November 18, 2024 City Council Meeting Agenda
AGENDA - 11-18-24 (2).PDF
November 18 City Council Meeting Agenda Packet
CC PACKET - 11-18-24.PDF
1. Documents:
2. Documents:
COUNCIL REGULAR MEETING AGENDA - AMENDED
Tim Hepburn, Mayor
Wendy Lau, Council Member
Steven Frank Johnson, Mayor Pro Tem
Rick Crosby, Council Member
Meshal "Kash" Kashifalghita, Council Member
Monday, November 18, 2024
Closed Session at 5:30 PM
Regular Meeting 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 833-4078-8725 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.
CLOSED SESSION AGENDA - 5:30 PM
CALL TO ORDER
ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Rick AGENDA City Council 11/18/2024 Page 2
Crosby, Council Member Wendy Lau, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
CLOSED SESSION TOPIC
Public Employee Performance Evaluation, Pursuant to Government Code § 54957(b)(1): Title:
City Manager
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.
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 - BROWNIE GIRL SCOUT LUCY COZENS
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.
PRESENTATIONS
Police Department New Hires and Promotions The Police Department will introduce several new and recently promoted employees. These employees include Officer Zach Fidler, Officer Michael McJunkin, Officer Hayley Reyes, and Community Services Officer Daisy Pulido.
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.)
1. City Council Minutes of the Closed and Regular meeting of November 4, 2024.
Recommendation: That the City Council approve the minutes of November 4, 2024.
2. Register of Audited Demands in the amount of $661,809.42, dated 10/30/24.
Recommendation: That the City Council approve the audited demands.
AGENDA City Council 11/18/2024 Page 3
3. Safe Clean Water (Measure W) Transfer Agreement for Receipt of Funds through FY 27-28 and Authorization for City Manager to Execute Documents. This action will authorize the City Manager to execute the attached Transfer Agreement with the Los Angeles County Flood Control District to enable the City to receive and utilize Safe Clean Water (Measure W) funds for stormwater compliance. The agreement is for FY 2023-24 through FY 27-28 and provides approximately $560,000 annually for La Verne's Municipal Stormwater Program.
Recommendation: That the City Council approve, and authorize the City Manager to execute on their behalf, the attached Transfer Agreement with the Los Angeles County Flood Control District Safe Clean Water Program (Measure W) for Municipal Program funds from FY 23-24 through FY 27-28.
4. Adoption of Resolution Appropriating $1.8 Million of Enhanced Infrastructure Financing District Funds and Authorizing the City Manager to Execute an Agreement with the San Gabriel Valley Council of Governments for Implementation of the Gold Line Transit Oriented Development Pedestrian Bridge Project This appropriation will provide matching funds for the Gold Line Transit Oriented Development Pedestrian Bridge Project, approve an agreement with the San Gabriel Valley Council of Governments to continue to serve as lead on the design and construction of the Project, and authorize the City Manager to execute related documents and amendments.
Recommendation: That the City Council:
1. Appropriate $1,800,000 in Enhanced Infrastructure Financing District Funds to the Gold Line Transit Oriented Development Pedestrian Bridge Project;
2. Approve the attached Agreement Regarding the Design and Construction of the Gold Line Transit Oriented Development Pedestrian Bridge by the San Gabriel Valley Council of Governments on Behalf of the City of La Verne; and
3. Authorize the City Manager to execute any related documents or amendments, subject to review by the City Attorney.
5. CalOES Hazard Mitigation Assistance Grant Program Resolution The City of La Verne was awarded $164,295 in grant funding through the Governor's Office of Emergency Services (CalOES) from the Hazard Mitigation Grant Program to update the Local Hazard Mitigation Plan.
The grant requires that the City Council adopt a resolution to accept the federal funding for this program.
Recommendation: That the City Council approve a Resolution entitled, "A RESOLUTION OF
THE CITY COUNCIL, CITY OF LA VERNE, CALIFORNIA, DESIGNATING ITS AGENTS FOR THE PURPOSE OF APPLYING FOR FEDERAL FINANCIAL ASSISTANCE".
PUBLIC HEARINGS
6. Adoption of an Urgency Ordinance Establishing Minimum Densities in the Mixed-Use 1 and Mixed-Use 2 Districts of the Old Town La Verne Specific Plan and Determination that the Ordinance is Exempt from the California Environmental Quality Act. This Urgency Ordinance proposes the adoption of minimum density requirements within the Mixed-Use 1 and Mixed-Use 2 districts of the Old Town La Verne Specific Plan. The purpose is to ensure that developments meet state housing requirements, support housing element objectives, and contribute to the city’s long-term vision for economic and residential growth in Old Town La Verne. Additionally, City Council is requested to determine that the item is exempt as it does not AGENDA City Council 11/18/2024 Page 4
qualify as a project per CEQA section 15378(b)(5) and section 15061(b)(3), the commonsense exemption that it can be seen with certainty that it will not create an environmental impact on the environment.
Recommendation: That the City Council, through a 4/5 vote, adopt the Urgency Ordinance establishing the minimum densities in the Mixed-Use 1 and Mixed-Use 2 Districts of the Old Town La Verne Specific Plan and determine that the Urgency Ordinance is Exempt from the California Environmental Quality Act per sections 15378(b)(5) and 15061(b)(3) and the City’s environmental guidelines.
OTHER MATTERS
7. Parks & Recreation Master Plan Update Award of Contract.
The City of La Verne’s Parks and Recreation Master Plan, last updated in 2006, is due for a comprehensive update to reflect the City’s growth and evolving community needs. After a thorough request for proposals (RFP) process, the City has identified KTU & A Planning and Landscape Architecture (KTUA) as the most qualified firm to lead this update.
Recommendation: That the City Council authorize the City Manager to execute a Professional Services Agreement, and any amendments related thereto, with KTUA, at prices bid, with an estimated cost of $274,120, for the update of the Parks and Recreation Master Plan.
8. Christmas Morning Parade Route Designation and Authorization of Paid Stipend Incentive for Employee Participation. Since 1925, the Christmas Morning event has been held in which Santa is driven through the streets of La Verne accompanied by emergency vehicles signaling a time for neighbors to share the tidings of the season together. This year, the City Council is asked to approve designating all streets as a parade route and authorize a paid stipend for full and part-time participating City staff in order to facilitate the event.
Recommendation: That the City Council designate the streets in the City of La Verne as a parade route on Wednesday, December 25, 2024, from 7:00 a.m. through 2:00 p.m. to complete the Christmas Morning Parade program and authorize the provision of a $500 stipend to participating full and part-time City staff.
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.
ADJOURNMENT
AGENDA City Council 11/18/2024 Page 5
HAPPY THANKSGIVING FROM THE LA VERNE CITY COUNCIL!
THE NEXT MEETING OF THE LA VERNE CITY COUNCIL IS MONDAY, DECEMBER 2, 2024. THE STUDY SESSION AND OR CLOSED SESSION REGULARLY SCHEDULED TO START AT 5:30 P.M. IS CANCELED DUE TO THE ANNUAL TREE LIGHTING CEREMONY AT 6:00 P.M. THE REGULAR MEETING WILL START AT 6:30 P.M.
CAROLERS & SANTA CLAUS ARE EXPECTED TO ATTEND!
AGENDA City Council 11/18/2024 Page 6
RESIDENT INFORMATION
UPCOMING EVENTS AND MEETINGS
Tuesday, November 19 - Ad Hoc Water And Sewer Rate Study Committee meeting, City Hall, 6:00 pm
Monday, December 2 - Old Town La Verne Business Improvement District meeting, Café Wang, 8:30 am - 9:30 am
Monday, December 2 - City Council meeting, City Hall Council Chamber, 5:30 pm
Monday, December 2 - Tree Lighting Ceremony, City Hall, 6:00 pm
Tuesday, December 3 - Development Review Committee meeting, City Hall, 9:00 am - 10:00 am
Saturday, December 7 - Brunch with Santa and Friends, Community Center, 10:00 am - 1:00 pm
Monday, December 9 - Senior Movie Matinee, Community Center, 12:30 pm
Tuesday, December 10 - Youth & Family Action Committee meeting, City Hall, 5:00 pm
Wednesday, December 11 - Public Financing Authority (EIFD) meeting, City Hall, 9:00am - 10:00 am
Saturday, December 14 - Winter Wonderland, Heritage Park, 9:00 am -1:00 pm
Monday, December 16 - City Council meeting, City Hall, Council Chamber, 5:30 pm
Saturday, December 21 - Household Hazardous Waste Collection Event - LA County, Bracket Field Airport, Fairplex Drive & West McKinley Ave., 9:00 am - 3:00 pm
Posting Statement: A true and amended copy of this Agenda was posted on November 12, 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, Monday, November 18, 2024
Agenda 1
Agenda Items
Presentation
Police Department Promotions and New Hires
1. Council Minutes of the November 4, 2024, meeting 7
2. Registers of Audited Demands 13
3. Safe Clean Water (Measure W)Transfer Agreement for receipt of Funds FY 27-28 16
4. Reso Appropriating $1.8 Million of EIFDFunds for Pedestrian Bridge Project 32
5. Reso CALOES Hazard Mitigation Assistance Grant Program 52
6. Urgency Ordinance Establishing Minimum Densities in the Mixed-Use 1 & 2 Districts 56
7. Parks & recreation Master Plan Update Award of Contract 64
8. Christmas Parade Route Designation & Authorization of Paid Stipend incentive for Employees 141
COUNCIL REGULAR MEETING AGENDA - AMENDED
Tim Hepburn, Mayor
We
ndy Lau, Council Member
Steven Frank Johnson, Mayor Pro Tem
Ri
ck Crosby, Council Member
Meshal "Kash" Kashifalghita, Council Member
Monday, November 18, 2024
Closed Session at 5:30 PM
Regular Meeting 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 833-4078-8725 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.
CLOSED SESSION AGENDA - 5:30 PM
CALL TO ORDER
ROLL CALL Coun
cil Member Meshal “Kash” Kashifalghita, Council Member Rick
AGENDA City Council 11/18/2024 Page 2
Crosby, Cou
ncil Member Wendy Lau, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
CLOSED SESSION TOPIC
Public Employee Performance Evaluation, Pursuant to Government Code § 54957(b)(1): Title:
City Manager
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.
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 - BROWNIE GIRL SCOUT LUCY COZENS
ROLL CALL Coun
cil Member Meshal “Kash” Kashifalghita, Council Member Rick Crosby, Council Member Wendy Lau, Mayor Pro Tem Steven F. Johnson, and Mayor Tim Hepburn.
PRESENTATIONS
Police Department New Hires and Promotions The Police Department will introduce several new and recently promoted employees. These employees include Officer Zach Fidler, Officer Michael McJunkin, Officer Hayley Reyes, and Community Services Officer Daisy Pulido.
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.)
1. City Council
Minutes of the Closed and Regular meeting of November 4, 2024.
Recomm
endation: That the City Council approve the minutes of November 4, 2024.
2. Register of Audited
Demands in the amount of $661,809.42, dated 10/30/24.
Recomm
endation: That the City Council approve the audited demands.
AGENDA City Council 11/18/2024 Page 3
3. Safe Clean Water (Mea
sure W) Transfer Agreement for Receipt of Funds through FY 27-28 and Authorization for City Manager to Execute Documents. This action will authorize the City Manager to execute the attached Transfer Agreement with the Los Angeles County Flood Control District to enable the City to receive and utilize Safe Clean Water (Measure W) funds for stormwater compliance. The agreement is for FY 2023-24 through FY 27-28 and provides approximately $560,000 annually for La Verne's Municipal Stormwater Program.
Recomm
endation: That the City Council approve, and authorize the City Manager to execute on their beh
alf, the attached Transfer Agreement with the Los Angeles County Flood Control District Safe Clean Water Program (Measure W) for Municipal Program funds from FY 23-24 through FY 27-28.
4. Adoptio
n of Resolution Appropriating $1.8 Million of Enhanced Infrastructure Financing District Funds and Authorizing the City Manager to Execute an Agreement with the San Gabriel Valley Council of Governments for Implementation of the Gold Line Transit Oriented Development Pedestrian Bridge Project This appropriation will provide matching funds for the Gold Line Transit Oriented Development Pedestrian Bridge Project, approve an agreement with the San Gabriel Valley Council of Governments to continue to serve as lead on the design and construction of the Project, and authorize the City Manager to execute related documents and amendments.
Recomm
endation: That the City Council:
1. Appropriate $1,800,000 in Enhanced Infrastructure Financing District Funds to the Gold Line Transit Oriented Development Pedestrian Bridge Project;
2. Approve the attached Agreement Regarding the Design and Construction of the Gold Line Transit Oriented Development Pedestrian Bridge by the San Gabriel Valley Council of Governments on Behalf of the City of La Verne; and
3. Authorize the City Manager to execute any related documents or amendments, subject to review by the City Attorney.
5. CalOES Hazard Mitigatio
n Assistance Grant Program Resolution The City of La Verne was awarded $164,295 in grant funding through the Governor's Office of Emergency Services (CalOES) from the Hazard Mitigation Grant Program to update the Local Hazard Mitigation Plan.
The grant requires that the City Council adopt a resolution to accept the federal funding for this program.
Recomm
endation: That the City Council approve a Resolution entitled, "A RESOLUTION OF
THE CITY
COUNCIL, CITY OF LA VERNE, CALIFORNIA, DESIGNATING ITS AGENTS FOR THE PURPOSE OF APPLYING FOR FEDERAL FINANCIAL ASSISTANCE".
PUBLIC HEARINGS
6. Adoptio
n of an Urgency Ordinance Establishing Minimum Densities in the Mixed-Use 1 and Mixed-Use 2 Districts of the Old Town La Verne Specific Plan and Determination that the Ordinance is Exempt from the California Environmental Quality Act. This Urgency Ordinance proposes the adoption of minimum density requirements within the Mixed-Use 1 and Mixed-Use 2 districts of the Old Town La Verne Specific Plan. The purpose is to ensure that developments meet state housing requirements, support housing element objectives, and contribute to the city’s long-term vision for economic and residential growth in Old Town La Verne. Additionally, City Council is requested to determine that the item is exempt as it does not
AGENDA City Council 11/18/2024 Page 4
qual
ify as a project per CEQA section 15378(b)(5) and section 15061(b)(3), the commonsense exemption that it can be seen with certainty that it will not create an environmental impact on the environment.
Recomm
endation: That the City Council, through a 4/5 vote, adopt the Urgency Ordinance establi
shing the minimum densities in the Mixed-Use 1 and Mixed-Use 2 Districts of the Old Town La Verne Specific Plan and determine that the Urgency Ordinance is Exempt from the California Environmental Quality Act per sections 15378(b)(5) and 15061(b)(3) and the City’s environmental guidelines.
OTHER MATTERS
7. Parks
& Recreation Master Plan Update Award of Contract.
The City of La Verne’s Parks and Recreation Master Plan, last updated in 2006, is due for a comprehensive update to reflect the City’s growth and evolving community needs. After a thorough request for proposals (RFP) process, the City has identified KTU & A Planning and Landscape Architecture (KTUA) as the most qualified firm to lead this update.
Recomm
endation: That the City Council authorize the City Manager to execute a Professional Services Agre
ement, and any amendments related thereto, with KTUA, at prices bid, with an estimated cost of $274,120, for the update of the Parks and Recreation Master Plan.
8. Christmas
Morning Parade Route Designation and Authorization of Paid Stipend Incentive for Employee Participation. Since 1925, the Christmas Morning event has been held in which Santa is driven through the streets of La Verne accompanied by emergency vehicles signaling a time for neighbors to share the tidings of the season together. This year, the City Council is asked to approve designating all streets as a parade route and authorize a paid stipend for full and part-time participating City staff in order to facilitate the event.
Recomm
endation: That the City Council designate the streets in the City of La Verne as a parad
e route on Wednesday, December 25, 2024, from 7:00 a.m. through 2:00 p.m. to complete the Christmas Morning Parade program and authorize the provision of a $500 stipend to participating full and part-time City staff.
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.
ADJOURNMENT
AGENDA City Council 11/18/2024 Page 5
HAPPY THANKSGIVING FROM THE LA VERNE CITY COUNCIL!
THE NEXT MEETING OF THE LA VERNE CITY COUNCIL IS MONDAY, DECEMBER 2, 2024. THE STUDY SESSION AND OR CLOSED SESSION REGULARLY SCHEDULED TO START AT 5:30 P.M. IS CANCELED DUE TO THE ANNUAL TREE LIGHTING CEREMONY AT 6:00 P.M. THE REGULAR MEETING WILL START AT 6:30 P.M.
CAROLERS & SANTA CLAUS ARE EXPECTED TO ATTEND!
AGENDA City Council 11/18/2024 Page 6
RESIDENT INFORMATION
UPCOMING EVENTS AND MEETINGS
Tuesday, November 19 - Ad Hoc Water And Sewer Rate Study Committee meeting, City Hall, 6:00 pm
Monday, December 2 - Old Town La Verne Business Improvement District meeting, Café Wang, 8:30 am - 9:30 am
Monday, December 2 - City Council meeting, City Hall Council Chamber, 5:30 pm
Monday, December 2 - Tree Lighting Ceremony, City Hall, 6:00 pm
Tuesday, December 3 - Development Review Committee meeting, City Hall, 9:00 am - 10:00 am
Saturday, December 7 - Brunch with Santa and Friends, Community Center, 10:00 am - 1:00 pm
Monday, December 9 - Senior Movie Matinee, Community Center, 12:30 pm
Tuesday, December 10 - Youth & Family Action Committee meeting, City Hall, 5:00 pm
Wednesday, December 11 - Public Financing Authority (EIFD) meeting, City Hall, 9:00am - 10:00 am
Saturday, December 14 - Winter Wonderland, Heritage Park, 9:00 am -1:00 pm
Monday, December 16 - City Council meeting, City Hall, Council Chamber, 5:30 pm
Saturday, December 21 - Household Hazardous Waste Collection Event - LA County, Bracket Field Airport, Fairplex Drive & West McKinley Ave., 9:00 am - 3:00 pm
Posting Statement: A true and amended copy of this Agenda was posted on November 12, 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 COUNCIL
MEETING OF THE LA VERNE CITY COUNCIL
MONDAY, NOVEMBER 4, 2024
ACTION MINUTES
“see items in italics”
CLOSED SESSION AGENDA - 5:30 PM - Meeting called to order at 5:30 PM.
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.
Council Members present: Crosby, Lau, Kashifalghita, Johnson and Hepburn.
Absent: None
Advisory Staff Present: City Manager Ken Domer, Assistant City Manager JR Ranells, City Attorney Kimberly Hall Barlow, and Assistant City Attorney Lisa Kranitz (via remote).
City Attorney Hall Barlow read the closed session items for the record. It is not anticipated to have any reportable action result from the closed session.
Negotiations Conference with Labor Negotiators, pursuant to Government Code Section 54957.6:
Negotiators: City Manager, Assistant City Manager, and 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.
Significant exposure to litigation Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): 1 case.
Recessed to Closed Session at 5:32 pm
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 – Meeting called to order 6:36 PM PLEDGE OF ALLEGIANCE by Eleni Glentis, Brownie Troop #7221 Council Member Kashifalghita on behalf of the City Council, presented Ms. Glentis with a Pride of La Verne Certificate of Recognition.
Council Packet - November 18, 2024
MINUTES City Council 11/4/2024 Page 2
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.
Council Members present: Crosby, Lau, Kashifalghita, Johnson and Hepburn.
Absent: None
Advisory Staff Present: City Manager Ken Domer, City Attorney Kimberly Hall Barlow, and Assistant City Manager, JR Ranells.
PRESENTATIONS
Police Department New Hires and Promotions. The Police Department will introduce several new and recently promoted employees. These employees include Lieutenant Joshua Wells, Sergeant Francisco Cambero, Officer Adriana Ratiu, Communications Officer Elizabeth Canu, Communications Officer Elizabeth Stilgenbauer, Communications Officer Kristin Rumbin, Cadet Charles Sorbel, and Cadet Alyssa Reedy.
Police Chief Gonzalez introduced and read a short biography for each of the new hires and recently promoted staff.
Spark of Love. Our annual Spark of Love Toy Drive will run from November 11 until December 13! We will be accepting new, unwrapped toy, sporting goods, and gift card donations at all three La Verne Fire Stations, City Hall, and the Community Center.
Starting November 12, La Verne families in need this holiday season may apply to receive toys at www.lavernefire.org/sparkoflove
Fire Chief Nigg spoke on the upcoming Spark of Love Toy Drive. This annual event has been happening for over 40 years, and has collected nearly 11 million toys to date. Your donations directly support families here in La Verne.
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.)
Mayor Hepburn encouraged any La Verne resident that hasn’t completed the Community Survey to get your submission in by November 8th, as this information will assist City Council as they prepare for the 2025 Strategic Planning process, we want your voice to be heard. As a bonus, residents who complete the survey can be entered into a raffle.
Two names were pulled for raffle prizes: Christy Shipley and Sharon Norman.
Public comments were received from: Marissa Castro Salvati, Southern California Edison, Cameron Griffin, Interim Government Relations Manager, Adrian Ramiro, Library Director, Raymond Swain, Sewer and Water Ad Hoc Committee Chair, Sherry Best, La Verne Historical Society President.
Council Packet - November 18, 2024
MINUTES City Council 11/4/2024 Page 3
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.) Public comments were received from: Sherry Best, supporting item 6 and thanking the City for working with the La Verne Historical Society regarding wood from heritage trees and for the donation of the street signs.
It was moved by Crosby, seconded by Johnson, and approved 5-0.
