City Council Packet - February 18, 2025
Alison Miskiman, CFM, GISP
Alison has decades of experience in hazard mitigation
planning within FEMA Region 9. She has supported
local and state-level plans in California, including small cities. Alison is an expert in the FEMA Hazard
Mitigation Assistance (HMA) grant programs which has
resulted in more than $500 million in awards to clients nationwide.
Alison is a climate resilience and hazard mitigation professional with more than 20 years of experience in program and project management.
Alison works in partnership with clients to conduct collaborative planning, evaluate risk, identify cost-effective and sustainable solutions, and leverage funding to increase community resilience. She has deep knowledge and expertise in floodplain management and using geospatial solutions. Alison manages interdisciplinary project teams and industry thought leaders to deliver high quality actionable plans based in science while integrating tech and nature-based innovative solutions. She was recruited by Black & Veatch last year to join their resilience solutions team.
PROJECT EXPERIENCE
San Joaquin County | Hazard Mitigation Plan; Stockton, CA; 2024- Present
QA/QC Coordinator – Black & Veatch. Alison is serving as the QA/QC Coordinator for the San Joaquin County Hazard Mitigation Plan. She is working with the project management and technical teams to assure the Black & Veatch Quality Assurance Protocols are applied to all deliverables, and in alignment with FEMA Region 9 and Cal OES requirements for hazard mitigation planning. This planning effort will ensure that the County and its planning partners continue to qualify for FEMA mitigation grant funding, while making the community more resilient to natural hazards.
City of Alhambra | Hazard Mitigation Plan; Alhambra, CA; 2024-Present QA/QC Coordinator – Black & Veatch. Alison is serving as the QA/QC Coordinator for the City’s Hazard Mitigation Plan. She is working with the project management and technical teams to assure the Black & Veatch Quality Assurance Protocols are applied to all deliverables, and in alignment with FEMA Region 9 and Cal OES requirements for hazard mitigation planning.
Essex County | Hazard Mitigation Plan; Essex County, New Jersey; 2024-Present; 2015, 2020 Project Manager – Black & Veatch. Alison is the Project Manager for the Essex County Multijurisdictional Hazard Mitigation Plan update while at Black & Veatch. Alison led the last two updates to the Essex County HMP working directly with the Essex County Sheriff’s Office, Office of Emergency Management, additional county departments, and the 22 municipalities to document actions to reduce hazard risk in the 2015 and 2020
EXPERTISE
Hazard Mitigation Planning;
Community Rating System;
Resilience and Climate Adaptation
Planning; Risk and Vulnerability
Assessment; FEMA Benefit Cost
Analysis; FEMA Hazard Mitigation
Assistance Grant Programs; FEMA
Hazus-MH Modeling and Loss
Estimation; Geospatial Analysis;
Program & Project Management
TOTAL YEARS OF
EXPERIENCE
24 CERTIFICATIONS
GISP Certified - Global Information
System Professional, Other, 90661,
Multiple, United States
ASFM Certified Floodplain
Manager, No: US-07-03029, issued
10/29/07
QA/QC COORDINATOR
City Council Packet - February 18, 2025
plans while at Tetra Tech, Inc. The planning process included a thorough assessment of 18 natural and non- natural hazards inclusive of mapping, hazard modeling, and estimated future loss estimates to meet increasing FEMA and NJOEM requirements. A robust outreach strategy was designed and executed to reach a diverse audience including several Stakeholder Focus Group sessions for transportation, utilities, and green infrastructure/climate change. In addition, planning partnership meetings were open to the public, social media was leveraged, a multi-lingual social media campaign executed, and attendance at County-scheduled events (e.g., Senior Wellness Day with a Spanish translator) were part of the outreach strategy.
City of Los Angeles | Climate Vulnerability Study; California; 2023 Lead Resilience and Adaptation Planner – Tetra Tech Inc. Alison supported the scope design to develop a climate vulnerability study including an extensive outreach component prioritizing understanding the needs at the neighborhood level and integrating equity into the solutions to support equitable outcomes.
State of California | State Hazard Mitigation Plan Update - Enhanced; California; 2023 Technical Advisor – Tetra Tech Inc. Alison served in a technical advisory capacity working directly with the Tetra Tech team to design a planning process to update the State of California Hazard Mitigation Plan. The plan included robust engagement and risk analysis, with a focus on equitable solutions. The plan was approved by FEMA in 2023 ensuring the state and government entities remain eligible for FEMA HMA and PA funding.
Hazard Mitigation and Floodplain Management Planning; 2001-2023 QAQC Manager – Tetra Tech Inc. Alison served as the QAQC manager for the national Risk & Resilience practice that included hazard mitigation planning, flood hazard management planning, repetitive loss area analyses, and vulnerability assessments. These projects included a detailed look at NFIP repetitive loss properties for the development of Repetitive Loss Area Analyses and the development of programs for public involvement according to CRS activity 330. This also included designing hazard mitigation plans to align with CRS activity 510 to assist planning partners with maximizing credit potential. Plans included the Humboldt County Operational Area HMP, Del Norte County Operational Area HMP, San Mateo County Multi-Jurisdictional HMP, and the Marin Municipal Water District HMP.
State of New Jersey, Office of Emergency Management | National Flood Insurance Program GIS Mapping; New Jersey; 2021-2023
Project Manager – Tetra Tech Inc. Alison was responsible for supporting NJOEM with mapping National Flood Insurance Program (NFIP) policies, claims, and repetitive and severe repetitive loss properties to building footprints in the 1 percent annual change floodplain. This included integrating the MOD-IV parcel data to each record to support decision making, as well as leading a team of GIS analysts who developed a customized approach and automated scripting to perform a decision tree of steps to join the data in ArcGIS. The first phase of the project has been completed and Alison assisted with securing the second phase of this project.
King County | Hazus-MH Analysis; Washington; 2023
Project Manager – Tetra Tech Inc. Alison managed the project and led the technical team to conduct a robust flood risk assessment. This included working with the geospatial team to update the critical asset inventory; develop depth grids for multiflow scenarios and use FEMA's Hazus-MH version 6.0 to estimate potential losses.
The accelerated schedule was designed to support the client's flood management plan as part of the CRS program.
City Council Packet - February 18, 2025
Carol Baumann, GISP, HP
Carol has led the risk assessment on more than three
dozen hazard mitigation planning efforts in California.
She has decades of GIS experience and is a nationally
recognized Hazus-MH Practitioner (HP). Carol led the
risk assessment on the recent update to the California
State Hazard Mitigation Plan and is very familiar with
spatial data throughout the state.
Carol is a Senior GIS Analyst with thirty years of experience working for public and private sector clients. She has been involved in multiple aspects of GIS projects including technical project management, data acquisition and integration, data conversion, database design, metadata documentation, application development, software customization, and map design and production. She has provided technical leadership in a wide variety of projects including natural hazard mapping and analysis, surface water management, utilities, health and epidemiology, environmental conservation, and planning. Carol has collaborated with federal, state, and local government agencies, private companies, and the general public. Carol was recruited by Black & Veatch last year to join their resilience planning team.
PROJECT EXPERIENCE
City of Alhambra | City of Alhambra Hazard Mitigation Plan; Alhambra, California; 2024 - Present
Risk Assessment Lead - Black & Veatch. As the Risk Assessment Lead for the Hazard Mitigation Plan, Ms.
Baumann facilitated detailed analyses of the impact of multiple hazards including dam failure, earthquake, and landslide. She utilized Hazus and ArcGIS to update general building stock data, compile critical facilities inventories, analyze hazards data, determine structure and population exposure, and estimate damages and losses. Hazus Level 2, user-defined models were used to assess multiple earthquake scenarios.
Sierra County | Sierra County Hazard Mitigation Plan; Downieville, California; 2024 - Present Risk Assessment Lead - Black & Veatch. As the Risk Assessment Lead for the comprehensive update to the Hazard Mitigation Plan, Ms. Baumann facilitated detailed analyses of the impact of multiple hazards including earthquake, flood, landslide, and wildfire. She utilized Hazus and ArcGIS to update general building stock data, compile critical facilities inventories, create flood depth grids, analyze hazards data, determine structure and population exposure, and estimate damages and losses. Hazus Level 2, user-defined models were used to assess multiple flood and earthquake scenarios.
San Joaquin County | San Joaquin County Hazard Mitigation Plan & Substantial Damage Response Plan; Stockton, California; 2024 - Present
Risk Assessment Lead - Black & Veatch. As the Risk Assessment Lead for the comprehensive update to the Hazard Mitigation Plan, Ms. Baumann facilitated detailed analyses of the impact of multiple hazards including dam failure, earthquake, flood, landslide, and wildfire. She utilized Hazus and ArcGIS to update general building stock data, compile critical facilities inventories, create flood depth grids, analyze hazards data, determine
EXPERTISE
GIS Data Conversion; GIS Data
Modeling & Analysis; Hazus-MH;
Map Design & Production; Natural
Hazard Risk Assessments
TOTAL YEARS OF
EXPERIENCE
30 CERTIFICATIONS
GISP Certified - Global Information
System Professional, Other, 63123,
Multiple, United States
RISK ASSESSMENT
LEAD
City Council Packet - February 18, 2025
structure and population exposure, and estimate damages and losses. Hazus Level 2, user-defined models were used to assess multiple flood and earthquake scenarios.
Marin Municipal Water District | FEMA HMA Grant Application Support; Corte Madera, California; 2023 Hazus-MH Modeler - Black & Veatch. Carol supported the preparation of a benefit cost analysis (BCA) for MMWD’s Building Resilient Infrastructure and Communities (BRIC) project grant application for the San Geronimo Water Treatment Plant seismic retrofit project. She compiled data and ran Hazus-MH models for multiple deterministic and probabilistic earthquake scenarios for pre- and post-project conditions. The damage state probability, economic loss and percent functionality outputs from the Hazus-MH models were utilized as inputs to the BCA.
Risk Assessment Lead - Tetra Tech, Inc. As the Risk Assessment Lead for the comprehensive update to the State Hazard Mitigation Plan, Carol facilitated detailed analyses of the impact of multiple hazards including earthquake, flood, and fire. She utilized ArcGIS to determine the exposure of state facilities and infrastructure, critical facilities, and socially vulnerable populations to the hazards.
Ada County Emergency Management | Hazard Mitigation Plan Update; Idaho; 2022 Risk Assessment Lead - Tetra Tech, Inc. As the Risk Assessment Lead for the comprehensive update to the multi-jurisdictional Hazard Mitigation Plan, Carol facilitated detailed analyses of the impact of multiple natural hazards. She utilized Hazus-MH and ArcGIS to update general building stock data, compile critical facilities inventories, create flood depth grids, analyze hazards data, determine structure and population exposure, and estimate damages and losses. Hazus-MH Level 2, user-defined models were used to assess multiple flood and earthquake scenarios.
