Los Alamitos City Council
November 18, 2024

SPC24-21
SECTION F – Page 21

SPECIAL PROVISIONS
concrete work shall be performed and no additional cost to the Agency (City).

Concrete sidewalk shall be a minimum 4” thick over native soil compacted to a minimum of 95 % relative compaction.

Actual limit of concrete removal shall extend to nearest score mark or joint, if nearest score mark or joint is within 30” limit of removal. Residual from any saw-cutting shall be removed by vacuum. The downstream drain inlet shall be protected. In no case shall the residual be allowed to enter the storm drain system.

Sawcutting shall be accomplished by the use of a power driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete sidewalk is constructed. The exact location of sidewalk removal shall be approved by the City Engineer in the field.

Generally, sawcuts shall be on existing joints or score mark.

All necessary sawcutting of existing concrete sidewalks shall be to the lines as required by the City Engineer. Sawcutting shall be included in the unit price and no further compensation shall be made.

It is Contractor’s responsibility to protect all existing adjacent features such as landscaping, irrigation system, property’s fence/wall/gates, curb and gutter, pull boxes, utility boxes, and etc. in place per Section 400. All damages to these items shall be fixed to the satisfaction of City Engineer without any additional compensation.

Concrete sidewalk shall be constructed to the line, grades and designs shown on the plans or as ordered by the City Engineer. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

Unless otherwise specified, soil in subgrade for curb and gutter shall be compacted to a relative compaction of ninety-five (95) percent in the top six (6) inches of subgrade.

Detectable warning surface (truncated domes) for curb ramps shall be Cast-inPlace System per Armor Tile Part No. ADA-C-3648 or approved equal, unless otherwise noted. Color shall be yellow.

Payment of detectable warning surface for new ramps shall be included in the unit price bid for removal and construction of new curb ramps per SPPWC STD Plan 111-5.
303-5.1.2 Drainage Outlets Through Curb.

Replace the second paragraph with the following:

Prior to removal of concrete curb and gutter, Contractor shall identify all curb

SPC24-21
SECTION F – Page 22

SPECIAL PROVISIONS
drains that will be disturbed by the removal and construction of curb and gutter and shall provide locations and quantity of curb drains to the City inspector.

Approximate locations of impacted curb drains are shown on the plans but do not represent locations of all impacted curb drains. Contractor is responsible to replace all impacted curb drains, whether shown or not shown on plans. Any curb and gutter that is poured without prior approval from the City inspector may be subject to removal and replacement at the Contractor’s expense and no additional compensation will be allowed.
303-5.9 Measurement and Payment.

Add the following:

Payment for Remove and Construct Curb Ramp per SPPWC STD Plan 111- 5 (Case and Type per Plan) shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, cast-in-place truncated domes, equipment, saw cutting, hauling, disposing, curb, gutter, and incidentals for the removal of existing surface and construction of curb ramps per SPPWC STD Plan 111-5 and no additional compensation will be made therefor.

Payment for Remove and Construct Curb and Gutter per SPPWC STD Plan 120-3, Type A2-6 shall be paid at the contract price per linear foot (LF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, restoring landscape and irrigation, and incidentals, for the removal of existing curb and gutter and construction of curb and gutter per SPPWC STD Plan 120-3 and no additional compensation will be made therefor.

Payment for Remove and Construct 4-inch Thick PCC Sidewalk per SPPWC STD Plan 113-2 shall be paid at the contract price per square foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, restoring landscape and irrigation, and incidentals for the removal of existing surface and construction of 4-inch thick PCC sidewalk per SPPWC STD Plan No. 113-2 and no additional compensation will be made therefor.

Payment for Remove and Construct Cross/ Longitudinal Gutter and/or spandrel per SPPWC STD Plan 122-3 shall be paid at the contract price per square foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, restoring landscape and irrigation, and incidentals for the removal of existing surface and construction of cross/longitudinal gutter per SPPWC STD Plan No. 122-3 and no additional compensation will be made therefor.

Payment for Remove and Construct Curb Drain per SPPWC STD Plan 150-

4. Match Existing Case, Slope, N And Material. Connect To Existing Drain Behind Curb Face And/Or Back Of Walk shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, sidewalk replacement, saw cutting, hauling, disposing, and incidentals for the removal of existing curb drain and construction of curb drain in-kind per SPPWC STD Plan 150-4 and no additional compensation will be made therefor.

SPC24-21
SECTION F – Page 23

SPECIAL PROVISIONS
Payment for Install Surface Applied Truncated Domes Per SPPWC STD Plan 111-5 shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, saw cutting, disposing and incidentals for the installation of surface applied truncated domes per SPPWC STD Plan 111-5 and no additional compensation will be made therefor.

SPC24-21
SECTION F – Page 24

SPECIAL PROVISIONS
PART 4 – EXISTING IMPROVEMENTS
400 PROTECTION AND RESTORATION
401-1 GENERAL
Replace the second paragraph with the following:

The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, structures, survey monuments, landscaping, etc.) that are damaged or removed as a result of the Contractor’s operations or as required by the plans and specifications.

All existing improvements, either within the right-of-way or not, including irrigation lines that are damaged by actions of the Contractor, shall be restored by the Contractor to their original or better condition at the Contractor’s expense.

The Contractor shall mark, as approved by the Engineer, all survey monuments, manholes, valves, substructures, or other items that are visible on the surface and will be covered by his operations. This shall be completed prior to the start of that operation and approved by the Engineer.

Existing traffic striping, pavement markings, and curb markings shall also be considered as existing improvements and the Contractor shall repaint or replace, at the Contractor’s expense, such striping or markings (except for traffic striping and pavement markings within the limits of the Work) if damaged or if their reflectivity is reduced due to construction operations. 400-3 PAYMENT
Replace the last sentence of the first paragraph with the following:

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.

SECTION 401 – REMOVAL
401-2 ASPHALT CONCRETE PAVEMENT
Add the following:

Bituminous pavement shall be removed to neatly sawed edges. Saw cuts shall be to a minimum depth of 3 inches. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be approved by the Engineer, and a minimum laying depth of 1 inch of new pavement material shall be provided at the join line. Where bituminous pavement adjoins a trench, the edges adjacent to the trench shall be saw cut to neat straight lines before resurfacing to ensure that all areas to be resurfaced are accessible to the rollers used to compact the subgrade or paving materials.

Bituminous pavement on curb and gutter, sidewalk or drive approaches shall be removed by heating with a torch to soften the pavement without creating smoke. Softening shall be performed until the bituminous material can be easily scraped away down to the underlying PCC surface. The blade used for scraping shall be maintained straight along its edge and clean.

Bituminous material shall be scraped in this manner until it is completely removed.

SPC24-21
SECTION F – Page 25

SPECIAL PROVISIONS
401-3 CONCRETE AND MASONRY IMPROVEMENTS.
401-3.1 Concrete Pavement.

Replace this subsection with the following:

Concrete pavement shall be removed to neatly sawed edges. Saw cuts shall be made to a minimum depth of 3 inches. If a saw cut in concrete pavement falls within 3 feet of a construction joint, cold joint, expansion joint or edge, the concrete shall be removed to the joint or edge. The edges of existing concrete pavement adjacent to trenches, where damaged subsequent to saw cutting of the pavement, shall again be saw cut to neat straight lines for the purpose of removing the damaged pavement areas.
401-3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveway, and Alley Intersections.

Replace this subsection with the following:

Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1½- inches. Concrete sidewalk, or driveway to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. No section to be replaced shall be smaller than 30 inches in either length or width. If the saw cut in sidewalk, access ramp, or driveway would fall within 30 inches of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within 12 inches of a score mark, the saw cut shall be made in and along the score mark. Curb and gutter shall be sawed to a depth of 1½-inches on a neat line at right angles to the curb face. 402 UTILITIES
Add the following Subsections:
402-1.1.1 MANDATORY NOTIFICATION PRIOR TO EXCAVATION
The Contractor’s attention is direct to Section 4215.5 through 4217 of the Government Code of the State of California. This requires that two (2) working days prior to commencing any excavation “Underground Service Alert of Southern California” (USA) shall be notified by phone, toll free 1-800-227-2600, for the assignment of an Inquiry Identification Number.

Construction Contractor shall contact all utility companies (e.g. gas company, electric company, telephone company, cable company, water company, and refuse collectors) at least five (5) working days prior to commencing work and shall verify the location of any known utilities and determine whether or not a representative of each company will be present during excavation:

Additionally, the Contractor shall also notify local entities of his/her schedule fourteen (14) days prior to commencing work, including, local law enforcement agencies, the Post Office, Public Schools, and Bus Companies.

No excavation shall commence unless the Contractor has obtained the USA Inquiry Identification Number.
402-1.1.2 ACCURACY OF UTILITIES INFORMATION

SPC24-21
SECTION F – Page 26

SPECIAL PROVISIONS
The locations of known existing major utilities, whether above ground or underground, are indicated on the plans. Information and data reflected in the Contract Documents with respect to underground and above ground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such utilities, and the City does not assume responsibility for the accuracy or completeness thereof. The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary.

The Contractor shall be responsible for determining the location and depth of all underground facilities, including service connections, which may affect or be affected by his/her operations and he/she shall include the cost to pothole all utilities within the limits of work in his/her bid. If an existing utility line, which has been marked by Underground Service Alert or is shown on the plans, is damaged by the Contractor, the Contractor shall repair the line and bear the cost thereof.

Contractor shall be aware that electrical conduits between street and traffic lights may exist beneath pavement and/or sidewalk in areas where such lights are in place and that said conduits are not shown on these plans.

In the event that the Contractor damages any existing utility lines that are not shown, shown incorrectly or the locations of which are not made known to the Contractor prior to excavation, a telephone call and written report shall be made immediately to the Utility owner, the Engineer, and to the City. If directed by the City, the Contractor shall make repairs under the provisions for changes and extra work contained in SECTION 3 – CONTROL OF THE WORK of the SSPWC Standard Specification.
402-2 PROTECTION
Delete the following text from the last sentence of the fourth paragraph of Section 402-2:
“if located in accordance with 402-1”.
402-4 RELOCATION
Replace the second sentence of the fourth paragraph with the following:

When not otherwise required by the plans and specifications and when directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between the meter and limits of construction. 402-5 DELAYS DUE TO UTILITY CONFLICTS
Delete the last paragraph of this section.
403 MANHOLE ADJUSTMENT AND RECONSTRUCTION
403-1 GENERAL
Add the following Subsections:
403-1.1 Adjustment of Los Angeles County Flood Control District Manhole Frame and Cover Sets to Grade.

Adjustments to grade of Los Angeles County Flood Control District Manhole

SPC24-21
SECTION F – Page 27

SPECIAL PROVISIONS
Frame and Cover sets do not require a District permit. However, the Contractor shall notify the Inspection Department at (818) 458-3129, 24 hours in advance of any work in the area of the manhole.
403-1.2 Adjustment of Water Valve Box Frame and Cover.

Water valve box frame and cover within the area to be paved or graded shall be set to finish grade with a concrete collar by the Contractor as required by the Plans and Specifications. In the case of portland cement concrete pavement, water valve box frame and cover shall be set to finish grade by the Contractor before paving.
403-3 MANHOLES IN ASPHALT CONCRETE PAVEMENT
Add the following:

Pavement patch material around all frame and covers shall conform to the finish pavement layer specifications; PG 64-16 ARHM GG-C.
403-5 PAYMENT
Add the following:

Payment for protection of existing surface utilities shall be included in other items of work and no additional payment will be made therefore, unless separate bid item is provided
Payment for Adjust Manhole to Grade shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for Adjust Manhole Frame and Cover to Grade and no additional compensation will be made therefor.

Payment for Adjust Water Valve to Grade shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for Adjust Water Valve to Grade and no additional compensation will be made therefor.

SECTION 404 – COLD MILLING
404-2 MILLING MACHINES
Add the following
Milling depth shall be measured 3/8-inch above edge of gutter. 404-2.2 Milling to a Specified Elevation.

Add the following:

SPC24-21
SECTION F – Page 28

SPECIAL PROVISIONS
b) The straight edge grade along the edge of the cold plane area shall not deviate more than ¼-inch below nor 1/8-inch above the grade specified in the Plans or Specifications. 404-7 WORK SITE MAINTENANCE
Add the following:

Cold milling will not be considered complete until all loosened material is removed from the project site. Paving shall not commence until the day after cold milling is complete.

Cold milled streets shall be approved by the Engineer as completed for cold milling prior to paving. Sweepers used for cold mill sweeping shall not enter on the streets approved as completed for cold milling.
404-11 PAYMENT
Add the following:

Payment for Cold Mill Existing Pavement 2-Inch Uniform Depth shall be paid at the contract price per square foot (SF) and include full compensation for all labor, materials, tools, equipment, and incidentals required to Cold Mill Existing Asphalt Concrete Pavement. This bid item will shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, transportation, hauling, disposal, and other incidentals for doing all work, complete, and in place, involved in cold milling as indicated in the contract documents, and no additional compensation will be allowed therefor.

SPC24-21
SECTION F – Page 29

SPECIAL PROVISIONS
PART 6 – TEMPORARY TRAFFIC CONTROL
600 ACCESS
600-1 General
Add the following:

The Contractor will be required to maintain at least one lane of traffic in each direction through the project area at all times in a manner satisfactory to the Engineer in the form of an engineered traffic control plan. The engineered traffic control plans must be signed by a California registered civil and/or traffic engineer. The plan is a required submittal for review at the pre-construction meeting.

All traffic control on the project shall be implemented by a sub-contractor who specializes in Traffic Control and is approved by the City Engineer.

All drop-offs on the pavement over 1 inch in height that are perpendicular to the direction of traffic, including driveway approach, and will remain overnight shall be ramped with temporary AC pavement. The cost to construct temporary AC pavement shall be included in price paid for other items of work, and no additional payment thereof.

All open trenches shall be covered with non-skid steel plates or temporary asphalt pavement before and after work hours, unless otherwise directed by the Engineer.

Add the following Subsection:
600-1.1 Parking Restrictions and Posting for Tow Away
No Parking signs, posted by the Contractor, shall be of heavy card stock and not less than 1.75 square feet of surface area on the face. Background color shall be white and letters shall be printed in red water resistant ink except day, date, and time of restriction may be printed in black water resistant ink. The signs shall be printed with the words “Tow Away” and “No Parking” with a character height of not less than 2.75 inches and a stroke width of not less than

0.5 inches. The day, dated, and time of the particular restriction shall be printed or attached below the above mentioned wording in characters of not less than 2.0 inches in height and 0.4 inches in stroke width. The day of the week shall be written out or properly abbreviated with three to four letters; date or dates or restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign.

Signs shall be mounted such that the wording “No Parking” are at an elevation at least three feet above the adjacent flowline. Signs may be tied with string to trees and power poles, taped to existing sign poles, or mounted to stakes or barricades as provided by the Contractor. The signs shall be placed as needed to control the parking of cars within the construction zone; signs shall be placed at intervals of 75 feet or less along each side of the roadway.

Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to the restrictions becoming effective. The Contractor may only post parking restrictions that are effective for the duration of the Work. Upon completion of the Work, the Contractor shall promptly and completely remove and dispose all signs, stakes, and barricades. The Contractor shall promptly reset or replace all damaged or defective signs.

SPC24-21
SECTION F – Page 30

SPECIAL PROVISIONS
The Contractor shall be fully responsible for the adequate removal of all parked cars. The Contractor shall coordinate the removal of all vehicles with the Sheriff Department. The Contractor shall notify the Sheriff Communications Center upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the Contractor shall notify the Sheriff Communications Center not less than two hours prior to the needed removal, stating the address nearest the parked vehicle, make, model, color and license number. The City shall not be responsible for any delay or additional costs associated with the removal of parked cars that obstruct the construction operation.

If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.

DEVIATIONS FROM THE REQUIREMENTS OF THIS SUBSECTION WILL BE PERMITTED ONLY ON PRIOR CONSENT OF THE ENGINEER. FAILURE OF THE

CONTRACTOR TO ADHERE TO THE REQUIREMENTS OF THIS SUBSECTION, OR

FAILURE OF THE CONTRACTOR TO COMPLETE HIS DAILY SCHEDULE ONCE “TEMPORARY NO PARKING” SIGNS HAVE BEEN POSTED, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE CITY. SUCH DAMAGES ARE, AND WILL

CONTINUE TO BE, IMPRACTICABLE AND EXTREMELY DIFFICULT TO DETERMINE. FOR EACH OCCURRENCE OF A VIOLATION, AS PROVIDED HEREIN,

THE CONTRACTOR SHALL PAY TO THE AGENCY, OR HAVE WITHHELD FROM MONIES DUE TO IT, THE SUM OF $1,000.00.

EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000.00 PER VIOLATION IS THE MINIMUM

VALUE OF THE COST AND ACTUAL DAMAGE CAUSED, THAT SUCH SUM SHALL

NOT BE CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR.
600-1.2 STREET CLOSURE, DETOURS, BARRICADES
Add the following:

All traffic control barricades, signs and devices used by the Contractor shall, as a minimum, conform to the “Manual of Traffic Controls for Construction and Maintenance Work Zones,” adopted by and in current use by the State of California, Department of Transportation.

Channelization devices shall be spaced no greater than fifty (50) feet apart. The Contractor shall take additional precautions as he/she may find necessary under the circumstances.

Should the Contractor fail to provide adequate traffic control or safety barricades, and in the event a responsible individual cannot be located or refuses to perform, the Agency will at its option place needed devices or engage a private firm to place and maintain said barricades, which will be charged to the Contractor directly.

Temporary traffic channelization shall be accomplished with delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finished pavement surfaces which are to remain.

Full street closures will not be allowed prior to City Council approval.

SPC24-21
SECTION F – Page 31

SPECIAL PROVISIONS
601-1.3 Measurement and Payment.

Measurement and Payment for Implement Traffic Control shall be Not to Exceed (NTE) $10,000 Ten thousand Dollars as listed in the bid schedule and shall be considered full compensation and include but not limited to furnishing all labor, tools, material, equipment, signage, TTC zone devices, channelizing devices, changeable message sign, and incidentals for doing all work involved in preparing traffic control plans and implementing traffic control, and no additional compensation will be allowed therefore.

SPC24-21
SECTION G – Page 1

SPECIAL PROVISIONS

SECTION G

CDBG STREET IMPROVEMENTS ON MAPLE STREET
SPECIFICATION NO. CIP 24/25-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

SPECIAL PROVISIONS

SIGNING, STRIPING, AND PAVEMENT MARKERS
All equipment, materials, and components for signing and striping, and the installation thereof, shall conform to the 2023 Caltrans Standard Plans, and Standard Specifications, Section 81, “Miscellaneous Traffic Control Devices,” Section 82 “Signs and Markers”, and Section 84, "Markings", unless otherwise noted in these Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from Caltrans, District 12 office at 7150 e 4 TH St #100, Santa Ana, California 92705 or from
Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520.

All materials required for the completion of work as shown on the Plans shall be provided by the Contractor.

SECTION 81 - MISCELLANEOUS TRAFFIC CONTROL DEVICES
81-3 PAVEMENT MARKERS
81-3.02 Materials.
81-3.02E Epoxy Adhesive. Adhesive for raised pavement markers shall be rapid set type epoxy.

Removal of pavement markers shall be per Section 81-8.03B, "Remove Pavement Markers," of the State Standard Specifications.
81-3.04 Payment. Payment for pavement markers shall be included in the lump-sum price bid for signing and striping, and no additional compensation will be allowed therefor.

SECTION 82 – SIGNS AND MARKERS
82-3 ROADSIDE SIGNS
82-3.03 Construction. Relocated signs shall be installed using existing posts at new locations and shall be set at a minimum 30-inch depth and at a minimum 12-inch square portland cement concrete (PCC). The post depth of the concrete footing shall be sufficient to extend at least 6-

SPC24-21
SECTION G – Page 2

SPECIAL PROVISIONS
inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk.

New signs shall be installed using metal posts set at a minimum of 30-inch depth in a minimum 12-inch square PCC, except as specified otherwise, the metal post shall be 2-inch square “Qwik Punch” posts. The length of the metal post shall be sufficient to extend from the top of the sign to 30-inches below the top of the concrete footing and provide a 7-foot clearance between the finished grade and the bottom of the sign. The depth of the concrete footings shall be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk.

Drill holes for bolts, threaded rods, or expansion anchorage devices drilled in existing concrete by a method that will not shatter the concrete adjacent to the holes.

Repair any spalling or chipping of concrete structures at contractor’s expense.

Marker and delineators shall conform to the provision in Section 81, "Miscellaneous Traffic Control Devices."
82-3.04 Payment. Payment for signing shall be included in the lump sum price bid for signing and striping, and no additional compensation will be allowed therefor.

SECTION 84 - MARKINGS
84-2 TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-2.02 Materials.
84-2.02A General. Traffic stripes, pavement markings, crosswalks, and arrow markings shall be thermoplastic. Curb markings shall be paint, two (2) coats. Contractor shall repaint all curb markings within the project limits.
84-2.02C Paint. Curb markings shall be paint. Paint shall be ready-mixed rapid dry type.

Ready-mixed paints shall be suitable for use on either asphalt concrete or Portland cement concrete.
84-2.02E Thermoplastic Traffic Stripes and Pavement Markings shall be thermoplastic including glass beads for striping, crosswalks and pavement markings. 84-2.03 Construction.
84-2.03A General. The Contractor shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer.

SPC24-21
SECTION G – Page 3

SPECIAL PROVISIONS
The Contractor shall establish all traffic striping between these points by stringline or other method to provide striping that will vary less than ½-inch in 50-feet from the specified alignment.

When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application.

Traffic lines may be spotted by using a rope as a guide for marking spots every 5-feet, by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the Engineer.

The Contractor shall mark or otherwise delineate the traffic lanes in the new roadway or portion of roadway, or detour before opening it to traffic.

The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the paint.

Spotting shall be completed prior to the removal of any existing stripes. Existing stripes and markings shall be removed prior to painting new stripes and markings, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays.

The installation of traffic stripes includes placement of raised pavement markers when called for on the plans.

Adhesive for raised pavement markers shall be per Section 81, “Pavement Markers.” Existing traffic stripes (including raised pavement markers), pavement legends, and markings that do not conform to the plans shall be removed by grinding method per Section 81-8.03B, “Remove Pavement Markers,” and Section 84-9.03B, "Remove Traffic Stripes and Pavement Markings" of the State Standard Specifications. 84-2.04 Payment. Payment for striping details, pavement markings, and curb markings shall be included in the lump sum price bid for signing and striping, and no additional compensation will be allowed.

SPC24-21
APPENDIX – PART 1

STANDARD PLANS
APPENDIX – PART 1
Standard Plans

SPC24-21
APPENDIX – PART 1

STANDARD PLANS
APPENDIX – PART 2
Construction Contractor BABA Self-Certification Form
Note: the form below will be required to be submitted
from all participating contractors at the end of the project, along with the section 3 and m/wbe reports

SPC24-21
APPENDIX – PART 1

STANDARD PLANS
Construction Contractor BABA Self-Certification Form
The undersigned acknowledges that the Build America, Buy America Act (BABA) requires that the U.S. Department of Housing and Urban Development will not provide federal financial assistance for “infrastructure” projects “unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States” (Section 70914 of Public Law No. 117-58, §§ 70901-52). The undersigned certifies that for the ______________________ (Project Name and Location) that the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with BABA requirements, including:
• All iron and steel used in the project were produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. • All manufactured products purchased with U.S. Department of Housing and Urban Development financial assistance were produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. • All construction materials were manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

The Contractor or Subcontractor, _______________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor or Subcontractor 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 or Subcontractor’s Authorized Official ____________________________________________________________________ Name and Title of Contractor or Subcontractor’s Authorized Official ____________________
Date

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299
USER: Camryn.Lopez
FILE: W:\WE-CA\los alamitos, city of\113598 - los al 2024-25 cbdg project\900-PS&E\901-plans\PL-TITL.dwg DATE: Nov 04, 2024 - 2:57pm Know what'sbelow.