1. City Council Minutes of the meeting of October 21, 2024.
Recommend
ation: That the City Council approve the minutes of October 21, 2024. Approved
2. Register of Audited Demands in the following amounts: of
1. $2,080,422.02 dated 10/09/24
2. $1,146,125.09 dated 10/16/24
3. $2,403,798.92 dated 10/23/24
Recommendation: That the City Council approve the audited demands. Approved
3. Adoption of an Ordinance Setting Speed Limits Proposed by the 2024 Engineering and Traffic Survey Local speed limits are established by findings of an engineering study pursuant to California Vehicle Code Division 11, Chapter 7. The City recently conducted an engineering and traffic survey to set local speed limits which it does via an Ordinance. This item adopts an Ordinance setting speed limits for the City.
Recommendation: That City Council adopt an Ordinance titled, “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, STATE OF CALIFORNIA, RESCINDING ORDINANCE NO. 1066 AND SETTING LOCAL SPEED LIMITS.” Approved
4. 2023 Homeland Security Program Subrecipient Agreement & Appropriation of Funds The City of La Verne was awarded $118,500 in grant funding through the County of Los Angeles from the State Homeland Security Program (SHSP) for the Police and Fire Departments. The grant requires an agreement between the County and the City before costs will be reimbursed.
Recommendation: That the City Council approve a Resolution entitled, "A RESOLUTION OF
THE CITY COUNCIL, CITY OF LA VERNE, CALIFORNIA, AUTHORIZING EXECUTION OF
SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF LA VERNE, GRANT YEAR 2023 STATE HOMELAND SECURITY GRANT PROGRAM AND AMENDING FISCAL YEAR 2024-25 ADOPTED BUDGET IN THE AMOUNT OF $118,500." Approved
5. Adoption of a Resolution Approving Membership in the California Enterprise Development Authority and Authorizing the Execution of an Associate Membership Agreement This item considers the approval of a Resolution for membership in the California Enterprise Development Authority (CEDA) and authorizes the City Manager to execute the Associate Membership Agreement allowing for the City to serve as a conduit issuer of various types of tax-exempt bond financing for businesses seeking to locate in the City of La Verne, with no financial obligation of the City.
Council Packet - November 18, 2024
MINUTES City Council 11/4/2024 Page 4
Recommendation: That the City Council adopt a Resolution titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, STATE OF CALIFORNIA, APPROVING
ASSOCIATE MEMBERSHIP IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT." Approved
6. Authorize Donation of Surplus Wood from Significant City Trees and Surplus Street Signs to La Verne Historical Society This administrative authority allows for the donation of surplus wood from City trees and surplus street signs to enhance the City's partnership with the La Verne Historical Society (LVHS) by providing preservation and funding opportunities which further LVHS and City goals.
Recommend
ation: That the City Council authorize the City Manager to administratively approve donat
ions of surplus wood from City trees and surplus City street signs to the La Verne Historical Society. Approved
OTHER MATTERS
7. Authorizing the Execution of a Side Letter Agreement Amending the Memorandum of Understanding Between the City of La Verne and the La Verne City Employees’ Association Regarding Upcoming Holiday Closures The proposed side letter agreement to the Memorandum of Understanding (MOU) with the La Verne City Employees’ Association (LVCEA) will formalize City Council direction to close non-emergency public facilities in conjunction with the upcoming holiday season of Christmas and New Year’s.
Recommendation: That the City Council:
1. Authorize the City Manager to execute a Side Letter Agreement amending the Memorandum of Understanding between the City of La Verne and the La Verne City Employees’ Association; and
2. Authorize the Closure of City Hall to the public on December 25, December 26, December 30, and December 31, 2024, as well as on January 1 and January 2, 2025; and
3. Authorize the Closure of the Police Department Records Division to the public on December 25, December 26, and December 27, 2024, as well as on January 1, January 2, and January 3, 2025.
Human Resources Analyst Lisette Rodriguez reported on this item.
Public Comments: None
Council Comments: None
It was moved by Lau, seconded by Kashifalghita, and approved by a 5-0 vote.
PUBLIC HEARINGS
8. Resolution A
pproving the Issuance of Tax-Exempt Debt in the form of Industrial Development Bonds Issued by the California Enterprise Development Authority for Financing of Manufacturing Facilities in the City for the Benefit of Aeros Corp. For the
Council Packet - November 18, 2024
MINUTES City Council 11/4/2024 Page 5
purposes of satisfying certain requirements of the Tax and Equity Fiscal Responsibility Act of 1982 (“TEFRA”) and the Internal Revenue Code of 1986 (the “Code”), a public hearing is to be conducted by the City Council to hear and consider information concerning the issuance of tax- exempt debt in the form of Industrial Development Bonds (“IDBs” or “Bonds”) issued by the California Enterprise Development Authority (“CEDA”) in an amount not to exceed $10,000,000 to support Aeros Corp. (“Aeros”) in financing the Aeros manufacturing facility located at Brackett Field in the City of La Verne (the “Project”).
Recommendation: That the City Council conduct a public hearing to satisfy the requirements of the Tax and Equity Fiscal Responsibility Act of 1982 and the Internal Revenue Code of 1986, and upon conclusion, adopt a Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA VERNE, STATE OF CALIFORNIA, APPROVING THE ISSUANCE BY CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF NOT TO EXCEED $10,000,000
AGGREGATE PRINCIPAL AMOUNT OF THE AUTHORITY'S REVENUE BONDS FOR THE BENEFIT OF AEROS CORP. AND/OR A RELATED ENTITY FOR THE PURPOSE OF
FINANCING, REFINANCING AND/OR REIMBURSING THE COST OF MANUFACTURING
FACILITIES, PROVIDING THE TERMS AND CONDITIONS FOR SUCH BONDS AND OTHER MATTERS RELATING THERETO HEREIN SPECIFIED."
City Manager Ken Domer introduced Julio Morales with the Kosmont Companies who reported on this item, as well as Irene Ramirez, Representative for Aeros Corporation.
Public Comments: None
Council Comments: None
It was moved by Crosby, seconded by Kashifalghita, and approved by a 5-0 vote.
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: There were none.
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 Member Lau reported on the success of the University of La Verne’s annual golf tournament for student scholarships, over $100,000 was raised. Tri-City Mental Health held its Executive Director search, the final candidates were interviewed and we are in discussions to move
Council Packet - November 18, 2024
MINUTES City Council 11/4/2024 Page 6
forward soon. Thank you to all that participated in the Halloween events. Community Services always does a great job. Quick reminder Election Day is tomorrow, please exercise your right to vote.
Council Member Crosby thanked our Fire Department for their handling of the brush fire yesterday, and keeping our residents safe, and the Police Department for making sure our streets were available for the Fire Department, and all our first responders. The Band of Brothers are colleting to be able to honor when honor is due. The goal is to raise $100,000, so far they’ve raised over $40,000 for three bronze statues. Donations can go to the VFW Post #12034. Hope to see everyone at the Veterans Day ceremony. The November YFAC meeting is postponed to December 10th, due to the Thanksgiving holiday. Thank you to the excellent Community Services department for the Special Needs Dance, I really appreciate our City and what they do for all of our residents.
Council Member Kashifalghita, I want to take this time to honor the men and women who have served in our Armed Forces and the sacrifices they made to protest the freedoms we all hold dear.
Veterans Day is a day to reflect on the extraordinary courage and dedication of our Veterans, and to express our profound gratitude for their service to our Country. Also, please remember the men and women who have not come home, our Missing in Action and Prisoners of War.
Mayor Pro Tem Johnson, please get out and vote, if you haven’t. Looking forward to the next Youth Sports Committee meeting and the Girls Softball.
Mayor Hepburn it important to get out and vote, there’s plenty of places to do it, if your registered, get out there and do your constitutional right to vote. This past Wednesday we had the 30th Anniversary of the San Gabriel Valley Council of Governments, which is comprised of 33 cities, 3 water district municipalities and 2 supervisorial districts. On Thursday I attended the Metro Board on the approval of the $798 million for the extension of the Gold Line, now called the A Line, from Pomona to Montclair, the San Bernardino Transportation Authority was also there, they have about $88 million to add for their little piece of extension, which is the first time ever that LA County is going into San Bernardino County. Gold Line is currently going through the procurement for the contractor. So, hopefully within less than two years construction will be finished. Be careful everyone, its dark out there earlier. Thank you to staff, it takes a village, a lot of preparation to put this all together, we do appreciate our Attorney, City Manager and all the staff.
ADJOURNMENT – at 7:48 PM.
Respectfully submitted,
Debra Fritz, CMC
Deputy City Clerk
Council Packet - November 18, 2024
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
t0t30t2024
FY 2024-202s
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FI,JNDING POLICY AND HAVE BEEN REVIEWED BY THE DIRECTOR FOR ACCURACY
AND PROPER APPROVAL,
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OT}IER T}IAN PAYROLL AND RELATED BENEFITS.
AMOUNT ISSUED TO DESCRIPTION
l.
2. 3.
4. 5.
6. 7.
8. 9.
10. 283,844.77
63,376.33
54,5 t 9.01
40,592.72
35,65 L69
2 I,589.00
I 6,852.33
14,326.97
I 3,907.08
l 3,902.50
t}t,027 .29
WASTEMANAGEMENT
DOTY BROS. CONSTRUCTION COMPANY
GRUBER POWER SERVICES
STRATEGIC CONTRATING SERVICES
MERRIC ENERGY GROIjP
WEST COAST ARBOzuSTS INC
ROGER BASS
OWSLEY ENTERPRISES LLC
LIBERTY COASTAL LLC
CIVILTEC ENGINEERING, INC.
OTHER DEMANDS
OCTOBER 2024 REFUSE SERVICE
WHITE AVE EMERGENCY SEWER REPAIR
PURC}IASE 3I BATTERY MODULES
PAYROLL PERTOD 09/0y24 - 09^4i2024 CONTRACT /SrjppORT STAFF (L.A. CLEAR) PURCTIASE OF REGTJLAR I.JNLEADED 87
TREE MAINTENANCE IO/OI/2024 TO IOII5I2O24
OCTOBER 2024 CONSULTING SERVICE (L.A. CLEAR)
OCTOBER 2024 CONSULTING SERVICE (L.A. CLEAR)
OCTOBER 2024 CONSTJLTING SERVICE (L.A. CLEAR)
AUGUST 2024 SEWER MANAGEMENT PLAN AND GENERAL ENGINEERING SERVICE $ 659,589.69
DEMANDS OF $2,219.73 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I }IEREBY CERTIFY T}IAT THIS IS A TRUE AND ACCURATE REGISTER OF AI,]DITED DEMANDS.
FINANCE DIRECTOR
Page I of3
I
Council Packet - November 18, 2024
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS . EXHIBIT A
CHECK NO. AMOL]NT
FY 2024-2025
r0130t2024
ISSUED TO
17lL28
17 1 129
1 7l 130
171 131
t7 I 132
I7l t33
t7 1 134
171135
l7 1136
17 1137
171 138
17 I 139
17 tt40
17 I 141
17 I 142
l7 I 143
t7 I t44
l7 1 145
t7 1146
17 I 147
I 7l 148
17 I 149
171150
171151
t7 I 152
17il53
r7r 155
r7l t56
t7 1 157
171158
l7l 159
l7 I 160
l71l6l
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
23.82 248.06
760.00
99.99 13,902.50
4,993.90
103.60
350.00
63,376.33
12 1 .03
s.36
382.s7
t,448.17
78s.00
50.34 r 1 1.52
500.00
70.00 1,598.06
75.00 59.36
54.45 250.00
29.41 2,614.03
222.00
77.15 3,547.60
121.17
t,512.65
41.23 424.46
2,660.08
799.26
285.00
478.80
2,307.86
1,267.72
638.40
t23.96
1,452.61
54,5 19.01
I 10.78
485.09
10,656. I 7
45.40 35,651.69
45.6s
I 3,800.50
1,966, l3
283,844.77
2 r ,589.00
t0,166.67
8,937.50
5,613.50
13,907.08
5,355.00
I r,000.00
ARROW TRAILER SUPPLIES, INC.
BLOOMING VIEW
CALIFORNIA PEST MANAGEMENT,INC.
CHARTER COMMI-INICATIONS
CIVILTEC ENGINEERING, INC.
CPAC,INC.
DETAILER'S CHOICE, INC.
DK'S ENTERTAINMENT
DOTY BROS. CONSTRUCTION COMPANY
FACTORY MOTOR PARTS
GAETA, EDUARDOSR.
HI STANDARD AUTOMOTIVE,, LLC
HOLLIDAY ROCK CO.
HOULE, PETER
INMARK
INNOVATION AND TECHNOLOGY DEPT.
JOSE GUTIERREZ
KATHIE ROHEIM
KYOCERA DOCUMENT SOLUTIONS WEST
L.A. COLINTY CLERK
LESLIE'S POOLMART, INC.
LIGHTING INSTYLE
MICHAEL JONES
ODP BUSINESS SOLUTIONS, LLC
PACIFIC PRODUCTS AND SERVICES,LLC
PERMECO
SANDERS LOCK & KEY
TENNIS ANYONE INC.
TURF STAR,INC.
VERIZON WIRELESS
WALTERS WHOLESALE ELECTRIC CO.
WAYNE ELECTRIC COMPANY
WELLS FARGO VENDOR FINANCIAL SVCS
AM-TEC TOTAL SECURITY INC
BEE REMOVERS
CID CLYDE T BERMEO
COYLE, KEVIN
DETROITAUTO BODY
GIRON, ANTHONY
GRAINGER
GREENSCAPE MAINTENANCE SERVICE INC
GRUBER POWER SERVICES
HARCHUT, CYNTHIA
HASA INC
L.N. CURTIS AND SONS
LA VERNE POWER EQUIPMENT
MERRIC ENERGY GROUP
PULIDO, DAISY
RKA CONSULTING GROUP
TURBO DATA SYSTEMS INC
WASTE MANAGEMENT
WEST COAST ARBORISTS INC
CORDRAY ENTERPRISES LLC
DEROIAN VENTURES LLC
GROTIND ZERO TECHNOLOGIES LLC
LIBERTY COASTAL LLC
MARLYN PACHECO LLC
MICHAEL W. TYNES
Council Packet - November 18, 2024
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS. EXHIBIT A
CHECK NO. AMOLTNT
FY 2024-2025
t0/30t2024
ISSUED TO
EFT
EFT
EFT
BANKDRAWN
14,326.97
16,852.33
40,592.72
2,151.28
OWSLEY ENTERPRISES LLC
ROGER BASS
STRATEGIC CONTRATING SERVICES
SO CAL GAS CO
2,219.73 Total LAIMPACT Demands
659,5 89.69
Total Demands 661,809.42
LAIMPACT Law Enforcement Task Force Demands
t7 1 162
I71r63
t7 1 164
I 71 165
MULTIPLE
Total
659.45
761.49
60.00 738.79
BPS TACTICAL,INC.
CBE LOS ANGELES
SOUTHLAND SHREDDING, INC.
STAPLES BUSINESS CREDIT
LAI ENFORCEMENT OPERATIONS
2,219.73
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.
Council Packet - November 18, 2024
City of La Verne,City Council
Agenda Report
DATE: November 18, 2024
TO: Honorable Mayor and City Council
FROM: Meg McWade, Public Works Director
SUBJECT: SAFE CLEAN WATER (MEASURE W) TRANSFER AGREEMENT FOR RECEIPT OF FUNDS THROUGH FY 27-28 AND AUTHORIZATION FOR CITY MANAGER TO EXECUTE DOCUMENTS.
SUMMARY
This action will authorize the City Manager to execute the attached Transfer Agreement with the Los Angeles County Flood Control District to enable the City to receive and utilize Safe Clean Water (Measure W) funds for stormwater compliance. The agreement is for FY 2023-24 through FY 27-28 and provides approximately $560,000 annually for La Verne's Municipal Stormwater Program.
RECOMMENDATION
That the City Council approve, and authorize the City Manager to execute on their behalf, the attached Transfer Agreement with the Los Angeles County Flood Control District Safe Clean Water Program (Measure W) for Municipal Program funds from FY 23-24 through FY 27-28.
DISCUSSION
Measure W was approved by Los Angeles County voters in November 2018. This parcel tax provides approximately $560,000 annually to the City for Municipal Program implementation. To ensure compliance with program guidelines, the City submits an annual work plan detailing how the funds will be spent each year for the following four years. Once both parties have signed the transfer agreement, the District disburses Safe Clean Water (Measure W) funds each year for the term of the four-year transfer agreement. In order to receive funding for the next four years, the attached transfer agreement needs to be executed by the City and submitted to the District.
Once fully executed, the City typically receives its portion of Measure W funding within 45 days.
Over the past three years, annual funding has helped cover the cost of the maintenance of storm drains and implementation of the City's stormwater program. The funds under this agreement will be used to provide for stormwater program implementation, phased installation of trash capture devices in compliance with stormwater regulations, and potential additional monitoring as required by the Regional Board. This is a thirty-year program and execution of updated agreements will be required at approximately four-year intervals to continue receiving the annual funding.
FISCAL ANALYSIS
The City receives approximately $560,000 annually, from the Measure W funds. The term of this agreement is from FY 23-24 through FY 27-28, and the City anticipates receiving
Council Packet - November 18, 2024
Safe Clean Water (Measure W) Transfer Agreement for Receipt of Funds through FY 27-28 and Authorization for City Manager to Execute Documents., Page 2
approximately $2.24 Million during that timeframe to offset the large costs of the mandated stormwater program.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
This report and agreement have been reviewed and accepted by the City Attorney.
ATTACHMENTS
1. City of La Verne and LA Co Flood Control Safe Clean Water Measure W Funds 2024MP42_FY24-25_FY27-28
Coordinated with,
Christy Lopez,
Finance Director
Council Packet - November 18, 2024
TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND LA VERNE AGREEMENT NO. 2024MP42
SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and La Verne, hereinafter referred to as "Municipality." WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code; WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds;
WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to Municipalities.
NOW, THEREFORE , in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. “Annual Plan” means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code. “Days” means calendar days unless otherwise expressly indicated.
“Fiscal Y ear” means the period of twelve (12) months terminating on June 30 of any year. “Safe Clean Water (SCW) Program Payment” means the Municipality's annual allocation of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality. “Y ear” means calendar year unless otherwise expressly indicated.
II. PARTY CONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal Program and the administration and implementation of this Agreement.
Los Angeles County Flood Control District Municipality: La Verne Name: Haris Harouny Name:
Address: 900 S Fremont Ave, Alhambra, CA
91803
Address:
Phone: (626) 300-2620 Phone:
Municipal Program
Agreement No.2024MP42
3660 D Street La Verne, CA 91750
909-596-8741
Meg McWade
Council Packet - November 18, 2024
Email: [email protected] Email:
Either party to this Agreement may change the individual identified as the primary point of contact above by providing written notice of the change to the other party.
III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:
EXHIBIT A – ANNUAL PLAN CONTENTS
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – NATURE-BASED SOLUTIONS (Best Management Practices) EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. MUNICIPAL PROGRAM IMPLEMENTATION
A. The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan shall be submitted not later than 90-days prior to the start of the Fiscal Y ear for which the Plan is prepared.
B. The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code.
C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06.
V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. SCW Program Payments will generally be available for disbursement by December 31, provided a duly executed transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in paragraph B, below; however the District may, in its discretion, change the date and number of the actual disbursements for any Fiscal Y ear based on the amount and timing of revenues actually collected by the District.
B. The District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following conditions: (1) the District has received the Annual Progress/Expenditure Report required pursuant to Section
18.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Y ear, and (3) the Municipality has complied with the audit requirements of Section B-6 of Exhibit B.
C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.
D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.
VI. TERM OF AGREEMENT
This Agreement shall expire at the end of the 2027-28 Fiscal Y ear. The parties shall thereafter enter into a new agreement based on the most recent standard template agreement approved by the Board.
VII. EXECUTION OF AGREEMENT
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.
The District and the Municipality hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non- facsimile/electronic) transmission of “original” versions of such documents.
Further, the District and the Municipality: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature.
Municipal Program
Agreement No.2024MP42
Council Packet - November 18, 2024
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
By:
Name:
Title:
Date:
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By:
Name:
Title:
Date:
Municipal Program
Agreement No.2024MP42
Ken Domer
City Manager
Council Packet - November 18, 2024
EXHIBIT A – ANNUAL PLAN CONTENTS
A-1. Description of all projects anticipated to be funded using the SCW Program Payment. Include a discussion of how the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-2. Description of all programs anticipated to be funded using the SCW Program Payment. Include a discussion of how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-3. Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment.
Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals.
Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-5. Description of post-construction monitoring for projects completed using the SCW Program Payment. Additional post-construction monitoring activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable Infrastructure (ISI) verification, if applicable.
A-7. Provide the budget for the activities described in provisions A1 through A-5 SCW Program Payment.
Municipal Program
Agreement No.2024MP42
Council Packet - November 18, 2024
EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement
1. SCW Program Payments distributed to the Municipality shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only for eligible expenditures consistent with the requirements of the SCW Program.
2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments; interest earned prior to disbursement is property of the District.
3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP).
4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program Payment.
B-2. Acknowledgement of Credit and Signage
The Municipality shall include appropriate acknowledgement of credit to the District’s Safe, Clean Water Program for its support when promoting activities funded with SCW Program funds or using any data and/or information developed SCW Program funds. When the SCW Program Payment is used, in whole or in part, for construction of an infrastructure Project, signage shall be posted in a prominent location at Project site(s) or at the Municipality’s headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
When the SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
B-3. Acquisition of Real Property - Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.
Any Municipality that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld.
B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.