San Mateo County | Multijurisdictional Local Hazard Mitigation Plan Update; California; 2021 Risk Assessment Lead - Tetra Tech Inc. As the Risk Assessment Lead for the comprehensive update to the Hazard Mitigation Plan, Carol facilitated detailed analyses of the impact of multiple hazards including dam failure, drought, earthquake, flood, landslide/mass movements, sea-level rise, severe weather, tsunami, and wildfire. She utilized Hazus-MH and ArcGIS to update general building stock data, compile critical facilities inventories, create flood depth grids, analyze hazards data, determine structure and population exposure, and estimate damages and losses. Hazus-MH Level 2, user-defined models were used to assess multiple flood and earthquake scenarios. She incorporated spatial, social vulnerability data into the hazard risk ranking so that a “social equity lens’ could be applied during the plan development. Carol was also the Risk Assessment Lead for the 2016 plan update.
Marin Municipal Water District Hazard Mitigation Plan | Corte Madera, California; 2021 Risk Assessment Lead - Tetra Tech Inc. As the Risk Assessment Lead for the Hazard Mitigation Plan development, Carol facilitated detailed analyses of the impact of multiple hazards including dam failure, drought, earthquake, flood, mass movements, severe weather, tsunami, and wildfire. She utilized Hazus-MH and ArcGIS to compile an inventory of the district’s assets, create flood depth grids, analyze hazards data, determine exposure, and estimate damages and losses. Hazus-MH Level 2 models were used to assess multiple flood and earthquake scenarios.
Sonoma County | Sonoma County Multijurisdictional Hazard Mitigation Plan Update; California, United States; 2020-2021
California Governor's Office of Emergency Services | California State Hazard Mitigation Plan Update; California; 2022-2023
City Council Packet - February 18, 2025
Risk Assessment Lead - Tetra Tech, Inc. As the Risk Assessment Lead for the comprehensive update to the Hazard Mitigation Plan, Carol facilitated detailed analyses of the impact of multiple hazards including dam failure, drought, earthquake, flood, landslide/debris flow, sea-level rise, severe weather, tsunami, and wildfire.
She utilized Hazus-MH and ArcGIS to update general building stock data, compile critical facilities inventories, create flood depth grids, analyze hazards data, determine structure and population exposure, and estimate damages and losses. Hazus-MH Level 2, user-defined models were used to assess multiple flood and earthquake scenarios.
City Council Packet - February 18, 2025
Heather Apgar, CFM
Heather has almost 20 years of experience in hazard
mitigation planning working with jurisdictions across
the country. She is skilled in multi-jurisdictional
planning and has extensive experience developing
fundable mitigation strategies for municipalities and
special-purpose districts. She was a key planner on
the recent update to the California State Hazard
Mitigation Plan.
Heather is a project manager and hazard mitigation planner. She holds a bachelor’s degree in environmental science and is a Certified Floodplain Manager. She provides planning and grant support to numerous private and local, state, and federal government sector clients. Heather has managed or led over 30 hazard mitigation planning efforts across the United States, including California, New Jersey, New York, Pennsylvania, Massachusetts, Hawaii, Puerto Rico, Colorado, Oklahoma, Texas, and Illinois.
PROJECT EXPERIENCE
Sierra County | Hazard Mitigation Plan Update; Downieville, CA; 2024-Present
Mitigation Strategy Lead – Black & Veatch. Heather is supporting the 2025 update of the Sierra County Hazard Mitigation Plan. She is working with the county, jurisdictions, and stakeholders to develop a FEMA-approved mitigation plan. Heather is leading the mitigation strategy phase of the plan, working one-on-one with the county and jurisdictions to identify implementable mitigation strategies. She is assisting the project manager and lead planner throughout the planning process, attending and leading meetings, and authoring sections of the plan. The plan is currently underway.
San Joaquin County | Multi-Jurisdictional Hazard Mitigation Plan Update; Stockton, CA; 2024- Present
Mitigation Strategy Lead – Black & Veatch. Heather is supporting the 2025 update of the San Joaquin County Hazard Mitigation Plan. She is working with the county, jurisdictions, and stakeholders to develop a FEMA- approved mitigation plan. Heather is leading the mitigation strategy phase of the plan, working one-on-one with the county and jurisdictions to identify implementable mitigation strategies. She is assisting the project manager and lead planner throughout the planning process, attending meetings, and authoring sections of the plan. The plan is currently underway.
City of Alhambra, California; Hazard Mitigation Plan; Alhambra, CA; 2024-Present Mitigation Strategy Lead – Black & Veatch. Heather is supporting the preparation of the City of Alhambra’s Hazard Mitigation Plan. She is working with the city and stakeholders to develop a FEMA-approved mitigation
EXPERTISE
Mitigation Planning; Climate
Resilience and Adaptation
Planning; Disaster Management;
Risk and Vulnerability Assessment;
Research and Analysis; Meeting
Facilitation; Public and Stakeholder
Outreach; FEMA HMA Grant
Support and Administration
TOTAL YEARS OF
EXPERIENCE
19 CERTIFICATIONS
Certified Floodplain Manager
(CFM)
CAPABILITIES &
MITIGATION STRATEGY
LEAD
City Council Packet - February 18, 2025
plan. Heather is leading the mitigation strategy phase of the plan, working one-on-one with the city to identify implementable mitigation strategies. She is assisting the project manager and lead planner throughout the planning process, attending and leading meetings, preparing public outreach materials, and authoring sections of the plan. The plan is currently underway.
Essex County | Hazard Mitigation Plan Update; Essex County , New Jersey; 2024-Present Planner – Black & Veatch. Heather is supporting the 2025 update of the Essex County Hazard Mitigation Plan.
She is working with the county, jurisdictions, and stakeholders to develop a FEMA-approved mitigation plan.
Heather is responsible for developing tools and graphics to incorporate into the plan, working one-on-one with the municipalities to update their annexes and identify implementable mitigation strategies, author sections of the plan, prepare the draft and final deliverables, and attend meetings. The plan is currently underway and will be submitted to FEMA in spring 2025.
State of California | State Hazard Mitigation Plan Update; California; 2023 Project Planner–Tetra Tech, Inc. Ms. Apgar was part of the team that developed the first consultant-led update to the State’s plan. Heather provided leadership to the junior planners and oversaw the hazard profile development. The plan was approved by FEMA in August 2023.
Whatcom County | FEMA Grant Application and Grant Management Support; Whatcom County, WA; 2022-Ongoing
Grant Specialist – Black & Veatch. Heather began this work while at Tetra Tech and is continuing it at Black & Veatch. She is assisting Whatcom County Flood Zone control District with developing multiple grant applications to acquire or elevate flood prone properties located across the county. She supported the county and property owners with developing HMGP applications for over 40 properties. Two of the four grants have been awarded and Heather is providing grant management and administration support to the County. She is working with the county, homeowners, and contractors to elevate or acquire flood prone homes throughout the County.
City Council Packet - February 18, 2025
Erin Schanen, EIT, ENV SP
Erin is a mitigation and resilience planner and project engineer. She has a passion for supporting
interdisciplinary solutions with a resilience and
community-driven focus to meet the complexities of
our evolving environment and aging infrastructure
challenges. Her experience provides a unique
perspective when assisting jurisdictions in developing
mitigation projects that will garner public support.
Erin’s technical experience is focused on the implementation and design of green stormwater infrastructure and nature-based solution design. As a resilience and community planner her experience includes FEMA Hazard Mitigation Plan development. Her multi-disciplinary focus allows her to approach the planning process and public engagement with a unique, well-rounded perspective. Her experience is complimented with experience leading funding evaluations, development of grant and state loan applications, and the administration of a federal loan applications.
PROJECT EXPERIENCE
Coachella Valley Water District | 2024 Hazard Mitigation Plan; Coachella Valley, CA; 2023-2024
Mitigation Planner. Project includes the 2024 Hazard Mitigation Plan update for special district, Coachella Valley Water District. Supported coordination and facilitation of plan development, outreach strategy, and risk assessment. Developed hazard profiles and translated hazard data for stakeholder communication.
San Joaquin County | 2026 Hazard Mitigation Plan & Threat and Hazard Identification and Risk Assessment (THIRA); San
Joaquin County, CA; 2024-In-Progress
Public Outreach Coordination & Mitigation Planner – 2026 Hazard Mitigation Plan. Project includes the 2026 Hazard Mitigation Plan update for the municipality of San Joaquin County. Mrs. Schanen will support the mitigation and public outreach strategy during plan development. Her expertise will be utilized to provide technical assistance to develop fundable mitigation strategies.
Planner – THIRA. Leading the development of the THIRA tools and supporting the facilitation of in-person workshops for San Joaquin County and key stakeholders.
City of Alhambra | 2025 Hazard Mitigation Plan; Alhambra, CA; 2024-In-Progress
EXPERTISE
Green Infrastructure Design;
Outreach Coordination; Portfolio
Management; Hazard Mitigation
Planning; Funding & Financing
Evaluation; ArcGIS Pro
TOTAL YEARS OF
EXPERIENCE
4 CERTIFICATIONS
Engineer in Training (EI/EIT)
Envision Sustainability
Professional (ENV SP)
PROFESSIONAL
ASSOCIATIONS
Wisconsin Association for
Floodplain, Stormwater, and
Coastal Management
Water Environmental Federation,
Central States Water Environment
Association
ACE Mentor Program, Milwaukee
Chapter
PUBLIC OUTREACH
LEAD
City Council Packet - February 18, 2025
Mitigation Planner. Project includes the development of the 2025 Hazard Mitigation Plan for the municipality of the City of Alhambra. This is the first time the City of Alhambra is developing a Hazard Mitigation Plan. Mrs.
Schanen will support the navigation of new planning process and mitigation strategy to develop a robust and actionable plan.
California Department of Water Resources | DWR Grant Funding Support; California; 2024-In- Progress
Funding Specialist. Project support includes the development of application materials for various grant programs, including the Hazard Mitigation Grant Program (HMGP). Most recent support includes the development of multiple Notice of Intents for the HMGP for DR-4750.
Sierra County | 2025 Hazard Mitigation Plan; Sierra County, CA; 2024-In-Progress Mitigation Planner. Project includes the development of the 2025 Multi-Jurisdictional Hazard Mitigation Plan for the municipality of the Sierra County. Mrs. Schanen will support the public outreach and mitigation strategy for the plan update.
Texas General Land Office | Infrastructure Benefit Study; Texas; 2024-In-Progress Deputy Project Manager & Resilience Policy Analyst. This Study will provide an overview of how infrastructure projects affect community residents, the local economy, and flood mitigation across various regions in Texas.
