PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Limonite Gap Closure
PROJECT DESCRIPTION: Project will connect from 2,450 LF east of Hellman Ave to Archibald Avenue. The total length of the proposed project is approximately 3,200 LF including a bridge over the Cucamonga Creek. Both road and bridge will serve 4 lanes of traffic including bicycle and pedestrian facilities. A separate pedestrian bridge over the Cucamonga Creek little south of the proposed vehicular bridge, as shown on the below map, is also part of this project.
PROJECT STATUS: 95% plans and specifications under review.
Construction Management service procured.
Working with various agencies to obtain necessary permits.
PROJECT SCHEDULE: Design contract award date - May 22, 2019 30% design completed - December 2019
NOD filed - December 2020
90% design - November 2021
Estimated 100% design - Summer 2022
PROJECT MAP:
Proposed Limonite Ave Bridge
Proposed Pedestrian Bridge
237
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Improvement of Bike Network Connectivity/ATP Trails PROJECT DESCRIPTION: Project will design and construct nearly 5 miles of trails running along Scholar Way and Harrison Avenue. The project will provide dedicated space for people to bike and walk from north Eastvale to the Santa Ana River Trail on the south.
PROJECT STATUS: Design contract was awarded to Mark Thomas. Preliminary design work has started. Community outreach meeting was held January 22, 2022. Currently working with Caltrans to approve scope change to change from Class IV with lane reduction to Class I with no lane reduction.
PROJECT SCHEDULE: Mark Thomas is performing Phase 1B efforts consisting of preliminary design and public outreach.
PROJECT MAP:
238
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Annual Asphalt Overlay Project
PROJECT DESCRIPTION: Project scope includes grinding of pavement, placement of 2” asphalt concrete, curb ramp improvements for accessibility, traffic loop replacement, utility cover adjustments, replacement and enhancement of traffic striping, and installation of landscape.
PROJECT STATUS: Construction contract was awarded to All American Asphalt on January 12, 2022. All paving work has been completed, except the work along Milliken, which is waiting on Caltrans permit issuance.
PROJECT SCHEDULE: Notice to Proceed was issued on January 24, 2022 and the construction is anticipated to be complete in late April.
PROJECT MAP:
239
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Capital Improvements Project
PROJECT NAME: ADA Transition Plan
PROJECT DESCRIPTION: Program includes preparation and implementation of an ADA Self Evaluation Plan as required under the Americans with Disabilities Act (ADA). Future year funding will support removal of ADA barriers as identified in the Plan. Annual program to provide improvements focusing on ADA accessibility, including curb ramps and sidewalks throughout the City.
PROJECT SCHEDULE: This is an on-going project. Currently, field work to identify ADA barriers on City streets including curb ramps and sidewalks is on hold.
CDBG application has been submitted for funding.
240
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Traffic Sign Inventory
PROJECT DESCRIPTION: The project will improve roadway safety and traffic through upgrades to existing and/or adding new high-visibility traffic signs.
PROJECT SCHEDULE: Inventory of traffic sign has been completed. Currently, field work to collect reflectivity of signs to meet MUTCD is on-going.
241
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Archibald Avenue/Limonite Avenue Widening Project PROJECT DESCRIPTION: Street widening and safety project for Archibald Avenue from the City of Ontario limits south of the SCE easement, including the intersection at Limonite Avenue and portions of Limonite Avenue east and west of the intersection. The project looks to improve safety and overall circulation in conjunction with the improvements associated with the Homestead and Merge developments, and Limonite Gap Project. Components of the project include, but are not limited to, coordinating with SCE to relocate SCE high-tension support structures.
PROJECT STATUS: • City approved the proposed design plan from SCE on July 14, 2021. • SCE is procuring materials and submitted encroachment permit application to the City.
• Construction for foundation is expected to begin in summer 2022.
PROJECT MAP:
LIMONITE AVE
ARCHIBALD AVE
242
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Residential Development
PROJECT NAME: Prado (TR 35751)
PROJECT LOCATION: Southeast corner of Schleisman Road and Cucamonga Flood Channel PROJECT DESCRIPTION: Improvements include a development of a gated community of 243 attached and detached single-family homes on approximately 19 acres.
PROJECT STATUS: Punch list items have been issued.
PROJECT MAP:
SCHLEISMAN RD
243
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Residential Development
PROJECT NAME: Pulte (TR 28943)
PROJECT LOCATION: Southeast corner of Limonite Avenue and Scholar Avenue PROJECT DESCRIPTION: Improvements consists of 79 residential units.
PROJECT STATUS: Improvements have been completed. Project close-out task is remaining before city council accepts the project as complete.
PROJECT MAP:
LIMONITE AVE
SCHOLAR WAY
244
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Commercial Development
PROJECT NAME: The Merge
PROJECT LOCATION: Northeast corner of Limonite Avenue and Archibald Avenue PROJECT DESCRIPTION: Improvements includes 26 gross acres.
PROJECT STATUS: Onsite and offsite improvements ongoing PROJECT MAP:
ARCHIBALD AVE
LIMONITE AVE
245
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Commercial Development
PROJECT NAME: The Ranch by Transwestern
PROJECT NUMBER: PW19-11322
PROJECT LOCATION: East end of Limonite Avenue west of the Cucamonga Creek PROJECT DESCRIPTION: Improvements include 20 gross acres including 2 light industrial warehouses.
PROJECT STATUS: Onsite and offsite improvements ongoing PROJECT MAP:
CUCAMONGA CREEK
HELLMAN AVE
246
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Commercial Development
PROJECT NAME: Homestead
PROJECT NUMBER: PW20-10052
PROJECT LOCATION: Northwest corner of Limonite Avenue and Archibald Avenue PROJECT DESCRIPTION: Improvements include 55.86 gross acres consisting of six industrial buildings
PROJECT STATUS: Onsite and offsite improvements ongoing PROJECT MAP:
LIMONITE AVE
ARCHIBALD AVE
247
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Commercial Development
PROJECT NAME: Vantage Point Church
PROJECT NUMBER: PW15-1174
PROJECT LOCATION: Northeast corner of Archibald Avenue and Prado Basin Park Road PROJECT DESCRIPTION: Improvements include development of an approximately 85,000 sq. ft. church which includes a sanctuary, classrooms, cafe, and a bookstore on 10.43 acres.
PROJECT STATUS: Onsite improvement ongoing
PROJECT MAP:
248
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Commercial Development
PROJECT NAME: Hamner Place
PROJECT NUMBER: PW18-10712
PROJECT LOCATION: East of Hamner Avenue and Schleisman Road PROJECT DESCRIPTION: Improvements include 21.48 gross acres.
PROJECT STATUS: Onsite improvement ongoing
PROJECT MAP:
HAMNER AVE
249
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Commercial Development
PROJECT NAME: The Campus Business Park
PROJECT NUMBER: PW12-0750
PROJECT LOCATION: West side of Archibald Avenue south of Limonite Avenue PROJECT DESCRIPTION: Improvements includes 53.37 gross acres with 11 development parcels and 6 letter lots.
PROJECT STATUS: Public improvements completed. Project close-out task is remaining before city council accepts the project as complete.
PROJECT MAP:
LIMONITE AVE
ARCHIBALD AVE
250
Agency Grant Name Project Name Grant Award Match Due Date Status CalRecycle Rubberized Pavement Grant
TRP 10
Annual Overlay Project $ 203,180.00 $ - 3/1/2022 Under construction as part of the Annual Overlay Project
CTC/
Caltrans
Active Transportation Project Improvement of Bike Network Connectivity
$ 6,471,000.00 $ 1,620,000.00 6/30/2025 Under design CTC/
Caltrans
Local Partnership Program Limonite Gap Closure Project 9,475,000.00$ -$ Award construction by December 2022
Grant request has been
approved. Allocation for
construction funds will be
requested in Fall 2022.
CTC/
Caltrans
Active Transportation Project Southeast Eastvale Safe Routes to School Gap Closures
1,420,000.00$ -$ Construction in FY22/23
Grant request has been
approved
Caltrans Highway Safety Improvement
Program (HSIP) Cycle 10
Advanced Dilemma Zone
Detection
712,800.00$ -$ Under design
Caltrans Highway Safety Improvement
Program (HSIP) Cycle 10
Retroflective Backplate for
Signals
278,100.00$ -$ Under design
CalRecycle Rubberized Pavement Grant
TRP 13
Annual Overlay Project $ 174,999.00 $ - April 1, 2023 Grant request has been approved
RCTC SB821 Bicycle and Pedestrian Safety
Enhancement on Citrus St,
Sumner Ave and River Rd
$ 432,500.00 $ 469,953.00 Under construction as part of the Annual Overlay Project
CAL FIRE Resource Management Grant City of Eastvale Urban Foresty Management
$ 249,925.00 $ 60,024.00 March 30, 2024 Grant request has been approved
National
Endowment
for the Arts
Our Town FY22 Limonite Avenue Roundabout
Sculpture/Art Element
25,000.00$ 25,000.00$ August 2021 Announcement of grant in April 2022
PUBLIC WORKS GRANTS SUMMARY
AWARDED GRANTS
FUTURE GRANTS
251
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.6
April 27, 2022
City of Eastvale Crime Statistics – February 2022
Prepared By:
Eva Terekhova, Emergency Management Specialist
Recommended Action(s)
Staff recommends that the City Council receive and file the Eastvale Crime Sta s
cs for February
2022.
Summary
The City Council requested staff to collaborate with the Riverside County Sheriff’s Department to develop a crime sta
s
cs document that would reflect selected Part I and Part II crime data for the City of Eastvale. Intended to show month-to-month crime sta s
cs, the document will assist in
determining appropriate staffing levels for law enforcement services.
Background
In May 2017, City Council directed staff to coordinate with the Riverside County Sheriff’s Department to request and obtain monthly crime sta
s
cs for the City of Eastvale. The primary
intent of the request was to determine appropriate staffing levels during the City’s contract nego
a
ons with the Sheriff’s Department. Over several weeks, the city manager and staff worked collabora
vely with Riverside County Sheriff’s Department administra on and management to
obtain crime statistics that could be shared with the public on a regular basis.
Upon receiving the data, the Riverside County Sheriff’s Department advised staff that the data provided would be reflec
ve of the previous month, or thirty days behind the current month; and that the report would need to include a disclaimer identifying the data as preliminary and raw.
At the July 26, 2017 mee
ng, City Council recommended that staff add columns reflec ve of felony
and misdemeanor arrests. During the September 26, 2017 mee ng, City Council recommended staff
add traffic viola
ons/cita
ons data and the total calls for service broken down per month. Crime 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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252
sta
s
cs that were released in the
me that passed since the last mee
ng of the City Council are
attached.
Environmental
Crime sta
s
cs are not a project pursuant to the California Environmental Quality Act (CEQA) and no environmental review is required.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not Applicable.
Fiscal Impact
This request has no fiscal impact.
Prior City Council/Commission Action
July 25, 2017: Approved by the Public Safety Commission September 26, 2017: Approved by City Council
Attachment(s)
Attachment
- February 2022 Eastvale Crime Statistics
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City of Eastvale
Crime Statistics
February 2022
Violent Crime Statistics
VIOLENT CRIMES
ESTIMATED 2021 POPULATION = 67,626
FEB
2022
CRIME
RATE
PER
1000
FEB
2021
CRIME
RATE
PER
1000
JAN
2022
CRIME
RATE
PER
1000
DEC
2021
CRIME
RATE
PER
1000
NOV
2021
CRIME
RATE
PER
1000
YEAR
TO
DATE
2022
YEAR
TO
DATE
2021
YEAR
END
TOTAL
2020
HOMICIDE 0 0 0 0 0 0 0 0 0 0 0 1 1
RAPE 1 0.01 0 0 1 0.01 0 0 0 0 2 2 3
ROBBERY 0 0 2 0.03 4 0.06 3 0.04 0 0 4 23 22
AGGRAVATED
ASSAULT 11 0.16 8 0.12 6 0.09 2 0.03 4 0.06 17 51 54
ARSON 0 0 0 0 0 0 0 0 0 0 0 0 2
TOTAL 12 N/A 10 N/A 11 N/A 5 N/A 4 N/A 23 72 82
YEAR POPULATION TOTAL CALLS FOR
SERVICE/FILE #S
2021 67,626 25,104
2020 66,413 23,778
2019 66,078 24,587
2018 64,855 28,383
2017 64,613 32,295
2016 63,214 31,234
LEGEND
All data is preliminary, pending year end verification by CA-DOJ and FBI.
The numbers presented here are raw statistics based on the information currently in the Records Management System (RMS).
Source of population data: State of California, Department of Finance “Total calls for service/file #s generated” encompass ALL call types inclusive of the ones listed and not listed on this chart.
Year to Date (YTD) is calendar year
TOTAL CALLS FOR SERVICE/FILE #S GENERATED
YEAR: 2022 POPULATION: 67,626 TOTAL YTD: 3,811
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
1,659 2,152
Non-Violent Crime Statistics
PROPERTY CRIMES
ESTIMATED 2021 POPULATION = 67,626
FEB
2022
CRIME
RATE
PER
1000
FEB
2021
CRIME
RATE
PER
1000
JAN
2022
CRIME
RATE
PER
1000
DEC
2021
CRIME
RATE
PER
1000
NOV
2021
CRIME
RATE
PER
1000
YEAR
TO
DATE
2022
YEAR TO
DATE
2021
YEAR
END
TOTAL
2020
BURGLARY 13 0.12 13 0.20 8 0.12 17 0.25 10 0.15 21 158 127
VEHICLE
THEFT 12 0.19 11 0.17 13 0.19 19 0.28 9 0.13 25 140 140
LARCENY
THEFT 74 0.99 39 0.59 67 0.99 63 0.93 55 0.81 141 601 557 MAIL THEFT 3 0.04 9 0.14 3 0.04 3 0.04 3 0.04 6 69 88
INJURY TCS 7 0.19 9 0.14 13 0.19 9 0.13 19 0.28 20 136 140 FELONY
ARREST 18 0.35 18 0.27 24 0.35 22 0.33 29 0.43 42 227 159
MISDEMEANOR
ARREST 29 0.28 12 0.18 19 0.28 27 0.40 23 0.34 48 243 305
TRAFFIC
CITATIONS 327 4.35 258 3.88 294 4.35 192 2.84 216 3.19 621 3,674 3,273
TOTAL 483 N/A 369 N/A 441 N/A 352 N/A 364 N/A 924 5,248 4,789 254
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.7
April 27, 2022
Communications Monthly Summary
Prepared By:
Mollie Kortsen, Communications Specialist
Recommended Action(s)
Staff recommends that the City Council receive and file the Communications Monthly Summary.
Summary
The City of Eastvale Communica
ons Division, under the direc
on of the City Clerk/Communica
ons
Department, works to provide important and valuable informa on to the community to ensure
cons
tuents are kept up to date with City occurrences. This informa on is disseminated through
various pla#orms including the City’s website, social media outlets, and coordinated press releases.
All outreach efforts are rooted in the Communica
on Division’s guiding principles which focus on
providing proac
ve and strategic communica
on, crea
ng awareness, increasing collabora
on
efforts, inspiring inclusive community, and maintaining ongoing dialogues of two-way communica
on. A monthly summary is provided to capture the avenues of outreach that are taken to inform Eastvale residents.
Background
The City of Eastvale provides informa
on to cons
tuents through the City’s website, social media
pla#orms, and media releases. The City’s website contains informa on pertaining to City Council
and Commission agendas, minutes, community events, crime preven on, safety
ps, frequently
asked ques
ons, and more. By visi
ng the City’s website, residents can also subscribe to Eastvale’s e-no
fica
on system. Eno
fica
on is a free service provided by City Hall, where subscribers can select the types of no
fica
ons they would like to receive by email. Links are also available to the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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255
City’s Facebook, Twi7er, Instagram, and LinkedIn accounts. Addi onally, the City collaborates with
our partner agencies to coordinate press releases that are disseminated using the above networks.
Environmental
N/A
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
N/A
Fiscal Impact
N/A
Prior City Council/Commission Action
N/A
Attachment(s)
Attachment - Communications Report April 27.pdf
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COMMUNICATIONS REPORT
Working with The New Home Group to promote Downtown
Eastvale
24.5k accounts reach on Instagram, 10.5% increase
368 clicks on our Linktree account
To meet last months goal of prioritizing direct message and social media feed response, the Communications Team spent time every day responding to direct messages and scanning social media to respond to any comments in a timely manner 4 community groups joined the Adopt A Roadway Program
Communications Team attended Eastvale Little League Opening Day, Eastvale Youth City Council, UNITY Awards, Chamber of Commerce Business and Breakfast Mixer, EATSvale
April/May Communications Division Goal:
March Highlights:
The Engage Eastvale page attracts approximately 280 visitors per month. The Communications Team will work to raise the visitor count to 350 per month.
257
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.8
April 27, 2022
Approval of the Reimbursement Agreement between the City and Developer to Install Enhanced Landscaping for the Amount of $41,562 at the Transwestern Project
Prepared By:
Cassandra Sanchez, Principal Engineer
Recommended Action(s)
Staff recommends that City Council a
pprove a r
eimbursement agreement between the City and the
Developer to buy and install enhanced landscaping along the frontage of the Transwestern project in the amount of $41,562
Summary
During the installa'on of the off-site improvements for Transwestern, the City desired an opportunity to make improvements along the City's arterial roadways. The City is working with the Developer to install enhanced landscaping along Limonite at the Transwestern Project frontage.
Background
Landscaping and ligh'ng plans for the Transwestern property were approved on December 16, 2020. Since that 'me, the City endeavored to improve the landscaping along arterial roads when the opportunity arose to brand the City of Eastvale by bringing enhanced landscaping to public areas.
The frontage along the Transwestern project is one such opportunity to include addi'onal trees within the median and along the sidewalk for shade. These improvements will contribute to the overall visual impact of Limonite and complement the Limonite Gap project as it moves forward.
The City provided the a/ached reimbursement agreement (See A/achment No. 1) which the Developer has agreed to execute. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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258
The construc'on is es'mated to cost $41,562, and the staff has reviewed and approved the estimated construction costs.
Environmental
The ac'vi'es associated with this agreement were previously analyzed and approved in the Environmental Impact Report (EIR) . The proposed enhanced landscaping is consistent with the original analysis and further documenta'on for the purposes of the California Environmental Quality Act is not required.
Strategic Plan Action - Priority Level: 2
| Target #: 2
| Goal #: 4
Develop branding and identity of Eastvale.
Fiscal Impact
The cost of the proposed improvement addressed by the reimbursement agreement is $41,562. The City will reimburse the Developer per the terms of the agreement, once an invoice is submi/ed, using Account No.
200-510-6660-94010 (Gas Tax), Capital Improvement Project No. 94010, Citywide Branding: Entryway and Median Improvements.
Prior City Council/Commission Action
On December 8, 2021, City Council approved the Transwestern Project Final Map (Parcel 37635).
On June 17, 2020, the Planning Commission voted to approve an amendment to the Tenta've Parcel Map No. 37625, recommending that the City Council approve the project.
On December 19, 2018, the Planning Commission approved Tenta've Parcel Map No. 37625 to subdivide the project site into 3 parcels and a street, subject to conditions of approval.
Attachment(s)
Attachment 1 - Reimbursement Agreement
Attachment 2 - Site Map
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REIMBURSEMENT AGREEMENT
This Reimbursement Agreement (“Agreement”) is made and entered into as of April 13, 2022, by and between the CITY OF EASTVALE, an incorporated municipality and California general law city (hereinafter, “City"), and TDC Remington Partners, LLC, a Delaware Limited Liability Company (hereinafter, “Developer”). The City and Developer may collectively be referred to as the “Parties.”
RECITALS
WHEREAS, the Developer is constructing the Transwestern development along Limonite, westerly of Cucamonga Creek (Tract Map No. 36735)
WHEREAS, the City requested the Developer construct additional landscape improvements on Limonite along the frontage of the project shown in Exhibit A (“Enhanced Landscape”).
WHEREAS, the City desires to reimburse Developer for the costs it incurred in purchasing and installing the Enhanced Landscape as part of the off-site improvements.
WHEREAS, the purpose of this Agreement to memorialize between the City and Developer regarding the reimbursement of costs associated with the Enhanced Landscaping along the frontage of Transwestern Project.
NOW, THEREFORE, in consideration of the above recited premises, together with the mutual covenants herein contained and attached hereto, it is agreed that:
AGREEMENT
1. RECITALS
The Parties agree that the above recitals are true and correct and are incorporated into this Agreement by reference.
2. REIMBURSEMENT OBLIGATION
Within 90 days after the City accepts the Enhanced Landscape, Developer shall submit to City an invoice detailing the work performed in conjunction with the Enhanced Landscape and the costs thereof, including a breakdown of labor and materials. The City shall pay all undisputed amounts within 30 days of receipt of the invoice, but not to exceed $41,562 for the Enhanced Landscape Costs as shown in Exhibit B. Receipt and acceptance of payment by Developer pursuant to this Agreement shall constitute full and final compensation from the City for all work performed by Developer, or its contractors related to the Enhanced Landscape. Developer shall not seek any other reimbursement from City related to the landscape improvements.
260
3. PREVAILING WAGE
Developer acknowledges and agrees that the construction of the Enhanced Landscape is subject to prevailing wage rates as provided in Labor Code Section 1720, ct seq. (“State Labor Code”). Developer warrants that it will comply and cause its contractor to comply with all applicable State Labor Code requirements, including provisions requiring the payment of prevailing wages in connection with the installation of the Enhanced Landscape.
Developer shall defend (with counsel reasonably acceptable to City) indemnify and hold harmless City and its elected officials, officers, agents, employees and contractors (collectively, “City Parties”) from and against any and all claims made by a third party or parties arising out of Developer’s obligation to comply with all State Labor Code and, if applicable, Davis-Bacon requirements pertaining to public works and payment of prevailing wages in connection with the construction of the Enhanced Landscape, as required pursuant to the immediately preceding paragraph, and indemnify and hold harmless City and City Parties with respect to all liabilities, costs and damages in connection therewith (including attorneys’ fees and costs), including final judgments or settlements in actions brought by any “contractor” in which City is(i) determined to be an “awarding body” and (ii) damages are awarded, pursuant to Labor Code Sections 1726 or 1781 or applicable portions of Davis-Bacon. Developer’s indemnity obligations under this Section shall survive expiration or termination of this Agreement.
Developer hereby waives and release City and City Parties from any and all manner of claims or other compensation whatsoever, in law or equity, arising out of, directly or indirectly, or in any way connected with Developer’s obligation to comply with all State Labor Code and, if applicable, Davis-Bacon requirements in connection with the constriction of the Enhanced Landscape.
5. INDEMNIFICATION
Developer agrees to indemnify, defend, save, and hold harmless the City and its respective officers, agents, servants and employees, of and from any liabilities, claims, demands, suits, action and cause of action arising out of or in any manner connected with any act or omission of Developer in connection with Developer’s duties and obligations under this Agreement.
6. DEVELOPER AS A PRIVATE DEVELOPER AND INDEPENDENT CONTRACTOR
Developer is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Developer shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
The personnel performing the work under this Agreement on behalf of Developer shall at 261
all times be under Developer’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Developer or any of Developer’s personnel. Developer shall not at any time or in any manner represent that Developer or any of Developer’s personnel are in any manner officials, officers, or employees of City.
Neither Developer, nor any of Developer’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees.
Developer expressly waives any claim Developer, its officers, employees, agents or subcontractors, may have to any such rights. Developer’s indemnity obligations of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Developer, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees.
This provision shall survive the expiration or earlier termination of this Agreement.
4. NOTICES
All notices under this Agreement shall be sent as follows:
Developer: Transwestern Development Company
3501 Jamboree Road, Suite 4400
Newport Beach, CA 92660
Attn:
Eastvale: City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Attn: Henry Garcia
5. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the Parties with respect to the matters set forth herein. Any amendments, modifications, or changes to this Agreement shall be in writing and signed by both Parties.
6. SEVERABILITY
If any provision of this Agreement or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, the remaining provisions of this Agreement and the application thereof shall remain in full force and effect and shall not be affected, impaired or invalidated.
7. JURISDICTION
This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction and venue of litigation arising from this Agreement shall be in the 262
County of Riverside, State of California.
8. INTERPRETATION
As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates.
The word “including” shall be construed as if followed by the words “without limitation.” This Agreement is the product of negotiations between the parties, and it shall not be construed as if it had been prepared by one of the parties, but rather as if all of the parties prepared the Agreement. Any rule of construction, to the effect that ambiguities are to be resolved against the drafting party, shall not apply in interpreting this Agreement.
9. AUTHORITY
Each person executing this Agreement covenants and warrants that they are duly and validly authorized to do so.
10. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an original.
11. ATTORNEYS’ FEES
If any legal action is brought by either Party to interpret or enforce any terms or provisions of this Agreement, the prevailing Party shall be entitled to its reasonable attorneys’ fees and costs.
12. INSURANCE
Developer agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Developer agrees to provide City with copies of required policies upon request.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF EASTVALE DEVELOPER
By: By:
Henry Garcia, Interim City Manager Title
263
Dated: Dated:
APPROVED AS TO FORM:
Erica Vega, City Attorney
264
EXHIBIT “A”
EXHIBIT OF ENHANCED LANDSCAPE
265
266
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MATCHLINE SEE SHEET LP-3
CUCAMONGA CHANNEL
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WATER
WATER METERS/BACKFLOW
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L
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L L L L L L L
L
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L L L L L L L L L L L
L L L L L L L L L L L
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SEE ARCHITECTURAL PLANS FOR PAVERS
SEE ARCHITECTURAL PLANS FOR PAVERS
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CITY TO INSTALL LANDSCAPING
AND IRRIGATION IN THIS AREA
WITH BRIDGE CONSTRUCTION
TREE PLACEMENT IN ROW
NEAR DRIVEWAYS IS PENDING
THE APPROVAL AND
ADJUSTMENT AT THE
DESCRETION OF THE CITY'S
INSPECTOR
24" Box
African Sumac
Rhus lancea 24 L
Cercis 'Hearts of Gold'
Hearts of Gold Redbud
Street Tree
Pistacia chinensis
Chinese Pistache
Quercus agrifolia
Coast Live Oak
Standard
24" Box 8 L Standard
Multi
24" Box L23
24" Box 8 L
Standard
Street Tree
QTYSIZE REMARKSSYMBOL
SHRUBS
BOTANICAL/COMMON NAME WUCOLS
Callistemon 'Little John'
Dwarf Bottle Brush
5 Gal M 722Clj
Silverberry
Elaeagnus pungensE 5 Gal L 378
Fortnight Lily
Dietes bicolor 5 Gal M 76
24" Box
Afghan Pine
Pinus eldarica 116 L Standard
London Plane
Platanus acerifolia ‘Columbia’ 24" Box Standard8M
Street Tree
Slow growth
to 10' tall
Century Plant
Agave americana 5 Gal L 12AA
TREES
BOTANICAL/COMMON NAMESYMBOL
PLANTING LEGEND
WUCOLSSIZE QTY REMARKS
Olive
Olea europaea Multi9L48" Box
Cupressus sempervirens
Italian Cypress
24" Box Standard13 M
Acacia baileyana 'Purpurea'
Purple Leaf Acacia
L1536" Box Multi
Flame Bottle Tree
Brachychiton acerifolius 24" Box Standard6M
Ginkgo biloba 'Princeton Sentry'
Princeton Sentry Ginkgo
36" Box Standard20 M
Silk Oak Tree
Grevillea Robusta 24" Box 3 M Multi
24'' Box
Chinese Flame Tree
Koelreuteria bipinnata 1M Multi
8' O.C.1 GalBougainvillea rosenka
Bougainvillea
GROUNDCOVER
6' O.C.1 GalBaccharis p. 'Pigeon Point'
Dwarf Coyote Bush
L
Coast Rosemary
Westringia fruticosa
L
SPACINGSIZE REMARKSSYMBOL BOTANICAL/COMMON NAME WUCOLS
Texas Privet
Ligustrum j. Texanum
Rhaphiolepis i. 'Clara'
Indian Hawthorn
RC
5 Gal M 443
5 Gal M 829
5 Gal L 405W
California Gray Rush
Juncus patens 5 Gal L 126
Spiney-headed Mat Rush
Lomandra l. 'Breeze' 5 Gal M 93Lb
Jp
Toyon
Heteromeles arbutifolia 5 Gal L 88H
15 Gal 39
15 Gal 276
@ channel
@ channel
L
18'' O.C.1 GalAchillea 'Paprika' ^
Paprika Yarrow
L
48" O.C.1 GalCentaurea gymnocarpa
Velvet Centaurea
18" O.C.1 GalDianella revoluta 'Little Rev'
Little Rev Flax Lily
M
L
Pink Muhly
Muhlenbergia capillaris 5 Gal L 8Mc
SCE NOTES
THE MAINTENANCE OF ALL LANDSCAPE, DRAINAGE STRUCTURES, AND SLOPES WITHIN
THE SUBJECT SCE RIGHT OF WAY AND RECONSTRUCTED ACCESS ROAD SLOPES SHALL BE MAINTAINED BY THE TRANSWESTERN DEVELOPMENT COMPANY.
ANY IRRIGATION OR LANDSCAPE DAMAGED BY, OR REQUIRED RELOCATION FOR SCE IN
THE FUTURE, SHALL BE REPAIRED OR RELOCATED BY TRANSWESTERN COMPANY AT NO COST TO SCE.
NO VALVES OR CONTROLLERS OF ANY TYPE AREA ALLOWED IN THE SUBJECT SCE LAND MANAGEMENT DEPARTMENT IN WRITING, PRIOR TO BEING INSTALLED.
ANY TREES OR PLANTS WITHIN THE RIGHT OF WAY AREA SHALL BE MAINTAINED BY
TRANSWESTERN DEVELOPMENT COMPANY AND SHALL NOT EXCEED A MATURE HEIGHT OF 15-FEET. in THE OPINION OF SCE IF SAID TREE BECOMES AN INTERFERENCE THEY WILL
HAVE THE RIGHT TO TRIM AND OR REMOVE AT THE SOLE COST OF THE TRANSWESTERN DEVELOPMENT COMPANY.
UTILITIES AND TRASH ENCLOSURES ARE ALL SCREENED.
EXERCISE EQUIPMENT TO BE PURCHASED AND INSTALLED BY GENERAL CONTRACTOR 36" O.C.1 GalLantana 'Gold Mound'
Yellow Lantana
48" O.C.1 GalRosmarinus o. 'Huntington Carpet'
L
L
Prostrate Rosemary
Yellow Day Lily
Hemerocallis hybridus-Yellow 24" O.C. 1 Gal M
6' O.C.1 GalGrevillea 'Coastal Gem' ^
Coastal Gem Grevillea
L
18" O.C.1 GalSantolina virens 'Lemon Fizz' ^ L
Prostrate Rosemary
5"-8" Arizona River Rock Cobble
09/21/2021
Job Number
Sheet No
Drawn by
18-063
TH
Scale
Date
Signature
1 T
ST
A
NI
Date C
O
F
E
AT
IFO
AL
R
ETSI GER
CRA
EPA
DER
A
K.
H
A OMS H
SEY
. 63 8oN
NAL
CSD
TCETIH
Project
Submittals
Date Remarks
Revisions
Date Description
Sheet Title
Transwestern
Placentia,California 92870
Ph: 714.986-2400
711 S. Fee Ana Street
Fax: 714.986-2408
Development
Company
20250 Acacia St. Ste 260
Newport Beach, CA 92660
949.351.5186
11.18.19 Site Rev.
04.03.20 Site Rev.
06.01.20 Comments
EASTVALE, CA 92880
BLDG 1: 14935 LIMONITE AVE.
THE RANCH
BY
TRANSWESTERN
BLDG 2: 14940 LIMONITE AVE.