Callbefore you dig. R

DETAIL A
N.T.S.

INTERSECTION STRIPING DETAIL
CONSTRUCTION NOTES:

LEGEND

TYPICAL SECTION FOR MAPLE ST
DETAIL 1 DETAIL 2
N.T.S. N.T.S.

SLOT PAVEMENT SAWCUT AT SPANDREL OR CROSS GUTTER

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299
USER: Camryn.Lopez
FILE: W:\WE-CA\los alamitos, city of\113598 - los al 2024-25 cbdg project\900-PS&E\901-plans\PL-DETL.dwg DATE: Nov 04, 2024 - 2:57pm Know what'sbelow.

Callbefore you dig.

R

CONSTRUCTION NOTES:

LEGEND
STRIPING CONSTRUCTION NOTES:

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299
USER: Camryn.Lopez
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City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NUMBER: 11G
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Authorize the Purchase and Installation of a Modular Office Building

SUMMARY
This item is for purchasing a modular office directly from the KYA Group through a cooperative purchasing agreement via the California Multiple Award Schedule (CMAS). The purchase and installation of a 6-office modular building will provide offices for employees and contractors.

The purchase of the modular would enable cost savings and assurance that the timeline to provide work areas for employees would be met in a timely manner. The modular building will be located where the former LATV/PW Break Room building was located. The existing electrical, water, and sewer infrastructure will be connected to the modular office building where it will be able to accommodate 6–8 employees.

RECOMMENDATION

1. Authorize the Mayor to use a cooperative purchasing agreement, in a form approved by the City Attorney, for the installation and purchase of a modular building from the KYA Group n the amount of $289,106.00; and,

2. Authorize a contingency of 15% of the bid amount not to exceed $43,365.90.

BACKGROUND
The City's goal is to provide best-in-class service to our community. Each Department has achieved several markers established to meet this goal. In order to continue providing exemplary service to the community, employees need an adequate area to ensure high productivity and provide customer service, and the purchase of the modular building will accomplish this. It is recommended that a cooperative purchasing agreement be utilized for the installation and purchase of the 6-office modular building.

DISCUSSION
Cooperative purchase agreements enable cities to maximize cost savings and staff resources by sharing contracting (piggyback) and purchasing efforts with other government agencies.

Utilizing cooperative purchasing agreements is advantageous to the City because it allows the City to obtain lower pricing through volume purchasing. It is often more cost-effective to eliminate the cost and time spent on these administrative processes and purchase items and services through a cooperative purchasing program. As cooperative agreements reach expiration, they are automatically renewed, allowing government agencies to continue to leverage cost savings. California Multiple Award Schedule (CMAS) is among the leading

national government purchasing cooperatives, providing world-class government procurement resources and solutions to local and state government agencies, school districts (K-12), higher education institutions, and nonprofits looking for the best overall supplier government pricing.

CMAS Partners works with many governmental agencies to offer cooperative purchasing contracts to other governmental agencies to create a more economical means of procuring services and supplies, an ability to pay less for products and services, and reduce the administrative costs of developing contracts.

Under Section 2.60.110 of the Los Alamitos Municipal Code (LAMC), the City’s purchasing ordinance allows the City to “piggyback” off another public agency or government entity that has selected the vendor using competitive bidding procedures substantially the same as or similar to those normally utilized by the City for the acquisition of such materials, supplies, equipment, or services. If such a determination is made, the City Manager or City Council, as applicable, may proceed to purchase the materials, supplies, equipment, or services at a price equivalent to that offered to the acquiring agency.

As a member of CMAS, the City can utilize its service of awarded contracts, including unlimited expert assistance to answer any questions, help connect the City directly to suppliers, and help find solutions that will best suit the City’s needs. CMAS is currently used by several city agencies regionally throughout the state and locally across Orange County.

FISCAL IMPACT
This project would require an allocation of $332,471.90 (bid amount plus 15% contingency) from the General Fund be appropriated into account number 10.544.5260 (Development Services - Facility Contractual Agreement) to fund this project. If approved, the amount would be transferred during the mid-year budget process for FY 2024-25.

Attachment: 1. Quote - Community Center Site - Portable Office Trailer

City of Los Alamitos
Community Center Site - Portable Office Trailer
Scope of Work
• Lease Option $276,465.00
o 36 Month Lease of (1) 24x60 Refurbished Building with (6) total offices and (1) Restroom & (1) Kitchenette
• Includes
o Electrical
▪ Reconnect power to portable office
▪ Run conduit underground (2 in.)
▪ Reconnect 2 panels
▪ 125 AMPS
▪ 60 AMPS
o Plumbing
▪ Tie into existing sanitary sewer located by inspector. ▪ Extend new sewer lateral to trailer points of connections. ▪ Clean outs as needed.
▪ Tie into existing water service down stream of existing water meter. ▪ Using a saddle connection on main line to eliminate down time to existing buildings.
▪ Extend 3⁄4” water service to new portable unit using schedule 80 PVC material. ▪ Hook up water service to trailer at stub left at exterior of unit. ▪ Saw cut driveway from point of connection to cross existing driveway. ▪ Patch back 6” saw cut opening with concrete to finished surface. ▪ After completion flush water line as needed.
** Includes warranty for the entire leasing contract
• Purchase Option $289,106.00
o (1) 24x60 Refurbished Building with (6) total offices with windows and (1) Restroom with VCT Flooring & (1) Kitchenette
• Includes
o Electrical
▪ Reconnect power to portable office
▪ Run conduit underground (2 in.)
▪ Reconnect 2 panels
▪ 125 AMPS
▪ 60 AMPS
o Plumbing
▪ Tie into existing sanitary sewer located by inspector. ▪ Extend new sewer lateral to trailer points of connections. ▪ Clean outs as needed.
▪ Tie into existing water service down stream of existing water meter. ▪ Using a saddle connection on main line to eliminate down time to existing buildings.
▪ Extend 3⁄4” water service to new portable unit using schedule 80 PVC material. ▪ Hook up water service to trailer at stub left at exterior of unit. ▪ Saw cut driveway from point of connection to cross existing driveway. ▪ Patch back 6” saw cut opening with concrete to finished surface. ▪ After completion flush water line as needed.

** Includes 1 year waranty
Disclaimer
• Lot must be level and ready to install HCD/DSA buildings or the bid is subject to additional cost. • Lots must be prepared and be free of debris or subject to additional cost. • Client to ensure daily access to job sites or subject to additional cost (waiting time - labor cost @ prevailing wages).

Excludes the following:
- Irrigation
- Electrical Work not mentioned above
- Concrete Work not mentioned above
- Pavement striping, markings, or bumpers not mentioned above. - Maintenance and maintenance equipment.
- Engineering,surveying, inspection, or permit fees.
- Any Testing for Irrigation, soil, or anything not mentioned. - Removal, disposal, and/or relocation of any obstructions, stockpiles, debris, or excavated materials generated by others.
- Temporary Fencing or permanent fencing
- Traffic/pedestrian control and street sweeping services. - Removal of any hazardous materials
- Any work not specifically listed above
*All work above quoted under standard working hours
*All work above is assuming standard access and does not include maintenance to improve access. **Please be advised: Upon Contract Award, a DIR Project Registration number will be required prior to scheduling.
*Tax Included in total
**Pricing is for budgetary purposes and is subject to change upon a formal proposal.

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NUMBER: 11H
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Bid for the Installation/Upgrade of the City’s Access Control System (RFP No. 2025-02) to Spectrum Security Group, LLC

SUMMARY
This item proposes awarding Spectrum Security Group LLC an agreement to install and/or upgrade the existing access control system at designated City facilities (RFP No. 2025-02).

RECOMMENDATION

1. Award the proposal for RFP No. 2025-02 for the installation/upgrade of the City’s Access Control System Services to Spectrum Security Group LLC for the amount of $114,589.24; and,

2. Authorize the Mayor to execute the Access Control System Services Agreement with Spectrum Security Group, LLC; and,

3. Authorize the City Manager to execute amendments for any unforeseen issues, with the total amount not to exceed thirty-five percent (35%) of the proposal amount or $40,105.

BACKGROUND
Several security measures have been taken recently to enhance the security on the Civic Center campus. These include cameras, pedestrian gates, and panic buttons. The next step is to implement an advanced access control system to minimize security risks, ensure proper personnel verification, and restrict access to sensitive departments and confidential information while allowing public access to designated areas. This project seeks to modernize and upgrade the existing security framework with a modern, reliable, and scalable access control solution to ensure facility operations' safety and efficiency.

The current access control system must be updated as replacement parts and software upgrades are no longer available. The system is limited to the areas surrounding City Hall 1, City Hall 2, the Council Chamber, the Police Department building, and entry/exit vehicle gates to the Public Works Yard. The Public Works Garage, Community Center 1, Community Center 2, and Preschool do not have access control systems.

The City Council approved a request for proposal (RFP) for access control in November 2022, but the award was eventually rejected in 2023. Research and several meetings with vendors provided staff with additional information on cost, supplies, best practices, etc. Therefore, on September 23, 2024, the Council approved the request to release a more comprehensive RFP for an access control system. The public bid opening was made on October 17, 2024.

DISCUSSION
Notices announcing the solicitation of proposals for this project were posted in the local publication on September 25, 2024, and October 2, 2024. RFP 2025-02 was publicly opened on the online portal BidNet, on September 24, 2024. On October 3, 2024, a mandatory site visit was conducted for interested vendors to assess each facility and its current condition before submitting proposals for the access control system. The deadline for submitting proposals was October 17, 2024. From the three (3) proposals received, it was determined that the lowest, most responsible proposal submitted was from Spectrum Security Group LLC, with a total amount of $77,469.20. The results are provided below:
• Spectrum Security Group - $77,469.20
• CRB Security Solutions - $142,247.29
• Am-tec Security - $146,873.70
Spectrum Security Group LLC DBA Los Alamitos Locks is a qualified local vendor with a history of successfully completing various projects for the city. Their proposal includes the installation of access readers, door contacts, and the Genetec Security Center software control system, which supports a wide range of hardware to enhance operational efficiency. Genetec Security Center is highly regarded as one of the few access control systems that fully meet the Criminal Justice Information Services CJIS compliance standards. Additionally, this software has no annual or maintenance subscription fees, as it operates on an on-premises server. The new access control system will be installed in the Council Chamber, City Hall 1, City Hall 2, Police Department, Community Center 1, Community Center 2, Preschool, Public Works, and fleet gates.

The agreement is for a three-year term with the option of two additional one-year extensions.

The total amount for the first year is $77,469.20, which includes hardware, labor for installation, and the software. For Year 2, the cost will increase by 10%, and for Year 3, it will increase by 12%, bringing the total additional cost to $19,168.55. This increase covers licensing renewal and software maintenance. In addition, there will be a $6,000 annual charge for maintenance services. The not-to-exceed amount for this three-year agreement, including all renewals and maintenance, is $114,589.24.

FISCAL IMPACT
Funds for this project have yet to be designated in the adopted Fiscal Year 2024-25 budget.

Staff is requesting that the amount of $154,694.24 (bid amount plus contingency) from the General Fund be appropriated into account No. 10-544-5293 (Development Services Building Maintenance) to fund the project. If approved, the amount would be transferred during the mid-year process for FY 2024-2025.

Attachment: 1. RFP No. 2025-02 Access Control System Services Agreement

2. Spectrum Security Group Proposal

1 ACCESS CONTROL SYSTEM SERVICES AGREEMENT

SPECTRUM SECURITY GROUP LLC
THIS AGREEMENT FOR ACCESS CONTROL SYSTEM SERVICES (“Agreement”) is made and entered into, to be effective this 18th day of November 2024 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and SPECTRUM SECURITY GROUP LLC, a California Limited Liability Company, (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that it requires the services of a qualified contractor to provide access control system services.

B. In response to City’s formal Request for Proposals No. 2025-02 (RFP), dated September 24, 2024, Contractor has submitted to City a written proposal, dated October 16, 2024, to provide the desired access control system services.

D. City desires to engage Contractor to provide such access control system services subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CONTRACTOR

1.1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Access Control System Services Proposal, dated October 16, 2024, attached hereto as Exhibit “A” (“Scope of Services” and/or “Project Services”). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement.

Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.

1.1.1 Contract Documents. This Agreement shall consist of the following: (1) the main body of this Agreement; (2) RFP No. 2025-02, dated September 24, 2024; and (3) Contractor’s Proposal, Exhibit “A”. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest

2 priority document, which shall be determined in the following order of priority: (1st) the main body of this Agreement; (2rd) the RFP, and (3rd) Contractor’s Proposal.

1.2 Compliance with Law. All Project Services shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local governmental agency of competent jurisdiction. Contractor shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Contractor performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to comply with such laws, ordinances, resolutions, statutes, rules or regulations.

1.3 Licenses and Permits. Prior to performing any Project Services, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Project Services. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Project Services, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Project Services to be performed, (b) has carefully considered how the Project Services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.

1.5 Care in Performance of Project Services. Contractor shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components of the Project Services, and shall be responsible for all such damages, to persons or property, until acceptance of the Project Services by the City, except such losses or damages as may be caused by City's own negligence.

1.6 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors, contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.

3 2. COMPENSATION

2.1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed One Hundred Fourteen Thousand Five Hundred Eighty-Nine Dollars and Twenty-Four Cents ($114,589.24).

The maximum payment obligation of the City under this Agreement shall not exceed the amount specified in this section.

2.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. Within thirty (45) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, signed by an individual authorized to formally bind the Party for which he/she is signing, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or, (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Los Alamitos City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

The time for completion of the Project Services to be performed by Contractor is an essential condition of this Agreement.

3.2 Schedule of Performance. Contractor shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Contractor, extensions of the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant any such extension.

4 3.3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (10) calendar days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for an initial term of three (3) years and may thereafter be extended by mutual written agreement of the Parties for up to two additional one (1) year terms.

4. COORDINATION OF PROJECT SERVICES

4.1 Contractor’s Representative. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith: Robert Albert, President/Project Lead. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

4.2 City’s Contract Officer. The City’s Contract Officer shall be such person as may be designated by the City Manager, and is subject to change by the City Manager. It shall be the Contractor's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Project Services without prior written consent of City.

5 If Contractor is permitted by City to subcontract any part of this Agreement, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the performance of Project Services will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City.

Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

4.4.1 The legal relationship between the Parties is that of an independent contractor; nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Project Services subject to the requirements of this Agreement. The personnel performing the Project Services on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.

Contractor, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s officers, employees, or agents or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Project Services and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

4.4.2 Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

4.4.3 No City benefits shall be available to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Project Services. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or

6 governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

4.5.1 In the event that Contractor or any officer, employee, representative, agent, subconsultant or subcontractor of Contractor providing any Project Services claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City against (1) all such claims and determinations, (2) for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its officers, employees, representatives, agents, subconsultants or subcontractors, and (3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its officers, employees, representatives, agents, subconsultants or subcontractors providing any Project Services shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

5. INSURANCE

5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.

5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

5.2.1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000.000.00) in the general aggregate.

7 The policy shall not contain any endorsements or provisions limiting coverage for (1) contractual liability, (2) cross liability exclusion for claims or suits by one insured against another, or (3) contain any other exclusion contrary to the Agreement.

5.2.2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance. Coverage shall be at least as broad as ISO Form CA 00 01 written on a per occurrence basis, covering Code 1 (any auto), or if the Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000.00) for each occurrence covering bodily injury and property damage.

5.2.3 Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall also obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Notwithstanding the foregoing, Contractor shall not be required to procure either Worker’s Compensation Insurance or Employer’s Liability Insurance if Contractor provides written verification to the City that Contractor does not have any employees.

5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI)), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the work or Project Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

5.4 Specific Insurance Provisions and Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

8 5.4.1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:

5.4.1.1 Additional Insured. The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and

5.4.1.1.1 Additional Insured Endorsements. Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.

5.4.1.2 Primary and Non-Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to be primary, and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.

5.4.1.3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

5.4.2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor’s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten (10) calendar days prior written notice. (A statement that notice will be provided "in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)

5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City's sole and absolute discretion.

5.6 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage.

9 5.6.1 Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval.

5.6.2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.

5.6.3 Renewal/Replacement Policies. At least fifteen (15) calendar days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) calendar days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies meeting all requirements of this Agreement.

5.7 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

5.8 Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.

5.9 Insurance for Subconsultants. Contractor shall either: (1) include all subconsultants or subcontractors engaged in the performance of Project Services on behalf of Contractor as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. Contractor shall not allow any subconsultant or subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.

5.10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor and its subconsultants and subcontractors, if any, pursuant to this Agreement:

5.10.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of

10 the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.

5.10.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

5.10.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.

5.10.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

5.10.5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the provision of Project Services will be submitted to the City for review.

5.10.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or Project Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.

6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and

11 attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, and only to the extent that the Project Services performed by Contractor are subject to California Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims are caused by the sole negligence or willful misconduct of that indemnified party.

The Contractor’s indemnification obligation shall survive termination of this Agreement.

7. REPORTS AND RECORDS

7.1 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Project Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7.4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of Project Services shall

12 not be released publicly without the prior written approval of the Contract Officer.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waiver or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.3 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8.4 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty (30) calendar days written notice to Contractor, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate.

Upon receipt of the notice of termination, Contractor shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Project Services rendered prior to receipt of the notice of termination and for any Project Services authorized by the Contract Officer thereafter.

8.6 Termination for Default of Contractor.

8.6.1 Contractor’s failure to comply with any provision of this Agreement shall constitute a default.

8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten (10)

13 calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.5.

8.6.3 If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.6.2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Contractor for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Project Services as provided herein.

8.7 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) calendar days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. For purposes of this section, "Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney(s) handling the dispute on behalf of the prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250.00) per hour.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and

14 employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry.

10. MISCELLANEOUS PROVISIONS

10.1 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally during normal hours of operation of the Party receiving the notice, or sent by pre-paid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two (2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE – SPECTRUM SECURITY GROUP LLC.

To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.

Los Alamitos, CA 90720
[email protected]
With copy to:

Michael S. Daudt, City Attorney
Woodruff & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Contractor: Robert Albert, President
10804 Los Alamitos Blvd.

Los Alamitos, CA 90720
[email protected]

10.2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10.3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.

15 10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

10.5 Third Party Beneficiary. Except as expressly provided herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.

10.6 Recitals. The above-stated Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.7 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”). Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

10.8 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which the Party for which he/she is signing is bound.
[SIGNATURES ON NEXT PAGE]

16 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Jordan B. Nefulda
Mayor
APPROVED AS TO FORM.

Woodruff & Smart, APC
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:

By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
Spectrum Security Group LLC
By:_______________________________
Robert Albert
President
By:_______________________________
Zack Smith
Operation/Project Management

1825787.1
EXHIBIT “A”
CONTRACTOR’S PROPOSAL/ SCOPE OF SERVICES
DATED: OCTOBER 16, 2024

Spectrum Security Group
10804 Los Alamitos Blvd
Los Alamitos, CA 90720
(562)431-0047
[email protected]
Proposal

ADDRESS
City of Los Alamitos
3191 KatellaAve.

Los Alamitos, CA 90720
PROPOSAL 2725
DATE 10/16/2024

WORK LOCATION

ALL CITY BUILDINGS
PO
RFP 2025-02

ITEM DESCRIPTION QTY RATE AMOUNT
BID FOR ACCESS CONTROL: RFP 2025-02
Access Control
Parts
All parts required for access control on multiple city buildings as described in RFP 2025-02 to include:
(Parts listed on attached spreadsheet with individual pricing breakdown, please see for reference
1 0.00
Access Control
Labor
Labor to install all equipment listed above to include:
-Assist customer with Genetec Software, license and server installation on Vendor-provided network equipment (Customer to assist with network setup and configuration provided equipment lives on customer's network)
- Install all Genetec and Other door hardware including all wire runs, conduit and cable support, enclosures, power supplies and any equipment listed on the attached spreadsheet to this contract - Test and check for proper working funcitonality of entire system - Train end user on all system components including best practices, Software application and management, hardware functionality and credential use/management
- Vendor will assist customer with system setup and design and commit to implementation of system as-requested and as-needed for desired end result.
1 0.00
Services TOTAL COSTS FOR ALL PARTSAND LABOR LISTED ABOVE, SALES

TAX IS INCLUDED IN THIS TOTAL
1 77,420.69 77,420.69
Warranty YEAR ONE: Parts and Labor warranty to cover all parts provided and installed by Spectrum Security Group only. ***Specifically excludes all existing equipment to be repurposed from existing KERI access control system such as wire, locks and power supplies where applicable.

Details of warranty are covered in attached warranty description and contract.
1 0.00 0.00
Warranty YEAR TWOAND THREE - 10% - (Yr.2) and 12% (Yr.3) of original contract price, provided as lump sum plus costs of licensing renewal and software maintenance upgrades as requested
1 19,168.55 19,168.55

Warranty *OPTIONAL YEAR FOUR -14% of original contract price plus costs of licensing renewal and software maintenance upgrades as requested 0 11,906.90 0.00
Warranty *OPTIONAL YEAR FIVE - 14% of original contract price plus costs of licensing renewal and software maintenance upgrades as requested 0 11,906.90 0.00
Maintenance SLA Maintenance Contract - Renewed on a yearly basis, billed as a 3- year commitment up front with options for years 4 and 5 3 6,000.00 18,000.00
SUBTOTAL 114,589.24
TAX 0.00
TOTAL $114,589.24
Accepted By
Accepted Date

Comprehensive Parts and Labor Warranty Agreement
Scope of Coverage
This warranty covers both parts and labor for all hardware components provided and installed as part of the access control system for the City of Los Alamitos. The warranty begins on the date of installation and includes coverage for years 1, 2 and 3 with additional optional coverage for years 4 through 5.

Warranty Coverage Periods and Rates

1. Year 1: Full parts and labor warranty is included at no additional cost.

2. Year 2: Full parts and labor warranty for an additional cost of 10% of the original invoiced amount ($77,420.69). This totals $7742.07 for year 2.

3. Year 3: Full parts and labor warranty for an additional cost of 12% of the original invoiced amount ($77,420.69). This totals $9290.48. for year 3.

4. Optional Years 4 and 5: The City may choose to extend the warranty for both parts and labor for each year at a cost of10% of the original invoiced amount ($77,420.69). This totals $7.742.07 per year for years 4 and 5.

Terms and Conditions
● Claim Process: All warranty claims must be submitted within 14 days of identifying a defect. Claims should include a description of the issue, and City staff must provide access for on-site assessment.
● Exclusions: This warranty does not cover damage from external factors, such as environmental conditions, unauthorized modifications, or misuse. Also excluded are parts repurposed from original KERI system, such as wire, electric locks and power supplies.
● Labor and Parts Replacement: All labor and parts covered under this warranty are included for the specified warranty extension years. Parts will be replaced in a timely manor, considering reasonable order lead times. Parts may at times be replaced with alternatives if original part is either not available in a timely manner or is out of production for any reason.

Limitations
This warranty exclusively covers hardware and installation labor as described. It does not cover software, network-related issues, or services outside the installed access control system.

Service Level Agreement (SLA) for Access Control System

1. Scope of Services
This SLA outlines the service expectations for maintenance, support, and operational standards related to the access control system provided to the City of Los Alamitos. This agreement applies only to the access control hardware, software, and systems installed as part of the project.

