LA MESA CITY COUNCIL
AGENDA
A Regular Meeting
Date: Tuesday, October 10, 2023, 6:00 p.m.
Location: City Council Chambers, 8130 Allison Avenue
La Mesa, California
Elected
Officials:
Mayor Mark Arapostathis
Vice Mayor Laura Lothian
Councilmember Patricia N. Dillard
Councilmember Colin Parent
Councilmember Jack Shu
City Treasurer Matthew Strabone
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
The City Council meeting may be viewed in-person or live on Cox Cable Channel 24 (within La Mesa City limits), AT&T U-Verse Channel 99 (in the San Diego Region), the City’s website (www.cityoflamesa.us), Facebook Live (www.facebook.com/lamesaca) or using the following Zoom Webinar options:
The public may view the meeting live using the following remote options:
Teleconference Meeting Webinar
https://us06web.zoom.us/j/84472650722
Telephone (Audio only)
(669) 900-6833 or (253) 215-8782 Webinar ID: 844 7265 0722 Copy and paste the webinar link into your internet browser if the webinar link does not work directly from the agenda.
PUBLIC COMMENTS
In-Person comments during the meeting: Join us for the City Council meeting at the time and location specified on this agenda to make your comments. Please complete a “Request to Speak” card and submit it to the Council Hostess. When the Mayor calls your name, step to the podium and state your name for the record. Comments will be limited to three (3) minutes.
•
Zoom Audio Comments: To provide oral public comments during the meeting, join the Zoom meeting by computer, mobile phone, or dial in number. On Zoom video conference by computer or mobile phone, use the “Raise Hand” feature. This will notify the moderator that you wish to speak during a specific item on the agenda or during non-agenda Public Comment. Members of the public will not be shown on video but will be able to speak when called upon. If joining the meeting using the Zoom dial-in number, you may raise your hand by pressing *9. Comments will be limited to three (3) minutes. No further comments will be entertained after the Mayor closes public comment. •
How to submit eComments: eComments are available once an agenda is published.
Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until 24 hours prior to the meeting. eComments are limited to 500 words. eComments may be viewed by the City Council and members of the public following the close of the eComment submission period (24 hours prior to the meeting). Email your comment to [email protected] if you have difficulty submitting an eComment. eComments will not be read aloud as a regular meeting item; however any member of the Council or member of the public may do so during their respective comment time. •
PLEASE NOTE: Public Comment will be limited to 3 minutes per item. The timer begins when the participant begins speaking. Time cannot by combined or yielded to another speaker.
Citizens who wish to make an audio/visual presentation pertaining to an item on the agenda, or during Public Comments, should contact the City Clerk’s office at 619.667.1120, no later than 12:00 p.m., the Monday prior to the meeting day. Advance notification will ensure compatibility with City equipment and allow Council meeting presentations to progress smoothly and in a consistent and equitable manner. Please note that all presentations/digital materials are considered part of the maximum time limit provided to speakers.
Agenda reports for items on this agenda are available for public review at the City Clerk's Office, 8130 Allison Avenue, during normal business hours.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 8130 Allison Avenue, during normal business hours.
ACCESSIBILITY: The City of La Mesa encourages the participation of disabled individuals in the services, activities and programs provided by the City. Individuals with disabilities, who require reasonable accommodation in order to participate in the City Council meetings, should contact the Administrative Services Department 48 hours prior to the meeting at 619.667.1175, fax 619.667.1163, or [email protected].
Hearing assisted devices are available for the hearing impaired. A City staff member is available to provide these devices upon entry to City Council meetings, commission meetings or public hearings held in the City Council Chambers. A photo i.d. or signature will be required to secure a device for the meeting.
Pages
1. CALL TO ORDER
1.1 INVOCATION - MAYOR ARAPOSTATHIS
1.2 PLEDGE OF ALLEGIANCE
2. REPORT FROM CLOSED SESSION
3. CITY MANAGER COMMENTS
4. COMMUNITY BULLETIN REPORTS
5. ADDITIONS AND/OR DELETIONS TO THE AGENDA
6. PRESENTATION
6.1 PROCLAIMING THE WEEK OF OCTOBER 8-14, 2023 AS FIRE
PREVENTION WEEK
7. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
NOTE: In accordance with state law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take any action on the item at this meeting.
If appropriate, the item will be referred to Staff or placed on a future agenda.
8. CONFLICT DISCLOSURES
9. BOARD AND COMMISSION INTERVIEWS
9.1 ANNUAL INTERVIEW OF APPLICANTS FOR OPENINGS ON THE
YOUTH ADVISORY COMMISSION
1 Staff Reference: Ms. Wiegelman
10. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which members of the Council or audience may pull items from the CONSENT CALENDAR for discussion. Public Comments are also invited on Consent Calendar items.
11. CONSENT CALENDAR
(Items 11.1 through 11.6)
The Consent Calendar includes items considered to be routine. Unless discussion is requested by members of the Council or audience, all Consent Calendar items may be approved by one motion.
Recommended Motion:
Approve Consent Calendar Items 11.1 through 11.6.
11.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT
OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:
Approve.
11.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, SEPTEMBER 12, 2023
4 Recommended Motion:
Approve.
11.3 RATIFICATION OF DESIGN REVIEW FOR PROJECT 2022-0965 (LA
MESA VIEW LLC)
11 A PROPOSED 40-UNIT RESIDENTIAL APARTMENT DEVELOPMENT AT 4400 PALM AVENUE, APN 494-641-09-00 IN THE RB-P-D-MU (RESIDENTIAL BUSINESS/SCENIC PRESERVATION OVERLAY/
URBAN DESIGN OVERLAY/ MIXED USE OVERLAY) ZONE
Staff Reference: Ms. Santos
Recommended Motion:
Approve.
11.4 RESOLUTION AUTHORIZING A THREE-YEAR WAIVER OF THE
SPECIAL EVENT FEE AND PARK FEES AND CONTINUED CITY
SUPPORT FOR THE LA MESA JUNETEENTH AND FRIENDS
JUBILEE
74 Staff Reference: Ms. Wiegelman
Recommended Motion:
Adopt Resolution.
11.5 RESOLUTION APPROVING A CHANGE ORDER TO KTUA FOR
MACARTHUR PARK MASTER PLAN PROJECT
77 Staff Reference: Ms. Richardson
Recommended Motion:
Adopt Resolution.
11.6 RESOLUTIONS RELATED TO THE APPROVAL OF THE MASTER
PLAN FOR A PROPOSED PARK AT WAITE DRIVE
84 Staff Reference: Ms. Richardson
Recommended Motion:
Adopt Resolutions.
a. RESOLUTION APPROVING THE INITIAL STUDY AND
ADOPTING THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM
RELATED TO THE PARK AT WAITE DRIVE MASTER PLAN
Recommended Motion:
Adopt Resolution.
b. RESOLUTION APPROVING THE PARK AT WAITE DRIVE
MASTER PLAN
Recommended Motion:
Adopt Resolution.
12. STAFF REPORT
12.1 CONSIDERATION AND POSSIBLE APPROVAL OF RESOLUTION
AUTHORIZING THE EXECUTION OF THE DRAFT AGREEMENT
WITH FLOCK GROUP, INC. FOR THE PURCHASE AND
INSTALLATION OF AUTOMATED LICENSE PLATE READERS
144
Staff Reference: Chief Sweeney
Recommended Motion:
(1) Adopt Resolution to award the purchase and installation of 20 automated license plate reader cameras to Flock Group, Inc.; and (2) Authorize the execution of the agreement with Flock Group, Inc. in substantial form subject to the final review and approval of the City Manager and City Attorney.
13. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
14. AB 1234 REPORTS (GC 53232.3 (d))
15. CITY ATTORNEY REMARKS
16. ADJOURNMENT
DATE: October 10, 2023
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: ANNUAL INTERVIEW OF APPLICANTS FOR OPENINGS ON THE
YOUTH ADVISORY COMMISSION
Attached are applications from citizens who wish to be considered for appointment or reappointment to the Youth Advisory Commission. The applicants have been invited to attend the meeting and make a brief three-minute presentation describing their qualifications and interest in serving on the Commission.
The applicants will be called forward for their interviews by the City Clerk. After each presentation you may ask questions of the applicants, if you wish.
The appointments will be made at the City Council meeting on October 24th.
Attachments
Youth Advisory Commission: 11 positions – two-year terms One appointee will fill the position with terms expiring September 30, 2024; two appointees will fill the alternate positions with terms expiring September 30, 2024; five appointees will fill the positions with terms expiring September 30, 2025; and three appointees will fill the alternate positions with terms expiring September 30, 2025.
Members must be between the ages of 13 and 20 years and reside within the City of La Mesa or attend school in the City of La Mesa.
First Appointed Number of Terms
Aydan Carey
Zaida Donnelly 04/26/22 Partial
Shannon Elwin
Lamek Eyasu
Sonija Lam
Sophia Marin
APPLICATIONS ARE AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE
1 La Mesa City Council
Minutes of a Regular Meeting
Date:
Location:
September 12, 2023, 6:00 pm
City Council Chambers, 8130 Allison Avenue
La Mesa, California
Present: Mayor Arapostathis
Vice Mayor Lothian
Councilmember Parent
Councilmember Shu
Absent: Councilmember Dillard
Staff: City Manager Humora
Assistant City Manager Lee
City Attorney Sabine
City Clerk Wiegelman
_____________________________________________________________________
1. CALL TO ORDER
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting.
The Agenda Items were considered in the order presented.
Mayor Arapostathis called the meeting to order at 6:00 p.m.
1.1 INVOCATION - COUNCILMEMBER SHU
1.2 PLEDGE OF ALLEGIANCE
2. CITY MANAGER COMMENTS
There were no comments.
3. COMMUNITY BULLETIN REPORTS
The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.
2 4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.
5. PRESENTATIONS
5.1 PROCLAIMING SEPTEMBER AS NATIONAL PREPAREDNESS
MONTH
Mayor Arapostathis read the proclamation proclaiming September as National Preparedness Month.
5.2 CITY OF LA MESA STRATEGIC PLAN PRESENTATION
City Manager Humora made opening comments and introduced Nancy Hetrick, Managing Director, Baker Tilly US, who provided a PowerPoint presentation on the City of La Mesa's Citywide Strategic Plan 2023-2028, highlighting the strategic planning process, the Vision and Mission statements, the organizational values, the goals and strategies, and the next steps.
Council questions and comments ensued.
6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Brenda Hammond spoke regarding harassment and the meaning behind her humpty dumpty stuffed toy.
7. CONFLICT DISCLOSURES
There were no conflict of interest disclosures.
8. BOARD AND COMMISSION APPOINTMENTS
8.1 RESOLUTION APPOINTING A MEMBER TO FILL A VACANCY ON
THE DESIGN REVIEW BOARD
Mayor Arapostathis nominated Christopher Langdon for reappointment to the Design Review Board.
Resolution No. 2023-103
Moved By Mayor Arapostathis
Seconded By Councilmember Parent
Approve the reappointment of Christopher Langdon to the Design Review Board and adopt Resolution confirming the appointment.
For (4): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Parent, and Councilmember Shu
Approved (4 to 0)
3 8.2 RESOLUTION APPOINTING A MEMBER TO FILL AN UNSCHEDULED
VACANCY ON THE COMMUNITY SERVICES COMMISSION
Mayor Arapostathis explained the nomination process for the Community Services Commission.
The Council began the open nomination process for one position on the Community Services Commission.
City Clerk Wiegelman announced the nominations as follows:
Round 1:
Mayor Arapostathis nominated Jana Schwartz
Vice Mayor Lothian nominated Andrew Reeves
Councilmember Parent nominated Andrew Reeves
Councilmember Shu nominated Andrew Reeves
City Clerk Wiegelman announced that Andrew Reeves received a majority nomination.
Resolution No. 2023-104
Moved By Mayor Arapostathis
Seconded By Councilmember Parent
Approve the appointment of Andrew Reeves to the Community Services Commission and adopt the Resolution confirming the appointment.
For (4): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Parent, and Councilmember Shu
Approved (4 to 0)
9. PUBLIC COMMENTS ON CONSENT CALENDAR
There were no public comments on Consent Calendar.
10. CONSENT CALENDAR
(Items 10.1 through 10.8)
Moved By Mayor Arapostathis
Seconded By Councilmember Parent
Approve Consent Calendar Items 10.1 through 10.8.
For (4): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Parent, and Councilmember Shu
Approved (4 to 0)
4 10.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF
ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Approve.
10.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD TUESDAY, JULY 25, 2023
Approve.
10.3 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, JULY 25, 2023
Approve.
10.4 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR
MEETING, LA MESA PUBLIC FINANCING AUTHORITY SPECIAL
MEETING, AND CITY OF LA MESA SUCCESSOR AGENCY SPECIAL
MEETING HELD TUESDAY, AUGUST 8, 2023
Approve.
10.5 RESOLUTION TO AWARD THE OUTFITTING OF POLICE VEHICLES
TO AEP CALIFORNIA, LLC
Resolution No. 2023-105
Adopt Resolution.
10.6 RESOLUTION TO AWARD THE PURCHASE OF A 2023 FORD MACHE ELECTRIC VEHICLE AND A 2023 FORD EXPLORER HYBRID TO
SEDANO FORD
Resolution No. 2023-106
Adopt Resolution.
10.7 APPROVAL OF THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR LA MESA TRACT NO. 14-01
RESOLUTION APPROVING THE FINAL MAP, AUTHORIZING THE
EXECUTION OF THE SUBDIVISION AGREEMENT, AND APPROVING
THE SECURITY FOR LA MESA TRACT NO. 14-01, A TEN-LOT
SUBDIVISION OF PROPERTY ON RIVIERA DRIVE IN THE R1S-NP2 ZONE (APN 499-171-26-00, 499-171-28-00, 499-171-34-00, AND 499- 191-37-00)
Resolution No. 2023-107
Adopt Resolution.
5 10.8 RESOLUTION TO AWARD FIRST RENEWAL OPTION OF ANNUAL CONTRACT INCLUDING CPI INCREASE FOR 2023 CONCRETE
MAINTENANCE PROJECT TO PORTILLO CONCRETE INC.
Resolution No. 2023-108
Adopt Resolution.
11. STAFF REPORT
11.1 LA MESA VILLAGE ENHANCEMENT FUND PROGRAM
CONSIDERATION OF LA MESA COMMUNITY PARKING COMMISSION
RECOMMENDATION FOR LA MESA VILLAGE ENHANCEMENT FUND
PROGRAM FUNDING AND APPROVING RESOLUTION
APPROPRIATING $201,000 FROM THE DOWNTOWN PARKING FUND
TO THE FISCAL YEAR 2023-2024 DOWNTOWN VILLAGE
ENHANCEMENT FUND BUDGET
Assistant to the City Manager Dedmon provided a PowerPoint presentation on the La Mesa Village Enhancement Fund Program (“Program”), highlighting the key elements of the Program guidelines, the annual application timeline, and the Program funding history. Assistant to the City Manager Dedmon said seven applications were received; one application was disqualified for not meeting program guidelines, four applications were for special events (2023 Oktoberfest, 2023 Holiday in the Village, 2024 Classic Car Show, and the San Diego Made Spring Market), one application was for a Community Benefit District feasibility study, and one application was for a Downtown Village advertisement campaign. Assistant to the City Manager Dedmon summarized the La Mesa Community Parking Commission’s recommendation for the allocation of the La Mesa Village Enhancement Fund Program funding.
Council questions and comments ensued.
The following members of the public spoke or submitted a written statement in opposition to allocating funding for the Community Benefit District feasibility study:
Marie Mclaughlin
Michelle Huey
Craig DeWitt
Guy Halgren
6 Council questions and comments continued.
Resolution No. 2023-109
Moved By Mayor Arapostathis
Seconded By Councilmember Parent
(1) Approve the following allocation of the La Mesa Village Enhancement Fund Program funding as recommended by the La Mesa Community Parking Commission: $100,000 for the 2023 Oktoberfest, $36,000 for the 2023 Holiday in the Village, $12,000 for the 2024 Classic Car Show, $18,000 for the 2023-2024 Downtown Village Advertisement Campaign, and $35,000 for the San Diego Made Spring Market; and (2) Adopt the Resolution appropriating $201,000 from the Downtown Parking Fund to the Fiscal Year 2023-2024 Downtown Village Enhancement Fund budget.
