Table of Contents
Agenda 2 Agenda Items 6a. City Council Minutes 10 6b. Register of Audited Demands 54 6c. Request for Personnel Changes 68 6d1. Reso.221-01, Afforable Housing Parcels 72 6d2. Reso 21-02,Employment Contract 76 6d3. Reso.21-03, Historical House, Rager 88 6d4. Reso.21.04.Miramar Agreement Revision 100 7a. Appeal Hearing, Fountains MHP 128 7b. 2021-22 CDBG Program 168
1 CITY OF LA VERNE CITY COUNCIL AGENDA
Tim Hepburn, Mayor www.cityoflaverne.org (909) 596-8726 - Phone Robin Carder, Mayor Pro Tem (909) 596-8740 - Fax Muir Davis, Council Member City Hall Council Chamber Rick Crosby, Council Member 3660 D Street Wendy M. Lau, Council Member La Verne, CA 91750
Tuesday, January 19, 2021 - 6:30 p.m.
Tonight’s Council meeting will again be closed to the public in compliance with Governor Newsom’s Executive Order to minimize the spread of the COVID-19 Virus. However, the City encourages public participation and as such want to make residents aware of the following opportunities on how to participate: 1. Individuals can email their comments to the Assistant City Clerk at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by email or any other format to the City Clerk and City Council are public records and are made available for public viewing.
Individuals who wish to share their comments directly during the meeting may do so by emailing the Assistant City Clerk at [email protected] with their phone number and the item(s) they wish to speak on. Requests will be accepted before and throughout the meeting and staff will call you back at the appropriate time. Once items are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3-minutes is set for all public comments.
In compliance with the American Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Office at (909) 596-8726 at least 48 hours prior to the meeting. Regular Meetings are held on the 1st and 3rd Monday of every month.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Council Member Davis, Council Member Crosby, Council Member Lau, Mayor Pro Tem Carder and Mayor Hepburn.
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4. PRESENTATIONS
a. Waste Management Update on Services - Effective December 28, 2020, Waste Management reduced the pick-up frequency of for greenwaste and recycled items in response to COVID related staffing shortages. Teri Muse, Waste Management’s Public Sector Solutions Representative will provide an update on the impacts confronting Waste Management’s operations as well as their efforts to restore and maintain contracted service levels.
b. Housing Element Update Presentation - Amanda Tropiano of De Novo Planning Group will present to the City Council a briefing on the City’s Housing Element Update for the 2021-2029 planning period. An overview of the Housing Element Update process as well as the progress to date on the Housing Element Update will be provided.
5. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS (Any person who wishes to make a brief announcement of a future community event that is open to the general public may do so at this time)
6. CONSENT CALENDAR (All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)
a. City Council Minutes of December 21, 2020, to be received and filed.
b. Register of Audited Demands approval recommended by the Interim Finance Director for the following:
In the amount of $954,251.81 dated November 25, 2020 In the amount of $248,346.98 dated December 16, 2020 In the amount of $1,059,551.67 dated December 22, 2020; and In the amount of $382,598.257 dated December 29, 2020
c. Request for Personnel Changes - At the La Verne City Council meeting on April 6, 2020, City Council authorized contracting with the City of Pomona for jail services. The motivation for contracting these services was to reduce the liability related to jail operations and eliminate the challenges the department had been facing with constant recruitment and retention issues of jail staff. Additionally, this change would provide an estimated operational savings of $170,000. In that report it was noted that the department would evaluate how the anticipated savings would be used to make operational improvements. This report will provide an update for council on jail service as well as seeking authorization to implement the addition of a sergeant with the savings.
The Police Chief recommends that the City Council approve the additional position of one (1) Sergeant to Patrol Operations to be effective February 1, 2021 and approve additional appropriations of $51,100.
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d. Staff recommends approval and passage of the following Resolutions:
1. Resolution No. 21-01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, EXTENDING TIME FOR INITIATING ACTIVITIES FOR DEVELOPMENT OF HOUSING ASSETS. (APN #8666-045-927 and APN #8666-038-918).
The City owns two (2) properties that must be developed for affordable housing or sold. The time within which to commence activities for such development has expired. Adoption of the subject resolution will provide staff with additional time in which to provide for development of the parcels.
The Community Development Director recommends that the City Council adopt Resolution No. 21-01 to extend time within which to initiate activities to develop affordable housing on the subject parcels.
2. Resolution No. 21-02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, EXTENDING AN AGREEMENT WITH “RETIRED ANNUITANT” MARK ALVARADO FOR INTERIM DIRECTOR OF FINANCE SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME.