2. Service Hours and Availability
● Standard Support: Monday through Friday, 8:00 AM – 4:00 PM PST, excluding public holidays. Available by phone, email and text.
● After-Hours Message Delivery: Outside of regular business hours noted above, email, along with a call forwarding service that will relay after-hours voice and text messages to our staff, is available for your night and holiday staff to deliver messages that will get addressed the next business day.
● Escalation for Urgent Needs: In cases of critical urgency, the City may reach out via a designated emergency cell phone number(s) provided upon request. Please note that while we strive to respond promptly, response times outside of normal business hours will be as noted below:

3. Response Times
Service requests are classified into three levels of priority. Our commitment is to respond and resolve issues to the best of our abilities within the following timeframes:
● Level 3 - High Priority (Critical Impact)
○ Examples: Complete system outage, access control breach at a sensitive facility (e.g., Police Department).
○ Response Time: Within 6 hours for call response. If a truck roll is necessary, technician has up to 4 hours from time of his/her response to the call to be present on site.
○ Contact Method: Emergency cell phone number will be provided. ○ Fees: Additional service fees may apply depending on services required for resolution and time of day/Holiday - See rate sheet for Level 3 hours and rates. ● Level 2 - Medium Priority (Moderate Impact)
○ Examples: Partial system failure, individual access point issues at non-sensitive facilities.
○ Response Time: Within 16 hours for call and/or on site response. ○ Contact Method: Normal channels of business landline, email or text during normal business hours. Emergency cell phone number for after hours. ○ Fees: Additional service fees may apply depending on services required for resolution and time of day/Holiday - See rate sheet for Level 2 hours and rates.

● Low Priority (Routine Maintenance)
○ Examples: Non-urgent repairs, routine software updates, or system checks. ○ Response Time: Within 24 business hours
○ Contact Method: Normal channels of business landline, email or text during normal business hours. Additional service fees may apply depending on services required for resolution and time of day/Holiday - See rate sheet for Level 1 hours and rates.

Rate Sheet

TIME FRAME RATES FOR SERVICES
LEVEL 1: Normal Business Hours:
8am-4pm M-F, excluding Holidays
$150/hr
LEVEL 2: After Hours:
5am-8am and 4pm-8pm M-F
8am-8pm Weekends, excluding Holidays
$225/hr
LEVEL 3: Emergency Hours:
8pm-5am M-F
8pm-8am Weekends
Any time on Holidays
$300/hr

4. Preventive Maintenance
● Frequency: Quarterly preventive maintenance checks to ensure system integrity. ● Scope: Includes hardware inspections, software updates, testing of access points, and verification of network connections where applicable to ensure proper system functionality. Minor repairs and parts replacements will be made on an as needed basis as provided for in the Warranty Agreement.
● Recommendations: Technician will provide responses to findings and make recommendations that the City may choose to act upon or not. This may include pre-emptive changes and additions to the system that will incur parts and labor costs above and beyond the SLA and/or Warranty contract agreements. ● Repairs: Any findings covered under the Warranty will be addressed and resolved at the time of the quarterly maintenance visit, or within a reasonable amount of time dependent on parts and technician availability and the urgency of the need for repair.

5. Exclusions
This SLA does not cover:
● Issues arising from third-party hardware or software not provided under this agreement. ● Damages due to unauthorized modifications, misuse, or environmental conditions outside of the system’s specified operating range.

7. Annual SLA Review
This SLA will be reviewed annually to ensure it aligns with the City’s needs and any changes in service requirements. Adjustments may be made with mutual consent.

Manufacturer Part Qty Cost Price Total Notes
Council Chambers (CC) 2 readers / 1 Contact
TP-Link PoE Switch 1 $50.00 $57.50 $57.50 4 Port, Unmanaged Axis A1610 1 $1,250.00 $1,437.50 $1,437.50 Door Controller, 2 door, 5 input HID 920PTNNEK00000 RP40 2 $125.00 $143.75 $287.50 Card Reader Genetec ADV-RDR-S-1Y 2 $10.00 $11.50 $23.00 Synergis Reader License Inovonics EN1210W 1 $70.00 $80.50 $80.50 Surface Contact Inovonics EN4204R 1 $170.00 $195.50 $195.50 Receiver - 4 channel Kantech T.REX-LTE 1 $121.90 $140.19 $140.19 REX Device
Seco-Larm SM-4601-L3Q 1 $17.25 $19.84 $19.84 Armored Door Contact City Hall 1 (CH) 7 readers
TP-Link PoE Switch 1 $80.00 $92.00 $92.00 8 Port, Unamanged Axis A1610 4 $1,250.00 $1,437.50 $5,750.00 Door Controller, 2 door, 5 input HID 920PTNNEK00000 RP40 7 $125.00 $143.75 $1,006.25 Card Reader Genetec ADV-RDR-S-1Y 7 $10.00 $11.50 $80.50 Synergis Reader License Seco-Larm SM-4601-L3Q 3 $15.00 $17.25 $51.75 Armored door contact HES 5000C - LBM 1 $178.00 $204.70 $204.70 Electric strike, latch bolt monitor Camden EPD1289L-LBM 2 $320.00 $368.00 $736.00 Rim Electric strike, latch bolt monitor City Hall 2 (CH2) 2 readers
TP-Link PoE Switch 1 $50.00 $57.50 $57.50 4 Port, Unmanaged Axis A1610 1 $1,250.00 $1,437.50 $1,437.50 Door Controller, 2 door, 5 input HID 920PTNNEK00000 RP40 2 $125.00 $143.75 $287.50 Card Reader Genetec ADV-RDR-S-1Y 2 $10.00 $11.50 $23.00 Synergis Reader License Police Department (PD) 12 readers / 2 contacts
TP-Link PoE Switch 1 $75.00 $86.25 $86.25 8 Port, Unmanaged Axis A1610 6 $1,250.00 $1,437.50 $8,625.00 Door Controller, 2 door, 5 input HID 920PTNNEK00000 RP40 12 $125.00 $143.75 $1,725.00 Card Reader Genetec ADV-RDR-S-1Y 12 $10.00 $11.50 $138.00 Synergis Reader License Inovonics EN1210W 2 $70.00 $80.50 $161.00 Contact
Inovonics EN4204R Wireless Receiver 1 $170.00 $195.50 $195.50 Receiver

HES 5000C - LBM 2 $178.00 $204.70 $409.40 Electric strike, latch bolt monitor Seco-Larm Contact 2 $5.00 $5.75 $11.50 Recessed door contact Command Access ML180 EU 24V 1 $166.00 $190.90 $190.90 Electrified mortise chassis Command Access ETH6W4545 1 $74.00 $85.10 $85.10 Power Transfer hinge, 4.5x4.5 Kantech T.REX-LTE 1 $106.00 $121.90 $121.90 REX Device
Public Works (PW) 2 readers
TP-Link PoE Switch 1 $50.00 $57.50 $57.50 4 Port, Unmanaged Axis A1610 1 $1,250.00 $1,437.50 $1,437.50 Door Controller, 2 door, 5 input HID 920PTNNEK00000 RP40 2 $125.00 $143.75 $287.50 Card Reader Genetec ADV-RDR-S-1Y 2 $10.00 $11.50 $23.00 Synergis Reader License HES HES5000C - LBM 2 $178.00 $204.70 $409.40 Electric Strike, latch bolt monitor Seco-Larm Contact 1 $5.00 $5.75 $5.75 Recessed Contact
Seco-Larm SM-4601-L3Q 1 $15.00 $17.25 $17.25 Armored Door Contact Community Center 1 (CC1) 4 readers / 9 contacts
TP-Link PoE Switch 1 $50.00 $57.50 $57.50 4 Port, unamanged Axis A1610 2 $1,250.00 $1,437.50 $2,875.00 Door Controller, 2 door, 5 input HID 920PTNNEK00000 RP40 4 $125.00 $143.75 $575.00 Card Reader Genetec ADV-RDR-S-1Y 4 $10.00 $11.50 $46.00 Synergis Reader License Inovonics EN1210W 9 $70.00 $80.50 $724.50 Surface Contact Inovonics EN4232MR 1 $387.00 $445.05 $445.05 Receiver - 8 channel Camden Rim Strike EPD1289L - LBM 2 $320.00 $368.00 $736.00 Rim Electric strike, latch bolt monitor HES HES5000C - LBM 1 $178.00 $204.70 $204.70 Electric Strike Command Access MLRK1-AR REX 1 $289.00 $332.35 $332.35 Panic bar retrofit electrification kit Altronix AL600ULXPD8 1 $339.00 $389.85 $389.85 4A, 4 output power supply Command Access DL-1 1 $12.00 $13.80 $13.80 Armored door loop Seco-Larm Contact 4 $5.00 $5.75 $23.00 Recessed Contact Pre-School (PS) 2 readers / 1 contact
TP-Link PoE Switch 1 $50.00 $57.50 $57.50 4 Port, unamanged Axis A1610 1 $1,250.00 $1,437.50 $1,437.50 Door Controller, 2 door, 5 input HID 920PTNNEK00000 RP40 2 $125.00 $143.75 $287.50 Card Reader Genetec ADV-RDR-S-1Y 2 $10.00 $11.50 $23.00 Synergis Reader License

Command Access MLRK1-CAL REX 1 $323.00 $371.45 $371.45 Panic Device electrification kit Command Access MLRK1-AR REX 1 $324.00 $372.60 $372.60 Panic Device electrification kit Altronix AL600ULXPD8 1 $250.00 $287.50 $287.50 4A, 4 output power supply Command Access Door Loop 2 $24.00 $27.60 $55.20 Armored door loop Inovonics EN1210W 2 $70.00 $80.50 $161.00 Surface Contact Inovonics EN4204R 1 $170.00 $195.50 $195.50 Receiver - 4 channel Seco-larm SM-4601-L3Q 1 $15.00 $17.25 $17.25 Armored Door Contact Seco-larm Contact 1 $5.00 $5.75 $5.75 Recessed Contact
Community Center 2 (CC2) 2 readers / 3 contacts
TP-Link PoE Switch 1 $50.00 $57.50 $57.50 4 Port, unamanged Axis A1610 1 $1,250.00 $1,437.50 $1,437.50 Door Controller, 2 door, 5 input HID 920PTNNEK00000 RP40 2 $125.00 $143.75 $287.50 Card Reader Genetec ADV-RDR-S-1Y 2 $10.00 $11.50 $23.00 Synergis Reader License Inovonics EN1210W 3 $70.00 $80.50 $241.50 Surface Contact Inovonics EN4204R 1 $170.00 $195.50 $195.50 Receiver - 4 channel Command Access MLRK1-AR REX 1 $324.00 $372.60 $372.60 Panic device electrification kit Camden EPD1289L-LBM 2 $320.00 $368.00 $736.00 Rim Electric strike, latch bolt monitor Altronix AL600ULXPD8 1 $250.00 $287.50 $287.50 4A, 4 output power supply Command Access Door Loop 2 $24.00 $27.60 $55.20 Armored door loop Seco-larm Contact 3 $5.00 $5.75 $17.25 Recessed Contact Gates (PW Gate, PD Gate, Staff Gate near Council) 3 readers Axis A1610 3 $1,250.00 $1,437.50 $4,312.50 Located in PreSchool Building AWID LR-3000-B-U 3 $1,526.00 $1,754.90 $5,264.70 Long Range Reader AWID WS-UHF-0-0 1 $177.00 $203.55 $203.55 Windshield Tag, Sold in Packs of 25 Genetec ADV-RDR-S-1Y 3 $10.00 $11.50 $34.50 Synergis Reader License Sure-Fi DS004-Weigand 3 $655.00 $753.25 $2,259.75 Wireless weigand kit Altronix AL600ULXPD8 3 $250.00 $287.50 $862.50 4A, 4 output power supply

GENETEC / HEAD END EQUIPMENT
Genetec Application Server 1 950 1092.5 1092.5 Server TBD based on convo with IT Genetec GSC-BASE-S 1 600 690 690 Application License
$26,169.57 $54,081.22 TOTAL PARTS

RESPONSE TO TECHNICAL QUESTIONS - ATTACHMENT C
Section 1: Company Experience & Qualification
a) Provide company experience and qualification to meet the scope of work and standard of performance.

Spectrum Security Group (SSG) has been a trusted provider of comprehensive access control and security systems solutions for over 8 years. During this time, our team has successfully implemented advanced security systems for a diverse range of clients, including school districts, healthcare facilities, and large corporations. This experience has equipped us with a deep understanding of the unique security needs across various sectors and the technical expertise to execute complex projects with precision.

Our leadership is backed by the extensive industry experience of our President, Robert Albert, who has been at the forefront of the security and access control industry for over 20 years.

Additionally, our technicians bring decades of collective experience, with over 30 years of hands-on expertise in installing, maintaining, and upgrading security systems.

In the local context, SSG operates under the DBA “Los Alamitos Lock Service”, a name synonymous with reliability in locksmithing and security services in the City of Los Alamitos. We have served as a vetted contractor for the City for decades now, which underscores our commitment to quality, compliance, and strong working relationships within the community. Our continued partnership with the City positions us uniquely to deliver high-quality services while understanding the specific security requirements of its facilities. b) Identify principals of the company.

SSG’s President, Robert Albert, is the sole principal of the company. c) State company’s financial condition and identify any condition (e.g. bankruptcy, pending litigation, planned office closures, merger, etc. that may impede the Respondent from providing services).

SSG is in sound financial standing and has no plans to make any significant changes in the near or distant future.
d) Describe your company’s experience in providing Access Control Services to like-sized public agencies and/or private companies.

Spectrum Security Group (SSG) has extensive experience providing Access Control Services to public agencies and private entities of similar size and scope to the City of Los

Alamitos. Our work spans across various sectors, including educational institutions, healthcare facilities, community associations, and municipal infrastructures, which positions us well to meet the specific needs of the City's access control system.

We have successfully delivered comprehensive access control solutions for:
● School Districts: (Specifically Los Alamitos, Lynwood, Norwalk/La Mirada, Long Beach and others) Implementing scalable access control systems for major school districts, managing high user volumes and multiple site integrations. ● Healthcare Facilities: (Specifically Los Alamitos Hospital, Los Alamitos Medical Buildings, Katella Senior Living and others) Equipping medical buildings with robust access control systems that meet stringent security and regulatory requirements. ● Community Associations: Serving large-scale residential communities with 500+ users by providing secure, streamlined access control systems across multiple properties and locations within a large property size.
● Government and Municipal Facilities: (Specifically JFTB Los Alamitos, Seal Beach Naval Weapons Station, Navy Federal Credit Union and others) Handling access control projects for high-security environments, ensuring secure and efficient entry systems for critical infrastructure.

Our projects involve the integration of access control with multiple other technologies, ensuring a cohesive and future-proof solution tailored to the specific needs of each client. Our solutions include:
● CCTV Integrations: Merging video surveillance with access control for real-time monitoring and enhanced security.
● Visitor Entry Management: Streamlining visitor access and enhancing security with advanced entry systems.
● Vehicle Entry Systems: Integrating vehicle access control with automated entry systems for seamless management.
● System Database Sharing: Enabling data consistency across multiple access points and locations for better management and security.
● Area of Refuge Emergency Call Systems: Integrating emergency communication systems in compliance with safety regulations.
● IP/VoIP/SIP Protocol Intercom and Phone Systems: Implementing cutting-edge communication solutions integrated with access control systems.

This experience demonstrates our ability to manage complex, multi-site projects with diverse technological requirements, ensuring both security and operational efficiency for our clients. e) State all instances of being disqualified, removed, or otherwise prevented from completing the terms of any previous contracts over the past five (5) years. Give names, street addresses, and phone numbers and explain the circumstances.

There are none. We have completed all projects under contract both as lead and sub contractor through our entire existence as a company.

Section 2: Personnel
a) Attach an organizational chart for your company or the local office servicing this contract.
(No chart attached as it’s only as simple as the below itemized description) Our organization is streamlined, allowing for efficient communication and quick decision-making—key advantages in successfully delivering this project. Given our smaller team structure, I will outline our organizational chart here:
● President / Project Lead: Robert Albert
As President, Robert brings over 20 years of experience in access control and security systems. He will oversee both project management and field operations, ensuring that every phase of the installation meets the City's standards. ● Operations / Project Management: Zack Smith
Zack manages daily operations and coordinates the project timeline, ensuring smooth communication between our team and the City.
● Technicians:
○ Thomas Faulkner - Lead, 30 years experience
○ James Edwards
○ Chris McDermott
○ Oliver Taylor
Our team of highly experienced technicians, each with extensive experience in access control systems, will handle the on-site installation and maintenance.

Their technical expertise ensures precision and efficiency at every step. b) List personnel handling the day-to-day management of the contract. List their certifications, specialty, and licenses.

Robert Albert – Primary Contact and Project Manager
● Certifications & Specialty: SALTO Certified (the proposed system), licensed under C28 (Lock and Security Systems) in California, with over 20 years of industry experience. Other system Certifications include: Brivo, Eagle Eye Networks, CDVI, Software House and Gallagher. Robert specializes in locksmithing, access control, and providing custom security system solutions, including IP-based systems, CCTV, intercoms, and network infrastructure. His extensive hands-on experience makes him a

versatile leader capable of overseeing both the technical and managerial aspects of the project. Rober also holds a BA in Business Administration from Cal State Fullerton.

Zack Smith – Assistant Project Manager
● Certifications & Specialty: SALTO Certified, with 10 years of industry experience.

Zack brings valuable project management experience gained during his tenure with Unlimited Technology, a global security industry firm. During his tenure there, he oversaw projects on a national scale for customers such as Google (data center build-outs), Tesla (service center build-outs), Sony Entertainment and Amazon Web Services data centers to name a few. His familiarity with the City of Los Alamitos as a customer of Los Alamitos Lock Service (SSG’s DBA) adds a layer of local insight, ensuring smooth coordination throughout the project. Zack will assist in the day-to-day management, focusing on timelines, resource allocation, and client communication.

Thomas Faulkner – Lead Technician
● Certifications & Specialty: Industry veteran with nearly 30 years of experience in locksmithing, alarms, CCTV, access control, and network equipment. Thomas is a second-generation locksmith and holds a California Locksmith License from BSIS, as well as multiple industry certifications for various security systems. His deep familiarity with the Keri system currently in use across the City’s buildings ensures a seamless transition and integration with the new access control systems. Thomas has a long history of working with locking hardware and advanced security systems, making him a valuable asset to the technical team.

Section 3: Approach
a) Describe your approach to the Scope of Services and Standard of Performance and any special ideas, techniques, or suggestions that you think might make the Scope of Services and Standard of Performance implemented smoothly.

Our approach to delivering the Scope of Services and Standard of Performance focuses on providing a flexible, responsive, and client-centered solution. As a small, agile business, we minimize bureaucratic layers, allowing us to adapt quickly and ensure the project runs smoothly from start to finish.

Key elements of our approach include:
● Direct Communication: Our streamlined organizational structure allows for open and direct communication with the client, ensuring that all concerns, changes, and updates are handled swiftly and clearly, with no delay or confusion. ● Agility and Responsiveness: With fewer layers of management, we are able to quickly adjust to any project challenges or client preferences. This flexibility allows us to

maintain a high standard of performance without the delays that often occur with larger firms.

Integrating Salto Space Platform:

To enhance this approach, we utilize the Salto Space platform, which brings significant technical advantages. The data-on-card technology allows for a more efficient, decentralized system, ensuring that:
● Seamless Access Control: With data-on-card, user credentials are updated directly on their access cards rather than requiring constant real-time connection to a central server.

This allows for faster updates and more efficient system management, particularly across multiple sites or locations, which is critical for large projects like this one. ● Reduced Downtime: The Salto Space system's decentralized nature means that even if there are network disruptions, the access control system continues to function seamlessly, providing uninterrupted service.
● Scalability: The platform is highly scalable, which allows us to implement systems that can grow with the City’s needs. Whether adding new buildings or integrating other technologies, the system’s modular design ensures flexibility.

Additional Techniques for Smooth Implementation:
● Proactive Planning: Our team conducts thorough pre-project planning, including detailed site assessments and early-stage consultations with the City to identify any potential challenges before they arise. This minimizes unexpected delays during the implementation phase.
● Tailored Solutions: We customize the access control system to meet the specific needs of each site. The Salto Space platform offers the flexibility to easily integrate with existing infrastructure, ensuring a smooth transition from legacy systems to the new setup. ● Continuous Feedback Loop: We actively seek feedback from the client throughout the project to ensure all expectations are met. By incorporating client input in real time, we can adjust our approach and ensure the highest level of satisfaction.

By combining our nimble, client-focused approach with the advanced features of the Salto Space platform, we ensure the implementation of the Scope of Services is both efficient and scalable, meeting the City’s immediate needs while allowing for future growth and flexibility. b) Describe your company’s ability to address complaints or deficiencies.

Our company is committed to addressing complaints or deficiencies quickly and effectively, thanks to our direct communication structure and proximity to the City of Los Alamitos. With no layers between the client and the company’s President, we can tackle issues

head-on, ensuring swift resolutions. Our brick-and-mortar storefront, located less than a mile from City Hall, is open from 9 AM to 4 PM, Monday through Friday, allowing for easy access to in-person support when needed.

In terms of delivering solutions, we pride ourselves on being highly responsive, trustworthy, and professional. This reputation is backed by numerous 5-star reviews on Yelp, positive customer feedback, and the trust we’ve earned from clients of all sizes—many of whom are typically served by much larger security integrators. Despite our smaller size, we have consistently demonstrated that we can deliver the same, if not better, service and responsiveness as larger firms, without the bureaucracy and overhead costs.

Our ability to quickly address any deficiencies is a direct result of our client-centered approach and strong focus on customer satisfaction.
c) Describe your communication plan between your representative and City’s representative.

Communication can be conducted via phone, email or text to any of the above-mentioned representatives. We will be available during the duration of the project and beyond during all normal business hours, and can be reached through many channels, through many representatives.
d) Describe communication within your company.

Due to the smaller size of the company, much of our daily communication is face-to-face and when that’s not an option a phone call or text. There is little-to-no delay in communication because of this.
e) Describe your employee training program.

Employees receive training on existing and new systems as we implement them into our service offernings. Online training courses are a part of the monthly routine, and morning meetings are held amongst the technicians to create an environment of shared knowledge and experience from the prior days/weeks projects and experiences. f) Describe your safety program.

All employees are held to a strict standard of best practices and safety regulations, conforming to all OSHA standards on any and all projects and service calls, regardless of size or location. Weekly safety meetings are a part of our typical operation, in which we review best practices and discuss PPE use and individual employee needs for upgraded PPE equipment as older PPE wears out or reaches its end of life.

Section 4: References
Please list at least five (3) references of current or past contracts within the past five years that are similar in scope or scale. Attached additional pages if necessary. Provide the following information on each one:

REFERENCE 1:
a. Lynwood Unified School District
b. Paul Garcia
c. 323.532.1117
d. [email protected]
e. 5 years
REFERENCE 2:
a. Resolve Engineering
b. Nima Shriatmadari
c. 909.896.0569
d. [email protected]
e. 7 years
REFERENCE 3:
a. Los Angeles County - (LACO Airport Fields)
b. Neil Medina
c. 213.423.9356
d. [email protected]
e. 4 years

Dear City of Los Alamitos,
I would like to express my sincere gratitude for the opportunity to submit a proposal for the city of Los Alamitos’ access control system. As a local business based in this wonderful community, we are particularly excited about the chance to contribute to the security and well-being of our city.

Initially, we submitted a bid featuring the Salto access control system. However, we encountered some unforeseen challenges regarding the system’s CJIS compliance, of which we were previously assured of, prompting us to revise our proposal. Our updated submission now features the Security Center solution from Genetec, which is widely recognized as one of the few access control systems that genuinely meet CJIS compliance standards.

