A public agenda packet is available for review on the City’s website www.sandimasca.gov or by contacting the City Clerk’s Office at [email protected].
Members of the public may observe the City Council meeting live on the City of San Dimas website at www.sandimasca.gov or on KWST Channel 3. To view from the website, select the Watch City Council Meetings blue button from the home page. ______________________________________________________________________________ CITY COUNCIL:
Mayor Emmett Badar, Mayor Pro Tem John Ebiner, Councilmember Eric Nakano, Councilmember Ryan A. Vienna, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE
PRESENTATION/RECOGNITIONS
➢ Older Americans Month – Honoree Carolyn Gomm
➢ San Dimas High School 2023 CIF Southern Regional Division IV Champions
ORAL COMMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.)
1. Approve Resolution 2023-26, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the April 30, 2023 Prepaid Warrant Register in the Amount of $210,229.35 and the May 15, 2023 Warrant Register in the Amount of $599,060.23.
2. Approve Minutes of the April 25th, 2023 Study Session and the April 25th, 2023 Regular City Council Meeting.
CITY COUNCIL MEETING AGENDA
TUESDAY MAY 9th, 2023 7:00 PM
SAN DIMAS COUNCIL CHAMBER
245 EAST BONITA AVENUE
City Council Agenda
For the Meeting of May 9th, 2023 Page 2
3. Approve Resolution 2023-27, A Resolution of the City Council of the City of San Dimas, California, Ratifying and Extending the Declaration of the Existence of a Local Emergency
4. Rejection of all Bids for Construction Contract 2023-03 – Playground Surface Replacement Project at Lone Hill Park and Horsethief Canyon Park, and Authorization to Staff to Readvertise the Project
5. Approve Request for Budget Appropriation in the Amount of $53,000 to Reduce City Employee Accrued Compensatory Leave Balance Liabilities
6. Adopt Ordinance 1299, An Ordinance of the City Council of the City of San Dimas, California, Amending San Dimas Municipal Code Section 5.24.070 P to Allow Fees for Commercial Movie Filming to be Adopted by Resolution Rather than By Ordinance (Second Reading)
END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.
OTHER BUSINESS
1. Discussion and Consideration to Submit a Letter of Opposition to the Proposed Affordable Permanent Supportive Housing Development Project at 740 East Foothill Boulevard and County Funding for the Project
RECOMMENDATION: Approve the letter of opposition and authorize the City Manager to send.
PUBLIC HEARING
1. Public Hearing Regarding the Adoption of Resolution 2023-28, Setting the Special City-wide Landscape Per Parcel Tax for Fiscal Year 2023-2024 to be Used for Landscape Maintenance Purposes
RECOMMENDATION:
1. Conduct a public hearing to receive public comment
2. Adopt Resolution 2023-28, Option 1 – With Increase
RESOLUTION 2023-28, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING
THE SPECIAL CITY-WIDE LANDSCAPE PER PARCEL TAX FOR FISCAL YEAR 2023-2024 TO BE USED FOR LANDSCAPE MAINTENANCE PURPOSE
City Council Agenda
For the Meeting of May 9th, 2023 Page 3
2. Public Hearing Regarding the Adoption of Resolution 2023-30, Confirming the Diagram and Assessment for Fiscal Year 2023-2024 for Open Space Maintenance District No. 1 (Tract No. 32818, Boulevard)
RECOMMENDATION:
1. Conduct a public hearing to receive public comments .
2. Adopt Resolution 2023-30 confirming the diagram and assessment for fiscal year 2023- 2024 for Open Space Maintenance District No. 1 (Tract 32818, Boulevard).
RESOLUTION 2023-30, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 2023-2024 FOR OPEN SPACE MAINTENANCE DISTRICT NO. 1 (TRACT NO. 32818, BOULEVARD)
3. Public Hearing Regarding the Adoption of a Resolution Confirming the Engineer’s Report and Increase in Assessments and Diagram for Fiscal Year 2023-2024 for Open Space Maintenance District No. 1 (Tract No. 32841, Northwoods) RESOLUTION 2023-31, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND CONFIRMING THE INCREASES IN ASSESSMENTS, THE DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 2023-2024 FOR OPEN SPACE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 3 (TRACT NO. 32841, NORTHWOODS) AND CPI INCREASE IN FUTURE YEARS.
RESOLUTION 2023-32, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
DECLARING THAT A MAJORITY PROTEST TO THE INCREASED ASSESSMENT EXISTS, REQUESTING REVISIONS TO THE ENGINEER’S REPORT AND
DECLARING ITS INTENTION THAT THE ASSESSMENT FOR FISCAL YEAR 2023-2024 SHALL BE LEVIED AT THE CURRENT RATE WITH NO INCREASE TO
THE ASSESSMENT, THAT THE WORK SCOPE WILL BE REDUCED FOR OPEN SPACE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 3 (TRACT NO. 32841, NORTHWOODS) AND SETTING A PUBLIC HEARING
RECOMMENDATION:
1. Conduct a public hearing on the proposed assessment rate increase for Open Space Maintenance District No. 1 (Tract No. 32841, Northwoods) . At the conclusion of the public hearing, the ballots received will be tabulated and the results will be announced. 2a. In Favor – Adopt Resolution 2023-31 if the ballot receives a 51% majority vote in favor or if the vote concludes in a tie to increase the assessment to $1,538.28 per parcel, add an annual adjustment by the Consumer Price Index; or
City Council Agenda
For the Meeting of May 9th, 2023 Page 4
2b. Majority Protest – Adopt Resolution 2023-32 if the ballot receives a 51% majority vote protest opposed and set a Public Hearing for June 13th, 2023 to consider assessment at the current level of $898.42 per parcel.
ORAL COMMUNICATIONS
Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.)
STAFF AND CITY COUNCIL REPORTS
a. City Manager
b. City Attorney
c. Members of the City Council
• Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
• City Council Requests for Future Items, Comments and Updates
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS – G.C. 54957.6
City Representatives: Chris Constantin, City Manager; Brad McKinney, Assistant City Manager; Michael O’Brien, Administrative Services Director; Cecilia Todd, Human Resources Manager; Jeff Malawy, City Attorney Unrepresented Employees: All unrepresented employees and San Dimas Employees’ Association
2. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9(d)(4): One case
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): One case – Cienega Valley Estates.
4. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Jeff Malawy, City Attorney Unrepresented employee: City Manager
ADJOURNMENT
City Council Agenda
For the Meeting of May 9th, 2023 Page 5
City Council Agenda Items Index
AGENDA 1-6
PROCLAMATION/RECOGNITIONS
OLDER AMERICANS MONTH – HONOREE CAROLYN GOMM 7
SAN DIMAS HIGH SCHOOL 2023 CIF SOUTHERN REGIONAL DIVISION IV CHAMPTIONS 8-33
CONSENT
ITEM 1 – WARRANT REGISTER 35-74
ITEM 2 – APPROVE APRIL 25, 2023 CITY COUNCIL STUDY SESSION AND REGULAR 75-78
MEETING MINUTES
ITEM 3 – RATIFYING AND EXTENDING EXISTENCE OF A LOCAL EMERGENCY 79-80 Attachment 1 – Resolution 2023-27 81-88
ITEM 4 – REJECTION OF ALL BIDS FOR CONSTRUCTION CONTRACT 2023-03 89-91
PLAYGROUND REPLACEMENT PROJECT AT LONE HILL PARK AND HORSETHEIF
CANYON PARK, AND AUTHORIZATION TO STAFF TO READVERTISE THE PROJECT ITEM 5 – APPROVE REQUEST FOR BUDGET APPROPRIATION IN THE AMOUNT OF 93-94 $53,000 FOR PAYOUT OF COMPENSATORY LEAVE BALANCES
Attachment 1 – Budget Appropriation 95
ITEM 6 – ADOPTION ORDINANCE 1299, AMENDING SECTION 5.24.070 FEES FOR 97-98
COMMERCIAL MOVIE FILIMING
OTHER BUSINESS
ITEM 1 – DISCUSSION AND CONSIDERATION TO SUBMIT A LETTER OF OPPOSITION 99-101
TO THE PROPOSED AFFORDABLE PERMANENT SUPPORTIVE HOUSING DEVELOPMENT PROJECT AT 740 EAST FOOTHILL BOULEVARD
Attachment 1 – Letter of Opposition 102-105
Attachment 2 - Attachment 2 – Los Angeles County Development Authority (LACDA) Notice of 106-111 Funding Availability (NOFA)
Attachment 3 – NCRC Application for Funding 112-182
PUBLIC HEARING
ITEM 1 – PUBLIC HEARING REGARDING THE ADOPTION OF RESOLUTION 2023-28 183-185
SETTING THE SPECIAL CITY-WIDE LANDSCAPE PER PARCEL TAX FOR FY 2023-24 TO BE USED FOR LANDSCAPE MAINTENANCE PURPOSES
Attachment 1 – Resolution 2023-28 (With Increase) 186-187 Attachment 2 – Resolution 2023-29 (No Increase) 188-189 Attachment 3 – Ordinance 1086 190-191
City Council Agenda
For the Meeting of May 9th, 2023 Page 6
ITEM 2 – PUBLIC HEARING REGARDING THE ADOPTION OF RESOLUTION 2023-30, 193-194 CONFIRMING THE DIAGRAM AND ASSESSMENT FOR FY 2023-24 FOR OPEN SPACE MAINTENANCE DISTRICT NO. 1 (TRACT NO. 32818, BOULEVARD) Attachment 1 – Resolution 2023-30 195-196
Attachment 2 – Engineer’s Report For FY 2023-24 for Open Space Maintenance District No. 1, 197-200 Tract 32818, Boulevard
ITEM 1 – PUBLIC HEARING REGARDING THE ADOPTION OF A RESOLUTION 201-203 CONFIRMING THE ENGINEER’S REPORT AND INCREASE IN ASSESSMENTS AND DIAGRAM FOR FY 2023-24 FOR OPEN SPACE MAINTENANCE DISTRICT NO. 1 (TRACT NO. 32818, NORTHWOODS)
Attachment 1 – Ballot Tabulation Sheet 204
Attachment 2 - Resolution 2023-31 (In Favor) 205-210
Attachment 3 – Resolution 2023-32 (Opposed) 211-213
CLOSED SESSION
ITEM 3– CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 215-220 Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):
One Case – Cienega Valley Estates
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk’s Office at (909) 394-6216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].
Copies of documents distributed for the meeting are available in alternative formats upon request.
Any writings or documents provided to the City Council regarding any item on this agenda will be made available for public inspection at the Administration Counter at City Hall and at the San Dimas Library during normal business hours. In addition, most documents are posted on the City’s website at www.sandimasca.gov
Posting Statement: I declare under penalty of perjury that on May 5 th
, 2023, I posted a true and
correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E.
Bonita Ave., San Dimas Library 145 N. Walnut Ave., San Dimas Post Office 300 E. Bonita Ave., Von’s Via Verde Shopping Center 1160 via Verde Ave., and on the City’s website www.sandimasca.gov/agendas-minutes/ as required by law.
May 5th, 2023 _____________________________
Date Debra Black, City Clerk
HEREAS, for the past 58 years, the month of May has been proclaimed throughout the Country as “Older Americans Recognition Month”; and HEREAS, the City of San Dimas recognizes that older adults are trailblazers—advocating for themselves, their peers, and their communities—paving the way for future generations; and
HEREAS, we appreciate the value of inclusion and support in helping older adults successfully contribute to and benefit from their communities; and
HEREAS, during the month of May, the City of San Dimas is celebrating the birthdays of those residents who this year have attained the age of 90 and older; and
HEREAS, Carolyn Gomm, active volunteer in the City of San Dimas, has been selected to represent the City at the Los Angeles County Older American Recognition Celebration and
HEREAS, the San Dimas Senior Citizens Club, the Bingo
Committee, and the Senior Citizens Commission are commended for their volunteer commitments and financial contributions for the betterment of the San Dimas Senior Citizen/Community Center and the residents of San Dimas.
OW, THEREFORE, I, Mayor Emmett G. Badar, Mayor Pro Tem
John Ebiner, Councilmembers Eric Nakano, Ryan A.Vienna and Eric Weber do hereby proclaim May as “OLDER AMERICANS
MONTH” and urge every citizen to take time this month to recognize older adults and the people who serve and support them as powerful and vital citizens who greatly contribute to the community.
N WITNESS THEREOF, I, Mayor Emmett G. Badar, have
hereunto set my hand and caused the seal of the City of San Dimas to be affixed this 9th day of May, 2023.
__________________________________
Mayor
Attest:_________________________
City Clerk
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CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Kaley Rice
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Juliana Marquez
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Jesse Jaime
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Angel Solis
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Tiki Jaime
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Allison Hoshide
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Aubrey Hays
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Avery Kenealy
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Cynthia Vega
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Dahlia Gomez
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Giselle Baeza
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Hailey Ornelas
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Holly Sambas-Martinez
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Ireland Ries
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Jailene Brandon
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Leah Padron
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Mackenna Humphrey
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Maddie Arochi
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Mariah Hernandez
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Marina Vecino
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Melissa Rayas
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Mia Avila
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Peyton Davies
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Keyauna Thomas
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Bryanna Cota
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
CERTIFICATE of ACHIEVEMENT
PRESENTED TO
Karissa Gonzalez
2023 CIF SOUTHERN REGIONAL
DIVISION IV CHAMPIONS
ON THIS MAY 9, 2023.
Emmett G. Badar, Mayor of San Dimas
RESOLUTION 2023-26
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN DIMAS, CALIFORNIA, APPROVING
CERTAIN DEMANDS FOR THE MONTH OF APRIL
AND MAY 2023
WHEREAS, the following listed demands have been audited by the Director of Administrative Services; and
WHEREAS, the Director of Administration Services has certified as to the availability of funds for payment thereto; and
WHEREAS, the register of audited demands has been submitted to the City Council for approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve the Pre-paid Warrant Register for April 30th, 2023 in the amount of $210,229.35 and the May 15, 2023 Warrant Register in the amount of $599,060.23.
PASSED, APPROVED AND ADOPTED this 9th, day of May 2023. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2023-26 was approved by vote of the City Council of the City of San Dimas at its regular meeting of May 9th, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Debra Black, City Clerk
CITY COUNCIL
ACTION SUMMARY MINUTES
APRIL 25, 2023
Study Session Meeting
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem John Ebiner, Councilmember Ryan A. Vienna, Councilmember Eric Weber
Council Members Absent: Councilmember Nakano
Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Director of Parks and Recreation Scott Wasserman, Director of Community Development Henry Noh, City Attorney Jeff Malawy, City Clerk Debra Black
STUDY SESSION ITEMS COMMENTS/RECOMMENDATIONS
1. Presentation and Discussion of the
Preliminary 2023-24 Operating and
Capital Improvement Program Budget
No action was taken.
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk
CITY COUNCIL
ACTION SUMMARY MINUTES
APRIL 25, 2023
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem John Ebiner, Councilmember Ryan A. Vienna, Councilmember Eric Weber
Council Members Absent: Councilmember Eric Nakano
Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Director of Parks and Recreation Scott Wasserman, Director of Community Development Henry Noh, City Attorney Jeff Malawy, City Clerk Debra Black
CONSENT ITEMS COMMENTS/RECOMMENDATIONS
1. Approve Resolution 2023-22, A
Resolution of the City Council of the City
of San Dimas, California, Approving
Certain Demands for April 28th, 2023
Warrant Register in the Amount of
$656,832.26.
2. Approve Minutes of the April 11th, 2023
Regular City Council Meeting
3. Receive and File the Investment and
Cash Condition Report for March 2023
4. Approve Resolution 2023-23, A
Resolution of the City Council of the City
of San Dimas, California, Ratifying and
Extending the Declaration of the
Existence of a Local Emergency
5. Introduce Ordinance 1299, An Ordinance
of the City Council of the City of San
Dimas, California, Amending San Dimas
Municipal Code Section 5.24.070 P to
Allow Fees for Commercial Movie Filming
to be Adopted by Resolution Rather than
By Ordinance
6. Award Construction Contract 2023-02 and
Budget Appropriation for Eaton Road et al
Street Improvement Project to Sequel
Contractors, Inc. for a Total Bid Amount of
$784,477 and total Budget Amount of
MOTION: Motion/seconded by
Councilmembers Vienna/Weber to approve
the consent calendar with amended
recommendation to reflect Lot V on item 5 on
page 156 and to waive further reading of
Ordinance 1299. Motion carried 4-0.
YES: Badar, Ebiner, Vienna, Weber
NOES: None
ABSENT: Nakano
ABSTAIN: None
April 25, 2023 City Council Action Minutes Page 2
$991,377 and authorize the City Manager
to Execute the Contract in a form
Approved by the City Attorney
7. Authorize the City Manager to Execute,
Grant and Record Utility, Access and
Maintenance Easements for the Brasada
Tract 70583. This item is not subject to
environmental review under the California
Environmental Quality Act (CEQA). Under
CEQA guidelines Section 15378 (b)(5)
OTHER BUSINESS COMMENTS/RECOMMENDATIONS
1. Approve Resolutions for Funding and
Participation in the Permanent Local Housing
Allocation (PLHA) Program and Authorize the
City Manager or designee to Execute any
and all Documents Necessary for the
Funding and Participation in the Los Angeles
Urban County PLHA Program
MOTION: Motion/seconded by Mayor Pro
Tem Ebiner/Councilmember Vienna to adopt
Resolutions 2023-24 and Resolution 2023-
25. Motion carried 4-0.
YES: Badar, Ebiner, Vienna, Weber
NOES: None
ABSENT: Nakano
ABSTAIN: None
2. Authorize the City Manager to Execute a
Lease Agreement with Area D Office of
Disaster Management for Office Space at the
Martin House – 246 E. Bonita Ave. San
Dimas, California
MOTION: Motion/seconded by
Councilmembers Vienna/Ebiner to authorize
City Manager to execute a lease agreement
with Area D Office of Disaster Management
for office space at Martin House at 246 E.
Bonita Ave. Motion carried 4-0.
YES: Badar, Ebiner, Vienna, Weber
NOES: None
ABSENT: Nakano
ABSTAIN: None
STAFF AND CITY COUNCIL REPORTS COMMENTS/RECOMMENDATIONS a. City Manager City Manager provided update on
• Via Verde Improvement Project
• Proposed 740 Foothill Blvd Project
• LACADA Success During Past Week
b. City Attorney None
c. Members of the City Council
• Reports on Meetings Attended AB
1234 (G.C. 53232(d))
None
CITY COUNCIL REQUESTS FOR
FUTURE ITEMS
COMMENTS/RECOMMENDATIONS
Councilmember Vienna
Request by Councilmember Vienna
supported by Mayor Badar to agendize
April 25, 2023 City Council Action Minutes Page 3
discussion a of 740 Foothill Blvd County
Project at the May 9, 2023 meeting.
Mayor Badar
Request by Mayor Badar supported by
Councilmember Vienna to allocate $5,000 for
National Night Out Event.
CLOSED SESSION ITEMS COMMENTS/RECOMMENDATIONS
CONFERENCE WITH LEGAL COUNSEL--
ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government
Code section 54956.9(d)(4): Two cases.
Adjourned: 8:42 pm
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of May 9, 2023
From: Chris Constantin, City Manager
Prepared by: Anissa Livas, Senior Management Analyst
Subject: Approval of Resolution 2023-27 Determining the Need to Extend the Local Emergency Regarding March Winter Storm
____________________________________________________________________________
RECOMMENDATION
Staff recommends that the City Council:
• Approve Resolution 2023-27 Determining the Need to Continue a Local Emergency Regarding March Winter Storms.
FISCAL IMPACT
The continuation of the declared local emergency will help ensure reimbursement eligibility for related costs in response to the March Winter Storm. City staff has submitted a Request for Public Assistance with California Office of Emergency Services (CalOES) to seek reimbursement for eligible storm related expenses.
BACKGROUND AND DISCUSSION:
On March 28, 2023 the City Council ratified a Proclamation declaring the existence of a local emergency relating to unpreceded winter storms, in accordance with Government Code Section 8630 and San Dimas Municipal Code Section 8.28.060(A)(1).
Impacts from the March Storm continue in San Dimas, as significant erosion has occurred on private property with owners requesting assistance from the City through the use of City staff and a Geotechnical consultant to address safety and hazard concerns.
SUMMARY
Consideration of adopting a resolution to continue the local emergency relating to March Winter Storm impacts as such is required to be reviewed every 60 days.
Resolution to Continue the Local Emergency Regarding March Winter Storm Page 2 For the Meeting of May 9, 2023
Government Code Section 8630 requires that the City Council review the need for continuing a local emergency at least once every 60 days until the City Council terminates the local emergency.
As such, City staff recommend adopting Resolution 2023-27 extending the declaration of the existence of a local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 days.
ENVIRONMENTAL REVIEW
This item is not a project and does not fall within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly.
Respectfully submitted,
Anissa Livas
Senior Management Analyst
Attachments:
1 Resolution 2023-27
RESOLUTION 2023-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, RATIFYING AND EXTENDING THE DECLARATION
OF THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, City of San Dimas Municipal Code Section 8.28.060(A)(1) provides that the Director of Emergency Services may proclaim the existence of a local emergency when the City of San Dimas is affected or likely to be affected by a public calamity and the City Council is not in session, and requires that the City Council shall act to ratify the proclamation within seven days thereafter; and
WHEREAS, on March 21, 2023 and continuing, a significant storm impacted the City of San Dimas causing significant debris, erosion, and mudslides causing damage to roadways and local parks within the City with risk of landslide, fallen trees, damage to private property and surface deformations; and
WHEREAS, due to the above-described emergency conditions, the City Manager acting as Director of Emergency Services did proclaim the existence of a local emergency within the City on the 22nd day of March, 2023; and
WHEREAS, the Director of Emergency Services of the City of San Dimas found the storm and the foregoing conditions to constitute an extreme peril to the safety of persons and property within and around the City, and an extreme financial and service burden on the City due to all the foregoing conditions; and
WHEREAS, these conditions are or are likely to be beyond the control and the current capacity of the City of San Dimas to provide services, personnel, equipment, and facilities to address this emergency; and
WHEREAS, pursuant to Government Code section 8630 and San Dimas Municipal Code section 8.28.060(A)(1), a local emergency declared by the Director of Emergency Services shall not remain in effect for a period in excess of seven (7) days unless it has been ratified by the City Council; and
WHEREAS, the health, safety and welfare of City residents, businesses, visitors and staff are of utmost importance to the City and additional future measures may be needed to protect the community. The mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to the present stormrelated state of emergency. The City may require additional assistance in the future, and proclamation of local emergency allows additional resources to flow to the City in a timely manner; and
WHEREAS, on March 1, 2023, California Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state with ongoing responses to the recent storms; and
Attachment 1 Page 81
Resolution 2023-27 Page 2
Extending Declaration of Local Emergency Proclamation (March Storms) May 9, 2023
WHEREAS, on March 9, 2023, the President of the United States declared an emergency exists in the State of California and ordered Federal assistance to supplement State, tribal, and local response efforts due to the emergency conditions resulting from successive and severe storms, flooding, and mudslides; and
WHEREAS, the City’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully respond to the significant storms impacting the City of San Dimas on March 1, 2023, and continuing; and WHEREAS, after consideration of all facts reasonably available for review and all items, the City Council of the City of San Dimas now desires to proclaim and affirm the existence of a state of emergency throughout the City to make additional resources available to address the disaster impacts of the above-described storm.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds and believes that the above recitals are true and correct and incorporate them herein by this reference.
SECTION 2. Proclamation of Local Emergency. The actual existence of conditions of extreme peril to the safety of persons and property have arisen within the City of San Dimas, caused by the impacts of the above-described recent severe storm. The City Council, based upon the foregoing, now does proclaim, declare, and affirm the existence of a local emergency throughout the City.
SECTION 3. Ratification. The aforementioned conditions of extreme peril warranted and necessitated the proclamation of the existence of a local emergency throughout the City of San Dimas by the City’s Director of Emergency Services on February 27, 2023. The City Council of the City of San Dimas does hereby ratify and affirm the proclamation of a local emergency throughout the City of San Dimas by the City’s Director of Emergency Services on February 27, 2023 (attached hereto and incorporated herein by reference).
SECTION 4. Authority. During the existence of said local emergency, the powers, authority, functions and duties of the Director of Emergency Services and the City’s emergency services organizations shall be those prescribed by state law, all applicable law, City ordinances, resolutions, and approved plans of the City in order to mitigate the effects of said local emergency.
SECTION 5. Duration. The City Council shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency.
The City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (Government Code § 8630.) SECTION 6. Severability. If any subsection, sentence, clause, phrase, or word of this Resolution or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Resolution.
Resolution 2023-27 Page 3
Extending Declaration of Local Emergency Proclamation (March Storms) May 9, 2023
SECTION 7. Effective Date. This Resolution shall be effective immediately upon passage and adoption. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this 9th day of May, 2023. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2023-27 was adopted by the City Council of San Dimas at its regular meeting of May 9th, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Debra Black, City Clerk
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of May 9, 2023
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation
Subject: Rejection of all Bids for Construction Contract 2023-03 Playground Surface Replacement Project at Lone Hill Park and Horsethief Canyon Park, and Authorization to Staff to Readvertise the Project
______________________________________________________________________
RECOMMENDATION
Staff recommends that Council:
1. Reject all bids for Construction Contract 2023-03, and
2. Authorize City staff to re-advertise amended Request for Bids for the Playground Surface Replacement Project.
FISCAL IMPACT
The requested action is administrative and has a minimal fiscal impact associated with the recommended action.
SUMMARY
The Playground Surface Replacement Project, Construction Contract 2023-03, was publicly bid on March 29, 2023. In the process of reviewing the bids, the City received a bid protest from the second low bidder, R.E.Schultz Construction, Inc. As part of the bid evaluation process, staff reviewed the structure of the bid documents and determined that rebidding using a more detailed scope of work should be done to clarify the scope of work for Construction Contract 2023-03. Accordingly, Staff recommends that Council reject all bids for Construction Contract 2023-03 Playground Surface Replacement Project and authorize Staff to re-advertise the project.
Construction Contract 2023-03 Reject All Bids Page 2
For the Meeting of May 9, 2023
BACKGROUND
The Playground Surface Replacement Project was approved in the FY 2022-23 Capital Projects Budget to replace the existing Fibar engineered wood material with a more resilient lower maintenance pour in place (PIP) rubber surface material on the playgrounds at Horsethief Canyon Park and Lone Hill Park. The project encompasses four separate playgrounds at these two locations. The project is funded by Prop 68 Per Capita grant and City funds.