For (4): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Parent, and Councilmember Shu
Approved (4 to 0)
12. COUNCIL INITIATED
12.1 KEEPING OF BEES ORDINANCE
CONSIDERATION OF DIRECTING STAFF TO PREPARE A DRAFT
ORDINANCE REPEALING LA MESA MUNICIPAL CODE SECTION
8.04.040 - KEEPING OF BEES, IN ITS ENTIRETY AND ADDING A NEW SECTION 8.04.040 THAT ALIGNS WITH THE COUNTY OF SAN
DIEGO'S APIARIES ORDINANCE (ORDINANCE NO. 10393, SECTION
62.910 TO SECTION 62.927) - COUNCILMEMBER DILLARD AND
COUNCILMEMBER SHU
Councilmember Shu explained the purpose for requesting the Council direct staff to prepare a draft ordinance amending the City's current regulations for the keeping of bees.
The following members of the public spoke in support of an ordinance amending the City's current regulations for the keeping of bees to align with the County of San Diego's Apiaries Ordinance:
Darel Kennedy
Carlos Richardson
Council questions and comments ensued.
7 Moved By Councilmember Shu
Seconded By Councilmember Parent
Direct staff to return to Council in three months with a draft ordinance for Council consideration repealing La Mesa Municipal Code Section
8.04.040 - Keeping of Bees, in its entirety and adding a new Section
8.04.040 that aligns with the County of San Diego's Apiaries Ordinance (Ordinance No. 10393, Section 62.910 to Section 62.927).
For (4): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Parent, and Councilmember Shu
Approved (4 to 0)
13. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.
14. AB 1234 REPORTS (GC 53232.3 (d))
Mayor Arapostathis reported he would be traveling to Sacramento on September 20 through September 22, 2023, for the League of California Cities Annual Conference.
15. CITY ATTORNEY REMARKS
There were no remarks.
16. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 7:00 p.m.
_________________________
City Clerk
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: October 10, 2023
SUBJECT: RATIFICATION OF DESIGN REVIEW FOR PROJECT
2022-0965 (LA MESA VIEW LLC)
DESCRIPTION: A PROPOSED 40-UNIT RESIDENTIAL APARTMENT
DEVELOPMENT AT 4400 PALM AVENUE, APN 494-
641-09-00 IN THE RB-P-D-MU (RESIDENTIAL
BUSINESS/SCENIC PRESERVATION
OVERLAY/URBAN DESIGN OVERLAY/MIXED USE
OVERLAY) ZONE
ISSUING DEPARTMENT: Community Development
SUMMARY:
Issues:
Does the proposed design meet the intent of the Urban Design Program policies and the Design Guidelines for Properties in the Mixed Use Overlay Zone? Recommendation:
Ratify the Design Review Board’s approval of Project 2022-0965 (Attachment A).
Fiscal Impact:
There would be no impact to the General Fund related to this project. City of La Mesa policy is to recover 100% of the cost of staff time through application processing fees.
City’s Strategic Goals:
Revitalize neighborhoods and corridors
Report to Mayor and Councilmembers
Date: October 10, 2023
Page: 2 of 6
Ensure safe and affordable homes for La Mesa's current and future residents
Environmental Review:
The project is categorically exempt under the California Environmental Quality Act Guidelines Section 15332.
BACKGROUND:
The 1.5-acre project site is located on the west side of Palm Avenue between Echo Drive and Pasadena Avenue, one block south of the southernmost limit of the Downtown Village Specific Plan area. A history of rock quarry operations on the site is evidenced by a steep embankment along the west and northern portions of the property.
The lower portion of the site, at street level, was previously developed with a church building and offices that were demolished in 2018. An improved parking area at the south end of the property is deed-restricted for the exclusive use of the adjacent mixeduse development to the south at 4330-4350 Palm Avenue. There is also an access easement across the subject property benefitting the adjacent site.
In 2020, a 21-unit, affordable, mixed-use development was entitled on the site, but that project never materialized.
Surrounding uses include Collier Park (a neighborhood park) to the east, a three-story mixed-use development to the south, and multi-family residential development to the north and west. The Assessor Parcel Map sheet is provided as Attachment B, and photos of the project site are provided in the project plan set, Attachment F. A vicinity map is provided below.
Existing improvements along the street frontage include sidewalk, curb and gutter, above-ground utility poles, and two curb openings. On-street parking is available except in areas marked with red curb.
Palm Avenue is designated a local collector street in the General Plan Circulation Element. Transit service is provided by MTS bus routes 851 and 855, located onequarter mile west from the project site on Spring Street. The Spring Street Station, with MTS Orange Line trolley service, is located to the south less than one-half mile walking distance.
Report to Mayor and Councilmembers
Date: October 10, 2023
Page: 3 of 6
The project is located in the Mixed Use
(MU) Overlay zone, which prescribes
pedestrian-friendly residential and mixeduse development such as row housing, lofttype dwellings, and flats arranged either around courtyards or linearly, all situated
close to the street. To activate the
streetscape, new development is required
to include pedestrian realm improvements
along collector streets. The site is also
located in the Scenic Preservation (P)
Overlay zone, which sets limitations on
grading, provides for the retention of
natural topography, vegetation, and scenic
features, and requires landscape
improvements.
The Design Review Board reviewed the
proposed project in consideration of the
City’s Urban Design Program and recommended approval, with conditions, on August 14, 2023. The Design Review Board Certification of Action is provided as Attachment A.
The Site Development Plan was approved by Community Development Director’s Notice of Decision on September 20, 2023, with conditions. Notice of Decision No. 2023-11 is provided as Attachment C. The approval was subject to appeal to the City Council for ten calendar days. No appeals were filed.
DISCUSSION:
The applicant proposes a 40-unit residential development comprised of 22 two-bedroom and 18 one-bedroom units within one four-story apartment building as shown on the project plans provided as Attachment F. The building is situated along the public sidewalk with the main entrance oriented towards a pedestrian realm improved with new walkways and landscaping. The project utilizes the southernmost of the two existing curb openings for vehicular access to on-site surface parking south and west of the building and to provide continued access to the existing development to the south. The northern curb opening will be closed.
Five of the units will be deed-restricted affordable to very-low income residents. As a qualifying affordable housing project under Government Code Section 65915 and the City’s Affordable Homes Bonus Program, the development is eligible for incentives and
Report to Mayor and Councilmembers
Date: October 10, 2023
Page: 4 of 6
waivers of development standards and reduced parking ratios. The applicant is utilizing one incentive for grading in excess of the by-right use allowance in the Scenic Preservation Overlay zone. In addition, waivers are requested to modify open space, building height, and front setback development standards. The project also utilizes affordable housing parking ratios.
Grading is proposed across a majority of the site to create a level pad for the building, parking and an outdoor recreation area at the rear. Earthwork is estimated to involve 25,397 cubic yards of cut and 81 cubic yards of fill, yielding a net export of 25,316 cubic yards. At the northwest corner of the pad, the proposed finish grade sits approximately 41 feet lower than existing grade, at the base of a 14-foot-high retaining wall and 1:1 uphill slope. Retaining walls extending along the rear of the parking lot and north side of the proposed building are split face concrete masonry unit block in a buff color.
Landscaping includes street trees, ornamental plantings in the parking and recreation areas, and slope plantings. Holly Oaks, Torrey Pines, and Tecate Cypress are proposed together with ground cover over the entirety of the 1:1 rear slope. Street trees are proposed to be 36-inch-box Chinese Flame trees. Australian Willows are planned for the parking lot planters and Pacific Wax Myrtle and Sweet Bay trees are proposed in and around the recreation area. Plants have been selected for water-efficiency and suitability for use in shallow rocky soils in a hillside location.
Hardscape areas include walkways around the building. Other site features include tubular steel fencing and gates, freestanding light fixtures, and picnic area fixtures in the recreation area.
The proposed four-story building is frame construction on a rectangular footprint.
Architectural interest is provided with building wall offsets and projecting balconies on the front, sides, and rear. The design utilizes a bold color palette. Significant portions of the exterior walls and balconies are clad in gray corrugated metal siding and the main
Report to Mayor and Councilmembers
Date: October 10, 2023
Page: 5 of 6
stucco color is red. Off-white is used as a secondary wall color and a small amount of mustard yellow is applied to accent trim surfaces. Window frames are dark bronze vinyl.
More than 50 percent of the total ground floor building frontage consists of clear untinted glass, recessed entries, and residential stoops for visual interest as required by the MU Overlay zone. Heating, ventilation and air conditioning mechanical equipment is roof-mounted and screened behind parapet walls.
The project includes parking to serve the new development and the existing mixed-use development to the south, as required by an off-site parking easement agreement (Attachment D). The parking easement agreement, which provides 19 parking spaces for exclusive use of 4330-4350 Palm Avenue, will be amended to accommodate the new development footprint. The owner of 4330-4350 Palm Avenue provided a letter (Attachment E) indicating they would not unreasonably withhold, condition, or delay the modification of the parking easement agreement.
The project generally complies with the Urban Design Program and the Design Guidelines for Properties in the Mixed Use Overlay Zone by providing visual interest through activated spaces, architectural relief, and a variety of colors and materials. It also achieves the pedestrian orientation goals of the Mixed Use Overlay Zone.
Environmental Review:
The project is exempt from environmental review pursuant to categorical exemption Class 32 as provided by the California Environmental Quality Act (CEQA) Guidelines Section 15332. Section 15332 exempts infill development that is consistent with zoning, is located on a project site of no more than five acres, is surrounded by urban uses, has no value as natural habitat, would not result in any significant effects relating to traffic, noise, air quality, and water quality, and can be served by utilities and public services.
The applicant submitted traffic, noise, and water quality technical studies prepared by qualified professionals to substantiate a conclusion that the project is eligible for the exemption and would not cause any significant environmental effects. None of the exceptions to the exemption listed under Section 15300.2 would occur.
Regional Housing Needs Allocation (RHNA)
State law requires each city to plan for existing and future housing needs identified in its Regional Housing Needs Allocation (RHNA). To accommodate La Mesa’s RHNA allocation, the City's General Plan Housing Element identifies sites where the City's RHNA allocation could be built. The subject property is one of the identified sites in the City’s adopted 6th Cycle Housing Element and the proposed affordable housing project
Report to Mayor and Councilmembers
Date: October 10, 2023
Page: 6 of 6
helps the City meet its RHNA goals by providing housing units, including five units in the very-low-income category.
CONCLUSION:
Staff recommends the City Council ratify the Design Review Board’s approval of Project 2022-0965.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Acting Director of Community Development
Attachments:
A. Design Review Board Certification of Action for Project 2022-0965 B. Assessor Parcel Map Sheet
C. Community Development Director Notice of Decision No. 2023-11 D. Parking Easement Agreement Recorded October 14, 2016 E. Correspondence regarding Parking Easement Agreement
F. Project plans
NOTICE OF DECISION NO. 2023-11
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: September 20, 2023
PROJECT
DESCRIPTION:
Residential apartment development
REVIEW TYPE: Site Development Plan
PROJECT NO.: 2022-0965
ADDRESS: 4400 Palm Avenue
APN: 494-641-09-00
APPLICANT: La Mesa View LLC
CEQA
DETERMINATION:
The project is categorically exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Section 15332, which exempts infill development. The project meets the criteria for the exception and none of the exceptions in Section 15300.2 apply.
DECISION: APPROVED based on the findings and subject to the conditions of approval identified herein. This decision is supported by the staff report dated September 14, 2023, and attachments thereto, which are hereby incorporated by reference.
This notice constitutes a decision of the Director of Community Development for the discretionary entitlement only. Additional permits, including but not limited to Building and Grading Permits, may be required by the Community Development Department or other City Departments. It is the property owner and applicant’s responsibility to obtain all necessary permits required for the type of project proposed.
Michael Throne, PE
Acting Director of Community Development
APPEAL: This decision may be appealed to the Planning Commission within 10 calendar days by filing an appeal in writing as per La Mesa Municipal Code Section 24.02.080. Any appeal must identify the error(s) claimed to have been made and all reasons in support of the request.
Consideration of the appeal shall be limited to error(s) identified in the appeal. The filing of an appeal shall suspend this action and any processing of permits in reliance thereon.
FINDINGS
1. Project 2022-0965 is consistent with Title 24 (Zoning) of the La Mesa Municipal Code, including but not limited to the development standards and objectives of Chapter 24.18 (Mixed Use Overlay Zone).
Notice of Decision No. 2023-11 September 20, 2023
CONDITIONS OF APPROVAL
A. GENERAL CONDITIONS
1. The project is conditionally approved as set forth on the application and project drawings received electronically by the City on July 19, 2023, consisting of 24 sheets titled Title Sheet T1, Existing Condition Plan C0.1, Preliminary Grading Plan C1.0, Overall Proposed Site Plan A1, Proposed Site Plan A2, Open Space Site Plan A3, Proposed Ground Floor Plan A4, Proposed Second Floor Plan A5, Proposed Third & Fourth Floor Plans A6, Proposed Roof Plan A7, Proposed Site Section A8, Proposed Site Section A9, Proposed East Elevation A10, Proposed West Elevation A11, Proposed North & South Elevations A12, Colored Elevations A13, Renderings A14, Proposed Materials A15, Site Photos A16, Landscape Development Hardscape Plan L1, Landscape Development Planting Plan L2, Landscape Development Landscape Calculations L3, Landscape Development Landscape Images L4, Landscape Development Landscape Images L5, and two lighting fixture cut sheets and a color and materials board, designated as approved by the Director of Community Development on September 20, 2023, and shall not be altered without express authorization by the Community Development Department.
2. This constitutes an approval of the discretionary entitlement only. Additional permits, including but not limited to building and grading permits, may be required by the Community Development Department or other City departments prior to commencement of construction and/or use. It is the property owner and applicant’s responsibility to obtain all necessary permits required for the type of project proposed.
3. This approval shall not waive compliance with any section of the La Mesa Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein.
4. The applicant is responsible for coordinating civil, landscape, and architectural plans and supplemental materials at building permit submittal to ensure that all project plans and materials are internally consistent and consistent with each other. Inconsistent construction documents will not be accepted.
5. Prior to any use or issuance of final occupancy of the project site pursuant to this approval, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Community Development Department.
6. The applicant shall enter into an affordable housing agreement with the City to guarantee the affordability of five affordable units to very-low-income tenants (50% Area Median Income) for a minimum of 55 years. The affordable housing agreement shall identify the type, size, and location of the affordable units, and shall specify phasing of the affordable units in relation to the market-rate units. The executed affordable housing agreement shall be recorded prior to issuance of building permits and shall include the following provisions that are required to be implemented at project construction:
a) Building permits shall not be issued for more than 50% of the market rate units until permits are issued for the affordable units.
b) Affordable units shall be comparable in exterior appearance and overall quality of construction to market-rate units in the same development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the
Notice of Decision No. 2023-11 September 20, 2023
workmanship nor products may be of substandard or inferior quality as determined by the City.
c) The number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market rate units.
7. All interior and exterior common areas, parking areas, and landscape areas shall remain in place in perpetuity except as expressly authorized by the City.
B. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO THE ISSUANCE OF BUILDING AND GRADING PERMITS:
Engineering
1. The applicant’s engineer shall ensure that the design and construction of all improvements in the public right of way be in accordance with standard plans and specifications of the City of La Mesa, and subject to the approval of the City Engineer.
2. The applicant shall submit all plans and supporting documents concurrently for plan check and approval as required for all private storm drain, street, and any public sidewalk improvements. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer. All street dedications, alignments, widths, and geometrics shall be as approved by the City Engineer.
3. A precise grading, drainage and erosion control plan shall be prepared by a Registered Civil Engineer in accordance with the Grading Ordinance (City of La Mesa Municipal Code Chapter 14.05), showing all buildings, access roads, parking, driveways, landscaping, and drainage. The grading and erosion control plans shall be submitted for plan check and approval of the City Engineer and Planning Division prior to approval of the Grading and Building Permits. If proposed development does not increase the existing impervious area, this requirement may be removed.
4. Where off-site work or improvements are proposed to be constructed, including, but not limited to, slopes, public utility, and drainage facilities, the applicant shall obtain all necessary easements, letters of permission or other interest in real property, at their own expense and shall dedicate the same to the City as may be necessary.
5. Off-site improvements within the public right of way beyond the parcel boundary may be required to be installed as determined by the City Engineer to provide proper transition to the street and sidewalk, and to address drainage or traffic and pedestrian safety.
6. The applicant shall provide street resurfacing and restriping along the entire property frontage extending to the centerline of Palm Avenue.
7. Street tree locations shall be referenced on the improvement plans for conflict check, equal to one tree for every 35 feet of property frontage along Palm Avenue.
8. The method of disposing of surface water from the site shall be submitted and approved to assure that the site will drain to the street or to a natural watercourse. New drainage facilities, private maintenance agreements, or covenants may be required.
9. A hydrology report prepared by a registered Civil Engineer shall be furnished to establish the adequacy of the drainage system and the base flood elevation of the 100-year storm.