Mrs. Schanen will support the analysis of current policies and research to determine how effective infrastructure improvements are in reducing the impacts of future flood events.
Prince George’s County | Clean Water Partnership; Maryland; 2021-2024 Procurement Coordinator. The Clean Water Partnership (CWP) is committed to improving stormwater infrastructure with a commitment to the local economy through local business development and utilization.
Lead the procurement practice through development, coordination, and execution of contracts between program partners, Corvias Infrastructure Solutions, LLC, and Prince George County. Utilize strong communication and interpersonal skills to develop and deliver timely project contracts for the CWP. Have completed the development and administration of over 40 stormwater projects for the community-based partnership.
Milwaukee Metropolitan Sewerage District | Fresh Coast Protection Partnership; Milwaukee, WI; 2020-2023
Project Engineer & Outreach Coordination. As subcontractor to Corvias Infrastructure Solutions, LLC, Black & Veatch provided production management and construction management services. Delivered over 8 MG GSI capacity on public and private property, across the Milwaukee Metropolitan Sewerage District service area.
Provided assistance in portfolio development of the community-based partnership by synchronizing a timeline for project milestones, coordination among stakeholders, and necessary permits reviews. Led the development of a programmatic Power BI dashboard to monitor KPIs. Established templates for GSI concept analysis, site assessment, and feasibility analysis. Led the technical design review of GSI and design schedule management.
Advocated for green infrastructure integration on private property, in the combined sewer service area, and socially vulnerable communities. Developed presentation material and fliers, supported event coordination, and timely communication with community partners.
City Council Packet - February 18, 2025
© Black & Veatch Corporation, 2025. All Rights Reserved.
The Black & Veatch name and logo are registered trademarks of Black & Veatch Holding Company. BV.com
City Council Packet - February 18, 2025
EXHIBIT C
FEE SCHEDULE
LA.BOR
PHASE COSTS ODCS* HOURS TOTAL
Phase 1 Organize Resources and Planning S29,400 S2,096 160 S31,496 Process** Phase 2: Hazard Identification and Risk S36,503 so 214 S36,503 Assessment Phase 3: Public Engagement Strategytt S14,611 S2.096 83 S16,707 Phase 4 Assess Capabilities & Identify S1 1,455 so 68 $11,455 Mitigation Strategies Phase 5: Plan Maintenance Strategy S2,968 so 18 $2,968
Phase 6: Assemble & Adopt the Plan** S49,659 S1,470 277 S51,129 Project Management S8,317 so 42 $8,317
Total $152,913 $5,662 62 $158,575
Rate for Additional meetings if needed $2,500 $2,500
* Other Direct Costs (ODCs) are inclusive of all travel, Per Diem. printing, and reproduction costs AACosts include in-person meeting attendance as outlined in this proposal
PROJECT POSITION BILL RATE PROJECTED HOURS
_ QA/_QC Coordinator S255.0D 8
Projec!_ Manager $245.0D 80
Financial Management $245.0D 12
Capabilities/Mitigation strategies Lead --$210.00 32
Risk Assessment Lead $195.00 72
Outreach Lead $185.00 64
Editor S175.00 60 -Deputy Project Manager S165.00 158
Senior Planner 3 $165.00 16
Planner 4 S155.00 16
GIS-Risk Assessment 3 S155.00 40
Planner 1 $145.00 24
GIS-Risk Assessment 2 $140.00 24
GIS-Risk Assessment 1 $135.00 24
Planner 2 $135.00 126
Project Controls $125.00 6
Planner 3 $125.00 84
Project Accountant $110.00 6
Project Biller $110.00 6
Total --858
City Council Packet - February 18, 2025
EXHIBIT D
PROJECT SCHEDULE
PROJECT TIMELINE: 12-MONTH PLANNING PROCESS
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City Council Packet - February 18, 2025
EXHIBIT E
DEBARMENT AND SUSPENSION CERTIFICATION
DEBARMENT AND SUSPENSION CERTIFICATION
(Applicable to all agreements funded in part or whole with federal funds and contracts over $_____).
The Contractor, under penalty of perjury, certifies that, except as noted below, the Contractor, its principals, and any named and unnamed subcontractor:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.
If there are any exceptions to this certification, insert the exceptions in the following space.
For any exception noted, indicate to whom it applies, initiating agency, and dates of action.
Exceptions will not necessarily result in denial of the award but will be considered in determining Contractor responsibility.
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Professional Services Agreement. Signing this Professional Services Agreement on the signature portion thereof shall also constitute the signature of this Certification.
CONTRACTOR: _______________________
PRINCIPAL: ___________________________ TITLE: ___________________________
SIGNATURE:___________________________ DATE: ___________________________
City Council Packet - February 18, 2025
EXHIBIT F
ADDITIONAL CONTRACT PROVISIONS – FEDERAL PROVISION
Funds used for payment of this Contract may be from or subject to reimbursement by state and/or federal funds. Some of these funding sources require additional contractual obligations and City and Contractor hereby agree to the following additional terms and conditions. The parties agree to each of these terms for reasons including, but not limited to, meeting all contracting requirements as set forth in 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II. These terms supplement the General Terms and Conditions.
I. General Provisions
A. Remedies. In the event of a breach by Contractor of any term or provision of this Agreement, the City shall have the right to pursue all available remedies at law or equity, including recovery of damages and specific performance of this Agreement. The parties hereto agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by Contractor of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, Contractor shall waive the defense that a remedy at law would be adequate. Except as expressly provided elsewhere in this Agreement, each party's rights and remedies under this Agreement are cumulative and in addition to, not exclusive of or in substitution for, any rights or remedies otherwise available to that party.
B. Termination. The City may suspend, terminate, or abandon the execution of any work by the Contractor under this Contract with or without cause at any time upon giving the Contractor prior written notice. In the event that the City should abandon, terminate, or suspend the Contractor’s work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination, or abandonment, but in no event shall Contractor be entitled to more than the not to exceed amount of the Contract, or if applicable, the portion of the Contract being terminated.
C. Equal Employment Opportunity . During the performance of this contract, Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employ ees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
City Council Packet - February 18, 2025
2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an invest igation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.
4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers’ representatives of the contractor’s commitments under section 202 of Executive Order 11246 of September 24, 1965 and shall post copies of the notice in conspicuous plac es available to employees and applicants for employment.
5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to their books, records, and accou nts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The Contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of
City Council Packet - February 18, 2025
enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering ag ency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:
Provided, that if the Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the dis charge of the agency’s primary responsibility for securing compliance.
The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government con tracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Contractor and refer the case to the Department of Justice for appropriate legal proceedings.
These provisions are included in addition to the Equal Employment Opportunity Practices Provisions in the General Terms and Conditions and Contractor shall abide by both provisions.
D. Rights to Inventions Made Under a Contract or Agreement. If this Contract is funded in whole or part by a Federal award of funds and the Contract and/or funding meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the Contractor (the “recipient or subrecipient”) wishes to enter into a con tract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreem ent,’’ the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency. This requirement applies to “funding agreements,” but it does not apply to the Public Assistance, Hazard Mitigation Grant
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Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” E. Clean Air Act and the Federal Water Pollution Control Act . The following provisions apply for all contracts in excess of $150,000:
1. Clean Air Act (42 U.S.C. 7401–7671q).
a. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
b. The Contractor agrees to report each violation of the Clean Air Act to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropria te Environmental Protection Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.
2. Federal Water Pollution Control Act (33 U.S.C. 1251–1387). a. The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. b. The Contractor agrees to report each violation of the Federal Water Pollution Control Act to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agenc y, and the appropriate Environmental Protection Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.
F. Debarment and Suspension. In addition to the debarment and suspension requirements in the General Terms and Conditions and executed Debarment certificate, the following terms shall apply:
1. This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
2. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters.
3. This certification is a material representation of fact relied upon by the City. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
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3000, subpart C, in addition to remedies available the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
4. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of the Contract. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered contracts.
G. Conflict of Interest. By executing this Contract, Contractor certifies that it does not know of any fact which constitutes a violation of Section 66 of City’s Charter; Title 9, Chapter 7 of the California Government Code (Section 87100 et seq.), or Title 1, Division 4, Chapter 1, Article 4 of the California Government Code (Section 1090 et seq.), and further agrees promptly to notify the City if it becomes aware of any such fact during the term of this Contract. In addition, Contractor shall be in full compliance with all other conflict of interest requirements, including those contained in 2 C.F.R. § 200.318.
H. Byrd Anti-Lobbying Amendment. For any contract of $100,000 or more, Contractor shall complete the required certification (included below) Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influenci ng or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn wil l forward the certification(s) to the City.
I. Procurement of recovered materials.
1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—
a. Competitively within a timeframe providing for compliance with the Contract performance schedule;
b. Meeting Contract performance requirements; or
c. At a reasonable price.
2. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
J. Access to Records.
1. The Contractor agrees to provide the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of
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the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
3. The Contractor agrees to provide the Federal Awarding Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
4. In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and agree that no language in this Contract is intended to prohibit audits or internal reviews by the Federal Awarding Agency or the Comptroller General of the United States.
K. Changes. The cost of any change, modification, change order, or constructive change must be allowable, allocable, within the scope of a funding grant or cooperative agreement, and reasonable for the completion of project scope. Changes can be made by either party to alter the method, price, or schedule of the work without breaching the Contract by entering a written amendment executed by authorized representatives. The Contract may not be modified except by a written document signed by both parties. It i s mutually understood and agreed that no alterations or variations of the terms of this Contract shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreement not incorporated herein, shall be binding o n any of the parties hereto.
L. Seal, Logo, And Flags. The Contractor shall not use the Department of Homeland Security, or any other Federal, state or local seals, logos, crests, or reproductions of flags or likenesses of agency officials without specific Federal Awarding Agency pre-approval.
M. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that Federal financial assistance may be used to fund all or a portion of the contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, Federal Awarding Agency policies, procedures, and directives.
N. No Obligation of Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the Contract.
O. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this Contract.
P. Local Preferences: To the extent that any local preferences are prohibited by funding, SLEB and other local preferences and policies have already been or are waived.
Q. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 –3708). For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, the following provisions, from 29 C.F.R §5.5(b) shall apply:
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1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be com puted with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
3. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performe d by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime C ontractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
R. Domestic Preferences for Procurements . As appropriate and to the extent consistent with law, the contractor and their subcontractor(s), to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
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manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
1. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
2. “Manufactured products” means items and construction materials composed in whole or in part of non -ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
S. Prohibition on Contracting for Covered Telecommunications Equipment and Services.
1. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405 -143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause—
2. Prohibitions.
a. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
b. Unless an exception in paragraph (3) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(1) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology of any system;
(2) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(3) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a
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substantial or essential component of any system, or as critical technology as part of any system; or
(4) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
3. Exceptions.
a. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or
b. By necessary implication and regulation, the prohibitions also do not apply to:
(1) Covered telecommunications equipment or services that:
(a) Are not used as a substantial or essential component of any system; and
(b) Are not used as critical technology of any system.