As a result of a continued vacancy, the City and Mark Alvarado are desirous to extend a retired annuitant employment agreement pursuant to Executive Order N- 84-20.
The Assistant to the City Manager recommends that the City Council approve the attached resolution authorizing the City Manager to execute an employment agreement extension with Mark Alvarado to provide interim, part-time employment.
3. Resolution No. 21-03 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESIGNATING THE RAGER HOUSE AS A LOCAL LANDMARK; APPROVING A HISTORICAL PROPERTY AGREEMENT; AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH THE OWNERS OF THE LANDMARK PROPERTY.
The owners of 2433 3rd Street requests: (1.) Recognition of the home, the Rager House, as a local cultural landmark, and (2.) Approval of a Historical Property Agreement, also known as a “Mills Act” contract, which commits the current and future owners to maintain their historic property in an exemplary manner and to retain or, where appropriate, restore historic features. The Agreement will result in lower property taxes for the owners.
The Community Development Director recommends approval of Resolution No. 21- 03 designating 2433 3rd Street as a local landmark and approving the Historical Property Agreement.
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4. Resolution No. 21-04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAVERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE CITY OF LA VERNE, THE THREE VALLEYS MUNICPAL WATER DISTRICT, AND THE GOLDEN STATE WATER COMPANY (“THE PARTIES”) REPLACING THE 1984 AGREEMENT FOR THE CONSTRUCTION, OPERATIONS, AND MAINTENANCE OF MIRAMAR WATER TREATMENT, WATER TRANSMISSION, AND HYDROLELECTRIC FACILITIES.
In the early 1980’s, the City began to seek out partners to construct a new water treatment plant in response to changes in water quality regulations and water demands. This ultimately led to approval of the 1984 “Miramar Agreement” between the City of La Verne, the Three Valleys Municipal Water District, and the Golden State Water Company. After nearly 35 years, much of what is contained in the 1984 Agreement is no longer valid nor reflects present operational demands. City staff, in cooperation with Three Valleys and Golden State representatives, has drafted an updated agreement for consideration. This simplified agreement supersedes the 1984 Agreement and reflects TVMWD’s current operational practices while preserving the City’s primary right, which is fifty percent of the water treatment plant’s capacity.
Interim Public Works Director recommends approval of Resolution No. 21-04, authorizing the Mayor to execute an agreement with the Three Valleys Municipal Water District and Golden State Water Company regarding the operation and maintenance of the Miramar Water Treatment Plant and terminating the 1984 “Agreement for Construction, Operation, and Maintenance of the Miramar Water Treatment, Water Transmission, and Hydroelectric Generating Facilities.” (Staff has determined that this action is not a project in accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and City of La Verne environmental guidelines. The recommended agreement simply documents current operational and maintenance practices with respect to the Miramar Water Treatment Plant and will not, in and of itself, have a physical impact and is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment.)
7. PUBLIC HEARINGS
a. Appeal of Case No. 96-20CUP, 3530 Damien Avenue - A request to obtain a Conditional Use Permit to Expand The Fountains Mobile Home Park’s Existing Recreational Vehicle Parking Lot - The Planning Commission approved Case No. 96-20CUP at the December 9, 2020 meeting for the expansion of The Fountains Mobile Home Park’s (MHP) existing Recreational Vehicle (RV) storage lot at 3530 Damien Avenue. On December 21, 2020, Matthew Foster and Diana Hauner, residents of 3428 Damien Avenue, filed an appeal of the decision which requires the Council’s review.
STAFF RECOMMENDATION: The City Council, after conducting the public hearing, should uphold the decision made by the Planning Commission to approve Case No. 96-20CUP with the adopted conditions of approval.
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b. Community Development Block Grant Program for 2021-2022 - This is the 47th funding year for the Community Development Block Grant Program. According to the Los Angeles County CDBG Bulletin, the City of La Verne will be allocated approximately $151,848 in Community Development Block Grant (CDBG) funds.
The Community Development Department recommends the following allocation of the 2021- 2022 Community Development Block Grant (CDBG) funds as follows:
2021-2022 CDBG Allocation $151,848
Senior Hot Lunch Program $ 30,369 Sidewalk Repairs $ 58,000 ADA Automatic Door Opener at City Hall $ 5,000 ADA Automatic Door Opener for Public Restroom at the $ 5,000 Community Center Unallocated: $53,479
This recommendation is made after consideration of the federal allocation requirements and the desire to continue the existing public service program. The Community Development Department further recommends that the City Council approve Resolution No. 21-05 approving participation in the 2021-22 Community Development Block Grant Program with the County of Los Angeles.
