September 16, 2024 City Council Meeting Amended Agenda
AMENDED AGENDA - 09-16-24 (1).PDF
September 16, 2024 City Council Meeting Agenda Packet
AMENDED COUNCIL PACKET - 091624.PDF
1. Documents:
1.I.
Documents:
AMENDED - COUNCIL REGULAR MEETING AGENDA
Tim Hepburn, Mayor
Wendy Lau, Council Member
Steven Frank Johnson, Mayor Pro Tem
Rick Crosby, Council Member
Meshal "Kash" Kashifalghita, Council Member
Monday, September 16, 2024
Study Session at 5:30 PM
Regular Meeting and Closed Session at 6:30 PM
La Verne City Hall - Council Chambers,
3660 D Street, La Verne, CA 91750
In compliance with the American Disabilities Act, any person with a disability who requires a modification or accommodation to participate in a meeting should contact the City Clerk’s Office at (909) 596-8726 at least 48 hours prior to the meeting. Regular Meetings are held on the 1st and 3rd Monday of every month.
Individuals can email their comments to the City Clerk's Office at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the City are public records that will be made available for public viewing.
Individuals who wish to share their comments with Council during the meeting may do so in a variety of ways:
• Attend the City Council Meeting in person and fill out a comment card or raise your hand to request to comment on the current agenda item(s).
• Participate via Zoom, by visiting cityoflaverne.org/zoom where you will be automatically redirected to the meeting or call into the meeting via phone 1-669-900-6833 and enter ID 815-2842-0265 when prompted. Public comments via Zoom may be accepted for the agenda items listed within the Consent Calendar, Public Hearing and Other Matters sections of the agenda. Zoom participants who violate decorum protocols will be called to order by the presiding officer and if a violation continues, will be muted by direction of the presiding officer. • Once items are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3-minutes is set for all public comments.
Council Meeting Decorum: Per the City’s Rules for Decorum, all Speakers and Members of the Audience are to conduct themselves with decorum and not engage in willful conduct which interrupts the meeting or with the orderly conduct of the meeting.
STUDY SESSION AGENDA - 5:30 PM
CALL TO ORDER
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Rick AGENDA City Council 9/16/2024 Page 2
Crosby, Council Member Wendy Lau, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
STUDY SESSION TOPIC - GENERAL PLAN UPDATE
De Novo Planning Group, the City's General Plan consultant, will provide a presentation on the City's General Plan Update. The presentation will include a summary of the public outreach program, an overview of the proposed General Plan Policy Document including key goals, policies, and actions, a summary of the environmental review process, and direction for how the public can provide comments which are due to City Staff in writing by 5:00 pm on Monday, September 23, 2024.
The City Council will recess and reconvene at 6:30 PM for the regularly scheduled City Council meeting.
REGULAR CITY COUNCIL MEETING - 6:30 PM
PLEDGE OF ALLEGIANCE - JOSEPH MAGALLANES, SSG, E-6 ARMY ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Rick Crosby, Council Member Wendy Lau, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
PRESENTATION - SGVCOG UPDATE
The San Gabriel Valley Council of Governments ( SGVCOG) will provide an overview of their latest programs and milestones and provide a sneak peek at what’s on the horizon for the next year. The presentation will be led by Executive Director Marisa Creter.
ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
(Any person who wishes to make a brief announcement of a future community event that is open to the public may do so at this time.)
CONSENT CALENDAR
(All items on the Consent Calendar are routine and will be enacted by one motion unless a member of the Council or member of the audience requests separate discussion.)
3. City Council Minutes of the Closed Session and Regular Meeting of September 3, 2024.
Recommendation: That the City Council approve the minutes of the September 3, 2024 meeting.
4. Register of Audited Demands in the following amounts:
Fiscal Year 2023-2024
$172,375.94 dated 08/28/24
AGENDA City Council 9/16/2024 Page 3
Fiscal Year 2024-2025
$2,537,496.65 dated 08/28/24
$180,308.14 dated 09/04/24
Recommendation: That the City Council approve the Registers of Audited Demands.
5. Professional Services Agreement with LSA Associates, INC. for the Hillcrest Gateway Project CEQA The City proposes to utilize the services of LSA Associates as an independent contractor for CEQA serives related to the Hillcrest Gateway Project.
Recommendation: That the City Council approve the Professional Service Agreement with LSA Associates, Inc. to perform CEQA services related to the Hillcrest Gateway Project.
6. Lease Agreement for Warehouse Pizza Patio Since 1994, Warehouse Pizza, located at 2340 D Street, has leased the area of the restaurant's outdoor patio from the City. The most recent 10- year lease agreement expired on July 1, 2024. As the City is currently reviewing our policy on leasing space in Old Town La Verne, staff has prepared a one-year agreement until further direction from the City Council is provided later this year.
Recommendation: That the City Council approve a one-year lease agreement with Warehouse Pizza for the continued use of the outdoor patio.
7. Appropriation for Evaluation and Action Plan for the Old Town La Verne Business Improvement District The City released a Request For Proposals (RFP) to firms to evaluate the Old Town La Verne Business Improvement District (District) and make recommendations on how to improve and help to grow the District. A joint proposal from Community Strong Strategies and Civitas has been identified as the one with the most experience in this field and was the most cost-effective. The District's Advisory Board has recommended that the City and the District share the cost of the analysis.
Recommendation: That the City Council approve a resolution titled, "RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 ADOPTED BUDGET IN THE AMOUNT OF $30,700 WITHIN THE OLD TOWN LA
VERNE BUSINESS IMPROVEMENT DISTRICT FOR THE EVALUATION AND ACTION PLAN OF THE DISTRICT."
8. Resolution Authorizing Ability to File Grant Applications for Measure A Funding for Projects and Programs This item seeks consideration of a resolution approving the blanket authority for Staff to file applications for grant funds from the Los Angeles County Regional Park and Open Space District for Measure A Funding of Projects and Programs.
Recommendation: That the City Council adopt a Resolution titled, "RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, APPROVING THE BLANKET
AUTHORITY TO FILE APPLICATIONS FOR GRANTS COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR MEASURE A FUNDING FOR PROJECTS AND PROGRAMS."
9. Conflict of Interest Code Resolution Every two years, the City of La Verne is required to review its Conflict of Interest Code to determine if any changes are necessary. Staff consulted with the City Attorney and Department Directors to determine necessary amendments to the list of designated filers and this item makes those changes.
Recommendation: That the City Council adopt a Resolution titled, "A RESOLUTION OF THE CITY AGENDA City Council 9/16/2024 Page 4
COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, ADOPTING A STANDARDIZED CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES OF THE CITY OF LA VERNE."
10. Resetting the Time and Date for Public Hearing Regarding the Request for Time Extension on Vesting Tentative Tract Map No. 82001 (500 Baseline Road) Resetting the TIme and Date for Public Hearing Regarding Consideration of Time Extension to VTTM No. 82001
Recommendation: That the City Council set the public hearing for consideration of the requested extension for Vesting Tentative Tract Map No. 82001 to occur at 6:30 PM on October 7, 2024.
OTHER MATTERS
11. Resolution Approving a Class Specification and Salary for Police Captain With the recent retirement of the City’s Police Captain, a compensation and job analysis has been completed resulting in a recommendation to update both the salary and job classification for the position. Additionally, the Police Captain classification is being moved into the La Verne Police Middle Management Association to be in line with similarly classed employees and area departments.
Recommendation: That the City Council adopt the attached Resolution titled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, APPROVING A CLASS SPECIFICATION AND SALARY FOR POLICE CAPTAIN.”
12. Modification of the City's Purchasing Policy for Federal Procurement Standards and Public Projects The City Council is being asked to consider updates to the purchasing policy to align approval thresholds with federal procurement standards under the Code of Federal Regulation (CFR) 200, affecting all federally funded purchases and to align Public Project approval thresholds with the California Uniform Public Construction Cost Accounting Act. These changes aim to streamline processes while maintaining City Council budget controls.
Recommendation: That the City Council approve the proposed modifications to the City's purchasing policy aligning approval thresholds for federally funded purchases with the Code of Federal Regulations (CFR) 200 and Public Project approval thresholds with the California Uniform Public Construction Cost Accounting Act.
13. Purchase Agreement for Property Located at 1816 First Street and 1822 First Street Utilizing Affordable Housing Funds The City is proposing to purchase two properties with affordable housing funds located at 1816 and 1822 First Street. The property had been the subject of the code enforcement process and receivership. This action will purchase the property for eventual development and improvement to the surrounding neighborhood.
Recommendation: That the City Council approved the purchase agreement for the properties at 1816 and 1822 First Street, authorize the City Manager to execute applicable documents, and approve a Resolution appropriating $440,000 from the Affordable Housing Fund (Fund 226).
14. Resolution Ratifying Proclamation No. 24-XX Declaring the Existence of a Local Emergency On September 11, 2024, the City Manager issued proclamation for a local emergency based on the existence of conditions of disaster or extreme peril caused by the "Bridges" wildfire. Per La Verne Municipal Code Section 2.56.050 A.1., the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have AGENDA City Council 9/16/2024 Page 5
no further force or effect.
Recommendation: That the City Council adopt a Resolution entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, RATIFYING PROCLAMATION NO. 24-01 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY."
PUBLIC COMMENTS
This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion later. Please email your public comment to the City Clerk's Office at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record. There is a 3-minute time limit on public comments.
COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS
Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended per Assembly Bill 1234.
CLOSED SESSION - EXISTING LITIGATION
Conference with Legal Counsel - Existing Litigation pursuant to California Government Code Section 54956.9(d)(1). (3 cases)
• California Rifle & Pistol Association, Incorporated, et al., v. Los Angeles County Sheriff's Department, et al., Case No. 2:23-cv-10169-SPG-ADS,
• SCE v. California State Board of Equalization, et al. Orange County Superior Court Case No. 30-2024-01403215-CU-MC-CXC, and
• SCE v. California State Board of Equalization, et al. Orange County Superior Court Case No. 30-2023-01328239-CU-MC-CXC.
• City of Whittier, et al. vs. Los Angeles Superior Court, et al., Los Angeles County Superior Court Case No. 23STCP03579.
ADJOURNMENT
THE NEXT REGULAR MEETING OF THE LA VERNE CITY COUNCIL IS SCHEDULED FOR MONDAY, OCTOBER 7, 2024, at 5:30 P.M.
AGENDA City Council 9/16/2024 Page 6
RESIDENT INFORMATION
UPCOMING EVENTS AND MEETINGS
Wednesday, September 18 - Senior Advisory Committee meeting, La Verne Community Center, 10:00 am
Tuesday, September 24 - Health & Resource Fair and Flu Shot Clinic, Community Center, 9:00 am - 11:30 am
Tuesday, September 24 - Youth & Family Committee meeting, City Hall, 5:00 pm
Tuesday, October 1 - Development Review Committee meeting, City Hall, 9 :00 am - 10:00 am
Monday, October 7 - City Council meeting, City Hall, 5:30 pm
Tuesday, October 8 - Active Transportation Committee meeting, City Hall, 5:00 pm
Wednesday, October 9 - Planning Commission meeting, City Hall, 6:30 pm
Saturday, October 12 - Trunk-or-Treat, City Hall Parking Lot, 5:00 pm - 8:00 pm
Wednesday, October 16 - Senior Advisory Committee meeting, Community Center, 10:00 am
Posting Statement: A true and amended copy of this Agenda was posted on September 11, 2024, on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.cityoflaverne.org.
Table of Contents
City Council Agenda Packet, Tuesday, September 16, 2024 Agenda 1
Agenda Items
Presentation - SGVCOG
3. Council Minutes of the September 3, 2024, Closed Session & Regular meeting 7
4. Registers of Audited Demands 14
5. LSA Associates PSA Agreement - Hillcrest Gateway Project CEQA 23
6. Warehouse Pizza Patio - Lease Agreement 72
7. Reso - Old Town La Verne Business Improvement District - Action Plan and Evaluation 79
8. Reso - Grant applications for Measure A Funding for Projects and Programs 102
9. Reso - Conflict of Interest Code 123
10. Resetting the Time and Date for Public Hearing - Tentative Tract Map No. 82001, Extension 131
11. Reso - Approving a Class Specification and Salary for Police Captain 133
12. Modification of the City's Purchasing Policy for Federal Procurement Standards & Projects 138
13. Purchase Agreement for Property located at 1816 & 1822 First Street 187 14 Reso - Ratifying a Proclamation Declaring the Existence of a Local Emergency 204
AMENDED - COUNCIL REGULAR MEETING AGENDA
Tim Hepburn, Mayor
Wendy Lau, Council Member
Steven Frank Johnson, Mayor Pro Tem
Rick Crosby, Council Member
Meshal "Kash" Kashifalghita, Council Member
Monday, September 16, 2024
Study Session at 5:30 PM
Regular Meeting and Closed Session at 6:30 PM
La Verne City Hall - Council Chambers,
3660 D Street, La Verne, CA 91750
In compliance with the American Disabilities Act, any person with a disability who requires a modification or accommodation to participate in a meeting should contact the City Clerk’s Office at (909) 596-8726 at least 48 hours prior to the meeting. Regular Meetings are held on the 1st and 3rd Monday of every month.
Individuals can email their comments to the City Clerk's Office at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the City are public records that will be made available for public viewing.
Individuals who wish to share their comments with Council during the meeting may do so in a variety of ways:
• Attend the City Council Meeting in person and fill out a comment card or raise your hand to request to comment on the current agenda item(s).
• Participate via Zoom, by visiting cityoflaverne.org/zoom where you will be automatically redirected to the meeting or call into the meeting via phone 1-669-900-6833 and enter ID 815-2842-0265 when prompted. Public comments via Zoom may be accepted for the agenda items listed within the Consent Calendar, Public Hearing and Other Matters sections of the agenda. Zoom participants who violate decorum protocols will be called to order by the presiding officer and if a violation continues, will be muted by direction of the presiding officer. • Once items are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3-minutes is set for all public comments.
Council Meeting Decorum: Per the City’s Rules for Decorum, all Speakers and Members of the Audience are to conduct themselves with decorum and not engage in willful conduct which interrupts the meeting or with the orderly conduct of the meeting.
STUDY SESSION AGENDA - 5:30 PM
CALL TO ORDER
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Rick
AGENDA City Council 9/16/2024 Page 2
Crosby, Council Member Wendy Lau, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
STUDY SESSION TOPIC - GENERAL PLAN UPDATE
De Novo Planning Group, the City's General Plan consultant, will provide a presentation on the City's General Plan Update. The presentation will include a summary of the public outreach program, an overview of the proposed General Plan Policy Document including key goals, policies, and actions, a summary of the environmental review process, and direction for how the public can provide comments which are due to City Staff in writing by 5:00 pm on Monday, September 23, 2024.
The City Council will recess and reconvene at 6:30 PM for the regularly scheduled City Council meeting.
REGULAR CITY COUNCIL MEETING - 6:30 PM
PLEDGE OF ALLEGIANCE - JOSEPH MAGALLANES, SSG, E-6 ARMY ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Rick Crosby, Council Member Wendy Lau, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
PRESENTATION - SGVCOG UPDATE
The San Gabriel Valley Council of Governments ( SGVCOG) will provide an overview of their latest programs and milestones and provide a sneak peek at what’s on the horizon for the next year. The presentation will be led by Executive Director Marisa Creter.
ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
(Any person who wishes to make a brief announcement of a future community event that is open to the public may do so at this time.)
CONSENT CALENDAR
(All items on the Consent Calendar are routine and will be enacted by one motion unless a member of the Council or member of the audience requests separate discussion.)
3. City Council Minutes of the Closed Session and Regular Meeting of September 3, 2024.
Recommendation: That the City Council approve the minutes of the September 3, 2024 meeting.
4. Register of Audited Demands in the following amounts:
Fiscal Year 2023-2024
$172,375.94 dated 08/28/24
AGENDA City Council 9/16/2024 Page 3
Fiscal Year 2024-2025
$2,537,496.65 dated 08/28/24
$180,308.14 dated 09/04/24
Recommendation: That the City Council approve the Registers of Audited Demands.
5. Professional Services Agreement with LSA Associates, INC. for the Hillcrest Gateway Project CEQA The City proposes to utilize the services of LSA Associates as an independent contractor for CEQA serives related to the Hillcrest Gateway Project.
Recommendation: That the City Council approve the Professional Service Agreement with LSA Associates, Inc. to perform CEQA services related to the Hillcrest Gateway Project.
6. Lease Agreement for Warehouse Pizza Patio Since 1994, Warehouse Pizza, located at 2340 D Street, has leased the area of the restaurant's outdoor patio from the City. The most recent 10- year lease agreement expired on July 1, 2024. As the City is currently reviewing our policy on leasing space in Old Town La Verne, staff has prepared a one-year agreement until further direction from the City Council is provided later this year.
Recommendation: That the City Council approve a one-year lease agreement with Warehouse Pizza for the continued use of the outdoor patio.
7. Appropriation for Evaluation and Action Plan for the Old Town La Verne Business Improvement District The City released a Request For Proposals (RFP) to firms to evaluate the Old Town La Verne Business Improvement District (District) and make recommendations on how to improve and help to grow the District. A joint proposal from Community Strong Strategies and Civitas has been identified as the one with the most experience in this field and was the most cost-effective. The District's Advisory Board has recommended that the City and the District share the cost of the analysis.
Recommendation: That the City Council approve a resolution titled, "RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 ADOPTED BUDGET IN THE AMOUNT OF $30,700 WITHIN THE OLD TOWN LA
VERNE BUSINESS IMPROVEMENT DISTRICT FOR THE EVALUATION AND ACTION PLAN OF THE DISTRICT."
8. Resolution Authorizing Ability to File Grant Applications for Measure A Funding for Projects and Programs This item seeks consideration of a resolution approving the blanket authority for Staff to file applications for grant funds from the Los Angeles County Regional Park and Open Space District for Measure A Funding of Projects and Programs.
Recommendation: That the City Council adopt a Resolution titled, "RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, APPROVING THE BLANKET
AUTHORITY TO FILE APPLICATIONS FOR GRANTS COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR MEASURE A FUNDING FOR PROJECTS AND PROGRAMS."
9. Conflict of Interest Code Resolution Every two years, the City of La Verne is required to review its Conflict of Interest Code to determine if any changes are necessary. Staff consulted with the City Attorney and Department Directors to determine necessary amendments to the list of designated filers and this item makes those changes.
Recommendation: That the City Council adopt a Resolution titled, "A RESOLUTION OF THE CITY
AGENDA City Council 9/16/2024 Page 4
COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, ADOPTING A STANDARDIZED CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES OF THE CITY OF LA VERNE."
10. Resetting the Time and Date for Public Hearing Regarding the Request for Time Extension on Vesting Tentative Tract Map No. 82001 (500 Baseline Road) Resetting the TIme and Date for Public Hearing Regarding Consideration of Time Extension to VTTM No. 82001
Recommendation: That the City Council set the public hearing for consideration of the requested extension for Vesting Tentative Tract Map No. 82001 to occur at 6:30 PM on October 7, 2024.
OTHER MATTERS
11. Resolution Approving a Class Specification and Salary for Police Captain With the recent retirement of the City’s Police Captain, a compensation and job analysis has been completed resulting in a recommendation to update both the salary and job classification for the position. Additionally, the Police Captain classification is being moved into the La Verne Police Middle Management Association to be in line with similarly classed employees and area departments.
Recommendation: That the City Council adopt the attached Resolution titled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, APPROVING A CLASS SPECIFICATION AND SALARY FOR POLICE CAPTAIN.”
12. Modification of the City's Purchasing Policy for Federal Procurement Standards and Public Projects The City Council is being asked to consider updates to the purchasing policy to align approval thresholds with federal procurement standards under the Code of Federal Regulation (CFR) 200, affecting all federally funded purchases and to align Public Project approval thresholds with the California Uniform Public Construction Cost Accounting Act. These changes aim to streamline processes while maintaining City Council budget controls.
Recommendation: That the City Council approve the proposed modifications to the City's purchasing policy aligning approval thresholds for federally funded purchases with the Code of Federal Regulations (CFR) 200 and Public Project approval thresholds with the California Uniform Public Construction Cost Accounting Act.
13. Purchase Agreement for Property Located at 1816 First Street and 1822 First Street Utilizing Affordable Housing Funds The City is proposing to purchase two properties with affordable housing funds located at 1816 and 1822 First Street. The property had been the subject of the code enforcement process and receivership. This action will purchase the property for eventual development and improvement to the surrounding neighborhood.
Recommendation: That the City Council approved the purchase agreement for the properties at 1816 and 1822 First Street, authorize the City Manager to execute applicable documents, and approve a Resolution appropriating $440,000 from the Affordable Housing Fund (Fund 226).
14. Resolution Ratifying Proclamation No. 24-XX Declaring the Existence of a Local Emergency On September 11, 2024, the City Manager issued proclamation for a local emergency based on the existence of conditions of disaster or extreme peril caused by the "Bridges" wildfire. Per La Verne Municipal Code Section 2.56.050 A.1., the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have
AGENDA City Council 9/16/2024 Page 5
no further force or effect.
Recommendation: That the City Council adopt a Resolution entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, RATIFYING PROCLAMATION NO. 24-01 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY."
PUBLIC COMMENTS
This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion later. Please email your public comment to the City Clerk's Office at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record. There is a 3-minute time limit on public comments.
COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS
Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended per Assembly Bill 1234.
CLOSED SESSION - EXISTING LITIGATION
Conference with Legal Counsel - Existing Litigation pursuant to California Government Code Section 54956.9(d)(1). (3 cases)
• California Rifle & Pistol Association, Incorporated, et al., v. Los Angeles County Sheriff's Department, et al., Case No. 2:23-cv-10169-SPG-ADS,
• SCE v. California State Board of Equalization, et al. Orange County Superior Court Case No. 30-2024-01403215-CU-MC-CXC, and
• SCE v. California State Board of Equalization, et al. Orange County Superior Court Case No. 30-2023-01328239-CU-MC-CXC.
• City of Whittier, et al. vs. Los Angeles Superior Court, et al., Los Angeles County Superior Court Case No. 23STCP03579.
ADJOURNMENT
THE NEXT REGULAR MEETING OF THE LA VERNE CITY COUNCIL IS SCHEDULED FOR MONDAY, OCTOBER 7, 2024, at 5:30 P.M.
AGENDA City Council 9/16/2024 Page 6
RESIDENT INFORMATION
UPCOMING EVENTS AND MEETINGS
Wednesday, September 18 - Senior Advisory Committee meeting, La Verne Community Center, 10:00 am
Tuesday, September 24 - Health & Resource Fair and Flu Shot Clinic, Community Center, 9:00 am - 11:30 am
Tuesday, September 24 - Youth & Family Committee meeting, City Hall, 5:00 pm
Tuesday, October 1 - Development Review Committee meeting, City Hall, 9 :00 am - 10:00 am
Monday, October 7 - City Council meeting, City Hall, 5:30 pm
Tuesday, October 8 - Active Transportation Committee meeting, City Hall, 5:00 pm
Wednesday, October 9 - Planning Commission meeting, City Hall, 6:30 pm
Saturday, October 12 - Trunk-or-Treat, City Hall Parking Lot, 5:00 pm - 8:00 pm
Wednesday, October 16 - Senior Advisory Committee meeting, Community Center, 10:00 am
Posting Statement: A true and amended copy of this Agenda was posted on September 11, 2024, on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.cityoflaverne.org.
MINUTES OF A CLOSED SESSION AND REGULAR MEETING
OF THE LA VERNE CITY COUNCIL
TUESDAY, SEPTEMBER 3, 2024
ACTION MINUTES
“see items in italics”
CLOSED SESSION AGENDA - 5:30 PM
CALL TO ORDER
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Wendy Lau, Council Member Rick Crosby, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
Council Members present: Crosby, Kashifalghita, Lau, Johnson, and Hepburn.
Absent: None
Advisory Staff Present: City Manager Ken Domer, Deputy City Attorney Rosemary Koo, and Assistant City Manager JR Ranells.
CLOSED SESSION
Conference with Labor Negotiators, pursuant to Government Code Section 54957.6: Negotiators:
City Manager, Assistant City Manager, and Deputy City Attorney. Employee Organization(s): La Verne City Employees Association, La Verne Firefighters Association, La Verne Police Middle Management Association, La Verne Police Officers’ Association; and all Unrepresented Employees.
Conference with Legal Counsel, Existing Litigation pursuant to California Government Code section Cal. Gov’t Code section 54956.9(d)(1) – Six (6) cases:
Asemota v. City of La Verne, et al., Los Angeles Superior Court Case No. 24STCV08598, and Ramirez v. City of La Verne, et al., Los Angeles Superior Court Case No. 24PSCV00767, and Ruiz v. City of La Verne, et al., Los Angeles Superior Court Case No. 23PSCV02495, and Smith v. City of La Verne, et al., Los Angeles Superior Court Case No. 2:23-cv-00644-JAK-2, and Guerrero v. City of La Verne, et al., Los Angeles Superior Court Case No. 2:23-cv-00644-JAK-E, and Hunt v. City of La Verne, et al., Los Angeles Superior Court Case No. 21STCV43996.
Conference with Legal Counsel - Existing Litigation pursuant to California Government Code section 54956.9(d)(1). Name of Case: City of Whittier, et al. v. Los Angeles County Superior Court, et al., Los Angeles County Superior Court, Case No. 23STCP03579.
The City Council will recess and reconvene at 6:30 PM for the regularly scheduled City Council meeting. Mayor Hepburn recessed the meeting to closed session.
REGULAR CITY COUNCIL MEETING - RECONVENED AT 6:33 PM
PLEDGE OF ALLEGIANCE - DAVID ALVARADO, ARMY E-4
MINUTES City Council 9/3/2024 Page 2
Council presented Mr. Alvarado with a Pride of La Verne certificate and thanked him for his service.
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Wendy Lau, Council Member Rick Crosby, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
Council Members present: Crosby, Kashifalghita, Lau, Johnson, and Hepburn.
Absent: None
Advisory Staff Present: City Manager Ken Domer, Deputy City Attorney Rosemary Koo, and Assistant City Manager JR Ranells.
PRESENTATIONS
2. Emergency Preparedness Month. Each September, National Preparedness Month is recognized to promote disaster and emergency planning, emphasizing the need to strengthen community resilience. This observance serves as a crucial reminder for residents to stay informed and be better equipped to handle emergencies.
Fire Department Community Risk Reduction Specialist Lonnie Shipman received the Emergency Preparedness Month Proclamation.