The Genetec Security Center stands out as a top-tier access control solution. This system integrates advanced cybersecurity measures, ensuring the protection of sensitive data while allowing for seamless access management across multiple locations. Its open architecture facilitates interoperability with existing security infrastructure, making it adaptable to the unique needs of the city. Moreover, Security Center supports a wide range of hardware, which not only enhances operational efficiency but also streamlines compliance reporting, ensuring that public safety officials can meet regulatory requirements effortlessly I would like to highlight that we need to clarify the terms of the 5-year Service Level Agreement (SLA) before we can provide our final pricing proposal.

We are looking forward to our conversation this week and are excited about the potential to collaborate with the city.
- Robert Albert, Owner
10/29/2024

Genetec Security Center's compliance with the Criminal JusƟce InformaƟon Services (CJIS) Security Policy v5.95 involves meeƟng rigorous standards set by the FBI to protect sensiƟve Criminal JusƟce InformaƟon (CJI). This policy applies to organizaƟons handling CJI data, such as law enforcement, and mandates technical, administraƟve, and physical security requirements. Here’s a how Genetec Security Center addresses key CJIS requirements:

1. Authentication and Access Control
 User AuthenƟcaƟon: Genetec Security Center uses mulƟ-factor authenƟcaƟon (MFA) to comply with CJIS requirements, ensuring that only authorized personnel can access CJI. MFA combines two or more factors (such as passwords and biometrics) to provide layered security.  Role-Based Access Control (RBAC): Genetec Security Center offers RBAC, enabling administrators to assign specific access permissions to different roles. This limits access to CJI based on job responsibiliƟes, ensuring compliance with CJIS’s principle of least privilege.  Account Management: The plaƞorm includes tools to enforce password policies, manage account expiraƟon, and log out idle sessions. This aligns with CJIS policies for user idenƟficaƟon and authenƟcaƟon management.

2. Data Encryption
 EncrypƟon in Transit and at Rest: Genetec Security Center encrypts data in transit and at rest to protect CJI from unauthorized access. This includes using protocols like HTTPS/TLS for data in transit and AES-256 encrypƟon for data at rest, which comply with CJIS encrypƟon requirements.
 Key Management: EncrypƟon keys are securely managed and rotated according to CJIS standards, ensuring that data encrypƟon is resilient to potenƟal aƩacks.

3. Audit and Accountability
 Comprehensive Logging: Genetec Security Center records all system and user acƟvity, including access aƩempts and modificaƟons to CJI. This meets CJIS requirements for audit logs and accountability.
 Audit Log RetenƟon: Logs are retained and stored securely in compliance with CJIS requirements, enabling audits and invesƟgaƟons. Administrators can review logs to detect and respond to unauthorized access aƩempts.
 Real-Time Monitoring: The plaƞorm supports real-Ɵme monitoring and alerƟng suspicious acƟviƟes, such as repeated login failures or unauthorized access aƩempts, enhancing incident response.

4. Incident Response and Reporting
 Incident Handling Procedures: Genetec Security Center provides tools for incident detecƟon, reporƟng, and response to comply with CJIS requirements for incident handling. This allows administrators to quickly respond to security incidents involving CJI.  ReporƟng CapabiliƟes: In case of a security incident, Genetec enables efficient reporƟng mechanisms, helping organizaƟons meet CJIS requirements for noƟfying affected parƟes and authoriƟes.

5. Physical Security and Personnel Security
 Access Controls for Physical LocaƟons: Genetec Security Center provides physical access controls, such as surveillance, door access management, and intrusion detecƟon, for faciliƟes housing CJI data to meet CJIS physical security requirements.  Personnel Background Checks: CJIS requires background checks for individuals accessing CJI.

Genetec Security Center does not conduct these checks directly but provides mechanisms for user tracking and accountability, supporƟng compliance by organizaƟons.

6. Network Security and Configuration Management
 Secure Network Architecture: Genetec implements a secure network architecture that meets CJIS guidelines, including firewalls and segmentaƟon to protect against unauthorized access.

Network access controls help isolate systems processing CJI from non-CJI systems.  ConfiguraƟon Control: The plaƞorm provides configuraƟon management capabiliƟes to enforce secure seƫngs and restrict modificaƟons to configuraƟons related to CJI data protecƟon, as required by CJIS.

7. Data Integrity and Protection Against Malware
 AnƟ-Malware and Threat DetecƟon: Genetec Security Center supports integraƟon with anƟmalware soluƟons, which helps detect and prevent malware threats targeƟng CJI data.  Data Integrity VerificaƟon: The system includes tools to verify the integrity of CJI, ensuring that data has not been tampered with, meeƟng CJIS integrity requirements.

8. Training and Awareness
 User Training Tools: Genetec Security Center offers features and support resources for user training on security policies and best pracƟces. This helps agencies meet CJIS requirements for training personnel on the importance of protecƟng CJI.

9. Policy and Documentation Compliance
 CJIS Policy DocumentaƟon Support: Genetec Security Center offers documentaƟon and implementaƟon guidance for agencies to support compliance with CJIS requirements and maintain policy documentaƟon.

By meeƟng these standards, Genetec Security Center ensures that it can securely manage and protect CJI data, helping organizaƟons maintain CJIS compliance and strengthen your security posture.

Security Center Synergis™ is an IP access control
system that heightens your organization’s security,
introduces you to non-proprietary hardware choices,
and lets you go about your day knowing that your
team is equipped to respond to any threat.

Complete access control

Key benefits
Respond with confidence
through unification
When you unify Synergis with video surveillance,
intercom, and intrusion systems, you make
a clearer, more timely decision compared to
standalone systems.

Make your move to an adaptable
access control system
Synergis offers the clearest path to an IP access
control system that uses your network and existing
access control infrastructure.

Move to a single card
Centrally manage all your cardholders and
credentials, even between multiple independent
systems. Automatically synchronize changes
from one system to another.

Advanced cybersecurity
at every level of your system
Advanced encryption and claims-based
authentication ensures secure communications,
protects your cardholders’ identities, and keeps
the integrity of your system a priority.

Maintain less infrastructure and
reduce your total cost of ownership
Deploy Synergis Cloud Link appliances at all sites
and establish real-time connectivity to your main
server, whether it resides on your premises
or in the cloud.

Choose your hardware
based on your needs
Unlike proprietary systems, Synergis allows you
to choose the best access control hardware. From
leading manufacturers of IP door controllers to
wireless and PoE locks – the choice is yours.

Visitor management
and badging
Threat level
management
Mobile apps
and web client
Badge design
and printing
Microsoft active
directory integration
(synchronize users
and cardholders)
Global cardholder
management
(across multiple sites)
Real-time area
presence tracking
Dynamic
interactive maps
Federation
(centralized monitoring
and reporting across
multiple sites)
Unication with
video, intercom,
and intrusion systems
Security that revolves around you
From single-building installations to complex multi-site deployments, Synergis is engineered to handle the needs of growing organizations. From managing cardholders and visitors, printing badges, and running investigations, Synergis will meet your everyday needs. Built-in failover options let you go about your day-to-day operations uninterrupted and with the confidence of knowing that your people and assets are protected during critical situations.

Designed to scale
Whether you need to secure
a multi-site facility or a small
location, Synergis has the
flexibility needed to adapt to
your security environment.

All your needs in one
Get a full-featured solution
with embedded badge
design, cardholder and visitor
management, advanced visual
reporting, and more.

Connect anywhere, any time
No matter their location,
personnel can lock or unlock
doors, review access control
events, and change threat levels
through a suite of mobile and
web apps.

Security Desk Security Desk Dashboard Dashboard
3 4
1 2
1 Multi-task view
Keep multiple tasks open at the same time,
allowing operators to see and do more.

Monitor video, search archives, and pull
reports, all at the same time.
2 Cardholder video verification
Verify cardholder pictures against live or
recorded video associated to access control
events for every door within any monitoring
or reporting task.
3 Dynamic interactive maps
Efficiently monitor and manage all your sites
with interactive maps that provide a dynamic
view of all security devices, alarms, and
system statuses.
4 Visual reporting
Capture timely insights into your day-to-day
operations and view the flow of people within
your premises without the need for heavy
spreadsheets.

Start your day with confidence
As part of the Security Center unified platform, Synergis allows you to heighten efficiency and security by unifying your access control system with other security and business systems. Operators will have the tools to make informed and timely security and operation decisions with a unified approach to your security. Move away from independent systems that were never designed to work together and take advantage of a unified view of all your security information.

Fully hosted
The Synergis SaaS edition is an Access Control as
a Service (ACaaS) that lets you move your system
entirely to the cloud, simplifying the deployment
and maintenance of an enterprise-class system.

Choose between monthly or yearly payments and
reduce your infrastructure management.

On-premises
For many years, Synergis has been deployed
on-premises. With all your infrastructure in your
possession, you can either subscribe to the
service or pay entirely in advance.

An appliance for either option
The Synergis Cloud Link appliance reliably and
securely connects your existing on-premises
controllers, modules, and electronic locks to
either the cloud or to your main access control
server on-premises.

Hybrid
If you’re not ready to fully transition to the
cloud, the Synergis SaaS edition lets you deploy
some or all of your system on-premises and
enhances your security with value-added
services in the cloud.

Choose your deployment and purchase options
Select how you own, deploy and maintain your access control system Whether your system is deployed on-premises, in the cloud, or somewhere in between, Synergis delivers a steady flow of innovation that provides ongoing value to help you focus on your business. You choose whether you pay upfront or on a termed basis bringing flexibility to your budget with Synergis SaaS edition.

Synergis key features
Complete access control features for your day-to-day operations Threat level management
Quickly change the behavior of your security
system in response to changing security conditions
and potential threats. Pre-built threat levels can be
built based on your corporate security policies.

Global cardholder management
Synchronize cardholders, cardholder groups,
credentials, and badge templates across multiple
independent Synergis systems through multiserver synchronization.

Visitor management
Modernize your approach to visitor management
and become more efficient by enrolling visitors
in Synergis, assigning physical access rights,
and tracking their movements with ease.

Badge design and issuance
Issue cardholder and visitor ID badges so that
your staff can easily identify those who should
and should not have access to your facilities. With
advanced card request workflow, you determine
who can create, view, and print badges.

Dynamic interactive maps
Better visualize and manage your security
environment by dynamically navigating through
facilities and managing a greater number of
doors, cameras, intrusion areas, and other
security devices.

Failover and redundancy
Count on the availability of your access control
system to run reports or make access changes
whenever you need them. Get ease of mind with
built-in failover and redundancy mechanisms
that protect against hardware failure or network
interruptions.

Microsoft Active Directory (AD) sync
Synchronize your Windows users with Security
Center users and cardholders. Adding Windows
users in AD will automatically create Security
Center users and cardholders along with their
groups, credentials, and custom fields.

Elevator destination dispatch
Effectively manage elevator traffic based on
cardholder’s assigned access and schedules
in Synergis. Optimize your building operations
through orderly travel of cardholders.

Federation
Facilitate centralized monitoring, reporting, and
alarm management across multiple independent
sites by synchronizing door entities and related
events and alarms between sites in real time.

End-to-end data security and privacy
Ensure that your servers, communications, and
devices are secured with the latest cryptographic
protocols so that your access control system is
protected against emerging cyber threats.

Core access control functions
Cardholder management with advanced filtering options
to quickly locate, assign minimum security clearances
Badge issuance workflow and activity trails to issue
credentials, request badge screening and more.

Visitor Management with check-in/out process, print
badge or paper credentials and visitor escort mode
Elevator control without PLCs
(Destination dispatch integrations available)
Mobile credentials supported: Issue or revoke mobile
credentials.

Resend or cancel email invitations.

View the status of your mobile credential subscription and license count.

Directly integrated with HID Origo Management Portal.

License plate as a credential
People counting for mustering
Advanced access control measures
Antipassback (Soft, hard, on schedule, forgive APB)
Threat level management
First-Person-In rule for triggering unlock schedules
First-Person-In rule for activating access rights
Two-Person rule
Visitor Escort mode
Duress PIN support
Double-badge activation
Door interlocks without requiring PLCs to ensure only one door can be open at any given time in secured area
Maximum occupancy
Evacuation Assistant to account for personnel during
routine and emergency evacuations
Supported hardware
Synergis Cloud Link supporting:
·HID VertX interface modules: V100, V200, V300
·Mercury EP and LP controllers
·Assa Abloy WiFi, PoE, and Aperio locks (AH30, AH40)
·Wireless locks (SVN plugin available)
·Allegion Schlage AD-Series, Legacy LE and NDE Locks
(through Mercury EP and LP Panels)
·Allegion Schlage NDE, LE, and Control locks (through
ENGAGE Gateway)
·SimonsVoss SmartIntego Locks
(through Mercury EP and LP Panels)
·Axis A1001 and A1601 Network Door Controllers
·OSDP-enabled readers over RS-485
HID Vertx and Edge EVO controllers supported
Morpho, Suprema, Invixium, and Stonelock biometric
readers through plugin
User interface
Unified access control and video in one software package State of the art task-based interface
Cardholder verification and additional info in display tile Unified alarm management (access, video, intrusion)
Advanced reporting
Embedded reporting engine
View access control events and alarms through graphs and charts
Customizable reports without third party tool needed
Activity and Configuration reports
Export reports to CSV, EXCEL, and PDF
Automatically email reports to specific users
Time and attendance and area presence reporting
Multi-site management
Advanced distributed architecture to manage multiple
sites reducing total cost of ownership (TCO)
Centralized cardholder management and syncs between
independent sites
Global reporting and monitoring of independent sites
through Federation™
Security measures
Configurable user-access privileges
Secure remote access capabilities
Secure protocols and communications
from card to software
Password protected export
Authenticated user logins
Password management for Synergis Cloud Link
Certificate authentication
View communication protocol encryption
Security score widget
Industry gold standard EAL6+ rated
Separate data partition
Secure boot
Failover and redundancy
Native Access Manager and Directory failover
Failover and redundant archiving (hot-standby
to minimize downtime)
Virtualization support
Distributed architecture
Peer-to-peer communications across Synergis Cloud Link
appliances for Global IO linking and antipassback
System configuration
Available for deployment on-premise, SaaS, and hybrid
Copy configuration
Silent installation for mass deployment and upgrades
Auto-discovery of access control devices
Bulk Import of cardholders, credentials and custom fields Centralized multi-device firmware upgrade
Comprehensive feature list

Security Center Synergis editions
Synergis access control software is available in a variety of packages designed to fit the size and needs of your security applications. You can easily modify your package with a simple license update as your requirements evolve. ● Included or supported ○ Optional * Main site must be Enterprise. Remote site software can be any package. ** Azure AD for cardholders. ADFS for users
Genetec Inc.
genetec.com/contact-us
[email protected]
@genetec
© Genetec Inc., 2022. Genetec, Synergis, Federation, the Synergis Logo, the Genetec Logo, and the Mobius Strip Logo are trademarks of Genetec Inc., and may be registered or pending registration in several jurisdictions.

Package overview Standard Pro Enterprise SaaS
Maximum number of readers 64 256 Unrestricted Unrestricted Maximum number of monitoring
clients (5 included) 5 10 Unrestricted Unrestricted
Number of access managers 1 2 Unrestricted Unrestricted Badge designer and custom fields ● ● ● ●
Alarm management ● ● ● ●
Dynamic graphical maps ● ● ● ●
Custom reports and email notifications ● ● ● ●
Virtualization support ● ● ● ●
Mobile credential management ● ● ● ●
Built-in Access Manager failover ●
Visitor management ○ ○ ○ ●
Threat level management ○ ○ ●
ClearID ○ ○ ○ ○
Evacuation assistant ○ ○
Microsoft Active Directory
– cardholders and users ○ ○ ●**
Global cardholder management
and Federation* ○ ●
UPDATED:04-MAY-22

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NUMBER: 11I
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Notice of Completion (NOC) for the Demolition of Los Alamitos Television Production (LATV)/Public Works (PW) Building at 10921 Oak Street Project (CIP No. 22/23-04)

SUMMARY
The Demolition project of the Los Alamitos Television Production (LATV)/Public Works (PW) Building at 10921 Oak Street (CIP No. 22/23-04) has been completed.

Staff recommends that the Council accept the work as completed, direct filing of the Notice of Completion (NOC), and authorize retention release as prescribed by the California Public Contract Code.

RECOMMENDATION

1. Accept as complete the construction by Unlimited Environmental, Inc. for the LATV Building Demo at 10921 Oak Street (CIP No. 22/23-04); and,

2. Authorize the City Clerk to record the Notice of Completion/Final Report with the County Recorder’s Office; and,

3. Authorize Staff to release the 5% retention to the contractor in the amount of $5,233.55, thirty-five (35) days after recordation of the Notice of Completion.

BACKGROUND
The City Council approved the Award of Bid to Unlimited Environmental, Inc. on November 20, 2023. Construction was completed on September 19, 2024. The work consisted of demolishing the existing deteriorated LATV/PW building.

DISCUSSION
Work on this project is now complete and found acceptable by the City Engineer. Staff recommends acceptance of the work in conjunction with the processing of the Notice of Completion/Final Report and release of the retention as prescribed by the California Public Contract Code.

FISCAL IMPACT

The project had a total funding budget of $150,000.00 with the following breakdown of funding sources:

Budget Fiscal Year Source Amount
2024-25 General Fund $150,000.00
The project was within the overall funding budget and came in under budget due to a bid from the contractor that was lower than anticipated. The following is a breakdown of the costs:

Construction Costs $104,671.00
Design, Inspection, & Construction Management $ 31,961.40 Total Project Price $136,632.40
Attachment: 1. Notice of Completion - LATV Demo Project

RECORDING REQUESTED BY
AND MAIL TO:

City Clerk
City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720
No Consideration SPACE ABOVE THIS LINE FOR RECORDER

NOTICE OF COMPLETION NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 6103
for
Los Alamitos Television Production (LATV) Building at 10921 Oak Street (CIP No. 22/23-04) NOTICE IS HEREBY GIVEN THAT:

1. The undersigned are owners or corporate officers of the interest or estates stated below in property hereinafter described.

2. The full name of the owner is: City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, CA 90720

3. The work consisted of :

Work on this project is now complete and found acceptable by the City Engineer. The City of Los Alamitos hired a contractor for the said work. The work consisted of the demolition of the existing LATV building at the City Hall campus located at 10921 Oak Street.

4. The work was completed on___09/19/2024______

5. The contractor was: Unlimited Environmental, Inc.

Dated _____09/19/2024______________________ __________________________________________ Chris Kelley, City Engineer, City of Los Alamitos

VERIFICATION BY CORPORATION OWNER

STATE OF CALIFORNIA )
) SS

COUNTY OF ORANGE )
I, Chris Kelley, City Engineer of Los Alamitos, a Municipal Corporation, and that he executed the foregoing Notice of the aforesaid interest or estates in the property therein described; and verify on behalf of the City of Los Alamitos; that the contents thereof, and the the facts therein stated are true.
____________________________________________________
Chris Kelley, City Engineer
Dated: __09/19/2024________________

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NUMBER: 12A
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Survey Results for Potential Name Change of Apartment Row

SUMMARY
This discussion item proposes renaming the Apartment Row neighborhood.

RECOMMENDATION

1. Evaluate the survey results and discuss the options for the name change of the Apartment Row neighborhood; and,

2. Determine the new name for the Apartment Row neighborhood.

BACKGROUND
The City of Los Alamitos is approximately two square miles, excluding the Joint Forces Training Base, and is divided into 16 neighborhoods. Los Alamitos residents frequently identify themselves according to their neighborhood and are generally very proud of where they live.

The Apartment Row Neighborhood is the largest and most dense residential neighborhood in Los Alamitos. It is bounded by Farquhar Avenue to the south, Lexington Drive to the east, and commercial uses along Katella Avenue and Los Alamitos Boulevard to the north and west. The neighborhood consists of approximately 1,900 units and over 4,000 residents.

It is identifiable within the Neighborhood Map shown below:

City records indicate that the area was once called "City Gardens" circa 1924. However, no historical records exist on how and when this area became known as "Apartment Row." Earlier this year, Council Member Doby requested that the City Council consider polling the residents of Apartment Row regarding a potential name change.

On March 18, 2024, the City Council selected three potential names for the neighborhood revision and authorized staff to conduct an online survey to gather feedback. The options included: Cottonwood, Midtown, and Cottonwood _____ (with a fill-in option).

DISCUSSION
The online survey was made available on the City’s public engagement platform, GoVocal, from June 17, 2024, to August 2, 2024. Staff communicated with residents through the weekly e-newsletter, local newspaper, mailers, and social media posts. A total of 89 residents from Apartment Row completed the survey. 75 percent of the Apartment Row respondents favored a neighborhood name change.

Of the three name choice options provided (“Cottonwood _____”, “Cottonwood”, and “Midtown”), “Cottonwood _____” received the highest number of votes. However, consensus for the desired associated suffix (eg, Cottonwood Place, Cottonwood Cove, Cottonwood Row, etc.) was generally mixed, with Cottonwood Cove garnering the most significant number of votes.

The second favored choice “Cottonwood” received more votes than any single “Cottonwood ____” option. “Midtown” was the least popular of the three options provided. Respondents were also able to elect “none of the above” and/or provide “write in options”. A complete breakdown of all the survey responses is attached to this report.

FISCAL IMPACT
None.

Attachment: 1. Apartment Row Survey Data

City of Los Alamitos Neighborhood Sign Survey
1 / 4

75.32% 58

24.68% 19
Q2 Do you think that the "Apartment Row" name should be changed? Answered: 77 Skipped: 12
TOTAL 77
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No

City of Los Alamitos Neighborhood Sign Survey
2 / 4

34.15% 28

25.61% 21

13.41% 11

19.51% 16

15.85% 13
Q3 Which of the below names do you like? Check all that apply.

Answered: 82 Skipped: 7
Total Respondents: 82
# OTHER (PLEASE SPECIFY) DATE
1 Cottonwood Cove 8/2/2024 6:34 PM
2 Alamitos Row 7/12/2024 12:18 PM
3 Cotton Cove 7/10/2024 8:35 PM
4 I don't believe we should have segregated communities. No names. Definitely no signs. We are all the City of Los Alamitos. Don't create / promote prejudice / discrimination. 7/8/2024 7:34 PM
5 Greenwich 6/24/2024 8:01 PM
6 Pawnee 6/24/2024 4:57 PM
7 apartment row 6/21/2024 9:11 PM
8 El Corazon de Los Alamitos, or El Corazon, for short 6/21/2024 5:52 PM 9 Katella Village 6/20/2024 10:46 PM
10 Howard Row 6/20/2024 5:22 PM
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
"Cottonwood
______________"
(eg, Cottonw...
"Cottonwood"
"Midtown"
None of the
above
Other (please
specify)

ANSWER CHOICES RESPONSES
"Cottonwood ______________" (eg, Cottonwood Place, Cottonwood Cove, etc.) "Cottonwood"
"Midtown"
None of the above
Other (please specify)

City of Los Alamitos Neighborhood Sign Survey
3 / 4
11 Off Base 6/18/2024 9:34 PM
12 Los Alamitos Estates 6/18/2024 3:15 PM
13 Cottonwood Cove 6/17/2024 7:21 PM

City of Los Alamitos Neighborhood Sign Survey
4 / 4
Q4 In the previous question, you selected "Cottonwood ______________" as a potential name option. Please indicate the word that you would use to fill in the blank.

