APN 8378-007-907 and 8378-007-908 and portion of APN 8378-007-009)
CONTAINING 0.702 4gPB5 +/D
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EXHIBIT "8"
SCHEDULE OF PERFORMANCE
Action Date / Deadline
1. Opening of Escrow. The Parties Within five (5) business days after the shall open escrow with the Project Approval Finality Date. Escrow Holder Section 3.4
2. Application(s) for Project Prior to Agreement Date. Development ApProvals. Developer submits applications to City for Project DeveloPment Approvals for Project and for Proj ect Development APProvals required for Fruit Street Project 3.1 3.2 (180) days after 3 Approval/Disapproval of Within one hundred eighty Application(s) for Proj ect Developer's applications are accepted as Development Approvals. CitY complete or deemed complete pursuant to takes final action on DeveloPer's Permit Streamlining Act. applications for Proj ect Development Approvals for Project and Fruit Street Project 3.1,3.2 4. Developer Determines Whether Within thirty (30) days after City takes Proj ect DeveloPment ApProvals final action on Developer's applications for Are Acceptable. If DeveloPer the Project Development Approvals for the determines Proj ect DeveloPment Project and the Fruit Street Project. Approvals for either the Project or Fruit Street Project render the Project infeasible, DeveloPer maY deliver notice of termination to 3
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Action Date lDeadline
5. Developer Submits Plans and Within one hundred twenty (120) after the Specifications. Developer later of (i) the Project Development submits Plans and Specifications Approval Finality Date for both the Project for Project (Section 3.2). and the Fruit Street Project; and (ii) Developer's submittal of the Plans and Specifications for its first phase of development (or model homes) for the Fruit Street Project; provided, such submiual deadline shall be a minimum of ninety (90) days prior to the Outside Closing Date. 6. Citv Aooroves Plans and First plan check to be completed and Specifications. City approves corrections provided to Developer within Plans and Specifications for thirty (30) days after City's receipt of Project (with final approval to be initial Developer submiual; subsequent contingent upon such Plans and plan checks to be completed and Specifications being in corrections provided (or approval granted) compliance with all provisions of as soon as reasonably practicable after this Agreement and applicable receipt of applicable re-submittal(s) but in provisions of law) (Section 3.2). no event less than fifteen (15) days after City receipt of re-submittal(s). 7. Developer Submits Developer's No later than thirty (30) days prior to Evidence of Financial Capability. anticipated Close of Escrow for City's Developer submits to City conveyance of Property to Developer.. Manager or his/her designee Developer's Evidence of Financial Capability (Section 2.4.1(iii)). 8. City Manager or Designee Within five (5) days after DeveloPer ApproveslDisapproves provides complete submittal (and within Developer's Evidence of the same time after Developer makes any Financial Capability. CitY subsequent submittal if the previous Manager or designee aPProves (or submittal is not approved). disapproves) DeveloPer' s Evidence of Financial CaPabilitY 2.4.1 9, INTENTIONALLY OMITTED INTENTIONALLY OMITTED I 0. Evidence of Insurance. Prior to the Close of Escrow for Developer submits evidence of conveyance of the PropertY. construction-period insurance policies to the City Manager or hislher 7.1
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Action Date / Deadline
1 l. Close of Escrow. Developer Within the times and subject to satisfaction deposits Base Purchase Price into (or waiver) of the applicable Closing Escrow, Developer and City each Conditions set forth in Section 2.4. deposit their respective shares of title and escrow fees and closing costs into Escrow, and City and Developer close Escrow (Section 2.7). 12. Building Permits and Prior to issuance of the building permit for Commencement of Construction. the last eight (8) City-approved Units in the Developer shall obtain Building Fruit Street Project. Permits and commence construction/installation of the improvements for the Project (Section 3.1). 13. Completion of Construction. Subject to Force Majeure Delays, within Developer completes eighteen (18) months after commencement construction/installation of of construction. improvements in Project (Section 3.1) 14. City Issues Certificates of On a lot/Unit basis, within ten (10) days Completion. City Manager or after receipt of Developer's written request hisftrer designee issues therefor (and assuming construction has Certificates of Completion been satisfactorily completed). (Section 3.11). 15. Recordation of Notice of At the Close of Escrow, if the conditions to Affordability Covenants and Unit recordation of such documents have been Regulatory Agreement. satisfied at that time; otherwise, no later (Sections 2.7, 4.2). than City Manager or designee's issuance of first Certificate of Completion for a completed lot/Unit in Project. NOTES:
L Except as to the Outside Closing Date(s), the deadlines set forth in this Schedule of Performance are subject to being extended pursuant to Section 6.6 of the Agreement ("Force Majeure Delays") or if the time for performance is expressly extended pursuant to a writing executed by the applicable Party or Parties.
2. The description of the items of performance and deadlines in this Schedule of Performance are not intended to supersede the more complete descriptions in the text of the Agreement and the various conditions to the Parties' obligations as set forth therein, and in the event of any conflict between the text of the Agreement and this Schedule, the text of the Agreement shall govern.
