CDC - Item 3 - Garvey Ave. Senior Housing & Community Security♦ y
Memorandum
To: Bill Crowe, Executive Director
From: Stephen Copenhaver
Date: December 5. 2002
Subject: ' Garvey Avenue Senior Housing and Community Center-Security
and Fencing Improvements
The purpose of this memorandum is to present a strategy and secure several approvals
for various tasks that are required to complete the Garvey Avenue Project.
Security System
The alarm system on the buildings has been activated as of December 3, 2002.• This
system monitors the building openings and is similar to the alarm system on some of
the City's buildings.
The staff has invited subcontractors to provide quotes for an additional camera based
exterior security system. The proposed design includes eight (8) cameras installed in
the locations indicated in Exhibit "A." Quotes for a web based and VCR based
systems are being secured and will be submitted,to the Board at the meeting. The
specifications for the systems will be forwarded to the Board under separate cover.
Additionally, the Sheriffs Department has requested that a digital entry pad for the
Community Center entry gates be installed. This would eliminate the need for keys
that are difficult to distribute to deputies that may be patrolling the development or
responding to emergencies. The cost of the digital entry pad is $1,487.
Our recommendation is to secure the Commission's approval of a security system and
camera locations as illustrated on Exhibit "A" and approve a change order with The
Sheridan Group to install the exterior security system and digital entry pad. This will
require an additional cost for overhead and supervision equal to approximately 10% of
the change order contract price.
COMMISSION AGENDA
D Ir - C ► 0 20U2
IT~n: No. ~s
Garvey Senior Housing and Community Center
Bill Crowe, Executive Director
December 5. 2002
Page 2
Security Fencing
There are several issues that relate to fencing and access for the development. These
matters are discussed by topic in the following paragraphs.
Fencing Improvements. The Mayor suggested: a) modifications to the west perimeter
wall to increase the height of the wall by two feet for a length of 82 feet; and b)
modifications to the gate and trash enclosure at the rear of the Community Center
increasing their height by two feet and adding a lockbox, dead bolt and expanded
metal. These projects require the fabrication and installation of wrought iron fencing
and can be completed for $9,562. At their last meeting, the Commission indicated that
they are in favor of these improvements subject to receipt of information relating to the
cost. Mission Fence prepared the bid and they have completed numerous fencing
projects for the City.
It is recommended that the RHDC direct the Executive Director to contract for the
above-described improvements.
Entry Gate/ Electric Panel Improvements. Numerous improvements to the entry gates have
been identified. These include adding expanded metal to prevent individuals from reaching.
through the wrought iron fencing and adding dead bolts and lock enclosures. Bids for these
improvements and an electric service panel enclosure are currently being secured. The
preliminary cost estimate for the described improvements is $4,317 for the Senior Housing
project and $7,000 for the Community Center. These projects are being analyzed to
determine if the costs are, in part, Fassberg's and to specifically identify the improvements.
Our recommendation is to direct the architect to specify the improvements and
responsibilities.
Recommendation
It is recommended that the Commission Board approve a change order with the
Sheridan Group to install the camera based security system and digital keypad.
It is recommended that the Board of the RHDC direct its Executive Director to contract
with Mission Fence and Patio Builders to construct. the improvements to the fencing
requested by the Board.
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Memorandum
To: Bill Crowe, Executive Director
From: Stephen A. Copenhaver
Date: December 10, 2002
Subject: Security System - Garvey Avenue Community Center and Senior
Housing Projects
Pursuant to the - Board's direction, the staff has been working with various
contractors to develop a design for a camera-based security system to be installed
at both the Garvey Senior Citizen Housing Project and the Community Center.
Several different designs have been considered and reviewed, ranging from a
modest VCR-based system to an ultra high-line system.
The staff's research has resulted in a recommended conceptual design that consists
of eight cameras on the exterior of the buildings, color monitors in both the
housing project and the community center, a digital,video recorder that can handle
up to 16 cameras to allow for expansion in the future and various other equipment
required to implement the security system.
Quotes were received from two potential sub-contractors which are attached. The
most favorable quote, and the one that ultimately defined the selected security
system. was from USA Alarm Systems Inc. They indicated that a camera security
system as proposed with the options enumerated above would cost slightly less
than $18,000. This amount was several thousand dollars lower than a less
desirable system from TMI.