Answered: 26 Skipped: 63
# RESPONSES DATE
1 Cove 8/2/2024 6:34 PM
2 Cottonwood Grove 8/1/2024 1:04 PM
3 Cove 7/27/2024 1:07 PM
4 Lane 7/26/2024 2:45 PM
5 Place 7/23/2024 1:17 PM
6 Commons 7/19/2024 10:40 PM
7 Cove 7/14/2024 12:21 PM
8 Cove 7/13/2024 9:30 PM
9 Cove 7/10/2024 7:58 AM
10 Cove 7/10/2024 7:55 AM
11 Row 7/7/2024 9:15 PM
12 Park 7/1/2024 10:17 AM
13 park community 6/26/2024 10:22 AM
14 Cottonwood Forest 6/24/2024 5:02 PM
15 Place 6/23/2024 11:50 PM
16 Cottonwood Place 6/23/2024 5:38 PM
17 Road 6/22/2024 9:00 PM
18 Cottonwood Acres, Cottonwood Community, Cottonwood Commons 6/22/2024 9:44 AM 19 Cove 6/21/2024 2:08 PM
20 Heights 6/20/2024 9:56 PM
21 Place 6/18/2024 9:35 PM
22 Glen 6/18/2024 8:32 PM
23 Square 6/18/2024 9:38 AM
24 Cove 6/17/2024 7:38 PM
25 Cove 6/17/2024 5:48 PM
26 Cove 6/17/2024 4:30 PM

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NUMBER: 12B
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Windmera Quintanar, City Clerk
Subject: Council Member Requested Agenda Item: Electronic Delivery of Financial Information

SUMMARY
During the September 23, 2024, adjourned regular meeting, Council Member Hibard made a motion requesting that the City Council discuss the electronic delivery of financial information.

Council Member Murphy supported the motion. The motion passed 3-1-1, with Mayor Pro Tem Hasselbrink voting no and Council Member Doby abstaining. This informational staff report is the first step in the two-step process for placing items of the Agenda for consideration by the Council. The item was first introduced at the October 21, 2024, Council meeting and continued until tonight without any discussion.

RECOMMENDATION
In accordance with the City Council’s adopted Agenda Policy, this informational staff report does not request action, but seeks Council’s direction. By a majority vote of the City Council Members present, staff may be directed to place this item on a future Agenda for consideration by the Council.

BACKGROUND
During the September 23, 2024, adjourned regular meeting, Council Member Hibard made the following motion:
"In an effort to show the residents of Los Alamitos that this Council values financial transparency and accountability, I move to direct staff to electronically deliver any and all financial information and legal invoices, unredacted, to any Member of Council, upon request."
The City Council Adopted Accelerated Warrant Policy allows Council Members to ask questions before the meeting so staff and Council can have the appropriate information available to them before the Council meeting. The Limited Printing Policy adopted within the Council Handbook restricts printing to essential documents only and encourages the use of digital alternatives wherever possible.

The Council has been advised that Staff is diligently working toward digitizing the warrant process. Once the process is complete, providing digital copies will be quick and efficient. To date, processing warrants remains a physical paper process. Pulling and copying invoices is labor-intensive and exceeds the small print job (10 pages or fewer) outlined in the Council

policy; therefore, staff has not been able to comply with the voluminous request for copies of invoices at this time.

Council is encouraged to make an appointment through the City Clerk’s office to review the physical copies of any warrants/invoices and discuss questions and concerns with Staff.

Council Member Hibard met with staff on September 23, 2024, for three hours to address her concerns regarding the warrants at that time.

Redacted copies of City Attorney invoices, itemizing the amount of fees billed and hours worked, are public records available upon request. However, City Attorney invoices contain confidential billing descriptions that are subject to the attorney-client privilege and are therefore protected from disclosure. (See, County of Los Angeles Bd. of Supervisors v. Superior Court, (2017) 12 Cal. App.5th 1264 (“Billing entries or portions of invoices that describe the work performed for a client therefore fall directly in the heartland protected by the privilege.”). The attorney-client privilege is held collectively by all five members of the City Council. A majority of the City Council must determine how to safeguard confidential and privileged attorney invoices, whether underacted attorney invoices should be made available upon request to individual Council Members, and whether to waive the attorney-client privilege with respect to such invoices.

DISCUSSION
The City Council’s adopted Agenda Policy allows individual Council Members to place an item on the Agenda utilizing a two-step process. A Council Member may request an item be placed on a future Agenda during Council Announcements. Once a request is made, the item is then brought back to the City Council at a regularly scheduled meeting with an informational staff report (step one). A majority vote of the City Council members present is required to direct staff to place the item on a future Agenda for consideration by the Council (step two).

FISCAL IMPACT
None.

Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NUMBER: 13A
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Site Development Permit 22-02: 4665 Lampson Project (APN 130-012- 35)

SUMMARY
The City Council will consider resolutions to certifiy an Environmental Impact Report pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations, adopt a Mitigation Monitoring and Reporting Plan, approve a Tentative Parcel Map 2022-133 (For Finance and Conveyance Purposes), approve a Vesting Tentative Tract Map No. 19263 (For Condominium Purposes), approve an Affordable Housing Unit Application, and approve a Site Development Permit – Major for the 4665 Lampson Project Located at 4665 Lampson Avenue (APN 130-012-35) to Allow Redevelopment of the Project Site with 246 Residential Units consisting of a variety of housing product types, including 55 single-family detached homes, 114 townhomes, and 77 for-rent multifamily apartment homes comprised of 76 units restricted to lower income and one unrestricted manager’s unit (the “Project”).

RECOMMENDATION

1. Open the Public Hearing; and,

2. Take testimony; and,
If appropriate,

3. Adopt Resolution No. 2024-44, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS ALAMITOS, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL

IMPACT REPORT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PLAN FOR THE 4665 LAMPSON PROJECT LOCATED AT 4665 LAMPSON AVENUE (APN 130-012-35) TO ALLOW REDEVELOPMENT OF THE PROJECT SITE WITH 246 RESIDENTIAL UNITS (APPLICANT: LAMPSON PARK PLACE, LLC)”; and,

4. Adopt Resolution No. 2024-45, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2022-133 (FOR FINANCE AND CONVEYANCE PURPOSES) AND VESTING TENTATIVE TRACT MAP NO. 19263 (FOR CONDOMINIUM PURPOSES) FOR THE 4665 LAMPSON PROJECT LOCATED AT 4665 LAMPSON AVENUE (APN 130-012-35) TO ALLOW REDEVELOPMENT OF THE PROJECT SITE WITH 246 RESIDENTIAL UNITS (APPLICANT: LAMPSON PARK PLACE, LLC)”; and,

5. Adopt Resolution No. 2024-46, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING AN AFFORDABLE HOUSING UNIT APPLICATION FOR THE 4665 LAMPSON PROJECT LOCATED AT 4665 LAMPSON AVENUE, IN THE MULTI-FAMILY RESIDENTIAL (R-3) ZONING DISTRICT (APN 130-012- 35) TO ALLOW REDEVELOPMENT OF THE PROJECT SITE WITH 246 RESIDENTIAL UNITS, INCLUDING 76 AFFORDABLE MULTI-FAMILY APARTMENT HOMES (APPLICANT:

LAMPSON PARK PLACE, LLC)”; and,

6. Adopt Resolution No. 2024-47, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING A SITE DEVELOPMENT PERMIT – MAJOR FOR THE 4665 LAMPSON PROJECT LOCATED AT 4665 LAMPSON AVENUE, IN THE MULTI-FAMILY RESIDENTIAL (R-3) ZONING DISTRICT (APN 130-012-35) TO ALLOW REDEVELOPMENT OF THE PROJECT SITE WITH 246 RESIDENTIAL UNITS (APPLICANT:

LAMPSON PARK PLACE, LLC)”.

BACKGROUND
Applicant: Lampson Park Place, LLC
Project Location: 4665 Lampson Avenue, APN 130-012-35
Notice: On November 6, 2024, a Notice of Public
Hearing was posted at City Hall. It was also
published in the Event News Enterprise and
public notices were mailed out to all property
owners and tenants within 1,000 feet of the
property and all of the College Park East
neighborhood of Seal Beach on this same
date.

Environmental: The City has complied with the California Environmental Quality Act (CEQA). Pursuant
to the provisions of the CEQA, an
Environmental Impact Report (“EIR”) was
prepared, which led to the conclusion that a
Statement of Overriding Considerations be
prepared for the Project due to potentially
significant and unavoidable impacts related to
transportation.

As stated by the CEQA Guidelines §15002, the basic purpose of CEQA is to:
• Inform governmental decision-makers and the public about the potential significant environmental effects of proposed activities involving discretionary government actions (including the approval of development projects);
• Identify the ways that environmental damage can be avoided or significantly reduced; • Prevent significant, avoidable damage to the environment by requiring changes in

projects by alternatives or mitigation measures when the governmental agency finds the changes to be feasible and;
• Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved.

An EIR is an informational document prepared in compliance with CEQA that informs government decision-makers and the public in general about potentially significant environmental impacts that could result from a project. The final EIR represents the independent judgment of the City of Los Alamitos (as the CEQA Lead Agency) and objectively evaluates the physical environmental effects that could result from the construction and operation of the proposed 4665 Lampson Avenue Project.

The purpose of an environmental impact report is to identify potential effects on the environment of the Project and to indicate the manner in which those potentially significant effects can be avoided or mitigated. A primary function of the environmental impact report is to disclose and evaluate the project's impacts and inform decision makers. To meet the 45-day circulation requirement, a notice of availability regarding the draft EIR was published on April 24, 2024, and the draft EIR was circulated from April 24 to June 10, 2024 (SCH#2022090476).

Together, the draft Environmental Impact Report (“DEIR”), its revisions, the comments of persons and organizations commenting on the DEIR and a list of all such persons and organizations, the responses to the comments, and other information added by the City constitute the final Environmental Impact Report (“FEIR”) on the Project.

The EIR prepared for the Project demonstrates that the proposed Project will not cause any significant on-site environmental damage. This project is on property that has already been designated as an area for residential units, and there is no sensitive fish or wildlife habitat on site. The site was previously graded for the construction of the existing commercial building.

Regarding potential off-site traffic or transportation impacts, project components and mitigation measures available to reduce vehicle miles traveled (VMT) include developing pedestrian network improvements and implementing travel demand model (TDM) measures such as those listed in Mitigation Measure MM 4.15-1. Even where the TDM measures are implemented to their maximum effectiveness of 10%, the Project would still not be able to reduce its VMT impact to a level of less than significant, which requires a 31.8% reduction for baseline (2022) conditions and 27.7% for buildout (2045) conditions. Therefore, the Project is found to have a significant and unavoidable VMT impact on a direct and cumulatively considerable basis. All feasible mitigation measures were incorporated to reduce VMT impacts per measures identified in the 2021 California Air Pollution Control Officers Association (CAPCOA) Handbook; however, even with the incorporation of all feasible mitigation measures, impacts would remain significant and unavoidable.

As described above, even with the incorporation of mitigation measures from the EIR into the conditions of project approval, this potential VMT impact remains significant and unavoidable and would not be mitigated to a less than-significant level. Per Public Resources Code section 21081(a)(3) and CEQA Guidelines Section 15093, specific economic, legal, social, technological, or other considerations make infeasible additional mitigation. Pursuant to the

CEQA, with respect to the identified significant unavoidable environmental effects of the Project, the Planning Commission would weigh the economic, legal, social, technological, and other benefits, including region-wide and statewide environmental benefits, of the Project against its unavoidable significant environmental impacts in determining whether to recommend approval of the Project. The Planning Commission would need to find that the benefits of the Project outweigh its unavoidable adverse environmental effects such that the adverse environmental effects may be considered “acceptable.” Despite the potentially significant impacts, it is the City's considered judgment that the benefits offered by the proposed 4665 Lampson Avenue Project outweigh the potentially adverse effects. Each of the overriding considerations and Project benefits identified below separately and individually outweighs the unavoidable adverse environmental effect (VMT) identified in the EIR, and the City, therefore, finds the impact to be acceptable. Substantial evidence in the record demonstrates that approval and implementation of the Project will provide the benefits as described in detail in the Statement of Overriding Considerations, which is incorporated by reference herein. Each of the separate benefits listed below provides a separate and independent ground for the City’s decision that the Project’s benefits outweigh the significant and unavoidable environmental impact identified in the EIR:
• The Project furthers the City's housing goals and contributes to the City's RHNA requirements in accordance with State Housing Law. The Project site is identified within the City's 2021-2029 Housing Element, and the Project would provide 246 units (including 76 affordable), approximately 32% of the City's total RHNA allocation of 769 units and 24.6% of the City's affordable housing allocation. This would also be the first affordable housing Project the City has approved in approximately 30 years. • The Project would reduce commute travel and in turn reduce VMT and GHG Emissions consistent with SCAG Connect SoCal and the City’s General Plan Goals and Policies. • The Project implements green and sustainable building practices, including the installation of solar photovoltaic rooftops (generating up to 1,229,520 kWh/annually). • The Project will provide community and social benefits. In addition to the high-quality architectural design, site programming, and on-site amenities for residents, the Project includes dedicating or granting an easement area of approximately 10,000 sf of the Project site to provide parking for Arbor Park and Arbor Dog Park. • The Project will provide economic benefits, including a positive net fiscal impact on the City's annual General Fund operating budget and an increase in local and regional tax revenues, including sales and property taxes.

If approved, a Notice of Determination will be prepared for the proposed Project in accordance with the CEQA.

Prior CEQA Review:

The Project site is located within the geographical limits of the City of Los Alamitos and is covered by the City’s 2035 General Plan Update (GPU), which provides the fundamental basis for the City’s land use and development policies. The City’s GPU was the subject of a review under CEQA (State Clearinghouse Number 2013121055). The City of Los Alamitos approved the GPU and certified its Final Program EIR on March 23, 2015. The Program EIR contains information relevant to the Project site. Thus, the Program EIR for the City’s GPU is herein

incorporated by reference pursuant to CEQA Guidelines Section 15150 and is available for public review at the City of Los Alamitos, Planning Division, 3191 Katella Avenue, Los Alamitos, CA 90720.

On February 21, 2023, the Los Alamitos City Council adopted the comprehensive update of the City’s Housing Element for the reporting period of 2021-2029 (Resolution No. 2023-02).

Upon adoption of the City’s 2021-2029 Housing Element Update, the City Council adopted Resolution No. 2023-01 approving General Plan Amendment (GPA) 22-02 to ensure that the zoning code updates in Ordinance 2023-1 will maintain internal consistency with the actions, goals, objectives, and policies of the General Plan and will not create any inconsistencies therein. A Negative Declaration was prepared for the 2021-2029 Housing Element Update pursuant to the provisions of CEQA, and the record of the approval is available to the general public at the address stated above.

On March 20, 2023, the City Council adopted Ordinance 2023-01 which approved a MultiFamily Residential - 36 Zone (R-4) Zoning District in the City, amended the Town Center Mixed Use Zone, and rezoned certain properties to the R-3 and new R-4 Districts. Following adoption of the resolution and ordinance in connection with the 2021–2029 Housing Element update, the Project site land use designation was changed from Community & Institutional to Multi-Family Residential-25 and was rezoned from C-F (Community Facilities) to Multi-Family Residential-25 Zone (R-3).

Project and Applications Summary:

Lampson Park Place, LLC, has submitted applications for a Tentative Parcel Map (TPM 2022- 133), a Vesting Tentative Tract Map (VTTM No. 19263), Affordable Housing Units, and a Site Development Permit – Major for the 4665 Lampson Project located at 4665 Lampson Avenue (APN 130- 12- 35) to allow redevelopment of the Project site with 246 residential units (see attached site plan).

The Project Applicant, Lampson Park Place, LLC, proposes to demolish the existing office building and surface parking lot on the 12.3-acre property and redevelop the Project site with a residential development consisting of a variety of housing product types, including single-family homes, townhomes, and apartments. The unit mix proposes 55 single family detached homes, 114 townhomes in 18 buildings, and 77 for rent multi-family apartment homes in three buildings comprised of 76 units restricted to lower income and one unrestricted manager’s unit.

The Project would include a total of 246 units and the overall density for the Project would be 20 dwelling units per acre. Vehicle access to the Project site would be provided via two driveways on Lampson Avenue, one for the apartment entry on the western side and one for the primary neighborhood entry central to the site. The Project would provide 577 parking spaces (475 spaces for the single-family detached and townhomes and 102 for the apartments) in exceedance of the 441 parking spaces that would be required pursuant to the State’s Density Bonus Law.

On October 23, 2024, the City of Los Alamitos Planning Commission voted 7-0 to approve separate recommendations to the City Council for the four discretionary approvals to be considered tonight. Those recommendation resolutions are attached to this report.

DISCUSSION

Project Location
The Project site is located at 4665 Lampson Avenue, in the City of Los Alamitos, County of Orange (Assessor Parcel Number 130-012-35). Specifically, the 12.3-acre Project site is north of and adjacent to Lampson Avenue and northwest of the intersection of Lampson Avenue and Rose Street.

Aerial View of Site (DEIR Figure 3-3)
Existing Site Conditions
In 1971, the Project site was developed with the existing commercial structure on the central portion, a parking lot on the west portion, and landscaped areas on the remainder. The site has remained in this configuration through the present. Under existing conditions, the Project site is currently developed with a vacant two-story, 88,000-square-foot commercial office building located centrally within the Project site and a surface parking lot located within the western portion of the Project site. A boat storage area that is fenced off and a shipping container is located in the northwest corner of the property. AYSO uses the abutting Arbor Park (north of the Project) on weeknights and weekends for soccer practice and games, utilizing the existing paved parking lot on the Project site for overflow parking.

Site Land Use Designation and Zoning Classification
The Project site’s land use designation is “Multi-Family Residential-25,” which is defined as single-family detached and attached residences, including all development permitted in other residential categories, stacked flats, and other building types with 4 or more units. Other uses,

such as convalescent hospitals, churches, and mobile home parks, are also permitted, subject to special procedures.

The Project site’s zoning classification is “Multi-Family Residential (R-3)”. The R-3 zone applies to lots intended to provide multifamily housing. Housing types permitted include those permitted in the R-1 and R-2 zones, as well as structures containing four or more dwelling units. The maximum permitted density is 20 to 25 dwelling units per net acre. The R-3 zone implements the General Plan Multi-Family Residential land use designation.

Surrounding Designations and Uses
Direction from
Project Site
Existing Land Use &
Jurisdiction
General Plan
Land Use
Designation
Zoning
North Arbor Park & Los
Alamitos Joint (JFTB)
Community &
Institutional/JFTB
C-F (Community
Facilities)
South Residential College
Park East City of Seal
Beach
Residential Low
Density (RLD)
RLD-9
West JFTB Community &
Institutional/JFTB
C-F (Community
Facilities)
East Navy Golf Course,
JFTB
Community &
Institutional/ JFTB
C-F (Community
Facilities)
Below is the Site Plan for this proposed project (plans are attached/linked to this report).

Parks, Open Space, Landscaping, and Amenities
There is a total of 316.83 acres of park and recreation facilities in Los Alamitos and 35.05 acres of park and recreational facilities in Rossmoor, for a total of 351.8 acres to meet the recreational needs of the City’s residents. As proposed, the Project would provide a total of 58,027 square feet (sf) or 1.33 acres of open space on the Project site, including 16,508 sf of usable common open space, 41,519 sf of private open space (homeowner maintained). The usable common open space areas would include amenities such as a tot-lot with rubberized play surface, a shade surface with BBQ Island and dining furniture, lawn area with cornhole play equipment, table tennis tables, and lounge seating with a fire-pit. There are also 4,620 sf of multifamily private decks and 5,181 sf of townhomes private decks that would be provided onsite. The Project has been designed with these enhanced recreational amenities to meet the needs of its future residents.

Although the designed neighborhood open space areas are anticipated to meet many of the park and recreation needs of Project residents, Project residents are also anticipated to utilize existing off-site park and recreation facilities in the City of Los Alamitos, the community of Rossmoor, and the City of Seal Beach Park. Future residents of the Project site would also have access to (within walking distance) the following public park and recreational facilities, which comprise just over 14 acres of usable parkland and open space:
• Arbor Park, located directly north of the Project site, is currently leased by the City of

Seal Beach from the JFTB and includes a baseball diamond within its approximately

9.60-acre site.
• Arbor Dog Park, located directly north of the Project site, includes a dog park currently leased by the City of Seal Beach from the JFTB for its residents within its approximately

1.40-acre site.
• Orville R. Lewis Park, located approximately 1 mile northwest of the Project site, includes a grass area, baseball backstop, basketball court, play area, barbecue, picnic shelter and tables, and drinking fountain within its approximately 1.65-acre site. • Heather Park, located approximately 350 feet southwest of the Project site, includes two lit tennis courts, one tot lot/play structure, one swing set, and four picnic tables within its approximately 1.6-acre site.

The Project also includes a dedication or easement for the northerly 10-foot strip of land abutting Arbor Park and Arbor Dog Park for public access and parking, comprising an area of approximately 10,000 sf of the Project site (Condition No. 14).

Based on the Project’s Parks Impact Analysis, it is anticipated that a negligible amount of Project residents will regularly visit parks near the Project site. Specifically, a total of 178 Project residents would visit the designed neighborhood open spaces within the Project site and 131 Project residents would visit Arbor Park, Arbor Dog Park, and Heather Park as the parks they visit most often.

Open Space Plan
Landscape Plan

The carrying capacity of Arbor Park and Heather Park would be 337 visitors, and there is no calculation for the carrying capacity of Arbor Dog Park. Because the projected number of Project visitors to these parks is well within the carrying capacity, there is sufficient capacity at existing nearby neighborhood parks to accommodate the Project residents. With full occupancy of the Project, the designed neighborhood open spaces within the Project site, the capacity and existing maintenance and usage of existing parks, and the estimated visitation of the Project residents to the existing parks, the Project is not anticipated to increase the use of the existing parks such that substantial additional use or physical deterioration of the existing parks would occur or be accelerated.

Additionally, the Project Applicant will be required to pay in-lieu fees in accordance with the City’s park dedication requirements under Chapter 16.18 (Dedication of Land for Park Facilities and Payment of In Lieu Fees) of the City of Los Alamitos Municipal Code (Condition No. 29).

Also, a variety of trees, shrubs, accent plants, and ground cover are proposed along the perimeter of the Project site, in common areas, recreational amenities, open space areas, and parking areas. Landscaping will feature drought-tolerant plant materials.

LAMC Section 17.08.030, Table 2-03 requires a minimum of 200 square feet of common area and 60 square feet of private space per unit. The Project will be able to comply with the minimum private space requirement, yet the Project will not be able to comply with the

common area requirement. Pursuant to the Density Bonus Law, the Applicant is requesting a reduction from 200 to 150 square feet per unit. (Government Code Section 65915).

Parking
The Project would provide 577 parking spaces (475 spaces for the single family detached and townhomes and 102 for the apartments) in exceedance of the 441 parking spaces that would be required pursuant to the State’s Density Bonus Law.

As part of the Project, Walker Consultants prepared a parking analysis (Technical Appendix P of the Draft EIR) to determine the appropriate amount of parking needed for the Project. Based on the City’s off-street parking requirements in the Municipal Code, the Project would be required to provide 679 parking spaces. However, because the Project includes an affordable housing component, it is entitled to the reduced parking ratios outlined in the State Density Bonus Law (Government Code Section 65915), which would reduce the Project’s minimum offstreet parking requirement to 441 parking spaces. The Project is proposing to provide 557 parking spaces, 26% above what is required under the State Density Bonus Law. Moreover, the City of Seal Beach has lower parking requirements for multi-family dwelling units than the City of Los Alamitos. Under the City of Seal Beach’s Municipal Code Section 11.4.20.015, a total of 472.29 parking spaces would be required, inclusive of guest parking.

As discussed above, the Project would provide 577 parking spaces and exceed the City of Seal Beach’s parking standards by 84 spaces. Therefore, the Project would provide more than adequate parking based on nationally recognized Urban Land Institute/National Parking Association Standards for market-rate residential development and would meet the minimum parking requirements of the City of Seal Beach, the adjacent jurisdiction. Based on the analysis conducted in the parking analysis, the Project’s proposed parking supply is appropriate to serve the potential parking needs of the Project. As a result, Project residents would have adequate parking on-site and would not park on streets in the adjacent neighborhood.