B-5. Assignment
The Municipality shall not assign this Agreement.
B-6. Audit and Recordkeeping
1. The Municipality shall retain for a period of seven (7) years, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Payments. The Municipality, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, in
voices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Payments and expenditures.
2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18 of the Code. Municipality shall obtain an independent audit of their SCW Program Payments every three (3) years. Audits shall be funded with Municipal Program funds.
3. Municipality shall file a copy of all audit reports by the ninth (9 ) month from the end of each three (3) year periodth Municipal Program
Agreement No.2024MP42
Council Packet - November 18, 2024
to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District’s publicly accessible website. Due date example below.
Every Third Fiscal Year
Fiscal Year Audit Begins Audit Report Due to District
2023-24 7/1/2027 No later than 3/31/2028
4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure Projects using SCW Program Payments. The Municipality shall permit the authorized District representative, including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination activities are considered District administration of the SCW Program.
5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.
B-7. Availability of Funds
District’s obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be obligated to make any disbursements to the Municipality under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Municipality with a right of priority for disbursement over any other Municipality. If any disbursements due to the Municipality under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Municipality when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any Fiscal Y ear is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Municipality to reflect the reduced amount.
B-8. Choice of Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under this Agreement. Municipal expenditures of a SCW Program Payment that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.
B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of Chapters 16 and 18 of the Code.
B-11. Compliance with Law, Regulations, etc.
The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable local, state and federal laws, rules, guidelines, regulations, and requirements.
B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of any Project funded in whole or in part with SCW Program Payments during the useful life (defined as 30 years unless specified otherwise in annual plans and subsequent reports) of the Project without prior written approval of the District.
Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said amount accruing from the date of lease or disposal of the Project.
B-13. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.
If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties.
Municipal Program
Agreement No.2024MP42
Council Packet - November 18, 2024
All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Municipality.
SCW Program Payments shall not be used to pay for any costs of the mediation.
The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.
B-14. Final Inspection and Certification of Registered Professional Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.
Upon completion of the project, the Municipality shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.
B-15. Force Majeure.
In the event that Municipality is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.
B-16. Funding Considerations and Exclusions
1. All expenditures of SCW Program Payments by Municipality must comply with the provisions of Chapters 16 and 18 of the Los Angeles County Flood Control District Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.
2. SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Project implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Project implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Project was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.
B-17. Indemnification
The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and appointed officials, agents, and employees from and against any and all liability and expense, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any Project or Program implemented by the Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement by the Municipality.
B-18. Independent Actor
The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.
The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202)
B-19. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Municipality, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.
B-20. Lapsed Funds
1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from Municipal Program
Agreement No.2024MP42
Council Packet - November 18, 2024
the end of the fiscal year in which those funds are transferred from the District to the Municipality.
2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.
3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the Watershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Municipality’s control, then the Municipality may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures.
Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.
5. The decision to grant an extension is at the sole discretion of the District.
6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception. Example Below.
Fiscal Year
Transferred
Funds Lapse
After
Extension
Request Due
Commit By
2019-20 6/30/2025 No later than
3/31/2025
No later than
6/30/2026
B-21. Municipal Project Access
Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will have safe and suitable access to the site of any Project implemented by the Municipality in whole or in part with SCW Program Payments at all reasonable times.
B-22. Non-Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding non- discrimination in employment and equal employment opportunity.
B-23. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein B-24. Notice
1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.
2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against the Municipality regarding its continued existence, consideration of dissolution, or disincorporation.
3. The Municipality shall notify the District promptly of the following:
a. Any significant deviation from the submitted Annual Plan for the current Fiscal Y ear, including discussion of any major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in benefits or community engagement, and/or modifications that change the SCW Program Goals intended to be accomplished.
b. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the District has determined what actions should be taken to protect and preserve the resource. The Municipality agrees to implement appropriate actions as directed by the District. c. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District.
B-25. Municipality’s Responsibility for Work
The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project.
The District will not mediate disputes between the Municipality and any other entity concerning responsibility for Municipal Program
Agreement No.2024MP42
Council Packet - November 18, 2024
performance of work.
B-26. Reporting
The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Municipalities shall report available data through the SCW Reporting Module, once available.
1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports, using a format provided by the District, within six (6) months following the end of the Fiscal Y ear to the District to detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the District’s publicly accessible website and on the Municipality’s website. The Annual Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Breakdown of how the SCW Program Payment has been expended; c. Documentation that the SCW Program Payment was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code;
d. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to the Annual Plan and corresponding metrics; e. Discussion of any existing gaps between what was planned and what was achieved for the prior year, include any lessons learned;
f. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how SCW Program Payments have been used to achieve SCW Program Goals for the prior year, including graphical representation of available data and specific metrics to demonstrate the benefits being achieved through the years’ investments.
g. Discussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable. This includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW Program Goals, and increasing regional capacity to supplement the SCW Program. h. Additional financial or Project-related information in connection with activity funded in whole or in part using SCW Program Payments as required by the District.
i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18 of the Code.
j. Report on annual and total (since inception of program) benefits provided by programs and projects funded by SCW Program Payment. This includes comparisons to annual plans and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits and graphical representation of pertinent data):
i. Annual volume of stormwater captured and treated
ii. Annual volume of stormwater captured and reused
iii. Annual volume of stormwater captured and recharged to a managed aquifer iv. Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
v. Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best, as outlined in Exhibit C). If none, discuss considerations explored and reasons to not include.
vi. Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons to not include.
2. Documentation of the Community Outreach and Engagement utilized for and/or achieved with the SCW Program Payment described in the Annual Plan Exhibit A. This information must be readily accessible to members of the public.
3. As Needed Information or Reports. The Municipality agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.
B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:
1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Municipality, has been duly authorized by the governing body of Municipality, as applicable. This Agreement constitutes a valid and binding obligation of the Municipality, enforceable in accordance with its terms, except as such enforcement may be limited by law.
2. No Violations. The execution, delivery, and performance by the Municipality of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument Municipal Program
Agreement No.2024MP42
Council Packet - November 18, 2024
to which the Municipality is a party or by which the Municipality is bound as of the date set forth on the first page hereof.
3. No Litigation. There are no pending or, to the Municipality’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Municipality's ability to complete the Annual Plan.
4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Municipality is able to pay its debts as they become due.
5. Legal Status and Eligibility. The Municipality is duly organized and existing and in good standing under the laws of the State of California. The Municipality shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority.
6. Good Standing. The Municipality must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.
B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.
B-29. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program Payment for any Fiscal Y ear in the event that:
1. The Municipality has violated any provision of this Agreement; or
2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an opportunity to cure.
3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B.
4. Failure to submit annual reports on meeting SCW Program Goals.
Municipal Program
Agreement No.2024MP42
Council Packet - November 18, 2024
EXHIBIT C – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Municipalities shall consider incorporation of Nature-based solutions (NBS) into their projects. NBS refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.
The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may capture stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.
Municipalities are to include in each Annual Progress/Expenditure Report whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Annual Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class.
Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized.
METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 5%-
15% covered by
new climate-appropriate
vegetation
Use of native, climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 16%-
35% covered by new
native vegetation
Establishment of plant
communities with a
diversity of native
vegetation
(groundcover, shrubs, and
trees) / green space that is
both native and climate-
appropriate
More than 35% covered by
new native vegetation
Increase of
Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces (e.g.
permeable pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil health
(e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of well-connected
and self-sustained natural
landscapes with healthy
soils, permeable surfaces,
and appropriate vegetation
Protection of
Undeveloped
Mountains &
Floodplains
●Preservation of native
vegetation
●Minimal negative impact
to existing drainage
system
●Preservation of native
vegetation
●Installation of new
feature(s) to improve
existing drainage system
●Creation of open green
space
●Installation of features to
improve natural hydrology
Municipal Program
Agreement No.2024MP42
Council Packet - November 18, 2024
Creation &
Restoration of
Riparian Habitat &
Wetlands
●Partial restoration of
existing riparian habitat
and wetlands Planting of
climate appropriate
vegetation between 11 and
20 different climate
appropriate or native plant
species newly planted
●No potable water used to
sustain the wetland
●Full restoration of existing
riparian habitat
and wetlands
●Planting of native
vegetation - between 21
and 40 different native
plant species newly
planted
●No potable water used to
sustain the wetland
●Full restoration and
expansion of existing
riparian habitat and
wetlands Planting of plant
communities with a
diversity of native
vegetation – between 41
and 50 different native
plant species newly
planted
●No potable water used to
sustain the wetland
New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff and
filter pollution (e.g.
bioswales and parkway
basins), capturing the 85th
percentile 24-hour storm
event from the
entire parcel
Large sized elements that
capture and treat runoff to
supplement or replace
existing water systems
(e.g. wetlands, daylighting
streams, groundwater
infiltration, floodplain
reclamation), capturing the
90th percentile 24-hour
storm event from the entire
parcel and/or capturing off-
site runoff
Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain moisture
in the soil and prevent
erosion
Planting of new climate
appropriate vegetation to
enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil, prevent
erosion, and support locally
based composting and
other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance soil
organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially use
of next-generation design
with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the soil,
prevent erosion, and
support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance soil
organic matter
Municipal Program
Agreement No.2024MP42
Council Packet - November 18, 2024
EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.
1. Litter Control
• Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. • Regular inspection and maintenance of pet waste stations. • Maintaining trash receptacles.
• Removal of trash, debris, and blockages from bioswales. • Inspection and cleaning of trash booms.
• Inspection of weir gates and stop logs to clean debris, as required.
2. Vegetation Maintenance
• Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs).
o Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.
• Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth. o Prevent encroachment of adjacent property and provide vertical clearance. o Inspect for dead or diseased plants regularly.
• Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats.
o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control.
o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment.
o Wildflower and meadow maintenance.
o Grass, sedge, and yarrow management.
o Removal of unwanted hydroseed.
3. Wildlife Management
• Exotic species control.
• Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species.
• Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration).
• Avoid disturbances to nesting birds.
• Avoid spread of invasive aquatic species.
4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis. • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs.
• Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads).
Municipal Program
Agreement No.2024MP42
Council Packet - November 18, 2024
• Inspect shade structures for structural damage or defacement. • Inspect hardscapes.
• Inspect and maintain interpretive and informational signs. • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks). • Maintain deck areas (e.g. benches, signs, decking surfaces). • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.
5. Irrigation System Management
• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water.
o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads.
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation. • Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure.
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape. • Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems. • Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content.
• Use moisture sensing devices to determine water penetration in soil.
6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity. • Inspect basins for erosion.
• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.
7. Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation. • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise). • Checking telemetry equipment.
• Tracking and reporting inspection and maintenance records.
8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species. • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos. • Managing emergent vegetation.
• Using hydraulic control structures to rapidly dewater emergent marsh areas. • Managing flow velocities to reduce propagation of vectors.
Municipal Program
Agreement No.2024MP42
Council Packet - November 18, 2024
City of La Verne,City Council
Agenda Report
DATE: November 18, 2024
TO: Honorable Mayor and City Council
FROM: Meg McWade, Public Works Director
SUBJECT: ADOPTION OF RESOLUTION APPROPRIATING $1.8 MILLION OF
ENHANCED INFRASTRUCTURE FINANCING DISTRICT FUNDS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS FOR
IMPLEMENTATION OF THE GOLD LINE TRANSIT ORIENTED
DEVELOPMENT PEDESTRIAN BRIDGE PROJECT
SUMMARY
This appropriation will provide matching funds for the Gold Line Transit Oriented Development Pedestrian Bridge Project, approve an agreement with the San Gabriel Valley Council of Governments to continue to serve as lead on the design and construction of the Project, and authorize the City Manager to execute related documents and amendments.
RECOMMENDATION
That the City Council:
1. Appropriate $1,800,000 in Enhanced Infrastructure Financing District Funds to the Gold Line Transit Oriented Development Pedestrian Bridge Project;
2. Approve the attached Agreement Regarding the Design and Construction of the Gold Line Transit Oriented Development Pedestrian Bridge by the San Gabriel Valley Council of Governments on Behalf of the City of La Verne; and
3. Authorize the City Manager to execute any related documents or amendments, subject to review by the City Attorney.
DISCUSSION
As part of the development of the Gold Line, now the A Line, light rail station in La Verne, a multi-modal bridge is planned to span Arrow Highway from the transit station parking lot to Fairplex property on the south side and east of the Metrolink tracks. The bridge will provide a safe crossing for pedestrians and cyclists over Arrow Highway and the Metrolink tracks. The concept of a multi-modal bridge for pedestrian safety enhancements has long been planned and only recently has the necessary funding become available through the City's partnership with the San Gabrial Valley Council of Governments (SGVCOG). Due to SGVCOG’s experience at implementing regional projects, the City previously agreed to have SGVCOG take lead on project design. This agreement will continue this partnership with SGVCOG serving as lead through final design and construction of the Gold Line Transit Oriented Development Pedestrian Bridge with the City assigning previously secured funding to the SGVCOG.
Council Packet - November 18, 2024
Adoption of Resolution Appropriating $1.8 Million of Enhanced Infrastructure Financing District Funds and Authorizing the City Manager to Execute an Agreement with the San Gabriel Valley Council of Governments for Implementation of the Gold Line Transit Oriented Development Pedestrian Bridge Project, Page 2
The estimated cost for design, construction, and construction management services of the pedestrian bridge, with contingencies, is approximately $26.26 million in 2023 dollars. Design plans, specifications, and environmental review are generally complete. The overall funding of the project is made up of various transportation related funding sources, to include City allocations of $895,000 in Measure M Subregional Funding under an agreement dated September 20, 2021, $419,000 in Prop C funds under an agreement dated August 19, 2019, and $3,000,000 in Measure M Multi-Year Subregional Program (“MSP”) under an Agreement dated November 29,2023, to pay for design, environmental documentation, Right-of-Way and other Project costs. Additionally, the City through this agreement is assigning the Congressional earmark of $4 million secured by the City from Congresswoman Napolitano to SGVCOG for this project.
In early June 2024, the Southern California Association of Governments approved funding for two SGVCOG projects within its 2023-2026 Carbon Reduction Program, Congestion Mitigation and Air Quality Improvement Program, and Surface Transportation Block Grant Program project award lists. The Gold Line Transit Oriented Development Pedestrian Bridge project was awarded full funding in the amount of $16,000,000 to complete construction. As part of that award, the City will provide $1.8M of Enhanced Infrastructure Financing District Funds as a required match for the grant.
The purpose of the proposed Agreement is to set forth the Project funding obligations/ assignments for SGVCOG and the City to (1) pay for the completion of final plans, specifications, and estimate, (2) to prepare any and all documentation required under the National Environmental Protection Act (NEPA) and the California Environmental Quality Act (CEQA), and (3) to specify the terms and conditions under which Project is to be engineered, constructed, financed, operated and maintained. Additionally, the City has requested that certain elements be bid for additions to the project since the original project was initially designed and estimated for construction costs several years ago. These items include: signage on the bridge; architectural lighting additions; safety blue call buttons and surveillance cameras; heightened guardrail fencing, and the potential of maintenance storage facilities underneath the ramped portion of the bridge. While it is anticipated the project is fully funded, there may be a need for additional appropriation or reduction in project scope/requested elements based on actual bids.
FISCAL ANALYSIS
Available funding is available within the Enhanced Infrastructure Financing District bond issuance for the contribution to the Project as defined in the Agreement.
ENVIRONMENTAL ANALYSIS
Not applicable at this time as the SGVCOG is the lead agency for this project and environmental review is already included in the current design contract with the SGVCOG (design, PS&E, and environmental).
LEGAL REVIEW
This agreement and report have been approved by the City Attorney.
ATTACHMENTS
Council Packet - November 18, 2024
Adoption of Resolution Appropriating $1.8 Million of Enhanced Infrastructure Financing District Funds and Authorizing the City Manager to Execute an Agreement with the San Gabriel Valley Council of Governments for Implementation of the Gold Line Transit Oriented Development Pedestrian Bridge Project, Page 3
1. Resolution Appropriating Funds for EIFD Pedestrian Bridge $1.8M
2. FINAL AGR - Design and Construction -11.13.24
Report Prepared By: Coordinated with:
Meg McWade, Public Works Director
Cody
Howing, City Engineer
Council Packet - November 18, 2024
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 $1,800,000 WITHIN THE ENHANCED INFRASTRUCTURE FINANCING DISTRICT CAPITAL FUND (FUND 440) FOR THE GOLD LINE TRANSIT ORIENTED
DEVELOPMENT PEDESTRIAN BRIDGE PROJECT
WHEREAS, the City of La Verne has identified the need to provide safe, multimodal access to the Gold Line Transit station through the construction of a pedestrian bridge spanning Arrow Highway; and
WHEREAS, the Gold Line Transit-Oriented Development Pedestrian Bridge Project aligns with the City’s goal of enhancing infrastructure and increasing accessibility for pedestrians and cyclists; and
WHEREAS, the City has secured Enhanced Infrastructure Financing District (EIFD) funding in the amount of $1,800,000 to support the Gold Line Transit-Oriented Development Pedestrian Bridge Project; and
WHEREAS, this appropriation will provide necessary matching funds to meet the project’s financial requirements and facilitate an agreement with the San Gabriel Valley Council of Governments (SGVCOG) to lead the design and construction efforts.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. The Fiscal Year 2024-2025 Adopted Budget is hereby amended to appropriate $1,800,000 from the Enhanced Infrastructure Financing District Capital Fund to support the Gold Line Transit-Oriented Development Pedestrian Bridge Project.
Section 2. The City Council approves the Agreement with the San Gabriel Valley Council of Governments regarding the design and construction of the pedestrian bridge and authorizes the City Manager to execute the agreement and payment, subject to review by the City Attorney.
Section 3. The City Manager is authorized to execute any necessary documents and amendments related to the project, ensuring all actions comply with City policies and procedures.
PASSED, APPROVED AND ADOPTED this 18th day of November 2024. ______________________________________
Mayor Tim Hepburn
Council Packet - November 18, 2024
ATTEST:
_______________________________
Debra Fritz, Deputy City Clerk
CERTIFICATION
I hereby certify that the foregoing [Resolution No. XX-XX] was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 18th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Debra Fritz, Deputy City Clerk
Council Packet - November 18, 2024
4861-9828-1463, v. 1
AGREEMENT
REGARDING THE DESIGN AND CONSTRUCTION OF THE GOLD LINE TRANSIT
ORIENTED DEVELOPMENT PEDESTRIAN BRIDGE BY THE SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS ON BEHALF OF THE CITY OF LA VERNE THIS AGREEMENT effective this ___ day of November 2024 (“Effective Date”), by and between the CITY OF LA VERNE, a municipal corporation, hereinafter referred to as “CITY”, and the SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, a California Joint Powers Authority, hereinafter referred to as “SGVCOG” (the “Agreement”), with the CITY and SGVCOG each individually referred to herein as “PARTY” and collectively as “PARTIES”.
RECITALS
WHEREAS, the PARTIES contemplate constructing a Gold Line Transit Oriented Development Pedestrian Bridge, a multi-modal bridge approximately 1,300 ft long near the Metro A (Gold) Line Light Rail Station. The bridge will span Arrow Highway, connecting Fairplex Drive/E Street on the west side to an area near North White Ave. on the east, as depicted in Exhibit “A”, referred to herein as the “Project”; and
WHEREAS, the PARTIES entered into agreements dated August 19, 2019, September 20, 2021 and November 29, 2023, (collectively, the “Prior Agreements”) which are incorporated herein by reference, in which the PARTIES agreed, among other things, to have SGVCOG administer and contract for the design and environmental documentation for the Project; and WHEREAS, CITY has allocated to the Project $900,000 in Measure M Subregional Funding, $419,000 in Prop C funds, and the SGVCOG has allocated $3,000,000 in Measure M Multi-Year Subregional Program (“MSP”) to pay for such design, environmental documentation and Right-of-Way costs for the Project; and
WHEREAS, the PARTIES desire to enter into this Agreement to set forth the PARTIES Project funding obligations to (1) pay for the completion of final plans, specifications, and estimate (PS&E), (2) to prepare any and all documentation required under the National Environmental Protection Act (NEPA) and the California Environmental Quality Act (CEQA), and (3) to specify the terms and conditions under which Project is to be engineered, constructed, financed, operated and maintained.
SECTION I
SGVCOG AGREES:
1. PS&E Documents. To complete the PS&E documents in accordance with the Prior Agreements and this Agreement.
2. Manage Project Construction. To act as lead agency and track and manage all costs for the Project, and to oversee and manage Project construction through completion.
Council Packet - November 18, 2024
4861-9828-1463, v. 1
3. NEPA and CEQA Documents. As the lead agency, to complete preparation of the Project environmental documentations required under NEPA and CEQA and to deliver said documentation to the CITY, as a responsible agency, for its review, comment, and consideration at each of the relevant stages of the preparation of such documents.
4. Prepare Plans. Through its own forces and by way of contracted services, continue to provide all necessary preliminary engineering, including plans and specifications and utility identification and location, and construction engineering/management services, including all required Project accounting for the Project.
5. Obtain Governmental Approvals. To obtain all required authorizations and permits from governmental agencies necessary to construct the Project.
6. Acquire ROW. To acquire, with CITY’s cooperation as set forth in Section II.5 below, the necessary permanent or temporary property rights, if any, required outside of existing CITY property.
7. Mitigate Impacts. To mitigate identified property owner and business impacts directly associated with the Project in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policy to the extent that said mitigations are eligible and within the amount of funding appropriated to SGVCOG for said purpose.
8. Prepare Bid Documents. To prepare and finalize all necessary PS&E and bid documents for the CITY's review and approval thereof prior to SGVCOG advertising the Project for construction bids.