09.02.20 1st Submittal
09.14.20 Construction Set
Email: [email protected]
Scott Heaviside
949.351.8147
09.25.20 2nd Submittal
09.21.21 Streetscape Add1
LP-2
Planting Plan
1" = 20'
1 267
BUILDING 2
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SHRUBS ALONG CHANNEL TO BE 15 GAL
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MATCHLINE SEE SHEET LP-1
MATCHLINE SEE SHEET LP-3
CUCAM
ONGA
CHANNEL
LIMONITE AVENUE
WATER
WATER METERS/BACKFLOW
Standard
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SEE ARCHITECTURAL PLANS FOR PAVERS
SEE ARCHITECTURAL PLANS FOR PAVERS
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SEE ARCHITECTURAL PLANS FOR PAVERS
SEE ARCHITECTURAL PLANS FOR PAVERS
METERS/
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PAVERS
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AA
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CITY TO INSTALL LANDSCAPING
AND IRRIGATION IN THIS AREA
WITH BRIDGE CONSTRUCTION
TREE PLACEMENT IN ROW
NEAR DRIVEWAYS IS PENDING
THE APPROVAL AND
ADJUSTMENT AT THE
DESCRETION OF THE CITY'S
INSPECTOR
24" Box
African Sumac
Rhus lancea 24 L
Cercis 'Hearts of Gold'
Hearts of Gold Redbud
Street Tree
Pistacia chinensis
Chinese Pistache
Quercus agrifolia
Coast Live Oak
Standard
24" Box 8 L Standard
Multi
24" Box L23
24" Box 8 L
Standard
Street Tree
QTYSIZE REMARKSSYMBOL
SHRUBS
BOTANICAL/COMMON NAME WUCOLS
Callistemon 'Little John'
Dwarf Bottle Brush
5 Gal M 722Clj
Silverberry
Elaeagnus pungensE 5 Gal L 378
Fortnight Lily
Dietes bicolor 5 Gal M 76
24" Box
Afghan Pine
Pinus eldarica 116 L Standard
London Plane
24" Box Standard8M
Street Tree
Slow growth
to 10' tall
Century Plant
Agave americana 5 Gal L 12AA
TREES
BOTANICAL/COMMON NAMESYMBOL
PLANTING LEGEND
WUCOLSSIZE QTY REMARKS
Olive
Olea europaea Multi9L48" Box
Cupressus sempervirens
Italian Cypress
24" Box Standard13 M
Acacia baileyana 'Purpurea'
Purple Leaf Acacia
L1536" Box Multi
Flame Bottle Tree
Brachychiton acerifolius 24" Box Standard6M
Ginkgo biloba 'Princeton Sentry'
Princeton Sentry Ginkgo
36" Box Standard20 M
Silk Oak Tree
Grevillea Robusta 24" Box 3 M Multi
24'' Box
Chinese Flame Tree
Koelreuteria bipinnata 1M Multi
8' O.C.1 GalBougainvillea rosenka
Bougainvillea
GROUNDCOVER
6' O.C.1 GalBaccharis p. 'Pigeon Point'
Dwarf Coyote Bush
L
Coast Rosemary
Westringia fruticosa
L
SPACINGSIZE REMARKSSYMBOL BOTANICAL/COMMON NAME WUCOLS
Texas Privet
Ligustrum j. Texanum
Rhaphiolepis i. 'Clara'
Indian Hawthorn
RC
5 Gal M 443
5 Gal M 829
5 Gal L 405W
California Gray Rush
Juncus patens 5 Gal L 126
Spiney-headed Mat Rush
Lomandra l. 'Breeze' 5 Gal M 93Lb
Jp
Toyon
Heteromeles arbutifolia 5 Gal L 88H
15 Gal 39
15 Gal 276
@ channel
@ channel
L
18'' O.C.1 GalAchillea 'Paprika' ^
Paprika Yarrow
L
48" O.C.1 GalCentaurea gymnocarpa
Velvet Centaurea
18" O.C.1 GalDianella revoluta 'Little Rev'
Little Rev Flax Lily
M
L
Pink Muhly
Muhlenbergia capillaris 5 Gal L 8Mc
SCE NOTES
THE MAINTENANCE OF ALL LANDSCAPE, DRAINAGE STRUCTURES, AND SLOPES WITHIN
THE SUBJECT SCE RIGHT OF WAY AND RECONSTRUCTED ACCESS ROAD SLOPES SHALL BE MAINTAINED BY THE TRANSWESTERN DEVELOPMENT COMPANY.
ANY IRRIGATION OR LANDSCAPE DAMAGED BY, OR REQUIRED RELOCATION FOR SCE IN
THE FUTURE, SHALL BE REPAIRED OR RELOCATED BY TRANSWESTERN COMPANY AT NO COST TO SCE.
NO VALVES OR CONTROLLERS OF ANY TYPE AREA ALLOWED IN THE SUBJECT SCE LAND MANAGEMENT DEPARTMENT IN WRITING, PRIOR TO BEING INSTALLED.
ANY TREES OR PLANTS WITHIN THE RIGHT OF WAY AREA SHALL BE MAINTAINED BY
TRANSWESTERN DEVELOPMENT COMPANY AND SHALL NOT EXCEED A MATURE HEIGHT OF 15-FEET. in THE OPINION OF SCE IF SAID TREE BECOMES AN INTERFERENCE THEY WILL
HAVE THE RIGHT TO TRIM AND OR REMOVE AT THE SOLE COST OF THE TRANSWESTERN DEVELOPMENT COMPANY.
UTILITIES AND TRASH ENCLOSURES ARE ALL SCREENED.
EXERCISE EQUIPMENT TO BE PURCHASED AND INSTALLED BY GENERAL CONTRACTOR 36" O.C.1 GalLantana 'Gold Mound'
Yellow Lantana
48" O.C.1 GalRosmarinus o. 'Huntington Carpet'
L
L
Prostrate Rosemary
Yellow Day Lily
Hemerocallis hybridus-Yellow 24" O.C. 1 Gal M
6' O.C.1 GalGrevillea 'Coastal Gem' ^
Coastal Gem Grevillea
L
18" O.C.1 GalSantolina virens 'Lemon Fizz' ^ L
Prostrate Rosemary
5"-8" Arizona River Rock Cobble
09/21/2021
Job Number
Sheet No
Drawn by
18-063
TH
Scale
Date
Signature
1 T
ST
A
NIDa te C
O
F
E
AT
IFO
AL
R
ETSI GER
CRA
EPA
DER
A
K.H
A OMS H
SEY
. 63 8oN
NAL
CSD
TCETIH
Project
Submittals
Date Remarks
Revisions
Date Description
Sheet Title
Transwestern
Placentia,California 92870
Ph: 714.986-2400
711 S. Fee Ana Street
Fax: 714.986-2408
Development
Company
20250 Acacia St. Ste 260
Newport Beach, CA 92660
949.351.5186
11.18.19 Site Rev.
04.03.20 Site Rev.
06.01.20 Comments
EASTVALE, CA 92880
BLDG 1: 14935 LIMONITE AVE.
THE RANCH
BY
TRANSWESTERN
BLDG 2: 14940 LIMONITE AVE.
09.02.20 1st Submittal
09.14.20 Construction Set
Email: [email protected]
Scott Heaviside
949.351.8147
09.25.20 2nd Submittal
09.21.21 Streetscape Add1
LP-2
Planting Plan
1" = 20'
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Move these 3 purple leaf
acacia down to fill in
space between arrow so
tree canopy hang over
sidwalk and touch the
flame bottle tree.
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Fill in extra trees to ensure
spacing is directly side by side
and over sidewalk to satisfaction
of City Designee.
Gingko: 13
Silk Oak: 15
Purple Leaf Acacia: 15
Flame Bottle: 7
Total Additional: 50 TREES
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RED CLOUD = NOT APART
REVISED SHEET LP-2 (PLANTING
PLAN) 12.15.21 268
269
EXHIBIT "B"
BREAKDOWN OF COSTS
270
July 14th, 2021
Transwestern Development
Attn: Scott Heaviside
Re: Transwestern Limonite Streetscape changes
CREDIT PER TRANSWESTERN DIRECTION (5,185.00)$
A) Ground Prep: (2,547) SQ FT
4 yds./1000 sq. ft. Compost (8) YARD
15 lbs./1000 sq. ft. Grow Power Plus at Drip Areas (1) BAG B) Plants:
5 gallon Callistemon 'little john' (90) EACH
24" box Cercis 'hearts of gold' (7) EACH
C) Ground Cover:
Rosmarinus 'huntington carpet' - 1 gal @ 48" o.c. (2,547) SQ. FT. (182) SHRUBS with 1 1/2" layer of Organic mulch (2,547) SQ. FT. (12) YARDS D) Tree Staking:
Double Staking - 15 gal & 24" box trees (7) SETS with 'Deep Root' 24" x 24" Panels (21) PANELS E) Irrigation:
Sprinkler Heads On PVC Sch. 40 Laterals With DSJ -
Rainbird 1806-SAM w/ pcs bubbler heads at trees (14) EACH Drip Irrigation -
Rainbird Dripline @ 24'' o.c. (2,547) SQ FT (1,274) FEET with Staple - 11/6 (159) EACH
RB MDFCOUP w/ MDFCAP 2 EACH
271
July 14th, 2021
Transwestern Limonite Streetscape changes
2 of 2
ADD PER COMMUNITY WORKS MATER PLAN 36,015.00$
A) Plants:
5 gallon Callistemon 'little john' (90) EACH
5 gallon Agave americana 8 EACH
5 gallon Muhlenberghia capillaris 64 EACH
5 gallon Russelia equisetiformis 34 EACH
5 gallon Tecoma 'Orange Jubilee' 10 EACH
24" box Grevellia Robusta 6 EACH
24" box Cercis 'hearts of gold' -10 EACH
36" box Acacia baileyana 15 EACH
36" box Ginko Biloba 28 EACH
48" box Olea europaea -2 EACH
B) Ground Cover:
Hemerocallis hybridus yellow - 1 gal @ 24" o.c. (225) SQ. FT. (56) SHRUBS Lantana 'gold mound' - 1 gal @ 36" o.c. (1,500) SQ. FT. (167) SHRUBS Rosmarinus 'huntington carpet' - 1 gal @ 48" o.c. (2,700) SQ. FT. (193) SHRUBS Ground Prep Only 4,425 SQ. FT.
C) Tree Staking:
Double Staking - 15 gal & 24" box trees (4) SETS
Tree Guying - 36" - 60" box trees 41 SETS
with 'Deep Root' 24" x 24" Panels 111 PANELS
D) Irrigation:
Sprinkler Heads On PVC Sch. 40 Laterals With DSJ -
Rainbird 1806-SAM w/ pcs bubbler heads at trees 74 EACH 272
July 14th, 2021
Transwestern Limonite Streetscape changes
2 of 2
*Bid based on -
-Plans by Hunter Landscape, Inc and community work master plan. -Directions provided by Scott at Transwestern.
-All median scope excluded from this proposal.
-Additional plant material requested after approved plans to be installed on a T and M Basis. -Labor Rates per current Landscape Agreement at Time of Bid. -Post Maintenance period begins at substantial completion or as approved by landscape architect. -Mulch bid as 11/2" Layer of Organic Mulch by Hunter Landscape. -No provisions for "Existing Conditions".
-(1) Move On. No construction phasing.
-Receiving site @ + or - .10' finish grade.
-Spoils generated by our operations are to be 'lost' on site. -All Material being available in acceptable condition and at quoted price upon issuance of contract. -Materials warranty applicable only if Hunter Landscape provides maintenance for length of warranty period. -Sleeves / crossings shown installed under or through hardscape features to be installed prior to said features. - Power to controllers provided by others
*Bid exclusions -
-Import / export of soil.
-Traffic control, lane closures or street barricading.
-All scope in median.
-Additional landscape or irrigaiton requested/required after plans are approved. -Roof Drains.
-Prevailing Wage Rates.
-Rock Removal.
-Labor wage increases mandated after time of bid.
-Jute Netting, Geotextile Fabrics, and Erosion Control Measures. -Landscape Demo.
-Booster Pumps.
-BioSwale Mix/Composted Sand.
-All site drainage.
-Maintenance Bonds.
-SWPP, Sediment Control, Fiber Rolls, Storm Drains.
-Hardscape, Aggregate in mortar, Pavers, Lighting, site furniture, pots, bike racks/lockers. -Repair and/or replacement of any existing landscape or irrigation systems damaged by others. -Water meters, meter connections, permits, permit or municipal fees, -Saw Cutting, boring, coring, jetting, jacking, and cut / patch of existing hardscape. **This bid is valid for 60-days from issue date.
273
December 15th, 2021
Transwestern Development
3501 Jamboree #4400
Newport Beach Ca 92660
Attn: Scott Heaviside
Re: Added trees at Transwestern the Ranch Off Site
A) Ground Prep:
4 yds./1000 sq. ft. Compost 7 YARDS
21 Gram Agriform Tablets 1 BOX
15 lbs./1000 sq. ft. 16-20-0 1 BAG
B) Plants:
24" box Grevelia robusta 7 EACH
24" box Acacia baileyana 10 EACH
24" box Brachychiton populenus 7 EACH
C) Tree Staking:
Double Staking 24" box trees 24 SETS
with 'Deep Root' 24" x 24" Panels 150 PANELS
D) Irrigation:
Added irrigation at new trees 24 TREES
TOTAL BID $16,562.00
274
December 15th, 2021
Added trees at Transwestern the Ranch Off Site
2 of 2
*Bid based on -
-Plan sheet LP-2 by Hunter Landscape, Inc.dated 9/21/21 and directed by Transwestern on 12/2/21. -Additional maintenace costs will be applied should landscape construction need pull off for longer than (2) weeks. -Additional plant material requested after approved plans to be installed on a T and M Basis. -(3) Move Ins (Sleeving,Irrigation,Landscape) No construction phasing. -Labor Rates per current Landscape Agreement at Time of Bid. -Post Maintenance period begins at substantial completion or as approved by landscape architect. -Mulch bid as 11/2" Layer of Organic Mulch by Hunter Landscape. -No provisions for "Existing Conditions".
-Decorative Rock/Hydroseed Only at Detention Basins and Bio Swales. -Receiving site @ + or - .10' finish grade.
-Spoils generated by our operations are to be 'lost' on site. -All Material being available in acceptable condition and at quoted price upon issuance of contract. -Materials warranty applicable only if Hunter Landscape provides maintenance for length of warranty period. -Sleeves / crossings shown installed under or through hardscape features to be installed prior to said features. - Power to controllers provided by others
*Bid exclusions -
-Import / export of soil.
-Additional landscape or irrigaiton requested/required after plans are approved. -Roof Drains.
-Prevailing Wage Rates.
-Rock Removal.
-Concrete Mow Curb under fence line.
-Labor wage increases mandated after time of bid.
-Jute Netting, Geotextile Fabrics, and Erosion Control Measures. -Landscape Demo.
-Booster Pumps.
-BioSwale Mix/Composted Sand.
-All site drainage.
-Maintenance Bonds.
-SWPP, Sediment Control, Fiber Rolls, Storm Drains.
-Hardscape, Aggregate in mortar, Pavers, Lighting, site furniture, pots, bike racks/lockers. -Repair and/or replacement of any existing landscape or irrigation systems damaged by others. -Water meters, meter connections, permits, permit or municipal fees, -Saw Cutting, boring, coring, jetting, jacking, and cut / patch of existing hardscape. -Traffic control, lane closures or street barricading.
**This bid is valid for 60-days from issue date.
275
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Developer shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by Developer, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
Developer shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City.
(3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing services on behalf of the Developer and all risks to such persons under this Agreement.
(4) Professional Liability. Professional liability insurance appropriate to the Developer’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Developer’s services or the termination of this Agreement. During this additional three (3) year period, Developer shall annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Developer shall maintain limits of insurance no less than:
(1) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence.
276
(4) Professional Liability. $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
2. Commercial General Liability and Automobile Liability Coverages.
(1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Developer performs; products and completed operations of Developer; premises owned, occupied or used by Developer; or automobiles owned, leased, hired or borrowed by Developer. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.
(2) Developer’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Developer’s insurance.
(3) Developer’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 liability.
(4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Developer.
C. Other Requirements. Developer agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Developer furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Developer shall furnish certificates and endorsements from each 277
subcontractor identical to those Developer provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Developer shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Developer’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
278
Vicinity Map
Transwestern Project Site
N
279
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.9
April 27, 2022
Amendment to Bond Release and Public Improvement
Maintenance Agreement for Parcel Map No. 36487
Prepared By:
Erica Vega, City Attorney
Recommended Action(s)
Staff recommends that the City Council approve the Amendment to Bond Release and Public Improvement Maintenance Agreement for Parcel Map No. 36487 and authorize the City Manager to execute the amendment.
Summary
The proposed amendment to the Bond Release and Public Improvement Reimbursement Agreement between the City and Tarpon Property Ownership 2, LLC for Parcel Map No. 36487 (Goodman Commerce Center) corrects a typographical error in the Agreement that the property owner has requested be corrected. Sec4on 1 of the Agreement states that the Developer assumes responsibility for the maintenance of iden4fied public improvements, but it should say the City assumes that responsibility.
Background
The City and Tarpon Property Ownership 2 LLC entered into a Bond Release and Public Improvement Maintenance Agreement that was recorded against the property known as the Goodman Commerce Center. The agreement was executed in connec4on with the acceptance of certain public improvements by the City and the City would maintain those improvements going forward. The property owner recently reached out to the City to inform them they had found a typo in Sec4on 1 of the Agreement and requested that the City process an amendment to the Agreement to the Agreement. Specifically, Sec4on 1 erroneously states that the Developer would maintain the accepted public improvements, not the City. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
280
Environmental
Not applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable
Fiscal Impact
None.
Prior City Council/Commission Action
February 26, 2020 - City Council approved the Bond Release and Public Improvement Maintenance Agreement
Attachment(s)
Attachment 1 - Amendment to Agreement
Attachment 2 - Bond Release and Public Improvement Maintenance Agreement
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
281
RECORDED AT THE REQUEST OF AND
WHEN RECORDED RETURN TO:
(Document exempt from recording fees
pursuant to Cal. Gov. Code § 27383)
CITY OF EASTVALE
Attn: City Clerk
12363 Limonite Ave., Suite 910
Eastvale, California 91752 THIS SPACE FOR RECORDER’S USE ONLY
AMENDMENT TO BOND RELEASE AND PUBLIC IMPROVEMENT
MAINTENANCE AGREEMENT
PARCEL MAP No. 36487
By and Between
THE CITY OF EASTVALE,
a municipal corporation
and
Tarpon Property Ownership 2 LLC,
A Delaware Limited Liability Company
282
AMENDMENT TO BOND RELEASE AND PUBLIC IMPROVEMENT
MAINTENANCE AGREEMENT
PARCEL MAP No. 36487
THIS BOND RELEASE AND PUBLIC IMPROVEMENT MAINTENANCE AGREEMENT AMENDMENT (this “Amendment”) is entered into on this ___ day of ____________, 2022 (the “Amendment Date”), by and between the CITY OF EASTVALE, a California municipal corporation (the “City”) and TARPON PROPERTY OWNERSHIP 2 LLC, a Delaware limited liability company (the “Developer”). City and Developer are sometimes referred to in this Amendment individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, Developer has vested City approvals (including Tentative Parcel Map No. 36487) to develop up to 2,983,400 square feet of commercial retail, light industrial, business park and other uses (the “Project”) across the 205.4 acre Goodman Commerce Center Eastvale property, which property is more specifically described in the legal description set forth in Exhibit A attached hereto (the “Property”); WHEREAS, on March 18, 2020, Developer and City entered into a Bond Release and Public Improvement Maintenance Agreement (“Agreement”) in light of Developer’s timely completion of the Public Improvements required by the Subdivision Map Act (Government Code sections 66410 et seq.), the Eastvale Municipal Code, the conditions of approval for Tentative Parcel Map No. 36487, and other ordinances, resolutions, and/or policies of City requiring the construction of improvements in conjunction with the Project;
WHEREAS, the Agreement was recorded in the Recorder’s Office of the County of Riverside as Instrument No. 2020-0217979 on May 21, 2020;
WHEREAS, the Parties have identified an error in Section 1 (Roadway Maintenance) of the recorded Agreement and mutually desire to amend the Agreement to correct said error; WHEREAS, Section 9 (Amendments) of the Agreement allows for the Agreement to be amended by a written instrument executed by the City and the Developer; NOW, THEREFORE, for the purposes set forth herein, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree to amend the Agreement as follows:
DEFINED TERMS
“Developer” shall mean TARPON PROPERTY OWNERSHIP 2 LLC, a Delaware limited liability company. The term shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor-in-interest to Developer having a legal and/or equitable interest in the Property.
283
“Property” shall mean all of the real property contained within the boundaries of Tentative Parcel Map No. 36487 located in the City of Eastvale, California, as more particularly described in the legal description and parcel diagram attached hereto and incorporated hereby by reference at Exhibit A. “Public Improvements” shall include, but not be limited to, all grading, roads, streets, paving, curbs and gutters, sidewalks, paseos, pathways, trails, sanitary sewers, utilities, storm drains, detention and retention basins and other drainage facilities, traffic controls, landscaping, street lights and all other facilities required to be constructed and dedicated to the City or other public entity as conditions of approval of Tentative Parcel Map No. 36487 and as shown in detail on the plans and specifications which have been approved by the City and incorporated into Tentative Parcel Map No. 36487.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the Recitals, Defined Terms, mutual promises and covenants made by the parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, and consistent with Section 9 (Amendment) of the Agreement, the Parties agree to amend Section 1 (Roadway Maintenance) of the Agreement as follows:
Section 1. Roadway Maintenance: Consistent with Community Facilities District No. 2017-1, as recorded in the Recorder’s Office of the County of Riverside as Instrument No. 2017- 0543498 on December 27, 2017, Developer City hereby assumes: (a) ongoing maintenance and operation of Goodman Way, including, as applicable, bike lanes, parking bays, bridges/culverts, medians, street lights, traffic signals, traffic signs, striping and legends, frontage improvements such as curbs, gutters, paths, sidewalks, driveways, bus pads, ADA ramps, street signs, landscaping, and drainage facilities, including ditches; (b) administrative costs relating to such maintenance and operation; and (c) expenses and reserves for replacement of any of the foregoing equipment and facilities. Nothing in this Agreement shall be read to excuse Developer from securing an encroachment permit from City for future work to be performed within the public right-of-way when such an encroachment permit would otherwise be required under the terms of the Eastvale Municipal Code.
The Parties further agree that all other provisions of the Agreement shall remain in full force and effect, and specifically that the Defined Terms and the Parties obligations under that Agreement shall remain unchanged except as set forth in this Amendment.
[SIGNATURES ON NEXT PAGE]
284
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
DEVELOPER:
TARPON PROPERTY OWNERSHIP 2 LLC
By:___________________________
Its: ___________________________
CITY:
CITY OF EASTVALE:
By:___________________________
Its: ___________________________
ATTEST:
By:___________________________
Its: ___________________________
285
EXHIBIT A
DESCRIPTION OF PROPERTY
084199\14781574v1
286
RECORDEDATTHEREQUESTOFAND
WHENRECORDEDRETURNTO:
(Documentexemptfromrecordingfees
pursuanttoCal.Gov.Code§27383)
CITYOFEASTVALE
Attn:CityClerk
12363LimoniteAve.,Suite910
Eastvale,California91752
2020—0217979
05/21/202004:39PflFee:$0.00
PaqeIofIi
RecordedinOfficialRecords
CountyofRiverside
PeterAldana
ssessor—CourtyClerk—Recorder
II
4L’iiI
U
THISSPACEFORRECORDER’SUSEONLY
BONDRELEASEANDPUBLICIMPROVEMENTMAINTENANCEAGREEMENT
PARCELMAPNo.36487
ByandBetween
THECITYOFEASTVALE,
amunicipalcorporation
and
TarponPropertyOwnership2LLC,
ADelawareLimitedLiabilityCompany
778
287
BOND RELEASE AND PUBLIC IMPROVEMENT MAINTENANCE AGREEMENT PARCEL MAP No. 36487
THIS BOND RELEASE AND PUBLIC IMPROVEMENT MAINTENANCE AGREEMENT (this “Agreement”) is entered into on this
Jday of
______________
2020 (the “Agreement Date”), by and
between the CITY OF EASTVALE, a California municipal corporation (the “City”) and TARPON PROPERTY OWNERSHIP 2 LLC, a Delaware limited liability company (the “Developer”). City and Developer are sometimes referred to in this Agreement individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, Developer has vested City approvals (including Tentative Parcel Map No. 36487) to develop up to 2,983,400 square feet of commercial retail, light industrial, business park and other uses (the ‘Project”) across the 205.4 acre Goodman Commerce Center Eastvale property, which property is more specifically described in the legal description set forth in Exhibit A attached hereto (the “Property’’); WHEREAS, pursuant to the Eastvale Municipal Code and the applicable provisions of the Subdivision Map Act (Government Code sections 66410 et seq.) (“Map Act”), Developer and City entered into a Subdivision Improvement Agreement in connection with the Tentative Parcel Map No. 36487 Public Improvements (defined below) on December 17, 2015, which Subdivision Improvement Agreement was subsequently recorded in the Recorder’s Office of’ the County of Riverside as Instrument No. __________
WI—IFREAS. in connection with the Subdivision Improvement Agreement, Developer caused a performance bond to issue in favor of the City in the sum of Ten Million Six Flundred Eighty Five Thousand El ye Hundred Dollars (510.685.500.00) and caused a material and labor bond to issue in favor of the City in the sum of Five Million Three Hundred Forty Two Thousand Seven Hundred Fifty Dollars ($5,342,750.00), both as security I’or the performance of the Public Improvements; WHEREAS. in recognition of the substantial progress made by Developer in furtherance of the Public Improvements, on March 20, 2018, City informed Developer that the performance bond was reduced by eighty percent (80%) from Ten Million Six Hundred Eighty Five Thousand Five Hundred Dollars (5 10,685.500.00) to Two Million One 1-lundred Thirty Seven Thousand One Hundred Dollars ($2,137,100.00) and that the material and labor bond was ieduced by eighty percent (80%) from Five Million Three Hundred Forty Two Thousand Seven Hundred Fifty Dollars ($5,342,750.00) to One Million Sixty Eight Thousand Five Hundred Fifty Dollars ($1 .068.550.00) (collectively. “Bonds”); WI-IEREAS, Developer has timely completed all of the Public improvements required by the Map Act, the Eastvale Municipal Code, the conditions ol’ approval for Tentative Parcel Map No. 36487, and other ordinances, resolutions, or policies of City requiring the construction of’ improvements in conjunction with the Project:
WHEREAS, City is prepared to formally approve and accept the Public Improvements and release the Bonds on the condition that Developer agrees to cause the Post-Acceptance Improvements (defined below) to he constructed;
288
NOW,
THEREFORE,
for
the
purposes
set
forth
herein,
and
for
other
good
and
valuable
consideration,
the
adequacy
of
which
is
hereby
acknowledged,
the
Parties
hereby
agree
as
follows:
DEFINED
TERMS
“Developer”
shall
mean
TARPON
PROPERTY
OWNERSHIP
2 LLC,
a
Delaware
limited
liability
company.
The
term
shall
also
include
all
assignees,
to
the
extent
permitted
under
this
Agreement,
of
the
rights
and
obligations
of
Developer
under
this
Agreement,
and
any
successor-in-interest
to
Developer
having
alegal
and/or
equitable
interest
in
the
Property.
“Property”
shall
mean
all
of
the
real
property
contained
within
the
boundaries
of
Tentative
Parcel
Map
No.
36487
located
in
the
City
of
Eastvale,
California,
as
more
particularly
described
in
the
legal
description
and
parcel
diagram
attached
hereto
and
incorporated
hereby
by
reference
at
Exhibit
A.
“Post-Acceptance
Improvements”
shall
include
the
following:
(a)
final
grinding
and
capping
of
Goodman
Road;
and
(b)
installation
of
right-turn
islands
as
shown
on
attached
Exhibit
B.
“Public
Improvements”
shall
include,
but
not
be
limited
to,
all
grading,
roads,
streets,
paving,
curbs
and
gutters,
sidewalks,
paseos,
pathways,
trails,
sanitary
sewers,
utilities,
storm
drains,
detention
and
retention
basins
and
other
drainage
facilities,
traffic
controls,
landscaping,
street
lights
and
all
other
facilities
required
to
be
constructed
and
dedicated
to
the
City
or
other
public
entity
as
conditions
of
approval
of
Tentative
Parcel
Map
No.
36487
and
as
shown
in
detail
on
the
plans
and
specifications
which
have
been
approved
by
the
City
and
incorporated
into
Tentative
Parcel
Map
No.
36487.
OPERATIVE
PROVISIONS
NOW,
THEREFORE,
in
consideration
of
the
Recitals,
Defined
Terms,
mutual
promises
and
covenants
made
by
the
parties
and
contained
herein
and
other
consideration,
the
value
and
adequacy
of
which
are
hereby
acknowledged,
the
Parties
agree
as
follows:
Section
1. Roadway
Maintenance:
Consistent
with
Community
Facilities
District
No.
2017-
1,
as
recorded
in
the
Recorder’s
Office
of
the
County
of
Riverside
as
Instrument
No.
2017-0543498
on
December
27,
2017,
Developer
hereby
assumes:
(a)
ongoing
maintenance
and
operation
of
Goodman
Way,
including,
as
applicable,
bike
lanes,
parking
bays,
bridges/culverts,
medians,
street
lights,
traffic
signals,
traffic
signs,
striping
and
legends,
frontage
improvements
such
as
curbs,
gutters,
paths,
sidewalks,
driveways,
bus
pads,
ADA
ramps,
street
signs,
landscaping,
and
drainage
facilities,
including
ditches;
(b)
administrative
costs
relating
to
such
maintenance
and
operation;
and
(c)
expenses
and
reserves
for
replacement
of
any
of
the
foregoing
equipment
and
facilities,
Nothing
in
this
Agreement
shall
be
read
to
excuse
Developer
from
securing
an
encroachment
permit
from
City
for
future
work
to
be
performed
within
the
public
right-of-way
when
such
an
encroachment
permit
would
otherwise
be
required
under
the
terms
of
the
Eastvale
Municipal
Code.
Section
2. Post-Acceptance
Improvements:
Prior
to
the
City’s
issuance
of
the
Project’s
final
Certificate
of
Occupancy,
Developer
shall
design,
permit,
and
install
the
Post-Acceptance
Improvements
including
the
right-turn
islands
as
shown
on
attached
Exhibit
B.
Section
3. Release
of
Bonds:
City
agrees
to
the
full
release
of
the
Bonds
within
thirty
(30)
days
of
the
Agreement
Date.
City
shall
cooperate
with
Developer
to
provide
documentary
evidence
of
289
said
release
to
the
issuer
of
the
Bonds
in
accordance
with
Government
Code
Section
66499.7.
The
written
notice
to
the
issuer
of
the
Bonds
shall
contain
a
statement
that
the
Public
Improvements
for
which
the
Bonds
were
furnished
have
been
completed
and
accepted
by
the
City,
adescription
of
the
Project
subject
to
the
Public
Improvements,
and
the
notarized
signature
of
the
authorized
representative
of
the
City.
Section
4. Indemnification:
Developer
agrees
to
protect,
indemnify,
defend
and
hold
the
City,
and
its
respective
officers,
employees
and
agents,
and
each
of
them,
harmless
from
and
against
any
and
all
claims,
losses,
expenses,
suits,
actions,
decrees,
judgments,
awards,
attorney’s
fees,
and
court
costs
which
the
City,
or
its
respective
officers,
employees
and
agents,
or
any
combination
thereof,
may
suffer
or
which
may
be
sought
against
or
recovered
or
obtained
from
the
City,
or
its
respective
officers,
employees
or
agents,
or
any
combination
thereof,
as
aresult
of
or
by
reason
of
or
arising
out
of
or
in
consequence
of
this
Agreement.
if
the
Developer
fails
to
do
so,
the
City
shall
have
the
right,
but
not
the
obligation,
to
defend
the
same
and
charge
all
of
the
direct
or
incidental
costs
of
such
defense,
including
any
attorney’s
fees
or
court
costs,
to
and
recover
the
same
from
the
Developer,
The
Parties
acknowledge
and
agree
that
the
Developer
shall
be
released
from
the
indemnity
obligation
set
forth
herein
upon
the
expiration
of
all
applicable
statute
of
limitations
periods.
No
indemnification
is
required
to
be
paid
by
Developer
for
any
claim,
liability,
loss,
expense,
suit,
action,
decree,
judgment,
award
of
attorneys’
fees
and
court
cost
as
a
result
of,
or
by
reason
of,
or
in
consequence
of,
or
arising
out
of
the
willful
misconduct
or
sole
or
active
negligence
of
the
indemnified
parties.
Section
5. Developer
as
a
Private
Developer:
In
performing
under
this
Agreement,
it
is
mutually
understood
that
the
Developer
is
acting
as
a
private
developer
and
not
as
an
agent
of
the
City.
The
City
shall
have
no
responsibility
for
payment
to
any
contractor,
subcontractor
or
supplier
of
the
Developer.
Section
6. Other
Agreements:
Nothing
contained
in
this
Agreement
shall
be
construed
as
affecting
the
City’s
or
the
Developer’s
respective
duty
to
perform
its
respective
obligations
under
other
agreements,
land
use
regulations
or
subdivision
requirements
relating
to
the
development
of
the
Property,
which
obligations
are
and
shall
remain
independent
of
the
Developer’s
rights
and
obligations,
and
the
City’s
rights
and
obligations,
under
this
Agreement.
Section
7. Entire
Agreement:
This
Agreement
contains
the
entire
agreement
between
the
Parties
with
respect
to
the
matters
herein
provided
for.
Section
8. Binding
on
Successors
and
Assigns:
Neither
this
Agreement
nor
the
duties
and
obligations
of
the
Developer
hereunder
may
be
assigned
to
any
person
or
legal
entity
other
than
an
affiliate
of
the
Developer
without
the
written
consent
of
the
City,
which
consent
shall
not
be
unreasonably
withheld,
conditioned
or
delayed.
Neither
this
Agreement
nor
the
duties
and
obligations
of
the
City
hereunder
may
be
assigned
to
any
person
or
legal
entity,
without
the
written
consent
of
the
Developer,
which
consent
shall
not
be
unreasonably
withheld,
conditioned
or
delayed.
The
agreements
and
covenants
included
herein
shall
be
binding
on
and
inure
to
the
benefit
of
any
partners,
permitted
assigns,
and
successors-in-interest
of
the
Parties
hereto.
Section
9. Amendments:
This
Agreement
can
only
be
amended
by
an
instrument
in
writing
executed
and
delivered
by
the
City
and
the
Developer.
290
Section10.Waivers:Nowaiverof,orconsentwithrespectto,anyprovisionofthisAgreement byaPartyheretoshallinanyeventbeeffectiveunlessthesameshallbeinwritingandsignedbysuch Party,andthensuchwaiverorconsentshallbeeffectiveonlyinthespecificinstanceandforthespecific purposeforwhichitwasgiven.
Section11.NoThirdPartyBeneficiaries:Nopersonorentity,otherthantheCity,shallbe deemedtobeathirdpartybeneficiaryhereof,andnothinginthisAgreement(eitherexpressorimplied)is intendedtoconferuponanypersonorentity,otherthantheCityandtheDeveloper(andtheirrespective successorsandassigns),anyrights,remedies,obligationsorliabilitiesunderorbyreasonofthis Agreement.