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EXHIBIT "C"
FORM OF GRANT DEED
Recording Requested by, and when recorded return to (and mail tax statements to):
Brandywine Acquisitions Group, LLC c/o Brandywine Homes 16580 Aston Irvine, California 92606 Attn: Kye Evans
Assessor's Parcel Nos. 8378-007'907 and 8378-007-908, and Portion of Assessor's Parcel No. 8378-007 -909
Exempt from Recording Fees Pursuant to Government Code Sections 6103 and27383
GRANT DEED
The undersigned grantor(s) declare(s) :
Documentary transfer tax is $- based on the full value of the property conveyed.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF LA VERNE, a California general law city ("Grantor"), hereby GRANTS to BRANDYWINE ACQUISITIONS GROUP, LLC, a California limited liability company ("Grantee"), the following described real property (the "Property") Iocated in the City of La Verne, County of Los Angeles, State of Califomia:
LOTS ONE, TWO, THREE, FOUR AND FIVE OF BLOCK 98 ALONG WITH THOSE PoRTIoNS oF ..8;, STREET, WALNUT STREET (FORMERLY SOUTH FIRST STREET) AND THE 20 FOOT WIDE ALLEY SOUTH OF BLOCK 98 OF LORDSBURG TOWNSITE, AS TN THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 18, PAGE 9, MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WITHIN THE BOUNDARY DESCRIBED AS FOLLOWS: BEGINNNG AT THE POINT OF INTERSECTION OF THE CENTER LINE OF SAID "B'' STREET WITH THE CENTER
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..B,' LINE OF SAID WALNUT STREET; THENCE ALONG SAID CENTERLINE OF STREET, SOUTH 17" Ig'43'' WEST 3O.OO FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTER LINE OF "B'' STREET, SOUTH 17" 19' 43'' WEST 17O.OO FEET TO THE PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID ALLEY; THENCE ALONG THE PROLONGATION OF SAID SOUTHWESTERLY LINE NORTH 72O 40' I7'' WEST 4O.OO FEET TO THE SOUTHEAST TERMINUS OF THE SOUTHWESTERLY LINE OF SAID ALLEY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 72" 40' 17" WEST 179.87 FEET TO THE PROLONGATION OF THE NORTHWESTERLY LINE OF SAID LOT FIVE; THENCE ALONG THE PROLONGATION OF SAID NORTHWESTERLY LINE NORTH I7O 19' 43'' EAST 2O.OO FEET TO THE SOUTHWEST CORNER OF SAID LOT FIVE; THENCE NORTH 17" 19' 43" EAST 140.00 FEET ALONG THE NORTHWESTERLY LINE OF SAID LOT 5 TO THE NORTHWEST CORNER OF SAID LOT FIVE; THENCE CONTINUING ALONG THE PROLONGATION OF THE NORTHWESTERLY LINE OF SAID LOT FIVE NORTH 17" 19' 43" EAST IO.OO FEET TO A POINT ON A LINE PARALLEL WITH AND IO.OO FEET NORTHEASTERLY FROM THE SOUTHWESTERLY LINE OF SAID WALNUT STREET; THENCE ALONG SAID PARALLEL LINE SOUTH 72" 40' 17'' EAST 179.87 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0,702 ACRES +/!
SUBJECT TO, all easements, covenants, conditions, restrictions, and rights of way of record. l. This Grant of the Property is subject to a Disposition and Development AgreemententeredintobyandbetweenGrantorandGranteedatedasof-,2020(the "Agreement"), the terms of which Agreement are hereby incorporated herein by reference. A copy of the Agreement is available for public inspection at the offices of the City Clerk of Grantor at3660 D Street, La Veme, Califomia 91750.
2. By acceptance hereof, Grantee agrees, for itself, its successors and assigns, to refrain from restricting the rental, sale or lease ofthe Property on the basis ofrace, color, creed, religion, ancestry, sex, marital status, national origin or age of any person in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the PropertY, nor shall Grantee itself or any persons claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy oftenants, lessees, subtenants, sublessees, or vendees in the Property. The foregoing covenants shall run with the land in perpetuity.
3. All covenants contained in this Grant Deed shall run with the land and shall be binding for the benefit of Grantor and its successors and assigns and such covenants shall run in favor of Grantor and for the entire period during which the covenants shall be in force and effect, without regard to whether Grantor is or remains an owner of any land adjacent to the Property or interest in-such adjacent land or any other land. Grantor, in the event of any breach of any such
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covenants, shall have the right to exercise alt of the rights and remedies available under the Agreement (for the term thai the Agreement applies to the Property and the separate legal lots wi-thin the pioperty) or at law or in equity. The covenants contained in this Grant Deed shall be for the benefit of and shall be enforceable only by Granlor and its successors and assigns.
IN WITNESS WHEREOF, the undersigned have executed this Grant Deed as of the date set forth below.
Dated: CITY OF LA VERNE a California general law city ("Grantor")
By: Print Name: Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AND ACCEPTED:
BRANDYWINE ACQUISITIONS GROUP, LLC, a California limited liability company
By: Brandywine Homes, a California corporation, its Manager
By:
Title:
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EXHIBIT "D"
FORM OF CERTIFICATE OF COMPLETION
(Attached.)
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RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO:
Brandywine Acquisitions Group, LLC c/o Brandywine Homes 16580 Aston Irvine, Califomia 92606 Attention: Kye Evans
This document is exempt from the payment of a recording fee pursuant to Govemment Code Section 27383 and 6103'
CERTIFICATE OF COMPLETION
This CERTIFICATE OF COMPLETION ("Certificate") is made by the CITY OF LA VERNE, a Califomia general law city ("City"), in favor of BRANDYWINE ACQUISITIONS GROUP, LLC, a California limited liability company ("Developer"), as of the date set forth below. RECITALS
A. City and Developer have entered into that certain Disposition and Development Agreement dated 2O2O (DDA"), concerning the development of certain real property situated in the City of La Verne, County of Los Angeles, State of California, referred to in the DDA as the "Property."
B. Developer is the owner in fee of the separate legal parcel described in Attachment No. t hereto (the "Lot"). The Lot is within the Property addressed in the DDA.
C. As referred to in Section 3.11 of the DDA, City is required to fumish Developer with a Certificate of Completion (as defined in Section 1 of the DDA) upon Developer's completion of construction of the portion of the "Project" (as defined in Section I of the DDA) that Developer is required to construct on and with respect to each separate legal lot or parcel within the Property, which Certificate is required to be in such form as to permit it to be recorded in the Recorder's Office of Los Angeles County. This Certificate is conclusive determination of satisfactory completion of the construction and development of the portion of the Project that Developer was required to construct on the Lot in accordance with the DDA and the satisfaction of all Developer' s obligations set forth in the DDA relating to the Lot (provided that this Certificate does not constitute a termination or release of those covenants set forth in the Grant Deed recorded on 201 . as Instrument No. in the Official Records of Los Angeles County that exPresslY survive City's issuance and the recordation of this Certificate, nor does this Certificate constitute a termination or release of those covenants set forth in the Unit Regulatory Agreement recorded against the Lot on 202_, as Instrument No. in the Official Records of Los Angeles County.
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D. City has conclusively determined that Developer has satisfactorily completed construction and development of the portion of the Project that Developer was required to construct on and with respect to the Lot, in accordance with the DDA.
NOW, THEREFORE, City hereby certifies as follows:
1. The portion of the Project that Developer was required to construct on and with respect to the Lot has been fully and satisfactorily completed in conformance with the DDA.
2. The provisions of the DDA shall no longer apply to or burden the Lot and no person now owning or hereafter purchasing, leasing, or otherwise acquiring any interest in the Lot shall (because of such ownership, purchase, lease, or acquisition) incur any obligation or liability under the DDA; provided, however, that nothing herein is intended to nor shall be interpr;ted to terminate oi release any obligations set forth in the document(s) referred to in Reciial C of this Certificate that expressly survive the recordation of this Certificate, as set forth therein, or any other obligations of Developer to City (or rights of City with respect to Developer) under the DDA.
3. This Certificate does not constitute a notice of completion as referred to in California Civil Code Section 3093.
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IN WITNESS WHEREOF, City has executed this Certificate this - day of 202_.