(2) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
4. Reporting requirement.
a. In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by an y other source, the contractor shall report the information in paragraph (4)(b) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
b. The Contractor shall report the following information pursuant to paragraph (4)(a) of this clause:
(1) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if kn own); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
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(2) Within 10 business days of submitting the information in paragraph (4)(b)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to preven t use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
5. Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (5), in all subcontracts and other contractual instruments.
T. License and Delivery of Works Subject to Copyright and Data Rights.
In order to comply with 2 C.F.R. § 200.315, Contractor grants to the City, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the City or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the City data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City.
U. Affirmative Socioeconomic Steps for Subcontracts. As a condition for the approval of any subcontract, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1) -(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.
II. Construction and Repair Work. The following provisions apply to construction or repair work:
Compliance with the Davis -Bacon Act and Copeland ‘‘Anti -Kickback’’ Act. For all prime construction contracts in excess of $2,000 the following terms shall apply:
A. Davis-Bacon Act
1. All transactions regarding this Contract shall be done in compliance with the Davis- Bacon Act (40 U.S.C. 3141 -3144, and 3146 -3148) and the requirements of 29
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C.F.R. pt. 5 as may be applicable. The Contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
3. Additionally, contractors are required to pay wages not less than once a week.
B. Copeland ‘‘Anti-Kickback’’ Act
1. Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
2. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the Federal Awarding Agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
3. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
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EXHIBIT G
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS –
CERTIFICATION REGARDING LOBBYING (APPENDIX A, 44 C.F.R. PART 18)
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subr ecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official Date
Name Title
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EXHIBIT H
THE IRAN CONTRACTING ACT (ICA) OF 2010
For Procurements of $1,000,000 or more
The California Legislature adopted the Iran Contracting Act (ICA) to respond to policies of Iran in a uniform fashion (PCC § 2201(q)). The ICA prohibits persons engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A person who “engages in investment activities in Iran” is defined in either of two ways:
1. The person provides goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
2. The person is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created by the California Department of General Services (DGS) pursuant to PCC § 2201(b) as a person engaging in the investment activities described in paragraph 1 above.
By signing below, I hereby certify that as of the time of bidding or proposing for a new contract or renewal of an existing contract, neither I nor the company I own or work for are identified on the DGS list of ineligible persons and neither I nor the com pany I own or work for are engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010.
If either I or the company I own or work for are ineligible to bid or submit a proposal or to renew a contract, but I believe I or it qualifies for an exception listed in PCC § 2202(c), I have described in detail the nature of the exception:
CONTRACTOR:
PRINCIPAL: TITLE:
SIGNATURE:
City Council Packet - February 18, 2025
City of La Verne,City Council
Agenda Report
DATE: February 18, 2025
TO: Honorable Mayor and City Council
FROM: Eric Scherer, Community Development Director
SUBJECT: RESOLUTION REQUESTING THE LOCAL AGENCY FORMATION
COMMISSION TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF 406 BASELINE ROAD.
SUMMARY
On October 2, 2023, the City Council approved Resolution Number 23-68 and Ordinance Number 1120 regarding the annexation of the property located at 406 Baseline Road from unincorporated Los Angeles County into the City of La Verne. Subsequent to that action, the City was requested by the Local Agency Formation Commission (LAFCO) to adopt another resolution requesting their initiation of proceedings for the reorganization (annexation) of the property.
RECOMMENDATION
That the City Council adopt a Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA VERNE, CALIFORNIA, REQUESTING THE LOCAL AGENCY FORMATION
COMMISSION FOR THE COUNTY OF LOS ANGELES TO INITIATE PROCEEDINGS FOR REORGANIZATION OF TERRITORY.”
DISCUSSION
The proposed annexation involves a 15,096-square-foot vacant residential parcel at 406 Baseline Road. The property is currently outside the City's jurisdiction but falls within La Verne’s Sphere of Influence. Annexation is necessary for the property owner to access municipal water services and proceed with the development of a single-family residence.
During the October 2, 2023, City Council meeting, the Council reviewed and approved the annexation request along with the associated pre-zoning designation. Resolution Number 23-68 and Ordinance Number 1120 were adopted to formalize these actions. As a next step, Local Agency Formation Commission (LAFCO) requires the City to adopt an additional resolution to advance the annexation process to its hearing stage.
Beyond enabling water service connections, annexation will ensure that the property benefits from City services, including emergency response, public works maintenance, and planning oversight. This transition aligns with the City’s broader planning objectives and maintains consistency with its land use policies.
FISCAL ANALYSIS
The annexation is expected to have minimal fiscal impact on the City. Any applicable property taxes, fees, and assessments will be collected in accordance with City regulations and
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Resolution Requesting the Local Agency Formation Commission to Initiate Proceedings for the Reorganization of 406 Baseline Road. , Page 2
processed through the County of Los Angeles Tax Collector. The negotiated exchange of property tax revenue between the City and affected agencies will ensure appropriate distribution of funds. The cost of providing municipal services is anticipated to be offset by the future property tax contributions from the developed parcel.
ENVIRONMENTAL ANALYSIS
The proposed annexation qualifies for a Categorical Exemption under CEQA:
• Section 15319(b): Annexations of individual small parcels of the minimum size for exempted facilities.
• Section 15303(a): New construction or conversion of small structures, including single- family residences.
Given the scope of the project, no significant environmental impacts are anticipated. The CEQA Categorical Exemption was formally adopted by the City of La Verne on October 16, 2023.
LEGAL REVIEW
The City Attorney has reviewed the report and draft Resolution. The proposed annexation complies with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code. The annexation process will be completed in coordination with LAFCO, and the City has requested a waiver of protest proceedings under Government Code Sections 56662(a)(1) through 56662(a)(3).
ATTACHMENTS
1. DRAFT CC Reso 25-
2. Exhibit A and B
3. 23-68 Annexation of 406 Baseline Rd
4. 1120
Pre Annexation Zoning of 406 Baseline Road
5. PC Reso1311 Signed
Report Prepared By: Coordinated with:
Candice Bowcock, Principal Planner Kim Barlow, City Attorney
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1 RESOLUTION NO. 25-
2 3 A RESOLUTION OF APPLICATION BY THE CITY OF LA VERNE REQUESTING 4 THE LOCAL AGENCY FORMATION COMMISSION FOR THE COUNTY OF LOS 5 ANGELES (LAFCO) TO INITIATE PROCEEDINGS FOR REORGANIZATION OF 6 TERRITORY
7 8
9 BE IT RESOLVED by the City of La Verne, that:
10 11 WHEREAS, the City of La Verne desires to initiate proceedings pursuant to the 12 Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing 13 with Section 56000 of the California Government Code, for a change of organization 14 that would annex territory from the District; and
15 16 WHEREAS, this annexation is being proposed upon a Resolution of Application to 17 Initiate Proceedings for annexation filed by the City of La Verne on behalf of Deborah 18 Chavez; and
19 20 WHEREAS, the territory proposed to be annexed is uninhabited; and 21 22 WHEREAS, the boundaries of the proposed area are described in the geographic 23 description, and depicted on the corresponding map, Exhibit “A” and Exhibit “B”, 24 respectively, for annexation, which are incorporated herein by reference; and 25 26 WHEREAS, the proposed annexation is categorically exempt from the California 27 Environmental Quality Act (CEQA) pursuant to Section 15319(b): Annexations of 28 individual small parcels of the minimum size for facilities exempted by Section 15303, 29 New Construction or Conversion of Small Structures and 15303(a): One single-family 30 residence, or a second dwelling unit in a residential zone. In urbanized areas, up to 31 three single-family residences may be constructed or converted under this exemption. 32 The proposed annexation and zoning will only allow for the future construction of a 33 single-family home; and the Categorical Exemption was adopted by City of La Verne, 34 as lead agency, on October 16, 2023.
35 36 NOW, THEREFORE, BE IT RESOLVED by the City of La Verne, that:
37 38 1. The proposal is hereby made to LAFCO for a reorganization as follows:
39 40 a. This proposal is made pursuant to the Cortese-Knox-Hertzberg Local 41 Government Reorganization Act of 2000 commencing with Section 56000 of the 42 California Government Code.
43 44 b. The nature of the proposed reorganization is the annexation of the territory 45 to the City of La Vere.
46
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Resolution No. 25-
1 c. The affected territory proposed to be annexed is uninhabited. 2 3 d. The boundaries of the proposal area are described in the geographic 4 description, and depicted on the corresponding map, Exhibit “A” and Exhibit “B”, 5 respectively, for annexation, which are incorporated herein by reference. 6 7 e. The affected territory is within the Sphere of Influence of the City of La 8 Verne.
9 10 f. It is desired that the proposed annexation provides for and made subject to 11 the following terms and conditions:
12 13 i. The negotiated exchange of property tax revenue between affected 14 agencies resulting from said annexation to the City of La Verne. 15 16 ii. The annexed territory shall be subject to the payment of such service 17 charges, assessments, or taxes as the City of La Verne may legally impose. 18 19 iii. Any taxes, fees, charges, or assessments for the City of La Verne 20 may be collected by the County of Los Angeles Tax Collector in the same manner as 21 ad valorem property taxes or otherwise allowed by law. 22 23 g. The description of the proposal area is as follows (i.e. existing structures, 24 commercial, residential):
25 26 i. The vacant/uninhabited residential property is a 15,096 square foot 27 parcel, located at 406 Baseline Road (8666-009-033). 28 29 h. The reason for this proposal is as follows:
30 31 ii. The property owner intends to construct a residence on the vacant lot 32 but is unable to connect to the City of La Verne's water infrastructure unless the 33 property is first incorporated into the City of La Verne. 34 35
36 2. The said City of La Verne consents to waiver of protest proceedings pursuant to 37 Government Code Sections 56662(a)(1) through 56662(a)(3), inclusive. 38 39 3. This Resolution of Application to Initiate Proceedings is hereby adopted and 40 approved by the City of La Verne, and LAFCO is hereby requested to initiate 41 proceedings for the annexation of territory as authorized and in the manner provided 42 by the Cortese-Know-Hertzberg Local Government Reorganization Act of 2000. 43 44 4. The Clerk of the City of La Verne is hereby authorized and directed to file a certified 45 copy of this Resolution with the Executive Officer of the Local Agency Formation 46 Commission for the County of Los Angeles.