Notice of Decision No. 2023-11 September 20, 2023
The report must support the design and sizing of any water quality best management practices (BMPs) to treat the 85th percentile storm in perpetuity. a) Hydrologic and Hydraulic analyses shall be based on the County of San Diego Hydrology and Drainage Design Manuals, most current editions. b) Report must clearly address pre-development and post development offsite discharge, and erosion potential. Any post-development increases in offsite discharge, and erosion potential must be minimized, justified and mitigated to the satisfaction of the City Engineer.
10. Site operations shall comply with City of La Mesa Municipal Code Chapter 7.18, Storm Water Management and Discharge Control Program. A completed City of La Mesa storm water management permit application shall accompany the grading plan submittal.
11. The applicant shall comply with Storm Water Pollution Control Ordinance (City of La Mesa Municipal Code Chapter 7.18) and the State’s current General NPDES Storm Water Permit. If required, the applicant shall show evidence that a Notice of Intent (NOI) has been applied for and fees paid to the State Water Resources Control board prior to issuance of a grading permit. A Water Quality Technical Report (WQTR) shall accompany the grading plan submittal.
12. This project shall comply with the City of La Mesa hydromodification management requirements. For more information please refer to the City of La Mesa website at http://www.cityoflamesa.com/stormwater, on the Development Requirements tab.
13. The development plan(s) shall clearly show compliance with the criteria of the City of La Mesa Storm Water Standards Manual for Priority Development Projects. Each component requiring maintenance shall be perpetually maintained by the property owner and located on private property. These include the following:
a) A post-construction Water Quality Technical Report and recorded maintenance agreement pursuant to Chapter 7.18 of the La Mesa Municipal Code shall be required.
Compliance requires post-development BMPs. Each BMP component requiring maintenance shall be perpetually maintained by the property owner and located on the private property.
b) Creation of off-street parking in excess of the minimums set forth in the City Zoning ordinance shall utilize porous pavement alternatives. All parking areas shall drain to a dry well filter which filters runoff through sand and crushed rock or a cyclone type filter before infiltration.
c) Drain impermeable rooftops, sidewalks, walkways, and patios through adjacent landscaping or other pervious surfaces to maximize infiltration and provide vegetative filtration.
14. Post Construction BMPs
a) Tree box/modular wetlands are only allowed if bio-retention style integrated management practices (IMPs) are proved to be infeasible. Vault/separator style units are not allowed.
Notice of Decision No. 2023-11 September 20, 2023
b) Each drainage management area that discharges into the public system outlet or street shall have storm water quality controls, and shall be maintained by the property owner and located on the private property.
c) A post-construction Water Quality Management Plan and recorded maintenance agreement pursuant to Chapter 7.18 of the La Mesa Municipal Code shall be required.
Perpetual maintenance requirements should be considered when selecting appropriate BMPs.
d) Trash enclosures shall be covered to prevent rainwater intrusion or otherwise designed to prevent offsite migration of contaminants.
15. Prior to grading of any part of the project, a comprehensive soils and geologic investigation shall be conducted of the geologic formations, soils, and slopes of the site. A soils investigation report verifying that the site is suitable for the proposed development shall be prepared by a licensed civil or geotechnical engineer. All necessary measures shall be taken and implemented to ensure slope stability, erosion control, and soil integrity.
16. The applicant shall provide adequate erosion control devices at the completion of each phase of grading. This shall include landscaping and temporary irrigation systems on exposed slopes. Such temporary measures shall be subject to the approval of the City Engineer.
17. The applicant shall show the following information on the site plan and/or add a note to the plans:
a) The sanitary sewer main, sewer service lateral and property line clean out shall be identified. A clean out shall be installed if one does not exist. b) The rim elevation of the nearest upstream sewer manhole on the sewer main and the lowest finish floor or lowest waste water fixture unit shall be identified. If the lowest finish floor elevation or lowest waste water fixture unit is less than or equal to the top of the manhole elevation PLUS two feet, a backwater valve shall be installed.
18. The applicant shall pay the current Sanitary Sewer Connection Fee as determined by the City’s current fee structure.
19. The applicant shall obtain an Encroachment Permit and Traffic Control Permit prior to beginning any proposed work within the City right of way. Traffic control plans for streets which will be opened to public travel during construction shall be in accordance with construction signing, marking, and other protection as required by the State Department of Transportation (CalTrans) Traffic Manual.
20. Surety (security) for improvements and/or grading shall be posted with the City of La Mesa prior to improvement and/or grading permit approval to guarantee the construction of all the required street improvements, drainage, grading, erosion control, landscaping, irrigation, sewer, and monumentation. The security shall include all onsite and offsite grading and improvements. The amount of security shall be determined by the City Engineer based upon an estimate furnished to the City taken from approved plans submitted by the engineer of work. The engineer’s cost estimate should include an estimate of utility relocation, if applicable.
Notice of Decision No. 2023-11 September 20, 2023
21. Water improvements are separately approved by and bonded with the Helix Water District prior to approval of the grading plan. Please submit with Helix Water District concurrently to avoid project delays.
Planning
22. Prior to issuance of a grading or building permit for any portion of the project, the existing parking easement agreement between the owners 4430-50 Palm Avenue and 4400 Palm Avenue (recorded October 24, 2016 as Document# 2016-0572300) shall be amended to reconfigure the parking easement area as shown on the project plans. Failure to obtain and record the necessary easement amendment shall preclude the ability to develop the project.
23. The applicant shall submit landscape and irrigation plans with application fee or deposit prepared by a registered landscape architect in accordance with City standards and the State of California Model Water Efficient Landscape Ordinance, for review and approval prior to issuance of building permits.
24. The applicant shall prepare and submit plans in conformance with the approved exhibits and conditions of approval for Project 2022-0965. A note shall be placed on the building plans stating that prior to final inspection sign off and release of electrical service, the site and buildings shall be inspected for substantial conformance to the approved exhibits and conditions. The exact materials and colors of all proposed structures shall be prominently noted on all plans and exhibits.
25. A note shall be placed on the grading and building plans stating that should any archeological (cultural) or paleontological resources or human remains be discovered during construction-phase ground-disturbing activities, all work in the immediate vicinity must stop and the project applicant shall notify the City of La Mesa immediately. A qualified professional shall be retained to evaluate the finds and recommend appropriate action.
For human remains, the applicant shall notify the County Coroner. For human remains determined to be of Native American origin, the procedures outlined in CEQA Section 15064.5 (d) and (e) shall be followed. The applicant shall ensure, to the satisfaction of the City and the Native American Heritage Foundation, if applicable, that appropriate measures are undertaken prior to resuming any project activities that may affect such resources.
26. A note shall be placed on the grading and building plans stating that the project shall comply with the Mixed-Use Urban Overlay Zone Environmental Impact Report (EIR) Mitigation Monitoring Reporting Program by implementing the following air quality mitigation measures:
a) Soils stabilizers shall be applied to inactive graded areas. b) Ground cover in disturbed areas shall be replaced as soon as possible through hydroseeding or the application of bonded fiber matrix on graded residential lots if needed prior to construction.
c) During grading activities, three applications of water shall be applied between dozer/scraper passes.
d) Dust shall be controlled during loading and unloading activities.
Notice of Decision No. 2023-11 September 20, 2023
e) Speeds on unpaved surfaces shall be reduced to 15 miles per hour or less. f) Haul road dust shall be managed through watering at least three times a day. g) Paving, chip sealing or chemical stabilization of internal roadways shall occur after completion of grading.
h) If winds exceed 25 miles per hour, sweepers or water trucks shall be used to remove “track out” at any point of public street access and termination of grading. i) Dirt storage piles shall be stabilized through chemical binders, tarps, fencing, or other erosion control measure.
j) Trucks hauling soil, sand, and other loose material shall be covered or be required to maintain at least two feet of freeboard.
k) Construction vehicle tires shall be inspected and washed as necessary to be cleaned free of dirt prior to entering public roadways.
l) Idling times for construction equipment shall take into account the idling requirements for startup of heavy equipment.
m) The project shall adhere to Air Pollution Control District (APCD) Rule 67.0 to limit VOC content in paints used in the development.
n) Construction equipment shall only be located in the vicinity of sensitive receptors if it is absolutely necessary in order to complete specific construction-related activities and move the equipment away from the receptors immediately after the activities have been completed.
o) When feasible, re-route construction trucks away from congested streets or sensitive receptor areas.
p) The amount of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time.
27. A note shall be placed on the grading and building plans stating that the contractor shall implement the following BMPs identified in the Acoustical Letter Report dated December 9, 2022, to reduce potential construction disturbance at residential receiver locations:
a) Limit noise-producing construction activities to the hours of 7 a.m. to 10 p.m., Mondays through Saturdays, with construction prohibited on Sundays, as per Section 10.80.100 of the City of La Mesa Municipal Code.
b) Maintain equipment in proper working order, equipped with effective mufflers that are in good condition and appropriate for the equipment.
c) Avoid unnecessary idling by turning off equipment while not in use. d) Minimize the use of backup alarms, as feasible.
e) Place stationary equipment and/or staging areas for mobile equipment as far as practicable from noise-sensitive receivers.
Notice of Decision No. 2023-11 September 20, 2023
f) Establish a “Noise Disturbance Coordinator” for the Project who would be responsible for responding to any complaints about construction noise and establishing reasonable actions to correct the problem.
Fire
28. Building plans shall comply with the currently adopted California Fire Code and all approved City ordinances.
29. Deferred submittals are required for Fire Alarm, Fire Sprinkler System, Underground Fire Service, and Emergency Responder Radio Communications System.
30. All Fire Dept. access roadway corner radii shall be 28 ft. or greater. All portions of Fire Dept. access roadways shall be a minimum of 20 ft. wide with a cross-slope of 5% or less and a longitudinal slope of 10% (up to 20% with specific Fire Code Official approval) and a vertical clearance of 13 ft-6 in. Please provide a fully detailed and dimensioned site plan including fire hydrant spacing dimensions.
31. No speed bumps or other traffic calming devices are permitted in or on fire dept. access roadways, please clarify that none will be present.
32. All fire apparatus access roadways must be maintained unobstructed and drivable by fire apparatus throughout the construction process. Fire Department access and water supply shall be installed as directed and shall be inspected and approved prior to delivery of combustible material to the site. Access roadways shall be paved (base layer at minimum) capable of holding an imposed load of 75,000 pounds, including during adverse weather conditions.
33. Provide Fire Flow dated within 365 days of the building permit submittal.
Building
34. Plans must be complete and stamped by a licensed professional before the Building Division will accept them into the plan review and permitting process.
35. The design shall meet all requirements for California Building Codes, Accessibility 11A, Green Codes, and Energy Efficiency Standards effective at the time of building plan submittal.
Police
36. The applicant shall consider incorporating the following crime prevention measures into the development:
a) Install deadbolt locks with one inch throw on front doors. b) Install secondary locks on sliding glass doors and windows. c) For apartments, front doors should have a wide-angled peep hole. d) Allow for exterior building lighting to be controlled by the property owner. Dawn to dusk.
e) Lighting
Notice of Decision No. 2023-11 September 20, 2023
i. Site lighting: The property should be well-lit at night to prevent loitering and eliminate hiding places. Lighting should be consistent to reduce contrast between shadows and illuminated areas.
ii. Building lighting should:
Illuminate building numbers
Illuminate building accesses
Illuminate front and back areas
iii. Parking areas should be well-lit with uniformity throughout the property. Carports/ garages should be well lit, with each space having a designated light, as well as lighting throughout the parking lot.
Avoid having storage lockers in carport parking spaces. iv. Install wire cages or industrial strength shatter resistant lenses over lights within reach of pedestrians.
f) Trash enclosures and dumpsters: Dumpsters should have locked lids with an open space through which material can be put in but not taken out to prevent scavenging. g) Landscape:
i. Trees should be at least eight feet above the ground and bushes should be trimmed to less than three feet.
ii. Landscape shall not obstruct lighting.
C. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO THE ISSUANCE
OF THE FINAL OCCUPANCY PERMIT FOR THE FIRST DWELLING UNIT TO BE CONSTRUCTED:
Engineering
1. The applicant shall pay the Regional Transportation Congestion Improvement Program (RTCIP) development impact fee, as determined by the City’s current fee structure, for each newly constructed residential unit, excluding any deed-restricted affordable units.
2. The applicant is required to perform CCTV inspection of the sewer between Manholes SF019.02 and SF015.00 (per Interactive City Maps) and provide a condition analysis report. The City Engineer will determine if the main has to be replaced or rehabilitated based on the analysis. Manhole SF019.02 and Manhole SF019.05 shall be upgraded to meet Regional Standard Drawing SM-01/02, if it is determined that the existing condition warrants the upgrade. Please coordinate with the Wastewater Project Manager for CCTV submittal policy and requirements.
3. The applicant shall design and construct the sanitary sewer lateral in the right-of-way in accordance with the City’s engineering standards and the Greenbook.
4. The applicant shall place any proposed sewer pipe, public or private, outside the surface
Notice of Decision No. 2023-11 September 20, 2023
storm water drainage path in order to avoid any inflow into the sewer manholes. In cases where this requirement cannot be satisfied, the developer shall provide appropriate inflow dishes in the affected manholes.
5. The applicant shall remove and replace existing curb and sidewalk if it is found to be cracked, broken, displaced, or not in compliance with current ADA standards. Existing driveways to be removed shall be replaced with full height curb and gutter. The City inspector will identify the limits of removal and replacement. Any existing pedestrian ramps along the frontage shall be brought up to current ADA requirements, as necessary.
6. The applicant shall install street trees in the sidewalk and contiguous with the curb, equal to one tree for every 35 feet of property frontage along Palm Avenue. Silva Cells are required for all trees in the public right-of-way or as approved by the City Engineer. Refer to San Diego Regional Standard Drawing SDRSD L4 and La Mesa Standard Drawing LMSD LS1 through LS3 and WQ4.
7. All street and drainage improvements shall be completed and accepted by the public works inspector prior to occupancy.
Fire
8. If any gate or barrier across a fire access roadway is to be installed (whether manual or automatic) it must meet the Heartland Fire & Rescue requirements and have specific plans and permits approved prior to installation. Gates serving multi-family structures must be automatic and meet UL 325 and ASTM F 2200 standards. Knox brand key-operated electric key switch keyed to Heartland Fire & rescue specification are required. The Knox switch shall override all gate functions and open the gate. Other access control systems such as Opticom, siren, etc. shall be permitted with the approval of Heartland Fire & Rescue.
9. Prior to Fire Department Clearance for occupancy all fire and life safety systems shall be inspected, tested, and approved.
10. Permanent Building, three-dimensional street numbers, minimum 8 inches in height with a ½ inch stroke, shall be provided on the address side of the building at the highest point and furthest projection of the structure. The address shall be visible form the street and shall not be obstructed in any manner.
11. Address numbers are required to be installed or painted on the front of each unit. Numbers or letters shall be a minimum of 4 inches in height and placed on a contrasting background.
12. Provide plans on AutoCAD for pre-fire planning use by fire department. Information shall include locations of all gas, electrical, and water control devices, fire sprinkler and fire alarm system control devices/connections, as well as access/egress.
13. Knox emergency access key box is required at each building, with specific mounting locations approved by Heartland Fire & Rescue
Notice of Decision No. 2023-11 September 20, 2023
Building
14. The applicant shall obtain approvals from all departments for all issued permits: building, fire, planning, grading, San Diego County Air Pollution Control District, San Diego County HazMat, encroachment permits, or other permits for the proposed improvements prior to the issuance of a certificate of occupancy.
D. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO THE ACCEPTANCE
OF IMPROVEMENTS AND FILING OF THE NOTICE OF COMPLETION
1. The applicant shall install street trees according to the approved landscaping plan.
2. Landscaping for trees, shrubs, walls, fences, cut/fill slopes or other structures at or near driveway and street intersections shall conform to the intersectional sight distance criteria as provided by the CalTrans Highway Design Manual. Any obstructions which exceed a height of 36 inches shall not be permitted within a distance of five feet from the property line at the street.
3. Street name signs, street lighting, and traffic control devices shall be built to City standards and as required and approved by the City Engineer and the Traffic Engineer. The applicant shall pay all applicable fees, energy charges, and/or assessments and shall privately maintain said lights.
4. Certification of the as-built elevations of the structures shall be furnished to the City Engineer prior to release of bonds.
5. The exact limits of pavement and sidewalks shall be approved by the City Engineer. Street structural sections shall have a gravel equivalent of a minimum of 4 inches of asphalt concrete (AC) over eight inches Class 2AB aggregate base with a Traffic Index of 6.0.
Geotechnical tests of the existing pavement are subject to approval of the City Engineer in the field during project inspection. Existing public improvements will be repaired to good condition and proper alignment, as may be required for proper tie-in.