CITY: CITY OF LA VERNE a California general law citY By: PrintName: Title:
ATTEST:
By: Its: City Clerk
APPROVED AS TO FORM:
By: Its: City Attorney
DEVELOPER: BRANDYWINE ACQUISITIONS GROUP, LLC, a California limited liability company By: Brandywine Homes, a California corporation, its Manager
By: PrintName: Title:
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ATTACHMENT NO. 1
LEGAL DESCRIPTION
That certain real property in the City of La Veme, County of Los Angeles, State of California, described as follows
[To be inserted]
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EXHIBIT 6.E,'
THE AFFORDABLE HOUSING UNITS IN THE PROJECT)
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Recording Requested By, and When Recorded, Mail To:
City of La Verne 3660 D Street La Veme, California 91750 Attn: City Manager
FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE $6103
APN (Space Above for Recorder's Use) NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY
IMPORTANT NOTICE TO DEVELOPERS, PURCHASERS, TENANTS, LENDERS' BROKERS, ESCROW AND TITLE COMPANIES, AND OTHER PERSONS' REGARDING AFFORDABLE HOUSING RESTRICTIONS ON THE REAL RECORDED PRoPERTY DESCRIBED IN THIS NoTICE: RESTzuCTIONS HAVE BEEN RESTRICT THE WITH RESPECT TO THE PROPERTY DESCRIBED BELOW WHICH BE SOLD' THESE PRICE AND TERMS AT WHICH HOME ON THE PROPERTY MAY TO AN AMOUNT RESTRICTIONS MAY LIMIT THE SALES PRICE OF THE HOME ALSO LIMIT WHICH IS LESS THAN FAIR MARKET VALUE. THESE RESTRICTIONS PURCHASE THE HOME' THE INCOME OF HOUSEHOLDS WHO ARE PERMITTED TO OF PROPERTY (thc This NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER 'Notice"), is dated as of 202_, ("Purchaser"), whose address is and the CITY OF LA VERNE, a Califomia Unit Regulatory Agreement dated general Iaw city (the "City") in connection with that certain - 202 between Purchaser and the City ("Unit RegulatorY Agreement"). RECITALS -,
of Los Angeles, State of California described on Exhibit "A" in the City of Lu V.*., iounty home (collectively, the "Property")' and the improvemerfiF.r.or, consisting of a single family Agreement dated Section 4.2 of thatcertain Disposition and Development B. ("Developer")' requires betw."" Cf.V and Brandywine Acquisitions Group, LLC at affordable housing cost, and that Developer sell the property to moderate-income households u. ,..orJ.d against the property that restricts occupancy and -,2020that a unit Regulatory Agreement
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sale of the Property to moderate-income households at affordable housing cost for 45 years after the initial sale of the Property by Developer to Purchaser.
TERMS OF NOTICE
1. Regulatory Agreement. The Unit Regulatory Agreement encumbering the Property restricts occupancy and sales of the Property to "Moderate-Income Households" at "Affordable Housing Cost" (as those terms are defined in the Unit Regulatory Agreement) for 45 years after the acquisition of the Property by Purchaser and binds future owners of the Property.
2. Incorporation by Reference. The Unit Regulatory Agreement is hereby incorporated herein by reference.
IN WITNESS WHEREOF, this Notice has been executed and made effective on the day and year first above written.
PURCHASER:
By:
CITY:
CITY OF LA VERNE, a California general law city
By: Print Name: Title:
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ACKNOWLEDGMENT
State of California ) ) county of ) -.-- On before me, (insert name and title of the officer) personally appeared ' is/are subscribed to the who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) authorized capacity(ies), within instrument and acknowtedgeo io me ttrai trelstrelthey executeit the same in hiyher/their of which the person(s) ,nJ itt"iov his/her/their signatui"eg on the instrument th6 person(s), or the entity upon behalf acted, executed the instrument. that the foregoing paragraph is true I certify under PENALTY OF PERJURY under the laws of the state of california and correcl
WTNESS my hand and official seal.
(Seal) Signature Signature of Notary Public
ACKNOWLEDGMENT
State of California ) ) County of ...... -- )
On before me, (insert name and title of the officer)
personally apPeared the s) whose name(s) is/are subscribed to the who proved to me on the basis of satisfactory evidence to be Person( the same in his/her/their authorized capacity(ies), within instru ment and acknowledged to me that he/she/they executed the person(s), or the entity upon behalf of which the Person(s) and that by hirher/their signature(s) on the instrument acted, executed the instrument.
I certify under PE NALTYoFPERJURYunderthelawsoftheStateofcaliforniathattheforegoingparagraphistrue and correct.
WTNESS my hand and official seal.
(Seal) Signature Signature of Notary Pu blic
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EXHIBIT "A"
LEGAL DESCRIPTION OF LAND
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EXHIBIT (F"
UNIT REGULATORY AGREEMENT
(Attached)
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Recording Requested By and when recorded return to:
City of La Verne 3660 D Street City of La Verne, California 91750 Attention: City Manager
EXEMPT FROM RECORDING FEES PURSUANT TO GOVERNMENTCODE 6103 AND 27383 (Space for s Use)
UNIT REGULATORY AGREEMENT
THIS UNIT REGULATORY AGREEMENT (this "Agreement") is dated as of general law Zl2_,and is entered into by and between the CITY OF LA VERNE, a Califomia LLC, a Califomia limited-, .ity i,,City,,), an6 BRANbYWINE ACQUISITIONS GROUP, liability company ("Owner"). RECITALS
of Los A. Owner is the owner of the land located in the City of La Veme, County more particularly in Exhibit "A" attached hereto Angeles, State of California that is -described (thJ,'Land") and the improvements thereon (collectively, the "Property")' B. City and Owner entered into that certain unrecorded Disposition and to the DDA' Owner Development Agreement dated 2020 (the'P?n'). Pursuant improvements (the "Affordable agreed to develop a single-fa.ilv t.ria"ntial unit and related Affordable Housing Housing Unit,,) on ih. p"roperty, io sell the Property (with such completed Cost" tho;e Unit) only to a..Low- or Moderate-Income-, Household" at "Affordable Housing (a1 the Property to memorialize the terms are defined herein), and to record this Agreement against the Property and such Affordable restrictions that appiy ioih. .ulr, resale, o..upit.y, and uie of Housing Unit for the "Term" set forth herein'
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Definitions. For purposes of this Agreement, the terms listed below shall have the meanings ascribed: the limits (a) Affordable Housing Cost means a housing cost which does not exceed (c)' (e)' (0' and (h)-and set forth in california Health and Safety code Section sobsz's(bx4)' G)' Regulations, Title 25, sections the implementing regulations set fortir in california Code of 6914,6920 and 6932. during the Term (b) Future Homeowner means any and all purchasers of the Property Agreement to restrict Future of this Agreement (tt b.trrg rrd.rstood thaiit is thelntent of this
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Homeowners to Moderate-Income Households who purchase the Property at an Affordable Housing Cost and occupy the Property as their primary residence)'
(c) Moderate-Income Household means a person, family, or household meeting the income qualification limits set forth in California Health and Safety Code Section 50093 and the implementing regulations set forth in California Code of Regulations, Title 25, Sections 6910, et seq.