Section12.Notices:Anywrittennotice,statement,demand,consent,approval,authorization, offer,designation,requestorothercommunicationtobegivenhereundershallbegiventotheParty entitledtheretoatitsaddresssetforthbelow,oratsuchotheraddressassuchPartymayprovidetothe otherPartyinwritingfromtimetotime,namely:
CITY:CityManager
CityofEastvale
12363LimoniteAvenue,Ste.910
Eastvale,CA91752
Phone:(951)361-0900
DEVELOPER:TarponPropertyOwnership2LLC
18201VonKarman,Ste.1170
Irvine,CA92612
Attn:WardMace
Phone:(949)407-0142
WITHACOPYTO:Cox,Castle&NicholsonLLP
3121MichelsonDrive,Ste.200
Irvine,CA92612
Attn:SeanMatsler
Phone:(949)260-4652
Eachsuchnotice,statement,demand,consent,approval,authorization,offer,designation,request orothercommunicationhereundershallbedeemeddeliveredtothePartytowhomitisaddressed(a)if personallyservedordelivered,upondelivery,(b)ifgivenbyelectroniccommunication,whetherbytelex, telegramortelecopy,uponthesender’sreceiptofanappropriateanswerbackorotherwritten acknowledgment,(c)ifgivenbyregisteredorcertifiedmail,returnreceiptrequested,depositedwiththe UnitedStatesmailpostageprepaid,72hoursaftersuchnoticeisdepositedwiththeUnitedStatesmail,(d) ifgivenbyovernightcourier,withcourierchargesprepaid,24hoursafterdeliverytosaidovernight courier,or(e)ifgivenbyanyothermeans,upondeliveryattheaddressspecifiedinthisSection.
Section13.JurisdictionandVenue:EachoftheParties(a)agreesthatanysuitactionor otherlegalproceedingarisingoutoforrelatingtothisAgreementshallbebroughtintheCourtsofthe UnitedStatesofAmericainthedistrictinwhichsaidCityislocated,(b)consentstothejurisdictionof 291
each
such
court
in
any
suit,
action
or
proceeding,
and
(c)
waives
any
objection
that
it
may
have
to
the
laying
of
venue
or
any
suit,
action
or
proceeding
in
any
of
such
courts
and
any
claim
that
any
such
suit,
action
or
proceeding
has
been
brought
in
an
inconvenient
forum.
Each
of
the
Parties
agrees
that
a
final
and
non-appealable
judgment
in
any
such
action
or
proceeding
shall
be
conclusive
and
may
be
enforced
in
other
jurisdictions
by
suit
on
the
judgment
or
in
any
other
manner
provided
by
law.
Section
14. Attorneys
Fees:
If
any
action
is
instituted
to
interpret
or
enforce
any
of
the
provisions
of
this
Agreement,
the
Party
prevailing
in
such
action
shall
be
entitled
to
recover
from
the
other
Party
thereto
reasonable
attorneys
fees
and
costs
of
such
suit
(including
both
prejudgment
and
post
judgment
fees
and
costs)
as
determined
by
the
court
as
part
of
the
judgment.
Section
15. Law:
This
Agreement
and
any
dispute
arising
hereunder
shall
be
governed
by
and
interpreted
in
accordance
with
the
laws
of
the
State
of
California.
Section
16. Usage
of
Words:
As
used
herein,
the
singular
of
any
word
includes
the
plural,
and
terms
in
the
masculine
gender
shall
include
the
feminine
Section
17. Interpretation:
The
Parties
to
this
Agreement
and
their
counsel
have
reviewed
and
revised
this
Agreement,
and
the
normal
rule
of
construction
to
the
effect
that
any
ambiguities
in
an
agreement
are
to
be
resolved
against
the
drafting
Parties
shall
not
be
employed
in
the
interpretation
of
this
Agreement.
Section
18. Counterparts:
This
Agreement
may
be
executed
in
counterparts,
each
of
which
shall
be
deemed
an
original.
[SIGNATURES
ON
NEXT
PAGE]
292
INWITNESS\VIIIiREOF,thePartiesheretohaveexecutedthisAgreementasofthedayandyear firstabovewritten.
1)EVELOPER:
TARP/PRYOWNERSHIP2LLC
Its:
VL
CITY:
ALI: CITYOF’
13v:
Its:
293
EXHIBIT A
DESCRIPTION OF PROPERTY
294
EXHIBITB
POST-ACCEPTANCEIMPROVEMENTS
O8O56O11003906v2
295
.1
296
ACKNOWLEDGMENT
notary
public
or
other
officer
completing
this
certificate
jverifies
only
the
identity
of
the
individual
who
signed
the
iocument
to
which
this
certificate
is
attached,
and
not
the
ruthfulness,accuçy,or
validity
of
that
document.
State
of
California
County
of
Orange
On
March
18,
2020
before
me,
Stacey
M.
Cristaudo,
Notary
Public,
personally
appeared
Alan
Paul
Cockburn,
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
personl(s),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
Icertify
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,
\ot.ry‘LJr)’C
Caft,—
-••
O’gQCou”.
Signature
_______________
(Seal)
297
- -
4,:
-dlv7:
“.•,.
hr
“f
In
298
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.10
April 27, 2022
Conduc&ng Council and Commission Mee&ng U&lizing
Teleconferencing
Prepared By:
Erica Vega, City Attorney
Recommended Action(s)
Staff recommends that the City Council adopt a resoluon authorizing City Council and Commission meengs to be conducted ulizing teleconferencing, while also allowing in person a endance, under AB 361.
Summary
At its meeng on January 12, 2022, the City Council directed that the opon to a end Council and Commission meengs via teleconference be offered under AB 361 in addion to the opon to attend meetings in person.
Under AB 361 (Government Code secon 54953(e)), the City Council is required to adopt a resoluon making findings within 30 days of meeng via teleconference for the first me and every 30 days therea3er that circumstances warrant ulizing teleconferencing to conduct Council and Commission meetings.
COVID-19 case rates have improved significantly since the Council implemented teleconferencing under AB 361 in January 2022. As such, the City Council may want to consider terminang offering a teleconferencing option under AB 361 in the near future.
Background
AB 361 allows members of a legislave body to a end a meeng via teleconference without having to post an agenda at their physical locaon and make that physical locaon accessible to members 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
299
of the public during a State of Emergency declared by the Governor under the following circumstances:
1. State or local officials have imposed or recommended measures to promote social distancing;
2. The legislave body has determined that meeng in person would present an imminent risk to the health or safety of attendees; or
3. The legislave body is meeng to determine whether meeng in person would present an imminent risk to the health or safety of attendees.
If teleconferencing for Council and Commissions is authorized, AB 361 requires it to also be offered to members of the public. AB 361 gives the City Council the discreon to determine whether to offer an option to attend meetings in person or to make meetings 100% remote participation.
Environmental
Not applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.
Fiscal Impact
There is no fiscal impact to connue to restore the use of GoToWebinar at Council and Commission meengs. The City sll maintains an acve account with GoToWebinar and the fees are $249 per month; budget is located in IT services under account 100-240-6490. Staff has connued to use the software for other meetings.
Prior City Council/Commission Action
April 8, 2020 - City commenced utilizing GoToWebinar for teleconferencing into Council and Commission meetings.
June 23, 2021 - Council provided direction to discontinue use of GoToWebinar for teleconferencing into Council and Commission meetings.
January 12, 2022 - Council directed that the City resume ulizing GoToWebinar for teleconferencing into Council and Commission meetings.
Attachment(s)
Attachment 1 - AB 361 Resolution
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
300
RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE AUTHORIZING
THE CITY COUNCIL AND CITY COMMISSIONS TO UTILIZE TELECONFERENCING FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO AB 361
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, on March 12, 2020, the Governor of California executed Executive Order N- 25-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and
WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N- 29-20 which superseded and replaced the provisions of Executive Order N-25-20 related to the Brown Act and teleconferencing; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08- 21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 amending Government Code § 54953 and permitting members of a legislative body to teleconference into a meeting without having to comply with the requirements of subdivision (b)(3) Government Code § 54953 during a proclaimed state of emergency if a) State or local officials are imposing or recommending measures to promote social distancing, or b) the body finds that “as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees;” and
WHEREAS, AB 361 imposes requirements to ensure members of the public are able to attend and participate in public meetings of a legislative body conducted via teleconference, including:
Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option;
The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; 301
Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, pursuant to Government Code § 54953(e)(3), a legislative body that holds a meeting via teleconference pursuant to AB 361 must reconsider the circumstances of the state of emergency and make findings every 30 days to continue to meet via teleconference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the of the City Council.
SECTION 2. The City of Eastvale continues to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (CDPH), and/or County of Riverside, as applicable. Based upon that guidance, in person attendance indoors at public meetings can present an imminent risk to the health and safety of attendees. The City Council wants to ensure that all persons desiring to attend public meetings may do so in a manner that protects the health and safety of the attendees, their families and other close contacts. While COVID-19 cases have dropped significantly in recent weeks, there are still members of the community to whom COVID-19 presents significant health risks, including the immunocompromised, the elderly, and those with underlying medical concerns. Teleconferencing will provide increased meaningful participation options for both members of the legislative body and members of the public in a manner that protects the health and safety of the attendees, their families and other close contacts.
SECTION 3. The City Council hereby declares that, pursuant to the findings in Sections 1 and 2, the City Council and City Commissions are authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby. The City Council further directs that members of the legislative body and members of the public be allowed to attend said meetings in person if they so choose.
SECTION 4. Staff is directed to agendize no less than every 30 days Council consideration of the need to continue with teleconferenced meetings as allowed by AB 361.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, 302
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.
SECTION 6. This Resolution shall become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 27th day of April, 2022. ______________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ _______________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
303
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 22___, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 27th day of April, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
304
AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 13.1
April 27, 2022
Strategic Plan Update
Prepared By:
Stephanie Vasquez, Management Analyst
Recommended Action(s)
Staff recommends that the City Council receive and file the strategic plan update.
Summary
Staff will present an update on the progress of completed tasks from the City Council Strategic Plan and Priority Goals from the January 29, 2021 workshop and was adopted at the March 24, 2021.
Updates are provided at City Council quarterly.
Background
On Friday, January 29, 2021 the City Council met to discuss a strategic plan and set Council Priority goals for the City of Eastvale. During the workshop, the City Council engaged in a par.cipatory process along with City Management staff and the community, in which much was accomplished. At its March 24, 2021 mee.ng, the City Council approved the Strategic Plan. Subsequently, staff will provide an update of the Strategic Plan each quarter.
During the workshop, a group vo.ng process was u.lized for the Mayor and Council Members to identify the key priorities, and to provide for stratification of the goals into three levels which are:
Level 1
– includes the selec.on of two (2)
first level priority
goals each for the Mayor and City
Council. A total of four (4) level 1 goals were identified.
Level 2
– includes the selec.on of two (2)
second level priority
goals each for the Mayor and City
Council. A total of two (2) level 2 goals were identified. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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305
Level 3
–includes the selec.on of two (2) third level priority goals each for the Mayor and City Council. A total of six (6) level 3 goals were identified.
The priorities and goals list is attached.
Environmental
There are no environmental impacts related to the update of the Strategic Plan.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.
Fiscal Impact
The 2021-2022 budget process requires departments submit budget requests in alignment with the strategic plan and action plans. All contracts or professional services agreements will be approved in conformance with the City's purchasing ordinance.
Prior City Council/Commission Action
City Council Public Workshop - Friday, August 29, 2021
City Council Meeting Strategic Plan Approved - March 24, 2021 Attachment(s)
Attachment 1 - Strategic Plan Summary 2021.pdf
Attachment 2 - Strategic Planning Final Report.pdf
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Strategic Plan – Action Plan
Target #1 – Organizational Development
Target #2 – Economic Development
Target #3 – Financial Planning
Target #4 – Public Safety
Target #5 – Infrastructure
Target #6 – Inclusion
Target #7 – Innovation & Technology
Actions/Schedule for Priority “Level 1” Goals
• Attract and retain Business (Target #2, Goal #1)
• Create “Destination Eastvale” (Target #2, Goal #3)
• Develop and Construct Civic Center (Target #5, Goal #1) • Construct a Police Substation building (Target #4, Goal #1) • Evaluate Parks & Recreation as a City Service (Target #5, Goal #3)
Actions/Schedule for Priority “Level 2” Goals
• Develop branding and identity for Eastvale (Target #2, Goal #4) • Improve traffic mobility and manage ment throughout the city’s major corridors and around the schools (Target #5, Goal #7)
Actions/Schedule for Priority “Level 3” Goals
• Develop long-term financial model (Target #3, Goal #3) • Ensure that City revenues align with expenditures (Target #3, Goal #6) • Conduct financial planning for newly proposed infrastructure (Target #3, Goal #10)
• Collaborate to provide cultural and diverse events and celebration (include food) (Target #6, Goal #1)
• Develop City-wide WIFI (Target #7, Goal # 2)
• Develop and Implement a Smart City (Target #7, Goal #6)
“Be intentional about how we spend our money – do it once, and do it right” 307
FINAL REPORT
CITY OF EASTVALE
STRATEGIC PLANNING/GOAL SETTING
WORKSHOP
JANUARY 29, 2021
308
City of Eastvale
Strategic Planning/Goal Se�ng Workshop
1/29/2021 HR Dynamics & Performance Management, Inc. 1
STRATEGIC PLANNING/GOAL SETTING WORKSHOP
January 29, 2021
City Council Members in Atendance:
Mayor Jocelyn Yow
Mayor Pro Tem Clint Lorimore
Councilmember Todd Rigby
Councilmember Chris�an Dinco
Councilmember Ike Bootsma
Staff in Atendance:
Bryan Jones, City Manager
Gina Gibson-Williams, Community Development Director
Marc Donohue, City Clerk/Communica�ons Director
Amanda Wells, Finance Director/City Treasurer
Angelica Zepeda, Talent & Special Projects Manager
Jimmy Chung, City Engineer
Gustavo Gonzalez, Planning Manager
Jerry Arellano, Building Official
Luis Hernandez, Accoun�ng Manager
Johnny Terfehr, Community Enhancement & Safety Manager
Miguel Ramirez-Cornejo, Senior Management Analyst
Erica Vega, Contract City Atorney
Facilitated by:
Henry T. Garcia, Principal Consultant
Rhonda D. Strout-Garcia, Principal Consultant
HR Dynamics & Performance Management, Inc.
309
City of Eastvale
Strategic Planning/Goal Se�ng Workshop
1/29/2021 HR Dynamics & Performance Management, Inc. 2
EXECUTIVE SUMMARY
The City of Eastvale operates under a City Council/City Manager form of government. The City Council consists of five (5) Council Members. The members of the City Council set policy and enact laws of the City. The City Manager is appointed by the members of the Eastvale City Council. One of the primary responsibili�es of the City Manager is to implement the plan set forth by the City Council, u�lizing the City Departments and Execu�ve Team. The purpose of the workshop was t o assist the City of Eastvale’s Mayor, City Co uncil and City Manager in developing a plan that includes clearly defined targets and goals in order to provide staff with clear direc�on.
The workshop took place on Friday, January 29, 2021 from 8:30 a.m. un�l approximately 3:30 p.m. During the workshop, the City Council engaged in a par�cipatory process along with staff and the public, in which they accomplished the following:
1. Established expecta�ons for the Workshop and intended outcomes
2. Iden�fied the organiza�on’s Strengths, Weaknesses, O pportuni�es and Threats (SWOT)
3. Established seven (7) major targets
4. Established a total of fi�y-three (53) goals
5. Priori�zed goals across the targets and established fourteen (14) top-priority items (Level 1, Level 2, and Level 3)
6. Referred development of the detailed ac�on plans and schedule to the City Manager and Execu�ve Team for the fourteen (14) top-priority goals
During the workshop, a group vo�ng process was u�lized in order for the Mayor and Council to iden�fy the key priori�es, and to provide for stra�fica�on of the goals into three levels:
Level 1 – includes the selec�on of two (2) first level priority goals each for the Mayor and City Council. A total of five (5) level 1 goals were iden�fied.
Level 2 - includes the selec�on of two (2) second level priority goals each for the Mayor and City Council. A total of three (3) level 2 goals were iden�fied.
Level 3 - includes the selec�on of two (2) third level priority goals each for the Mayor and City Council. A total of six (6) level 2 goals were iden�fied.
In addi�on to the fourteen (14) goals, the plan includes all remaining goals that did not rank into priority Levels 1, 2, or 3 . As progress is made with Level 1 , 2, and 3 goals, addi�onal goals may be introduced into the plan and discussed further with the Mayor and City Council.
At the conclusion of the workshop, the Mayor and City Council had effec�vely established clear direc�on and focus for the Execu�ve Team related to Targets and Goals. The City Council clearly 310
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communicated its desire and inte nt to blend this exercise with the results of the community survey in the future alloca�on of resources related to programs and services. It was further intended that this plan remain a fluid and evolving document to be re-visited at regular intervals for progress and re-shi�ing of priori�es, as needed.
Atached to this summary are the work sheets that include the detailed ac�on plans prepared by staff, to be presented back to the City Council by the City Manager as a further step in the process to ensure that plans and �melines meet with the intended expecta�ons . It should be noted that some of the goals iden�fied may translate into resource needs that may be incorporated into future budgets.
It is recommended that a regular formal review o f the newly established Goals/ Strategic Plan occur annually, in which progress may be measured, and new or shi�ing priori�es addressed.
We would like to thank the Mayor, City Council and City Manager Bryan Jones for the opportunity to assist the City of Eastvale in this important endeavor and for the outstanding team work that provided for a posi�ve and produc�ve day. We look forward to the opportunity to partner with the City of Eastvale in the future.
Respec�ully,
Henry & Rhonda
Rhonda D. Strout-Garcia, Principal Consultant
Henry T. Garcia, Principal Consultant
HR Dynamics & Performance Management, Inc.
Website: HRDPM.COM
Mobile: (951) 999-1617 or (951) 905-0025
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EXPECTATIONS
The Mayor and City Council expressed the following expecta�ons related to the goal se�ng workshop, and their desired outcomes for the day:
To think about the future and to plan a vision to work towards
To look for ways to con�nue the success we are already on; and con�nued improvement
To keep going with economic development
To collaborate on goal se�ng with focus on being efficient and sharing of ideas
To iden�fy priori�es to con�nue to “elevate” Eastvale
To reaffirm the path we are on
To collaborate and develop specific goals
To have conversa�on and con�nue the trajectory of the prior plan
To par�cipate in the democracy and to hear elected officials
To con�nue on the current path
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SWOT ANALYSIS – STRENGTHS, WEAKNESSES, OPPORTUNITIES, THREATS
STRENGTHS
• Dedicated staff
• Very agile staff and able to adapt to new challenges quickly • Responsiveness of staff to developers
• Nimble and able to communicate and respond to residents • Crea�ng a “buzz” about Eastvale
• Stepping out in front to tell our story
• A City Council that works for the residents
• Staff responsiveness to community
• Family des�na�on
• Small town feel
• Friendly community
• Posi�vity – contagious!
• Staff passionate about their work – dedica�on!
• City Council responsiveness and care
• Excellent staff
• Fiscally responsible – 27M in reserves
• Innova�ve, desirable community
• Becoming known as a resource to other agencies
• Ability for staff to work across work groups
• City Manager doesn’t micro-manage staff
• Very rich and diverse community and cultures
• Ac�ve and engaged staff, City Council and community
• Ability to react and solve problems
• Engagement and park ac�vi�es
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SWOT ANALYSIS – STRENGTHS, WEAKNESSES, OPPORTUNITIES, THREATS
WEAKNESSES
• Iden�ty needed – Vision
• Lack of a Civic Center
• Lak of a public safety substa�on
• Lack of gathering places e.g. Library
• Talent leaving Eastvale Community
• Connec�ng with adjacent communi�es (infrastructure)
• Lack of dining op�ons, nightlife, entertainment, bakery • Lack of control over parks and recrea�on
• Lack of a specific zip code for Eastvale
• Lack of control over various special district services and jurisdic�onal boundaries • Community engagement require constant improvement
• More inclusive
• Lack of a local medical center/hospital
• Lack of a community theatre/playhouse for the arts
• Need for a third fire sta�on
• Need for rightsizing of staff to City services
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SWOT ANALYSIS – STRENGTHS, WEAKNESSES, OPPORTUNITIES, THREATS
OPPORTUNITIES
• To have control over parks and recrea�on
• To develop the Leal property with unique businesses
• To develop the downtown and generate more sales tax opportuni�es • To obtain a unique zip code for Eastvale with posi�ve impact to homeowner property insurance costs
• To bring iden�ty to the City through the Leal property • To con�nue with economic development growth and improvement using laser focus • To develop an IT hub to atract businesses
• To “vision” where we want to go
• To revitalize exis�ng shopping centers
• To capitalize on what other ci�es have done
• To look at our City and invest into our community
• To add Police K-9
• To Capitalize on the City’s loca�on
• To add more diverse housing op�ons
• To increase partnerships with the County or State e.g. Library and work towards cost sharing
• To maintain a high standard of quality in development • To invest in technology for public safety
• To improve the City’s trail system and create increased walkability • To work towards beau�fica�on of the Interstate 15 corridor • To create small business opportuni�es
• To maintain street trees
• To develop stronger marke�ng opportuni�es to sell Eastvale • To implement public art to celebrate diversity and the community’s athletes and veterans
• To look at and analyze what other ci�es have done
• To create an environmentally aesthe�c community through landscaping
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SWOT ANALYSIS – STRENGTHS, WEAKNESSES, OPPORTUNITIES, THREATS
THREATS
• To keep revenues in Eastvale
• Running out of land
• Compe�ng with other ci�es for staff talent
• No past to base the future on
• Natural disasters and the need to build resilience
• Aging of the infrastructure and maintenance of roads and streets • Lack of a police substa�on
• High (unaffordable) rent
• Lack of a founda�on for community investment (philanthropic) • Outside influences outside the City’s control e.g. laws, regula�ons, and State • Public Safety contract costs
• Crime rate
• Early releases from the jus�ce system
• Impacts associated with assembly bills
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TARGETS
The “Targets” were developed at the Strategic Planning/ Goal Se�ng Workshop. The City Council determined that the targets iden�fied would serve as the key pillars in which to categorize specific goals and ac�on plans.
#1 – Organiza�onal Development
Sub-topics: Organization Culture
#2 – Economic Development
Sub-topics: Investment/Reinvestment; Branding/Identity; Downtown/Heartbeat Destination
#3 – Financial Planning
#4 – Public Safety
Sub-topics: Design for Public Safety
#5 – Infrastructure
Sub-topics: City Hall, Library, Police Substation; Parks & Recreation; Landscape Maintenance; Third Fire Station
#6 – Inclusion
Sub-topics: Communication & Engagement; Gathering Places; Arts & Culture
#7 – Innova�on & Technology
Sub-topics: 21st Century Smart City; City-wide WIFI
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GOALS
Key:
Top Priority Goals – Level 1
Second Priority Goals – Level 2
Third Priority Goals – Level 3
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TARGET #1 GOALS – ORGANIZATIONAL DEVELOPMENT
Priority
Level
Mayor/
Council
Priority
Goal # Goal
1 Right-size the organiza�on and staffing consistent
with City services, needs, expecta�ons, and strategic
plan priori�es
2 Implement strategies to remain compe��ve in
atrac�ng and retaining talent
3 Developing talent
4 Ensure that customer service levels are Exceeding
Eastvale’s Expecta�ons Everyday
5 Iden�fy and recommend tools necessary for op�mal
employee performance
6 Transi�on Contract Services in house for compliance
with CalPERS
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TARGET # 2 GOALS – ECONOMIC DEVELOPMENT
Priority
Level
Mayor/
Council
Priority
Goal # Goal
1 CL, IB, CD,
TR
1 “Atract and retain Businesses that aligns with
diverse community needs and provide choices”
2 Streamline the development process
1 CD, JY , TR,
JY
3 Create “Des�na�on Eastvale” with high quality and
unique businesses
2 IB 4 Develop branding and iden�ty for Eastvale
5 Develop strategies for business reten�on, business
support, and business reward
6 Re-invest in and revitalize exis�ng shopping centers
7 Implement strategies to retain local talent e.g.
increase local jobs and match talent to businesses
8 Diversify the housing stock with more op�ons
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TARGET # 3 GOALS – FINANCIAL PLANNING
Priority
Level
Mayor/
Council
Priority
Goal # Goal
1 Develop ongoing strategies for inves�ng
2 Leverage grant funding
3 JY 3 Develop long-term financial model
4 Develop strategies to manage/control the public
safety contract
5 Ensure that the City’s infrastructure keeps pace with development, and that developers pay their share
3 CD, IB 6 Ensure that City revenues align with expenditures 7 Ensure that businesses invest back in the City
2 CL 8 Be inten�onal about how we spend our money – do
it once, and do it right
9 Evaluate connec�on between economic
development and financial planning
3 JY 10 Conduct financial planning for newly proposed
infrastructure e.g. Civic Center
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TARGET #4 GOALS – PUBLIC SAFETY
Priority
Level
Mayor/
Council
Priority
Goal # Goal
1 CL, CD, IB,
TR
1 Construct a Police Substa�on building
2 Increase community involvement with law
enforcement e.g. volunteerism
3 Increase law enforcement involvement with
community
4 Implement a K-9 program
5 Maintain Neighborhood Watch program, community
enhancement and safety
6 Use innova�on and technology to enhance public
safety with considera�on and balance of privacy and
public trust
7 Maintain Fire response
8 Develop a public safety campaign/educa�onal
aspect using social media and door knocks
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TARGET # 5 GOALS – INFRASTRUCTURE
Priority
Level
Mayor/
Council
Priority
Goal # Goal
1 IB, CD, TR,
JY , CL
1 Develop and Construct Civic Center (City Hall,
Library, Police Substa�on, and 3rd Fire Sta�on
1 IB, TR, CD 2 Evaluate Parks & Recrea�on as a City Service 3 Plan for landscape, roads, and street maintenance
e.g. One Dig Policy, Fiber, and Purple Pipe
4 Plan for synchronized traffic signals
5 Improve connec�vity through the trails system
2 JY 6 Improve traffic mobility management around the
schools
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TARGET #6 GOALS – INCLUSION
Priority
Level
Mayor/
Council
Priority
Goal # Goal
3 TR 1 Collaborate to provide cultural and diverse events and celebra�on (include food)
2 Ensure that the City is inclusive of everyone;
develop an inclusionary ac�on plan and put policy
to prac�ce
3 Develop strategies for the arts in public places e.g. art and music
4 Iden�fy and/or develop venues for inclusion;
including events and gathering places (e.g.
Amphitheatre)
5 Expand modes of communica�on beyond social
media
6 Develop branding associated with events e.g.
“Eatsville in Eastvale”
7 Evaluate feasibility of crea�ng a posi�on dedicated
to cultural inclusion, or use of consultant services
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TARGET #7 GOALS – INNOVATION & TECHNOLOGY
Priority
Level
Mayor/
Council
Priority
Goal # Goal
1 Create a City Applica�on for use on Smart Phones
3 CL 2 Develop City-wide WIFI
3 Implement a Global GIS Component to digi�ze all
City records and plans (�ed to Economic
Development)
4 Empower staff to innovate for efficiencies; create a
culture of innova�on
5 Engage with developers to implement technology
3 CL 6 Develop and Implement a Smart City
7 Invest internally in so�ware/technology
improvements to enhance customer service
8 Explore and evaluate alterna�ve modes of
transporta�on technology
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ACTION PLANS
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TARGETS
Target #1 – Organiza�onal Development
Target #2 – Economic Development
Target #3 – Infrastructure
Target #4 – Public Safety
Target #5 – Financial Planning
Target #6 – Inclusion
Target #7 – Innova�on & Technology
GOALS BY PRIORITY LEVEL
Priority Level 1 Goals
• Atract and retain Business (Target #2, Goal #1)
• Create “Des�na�on Eastvale” (Target #2, Goal #3)
• Develop and Construct Civic Center (Target #5, Goal #1) • Construct a Police Substa�on building (Target #4, Goal #1) • Evaluate Parks & Recrea�on as a City Service (Target #5, Goal #3)
Priority Level 2 Goals
• Develop branding and iden�ty for Eastvale (Target #2, Goal #4) • Improve traffic mobility and management throughout the city’s major corridors around the schools (Target #5, Goal #7)
Priority Level 3 Goals
• Develop long-term financial model (Target #3, Goal #3) • Ensure that City revenues align with expenditures (Target #3, Goal #6) • Conduct financial planning for newly proposed infrastructure (Target #3, Goal #10) • Collaborate to provide cultural and diverse events and celebra�on (include food) (Target #6, Goal #1)
• Develop City-wide WIFI (Target #7, Goal # 2)
• Develop and Implement a Smart City (Target #7, Goal #6)
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ACTION PLANS
Ac�ons/Schedule for Priority “Level 1” Goals
Target #2: ECONOMIC DEVELOPMENT
Goal #1: Atract and retain Business - that aligns with diverse community needs and provide choices
Ac�ons:
Responsible: Time Frame:
Develop Economic Development Website that
atracts businesses to Des�na�on Eastvale
Economic
Development
July 2021
U�lize so�ware and technology to help
atract and retain businesses
Economic
Development
Monthly
Conduct 12 businesses visits to build and
strengthen rela�onships with business
community
Economic
Development
2021
U�lize business inven�ve programs to atract
restaurants
Economic
Development
On-going
Connect with businesses and inform of
resources and opportuni�es for growth and
expansion
Economic
Development
Monthly
Support business atrac�on through
expedited en�tlement
Planning On-going
Support business reten�on through
community aesthe�cs
Community
Enhancement &
Safety
On-Going
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ACTION PLANS
Ac�ons/Schedule for Priority “Level 1” Goals
Target #2: ECONOMIC DEVELOPMENT
Goal #2: Create “Des�na�on Eastvale” - with high quality and unique businesses
Ac�ons:
Responsible: Time Frame:
Iden�fy and create community site for
public events
Community
Development
May 2021
Develop Shop Eastvale Love Eastvale,
Dine Eastvale and Play Eastvale
campaign targe�ng quality and unique
businesses
Economic
Development
August 2021
Accela (enhanced business interac�on,
streamline permits
Community
Development
December 2021
Establish Development Review Commitee
processes to provide streamlined
development process
Planning April 2021
Eastvale 2040 Land Use Element Planning 2021-2022
Zoning Code Update to support en�tlement
of high quality businesses
Planning, ED 2021-2022
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ACTION PLANS
Ac�ons/Schedule for Priority “Level 1” Goals
Target #5: INFRASTRUCTURE
Goal #3: Develop and Construct Civic Center - City Hall, Public Library, Police Substation, and 3rd Fire Station
Ac�ons:
Responsible: Time Frame:
Leal Master Plan Implementa�on Community
Development
Winter 2022
Eastvale 2040 Planning Fall 2021
Offsite Improvement Infrastructure cost
es�mate
Community
Development/
Engineering
April 2021
Land appraisal Community
Development
April 2021
Financial Performa Community
Development
April 2021
Site Selec�on Community
Development
Summer/Fall 2021
Development Agreement or Public
Partnership to implement
Community
Development
Summer/Fall 2021
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ACTION PLANS
Ac�ons/Schedule for Priority “Level 1” Goals
Target #4: PUBLIC SAFETY
Goal #1: Construct a Police Substa�on building
Ac�ons:
Responsible: Time Frame:
Leal Master Plan Implementa�on Community
Development
Winter 2021
Eastvale 2040 Planning Fall 2021
Offsite Improvement Infrastructure cost
es�mate
Community
Development/
engineering
April 2021
Land appraisal Community
Development
April 2021
Financial Performa Community
Development
April 2021
Site Selec�on Community
Development
Summer/Fall 2021
Development Agreement or Public
Partnership to implement
Community
Development
Summer/Fall 2021
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ACTION PLANS
Ac�ons/Schedule for Priority “Level 1” Goals
Target #5: INFRASTRUCTURE
Goal #4: Evaluate Parks & Recrea�on for possible internal control.
Ac�ons:
Responsible: Time Frame:
JCSD CFD/LMD analysis Finance/Community
Development
Fall 2021
Joint Mee�ng with JSCD Community
Development
June 2021
Develop a Plan for Services Community
Development
Fall 2021
General Fund Impact/Organiza�onal
Development/Financial Planning
Finance/Talent
Atrac�on and
Development
2021-2022
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ACTION PLANS
Ac�ons/Schedule for Priority “Level 2” Goals
Target #2: ECONOMIC DEVELOPMENT
Goal #5: Develop branding and iden�ty for Eastvale
Ac�ons:
Responsible: Time Frame:
Citywide Branding/Monuments in Medians Engineering 2021-2022 Create a Public Art and Art in Public Places
Policy
Planning June 2021
Freeway Interchange Monument Engineering 2021-2022
Create incen�ve for businesses and
developers to create display art within or
outside their business
Economic
Development
2021-2022
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ACTION PLANS
Ac�ons/Schedule for Priority “Level 2” Goals
Target #5: INFRASTRUCTURE
Goal #6: Improve traffic mobility and management throughout the city’s major corridors around the schools
Ac�ons:
Responsible: Time Frame:
Scholar & Harrison ATP Engineering 2021-2023
Schleisman Safe Route to School
improvements
Engineering 2021-2023
Signal Synchroniza�on Program Engineering 2021-2022
Create walkable spaces in private
development
Planning Immediate
Create a walkable community Planning Immediate
Eastvale 2040 Circula�on Element Planning Fall 2021
Implement Limonite Gap Closure Extension
over Cucamonga Creek (West of Archibald)
Engineering 2023-2024
Implement Hamner Avenue Bridge Widening
over Santa Ana River
Engineering 2021-2023
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ACTION PLANS
Ac�ons/Schedule for Priority “Level 3” Goals
Target #3: FINANCIAL PLANNING
Goal #7: Develop long-term financial model
Ac�ons: Responsible: Time Frame:
Issue Long Range Financial Services RFP ,
select firm and award contract
Finance Spring 2021
Firm completes comprehensive long-range
financial plan forecast in conjunc�on with
staff and delivers long-range financial plan
model document
Finance Summer 2021
Conduct general fund opera�ons financial
planning workshop or presenta�on to City
Council
Finance Winter 2021/22
Update financial plan model with each
major budget review:
• Mid-Year review each winter
• Budget prepara�on each spring
• Include internal and external
changes such as:
• Public safety rate changes
• Economic impacts (ex. COVID-
19 pandemic, recession, etc.)