3. RSVP Recognition. Three of La Verne's Retired Senior Volunteer Patrol (RSVP) members will be honored for their years of service. Marlou Faustini, Norm Faustini and Marv Weston.
Council presented each RSVP member with a Pride of La Verne certificate commemorating their many years of dedicated service.
4. Suzanne Swank has volunteered her time for over 28 years, serving as a founding member of the La Verne Emergency Communications Team (LECT) and as an RSVP for the La Verne Police Department.
Council presented Ms. Swank with a Pride of La Verne certificate commemorating her many years of dedicated service to both LECT and as an RSVP member.
5. Police Department Retirees. Two recent retirees will be honored, Sergeant Martin Weinreb retired on May 2, 2024, after over 29 years of dedicated service to the City of La Verne, and Management Analyst Dawn Finn retired from the La Verne Police Department on June 29, 2024, after a distinguished career spanning over 35 years.
Council presented both retirees with Pride of La Verne certificates honoring their years of dedicated service to the City.
Police Chief Gonzalez presented both with retirement gifts.
The City Council took at brief recess at 7:21 pm and reconvened at 7:34 pm.
ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
(Any person who wishes to make a brief announcement of a future community event that is open to the public may do so at this time.)
MINUTES City Council 9/3/2024 Page 3
Announcements were received from: Sherry Best, La Verne Historical Society President, Yvonne Gallegos, and Adrian Romero, La Verne Library Director.
CONSENT CALENDAR
(All items on the Consent Calendar are routine and will be enacted by one motion unless a member of the Council or member of the audience requests separate discussion.) It was moved by Johnson and seconded by Lau and approved by a 5-0 vote.
6. City Council Minutes of the Closed Session and Regular Meeting of August 5, 2024.
Recommendation: That the City Council approve the minutes of the August 5, 2024 meeting.
7. Register of Audited Demands in the following amounts:
Fiscal Year 2023-24
$1,351,576.74 dated 07/31/24
$294,813.91 dated 08/07/24
$83,705.48 dated 08/14/24
$38,128.53 dated 08/21/24
Fiscal Year 2024-25
$3,069,271.91 dated 07/24/24
$515,113.78 dated 07/31/24
$2,334,193.35 dated 08/07/24
$1,987,541.49 dated 08/14/24
$471,376.63 dated 08/21/24
Recommendation: That the City Council approve the Registers of Audited Demands Approved.
8. Fiscal Year-End Budget Adjustment. This report seeks City Council approval of year-end budget adjustments for Fiscal Year 2023-24, including a $473,680 increase in expenditures across various funds (excluding the General Fund) and a $1,304,550 increase in interfund transfers. These adjustments align the budget with concurrent financial activities.
Recommendation: That the City Council approve a resolution titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-24 ADOPTED BUDGET TO ADJUST FOR THE YEAR-END BUDGET CHANGES." Approved
9. Purchase of Electronic Surveillance Collection System and Maintenance Agreement for LA Clear. This item seeks approval for the sole source procurement of a lawful intercept collection system from Gladiator Forensics LLC. The total estimated cost of the new system for year one is $396,250, and year two $70,650 for a total two-year cost of $466,900. The City of La Verne will act as the fiduciary for this procurement and there is no utilization of City General Funds.
Recommendation: That the City Council, acting as the fiduciary to LA CLEAR, authorize the City Manager to approve the sole source procurement and purchase of a new lawful, intercept collection system from Gladiator Forensics LLC for an estimated cost of $466,900. Approved
10. Return as Late Claim(s) - Noble - Related to Property Conditions at 2118 and 2120 5th Street. City Council is requested to return as late six (6) claims related to a tenant dispute in which the tenants allege that the City, and any and all employees, acted with malice, oppression, and fraud over the course of time in which the tenants, parties to a civil action to
MINUTES City Council 9/3/2024 Page 4
vacate the residence, eventually agreed through the private court action to vacate the residence in question.
Recommendation: That the City Council return as late all six (6) claims for damages from Noble, Benjamin; Noble, Cindy; Noble, Oliver; Noble, Thomas; Noble, Wayne; and Orroyo (Noble), Natalie, received by the City on August 12, 2024. Approved
11. Setting Time and Date for Public Hearing Regarding the Request for Time Extension on Vesting Tentative Tract Map No 82001 (500 Baseline Road). On September 20, 2021, the City Council approved Vesting Tentative Tract Map (VTTM) No. 82001, a subdivision of 19.44 acres located at 500 Baseline Road situated north-east of the intersection of Baseline Road and Rodeo Lane into nine lots. The applicant has requested a second one-year extension of the VTTM as allowed in Section 66452.6 of the Subdivision Map Act. Pursuant to City Code Section
16.16.210, the City Council may consider granting the requested extension during a noticed public hearing.
Recommendation: That the City Council adopt a Resolution and set a public hearing for consideration of the requested extension to occur at 6:30 PM on September 16, 2024.
Approved
12. Award of Contract for the Public Safety Building Site Improvement Project. This action will award a construction contract to Oppenheimer National in the amount of $178,813.20 for the Public Safety Building Site Improvement Project, for a total cost of $196,694.52. The project is budgeted in Fiscal Year (FY) 24-25 for the modification of the existing secured parking area wall, related site improvements, and gate enhancements.
Recommendation: That the City Council award a public works construction contract to Oppenheimer National, the lowest, most responsible bidder, in the amount of $178,813.20 for the Public Safety Building Site Improvement Project and authorize the Public Works Director or designee to issue change orders not exceeding 10% of the construction budget for a total possible construction contract cost of $196,694.52. Approved
OTHER MATTERS
13. Ad Hoc Water and Sewer Rate Study Committee Member Selection. Following the approval of the Ad Hoc Water and Sewer Rate Study Committee at the July 1 City Council Meeting, applications were open for residents to apply through Thursday, August 15. At the close of the application period, eight (8) applications were received. Each City Council member will directly appoint an individual, for a total of five (5), to the committee.
Recommendation: That the City Council appoint (5) individuals, via direct appointment by each Council member, to the Ad Hoc Water and Sewer Rate Study Committee.
City Manager Domer explained the process for the appointments.
Mayor Hepburn called for Public comment: Comments were received from Cynthia Gabaldon.
Mayor Hepburn selected first: Richard Bowen
Mayor Pro Tem Johnson selected second: Daniel Smith
Council Member Kash selected third: Raymond Swank
Council Member Lau selected fourth: Jaime Riley
Council Member Crosby selected fifth: Danita Beauchamp
MINUTES City Council 9/3/2024 Page 5
The appointments of the five Ad Hoc members was moved by Johnson, seconded by Kashifalghita and approved by a vote of 5-0.
14. Homelessness, Drug Addiction, and Theft Reduction Act (Proposition 36) City Position.
The Homelessness, Drug Addiction & Theft Reduction Act (Proposition 36), a state measure seeking to reform Proposition 47 by implementing various changes to existing laws including increased sentences for specific drug and theft-related offenses, was first introduced for discussion at the City Council meeting on August 5th and continued to allow for more resident input.
Recommendation: That the City Council approve a resolution entitled "A RESOLUTION OF
THE CITY COUNCIL, CITY OF LA VERNE, CALIFORNIA, SUPPORTING THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT." City Manager Domer reported on this item.
Mayor Hepburn called for Public comment: Comments were received from Danita Beauchamp.
Council Comments: Council Member Crosby approves of this proposition.
Council Member Lau agrees, and thanked staff for providing the full report, and also thanked the Chief for taking the time to speak one on one regarding this item, for a better understand of the impacts and the potential consequences.
Council Member Kashifalghita gave a special shout out to all law enforcement agencies who work tirelessly to keep us safe and supports doing whatever we can to keep our City safe.
Mayor Pro Tem Johnson supports this item.
Mayor Hepburn appreciated the outreach and the community involvement, and stated having a law in place that has consequences and can give the courts and our police officers the power to do their jobs, is the right thing to do, so our community, residents and businesses will feel safe, and our children.
It was moved by Crosby and seconded by Kashifalghita and approved with a vote of 5-0.
15. Incentive Program for Lateral Entry Police Officers. The Incentive Program for Lateral Entry Police Officers is designed to aid in the recruitment of qualified lateral police officers in the form of monetary and non-monetary forms of incentives.
Recommendation: That the City Council approve and authorize the City Manager and Police Chief to update the incentive program to increase the amount of employee referral and lateral officer incentives.
Police Chief Gonzalez reported on this item.
Mayor Hepburn called for Public comment: Comments were received from Danita Beauchamp, Joe Gabaldon, and Harry Prentice, and Rick Bowen.
MINUTES City Council 9/3/2024 Page 6
After Council discussion, direction was given that will offer City employees a referral bonus up to $10,000 for referring a successful lateral police officer and up to $20,000 for a lateral officer incentive, based on program requirements.
It was move by Crosby, and seconded by Lau, and approved by a vote of 5-0.
16. Resolution Amending the Salary Schedule for Full-Time Employees. After discussion with representatives from the California Public Employees Retirement System, the City was advised to amend the salary schedule for full-time employees to eliminate confusion with the listing of both Police Lieutenant and Police Lieutenant with Compaction.
Recommendation: That the City Council adopt the attached Resolution titled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, AMENDING THE SALARY SCHEDULE FOR FULL-TIME EMPLOYEES.”
Assistant City Manager Ranells reported on this item.
Mayor Hepburn called for Public comment: There was none.
After Council discussion, this item was approved to amend a full-time salary resolution correcting an item as request by CalPERS from a recent audit review. Meetings with the affected employee associations have been conducted on the CalPERS audit.
It was move by Lau, and seconded by Johnson, and approved by a vote of 5-0.
PUBLIC COMMENTS
This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion later. Please email your public comment to the City Clerk's Office at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record. There is a 3-minute time limit on public comments.
Public comments were received from: William Perry, Dave Bernard, Joe Gabaldon and Danita Beauchamp.
COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS
Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended per Assembly Bill 1234.
Council comments were received from: Council Member Lau thanked all City staff and departments for the recent City events that, all went well. Congratulations to Captain Prows on his recent retirement. Tri-City Mental Health has a vacancy due to the recent move of Rimmi Hundal to LA County, so if you know of anyone who would fit this role, let them know.
Council Member Crosby appreciates the efforts to get the crosswalks near our school painted before the school year started. On October 6th, the new La Verne League for Autism Special Athletics is having their opening day at 2:00 PM.
MINUTES City Council 9/3/2024 Page 7
Council Member Kashifalghita, shout out to all the families who have students going away to school, congratulations to them and their families. The Concert in the Park, The Answer was a huge success, it was really cool to see. Be careful with school back in session, lots of new drivers.
Mayor Pro Tem Johnson, shout out to La Verne Church of the Brethren, and Hillcrest Homes.
Camp La Verne is a Brethren Youth Camp it’s 100 years old, there was a celebration this weekend with a dinner up at the camp. Glad to hear White Avenue is being addressed.
Mayor Hepburn asked residents to please drive carefully as school is open. Thank you to the Public Works staff for taking care of the maintenance issues as some of our parks, including the weeds issue on Golden Hills. Insurance coverage continues to be an issue for our residents, would like the Insurance Commissioner and his staff to come back out to explain what they’re doing to remedy this. Cooling Centers will be activated with the extreme heat, the hours are 8:00 AM till 6:00 PM Monday – Thursday and 8:00 AM till 4:00 PM on Fridays. Slow down, hydrate, take care of yourself and your neighbors, especially the elderly, and watch out for those kids and be safe out there in the heat.
ADJOURNMENT - IN MEMORY OF ERNIE SILVA
Ernie, who was one of La Verne CERT’s long-term members, recently passed away. Ernie was a very warm, caring, passionate and dedicated team member who was always willing to assist in outreach, events, and trainings. Ernie moved to La Verne in 1999 where he had been heavily involved in his local community. Being an Eagle Scout himself, he enjoyed participating in Eagle Scout Boards of Review. He served on the Damien High School Consultative Board and was a member and leader of the Shield Men’s Ministry for Holy Name of Mary Parish. Ernie was a hospitality minister, Eucharistic minister, and lector. He also was a member of the Knights of Columbus and served as a Council and Assembly officer. Ernie graduated LV CERT basic training in 2017 and was a member since that time. Ernie spent his entire career in the aerospace and special mission aircraft industry, leaving an impressive legacy complete with highly decorated accolades.
Ernie is survived by his wife Elenor, his son Robert, and his lemon beagle, Argos. His presence will be greatly missed.
The meeting was adjourned at 9:16 PM
Respectfully submitted,
Debra Fritz
Deputy City Clerk
CITY OF LA VERNE
REGISTER OF AUDTTED DEMANDS
8128t2024
Fv 23-24
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASTNG/FUNDING POLICY AND HAVE BEEN REVIEWED BY THE FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS,
AMOUNT ISSUEDTO DESCRIPTION
l.
a
3. 4.
5. 6,
7. 8.
9. 10.
RKA CONSULTING GROUP
FOSTER & FOSTER, INC.
U.S. BANK CORPORATE PAYMENT SYSTEMS
CIVILTEC ENGINEERINC, INC.
CPS HR CONSULTING
EMF FIRE SOLUTIONS
CHARTER OAK CYMNASTICS INC
BONITA UNIFIED SCHOOL DISTRICT
WEBBY DANCE COMPANY
COMMERCIAL DOOR GROUP
OTHER DEMANDS
s t72,37s.94
DEMANDS OF SO,OO WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.
CHRISTY
FINANCE DIRECTOR
I 07,602.98
16,000.00
t4,967.77
I 1,588.75
5.060.00
4,940.00
4,006.80
3,400.00
2,881.20
698. l2
I,230.32
JANUARY TO JUNE 2024 BILLING FOR VARIOUS PROJECTS
COMPLETION OF JUNE 30,2023 OPEB ACTUARIAL VALUATION
CITY CREDIT CARD TRANSACNONS 6/25.3 t/2024
MAY AND JUNE 2024 VARIOUS PROJECTS
H.R, CONSULTING SERVICES
ANNUAL TESTING FIRE ALARM SYSTEMS
GYMNASTICS CLASSES 6/ 12.7 124/24
ANNUAL SHARE OF RAMONA,/BONITA SCHOOL EXPENSES
BALLET CLASSES 61 12.'I 24/2024
SERVTCES AR FIRE STATION #2
Page I of2
CITY OF LA VERNE FY 23-24
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO, AMOUNT ISSUED TO
812812024
170436
170437
I 70438
170439
t70441
170443
170446
t70447
170448
170449
I 70450
170513
EFT
EFT
EFT
EFT
}ANKDRAWN
4,006,80
239.40
r 1,588.75
s,060.00
4,940.00
16,000.00
155.00
100.00
50.00 t0.92
2,881.20
3,400.00
402.00
698.t2
107,602.98
273.00
14,96't.77
CHARTER OAK GYN,TNASTICS INC
CID CLYDE T. BERMEO
CIVILTEC ENGINEERING, INC.
CPS HR CONSULTING
EMF FIRE SOLUTIONS
FOSTER & FOSTER, INC.
LOS ANGELES COUNTY DHS
LOU, ELIZABETH
SEQUOIA FINANCIAL SERVICES
TURF STAR,INC.
WEBBY DANCE COMPANY
BONITA UNIFIED SCHOOL DISTRICT
AGI ACADEMY
COMMERCIAL DOOR GROUP
RKA CONSULTING GROUP
RKA CONSULTING GROUP
U.S. BANK CORPORATE PAYI\4ENT SYSTEMS
t72,375.94
Total LAIMPACT Demands
Total Demand $ 172,375.94
LAIMPACT Law Enforcement Task Force Demands
MULTIPLE
Total
LAI ENFORCEMENT OPERATIONS
$
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities, These funds are not City funds and are not available for City use outside of LAIMPACT activities.
Page2of 2
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
8/2812024
FY 2024-2025
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FLNDING POLICY AND HAVE BEEN REVIEWED BY THE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.
SLn4MARY OF DEMANDS
LARGEST IO CITY DEMAND PAYI\4ENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
AMOUNT ISSLIED TO DESCRIPTION
l.
2. 3.
4. 5.
6. 7.
8. 9.
t0.
658,847.89
ts3,734.87
85,993 00
41,660.80
25, I I 3.30
I 6,852.33
14,326.97
I 3,907.08
I I,000.00
I 0, I 66.67
122,338.02
THREE VALLEYS MUNICIPAL WATER DIST
STRATEGIC CONTRATING SERVICES
MARIPOSA LANDSCAPES, INC.
GREENSCAPE MAINTENANCE SERVICES INC
WEST COAST ARBORISTS, INC.
ROGER BASS
OWSLEY ENTERPRISES LLC
LIBERTY COASTAL LLC
MICHAEL W. TYNES
CORDRAY ENTERPRISES LLC
OTTIER DEMANDS
JIjIY 20324 WATER USE
pAyRoLL PERTOD 08t04t24 - 08^7i2024 CONTRACT /SUPPORT STAFF (L.A. CLEAR) BRUSH CLEARENCE AND WEEB ABATEMENT. VARIOUS LOCATIONS
AUGUST 2024 MAINTENANCE SERYICE. VARIOUS LOCATIONS
TREE MAINTENANCE 7/I6.3 I/24
AUGUST 2024 CONTRACT SERVICE (1.A. CLEAR)
AUGUST 2024 CONTRACT SERVICE (1.A. CLEAR)
AUGUST 2024 CONTRACT SERVICE (1.A. CLEAR)
AUGUST 2024 CONTRACT SERVICE (L.A. CLEAR)
AUGUST 2024 CONTRACT SERVICE (L.A. CLEAR)
$ r.153,940.93
DEMANDS OF $I I,096,25 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENTORCEMENT TASK FORCE OPERATIONS.
DEMANDS OF $1,372.459.47 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS.
IN ACCORDANCE WITH COVERNMENT CODE SECTION 37202, I HEREBY CERTIFY T}IAT THIS IS A TRUE AND ACCURATE REGISTER OF AT'DITED DEMANDS.
CHRISTY
FINANCE DIRECTOR
Page I of4
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUNT
FY 2024-2025
8t28t2024
ISSUED TO
I 7045 I
170452
1 70453
170454
t70455
170456
170457
I 70458
170459
170460
170461
170462
t70463
170464
170465
170466
170467
170468
170469
170470
170471
170472
170473
170474
170475
170476
170477
170478
t70479
I 70480
1 7048 I
170482
I 70483
170484
1 70485
170486
170487
I 70488
170489
t'70490
170491
170492
170493
170494
170495
170496
170497
l 70498
170499
1 70500
l 7050 I
r 70502
I 70503
I 70s04
I 70505
EFT
EFT
EFT
$ 5.00
1,894.42
753.20
31.07 285.00
1 ,1 70.00
I,750.00
s,30s.00
239.40
7 ,771.25
14.90 238.14
2,090.00
5,518.26
3,209.36
r 55.00
l,033.33
677.30
I ,501 .50
l,500.00
808.1 3
670.00
150.00
4,745.55
99.34 610.94
334.33
164.85
t,522.00
85,993.00
240.89
4,890.94
2,318.56
94.30 l,I 52.89
1,841 .78
425.00
31.07 4,249.00
220,39
7,349.13
l,000.00
427.56
147.13
10,t63.67
170,00
71.84 272.37
44.35 170.46
655.00
167.45
7,738.00
1,144.16
2,533.40
301 .s0
661 .50
2,658.76
ANDRES MOREIRON
BAB STEERING HYDRAULICS, INC.
BREAK TIME YOGA, LLC
C&ELUMBERCOMPANY
CALIFORNIA PEST MANAGEMENT,INC,
STATE OF CALIFORNIA
CALPERS
CHASE ELECTRIC COMPANY
CID CLYDE T. BERMEO
CIVILTEC ENGINEERING, INC.
CLEANTECH ENVIRONMENTAL INC
COLLEY FORD
COMSEC ASSOCIATES, INC.
CPS HR CONSULTING
DANIELS TIRE SERVICE
EMERALD REED
EWING IRRIGATION PRODUCTS
FACTORY MOTOR PARTS
BzuCKS 4KIDZ
FIDLER, ZACHARY
FIRE APPARATUS SOLUTIONS
FRESHMOBILECA LLC
GOVERNMENT FINANCE OFFICERS ASSN.
HI STANDARD AUTOMOTIVE, LLC
HIRSCH PIPE AND SUPPLY
HOLLIDAY ROCK CO,
IMS REFRIGERATION, INC.
LA VERNE CAR WASH
LACMTA
MARIPOSA LANDSCAPES, INC.
MILLIKEN, TYKE
OMEGA INDUSTRIAL SUPPLY, INC.
PACIFIC PRODUCTS AND SERVICES,LLC
POMONA.WALNUT-ROWLAND JWLC
CITY OF POMONA
RAFTELIS
RIO HONDO COLLEGE
INTERSTATE BILLING SERVICE INC
BERNICE RUVALCABA
SAFETY-KLEEN SYSTEMS, INC.
SAN GABRIEL VALLEY COLTNCIL OF GOV'T
SCHWALM GENERATION, INC.
SERCO
SIGTRONICS CORP.
SOUTHERN CALIFORNIA NEWS GROUP
TAYLER VINCIGUERRA
TESLA ENERGY OPERATIONS, INC
TESLA ENERGY OPERATIONS, INC.
TK PzuNT MANAGEMENT, INC.
TURF STAR,INC.
VILLASENOR, KENNY
WAGEWORKS,INC.
WATERTALENT LLC
WAXIE SANITARY SUPPLY
WELLS FARGO VENDOR FINANCIAL SVCS
AGI ACADEMY
AMERICAL GRAPHIC SYSTEMS, INC.
DETROIT AUTO BODY, INC.
Page2of 4
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUNT
FY 2024-2025
8t28t2024
ISSUED TO
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
4 r,660.80
836.94
789. I 0
4,316.40
196.71
332.16
658,847.89
25,1 13.30
10,166.67
8,937.50
5,6 r 3.50
13,907.08
5,355.00
11,000.00
t4,326.97
16,852.33
153,734.87
572.34
GREENSCAPE MAINTENANCE SERVICES INC
INTERSTATE BATTERY INLAND VALLEY
LA VERNE POWER EQUIPMENT, INC.
MSDSONLINE VELOCITY, EHS
POMONA TRUCK & AUTO SUPPLY
SKYLINE SAFETY AND SUPPLY
THREE VALLEYS MUNICIPAL WATER DIST
WEST COAST ARBORISTS, INC.
CORDRAY ENTERPRISES LLC
DEROIAN VENTURES LLC
GROUND ZERO TECHNOLOGIES LLC
LIBERTY COASTAL LLC
MARLYN PACHECO LLC
MICHAEL W. TYNES
OWSLEY ENTERPRISES LLC
ROGER BASS
STRATEGIC CONTRATING SERVICES
SO CAL GAS CO
Total Payroll and Employee Benefit Payments
Total LAIMPACT Demands
1,153,940.93
1,372,459.47
t 1,096.25
Total Demands $ 2,s37,496.65
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOI.INT
FY 2024-2025
8t28t2024
ISSUED TO
Payroll and Employee Benefit Payments
Break down of standard providers and the benefits they provide Provider
REYES, HEATHER
UNITED WAY CAMPAIGN
UNITED STATES TREASURY
STATE DISBURSEMENT BDOOO5689
STATE OF CALIFORNIA
EMPOWER TRUST COMPANY, LLC.457
EMPOWER TRUST COMPANY, LLC-ROTH
EMPOWER TRUST COMPANY, LLC.4OIA
PAYROLL
CHARLES SCHWAB BANK
LA VERNE FIRE ASSOCIATION
LA VERNE POLICE OFFICERS ASSOC.
Benefits Description
17051 I
170512
BANK DRAFT
BANK DRAFT
BANK DRAFT
BANK DRAFT
BANK DRAFT
BANK DRAFT
BANK DRAFT
EFT
EFT
EFT
Total
128.68
4.00 214,674.4t
510.46
264,514.33
25,043.15
6,687. r I
6,282.95
844,214.11
10,400.27
s 1,372,459.47
A.C, Newman Co.
Delta Dental
The Hartford
Health Net
Kaiser
Wage Works
US Treasurey
State of Califomia
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
Fire/Police/La Veme Employee Fund
LAIMPACT Law Enforcement Task Force Demands
Accidental Death Life Insurance
Employee dental insurance coverage
Life Insurance Policy
Employee health insurance
Employee health insurance
Flexible Savings Account (FSA) deductions
Employee federal tax withholdings
Employee state income tax, unemployment insurance and child support/gamishments 40lA plan
4578 plan
Roth plan
Replacement Social Security plan
Employee Group Dues
I 70506
170507
I 70508
1 70509
170510
MULTIPLE
Total
900.00
1,099.71
8,586.54
400.00
1 r 0.00
AT&T
BANK OF AMERICA
RSG PRODUCTS,INC.
SMITH'S LOCK AND SAFE
SOUTHLAND SHREDDING, INC.
LAI ENFORCEMENT OPERATIONS
$ 1 1,096.25
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities.
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
9/4/2024
FY 24-25
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING,/FUNDING POLICY AND HAVE BEEN REVIEWED BY THE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
AMOUNT ISSUED TO DESCRIPTION
l.
)
3. 4.
5. 6.
7. 8.
9. 10.
32. I 39.0 l
32,000.00
29.808.80
9.704.28
6,626.75
4.901.17
4.583.33
4.559, s0
3,624.27
3,489.21
48,673.26
U.S BANK CORPORATE PAYMENT SYSTEM
UNIVERSITY OF LA VERNE
ENTERPRISE RENT.A-CAR
IMS REFRIGERATION, INC,
EAN SERVICES, LLC.