9. Use Funding Shown in Exhibit C. Except to the extent City agrees to pay for the CITY Requested Elements, to use no more than the available funding shown in Exhibit “C” towards Project costs, which represents the total amount of funding appropriated to SGVCOG and contributed by the CITY for the Project. If the available funding is insufficient, CITY shall provide support and assistance to the SGVCOG in securing the necessary funding required to complete the Project, including providing any needed letters of support.
10. Cost Controls. SGVCOG shall make all reasonable efforts to ensure Project-related expenses (including expenses related to CITY Requested Elements) stay within applicable budgets. SGVCOG shall award and approve all contracts and contract amendments (e.g., change orders) within the approved budget, including any contingency amounts pursuant to the SGVCOG’s purchasing and procurement guidelines and policies. During the term of this Agreement the CITY shall designate in writing a representative to receive and sign an acknowledgment form for each change order from SGVCOG. This representative will be responsible for keeping the CITY informed of any change orders and for assisting in the tracking and management of the available budget throughout the duration of the Project.
11. Solicit Bids. Upon CITY’s approval of the bid documents, to solicit bids. Upon the written concurrence of the CITY’s City Manager, SGVCOG staff will request the SGVCOG’s
Council Packet - November 18, 2024
4861-9828-1463, v. 1
Capital Project and Construction Committee to consider awarding a construction contract for the Project to the lowest responsible bidder. SGVCOG shall use its standard request for bids and construction services agreement forms, including any minor negotiated deviations approved by the SGVCOG Executive Director and General Counsel. Should the bids, in the reasonable discretion of the SGVCOG, exceed the available Project funding and no additional funding is available, the SGVCOG may reject all bids and not award a construction contract. The SGVCOG agrees to consult with the CITY and make reasonable effort to identify alternative sources of funding or to de-scope the Project in a manner that will permit the Project to be constructed. If no award of a construction contract is made, the SGVCOG shall have no duty to construct the Project.
12. Contractor’s Insurance. To require appropriate types and limits of insurance coverage and indemnification from the successful bidder as required by this Agreement. All policies of insurance shall name the SGVCOG, the CITY, and their respective directors, officers, agents, employees, attorneys, consultants, and volunteers as additional insureds (the “Additional Insureds”) or the SGVCOG shall require endorsements identifying these parties as additional insureds using a form acceptable to SGVCOG. The construction contract will require the successful bidder’s insurer(s) to waive all rights of subrogation against the Additional Insureds and require that the successful bidder defend, indemnify, and hold harmless the Additional Insureds against all claims relating to the successful bidder’s performance of the construction contract, save and except those claims arising out of the sole negligence or willful misconduct of the Additional Insureds. The construction contract will require the successful bidder to ensure that its subcontractors, if any, provide similar insurance coverage, excepting that subcontractor limits may be lower than those required of the successful bidder based on the work being performed.
13. Oversee Construction. By way of its own forces and by way of contracted services, take all steps necessary to oversee the timely completion of the Project, including managing the prime contractor(s) and managing any disputes with contractors and subcontractors which may arise.
14. Cost Overruns / Excess Funds. The SGVCOG shall endeavor to minimize cost overruns and shall manage the Project within the approved budget, including maintaining an appropriate contingency. In the event of cost overruns, the CITY agrees to assist SGVCOG in securing the additional funding necessary to complete the Project. Should Project costs be lower than the funding allocated for the Project, to the extent it may do so in accordance with applicable laws and terms and conditions of funds awarded for the Project, the SGVCOG agrees to remit to the CITY those funds the CITY allocated to the Project within 30 days of the CITY’s acceptance of the Project.
15. Updates. Upon request of CITY, a SGVCOG representative shall attend CITY Council meetings or other meetings to provide updates to the Project or similar Project-related information; the SGVCOG shall not be obligated to attend such meetings more often than once per quarter.
Council Packet - November 18, 2024
4861-9828-1463, v. 1
16. As-Built Plans. To furnish CITY a complete set of full-sized film positive reproducible as-built plans with electronic versions of the same files and any necessary operations manuals or operation documentation upon completion of the Project.
17. Return Unused Contingencies. If CITY has overpaid any amounts (including, but not limited to, any contingencies), SGVCOG shall return such amounts to CITY within fifteen (15) calendar days of SGVCOG being aware of such excess payment.
18. Audits. SGVCOG is to resolve all administrative issues relating to this Project, including resolving any issues regarding audits, disputes with contractors, stop work notices, etc.
SGVCOG is to ensure compliance with all funding requirements, and issuance of any necessary reports consistent with said grant funding.
19. Review Project RFI’s and Submittals: SGVCOG shall review and respond to all Requests for Information (RFI’s) submitted during the bidding and construction phases. If an RFI requires a response from the CITY, the CITY shall provide a written response within seven (7) calendar days. Additionally, SGVCOG shall review and approve all Project-related submittals, except those pertaining to CITY Requested Elements as identified in the approved plans and specifications, which shall be reviewed separately by the CITY within seven (7) days.
20. Inspections During Construction: SGVCOG shall conduct daily construction inspections and oversee the coordination of all field activities, including but not limited to traffic control, utility relocation, and any other necessary operations. SGVCOG shall ensure that all field activities are carried out in compliance with applicable regulations, Project specifications, and safety standards.
SECTION II
CITY AGREES:
1. Payments. Solely to the extent necessary to allow SGVCOG to meet its payment obligations, CITY agrees to the following:
a. $480,000 from EIFD. Within forty-five (45) calendar days of the Effective Date, CITY shall pay SGVCOG four hundred eighty thousand ($480,000) from CITY’s Enhanced Infrastructure Financing District (EIFD) for the Congressional Directed Spending (Federal Earmark). SGVCOG shall use these funds as a funding match to the Federal grant towards Project costs.
b. Additional $155,910 for Design of Bridge CITY Requested Elements. Within forty-five (45) calendar days of the Effective Date, CITY shall pay to SGVCOG an additional One Hundred Fifty-Five Thousand Nine Hundred Ten Dollars ($155,910) for the design of the CITY Requested Elements listed in Exhibit “B”.
Council Packet - November 18, 2024
4861-9828-1463, v. 1
c. Additional $1.32 Million from EIFD for Project. Within thirty (30) calendar days of the award of the construction contract, CITY shall, from the CITY’s EIFD fund, pay to SGVCOG One Million Three Hundred Twenty Thousand Dollars ($1,320,000) as a local match to the grant funding. SGVCOG acknowledges there are multiple sources of funding for this Project and this allocation of EIFD funds is a required source of local match.
d. CITY Requested Elements Construction Costs. Subject to Section II.7 below, the CITY shall pay the cost of all CITY Requested Elements construction expenses, including a 10% contingency, for those CITY Requested Elements shown in Exhibit "B," and shall pay SGVCOG within thirty (30) calendar days of the award of the construction contract for all CITY Requested Elements the PARTIES have agreed to include in the award of the construction contract. If payment is not received within said period, the SGVCOG may, in its absolute and sole discretion, delete any CITY Requested Elements(s) for which payment has not been made. If additional CITY Requested Elements are added after construction contract award in accordance with Section III.3 below, the CITY shall pay SGVCOG the full cost of the added CITY Requested Elements, including the 10% contingency, within thirty (30) calendar days of the execution of the change order. e. Pay by ACH or Check. Payment is to be made by automated clearing house (ACH) or check.
2. Authorize $4 Million of Federal Earmark Funds. To authorize the SGVCOG the use of the Community Project Funded Congressional Directed Spending (CPFCDS) Program Federal Earmark funds in the amount of Four Million Dollars ($4,000,000) previously awarded to CITY for the Project and prepare any requested documents by the State for the allocation of such funds to the Project.
3. Provide Existing CITY Plans. To provide all available plans and survey data of existing CITY infrastructure necessary to design, Right-of-way and Construction phases the Project.
4. Support for Funding Applications. To provide written support for any funding applications made by SGVCOG for the Project by persons authorized to do so, (e.g., the City Council, Mayor and/or City Manager) and to provide supporting oral testimony when required.
5. Use CITY’s Authority to Assist Project. To enforce or delegate its authority to the SGVCOG to enforce under the CITY’s name, available rights under existing franchise agreements or other prior rights the CITY may have if existing public and/or private utilities or other entities conflict with the construction of the Project.
6. Review Project Plans. To review Project plans at no cost and issue no fee encroachment permits. CITY agrees to review Project plans and provide comments thereon within fifteen (15) calendar days of submittal by the SGVCOG or its consultant/contractor. Additionally, the CITY shall review and provide comments on the approved final plans from SGVCOG
Council Packet - November 18, 2024
4861-9828-1463, v. 1
within thirty (30) calendar days of receipt, excluding holidays. Should CITY not provide comments within said thirty (30) calendar days, the SGVCOG may deem the plans approved.
7. Funding Responsibility for CITY Requested Elements. The CITY shall be solely responsible for funding all costs for those CITY Requested Elements. Notwithstanding the foregoing, to the extent funds allocated to the SGVCOG for the Project are, in the SGVCOG’s discretion, available to assist the CITY with payment of such Elements, the SGVCOG agrees to notify the CITY of such availability and upon agreement by the PARTIES, to amend this Agreement providing for such payment.
8. CITY Representative. Designate a representative in writing to attend all Project-related meetings, including, but not limited to, meetings with stakeholders, field meetings, and status update sessions. In addition, upon request of SGVCOG, CITY’s representative shall attend SGVCOG governing body and committee meetings (e.g., Governing Board and Capital Projects and Construction Committee).
9. Ownership of Project. Upon substantial completion of the Project in accordance with the approved plans and specifications to accept ownership and maintenance of the Project as is further detailed in Section III.12. below.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
1. Compliance with Funding Source Requirements. Should any portion of Project be financed with funds with specific expenditure requirements or limitations, all applicable laws, regulations and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement to the contrary.
2. Approval of Plans. CITY shall exercise due diligence in reviewing and approving the bid documents and upon written approval thereof by the CITY’s engineer, shall constitute CITY's acceptance of and official approval of said plans.
3. Solicitation of Construction Bids.
a. In its solicitation for bids the SGVCOG shall require bidders to submit a “Base Bid” which is a bid for the Project work exclusive of bids for the CITY Requested Elements listed in the attached Exhibit “B”. The lowest responsible bidder on the Base Bid shall be considered as the lowest responsible bidder for purposes of the SGVCOG’s award of the Project’s construction contract.
b. In its solicitation for bids, the SGVCOG shall also require bidders to submit separate bids on CITY Requested Elements listed in Exhibit “B” in a manner agreed upon by the PARTIES. Upon receipt of the bids and the determination by the
Council Packet - November 18, 2024
4861-9828-1463, v. 1
SGVCOG of the lowest responsible bidder pursuant to III.3.a. above, the PARTIES shall consult and agree in writing upon what CITY Requested Elements to include in the contract award. CITY may request SGVCOG to include additional CITY Requested Elements after award of the construction contract. In such an event and provided the SGVCOG determines it will not impact the cost of the base bid, the SGVCOG shall request the prime contractor to submit a proposed change order for the CITY Requested Element. Upon receipt of the change order the PARTIES shall mutually determine whether to approve the proposed change order and if approved by the PARTIES the CITY shall pay the SGVCOG for the added CITY Requested Element in the manner set forth in Section II.1.d. above. c. Work shall be considered included among the "CITY Requested Elements" if the work is not required in the Base Bid, or such work is not eligible for, or within the scope of, the funding allocated to SGVCOG for the Project as determined by the SGVCOG or Caltrans, or is not designated as a required mitigation measure for the Project. In addition, the term CITY Requested Elements shall include any CITY funded work that CITY desires to have constructed concurrently with Project and for which SGVCOG is able to reasonably include in the Project as a change order.
4. CITY to Resolve Issues with Utilities. If existing public and/or private utilities conflict with the construction of Project, CITY will cooperate with the SGVCOG to make all necessary arrangements with the owners of such utilities for their protection, relocation, or removal. SGVCOG will coordinate and inspect the protection, relocation, or removal. If there are costs of such protection. relocation, or removal that CITY must pay, such costs shall be considered a Project cost. Nothing in this Agreement shall restrict or affect SGVCOG's right to enter into separate agreements with utilities for reimbursements of utility costs for protection, relocation, or removal of their facilities.
5. Effect of CITY Inspection of Project. Any rights of CITY to inspect, review and/or approve of Project design or construction shall not signify that SGVCOG relinquishes management or control over such design or construction.
6. CITY to Indemnify SGVCOG. SGVCOG, its member agencies and their respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "SGVCOG INDEMNITEES") shall have no liability to CITY INDEMNITEES or any other person, and CITY, pursuant to Government Code Section 895.4, shall indemnify, defend (using legal counsel of CITY's own choosing), protect and hold harmless the SGVCOG INDEMNITEES from and against, any liabilities, as defined in Section III, Paragraph 9, or legal challenges to the Project by anything done or omitted to be done by the CITY INDEMNITEES under or in connection with any work, authority or jurisdiction associated with the Project and delegated to CITY under this Agreement.
7. SGVCOG to Indemnify CITY. CITY, and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "CITY INDEMNITEES") shall have no liability to the SGVCOG INDEMNITEES or any other person, and SGVCOG, pursuant to Government Code Section 895.4, shall indemnify,
Council Packet - November 18, 2024
4861-9828-1463, v. 1
defend (using legal counsel of SGVCOG's own choosing), protect and hold harmless CITY INDEMNITEES from and against, any liabilities, as defined in Section III, Paragraph 9, or legal challenges to the Project by reason of anything done or omitted to be done by the SGVCOG INDEMNITEES under or in connection with any work, authority or jurisdiction associated with the Project and delegated to SGVCOG under this Agreement.
8. Definition of “liabilities.” The term "liabilities" used in Section III, Paragraphs 7 and 8 shall mean any and all judgments, awards, claims, demands, liabilities, injury (as defined by Government Code Section 810.8), obligations, litigation, fines, penalties, fees (including , without limitation, expert witness fees, engineering and defense costs and legal fees), costs (including, without limitation, any and all costs involved in instituting a direct condemnation proceeding, and any and all costs involved in defending an inverse condemnation proceeding, and any and all costs involved in an environmental cleanup or archaeological discovery), expenses (including, without limitation, attorneys fees and court costs), proceedings, suits and actions of whatever kind, and damages of any nature whatsoever (including, without limitation, bodily injury, death, personal injury, or property damage).
9. Authority of SGVCOG’s Resident Engineer. In the construction of the Project, SGVCOG shall provide a resident engineer to the CITY, and the CITY shall, at no cost to SGVCOG, designate a representative. The resident engineer and CITY representative will collaborate and consult with each other; however, the decisions of SGVCOG’s resident engineer shall remain the final and primary authority for all Project-related work. In the event the CITY requests a meeting to resolve any issues, SGVCOG’s Project Manager and Capital Projects Director shall meet with the CITY’s Public Works Director and CITY Engineer to address the matter. If the PARTIES are unable to resolve the issue, SGVCOG’s Executive Director shall meet with the CITY’s City Manager to discuss the issue. Any decisions reached through these discussions shall be revised in accordance with the mutual agreement of the PARTIES. If no agreement is reached, the decision of the resident engineer shall prevail.
If the resident engineer’s decision leads to Project costs exceeding the approved budget and the CITY has reasonable grounds to contest the decision, SGVCOG agrees to assist the CITY in securing additional funding to cover any cost overruns.
10. Changes within Right of Way. If proposed changes to the approved plans and specifications will impact the proposed Project improvements within CITY property rights, the SGVCOG resident engineer will obtain the CITY's approval before authorizing said changes.
11. CITY May Request the Salvage of Materials. CITY may require that certain CITY owned materials be salvaged during Project construction. At the time of Project plan approval CITY shall notify SGVCOG of materials to be salvaged including the desired procedure for removal and delivery to a CITY designated storage facility. SGVCOG will include the request in the Project specifications. SGVCOG will not be liable for any costs associated with the subsequent reuse, storage, reclamation, or reinstallation of salvaged materials by CITY, and such activities will be considered delegated to CITY under this Agreement.
Council Packet - November 18, 2024
4861-9828-1463, v. 1
12. Project Completion Procedures and Dispute Resolution. Prior to acceptance of the Project, as completed, under the terms of the Project's construction contract, the PARTIES will confer in good faith, to obtain CITY's concurrence that all components of the Project have been completed in substantial conformance with the approved plans and specifications. It is understood that CITY will not unreasonably withhold said concurrence. Should SGVCOG and CITY be unable to agree on Project completion as discussed herein, then SGVCOG’s Executive Director and the CITY’s CITY Manager shall meet and confer, in good faith, to resolve the disagreement. If the disagreement has not been resolved at the end of thirty (30) days, then the disagreement will be submitted to mediation in accordance with the Mediation Rules of the American Arbitration Association. CITY and SGVCOG shall equally share in the costs of mediation and the mediator shall be acceptable to both PARTIES. If SGVCOG and CITY are unable to agree on the selection of a mediator, then assistance will be obtained from the American Arbitration Association. The PARTIES agree to participate in mediation and any associated negotiations for a period of at least sixty (60) days. If the disagreement cannot be resolved through mediation, the PARTIES may exercise all legal remedies available to them.
13. Project Cancellation. In the event the CITY decides to cancel or suspend the Project, other than due to fault or default by the contractor, the CITY shall be responsible for reimbursing SGVCOG for all costs incurred up to that point which are not funded by other funding sources and require reimbursements. Additionally, the CITY shall bear any penalties, fees, or other financial obligations arising from the cessation of the Project, including, but not limited to, those imposed by federal, state, or local funding sources. In the event that SGVCOG chooses to withdraw from its role as the Project lead, the CITY agrees to amend this Agreement to facilitate the transfer of any available funds to the CITY.
SGVCOG will be responsible to participate in any and all audit or other necessary compliance procedures in its role as lead agency through the date of such transfer agreement. Such amendment shall be executed in a manner that ensures the integrity of the Project’s funding requirements and compliance with all applicable regulations and funding conditions.
SECTION IV
MISCELLANEOUS:
1. Delivery of Written Notice. Every notice, demand, request, or other document or instrument delivered pursuant this Agreement shall be in writing, and shall be either personally delivered, sent by Federal Express or other reputable overnight courier, sent by email transmission with telephonic confirmation of actual receipt and the original subsequently delivered by other means, or sent by certified United States mail, postage prepaid, return receipt requested, to the addresses set forth below, or to such other address as a party may designate from time to time:
Council Packet - November 18, 2024
4861-9828-1463, v. 1
To CITY: CITY of La Verne
CITY Hall
3660 “D” Street
La Verne, CA 91750
Attention: CITY Manager
To SGVCOG: San Gabriel Valley Council of Governments
1333 Mayflower Ave # 360
Monrovia, CA 91016
Attn: Chief Executive Officer
2. Entire Agreement. This Agreement and the Prior Agreements constitute the entire understanding and agreement of the PARTIES and integrates all of the terms and conditions mentioned herein or incidental hereto with respect to the subject matter hereof, and supersedes all negotiations or previous agreements between the PARTIES with respect to all or part of the subject matter hereof. To the extent there is any conflict or inconsistency between the terms and provisions of this Agreement and the Prior Agreements which cannot be reasonably harmonized, the terms and provisions of this Agreement shall control.
3. Amendments Only in Writing. This Agreement may be amended in writing at any time by the mutual consent of the PARTIES. No amendment shall have any force or effect unless executed in writing by both PARTIES.
4. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless and to the extent that the rights and obligations of one or both PARTIES would be materially altered or abridged by such interpretation.
5. California Law Controls. This Agreement shall be construed and enforced in accordance with the laws of the State of California.
6. Assignment Prohibited. Except as set forth herein, no PARTY shall assign or otherwise transfer this Agreement or its right or interest or any part thereof to any third party, without the prior written consent of the other PARTY. Such consent shall not be unreasonably withheld. No assignment of this Agreement shall relieve the assigning party of its obligations until such obligations have been. assumed in writing by the assignee. When duly assigned in accordance with the forgoing, this Agreement shall be binding upon and inure to the benefit of the assignee.
Council Packet - November 18, 2024
4861-9828-1463, v. 1
IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement to be executed by their respective officers to be effective as of the date first written above.
CITY OF LA VERNE
Mayor
SGVCOG
Chief Executive Officer
ATTEST:
CITY Clerk
APPROVED AS TO FORM:
CITY Attorney
APPROVED AS TO FORM:
SGVCOG General Counsel
Council Packet - November 18, 2024
4861-9828-1463, v. 1
Exhibit “A”
Depiction of Gold Line Transit Oriented Development Pedestrian Bridge
Council Packet - November 18, 2024
4861-9828-1463, v. 1
Exhibit “B”
CITY Requested Elements
I. SCOPE OF CITY REQUESTED ELEMENTS WORK (FOR DESIGN AND
CONSTRUCTION PURPOSES)
A. Signage and City Branding
1. Adding a new CITY of La Verne sign attached to the main span of the Bridge crossing the Railroad.
2. Adding ornamental City Branding on the walls of the plaza wall
3. Adding City branding on the beams and column sign slip forms
4. Adding City monuments and City wayfinding signs
B. Architectural Lighting Features
1. Adding projection mapping technology.
2. Cost difference for the upgraded to LED rope lighting from the original design standard static white light
3. Any upgrades to the infrastructure due to the lighting upgrades C. Maintenance and Safety Features
1. Water and Power
a. Adding water connections on top of the bridge and connections to services below grade.
b. On top of the bridge, provide additional circuit and secondary cable on the conduit run, and provide additional connections
2. Safety Blue Call Buttons and CCTV
a. Adding Safety Call Buttons including infrastructure upgrades on the bridge. b. Adding CCTV including infrastructure upgrades on the bridge. c. Adding low voltage power and telecom equipment for Safety Call Buttons and CCTV.
d. Adding heating and cooling to utility room housing that equipment.