STAFF RECOMMENDATION: The City Council should approve the 2021-2022 Community Development Grant funding allocation by approving Resolution No. 20-05, approving participation in the Community Development Block Grant Program and selecting certain projects.
Resolution No. 20-05 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND SELECTING CERTAIN PROJECTS FOR FUNDING IN THE FISCAL YEAR 2021–2022.
8. PUBLIC COMMENTS/ORAL COMMUNICATIONS - This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Please email your public comment to the Assistant City Clerk at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record. If you wish to speak, email your phone number and staff will call you back. There is a 3-minute time limit on public comments.
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9. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS - Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended.
10. CLOSED SESSION: The City Council will meet in Closed Session pursuant to Government Code Section 54957.6 for the following: Conference with Labor Negotiator
Negotiators: City Manager, Assistant to the City Manager, and City Attorney
Employee Organization(s): La Verne City Employees Association, La Verne Police Officers’ Association, La Verne Firefighters’ Association, La Verne Police Middle Management Association and all unrepresented employees.
11. ADJOURNMENT in memory of La Verne resident and Police RSVP Jack Swank. Jack was born on December 4, 1927 in Marion, Indiana. At the age of 18, Jack enlisted in the U.S. Army Signal Corps. From 1947 to 1948 he was assigned to the Army of Occupation after Germany was defeated. After his military obligation, Jack started his career in the aerospace industry working for the Bendix Corp. as a telemetry technician. Jack later worked for such companies as McDonnel Douglas, JPL, Resdel Engineering and Navcom Defense Electronics to name a few. He was involved in projects such as the Atlas Missile, Mercury and Gemini space launches. Jack was involved in every Gemini launch from 1965 to 1966. In November of 1965, he married Suzanne and they moved to California. In 1967 he went to work for the Jet Propulsion Laboratory (JPL) Deep Space Tracking Station in Barstow, California. In 1968, they moved to Quito, Ecuador to provide communications for the Application Technologies Satellites. He returned to Pasadena in 1969 where he transferred to the Pasadena branch of JPL. After the decline of the space industry in 1973, Jack went into business working on servicing two -way radios and the first of the hand held mobile telephones. Towards the end of his career he worked for Navcom Defense Electronics until his retirement in 1992. In 1996, Jack became a volunteer LASER and helped develop the program that provides emergency radio services in case of a catastrophic failure of the police radio system. In 2002 Jack and his wife became RSVP’s for the city of La Verne. Jack was instrumental in writing the training manual for the RSVP program and took it upon himself to train many of the newly recruited RSVP’s. Jack passed away on Thursday, December 24, 2020 and is survived by his wife Suzanne and his daughter Judy Swank.
And
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In Memory of Dr. Garbis Der-Yeghian, La Verne resident. Dr. Der-Yeghian was born and raised in Beirut, Lebanon. He earned Bachelor's degrees in Political Science/Public Administration and Mathematics (Summa Cum Laude) as well as Master's degrees in Educational Administration and International Relations from the American University of Beirut. At the age of 17, he began teaching at both the elementary and high school level in Beirut before serving as high school principal in Lebanon at the age of 22. After moving to the United States, he attended Northwestern University earning his doctorate in Human Development and Social Policy, and the University of La Verne earning a second doctorate in Educational Management. He holds honorary doctorates from five universities. He is the first Armenian American inducted into the Academy of Diaspora Sciences in Armenia.
Dr. Der-Yeghian was internationally recognized as the founder and catalyst of Armenian higher education in the United States. He served as dean and president, as well as professor of Education and International Relations at the American Armenian International College/University of La Verne from 1976 to 1992. In addition, eleven universities have bestowed upon him honorary professorships. Dr. Der-Yeghian was a visionary and dynamic community Leader in Southern California. He was a peacemaker and consensus-builder and highly respected by all segments of the community. Dr. Der- Yeghian was a recipient of more than 200 national and international recognitions and has been honored by a score of heads of States, government officials, universities and organizations. He authored fourteen books on current affairs, history and education, and presented more than 100 scholarly papers at international conferences.
Dr. Der-Yeghian was a dedicated Rotarian. He joined the La Verne Rotary Club in 1981. He also served on the International Service Rotary District 5300 as Chair and Governor. He delivered more than 1,500 speeches to Rotary clubs throughout the world. Through his efforts, the Rotary Club of La Verne was able to establish the first Rotary Club in the former Soviet Union. In 2002, at the Rotary International Convention held in Barcelona Spain, he was honored as "World Champion and Most Distinguished Past District Governor." He is also the recipient of "Rotary District 5300 Peace Ambassador" title in 2000, Rotarian of the Year award in 1990, 1995, 2000, 2006, 2010 and 2014; Meritorious Service award in 2005, Rotary's "SERVICE ABOVE SELF" award in 2007 and "Peacemaker of the Year" District 5300 inaugural award in 2010.