Installation and training will require one and a half weeks from commencement of
the contract.
Recommendation
Approve the proposed system design and authorize the Executive Director to
execute a change order not to exceed $18,000 plus overhead and management
expenses with the furniture, fixtures and equipment contractor for the project, The
Sheridan Group, for the installation of the 8-camera system.
Dec 1002 08:408 GRC RSSCCIRTES INC 7149852880
DEC-09-2032 !&~"D hPRS COFiSTRUCTIDId SVCS, 714 S7_ 027+_
ALARM
SYSTEMS, Inc.
Decembe7 9. 100;
h1r RoSe,' CcDenha~e;
Co, of Ro`elllead Com:- dilly Center
91 N5 Garvey Ave
Rbsemead. Ca. 95770
Dear M., Co;,enhaver
I nant. you again fo., invilino USA Aiarc Systems to yD:R iacdlty and allowing us to review your Closer
Circuit Television System A_ we hawc dis=y d. the design o: Ine system has been pre-octe rn,ned
for Soec-GG reasons that Des! Dfol°_cl the areas or, Concern
the followtno eguiprnenl.
CC 7V System:
5 (5) Toshiba !'T ColoV9lack and wriae Cameras
2 (E) Tamron1r" Auto Ins Lens Mn VaOGa l Adlusffn nl
3 (9) Pelgo Oulnoor Environmental Housings with Mounts
(2) td=_mco 9 Camera Power Supplies (one for each building)
5 (2) Electrical .Room Jundion Cans
9. Wire. Clmnecaors. Conduit. lire a2ulking, and mist Cquipmenl as required
Underground mre from ouilning In o•.nldino as required
- E. User to orovide ocnduil from building to building anC all ele=cal outlets for mair eq•_•,Dricnl as
reoured
dial Cost rtSlallpd. 19650M
CC TV System Required Options:
Monitors:
-15" ODbr Ucnilor 1375.00 _
Color Monitor. $7000
-vial! Mount ";th SneIf _ 575.0
Divital Video Reoordets: r
Camera Color win 320 Gro: 85,990 00
-59 Camera Colby .t,.3ZC Gg: °_5.99C.r-
.RemDIE Keyooar~ (oolicnal): 5775.00
; "t6 f i-.hr;c,nnr ;.ve.. A4 ooro,i:-f ali(n:ne 91GIn G?n ^_55 5055 c;OG 4160F
.
C'el;fntNU L¢c;::e Af,: L1.•: -'i~ CIO. j1Rf•L
P.2
Dec 10 02 08:40a
D_C-0?-2L'_2 15'50
a gage
Senior Center Vioing Own Area:
-B Camrz Seyuenlial Swnohe.-7 5505.00 twill also reouue a monitor)
Vibes Tape Rcoording:
De^i>moor 4, 2J~
15 Camera FdullV eze,witn I,ntefnel, firne Lapse Recoraer, and 110 Vioeo Taped 1,1<,503 pn
USA. Ala.m Svstems rcoomrn,,a=_ jrZ. the City of Rosemead loo}: towards -le iuyre anc: roves: ~r. me
Digital Video Remroer. The com savino5 of the labor 10 view long hour: of viaL.Q IaCes. epl2Ce vla?J
tapes, and the on ooino maintenanoe d the VCR would lus%, the initial upgraded cast from. a VCR
System to a DVR System The cost difference f:•om 2 ninc CamerE unit to a sixleen cams uni. soul:
b lookec at also.
One vear 1-3l2nty on all labor and material,
S!)ouid you neco abdnio:^al information or would like for us :c pmceeo, please call. 7nan+ you
l4roulc iise to tli5CUss all the options available to oc5ign the bcs Sy som pomiule,
Yours for a belle, SeG:riry,
Rya^ T. Burke
GRC RSSOCIRTcS INC X149852880
KPPS. -pHSTRU~---, 1014 CS, 7ta 672 057i
TOTAL P.03
P.3
Dec 03 02 12:25p GRC ASSOCIATES INC 7149852880 p.2
T Ni ~
TEChNICA[ MAINTENANCE & INSTAIEATI®N, INC.