Finance Ongoing star�ng Mid-
Year 2021/22
Include long-term sec�on in quarterly
interim reports
Finance Ongoing star�ng Spring
2022
Evaluate investment opportuni�es:
• Other post employment benefit
sec�on 115 trust
• Pension Prefunding Sec�on 115
trust
Finance 2023
Ensure that maintenance of development is
sustainable through Condi�ons of Approval
Community
Development
2021
Pay off unfunded liability of pension Finance Summer 2022 335
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Resolve CalPERs audit from 2012-2018 for
contract services
Talent Atrac�on and
Development
2021-2022
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ACTION PLANS
Ac�ons/Schedule for Priority “Level 3” Goals
Target #3: FINANCIAL PLANNING
Goal #8: Ensure that City revenues align with expenditures
Ac�ons:
Responsible: Time Frame:
Ensure that the City adopts a balanced budget
before July 1 each year
• Quarterly interim financial reports to
Council
• Monthly budget performance reports
to managers and department heads
Finance Ongoing
Transfer department revenues into each
department within the general ledger. Allows
managers to monitor department level
revenues such as fees.
Finance 2021-22 Budget
Con�nue to consolidate general ledger for ease
of use
Finance Ongoing
Cost Alloca�on Plan and User Fee Study:
Issue Comprehensive Cost Alloca�on Plan and
User Fee Study RFP , select firm and award
contract
Finance Spring 2021
Firm completes comprehensive cost alloca�on
plan in conjunc�on with staff:
• Iden�fy cost of providing program
services
• Iden�fy appropriate special revenue
administra�on costs, reimbursed back
to general fund
• Iden�fy internal service fund
opportuni�es:
• Fleet
• ITS
• Building Maintenance
• Risk Management
• Present to Council
Finance Winter 2021/22
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Implement Cost Alloca�on Plan Finance 2022-2023 Budget Firm completes comprehensive user fee study
using the informa�on gathered from the cost
alloca�on plan in conjunc�on with staff:
• Iden�fy appropriate cost recovery level
for city
• Iden�fy and recommend proper fee
structure
• Iden�fy appropriate annual inflator
• Dra� fee schedules and provide dra�
fee study
• Present to Council for adop�on
Finance Winter 2021/Spring
2022
Implement User Fee Schedules 60 days a�er
Council Adop�on
Finance Winter 2021/Spring
2022
Evaluate and update exis�ng and/or create new
policies in line with GFOA recommenda�ons
• Fund balance
• Structurally balanced budget
Finance 2023
Ensure that infrastructure keeps pace with
development through site plan review
Community
Development
On-going
Pavement Management Engineering Annual
Market Eastvale to atract businesses that
generate sales tax at ICSC
Economic
Development
2021
Accela (streamline business development, and
accoun�ng
Community
Enhancement and
Safety
2021
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ACTION PLANS
Ac�ons/Schedule for Priority “Level 3” Goals
Target #3: FINANCIAL PLANNING
Goal #9: Conduct financial planning for newly proposed infrastructure - City Hall, Public Library, Police Substation, and 3rd Fire Station
Ac�ons:
Responsible: Time Frame:
Once financial planning model is complete,
conduct capital infrastructure financial
planning workshop for:
• Evaluate capital funding op�ons
• Public Private Partnerships
• Other financing methods
• Assess commited reserve
balances
• Evaluate general fund capacity to
fund capital debt; or lease to own;
or Public Private Partnership; debt
posi�on and affordability analysis
• Evaluate long term opera�onal
budget impacts
Finance Winter 2021
Obtain municipal financial advisor and bond
counsel (if necessary)
Finance Spring 2022
Evaluate and update exis�ng and/or create
new policies in line with GFOA
recommenda�ons
• Capital financing policies
• Debt management policies (if
necessary)
Finance 2022
Evaluate and update exis�ng and/or create
new policies in line with GFOA
recommenda�ons
• Capital asset policies
• Capital maintenance and
replacement
Finance 2023
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Offsite Improvement Cost Es�mate Community
Development
March 2021
Economic performa and appraisal CD April 2021
Appraisal Community
Development
April 2021
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ACTION PLANS
Ac�ons/Schedule for Priority “Level 3” Goals
Target #6: INCLUSION
Goal #10: Collaborate to provide cultural and diverse events and celebra�on (include food)
Ac�ons:
Responsible: Time Frame:
Support and encourage cultural and diverse
events throughout the community
Community
Development
April/May 2021
Create site for community/public gatherings
to host food, music, and cultural events.
Community
Development in
Partnership with
New Day Church
Spring 2021
Iden�fy Wall Mural Loca�ons Community
Development
Fall 2021
Promote events held by cultural
organiza�ons
Community
Development
On-going
Facilitate cultural conversa�on focused on
sharing experiences
Community
Development
On-going
Par�cipate in community lead Inclusionary
Task Force
Community
Development
On-going
Incorporate Inclusionary/diversity into
Eastvale 2040 in goals, policies objec�ves
both integrated throughout the document
and a stand alone chapter.
Community
Development
Fall 2021
Build on Clear Vision Speaker series topic on
diversity, inclusion and engage,
Community
Development
Fall 2021
Include youth and adult groups in
inclusionary conversa�ons and programs
Community
Development
Fall 2021
Iden�fy and incen�ves cultural business that
reflect commUNITY diversity.
Community
Development
Fall 2021
Installa�on of Grad banners City Manager’s Office May/June 2021
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City of Eastvale
Strategic Planning/Goal Se�ng Workshop
1/29/2021 HR Dynamics & Performance Management, Inc. 34
ACTION PLANS
Ac�ons/Schedule for Priority “Level 3” Goals
Target #7: INNOVATION & TECHNOLOGY
Goal #11: Develop City-wide WIFI
Ac�ons:
Responsible: Time Frame:
City Wide Wi-Fi
• Determine needs and feasibility of
City-wide Wi-Fi vs. localized (or
promoted) Hot Spots
• Connect w/ local businesses to
eliminate redundancy
• Iden�fy funding source to develop
Economic Development
Manager/CM’s Office
Mid 2019
Smart City Element of Eastvale 2040 Planning 2021
Zoning Code Amendment to require WIFI Planning 2021
Require conduit and fiber on Street
Improvement plans
Engineering Immediately
Map exis�ng fiber lines Engineering Spring 2021
Iden�fy Broadband Solu�ons Engineering 2021
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City of Eastvale
Strategic Planning/Goal Se�ng Workshop
1/29/2021 HR Dynamics & Performance Management, Inc. 35
ACTION PLANS
Ac�ons/Schedule for Priority “Level 3” Goals
Target #7: INNOVATION & TECHNOLOGY
Goal #12: Develop and Implement a Smart City
Ac�ons:
Responsible: Time Frame:
Signal Synchroniza�on through CIP Program Engineering 2021 Fiber Installa�on on street improvement
plans
Engineering Immediately
Public Space WIFI requirement for new
development
Planning Immediately
Iden�fy and u�lize data analy�cs so�ware to
atract and retain businesses
Economic
Development
2021
Interconnect and Synchronized traffic signals
and camera technology with traffic
management center
Engineering 2021
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AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 13.2
April 27, 2022
Eastvale Community Enhancement Volunteer Program
Prepared By:
Johnny Terfehr, Interim Community Safety Director
Recommended Action(s)
Staff recommends that the City Council:
1 .
Approve the Eastvale Community Enhancement Volunteer Program Manual, and direct staff to move forward with the implementa&on of the Eastvale Community Enhancement Volunteer Program in accordance with the Manual.
2 .
Approve and Adopt Budget Resolu&on 21-XX Amending the 2021-22 Fiscal Budget by $8,400 for the development and implementa&on of the new Eastvale Community Enhancement Volunteer program.
3 .
Approve and Adopt Resolu&on 21-XX
Authorizing access to State and Federal level summary
criminal history information for employment (including volunteers).
Summary
Eastvale City Council expressed interest with the Strategic Plan in developing a volunteer program to engage Eastvale residents in the role of enhancing community safety. With the City Council’s approval, Community Enhancement Safety volunteers will begin to patrol residen&al, commercial, industrial, and civic areas to provide a visible presence and report quality of life issues, while City- supported Sheriff's Department volunteers will contribute extra sets of eyes and ears for law enforcement and act as a deterrent to crime, and CERT volunteers will enhance community resilience to disasters. In addi&on, to encourage interest in and growth of the program, the volunteers will focus heavily on outreach by a;ending and being highly visible at community events such as EATsvale, EEKvale, Community Clean ups, holiday events, etc. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Background
Community Enhancement paired with civic engagement con&nues to be vital to the City of Eastvale.
To enhance our community's safety and quality of life standards, volunteers can, through a non- confronta&onal approach, provide increased community safety presence and patrol, especially on the weekends and at night. Volunteer patrol programs in other ci&es have repeatedly shown effec&veness in reducing crime, providing a sense of security and community, assis&ng with traffic control, and relieving or supplemen&ng/suppor&ng law enforcement officers from rou&ne tasks (such as wai&ng for a tow vehicle) to focus on more serious crimes. A robust volunteer program is a key part of the City's multi-prong approach to community safety.
As a young city, the City of Eastvale seeks to establish programs geared towards the goals of its residents. Eastvale residents have shown on mul&ple occasions that enhanced safety is a primary concern and one of the top benefits of living in the City. As the City grows, increased focus on community-based volunteerism with emphasis on crime preven&on such as the Neighborhood Watch Program and the Community Enhancement Volunteer program will have an enormous impact on our residents' quality of life and safety.
The Community Enhancement and Safety division (CES) will manage the proposed Community Enhancement Volunteer program. The volunteers will be provided driver training, training on proper repor&ng of code viola&ons. An emphasis will be placed on assuring volunteers always employ a non-confronta&onal approach consistent with Eastvale's culture of 'championing experiences that engage, excite, and elevate our commUNITY through kindness, grit, and being solu&ons-driven'. In addi&on, prior to being accepted as a volunteer, a comprehensive program of interviews and background checks will help ensure that residents who volunteer are guided by honesty, ethics, and a sincere desire to serve and help their community.
The Riverside County Sheriff's department volunteers will undergo a separate rigorous program and, under supervision of the Riverside County Sheriff's Department, be provided the tools and means to patrol the community, report crime, and assist the Sheriff's Department Depu&es. The City will provide mee&ng space, equipment storage facili&es, and vehicles for the Eastvale assigned Sheriff volunteers.
The Community Emergency Response Team (CERT) volunteer program will provide space for interested CERT program graduates to con&nue learning and growing as a disaster response team.
The program will be able to harness the enthusiasm Eastvale residents show towards CERT and enhance the City’s resilience to disasters.
A preliminary manual has been developed (a;ached) that provides an outline of the scope of volunteer opera&ons. Specific classroom and field training will be provided to volunteers who engage in patrol on how to respond to a wide variety of issues that may be encountered while on community patrols. In addi&on to the tasks outlined in this manual, it is an&cipated that Sheriff’s Department volunteers will also assist with traffic control at accident scenes and special events.
The program will ini&ally need two vehicles equipped with direc&onal light bars (for safety), graphics and signage iden&fying the vehicle belonging to the City of Eastvale Community Enhancement Volunteer Program. In addi&on to basic supplies such as cones, fire ex&nguishers, flashlights, 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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umbrellas, and two-way radios, the City will provide smart phones for repor&ng issues to RSO and CES. Volunteers will also need basic uniform items such as Community Enhancement Volunteer polo shirts, pants, boots, and high visibility vests. As the program grows and evolves, staff will evaluate the need for additional vehicles and resources for the program.
Vehicles for volunteers will be operated and stored within Eastvale City limits to allow for ease in check out/in process. A secure area has been iden&fied at the Citrus property where vehicles, equipment, and supplies can be stored for the volunteer program.
Environmental
Discussion and approval of the volunteer program is not a project under CEQA.
Strategic Plan Action - Priority Level: N/A
| Target #: 4
| Goal #: 5
Maintain Community Enhancement and Safety
Fiscal Impact
Staff is recommending that the City Council adopt a General Fund budget resolu&on in the amount of $8,400 to fund the ini&al startup and program costs for fiscal year 2021-22. The General Fund is expected to have a $36.3 million budget surplus in the current fiscal year; however it should be noted that the General Fund is expected to have a General Fund opera&ng deficit of approximately $196,000. This is primarily due to the funding source of the budget surplus; the surplus is not expected to con&nue into the foreseeable future. The budget resolu&on recommends appropria&ng funds as detailed in the table below:
Fiscal Year 2021-22 Impact
Account
Amount
100-301-6170
2,000.00
100-301-6240
800.00
100-301-6376
600.00
100-301-6510
4,500.00
100-301-6330
500.00
Total
8,400.00
For fiscal year 2022-23, staff es&mates the program will require $87,800 in General Fund. These funds will allow for the purchase of two vehicles in the cost range of $20,000 to $35,000 each, including added upfitting (light bars, storage boxes, and tonneau cover). Staff further anticipates the need for various other items including smart phones, polo shirts, personal safety equipment, and supplies. Ongoing costs will include insurance, training, fuel and maintenance of vehicles, appropriate volunteer recogni&on events, data plans for smart phones, and other miscellaneous expenses. Budget for the 2022-23 fiscal year will be adopted in June 2022. In future years, staff es&mates an annual budget of approximately $18,000 in General Funds (not including any future vehicle purchases). Procurement for the ini&al startup costs and con&nuing opera&onal costs will be conducted in accordance with the purchasing policy outlined in 4.06 of the Eastvale Municipal Code.
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The Public Safety Commission reviewed and discussed the proposed program at their January 25, 2022 mee&ng. Based on the input from PSC a blended approach with RSO Volunteers is recommended.
The City Council reviewed and discussed the proposed program at their September 29, 2021 mee&ng. Council members were in support of the program but requested more specifics about cost and proposed volunteer activities.
Attachment(s)
Attachment 1 - Draft Eastvale Volunteer Manual v11.9
Attachment 2 - Budget Resolution
Attachment 3 - Criminal Record Resolution.docx
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CITY OF EASTVALE
VOLUNTEER MANUAL
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Rev. 11/23 City of Eastvale Volunteer Manual
TABLE OF CONTENTS
LETTER TO PROSPECTIVE VOLUNTEER .................................................................................... 1 VOLUNTEER PROGRAM VOLUNTEER HANDBOOK ................................................................... 2 Overview ................................ ................................ ................................ ................................ ........2 Mission ................................ ................................ ................................ ................................ ..........2 Objectives ................................ ................................ ................................ ................................ ......2 Coordination of Volunteer Services ................................ ................................ ................................ .3 Becoming a Volunteer ................................ ................................ ................................ ....................3 Being a Volunteer ................................ ................................ ................................ ........................... 3 City of Eastvale Policies ............................................................................................................ 3 Insurance .................................................................................................................................. 3 Expenses ................................................................................................................................... 4 Volunteer Hours ....................................................................................................................... 4 Placement and Schedules ........................................................................................................ 4 Volunteer Duties ...................................................................................................................... 5 Problem Solving ........................................................................................................................ 5 Other Responsibilities .............................................................................................................. 6 Recognition............................................................................................................................... 6 City of Eastvale Policies ................................ ................................ ................................ ...................6 Risk Management ..................................................................................................................... 6 Automobile Accidents .............................................................................................................. 6 Smoking .................................................................................................................................... 7 Drugs & Alcohol ........................................................................................................................ 7 Technological Resources .......................................................................................................... 7 Discrimination, Harassment, & Retaliation .............................................................................. 7 Dismissal ................................................................................................................................... 7 Attendance Policy..................................................................................................................... 8 COVID-19 Policies ..................................................................................................................... 8 Minor Volunteers ..................................................................................................................... 8 Code of Ethics ........................................................................................................................... 9 COMMUNITY ENHANCEMENT & SPECIAL EVENT VOLUNTEERS ............................................. 10 Purpose ................................ ................................ ................................ ................................ ........ 10 Requirements ................................ ................................ ................................ ............................... 10 Program-Specific Policies & Procedures ................................ ................................ ......................... 10 349
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Volunteer Commitment ......................................................................................................... 10 Restricted Activity .................................................................................................................. 11 Volunteer Uniform ................................................................................................................. 11 Community Enhancement Volunteer Duties ................................ ................................ .................. 11 COMMUNITY EMERGENCY RESPONSE TEAM (CERT) VOLUNTEERS ........................................ 12 Purpose ................................ ................................ ................................ ................................ ........ 12 Activities ................................ ................................ ................................ ................................ ...... 13 Commitment ................................ ................................ ................................ ................................ 13 Requirements ................................ ................................ ................................ ............................... 13 RIVERSIDE COUNTY SHERIFF VOLUNTEER PROGRAM............................................................ 13 OTHER VOLUNTEER OPPORTUNITIES ................................................................................... 14 Appendix: Forms & Documents ............................................................................................ 15 Volunteer Application ................................ ................................ ................................ ................... 15 Volunteer Waiver ................................ ................................ ................................ ......................... 17 Volunteer Program Risk Management Checklist ................................ ................................ ............ 18 Volunteer Program Minor (Ages 15-17) Application ................................ ................................ ....... 19 Resolution No. _______ ................................ ................................ ................................ ................ 21 Volunteer Program Acknowledgement of Workers' Compensation ................................ ................ 22 Volunteer Program Time Sheet ................................ ................................ ................................ ..... 23 Volunteer Program Expense Claim Form................................ ................................ ........................ 24 Volunteer Program Volunteer Request Form ................................ ................................ ................. 25 Volunteer Program Volunteer Agreement ................................ ................................ ................. - 28 - Volunteer Program Volunteer Service Statement ................................ ................................ ...... - 29 - Volunteer Program Performance Review ................................ ................................ ................... - 30 - Community Enhancement & Safety (CES) Volunteer Training Program ... Error! Bookmark not defined.
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LETTER TO PROSPECTIVE VOLUNTEER
Dear prospective volunteer:
We are grateful for your interest in volunteering. You and the many other volunteers at work on our various City of Eastvale programs and projects have the power to improve the quality of life in our community.
Attached is an application for the City of Eastvale volunteer program and a general interest form. We ask you to complete these so that we can make every effort to offer assignments that meet your interest and needs. Additionally, you will have an opportunity to review the duties description for any assignment and interview the supervisor before you commit your time and energy.
We also want to make you aware that we have established program policies and procedures that protect volunteers, residents, and the City of Eastvale. Depending upon the type of assignment you undertake, the procedures may include fingerprinting and background checks, DMV record review, and liability waivers, among others. We will make you aware of any such requirements at the time of your initial interview.
Again, thank you for your willingness to work toward improving our community. We look forward to welcoming you to the volunteer program.
Sincerely,
Angelica Zepeda
Talent Attraction and Special Projects Manager
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VOLUNTEER PROGRAM VOLUNTEER HANDBOOK
OVERVIEW
The volunteer program is designed to coordinate and manage City volunteer efforts, which support existing services provided to the community. The program addresses community service needs while placing special emphasis on the City of Eastvale's priorities. With this in mind, it is important to effectively match individuals and others interested in providing volunteer services to City of Eastvale departments that have exciting and fun volunteer opportunities.
The purpose of this handbook is to provide guidance and direction to staff and volunteers alike. As you begin volunteering for the City of Eastvale, you may have questions. This handbook is intended to help you answer those questions and give you the information necessary to help make your time spent volunteering a positive experience.
MISSION
The City of Eastvale's volunteer program is committed to encouraging community participation and the comprehensive coordination of volunteers to enhance municipal services. As ambassadors for the City of Eastvale, our Volunteers represent an opportunity to increase solutions to our community. We strive to champion new creative ideas that engage, excite, and elevate our community.
We are dedicated to providing excellent service through relationships that build trust, create a safe environment, and enhance the quality of life in our communities.
We champion experiences that engage, excite, and elevate our commUNITY! with our….
Kindness, and selfless concern for all.
Grit, to have that passion and resilience in everything we do.
Solutions-Driven, to be courageous, creative, and with collaborative results.
OBJECTIVES
The volunteer program objectives are:
A. To develop a reliable and varied skilled network of talent to support the delivery of services to the community.
B. To provide opportunities for all segments of the community to participate in local government.
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COORDINATION OF VOLUNTEER SERVICES
Talent Attraction and Development Department (TAD) is responsible for coordinating staff and volunteers so that their combined efforts jointly enrich and expand opportunities for the delivery of quality services to the community. TAD is responsible for planning the effective use of volunteers, assisting staff in identifying productive and creative roles, recruiting suitable volunteers, and tracking and evaluating their contribution to the City of Eastvale.
BECOMING A VOLUNTEER
We are pleased that you have expressed interest in becoming a volunteer with the City of Eastvale. Others like you have volunteered for many reasons, including learning new skills, meeting new people, and making a difference in our community.
Each volunteer must complete an initial information form and liability waiver form.
It is important for us to know of any medical conditions which may affect your volunteering. If you are a minor, your parents must also sign these forms. No one may volunteer unless a completed liability waiver form is on file with the Talent Attraction and Development Department.
All volunteers go through a formal screening process and must be accepted by the City of Eastvale as a volunteer. The amount of screening will depend upon the type of volunteer opportunity you choose. Also, a motor vehicle driving record check and/or a criminal record background check may occur.
Upon completion of the screening process, you will receive an orientation from the Talent Attraction and Development Department. You will also receive specific training from city staff.
BEING A VOLUNTEER
CITY OF EASTVALE POLICIES
There are several City of Eastvale policies that apply to volunteers. Complete copies of these policies will be provided to volunteers.
INSURANCE
Liability insurance is provided as a volunteer for the City of Eastvale. As a volunteer, you are covered by the City of Eastvale's general liability policy so long as you are acting within the scope and course of your assigned duties.
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Automobile insurance follows the automobile. If you are driving a City of Eastvale vehicle, City of Eastvale insurance will be in effect. Likewise, if you are driving your own vehicle, even while on City of Eastvale business, your automobile insurance will be applicable on a primary basis per the California Vehicle Code, CVC 17152.
We conduct a motor vehicle driving record check for all volunteers who drive as part of their volunteer work; therefore, we ask that you provide proof of insurance and a copy of your driver's license to the Talent Attraction and Development Department if this applies to you.
EXPENSES
Volunteers are reimbursed for expenses that have been pre-approved by your supervisor. Mileage can be reimbursed if pre-approved by your supervisor. You may, however, claim a mileage tax deduction instead of taking the reimbursement. Please consult with your accountant or the Internal Revenue Service for current mileage reimbursement rates or tax benefits. If you do choose to seek reimbursement for mileage, you will be required to complete the City of Eastvale's mileage reimbursement form and obtain approval from your supervisor before payment can be made to you.
You may also be eligible for a number of other tax benefits as a volunteer under the general charitable contribution deduction of the Internal Revenue Code.
Please confer with your tax advisor regarding your eligibility for deductions or other tax benefits; the City of Eastvale cannot provide you with personal tax advice.
VOLUNTEER HOURS
The City of Eastvale must keep track of the hours you volunteer to assure coverage under our self-insured liability and workers' compensation programs.
Time records are also used to determine how service levels have increased, which services have been enhanced by volunteers, and to provide recognition to volunteers at certain milestones. Timesheets are to be filled out each time a volunteer works, at the end of the week, or whenever stipulated by the supervisor. Each volunteer is asked to follow this practice. Volunteers might also want to maintain this record to document their experience and commitment.
Volunteers are required to commit to a minimum number of hours per month to stay active within their respective program. See specific programs for details.
PLACEMENT AND SCHEDULES
Work schedules of volunteers are diverse and varied depending on the department, program, and/or location of volunteers. Volunteers should work with 354
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their supervisor to set a schedule that is mutually acceptable. If a volunteer cannot make it to his or her assignment on a scheduled day, the volunteer should notify his or her supervisor as soon as possible.
VOLUNTEER DUTIES
A description of your assignment will be developed prior to your volunteer placement so that you are provided a clear, complete, and current description of the duties and responsibilities of your assignment. In addition, a listing of volunteer assignment qualifications, a designated workspace, and supervisor will also be provided.
You may not perform professional services for which certification is required unless you already hold the appropriate certificate or license and have received approval from the Talent Attraction and Development Department. Upon seeking approval, please make sure to provide copies of any certificates or licenses, including any special driving licenses, first aid, or CPR certification.
PROBLEM SOLVING
If a problem should arise concerning any condition of your volunteering with the City of Eastvale, you should attempt to reconcile the matter with your supervisor.
All volunteers are encouraged to attempt to settle problems or issues requiring attention within the department to which the volunteer is assigned. However, if you feel that a workable agreement or a satisfactory solution to your problem has not been reached from discussion within the department, then notify the Talent Attraction and Development Department.
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OTHER RESPONSIBILITIES
• Keep your volunteer commitment.
• Inform your supervisor if you have a planned absence. • Accept training and participate in other volunteer development activities. • Adhere to all confidentiality requirements while carrying out duties and responsibilities.
• Treat residents, co-workers, and others with respect. • Be aware of procedures and rules, including safety rules. • Report all on-the-job accidents and injuries to your supervisor immediately.
• Report any unsafe practices or procedures to your supervisor. • Cooperate and assist in the investigation of any work accident or incident. • Follow personal hygiene and grooming habits, as well as manner of dress, that allow you to safely complete volunteer duties.
• Wear seat belts when driving on City of Eastvale business and obey all rules of the road.
• Be cooperative by accepting instructions, guidance, and suggestions from staff.
If you have questions about any of this information, you should speak with your supervisor or the Talent Attraction and Development Department.
RECOGNITION
Because we feel that volunteers are invaluable resources, various awards and activities may be planned each year and are part of our efforts to recognize volunteers for helping make our community a better place to live. Please inquire with the Talent Attraction and Development Department to find out more information.
CITY OF EASTVALE POLICIES
RISK MANAGEMENT
Risk management explores safety risks involved in work and volunteer tasks.
The Talent Attraction and Development Department and Risk Management work together to minimize any potential risks to the volunteer or City of Eastvale. This means that before volunteers begin their service, the supervisor is responsible for informing the volunteer of safe work practices. Any injury to the volunteer or losses to any third party which involved a volunteer must be reported and processed in accordance with existing City of Eastvale policies on matters of this nature.
AUTOMOBILE ACCIDENTS
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In the event of an accident involving a City of Eastvale vehicle or your own vehicle while volunteering for the City, you should immediately contact the local police. You are also responsible for immediately notifying your supervisor, who will help you complete an accident investigation form along with any other required documents.
Any volunteer, during the course of volunteering, involved in a serious motor vehicle accident may be required to take a urine, blood, or breath test to determine whether or not that volunteer's ability to drive was impaired by alcohol or a controlled substance as defined by state statutes. For purposes of this policy, a serious accident is defined as one that injures someone, or where property damage exceeds $750.
SMOKING
Smoking is prohibited in all City of Eastvale facilities, including all City of Eastvale vehicles. Volunteers and employees who wish to smoke may do so outside the building or vehicle in designated areas.
DRUGS & ALCOHOL
Volunteers are subject to and required to comply with the City of Eastvale Drug and Alcohol-Free Workplace Policy, as it may be amended from time to time. An acknowledgement of receipt of this policy must be executed by a volunteer prior to commencing their volunteer service.
TECHNOLOGICAL RESOURCES
Volunteers are subject to and required to comply with the City's Use of Technological Resources Policy, as it may be amended from time to time. An acknowledgement of receipt of this policy must be executed by a volunteer prior to commencing their volunteer service.
DISCRIMINATION, HARASSMENT , & RETALIATION
Volunteers are subject to and required to comply with the City's Policy Prohibiting Discrimination, Harassment, and Retaliation, as it may be amended from time to time. An acknowledgement of receipt of this policy must be executed by a volunteer prior to commencing their volunteer service.
DISMISSAL
A volunteer may be dismissed at any time for any reason or without cause at the discretion of the City.
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ATTENDANCE POLICY
Volunteers are expected to always be prompt and on time in reporting for their assignments. Being late may inconvenience those who are counting on your presence. If unforeseen circumstances make you late, please notify your supervisor in advance. For those times when you are ill and unable to work, call your supervisor or department as early in the day as possible. Failure to appear for your shift without notifying your staff supervisor may result in your dismissal from the volunteer program.
COVID -19 POLICIES
Volunteers are required to comply with all applicable and then-current federal, State, County, and City rules or policies (if any) pertaining to the COVID-19 pandemic when volunteering for the City. These policies may change from time to time. Copies of current City COVID-19 policies will be provided to each volunteer prior to commencing their volunteer service.
MINOR VOLUNTEERS
Because of various liability concerns, the City of Eastvale does not allow volunteers under 15 years of age.
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CODE OF ETHICS
We encourage you to read and practice the following code of ethics for volunteers:
As a volunteer, I realize that I am subject to a code of ethics similar to that which binds the professionals in the fields in which I work. Like them, I assume certain responsibilities and expect to account for what I do in terms of what I am expected to do.
✓ I will keep confidential matters confidential.
✓ I interpret 'volunteer' to mean that I have agreed to work without compensation, but having been accepted as a worker, I expect to do my work according to standards.
✓ I promise to work with an attitude of open-mindedness; to be willing to be trained for the assignment; to bring to the assignment interest and attention.
✓ I realize that I may have personal and educational qualities that my co- workers may not have and that I should use these to enrich the projects which we are working on together.
✓ I realize, also, that I may lack personal or educational qualities that my co- workers have, but I will not let this make me feel inadequate but will contribute to the team with the assets that I have.
✓ I understand that I am expected to live up to my work commitment, and I will give ample notice if I cannot fulfill it.
✓ I believe that my attitude toward volunteer work should be professional. ✓ I believe that I have an obligation to my work, to those who direct it, to my colleagues, to those for whom it is done, and to the public.
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COMMUNITY ENHANCEMENT & SPECIAL EVENT VOLUNTEERS
PURPOSE
The purpose of the Community Enhancement Volunteer program is to provide local community members fulfilling opportunities to use their skills and experience to assist the City of Eastvale in delivering a high level of service to the community, to encourage improved quality of life, and strengthen the relationship between the City and the community. Volunteers in this group will drive through commercial and residential neighborhoods and report City code violations, provide educational materials to residents, report downed signs, potholes, safety issues, and other issues that impact the quality of life of Eastvale residents. These volunteers will also attend special events as ambassadors for the volunteer program and the City.
This volunteer group is distinguished from the Riverside County Sheriff’s Department volunteer program in that these volunteers are not trained to nor will participate in many volunteer functions normally associated with police volunteer groups such as traffic control, DUI checkpoints, crime scene security, and the like. These duties require special training available through the Sheriff’s volunteer program.
REQUIREMENTS
• Adhere to all City policies
• Minimum Age = 18 years old
• Valid California Driver's License (CDL)
• No Felony convictions
• No Misdemeanor convictions within three (3) years
• Be of good moral character*, as determined by a thorough background investigation
• Fingerprint Clearance (FBI/DOJ)
• Complete in-house training program conducted by CES Team
* "Good moral character" means having a personal history that demonstrates the propensity to serve the public in a manner that reflects openness, honesty, fairness, and respect for the rights of others and for the law.
PROGRAM -SPECIFIC POLICIES & P ROCEDURES
VOLUNTEER COMMITMENT
All volunteers must attend the monthly volunteer meetings and participate in assigned training relevant to the tasks they perform. Missing two or more consecutive meetings in a row or more than three meetings in a rolling 12-month period may be cause for temporary or permanent dismissal from the program.
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If unable to report for a scheduled task/duty or function, the volunteer will notify their supervisor as soon as reasonably possible.
Volunteers agree to commit at least 10 hours per month to the program. If you have special circumstances that prohibit you from completing your required 10 hours, please notify your supervisor. Exceptions can be made on a case-by- case basis.
Volunteers agree to work a minimum of 2 special events per year, such as neighborhood cleanups, shredding events, EEKvale, Eatsvale, and Miracle on Citrus.
RESTRICTED ACTIVITY
A volunteer's high visibility while driving a City vehicle requires particular care and diligence in obeying ALL traffic laws and setting a good example in the community. In addition, vehicles are equipped with GPS tracking devices that monitor driving habits and speed. Failure to drive City vehicles with care and caution can result in dismissal from the program.
Community enhancement volunteers generally will not make field contact with residents. If a member of the public approaches a volunteer the volunteer may assist with providing information or direction to a city department as needed.
VOLUNTEER UNIFORM
Community enhancement volunteers will be provided City polos clearly identifying them as volunteers. Volunteers will be expected to provide their own black or tan cargo pants and footwear. Footwear shall be safe and appropriate for the work being done but in no case will sandals, flip flops, or other open toed footwear be allowed.
COMMUNITY ENHANCEMENT VOLUNTEER DUTIES
• Systematically drive through City neighborhoods and commercial areas and report quality of life issues via the “My Eastvale” mobile app. • Assist the CES team by performing follow-up inspections to verify reported code issues were corrected.
• Attend special events to provide information and outreach about the volunteer program.
• Provide clerical support to the volunteer program including accepting applications, routing documents, data entry, generating reports, monitoring, and ordering supplies, answering phones, greeting the public, and assisting with other volunteer needs.
• Participate in regular training
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• Perform other duties as assigned and approved by the Talent Attraction and Development Department.
COMMUNITY ENHANCEMENT VOLUNTEER TRAINING
Volunteers will undergo training on the following topics:
• Vehicle safety, defensive driving, proper and improper use of City vehicles, proper maintenance and inspection of City vehicles. • Personal safety practices, avoiding injury, de-escalation, awareness of surroundings and conditions, the City’s Injury and Illness Prevention Program (IIPP) & Heat Illness Prevention Program.
