The recommended mid-year General Fund adjustments primarily address labor attorney costs and the Emergency Operations Event. Additional funds are needed for extended bargaining unit negotiations, investigations, and hearings. Following the 2025 Windstorms/Fires Emergency Event, staff is also requesting increases across various funds to cover costs related to personnel overtime, debris removal contracted services, and supply expenses over the course of the incident. The General Fund adjustment is $60,000, with total emergency costs estimated at $70,000. Details are in Exhibit "A" of Attachment "A."
Expenditure Category Adjustment
Labor Attorney – Negotiations & Administrative Investigations $ 340,000 Emergency Operations: 2025 Windstorms/Fires 60,000
City Council Team Development Facilitation 10,000
Total Additional General Fund Expenditure Adjustments: $ 410,000 The mid-year adjustments result in a total budget increase of $872,571 with a net budget deficit of $863,055 in the General Fund, which is due primarily to prior year carryovers. As previously mentioned carryovers are items that were approved and budgeted in prior fiscal years, but items were not received before the close of the fiscal year in June. As a result, the funds budgeted for those items were not expended and, therefore, added to the General Fund reserve.
Consequently, those funds must be re-budgeted from the General Fund reserve in the current fiscal year. The General Fund maintains adequate reserves to cover the additional appropriations.
Fund 2024-2025
Adjusted Budget
2024-2025
Mid-Year Rec.
2024-2025
Mid-Year Total
Revenues $ 28,055,808 $ 0 $ 28,055,808
Expenditures $ 28,508,863 $ 410,000 $ 28,918,863
Surplus/(Deficit) $ (453,055) $ (863,055)
GF Reserve (6/30/23) $ 10,282,877
GF Reserve (6/30/24) $ 10,988,667
Estimated GF Reserve (6/30/25) $ 10,125,612
Other Funds.
In addition to adjustments in the General Fund, the Self Insurance Fund is also being recommended for mid-year adjustments. Proposed increases in revenues of $650,000 due to investment income and cost recovery measures. The additional revenue adjustment will be used to offset increased expenditures of $650,000 for increased premiums and claims (workers compensation and liability). Operating Grants are also being increased by $3,000 to account for an evidence shed purchase needed for the drug disposal program utilizing opioid settlement fuds.
Other funds, such as Water, Sewer, OPEB Trust, Prop A, Prop C, State Gas Tax are being corrected to align with recurring journal entries.
March 3, 2025 Special & Regular CC Mtg Page 143 of 462
Consideration to Receive and File the Mid-Year Budget Review for Fiscal Year 2024-2025; and Adopt a Resolution Approving the Mid-Year Proposed Budget
Fiscal Year 2025-2026 Budget Outlook.
In order to meet the budget adoption deadline and give City Council and the public sufficient time to review and consider the City Manager’s Proposed Budget, staff begins making preparations for the budget process in January each year. Preparations include initial revenue projections, providing direction to Departments regarding budget guidelines and expectations (e.g., reductions in Operations and Maintenance budgets, Maintenance of Effort budgets, funded enhancement requests only, etc.), and planning the budget calendar to get input from City Council. To facilitate an efficient budget process, staff has developed a proposed calendar of events for the FY 2025-2026 budget process. The purpose of a budget calendar is to provide all parties involved with deadlines for submitting data and budget requests and provide the community opportunities to provide input. A summary of some of the important dates, including the budget study session(s) and budget adoption, are as follows:
Monday, February 24, 2025
• City Council Special Study Session to discuss Citywide Strategic Goals and set City Council Priorities for FY 2025-2026
Monday, March 24, 2025
• Local Transaction Tax Town Hall Meeting
Tuesday, March 25, 2025
• Education Commission Budget Outreach
Thursday, April 3, 2025
• Transportation & Public Safety Commission Budget Outreach Thursday, April 10, 2025
• Parks, Wellness & Recreation Commission Budget Outreach Monday, April 14, 2025
• Planning & Preservation Commission Budget Outreach
Monday, May 5, 2025
• Distribute FY 2025-2026 Proposed Budget Book to City Council and post to City website for public view
Wednesday, May 7, 2025
• Virtual Proposed Budget Town Hall Meeting
Monday, May 19, 2025
• Budget Study Session (Department Overview of City Manager’s Office, City Clerk, Administrative Services, Community Development, Recreation and Community Services)
Tuesday, May 27, 2025
• Special Budget Study Session (Department Overview of Police, Public Works – Operations and Capital Improvement Plan).
March 3, 2025 Special & Regular CC Mtg Page 144 of 462
Consideration to Receive and File the Mid-Year Budget Review for Fiscal Year 2024-2025; and Adopt a Resolution Approving the Mid-Year Proposed Budget
Monday, June 2, 2025
• Budget Study Session (if necessary)
Monday, June 16, 2025
• Budget Adoption
BUDGET IMPACT:
The budget adjustments as proposed reflect funding level revisions needed during the normal course of business in any fiscal year. Although the General Fund mid-year adjustments result in a net one-time budget deficit of ($863,055), the General Fund Reserves has sufficient funding to cover this shortfall.
The requested funding includes $60,000 from General Fund Reserves to cover expenses related to the 2025 Windstorms/Fires. As part of the City’s Comprehensive Financial Policies, a portion of the City’s General Fund Reserve is set aside as Contingency Funds to be used for specific circumstances to cover operations during a State or Federally declared state of emergency.
Expenditures have been tracked for reimbursement through the California Office of Emergency Services to restore the committed emergency response fund balance. While the recovery timeline is uncertain, the additional appropriation ensures budget compliance while awaiting reimbursement.
Pending authorization of the recommended mid-year adjustments, Staff projects a year-end General Fund Balance of approximately of $10.1M, which represents 37% of the City’s General Fund FY 2024-2025 operating expenditures.
CONCLUSION:
Adopting the proposed mid-year adjustments will provide staff with the budget authority to make the needed course corrections and achieve a more accurate budget for the current fiscal year and provide the basis for developing the FY 2025-2026 Budget.
ATTACHMENTS:
A. Resolution No. 8368, including:
Exhibit “A”: Summary of FY 2024-2025 Proposed Mid-year Budget Adjustments B. Preliminary FY 2025-2026 Budget Calendar
March 3, 2025 Special & Regular CC Mtg Page 145 of 462
ATTACHMENT “A”
RESOLUTION NO. 8368
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO,
CALIFORNIA, AMENDING THE ADOPTED BUDGET FOR FISCAL YEAR 2024-2025 ADOPTED ON JULY 1, 2024, FOR MID-YEAR ADJUSTMENTS WHEREAS, the City Council has received and considered the proposed adjustment to the budget for Fiscal Year 2024-2025, commencing July 1, 2024, and ending June 30, 2025; and WHEREAS, the purpose of the mid-year adjustment is to update the community on the financial condition of the City and recommend adjustments to the City’s Budget that have been identified subsequent to budget adoption; and
WHEREAS, the City Council has determined that it is necessary to adjust the expenditures and revenues of the current City budget; and
WHEREAS, an annual budget for the City of San Fernando for the Fiscal Year beginning July 1, 2024 and ending June 30, 2025, a copy of which is on file in the City Clerk’s Office, and has been adopted on July 1, 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby amends the adopted Budget to adjust the expenditures and revenues as provided in Exhibit “A”, attached hereto.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk PASSED, APPROVED, AND ADOPTED this 3rd day of March, 2025.
Mary Mendoza, Mayor of the City of
San Fernando, California
ATTEST:
Julia Fritz, City Clerk
March 3, 2025 Special & Regular CC Mtg Page 146 of 462
RES. NO. 8368
2 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 8368 which was regularly introduced and adopted by the City Council of the City of San Fernando, California, at a regular meeting thereof held on the 3rd day of March, 2025, by the following vote of the City Council:
AYES:
NAYS:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of March, 2025.
Julia Fritz, City Clerk
March 3, 2025 Special & Regular CC Mtg Page 147 of 462
GENERAL FUND
FY 2024-2025 MID-YEAR BUDGET ADJUSTMENTS
RES. NO. 8368
EXHIBIT A
GENERAL FUND
Beginning Fund Balance: 10,988,667ADOPTED GENERAL FUND REVENUES 28,055,808 REVENUE 2025 Proposed Proposed
Fund Acct. Project. Account Title Total Budget Adjustment Total Justification:
001 3795 0000 ADMINISTRATIVE OVERHEAD 1,728,419 (84,004) 1,644,415 REDUCTION TO BALANCE TO RECURRING JOURNAL ENTRY 001 3972 0000 TRNSFR FROM COPS SLESF FUND 2 150,000 50,000 200,000 INCREASE TO BALANCE TO RECURRING JOURNAL ENTRY001 3330 0000 PLANNING REVIEW 30,000 34,004 64,004 INCREASE TO BALANCE TO MID-YEAR REVENUES SUBTOTAL MID-YEAR REVENUE AMENDMENTS -TOTAL ADJUSTED GENERAL FUND REVENUES 28,055,808 ADOPTED GENERAL FUND EXPENDITURES 28,046,292
EXPENDITURE 2025 Proposed Proposed
Fund Div. Project. Acct. Account Title Total Budget Adjustment Total Justification:
PRIOR FISCAL YEAR CARRYOVERS 278,886 278,886 PER BUDGET ADOPTION RESOLUTION NO. 8318 APPROPRIATION APPROVED BY COUNCIL 183,685 183,685 PER BUDGET AMENDMENT RESOLUTION NOS. 8330 & 8353 SUBTOTAL CARRYOVERS/BUDGET AMENDMENTS 462,571
001 XXX 0825 41XX VARIOUS PERSONNEL EXPENSES - 55,000 55,000 2025 WINDSTORM/FIRES EOC 001 XXX 0825 4300 VARIOUS DEPARTMENT SUPPLIES - 1,000 1,000 2025 WINDSTORM/FIRES EOC 001 XXX 0825 4260 VARIOUS CONTRACTUAL SERVICES - 4,000 4,000 2025 WINDSTORM/FIRES EOC 001 112 0000 4270 PROFESSIONAL SERVICES 79,375 340,000 419,375 LABOR ATTNY - NEGOTIATIONS, ADMIN INVESTIGATIONS & HEARINGS 001 101 0000 4260 CONTRACTUAL SERVICES - 10,000 10,000 CITY COUNCIL TEAM DEVELOPMENT FACILITATION 001 180 0000 4127 RETIRED EMP HEALTH INS 1,500,000 (500,000) 1,000,000 APPR FUNDS TO OPEB TRUST ACCT (SECTION 115) 001 180 0000 4905 TRANSFER TO OPEB TRUST FUND - 500,000 500,000 APPR FUNDS TO OPEB TRUST ACCT (SECTION 115) 001 150 0000 41XX PERSONNEL COSTS 487,560 (90,000) 397,560 PLANNING MGR SALARY SAVINGS TO FUND CONTRACTED SERVICES 001 140 0000 4270 PROFESSIONAL SERVICES 114,696 56,000 170,696 PLANNING MGR SALARY SAVINGS TO FUND CONTRACTED SERVICES 001 150 0000 4270 PROFESSIONAL SERVICES 297,276 34,000 331,276 PLANNING MGR SALARY SAVINGS TO FUND CONTRACTED SERVICES SUBTOTAL MID-YEAR BUDGET AMENDMENTS 410,000
TOTAL ADJUSTED GENERAL FUND EXPENDITURES 28,918,863
TOTAL ADJUSTED GENERAL FUND SURPLUS(DEFICIT) (863,055)
Ending Fund Balance: 10,125,612
March 3, 2025 Special & Regular CC Mtg
INTERNAL SERVICE FUNDS
FY 2024-2025 MID-YEAR BUDGET ADJUSTMENTS
RES. NO. 8368
EXHIBIT A
SELF INSURANCE FUND
Beginning Fund Balance: 796,968
TOTAL SELF INSURANCE REVENUES 2,445,106
REVENUE 2025 Proposed Proposed
Fund Acct. Project. Account Title Total Budget Adjustment Total Justification:
006 3508 0000 NET INCR/DECR FAIR VAL INVESTMENT - 58,924 YEAR-TO-DATE INVESTMENT REVENUE 58,924006 3901 0000 MISCELLANEOUS REVENUE - 549,473 CITYWIDE CLAIMS COST RECOVERY 549,473 006 3951 0000 LIABILITY CHARGE 1,015,000 (10,324) 1,004,676 REDUCTION TO BALANCE TO RECURRING JOURNAL ENTRY Subtotal Revenue Adjustments 598,073TOTAL ADJUSTED SELF INSURANCE REVENUES 3,043,179 TOTAL SELF INSURANCE EXPENDITURES 2,393,179
EXPENDITURE 2025 Proposed Proposed
Fund Div. Project. Acct. Account Title Total Budget Adjustment Total Justification:
006 190 0000 4240 INSURANCE AND SURETY 467,343 41,985 ADDITIONAL FUNDS FOR INSURANCE PREMIUMS 509,328006 190 0000 4800 LIABILITY INSURANCE CLAIMS 250,000 259,225 ADDITIONAL FUNDS FOR INSURANCE CLAIMS 509,225 006 190 0000 4810 WORKERS COMP CLAIMS 250,000 415,144 ADDITIONAL FUNDS FOR WORKERS COMP CLAIMS 665,144006 190 0000 4830 LIABILITY INSURANCE REQUIREMENTS 1,425,836 (66,354) REDUCTION INSURANCE/STATE PREMIUMS 1,359,482 Subtotal Expenditure Adjustments 650,000TOTAL ADJUSTED SELF INSURANCE EXPENDITURES 3,043,179 TOTAL ADJUSTED SELF INSURANCE FUND SURPLUS(DEFICIT) 0
Ending Fund Balance: 796,968
March 3, 2025 Special & Regular CC Mtg
INTERNAL SERVICE FUNDS
FY 2024-2025 MID-YEAR BUDGET ADJUSTMENTS
RES. NO. 8368
EXHIBIT A
EQUIPMENT MAINTENANCE & REPLACEMENT FUND
Beginning Fund Balance: 1,097,430TOTAL FACILITY MAINTENANCE REVENUES 1,585,210 REVENUE 2025 Proposed Proposed
Fund Acct. Project. Account Title Total Budget Adjustment Total Justification:
041 3941 0311 ANNUAL EQUIP REPLACEMENT REIMB 18,075 33,855 51,930 INCREASE TO BALANCE TO RECURRING JOURNAL ENTRY041 3941 0383 ANNUAL EQUIP REPLACEMENT REIMB - 3,227 3,227 INCREASE TO BALANCE TO RECURRING JOURNAL ENTRY041 3941 0384 ANNUAL EQUIP REPLACEMENT REIMB - 3,227 3,227 INCREASE TO BALANCE TO RECURRING JOURNAL ENTRY Subtotal Revenue Adjustments 40,309TOTAL ADJUSTED EQUIPMENT MAINTENANCE REVENUES 1,625,519 TOTAL FACILITY MAINTENANCE EXPENDITURES 1,496,712
EXPENDITURE 2025 Proposed Proposed
Fund Div. Project. Acct. Account Title Total Budget Adjustment Total Justification:
NO EXPENDITURE ADJUSTMENTS - - -Subtotal Expenditure Adjustments - TOTAL ADJUSTED EQUIPMENT MAINTENANCE EXPENDITURES 1,496,712 TOTAL ADJUSTED FACILITY MAINTENANCE FUND SURPLUS(DEFICIT) 128,807 Ending Fund Balance: 1,226,237
March 3, 2025 Special & Regular CC Mtg
INTERNAL SERVICE FUNDS
FY 2024-2025 MID-YEAR BUDGET ADJUSTMENTS
RES. NO. 8368
EXHIBIT A
FACILITIES MAINTENANCE FUND
Beginning Fund Balance: 78,952TOTAL FACILITY MAINTENANCE REVENUES 1,585,210 REVENUE 2025 Proposed Proposed
Fund Acct. Project. Account Title Total Budget Adjustment Total Justification:
043 3952 0000 TRANSFER FROM SEWER 549,650 13,992 563,642 INCREASE TO BALANCE TO RECURRING JOURNAL ENTRY043 3953 0000 FACILITY MAINTENANCE CHARGE 1,605,000 (104,489) 1,500,511 DECREASE TO BALANCE TO RECURRING JOURNAL ENTRY 043 3970 0000 TRANSFER FROM GENERAL FUND - 100,000 100,000 INCREASE TO BALANCE TO RECURRING JOURNAL ENTRY Subtotal Revenue Adjustments 9,503TOTAL ADJUSTED FACILITY MAINTENANCE REVENUES 1,594,713 TOTAL FACILITY MAINTENANCE EXPENDITURES 1,496,712
EXPENDITURE 2025 Proposed Proposed
Fund Div. Project. Acct. Account Title Total Budget Adjustment Total Justification:
NO EXPENDITURE ADJUSTMENTS - - -Subtotal Expenditure Adjustments -TOTAL ADJUSTED FACILITY MAINTENANCE EXPENDITURES 1,496,712 TOTAL ADJUSTED FACILITY MAINTENANCE FUND SURPLUS(DEFICIT) 98,001 Ending Fund Balance: 176,953
March 3, 2025 Special & Regular CC Mtg
SPECIAL REVENUE FUNDS
FY 2024-2025 MID-YEAR BUDGET ADJUSTMENTS
RES. NO. 8368
EXHIBIT A
PROP A FUND
Beginning Fund Balance: 407,527
TOTAL REVENUES 662,110
REVENUE 2025 Proposed Proposed
Fund Acct. Project. Account Title Total Budget Adjustment Total Justification:
NO REVENUE ADJUSTMENTSSubtotal Revenue Adjustments -
TOTAL ADJUSTED REVENUES 662,110
TOTAL EXPENDITURES 662,110
EXPENDITURE 2025 Proposed Proposed
Fund Div. Project. Acct. Account Title Total Budget Adjustment Total Justification:
007 190 0000 4480 COST ALLOCATION 62,398 (6,027) 56,371 REDUCTION TO BALANCE TO RECURRING JOURNAL ENTRY Subtotal Expenditure Adjustments (6,027)
TOTAL ADJUSTED EXPENDITURES 656,083
TOTAL ADJUSTED PROP A FUND SURPLUS(DEFICIT) 6,027
Ending Fund Balance: 413,554
March 3, 2025 Special & Regular CC Mtg
SPECIAL REVENUE FUNDS
FY 2024-2025 MID-YEAR BUDGET ADJUSTMENTS
RES. NO. 8368
EXHIBIT A
PROP C FUND
Beginning Fund Balance: 447,782
TOTAL REVENUES 547,959
REVENUE 2025 Proposed Proposed
Fund Acct. Project. Account Title Total Budget Adjustment Total Justification:
NO REVENUE ADJUSTMENTSSubtotal Revenue Adjustments -
TOTAL ADJUSTED REVENUES 547,959
TOTAL EXPENDITURES 1,072,533
EXPENDITURE 2025 Proposed Proposed
Fund Div. Project. Acct. Account Title Total Budget Adjustment Total Justification:
008 190 0000 4480 COST ALLOCATION 18,774 (2,050) REDUCTION TO BALANCE TO RECURRING JOURNAL ENTRY 16,724 Subtotal Expenditure Adjustments (2,050)
TOTAL ADJUSTED EXPENDITURES 1,070,483
TOTAL ADJUSTED PROP C FUND SURPLUS(DEFICIT) (522,524)
Ending Fund Balance: (74,742)
March 3, 2025 Special & Regular CC Mtg
SPECIAL REVENUE FUNDS
FY 2024-2025 MID-YEAR BUDGET ADJUSTMENTS
RES. NO. 8368
EXHIBIT A
STATE GAS TAX FUND
Beginning Fund Balance: 92,444
TOTAL REVENUES 656,813
REVENUE 2025 Proposed Proposed
Fund Acct. Project. Account Title Total Budget Adjustment Total Justification:
NO REVENUE ADJUSTMENTS - - -Subtotal Revenue Adjustments - TOTAL ADJUSTED REVENUES 656,813
TOTAL EXPENDITURES 700,015
EXPENDITURE 2025 Proposed Proposed
Fund Div. Project. Acct. Account Title Total Budget Adjustment Total Justification:
011 190 0000 4480 COST ALLOCATION 27,886 (25,747) 2,139 REDUCTION TO BALANCE TO RECURRING JOURNAL ENTRY Subtotal Expenditure Adjustments (25,747)
TOTAL ADJUSTED EXPENDITURES 674,268
TOTAL ADJUSTED MEASURE R FUND SURPLUS(DEFICIT) (17,455) Ending Fund Balance: 74,989
March 3, 2025 Special & Regular CC Mtg
SPECIAL REVENUE FUNDS
FY 2024-2025 MID-YEAR BUDGET ADJUSTMENTS
RES. NO. 8368
EXHIBIT A
MEASURE W
Beginning Fund Balance: 588,398
TOTAL REVENUES 275,000
REVENUE 2025 Proposed Proposed
Fund Acct. Project. Account Title Total Budget Adjustment Total Justification:
NO REVENUE ADJUSTMENTS - - -Subtotal Revenue Adjustments - TOTAL ADJUSTED REVENUES 275,000
TOTAL EXPENDITURES 594,401
EXPENDITURE 2025 Proposed Proposed
Fund Div. Project. Acct. Account Title Total Budget Adjustment Total Justification:
023 190 0000 4480 COST ALLOCATION 12,401 (1,354) 11,047 REDUCTION TO BALANCE TO RECURRING JOURNAL ENTRY Subtotal Expenditure Adjustments (1,354)
TOTAL ADJUSTED EXPENDITURES 593,047
TOTAL ADJUSTED MEASURE W FUND SURPLUS(DEFICIT) (318,047) Ending Fund Balance: 270,351
March 3, 2025 Special & Regular CC Mtg
SPECIAL REVENUE FUNDS
FY 2024-2025 MID-YEAR BUDGET ADJUSTMENTS
RES. NO. 8368
EXHIBIT A
March 3, 2025 Special & Regular CC Mtg
SPECIAL REVENUE FUNDS
FY 2024-2025 MID-YEAR BUDGET ADJUSTMENTS
RES. NO. 8368
EXHIBIT A
March 3, 2025 Special & Regular CC Mtg
SPECIAL REVENUE FUNDS
FY 2024-2025 MID-YEAR BUDGET ADJUSTMENTS
RES. NO. 8368
EXHIBIT A
OPERATING GRANT - OPIOIDS SETTLMENT (PROJECT FUND ONLY) Beginning Fund Balance: 62,034
TOTAL REVENUES -
REVENUE 2025 Proposed Proposed
Fund Acct. Project. Account Title Total Budget Adjustment Total Justification:
NO REVENUE ADJUSTMENTS - - -Subtotal Revenue Adjustments -
TOTAL ADJUSTED REVENUES -
TOTAL EXPENDITURES 11,937
EXPENDITURE 2025 Proposed Proposed
Fund Div. Project. Acct. Account Title Total Budget Adjustment Total Justification:
023 190 0000 4480 COST ALLOCATION 11,937 5,000 16,937 ADDITION TO FUND DRUG DISPOSAL SHED Subtotal Expenditure Adjustments 5,000TOTAL ADJUSTED EXPENDITURES 16,937 TOTAL ADJUSTED OPIOIDS SETTLEMENT GRANT FUNDS (16,937)
Ending Fund Balance: 45,097
March 3, 2025 Special & Regular CC Mtg
ENTERPRISE FUNDS
FY 2024-2025 MID-YEAR BUDGET ADJUSTMENTS
RES. NO. 8368
EXHIBIT A
COMPRESSED NATURAL GAS FUND
Beginning Fund Balance: 159,497TOTAL CNG FUND REVENUES 202,750 REVENUE 2025 Proposed Proposed
Fund Acct. Proj. Account Title Total Budget Adjustment Total Justification:
NO REVENUE ADJUSTMENTSSubtotal Revenue Adjustments -
ADJUSTED CNG FUND REVENUES 202,750CNG FUND EXPENDITURES 174,348 EXPENDITURE 2025 Proposed Proposed
Fund Div. Proj. Acct. Account Title Total Budget Adjustment Total Justification:
074 320 0000 4480 COST ALLOCATION 13,863 (1,055) 12,808 REDUCTION TO BALANCE TO RECURRING JOURNAL ENTRY Subtotal Expenditure Adjustments (1,055)
ADJUSTED CNG FUND EXPENDITURES 173,293
TOTAL ADJUSTED CNG FUND SURPLUS(DEFICIT) 29,457
Ending Fund Balance: 188,954
March 3, 2025 Special & Regular CC Mtg
FISCAL YEAR 2025-2026
BUDGET CALENDAR
ADMINISTRATIVE SERVICES DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-7307 WWW.SFCITY.ORG
TIME FRAME TASK DEPARTMENT(S)
January - April 2025
Review and calculate revenue projections for General
Fund, Special Revenue Funds, Enterprise Funds and
Capital Projects Funds.
Finance
February 2025 Review/Update salary projections. Personnel, Finance February 18 &
March 3, 2025
City Council update and presentation:
FY 2023-2024 Audited Financial Statements
FY 2024-2025 Mid-year Budget
FY 2025-2026 Budget Kickoff
Administration
February 24, 2025 Special Study session to review Citywide Strategic Goals and Set City Council Priorities for FY 2025-2026
Administration,
Finance
March – May 2025
Public Engagement:
2025-2026 Citywide Community Survey
Commission Meeting Presentations
Local Transaction Tax Town Hall Meeting
Administration,
Finance
March 11, 2025
City Manager meets with Department Heads to discuss
the budget schedule and provide direction regarding
budget guidelines.
All Departments
March 12 – April 11, 2025 Departments review and complete budget forms. All Departments April 14 – 18, 2025
Preliminary review of department budget forms,
including review of enhancement and Capital
requests.
Administration,
Finance
April 21 – 24, 2025 City Manager/Finance Director meetings with Department Heads to discuss budget requests. All Departments April 25, 2025 Finalize City Manager’s recommendations. Administration, Finance
April 28 – May 2, 2025 Prepare Proposed Budget document. Administration, Finance
May 5, 2025 Provide Proposed Budget to City Council and post to the City’s website.
Administration,
Finance
May 7, 2025 2025-2026 Proposed Budget Virtual Town Hall Meeting.
Administration,
Finance
May 19, 2025
May 27, 2025
June 2, 2025 (if necessary)
Budget Study Sessions. All Departments
May/June 2025 Update Proposed Budget based on City Council direction.
Administration,
Finance
June 2, 2025 Publish Notice of Public Hearing for budget adoptions. City Clerk June 16, 2025 Budget hearing and adoption, including adopting of Gann Limit.
Administration,
Finance
June 23, 2025 Post adopted budget to the City’s Finance system. Finance July/August 2025
Produce Adopted Budget Book, distribute to City
Council, post to the City’s website, and submit for
GFOA Award.
Finance
ATTACHMENT "B"
March 3, 2025 Special & Regular CC Mtg Page 160 of 462
March 3, 2025 Special & Regular CC Mtg Page 161 of 462
This Page
Intentionally
Left Blank
March 3, 2025 Special & Regular CC Mtg Page 162 of 462
AGENDA REPORT
ADMINISTRATION DEPARTMENT 208 PARK AVENUE, SAN FERNANDO, CA 91340 (818) 898-1202 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Will Pettener, Assistant to the City Manager
Date: March 3, 2025
Subject: Consideration to Approve a Legislative Advocacy Letter from the San Fernando City Council to Los Angeles Unified School District 6 Board Member Kelly Gonez, in Support of Increasing Police Presence and Partnerships on School Campuses RECOMMENDATION:
It is recommended that the City Council:
a. Review and approve the legislative advocacy letter (Attachment “A”), urging the Los Angeles Unified School District (LAUSD) to increase police presence and partnerships on school campuses in San Fernando; and
b. Authorize the City Manager to incorporate feedback received from the City Council and distribute the letter to all parties listed.