SOCAL ACCESS AND VIDEO
UCLA CENTER FOR PREHOSPITAL CARE
SIERRA PACIFIC ELEC. CONTRACTING
JONES MAYER
SIRENNET
OTHER DEMANDS
CITY CREDIT CARD TRANSACTIONS JULY 2024
BILLING PER CONTRACT 9IOII2O24- 8I3II2O25 NSTALLMENT I OF 2 TWO CAR LEASES 09101/2024-0813v202s (L.A. CLEAR)
NEW ICE MACHINE FOR STREETMATER DEPARTMENT
CAR RENTAL FOR FIRE DEPARTMENT ASSIGNMENTS
REPAIR/UPGRADE TO THE PEDESTRIAN GATE
SEPTEMBER 2024 CONTRACT SERVICE
AUGUST 2024 AND REPAIR SERVICES
JIJLY 2024 LEGAL SERVICE
FIRE SUPPLIEDS PURCHASES
$ I 80,109.58
DEMANDS OF $4,45I .27 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED
FINANCE DIRECTOR
s
Page I of3
CITY OF LA VERNE FY 24-25
REGISTER OF AUDITED DEMANDS . EXHIBIT A
CHECK NO. AMOUNT ISSUED TO
914t2024
170514
170515
170516
170517
170518
170519
170520
170521
170522
170523
170524
170525
170526
t70527
t70528
t70529
I 70530
I 7053 I
170532
r 70533
170534
I 70535
170536
I 70538
I 70539
170540
I 7054 I
170542
170544
I 70545
170546
170547
I 70s48
\70549
1 70550
I 7055 r
170552
I 70553
I 70554
I 70555
170556
170557
I 70558
1 70559
1 70560
I 7056 r
t70562
I 70563
t70564
1 70565
170566
t70567
I 70568
t70569
170570
17057 I
2,500.00
170.00
I,975.00
240.00
1,962.27
100.00
94.00 120.00
40.00 375.00
809.80
94.00 228.00
1,000.00
68.s0
6,626.7s
1,27 | .46
3,004.31
r 08.66
85.00 179.00
450.00
2,311.56
2,307.11
9,704.28
250.00
150.00
7 5.56
t,347.32
550.00
36.34 584.94
540.00
4.35 350.00
450.00
4,559.50
3,489.21
170.23
479.89
4,901.17
66.1 8
94.00 933.83
1,632.52
4,5 83,33
32,000.00
1,51 1.43
17.04 I ,105.5 I
I,440.00
250.00
29.77 29,808.80
41.t4
2,41t.12
$ AGING NEXT
ALEJANDRA PEREZ MORENO
AMERICAN TANK TESTING
ASHLEY REYES
BAB STEERING HYDRAULICS, INC.
BERNETT JACKSON
BRANDII NESTOR
BRIANNE JAYNES
BURRO CANYON SHOOTING PARK
CALIFORNIA PEST MANAGEMENT,INC.
CHARTER COMMLTNICATIONS
CLAUDIA CONSTANCIO
DEPARTMENT OF JUSTICE
DEVORA GALLEGOS
EAGLE SYSTEMS INTERNATIONAL
EAN SERVICES, LLC.
EWING IRRIGATION PRODUCTS
FC SAFETY
FRONTIER COMMUNICATIONS
GEORGINA SALCIDO
HAIXIA LI
HEDRICK FIRE PROTECTION
HOLLIDAY ROCK CO.
HOME DEPOT CREDIT SERVICES
IMS REFRIGERATION, INC.
IRMA CHEVALIER
KECK GRADUATE INSTITUTE
LA VERNE PETTY CASH
LOWE'S
MMASC
ODP BUSINESS SOLUTIONS, LLC
PK CONSTRUCTION
SAFESHRED COMPANY, INC.
SANDERS LOCK & KEY
SCPLRC
SEAL BEACH COLNSELING, INC.
SIERRA PACIFIC ELEC. CONTRACTING
SIRENNET
SMART & FINAL IzuS CO.
SO CAL INDUSTRIES
SOCAL ACCESS AND VIDEO
STAPLES
STEPHANIE FAULKNER
T-MOBILE
U.S. POSTMASTER
UCLA CENTER FOR PREHOSPITAL CARE
LINIVERSITY OF LA VERNE
VERIZON WIRELESS
WAGEWORKS,INC.
WAXIE SANITARY SUPPLY
WIRELESS TELEMATICS, LLC
YVONNE SAMBRANO-GARCIA
B&H PHOTO VIDEO
ENTERPRISE RENT-A.CAR
FEDEX
MASERGY CLOUD COMMUNICATIONS, INC
CITY OF LA VERNE FY 24-25
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUNT ISSUED TO
9t4t2024
170572
170573
170574
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
. EFT
EFT
EFT
]ANKDRWAN
990.81
438.00
1,634.73
720.00
I,795.00
3,300.00
3,624.27
725.00
475.00
3,000.00
265.00
169.13
200.00
701.t2
244.63
32,139.01
ODP BUSINESS SOLUTIONS, LLC
SOUTHERN CALIFORNIA TROPHY COMPANY
VERIZON WIRELESS
DENNIS GRUBB & ASSOCIATES
GRANICUS LLC
GREENWAY, KEVIN
JONES MAYER
LAW ENFORCEMENT MEDICAL SERVICES
LIEBERT CASSIDY WHITMORE
LUA, EVELYN
QUALITY CODE PUBLISHING, LLC
SAVAHE, HOLLIE
SHADES TINTING
SKYLINE SAFETY AND SYPPLY
ULINE
U.S BANK CORPORATE PAYI\4ENT SYSTEM
1 80, 1 09.5 8
r 98.56 Total LAIMPACT Demands
TotalDemand $ 180,308.14
LAIMPACT Law Enforcement Task Force Demands
198.56 T-MOBILE USA,INC.
LAI ENFORCEMENT OPERATIONS
s 198.s6
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities. 17057 5
MULTIPLE
Total
City of La Verne,City Council
Agenda Report
DATE: September 16, 2024
TO: Honorable Mayor and City Council
FROM: Eric Scherer, Community Development Director
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC.
FOR THE HILLCREST GATEWAY PROJECT CEQA
SUMMARY
The applicant, Mike Townsend, with Hillcrest Homes, has agreed to the City’s selection of LSA Associates, Inc. as the consultant to prepare the required environmental documents to meet the California Environmental Quality Act (CEQA). Staff is proposing the City enter into an agreement with LSA Associates, Inc. to prepare the necessary documents for a proposed project at Hillcrest Homes. The applicant will be responsible for the costs of the agreement.
RECOMMENDATION
That the City Council approve the Professional Service Agreement with LSA Associates, Inc. to perform CEQA services related to the Hillcrest Gateway Project.
DISCUSSION
Staff sent six prospective environmental consultants a letter requesting proposals for the review and preparation of a CEQA document for a proposed residential development at Hillcrest Homes. At the conclusion of the Request for Proposals, a total of three firms submitted proposals to prepare the required environmental documents. Staff reviewed each proposal in detail and concluded that LSA Associates, Inc. offered the most comprehensive proposal at a fair price.
LSA Associates, Inc $81,400
Rincon Consultants $97,667
PlaceWorks $161,589
LSA Associates, Inc. will be tasked with the preparation of an environmental document, compliant with CEQA. Once completed, the results from the environmental documents will be presented to the Planning Commission and a final determination will be made by the City Council. While the contract is with the City, all funds for the contract will be deposited by the applicant.
FISCAL ANALYSIS
The applicant will provide a deposit to the City in the amount of $81,400 to cover the cost of the agreement for the CEQA review. This deposit will include the total contract amount for services provided by LSA Associates, Inc and is in addition to the initial deposit amount required for staff time and other expenses. The funds will be held in a designated deposit account and used to
Professional Services Agreement with LSA Associates, INC. for the Hillcrest Gateway Project CEQA, Page 2
pay for the environmental consultant's services. No City funds will be used to finance this agreement, ensuring that the project’s CEQA review is fully funded by the applicant.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
The PSA and this report were reviewed and approved by the City Attorney.
ATTACHMENTS
1. LSA PSA with exhibit 9-5-24
Report Prepared By:
Candice Bowcock, Principal Planner
1 LSA Assocates. Inc.
Rev. 7-2024
CITY OF LA VERNE
PROFESSIONAL SERVICES AGREEMENT
WITH
LSA ASSOCIATES, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into the date of final execution September 9, 2024 (“Effective Date”), by and between the CITY OF LA VERNE, a municipal corporation (“City”), and LSA Associates, Inc. (“Consultant”).
RECITALS
A. City proposes to utilize the services of Consultant as an independent contract or for CEQA work related to the Hillcrest Gateway Project, as more fully described herein; and
B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the profess ional services described in Exhibit “A” incorporated herein.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.
1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
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Rev. 7-2024
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to harassment, workplace violence, discrimination minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required unde r this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including reasonable attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to s ection 12940 of the Government Code.
1.6. Non-Exclusive Agreement . Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a professional service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform s ervices contemplated by this Agreement at Consultant’s sole cost and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “A,” attached hereto and made a part of this Agreement.
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee , prior to Consultant performing the additional services, approves such
3 LSA Assocates. Inc.
Rev. 7-2024
additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of t he authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, t he professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “D,” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, or as soon as reasonably possible, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.
4.0. TERM AND TERMINATION
4 LSA Assocates. Inc.
Rev. 7-2024
4.1. Term. This Agreement shall commence on the Effective Da te and continue for a period of 36 months, ending on June 30, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination . The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this agreement without cause shall be deemed effective upon receipt of the notice of termination. If termination is for cause, Consultant shall have the opportunity to cure any dispute within five (5) day s from receiving written notice of the dispute. In the event of such termination, Consultant shall immediately stop rendering services under this Agre ement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days o f delivery of termination notice to Consultant, at no cost to City. Consultant shall have the right to retain copies of documents for compliance, audit and documentation purposes. Any use of uncompleted documents without specific written authori zation from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance . Consultant shall obtain , maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent AM Best InsuranceGuide, and approved by City:
(a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate.
(b) Business a utomobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
5 LSA Assocates. Inc.
Rev. 7-2024
(c) Workers’ compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City , its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of La Verne and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “ The Consultant’s insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of La Verne shall be excess and not contributing with the insurance provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of La Verne , its officers, officials, agents, employees, and volunteers.
(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City
6 LSA Assocates. Inc.
Rev. 7-2024
is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.
5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
5.6. Excess Coverage . To the extent that Contractor maintains any insurance coverage(s) in amounts or types which are not expressly called out in this Agreement, such additional coverage(s) shall be deemed to be required by this Agreement.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The C ity Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
7 LSA Assocates. Inc.
Rev. 7-2024
IF TO CONSULTANT: IF TO CITY:
LSA Associates, Inc.
1500 Iowa Avenue, Suite 200
Riverside, CA 92507
City of La Verne
3660 D Street
La Verne, CA 91750
Tel: (951) 781-9310 Tel: (909) 596-8706
Attn: Anthony Petros Attn: Candice Bowcock
Courtesy copy to:
City of La Verne
3660 D Street
La Verne, CA 91750
Attn: Finance Dept. | Purchasing
6.5. Drug-Free Workplace Policy. Consultant shall provide a drug -free workplace by by complying with all provisions set forth in the United States Drug-Free Workplace Act of 1988, 41 U.S.C. Section 701, et seq. Consultant’s failure to conform to these requirements shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties he reto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant ’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City ’s consent, no subletting or assignment shall r elease Consultant of Consultant’ s obligation to perform all other obl igations to be performed by Consultant hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the errors or omissions, willful misconduct or negligent performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement.
8 LSA Assocates. Inc.
Rev. 7-2024
The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asser ts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
6.10. Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business li censes, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessme nts, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or inde mnification arising under this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consul tant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled t o, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for emplo yer contribution and/or employee contributions for PERS benefits.
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6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent o f City, unless compelled by law. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indem nify and hold harmless Consultant from all claims, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.
6.14. Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information and data , including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records A ct (California Government Code s ection 7920.000, et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest . Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code s ections 81000, et seq.) and Government Code s ection 1090.
During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
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6.17. Prohibited Employment. Consultant will not employ any regular employee of City while the work is being performed under this Agreement .
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.20. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.21. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.22. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.23. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.24. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.25. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any prov ision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event s hall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.26. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending
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provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party , is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.28. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
[Signatures appear on following page.]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CONSULTANT
__________________________________ Date: __________________________ Signature
__________________________________
[Name and Title]
CITY OF LA VERNE
__________________________________ Date: __________________________ [Name]
[Mayor or City Manager]
ATTEST:
__________________________________
Debra Fritz
Deputy City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
CEQA PROPOSAL FOR
THE HILLCREST GATEWAY PROJECT
JULY 22, 2024
EXHIBIT A
LSA is a business name of LSA Associates, Inc.
CARLSBAD
CLOVIS
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
1500 Iowa Avenue, Suite 200, Riverside, CA 92507 951.781.9310 www.lsa.net
1. Cover Letter
July 22, 2024
Candice Bowcock, Principal Planner
City of La Verne
3660 D Street
La Verne, California 91750
Subject: CEQA Proposal for the Hillcrest Gateway Project for the City of La Verne Dear Ms. Bowcock:
LSA is pleased to submit this proposal to prepare an Initial Study and supporting technical environmental studies for a proposed residential development by Brethren Hillcrest Homes in La Verne. LSA expects the Initial Study will support a Mitigated Negative Declaration for the project pursuant to the California Environmental Quality Act (CEQA).
LSA has extensive experience supporting the City of La Verne with CEQA compliance for residential developments , including preparing CEQA documentation to update the Brethren Hillcrest Homes Master Plan in 2019.
The LSA Team will be led by Kyle Simpson, Principal Environmental Plann er, and Dionisios Glentis, Associate Environmental Planner . Mr. Glentis will serve as Project Manager and the primary point of contact for this project. Mr. Glentis is a resident of La Verne who takes pride in his project experience in the city. Mr. Glentis managed CEQA compliance documents for the Brethren Hillcrest Homes Master Plan Updat e (26 -19MPA, etc.) and the Damien High School Master Plan Updat e (61 -17CUP). Most recently, Mr. Glentis served as project manager and author of an Initial Study/Mitigated Negative Declaration for the development of 50 attached townhomes on a 2.26 -acre infill site in La Verne, as well as eight single -family affordable housing units on 0.7 0 acre for the Brandywine Homes Residential Development Project (63-20SPA, 65-20SPA, 122-20GPA, 123-20GPA, 15-21CUP, 30-21CUP, etc.). In addition, LSA’s in-house staff has prepared technical environmental studies for numerous residential projects (e.g., 1941 N. White Avenue Project, Brethren Hillcrest Homes Master Plan Update, Brandywine Homes Residential Development, La Verne Village [mixed -use], and Sage Canyon) throughout the city.
With LSA’s extensive experience in the c ity and familiarity with the La Verne General Plan and Municipal Code, we will prepare a defensible CEQA document and technical studies quickly and proficiently.
If you have any questions regarding this submittal, p lease contact Dionisios Glentis at (951) 777-2338 or [email protected]. Thank you for the opportunity to provide our proposal.
Sincerely,
LSA Associates, Inc.
Anthony Petros
Chief Executive Officer
LSA’s Primary Point of
Contact:
Dionisios Glentis
Associate Environmental
Planner
Role: Project Manager
[email protected]
(951) 777-2338
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2. Firm Qualifications
Firm Profile
Environmental planning and documentation have been the core of LSA’s professional services since the firm’s founding in 1976 and continue to be the key practice areas. LSA is a full -service environmental planning and impact assessment firm. Our team of cer tified and registered professionals provides in- house technical support covering the majority of services necessary to prepare environmental documents and supporting technical documentation. LSA’s environmental planners and analysts are active in all aspects of community development, land use planning, and public involvement.
LSA is a 100 percent employee -owned environmental consulting firm with a staff of approximately 180 full-time and part-time employees in nine offices throughout California.
Working with specialists across multiple technical disciplines, LSA’s environmental planners and technical specialists offer deep knowledge of science and regulations, solid problem-solving skills, and well-rounded solutions. This balanced approach has earned LSA a reputation for thorough, credible, and objective analysis that accommodates agency requirements without compromising clients’ objectives. With respect to ongoing education, LSA staff members maintain and supplement the firm’s knowledge, understanding, and technical expertise in the application of the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) by regularly attending workshops on recent court outcomes and legislative amendments. Additionally, we regularly work with land use and CEQA attorneys who provide us with specific suggestions as to how the most recent case law should be interpreted and incorporated into our Environmental Impact Reports (EIRs) and other CEQA documents.
LSA’s Project Experience
LSA has extensive experience working with the City of La Verne (City) on residential, mixed-use, and institutional projects throughout the city . Projects that best represent our experience in reviewing and preparing environmental documents for the proposed project are summarized below, including the 2019 Brethren Hillcrest Homes Master Plan Update on a site located 150 feet southwest of the proposed project site.
LSA has 48 years of experience in providing a full range of environmental review services throughout California.
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City of La Verne, Brethren Hillcrest
Homes Master Plan Update
LSA prepared an Initial Study/Mitigated Negative
Declaration (IS/MND) and technical studies related to
architectural history, biological resources and
arboriculture, air quality, greenhouse gas emissions,
noise and vibration, and transportation to update the
Brethren Hillcrest Homes Master Plan. The project
included construction of 14 new attached and detached
single-family homes with common area landscaping on
1.7 acres. The project require d an update to
Neighborhood 6 of the Master Plan, a Zone Change,
General Plan Amendment, Roadway Vacation, Parcel
Merger, Precise Plan Review, and Tree Removal Application. The La Verne Planning Commission and City Council approved the IS/MND in November 2019 and January 2020, respectively.
City of La Verne, Brandywine
Homes Residential Project
LSA prepared an IS/MND for the development of 50
attached townhomes on a 2.26-acre infill site, as well as eight single-family affordable housing units on 0.70 acre on a separate property in the c ity in conjunction with, and as a condition of, the 50 -townhome development.
LSA also prepared supporting technical studies for
transportation, air quality/greenhouse gas, noise,
architectural history and archaeological resources, and biological resources and arboriculture, as well as peer review of Phase I and II Environmental Site Assessment
reports prepared by the project a pplicant. The project is located within the Brackett Airport Land Use Compatibility Plan and includes a General Plan Amendment, two Specific Plan Amendments, and a Zone Change. The La Verne Planning Commission and City Council approved the IS/MND in September 2021 and October 2021, respectively.
City of La Verne, Sage Canyon
Residential Project
LSA prepared an IS/MND and supporting technical
studies for transportation, air quality and greenhouse
gases, noise/vibration, and biological resources for
development of 14 single -family residential units on
11.4 acres. The project included a zone change, tree
removal permit, and Hillside Development Overlay
Zone (HDOZ) modifications as a Zoning Amendment
that required two modifications to the HDOZ
requirements: (1) a cul- de-sac length that exceeds the current standard; and (2) one access point instead of
the currently required two points of a ccess. The
property is within a Very High Fire Hazard Severity Zone and was subject to conditions of approval from
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the La Verne Fire Department. Specific issues addressed included hillside development, wildfire, transportation, noise, and preservation of heritage oak trees. The La Verne Planning Commission and City Council approved the IS/MND in November and December 2015, respectively.
City of La Verne, Emerald Court
Specific Plan
LSA prepared an IS/MND for 19 single-family homes on
an urban infill site of 3.2 acres located at 2006 Baseline Road. The project site is located between Baseline
Road to the north and Interstate 210 to the south and
was subject to substantial mobile noise that required
mitigation. Major issues included additional traffic and turning movements south of Baseline at the project entrance, noise from the adjacent 210 freeway, loss of heritage oak trees, and dust and other air pollutant emissions during construc tion. The La Verne Planning Commission approved the IS/MND in January 2016.
City of La Verne, Village Mixed-
Use Project
LSA prepared an IS/MND and supporting technical
studies for transportation, air quality and greenhouse
gases, and noise/vibration to amend the Foothill
Boulevard Specific Plan in support of 174 multi -family residential units and 16,500 square feet of commercial
uses on 7.7 acres previously developed as a car dealership . Specific issues addressed included transportation, air quality and greenhouse gases, noise/vibration, aesthetics, and hazardous materials.
The La Verne Planning Commission approved the IS/MND in April 2011.
City of La Verne, Damien High
School Master Plan
LSA prepared an IS/MND to update the Damien High
School Master Plan. The Master Plan buildout is
anticipated over a 10 -year period and would include
the construction of a s tudent center, a c hapel, a
science building, and a performing arts studio totaling approximately 73,000 square feet of new building area
within three phases of development on a 25.8 -acre
high school campus. LSA also prepared supporting
technical studies in the fields of air quality and
greenhouse gas emissions, cultural resources, noise and vibration, and traffic as part of the project.
Specific issues addressed include historic properties, noise and vibration, air quality, traffic, and hazards and hazardous materials. The La Verne Planning Commission and City Council approved the IS/MND in April 2019 and May 2019, respectively.
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City of La Verne, 1941 N. White Avenue Project
LSA pr epared cultural and biological technical
studies and provided general environmental
consulting services to Novipax Buyer, LLC for
development of up to 367 residential units and
1,588 square feet of ground -floor retail uses
within a five -story building on a 4.8 -acre
property at the northwest corner of Arrow
Highway and White Avenue in La Verne . The
project was found exempt from CEQA pursuant
to Section 15332 (In -Fill Development Projects)
and Section 15182 (Projects Pursuant to a
Specific Plan) of the CEQA Guidelines and was
approved by the City Development Review
Committee in June 2024.
City of Reedley, Kings View Residential Project
LSA prepared an IS/MND and technical studies for air quality and greenhouse gas emissions, noise and vibration, and transportation, in support of 12 multi-family residential units. The project required a Rezone and General Plan Amendment, and specific concerns raised by the community were primarily related to potential noise impacts. The project was approved in the summer of 2023.
LSA Team
LSA has built a strong, versatile team of experts in their respective fields to fulfill the full scope of services required for this project. The LSA Team will be led by Dionisios Glentis, who will serve as Project Manager, and Kyle Simpson, who will serve as Principal in Charge. Mr. Glentis will administer the contract, delegate assignments, coordinate with in -house technical specialists, and ensure that all tasks required by the scope of services are completed in a thorough, efficient, cost-effective, and timely manner. As Principal in Charge, Mr. Simpson will implement LSA’s Quality Assurance/Quality Control Program and ensure that all documents meet LSA’s standards. A brief summary of the background and qualifications of LSA ’s project management team is provided below, followed by an organizational chart of the LSA Team. Resumes for the team are included in Appendix A.
Kyle Simpson, Principal Environmental Planner
Role: Principal in Charge
Mr. Simpson is a CEQA and NEPA practitioner and project manager with over 1 7 years of experience. He has served as project manager or key staff on dozens of projects across California. He has extensive experience with project-level analysis for residential, mixed-use development, school facilities, public facilities, and open space/recreational facilities. His responsibilities at LSA include project management and preparation of CEQA/NEPA documents. Mr. Simpson’s relevant project experience includes currently managing the preparation of an EIR for the Heritage Grove Specific Plan, which would include residential, retail, commercial, park, and public facility uses.
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Dionisios Glentis, Associate Environmental Planner
Role: Project Manager
Mr. Glentis is an Associate/Senior Environmental Planner with 18 years of experience in environmental planning, transportation planning, and land use planning. Mr. Glentis specializes in environmental planning, cultural resources management, and construction site comp liance. Mr. Glentis has managed, authored, reviewed, and implemented hundreds of environmental compliance documents that include Proponent’s Environmental Assessments, IS/MNDs, EIRs , Environmental Impact Statements , Section 4(f) Evaluations, Water Quality Assessment Reports, Worker Environmental Awareness Programs, Mitigation Monitoring and Reporting Programs, Phase I/Class III Cultural Resources Inventories, and Phase II Archaeological Testing and Evaluation Reports.
Mr. Glentis’ relevant project experience includes
having served as project manager and author of the IS/MNDs to update the Brethren Hillcrest Homes Master Plan and Damien High School Master Plan, as well as for the Brandywine Homes Residential Development Project. Mr. Glentis also provided general environmental consulting services and managed technical environmental studies for Novipax Buyer, LLC for the 1941 N. White Avenue Project.
Organizational Chart
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3. Approach and Methodology
Project Understanding
Brethren Hillcrest Homes is a continuing care retirement community established in March 1947 by a local faith community of the Church of the Brethren to provide housing and services for its retiring ministers and missionaries. Today, Hillcrest consists of 243 residential homes and apartments, 48 assisted living units, 24 dementia beds, and 74 skilled nursing facility beds. The proposed Hillcrest Gateway Project (project) includes demolition of seven residential homes and construction of nine residential hom es on approximately 1.4 acres split between two lots encompassing Assessor’s Parcel Numbers (APNs) 8381-010-006, -028, -033, and -043 within the west campus of the Hillcrest Community. The project also includes removal of approximately seven mature trees and reconstruction of portions of the curb, gutter, and sidewalk along the project frontage, as well as reconstruction of public paseos traversing these properties to improve the connection between the east and west campuses of the Hillcrest Community.
The zoning designation for APNs 8381- 010-006, -028, and -033 is Planned Residential 4.5D (PR4.5D), and the zoning designation for APN 8381 -010-043 is Institutional. The project would require an amendment to the Brethren Hillcrest Homes Master Plan, a Zone Change, General Plan Amendment, Parcel Merger, Precise Plan Review, and possibly a Tree Removal Application to facilitate the proposed development.
Upon merger of the subject parcels, the zone of the project site would change to Institutional , and the properties would be further integrated into the Brethren Hillcrest Homes Master Plan.
The project site is surrounded by residential uses. The project has the potential to affect the neighborhood from the generation of air pollution, noise, and traffic during project demolition, construction, and operation. Additionally, approximately seven trees are designated for removal pursuant to Chapter 18.78 of the City Municipal Code and are expected to require a tree removal permit. Finally, the project site is 200 feet north of land uses within the Lordsburg Specific Plan, which is designated by the City as a local historic district with a period of significance between 1888 and 1960. T he houses proposed for demolition are older than 50 years, two of which (2692 Park Avenue and 2712 Park Avenue) have the potential to be of historical significance due to their age corresponding with the period of significance of the Lordsburg Historic D istrict. Therefore, LSA proposes an evaluation of the project site’s architectural history in accordance with Title 14, California Code of Regulations, §4852, CEQA Guidelines §15064.5, and Section
18.60.040 of the City Municipal Code.
Accordingly, LSA proposes to evaluate potential environmental effects of the project through the provision of the following services:
Preparation of the following technical studies:
o Arborist Report;
o Architectural History Assessment;
o Noise and Vibration Assessment;
o Traffic Trip Generation and Vehicle Miles Traveled Assessment; and o Air Quality, Greenhouse Gas, and Energy Assessment;
Preparation of a CEQA Environmental Document (assumed [Mitigated] Negative Declaration) along with the Initial Study checklist.
In order to gauge the public’s interest and opinion of the proposed update to the Brethren Hillcrest Homes Master Plan, LSA will present the CEQA process at up to two public workshops that will be used to focus
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on the analyses in the Initial Study. Furthermore, evaluation of the architectural history of the project site will address potential impacts to historical resources pursuant to Title 14, California Code of Regulations, §4852.