3. Enclose the bottom space of the Helix ramp to provide a maintenance storage space.
4. Adding architectural upgrades to the standard design of gates, bollards, etc.
D. Railing and Semi Enclosed guardrail fencing – Enhanced protection from jumping / falling
1. Adding architectural features for the semi-enclosed guardrail fencing.
2. Increasing the height of pedestrian railing from the original design of 3.5 feet E. Any additional CITY Requested Elements during construction will be paid by the CITY
Council Packet - November 18, 2024
4861-9828-1463, v. 1
II. CITY REQUESTED ELEMENTS DESIGN FEES
Council Packet - November 18, 2024
4861-9828-1463, v. 1
Exhibit “C”
Total Available Funds
SOURCES OF FUNDS
Local Revenue
Prop C funds were allocated for design and SGVCOG management. This fund is part of the PARTIES’ agreements dated August 19, 2019 $419,000.00
Measure M funds were allocated for design and SGVCOG management. This fund is part of the PARTIES’ agreements dated September 20, 2021 $895,000.00
Measure M Multi-Year Subregional Program (“MSP”). This fund is part of the PARTIES’ agreements dated November 29, 2023
$3,000,000.00
Design of CITY Requested Elements (City Funds) $155,910.00 EIFD Bond (allocated to Bridge) Part of this Agreement $1,800,000.00 Federal Revenue
Community Project Funded Congressional Directed Spending (CPFCDS) Program Federal Earmark funds part of this agreement
$4,000,000.00
SCAG (STBG) funds awarded directly to SGVCOG $16,000,000.00 TOTAL SOURCES $26,269,910.00
Council Packet - November 18, 2024
City of La Verne,City Council
Agenda Report
DATE: November 18, 2024
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manager
SUBJECT: CALOES HAZARD MITIGATION ASSISTANCE GRANT PROGRAM
RESOLUTION
SUMMARY
The City of La Verne was awarded $164,295 in grant funding through the Governor's Office of Emergency Services (CalOES) from the Hazard Mitigation Grant Program to update the City's Local Hazard Mitigation Plan (LHMP). The grant requires that the City Council adopt a resolution to accept the federal funding for this program.
RECOMMENDATION
That the City Council approve a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL,
CITY OF LA VERNE, CALIFORNIA, DESIGNATING ITS AGENTS FOR THE PURPOSE OF APPLYING FOR FEDERAL FINANCIAL ASSISTANCE".
DISCUSSION
The Federal Emergency Management Agency (FEMA) offers funding to support the development and implementation of plans that mitigate the impacts of future natural disasters.
In California, these funds are managed by the Hazard Mitigation Branch of CalOES. In early 2024, the City submitted an application for funding to update its Local Hazard Mitigation Plan (LHMP), which was last revised in 2012. FEMA guidelines recommend updating an LHMP every five years, underscoring the urgent need for this update. In late October, the City received approval of its application from FEMA, with a total project cost of $219,060. This includes a 75% federal share ($164,295) and a 25% local share ($54,765), along with $10,895 allocated for grant management expenses.
The LHMP update will be a carefully organized, three-year project designed to help the City prepare for and mitigate potential hazards. This update will unfold in multiple phases, starting with strategic planning to ensure alignment with the City’s General Plan. Subsequent phases will include the identification and assessment of natural and human-made hazards specific to the community. Following these assessments, the City will develop targeted actions to reduce vulnerabilities and enhance community resilience.
Community engagement is a critical component of this process, with opportunities for resident input through public sessions and workshops, ensuring that community priorities and insights are incorporated into the plan. Upon completion of the draft, it will undergo a thorough review and approval process by both CalOES and FEMA, ensuring compliance with all state and federal standards and resulting in a robust, actionable plan for safeguarding the community.
Council Packet - November 18, 2024
CalOES Hazard Mitigation Assistance Grant Program Resolution, Page 2
Throughout November and December, the City will prepare and issue a Request for Proposals (RFP) to engage a consulting firm that will lead the LHMP update process. This contract is scheduled to be awarded in January 2025.
FISCAL ANALYSIS
An amendment to the Fiscal Year 2024-25 Adopted Budget is required and will be completed once the contract is awarded to a vendor who will lead the LHMP udpate.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
The City Attorney has reviewed and approved this report.
ATTACHMENTS
1. CalOES Hazard Mitigation Grant Program Resolution
Report Prepared By:
Andrea Blockinger, Administrative Analyst
Council Packet - November 18, 2024
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, CALIFORNIA,
DESIGNATING ITS AGENTS FOR THE PURPOSE OF APPLYING FOR FEDERAL FINANCIAL ASSISTANCE.
BE IT RESOLVED by the City Council of the City of
La Verne as follows:
Section 1. That the City Manager, Fire Chief, or Director of Finance are hereby authorized to execute for and on behalf of the City of La Verne, a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program.
Section 2. That the City of La Verne, a public entity established under the laws of the State of California, hereby authorizes its agents to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
Section 3. This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
Section 4. The Mayor shall sign and the Deputy City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 18th day of November, 2024. ______________________________________
Mayor Tim Hepburn
ATTEST:
_______________________________
Debra Fritz, Deputy City Clerk
CERTIFICATION
I, Debra Fritz, duly appointed and Deputy City Clerk of the City of La Verne, do hereby certify that the above is a true and correct copy of a resolution passed and approved by the City Council of the City of La Verne at a meeting thereof held on the 18th day of November, 2024, by the following vote:
Council Packet - November 18, 2024
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
Debra Fritz, Deputy City Clerk
Council Packet - November 18, 2024
City of La Verne,City Council
Agenda Report
DATE: November 18, 2024
TO: Honorable Mayor and City Council
FROM: Candice Bowcock, Principal Planner
SUBJECT: ADOPTION OF AN URGENCY ORDINANCE ESTABLISHING MINIMUM DENSITIES IN THE MIXED-USE 1 AND MIXED-USE 2 DISTRICTS OF THE
OLD TOWN LA VERNE SPECIFIC PLAN AND DETERMINATION THAT THE
ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
SUMMARY
In 2013, the City adopted the Old Town La Verne Specific Plan (OTLVSP) which provided for various residential densities throughout the specific plan area. Various other plans and actions adopted by the City are in part dependent on the housing projections of the OTLVSP. In order to accomplish the vision of the OTLVSP and these other plans, it is necessary to establish a minimum density requirement on portions of the OTLVSP. The Urgency Ordinance proposes establishing a minimum density of 38 units per acre on the Mixed-Use 1 and Mixed-Use 2 Districts.
RECOMMENDATION
That the City Council, through a 4/5 vote, adopt the Urgency Ordinance establishing the minimum densities in the Mixed-Use 1 and Mixed-Use 2 Districts of the Old Town La Verne Specific Plan and determine that the Urgency Ordinance is Exempt from the California Environmental Quality Act per sections 15378(b)(5) and 15061(b)(3) and the City’s environmental guidelines.
DISCUSSION
In 2013, the City adopted the Old Town La Verne Specific Plan which provided a guiding vision for the Specific Plan area. In recognition of the eventual Gold (now “A”) Line station, the OTLVSP established higher densities in the vicinity of the station. Specifically, the areas on the attached map are designated Mixed-Use 1 District and Mixed-Use 2 District with maximum residential densities respectively of 60 and 70 dwelling units/acre. Given that the OTLVSP requires minimum inclusionary affordable housing, the actual densities increase beyond those amounts.
In 2017, the City established an Enhanced Infrastructure Financing District (EIFD) near the future light rail station to capture increments of the generated property taxes. The purpose of the district was to establish a funding mechanism to facilitate the construction of infrastructure improvements in the area, furthering the development goals of the City. The tax increment funding generated in the EIFD is largely dependent upon the amount of new development, including residential development, in the area, thus allowing the district to capture a portion of the increased valuations. Residential development was based on the densities set forth in the
Council Packet - November 18, 2024
Adoption of an Urgency Ordinance Establishing Minimum Densities in the Mixed-Use 1 and Mixed-Use 2 Districts of the Old Town La Verne Specific Plan and Determination that the Ordinance is Exempt from the California Environmental Quality Act., Page 2
OTLVSP and while it is understood that some development scenarios could still generate desired assessment levels, a lower density development could impact that future assessed value generation of the district.
In 2022, the City adopted, and the State Housing and Community Development Department (HCD) approved, the City’s 6th Cycle Housing Element. The City was not required to rezone any properties to different uses or higher densities as the City’s housing numbers could be accommodated within sites primarily within the OTLVSP. The analysis was based on the densities allowed under the OTLVSP. The Housing Element also contains policies to encourage higher density development, with Policy 4.3 specifically providing for higher-density and mixed use projects around the Metro A Line station.
As staff has been working on processing the ordinance changes required under the Housing Element and updating the La Verne Municipal Code to comply with new provisions of state law, it has come to the realization that there are no minimum densities requirements in the OTLVSP. This means that developers could build to much lower densities than originally anticipated. Such an outcome would thwart the vision of the OTLVSP, potentially interfere with the EIFD achieving the anticipated financial outcome, and result in a loss of anticipated housing units creating a need for the City to rezone other properties to maintain an adequate supply of housing sites for lower income units. While there is a need to ensure adequate housing is developed, there is also a need to avoid the creation of housing constraints that would foreclose various types of housing opportunities.
There are 84 Inventory Sites identified in the Housing Element within the OTLVSP, with 18 of these sites located in Mixed-Use 1 and Mixed-Use 2 Districts and the remaining 66 sites located in other districts. Only the sites in Mixed-Use 1 and Mixed-Use 2 had an anticipated density of more than 50 du/acre. It is therefore recommended that for these 18 sites, the City establish a minimum density requirement of 38 du/acre in these districts. No minimum requirements would be placed on the other sites, leaving ample opportunity for all types of development, while helping realize the goals of the OTLVSP, EIFD, and 6th Cycle Housing Element.
FISCAL ANALYSIS
There is no direct fiscal impact based on the adoption of this Urgency Ordinance. Any future fiscal impact will be on a case-by-case basis from individual developments considered separately at time of submission.
ENVIRONMENTAL ANALYSIS
The Ordinance is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to CEQA Guidelines Section 15378(b)(5) because it will not result in direct or indirect physical changes in the environment in that the Ordinance will not impact the type or intensity of use already allowed on the properties. Furthermore, even if the amendment was considered to be a project, it would be exempt from environmental review pursuant to the “common sense exemption” per CEQA Guidelines Section 15061(b)(3) as the Ordinance does not provide for any change in development capacity beyond that which currently exists and therefore will not have any new environmental impacts.
Council Packet - November 18, 2024
Adoption of an Urgency Ordinance Establishing Minimum Densities in the Mixed-Use 1 and Mixed-Use 2 Districts of the Old Town La Verne Specific Plan and Determination that the Ordinance is Exempt from the California Environmental Quality Act., Page 3
LEGAL REVIEW
The City Attorney has reviewed and approved this report and the Urgency Ordinance.
ATTACHMENTS
1. Urgency Ordinance - Minimum Density in OTLVSP
2. OTLVSP Mixed Use 1 and
2 Map
Council Packet - November 18, 2024
URGENCY ORDINANCE
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, CALIFORNIA, AMENDING THE LA VERNE MUNICIPAL CODE
TO AMEND THE OLD TOWN LA VERNE SPECIFIC PLAN BY INCLUDING A MINIMUM DENSITY REQUIREMENT FOR MIXED-USE 1 AND MIXED-USE 2
DISTRICTS
WHEREAS, in March 2013, the City of La Verne adopted the Old Town La Verne Specific Plan (“OTLVSP”) which provided a guiding vision for the Specific Plan Area; and WHEREAS, the OTLVSP provides for a variety of different land use districts; and WHEREAS, the areas south of Arrow Highway are located in the “Arrow Corridor/TOD Sector” as most of these parcels lie within one-quarter mile of the Metro A Line (formerly Gold Line) station and are designated as Mixed-Use 1 District and Mixed-Use 2 District; and
WHEREAS, Mixed-Use 1 District is shown in the OTLVSP Old Town La Verne Specific Plan as having a maximum residential unit density of 60 du/acre and Mixed-Use 2 District is shown as having a maximum residential density of 70 du/acre; and WHEREAS, on November 21, 2022, the City Council of the City of La Verne approved its 6th Cycle Housing Element; and
WHEREAS, the Housing Element provided sufficient sites to meet the City’s Regional Housing Needs Assessment (RHNA) without the need to rezone or upzone any sites in part based on the Housing Element’s Inventory Sites included in the OTLVSP at the specified densities; and
WHEREAS, a number of policies in the Housing Element encourage higher density development and Policy 4.3 specifically provides that the City should encourage higher density and mixed-use projects in the form of transit-oriented development around the Metro A Line station; and
WHEREAS, the City has been working on implementing required zoning amendments as specified in the Housing Element; and
WHEREAS, it has been brought to the City’s attention that there is no minimum density requirements for development in the OTLVSP area; and WHEREAS, the failure to impose minimum densities and allow properties to be developed at significantly less than anticipated densities could interfere with the visioning
Council Packet - November 18, 2024
of the OTLVSP and the ability of the City to satisfy its RHNA obligations, which could lead to the need to rezone additional properties in the City to make up for a shortfall; and WHEREAS, with the changes in housing law and the ability to vest a project at the development standards in place on the day that a preliminary application is filed, in order to protect the OTLVSP, and the policies behind the Housing Element and satisfy the City’s RHNA obligations, it is necessary to establish an immediate minimum density in place on the sites that are designated for the highest densities in the OTLVSP, as shown on the map attached hereto as Exhibit A, while also being mindful of the need not to create undue housing constraints; and
WHEREAS, after placing a minimum density on the sites identified in the OTLVS as Mixed-Use 1 and Mixed-Use 2 districts there will still be 66 Inventory Sites left that do not require any minimum densities which will provide sufficient opportunity for a variety of housing types;
NOW, THEREFORE, THE CITY COUCNIL OF THE CITY OF LA VERNE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Whereas clauses listed above are true and correct and incorporated herein as findings of fact.
SECTION 2. Figure 10.1: Development Standards for the Old Town Mixed-Use, Mixed-Use 1 and 2, Medium Density Residential and University of La Verne Districts is hereby amended by adding a footnote (c) and (d) as follows, all other provisions of the chart remain the same:
Council Packet - November 18, 2024
Land Use
Districts
Max.
Height
Min. Lot
Size
Max. Resid.
Unit Density
Public Street
Setback
(except as
noted in
Design
Standards &
Guidelines)
Public Alley
Setback
(except as
noted in
Design
Standards &
Guidelines)
Parking
Mixed-Use 1 72 feet 40,000 SF 60 DU/ACRE(c) 0 FT* 2 FT 2 spaces per 1,000 SF or retail/7.5 spaces per 1,000
SF or restaurant/2 spaces
per 1,000 SF of office/1
space per residential
bedroom
Mixed-Use 2 84 feet(a)
108 feet(b)
40,000 SF 70 DU/ACRE(d) 0 FT* 2 FT 2 spaces per 1,000 SF or retail/7.5 spaces per 1,000
SF or restaurant/2 spaces
per 1,000 SF of office/1
space per residential
bedroom
* Projects over 10,000 square feet or with a frontage that exceeds 100 feet are subject to landscaping and open space improvements subject to review and approval by the Development Review Committee. (a) Residential or Office
(b) Hotel
(c) In this District there is a minimum residential density of 38 du/acre. (d) In this District there is a minimum residential density of 38 du/acre.
SECTION 5. CEQA. The Ordinance is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant CEQA Guidelines Section 15378(b)(5) because it will not result in direct or indirect physical changes in the environment in that the Ordinance will not impact the type or intensity of use already allowed on the properties. Furthermore, even if the amendment was considered to be a project, it would be exempt from environmental review pursuant to the “common sense exemption” per CEQA Guidelines Section 15061(b)(3) as the Ordinance does not provide for any change in development capacity beyond that which currently exists and therefore will not have any new environmental impacts. Staff is directed to file a Notice of Exemption.
SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional.
SECTION 7. Emergency Declaration/Effective Date. The City Council declares this Ordinance to be an emergency measure, to take effect immediately upon adoption pursuant to California Government Code sections 36934 and 36937(b). The facts constituting the emergency are as set forth above in the recitals of this ordinance.
Council Packet - November 18, 2024
SECTION 8. Staff is directed further to process this Ordinance through the normal hearing process.
SECTION 9. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED this 18th day of November, 2024.
______________________________________
Mayor Tim Hepburn
_______________________________
Debra Fritz, Deputy City Clerk
CERTIFICATION
I hereby certify that the foregoing Urgency Ordinance XXX was duly adopted by the City Council of the City of La Verne as an urgency ordinance at a meeting thereof held on the 18th day of November, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
Debra Fritz, Deputy City Clerk
Council Packet - November 18, 2024
Old Town La Verne Specific Plan (portion)
Mixed-Use 1 and 2 Districts
Council Packet - November 18, 2024
City of La Verne,City Council
Agenda Report
DATE: November 18, 2024
TO: Honorable Mayor and City Council
FROM: Yvonne Duran, Community Services Director
Meg McWade, Public Works Director
SUBJECT: PARKS & RECREATION MASTER PLAN UPDATE AWARD OF CONTRACT.
SUMMARY
The City of La Verne’s Parks and Recreation Master Plan, last updated in 2006, is due for a comprehensive update to reflect the City’s growth and evolving community needs. After a thorough request for proposals (RFP) process, the City has identified KTU & A Planning and Landscape Architecture (KTUA) as the most qualified firm to lead this update.
RECOMMENDATION
That the City Council authorize the City Manager to execute a Professional Services Agreement, and any amendments related thereto, with KTUA, at prices bid, with an estimated cost of $274,120, for the update of the Parks and Recreation Master Plan.
DISCUSSION
Parks and Recreation Master Plan Overview
Cities establish a Parks and Recreation Master Plan to define a long-term vision for developing, maintaining, and reassessing parks, recreation facilities, programming, and staffing. This Master Plan, usually spanning 10 to 20 years, provides a strategic roadmap for cities to deliver vibrant, accessible, and sustainable parks and recreation services aligned with residents' needs and future growth.
The City of La Verne adopted its first Park and Recreation Master Plan in 1989 and updated it in 2006. Now, as the Plan nears the end of its 20-year scope, a thorough review is essential to address the city’s significant growth and changes since its last update. Previously, the Plan’s scope was managed solely by the Parks and Community Services Department. However, this new version will expand to include both Community Services and Public Works, reflecting the critical role both departments play in parks maintenance, services, and programs. Community feedback will guide this update, enabling the departments to identify and prioritize programs that best serve La Verne’s residents.
Project Initiation and Consultant Selection
On September 5, 2024, the City issued a RFP to engage a qualified consulting firm to prepare an updated 20-year Parks and Recreation Master Plan. This Plan will accomplish several key objectives:
Council Packet - November 18, 2024
Parks & Recreation Master Plan Update Award of Contract., Page 2
• Identify current and future parks and recreational needs through a capital improvement plan for developing and expanding parks, trails, and open space. • Provide an operations and maintenance plan that defines appropriate maintenance levels, replacement schedules, and staffing levels.
• Provide an operations plan that defines appropriate recreational programs and staffing levels.
• Develop an action plan for prioritizing, scheduling, funding, and accomplishing the identified needs.
• Recommend new and/or modify existing policies to guide City Staff and City Council for the planning, development, and expansion of the City’s open space, parks, trails, and recreation resources.
Following the October 10, 2024, close of the bidding process, the City received two proposals from BarryDunn and KTUA. An Interdepartmental Review Committe evaluated the proposals based on experience, methodology, references, and cost, as detailed in the attached Proposal Summary. After scoring, KTUA was identified as the most suitable choice for the City's needs.
KTUA’s proposal includes three subconsultants—110%, RRC Associates, and PROS Consulting—to support specialized tasks such as a statistically-valid community survey, financial analysis, and an operations and maintenance assessment. If awarded, KTUA’s work is slated to commence in December 2024, with the final plan scheduled for presentation to the City Council in December 2025.
The Master Plan update will involve comprehensive community outreach throughout the planning process to ensure broad public input. Outreach efforts will include focus groups, community workshops, surveys, and participation in local events. KTUA will conduct evaluations of current parks and recreation facilities, finalize a needs assessment, develop a capital improvement plan, and draft an operations and maintenance plan. The final deliverable will be an actionable implementation plan that reflects the community’s vision for the future of La Verne’s parks and recreation services.
FISCAL ANALYSIS
The Fiscal Year 2024-25 Adopted Budget includes adequate appropriations within the Measure A Fund (Fund 237) to cover the estimated cost of $274,120 for the Professional Services Agreement with KTUA. Measure A is the Los Angeles County Safe, Clean Neighborhood Parks and Beaches Measure. The cost for the Master Plan is an eligible cost under the Technical Assistance Program, Planning and Design/Funds. Thus, no General Funds will be used for completion of the Master Plan.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
The City Attorney has reviewed and approved of this report.