City Council Packet - February 18, 2025
Resolution No. 25-
1 2 PASSED AND ADOPTED on the 18th day of February, 2025, by the City of La Verne, 3 by the following vote:
4 5 AYES:
6 NOES:
7 ABSENT:
8 ABSTAIN:
9 10 CITY OF LA VERNE
11 12
13 ___________________________________
14 Tim Hepburn
15 Mayor, City of La Verne
16 17 ATTEST:
18 19
20 21 _______________________________
22 Debra Fritz, Deputy City Clerk
23 24
25 26 Exhibit A: Geographic Description
27 28 Exhibit B: Map
29 30
31 32
33 34
35 36
37 38
39 40
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43 44
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City Council Packet - February 18, 2025
EXHIBIT A
Reorganization No. 2024-03 To City of La Verne
(Annexation to the City of La Verne & County Sanitation District #21 of L.A.
County, Detachment from Consolidated Fire Protection District of L.A. County)
GEOGRAPHICAL DESCRIPTION
A PORTION OF SECTION 6, TOWNSHIP 1 SOUTH, RANGE 8 WEST, S.B.M. BEING IN THE
UNINCORPORATED TERRITORY OF LOS ANGELES COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
POB BEGINNING AT THE CENTERLINE INTERSECTION OF BASELINE AVENUE AND DAWN AVENUE, AS SHOWN ON THE MAP OF TRACT NO. 32780, FILED IN BOOK 910, PAGES 71-73 OF MAPS, AT THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE NORTH 89°56'36" WEST A DISTANCE OF 140.39 TO THE INTERSECTION OF THE NORTHERLY PROLONGATION OF THE EAST LINE OF THAT GRANT DEED TO CHAVEZ MANAGEMENT, LLC, RECORDED JANUARY 14, 2022 AS INSTRUMENT NO. 2022-0058769, IN OFFICIAL RECORDS AT SAID RECORDER’S OFFICE,
WITH THE CENTERLINE OF SAID BASELINE AVENUE, BEING THE TPOB TRUE POINT OF
BEGINNING, THENCE,
FROM THE TRUE POINT OF BEGINNING:
LINE 1 SOUTH 00°07'22" WEST, A DISTANCE OF 200.00 FEET ALONG SAID EAST LINE AND IT’S
NORTHERLY PROLONGATION TO THE SOUTHEAST CORNER OF SAID DEED, THENCE,
LINE 2 NORTH 89°56'36" WEST A DISTANCE OF 100.00 FEET ALONG THE SOUTH LINE OF SAID
DEED TO THE SOUTHWEST CORNER OF SAID DEED, THENCE,
LINE 3 NORTH 00°07'22" EAST, A DISTANCE OF 200.00 FEET ALONG THE WEST LINE OF SAID DEED AND IT’S NORTHERLY PROLONGATION, TO SAID CENTERLINE OF BASELINE AVENUE,
THENCE,
LINE 4 SOUTH 89°56'36" EAST A DISTANCE OF 100.00 FEET ALONG SAID CENTERLINE TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.459 AC. MORE OR LESS, FOR TAX ASSESSMENT PURPOSES ONLY.
SEE EXHIBIT, ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE SUPERVISION OF:
____________________________ 2/6/2025
JASON J. STILLER, PLS 9271 DATE
City Council Packet - February 18, 2025
CALTRANS
210 FREEWAY
LAND DESIGN CONSULTANTS INC.
LEGEND
GRAPHIC SCALE (IN FEET)
0 100 20050
1" = 100'
REORGANIZATION NO. 2024-03 TO THE CITY OF LA VERNE
(ANNEXATION TO THE CITY OF LA VERNE & COUNTY SANITATION DISTRICT# 21 OF L.A.
COUNTY, DETACHMENT FROM CONSOLIDATED FIRE PROTECTION DISTRICT OF L.A. COUNTY) -
POR. "F.
50 TOWNSHIP & RANGE
T.1 S, R.BW, S.B.M.
SECTION 6
BASELINE ROAD
o 140.39'
-o----,+~--r--r--r-...,...-IP------- ...... -- - -
N89"56'36"W CITY OF LA VERNE
T.P. □ .B.
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COUNTY OF LOS ANGELES
CITY OF LA VERNE
- - - - EXISTING LA COUNTY /LA VERNE BOUNDARY I ~:::: ~ 0 PROPOSED REORGANIZATION BOUNDARY, 0.459 -!.L-//__// ___ //__// __ //~-~ // __ //~--A ACRES, FOR TAX ASSESSMENT PURPOSES ONLY E----l P.O.B. = POINT OF BEGINNING
T.P.O.B. = TRUE POINT OF BEGINNING
LINE TABLE
LINE BEARING DISTANCE
L1 S00'07'22"W 200.00'
L2 N89'56'36"W 100.00'
L3 N00'07'22"E 200.00'
L4 S89'56'36"E 100.00'
• Dr ~n-.a••-~-&&ri--S~
.... ~ 800 Royal Oaks Drive, Suite 104, Monrovia, CA 91016 Ph. (626) 578-7000 Fax: (626) 578-737:J
REORGANIZATION NO. 2024-03
TO THE CITY OF LA VERNE
DESIGNED BY DATE SCALE REVIEWED BY PRJ. NO. 24011-001
JS FEB. 6, 2025 1"=100' SH SHEET 1 OF 1
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29 RESOLUTION NO. 23-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ANNEXATION OF 406 BASELINE ROAD, APN# 8666-009-033, (15,096 SQUARE FEET) FROM LOS
ANGELES UNINCORPORATED COUNTY INTO THE CITY OF LA VERNE WHEREAS , the applicant, Deborah Chavez, filed an application proposing to annex a 15,096 square foot parcel into the City of La Verne and a Zone Change to establish land use and zoning designations for the site located at 406 Baseline Road (the "Property"), which is at the south side of Baseline Road and west of Dawn Avenue; and WHEREAS, Section 18.70.100 of the La Verne Municipal Code authorizes the City Council to hear and approve annexation requests; and
WHEREAS, on September 13, 2023, the Planning Commission of the City of La Verne held a further duly, noticed public hearing on the project at which time it considered all evidence presented, both written and oral, that the City Council approve the request; and WHEREAS, the City Council of the City of La Verne held a duly noticed hearing on the Project on October 2, 2023, at which time it considered all evidence presented, both oral and written ; and
WHEREAS, notice of the public hearings were published in the Inland Valley Daily Bulletin and mailed to all owners of properties within 300 feet of the property; and WHEREAS, prior to adopting this Resolution, the City Council adopted Ordinance No. 1120 adopting a Categorical Exemption determination for the project and approving a pre annexation zone change.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. Findings. In approving the proposed Annexation , City Council HEREBY FINDS AND DETERMINES that Case No. 74-23ANX satisfies the provisions of Section 18.70.
1. The proposed annexation shall be consistent with all applicable goals, policies and implementation measures of the City General Plan and any applicable specific plans.
The proposed annexation has been determined to be consistent with all applicable goals, policies and implementation measures of the City's General Plan as is detailed in the staff report for this project. These measures include but are not limited to the evaluation of environmental factors such as development standards that protect natural habitats, grading, and tree preservation.
2. The proposed annexation shall conform to the terms of any memorandum of understanding or other agreement adopted by the City Council applicable to the proposed annexed territory.
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29 It has been determined that the annexation of this site will comply with all applicable zoning standards. There is no agreement adopted by the City Council which applies to the proposed annexed territory.
3. The application for the proposed annexation shall contain an analysis that demonstrates to the satisfaction of the Community Development Director and the finance officer the costs and revenues that will result from the proposed annexation and, if applicable, any subsequent development of the annexed property. The annexation shall not imperil the city's long-term ability to finance, maintain and operate public facilities.
It has been determined that due to the limited size of the proposed development, the annexation would not imperil the city's long-term ability to finance, maintain and operate public facilities related to the development of this site.
4. The application for the proposed annexation shall contain evidence that demonstrates to the satisfaction of the Director of Public Works and the Community Development Director that public services and utilities, including sewer and water service, can and shall be extended to serve the proposed annexed territory.
Each director has determined that public services including sewer, water, and utilities have been determined to be available to the proposed annexation area.
5. The application for the proposed annexation shall demonstrate to the satisfaction of the Community Development Director that an assessment district shall be established at an appropriate time to pay for lighting, landscape maintenance and other capital improvements and on-going maintenance, if such a district is necessary according to the consensus of the finance director, the Community Development Director, and the Director of Public Works.
It has been determined that due to the limited size of the proposed development , an assessment district is not necessary for improvements related to the development of this site.
6. The area to be annexed shall be within the city's sphere of influence.
The area to be annexed within the city's established sphere of influence (SOI) (SOI Study VII Area 2 (B), Est. 11/28/73).
7. In the case of county "islands," the applicant(s) shall demonstrate to the satisfaction of the Community Development Director that annexation shall not negatively impact existing services or adjacent land.
Annexation of this parcel into the City of La Verne would not create an "island" nor is it currently an island as the parcel is contiguous to the City of La Verne boundaries.
Section 2. Approval. Based upon the above findings, the City Council HEREBY APPROVES Annexation Case No. 74-23ANX. The approvals granted herein shall not take effect unless and until Ordinance No. 1120 is adopted, approving the Categorical Exemption and designating the pre-annexation zoning to PR3D.
Resolution No. 23-68
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29 Section 3. Attest. The Mayor shall sign and the Assistant City Clerk shall attest to the passage of this ordinance.
PASSED, APPROVED , AND ADOPTED this this 2nd day of October 2023. ~~ Tim Hepburn, Mayor
ATTEST:
~ ((ho:dA ~
lupeaeta Estrella, Assistant City Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution No. 23-68 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 2nd day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kashifalghita, Johnson, Crosby, Lau and Mayor Hepburn.
None.
None.
None.
ctLtf:1 ~ ~
Lupe Gaeta Estrella, Assistant City Clerk
Exhibit A - Annexation Area
Resolution No. 23-68
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PRJO
0 Resolution No. 23-68
EXHIBIT A
Annexation Area
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29 ORDINANCE NO.