In 2013, at the Rotary District 5300 24th anniversary peace conference, the District Governor proudly announced the establishment of the "Garbis Der-Yeghian Peace Institute" in honor and in appreciation of the District's peace conferences dynamic and visionary founder and chair. In March 2005, Garbis made history by co-chairing and serving as keynote speaker of the first ever Rotary International Caucasus Peace Conference held in Ankara, Turkey, and attended by Armenian and Turkish Rotarians.
In 2016, the La Verne City Council presented a special proclamation to Dr. Der-Yeghiayan exalting his unique virtues as a distinguished member of the La Verne community admirably volunteering his time, knowledge and resources, visionary college president and devoted professor, prominent scholar and prolific author, extraordinary leader in Rotary International and relentless peacemaker . He was congratulated for his 40th year of service to higher education as well as for forging an impressive legacy in academia and for being one of the most highly regarded and beloved professors among students and faculty. He was also thanked for his role in furthering recognition of the City of La Verne on an international level and for facilitating the establishment of a sister-city relationship with the City of Etchmiadzin in Armenia in 1985.
His interests were Church activities, playing the violin, conducting, chess, writing and photography. He is survived by his wife Angela and two sons.
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THENEXT REGULAR MEETING of the La Verne City Council is scheduled for Monday, February 1, 2021, at 6:30 p.m.
The La Verne City Council thanks the residents for taking all precautions to prevent the spread of the COVID-19 Virus.
ADVISORY STAFF
____ Robert Russi, City Manager ____ JR Ranells, Assistant to the City Manager ____ Robert Kress, City Attorney ____ Lupe Gaeta Estrella, Assistant City Clerk ____ Dan Keesey, Interim Director of Public Works ____ Eric Scherer, Director of Community Development ____ Mark Alvarado, Interim Finance Director ____ Nick Paz, Police Chief ____ David Segura, Interim Fire Chief ____ Dominic Milano, City Engineer ____ Bill Elftman, Information Services Manager
Posting Statement: On January 12, 2021, a true and correct copy of this Agenda was posted on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at cityoflaverne.org.
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MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA VERNE Monday, December 21 . 2020
1. In order to minimize the spread of the COVID-19 Virus, Governor Newsom issued an Executive Order that temporarily suspends requirements of the Brown Act. The Council Chambers was closed to the public, La Verne City Council Members attended this meeting telephonically, and meeting was live streamed on the City's website.
2. A regular meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:31 p.m.
3. Council Members present: Mayor Tim Hepburn Mayor Pro Tern Robin Carder Council Member Muir Davis Council Member Rick Crosby
Absent: Council Member Wendy Lau
Advisory personnel present: City Manager Robert Russi City Attorney Robert L. Kress Assistant to the City Manager JR Ranells Assistant City Clerk Lupe Gaeta Estrella
4. Pledge of Allegiance was led by Council Member Crosby.
5. Recognition of Community The City Council recognized and thanked Community Services Director Bill Services Director Bill Aguirre Aguirre on 37-years of Service to the City of La Verne and wished him well on on his Retirement and 37-years his retirement. of Service to the City of La Verne.
6. Announcements of Upcoming Mayor Hepburn called for any public announcements and waited for staff to Community Events check for any announcements via telephone communication.
There was none.
7. Consent Calendar It was moved by Carder, seconded by Crosby and carried by a vote of 4-0, (Lau Absent) to accept, approve, or act on the Consent Calendar items, except for the following items that were pulled for discussion.
};> Register of Audited Demands };> Extension of Communication Consultant Engagement };> Addition of Concrete Improvements on the West Side of D Street from Bearcat Way to 1,040 Feet South };> Resolution No. 20-87 - Approving the Application under The Statewide Parks Development and Community Revitalization Grant Program for the Teen Center };> Resolution No. 20-89 - Extending Local Emergency
City Council Minutes Regular and Adjourned Cjty Council Minutes of December 7, 2020, received and filed.
10 January 19, 2021, City Council Meeting Page No. 2 City Council Minutes, Monday, December 21 , 2020, Page 2
Pulled for Further Discussion/ Register of Audited Demands pulled by La Verne resident Richard Bowen. Register of Audited Demands Phone communication from Mr. Bowen inquiring on payments.