ATTACHMENTS
1. RFP Final Grading
Council Packet - November 18, 2024
Parks & Recreation Master Plan Update Award of Contract., Page 3
2. Professional Services Agreement
3. Parks & Recreation Master Plan Update RFP
4. KTUA Proposal
Report Prepared By:
Andrea Blockinger, Administrative Analyst
Council Packet - November 18, 2024
Parks and Recreation Master Plan Final Review
RFP Grading
Consultant Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4 Total BerryDunn 79 92 90 90 351
KTUA 96 86 98 88 368
Interview Grading
Consultant Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4 Total BerryDunn 23 27 20 27 97
KTUA 21 25 25 25 96
Cost Analysis
Consultant Cost
BerryDunn $274,373
KTUA $274,120
Reference Check Summary
Consultant Reference Check Summary
BerryDunn 3 received from the cities of Palmdale and Novato, and the Willamalane Park/Recreation District:
Concerns about time management and quality of work product identified in relation to the Project Manager.
KTUA 2 received from the cities of Gardena and Bellflower:
Top scores across the board with Jacob Leon marked as the lead in both projects.
Council Packet - November 18, 2024
1 KTUA
Rev. 7-2024
CITY OF LA VERNE
PROFESSIONAL SERVICES AGREEMENT
WITH
KTUA
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 18th day of November, 2024 (“Effective Date”), by and between the CITY OF LA VERNE, a municipal corporation (“City”), and KTUA, a Small Business Enterprise (“Consultant”).
RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to update the City’s Parks and Recreation Master Plan, 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 professional services described in City’s Request for Proposals, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both 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;
Council Packet - November 18, 2024
2 KTUA
Rev. 7-2024
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(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 under 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 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 section 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 personal 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 services 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 “C,” attached hereto and made a part of this Agreement (the “Fee Schedule”).
Consultant’s total compensation shall not exceed two-hundred and seventy four thousand, and one hundred and twenty Dollars ($ 274,120.00).
Council Packet - November 18, 2024
3 KTUA
Rev. 7-2024
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 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 the 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, the 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, 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.
Council Packet - November 18, 2024
4 KTUA
Rev. 7-2024
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 12 months, ending on November 2025, 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 shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement 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 of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization 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 Best’s Key Insurance Rating Guide, 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 automobile 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.
Council Packet - November 18, 2024
5 KTUA
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 addition- al 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
Council Packet - November 18, 2024
6 KTUA
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 City 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.
IF TO CONSULTANT: IF TO CITY:
Council Packet - November 18, 2024
7 KTUA
Rev. 7-2024
_________________
_________________
_________________
City of La Verne
3660 D Street
La Verne, CA 91750
Tel: _________________ Tel: 909 526 8726
Attn: _________________ Attn: _________________
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 hereto 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 release Consultant of Consultant’s obligation to perform all other obligations 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 performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its
Council Packet - November 18, 2024
8 KTUA
Rev. 7-2024
employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts 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 licenses, 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, assessments, 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 indemnification arising under this paragraph.
Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.
The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant's participation in the planning, discussions, or drawing of project plans or specifications, if any, shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.
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 Consultant or its employees, agents, or
Council Packet - November 18, 2024
9 KTUA
Rev. 7-2024
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 to, 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 employer contribution and/or employee contributions for PERS benefits.
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 of City. 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 indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including 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 Act (California Government Code section 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 sections 81000, et seq.) and Government Code section 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
Council Packet - November 18, 2024
10 KTUA
Rev. 7-2024
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.
6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
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
Council Packet - November 18, 2024
11 KTUA
Rev. 7-2024
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 provision 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 shall 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 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.]
Council Packet - November 18, 2024
12 KTUA
Rev. 7-2024
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: __________________________ Ken Domer
City Manager
ATTEST:
__________________________________
Debra Fritz
Deputy City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
Council Packet - November 18, 2024
EXHIBIT A
REQUEST FOR PROPOSALS
Council Packet - November 18, 2024
EXHIBIT B
CONSULTANT’S PROPOSAL
Council Packet - November 18, 2024
EXHIBIT C
FEE SCHEDULE
Council Packet - November 18, 2024
EXHIBIT D
PROJECT SCHEDULE
Council Packet - November 18, 2024
REQUEST FOR PROPOSALS (RFP)
PARKS AND RECREATION MASTER
PLAN UPDATE
PROPOSALS MUST BE RECEIVED BY
5:00 PM ON THURSDAY, OCTOBER 10,
2024
City of La Verne
3660 “D” Street
La Verne, CA 91750
Council Packet - November 18, 2024
RFP Issue Date: Thursday, September 5, 2024
Proposal Name: Parks and Recreation Master Plan Update
Proposal Due Date: Thursday, October 10, 2024, by 5:00 PM Questions: Please direct any questions or concerns to Yvonne Duran at [email protected] via email by 5:00 PM on
Thursday, September 19, 2024. Only questions with
“Parks and Recreation Master Plan Update Questions”
in the subject line will be accepted. Answers to submitted questions will be posted on the Planet Bids portal.
Proposal Submitted To: Proposals must be submitted electronically for the exact item(s) requested in the RFP specifications. Proposals
must be submitted through Planet Bids at:
https://pbsystem.planetbids.com/portal/45040/portal-home
Due Date and Delivery:
Proposals are to be submitted via Planet Bids. Proposals must be for the entire scope of services outlined in this RFP . Incomplete proposals will not be considered. The electronic bid system will close exactly at the date and time set forth in this RFP , Thursday, October 10, 2024, by 5:00 PM. All applicable forms required to be completed per the RFP shall be submitted electronically prior to the RFP deadline. Hard copies will not be accepted. It is the Proposer’s sole responsibility to ensure that their proposal is received as specified. Proposals may be submitted earlier than the date(s) and time(s) indicated.
Proposals must be submitted through Planet Bids at:
https://pbsystem.planetbids.com/portal/45040/portal-home
Council Packet - November 18, 2024
TABLE OF CONTENTS
SECTION I: GENERAL INFORMATION 4
A. BACKGROUND 4
B. OBJECTIVE 5
SECTION II: SCOPE OF WORK 5
SECTION III: PROPOSAL SUBMITTAL REQUIREMENTS 11
A. TENTATIVE SCHEDULE OF EVENTS 11
B. SUBMISSION OF PROPOSALS 11
SECTION IV: PROPOSAL EVALUATION 13
SECTION V: GENERAL TERMS AND CONDITIONS 14
SECTION VI: ENCLOSURES 15
Council Packet - November 18, 2024
City of La Verne
PARKS AND RECREATION MASTER PLAN UPDATE – RFP
SEPTEMBER 2024
SECTION I: GENERAL INFORMATION
A. BACKGROUND
The City of La Verne is located along the foothills of the San Gabriel and Pomona Valleys. La Verne was founded in 1887 and incorporated in 1906, is approximately 35 miles east of Los Angeles, and has a population of over 33,000. The City maintains a council-manager form of government in whic h the City Council develops and establishes ordinances and policies in the best interest of its citizens.
The City of La Verne maintains over 100 acres across 21 parks. These parks boast various facilities including tennis courts, pickleball courts, soccer fields, softball fields, baseball fields, and playgrounds. One of these parks, Las Flores Park, also has an Aquatics Center utilized by La Verne residents, the University of La Verne, and the Bonita Unified School District.
The City is responsible for the creation, development, implementation, and administration of recreational, social and community service programs and activities, as well as special events. Recreation programs are categorized into distinct service areas: adult sports, youth sports, and senior events. The City also provides several youth and family programs such as emergency food services, mental health services and homeless services.
The City of La Verne (City) is seeking an experienced consulting firm (Consultant) to coordinate and prepare a comprehensive 20-year Parks and Recreation Master Plan.
The purpose of this Plan is to focus on immediate, short -term, and long-term capital development and improvement strategies that correspond to priority investments for critical parks and recreation services. The goal of the Plan is to provide a road map to accomplish the following:
• Identify current and future parks and recreational needs through a capital improvement plan for developing and expanding parks, trails, and open space. • Provide an operations and maintenance plan that defines appropriate maintenance levels, replacement schedules, and staffing levels.
• Provide an operations plan that defines appropriate recreational programs and staffing levels.
• Develop an action plan for prioritizing, scheduling, funding, and accomplishing the identified needs.
• Recommend new and/or modify existing policies to guide City Staff and City Council for the planning, development, and expansion of the City’s open space, parks, trails, and recreation resources.
Council Packet - November 18, 2024
City of La Verne
PARKS AND RECREATION MASTER PLAN UPDATE – RFP
SEPTEMBER 2024
B. OBJECTIVE
The City of La Verne is seeking a qualified firm to develop a comprehensive Parks and Recreation Master Plan. The comprehensive Parks and Recreation Master Plan will serve as a guide and implementation tool for the management, improvement, and development of parks and recreation facilities, programs, and opportunities for the City.
Overall, the objective is to create a clear action plan and financial strategy plan which serve to define a path for providing parks and recreation needs for the City of La Verne over the next twenty (20) years . The plan shall include at a minimum the following sections:
• Executive Summary
• Parks and Facility Inventory and Assessment;
• Community Needs Survey and Community Outreach for Specific Park Improvements;
• Recreation Facilities & Programs Service Levels Assessment & Recommendations;
• Capital Improvement Plan through the twenty-year horizon; • Maintenance Plan Service Level and Assessment including staffing levels; • City Policy Review and Recommended General Plan Updates (if applicable); • Financial Strategy Plan for operations and initial 10-year CIP; and • Implementation Action Plan(s) versions utilizing a variety of funding sources.
SECTION II: SCOPE OF WORK
Project tasks shall include, but are not necessarily limited to, those items noted below. If the consultant feels that additional tasks are warranted, they must be clearly identified in the consultant’s proposal. Please note all references to “meeting(s)” will mean face - to-face meetings and not conference calls.
Staff Meetings
• The consultant shall conduct an initial kick -off meeting with City staff to discuss expectations and outline a clear implementation schedule for the timely completion of this project.
• The consultant will hold regular consultations with City staff and occasional review with executive staff leadership to review progress, present information, and recommend direction, for the remaining portions of the project. These meetings will occur as needed but not less than once a month throughout the project period.
Council Packet - November 18, 2024
City of La Verne
PARKS AND RECREATION MASTER PLAN UPDATE – RFP
SEPTEMBER 2024
Establish Plan, Vision, Goals, and Objectives
• Incorporate the City’s mission statements and values throughout the Parks and Recreation Master Plan.
• Consider future trends and planning best practices for use of public space for recreation, wellness, and community building.
Evaluate Existing Conditions
• Reference the City’s current General Plan*, 2006 Park Master Plan, Citywide Design Guidelines, Specific Plans, CIP , applicable ordinances, and other pertinent community development plans.
o *The City is currently undergoing a General Plan update and coordination to ensure that objectives are standard across both plans is required. • Reference the City’s parks and recreation facility reports, sports team agreements, and recreation programs.
• Reference regional and state plans, including but not limited to, the Los Angeles County Park Needs Assessment.
• The Consultant shall compile a comprehensive inventory and assessment of existing recreational programs, services and facilities provided throughout the community by other private and public organizations in addition to those provided by the City.
• The Park System Facility inventory shall be organized by park categories, which are consistent with the City’s General Plan and that can be integrated into a GIS Dataset; e.g., community, specialized, County, State, Federal, private, etc.
Inventory also to be provided in table format with details by park and a summary sheet. The analysis should consider the capacity of each amenity as well as their functionality, accessibility, condition, comfort, and convenience. Facilities to be identified and included in the inventory are as follows:
o The existing public and private recreational facilities and open space within the City. Leading party/ownership must be clearly identified. o Existing trail, greenbelt, natural and other green infrastructure resources which are being used for access, recreational, habitat, and open space purposes.
o City-owned parks and recreational amenities; e.g. ballfields, basketball courts, tennis courts, restrooms, playgrounds, furnishings, etc. o Greenscape and trees as appropriate.
o Parking and accessibility.
• Work with staff to evaluate existing levels of community, family, and recreation programs and within the City’s surrounding community, public and private, to
Council Packet - November 18, 2024
City of La Verne
PARKS AND RECREATION MASTER PLAN UPDATE – RFP
SEPTEMBER 2024
determine adequacy of current services and recreational opportunities for all City residents.
• Provide a thorough analysis of existing funding practices, sources of funds, and funding levels for both “parks and facilities” and “recreation programs and services.”
• Review and discuss existing funding mechanisms and cost recovery practices for recreation programs and services.
• Analyze the best possible providers of the community and recreation services and facilities. It will include an analysis of possible competition of duplication of services through other public and private service and facility providers, and recommendations for mi nimizing duplication and/or enhancing possibilities for collaborative partnerships where appropriate.
Community Profile, Outreach, and Engagement
• The Consultant shall research and identify unique qualities, geography, demographics, adopted planning studies/plans and trends specific to the City that will affect Master Plan considerations for the future. The demographic analysis and marketing profile will encompass information available from the United States Census Bureau, Southern California Association of Governments profile and other local and national sources as available. The analysis will use approved methods to evaluate current and future users of recreation facilities, programs, and s ervices through the twenty year horizon.
• The Consultant shall identify the constituency of the City through a demographic analysis and market profile.
• The Consultant shall facilitate a minimum of four (4) focus group sessions with La Verne residents to solicit input and priorities for recreation facilities, programs and service needs and desires. Bilingual communication accommodations are required, by request.
o Meetings must be available both in-person and through online formats which are managed by the consultant.
o Participants will include, but not to be limited to, key stakeholders, user groups and City officials.
• The Consultant will create and conduct a community -wide, quality -based, statistically valid survey to gather information from random resident representatives of the community. The survey shall be approved by the City and be customized to fit the needs of t his project and address the City’s population shifts and changing social and economic conditions. The survey shall determine current levels of participation, and public satisfaction with existing programs, recreation facilities, and services. It shall also determine public interests, desires, expectations, and priorities for the future.
Council Packet - November 18, 2024
City of La Verne
PARKS AND RECREATION MASTER PLAN UPDATE – RFP
SEPTEMBER 2024
• The consultant shall prepare the necessary materials, as required, for community meetings, and conduct minutes of the meetings . These minutes shall be incorporated into the Plan.
• Prepare handouts and other media for posting on the City’s website, social media, and at community meetings.
• The consultant shall conduct one (1) meeting before the Planning Commission and two (2) meetings before the City Council. The consultant shall prepare all necessary materials for these meetings, including the development of agenda reports and PowerPoints.
Needs Assessment & Recommendations
• The Consultant shall include a comparative analysis to at least ten (10) communities of similar size and density, both regionally and nationally, using nationally accepted park and recreation standards.
• Identify future participation and the needs and issues of “equitable distribution of service and opportunity” for all ages and income levels. • Identify land that can serve as a potential park system acquisition and/or parks development opportunity within the community.
• The consultant shall develop an updated financial plan with recommendations that would be applicable to addressing the financial needs and priorities of the community.
• Identify new or alternative sources of funds that might reasonably be developed to supplement existing funding methods; identify and discuss new funding practices that might present long term funding stability.
• Recommend appropriate levels of cost recovery through fees. Recommendations should balance cost recovery with issues of affordability. o The City recently sought potential firms to complete a Development Impact Fee assessment. The Consultant shall review any draft or finished product or, based on timing of work, coordinate with fee consultant to provide recommendations regarding the propos ed park development impact fee and other planning guidelines and standards.
• Provide an analysis of the City’s recreational facilities, programs, and services with a focus on comparing the existing resources, revenues generated, community’s needs and wants, policies and standards. This analysis is critical for determining facility, programming, and revenue strategies necessary to meet the needs of users and sustain and preserve facilities.
• Provide an analysis of existing and future neighborhood areas, projects service populations, and parkland allocation recommendations within the urban growth boundary based on growth, transportation, and safety; identify and discuss current and anticipated access issues including barriers to participation; make specific
Council Packet - November 18, 2024
City of La Verne
PARKS AND RECREATION MASTER PLAN UPDATE – RFP
SEPTEMBER 2024
recommendations addressing access solutions and future needs including parkland acquisitions and development.
• Identify emerging trends and needs from national and regional studies, regional collaborations, and stakeholder input.
• Seek opportunities to enhance inclusion at existing and new amenities.
Capital Improvement Plan
• Conduct a Capital Improvement Plan for the next 20 years. The improvements list should be generated from the Plan’s inventory, site analysis, assessment, needs survey, and Financial Strategy Plan. The Plan shall include specific real acquisitions/improvement projects that mention site-specific improvements. • A comprehensive list of projects shall be provided including projects for all existing park sites as required for expansion and replacement of old infrastructure, redevelopment/ replacement of existing infrastructure, and build- out of undeveloped parks, acquisition and development of future park sites and adding new amenities to existing parks. Each project shall include a description, cost estimates, project duration and potential funding source(s). • Consultant shall further refine the list to create a 10-year priority CIP Plan and a detailed implementation schedule for first 5 years, including priority projects. The plan shall consider immediate and long-range budget projections, planning staffing needs and operational resources.
Operations and Maintenance Plan
• The Consultant shall prepare a maintenance management plan for the grounds and buildings maintained by the Public Works and Community Services Department s.
Consultant shall provide an evaluation of current maintenance staffing levels based upon the existing department and potential growth with the development of this plan.
• The Consultant shall provide an evaluation and analysis of current operations practices giving specific attention to parks maintenance and staffing (consideration should be given to contract maintenance vs. in -house staffing) with recommendations pertinent to future growth of parklands, buildings and facilities, and related services.
• The Consultant shall prepare a management plan for the recreation programs provided by the Community Services Department (consideration should be given to contract maintenance vs. in -house staffing). Consultant shall provide an evaluation of current staffi ng levels based upon the existing department and potential growth in programs with the development of this plan. • Propose cost-effective funding levels necessary to adequately sustain quality, safe, and cost -effective maintenance operations and practices and sustain
Council Packet - November 18, 2024
City of La Verne
PARKS AND RECREATION MASTER PLAN UPDATE – RFP
SEPTEMBER 2024
recommended levels of maintenance and service. NRPA “levels of maintenance standards” should be used to help define recommendations.
Implementation Action Plan
• Provide an Action Plan to identify and prioritize specific actions required to implement intelligent growth of our park system and services. The Plan shall consider all information gathered in inventory tasks, analysis, funding opportunities, phasing, community priorities and other data as appropriate. • Identify and prioritize specific areas of public need and community interest with regard to program types (sports, outdoor, aquatic, cultural arts, special events, family services, etc.) and populations served (children, teens, adult, senior, family, and disabled).
• Recommend levels of community and recreation services and park facilities, which shall be presented graphically and demonstrate equitable distribution of service and opportunity. A list of site-specific projects, acquisitions, and services shall be generated and prioritized.
• Propose amendments and/or new ordinances as needed to accomplish parks development goals and objectives.
• Identify and prioritize new or modified citywide and specific park, field, and open space policies.
• Provide estimates of annual costs and funding sources for actions within the Implementation Action Plan.
• Report shall have clear, actionable and implementable steps for the city to prioritize with recommendations in the next 5 years, 10 years, 15 years, and 20 years.
Deliverables
• Periodic status reports to the City and City Council throughout the scope of work. • Public outreach survey.
• Project website, which includes periodic updates.
• Focus group session and meeting materials.
• Reports for the draft and final Plan which summarizes the findings and conclusions, including a clear demonstration that the consultant has fulfilled all the elements contained in the agreed upon scope of work. • The consultant shall ensure that the finalized Parks and Recreation Master Plan is considered by the City Council in a reasonable timeline, based on time frames outlined in the submitted proposal.
• The consultant shall develop a finalized Parks and Recreation Master Plan that is submitted to the City in the following formats:
o Word Document
o PDF
Council Packet - November 18, 2024
City of La Verne
PARKS AND RECREATION MASTER PLAN UPDATE – RFP
SEPTEMBER 2024
o 15 professionally bound, printed copies
• The Consultant shall establish and recommend a Park Land Acquisition and Development Policies Manual. The manual will include updated policies, General Plan updates for Land Use, Public Facilities, Open Space and Recreation sections, ordinances, identify park land acquisition priorities and satisfy long range service objectives.
SECTION III: PROPOSAL SUBMITTAL REQUIREMENTS
A. TENTATIVE SCHEDULE OF EVENTS
The following is a tentative schedule of this entire RFP process. While the City will attempt to apply the necessary resources to maintain this schedule, the following dates are merely projections, and the City reserves the right to modify this schedule as needed to accommodate the completion of this RFP process. The following is a tentative timeline for the evaluation and RFP selection procedure.
RFP Issued THURSDAY, SEPTEMBER 5, 2024
Deadline for Written Questions THURSDAY, SEPTEMBER 19, 2024 Response to Questions THURSDAY, SEPTEMBER 26, 2024
Proposal Submittal Deadline THURSDAY, OCTOBER 10, 2024
Review of Proposals OCTOBER 2024
Council Review and Approval NOVEMBER 2024
Contract Start Date DECEMBER 2024
B. SUBMISSION OF PROPOSALS
The Proposal shall include the following:
1. Cover Letter
i. Maximum of two (2) pages
ii. Address to City Manager Ken Domer
2. Executive Summary
i. In a brief narrative, describe the proposed solution by setting forth the overall approach and plans to meet the requirements of the RFP .
The intent of this narrative is to convey to the City that the firm understands the objective of the requested service, the nature of the work, and the level of effort necessary to successfully provide the defined services. The narrative should stipulate how the firm’s approach and plans to provide the services are appropriate to the tasks involved.