Approach and Methodology
Task 1.0: Project Initiation
Task 1.1: Project Kick-Off Meeting
LSA will conduct a project kick-off conference call to ensure an orderly flow of project efforts. The call will be held with Brethren Hillcrest Homes and C ity staff to establish a mutual understanding of the environmental documentation objectives and key issues, explore community and City concerns regarding the project, and discuss the C ity’s expectations for LSA’s work effort. LSA also will consult with C ity case planner Candice Bowcock to document the procedures the City will implement for this project to comply with Senate Bill 18 and Assembly Bill 52.
Task 1.2: Project Description
LSA will draft a comprehensive project description based on the most recent project information provided by Brethren Hillcrest Homes, City staff, and other team members. The project description will provide a detailed narrative of the proposed project and geographical setting as required by CEQA. Additionally, LSA will visit the project site to establish an understanding of existing site conditions, the physical setting of the project site, and the relationship between the project site and adjacent land uses. This scope and cost estimate assume one round of review/revision based on one set of consolidated comments each from Brethren Hillcrest Homes and City staff.
Task 2.0: Technical Studies
LSA will prepare the following technical studies with associated memoranda and/or tabular documentation as specified below. Each of these assessments will be prepared in accordance with CEQA standards and will be applicable in support of an IS/MND or EIR. LSA will prescribe mitigation measures as necessary and will submit each assessment to the City for review as an appendix to the CEQA document.
LSA assumes one round of consolidated comments from Brethren Hillcrest Homes and City staff to each of the technical studies. Comments made by attorneys and/or any third -party reviewer(s) will be considered an additional round of review and potentially be subject to a budget augment.
Task 2.1: Arborist Report
LSA proposes to conduct a tree evaluation and prepare an arborist report in accordance with Section 18.78 (“Preservation, Protection and Removal of Trees”) of the City ’s Municipal Code. An LSA arborist certified by the International Society of Arboriculture will conduct the evaluation and prepare the report. The evaluation will include an inventory of all trees on the project site (both lots) with a single-trunk caliper of 4 inches or greater. Dead trees, palms under 8 feet tall, and invasive species such a s tree of heaven (Ailanthus altissima) will not be inventoried.
Based on aerial photography, LSA estimates that there are up to 40 trees on the project site that would need to be inventoried. Each tree will be assigned a number and identified to species if possible. Any inventoried tree that may meet the definition of “significant tree” under Section 18.78 (i.e., any cedar, camphor tree, oak tree, California sycamore, or southern California black walnut) will be further evaluated by measuring its height, canopy, and trunk caliper, estimating its age, and assessing its general condition.
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A report will be prepared pursuant to Section 18.78.130 to present the results of the evaluation. The report will include a summary of the data collected for each tree, a map showing tree locations, and a photograph of each significant tree. The report will also include proposed protection measures for each significant tree that will be preserved in accordance with project plans and consistent with the required protective measures specified in Section 18.78.160 of the City’s Municipal Code.
Task 2.2: Architectural History Assessment
Preliminary research indicates there are historic-period (50 years of age or older) buildings on each of the properties within the project site. An LSA architectural historian will conduct archival research to determine the dates of construction and alterations, identify people associated with the buildings, and develop relevant historic contexts for the properties. Intensive -level field surveys of each historic -period building will be completed and will include photographing the exteriors of the buildings and related features and making detailed notations regarding their architectural style, character -defining features, integrity, and condition.
LSA will document and evaluate the historic-period buildings on State Department of Parks and Recreation (DPR) 523 forms using the California Register of Historical Resources criteria, as well as any applicable local criteria for historic significance. LSA stipulates that a maximum of seven buildings on three properties will be evaluated.
LSA will prepare a memorandum that will summarize the research and field methods and results and the significance evaluations. If appropriate, recommendations for mitigation will be provided. The DPR forms will be attached to the memorandum. This scope and budget include one round of review/revision of the report to address City comments. If any of the historic -period resources are evaluated as historically significant, an impact assessment may be required pursuant to a contract amendment as agreed to by City staff and Brethren Hillcrest Homes.
Please note that this scope of work does not include a cultural resources record search because LSA proposes to utilize recent record search data compiled from our evaluation of the 2019 Brethren Hillcrest Homes Master Plan Update (26 -19MPA) for City staff to use during consultation with interested Native American Tribes pursuant to Senate Bill 18 and Assembly Bill 52.
Task 2.3: Noise and Vibration Assessment
LSA will prepare a Noise and Vibration Assessment in accordance with all applicable procedures and requirements of the City, County, and CEQA Guidelines . The assessment will include a review of the Federal Transit Administration’s applicable noise and vibration standards and will assess potential short - term construction impacts as well as long -term traffic -related and operational impacts to sensitive receptors in the project vicinity. The following tasks will be completed for this effort:
Survey of existing ambient noise levels (up to three long-term 24-hour measurements); Determination of short-term construction noise and vibration effects to off-site sensitive uses; Determination of operational noise and vibration effects to off-site sensitive uses; and Determination of project-related transportation noise and vibration effects to off-site sensitive uses.
The Noise and Vibration Assessment will be provided directly in the IS/MND , with modeling data to be included as an appendix. LSA will respond to one round of consolidated review comments from Brethren Hillcrest Homes and City staff.
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Task 2.4: Traffic Trip Generation and Vehicle Miles Traveled Assessment LSA will prepare a Traffic Trip Generation and Vehicle Miles Traveled Assessment pursuant to the City’s Transportation Study Guidelines for Vehicle Miles Traveled and Level of Service, dated August 2020 (TS Guidelines), and applicable provisions of CEQA. Tasks for the scope of work are as follows:
Task 2.4.1: Trip Generation Analysis
LSA will prepare a trip generation analysis for submittal to the City’s Transportation Division. As per the City‘s TS Guidelines, a detailed level of service (LOS) analysis is required for projects forecast to generate 100 or more peak hour trips. Based on the project description, LSA anticipates that the project will generate fewer than 100 peak hour trips, and therefore a detailed LOS study would not be required for this project. The purpose of the analysis will be to demonstrate that the project would generate fewer than 100 peak hour trips and add fewer than 51 peak hour trips to any intersections; therefore, a detailed LOS study would not be required for the project.
It should be noted that since the project requires a General Plan Amendment and Zone Change, City staff may still request a focused LOS analysis within the immediate vicinity of the proposed project. If City staff requires a detailed LOS analysis, LSA would request a contract amendment to provide the additional services requested.
Task 2.4.2: Vehicle Miles Traveled Assessment
Based on the City’s TS Guidelines, a project can be screened out from a vehicle miles traveled ( VMT) analysis if it is either located in a Transit Priority Area, is in a Low VMT Area, or generates fewer than 110 daily vehicle trips. Based on the preliminary trip generation estimate, the proposed project is estimated to generate fewer than 110 daily vehicle trips. Therefore, the project may be screened from a detailed VMT analysis. Accordingly, LSA will prepare a VMT screening analysis demonstrating that a detailed VMT analysis may not be required for the project. Again, since the project requires a General Plan Amendment and Zone Change, City staff may still request a detailed VMT analysis, in which case LSA would request a contract amendment to provide the additional services requested.
As part of this analysis, LSA will evaluate potential project impacts on public transit, bicycle, and pedestrian facilities based on whether the project conflicts with adopted policies, plans, or programs for these facilities, or whether the project decreases the performance or safety of these facilities.
LSA will prepare a draft Traffic Trip Generation and Vehicle Miles Traveled Assessment for submittal to the City’s Transportation Division. This scope and budget include one round of review/revision of the report to address comments from Brethren Hillcrest Homes and City staff.
Task 2.5: Air Quality, Greenhouse Gas, and Energy Assessment LSA will utilize the California Emissions Estimator Model, Version 202 2.1, to evaluate the amounts of criteria air pollutants and greenhouse gases the proposed project would emit and to determine the amount of energy that would be required to construct and operate the project. LSA would prepare the analysis consistent with applicable City, Count y, and South Coast Air Quality Management District (SCAQMD) guidelines and CEQA Guidelines. The analysis will include the following:
Regulatory setting and significance thresholds;
Short-term construction emissions, including a construction health risk assessment (HRA) that will summarize cancer risk and non-cancer risk (chronic and acute) and will compare the results of the HRA with the SCAQMD’s recommended thresholds;
Long-term mobile and stationary source emissions;
Quantification of greenhouse gas emissions (construction and operation);
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Localized significance analysis;
Determination of the project’s consistency with the SCAQMD Air Quality Management Plan; Evaluation of potentially objectionable odors; and
Energy assessment, including an assessment of the project’s compliance with applicable energy efficiency standards.
The Air Quality, Greenhouse Gas, and Energy Assessment will be provided directly in the IS/MND , with modeling data to be included as an appendix. LSA will respond to one round of consolidated review comments from Brethren Hillcrest Homes and City staff.
Task 3.0: Initial Study
Task 3.1: Draft Initial Study
LSA will prepare an Administrative Draft Initial Study based on the technical studies detailed in Task 2.0 and independent analysis , including applicant-provided civil engineering studies (e.g., Low Impact Development Plan and Geotechnical Report), and prescribe mitigation where necessary to reduce environmental impacts of the project to less than significant levels. LSA will review the City General Plan, project plans, pertinent environmental data, and other relevant documents to ascertain the extent of potential environmental impacts. LSA w ill address the following e nvironmental factors presented in Appendix G of the CEQA Guidelines as they relate to the project, applicable C ity standards, and/or the standards of State or federal entities:
Aesthetics Mineral Resources
Agriculture and Forestry Resources Noise
Air Quality Population and Housing
Biological Resources Public Services
Cultural Resources Recreation
Energy Transportation
Geology and Soils Tribal Cultural Resources
Greenhouse Gas Emissions Utilities and Service Systems Hazards and Hazardous Materials Wildfire
Hydrology and Water Quality Mandatory Findings of Significance Land Use and Planning
Please Note: In the event environmental impacts of the project cannot be mitigated to levels below significance, an EIR may be determined necessary. In such a case, the Initial Study would be used to screen out the environmental factors determin ed not to require mitigation and/or result in significant and unavoidable impacts. To proceed with preparation of an EIR, LSA would request an amendment to this scope and budget to account for the additional services necessary to comply with CEQA. The focused EIR would address only those environmental factors that are determined to require mitigation as well as those that cannot be mitigated to levels below significance and/or are anticipated to be topics of controversy to the public based on the Public Scoping process.
LSA will complete t he Administrative Draft Initial Study within 4 weeks of receipt of all required project materials and City consultation under Senate Bill 18 and Assembly Bill 52 and submit it electronically (tracked changes Word document) to City staff . Any delay in the receipt of all or part of these required
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data may necessitate an extension of the estimated completion date. This scope and cost estimate assume up to two rounds of consolidated and non -contradictory comments (tracked changes Word document ) from Brethren Hillcrest Homes, City staff, and the City attorney.
Task 3.2: Mitigation Monitoring and Reporting Program
LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP) upon approval of the Draft Initial Study to implement the mitigation measures outlined in the Initial Study for the project. The mitigation measures would be included in a matrix check-off format for ease of tracking their implementation.
Task 4.0: Mitigated Negative Declaration
Task 4.1: IS/MND Public Review Materials
Once the Draft Initial Study has been reviewed and approved by the City (see Task 3.0), LSA would prepare all the necessary forms for circulating the IS/MND to the public and resource agencies. LSA would use standard forms or those provided by the City, whichever is preferred.
The IS/MND would be circulated for a 20- or 30-day public review period, subject to review by select State agencies. This scope and cost estimate assume the City would provide a current public agency distribution list, post the Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) in local newspaper(s), and notice adjacent/nearby property owners (as necessary). If requested, LSA would post the NOI with the Los Angeles County Clerk. If requested, LSA would distri bute the NOI to agencies/organizations on the C ity- provided distribution list via certified mail (return receipt). LSA would provide the C ity evidence of all mailings and posting related to the distribution of the IS/MND.
To minimize print and distribution costs, LSA would provide up to seven hard copies of the IS/MND and MMRP for City records
1 but would distribute the IS/MND per the City’s mailing list via a weblink on the NOI. Distribution would include up to 30 hard copies of the NOI with a link to the City’s website where all documents can be accessed. The City would either post the IS/MND to the California State Clearinghouse or provide LSA staff upload authorization to the Office of Planning and Research Document Database.
Task 4.2: Response to Public Comments
LSA would respond to public comments on the IS/MND upon close of the public review period within 2 weeks of receipt of all public comments. This scope and cost estimate assume up to 24 hours of LSA staff time for this task. Time required in excess of this assumption would be incurred upon City authorization and billed on a time-and-materials basis.
As required, LSA would revise the IS/MND to incorporate relevant comments/data received during the public review period. LSA would present r evisions to the IS/MND in an errata document to facilitate subsequent review by the City.
Task 4.3: Final IS/MND and Notice of Determination
LSA would prepare up to seven hard copies of the Final IS/MND, responses to comments, and MMRP for the City’s records . A ny appendices would be provided electronic ally. Subsequent to approval of the IS/MND, LSA would provide the C ity with the Notice of Determination (NOD) for submission to the Los Angeles County Clerk and California State Clearinghouse. At the City’s request, LSA can file the NOD with
1 Any appendices would be provided as electronic PDF files on flash drives.
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the Los Angeles County Clerk and California State Clearinghouse, but it is the City’s responsibility to ensure applicant-supplied filing fees are paid to the County Clerk.2 Task 5.0: Project Management and Meetings
Task 5.1: Project Management
LSA’s Project Manager, Dionisios Glentis, will serve as primary author of the IS/MND and be responsible for managing the day -to-day activities associated with the project, including regular coordination with City staff and the project team, contract management, oversight of the LSA project team, schedule coordination, and development of products. Mr. Glentis will provide City staff with regular updates regarding the status of LSA’s work and scheduled deliverables.
Task 5.2: Meetings, Public Workshops, and Public Hearings LSA will attend (via conference call or in-person) up to six coordination meetings with C ity staff and the project team, two public workshops, and up to two public hearings of the City (i.e., Planning Commission and City Council ) to consider approval of the IS/MND and action on the project. If requested, LSA will explain the content, findings, and determinations of the IS/MND and will respond to relevant comments raised during the public workshops and hearings.
Schedule
Processing of the IS/MND can be completed approximately 7 months after authorization to proceed , which is assumed to occur by August 1, 2024. The following table provides estimated time frames for each task outlined in the scope of work.
SCHEDULE OF TASKS DURATION DATE OF DELIVERY1
Authorization to Proceed 1 day August 1, 2024
Task 1.0: Project Initiation
1.1: Project Kick-Off Meeting 1 day Early August
1.2: Project Description 1 week Mid-August
Task 2.0: Technical Studies1
2.1: Arborist Report 6 weeks Mid-September
2.2: Architectural History Assessment 6 weeks Mid-September
2.3: Noise and Vibration Assessment 4 weeks2 Mid-September
2.4: Traffic Trip Generation and Vehicle Miles Traveled Assessment 2 weeks Late August
2.5: Air Quality, Greenhouse Gas, and Energy Assessment 4 weeks2 Mid-September Task 3.0: Initial Study
3.1: Draft Initial Study 4 weeks3 Early October
City Review 2 weeks Late October
LSA Revision 1 week Early November
City Review 1 week Mid-November
3.2: Mitigation Monitoring and Reporting Program4 — Mid-November
2 Failure to file the NOD and pay the filing fees within five business days of project approval would substantially increase the period during which the project approval may be legally challenged.
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SCHEDULE OF TASKS DURATION DATE OF DELIVERY1
Task 4.0: Mitigated Negative Declaration
4.1: IS/MND Public Review Materials 1 week Late November Start Public Review Period 1 day Late November
End Public Review Period 20 days Mid-December
4.2: Response to Public Comments 2 weeks Early January 20255
4.3: Final IS/MND and Notice of Determination 1 week Mid-January Task 5.0: Project Management and Meetings
5.1: Project Management Ongoing —
5.2: Meetings, Public Workshops, and Public Hearings
Staff Coordination Meetings Up to 6 As needed
Public Workshops 2 days To be determined
Planning Commission Public Hearing 1 day January 2025
City Council Public Hearing 1 day February 2025
TOTAL 7 months
1 Date to first delivery.
2 Requires trip generation data from Task 2.4 and therefore may not commence until trip generation data are compiled. 3 Four weeks from receipt of all required project materials and City consultation under Senate Bill 18 and Assembly Bill 52. 4 Concurrent with completion of Task 3.1.
5 Schedule includes holiday office closures.
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4. Cost Proposal
LSA proposes to complete the technical studies and Initial Study/Mitigated Negative Declaration as outlined in the s cope of work for $81,400. See Appendix B for details. Prior to the initiation of any work effort, LSA will confirm the necessity and scope of any technical memoranda/study to firmly establish the final contract amount with the City.
TASK COST1
Task 1.0: Project Initiation
1.1: Project Kick-Off Meeting $575
1.2: Project Description $2,250
SUBTOTAL TASK 1.0 $2,825
Task 2.0: Technical Studies
2.1: Arborist Report $9,900
2.2: Architectural History Assessment $9,600
2.3: Noise and Vibration Assessment $5,000
2.4: Traffic Trip Generation and Vehicle Miles Traveled Assessment $3,500
2.5: Air Quality, Greenhouse Gas, and Energy Assessment $7,000 SUBTOTAL TASK 2.0 $35,000
Task 3.0: Initial Study
3.1: Draft Initial Study $20,910
3.2: Mitigation Monitoring and Reporting Program $780
SUBTOTAL TASK 3.0 $21,690
Task 4.0: Mitigated Negative Declaration
4.1: IS/MND Public Review Materials $4,650
4.2: Response to Public Comments $3,825
4.3: Final IS/MND and NOD $3,110
SUBTOTAL TASK 4.0 $11,585
Task 5.0: Project Management and Meetings
5.1: Project Management $4,900
5.2: Meetings, Public Workshops, and Public Hearings $5,400 SUBTOTAL TASK 5.0 $10,300
TOTAL COST $81,400
1 Includes up to $1, 220 in reimbursable expenses (e.g., mileage, printing, shipping, and noise monitoring equipment). Refer to Appendix B.
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Hourly Rates
STAFF NAME TITLE BILLING RATE
Kyle Simpson Principal Environmental Planner $235
Dionisios Glentis Associate Environmental Planner $195
Ambarish Mukherjee, PE, AICP Principal Transportation Planner $295 Stanley Spencer, Ph.D. Associate Biologist, Botanist, Certified Arborist $160 Casey Tibbet Associate Historian/Architectural Historian $190 Jason Lui Certified Noise Specialist $190
Ron Brugger Senior Air Quality Specialist $180
5. References
Please find below LSA’s references from recent clients from similar projects . LSA encourages you to contact our references regarding any questions concerning the services LSA provides.
REFERENCE CONTACTS
Joshua Winter, Senior Planner
City of Upland
[email protected]
(909) 931-4143
Michael P. Diaz, Director of Community Development
City of Montclair
[email protected]
(909) 625-9432
Rina Leung, Senior Planner
City of Fontana
[email protected]
(909) 350-6566
Orlando Hernandez, Deputy Community Development Director City of Menifee
[email protected]
(951) 723-3737
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Appendix A: Resumes
KYLE T. SIMPSON
PRINCIPAL ENVIRONMENTAL PLANNER
ROLE: PRINCIPAL IN CHARGE
1 PROFESSIONAL RESPONSIBILITIES
Mr. Simpson is a CEQA and NEPA practitioner and project manager with over 16 years of experience. He has served as project manager or key staff on over 70 projects in Northern California and the Central Valley. He has extensive experience with project -level analysis for mixed -use development, school facilities, public facilities, and open space/recreational facilities. His responsibilities at LSA include project management and preparation of CEQA/ NEPA documents.
PROJECT EXPERIENCE
City of Clovis, Heritage Grove Specific Plan EIR
Clovis, Fresno County, California
Mr. Simpson is currently managing the preparation of an EIR for the Heritage Grove Specific Plan, which would include residential, retail, commercial, park, and public facility uses within a n 881-acre area currently located within the Sphere of Influence of the City of Clovis. Implementation of the Specific Plan would result in over 8,500 residential units, 600,000 square feet of retail uses, and nearly 800,000 square feet of commercial uses. Currently in the preparation phase, the program -level EIR will include a detailed transportation analysis, as well as technical studies to address air quality and greenhouse gases, to address potential impacts occurring as specific projects are developed during buildout of the Specific Plan.
City of Clovis, Tract Map 6343 EIR
Clovis, Fresno County, California
Mr. Simpson is currently managing the preparation of the Tract Map 6343 EIR, a project that proposes the annexation of 246 acres from Fresno County to the City of Clovis, and the development of 590 residential units within an approximately 72-acre project site. Mr. Simpson is overseeing the preparation of a detailed transportation analysis, along with technical studies analyzing potential environmental impacts to agricultural resources, air quality, biological resources, cultural resources, and greenhouse gases.
City of Clovis, Heritage Grove Official Plan Lines
Clovis, Fresno County, California
Mr. Simpson prepared an Addendum to the City of Clovis General Plan EIR to identify any potential environmental impacts that could occur through the establishment of Official Plan Lines for North Clovis Avenue, East Copper Avenue, East Behymer Avenue, East International Avenue, and North Minnewawa Avenue. In 2019, Mr. Simpson prepared a separate Addendum to the City of Clovis General Plan EIR focusing only on a segment of North Clovis Avenue.
City of Livermore, Downtown Specific Plan Amendment CEQA Addendum Livermore, Alameda County, California
Mr. Simpson managed the CEQA documentation for a mixed -use project located within the boundaries of the Downtown Specific Plan. Using the Specific Plan EIR, LSA prepared an Addendum to the Final EIR, supported by technical analyses. The proposed project will contain residential and commercial uses.
EXPERTISE
• CEQA Project Management
• Environmental Planning and
Impact Analysis
• Land Use Planning and
Development
EDUCATION
B.S., Political Science, Santa
Clara University, 2003
PROFESSIONAL
EXPERIENCE
Principal, LSA, Clovis,
California, 2017–Present
Senior Associate, PlaceWorks,
Clovis, California, 2006–2017
Project Coordinator,
Springboard Forward,
Mountain View, California,
2005–2006
South Bay Program
Coordinator, Greenbelt
Alliance, San Jose, California,
2004
PROFESSIONAL
AFFILIATIONS
Association of Environmental
Professionals (AEP)
KYLE T. SIMPSON
PRINCIPAL ENVIRONMENTAL PLANNER
ROLE: PRINCIPAL IN CHARGE
2 City of Merced, Merced Mall Expansion Project IS/MND
Merced, Merced County, California
Mr. Simpson managed the CEQA documentation for the proposed increase of leasable retail area and construction of a new movie theater at one of two possible locations within the project site. To support the CEQA analysis, LSA prepared a stand-alone Transportation Impact Analysis and a stand-alone cultural resources study, the results of which will be incorporated into the Initial Study analysis.
City of Hayward, 2695 W. Winton Avenue Industrial Project IS/MND Hayward, Alameda County, California
Mr. Simpson managed the preparation of the CEQA document for a light industrial use project with a floor area of approximately 507,500 square feet . The building would comprise 491,000 square feet of industrial warehouse; 10,000 square feet of office space; and 6,500 square feet of mezzanine/office space.
City of Clovis, Dog Park Master Plan IS/MND
Clovis, Fresno County, California
Mr. Simpson managed the preparation of the Dog Park Master Plan IS/MND for the construction and implementation of the citywide Dog Park Master Plan intended to serve as a planning policy document that establishes best practices, design standards, and planning recommendations for a network of potential dog parks. The IS/MND evaluated the potential short- term environmental impacts resulting from constru ction of the dog parks, as well as potential long-term operational impacts resulting from park usage and maintenance.
City of Berkeley, 1110 University Avenue IS/MND and Planning Services Berkeley, Alameda County, California
Mr. Simpson managed the CEQA documentation and provided staff support for a mixed -use project located along a busy thoroughfare. He also prepared the Zoning Adjustments Board staff report and attended City meetings related to the project.
City of Madera, Village D Specific Plan EIR
Madera, Madera County, California
Mr. Simpson managed a major EIR for the City of Madera that evaluated the development of a new compact mixed-use community that extends the City of Madera’s existing urban fabric, creates walkable and bikeable streets, and integrates open space throughout the area east of the c ity limits. The EIR analyzed how implementation of the Specific Plan could result in environmental impacts, and where applicable, how those potential impacts could be reduced. To do this, both program-level and project-level analyses were used in the EIR to address potential impacts occurring as specific projects are developed during buildout of the Specific Plan.
City of Fresno, General Plan EIR Update
Fresno, Fresno County, California
Mr. Simpson managed the preparation of the update of the City’s General Plan Master EIR to a Program EIR in order for it to be in conformance with State law and to be consistent with recent legislative changes. The intent of the update was to streamline implementation of the General Plan by supporting the General Plan’s programs and projects with updated environmental analysis, regulatory framework, and mitigation measures pursuant to CEQA. Key components included an air quality analysis and health risk assessment, updating the City’s Greenhouse Gas Reduction Plan, and transportation and vehicle miles traveled analyses.
DIONISIOS GLENTIS
ASSOCIATE ENVIRONMENTAL PLANNER
ROLE: PROJECT MANAGER
1 PROFESSIONAL RESPONSIBILITIES
Mr. Glentis has 18 years of environmental consulting experience and 15 years of progressive responsibility managing projects for compliance with CEQA and NEPA.
Mr. Glentis specializes in environmental planning, cultural resources management, and construction site compliance. As an archaeologist and planner, he has authored, reviewed, and implemented hundreds of environmental compliance documents that include Proponent’s Environmental Assessments, Initial Studies/ Mitigated Negative Declarations, Environmental Impact Reports/Statements, Section 4(f) Evaluations, Water Quality Assessment Reports, Worker Environmental Awareness Programs, Mitigation Monitoring and Repo rting Programs, Phase I/Class III Cultural Resources Inventories, and Phase II Archaeological Testing and Evaluation Reports.
Mr. Glentis has managed multiple projects ranging in size and scope from multiyear licensing projects to short -term projects constructed under rapid schedules. He has collaborated effectively with local, State, and federal agencies (e.g., Cities of La Verne, Fontana, Murrieta, and Riverside, Caltrans, California Public Utilities Commission, and U.S. Army Corps of Engineers) and planning/engineering/construction teams to successfully execute over 1,000 projects pursuant to CEQA and NEPA.