Mayor Hepburn responded to his question.
It was moved by Davis, seconded by Crosby, carried by a vote of 4-0 (Lau Absent) to approve Register of Audited Demands in the amount of $926,558.21, dated December 3, 2020, and in the amount of $2,732,547.87, dated December 9, 2020, as recommended by Interim Finance Director.
To hear what was said during discussion for the above item, please visit the City's website to view the archived Council meeting.
Treasurer's Report for the Treasurer's Report tor the Month of July, 2020, received and filed. Month of July, 2020
Declaration of Surplus Property Declaratjon of Surplus Property - Certain vehicles and equipment have been depreciated through the equipment fund and scheduled for replacement. Each unit is no longer useful or is ineffective for current operational requirements. Each will become surplus to the city's operational needs and should be disposed per Administrative Regulation No. 606 upon replacement.
The Interim Public Works Director recommended that the City Council declare the vehicles and equipment identified in Attachment A as surplus to the City's needs and further recommends that the staff be directed to sell each in a fair and equitable manner per Administrative Regulation No. 606. This action is not considered a "Project" under the definition of the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review. Approved.
Request for Budget Request for Budget Amendment for the Purchase of Equjpment for Amendment for the Purchase LI£ri - A budget amendment is requested to reimburse the University of of Equipment for LVTV - La Verne for equipment to run the La Verne Television Channel (LVTV). The University has determined the purchase of a new playout system is needed to support the community access channel. The monies for any additional expenditure come from PEG funds. The University has determined this piece of equipment will last for the next 7 to 10 years.
The Community Services Director recommended that the City Council should approve a budget amendment appropriating $11,050 of PEG fu nds, $4,900 from the current budgeted year and $6,1 50 from reserve funds to purchase a new playout system for the community access channel, LVTV . Approved.
Christmas Morning Route Christmas Morning Route - Consistent with actions in prior years and per the Police Chiefs recommendation, the Council is requested to authorize a "Parade Route" designation throughout the City for the Christmas Morning Program.
T he City Manager recommended that the City Council should designate the streets in the City of La Verne as a parade route on December 25, 2020, from 7:00 a.m. until 5:00 p.m. to complete the Christmas Morning Program. Approved.
11 January 19, 2021, City Council Meeting Page No. 3 City Council Minutes, Monday, December 21 , 2020, Page 3
Pulled for Further Discussion Extension of Communication Consultant Engagement pulled for further Extension of Communication discussion. Consultant Engagement - As part of the budget discussion City Council expressed a desire for the City to improve communication efforts with the community. At that time staff developed an outline of the approaches to achieve those efforts. One aspect was the temporary engagement of a communication firm until a full RFP process could be completed . That process has now been completed and based on the responses Tripepi Smith is being recommended as the responsive bidder for this work.
Phone communications from Jackson Salinas, Kathy Newlon and Pam Berry. Emails received on this matter are attached.
City Manager Russi responded to their questions.
Mayor Pro Tern Carder suggested that the City look into highlighting a different Council Member each month on social medial to update the community on what the City is doing or working on.
To hear what was said during discussion for the above item, please visit the City's website to view the archived Council meeting.
It was moved by Crosby, seconded by Davis, and carried by a vote of 4-0 (Lau Absent) to approve the 2-year contact with Tripepi Smith to assist with the City's communication and social media efforts and appropriate $45,000 for the remainder of the 2020/21 fiscal year to fund their activities, as recommended by the City Manager.
Pulled for Further Discussion/ Addition of Concrete Improvements on the West Side of D Street from Addition of Concrete Bearcat Way to 1,040 Feet South was pulled for further discussion. Improvements on the West Side of D Street from Bearcat Due to extremely favorable prices received on the original project, staff Way to 1,040 Feet South authorized the contractor to expand the removal and replacement of concrete sidewalk by adding an additional 9,640 square feet of improvements to their scope of work. The engineering estimate for this project was $200,000, with the initial bid submitted at roughly half of the estimate.
Phone communication from Richard Bowen and email from Mr. Bowen is attached.
City Manager responded to his question.
It was moved by Carder, seconded by Crosby, and carried by a vote of 4- 0 (Lau Absent) to approve the additional scope of work for concrete improvements in the amount of $88,865, as recommended by the Interim Public Works Director.
To hear what was said during discussion for the above item, please visit the City's website to view the archived Council meeting.