3. Scope of Work
Council Packet - November 18, 2024
City of La Verne
PARKS AND RECREATION MASTER PLAN UPDATE – RFP
SEPTEMBER 2024
i. Describe the firm’s approach to managing the project, including an implementation plan that describes in detail the specific plans to manage, control, and supervise the project to ensure satisfactory provision of services.
ii. Provide a project timeline designed to meet the requirements of the City, as well as scheduling and control methodology that will be used to ensure the schedule will be met. The timeline should include key milestone dates and a detailed description of key project steps. iii. Provide a description of the implementation plan considerations, including estimated time frames and deliverables for various stages of the project.
iv. Detailed description of the specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work. v. Identify the project team, including an organizational chart and resumes of each team member. Specify the responsibilities of each team member, including subconsultants, along with their anticipated total effort in the project, shall be detailed in a matrix of total hours of work for each task versus each job classification on the project vi. Identify the primary and alternative representative to perform the services described in the scope of work. The identified individuals shall remain in responsible charge of all duties from contract negotiations through project completion. If the primary representative is unable to continue with the project, then the alternate representative shall become the primary representative upon the City’s approval.
vii. Provide a detailed description and/or examples of your quality control procedures that ensures all work products delivered to the City (i.e., drafts and final versions) are of high-quality, and accurate, and have been thoroughly reviewed prior to delivery to the City. viii. Provide examples of recent reports the firm has prepared for similar agencies that allows for review of the draft/services in a reasonable time frame. The reports should be uniform, professional, and easy to understand. The reports should provide summary level information that includes (but not limited to variance analysis), summary of costs to be allocated and collected by Fund, Department, and or function, and the ability to drill down into varying levels of detail, if so desired.
Reports shall also inclu de a summary of all inputs and costs to be allocated that can be used to easily verify the accuracy of the plan. ix. Cost proposal should be all -inclusive to include travel costs and administrative tasks. Include in the cost proposal the rate for
Council Packet - November 18, 2024
City of La Verne
PARKS AND RECREATION MASTER PLAN UPDATE – RFP
SEPTEMBER 2024
additional meetings, if needed. Cost proposal shall also include a cost estimate for all reimbursable costs, indirect costs, and incidentals. x. Costs should reflect prevailing wage requirements.
4. References
i. Provide at least five (5) references from the last five (5) years, past and present, of similar size agencies in California using the same service being proposed and indicate the scope of work, date, and the name, email address, and telephone number of the client contact.
The reference information should include the role your team member had in the work.
5. Required Statements
i. A statement that all charges for services will be a “Not -To-Exceed” fee, as submitted with and made part of said consultant’s quote. ii. A copy of the consultant’s hourly rate schedule and a written statement that said 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 .
iii. A written statement by the consultant that all federal laws and regulations shall be adhered to 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. iv. A written statement by the consultant 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. v. A written statement that the consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
vi. A written statement that the consultant 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.
SECTION IV: PROPOSAL EVALUATION
Proposals will be evaluated on the basis of the response to all provisions of this RFP . Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criteria and corresponding percentages in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City rese rves the right to modify the evaluation
Council Packet - November 18, 2024
City of La Verne
PARKS AND RECREATION MASTER PLAN UPDATE – RFP
SEPTEMBER 2024
criteria and percentage of the score as deemed appropriate prior to the commencement of evaluation. The City reserves the right to hold interviews with some and/or all of the proposers as part of the proposal evaluation process. Should the City determine an interview is required, the Consultant shall ensure the key Project Team Members participate in the interview.
Potential Proposal Evaluation Criteria
Evaluation Criteria Points
Qualifications/Experience/References 25
Thoroughness & Understanding of the
Project 25
Timeline & Methodology 25
Cost of Services 25
Total 100
SECTION V: GENERAL TERMS AND CONDITIONS
1. Read all Instructions. Please read the entire RFP and all enclosures before preparing your proposal.
2. Proposal Costs. Costs for developing proposals are entirely the responsibility of the proposer and shall not be charged to the City. The consultant shall provide all necessary personnel, instruments, equipment, and materials to perform the described services.
3. Proposal Becomes City Property . The RFP and all materials submitted in response to this RFP will become property of the City.
4. Selection of Vendor. The selection of a vendor will be memorialized in the form of a City Agreement (See Section VI – Enclosures), authorized by approval of the City Council, and signed by both parties.
Once a vendor is selected, the Agreement with that vendor must still be negotiated and submitted to the City Council for approval, and there is no contractual agreement between the selected vendor unless and until the City Council accepts and signs the Agreement.
5. Insurance. The City of La Verne requires a certificate of insurance prior to the commencement of any work. Upon successful selection, the consultant has three
Council Packet - November 18, 2024
City of La Verne
PARKS AND RECREATION MASTER PLAN UPDATE – RFP
SEPTEMBER 2024
(3) business days to provide the certificate of insurance to the City in compliance with the Standard City Agreement.
6. Incomplete Proposals May be Rejected. If a Proposer fails to satisfy any of the requirements identified in this RFP , the Proposer may be considered non - responsive and the proposal may be rejected. The City reserves the right to accept or reject any or all proposals or to waive any defects or irregularities in the proposals or selection process.
7. Responsible Representatives . The consultant shall assign a responsible representative and an alternate to perform the assigned tasks. Both staff members shall be identified in the proposal. The consultant’s representative will be responsible for all duties from contract negotiations through project completion. If the primary representative is unable to continue with the project, then the alternate representative will become the primary representative. Any other changes in responsible representative must be approved, in advance, by the City. The City will have the right to reject other proposed changes in personnel and may consider any other changes in responsible personnel a breach of contract
8. City Business License – The selected proposer shall be required to obtain a City of La Verne Business License prior to commencing any work in La Verne.
9. Locality Preference. The City of La Verne reserves the right to have preference towards local bidders.
SECTION VI: ENCLOSURES
Enclosure 1 Standard City Agreement
Enclosure 2 2006 Park Master Plan
Council Packet - November 18, 2024
PARKS AND RECREATION MASTER PLAN UPDATE
PROPOSAL | CITY OF LA VERNE | OCTOBER 10, 2024
3916 Normal Street
San Diego, CA 92103
619-294-4477
[email protected]
Council Packet - November 18, 2024
Contents
1 COVER LETTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 3 SCOPE OF WORK
i. Project Management Approach and Implementation Plan . . . . . . . . . . . . . . . . . . . . 4 ii. Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 iii. Implementation Plan . . . . . . . . . (Included with Project Management Approach) iv. Scope of Work Tasks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 v. Organizational Chart, Work Effort Matrix, and Resumes . . . . . . . . . . . . . . . . . . . . 19 vi. Primary and Alternative Representative . . . . . . . . . . . . . . (Listed on Team Chart) vii. Quality Control Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 viii. Examples of Recent Reports - KTUA Project Experience . . . . . . . . . . . . . . . . . . 31 Subconsultant Profiles and Project Experience . . . . . . . . . . . . . . . . . . . . . . . . . . 37 ix. Cost Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 4 REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 5 REQUIRED STATEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Council Packet - November 18, 2024
3916 Normal Street
San Diego, CA 92103
619-294-4477
www.ktua.com
October 10, 2024
Ken Domer
City of La Verne
3660 D Street
La Verne, CA 91750
Dear Mr . Domer and Members of the Selection Committee, Parks, trails, and open spaces are the vital connections that weave our cities, communities, and neighborhoods together .
The COVID-19 pandemic highlighted the importance of being outdoors with family and friends, providing a much-needed escape from isolation . Parks have become our havens of peace and joy . Cities have recognized the necessity of parks and public spaces, not only for recreation but also for mental well-being, leading to programs that cater to all ages and abilities, helping to rebuild the social connections we once took for granted . It’s encouraging to see the attention given to La Verne’s parks . After visiting several, it became clear that the City is committed to enhancing its impressive park system .
Developments like the new aquatic center at Los Flores Park, the playground at Lowell Brandt Park, and tree removals at Kuns Park demonstrate a strong understanding of the value of recreation . During a recent visit to Heritage Park, despite the sweltering 100-degree heat, six mothers were enjoying a picnic in the shade while their children played throughout the park . The City’s parks are thriving, regardless of the time or weather . The City’s previous Master Plan has undoubtedly contributed to the current state of our parks, and we are dedicated to continuing this investment for future generations .
We also understand that cities grow and evolve, creating new sets of issues and challenges that need to be addressed through collaborative and inclusive approaches . Our goal will be to understand the La Verne community, analyze the existing constraints, and identify the opportunities that will make this Park and Recreation Master Plan Update as compre- hensive as possible, but not lose site of the efforts of the previous plan . Site observations, along with the existing condi- tions analysis, will ensure recommendations developed reflect existing and future needs . Our team of park planners, GIS analysts, landscape architects, and recreation managers will ensure that recommendations are creative and innovative .
We will address logical recommendations such as missing passive and active park amenities, but also consider other ele- ments such as climate resiliency and how parks can help address excessive heat . Grants and other funding sources seek data-driven solutions that provide logical and community supported recommendations . Our park planning techniques incorporate GIS solutions such as park level-of-service, park pressure modeling, and travelshed development, to assess park access and potential gaps .
I will serve as the Principal-in-Charge and Jacob Leon will serve as the Project Manager . Nicole Rogge will serve as Deputy Project Manager and will assist with all major tasks on the project . 110% has partnered with KTUA on several other projects and will provide services that include an analysis of programs and services, an evaluation of maintenance and operations, and the development of financial strategies . The statistically valid survey will be completed by RRC Asso- ciates . RRC, also a longtime partner of KTUA, specializes in obtaining community input on a variety of topics related to parks, recreation, community, and trail amenities . We will also be supported by PROS Consulting to lead the maintenance and operations tasks . Our staff has the capacity to complete the work outlined in this scope and we look forward to the opportunity to discuss our approach and qualifications with you .
Respectfully submitted,
Joe Punsalan, Principal
KTUA AUTHORIZED REPRESENTATIVE
Joe Punsalan, Principal
3916 Normal Street, San Diego, CA 92103
619-294-4477 x127; Cell: 619-851-1870
[email protected]
Council Packet - November 18, 2024
CITY OF LA VERNE | PARKS AND RECREATION MASTER PLAN UPDATE | 2 2 | ExEcutivE Summary
Executive Summary
The City of La Verne needs a plan that analyzes community and capital needs, provides financial solutions, identifies al- ternative funding and partnership opportunities, and recom- mends investment strategies . The KTUA team provides the resources and expertise to meet these needs . We will work together to develop comprehensive community engage-
ment strategies, identify inequities in park and program- ming resources, and develop sound and implementable
recommendations . We will do this by creating a collabora- tive working relationship with City staff, stakeholders, and residents . The following are some of our key approaches to successfully complete this project .
Values and Vision – The City of La Verne’s values reflect the community, leadership, and staff . These values direct the City’s vision for the future and help determine the com- munity conditions that represent priorities of change . From visiting your city in preparation for this proposal, La Verne values investment in parks . KTUA brings a desire to be- come familiar with your residents and parks to bring about positive change to an already great city park system .
Y our city boasts a variety of park amenities, including a Sports Park, a new aquatic center, playgrounds, restrooms, ballfields, shade structures, pickleball courts, and sever- al parks featuring large trees that provide shade . During our initial site visit to prepare this proposal, we noted the well-maintained and newer playgrounds at Los Flores Park, Oak Mesa Park, and Lowell Brandt Park . The restrooms
were also kept in good condition, with recycling bins
available at many of the parks we explored—an uncom-
mon feature in most city parks . Additionally, the mature trees offering shade and a sense of tranquility at parks like Kuns Park, Lincoln Park, and Heritage Park are noteworthy, especially on warm days like when our visits occurred .
These natural features, often overlooked, enhance the park experience . Furthermore, the availability of trails and open spaces increases recreational options and connectivity
throughout the city .
Strong and Comprehensive Public Involvement – Inclusive and engaging communication strategies are needed to es- tablish detailed issue identification, determine the value of public services, and provide a vision for the future that the community supports . This process should form the basis for measuring quantitative and qualitative performance for fis- cal operating stewardship, managing taxpayer investments, establishing mandatory fees and charges, and funding
capital development . The City has already laid out several meetings to involve the City Council, various commissions, and stakeholders which will be key to a successful and
supported project .
Focus groups will also be important to gain valuable insight from a users’ perspective . These meetings can be held as virtual meetings to garner as much participation as pos- sible and can also help advertise for the Plan workshops .
KTUA can also hold these focus group meetings in-person and possibly on the same day as workshops or other meet- ings to provide efficiency on staff time while visiting the city . These are just a few ideas that KTUA will work with the City to refine as part of the community engagement plan .
Focus on Equity Across the City while Recognizing
Context and Needs of Individual Neighborhoods –
With quantitative analysis, it is easier to find consensus on the definition of equity . However, the project should not lose sight of individual differences between neighbor- hoods and the historic way certain newer developer-built communities paid for their current assets . It must also recognize the role of equivalents in helping to reach these equity goals .
Upon initial assessment of the City’s underserved commu- nities using CalEnviroscreen, the southern parts of the City, primarily south of the I-210 corridor, are not necessarily considered disadvantaged, but do experience higher pol- lution and income burden than those in the northern half of the city . While no census tracts within the City are con- sidered disadvantaged according to SD 535 data, it’s still important to provide equitable amenities throughout the city . The amenities at the various parks are quite impres- sive with well-maintained grassy areas, playgrounds, and seating such as gazebos, and benches with shade . Park s in the northern half of the city also seem to have newer playgrounds, except for Los Flores Park in the southern half, with the newer larger playground and aquatic center .
Through the planning process, the KTUA team will ensure we are equitable in recommending projects that meets the needs of individual neighborhoods .
Council Packet - November 18, 2024
CITY OF LA VERNE | PARKS AND RECREATION MASTER PLAN UPDATE | 3 2 | ExEcutivE Summary
Focus on Implementation – “Make no little plans; they
have no magic to stir men’s blood…” is an inspirational term first used by Daniel Burnham in 1907 as part of the City Beautiful movement . While keeping this vision and inspira- tion in mind, our team also focuses on “right-sizing” plans the planning and designing parks of parks to provide on ef- fective capital implementation and resource management .
In complex urban environments, positive change created
by parks is about consistent small wins that create momen- tum . Our team also seizes every opportunity to be innova- tive and creatively use park space along the way .
With decades of experience in delivering park and recre- ation general development plans, master plans, and con- struction documents, KTUA provides good insight to work with the City to make necessary adjustments and refine- ments to focus on the feasibility of amenity construction for future park and public facility development, maintenance, and replacement .
Listen, then Respond – Throughout the development
of the plan, team members will function as profession-
al, unbiased facilitators to gather specific information about services, use, and preferences, as well as agency strengths, weaknesses, opportunities, and threats . When the proposed techniques and formats are well received,
they provide the community with the opportunity to better understand the planning process and make a meaningful
contribution, resulting in them feeling that the input ses- sion was valuable . The efforts need to focus on listening to public and staff input (as well as from elected officials) about issues, concerns, solutions, and priorities . T o better alignment agreement on the plan requires:
• Identifying, up-front, the project “givens” or parameters . • Making the participants aware of the process from start to finish, including where they have opportunities to con- tribute and who will be making final decisions .
• Encouraging participants to hear from each other .
• Identifying common ground as the plan evolves .
As part of the initial site review process, KTUA Principal, Joe Punsalan, visited several City parks . While at Los Flores Park, Joe struck up a conversations with two tennis players, about their experience at Los Flores Park and
other parks in the city . These tennis players were open and engaging about their thoughts on the conditions of
the tennis courts, pickleball, shade and restroom amenities at the park . They were very happy with the condition of the parks and the separation of the pickleball courts from the tennis courts to limit conflicts between the two sports .
Sometimes simply being open and approachable about
the project process, goals, and expectations can lead to fruitful conversations . This is an approach we take pride in for all our projects . Listening, educating, and even more listening, is key to gaining trust and getting the feedback needed to strengthen the planning process and ultimately, the recommendations .
Council Packet - November 18, 2024
CITY OF LA VERNE | PARKS AND RECREATION MASTER PLAN UPDATE | 4 3 | ScopE of Work | project management approach & implementation plan Approach to Managing the Project
The approach to managing the Parks and Recreation
Master Plan Update involves a skilled Project Manager
supported by a Deputy Project Manager to streamline
day-to-day operations . Key responsibilities for the project manager include reviewing the scope of work, prepar-
ing fees, and engaging in contract negotiations, all while collaborating with the client to define and validate project goals and objectives . Additionally, the Project Manager must identify critical project issues, establish require- ments, manage budgets, set milestones, and outline
design parameters . A comprehensive project schedule
will be developed and updated as needed, detailing all
submittals and review periods for the KTUA team . The
Quality Control (QC) manager will ensure that the sched- ule allocates sufficient time for quality control processes, which encompass the review, coordination, and neces-
sary revisions of our work . Furthermore, documentation of critical decisions and directives will be maintained, alongside the provision of a QC checklist and responses to client comments with each submittal, ensuring trans- parency and alignment throughout the project lifecycle .
KTUA employs a range of tools and techniques to ensure
adherence to all interim and final project deadlines . Key strategies include actively identifying critical paths and potential roadblocks, enabling the team to anticipate
challenges before they impact progress . Continuous
monitoring of these critical paths and decision points
helps proactively avoid project delays . Scheduling con - current meetings, site visits, and reviews fosters real-time communication and collaboration among team members .
Additionally, preparing personnel forecasts allows for
early detection and mitigation of cost overruns, ensuring that budgetary constraints are respected . The team also emphasizes the importance of managing changes to
scope and accommodating client needs, demonstrating
flexibility while maintaining project integrity . Finally, KTU A fully utilizes the resources of subconsultants to enhance overall team capacity, optimizing performance and ensur- ing project success .
Council Packet - November 18, 2024
CITY OF LA VERNE | PARKS AND RECREATION MASTER PLAN UPDATE | 5 3 | ScopE of Work | project management approach & implementation plan
TASKS DELIVERABLE DURATION
1.1 Kickoff Meeting Deliverables • Kickoff Meeting Agenda • Kickoff Meeting Minutes 1 day
1.2 Project Management Meetings • Meeting Agendas
• Meeting Minutes Monthly
2 Establish Plan, Vision, Goals, and Objectives • Summary of Draft Vision, Goals, and Objectives • Final Draft Vision, Goals, and Objectives 3 weeks
3.1 Document Review • Document Review Technical Memorandum 1 week
3.2 Park Inventory
• Summary of Park Inventory
• Existing Conditions Mapping
• Summary of Funding and Programs Review
2 weeks
4.1 Community Profile • Community Profile 1 week
4.2 Community Engagement Plan
• Community Engagement Plan
• Project Branding Options and Final Branding
• Project Website and Online Mapping Survey
2 weeks
4.3 Focus Groups • Focus Group Agenda and Materials
• Focus Group Summaries 2 weeks
4.4 Statistically-valid Survey • Statistically-Valid Survey 6 weeks
4.5 Workshops • Workshop and Promotional Materials
• Workshop Summaries 2 weeks
4.6 Presentations • Presentations for Planning Commission and City Council Meetings 2 weeks
5.1 Needs Assessment / Parks+ • Summary of Level-of-Service Results • Trends Analysis 3 weeks
5.2 Financial Plan • Draft Financial Sustainability Strategies • Virtual Workshop Agenda and Meeting Minutes
1 – 2 months
5.3 Programmatic Recommendations • Summary of Programmatic Recommendations 3 weeks 6 Capital Improvement Plan • List of Recommended Projects and Programs 1 month 7 Operations and Maintenance Plan • Draft Operations and Maintenance Summary 1 month 8 Implementation Plan • Draft Implementation Plan 1 month
9.1 Administrative Draft Plan • Administrative Draft Plan (PDF format) 3 months
9.2 Final Plan
• Final Plan
• Fifteen (15) Printed Hardcopies
• Word Version of the Document
• Document Source Files
1 month
Deliverable and Task Duration
Council Packet - November 18, 2024
CITY OF LA VERNE | PARKS AND RECREATION MASTER PLAN UPDATE | 6 3 | ScopE of Work | Schedule
CITY OF LA VERNE PARKS & RECREATION
MASTER PLAN UPDATE
MONTHS
1 2 3 4 5 6 7 8 9 10 11 12
Task 1: Staff Meetings
1.1 Kickoff Meeting
1.2 Project Management Meetings
Task 2: Establish Plan, Vision, Goals, and Objectives
2.1 Establish Plan, Vision, Goals, and Objectives
Task 3: Evaluate Existing Conditions
3.1 Document Review
3.2 Park Inventory
3.3 Funding and Programs Review
Task 4: Community Profile, Outreach, and Engagement
4.1 Community Profile
4.2 Community Engagement Plan
4.3 Focus Groups
4.4 Statistically Valid Survey
4.5 Workshops
4.6 Presentations
Task 5: Needs Assessment & Recommendations
5.1 Needs Assessment / Parks+
5.2 Financial Plan
5.3 Programmatic Recommendations
Task 6: Capital Improvement Plan
6.1 Capital Improvement Plan
Task 7: Operations and Maintenance Plan
7.1 Operations and Maintenance Plan
Task 8: Implementation Action Plan
8.1 Implementation Action Plan
Task 9: Optional Task: Detailed Maintenance Plan
9.1 Administrative Draft Plan
9.2 Final Plan
Council Packet - November 18, 2024
CITY OF LA VERNE | PARKS AND RECREATION MASTER PLAN UPDATE | 7 3 | ScopE of Work | Scope of Work tasks
TASK 1: STAFF MEETINGS
1.1 kickoff meeting
A productive and informative project kick-off meeting is es- sential to the success of the Parks and Recreation Master Plan Update as it sets the foundation for team expectations and deliverables . The team will develop communication
protocols and establish meeting summaries documentation that will serve as the basic structure for the project man- agement meetings that are needed to keep the project
within budget and on schedule . KTUA will produce the
agenda and compile meeting minutes .
1.2 project management meetings
KTUA will hold monthly regular project management with
City staff and occasional review with executive staff leader- ship to review progress, present information, and recom- mend direction for the remaining portions of the project .