PROJECT EXPERIENCE
City of La Verne, Brethren Hillcrest Homes Master Plan Update Project La Verne, Los Angeles County, California
Mr. Glentis served as Project Manager and author of an IS/MND to update the Brethren Hillcrest Homes Master Plan. The Master Plan Update includes construction of 14 additional attached and detached single-family homes with common area landscaping on 1.7 acres. The project requires an update to Neighborhood 6 of the Master Plan, a Zone Change, General Plan Amendment, Roadway Vacation, Parcel Merger, Precise Plan Review, and Tree Removal Application. Mr. Glentis coordinated the preparation of technical studies (air quality, cultural resources, arboriculture, greenhouse gas, noise, and transportation) as part of the project. Specific issues addressed i nclude architectural history , tree removal and preservation, noise, hazards and hazardous materials, and tribal cultural resources. The La Verne Planning Commission and City Council approved the IS/MND in January 2020 and February 2020, respectively.
City of La Verne, Brandywine Homes Residential Development Project La Verne, Los Angeles County, California
Mr. Glentis served as P roject Manager and author of an IS/MND for the development of 50 attached townhomes on a 2.26 -acre infill site, as well as eight single -family affordable housing units on 0.70 acre on a separate property in the c ity in conjunction with, and as a condition of, the 50- townhome development. Mr. Glentis also managed the preparation of supporting technical studies for transportation, air quality/greenhouse gas,
EXPERTISE
• CEQA and NEPA Analyses
• Construction Site Compliance
• Mitigation Monitoring and
Reporting Programs
• Worker Environmental
Awareness Programs
• Cultural Resources
Management
EDUCATION
B.A., Anthropology (Magna
Cum Laude), Minor in
Business Administration,
California State University,
San Bernardino, 2005
Certificate of
Ethnomusicology, University
of California, Irvine, 2004
PROFESSIONAL
EXPERIENCE
Associate/Senior
Environmental Planner, LSA,
Riverside, California,
November 2015–Present
Professional Environmental
Consulting, Emphasis on
Cultural Resources, 2005–
Present
DIONISIOS GLENTIS
ASSOCIATE ENVIRONMENTAL PLANNER
ROLE: PROJECT MANAGER
2 noise, architectural history and archaeological resources, and biological resources and arboriculture, as well as peer review of Phase I and II Environmental Site Assessment reports prepared by the project applicant. The project is located within the Brackett Airport Land Use Compatibility Plan and includes a General Plan Amendment, two Specific Plan Amendments, and a Zone Change. Specific issues addressed in the IS/MND included air quality and greenhouse gas emissions, biological resources, tree removal and preservation, historic architecture, airport land use compatibility, hazardous materials, transportation level of service, noise, utilities, public services, and cumulative impacts. The La Verne Planning C ommission and City Council approved the IS/MND in September 2021 and October 2021, respectively.
City of La Verne, Damien High School Master Plan Update Project La Verne, Los Angeles County, California
Mr. Glentis serve d as Project Manager and author of the IS/MND to update the Damien High School Master Plan. The Master Plan buildout is anticipated over a 10 -year period and would include the construction of a student center, a chapel, a science building, and a performing arts studio totaling approximately 73,000 square feet of new building area within three phases of development on 25.8 acres. Mr. Glentis coordinated the preparation of supporting technical studies (air quality, cultural resources, greenhouse gas, noise, and traf fic) as part of the project. Specific issues addressed include historic properties, noise, air quality, traffic, and hazards and hazardous materials. The La Verne Planning Commission and City Council approved the IS/MND in April 2019 and May 2019, respectively.
City of Claremont, Claremont Commons Specific Plan EIR
Claremont, Los Angeles County, California
Mr. Glentis served as a contributing author of the EIR for the development of 27 single -family homes, 68 townhomes, and 5,000 square feet of commercial uses with 10 second-story residential flats on 9.5 acres in the cities of Claremont and Upland, Los Angeles and San Bernardino Counties. The project is located within the Cable Airport Land Use Compatibility Plan and includes an amendment to the Claremont General Plan and a Zone Change to accommodate the proposed development.
City of Hemet, Rancho Diamante Phase II Specific Plan Amendment Hemet, Riverside County, California
Mr. Glentis serve d as Project Manager and author of the Subsequent EIR for the development of 586 single - family homes and 100,000 square feet of commercial uses within the Page Ranch Planned Community Development Area (Specific Plan) for the City of Hemet. The project is located within the Hemet-Ryan Airport Land Use Compatibility Plan and includes a General Plan Amendment, Specific Plan Amendment, and Zone Change. Specific issues addressed include air quality, biological resources, greenhouse gas emissions, airport land use compatibility, water quality and hydrology, land use and planning, noise, transportation, and utilities.
The Subsequent EIR was certified in June 2021.
City of Fontana, Monarch Hills Residential Project
Fontana, San Bernardino County, California
Mr. Glentis served as a contributing author of the EIR for a 489 -unit, five-neighborhood gated residential development on 136.4 acres north of I-15 along the foothills of the San Gabriel Mountains. The project included a General Plan Amendment and Zone Change to accommodate the proposed development, as well as the realignment of Lytle Creek Road and the Hawker -Crawford Flood Control Channel. Issues of concern included the project’s compliance with the North Fontana Conservation Program, the site’s proximity to a High Fire Severity Zone, and management of historical resources. The Fontana City Council certified the EIR in February 2019.
AMBARISH MUKHERJEE, PE, AICP
PRINCIPAL TRANSPORTATION PLANNER
ROLE: TRANSPORTATION TASK LEAD
1 PROFESSIONAL RESPONSIBILITIES
As a Principal and Senior Transportation Planner at LSA’s Riverside office, Mr. Mukherjee specializes in travel demand modeling and public infrastructure projects, and he conducts traffic impact analyses (TIAs) for a wide variety of large and small projects including transit projects, residential development, mixed -use development, commercial and office projects, parking structures, roadway and circulation improvements, and General Plans and Specific Plans. He is currently in charge of LSA’s Riverside Office Transportation Group. Prior to joining LSA, he worked with the Fort Worth Transportation Authority as a Transit Planner.
PROJECT EXPERIENCE
City of La Verne, Fruit Street and Walnut Street CEQA Analysis La Verne, Los Angeles County, California
Mr. Mukherjee served as Transportation Task Manager . Mr. Mukherjee prepared a TIA to evaluate project- related LOS issues and a vehicle miles traveled analysis.
City of La Verne, Brethren Hillcrest Homes Master Plan Update Project La Verne, Los Angeles County, California
Mr. Mukherjee served as Principa l Transportation Planner. The Master Plan Update includes construction of 14 additional attached and detached single-family homes with common area landscaping on 1.7 acres. The project requires an update to Neighborhood 6 of the Master Plan, a Zone Change, General Plan Amendment, Roadway Vacation, Parcel Merger, Precise Plan Review, and Tree Removal Application.
City of Long Beach, Globemaster Corridor Specific Plan Vehicle Miles Traveled (VMT) Analysis
Long Beach, Los Angeles County, California
Mr. Mukherjee was the P roject Manager in charge of preparing a VMT analysis for the Globemaster Corridor Specific Plan (GCSP) Project in Long Beach. The GCSP provides the planning and regulatory framework for guiding future development and attracting quality jobs to the approximately 432.12-acre GCSP area located adjacent to the Long Beach Airport, Interstate 405, and the surrounding residential and business community. The regional (City) VMT per capita for both the base (2012) and future (2040) model scenarios were obtained from the SCAG RTP model runs. The existing (2019) VMT per capita was developed by interpolating between base and future year VMT data obtained from the SCAG RTP model. Project select zone model runs were utilized to develop the project VMT. The project VMT per capita was calculated for both base (2012) and future (2040) model scenarios. The existing (2018) project VMT per capita was developed by interpolating between the base and future year VMT per capita for the project.
City of Adelanto, Adelanto Towne Center
Adelanto, San Bernardino County, California
Mr. Mukherjee prepared a TIA to assess the potential circulation impacts associated with the proposed development of the Adelanto Towne Center.
EXPERTISE
• Traffic Impact Studies
• Pedestrian & Bicycle Planning
• Transit Routing
• Goods Movement
• Transportation Funds & Grants
Management
• GIS Analysis
• Statistical & Analytical Research
EDUCATION
Master of City and Regional
Planning with concentration in
Transportation and Land Use
Planning, and GIS, University of
Texas at Arlington, Texas, 2005
Bachelor of Architecture
(Honors), Indian Institute of
Technology, Kharagpur, India,
2003
PROFESSIONAL
EXPERIENCE
Principal/Senior Transportation
Planner, LSA, Riverside,
California, 2006–Present
Service Planner I, Fort Worth
Transportation Authority, Fort
Worth, Texas, 2005
PROFESSIONAL
CERTIFICATIONS/
REGISTRATIONS
Professional Engineer (California
C88084)
American Institute of Certified
Planners (AICP): Membership
Number 023158
AMBARISH MUKHERJEE, PE, AICP
PRINCIPAL TRANSPORTATION PLANNER
ROLE: TRANSPORTATION TASK LEAD
2 The project consisted of approximately 606,000 square feet of retail uses, which included a 183,600 -square- foot Target store on a site located on the southwest corner of the intersection of U.S. Highway 395 and Mojave Drive. The project was proposed to be completed in two phases , and the TIA included the analysis of 46 intersections.
City of Upland, Citrus Industrial District
Upland, San Bernardino County, California
Mr. Mukherjee coordinated the preparation of a TIA to assess the potential circulation impacts associated with the proposed development of the Citrus Industrial District mixed -use infill development project located on the north side of Eighth Street, east of Euclid Avenue, and west of Campus Avenue. The project lies within the historic conservation district of the City of Upland. It consisted of 732 residential condominiums and 29,000 square feet of commercial space to be built in two phases. Mr. Mukherjee coordinated with the City of Upland to recommend appropriate zoning changes and proposed modifications to the City’s General Plan land use and circulation elements. The TIA included the analysis of 14 intersections and analysis of pedestrian traffic on adjacent roadways due to the proposed development. Mr. Mukherjee analyzed various access issues, which included sight distance analysis and queuing analysis at project driveways based on American Association of State Highway Transportation Officials guidelines.
City of Highland, Harmony Specific Plan
Highland, San Bernardino County, California
Mr. Mukherjee was the primary modeler for the preparation of a TIA for the Harmony Specific Plan. The Specific Plan included approximately 3,800 single -family residences, associated public infrastructure, an elementary school, and various retail pads. The primary objective of the analysis was to define a circulation system that supported the development anticipated in the Specific Plan and identification and implementation of transportation mitigation. As part of this project, Mr. Mukherjee developed a sub-area model for the City of Highland and incorporated multiple project alternatives into the model, which aided in preparation of the Circulation Needs Assessment for the project.
City of Laguna Niguel, Laguna Niguel Town Center Modeling and VMT Analysis Laguna Niguel, Orange County, California
Mr. Mukherjee was the Project Manager and prepared a VMT analysis using the Orange County Traffic Analysis Model (OCTAM) for a mixed-use development that consists of 275 multifamily dwelling units, 54,410 square feet of office use, and 79,920 square feet of retail uses. Three separate select zone runs were created to separate out the VMT for the three different land uses. As part of this analysis, the project was compared to the regional VMT obtained from OCTAM.
Monarch Hills Residential Development EIR
Fontana, San Bernardino County, California
Mr. Mukherjee served as T ask Manager for preparing the TIA for this project. LSA prepared an EIR and technical studies for a residential development consisting of five gated residential neighborhoods, two private parks, a private recreation building and pool, trails, and water quality basins on 136.4 acres located at the northeast corner of Lytle Creek Road and Duncan Canyon Road. Included in the project was a General Plan Amendment and Zone Change to accommodate the proposed development. The undeveloped site is located within the City of Fontana’s High Fire Severity Zone. The project also included the relocation of Lytle Creek Road and the San Bernardino County Hawker -Crawford Flood Control Channel. Issues of high concern include the project’s compliance with the City’s North Fontana Conservation Program. The EIR was certified and the project approved in February 2019.
STANLEY C. SPENCER, Ph.D.
ASSOCIATE BIOLOGIST, BOTANIST, CERTIFIED ARBORIST
ROLE: BIOLOGY TASK LEAD
1 PROFESSIONAL RESPONSIBILITIES
As the certified arborist and botanical specialist for LSA’s Riverside office, Dr. Spencer is primarily responsible for arborist reports, rare plant surveys, floristic inventories, vegetation mapping, and vernal pool assessments and mapping. Additional responsibilities include wetland delineations, biological resources assessments, habitat suitability assessments, and focused sensitive insect, fairy shrimp, reptile, bird, and mammal species surveys.
General biological resources assessments have included biological/wetland evaluations at macrocell communication sites throughout Southern California and Southern Nevada; writing of the Biological portion of the Existing Settings report for the Riverside County General Plan; and habitat assessments, surveys, and technical reports for Riverside County’s Community Environmental and Transportation Acceptability Program and Mid County Parkway Project. Dr. Spencer has conducted focused plant and animal surveys for over 100 projects throughout Southern California. Animal survey species have included Palm Springs round- tailed ground squirrel, California gnatcatcher, least Bell’s vireo, burrowing owl, Coachella Valley fringe -toed lizard, desert tortoise, Delhi sands flower- loving fly, Quino checker spot butterfly, Crotch bumble bee, tiger beetles, and sensitive fairy shrimp species.
Prior to his employment with LSA, Dr. Spencer assisted the United States Geological Survey as a consultant in botanical studies in N orthern Arizona.
While at the Claremont Graduate University, Dr. Spencer studied vernal pool ecosystems, flora of the western Mojave Desert, and the plant genus Navarretia.
PROJECT EXPERIENCE
City of La Verne, Brethren Hillcrest Homes Master Plan Update La Verne, California
Dr. Spencer provided an arborist report and reviewed mitigation measures for protected trees on the project site.
City of Fontana, Fontana Garden Senior Housing Complex
Fontana, California
Dr. Spencer conducted habitat assessments and a general biological study for this housing project.
City of Fontana, Mango Villas
Fontana, California
Dr. Spencer conducted habitat assessments, a general biological study, and a tree inventory for compliance with the City of Fontana’s tree ordinance.
Town of Apple Valley, Apple Valley Residential
San Bernardino County, California
Dr. Spencer assisted with an inventory of over 800 Joshua trees, Mohave yuccas, and chollas on this 249- acre residential development site for compliance with California’s Desert Native Plants Act.
EXPERTISE
• Sensitive Species Habitat
Suitability Assessments
• Sensitive Species Focused
Surveys
• Biological Resources
Assessments
• Tree Inventories and
Assessments
• Botanical Inventories
• Vegetation Mapping
• Wetland Delineations
EDUCATION
Ph.D., Botany, Claremont
Graduate University,
Claremont, California, 1997
B.S., Botany (Cum Laude),
Brigham Young University,
Provo, Utah, 1991
PROFESSIONAL
EXPERIENCE
Associate/Senior Biologist/
Botanist, LSA, Riverside,
California, 1999–Present
Research Associate, University
of Maryland, Smithsonian
Institution, 1996–1998
Research Associate, Rancho
Santa Ana Botanic Garden,
1991–1996
PROFESSIONAL
CERTIFICATIONS/
REGISTRATIONS
International Society of
Arboriculture, Certified
Arborist, No. WE-9358A
STANLEY C. SPENCER, Ph.D.
ASSOCIATE BIOLOGIST, BOTANIST, CERTIFIED ARBORIST
ROLE: BIOLOGY TASK LEAD
2 A Natural High, Inc., Rancho Esqui Lago Estates
San Diego, California
Dr. Spencer conducted a focused Quino checkerspot butterfly survey for this residential development project.
Woodcrest Homes, Inc., Stonecrest
San Diego County (Ramona Area), California
Dr. Spencer conducted focused Quino checkerspot butterfly surveys for this residential development project.
City of Upland, Upland Hills Country Club Residential Project Upland, California
Dr. Spencer conducted an arborist study for this residential project, including identification, mapping, measuring, and assessing the health of 359 ornamental trees on an active golf course.
City of Fontana, Fire Station No. 73
Fontana, California
As a certified arborist, Dr. Spencer conducted a health assessment on a protected tree to assess suitability for transplanting.
Tehachapi Renewable Transmission Project
Los Angeles and Kern Counties, California
Dr. Spencer was the principal botanist for the focused plant surveys for the biological surveys and construction monitoring for this Southern California Edison 80 -linear mile (three segments) 500 -kilovolt transmission line project. He also assisted with surveys for desert tortoise and American badger, and with construction monitoring.
Caltrans, I-710 Corridor
Los Angeles County, California
Dr. Spencer conducted habitat assessments and surveys for rare plant species and assisted with a wetland delineation along I-710.
Caltrans District 7, On-Call Environmental Services
Los Angeles County, California
Dr. Spencer conducted a focused survey for sensitive tiger beetle species within coastal habitat at the SR-103/SR-1 interchange.
SCE On-Call Services
Kern, Los Angeles, Tulare, San Bernardino, and Riverside Counties, California Dr. Spencer conducted habitat assessments, focused sensitive species surveys, pre -construction surveys, and construction monitoring at deteriorated pole replacement sites.
Jurupa Ranch Industrial Use Project
Fontana, California
Dr. Spencer assisted with a tree inventory and assessment on this 40-acre development site for compliance with the City of Fontana’s tree ordinance. Assessments were conducted for 397 trees.
City of Fontana, Lake Creek Industrial Boyle West Warehouse Project and the Lake Creek Industrial Boyle East Warehouse
Fontana, California
Dr. Spencer conducted an inventory of 97 trees and arborist evaluation of 21 Heritage Trees for compliance with the City of Fontana’s tree ordinance.
CASEY TIBBET
ASSOCIATE HISTORIAN / ARCHITECTURAL HISTORIAN
ROLE: CULTURAL RESOURCES TASK LEAD
1 PROFESSIONAL RESPONSIBILITIES
Ms. Tibbet has been practicing architectural history in S outhern California since 1997, first as part of her responsibilities as a city planner and later (2005) as a full-time architectural historian. She meets the Secretary of the Interior’s Professional Qualification Standards as a Historian and Architectural Historian and has extensive experience with field recording/survey work; historic research; oral intervi ews; and preparation of historic context statements, significance evaluations, DPR 523 forms, and cultural resources reports in compliance with CEQA and NEPA regulations, Caltrans requirements for CEQA and NEPA, and USACE requirements for NEPA . She has also written cultural resources ordinances. Ms. Tibbet has worked as the on -call preservation consultant for various cities and has surveyed and evaluated thousands of built environment resources including water conveyance systems, railroad lines, roadways, fairgrounds, and buildings in rural and urban settings and has authored or contributed to hundreds of cultural resources reports. As a city planner, s he was responsible for completion of Community Development Block Grant environmental reviews in compliance with HUD, NEPA, and Section 106 requirements.
Ms. Tibbet’s 13 years of experience as a city planner for the City of Riverside also included processing of development applications and code amendments per CEQA regulations; EIR and EIS reviews; preparation of specific plans and the Housing Element; and participation in numerous planning- related special projects committees involving a wide variety of stakeholders. She also has considerable public counter experience.
PROJECT EXPERIENCE
Catholic Archdiocese, Damien High School Master Plan Mitigated Negative Declaration
La Verne, Los Angeles County, California
LSA prepared an Initial Study in support of an MND to update the Damien High School Master Plan. LSA also prepared supporting technical studies in the fields of air quality and greenhouse gas emissions, cultural resources, noise and vibration, and traffic as part of the project. The school was previously evaluated as historically significant; therefore, Ms. Tibbet reviewed the preliminary conceptual site plan and building designs and completed an Impacts Assessment using the Secretary of the Interior’s Stan dards for the Treatment of Historic Properties (Rehabilitation).
National Community Renaissance, La Sierra (Affordable Housing) Apartments
Riverside, Riverside County, California
Ms. Tibbet conducted the archival research and intensive -level field surveys and evaluated several historic-period properties in compliance with CEQA for this proposed affordable housing development. One building was evaluated as significant under the City ’s preservation ordinance as a good example of Mid-Century Modern architecture as applied to a commercial property.
EXPERTISE
• Project Management
• Historic Preservation Planning
• Field Survey/Recording
• Historic Research
• CEQA/NEPA Evaluations and
Compliance
• Caltrans Compliance
• USACE Compliance
• Findings of Effect
• National Register Nominations
• Historic Preservation
Certification Part 1 and 2 Tax
Credit Applications
• City Planning
EDUCATION
M.A., History (Historic
Preservation), University of
California, Riverside, 2005
B.A., Political Science,
University of California,
Riverside, 1987
PROFESSIONAL
EXPERIENCE
Associate and Cultural
Resources Group Leader, LSA,
Riverside, California, 2005–
Present
Historian/Architectural
Historian, CRM TECH,
Riverside, California, 2003–
2005
Associate Planner, City of
Riverside, Riverside,
California, 1990–2003
CASEY TIBBET
ASSOCIATE HISTORIAN / ARCHITECTURAL HISTORIAN
ROLE: CULTURAL RESOURCES TASK LEAD
2 LND Management, Inc., Historic Resources Assessment, Huntley Drive Properties West Hollywood, Los Angeles County, California
Ms. Tibbet was the Project Manager for the historic resources assessment of three multifamily properties, each developed with two one-story buildings. The assessment included archival research, field surveys, significance evaluations using the California Register of Historical Resources and local criteria, and preparation of DPR 523 forms and the historic resources assessment report. The report was completed in compliance with CEQA.
Integrity Housing, The Commons Commercial Historic Restoration & Residential Project Riverside, Riverside County, California
LSA prepared a cultural resources assessment for the proposed adaptive reuse of a historically significant gas station building as a restaurant, construction of a new building, parking, and outdoor dining areas on the gas station property, and development of the adjacent vacant area with two five -story multifamily buildings and related parking. The project area is within the Downtown Specific Plan and is adjacent to the locally designated Heritage Square Historic District. Ms. Tibbet completed an Impacts Assessment for the adaptive re use project using the Secretary of the Interior’s Standards for the Treatment of Historic Properties and assessed potential impacts to the historic district from the proposed new construction.
City of Fontana, Transwestern Boyle Avenue Buildings
Fontana, San Bernardino County, California
Ms. Tibbet completed archival research, an intensive -level field survey, and documentation and evaluation of two historic-period buildings in the project area. The project was completed in compliance with CEQA as part of the City’s environmental review process.
City of Whittier, Residential Historic Resources Surveys Whittier, Los Angeles County, California
In partnership with Chattel Architecture, Planning, and Preservation, Inc. , LSA completed two intensive -level surveys of 1,540 historic- period residential properties in Whittier. The team photographed the properties, prepared descriptions for the properties, and conducted property- specific research on intact properties that appeared to be significant. Each of the surveyed properties was documented and evaluated under the provisions of Section 106, CEQA, and the City of Whittier Historic Resources Ordinance. California Historical Resources status codes were assigned to each property according to level of significance. In addition, the team updated the City’s historic contex t statement. A survey report was prepared that included project methodology and results, regulatory information, a historic context, evaluation criteria, recommendations, tables, and DPR forms.
City of Redlands Safety Hall and Courthouse Demolition
Redlands, San Bernardino County, California
Under contract to the City of Redlands, LSA prepared an IS/MND and technical studies for the demolition of the on-site Safety Hall and Courthouse buildings located at 212 and 216 Brookside Avenue , respectively, and General Plan and Zoning amendments to facilitate future development. As part of this process, Ms. Tibbet co - authored the cultural resources assessment and evaluated the property for historical significance using the California Register of Historical Resources and local criteria.
Various, Documentation Process
Arcadia, Los Angeles County, California
Ms. Tibbet is responsible for supervising the field surveys and property -specific research for documentation of properties in Arcadia that are proposed for demolition. These projects are sponsored by private clients, but documentation is required by the City for compliance with CEQA. As part of this process, LSA reviews the 2016 Citywide Historic Resources Survey and prepares DPR Primary Records, Building, Structure, and Object Records, and Location Maps, as well as a cover memorandum for each property proposed for demolition. When appropriate, LSA also makes recommendations.
RONALD T. BRUGGER
SENIOR AIR QUALITY SPECIALIST
ROLE: AIR QUALITY TASK LEAD
1 PROFESSIONAL RESPONSIBILITIES
Mr. Brugger is a Senior Air Quality and Health Risk Specialist at LSA with over 32 years of experience conducting air quality, climate change, and health risk studies for CEQA and NEPA as well as environmental compliance with California and federal air quality regulations. He has provided expert testimony at public hearings in addition to providing third- party review of environmental documents in support of local governments and environmental attorneys. His direct experience with all industry -standard environmental models ensures a thorough analysis using the best analysis methodology.
Mr. Brugger is extremely proficient conducting air pollutant emissions inventories, air pollutant dispersion modeling, health risk assessments, conformity/consistency analyses, and global climate change analyses for high profile and highly contentious projects. He is experienced with numerous air quality emissions inventory and air pollutant dispersion models ( e.g., AERMOD, AERSCREEN, HARP2, CalEEMod, EMFAC, CT-EMFAC, CAL-CET). He contributes energy efficiency, sustainability, and global climate change impact analysis expertise to development of the Energy and Sustainability environmental sections of documentation for residential, commercial, and industrial development projects a s well as roadway improvement projects.
Mr. Brugger has conducted many quantitative he alth risk assessments of project emissions of toxic air contaminants and the health risks to nearby residents and other sensitive receptors.
PROJECT EXPERIENCE
WRT, LLC, Folsom State Recreation Area Project
Folsom, California
Mr. Brugger conducted air quality modeling of emissions from construction operations, including equipment, fugitive dust, and architectural coatings, and long-term operations, including a health risk assessment and a CO hot -spot analysis. He also incorporated all the modeling results in an air quality impact study that discussed existing conditions, applicable regulations, project impacts, cumulative impacts, and mitigation measures.
BPI Brea LLC, Brea Plaza Mixed-Use Project
Brea, California
Mr. Brugger served as Project Manager for this project, overseeing the preparation of air quality and noise technical reports. Mr. Brugger prepared the air quality/GHG technical study and an energy impact study for the project, which includes the development of a building for residential and retail uses in Brea. The analysis included CalEEMod modeling of construction and operational emissions of criteria pollutants and GHGs. Mr. Brugger also conducted a localized significance threshold analysis.