2. Term. The term of the restrictive covenants set forth herein (the "Term") shall corlmence upon the recordation of this Agreement and shall remain in effect until the earlier of (i) the date that is forty-five (a5) years after the date that Owner conveys the Property (and the completed Affordable Housing Unit thereon) to the first Future Homeowner or (ii) the date this Agreement is terminated pursuant to Section 3(b) below, if applicable; provided, however, the covenants against discrimination set forth in Section l0 hereof shall remain in effect in perpetuity. City t u. determined that this is the longest period feasible for continuing the Term of this Agreement.
3. Covenants to Maintain Affordabilitv and Occupancv: Equitv Sharing.
(a) During the Term, Owner and each Future Homeowner shall not sell the Property to any person, family, household, or entity except to a Moderate-Income Household at an efforia6le Housing iost. In addition, Owner and each Future Homeowner shall at all times give preference in any such sale to households on any list(s) of eligible households that City may from time to time provide to Owner and/or Future Homeowner and Owner and each Future Homeowner shall fully cooperate with City in connection therewith; provided, however, that Owner and Future Homeowner shall not be required to provide such a preference if doing so would violate any applicable provision of federal, state, or local law.
(b) Notwithstanding Section 3(a) above, if a Future Homeowner delivers reasonable evidence io the City Manager of City or his/trer designee that the Future Homeowner has used diligent and reasonaUte efforts to sell the Property to a Moderate-Income Household for a period ofone hundred and eighty (180) days but no prospective buyer has offer to enter into a purchase and sale agreement during such period (and the Future Homeowner has attempted to sell to eligible ho-useholds on any list maintained by the City as described in Section 3(a) above, if apflicable), then the Future Homeowner may sell the Property to a buyer who is not a Moderate- Income Household at a price higher than the price that would result in an Affordable Housing Cost for a Moderate-Income Household provided that the Future Homeowner who is selling the property pays to the City (through the escrow for the sale) one hundred percent (100%) of the u-o*iUv which the neisales price being paid for the Property (o'net" meaning net of reasonable closing costs payable by the seller) exceeds the Affordable Housing Cost; however, said p....,itug" stral te reduted by five percent (5%) for each full calendar year that the selling Future Homeowner resided in tire Property as hisftrer principal residence without any violation of this Agreement, but in no event shall the reduction reduce such percentage to less than fifty p.r..rrf 60%) G&, if the selling Owner so resided for ten (10) full calendar years or more, the percentage would be reduced to 50%). In the event a Future Homeowner sells the Property to a try.r wf,o is not a Moderate-Income Household at a price higher than Affordable Housing Cost in accordance with this Section 3(b), City shall cooperate with the Future Homeowner in
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executing (in recordable form) such document or documents as may be required to terminate this Agreemeni and the Notice of Affordability Restrictions on Transfer of Property of record and, upo, puy*ent to City of the foregoing sums in connection with the sale of the Property (as rho*r, on the final settlement statement for the sale escrow) and compliance with the other requirements of this Section, this Agreement shall terminate.
(c) Notwithstanding any other provision set forth in the DDA or.this Agreement to the contrary, none of the following situations shall constitute a violation of this Agreement: (i) Owner's retention of ownership of the Property prior to the first sale of the Property to an eligible Future Homeowner at Affordable Housing Cost; (ii) Owner's or a Future Homeowner's sale or transfer of the property (or interest therein) to a permitted transferee in accordance with Section 5 of this Agreement; or (iii) a Future Homeowner's continued occupancy of the Affordable Housing Unit on the Property if his/her income changes after the date of its initial purchase/o..up*.! of such unit and such Future Homeowner no longer qualifies as a Moderate- Income Household (subject to Section 5 below).
4. Owner Occupancy. During the Term hereof and the period of his/her ownership, each Future Homeowner shall occupy the Property as hisftrer primary residence. In no event shall the Property be leased or rented.
5. Permitted Transfers. Notwithstanding any other provision set forth in the DDA orthisAg,,".@efo11owingtransfersoftitlearepermittedandshallnot violate Section 3 or Section 4 above: (i) an authorized transfer by Owner pursuant to Section 4.1 of the DDA (provided, that this Agreement shall continue to apply to the transferee and its its successors-in-interest, and the provlsions of the DDA shall apply to the transferee and successors-in-interest as and to the extent set forth in the DDA); (ii) a transfer by gift, devise, or member inheritance to any Future Homeowner's spouse, children, grandchildren, or other family or the taking of title by the surviving joint tenant that is a Future Homeowner's spouse; (iii) transfer of title to a spouse as part of a divorce or dissolution proceedings; and (iv) acquisition of pursuant to title by a spouse in conjunction with marriage. In the event of a permitted transfer qualifr as a clause (ii)-iiv) of the ireceding sentence, if the transferee household does not Moderaie-Income Household at ihe time the transfer occurs, the transferee household shall not be permitted to occupy the Affordable Housing Unit onle Property and shall act with reasonable dilig.nr. to sell oi iransfer the Property to an eligible Moderate-Income Household at Affordable Housing Cost consistent with this Agreement. 6. Subordination to financing. City shall subordinate Owner's covenants and restrictions,.tandthisAgreementtothelienofany..Deve1oper Deed of Trust," as more particularly set forth in Section 4.2 of the DDA.