6. The applicant shall complete grading in one operation. All best practice BMPs and improvements shown on grading and site development plans shall be installed.
Planning
7. The developer, contractor or landscape architect shall provide a letter to the Community Development Department stating that all landscaping, irrigation, drainage, and hardscape was installed according to City standards. A Certificate of Completion for landscape improvements shall be submitted, along with an irrigation schedule and soils management report as required by City standards and the State of California Model Water Efficient Landscape Ordinance.
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DATE: October 10, 2023
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: RESOLUTION AUTHORIZING A THREE-YEAR WAIVER OF THE
SPECIAL EVENT FEE AND PARK FEES AND CONTINUED CITY
SUPPORT FOR THE LA MESA JUNETEENTH AND FRIENDS JUBILEE
At the September 26, 2023, Council meeting the Council directed staff to draft a Resolution approving the request from the La Mesa Juneteenth Board of Directors to waive the special event fee and park fees and continue to provide City support for the 2024, 2025, and 2026 La Mesa Juneteenth and Friends Jubilee.
Staff recommends the Council adopt the attached draft resolution authorizing a threeyear waiver of the special event fee and park fees and continued City support for the La Mesa Juneteenth and Friends Jubilee.
Attachment: A. Draft Resolution
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING A THREE-YEAR WAIVER OF THE SPECIAL EVENT FEE AND
PARK FEES AND CONTINUED CITY SUPPORT FOR THE LA MESA
JUNETEENTH AND FRIENDS JUBILEE
___________________________________________________________________ WHEREAS, the La Mesa Juneteenth and Friends Jubilee serves a significant public purpose by bringing the community together to recognize and celebrate contributions of African Americans far and wide;
WHEREAS, on September 15, 2023, the La Mesa Juneteenth Board of Directors submitted a letter requesting a three-year waiver of the City’s special event fee and park fees associated with the La Mesa Juneteenth and Friends Jubilee;
WHEREAS, continued City support, including traffic control and staffing, is also being requested for the event through 2026;
WHEREAS, the vision of the La Mesa Juneteenth Board of Directors is to cultivate an inclusive and harmonious La Mesa where education is valued and accessible to all, while promoting historical understanding, cultural appreciation, and social awareness through the La Mesa Juneteenth and Friends Jubilee; and
WHEREAS, the City Council considered the request of the La Mesa Juneteenth Board of Directors at the City Council meeting of September 26, 2023.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council authorizes a three-year waiver (2024 through 2026) of the special event fee and park fees and continued City support for the La Mesa Juneteenth and Friends Jubilee.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 10th day of October 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, Megan Wiegelman, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: October 10, 2023
SUBJECT: RESOLUTION APPROVING A CHANGE ORDER TO KTUA
FOR MACARTHUR PARK MASTER PLAN PROJECT
ISSUING DEPARTMENT: Community Services
SUMMARY:
Issue:
Should the City Council adopt a resolution approving a change order to KTUA for $53,208 for additional scope of work to complete the MacArthur Park Master Plan project?
Recommendation:
That the City Council adopt a resolution approving a change order to KTUA for $53,208 for additional scope of work to complete the MacArthur Park Master Plan project.
Fiscal Impact:
Funding is available from 2022 State of California Department of Parks and Recreation Local Assistance Grant (SB129) funds for the MacArthur Park Master Plan project.
City’s Strategic Goals:
Continue to improve high quality municipal services
Revitalize neighborhoods and corridors
Enhanced recreation and quality of life opportunities
Report to Mayor and Councilmembers
Date: October 10, 2023
Page: 2 of 5
Environmental Review:
Environmental review is not required for this phase of the project.
BACKGROUND:
On June 25, 2019, City Council adopted Resolution 2019-065, awarding a Professional Services Agreement to KTUA to prepare the MacArthur Park Master Plan and appropriated funding for the project from the General Fund Unallocated Reserves in the amount of $200,000.
The overall goal of the MacArthur Park Master Plan project is to develop a plan for the future of MacArthur Park that includes facilities, improvements, and amenities for the redevelopment of the park to maximize opportunities for recreation, parks, open space, and urban respite areas for all La Mesa residents. The scope for the project included:
An analysis of the site’s physical challenges and opportunities. Public input opportunities surveying the community to confirm the amenities and design features desired in the Master Plan.
Presentation of two park design concepts that embodied community and stakeholder feedback.
A final Master Plan concept to serve as the City’s guide for future implementation efforts.
Research of funding opportunities for park design and construction implementation.
The development of the MacArthur Park Master Plan is consistent with a recommendation in the Parks Master Plan (2012) to support La Mesa’s effort to improve the built environment and quality of life for residents. The plan brings together information derived from the 2018 MacArthur Park Opportunities and Constraint Study, community workshops, along with input from the MacArthur Park Subcommittee, Community Services Commission, and staff to set a framework to inform decisions for additional planning, development and rehabilitation of the park and recreation facilities within the 22-acre site.
The project kicked off in August 2019, with a public workshop at the Community Center and a pop-up workshop at the Holiday in the Village event, followed by an on-line public input survey of desired amenities in early 2020.
Due to the closure of City facilities during the COVID-19 pandemic, the second public workshop, depicting two proposed concept designs highlighting the most popular amenities, was held live on Zoom, with a recording available in the summer of 2020.
Report to Mayor and Councilmembers
Date: October 10, 2023
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The proposed concepts were formulated using input from the 2019 workshop and survey, the Opportunities and Constraints Study, the Parks Master Plan, Community Services Commission meetings, and staff. This meeting was followed by a second public survey asking for input on the preferred design.
At the December 8, 2021, Community Services Commission meeting (in person and via Zoom), KTUA presented a final concept plan and the draft Master Plan document. The meeting recording and draft Plan was posted from December 20, 2021 through January 30, 2022, for public input.
In March 2022, the MacArthur Park Subcommittee asked staff to complete additional public sensing in the form of a statistically valid survey, to identify phasing for the MacArthur Park Master Plan, and to begin updating the Parks Master Plan.
On October 11, 2022, City Council approved the execution of a professional services agreement with KTUA to prepare the Citywide Recreation and Parks Master Plan. The draft plan is currently being prepared, following three public workshops and additional public outreach.
In conjunction with the 2022-23 Library Needs Assessment and Financial Feasibility Study, the City contracted a statically valid Recreation, Parks and Library community needs assessment.
DISCUSSION:
In order to move forward to complete the MacArthur Park Master Plan, additional work is needed to be added to KTUA’s task order to update the Master Plan document taking into account the statistically valid Recreation, Parks, & Library Needs Assessment and feedback received on the final draft of the Plan (January 2022). The draft MacArthur Park Master Plan will be revised to incorporate community preferences for park amenities, space programming for the proposed Community Center, site circulation, and update the estimated rough order of magnitude costs that have changed since the completion of the draft Plan in December 2021.
The updated scope for the project includes:
1. Statistically Valid Survey Results Update:
KTUA will update the draft Master Plan to include the March 2023 statistically valid survey results. The results will include both the statistically valid and open survey results. This new set of survey data will be compared to the previously completed MacArthur Park community outreach and survey results to validate
Report to Mayor and Councilmembers
Date: October 10, 2023
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community-wide needs and desires for the proposed improvements at MacArthur Park.
2. Conceptual Plan Update:
The consultant will revise and modify the conceptual plan to better align with the initial community outreach results and the 2023 statistically valid survey results.
3. Proposed Community Center Improvements:
Additional analysis of the existing Community Center building will be completed to explore potential adaptive re-use as a gymnasium space that could support active uses such as basketball, volleyball, and pickleball. If this type of re-use may not be practical, feasible or undesired, other re-use opportunities will be identified such as activity/instructional spaces, community meeting spaces, or education spaces.
Based on the outcomes of the analysis, program space reductions within the floor plans of the proposed Community Center will be identified. These program reductions would include spaces that have been identified for potential re-use of the existing Community Center building or those better suited to the planned future improvements to the County of San Diego La Mesa Branch Library.
Floorplan exhibits and conceptual exterior renderings will be updated.
4. Rough Order of Magnitude Capital Costs Updates:
Consultant will update the rough order of magnitude capital improvement costs for the proposed Master Plan. The updated costs will take into account revisions as well as any escalation of costs previously prepared in 2021.
5. Phasing Plan:
The consultant will prepare a preliminary implementation phasing plan. The plan will identify (four) primary phases:
a. Aquatics Facility
b. Park Improvements
c. New Community Center
d. Renovation/Alteration of Existing Community Center Building
6. Identification of Significant Park Improvement Costs:
Report to Mayor and Councilmembers
Date: October 10, 2023
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KTUA will provide an additional breakdown of park improvement costs for amenities to assist the City with identifying and planning for implementation of individual projects for:
Trails
Restroom(s)
Group Picnic Area
Sport Courts
Playground
Pump Track/Skate Park
Dog Park
Community Garden
7. Community Outreach Meeting:
Community input/comments from an additional outreach meeting will be collected to be evaluated for the final Plan.
The cost for the change order for the additional scope of work is $53,208. Funding is available through the 2022 State of California Department of Parks and Recreation Local Assistance Grant (SB129) for the project.
CONCLUSION:
Staff recommends that the City Council adopt a resolution approving a change order to KTUA for additional scope of work to complete the MacArthur Park Master Plan project for $53,208.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Susan Richardson
City Manager Director of Community Services
Attachments: Resolution
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING A CHANGE ORDER TO KTUA FOR MACARTHUR PARK MASTER
PLAN PROJECT
WHEREAS the City has selected KTUA to prepare the MacArthur Park Master Plan; WHEREAS the plan is intended to develop a document for the future of MacArthur Park including desired facilities, improvements, and amenities for the redevelopment of the park to maximize opportunities for recreation, parks, open space, and urban respite areas for all La Mesa residents;
WHEREAS the plan is consistent with recommendations in the Parks Master Plan to support La Mesa’s effort to improve the built environment and quality of life for residents; WHEREAS the plan brings together information derived from community workshops, surveys, and the MacArthur Park Opportunity and Constraints study, to set a framework to inform decisions for additional planning, development and rehabilitation of the park and recreation facilities within the 22-acre site; and
WHEREAS it is determined that additional scope is required to complete the MacArthur Park Master Plan.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council authorizes a change order to KTUA for $53,208 for the MacArthur Park Master Plan project using 2022 State of California Department of Parks and Recreation Local Assistance Grant funds.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 10th day of October, 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, CMC, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: October 10, 2023
SUBJECT: RESOLUTIONS CERTIFYING THE INITIAL STUDY
AND ADOPTING A MITIGATED NEGATIVE
DECLARATION RELATED TO THE APPROVAL OF
THE MASTER PLAN FOR A PROPOSED PARK AT
WAITE DRIVE
ISSUING DEPARTMENT: Community Services
SUMMARY:
Issues:
1. Does the Initial Study accurately assess the effect on the environment related to the implementation of the Park at Waite Drive Master Plan warrant the adoption of a mitigated negative declaration?
2. Does the Park at Waite Drive Master Plan meet the goals as set forth in the citywide Parks Master Plan completed in 2012?
Recommendation:
That City Council adopt the attached resolutions to:
1. Approve the Initial Study and adopt the related Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program related to the Park at Waite Drive Master Plan
2. Approve the Park at Waite Drive Master Plan
Fiscal Impact:
The approval of this Plan does not obligate the City to commit funds for these improvements. Park in Lieu/Park Impact Fees and California State Park Local Assistance Grant Funds were used for the development of the Master Plan and
Report to Mayor and Councilmembers
Date: October 10, 2023
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General Funds for the Environmental Study. Staff will continue to research funding sources that may become available in the future for the design and construction of the park improvements.
City’s Strategic Goals:
Revitalize neighborhoods and corridors
Enhanced recreation and quality of life opportunities Continue to improve high quality municipal services
Environmental Review:
The City hired HELIX Environmental Planning, Inc. to prepare an Environmental Initial Study and Mitigated Negative Declaration in accordance with the requirements of the California Environmental Quality Act (CEQA) and CEQA guidelines. The Environmental Initial Study evaluated the impacts of the project and determined that the Park at Waite Drive Master Plan does not have the potential to create a significant adverse effect on the environment based upon project conditions that mitigate impacts to below a level of significance. These mitigation measures are embodied in the Mitigation Monitoring and Reporting Program. A Mitigated Negative Declaration has therefore been prepared and may be adopted for this project.
Climate Action Plan Reduction Strategy:
W-1 Waterwise Landscape Design and Irrigation – Promote water conservation through landscaping design and irrigation policies to meet municipal water use reduction targets.
GI-1 Urban Forest Master Plan – Support natural carbon sequestration opportunities through continued development and maintenance of a healthy, vibrant urban forest.
BACKGROUND:
The 2012 Parks Master Plan recommended that the City should add neighborhood parks (3-7 acres) in order to meet future population demands based on the General Plan park standards and identified the Waite Drive site as a valuable option to partially meet this park need, especially since La Mesa has little vacant land left for park expansion.
Report to Mayor and Councilmembers
Date: October 10, 2023
Page: 3 of 4
On January 8, 2013, the City Council adopted a Resolution approving the Purchase and Sale Agreement of the property at 7410 Waite Drive, a 2.94-acre site on the northwest corner of Waite Drive and Murray Hill Road in La Mesa. This parcel, the former Lemon Grove Road Station, was surplus property sold to the City by the County of San Diego in March 2013 for the purpose of developing a park.
On December 14, 2021, City Council approved a task order to Schmidt Design Group, Inc. to prepare a Park Master Plan for the property on Waite Drive using Park in Lieu/Park Impact Fees and California State Park Local Assistance Grant Funds.
The draft Park at Waite Drive Master Plan was presented to City Council on January 24, 2023 and a Resolution was adopted awarding a task order to HELIX Environmental Planning, Inc., to prepare the technical studies and environmental compliance documentation pursuant to the California Environmental Quality Act (CEQA) for the Plan. The overall goal of the Waite Park Master Plan is to create a plan for the future park that identifies the desired facilities and amenities for the development of the park to maximize opportunities for recreation, parks, open space, and urban respite areas for La Mesa residents.
DISCUSSION:
An Initial Study in compliance with the California Environmental Quality Act (CEQA) guidelines has been prepared to determine whether the Park at Waite Drive Master Plan project may have a significant adverse effect on the environment. It has been determined that the project does not have the potential to create a significant adverse effect on the environment based upon project conditions that mitigate impacts to below a level of significance. A Mitigated Negative Declaration has therefore been prepared and may be adopted for this project.
Extensive public outreach was conducted to incorporate La Mesa residents’ comments and ideas into the future Plan for the park, including five open invitation public workshops/meetings, and surveys. The attached Master Plan represents the collaborative efforts of all those who participated in the planning process.
Report to Mayor and Councilmembers
Date: October 10, 2023
Page: 4 of 4
CONCLUSION:
Staff recommends that City Council adopt the attached resolutions to:
1. Approve the Initial Study and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program related to the Park at Waite Drive Master Plan
2. Adopt the Park at Waite Drive Master Plan
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Susan Richardson
City Manager Director of Community Services
Attachments:
A. Resolution to approve the Initial Study and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program related to the Park at Waite Drive Master Plan
B. Resolution to approve the Park at Waite Drive Master Plan C. Park at Waite Drive Master Plan
RESOLUTION 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA APPROVING
THE INITIAL STUDY AND ADOPTING THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM
RELATED TO THE PARK AT WAITE DRIVE MASTER PLAN
WHEREAS, the Park at Waite Drive Master Plan supports the vision and the goals of the Recreation and Open Space Element of the 2012 Centennial General Plan to create a diverse range of recreational opportunities and to create a network of public parks that will be convenient and beneficial to the community;
WHEREAS, the Park at Waite Drive Master Plan was recommended in and incorporates goals from the 2012 citywide Parks Master Plan to increase public access to parks and improve existing park facilities to accommodate a variety of interests and abilities that will encourage active recreation and healthy activities;
WHEREAS, the Park at Waite Drive Master Plan addresses the City’s Strategic Goals to revitalize neighborhoods and corridors; enhance recreation and quality of life opportunities; and continue to improve high quality municipal services;
WHEREAS, the Park at Waite Drive Master Plan represents recommendations for specific improvements to the undeveloped property;
WHEREAS, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), Public Resources Code section 21000, et seq., and its implementing guidelines (“CEQA Guidelines”), California Code of Regulations, title 14, section 15000, et seq., the City completed an Environmental Initial Study and prepared a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Park at Waite Drive Master Plan; WHEREAS, multiple technical studies are included as appendices as part of the Initial Study and were accepted by the City;
WHEREAS, the Initial Study identified potentially significant environmental effects associated with Biological Resources, Geology and Soils, and Hazards and Hazardous Materials; WHEREAS, the Initial Study identified mitigations to reduce any potentially significant impacts to below a level of significance, which are included in a Mitigation Monitoring and Reporting Program (MMRP) to be adopted with the final environmental document and included as conditions of project approval;
WHEREAS, a draft Mitigated Negative Declaration (MND) was prepared and made available for public review from June 6, 2023, to July 6, 2023; WHEREAS, correspondence received during the review period was considered and responses provided;
WHEREAS, the La Mesa Community Services Commission held a duly noticed public meeting on January 11, 2023, that resulted in a recommendation to the City Council to adopt the Park at Waite Drive Master Plan; and
WHEREAS, the City Council of the City of La Mesa has received and considered a staff report, and accepted public testimony in considering the Park at Waite Drive Master Plan, the proposed Initial Study/Mitigated Negative Declaration, and any comments received during the public review period.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
1. Based on the whole record before it and in its own independent judgment and analysis, that there is no substantial evidence that the project will have a significant effect on the environment with implementation of the mitigation measures identified in the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA MESA AS FOLLOWS:
1. The foregoing findings of fact and determinations are true and hereby made a part hereof.
2. The City Council approves the Initial Study and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program related to the Park at Waite Drive Master Plan, attached as Exhibit A.