• Fourth amendment private property rights and CES best practices for volunteers.
• Interpretation and intent of the Eastvale Municipal Code, understanding ‘letter of the law and spirit of the law’, common code violations to look for, processes CES uses to gain compliance.
• Training on any software volunteers will be assigned to use (i.e. VIMS, GoGov, MyEastvale).
• Volunteers will be expected to know and conduct their duties consistent with Eastvale’s purpose and values: We champion experiences that engage, excite, and elevate our commUNITY! With our..
Kindness – selfless concern for all Grit – passion and resilience in everything we do Solutions-Driven – courageous, creative, and collaborative results
COMMUNITY EMERGENCY RESPONSE TEAM (CERT) V OLUNTEERS
PURPOSE
The CERT Volunteer Program focuses on education, preparedness, and training for the community in the event of an emergency or disaster. CERT Volunteers support local law enforcement, fire, emergency medical services, and community public health efforts via the following steps.
• Taking personal responsibility: Developing a household preparedness plan and disaster supply kits, observing home health and safety practices, implementing disaster mitigation measures, and participating in crime prevention and reporting.
• Training: Taking classes in emergency preparedness, response capabilities, First Aid, CPR, fire suppression, and search and rescue procedures. • Volunteer service: Engaging in volunteer activities that support first responders, disaster relief groups, and community safety organizations. •
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ACTIVITIES
CERT Volunteer activities may include but are not limited to the following:
• Educate residents about disaster preparedness measures • Implement public education and outreach efforts
• Provide training to improve resident preparedness, prevention, and response capabilities
• Promote the importance of drills in the home, workplace, and school • Coordinate resident participation in community disaster response activities • Coordinate volunteer opportunities that support local efforts in mitigation, preparedness, response, and recovery
COMMITMENT
Members must be willing to commit to one hour per month to the CERT Volunteer Program. This can be accomplished by:
• Attending a monthly membership meeting
• Attending a monthly training meeting
• Participating in readiness training such as First Aid or CPR/Automated External Defibrillator (AED)
• Meeting with his/her family or neighbors to discuss disaster readiness
REQUIREMEN TS
In addition to the City of Eastvale volunteer guidelines, CERT Volunteers must have the following:
• Must be 18 years of age or older
• Complete free online training: FEMA IS 100 & 700 and Cal OES: SEMS • Complete CERT Training in person or online
• Live Scan background check.
• Receive and sign the Oath of Allegiance
RIVERSIDE COUNTY SHERIFF VOLUNTEER PROGRAM – JURUPA VALLEY
STATION
Eastvale Community Enhancement volunteers may also join the Riverside County Sheriff’s Department volunteer program and request to be assigned to only work in Eastvale. These volunteers, once approved and trained by the Sheriff’s Department, will conduct patrols, assist Deputies, and carry out other duties authorized by and within the policies and procedures of the Sheriff’s Department program. While performing such duties these volunteers wear the Sheriff’s Department authorized volunteer uniform and are under supervision and direction of the Sheriff’s Department.
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The City will provide RSO approved uniforms, meeting space, equipment storage facilities, and vehicles for the Eastvale assigned Sheriff volunteers. The Sheriff’s Department will provide training, radio communication, policies/procedures, and direct field supervision. Additional information about joining the Sheriff’s volunteer program can be found at www.riversidesheriff.org/261/Volunteer- Forces-Unit.
OTHER VOLUNTEER OPPORTUNITIES
The City may from time to time offer new volunteer opportunities. These may include internships, working at special events, assisting those with special needs, or other community needs. Requirements and commitments for these opportunities will be developed and included in future iterations of this manual.
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APPENDIX: FORMS & DOCUMENTS
VOLUNTEER APPLICATION
Applicant Information
Full Name: Gender: Male Female
Last First M.I.
Address:
Street Address Apartment/Unit #
City State ZIP Code
Phone: Alternate Phone:
Email: Date of Birth:
Do you have any prior felony convictions? YES NO
If yes, explain:
In case of an emergency while volunteering, please list someone we may call on your behalf:
Name: Relationship:
Phone: Alternate Phone:
Previous Experience
Volunteer Availability
Please list the hours you are available to volunteer for each day of the week:
For example: Tuesday
9 A.M. – 2 P.M.
Monday Tuesday Wednesday Thursday Friday Saturday
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Disclaimer and Signature
I certify that my answers are true and complete to the best of my knowledge. I understand that the City will conduct a review of my criminal history and may deny my participation in the volunteer program due to prior convictions. I If this application leads to my approval to volunteer, I understand that false or misleading information in my application or any subsequent interview may result in my dismissal from the volunteer program.
Signature: Date:
Authorization of Treatment
In connection with any injury I may sustain, or illness or other medical conditions I may experience during my participation as a volunteer, I do hereby authorize and consent to any emergency first aid, medication, medical treatment or surgery deemed necessary by attending medical personnel if I am not able to act on my own behalf. I further authorize the attending medical personnel to execute on my behalf any permission forms, consents, or other appropriate documents relating to me dical attention and to act on my behalf if I or my parent or guardian is not able or immediately available to do so. I authorize The City of Eastvale and/or any California Hospital as agents for the undersigned to consent, in advance of any specific diagnosis, to any x-ray examination, anesthetic medical or surgical diagnosis or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of any physician and surgeon licensed under the provisions of the Medical Practice Act on the medical staff of any California Hospital, whether such diagnosis or treatment is rendered at the office of said physician or at said hospital. This authorization shall remain effec tive until revoked in writing . I will not hold the City of Eastvale responsible for any damage arising from any injury that might be received while participating in activities of the City of Eastvale, as set out more fully in the signed Volunteer Waiver being submitted with this application .
Signature: Date:
Name and Likeness Release
In further consideration of participation in the City of Eastvale volunteer programs, I agree that the City of Eastvale and its officers, agents, or employees may use my appearance, name, and likeness in connection with my participation in any City of Eastvale publication, including news release, without my prior consent. I further agree that I am not entitled to any compensation for such use of my appearance, name, and likeness.
Signature: Date:
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VOLUNTEER WAIVER
I, on behalf of myself, hereby acknowledge that I have voluntarily applied to participate in performing Volunteer services ("Services") for the City of Eastvale. I am voluntarily participating in the Services with the knowledge that there is a risk that I may be injured while I do so, and I freely and voluntarily expressly assume all the risks of participating in the Services. I understand that the City of Eastvale's policy is to cover volunteers as employees of the City of Eastvale for purposes of Worker' Compensation benefits. I also understand that under Workers' Compensation laws, Workers' Compensation benefits will be my sole and exclusive remedy in the event I am injured while participating in the Services.
In consideration of my participation in the Services, I hereby release and hold harmless on my behalf and on behalf of my heirs, guardians, legal representatives and assigns, the City of Eastvale, its elected officials, officers, employees, contractors, and agents from any and all liability of any kind or nature for injuries to persons or property, including death, arising from or in connection with my participation in the Services, that this waiver and release is applicable even though the actively or passively negligent activities of the City of Eastvale may have caused or contributed to the injuries suffered.
I also certify that I am physically fit and in proper physical condition to participate in the Services and have not been advised otherwise by a qualified medical person. Lastly, I agree to accept and abide by the rules and regulations of the City of Eastvale while participating in the Services.
Signature: Date:
____________________________________
Printed Name
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VOLUNTEER PROGRAM RISK MANAGEMENT CHECKLIST
Volunteer Name: _______________________________________________________
Anticipated Dates of Volunteer Service: _____________________________________
[ ] Volunteer Application Completed [Date: _________ ]
[ ] Volunteer Agreement Signed [Date: _________ ]
[ ] Volunteer Acknowledgment of Worker's Compensation Signed [Date: ________ ]
[ ] Volunteer Waiver and Release Signed [Date: ________ ]
[ ] Volunteer Service Statement Signed [Date: _________ ]
[ ] Volunteer Manual Provided to Volunteer [Date: ________ ]
[ ] License Verification Obtained [Date: ________ ]
[ ] Certification Verification Obtained (copy attached) [Date: ________ ]
[ ] Health/Physical Issues Addressed and Reviewed (medical notes/records attached, if necessary) [Date: _______ ]
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VOLUNTEER PROGRAM MINOR (AGES 15-17) A PPLICATION
Name: __________________________________________________________
Address: _________________________________________________________
City: ___________________________ State: ________ ZIP: ____________
Phone: ________________ Date of Birth (Month/Day/Year): ______________
Names of Parents or Guardians: ______________________________________
Parents' or Guardians' Daytime Phone: _________________________________
Emergency Contact: _____________________ Phone: __________________
Have you ever been convicted of a violation or attempted violation of Section 243.4 of the Penal Code, a sex offense against a minor, or of any felony, which requires registration pursuant to Section 290 of the Penal Code? ______ Yes _____ No
School: ________________________________ Grade: __________________
Career Interests:
________________________________________________________________
________________________________________________________________
Special Skills, Talents and Languages:
________________________________________________________________
________________________________________________________________
________________________________________________________________
How did you become interested in the volunteer program?
________________________________________________________________
________________________________________________________________
Assignments Preferred: _____________________________________________ 369
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________________________________________________________________
Previous Volunteer Experience: _______________________________________
________________________________________________________________
Other Applicable Experience: _________________________________________
________________________________________________________________
Hours Available:
Sunday _______________ Monday _____________ Tuesday _____________
Wednesday ___________ Thursday ____________ Friday _______________
Saturday ______________
Do you have any limitations related to health or physical ability? If so, please explain:
________________________________________________________________
________________________________________________________________
Applicant Signature: _____________________________ Date: ___________
Parent or Guardian Signature: ______________________ Date: ___________
Completion of the Remainder of this Form is Optional
Volunteers are recruited and selected on their interests, skills, knowledge and abilities.
A diverse corps of volunteers is both necessary and desirable. The program office uses the following demographic information to meet diversity goals.
Please Check One:
_____ Black (Not Hispanic) _____ White (Not Hispanic) _____ Hispanic
_____ American Indian or Alaskan Native ____ Asian or Pacific Islander
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Once this resolution is adopted, it will be added to the manual.
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, PROVIDING WORKERS ' COMPENSATION COVERAGE
FOR CERTAIN CITY VOLUNTEERS PURSUANT TO THE PROVISIONS
OF SECTION 3363.5 OF THE LABOR CODE.
WHEREAS, the City of _______________ finds its best interest will be served by utilizing volunteers in the provision of certain government services; and
WHEREAS, said volunteers should be eligible for workers ' compensation coverage while on duty;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eastvale does hereby:
1. Find and determine that the public interest in best served by providing workers' compensation coverage for City volunteer workers as specified by the City Manager; and
2. Provide eligibility for said volunteers for workers ' compensation benefits which will be applicable during the time the person act ually performs volunteer services, provided, however, that the rights of volunteers shall be limited as set forth in the Labor Code.
PASSED, APPROVED AND ADOPTED THIS ______ day of _____________, 20___.
____________________________________
Mayor
ATTEST:
_________________________
City Clerk
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VOLUNTEER PROGRAM ACKNOWLEDGEMENT OF WORKERS ' COMPENSATION
I hereby acknowledge that as a volunteer for the City of Eastvale in the capacity of _________________________ , I am not an employee of the City of Eastvale, but that I am covered under the City of Eastvale's workers' compensation plan since the City of Eastvale has adopted a resolution extending workers' compensation coverage to certain volunteers in specified categories pursuant to Labor Code Section 3363.5.
As a volunteer who is covered under the City of Eastvale's workers' compensation plan, I expressly agree and acknowledge that workers' compensation is my exclusive remedy for any injury suffered while performing said volunteer duties, and that I cannot and will not seek to bring any other claim or actions of any type whatsoever against the City of Eastvale, its employees, officers, agencies, other volunteers and officials.
Date: _________________
Signature: ______________________________________
Print Name: _____________________________________
Parent or Guardian Signature (if minor):
______________________________________________
Witness: _____________________________
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VOLUNTEER PROGRAM TIME SHEET
Name: __________________________________ Supervisor: _________________ Assignment: ________________________ Department: _____________________ Month: ____________________
Enter the total number of volunteer hours worked for each day. Total all hours worked in each week and enter them in the "Total" column.
Mon Tues Wed Thurs Fri Sat Sun Total
Week 1
Week 2
Week 3
Week 4
Week 5
Volunteer Signature:______________________________ Date: ________________
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VOLUNTEER PROGRAM EXPENSE CLAIM FORM
Volunteer: _______________________________ Supervisor: _________________ Assignment: ________________________ Department: _____________________
Date of Expense Description of Expense Amount
Volunteer Signature:_______________________ Date: ______________________ Supervisor Signature: ______________________ Date: ______________________ Charge Account: _________________________ Date Paid: __________________
Attach Receipts for all Listed Expenses
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VOLUNTEER PROGRAM VOLUNTEER REQUEST FORM
Department: __________________________________________________________
Contact for Volunteer Position: ____________________________________________
Phone: _________________________
Email: _______________________________________________________________
Person Completing this Form: _____________________________________________
Check one:
___ Long-Term Volunteer ____ Short-Term Volunteer ____ Group Volunteer Project
Brief Job Description:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Volunteer's Position Title:
_____________________________________________________
Volunteer will be Supervised by:
_____________________________________________________
Will the volunteer supervisor be readily available to the volunteer? ____ Yes ____ No
Start Date: ______________________ Finish Date: _________________________
Location of Volunteer Assignment:
_____________________________________________
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1. What will the volunteer be doing? Please be as clear as possible and list the activities. NOTE: You may attach your own job description for Question 1; however, Questions 2 through 12 must be completed on this form.
[Sample job descriptions are available through the Talent Attraction and Development Department]
2. What are the minimal qualifications/skills needed for the volunteer position?
3. What orientation and training will the volunteer receive?
4. Will the volunteer supervise anyone else? ____ Yes ____No If yes, please explain:
5. Number Requested: ______ Minimum Hours: _______ Per (period): __________
Weekday
__ Mornings
__ Afternoons
__ Evenings
Saturday
__ Mornings
__ Afternoons
__ Evenings
Sunday
__ Mornings
__ Afternoons
__ Evenings
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Schedule details: _________________________________________________
6. Is this position appropriate for individuals who have been assigned community service through the Department of Corrections for low-level offenders? ____ Yes ____ No
7. This Project Is Appropriate For:
__Individuals __Groups __Adults __Youth __Families
Minimum Age: __________
8. Is free parking available? ____ Yes ____ No
If not, what is the cost? ____________
9. Will the volunteer report to a location on a bus route? ____ Yes ____ No
How far is it to the closest bus stop? ______________________
10. If the volunteer is there over mealtime, will a meal be provided at no charge? ____ Yes ____ No
11. Is this site accessible to people with disabilities? ____ Yes ____ No
Please list any difficult areas (e.g.: narrow hallways, stairs, no elevator, uneven walkways, long walks, non-accessible bathrooms, lifting, carrying, computer work, transportation, etc.):
__________________________________________________________________
__________________________________________________________________
12. What screening procedures are required for the volunteer applying for this position? ____ Background Check
____ Auto Insurance Verification
____ Driver's License Verification
____ DMV Report
____ References
____ Other (Please Specify):
__________________________________________________________________
__________________________________________________________________
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VOLUNTEER PROGRAM VOLUNTEER AGREEMENT
The City of Eastvale gratefully accepts ________________ into its volunteer program.
The Talent Attraction and Development Department will do its very best to make the volunteer's experience productive, fun and rewarding. To that end, this agreement addresses the commitments made by the City of Eastvale and the volunteer.
The Talent Attraction and Development Department commits to the following:
• To provide training and support for the volunteer so that he or she may be confident in the assignment.
• To provide diligent guidance, supervision, and feedback on performance. • To respect the skills, individual needs, and dignity of the volunteer. • To be receptive to comments and suggestions from the volunteer. • To treat the volunteer as an equal co-worker with paid staff, jointly responsible for the completion of the City of Eastvale's mission.
The volunteer commits to the following:
• To perform assigned duties to the best of their ability, and to inform the City of Eastvale if changes in his or her situation or health would interfere with the safe and timely performance of these duties.
• To adhere to City of Eastvale rules, policies and procedures, including recordkeeping and confidentiality of City of Eastvale and client information.
• To meet time and duty commitments, or to provide adequate notice so that alternative arrangements can be made.
Agreed to:
Volunteer: _________________________________________ Date: ______________
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VOLUNTEER PROGRAM VOLUNTEER SERVICE STATEMENT
In performing the service specified in my volunteer job description, I acknowledge:
• I have attended the City of Eastvale's volunteer onboarding and have been given a copy of the Volunteer Manual, which includes a volunteer handbook, my job description, policies and procedures and safety information.
• I have acquainted myself with what is required to perform my tasks and represent that I have the skill and ability to perform them and know of no reason, medical or otherwise, which would prevent me from performing the tasks required.
• I will adhere to the safety training provided by the supervisor and assume full responsibility for my own safety.
• I will perform my volunteer service in compliance with the standards and specifications established for my position.
Volunteer’s Signature: _____________________________ Date: ______________
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VOLUN TEER PROGRAM PERFORMANCE REVIEW
Name: ________________________________________ Date: ________________ Assignment: ___________________________________________________________ How many hours has the volunteer worked in this assignment? ___________________ Check the level which best describes the volunteer’s performance:
Excellent Good Fair Poor
Dependability ____ ____ ____ ____
Ability to Perform Duties ____ ____ ____ ____
Quality of Work ____ ____ ____ ____
Initiative ____ ____ ____ ____
Attitude Toward Job ____ ____ ____ ____
Attitude Toward Others ____ ____ ____ ____
Overall Suitability for the Job ____ ____ ____ ____
Comments:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Prepared by: ___________________________________ Date: ________________ Volunteer’s Signature: ___________________________ Date: ________________
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RESOLUTION NO. 22-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING ITS 2021-22 FISCAL BUDGET FOR THE EASTVALE COMMUNITY
ENHANCEMENT VOLUNTEER PROGRAM
WHEREAS, the budget for fiscal year 2021-22 of the City of Eastvale has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and
WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and transfers, without the consent of the City Manager; and
WHEREAS, the City Manager may transfer appropriations, between accounts, departments, programs, and funds, as long as those appropriations do not exceed the grand total budget approved by Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. AUTHORIZE AN APPROPRIATION IN THE GENERAL FUND, ACCOUNT NUMBERS 100-301-6170 IN THE AMOUNT OF $2,000.00; 100-301-6240 IN THE AMOUNT OF $800.00; 100-301-6376 IN THE AMOUNT OF $600.00; 100-301-6510 IN THE AMOUNT OF $4,500; AND 100-301-6330 IN THE AMOUNT OF $500.00 FOR THE EASTVALE COMMUNITY ENHANCEMENT VOLUNTEER PROGRAM.
PASSED, APPROVED AND ADOPTED this 27th day of April, 2022. __________________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
381
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 22-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 27 th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
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RESOLUTION NO. 22-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA,
AUTHORIZING ACCESS TO STATE AND FEDERAL LEVEL SUMMARY CRIMINAL
HISTORY INFORMATION FOR EMPLOYMENT (INCLUDING VOLUNTEERS) WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities, counties, districts, and joint powers authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties, districts, and joint powers authorities to access federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the city council, board of supervisors, governing body of a city, county or district, or joint powers authority to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes.
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY OF EASTVALE IS HEREBY
AUTHORIZED TO ACCESS STATE AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY
INFORMATION FOR EMPLOYMENT (INCLUDING VOLUNTEERS) PURPOSES AND MAY NOT DISSEMINATE THE INFORMATION TO A PRIVATE ENTITY.
PASSED, APPROVED AND ADOPTED this XX day of Month, 2022. __________________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
383
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 22-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the XX day of Month 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
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AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 13.3
April 27, 2022
Agreement for Business Incen,ve Loan Program with Bushfire Eastvale Inc. DBA Bushfire Kitchen in the amount of $100,000 Prepared By:
Miguel Ramirez-Cornejo, Senior Management Analyst
Recommended Action(s)
Staff recommends the the City Council Approve Business Incen ve Loan Program Agreement with Bushfire Eastvale Inc. DBA Bushfire Kitchen for $100,000 from the Business Incen ve Loan Program and authorize the Interim City Manager to execute the Agreement and take any other ac ons necessary to implement the Agreement.
Summary
Bushfire Eastvale Inc. DBA Bushfire Kitchen requested $100,000 from the Business Incen ve Loan Program.
Bushfire Kitchen is eligible to par cipate in the Business Incen ve Loan Program mee ng the criteria of Premium Casual restaurant and being a sales tax genera ng business that is new to Eastvale as determined by the Business Incen ve Loan Commi1ee on June 3, 2021. The restaurant offers a contemporary design with a full bar community dining, individual booths and tables. Bushfire will feature an indoor/outdoor bar and patio with heaters for customers to enjoy.
On February 24, 2022 the Business Incen ve Loan Commi1ee recommended a loan amount of $100,000 with the appropriate collateral to protect the City of Eastvale from a poten al loss. The loan of $100,000 is forgivable a:er 5 years and no payments are due as long as the business submits to the City a fiscal year-end balance sheet and income statement within ninety (90) days of the end of each fiscal year, and shall submit payroll reports showing employee status on a quarterly basis.
City may request any other financial informa on from Par cipant during the Term, as deemed 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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appropriate by City, to monitor Participant's credit and ability to repay the Forgivable Loan.
Background
The Business Incen ve Loan supports the a1rac on of fine dining and premium casual restaurants to enhance the culinary choices and op ons of Eastvale. In summer 2018 staff presented findings from the Community Sa sfac on Survey that the City does not have any fine dining or premium casual restaurants. The desire for fine dining and premium casual restaurants by residents was reiterated in the January 2021 scien fic Community Sa sfac on Survey and was discussed and prioritized in both the 2018 and 2021 City Council Strategic Plans.
The par cipa on period of the me for program compliance and fund forgiveness/repayment is 5 years.
Environmental
Approval of a loan is not a project under the California Environmental Quality Act (CEQA) and no further environmental review is required.
Strategic Plan Action - Priority Level: 1
| Target #: 2
| Goal #: 1
Attract and Retain Business
Fiscal Impact
Funds for the Business Incen ve Program have been budgeted and are available in general fund account number 100-301-6423.
It is projected that Bushfire Kitchen will produce $105,200 in sales tax revenue within the first four years of business, which will produce a 100% return on investment in year four.
Prior City Council/Commission Action
On July 24, 2019 City Council approved the Business Incentive Loan Program.
Attachment(s)
Attachment 1 - Business Incentive Loan Agreement_041422
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AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 13.4
April 27, 2022
Rescind Agreement for Community Development Block Grant (CDBG) Job Crea3on and Business incen3ve Loan Program with Precision Partners LLC, DBA Jinya Ramen Bar and Approve General Fund Business Incentive Loan Agreement
Prepared By:
Miguel Ramirez-Cornejo, Senior Management Analyst
Recommended Action(s)
Staff recommends that the City Council:
1 .
Rescind Agreement for CDBG Job Crea$on and Business Incen$ve Loan with Precision Partners LLC, DBA Jinya Ramen Bar; and
2 .
Approve Agreement for General Fund Business Incen$ve Loan with Precision Partners LLC, DBA Jinya Ramen Bar.
Summary
On March 10, 2021 the City of Eastvale and Precision Partners LLC, DBA Jinya Ramen Bar entered into a CDBG Job Crea$on and Business Incen$ve Loan Agreement in the amount of $75,000. Due to the Loan being funded through the City CDBG allotment from Riverside County staff contacted Riverside County CDBG administra$on to begin the process of reimbursement. In July 2021 Riverside County CDBG staff informed City staff that a Supplemental Agreement and Incur Cost Le5er were never executed by the City, County, and HUD and that the loan cannot be reimbursed.
HUD, County and City staff met mul$ple $mes to discuss why the documents have not been executed and to understand why City staff was not informed of the missing documents prior to City 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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entering into loan agreement with Precision Partners, LLC. City staff has made every a5empt to with with Riverside County to resolve the issue and execute all necessary documents. Unfortunately, on February 08, 2022 in a mee$ng with County, City and HUD staff City was informed by HUD that because a loan was issued without the proper documenta$on in place with Riverside County that the City cannot reissue a new loan or grant to Precision Partners using CDBG funds.
The Business Incen$ve Ad Hoc Commi5ee recommended approval of the General Fund loan on February 24, 2022.
A detailed timeline is included as Attachment A.
Background
On July 2019, the City Council approved the crea$on of the CDBG Job Crea$on and Business Incen$ve Loan Program and the Riverside County Board of Supervisors approved the program as part of an amendment to the 2019-2024 Five Year Consolidated Program. Once approved from City Council and Riverside County Board of Supervisors, staff began to recruit restaurants for this program.
The City worked with Precision Partners, LLC DBA Jinya Ramen Bar to meet all necessary requirements to enter into a Loan agreement. City staff consulted with Riverside County Staff to ensure that all necessary requirements have been met to issue a loan to the business. City staff received verbal confirma$on from County staff that all requirements have been met and that no addi$onal steps were necessary. On April 14, 2021 the City issued a check to Jinya Ramen Bar in the amount of $75,000 as approved by Council on March 10, 2021. The loan was issued from the city's CDBG allotment for the business incentive loan program.
AEer a check was issued to Jinya Ramen Bar, City staff contacted Riverside County to begin the reimbursement process. Upon request for reimbursement City staff was no$fied that documents are missing and the loan cannot be reimbursed due to a Supplemental Agreement and Incur Cost Le5er not being executed between the City and County. City staff scheduled mee$ngs between Riverside County and Housing and Urban Development (HUD) staff to discuss why the City was not no$fied that these documents were missing prior to City staff issuing Loan to Precision Partners, LLC.
In an effort to correct the Loan to meet Riverside County requirements for CDBG loan agreement City staff meet with Riverside County and HUD staff on two occasions. On September 23, 2021 a mee$ng was held between City, County, and HUD at that $me HUD representa$ve that the best path forward is to dissolve the loan program and create a grant program. This would require Jinya Ramen Bar to repay the loan in order to receive a CDBG grant. City staff confirmed the process with both Riverside County and HUD staff. As a follow up City staff asked for another mee$ng with County and HUD staff. A new HUD staff member was present and informed City staff that the City that the City cannot pull back the Loan and reissue a new CDBG loan or grant due.
Although the loan to Jinya Ramen Bar was ini$ated under the CDBG requirements with the CDBG funding source, Riverside County will not reimburse the city for the loan. As a result, the loan must be reissued under the General Fund Business Incen$ve Loan Program. Changing the loan program from the CDBG Business Incen$ve Loan to the General Fund Business Incen$ve loan will update the documents and agreements to reflect the program the loan is issued under and expand the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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forgiveness from three years to five years.
Environmental
Approval or transfer of a loan is not a project under the California Environmental Quality Act (CEQA) and no environmental review is required.
Strategic Plan Action - Priority Level: 1
| Target #: 2
| Goal #: 1
Attract and Retain Business
Fiscal Impact
Adequate funding to convert the loan from the CDBG Loan Program to the General Fund Business Incen$ve Loan Program is available in account number 100-301-6423. Currently, the loan will show as a receivable due to the city in a liability account on the city's General Fund balance sheet; this entry was completed at the end of the 2020-21 fiscal year in order to meet audit requirements. If the applicant meets the city's requirements and the loan is forgiven, the city will expense the loan at that time.
Prior City Council/Commission Action
March 10, 2021 City Council approved the CDBG Job Crea$on and Business Incen$ve Loan agreement with Precision Partners, LLC DBA Jinya Ramen Bar July 24, 2019 City Council approved the CDBG Job Creation and Business Incentive Loan Program
Attachment(s)
Attachment 1 - CDBG Timeline with Riverside County CDBG staff
Attachment 2 - Business Incentive Loan Agreement (General Fund)
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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CDBG Timeline with Riverside County CDBG staff
Early 2019: City creates CDBG Job Creation and Business Incentive Loan Program policies with County assistance
05/19/2019 City sent County a letter signed by City Manager Jones to authorize the program as a project for the 2018-19 funding year
09/10/2019: County Board approval of Eastvale’s CDBG Job Creation and Business Incentive Loan Program as an amendment to the 2019-2024 Five Year Consolidated Plan 12/11/2019: Council approval of CDBG Job Creation and Business Incentive Loan Program as a CDBG 2020-21 project and Program Application for 2020-21 12/09/2020: Council approval of an amendment to the cooperation agreement with County CDBG program for fiscal years 2021-2023
12/09/2020: Council approval of selection of CDBG projects for 2021-22 and Program Application for 2021-22
06/24/2020: Council approval of cooperative agreement for fiscal years 2020-2024 and adopt resolution authorizing participation in the County led CDBG program 11/18/2020 Business Incentive Loan subcommittee approved Jinya Ramen Loan Feb 2021: Loan agreement and term sheet drafted for Jinya Ramen 02/08/2021: Verbal confirmation from Susana Orozco that the city does not need to complete any additional requirements or agreements.
03/10/2021: Council approval of Jinya Ramen CDBG Job Creation and Business Incentive Loan for $75,000
04/14/2021: Cash disbursement to Jinya Ramen
July 2021 City requests reimbursement informally with County staff for Jinya Ramen loan July 2021 County informs City that documents are missing and loan cannot be reimbursed o County never created Supplemental Agreement signed by HUD, County, and City o County never issued Incur Cost Letter, which signifies that the City can issue loans 09/15/2021: Meeting with County and HUD – County never sent invitation to City employees o Luis met with County (Michael Walsh and Susana Orozco) and HUD o Informed the City that the loan to Jinya Ramen cannot be reimbursed City never received a Supplemental Agreement or Incur Cost Letter from City o City can change the loan program to a grant program
09/23/2021: Meeting with County and HUD
o Luis, Miguel, Gina, and Amanda with County Deputy Director Michael Walsh, Susana Orozco, and Moises Carillo from HUD
o Informed the City that because a Supplemental Agreement and Incur Cost Letter were never issued, the loan to Jinya Ramen cannot be reimbursed o Informed the City that the best path forward is to dissolve the loan program and create a grant program
o Jinya Ramen loan can be changed to a grant after the new program is approved Jinya Ramen would need to repay the loan in order to receive a CDBG grant o Process confirmed as:
Create policies for new program
Obtain Council approval for program
Obtain County Board approval for program
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City sends County a letter indicating the program as a project for a particular funding year
County sends City the Supplemental Agreement between HUD, the County, and City
County issues Incur Cost Letter
City can issue grants
Once grant is issued, City requests reimbursement from County 02/08/2022: Meeting with County and HUD
o Luis, Miguel, Erica, and Amanda with County Rep Susana Orozco, and Geoffrey Gilbert from HUD
o Geoffrey suggested that:
The City has to maintain a maintenance of effort on the Jinya Loan City cannot pull back Jinya (now-general-fund-loan) and re-issue as a CDBG grant
This would invalidate the maintenance of effort
The County is responsible for setting requirements that the City would have to maintain and clarify within policies
This is different than what the County has previously stated – the County has a tendency to direct us back to HUD for policy requirements 415
1 BUSINESS INCENTIVE LOAN AGREEMENT
(General Fund)
This BUSINESS INCENTIVE LOAN AGREEMENT (“Agreement”) is entered into on this 27 day of April, 2022 by and between THE CITY OF EASTVALE (the "City") andPRECISION PARTNERS RESTAURANTS LLC (referred to herein as “Participant"). City and Participant agree as follows:
1. SUBJECT OF AGREEMENT
1.1 Purpose of the Agreement
City has established a Business Incentive Loan Program to provide financial assistance in the form of a forgivable loan to qualifying businesses to promote business expansion and attraction in the City. The purpose of this Agreement is to provide Participant with a forgivable loan under the Business Incentive Loan Program and consistent with the City’s adopted Business Incentive Loan Policy.
City and Participant previously executed a CDBG Job Creation and Business Incentive Loan Agreement on __________, 2021, a Promissory Note for said loan, and a Guaranty of Note and a Security Agreement for said loan. This Agreement supersedes the CDBG Job Creation and Business Incentive Loan Agreement, and the Promissory Note, Guaranty of Note and Security Agreement executed by Participant for this Agreement shall supersede the Promissory Note, Guaranty of Note and Security Agreement executed in conjunction with the CDBG Job Creation and Business Incentive Loan Agreement.
1.2 The Site
The "Site" is the real property at 12768 Limonite Avenue, Suite 101, Eastvale, California, in which Participant is located and operates its business.
1.3 Parties to the Agreement
1.3.1 City
City is a municipal corporation organized and existing under the laws of the State of California. The principal office of City is located at 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752.
1.3.2 Participant
Participant is a California limited liability company with a principal place of business located at 12768 Limonite Avenue, Suite 101, Eastvale, California.
1.4 Prohibition Against Change in Ownership Management and Control of Participant The qualifications and identity of Participant and Participant’s business are of particular concern to City. It is because of those qualifications and identity that City has entered 416
2 into this Agreement with Participant. No voluntary or involuntary successor in interest of Participant shall acquire any rights or powers under this Agreement except as expressly set forth herein. Any change in ownership, management and control shall be subject to the approval of the City, but such approval shall not be unreasonably withheld. Participant shall not assign all or any part of this Agreement without the prior written approval of the City, which written approval shall not be unreasonably withheld.
1.5 Term
The term of this Agreement shall commence upon the full execution of this Agreement by the Parties and shall end on March 10, 2026 (“Term”).