Shea Homes, Alton/Murphy Condos Project
Irvine, California
Mr. Brugger conducted air quality modeling of emissions from construction operations, including equipment, fugitive dust, and architectural coatings, and long-term operations, including a health risk assessment and a CO hot -spot analysis. He also incorporated all the modeling results in an air quality impact
EXPERTISE
• Air Quality, GHG, and Energy
Analyses, Human Health Risk
Assessment
• Air Dispersion Modeling
• Noise Modeling
• Regulatory Analysis
EDUCATION
B.S., Mechanical Engineering,
University of Wisconsin,
Madison, 1983
PROFESSIONAL
EXPERIENCE
Senior Air Quality and Health
Risk Specialist, LSA, Irvine,
California, 2003–Present
Air Quality and Health Risk
Specialist, TRC Companies,
Inc., Southern California,
1992–2003
Senior Software Engineer,
BDM International, Inc.,
Southern California, 1985–
1992
Missile Systems Analyst and
Systems Expert, Fleet Analysis
Center, Department of the
Navy, Southern California,
1983–1985
SPECIALIZED
TRAINING
Air Dispersion Modeling
Workshop and AERMOD
Course, Lakes Environmental,
2016, 2007
RONALD T. BRUGGER
SENIOR AIR QUALITY SPECIALIST
ROLE: AIR QUALITY TASK LEAD
2 study that discussed existing conditions, applicable regulations, project impacts, cumulative impacts, and mitigation measures.
City of Rolling Hills Estates, Peninsula Village Program Rolling Hills Estates, California
Mr. Brugger conducted air quality modeling of emissions from construction operations, including equipment, fugitive dust, and architectural coatings, and long-term operations, including a health risk assessment and a CO hot-spot analysis. He also incorporated all the modeling results in an air quality impact study that discussed existing conditions, applicable regulations, project impacts, cumulative impacts, and mitigation measures.
Rancho Las Flores Group, Inc., Rancho Las Flores Project Hesperia, California
Mr. Brugger conducted air quality modeling of emissions from construction operations, including equipment, fugitive dust, and architectural coatings, and long-term operations, including a health risk assessment and a CO hot-spot analysis. He also incorporated all the modeling results in an air quality impact study that discussed existing conditions, applicable regulations, project impacts, cumulative impacts, and mitigation measures.
Tri Pointe Homes, Countryside Residential Project
Menifee, California
Mr. Brugger conducted air quality modeling of emissions from construction operations, including equipment, fugitive dust, and architectural coatings, and long-term operations, including a health risk assessment and a CO hot-spot analysis. He also incorporated all the modeling results in an air quality impact study that discussed existing conditions, applicable regulations, project impacts, cumulative impacts, and mitigation measures.
Koleman Real Estate Companies, LLC, Kilroy Residential Project Irvine, California
Mr. Brugger conducted air quality modeling of emissions from construction operations, including equipment, fugitive dust, and architectural coatings, and long-term operations, including a health risk assessment and a CO hot-spot analysis. He also incorporated all the modeling results in an air quality impact study that discussed existing conditions, applicable regulations, project impacts, cumulative impacts, and mitigation measures.
Laing Homes, La Habra Homes Project
La Habra, California
Mr. Brugger conducted air quality modeling of emissions from construction operations, including equipment, fugitive dust, and architectural coatings, and long-term operations, including a health risk assessment and a CO hot-spot analysis. He also incorporated all the modeling results in an air quality impact study that discussed existing conditions, applicable regulations, project impacts, cumulative impacts, and mitigation measures.
The Madison Collection, Madison Courtyard Apartments Project Pasadena, California
Mr. Brugger served as Project Manager for this project, overseeing the preparation of air quality and noise technical reports. Mr. Brugger prepared the air quality/GHG technical study for the project, which includes the development of an apartment building in Pasadena. The analysis included CalEEMod modeling of construction and operational emissions of criteria pollutants and GHGs. Mr. Brugger also conducted a localized significance threshold analysis.
USA Multifamily Development, Lancaster 3 Residential Project Lancaster, California
Mr. Brugger prepared an air quality/GHG technical study for the Lancaster 3 Residential Project , a residential community that included 264 new apartment homes in Lancaster. The analysis included CalEEMod modeling of construction and operational emissions of criteria pollutants and GHGs. Mr. Brugger also conducted a localized significance threshold analysis.
JASON LUI
ASSOCIATE NOISE SPECIALIST
ROLE: NOISE TASK LEAD
1 PROFESSIONAL RESPONSIBILITIES
Mr. Lui is a n Associate/Senior Noise Specialist at LSA with over 20 years of experience in environmental studies, specializing in noise and vibration analysis. He is responsible for preparing noise and vibration studies in accordance with procedures specified by State and local guidelines, as well as protocols for a variety of commercial, residential, industrial, and transportation projects. He is proficient in the use of the Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model (FHWA RD-77- 108), Traffic Noise Model (TNM) 2.5 , MicroStation, and GIS. He is also responsible for conducting noise level measurements using a variety of Larson Davis sound level meters.
PROJECT EXPERIENCE
City of La Verne, Brethren Hillcrest Homes Master Plan Update Project La Verne, California
Mr. Lui prepared a Noise and Vibration Impact Analysis memorandum for the Brethren Hillcrest Homes Master Plan Update. The project would update the Brethren Hillcrest Homes (Hillcrest) Master Plan. Hillcrest consists of 229 residential homes and apartments, 48 assisted living units, 24 dementia beds, and 74 skilled nursing facility beds. The project includes development of 14 additional attached and detached single -family homes with common area landscaping on 1.7 acres . Each dwelling unit will be one story with two bedrooms, two baths, and a two-car garage built around a central courtyard.
City of La Verne, Brandywine Homes Project
La Verne, California
Mr. Lui prepar ed the Noise and Vibration Impact Analysis memorandum for the development of 50 attached, interlocking townhomes on 2.258 acres at 3717 Fruit Street and eight detached single-family affordable housing units on
0.702 acre at 1874, 1876, and 1878 Walnut Street. For the Fruit Street site, one single-family residential dwelling unit would be demolished.
City of La Verne, Damien High School Master Plan Update Project La Verne, California
Mr. Lui prepared a Noise and Vibration Impact Analysis report for the Damien High School Master Plan Update. The Master Plan Update would demolish the existing 5,972 -square-foot cafeteria facility, construct four new buildings totaling approximately 73,100 square feet of building space, and make several alterations to select hardscaped areas and parking lots ( a net increase of 67,128 s quare feet). The development was based on the need to fulfill a current demand for additional academic space and student services, as the high school is not projecting an increase in students or faculty throughout the life of the Master Plan.
Montclair Senior Living Project
Montclair, California
Mr. Lui prepar ed the noise section in the Initial Study/Mitigated Negative Declaration (IS/MND) for the Montclair Senior Living Project in Montclair . The project would construct an 84,000-square-foot, 140 -unit senior/assisted/memory care facility . The project included the demolition of 30,000 square feet of existing medical office space and the subsequent phased development of two three -story buildings. The project was unanimously approved and the IS/MND was adopted by the City in June 2019.
EXPERTISE
• Noise and Vibration Analysis
EDUCATION
M.S., Environmental Studies,
California State University,
Fullerton, 2014
B.A., Environmental Analysis
and Design, University of
California, Irvine, 2002
PROFESSIONAL
EXPERIENCE
Associate/Senior Noise
Specialist, LSA, Irvine,
California, September 2002–
Present
PROFESSIONAL
CERTIFICATIONS/
REGISTRATIONS
Environmental Management
Certification, University of
California, Irvine
Federal Highway
Administration Traffic Noise
Model 2.5, Bowlby &
Associates, Inc., Franklin,
Tennessee
JASON LUI
ASSOCIATE NOISE SPECIALIST
ROLE: NOISE TASK LEAD
2 Trammel Crow Residential, Alexan Montclair Project
Montclair, California
Mr. Lui prepared the Noise and Vibration Impact Analysis report for the Alexan Montclair Project in Montclair.
The project would construct 211 residential units on a 6.27-acre site and provide street access for the new development. The new lots would range in size from 0.57 to 1.91 acres, arranged around the “L”-shaped public street located roughly in the center of the site. The new public street would link to both Arrow Highway and Monte Vista Avenue. In addition, the project would include a 0.24-acre private park.
Trammel Crow Residential, Montclair Station Project
Montclair, California
Mr. Lui prepared the Noise and Vibration Impact Analysis report for the Montclair Station Project. The project would construct a 302-unit residential apartment, which would consist of three- and four-story buildings. There are a total of four different res idential building types and four different leasing/amenity building types with a mix of residential dwelling units ranging from studios to three-bedroom townhomes. The project would provide a total of 531 parking spaces and construct an average 6- foot-high retaining wall along the west project boundary and partially along the southern project boundary. In addition, the project would extend Huntington Drive from the intersection at Claremont Boulevard and construct a new intersection at Monte Vista Avenue/Richton Street to access the project site.
Trammel Crow Residential, Montclair Kendry Expansion Project Montclair, California
Mr. Lui prepared the Noise and Vibration Impact Analysis report for the Montclair Kendry Expansion Project.
The project would construct a four -story 137-unit residential project and would include amenities, a leasing office, and a one-story partially submerged parking garage with 240 parking spaces. Residential dwelling units range from studios to two-bedroom townhomes.
First Industrial, First Elm Logistics Warehouse Project Fontana, California
Mr. Lui prepared a Noise and Vibration Impact Analysis memorandum for the demolition of 2,090 (+/-) square feet of existing on -site residential structures along with gravel and pavement areas and the construction and operation of an approximately 85,219 -square-foot high-cube warehouse on 5.13 acres located at 10407 Elm Avenue in Fontana . The project includes 5,000 square feet of office uses split between the first and second floors.
City of Menifee, River Walk Village Project
Menifee, California
Mr. Lui prepared the Noise and Vibration Impact Analysis memorandum for the development of 198 detached single-family residential units and common areas. The residential units would consist of four two- story floor plans, ranging in size from 1,716 square feet (Plan 1) to 1,864 square feet (Plan 4). Each unit would include a two-car garage and private back yard space. Solar panels will be installed on every residence , and all house electrical panels will be sized to accommodate future electric charging units in the individual private garages (200-amp panels). The individual residence solar power systems will each have a DC rating of 4.10 kilowatts (KW), an AC rating of 2.80 KW, and an AC output current of 11.7 amps. The common area includes a 2,800- square-foot recreational building with a kitchenette and bathroom. Other common areas include a swimming pool and two tot lots on 14.31 gross acres. The recreation building will also be equipped with solar power generation to assist in common area electrical needs. Public electric vehicle charging stations will also be placed near the recreation building.
17 | Page
Appendix B: Cost Proposal Detail
7/22/2024
$235 $195 $135 $250 $180 $160 $265 $145 $295 $150 $190 $135 $130 $125 $ Task 1 Project Initiation
1.1 Project Kick off Meeting 2 1 3 $50 $575
1.2 Project Description 6 8 14 $0 $2,250
08 00000000000 1 7 $ 5 0 $ 2 , 8 2 5
Task 2 Technical Studies
2.1 Arborist Report 2 54 4 2 62 $70 $9,900
2.2 Architectural History Assessment 2 44 4 2 52 $50 $9,600
2.3 Noise and Vibration Assessment 2 5 16 3 2 28 $300 $5,000
2.4 Traffic Trip Generation and Vehicle Miles Traveled Assessment 3 13 3 2 21 $0 $3,500
2.5 Air Quality, Greenhouse Gas, and Energy Assessment 5 29 2 2 38 $0 $7,000 0 6 0 5 29 54 5 16 3 13 44 16 10 0 201 $420 $35,000
Task 3 Initial Study
3.1 Draft Initial Study 8 31 40 3 8 8 3 12 4 8 125 $0 $20,910
3.2 Mitigation Monitoring and Reporting Program 4 4 $0 $780 8 35 40 3 8 8 3 12 0 0 0 4 8 0 129 $0 $21,690
Task 4 Public Review IS/MND
4.1 IS/MND Public Review Materials 1 16 1 2 4 24 $400 $4,650
4.2 Response to Public Comments 2 4 12 1 1 1 1 1 1 24 $0 $3,825
4.3 Final IS/MND and NOD 12 1 2 1 16 $250 $3,110
3 3 2 1 2 01101011255 6 4 $650 $11,585
Task 5 Project Management / Meetings
5.1 Project Management 4 20 24 $60 $4,900
5.2 Meetings and Public Hearings 2 23 3 28 $40 $5,400
6 4 3 300000000000 5 2 $100 $10,300
17 124 55 8 38 63 8 29 3 14 45 22 23 5 463 $1,220 $81,400 $81,400
Environmental Planner
Reimbursables
Task 3 Initial Study Subtotal
Total
Hillcrest Gateway Project
Task 1 Project Initiation Subtotal
Subtotal Labor Hours and Reimbursables
Senior Environmental
Planner
Certified Arborist
Principal Noise
Senior Noise Specialist
GIS
Editing/Word Processing
Office Assistant
Task 2 Technical Studies Subtotal
Task 4 Public Review IS/MND Subtotal
Task 5 Project Management / Meetings Subtotal
Principal Transportation
Transportation Planner
Architectural Historian
Total LSA Hours
Principal-in-Charge
Principal Air Quality
Air Quality Specialist
LSA
Task Fee
www.lsa.net
City of La Verne,City Council
Agenda Report
DATE: September 16, 2024
TO: Honorable Mayor and City Council
FROM: Eric Scherer, Community Development Director
SUBJECT: LEASE AGREEMENT FOR WAREHOUSE PIZZA PATIO
SUMMARY
Since 1994, Warehouse Pizza, located at 2340 D Street, has leased the area of the restaurant's outdoor patio from the City. The most recent 10-year lease agreement expired on July 1, 2024.
As the City is currently reviewing our policy on leasing space in Old Town La Verne, staff has prepared a one-year agreement until further direction from the City Council is provided later this year.
RECOMMENDATION
That the City Council approve a one-year lease agreement with Warehouse Pizza for the continued use of the outdoor patio.
DISCUSSION
In 1994, the owners of Warehouse Pizza negotiated with the City a lease agreement to utilize a portion of City-owned property at the southeast corner of D Street and Bonita Avenue. At that time, a new permanent patio was built and has been enjoyed by La Verne families and visitors since. The initial agreement was for a 10-year term, with a 10-year extension. In 2014, the City Council approved a similar agreement for an initial 10-year term with an option to be extended for another ten years. The agreement allows for the rental rate to be adjusted annually in conjunction with the Consumer Price Index (CPI).
As the City Council recently provided direction to staff to develop an outdoor dining policy for Old Town La Verne, staff felt it would be appropriate to enter into a new one-year agreement instead of enacting the provision for the second 10-year term so that the future long-term agreement can be consistent with the ultimate outdoor dining policy once adopted later this year.
The owner of Warehouse Pizza, Kenneth Schonfeld, has reviewed and is supportive of the new agreement.
FISCAL ANALYSIS
The proposed monthly rental rate to be paid to the City for the use of the patio is $773.17, which is consistent with the previous year's rate as adjusted with CPI for this year.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
Lease Agreement for Warehouse Pizza Patio, Page 2
The Lease Agreement and this report were reviewed and approved by the City Attorney.
ATTACHMENTS
1. 2024-2025 Warehouse Pizza Lease
LEASE AGREEMENT
BETWEEN THE CITY OF LA VERNE AND KENNETH SCHONFELD
(Warehouse Pizza)
This Lease Agreement (“Agreement”) is made and entered into as of ______________, 2024, by and between the CITY OF LA VERNE , a municipal corporation (“City”) and KENNETH SCHONFELD , doing business as Warehouse (“Lessee”).
RECITALS
A. City owns that certain real property located at the northwest corner of Bonita Avenue and “D” Street in the City of La Verne, California , identified as Assessor Parcel Numbers 8377-010-906 and 907 (“City Property”).
B. Lessee is the owner of that certain real property located a 2340 “D’” Street, La Verne, California, identified as Assessor Parcel Number 8377-010-045 (“Lessee Property”) and has been operating a restaurant at said site.
C. Lessee has been leasing a portion (APN 8377-010-907) of the City Property under a lease dated July 1, 2014, which lease has recently expired, for outdoor dining in connection with Lessee’s Property.
D. The parties desire to enter into a new one -year lease to allow for Lessee’s continued use of a portion of the City Property.
NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows:
1. Premises. City hereby leases to Lessee that certain parcel of real property known as Assessor’s Parcel Number 8377-010-097 and depicted in Exhibit “A” attached hereto and incorporated herein by reference (“Premises”).
2. Use of Premises . Lessee shall use the Premises solely as outdoor dining facilities in connection with Lessee’s use of Lessee’s Property as a restaurant , and for no other use.
3. Term of Agreement. The term of this Agreement shall be one (1) year, with no options, commencing on the date first written above, unless terminated by either party as hereinafter provided.
4. Rental. Lessee agrees to pay to the City monthly rental payments for each month during the term of this Agreement in the rental amount of Seven Hundred Seventy Three Dollars and Seventeen Cents ($773.17) (“Rent”) on the first day of the month, in advance. Rent shall commence upon the first day of the month following full execution of
2 this Agreement. If Rent is not paid within fifteen (15) days after the due date, Lessee agrees to pay a late charge equal to six percent (6%) of the monthly Rent.
5. Termination. This Agreement may be terminated by either party, without cause, for any reason , by furnishing to the other party at least three (3) months advance written notice of termination . City may terminate this Agreement , pursuant to statutory time frames, should Lessee be in default of its obligations under this Agreement . Upon termination of this Agreement, Lessee agrees to vacate and to remove all personal property from the Premises, at its sole cost and expense. Lessee acknowledges and agrees that upon termination it will not be eligible for relocation benefits under Government Code Section 7260 et seq., or any similar provisions of law.
6. Lesse’s Duty to Maintain and Repair. Lessee shall keep the Premises in a neat, clea n, sanitary and safe condition, free from waste or debris. Lessee shall also maintain and repair, at its sole cost and expense, all wear and tear and damage to the Premises, as well as to Lessee’s Property and landscaping improvements that are located within the Premises.
7. Waiver of Claims . Neither the City nor any of its officers, agents, or employees shall be liable for and Lessee waives all claims for damage to persons or property sustained by Lessee, its officers, agents, employees, guests or invitees resulting from any accident in or about the Premises or resulting directly or indirectly from any act, neglect, or omission of Lessee , its officers, agents, employees, guests or invitees. All property belonging to Lessee shall be at the sole risk of Lessee , its officer s, agents, employees, guests or invitees, and City shall not be liable for damages or vandalism thereto or theft or misappropriation thereof.
8. Indemnification. To the fullest extent permitted by law, Lessee agrees to at all times protect, defend, indemnify and hold harmless the City, its officers, agents, and employees, for any loss, claim, demand, cause of action, obligation, liability cost, damage, or expense, including attorney’s fees, which arises out of or is in any way connected with any accident , occurrence or act arising out of Lessee’s use of the Premises or the performance of this Agreement, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Lessee. At their own expense, Lessee shall defend any suit, claim or action against the City founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. Lessee shall indemnify the City, and save it harmless from any and all loss, damage, costs, expenses and attorney's fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
9. Insurance.
A. Lessee, at its own cost and expense, shall maintain in effect at all times during the term of this Agreement not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A+ XIII” or better in the Best’s Insurance Guide and authorized to do business in the State of California.
3 1. Workers’ Compensation and Employer’s Liability
− Workers’ Compensation -- coverage as required by the State of California
2. Commercial General Liability
− $2,000,000.00 limit on a per occurrence basis
− $2,000,000.00 general aggregate limit
B. Policies providing for bodily injury and property damage coverage shall meet the following requirements:
1. The City shall be named as an additional insured, as respects all liability arising out of all operations of the Lessee under this Agreement. The certificates shall state: “The City of La Verne, its officers, agents, employees and volunteers are named as additional insured.”
2. Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not
contributing insurance with the insurance required
hereunder.
3. All of Lessee’s policies shall contain an endorsement providing that written notice shall be given to City at least thirty (30) calendar days prior to termination, cancellation, or reduction of coverage in the policy.
4. The right to subrogation against the City shall be specifically waived.
C. All polices, certificates and endorsements shall be sent in duplicate to the Office of the City Clerk, City of La Verne, 3660 “D” Street, La Verne, California 91750.
D. All insurance coverage must be maintained throughout the duration of this Agreement.
10. Assignment and Sublease . Lessee shall not assign this Agreement or any interest or rights hereunder except in connection with a sale or transfer of the restaurant , and then only so upon such successor first agreeing in writing to assume all obligations of Lessee under this Agreement. Upon receipt of such a binding assumption, the predecessor in interest shall be relieved of liability hereunder other than for issues arising prior to the effective date of such assumption.
4 11. Alterations. Lessee shall not make any alterations or additions to the Premises without first obtaining the City’s written consent.
12. Notices. All notices to be given under this Agreement shall be in writing and shall be personally delivered or given by mail as follows:
CITY: CITY OF LA VERNE
3660 “D” Street
La Verne, California 91750
LESSEE: KENNETH SCHOFELD
2340 “D” Street
La Verne, California 91750
or to such other address as is designated in writing by a party and delivered to the other party.
13. Possessory Interest Taxes. Pursuant to Revenue and Taxation Code Section 107.6, Lessee acknowledges that this Agreement may be deemed to create a “possessory interest,” which property interest may be subject to taxation and the party in whom the possessory interest is vested ( Lessee) may be subject to the payment of property taxes levied on such interest. Lessee shall be responsible for the payment of any possessory interest or other tax which may be assessed or levied with respect to any interest granted to Lessee pursuant to this Agreement.
14. Attorneys’ Fees. In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to its reasonable attorneys’ fees and court costs, including appeals, if any, in such amount as the court may adjudge.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers.
CITY OF LA VERNE: LESSEE
By: _____________________________ By: ________________________ Tim Hepburn, Mayor Kenneth Schonfeld
Attested to: Approved as to form:
By: _____________________________ By:_________________________ Ken Domer Kim Hall Barlow
City Clerk City Attorney
5 EXHIBIT “A”
City of La Verne,City Council
Agenda Report
DATE: September 16, 2024
TO: Honorable Mayor and City Council
FROM: Eric Scherer, Community Development Director
SUBJECT: APPROPRIATION FOR EVALUATION AND ACTION PLAN FOR THE OLD
TOWN LA VERNE BUSINESS IMPROVEMENT DISTRICT
SUMMARY
The City released a Request For Proposals (RFP) to firms to evaluate the Old Town La Verne Business Improvement District (District) and make recommendations on how to improve and help to grow the District. A joint proposal from Community Strong Strategies and Civitas has been identified as the one with the most experience in this field and was the most cost-effective.
The District's Advisory Board has recommended that the City and the District share the cost of the analysis.
RECOMMENDATION
That the City Council approve a resolution titled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 ADOPTED BUDGET IN THE AMOUNT OF $30,700 WITHIN THE OLD TOWN LA VERNE BUSINESS IMPROVEMENT DISTRICT FOR THE EVALUATION AND ACTION PLAN OF THE DISTRICT."
DISCUSSION
As the Old Town La Verne Business Improvement District (District) mostly operates on volunteers to promote Old Town La Verne and put on events such as the Holiday Stroll and the Wine and Beer Walks, there has been recent fatigue among members. A lack of sufficient volunteers has resulted in the cancelation of the Beer Walk event the last two years.
As a result, the City Manager's office released a Request For Proposals (RFP) to qualified firms to provide an analysis of the District, its revenues and expenditures, roles and responsibilities, and to provide direction on how to become more effective while also improving the District's potential in marketing and hosting of events. The City received 6 proposals, with one joint proposal from Community Strong Strategies and Civitas clearly outlining the scope of what we believe needs to be done, who has the most relevant experience with this type of analysis, and it also was the lowest bid of the received proposals.
Appropriation for Evaluation and Action Plan for the Old Town La Verne Business Improvement District, Page 2
At their September 9, 2024, meeting, the District's Advisory Board voted to move forward with the analysis, recommending that the City and the District share the costs of the analysis. As this cost was not identified in the adopted budget for 2024-2025, the City Council is required to appropriate the funds for the full contract amount from the District's funds, with the City's portion to be reimbursed to the District during the mid-year budget review process. Given the shared public benefit that revenues from the District provide to residents and visitors to Old Town, City staff are able to agree with a shared approach of the overall costs. The agreement will be signed by the City Manager as it falls within his spending authority per the City's purchasing policy.
FISCAL ANALYSIS
If approved, the Fiscal Year 2024-25 Adopted Budget will be amended to add $30,700 of appropriations from the Old Town La Verne Business Improvement District Fund for the evaluation and action plan of the District. During the City Council's mid-year budget review, the reimbursement of the District's Fund will be addressed.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
This report was reviewed and approved by the City Attorney.
ATTACHMENTS
1. Community Strong Strategies and Civitas Proposal
2. Reso No. 24-XX OLVBID_Evaluation and Action Plan
JULY 30, 2024
Proposal submitted by:
Civitas Advisors PBID/BID Legislation and tourism improvement district Formation, Destination marketing organization expertisecivitasadvisors.com Strategic Planning, Community Engagement, PBID management, organizational capacity buildingCommunity strong strategies communitystrongstrategies.com
Bringing ideas and innovation to life through technology July 30, 2024
Ken Domer
City Manager
City of La Verne
RE: RFP – Business Improvement District Evaluation and
Action Plan
Dear Ken,
Community Strong Strategies (CSS) and Civitas Advisors
(Civitas) – collectively, the Consultant team – are pleased to present the City of La Verne our proposal for services to produce a Business Improvement District Evaluation and
Action Plan. Our Consultant team has unparalleled expertise working with BIDs and community leaders on public
outreach, education, and evaluation, as well as BID/PBID formation and renewal.
This Evaluation & Action Plan will require robust outreach and engagement led by experts with in-depth BID
knowledge and the experience and capacity to thoroughly analyze current practices and identify clear, actionable areas of improvement. Several CSS staff have firsthand executive experience as BID staff who understand the operations and budgets of small-to-large BIDs. In addition, CSS and Civitas have completed several evaluations and action plans of
comparative nature and scale that have guided BIDs in
growing their capacity to meet the needs of their businesses and other stakeholders.
This proposal details, for your consideration, the specific approach and timeline that our teams will utilize to
accomplish the objectives set out in the scope of work, including a cost proposal and a plan for working closely with City staff throughout this process.
We thank you for the opportunity to submit our proposal.
Sincerely,
Nathan Ulsh
Partner
Community Strong Strategies, LLC
650.763.2070
6080 Center Dr 6th Floor,
Los Angeles, CA 90045
CSS Page 1
COVER LETTER
A partnership LLC located in
Los Angeles and Sacramento.
CSS has a team with over a
decade of experience working
as executives for PBIDs/BIDs
as well as experience forming
and renewing districts, board
development and training,
pre-formation consensus-
building for PBID formation
and significant outreach to
diverse communities,
including in-language
collateral and on-site
translation including Spanish
and Vietnamese.