3. The records of the CEQA proceedings upon which this decision is based shall be kept at the City of La Mesa’s offices located at 8130 Allison Avenue, La Mesa, CA 91942 and the custodian of such records shall be the City Clerk.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 10th day of October 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, CMC, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
EXHIBIT A
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING THE PARK AT WAITE DRIVE MASTER PLAN
WHEREAS, the Park at Waite Drive Master Plan supports the vision and the goals of the Recreation and Open Space Element of the 2012 Centennial General Plan to create a diverse range of recreational opportunities and to create a network of public parks that will be convenient and beneficial to the community;
WHEREAS, the Park at Waite Drive Master Plan was recommended in and incorporates goals from the 2012 citywide Parks Master Plan to increase public access to parks and improve existing park facilities to accommodate a variety of interests and abilities that will encourage active recreation and healthy activities;
WHEREAS, Park at Waite Drive Master Plan, addresses the City’s Strategic Goals to revitalize neighborhoods and corridors; enhance recreation and quality of life opportunities; and continue to improve high quality municipal services;
WHEREAS, Park at Waite Drive Master Plan represents recommendations for specific improvements to the undeveloped property;
WHEREAS, an Environmental Initial Study was prepared in accordance with CEQA, to evaluate the impacts of the Park at Waite Drive Master Plan; WHEREAS, the Environmental Initial Study evaluated the impacts and determined that the Master Plan will have insignificant impacts on the environment with the application of mitigation measures;
WHEREAS, a Mitigated Negative Declaration was prepared to support the decision to certify the Environmental Initial Study and adopt the Park at Waite Drive Master Plan; WHEREAS, a Mitigation Monitoring and Reporting Program, which quantifies mitigation responsibilities, has been prepared in accordance with Section 21081.6 of CEQA; and WHEREAS, the La Mesa Community Services Commission held a duly noticed public meeting on January 11, 2023 that resulted in a recommendation to the City Council to adopt the Park at Waite Drive Master Plan.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA MESA AS FOLLOWS:
1. The foregoing findings of fact and determinations are true and hereby made a part thereof.
2. The Park at Waite Drive Master Plan is a comprehensive document for future park improvements consistent with the La Mesa General Plan and Parks Master Plan.
3. The Park at Waite Drive Master Plan will not have a significant adverse affect on the environment with the application and enforcement of identified mitigation
measures which are addressed in the Mitigation, Monitoring and Reporting Program.
4. The City Council approves the Park at Waite Drive Master Plan, and implementation recommendations.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California held the 10th day of October 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
Future Park at Waite Drive
October 2023
Master Plan
Park at Waite Dr - Master Plan and Progress Report 1 of 45 Acknowledgments
Sue Richardson, Director of Community Services - City of La Mesa Misty Thompson, Management Analyst - City of La Mesa
Josh Gomez, Recreation Programs and Facilities Supervisor - City of La Mesa Jim Newland, Past President - La Mesa History Center
City of La Mesa
Glen Schmidt, FASLA, Principal
Julian Rosario, Project Manager
Stephen Grosch, Landscape Designer
Scott Cartwright, Civil Engineer - CRA
Neal Alagia, Electrical Engineer - Alagia Engineering
Mickey Aguirre, Project Engineer - Aguirre & Associates Schmidt Design Group - Prime Consultant Team
Consultant Team
Park at Waite Dr - Master Plan and Progress Report 2 of 45 Table of Contents
History and Background........................................................................................
Site Context and Analysis.....................................................................................
Method..........................................................................................................................
Community Workshop 1.......................................................................................
Online Survey.............................................................................................................
Community Workshop 2.......................................................................................
Master Plan Alternatives.......................................................................................
On-Site Pop Up..........................................................................................................
Community Services Commission Presentation.........................................
Vision............................................................................................................................
Final Master Plan......................................................................................................
Master Plan Rendering...........................................................................................
Master Plan Features...............................................................................................
Preliminary Grading Plan and Drainage Study.............................................
Preliminary Electrical and Lighting Plan.........................................................
Rough Order of Magnitude Probable Costs of Construction.................
Potential Funding Sources....................................................................................
Maintenance and Operations..............................................................................
Resources and References.................................................................................... 1 2
3 4
5 Introduction
Outreach &
Design Process
Master Plan Design
Construction &
Operations
Appendices
5 6
8 9
10-11
12 12-13
14 15
16 17
18 20-28
30-32
31-33
34 35
35 36
Park at Waite Dr - Master Plan and Progress Report 3 of 45 Lists of Figures
Figure 1.1: Key Map of Park Site within San Diego County....................
Figure 1.2: Key Map of Park Site within La Mesa Neighborhood.........
Figure 2.1: Analysis of Survey Question #5.................................................
Figure 2.2: Word Map of Survey Question #5.............................................
Figure 2.3: Section Cut View..............................................................................
Figure 2.4: Conceptual Design Alternative #1............................................
Figure 2.5: Conceptual Design Alternative #2............................................
Figure 2.6: Section Cut View..............................................................................
Figure 2.7: Draft Master Plan Design..............................................................
Figure 3.1: Illustrative Site Plan........................................................................
Figure 3.2: Concept Rendering of Design Intent........................................
Figure 3.3: Final Master Plan - Section Cut...................................................
Figure 3.4: Final Master Plan - Section Cut..................................................
Figure 3.5: Preliminary Grading and Drainage Plan..................................
Figure 3.6: Preliminary Drainage Study Cover............................................
Figure 3.7: Hydrology Calculation Results...................................................
Figure 3.8: Web Soil Survey.................................................................................
Figure 3.9: Hydrology Map..................................................................................
Figure 3.11: Preliminary Lighting Plan...........................................................
Table 4.1: Summary of Rough Order of Magnitude................................... 4 4
10 11
12 12
13 13
15 17
18 19
19 30
31 31
31 32
33 34
Park at Waite Dr - Master Plan and Progress Report 4 of 45 Figure 1.2: Key map showing park site boundary within neighborhood University Ave.
Helix High School
Waite Dr.
Murray Hill Dr.
1 Introduction
The City of La Mesa
The City of La Mesa is located in San Diego County,
California. It is about nine miles east of Downtown
San Diego. Its civic motto is “the Jewel of the Hills”, which is indicative of the local geography. In fact, la mesa in Spanish means “the table”. The City has a
total area of 9.1-square miles and was incorporated
in 1869.
Demographics
The City currently has a population of about 60,000.
According to the 2010 census, the racial makeup was
about 54.1% White, Hispanic or Latino of any race
was 21.5%, 8.0% African American, 5.8% Asian,
0.8% Native American, 0.6% Pacific Islander, 11.6%
from other races, and 5.8% from two or more races.
The median age was 37.1 years
Park Context
The future park is 2.84-acres and is located at the
corner of Waite Drive and Murray Hill Road. The site
is currently fenced and being used for construction
material lay down. It is highly accessible, just
0.3-miles off the Massachusetts Avenue exit from
the 94 Freeway. Vista La Mesa Academy is 0.4-miles
to the west. Helix High School is half a mile up the hill to the north. The majority of the land surrounding the
park is residential - single and multi-family homes.
Park Context
The Park at Waite Drive Master Plan and Report
documents the design process and framework for
the City to provide a new 2.84-acre neighborhood
park for its residents. Part 1 introduces the site: its existing conditions, constraints, and opportunities.
Part 2 documents the outreach and design process
which included several community workshops and
design iterations. Part 3 provides the final Master
Plan Design along with supporting renderings
and technical drawings. Part 4, Construction and
Operations, provides a rough order of magnitude
estimate of construction costs, and a discussion of
operations and maintenance. Part 5 is appendices.
Project Overview
Entrance to park site with existing pine tree
Figure 1.1: Key map showing park site within San Diego County
Park at Waite Dr - Master Plan and Progress Report 5 of 45 Waite Drive was named after Jerry W. Waite, a native
of Massachusetts that moved to the area in the
1890’s as an agricultural businessman and pioneer
orchardist. He bought the land that includes the park
site from the Allison family in the 1890’s. He and his
wife, Georgiana (Anna) Berrian, built Waite Ranch
circa 1895 on what is now Jill Lane just west of the
park site.
J.W. and Anna built an orchard and “model nursery”
on the property specializing in rare fruit trees
including grapefruit, pomelo, and lemon trees. The
nursery was extremely popular and well-regarded in
the area. They had three daughters - Myrtle, Anna
Emmeline, and Josephine. Relatives of the Waite
family still live in the surrounding neighborhood.
The park site is located in the neighborhood known
as Vista La Mesa where it remained as County of San
Diego unincorporated Lemon Grove land until it was
annexed into the City of La Mesa effective March 1,
1975.
In the 1930’s, the Lemon Grove Road Station was
constructed on the site as a spot for County road
workers to service vehicles, as well as to stage
trucks and equipment. Remnants of the structures
from that use are still visible throughout the site.
The neighborhood surrounding the park site began
to be developed in the early 1950’s with post-war
tract homes and was known as Lemon Grove Vista.
The neighboring Rolando Park was highly developed
between 1949-1953. The last use of the road station
buildings is estimated to be in the mid-1990s.
In March of 2012, the County of San Diego notified
the City of La Mesa of the availability of the former
Lemon Grove Road Station. The property had
undergone environmental cleanup in April 2000; and
in December 2011 the Department of Environmental
Health (DEH) signed off and closed the case. As
part of its due diligence, the City of La Mesa hired an outside consultant to conduct an Environmental Site
Assessment of the property to confirm there were no
remaining hazardous materials, and there were none.
On July 2012, the site was purchased by the City for
$650,000 over the course of a four-year period using
park impact fees which are designed to mitigate
the impact of new development on municipalities,
existing facilities, and infrastructure for residential developments.
The 2012 City of La Mesa Park Master Plan identified
a future park at Waite Drive and Murray Hill Road as a
valuable parcel to add to the City’s park land inventory which will contribute toward enhancing recreation
opportunities for the surrounding neighborhood.
During the recent history of the site, the property
has been used intermittently by City contractors and
partner agencies for construction material lay down.
In December 2021, the City received funding
through the California State Department of Parks
and Recreation Local Assistance Specified Grant
program to create a master plan for the proposed
park. The San Diego based landscape architecture
firm of Schmidt Design Group (SDG) was selected to
consult and began work in January 2022.
History and Background
Remaining foundations from the former
Lemon Grove Road Station
J.W. Waite fruit packing label
Former Lemon Grove Road Station site plan
Park at Waite Dr - Master Plan and Progress Report 6 of 45 Site Context and Analysis
Sun and Wind Direction
The climate in La Mesa is warm and dry in the
summer with daytime highs that can reach above
90 degrees. In the winter, cloud cover is more
typical with daytime highs in the 70’s.
Prevailing winds typically blow from the west.
During Santa Ana conditions, the wind direction
will reverse towards the west.
Slope Condition
The topography of the site slopes steeply from
Murray Hill Road on the east side of the property.
The elevation drops approximately 25’ down from
Murray Hill Road on the northeast corner of the
site before it begins to level out across the rest of
the property.
The rest of the site gently slopes to the west. This
gently sloped area is more usable space for park
amenities and equals approximately 2.24-acres.
Open Space to the North
The property directly to the north of the project site
is owned by the Murray Ridge HOA to the north.
This land is currently open space and is not going
to be used for the park project.
Existing Access
Currently, the only access to the site is a driveway
along Waite Drive approximately 115’ west from
the corner of Waite Dr. and Murray Hill Rd.
Western Edge Condition
The western edge of the property has a mixed
condition of fencing, retaining walls, and existing
building foundations. The property is directly
adjacent to residences to the west.
The current topography of the site is elevated
3’-4’ above the adjacent residential backyards.
The varying conditions along this edge create a
makeshift drainage swale between the topography
and the neighbors fencing.
Existing Trees
Multiple Canary Island pine trees as well as one
California pepper tree are existing on the property
in good condition. These fully mature trees are
low water use and will be saved in the future park
design in accordance with sustainability efforts.
High Traffic Conditions
Murray Hill Road is a thoroughfare that connects
University Avenue with the 94 freeway. Additionally,
Murray Hill Road connects to the Lemon Grove
business district along Broadway. This makes
Murray Hill Road a heavily trafficked corridor.
Waite Drive also has significant traffic as it
connects the neighborhoods of Rolando Park and
Vista La Mesa with Murray Hill Road.
The intersection of Murray Hill Road and Waite
Drive can get congested with multiple cars -
consideration for existing driveway to the site to be
moved further west to avoid this backup.
Existing Tree Trunks
A pile of cut down tree logs is on site at the property.
These mostly eucalyptus timbers vary in size from
a few inches to a few feet in diameter. They are
being stored on site for use in future park designs
including the design at Waite Drive.
Slope along east side facing south towards Waite Drive Western edge condition of the site
Park at Waite Dr - Master Plan and Progress Report 7 of 45 Figure 1.3 : Site Context and Analysis
SIGNIFICANT SLOPE ON EAST SIDE
HIGH TRAFFIC ON MURRAY HILL RD.
THOROUGHFARE FROM UNIVERSITY AVE. TO
94 FREEWAY
HIGH TRAFFIC ON WAITE DR.
CLOSE PROXIMITY TO NEIGHBORHOODS ON WEST SIDE
EXISTING RETAINING WALLS
290’
400’
OPEN SPACE TO THE NORTH
EXISTING PINE TREES TO REMAIN
EXISTING PEPPER TREE TO REMAIN
EXISTING WOOD LOG PILE
VARYING EDGE CONDITIONS ON WEST SIDE OF PROPERTY
N
Park at Waite Dr - Master Plan and Progress Report 8 of 45 2 Outreach & Design Process
Method
A major goal of the master plan report is to document the public input process that engages the community over the life of the project. A multi-pronged approach was used to gather the desires and thoughts of the residents and users. City of La Mesa staff was also asked to provide professional input.
Public workshops, a community-wide survey, face-to-face pop-up event at the future park location, use of social media, email correspondence, and a public presentation at the La Mesa Community Services Commission meeting were used as part of the scope of this study. It is important to note that an open community input period was designed to be between major design phases to provide as many opportunities for input as possible.
By actively involving the local neighborhood, design considerations were tailored to meet the needs and wishes of the community. Design of the park master plan is guided by the feedback and engagement of the surrounding community.
• Community Meeting #1: Park Introduction - March 16, 2022 • Community Input Survey: March 16 - April 11, 2022
• Community Meeting #2: Park Design Alternatives - June 15, 2022 • Community Meeting #3: On-site Pop-Up Event - June 18, 2022 • Community Input Period on Design Alternatives: June 15-30, 2022 • Community Meeting #4: Community Services Commission - September 14, 2022 • Community Services Commission: Presentation of Draft Master Plan Report - December 14, 2022 • Community Input Period on Draft Master Plan and Progress Report: December 16, 2022 - January 8, 2023 • City Council Presentation: January 24, 2023
• Environmental Document Release for Public Comment
• Final Council Approval
Timeline
Park at Waite Dr - Master Plan and Progress Report 9 of 45 Workshop Summary
The first community workshop was hosted on
Zoom by the City of La Mesa on March 16, 2022.
Sue Richardson, Director Community Services
Department, City of La Mesa, welcomed attendees
and gave an introduction to the project. In addition
to City staff, approximately 53 community members
attended to learn about the new park project.
Jim Newland, from the La Mesa Historical Society,
provided a historical context. This context included
background of the J.W. Waite family and the history
of the park site being an unincorporated area for
many years prior to becoming part of La Mesa.