Table 3, 4665 Parking Requirements Based on State Density Bonus Law Appendix P, Draft EIR (Walker Consultants; January 30, 2023)

Architectural Features and Materials
The proposed residential buildings would range from two to three stories, and the maximum building height for the Project is 41 feet. Los Alamitos Municipal Code (LAMC) Sections

17.08.030 and 17.16.040 govern maximum building height, height measurement, and exceptions. According to LAMC Section 17.16.040.B certain building elements may exceed the allowed height of the zone in which they are located, up to an additional 6 feet above the maximum height limit (maximum height limit of 41 ft). These building elements include plumbing vents and chimneys, fire and parapet walls, roof structures for the housing of air conditioners, elevators, stairways, tanks, ventilating fans, and similar equipment, and skylights.

As proposed, the typical single-family dwelling ranges from 25.9 feet to 36 feet in height, the typical townhomes are approximately 35.5 to 37 feet in height, and the typical multifamily building is approximately 37 to 39 feet in height.

The typical architectural materials of single-family dwelling units include a composite shingle roof (no rake tile), a metal roof (standing seam), faux wood, a French door, vinyl windows, a decorative fiberglass entry door, and a cantilever built-up deck/balcony.

Typical Single-Family Dwelling Elevations

The typical townhome unit's architectural materials include a composite shingle roof, stucco light sand finish, faux wood trim, decorative faux vent, barge board, decorative gable end outlook, vinyl windows, wood railing, decorative fiberglass entry door, and metal utility door.

Typical Townhome Elevations
The typical architectural materials of multifamily units include stucco, vertical siding, composite shingle roof, decorative gable end outlook, vinyl windows, metal sectional garage door, and stone veneer.

Typical Multi-Family Elevations

Public views of the townhomes and clustered homes from Lampson Avenue would consist of two-story to three-story buildings, parked cars, landscaping, and residents.

Lampson Street Scene
Walls and Fencing
Walls and fencing would be provided throughout the Project site to provide visual and physical privacy, sight lines for views, buffering between different uses, and to allow for privacy and

security in residential areas. As shown in EIR Figure 3-20, Wall and Fence Plan (see below), a 7-foot-high concrete wall would be constructed around the Project’s perimeter and between the apartments and single-family detached homes/townhomes. Vinyl fencing (5’-6” high) would be constructed around the single-family detached homes and a 3’-6” high stucco concrete patio wall would be constructed around the patio areas of the townhomes. Additionally, a 4-foot-high combo metal guard-rail fencing would be constructed on the northern portion of the eastern boundary of the Project site.

Wall and Fence Plan
Water
Golden State Water Company (GSWC) would provide potable water service to the Project site.

Water demand associated with the Project would consist of interior plumbing devices (i.e., showers, sinks, toilets, faucets), outdoor landscape irrigation, washers, and other uses similar to that of a residential development. Based on the available water supplies and the estimated water demand, sufficient water supplies are available to serve the Project during average, single dry, and multiple dry years. The Project would not require the construction of new or expanded water facilities, nor would the Project require the relocation of water facilities. The Project would include the installation of new water lines within the Project site, connecting to existing facilities within Lampson Avenue, including a 1,200-foot water main extension between the eastern driveway and the existing GSWC water main at the intersection of Lunar and Lampson.

Wastewater (Sewer Infrastructure)

The results from the Sanitary Sewer Analysis (refer to Technical Appendix O of the Draft EIR) demonstrate that the proposed flows, in addition to the observed flows, create a proposed depth of flow that would not impact the existing surrounding sanitary sewer systems. Based on sewer monitoring data collected in preparation of the Sanitary Sewer Analysis, the sewer systems in all three locations indicated good flow, along with hydraulics and relatively low depths. Wastewater volumes produced by the proposed development would not significantly impact or exceed the existing sewer capacity in the public system, and that the existing sewer system has adequate capacity for the proposed development.

Stormwater Drainage
The Hydrology Study (Technical Appendix I3 of the Draft EIR) prepared for the Project demonstrated that the Project’s peak hour flows would not exceed the existing condition flows.

As proposed, the Project site’s stormwater runoff would be conveyed by roof downspouts or street surface flow to the proposed gutters and collected by through-curb inlet bio-filtration devices or catch basin inlets for water quality treatment. The bio-filtration devices include internal overflow bypass that direct flows via on-site underground storm drain system to an underground detention system located under parking areas at the southwest portion of the Project site. From the detention system, a stormwater sump pump located in the southwest corner of the Project site would outlet flow into the existing 18” outlet storm drainpipe at the southwest corner of the site, which conveys stormwater runoff to Los Alamitos Joint Forces Training Base (JFTB) property directly west of the site. The detention system and pump would be sized so that the outlet flows from the developed site will be equal to, or less than, existing conditions for all storm events. In the event the stormwater pump fails or the outlet pipe becomes clogged, the emergency overflow for the site will be conveyed through a parkway drain discharging flow onto Lampson Avenue, matching historical drainage patterns.

WQMP
Pursuant to the LAMC Chapter 8.44, the Project Applicant would be required to implement a Water Quality Management Plan (WQMP) to demonstrate compliance with the City’s National Pollutant Discharge Elimination System (NPDES) municipal stormwater permit, and to minimize the release of potential waterborne pollutants, including pollutants of concern for downstream receiving waters. The WQMP is a site-specific post-construction water quality management program designed to address the pollutants of concern of a development project via BMPs, the implementation of which ensures the ongoing protection of the watershed basin.

The Project’s preliminary WQMP is included as Technical Appendix I2 appended to the EIR.

As identified in the Project’s preliminary WQMP, the proposed Project is designed to include evapotranspiration, rainwater harvesting BMPs, biotreatment BMPs, non-structural source control BMPs, and structural source control BMPs. The Project site would be divided into seven (7) Drainage Management Areas (DMA). Each drainage area would have an area drain system to convey runoff from landscape and roof drainage along curb inlet Modular Wetlands Systems to intercept surface runoff from surrounding walkways and drive aisles. The area drain system design would be determined during final engineering and would connect directly to the proposed water quality treatment devices. Non-structural source control BMPs include education for property owners, tenants and occupants, activity restrictions, common area landscape management, BMP maintenance, title 22 CCR compliance, uniform fire code implementation, common area litter control, employee training, common area catch basin inspection, and street sweeping private streets and parking lots. Structural source control

BMPs include storm drain system stenciling and signage, trash and waste storage areas, efficient irrigation systems & landscape design, water conservation, smart controllers, and source control.

Solar & KW hours
The City of Los Alamitos receives electrical service from the Southern California Edison Company (SCE), and SCE would supply the Project's operational energy demands. The Project does not propose uses that are inherently energy intensive, and the energy demands in total would be comparable to those of other residential uses of similar scale and configuration. No new or expanded off-site dry utilities are required to serve the Project.

As summarized in EIR Table 4.5-2, Project Annual Operational Energy Demand Summary, operations for the Project would result in approximately 1,131,132 kWh of electricity annually and would offset the demand through the use of on-site photovoltaic solar power which is expected to generate 1,229,520 kWh of electricity annually (PDF-GHG-1), resulting in a net electricity demand of 98,388 kWh/year of electricity. This is consistent with General Plan Policy

4.9, Renewable Energy, to promote the use of renewable energy sources to serve public and private sector development.

Noise
To address the proximity of the Los Alamitos JFTB, the Project will implement sound attenuation methods to ensure the interior CNEL does not exceed 45 dB. For example, the Project will provide mechanical ventilation (e.g. air conditioning) in all units. In addition, with implementation of PDF-N-2, which includes the use of windows with a STC rating of 29 on all second-floor facades adjacent to Lampson Avenue and JFTB Los Alamitos, the Project would be designed to achieve a 25 dBA reduction and meet the 45 dBA CNEL interior noise standard. As designed, the Project would not expose people residing or working in the Project area to excessive noise levels from airport or aircraft operations. Furthermore, as conditioned, the Applicant will be required to notify purchasers and renters that the Project site is within an airport influence area and may experience annoyances or inconveniences associated with proximity to airport operations (Condition No. 15).

Condominiums
The Project includes Tentative Parcel Map No. 2022-133 and Vesting Tentative Tract Map No. 19263. Tentative Parcel Map No. 2022-133 (for finance and conveyance purposes) would subdivide the property into two parcels: 1) Parcel 1 (2.204 acres) for the affordable housing component and 2) Parcel 2 (10.163 acres) for the single family detached and townhome component. The 77-unit apartment home component, including 76 units reserved for lower income households, will be established on Parcel 1, and the Vesting Tentative Tract Map would be proposed on the Parcel 2 and would be used for condominium purposes. Therefore, the Project would not conflict with General Plan Policy 4.10 related to subdivisions of land.

Under this policy, the City encourages further land divisions resulting in parcel sizes that facilitate multifamily development affordable to lower income households. The City offers incentives for land division encouraging the development of affordable housing including but not limited to: priority to processing subdivision maps that include affordable housing units, expedited review for subdivision of larger sites, and financial assistance. The objective of this policy is to facilitate land subdivisions for affordable housing development.

Pursuant to LAMC section 17.28.110, Condominiums – Residential and Residential Conversions, the proposed Project furthers the goals of the General Plan, provides a balanced mix of housing, and ensures the form of ownership and occupancy complies with applicable laws for the general health, safety, and welfare of the public. This section allows new residential condominium projects in all residential zones at densities applicable to the zone in which the project is located, subject to the approval of tentative and final tract or parcel maps as may be required by law and any development permits required for multi-family housing in the zone in which the new project is located.

As proposed, the Project complies with the requirements of this section, with the requirements of LAMC Title 16 (Subdivisions), and with the basic purpose of the State Subdivision Map Act.

The Project would also comply with applicable building and fire codes in effect at the time of construction. Furthermore, the Project incorporates Project Design Feature (PDF) N-2 that would reduce potential noise impacts for future residents.

Pursuant to the Density Bonus Law, the Applicant has requested concessions and waivers regarding the Condominium and/or zoning district requirements for the setback distance between structures, building step-back requirements, minimum storage space, common area requirements, and reduced parking ratio. See Affordable Housing Units and State Density Bonus Law below for additional details.

Affordable Housing Units
As proposed and conditioned (Condition Nos. 16 - 23), the Project would include 77 multifamily units comprising seventy-six (76) units restricted to lower income and with one unrestricted manager’s unit. The affordable units would be rented to lower-income households as defined in Section 50079.5 of the California Health and Safety Code for a period of no less than 55 years at rents that do not exceed the maximum rent for 80% of income level units for that size unit in Orange County. There will be a priority preference for veterans and those who currently live and work in Los Alamitos.

State Density Bonus Law
The State Density Bonus Law (Government Code Section 65915 et seq.) (collectively, “Density Bonus Law” or “DBL”) and Los Alamitos Municipal Code (LAMC) Section 17.28.050 (Affordable Housing) entitles applicants to a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios to encourage the construction of affordable housing units. The Project qualifies for three incentives/concessions and unlimited waivers or reductions of development standards by providing 76 units for lowerincome households.

1. Density Bonus
A maximum base density of 25 units per acre is allowed in the Multi-Family Residential R-3 zone pursuant to Section 17.08.030 of the LAMC, which yields 308 multi-family units for the

0.23-acre lot. With the inclusion of 76 units for lower-income households, the Project is providing 24% of its base density for affordable housing. Thus, pursuant to the Density Bonus Law, the Applicant is entitled to a Density Bonus of up to 50%, or up to 154 additional units, for a total development potential of 462 units. While entitled to the aforementioned Density Bonus, the Applicant is proposing a total of 246 residential units, less than the maximum 308-unit base density.

2. Concessions and Waivers
A “concession or incentive” includes a reduction in site development standards or a modification of zoning code requirements or architectural design requirements, approval of mixed-use zoning in conjunction with a housing project, and other regulatory incentives or concessions that result in a reduction in affordable housing costs. The DBL provides that a city must grant a proposed concession or incentive unless it makes a written finding, based upon substantial evidence, that the concession or incentive: (1) does not result in identifiable and actual cost reductions to provide for affordable housing costs for the targeted units; (2) would have a specific, adverse impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households; or (3) would be contrary to state or federal law. The DBL provides that an applicant is entitled to three “incentives or concessions” if it offers to restrict at least 24% of the housing units for lower households. The Project would provide 76 units for lower-income households, or 24% of the base density, making the Project eligible for three incentives/concessions. The Applicant, however, is proposing only two concessions, as follows:
a. Exception for building step-back requirements. LAMC Section 17.08.045.A.1 requires that for buildings higher than two stories, the third story must have a minimum 5-foot step back from the story below to minimize building bulk and create façade articulation.

This requirement appears to govern regardless of building location within a project site or surrounding land uses. While the City interprets this requirement as applying only to perimeter buildings (i.e., buildings that are located along the perimeter of a Project site), given the requirement’s ambiguity, the Applicant is requesting an exception from the required minimum 5-foot step back requirement for those structures identified on the site plan.
b. Reduction in minimum storage space. LAMC Section 17.08.030, Table 2-03, requires a minimum storage space in a garage or carport of 200 cubic feet per unit. However, because garage and carport space is limited, this requirement will be difficult to satisfy for certain units within the project. As such, the Applicant is requesting that the minimum storage space requirement be reduced to 175 cubic feet per unit for market-rate units and 50 cubic feet per unit for affordable units identified on the site plan.

3. Waivers or Reductions in Development Standards
The DBL provides that, in addition to a density bonus and concessions or incentives, an applicant may propose waivers or reductions of development standards that will have the effect of physically precluding the construction of the proposed development, with the required density bonus and concessions or incentives permitted by the DBL. Similar to a concession or incentive, a city must waive or reduce a development standard that would physically preclude construction of the proposed development unless the waiver or reduction: (1) would have a specific, adverse impact upon health or safety, and for which there is no feasible method to mitigate or avoid the specific adverse impact satisfactorily; (2) would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or (3) would be contrary to state or federal law. The proposed project incorporates the following two (2) waivers or reductions of development standards, which the applicant contends would

physically preclude construction of the project as proposed:
a. Reduced common area requirement. LAMC Section 17.08.030, Table 2-03 requires a minimum 200 square feet of common area and 60 square feet of private space per unit.

The Project will be able to comply with the minimum private space requirement, but the Project will not be able to comply with the common area requirement. This is due to the proposed dedication or grant of an easement related to the northerly 10 feet strip of land abutting Arbor Park and Arbor Dog Park, which comprises an area of approximately 10,000 square feet of property. When this area is dedicated to the City, then the Project will be unable to comply with the common area requirement because compliance with this requirement would physically preclude construction of the Project at the densities allowed and with the concessions described above. Therefore, the Applicant is requesting a reduction in the common area requirement from 200 to 150 square foot per unit.
b. Reduction in setback distance between structures. LAMC Section 17.08.030, Table 2- 03 requires a 10-foot minimum distance between structures. Though most of the Project’s single-family residential setback distances between structures meet or exceed the minimum distances, the setback distance is reduced to 6 feet at certain locations within the Project site plan. Meeting the required 10-foot minimum setback distance would require a significant change to the site plan and likely result in a reduction of residential units.

4. Parking Reduction Request
The Project would provide 577 parking spaces (475 spaces for the single-family detached and townhomes and 102 for the apartments), the DBL specifies that for housing developments that qualify for a density bonus the local government shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the following ratios:
(A) zero to one bedroom: one onsite parking space; (B) two to three bedrooms: one and onehalf onsite parking spaces; and (C) four and more bedrooms: two and one-half parking spaces.

The Applicant requests that the City require no more than 2.35 spaces per unit for a total of 577 parking spaces for the Project, which is significantly more than the 441 parking spaces that would be required pursuant to the State’s Density Bonus Law.

The Project Applicant would be required to provide proof of recording, prior to final map approval, that the 76 affordable units are required to be maintained as affordable units for a period not less than 55 years. This is in accordance with the State Density Bonus Law and described further in the Conditions.

The Applicant would be required to enter into a Regulatory Agreement with the City to memorialize the provision of lower-income housing and the granting of the requested Density Bonus Law concessions and waivers. Among other things, the Regulatory Agreement will require that veterans of the United States military and/or person(s) currently employed in or residing in the City of Los Alamitos be given preference in leasing the affordable units.

Findings
To recommend approval of a Tentative Parcel Map and Vesting Tentative Tract Map, the City Council must consider the following findings (LAMC § 16.10.100 and § 16.10.110). Staff

responds to each of these findings below.

1. The proposed maps are consistent with the City's General Plan:

Staff Response: The proposed maps allow for the site redevelopment with 246 residential units at a density of 20 dwelling units an acre which is within the General Plan multi-family residential land use designation of 20 – 25 units per acre. The proposed design of the Project subdivision is consistent with the applicable General Plan goals, policies, and implementation measures.

2. The design and improvement of the proposed subdivisions is consistent with the City's General Plan:

Staff Response: The design and improvement of the 246-unit project is suitable for residential development in the R- 3 Multi-Family Residential Zone and the subdivisions can be developed in compliance with the General Plan.

3. The site is physically suitable for the proposed type of development:

Staff Response: The site is physically suitable for a residential subdivision because the site is generally flat and will require minimal grading.

4. The site is physically suitable for the proposed density of development:

Staff Response: The 12.3-acre site is capable of supporting the development of the proposed 246 residential units. The proposed Project is at 20 dwelling units per acre, within the maximum that the City' s R- 3 zoning district allows at 25 dwelling units per acre under multi-family development.

5. The requirements of the California Environmental Quality Act (CEQA) have been satisfied:

Staff Response: Pursuant to the provisions of the CEQA, an Environmental Impact Report (“EIR”) was prepared which led to the conclusion that a Statement of Overriding Considerations be prepared for this Project. The purpose of an EIR is to identify potential effects on the environment of the Project and to indicate the manner in which those potential significant effects can be avoided or mitigated. A primary function of the EIR is to disclose and evaluate Project impacts and inform decision makers for the Project. In order to meet the 45-day circulation requirement, a notice regarding the draft EIR was circulated from April 24 to June 10, 2024 (SCH#2022090476).

6. The design of the subdivisions and proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife in their habitat:

Staff Response: The proposed subdivisions will not cause environmental damage as this is an infill project on property that already has been designated as an area for residential units and there are no fish or wildlife habitat on the site. The site was previously graded for construction of the existing commercial building.

7. The design of the subdivisions and the proposed improvements are not likely to cause serious public health problems:

Staff Response: The proposed subdivision design and improvements will not adversely affect the public health of the citizens of the City of Los Alamitos as the project is the type of use planned for this area; the residential project will be compatible with the single-family and multi-family residential uses in the area. The mitigations required by the CEQA document will ensure the safety of the Project's inhabitants and contribute to the community's health as a whole.

8. The design of the subdivisions and improvements will not conflict with public access easement(s) through the property:

Staff Response: The design of the subdivisions and the proposed improvements will not conflict with any existing telephone, street, and/or public utility easements. There are no public access easements through the property.

9. The design and improvements of the proposed subdivisions are suitable for the uses proposed, and the subdivisions can be developed in compliance with the applicable zoning regulations:

Staff Response: As conditioned, the Project will comply with applicable zoning regulations.

Pursuant to the State’s Density Bonus legislation, minor incentives, concessions, waivers, and/or reductions in development standards have been requested for reduction in setback distance between structures, exception for building step back requirements, reduction in minimum storage space, reduced common area requirement, and reduced parking requirement.

10. The discharge of waste into an existing community sewer system will not result in or add to a violation of existing requirements prescribed by the Regional Water Quality Control Board.

Staff Response: The discharge of wastewater from the subdivision into the sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board.

To recommend approval of a Site Development Permit, the City Council must consider the following findings (LAMC § 17.44.060). Staff responds to each of these findings, below.

1. The proposed project is allowed within the subject zone:

Staff Response: The property is designated and zoned for this type of development. The Project site has a land use designation of Multi-Family Residential - 25 and a zoning classification of Multi-Family Residential (R-3).

2. The proposed project complies with all of the applicable criteria identified in 17.44.030(B) (Application Processing, Filing, and Review—Generally):

Staff Response: The design and layout of the proposed residential units at 4665 Lampson Avenue is efficient, consistent with applicable City regulations and policies, and would not interfere with the use and enjoyment of neighboring residential developments, as the surrounding residential uses are comprised of single-family and multi-family. The location is appropriate for a 246-unit residential development that would be constructed in an architectural style that complements nearby homes. The Project will retain beautiful landscaping through the strength of a Homeowner's Association that will hire and maintain a maintenance crew. The Homeowner's Association will have regulations that are more exacting than the City' s Code concerning maintenance and parking. The location of the driveway ingress/egress access to the site would not create traffic or pedestrian hazards.

The design and layout of the 246 residential units at 4665 Lampson Avenue, as conditioned, is consistent with the development and design standards/guidelines. Pursuant to the State’s Density Bonus legislation and LAMC 17.28.050, minor incentives, concessions, waivers, and/or reductions in development standards have been requested for reduction in setback distance between structures, exception for building step back requirements, reduction in minimum storage space, reduced common area requirement, and reduced parking requirement.

3. The proposed project is in keeping with the character of the neighborhood in terms of the structure(s) general appearance:

Staff Response: The design of the 246 residential units would be in keeping with the neighborhood character and enhance the attractive, harmonious, and orderly development of the property. The design is in harmony with surrounding development and improves upon the City's architecture with quality detached single-family, townhome, and multi-family residential building design, extensive landscaping, and maintenance requirements.

4. The design of the proposed development will provide a desirable environment for its occupants and the visiting public as well as its neighbors through good aesthetic use of materials, texture, and color, and will remain aesthetically appealing and retain an appropriate level of maintenance:

Staff Response: The design of the 246 residential units would provide a desirable environment for its occupants, the visiting public, and its neighbors through good aesthetic use of materials, texture, landscaping, and color as described in the plan set. Site redevelopment would continue the attractive environment that the existing property previously enjoyed for years and maintain an appropriate level of maintenance, through the implementation of a homeowners' association and the use of covenants, conditions, and restrictions (see Condition Nos. 24 – 28).

5. The proposed development would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. (Ord. 19-03 § 3, 2019):

Staff Response: The 246 residential units provide for public health, safety, and welfare of the residential and business communities by providing more living options to the City rather than causing sprawl at the fringes of this metropolitan area. The buildings will meet all building code requirements. The mitigation measures identified in the Environmental Impact

Report prepared for the project would ensure the safety of the inhabitants of the project as well as other residents of Los Alamitos. Also, the 246 residential units would not depreciate property values in the vicinity, as the area is zoned for this type of use and it will improve the aesthetics of this residential neighborhood area (formerly a commercial and now vacant property).

FISCAL IMPACT
None.