In addition, City agrees to and shall subordinate any Future Homeolvner's covenants and restrictions set forth in ttris Agreement to the lien of any deed or deeds of trust securing a and to purchase money loan or loans rised by such Future Homeowner to purchase the Property Homeowner ih" li.r, of any deed or deeds of trust securing any refinancing obtained by a Future the principal that encumbers the property provided that ihe iefinancing loan does not exceed and loan costs payable balance of the p*.t ur.^n oney loan being refinanced plus closing costs -Ho-.o*n shall have the by the Future r. However, the City Manager or his/trer designee
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authority to approve, in writing, a refinancing that exceeds such limited amount by up to $25,000 (the ..Cash Out Amount"; provided the interest rate for the refinancing loan is materially lower than the interest rate of-the loan being refinanced and the Future Homeowner provides satisfactory evidence to the City Manager or his/trer designee that the additional Cash Out Amount is needed to remedy a specific and significant current or identifiable future adverse financial condition of the Future Homeowner and the City Manager or his/her designee additionally determines, in his/her reasonable discretion, that the payment of such additional amount to the Future Homeowner will not jeopardize the continuation of the Property as an Affordable Housing Unit in accordance with the other terms and conditions set forth herein.
In order to process a request for City Manager (or designee) apgloyll of subordination, the Future Homeowner or its prospective purchaser, as applicable, shall deliver the following information to the City Manager or hisftrer designee at least fifteen (15) days prior to the lender, anticipated closing of the Future Homeowner Loan: (i) the name and address of the provide including the name and contact information of the lender's representative who will terms of and/or slgn the subordination agreement on behalf of the lender; (ii) a summary of the schedule, and loan the Future Homeowner Loan, irictuding principal, interest rate, term, payment the fees; (iii) the anticipated ciosing date of the Future Homeowner Loan; (iv) a copy of and the proposed loan documents and any or other agreements between the Future Homeowner amount referred proporeO lender; and (v) if the Future Homeowner Loan exceeds the Cash Out (or designee) to in the first sentence'of the preceding paragraph and requires City Manager facts that support City approval under either clause (ij or (ii) ihlreoi an explanation of the subordination as set forth therein. shall be The form of the subordination agreement used to effect any such subordination be reasonably prepared by the holder or prospectivJ hotder of the deed(s) of trust, shall as to form, and shall satisfactbry to City's .ornr.i *d th. City Manager or designee -hisftrer within the time period provide to City (i) I right to cure a default on the Future Homeowner Loan (ii) an agreement io, curing .u.i, u'A.fuilt that is available to the Future Homeowner thereunder, the holder thereof City takes that if prior to the foreclosure of the Future Homeowner Loan by Loan the holder thereof will title to the property and cures the default on the Future Homeowner of the transfer of title to city, not exercise any right it may have to accelerate the loan by reason Loan after city's receipt of a (iii) a right to n.goiiut. witir the holder of the Future Homeowner the discretion of said holder notice of default therefrom (provided that such right shall not limit with regard to its loan), and or require the holder to delay any foreclosure or rElut.d proceedings at any time after a default on (iv) a right to purchase the i'roperty from the Future Homeowner foreclosureproceeding or the Future the Future Homeowner Loan and piior to completion of any first occurs' City hereby Homeowner,, .onr.yance of a died in lieu oi foreclosure, whichever refi1a1c^ing, or assisling the finds that * ..ono#cally feasible alternative method of financing, provided for in the DDA and property on substantially"comparable terms and conditions as is and- City further finds that this Agreement, but without subordination, is not reasonably available, into the subordination agreement if the written commitments referred to herein are incorporated -ity'. protected' investment in the event of default will be adequately
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7. Sale/Resale Procedures.
(a) If Owner (as to the first sale of the Property to a Moderate-Income Household) or a Future Homeowner (as to each subsequent sale of the Property during the Term) elects at any time to sell or transfer the Property during the Term (or is required to sell or transfer the Property pursuant to the last sentence of Section 5), then Owner or the Future Homeowner, as applicable, shall first provide to City a notice (the "Notice of Proposed Sale") setting forth Owner's or the Future Homeowner's intention to sell the Property. In the event Owner or the Future Homeowner desires Agency assistance in locating a Moderate-Income Household to purchase the Property, Owner oithe Future Homebuyer shall notiff City in the Notice of Proposed Sale. If City io.ut.. a Moderate-Income Household, City shall notiff Owner or the Future Homebuyer in wrlting, within thirty (30) days after receipt of Owner's or the Future Homebuyer's Notice of proposeJ Sale. Notwitllstanding the foregoing, nothing contained herein shall be construed as imposing upon city any obligation to find a purchaser of the Property.
(b) For the purpose of confirming with City that a proposed purchaser is a Moderate- Income Aousehold tdt will be paying a purchase price that is in compliance with the terms hereof, Owner or the Future Homeowner, as applicable, shall notiff City in writing of any offer from a prospective purchaser which Owner or the Future Homeowner intends to accept, disclosing the identity of such prospective purchaser and providing City with such financial, credit, aid other inflrmation relating to such prospective purchaser a! may be reasonably required by City, including the following: (i) the name- and address of the purchaser; (ii) the n,.r,,b., ofpersons compris-ing the purchaier's household and their names and ages; and (iii) the the proposed pichase prici of the Property, and any other consideration for the purchase of broperty; (ir; tt. amount of the ptopot.d down payment; (v) the terms o{ *y loan that will be not limited to the ur.i Uy ine purctraser to finance thi purchase of the Property, including but estim#d principal, interest rate, payment schedule, term, and loan fees; (vi) the anticipated (viii) the closing aaie; (vii) the aggregate annual gross income of the purchaser's household; of the most icent federal and state income tax ieturns of the purchaser and all other members proposed purchaser,s household for the preceding two (2) calendar years, and verification of the purchase purchaser's salary or wages from the purchaser's employer; (ix) a copy of any proposed between Owner or and sale agreement, .rrri* instructions, loan application,.or other agreements and (x) a the Future Homeowner, as applicable, and the proposed purchaser of the Property; by the written statement signed uy iti proposed purchaser that the Property will be occupied designee may purchase, and used i. t ir or her primary residence. The City Manager or hisftrer reasonably necessary also require the purchaser to submit other written documentation as may be the purchaser and to enabie the Ciiy Manager or designee to verify the information provided by Agreement will be to determine that the inc[me and Affordable Housing Cost restrictions of this proposed satisfied. Within fifteen (15) calendar days after reCeiving documentation regarding a and shall purchaser, the City Manager or hisftrer dlsignee shall review all such documentation ^notiff escrow Owner or the Future Homeowner, as applicable, the prospective purchaser, and the whether the proposed agent in the transaction (if escrow has been-opened at that time) as to the purchase price purchaser does or does noi qualify as a Moderaie-Income Household, whether additional documentation is does or does not Or"fif, as efforAaUle Housing Cost, or whether Manager or his/trer necessary in order for city to make eithercu.h-d.t.r-ination. If the city and shall explain the designee disapprove, *y lf such submittals, he/she shall do so in writing
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reasons therefor. If the City Manager or designee fails to timely approve or disapprove a request for approval of the transaction, he/she shall be conclusively deemed to have approved the transaction on the terms and conditions set forth in the request (and any other minor revisions to such terms and conditions that do not materially change the information previously submitted to the City Manager or designee relating to the eligibility of the purchaser and the fact of the purchaie price qualifying as an Affordable Housing Cost); provided. howev-er, that if the sale is io a buyer who is not a Low- or Moderate-Income Household, the Future Homeowner shall neverthiless pay to City through the escrow for the Sale any sums that would be payable under Section 3(b) above as if the City Manager or designee consented to a sale by the Future Homeowner to a buyer who is not a Moderate-Income Household. 8. Nondiscrimination Covenants.