Glen Schmidt, President of Schmidt Design Group,
conducted the community workshop and led the Q
& A at the end of the presentation. Julian Rosario
and Steve Grosch, also with Schmidt Design Group,
recorded community feedback and assisted with
answering questions.
The primary goals of the meeting were:
1. Discuss the following for a new neighborhood
park: the history of the space, site context and
analysis, constraints, and opportunities for
improvements/amenities.
2. Introduce online survey.
3. Gather preliminary feedback.
4. Discuss the process for creating a Master Plan
for a future park.
The presentation started with an introduction to
the site including a thorough breakdown of existing
conditions and constraints. These included the
slope/topography of the property, proximity to
the 94 freeway and to neighbors on the west, and
weather patterns for the area.
After getting to know the existing site, Glen
Schmidt introduced potential park amenities that
are possible with a park of this nature. The features
included the following:
• Multipurpose turf area
• Off-leash dog run
• Children’s playground
• Multipurpose courts
• Sport courts such as volleyball, pickleball, bocce
ball, or basketball
• Picnic or BBQ facilities
• Community garden
• Public restroom
• Outdoor fitness stations
• Walking/running paths and trails
• Opportunities for community art
• Group shade structure
Next, the discussion transitioned to park character
and visioning. This was an introduction to park
precedent imagery and options for how the park
will “feel” as a visitor. A wide range of options were
presented along with past projects from Schmidt
Design Group, designs including Briercrest Park,
Camino Ruiz Park, Civita Park, and Stylus Park.
A live poll was taken during the online meeting.
Attendees were given the opportunity to vote on
what park character they envisioned most for the
site. Overwhelmingly, “native and natural” became
the leading choice for the park’s character. See the
image below for full poll results.
Community Workshop 1
Open Discussion Forum
During the final portion of the meeting an open
discussion forum was conducted to gain feedback
from the community. The following items are a
synopsis of that discussion. For a full breakdown,
please see Part 5 Appendices.
• Lots of families in the neighborhood - family
friendly playground
• Security concerns and Crime Prevention
Through Environmental Design (CEPTED)
• Sustainable design including the use of native
plants and trees, water retention, and the use of
solar lighting
• Design for multiple activities ranging from
walking paths, exercise equipment, parkour
elements, and rolling-skating area
• Traffic concerns along both Murray Hill Rd. and
Waite Dr., traffic calming opportunities and the
need for off-street parking
• Public art opportunities by local artists
• Discussion about safety, providing public
bathrooms and whether bathrooms can be
locked
• Proximity to Helix High and the need for access
to the park from Murray Hill Rd. for walkers
along that street
• Proximity to neighbors along western edge,
providing privacy from the park and designing
for low noise activity next to western boundary
• The need for shade in the park either through
tree canopies or shade structures
• Possible water feature
Park character online poll conducted during workshop
Attendees join the online Zoom workshop
Park at Waite Dr - Master Plan and Progress Report 10 of 45 The public online survey was introduced at the
first community workshop on March 16, 2022 and
through a link on the City of La Mesa website until
April 11, 2022. It was created and hosted online using
Microsoft Forms. This was an important tool to gather
feedback in response to questions pertaining to the
character, activities, features, and considerations
that were most important to the local residents who
would most often visit the park.
The first four questions of the survey inquired
about the respondents themselves and how often
they would likely visit this specific park. Of the 295
respondents, the vast majority (265) were in the La
Mesa area with zip codes of 91941 and 91942. Most
of the respondents visited parks often and even lived
within walking distance of the future park site.
Online Survey
Question five was a critical question in determining the priorities for park amenities from survey respondents. A list of possible park amenities was given and respondents were asked to choose whether they were high, medium, or low priority. There were also options for not including the feature or having no opinion on that activity. The chart below depicts the answers with high priority in green, medium in blue, low priority in tan, that it shouldn’t be included in red, and no opinion in gray. The highest priority features based off of answers for high or medium priority by respondents are organized at the top of the graphic. Respondents put a high priority on a tree grove for shade, walking/ jogging path, security lighting, children’s playground, and public restroom. The design alternatives presented at the second community workshop include the features that most respondents put as high or medium importance.
Figure 2.1: Analysis of survey question #5
Park at Waite Dr - Master Plan and Progress Report 11 of 45 Online Survey
The next question was also open-ended and inquired
about any further thoughts about the park. The above
dot chart indicates how often a topic was mentioned
in the responses. Again, the public felt strongly about safety, undesirable activity by homeless individuals,
a native and natural aesthetic, and providing shaded
gathering spaces.
The final question was geared toward getting a feel
for what the park should be named. Although this
will be chosen at a later time in the design process, it is valuable input to be considered in the future when
the naming of the park is being done. At the top were
names that were indicative of the street names -
either Murray Hill Park or Waite Park.
Questions six and seven of the survey focused on the overall vision of the park. When asked to describe the over-arching vision for the character of the park the resounding choice was for “native and natural”. Additionally, “full of activities” and “peaceful and quiet” were popular choices. The design alternatives presented at the next community workshop both have native plant palettes and elements, multiple options for activities, and areas for quiet reflection.
Question seven was an open-ended write-in question that asked respondents to describe the top considerations for the park. The word map below depicts the most often repeated topics in larger text. The most prominent considerations that were mentioned were playground, shade, safety, dog park, walking trail , and considerations for homeless.
Figure 2.2: Word map of survey question #5
Question 7. Top ten recurring considerations
Park at Waite Dr - Master Plan and Progress Report 12 of 45 Community Workshop 2
Workshop Summary
The second public park workshop for the
new neighborhood park was held on June
15, 2022 at Helix Charter High School.
In addition to City staff, approximately
15 community members joined in person
and 25 community members attended
online to share their thoughts and ideas
on the new park.
The primary goals of the meeting were:
1. Summarize the findings from the first
community workshop and survey
with attendees.
2. Present two park design alternatives.
3. Receive input in an “open forum”
format.
The meeting started with an introductory
welcome from Matthew Bohan, Chair,
Community Services Commission, City
of La Mesa. Sue Richardson, Director of
Community Services, City of La Mesa,
welcomed the participants and provided
an overview of the project. Glen Schmidt,
President of Schmidt Design Group,
reviewed the site opportunities and
constraints, and reviewed the process
for the evening’s activities.
Following the introductions, Glen
Schmidt summarized the findings fr
om the first community workshop and
survey, and reviewed the two preliminary
master plan alternatives with attendees.
Design Alternative #1
Park Plan #1 derives inspiration from the
community’s desire for active spaces for
a variety of uses. This plan included the
following amenities:
• Large shaded picnic area
• Children’s playground
• Multi-use lawn
• Walking loop
• Two basketball half-courts
• One centralized fitness area
• Restroom/comfort station
• Fenced synthetic turf dog run
• Shade trees and landscaping
• Off-street parking (14 stalls)
• Bio-retention system
• Connection to Murray Hill Rd.
Community Input Summary: Design Alternative #1
Following the presentation, the floor was open to discuss the two preliminary master plan alternatives. Each attendee was given a chance to comment. Feedback was recorded by Schmidt Design Group on note pads. The responses are summarized below:
The following items pertain to the amenities that were well-liked:
• Connection to Murray Hill Rd.
• Fitness station
• Space to gather
• Shade structure
• Security lighting
The following items pertain to suggestions by attendees:
• Add opportunities for public art - especially on walls • Look at different dog run configurations and add a path around it
• Consider “wow” factor - local art, history, educational activities
• Design sensitivity along residential property line
Figure 2.4: Conceptual design alternative #1
Figure 2.3: Section cut view from the west property line, across the playground to the east connection to Murray Hill Rd.
Park at Waite Dr - Master Plan and Progress Report 13 of 45 Community Workshop 2: Design Alternatives
The following items pertain to the amenities that were well-liked:
• Fenced decomposed granite dog run
• Pollinator garden/sustainable planting selection
• Unique play area/slope play
• Overall preference for alternative 2
The following items pertain to suggestions by attendees:
• Add more activity for adults
• Consider patrols and additional policing of site. City to install cameras
• Provide seating throughout
• Consider relocating the dog run and high activity amenities away from residences
• Design sensitivity along residential property line
DESIGN ALTERNATIVE #2
Park Plan #2 draws inspiration from the
community’s desire for nature and play.
This plan included the following amenities:
• Multiple shaded picnic areas
• Children’s playground
• Three fitness nodes
• Decomposed granite walking paths
• Community performance space
• Exploratory nature play and education
• Bio-retention system
• Restroom/comfort station
• Fenced decomposed granite dog run
• Shade trees and landscaping
• Off-street parallel parking (15 stalls)
• Pollinator garden
Community Input Summary: Design Alternative #2
Following the presentation, the floor was open to discuss the two preliminary master plan alternatives. Each attendee was given a chance to comment. Feedback was recorded by Schmidt Design Group on post-it boards. The responses are summarized below:
Figure 2.5: Conceptual design alternative #2
Glen Schmidt presents design alternatives
Comments recorded on note pads - see
appendix for full notes
Figure 2.6: Section cut view from the west property line, across the playground to the east connection to Murray Hill Rd. Page 111 of 176
Park at Waite Dr - Master Plan and Progress Report 14 of 45 On-site Pop-Up Event at Future Park Location
Site Visit Summary
The site visit for the new neighborhood park was held on June 18, 2022 at the future park location - 7400 Waite Drive.
In addition to City staff, approximately 40 community members attended to share their thoughts and ideas on the new park.
The primary goals of the meeting were:
1. Present two (2) park design alternatives
2. Receive input in an “open house” format with opportunity for one-onone dialogue
3. Walk community through the site
4. Progress towards final preferred park design
The gates to the site were unlocked and open to the public. Sue Richardson, Director of Community Services, City of La Mesa, welcomed the participants and provided an overview of the project. Glen Schmidt, President of Schmidt Design Group, reviewed the Master Plan alternatives and addressed any questions or concerns. Julian Rosario and Steve Grosch, also with Schmidt Design Group greeted the community and engaged in dialogue.
Community Input Summary
Boards with the plans were set up for the community to comment on. A site tour was offered to walk through the space and gather feedback while imagining the future space. Additionally, each attendee was given a comment card and site map to write and draw their feedback on. The responses are summarized below.
Design Alternative #1
The following items pertain to the amenities that were well-liked:
• Connection to Murray Hill Rd.
• Multi-use lawn
• Variety of functional spaces
• Bathroom
The following items pertain to suggestions by attendees:
• Add bike parking with tools
• Smaller dog run/no dog run and whole park off-leash before 9 a.m. and after 6 p.m.
• No synthetic turf
• Add habitat for existing bird species on site
Design Alternative #2
The following items pertain to the amenities that were well-liked:
• Dog run location
• Pollinator garden - could function as a nature walk or interpretive trail • Overall preference for alternative 2
• Off-street parking
The following items pertain to suggestions by attendees:
• Add more activity or sports courts for adults
• Consider a lawn and loop like in alternative 1
• Opportunities for disc golf, musical play, pickleball, rollerskating • Connection to Murray Hill Rd.
• Consider adding more buffer between the dog run and the residences Attendees discuss the two design alternatives while on site Attendees were given a site map to markup with design ideas and suggestions Attendees walk the space of the future park site Community feedback cards were distributed at the event
Park at Waite Dr - Master Plan and Progress Report 15 of 45 Community Services Commission Presentation
The Community Services Commission presentation of the Park at Waite Drive Master Plan for the new neighborhood park was held on September 14, 2022 at The La Mesa Community Center.
In addition to the City staff and the Community Services Commission Board, approximately twenty (20) community members attended in-person along with another twenty (20) individuals who attended via Zoom to share their thoughts and ideas on the final design.
The primary goals of the meeting were:
1. Review findings from the previous two community workshops along with the in-person tour event and concept survey.
2. Present the draft Master Plan design that was created based on a combination of the previous two alternatives and feedback from the community.
3. Receive input in an “open house” format with opportunity for direct dialogue.
The meeting was held in a hybrid format both in-person and with a Zoom link. Matthew Bohan, Community Services Chair, provided the introduction. Sue Richardson, Director of Community Services, City of La Mesa, welcomed the participants. Glen Schmidt, President of Schmidt Design Group, presented in detail the Draft Master Plan design and then opened up the discussion for comments and questions from those present as well as the on-line participants. Julian Rosario and Steve Grosch, also with Schmidt Design Group recorded community feedback and assisted with answering questions.
Master Plan Design - Suggestions
The following items pertain to suggestions by attendees:
• Smooth concrete joints on walking path for rollerskating • Solid shade structures for maximum protection from the sun • Security features including cameras that focus entirely on the park, a parking lot gate that can be locked at night, increased fencing along Waite Dr., and a site supervisor or community-oriented supervision of the park
• Concern over ground water protection. A future geotechnical soils study will determine if the bio-basin proposed will be lined • Electrical outlets near lawn area for uses such as
outdoor movies/concerts
• Using wood that has a long lifespan for all of the wood features • Multiple drinking fountains including one near the dog run • Stabilized decomposed granite or mulch layer in
dog run to decrease dust
Master Plan Design - Well-liked Amenities
The following items pertain to the amenities that were well-liked:
• Connection to Murray Hill Rd.
• Nature-themed playground with wood timber features, tower, and slope play • Variety of functional spaces
• Landscape buffer along western edge for privacy
• Restroom with two (2) family-style units with drinking fountain and bottle filler • Multi-use lawn
• Fitness area
• Elevated decomposed granite dog run
• Walking loop around the park with tables and benches
• Half-court basketball
• Group shade structures and picnic tables
• Shade fabric over several play structures and shade trees throughout the park • Off-street parking lot location and accessibility
• Privacy for neighbors including fence along western and northern sides • Native and Mediterranean plant palette
• Solar powered security lighting
• Bike parking
Boards with the plans were set up for the community to review along with the presentation. Community input was recorded on flip chart pads. Additionally, online attendees could ask questions and comment via the Zoom chat.
Community Input Summary
Figure 2.7: Draft Master Plan design
Feedback and comments during the Q & A portion of the Community Services Commission meeting. Page 113 of 176
Park at Waite Dr - Master Plan and Progress Report 16 of 45 + Native, natural, and sustainable design providing visitors the opportunity to connect with nature.
+ Provides multi-generational and multi-cultural experiences. + Is a safe and comfortable environment, full of activities and “eyes on the park”.
+ Promotes health and wellness with opportunities for exercise, unique play experiences, and social connections.
+ Provides opportunities for contemplation and quiet reflection. + Is sensitive to the nearby residences.
3 Master Plan Design
Vision
The original intent of the site is to provide a neighborhood park to the local residents. Guiding principles were formed from the engagement process with the local neighborhood. These principles primarily direct the vision for park.
The final plan combines the best features of the two design alternatives that were presented at the second community workshop. The park provides a multitude of activities for all ages. The primary goals based off of community feedback were to create a “natural feel” throughout the design while also incorporating opportunities for exercise, quiet reflection, and unique play experiences. By providing many uses in the park, there will be a steady flow of park-goers which is intended to make sure there are consistently “eyes on the park”. This feature combined with a site wide fencing, solar security lighting, a lockable vehicular entrance gate, and unobstructed view corridors all curtail undesirable activity.
The site’s main elements reflect the highest priority amenities desired by the community. Each element is analyzed and a description of its improvement to the site is included in the following section.
Guiding Principles
Main site elements
Accessibility & furnishings
Screening & fencing
Nature-themed playground
Tot lot playground area
Fenced dog run with decomposed granite surface
Lawn
Fitness zone
Shade structure with picnic tables
Half-court basketball court
Site-wide 8’ wide accessible concrete walking loop
Family style restroom with accessible outdoor sink and
water station. Maintenance garage and storage
13 parking spaces including 2 accessible parking spaces Elevated wooden ramp and concrete stairs
Park monument signage
Opportunities for public art
Trash enclosure with trellis cover
Benches with backs
Picnic tables
Bike racks
Existing trees to remain
Slope direction
Approximate elevations
123456789
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 PA
-------------------------------
19 25
23 11
22 16
28 26
18 21
15 18 18 23
29 30
18 13
25 20
24 17
12 14
21 27
1 2
4 6
7 9
3 8
5 PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
Draft Final Master Plan
Landscape buffer and bio-basins
Tree grove buffer along west property edge
3.5’ ht. lodge-pole fence at Waite Dr. and Murray Hill Rd. 5’ ht. decorative black wrought iron fence at dog run
6’ ht. black vinyl chainlink fence at north property line 6’ ht. wood fence along west property line
8’ ht. wood fence along northwest property line
Score joints
Citrus grove with interpretive panel
Parking gate
Planting area: native and low water use shrubs,
groundcover, and trees
Figure 3.1: Illustrative site plan
17 of 43 Page 115 of 176
Park at Waite Dr - Master Plan and Progress Report 18 of 45 Bird’s-eye Perspective Rendering
Figure 3.2: Concept rendering of design intent
Park at Waite Dr - Master Plan and Progress Report 19 of 45 The site slopes from the northwest, along Murray Hill Road, down to the southwest, along Waite Drive.