November 27, 2002
Robert Copenhaver
KPRS Construction
451 West Lambert Road, Suite 20
Brea, CA 92821
RE: • PROPOSAL FOR MSTALLAT[ON CCTV SYSTEM
Rosemead Garvey Avcnue Senior Housing & Community Center
PROPOSAL # 7148 Revision # 1
Dear Robert,
The following is a summary of our proposal to install a cornpletc opcratioual
system per quantities furnished by you.
EQUIPMENT:
1 -20"CCTV MONITOR (BLACK & WHITE)
I - MULTIPLEXOR AND VIDliO SM. VER
8 - BLACK & WHITE CAMERAS WITH
• OUTDOORHOUSIN(j
• MOUNTING BRACKET
• POWER SUPPLY
• 5-SOMMLENS
I - 1.0T CONT)UIT rOR OUTSIDE ON WALL
1 - LOT CABLE
I - PENETRATION INTO EQUIPMENT ROOM BRICK WALL
1 - LOT LABOR TO INSTALL
TOTAL INSTALLED PRICE FOR BLACE & IVIIITE.SYSTEAI S 1 7, 712 00
OPTION # 1 CHANGE SYSTL'M'1'0 COLOR ADDS 1,058.00
1625 W. Colons Ave. Onange, CA 92067 • P4.714.997,3955 . FAX 714.997.3954 CIO t' 7t nano
Dec 03 02 12:25p GRC FSSOCIRTES INC 7145852880 p.3
CONDITIONS: PLE4SENO%Et7EAlS9-12
I . The new system will include complete wiring and testing
2. Facility is responsible for permit and associated fees if applicable.
120 volt power to be supplied by Facility.
4. Pricing will be firm for thirty (30) days.
5. Terrus are net 30 days upon completion.
6. The project shall be completed within two weeks after receipt of material.
7. Please allow two to three weeks for delivery of material.
8. Price includes sales tax and delivery charges.
9. TMI to use existing snore phone wire between fourth floor and first floor electrical
room for riser cable.
10. TMI to use existing 2"empty conrhrit behrYxn the hvo building (or wire pull
IT Facility to provide all necessarp internet connectivity for remote viewing function
12. No v;deo storage has been requested so you will have live video onlr~
Thank you for considering Technical Maintenance and Installation. Inc.
Sincerely,
5,,-a eelY Accepted byct Coordi for
Date:
Dec 03 02 12:25p
GRC RSSOCIATES INC
7149852880
. . . r - JJII
The First
wRy
n Web Intl
Now you can have built-in remote video
with ATVs VIPMux. Use your PC and
a standard web browser for cost effective
and easy remote surveilance. View and
control multiplexer displays from a remote
location over local networks or the Internet.
Available in 4, 9 or 16 Cameras.
r ~
Advnnnd rrennwo vrd, m,
Main Features
Integrated Multiplexer, and Video Server
Transmits Alarm Notifications
Multi-Directional Motion Detection
Control Pan, Tilt. & Zoom Cameras
Available for up to16 Cameras
Integrated ISDN and Lan Interface
View Cameras with Standard Internet Browser
MPEG / JPEG Hardware Compression
FTP Upload and Automatic E-mail Sending
Remote Access to ynur Customers Installations
Live Roll Free Sequencing in all Display Modes
On Screen Menu / Advanced Menu
2-5x Part-tilt Zoom
Technical Specifications
p.4
P.v
Operating System: Wmduws, Unir.. Lmur chrough Interne: Grrn.snr
Internet Browser: Netscape Navloamr, rvlicrosoF, Explorer
Video Images: max. 25 images, PAP=G, JPEG. C'mcal Image
sizes 4-128 KS
Aesolutioo: Huge Size: 704x576, Full Size: 352X268, -
Her[ Size: 176x144
Security; Password Protection
Network: 10/100 Maids auLOsensing, ethernet, TCP/IP
Protocol
Image sequences: IP address can be set, IP set-up program
supplied whh delivery
Internet Pmtocnls- TCP/IP, PPP. HTTP server,, 7P serv-i, F-1P
client, SMTP client time Ur evsnt controlled
email dispatch incl, video nnagas
Programming: Configurable across ccl Oa,-ameLers:
image resoloon up to 7406'6.