DISCUSSION/ANALYSIS
A Request for Bids for Construction Contract 2023-03 was published and bid opening was scheduled for March 29, 2023. The specifications and working details for this project are available for review in the City’s Parks and Recreation Department.
Before the opening of bids, the Request for Bids document was perceived by a bidder to be unclear on the total scope of work. To address this, City staff published an addendum on March 17, 2023 defining the scope of work to include all four playground areas and defining acceptable alternatives to base material.
By March 29, 2023, the City received 3 bids which included:
• Great Western Installations, Inc $285,240.97
• R.E Schultz Construction, Inc $318,630.00
• Ortco, Inc $347,200.00
The bids included a breakdown of detailed scope of work to be performed, which included:
• Mobilization
• Removal/Disposal of existing Fibar material
• Base preparation/Fine grading
• Installation of new base material
• Installation of PIP cushion layer
• Installation of PIP finish/cap layer
After opening of the bids on March 29, 2023, the City received a bid protest from R.E Schultz Construction regarding the apparent low bidder potentially omitting a portion of the scope of work and submission of the format of the bid documents submitted by the apparent low bidder.
Staff has since analyzed the protest and sought the apparent lowest bidder’s response to the protest and determined that there was confusion on the actual scope of required work based on the Request for Bids. The City will re-publish the project with an amended Request for Bids to clarify the full scope of work and acceptable bid format documents.
Section 3.30.070 of the San Dimas Municipal Code provides that all bids may be rejected by the City Council, at its discretion, and the project re-bid. Before rejecting all bids, the City must provide written notice to the apparent low bidder at least two business days prior to the City Council meeting at which the City intends to reject all bids. The required notice was provided by Staff to the apparent low bidder on April 20, 2023.
Construction Contract 2023-03 Reject All Bids Page 3
For the Meeting of May 9, 2023
ENVIRONMENTAL REVIEW
The requested item to re-bid the Contract is not subject to environmental review under the California Environmental Quality Act (CEQA). Under CEQA guidelines Section 15378 (b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment are not CEQA projects. Moreover, under CEQA guidelines CEQA guidelines Section 15784 (b)(4), government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment are not CEQA projects.
The replacement project itself is Categorically Exempt under CEQA guidelines, Title 14, Article 19 Categorical Exemptions, Section 15302. Replacement or Reconstruction Class 2.
Respectfully submitted,
Scott Wasserman
Director of Parks and Recreation
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of May 9, 2023
From: Chris Constantin, City Manager
Initiated by: Michael O’Brien, Administrative Services Director Subject: Request for a Supplemental Budget Appropriation of $53,000 to Reduce City Employee Accrued Compensatory Leave Balance Liabilities ______________________________________________________________________
RECOMMENDATION
Staff recommends the City Council:
1. Approve a supplemental budget appropriation in the amount of $53,000 across multiple overtime expense accounts for the purpose of paying out employees for accumulated hours of compensatory time.
2. Reduce the Compensated Assigned Fund Balance by $53,000 to offset the appropriation.
FISCAL IMPACT
Total expense and liability reduction estimated at $53,000. The recommended supplemental budget appropriation of $53,000 to various accounts listed in Attachment 1 would reduce the City’s Compensated Absence Assigned Fund balance for Compensated Absences.
DISCUSSION/ANALYSIS
Compensatory leave is an option given to employees who work an overtime assignment and receive compensatory leave instead of receiving overtime compensation. Accruals of compensatory time are given at a rate of time and a half, which is equal to the overtime compensation rate.
Under the Fair Labor Standards Act (FLSA), non-public safety employees can accrue up to 240 compensatory hours. The cap is intended to ensure that employers do not avoid paying overtime
SUMMARY
Staff requests the approval of a supplemental budget appropriation to allow for the payout of compensatory leave balance for employees who are now under the classification of Exempt and for all other employees with balances over 80 hours.
Budget Appropriation Page 2
For the Meeting of May 9, 2023
to employees by converting overtime to a leave balance and then restricting how such balance is used. Internally, public agencies are allowed to set compensatory leave balance caps at any amount below the FLSA limit, and in the City’s case, no limit was set.
Compensatory time is beneficial to allow employees to accrue leave balances, but it also becomes a liability as the City is obligated to grant use of compensatory time or payout the balance at a future period which is frequently done so at a higher hourly rate. For example, an employee may accrue 100 hours of compensatory time when they were earning $20/hour, hold the balance for several years in which time they receive step increases and cost of living adjustments. Then, the employee retires or is paid out the leave time at the time they are earning $30/hour, and the City is obligated to pay at the rate of pay earned at the time of payout. In this example, holding the compensatory time and receiving the payout results in a 50% increase in the cost to the City instead of just paying out the overtime when it was earned.
The Compensatory leave time program allows the employee to have additional leave to go towards future necessary time off from work, whether for vacation, sick leave, or personal use.
We support continuing the program, but adjustments to the City’s practices are necessary to contain future liability while balancing the benefit of providing additional leave to employees.
Recently, the Administration evaluated the compensatory time off program and prepared a written policy which balances the benefit of accumulating addition leave in the form of compensatory time off with the operational benefit and costs associated with paying out overtime. The policy was provided to City staff for comment and input, and based on the responding information, the policy was adjusted to minimize negative impacts on City employees.
As part of implementing the policy, the City needs to clear compensatory hours down to the new maximum limit for the compensatory time accrual and to eliminate balances that are held by exempt employees, as exempt employees do not accrue overtime. City staff is recommending paying out accumulated compensatory leave balances for employees who are now exempt (those paid a salary regardless of extra hours worked) and ineligible for overtime along with reducing the accumulation of comp time for nonexempt employees (those paid hourly) to balances of 80 hours or less.
Going forward any employee who accumulates more than 80 hours of compensatory leave would be paid overtime in the period in which it was earned rather than it continuing to build upon their compensatory leave bank. The City’s policy does provide for an exception to account for unforeseen conditions and good cause, but it requires the City Manager and the employee’s department head approval prior to exceeding the 80 hour limit. The City administration the policy is reasonable and measured to further the City’s interest in reducing liabilities while still providing an appropriate benefit to employees.
Respectfully submitted,
Michael O’Brien, Administrative Services Director
Attachments:
1. Budget Appropriation
Choose Type of Transfer/Supplemental Appropriation/Budget Modification Request:
X Type of Request Request Abbreviation Detail Enter Amount Fund Transfer
(BP-E.2) FT Appropriation transfer between funds.
Personnel to NonPersonnel
(BP-D.1.f.1)
PNP Appropriation transfer between personnel
and non-personnel categories.
x
Supplemental
Appropriation
(BP-E.2)
SA
An increase and/or decrease in an existing
appropriation(s) in the City Council
Adopted Budget or new appropriation(s).
Department
Transfer
(BP-D.1.f.2)
DT Appropriation transfer between departments
Category Transfer
(BP-D.1.f.3.) CT Appropriation transfer between expenditure categories.
Capital Projects
Transfer - Same
Year (BP-D.2.a)
PT.a
Appropriation transfer between capital
projects (same year re-allocation of funding
between projects).
Capital Projects
Transfer - Different
Year (BP-D.2.b)
PT.b
Appropriation transfer between capital
projects (different year rescheduling
projects).
Approvals (see authorization column above) Before obtaining approvals, please route to the Finance Office for review and numbering.
X Date
x
x
x
ADMINISTRATIVE SERVICES DEPARTMENT USE ONLY
Type of Request
(see type above) Current Budget Increase to
available budget
Decrease
from
available
budget
New Budget Total
SA $0 $15,500 $15,500
SA $5,000 $13,000 $18,000
SA $1,000 $2,500 $3,500
SA $15,000 $15,000 $30,000
SA $5,000 $5,000 $10,000
SA $10,000 $2,000 $12,000
$0
$0
$36,000 $53,000 $0 $89,000
Budget Transfer No.: Date added to index: By:
Supplemental
Formal
Supplemental
Confirming
Budget
Modification
Date added to Caselle: ____________________ By: _______________ 5/9/2023
CITY OF SAN DIMAS
BUDGET AMENDMENT
BA # __________________
Posted to G/L by: __________________
Date: __________________
001.4120.103.000 Overtime
To create a budget appropriation to pay down the City's compensated absences liability for compensatory time accumulated per the City's revised compensatory leave policy.
Under $100,000: CM
Over $100,000: CM, CC
Account Description
(Category/Object Detail)
City Council Meeting Approval (City Clerk)
GL/Account #
(if capital, include
project #)
Request for Budget Transfer/Supplemental Appropriation/Budget Modification ATTACHMENTS REQUIRED: Attach any additional information such as a capital expense report, department expense report or other documentation to support your request.
Up to $100,000: CM
Over $100,000: CM, CC
Authorization Required
Over $0: ASD, CM, CC
INSTRUCTIONS: As indicated in Budget Policies D.1, D.2 and E.2., identify the appropriate type of transfer request, supplemental appropriation or budget modification. Provide information, an explanation or justification for the request.
Over $0: ASD, CM, CC
Over $0: ASD, CM, CC
Under $10,000: ASD
$10,000 to $50,000: ASD, CM
Over $50,000: ASD, CM, CC
Scheduled for Council Meeting (date):
Does this create a fund balance deficit? yes no
TOTALS:
Overtime
001.4341.103.000
Does fund revenue support expense yes no
City Manager
Overtime
001.4420.103.000
001.4311.103.000 Overtime
001.4308.103.000
001.4410.103.000
Overtime
Overtime
Admin. Services Director/Finance Director
Specific explanation and justification of this request:
Department Director
Under $25,000: ASD
$25,000 to $50,000: ASD, CM
Over $50,000: ASD, CM, CC
Signature
Authorized Initiator
Approval
Attachment 1
$53,000
ORDINANCE 1299
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, AMENDING SECTION 5.24.070 P
FEES FOR COMMERCIAL MOVIE FILMING
RECITALS
WHEREAS, the City utilizes FilmLA, an Internal Revenue Code Section 501(c)(4) not-for-profit public benefit organization and the official film office of the City and County of Los Angeles which streamlines and enhances the on-location filmmaking process for the City of San Dimas; and
WHEREAS, FilmLA coordinates and administers the City’s film permit application and issuance process which saves the City time, money, and administrative burden by leveraging FilmLA’s permit coordination platform and expertise; and WHEREAS, FilmLA is best positioned to recommend the fees for commercial filming of motion pictures, and to ensure cost recovery for any set commercial filming fee, and any such fees will be operative when adopted or amended by the City by Resolution.
NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, California, does ordain as follows:
SECTION I. Section 5.24.070 F of the San Dimas Municipal Code is hereby amended to read, in its entirety, as follows:
P. Movie Filming. The license fee for the commercial filming of motion pictures shall be two hundred fifty dollars per day set by Resolution. In addition, a deposit shall be made sufficient to defray the costs of extra police protection and other expenses of the city. The amount of the deposit shall be determined by the city clerk.
SECTION II. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdication, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
SECTION III. CEQA DETERMINATION. The City Council hereby finds and determines that is can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Ordinance 1299 Page 2
Fees for Commercial Movie Filming
SECTION IV. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within 15 days after passage and adoption as may be required by law in a newspaper of general circulation in the City of San Dimas hereby designated for that purpose; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within 15 days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 9th, day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1299 was introduced at a regular meeting of the City Council of the City of San Dimas on the 25th, day of April, 2023, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 9th, day of May 2023. ___________________________
Debra Black, City Clerk
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of May 9, 2023
From: Chris Constantin, City Manager
Prepared by: Anissa Livas, Senior Management Analyst
Subject: Discussion and Consideration to Submit a Letter of Opposition to Proposed Affordable Permanent Supportive Housing Development Project at 740 East Foothill Boulevard and County Funding for the Project
____________________________________________________________________________
RECOMMENDATION
Staff recommends that the City Council:
• Approve the letter of opposition for the proposed affordable housing project at 740 East Foothill Boulevard.
FISCAL IMPACT
None. There is no fiscal impact on the General Fund as a result of the Council’s opposition to the proposed permanent supportive housing project at 740 East Foothill Boulevard. (Attachment 1) BACKGROUND:
National Community Renaissance of California (NCRC), a 501c(3) nonprofit organization is proposing to develop a 100% affordable, permanent supportive housing development located at 740 and 800 East Foothill Boulevard, east of San Dimas Canyon Road in an unincorporated area between the cities of San Dimas and La Verne. The proposed project is a five-story, 54-unit permanent supportive housing project for previously homeless individuals of all ages. Recently, NCRC and Supervisor Kathryn Barger’s Office indicate the project is being revised to limit the population served to seniors over the age of 55 who are working or retired and experiencing homelessness and includes onsite amenities and a property manager unit on site.
SUMMARY
Authorize City Manager to send a letter of opposition to the Los Angeles County Board of Supervisors and State of California regarding a proposed affordable permanent supportive housing project at 740 East Foothill Boulevard in East San Dimas.
Letter of Opposition: 740 E. Foothill Blvd – Permanent Supportive Housing Project 2 For the Meeting of May 9, 2023
The cities of San Dimas and La Verne were not notified of the proposed project by the County of Los Angeles, State of California, or developer NCRC was being considered for funding at a Board of Supervisor meeting. The City of San Dimas and La Verne discovered the proposed project funding when an item for the project was added to the County Board of Supervisors Regular Meeting Agenda for the meeting of April 18, 2023.
On April 18, 2023 both the cities of La Verne and San Dimas provided written and/or verbal opposition regarding the item and requested additional information and communication from the Board of Supervisors and NCRC. A request to delay the consideration of funding for the project was also submitted by both cities and funding consideration has been delayed to a date uncertain to allow for meaningful engagement and outreach with the community.
On Thursday, April 20, 2023 both cities issued a joint statement of concern and disappointment regarding the project scope, approval process and lack of community engagement. Since the statement, the City of San Dimas, in coordination with La Verne, have engaged NCRC and the County Board of Supervisors on a regular basis to receive project updates, provide feedback on perceived issues by residents and business owners, and have provided verbal opposition to the project.
DISCUSSION:
Due to recent changes in State law, this project is subject to “by-right” approval and is not required to have public hearings. Per California Assembly Bill 2162, permanent supportive housing projects are exempt from discretionary approvals from the local land use authority and per California Public Resources Code Section 21080(b)(1), the project is statutorily exempt from the California Environmental Quality Act (CEQA). Lastly, per State law, the project is entitled to certain incentives and waivers that allow for exemptions from requirements such as minimum rear and side yard setbacks, as well as exemption to maximum height restrictions per the State Density Bonus Law.
As a result of these laws, the County of Los Angeles is restricted and cannot lawfully deny this project or impose additional requirements. However, the project was tentatively eligible for a discretionary award of $7 million through the Los Angeles County Development Authority (LACDA) Notice of Funding Availability (NOFA) 28. (Attachment 2) The NOFA process is independently run by LACDA, which establishes guidelines for project eligibility and scoring criteria. According to LACDA, the project has met all the eligibility and qualification criteria for the NOFA application process.
The City of San Dimas and the County of Los Angeles are limited in denying the project or imposing additional requirements outright. The City of San Dimas, after reviewing the scope of the project, approval process, and state laws firmly request in the attached Letter of Opposition that when the item for project funding is added to the County Board of Supervisors Agenda at a later date, that the Board deny the approval for funding due to the project’s location, lack of community engagement, and scope and scale of the project. Further, given the numerous other projects that did not receive funding, the City requests the Board consider at least two of those projects which serve veterans and families.
Without the approved additional $7 million in funding, the project may still come to fruition if other financing is obtained. Further, the County and local cities are severely limited in the approval process for the project due to state laws that limit local control. However, the County Board of
Letter of Opposition: 740 E. Foothill Blvd – Permanent Supportive Housing Project 3 For the Meeting of May 9, 2023
Supervisors is fully in control of where it allocates funding for eligible projects, and if the County respects local perspective on the impacts of this project, the County would not approval discretionary funding for this project.
ENVIRONMENTAL REVIEW
This item is not a project and does not fall within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly.
Respectfully submitted,
Anissa Livas, Senior Management Analyst
Attachments:
1 Letter of Opposition
2 Los Angeles County Development Authority (LACDA) Notice of Funding Availability (NOFA)
3 NCRC Application for Funding
Director of Administrative
Services
Michael O’Brien
Director of Community
Development
Henry K. Noh
Director of Parks and
Recreation
Scott Wasserman
Director of Public Works
Shari Garwick
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209 sandimasca.gov City Council
Emmett Badar, Mayor
John Ebiner, Mayor Pro Tem - District 3
Ryan A. Vienna - District 4
Eric Weber - District 1
Eric Nakano - District 2
City Manager Chris Constantin
Assistant City Manager
Brad McKinney
City Attorney
Jeff Malawy
May 9, 2023
Supervisor Kathryn Barger
Chair, Los Angeles County Board of Supervisors
500 W. Temple St.
Los Angeles, CA 90012
RE: Proposed Affordable and Permanent Supportive Housing Project at 740 East Foothill Boulevard, San Dimas, CA for Persons Experiencing Homelessness Notice of Opposition.
Dear Supervisor Barger:
The City of San Dimas writes to express our opposition to the proposed affordable, permanent supportive housing project at 740 East Foothill, just outside the City limits of San Dimas. While we understand that State law restricts the County’s ability to control major aspects of the development project, the County Board of Supervisors is fully in control of whether it allocates $7 million in discretionary funding to the project, as it intended to do on April 18, 2023 without any public input from the impacted community.
The City once again wishes to express its disappointment regarding the lack of notification and communication regarding this project before its funding consideration during the April 18, 2023 Board of Supervisors meeting. It is unconscionable that the State of California, County of Los Angeles and the proposed developer National Community Renaissance of California (NCRC), could plan, organize, draft and prepare a 5-story, 54-unit permanent supportive housing project for homeless persons in an area with residents, local businesses, and immediately adjacent to an elementary school without once reaching out or requesting input from the very constituents who would be directly impacted by the development of such a project.
We ask that the Board reallocate the $7 million in loan funding to other projects which demonstrate more need and were not fortunate to receive funding. It appears that the next priority project services veterans which is an acute need in the County.
Attachment 1 Page 102
Notice of Opposition – Permanent Supportive Housing Project at 740 E Foothill Blvd. 2 May 9, 2023
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209 sandimasca.gov Loan Funding for Foothill Project Involves Unacceptable Risk to Region While the NCRC project is protected under State laws that circumvent local control in shaping project standards, the County has full discretion on controlling which projects receive Los Angeles County Development Authority funding. The by-right nature of this project does not eliminate the Board of Supervisor’s authority to withhold funding for a project that is illconceived and detrimental to the communities of San Dimas and La Verne.
First, there is a substantial need for public outreach and engagement. None has occurred during the Notice of Funding Availability 28 (NOFA 28) process. In fact, representatives from NCRC indicated that they normally prefer to have extensive outreach, yet they took no affirmative steps to ensure outreach was conducted. We appreciate the effort from Supervisor Barger to delay funding of this project until sufficient community outreach and engagement efforts have occurred.
Second, the development plans submitted for NOFA 28 funding and what was submitted to the County differ. The NOFA 28 funding indicates a 4-story building while building plans submitted to the County show a 5-story and almost 65-foot high. The County should not approve funding for a project that has not been finalized in its basic structure and does not comport with plans submitted during the funding application process.
Third, both development plans show minimal 10-foot setbacks overlooking single family homes, a day care and school. In addition, in the NOFA 28 application, the developer is not only seeking a density bonus, but also a reduction to required County setbacks. The development project is already not subject to local design standards of La Verne and San Dimas and given significant exemptions in process development through the State and County. Yet, the developer appears to be asking for additional considerations outside the scope of required County standards.
Fourth, there are significant risk exposures evident in developing this site, as articulated by NCRC in their NOFA 28 applications. NCRC erroneously indicated that NCRC will not assume any existing lease on the property. A lease for a commercial market exists onsite that would be impacted by the development of this project. Further, a property to the east of this development site is under escrow and appears to be landlocked by the proposed NCRC development. The access currently afforded to this landlocked property would impair the current building structure and require NCRC to rethink if it can continue the development while providing acceptable easement to the landlocked property. It is imprudent to extend a loan for a project that may be subject to dispute and challenges which could threaten the project.
Fifth, the location of this development displaces the at-risk population it wishes to service from access to sustaining and long-lasting employment, adequate amenities and resources for daily life, and sufficient high-quality transit. In addition, the market conditions of the area within a 5- mile radius do not currently provide the economic opportunity for the individuals serviced to transition into the community for the long-term. It should also be noted that within the 5-mile radius, the population that exists does not fall within the 30% average median income, resulting in higher housing and living costs.
Notice of Opposition – Permanent Supportive Housing Project at 740 E Foothill Blvd. 3 May 9, 2023
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209 sandimasca.gov City is Proud of its Efforts to Support the City’s Unhoused Population The City of San Dimas intimately understands the existence of a homeless crisis in the State of California and within the Los Angeles area region. The City of San Dimas has complied with all aspects of State Law to aid in this statewide effort to combat this crisis. San Dimas is one of the first cities to have obtained an approved Housing Element which includes outlining the need and planning for lower-income households, the homeless, people with disabilities, and seniors among other groups. All whilst many cities in California still lack an approved plan.
The City has also stepped up its local homeless outreach efforts by recently approving a $1.1 million, 5-year contract with Los Angeles Centers for Alcohol and Abuse (LA CADA) for proactive outreach services throughout the City, offering assistance such as reconnecting to family, substance treatment, housing solutions and mental health services. San Dimas now provides proactive outreach to our homeless population most days of the week and has been successful in assisting and providing care to this population. Additionally, the City allocated resources in its 2023-24 preliminary budget to provide additional support for the unhoused.
Our City Council and City staff are consistently working to find creative solutions to this ongoing crisis, taking on difficult and complex tasks and in many cases successfully planning for new services and avenues of outreach for the most vulnerable in our community, all while navigating the State and County’s annual barrage of overreaching authority that have thus far demonstrated limited success. It is disheartening that the County would support funding for a project that would move a population in need of such service to a community that cannot support the ready access to employment, does not address the City’s existing homeless issues, and allows a development project that if within the City of San Dimas would not fare well with financing given the risks associated with the developer being able to overcome the impediments of an existing lease on the property to be developed and easement access required for the neighboring landlocked property. There is a US. VETS Housing Corporation rehabilitation project in Los Angeles for 44 formerly homeless veterans and Jubilo Village in Culver City that would house large families in 95 units that are more deserving of this funding than the NCRC project in San Dimas.
County Board Controls Funding Decisions Which are Central to Project The proposed permanent supportive housing project at 740 East Foothill Boulevard is the latest overreaching act by the state and county. We understand that numerous State laws restrict the City and County from execution of their local control; however, the County Board does control whether it funds a project that is not currently approved and is subject to change.
Approval of funding for this project doubles-down on the recent trend of the state overriding its own mandated local housing plans by forcing and imposing housing projects on local communities without regard to the needs of the community, opportunities for environmental review, or public input.
Notice of Opposition – Permanent Supportive Housing Project at 740 E Foothill Blvd. 4 May 9, 2023
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209 sandimasca.gov While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and result in additional outcry and initiatives limiting housing development.
We’d like to extend our gratitude to you, Supervisor Barger. Since the notice of this project your commitment in strengthening communication efforts between our cities, the developer and the County are appreciated. We encourage and request that the state and county continue to partner with local officials. We are here and willing to engage to ensure our community’s interests are heard and considered.
For these reasons, the City of San Dimas opposes the affordable and permanent supportive housing project for homeless persons at 740 East Foothill Boulevard proposed by NCRC and requests that the County of Los Angeles Board of Supervisors reallocate any funding considered for this project to one or more of the many other projects which have high priority.
Recommendation is to allocate funding to either US. VETS Housing Corporation rehabilitation project in Los Angeles for 44 formerly homeless veterans and Jubilo Village in Culver City that would house large families in 95 units that are more deserving of this funding than the NCRC project.
Sincerely,
Emmett Badar
Mayor
City of San Dimas
Cc: Los Angeles County Board of Supervisors
Los Angeles County Development Authority
City of La Verne City Council
National Community Renaissance of California
TERM SHEET
NOFA 28
In collaboration with the Chief Executive Office of the County of Los Angeles, the focus of this Notice of Funding Availability for Affordable Multifamily Rental Housing, Round 28 (NOFA 28) is on new construction and acquisition/rehabilitation projects that create new Special Needs and affordable rental housing units for residents vulnerable to COVID-19 and in areas significantly impacted by the COVID-19 pandemic. Incorporating the principles of the County’s Anti-Racism, Diversity, and Inclusion (ARDI) Initiative, the Los Angeles County Development Authority (LACDA) seeks to support the creation of permanent housing to provide equitable relief and assistance to impacted communities. An overriding goal is to ensure that recovery programs are equity-focused, community-empowering, worker-centered, and results- and evidence-focused to maximize the benefits of the communities suffering disproportionate health and economic impacts from the COVID-19 pandemic.
Incorporating equity components into the NOFA enables the LACDA to prioritize disproportionally impacted communities. In addition to ensuring equitable access to housing, this NOFA seeks to attract developers, property management companies, architects, contractors, and workers in impacted communities to ensure that the LACDA funds benefits those most impacted. The LACDA will work closely with the County of Los Angeles Department of Economic Opportunities to certify development team members that qualify for Local Small Business Enterprise (LSBE), Disabled Veteran Business Enterprise (DVBE), Social Enterprise (SE), and Community Business Enterprise (CBE) certifications. Equity points will be awarded to team members that have an active certification for any of these programs.
In October 2022, the LACDA will release NOFA 28, which will provide capital funding and Section 8 Project-Based Vouchers (PBVs) and Project-Based Veterans Affairs Supportive Housing (PBVASH) Vouchers for the creation and operation of permanent affordable multifamily rental housing units in Los Angeles County.
Applications will be due 45 days from the release date of NOFA 28. The LACDA will launch and utilize a new Universal NOFA (UNOFA) Application Website. Applicants are encouraged to register to the UNOFA Website before the release of NOFA 28. Applicants can register at https://www.unofa.org/#/homepage and also review the user manuals for further information under the FAQs section.
Attachment 2 Page 106
NOFA Round 28 Term Sheet
Available Capital Funds
▪ Up to $35,200,000 in Affordable Housing Trust Funds (AHTF) for units reserved for qualifying Special Needs populations.