Resolution (s) passed & adopted, as recommended, as follows:
12 January 19, 2021, City Council Meeting Page No. 4 City Council Minutes, Monday, December 21 , 2020, Page 4
Resolution No. 20-86 - Resolution No. 20-86 - Authorizing Execution of an Agreement with LSA Authorizing Execution of an Associates, Inc. for the Preparation of the Environmental document for Agreement with LSA a Proposed Residential Development at 3717 Fruit Street and at 1874, Associates, Inc. for the 1876, and 1878 Walnut Street - The Community Development Department Preparation of the is currently processing applications submitted by Brandywine Homes for a Environmental document for a proposed residential development at 3717 Fruit Street (APN 8666-017-028) Proposed Residential and at 1874, 1876, and 1878 Walnut Street (APN 8378-007-907, 8378- Development at 3717 Fruit 007-908, and 8378-007-909). Along with the applicant, the City has selected Street and at 1874, 1876, and environmental consulting firm LSA Associates, Inc. to prepare the necessary 1878 Walnut Street - environmental documents required for the development project in conformance with the California Environmental Quality Act (CEQA).
The Community Development Director recommended that the City Council should adopt Resolution No. 20-86, authorizing execution of an agreement with LSA Associates, Inc. for environmental services related to the preparation of CEQA documents for Brandywine Homes' proposed residential development at 3717 Fruit Street and at 1874, 1876, and 1878 Walnut Street (Attachment A). Approved.
Resolution No. 20-86 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL CONSULT ING SERVICES FOR A PROPOSED RESIDENTIAL DEVELOPMENT AT 3717 FRUIT STREET AND AT 1874, 1876, AND 1878 WALNUT STREET. Approved.
Pulled for Further Discussion/ Resolution No. 20-87 - Approving the Application under The Statewide Resolution No. 20-87 - Parks Development and Community Revitalization Grant Program for the Approving the Application Teen Center was pulled for further discussion: under The Statewide Parks Development and Community Evan Brooks and Associates have prepared a grant application for the Revitalization Grant Program Statewide Parks Development and Community Revitalization Program for the for the Teen Center - Teen Center to be submitted in March 2021 . The resolution must be submitted as part of the application packet. Funding request is for $3,000,000.
Phone Communication from La Verne residents Jackson Salinas, Peter Schafer, Hans Egholm, Carissa Weber, Sherry Best, Pam Berry, and Donna Dye urging the City Council to save the Redwood Trees, locate the Teen Center elsewhere and suggestions on how to keep the trees; and still bu ild the Teen Center.
Emails received regarding Teen Center are attached.
After City Council discussed the matter, it was recommended by Carder, seconded by Davis, and carried by a vote of 3-0 (Lau Absent and Hepburn No) to approve Resolution No. 20-87 for the Statewide Parks Development and Community Revitalization Program grant funds. To hear what was said during discussion for the above item, please visit the City's website to view the archived Council meeting.
Resotutjon No. 20- 87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAVERNE, COUNTY OF LOS ANGLES, STATE OF CALIFORNIA, APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS. Approved.
13 January 19, 2021, City Council Meeting Page No. 5 City Council Minutes, Monday, December 21 , 2020, Page 5
To hear what was said during discussion for the above item, please visit the City's website to view the archived Council meeting.
Resolution No. 20-88 - Resolution No. 20-88 - Services Agreement with the City of Covina for Services Agreement with the Emergency Dispatch Personnel - In January of this year, the City Council City of Covina for Emergency authorized Resolution No. 20-05, allowing the Police Departments of Covina Dispatch Personnel - and La Verne to share staffing to maintain 24-hour dispatch operations. The attached revised agreement allows for that arrangement to continue on a limited, as needed, basis through December 31 , 2023.
The Police Chief recommended that the City Council should approve Resolution No. 20-88, authorizing the City Manager to enter into an agreement between the Cities of La Verne and Covina for emergency dispatch personnel. Approved.
Reso,utjon No, 20-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING AN AGREEMENT WITH THE CITY OF COVINA FOR SUPPLEMENTAL LAW ENFORCEMENT FUNCTIONS RELATING TO POLICE DISPATCHING SERVICES. Approved.
Resolution No. 20-89 - Resolution No. 20-89 - Extending Local Emergency pulled for further Extending Local Emergency discussion
Pursuant to Government Code 8630, the City Council must "review the need for continuing the local emergency at least every 60 days until the governing body terminates the emergency." The Council is asked to reaffirm the ongoing need for the local emergency that has been declared and reaffirmed by the Council.
Phone communication from Jackson Salinas
It was moved by Davis, seconded by Carder to adopt Resolution No. 20- 89, reaffirming the ongoing need for the local emergency declared by Resolution No. 20-17, as recommended by the City Attorney.