image data size 4.122 K9, image
Dec 03 02 12:25p GRC ASSOCIATES INC 7149852880
■ Choice of 9-, 12-, 17-, and
20-inch monitors
High quality pictures
Auto-termination
■ Supply 100.230 VAC with
selectable selection
between EIA and CCIR
formats
■ LTC 2020190 has auto
detection for EIA/CCIR
and audio capabilities
■ Robust metal case to
minimize interference
■ Optional rack mounting
(except LTC 2020/90)
Philips offer a rang, of high performance
monitors whit reflects the high stan-
dards of other associated units in the
Philips' CCTV systerm, such as cameras,
tranSoniSSIOn and control equipmenL
Included In this range of Philips' are the
LTC M. LTC 2012, LTC 2017 and
-LTC 2020 Series of monochrome mon-
hors.They offer high performance pic.
lures with a resolution of 9D0 TVL or
in the case of the LTC 2017 monitor
700 TVL making them ideal for remote
observation and video applications.
TI>r rttonhor housing consists of a
robust rectangular metal case which
minimizes interference from external
signals and allows "stacking" of monitors
wlxln used in large numbars.
p.5
LTC 2009, LTC 2012,
LTC 2017 and LTC 2020 Series
Monochrome Video Monitor
Designed for ease of installation and
operation, the monitors will accept a
voltage supply of 100-230 VAC, with.
out me need fur any switching or
adjustments.The monitors are setup
for standard composite video signals,
the LTC -15x versions CCIR torrent,
the LTC -/fix versions EIA format and
the LTC 2020/90 with a,t,,,atlc
detection of CCIR/EIA format.
All controls are located on the front
panel for easy adjustment of the picture
image.
Monitor features Include loop through
connection; electrical circuits provide
safeguards against Interference, noise
and clanging signal strengths to rnaln-
tain a clear and stable picture.
Additional features of the LTC 2017
and LTC 2020 monitors include
switohable scanning size (nw r scan &
under scan) and switchable DC
restoration.
Also the LTC 2020/90 monitor includes
two Video input options and audio
input/output with Volume control.
An optional rack mounting is available
for these monitors (except the
LTC 2020190).
Philips
C uril'Y fcatemn& ^^un PHILIPS
Security Systes
'Dec 03 02 12:26p GRC ASSOCIATES INC
7149852880 p.6
SPECIFICATIONS
Electrical
Moadl
No
Rater
Voltage
.
LTC 2009151
'
Voltaga
230 VAC. 5o lb,
Range
190 to 264
Ll
C 2009(61
LTC 2012151
120 VAC. 60 14z
108 to 132
CrC 2012161
230 VAC. 50 Ht
120 VAC. 60 Hz
196 to 264
108 to 132
C 2017/50
LTC 2017/60
230 VAC. 50 Hz
198 to 264
LTC 2020190
120 VAC. 60 Hz
230 VqC. 50 Hz
100 to 132
9o to 264
120 VAC, 60 Hz
fk>ar.r et
gym
Rated Volta" Format
a
CCIR
law
law
CcIR
CC
low
CIA
27 W
CCIR
21w
EIA
45 w
CCIR/EIA
Monochrome system:
CCIR/EIA, selectable on LTC 2009, LTC 2012, LTC 2017.
Auto selectable on LTC 2020.
Display Tube:
Measured diagonally, 90° deflection angle
LTC 2009: 23 can (9 in).
LTC 2012: 30 cm (12 in).
LTC 2017:43 cm (17 in).
LTC 2020:51 cm (20 In).
Vie7"M.- cture area:
22 att (9 in). .
LTC 2012: 29 cm (11 in).
LTC 2017: 41 crn (16 in).
LTC 2020:49 cm (19 in).
Linearity:
Horizontal: 10% max.
Vertical 10% max.
Horizontal resolution:
LTC 2009, LTC 2012: 900 TVL.
LTC 2017: 700 TVL.
LTC 2020:9001VL
Video input:
Composite video: 0.5 to 2.0 Vpp, sync negative. Auto switch.
fog from 75 S2 unbalanced termination to Hi-Z with
looped through operation.
Two Video inputs (LTC 202(1190 only).
Controls:
LTC 2009 & LTC 2012: Power, Contrast, B rightness, V. Hold,
H-Hold, EIA/CCIR 5w1tch,V-Helght.V-Lin.