It is immediate and intense at first, then follows a steadier grade moving west. The section cut indicated by the blue line on the map to the right illustrates the varying grade changes of the park. The design incorporates the slope into various elements including the elevated wooden ramp to Murray Hill Road and the slope play at the playground. This line sees about a 30’ decline in elevation moving from east to west.
The slope play area of the playground will connect to the iconic play tower by a bridge suspended over the walking path that goes around the park. The main features of the park including the play area, shade structure, basketball court, fitness station, restroom, and turf area all remain on generally the same elevation level. The dog run sits on the plateau above to the north.
The western boundary along the bio-retention buffer slopes again to be even with the properties to the west. This native and natural wooded grove with a bio-retention basin along the west end creates a privacy buffer along the fence line.
Section Cut
Figure 3.4: Section cut from western property line to Murray Hill Road Figure 3.3: Blue line depicting section cut line
SCALE: 1” = 40’
0’ 20’ 40’
Nature-themed Playground
Park at Waite Dr - Master Plan and Progress Report 20 of 45 The playground at the center of the park was thoughtfully designed to create a unique experience for children to play and connect with nature. Wood was chosen as the primary building material as it reinforces the native and natural aesthetic desired by the community. It is a flexible, natural, and renewable resource.
A 24’ tall wood tower anchors the site and hopes to be an iconic play structure that draws users from around the neighborhood. It features a distinctive climbing experience up the multiple layers of the structure with an option to go down a slide from the top or cross over a suspended bridge to the hill play section of the playground. This section features a unique slope and climbing play style by incorporating the site’s natural elevation change. This structure is fully transparent, which is important for safety and security. The playground, since over 24 feet, will need to get a variance approval from the Planning Commission .It does not block any view sheds looking east.
There will be a children’s play area for 5-12 year olds, as well as a tot playground for younger children. A giant rope and log swing for group play, leaf shaped wooden wobble boards, wood steppers, rope netting, and natural wood timber climbing logs all contribute to the nature-based design of the play area. Earthscape is the recommended playground manufacturer behind many of the play structures selected for the site. They specialize in designing and constructing inclusive, innovative, unique, and challenging wooden structures.
Shade is provided in the area by shade sails over the tot playground and the wooden timber climbing logs. A walking path encircles the playground with bench seating. The playground design is rigorously evaluated to ensure compliance to safety standards; ASTM F1487 in the United States and accessibility compliance requirements.
Nature-themed Playground
Park at Waite Dr - Master Plan and Progress Report 21 of 45 Precedent imagery depicts design intent: focus on exploration and organic materials
Park at Waite Dr - Master Plan and Progress Report 22 of 45 SCALE: 1” = 40’
0’ 20’ 40’
Dog Run
A fenced dog run that allows for off-leash play sits at the northern end of the park. It is graded above the playground and lawn to the south. A popular feature for urban areas, dog runs provide an outdoor space for throwing a ball as well as community interaction for pet owners. Based off feedback from the workshops, the community strongly preferred decomposed granite rather than synthetic turf in the dog run. Decomposed granite is easy to repair and maintain, as well as requiring no regular watering.
In addition, a pet drinking fountain can be installed at the entrance.
The dog run acts almost like an elevated plateau - allowing a separation of space between park goers and additionally ensures there will be consistent “eyes on the park” from an elevated vantage point.
Dog owners tend to be a reliable demographic who take ownership and act as stewards of the spaces they frequent.
Park at Waite Dr - Master Plan and Progress Report 23 of 45 SCALE: 1” = 40’
0’ 20’ 40’
Lawn
In the southwest corner of the site lies an open lawn for neighbors to gather. Wide open grass areas are proven to be some of the most flexible public spaces; they can be used for a wide range of activities such as group gatherings, kicking a ball around, group workouts, or setting up a “bounce house” for a birthday party.
While suitable for these uses, it is approximately 7,700-square-feet and not sized for active sports/league activities. Many options for play, relaxation, and activity are presented to park goers. Locking electrical outlets will be nearby for community events such as movie nights where a small projector would be used.
The centralized, easily accessible location next to the shade structure, fitness, parking, and playground makes this a connecting feature of the design. The walking path of the park extends around the lawn.
Additionally, this space is easily seen from the road and does not offer any hiding spaces.
Park at Waite Dr - Master Plan and Progress Report 24 of 45 Fitness Zone
The fitness zone of the park is located next to the
playground and turf grass area so that parents can
work out and still be within eyesight of children
playing. The fitness area will contain multiple
pieces of exercise equipment designed in a natural
aesthetic. The fitness area will have resilient
surfacing in multiple natural colors and a shade
structure overhead. This zone is critical for providing programming to older age groups.
Half-court Basketball
An additional exercise feature of the park is the halfcourt basketball located near the playground on the east side of the park. Half-court basketball was
specifically selected as it promotes family-friendly
play and casual games. The fun shape of this space
and the colored striping add to the natural aesthetic
of the park.
SCALE: 1” = 40’
0’ 20’ 40’
Park at Waite Dr - Master Plan and Progress Report 25 of 45 SCALE: 1” = 40’
0’ 20’ 40’
Group Shade Structure
The shade structure is centrally located and in close proximity to the playground, lawn, parking lot, and restroom. Having the shade structure as the “meeting point” between the features of the park allows for easy transition from one activity to the next and makes it easy to see the entire park from this area.
Additionally, the proximity to the parking lot makes unloading items easy for events such as birthday parties.
The shade structure has an organic custom shape with latticed timber beams adding to the natural aesthetic of the park. Its geometry opens to the site with wide sweeping arcs forming the roof structure. The latticed trellis may be substituted with a solid or opaque roof to provide more shade coverage. Ample space for three picnic tables is provided beneath the shade structure.
A second, scaled down shade structure with similar
characteristics will be provided at the dog run. Space for two picnic tables will be provided underneath. Additional shade structures may be explored throughout the site, such as over play areas, benches by the play area, the fitness plaza, and near the basketball court.
Restrooms provide irreplaceable function to a public
space and works to serve all its users. The restroom
features two family-style units with an accessible
outdoor sink and water station. It is located near
the parking lot, making it highly accessible for users, maintenance, and security. The building also features
a one-car garage and storage for park staff to store
maintenance tools. Along the east face of the building
is where bike racks are located for users who choose
to cycle to the site.
Restroom & Garage Building
Park at Waite Dr - Master Plan and Progress Report 26 of 45 SCALE: 1” = 40’
0’ 20’ 40’
Elevated Wooden Ramp Connection to Murray Hill Rd.
An elevated wooden ramp provides a vital connection to the park for users coming down Murray Hill Road. Without it, they would have to walk all the way down to Waite Dr. This connection makes the park more accessible and entry to the park safer. The steep incline of the east slope of the site would call for extensive retaining walls if a standard ramp was constructed. An elevated wooden ramp is a more elegant solution with a much smaller footprint.
Along with the central wood tower, the wooden ramp is another iconic structure unique to this park design. The experience walking on the ramp offers users access to one of the sites best natural features - its views. The wooden design ties in with the rest of the site and works with the existing topography. With the ramp raised above grade, the natural slope is preserved. Concrete stairs are also provided as a more direct connection.
This connection was a key desired element repeated in the community workshops. People wanted better access to the park from the north for park-goers, students going to or from Helix High School, or those simply on a neighborhood walk. The ramp connects to the east edge of the walking loop, allowing dog owners direct access to the dog run without going through the entire park.
Park at Waite Dr - Master Plan and Progress Report 27 of 45 Landscape Buffer and Bio-Basins
The west side of the park borders residential properties. One of the top priorities with the park design is to maintain or increase the existing home owners’ level of privacy and security. The plan calls to replace the existing, irregular, and dilapidated fence with a uniform solid fence that increases from 6’ height to 8’ in height. The fence will follow proposed topography changes and increases in height to provide adequate screening and ensure privacy for the adjacent residences.
The park site naturally drops in grade towards the west which creates an opportunity for a bioretention basin. A bio-retention basin that extends the entire length of the western edge is proposed to provide stormwater storage for the entire site. Currently, the site drains into some of the adjacent properties. This makes regrading this edge even more important. The bio-retention basin will be planted with native plants and trees to provide shade for the park, give a natural creek bed look, and increase screening for the homes.
Park at Waite Dr - Master Plan and Progress Report 28 of 45 Site-wide Walking Loop
A site-wide 0.2-mile walking loop provides an added fitness opportunity to the park as well as a fun option to ride bikes or tricycles without turning around. The elevation changes are gradual but add a bit of a challenge if using the loop for exercise. The loop is fully ADA compliant, enabling all users the ability to use the entirety of the path. The vantage points along the loop continually change and give different perspectives of the park. Seating nooks and benches are placed throughout the loop as interesting places to rest. Interpretive panels along the loop provide education opportunities to learn about the site history, local flora, and stormwater management.
Park at Waite Dr - Master Plan and Progress Report 29 of 45 Approved Plant List Botanical Name
Abutilon palmeri
Artemisia californica ‘Canyon Grey’
Baccharis spp.
Calliandra californica
Carpenteria californica
Dendromecon harfordii
Dudleya brittonii
Eriophyllum confertiflorum
Galvezia speciosa
Heteromeles arbutifolia
Iris douglasiana
Iva hayesiana
Juncus textilis
Leymus triticoides
Lomandra longifolia ‘Breeze’
Mahonia spp.
Malosma laurina
Muhlenbergia rigens
Ribes viburnifolium
Rhamnus californica ‘Eve Case’
Rhus integrifolia
Rosa californica
Salvia melifere
Simmondsia chinensis
Verbena lilacina ‘De La Mina’
Viguiera laciniata
Common Name
Indian mallow
California sagebrush
Baccharis
Baja fairy duster
Bush anemone
Island bush poppy
Giant chalk dudleya
Golden yarrow
Island bush snapdragon
Toyon
Douglas iris
San Diego marsh elder
Basket rush
Wild rye
Lomandra breeze
Grape holly
Laurel sumac
California deer grass
Catalina currant
Coffee berry
Lemonade berry
California wildrose
Black sage
Jojoba
Lilac verbena
San Diego County viguiera
Plant List
The plant palette is largely plants and trees that are native to this region along with Mediterranean plants and trees that are well adapted to the Southern California climate.
A variety of sizes, textures, and colors make up the palette to add variety throughout the seasons. Plant qualities such as resiliency, low-water use, pollinator friendly, and drought-tolerance are prioritized.
Park at Waite Dr - Master Plan and Progress Report 30 of 45 Preliminary Grading and Drainage Plan
The site slopes generally from the northwest, along Murray Hill Road, down to the southwest, along Waite Drive. There is about 45’ of elevation difference from the northeast corner of the site to the southwest. It is immediate and intense at first, then follows a steadier grade moving west.
The grading strategy is to work with the existing topography as much as possible. The natural slope is highlighted in the design. Regrading will be done to create two distinct levels of accessible activity zones. The dog run is the upper level in the north and the playground, lawn, and parking lot form the bottom level to the south.
The proposed drainage design will mimic the existing drainage pattern from the northeast to the southwest. The proposed improvements will result in an increase in run-off, which will be mitigated in the proposed basin along the western edge of the site. The entire site is designed to drain to the bio-retention buffer on the west and Waite Dr. to the south. On-site drainage systems will convey flow from the site to the proposed basin. Underdrains will be provided for the playground and workout areas and will also convey run-off to the basins. Since there is no existing storm drain in Waite Drive along the project frontage, a new storm drain is proposed to convey discharge from the basin to the existing storm drain system approximately 150’ west of the site at Harris Street.
The project will be subject to City stormwater quality requirements for Priority Development Projects (PDP). This will require low impact development (LID) site design, source control, pollutant control (treatment), and flow control (hydromodification management). The sizing and selection of Best Management Practices (BMPs) will be documented in a Water Quality Technical Report (WQTR) that will be prepared during final design. The proposed site improvements include the biofiltration basin located along the western edge of the site. This basin will service both water quality and flood control purposes. The project will also require a Stormwater Pollution Prevention Plan (SWPPP) prior to the start of construction. The project will likely be subject to the newly approved State requirements in the Construction General Permit.
Preliminary Water Quality
Figure 3.5: Preliminary grading and drainage Plan
WAITE DRIVE
MURRAY HILL ROAD
CONNECT TO
EXISTING
STORM DRAIN
2:1 MAX
2:1 MAX
2:1
MAX
2:1
MAX
2:1
MAX
2:1
MAX
465
470
475
480
485
465
465
465
470
450455
450
450
450
455
455
455
450
450
450
450
(445)
(450)
(455)
(460)
(465)
(470)
(475)
(480)(485)
LEGEND
PROPOSED CONTOUR
STORM DRAIN
UNDERDRAIN
450
(455)
(460)
(465)
(470)
(475)
(480)(485)
LEGEND
PROPOSED CONTOUR
STORM DRAIN
UNDERDRAIN
450
Park at Waite Dr - Master Plan and Progress Report 31 of 45 Preliminary Drainage Study
Figure 3.6: Preliminary Drainage Study cover Figure 3.7: Hydrology calculation results Figure 3.8: Web soil survey A preliminary drainage study for the project site was prepared as a stand alone document companion to the master plan report. The proposed improvements result in an increase in peak flow rate. Preliminary sizing calculations are provided for 100-year peak flow attenuation. The Drainage Study also includes sizing calculations for on-site drainage systems.
The study addresses the following objectives:
1. Quantify and compare the 100-year peak flow rate in the existing and proposed conditions to assess the project’s impact on existing drainage facilities.
2. Perform sizing calculations for on-site drainage systems.
3. Perform preliminary sizing calculations for the multi-purpose basin.
The following figures are exerpts from The Preliminary Drainage Study, which is is attached as a separate document.
Park at Waite Dr - Master Plan and Progress Report 32 of 45 Preliminary Drainage Study
Figure 3.9: Hydrology map
Park at Waite Dr - Master Plan and Progress Report 33 of 45
WAITE DRIVE
X
X X
X
X
X X X X X X X X X X X X X X X X
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
Preliminary Electrical and Lighting Plan
The electrical services available for Waite Park from SDG&E, is a single phase 1 20/240 V system with the maximum amperage of 200 Amps. The existing transformer at Waite Dr. will be reused with a new 200 Amp meter pedestal installed. This amperage will be sufficient to power the park along with the planned comfort station building. The planned electrical pedestal will be stainless steel in construction.
Pedestrian and parking lot solar powered lighting will be provided throughout the site. Walkways, the parking lot, the main shade structure, and the building will be enhanced by down lighting. All lights will be diecast aluminum for long life and low corrosion. Lights on the shade structure will be wired in a way to conceal all wiring as much as possible.
Solar lights are prioritized to align with the sustainability goals of the City. Fixtures with a wooden aesthetic are an alternative finish available from certain manufacturers. Recommended manufacturers and models are specified in the appendix.
Figure 3.11: Preliminary lighting plan
Park at Waite Dr - Master Plan and Progress Report 34 of 45 Environmental Initial Study and Draft Mitigated Negative Declaration An environmental initial study was prepared in compliance with the California Environmental Quality Act (CEQA). The study accompanies the Master Plan Report in aiding the City of La Mesa prepare the space for new public use. As a result, it has been determined that the project does not have the potential to create a significant adverse effect on the environment. A Draft Mitigated Negative Declaration has therefore been prepared as well. The Public Review Period for the environmental initial study ended on July 5, 2023.
Below are excepts from the study.
Park at Waite Dr - Master Plan and Progress Report 35 of 45 Environmental Initial Study and Draft Mitigated Negative Declaration
Park at Waite Dr - Master Plan and Progress Report 36 of 45 4 Construction & Operations
Mission Gorge Park
Preliminary Estimate of Probable Construction Cost
BASE BID SUMMARY Extension
Drainage, & Utilities (Not including Building) $543,400.00 Stormwater Treatment Basins $503,600.00
Construction $2,245,160.00
Site Furnishings/Shade Structures $79,191.75
Playground & Fitness Equipment $1,674,252.50
Lighting and Electrical $158,100.00
Irrigation $255,105.00
Planting $298,450.00
Maintenance $29,690.64
SUBTOTAL HARD COSTS $5,786,949.89
Prevailing Wage Factor 10% of Subtotal Hard Costs $578,694.99 SUBTOTAL $6,365,644.88
Design 5% of Subtotal Hard Costs $289,347.49
Construction Contingency Costs 5% of Subtotal Hard Costs $289,347.49 Grand Total $6,944,339.87
Rough Order of Magnitude Probable Costs of Construction A preliminary rough order magnitude (ROM) of probable costs for construction was created for Design Alternative #1, Design Alternative #2, the Draft Master Plan, and the Final Master Plan Design. The site improvements were analyzed and quantified. Using current market factor/supply chain/inflation impacts an opinion of probable costs was created. It is important to note that construction costs fluctuate with time and large swings in costs were common in the last couple years. Prices have increased over 22% in January 2021 through December 2021 with an estimated 7.9% increase from January 2022 through March 2022. Inflation/escalation pricing is important to keep in mind as the City gets closer to bidding the project.