2. FORGIVABLE LOAN
2.1 Forgivable Loan to Participant
City shall loan to Participant the sum of seventy-five thousand dollars ($75,000.00) (the "Forgivable Loan") which shall be subject to the following terms related to its use, security, and repayment:
2.1.1. The Forgivable Loan shall be evidenced by a promissory note (the “Promissory Note”) in substantially the form attached hereto as Attachment No. 1 and incorporated herein by reference. The Forgivable Loan shall also be secured by the written personal guarantee of Dipti J. Pandit, Mukunk H. Jiyani, and Radha Patel (herein referred to as the “Personal Guarantee”) in substantially the form attached hereto as Attachment No. 2 and incorporated herein by reference, and the grant of security interest in specified collateral in substantially the form attached hereto as Attachment No. 3 and incorporated herein by reference.
The City Manager is authorized to disburse such funds upon (1) Participant's delivery of the Promissory Note executed by Participant's authorized representative(s); (2) Delivery to the City of signed personal guarantee; and (3) Participant’s delivery to City of a UCC-1 financing statement for all business equipment and inventory at the Site securing the Promissory Note executed by Participant.
2.1.2. The Forgivable Loan shall only be used for the Eligible Activities as described Section 3. Participant shall maintain such records as are necessary and convenient for City to verify that the use of the Forgivable Loan is in accordance with this section 2.1.2 and section 3.
2.1.3 Interest shall accrue on the principal balance of the Forgivable Loan at the rate provided for in the Promissory Note.
2.1.4 The principal balance of the Forgivable Loan, and all interest accrued thereon, shall be forgiven in its entirety at the end of the Term provided that Participant is not in default of this Agreement or has been provided notice of breach of this Agreement by City and said breach is uncured, as provided in Section 5 of this Agreement.
2.2 Participant Payments to City
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3 If Participant should cease business at the Site, Participant shall repay, in cash, the balance due on the Promissory Note, in that amount as set forth in the Promissory Note, within fifteen (15) days following Participant's receipt of written notification from the City to repay the balance due on the Promissory Note. The term "cease business" shall mean when the Site is no longer used as the principal place of business for Participant's restaurant business or the Site is vacant for two (2) weeks or Participant is not operating the business at its previously established hours. Participant shall give City written notice not less than thirty (30) days prior to cessation of business. “Cease business” shall not include any reduction in operating hours or dine-in or take- out services made by Participant to comply with federal, state or local public health orders.
3. ELIGIBLE ACTIVITIES
3.1 Eligible Activities Defined
In accordance with the City’s Business Incentive Loan Policy, the loan proceeds may be used for interior and/or exterior leasehold improvements, purchases of business equipment, furniture, and fixtures, and working capital (collectively, “Eligible Activities.”).
3.2 Costs of Construction, Prevailing Wage and Indemnification Participant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If Participant utilizes City forgivable loan proceeds for a “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more Participant agrees to fully comply with such Prevailing Wage Laws.
City shall provide Participant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Participant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the work available to interested parties upon request, and shall post copies at the Participant’s principal place of business and at the project site. Participant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Participant shall indemnify, defend and hold harmless the City of Eastvale, and its respective directors, officers, officials, employees, volunteers and agents (collectively the “Indemnified Parties”) from any claims, actions, damages, penalties, costs, expenses, liability, loss, injury or other liabilities of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Participant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the work or Participant’s activities or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney’s fees and other related costs and expenses.
3.3 Bodily Injury and Property Damage Insurance.
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4 Participant shall obtain and maintain such liability insurance as the City may require which shall protect Participant and City from claims for such damages. The insurance required by this Agreement shall include a commercial general liability policy with policy limits of not less than Two Million Dollars ($2,000,000.00) combined single limit, including contractual liability. Such insurance shall be maintained until the repayment by Participant of City's Forgivable Loan or total forgiveness of the Forgivable Loan, as more particularly set forth in the Promissory Note (defined herein). City may terminate this Agreement and demand payment of all amounts outstanding due under the Promissory Note (defined herein) if the above insurance is not maintained.
Participant shall furnish an original certificate of insurance countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. This countersigned certificate for the liability policies named above shall name the Indemnified Parties as additional insureds under the policy. The certificate by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City by certified mail of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by Participant shall be primary insurance and not contributing with any insurance maintained by City or the CDC, and the policy shall contain such an endorsement. The insurance policy or the certificate of insurance shall contain a waiver of subrogation for the benefit of City and CDC. The required certificate shall be furnished by Participant within ten (10) days following City’s execution of this Agreement.
3.4 City and Other Governmental City Permits.
Before commencement of construction or development of any buildings, structures or other work of improvement upon the Site, Participant shall secure or cause to be secured any and all permits which may be required by City or any other governmental agency affected by such construction, development or work. City shall provide all proper assistance to Participant in securing these permits, including but not limited to coordination with all on-site and off-site building plans submitted to any public entity or public utility by Participant.
3.5 Non-discrimination
Participant and any contractor or sub-contractor of Participant must not discriminate against any person or deny benefits on the basis of race, color, religion, ethnic or national origin, sex, or on the basis of age or with respect to an otherwise qualified handicap or status.
4. USE OF THE SITE
4.1 Permitted Uses
The Site shall be used and operated by Participant only for restaurant related operations, and related uses and Participant shall not cease business as described in Section 2.2 herein.
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5 4.2 Maintenance of the Site
Participant shall maintain the improvements on the Site and shall keep the Site free from any accumulation of debris or waste materials and shall remove any graffiti within 24 hours.
5. DEFAULTS, REMEDIES AND TERMINATION
Subject to the extension of time set forth in Section 6.3, failure or delay by either party to perform or comply with any term or provision of this Agreement constitutes a breach of this Agreement. The injured party shall give written notice of breach to the party in breach, specifying the breach complained of by the injured party. Delay in giving such notice shall not constitute a waiver of any breach. The party in breach shall cure the breach within thirty (30) days of the date of the written notice unless the parties agree to a longer period of time in writing. If the party in breach does not cure the breach within thirty (30) days or such other stipulated time period the parties agree to, the party in breach shall be in default of this Agreement.
In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in any other appropriate court in that county, or in the United States District Court in the Central District of California.
6. GENERAL PROVISIONS
6.1 Notices, Demands and Communications Between the Parties Formal notices, demands and communications between the City and the Participant shall be sufficiently given if in writing and personally delivered or sent by overnight courier (e.g. Federal Express), or by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the City and the Participant, as designated in Section 1.3.
Such written notices, demands and communications may be sent in the same manner to such other addressees as either party may from time to time designate by mail as provided in this Section.
Any written notice, demand or communication shall be deemed received immediately if delivered by hand and shall be deemed received on the fifth day from the date it is postmarked if delivered by registered or certified mail.
6.2 Non-liability of City Officials and Employees
No member, official or employee of City shall be personally liable to Participant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Participant or successor or on any obligations under the terms of this Agreement.
6.3 Enforced Delay: Extension of Times of Performance
420
6 In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrections; strikes; lock-outs; riots, floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; pandemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation (including unlawful detainer actions and condemnation actions); unusually severe weather; inability to secure necessary labor, materials and tools; delays of any contractor, subcontractor or supplier; acts of the other party; acts or failure to act of the City or any other public or governmental entity (other than that acts or failure to act of City shall not excuse performance by City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by City and Participant.
6.4 Approvals
Approvals required of City or Participant under this Agreement shall be in writing and shall not be unreasonably withheld or delayed.
7. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS
This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement, including the Attachments thereto, constitutes the entire understanding and agreement of the parties. The parties acknowledge and agree that at all times they have intended that none of the preliminary negotiations concerning this transaction would be binding on either party, and that they would be bound to each other only by a single formal comprehensive document containing this paragraph and all of the agreements of the parties, in final form, which has been executed and delivered by City and Participant. The parties acknowledge that none of the prior oral agreements between them (and none of the representations on which either of them has relied) relating to the subject matter of this Agreement shall have any force or effect whatever, except as and to the extent that such agreements and representations have been incorporated in this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of City or Participant, and all amendments hereto must be in writing and signed by the appropriate authorities of City and Participant.
8. TIME FOR ACCEPTANCE OF AGREEMENT BY CITY
This Agreement, when executed by Participant and delivered to the City, must be authorized, executed and delivered by City within thirty (30) days after date of signature by Participant or this Agreement shall be voidable, upon notice in writing from Participant. The date of this Agreement shall be the date when the Agreement shall have been signed by City.
IN WITNESS WHEREOF, City and Participant have executed this Agreement as of the dates set opposite their signatures.
CITY OF EASTVALE
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7 ___________________________
Henry Garcia
Acting City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk
APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
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8 PRECISION PARTNERS RESTAURANT LLC
Date: _______________________ ___________________________________ Radha Patel, President
Date: _______________________ ___________________________________ Dipti J. Pandit, CFO
Date: _______________________ ___________________________________ Mukund H. Jiyani, Secretary
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9 ATTACHMENT NO. 1
PROMISSORY NOTE
$75,000.00 April 27, 2022
EASTVALE, California
1. For value received, PRECISION PARTNERS RESTAURANT LLC, ("MAKER”), promises to pay to CITY OF EASTVALE ("CITY"), or order, at EASTVALE, California, the principal sum of Seventy-Five Thousand Dollars ($75,000.00) with interest on the amounts of principal remaining from time to time unpaid, until said principal sum is paid, at the rate of ten percent (10%). Interest which accrues and is unpaid shall be added to principal on a monthly basis and thereafter bear interest as if it were part of principal. Principal and all accrued and unpaid interest shall be due and payable in lawful money of the United States of America not later than five (5) years following the date of this Note.
2. This Note is made pursuant to that Business Incentive Loan Agreement (the “Agreement”), between MAKER (as the “Participant” therein) and the CITY datedApril 27, 2022, which Agreement is incorporated by reference and the terms of this Note shall be construed in accordance with the Agreement. Any default by Participant under the Agreement shall be deemed to be a default of this Note.
3. MAKER may prepay in whole, or from time to time, in part, and without any premium or penalty therefore, the principal amount then remaining unpaid together with any accrued unpaid interest on this Note. Any prepayment shall first be applied to accrued unpaid interest on this Note and the balance to principal.
4. Each payment shall be credited first, on the interest then due; and the remainder on the principal sum; and interest shall thereupon cease upon the amount so credited on said principal sum.
5. If Participant should cease business at the Site as such term is defined in the Agreement MAKER shall pay to the CITY, in cash, within fifteen (15) days of the MAKER's receipt of written notification from the CITY, the principal balance and interest due under this Note. Such payment shall fully discharge MAKER's obligation to CITY under this Note.
6. MAKER agrees to indemnify, defend and hold harmless CITY, its officers, officials, employees, agents, successors and assigns from and against any and all claims, demands, costs, liabilities and obligations of any kind or nature arising out of any default hereunder, including without limitation all costs of collection, including reasonable attorneys' fees and all costs of suit, in the event the unpaid principal sum of this Note and/or any interest thereon is not paid when due. Should suit be commenced to collect on this Note or any portion thereof, such sum as the Court may deem reasonable shall be added hereto as attorney's fees and costs of suit.
7. No delay or omission by CITY in exercising any rights under this Note shall operate as a waiver of such right or any other right under this Note or other agreements. 424
10 8. To the extent permitted by this Note and by operation of law, this Note shall be binding upon and inure to the benefit of the respective legal and personal representatives, successors, and assigns of MAKER and CITY.
9. This Note shall be governed by and construed according to California law and consistent with the provisions of the Agreement.
10. MAKER and the person executing this Note on behalf of MAKER hereby represent and warrant to CITY that: (a) MAKER is a duly organized and validly existing individual, partnership or corporation in good standing under the laws of the jurisdiction of its formation, is qualified to transact business in the State of California, and has the full power and authority to execute, deliver and perform its obligations under the this Note; (b) this Note constitutes the duly authorized, legally valid and binding obligation of MAKER, enforceable against MAKER in accordance with its terms; and neither the execution, delivery or performance of this Note by MAKER will breach any statute, law, ordinance, rule or regulation or conflict with or result in a breach of any of the terms, conditions or provisions of any judgment, order, injunction, decree or ruling of any court or governmental authority to which MAKER is subject or any agreement or instrument to which it is a party or by which it is bound, or constitute a default thereunder.
11. The payment and performance of this Note shall be secured by a (1) UCC-1 filing with the California Secretary of State under the California Uniform Commercial Code executed by MAKER, and (2) Personal Guarantee of Dipti J. Pandit, Mukund H. Jiyani, and Radha Patel attached to the Agreement as
Executed at EASTVALE, California, as of the date first written above.
PRECISION PARTNERS RESTAURANT LLC
By:_______________________________________
Dipti J. Pandit, CFO
By:_______________________________________
Mukund H. Jiyani, Secretary
By:_______________________________________
Radha Patel, President
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11 ATTACHMENT NO. 2
GUARANTY OF NOTE
1. RECITALS
1.1 CITY OF EASTVALE, hereinafter referred to as “PAYEE” and PRECISION PARTNERS RESTAURANT LLC hereinafter referred to as “MAKER” are about to execute a document entitled “PROMISSORY NOTE” (“NOTE”), dated April 27, 2022, pursuant to that Business Incentive Loan Agreement dated April 27, 2022, between MAKER and PAYEE.
1.2 Dipti J. Pandit, Mukund J. Jiyani, and Radha Patel hereinafter referred to, individually and collectively, as “Guarantor” has a financial interest in MAKER; and
1.3 PAYEE would not make the loan to MAKER if Guarantor did not execute and deliver to PAYEE this Guaranty.
2.0 GUARANTEE
2.1 For and in consideration of the loan by PAYEE and as a material inducement to PAYEE to make such LOAN, hereby jointly, severally, unconditionally and irrevocably guarantee the prompt payment by MAKER of all sums payable by MAKER under the NOTE and the faithfully and prompt performance by MAKER of each and every one of the terms, conditions and covenants of said NOTE to be kept and performed by MAKER.
2.2 The terms of the NOTE may be altered, affected, modified or changed by agreement between PAYEE and MAKER, or by a course of conduct, and said NOTE may be assigned by PAYEE or any assignee of PAYEE without consent or notice to Guarantor and this Guaranty shall thereupon and thereafter guarantee the performance of said NOTE as so changed, modified, altered or assigned.
2.3 This Guaranty shall not be released, modified or affected by failure or delay on the part of PAYEE to enforce any of the rights or remedies or the PAYEE under said NOTE, whether pursuant to the terms thereof or at law or in equity.
2.4 No notice of default need to be given to Guarantor, it being specifically agreed and understood that the guarantee of the undersigned is a continuing guarantee under which PAYEE may proceed forthwith and immediately against MAKER or against following any breach or default by MAKER or for the enforcement of any rights which PAYEE may have as against MAKER pursuant to or under the terms of the within NOTE or at law or in equity.
2.5 PAYEE shall have the right to proceed against Guarantor hereunder following any breach or default by MAKER without first proceeding against MAKER and without previous notice or to demand upon neither MAKER or Guarantor. 426
12 2.6 Guarantor hereby waives (a) notice of acceptance of this Guaranty, (b) demand of payment, presentation and protest, (c) all right to assert or plead any statute of limitations as to or relating to the Guaranty and the NOTE, (d) any right to require the PAYEE to proceed against the MAKER or any other Guarantor or any other person or entity liable to PAYEE, (e) any right to require PAYEE to apply to any default any security deposit or other security it may hold under the NOTE, (f) any right to require PAYEE to proceed under any other remedy PAYEE may have before proceeding against Guarantor, (g) any right or subrogation.
2.7 Guarantor does hereby subrogate all existing or future indebtedness of MAKER to Guarantor to the obligations owed to PAYEE under the NOTE and this Guaranty.
2.8 Any married person who signs this Guaranty expressly agrees that recourse may be held against his or her separate property for all of his or her obligations hereunder.
2.9 The obligations of MAKER under the NOTE to execute and deliver estoppel statements and financial statements, as therein provided, shall be deemed to also require the Guarantor hereunder to do and provide the same relative to Guarantor.
2.10 The terms “PAYEE” whenever hereinabove used refers to and means the PAYEE in the foregoing NOTE specifically named and also any assignee of said PAYEE, whether by outright assignment or by assignment for security, and also any successor to the interest of said PAYEE or of any assignee in the NOTE or any part thereof, whether by assignment or otherwise.
2.11 The terms “MAKER” whenever hereinabove used refers to and means the MAKER and any successor to the interests of MAKER, whether by assignment, sale, or otherwise.
2.12 In the event any action be brought by said PAYEE against Guarantor hereunder to enforce the obligations hereinunder, the unsuccessful party in such action shall pay to the prevailing party therein a reasonable attorney’s fee which shall be fixed by the court.
427
13 Executed this___ day of _____, 2022, at EASTVALE, California. “GUARANTOR”
By: _________________________________________
Dipti J. Pandit
By: _________________________________________
Mukund H. Jiyani
By: _________________________________________
Radha Patel
428
14 “PAYEE”
CITY OF EASTVALE
Henry Garcia, Acting City Manager
“MAKER”
PRECISION PARTNERS RESTAURANT LLC
By: _________________________________________
Dipti J. Pandit
By: _________________________________________
Mukund H. Jiyani
By: _________________________________________
Radha Patel
429
15 ATTACHMENT NO. 3
SECURITY AGREEMENT
This SECURITY AGREEMENT (“Security Agreement” or “Agreement”) dated as of April 27, 2022 is made by PRECISION PARTNERS RESTAURANT LLC a (“Debtor”), in favor of the CITY OF EASTVALE, a California general law city (“Secured Party”).
RECITALS
WHEREAS, Secured Party and Debtor entered into that certain Business Incentive Loan Agreement dated April 27, 2022 (“Loan Agreement”), wherein Secured Party provided a loan to Debtor in the amount of $75,000.00 (“City Loan”) to be used for certain Eligible Activities;
WHEREAS, the City Loan is evidenced by that certain Promissory Note dated April 27, 2022, and executed by Debtor in favor of Secured Party (“Note”); and
WHEREAS, it a condition precedent to the making of the City Loan by Secured Party under the Loan Agreement that Debtor shall enter into this Security Agreement and grant Secured Party the lien contemplated by this Security Agreement.
NOW, THEREFORE, based upon the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by Debtor, in order to induce Secured Party to provide the City Loan under the Loan Agreement, Debtor hereby agree as follows:
I. Background and Purpose
The parties acknowledge that Debtor has executed a promissory note payable to Secured Party in the original principal amount of $75,000.00 (“Note”). The parties further acknowledge that to secure Debtor’s obligations under the Note, and Debtor’s obligations under this Security Agreement, Debtor has agreed to pledge, transfer, assign, and grant to Secured Party a security interest in, and right of set-off against, all of Debtor’s right, title and interest in and to the Collateral (defined in Section IV below) as more specifically set forth herein.
II. Grant of Security Interest
To secure Debtor’s Obligation (defined in Section III below), Debtor grants to Secured Party a security interest in the Collateral.
Debtor may retain possession of the Collateral until any default hereunder. If default shall occur in the payment of the debt secured hereby or any conditions of this Security Agreement, or if Secured Party feels insecure in his security, then the Secured Party may take immediate possession of the Collateral wherever found, with or without legal process, may require the Debtor to assemble the collateral and make it available to the Secured Party at a place reasonably convenient to both parties, and may exercise any rights and remedies granted Secured Parties by Article 9 of the Uniform Commercial Code upon default by a Debtor under a security agreement.
III. Obligations
For purposes of this Agreement, “Obligations” mean any and all debts, obligations, and liabilities of Debtor to Secured Party arising out of, or relating in any way to the Note, the Loan Agreement, and any obligations of Debtor to Secured Party pursuant to this Security Agreement, whether existing or arising after the date of this Security Agreement; whether voluntary or involuntary; whether jointly owned with others; whether direct or indirect; or whether absolute or contingent; and whether or not from time- to- time increased, decreased, extinguished, created, or incurred. 430
16 IV. Collateral
All inventory, including, without limitation, all goods held for sale or lease, finished goods, merchandise, parts, supplies, raw materials, and work-in-process of every kind and description, and all products thereof, whether now owned or acquired by Debtor after the date of this Agreement, or in which Debtor may now have or may after the date of this Agreement acquire an interest, including, without limitation, inventory temporarily out of Debtor’s custody or possession and any returns or repossessions on any sales or accounts;
All goods, including, without limitation, equipment, machinery, materials, furniture, furnishings, engines, appliances, fixtures, tools, parts, supplies, and vehicles of every kind and description, whether now owned or acquired by Debtor after the date of this Agreement or delivered to the real property of Debtor, or in which Debtor may now have or may after the date of this Agreement acquire an interest, and all additions, accessions, replacements, substitutions, and improvements to such goods and wherever located;
In addition to the collateral described above, Debtor grants to Secured Party a security interest in any and all proceeds and products of the Collateral, in any and all additions and accessions to, replacements of, insurance or condemnation proceeds of, and documents covering the Collateral, in all property received, in whole or in part, in trade or exchange for the Collateral, in any and all leases of the Collateral, in all rents, revenues, issues, profits, and proceeds arising from sale, lease, license, encumbrance, collection, or any other temporary or permanent disposition of the Collateral, or in any interest on the Collateral.
All proceeds and products of any of the personal property described above, in any form, including, without limitation, proceeds of any insurance relating to such collateral or fire and builder’s risk insurance and unrenowned insurance premiums; proceeds consisting of any of the above types of collateral; all awards made in eminent domain proceedings or purchased in lieu of such eminent domain proceedings; proceeds of any noncommercial tort cause of action in existence, now or after the date of this Security Agreement; and all replacements, substitutions, renewals, returns, additions, accessions, rents, royalties, issues, documents of ownership, and receipts for any of the foregoing.
Debtor grants to Secured Party a security interest in all the Collateral described above, wherever it may be located. Secured Party understands that the current location of the Collateral described above is 12768 Limonite Avenue, Suite 101, Eastvale, California. Debtor shall permit Secured Party, its employees and agents, at any time and from time to time, during business hours, to inspect the Collateral and any records pertaining thereto, and to make copies thereof and, upon request, if reasonable required under the circumstances, to deliver to Secured Party originals of such records and any instruments relating thereto.
V. Representations and Warranties
As a material inducement to Secured Party under this Security Agreement, Debtor represents and warrants that the following are and shall remain true and correct:
i. Debtor is the owner of all right, title, and interest in the Collateral free and clear of all liens, encumbrances, and security interests, except the security interest created by this Agreement. ii. That the collateral is located at and will be kept at Debtor’s residence address above shown; if a motor vehicle not to remove the same from California without the written consent of Secured Party, and if other collateral not to remove the same from Debtor’s residence address above shown; to pay all taxes when due; and to procure such insurance as may legally be required by Secured Party and deliver the policy to Secured Party with a loss payable clause in favor of Secured party or a certificate thereof. iii. All information that Debtor has provided to Secured Party concerning the Collateral is true and correct. iv. No defenses, offsets, claims, or counterclaims exist against Debtor that may be asserted against Secured Party in any proceeding to enforce Secured Party’s rights in the Collateral. 431
17 v. The execution, delivery, and performance of this Security Agreement by Debtor is not in violation of any applicable law or regulation or contractual obligation of Debtor.
vi. The liens granted to Secured Party under this Agreement will constitute a first priority lien on the Collateral on the filing of a UCC-1 Financing Statement, and Debtor’s grant of such lien to Secured Party does not constitute a fraudulent conveyance under any applicable law.
vii. Debtor is a limited liability company duly organized, validly existing, and in good standing under the laws of the State of California.
viii. Debtor has been duly authorized to execute and deliver this Security Agreement, which is a valid and binding obligation of Debtor.
ix. Debtor will not sell or offer to sell or otherwise transfer or encumber the property without written consent of Secured Party; and will keep the collateral in good order and repair and will not waste or destroy the collateral. x. At its option, Secured Party may discharge taxes, liens, or security interests or other encumbrances at any time levies are placed on the collateral, may pay for the insurance on the collateral, and may pay for the maintenance and preservation of the collateral. Debtor agrees to reimburse Secured Party on demand for any payment made, or any expense incurred by Secured Party, pursuant to the foregoing authorization. Until default, Debtor may have possession of the collateral and use it in any lawful manner not inconsistent with this Agreement and not inconsistent with any policy of insurance.
All of the Debtor’s representations and warranties contained in this Agreement shall survive its execution for a period of sixty (60) months.
VI. Covenants of Debtor
i. Protection of Security Interest; UCC-1 Financing Statement Contemporaneously with the execution of this Security Agreement, Debtor shall properly execute and deliver to Secured Party a California UCC-1 Financing Statements conforming in form and substance to the UCC-1 Financing Statements attached hereto as Exhibit A and incorporated herein by this reference, to enable Secured Party to perfect Secured Party’s security interest in the Collateral. Debtor agrees also to execute, file, and record such other statements, notices, and agreements, take such action and obtain such certificates and documents, in accordance with all applicable laws, statutes, and regulations as may be necessary or advisable to perfect, evidence, and continue Secured Party’s security interest in the Collateral.
ii. Transactions Involving Collateral
Debtor shall not, without the prior written consent of Secured Party, (a) sell, offer to sell, or otherwise transfer the Collateral except in the ordinary course of business, or (b) pledge, mortgage, encumber, or otherwise permit the Collateral to be subject to any lien, security interest, or charge, other than the security interest created by this Security Agreement. iii. Compliance with Laws
Debtor shall comply with all applicable laws, statutes, and regulations pertaining to the Collateral. iv. Taxes, Assessments, and Liens
Debtor shall pay when due all taxes, assessments, and liens with regard to the Collateral. Debtor may withhold any such payment or may elect to contest any lien if Debtor is conducting appropriate proceedings in good faith to contest the obligation to pay and so long as Secured Party’s interest is not jeopardized. 432
18 v. Notification of Change in Name
The Debtor shall notify the Secured Party in writing of a change in the Debtor’s name, identity, or corporate structure within five (5) days after the change. The Debtor shall also cooperate with the Secured Party to enable the Secured Party to file either a new UCC-1 Financing Statement or an amendment to the existing UCC-1 Financing Statement to reflect the change and to continue the Secured Party’s security interest in the Collateral.
VII. Authorized Action by Secured Party
Debtor hereby irrevocably appoints Secured Party as Debtor’s attorney in fact with full authority in the place and stead of Debtor and in the name of Debtor or otherwise, from time to time in Secured Party’s discretion, to take any action and to execute any instrument which Secured Party may deem necessary or advisable to accomplish the purposes of this Security Agreement. Debtor further irrevocably appoints Secured Party to exercise such rights and powers as Debtor might exercise with respect to the Collateral following an Event of Default, as defined below. These powers shall include without limitation the right to:
i. obtain and adjust insurance proceeds required to be paid to Secured Party pursuant to this Security Agreement and the Note;
ii. ask, demand, collect, sue for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any item of the Collateral; iii. receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (i) or (ii) above;
iv. file any claims or take any action or institute any proceedings which Secured Party may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Collateral; and
v. make any compromise or settlement and take any action Secured Party deems advisable with respect to the Collateral. Debtor agrees to reimburse Secured Party on demand for any costs and expenses, including without limitation attorney fees, which Secured Party may incur while acting as Debtor’s attorney in fact under this Agreement, all of which costs and expenses are included in the Obligations secured by this Agreement. Secured Party shall have no obligation to act pursuant to this paragraph and shall not be required to make any presentment, demand, or protest, or give any notice or take any action to preserve any rights against any other person in connection with the Collateral.
If Debtor fails to perform any agreement contained herein, Secured Party may, in its discretion, perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Debtor together with interest at the late charge rate upon demand by Secured Party and such expenses and interest shall constitute Obligations and be secured by this Security Agreement.
The rights conferred on Secured Party hereunder are solely intended to protect Secured Party’s interest in Collateral and shall not imply any further obligations or impose any duty upon Secured Party to exercise any such rights. Except as required by law, Secured Party shall have no duty with respect to any item of Collateral, or to take any steps to preserve rights against prior parties or any other rights pertaining to any item of Collateral.
VIII. Defaults and Remedies
i. Event of Default
Any of the following events or conditions shall constitute an Event of Default by Debtor under this Agreement:
(i) Default in payment of the Obligations in accordance with the terms of the Note; 433
19 (ii) Default in the performance of any Obligations or breach of any agreement, representation, or warranty contained in this Agreement;
(iii) Any levy or proceeding against the Collateral or Debtor’s interest in the Collateral, except if Debtor is conducting appropriate proceedings in good faith to contest the levy or proceeding; (iv) The filing of a petition by or against Debtor under the provisions of the Bankruptcy Code; or (v) Death of Debtor and there is no surviving Co-Debtor; or ii. Remedies
In the event of the occurrence of an Event of Default, Secured Party shall have the following rights:
(i) Secured Party shall have the following rights and remedies (to the extent permitted by applicable law), in addition to other rights and remedies of a secured party under the Note and the UCC (whether or not the UCC applies to the affected Collateral), all such rights and remedies being cumulative, not exclusive and enforceable alternatively, successively or concurrently:
(ii) to enter upon any premises in which any of the Collateral may be located and, without interference from Debtor, take possession of the Collateral, and remove the Collateral; (iii) to require Debtor to assemble all or part of the Collateral and make it available to Secured Party at a time and place designated by Secured Party which is reasonably convenient to both parties; and (iv) to sell, lease, transfer, assign and deliver, grant options for, or otherwise dispose of any or all of the Collateral in its then condition or following any commercially reasonable preparation or processing, at public or private sale or proceeding or by other disposition, by one or more contracts or other method, in one or more parcels, at the same time or at different times, with or without having the Collateral at the place of sale or other disposition, and upon any terms, for such consideration (whether monetary or otherwise), at such place(s) and time(s) and to such persons or entities, which, in the sole and absolute discretion of Secured Party, may best dedicate and/or make use of the Collateral, all without demand for performance or any notice or advertisement whatsoever except where an applicable statute requires reasonable notice of sale or other disposition. (Debtor hereby agrees that the sending of ten (10) days’ prior notice by ordinary mail, postage prepaid, to any address of Debtor set forth in this Security Agreement of the time and place of any public sale or of the time after which any private sale or other intended disposition is to be made shall constitute reasonable notice.) (v) If any Collateral is sold by Secured Party upon credit or for future delivery, Secured Party shall not be liable for the failure of the purchaser to pay for same and, in such event, Secured Party may resell or otherwise dispose of such Collateral. Secured Party may buy any part or all of the Collateral at any public sale, and if any part of the Collateral is of a type customarily sold in a recognized market or is of the type which is the subject of widely distributed standard price quotations, Secured Party may buy at a private sale and may make payment therefor by any means. (vi) Secured Party shall not be obligated to make any sale of the Collateral regardless of notice of sale having been given. Secured Party may adjourn any public or private sale or other disposition of the Collateral from time to time by announcement at the time and place fixed therefor, and such sale or other disposition may without further notice, be made at the time and place to which it was so adjourned.
(vii) Secured Party may apply all cash proceeds received, if any, from any sale or other disposition of the Collateral first to the reasonable expenses of retaking, holding, preparing for sale, selling, leasing and the like, to court costs and reasonable attorneys’ fees, and all legal, travel and other expenses incurred by Secured Party in attempting to enforce and/or collect the Obligations or in the prosecution or defense of any action or proceeding related to the subject matter of this Security Agreement and then to the Obligations, and Debtor shall remain liable and pay Secured Party on demand any deficiency remaining, together with interest thereon at the late charge rate. Any excess of cash or cash proceeds from a sale or other disposition of the Collateral held by Secured Party and remaining after payment in full of all the Obligations and 434
20 all such costs and expenses, if any, shall be paid over to Debtor subject to any duty of Secured Party imposed by law to the holder of any subordinate lien in the Collateral as may be known to Secured Party.
If any of Debtor’s personal items are in the Vehicle when Secured Party takes possession, Secured Party shall store such items for Debtor at Debtor’s own expense, and for the period of time required by California law. If Debtor does not request these items back within that time, Secured Party may dispose of them as permitted by law. iii. Remedies Cumulative
All of Secured Party’s rights and remedies, whether evidenced by this Agreement or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Secured Party to pursue any remedy shall not exclude pursuit of any other remedy.
IX. Waiver of Hearing
Debtor expressly waives any constitutional or other right to a judicial hearing prior to the time Secured Party takes possession or disposes of the Collateral on an Event of Default as provided in Section VIII. above.
X. Waiver
Secured Party shall not be deemed to have waived any rights under this Agreement unless such waiver is in writing and signed by Secured Party. No delay or omission on the part of Secured Party in exercising any right shall operate as a waiver of such right or any other right.
XI. Additional Documentation; Cooperation
Each party shall, on the request of the other, execute, acknowledge, and deliver to the other any instrument that may be required to accomplish the intent of this Agreement. Each party agrees to cooperate to effectuate the intent of this Agreement and shall take all appropriate action necessary or useful in doing so.
XII. Secured Party Implementation of this Security Agreement Secured Party’s City Manager, or designee, are authorized to take such actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Security Agreement, as it may be amended from time to time by both parties.
Except as otherwise expressly provided in this Security Agreement, approvals required of the Secured Party shall be deemed granted by the written approval of the Secured Party’s City Manager, or designee(s). Notwithstanding the foregoing, the City Manager may, in his or her sole discretion, refer to the City Council of the Secured Party any item requiring Secured Party approval; otherwise, “Secured Party approval” means and refers to approval by the City Manager or designee.