LTC 2017: Power. Contrast, Brightness, V-Hold H-Hold,
Under/Over Scan, DC-Restoration. V-Helgh%V-Lin.
LTC 2020: Power, Video A/B, Volume, Sharpness, Contrast,
Brlghtness,V-Hold, H-Hold, Under/Over Scan, DC.
Restoration, V-Size, H-Size. V.Lln.
Connectors.
LTC 2009 & LTC 2012: Power input socket, 2 BNC Video
input.
LTC 2017: Power input lead, 2 BNC Video input.
LTC 2U20: power input socket, 4 BNC Video input.
Audio input (LTC 2020190 only):
RCA pin, bridge-out possible. 2 RCA phone jacks.
Audio output (LTC 2020190 only):
Speaker: 1 W loop through line level.
Power cord:
Approx, 1.8 on (6 ft) with European Continental type.
2.4 m (8 it) with plug US type.
Mechanical
Cabinet:
Material: Steel with plastic front.
Finish: Charcoal.
Dimensions (H x W x D):
LTC 2009:234 x 220 x 248 mm (9.2 x 8.7 x 9.6 1n).
LTC 2012: 2117x305x306mm(11.3x12x121,).
LTC 2017:386 x 419 x 381 mm (152 x 16.5 x 15 in).
LTC 2020:441 x 445 x 380 mm (17 4 x 11.5 x 14,96 1)
Weight:
LTC 2009:4.3 kg (9.5 It).
LTC 2012:8.9 kg (19.0 lb).
LTC 2017:15 kg (33 It).
LTC 2020:17 7 kg (39 16).
Environmental
Temperature:
Operation: -10 to '50'C (+14 to +122 `Fl.
Storage:-10 to +50'C (+14 to +122 "F).
Humidity:
Operating: 30 to 901A (nun-condensing).
Electromagnetic Compatibility
EMC Requirements:
Immunity EN50U82.1 1992,
EN500 82-1 1997 for LTC 2020/90 only.
Emission EN50081-1 1992.
FCC Part 1s, Class B.
Safety
LTC 2009, LTC 2U12. LTC 2017:
CE:EN60065.
UL: UL 1410,
cUL: CSA 222#01.
LTC 2020:
CE: EN60950.
UL UL 1950.
cUL: CSA 22.2#950.
Product complies with DHHS Rules 21 CPR applicable x um
date of manulacture.
Accessories
LTC 9009/00 Rack Kit: For mounting two LTC 2009
Series Monitors in an EA 19-inch r
by 5 rack units high. Ilk. One rack unit witle
LTC 9009101 Blank Panel: For use with LTC 9009/00
Rack Kit when mounting only one LTC 2009 Series Monitor
in an EIA 19-Inch rack.
LTC 9012100 Rack Kit: For mounting one LTC 2012
Series Monitor in an EIA 19-inch rack. One rack unit wide by
7 rack units high.
LTC 9017100 Rack Kit: For mounting one L-1 C 2017
Series Monitor in an EIA 19-inch rack. One rack unit wide by
10 rack units high.
9498 962 30714 99-19 a 1999 Phil, Elacuonia N.V.
0 1999 Philips Communi atioru R 9ecvrny Systems Inc.
An rirylu Res,vwd. Phinp;• ie a rt al tar o oaaeems of
Philips Electronics N.V. - mark Data suhjm to crveye wihmut notice
PHILIPS
Leis wine bow
'Dec 03 02 12:26p
All-In-One
Unity' Line Packages
• Monochrome or Color
Camera and Lens
Prewired into an
LTC 9480 Series Housing
• Packages I"clude:
Feed-through Mount
1.5 m (5 ft) of Cabling
• Indoor and Outdoor
Models - Outdoor Units
Include a Sunshield
• Standard & High
Resolution Models
Available
• Plug & Play
• Easy Installation
The LTC 7030 Series and LTC 7640
Series Prewired Housing Packages are
Complete surveillance systems Mat
include a camera prewired into an
LTC 9480 Series housing. The package
also includes an LTC 921 S/oo or an
LTC 9215/005 feed-through wall
mount
These packages are offered in four
varieties: monochrome indoor,
monochrome outdoor, color indoor,
and color outdoor (see neat page for
model mix).The indoor versions use
the LTC 9480/00 housing, while the
outdoor versions employ the
LTC 9483/21 housing, which includesa
factory installed heater and blower.