Resolutjon No, 20-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, AND THE STATE OF CALIFORNIA REAFFIRMING THE ONGOING NEED FOR THE LOCAL EMERGENCY INITIALLY DECLARED ON MARCH 16, 2020. Approved.
To hear what was said during discussion for the above item, please visit the City's website to view the archived Council meeting.
Resolution No. 20-90 - Authority Resolutjon No, 20-90 - Authorjty tor Cal Recycle Grants - The California for Cal Recycle Grants Department of Resources, Recycling and Recovery (Cal Recycle) requires a resolution authorizing the submission of grant applications and designated authority. This resolution authorizes the Director of Public Works or his/her designee to submit grant applications and to administer other functions related to the California Department of Resources, Recycling and Recovery recycling programs and grants.
14 January 19, 2021, City Council Meeting Page No. 6 City Council Minutes, Monday, December 21 , 2020, Page 6
The Interim Public Works Director recommended that the City Council should approve Resolution No. 20-90 designating the Director of Public Works as the authorized administrator for the California Department of Resources, Recycling and Recovery Grant Program and approving the submission of such applications. Approved.
Resolutjon No, 20-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, AND THE STATE OF CALIFORNIA, AUTHORIZING THE SUBMITIAL OF APPLICATIONS TO THE CALIFORNIA DEPARTMENT OF RESOURCES, RECYCLING AND RECOVERY FOR GRANT PROGRAMS. Approved.
8. Resolution No.20-91 - Assistant to the City Manager Ranells reported on Resolution No.20-91, Approving Class Specifications approving class specifications and salaries for Community Services Manager, and Salaries for Community Community Services Coordinator, and Community Services Specialist as well Services Manager, Community as a request for authorizing position changes. He stated that as a result of the Services Coordinator, and approaching retirement of Community Services Director Bill Aguirre, staff has Community Services Specialist been evaluating ways to reorganize classifications and functions within the as well as Authorizing department to operate more efficiently. In order to facilitate the desired Requested Position Changes efficiencies, staff is recommending approval of Community Services job classifications and establishing associated salaries as well as authorizing requested position changes. In accordance with the City's personnel rules and regulations, such changes require formal City Council approval
Mayor Hepburn called for public comment on this matter and waited for staff to check for any announcements via telephone communication.
There was none.
It was moved by Davis, seconded by Crosby and carried by a vote of 4-0 (Lau Absent) to approve Resolution No. 20-91 , approving class specifications and salaries for Community Services Manager, Community Services Coordinator, and Community Services Specialist as well as authorizing position changes.
Resolution No. 20-91 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.APPROVING CLASS SPECIFICATIONS AND SALARIES FOR COMMUNITY SERVICES MANAGER, COMMUNITY SERVICES COORDINATOR, AND COMMUNITY SERVICES SPECIALIST AS WELL AS AUTHORIZING REQUESTED POSITION CHANGES. Approved.
9. Adoption of a Resolution No. Assistant Planner Mccurley reported on Resolution No. 20-92, authorizing 20-92, Authorizing Execution of execution of a Disposition and Development Agreement with Brandywine a Disposition and Development Acquisitions Group, LLC. She stated that Brandywine Homes has proposed a Agreement with Brandywine new residential development at 3717 Fruit Street (APN 8666-017-028). Acquisitions Group, LLC Approval of the entitlements for the proposed project will be conditioned with a requirement to provide affordable housing units. The proposed Disposition and Development Agreement addresses the terms of fulfilling the City's affordable housing requirements for the proposed project at 3717 Fruit Street, and more specifically, allows the conveyance of City-owned property on Walnut Street (APN 8378-007-907, 8378-007-908, and 8378-007-909) to Brandywine Homes for the development of the required affordable housing units
Mayor Hepburn called for public comment on this matter and waited for staff to check for any announcements via telephone communication.
15 January 19, 2021, City Council Meeting Page No. 7 City Council Minutes, Monday, December 21, 2020, Page 7
There was no phone communication. An email from La Verne resident Richard Bowen is attached. Assistant Planner Mccurley responded to his question referred to in his email.
It was moved by Davis, seconded by Crosby, and carried by a vote of 4-0 (Lau Absent) to approve Resolution No. 20-92, authorizing execution of a Disposition and Development Agreement with Brandywine Acquisitions Group, LLC (Attachment A).
Reso1ytjon No. 20-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BRANDYWINE ACQUISITIONS GROUP, LLC. Approved.