Owner and each Future Homeowner shall refrain from restricting the sale of the Property on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926,12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Govemment Code.
All deeds and contracts made or entered into by Owner, its successors or assigns, as to any portion of the Property shall contain therein the following language, as applicable:
(a) In Deeds. "The grantee herein covenants by and for and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group or persons on account ofany basis listed in subdivision (a) or (d) of Section 12955 of the Caiifornia Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Govemment Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself, establish or permit any sultr practice or practices of discrimination or segregation with reference to the selection, location, number, ura or occupancy oftenants, lessees, subtenants, sublesssees or vendees in the land herein conveyed. The foregoing covenants shall run with the land."
(b) In Contracts. "There shall be no discrimination against or segregation of any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section izgss of ihe balifornia Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section t}g55.2 of the California Government Code, in the sale, lease, sublease, transfer, use, himself or any person occupancy,-under tenure or enjoyment of the land, nor shall the transferee claiming or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy or tenants, lessees, subtenants, sublessees or vendees in the land."
The foregoing covenants shall remain in effect in perpetuity. Notwithstanding anything in this Section 8 to the contrary, leases shall not be permitted during the Term.
g. Compliance Verification. City shall have the continuing right to verify that the restrictions,tiffisofthisAgreementarebeingcompliedwith.In ll2l016r36-0161 15229176.4 allt09l20 F-7
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connection therewith, on an annual basis, each Future Homeowner shall promptly complete, sign and return a questionnaire delivered by City and shall deliver such written information as City may reasonabiy request. Additionatly, City may contact occupants of the Property at reasonable times during the day and ask them questions regarding Owner (if Owner is still the fee owner) or any Future Homeowner's compliance with this Agreement.
10. Conlidentialitv of Information. To the marimum extent permitted by law, any personat or finarrciA information submiued by, about, or on behalf of any Future Uomeo*ner relating to the identity of the persons in the household, employment, income, tax returns, and the liki shall be kept strictly confidential and shall not be disclosed to any third p.rron, without the express writtin consent of the applicable Future Homeowner or court order. All such information shall be retained for no more than five (5) years after the date City receives the information and shall thereafter be destroyed in accordance with applicable provisions of the California Government Code.
and remedies available to 1 1. Remedies of City. City shall have all equitable rights City in .o*..tlil *ith *y uiolution of this Agreement, including, without limitation, the right to enjoin any violation of this Agreement and the right to obtain specific performance of this Agrelment. In addition, upon u rul. of the Property in violation of this Agreement, or any other aefautt by Owner or a Future Homeowner under this Agreement which is not cured within thirty (30) da,s after written notice by City (an "Event of Default"), City shall have the right to an ordlr ejecting any occupant from the Affordable Housing Unit whose occupancy violates this Agreement, *d/ot such other relief as may be available at law or in equity.
12. The covenants and restrictions contained herein shall run with the land and shall be a burden upon the Property and shall be enforceable against Owner and each Future Homeowner during the period(s) of their respective ownership(s). Owner and each Future Homeowner shall furnish a copy of this instrument to any successors-in-interest. Neither Owner nor any Future Homeowner shall be liable for any default that occurs prior or subsequent to the period of its ownershiP of the the Property, but shall nevertheless remain liable for participating in any transaction that violates term of this Agreement.
13. Independent and Severable Provisions. In the event that any provision of this instrumentishelddictiontobeunenforceabIeorinvalid,such holding shall not ,.rri.. unenforceable any other provision hereof, each provision hereof being .*pr.5!1y severable and independently enforceable to the fullest extent permiued by law. t4. Owner, on behalf of itself and each Future Homeowner, covenants that upon Agency's request, Owner and such Future Homeowner shall execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, necessary, desirable, such further instruments and agreements and do such further acts as may be or proper to carry out more effectively the purpose of this Agreement. 15. No Waiver. No waiver by City of its rights hereunder, or of any breach by Owner or any Frt"r. H"-eowner of any covenant, restriction, or condition herein contained, to Owner or the shall be effective unless such waiver is in writing, signed by City and delivered
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Future Homeowner, as applicable. Any waiver by City of its power to terminate any covenant, restriction, or condition herein contained, or the failure by City to exercise any right or remedy with respect to any breach or breaches, shall not constitute a waiver or relinquishment of any right regarding subsequent sales, or ofany such covenant or condition, nor bar any City right or remedy in respect of any subsequent breach.
16. Notices. All notices to be delivered to the parties pursuant to the terms hereof shall be in writirrpnd shall be delivered in person, by certified mail, retum receipt requested, or by reputable nati-onally recognized ovemight delivery service that provides a receipt indicating the date of delivery isuch as Federal Express) to the addresses listed below. Any of the following addresses may be changed by written notice given in accordance with this Section, and the change will be effective three (3) business days after such notice is so given.
If to Owner or a Future Homeowner: To the Property
If to City: City of La Verne 3660 D Street La Verne, California 91750 Attention: City Manager
17. Entire Asreement. This instrument constitutes the entire agreement of the partiesh.,.to,@shereofmaybemodifiedoramendedonlybyawritten instrument signed by the party to be charged. 1g. Attornevs' f,'ees. In any action brought to declare the rights granted herein or to enforceo,toint.,p,*,tu.,[.termsofthisAgreement,theprevai1ingpartyshal1beentitledto an award of its attorneys' fees and costs.
19. Time of Essence. Time is of the essence hereof' 20. Counterparts. This Agreement may be simultaneously executed in multiple which shall counterpartr, uiiif-*h-i.1,,hull constitute one and the same instrument, and each of be deemed to be an original'
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above.
OWNER: CITY:
CITY OF LA VERNE, a Califomia general law city
By:
Attest: City Clerk
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EXHIBIT 6'A',
Leeal Description of Land
(Attached.)