WHO WE ARE
A California corporation, has
their principal office located in
Sacramento with satellite
offices in Los Angeles, New
York, and Wisconsin. Our team
of sixteen individuals provide
non- profit and legal
consulting services, legislative
support, and help with unique
funding solutions for districts
and destinations. Civitas has
been forming and renewing
PBIDs/BIDs since 1994 and will
provide expert advice and
guidance throughout the
project.
Executive Summary
CSS and Civitas have partnered on this proposal to provide optimal research and development of the requested services. By combining expertise, we are able to be most effective to help the city and community achieve your desired goals.
CSS will be the prime consultant and will serve as the lead for this project. This includes:
Outreach efforts of stakeholders including the Old Town La Verne Business Improvement District (OTLVBID), University of La Verne, chamber of commerce, and collaborating with city staff on outreach efforts.
Evaluation of the current market and trends of BIDs, and conditions of the OTLVBID in respect to current activations (i.e. Cool Cruise Car Show, Wine and Beer Walks, and the Holiday Stroll), marketing and branding, and funding opportunities.
Identify additional funding opportunities that support OTLVBID’s mission and goals.
Review of current governance structure, management, operations and provide recommendations with SWOT analysis and structural improvements.
Develop a realistic timeline for executing the proposed improvements, specifying milestones and deliverables (Teamwork software accessible by city staff).
Maintain monthly summary reports throughout the scope of work, updating the OTLVBID on progress (Teamwork software).
Develop a 5-Year Action Plan that provides best practices and implementation strategies to achieve economic growth that incorporates the City’s Old Town La Verne Specific Plan and other relevant Plans.
Provide 12 printed and bound copies of the completed evaluation and Action Plan along with an electronic version with detailed findings and comprehensive reporting.
Civitas will help support on several items, including:
Evaluate similar BIDs of comparable size, accessibility, proximity to tourism, age of development, business make-up, and other relevant socioeconomic indicators.
Provide legalese, support on best practices and contribute to the Action Plan.
We anticipate this project duration to be 4 months. We commit up to 6 meetings - in person as requested - during the duration of this project to meet with stakeholders and city staff. Phone calls and/or Zoom meetings may transpire for follow-up and will not be counted towards the “meetings.” We will prepare and deliver two presentations, one to the La Verne City Council and one to the OTLVBID Board, summarizing the evaluation findings and the proposed action plan (these will count towards the number of meetings).
CSS
Scope of work
The Consultant team will work closely with City of La Verne staff and key city stakeholders – including the OTLVBID, the Association, the University of La Verne, and others – to assess and evaluate the OTLVBID, and develop a 5-Year Action Plan that identifies priorities and initiatives for the OTLVBID, outlines methods for implementation, and highlights best practices to achieve economic growth. The details of how the Consultant team will accomplish these goals is detailed below.
IMPLEMENTATION PLAN - ASSESSMENT AND EVALUATION
GOVERNANCE and OPERATIONS: Evaluate the governance, management, and operational frameworks of the OTLVBID to identify strengths, weaknesses, and areas for structural improvement.
Review existing documents related to the formation and management of OTLVBID, including prior District Plans and legal documents (e.g., bylaws), to understand the governance structure and operational framework.
Develop and vet a SWOT analysis by leveraging stakeholder engagement.
Compare the SWOT analysis against several other BIDs of equivalent size and structure, to evaluate competitive advantages.
Review compliance with federal, state, and local agencies to ensure proper documentation and submission.
PROGRAMS: Analyze current programs and outreach efforts for effectiveness, relevance, and efficiency. Identify successful initiatives and areas needing enhancement or re-alignment with the district's goals.
Understand the current capacity to operate programs and conduct outreach. A volunteer-led organization is subject to volunteers’ availability to conduct outreach and complete tasks. Our team will provide options for a district with a minimal budget, such as identifying funding and partner resources.
Provide comparable ideas of similar BIDs that would be relevant to this district’s needs and goals. This includes evaluation of current events (e.g., Cool Cruise Car Show, Wine and Beer Walks, and the Holiday Stroll) and how to best utilize marketing and events for outreach through an OTLVBID booth, surveys, or other forms of engagement.
FINANCES: Conduct a thorough review of the OTLVBID's financial health, revenue sources, expenditure patterns, and financial management practices. Identify financial strengths, vulnerabilities, opportunities for increased efficiency, and potential new funding sources.
Review the current budget, including revenue and expenses, and provide feedback.
Provide financial management guidance, including how to manage revenue increase.
Understand and provide insight into financial capabilities and efficiencies within the current budget, while also identifying new revenue opportunities that qualify under 501(c)3 status, including local, state, and federal grants.
Scope of work
COMPETITIVE ASSESSMENT: The evaluation must include a competitive assessment focused on comparing La Verne to competitor business improvement districts comparable in size, accessibility, proximity to tourism, age of development, business make-up, and any other socioeconomic indicators the consulting firm recommends
Leverage data sources (market studies, demographics, etc.) to better inform decision-making and to elicit feedback from stakeholders.
Extract and compare City data provided with data from a comparable city.
Determine competitiveness of tourism and development in the OTLVBID area. This may include re-evaluating the current vision and mission of the association.
COMMUNITY VISION: Reference relevant community demographic and economic data, community visioning, and stakeholder group engagements to capture the vision of our residents, an assessment of our local economic climate, and the City’s capacity for additional growth.
Review pertinent information, reports, and data to extrapolate trends to be discussed in interviews and group discussions.
Pull data from relevant sources (e.g., CoStar, Census, County and City data) to provide comprehensive view of economic indicators.
Gather insight and information from stakeholders to inform opportunities for BID growth and City development for inclusion in the Action Plan; this includes interviews, surveys, focus groups with stakeholders
FIVE-YEAR ACTION PLAN: Develop a 5-Year Action Plan that identifies priorities and initiatives for the OTLVBID, methods for implementation, and best practices to achieve economic growth. This process should include aspects of community feedback through stakeholder engagement. The Action Plan should take into consideration the City’s Old Town La Verne Specific Plan and other relevant Plans Based on the mission of OTLVBID – to celebrate and cultivate the people, businesses, and organizations of Old Town La Verne through promoting the small businesses located in the area and sponsoring events that bring the community together – our team would create a five-year Action Plan that would serve as OTLVBID/s roadmap for leveraging opportunities and expanding economic growth. The Action Plan could have several areas of focus for consideration to attract different sources of funding, such as
IMPLEMENTATION PLAN - OUTPUT AND PRODUCTS
Environmental Sustainability
Promote green energy
initiatives
Enhance parks and green
spaces
Implement climate
resilience measures
Community Well-Being
Improve public health
services
Enhance educational
opportunities
Foster arts and culture
Economic Development
Attract and retain businesses
Support small businesses and
entrepreneurship
Develop workforce training programs
Housing and Neighborhood
Development
Increase affordable housing
Revitalize blighted areas
Promote inclusive development
Transportation and Infrastructure
Improve public transit
Enhance walkability and bikeability
Upgrade critical infrastructure
Scope of work
FUNDING OPPORTUNITIES and PARTNERSHIPS: Include potential funding opportunities, partnerships, and resources needed to implement the action plan.
TIMELINE: Develop a realistic timeline for executing the proposed improvements, specifying milestones and deliverables.
The Consultant Team will identify several options for additional funding opportunities – local, state, federal – as well as partnerships that can be leveraged for additional fiscal and human capital.
MONTHLY SUMMARY REPORTS: Maintain monthly summary reports throughout the scope of work, updating the OTLVBID on progress.
The Consultant team anticipate this project will take approximately four (4) months to complete with specific milestones and deliverables. Additional details can be found in the Project Timeline section of this proposal.
September 2024 (Tasks 1-4): Evaluation of current programming and finances, and conducting stakeholder outreach and engagement.
October 2024 (Tasks 4-5): SWOT analysis and comparisons of BIDs, and identifying additional marketing and funding opportunities.
November 2024 (Task 6-7): Draft the 5-year Action Plan and review with City staff and stakeholders.
December 2024 (Tasks 6-7, 10-11): Finish the 5-year Action Plan and present to City Council and OTLVBID.
CSS will maintain progress in the online software program Teamwork.com. Staff will have access via login to review progress and review notes that may be inserted.
Monthly summary reports will be generated for review by City staff and OTLVBID.
PRESENTATIONS: Prepare and deliver two presentations, one for the La Verne City Council and one to the OTLVBID Board, summarizing the evaluation findings and the proposed action plan.
The Consultant team will give presentations to City Council and the OTLVBID board and elicit feedback from both groups.
PRINTED COPIES: Provide 12 printed and bound copies of the completed evaluation and Action Plan along with an electronic version. This report should be a comprehensive document detailing the findings from the assessment of the OTLVBID’s organizational structure, programs, outreach strategies, and fiscal health.
The Consultant team will provide 12 printed and bound copies as requested.
Target Date Task Optional Task
September
2024
Tasks 1-4:
Evaluate the governance, management, and
operational frameworks of the OTLVBID to
identify strengths, weaknesses, and areas for
structural improvement.
Analyze current programs and outreach efforts
for effectiveness, relevance, and efficiency.
Identify successful initiatives and areas needing
enhancement or re-alignment with the district's
goals.
Conduct a thorough review of the OTLVBID's
financial health, revenue sources, expenditure
patterns, and financial management practices.
Identify financial strengths, vulnerabilities,
opportunities for increased efficiency, and
potential new funding sources.
Review website and
solicit feedback from
stakeholders and
users.
October
2024
Tasks 4-5:
Initiate SWOT Analysis and competitive
assessment focused on comparing La Verne to
competitor business improvement districts
comparable in size, accessibility, proximity to
tourism, age of development, business make-up,
and any other socioeconomic indicators the
consulting firm recommends.
Begin website
redesign.
In conjunction with
tasks 1-5, determine
current outreach
strategies and begin
strategic planning of
best modes of
application and
communication and
technology.
November
2024
Tasks 6-7:
Finalize community engagement and research.
Draft 5-year Action Plan and provide review to
stakeholders, City staff.
Provide draft review of
website.
December
2024
Tasks 6-7, 10-11:
Finalize report; print and bind 12 copies.
Present to Council and OTLVBID board findings
and recommendations.
Finalize website.
Include outreach
strategy in Action
Plan.
Scope of work
PROJECT TIMELINE
Scope of work
ROLES of city staff
Throughout this contract, proper communication between City staff and the Consultant team will be imperative. The Consultant team may require information that only City staff have access to, or may require additional support to correctly interpret City policies related to the evaluation. Specifically, we anticipate the role of City staff to include the following:
As needed, provide the Consultant team with City data and reports related to Old Town La Verne.
At the commencement of the contract, provide the Consultant team with an initial contact list of business, community, and other stakeholders as a starting point for outreach and engagement.
At the commencement of the contract, provide the Consultant team with a list of City meetings (dates/times) that will cover topics pertinent to business improvement and development broadly and the OTLVBID. This includes, but is not limited to, City Council meetings, planning meetings, committee meetings, board meetings, and Chamber of Commerce meetings.
Provide feedback on draft iterations of the Action Plan, to guide the Consultant team ahead of finalization and submittal.
As needed, connect the Consultant team with elected officials or other City department officers and their staff, including helping to schedule meetings with these individuals of necessary.
Throughout the contract, communicate immediately with the Consultant team if there are any concerns about the scope of work, or if there is any new information or change in circumstances that could inform or impact the Consultant team’s evaluation.
QUALITY CONTROL PROCEDURES
The Consultant team has systems in place to ensure that activities and products within the scope of work are of high-quality, accurate, and have been thoroughly reviewed prior to submission to the City.
The Consultant team will set-up the following check-in and report mechanisms to ensure timely completion of the scope of work:
Weekly or Biweekly Check-ins with City Staff and/or OLVTBID: These meetings will be used to confirm that the scope of work is being completed in line with the implementation plan and project timeline, and to ensure consistent communication.
Monthly Milestone Reviews via Monthly Reports: Monthly reports will be used to report progress, communicate updates, and confirm the accuracy of data and information being used to inform the Action Plan. As detailed in the project timeline, each month lists tasks that will be completed. These tasks are project milestones, and tracking and completing these milestones will ensure that the Action Plan is finalized and submitted on schedule.
Project Managers (PMs) within the Consultant team will support decision-making, project coordination, and stakeholder communication to ensure that project milestones are tracked and completed on time. The Consultant team utilizes Microsoft tools compatible with City requirements that enable document sharing and calendaring as needed. Login credentials for Teamwork.com will be provided to City staff, to supervise deliverables and provide input on items as needed.
Scope of work
sample reports
The COVID-19 pandemic placed intensive financial and operational stress on non- profits, businesses, and property owners due to unprecedented economic conditions.
Property and Business Improvement Districts (PBIDs) and Chambers of Commerce, charged with business corridors, have faced increased workloads as they attempt to support their districts with less funding and a changing business environment.
Click here to view the full
Greater Arden Chamber of
Commerce Report
Click here to view the full
Carmichael Improvement
District Report
These six reports were completed to support the participating organizations by analyzing their growth and capacity needs, identify future impact priority areas, and designing short and long-term strategies to improve service within their districts.
Click here to view the full
Arden + Howe Business
Alliance Report
Click here to view the full
80-Watt Property Business Improvement
District Report
Click here to view the full
Monterey Corridor District
Marketing Plan
Click here to view the full
Tully Rd.-Eastridge
District Marketing Plan
Scope of work
COST PROPOSAL - ASSESSMENT AND EVALUATION
All charges for services will be a “Not-To-Exceed” fee.
This hourly rate schedule is part of the consultant’s quote for use in invoicing for progress payments and for extra work incurred that is not part of this RFP. *Additional meetings will be billed at a rate of $1,000 per meeting
Scope of work
WEBSITE REDESIGN and OUTREACH STRATEGY: Provide an optional task in the scope of work as a separate cost proposal for the redesign the OTLVBID website and developing an outreach strategy to be more engaging and reflective of the district’s needs.
WEBSITE REDESIGN AND OUTREACH STRATEGY
*Additional meetings will be billed at a rate of $1,000 per meeting Outreach Strategy includes:
Budget for up to two (2) meetings to meet with stakeholders, City staff, OTLVBID Building a plan that:
Understands the community needs
Develops clear and inclusive messaging
Creates strategies for implementation
Leverages technology for communication
Fosters long-term engagement
Website Redesign: Monforte Studio - Click here to view full website.
CSS was founded in 2022 by partners Tracey Flaningam and Nathan Ulsh. Richard Dana joined as the third partner in 2023. Together, they bring over 30 years of experience in community economic development, business development, strategic planning, marketing and management of business districts, and community engagement. CSS brings a new philosophy to business district development and management by working closely with jurisdiction staff, business leaders, and stakeholders to encourage comprehensive awareness and implementation of plans and processes.
CSS has worked with several groups to support formation and expansion of 501(c)3 and 501(c)6 status. Our approach is to work hand-in-hand with community leaders to create an infrastructure that will best set up an organization for success. CSS is also an industry leader when it comes to assessing and evaluating existing non-profits and helping them become more effective and efficient in their operations. As part of this work, CSS conducts in-depth research through targeted 1:1 interviews and industry assessments to produce directed and objective feasibility studies.
In the last two years, CSS has focused on organizational capacity-building for PBIDs and business associations throughout Northern California, specifically as a response to the pandemic and business district resiliency. This includes resource development, and business attraction and retention for cities and counties. CSS recently completed two district marketing plans that focus on building on current and future assets of their business corridors, expanding marketing opportunities, and building fiscal sustainability.
CSS Alum Rock Business Association Board Training
CSS Business Association Business Walk
with the City of San José
CSS facilitating an East Santa Clara Street Business Association meeting, engaging with a Council Member
REFERENCES
CSS
The work outlined in the Scope of Work above will be performed by Community Strong Strategies, LLC and Civitas Advisors Inc.
ABOUT Community Strong Strategies
City of San José:
Contact: Blage Zelalich | (415) 378-8985
email: [email protected]
CSS is currently providing organizational capacity-
building and outreach support services for six (6)
business districts in San Jose. CSS has successfully filed for two 501(c)6 applications and has either formalized
or restructured all six boards, including updating their bylaws to ensure effective leadership and the
development and achievement of association’s goals.
The community engagement for these projects
includes organizing monthly business walks,
facilitating board meetings, providing support for fiscal sustainability, and completing district marketing plans for each corridor.
Sacramento County:
Contact: Crystal Bethke | (916) 874-8606
email: [email protected]
CSS led business engagement for the unincorporated
parts of the county, working closely with PBIDs and
chambers of commerce to provide services and
resources to businesses through the Inclusive
Economic Development Collaborative model. This
included deploying business outreach specialists for
chambers and providing in-language support to
traditionally hard to reach communities.
Valley Vision, Sacramento:
Contact: Evan Schmidt, CEO, Valley Vision:
[email protected], (916) 325-1630
CSS is supporting Valley Vision’s We Prosper Together,
the Capital Region’s California Jobs First initiative
(formerly the Community Economic Resiliency Fund or
“CERF”). As a subcontracted strategic partner, CSS is
responsible for establishing and maintaining the eight- county region’s collaborative governance structure
that is working to to identify and implement economic
development priorities to grow a low-carbon economy.
REFERENCEs
CSS’ RECENT PROJECTS IN CALIFORNIA
REFERENCEs
ABOUT CIVITAS Advisors
At Civitas, we specialize in igniting local economies, creating jobs and establishing stable funding for destination promotions and downtown improvements throughout the United States. With more than 20 years of experience, we provide expertise in all aspects of forming, modifying, and renewing improvement districts. With offices in Sacramento, Los Angeles, and New York, our team of professionals has guided over 150 districts through the formation, modification or renewal process.
With its deep experience and expertise, Civitas has been commissioned by the U.S. Travel Association to conduct nationwide studies. Civitas also provides research, consulting, and district formation services to destinations located around the world, including Canada, South America, Europe, and Asia. We have also worked in Japan, where Civitas clients include Nomura Research Institute, Japan Area-Based Management Organization Network, Japan Travel Bureau, and Setouchi Tourism Authority. For its groundbreaking work, Civitas has been featured in publications such as Forbes and Skift.
CEO John Lambeth kicking off the Destinations International Annual Conference
REFERENCEs
CIVITAS’ RECENT PROJECTS
Mack Road Partnership
Bill Knowlton, Executive Director
(916) 706-3833
Property and Business Improvement District
Formation (2010)
Property and Business Improvement District
Renewal (2015)
Property and Business Improvement District
Renewal (2022)
City of Burbank
Mary Hamzoian, Economic Development Manager
(818) 238-5208
Property and Business Improvement District
Formation (2014)
Property and Business Improvement District
Renewal (2018)
Tourism Improvement District Formation (2014)
Tourism Improvement District Renewal (2018)
City of Morgan Hill
Matthew Mahood, Economic Development Director,
(408) 310-4652
Property and Business Improvement District
Formation 2022
Tourism Improvement District Formation 2023
Partner, CSS
L.A., Bay Area
Nathan Ulsh
Ulsh leads CSS’s L.A., and Bay Area offices and is the firm’s lead business improvement district expert. He brings over 15+ years of executive leadership experience, primarily leading, forming, and renewing property and business improvement districts (PBIDs) and business associations. Ulsh has over a decade of experience working for PBIDs, creating strategic plans, fiscal and board development. He has deep roots in disadvantaged communities and using a strong boots-on-the-ground approach to engage with communities. He is bilingual in Spanish. Ulsh will serve as the Project Manager for this project.
Diana Zepeda
A recent graduate of San Jose University, Zepeda serves as a lead community engagement specialist, overseeing several projects in the Northern California Bay Area, where she is responsible for business association formations, board development, marketing, liaising with city and county staff, community engagement and outreach activities. She assists with reports and support for our Sacramento and L.A. office as well. Zepeda also serves as a military reservist and is bilingual in Spanish.
Personnel Assigned
*no changes in key personnel are to be made without written consent of the City Special Projects
Manager, Civitas
Carson Lambeth
Lambeth’s career has included over 17 years of experience with project and relationship management, human resources and recruiting. Ms. Lambeth specializes in consensus building and successful program implementation.
Carson has also been involved with many non-profit organizations in the Sacramento community, including St. Hope, March of Dimes, Breakthrough and the Child Abuse Prevention Council. Carson earned a bachelor’s degree from UC Davis in Organizational Studies and a minor in Rhetoric and Communications.
Project
Manager, Civitas
Kelly Rankin
Rankin has been with Civitas for almost six years, serving as a dedicated project manager. During her tenure, she has successfully managed nearly 20 PBID projects, encompassing formation, renewal, and feasibility studies. She holds a bachelor’s degree in Communication with a focus on Advertising. Her extensive experience includes collaborating with destinations, jurisdictions, property owners, and business owners to secure enhanced funding for their organizations. She specializes in guiding clients nationwide through the complexities of establishing improvement districts and navigating diverse legal requirements and regulations.
CSS
Assistant Project
Manager, CSS
Isa Avanceña
Avanceña has extensive experience working on research and policy initiatives, including regional public opinion polls, digital equity strategies, and regional economic development strategies. She was worked closely on state and regional economic development initiatives, including analyzing data and research, designing and conducting industry and community engagement, and developing and writing strategies and reports. She has her J.D. from the Philippines and her LL.M. from the University of California Berkeley School of Law.
Project Director,
CSS
EDUCATION
NATHANULSH
PARTNER
CONTACT
650-763-2070
[email protected]
RECOGNITIONS
CPTED Certificate (2015)
Alumni of City Management
Academy of Sacramento (2016)
Alumni of Citizen Planning
Academy of Sacramento (2017)
Board member of Guadalupe
River Park Conservancy, Chair of
the Master Plan Committee
(2022-Present)
40 under 40 Sac Business Journal
Award (2018)
Sac City Parks and Rec
Commission recognition award
(2018)
APA Sacramento Valley Section
Local Vision Award (2018)
Sacramento Hispanic Chamber
Salud! Young Professional Award
(2019)
International Economic
Development Council, Basic
Economic Development Course
Certification (2024)
UNIVERSITY OF ILLINOIS
URBANA-CHAMPAIGN
2013
2009
WASHINGTON STATE
UNIVERSITY
Bachelor’s Degree in
Social Science
WORK EXPERIENCE
EXPERTISE
PROFILE
Ulsh leads CSS’s Los Angeles and Bay Area office and is the firm’s lead business improvement district expert. He brings over 15+ years of executive leadership experience, primarily leading, forming, and renewing property and business improvement districts (PBIDs) and other community benefit entities. Ulsh has over a decade of experience working for PBIDs, creating strategic plans and board development. He has deep roots in disadvantaged communities and using a strong boots-on-the-ground approach to engage the communities we serve. He is also bilingual in Spanish.
2022 - PRESENTCommunity Strong Strategies, LLC
Partner
2020 - 2022San Jose Downtown Association
Director of Policy and Operations
2016- 2020Franklin Blvd Business Association
Executive Director
2014-2016Mack Road Partnership
Deputy Director
2008-2014Admirable Carpet Cleaning
Founder, CEO
Certification of Micro-Economics
Oversaw PBID organizations of $3+ million budget and serving 1,800 business and property owners, facilitating business development, technical assistance via programming and partnerships.
Raised $500,000+ dollars for underserved communities to provide community economic development opportunities including capital improvement projects and beautification efforts.
Leveraged partnerships to provide workshops, technical assistance, and funding opportunities with several (ethnic) Chambers of Commerce, SBDC, SCORE.
Developed collateral and programming in multilanguages (Spanish, Vietnamese) with an emphasis of outreach to diverse communities, specifically small businesses and underserved neighborhoods.
Created several District Marketing Plans for business districts to highlight assets and quantify impact and investments.
EXPERIENCE
Special Projects Manager, Civitas
Senior Recruiter, Wells Fargo Bank
Project Manager, Wells Fargo Bank
Branch Manager/Personal Banking Manager/Customer Service Representative/Agent Teller, Wells Fargo Bank
916-833-6231 [email protected]
Sacramento / October 2004 – December 2011
Managed various community relationships for Wells Fargo in Sacramento, Stockton and Chico areas. Worked with St. Hope and Sacramento High to create and administer a mentor program which Wells Fargo team members mentored a student monthly during the school year.
Implemented an internship program and career fair for Sacramento High sponsored by Wells Fargo. Managed and grew Wells Fargo relationships with Sacramento State and the Mexican Consulate.
Sacramento / March 1998 – October 2004
Responsible for recruiting and selecting professional staff from internal and external sources.
Conducted innovative employment advertising campaigns, job fairs, etc. to recruit candidates.
Maintained effective working relationships with professional recruitment agencies, schools and all levels of internal management.
Sacramento / November 1989 – March 1998
Opened and organized a new branch. Hired, trained, and motivated new staff. Worked to develop a strong relationship between Wells Fargo and the community. Maintained excellent Customer Service (averaged 95% or above on Customer Satisfaction Surveys). Fourth quarter 1995, and First Quarter 1996, the Elk Grove Office finished in the top 10% of the Division in overall sales and operations. Managed two branches, Elk Grove and Laguna, First Quarter 1996.
Promoted to four different jobs in 5 years.
Sacramento / January 2010 - Present
A law and government consulting firm specializing in business and property improvement district formation and renewal, non-profit governance technical assistance, and legislative reform:
• Advise clients on options for district formation and renewal • Consensus building and owner outreach
• Project manage district formation and renewal efforts • Hiring and strategic planning for Company
• New business development and sales management
• Work with local government staff/officials during formation and renewal process for Business Improvement Districts
SPECIAL PROJECTS MANAGER
Community Strong Strategies, LLC and Civitas Advisors Inc., collectively known as “The Consultant Team” provide the following statements:
The Consultant Team will adhere to all federal laws and regulations notwithstanding any state or local laws and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to.
The Consultant Team shall allow all authorized federal, state, county, and the City officials access to place of work, books, documents, papers, fiscal, payroll materials, and other relevant contract records pertinent to this project. All relevant records shall be retained for at least three (3) years.
The Consultant Team will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
The Consultant Team shall comply with the California Labor Code., pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; and State of California Prevailing Wage Rates, respectively.
Required Statements
CSS
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 ADOPTED BUDGET IN THE AMOUNT OF $30,700 WITHIN THE OLD TOWN LA VERNE BUSINESS
IMPROVEMENT DISTRICT FOR THE EVALUATION AND ACTION PLAN OF THE DISTRICT.
WHEREAS, The City released a Request For Proposals to firms to evaluate the Old Town La Verne Business Improvement District and make recommendations on how to improve and help to grow the District; and,
WHEREAS, the City received six proposals, including a joint proposal from Community Strong Strategies and Civitas; and,
WHEREAS, this proposal clearly outlined the scope of work, demonstrated the most relevant experience for this type of analysis, and had the lowest bid among the submissions; and,
WHEREAS, said quote has now been considered by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1.That the City Council amends the Fiscal Year 2024-25 Adopted Budget in the amount of $30,700 and appropriates the expenditures within the Old Town La Verne Business Improvement District.