BACKGROUND:
1. In 2020, LAUSD’s school board voted to make cuts to the District’s Los Angeles School Police Department and remove police officers from all campuses in response to the Defund the Police movement and other related civil unrest movements at the time.
2. On August 7, 2023, the City Council approved a partnership with LAUSD to enter into a non-financial Memorandum of Understanding (MOU) Education Compact (Contract No. 2185) to support students and families in San Fernando.
3. On February 3, 2025, the City Council received presentations from the Los Angeles District Attorney and the San Fernando Police Department on current law enforcement policies and crime statistics relevant to the City. The City Council requested staff to develop an advocacy letter urging LAUSD to enhance police presence on campuses and improve partnerships with law enforcement agencies.
March 3, 2025 Special & Regular CC Mtg Page 163 of 462
Consideration to Approve a Legislative Advocacy Letter from the San Fernando City Council to Los Angeles Unified School District 6 Board Member Kelly Gonez, in Support of Increasing Police Presence and Partnerships on School Campuses
ANALYSIS:
In 2020, the LAUSD Board of Director’s removed all police officers from school campuses in the district as a response to the Defund the Police movement, other civil unrest movements at the time, and the sentiment that many students were fearful of the police. While these decisions were made to address broader discussions around policing in schools, parent groups and many residents of San Fernando have expressed significant concern with these lenient policies, citing increased rates of violence, gang activity, and physical altercations on campuses.
According to LAUSD’s 2024 campus incident data report (Attachment “B”), since the 2017-18 school year, there has been a 70% increase in cases of weapons found on campus and more than a 100% increase in cases of fighting or physical aggression. This campus incident report was presented at the April 18, 2024 LAUSD School Safety and Climate Committee Meeting (full report can be found at the following weblink: April 2024 LAUSD School Safety and Climate Committee Meeting Agenda).
An important component of the Education Compact approved with LAUSD is to create a “Safe and Positive School Climate”. To address the ongoing safety concerns of the community, the City Council requested that staff draft an advocacy letter for their review that would provide notice to District 6 School Board Member Kelly Gonez, who represents the District that includes San Fernando, urging LAUSD to consider the following measures to work towards achieving this key component of our Compact:
1. Reestablish On-Campus Police Presence – Assign dedicated campus police officers to each LAUSD school in the City, and throughout the District, to deter crime, prevent violence, and foster positive relationships between students and law enforcement.
2. Enhance Community Policing and Outreach – Expand programs with the San Fernando Police Department and other law enforcement agencies to engage students, parents, and community members in conversations about safety, mental health, and conflict resolution to prevent incidents before they escalate.
The proposed letter outlines a desire to meet and collaborate directly with LAUSD leadership to find common ground and identify solutions that address the unique needs of San Fernando. The letter also provides an open invitation for Board Member Gonez to present at a City Council meeting in the near future to address the District’s current policing and campus safety policies.
March 3, 2025 Special & Regular CC Mtg Page 164 of 462
Consideration to Approve a Legislative Advocacy Letter from the San Fernando City Council to Los Angeles Unified School District 6 Board Member Kelly Gonez, in Support of Increasing Police Presence and Partnerships on School Campuses
BUDGET IMPACT:
There is no impact to the budget by approval of this legislative advocacy letter. Legislative advocacy is part of the City Manager’s Office fiscal year 2024-2025 Work Plan.
CONCLUSION:
It is recommended that the City Council approve the legislative advocacy letter, urging LAUSD to increase police presence and partnerships on school campuses in San Fernando; and authorize the City Manager to incorporate feedback received from the City Council and distribute the letter to all parties listed.
ATTACHMENTS:
A. Advocacy Letter to LAUSD in Support of Increasing Police Presence and Partnerships on School Campuses
B. 2017-2024 Campus Incident Data presented at the April 18, 2024 LAUSD School Safety and Climate Committee Meeting
March 3, 2025 Special & Regular CC Mtg Page 165 of 462
1 April 18, 2024 LAUSD School Safety and Climate Committee Meeting Agenda, weblink:
https://www.lausd.org/cms/lib/CA01000043/Centricity/Domain/1057/04-18- 24SSCAgendaPacket.pdf
CITY COUNCIL
MAYOR
MARY MENDOZA
VICE MAYOR
MARY SOLORIO
COUNCILMEMBER
JOEL FAJARDO
COUNCILMEMBER
VICTORIA GARCIA
COUNCILMEMBER
PATTY LÓPEZ
OFFICE OF THE
CITY COUNCIL
117 MACNEIL STREET
SAN FERNANDO
CALIFORNIA
91340
(818) 898-1201
WWW.SFCITY.ORG
ATTACHMENT “A”
March 3, 2025
Kelly Gonez
District 6 Board Member
Los Angeles Unified School District
333 S. Beaudry Avenue
Los Angeles, CA 90017
Re: Support for Police Presence and Partnerships on School Campuses Dear Board Member Gonez,
On behalf of the City of San Fernando, we write to express our strong support for strengthening the partnership between the Los Angeles Unified School District (LAUSD) and law enforcement agencies to enhance the safety and security of students, faculty, and staff on school campuses within our community.
As elected representatives, we recognize that schools should be a safe and nurturing environment where students can focus on their education without fear.
Recently, many members of our community have expressed concern over increased incidents of violence on school campuses within the City of San Fernando. These incidents highlight the need for a proactive approach to school safety, increasing the presence of Los Angeles School Police on school campuses, and utilizing the resources available through our law enforcement partners.
We acknowledge and appreciate the steps that were taken by LAUSD in 2024 to begin reinstituting police officers on select campuses, including at San Fernando Middle School. We believe that the expansion of this initiative, along with a more robust collaboration with law enforcement, is the most effective path forward. By welcoming greater law enforcement presence back onto our campuses, we can begin building positive relationships between students and police and provide more effective protective measures against gang and weapon-related activities.
According to LAUSD’s 2024 campus incident data report1, since the reduction in armed police officers on campuses across the District in 2017-18, there has been a 70% increase in cases of weapons found on campus and more than a 100% increase in cases of fighting or physical aggression. It is our aim to work with your administration to reverse these concerning trends.
March 3, 2025 Special & Regular CC Mtg Page 166 of 462
DISTRICT 6 BOARD MEMBER KELLY GONEZ
Support for Police Presence and Partnerships on School Campuses
In August 2023, the City entered into a Compact agreement with LAUSD that set forth a number of collaborative initiatives intended to support students and families in San Fernando. One of the pillars of that Memoriam of Understanding was to create a “Safe and Positive School Climate.”
We respectfully urge LAUSD to consider the following measures to work towards achieving this key component of our Compact:
1. Reestablish On-Campus Police Presence – Assign dedicated campus police officers to each LAUSD school in the City of San Fernando, and throughout the District, to deter crime, prevent violence, and foster positive relationships between students and law enforcement.
2. Enhance Community Policing and Outreach – Expand programs with the San Fernando Police Department and other law enforcement agencies to engage students, parents, and community members in conversations about safety, mental health, and conflict resolution to prevent incidents before they escalate.
We would welcome the opportunity to meet and collaborate with District representatives to discuss how we can collectively advance these efforts. We would also like to extend an invitation for you to attend a future City Council meeting as a guest speaker. Please let us know a convenient time for a discussion, or if there are existing initiatives where the City of San Fernando can offer support.
Thank you for your leadership and commitment to the students and families of our shared community. We look forward to your response and to working together to continue building safer and more resilient schools across the San Fernando Valley.
Sincerely,
COUNCILMEMBER ELECTRONIC SIGNATURES
Mary Mendoza
Mayor
Mary Mendoza
Vice Mayor
Joel Fajardo
Councilmember
Victoria Garcia
Councilmember
Patty López
Councilmember
March 3, 2025 Special & Regular CC Mtg Page 167 of 462
DISTRICT 6 BOARD MEMBER KELLY GONEZ
Support for Police Presence and Partnerships on School Campuses
cc: Superintendent Alberto M. Carvalho, LAUSD
Los Angeles School Board Members
San Fernando LAUSD School Principals
Martha Alvarez, Chief of Governmental Relations, LAUSD
March 3, 2025 Special & Regular CC Mtg Page 168 of 462
Suicide Risk 9,423 9,725 10,438 11,553 8,846
Fighting/Physical Aggression 2,270 2,315 2,965 4,569 4,786 Threat 1,994 1,748 2,217 3,042 3,302
Illegal/Controlled Substance 854 939 994 1,678 1,501
Weapons 705 669 994 1,197 903
Reported Incident Data
School Years 2019-20 and 2020-21 not included due to hybrid instruction.
March 3, 2025 Special & Regular CC Mtg
ATTACHMENT "B"
This Page
Intentionally
Left Blank
March 3, 2025 Special & Regular CC Mtg Page 170 of 462
March 3, 2025 Special & Regular CC Mtg Page 171 of 462
This Page
Intentionally
Left Blank
March 3, 2025 Special & Regular CC Mtg Page 172 of 462
AGENDA REPORT
ADMINISTRATION DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1222 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Erika Ramirez, Director of Community Development
Date: March 3, 2025
Subject: Consideration to Adopt a Resolution Appropriating Grant Funds from the Southern California Associations of Governments’ Regional Early Action Program
2.0 Grant, and Approve a Professional Services Agreement with Rincon Consultants Inc. to Implement the Grant Program
RECOMMENDATION:
It is recommended that the City Council:
a. Adopt Resolution No. 8369 (Attachment “A”) amending the budget for Fiscal Year (FY) 2024-2025 to appropriate the funds from the Southern California Association of Governments’ (SCAG) Regional Early Action Program (REAP) 2.0 Grant and increase the Operating Grants (Fund 110) revenues and expenditures by $1,125,000; b. Approve a Professional Services Agreement with Rincon Consultants Inc. (Attachment “B” – Contract No. 2343) in an amount not-to-exceed $1,125,000 to implement the REAP 2.0 Grant Program; and
c. Authorize the City Manager, or designee, to make non-substantive changes and execute all related documents.
BACKGROUND:
1. On July 10, 2023, the City submitted a grant application for $791,818 to SCAG under the REAP
2.0 Housing Infill on Public and Private Lands (HIPP) Program.
2. On August 30, 2023, the City submitted a grant application for $333,182 to SCAG under the REAP 2.0 Subregional Partnership (SRP) 2.0 Program.
3. On September 25, 2023, the City received a notice of conditional award of the HIPP Program.
4. On November 15, 2023, the City received notification of award of the SRP Program.
March 3, 2025 Special & Regular CC Mtg Page 173 of 462
Consideration to Adopt a Resolution Appropriating Grant Funds from the Southern California Associations of Governments’ Regional Early Action Program 2.0 Grant, and Approve a Professional Services Agreement with Rincon Consultants Inc. to Implement the Grant Program
5. On January 25, 2024, the City received a notice to stop incurring expenses due to potential REAP 2.0 funding cuts.
6. On July 29, 2024, the City was notified the REAP 2.0 program was able to resume and the City would receive its full award. The scope review and refinement process with SCAG immediately began.
7. On October 21, 2024, the City Council approved Resolution 8342 (Attachment “C”) accepting the Southern California Association of Governments’ (SCAG) Regional Early Action Program (REAP) 2.0 Grant; and authorized the City to enter into a Memorandum of Understanding (MOU) with SCAG to implement the REAP 2.0 Grant Program (Attachment “D”).
8. On October 28 2024, SCAG requested the City to conduct the procurement process to avoid delays in initiating the project.
9. On November 7, 2024, the Community Development Department issued a Call for Service to the City’s list of Approved On-Call Professional Planning Firms.
10. On December 5, 2024, the Department received two (2) proposals.
11. On January 16, 2025, the City’s selection committee held interviews with proposal teams.
ANALYSIS:
The Southern California Association of Governments (SCAG) is a Joint Powers Authority under California state law, established as an association of local governments and agencies that voluntarily convene as a forum to address regional issues. The SCAG region encompasses six (6) counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura) and 191 cities covering more than 38,000 square miles. SCAG addresses regional transportation, environmental, economic, and equity challenges, providing resources for local engagement, capacity building, and technical assistance, especially for the most impacted communities.
SCAG administers the 2021 California Regional Early Action Planning (REAP 2.0) program, established under Assembly Bill (AB) 140 to address California’s housing affordability crisis. The program’s key initiatives, the Subregional Partnership (SRP) 2.0 and Housing Infill on Public and Private Lands (HIPP), aim to accelerate housing development, improve affordability, and reduce vehicle miles traveled. SRP 2.0 focuses on infill housing, while HIPP identifies lands for affordable housing and advances land use regulations centered on equity, diversity, and inclusion.
March 3, 2025 Special & Regular CC Mtg Page 174 of 462
Consideration to Adopt a Resolution Appropriating Grant Funds from the Southern California Associations of Governments’ Regional Early Action Program 2.0 Grant, and Approve a Professional Services Agreement with Rincon Consultants Inc. to Implement the Grant Program
The City was awarded $791,818 under the HIPP program and $333,182 under the Subregional Program (SRP) for a total of $1,125,000. The programs are combined to fund a final scope of work that is authorized by a MOU between SCAG and the City. The draft MOU is included as Attachment “D”. The final MOU is currently being routed for signature. Work shall not begin until the MOU is fully executed.
The City’s final SOW, City of San Fernando Comprehensive Housing Planning Program, consists of five (5) sub-projects that were identified as programs in the City’s 2021-2029 Housing Element.
All activities are to be completed by June 30, 2026. The projects are summarized below, with a full scope of work included as Exhibit “A” to Attachment “C.” • Housing Stabilization: Develop strategies for preventing displacement and maintaining affordable housing for disadvantaged community members and establishing supportive programs for tenants and homeowners to prevent displacement and affirmatively further fair housing. This will be in the form a Community Stabilization Manual. • Historic Survey Update: Update the 2002 Historic Survey to identify eligible historic resources throughout the City to promote conversion or preservation of historic commercial buildings into housing while also promoting improvement or expansion of residential buildings to maintain quality of existing housing, neighborhoods, and health of residents, and to address overcrowding.
• Density Bonus Ordinance: Update the City’s density bonus ordinance to comply with state housing law and to establish a local density bonus ordinance with incentives encouraging affordable housing with high quality design. • Zoning Code and San Fernando Corridors Specific Plan 5 (SP-5) Update: Complete a comprehensive update to the Zoning Code and San Fernando Corridors Specific Plan 5 (SP-5) to allow residential land use in currently restricted areas, increase development capacity for housing on underutilized or vacant infill sites, streamline the review process and comply with the latest state housing laws.
• Housing Development Streamlining: Review and update the City’s development process for housing developments to ensure potential barriers that may hinder housing construction are removed and a smoother and more efficient approval process for housing projects.
Firm Selection Process.
In compliance with Chapter 2, Article IV, Section 2-840 of the San Fernando Municipal Code (SFMC), a request for qualifications (RFQ) for professional planning services was completed in 2023, to establish an approved list of On-Call Professional Planning Consulting Firms that would be valid for a 7-year term. Having a pre-approved list of professional planning firms streamlines the procurement process for individual projects because it allows the department to solicit March 3, 2025 Special & Regular CC Mtg Page 175 of 462
Consideration to Adopt a Resolution Appropriating Grant Funds from the Southern California Associations of Governments’ Regional Early Action Program 2.0 Grant, and Approve a Professional Services Agreement with Rincon Consultants Inc. to Implement the Grant Program
proposals from the listed firms as services are required. This streamlined selection process facilitates prompt project initiation. Therefore, the Call for Service was issued to the seven (7) planning firms on the City’s pre-approved list. Of the seven (7) firms, three (3) met the criteria to submit a proposal and two (2) firms submitted proposals.
The Evaluation Panel (Panel) consisted of the Director of Community Development, the Director of Recreation and Community Services, and the Deputy City Clerk/Management Analyst. After the initial review of the proposals, interviews were conducted with each of the firms’ project teams and references were contacted. Each panelist filled out an evaluation sheet taking into consideration the proposal, interview and feedback from references. The following criteria categories were used to evaluate and rank the firms:
• Qualifications and Experience (55pts)
• Response to Scope of services (25 pts)
• Cost and Schedule (10 pts)
• References (10 pts)
Based on the responses included in the proposals, performance in the oral interviews, and reference checks, the Panel is recommending the City Council select Rincon Consultants Inc., to implement the REAP 2.0 Grant Program, City of San Fernando Comprehensive Housing Planning Program.
Rincon through its proposal has demonstrated its extensive experience in housing and land use policy, zoning code reform, historic preservation and process streamlining. With more than 30 years of experience throughout the state of California and working with a diverse range of Southern California cities like West Hollywood, Culver City, West Covina, Monterey Park, and Riverside, Rincon has demonstrated its ability to provide the technical expertise in the five (5) key areas identified in San Fernando’s REAP 2.0 Scope of Work. The work products that have resulted from their work prove Rincon has the ability to work with staff to develop clear, contextual, and implementable planning documents that meet the needs of the community.
Rincon has proposed a robust community engagement plan that was drafted using the City’s Community Engagement Framework and Rincon’s Engagement Ecosystem methodology. This allows for hosting subcommittees, in-person workshops, pop-up events and surveys. Resources have been allocated to ensure bilingual materials and translation services during events. The proposed plan will be refined and brought forth to City Council for feedback before implementation. Lastly, Rincon’s experience in project managing REAP 2.0 grants will ensure all grant metrics, data collection and reporting are completed timely.
March 3, 2025 Special & Regular CC Mtg Page 176 of 462
Consideration to Adopt a Resolution Appropriating Grant Funds from the Southern California Associations of Governments’ Regional Early Action Program 2.0 Grant, and Approve a Professional Services Agreement with Rincon Consultants Inc. to Implement the Grant Program
BUDGET IMPACT:
Adoption of Resolution No. 8369 increases the Operating Grants (Fund 110) revenues and expenditures by $1,125,000 for FY 2024-2025 and provides funding to implement the SCAG REAP
2.0 Grant Program, City of San Fernando Comprehensive Housing Planning Program:
SOURCES
Fund Account Number Allocation
City of San Fernando 2.0 Housing Infill on
Public and Private Lands Pilot Program 110-3670-0574 $ 791,818.00 City of San Fernando Subregional
Partnership 2.0 Program Grant 110-3670-0572 333,182.00
SCAG Regional Early Action Program (REAP 2.0) Grant Total: $ 1,125,000.00 USES
Fund Account Number Allocation
Grant Implementation - Rincon
Consultants
110-150-0574-4270 $ 791,818.00
110-150-0572-4270 333,182.00
Comprehensive Housing Planning Program Total: $ 1,125,000.00 CONCLUSION:
It is recommended that the City Council adopt Resolution No. 8369 amending the budget for Fiscal Year (FY) 2024-2025 to appropriate the funds from the Southern California Association of Governments’ (SCAG) Regional Early Action Program (REAP) 2.0 Grant and increase the Operating Grants (Fund 110) revenues and expenditures by $1,125,000 and authorize the City Manager to make non-substantive changes and execute all related documents.
ATTACHMENTS:
A. Resolution No. 8369
B. Contract No. 2343, including
Exhibit “A”: Call for Service
Exhibit “B”: Rincon Consultants Inc. Proposal (provided digitally through weblink) C. Resolution No. 8342 including:
Exhibit “A” Scope of Work
D. Draft Contract No. 2306 - MOU
March 3, 2025 Special & Regular CC Mtg Page 177 of 462
ATTACHMENT “A”
RESOLUTION NO. 8369
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, CALIFORNIA, AMENDING THE BUDGET FOR THE FISCAL YEAR 2024-2025 ADOPTED ON JULY 1, 2024, TO ACCEPT FUNDS FROM THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS’ REGIONAL EARLY ACTION PROGRAM 2.0 GRANT TO IMPLEMENT THE CITY OF SAN FERNANDO
COMPREHENSIVE HOUSING PLANNING PROGRAM
WHEREAS, the City Council has received and considered the proposed adjustment to the budget for Fiscal Year 2024-2025, commencing July 1, 2024, and ending June 30, 2025; and WHEREAS, the City Council has determined that it is necessary to amend the revenues and expenditures of the current City budget to accept funds from the Southern California Association of Governments’ (SCAG) Regional Early Action Program (REAP 2.0) Grant in the amount of $1,125,000 to implement the City of San Fernando Comprehensive Housing Planning Program through June 30, 2025; and
WHEREAS, an annual budget for the City of San Fernando for the Fiscal Year beginning July 1, 2024 and ending June 30, 2025, a copy of which is on file in the City Clerk's Office, has been adopted on July 1, 2024.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The following adjustment is made to the City Budget:
OPERATING GRANTS (FUND 110)
Increase in Revenues $1,125,000
110-3670-0574 $791,818
110-3670-0572 $333,182
Increase in Expenditures $1,125,000
110-150-0574-4270 $791,818
110-150-0572-4270 $333,182
March 3, 2025 Special & Regular CC Mtg Page 178 of 462
RES. NO. 8369
2 SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 3rd day of March 2025.
Mary Mendoza, Mayor of the City of San
Fernando, California
ATTEST:
Julia Fritz, City Clerk
March 3, 2025 Special & Regular CC Mtg Page 179 of 462
RES. NO. 8369
3 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 8369, which was regularly introduced and adopted by the City Council of the City of San Fernando, California, at a regular meeting thereof held on the 3rd day of March, 2025, by the following vote of the City Council:
AYES:
NAYS:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of March, 2025.
Julia Fritz, City Clerk
March 3, 2025 Special & Regular CC Mtg Page 180 of 462
CONTRACT NO. 2343
2025
PROFESSIONAL SERVICES AGREEMENT
(Parties: Rincon Consultants Inc. and City of San Fernando) (Engagement: City of San Fernando Comprehensive Housing Planning Program) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 3rd day of March, 2025 (hereinafter, the “Effective Date”) by and between the CITY OF SAN FERNANDO, a municipal corporation (hereinafter, “CITY”) and RINCON CONSULTANTS INC. (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires creating a Community Stabilization Manual; updating the 2002 Historic Survey to identify eligible historic resources throughout the City; updating the City’s density bonus ordinance to comply with state housing law and to establish a local density bonus ordinance; completing a comprehensive update to the Zoning Code and Corridors Specific Plan 5 (SP-5) to allow residential land use in currently restricted areas, increase development capacity for housing on underutilized or vacant infill sites, streamline the review process and comply with the latest state housing laws and reviewing and updating the City’s development process for housing developments; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such tasks and services to CITY; and WHEREAS, the execution of this Agreement was approved by the San Fernando City Council at its Regular Meeting of March 3, 2025, under Agenda Item No. _.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 SCOPE OF WORK: Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the tasks and services described in that certain document entitled “Call for Proposals: Professional Consulting Services to Implement the City of San Fernando Comprehensive Housing Planning Reap 2.0 Program” dated November 7, 2024 (the “City RFP”); that certain proposals of CONSULTANT entitled “Proposal for Professional Consulting Services to Implement the City of San Fernando Comprehensive Housing March 3, 2025 Special & Regular CC Mtg Page 181 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
Planning REAP 2.0 Program” (hereinafter, the “CONSULTANT Proposal”). The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibits “A” and “B”, respectively. The term “Scope of Work” shall be a collective reference to the documents attached hereto as Exhibits “A” and “B”. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the CITY RFP on the one hand and the provisions of the CONSULTANT Proposal and the Supplemental Work Scope on the other hand, the provisions of the CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Supplemental Work Scope on the one hand and the CONSULTANT Proposal on the other hand, the provisions of the Supplemental Work Scope shall govern and control but only to the extent of the conflict or inconsistency and no further.
1.2 PROSECUTION OF WORK:
A. Time is of the essence for this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY’s issuance of a written notice to proceed (“Notice to Proceed”). CONSULTANT shall complete the various tasks identified in the Scope of Work within the timeframes set forth in the Scope of Work and shall complete all of the Work by or before June 30, 2026 (the “Completion Date”). CONSULTANT may submit a written request for additional time to complete the Work, which request must be submitted to the CITY no later than fifteen (15) calendar days prior to the Completion Date or any extended Completion Date granted by CITY. The written request for additional time must identify (i) what specific tasks or services remain to be completed by CONSULTANT in order to complete the Work; (ii) how much additional time CONSULTANT requires; (iii) identification of the circumstances that have caused the need for additional time, according to CONSULTANT, including, if applicable, identification of any tasks that must be completed by CITY as prerequisite to CONSULTANT being able to complete any other service or task; and (iv) what proactive steps CONSULTANT has taken up to the date of the request to mitigate the need for additional time, including, if applicable, any effort on the part of CONSULTANT to alert CITY of the need to provide information or complete certain tasks to be performed by CITY. CITY in its sole and absolute discretion may grant, deny, or conditionally grant a request for additional time, provided that no individual grant of additional time may exceed a maximum of fifteen (15) calendar days.
B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors, or agents.
March 3, 2025 Special & Regular CC Mtg Page 182 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner.
D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner.
E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees.
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with the “Fee Schedule” which is included in the CONSULTANT’s Proposal and attached as Exhibit “B” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, may not exceed the aggregate sum of ONE MILLION ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($1,125,000.00) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work are completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Services, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and March 3, 2025 Special & Regular CC Mtg Page 183 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT will deliver to CITY immediately and without delay, all materials, records, and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs, or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Erika Ramirez, Director of Community Development (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or the City Representative’s designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or the City Representative’s designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Kimiko Lizardi, Principal in Charge to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or Consultant Representative’s designee will supervise and direct the performance of the Work, using his/her best skill and attention, and will be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF WORK; CONFORMANCE WITH REQUIREMENTS: CONSULTANT agrees to work closely with CITY staff in the performance of the Services and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or his or her designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges, and agrees to the following:
A. CONSULTANT will perform all Work skillfully, consistent with and adhering to its professional standard of care, that is, the degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality;
March 3, 2025 Special & Regular CC Mtg Page 184 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Work performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative; C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state, and local laws and regulations, including the conflict of interest provisions of Government Code §1090 and the Political Reform Act (Government Code §§81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection CONSULTANT’s performance of the Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training, and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications, and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications, and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants.
Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and, notwithstanding Section 5.2(B), will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand, and agree that CITY has relied upon the foregoing representations of March 3, 2025 Special & Regular CC Mtg Page 185 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge, and experience necessary to perform the Work under the standard of care as articulated under section 2.4(A).
2.5 ASSIGNMENT: The skills, training, knowledge, and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement, or the performance of any of CONSULTANT’s duties or obligations under this Agreement, without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY. The key personnel for performance of this Agreement are as follows Erik Feldman (Principalin-Charge), Reema Shakra (Project Manager), and Hannah Mize (Assistant Project Manager).
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision.
CONSULTANT will determine the means, methods, and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services and tasks does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control.
CONSULTANT will pay all wages, salaries and other amounts due such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ March 3, 2025 Special & Regular CC Mtg Page 186 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
compensation insurance and the like. Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors performing the Work under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state, or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S. Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand, and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments, or subdivisions of CITY. CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
March 3, 2025 Special & Regular CC Mtg Page 187 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Before commencing the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: For any owned, non-owned, or hired vehicles used in connection with the performance of this Agreement, CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under March 3, 2025 Special & Regular CC Mtg Page 188 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers. Any insurance or selfinsurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers will be in excess ofCONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss.
CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands, and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is a material consideration of this Agreement. Accordingly, CONSULTANT warrants, represents, and agrees that it will furnish CITY with certificates of insurance and endorsements evidencing the coverage required under this Article on ACORD-25 or forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. Before commencing the Work, CONSULTANT shall provide CITY with all certificates of insurance and endorsements referenced herein. Upon CITY’s written request, CONSULTANT will also provide CITY with copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any amendment to the insurance requirements of this Article shall be memorialized and approved in the form of a written amendment to this March 3, 2025 Special & Regular CC Mtg Page 189 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
Agreement, signed by the Parties. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void or invalid.
IV.
INDEMNIFICATION
4.1 CITY’s elected and appointed officials, officers, employees, agents, and volunteers (hereinafter, the “ City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents, or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s negligent performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance March 3, 2025 Special & Regular CC Mtg Page 190 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of March 3, 2025 Special & Regular CC Mtg Page 191 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITYwill be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its March 3, 2025 Special & Regular CC Mtg Page 192 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; and/or (v) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT’s issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITYwithin five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
March 3, 2025 Special & Regular CC Mtg Page 193 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty, or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data.
CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
March 3, 2025 Special & Regular CC Mtg Page 194 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement.
CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., §§3789 et seq. and the California False Claims Act, Government Code §§12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
Rincon Consultants Inc.
250 East 1st Street Suite 1400
Los Angeles, CA 90012
Attn: Kimiko Lizardi, Principal
Phone: 213-788-4842
Email: [email protected]
City of San Fernando
Community Development Department
Attn: Erika Ramirez, Director of Community
Development
117 Macneil Street
San Fernando, CA 91340
Phone: (818) 898-1227
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties willfully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate, or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other independent contractors in connection with the various projects worked upon by CONSULTANT.
March 3, 2025 Special & Regular CC Mtg Page 195 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
6.8 CONFLICTS OF INTEREST:
A. CONSULTANT warrants, represents, and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
B. CONSULTANT may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONSULTANT in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code §81000 et seq.
C. CONSULTANT shall not employ any official or employee of the CITY during the Term of this Agreement or any extension term. No officer or employee of CITY shall have any financial interest in this Agreement that would violate Government Code §§1090 et seq. CONSULTANT warrants and represents that no owner, principal, partner, officer, or employee of CONSULTANT is or has been an official, officer, employee, agent, or appointee of the CITY within the twelve-month period of time immediately preceding the Effective Date. If an owner, principal, partner, officer, employee, agent, or appointee of CONSULTANT was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, CONSULTANT warrants that any such individuals did not participate in any manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONSULTANT will be required to reimburse the CITY for any sums paid to CONSULTANT.
CONSULTANT understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §1090.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
March 3, 2025 Special & Regular CC Mtg Page 196 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.16, above.
6.20 FORCE MAJEURE: The Completion Date for completing the Work may be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe March 3, 2025 Special & Regular CC Mtg Page 197 of 462
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2343
City of San Fernando Comprehensive Housing Planning Program
weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services and tasks for the period of the enforced delay when and if in the judgment of the CITY Representative such delay is justified. The CITY Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF SAN FERNANDO: RINCON CONSULTANTS INC.:
By: By:
Nick Kimball, City Manager
Name:
Date:
Title:
APPROVED AS TO FORM Date:
By:
Richard Padilla, City Attorney
Date:
March 3, 2025 Special & Regular CC Mtg Page 198 of 462
CITY COUNCIL
MAYOR
CELESTE T. RODRIGUEZ
VICE MAYOR
MARY MENDOZA
COUNCILMEMBER
JOEL FAJARDO
COUNCILMEMBER
VICTORIA GARCIA
COUNCILMEMBER
MARY SOLORIO
COMMUNITY
DEVELOPMENT
DEPARTMENT
117 MACNEIL STREET
SAN FERNANDO
CALIFORNIA
91340
(818) 898-1227
WWW.SFCITY.ORG
November 7, 2024
CALL FOR PROPOSALS: PROFESSIONAL CONSULTING SERVICES TO IMPLEMENT THE CITY OF SAN FERNANDO COMPREHENSIVE HOUSING PLANNING REAP 2.0
PROGRAM
The City of San Fernando is seeking a professional consulting firm to perform all tasks and deliverables identified in the attached Scope of Work (SOW) of the approved REAP 2.0 Program, San Fernando Comprehensive Housing Plan. The City intends to have the consultant under contract by January 6, 2025, but this date may be postponed pursuant to execution of a memorandum of understanding between SCAG and the City, which must be in place prior to work beginning.
Requirements for submittal are:
1. Firm must be on the SCAG prequalified on-call list.
2. Firm must have completed or are in the process of completing similar scope of work within the last 5 years.
Proposal requirements:
1. All project management activities shall be included in the proposal including monthly reports and invoices for submission to Southern California Association of Governments (SCAG).
2. A short description of projects of similar scope that have been performed in the last 5 years shall be listed including the exact work completed by the proposing firm, any subconsultants used and to what capacity, the City contact, budget, and timeline of the project.
3. Approach, timeline, and budget for each task in the SOP shall be detailed.
4. Proposed project staff should be identified with resume.
5. Any subconsultants shall be identified for the specific scope of work with specific staff assigned to the project with a resume.
6. Subconsultant fees shall be paid directly from selected consulted as part of the proposed budget.
7. Entire scope, including environmental review must be completed by June 30, 2026. No extensions will be granted.
8. Budget is 1,125,000.00. No additional funds will be approved or allocated towards any portion of the scope of work. Any anticipated environmental review shall identified and be included in the proposed budget.
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 199 of 462
City Planning On-Call List
SCAG REAP 2.0 Call for Service
Submission of proposal:
Three original and one electronic copy of the proposal must be submitted to the COMMUNITY DEVELOPMENT DEPARTMENT in a sealed envelope labeled “City of San Fernando Professional Consulting Services to Implement REAP 2.0” at CITY HALL, 117 Macneil Street, San Fernando, California, 91340, no later than Tuesday, December 5, 2024, at 5:00 pm. All proposals received after that time will not be accepted.
Proposal Schedule:
November 7, 2024- Release of Request for Proposals
November 12, 2025- Pre-proposal conference via Teams @ 9am November 14, 2024- Questions due from proposers by 5:00pm to Erika Ramirez at [email protected]
November 18, 2024- Responses to proposers will be emailed to all proposers December 5, 2024- Proposal due to Community Development Department.
December 5-12, 2024- Proposal evaluation
December 18 or 19th2024- Interviews with proposers (virtual) January 6, 2025-Council consideration of agreement
January 7, 2026-Anticipated Notice to Proceed for selected consultant Thank you for your attention and please feel free to contact me if you have any questions.
Sincerely,
Erika Ramirez
Director of Community Development
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 200 of 462
Subregional Partnership (SRP) 2.0 & Programs Accelerating Transformative Housing (PATH) Program:
Housing Infill on Public and Private Lands (HIPP) Program City of San Fernando (“Grantee”)
City of San Fernando Comprehensive Housing Planning Program
SCOPE OF WORK
INTRODUCTION
SCAG serves as a catalyst for a brighter future for Southern California by leading a vision to elevate the region and creating a holistic plan to achieve our unified goals. SCAG authors the roadmap for Southern California’s mobility and land use by organizing and prioritizing transportation projects across the region, and spearheading programs to meet environmental, economic and equity goals, and support jurisdictions in addressing their diverse transportation and land use needs. SCAG empowers Southern California jurisdictions and organizations to work toward regional solutions by facilitating resources and opportunities for local engagement, capacity building and technical assistance, and strategically support and invest in the region’s most impacted communities.
Programs to Accelerate Transformative Housing (PATH) Program & Subregional Partnership Program (SRP)
This project is funded by the Regional Early Action Planning Grant Program of 2021 (REAP 2.0) program, which was established as part of the 2021 California Comeback Plan under AB 140 to confront the statewide housing affordability crisis. REAP 2.0 builds on the success of REAP 2019, but expands the program focus by integrating housing and climate goals and allowing for broader planning and implementation investments to facilitate housing supply, choice, and affordability. The program is designed to implement SCAG’s Connect SoCal Plan by supporting integrated and transformative planning and implementation activities that realize the region’s mobility, land use, housing, and environmental goals. REAP 2.0 provides a $560 million investment to advance implementation of adopted regional plans by funding planning and development activities that accelerate infill housing and reductions in per capita vehicle miles traveled (VMT). Statewide REAP 2.0 is administered by the California Department of Housing and Community Development (HCD) in collaboration with the Governor’s Office of Planning and Research (OPR), the Strategic Growth Council (SGC), and the California Air Resources Board (CARB). All REAP 2.0 funds must be expended by June 30, 2026.
In mid-2023, HCD awarded SCAG a total of $231.5 million to develop programs that further REAP 2.0 objectives. All projects funded by REAP 2.0 must meet its primary objectives, which are to accelerate infill housing development, reduce VMT, increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the implementation of adopted regional and local plans to achieve these goals.
This proposal was developed under SCAG's Subregional Partnership (SRP) 2.0 and Housing Infill on Public and Private Lands (HIPP) programs, which are intended to (1) accelerate infill development that facilitates housing supply, choice, and affordability; (2) affirmatively further fair housing; and (3) reduce vehicle miles traveled.
The SRP 2.0 program focuses on implementation of the region’s housing elements with programs that accelerate infill development that facilitates housing supply, choice, and affordability.
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 201 of 462
The HIPP program supports projects that assess available infill public-owned and private-owned lands for affordable and mixed-income housing and neighborhood serving uses and developing land use regulatory initiatives for increasing residential development capacity in corridor-wide and area-wide infill areas based in justice, equity, diversity, and inclusion.
PROJECT BACKGROUND
The goal of the “City of San Fernando Comprehensive Housing Planning Program” is to provide opportunities for streamlined housing infill development on private and public lands. It is a comprehensive program consisting of five sub-projects synergistically facilitating the infill housing review and approval process. The City of San Fernando is a fully developed historic urban area with a significant number of unused or underutilized parcels in commercial corridors, presenting opportunities for redevelopment with affordable or mixed income housing and ancillary neighborhood serving businesses and supporting infrastructure. Under the parameters of SB 535, the City is considered a Disadvantaged Community with a high share of low-income residents. The City is fully surrounded by urban parcels in the City of Los Angeles (approximately 100 percent of the perimeter) that are developed with qualified urban uses.
OVERALL PROJECT OBJECTIVES
Develop strategies for preventing displacement and maintaining affordable housing for disadvantaged community members and establishing supportive programs for tenants and homeowners to prevent displacement and affirmatively further fair housing. This will be in the form a Community Stabilization Manual.
Update the 2002 Historic Survey to identify eligible historic resources throughout the City to promote conversion or preservation of historic commercial buildings into housing while also promoting improvement or expansion of residential buildings to maintain quality of existing housing, neighborhoods, and health of residents, and to address overcrowding. Update the City’s density bonus ordinance to comply with state housing law and to establish a local density bonus ordinance with incentives encouraging affordable housing and engaging residents in disadvantaged and historically underserved communities. Complete a comprehensive update to the Zoning Code and Corridors Specific Plan 5 (SP-5) to allow residential land use in currently restricted areas, increase development capacity for housing on underutilized or vacant infill sites, streamline the review process and comply with the latest state housing laws.
Review and update the City’s development process for housing developments to ensure potential barriers that may hinder housing construction are removed and a smoother and more efficient approval process for housing projects, reducing bureaucratic hurdles and delays put in place.
The Project Consultant (Consultant) shall perform the following Tasks:
TASK 1: PROJECT MANAGEMENT AND COORDINATION
Task 1.1: Project Kick Off Meeting
Within the first month from issuance of the Notice to Proceed, Consultant shall hold a virtual kickoff meeting with Project Management Team (PMT). The PMT will consist of the SCAG Project Manager and Deputy Project Manager, the Grantee Project Manager, and other relevant staff to review project vision and goals and confirm the direction of the technical approach and engagement efforts.
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 202 of 462
The kickoff meeting shall be used to review the draft Project Management Plan (PMP, Task 1.2), project scope of work, schedule, and budget; establish a schedule for the Project Management Team meetings (PMT, Task 1.3); identify potential stakeholders to engage (Task 2.1); and confirm communication protocols. Consultant shall also lead a discussion on data collection (Task 1.6).
Consultant shall provide the kickoff meeting agenda to meeting attendees at least 48 hours in advance to allow time to review and revise the agenda. Consultant shall provide meeting notes within 48 hours after the kickoff meeting to meeting attendees to ensure that next steps are documented. Consultant is responsible for preparing an agenda, presentation materials, and any handouts ahead of the kickoff meeting and making materials available to all.
Task 1.1
Deliverables
1.1.1. Project kick off meeting agenda
1.1.2. Project kick off meeting notes and list of attendees
1.1.3. Project kick off presentation and any handouts or any other relevant materials Task 1.2: Project Management Plan and Schedule
Consultant shall prepare a Project Management Plan (PMP), which will include the contact information for the key project team, the scope of work, the schedule, the budget, invoicing progress, reporting details, along with document control and QA/QC procedures. The PMP shall include deliverables and timelines. The PMP will identify system for project control, including necessary procedures for conducting the work; managing resources, communications, budget, schedule, monitoring and reporting project status and progress, document control and quality assurance/quality control. The PMP shall include safeguards for early identification of issues and their effective resolution. Upon approval by SCAG, PMP shall be the document guiding the progression on the overall effort. Consultant shall notify SCAG as swiftly as possible about any potential necessary updates to the PMP. Any proposed changes to the overall PMP must be approved by SCAG. Consultant shall deliver the PMP prior to the Kickoff Meeting.
Consultant shall develop a schedule showing all work tasks, subtasks, start dates, activity durations, product submittal dates, key project milestones, and relationships among work tasks, including critical path items. Each task and subtask deliverable shall be provided to PMT as it is completed, per the project schedule. PMT shall have a two-week review period for all deliverables. All comments, edits, suggestions, and questions from the PMT shall be submitted to Consultant and edits will be incorporated into a revised deliverable.
Task 1.2
Deliverables
1.2.1. Project management plan (PMP)
1.2.2. Project schedule
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 203 of 462
Task 1.3: Project Management Meetings
Consultant Project Manager shall conduct monthly check-in meetings with the Project Management Team (PMT) that includes the SCAG, Grantee PM and other team members as needed. The meetings shall be used to update the PMT on project progress, to identify and plan for upcoming tasks, and to anticipate any concerns or challenges. Consultant shall provide each meeting agenda at least 48 hours (about 2 days) in advance to meeting attendees to allow time to review and revise the agenda. Consultant shall provide meeting notes within 48 hours (about 2 days) after each meeting to attendees to ensure next steps are documented. Consultant shall provide presentation materials electronically to meeting attendees at least 24 hours before the meeting.
In addition, Consultant shall be available for phone check-ins with SCAG and the Grantee PM up to a time commitment of 12 hours.
Task 1.3
Deliverables
1.3.1. Meeting agendas for monthly PMT meetings
1.3.2. Meeting notes with list of attendees
1.3.3. Meeting materials, including presentations or any handouts
1.3.4. Documentation additional check-ins (up to 12 hours) Task 1.4: Monthly Invoicing and Reporting
Consultant shall prepare monthly invoices and reports in accordance with SCAG invoicing and reporting methodologies. Each report will follow a format approved by the SCAG Project Manager. Consultant shall track and report critical path activities and milestones and prepare and submit monthly progress reports to SCAG. Monthly progress reports shall detail the work performed and deliverables completed during the previous month, identify any issues encountered, and provide proposed solution(s) to address said concerns.
Each monthly progress report will at a minimum include:
Summary
Progress narrative
Description of tasks completed
Project schedule describing the percentage of each task/deliverable/milestone Summary of costs incurred per task/milestone with info on remaining funding by task Schedule and schedule tracking narrative
List of deliverable items
Management issues
Needed corrective actions
Statement of resolution of problems
30-day look ahead
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 204 of 462
Task 1.4
Deliverables
1.4.1. Monthly invoices
1.4.2. Progress reports
Task 1.5 Project Close-Out Files
At the end of the project, Consultant shall document and assemble all project deliverables and provide them in accordance with SCAG’s project close out procedures. All deliverables shall be provided in accordance with the Project Schedule.
Consultant shall document all project deliverables in an organized fashion and deliver them in an electronic format at the end of the project, along with an Excel file documenting location and completion of deliverables. Each task shall have its own folder. Within each task there shall be a folder with the name of the deliverable and the final version of each deliverable within it. Each meeting held shall have a folder including agendas, notes, and other relevant materials from that meeting. All deliverables shall be provided in accordance with the Project Schedule.
Task 1.5
Deliverables
1.5.1. Project close-out files with accompanying Excel file Task 1.6 REAP Metrics Data Collection and Reporting
Consultant shall work with the SCAG PM on selected measurable outcomes and metrics. Consultant shall collect related existing conditions from Grantee PM and report on the selected measurable outcomes and metrics pursuant to SCAG’s schedule provided at project kickoff.
Task 1.6
Deliverables
1.6.1 REAP metrics data collection and reporting
TASK 1 SUMMARY OF DELIVERABLES
Task 1.1 1.1.1. Project kick off meeting agenda
1.1.2. Project kick off meeting notes and list of attendees
1.1.3. Project kick off presentation and any handouts or any other relevant materials Task 1.2 1.2.1. Project management plan (PMP)
1.2.2. Project schedule
Task 1.3 1.3.1. Meeting agendas for monthly PMT meetings
1.3.2. Meeting notes with list of attendees
1.3.3. Meeting materials, including presentations or any handouts CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 205 of 462
1.3.4. Documentation additional check-ins (up to 12 hours) Task 1.4 1.4.1. Monthly invoices
1.4.2. Progress reports
Task 1.5 1.5.1. Project close-out files with accompanying Excel file Task 1.6 1.6.1 REAP metrics data collection and reporting TASK 2: PUBLIC OUTREACH
Task 2.1 Community Stabilization Manual
Consultant shall develop a community stabilization manual, which is to serve as a housing service directory that provides referrals for rental assistance, local affordable housing projects, senior housing, housing legal assistance, fair housing, homeownership assistance and rehabilitation in an attractive bilingual handout for distribution and posting on the City’s website. The consultant shall conduct research to gather relevant information and provide a draft document for the City’s review before finalizing the document.
The document shall be attractive, illustrative to the extent possible with English and Spanish versions. The final document should be in a format that can be printed and distributed and also posted on the website.
A word document should also be provided so the City can maintain and update the document as needed.
This aligns with the City’s Housing Element of removing government constraints by assisting lower income tenants in finding the appropriate resources. In addition, it supports establishing supportive programs for tenants and homeowners to prevent displacement and affirmatively further fair housing.
TASK 2.1
Deliverables
2.1.1 Draft Community Stabilization Manual
2.1.2 Final Community Stabilization Manual (word & PDF versions) Task 2.2 Outreach and Engagement Plan
Consultant shall design a comprehensive public outreach and engagement plan for the project objectives of updating the 2002 Historic Survey; developing citywide residential and mixed-use objective design standards; creating a local density bonus; completing a comprehensive Zoning Code and Corridors Specific Plan (SP-5) including updating the zoning maps; and conducting the appropriate associated environmental review pursuant to CEQA. The level and engagement activities should be determined based on the City’s adopted Community Engagement Framework and should align with the strategic goals of the City. The plan should include types of engagement and methods of input, dates, topics, potential stakeholders. The outreach plan will address language accessibility, culturally competent methods and materials, appropriate communications channels and technological access considerations, and mechanisms for meaningful input, follow-up and follow-through. The outreach plan shall clearly outline the timing of the stakeholder engagement and how the feedback will be utilized to inform the various project deliverables.
The outreach and engagement plan should include all proposed activities that will occur at each project phase- preliminary data gathering, public hearings and post adoption. Post adoption activities should include public facing publications and assistance with drafting language for website updates, etc.
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 206 of 462
To ensure consistency of public information about SCAG programs and funded work products, Consultant is required to notify and coordinate with SCAG Project Manager who will coordinate with SCAG’s Manager of Media & Public Affairs or a specified designee on any media inquiries or plans for proactively providing information to media outlets.
Task 2.2
Deliverables
2.2.1 Public Outreach Plan with dates, topics, and target audiences Task 2.3: Outreach Events and Summary
Consultant shall plan, develop all materials, lead, and attend between 1 and 4 public events scheduled at a variety of times and locations identified in the Public Outreach Plan within the Project Area. The outreach shall have a particular focus on accessibility and convenience for residents of disadvantaged communities (DAC) and historically disinvested communities with the highest potential for infill housing development.
To promote awareness and encourage local support, local elected officials in the project area should be invited to outreach activities. The SCAG PM shall coordinate this with the respective SCAG Government Affairs Officer.
Consultant shall develop accessible, comprehensible, and appealing outreach materials to support the outreach plan. Consultant shall develop social media posts and announcements to distribute on the city’s platforms such as social media, newsletters, webpages and e-blasts.
Consultant is also responsible for crediting SCAG as a funder of the project. All public-facing communications materials produced under this contract shall acknowledge and give credit to SCAG, whether via a logo or text. Communications materials include, but are not limited to, site signage, printed information materials, print and online publications, websites, advertisements, video, public service announcements, social media postings, events, media advisories, news releases and all other related materials. If SCAG determines that a communications material does not adequately credit SCAG’s role in funding the project, the Grantee/Consultant shall revise the communications material according to the SCAG PM’s direction.
To ensure consistency of public information about SCAG programs and funded work products, Consultant is required to notify and coordinate with SCAG PM, who will coordinate with SCAG’s Manager of Media & Public Affairs or a specified designee, on any media inquiries or plans for proactively providing information to media outlets related to encouraging participation or reporting on these engagement activities.
Task 2.3
Deliverables
2.3.1 Outreach Materials (flyers, one-sheets, posters, and presentations) with credit provided to SCAG as funder
2.3.2 Outreach Summary Memo and incorporation of feedback into final plan CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 207 of 462
TASK 2 SUMMARY OF DELIVERABLES
Task 2.1 2.1.1 Draft Community Stabilization Manual
2.1.2 Final Community Stabilization Manual (word & PDF versions) Task 2.2 2.2.1 Public Outreach Plan with dates, topics, and target audiences Task 2.3 2.3.1 Outreach Materials (flyers, one-sheets, posters, and presentations) with credit provided to SCAG as funder
2.3.2 Outreach Summary Memo and incorporation of feedback into final plan Task 3: Updating 2002 Historic Survey
The City’s Housing Element specifically included Policy 1.7: Promote the preservation and rehabilitation of identified historic residential structures/sites that are substandard or in disrepair to meet Goal 1.0 Maintain and enhance the quality of existing housing, neighborhoods, and health of residents. In addition, Policy 2.6 of Goal 2.0 Provide a range of housing types to meet community needs calls for the facilitation of adaptive reuse of historic buildings on small parcels by allowing for modified development standards where multi-family projects include the preservation of an existing historic building. Therefore, updating the survey would inform the citywide residential and mixed-use objective design standards, density bonus and update to the zoning code and SP-5 specific plan.
Task 3.1: Updating 2002 Historic Survey
Consultant shall perform a windshield survey to update the identified residential properties and identify additional eligible historic resources within commercial corridors; perform archival research and historic resource evaluations; develop Citywide Historic Context; fill in primary records (DPR 523A forms) and work with City staff including IT to create a digital database on Arches that can be maintained by the City. More information on Arches can be found here: https://www.archesproject.org/what-is-arches/.
The consultant shall develop an informational handout for the public to better understand what is required for development. This handout should be developed in English and Spanish and in a file format that can be easily uploaded to the city’s website.
Task 3.1
Deliverables
3.1.1. Draft and Final Historic Resources Survey
3.1.2. Draft and Final Citywide Historic Context
3.1.3. DPR 523A forms
3.1.4. Digital Database
3.1.5. Informational Handout
TASK 3 SUMMARY OF DELIVERABLES
Task 3.1 3.1.1. Draft and Final Historic Resources Survey
3.1.2. Draft and Final Citywide Historic Context
3.1.3. DPR 523A forms
3.1.4. Digital Database
3.1.5. Informational Handout
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 208 of 462
TASK 4: ZONING CODE AND COORIDORS SPECIFIC PLAN (SP-5) UPDATE This task is aimed at implementing the City’s Housing Element by removing governmental constraints to the development of housing. The City will review and amend its Zoning Code and Corridors Specific Plan (SP-5) to remove constraints for the development of housing by ensuring compliance with state housing law and that there are no conflicts within the code or the specific plan with the proposed citywide residential and mixed-use objective design standards and proposed density bonus ordinance, which shall include a local program. Additionally, the updates shall facilitate housing development and be aimed at clarifying processes or terms as needed. Lastly, residential types shall be evaluated to ensure a wide array of housing options can be developed in the City. Further, the City’s 2021-2029 Housing Element and the City’s Downtown Master Plan preliminary findings (will be provided upon availability) should be considered when determining updates. The City’s Official zoning map will also be updated if needed. Postupdate activities shall include implementation guide(s); development review checklists; updated application forms and training to ensure proper implementation. In addition, the City will use this work as a foundation to continue to monitor the development process and zoning regulations to identify and remove constraints to the development of housing. The technical work package developed under this task will be reviewed for approval and adoption by the Planning and Preservation Commission and City Council.
Task 4.1: Existing Conditions Analysis
Consultant shall conduct extensive research that analyzes existing conditions, including city codes, SP-5, programs, and policies. The analysis can be in the form of a vulnerabilities assessment, or otherwise as determined by the expertise of Consultant. Consultant shall evaluate the current zoning regulations, land use patterns, transportation infrastructure, housing stock, and other relevant factors that impact the development of housing in the City of San Fernando. The other components of this project such as the Historical Survey update, the residential and mixed-use objective design standards and the update to the density bonus ordinance should also be taken into consideration to ensure consistency through the zoning code and SP-5. Consultant shall also identify any challenges, gaps, or opportunities that can be addressed through this program. A comparative analysis shall also be conducted to analyze best practices from other cities of similar size in order to provide informed recommendations to City Council, staff and members of the community.
Task 4.1
Deliverables
4.1.1. Summary report of data, vulnerabilities assessment findings, and recommendations, including comparative analysis
Task 4.2: Comprehensive Zoning Code & Map Update
Consultant shall prepare a comprehensive Zoning Code update including an update to the City’s Official Zoning Map if necessary to ensure consistency, clarity and compliance is achieved throughout the zoning code to ensure the other tasks are integrated and housing development is facilitated. This includes but is not limited to reviewing definitions, developing standards, housing types, and approval processes. The City’s Official Zoning Map shall also be reviewed and updated with GIS files if needed and a copy of all shape files shall be provided to the City.
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 209 of 462
Consultant shall produce an administrative draft zoning code and map update based on information from previous tasks and feedback from initial community engagement (in PDF and Word formats) for the grantee’s review and comment. Consultant shall produce a screencheck draft zoning code and map update that includes strike-through revisions (in PDF and Word formats). From there, Consultant shall produce a public review draft that will be shared with Planning Commission/City Council/General Public (in PDF and revisions in strike-through format in Word). Once approved in public hearings, the consultant shall produce and deliver the final code and map update (in PDF and Word).