Available Rental Assistance
▪ Up to a total of 300 PBVs/PBVASH Vouchers are available to projects within LACDA’s jurisdiction. At the sole discretion of the Executive Director, the LACDA will consider providing PBVs for projects in jurisdictions in which the local Housing Authority has reached the statutory cap for PBVs. A letter from the Housing Authority confirming this status will be required and the local Housing Authority will need to enter into a Memorandum of Understanding with the LACDA.
▪ Projects must apply for and be awarded capital funds to qualify for rental assistance, with one exception. Projects seeking only PBVASH Vouchers may apply for this rental assistance type as a stand-alone application. Such applications will only be considered if sufficient PBVASH Vouchers remain after providing rental assistance to projects funded through NOFA 28.
Eligible Applicants
Eligible applicants include nonprofit and for-profit organizations, limited liability companies, limited partnerships, public agencies, local jurisdictions, and joint ventures among any of these entities.
There is no restriction on the number of applications a developer can submit, but the LACDA will only award a maximum of two projects submitted by the same applicant.
Eligible Project Types & Requirements
▪ Tax Credit Projects: Projects using tax credit financing must provide at least 25 units of permanent multifamily rental housing and set aside the greater of 20% of the total units or 15 units for a qualifying Special Needs population.
▪ Projects Without Tax Credit Financing: Projects that do not propose using tax credit financing must set aside at least 20% of the total units for permanent multifamily rental housing reserved for a qualifying Special Needs population and request at least $1,000,000 in capital funds.
All eligible project types must meet the following requirements:
▪ Projects must be located entirely within Los Angeles County. ▪ For projects developed on land owned by or formerly owned by the LACDA or the County of Los Angeles, at least 49% of the total units must be reserved for an eligible Special Needs population.
▪ If any portion of a proposed development site is within 500 feet of a freeway, the project must be designed in such a way as to exclude from this 500-foot freeway “buffer” area any portion of the residential building, as well as play areas, community rooms, gardens, patios, and other areas where residents may reasonably be expected to congregate. The LACDA shall review and approve, at its sole discretion, any site plans for developments of this type.
▪ Projects must be new construction, acquisition and operation, or acquisition with rehabilitation.
o A rehabilitation project must:
NOFA Round 28 Term Sheet
Submit at the time of NOFA application a Capital Needs Assessment that meets the requirements of current California Tax Credit Allocation Committee regulations.
Provide new affordable units to the housing stock. Projects with existing affordability covenants are not eligible unless the covenants are expiring within five (5) years of the NOFA application due date. Not displace low-income households, or remove low-income units from the housing stock, unless the project provides for a two- (2) for-one (1) unit replacement.
▪ Projects seeking capital funds must not have commenced construction. Projects that are only seeking PBVASH Vouchers may be in predevelopment or be completed (but not in construction, per regulations).
▪ Projects must adhere to the County’s local and targeted worker hire provisions. ▪ Projects that propose or implement a local preference will not be eligible for funding. An exception to this prohibition may be made for projects in jurisdictions with their own Continuum of Care.
Target Special Needs Populations
▪ Homeless Households
▪ Homeless Seniors
▪ Chronically Homeless
▪ Homeless Veterans
▪ Homeless Living With a Mental Illness
▪ Persons Living With HIV / AIDS
▪ Persons With Intellectual and Developmental Disabilities ▪ Transition Age Youth
▪ Survivors of Domestic Violence/Human Trafficking
Affordability Requirements
▪ Units must be restricted to households earning at or below 30% of the Area Median Income (AMI). Income targeting may be as high as 35% AMI with reasonable justification provided by the applicant and approved by the LACDA.
▪ Units assisted by PBVASH Vouchers may target residents with incomes up to 50% AMI.
Funding and Geographic Restrictions
The LACDA provides funds for eligible projects based on the target populations and/or geographic area and reserves the right to shift funding at its discretion, including incorporating federal HOME funds into eligible projects.
Maximum Funding Per Project:
▪ Projects located in unincorporated Los Angeles County: $7 million ▪ Projects located in jurisdictions outside of the City of Los Angeles: $5 million ▪ Projects located in the City of Los Angeles: $3 million
NOFA Round 28 Term Sheet
CAPITAL FUND SUBSIDY LIMITS
Number of Bedrooms Maximum Per Unit Subsidy
Studio $140,000
1 $150,000
2+* $160,000
*Projects proposing 3-bedroom units or larger for special needs populations must receive LACDA approval.
RENTAL ASSISTANCE
Type of Funds Target Population Eligible Geography Maximum Subsidy Per Unit
PBVs Special Needs up to
30% AMI Unincorporated Los
Angeles County or
Participating
Jurisdiction*
As specified by LACDA
Section 8 payment
PBVASH standards
Vouchers
Homeless veterans &
their families up to
50% AMI
*The LACDA will consider providing PBVs for projects in jurisdictions in which the local Housing Authority has reached the statutory cap for PBVs. A letter from the Housing Authority confirming this status will be required and the local Housing Authority will need to enter into a Memorandum of Understanding with the LACDA.
Key Threshold Requirements
Applications will be reviewed in two stages: 1) threshold review and 2) technical scoring.
The following are key minimum threshold requirements that applicants and projects must meet to be considered for technical scoring:
▪ Lead Developer: Must have completed a minimum of three (3) affordable rental housing projects that have been in operation for at least three (3) years. ▪ Lead Supportive Services Provider: Must have a minimum of 12 months of experience in providing services to the project’s Special Needs population in at least one (1) housingsetting project. If the Lead Supportive Services Provider does not have experience serving the proposed Special Needs population, the applicant must justify how the prior experience serving other Special Needs populations in a housing setting is transferrable to the proposed population.
▪ Supportive Services: The Supportive Services Plan must address adequate service provision to all project populations not covered by the Los Angeles County Health Agency or the U.S. Department of Veterans Affairs.
▪ Property Manager: Must have experience in managing at least two (2) projects with similar tenant populations and of similar scale as the proposed project. The Property Manager may be the applicant’s own personnel, or a third-party contractor. ▪ Design: The project architect must have completed at least two (2) affordable multifamily rental housing projects, or one (1) LACDA-funded affordable multifamily rental housing project of the type currently being proposed (new construction or rehabilitation). ▪ Compliance: Applicants must be in compliance with all regulatory agreements with the LACDA and requirements of other governmental entities or permitting agencies. The LACDA retains sole discretion to approve or reject applicants based on past performance. ▪ Cash Flow: Must demonstrate positive cash flow for 20 years and elements of the cash flow statement must adhere to the LACDA’s underwriting guidelines. ▪ Affordability: All units funded by the LACDA must target households earning at or below
NOFA Round 28 Term Sheet
30% of AMI for Special Needs, or at or below 50% of AMI for PBVASH units.
Key Technical Scoring Categories
Funding for NOFA 28 was enabled through the County’s administration of American Rescue Plan Act (ARPA) funds, therefore, applications will be scored in two tiers. Tier 1 will be for projects located in jurisdictions that did not receive a direct allocation of American Rescue Plan Act (ARPA) funds from the federal government. Tier 2 will be for projects located in jurisdictions that received ARPA funds. Funds will be prioritized for Tier 1 projects. Tier 2 projects will be considered for funding if sufficient funds remain after Tier 1 projects have been awarded. Applicants can use the NOFA 28 map to identify the tier of their project.
The following are the general categories that will be used to score applications. ▪ Committed Public Financing: Ratio of committed capital funds from public agencies to total development costs.
▪ Committed Rental Subsidy: Ratio of Special Needs units with a committed rental subsidy to total Special Needs units.
▪ Applicant Team Experience:
o In addition to meeting the minimum threshold experience, the Lead Developer will be scored based on additional completed Special Needs and affordable rental housing projects.
o In addition to meeting the minimum threshold experience, the property management company will be scored based on experience managing Special Needs and affordable rental housing projects.
o In addition to meeting the minimum threshold experience, the Architect of Record will be scored based on experience with affordable rental housing projects of the type proposed (new construction or rehabilitation).
o Equity Points: Additional points are available for developers, managing general partners, property management companies, and architects with an active Los Angeles County LSBE, DVBE, SE, or CBE business certification. Certification information is available here https://www.lacda.org/affordable-housing/multifamily-rental-housingnofa. ▪ Supportive Services:
o Supportive services will be evaluated on a Pass/Fail basis. o A Pass rating will be awarded to Supportive Services Plans that appropriately complete address the service criteria for the population(s) the project will serve, which will be defined in the NOFA. The Plan must include a detailed description of each service and identify the provider. For mixed population projects, there must be clear distinction between the staffing resources and services allocated to each population. o Those projects that receive a Pass rating may also be issued a Final Conditions List detailing sections of the Supportive Services Plan that must be revised prior to release of any loan funds.
▪ Design: Projects will be evaluated on a Pass/Fail basis. Projects will be assigned a rating of Pass if they generally adhere to the LACDA’s Design Requirements. ▪ Geography: Points will be awarded, in descending amounts, for projects located in 1) Unincorporated Areas of Los Angeles County and then 2) Jurisdictions outside of the City of Los Angeles.
▪ Equity Layers: Points will be awarded to projects based on their location relative to the County’s COVID-19 Vulnerability & Recovery Index, Tenant Vulnerability Index, and Concentrated Disadvantage Index. To identify your project’s location, use this map https://lacounty.maps.arcgis.com/apps/instant/lookup/index.html?appid=cd056f15b89c4
NOFA Round 28 Term Sheet
6829393c3617c565244.
▪ Readiness: Projects that exhibit readiness to start construction, based on funding, entitlements, and permit status.
▪ AHSC Participation: Points will be awarded to projects selected by the County’s Affordable Housing and Sustainable Communities (AHSC) workgroup. Applicants are encouraged to learn more about the AHSC program, information is available here https://www.lacda.org/affordable-housing/multifamily-rental-housing-nofa. ▪ LACDA/County-owned land: Points will be awarded to projects that are located on land owned by the LACDA or County of Los Angeles.
▪ Tangible County Support: Points will be awarded to projects that received capital funding from a County agency.
▪ Units Produced: Points will be awarded based on the number of units produced.
Funding under this NOFA will be awarded on a competitive basis and the ability to meet County housing goals. The LACDA reserves the right in its sole discretion to modify any terms in this Term Sheet. This Term Sheet is issued to highlight general program goals and requirements. Full requirements and regulations will be included in the published NOFA.
Application Header
Statement of Eligibility
740 E Foothill :
Application ID
1247
Property Address
-
Organization
National Community Renaissance of
California (National CORE)
NOFA Round
Notice of Funding Availability, Round 28
(NOFA 28)
Agency
LACDA
Application Close Date
12/19/2022
Application Status
Under Threshold Review
Case Manager
Beatriz Lopez
This online application accompanies the Notice of Funding Availability, Round 28 (NOFA 28) Guidelines released by the Los Angeles County Development Authority (LACDA). It contains or references all documents needed to apply for capital funds and/or rental assistance.
Please consult the NOFA 28 Guidelines and other referenced documents for specific eligibility criteria and program guidelines. The NOFA 28 Guidelines and the online application are for multifamily affordable rental housing projects only.
All questions must be answered, or if an individual item does not apply to your project, indicate this in the response and explain if applicable. “See attached” or “enclosed” as an answer is not sufficient. Brochures, clippings, or promotional pieces will not be considered as an acceptable response and should not be included in the application. Documents from separate entities or of different origins should be separated and clearly identified.
Once an application has been submitted, applicants will not be permitted the opportunity to add any information or cure deficiencies. Applications that are incomplete or have other content errors, inconsistencies, misrepresented information, or deficiencies will not pass Threshold Review and will not be scored. Failure to follow these requirements may lead to disqualification. Disqualified applications will not be evaluated.
1. The proposed project involves New Construction.
Yes
2. The proposed project involves Acquisition and Rehabilitation, as defined in the NOFA, and the application includes a Capital Needs Assessment.
Attachment 3 Page 112
Project Information
No
3. The proposed project assumes Low-Income Housing Tax Credit (LIHTC) financing and meets the requirements of a Tax-Credit Project, as defined in the NOFA.
Yes
3a. If the proposed project assumes LIHTC financing, the project provides at least 25 units of permanent, multifamily housing and set aside at least 20% of the total units, but no fewer than 15 units, for at least one qualifying Special Needs Population.
Yes
4. The proposed project's housing units and other areas where residents may reasonably be expected to congregate are located greater than 500 feet from a freeway.
Yes
5. The proposed project is located in its entirety within the geographic parameters defined for the funding requested.
Yes
6. The proposed project has not commenced construction.
True
7. Is the project located in Unincorporated Los Angeles County or a city within the jurisdiction of the LACDA (for PBV/PBVASH requests)?
Yes
8. The proposed project acknowledges that it will use a Coordinated Entry System or the LACDA's waiting list for PBV/PBVASH units.
Yes
9. The proposed project asserts that it is financially feasible (assuming NOFA award(s)).
Yes
1. Project Name
740 E Foothill
2. Type of Assistance Requested
Capital Financing & Rental Assistance
3. Project Type
New Construction
5. Amount of Affordable Housing Trust Funds (AHTF) requested $7,000,000.00
6. Proposed Use of Funding
Construction
Permanent
7. Is the project retaining funds from a previous NOFA? No
7a. If yes, NOFA Round and Amount
-
8. Are you requesting rental assistance? (PBVs or PBVASH) Yes
8a. If yes, identify how many PBVs and/or PBVASH
52 9. Is the project retaining an LACDA PBV allocation, if yes, identify the number of vouchers.
No
10. Is the project retaining an LACDA PBVASH allocation? If yes, identify the number of vouchers.
No
11. Is the project applying to TCAC?
9% LIHTC
12. TCAC Housing Type
Special Needs
13. Will the project use NOFA funds as leverage for another application? Yes
Existing Site Information
13a. Name of Funding Source and Application Date
TCAC Earliest 9% round possible in 2023
14. Have you ever applied for or received public funds for this proposed project? No
To search for site address, please follow these steps:
Select Site number from dropdown.
Select to Search by APN (Accessor's Parcel Number), Street, or Manual.
Street name must be exact as database has it stored.
ie. if street name is "Ave J12" try "Ave" and "Avenue" or with and without a dash; "J12" and "J-12".
With any selection, please be sure to fill out all the required fields and Search button will enable.
After clicking on Search, a dropdown will return address results for you to select from.
Select the address you are looking for and Add button will enable Click on Add button to be added and you will see property details grid appear below If address is not found, please try another search option or type in manually.
1. Select Site Address
Site Order APN Number Address
1 2 8661-020-015 -
1 3 8661-020-016 740 E FOOTHILL BLVD SAN
DIMAS CA 91773
1 3 8661-020-014 800 E FOOTHILL BLVD SAN
DIMAS CA 91773
Council District Council Supervisor
District Census Fed Senate
- - - - -
- - - - -
- - - - -
Assembly Year Built CRA Use Code House Id
- 12-31-1969 - 100V -
- 12-31-1969 - 3100
Page - 115
2. Is the site located in the Unincorporated areas of Los Angeles County? Yes
3. Identify the Los Angeles County Service Planning Area (SPA) for the site 3 4. If the site is outside the City of Los Angeles, is the site in a HOME participating city? No
5. Is the site located in a Difficult to Develop Area as per TCAC definition? Yes
6. Is the site located in a Qualified Census Tract per the TCAC definition? No
7. Is the site located in a Highest or High Resource Area as per TCAC definition? Yes
8. Is the existing site vacant?
No
8a. If existing site is not vacant, what year was the existing property built? 1950
9. Are there existing structure(s) built prior to 1978? Yes
9a. For existing building to rehab, provide the year built -
10. Are any of the following present at the proposed project site? None
11. Is the Asbestos report included?
Not Applicable
- 12-31-1969 - 0100 -
Proposed Project Information
12. Is the Lead-Based Paint report included?
Not Applicable
13. Does the project contain any properties listed on the National Register of Historic Places, the State of California inventory of historic places, or local inventory of historic places? No
13a. Are there properties within the site boundaries or within a ½ mile radius of the site that appear to be historic?
No
14. Please describe the current use of the site.
Vacant General Commercial/Retail Buildings
Square Feet Land
28951
Acres
1 Indicate the form of Site Control
Purchase and Sale Agreement
1. Is the project fully entitled?
Yes
2. Will the project increase the density of units on the site? Yes
3. Are any additional incentives being requested in connection with a density bonus such as reduced yards, increase in height or FAR, etc?
Yes
4. Are any discretionary approvals or deviations from the code required (i.e. zone changes, variances, site plan review, etc.)?
No
4a. Please explain or list approvals, deviations, or incentives requested and the expected approval date(s).
Please list case numbers, approving jurisdictions/department,and expected approval date.
The development is seeking a reduction in the required setbacks.
5. Does the project have CEQA approval?
Yes
6. Does the project have a Phase I?
Yes
7. Does the project require a Phase II?
Yes
8. Does the project have a Termite Inspection Report?
Not Applicable
9. Will the project require demolition of an existing structure? Yes
10. Does the proposed project consist of two or more stories with an elevator.
Yes
10a. How many stories?
4 11. Does the proposed project consist of two or more stories without an elevator? No
12. Does the project include any commercial space?
No
13. Indicate what type of parking will be provided
Tuck-Under
14. Indicate number of residential and commercial parking spaces 21
15. Does the proposed project consist of one or more levels of subterranean parking? No
16. Does the proposed project consist of community facilities where at least 5% of the total building square footage will be reserved for non-residential use
No
17. Does the project include any laundry facilities?
Yes
17a. If yes, describe the size of spaces and location(s).
Centralized laundry facilities are located on the second and fourth floors and are approximately 130 square feet in size each. In accordance with TCAC regulations, the project will include no fewer than one washer/dryer per 10 units.
18. Does the project include any residential common areas? Yes
18a. If yes, describe the size of the spaces and use for each area.
The proposed project includes a 1,800 SF multipurpose community room, and 3,988 SF of outdoor landscaped seating areas with BBQs.
19. Does the proposed project provide other residential common areas? No
If yes, describe
N/A
20. Is payment of California Prevailing wages required? No
20a. If yes or no, explain why.
There are no state sources that will require the payment of State prevailing wages.
21. Is payment of federal Davis-Bacon wages required?
Yes
21a. If yes or no, explain why.
Davis-Bacon wages are required as the project is requesting PBVs.
Financial Proforma
Follow the below steps to complete and upload the Financial Proforma:
1. Click on the Download Proforma button to download the project proforma template.
2. Open the Excel file and follow the directions to complete the proforma.
3. Once the proforma is completed, make sure to save the document on your computer by using the project's short name as its file name. The completed file should be uploaded as one Excel file with all information completed.
4. Click on the Upload Proforma button to upload the completed proforma file. You do not need to fill out any fields online as they are locked. The below summary tables will populate automatically once the excel file is uploaded successfully. This summary information was selected for reporting and research purposes.
5. If you need to make any corrections and/or revisions, the edits must be done first on the Excel file saved on your computer and saved with an updated file name. After the corrected file is saved, applicants must re-upload the corrected file to the UNOFA application to replace the previous file and data. Every new upload causes the previous data to be overwritten by data in the most recent proforma file uploaded. For questions regarding the process, please contact LACDA using the Ask a Question feature on the UNOFA application website.
6. Once the completed proforma has been uploaded successfully, please scroll through the page to make sure that all the summary tables have been populated successfully.
7. Make sure to click on Save button on the online application page to save your proforma data.
Note: The uploaded project proforma file can be found in the Documents tab in the application summary.
D1 Acq Predev Financing
Lien Position Name of Lender/ Source Term in Months Interest Rate 1 Not Applicable - 0.00%
2 - - 0.00%
3 - - 0.00%
- - - 0.00%
- - - 0.00%
- - - 0.00%
- - - 0.00%
Total # of Units : 53
TOTAL ANNUAL POTENTIAL GROSS INCOME : $368,220.00
Construction Sources
- - - 0.00%
- - -
Total Funds for
Acquisition/Predevelopmen
t%
Amount of Funds
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Lien Position Name of Lender/Source Name of Source, IF
"Other" Term in Months
1 Construction Loan 30
2 LACDA - AHTF 684
3 Deferred Costs NA
GP Equity NA
- - - -
- - - -
Permanent Sources
Interest Rate Amount of Funds
7% $18,312,599.00
3% $6,895,000.00
NA% $2,030,617.00
NA% $100.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
Total Tax Credit Equity% $8,653,452.00
Total Funds for Construction% $35,891,768.00
Lien Position Name of Lender/Source Name of Source if "Other" Term in Months 1 Permanent Loan 240
2 LACDA - AHTF 684
3 GP Equity NA
-
-
-
-
-
-
-
- Page 122
D3 Development Budget
-
-
-
-
-
- - - -
- - - -
- - - -
Interest Rate Amount of Funds
7% $7,258,039.00
3% $7,000,000.00
NA% $100.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
- $0.00
Total Permanent Financing% $14,258,139.00
Total Tax Credit Equity% $21,633,629.00
Total Sources of Project Funds% $35,891,768.00
Budget Items Total Residential Non-Residential
Total - Acquisition Costs $1,665,000.00 $1,665,000.00 $0.00
Offsite Improvements $1,138,487.00 $1,138,487.00 $0.00
General Requirements $1,451,445.00 $1,451,445.00 $0.00
Contractor Overhead $622,048.00 $622,048.00 $0.00
Contractor Profit $829,397.00 $829,397.00 $0.00
Total - Construction Costs $24,156,181.00 $24,156,181.00 $0.00 Total - Architectural Costs $850,000.00 $850,000.00 $0.00 Construction Loan Interest $1,735,880.00 $1,735,880.00 $0.00 Origination Fee $183,126.00 $183,126.00 $0.00
Costs of Bond Issuance
a) Underwriter Fee $0.00 $0.00 $0.00
b) Underwriter Counsel $0.00 $0.00 $0.00
c) Issuer Fee $0.00 $0.00 $0.00
d) Issuer Financial Advisor $0.00 $0.00 $0.00
e) Bond Counsel $0.00 $0.00 $0.00
f) Lender Origination/LOC
Fee $0.00 $0.00 $0.00
g) Lender Counsel $0.00 $0.00 $0.00
h) Rating $0.00 $0.00 $0.00
i) Trustee Fee $0.00 $0.00 $0.00
j) Trustee Counsel $0.00 $0.00 $0.00
k) Printing $0.00 $0.00 $0.00
l) CDLAC Fees $0.00 $0.00 $0.00
Property Taxes $20,750.00 $20,750.00 $0.00
Lender Legal Pd. by
Applicant $60,000.00 $60,000.00 $0.00
Borrower - Transaction $45,000.00 $45,000.00 $0.00
Borrower - Syndication $70,000.00 $70,000.00 $0.00
Other: (specify) $0.00 $0.00 $0.00
Total - Appraisal Costs $15,000.00 $15,000.00 $0.00
Hard Cost Contingency $1,207,810.00 $1,207,810.00 $0.00 Soft Cost Contingency $200,258.00 $200,258.00 $0.00
Local Development Impact
Fees $1,408,068.00 $1,408,068.00 $0.00
Permit Processing Fees $424,000.00 $424,000.00 $0.00
D4 Operating Budget
D5 Operating Subsidies
School Fees $0.00 $118,823.00 $0.00
Marketing $85,000.00 $85,000.00 $0.00
Relocation Expenses $0.00 $0.00 $0.00
Furnishings (common
areas) $79,500.00 $79,500.00 $0.00
Unit Furnishings (homeless
units) $156,000.00 $156,000.00 $0.00
Accounting/Audit $25,000.00 $25,000.00 $0.00
Acq/Predev Loan Fees &
Expenses $0.00 $0.00 $0.00
Construction Management $0.00 $0.00 $0.00
Security $144,000.00 $144,000.00 $0.00
Green Building Certification $75,000.00 $75,000.00 $0.00 Consultant $50,000.00 $50,000.00 $0.00
Developer Fee $2,200,000.00 $2,200,000.00 $0.00
TOTAL DEVELOPMENT
COSTS $35,891,768.00 $35,891,768.00 $0.00
Budget Items Residential Component
Proposed Budget
Commercial Component
Proposed Budget Proposed Budget
Audit expense $12,000.00 $0.00 $12,000.00
Security $2,915.00 $0.00 $2,915.00
TOTAL OPERATING
EXPENSES $426,455.00 $0.00 $426,455.00
Project Reserves
Operating Reserves $0.00 $0.00 $0.00
Replacement Reserve $15,900.00 $0.00 $15,900.00
Transition Reserve $0.00 $0.00 $0.00
Social Services $50,000.00 $0.00 $50,000.00
Partnership Management
Fee $0.00 $0.00 $0.00
Subsidy Source Subsidy Program Date of Application Date of Award LACDA Section 8 PBVs 12/19/22 3/1/23
Total Number of Subsidized Units : $52.00
Total Annual Subsidy : $889,824.00
D6 Project Rent Schedule
Initial Term of Subsidy (years) Number of Subsidized Units Total Annual Subsidy 20 52 $889,824.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
# of Units % AMI SN Units? Target Population
52 30.00% Yes HM- Individuals
- No (Select)
- No (Select)
- No (Select)
- No (Select)
- No (Select)
- No (Select)
- No (Select)
- No (Select)
- No (Select)
- No (Select)
- No (Select)
- No (Select)
- No (Select)
Total Rents : $30,420.00
SN Rents : $30,420.00
Total Units : 52
D6 Unit Mix
- No (Select)
- No (Select)
- No (Select)
- No (Select)
- No (Select)
Net Monthly Rent Assisted by the LACDA? (Y/N)
$30,420.00 Yes
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
$0.00 (Select)
Non-SN- Non-Homeless
Units
Number of Units (Non-SNNon-HM) SN- Homeless Units Number of Units (SN-HM)
Total # of Units : 53
TOTAL ANNUAL POTENTIAL GROSS INCOME : $368,220.00
D7 Cash Flow
Non-SN Individuals - HM- Chronic Homeless -
Non-SN Family -
HM- Chronic Illness (HIV/
AIDS) -
Non-SN Seniors - HM- Family -
Non-SN Veterans - HM- Individuals 52
Market Rate -
HM- Intellectual/ Dev
Disability -
Manager Unit/s 1 HM- Mental Illness -
TOTAL Non-SN Non-HM
Units 1 HM- Seniors -
- - HM- Survivor of DV & HT -
- -
HM- Transition Age Youth
(TAY) -
- - HM- Veterans -
- - TOTAL SN Homeless Units 52
SN- Non-Homeless Units Number of Units (SN-Non-HM)
SN NonHM- Intellect/Dev Disability -
SN NonHM- Transition Age Youth -
SN NonHM- Chronic Illness/HIV -
TOTAL SN Non-HM Units -
- -
- -
- -
- -
- -
- -
- -
Cash Flow Items Values
Gross Potential Income - Residential 2.50%
Vacancy Loss - Residential* 10.00%
Relocation Questionnaire
D8a High Cost Test
D8b Deter Min Fed Credit
D8c Tax credit - TieBreak
Operating Expenses - Residential 3.50%
Supportive Services 3.50%
Debt Service Coverage Ratio (Residential NOI) 1
Deferred Developer Fee Balance -
Adjusted Threshold Basis Total Eligible Basis Percentage of the Adjusted Threshold Basis Limit
$32,230,454.12 $31,838,378.00 0.9878352281807686
Tax Credit Factors Values
TOTAL REQUESTED UNADJUSTED ELIGIBLE BASIS $20,318,991.00
4. Federal Tax Credit Factor $1.00
Annual Federal Credit Necessary for Feasibility $2,377,321.90 State Credit Factor $0.00
State Credit Necessary for Feasibility $0.00
Title Score Value
FINAL TIE BREAKER SELF-SCORE 60.794%
1. When did the current owner purchase the property?
For APNs 8661-020-014 and -016, the current owner inherited the property through an inter-family transfer/dissolution in 2015. For APN 8661-020-015 the current owner purchased in 2016. NCRC entered into a Purchase and Sale Agreement (PSA) for all three parcels in 2022.