XIII. Miscellaneous
i. Governing Law
The rights and obligations of the parties and the interpretation and performance of this Agreement shall be governed by the law of the State of California, excluding its conflict of laws rules. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed in the Superior Courts of Riverside City, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction. ii. Successors and Assigns
Subject to the provisions otherwise contained in this Agreement, this Agreement shall inure to the benefit of and be binding 435
21 on the successors and assigns of the respective parties. None of the rights or obligations of Debtor hereunder may be assigned, hypothecated or otherwise transferred without the prior written consent of Secured Party. Secured Party may, in its sole and absolute discretion, assign all or any part of this Security Agreement and the Obligations to any entity, without obtaining the consent of Debtor, in which event, upon notice by Secured Party to Debtor, the assignee shall have, to the extent of such assignment (unless provided otherwise therein), the same rights and benefits with respect to the Collateral as it would have if it were Secured Party hereunder. Secured Party may furnish any information in the possession of Secured Party relating to Debtor, the Collateral or the Obligations, to any assignee or prospective assignee. iii. Notices
Any notice under this Agreement shall be in writing, and any written notice or other document shall be deemed to have been duly given (a) on the date of personal service on the parties, (b) on the third business day after mailing, if the document is mailed by registered or certified mail, (c) one day after being sent by professional or overnight courier or messenger service guaranteeing one day delivery, with receipt confirmed by the courier, or (d) on the date of transmission if sent by telegram, telex, telecopy, or other means of electronic transmission resulting in written copies, with receipt confirmed. Any such notice shall be delivered or addressed to the parties at the addresses set forth in the introductory paragraph of this Agreement, or at the most recent address specified by the addressee through written notice under this provision. Failure to conform to the requirement that mailings be done by registered or certified mail shall not defeat the effectiveness of notice actually received by the addressee.
iv. Amendment
The provisions of this Agreement may be modified at any time by written agreement of the parties. Any such agreement made after the date of this Agreement shall be ineffective to modify this Agreement in any respect unless in writing and signed by Debtor and Secured Party.
v. Attorney Fees; Prejudgment Interest
If the services of an attorney are required by Secured Party to secure the performance of this Agreement or otherwise on the breach or default of this Agreement, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this Agreement or the rights and duties of any person in relation to this Agreement, Secured Party shall be entitled to reasonable attorney fees, costs, and other expenses, in addition to any other relief to which Secured Party may be entitled.
Any award of damages following judicial remedy or arbitration as a result of the breach of this Agreement or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law.
vi. Post-Judgment Attorney Fees
If the services of an attorney are required by Secured Party to enforce a judgment rendered in connection with this Agreement, Secured Party shall be entitled to reasonable attorney fees, costs, and other expenses, and such fees, costs, and expenses shall be recoverable as a separate item. This provision shall be severable from all other provisions of this Agreement, shall survive any judgment, and shall not be deemed merged into the judgment. vii. Captions
All section and paragraph captions are for reference only and shall not be considered in construing this Agreement. viii. Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement that can be given effect without the invalid provision shall continue in full force and effect and shall in no way be impaired or invalidated.
ix. Expenses
436
22 Debtor shall reimburse Secured Party on demand for all costs, expenses, and charges (including, without limitation, fees and charges of legal counsel for Secured Party) incurred by Secured Party in connection with the enforcement of this Security Agreement. The obligations of Debtor under this Section (ix) shall survive the payment in full of the Obligations and termination of this Security Agreement.
x. Joint and Severable Obligations
The undersigned, if comprising more than one person or entity, shall be jointly and severally liable hereunder. xi. Counterparts
This Security Agreement may be signed by the different parties hereto in counterparts, each of which shall be an original, but all of which together shall constitute one and the same agreement. xii. Entire Agreement
This document and its exhibits constitute the entire agreement between the parties, all oral agreements being merged in this Security Agreement, and supersede all prior representations. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties relating to the subject matter of this Agreement that are not fully expressed in this Agreement or its exhibits.
IN WITNESS WHEREOF, Secured Party and Debtor have executed this Agreement as of the dates written below:
“SECURED PARTY”
CITY OF EASTVALE, a political subdivision of the
State of California
___________________________
Henry Garcia, Acting City Manager
“DEBTOR”
PRECISION PARTNERS RESTAURANT LLC, a
California limited liability company
____________________________________________
Dipti J. Pandit, CFO
____________________________________________
Mukund H. Jiyani, Secretary
____________________________________________
Radha Patel, President
437
23 EXHIBIT A TO ATTACHMENT NO. 3
FORM OF UCC-1 FINANCING STATEMENT
(behind this page)
438
24 EXHIBIT B TO ATTACHMENT NO. 3
ACCOUNTS RECEIVABLE OR DESCRIPTION OF EQUIPMENT
439
AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 13.5
April 27, 2022
City Manager Executive Recruitment Services
Prepared By:
Angelica Zepeda, Deputy Talent & Special Projects Director Recommended Action(s)
Staff recommends that the City Council provide direc on to staff and to the Interim City Manager regarding Professional Services for an Executive City Manager Recruitment.
Summary
The City Manager is appointed by the City of Eastvale City Council which will work as a liaison to balance between elected officials, community members, partner agencies, staff, businesses and stakeholders. The Interim City Manager, Henry Garcia was appointed on a temporary basis to manage the daily operations, staff and to serve at the pleasure of City Council.
The City Council has several options when hiring a new City Manager:
• Conduct In House Recruitment
• Hire Executive Recruitment Firm
• Hybrid approach of both options
City staff also has the op on to solicit Request for Proposal (RFP) for professional services to select an execu ve recruitment firm for future considera on. In efforts to begin this process city staff has been in communica on with various recruitment firms to obtain proposals for considera on.
However, since the selec on of the City Manager is a cri cal decision for the City Council, which impacts staff and the community, City staff recommends solici ng 3-4 more firms which would provide more op ons in terms of services and cost for the City Council to consider. The a7ached list of vendors does not include other recognized execu ve firms that you would typically see in western cites magazine published by the League of California Cities. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
440
Although there is a current ac ve recruitment on the city website, hiring an execu ve recruitment firm would save staff me. A professional recruitment agency is experienced in finding the best candidate based on administra ve and execu ve qualifica ons, skills, abili es and fit to suit the City Council needs. The scope of services typically includes but are not limited to developing City Manager profile and organiza onal assessment, create marke ng brochures, select sites and meline of adver sement, conduct outreach to poten al candidates, ensure high level review and screening of applicants, set up interviews for the City Council and reference checks. The final step includes assistance with negotiating candidate’s compensation and contract.
Proposals Received: (based on qualificaons, experience, availability, cost of services, meline, and profile)
Executive City Manager
Recruitment Agency
Contact
Cost
Timeline
Experience & Region
Portfolio
Bob Hall & Associates
Bob Hall
$23,500
4 months
30 years/Orange
County, San
Bernardino County
City of Stanton,
Laguna Niguel,
Mateca, San
Bernardino,
Fountain Valley,
Tracy, Laguna Hills
Jacob Green &
Associates
Jacob Green
$22,500
3-4 months
40 years/Inland
Empire
City of Fontana
Renne Public
Management Group
Nelson Fialho
$30,000
+additional
expenses
4.5 months
31 years/Northern
California
Many California
Recruitments
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
441
Ralph Andersen &
Associates
Fred Wilson
$24,800
3-4 months
35 years/Orange
County, Inland
Empire
Active City of
Norco
Recruitment
*Timelines are subject contract approval and adjustments as determined by the City Council **All firms have included a 12 month guarantee of employment, which means that if a selected candidate resigns or is terminated within the first 12 months, the firm would conduct another recruitment at no cost
Background
Effective March 28, 2022, former City Manager, Bryan Jones resigned from the City of Eastvale which City Council accepted on March 23, 2022. City Council then approved the employment contract for Interim City Manager, Henry Garcia. The responsibility of the City Council is to establish policy, while the du es of City Manager is to manage day to day opera ons, maintain city projects, budgets and ensure strategic goals are being met. The City of Eastvale Interim City Manager, Henry Garcia has been appointed to fill the vacancy by the City Council to manage day to day opera ons. Interim City Manager Garcia is a CalPERS re red annuitant with limited hours which will reset on July 1, 2022. As such, there is a need to fulfill the role of City Manager expeditiously.
Environmental
Not Applicable
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.
Fiscal Impact
Approximately $25,000 in budget is available in General Fund 100-220-6490 Prior City Council/Commission Action
On January 12, 2022, an employment agreement was approved by City Council to hire Ac ng City Manager, Henry Garcia. On March 23, 2022, the City Council approved acceptance of resigna on City Manager, Bryan Jones effec ve March 28, 2022. City Council approved employment agreement and appointed Interim City Manager, Henry Garcia at the March 28, 2022, council meeting.
Attachment(s)
Attachment 1 - Bob Hall & Associates -City of Eastvale City Manager
Attachment 2 - Jacob Green & Associates- City of Eastvale - City Manager
Attachment 3 - RPMG - City of Eastvale City Manager
Attachment 4 - Ralph Andersen & Assoc. -City of Eastvale City Manager
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
442
www.bobhallandassociates.com | (714) 309-9104 | [email protected]
April 11, 2022
Dear Mayor Lorimore and City Council :
Bob Hall & Associates is pleased to submit this proposal to conduct a recruitment for the position of City Manager for the City of Eastvale.
If selected, Bob Hall will be the point of contact and lead project director for this search. As former City Manager of Laguna Niguel, Stanton, and Fountain Valley, Bob Hall’s substantial knowledge and experiences will help the City of Eastvale find a candidate that fits the ideal criteria for the position. No one has a better pulse on the challenges that California cities face than Bob as a former City Manager.
Recent recruitments by Bob Hall include the Cities
of Manteca, Tracy, Morro Bay, San Bernardino, Laguna Niguel, Costa Mesa, Seal Beach, San Clemente, Stanton, and the Laguna Woods Village.
While not a large firm, Bob Hall & Associates’ network encompasses a strong talent pool and will add the personal, individualized attention that each search requires. Attached is a summary of the search process and the services that the Bob Hall & Associates team is willing and able to offer the City of Eastvale.
For more information or clarification, do not hesitate to contact Bob Hall at (714) 309-9104 or by email at [email protected]
. We appreciate the opportunity to be
considered to aid in the search for the City Manager vacancy. Should you select our team, we are prepared to proceed immediately.
Sincerely,
Bob Hall
443
www.bobhallandassociates.com | (714) 309-9104 | [email protected]
Executive Summary
We are excited to submit our proposal to the City of Eastvale for the opportunity to assist with the identification and recruitment for the City Manager position. The Bob Hall & Associates team is well connected throughout California with a keen knowledge of talent and is prepared to offer a strong pool of top candidates. At Bob Hall & Associates, we pride ourselves in adding a personal, individualized touch to each recruiting search. In the last 30 months, the Bob Hall and Associates team has conducted more than 50 recruitments across the state of California.
We provide a cost-effective alternative to working with large recruiting firms, without sacrificing the level of service. Our individualized service helps target candidates who are equipped to specific needs within the region. We do not stray from a challenge and thrive in filling the tough to find positions at all levels throughout the organization. Our work ethic and desire to help our clients succeed is second to none.
Bob Hall brings over 30 years of experience in municipal government and leadership. Hall has served as City Manager for Fountain Valley, Laguna Niguel, and Stanton. His prior City Manager experience gives him a unique perspective on the recruiting process. He knows first-hand the talent it takes to build a high-performance operation and wants to share that knowledge and experience with candidates and municipalities. His wide variety of experience throughout municipal organizations provides a strong understanding of the diverse needs throughout the City. Before assuming the leadership role in Orange County, he worked in many departments, including General Services Director for the City of Riverside.
Bob Hall holds a Master’s degree in Public Administration from California State University, San Bernardino. Hall is a member of ICMA, former Board Member of Cal ICMA and has been an invited guest lecturer at Cal-State Northridge, Cal-State Fullerton and Long Beach State University.
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www.bobhallandassociates.com | (714) 309-9104 | [email protected]
The Team and Recent Placements
Our Recruitment Team
Bob Hall
Founder, Bob Hall and Associates
With Bob’s 30 plus years of experience serving in most departments within a municipal organization, he brings a strong knowledge and understanding of city operations. This diverse knowledge has translated into Bob Hall and Associates keen ability to place highly qualified candidates in key positions. Bob’s niche is finding that “perfect fit”, especially in positions that traditionally are more challenging to fill. Bob Hall provides individualized customer service and responsiveness resulting in successful placements and ultimately, client satisfaction.
Rachel Hall
Recruitment Coordinator
Rachel has a Bachelor of Arts in Communications from the University of Arizona and brings a background in marketing and writing to the team. Rachel has experience working within municipal government and provides support services for Bob Hall and Associates recruitments.
Recent Recruitments
City Manager - Stanton
City Manager - Laguna Niguel
City Manager - Manteca
City Manager - San Bernardino
City Manager - Fountain Valley
City Manager - Tracy
City Manager - Laguna Hills
Assistant City Manager - Costa Mesa
City Attorney - Manteca
Fire Chief - Morro Bay
Assistant to City Manager – San Luis Obispo
Director of Finance – Placentia
Director of Finance - Moorpark
Director of Finance - Seal Beach
Director of Public Works - Signal Hill
Director of Development - Manteca
Director of Community Development - Stanton
Director of Community Services - Costa Mesa
Director of Parks & Recreation - American Canyon
IT Director – San Bernardino
445
www.bobhallandassociates.com | (714) 309-9104 | [email protected]
Recruiting Process
Below, you will find our proposed recruiting process, schedule, and cost breakdown for your consideration. During the recruitment process, we will require the following specific assistance from the City: a draft job description (we will work with the City to craft language), any other legal descriptions or City language and guidelines; City logo, high resolution photography, review of the brochure and other marketing materials and timely feedback; and logistics coordination with any City staff and our team.
Create Position Profile
The Bob Hall and Associates team will meet with the City to discuss the strategy for the search as well as communication preferences and project timeline. It is at this time that the team will collaborate with the City to determine characteristics of the ideal candidate. Communication and customer service is a priority, as the Bob Hall and Associates team will stay in touch with the City throughout the recruitment keeping them up to date. In the meeting, the search criteria will be determined to help aid the Bob Hall & Associates team in narrowing the search to appropriate candidates based on the specific goals and qualities of the organization.
Outreach and Recruiting
Outreach
Outreach begins with the creation of a job announcement and brochure that will be advertised for the public to see on platforms such as Public CEO, ICMA, California City News, GovernmentJobs.com and in Western Cities magazine. We will also utilize social media engagement on LinkedIn, networking with top industry leaders throughout the nation, and personal outreach.
Position Profile
Outreach and
Recruiting
Candidate
Assessment
Selection
and
Presentation
Negotiations
Close Out
446
www.bobhallandassociates.com | (714) 309-9104 | [email protected]
Candidate Identification
Following the creation of the job announcement and advertisement of the position, the Bob Hall & Associates team will actively seek out qualified candidates by tapping into the network of talented prospects both local to California and across the country.
Unlike other firms, Bob Hall & Associates focuses on adding a personal touch to the identification process by tailoring the recruiting process to the needs and desires of the organization. Our active recruiting style has proved to increase the number of applications and resumes from potential candidates leading to a deeper evaluation of each individual.
Candidate Assessment
Screening
Every application will be carefully examined and those that most closely fit the criteria indicated by the organization will be subject to a more thorough evaluation. Such evaluation will focus on aspects such as professional experience, size and complexity of current organization as compared to the advertised position.
Initial Research and Interviews
Research will be conducted on top candidates in the form of Internet searches and other public profiles to ensure prospects’ values, experiences, and history match the criteria established by the organization. Following research, preliminary interviews will be conducted via phone, video-conferencing, or face-to-face, depending on candidates’ location.
Selection and Presentation of Top Candidates
Bob Hall & Associates will manage the selected finalist candidates. Top candidates will be presented to the City for consideration to determine which candidates will be interviewed. City will be provided with detailed description of work history and other important information about each candidate prior to selection and scheduling of interviews. Bob Hall & Associates will then schedule interviews with candidates and provide books containing detailed descriptions of each candidate to each member of the interview panel.
447
www.bobhallandassociates.com | (714) 309-9104 | [email protected]
Negotiations
The Bob Hall & Associates team is willing and able to support the City in the negotiation process of the selected candidate’s compensation package.
Close Out
After the organization has successfully chosen a candidate, the search will be closed out. This includes informing finalist candidates of the status of the search via telephone.
Project Costs
The recruitment for the City Manager position will be a complete and comprehensive search in an effort to present the City with the most capable, talented, candidates available. The fee to perform the search will be $23,500 which will include advertising and printing. Top candidates will subject to DMV, civil and criminal background, and credit checks. This proposal is good for at least 180 days from April 11, 2022.
Fees will be collected in three installments as follows:
1. Upon Execution of the Agreement: $8,000
2. Following Presentation of Candidates: $8,000
3. Upon Acceptance of Offer: $7,500
448
www.bobhallandassociates.com | (714) 309-9104 | [email protected]
Project Timeline
A typical search will be conducted in a 90 to 120-day period from start to finish. Following the final selection, negotiations can take up to two weeks. The proposed schedule includes four to five weeks of active recruitment, which reflects our suggested minimum timeline. However, this can be adjusted if the City would prefer a longer or accelerated process. An exact schedule will be provided once a firm start date has been provided by the City. If an expedited process is preferred we can reduce the process to about 60 days however we will need ensure review dates and interviews are scheduled early in the process.
Bob Hall & Associates’ Guarantee
The Bob Hall & Associates team guarantees industry-standard services. If within one year following appointment, selected candidate resigns or is terminated for cause, our team will conduct another search free of professional services charges. However, the organization will be expected to pay for incurred costs.
Month 1
•Week 1: Bob Hall & Associates Selected as Search Firm
•Week 2: Bob Hall & Associates meets with the City to establish postition criteria •Week 3 & 4: Active Recruting and Screening
Month 2
•Week 1 & 2: Active Recruting and Screening Continued
•Week 3 & 4: Consultant Interviews, Preliminary Reference Checks, Finalists Selected and Submitted to City
Month 3
•Week 1: Candidate-City Interviews
•Week 2: Candidate Selected and Negotiations
•Week 3: Selection Made
449
www.bobhallandassociates.com | (714) 309-9104 | [email protected]
Testimonials and References
Rob Field, City Manager of San Bernardino
[email protected]
(909) 384-5122
Damien Arrula, City Manager of Placentia
[email protected]
(714) 993-8117
Jarad Hildenbrand, City Manager of Stanton
[email protected]
(714) 890-4277
Don Sedgwick, Council Member Laguna Hills
[email protected]
(949) 885-6272
Karin Schnaider, Director of Finance, Tracy
[email protected]
(209) 831-6800
Fred Minagar, MS PE, Mayor of Laguna Niguel
[email protected]
(949) 338-8964
Rigoberto Ramirez, Mayor Pro Tem of Stanton
[email protected]
(714) 890-454
450
The City of
LAGUNA HILLS
California
invites applications for the position of
CITY MANAGER
RECRUITING SERVICES PROVIDED BY 451
WHERE WE’VE BEEN...
Laguna Hills is built on one of the major land grants developed during the Rancho Era. Following Mexico’s independence from Spain in 1821, those who had served in the government or who had friends in authority, were given vast lands for cattle grazing. Rancho Lomas de Santiago, Rancho San Joaquin, and Rancho Niguel covered much of the western portion of the Saddleback Valley. In 1842, Don Juan Avila was granted the 13,000 Rancho Niguel on which Laguna Hills is located.
In 1874, Lewis Moulton travelled from Boston to California and worked the land learning the trade of sheep herding. He began the Moulton Ranch by leasing Rancho Niguel. After purchasing it in 1895, he increased the original grant to 22,000 acres. Moulton and his partner, Jean Pierre Daguerre, used the ranch for dry farming and to raise sheep and cattle.
The Moulton Ranch was eventually subdivided in the early 1960’s, part of which is recognized as Laguna Hills.
Incorporation efforts began in 1987 and on March 5, 1991, the goal of incorporation was finally achieved with 86% of the residents voting in favor of forming the City of Laguna Hills. On December 20, 1991, Laguna Hills officially became a City.
On November 14, 1995, the City Council approved annexation of the North Laguna Hills area, which became part of the incorporated City on July 1, 1996.
On September 18, 2000, with the overwhelming support from the 1,800 residents, the “Westside” annexation area officially became part of the incorporated City. The annexation added 149 acres of residential land, which includes the Aliso Viejo Community Association’s Sheep Hills Park.
WHERE WE’RE GOING...
Laguna Hills is a great community, a great place to live, and an excellent place to start or relocate a business. While residents value this small- town atmosphere they also enjoy the big city amenities the City has to offer.
The City’s shopping and employment destinations provide for a strong and sound economy, further strengthening the City’s quality of life. The City features streets lined with well-manicured homes, low crime rates, award-winning school districts, and an ethnically diverse population where over 45% of residents hold a Bachelor’s degree or higher and households have an average income level of 23% above the state average.
The guiding themes of the City establish the vision and direction Laguna Hills foresees and they include:
• A City prepared for the future
• Focused revitalization in commercial centers
• Efficient transportation system
• Strong community identity
• Healthy and supportive community for families and people of all ages.
THE CITY
The City of Laguna Hills is a
General Law City that operates
under the Council/Manager form
of government. The voters elect five fellow
citizens to the City Council for overlapping
four-year terms. The Council, in turn,
selects one of its members to serve as
Mayor for a one-year term. In November
2022, there will be four council seats up
for election. The City is financially stable
with a $45.5 million biennial budget where
ongoing revenues meet ongoing expenses
with a small surplus. In addition, the City
has a $90 million seven-year CIP budget.
Many City services are delivered through
long- and short-term contracts including
police and fire.
The City of Laguna Hills, has
approximately 6.6 square miles
of land in its corporate boundary
and is now home to 31,508 people.
The majority of the area in the City has
a distinctive residential character. Yet,
the City has a commercial base in its
northern part. This commercial area or
“urban village, ” is anchored by the Village
at Laguna Hills, the Oakbrook Village
Shopping Center, and Saddleback
Memorial Hospital. It includes retail,
restaurant, professional office, and
medical related building space. The
Village at Laguna Hills is looking to build
1500 apartments, including retail space,
and a hotel, which has been set for
Council approval in February 2022.
452
DUTIES
• Plans, organizes, and administers operations of the City; coordinates and evaluates the work of the City in accordance with applicable laws, codes, regulations and adopted policies and objectives of the City Council.
• Oversees the preparation of the annual budget for the City; authorizes budget transfers, expenditures, and purchases; provides information regarding the financial condition and needs to the City Council.
• Advises the City Council on issues, programs, and financial status; prepares and recommends plans for City service
provision, capital improvements, and funding; directs the development of proposals for action regarding City needs. • Oversees the administration, construction, use, and
maintenance of all City facilities and equipment.
• Represents the City and the Council in meetings with
governmental agencies, community groups, and various
business, professional, educational, regulatory, and legislative organizations.
• Provides for the investigation and resolution of complaints regarding the administration of and services provided by the City government.
• Provides for contract services and franchise agreements; ensures proper performance of obligations to the City; has responsibility for enforcement of all City codes, ordinances, and regulations.
• Oversees the selection, training, professional development, and work performance of City staff; oversees the implementation of effective employee relations programs; provides policy guidance and interpretation to staff; serves as the hearing officer for grievances and discipline hearings.
• Ensures that the Council is kept informed of City functions and activities, as well as legal, social, and economic issues affecting City activities.
• Monitors changes in laws, regulations, and technology that may affect City operations; implements policy and procedural changes as required.
• Responds to the most complex, difficult, and sensitive public inquiries and complaints and assists with resolutions and alternative recommendations.
THE POSITION
The City Manager oversees 26 full-
time employees, with a five-member
executive team including two Deputy
City Managers, a Finance Manager, and
Assistant City Manager/Public Services
Director. Under policy direction, the City
Manager plans, organizes, and provides
administrative direction and oversight for
all City functions and activities; provides
policy guidance and program evaluation
to the City Council and management
staff; encourages and facilitates the
provision of services to City residents
and businesses; fosters cooperative
working relationships with State and
local intergovernmental and regulatory
agencies and various public and private
groups; pursues appropriate avenues of
economic and community development,
and performs related work as required.
EDUCATION
Equivalent to graduation from an
accredited four-year college or university
with major coursework in public or
business administration, public policy,
finance, or a related field. T en (10)
years of management or administrative
experience in a public agency setting as
a City Manager, Assistant City Manager,
or in a related administrative/managerial
capacity involving responsibility
for planning, organization, and
implementation, including six (6) years of
management or supervisory experience.
An equivalent to a Master’s Degree in
Public or Business Administration is
highly desired.
453
APPLICATION AND SELECTION
PROCESS
First Review Date | February 25, 2022
Please contact Bob Hall at (714) 309-9104 should you have any questions regarding this position or the recruitment process.
Application materials will be screened in relation to the criteria described in this brochure. Candidates deemed to be the most highly qualified will be invited to participate in the selection process.
The selection process will include phone interviews with the most qualified candidates and final interviews with the City Council.
Appointment is subject to completion of a thorough background and reference checks, and pre-employment medical exam.
BENEFITS
• Salary range for the position is $260,000-
$280,000 depending on qualifications.
• Insurance – The City contributes the
following towards medical premiums:
employee only - $822.65; employee +
one - $1,637 .58; employee + family -
$2,126.94. The City pays 100% of dental
and vision insurances for the employee
and dependents. The City pays 100%
of the premium for group life (100% of
employee’s salary) and short- and long-
term disability insurances.
• Retirement Benefits – The City is a
member of CalPERS with a 2% @ 60
formula and one-year final compensation,
post-retirement survivor allowance, and
pre-retirement survivor allowance. This
defined benefit plan is supplemented
with a 401A defined contribution plan
administered by PARS in which the City
contributes 7% of the employee’s base
salary on a bi-weekly basis. After ten
years of employment, the City cashes
out all unused sick leave in excess of
160 hours and deposits it into a Retiree
Health Savings Plan for the employee.
Thereafter, the City annually deposits
into the employee’s Health Savings Plan
$5,000 and the cash value of all accrued
sick leave in excess of 160 hours.
• Leave – Three weeks of vacation in each
of the first three years and four weeks
annually thereafter. The City also offers
108 paid holiday hours and 96 hours of
sick leave annually.
• Vehicle and Technology Allowance
IDEAL CANDIDATE
The City of Laguna Hills is seeking a strong leader and experienced manager to provide effective leadership while coordinating the activities of a municipal organization. The ideal candidate will be a strategic visionary with an innovative mindset who can take a creative approach to solving problems and managing the long- term goals of the City. Ideally, the right candidate will be an excellent generalist and have a proven track record of delivering results.
The ideal candidate will place an emphasis on communication throughout the organization and community. The ideal candidate will also need to be energetic, self-confident, and have an open, approachable management style. The successful candidate will be a diplomatic yet strong leader. They will be able to collaborate effectively with council and staff, will stand behind their decisions, and be transparent and thorough in their communications.
The City is eager for a City Manager with the ability to propose and implement ideas for increasing city revenues without increasing taxes. The candidate will demonstrate a strong understanding of municipal management in the State of California and an in- depth understanding of the City’s financial situation and the path forward. Experience in economic development and community services is a plus.
As Laguna Hills continues its upward trajectory, a passionate leader is needed to help the City realize its full potential. The future City Manager will value all the City has to offer, recognize needs of improvement, and take decisive action to meet the goals of the City Council. A collaborative, experienced, and ethical leader will excel in this role.
T o apply for this exciting career
opportunity, please send a
compelling cover letter and your
detailed resume electronically to
[email protected].
454
The City of
FOUNTAIN VALLEY
California
invites applications for the position of
CITY MANAGER
RECRUITING SERVICES PROVIDED BY 455
THE COMMUNITY
Fountain Valley refuses to be defined by outside expectations. It isn’t just a city with small-town charm and a close-knit community, it is a city in the midst of growth with exceptional schools; laying the foundation for future jobs and opportunities. It is considered to be Orange County’s “hidden gem. ” We pride ourselves on being a tight knit community both inside City Hall and throughout our town. Our residents love our city and the camaraderie between City staff and the community is second to none.
The City of Fountain Valley, population 56,987 , encompasses 9.7 miles of premier Orange County land. We are minutes from points of interest as Disneyland, Knott’s Berry Farm, the beach, and world class shopping. Major employers include Fountain Valley Regional Hospital, Orange Coast Memorial Hospital, Kingston T echnology, and Hyundai Motor America.
One of the City’s greatest amenities is the Mile Square County Regional Park, which totals 640 acres of land. Within the Park’s boundaries are three regulation golf courses, two regulation soccer fields, baseball and softball diamonds, an archery range, and a wilderness area. Also, there are two fishing lakes, concession operated bike and paddle boat operations, a wide expanse of picnic areas, as well as numerous picnic shelters.
Thanks to the well-maintained streets and parkways, 20 parks, wide range of recreation programs for all ages, business-friendly practices, and overall quality of life, Fountain Valley truly is a “Nice Place to Live, Play, and Do Business. ”
CITY GOVERNMENT
The City of Fountain Valley was incorporated in 1957 as the 21st City in Orange County. Fountain Valley is a full-service, general law City with a Council-Manager form of government. The five -member City Council is elected to staggered four-year terms. Annually, the City Council appoints a Mayor and Mayor Pro T empore from its members to serve a one-year term. The City’s FY 21/22 Operating Budget is approximately $107 .6 million. The City employs 223 full- time employees working together to provide high quality customer service to its residents.
The City has a long history of fiscal responsibility, maintaining healthy reserves, and the reputation as a well-managed city. The City is proactive recognizing potential issues early on and addressing them effectively with the cooperation of the employees and the residents. The City has a strong commitment to professionalism, open and responsible customer service, and the well-being of its employees and citizens.
AT A GLANCE
College
Graduates: 39%
EDUCATED
Average Household
Income: $112,324
WE A LT H Y
Homeowners: 72%
Households: 19,364
HOMEOWNERS
456
DUTIES
• Plans, organizes, and administers operations of the City; coordinates and evaluates the work of the City in accordance with applicable laws, codes, regulations and adopted policies and objectives of the City Council.
• Oversees the preparation of the annual budget for the City; authorizes budget transfers, expenditures, and purchases; provides information regarding the financial condition and needs to the City Council.
• Advises the City Council on issues, programs, and financial status; prepares and recommends plans for City service
provision, capital improvements, and funding; directs the development of proposals for action regarding City needs. • Oversees the administration, construction, use, and
maintenance of all City facilities and equipment.
• Represents the City and the Council in meetings with
governmental agencies, community groups, and various
business, professional, educational, regulatory, and legislative organizations.
• Provides for the investigation and resolution of complaints regarding the administration of and services provided by the City government.
• Provides for contract services and franchise agreements; ensures proper performance of obligations to the City; has responsibility for enforcement of all City codes, ordinances, and regulations.
• Oversees the selection, training, professional development, and work performance of City staff; oversees the implementation of effective employee relations programs; provides policy guidance and interpretation to staff; serves as the hearing officer for grievances and discipline hearings.
• Ensures that the Council is kept informed of City functions and activities, as well as legal, social, and economic issues affecting City activities.
• Monitors changes in laws, regulations, and technology that may affect City operations; implements policy and procedural changes as required.
• Responds to the most complex, difficult, and sensitive public inquiries and complaints and assists with resolutions and alternative recommendations.
THE POSITION
The City Manager, serving at the pleasure of
the City Council, is the chief executive officer
of the City and directs the development and
implementation of the City’s goals, objectives,
policies, and priorities and is assisted by an
administrative team which includes a contract
City Attorney and department directors and
division managers responsible for Fire, Police,
Public Works, Planning/Building, Finance,
Human Resources, City Clerk, Community
Services, and Information Services.
The City Manager is responsible for the overall
coordination of the City’s governmental
activities as well as communicating
organizational goals and values to the
public. Managerial competence, maturity of
judgment, strong personal leadership, and
the ability to communicate effectively and
positively with the public and the media are
essential.
QUALIFICATIONS
EXPERIENCE: This position requires a
minimum of eight (8) years of progressively
responsible municipal management
experience. California experience is highly
desirable although all highly qualified
candidates are strongly encouraged to submit
career credentials for further consideration.
EDUCATION: A Bachelor’s degree in public
administration, business administration, or
a closely related field is required. A Master’s
degree is desirable. Completion of other
leadership or credentialing programs is also
a plus.
457
BENEFITS
SALARY RANGE: $245,000 to 275,000 DOQ
RETIREMENT: Retirement: Cal PERS 2% at 60
with three highest years and a 7% employee
contribution for classic/legacy members. For
members from a reciprocal agency with a six
month or more break in service, Cal PERS 2% at
62 with three highest years and a 6.75% employee
contribution. The City of Fountain Valley does
not participate in Social Security except for the
mandated Medicare portion.
HEAL TH INSURANCE: The City participates
in the PEMHCA program and pays the medical
and dental premium for the City Manager and
dependents. The City also provides life insurance,
long-term disability, and an employee assistance
program.
AUTO ALLOWANCE : The City provides a city
vehicle.
LEAVE PROVISIONS: The City provides 11 paid
holidays (with one additional floating holiday), 96
hours of annual administrative leave, 12 days of
sick leave annually, and vacation begins accruing
at 80 hours increasing to 200 hours after 15 years
of service.
WELLNESS BENEFIT: Up to $500 per fiscal year.
IDEAL CANDIDATE
The ideal candidate will have extensive municipal experience from a comparable community with similar opportunities
and challenges. Ideally, the right candidate will be an excellent generalist (though experience in economic
development would be a bonus) and have a proven track
record of delivering results.
The ideal candidate will place an emphasis on
communication throughout the organization andcommunity.
The ideal candidate will also need to be energetic, self- confident, and have an open, approachable management
style. The successful candidate will be a diplomatic yet strong leader. They will be able to collaborate effectively with council and staff, will stand behind their decisions, and be transparent and thorough in their communications.
As Fountain Valley continues its upward trajectory, a
passionate leader is needed to help the City realize its full potential. The future City Manager will value all the City has to offer, recognize needs of improvement, and take decisive action to meet the goals of the City Council. A collaborative, experienced, and ethical leader will excel in this role.
Come be a part of the family and see what makes Fountain Valley a nice place to live and work!
APPLICATION AND
SELECTION PROCESS
First Review Date | April 1, 2022
Please contact Bob Hall at (714) 309-9104 should you have any questions regarding this position or the recruitment process.