Task 4.2
Deliverables
4.2.1. Administrative Draft (in PDF and Word)
4.2.2. Screencheck Draft (in PDF and revisions in strike-through format in Word)
4.2.3. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.2.4. Final Document (PDF and Word)
4.2.5. Zoning Map shape files to City
Task 4.3: Corridors Specific Plan (SP-5) Update
Consultant shall prepare a comprehensive update to SP-5 including the land use maps and use chart if necessary to ensure consistency, clarity and compliance is achieved as well as alignment with the City’s Zoning Code and Official Zoning Map. This shall ensure the other tasks are integrated and housing development is facilitated. Any maps created shall be updated with GIS files and a copy of all shape files shall be provided to the City.
Consultant shall produce an administrative draft specific plan update based on information from previous tasks and feedback from initial community engagement (in PDF and Word formats) for the grantee’s review and comment. Consultant shall produce a screencheck draft specific plan update that includes strike-through revisions (in PDF and Word formats). From there, Consultant shall produce a public review draft that will be shared with Planning Commission/City Council/General Public (in PDF and revisions in strike-through format in Word). Once approved in public hearings, the consultant shall produce and deliver the final specific plan update (in PDF and Word).
Task 4.3
Deliverables
4.3.1. Administrative Draft (in PDF and Word) provided to Grantee and SCAG
4.3.2. Screencheck Draft (in PDF and revisions in strike-through format in Word) provided to Grantee and SCAG
4.3.3. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.3.4. Final Document (PDF and Word working files if outside of the zoning code)
4.3.5. Map shape files to City (ESRI ArcGIS)
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 210 of 462
Task 4.4: Development Review Process Modification
Consultant shall review the City’s current development process and recommend improvements with the intent to streamline the permitting and development review processes. Recommendations should consider and align with process changes resulting from the other tasks of this project. Resources that should be provided for staff include but are not limited to an implementation guide that describes application intakes and processing, a flowchart that illustrates the steps for application processing, a development review checklist, updated Planning application forms and Building & Safety Division, if necessary, and a one-hour virtual or in-person staff training to ensure proper implementation. All resources should be provided in PDF and Word formats. Resources for the public shall include but are limited to an illustrative handout, a checklist, and content for the City’s webpage detailing the process recommendations/improvements.
Task 4.4
Deliverables
4.4.1. Memo summarizing findings and recommendations
4.4.2. Implementation guide
4.4.3. Flowchart
4.4.4. Development review checklist
4.4.5. Updated application forms
4.4.6. One hour staff training (in-person or virtual depending on grantee’s preference)
4.4.7. Associated training materials
Task 4.5 Develop Citywide Residential and Mixed Use Objective Design Standards The purpose of the Citywide Residential and Mixed-Use Objective Design Standards is to give the community, developers, staff and decision makers more certainty about what future development will look like as the City moves forward with streamlined processes to meet the State’s goals in addressing the housing crisis and the objectives of the City’s Housing Element.
The Citywide Residential and Mixed-Use Objective Design Standards are minimum site and building design requirements that shall apply to all new single-family, multi-family residential and mixed-use development projects which include 2 or more attached units in the City. Development standards such as density, building setbacks, height limits, and off-street parking requirements shall be reviewed as part of task 3.1 to ensure alignment with the proposed design standards developed as part of this project goal.
Consultant shall prepare draft objective design standards for residential development types, which will be presented in subsequent public hearings for review. It will be in collaboration with consultant as to whether the standards will be integrated into the zoning code or as a standalone document. Images shall be included whether as a guide or as part of the official document. If the objective design standards are integrated into the zoning code, there shall be an illustrative handout that includes a checklist for applicants to summarize the requirements. Once a consensus has been established, and applicable edits have been made, a final draft shall be delivered to the Grantee PM.
The project team shall attend a two-hour city tour of key projects in the City. Observations notes and photographs should be documented. Consultant shall review the existing Single Family, Multi-family CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 211 of 462
design guidelines, the mixed-use overlay, and SP-5 to determine potential guidelines or standards that should be converted into proposed objective design standards. A design guidelines assessment memo shall be provided to summarize findings and further develop the scope.
Consultant shall produce an administrative draft objective design standards document based on information from previous tasks and feedback from initial community engagement (in PDF and Word formats) for the grantee’s review and comment. Consultant shall produce a Screencheck draft objective design standards document that includes strike-through revisions (in PDF and Word formats). From there, Consultant shall produce a public review draft that will be shared with Planning Commission/City Council/General Public (in PDF and revisions in strike-through format in Word). Once approved in public hearings, the consultant shall produce and deliver the final document (in PDF and Word working files if outside of the zoning code).
Materials shall be developed such as an implementation guide, a checklist/flowchart summarizing the new standards and requirements, and a review and recommendation of process improvements and staff training.
Task 4.5
Deliverables
4.5.1. Attendance of City tour and associated observation notes and photographs
4.5.2. Design Guidelines Assessment Memo
4.5.3. Administrative Draft Objective Design Standards Document (in PDF and Word)
4.5.4. Screencheck Draft Objective Design Standards Document (in PDF and revisions in strike-through format in Word)
4.5.5. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.5.6. Final Document (PDF and Word working files if outside of the zoning code)
4.5.7. Implementation guide, checklist/flowchart, recommendation memo of process improvements and staff training
Task 4.6: Density Bonus Ordinance Update
Consultant shall prepare a draft Density Bonus Ordinance that would be state compliant, flexible and can accommodate future changes from State law and also includes local density bonus for communityfocused designs, promote larger units for families, preserving historic resources and potentially other community housing priorities as determined by the community engagement. The draft ordinance will be presented in subsequent public hearings for review. Once a consensus has been established, and applicable edits have been made, a final draft shall be delivered to the Grantee PM. Materials shall be developed such as an implementation guide, a checklist/flowchart summarizing the new ordinance and requirements, and a review and recommendation of process improvements and staff training.
Consultant shall produce a memo summarizing the existing zoning code and state laws related to density and other affordable housing incentives and a bulleted list of required changes to the zoning code to comply with state law. In addition, recommended amendments or programs in the City’s Housing Element related to density bonus or affordable housing incentives should be included as potential changes (PDF and Word).
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 212 of 462
Consultant shall produce an administrative density bonus ordinance based on information from previous tasks and feedback from initial community engagement (in PDF and Word formats) for the grantee’s review and comment. Consultant shall produce a screencheck density bonus ordinance that includes strike-through revisions (in PDF and Word formats). From there, Consultant shall produce a public review draft that will be shared with Planning Commission/City Council/General Public (in PDF and revisions in strike-through format in Word). Once approved in public hearings, the consultant shall produce and deliver the final document (in PDF and Word formats).
Task 4.6
Deliverables
4.6.1. Zoning Code & Housing Element Review (PDF and Word) –
4.6.2. Administrative Density Bonus Ordinance (in PDF and Word)
4.6.3. Screencheck Density Bonus Ordinance (in PDF and revisions in strike-through format in Word)
4.6.4. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.6.5 Final Document (PDF and in strike-through format in Word)
4.6.6 Implementation guide, checklist/flowchart, recommendation memo of process improvements and staff training
Task 4.7: CEQA Compliance
Consultant shall ensure California Environmental Quality Act (CEQA) compliance. It is anticipated that an addendum or supplemental CEQA document to the MND that was adopted in association with the City’s certified Housing Element will be required by the work described in this scope of work. Consultant shall include all tasks required for the anticipated MND. If Consultant recommends an alternative CEQA document, Consultant shall include all required tasks as part of the recommended document.
Task 4.7
Deliverables
4.7.1. Administrative Draft of MND Addendum, provided to City and SCAG
4.7.2. Final MND Addendum
Task 4.8: Planning and Preservation Commission Review
Consultant shall present the final drafts of the technical work package for adoption, including the Zoning Code and SP-5 updates (including official maps if required), citywide residential and mixed-use objective design standards, density bonus ordinance update, historical survey update if applicable, and associated environmental document to the Planning and Preservation Commission for their consideration and recommendation to the City Council. Attendance shall be either in-person or virtual based on consultation with Grantee PM and City’s preference. Consultant is responsible for authoring all staff reports, resolutions, ordinances and associated presentation materials that are required for each study session, public hearing or community presentation.
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 213 of 462
Task 4.8
Deliverables
4.8.1. Administrative draft(s) of staff report(s)
4.8.2. Final draft(s) of staff report(s)
4.8.3. Administrative draft(s) of resolution(s)
4.8.4. Final draft(s) of resolution(s)
4.8.5. Administrative draft(s) of ordinance(s)
4.8.6. Final draft(s) of ordinance(s)
4.8.7. Presentation(s) virtual or in-person attendance as preferred by the City
4.8.8. Associated materials
Task 4.9: City Council Review and Adoption
Consultant shall present the final drafts of the technical work package for adoption, including the Zoning Code and SP-5 updates (including official maps if required), citywide residential and mixed-use objective design standards, density bonus ordinance update, historical survey update if applicable, and associated environmental document to the City Council for consideration to adopt. Attendance shall be either inperson or virtual based on consultation with Grantee PM and City’s preference. Consultant is responsible for authoring all staff reports, resolutions, ordinances and associated presentation materials that are required for each study session, public hearing or community presentation.
Task 4.9
Deliverables
4.9.1. Administrative draft(s) of staff report(s)
4.9.2. Final draft(s) of staff report(s)
4.9.3. Administrative draft(s) of resolution(s)
4.9.4. Final draft(s) of resolution(s)
4.9.5. Administrative draft(s) of ordinance(s)
4.9.6. Final draft(s) of ordinance(s)
4.9.7. Presentation(s) virtual or in-person attendance as preferred by the City
4.9.8. Associated materials
TASK 4 SUMMARY OF DELIVERABLES
Task 4.1 4.1.1. Summary report of data, vulnerabilities assessment findings, and recommendations, including comparative analysis
Task 4.2 4.2.1. Administrative Draft (in PDF and Word)
4.2.2. Screencheck Draft (in PDF and revisions in strike-through format in Word)
4.2.3. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.2.4. Final Document (PDF and Word)
4.2.5. Zoning Map shape files to City
Task 4.3 4.3.1. Administrative Draft (in PDF and Word) provided to Grantee and SCAG CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 214 of 462
4.3.2. Screencheck Draft (in PDF and revisions in strike-through format in Word) provided to Grantee and SCAG
4.3.3. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.3.4. Final Document (PDF and Word working files if outside of the zoning code)
4.3.5. Map shape files to City (ESRI ArcGIS)
Task 4.4 4.4.1. Memo summarizing findings and recommendations
4.4.2. Implementation guide
4.4.3. Flowchart
4.4.4. Development review checklist
4.4.5. Updated application forms
4.4.6. One hour staff training (in-person or virtual depending on grantee’s preference)
4.4.7. Associated training materials
Task 4.5 4.5.1. Attendance of City tour and associated observation notes and photographs
4.5.2. Design Guidelines Assessment Memo
4.5.3. Administrative Draft Objective Design Standards Document (in PDF and Word)
4.5.4. Screencheck Draft Objective Design Standards Document (in PDF and revisions in strike-through format in Word)
4.5.5. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.5.6. Final Document (PDF and Word working files if outside of the zoning code)
4.5.7. Implementation guide, checklist/flowchart, recommendation memo of process improvements and staff training
Task 4.6 4.6.1. Zoning Code & Housing Element Review (PDF and Word) –
4.6.2. Administrative Density Bonus Ordinance (in PDF and Word)
4.6.3. Screencheck Density Bonus Ordinance (in PDF and revisions in strike-through format in Word)
4.6.4. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.6.5 Final Document (PDF and in strike-through format in Word)
4.6.6 Implementation guide, checklist/flowchart, recommendation memo of process improvements and staff training
Task 4.7 4.7.1. Administrative Draft of MND Addendum, provided to City and SCAG
4.7.2. Final MND Addendum
Task 4.8 4.8.1. Administrative draft(s) of staff report(s)
4.8.2. Final draft(s) of staff report(s)
4.8.3. Administrative draft(s) of resolution(s)
4.8.4. Final draft(s) of resolution(s)
4.8.5. Administrative draft(s) of ordinance(s)
4.8.6. Final draft(s) of ordinance(s)
4.8.7. Presentation(s) virtual or in-person attendance as preferred by the City
4.8.8. Associated materials
Task 4.9 4.9.1. Administrative draft(s) of staff report(s)
4.9.2. Final draft(s) of staff report(s)
4.9.3. Administrative draft(s) of resolution(s)
4.9.4. Final draft(s) of resolution(s)
4.9.5. Administrative draft(s) of ordinance(s)
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 215 of 462
4.9.6. Final draft(s) of ordinance(s)
4.9.7. Presentation(s) virtual or in-person attendance as preferred by the City
4.9.8. Associated materials
TASK 5: FINAL DELIVERABLE
Task 5.1: Adopted Zoning Code, Density Bonus Ordinance, Citywide Residential and Mixed-Use Objective Design Standards, and Specific Plan 5 Update and Updated Historical Survey with the adopted CEQA Document
Following the approval by the deliberative body of the work package, including the zoning code and specific plan 5 update and associated environmental review, Consultant shall adjust and update the final documents based on any comments received. The final documents will be sent to both the jurisdiction and SCAG upon completion, along with final metrics collected from the project as described in Task 1.6.
Task 5.1
Deliverables
5.1.1. Adopted Zoning Code, Density Bonus Ordinance, Citywide Residential and Mixed-Use Objective Design Standards, and Specific Plan 5 Update and Updated Historical Survey with the adopted CEQA Document
5.1.2. Final project metrics
TASK 5 SUMMARY OF DELIVERABLES
Task 5 5.1.1. Adopted Zoning Code, Density Bonus Ordinance, Citywide Residential and Mixed-Use Objective Design Standards, and Specific Plan 5 Update and Updated Historical Survey with the adopted CEQA Document
5.1.2. Final project metrics
-----
CONTRACT NO. 2343
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 216 of 462
RESOLUTION NO. 8342
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO,
CALIFORNIA, APPROVING THE EXECUTION OF A MEMORANDUM OF
UNDERSTANDING TO RECEIVE FUNDING FROM SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS’ REGIONAL EARLY ACTION PLANNING GRANT PROGRAM OF 2021
WHEREAS, the Regional Early Action Planning Grant Program of 2021 (“REAP 2.0”) program was established by the California state legislature as part of the 2021 California Comeback Plan under AB 140 to confront the statewide housing affordability crisis by building and expanding on the success of the REAP 2019 program by integrating housing and climate goals and allowing for broader planning and implementation investments to facilitate housing supply, choice, and affordability; and
WHEREAS, REAP 2.0 funded activities must meet the program objectives, which are to accelerate infill development that facilitates housing supply, choice and affordability; affirmatively further fair housing; and reduce vehicle miles traveled. Further, all residential development must be in areas meeting the definition for “In Fill” provided in the REAP 2.0 state guidelines; and
WHEREAS, the Southern California Association of Governments (“SCAG”) issued a call for applications under the Projects to Accelerate Transitional Housing (”PATH”) Program; and WHEREAS, SCAG intends to award $1,125,000.00 to the City of San Fernando to complete and deliver the City of San Fernando Comprehensive Housing Planning Program project, scope of work incorporated and attached as Exhibit “A”.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City of San Fernando hereby authorizes and directs such actions as are necessary and appropriate to accept the grant award of REAP 2.0 funds in the amount of $1,125,000 from SCAG.
SECTION 2. That the City Manager or their designee is hereby authorized and directed to:
1. Execute an agreement with SCAG and any amendments thereto;
2. Take all reasonably necessary and appropriate actions to complete the City of San Fernando Comprehensive Housing Planning Program project fulfill all obligations required, and seek reimbursement of grant funds awarded, pursuant to the above referenced call for applications and in a manner consistent and in compliance with the REAP 2.0 guidelines and objectives and PATH Program guidelines and all applicable state and federal statutes, rules, regulations, and laws.
March 3, 2025 Special & Regular CC Mtg Page 217 of 462
March 3, 2025 Special & Regular CC Mtg Page 218 of 462
March 3, 2025 Special & Regular CC Mtg Page 219 of 462
RES. NO. 8342
EXHIBIT “A”
Subregional Partnership (SRP) 2.0 & Programs Accelerating Transformative Housing (PATH) Program:
Housing Infill on Public and Private Lands (HIPP) Program City of San Fernando (“Grantee”)
City of San Fernando Comprehensive Housing Planning Program
SCOPE OF WORK
INTRODUCTION
SCAG serves as a catalyst for a brighter future for Southern California by leading a vision to elevate the region and creating a holistic plan to achieve our unified goals. SCAG authors the roadmap for Southern California’s mobility and land use by organizing and prioritizing transportation projects across the region, and spearheading programs to meet environmental, economic and equity goals, and support jurisdictions in addressing their diverse transportation and land use needs. SCAG empowers Southern California jurisdictions and organizations to work toward regional solutions by facilitating resources and opportunities for local engagement, capacity building and technical assistance, and strategically support and invest in the region’s most impacted communities.
Programs to Accelerate Transformative Housing (PATH) Program & Subregional Partnership Program (SRP)
This project is funded by the Regional Early Action Planning Grant Program of 2021 (REAP 2.0) program, which was established as part of the 2021 California Comeback Plan under AB 140 to confront the statewide housing affordability crisis. REAP 2.0 builds on the success of REAP 2019, but expands the program focus by integrating housing and climate goals and allowing for broader planning and implementation investments to facilitate housing supply, choice, and affordability. The program is designed to implement SCAG’s Connect SoCal Plan by supporting integrated and transformative planning and implementation activities that realize the region’s mobility, land use, housing, and environmental goals. REAP 2.0 provides a $560 million investment to advance implementation of adopted regional plans by funding planning and development activities that accelerate infill housing and reductions in per capita vehicle miles traveled (VMT). Statewide REAP 2.0 is administered by the California Department of Housing and Community Development (HCD) in collaboration with the Governor’s Office of Planning and Research (OPR), the Strategic Growth Council (SGC), and the California Air Resources Board (CARB). All REAP 2.0 funds must be expended by June 30, 2026.
In mid-2023, HCD awarded SCAG a total of $231.5 million to develop programs that further REAP 2.0 objectives. All projects funded by REAP 2.0 must meet its primary objectives, which are to accelerate infill housing development, reduce VMT, increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the implementation of adopted regional and local plans to achieve these goals.
This proposal was developed under SCAG's Subregional Partnership (SRP) 2.0 and Housing Infill on Public and Private Lands (HIPP) programs, which are intended to (1) accelerate infill development that facilitates housing supply, choice, and affordability; (2) affirmatively further fair housing; and (3) reduce vehicle miles traveled.
The SRP 2.0 program focuses on implementation of the region’s housing elements with programs that accelerate infill development that facilitates housing supply, choice, and affordability. 4 March 3, 2025 Special & Regular CC Mtg Page 220 of 462 RES. NO. 8342
EXHIBIT “A”
The HIPP program supports projects that assess available infill public-owned and private-owned lands for affordable and mixed-income housing and neighborhood serving uses and developing land use regulatory initiatives for increasing residential development capacity in corridor-wide and area-wide infill areas based in justice, equity, diversity, and inclusion.
PROJECT BACKGROUND
The goal of the “City of San Fernando Comprehensive Housing Planning Program” is to provide opportunities for streamlined housing infill development on private and public lands. It is a comprehensive program consisting of five sub-projects synergistically facilitating the infill housing review and approval process. The City of San Fernando is a fully developed historic urban area with a significant number of unused or underutilized parcels in commercial corridors, presenting opportunities for redevelopment with affordable or mixed income housing and ancillary neighborhood serving businesses and supporting infrastructure. Under the parameters of SB 535, the City is considered a Disadvantaged Community with a high share of low-income residents. The City is fully surrounded by urban parcels in the City of Los Angeles (approximately 100 percent of the perimeter) that are developed with qualified urban uses.
OVERALL PROJECT OBJECTIVES
• Develop strategies for preventing displacement and maintaining affordable housing for disadvantaged community members and establishing supportive programs for tenants and homeowners to prevent displacement and affirmatively further fair housing. This will be in the form a Community Stabilization Manual.
• Update the 2002 Historic Survey to identify eligible historic resources throughout the City to promote conversion or preservation of historic commercial buildings into housing while also promoting improvement or expansion of residential buildings to maintain quality of existing housing, neighborhoods, and health of residents, and to address overcrowding. • Update the City’s density bonus ordinance to comply with state housing law and to establish a local density bonus ordinance with incentives encouraging affordable housing and engaging residents in disadvantaged and historically underserved communities. • Complete a comprehensive update to the Zoning Code and Corridors Specific Plan 5 (SP-5) to allow residential land use in currently restricted areas, increase development capacity for housing on underutilized or vacant infill sites, streamline the review process and comply with the latest state housing laws.
• Review and update the City’s development process for housing developments to ensure potential barriers that may hinder housing construction are removed and a smoother and more efficient approval process for housing projects, reducing bureaucratic hurdles and delays put in place.
The Project Consultant (Consultant) shall perform the following Tasks:
TASK 1: PROJECT MANAGEMENT AND COORDINATION
Task 1.1: Project Kick Off Meeting
Within the first month from issuance of the Notice to Proceed, Consultant shall hold a virtual kickoff meeting with Project Management Team (PMT). The PMT will consist of the SCAG Project Manager and Deputy Project Manager, the Grantee Project Manager, and other relevant staff to review project vision and goals and confirm the direction of the technical approach and engagement efforts. 5 March 3, 2025 Special & Regular CC Mtg Page 221 of 462 RES. NO. 8342
EXHIBIT “A”
The kickoff meeting shall be used to review the draft Project Management Plan (PMP, Task 1.2), project scope of work, schedule, and budget; establish a schedule for the Project Management Team meetings (PMT, Task 1.3); identify potential stakeholders to engage (Task 2.1); and confirm communication protocols. Consultant shall also lead a discussion on data collection (Task 1.6).
Consultant shall provide the kickoff meeting agenda to meeting attendees at least 48 hours in advance to allow time to review and revise the agenda. Consultant shall provide meeting notes within 48 hours after the kickoff meeting to meeting attendees to ensure that next steps are documented. Consultant is responsible for preparing an agenda, presentation materials, and any handouts ahead of the kickoff meeting and making materials available to all.
Task 1.1
Deliverables
1.1.1. Project kick off meeting agenda
1.1.2. Project kick off meeting notes and list of attendees
1.1.3. Project kick off presentation and any handouts or any other relevant materials Task 1.2: Project Management Plan and Schedule
Consultant shall prepare a Project Management Plan (PMP), which will include the contact information for the key project team, the scope of work, the schedule, the budget, invoicing progress, reporting details, along with document control and QA/QC procedures. The PMP shall include deliverables and timelines. The PMP will identify system for project control, including necessary procedures for conducting the work; managing resources, communications, budget, schedule, monitoring and reporting project status and progress, document control and quality assurance/quality control. The PMP shall include safeguards for early identification of issues and their effective resolution. Upon approval by SCAG, PMP shall be the document guiding the progression on the overall effort. Consultant shall notify SCAG as swiftly as possible about any potential necessary updates to the PMP. Any proposed changes to the overall PMP must be approved by SCAG. Consultant shall deliver the PMP prior to the Kickoff Meeting.
Consultant shall develop a schedule showing all work tasks, subtasks, start dates, activity durations, product submittal dates, key project milestones, and relationships among work tasks, including critical path items. Each task and subtask deliverable shall be provided to PMT as it is completed, per the project schedule. PMT shall have a two-week review period for all deliverables. All comments, edits, suggestions, and questions from the PMT shall be submitted to Consultant and edits will be incorporated into a revised deliverable.
Task 1.2
Deliverables
1.2.1. Project management plan (PMP)
1.2.2. Project schedule
6 March 3, 2025 Special & Regular CC Mtg Page 222 of 462 RES. NO. 8342
EXHIBIT “A”
Task 1.3: Project Management Meetings
Consultant Project Manager shall conduct monthly check-in meetings with the Project Management Team (PMT) that includes the SCAG, Grantee PM and other team members as needed. The meetings shall be used to update the PMT on project progress, to identify and plan for upcoming tasks, and to anticipate any concerns or challenges. Consultant shall provide each meeting agenda at least 48 hours (about 2 days) in advance to meeting attendees to allow time to review and revise the agenda. Consultant shall provide meeting notes within 48 hours (about 2 days) after each meeting to attendees to ensure next steps are documented. Consultant shall provide presentation materials electronically to meeting attendees at least 24 hours before the meeting.
In addition, Consultant shall be available for phone check-ins with SCAG and the Grantee PM up to a time commitment of 12 hours.
Task 1.3
Deliverables
1.3.1. Meeting agendas for monthly PMT meetings
1.3.2. Meeting notes with list of attendees
1.3.3. Meeting materials, including presentations or any handouts
1.3.4. Documentation additional check-ins (up to 12 hours) Task 1.4: Monthly Invoicing and Reporting
Consultant shall prepare monthly invoices and reports in accordance with SCAG invoicing and reporting methodologies. Each report will follow a format approved by the SCAG Project Manager. Consultant shall track and report critical path activities and milestones and prepare and submit monthly progress reports to SCAG. Monthly progress reports shall detail the work performed and deliverables completed during the previous month, identify any issues encountered, and provide proposed solution(s) to address said concerns.
Each monthly progress report will at a minimum include:
• Summary
• Progress narrative
• Description of tasks completed
• Project schedule describing the percentage of each task/deliverable/milestone • Summary of costs incurred per task/milestone with info on remaining funding by task • Schedule and schedule tracking narrative
• List of deliverable items
• Management issues
• Needed corrective actions
• Statement of resolution of problems
• 30-day look ahead
7 March 3, 2025 Special & Regular CC Mtg Page 223 of 462 RES. NO. 8342
EXHIBIT “A”
Task 1.4
Deliverables
1.4.1. Monthly invoices
1.4.2. Progress reports
Task 1.5 Project Close-Out Files
At the end of the project, Consultant shall document and assemble all project deliverables and provide them in accordance with SCAG’s project close out procedures. All deliverables shall be provided in accordance with the Project Schedule.
Consultant shall document all project deliverables in an organized fashion and deliver them in an electronic format at the end of the project, along with an Excel file documenting location and completion of deliverables. Each task shall have its own folder. Within each task there shall be a folder with the name of the deliverable and the final version of each deliverable within it. Each meeting held shall have a folder including agendas, notes, and other relevant materials from that meeting. All deliverables shall be provided in accordance with the Project Schedule.
Task 1.5
Deliverables
1.5.1. Project close-out files with accompanying Excel file Task 1.6 REAP Metrics Data Collection and Reporting
Consultant shall work with the SCAG PM on selected measurable outcomes and metrics. Consultant shall collect related existing conditions from Grantee PM and report on the selected measurable outcomes and metrics pursuant to SCAG’s schedule provided at project kickoff.
Task 1.6
Deliverables
1.6.1 REAP metrics data collection and reporting
TASK 1 SUMMARY OF DELIVERABLES
Task 1.1 1.1.1. Project kick off meeting agenda
1.1.2. Project kick off meeting notes and list of attendees
1.1.3. Project kick off presentation and any handouts or any other relevant materials Task 1.2 1.2.1. Project management plan (PMP)
1.2.2. Project schedule
Task 1.3 1.3.1. Meeting agendas for monthly PMT meetings
1.3.2. Meeting notes with list of attendees
1.3.3. Meeting materials, including presentations or any handouts 8 March 3, 2025 Special & Regular CC Mtg Page 224 of 462 RES. NO. 8342
EXHIBIT “A”
1.3.4. Documentation additional check-ins (up to 12 hours) Task 1.4 1.4.1. Monthly invoices
1.4.2. Progress reports
Task 1.5 1.5.1. Project close-out files with accompanying Excel file Task 1.6 1.6.1 REAP metrics data collection and reporting TASK 2: PUBLIC OUTREACH
Task 2.1 Community Stabilization Manual
Consultant shall develop a community stabilization manual, which is to serve as a housing service directory that provides referrals for rental assistance, local affordable housing projects, senior housing, housing legal assistance, fair housing, homeownership assistance and rehabilitation in an attractive bilingual handout for distribution and posting on the City’s website. The consultant shall conduct research to gather relevant information and provide a draft document for the City’s review before finalizing the document.