2. Was this a voluntary sale?
Yes
3. What was the current owner's reason for purchasing the property? NCRC intends to redevelopment the site with permanent supportive housing.
4. Do you intend to change the use of this property?
Yes
4a. If yes, describe.
Occupant Information: Residential
Two of the parcels are currently developed with a commercial building and surface parking that will be demolished to develop affordable housing. All three parcels will be developed with
5. Is or was the current owner an occupant of the site? No
6. Is the property currently vacant?
No
6b. If yes, how did it become vacant (did tenants voluntarily leave, were relocation benefits paid, etc.)? The commercial building (APN 8661-020-016) is currently vacant. The single family home (APN 8661-020-014) is currently owneroccupied, but will be delivered vacant at the time of sale per the PSA.
7. Has a relocation plan been prepared?
Not applicable
8. Identify the relocation consultant that carried out or will carry out the relocation plan.
Not applicable.
9. Specify the source(s) of funds to pay relocation costs.
Not applicable.
10. Complete the applicable following section, either Occupant Information - Residential and/or Occupant Information - Businesses, to list all occupants of the property from 12 months prior to the date of purchase to the present.
Is the property currently occupied?
Yes
Was the property occupied during the six months prior to or during purchase negotiations? Yes
Is or was the current owner an occupant of the site?
Yes
Have you or will you assume any existing lease(s)?
Occupant Information: Businesses
Development Timeline
No
Will relocation be required?
No
1. Total Business Units
-
2. Relocation Benefit Paid? (Please enter data, click Add button and a table will be created below) Business Name Business Address Floor/Suite/Unit Phone Number No records available.
Ext No Type of Occupancy Type of Business Current Occupant? No records available.
If not current occupant, when was
the date moved? Relocation Benefit Paid? Relocation Benefit Amount Paid No records available.
1. Site Control
Actual Date
Actual Date
08-10-2022
Entitlements
Estimated Date
Estimated Date
12-16-2022
Site Plan Approval
Estimated Date
Estimated Date
12-16-2022
Design Review
Estimated Date
Estimated Date
12-16-2022
CEQA Approval
Estimated Date
Estimated Date
12-16-2022
NEPA Approval
Estimated Date
Estimated Date
07-05-2023
TCAC Application
Estimated Date
Estimated Date
04-25-2023
Will the project use NOFA funds as leverage for another application? Yes
Name of Funding Source and Application Date
TCAC 9% estimated April 2023
Committed Funding Sources (Please enter data, click Add button and a table will be created below)
10. Construction Loan Closing Date
Committed Funding Source Commitment Date
LACDA - AHTF 03-01-2023
Development Team
01/22/2024
11. Construction Start Date
01/22/2024
12. Start of Lease -up Activities
07/24/2025
13. Construction Completion Date
01/19/2026
14. 100% Occupancy Date
04/02/2026
15. Permanent Loan Conversion
06/05/2026
Applicant's Legal Name
National Community Renaissance of California
Common Name, if different than legal name
NCRC or National CORE
Principal in Charge
Michael de la Torre
Federal Employer Identification Number
796516748
Applicant Type
Non-Profit
Address
Address 9421 Haven Ave,
Rancho Cucamonga, CA, US, 91730
Floor/Suite/Unit
Telephone
Phone Number 9096391875
Ext No.
Development Team Role
Lead Developer
Applicant Contact During the Application Process - Name and Title Michael de la Torre
Applicant Contact Email
[email protected]
Applicant Contact Telephone
909-639-1875
4. Is the Applicant a CHDO?
Yes
4a. Applicant is the current owner and will retain ownership? Yes
4b. Applicant will be or is a general partner in the to-be-formed final ownership entity? Yes
4c. Applicant is the project developer and will be part of the final ownership entity for the project? Yes
All data in this section will autopopulate based on selection of Developer. Developer organization must be already added in UNOFA system in order to be selected as Lead Developer. If the organization is not found, please go to My Organizations page to request your organization to be added.
Lead Developer
Developer : National Community Renaissance of California (National CORE) DUNSID : 796516748
Is this entity the applicant? : Yes
Legal Status :
Address : 456 W 9TH ST SAN PEDRO, CA 90731,
Unit No :
Contact Email :
Contact Name : National Community Renaissance of California (National CORE) Contact Phone Number : 5465465466
Ext No. :
Contact First Name :
Contact Last Name :
Contact Phone Number : 5465465466
Contact Ext No. :
Add All Project Team Members. (Please enter data, click Add button and a table will be created below) Team Role Entity Name Applicant? Legal Status
Architect D33 Design & Planning Inc. No For-Profit Corporation General Contractor National Community
Renaissance of California Yes Non-Profit Corporation
Lead Developer National Community
Renaissance of California Yes Non-Profit Corporation
Managing General Partner National Community
Renaissance of California Yes Non-Profit Corporation
Property Management National Community Yes Non-Pro
Page
fit Corporation
135
Proposed Project Narratives
5a. State the mission of the Applicant and how the proposed development fits into that mission.
At National CORE, we support families and seniors by providing housing communities that are affordable, safe, and of the highest quality. We enhance neighborhood stability through long-term management and maintenance, as well as industry-leading services such as senior wellness, preschool and afterschool programs, and family financial training. 5b. Describe the Applicant entity, including type of organization (limited partnership, corporation, local government, etc.), status of formation, and current or prospective partners. Attach a limited partnership organizational chart.
National Community Renaissance of California will serve as the applicant entity for the 740 Foothills development project. A to be formed LP will own the 740 Foothill apartment community in unincorporated Los Angeles County, California once developed. 5c. Provide information regarding the roles and responsibilities of each Applicant entity.
The organizational structure for 740 Foothill will have National Community Renaissance of California as the Sponsor, Developer and Manager and Sole Member of the General Partner of the 740 Foothill project and NCRC 740 Foothill LP will own the to be named apartment community in unincorporated Los Angeles County, California. No other participant within National Community Renaissance has any interest in the project other than his or her identified role.
Agent Renaissance of California
Contact Person Address Floor/Suite/Unit Telephone
David R Maldonado
31866 Camino Capistrano,
San Juan Capistrano, CA
92675
949-230-4537
Chris Killian 9421 Haven Ave, Rancho
Cucamonga, CA 91730, USA 909-204-3448
Michael de la Torre 9421 Haven Ave, Rancho
Cucamonga, CA 91730, USA 909-639-1875
Ashley Wright 9421 Haven Ave, Rancho
Cucamonga, CA 91730, USA 909-532-0035
Courtney Richard 9421 Haven Ave, Rancho
Cucamonga, CA 91730, USA 949-431-6940
Ext No Email Address Faith-Based Organization
- [email protected] No
- [email protected] No
- [email protected] No
- [email protected] No
- [email protected] No
1. Briefly describe existing site conditions - i.e. number and type of structures; number of units, including number of bedrooms per unit. Please describe the current use and condition of the project site.
The 0.66-acre project site is located midblock on the south side of Foothills Boulevard in unincorporated Los Angeles County adjacent to the City of San Dimas. The site is currently developed with one (1) small, 1,000 square foot retail/commercial shop, built in the 1950s, that is currently vacant and one (1) 808 SF residential unit, that will be vacant upon sale of the property. There is a paved surface parking area surrounding the retail/commercial building to the west and south and vacant, unimproved land to the east.
2. Provide a complete description of the proposed capital improvement project, including the following:
project design, location, style, approximate size, number of commercial and/or residential units, and number of bedrooms. Indicate whether the project will include acquisition, rehabilitation/repair, reconfiguration, multi-phase or new construction. Please include the number of buildings and units to be demolished and the number of new units.
The project site is located at 740 E Foothill Boulevard in unincorporated Los Angeles County near the City of San Dimas. The project site consists of approximately 27,010 square feet with appx. 170 feet of frontage along Foothill Blvd. The proposed project is 3 stories over podium parking and consists of 53 residential units with a maximum height of 57 feet and a building area of 63,550 square feet. The project provides 21 residential parking spaces located within an at grade enclosed garage on the ground floor. The project also provides 6 short term and 48 long term bicycle parking spaces. The heart of this development is the frontage along Foothill Boulevard. The urban design is attractive and complements and enhances the local character of the surrounding community. The architecture will be contemporary with a variety of colors and materials to break up the massing and create a community landmark. Parking for the residents is hidden with an entrance to the at grade parking garage from Foothill Boulevard. Neighbors will see the building and its residents and patrons, instead of the blighted and underutilized existing lots. The ground floor will include the community room, warming kitchen, leasing area and supportive office spaces near the frontage of Foothill Blvd. The project will provide 52 units of permanent supportive housing restricted to homeless households and 1 exempt manager unit. Intensive Case Management Services will be provided on-site. To help facilitate these services and to ensure the privacy of the residents, there are private case management offices for private consultation located on the ground floor. All residents will enjoy ample outdoor community space, a large community room and meeting area, secured access, secure bicycle parking, and onsite laundry facilities.
3. Describe the physical amenities (residential units and common spaces) provided by the project, size of the space, and location. Also indicate type of parking (surface, subterranean, semi-subterranean, truckunder, etc.) and number of spaces.
The proposed project includes the development of 53 residential units (52 one-bedroom affordable units and 1 two-bedroom exempt managers unit) in a single building totaling 63,550 SF. To serve project residents there will be a 1,800 SF multipurpose community room located on the first floor and 3,988 SF of outdoor landscaped seating areas with BBQs to the east of the building. Twenty-one (21) parking spaces for the proposed units will be provided in a tuck-under garage.
4. Describe the population the project intends to serve and how the decision was made to serve this population.
The project's target population consists of homeless households earning less than 30% of the Area Median Income. This target population was selected based on statistics from the Los Angeles Homeless Services Authority, which coordinates the annual count for most of the county. LAHSA found that the region's homeless population grew by 4.1% from 66,436 in 2020 to 69,144 in 2022. The percentage of those individuals living indoors in shelters increased from 28% to 30% for the same time period. Based on the actual number of homeless residents in the County there is a significant need for permanent supportive housing.
5. Describe the public benefit of the project.
This project will assist with housing the local and surrounding homeless population, offering a safer environment for the community, while bringing more resources to the community.
6. Describe the present and proposed ownership structure.
The 740 Foothill Blvd ownership structure is held under a limited liability company. National Community Renaissance of California, a California nonprofit public benefit corporation, is the Member and serves as the Manager of a to be formed California limited liability company (LLC).
7. Describe the site topography and how this affects the project design. Identify conditions such as slope (ei:hillside conditions that may require extensive retaining walls and affect circulation paths), site constraints (ie: narrow or irregularly-shaped lots, etc.) environmental issues (ie: expansive soils, liquefaction) that could impact construction costs and influence the project design.
The property is characterized as a flat area, gently sloping to the southwest side. The elevation of the site is approximately 1,100 feet above Mean Sea Level (MSL). The soil at the subject site consists of sandy silt and clay. Below the existing grade there are sediments of the Upper Pleistocene Lakewood Formation, which consist of Silt, Clay and Sandy Silt. It is not anticipated that there will be environmental issues that could impact construction costs and influence the project design, based on the Phase I prepared for the project.
8. Describe the area surrounding the site, including adjacent uses and proximity to amenities, such as transportation corridors, educational facilities, healthcare facilities, grocery stores, shopping centers, and social services.
The project design is appropriate for a commercial corridor location with a bus stop roughly 0.11 miles from the project site allowing residents and patrons to use transit and bicycles instead of cars. The parking is reduced for the residents, and a secure bicycle room is available for residents and bicycle racks for apartment guests. The project site is less than 0.5 miles from a public park and less than 1 mile from a grocery store, urgent care center, pharmacy and other services and amenities. To activate the Foothill Boulevard streetscape, the housing development has been designed with active uses – leasing area, community room and offices oriented along the frontage of the building.
9. Will the current zoning accommodate the project as proposed? Yes
10. Provide a summary of the project, including residential/non-residential square footage.
NCRC is proposing to develop a 53-unit apartment home community on 0.66 acres along Foothill Boulevard in unincorporated Los Angeles County near the City of San Dimas. The proposed project is a total of 4 stories with 3 stories of residential units over podium parking and consists of 52 one-bedroom affordable residential units and 1 two-bedroom manager units with a maximum height of 57 feet and a building area of 63,550 square feet. The anticipated density of the project is 85 units per acre with a proposed lot coverage of 57 percent. Of the total 53 units, 52 will be restricted for homeless households earning less than 30% of the Area Median Income. The development also includes a 1,800 square foot community room and roughly 4,000 square feet of outdoor recreation space. No commercial square footage is proposed.
11. Does the project involve any commercial space?
No
Download the Unit Mix and Floor Area Table FINAL.xlsx table, complete and upload below.
Upload File
Name Download
Category
Residential
1 Commercial
-
Other
-
Total Number of Buildings
1 14. If the project involves rehabilitation, please summarize the scope of work. How was the scope of work determined? Are there any unresolved design issues that will impact the scope of work? Who is responsible for revising the scope of work based on changes required and/or value engineering? N/A
15. Briefly summarize the project's concept and design.
To complement the site location and surrounding community the proposed development at 740 Foothill Boulevard will feature an urban design that is attractive and complements and enhances the local character. The architecture will be contemporary with a variety of colors and materials to break up the massing and create a community landmark.
16. Explain how the design is appropriate to the needs of the target population.
The project's target population consists of homeless households earning less than 30% of the Area Median Income. The unit mix has been designed to accommodate this population by providing 52 one-bedroom units. The design also serves homeless households by providing private case management offices for consultations. Residents will also enjoy ample outdoor community space, a large community room and meeting area, secured access, secure bicycle parking, and onsite laundry facilities. The apartment units have full kitchens, general storage, linen closet, and ample sized living room and bedrooms. Bathrooms and kitchens are designed for ADA radii/boxes.
17. Explain how the design is appropriate to the site and the neighborhood.
To complement the site location and surrounding community the proposed development at 740 Foothill Boulevard will feature an urban design that is attractive and complements and enhances the local character. The architecture will be contemporary with a variety of colors and materials to break up the massing and create a community landmark. Parking for the residents will be screened from view with an entrance to the at grade parking garage from Foothill Boulevard. Neighbors will see the building and its residents and patrons, in place of the existing underutilized and vacant lots. The ground floor of the housing community will include the community room, warming kitchen, leasing area and supportive office spaces near the frontage of Foothill Boulevard to activate the streetscape. The development’s location along a major transit corridor justifies the building heights and density and may serve as a catalyst for redevelopment in the neighborhood. The project site is less than 0.5 miles from the Foothill Transit Route 188 bus stop and a public park and less than 1 mile from a grocery store, urgent care center, pharmacy and other services and amenities.
Unit Mix Table.xlsx 12. Unit Mix and cloud_download Floor Area
18. All senior housing projects must describe how Mobility, Clarity, and Inclusiveness are addressed in the project's design. See the Architectural Design Appendix , Section IV Senior Housing Requirements.
N/A
19. Building scale and massing
The proposed development at 740 Foothill Boulevard is four stories in height with three stories of residential units over podium enclosed garage. The ground floor level contains over 2,000 square feet of combined supportive service space, community recreation area, and office space to fill the frontage along the Foothill Boulevard commercial corridor and to activate the project frontage. The building footprint comprises most of the site, which allows for parking to be hidden and for the production of a higher number of housing units. The building’s massing is equally distributed along the length of the project and will feature a variety of colors and materials to break up the massing and create a community landmark.
20. Building form
The project is composed of a single 4 story building. The first floor located fronting Foothill Blvd. is comprised of supportive service space, community recreation area, property manager office space, 21 automobile parking spaces, secure bike parking, and the residential lobby. The remainder of the project is comprised of residential apartments, on-site laundry facilities, and outdoor common/recreational space providing community gathering areas.
21. Site and building circulation
Residents will access the building from the main entrance and lobby at the northeast corner of the building fronting Foothill Blvd.
Elevators and staircases are located at both ends of the building to provide access to the upper floors. The upper floors consist of linear hallways housing the residential units. Cars enter via Foothill Blvd and enter the at grade first floor parking garage in the center of the building.
22. Landscape design
To maximize the number of affordable housing units onsite, the building setbacks are minimal with the development located close to the property lines. As such, landscaping is focused at the front of the building, including street trees and small plants, and to the recreational space at the eastern corner of the building. At a minimum, of 75% of the landscaped area will be comprised of drought-tolerant plants from the Los Angeles County's Drought-tolerant Plant List.
23. Security and crime prevention
Security and crime prevention will be reinforced through a fully secured site perimeter. Pedestrian access to the residential areas will be limited to secured entrances and the residential parking garage. A camera surveillance system is anticipated throughout the project indoor and outdoor common areas. Security will be reinforced by the natural surveillance provided by sightlines from units and windows facing all sides of the building’s perimeter. The building perimeter and sidewalks will be lighted. No dark, hidden areas are designed on the building exterior.
24. Exterior elevation treatment
Elevations include various vertical lines and will incorporate different colors and materials, such as metal, composite and stucco/plaster.
25. Unit size and layout
To accommodate households experiencing homeless, the development will provide 52 one-bedroom, one-bathroom units that are approximately 518 square feet in size and one 751 square foot, two-bedroom, one bathroom managers unit. All units are proposed to have similar amenities, including finishes, appliances, cabinetry, etc. All units includes air conditioning and heating, blinds, carpet, refrigerator, stove/oven, garbage disposal, dishwasher, pantry, general storage closet, and linen closet.
26. Amenities and unique features
The development includes a 1,800 square foot community room, on-site laundry facilities, and private supportive services offices.
These spaces will be further tailored to support resident’s needs. There is space available not only for specific supportive services interaction but also flexibility of the indoor and outdoor spaces to serve as host to a variety of resident and staff promoted activities.
27. Connection between indoor and outdoor space
The property line is clearly defined on the building frontages and enhanced hardscape and landscape provide a comfortable transition. The residential lobby is located fronting Foothill Boulevard to give property management personal eyes on the street.
Decorative pavers and potted plants will be provided by entryways to create a pleasant environment. The residential portion of the building can be accessed via the main lobby off of Foothill Boulevard. The residential units are accessible from interior hallways. Potted plants and planters line the perimeter of the building shell to provide greenery, and almost the entire shell has windows along the frontage, which allows for natural surveillance.
28. Describe how the project's proposed materials, building features and design will make it durable.
All proposed residential units shall have energy efficient heating and air conditioning systems, appliances, hard surface flooring in common areas and bathrooms, sturdy high-grade carpeting and window treatments that help reduce sun damage in units. The interfacing of all varying surfaces shall be properly installed with tight joints and the appropriate high-grade sealant materials/caulking, including but not limited to, the installation of all exterior windows and doors with high grade Moist Stop flashing material with compatible and long lasting caulking, as well as Bituthene Brand or equal moisture resistant sheet product in high exposure areas. The exterior skin of the building shall be installed with a durable scratch color coat stucco system and plaster control joints to mitigate cracking. Common area decks and circulation areas shall be covered and exterior decking shall be waterproofed. The projects proposed materials inside and out will consist of items that have strong residential or commercial warranties to ensure resilience and long-life cycles.
29. Is the project proposing a health medical clinic (FQHC) and/or a childcare center onsite? If yes, provide a program description for each and attach MOUs with the proposed providers.
No health medical clinic (FQHC) or childcare center is proposed onsite.
30. Are any non-housing improvements or elements included in the project scope? If yes, describe all of the requirements and associated costs. Items to consider include: public street improvements, alleys, sidewalks, traffic calming, public amenities of any kind, additional supportive service space, or any additional structures beyond what has already been described in the application.
As part of the development, off-site improvements will include street/sidewalk/public amenity improvements such as reconstruction/installation of sidewalks, curb ramps, driveway approaches, gutters, street trees along frontages, streetlighting and connection to existing utilities immediately adjacent to the property. Costs for these improvements are estimated at just over $1,100,000.
31. Identify any deviations from the Architectural Design Requirements and provide an explanation. Only deviations that are a direct result of prior public input on the project, because of a clear conflict with a local jurisdiction's requirements, or that are resident-specific are acceptable. Include evidence of public input or local jurisdiction requirements with the application.
No deviations from the Architectural Design Requirements have been identified at the time of application.
32. Confirm that the project will comply with the requirements of 2010 ADA Standards and California Building Code (Chapters 11A and 11B) as well as the mandatory accessibility requirements as defined in Architectural Design Requirements. For projects receiving Federal Funding from another agency, does the
that agency require the project comply with the Uniform Federal Accessibility Standards (as required by Section 504 of the Rehabilitation Act of 1973)?
Yes
33. CASp Consultant
To be determined.
34. Does project financing include HOME Funds?
No
35. Mandatory Accessibility Requirements: Identify the Number of Units for mobility impaired residents required and the percentage
7 one-bedroom units and 1 two-bedroom unit are required and will be provided for mobility impaired residents. This is represents a total of 15 percent of the 53 total units.
36. Mandatory Accessibility Requirements: Identify the number of units for sensory- impaired residents required and the percentage
5 one-bedroom units and 1 two-bedroom unit are required and will be provided for sensory impaired residents. This is represents a total of 10 percent of the 53 total units.
37. List unit number and unit type for mobility units (e.g. Unit No. 102, 1-Br.) (Please enter data, click Add button and a table will be created below)
38. List unit number and unit type for sensory units (e.g. Unit No. 203, 2-Br.) (Please enter data, click Add button and a table will be created below)
39. Describe the community outreach that has taken place to date.
Based on the County of Los Angeles Homeless Initiative, the need for permanent supportive housing is significant. As such the development proposed at 740 E Foothill Boulevard, as a by-right project, utilizing CA Density Bonus Law, moving quickly to address the housing crisis facing County residents. The development has received a zoning clearance letter from the County of Los Angeles Planning Department and is expected to be largely consistent with the established development standards and design guidelines as applicable to affordable housing. Future outreach to the community will be conducted to ensure the neighborhood understands the project plans and has the opportunity to provide input.
40. Has the project undergone a rigorous design review that included an opportunity for public comment? Describe the process and groups involved. Describe specific design elements requested through this process and attach associated documentation. Incorporate these elements into the Design Narrative.
The development proposed at 740 E Foothill Boulevard is a by-right project, utilizing CA Density Bonus Law has received a zoning clearance letter from the County of Los Angeles Planning Department. The Project is expected to be largely consistent with the Unit Number Unit Type for Mobility Units
No records available.
Unit Number Unit type for sensory units
No records available.
Developer Experience
established development standards and design guidelines as applicable to affordable housing. Future outreach to the community will be conducted as outlined below.
41. Will the project cause the local jurisdiction to hold public hearings or solicit public comment in the future? Examples include hearings for design review, funding allocations, zoning variances, or a conditional use permit.
No
42. Detail any plans for neighborhood meetings (e.g. small neighborhood home meetings, meetings with specific stakeholder groups, meetings for those within a certain radius of the site, etc.). Be sure to address the following points: 1) outreach strategy (e.g. mailers, door to door fliers, personal invitations, etc.), 2) Strategy for developing support for the project (e.g. meetings with key supporters prior to community meetings, telephone conversations with key individuals, tours of similar facilities already in operation, etc.), 3) timeframe for accomplishing outreach goals.
NCRC’s outreach strategy is also geared to build political and public support, and address community issues. NCRC has existing relationships with local community organizations and will continue to develop support by attending and participating in monthly meetings of the SPA 3 Homeless Coalition. At regular meetings, the Coalition shares information, maximizes resources and minimizes duplication of effort. The result of this collaborative effort is that those at-risk from becoming homeless are provided the support they need to remain housed and that persons and families that are homeless are provided with an accessible system of services that supports movement from homelessness to stability. The outreach goals will continue until lease-up.