Attachment: 1. Resolution No. 2024-44 - California Environmental Quality Act

2. Resolution No. 2024-45 - Tentative Parcel Map & Vesting Tentative Tract Map

3. Resolution No. 2024-46 - Affordable Housing Unit Application

4. Resolution No. 2024-47 - Site Development Permit

5. Conditions of Approval

6. Additional Comment Letters

7. Lampson Final Environmental Impact Report

8. Lampson Findings of Fact - Statement of Overriding Conditions

9. Affordable Housing & Density Bonus Applications

10. Architectural Plans

11. Architectural Plans Continued

12. A - Public Comment Letters

13. B - Vehicles Miles Traveled

14. C1 - Phase II Department of Toxic Substances Control - Page 9 Revision

15. C2 - EFI Response to Churchill Law Office

16. D - Aviation Consultant Resume

17. E - Updated Preliminary Water Quality Management Plan

18. E - Updated Hydrology Study

19. F - Updated Noise Impact Analysis

20. G - Traffic Analysis Appendices

21. G - Traffic Analysis

22. H - Safety Evaluation

23. I - Shade and Shadow Study

24. J - Preliminary Fire Access Exhibit

25. K - Utilities Will Serve Letters

26. L - Old Ranch Country Club Sewer Demand Calculations

27. M1 - Sanitary Sewer Analysis

28. M2 - Sanitary Sewer Flow Calculations

29. N - Historic Research for Moon Trees

30. O - Mitigation Monitoring and Reporting Program

31. PC RESO 2024-06 California Environmental Quality Act

32. PC RESO 2024-07 Tentative Parcel Map & Vesting Tentative Tract Map

33. PC RESO 2024-08 Affordable Housing Unit Application

34. PC RESO 2024-09 Site Development Permit

RESOLUTION NO. 2024-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT

REPORT, ADOPTING A STATEMENT OF OVERRIDING

CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING
AND REPORTING PLAN FOR THE 4665 LAMPSON PROJECT
LOCATED AT 4665 LAMPSON AVENUE (APN 130-012-35) TO
ALLOW REDEVELOPMENT OF THE PROJECT SITE WITH 246
RESIDENTIAL UNITS (APPLICANT: LAMPSON PARK PLACE, LLC)
WHEREAS, Lampson Park Place, LLC (“Applicant”) proposes to demolish the existing office building and surface parking lot on the 12.3-acre property located at 4665 Lampson Avenue (APN 130-012-35) and redevelop the site with a 246-unit residential development consisting of a variety of housing product types, including 55 single-family detached homes, 114 townhomes, and 77 for-rent multi-family apartment homes comprised of 76 units restricted to lower income households and one unrestricted manager’s unit (the “Project”); and,
WHEREAS, an Environmental Impact Report (“EIR”) for the Project, incorporated by reference herein, has been completed in compliance with the California Environmental Quality Act (“CEQA”), the guidelines promulgated by the State Secretary for Natural Resources, and the procedures for review as set forth in the 2007 City of Los Alamitos Guidelines for Implementation of the CEQA (Local CEQA Guidelines); and, WHEREAS, notice regarding the EIR for the Project was sent to neighboring property owners pursuant to the City's CEQA Guidelines, concerning the review period commencing April 24, 2024; and,
WHEREAS, copies of the EIR have been made available for a 45-day review period to pertinent agencies and interested members of the public, commencing on April 24, 2024; and,
WHEREAS, all written comment letters received within the 45-day public review period have been noted in the record, responded to by Staff, and none of the comments alter the conclusions in the EIR; and,
WHEREAS, changes to the EIR have been made that amplify and clarify the analysis; and,
WHEREAS, it has been determined that the proposed Project may potentially have significant effects on the environment, and revisions in the Project proposal would mitigate most of the effects to a point where clearly no significant effect would occur; and,

CC RESO 2024-44

WHEREAS, potential off-site impacts related to vehicle miles travelled (VMT) result in a significant and unavoidable VMT impact on a direct and cumulatively considerable basis, and the City has prepared a Statement of Overriding Considerations to demonstrate that the Project’s benefits outweigh the significant and unavoidable VMT impact identified in the EIR; and
WHEREAS, on September 25, 2024, the Planning Commission of the City of Los Alamitos held a duly noticed public hearing to review and consider the proposed Project, including the EIR and the Statement of Overriding Considerations. The Planning Commission recommended by resolution that the City Council certify the EIR, and adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Plan ("MMRP"); and,
WHEREAS, the City Council considered the certification of the EIR, and adoption of the Statement of Overriding Considerations and MMRP, attached hereto and incorporated by reference herein, at a duly noticed public hearing on October 21, 2024, at which hearing it considered all the evidence presented, both written and oral; and, WHEREAS, the Applicant, Applicant’s representatives and members of the public were provided the opportunity to present written and oral testimony.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct and are incorporated by reference herein.

SECTION 2. The City Council has reviewed and considered the environmental documentation as well as the conditions cited in Exhibit "A," for the Project prior to taking action. Based on the analysis contained in the EIR and the accompanying environmental information, in compliance with CEQA (Public Resources Code Section 21000, et seq., the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City's Local CEQA Guidelines, the City Council hereby certifies the EIR and adopts the Statement of Overriding Considerations and MMRP, incorporated by reference herein. In certifying the EIR and adopting the Statement of Overriding Considerations, the City Council finds as follows:

A. The EIR was prepared in accordance with all legal requirements, including all public notice and comment period requirements.

B. The CEQA requires preparation of an environmental impact report if there is substantial evidence in light of the whole record that the Project may have a potentially significant environmental effect on the environment. An environmental impact report was prepared which demonstrates that the proposed Project will not cause any significant onsite environmental damage as this is a Project on property that already has been designated as an area for residential units and there are no

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fish or wildlife habitat on site. The site was previously graded for the construction of the existing commercial building.

Regarding potential off-site impacts, Project components and mitigation measures available to reduce vehicle miles travelled (VMT) include developing pedestrian network improvements and implementing travel demand model (TDM) measures such as those listed in Mitigation Measure MM 4.15-1. Even where the TDM measures are implemented to their maximum effectiveness of 10%, the Project would still not be able to reduce its VMT impact to a level of less than significant which requires a 31.8% reduction for baseline (2022) conditions and 27.7% for buildout (2045) conditions. Therefore, the Project is found to have a significant and unavoidable VMT impact on a direct and cumulatively considerable basis. All feasible mitigation measures were incorporated to reduce VMT impacts per measures identified in the 2021 California Air Pollution Control Officers Association (CAPCOA) Handbook; however, even with incorporation of all feasible mitigation measures, impacts would remain significant and unavoidable.

C. The Project is consistent with the General Plan objectives, policies and programs. The proposed Project allows for the development of 246 residential units at a density of 20 dwelling units an acre which is within the General Plan multi-family residential land use designation of 20 – 25 units per acre. The proposed design and improvements of the 246 residential unit Project are consistent with the applicable General Plan goals, policies, and implementation measures.

D. The Project will not adversely affect the public health, safety and welfare. The proposed Project design and improvements will not adversely affect the public health of the citizens of the City of Los Alamitos as the Project is the type of use which is planned for in this area; the residential Project will be compatible with the single-family and multifamily residential uses in the area. The mitigation measures required by the CEQA document, along with the recommended Conditions of Approval, will ensure the safety of the inhabitants of the Project and will contribute to the health of the community as a whole.

E. The EIR identified potentially significant impacts to VMT which could result from the Project. Mitigation measures have been identified which reduce some of these impacts yet not to a level of less than significant. Even with incorporation of mitigation measures from the EIR into the conditions of Project approval, this impact is significant and unavoidable and would not be mitigated to a less than significant level. Per Public Resources Code section 21081(a)(3), specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible additional mitigation. Pursuant to the CEQA, with respect to the identified significant unavoidable environmental effects of the Project, the City Council has weighed the economic, legal, social, technological, and other benefits, including region-wide and statewide environmental benefits, of the

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Project against its unavoidable significant environmental impacts in determining whether to approve the Project. The City Council finds that the benefits of the Project outweigh its unavoidable adverse environmental effects such that the adverse environmental effects may be considered “acceptable.” A Statement of Overriding Considerations, incorporated by reference herein, was prepared and each of the separate benefits listed provides a separate and independent ground for the City’s decision that the Project’s benefits outweigh the significant and unavoidable environmental impact identified in the EIR.

F. The City has complied with the CEQA. Pursuant to the provisions of the CEQA, an EIR was prepared which led to the conclusion that a Statement of Overriding Considerations be prepared for this Project. The purpose of an environmental impact report is to identify potential effects on the environment of the Project and to indicate the manner in which those potential significant effects can be avoided or mitigated. A primary function of the environmental impact report is to disclose and evaluate Project impacts and inform decision makers for the Project. To meet the 45-day circulation requirement, a notice regarding the EIR was circulated from April 24 to June 10, 2024 (SCH#2022090476).

G. Together, the draft Environmental Impact Report (“DEIR”), the revisions to the DEIR, the comments of persons and organizations commenting on the DEIR and a list of all such persons and organizations, the responses to the comments, and other information added by the City constitute the final Environmental Impact Report (“FEIR”) on the Project.

H. No new significant information has been added to the EIR since circulation of the DEIR that would require recirculation of the EIR. Recirculation of the draft EIR is not required where the new information merely clarifies, amplifies or makes minor modifications to an adequate EIR. The information provided since the draft EIR meets those criteria. All the text revisions to the draft EIR provide clarification and additional detail. After considering all comments received on the draft EIR, the City of Los Alamitos has determined that the changes do not result in a need to recirculate the draft EIR.

I. The final EIR reflects the City of Los Alamitos’ independent judgement and analysis.

SECTION 3. Based on the entire record before the City Council, including the written and oral record and the findings set forth in the Resolution, the City Council hereby certifies the Environmental Impact Report, and adopts the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Plan, incorporated by reference herein, for the 4665 Lampson Project at 4665 Lampson Avenue, APN 130-012-35.

SECTION 4. The City Clerk shall forward a copy of this Resolution to the Applicant and any person requesting the same, and Staff shall file a Notice of Determination with the County Clerk.

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PASSED, APPROVED, AND ADOPTED this _____ day of ________ 2024. ________________________________
Jordan Nefulda, Mayor
ATTEST:
_________________________
Windmera Quintanar, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 21st day of October 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________ _______
Windmera Quintanar, MMC, City Clerk

RESOLUTION NO. 2024-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
2022-133 (FOR FINANCE AND CONVEYANCE PURPOSES) AND
VESTING TENTATIVE TRACT MAP NO. 19263 (FOR CONDOMINIUM
PURPOSES) FOR THE 4665 LAMPSON PROJECT LOCATED AT
4665 LAMPSON AVENUE (APN 130-012-35) TO ALLOW
REDEVELOPMENT OF THE PROJECT SITE WITH 246
RESIDENTIAL UNITS (APPLICANT: LAMPSON PARK PLACE, LLC)
WHEREAS, Lampson Park Place, LLC (“Applicant”) proposes to demolish the existing office building and surface parking lot on the 12.3-acre property located at 4665 Lampson Avenue (APN 130-012-35) and redevelop the site with a 246-unit residential development consisting of a variety of housing product types, including 55 single-family detached homes, 114 townhomes, and 77 for-rent multi-family apartment homes comprised of 76 units restricted to lower income households and one unrestricted manager’s unit (the “Project”); and,
WHEREAS, a completed application for a Tentative Parcel Map and a Vesting Tentative Tract Map was submitted by Lampson Park Place, LLC, on November 18, 2023, requesting to subdivide the Project site; and,
WHEREAS, the Project would include a total of 246 units and the overall density for the Project would be 20 dwelling units per acre. The Project would provide 577 parking spaces (475 spaces for the single-family detached and townhomes and 102 for the apartments) exceeding the 441 parking spaces that would be required pursuant to the State’s Density Bonus Law; and,
WHEREAS, the application included a tentative parcel map and a vesting tentative tract map as required by Section 16.06.030 (Tentative Parcel Maps) and Section

16.06.020 (Tentative Tract Maps) of the Los Alamitos Municipal Code (LAMC); and, WHEREAS, the Applicant shall offer a dedication in fee or an easement to the City of a 10-foot-wide strip of land (approximately 10,000 square feet) adjacent to Arbor Park for the purpose of public ingress, egress and access by vehicles and pedestrians and the parking of vehicles; and,
WHEREAS, on September 25, 2024, the Planning Commission of the City of Los Alamitos held a duly noticed public hearing to review and consider the proposed Project, including the Tentative Parcel Map and the Vesting Tentative Tract Map. The Planning Commission recommended by resolution that the City Council approve the Tentative Parcel Map and the Vesting Tentative Tract Map; and,

CC RESO 2024-45

WHEREAS, the City Council reviewed and considered the Tentative Parcel Map and the Vesting Tentative Tract Map, incorporated by reference herein, at a duly noticed public hearing on October 21, 2024, at which hearing it considered all the evidence presented, both written and oral; and,
WHEREAS, the Applicant, Applicant’s representatives and members of the public were provided the opportunity to present written and oral testimony.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct and are incorporated by reference herein.

SECTION 2. The City Council hereby makes the following findings as set forth in the Subdivision Map Act as well as those required by Los Alamitos Municipal Code (LAMC) Sections 16.10.100 and 16.10.110:

1. The proposed maps are consistent with the City' s General Plan. The proposed maps allow for the site redevelopment with 246 residential units at a density of 20 dwelling units an acre which is within the General Plan multi-family residential land use designation of 20 – 25 units per acre. The proposed design of the Project subdivision is consistent with the applicable General Plan goals, policies, and implementation measures.

2. The design and improvement of the proposed subdivisions is consistent with the City's General Plan. The design and improvement of the 246-unit Project is suitable for residential development in the R-3 multifamily residential zone and the subdivisions can be developed in compliance with the General Plan.

3. The site is physically suitable for the proposed type of development. The site is physically suitable for a residential subdivision because the site is generally flat and will require minimal grading.

4. The site is physically suitable for the proposed density of development. The 12.3- acre site is capable of supporting the development of the proposed 246 residential units. The proposed Project is at 20 dwelling units per acre, within the maximum that the City's R- 3 zoning district allows at 25 dwelling units per acre under multifamily development.

5. The requirements of the California Environmental Quality Act (CEQA) have been satisfied. Pursuant to the provisions of the CEQA, an Environmental Impact Report (“EIR”) was prepared which led to the conclusion that a Statement of Overriding Considerations be prepared for this Project. The purpose of an EIR is to identify potential effects on the environment of the Project and to indicate the manner in which those potential significant effects can be avoided or mitigated. A primary

CC RESO 2024-45

function of the EIR is to disclose and evaluate Project impacts and inform decision makers for the Project. To meet the 45-day circulation requirement, a notice regarding the draft EIR was circulated from April 24 to June 10, 2024 (SCH#2022090476).

6. The design of the subdivisions and proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife in their habitat. The proposed subdivisions will not cause any onsite environmental damage as this is an infill project on property that already has been designated as an area for residential units and there are no fish or wildlife habitat on site. The site was previously graded for construction of the existing commercial building.

7. The design of the subdivisions and the proposed improvements are not likely to cause serious public health problems. The proposed subdivisions design and improvements will not adversely affect the public health of the citizens of the City of Los Alamitos as the Project is the type of use which is planned for in this area; the residential Project will be compatible with the single-family and multi-family residential uses in the area. The mitigations required by the CEQA document will ensure the safety of the inhabitants of the Project and will contribute to the health of the community as a whole.

8. The design of the subdivisions and improvements will not conflict with public access easement(s) through the property. The design of the subdivisions and the proposed improvements will not conflict with any existing telephone, street, and/or public utility easements. There are no public access easements through the property.

9. The design and improvements of the proposed subdivisions are suitable for the uses proposed and the subdivisions can be developed in compliance with the applicable zoning regulations. As conditioned, the Project will comply with applicable zoning regulations. Pursuant to the State’s Density Bonus legislation, minor incentives, concessions, waivers, and/or reductions in development standards have been requested for reduction in setback distance between structures, exception for building step back requirements, reduction in minimum storage space, reduced common area requirement, and reduced parking requirement.

10.The discharge of waste into an existing community sewer system will not result in or add to a violation of existing requirements prescribed by the Regional Water Quality Control Board. The discharge of wastewater from the subdivision into the sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board.

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SECTION 3. Based upon such findings and determinations, the City Council hereby approves Tentative Parcel Map 2022-133 and Vesting Tentative Tract Map No. 19263 attached as Exhibits “B” and "C," and incorporated by reference herein, subject to the conditions located in Exhibit "A."
SECTION 4. The City Clerk shall forward a copy of this Resolution to the Applicant and any person requesting the same, and Staff shall file a Notice of Determination with the County Clerk.

PASSED, APPROVED, AND ADOPTED this _____ day of ________ 2024. ________________________________
Jordan Nefulda, Mayor
ATTEST:
______________________________
Windmera Quintanar, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 21ST day of October 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________ ______
Windmera Quintanar, MMC, City Clerk

RESOLUTION NO. 2024-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, APPROVING AN AFFORDABLE
HOUSING UNIT APPLICATION FOR THE 4665 LAMPSON PROJECT
LOCATED AT 4665 LAMPSON AVENUE, IN THE MULTI-FAMILY
RESIDENTIAL (R-3) ZONING DISTRICT (APN 130-012-35) TO
ALLOW REDEVELOPMENT OF THE PROJECT SITE WITH 246
RESIDENTIAL UNITS, INCLUDING 76 AFFORDABLE MULTIFAMILY APARTMENT HOMES (APPLICANT: LAMPSON PARK

PLACE, LLC)
WHEREAS, Lampson Park Place, LLC (“Applicant”) proposes to demolish the existing office building and surface parking lot on the 12.3-acre property located at 4665 Lampson Avenue (APN 130-012-35) and redevelop the site with a 246-unit residential development consisting of a variety of housing product types, including 55 single-family detached homes, 114 townhomes, and 77 for-rent multi-family apartment homes comprised of 76 units restricted to lower income households and one unrestricted manager’s unit (the “Project”); and,
WHEREAS, a completed Affordable Housing Unit Application was submitted by Lampson Park Place, LLC, on October 11, 2022, requesting approval for 246 residential units, including 76 affordable multi-family apartment homes; and, WHEREAS, pursuant to the State’s Density Bonus Law, the application also included requests for incentives, concessions and waivers for the following: reduction in setback distance between structures, exception for building step back requirements, reduction in minimum storage space, reduced common area requirement, and reduced parking requirement; and,
WHEREAS, pursuant to Government Code Section 65915, the verified application constitutes a request as required by Section 17.28.050 (Affordable Housing) of the Los Alamitos Municipal Code; and,
WHEREAS, the State Density Bonus Law codified in Government Code Section 65915 to 65918 provides a mechanism that allows housing developers to increase density on a property above the maximum allowed under a jurisdiction’s General Plan or zoning and to request relief from development standards in exchange for offering to build or donate land for affordable or senior housing units. A developer who meets the requirements of the State law is entitled to receive the density bonus and other benefits (i.e., incentives, concessions, waivers, and reduction of development standards) as a matter of right; and,
WHEREAS, California Government Code Section 65589.5, also known as the Housing Accountability Act, prohibits a local agency from disapproving, or conditioning

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approval in a manner that renders infeasible, a housing development Project for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based on a preponderance of the evidence in the record; and,
WHEREAS, the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development Project inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision; and, WHEREAS, on September 25, 2024, the Planning Commission of the City of Los Alamitos held a duly noticed public hearing to review and consider the application. The Planning Commission recommended by resolution that the City Council approve the Affordable Housing Unit Application, including the requested incentives, concessions, waivers, and reductions in development standards; and,
WHEREAS, the City Council reviewed and considered the Affordable Housing Unit Application, incorporated by reference herein, at a duly noticed public hearing on October 21, 2024, at which hearing it considered all the evidence presented, both written and oral; and,
WHEREAS, the Applicant, Applicant’s representatives and members of the public were provided the opportunity to present written and oral testimony.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct and are incorporated by reference herein.

SECTION 2. The City Council hereby makes the following findings or determinations made in accordance with Section 17.28.050 of the LAMC, which is which is based on all of the evidence presented, both written and oral; The design and layout of the proposed development are consistent with the development and design standards/guidelines of the applicable zoning district: The design and layout of the 246 residential units at 4665 Lampson Avenue, as conditioned, is consistent with the development and design standards/guidelines of the Multiple Family (R-3) Residential Zoning District as well as with the requirements for residential development set forth in Section 17.34.060. The development meets, or will be conditioned to meet, all requirements. Each proposed unit and the entire Project meets the development standards for the R3 zone including parcel area, parcel depth, maximum density, minimum dwelling area, and site coverage. Pursuant to the State’s Density Bonus legislation, minor incentives, concessions, waivers, and/or reductions in development standards

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have been requested for reduction in setback distance between structures, exception for building step back requirements, reduction in minimum storage space, reduced common area requirement, and reduced parking requirement as described below:

Reduction in setback distance between structures. LAMC Section 17.08.030, Table 2-03 requires a 10-foot minimum distance between structures. Though most of the Project’s single-family residential setback distances between structures meet or exceed the minimum distances, the setback distance is reduced to 6 feet at certain locations within the Project site plan. Meeting the required 10-foot minimum setback distance would require a significant change to the site plan and likely result in a reduction of residential units.

Exception for building step back requirements. LAMC Section 17.08.045.A.1 requires that for buildings higher than two stories, the third story must have a minimum 5-foot step back from the story below to minimize building bulk and create façade articulation. This requirement appears to govern regardless of building location within a Project site or surrounding land uses. While the City interprets this requirement as applying only to perimeter buildings (i.e., buildings that are located along the perimeter of a Project site), given the requirement’s ambiguity, the Applicant is requesting an exception from the required minimum 5- foot step back requirement for those structures identified on the site plan.

Reduction in minimum storage space. LAMC Section 17.08.030, Table 2-03, requires a minimum storage space in a garage or carport of 200 cubic feet per unit.

For certain units within the Project, this storage space requirement will be difficult to satisfy because of limitations in garage and carport space. As such, the Applicant is requesting that the minimum storage space requirement be reduced to 175 cubic feet per unit for market rate units and 50 cubic feet per unit for affordable units identified on the site plan.

Reduced common area requirement. LAMC Section 17.08.030, Table 2-03 requires a minimum 200 square feet of common area and 60 square feet of private space per unit. The Project will be able to comply with the minimum private space requirement, but the Project will not be able to comply with the common area requirement. This is due to the proposed dedication or grant of an easement related to the northerly 10-foot strip of land abutting Arbor Park and Arbor Dog Park, which comprises an area of approximately 10,000 square feet of property.

When this area is dedicated or granted to the City, then the Project will be unable to comply with the common area requirement because compliance with this requirement would physically preclude construction of the Project at the densities allowed and with the concessions described above. Therefore, the Applicant is requesting a reduction in the common area requirement from 200 to 150 square foot per unit.

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Parking Reduction Request. The Project would provide 577 parking spaces (475 spaces for the single family detached and townhomes and 102 for the apartments), which is below the City’s required 679 parking spaces pursuant to LAMC Section

17.22.030, Required Parking Spaces. The State’s Density Bonus Law specifies that for housing developments that qualify for a density bonus the local government shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the following ratios: (A) zero to one bedroom:
one onsite parking space; (B) two to three bedrooms: one and one-half onsite parking spaces; and (C) four and more bedrooms: two and one-half parking spaces. (Gov’t Code Section 65915(p)(1).) The Applicant requests that the City require no more than 2.35 spaces per unit for a total of 577 parking spaces for the Project, which is significantly more than the 441 parking spaces that would be required pursuant to the State’s Density Bonus Law.

SECTION 3. Prior to final map approval, the applicant shall record covenants with the County Recorder for the low and/or very low affordability requirements of said 76 units to remain affordable for a period no less than 55 years in accordance with Government Code Section 65915 and Los Alamitos Municipal Code Section 17.28.050, as described in Condition Nos. 16 - 23.

SECTION 4. Pursuant to the provisions of the California Environmental Quality Act (CEQA) an Environmental Impact Report (“EIR”) was prepared which led to the conclusion that a Statement of Overriding Considerations be prepared for this Project.

The purpose of an EIR is to identify potential effects on the environment of the Project and to indicate the manner in which those potential significant effects can be avoided or mitigated. A primary function of the EIR is to disclose and evaluate Project impacts and inform decision makers for the Project. To meet the 45-day circulation requirement, a notice regarding the draft EIR was circulated from April 24 to June 10, 2024 (SCH#2022090476).