These meetings will occur once a month throughout the
project period . With the 12-month timeline and for budget efficiency, KTUA recommends that six meetings are held
virtually, with the other six in-person where needed . Other team meetings will be held virtually as needed . As the project progresses, in-person meetings can be scheduled for key tasks and coordination purposes .
TASK 1 - ROLE OF CITY STAFF
• Assist with scheduling kickoff meeting and monthly
management meetings
• Reserve rooms for in-person meetings
• Review agenda and meeting minutes
In-person meeting cost (two people) - $1,700
TASK 2: ESTABLISH PLAN, VISION, GOALS, AND OBJECTIVES
Based on the review of existing plans and input from City staff, KTUA will develop a draft vision, goals, and objec- tives and present it to the City for review, based on the City’s mission statements and values . The vision will be a broad and inspirational statement that presents the desired impact on park use, level-of-service, and future improve- ments . The goals, objectives, policies, and standards will address the identified needs of the community and identify how the desired level-of-service may be achieved . The
results of this task will incorporate themes of sustainability, inclusion, environmental stewardship, preservation, public safety, fire safety, and historical and cultural character . In addition, they will consider future trends and planning best practices for the use of recreational facilities and public spaces, for recreation, and wellness activities and guide the recommendations .
TASK 2 - ROLE OF CITY STAFF
• Provide examples of Vision statements as a
starting point
• Provide goals and objectives that are important
for the Department
• Review draft vision, goals, and objectives provided
by KTUA
TASK 3: EVALUATE EXISTING CONDITIONS
3.1 Document review
KTUA will review the City’s ongoing General Plan, 2006
Park Master Plan, Citywide Design Guidelines, Specific
Plans, CIP, applicable ordinances, and other pertinent
community development plans . This includes the City’s
participation in Los Angeles County’s 2016 Park Needs
Assessment Study and other regional and state plans . This will also reference the City’s parks and recreation facility reports, sports team agreements, and recreation programs .
3.2 park inventory
Park System Facility Inventory: KTUA will conduct a field inventory of all city-owned parks and facilities using a cus- tom data schema in the Esri Field Maps app . This data will inform the population level-of-service for park amenities with the data format being compatible with desktop GIS
software . The data inventory will include photos of park facilities such as - but not limited to - community centers, trails, dog parks, greenbelts, athletic fields, playgrounds, courts, aquatics facilities, and passive open spaces . KTUA will also visit unique facilities such as open space trails, the Marshall Canyon Equestrian Center, the Sports Park, and the various wilderness and open spaces .
Council Packet - November 18, 2024
CITY OF LA VERNE | PARKS AND RECREATION MASTER PLAN UPDATE | 8 3 | ScopE of Work | Scope of Work tasks
Example of Esri-based Field Application
For parks with parking lots, the number of parking spaces will be collected and will include ADA spaces . Trees will only be collected in parks initially as a mapping exercise then verified in the field and in coordination with the City’s appropriate contractors to verify the data collected . Trees will not be collected in open space or wilderness areas .
The park inventory analysis will consider the capacity of each amenity as well as their functionality, capacity, ac- cessibility, condition, comfort, and convenience as well as quantitative and qualitative rankings of park amenities . A qualitative assessment will be conducted to determine if park facilities serve their intended purposes, or if they need to be retrofitted, renovated, or reimagined to meet current and future needs . Upon completion of the park inventory, KTUA will evaluate future opportunities in each park .
Pickleball courts at Los Flores Park
GIS Inventory: KTUA will use the ESRI field maps applica- tion to collect all data . This tool ensures all data is geo- graphically-referenced and compatible with GIS tools such as ArcGIS Online, storyboards, or any other GIS software available to the City such as ArcMap or ArcGIS Pro .
3.3 funding and programs review
financial assessment
A financial assessment will be conducted to include, at minimum, review of the capital and operational budgets, Department revenue sources, expenditures (specifically
parks & facilities and recreation programs and services), and cost recovery practices . This assessment will help crystallize the Department’s current financial management practices and assist in determining performance, stability, and sustainability .
parks and recreation providers Network and inventory
Given today’s competitive landscape in the park and recre- ation and leisure services market, a thoughtfully construct- ed and managed partnership can be a fantastic strategy to efficiently utilize resources leading to cost effective service delivery .
In an effort to set the stage for the future of partnerships intended to support the leisure services industry in the city and region, a Parks and Recreation Providers Network gathering will be hosted and developed by 110% with the primary purpose of introducing the idea of a collaboration of park and recreation service providers, and to begin
relationship building and work around identifying the types of services currently provided, and by which organizations they are being offered .
Council Packet - November 18, 2024
CITY OF LA VERNE | PARKS AND RECREATION MASTER PLAN UPDATE | 9 3 | ScopE of Work | Scope of Work tasks
This gathering will focus on:
• The types and number of service providers represent-
ing each sector (public, non-profit/NGO, private, social enterprise)
• Analysis of the competitive landscape and identifying organizations which compete for like or similar markets to those of La Verne .
• Identification of opportunities to pursue collaborative efforts through partnerships that lead to efficient and effective use of resources .
TASK 3 - ROLE OF CITY STAFF
• Provide available GIS data and documents
for review
• Provide capital and operational budgets, revenue
sources, and expenditures (specifically parks and
facilities and recreation programs and services)
• If schedule allows, attend park site visits
with KTUA
• Participate in the Parks and Recreation Providers
Network gathering
TASK 4: COMMUNITY PROFILE, OUTREACH, AND
ENGAGEMENT
4.1 community profile
KTUA will complete a demographics trend analysis that will help illustrate current and future population and potential park users . This will help the City address current needs and anticipate future needs . Using American Community
Survey (ACS) data (an ongoing statistical survey conduct- ed through the U .S . Census Bureau), SB 535, and other relevant local and regional resources, data gathered can include educational attainment, income, disability, ethnicity, age, employment, housing characteristics, health statistics .
Other population characteristics of interest can be sum- marized based on availability from the Census Bureau,
County, or SCAG resources .
Our preliminary demographic assessment includes age,
race and ethnicity, and median household income . This
community profile was completed using the most current
data available (as of October 2024) from the U .S . Census Bureau . According to the 2022 U .S . Census Bureau five- year estimates, La Verne has a population of approximately 31,239 residents and 12,013 housing units . Over 24 .3% of the population speaks a language other than English at
home, this helps us understand the demographic makeup
for park and outreach needs . 22 .6% of residents are over the age of 65 which can help understand specific pro-
grams and park amenities needs .
La Verne population within a ½ mile radius of city parks
4.2 community Engagement plan
KTUA will work with City staff, other identified community partners, and the project team to develop a Community En- gagement Plan (CEP) that is appropriate for La Verne . The plan will include elements such as engagement objectives, key messages, strategies, schedules, outreach needs,
target audiences, and underserved neighborhoods . All
outreach products will be presented in English and Span- ish . Online engagement tools that can be used to effec- tively disseminate information for the parks and recreation master planning efforts will also be discussed as well as coordination with the City to promote workshop and proj- ect engagement events .
Branding, project Webpage, and Social media
KTUA will work with the City’s communications staff to
develop a branding effort related to the project . This will include the development of a logo and other appropriate branding for the project to make this project recognizable to the public and to also distinguish it from other City ini- tiatives . Consistent branding will be included on all project material such as announcements, exhibits, online material, social media, and documents .
Council Packet - November 18, 2024
CITY OF LA VERNE | PARKS AND RECREATION MASTER PLAN UPDATE | 10 3 | ScopE of Work | Scope of Work tasks
Project information will be provided to the City for the proj- ect landing page on the City’s website . KTUA will develop an ESRI-based web page that will serve as a project web- site during the planning process with a link on the landing page . The KTUA-built website will include the project’ s description, goals, milestones, surveys, infographics, and public engagement opportunities . The website will also host a GIS-based interactive map survey and the open link version of the statistically valid survey . The map survey will allow La Verne residents to provide detailed, location-spe- cific comments related to park amenities, conditions,
needs, issues, and concerns for park access . An example of what the website could look like can be found here:
https://la-verne-prmp-update-ktuagis.hub.arcgis.com/
4.3 focus Groups
Focus group meetings are intended to gather local feed- back from an audience with specific experience and
knowledge of La Verne’s parks, trails, and programs . Four (4) focus group meetings will take place in the early stages of the planning process to assess park conditions, under- stand community issues, and discuss recommendations .
The meetings may include City staff, operators, managers, and maintenance staff; youth, older adults, civic/social organizations, and other groups . These meetings will be held in a combination of in-person and virtual meetings . It’s recommended that meetings with senior and youth groups
be held in-person . Meetings with City staff, sports clubs, etc ., will be held virtually for maximum attendance . Two (2) focus group meetings will be held in-person and two (2) will be virtual meetings .
4.4 Statistically-valid Survey
RRC, a longtime partner of KTUA, will design and dissem- inate a statistically-valid survey to gain feedback and will consist of two components . The first is a statistically-valid mailed survey and the second is an “open link” online
survey that is open to all residents in and around La Verne .
RRC will provide a large, comprehensive list of questions for the City to review as well as develop custom questions to help meet specific goals the City has .
mailed Survey
RRC will mail 5,000 survey packets to a random sample
of households in La Verne . The survey packet will include printed information on accessing the online survey in
Spanish .
open Link Survey
The second component is an online “open link” survey that will allow any resident who was not reached via random
sampling to share their feedback . Open link surveys typ- ically go live approximately two weeks after the invitation surveys land in mailboxes . This is done to promote maxi- mum participation from the random sample of households .
4.5 Workshops
The KTUA team will use the feedback collected from the
City to organize two (2) community workshops and two (2) pop-up events .
Council Packet - November 18, 2024
CITY OF LA VERNE | PARKS AND RECREATION MASTER PLAN UPDATE | 11 3 | ScopE of Work | Scope of Work tasks
City of Montclair Parks Master Plan Pop-up
These workshops are essential to understanding the
needs, challenges, and opportunities throughout the City .
All workshops and pop-up events will be publicly no-
ticed through City channels, and include multiple forms of engagement, activities, and topics to create an inclusive environment for input and participation . The project team’s vast experience in traditional and city event-based pop-up workshops will be discussed to best meet the needs of
the La Verne community . The team has an extensive list of tools, programs, and multilingual team members to ensure successful public outreach . These events may include, but not limited to Truck or Treat, and Movies and Concerts in the Park .
Workshop #1 and Pop-up event #1: These will be conduct- ed during the early stages of the project to gather com- munity feedback on opportunities and challenges at parks such as access, amenities and programs . Presentations at these workshops can also be recorded and posted on the
project website for those unable to attend .
Workshop #2 and Pop-up event #2: These will be conduct- ed during the recommendation stages to gather communi-
ty input on draft park infill opportunities, strategies, ameni- ties and programs . Feedback from these events will assist with finalizing the recommendations .
4.6 presentations
KTUA will conduct one (1) meeting before the Planning
Commission and two (2) meetings before the City Coun-
cil . All necessary materials for these meetings, including the development of agenda reports and PowerPoints, will be prepared by KTUA with City input . One (1) City Council meeting will occur during the existing conditions or rec- ommendation phases to keep the council updated on the
project . The second meeting will be a final presentation to the City Council for plan adoption .
TASK 4 - ROLE OF CITY STAFF
• Review and provide comments on the Community
Engagement Plan
• Provide a list of stakeholder contacts to participate in the focus groups
• Review outreach materials such as surveys, work-
shop and pop-up materials, project branding, and
website materials
• Provide a project landing page on City’s website for
the project website
• Update project landing page as needed
• Assist with coordination of social media and other
announcements with the City’s public information
officer or relations department
• Assist with scheduling workshops and pop-up
events
• Schedule and coordinate Planning Commission and
City Council meetings
TASK 5: NEEDS ASSESSMENT & RECOMMENDATIONS
5.1 Needs assessment/parks+
The project team will conduct a comparative analysis of ten (10) other similar communities to evaluate the program- ming and staffing levels to compare the current approach utilized by the City of La Verne against regional communi- ties . The project team will work with City staff to identify the communities to be included in the comparative effort with a primary focus on entities of similar population, demograph- ics, and park acreage .
The park acres per 1,000 residents in La Verne will be
compared to other jurisdictions within the region with
similar populations, using park acreage data and updating the current and future population data from analysis in the 2016 LA County Park Needs Assessment .
The park amenity level-of-service in La Verne will use
NRPA benchmarking data for the population served per
amenity type . KTUA has compiled over a decade of data
from NRPA reports and has used this data to establish
long-term averages for amenity level-of-service . This
approach averages out the highs and lows of self-report- ed, bringing some stability to the trends used for amenity level-of-service goal setting .
KTUA utilizes three metrics of park Level-of-Service (LOS):
Population LOS, Access LOS, and Amenities LOS
. Each of
these metrics can be calculated for the existing condition using a base year population and existing parks and park amenities, and a future condition based on population
projections, planned land use, and the size and location of
Council Packet - November 18, 2024
CITY OF LA VERNE | PARKS AND RECREATION MASTER PLAN UPDATE | 12 3 | ScopE of Work | Scope of Work tasks
Example Amenities LOS for Menifee Parks Master Plan
planned/funded or potential future parks . Each metric can also handle acreage and amenities that may be publicly
accessible through joint-use agreements (JUAs) or home- owner’s associations (HOAs) .
Population LOS compares the City’s population to the total park acres to calculate the park acres per 1,000 residents .
This LOS will be compared to the City’s current goal lev- el-of-service to provide a total and per capita park acreage deficit (or surplus), which can inform future goal setting . The population LOS calculations will also provide a total per capita park acreage deficit, which can inform goal setting and future Quimby Act discussions .
Access LOS uses mode-specific park access points and
travel networks (walk, bike, drive) to create a park trav- elshed for each mode that shows the area of the city that has access to a park by a given mode and distance, most commonly a half-mile walk, one-mile bike, and two-mile
drive . These distances are adjustable based on the unique characteristics of the City to determine equity of access and determine true gaps and overlaps . Amenity-specif-
ic park travelsheds can also be provided relative to key demographics, such as the half-mile walkshed for parks
with playgrounds displayed over populations with a high percentage of young children .
Amenities LOS uses the data collected during fieldwork to compare to a database of over a decade of park amenity
benchmark data collected by the National Recreation and Park Association (NRPA) . This database allows for a popu- lation-based amenity LOS comparison to long-term state
and national averages, as well as to the most recent year of data .
recreation trends analysis and recommendations
110% will conduct a high-level trends analysis that analyzes recreation and leisure activity trends research . This anal- ysis, driven by the project team’s direction, will consider national, regional, and local trends and considerations in- cluding the operational “best” or common practices which offer a glimpse into what’s popular or declining in interest .
Council Packet - November 18, 2024
CITY OF LA VERNE | PARKS AND RECREATION MASTER PLAN UPDATE | 13 3 | ScopE of Work | Scope of Work tasks
Implications and the projected impact of these trends will also be used to determine leisure and recreation interests and needs specific to the City .
5.2 financial plan
5.2.1 financial Sustainability Strategy
To most effectively support the Department’s operation of current and future recreational activities, 110% will provide a comprehensive Financial Sustainability Strategy . Over the past three years, 110% has completed this process that has positively impacted hundreds of agencies nationwide and helped them create a justifiable strategy providing direc- tion specific to taxpayer investment and revenue generat- ing opportunities .
Included in this process are educational staff workshops are a cost-of-service analysis that will reveal the cost recovery and subsidy levels for Department services, the development of new Department service categories that
reflect the Department’s entire service menu, and the cre- ation of a Financial Sustainability Strategy built upon who are the beneficiaries of services provided as it connect the dots between those services that should receive the greatest subsidy (common good services) in contrast to
those that may receive little to no subsidy (individualized services) . The results of the Financial Sustainability Strate- gy will provide recommendations that will be quantitatively and qualitatively justified based on the alignment of the Plan’s goals and objectives, identified need for the La Verne community, the Department’s ability to provide, and overall sustainability of their services .
Financial Sustainability Strategy Focus Area #1
Education and Training
financial Sustainability 101 – Staff, advisory Groups and policy maker Workshops
Virtual training offers a comprehensive overview of the Financial Sustainability Strategy Process, an explanation about why your organization would choose to engage
in this effort, and how the outcomes will positively affect service delivery and quality . An introduction to financial management and cost recovery, the merits of revenue
generation, how to think differently about spending/in- vesting taxpayer dollars, and the importance of a sound financial sustainability strategy are among the topics
covered . *NOTE: A total of 3 (three) virtual workshops will be provided .
Service category Development Workshop
The City’s pre-determined Service Category Development
Team will work alongside our consulting team to devel-
op service categories which represent all organizational services . A workshop will be led offering information and in- sights about service category development, the differences between services, service areas, and service categories as well as resources to support the development of categories will be provided to the team to assist in the development of categories and definitions . This is a critically important step in the development of a financial sustainability strategy that has a heightened opportunity for effectiveness .
Beneficiary of Service – Staff, advisory Groups and policy maker Work Sessions
These interactive virtual work sessions allow staff, advi- sory groups, and policy makers an opportunity to rank
your organization’s service categories starting from those determined to align most with the “common good” to
services which are more “exclusive” . By ranking all service categories from “common good services” in contrast to
those providing the “exclusive benefit”, your organization will begin to connect the dots between those services
that should receive the greatest subsidy (common good
services) in contrast to those that may receive little to no subsidy (exclusive services) . *NOTE: A total of 3 (three) virtual workshops will be provided .
Financial Sustainability Strategy Focus Area #2
Financial Conditions Analysis
The financial conditions analysis is a comprehensive and uniquely customized approach designed to provide invalu- able insights and data-driven recommendations . The anal- ysis includes three components and a useful tool, enabling your agency to make informed financial decisions, estab- lish cost recovery/subsidy investment goals, and optimize operational efficiencies .
cost-of-Service analysis – operating
The cost-of-service analysis includes a thorough review of revenues and expenses (both direct and indirect), as well as participation and use data . The primary objective is to determine the total cost of doing business, with revenues and expenses attributed appropriately to each service
area and service category to account for the uniqueness of each service offered by your agency . Insights garnered from the analysis will serve as a foundation for determining cost recovery/subsidy investment goals and will inform
fees and charges decisions . Additionally, it serves as a guide for your organization to make well-informed financial decisions, ensuring sustainable fiscal health . A predeter- mined data gathering team from your organization will
assist and inform this analysis .
Council Packet - November 18, 2024
CITY OF LA VERNE | PARKS AND RECREATION MASTER PLAN UPDATE | 14 3 | ScopE of Work | Scope of Work tasks
financial assessment
A financial assessment will be conducted to include, at minimum, review of the capital and operational budgets, budgeting processes and procedures, Department reve-
nue sources, expenditures, current debt load and source, current pricing strategies and fee structures, and alterna- tive funding sources . This assessment will help crystallize the Department’s current financial management practices and assist in determining performance, stability, and sus- tainability . Additionally, 110% will analyze new and potential redesigns to current facilities that will assist the Department in prioritizing future capital improvements projects .
Historical financial trends analysis
Historical analysis provides important context for current data by examining financial trends spanning the past three to five years . This comprehensive review, encompassing both operational and capital investments, contributes
to a holistic understanding of your organization’s fiscal landscape . These historical insights play a pivotal role in forecasting future performance and capital investment re- quirements, guiding strategy and policy development, and ultimately elevating your decision-making processes .
performance metrics
To further enhance operational efficiency and data-driven decision-making, we will develop a set of performance
metrics tailored to your organization’s specific needs .
These metrics, paired with relevant data and insights from other assessment areas, offer a deeper understanding of your organization’s operational efficiency and financial per- formance (e .g ., cost per acre, cost per square foot, resident vs . non-resident usage) . These performance metrics may encompass a range of key indicators, dependent on the
availability and quality of data .
Financial Sustainability Strategy Focus Area #3
Strategies and Recommendations
cost recovery/Subsidy Goal Setting
Once the financial analysis work is complete, your orga- nization will determine cost recovery/subsidy investment goals based upon current performance, analysis insights, and budget projections . This is the point at which the Fi- nancial Sustainability Strategy begins to take shape .
financial Sustainability Strategy and alternatives
Y our organization’s financial sustainability strategy is the foundation from which the organization builds its com-
mitment to financial discipline . Strategy alternatives are valuable when performance deficiencies or alternative
revenue generating opportunities exist . Options might
include strategies designed for specific service areas like enterprise or business operations such as a golf course or water park . Alternatively, strategies might be based upon short-term (2-3 years) performance expectations in contrast to a longer-term timeframe (3-5 years or beyond) .
financial insights Snapshot
By consolidating and organizing the collection of data and information gathered and analyzed throughout the process into insightful and telling illustrations for educational and informational purposes, these financial insights will assist your organization in telling its story and will serve as helpful resources to inspire and act and implement the new finan- cial sustainability strategy .
insights into action Work Session
A project teamwork session will offer methods and strate- gies for turning insights into action, providing guidance and suggested ways to use the data and information resulting from the overall process . Financial insights will assist staff in taking the steps needed for implementation such as a pricing tutorial, cost reduction options, exploration of part- nership opportunities, capital investment considerations, opportunities for continuing education for staff, advisory and policy-making bodies, and other actions that may lead to greater community impacts and increased revenues .
continuous improvement recommendations
Y our organization’s financial wellbeing is the principal interest in this process . As such, a series of recommen- dations resulting from what was learned, observed, and
heard throughout the process will be provided to your
organization at the conclusion of the process . Recommen- dations for improvement may include incremental changes intended to improve performance over a period as well as breakthrough changes that are expected to create imme-
diate and profound improvement in a more abbreviated
timeframe .