The document shall be attractive, illustrative to the extent possible with English and Spanish versions. The final document should be in a format that can be printed and distributed and also posted on the website.
A word document should also be provided so the City can maintain and update the document as needed.
This aligns with the City’s Housing Element of removing government constraints by assisting lower income tenants in finding the appropriate resources. In addition, it supports establishing supportive programs for tenants and homeowners to prevent displacement and affirmatively further fair housing.
TASK 2.1
Deliverables
2.1.1 Draft Community Stabilization Manual
2.1.2 Final Community Stabilization Manual (word & PDF versions) Task 2.2 Outreach and Engagement Plan
Consultant shall design a comprehensive public outreach and engagement plan for the project objectives of updating the 2002 Historic Survey; developing citywide residential and mixed-use objective design standards; creating a local density bonus; completing a comprehensive Zoning Code and Corridors Specific Plan (SP-5) including updating the zoning maps; and conducting the appropriate associated environmental review pursuant to CEQA. The level and engagement activities should be determined based on the City’s adopted Community Engagement Framework and should align with the strategic goals of the City. The plan should include types of engagement and methods of input, dates, topics, potential stakeholders. The outreach plan will address language accessibility, culturally competent methods and materials, appropriate communications channels and technological access considerations, and mechanisms for meaningful input, follow-up and follow-through. The outreach plan shall clearly outline the timing of the stakeholder engagement and how the feedback will be utilized to inform the various project deliverables.
The outreach and engagement plan should include all proposed activities that will occur at each project phase- preliminary data gathering, public hearings and post adoption. Post adoption activities should include public facing publications and assistance with drafting language for website updates, etc. 9 March 3, 2025 Special & Regular CC Mtg Page 225 of 462 RES. NO. 8342
EXHIBIT “A”
To ensure consistency of public information about SCAG programs and funded work products, Consultant is required to notify and coordinate with SCAG Project Manager who will coordinate with SCAG’s Manager of Media & Public Affairs or a specified designee on any media inquiries or plans for proactively providing information to media outlets.
Task 2.2
Deliverables
2.2.1 Public Outreach Plan with dates, topics, and target audiences Task 2.3: Outreach Events and Summary
Consultant shall plan, develop all materials, lead, and attend between 1 and 4 public events scheduled at a variety of times and locations identified in the Public Outreach Plan within the Project Area. The outreach shall have a particular focus on accessibility and convenience for residents of disadvantaged communities (DAC) and historically disinvested communities with the highest potential for infill housing development.
To promote awareness and encourage local support, local elected officials in the project area should be invited to outreach activities. The SCAG PM shall coordinate this with the respective SCAG Government Affairs Officer.
Consultant shall develop accessible, comprehensible, and appealing outreach materials to support the outreach plan. Consultant shall develop social media posts and announcements to distribute on the city’s platforms such as social media, newsletters, webpages and e-blasts.
Consultant is also responsible for crediting SCAG as a funder of the project. All public-facing communications materials produced under this contract shall acknowledge and give credit to SCAG, whether via a logo or text. Communications materials include, but are not limited to, site signage, printed information materials, print and online publications, websites, advertisements, video, public service announcements, social media postings, events, media advisories, news releases and all other related materials. If SCAG determines that a communications material does not adequately credit SCAG’s role in funding the project, the Grantee/Consultant shall revise the communications material according to the SCAG PM’s direction.
To ensure consistency of public information about SCAG programs and funded work products, Consultant is required to notify and coordinate with SCAG PM, who will coordinate with SCAG’s Manager of Media & Public Affairs or a specified designee, on any media inquiries or plans for proactively providing information to media outlets related to encouraging participation or reporting on these engagement activities.
Task 2.3
Deliverables
2.3.1 Outreach Materials (flyers, one-sheets, posters, and presentations) with credit provided to SCAG as funder
2.3.2 Outreach Summary Memo and incorporation of feedback into final plan 10 March 3, 2025 Special & Regular CC Mtg Page 226 of 462 RES. NO. 8342
EXHIBIT “A”
TASK 2 SUMMARY OF DELIVERABLES
Task 2.1 2.1.1 Draft Community Stabilization Manual
2.1.2 Final Community Stabilization Manual (word & PDF versions) Task 2.2 2.2.1 Public Outreach Plan with dates, topics, and target audiences Task 2.3 2.3.1 Outreach Materials (flyers, one-sheets, posters, and presentations) with credit provided to SCAG as funder
2.3.2 Outreach Summary Memo and incorporation of feedback into final plan Task 3: Updating 2002 Historic Survey
The City’s Housing Element specifically included Policy 1.7: Promote the preservation and rehabilitation of identified historic residential structures/sites that are substandard or in disrepair to meet Goal 1.0 Maintain and enhance the quality of existing housing, neighborhoods, and health of residents. In addition, Policy 2.6 of Goal 2.0 Provide a range of housing types to meet community needs calls for the facilitation of adaptive reuse of historic buildings on small parcels by allowing for modified development standards where multi-family projects include the preservation of an existing historic building. Therefore, updating the survey would inform the citywide residential and mixed-use objective design standards, density bonus and update to the zoning code and SP-5 specific plan.
Task 3.1: Updating 2002 Historic Survey
Consultant shall perform a windshield survey to update the identified residential properties and identify additional eligible historic resources within commercial corridors; perform archival research and historic resource evaluations; develop Citywide Historic Context; fill in primary records (DPR 523A forms) and work with City staff including IT to create a digital database on Arches that can be maintained by the City. More information on Arches can be found here: https://www.archesproject.org/what-is-arches/.
The consultant shall develop an informational handout for the public to better understand what is required for development. This handout should be developed in English and Spanish and in a file format that can be easily uploaded to the city’s website.
Task 3.1
Deliverables
3.1.1. Draft and Final Historic Resources Survey
3.1.2. Draft and Final Citywide Historic Context
3.1.3. DPR 523A forms
3.1.4. Digital Database
3.1.5. Informational Handout
TASK 3 SUMMARY OF DELIVERABLES
Task 3.1 3.1.1. Draft and Final Historic Resources Survey
3.1.2. Draft and Final Citywide Historic Context
3.1.3. DPR 523A forms
3.1.4. Digital Database
3.1.5. Informational Handout
11 March 3, 2025 Special & Regular CC Mtg Page 227 of 462 RES. NO. 8342
EXHIBIT “A”
TASK 4: ZONING CODE AND COORIDORS SPECIFIC PLAN (SP-5) UPDATE This task is aimed at implementing the City’s Housing Element by removing governmental constraints to the development of housing. The City will review and amend its Zoning Code and Corridors Specific Plan (SP-5) to remove constraints for the development of housing by ensuring compliance with state housing law and that there are no conflicts within the code or the specific plan with the proposed citywide residential and mixed-use objective design standards and proposed density bonus ordinance, which shall include a local program. Additionally, the updates shall facilitate housing development and be aimed at clarifying processes or terms as needed. Lastly, residential types shall be evaluated to ensure a wide array of housing options can be developed in the City. Further, the City’s 2021-2029 Housing Element and the City’s Downtown Master Plan preliminary findings (will be provided upon availability) should be considered when determining updates. The City’s Official zoning map will also be updated if needed. Postupdate activities shall include implementation guide(s); development review checklists; updated application forms and training to ensure proper implementation. In addition, the City will use this work as a foundation to continue to monitor the development process and zoning regulations to identify and remove constraints to the development of housing. The technical work package developed under this task will be reviewed for approval and adoption by the Planning and Preservation Commission and City Council.
Task 4.1: Existing Conditions Analysis
Consultant shall conduct extensive research that analyzes existing conditions, including city codes, SP-5, programs, and policies. The analysis can be in the form of a vulnerabilities assessment, or otherwise as determined by the expertise of Consultant. Consultant shall evaluate the current zoning regulations, land use patterns, transportation infrastructure, housing stock, and other relevant factors that impact the development of housing in the City of San Fernando. The other components of this project such as the Historical Survey update, the residential and mixed-use objective design standards and the update to the density bonus ordinance should also be taken into consideration to ensure consistency through the zoning code and SP-5. Consultant shall also identify any challenges, gaps, or opportunities that can be addressed through this program. A comparative analysis shall also be conducted to analyze best practices from other cities of similar size in order to provide informed recommendations to City Council, staff and members of the community.
Task 4.1
Deliverables
4.1.1. Summary report of data, vulnerabilities assessment findings, and recommendations, including comparative analysis
Task 4.2: Comprehensive Zoning Code & Map Update
Consultant shall prepare a comprehensive Zoning Code update including an update to the City’s Official Zoning Map if necessary to ensure consistency, clarity and compliance is achieved throughout the zoning code to ensure the other tasks are integrated and housing development is facilitated. This includes but is not limited to reviewing definitions, developing standards, housing types, and approval processes. The City’s Official Zoning Map shall also be reviewed and updated with GIS files if needed and a copy of all shape files shall be provided to the City.
12 March 3, 2025 Special & Regular CC Mtg Page 228 of 462 RES. NO. 8342
EXHIBIT “A”
Consultant shall produce an administrative draft zoning code and map update based on information from previous tasks and feedback from initial community engagement (in PDF and Word formats) for the grantee’s review and comment. Consultant shall produce a screencheck draft zoning code and map update that includes strike-through revisions (in PDF and Word formats). From there, Consultant shall produce a public review draft that will be shared with Planning Commission/City Council/General Public (in PDF and revisions in strike-through format in Word). Once approved in public hearings, the consultant shall produce and deliver the final code and map update (in PDF and Word).
Task 4.2
Deliverables
4.2.1. Administrative Draft (in PDF and Word)
4.2.2. Screencheck Draft (in PDF and revisions in strike-through format in Word)
4.2.3. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.2.4. Final Document (PDF and Word)
4.2.5. Zoning Map shape files to City
Task 4.3: Corridors Specific Plan (SP-5) Update
Consultant shall prepare a comprehensive update to SP-5 including the land use maps and use chart if necessary to ensure consistency, clarity and compliance is achieved as well as alignment with the City’s Zoning Code and Official Zoning Map. This shall ensure the other tasks are integrated and housing development is facilitated. Any maps created shall be updated with GIS files and a copy of all shape files shall be provided to the City.
Consultant shall produce an administrative draft specific plan update based on information from previous tasks and feedback from initial community engagement (in PDF and Word formats) for the grantee’s review and comment. Consultant shall produce a screencheck draft specific plan update that includes strike-through revisions (in PDF and Word formats). From there, Consultant shall produce a public review draft that will be shared with Planning Commission/City Council/General Public (in PDF and revisions in strike-through format in Word). Once approved in public hearings, the consultant shall produce and deliver the final specific plan update (in PDF and Word).
Task 4.3
Deliverables
4.3.1. Administrative Draft (in PDF and Word) provided to Grantee and SCAG
4.3.2. Screencheck Draft (in PDF and revisions in strike-through format in Word) provided to Grantee and SCAG
4.3.3. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.3.4. Final Document (PDF and Word working files if outside of the zoning code)
4.3.5. Map shape files to City (ESRI ArcGIS)
13 March 3, 2025 Special & Regular CC Mtg Page 229 of 462 RES. NO. 8342
EXHIBIT “A”
Task 4.4: Development Review Process Modification
Consultant shall review the City’s current development process and recommend improvements with the intent to streamline the permitting and development review processes. Recommendations should consider and align with process changes resulting from the other tasks of this project. Resources that should be provided for staff include but are not limited to an implementation guide that describes application intakes and processing, a flowchart that illustrates the steps for application processing, a development review checklist, updated Planning application forms and Building & Safety Division, if necessary, and a one-hour virtual or in-person staff training to ensure proper implementation. All resources should be provided in PDF and Word formats. Resources for the public shall include but are limited to an illustrative handout, a checklist, and content for the City’s webpage detailing the process recommendations/improvements.
Task 4.4
Deliverables
4.4.1. Memo summarizing findings and recommendations
4.4.2. Implementation guide
4.4.3. Flowchart
4.4.4. Development review checklist
4.4.5. Updated application forms
4.4.6. One hour staff training (in-person or virtual depending on grantee’s preference)
4.4.7. Associated training materials
Task 4.5 Develop Citywide Residential and Mixed Use Objective Design Standards The purpose of the Citywide Residential and Mixed-Use Objective Design Standards is to give the community, developers, staff and decision makers more certainty about what future development will look like as the City moves forward with streamlined processes to meet the State’s goals in addressing the housing crisis and the objectives of the City’s Housing Element.
The Citywide Residential and Mixed-Use Objective Design Standards are minimum site and building design requirements that shall apply to all new single-family, multi-family residential and mixed-use development projects which include 2 or more attached units in the City. Development standards such as density, building setbacks, height limits, and off-street parking requirements shall be reviewed as part of task 3.1 to ensure alignment with the proposed design standards developed as part of this project goal.
Consultant shall prepare draft objective design standards for residential development types, which will be presented in subsequent public hearings for review. It will be in collaboration with consultant as to whether the standards will be integrated into the zoning code or as a standalone document. Images shall be included whether as a guide or as part of the official document. If the objective design standards are integrated into the zoning code, there shall be an illustrative handout that includes a checklist for applicants to summarize the requirements. Once a consensus has been established, and applicable edits have been made, a final draft shall be delivered to the Grantee PM.
The project team shall attend a two-hour city tour of key projects in the City. Observations notes and photographs should be documented. Consultant shall review the existing Single Family, Multi-family 14 March 3, 2025 Special & Regular CC Mtg Page 230 of 462 RES. NO. 8342
EXHIBIT “A”
design guidelines, the mixed-use overlay, and SP-5 to determine potential guidelines or standards that should be converted into proposed objective design standards. A design guidelines assessment memo shall be provided to summarize findings and further develop the scope.
Consultant shall produce an administrative draft objective design standards document based on information from previous tasks and feedback from initial community engagement (in PDF and Word formats) for the grantee’s review and comment. Consultant shall produce a Screencheck draft objective design standards document that includes strike-through revisions (in PDF and Word formats). From there, Consultant shall produce a public review draft that will be shared with Planning Commission/City Council/General Public (in PDF and revisions in strike-through format in Word). Once approved in public hearings, the consultant shall produce and deliver the final document (in PDF and Word working files if outside of the zoning code).
Materials shall be developed such as an implementation guide, a checklist/flowchart summarizing the new standards and requirements, and a review and recommendation of process improvements and staff training.
Task 4.5
Deliverables
4.5.1. Attendance of City tour and associated observation notes and photographs
4.5.2. Design Guidelines Assessment Memo
4.5.3. Administrative Draft Objective Design Standards Document (in PDF and Word)
4.5.4. Screencheck Draft Objective Design Standards Document (in PDF and revisions in strike-through format in Word)
4.5.5. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.5.6. Final Document (PDF and Word working files if outside of the zoning code)
4.5.7. Implementation guide, checklist/flowchart, recommendation memo of process improvements and staff training
Task 4.6: Density Bonus Ordinance Update
Consultant shall prepare a draft Density Bonus Ordinance that would be state compliant, flexible and can accommodate future changes from State law and also includes local density bonus for communityfocused designs, promote larger units for families, preserving historic resources and potentially other community housing priorities as determined by the community engagement. The draft ordinance will be presented in subsequent public hearings for review. Once a consensus has been established, and applicable edits have been made, a final draft shall be delivered to the Grantee PM. Materials shall be developed such as an implementation guide, a checklist/flowchart summarizing the new ordinance and requirements, and a review and recommendation of process improvements and staff training.
Consultant shall produce a memo summarizing the existing zoning code and state laws related to density and other affordable housing incentives and a bulleted list of required changes to the zoning code to comply with state law. In addition, recommended amendments or programs in the City’s Housing Element related to density bonus or affordable housing incentives should be included as potential changes (PDF and Word).
15 March 3, 2025 Special & Regular CC Mtg Page 231 of 462 RES. NO. 8342
EXHIBIT “A”
Consultant shall produce an administrative density bonus ordinance based on information from previous tasks and feedback from initial community engagement (in PDF and Word formats) for the grantee’s review and comment. Consultant shall produce a screencheck density bonus ordinance that includes strike-through revisions (in PDF and Word formats). From there, Consultant shall produce a public review draft that will be shared with Planning Commission/City Council/General Public (in PDF and revisions in strike-through format in Word). Once approved in public hearings, the consultant shall produce and deliver the final document (in PDF and Word formats).
Task 4.6
Deliverables
4.6.1. Zoning Code & Housing Element Review (PDF and Word) –
4.6.2. Administrative Density Bonus Ordinance (in PDF and Word)
4.6.3. Screencheck Density Bonus Ordinance (in PDF and revisions in strike-through format in Word)
4.6.4. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.6.5 Final Document (PDF and in strike-through format in Word)
4.6.6 Implementation guide, checklist/flowchart, recommendation memo of process improvements and staff training
Task 4.7: CEQA Compliance
Consultant shall ensure California Environmental Quality Act (CEQA) compliance. It is anticipated that an addendum or supplemental CEQA document to the MND that was adopted in association with the City’s certified Housing Element will be required by the work described in this scope of work. Consultant shall include all tasks required for the anticipated MND. If Consultant recommends an alternative CEQA document, Consultant shall include all required tasks as part of the recommended document.
Task 4.7
Deliverables
4.7.1. Administrative Draft of MND Addendum, provided to City and SCAG
4.7.2. Final MND Addendum
Task 4.8: Planning and Preservation Commission Review
Consultant shall present the final drafts of the technical work package for adoption, including the Zoning Code and SP-5 updates (including official maps if required), citywide residential and mixed-use objective design standards, density bonus ordinance update, historical survey update if applicable, and associated environmental document to the Planning and Preservation Commission for their consideration and recommendation to the City Council. Attendance shall be either in-person or virtual based on consultation with Grantee PM and City’s preference. Consultant is responsible for authoring all staff reports, resolutions, ordinances and associated presentation materials that are required for each study session, public hearing or community presentation.
16 March 3, 2025 Special & Regular CC Mtg Page 232 of 462 RES. NO. 8342
EXHIBIT “A”
Task 4.8
Deliverables
4.8.1. Administrative draft(s) of staff report(s)
4.8.2. Final draft(s) of staff report(s)
4.8.3. Administrative draft(s) of resolution(s)
4.8.4. Final draft(s) of resolution(s)
4.8.5. Administrative draft(s) of ordinance(s)
4.8.6. Final draft(s) of ordinance(s)
4.8.7. Presentation(s) virtual or in-person attendance as preferred by the City
4.8.8. Associated materials
Task 4.9: City Council Review and Adoption
Consultant shall present the final drafts of the technical work package for adoption, including the Zoning Code and SP-5 updates (including official maps if required), citywide residential and mixed-use objective design standards, density bonus ordinance update, historical survey update if applicable, and associated environmental document to the City Council for consideration to adopt. Attendance shall be either inperson or virtual based on consultation with Grantee PM and City’s preference. Consultant is responsible for authoring all staff reports, resolutions, ordinances and associated presentation materials that are required for each study session, public hearing or community presentation.
Task 4.9
Deliverables
4.9.1. Administrative draft(s) of staff report(s)
4.9.2. Final draft(s) of staff report(s)
4.9.3. Administrative draft(s) of resolution(s)
4.9.4. Final draft(s) of resolution(s)
4.9.5. Administrative draft(s) of ordinance(s)
4.9.6. Final draft(s) of ordinance(s)
4.9.7. Presentation(s) virtual or in-person attendance as preferred by the City
4.9.8. Associated materials
TASK 4 SUMMARY OF DELIVERABLES
Task 4.1 4.1.1. Summary report of data, vulnerabilities assessment findings, and recommendations, including comparative analysis
Task 4.2 4.2.1. Administrative Draft (in PDF and Word)
4.2.2. Screencheck Draft (in PDF and revisions in strike-through format in Word)
4.2.3. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.2.4. Final Document (PDF and Word)
4.2.5. Zoning Map shape files to City
Task 4.3 4.3.1. Administrative Draft (in PDF and Word) provided to Grantee and SCAG 17 March 3, 2025 Special & Regular CC Mtg Page 233 of 462 RES. NO. 8342
EXHIBIT “A”
4.3.2. Screencheck Draft (in PDF and revisions in strike-through format in Word) provided to Grantee and SCAG
4.3.3. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.3.4. Final Document (PDF and Word working files if outside of the zoning code)
4.3.5. Map shape files to City (ESRI ArcGIS)
Task 4.4 4.4.1. Memo summarizing findings and recommendations
4.4.2. Implementation guide
4.4.3. Flowchart
4.4.4. Development review checklist
4.4.5. Updated application forms
4.4.6. One hour staff training (in-person or virtual depending on grantee’s preference)
4.4.7. Associated training materials
Task 4.5 4.5.1. Attendance of City tour and associated observation notes and photographs
4.5.2. Design Guidelines Assessment Memo
4.5.3. Administrative Draft Objective Design Standards Document (in PDF and Word)
4.5.4. Screencheck Draft Objective Design Standards Document (in PDF and revisions in strike-through format in Word)
4.5.5. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.5.6. Final Document (PDF and Word working files if outside of the zoning code)
4.5.7. Implementation guide, checklist/flowchart, recommendation memo of process improvements and staff training
Task 4.6 4.6.1. Zoning Code & Housing Element Review (PDF and Word) –
4.6.2. Administrative Density Bonus Ordinance (in PDF and Word)
4.6.3. Screencheck Density Bonus Ordinance (in PDF and revisions in strike-through format in Word)
4.6.4. Public Review Draft Document (in PDF and revisions in strike-through format in Word)
4.6.5 Final Document (PDF and in strike-through format in Word)
4.6.6 Implementation guide, checklist/flowchart, recommendation memo of process improvements and staff training
Task 4.7 4.7.1. Administrative Draft of MND Addendum, provided to City and SCAG
4.7.2. Final MND Addendum
Task 4.8 4.8.1. Administrative draft(s) of staff report(s)
4.8.2. Final draft(s) of staff report(s)
4.8.3. Administrative draft(s) of resolution(s)
4.8.4. Final draft(s) of resolution(s)
4.8.5. Administrative draft(s) of ordinance(s)
4.8.6. Final draft(s) of ordinance(s)
4.8.7. Presentation(s) virtual or in-person attendance as preferred by the City
4.8.8. Associated materials
Task 4.9 4.9.1. Administrative draft(s) of staff report(s)
4.9.2. Final draft(s) of staff report(s)
4.9.3. Administrative draft(s) of resolution(s)
4.9.4. Final draft(s) of resolution(s)
4.9.5. Administrative draft(s) of ordinance(s)
18 March 3, 2025 Special & Regular CC Mtg Page 234 of 462 RES. NO. 8342
EXHIBIT “A”
4.9.6. Final draft(s) of ordinance(s)
4.9.7. Presentation(s) virtual or in-person attendance as preferred by the City
4.9.8. Associated materials
TASK 5: FINAL DELIVERABLE
Task 5.1: Adopted Zoning Code, Density Bonus Ordinance, Citywide Residential and Mixed-Use Objective Design Standards, and Specific Plan 5 Update and Updated Historical Survey with the adopted CEQA Document
Following the approval by the deliberative body of the work package, including the zoning code and specific plan 5 update and associated environmental review, Consultant shall adjust and update the final documents based on any comments received. The final documents will be sent to both the jurisdiction and SCAG upon completion, along with final metrics collected from the project as described in Task 1.6.
Task 5.1
Deliverables
5.1.1. Adopted Zoning Code, Density Bonus Ordinance, Citywide Residential and Mixed-Use Objective Design Standards, and Specific Plan 5 Update and Updated Historical Survey with the adopted CEQA Document
5.1.2. Final project metrics
TASK 5 SUMMARY OF DELIVERABLES
Task 5 5.1.1. Adopted Zoning Code, Density Bonus Ordinance, Citywide Residential and Mixed-Use Objective Design Standards, and Specific Plan 5 Update and Updated Historical Survey with the adopted CEQA Document
5.1.2. Final project metrics
-----
19 March 3, 2025 Special & Regular CC Mtg Page 235 of 462 ATTACHMENT “D”
CONTRACT NO. 2306
MEMORANDUM OF UNDERSTANDING
No. M-0XX-25
SCAG Overall Work Program (OWP) No: 305-4925.01 and 305-4927.04 Federal/State Awarding Agency: State of California, Department of Housing and Community Development
Funding Source: Regional Early Action Planning Grants Program of 2021 (REAP 2.0) Sub-Recipient Name: City of San Fernando
Sub-Recipient’s UEI No: RGEUDLBZH2K7
Total Amount of Federal Funds Obligated to Sub-Recipient: $0 Total Amount of Non-Federal Funds Obligated to Sub-Recipient: $1,125,000 ($791,818 from OWP No. 305-4925.01 and $333,182 from OWP No. 305-4927.04)
Total Amount of the Sub-Award: $1,125,000 ($791,818 from OWP No. 305-4925.01 and $333,182 from OWP No. 305-4927.04)
Subaward Period of Performance Start Date: July 30, 2024 Subaward Period of Performance End Date: June 30, 2026
Type of Contract: Project Specific
Method of Payment: See Section 6 of this MOU
Project R&D: N/A
Indirect Cost Rate for the Award: N/A
Fringe Benefits Cost Rate for the Award: N/A
Subaward Project Title: City of San Fernando REAP 2.0 Housing Infill on Public and Private Lands Pilot Program and Subregional Partnership 2.0 Program Grant Subaward Project Description: City of San Fernando will utilize REAP 2.0 funding for a project focused on assessing available infill public-owned and private-owned lands for affordable and mixed-income housing and neighborhood serving uses, and/or land use regulatory initiatives for increasing residential development capacity in corridor-wide and area-wide infill areas based in justice, equity, diversity, and inclusion. In addition, City of San Fernando will utilize REAP 2.0 funding for eligible uses and activities as provided in the Subregional Partnership Program Guidelines.