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ACKNOWLEDGMENT
State of California ) ) County of )
On before me, (insert name and title of the officer)
Dersonallv appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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) Signature of Notary Public
ACKNOWLEDGMENT
State of California
County of
On before me, (insert name and title of the office0
personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
WTNESS my hand and official seal
Signature (Seal) Signature of Notary Public
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ACKNOWLEDGMENT
State of California ) ) county of )
On before me, (insert name and title of the officer) peEonally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
WTNESS my hand and official seal.
Sign (Seal) Signature of Notary Public ACKNOWLEDGMENT
State of California ) ) Countv of )
On before me, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sh€/they executed the same in his/her/their authorized capacity(ies), and that by his/her^heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
WTNESS my hand and official seal.
sig (Seal) Signature of Notary Public
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Page
1. DEFINITIONS 2
2. PURCHASE AND SALE OF THE PROPERTY; PURCHASE PRICE...... 7 2.1 Purchase and Sale of Property; Purchase Price...... 7 2.2 Opening and Closing of Escrow 7 2.2.1 Opening of Escrow; Escrow Instructions ...... 7 2.2.2 Close of Escrow; Outside Closing Date(s) 7 2.3 Condition of Title; Title Policy 8 2.3.1 Condition of Title 8 2.3.2 Title Policy 9 2.4 Conditions to Close of Escrow 9 2.4.1 City's Closing Conditions 9 2.4.2 Developer's Closing Conditions ...... l0 2.5 Title and Escrow Fees and Closing Costs; Escrow Holder Settlement Statement ...... 11 2.5.I Parties' Responsibilities for Payment of Title and Escrow Fees and Closing Costs ...... l1 2.5.2 Escrow Holder's Duties With Respect to Title and Escrow Fees and Closing Costs ...... 12 2.6 Physical and Environmental Condition of the Property ...... 12 2.6.1 Property Conveyed in "As-Is" Condition...... 12 2.6.2 Releases and Waivers ...... l3 2.6.3 Right of Entry ...... 14 2.7 Deposits into Escrow ...... 14 2.8 Escrow Holder's Duties at the Closing...... ,...... 15
3. DEVELOPMENT COVENANTS ...... t6 3.1 Development of the Project t6 3.2 Project Development Approvals and Plans and Specifications...... t6 3.3 Construction Contract(s)...... l8 3.4 Costs of Entitlement, Development and Construction...... l8 3.5 Rights of Access and Inspection...... 18 3.6 Local, State and Federal Laws...... 19 3.7 City and Other Governmental Agency Permits and Approvals ...... t9 3.8 No Discrimination Dwing Construction...... t9 3.9 Taxes, Assessments, Encumbrances and Liens 19 3.10 No Agency Created 19 3.11 Certificate of Completion; Additional Conditions to Certificated Occupancy ... l9 3.12 Affordable Housing Unit Restrictions and Obligations; Subordination Agreement 20 3.13 Marketing of Affordable Housing Units 2t
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3.14 City Option of Providing "silent Second" Trust Deed Assistance to Buyers; Developer Cooperation in Marketing Affordable Housing Units to Lower Income Purchasers 2t
4. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS...... "...... 22 4,1 Restrictions on Transfer of Developer's Rights and Obligations.... 22 4.1.1 General..... 22 4.1.2 Permiued Transfers... 22 4.1.3 Assignment and Assumption Agreement ...... 23 4.1.4 City Action re Requested Transfer 24 4.2 Holders of Deeds of Trust 24 4.3 Rights of Holders. 24 4.4 Noninterference with Holders ...... 24 4.5 Right of City to Cure 25 4.6 Right of City to Satisfy Other Liens...... 25
,..,.,...... ,.25 5 USE OF THE PROPERTY 5.1 Obligation to Refrain from Discrimination """"""""""25 5.2 Form of Nondiscrimination and Non-segregation Clauses...... 25 26 6. EVENTS OF DEFAULT, REMEDIES AND TERMINATION 6.1 Defaults - Definition 26 6.2 Remedies 27 6.3 No Personal LiabilitY.. 27 6.4 Rights and Remedies are Cumulative 27 27 6.5 Inaction Not a Waiver of Default 6.6 Force Majeure DelaYs...... 28 6.7 Attorneys'Fees...... 28 6.8 Venue and Persons Authorized to Accept Service of Process. 28 7. INSURANCE; NDEMNITY...... 29 7.1 Insurance.. 29 7.2 Indemnity.... 30 ...... 30 8. REPRESENTATIONS AND WARRANTIES ."...... 8.1 Developer Representations..'...... """""""" 30 8.2 City Representations. """"""""" 31
31 9 GENERAL PROVISIONS...... """"' 9.1 Notices """"""""""" 31 g.2 Construction...... """"""""32 g.3 Interpretation...... """"""""'32 g.4 Time of the Essence.. """""""""32 g.5 warranty Against Payment of consideration for Agreement .....'....'...... "32 9.6 Entire AgreJment Waivers and Amendments """"""""32 g.7 Severability """""""' 33
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9.8 Headings 33 9.9 No Third Party Beneficiaries.... 33 9.10 Governing Law...... 33 9.1I Survival.... JJ 9.t2 Estoppel Certificates 33 9.13 34 9.14 34
EXHIBITS
A LEGAL DESCRIPTION OF LAND B SCHEDULE OF PERFORMANCE C FORM OF GRANT DEED D FORM OF CERTIFICATE OF COMPLETION E DEED OF TRUST AND NOTICE OF AFFORDABILITY COVENANTS (FOR INITIAL PURCHASERS OF AFFORDABLE UNITS) F TINIT REGULATORY AGREEMENT
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Agenda Report CITY OF LA VERNE C o m m u n ity D evel o pment D epartme nt
DATE: December 21 ,2O2O
TO Mayor and City Council
FROM: Eric Scherer, AICP, Community Development Director
SUBJECT: Shortterm Rental Update
AGENDA SUMMARY
On November 16th, 2020, the City Council of La Verne held a study session to discuss the Short{erm Rental (STR) draft ordinance. The City Council provided staff with direction on some of the proposed modifications for STRs. Staff has made these modifications and will present them to the Council for further direction.
RECOMENDATION
Staff recommends that the City Council review the proposed modifications to the draft ordinance and provide staff with direction on moving forward with public hearings for review of the draft ordinance or to make further modifications to the regulations.