1120
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF
LOS ANGELES , STATE OF CALIFORNIA , ESTABLISHING A PRE-ANNEXATION ZONING DESIGNATION FROM THE LOS ANGELES COUNTY ZONING OF A-1-15000 TO PR3D AND ADOPTING THE PR3D ZONING FOR 406 BASELINE ROAD (APN NO. 8666-009-033) IN THE CITY OF LA VERNE AND FINDING THE ORDINANCE TO BE
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, Deborah Chavez (Applicant) submitted an application for a number of entitlements including annexation of a 15,096 square foot parcel, located at 406 Baseline Road (8666-009-033) and currently within unincorporated Los Angeles County) into the City of La Verne and a zone change from the Los Angeles County zoning designation of A-1-15000 to PR3D; and
WHEREAS, on September 13, 2023, the Planning Commission of the City of La Verne held a further duly, noticed public hearing on the Project at which time it considered all evidence presented, both written and oral, that the City Council approve the request; and
WHEREAS, the City Council of the City of La Verne held a duly noticed hearing on the Project on October 2, 2023, at which time it considered all evidence presented , both oral and written; and
WHEREAS, notice of the public hearings were published in the Inland Valley Daily Bulletin and mailed to all owners of properties within 300 feet of the property; and WHEREAS, prior to adopting this Ordinance to change the zoning from the Los Angeles County A-1-15000 zone to PR3D, the City Council adopted Resolution No. 23- 68 approving annexation of the property into the City of La Verne from the County of Los Angeles.
NOW, THEREFORE , BE IT ORDAINED by the City Council of the City of La Verne as follows:
Section 1. CEQA. The City Council finds that no additional environmental review is required for multiple reasons. First, the annexation is not a "project" that is subject to CEQA, as there is no potential that the annexation will result in either a direct physical change to the environment or a reasonably foreseeable indirect change to the environment. The annexation will not substantially revise the development potential of the annexed lands under the existing zoning, and CEQA. As such, it will not result in any direct or indirect changes to the environment and is exempt per Public Resources Code § 21065 and CEQA Guidelines §15378. Additionally , the City Council is adopting a Categorical Exception for the project per section 1 5319(b): Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures and 15303(a): One single-family City Council Packet - February 18, 2025
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29 residence,
or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. The proposed annexation and zoning will only allow for the future construction of a single family home; and
Section 2. Findings. In approving the proposed pre-zoning designation, the City Council HEREBY FINDS AND DETERMINES that Case No. 93-23ZC satisfies the requirements of California Government Code Section 65800, et seq. relating to zoning regulations, Government Code section 65450, et seq. and the requirements of Chapter
18.112 of the La Verne Municipal Code relating to changes and amendments in that:
1. The City has complied with all procedural requirements in the adoption of the Zone Change, including all required noticed, public hearings before the Planning Commission and City Council. Procedural requirements, including noticing and publishing of the Planning Commission and City Council hearing date and time, have occurred in compliance with Zoning Code requirements.
2. The proposed density of 3 units per acre is consistent with the General Plan land use designation of Low Density Residential.
3. The Zone Change is consistent with Land Use Element Policy and implementation measures. These policies and measures encourage the evaluation of environmental fiscal/service impact analysis, development standards that protect natural habitats, grading, and tree preservation while also ensuring compatibility with adjacent residential uses. Additionally, the Zone Change is consistent with the immediately adjacent properties which are developed with single family residences.
4. The Zone Change will enable the construction of an additional housing unit in furtherance of the goals and policies of the City's Housing Element as well as in satisfaction of the City's RHNA obligations.
5. The Zone Change is consistent with all elements of the General Plan including land use, housing, and community design.
6. For the reasons set forth above, the proposed zone change serves the public necessity, convenience, and general welfare by creating development standards and regulations that will ensure that project will bring high-quality housing to the La Verne community and allows the property to be developed with a single-family home similar to other single-family homes in the area.
Based upon the above findings, the City Council HEREBY APPROVES and ADOPTS:
1. The change in zone from A-1-15000 to Planed Residential - Detached 3 units/acre (PR3D) zone for the Property described above and depicted on the revised Zoning Map as shown on Exhibit A; and
Ordinance No. 1120
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29 Section 3. Severability.
If any provision(s) of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction , such invalidity or unconstitutionality shall not affect any other provision or application, and to this end, the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence , clause, phrase, part or portion thereof , even though any one or more sections, subsections , clauses, phrases, parts or portions thereof was declared invalid or unconstitutional.
Section 4. Attest. The Mayor shall sign and the Assistant City Clerk shall attest to the passage of this Ordinance.
Section 5. Effective Date. This ordinance shall become effective on the thirty first day after its adoption. Notwithstanding the foregoing , the zone for the property shall not change until the annexation becomes effective.
PASSED, APPROVED AND ADOPTED this 16th day of October 2023 Tim Hepburn, Mayor
ATTEST :
City Clerk
Ordinance No. 1120
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29 CERTIFICATION
I, Lupe Estrella, Assistant City Clerk of the City
of La Verne , do hereby certify that
Ordinance No. 1120 was introduced for first reading at a regular meeting on the October 2, 2023, thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the 16th day of October 2023, by the following vote:
AYES :
NOES:
Kashifalghita, Johnson , Lau, Crosby , and Mayor Hepburn.
None.
ABSENT:
ABSTA INED:
None.
None.
Exhibit A - Current Los Angeles County Zoning Designation Exhibit B - Proposed La Verne Zoning Designation
Ordinance No. 1120
ty City Clerk
City Council Packet - February 18, 2025
EXHIBIT A
Current Los Angeles County Zoning Designation: A-1-15000 Ordinance No. 1120
City Council Packet - February 18, 2025
Exhibit B
Proposed La Verne Zoning Designation : PR30
BolUI,... Rd ,---...---- ---
❖
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Ordinance No. 1120
City Council Packet - February 18, 2025
RESOLUTION NO. 1311
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA VERNE,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF CASE NO. 74-23ANX - ANNEXATION OF 406 BASELINE ROAD, APN# 8666-009-033, (15,096 SQUARE FEET) INTO THE CITY OF LA VERNE AND 93-23ZC - A PRE-ANNEXATION ZONE CHANGE FROM THE COUNTY DESIGNATION OF A-1-15000 TO PR3D, (PLANNED RESIDENTIAL DEVELOPMENT - 3 UNITS/ACRE), AND RECOMMENDING APPROVAL OF CATEGORICAL EXCEPTION FOR THE PROJECT.
WHEREAS, the applicant, Deborah Chavez, filed an application proposing to annex a 15,096 square foot parcel into the City of La Verne and a Zone Change to establish land use and zoning designations for the site located at 406 Baseline Road (the "Property"), which is at the south side of Baseline Road and west of Dawn Avenue; and WHEREAS, Sections 18.70.060, 18.112 and 16.16.115 of the La Verne Municipal Code authorize the Planning Commission to recommend approval to the City Council for annexations and zone change; and
WHEREAS, a notice of public hearing was published in the Inland Valley Daily Bulletin on August 31, 2023, and mailed to all owners of property within 300 feet of the subject property on August 31, 2023; and
WHEREAS, in accordance with the California Environmental Quality Act and the La Verne Environmental Guidelines, the Planning Commission recommends the City Council adoption of a Categorical Exception for the project per section 15319(b):
Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures and 15303(a): One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. The proposed annexation and zoning will only allow for the future construction of a single-family home; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing and considered public testimony on September 13, 2023, in accordance with the provisions of the La Verne Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Verne as follows:
Section 1. In connection with Annexation 59-19, the Planning Commission of the City of La Verne HEREBY FINDS AND DETERMINES as follows:
1. The proposed annexation shall be consistent with all applicable goals, policies and implementation measures of the city General Plan and any applicable specific plans.
City Council Packet - February 18, 2025
Resolution No. 1311
The proposed annexation is consistent with all applicable goals, policies and implementation measures of the city's General Plan as is detailed in the staff report for this project. In particular, the proposed zoning for the property will be the same as the surrounding uses.
2. The proposed annexation shall conform to the terms of any memorandum of understanding or other agreement adopted by the City Council applicable to the proposed annexed territory.
There is no MOU or other agreement applicable to the proposed annexed territory.
Further, the annexation will allow a quality development and compliance with all applicable zoning standards.
3. The application for the proposed annexation shall contain an analysis that demonstrates to the satisfaction of the Community Development Director and the finance officer the costs and revenues that will result from the proposed annexation and, if applicable, any subsequent development of the annexed property. The annexation shall not imperil the city's long-term ability to finance, maintain and operate public facilities.
Due to the small size of the parcel, the annexation would not have any significant impact on the city's finances and therefore will not imperil the city's long-term ability to finance , maintain and operate public facilities related to the development of this site.
4. The application for the proposed annexation shall contain evidence that demonstrates to the satisfaction of the Director of Public Works and the Community Development Director that public services and utilities, including sewer and water service, can and shall be extended to serve the proposed annexed territory.
Public services including sewer, water, and utilities are available to the proposed annexation area and project.
5. The application for the proposed annexation shall demonstrate to the satisfaction of the Community Development Director that an assessment district shall be established at an appropriate time to pay for lighting, landscape maintenance and other capital improvements and on-going maintenance, if such a district is necessary according to the consensus of the finance director, the Community Development Director and the Director of Public Works.
It has been determined that due to the size of the proposed development, an assessment district is not necessary for improvements related to the development of this site.
2 City Council Packet - February 18, 2025
Resolution No. 1311
6. The area to be annexed shall be within the city's sphere of influence.
The area to be annexed is immediately adjacent to the City of La Verne and therefore is within the city's established sphere of influence (SOI) (SOI Study VII Area 2 (B), Est. 11/28/73).
7. In the case of county "islands," the applicant(s) shall demonstrate to the satisfaction of the Community Development Director that annexation shall not negatively impact existing services or adjacent land.
Annexation of this parcel into the City of La Verne would not create an "island" nor is it currently an island as the parcel is contiguous to the City of La Verne boundaries.
Section 2. In connection with the pre-annexation zoning Case No. 93-23, the Planning Commission of the City of La Verne HEREBY FINDS AND DETERMINES Case No. 93- 23ZC satisfies the requirements of California Government Code Section 65800 et seq. relating to zoning regulations and the requirements of Chapter 18.112 of the La Verne Municipal Code relating to changes and amendments in that:
1. The City has complied with all procedural requirements in the adoption of the Zone Change, including all required noticed, and public hearings. Procedural requirements, including noticing and publishing of the Planning Commission hearing date and time, have occurred in compliance with Zoning Code requirements.
2. The proposed density of 3 units per acre is consistent with the General Plan land use designation of Low Density Residential.
3. The pre-annexation zoning is consistent with Land Use Element Policy and implementation measures. These policies and measures encourage the evaluation of environmental fiscal/service impact analysis, and development standards while also ensuring compatibility with adjacent residential uses. Additionally, the Zone Change is consistent with the immediately adjacent properties which are developed with single family residences.
4. The pre-annexation zoning will enable the construction of one home in furtherance of the goals and policies of the City's Housing Element as well as in satisfaction of the City's RHNA Obligations.
5. Zoning is consistent with all elements of the General Plan including land use. housing, and community design.
6. For the reasons set forth above, the proposed pre-annexation zoning serves the public necessity, convenience, and general welfare by creating development 3 City Council Packet - February 18, 2025
Resolution No. 1311
standards and regulations that will ensure that project will bring high-quality housing to the La Verne community and allow the property to be developed with a single-family home similar to other single-family homes in the area.