SECTION 5. Based upon such findings and determinations, the City Council hereby approves an Affordable Housing Unit Application, including the requested incentives, concessions, waivers, and reductions in development standards, as represented by the plans and elevations incorporated by reference herein, and subject to the conditions located in Exhibit "A."
SECTION 6. The City Clerk shall forward a copy of this Resolution to the Applicant and any person requesting the same, and Staff shall file a Notice of Determination with the County Clerk.

PASSED, APPROVED, AND ADOPTED this _____ day of ________ 2024. ________________________________
Jordan Nefulda, Mayor

CC RESO 2024-46

ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 21ST day of October 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Windmera Quintanar, MMC, City Clerk

RESOLUTION NO. 2024-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, APPROVING SITE DEVELOPMENT
PERMIT – MAJOR FOR THE 4665 LAMPSON PROJECT LOCATED
AT 4665 LAMPSON AVENUE, IN THE MULTI-FAMILY RESIDENTIAL (R-3) ZONING DISTRICT (APN 130-012-35) TO ALLOW
REDEVELOPMENT OF THE PROJECT SITE WITH 246
RESIDENTIAL UNITS (APPLICANT: LAMPSON PARK PLACE, LLC)
WHEREAS, Lampson Park Place, LLC (“Applicant”) proposes to demolish the existing office building and surface parking lot on the 12.3-acre property located at 4665 Lampson Avenue (APN 130-012-35) and redevelop the site with a 246-unit residential development consisting of a variety of housing product types, including 55 single-family detached homes, 114 townhomes, and 77 for-rent multi-family apartment homes comprised of 76 units restricted to lower income households and one unrestricted manager’s unit (the “Project”); and,
WHEREAS, a completed application for a Site Development Permit – Major was submitted for the Project by Lampson Park Place, LLC, on November 18, 2023; and, WHEREAS, the Project would include a total of 246 units and the overall density for the Project would be 20 dwelling units per acre. The Project would provide 577 parking spaces (475 spaces for the single family detached and townhomes and 102 for the apartments) in exceedance of the 441 parking spaces that would be required pursuant to the State’s Density Bonus Law; and,
WHEREAS, the verified application constitutes a request as required by Section

17.44.040 and Section 17.08.020 Table 2-02 (Allowed Uses and Permit Requirements for Residential Zoning Districts) of the Los Alamitos Municipal Code (LAMC); and, WHEREAS, on September 25, 2024, the Planning Commission of the City of Los Alamitos held a duly noticed public hearing to review and consider the application. The Planning Commission recommended by resolution that the City Council approve the Site Development Permit – Major; and,
WHEREAS, the City Council reviewed and considered the Site Development Permit – Major, incorporated by reference herein, at a duly noticed public hearing on October 21, 2024, at which hearing it considered all the evidence presented, both written and oral; and,
WHEREAS, the Applicant, Applicant’s representatives and members of the public were provided the opportunity to present written and oral testimony.

CC RESO 2024-47

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct and are incorporated by reference herein.

SECTION 2. The City Council hereby makes the following findings made in accordance with Section 17.44.060 of the LAMC, which is based on all of the evidence presented, both written and oral; the Staff report and final Environmental Impact Report are incorporated by reference herein:

1. The proposed project is allowed within the subject zone: The property is designated and zoned for this type of development. The Project site has a land use designation of Multi-Family Residential - 25 and a zoning classification of MultiFamily Residential - 25 (R-3).

2. The proposed project complies with all of the applicable criteria identified in

17.44.030(B) (Application Processing, Filing, and Review—Generally): The design and layout of the proposed residential units at 4665 Lampson Avenue is efficient, consistent with applicable City regulations and policies, and would not interfere with the use and enjoyment of neighboring residential developments, as the surrounding residential uses are comprised of single-family and multi-family. The location is appropriate for a 246-unit residential development that would be constructed in an architectural style that complements nearby homes. The Project will retain beautiful landscaping through the strength of a Homeowner's Association that will hire and maintain a maintenance crew. The Homeowner's Association will have regulations that are more exacting than the City' s Code concerning maintenance and parking. The location of the driveway ingress/egress access to the site would not create traffic or pedestrian hazards. The design and layout of the 246 residential units at 4665 Lampson Avenue, as conditioned, is consistent with the development and design standards/guidelines. Pursuant to the State’s Density Bonus legislation and LAMC 17.28.050, minor incentives, concessions, waivers, and/or reductions in development standards have been requested for reduction in setback distance between structures, exception for building step back requirements, reduction in minimum storage space, reduced common area requirement, and reduced parking requirement.

3. The proposed project is in keeping with the character of the neighborhood, in terms of the structure(s) general appearance: The design of the 246 residential units would be in keeping with the neighborhood character and enhance the attractive, harmonious, and orderly development of the property. The design is in harmony with surrounding development and improves upon the City's architecture with quality detached single-family, townhome, and multi-family residential building design, extensive landscaping, and maintenance requirements.

CC RESO 2024-47

4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color, and will remain aesthetically appealing and retain an appropriate level of maintenance: The design of the 246 residential units would provide a desirable environment for its occupants, visiting public, and its neighbors through good aesthetic use of materials, texture, landscaping, and color as depicted in the plan set incorporated by reference herein. Site redevelopment would continue the attractive environment that the existing property previously enjoyed for years and maintain an appropriate level of maintenance, through the implementation of a homeowners' association and the use of covenants, conditions, and restrictions.

5. The proposed development would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity:

The 246 residential units provide for public health, safety, and welfare of the residential and business communities by providing more living options to the City rather than causing sprawl at the fringes of this metropolitan area. The buildings will meet all building code requirements. The mitigation measures identified in the Environmental Impact Report prepared for the Project would ensure the safety of the inhabitants of the Project as well as other residents of Los Alamitos. Also, the 246 residential units would not depreciate property values in the vicinity, as the area is zoned for this type of use and it will improve the aesthetics of this residential neighborhood area (formerly a commercial and now vacant property).

6. The proposed Project would assist the City of Los Alamitos in providing for the State mandated units identified in the General Plan for moderate, low and/or very low-income categories as described in the Regional Housing Needs Assessment.

Remaining sites identified in the housing element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the jurisdiction’s share of the regional housing need pursuant to Section 65584.

The City’s Regional Housing Needs Allocation (RHNA) for the 6th Cycle Housing Element Update is a total of 769 units, which is comprised of 313 lower income units, 145 moderate income units, and 311 above moderate-income units. The City’s Housing Element identified that the City’s residential capacity is 817 total units, which exceeds the City’s RHNA obligation of 769 units by 48 units. This surplus, or “buffer,” of 48 units is comprised of 19 surplus lower income units, 14 moderate income units, and 15 surplus above moderate-income units.

The Housing Sites Inventory identifies the total number of units for the proposed Project site as 246 units, and those units are projected to consist of 77 lower income units, zero moderate income units, and 169 above moderate-income units.

The proposed residential Project proposes 76 lower income units, zero moderate income units, and 170 above moderate-income units

CC RESO 2024-47

As such, approval of the Project on the site identified in the Housing Sites Inventory will result in the need for the City to deduct one lower income unit from the City’s surplus “buffer” of 19 lower income units, resulting in a remaining surplus “buffer” of 18 lower income units. Accordingly, even after approval of the Project, the remaining sites identified in the City’s Housing Element are adequate to meet the requirements of Section 65583.2 and to accommodate the jurisdiction’s share of the regional housing need pursuant to Section 65584.

SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (CEQA) an Environmental Impact Report (“EIR”) was prepared which led to the conclusion that a Statement of Overriding Considerations be prepared for this Project.

The purpose of an EIR is to identify potential effects on the environment of the Project and to indicate the manner in which those potential significant effects can be avoided or mitigated. A primary function of the EIR is to disclose and evaluate Project impacts and inform decision makers for the Project. To meet the 45-day circulation requirement, a notice regarding the draft EIR was circulated from April 24 to June 10, 2024 (SCH#2022090476).

SECTION 4. Based upon such findings and determinations, the City Council hereby approves a Site Development Permit – Major, as represented by the plans and elevations incorporated by reference herein, and subject to the conditions located in Exhibit "A."
SECTION 5. The City Clerk shall forward a copy of this Resolution to the Applicant and any person requesting the same, and Staff shall file a Notice of Determination with the County Clerk.

PASSED, APPROVED, AND ADOPTED this _____ day of ________ 2024. ________________________________
Jordan Nefulda, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

CC RESO 2024-47

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 21st day of October 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Windmera Quintanar, MMC, City Clerk

4665 Lampson Project – Conditions
November 18, 2024
4876-1821-5414, v. 1

EXHIBIT A
4665 LAMPSON PROJECT

CONDITIONS OF APPROVAL
Site Development Permit – Major, Tentative Parcel Map No. 2022-133, Vesting Tentative Tract Map No. 19263, Affordable Housing Unit Application, and Environmental Impact Report **The following Conditions of Approval shall be binding on and enforceable against each of the following, and whenever used herein, the term “Applicant” shall mean and refer to, each of the following: Lampson Park Place. LLC, and the future owner(s) and tenant(s) of the property, and each of their respective successors and assigns.

GENERAL

1. Approval of this application is to construct a 246 residential unit project at 4665 Lampson Avenue (APN 130-012-35) pursuant to City Council approval of a Site Development Permit – Major, Tentative Parcel Map 2022-133 (for Finance and Conveyance Purposes), Vesting Tentative Tract Map No. 19263 (for Condominium Purposes), and an Affordable Housing Unit Application for Density Bonus and/or Incentives or Concessions and a Waiver to redevelop the Project site (the “Project”) noted thereon the plans incorporated by reference herein, and on file in the Development Services Department. Subsequent submittals for the Project shall be substantially consistent with such plans and in compliance with the applicable land use regulations of the Los Alamitos Municipal Code. If any changes are proposed regarding the location or alteration of the plans dated April 4, 2023, and January 16, 2024 (and as may be revised and approved by the City Council), a request for an amendment of this approval must be submitted to the Development Services Director. If the Development Services Director determines that the proposed change or changes are substantially consistent with the provisions and spirit of intent of this approval action, and that such action would have been the same with the proposed change or changes as for the proposal approved herein, the amendment may be approved by the Development Services Director without requiring a public meeting.

2. The duration of the Site Development Permit approval and the Affordable Housing Unit Application for Density Bonus and/or Incentives or Concessions shall be twenty-four (24) months from the date the site plan is approved. If construction is commenced within this twenty-four (24) month period and construction is being pursued diligently toward completion, the Site Development Permit approval and the Affordable Housing Unit Application for Density Bonus and/or Incentives or Concessions and a Waiver shall remain in full force and effect.

3. The Development Services Director may, upon receipt in writing from the Applicant before the expiration date, grant three (3) extensions of time up to twelve (12) months maximum. If an extension of time is not granted, the Site Plan Review approval shall expire, and a new application shall be made.

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4. City Council approval of the Tentative Parcel Map 2022-133 and Vesting Tentative Tract Map No. 19263 shall remain valid for twenty-four (24) months. The Maps shall expire on _____ ___, 2026, unless the applicant requests a time extension as outlined by City standards and in conformance with Section 16.10.130 (Period of Validity – Extensions) of the Los Alamitos Municipal Code.

5. Prior to issuance of a building permit, copies of the recorded maps shall be provided to the Development Services Department. Model homes are exempt from this condition.

6. To the fullest extent permitted by law, the Applicant shall, at its sole cost and expense, protect, defend, indemnify, and hold harmless the City, its elected and appointed officers and officials, employees, agents, departments, agencies, authorized volunteers, consultants, boards, commissions, and committees, and instrumentalities thereof ("Indemnitees"), from and against any and all claims, liabilities, losses, fines, demands, penalties, lawsuits, writs of mandamus, and any other claims or actions or proceedings of any kind whatsoever (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to, arbitrations, mediations, and other such procedures), judgments, orders and decisions (collectively "Claims" and “Actions”), brought against the Indemnitees, which seek to attack, challenge, modify, set aside, void, or annul any action of or any permit or approval issued by the Indemnitees (including actions approved by the voters of the City) for, in connection with, or concerning the Project. It is expressly understood and agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the defense of the Indemnitees for the Claims and Actions, and that the Applicant shall promptly reimburse the City for all costs and expenses directly and necessarily incurred by the City in the course of the defense, including reasonable attorneys' fees. The City shall promptly notify the Applicant of any Claims and Actions brought against the Indemnitees and shall cooperate in the defense of any such Claims and Actions. If the Applicant fails to so defend the Claims and Actions, the City shall have the right but not the obligation to do so and, if it does, the Applicant shall promptly pay the City's full cost thereof.

7. The Applicant shall file an Acknowledgment of Conditions of Approval with the Development Services Department within 30 days of final approval of all resolutions. The Applicant shall be required to record the Acknowledgment of these Conditions of Approval with the Office of the Orange County Recorder and proof of such recordation shall be submitted to the Development Services Department before issuing any permits.

8. Failure to satisfy and/or comply with the conditions herein may result in a recommendation to the Planning Commission and/or City Council for revocation of this approval.

9. The Applicant shall comply with applicable City, County, and/or State regulations.

10. The Applicant shall be required to comply with the Seismic Hazards Mapping Act of 1990, including the Guidelines for Evaluating and Mitigating Seismic Hazards in California 1997.

11. In case of violation of any of the conditions of approval or applicable law, the City shall issue Applicant a Notice of Potential Violation, and if said violation is not remedied within a reasonable period of time, then the City shall issue Applicant a Notice of Correction. If

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November 18, 2024
4876-1821-5414, v. 1
subsequent violations of the conditions of approval and/or City law occurs within ninety days of any Notice of Correction, the Applicant shall be held responsible to reimburse the City for all Staff time directly attributable to enforcement of the conditions of approval, mitigation measures, and/or City law including but not limited to, revocation of the herein approvals.

The Applicant shall be responsible for implementing the mitigation measures identified in the Environmental Impact Report to the satisfaction of the City of Los Alamitos Development Services Department.

12. Project plans shall be subject to a complete code compliance review with the Development Services Department when the plans are submitted for plan check and shall comply with all applicable City of Los Alamitos ordinances, regulations, and policies prior to building permit issuance, including, but not limited to, the requirements established or authorized by Title 15, 16, and 17 of the City of Los Alamitos Municipal Code.

13. All invoices the Applicant has received from the City shall be paid to a zero balance by certificate of occupancy for any portion of the Project.

14. Prior to issuance of a certificate of occupancy for any portion of the Project, the Applicant shall offer a dedication in fee or an easement to the City of a 10-foot-wide strip of land (approximately 10,000 square feet) adjacent to Arbor Park for the purpose of public ingress, egress and access by vehicles and pedestrians and the parking of vehicles. The form of such conveyance shall be subject to approval by the City Attorney.

15. The Applicant shall notify buyers and/or renters that the Project site is within an airport influence area/military installation and may experience annoyances or inconveniences associated with proximity to airport/military installation operations (for example: noise, vibration, or odors) and provide all related disclosures as required by State law.

AFFORDABLE HOUSING/DENSITY BONUS

16. Development of Affordable Housing:
a. Conveyance of Parcel 1. Prior to the issuance of any building permit on Parcel 2, and after recordation of the parcel map, Applicant may convey Parcel 1 to an affordable housing provider, for the purpose of constructing and managing seventy-seven (77) multi-family units which shall be comprised of seventy-six (76) units restricted to lower income and with one unrestricted manager’s unit (the “apartment complex”). b. Concurrent Grading. Grading shall commence on Parcel 1 concurrently with grading on Parcel 2.
c. Timing of Construction. Construction of the affordable housing apartment complex must be commenced prior to issuance of certificates of occupancy for the final 17 market rate units on Parcel 2 (i.e., Applicant may construct and obtain certificates of occupancy for 152 market rate units on Parcel 2 prior to the issuance of a building permit for Parcel 1 (the apartment complex parcel); however, certificates of occupancy will be withheld for the remaining 17 market rate units until the issuance of a building permit for Parcel 1 and

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commencement of construction in accordance with the building permit prior to its expiration.

17. Applicant agrees that the 76 affordable units shall be rented to lower income households as defined in Section 50079.5 of the California Health and Safety Code for a period of no less than 55 years, commencing with the issuance of certificate of occupancy for any portion of the apartment complex, at rents that do not exceed the maximum rent for 80% income level units for that size unit in Orange County as published annually by the California Tax Credit Allocation Committee (“CTCAC”). Determinations of household income levels shall be made in accordance with the regulations published from time to time by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.

18. The Applicant shall enter into a regulatory agreement with the City memorializing the provision of lower income housing, and the granting of the requested Density Bonus Law concessions and waivers. The regulatory agreement shall be recorded against only the parcel that will include the apartment complex (Parcel 1) in the Official Records of Orange County, California concurrently with recordation of Parcel Map No. 2022-133 and shall be binding upon all future owners and successors in interest of the apartment complex.

19. The regulatory agreement shall be prepared by the City at the Applicant’s expense. Prior to the City commencing preparation of a regulatory agreement, the Applicant shall execute a reimbursement agreement with the City in a form approved by the City Attorney and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City for preparation of the regulatory agreement, as determined by the City Manager in his reasonable discretion. The City Manager is authorized to execute said reimbursement agreement on behalf of the City.

20. The regulatory agreement shall remain a senior, non-subordinate covenant and as an encumbrance running with the land for the full term thereof. In no event shall the regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the apartment complex, or any other lien or encumbrance whatsoever for the entire term of the required covenants.

21. The regulatory agreement shall include provisions addressing or requiring the following:
a. Identification of Affordable Units. The number, affordability level, unit size mix, and location of the affordable units shall be set forth in the regulatory agreement. b. Annual Tenant Income Verification, Compliance Reporting, and Certification. The regulatory agreement shall include uniform provisions requiring the Applicant to verify and certify, prior to the initial occupancy, and annually thereafter, that each tenant household occupying each affordable unit meets the applicable income and eligibility requirements established for the affordable unit.
c. Maintenance Standards. The regulatory agreement shall contain uniform provisions governing the Applicant’s maintenance obligations and the City’s rights in the event the owner fails to adhere to its maintenance obligations.

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d. Compliance Report. The regulatory agreement shall contain provisions requiring the Applicant to submit an annual compliance report containing specified information to the City in a form reasonably satisfactory to the City Manager and to annually certify that the affordable units are in compliance with the requirements of the regulatory agreement. e. Recordkeeping Requirements. The regulatory agreement shall contain uniform provisions requiring the owner to maintain tenant leases, income certifications, and other books, documents, and records related to the rental of the affordable units and operation of the apartment complex for a period of not less than five (5) years after creation of each such record; to allow the City to inspect any such books, documents, or records and to conduct an independent audit or inspection of such records at a location that is reasonably acceptable to the City Manager upon prior written notice; and to permit the City and its authorized agents and representatives to access the property and examine the housing units and to interview owners, occupants, tenants and employees for the purpose of verifying compliance with the regulatory agreement.
f. Marketing and Management Plan for Affordable Units. The regulatory agreement shall contain uniform provisions regarding property management and management responsibilities and shall require the Applicant to prepare and obtain the City’s approval of a marketing and management plan for the apartment complex prior to the issuance of a certificate of occupancy for any portion of the apartment complex. The marketing and management plan shall address in detail, without limitation, the following matters: (i) how the Applicant plans to market the affordable units to prospective tenant households; (ii) procedures for the selection of tenants of affordable units, including a description of how the Applicant plans to certify the eligibility of tenant households; (iii) procedures for annually verifying income and recertifying the eligibility of tenants of affordable units; (iv) the standard form(s) of rental agreement(s) the Applicant proposes to enter into with tenants of affordable units; (v) procedures for the collection of rent; (vi) procedures for eviction of tenants; (vii) procedures for ensuring that the required number and unit size mix of affordable units is maintained; (viii) procedures for complying with the Applicant’s monitoring and recordkeeping obligations; (ix) the Applicant’s property management duties; (x) the Applicant’s plan to manage and maintain the apartment complex and the affordable units; (xi) the rules and regulations of the property and manner of enforcement; and (xii) and a program addressing security and crime prevention at the apartment complex.
g. Rental Preferences and Priority.
i. Veteran Preference. To the extent permitted by law, and provided that the prospective tenants meet standard screening standards, with respect to the rental of nineteen (19) of the units in the apartment complex, Applicant shall give a preference to households that include one or more veterans of the United States military. ii. Local Preference. To the extent permitted by law, and provided that the prospective tenants meet standard screening standards, Applicant shall give a preference to households that include one or more persons who are currently employed in or are currently residing in the City of Los Alamitos.

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h. Timing of Construction. The regulatory agreement shall include the construction timing requirements set forth in Condition No. 16(c).
i. Access between Parcels. The regulatory agreement shall include the public ingress and egress requirements set forth in Condition No. 28(i)(iv).

22. The City Manager is authorized to approve and execute the regulatory agreement and any amendments thereto on behalf of the City. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, make and execute further agreements and/or enter into amendments to the regulatory agreement on behalf of City.

23. The Applicant shall reimburse the City for its reasonable costs to implement the Affordable Housing/Density bonus conditions of approval, and for the fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with preparation of the regulatory agreement, review of the initial marketing and management plan required as part of the regulatory agreement, review of annual compliance reports submitted by Applicant pursuant to a regulatory agreement, and inspections and audits provided for in the regulatory agreement.

CONDITIONS, COVENANTS & RESTRICTIONS (CC&Rs)

24. Prior to the approval of the final map, all organizational documents for the Project, including any covenants, conditions, and restrictions (CC&Rs), shall be submitted to and approved by the Development Services Department and City Attorney's Office. Costs for such review shall be borne by the subdivider.

25. CC&Rs submitted to the City for review shall contain a table itemizing each of the requirements identified herein and the page/paragraph where they are addressed in the CC&Rs.

26. The approved CC&Rs shall be recorded with County Recorder’s Office concurrent with the Final Map. A copy of the final documents shall be submitted to the Development Services Department after recordation.

27. No dwelling unit in the market-rate portion of the development shall be sold or a certificate of occupancy issued, unless a homeowners association has been legally formed with the right to assess all units which are jointly owned or benefitted to operate and maintain all other mutually available features of the development including, but not limited to, public and private open space, amenities, landscaping, private streets, and utilities.

28. The CC&Rs shall include, but are not limited to, the following provisions:
a. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions.

However, the City shall not be obligated to enforce the CC&Rs. b. The requirement that association bylaws be established.

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c. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including open space, landscaped areas, roof decks, walls and fences, private roadways (i.e., walkways, sidewalks, paseos, driveways), lighting, and furnishings, awnings, trash enclosures, water quality management plan BMPs and private utilities, if any, shall be established in the CC&Rs. d. Private open space areas within the common area shall be illustrated on a “Private Open Space Exhibit” and shall be made part of the CC&Rs and shall specify those portions of the open space area that are allocated for private use. The CC&Rs shall include provisions for authorized uses and structures, access, maintenance, and restrictions in the private use areas to minimize noise and light disruptions to adjacent properties. e. Membership in the homeowners association shall be inseparable from ownership in individual units.
f. Architectural controls shall be provided and may include, but not be limited to, provisions regulating architectural features, exterior finishes, roof materials, fences and walls, balconies, roof decks, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the Los Alamitos Municipal Code (LAMC).
g. Maintenance standards shall be provided for applicable items listed in Section (c) above in the CC&Rs. Examples of maintenance standards are shown below. i. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, and free of debris and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. ii. All private drives, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways shall be removed or repaired promptly.
iii. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare.
h. Homeowners association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Los Alamitos Development Services Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs.
i. A “Parking and Circulation Exhibit” shall be made part of the CC&Rs and shall be enforced by the homeowners association. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following:
i. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed seven (7) feet high, seven (7) feet wide, and nineteen (19)