1. List ALL completed projects of the Lead Developer or the Joint Developer, but not both entities together. (Please enter data, click Add button and a table will be created below) Name of Developer or
Joint Developer Project Name Project Address Floor/Suite/Unit National Community
Renaissance of California Oakcrest Heights 22744 Eastpark Dr. YorbaLinda, CA National Community
Renaissance of California Mission Cove II 3239 Conch WayOceanside, CA National Community
Renaissance of California Three Oaks 23610 Newhall Ave, SantaClarita, CA National Community
Renaissance of California Marv's Place 143 Mar Vista Ave,Pasadena, CA 91106 National Community
Renaissance of California Westlake Village II 419 Autumn Drive SanMarcos, CA National Community
Renaissance of California Downey View 8314 2nd Street Downey,CA 90241 National Community
Renaissance of California Alta Vista 5051 E. 3rd Street LosAngeles, CA National Community
Renaissance of California San Emi 4115 Kingsley St, Montclair,CA 91763, USA
National Community
Renaissance of California Encanto Court 1345 W 105th St, LosAngeles, CA 90044 National Community
Renaissance of California Vista del Cielo 10319 Mills AvenueMontclair, CA Date Completed Project Type Commercial Componenet Target Population 11/01/2018 New Construction No Large Family,
05/01/2018 New Construction No Special Needs,
08/31/2017 New Construction No Large Family,
07/01/2016 New Construction No Special Needs,
12/01/2013 New Construction No Large Family,
12/01/2014 New Construction - Large Family,
06/15/2013 New Construction No Large Family,
10/31/2012 New Construction No Special Needs,
04/01/2011 New Construction No Seniors,
01/11/2011 New Construction No Large Family,
Number of Restricted
Units Number of Total Units Principal Funding Sources Principal(s) Involved andRole 53 54 LIHTC,
Ashley Wright, Lesley
Edwards, John Seymour,
Chris Killian, Dan Lorraine
59 60 LIHTC,
Ashley Wright, Lesley
Edwards, John Seymour,
Chris Killian, Dan Lorraine
29 30 LIHTC,
Ashley Wright, Lesley
Edwards, John Seymour,
Chris Killian, Dan Lorraine
19 20 LIHTC,
Ashley Wright, Lesley
Edwards, John Seymour,
Chris Killian, Dan Lorraine
56 57 LIHTC,
Ashley Wright, Lesley
Edwards, John Seymour,
Chris Killian, Dan Lorraine
49 50 LIHTC,
Ashley Wright, Lesley
Edwards, Chris Killian, Dan
Lorraine
59 60 LIHTC,
Ashley Wright, Lesley
Edwards, Chris Killian, Dan
Lorraine
17 18 LIHTC, Ashley Wright, Lesley
Edwards
3. Does the Lead Developer or Joint Developer have any projects with LACDA funding in predevelopment or construction phase? If yes, list below.
Yes
4. List ALL projects of the Lead Developer or the Joint Developer with LACDA funding in predevelopment or construction phase. (Please enter data, save, and a table will be created below) 62 63 LIHTC,
Ashley Wright, Lesley
Edwards, Chris Killian, Dan
Lorraine
49 50 LIHTC, Ashley Wright, Lesley
Edwards
Total Development Cost & Cost per
Unit
Length of Time to Complete and
Actual Completion Date
Contact Person: Name, Phone
Number and Email Address
$25,023,349 Total and $463,395 per
unit 16 months - 6/12/2017 - 10/24/2018 Ashley Wright, 909-532-0035,[email protected] $25,431,721 total and $423,862 per unit 14 months - 3/21/2017 - 5/1/2018 Ashley Wright, 909-532-0035, [email protected]
$14,654,725 total and $488,491 17 months - 3/7/2016 - 8/29/2017 Ashley Wright, 909-532-0035, [email protected]
$12,390,455 total and $619,523 per unit 14 months - 03/2015 - 06/2016 Ashley Wright, 909-532-0035, [email protected]
$14,260,343 total and $250,181 per unit 12 months - 11/26/2012 - 12/4/2013 Ashley Wright, 909-532-0035, [email protected]
$19,469,042 total and $389,381 per unit 16 months - 3/1/2012 - 6/15/2013 Ashley Wright, 909-532-0035, [email protected]
$24,280,611 total and $404,677 per unit 16 months - 3/1/2012 - 6/15/2013 Ashley Wright, 909-532-0035, [email protected]
$6,735,909 total and $374,217 per unit 12 months - 4/18/2013 - 4/17/2014 Ashley Wright, 909-532-0035, [email protected]
$15,131,902 total and $244,063 per unit 12 months 3/1/2010 - 4/1/2011 Ashley Wright, 909-532-0035, [email protected]
$16,293,011 total and $325,860 per unit 11 months - 2/2/2010 - 1/11/2011 Ashley Wright, 909-532-0035, [email protected]
Name of Developer or
Joint Developer Project Name City District
National Community
Renaissance of California Las Dahlias East Los Angeles 1 Unincorporated? Total Number of Units Development Phase Yes 79 Construction
Developer Tax Credit Experience
1. Name of Developer
National Community Renaissance of California
2. List ALL Competitive 4% and 9% Tax Credit Projects that the Lead or Joint Developer has completed in the last five years. (Please enter data, click Add button and a table will be created below) Project Name Project Address Floor/Suite/Unit Tax Credit Award (Year & Round)
Encanto Village 6315 Imperial Ave, San
Diego, CA 92114, USA 2017, 2nd Round
Fairview Heights
Apartments
923 E. Redondo Blvd.
Inglewood, CA 2019, 1st Round
Day Creek Villas 12250 Firehouse Ct, Rancho
Cucamonga, CA 91739, USA 2018, 2nd Round
San Ysidro Senior Villas 517 W San Ysidro Blvd, San
Diego, CA 92173, USA 2018, 1st Round
Olive Meadow 610 East Olive Street San
Bernardino, CA 92410 2016, 2nd Round
Vista Grande Court 1116 Sonora Ave. Glendale,
CA 2017, 2nd Round
Oakcrest Heights 22733 Oakcrest Cir, Yorba
Linda, CA 92887, USA 2016, 2nd Round
Vista Del Puente 1436 S 40th St, San Diego,
CA 92113, USA 2016, 2nd Round
Oakcrest Terrace 22744 Eastpark Drive
Yorba Linda, CA 92887 2014, 2nd Round
Marv's Place 143 Mar Vista Avenue
Pasadena, CA 91106 2014, 2nd Round
Mission Cove I 3247 Anchor Wy,
Oceanside, CA 92054, USA 2015, 2nd Round
Number of Rounds
Entered Set - Aside TCAC Housing Type Geographic Area
2 Family Large Family San Diego
1 Non-Profit Homeless
Assistance Large Family Balance of Los Angeles
2 Senior Seniors Inland Empire
1 Special Needs Seniors San Diego
2 Family Large Family Inland Empire
2 Senior Seniors Los Angeles
General Partner Experience
2 Family Large Family Orange County
1 Special Needs Large Family San Diego
3 Family Large Family Orange County
1 Special Needs Large Family Los Angeles
1 Senior Seniors San Diego
Number of Tax Credit Units Number of Total Units Tie Breaker Score 66 66 44
101 101 63
140 140 65
51 51 57
62 62 51
66 66 53
54 54 27
52 52 65
69 69 41
20 20 82
90 90 54
Name of General Partner:
National Community Renaissance of California
1. List Experience for General Partner. (Please enter data, click Add button and a table will be created below)
Project Name Address Floor/Suite/Unit Date Completed
Oakcrest Heights 22744 Eastpark Dr. Yorba
Linda, CA 11-01-2018
Mission Cove I 3247 Anchor Way
Oceanside, CA 11-01-2017
Encanto Court 1345 W 105th St, Los
Angeles, CA 90044, USA 08-01-2001
Marv's Place 143 Mar Vista Ave,
Pasadena, CA 91106 07-01-2016
San Emi 4115 Kingsley Street 10-31-2012
Montclair, CA
Alta Vista E 3rd St, Los Angeles, CA,
USA 06-15-2013
Vista del Cielo 10319 Mills Avenue
Montclair, CA 01-11-2011
Downey View 8314 2nd Street Downey,
CA 90241 12-01-2014
Project Type Target Population Special Needs Population Number of Special Needs Units
New Construction Large Family, Homeless Individual,
Transition-Age Youth 14
New Construction Large Family, Chronically Homeless,
Homeless Veterans 19
New Construction Special Needs, Homeless Seniors, 6
New Construction Special Needs, Chronically Homeless, 19 New Construction Special Needs, Intellectual/Developmental Disability, 17
New Construction Large Family, - -
New Construction Large Family, - -
New Construction Large Family, - -
Number of Restricted
Units Number of Total Units Principal Funding Sources Principal(s) Involved andRole 53 54 LIHTC,
Ashley Wright, Lesley
Edwards, John Seymour,
Chris Killian, Dan Lorraine
89 90 LIHTC,
Ashley Wright, Lesley
Edwards, John Seymour,
Chris Killian, Dan Lorraine
62 62 LIHTC,
Ashley Wright, Lesley
Edwards, John Seymour,
Chris Killian, Dan Lorraine
19 20 LIHTC, Ashley Wright, Lesley
Edwards, Chris Killian
17 18 LIHTC,
Ashley Wright, Lesley
Edwards, John Seymour,
Chris Killian, Dan Lorraine
49 50 LIHTC,
Ashley Wright, Lesley
Edwards, John Seymour,
Chris Killian, Dan Lorraine
49 50 LIHTC,
Ashley Wright, Lesley
Edwards, John Seymour,
Chris Killian, Dan Lorraine
Supportive Services 100% Homeless Special Needs -Narrative 49 50 LIHTC, Ashley Wright, Lesley
Edwards, Chris Killian
Complete this section if your project is 100% Homeless Special Needs. For Mixed population projects, complete the next online application section. "Supportive Services Narrative for Mixed Population".
1. Describe the target population(s) and how the project will address the needs of the target population(s).
Include demographic data.
The target population is homeless individuals. The 53 unit project will dedicate 52 units to homeless households, in addition to the manager’s unit. The residents of the project will receive intensive services they require, especially in the areas of mental health, substance abuse, health care. These individuals are those who are most likely to die on the streets without intervention. Supportive services will be provided by The People Concern as the primary service provider. The agency will administer intensive services including case management, mental health services, crisis intervention, individual therapy, rehabilitation and therapeutic groups, substance abuse services, and referrals to other services, if appropriate. All services will be voluntary. The demographics of homelessness in Service Planning Area 3 (as reported most recently by the LA Homeless Services Authority in 2022) show a total homeless population of 4,661 persons. The 2022 Greater Los Angeles Homeless Count showed that this was an increase of 2% from the previous the year. Furthermore, the 2022 Homeless Count showed a total homeless population of 7,413 persons in Supervisorial District 1. Of that total, 77% are unsheltered; the demographic data represents a clear imperative for new permanent housing resources for homeless individuals and families in this district. The residents of the project will receive intensive services they require, especially in the areas of mental health, substance abuse, health care. These individuals are those who are most likely to die on the streets without intervention. Supportive services will be provided by The People Concern as the primary service provider. The agency will administer intensive services including case management, mental health services, crisis intervention, individual therapy, rehabilitation and therapeutic groups, substance abuse services, and referrals to other services, if appropriate.
All services will be voluntary. The demographics of homelessness in Service Planning Area 3 (as reported most recently by the LA Homeless Services Authority in 2022) show a total homeless population of 4,661 persons. The 2022 Greater Los Angeles Homeless Count showed that this was an increase of 2% from the previous the year. Furthermore, the 2022 Homeless Count showed a total homeless population of 7,413 persons in Supervisorial District 1. Of that total, 77% are unsheltered; the demographic data represents a clear imperative for new permanent housing resources for homeless individuals and families in this district.
2. Explain how the service provider will assist applicants and residents in making reasonable accommodation requests, to property management to ensure that persons with disabilities have access to and can maintain housing.
The People Concern staff will offer tenants help in requesting reasonable accommodations for all of its programs and services, during lease up and post-lease up with property management and LACDA, so that they are equally accessible and beneficial to individuals with disabilities. Service delivery will also keep in mind special needs such as receptive and expressive language limitations, visual and hearing limitations, reading and writing limitations and will accommodate through interpreters and Braille literature, etc. as needed.
3. Describe policies and procedures on eviction and eviction prevention. Explain how the lead service provider will work with property management to encourage lease compliance and prevent eviction.
Eviction Prevention services are provided using a team approach that involves The People Concern case manager with assistance from their supervisors. If rehabilitative services are needed out of the home during periods of crisis, staff will assess and place tenants in one of The People Concern’s respite beds, hospital, community treatment facility or rehabilitation center until stability is regained. During this time, tenants will be provided assistance with paying their rent to retain their housing while addressing their medical, substance abuse, physical or mental health issue. Landlord/tenant mediation will be provided as well. Should relocation be warranted, participants who wish to move out of the jurisdiction will be assisted by obtaining an alternative housing plan to connect tenants with housing and supportive services in the area of relocation. Evictions will only be initiated as a last resort where there is documented evidence of a serious lease violation. The People Concern staff will work collaboratively with property
management staff to be sensitive to the needs of the tenants and make every effort to keep the resident in housing. At initial lease up, tenants will develop a housing retention plan as part of their individualized service plans, and will work with The People Concern case management staff to update this plan quarterly. In the event that a behavioral or health and safety violation occurs, a behavioral contract and improvement plan will be tailored to encourage positive engagement and prevent future infractions, and will be coordinated with the resident, their case manager, the property manager. For cases of nonpayment of rent, The People Concern staff will assist tenants to work with property management to resolve the issue, and will have the option to agree to a rent payment program as well as enrolling in a money management program if late payment of rent becomes a pattern. The People Concern staff can also refer residents to services agencies who may provide assistance. In addition, The People Concern adheres to a 4-Step Housing Retention Procedure that is intended to support tenants to successfully maintain housing. One part of maintaining housing is helping tenants adhere to the guidelines of lease contract. When the Services and property management team becomes aware that a violation of the lease has occurred, they will offer support according to the 4-Step Housing Retention Procedure outlined below. 1. First incident: Step One a. The Property Manager and Case Manager will provide verbal warning to the client informing them of the problem identified or observed. b. The Property Manager will discuss expectations for change in order to prevent a written warning notice. c. The Case Manager will support client in discussing available supports and referrals to target the identified issue or problem and support housing retention. d. Team will communicate understanding for timeline for scheduling meeting to discuss Step Two written notice or review successful resolution of situation or problem. 2. Second incident: Step Two a. The Property Manager will generate a written warning notice / lease violation according to their company policies. b. The Property Manager and Case Manager will present the written notice to the client and reiterate the problem identified or observed and how it violates the terms of the lease. c. The Property Manager will discuss expectations for change in order to prevent 3-day, 10-day, or 30-day perform (cure) or quit notice. d. The Case Manager will support creation of a housing retention plan to address the issue or problem, support the client in identifying any barriers to carrying out the plan, and make updates, as needed. e. Copy of retention plan will be shared with Property manager, if appropriate. f. Team will communicate understanding for timeline for scheduling meeting to discuss Step Three legal notice or review successful resolution of situation or problem. 3. Third incident: a. The Property Manager will generate a -day, 10-day, or 30-day perform (cure) or quit notice according to their company policies. b. The Property Manager and Case Manager will present the perform (cure) or quit notice to the client and reiterate the problem identified or observed and how it violates the terms of the lease. c. The Property Manager will discuss expectations for change in order to prevent eviction proceedings. d. The Case Manager will review the retention plan to address the issue or problem, support the client in identifying any barriers to carrying out the plan, and make updates, as needed. e. Copy of retention plan will be shared with Property manager, if appropriate. f. Team will communicate understanding for timeline for scheduling meeting to discuss Step Four eviction proceedings or review successful resolution of situation or problem. 4. Fourth incident: a. The Property Manager will provide updates to the Case Manager regarding legal proceedings to initiate eviction. b. The Case Manager will discuss options with the client including participating in eviction proceedings or written relinquishment of unit. c. Case Manager will support client in finding alternative interim or permanent housing options, as appropriate and available.
4. Describe how the service provider will implement voluntary Moving On practices to support special needs residents who choose to transition to alternative affordable housing (e.g., tenant-based Section 8) with less intensive supportive services.
Staff follow set guidelines in supporting tenants' desires for an application to change their project based rental subsidy to a tenant based subsidy and exit the project through the Moving On program. Staff do all they can to facilitate this when the client expresses this desire and the tenant is likely to be successful in a housing program with less support. These guidelines set the clear expectation that to do so, the client must be in good standing with the property management for one year, be actively participating in case management, and have demonstrated the ability to establish connections with community resources. This topic is covered by the Program Manager during supervision with staff and is covered, whenever applicable, throughout the year.
Staff also work with clients to ensure they are aware of this as an option, especially if they identify this as a future goal on their individualized service plan.
5. Describe how the lead service provider will facilitate program transfers for special needs tenants in accordance with the LAHSA Coordinated Entry System's Permanent Housing Transfers policy (e.g., a PSH tenant who requests a transfer to another project-based PSH) Supportive Services Staff will work with property management to determine tenants that are appropriate for transfer from one permanent housing program to another permanent or housing program via referral or CES matching. The transfer may be initiated by participants as well. The reason for this request is to better meet a household’s ongoing needs and reduce the household’s risk of returning to homelessness and/or other adverse outcomes by linking them to better fit housing. Referrals or matches made by CES to facilitate a transfer are subject to resource availability and eligibility requirements as determined by the housing resource provider. Staff will work with the tenant to ensure that the reasons the request for transfer is being made falls within the criteria outlined in the LAHSA policy.
6. Indicate and justify the direct service staff-to-resident ratio(s) for each target population for the first year of the building’s operation.
Two full time Housing Case Managers will be dedicated to this building and will provide intensive case management services to the special needs population tenants. This ratio of 1:20 is standard practice to allow the residents to receive the support needed to remain stability housed.
7. Describe the roles of all services staff listed in the Services Staffing Chart. Include the primary tasks and target population(s) each staff position will serve. Also describe how the services staff will collaborate to function as a team and avoid duplication of services.
The supportive services staff will include 2 Case Managers, 1 Clinical Case Manager, and a Program Manager. All Case Managers will have a B.A in a social service field or equivalent experience work in the capacity of a case management with individuals or families experiencing homelessness. The clinical case manager with have an MSW or related degree and experience providing mental health services to this population. The Program Manager will have a Master's degree in a related field, and will be BBS registered and eligible to work towards licensure, and will have two years’ experience working with homeless families or individuals as well as experience supervising staff and programs. All project staff will serve chronically homeless and homeless individuals who have been matched permanent supportive housing. The caseload ratio will be a 1:20 due to the high acuity level of those being served. This includes individuals that present with mental illness, substance use disorder, and/or chronic physical illness or disability. The People Concern will provide comprehensive supportive services to the residents on an on-going basis.
Using evidence based practices that include trauma informed care and harm reduction, these services will include individualized case management, life skills programming, substance abuse services, mental health care, and linkage to everything else residents need to thrive. The services provided will be identical to those mandated on County funded projects, performed by a full time case manager, as well as experienced supervisory staff. These services will allow clients to rebuild their lives, and ensure that they maintain the benefits needed to pay rent and successfully retain their housing. All services provided work to help each resident become stable in housing. Case conferencing happens weekly at each project, to assist staff to develop solutions to barriers and to support each other when serving the same individuals. This allows more experienced staff to assist newer staff, avoid duplication of services, and helps ensure that best practices are being implemented consistently and interventions are effective.
Case conferences are opportunities for the Program Manager to provide advice or instruction, or to target when they need to get involved with an individual to do a more comprehensive assessment or model interventions.
8. Describe how the services staff will outreach to residents to engage them in services and sustain their participation.
The People Concern utilizes the Assertive Community Treatment, or ACT model of early engagement. ACT provides emotional and practical support during the critical time of transition from street to home and strengthens the individual’s long-term ties to services, family and friends. Transitioning to a new apartment and possibly a new community can be difficult to navigate when systems of care are fragmented and resources scarce. Regardless of population, The People Concern staff is trained to utilize a strength-based approach to assessing the tenant's established supports and resiliencies and build upon those foundations. The People Concern staff prioritizes early engagement by assisting the tenant with the difficult task of collection documentation, completing applications and attending appointments. The services staff is trained in Trauma Informed Care, Harm Reduction principles and utilizes the Stages of Change model and Motivational Interviewing to respect tenant choice and elicit change. Our Harm Reduction work focuses on decreasing the harmful consequences of problematic use and works to address problematic use from a trauma-focused or health-focused perspective. The People Concern services team strives to bolster the tenant's internal and external resources and address the underlying issues regarding the use rather than focusing on the use itself.
Additionally, our harm reduction strategies extend beyond substance use, and are applied to other areas such as mental health, medication compliance, money management and hoarding.
9. Describe the mechanisms and strategies by which the lead service provider and property management will facilitate resident participation in decision-making with regards to building operations.
Tenants will be engaged in discussions regarding building operations during monthly community meetings. A suggestion box will also all be place in a community space enabling tenants to make comments and suggestion ways to improve the space in which they live. During these regular monthly meetings, building staff will listen to tenants and address any suggestions or concerns. If building operation changes need to take place, building staff will first present changes to tenants and gather input.
10. Describe the mechanisms and the strategies by which the lead service provider will facilitate resident participation in decision-making with regards available services/activities and service delivery.
Tenants will have access to client satisfaction surveys that are model after the Home for Good guidelines. These surveys will be easily accessible by clients and explore their perspective on both the case management services they receive as well as their experience with property management and the building and community in which they reside. Staff will review results of the survey as a team and identify areas of improvement. A suggestion box will also all be place in a community space enabling tenants to make comments and suggestion ways to improve the services. If services delivery changes are being planned, staff will first present changes to tenants and gather input. In addition, tenants will be made aware of grievance process at time of intake. The updating of individualized service plans on a quarterly basis will also present as an additional opportunity for staff to obtain tenant participation in service delivery.
11. Describe residents’ opportunities for social interactions to foster social cohesion within the building.
Describe how social & recreational programs will be available to residents and how the project’s physical space will support both the provision of services and also social cohesion and community building.
Social and educational programs will be developed and implemented by tenants, staff, and volunteers to foster community within the development and help tenants become comfortable with the service staff. On-site activities may include movie nights, game nights, reading groups and book clubs, spiritual groups, holiday celebrations, arts and crafts, field trips, cooking classes and nutrition counseling, AA/NA style meetings, and a monthly tenant community meeting. The communal space in the building will help facilitate this programming. A monthly activities calendar will be posted in a common area at the beginning of each month by the Resident Service Coordinator. Activities will be open to all populations in the building to help build cohesion. If tenants desire specialty activities, these will be considered – for example, parenting classes. As services are planned and delivered, The People Concern staff will take into account the resources that are available in the larger community and assist tenants in re-integrating back in the community. Tenants will be informed about, and encouraged to participate in, community events and services that are offered locally, in nearby recreational centers, parks, libraries, schools, colleges, health centers and community centers. Notices concerning special events in the neighborhood will be posted in prominent places on community bulletin boards so tenants can inform themselves and take advantage of local opportunities. At the time of move in, tenants will be made aware of what services, businesses, or activities are available in their new community.
12. Describe how peer support programs (i.e., supportive relationships between people who have lived experiences in common) will be a resource for residents and will foster social interactions and social cohesion within the building.
The People Concern has volunteer peer advocates who run wellness and life skills activities or otherwise support residents. We adhere to the philosophy that peers can be extremely effective in connecting with individuals that are difficult to engage. Peers have worked alongside staff when doing outreach in the community and at our access sites providing individuals living on the streets or in shelter with the motivation to move forward in their recovery. Case managers may access this service if it is available at a given project. The staff administering this program will be existing agency leadership.
13. Do you agree to adopt the Home for Good Standards of Excellence for all homeless Special Needs tenants?
Yes
14. What additional measurable outcome(s) do you propose beyond the Home for Good Standards of Excellence for permanent supportive housing? (Optional) NA
15. Describe your methods for collecting and evaluating the measurable outcomes data for all target populations. Who will collect and how? Who will evaluate and when? What systems (e.g., CHAMP, HMIS, inhouse database) will you employ? How will you make use of the results?
Supportive Services Mixed Population - Narrative
The People Concern will use an information systems as required by funders, including an HMIS database to track tenant service and engagement, as well as to evaluate and measure outcomes data. Service systems to be tracked in HMIS include physical health, mental health, substance use, legal, education, employment, on-site social/recreational, and case management. Case managers will have read and write access to the system to document services provided and access client history. Project managers and directors across the agency access the system to monitor data quality and accuracy. The Director of Compliance and Evaluation provides an additional level of monitoring, technical assistance, and training to ensure data quality and the meeting of outputs and outcomes. The tracking data will include frequency and timing of service. The data will be collected from referring service providers, and recorded, compiled and analyzed by The People Concern staff in order to monitor tenant progress toward their goals. Service utilization data of the tenants will be mapped against desired outcomes to determine progress and make mid-course changes in services as needed. Service utilization data may be shared (while respecting tenants’ anonymity and confidentiality) with appropriate external researchers in connection with ongoing efforts to measure the costeffectiveness of supportive housing.
1. Describe the target population(s) and how the project will address the needs of the target population(s).
Include demographic data.
NA- proposed project is 100% PSH.
2. Describe the resident referral process you will use for any units not covered by CES. Ensure that this process is consistent with any description contained in the property management plan.
NA- proposed project is 100% PSH.
3. Provide a detailed description of each on-site service to be provided for the residents by the lead service provider and partnering agencies.
NA- proposed project is 100% PSH.
4. Provide a detailed description of each off-site service to be provided for the residents by the partner agencies. Merely stating that tenants will be referred is not an adequate description; the response must include a description of the direct service that will be provided by the partner agency.
NA- proposed project is 100% PSH.
5. Describe how the services will be culturally-specific and linguistically appropriate.
NA- proposed project is 100% PSH.
6. Describe how individualized client service plans will be developed with residents. Describe any differences in how individualized client service plans will be developed for each target population.
NA- proposed project is 100% PSH.
7. For both on-site and off-site services, explain the referral process.
NA- proposed project is 100% PSH.
8. For both on-site and off-site services, state the available hours of services.
NA- proposed project is 100% PSH.
9. For off-site services, describe transportation plans, including who will cover the cost of transportation.
Ensure transportation costs are reflected in the budget, as appropriate.
NA- proposed project is 100% PSH.
10. Explain how the lead service provider(s) (for the Special Needs and, if applicable, General Affordable units) will assist applicants and residents in making reasonable accommodation requests, to property management to ensure that persons with disabilities have access to and can maintain housing.
NA- proposed project is 100% PSH.
11. Describe policies and procedures on eviction and eviction prevention. Explain how the lead service provider(s) (for the Special Needs and, if applicable, General Affordable units) will work with property management to encourage lease compliance and prevent eviction.
NA- proposed project is 100% PSH.
12. Describe how the service provider will implement voluntary Moving On practices to support special needs residents who choose to transition to alternative affordable housing (e.g., tenant-based Section 8) with less intensive supportive services. Note: N/A for General Affordable units NA- proposed project is 100% PSH.
13. Describe how the lead service provider will facilitate program transfers for special needs tenants in accordance with the LAHSA Coordinated Entry System's Permanent Housing Transfers policy (e.g., a PSH tenant who requests a transfer to another project-based PSH) NA- proposed project is 100% PSH.
14. Indicate and justify the direct service staff-to-resident ratio(s) for each target population (including general affordable units, if applicable) for the first year of the building’s operation. For mixed population projects, also identify which staff positions will work with each target population.
NA- proposed project is 100% PSH.