Section 3. The Planning Commission of the City of La Verne HEREBY RECOMMENDS APPROVAL of the project to the City Council for Case Nos. 74-23ANX and 93-23ZC.
Section 4. The Planning Commission HEREBY RECOMMENDS APPROVAL to the City Council of the Categorical Exception for the project in accordance with the California Environmental Quality Act and the La Verne Environmental Guidelines .
Section 5. The Chairperson shall sign and the Secretary shall attest to the adoption of Resolution No. 1311.
APPROVED AND ADOPTED this 13th day of September, 2023, by the Planning Commission at La Verne, California.
ATTEST:
Secretafy,Pianning Commission
Exhibit A - Annexation Area
Exhibit B - Current Los Angeles County Zoning Designation Exhibit C - Proposed La Verne Zoning Designation
4 City Council Packet - February 18, 2025
PR30
·.•
0 ❖
Exhibit A
Annexation Area
Exhibit 8
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Current Los Angeles County Zoning Designation
5 Resolution No. 1311
PR30
.:.
City Council Packet - February 18, 2025
Resolution No. 1311
Exhibit C
Proposed La Verne Zoning Designation
q ------- j
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0 0
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29 RESOLUTION NO. 23-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ANNEXATION OF 406 BASELINE ROAD, APN# 8666-009-033, (15,096 SQUARE FEET) FROM LOS
ANGELES UNINCORPORATED COUNTY INTO THE CITY OF LA VERNE WHEREAS, the applicant, Deborah Chavez, filed an application proposing to annex a 15,096 square foot parcel i nto the C ity of La Verne and a Zone Change to establish land use and zoning designations for the site located at 406 Baseline Road (the "Property"), which is at the south side of Baseline Road and west of Dawn Avenue; and WHEREAS, Section 18. 70.100 of the La Verne Municipal Code authorizes the City Council to hear and approve annexation requests; and
WHEREAS, on September 13, 2023, the Planning Commission of the City of La Verne held a further duly, noticed public hearing on the project at which time it considered all evidence presented, both written and oral, that the City Council approve the request; and WHEREAS, the City Council of the City of La Verne held a duly noticed hearing on the Project on October 2, 2023, at which time it considered all evidence presented, both oral and written; and
WHEREAS, notice of the public hearings were published in the Inland Valley Daily Bulletin and mailed to all owners of properties within 300 feet of the property; and WHEREAS, prior to adopting this Resolution, the City Council adopted Ordinance No. 1120 adopting a Categorical Exemption determination for the project and approving a pre annexation zone change.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. Findings. In a pproving the proposed Annexation, City Council HEREBY FINDS AND DETERMINES that Case No. 74-23ANX satisfies the provisions of Section 18.70.
1. The proposed annexation shall be consistent with all applicable goals, policies and implementation measures of the City General Plan and any applicable specific plans.
The proposed annexation has been determined to be consistent with all applicable goals, policies and implementation measures of the City's General Plan as is detailed in the staff report for this project. These measures include but are not limited to the evaluation of environmental factors such as development standards that protect natural habitats, grading, and tree preservation.
2. The proposed annexation shall conform to the terms of any memorandum of understanding or other agreement adopted by the City Council applicable to the proposed annexed territory.
City Council Packet - February 18, 2025
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29 It has been determined that the annexation of this site will comply with all applicable zoning standards. There is no agreement adopted by the City Council which applies to the proposed annexed territory.
3. The application for the proposed annexation shall contain an analysis that demonstrates to the satisfaction of the Community Development Director and the finance officer the costs and revenues that will result from the proposed annexation and, if applicable, any subsequent development of the annexed property. The annexation shall not imperil the city's long-term ability to finance, maintain and operate public facilities.
It has been determined that due to the limited size of the proposed development, the annexation would not imperil the city's long-term ability to finance, maintain and operate public facilities related to the development of this site.
4. The application for the proposed annexation shall contain evidence that demonstrates to the satisfaction of the Director of Public Works and the Community Development Director that public services and utilities, including sewer and water service, can and shall be extended to serve the proposed annexed territory.
Each director has determined that public services including sewer, water, and utilities have been determined to be available to the proposed annexation area.
5. The application for the proposed annexation shall demonstrate to the satisfaction of the Community Development Director that an assessment district shall be established at an appropriate time to pay for lighting, landscape maintenance and other capital improvements and on-going maintenance, if such a district is necessary according to the consensus of the finance director, the Community Development Director, and the Director of Public Works.
It has been determined that due to the limited size of the proposed development, an assessment district is not necessary for improvements related to the development of this site.
6. The area to be annexed shall be within the city's sphere of influence.
The area to be annexed within the city's established sphere of influence (SOI) (SOI Study VII Area 2 (B), Est. 11/28/73).
7. In the case of county "islands," the applicant(s) shall demonstrate to the satisfaction of the Community Development Director that annexation shall not negatively impact existing services or adjacent land.
Annexation of this parcel into the City of La Verne would not create an "island" nor is it currently an island as the parcel is contiguous to the City of La Verne boundaries.
Section 2. Approval. Based u pon the above findings, the City Council HEREBY APPROVES Annexation Case No. 74-23ANX. The approvals granted herein shall not take effect unless and until Ordinance No. 1120 is adopted, approving the Categorical Exemption and designating the pre-annexation zoning to PR3D.
Resolution No. 23-68
City Council Packet - February 18, 2025
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29 Section 3. Attest. The Mayor shall sign and the Assistant City Clerk shall attest to the passage of this ordinance .
PASSED, APPROVED , AND ADOPTED this this 2nd day of October 2023. /S/ TIM HEPBURN
Tim Hepburn , Mayor
ATTEST :
/S/ LUPE GAETA ESTRELLA
Lupe Gaeta Estrella, Assistant City Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution No. 23-68 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 2nd day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT :
ABSTAIN:
Kashifalghita , Johnson , Crosby , Lau and Mayor Hepburn.
None.
None.
None.
/S/ LUPE GAETA ESTRELLA
Lupe Gaeta Estrella, Assistant City Clerk
Exhibit A - Annexation Area
Resolution No. 23-68
City Council Packet - February 18, 2025
EXHIBIT A
Annexation Area
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Resolution No. 23-68
City Council Packet - February 18, 2025
City of La Verne, City Council
Agenda Report
DATE:
TO:
FROM:
SUBJECT:
SUMMARY
October 16, 2023
Honorable Mayor and City Council
Ken Domer, City Manger
Approved on 10/16/23 at the
regular meeting of the
La Verne City Council.
ADOPTION OF ORDINANCE NO. 1120, ESTABLISHING A PRE
ANNEXATION ZONING DESIGNATION FROM THE LOS ANGELES COUNTY ZONING AND ADOPTING THE PR3D ZONING FOR 406 BASELINE ROAD IN
THE CITY OF LA VERNE
The City Council at its meeting of October 2, 2023, approved the first reading of Ordinance No. 1120, establishing a pre-annexation zoning designation from the County of Los Angeles Zoning and adopting PR3D zoning for 406 Baseline Road in the City of La Verne.
RE COMMENDATION
It is recommended that the City Council adopt Ordinance No. 1120 titled , " AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS
ANGELES , STATE OF CALIFORNIA, ESTABLISHING A PRE-ANNEXATION ZONING DESIGNATION FROM THE LOS ANGELES COUNTY ZONING OF A-1-15000 TO PR3D AND ADOPTING THE PR3D ZONING FOR 406 BASELINE ROAD (APN NO. 8666-009- 033) IN THE CITY OF LA VERNE AND FINDING THE ORDINANCE TO BE
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."
DISCUSSION
Since the year 2000, municipalities have been precluded from extending utility services beyond their established jurisdictional boundaries . Consequently , for the prospective development of a residential dwelling on the subject property in the foreseeable future, the applicant must procure water services from the City of La Verne. The only method by which the City can facilitate this provision of water service to the property entails the annexation of the parcel into the City of La Verne. Therefore , the applicant has formally submitted an application for annexation and pre-zone considerations. If approved by the City Council, the subsequent step in this process entails the submission of an application to the Local Agency Formation Commission (LAFCO} for its comprehensive review and evaluation . The Ordinance was previously introduced by title only, with further reading waived.
FISCAL ANALYSIS
N/A
City Council Packet - February 18, 2025
Adoption of Ordinance No. 1120, Pre-Annexation Zone Change October 16, 2023
ENVIRONMENTAL ANALYSIS
The City Council on October 2, 2023, made the determination that Ordinance No. 1120 is in accordance with the California Environmental Quality Act and the La Verne Environmental Guidelines, staff is recommending a Categorical Exemption per section 15319(b): Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures and 15303(a): One single-family residence, or a second dwelling unit in a residential zone.
In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. The proposed annexation and zoning will only allow for the future construction of a single-family home.
LEGAL REVIEW
This agenda report and Ordinance No. 1120 were reviewed and approved by the City Attorney.
ATTACHMENTS
Ordinance No. 1120
City Council Packet - February 18, 2025
Placed on first reading on 10/02/23
regular meeting of the
La Verne City Council.
City of La Verne, City Council
Agenda Report
DATE: October 2, 2023
TO: Honorable Mayor and City Council
FROM: Eric Scherer, Community Development Director
SUBJECT: CASE NUMBERS 74-23ANX AND 93-23ZC - 406 BASELINE ROAD -
ANNEXATION FROM COUNTY OF LOS ANGELES INTO LA VERNE
AND ZONE CHANGE TO ESTABLISH PRE-ZONING DESIGNATION
SUMMARY
The applicant, Deborah Chavez, is proposing to annex 406 Baseline Road (APN No. 8666-009-033), a 15,096 square foot parcel, from the County of Los Angeles into the City of La Verne. A Pre-Annexation Zone Change is proposed to establish the zoning designation for the site that is currently within unincorporated Los Angeles County.
RECOMMENDATION
It is recommended that the City Council:
1. Approve Case Nos. 74-23ANX and 93-3ZC with a Categorical Exemption from the California Environmental Quality Act, together with a subsequent Local Agency Formation Commission (LAFCO) approval of annexation of this property into the City of La Verne.
2. Adopt Resolution No. 23-68, approving the annexation of the property to the City of La Verne from unincorporated Los Angeles County.
3. Adopt Ordinance No. 1120, to establish a pre-zoning designation of PR3D.
DISCUSSION
Since the year 2000, municipalities have been precluded from extending utility services beyond their established jurisdictional boundaries. Consequently, for the prospective development of a residential dwelling on the subject property in the foreseeable future, the applicant must procure water services from the City of La Verne. The only method by which the City can facilitate this provision of water service to the property entails the annexation of the parcel into the City of La Verne. Therefore, the applicant has formally submitted an application for annexation and pre-zone considerations. Following potential approval by the City Council, the subsequent step in this process entails the submission of an application to the Local Agency Formation Commission (LAFCO) for its comprehensive review and evaluation.