Section 2.That the Mayor shall sign, and the Deputy City Clerk shall certify the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 16th day of September 2024.
Mayor Tim Hepburn
ATTEST:
Debra Fritz, Deputy City Clerk
CERTIFICATION
Reso No. 24-xx Page 2 of 2
I hereby certify that the foregoing Resolution No. 24-XX was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 16th day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Debra Fritz, Deputy City Clerk
City of La Verne,City Council
Agenda Report
DATE: September 16, 2024
TO: Honorable Mayor and City Council
FROM: Yvonne Duran, Community Services Director
SUBJECT: RESOLUTION AUTHORIZING ABILITY TO FILE GRANT APPLICATIONS FOR
MEASURE A FUNDING FOR PROJECTS AND PROGRAMS
SUMMARY
This item seeks consideration of a resolution approving the blanket authority for Staff to file applications for grant funds from the Los Angeles County Regional Park and Open Space District for Measure A Funding of Projects and Programs.
RECOMMENDATION
That the City Council adopt a Resolution titled, "RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA VERNE, CALIFORNIA, APPROVING THE BLANKET AUTHORITY TO FILE
APPLICATIONS FOR GRANTS COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR MEASURE A FUNDING FOR PROJECTS AND PROGRAMS."
DISCUSSION
Measure A, the "Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure," is a 1.5 cent per square foot parcel tax approved by LA County voters in 2016 to fund parks and open space projects throughout the county. It addresses the need for maintaining, improving, and creating recreational spaces in local communities.
Measure A provides support by:
• Funding maintenance and upgrades for parks, trails, beaches, rivers, and recreation facilities.
• Supporting water conservation, environmental protection, and sustainability efforts. • Prioritizing underserved and disadvantaged communities with limited access to green spaces.
• Enhancing public safety through improved lighting, accessibility, and infrastructure in parks.
The Los Angeles County Regional Park and Open Space District (RPOSD) administers Measure A funds, overseeing their distribution to a wide range of projects across the county, including parks, open spaces, beaches, rivers, and recreation facilities. RPOSD ensures that Measure A funds are used efficiently to enhance parks and recreational spaces across Los Angeles County, enabling local agencies and communities to fully benefit from the measure’s resources. RPOSD's responsibilities include:
Resolution Authorizing Ability to File Grant Applications for Measure A Funding for Projects and Programs, Page 2
• Distributing both annual allocations and competitive grants to local governments, nonprofits, and other eligible entities.
• Ensuring Measure A funds are spent in line with the measure’s guidelines and priorities. • Monitoring and reporting on the progress of funded projects.
In January 2024, RPOSD introduced key updates to its Grants Administration Manual (GAM) to streamline the process for accessing Annual Allocation funds. The most significant change is the adoption of an Annual Allocation Agreement (Agreement), which replaces the need for separate grant agreements for individual projects.
Once the Agreement is executed, agencies can submit projects for review and approval via a Notice to Proceed (NTP), allowing them to start projects immediately without the need for individual grant agreements.
RPOSD has distributed the final version of the Agreement for execution, and once fully signed, the City of La Verne will be able to request Annual Allocation funds through the new NTP system. Additionally, the City must submit a resolution as jurisdictional support, which provides blanket authority to request future Measure A funds. This resolution must be on file before any funds can be requested.
FISCAL ANALYSIS
There is no fiscal impact for the recommended action.
ENVIRONMENTAL ANALYSIS
This item is not subject to environmental review under the California Environmental Quality Act CEQA) per Section 15378 (b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment are not CEQA projects, and Section 15784 (b)(4), government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment are not CEQA projects.
LEGAL REVIEW
This report was reviewed and approved by the City Attorney.
ATTACHMENTS
1. AA Agreement Final - La Verne
2. Measure A Blanket Resolution
Coordinated with:
Christy Lopez, Finance Director
Kimberly Hall Barlow, City Attorney
Measure A Annual Allocation Grant Agreement
1 PARTIES TO AGREEMENT
RPOSD: GRANTEE:
Los Angeles County
Regional Park and Open Space District
1000 South Fremont Avenue, Unit #40
Building A-9 East, Ground Floor
Alhambra, CA 91803
City of La Verne
3660 D Street
La Verne CA 91750
This Annual Allocation Grant Agreement ("Agreement") is made and entered into by and between the City of La Verne (“Grantee”) and the Los Angeles County Regional Park and Open Space District (“RPOSD”). Grantee agrees to complete Annual Allocation projects as described in any Notice to Proceed (“NTP”), a subordinate agreement executed wholly within and subject to the provisions of this Agreement, approved by RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation, and pursuant to Measure A.
RECITALS
WHEREAS, RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation and Measure A, is authorized by the County of Los Angeles Board of Supervisors, acting in its capacity as the governing body of the RPOSD, to implement Measure A and administer Measure A grants;
WHEREAS, Grantee is a public entity eligible for Annual Allocation awards; and
WHEREAS, this Agreement is authorized by Measure A;
THEREFORE, in consideration of the mutual covenants, promises, and representations herein, RPOSD and Grantee agree as follows:
Definitions
Annual Allocations: Annual grant funds allocated pursuant to Section 5, subdivision (b) of Measure A.
Board of RPOSD: The County of Los Angeles Board of Supervisors acting in its capacity as the governing body of the RPOSD.
2 Good Standing: Good Standing is when an agency or organization is in compliance with all requirements stated in the guidelines, policies, and procedures of RPOSD for both Proposition A and Measure A. Good Standing is required of Grantees in order for payment requests to be processed and to receive or apply for any grant funds from RPOSD.
Grants Administration Manual (GAM): The document that details the policies and procedures for administering grants awarded by RPOSD. From time to time, it shall be amended or changed by RPOSD as described in this agreement.
Grants Management System (GMS): The online Grants Management System used by RPOSD to track Measure A grant-funded projects.
Measure A: The Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure to levy a special tax and issuing bonds approved by voters on November 8, 2016.
Notice to Proceed (NTP): A subordinate agreement executed wholly within and subject to the provisions of this Agreement, for the performance of deliverables as described in the Notice to Proceed (Attachment A). Upon issuance by RPOSD, the NTP confirms approval of an identified project and a specified grant amount and authorizes Grantee to commence performance of said project. The NTP shall include the specifics of the approved project, such as the scope of work, funding award, and performance period for the project.
NTP Performance Period: The timeframe within which Grantee is to complete a project as detailed in each Work Plan. Project costs must be incurred within the NTP Performance Period for each project to be eligible for reimbursement.
Project: Acquisition, development, planning and design/or innovation projects utilizing Annual Allocation funding, and as set forth in an executed NTP.
Scope of Work: Grantee’s written description of tasks and deliverables for a project, as set forth in the Work Plan.
Work Plan: A plan that details the proposed elements of a project: scope of work, deliverables, timeline, budget, land tenure, perpetuity plan, community engagement plan, funding acknowledgement, and attachments (as needed).
3 TERMS AND CONDITIONS
Article 1: Conditions
A. This Agreement applies to all grant funds allocated to Grantee for projects which Grantee has applied for, and which have been approved by RPOSD, as evidenced by the issuance of an NTP.
B. The Work Plan and its required attachments, and any subsequent changes or additions approved by RPOSD, are hereby incorporated in this Agreement as though set forth in full.
C. The GAM, and any subsequent changes or additions thereto, and the Measure A Resolution are also hereby incorporated in this Agreement as though set forth in full.
D. As per the approved NTP(s), RPOSD grants the Grantee a sum of money not to exceed the budget amount, in consideration and on the condition that the sum be solely expended for the purposes set forth in the NTP Scope of Work for the approved Work Plan and under the terms and conditions set forth in this Agreement.
E. Grantee acknowledges that it may be required to furnish any additional funds necessary to complete the project approved in the NTP.
F. Any non-recreational use of the project area must be preapproved in writing by RPOSD, and if approved, Grantee agrees that any gross income earned from such non- recreational uses of the project shall be used for recreation development, additional acquisition, operation or maintenance at the project site, unless RPOSD approves otherwise in writing.
G. Grantee agrees that any gross income that accrues to a grant-assisted development project authorized by the NTP during and/or as part of the construction, from sources other than the intended recreational uses, also shall be used for further development of that particular project described in the NTP, unless RPOSD approves otherwise in writing.
Article 2: Term of Agreement
This Agreement is effective upon the date it is fully executed by the Grantee and Director of RPOSD or their designees (“Effective Date”) and will remain in effect in perpetuity unless terminated by RPOSD upon written notice.
Article 3: Counterparts and Electronic Signatures
A. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same
4 Agreement. The email or electronic signature of the parties shall be deemed to constitute original signatures, and electronic copies hereof shall be deemed to constitute duplicate originals.
B. RPOSD and Grantee hereby agree to regard electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Amendments and received via communications facilities (email or electronic signature), as legally sufficient evidence that such legally binding signatures have been affixed to Amendments to this Agreement.
Article 4: Grant Funds
Grantee will not be entitled to any payment by RPOSD under this Agreement except pursuant to an authorized NTP for each project. Grant funds will be disbursed and used solely by the Grantee in accordance with the Work Plan defined in the NTP for each project, subject to the provisions of this Agreement. Grantee may not combine or carryover funds remaining in one project to another. Grantee understands that grant funds are not a gift and agrees that RPOSD is granting funds for Grantee to complete the work authorized in each NTP.
Article 5: Expenditure of Grant Funds and Allocation of Funds Between Budget Items
Grantee shall expend grant funds consistent with the approved NTP, which incorporates by reference the Work Plan. Any revisions to the budget that attempts to shift funds from approved budget items into a different category must be identified in a revised Work Plan within the GMS and approved in advance by RPOSD. RPOSD may withhold payment for items which exceed the amount allocated in the Work Plan which have not received the approval required herein. Any RPOSD approved increase in the funding for any budgeted item may result in a corresponding decrease in the funding for one or more other budgeted items.
Article 6: Project Costs and Reimbursements
RPOSD shall reimburse to Grantee, in accordance with the authorized NTP’s budget, a total amount not to exceed the amount of the NTP, as follows:
A. RPOSD shall reimburse funds for eligible costs incurred to date, up to 90% of the grant amount specified in the NTP, upon the Grantee’s satisfactory progress and upon submission of an electronic claim form(s), which shall be submitted no more frequently than every 45 days. RPOSD shall disburse the final 10% upon the Grantee’s satisfactory completion of the project, submission of required documentation, and approval by RPOSD. Project costs must be incurred within the NTP Performance Period to be eligible for reimbursement.
5 B. Grantee shall request reimbursements by submitting a claim to RPOSD through the GMS and complete all forms and requirements of the claim process. RPOSD will only reimburse for actual costs incurred and verified. The form shall also indicate cumulative expenditures to date and expenditures during the reporting period.
C. Claim for reimbursement must be signed by Grantee’s authorized representative.
Each claim form shall be accompanied by:
1. All receipts and any other source documents for direct expenditures and costs that Grantee seeks reimbursement for.
2. Invoices from vendor(s) that Grantee engaged to complete any portion of the work funded under this Agreement and proof of payment (credit card statement, cleared checks) and any other source documents for costs incurred and expenditures by any such vendor(s), unless RPOSD makes a specific exemption in writing.
D. RPOSD, in its sole discretion, may deny reimbursement requests that do not comply with reimbursement requirements or lack sufficient documentation.
Article 7: Indirect Overhead Costs
Grantee may request reimbursement of its indirect overhead costs in accordance with the GAM.
Article 8: Project Completion
Grantee shall complete the project by the Performance Period identified in the approved NTP.
Upon completion of a project, Grantee shall provide RPOSD with evidence of completion by submitting:
1. All deliverables specified in the Work Plan, each in a format(s) approved by RPOSD (for example, paper, digital, photographic);
2. Electronic submission of the final claim;
3. All required documentation as required by RPOSD.
6 Article 9: Deed Restriction
Grantee shall cause to be recorded on the title of any real property acquired and/or developed with funds from the Measure, a deed restriction requiring compliance with the Measure A resolution, in perpetuity consistent with the applicable provisions in the GAM.
Article 10: Funding Acknowledgement
Grantee is required to acknowledge RPOSD’s financial assistance for each project that has been awarded funding consistent with the conditions set forth in the GAM, which may include, without limitation: (1) printed and promotional materials, (2) social media, and (3) project signage.
Article 11: Severability
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable.
Article 12: Change of Use/Disposal
To use the property only for the purposes of Measure A and to make no other use, sale, or disposition of the property, except as described in Paragraph (A).
(A) If the use of the property acquired through grants pursuant to this resolution is changed to one other than a use permitted under the category from which the funds were provided, or the property is sold or otherwise disposed of, an amount equal to the (1) amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the portion of such property acquired, developed, improved, rehabilitated or restored with the grant, whichever is greater, shall be used by the recipient for a purpose authorized in that category or shall be reimbursed to the Parks Fund and shall be available for a use authorized in that category.
If the property sold or otherwise disposed of is less than the entire interest in the property originally acquired, developed, improved, rehabilitated or restored with the grant, an amount equal to the proceeds or the fair market value of the property interest sold or otherwise disposed of, whichever is greater, shall be used by the Grantee for a purpose authorized in that category or shall be reimbursed to the Parks Fund and be available for a use authorized in that category. Nothing in this Section shall limit a Public Agency from transferring property acquired pursuant to this order to the National Park Service or the State Park System, with or without consideration.
7 In either instance, Grantee must provide documentation to RPOSD detailing the benefits that the disposal or partial disposal of property will provide to the residents of Los Angeles County, consistent with Measure A.
Article 13: Community Outreach and Engagement
Grantee must conduct community outreach and engagement that meet the minimum requirements, as defined in the GAM, with the intent to ensure that communities throughout Los Angeles County are aware of and can help determine spending priorities for their projects, and to facilitate a transparent process by which agencies report use of Measure A funds.
Article 14: Indemnification and Hold Harmless
Grantee shall indemnify, defend and hold RPOSD, its officers, and employees harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the performance of this Contract or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, or activity by the Grantee; and from all costs and expenses, including attorney’s fees, in any action or liability arising under this Contract or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, or activity by the Grantee. RPOSD shall have no liability for any debts, liabilities, deficits, or cost overruns of the Grantee. Grantee and RPOSD agree that the liability of the RPOSD hereunder shall be limited to the payment of the grant monies pursuant to the terms and conditions of this Agreement and the GAM. Any contracts entered into, or other obligations or liabilities incurred by, Grantee in connection with the Project or otherwise relating to this Agreement shall be the sole responsibility of Grantee, and RPOSD shall have no obligation or liability whatsoever thereunder or with respect thereto.
Article 15: Performance and Development
A. Grantee agrees to promptly submit any reports or documentation that RPOSD may request.
B. If the project described in the approved NTP includes development, Grantee shall ensure that projects adhere to environmental and sustainability efforts consistent with the Safe, Clean Neighborhood Parks, Healthy Communities and Urban Greening Program; Natural Lands, Open Spaces and Local Beaches, Water Conservation and Watershed Protection Program; Regional Recreation Facilities, Multi-Use Trails and Accessibility Program. Examples including but are not limited to: sustainability, cost- saving energy efficiency, weatherization, stormwater capture, water efficiency, including irrigation efficiency, use of reclaimed water or stormwater, and use of climate and site appropriate native California tree and plant materials.
8 C. If the project described in the approved NTP includes acquisition of real property, Grantee agrees to furnish RPOSD with evidence of title, such as preliminary title reports. RPOSD, at its sole discretion, shall determine whether the evidence is acceptable under this Agreement. Grantee agrees in negotiated purchases to correct, prior to or at the close of escrow, any defects of title that in the opinion of RPOSD might interfere with the operation of the Project. In condemnation actions, such title defects must be eliminated by the final judgment.
Article 16: Amendments
As provided herein, no amendment (including without limitation, deletions) of any of the terms or conditions of the Agreement will be effective unless provided in writing signed by all parties. It is the responsibility of Grantee to ensure that any person who signs an amendment on its behalf is duly authorized to do so.
Article 17: Compliance with Laws
Grantee shall at all times comply with all applicable federal, state and local laws, statutes, rules, regulations, ordinances, directives, guidelines, and policies and procedures.
Article 18: Governing Law, Jurisdiction, and Venue
This Agreement will be governed by, and construed in accordance with, the laws of the State of California. Grantee agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder will be exclusively in the County of Los Angeles.
Article 19: Notices
All notices permitted or required to be given under this Agreement shall be in writing by mail with an email copy to [email protected].
Article 20: Audits, Accounting, Records
A. Grantee agrees to maintain accurate and complete financial records of its activities and operations relating to this Agreement and for each executed NTP in accordance with generally accepted accounting principles.
B. Grantee also agrees to retain such financial accounts, documents and records for a minimum of five (5) years following completion of each project.
9 C. Grantee and RPOSD agree that during regular office hours, RPOSD or its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto. Grantee agrees to maintain, and make available for RPOSD inspection, accurate records of all its costs, reimbursements and receipts with respect to its activities under this Agreement.
At any time during the term of this Agreement or at any time within five years after termination of this Agreement, authorized representatives of RPOSD may conduct an audit of Grantee for the purpose of verifying appropriateness and validity of expenditures that Grantee has submitted to RPOSD for reimbursement under the terms of this Agreement.
D. Grantee, within thirty (30) days of notification that an audit has resulted in the exception of expenditures, may dispute the audit findings in writing to RPOSD and provide RPOSD with records and/or documentation to support the expenditure claims.
RPOSD shall review this documentation and make a final determination as to the validity of the expenditures.
E. If Grantee has received all grant monies prior to the audit, or if remaining grant monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, Measure A or the GAM, Grantee shall pay RPOSD an amount equal to these expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the reason for the disallowance.
Article 21: Computer Software
Grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this Agreement, RPOSD funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.
Article 22: Nondiscrimination
Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence in the use of any property or facility acquired or developed pursuant to this Agreement.
Article 23: Independent Capacity
This Agreement is by and between RPOSD and Grantee and is not intended to create the relationship of agent, servant, employee, partnership, joint venture, or association, as
10 between RPOSD and Grantee. The employees and agents of one party must not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.
Article 24: Assignment
Grantee shall not assign, exchange, transfer, or delegate its rights or duties under this Agreement, whether in whole or in part, without the prior written consent of RPOSD, in its discretion.
Article 25: Good Standing
Good Standing is required of Grantees to receive any grant funds and processing of claims from RPOSD.
Article 26: Timeliness
Time is of the essence in this Agreement.
Article 27: Publicity of Project Information
Grantee shall give RPOSD the right and opportunity to use information gained from a project described in the approved NTP.
A. Grantee agrees to utilize best efforts to provide a minimum of 30 days’ notice of the project grand openings, inauguration, dedications, significance, and completion to RPOSD staff and to the County Supervisor’s Office in which the project described in a work plan is located, as well as to other appropriate public officials.
B. Grantee shall provide quality digital photographs of the pre-construction site and completed project described in the work plan to RPOSD. If unable to provide digital photographs (collectively, “Photographs”) then Grantee shall provide quality printed Photographs of the completed project described in the work plan.
Article 28: Authorization Warranty
Grantee represents and warrants that the person executing this Agreement on behalf of Grantee is an authorized agent who has actual authority to bind Grantee to each and every term, and condition, and obligation of this Agreement and that all requirements of the Grantee have been fulfilled to provide such actual authority.
11 Article 29: Conflict of Interest
A. No RPOSD employee whose position with RPOSD enables such employee to influence the award of this Agreement or any subsequent NTP, and no spouse or economic dependent of such employee, shall be employed in any capacity by Grantee or have any other direct or indirect financial interest in this Agreement. No officer or employee of Grantee who may financially benefit from the performance of work hereunder shall in any way participate in RPOSD's approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence RPOSD's approval or ongoing evaluation of such work.
B. Grantee shall comply with all conflict of interest laws, ordinances, and regulations now in effect, or hereafter to be enacted, during the term of this Agreement. Grantee warrants that it is not now aware of any facts that create a conflict of interest. If Grantee hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to RPOSD. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances.
Failure to comply with the provisions of this Article 30 shall be a material breach of this Agreement.
Article 30: Validity
If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby.
Article 31: Waiver
No waiver by RPOSD of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of RPOSD to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The rights and remedies set forth in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
Article 32: Long Term Obligations
A. With the written consent of RPOSD, Grantee may transfer property acquired with funds granted under this Agreement to another public agency; to a nonprofit organization authorized to acquire real property for park, wildlife, recreation, community, open space, or gang prevention and intervention purposes; or to the California Department of Parks and Recreation, National Park Service, or the US Forest Service, at de minimis cost, provided that approval by RPOSD is obtained prior to the
12 change and any such successor to the recipient assumes the obligations imposed under the Measure and to accept assignment of this Agreement. Under these conditions, Grantee shall not be required to reimburse RPOSD. Any such transfer must require the nonprofit or public entity acquiring the property to enter into a written contract with RPOSD and agree to comply with the terms of Measure A and this Agreement.
B. Grantee agrees to provide for reasonable public access to lands acquired in fee with grant monies, including the provision of parking and public restrooms, except when that access may interfere with resource protection.
C. All facilities shall be open to members of the public generally, as noted in the GAM.
Grantee agrees that property and facilities acquired or developed with Measure A funds as per this Agreement shall be available for inspection upon RPOSD’s request, in perpetuity.
D. Grantee agrees to maintain and operate in perpetuity the property acquired, developed, rehabilitated or restored with grant monies, subject to the provisions of Measure A and this Agreement.
E. Grantee agrees to take all reasonable measures to actively oppose, at its sole expense, any proposal or attempt to act upon, exercise, or assert claims as to reserved rights to the grant funded property that are contrary to the purposes of Measure A, GAM and/ or this Agreement, including but not limited to oil, gas, and other hydrocarbon substances; minerals; water; and/or riparian resources. The above notwithstanding, Grantee has no obligation hereunder to initiate litigation challenging any project or proposal based on a reserved right lawfully recorded against the grant funded property in real property records maintained by the Los Angeles County Recorder’s Office.
Article 33: Breach
A. Grantee agrees that compliance with the terms of this Agreement will have significant benefits to Los Angeles County and its constituents. Because such benefits exceed the amount of funds furnished under these provisions, Grantee agrees that any breach would result in incalculable loss, and therefore, any payment by the Grantee to RPOSD of an amount equal to the amount of the funds would be inadequate compensation.
In the event that Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, RPOSD may elect to enforce any and all remedies available at law or in equity, including without limitation, any of the following:
1. Prior to reimbursement of funds:
a. Withdrawal of an approved NTP;
2. After payment (partial or full) of a specific project approved through an NTP:
a. Seek specific performance of Grantee’s obligations under this Agreement;
13 b. Receive reimbursement of grant funds awarded under the NTP.
B. If RPOSD brings an action to enforce the terms of this Agreement, Grantee shall be responsible to pay RPOSD’s attorney’s fees and costs, including expert witness costs, if RPOSD prevails in said action.
C. The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies available at law or in equity. In the event RPOSD must pursue any remedy hereunder and is the substantially prevailing party, RPOSD shall be awarded its costs and reasonable legal fees, including costs of collection.
Article 34: NTP Termination
RPOSD may withdraw, in whole or in part, an NTP and/or terminate this Agreement, and/or seek a refund of payments already made if RPOSD determines in its discretion that:
1. Facts have arisen, or situations have occurred, that fundamentally alter the expectations of the parties or make the purposes for an NTP or grant funds approved as contemplated infeasible or impractical;
2. Any material modifications in the scope or nature of a project have occurred from that which was presented in the NTP and such material modifications have not received the prior written approval of RPOSD;
3. Any statement or representation made by Grantee in the NTP, the grant status update report, and back up documents, or is otherwise untrue, inaccurate or incomplete in any material respect;
4. The results of RPOSD’s review of the grant status update report are not acceptable to RPOSD;
5. The project described in the NTP will not or cannot be completed by the NTP Performance Period or any extensions granted thereto or delays in the implementation of the project have occurred which, in RPOSD’s judgment, make the project impracticable;
6. Title to or encumbrances against the property are or become such that the Grantee is unable to complete the project described in the NTP and/or the property becomes unavailable for public use.
Article 35: Regulatory Requirements
A. Grantee will not enter into any contract, agreement, lease or similar arrangement, or agree to any amendment or modification to an existing contract, agreement, lease or
14 similar arrangement, that in RPOSD’s opinion, violates federal regulations restricting the use of funds from tax-exempt bonds. Any proposed operating contracts, leases, concession contracts, management contracts or similar arrangements with non- governmental entities that restrict the public use of the project site for (30) thirty consecutive days or more, must be reviewed by RPOSD prior to awarding as they relate to the project or project site in perpetuity. Any such contracts in existence must be disclosed prior to construction.
B. Grantee (or its representative) shall comply as lead agency with the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et. seq.
CEQA documents must be recorded with and stamped by the Los Angeles County Registrar Recorder.
Grantee shall add RPOSD to the notification list for CEQA requirements as stated in the GAM.
C. Grantee and RPOSD will conform to the requirements of Government Code Section 7920.000, et seq. in making all documents relating to this Agreement, the grant obtained and all other related matters available for public review during regular business hours. If an NTP involves acquisition of property, however, both RPOSD and Grantee may withhold from public review any and all documents exempted under Section 7928.705, prior to completion of said acquisition.
D. If RPOSD is required to defend an action on a Public Records Act request for any of the contents of a Grantee’s submission under the terms and conditions of the Agreement, Grantee agrees to defend and indemnify RPOSD from all costs and expenses, including attorneys’ fees, in any action or liability arising under, or related to, the Public Records Act.
E. In order to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds, notes or other evidences of indebtedness issued for the purpose of providing the grant monies made available in this Agreement, Grantee covenants to comply with each applicable requirement of Section 103 and Sections 141 through 150, inclusive, of the Internal Revenue Code of 1986, as amended. In furtherance of the foregoing covenant, Grantee hereby agrees that it will not, without the prior written consent of RPOSD, (a) permit the use of any portion of the project(s) by any private person or entity, other than on such terms as may apply to the public generally; or (b) enter into any contract for the management or operation of the project or any portion thereof, except with a governmental agency or a nonprofit corporation that is exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
F. Grantee and each County lobbyist or County lobbying firm, as defined in Los Angeles County Code Section 2.160.010, retained by the Grantee, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the