The LTC 9083/01 sunshield is also
included with Me outdoor package.
The ca sera/lens combination included
in this package provides quality vldeu
and a variety of focal Iengths.They arc
available with either a monochrome
amera ur a color camera with a
35-8 mm or 5-50 mm varifocal lens.
The true advantage of this surveillance
Package lies with la plug and play
design. These units come with the
camera and lens installed and prewired
through the base of die housing for
quick installation. Coat and power
tables are provided to wire throuh the
included feed-through mnunc g
co 9
connection point.
The plug and play concept coupled
with rho package's sleek design and
feed-through cabling make it a pei{ec[
solution for everyday surveillance
needs.
Philips
Communication, LIPS
Security & Imaging
",-Y PHI
GRC ASSOCIATES INC 7149852880
p.7
t' . I
I Inr(-))
~
Dec-03-02
12: 51nm From-Wallin, Kress, Reisman & Kraniti
WALLI N, KRE /v . C~
asoo Tw
SANTA MOI
T!
r-
41Tz
T-277 P.002/003 F-861
Confidential Memorandum - Attorney/Client Privilege
To:
From:
Chairman and Members Rosemead Community Development Commission
Peter a in, Community Development Commission Attorney
Subject: Dearden v City of Rosemead and Rosemead Commmunity Development
Commission v. Dearden; Proposal to Settle Lawsuits Involving Acquisition
of 4016 Temple City Boulevard
Date: December 3, 2002
Recotntuendation
We have received an offer from the Deardens to settle the two referenced lawsuits for
$20,000.00 in addition to the $139,000.00 the Commission has already paid towards the
purchase price. If this offer is accepted it will result in the Conunission acquiring title
to the property free and clear of all encumbrances and close out the Deardens' claims for
greater compensation for the property, relocation expenses, lost business goodwill,
attorneys fees and interest.
It is reconunended that a settlement upon these temps be approved.
Discussion
The City of Rosemead and Rosemead Community Development Commission were sued
in inverse condenuhation by Mr. and Mrs. Dearden, the owners of Weatherite Roofing
and the owners of the parcel at 4016 Temple City Boulevard at which Weatherite
conducted its roofing business until January 2001.
310-4500506
The law suit claimed that the City and Commission denied the Deardens all use of the
property in order to facilitate Robert McCoy's development plans for the area. The
Dec-03-02 12:52pm From 'WaIIin, Kress, Reisman & Kranit t 310-4500506 T-277 P. 003/003 F-861
WALLIN, KRESS, REISMAN & KRANITZ
LAW OFFICC5
Chzirman and Members Rosemead Community Development Commission
Page 2
December 3, 2002
lawsuit sought compensation for the property, lost business goodwill, relocation benefits
for moving the business to El Monte and costs of carrying the property and lost rents
since that move.
In response to the lawsuit the Connnission made a formal offer to purchase the property
at its appraised value and, when that offer was rejected, filed a direct condenvnation
action to acquire the property. The Commission deposited $139,000.00 Into court as
probable compensation to be applied towards the purchase price. That money was
withdrawn to pay off existing loans secured by the property.
The two lawsuits have been consolidated for trial and a legal issues trial is scheduled for
February 18, 2003, to try before the trial judge the issues of whether the Deardens are
entitled to recover on their inverse and lost goodwill claims. After that is deterniined the.
coup will set a second trial at which valuation issues will be tried to a jury.
I am advised by the Deardens' attorney that they are now prepared to settle all claims for
payment of an additional $20,000. This is a substantial reduction from the claims
asserted during Jerry Dearden's deposition: $249,000 for the property and $229,000 for
relocation expenses and lost business goodwill. Moreover, if they prevailed on their
inverse claims, the Deardens would be entitled to recover their attorneys fees and interest
from the date of taking. However, I do not believe they can prevail on any of their
claims other than those for the value of the property the Commission is acquiring.
For payment of the additional $20,000, and costs of suit estimated at less than
$1,000.00, the Conunission would obtain title to the property through a final order of
condemnation pursuant to a settlement agreement by which the Deardens waive all
claims for compensation in the inverse action, the direct action and for relocation
expenses.