15. Describe the roles of all services staff listed in the Services Staffing Chart. Include the primary tasks and target population(s) each staff position will serve. Also describe how the services staff will collaborate to function as a team and avoid duplication of services.
NA- proposed project is 100% PSH.
16. Describe how the services staff will outreach to residents to engage them in services and sustain their participation. For mixed population projects, describe any differences in outreach and retention strategies for the target populations.
NA- proposed project is 100% PSH.
17. Describe the mechanisms and strategies by which the lead service provider and property management will facilitate resident participation in decision-making with regards to building operations.
NA- proposed project is 100% PSH.
18. Describe the mechanisms and the strategies by which the lead service provider will facilitate resident participation in decision-making with regards available services/activities and service delivery.
NA- proposed project is 100% PSH.
19. Describe residents’ opportunities for social interactions to foster social cohesion within the building.
Describe how social & recreational programs will be available to residents and how the project’s physical space will support both the provision of services and also social cohesion and community building. For mixed population projects, describe plans to facilitate interaction among the different target population groups to build a unified community.
NA- proposed project is 100% PSH.
20. Describe how peer support programs (i.e., supportive relationships between people who have lived experiences in common) will be a resource for residents and will foster social interactions and social cohesion within the building.
NA- proposed project is 100% PSH.
21. The Home for Good Standards of Excellence must be adopted for all homeless Special Needs tenants.
Do you also agree to also adopt the Home for Good Standards of Excellence for any non-homeless special needs units and/or general affordable tenants in the proposed project? N/A
22. If this project has non-homeless special needs units and/or general affordable units, and Home for Good Standards of Excellence for all tenants are not being used, what measurable outcome(s) do you propose to use to evaluate Housing Stability for the aforementioned tenant populations? The outcomes must be at least as rigorous as the Home for Good Standards of Excellence for Housing Stability.
NA- proposed project is 100% PSH.
23. Describe your methods for collecting and evaluating the measurable outcomes data for all target populations. Who will collect and how? Who will evaluate and when? What systems (e.g., CHAMP, HMIS, inhouse database) will you employ? How will you make use of the results? NA- proposed project is 100% PSH.
24. If this project has non-homeless special needs units and/or general affordable units, and Home for Good Standards of Excellence for all tenants are not being used, what measurable outcome(s) do you propose to use to evaluate Tenant Satisfaction for the aforementioned tenant populations? (The outcomes must be at least as rigorous as the Home for Good Standards of Excellence for Tenant Satisfaction.)
Supportive Services Staffing Chart
NA- proposed project is 100% PSH.
25. What additional measurable outcome(s) do you propose beyond the Home for Good Standards of Excellence? (Optional)
NA- proposed project is 100% PSH.
Download the General Affordable Units Table, complete, and upload the completed document in the space below.
General Affordable Units Table 1.xlsx
Upload File
No Uploaded File 26. General Affordable Table
Instructions: List all supportive service staff positions for the proposed project, including direct service and supervisory positions. Ensure consistency between the positions listed and those referenced in the services narrative and the services budget.
1. Supportive Services Staff List (Please enter data, click Add button and a table will be created below) Staff Position Title Target Population Agency employing the staff position
Indicate whether staff will
be located on-site or offsite. If off-site, state
location. If off-site,
indicate distance from
proposed project
Case Manager Homeless,
Los Angeles County
Department of Health
Services (DHS)
On-site
Clincial Case Manager Homeless,
Los Angeles County
Department of Health
Services (DHS)
On-site
Program Manager Homeless,
Los Angeles County
Department of Health
Services (DHS)
On-site
FTE (Full Time Employee) Annual Salary Total Salary Cost Total Salary cost + Fringe Benefits
2.0 $50,000.00 $100,000.00 $125,000.00
1.0 $60,000.00 $60,000.00 $75,000.00
Lead Supportive Services Provider Experience
DHS Total Position Salaries
$243,750.00
VA Total Position Salaries
Other Total SN Position Salaries (Cash Flow)
Total GA Position Salaries (Cash Flow)
Total Salary Expenses
$243,750.00
0.5 $70,000.00 $35,000.00 $43,750.00
Funding Source Notes
Homeless Special Needs Units (DHS) -
Homeless Special Needs Units (DHS) -
Homeless Special Needs Units (DHS) -
Note: This form does not need to be completed for Lead Service Providers working with residents of Homeless Special Needs units or General Affordable units.
Applicant team must include a supportive services provider with at least twelve (12) months of experience in providing supportive services to the Target Special Needs population in at least one housing-setting project. Target Populations are defined in Supportive Services Criteria Supplemental Document. Information contained in this table will be used in the project's threshold review . Be specific when completing the Type of Special Needs column.
1. Name of Lead Service Provider & Target Special Needs Population(s) -
2. List projects to identify lead service provider's experience. (Please enter data, click Add button and a table will be created below)
Property Management Experience
Project Name Project Address Floor/Suite/Unit Beginning and End Date for Lead Service Provider
No records available.
Months Providing Service
at the Project
Type of Special Needs
Population
Number of Special Needs
Unit Number of Total Units
No records available.
Note: Applicant team must include property management staff with experience in managing at least two projects with similar tenant populations and of similar scale the proposed project.
Target populations are defined in the NOFA. Information contained in this table will be used to determine passage/failure of threshold and to determined the number of eligible projects that will qualify for experience points.
1. Name of Property Management Company
National Community Renaissance of California
2. Target Special Needs Population(s)
Homeless Individual
3. Experience Managing Affordable Rental Housing (Please enter data, click Add button and a table will be created below)
Project Name Project Address Floor/Suite/Unit Beginning and End Date for Property Management
Encanto Court 1345 W 105th St, Los
Angeles, CA 90044, USA 12/30/2012-present
Marv's Place 143 Mar Vista Ave,
Pasadena, CA 91106 12/30/2015 - present
Oakcrest Heights 22733 Oakcrest Cir, Yorba
Linda, CA 92887, USA 12/31/2017 - present
Northgate Village 17251 Dante St, Victorville,
CA 92394, USA 12/30/2007 - present
San Emi 4115 Kingsley St, Montclair,
CA 91763, USA 12/30/2014 - present
Encanto Village 6315 Imperial Ave, San
Diego, CA 92114, USA 12/30/2018 - present
Architect Experience
Mission Cove I 3247 Anchor Way
Oceanside, CA 12/30/2017 - present
San Ysidro Senior Village 517 W San Ysidro Blvd, San
Diego, CA 92173, USA 02-01-2020 to present
Project Type Target Population Type of Special Needs
Population
Number of Special Needs
Units
New Construction Seniors, Chronically Homeless,
Homeless Seniors 6
New Construction Homeless, Chronically Homeless, 19
New Construction Large Family, Special
Needs Chronically Homeless, 8
Rehabilitation Large Family, Veterans Chronically Homeless, Homeless Veterans 12
New Construction Special Needs, Intellectual/Developmental Disability, 18
New Construction Large Family, Veterans Chronically Homeless, Homeless Veterans 8
New Construction Large Family, Special
NeedsVeterans
Chronically Homeless,
Homeless Veterans 19
New Construction Special Needs, Homeless Seniors, 50
Number of Restricted
Units Number of Total Units Principal Funding Sources Principal(s) Involved andRole 61 62 LIHTC, Dan Lorraine, Ashley
Wright, Lesley Edwards
19 20 LIHTC, Dan Lorraine, Ashley
Wright, Lesley Edwards
53 54 LIHTC, Dan Lorraine, Ashley
Wright, Lesley Edwards
139 140 LIHTC, Dan Lorraine, Ashley
Wright, Lesley Edwards
18 19 LIHTC, Dan Lorraine, Ashley
Wright, Lesley Edwards
65 66 LIHTC, Dan Lorraine, Ashley
Wright, Lesley Edwards
89 90 LIHTC,
Ashley Wright, Lesley
Edwards, John Seymour,
Chris Killian
50 51 LIHTC, Dan Lorraine, Ashley
Wright, Lesley Edwards
1. Name of the Architect
D33 Design & Planning Inc.
2. Licensed in the state of California?
Yes
3. List number of multifamily housing projects completed that are subject to a recorded affordability covenant. The architect must have completed at least two (2) affordable multifamily rental housing projects of the type proposed (new construction or rehabilitation), or have completed one (1) LACDA-funded affordable multifamily rental housing project of the type proposed.
List only projects where the Architect has served as the architect of record. (Please enter data, click Add button and a table will be created below)
Project Address Floor/Suite/Unit Date Completed Housing Type 15117 Olympic Dr. Clearlake,
CA 95422 06/12/07 Family
51105 East Avenue Q-4
Palmdale, CA 93550 03/05/08 Family
6201 Fowler Ave.
Sacramento, CA 95828 10/12/08 Family
1786 W. Euclid Ave. El
Centro, CA 92243 08/15/09 Family
2140 E. Broadway Road
Phoenix, AZ 85040 11/30/10 Family
3330 E. Van Buren Street
Phoenix, AZ 85008 11/09/11 Family
1680 S. Garey Avenue
Pomona, CA 91766 11/24/17 Special Needs
735 Illinois Avenue
Beaumont, CA 92223 08/14/18 Special Needs
6218 Compton Avenue Los
Angeles, CA 90001 07/24/19 Special Needs
1900 Long Beach Blvd.
Long Beach, CA 90806 02/15/21 Special Needs
11815 Wilmington Ave. Los
Angeles, CA 90059 04/16/21 Special Needs
Project Type Total Number of Units Number of Restricted Affordable Units Architect Role
Applicant Certification Statement
New Construction 55 54 Lead
New Construction 73 72 Lead
New Construction 47 46 Lead
New Construction 68 67 Lead
New Construction 68 67 Lead
New Construction 140 139 Lead
New Construction 46 45 Lead
New Construction 38 37 Lead
New Construction 30 29 Lead
New Construction 95 94 Lead
New Construction 100 99 Lead
Please provide the following information for each entity (for profit and non-profit) of the applicant entity. Provide separate forms for each entity, as necessary. Do not leave any question unanswered. If not applicable, enter "N/A".
For purposes of this Certification Statement, the term "Applicant" refers to the person(s) or entity(ies) applying for funding from LACDA programs. The term “principal” means, with respect to a corporation, company or partnership, all those persons and entities who are directors, officers, members, partners or owners of the entity, whether directly or indirectly.
For example, the president of a corporation that is a general partner, or a limited partner in a limited partnership is considered a “principal” of both the corporation and the limited partnership under this definition. The term “affiliate” means a person or entity that directly or indirectly, in full or in part, owns, controls, or is under full or partial common ownership or control, directly or indirectly with another person or entity. For example, if Sue Smith is a member of a limited liability company that is the general partner of ABC Limited Partnership, and Sue Smith also serves as the vice-president of XYZ Contractor Corporation, then ABC Limited Partnership and XYZ Contractor Corporation are “affiliates” under this definition.
The responses to the below questions shall include disclosures regarding jurisdictions outside of California. So if Applicant or any of its partners, principals or affiliates are active outside of California or subject to the jurisdiction of parties outside of California, the responses below must include this information.
1. Applicant's Name
National Community Renaissance of California
2. List any additional names or aliases, exercise of power of attorney, and/or fiduciary trust capacities that you are currently using or have used in the past. If any, please explain.
National Community Renaissance of California was previously known as “The Southern California Housing Development Corporation.” Its name was changed to its current name via an amendment to the Articles of Incorporation in 2007. See List of Affiliations (e.g. Partnerships)
3. Has the Applicant or any of its partners, principals or affiliates ever been debarred, suspended, proposed for debarment, decline ineligible, or voluntarily excluded from doing business with any local, state or federal agency, or revoked, lapsed, and/or terminated for any reason? If yes, please explain.
No.
4. Has the Applicant or any of its partners, principals, or affiliates ever filed for bankruptcy or receivership case or had a commenced against it, or been foreclosed against? If yes, please explain and state the case number and whether the case was dismissed, discharged, or is current.
No.
5. Has the Applicant or any of its partners, principals, or affiliates ever defaulted on a financial obligation? If yes, please explain.
No.
6. Is there, or has there ever been, a settlement and/or judgment filed, or a case pending against the Applicant or any of its partners, principals, or affiliates? If yes, please list the active cases pending against the Applicant, or any of its partners, principals, or affiliates and provide a letter identifying these pending lawsuits and certify the entity's financial stability to meet current obligations and pending lawsuits. (Supporting Document required, if applicable)
Yes - See attached Letter of Explanation.
7. Are any of the Applicants' property/ies currently in remedial foreclosure, tax sale, or with tax lien? If yes, please explain.
No.
8. Has the Applicant or any of its partners, principals, or affiliates been issued any professional licenses, including but not limited to architect, general contractor, engineer, law, securities broker, and/or real estate broker? If yes, please explain.
Yes. Employees and/or principals of the Applicant and/or its affiliates maintain the following licenses that are applicable to their respective businesses/operations: Real Estate Broker License; B1 General Contractor License; License to practice law under the California Bar; License to practice architecture.
9. Has the Applicant or any of its partners, principals, or affiliates had any professional licenses, revoked, suspended, surrendered, or terminated? If yes, please explain.
No.
10. Has the Applicant or any of its partners, principals, or affiliates defaulted on any contractual obligation involving a payment equal to or greater than $100,000, including but not limited to, loans, vendor agreements, and development agreements? If yes, please explain.
No.
11. Does the Applicant or any of its partners, principals, or affiliates have any record of violation of affordability or regulatory agreements with any public agency? If yes, please explain.
No.
12. Within the past ten years, has the Applicant or any of its partners, principals, or affiliates ever been convicted for fraud, arson, bribery, grand larceny, other felony or misdemeanor other than minor traffic violations and/or placed on probation, fined, or given a suspended sentence in court? If yes, please explain.
No.
13. Has the Applicant or any of its partners, principals, or affiliates ever been cited and/or convicted of a misdemeanor, including but not limited to a conviction under local health, fire, environmental, and/or building and safety laws, relating to the ownership and/or management of real property? If yes, please explain.
No.
14. Are any of the applicant's property/ies currently in arrears or in foreclosure proceedings by the City, state, federal, or a private financial institution?
No.
15. Within the past ten years, has the applicant been convicted of any misdemeanor for any financial or fraud related crime?
No.
16. Is the applicant currently subject to, or been notified that it may become subject to, any civil or administrative proceeding, examination, or investigation by a local, state or federal licensing, accreditation, regulatory or enforcement agency or taxing authority? Yes - See attached Letter of Explanation.
17. Does the Applicant, its partners or affiliates have any employees or relatives who have close association with current or former employees of LACDA? If yes, please explain.
No.
18. Are any current or former employees of LACDA currently employed by the Applicant, its principals, partners, or affiliates? Are relatives of any LACDA employees currently employed by the Applicant, its
List of Applicant Partnerships & Affiliations
principals, partners, or affiliates? If yes, state names and dates of employment.
Yes - The two following individuals are currently employed at National Community Renaissance of California and were employed by the LACDA (fka LACDC): Kevin Chin (2001-2006) & Carol Godlewski (1993-2001).
19. Are there any current or former employees of LACDA that have a financial interest in this project? If yes, state names, dates of employment and interest.
No.
20. Does the Applicant or any of its principals, partners, or affiliates have any income and/or real property taxes or assessments that are past due? If yes, please explain.
No.
21. Within the past five years, has the Applicant or any of its partners, principals, or affiliates failed to comply with Davis-Bacon or California prevailing wage requirements on any previous development project? If yes, please explain.
No.
22. What partners, principals, or affiliates of the Applicant will be involved with this proposed project as a contractor, subcontractor, lender, service provider, or manager? Please disclose all potential conflicts of interest or less than arm's length transactions that may occur in the development or operation of the project.
NCRC is the Developer, Owner, Managing General Partner, and General Contractor, Property Manager.
23. NOTE: BY CHECKING BELOW, APPLICANT CERTIFIES ALL INFORMATION IS TRUE AND CORRECT. ANY
FALSE OR INCOMPLETE STATEMENTS MAY, IN THE LACDA'S SOLE DISCRETION, BE GROUNDS FOR DENIAL OR REVOCATION OF FUNDING AT ANY TIME PRIOR TO OR AFTER LOAN FUNDING.
Applicant certifies information is true and correct
Applicant's Name
See Upload
Provide a list of all partnerships, corporations, joint ventures, and/or limited partnership entities (including the Applicant, if applicable) with which you currently are or have been associated, designate whether you are/were a principal, and list your title and responsibilities, the purpose of the organization, and its current status. Additionally, list all residential income properties that are owned by the Applicant, or any of its partners, principals or affiliates, or in which the Applicant, or its principals or affiliates, have a vested interest.
Acknowlegements & Certifications
List of Applicant Partnerships & Affiliations (Please enter data, click Add button and a table will be created below)
Name of partnerships,
corporations, joint
ventures and limited
partnerships
Principal? Title / Role Organization Purpose
No records available.
Name of Associated Property, if Applicable Organization's Status No records available.
1. Applicant
National Community Renaissance of California
2. General Application Certification
By checking below Applicant hereby certifies under penalty of perjury that all representations made in this application for funding from LACDA for the identified project are true and correct to the best of Applicant's knowledge, after a prudent and reasonable investigation of all relevant facts and circumstances, at the time of the application's submission.
For purposes of this certification, this application includes without limitation, all of the items and materials set forth in the Application for Funding, and all materials, documentation, information, and statements submitted in connection therewith and or in response to the NOFA and as may be requested by LACDA.
Applicant understands that if the above certification is untrue then, in addition to any remedies available at law or equity to LACDA, this application may be rejected or the terms and conditions of any funding vehicle shall be modified by LACDA, even after an award has been made.
The representations made in this application shall remain true at all times from the date of this certification until any award is rendered and throughout the term of any loan or grant made to Applicant on account of this application, except that if any such representation should become materially false, misleading or incomplete, Applicant shall immediately notify LACDA in writing and this application may be rejected or the terms and conditions of any grant or loan shall be modified by LACDA, even after an award has been made.
Applicant Acknowledgement and Certification
I agree to the above
3. Acknowledgement of Universal Design Requirements
By checking below, Applicant signifies understanding of the Universal Design requirements under this NOFA and acknowledges that the development shall comply with all elements of this standard, as identified in Architectural Design Requirements Supplemental Document.
This project falls under the following category:
Acknowledgment of Universal Design Guidelines
Not applicable
4. Acknowledgement of Supportive Services Requirements
By checking below, Applicant acknowledges that the project's supportive service plan must address the identified service criteria for the project’s target special needs population(s) - both Homeless Special Needs and Other Special Needs residents. Supportive service plans for projects with multiple target populations must address the service criteria for all target populations, including the general affordable population. The plans must present a clear distinction between the staffing resources and supportive services allocated to each population, and which services are available to all. A lead service provider must be identified at the time of application.
Acknowledgement of Supportive Services Requirements
Applicant Acknowledgement and Certification
5. Required Sustainable Building Methods
1. Minimum Energy Efficiency: Rehabilitation projects must be designed to meet the minimum construction requirements as defined by current TCAC Regulations.
2. Outdoor water conservation measures that include:
A). Specify native or drought-tolerant plants for a minimum of 75% of landscaped area with the exception of edible landscaping. Plants shall be selected from The Drought Tolerant Garden Handbook for Los Angeles County[1] for the Project’s appropriate climate zone. A table and calculations shall be included in the plans, by area. A plant material list, keyed to plans, using Latin and/or common names as found in the Drought Tolerant Garden Handbook shall also be clearly indicated.
B) Conventional grass/turf shall not exceed 25% of landscaped area.
C) Group plants with similar watering needs (hydrozones).
D) Install high efficiency irrigation system with smart irrigation controls for all landscaping. [1] https://pw.lacounty.gov/wwd/web/Documents/DroughtTolerantGarden.pdf
3. The project shall divert a minimum of 70% of non-hazardous construction and demolition debris from landfill either by recycling or by salvage efforts. Note that daily cover at landfill is neither recycling nor salvage for the purpose of this requirement.
Specifications shall include a construction waste management section that requires submittal of a construction waste management plan and monthly reports that confirm the target diversion is achieved.
4. All projects shall provide an easily accessible recycling area for tenant use that serves the entire building. Recycling area shall not create a nuisance for any tenant unit.
Sustainable Building Methods Compliance Certification
By checking this box, applicant certifies that the above sustainable building methods will be incorporated into the project's design.
6. Acknowledgement of Accessibility Requirements
Applicant understands the accessibility requirements for projects assisted by the LACDA and acknowledges that the development shall comply with all applicable requirements for access and design imposed by law, including, but not limited to, the 2010 ADA Standards, sections 11A and 11B of the California Building Code, Section 504 of the Rehabilitation Act, and the Fair Housing Act. Applicant is responsible for ensuring the project architect incorporates all accessibility requirements into the project design.
Acknowledgement of Accessibility Requirements
Applicant Acknowledgement and Certification
7. Certification That Project Site is Free From Severe Environmental Contamination By checking below, Applicant acknowledges environmental restrictions and certifies that the Project site is free from severe adverse environmental conditions, such as the presence of toxic waste that is economically infeasible to remove and that cannot be mitigated.
Applicant Acknowledgement and Certification
Applicant Acknowledgement and Certification
PBV - Project Summary
8. Certification That Lead Service Provider is on DHS Master Agreement List By checking below, Applicant certifies that the Lead Service Provider that will provide supportive services to tenants of the proposed project is part of the Department of Health Services' Master Services Contract for Intensive Case Management Services provision.
Applicant Acknowledgement and Certification
Applicant Acknowledgement and Certification
Requesting Vouchers?
Yes
# of PBVs Requested
52 # PBVASH Requested
-
Project Name
740 E Foothill
Census Tract
4004.03
Assessor's Parcel Number(s)
8661-020-014, -015, -016
Building Information
Address Total Number of Units Unit Type # PBV Units
740 E Foothill Blvd, San
Dimas, CA 91773, USA 53 1 Bedroom 52
# of PBVASH units # of Mobility impaired
units
# of Hearing or Vision
impaired units
If exception exists, select
one :
- 8 6 - Page 168
PBV - Deconcentration
PBV - Rehab
PBV - Unit Eligibility
Note: No more than the greater of 25 units or 25% of the total number of units in the project can receive PBV/PBVASH assistance, unless they are “excepted” units. Excepted units must be used exclusively throughout the term of the HAP contract for:
1) Elderly, (62 years and over) and/or
2) “Qualifying” families, defined by HUD as households in which at least one member is elgible to receive at least one qualifying supportive service. Section H. of the NOFA Application must describe qualifying supportive services for qualifying families, monitoring, and procedures for termination of families non-compliant with service plans. See Sections 21.5.1 through 21.5.4 of the Housing Assistance Division's Administrative Plan for the requirements for qualifying supportive services.
Upload File
Name Download View Category
HUD 2880 Form Building cloud_download remove_red_eye Information
1. Is the project located in a census tract with a poverty rate at or below 20%? Yes
1. Is this proposal for housing to be rehabilitated?
No
1. Will the project include shared housing units?
No
2. Are any project units on the grounds of a penal, reformatory, medical, mental, or similar public or private institution?
No
3. Is the project a nursing home or facility providing continuous psychiatric, medical, nursing services, board and care, or intermediate care? (If the project is an assisted living facility that provides home health care services such as nursing and therapy for residents of the housing, answer “no.”) No
PBV - New Construction
PBV - Qualifying Resident Population
4. Does the project include units that are owned or controlled by an educational institution or its affiliate and are designated for occupancy by students of the institution? No
5. Will the project include manufactured homes?
No
6. Will the project include cooperative housing?
No
7. Is the project transitional housing?
No
8. Will an owner of the project occupy a project unit?
No
9. Are any of the project units occupied by households who will occupy the units at execution of the HAP contract?
No
10. Are any project units located in a high-rise elevator building (5 or more stories) that may be occupied by families with children?
No
11. Is the project located within the County of Los Angeles and within the jurisdiction of the LACDA, which includes unincorporated areas of the County of Los Angeles and cities in Los Angeles County that do not have their own Housing Authorities?
Yes
1. Is the project located in a census tract where minority households equal 71% or less of the total households?
Yes
PBV - CIvil Rights
PBV - Accessibility
Supporting Documents
1. For all excepted units in excess of the greater of 25 units or 25% of the total number of units in the project, residents will be:
Families in which at least one member is eligible to receive qualified supportive services
2. Requested Contract Term
20 3. Would you accept an extension of the contract if it were offered? Yes
1. Is the site suitable from the standpoint of facilitating and furthering full compliance with the applicable provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d–2000d(4)) and HUD's implementing regulations at 24 CFR part 1; Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601–3629); HUD's implementing regulations at 24 CFR parts 100 through 199; Executive Order 11063 (27 FR 11527; 3 CFR, 1959– 1963 Comp. p. 652), and HUD's implementing regulations at 24 CFR part 107? Yes
2. Does the site meet the section 504 site selection requirements described in 24 CFR 8.4(b)(5) Yes
1. Does the housing comply with program accessibility requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and regulations at 24 CFR part 8? Yes
2. Does the housing comply with design and construction requirements of the Fair Housing Amendments Act of 1988 and regulations at 24 CFR 100.205, as applicable? Yes
Please review and upload all required documents listed in the Application Checklist as required in the below sections. Upload any additional documents not listed in the "Other Documents" section.
NOFA 28 Application Checklist FINAL 11.1.2022.pdf
Upload File
Site Information will autopopulate after entering a property in the Existing Site Information step and you will be able to upload documents against that site.