March 3, 2025 Special & Regular CC Mtg Page 236 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
MEMORANDUM OF UNDERSTANDING
No. M-0XX-25
BETWEEN THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
AND CITY OF SAN FERNANDO
FOR REAP 2.0 HOUSING INFILL ON PUBLIC AND PRIVATE LANDS PILOT PROGRAM AND SUBREGIONAL PARTNERSHIP 2.0 PROGRAM GRANT
(SCAG Project/OWP No. 305-4925.01 and 305-4927.04)
This Memorandum of Understanding (“MOU”) is entered into by and between the Southern California Association of Governments (“SCAG”) and City of San Fernando (“Sub-Recipient”), for a Housing Infill on Public and Private Lands (“HIPP”) Pilot Program and Subregional Partnership (“SRP”) 2.0 Program Grant. SCAG and Sub-Recipient may be individually referred to as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, the Regional Early Action Planning Grants Program of 2021 (“REAP 2.0”) was established with a principal goal to make funding available to Metropolitan Planning Organizations (“MPO”) and other regional entities for transformative planning and implementation activities that meet housing and equity goals, reduce Vehicle Miles Traveled per capita, and advance implementation of the region’s Sustainable Communities Strategy or Alternative Planning Strategy, as applicable; WHEREAS, the California Department of Housing and Community Development (“HCD”) administers REAP 2.0 in accordance with Health and Safety Code sections 50515.06 to 50515.10 (“Statutes”) and REAP 2.0 guidelines for MPO applicants released by HCD pursuant to the Statutes (“REAP 2.0 Guidelines”);
WHEREAS, SCAG is the federally designated MPO for Southern California, primarily responsible for the development of a Regional Transportation Plan/Sustainable Communities Strategy (“RTP/SCS” also known as “Connect SoCal”) for the counties of Imperial, Los Angeles, Orange, San Bernardino, Riverside, and Ventura;
WHEREAS, HCD awarded funds to SCAG under REAP 2.0;
WHEREAS, SCAG’s Regional Council authorized funding for the HIPP Pilot Program and approved the guidelines for the HIPP Pilot Program (“HIPP Program Guidelines”); WHEREAS, SCAG released a Call for Applications for the HIPP Pilot Program; WHEREAS, Sub-Recipient, eligible for funds under the HIPP Pilot Program, developed and submitted a proposed project for the HIPP Pilot Program (“HIPP Project”); WHEREAS, SCAG reviewed the HIPP Project and determined it to be consistent with the REAP 2.0 Guidelines and HIPP Program Guidelines, and approved the HIPP Project to receive funding; March 3, 2025 Special & Regular CC Mtg Page 237 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
WHEREAS, SCAG’s Regional Council authorized funding for the SRP 2.0 Program and approved the guidelines for the SRP 2.0 Program (“SRP 2.0 Program Guidelines”). HIPP Program Guidelines and SRP
2.0 Program Guidelines may be collectively as “Program Guidelines.”; WHEREAS, SCAG released a Call for Applications for the SRP 2.0 Program; WHEREAS, Sub-Recipient, eligible for funds under the SRP 2.0 Program directed funds by board action to the City of San Fernando, and the City developed and submitted the following proposed project for the SRP 2.0 Program that utilizes both SRP 2.0 Program funds and HIPP Program funds. This project and the HIPP Project are collectively the “Project.”;
City of San Fernando Comprehensive Housing Planning Program WHEREAS, SCAG reviewed the Sub-Recipient’s SRP 2.0 Projects and determined the SRP 2.0 Projects to be consistent with the REAP 2.0 Guidelines and SRP 2.0 Program Guidelines, and approved the SRP
2.0 Projects to receive funding;
WHEREAS, for purposes of efficiency, convenience, and cost savings the Parties are combining the HIPP Project and the SRP 2.0 Projects into this one MOU; and
WHEREAS, the purpose of this MOU is to describe the responsibilities of the Parties.
NOW THEREFORE, IT IS MUTUALLY AGREED THAT:
1. Recitals and Exhibits
The Recitals and all exhibits referred to in this MOU are incorporated herein by this reference and made a part of the provisions of this MOU.
2. Term
The Term of this MOU shall begin on the Effective Date and continue until June 30, 2026, (“Completion Date”), unless terminated earlier as provided herein. Time is of the essence in the performance of services under this MOU.
3. Scope of Work and Sub-Recipient’s Responsibilities
Sub-Recipient shall be responsible for implementing the Project in accordance with the “Scope of Work,” attached as Exhibit A.
a. Interim deliverables and tasks for the Project, including sub-allocated budgets and schedules, required to implement the Scope of Work shall be documented using the “Scope of Work Approval Form,” attached as Exhibit B (“SOW Approval Form”). The SOW Approval Form must be signed by SCAG Project Manager, SCAG Department Manager, SCAG Deputy Director or their designee, and Sub-Recipient prior to the performance of the work outlined in the SOW Approval March 3, 2025 Special & Regular CC Mtg Page 238 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
Form. The SOW Approval Form may be signed by way of a manual or authorized digital signature, or a signature stamp. The SOW Approval Form may be used to document interim deliverables and interim deliverable budgets and schedules but may not be used to modify the deliverables and budget noted in this MOU. The SOW Approval Form may be amended subject to approval by SCAG. No amendment to the SOW Approval Form shall be valid unless made in writing and signed by the Parties. If there is a conflict between the SOW Approval Form and this MOU, this MOU shall prevail.
b. Sub-Recipient must demonstrate a clear and significant nexus to all the REAP 2.0 Goals and Objectives, including the definition of infill contained therein as described in Section 9 of this MOU, and must carry out the Project to meet the REAP 2.0 Goals and Objectives. Any lack of action or action inconsistent with REAP 2.0 Goals and Objectives may result in review and could be subject to modification of funding, termination of this MOU, and repayment of the Grant Funds. c. In compliance with Section 3.e., Sub-Recipient may procure and manage one or more consultants to ensure the Scope of Work, as outlined in the most current fully executed SOW Approval Form, is fully performed and the Project is completed in compliance with this MOU and all applicable laws and regulations.
d. As a recipient of federal and state funds, SCAG has the responsibility for ensuring that its procurement process complies with all applicable federal, state and funding requirements. For all agreements entered into containing funds provided under this MOU or to perform work under this MOU, Sub-Recipient shall procure in compliance with all applicable federal, state, and local laws and regulations. All REAP 2.0 funded procurements must be conducted using a fair and competitive procurement process and sole source procurements are expressly prohibited. e. The term “Consultant(s)” shall hereinafter refer to all entities that Sub-Recipient procures, manages, or otherwise enters into contracts or agreements with, in furtherance of the Project or this MOU regardless of the timing, nature of service/work provided or type of organization, including but not limited to government entities, political subdivisions, subrecipients, consultants, contractors, service providers, suppliers, independent contractors, professionals, managers, architects, engineers, and subcontractors.
f. Upon request, Sub-Recipient shall provide information to the SCAG Project Manager regarding any existing solicitation including but not limited to Requests for Proposals, Invitation for Bids, Request for Qualifications, and Requests for Quotation (collectively “RFP”). For new RFPs developed or finalized after the Effective Date of this MOU, Sub-Recipient shall provide information to the SCAG Project Manager and obtain SCAG Project Manager’s written approval on any final RFP prior to its issuance. SCAG may require documentation of RFPs and Notices to Proceed before approval of invoice reimbursement.
g. When requested, Sub-Recipient shall provide other related documentation of compliance, as determined by SCAG, with applicable procurement requirements and terms and conditions of this MOU within ten (10) days of the request.
March 3, 2025 Special & Regular CC Mtg Page 239 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
h. Sub-Recipient shall be responsible for conducting a complete detailed review of Consultant(s)’ invoices prior to payment. The review shall include, but not be limited to, ensuring: (1) the work included in the invoice is correctly invoiced and supported and segregated for the Project at the task level; (2) hours worked equal hours invoiced; (3) charged rates are equal to the contracted rates; (4) materials and services were received; and (5) that the work performed is consistent with the Scope of Work. Upon review, Sub-Recipient shall pay Consultant(s)’ invoices prior to submitting invoices to SCAG for reimbursement.
i. Sub-Recipient shall be accountable to SCAG and HCD to ensure Consultant(s)’ performance. SubRecipient’s Project Manager shall be responsible for final approval of Consultant(s)’ deliverables consistent with the Scope of Work, as outlined in the most current fully executed SOW Approval Form; provided, however, that prior to approving a deliverable from the Consultant(s), SubRecipient’s Project Manager shall consult with SCAG’s Project Manager. j. Any and all notices, reports, or other communications required by this MOU, including but not limited to invoices, accounting reports, supporting documentation, and monitoring reports, shall be submitted under the penalty of perjury.
k. Sub-Recipient shall be responsible for ensuring compliance with all applicable California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) requirements, and, as applicable, shall serve as the implementing agency for environmental approval(s). The Sub-Recipient’s responsibilities under this section may apply to each task individually and the Project collectively.
4. Project Management
a. All work under this MOU shall be coordinated with SCAG and Sub-Recipient through the Project Managers.
b. For purposes of this MOU, SCAG designates the following individual as its Project Manager:
Zacharias Gardea
Associate Regional Planner, SCAG
(213) 630-1446
[email protected]
SCAG reserves the right to change this designation.
c. For purposes of this MOU, Sub-Recipient designates the following individual(s) as its Project Manager:
Erika Ramirez
Director of Community Development
(818) 898-1217
[email protected]
March 3, 2025 Special & Regular CC Mtg Page 240 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
Sub-Recipient reserves the right to change this designation upon written notice to SCAG.
5. Funding
a. SCAG’s contribution to the Project is funded wholly with REAP 2.0 funds, in an amount not to exceed $1,125,000 (“Grant Funds”). The Project shall be funded as follows (“Project Funds”):
HIPP – $791,818
SRP 2.0 – $333,182
b. SCAG shall not be obligated to make payments for any Project costs that exceed Project Funds for the Project or the Grant Funds for the Project. SCAG shall not be obligated to pay for any increase in Project costs which exceeds the Project budget included in this MOU and the most current fully executed SOW Approval Form. SCAG shall not be obligated to make payments from any source other than funds provided by HCD to SCAG pursuant to REAP 2.0. In the event HCD terminates its agreement to provide funds or reduces the funds provided, SCAG shall have the right to terminate this MOU, in accordance with Section 17, or to amend this MOU to reflect the changes in funding.
c. SCAG shall make payments to Sub-Recipient only for work performed as part of the Scope of Work, as outlined in the most current fully executed SOW Approval Form, and consistent with REAP 2.0 Goals and Objectives, REAP 2.0 Guidelines, and Program Guidelines. d. SCAG reserves the right, in its sole discretion, to discontinue funding the Project and/or terminate this MOU as described in Section 17.
e. Any costs for which Sub-Recipient receives reimbursement or credit that is determined by a subsequent audit or other review by either SCAG, HCD, other State authorities or federal cognizant agency to be ineligible or otherwise unallowable, shall be repaid by Sub-Recipient within thirty (30) calendar days of Sub-Recipient receiving notice or a written demand for reimbursement from SCAG. Such repayment may include interest, penalties, or related fees, as determined by HCD or other State authorities. Should Sub-Recipient fail to reimburse unallowable costs due to SCAG within thirty (30) calendar days of demand, or within such other period as may be agreed between both parties hereto, SCAG is authorized to withhold and/or off-set future payments to Sub-Recipient.
6. Invoices
a. This MOU is a Cost Reimbursement agreement. Amounts claimed must reflect the actual incurred and paid cost of completed work. The actual incurred and paid costs may not exceed the Project’s budgets set forth in this MOU and the most current fully executed SOW Approval Form. All invoices submitted to SCAG for payment shall be e-mailed to [email protected] (file cannot exceed 10MB) and copy the SCAG Project Manager. All invoices submitted to SCAG for the Project shall reference the OWP Project Numbers (OWP No. 305-4925.01 and 305-4927.04).
A separate invoice must be submitted for each individual Project.
March 3, 2025 Special & Regular CC Mtg Page 241 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
b. By the twenty-first day following the start of a new month (i.e., January 21, February 21, March 21), Sub-Recipient shall submit an invoice for the Project to SCAG using the electronic “Invoice Template” in accordance with the invoice submittal instructions and requirements noted in Exhibit C. Invoices must be submitted in both PDF format and Excel file format. Invoices shall contain a progress report portion which serves to confirm that the services have been performed and can be paid. All invoiced costs must be substantiated, by providing documented support for the expense incurred, such as copies of payroll reports, paid invoices, and proof of payment. The invoice progress report shall serve as the formal progress report for the Project and shall be signed by the Sub-Recipient. The progress report shall include, in narrative form, a description of services performed by the Sub-Recipient’s staff and Consultant(s) as well as progress toward completion of tasks related to the Project for the invoiced period and progress achieved toward the REAP 2.0 Goals and Objectives. SCAG shall review invoices for compliance with this MOU. If SCAG determines that an invoice is compliant with this MOU, SCAG shall approve the invoice and issue payment to the Sub-Recipient. If SCAG determines that an invoice is not compliant with this MOU or the most current fully executed SOW Approval Form, SCAG may withhold and/or off-set future payment(s) to the Sub-Recipient.
c. SCAG shall reimburse Sub-Recipient as promptly as SCAG’s fiscal procedures permit, using Electronic Fund Transfer, available at: ACH Vendor Payment Authorization Form, upon receipt of itemized invoices submitted in accordance with this MOU. Sub-Recipient shall complete the ACH Vendor Payment Authorization Form and email it to [email protected], prior to executing this MOU.
d. Incomplete or inaccurate invoices may be returned to Sub-Recipient for correction without payment until corrected and approved. SCAG may, at its discretion, disallow any unsupported costs and process the invoice. If Sub-Recipient corrects the error, the disallowed items can be included in the next set of invoices.
e. Travel expenses and per diem rates are not to exceed the rates and policies specified by the State of California Department of Human Resources, which can be found at:
https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx. f. The Parties acknowledge that SCAG’s fiscal year is from July 1 to June 30. Sub-Recipient agrees to submit all invoices to SCAG for services rendered through June 30th, no later than July 21st during the Term of this MOU. SCAG shall not be obligated to pay Sub-Recipient for any invoice received after such date.
g. Sub-Recipient shall submit its final invoice to SCAG within thirty (30) days of the completion of the Project, but no later than within thirty (30) days after all Grant Funds have been expended, whichever is first. SCAG shall not be obligated to pay Sub-Recipient for any invoice received after such date.
h. Sub-Recipient will require that its Consultant(s) pay any contractors and subcontractors for satisfactorily completed work no later than ten (10) days of receipt of each payment from SubRecipient. The ten (10) calendar days period is applicable unless a shorter period is required by applicable law.
March 3, 2025 Special & Regular CC Mtg Page 242 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
7. Reporting
a. At any time during the term of this MOU, SCAG may request additional information, as needed, to demonstrate satisfaction of all requirements identified in the MOU and the most current fully executed SOW Approval Form.
b. By February 10 of each year following receipt of funding pursuant to this MOU, Sub-Recipient shall submit an Annual Report using the “Report Template,” attached as Exhibit D. Sub-Recipient shall submit a separate Annual Report for each Project. The Annual Report shall include, in narrative form, a description of services performed by Sub-Recipient’s staff and Consultant(s) as well as progress toward completion of tasks related to the Project for the prior year, a reporting of all costs incurred for that period, and progress achieved toward the REAP 2.0 Goals and Objectives.
c. When a Project is finalized, and no later than the Completion Date, Sub-Recipient shall submit a Close-Out Report for the Project. At the time of the execution of this MOU, HCD has not provided the requirements for the Close-Out Report due to HCD by all grantees at the conclusion of the grant performance period. Therefore, the Close-Out Report format required by SCAG of SubRecipient is not available at this time, but will be provided when it becomes available. d. All reports submitted to SCAG shall reference the OWP Project Numbers (OWP No. 305-4925.01 and 305-4927.04).
8. Accounting
a. Sub-Recipient shall establish and maintain an accounting system and reports that properly accumulate incurred Project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (“GAAP”), enable the determination of incurred costs as interim points of completion, and provide support for payment vouchers and invoices. b. Sub-Recipient shall establish a separate ledger account for receipts and expenditures of Project Funds and Grant Funds and maintain expenditure details in accordance with the Scope of Work, as outlined in the most current fully executed SOW Approval Form, for the Project. c. Sub-Recipient shall maintain documentation of its normal procurement policy and competitive procurement bid process and completed procurements, and financial records of expenditures incurred during the course of the Project in accordance with GAAP.
9. Allowable Uses of Grant Funds
a. Project Funds and Grant Funds shall be expended in compliance with the REAP 2.0 Goals and Objectives, and as required, meets the definition for “Infill,” as provided in the State REAP 2.0 Guidelines.
i. REAP 2.0 Goals (“Goals”) are to invest in housing, planning, and infill housing-supportive infrastructure across the entire state in a manner that reduces Vehicle Miles Traveled (“VMT”), increases housing affordability, and advances equity. More detailed information on the Goals March 3, 2025 Special & Regular CC Mtg Page 243 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
can be found in Section 201 of the REAP 2.0 Notice of Funding Availability (“NOFA”) and Final Guidelines for MPO Applicants and are made a part of the provisions of this MOU as if set forth in full.
ii. REAP 2.0 Objectives (“Objectives”) include: (1) accelerating infill development that facilitates housing supply, choice, and affordability; (2) affirmatively furthering fair housing; (3) reducing vehicle miles traveled. More detailed information on the Objectives can be found in Section 202 of the REAP 2.0 NOFA and Final Guidelines for MPO Applicants and are made a part of the provisions of this MOU as if set forth in full. b. Project Funds and Grant Funds shall only be used by Sub-Recipient for activities approved by SCAG and included in the Scope of Work, as outlined in the most current fully executed SOW Approval Form.
c. Project Funds and Grant Funds may not be used for administrative costs of persons employed by Sub-Recipient for activities not directly related to eligible activities. d. There must be a strong implementation component for the funded activity through REAP 2.0, including, where appropriate, agreement by Sub-Recipient to submit the completed planning document or effort to the applicable board, council, or other entity for adoption or approval. If Sub-Recipient does not formally request adoption or approval of the funded activity, it may be subject to repayment of the Grant Funds.
10. Work Products
a. For purposes of this MOU, “Work Products” shall mean all deliverables created or produced under this MOU including, but not limited to, all deliverables conceived or made either solely or jointly with others during the term of this MOU and during a period of six months after the termination thereof, which relates to the Project. Work Products shall not include real property or capital improvements. Work Products includes all deliverables, inventions, innovations, improvements, or other works of authorship Sub-Recipient or Consultant(s) may conceive of or develop in the course of this MOU, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection.
b. Sub-Recipient shall submit one (1) electronic copy of all Work Products associated with the Project to the assigned SCAG Project Manager.
c. SCAG shall own all Work Products and may, at its sole discretion, grant to Sub-Recipient a perpetual royalty-free, non-assignable, non-exclusive and irrevocable license to reproduce, publish or otherwise use Work Products related to the Project and developed as part of this MOU; provided, however, that any reproduction, publishing, or reuse of the Work Products will be at Sub-Recipient’s sole risk and without liability or legal exposure to SCAG.
11. Amendments
March 3, 2025 Special & Regular CC Mtg Page 244 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
No amendment or variation of the terms of this MOU shall be valid unless made in writing and signed by the Parties. If an amendment is to become effective before the date of full execution by the Parties, the effective date of such amendment shall be no earlier than the date that SCAG received the request.
12. Notices
Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other Party by the Party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses:
To SCAG: Cindy Giraldo
Chief Financial Officer
Southern California Association of Governments
900 Wilshire Blvd., Suite 1700
Los Angeles, CA 90017
(213) 630-1413
[email protected]
SCAG reserves the right to change this designation.
To Sub-Recipient: Erika Ramirez
Director of Community Development
City of San Fernando
117 Macneil St, San Fernando, CA 91340
(818) 898-1217
[email protected]
13. Insurance
a. Sub-Recipient, at their own expense, shall procure and maintain policies of insurance, or provide evidence of self-insurance, of the types and amounts below, for the duration of the MOU. The policies shall state they afford primary coverage.
Insurance Type Requirements Limits
General Liability Commercial General
Liability insurance with
coverage at least as broad as
Insurance Services Office
form CG 00 01.
Not less than $1,000,000 per occurrence,
$2,000,000 general aggregate, for bodily injury,
personal injury, and property damage. The policy
must include contractual liability that has not
been amended. Any endorsement restricting
standard ISO “insured contract” language will
not be accepted.
Automobile
Liability
Automobile insurance at
least as broad as Insurance
Services Office form CA 00
01. Covering bodily injury and property damage for
all activities of the Sub-Recipient arising out of or
in connection with work to be performed under
this MOU, including coverage for any owned,
hired, non-owned, or rented vehicles, in an
March 3, 2025 Special & Regular CC Mtg Page 245 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
amount not less than $1,000,000 combined single
limit for each accident.
Workers’
Compensation/
Employer’s Liability
Workers’ Compensation
insurance as required by the
State of California and
Employer’s Liability
Insurance. Not required for
sole proprietors or SubRecipients with no
employees.
Including Occupational Diseases in accordance
with California Law and Employers’ Liability
Insurance with a limit of not less than $1,000,000
each accident.
Professional
Liability Insurance
Professional Liability (Errors
and Omissions) insurance
appropriate to the SubRecipient’s profession.
With limits of not less than $1,000,000 per
occurrence. In addition, it shall be required that the
professional liability insurance policy remain in
effect for three (3) years after the Completion Date
of this MOU.
b. Higher Limits: no representation is made that the minimum insurance requirements of this MOU are sufficient to cover the indemnity or other obligations of Sub-Recipient under this MOU. c. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
i. SCAG, its officials, employees, and volunteers are to be covered as additional insureds, as respects to liability arising out of the activities performed by or on behalf of Sub-Recipient; products and completed operations of Sub-Recipient; premises owned, occupied or used by SubRecipient; or automobiles owned leased, hired or borrowed by Sub-Recipient. The coverage shall contain no special limitations on the scope of protection afforded to SCAG, its officials, and employees.
ii. For any claims related to the Project, Sub-Recipient’s insurance coverage shall be primary insurance as respects SCAG, its officials, and employees. Any insurance or self-insurance maintained by SCAG shall be excess of Sub-Recipient’s insurance and shall not contribute with it.
iii. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SCAG, its officials, and employees. iv. Sub-Recipient’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. d. The Workers’ Compensation and Employer’s Liability policies shall include a waiver of subrogation endorsement in favor of SCAG, its, officials, employees, and volunteers. e. Any deductibles or self-insured retentions in amounts over $10,000 must be declared to and approved by SCAG.
March 3, 2025 Special & Regular CC Mtg Page 246 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
f. Insurance is to be placed with California admitted insurers with a current A.M. Best’s rating of no less than A and be admitted, unless otherwise approved by SCAG. g. Sub-Recipient shall furnish SCAG with original endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be received and approved by SCAG before work commences. Upon request of SCAG at any time, Sub-Recipient shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
h. Sub-Recipient agrees to ensure that its Consultant(s) provide the same minimum insurance coverage and endorsements required of Sub-Recipient. Sub-Recipient agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. However, in the event Sub-Recipient’s Consultant(s) cannot comply with this requirement, which proof must be submitted to SCAG, SubRecipient shall be required to ensure that its Consultant(s) provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Consultant(s) scope of work and services, with limits less than required of the Sub-Recipient, but in all other terms consistent with the Sub-Recipient’s requirements under this MOU. This provision does not relieve Sub-Recipient of its contractual obligations under the MOU and/or limit its liability to the amount of insurance coverage provided by its Consultant(s). This provision is intended solely to provide Sub-Recipient with the ability to utilize Consultant(s) who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of SubRecipient under this MOU given the limited scope of work or services provided by the Consultant(s). Sub-Recipient agrees that upon request, all agreements with Consultant(s) will be submitted to SCAG for review.
14. Indemnification
Sub-Recipient shall fully defend, indemnify and hold harmless SCAG, its members, officers, employees, and agents from any and all claims, losses, liabilities, damages, expenses, suits or actions including attorneys’ fees, brought forth or arising under any theories or assertions of liability, occurring by or resulting from or otherwise related to the Project or this MOU. Such obligations shall not, however, extend to any claims, losses, liabilities, damages, expenses, suits, or actions that arise from SCAG’s gross negligence or willful misconduct.
15. Disputes
Except as otherwise provided in this MOU, any dispute arising under this MOU which is not resolved by mutual agreement shall be decided through binding arbitration by a three (3) member panel in accordance with the rules of the American Arbitration Association and as provided in this provision.
If this provision differs from the rules of the American Arbitration Association, then this provision shall control. Sub-Recipient shall continue with the responsibilities under this MOU during any dispute until the dispute is resolved. A judgment upon the award rendered by arbitration may be entered into any court having jurisdiction thereof. The arbitration panel shall have the authority to grant any remedy or relief that would have been available to the Parties had the matter been heard in a court of law. Following arbitration, the arbitration panel shall prepare a written decision containing March 3, 2025 Special & Regular CC Mtg Page 247 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
the essential findings and conclusions on which the award is based so as to ensure meaningful judicial review of the decision. All expenses and fees for the arbitrator and expenses for hearing facilities and other expenses of arbitration shall be borne equally by both Parties unless they agree otherwise or unless the arbitrator in the award assesses such expenses against one of the parties or allocates such expenses other than equally between the Parties. Either Party may bring an action in court to compel arbitration under this MOU and to enforce an arbitration award.
16. Noncompliance
a. In the event of nonperformance or noncompliance with any requirement of this MOU, including but not limited to Project eligibility, schedule, deliverables, or milestone timelines, as outlined in the most current fully executed SOW Approval Form, SCAG may:
i. Issue a written notice to stop work. If such notice is provided, Sub-Recipient and its Consultant(s) shall immediately cease all work under the MOU. SCAG has the sole discretion to determine that Sub-Recipient is in compliance with the terms and conditions after a stop work order, and to deliver a written notice to Sub-Recipient to resume work under this MOU. ii. Require repayment of the Project Funds or the Grant Funds. iii. Terminate this MOU pursuant to Section 17.
b. Notwithstanding the provisions set forth above, or any other provision contained in this MOU, no remedy conferred by any of the specific provisions of this MOU or the SOW Approval Form, is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy existing at law or in equity or by statute or otherwise.
17. Termination of MOU
a. Termination for Cancellation or Reduction in REAP 2.0 Funding. In the event HCD terminates or cancels funding to SCAG, this MOU is deemed to be terminated and SCAG shall be relieved of any and all obligations under this MOU as of the effective date of HCD’s termination. In the event HCD reduces funding to SCAG, SCAG shall have the unilateral right to stop work, proportionally reduce funding to Sub-Recipient or terminate this MOU.
b. Termination for Convenience. Either Party may terminate this MOU at any time by giving written notice to the other party of such termination at least thirty (30) calendar days before the effective date of such termination. Should SCAG terminate the MOU for convenience, upon receipt of the notice of termination, Sub-Recipient shall immediately take action to avoid incurring any additional obligation costs or expenses except as may be necessary to terminate its activities or the activities of its Consultant(s). SCAG shall pay Sub-Recipient its reasonable and allowable costs through the effective date of termination and is not liable for any expenses after termination, including any costs associated with Consultant(s). In such event, all finished or unfinished Work Products shall be provided to SCAG.
March 3, 2025 Special & Regular CC Mtg Page 248 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
c. Termination for Cause. If through any cause, either Party shall fail to timely and adequately fulfill its obligations under this MOU, or if either Party violates any of the covenants, terms, or stipulations of this MOU, the non-breaching Party shall thereupon have the right to terminate the MOU by giving not less than ten (10) calendar days written notice to the breaching Party of the intent to terminate and specifying the effective date thereof. The non-breaching Party shall provide a reasonable opportunity for the breaching Party to cure prior to termination. In no event shall such opportunity to cure extend beyond the term of the MOU. In the event that SCAG invokes this termination for cause provision, Sub-Recipient shall reimburse SCAG for all funds provided for the Project and all finished or unfinished Work Products shall be provided to SCAG at its option.
18. Records Retention
a. Sub-Recipient and its Consultant(s) shall maintain and make available, in accordance with Section 19 of this MOU, all source documents, books and records connected with the Project, documentation of its normal procurement policy and competitive procurement bid process and completed procurements related to the Project, all work performed under this MOU, all evidence of environmental clearance, and evidence demonstrating the funding was used for the appropriate purposes for a minimum of five (5) years after December 31, 2026. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats. b. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been started before the expiration of the required record retention period, all records shall be retained and made available by Sub-Recipient and its Consultant(s) for five (5) years after: (a) the conclusion or resolution of the matter; (b) the date an audit resolution is achieved for each annual SCAG OWP; or (c) December 31, 2026, whichever is later.