BACKGROUND
At the November 16,2020 City Council study session, staff presented the main requirements that were under consideration for the draft ordinance regulating STRs. While the Council seemed to support most of the regulations, there was some direction back to staff to modify or clarify specific issues. The following were specific directions that staff received:
1. Parking. Staff has included a general parking standard for STRs that will require a host to provide off-street parking for all guests during their stay. 2. Noticing. Staff has modified the noticing requirement from a 25 feet minimum radius to a minimum of 6 immediately ad.iacent property owners. lf 3 or more of those property owners object to the issuance of the STR permit, the permit may be denied. 3. Required Applicant. Staff has modified the draft ordinance to require that the property owner be required to be the applicant for a STR permit. An owner/applicant can assign another party to be the responsible host. 4. Children. Staff has included language to exclude children under 18 from the STR'S maximum occupancy limit. 5. ldentifying lllegal STRs. Staff had conservations with a major STR platform about their ability to identify rentals advertised as a Long-term Rental but allowing guest to terminate their stay after less than 30 days, and whether the platform could capture those instances, as well as collect the associated Transient Occupancy Tax (TOT) that should be applied. While they do not have that ability today, they indicated that they
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City Council Agenda Report Short-term Rental Update December 2'1, 2020
would work with the City to evaluate these types of situations on a case-by-case basis for enforcement and are in favor of the ordinance having language in place to support this in the future. 6. Establishing Higher Fines. ln Staff's research, the fees currently imposed are the max that is permitted by state law for municipal code violations.
With these proposed modifications, staff believes that the issues raised by the City Council at the study session will be addressed in the draft ordinance. Staff is still waiting to have further discussions with the hosting platforms, but expect that we could schedule public hearings before the Planning Commission and City Council in the next 2-3 months.
Respectfully submitted by: Gabriel Rivera, Planning lntern
Attachment: November 16, 2020 Study Session Presentation Slides
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Ciry Council Study Session Short-term Rentals November L5,2020
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History of Short-term Rentals in La Verne
. Over the past year, staff has received complaints from residents regarding short-term rentals.
. The La Verne City Council agendized the issue of short-term rentals on December L6,20t9. The Council asked that staff return with a moratorium on the use.
. On January 21,,2O2O, the Council imposed a 45 day moratorium, also allowing for an exception with adjacent property owner approval.
. On March 2,2020, the Council extended the moratorium to provide staff time to prepare an ordinance to regulate the use. The Council also gave direction to hold a study session with the Council and the hosts to solicit their input.
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History Continued . Due to COVID-19, staff had postponed the planned study session with the public in hopes that such meetings could occur in the futu re.
. On August 77,2O2O, with the moratorium set to expire on September 2,2020, the Council extended the moratorium to August 77,2O2L.lt was also agreed upon that the study session would have to be hosted virtually.
. Staff has explored other short-term rental ordinances from other cities, and have come up with a set of regulations staff believes are best suited for La Verne.
. On October 28,2O2O, staff notified short-term rental hosts and residents affected by short-term rentals regarding the study session, and some of the proposed regulations for operating a short-term re nta l.
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Short-term Rental M oratorium
. After the short-term rental was put in place, staff identified twenty- one short-term rentals in La Verne.
. The hosts were notified of the moratorium and the exception req u irements.
. To date three short-term rentals have received the exemption with others being denied or ceasing to operate.
. Since the adoption of the urgency ordinance, the City has responded to two complaints about short-term rentals.
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Draft Ordinance
. The proposed "Over the Counter" permit process covers the issuance, renewal, and expiration of a permit. . All hosts are required to obtain a short-term rental permit. Aspects of the short-term rental permit are as follows: . Hosts to provide their personal information. . Short-term rentals may only be operated for 30 consecutive days or less. . A floor plan of the residence shall be provided. . Documentation that the short-term rental is the host's primary residence. . Only one party may book per property per day. . A maximum of two people per bedroom, with up to a maximum of 10 per short-term rental. . Hosts shall remain on-site for the duration of the booking.
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Noticing
' After a short-term rental permit is received, staff will then notice neighbors within at least 25 feet of the short-term rental property. ' lf 50% or more of those notified reject the short-term rental proposal, the permit could not be approved administratively.
' lf an application, or the host cannot meet all of the requirements noted above, then the host may apply for a Conditional Use Permit for consideration by the Planning Commission during a public hearing.
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Conditional Use Permit
. The process of obtaining a Conditional Use Permit are as follows: . Host shall pay an initial deposit of S1,500. . City staff will publish a notice in the newspaper and notice residents within 300 feet of the property ten days prior to the public hearing. . The information provided from the "Overthe Counter" permit short- term rental permit will be used to present at the public hearing. . The public will have an opportunity to submit comments before the public hearing. . The Planning Commission must find from the facts presented, that the short-term rental will not have any adverse affects on the surrounding community.
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Required City Approvals
o "Over the Counter" short-term rental permit or approved Conditional Use Permit.
. Valid Business License for the short-term rental.
. Transient Occupancy Tax (TOT) permit.
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Permit Renewal and Revocation
. Short-term rental permits shall be renewed annually with the business license from the date of the permit issuance. . To obtain a renewal, hosts shall: ' Apply for a renewal no later than thirty days prior to the expiration ofthe permit. ' Pay the Short-term Permit fee for the permit renewal. ' The renewal of the short-term rental permit shall be valid for one year from the original expiration date of the permit.
. Failure from the host to submit a complete application prior to the expiration date of the existing permit shall be a basis for denial of the renewal.
. The Community Development Director may revoke an issued permit if the host is found in violation of the ordinance. . Hosts whose permit have been revoked may apply for a new permit one year after the revocation of the permit.
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H osting Platform Regulations
. Hosting platforms, such as AirBnB or VRBO, will be responsible for collecting all Transient Occupancy Iax (TOT) and remitting the same to the City on a quarterly basis.
. Hosting platforms shall also disclose information, on a quarterly basis, of each short-term rental listing located in the City.
. Hosting platforms shall require to post on short-term rental listings that hosts are to obtain a City-issued registration number in a format designated by the City.
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Feedback Received
Staff received the following comments: . How will compliance be evaluated/monitored? . Are short term rental permits are only granted if it is a back house? . Will the owner/host be required to share direct contact information with the neighbors in the event there is a situation? . Why would you grant a conditional permit or allow a process for approval if the neighbors oppose the short term rental? How is this considered fair to the residents of Third Street or the City of La Verne? . How will surrounding neighbors be able to respond to the application? ls it an easy process? . The City should deal directly with the hosts rather than noticing the surrounding neighbors for their approval. . Will the City of La Verne be responsible for any damages, theft, danger incurring due to short term rental?
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Next Steps
. Based on the Council's direction, staff will finalize a draft ordinance.
. A public hearing will be set before the Planning Commission for a recommendation to the City Council (Expected in December 2O2O).
. A public hearing will be set before the City Council for consideration of the ordinance (Expected in January 2021).
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Questions/ Public Input
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