Date of First Written Offer
Site Approval Docs
Executed Agreement
Name Download View Category
Self-Scoring Worksheet cloud_download remove_red_eye Scoring Id Address Date of Offer File Name Category
813 - - -
Proof of Site
Control
643
740 E FOOTHILL
BLVD SAN DIMAS CA
91773
- -
Proof of Site
Control
981
800 E FOOTHILL
BLVD SAN DIMAS CA
91773
- -
Proof of Site
Control
Id Address Form of Site Control Name Of Seller
813 - 2 -
643 740 E FOOTHILL BLVD SAN
DIMAS CA 91773 - -
981 800 E FOOTHILL BLVD SAN
DIMAS CA 91773 - -
% Of Ownership Date Ownership
Obtained Ownership Interest? File Name Category
100 - Yes Proof of Site Control
- - No Proof of Site Control
- - No Proof of Site Control
Upload File
Upload File
Id Address Date Executed File Name Category
813 - 12-13-2022
Site Control -
PSA_APN 8661-020-
015
Proof of Site
Control
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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of May 9, 2023
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks and Recreation Subject: Public Hearing Regarding the Adoption of Resolution 2023-28, Setting the Special City-wide Landscape Per Parcel Tax for Fiscal Year 2023-2024 to be Used for Landscape Maintenance Purposes
____________________________________________________________________________
RECOMMENDATION
City staff recommends that the City Council:
1) Conduct a public hearing to receive public comment
2) Adopt Resolution 2023-28, Option 1 – With Increase
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING THE
SPECIAL CITY-WIDE LANDSCAPE PER PARCEL TAX FOR FISCAL YEAR 2023-2024 TO BE USED FOR LANDSCAPE MAINTENANCE PURPOSE
FISCAL IMPACT
The fiscal impact is dependent on City Council action. Funds collected from the Citywide Parcel Tax are used to offset costs in the City Budget Fund 8 (Landscape Parcel Tax). For Fiscal Year 2023-24, Fund 8 expenditures are estimated at $1,148,560. Approval of the recommended action would increase the Parcel Tax collected in FY 2023-24 by 3.7% or approximately $36,295 to correspond to the 3.7% increase in the Consumer Price Index. With the revenue currently generated, Fund 8 is projected to run a deficit of approximately $131,319. If the City Council does
SUMMARY
Ordinance No. 1086 requires that the voter approved City Wide Landscape Parcel Tax shall be set annually by the City Council following a public hearing. A Resolution is presented for Council consideration and adoption.
Adoption of a Resolution, City-Wide Landscape Parcel Tax Page 2 For the Meeting of May 9, 2023
not increase the parcel tax, the deficit in the Landscape Parcel Tax Fund would increase to $167,614.
BACKGROUND
In November 1997 the voters of the City of San Dimas by a 71% affirmative vote approved Ordinance No. 1086 adopting a special parcel tax to be levied against properties in the city. Per voter approval, the revenues collected are exclusively used to improve and maintain public parks, parkways, medians, and trees. Citywide Landscape Parcel Tax revenues and expenditures are reflected in Fund 8 of the City Budget.
Estimated expenditures in Fund 8 for Fiscal Year 2023-24 are $1,148,560. The expenditures include costs for citywide contract landscape and tree maintenance services, utilities (electric & water), and landscape and irrigation supplies. Any cost not covered by the Landscape Parcel Tax would need to be subsidized by the General Fund or an alternate revenue source. In addition to revenue generated by the assessment, other revenue in Fund 8 includes reimbursement from the Bonita Unified School District to cover a portion of the maintenance costs for the San Dimas Sportsplex.
Ordinance No. 1086 requires that commencing with FY 1999–2000; the special tax shall be set annually by the City Council following a public hearing. The rate of the tax as established by Ordinance No. 1086 can be adjusted annually to reflect changes in the Consumer Price Index by an amount equal to the increase in the CPI for the period extending from April 1 of the previous year through March 31 of the current year, which was 3.7% for this year.
The Citywide Landscape Parcel Tax Supports Only One-Third of the Total Program Costs Ordinance No. 1086 implemented the special tax to replace the City’s Landscape and Lighting District No. 1 (LLD) as a result of changes under Proposition No. 218. The LLD funded similar activities as the 1999-2000 special tax. As a comparison, the annual proposed rate of $70.29 for a single family home is $8.15 higher than the rate paid by a single family home in 1996-97.
Further, while the special tax is shown to deficit spend already, much of the City staff working to improve and maintain landscaping in street medians and rights-of-ways, public parks and other public area are paid for by the General Fund and not the special tax. Thus, the deficits identified below do not reflect the additions of these staff costs; consequently, the true deficit in the Fund 8 if the entire Landscape and Park Maintenance program is considered is much greater.
As reflected in the City’s preliminary budget presentation during the April 25, 2023 study session, the Landscape Parks and Medians Maintenance program has a proposed 2023-24 cost of $2,768,453 while the revenue from the special tax equals $1,031,000. In all, the special tax supports only 37.2% of the program’s cost.
DISCUSSION/ANALYSIS
Staff requests that the City Council review two options for the City-Wide Landscape Parcel Tax rates for FY 2023–2024.
Option 1 - Adjust the tax by increasing the rate to reflect the change in the Consumer Price Index of 3.7% for March 2023.
Adoption of a Resolution, City-Wide Landscape Parcel Tax Page 3 For the Meeting of May 9, 2023
• The revenue for Option 1 is projected at $1,017,241 reflecting an increase of $36,295. In this scenario, the deficit in Fund 8 would continue to run a deficit of $131,319.
Option 2 - Maintain the landscape parcel tax at the same rate without adjustment for FY 2023-2024.
• The revenue for Option 2 is the same as current fiscal year, projected at $980,946.
• In this scenario, the deficit in Fund 8 would grow to $167,614.
Annual rates based on property classification are indicated in the following chart:
Option 1 Option 2
Property Classification Tax Amount Tax Amount Increase
Single Family Residential $70.29 $67.78 $2.51/home
Commercial/Industrial, per front foot $ 2.13 $ 2.05 $0.08/foot Non-Profit/Tax Exempt Parcels, per front foot $ 0.44 $ 0.42 $0.02/foot Multi-Family Residential, per unit $51.47 $49.63 $1.84/unit Mobile Home Parks, per front foot $ 1.64 $ 1.58 $0.06/foot Concluding the Public Hearing, City Council may adopt a Resolution to assess the landscape parcel tax for FY 2023-2024 with a 3.7% consumer price index adjustment as indicated in Option 1 or at the same rate as FY 2022–2023, as indicated in Option 2. The Landscape Parcel Tax will operate with a projected deficit of $131,319 in Option 1, and a larger deficit of $167,614 in Option
2. Both options will require a General Fund subsidy to complete scheduled maintenance activities.
ENVIRONMENTAL REVIEW
This activity is not a project under the California Environmental Quality Act. There is no direct physical or reasonably foreseeable indirect physical change to the environment with the recommended action.
Respectfully submitted,
Scott Wasserman, Director of Parks & Recreation
Attachments:
1. Resolution 2023-28, Option 1 – With Increase
2. Resolution 2023-29 Option 2 – No Increase
3. Ordinance 1086
RESOLUTION NO. 2023-28
(Option 1 – with increase)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, SETTING THE SPECIAL CITY-WIDE PARCEL TAX FOR FISCAL YEAR 2023-2024 TO BE USED FOR LANDSCAPE MAINTENANCE PURPOSE WHEREAS, at the November 1997 City election, the voters of the City of San Dimas approved Ordinance No. 1086 adopting a special parcel tax to be levied against the properties in the City, with the revenues to be used to improve and maintain parkway trees, landscaping, public parks and other public areas;
WHEREAS, Ordinance No. 1086 requires that commencing with fiscal year 1999-2000, the special tax shall be set annually by the San Dimas City Council following a public hearing; and
WHEREAS, Ordinance No. 1086 provides that annually, without further voter approval, the amount of the tax may be adjusted by the City Council to reflect changes in the Consumer Price Index for all Urban Consumers for the Los Angeles-Anaheim-Riverside Area, as published by the United States Department of Labor, Bureau of Labor Statistics, and WHEREAS, the Consumer Price Index for the period of April 1, 2022 to March 31, 2023 was 3.7%, and
WHEREAS, the public hearing to set the annual special tax has been properly noticed for the City Council meeting of May 9, 2023; and
WHEREAS, the public hearing was held and testimony received, if any at the May 9, 2023 City Council meeting; and
WHEREAS, the City Council desires to increase the rate of the special parcel tax at the Consumer Price Index rate of 3.7% for fiscal year 2023-2024 as authorized by the provisions of Ordinance No. 1086.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of San Dimas does hereby resolve that:
For fiscal year 2023-2024 the following special parcel tax shall be levied against property in the City of San Dimas:
PROPERTY CLASSIFICATION AMOUNT OF TAX
Single Family Residential $70.29
Commercial/ Industrial, per front foot $ 2.13
Non-Profit/Tax Exempt Parcels, per front foot $ 0.44
Multi-Family Residential, per unit $51.47
Mobile Home Parks, per front foot $ 1.64
Attachment 1 Page 186
Resolution 2023-28 Page 2
City Wide Landscape Parcel Tax – Option 1 With Increase May 9, 2023
PASSED, APPROVED AND ADOPTED this 9th day of May, 2023. ________________________________________
Emmett Badar, Mayor
ATTEST:
_____________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2023-28 was adopted by the City Council of San Dimas at its regular meeting of May 9, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Debra Black, City Clerk
RESOLUTION NO. 2023-29
(Option 2 - no increase)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, SETTING THE SPECIAL CITY-WIDE PARCEL TAX FOR FISCAL YEAR 2023-2024 TO BE USED FOR LANDSCAPE MAINTENANCE PURPOSE WHEREAS, at the November 1997 City election, the voters of the City of San Dimas approved Ordinance No. 1086 adopting a special parcel tax to be levied against the properties in the City, with the revenues to be used to improve and maintain parkway trees, landscaping, public parks and other public areas;
WHEREAS, Ordinance No. 1086 requires that commencing with fiscal year 1999-2000, the special tax shall be set annually by the San Dimas City Council following a public hearing; and
WHEREAS, the public hearing to set the annual special tax has been properly noticed for the City Council meeting of May 9, 2023; and
WHEREAS, the public hearing was held and testimony received, if any at the May 9, 2023 City Council meeting; and
WHEREAS, the City Council desires to levy the special parcel tax at the same rates for fiscal year 2023-2024.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby resolve that:
For fiscal year 2023-2024 the following special parcel tax shall be levied against property in the City of San Dimas:
PROPERTY CLASSIFICATION AMOUNT OF TAX
Single Family Residential $67.78
Commercial/ Industrial, per front foot $ 2.05
Non-Profit/Tax Exempt Parcels, per front foot $ 0.42
Multi-Family Residential, per unit $49.63
Mobile Home Parks, per front foot $ 1.58
PASSED, APPROVED AND ADOPTED this 9th day of May, 2023
____________________________________
Emmett Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk
Attachment 2 Page 188
Resolution 2023-29 Page 2
City Wide Landscape Parcel Tax Option 2 – No Increase
May 9, 2023
2 I, Debra Black, City Clerk, hereby certify that Resolution 2023-29 was adopted by the City Council of San Dimas at its regular meeting of May 9, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Debra Black, City Clerk
Attachment 3 Page 190
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of May 9, 2023
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks and Recreation Subject: Public Hearing Regarding Open Space Maintenance District No. 1 (Tract 32818, Boulevard) and the Adoption of the Resolution Confirming the Assessment.
____________________________________________________________________________
RECOMMENDATION
Staff recommends that the City Council :
1. Conduct a public hearing to receive public comments .
2. Adopt Resolution 2023-30 confirming the diagram and assessment for fiscal year 2023- 2024 for Open Space Maintenance District No. 1 (Tract 32818, Boulevard).
RESOLUTION 2023-30, OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 2023-2024 FOR OPEN SPACE MAINTENANCE DISTRICT NO. 1 (TRACT NO. 32818, BOULEVARD)
FISCAL IMPACT
The funds collected from the assessment are used to offset costs incurred for maintainance of the Boulevard landscape district. The Assessment District was created with an allowance for an annual Consumer Price Index (CPI) rate adjustment. At this time, the fund balance for the Boulevard Assessment District is negative and the Engineer’s Report calls for a CPI increase of $33.05 or 5.8%.
SUMMARY
Conduct a Public Hearing and Consider Adopting a Resolution Confirming the Diagram and Assessment for Fiscal Year 2023-24 for Open Space Maintenance District No. 1, Tract No. 32818, Boulevard.
Consideration to Adopt Resolution Confirming the Assessment for Fiscal Year 2023-24 Page 2 For the Meeting of May 9, 2023
BACKGROUND
On March 14, 2023 the City Council adopted Resolution 2023-15 approving the Engineer’s Report and declaring its intention to levy and collect an assessment for fiscal year 2023-2024 for Open Space Maintenance District No. 1 (Tract No. 32818 -Boulevard) and set a Public Hearing for May 9, 2023.
DISCUSSION/ANALYSIS
The Engineer’s Report was prepared with the scope of work to include general landscape maintenance, tree trimming, water, and electricity on a quarterly basis, with an assessment increase of 5.8%, reflective of changes in the Consumer Price Index. The 2022-2023 assessment rate was $569.86 per parcel. The change in the CPI from January 2022 to January 2023 was
5.8%. Therefore, the recommended authorized assessment rate for Fiscal Year 2023-2024 is increased by 5.8% or $33.05/parcel, which equates to an annual assessment rate of $602.91 per parcel.
ENVIRONMENTAL REVIEW
This activity is not a project under the California Environmental Quality Act. There is no direct physical or reasonably foreseeable indirect physical change to the environment with the recommended action.
Respectfully submitted,
Scott Wasserman
Director of Parks and Recreation
Attachments:
1 Resolution 2023-30
2 Engineer’s Report for Fiscal Year 2023-2024 for Open Space Maintenance District No.1, Tract 32818, Boulevard
RESOLUTION 2023-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 2023-2024 FOR OPEN SPACE MAINTENANCE DISTRICT NO. 1 (TRACT NO. 32818, BOULEVARD) WHEREAS, The City Council of the City of San Dimas, County of Los Angeles, formed Open Space Maintenance District No. 1, pursuant to the Landscape and Lighting Act of 1972, by adopting Resolution No. 77-57; and
WHEREAS, by Resolution No. 2023-15, adopted on March 14, 2023, the City Council approved the Engineer’s Report which indicates the amount of the proposed assessments for the fiscal year 2023-2024, the district boundary, the assessment zones, and detailed description of improvements; and
WHEREAS, in said Resolution No. 2023-15, the City Council did declare its intention to levy and collect an assessment within Open Space District 1, for fiscal year 2023-2024, and fixed the 9th day of May, 2023, at 7:00p.m., as the date and time, and the San Dimas Council Chamber as the place for hearing any objections to the levy of the proposed assessment; and WHEREAS, notice of said hearing has been posted and published in accordance with law; and
WHEREAS, the City Council has held said hearing, has afforded all interested persons the opportunity to hear and be heard, and has considered all oral statements and all written protests made or filed by any interested person.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas, does hereby resolve that:
SECTION 1. The assessments, as shown in the Engineer’s Report, a copy of which is attached hereto, are approved, and the adoption of this resolution constitutes the levy of said assessments for the 2023-2024 fiscal year.
SECTION 2. The City Clerk of the City of San Dimas is hereby authorized and directed to file a certified copy of the diagram and assessments with the County Auditor of the County of Los Angeles no later than the 1st day August, 2023.
SECTION 3. The City Council hereby orders the annual maintenance program work as set forth in said resolution of intention to be done.
Attachment 1 Page 195
Resolution 2023-30 Page 2
Confirming the Diagram and Assessment FY 2023-24 Open Space Maintenance District No. 1 Tract No. 32818, Boulevard
May 9, 2023
PASSED, APPROVED AND ADOPTED this 9th day of May, 2023. _____________________________________
Emmett Badar, Mayor
ATTEST:
_____________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2023-30 was adopted by the City Council of San Dimas at its regular meeting of May 9, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Debra Black, City Clerk
CITY OF SAN DIMAS
OPEN SPACE MAINTENANCE DISTRICT NO. 1
(TRACT 32818, BOULEVARD DEVELOPMENT)
ENGINEER’S REPORT
FISCAL YEAR 2023-2024
SECTION 1. AUTHORITY FOR REPORT
This report is prepared pursuant to the order of the City Council of the City of San Dimas, and in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, and Article XIII D of the California Constitution.
SECTION 2. THE IMPROVEMENTS
The improvements consist of an irrigation system and landscaping within Lot 20 of Tract No. 32818, which was required to be installed by the developer and accepted for maintenance by the City. The plans and specifications for the landscaping are in conformance with the requirements of the conditions of approval of said Tract No. 32818, and City Standards. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of this report, and are on file in the office of the City Engineer.
SECTION 3. DIAGRAM FOR THE ASSESSMENT DISTRICT
A copy of the assessment diagram is on file in the office of the City Engineer.
SECTION 4. ESTIMATE OF COSTS OF THE IMPROVEMENTS
The cost of the initial landscaping of Lot 20 of Tract 32818 was borne by the subdivider; therefore, all assessments relate to maintenance only.
Direct Maintenance Costs:
General Maintenance (by Contract) $4,597.01
Utilities - Electrical $565.00
Utilities - Water $12,000.00
Tree Trimming $600.00
Irrigation Repairs or Upgrades $800.00
Total of Direct Maintenance Costs: $18,562.01
CURRENT ASSESSMENT: $10,827.34 ($569.86/parcel)
2023-2024 ANNUAL ASSESSMENT: $11,455.33 ($602.91/parcel) 2023-2024 Deficit <$7,106.68>
Attachment 2 Page 197
2 Prior Fund Balance <$2,472.93>
Ending Fund Balance <$9,579.61>
Note: The costs aforementioned exceed the Annual Assessment. The assessment is subject to an annual adjustment tied to the Consumer Price Index-U for the Los Angeles Area as of December of each succeeding year (the "CPI") with a maximum annual adjustment rate not to exceed 7%.
The change in the CPI from January 2022 to January 2023 was 5.8%. Therefore, the maximum authorized assessment rate for Fiscal Year 2023-2024 is increased by 5.8% which equates to an annual assessment of $11,455.33 ($602.91/parcel). The annual increase per parcel is $33.05.
SECTION 5 ASSESSMENT
The following information regarding assessments to individual lots for the 2023-2024 Fiscal Year is contained herein and is to be levied on July 1, 2023. The net amount estimated to be assessed upon the assessable lands within the district is $11,455.33, which is apportioned to all assessable lots shown on the attached Assessment Roll.
The landscape district was developed for the benefit and enjoyment of all properties included within the assessment district boundaries, and all parcels benefit equally from the improvements.
Respectfully submitted,
Shari Garwick
Director of Public Work
Dave Gilbertson, P.E.
Deputy City Engineer
CITY OF SAN DIMAS ASSESSMENT ROLL FOR
OPEN SPACE MAINTENANCE DISTRICT NO. 1
TRACT NO. 32818 - BOULEVARD DEVELOPMENT
ADDRESS
LOT NO. ASSESSOR'S
REFERENCE
2022-2023
ASSESSMENT
2023-2024
ASSESSMENT
INCREASE
TOTAL
2023-2024
ASSESSMENT
1204 Via Verde 4 8448-021-027 569.86 33.05 602.91
1228 Via Verde 7 8448-021-032 569.86 33.05 602.91
1236 Via Verde 8 8448-021-033 569.86 33.05 602.91
1244 Via Verde 9 8448-021-034 569.86 33.05 602.91
1252 Via Verde 10 8448-021-035 569.86 33.05 602.91
1260 Via Verde 11 8448-021-036 569.86 33.05 602.91
1306 Via Verde 12 8448-021-037 569.86 33.05 602.91
1318 Via Verde 13 8448-021-038 569.86 33.05 602.91
1322 Via Verde 14 8448-021-039 569.86 33.05 602.91
1330 Via Verde 15 8448-021-040 569.86 33.05 602.91
1338 Via Verde 16 8448-021-041 569.86 33.05 602.91
1346 Via Verde 17 8448-021-042 569.86 33.05 602.91
1354 Via Verde 18 8448-021-043 569.86 33.05 602.91
1362 Via Verde 19 8448-021-044 569.86 33.05 602.91
1219 Paseo Dorado 1 8448-021-046 569.86 33.05 602.91
1203 Paseo Dorado 3 8448-021-047 569.86 33.05 602.91
1220 Via Verde 6 8448-021-048 569.86 33.05 602.91
1211 Paseo Dorado 2 8448-021-049 569.86 33.05 602.91
1212 Via Verde 5 8448-021-050 569.86 33.05 602.91
10,827.34 627.95 11,455.29
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of May 9, 2023
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks and Recreation Subject: Public Hearing Regarding Open Space Maintenance District No. 1 (Tract 32841, Northwoods) and Assessment Increases, the Adoption of the Resolution Confirming the Increased Assessment and CPI or the Alternative Resolution.
____________________________________________________________________________
RECOMMENDATION
Staff recommends that the City Council:
1. Conduct a public hearing on the proposed assessment rate increase for Open Space Maintenance District No. 1 (Tract No. 32841, Northwoods) . At the conclusion of the public hearing, the ballots received will be tabulated and the results will be announced. 2a. In Favor – Adopt Resolution 2023-31 if the ballot receives a 51% majority vote in favor or if the vote concludes in a tie to increase the assessment to $1,538.28 per parcel and add an annual adjustment by the Consumer Price Index; or Resolution 2023-31, Confirming the increases in Assessments, the Diagram and Assessment for Fiscal Year 2023-2024 for Open Space Maintenance District No. 1 Annexation No. 3 (Tract No. 32841, Northwoods) and CPI increase in future years.
SUMMARY
Conduct a Public Hearing, Tabulate Ballots and Consider Adopting Resolution 2023- 31 Confirming the Increased Assessment, Diagram and Assessment for Fiscal Year 2023-24 for Open Space Maintenance District No. 1 (Tract No. 32841, Northwoods) or Resolution 2023-32, Declaring a majority protest exists and expressing its intention to levy the Assessment for Fiscal Year 2023-24 with no increase and a reduced work scope.
Consideration to Adopt Resolution Confirming the Assessment for Fiscal Year 2023-24 Page 2 For the Meeting of May 9, 2023
2b. Majority Protest – Adopt Resolution 2023-32 if the ballot receives a 51% majority vote protest opposed, and set a Public Hearing for June 13, 2023 to consider assessment at the current level of $898.42 per parcel.
Resolution 2023-32, Declaring that a majority protest to the increased assessment exists, requesting revisions to the Engineer’s Report and declaring its intention that the assessment for Fiscal Year 2023-24 shall be levied at the current rate with no increase to the assessment, that the work scope will be reduced for Open Space Maintenance District No. 1 Annexation No. 3 (Tract No 32841, Northwoods) and setting a public hearing
FISCAL IMPACT
The funds collected from the assessment are used to offset costs incurred for maintenance of the Northwoods landscape district. The Assessment District was created without a mechanism to process annual increases tied to the Consumer Price Index (CPI) or other rate adjustment beyond those allowed per Government Code Section 53753 which requires a vote from all properties within the district. For Fiscal Year 2023-24, the Engineer’s Report projects a deficit of $24,314.62 plus prior fund balance deficit of $26,152.42 that totals to an ending fund balance shortfall of $50,467.04 for the Assessment District.
BACKGROUND
On March 14, 2023, the City Council adopted Resolution 2023-16 approving the Engineer’s Report and declaring its intention to levy and collect an increased assessment for Fiscal Year 2023-2024 for Open Space Maintenance District No. 1 (Tract No. 32841 - Northwoods), include CPI adjustments for future years, and set a Public Hearing for May 9, 2023.
The Engineer’s Report was prepared with the scope of work to include general landscape, utilities such as water and electricity, as well as tree and irrigation system maintenance. The Engineer’s report projects a $24,314.62 deficit for the Fiscal Year 2023-24 requiring an increase to the annual assessment for each parcel. The City Council authorized the intent to levy an increased assessment rate of $1,538.28 per parcel, reflecting a $639.86 or 71.2% increase per parcel.
Pursuant to the Landscaping and Lighting Act of 1972 and Article XIII D of the California Constitution, the City Council directed the City Clerk to conduct a ballot procedure for the purpose of obtaining property owner approval of the proposed assessment increase.
A ballot was mailed to every property owner within the district, and included the following:
• 2023-24 Annual Assessment increase of $639.86, with a total annual assessment rate of $1,538.28 or a 71.2% increase per parcel.
• Future year Consumer Price Index (CPI)
• Set a Public Hearing for May 9, 2023, 7:00 pm to consider all oral and written comment, and to receive and tabulate ballots.
DISCUSSION/ANALYSIS
The Engineer’s Report was prepared with the scope of work to include general landscape, utilities such as water and electricity, as well as tree and irrigation system maintenance. The Engineer’s report projects a $24,314.62 deficit for the Fiscal Year 2023-24 requiring an increase to the annual assessment for each parcel if the current service level is to be maintained. The City Council
Consideration to Adopt Resolution Confirming the Assessment for Fiscal Year 2023-24 Page 3 For the Meeting of May 9, 2023
authorized the intent to levy an increased assessment rate of $1,538.28 per parcel, reflecting a $639.86 or 71.2% increase per parcel.
The ballots will be opened and tallied at the public hearing meeting on May 9, 2023. If the ballot receives a 51% majority in favor or a tie, the annual assessment of $1,538.28 will be levied and an annual increase in the assessment can be processed in future years to correspond to the Consumer Price Index (CPI) to cover cost of maintenance, materials, labor and utilities. The CPI Index that will be used to calculate future annual increase will be the annual CPI for Los Angeles Area for the previous year or successor index as published by the Bureau of Labor Statistics as of January of the current year.
If a majority protest exists at the conclusion of the Public Hearing, the proposed increase in the annual assessment will not be processed. “A majority protest exists if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed the assessment ballots submitted, and not withdrawn, in its favor”. (Government Code 53753(e)(4).) If there is a majority protest, then the City Council will adopt Resolution 2023-32 wherein the City’s Engineer will be instructed to revise its report to reduce the scope of the work to the amount of the Assessment to the level of the previous years assessment and the City Council will set a new hearing on the assessment for June 13th, 2023. At the hearing, the City Council may assess at the current level of $898.42 per parcel.
The revised report with the lower assessment, which will be presented as the deficit assessments means the following reduction: elimination of tree trimming, as-needed irrigation, and reduced utilities. The quarterly maintenance service will remain.
As the assessment district is private property, home owners are ultimately responsible for the proper maintenance of this property. If the scope of City’s work is reduced to match the current assessment, it would be the responsibility of property owners within the district to maintain the landscaping, trees, and irrigation system on their properties in compliance with Municipal Code property maintenance requirements as well as any other requirements imposed on private property by other authorities, including by not limited to the County and State.
ENVIRONMENTAL REVIEW
This is an ongoing quarterly maintenance item and does not require environmental review.
Respectfully submitted,
Scott Wasserman
Director of Parks and Recreation
Attachments:
1 Assessment Roll for Ballots Tabulation
2 Resolution 2023-31 (In Favor)
3 Resolution 2023-32 (Opposed)
CITY OF SAN DIMAS ASSESSMENT ROLL FOR
OPEN SPACE MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 3 TRACT NO. 32841, NORTHWOODS
2023-24 Assessment Proposed Increase: $639.86 (71.2%)
Address Tract 32841
Lot No.