19. Monitoring and Audits
a. SCAG may monitor expenditures and activities of Sub-Recipient and its Consultant(s) as SCAG deems necessary to ensure compliance with the MOU, the Statutes, the REAP 2.0 Guidelines and the Program Guidelines.
b. At any time during the term of this MOU, SCAG, HCD, the California Department of General Services, the California Bureau of State Audits, or their designated representatives may perform or cause to be performed a financial audit of any and all phases of the Project. At their request, Sub-Recipient shall provide, at its own expense, a financial audit prepared by an independent certified public accountant.
c. Sub-Recipient agrees that SCAG, HCD, the California Department of General Services, the California Bureau of State Audits, or their designated representatives shall have the right to review, obtain, and copy all records and supporting documentation related to the performance of this MOU. Sub-Recipient agrees to provide any relevant information requested. Copies shall be made and furnished to SCAG upon request at no cost to SCAG.
d. Sub-Recipient agrees to permit SCAG, HCD, the California Department of General Services, the California Bureau of State Audits, or their designated representatives access to its premises, upon March 3, 2025 Special & Regular CC Mtg Page 249 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this MOU, the Statutes, the REAP 2.0 Guidelines, or applicable state and federal laws, rules, and regulations. e. If there are audit findings from SCAG or HCD’s audit, Sub-Recipient must submit a detailed response acceptable to SCAG or HCD for each audit finding within ninety (90) days of the audit finding report.
20. Small Business and Disabled Veteran Business Enterprise Participation a. If for this MOU Sub-Recipient made a commitment to achieve small business participation, then Sub-Recipient must within 60 days of receiving final payment under this MOU (or within such other time period as may be specified elsewhere in this MOU) report to SCAG the actual percentage of small business participation that was achieved. (Gov. Code § 14841.) b. If for this MOU Sub-Recipient made a commitment to achieve disabled veteran business enterprise (“DVBE”) participation, then Sub-Recipient must within 60 days of receiving final payment under this MOU (or within such other time period as may be specified elsewhere in this MOU) certify in a report to SCAG: (1) the total amount the Sub-Recipient received under the MOU; (2) the name and address of the DVBE(s) that participated in the performance of the MOU; (3) the amount each DVBE received from the Sub-Recipient; (4) that all payments under the MOU have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (M&V Code § 999.5(d); Gov. Code § 14841.)
21. Compliance with Laws, Rules, and Regulations
a. Sub-Recipient agrees to comply with all federal, state, and local laws, rules, and regulations applicable to this MOU.
b. Non-Discrimination/Equal Employment Opportunity
i. During the performance of this MOU, Sub-Recipient assures that no person shall be denied the MOU’s benefits, be excluded from participation or employment, be denied Project benefits, or be subjected to discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, under the Project or any program or activity funded by this MOU, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 U.S.C. §§ 3601-20) and all implementing regulations, the Americans with Disabilities Act (“ADA”) of 1990 (42 U.S.C. §§ 12101 et seq.) and all applicable regulations and guidelines issued pursuant to the ADA, and the Age Discrimination Act of 1975 and all implementing regulations. Sub-Recipient shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
March 3, 2025 Special & Regular CC Mtg Page 250 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
ii. Sub-Recipient shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs. tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by HCD to implement such article.
iii. Sub-Recipient shall permit access by representatives of the Department of Fair Employment and Housing, SCAG, and HCD upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as the Department of Fair Employment and Housing, SCAG, or HCD shall require to ascertain compliance with this Section. iv. Sub-Recipient shall give written notice of its obligations under this Section to labor organizations with which they have a collective bargaining or other agreement. v. Sub-Recipient shall adopt and implement affirmative processes and procedures that provide information, outreach, and promotion of opportunities in the Project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 C.F.R. § 92.351. c. Recycling Certification. Sub-Recipient shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to SCAG regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code § 12205).
d. Anti-Trust Claims. Sub-Recipient, by signing this MOU, hereby certifies that if these services or goods are obtained by means of a competitive bid, the Sub-Recipient shall comply with Title 1, Division 5, Chapter 11 of the California Government Code (Gov. Code §§ 4550-4554). e. Child Support Compliance Act. If the Grant Funds provided under this MOU are in excess of $100,000, Sub-Recipient acknowledges in accordance with Public Contract Code 7110, that:
i. Sub-Recipient recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
March 3, 2025 Special & Regular CC Mtg Page 251 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
ii. Sub-Recipient, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. f. Priority Hiring Considerations. If this MOU includes services in excess of $200,000, the SubRecipient shall give priority consideration in filling vacancies in positions funded by the MOU to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
g. Loss Leader. If this MOU involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC § 10344(e).)
22. Public Works and Construction
The Grant Funds shall not be used for public works projects. Services constituting public works are described in California Labor Code Sections 1720-1861, as may be amended or recodified by legislative action from time-to-time. The use of Grant Funds for a public works project shall be a breach of this MOU.
23. Conflict of Interest
The Parties shall comply with all applicable Federal and State conflict of interest laws, regulations, and policies.
24. Independent Contractor
Sub-Recipient and its Consultant(s) shall be independent contractors in the performance of this MOU, and not officers, employees, or agents of SCAG.
25. Assignment
Neither Party shall assign any rights or interests in this MOU, or any part thereof, without the written consent of each Party to this MOU, which consent may be granted, withheld, or conditioned in the consenting Party’s sole and absolute discretion. Any assignment without such written consent shall be void and unenforceable. The covenants and agreement of this MOU shall inure to the benefit of and shall be binding upon each of the Parties and their respective successors and assignees.
26. Release of Information
a. Subject to any provisions of law, including but not limited to the California Public Records Act, any Work Product or materials deemed confidential by either Party shall be held confidential by the receiving Party who shall safeguard such confidential materials from unauthorized disclosure, using the same standard of care to avoid disclosure as the receiving Party treats its confidential information, but in no case less than reasonable care. Nothing furnished to either Party which is otherwise known or is generally known, or has become known, to the related industry shall be March 3, 2025 Special & Regular CC Mtg Page 252 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
deemed confidential.
b. Sub-Recipient shall not release any information or Work Products to a third party or otherwise publish or utilize any information or Work Products obtained or produced by it as a result of or in connection with the performance of services under this MOU without the prior written authorization of SCAG, except as provided under this MOU or as required by law (including, without limitation, pursuant to the California Public Records Act). c. All public-facing communications materials relating to this MOU, or its subject matter, shall acknowledge SCAG. Communications materials include, but are not limited to, site signage, printed information materials, print and online publications, websites, advertisements, video, public service announcements, social media postings, events, media advisories, news releases, and all other related materials.
d. To ensure consistency of public information about SCAG programs and funded work products, Sub-Recipient is required to notify and coordinate with SCAG Project Manager who will coordinate with SCAG’s Manager of Media & Public Affairs or a specified designee on any media inquiries or plans for proactively providing information to media outlets. e. All communication materials must be provided to SCAG Project Manager prior to completion so that inclusion of this element can be confirmed.
27. Non-Exclusivity
Nothing herein is intended nor shall be construed as creating an exclusive arrangement between SCAG and Sub-Recipient. This MOU shall not restrict SCAG from acquiring similar, equal or like services from other entities or sources.
28. Severability
If any provision of this MOU is held to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.
29. Survival
The following sections survive expiration or termination of this MOU:
Section 5 (Funding)
Section 10 (Work Products)
Section 12 (Notices)
Section 13 (Insurance)
Section 14 (Indemnification)
Section 15 (Disputes)
Section 18 (Records Retention)
Section 19 (Monitoring and Audits)
Section 21 (Compliance with Laws, Rules, and Regulations) March 3, 2025 Special & Regular CC Mtg Page 253 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
Section 22 (Public Works and Construction)
Section 23 (Conflict of Interest)
Section 26 (Release of Information)
Section 31 (Jurisdiction and Venue)
Section 32 (Waiver)
30. Flow-Down Provisions
Sub-Recipient shall include the following provisions in all agreements entered into containing funds provided under this MOU, require the provisions below that survive expiration or termination of this MOU to survive, and shall include a requirement in all agreements that each of them in turn include the requirements in all contracts and subcontracts they enter into to perform work under the Project.
SCAG does not have a contractual relationship with Sub-Recipient’s Consultant(s), and Sub-Recipient shall be fully responsible for monitoring and ensuring compliance with these provisions.
Section 3.c. (Scope of Work and Sub-Recipient’s Responsibilities – nexus to REAP 2.0) Section 3.e. – 3.g. (Scope of Work and Sub-Recipient’s Responsibilities – procurements) Section 3.k. (Scope of Work and Sub-Recipient’s Responsibilities – penalty of perjury) Section 5.e. (Funding – repayment of ineligible costs)
Section 6 (Invoices)
Section 7 (Reporting)
Section 8 (Accounting)
Section 9 (Allowable Uses of Grant Funds)
Section 10 (Work Products)
Section 13 (Insurance)
Section 14 (Indemnification)
Section 18 (Records Retention)
Section 19 (Monitoring and Audits)
Section 20 (Small Business and Disabled Veterans Business Enterprise Participation) Section 21 (Compliance with Laws, Rules, and Regulations) Section 22 (Public Works and Construction)
Section 23 (Conflict of Interest)
Section 24 (Independent Contractor)
Section 25 (Assignment)
Section 26 (Release of Information)
Upon SCAG’s request, Sub-Recipient shall provide SCAG a copy of any such agreement.
31. Jurisdiction and Venue
This MOU shall be deemed an agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. Subject to the provisions in Section 15, the Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought thereunder shall be Los Angeles County, California.
32. Waiver
March 3, 2025 Special & Regular CC Mtg Page 254 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
No delay or failure by either Party to exercise or enforce at any time any right or provision of this MOU shall be considered a waiver thereof of such Party’s right thereafter to exercise or enforce each and every right and provision of this MOU. A Waiver to be valid shall be in writing but need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver.
33. Standard of Care
Sub-Recipient and its Consultant(s) shall perform the work required for the Project under this MOU in accordance with generally accepted industry standards, practices, and principles applicable to such work.
34. Force Majeure
Neither Party shall be liable or deemed to be in default for any delay or failure in performance under this MOU or interruption of services resulting, directly or indirectly, from acts of nature, civil or military authority, acts of public enemy, war, strikes, labor disputes, pandemics, or any other similar cause beyond the reasonable control of the Parties, provided that the Party seeking to delay or excuse its performance as a result of such event shall notify the other Party in writing of such circumstances within not more than ten (10) days following the first occurrence of the event forming the basis of the delay or excuse of performance. In the event that the Party seeking to delay or excuse its performance fails to timely deliver the notice described in the previous sentence, then such event shall not relieve the Party from its timely performance.
35. Entire MOU
This MOU, comprised of these terms and conditions, the attached exhibits, and any properly executed amendments, represents and contains the entire agreement of the Parties with respect to the matters set forth herein. This MOU supersedes any and all prior negotiations, discussions and, if any, previous agreements between the Parties with respect to the matters set forth herein.
36. Execution
This MOU, or any amendments related thereto, may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement.
The signature page of this MOU or any amendments may be executed by way of a manual or authorized digital signature. Delivery of an executed counterpart of a signature page to this MOU or an amendment by electronic transmission scanned pages shall be deemed effective as a delivery of a manually or digitally executed counterpart to this MOU or any amendment.
37. Effective Date
This MOU shall be effective as of the last date on which the document is executed by all Parties.
38. Authority
March 3, 2025 Special & Regular CC Mtg Page 255 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
Sub-Recipient warrants and certifies that it possesses the legal authority to execute this MOU and to undertake the Project, and, if applicable, that a resolution, motion, or similar action has been fully adopted or passed, as an official act of Sub-Recipient's governing body, authorizing receipt of the Grant Funds, and directing and designating the authorized representative(s) of Sub-Recipient to act in connection with the Project and to provide such additional information as may be required by SCAG. [The remainder of this page is intentionally left blank. Signatures on following page.] March 3, 2025 Special & Regular CC Mtg Page 256 of 462
MOU No. :M-0XX-25
SCAG Project/OWP No. :305-4925.01 and
305-4927.04
SIGNATURE PAGE TO
MEMORANDUM OF UNDERSTANDING
NO. M-0XX-2X
IN WITNESS WHEREOF, the Parties have caused this Memorandum of Understanding to be executed by their duly authorized representatives as of the dates indicated below:
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (“SCAG”) By: _______________________________________________ _________________ Cindy Giraldo Date
Chief Financial Officer
APPROVED AS TO FORM:
By: _______________________________________________ _________________ Richard Lam Date
Senior Deputy Legal Counsel
City of San Fernando (“Sub-Recipient”)
By: _______________________________________________ _________________ Nick Kimball Date
City Manager
APPROVED AS TO FORM:
By: _______________________________________________ _________________ Richard Padilla Date
City Attorney
March 3, 2025 Special & Regular CC Mtg Page 257 of 462
This Page
Intentionally
Left Blank
March 3, 2025 Special & Regular CC Mtg Page 258 of 462
March 3, 2025 Special & Regular CC Mtg Page 259 of 462
This Page
Intentionally
Left Blank
March 3, 2025 Special & Regular CC Mtg Page 260 of 462
AGENDA REPORT
POLICE DEPARTMENT 910 FIRST STREET, SAN FERNANDO, CA 91340 (818) 898-1250 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Fabian Valdez, Police Chief
Walter Dominguez, Acting Operations Commander
Date: March 3, 2025
Subject: Consideration to Approve a Second Reading to Adopt Ordinance No. 1731 Adopting a Military Equipment Use Policy Governing the Use of Military Equipment Pursuant to Assembly Bill 481
RECOMMENDATION:
It is recommended that the City Council adopt Ordinance No. 1731 (Attachment “A”) that was introduced for first reading at the City Council meeting of February 18, 2025, in title only, and waive all further readings, “An Ordinance of the City Council of the City of San Fernando, California, adopting a Military Use Equipment Policy (Exhibit “A” to Attachment “A”) governing the use of military equipment pursuant to Assembly Bill (AB) 481.” BACKGROUND:
1. On September 30, 2021, Governor Gavin Newsom signed into law AB 481 relating to the use of "military equipment" by law enforcement agencies in California.
2. On April 27, 2022, the Police Department posted the proposed military equipment policy on the City’s website as part of a 30-day public review period prior to any public hearing as part of the transparency process to solicit public feedback, pursuant to AB 481.
3. On June 1, 2022, the Police Department presented the proposed military equipment policy to the Transportation and Public Safety Commission.
4. On July 5, 2022, a public hearing was held to consider adopting an ordinance approving the proposed military equipment policy, governing the use of military equipment. There were no public comments submitted, and the City Council voted unanimously to approve introduction for first reading, in title only, and waive further reading of Ordinance No. 1711 titled, “An Ordinance of the City Council of the City of San Fernando, California, adopting a Military Equipment Policy governing the use of military equipment pursuant to Assembly Bill 481.” March 3, 2025 Special & Regular CC Mtg Page 261 of 462
Consideration to Approve a Second Reading to Adopt Ordinance No. 1731 Adopting a Military Equipment Use Policy Governing the Use of Military Equipment Pursuant to Assembly Bill 481
5. On July 18, 2022, the City Council adopted Ordinance No. 1711, “An Ordinance of the City Council of the City of San Fernando, California, adopting a Military Equipment Policy, governing the use of military equipment pursuant to Assembly Bill 481” as it was introduced on July 5, 2022, and waived further reading of the ordinance.
6. On December 15, 2023, the Police Department’s 2023 Annual Military Equipment Use Report was posted on the City’s website for public comment, in accordance with AB 481.
7. On January 4, 2024, the Police Department hosted a community engagement forum during the Transportation and Public Safety Commission meeting. The Department presented a summary of the 2023 Annual Military Equipment Report and Policy update, followed by an open forum for public comment and questions. To ensure transparency and public participation, the presentation was announced on the City’s website and promoted through the City’s social media channels.
8. On February 5, 2024, the City Council adopted Ordinance No. 1721, “An Ordinance of the City Council of the City of San Fernando, California, adopting a Military Equipment Policy governing the use of military equipment pursuant to Assembly Bill 481” and approved the 2023 Annual Military Equipment Report.
9. On January 10, 2025, the Police Department posted the proposed 2024 Annual Military Equipment Use Report on the City’s website as part of a 30-day public review period prior to any public hearing as part of the transparency process to solicit public feedback, pursuant to AB 481.
10. On January 30, 2025, a Notice of Public Hearing (Attachment “C”) was published in the San Fernando Sun newspaper and was posted at the front entrance of City Hall.
11. On February 6, 2025, the Police Department hosted a community engagement forum during the Transportation and Public Safety Commission meeting. The Department presented a summary of the 2024 Annual Military Equipment Report and Policy update, followed by an open forum for public comment and questions. To ensure transparency and public participation, the presentation was announced on the City’s website and promoted through the City’s social media channels.
12. On February 18, 2025, the City Council conducted a public hearing and voted unanimously to approve the 2024 Annual Military Equipment Report (Attachment “D”), and introduced for first reading Ordinance No. 1731 titled, “An Ordinance of the City Council of the City of San Fernando, California, adopting a Military Equipment Policy governing the use of military equipment pursuant to Assembly Bill 481.”
March 3, 2025 Special & Regular CC Mtg Page 262 of 462
Consideration to Approve a Second Reading to Adopt Ordinance No. 1731 Adopting a Military Equipment Use Policy Governing the Use of Military Equipment Pursuant to Assembly Bill 481
ANALYSIS:
AB 481 is designed to enhance transparency, oversight, and public involvement in the decision-making processes related to the funding, acquisition, and utilization of military equipment by California law enforcement agencies. AB 481 requires that the Department report annually on the inventory, procurement, use, and misuse of covered military equipment items.
The 2024 Annual Military Equipment Report also includes a description of new military equipment for which the Department seeks City Council approval for acquisition and funding.
AB 481 requires law enforcement agencies to post policies on military equipment for a 30-day period for public review prior to a public hearing to adopt the policy. Additionally, AB 481 mandates annual reporting on the military equipment outlined in the policy and requires at least one well publicized and conveniently located annual community engagement meeting to discuss the findings presented in the annual report.
AB 481 Annual Reporting Requirements (Government Code 7072).
AB 481 establishes annual reporting requirements within Government Code 7072. The Department’s Military Use Policy Annual Report to the City Council requires reporting of each type of equipment used within the year and annual reporting thereafter. The annual report requires the following:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Department is committed to placing the community’s safety first by using various public safety tools and equipment that have been proven effective in enhancing safety. To that end, a number of items defined by AB 481 as military equipment, as outlined below, are currently utilized by the Department and many agencies throughout Los Angeles County. These items provide officers with critical tools and the ability to safely resolve dynamic and volatile situations that may otherwise rise to the level of a lethal encounter. These tools and equipment, combined with the current departmental military equipment policy, are a key component to facilitating compliance with the Department’s Use of Force Policy.
March 3, 2025 Special & Regular CC Mtg Page 263 of 462
Consideration to Approve a Second Reading to Adopt Ordinance No. 1731 Adopting a Military Equipment Use Policy Governing the Use of Military Equipment Pursuant to Assembly Bill 481
It is important to understand that the term “military equipment” as used within AB 481 does not necessarily indicate equipment that has been used or provided by the military. In fact, the Department does not have any equipment currently in use that has been obtained from the military or its Federal 1033 program, which provides surplus equipment to law enforcement.
AB 481 Definition of Military Equipment (Government Code 7070).
AB 481 has created Government Code 7070 to designate the following 15 categories of items as military equipment:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
3. High Mobility Multipurpose Wheeled Vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. Unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. Items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. Standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. Standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
March 3, 2025 Special & Regular CC Mtg Page 264 of 462
Consideration to Approve a Second Reading to Adopt Ordinance No. 1731 Adopting a Military Equipment Use Policy Governing the Use of Military Equipment Pursuant to Assembly Bill 481
14. The following projectile launch platforms and their associated munitions: 40 mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
The Department is currently in possession of items in Categories 10, 11, 12 and 14 from the aforementioned list. The current policy authorizes the Department to use the equipment that was listed in the Military Equipment Inventory (Exhibit “A” to Attachment “A”, Section 706.4) at time of adoption only. Future equipment identified as military equipment, but not included in the current policy will require prior City Council approval before it can be purchased or deployed by the Department.
The Military Equipment Use Policy and the attached 2024 Annual Military Equipment Report (as summarized below) were developed in consultation with the City Attorney’s Office, who reviewed and approved the documents as to content and form prior to release on the City’s website.
AB 481 Approval of the Military Equipment Use Policy (Government Code 7071).
California Government Code Section 7071(d)(1) states the following:
“The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
Response: The items identified in the current policy and currently possessed by the Department are industry standard equipment that serve a unique and specific purpose. To staff’s knowledge, no viable alternative equipment currently exists to achieve the respective objectives of this equipment.
(B) The current military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
Response: The military equipment in the current policy and currently possessed by the Department will safeguard the public’s welfare, safety, and civil rights by ensuring that San Fernando Police Officers have the proper equipment to appropriately respond to violent and/or unusual incidents (e.g. active shooters) or incidents involving large and riotous/unruly crowds (e.g. civil unrest).
March 3, 2025 Special & Regular CC Mtg Page 265 of 462
Consideration to Approve a Second Reading to Adopt Ordinance No. 1731 Adopting a Military Equipment Use Policy Governing the Use of Military Equipment Pursuant to Assembly Bill 481
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
Response: The military equipment identified in the current policy complied with the City’s purchasing policy and was cost effective at the time of purchase as it was procured through a competitive process. The Department is not currently seeking to purchase any additional equipment as outlined in Assembly Bill 481.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.”
Response: All prior military equipment use complied with the City’s policies that were in effect at the time. Additionally, all items currently in possession of the Department have been approved during the associated budgetary periods commensurate with the items purchased.
AB 481 Funding, Acquisition and Use of Military Equipment (Government Code 7071).
In accordance with California Government Code Section 7071(a)(1), the adoption of a Military Equipment Use Policy by ordinance, allows the Department, with the approval from City Council, to do the following:
(A) Request military equipment identified in the Policy and made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seek funds for military equipment identified in the Policy, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in- kind donations, or other donations or transfers.
(C) Acquire military equipment identified in the Policy, either permanently or temporarily, including by borrowing or leasing.
(D) Collaborate with another law enforcement agency in the deployment or other use of military equipment identified in the Policy within the territorial jurisdiction of the governing body. (E) Use any new or existing military equipment identified in the Policy for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Solicit or respond to a proposal for, or enter into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment identified in the Policy.
(G) Acquire military equipment identified in the Policy through any means not provided by this paragraph.
March 3, 2025 Special & Regular CC Mtg Page 266 of 462
Consideration to Approve a Second Reading to Adopt Ordinance No. 1731 Adopting a Military Equipment Use Policy Governing the Use of Military Equipment Pursuant to Assembly Bill 481
The Department’s 2024 Annual Military Equipment Report contains the following information:
1. A description of the Department’sspecialized firearms and ammunitions including a quantity, capabilities, and purchase cost;
2. A summary of the purpose of the equipment;
3. A description of who is authorized to use the equipment;
4. The expected life span of the equipment;
5. The annual cost to maintain the equipment;
6. Training required to use the equipment;
7. The legal and procedural rules for using the equipment; and
8. A summary of complaints or concerns about the equipment, the results of any internal audits, and information about any violations of the use policy.
As provided in the 2024 Annual Military Equipment Report:
(1) Complaints or Concerns: There were no annual complaints or concerns reported on the use of the equipment in this Policy.
(2) Internal Audit: The Department conducted an internal audit and determined that there were no violation(s) of the Policy.
(3) Intention to Purchase Additional Equipment: The Department does not intend to purchase any military equipment in 2025.
(4) Equipment Usage for 2024: On May 25, 2024, a 40mm less-lethal launcher was deployed and utilized in response to an active shooter situation in the 1900 block of Warren Street. Three 40mm sponge projectiles were discharged; the initial two rounds failed to hit the suspect, while the third round struck the suspect, who was not adhering to the officers’ directives to surrender peacefully following the shooting of several individuals and at a hovering police helicopter.
Public Notification and Review.
A Notice of Public Hearing (Attachment “C”) was published in the San Fernando Valley Sun Newspaper and notification posted at the front entrance of City Hall on January 30, 2025. The Department released the 2024 Annual Military Equipment Report to the community via its webpage on January 10, 2025, for public comment, in accordance with AB 481. There were no public comments received.
March 3, 2025 Special & Regular CC Mtg Page 267 of 462
Consideration to Approve a Second Reading to Adopt Ordinance No. 1731 Adopting a Military Equipment Use Policy Governing the Use of Military Equipment Pursuant to Assembly Bill 481
BUDGET IMPACT:
There is no budget impact associated with approval of this ordinance. Military equipment identified in the Policy is purchased through the Department’s annual operating budget as adopted by the City Council.
CONCLUSION:
It is recommended that the City Council approve for second reading, in title only, and waive all further readings to adopt Ordinance No. 1731 (Attachment “A”) titled, “An Ordinance of the City Council of the City of San Fernando, California, adopting a Military Equipment Policy (Exhibit “A” to Attachment “A”) governing the use of military equipment pursuant to Assembly Bill (AB) 481.” ATTACHMENTS:
A. Ordinance No. 1731, including:
Exhibit “A”: San Fernando Police Department Military Equipment Policy B. Public Hearing Notice
C. 2024 Annual Military Equipment Report (provided digitally through weblink) March 3, 2025 Special & Regular CC Mtg Page 268 of 462
ATTACHMENT “A”
ORDINANCE NO. 1731
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO,
CALIFORNIA, ADOPTING A MILITARY EQUIPMENT POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 became effective January 1, 2022, and is codified at Sections 7070 through 7075 of Chapter 12.8 to Division 7 of Title 1 of the California Government Code; and WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the term “military equipment” is defined in California Government Code Section 7070; and
WHEREAS, AB 481 requires, among other things, that a law enforcement agency obtain approval of the governing body, by an ordinance adopting a military equipment use policy that includes a description of the equipment, quantity, capabilities, expected lifespan, purposes and authorized uses, fiscal impact, legal and procedural rules governing authorized uses, required training, and mechanisms to ensure compliance with the agency’s use policy, prior to taking certain actions relating to the funding, acquisition or use of military equipment, including military equipment acquired prior to January 1, 2022; and
WHEREAS, the San Fernando Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481; and WHEREAS, the San Fernando Police Department has prepared a proposed Military Equipment Policy, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, pursuant to Government Code section 7071(a)(2), if seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, the San Fernando Police Department was obligated to, and has met the requirement, of commencing a City Council approval process for the Military Equipment Policy no later than December 16, 2023; and WHEREAS, the San Fernando Police Department made the proposed Military Equipment Policy available on the Police Department’s website for at least 30 days prior to the first public meeting concerning the proposed Military Equipment Policy on January 16, 2024; and March 3, 2025 Special & Regular CC Mtg Page 269 of 462
ORD NO. 1731
2 WHEREAS, as required by AB 481, the City Council determines as follows:
(a) the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
(b) the proposed Military Equipment Policy will safeguard the public’s health, welfare, safety, civil rights, and civil liberties; and
(c) the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and (d) prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, as further required by Government Code section 7071(a)(2), if the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a Military Equipment Policy, within 180 days of submission of the proposed Military Equipment Policy to City Council, the San Fernando Police Department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this Ordinance; and WHEREAS, the Military Equipment Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and WHEREAS, the City Council of the City of San Fernando, having received the information required under AB 481 regarding the San Fernando Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated into this Ordinance.