Application materials will be screened in relation to the criteria described in this brochure. Candidates deemed to be the most highly qualified will be invited to participate in the selection process. The selection process will include phone interviews with the most qualified candidates and final interviews with the City Council. Appointment is subject to completion of a thorough background and reference checks, and pre-employment medical exam.
T o apply for this exciting career
opportunity, please send a
compelling cover letter and your
detailed resume electronically to
[email protected].
458
invites applications for the position of
Director of Finance
City Treasurer
RECRUITING SERVICES PROVIDED BY
Moorpark
California
459
THE COMMUNITY
The City of Moorpark is located in the southeastern part of Ventura County near the cities of Thousand Oaks and Simi Valley, within an hour’s drive to Los Angeles and Santa Barbara, and close to the Southern California beaches. Moorpark is nestled in a flourishing valley with spacious mountain views, a perpetual vacation climate, beautiful residential neighborhoods, cultural arts, shopping, a variety of restaurants, outstanding schools, and the exceptional Moorpark Community College.
The City of Moorpark is a unique blend of natural, historical, and contemporary living and has been consistently named one of the safest cities in the nation. Local residents are proud that Moorpark is a family-oriented community with 19 City parks, abundant open space, hiking and equestrian trails, a golf course, and incredible sunset views.
Moorpark is the perfect blend of country and city living. Additionally, the City of Moorpark strives to attract, retain, and support local businesses, and has been named as among the most tax friendly cities to start a business by the Kosmont-Rose Institute Cost of Doing Business Survey.
The City of Moorpark’s population is approximately 36,326 and the City continues to grow with more than 2,000 new housing units approved for development.
MOORPARK AT A GLANCE
THE CITY
The City of Moorpark was incorporated
in 1983 as a general law city and
operates under the Council-Manager
form of government. The Mayor, who
is separately elected, serves a two-
year term, and the four City Council
members are elected by district and
serve staggered four-year terms.
Moorpark has been rated the 3rd Safest
City in California for two years in a row
by Safewise.com.
Moorpark is Growing
No. 1 Fastest Growing City in
Ventura County for Past 30 Years
Moorpark is Safe
No. 1 Safest City in Ventura County
No. 3 Safest City in California
Moorpark is Business Friendly
No. 1 Least Expensive City to Do
Business in Ventura County
Top 5 Least Expensive Cities to Do
Business in California
Top 50 Best Cities for Jobs in
California
Moorpark is Livable
Top 30 Best Places to Raise a
Family in California
Top 100 Best Small Cities to Live
in America
Median Age:
36 Years
Homeowners: 76%
Households: 11,415
College
Graduates: 42%
52% earn
$100,000 or more
YOUNG
HOMEOWNERS
EDUCATED
WE A LT H Y
460
THE POSITION
Under direction of the City Manager, the Finance Director will assume full responsibility for managing all activities and services of the Finance Department. This includes directing personnel and resources; developing, administering and evaluating projects and procedures to meet organizational needs and ensure smooth and efficient activities; directing the preparation and administration of the City’s Annual Budget; directing and approving various personnel actions, including selection, promotion, performance evaluations and disciplinary actions; and perform other related duties as assigned.
DUTIES
The Finance Department is comprised of 4 divisions: Finance, Purchasing, Emergency Management/Contract Risk Management/ Solid Waste, and Information Systems. Including the Director of Finance, the department has 10 employees. General duties and responsibilities of the Director of Finance include but are not limited to:
• Plans and directs the preparation of the annual City budget, including the forecasting of revenues, expenditures, fund balances, and capital projects needs and the implementation of expense controls during the year.
• Oversees year-end accounting, including the preparation and reconciliation of year end closing financial statements and auditing processes.
• Directs the general accounting, payroll, accounts payable, accounts receivable, purchasing, and contracts administration programs; reviews monthly reports and actual activities to assess the City’s financial position on a continuing basis.
• Evaluates City’s revenues, reserves and cash flow from tax subventions, grants, transfers, business licenses, and other fees; makes short-term investments, monitors daily cash flow and maintains the City’s investment portfolio, while advising the City Manager regarding important trends.
• Establishes Department goals, priorities and timelines for completion of projects and assignments; evaluates department and staff performance in conformance with established
objectives.
• Manages the Purchasing Division, develops and implements purchasing policies and ordinances, and directs coordination of bid processes and fixed assets.
• Oversees the Solid Waste and Recycling Division, plans and implements solid waste collection, waste reduction, and recycling programs and monitors compliance with the City’s Solid Waste Ordinance.
• Manages the Emergency Management Division; and coordinates disaster preparedness and response, emergency related grant funding, emergency planning, and training and public education.
QUALIFICATIONS
Any combination of experience and
training that would likely provide the
required knowledge and abilities may
be qualifying. A typical way to obtain the
knowledge and abilities would include:
• A minimum of six (6) years broad and
extensive experience in public agency
accounting and financial analysis,
including at least three (3) years of
administrative and management
responsibility.
• Graduation from an accredited
college or university with a
Bachelor’s degree in accounting,
finance, business administration, or a
closely related field is also required.
A Master’s degree in a related field is
highly desirable.
• Certification as a Certified Public
Accountant (CPA), Certified
Government Finance Officer (CGFO)
or Certified Government Finance
Manager (CGFM) is highly desirable.
461
APPLICATION AND SELECTION
PROCESS
First Review Date | February 18, 2022
Please contact Bob Hall at (714) 309-9104 should you have any questions regarding this position or the recruitment process.
Application materials will be screened in relation to the criteria described in this brochure. Candidates deemed to be the most highly qualified will be invited to participate in the selection process. The selection process will include phone interviews with the most qualified candidates, panel interview, and final interview with the City Manager. Appointment is subject to completion of a thorough background and reference checks, and pre-employment medical exam.
BENEFITS
• Annual salary range: $135,636.80 -
$182,395.20 with a 2% COLA increase
effective the first pay period in July 2022.
• Insurance: The medical insurance is
through CalPERS and paid by the City
at 100% of the PERS Platinum insurance
Preferred Provider Organization (PPO)
plan family rate. An employee may convert
up to a maximum of $300 per month of the
medical insurance allowance to cash out
or deposit in deferred compensation each
month if not used for medical insurance
cost. Dental and vision for employee and
dependents are 100% paid by the City.
• Short and Long-Term Disability: City-
paid coverage.
• Life Insurance: $150,000 term life
insurance fully paid by the City.
• Retirement Benefits: The City participates
in the California Public Employees
Retirement System (CalPERS) providing
retirement benefits to eligible employees.
For Miscellaneous Classic employees
(employees hired before 1/1/13) with a 2%
@ 55 formula and no required employee
contribution; the City contributes 7%
of base salary for employees’ CalPERS
contribution. “New” members “PEPRA”
(employees hired after 12/31/12) with
a 2% @ 62 formula have an employee
contribution to CalPERS of 6.75% of base
salary.
• Deferred Compensation Saving Plan:
2.5% of gross base salary is paid by the
City.
• Leave: Annual leave (vacation, personal
and sick time hours) is accrued based on
years of service. The City observes 11 ½
days paid legal holiday each calendar year.
• Car Allowance: $310 per month.
• Cell Phone Allowance: $70 per month.
IDEAL CANDIDATE
The ideal candidate for the Finance Director position is a professional with the highest level of integrity, outstanding judgment, leadership and accountability skills. The Finance Director will be collaborative, inclusive, tech savvy, committed to exceptional customer service, and able to motivate and maximize the skills of staff. The ideal candidate will also need to be energetic, self-confident, and have an open, approachable management style.
The candidate will possess strength of character and depth of knowledge to inspire and lead the Finance Department’s talented, dedicated staff. The candidate will be a key member of the Executive Management T eam, provide financial advice to the City Manager and City Council, maintain fiscal stability, administer the payroll, and safeguard the assets of the City.
The City of Moorpark has tremendous stability throughout the organization. Troy Brown is the City’s second ever City Manager and not only leads the organization, but is the ICMA President.
The City is looking for someone with a wealth of experience in accounting and running City investment portfolios, who has the willingness to bring a hands-on approach to the department.
Experience working in dissolution of redevelopment agency, landscape maintenance funding, and comprehensive fee studies is highly desired. Experience working with Incode financial system also a plus.
T o apply for this exciting career opportunity,
please send a compelling cover letter and
your detailed resume electronically to
[email protected].
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1 April 10, 2022
Angelica Zepeda, Deputy Talent and Special Projects Director City of Eastvale, City Hall
12363 Limonite Ave. Suite 910
Eastvale, CA 91752
RE: Proposal for City Manager Recruitment Services
Dear Ms. Zepeda,
Thank you for reaching out to Jacob Green & Associates , Inc (JGA) to provide comprehensive executive search and placement services for the City’s next City Manager. We understand that the City is seeking a new City Manager as quickly and efficiently as possible to maintain organizational stability and oversee numerous projects and programs that are Council priorities.
After gaining Council feedback, we will customize our outreach to ensure we proactively contact potential city manager candidates that may not be seeking a new opportunity but would be a great fit for the organization. We will not depend solely on a website job posting nor glossy flyer to bring the best t alent to Eastvale. Especially important in today’s very tight labor market, we will use Council input to develop a strong and compelling narrative that can be easily conveyed to potential candidates; creating excitement about Eastvale’s Council, community, and staff team.
Having just successfully completed the City of Fontana City Manager recruitment, we will be able to immediately commence the Eastvale search process and tap into our lineup of highly qualified candidates that expressed interest in leading an Inland Empire municipality.
Our executive search team has an extensive city management network. Lead recruiter Greg Devereaux is the former City Manager of Ontario and Fontana, and former Chief Executive Officer of San Bernardino County. Mr. Devereaux has successfully led numerous search engagements in the region and has over 40 years of assessing and appointing lo cal government executives to serve city councils. Mr. Devereaux will help ensure that the needs of the Council, Executive Team, and entire municipal organization are considered during the search process. 463
2 Principal-in-Charge Jacob Green is very familia r with the City of Eastvale and the needs of the organization. In 2018 and 2019, Jacob worked with the City’s organization on leadership development, executive coaching, and work planning initiatives. Mr. Green has served in a variety of Inland Empire exec utive positions including Assistant City Manager of Ontario and he understands Eastvale’s unique commitment to the “Talent and People” of the municipality.
Having attended numerous Eastvale council meetings and special events over the years , Mr.
Green has seen , first-hand, the need for a city manager who is an expert in economic development, sound financial management, and leadership excellence. Mr. Green is actively involved in numerous local government associations including the International City Manager Association (ICMA) and the League of California Cities and regularly lectures and trains in the public sector.
SCOPE OF SERVICES – EXPEDITED PROCESS
Given the City Council’s interest in an expedited process focused on pro -actively find ing and placing a top tier candidate, JGA offers the process below to efficiently conduct the search ; enabling a lower professional fee. Depending on Council and candidate availability , the entire scope can be completed within 90-120 days of kickoff.
JGA will provide the following executive recruitment services:
Step 1: Development of City Manager Position Profile
Consultant will meet with the City Council in closed session to develop a candidate profile and desired qualifications. Alternatively, if desired by the Council, the consultant can meet with each individual councilmember to receive the input. A needs analysis will be conducted to best understand the current issues, challenges, and opportunities that face the city.
Step 2: Outreach & Recruiting
Consultant will conduct one -on-one outreach to prospective candidates that fit the agreed upon candidate profile. Process may attract top candidates both locally and nationally who best satisfy the requirements and qualifications of the position using methods to ensure that competitive candidates from diverse backgrounds apply.
Concurrently, City will advertise for the position in relevant city management publications and forums as required. We consider our team to be pro -active headhunters and City champions; not dependent on a glossy brochure to attract the best fit.
Consultant will evaluate results of pro -active outreach and review any applications received by the City. Consultant will conduct preliminary interviews and if determined to 464
3 be a potential match for the City Manager position, a profile of candidate’s experience, strengths and opportunities will be developed.
Step 3: City Manager Interviews
Consultant will coordinate with the City of Eastvale’s Talent Attraction and Development Department to establish the City's interview process for selected candidates. Consultant will attend and facilitate interview process including assisting with the preparation of interview questions and other best practice assessment techniques that may be used to evaluate candidates.
Step 4: Assistance with Contract Negotiations
Consultant may conduct negotiations with the final candidate on behalf of the Council if desired. Final contract to be approved by the Council.
OUR TEAM
JGA’s Team Video Link: Jacob Green and Associates - JGA - Your First Call
GREGORY C. DEVEREAUX, JD
SE N IO R REC RUI TE R
Greg Devereaux served in state and local government for 40 years, holding a variety of leadership positions including City Manager of both Fontana and Ontario, where he worked with the city councils to improve each city’s finances, as well as Chief Executive Officer of San Bernardino County where he helped the Board of Supervisors lead the County in a new direction which emphasized fiscal responsibility and working as a team. He worked with the Board and the San Bernardino Associated Governments in a community -driven effort to develop a Countywide Vision. Greg is a Past President of the California Redevelopment Association and has served on numerous committees at both the League of California Cities and the California State Association of Counties. In 2009, he was appointed by the California Air Resources Board to the Regional Targets Advisory Committee on greenhouse gas reduction under SB 375.
465
4 JACOB GREEN, MPA
PRINCIPAL -IN -CHARGE – PRESIDENT & CEO
Jacob is a nationally recognized local government expert in organization and leadership development. As an Assistant City Manager for the City of San Juan Capistrano and the City of Ontario, he has managed hundreds of employees and managed numerous government departments. As a trainer, keynote speaker, facilitator and coach, Jacob has worked with municipal clients, as well as commercial clients such as Mattel, FedEx, Hyundai Capital, ADP and many others. In 2019, Jacob distilled his personal and professional experiences into an Amazon Best-Selling book: “See Change Clearly:
Leveraging Adversity to Sharpen Your Vision and Build Resilient Teams.” Jacob has received numerous awards for his leadership, including the Nation al Caring Award, the Orange County Human Relations Award, Most Inspiring Student at UC Irvine, and is the youngest recipient of the Gene Lentzner Humanitarian Award. Jacob has his Bachelor of Arts in Social Sciences with a Minor in Management from the Univ ersity of California, Irvine, his Master of Public Administration (MPA) degree from California State University, Long Beach, and was recently awarded an honorary doctorate degree from Western University School of Health Sciences.
NICOLI HILSCHER
B USI NE SS O PE RA TIO N S MA N AG E R
Nicoli Hilscher has over 21 years of experience in Federal and Local Government. She retired from the United States Air Force in the top two percent of the active enlisted force, as a Senior Master Sergeant. Nicoli has an extensive background in Leadership Development, Training, Facilitation, Project Management, and Instructional Development. She has held positions internationally in various levels of leadership providing long -term organizational growth in diverse, fast paced environments. Nicoli is a cr oss-functional leader overseeing operations, professional development, and recognition programs for organizations ranging from 20 to 300 personnel. She oversees JGA’s Project Management Office, ensuring high quality service delivery to all JGA clients.
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5 COST
The Professional Fee for conducting the City Manager recruitment is $22,500. The professional fee covers all JGA time and travel required to conduct the recruitment as defined in the scope of services above. There are no hidden/additional JGA service fees.
Exclusions
• Cost of all materials provided digitally is included. However, printing of materials if desired by City is not included and will be invoiced separately. • City responsible for all costs associated with publication of position. • Cost of third-party background services is not included and shall be handled by City for final candidate if desired.
• Cost of candidate travel if desired by City is not included and shall be handled by City if desired.
Payment Schedule
1. Execution of Agreement - 30% of Professional Fee
2. Completion of Council Interviews of Finalists – 30% of Professional Fee
3. Once City Manager Contract is Approved – 40% of Professional Fee
Guarantee
JGA will guarantee that if the selected finalist is terminated or resigns within twelve months from the employment date, JGA will conduct one replacement search with no additional professional fee. The only cost to the City would be for the excluded expenses listed above.
Thank you very much for the opportunity to partner with the City of Eastvale.
Sincerely,
Jacob Green, President & CEO
Jacob Green & Associates
467
A Proposal to Conduct an
Executive Recruitment for the Position of
CITY MANAGER
On behalf of
CITY OF EASTVALE
April 13, 2022
Primary Contact:
Nelson Fialho
Renne Public Management Group
[email protected]
350 Sansome Street, Suite 300
San Francisco, CA 94104
415-231-6248
rennepublicmanagement.com
468
City of Eastvale
1 April 13, 2022
Ms. Angelica Zepeda
Deputy Talent and Special Projects Director
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Dear Ms. Zepeda:
Thank you for the opportunity to submit our recruitment proposal for the position of City Manager for the City of Eastvale. Renne Public Management Group (RPMG) has the expertise and skills necessary to provide this assistance and we would be pleased to do so.
Renne Public Management Group (RPMG) is a division of the Renne Public Law Group (RPLG) based in San Francisco. The firm’s attorneys, public policy experts, and management consultants provide services and solutions for most of the pressing needs and challenges facing local governments, special districts, and nonprofits. We have extensive executive management recruitment experience and feel well-suited to meet your needs on this search.
The business goals of the firm are centered on producing quality results and establishing long-term relationships with our clients. Personalized service and inclusivity have never been more important in our industry as the competition for outstanding talent continues to intensify. With our extensive network and incomparable approach to client and candidate care, our team consistently produce outstanding results. As a result, most of our business is a result of repeat customers. RPMG is not driven by volume which helps set us apart from our competitors. We are committed to providing customized and flexible service to our clients and will only take on a select number of recruitments at any given time. Detailed information about the firm and our clients is available on our website -- https://rennepubliclawgroup.com/clients/
You have my personal commitment that your City Manager recruitment will receive the highest level of attention. Due to my familiarity with the city manager profession and personal knowledge and understanding of city government, I plan to personally lead and manage all aspects of the recruitment from start to finish. Please do not hesitate to call if you have any questions or need additional information regarding our services or qualifications.
Sincerest regards,
Nelson A. Fialho
Executive Director, RPMG
469
City of Eastvale
2 RPMG -- Overview
RPMG is a successful and service focused managemen t consulting firm based in San Francisco, California. The firm specializes in Executive Search, Labor Relations, and Human Resources/Management Consulting. It also makes available to clients comprehensive “wrap-around” services in highly specialized areas of employment law and public policy advocacy to compliment, when necessary, its management consulting services.
RPMG is led by Executive Director Nelson Fialho. Mr. Fialho provides the firm with direct experience and knowledge in leadership and management of complex organizations, having previously served as a City Manager. His expertise in executive, technical and public and non-profit recruitments, which he gained during his 31 years in local government as a chief executive and human resources professional, provides the basis for many of the recruitment strategies utilized by the firm. He will be aided by RPLG Principal Founding Partners Jo n Holtzman and Art Hartinger (profiles below) throughout the entire recruitment process.
Firm Qualifications/Experience – What Differentiates RPMG Exceptional service delivery and a very high-quality wo rk product provide excellent results for our clients. This begins with the initial client meeti ngs, which lead to detailed timelines for deliverables followed by routine recruitment status updates fo llowing initiation of the search. Our candidate outreach efforts are professionally and confidentially conducted. The evaluation materials we provide clients are routinely characterized as accurate, comprehensive and of remarkably high quality. This is largely based on our interview system utilizing behavioral interview techniques, which we describe in our recruitment plan below. This leads to a quality product with excellent results for our clients.
The service element is based on two factors: The first is the collective service philosophy from all of our organizational team members. They are each dedicated to providing service and support to clients.
The second factor is based on the elevated level of engagement and participation from the firm Principals in every search assignment. This di rect involvement includes client interface, identifying and developing the ideal candidate profile and position specification, development of the search strategy, candidate outreach, interviewing and assessment, completion of reference interviews, candidate presentation, final interview facilitation and when desired, negotiation of employment terms with the successful candidate, including an employment contract.
Recruitment Team for City of Eastvale
Nelson Fialho will serve as the Project Lead for this assignment and will be assisted by Jon Holtzman and Art Hartinger. Mr. Fialho will be personally involved in the initial client meetings, development of the ideal candidate profile and search strategy, interviewing and assessment of candidates, the presentation of candidates, attendance at final inte rviews and will be available throughout the search process to provide other related consulting services.
Recruitment Approach and Methodology:
1. Position Profile and Organizational Assessment
The initial assessment phase is a critical component of the search process. Mr. Fialho will individually meet with the Mayor and Council, department heads, and with other senior staff (as deemed appropriate) to discuss the organizational needs and position requirements and to formalize the job announcement and brochure.
We also understand that some cities are committed to engaging various community groups and stakeholders in determining the ideal profile for the new City Manager. If this is a priority for the Mayor and City Council, we can utilize various approaches in reaching out to the served 470
City of Eastvale
3 community to solicit their insights/inputs regarding the ideal City Manager. The ideal approach is stakeholder meetings or conducting a “targeted” outreach effort to key stakeholders identified by the Mayor and City Council. Any of these stakeholder outreach efforts can be incorporated into our recruitment model. We would include the City Council’s preferred approach as part of our Scope of Services at no additional charge.
Our goals in securing the collective insights from our meetings are to:
Understand the priorities of the position.
Develop a clear understanding and consensus on the expertise, experience, education, performance attributes and operational style of the ideal candidate. Discuss the goals, objectives, deliverables, and challenges related to this position. Gain insight of the various organizational dynamics and issues that exist within the organization.
Identify the compelling aspects to this opportunity
The formal recruitment announcement that includes the ideal candidate profile would be developed from the above discussion and incorporated into the formal position announcement.
The candidate profile is also utilized as a marketing tool for advertising, postings and for other announcements.
2. Development of the Search Strategy
Our search strategy will be developed in conjunction with the organizational assessment. The final approach is based on your input and considerations during the assessment activity. We would incorporate the following elements into this search:
Original research, which consists of identification and contact of current incumbents or other candidates who meet the profile but are not actively seeking other employment.
Development of a targeted candidate list based on our extensive database of key executive contacts, referrals and recommendations from key sources, and other current and former executives working in local government that have extensive contacts and networks in California. We also make extensive use of Linked-In Recruiter and email/phone contact in our proactive outreach efforts to solicit interest from potential candidates.
Public information sources that include various professional associations and membership listings.
An extensive mailing campaign to current City Managers, Assistant City Managers, Deputy City Managers and Department Heads throughout California. Print publications to various affiliated professional organizations. Internet job postings on relevant bulletin boards, association-based websites, and our company website.
3. Candidate Assessment
Our assessment process involves several “tiers” of evaluation. All candidates responding to this position will initially be evaluated based on their resume and if appropriate, an extensive phone “screening” by the Project Lead. Candidat es who pass the initial “qualifying” criteria are then scheduled for a formal interview with Mr. Fialho. These extended personal interviews typically take one hour and a thorough disc ussion of their experience, accomplishments, management philosophy, and interpersonal style takes place. 471
City of Eastvale
4 In interviewing candidates, we utilize a met hodology based on “behavioral” interview techniques. Fundamentally, this approach explores a candidate’s past accomplishments and experience that relate to the position being considered. The philosophy here is that the best indicator of future performance is to evaluate past behavior. This methodology allows the firm to “project” how a candidate would approach and address the key challenges in the new position.
Those candidates who best fit the position re quirements will have a Candidate Assessment Report developed by the Project Lead. Additio nally, two initial reference interviews are performed on these candidates. The reference interviews provide our clients with additional insights on the candidate’s “behavior” and style.
4. Candidate Presentation
Based on a predetermined date to meet and present candidate recommendations to the Mayor and City Council, Mr. Fialho will provide an overview of the recruitment and present our recommendations. We feel our extensive qualifications, interview and reference interviewing process, and the knowledge gained during our initial assessment period; enable our client to proceed with fewer rather than more finalists. However, we will not restrict or limit the number of candidates recommended as this decision is related to the overall strength and depth of the candidate pool.
The final candidates are presented in our extensive candidate presentation “book.” Each finalist will have a file consisting of a candidate summary sheet, the submitted cover letter and resume, the Candidate Assessment report (based on the “behavioral” interview), and two candidate reference interviews. This extensive profile on each recommended candidate continually generates positive feedback from our clients as it provides extensive detail beyond just a resume.
The Candidate book also identifies other candidates who were given secondary consideration, which provides the client insight on others who were interviewed. Candidate summary sheets are created for everyone who submitted a resume would also be included. This provides the client an insight to the level and nature of response for their position.
5. Selection Process
At the conclusion of the candidate presentation, it is anticipated the final candidate interview group will be determined by the Mayor and City Council. At that time, Mr. Fialho will also help finalize the Council’s desired interview process. Thereafter, we will coordinate the final interview logistics.
Our firm will develop interview schedules, no tify candidates of status, and provide travel guidance (if any), related to the interview process. We will develop potential interview questions and be in attendance during the final interviews to help facilitate the process and to lead an end of day debrief and evaluation process. Based on the desired consideration process, our firm will coordinate all necessary logistics for each phase of the process.
6. Position Closure and Follow-Up
Based on the firm’s experience in human resource management and executive search, we can assist our clients in formulating appropriate compensation and other employment arrangements, including an employment contract for the City Council’s consideration. We will be available throughout our retention to assist in this process. 472
City of Eastvale
5 As a matter of policy, RPMG monitors the tr ansition and progress of any executive we place with a client. Within the first three to six months following the hired individual joining the City of Eastvale, we will speak with that indivi dual to ensure the transition has effectively occurred. During that period, if desired, we w ill also review the individual’s status with the full City Council.
NOTE: RPMG also offers onboarding services under a separate contract/proposal, if desired by the Mayor and City Council. In this instance, Mr. Fialho and his team would facilitate the development of realistic/measurable policy and operational outcomes with the Mayor and City Council, new City Manager, and selected senior staff - including the production of an initial roadmap/workplan and milestones to assist the City Council with first-year City Manager performance review. This service also includes Council/City Manager and City Manager/Senior Staff team building/onboarding, prior to the development of a roadmap/workplan for the Council’s consideration. Pricing for these services is available upon request.
Recruitment Timeline
We have the capacity to initiate a new recruitment, as follows:
1. Search Initiation, Marketing and Advertising Development – Weeks 1-4 Initial meetings with the Mayor and City Counc il and senior staff to define the ideal candidate profile
Develop draft of recruitment brochure for approval by client Recruitment strategy finalized
Determination of advertising scope and placement deadlines Brochure designed and printed
2. Marketing, Advertising and Outreach Period – Weeks 4-10 Mailing of brochures
Professional publications
Linked-In, etc.
Targeted outreach to qualified candidates and organizations
3. Candidate Review, Screening and Finalist Selection – Weeks 9-12
4. Development and finalize interview process/questions – Weeks 13-14
5. 1st Round Interviews with Mayor and City Council – Week 15
6. Finalist(s) 2nd Round Interviews with Mayor and City Council – Week 16
7. Reference checks – Week 17
8. Appointment Offer/Acceptance – Week > 18
9. Report to Work/Date – Week > 18
Consulting Fee
Based on the services described in this proposal, the professional services consulting fee for this recruitment will be $30,000. We would provide our first consulting invoice in the amount of $12,000 at the outset of the search. A second invoice of $12,000 would be billed with the presentation of candidate recommendations, and final invoice of $6, 000 for the retainer will be submitted at the 473
City of Eastvale
6 completion of the search. The consulting fee will be inclusive of all services defined within this proposal unless otherwise stated.
In the addition to the Professional Services Fee, no rmal and direct out-of-pocket expenses associated with the search are charged back to the client. Expenses for this assignment would not exceed $10,000 without the express consent of the City Councils. Thes e expenses include advertising, clerical time, supplies, printing, telephone, postage, background checks and consultant travel for client discussions, meetings, local and out-of-area candidate interviews. All expense items are reimbursed “at cost” and will be detailed and billed monthly.
Guarantee and Ethics
Whenever RPMG is retained, we make several guarantees and commitments to our client. Due to our experience, knowledge, and success within the man agement-human resources-consulting field, we assure a client that we will only present candi dates who meet a substantial majority of the ideal qualifications that you have outlined. We are also committed to continue our search efforts until a successful candidate is employed.
During our placement efforts, we openly share any relationships, previous experience, and knowledge for any candidate we present for consideration. Our commitment and responsibility are to our clients and their best interests.
It is also our practice to replace a candidate wh o may voluntarily resign during the first year of employment. This same commitment applies if the client finds it necessary to terminate or to request the resignation of the selected individual in the first year for any reason. In either case, we invoice a client only for out-of-pocket expenses incurred in identifying a replacement.
Insurance
The list of relevant insurance policies and coverage amounts carried by the firm are as follows:
Certificates Expire and Renew in March of Each Year
Umbrella Liability $10,000,000 Each Occurrence
$10,000,000 Aggregate
Auto Liability: $1,000.000 Non-Owned & Hired Autos Only Commercial General Liability: $1,000,000 Each Occurrence $2,000,000 General Aggregate
$2,000,000 Products-COMP/OP AGG /Cyber
Professional Liability Insurance: $2,000,000 Each Claim $4,000,000 Aggregate Limit
Workers Compensation $1,000,000 Includes Waiver of Subrogation as applicable
Project Team Bios
Nelson Fialho
Nelson Fialho serves as the Executive Director of RPMG and leads the firm’s Financial Management, Human Resource, Executive Search and Complex Project Management practice areas. Prior to RPMG, Nelson served the Cities of Pleasanton, Campbell, San Dimas and Hayward in various leadership and management capacities, including as City Manager, A ssistant City Manager, Deputy City Manager, and Director of Human Resources and Labor Relations. He served 17-years as the City Manager of 474
City of Eastvale
7 Pleasanton where in partnership with elected offi cials and community members he helped transform the City into one of California’s premier communities to live, work and raise families. His executive search experience is extensive, ranging from successful placements of Police Chiefs, Fire Chiefs, and Public Works Directors in the public sector to Chief Executive Officers, Executive Directors, and Controllers in special districts and nonprofits.
Nelson has a bachelor’s degree in Political Science and Economics and a master’s degree in Public Administration from California State University, Eas t Bay. He is also a graduate of the Harvard Kennedy School-Senior Executives in State and Local Government Program Jon Holtzman
Jonathan (Jon) Holtzman is a founding partner of Renne Public Law Group, and was previously a founding partner of Renne Sloan Holtzman Sakai LLP. Since 2005, and every year since, Mr. Holtzman has been named a “Northern California Super Lawyer.”
Mr. Holtzman’s practice focuses on assisting government agencies maintain and expand public services through strategic consulting, negotiations , fact finding, arbitration and litigation. He specializes in addressing long-term structural issues relating to pensions, health benefits, retirement health benefits, civil service reform, and other means of attaining greater managerial discretion and effectiveness through collective bargaining and reorganization. He frequently speaks and writes on matters pertaining to municipal bankruptcy, ballot initiatives, interest arbitration, bargaining, fact finding, comparability, fiscal analysis for bargaining, and pension and retirement medical programs.
Art Hartinger
With a practice focused on labor and employment law for over 33 years, Arthur (Art) Hartinger is one of California’s leading labor and employment attorneys. He is a founding partner of Renne Public Law Group, and was previously a partne r at Renne Sloan Holtzman Sakai LLP. Since 2004, he has been recognized each year as a “Northern California Super Lawyer” and was one of the Daily Journal’s “Top 75 Labor & Employment Attorneys” in 2013. He was also selected by the Daily Journal as one of the “Top 20 Municipal Lawyers in California” for 2011, 2012, and 2013, and in 2012 he was named one of the “Top 100 Lawyers in California.”
Prior to working at Renne Sloan Holtzman Sakai, Mr. Hartinger was a partner at Meyers Nave, where he chaired the Labor and Employment Group for sixteen years. He also worked as a partner at Liebert, Cassidy & Frierson, a Deputy City Attorney at the San Francisco City Attorney’s Office, and an associate at Brobeck, Phleger & Harrison.
475
5800 Stanford Ranch Road
Suite 410
Rocklin, California 95765
916.630.4900
w w w . r a l p h a n d e r s e n . c o m
April 21, 2022
Mayor Clint Lorimore
and Members of the City Council
City of Eastvale
12363 Limonite Ave., Suite 910
Eastvale, California 91752
Via Email: [email protected]
Dear Mayor Lorimore and Members of the City Council:
Ralph Andersen & Associates is pleased to submit this proposal to conduct a search for the position of City Manager for the City of Eastvale.
The City of Eastvale is seeking an executive search firm to assist the City Council in the search and selection of a City Manager. If selected to conduct this search, the City will have Mr. Fred Wilson as Project Director. As a former City Manager with over 35 years of experience including 20 years serving as a City Manager in different communities, Mr. Wilson is highly qualified to lead this search.
Based in Southern California, Mr. Wilson is readily available to start the project while also available to attend on site client meetings, as necessary.
Additionally, Mr. Wilson has recently successfully conducted City Manager recruitments for the following California cities: Barstow, Buellton, Foster City, Grand Terrace, La Palma, Los Altos, Compton, Pomona, Sierra Madre, and Upland.
He is currently working with the City of Norco on their recruitment for a new City Manager.
Mr. Wilson, Project Director, can be contacted as follows:
Mr. Fred Wilson
Senior Consultant
Ralph Andersen & Associates
5800 Stanford Ranch Road, Suite 410
Rocklin, California 95765
office (916) 630-4900
cell (714) 421-3258
email [email protected]
website www.ralphandersen.com
We utilize a team approach to executive recruitments, combining the efforts of our 17-member search team to produce the best results for our clients. The executive recruitment techniques used by Ralph Andersen & Associates have been developed and used successfully with hundreds of clients for more than 50 years. With the reputation of Ralph Andersen & Associates you will have the opportunity to consider candidates located throughout California as well as from across the nation.
Our proposal outli nes the firm’s experience in conducting City Manager recruitments, the methodology/work plan and timeline to accomplish the search tasks, as well as the cost to conduct a comprehensive search.
We are proud of how we market and represent our clients; all o f the design and graphics of our marketing material is done in -house so we can control the quality and production timing. To see 476