The vacant, rectangular-shaped site, encompassing an area of 15,096 square feet, is along the southern perimeter of Baseline Road. The site is predominantly level and is undeveloped.
Approved on 10/16/23 at the
regular meeting of the
La Verne City Council.
City Council Packet - February 18, 2025
406 Baseline Road Annexation
October 2, 2023
The site is within the La Verne Sphere of Influence (as delineated in Study VII Area 2 (B), established on November 28, 1973. A "Sphere of influence" means a plan for the probable physical boundaries and service area of a local agency, as determined by the LAFCO.
The site is surrounded by single-family residences on all sides. Importantly, the subject property is presently within the jurisdiction of the County of Los Angeles, characterized by a zoning classification of A-1-15000. Although the property is in the county, the property is already designated in the La Verne General Plan as being for Low-Density Residential use (0-5 units per acre).
Annexation (7 4-23ANX)
The proposed project would annex approximately 15,096 square feet of undeveloped land from unincorporated Los Angeles County into the City of La Verne and allow for the future development of a single-family home and associated infrastructure. The future home would require City of La Verne utilities (sewer and water), therefore , the site is proposed to be annexed into the City of La Verne's corporate boundaries . The annexation process would officially begin with the Los Angeles Formation Commission (LAFCO) once the project and environmental determination is approved by the City Council.
Pre-Annexation Zone Change (93-23ZC)
The property has a current Los Angeles County zoning designation of A-1-15000 . Once annexed into the City of La Verne, the property is proposed to be zoned PR3D - Planned Residential 3 Dwelling Units per Acre Detached. This zoning is consistent with the zoning of adjacent and nearby properties that are within the City limits.
A future project of a single-family home would be consistent with the intent of the zoning and the density standards contained in PR3D zoning. The proposed PR3D zone complies with and implements the General Plan designation for this area; the PR3D zone establishes standards for an orderly and harmonious development of planned residential units; the PR3D zone is compatible development between uses; and the PR3D zone implements developmental standards based on the suitability of the site.
Compatibility with Surrounding Uses
The proposed land use and zoning designations are compatible with the surrounding land uses. The City of La Verne properties to the east, west, and south are zoned PR3D.
Across the street, north of Baseline Road are single-family homes in unincorporated Los Angeles County. The future single-family home would be compatible to the PR3D zone as it would be similar to existing developed properties.
Planning Commission Determination
A Notice of public hearing was published in the Daily Bulletin and mailed out to properties within 300 feet on August 31 , 2023, for a Planning Commission hearing on September 13, 2023. At the hearing, after public testimony, the Planning Commission approved recommending the project for approval to the City Council as well as for a Categorical Exemption under CEQA.
City Council Packet - February 18, 2025
406 Baseline Road Annexation
October 2, 2023
Public Noticing
A notice of this public hearing was published in the Daily Bulletin on September 19, 2023.
The notice was also posted on the City's website, displayed on the Council Chambers bulletin board, and mailed out to property owners within 300 feet of the subject property on August 31 , 2023.
FISCAL ANALYSIS
The annexation of this parcel will provide nominal additional property tax for the City and, as development occurs, the City will receive the associated development permits, applicable fees, and additional property tax for property improvements. Impacts to existing City services are anticipated to be minor due to the limited size of the parcel requesting annexation.
ENVIRONMENTAL ANALYSIS
In accordance with the California Environmental Quality Act and the La Verne Environmental Guidelines, staff is recommending a Categorical Exemption per section 15319(b): Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures and 15303(a): One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. The proposed annexation and zoning will only allow for the future construction of a single-family home.
LEGAL REVIEW
The City Attorney has approved the ordinance and resolution as to form.
Attachments :
1. Resolution No. 23-68 for Annexation
2. Ordinance No. 1120 for Pre-Zoning Designation
3. Planning Commission Resolution No. 1113
City Council Packet - February 18, 2025
RESOLUTION NO. 1311
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA VERNE,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF CASE NO. 74-23ANX - ANNEXATION OF 406 BASELINE ROAD, APN# 8666-009-033, (15,096 SQUARE FEET) INTO THE CITY OF LA VERNE AND 93-23ZC - A PRE-ANNEXATION ZONE CHANGE FROM THE COUNTY DESIGNATION OF A-1-15000 TO PR3D, (PLANNED RESIDENTIAL DEVELOPMENT - 3 UNITS/ACRE), AND RECOMMENDING APPROVAL OF CATEGORICAL EXCEPTION FOR THE PROJECT.
WHEREAS, the applicant, Deborah Chavez, filed an application proposing to annex a 15,096 square foot parcel into the City of La Verne and a Zone Change to establish land use and zoning designations for the site located at 406 Baseline Road (the "Property"), which is at the south side of Baseline Road and west of Dawn Avenue; and WHEREAS, Sections 18.70.060, 18.112 and 16.16.115 of the La Verne Municipal Code authorize the Planning Commission to recommend approval to the City Council for annexations and zone change; and
WHEREAS, a notice of public hearing was published in the Inland Valley Daily Bulletin on August 31, 2023, and mailed to all owners of property within 300 feet of the subject property on August 31, 2023; and
WHEREAS, in accordance with the California Environmental Quality Act and the La Verne Environmental Guidelines, the Planning Commission recommends the City Council adoption of a Categorical Exception for the project per section 15319(b):
Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures and 15303(a): One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. The proposed annexation and zoning will only allow for the future construction of a single-family home; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing and considered public testimony on September 13, 2023, in accordance with the provisions of the La Verne Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Verne as follows:
Section 1. In connection with Annexation 59-19, the Planning Commission of the City of La Verne HEREBY FINDS AND DETERMINES as follows:
1. The proposed annexation shall be consistent with all applicable goals, policies and implementation measures of the city General Plan and any applicable specific plans.
City Council Packet - February 18, 2025
Resolution No. 1311
The proposed annexation is consistent with all applicable goals, policies and implementation measures of the city's General Plan as is detailed in the staff report for this project. In particular, the proposed zoning for the property will be the same as the surrounding uses.
2. The proposed annexation shall conform to the terms of any memorandum of understanding or other agreement adopted by the City Council applicable to the proposed annexed territory.
There is no MOU or other agreement applicable to the proposed annexed territory.
Further, the annexation will allow a quality development and compliance with all applicable zoning standards.
3. The application for the proposed annexation shall contain an analysis that demonstrates to the satisfaction of the Community Development Director and the finance officer the costs and revenues that will result from the proposed annexation and, if applicable, any subsequent development of the annexed property. The annexation shall not imperil the city's long-term ability to finance, maintain and operate public facilities.
Due to the small size of the parcel, the annexation would not have any significant impact on the city's finances and therefore will not imperil the city's long-term ability to finance, maintain and operate public facilities related to the development of this site.
4. The application for the proposed annexation shall contain evidence that demonstrates to the satisfaction of the Director of Public Works and the Community Development Director that public services and utilities, including sewer and water service, can and shall be extended to serve the proposed annexed territory.
Public services including sewer, water, and utilities are available to the proposed annexation area and project.
5. The application for the proposed annexation shall demonstrate to the satisfaction of the Community Development Director that an assessment district shall be established at an appropriate time to pay for lighting, landscape maintenance and other capital improvements and on-going maintenance, if such a district is necessary according to the consensus of the finance director, the Community Development Director and the Director of Public Works.
It has been determined that due to the size of the proposed development, an assessment district is not necessary for improvements related to the development of this site.
2 City Council Packet - February 18, 2025
Resolution No. 1311
6. The area to be annexed shall be within the city's sphere of influence.
The area to be annexed is immediately adjacent to the City of La Verne and therefore is within the city's established sphere of influence (SOI) (SOI Study VII Area 2 (B), Est. 11/28ll3).
7. In the case of county "islands," the applicant(s) shall demonstrate to the satisfaction of the Community Development Director that annexation shall not negatively impact existing services or adjacent land.
Annexation of this parcel into the City of La Verne would not create an "island" nor is it currently an island as the parcel is contiguous to the City of La Verne boundaries.
Section 2. In connection with the pre-annexation zoning Case No. 93-23, the Planning Commission of the City of La Verne HEREBY FINDS AND DETERMINES Case No. 93- 23ZC satisfies the requirements of California Government Code Section 65800 et seq. relating to zoning regulations and the requirements of Chapter 18.112 of the La Verne Municipal Code relating to changes and amendments in that:
1. The City has complied with all procedural requirements in the adoption of the Zone Change, including all required noticed, and public hearings. Procedural requirements, including noticing and publishing of the Planning Commission hearing date and time, have occurred in compliance with Zoning Code requirements.
2. The proposed density of 3 units per acre is consistent with the General Plan land use designation of Low Density Residential.
3. The pre-annexation zoning is consistent with Land Use Element Policy and implementation measures. These policies and measures encourage the evaluation of environmental fiscal/service impact analysis, and development standards while also ensuring compatibility with adjacent residential uses. Additionally, the Zone Change is consistent with the immediately adjacent properties which are developed with single family residences.
4. The pre-annexation zoning will enable the construction of one home in furtherance of the goals and policies of the City's Housing Element as well as in satisfaction of the City's RHNA Obligations.
5. Zoning is consistent with all elements of the General Plan including land use, housing, and community design.
6. For the reasons set forth above, the proposed pre-annexation zoning serves the public necessity, convenience, and general welfare by creating development 3 City Council Packet - February 18, 2025
Resolution No. 1311
standards and regulations that will ensure that project will bring high-quality housing to the La Verne community and allow the property to be developed with a single-family home similar to other single-family homes in the area.
Section 3. The Planning Commission of the City of La Verne HEREBY RECOMMENDS APPROVAL of the project to the City Council for Case Nos. 74-23ANX and 93-23ZC.
Section 4. The Planning Commission HEREBY RECOMMENDS APPROVAL to the City Council of the Categorical Exception for the project in accordance with the California Environmental Quality Act and the La Verne Environmental Guidelines.
Section 5. The Chairperson shall sign and the Secretary shall attest to the adoption of Resolution No. 1311.
APPROVED AND ADOPTED this 13th day of September, 2023, by the Planning Commission at La Verne, California.
ATTEST:
Secretary, i§Janning Commission
Exhibit A - Annexation Area
Exhibit B - Current Los Angeles County Zoning Designation Exhibit C - Proposed La Verne Zoning Designation
4 City Council Packet - February 18, 2025
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Current Los Angeles County Zoning Designation
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City Council Packet - February 18, 2025