SECTION 2. Approval of Military Equipment Policy. The City Council, having received the information required under AB 481 regarding the San Fernando Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby approves the Military Equipment Policy attached hereto as Exhibit “A.” The Military Equipment Policy shall govern the approval, acquisition, use and reporting of military equipment by the San Fernando Police Department.
March 3, 2025 Special & Regular CC Mtg Page 270 of 462
ORD NO. 1731
3 SECTION 3. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION 4. Uncodified Ordinance. This Ordinance shall not be codified in the San Fernando Municipal Code unless and until the City Council so ordains.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. Effective Date. In accordance with Government Code section 36937, this ordinance shall take effect and be in force thirty (30) days from passage and adoption.
SECTION 7. Certification. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance by the City Council and shall cause it to be published or posted as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Fernando this 3rd day of March, 2025.
Mary Mendoza, Mayor of the City of
San Fernando, California
ATTEST:
Julia Fritz, City Clerk
APPROVED AS TO FORM:
Richard A. Padilla, City Attorney
March 3, 2025 Special & Regular CC Mtg Page 271 of 462
ORD NO. 1731
4 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 1731 which was introduced on the 18th day of February, 2025, and adopted by the City Council of the City of San Fernando, California at a regular meeting thereof held on the 3rd day of March, 2025, by the following vote of the City Council:
AYES:
NAYS:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of March, 2025.
Julia Fritz, City Clerk
March 3, 2025 Special & Regular CC Mtg Page 272 of 462
Policy
706
San Fernando Police Department
San Fernando PD Policy Manual
Copyright Lexipol, LLC 2025/02/10, All Rights Reserved.
Published with permission by San Fernando Police
Department
Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 273 of 462
San Fernando Police Department
San Fernando PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/10, All Rights Reserved.
Published with permission by San Fernando Police
Department
Military Equipment - 2
706.2 POLICY
It is the policy of the San Fernando Police Department that employees of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate an employee of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of San Fernando Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
Heckler & Koch 9mm submachine guns
40mm Less Lethal Launcher
40mm Exact Impact Sponge Round
40mm Spede-heat long range Chlorobenzaldehyde Malononitrile (CS) Tear Gas Munition 40mm Ferret CS Munition
40mm Bean Bag Munition
12 gauge Shotgun Less Lethal Bean Bag Munition
ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 274 of 462
San Fernando Police Department
San Fernando PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/10, All Rights Reserved.
Published with permission by San Fernando Police
Department
Military Equipment - 3
12 gauge Shotgun Ferret CS Munition
Pepperball launcher
Pepperball CS Munition
Unmanned aerial vehicle (drone)
Colt M4 Carbine Full Auto.223 Caliber Capability
For specific detail, see the following attachment: See attachment: Military Equipment Policy Attachment clean2.pdf
The attachment referred to in policy section 706.4 above provides detail related to the description of each category of equipment/supply, quantity, capability, expiration date, purpose, product description, cost impact and policy reference for use. Less lethal weapon training shall be completed in compliance with policy section 304, Control Devices and Techniques. Training shall be provided by POST-certified less lethal instructors in compliance with approved POST-certified course outlines for less lethal weapons. Training for the M-4 rifle and submachine gun will be provided by POST-certified rifle and submachine gun instructors following POST-certified course outlines. All drone (unmanned aerial vehicle) operators will be certified in the Part 107 pilot course as required by the FAA.
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 275 of 462
San Fernando Police Department
San Fernando PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/10, All Rights Reserved.
Published with permission by San Fernando Police
Department
Military Equipment - 4
(g) Acquiring military equipment through any means not provided above.
It will be the practice of the Department to replace damaged equipment in order to maintain the equipment levels as specified in policy section 706.4 above. As equipment is deployed or utilized in compliance with this policy or if such equipment exhausts its useful life, the Department will replace that equipment. The Department will endeavor to maintain supplies of equipment at 50% of supply levels as established in the attachment referred to in policy section 706.4 above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any employee of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department or operating in a law enforcement capacity in conjunction with this Department shall comply with their respective military equipment use policies in rendering mutual aid.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in Department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Any complaints regarding the use of equipment or to express support for equipment use may be submitted as outlined in Policy 1009 - Personnel Complaints.
ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 276 of 462
San Fernando PD Policy Manual
Copyright Lexipol, LLC 2025/02/10, All Rights Reserved.
Published with permission by San Fernando Police
Department
Attachments - 5
Attachments
ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 277 of 462
Attachment
San Fernando PD Policy Manual
Copyright Lexipol, LLC 2025/02/10, All Rights Reserved.
Published with permission by San Fernando Police
Department
Military Equipment Policy Attachment
clean2.pdf - 6
Military Equipment Policy Attachment clean2.pdf
Military Equipment Policy Attachment clean2.pdf
ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 278 of 462
1. Specialized Firearms and Ammunition (Equipment Category 10) a. Description, quantity, capabilities, and purchase cost:
I. The carbine rifle is a firearm capable of accurately stopping an armed subject at various distances. The carbine rifle is a lightweight, air-cooled, gas-operated, magazine-fed, shoulder-fired weapon designed for semiautomatic and selective fire. The carbine rifle does not have an expiration date and needs to be serviced or replaced when the rifle fails or breaks.
The .223 Remington/5.56mm NATO ammunition is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. These carbine rifles use ammunition already used by standard-issued patrol rifles. Colt AR-15 M4 Carbine | cost: $3.000 | quantity: 4 II. The submachine gun is a firearm capable of accurately stopping an armed subject in a variety of conditions and at various distances. The submachine gun is a lightweight and compact firearm designed to match firepower while also having the capability to clear enclosed or closecombat spaces. The submachine gun does not have an expiration date and needs to be serviced or replaced when the submachine gun fails or breaks. These submachine guns use ammunition already used by standard-issued 9mm handguns. Heckler & Koch MP5 submachine gun | cost: $3,000 | quantity: 8
III. The sniper rifle is a firearm capable of precision accuracy and is used to stop an armed subject from a safe distance. The sniper rifle can also be outfitted with a suppressor to reduce hearing damage in confined spaces.
The projectile used by this rifle is capable of penetrating soft body armor being worn by armed subjects. The sniper rifle does not have an expiration date and needs to be serviced or replaced when the rifle fails or breaks. This rifle uses .308 Winchester ammunition which is not standard issue and is listed below. TacOps suppressed sniper rifle | cost:
$16,400 | quantity: 2
IV. The .308 Winchester is a rimless, bottlenecked rifle cartridge. This ammunition is deployed during potentially lethal encounters at longer distances. The 168 grain projectile maintains accuracy, while resulting in higher impact velocities and more energy on target to stop a violent threat. Federal Gold Medal MatchKing 168 grain boat-tail hollow-point | cost $200 | quantity: 50
b. Purpose:
To be used as special weapons to address potentially deadly threats with more precision, handle close quarter situations/confined spaced, and/or deployment at greater distances than a handgun, if weapon systems are present and feasible to use in that particular situation.
c. Authorized Use:
Only personnel that are POST certified as operators or instructors, or personnel designated by the Chief of Police as authorized to use the above specifically mentioned rifles, submachine guns, and munitions.
d. Expected Lifespan:
I. Carbine Rifle – no expiration
ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 279 of 462
II. Submachine Gun – no expiration
III. Sniper Rifle – no expiration
IV. .308 Winchester 168 grain Rifle Ammunition – no expiration e. Fiscal Impact:
I. Carbine Rifle – estimated $0 - $1,000 annually
II. Submachine Gun – estimated $0 - 2,000 annually
III. Sniper Rifle – estimated $0 - $2,000 annually
IV. .308 Winchester 168 grain Rifle Ammunition – estimated $0 - $10,000 f. Training:
Personnel operating the above mentioned rifles and machine guns receive POST certified training as an operator or instructor and complete annual training and qualifications to maintain certification.
g. Legal and Procedural Rules:
Use of the above mentioned rifles, machine guns, and munitions is established under policy and procedure manual. It is the policy of the San Fernando Police Department to utilize this equipment only for official law enforcement purposes, according to State and Federal law.
2. PepperBall Launcher (Category 11)
a. Description, quantity, capabilities, and purchase cost:
This system uses high pressure to deliver PAVA (Pelargonyl Vanillylamide - synthetic pepper spray) powder projectiles, similar in ways to that of a paintball delivery system. It is capable of launching projectiles at a subject up to 60 feet.
The delivery of the projectile has an area saturation of up to 160 feet. This nonlethal option offers an alternative in potentially lethal encounters as a means of de-escalation. It also doubles as a valuable tool to control riotous situations and crowd control during civil unrest. PepperBall Launcher | cost: $3,500 | quantity: 3 b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situation for use of this non-lethal weapon system may include, but are not limited to:
I. Self-destructive, dangerous and/or combative individuals II. Riot/crowd control and civil unrest incidents
III. Circumstances where a tactical advantage can be obtained IV. Potentially vicious and/or dangerous animals
V. Training exercises or approved demonstrations
c. Authorized Use:
Only personnel that have been trained as operators or instructors by the department, or personnel designated by the Chief of Police as authorized to use the PepperBall system.
ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 280 of 462
d. Expected Lifespan:
I. PepperBall Launcher – no expiration
II. PepperBall Live Projectile – 1 year
e. Fiscal Impact:
I. PepperBall Launcher – estimated $0 - $2,000 annually II. PepperBall LIVE Projectile – estimated $0 - $1,000 annually f. Training:
Personnel operating the PepperBall launcher and munition received department training on the operation and deployment of the system. Refresher training is periodically conducted.
g. Legal and Procedural Rules:
Use of the PepperBall launcher and munitions is established under policy and procedure manual. It is the policy of the San Fernando Police Department to utilize this equipment only for official law enforcement purposes, according to State and Federal law.
3. Bean Bag Shotgun (Category 11)
a. Description, quantity, capabilities, and purchase cost:
A bean bag shotgun, also known as a less-lethal shotgun, is a firearm designed to fire bean bag rounds and specialized ammunition as outlined in Category 12. This non- lethal option offers an alternative in potentially lethal encounters as a means of de-escalation. It also doubles as a valuable tool to control riotous situations and crowd control during civil unrest.
b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situation for use of this non-lethal weapon system may include, but are not limited to:
I. Self-destructive, dangerous and/or combative individuals II. Riot/crowd control and civil unrest incidents
III. Circumstances where a tactical advantage can be obtained IV. Potentially vicious and/or dangerous animals
V. Training exercises or approved demonstrations
c. Authorized Use:
Only personnel that have been trained as operators or instructors by the department, or personnel designated by the Chief of Police as authorized to use the Bean Bag Shotgun system.
d. Expected Lifespan:
No expiration
e. Fiscal Impact:
Bean Bag Shotgun– estimated $0 - $2,000 annually
f. Training:
Personnel operating the Bean Bag Shotgun and munition received department training on the operation and deployment of the system. Refresher training is periodically conducted.
g. Legal and Procedural Rules:
Use of the Bean Bag Shotgun and munitions is established under policy and procedure manual. It is the policy of the San Fernando Police Department to utilize this equipment only for official law enforcement purposes, according to State and Federal law.
ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 281 of 462
4. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:
Chemical agent munitions, which are commonly referred to as “tear gas” are used by the San Fernando Police Department as a non-lethal tool to disperse rioting subjects and dislodge barricaded subjects. The San Fernando Police Department uses chemical agents which are used by law enforcement across the United States. CS (2-chlorophenylmethylenemalononitrile) is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the United Kingdom and United States, specifically by the U.S. Army. There are no known allergic reactions to CS. OC (Oleoresin Capsicum) was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (opens in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
I. PepperBall LIVE projectile is the basic PepperBall projectile and contains 2% PAVA powder and is designed for direct impact and area saturation, especially in confined and/or interior spaces. The projectile is launched from the PepperBall Launcher at a velocity of 280 - 350 fps. The projectile has a direct impact of 60 feet and an area of saturation of 150+ feet. PepperBall LIVE projectile | cost: $1,000 | quantity: 3000 II. CS Liquid Direct Impact 40mm (part# 6322) – This munition is a point-ofaim, point-of-impact direct-fire round. It serves as a solution whether you need to stop the threat from a single subject or control a crowd. The Direct Impact combines blunt trauma with the effects of an irritant powder, thereby maximizing the potential for incapacitation. Defense Technology | cost: $400 | quantity: 9
III. CS Spede-Heat Long Range 40mm (part# 6182) – This munition delivers one chemical canister of CS agent from a 40mm launcher down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds from a single source. This munition may be used to conceal tactical movement or to route a crowd. Defense Technology | cost: $800 | quantity: 35
IV. CS Ferret 40mm (part# 2292) – This barricade penetrating munition is filled with a CS powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects, it can also be used for area denial. It is designed to penetrate barriers, such as windows, hollow-core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the CS agent inside a structure or vehicle. Defense Technology | cost: $800 | quantity: 38
V. CS Muzzle Blast 40mm (part# 6042) – This munition is widely used as a crowd management tool for immediate and close deployment. It can also ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 282 of 462
be employed in tactical operations such as barricaded subjects, room clearing, area denial, and for small space contamination (e.g. a means of contaminating crawl spaces and attics). Defense Technology | cost:
$270, quantity: 7
VI. CS Liquid Ferret 12 gauge (part# 3012) – This munition has nonpyrotechnical properties which eliminates the fire hazard common with other products. It is primarily used to dislodge barricaded subjects and is designed to penetrate windows, hollow-core doors, wallboard and thin plywood. Upon impact it delivers CS agent inside a structure or vehicle.
Defense Technology | cost: $600 | quantity: 140
VII. OC Liquid Ferret 12 gauge (part# 3010) – This munition has nonpyrotechnical properties which eliminates the fire hazard common with other products. It is primarily used to dislodge barricaded subjects and is designed to penetrate windows, hollow-core doors, wallboard and thin plywood. Upon impact it delivers CS agent inside a structure or vehicle.
Defense Technology | cost: $600 | quantity: 111
VIII. CS Stinger Grenade (part# 1088) – The CS stinger grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The CS stinger grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The blast of the CS stinger grenade is sufficient to project the rubber balls and chemical agent in a 50 foot radius. Defense Technology | cost: $810 | quantity: 24
b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of these chemical agent munitions may include, but are not limited to:
I. Self-destructive, dangerous and/or combative individuals II. Riot/crowd control and civil unrest incidents
III. Circumstances where a tactical advantage can be obtained IV. Dislodging barricaded subjects
V. Potentially vicious and/or dangerous animals
VI. Training exercises or approved demonstrations
ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 283 of 462
c. Authorized Use:
Only personnel that are POST certified as operators or instructors, or personnel designated by the Chief of Police as authorized to use the above specifically mentioned chemical agent munitions.
d. Expected Lifespan:
I. Part# 6322 – 5 years from date of manufacture
II. Part# 6182 – 5 years from date of manufacture
III. Part# 2292 – 5 years from date of manufacture
IV. Part# 6042 – 5 years from date of manufacture
V. Part# 3012 – 5 years from date of manufacture
VI. Part# 3010 – 5 years from date of manufacture
VII. Part# 1088 – 5 years from date of manufacture
e. Fiscal Impact:
I. Part# 6322 – estimated $0 - $400 annually
II. Part# 6182 – estimated $0 - $800 annually
III. Part# 2292 – estimated $0 - $800 annually
IV. Part# 6042 – estimated $0 - $270 annually
V. Part# 3012 – estimated $0 - $600 annually
VI. Part# 3010 – estimated $0 - $600 annually
VII. Part# 1088 – estimated $0 - $850 annually
f. Training:
Personnel operating the above mentioned 40mm launcher and chemical agent munitions receive POST certified training as an operator or instructor and complete annual training and qualifications to maintain certification. g. Legal and Procedural Rules:
Use of the above mentioned 40mm launcher and chemical agent munitions is established under policy and procedure manual. It is the policy of the San Fernando Police Department to utilize this equipment only for official law enforcement purposes, according to State and Federal law.
5. Projectile Launcher Platforms and Associated Munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:
I. The single shot 40mm launcher is not a firearm, but a less lethal system that uses smokeless black powder to deliver 40mm projectiles from a safe distance. The less lethal launcher is capable of launching 40mm munitions up to 131 feet. The launcher can fire impact munitions and chemical agent munitions. This less lethal system offers an alternative in potentially lethal encounters as a means of de-escalation. It also doubles as a valuable tool to control riotous situations and crowd control during civil unrest. The 40m launcher does not have an expiration date and needs to be serviced or replaced when the launcher fails or breaks.
Defense Technology 40mm Tactical Single Launcher | cost: $2,000 | quantity: 1
II. The multiple shot 40mm launcher is not a firearm, but a less lethal system that uses smokeless black powder to deliver 40mm projectiles from a safe distance. The less lethal launcher is capable of launching up to four 40mm munitions consecutively at a distance up to 131 feet. The launcher ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 284 of 462
can fire impact munitions and chemical agent munitions. This less lethal system offers an alternative in potentially lethal encounters as a means of de-escalation. It also doubles as a valuable tool to control riotous situations and crowd control during civil unrest. The 40m launcher does not have an expiration date and needs to be serviced or replaced when the launcher fails or breaks. Defense Technology 40mm Tactical 4-Shot Launcher | cost: $4,000 | quantity: 1
III. The bean bag shotgun is a firearm designed to fire 12 gauge bean bag less lethal munitions and 12 gauge chemical agent munitions. The bean bag shotgun is capable of accurately firing 12 gauge munitions up to 75 feet. This less lethal system offers an alternative in potentially lethal encounters as a means of de-escalation. The bean bag shotgun does not have an expiration date and needs to be serviced or replaced when the launcher fails or breaks. Remington 870 Shotgun with orange highvisibility less lethal stock and foregrip | cost: $8,000 | quantity: 8 IV. Exact Impact 40mm (part# 6325) – The 40mm sponge round is a point-ofaim, point-of-impact, direct-fire munition. This lightweight, high-speed projectile consisting of a plastic body and sponge nose is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel.
The munition is used as an alternative in potentially lethal encounters as a means of de-escalation. It can stop violent threats and subjects that pose a hazard to themselves through blunt force trauma. Defense Technology | cost: $4,000 | quantity: 142
V. Bean Bag 40mm (part# 6025) – The 40mm bean bag munition is most widely used as a crowd management tool by Law Enforcement and Corrections when there is a need to target individual instigators. It has also been successfully used as a dynamic, high-energy, single-subject munition for incapacitation or distraction. The round contains one silica sand-filled bag. Defense Technology | cost: $3,000 | quantity: 510 VI. Bean Bag 12 gauge (part# 3027) – The drag stabilized 12 gauge munition is a translucent 12 gauge shell loaded with a 40g tear-shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. This munition has a velocity of 270 fps with a maximum effective range of 75 feet. The munition is used as an alternative in potentially lethal encounters as a means of de-escalation. It can stop violent threats and subjects that pose a hazard to themselves through blunt force trauma. Defense Technology | cost: $3,000 | quantity: 510 VII. Rubber Ball Stinger 12 gauge (part# 3016) – The rubber ball stinger 12 gauge munition is a translucent 12 gauge shell loaded with approximately eighteen 32-caliber rubber balls. The 12 gauge rubber ball stinger is generally considered a low to medium pain compliance munition for close range deployment. The round has a maximum effective range of approximately 25 feet and a velocity of 500 fps. It is suitable for administering a means of pain compliance and is mainly used for routing crowds or groups that are mildly resistive. Defense Technology | cost:
$2,700 | quantity: 450
ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 285 of 462
b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of these kinetic energy weapons and munitions may include, but are not limited to:
I. Self-destructive, dangerous and/or combative individuals II. Riot/crowd control and civil unrest incidents
III. Circumstances where a tactical advantage can be obtained IV. Dislodging barricaded subjects
V. Potentially vicious and/or dangerous animals
VI. Training exercises or approved demonstrations
c. Authorized Use:
Only personnel that are POST certified as operators or instructors, or personnel designated by the Chief of Police as authorized to use the above specifically mentioned kinetic energy weapons and the above specifically mentioned munitions.
d. Expected Lifespan:
I. Single Shot 40mm Launcher – no expiration
II. Multiple Shot 40mm Launcher – no expiration
III. Bean Bag Shotgun – no expiration
IV. Part# 6325 – no expiration
V. Part# 6025 – no expiration
VI. Part# 6097 – no expiration
VII. Part# 3027 – no expiration
VIII. Part# 3016 – no expiration
e. Fiscal Impact:
I. Single Shot 40mm Launcher – estimated $0 - $2,000 annually II. Multiple Shot 40mm Launcher – estimated $0-$2,000 annually III. Bean Bag Shotgun – estimated $0 - $1,000 annually
IV. Part# 6325 – estimated $0 - $4,800 annually
V. Part# 6025 – estimated $0 - $2,000 annually
VI. Part# 6097 – estimated $0 - $1,500 annually
VII. Part# 3027 – estimated $0 - $4,000 annually
VIII. Part# 3016 – estimated $0 - $360 annually
f. Training:
Personnel operating the above mentioned 40mm launcher and kinetic energy munitions receive POST certified training as an operator or instructor and complete annual training and qualifications to maintain certification. g. Legal and Procedural Rules:
Use of the above mentioned 40mm launcher and kinetic energy munitions is established under policy and procedure manual. It is the policy of the San Fernando Police Department to utilize this equipment only for official law enforcement purposes, according to State and Federal law.
ORD. NO. 1731
EXHIBIT "A"
March 3, 2025 Special & Regular CC Mtg Page 286 of 462
Your Return Mailing Address
Name: San Fernando Sun
Address: 1150 San Fernando Road, Suite 100
City: San Fernando State CA Zip Code: 91340
Proof of Publication -
(2015.5 C.C.P.)
ST ATE OF CALIFORNIA
COUNTY OF LOS ANGELES
The undersigned says:
I am a citizen of the United States, and
a resident of the county aforesaid; I am
over the age of eighteen years; and I
am not a party to or interested in the
notice published. I am the chief legal
advertising clerk of the publisher of the
San Fernando Valley Sun
a newspaper of general circulation, printed and
published weekly in the San Fernando Valley ,
in the County of Los Angeles, and which
newspaper has been adjudged a newspaper of
general circulation by the Superior Court of
the County of Los Angeles, State of California,
Under the date of 8-16, 1945
Case Number 503894
that the notice, of which the annexed is a printed
copy has been published in each regular and entire
issue of said newspaper and not in any supplement
There of on the following dates, to-wit:
01/30/2025
all in the year 2024. I certify (or declare)
under penalty of perjury that the foregoing is trne
and correct. Dated at San Fernando California, on
this 30th day of January, 2025
Signature,
Yaritza Rodriguez
SAN FERNANDO VALLEY SUN
1150 SAN FERNANDO ROAD, SUITE 100
SAN FERNANDO,CA 91340
NOTICE OF PUBLIC H R1NO
Ct OF SAN FERNA CITY
UNCIL TO COHSI APPR THE ADOPTION o ORDI CE JU>PAlOVl,NO A I rTARY USE EQUIPMENT POLICY,
AS REQUIRED BY ASSEMBLY
BILL 481 (AB 481)
NOTICE IS HEREBY GIVEN that the
City Council of the City of San Fernando will hold a Public Hearing for the consideration and a first reading
to adopt an ordinance to approve the
San Fernando Police Department's
Military Use Equipment Polley ("Policy") as required by Assembly Bill 481 ("AB 481").
DATE & TIME HEARING: February 18, 2025, 6:00 P.M., or as soon thereafter as possible
HEARING LOCATION:Clty Hall
Council Chambers, 117 Macneil
Street, San Fernando
PROPOSAL: The City Council of the
City of San Fernando will conduct a
public hearing on Tuesday, February
18, 2025, at 6:00 p.m. to consider
adopting an ordinance approving
the Annual Military Use Equipment
Policy as required by AB 481 . AB
481 was signed into law on September 30, 2021, and requires law enforcement agencies, including
San Fernando Police Department,
to annually adopt a Polley In order
to take actions relating to the funding, acquisition, or use of military equipment as that term Is defined by
state law. The City's proposed Policy Is available for review at: https:// cl.san-fernando.ca.us/sfpolice/#military-equlpment.
The City Council staff report and
other Information will be available on
Friday,
February 14, 2025 before 12 p.m.,
and will be posted on the City's website https://ci.san-fernando.ca.us/ city-councll/#agenda-mlnutes-audlo.
The City of San Fernando strongly encourages your participation.
Interested members of the public
may . provide comments regardIng approval of the Annual Military Equipment Policy during t_he public
hearing on this matter. Additionally,
public comments may be submitted
via email to [email protected], or
malled to City Clerk Office, 117 N
Macneil Street, San Fernando, CA
91340 and received by the date and
close of the public hearing. If you
have any questions, please contact
Walter Dominguez, Lieutenant, at
WDomlnguezCsfcity.org or call (818)
898-1258.
Date this 30th day of January, 2025
City of San Fernando, California
ls/Julia Fritz, CMC
City Clerk
Publish: 01/30/2025
San Fernando Sun
L13882
ATTACHMENT "B"
March 3, 2025 Special & Regular CC Mtg Page 287 of 462
This Page
Intentionally
Left Blank
March 3, 2025 Special & Regular CC Mtg Page 288 of 462
March 3, 2025 Special & Regular CC Mtg Page 289 of 462
This Page
Intentionally
Left Blank
March 3, 2025 Special & Regular CC Mtg Page 290 of 462
AGENDA REPORT
COMMUNITY DEVELOPMENT DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1227 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Erika Ramirez, Director of Community Development
Kenya Marquez, Housing Coordinator
Date: March 3, 2025
Subject: A Public Hearing to Consider Adopting a Resolution Establishing the Allocation of Year 5 Permanent Local Housing Allocation Funds for Fiscal Year 2027-2028 RECOMMENDATION:
It is recommended that the City Council:
a. Conduct a Public Hearing;
b. Pending public testimony, adopt Resolution No. 8370 (Attachment “A”) approving the allocation of Permanent Local Housing Allocation (PLHA) Funds for Fiscal year (FY) 2027-2028, in the amount of $79,615; and
c. Authorize the City Manager, or designee, to submit documentation conveying the City Council’s Resolution to the Los Angeles County Community Development Authority (LACDA) for approval.
BACKGROUND:
1. On September 2017, the California Legislature passed Senate Bill (SB) 2 (Building Homes and Jobs Act), which established a $75 recording fee on real estate documents to increase the supply of affordable housing and fund the Permanent Local Housing Allocation (PLHA) program. The PLHA program is meant to provide a source of funding for cities and counties to help meet the unmet need for affordable housing and increase supply of affordable housing.
2. On December 11, 2024, the City received an award letter notice (Attachment “B”) for the City’s Year 5 Permanent Local Housing Allocation funding of $79,615.
3. On January 29, 2025, the City posted a Public Hearing notice for the City’s Year 5 Permanent Local Housing Allocation funding in the City Hall bulletin board.
March 3, 2025 Special & Regular CC Mtg Page 291 of 462
A Public Hearing to Consider Adopting a Resolution Establishing the Allocation of Year 5 Permanent Local Housing Allocation Funds for Fiscal Year 2027-2028