The (ROM) estimate of anticipated construction costs for Design Alternative #1 is $5.9 million to $6.4 million.
The (ROM) estimate of anticipated construction costs for Design Alternative #2 is $5.6 million to $6.1 million.
The (ROM) estimate of anticipated construction costs for the Draft Master Plan is $6.2 million to $6.7 million.
The (ROM) estimate of anticipated construction costs for the Final Master Plan Design is $6.7 million to $7.2 million.
As the design and program of the park became more defined, so did the associated costs. The increase seen over time shows site elements added and the cost estimates becoming more accurate.
1. The costs below are based on current market factor/supply chain/inflation impacts.
2. SDG has been evaluating prevailing wage as a factor of the overall cost of the project as a quick method to forcast the additional labor costs required to fund a project utilizing prevailing wages vs. standard wages. The prevailing wage rate is the basic hourly rate paid on public works projects to a majority of workers engaged in a particular craft, classification or type of work within the locality and in the nearest labor market area. The prevailing wage rate must be used on government projects of this nature.
Figure 4.1: Summary of ROM from Final Master Plan design cost analysis This section provides information and guidance relevant to funding, construction, and operations.
Park at Waite Dr - Master Plan and Progress Report 37 of 45 Potential Funding Sources Maintenance & Operations
The park at Waite Drive is a typical passive 2.8-acre neighborhood park with amenities to serve the local community like other neighborhood parks in La Mesa. These amenities will require maintenance including landscape maintenance and equipment maintenance costs, cleaning and janitorial services, supplies, trash collection, and utility costs.
Maintenance costs for the park at Waite Drive are projected to be $13,440 annually. The City of Mission Viejo who contracts for all park maintenance services was contacted. They receive specific bids on each of their parks from contractors and has established a cost of $400 per acre per month for passive neighborhood parks such as this.
The park at Waite Drive has a number of elements available to serve the community. There is an opportunity for a revenue stream for use of some of the amenities. Day use/reservable site permits can be issued for up to 50 guests at a cost of $40 for residents and $50 for non-residents.
Based on averages at similar parks in La Mesa there could be approximately 32 permits issued generating $1,280 - $1,600 annually. There may also be an opportunity for commercial use for fitness or small operators which have been conducted in similar parks. Eight permits could be issued for a total of $1,040. Further they may be an opportunity to host contracted youth programs in the grassy area generating $2,000 a year. These details have been generated by the City of La Mesa based on similar use in the City.
There are a variety of potential grant funding sources that the City may consider. There are programs that operate on a federal, state, or local level. Each program has unique criteria, application requirements, implementation requirements, and funding limits. Some require a certain minimum percentage of local funding match in order to qualify. Programs that the City may consider for this project include those administered by the Office of Grants and Local Services (OGALS), California Department of Parks and Recreation, California Natural Resources Agency (CNRA) Bonds and Grants, and the Clean California Local Grant Program (Caltrans). Potential funding sources are also available for specific elements of the project, such as the proposed water quality features. Funding from multiple sources can be acquired, but can also present additional challenges and complications for the project if there are conflicting requirements or schedule constraints.
Park at Waite Dr - Master Plan and Progress Report 38 of 45 5 Appendices
This section is dedicated to the resources used over the course of this process and the documents produced from community research.
Mailers
The following images are the postcards distributed to inform the residents within 500’ of the project.
Social Media
The following are Instagram posts to notify the community of park updates.
Similar images were posted on Facebook, Twitter, and Next Door.
YOU’RE INVITED!
FUTURE PARK
AT WAITE DR.
Virtual Community Workshop
Wednesday
March 16, 2022
6:00pm to 8:00pm
Zoom Link:
https://us06web.zoom.us/j/87507108249
By Phone: (669) 900-6833
Meeting ID: 875 0710 8249
Sue Richardson
[email protected]
HELIX CHARTER HS
UNIVERSITY AVE.
ROOM 1300
ENTRANCE
PARKING
YALE AVE.
YOU’RE INVITED!
-in person and onlineFUTURE PARK
AT WAITE DR.
2nd Community Workshop
Wednesday
June 15th, 2022
6:00pm to 8:00pm
Helix Charter High School
Room 1300
7323 University Ave.
La Mesa, CA 91942
Zoom Link:
https://us06web.zoom.us/j/83987055011
By Phone: 1 (669) 900-6833
Meeting ID: 839 8705 5011
Park at Waite Dr - Master Plan and Progress Report 39 of 45 Online Survey: March 16 - April 11, 2022
The following are images of questions from the public survey conducted online.
Park at Waite Dr - Master Plan and Progress Report 40 of 45 Community Meeting #2: Park Design Alternatives - June 15, 2022 The following images are notes that were taken on large post-it boards in front of the meeting to document comments from the public.
Park at Waite Dr - Master Plan and Progress Report 41 of 45 Community Input Period on Design Alternatives: June 15-30, 2022 Some of the emails received to the project email account.
Park at Waite Dr - Master Plan and Progress Report 42 of 45 Community Meeting #4: Community Services Commission - September 14, 2022 The following images are notes that were taken on large post-it boards in front of the meeting to document comments from the public.
Sign-in sheet and welcome materials Introduction and presentation Post presentation discussions Q & A from in-person and online attendees Community Services Commission Meeting: September 14, 2022 The following are pictures taken at the Community Services Commission public meeting presentation of the Master Plan.
Park at Waite Dr - Master Plan and Progress Report 43 of 45 Referenced Websites
Earthscape Play Equipment
The following are equipment pieces that are part of the children’s playground and the adult fitness area. • City of La Mesa - cityoflamesa.us
• City of La Mesa, New Park at Waite Drive - cityoflamesa.us/1693/New-Park-at-Waite Drive • City of La Mesa Climate Action Plan - cityoflamesa.us/1488/Climate-Action-Plan • Earthscape - earthscape.com
• CRA - cramobility.com
• ExoFit - exo.fit
• 2-5 Nature Play Structures
• Log Tower 3
• 30’ Play Bridge
• Small Bride to Log Tangle
• Presidio Wood Wall
• Retaining Wall for Climbing Structure
• Giant Rope Swing
• Single Bay Swing
• Log Pile 8.2 with Shade Sail
• Slide Platform 900 with Shade Sail
• Stepper Cluster L3
Earthscape Playground Fitness Area
• Fabric Shade Sail Structure - Fitness
• ExoFit ExoPod
• ExoFit 5113 Sit-Up Apparatus & Sign
• ExoFit 5114 Push-Up Apparatus & Sign
• ExoFit 5118 Beam Walk Apparatus & Sign
Park at Waite Dr - Master Plan and Progress Report 44 of 45 Lighting Fixtures
The following are recommended manufacturers and models. See Figure 3.11: Preliminary lighting plan for layout and location of fixtures. 2’ Sign lighting fixture ‘SC’ 20’ Parking lot light type ‘SA’ 12’ Pedestrian light type ‘SB’
Park at Waite Dr - Master Plan and Progress Report 45 of 45 Lighting Fixtures
The following are recommended manufacturers and models. See Figure 3.11: Preliminary lighting plan for layout and location of fixtures.
Basis of Coordinates
The following is basis of coordinates and vertical control used to survey the site.
Preliminary Storm Water Quality Assessment Checklist
Below is an excerpt from the checklist form.
AGUIRRE & ASSOCIATES
8363 CENTER DRIVE, SUITE 5A • LA MESA, CA 91942 • PH: (619)464-6978 • FAX: (619)464-7203 SURVEYING • MAPPING • RIGHT-OF-WAY ENGINEERING
AGUIRRE & ASSOCIATES
PROJECT: Waite Drive Park
JOB # 178122
BASIS OF COORDINATES: (NAD83) (U.S. FEET)
THE BASIS OF COORDINATES FOR THIS SURVEY IS THE NORTH AMERICAN DATUM OF 1983 (NAD 83) CALIFORNIA STATE PLANE COORDINATE SYSTEM OF 1983 (CCS83) ZONE 6 (EPOCH 1991.35) BASED LOCALLY UPON THE FOLLOWING CONTROL POINTS PER RECORD OF SURVEY 16575.
STATION NORTHING EASTING DESCRIPTION
28 1841557.819 6317148.094 BRASS DISC LS 6000 IN CURB INLET 44 1858060.736 6325340.243 BRASS DISC LS 6000 IN CURB
GRID BEARING BETWEEN STA 28 AND STA 44 = N 26°24'00" E.
VERTICAL CONTROL: (NGVD29) (FEET)
ELEVATIONS SHOWN HEREON ARE IN TERMS OF THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD29) BASED LOCALLY UPON THE FOLLOWING CITY OF LA MESA BENCHMARK.
CONTROL POINT ELEVATION DESCRIPTION
3070G05-06 545.95 STANDARD 3 ½” BRASS DISC SET IN COVERED MONUMENT IN CUL-DE-SAC ON CARBO CT, 240’
NORTH OF HIGH ST.
Trellis light ‘SD’
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: October 10, 2023
SUBJECT: CONSIDERATION AND POSSIBLE APPROVAL OF A
RESOLUTION AUTHORIZING THE EXECUTION OF
THE ATTACHED DRAFT AGREEMENT WITH FLOCK
GROUP, INC. FOR THE PURCHASE AND
INSTALLATION OF AUTOMATED LICENSE PLATE
READERS
ISSUING DEPARTMENT: Police
SUMMARY:
Issues:
Should the City Council adopt a resolution awarding the purchase and installation of twenty license plate reader cameras to Flock Safety? Recommendation:
That the City Council adopt the attached Resolution authorizing the execution of the above referenced agreement in substantial form subject to the final review and approval of the City Manager and City Attorney.
Fiscal Impact:
The quoted cost for the purchase and installation of the twenty cameras is $124,500. Funds are budgeted and available in account 603-65860-143-000000 City’s Strategic Goals:
Safe Community
Report to Mayor and Councilmembers
Date: October 10, 2023
Page: 2 of 3
BACKGROUND:
The Police Department has sought out a vendor to provide Automated License Plate Reader (ALPR) cameras to be installed throughout the city, placed in high traffic areas.
The ALPR cameras are intended to assist officers and detectives in solving crime and the apprehension of criminals. Examples of crimes that can be solved are stolen vehicles, wanted vehicles that have been used in a felony crime, to include, but not limited to, robbery, human trafficking, kidnapping and missing and exploited children.
ALPR captures and stores digital images of license plates, and uses character recognition to identify and store plate characters. ALPR devices provide real-time alerts when a vehicle that is stolen or associated with a known suspect, crime, or missing person is detected. ALPR cameras can help determine which vehicle(s) were at the scene of a crime to assist detectives with additional investigative steps. Often, these devices will capture evidence before the Police Department knows the crime occurred.
The captured information is not tied to any personal information or law enforcement databases and will not be shared with any agencies outside of California or restricted federal agencies in compliance with SB 54.
The captured data is stored for thirty days before automatically being deleted, unless specifically saved as evidence for a criminal investigation. The ALPR is not capable of performing facial recognition, nor can they be used for traffic enforcement. Flock cameras are currently in use, or in the process of being added to several surrounding jurisdictions within the County, offering interoperability that will significantly augment the system’s capabilities.
DISCUSSION:
The Police Department intends to have twenty ALPR cameras installed in high traffic areas throughout the City, where they have the potential to capture the highest volume of vehicle license plates. Additionally, the intended positions of the ALPR cameras will also compliment the current locations of Flock ALPR cameras being utilized by neighboring jurisdictions. The qouted cost of the Flock system, including the installation of the ALPR cameras is broken up over two years. The first year is quoted to be $64,500, with year two being $60,000, for a total of $124,500.
Report to Mayor and Councilmembers
Date: October 10, 2023
Page: 3 of 3
CONCLUSION:
Staff recommends that the City Council adopt a resolution awarding the purchase and installation of twenty license plate reader cameras to Flock Safety.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Ray Sweeney
City Manager Chief of Police
Attachments:
Resolution
Draft Agreement
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA TO AWARD THE PURCHASE AND INSTALLATION OF 20 AUTOMATED
LICENSE PLATE READER CAMERAS TO FLOCK GROUP, INC.
________________________________________________________________ WHEREAS, the La Mesa Police Department wishes to expand the technological capabilities to more effectively solve crimes through purchase and implementation of Automated License Plate Reader (ALPR) cameras;
WHEREAS, the City received a quote from Flock Group, Inc. for the purchase and installation of the ALPR camera systems, as well as the storage of data captured, for the amount of $124,500;
WHEREAS, the City’s Purchasing Officer may waive competitive bidding when the City Council by resolution determines that, due to special circumstances, it is in the City's best interest to purchase a commodity without compliance with the bidding procedure, per La Mesa Municipal Code Section 2.40.070(a)(7); and
WHEREAS, by purchasing directly from Flock Group, Inc. instead of using a formal bid process, the City will enhance the effectiveness of the cameras due to the interoperability with neighboring law enforcement partners.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council intends to award the purchase of 20 ALPR cameras to Flock Group, Inc. for $124,500.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 10th day of October 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
Flock Safety + CA - La Mesa PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Antouan Benbalit
[email protected]
2064321524
Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.
Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.
Join thousands of agencies reducing crime with Flock Safety’s public safety operating system 2000+ 120 1B+ <60%*
communities with private- incident alerts / minute 1B+ vehicles detected / <60% local crime reduction public partnerships month in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.
Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.
Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.
The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including onetoone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:
California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.
Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.
Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.
Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.
Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.
Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.
Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.
Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.
License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.* *Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing investigative
needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera that
captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.
√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance
Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.
Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.
User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.
Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.
Note: Ongoing maintenance does not apply to Falcon Flex devices.
Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.
Media Relations
Share crimes solved in the local media with the help of our Public Relations team.
EXHIBIT A
ORDER FORM
Customer: CA - La Mesa PD Initial Term: 24 Months
Legal Entity Name: CA - La Mesa PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 8085 University Ave La Mesa, California 91942 Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Professional Services and One Time Purchases
Professional Services - Standard Implementation Fee $650.00 3 $1,950.00 Professional Services - Existing Infrastructure
Implementation Fee
$150.00 17 $2,550.00
Subtotal Year 1: $64,500.00
Annual Recurring Subtotal: $60,000.00
Estimated Tax: $0.00
Contract Total: $124,500.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $64,500.00
Annual Recurring after Year 1 $60,000.00
Contract Total $124,500.00
*Tax not included
Item Cost Quantity Total
Flock Safety Platform $60,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 20 Included
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.
The Term shall commence upon first installation and validation of Flock Hardware.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.
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FLOCK GROUP, INC. Customer: CA - La Mesa PD
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Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 24 day of August 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).
AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.
1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.
1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.
1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.
1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.
1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded
Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.
1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).
1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.
1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.
1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.
1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.
Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.
1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.
1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.
1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.
1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).
2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.
2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).
2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.
2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.
2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.
2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.
3. CUSTOMER OBLIGATIONS
3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).
3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.
4. DATA USE AND LICENSING
4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.
4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.
5. CONFIDENTIALITY; DISCLOSURES
5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but
in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.
Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.
5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise
transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.
5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.
6. PAYMENT OF FEES
6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.
6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).
6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.
6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority,
for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.
7. TERM AND TERMINATION
7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. 7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and
11.6.
8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.
8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.
FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY APPLIES
TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.
8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.
8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.
9. LIMITATION OF LIABILITY; INDEMNITY
9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)
FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR
REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH
AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID
AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT
GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING
LIMITATIONS OF LIABILITY SHALL NOT APPLY TO ANY LIABILITY ARRISING FROM PERSONAL INJURY OR DEATH.
9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.
9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.
10. INSTALLATION SERVICES AND OBLIGATIONS
10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at
Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.
10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.
10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at
(https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.
10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.
10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.
11. MISCELLANEOUS
11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).
11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.
11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts. 11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with
DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.
11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise. 11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.
11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.
11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:
ADDRESS:
ATTN:
EMAIL:
EXHIBIT B
INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.
Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii)Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv)Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and
(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).