Assessor’s
Reference
In Favor Opposed
1793 Calle Alto 1 8395-023-002
1789 Calle Alto 2 8395-023-003
1785 Calle Alto 3 8395-023-004
1781Calle Alto 4 8395-023-005
1777 Calle Alto 5 8395-023-006
1773 Calle Alto 6 8395-023-007
1767 Calle Alto 7 8395-023-008
1765 Calle Alto 8 8395-023-009
1761 Calle Alto 9 8395-023-010
1757 Calle Alto 10 8395-023-011
1753 Calle Alto 11 8395-023-012
1749 Calle Alto 12 8395-023-013
1745 Calle Alto 13 8395-023-014
1741Calle Alto 14 8395-023-015
1737 Calle Alto 15 8395-023-016
1733 Calle Alto 16 8395-023-017
1729 Calle Alto 17 8395-023-018
1725 Calle Alto 18 8395-023-019
1721 Calle Alto 19 8395-023-020
1719 Calle Alto 20 8395-023-021
1702 Calle Alto 21 8395-023-022
1706 Calle Alto 22 8395-023-023
1710 Calle Alto 23 8395-023-024
1714 Calle Alto 24 8395-023-025
1718 Calle Alto 25 8395-023-026
1722 Calle Alto 26 8395-023-027
1726 Calle Alto 27 8395-023-028
1730 Calle Alto 28 8395-023-029
1121 Paseo Sandi 29 8395-023-030
1113 Paseo Sandi 30 8395-023-031
1105 Paseo Sandi 31 8395-023-032
1102 Paseo Sandi 32 8395-023-033
1110 Paseo Sandi 33 8395-023-034
1118 Paseo Sandi 34 8395-023-035
1780 Calle Alto 35 8395-023-036
1784 Calle Alto 36 8395-023-037
1788 Calle Alto 37 8395-023-038
1792 Calle Alto 38 8395-023-039
TOTAL VOTES
Attachment 1 Page 204
RESOLUTION 2023-31
(In Favor)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CONFIRMING THE
INCREASES IN ASSESSMENTS, THE DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 2023-2024 FOR OPEN SPACE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 3 (TRACT NO. 32841, NORTHWOODS)
WHEREAS, The City Council of the City of San Dimas, County of Los Angeles, formed Open Space Maintenance District No. 1, Annexation No. 3, pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972, by adopting Resolution No. 78-38; and WHEREAS, by Resolution No. 2023-16, adopted on March 14, 2023, the City Council approved the Engineer’s Report which indicates the amount of the proposed assessments for the fiscal year 2023-2024, the district boundary, the assessment zones, and detailed description of improvements; and
WHEREAS, in said Resolution No. 2023-16, the City Council did declare its intention to levy and collect increased assessments within Open Space District 1, Annexation No. 3, for fiscal year 2023-2024, and include an increase in future years by the Consumer Price Index (All Urban Consumers) for the Los Angeles Area as published by the Bureau of Labor Statistics as of January of the current year; and
WHEREAS, the City Council fixed the 9th day of May, 2023, at 7:00p.m., as the date and time, and the San Dimas Council Chamber as the place for hearing any objections to the levy of the proposed assessment increase, and for the tabulation of assessment ballots; and WHEREAS, notice of said hearing has been posted and published in accordance with law; and
WHEREAS, on March 23, 2023 the City Clerk mailed notice of the assessment and the assessment ballots to property owners within Open Space Maintenance District No. 1, Annexation No. 3 pursuant to Government Code Section 53753 and Article XIIIC of the California Constitution; and
WHEREAS, the said City Council has held said hearing, has afforded all interested persons the opportunity to hear and be heard, and has considered all oral statements and all written protests made or filed by any interested person, and the City Clerk has tabulated all assessment ballots; and
WHEREAS, the City Clerk has reported that assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment do not exceed assessment ballots submitted, and not withdrawn, in its favor, weighting the ballots by the amount of assessments for each identified parcel and, therefore, a majority protest does not exist and the assessment passes.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas, does hereby resolve that:
Attachment 2 Page 205
Confirming Increases in Assessments FY 2023-24 Open Space Maintenance Page 2 District No. 1 Annexation No. 3 Tract No. 32841, Northwoods – In Favor Resolution 2023-31
May 9, 2023
SECTION 1. The recitals herein are true and correct.
SECTION 2. The City Council hereby confirms that a majority protest to the increased assessments and future increases does not exist and, therefore, the assessments are confirmed.
SECTION 3. The assessments, as shown in the Engineer’s Report, a copy of which is attached hereto, are approved, and the adoption of this resolution constitutes the levy of said assessments for fiscal year 2023-2024, including approval of an increase in future years by the Consumer Price Index for the Los Angeles Area as published by the Bureau of Labor Statistics as of January of the current year or a successor index.
SECTION 4. The City Clerk of the City of San Dimas is hereby authorized and directed to file a certified copy of the diagram and assessments with the County Auditor of the County of Los Angeles no later than the 1st day August, 2023.
SECTION 5. The City Council hereby orders the annual maintenance program work as set forth in said resolution of intention and Engineer’s Report to be done.
PASSED, APPROVED AND ADOPTED this 9th day of May, 2023. _____________________________________
Emmett G. Badar, Mayor
ATTEST:
_____________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2023-31 was adopted by the City Council of San Dimas at its regular meeting of May 9, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Debra Black, City Clerk
CITY OF SAN DIMAS
OPEN SPACE MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 3 (TRACT NO. 32841, NORTHWOODS DEVELOPMENT)
ENGINEER'S REPORT
FISCAL YEAR 2023-2024
SECTION 1 AUTHORITY FOR REPORT
This report is prepared pursuant to the order of the City Council of the City of San Dimas, and in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, and Article XIII D of the California Constitution.
SECTION 2 THE IMPROVEMENTS
The improvements consist of an irrigation system and landscaping of easements withinTract No. 32841, which was required to be installed by the developer and accepted for maintenance by the City. The plans and specifications forthe landscaping are in conformance withthe requirements ofthe conditions of approval ofsaid Tract No. 32841, and City Standards. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of this report, and are on file in the office of the City Engineer.
SECTION 3 DIAGRAM FOR THE ASSESSMENT DISTRICT
A copy of the assessment diagram is on file in the office of the City Engineer.
SECTION 4 ESTIMATE OF COSTS OF THE IMPROVEMENTS
The cost of the initial landscaping of Tract No. 32841 was borne by the subdivider; therefore, all assessments relate to maintenance only.
Direct Maintenance Costs:
General Maintenance (bv Contract) $20,441.62
Utilities - Electrical $985.00
Utilities - Water $30,028.00
Tree Trimming $5,000.00
New Planting $0.00
Irrigation Repairs or Upgrades $2,000.00
Total of Direct Maintenance Costs:
CURRENT ASSESSMENT:
SHORTFALL
2023-2024 ANNUAL ASSESSMENT:
2023-2024 DEFICIT
Prior Fund Balance
Ending Fund Balance
$58,454.62
$34,140.00 ($898.42/parcel)
$24,314.62 ($639.86/parcel)
$58,454.62 ($1,538.28/parcel)
0 <$26,152.42>
<$26,152.42>
Note: The costs aforementioned exceed the allowable current assessment by $24,314.62. An increase in assessment is required pursuant to the Lighting and Landscape Act of 1972 and Article XIIID of the California Constitution to eliminate the shortfall.
The maximum authorized assessment rate for the 2023-2024 Fiscal Year is increased by 71.2% which equates to an annual assessment of $58,454.62 ($1,538.28/parcel). The annual increase per parcel is $639.86.
SECTION 5 ASSESSMENT
The following information regarding assessments to individual lots for the 2023-2024 Fiscal Year is contained herein and is to be levied on July 1, 2023. The net amount estimated to be assessed upon the assessable lands within the district is $58,454.62, which is apportioned to all assessable lotsshown on the attached Assessment Roll.
The landscape district was developed for the benefit and enjoyment of all properties included within the assessment district boundaries, and all parcels benefit equally from the improvements.
Respectfully submitted,
Shari Garwick
Director of Public Works
CITY OF SAN DIMAS ASSESSMENT ROLL FOR
OPEN SPACE MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 3 TRACT 32841 – NORTHWOODS DEVELOPMENT
ADDRESS
LOT NO. ASSESSOR'S
REFERENCE
2022-2023
ASSESSMENT
2023-2024
ASSESSMENT
INCREASE
TOTAL
2023-2024
ASSESSMENT
1793 Calle Alto 1 8395-023-002 898.42 639.86 1,538.28
1789 Calle Alto 2 8395-023-003 898.42 639.86 1,538.28
1785 Calle Alto 3 8395-023-004 898.42 639.86 1,538.28
1781Calle Alto 4 8395-023-005 898.42 639.86 1,538.28
1777 Calle Alto 5 8395-023-006 898.42 639.86 1,538.28
1773 Calle Alto 6 8395-023-007 898.42 639.86 1,538.28
1767 Calle Alto 7 8395-023-008 898.42 639.86 1,538.28
1765 Calle Alto 8 8395-023-009 898.42 639.86 1,538.28
1761 Calle Alto 9 8395-023-010 898.42 639.86 1,538.28
1757 Calle Alto 10 8395-023-011 898.42 639.86 1,538.28
1753 Calle Alto 11 8395-023-012 898.42 639.86 1,538.28
1749 Calle Alto 12 8395-023-013 898.42 639.86 1,538.28
1745 Calle Alto 13 8395-023-014 898.42 639.86 1,538.28
1741Calle Alto 14 8395-023-015 898.42 639.86 1,538.28
1737 Calle Alto 15 8395-023-016 898.42 639.86 1,538.28
1733 Calle Alto 16 8395-023-017 898.42 639.86 1,538.28
1729 Calle Alto 17 8395-023-018 898.42 639.86 1,538.28
1725 Calle Alto 18 8395-023-019 898.42 639.86 1,538.28
1721 Calle Alto 19 8395-023-020 898.42 639.86 1,538.28
1719 Calle Alto 20 8395-023-021 898.42 639.86 1,538.28
1702 Calle Alto 21 8395-023-022 898.42 639.86 1,538.28
1706 Calle Alto 22 8395-023-023 898.42 639.86 1,538.28
1710 Calle Alto 23 8395-023-024 898.42 639.86 1,538.28
1714 Calle Alto 24 8395-023-025 898.42 639.86 1,538.28
1718 Calle Alto 25 8395-023-026 898.42 639.86 1,538.28
1722 Calle Alto 26 8395-023-027 898.42 639.86 1,538.28
1726 Calle Alto 27 8395-023-028 898.42 639.86 1,538.28
1730 Calle Alto 28 8395-023-029 898.42 639.86 1,538.28
1121 Paseo Sandi 29 8395-023-030 898.42 639.86 1,538.28 1113 Paseo Sandi 30 8395-023-031 898.42 639.86 1,538.28 1105 Paseo Sandi 31 8395-023-032 898.42 639.86 1,538.28 1102 Paseo Sandi 32 8395-023-033 898.42 639.86 1,538.28 1110 Paseo Sandi 33 8395-023-034 898.42 639.86 1,538.28 1118 Paseo Sandi 34 8395-023-035 898.42 639.86 1,538.28 1780 Calle Alto 35 8395-023-036 898.42 639.86 1,538.28
1784 Calle Alto 36 8395-023-037 898.42 639.86 1,538.28
1788 Calle Alto 37 8395-023-038 898.42 639.86 1,538.28
1792 Calle Alto 38 8395-023-039 898.42 639.86 1,538.28
34,139.96 24,314.68 58,454.62
OPEN SPACE MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 3 (TRACT 32841, NORTHWOODS DEVELOPMENT)
:t AVENID6.
ASSZ3.SC 'S -
1 "-
RESOLUTION 2023-32
(Opposed)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DECLARING THAT A
MAJORITY PROTEST TO THE INCREASED ASSESSMENT EXISTS,
REQUESTING REVISIONS TO THE ENGINEER’S REPORT AND DECLARING ITS INTENTION THAT THE ASSESSMENT FOR FISCAL YEAR 2023-2024 SHALL
BE LEVIED AT THE CURRENT RATE WITH NO INCREASE TO THE
ASSESSMENT, THAT THE WORK SCOPE WILL BE REDUCED FOR OPEN SPACE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 3 (TRACT NO. 32841, NORTHWOODS) AND SETTING A PUBLIC HEARING
WHEREAS, The City Council of the City of San Dimas, County of Los Angeles, formed Open Space Maintenance District No. 1, Annexation No. 3, pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972, by adopting Resolution No. 78-38; and WHEREAS, by Resolution No. 2023-16, adopted on March 14, 2023, the City Council approved the Engineer’s Report which indicates the amount of the proposed increased assessments for the fiscal year 2023-2024 and future years, the district boundary, the assessment zones, and detailed description of improvements for the District; and WHEREAS, in said Resolution No. 2023-16, the City Council did declare its intention to levy and collect assessments within Open Space District 1, Annexation No. 3, for fiscal year 2023-2024, and fixed the 13th day of June, 2023, at 7:00p.m., as the date and time, and the San Dimas Council Chamber as the place for hearing any objections to the levy of the proposed assessment increase, and for the tabulation of assessment ballots; and WHEREAS, notice of said hearing has been posted and published in accordance with law; and
WHEREAS, on March 23, 2023 the City Clerk mailed notice of the assessment and the assessment ballots to property owners within Open Space Maintenance District No. 1, Annexation No. 3 pursuant to Government Code Section 53753 and Article XIIIC of the California Constitution; and
WHEREAS, the said City Council has held said hearing, has afforded all interested persons the opportunity to hear and be heard, and has considered all oral statements and all written protests made or filed by any interested person, and the City Clerk has tabulated all assessment ballots; and
WHEREAS, the City Clerk has reported that assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed assessment ballots submitted, and not withdrawn, in its favor, weighting the ballots by the amount of assessments for each identified parcel and, therefore, a majority protest does exist and the assessment increase fails; and
WHEREAS, the City Council has requested that the City Engineer revise the Engineers Report to levy the assessments at the current rate without increases and to reduce the scope of work (“Revised Engineer’s Report”): and
Attachment 3 Page 211
Declaring Majority Protest to Increased Assessment Open Space Maintenance Page 2 District No. 1 Annexation No. 3 Tract No. 32841 Northwoods - Opposed Resolution 2023-32
May 9, 2023
WHEREAS, the Revised Engineer’s Report will provide for reduced service and will be presented at the public hearing on this matter; and
WHEREAS, the City Council desires to levy and collect an assessment with no increase for fiscal year 2023-24 with reduction of the work scope in the District as of July 1, 2024, to match what the current assessment can pay for.
WHEREAS, the City Council proposes to levy and collect an assessment increase as provided for by the Landscape and Lighting Act of 1972 and Article XIIID of the California Constitution; and
WHEREAS, the assessment and preliminary reduced scope which will be part of the Revised Engineer’s Report, have been preliminarily presented to and approved by the City Council of the City of San Dimas and provide for no increase in the levied assessment; with the final scope of work to be in the Revised Engineer’s Report to be presented at the public hearing, and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas, does hereby resolve that:
SECTION 1. The City Council hereby incorporates the above recitals herein as findings by the City Council.
SECTION 2. The City Council hereby declares that no increase shall be levied and the current rate shall be collected for fiscal year 2023-24 assessment.
SECTION 3. The City Council hereby preliminarily approves the Revised Engineer’s Report with the removal of any additional work over and above what the current assessment can pay for to provide service in the Open Space Maintenance District No. 1, Annexation No.
3. The Revised Engineer’s report describes the improvements, the boundaries and the proposed assessments. The scope of the maintenance work includes the maintenance and restoration of landscaping improvements, including irrigation, pruning, pest control, fertilization, weed control, drainage system, major tree trimming, and miscellaneous related work within said district.
SECTION 4. That the 13th, of June, 2023, at the hour of 7:00 p.m., in the San Dimas City Council Chambers, 245 East Bonita Avenue, San Dimas, California, is hereby set as the Public Hearing where any and all persons having any comments or objection to the levy of the proposed assessment may appear be heard. The assessment is not increasing over the current year assessment.
SECTION 5. That the City Clerk or his/her designee is authorized to post and publish notices of the hearing in accordance with the Act and the law.
Declaring Majority Protest to Increased Assessment Open Space Maintenance Page 3 District No. 1 Annexation No. 3 Tract No. 32841 Northwoods - Opposed Resolution 2023-32
May 9, 2023
PASSED, APPROVED AND ADOPTED this 9th day of May, 2023. _____________________________________
Emmett G. Badar, Mayor
ATTEST:
_____________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2023-32 was adopted by the City Council of San Dimas at its regular meeting of May 9, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Debra Black, City Clerk
April 25, 2023
VIA EMAIL
Mr. Chris Constantin
City Manager
City of San Dimas
245 E Bonita Ave
San Dimas CA 91773
Email: [email protected]
Re: Cienega Valley Estates
Dear Mr. Constantin,
We represent Cienega Valley Estates (“Park”) in regard to its decision to open the park to residents of all ages.
At its March 28, 2023, meeting, and following comments from some residents of the Park, the City Council expressed an interest in exploring whether and how the Park might voluntarily abandon its plan and remain exclusively for “older persons.” Some Council members even raised the specter of enacting a zoning ordinance purporting to prohibit the Park’s conversion to an “all ages” park, as the City of Antioch has done. The purpose of this letter is to clarify the circumstances surrounding the Park’s decision, highlight the substantial benefits of that decision, and explain how an ordinance prohibiting conversion to an “all ages” park would be unconstitutional, represent bad housing policy, and compel the Park to challenge it in Court.
Background
The Park has a set of Rules and Regulations (“Rules”) that all residents who signed a lease expressly agreed to. I am told you have a copy of those Rules, for distribution to Council members if necessary.
The Rules describe the Park as a “community for ‘older persons,” in which “at least one resident of each homesite must be at least 55 years of age of older” and “other residents of the homesite must be at least 40 years of age or older.” However, the Rules make clear the Park could, in the future, become more inclusive and be converted to an “all ages” community:
“Owner reserves the right to amend the rules and regulations at any future time for purposes of converting to an ‘all age’ community.
Paul Beard II
Partner
[email protected]
Direct: 818-216-3988
4470 W. Sunset Blvd., Suite 93165
Los Angeles, CA 90027
www.FisherBroyles.com
April 25, 2023
Owner does not represent or promise that the Community will always be, remain, or operate as ‘housing for older persons.’ Purchasing a manufactured home should not be made in reliance on any belief that the Owner will not change or abandon this regulation during the course of tenancy.”
In executing their leases, every current resident expressly agreed to the Rules, including the aforementioned provision establishing that the Park could one day convert to an “all ages” community. And every current residence expressly agreed that, in moving to the Park, he or she did not rely on any contrary belief or assumption:
It is worth nothing that Antioch’s 2019 ordinance prohibiting the conversion of parks from senior-only to all-ages housing was enacted under entirely different circumstances. As Antioch’s ordinance itself states:
Unlike the Park’s leases, the leases at issue in Antioch did not contain any provision advising new residents that the parks could become inclusive and convert to an “all ages”
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community. Thus, by enacting the ordinance, Antioch did not interfere with existing contracts between residents and park owners.
Dispelling the Myths Surrounding, and Identifying the Benefits of, Converting the Park to an “All Ages” Community
It is important to dispel some of the myths surrounding conversion to an “all ages” park, and clarify why the fears and concerns of some fail to account for certain undisputed facts about the Park and how it is operated:
The Park enforces stringent criteria and high standards with respect to who it allows to live there. Minimum income and high FICO requirements, as well as criminal background checks, help weed out all but the very best residents. The Park is committed to enforcing all Rules, which every new resident must accept upon moving to the community. Importantly, section 3 of the Rules prohibits “substantially annoying behavior,” including (without limitation): “frequent late night and early morning social ... gatherings,” “frequent loud music,” “frequent open consumption of intoxicants and/or drunken disorderly behavior,” “unsafe driving,” “loud motor vehicle noises,” “lewd or obscene behavior,” “disturbing the peace,” “uttering of profanity,” and “odors or second-hand smoke any of kind.” The Park can—and will—“terminate a homeowner’s tenancy due to conduct upon the Community premises by the homeowner or residents which constitutes a substantial annoyance to the other Community residents.” The Park’s owner and management take this extremely seriously—and will continue to do so, as the Park converts to an “all ages” community. Management is accessible on a 24/7 basis and is equipped to deal with unruly residents, whatever their age.
In the Park management’s experience over the last five years, grandchildren have visited current residents on a regular basis. Not once has a resident complained about a visiting grandchild.
The reality is that the opening of the Park to all ages will only result in a very gradual change in demographics. Hundreds of children will not arrive overnight.
Indeed, one of the owner’s parks (Rancho San Jose) converted to an “all ages” park nearly 30 years ago and, to date, is home to only eight children. While it is impossible to predict with 100% accuracy, based on decades of experience in the mobile home park industry, the Park owner expects that most new non-senior residents will be in their 30s and 40s, and without children.
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Needless to say, the Park would remain open to seniors—to all qualifying applicants—and no current senior resident would be evicted because of the conversion.
On the other hand, the Park’s decision to open its community to residents of all ages will confer important benefits to existing residents, as well as the City. Here are some of those benefits:
Having younger residents has its own unique rewards: They can assist the older residents in times of emergency and as otherwise needed. Opening the Park to all ages increases the value of current residents’ homes and enhances opportunities. Residents will be able to sell their homes to any resident (who otherwise meets the Park’s stringent criteria), thereby increasing the pool of potential buyers, the potential sale price of their homes, and the speed at which they are sold. Further, residents’ heirs will see their options dramatically expand, as they decide whether to move into inherited homes or sell them to a broader market of buyers.
Opening the Park to all ages allows aging owners to have their children or grandchildren (including those under 40 years of age) live with them, to assist with their daily needs.
As for the City, opening up the Park will make housing more affordable to a broader range of the City’s constituents, including college graduates returning to their native City to begin their careers and young families who cannot afford to buy a single-family home. At the last meeting, Mayor Pro Tem Ebiner rightly observed that it is “important to do what we can to have affordable housing for families” in the City.
The Inadvisability of an Ordinance
Prohibiting Conversion to an “All Ages” Park
At the March 28 meeting, the possibility of the City’s enacting a zoning ordinance—along the lines of what Antioch enacted in 2019—was discussed. Such an ordinance would purport to stop the Park to opening its property to residents of all ages and preserve it—indefinitely—as a
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senior park. That would be a misguided effort in violation of the Park’s fundamental constitutional rights and would lead inevitably to costly litigation.
A. Violation of Contracts Clause
Such an ordinance would violate the Contracts Clause of the Federal Constitution. The Contracts Clause prohibits state and local governments from passing “any . . . Law impairing the Obligation of Contracts.” U.S. Const., Art. I, §10, cl. 1. Whether a law substantially impairs a contract depends upon “the extent to which the law undermines the contractual bargain, interferes with a party’s reasonable expectations, and prevents the party from safeguarding or reinstating his rights.” Sveen v. Melin, 138 S. Ct. 1815, 1822 (2018).
First, courts consider whether the law “operate[s] as a substantial impairment of a contractual relationship.” Allied Structural Steel Co. v. Spannaus, 438 U.S. 234, 244 (1978). In answering that question, courts look to “the extent to which the law undermines the contractual bargain, interferes with a party’s reasonable expectations, and prevents the party from safeguarding or reinstating his rights.” Sveen, 138 S. Ct. at 1822. Second, courts evaluate “whether the [challenged] law is drawn in an ‘appropriate’ and ‘reasonable’ way to advance ‘a significant and legitimate public purpose.’” Sveen, 138 S. Ct. at 1822 (quoting Energy Reserves Group, Inc. v. Kansas Power & Light Co., 459 U.S. 400, 411-412 (1983)).
An ordinance interfering with the Park’s contractual right—agreed to by all residents—to convert the Park to an “all ages” community would run head-long into the Contracts Clause. It would upset the parties’ reasonable expectations as reflected in all leases. Further, a law forcing the Park to discriminate against families and young people would not advance a significant or legitimate public purpose; indeed, it contravenes the spirit of state and federal housing laws and policies, and only exacerbates California’s affordable-housing crisis. It would be bad policy.
B. Violation of Right to Alienate
The “right to alienate one’s property” is a “fundamental” property right. “The power to alienate property or a property right is not limited to the right to sell or assign it,” but includes “the power or right to dispose of property held in fee . . . by lease, mortgage, or other mode of conveyance.” Apartment Assn. of Los Angeles County, Inc. v. City of Los Angeles, 24 Cal. 4th 830, 840-41 (2001). Unreasonable restraints on alienation violate both Civil Code section 711 and the Takings Clause of the Fifth Amendment to the United States Constitution.
Section 711 provides that “[c]onditions restraining alienation, when repugnant to the interest created, are void.” In Schmidt v. Superior Court (1987) 43 Cal. 3d 1060, the Supreme Court suggested that a law that purposely and directly—not just incidentally—prohibits the sale
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or rent of real property to younger people or families with children violates section 711. See also Wellenkamp v. Bank of America (1978) 21 Cal. 3d 943 (describing statutory right of alienation).
That is precisely what the discussed ordinance would do: It would purposely and directly prohibit the sale of homes and the leasing of spaces to younger people or families with children. It would also run afoul of the federal prohibition against takings without compensation by substantially curtailing the Park’s right to alienate—one of the “bundle of rights” constituting property rights.
U.S. Const., amends. V, XIV; see also Apartment Assn., 24 Cal. 4th at 840.
In sum, an ordinance interfering the Park’s conversion to an “all ages” community would violate the Park’s constitutional and statutory rights against unreasonable alienation. And it would run afoul of consenting residents’ right to alienate their homes to qualified buyers of their choosing.
The City should not pursue any legal effort to interfere with the Parks’ and residents’ rights.
Conclusion
We hope this letter has addressed the City Council’s concerns and makes clear that pursuing legislative action against the Park would be unlawful and counter-productive, especially as the “accord” negotiated by the Park, its residents, and the City is due for extension. The Council can rest assured that, as the Park transitions to an “all ages” community, the Park will remain fully committed to maintaining the absolute best mobile home park in the City, including for existing residents. If you have any questions, please do not hesitate to reach out to me or the Park’s management.
Very truly yours,
Paul J. Beard II
Counsel for Cienega Valley Estates
Cc: Allan G. Alt, CPM, President, Synergised Properties, Inc.