The proposed settlement amount is less than what I anticipate the Commission will
spend in attorneys fees and expert witness fees in the course of the two trials necessary
to resolve this case. For that reason I recommend the Commission accept the settlement
and instruct the City Manager/Executive Director to enter into a stipulation for judgment
and final order of condenmation upon these teens.
t•
Dec-03-02
12:51pm From-41211in, Kress, Reisman & Kranitt 310-4500506 T-277 P.002/003 F-861
WALLIN, KREss, REISMAN & KRANITZ
En.+• oP~ICes
2800 TWENTY-EIGHT" STREET. SVITE 315
SANTA MONICA, CALIFORNIA 90405-6205
TEUEPn ONE 13101 450-3582
r- cs,m IEt idol 4SO-050e
Confidential Memorandum - Attorney/Client Privilege
To:
From
Chairman and Members Rosemead Conununity Development Conmtission
Peter a in, Community Development Corunission Attorney
Subject: Dearden v. City of Rosemead and Rosemead Cotrununity Development
Conunission v. Dearden; Proposal to Settle Lawsuits Involving Acquisition
of 4016 Temple City Boulevard
Date: December 3, 2002
Recommendation
We have received an offer from the Deardens to settle the two referenced lawsuits for
$20,000.00 in addition to the $139,000.00 the Con-atussion has already paid towards the
purchase price. If t1ris offer is accepted it will result in the Cotrmiission acquiring title
to the property free and clear of all encumbrances and close out the Deardens' claims for
greater compensation for the property, relocation expenses, lost business goodwill,
attorneys fees and interest.
It is reconunended that a settlement upon these ternts be approved.
Discussion
The City of Rosemead and Rosemead Contmunity Development Commission were sued
in inverse condenutation by Mr. and Mrs. Dearden, the owners of Weatherite Roofing
and the owners of the parcel at 4016 Temple City Boulevard at which Weadrerite
conducted its roofing business until January 2001.
The law suit claimed that the City and Cotmnission denied the Deardens all use of the
propel-Lv in order to facilitate Robert McCoy's development plans for the area. The
Dec-03-02 12:52pm From-WalIIn. Kress. Reisman & Kranit 310-4500506 T-277 P.003/003 F-861
,1
WALLIN, KRESS, REISMAN & KRANITZ
SAW OFFiC=5
Chairman and A4embers Rosemead Corrunu pity Development Comiission
Pale 2
December 3, 2002
lawsuit sought compensation for the property, lost business goodwill, relocation benefits
for moving the business to Et Monte and costs of carrying the property and lost rents
since that move.
In response to the lawsuit the Connnission made a fort-nal offer to purchase the property
at its appraised value and, when that offer was rejected, filed a direct condenmation
action to acquire the property. The Con-imission deposited $119,000.00 into court as
probable compensation to be applied towards the purchase price. That money was
withdrawn to pay off existing loans secured by the property.
The two lawsuits have been consolidated for trial and a legal issues trial is scheduled for
February 13: 2003, TO try before the trial judge the issues of whether The Deardens are
entitled to recover on their inverse and lost goodwill claims. After that is deternuned Lhe
court will set a second trial at which valuation issues will be tried to a jury.
I am advised by the Deardens' attorney that they are now prepared to settle all claims for
payment of all additional $20,000. This is a substantial reduction from the claims
asserted during Jerry Deardens deposition: $249,000 for the property and $229,000 for
relocation expenses and lost business goodwill. Moreover; if they prevailed on their
inverse claims, the Deardens would be entitled to recover them attorneys fees and interest
from the date of taking. However, I do not believe they can prevail on any of their
claims other than those for the value of the property the Commission is acquiring.
For payment of the additional $20,000, and costs of'suit estimated at less than
$1,000.00, the Conunission would obtain title to the property through a final order of
condenmation pursuant to a settlement agreement by which the Deardens waive all
claims for compensation in the inverse action, the direct action and for relocation
expenses.
The proposed settlement amount is less than what 1 anticipate the Commission will
spend in attorneys fees and expert witness fees in the course of the two trials necessary
to resolve this case. For that reason I recommend the Cotrmiission accept the settlement
and instruct the City Manager/Executive Director to enter into a stipulation for judgment
and final order of condemnation upon these teens.