10. Short-Term Rental Update Community Development Director Scherer gave an update on the modifications made on the Short-Term Rental draft ordina nce. He stated that On November 16, 2020, the City Council of La Verne held a study session to discuss the Short-term Rental (STR) draft ordinance. The City Council provided staff with direction on some of the proposed modifications for STRs. Community Development Director Scherer presented Council the proposed modification and asked for further direction from Council.
Mayor Hepburn called for public comment on this matter and waited for staff to check for any announcements via telephone communication.
Phone Communication from George Richardson.
To hear what was said during his discussion, please visit the City's website to view the archived Council meeting.
After City Council discussion, the Council concurred with the proposed modifications to the draft Short Term Rental Ordinance and directed Staff to move forward with public hearing process.
11 . Public Comment This was the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Mayor Hepburn called for public comment and waited for staff to check for any public comment via telephone communication.
Phone Communication from Jackson Salinas, Terry Prentice, Linda Wilkinson, Richard Bowen, and Munahil Mahmood.To hear what was said during public comment, please visit the City's website to view the archived Council meeting.
Email received for Public Comment are attached.
Leah Skinner, La Verne Chamber of Commerce reported on new Chamber programs that were created to help small La Verne businesses and restaurants. Residents can visit Chamber website for more information.
Two public comments received via email (attached).
16 January 19, 2021, City Council Meeting Page No. 8 City Council Minutes, Monday, December 21 , 2020, Page 8
12. Update of Finance Director City Manager Russi responded to a question received by email for public Recruitment comment regarding the recruitment of the City's Finance Director. He stated the City was in the final stages and hopefully, recruitment will be done in a few months.
13. Council Comments Mayor Pro Tern Carder reported on the Arrow Highway tree removal project in conjunction with the Gold Line Construction Project and on the City of La Verne's Winter Wonderland drive-through event. She commended Recreation Coordinator Yvonne Duran and staff for the wonderful job they did in putting the event together and creating a Christmas festive event. She also thanked the Council, Public Works, Police, Fire, and Preschool Departments for their participation in the event.
Council Member Davis thanked Mr. Mahmood for his public comments and he wished everyone Merry Christmas and Happy Holidays. He urged everyone to stay safe!
Council Member Crosby stated that the City of La Verne's Winter Wonderland event was amazing. He stated he was very concerned with the surge of COVD-19 and on what was happening to Council Member Lau's father. He urged residents to think with their hearts and make the right decision this holiday season to protect their family and friends.
Mayor Hepburn thanked his wife Patty for her continued support as he serves as La Verne's Mayor. He also thanked the City Council for their support. Mayor Hepburn congratulated and commended the Finance Department for receiving the "Certificate of Achievement for Excellence in Financial Reporting" from the Government Finance Officers' Association. He urged residents to shop La Verne and to stay safe. He stated that the City continues to works with the County Supervisors to reopen La Verne. He sent his thoughts and prayers to Council Member Lau for her father's speedy recovery.
14. Cancellation of the January 4, Mayor Hepburn reported that due to limited need and consistent with past 2021 Council Meeting practices, the next regular meeting of the La Verne City Council scheduled for Monday, January 4, 2021, at 6:30 p.m. is cancelled
15. Adjournment at 8:45 p.m.
Respectfully submitted,
Lupe Gaeta Estrella, CMC Assistant City Clerk
17 January 19, 2021, City Council Meeting Page No. 9
Lupe Estrella
From: Richard Bowen < [email protected] >
Sent: Monday, December 21, 2020 5:38 PM ,A . _ 1 J..... ,.. -'-' To: CityClerk CornyY)un·~ ~'\Q.#'VJ 5 Subject: Questions for tonights meeting W {iz..r) f ~ ~ 0 ,\D"~ ~w-o. l,+\- , Please pull from the consent calendar: Item 6 g, 6 h You don't have to call me but please ask 3 questions :
-Item 6 g, where are the 3 competitive bids as described. I don't see them in the packet?
-Item 6 h, hasn't this work been completed? If so, who has the authority to spend $88 K of city money without council prior approval?
-Item 7. 2, Who owns this property? If privately owned, why is the city involved and giving away city property to assist in a private property sale? Why can't the seller spend part of the sale proceeds to buy the city land to give away?
If you can't ask these questions you can call me at 909 596 7631
Call me at the same number for public comment.
Thanks
1
18 January 19, 2021, City Council Meeting Page No. 10
~pe fstrella
From: Kathy Newlon
Thank you
Sent from my iPad
> On Dec 21 , 2020, at 8:15 AM, Lupe Estrella
19 January 19, 2021, City Council Meeting Page No. 11 > > Kat~leen Newlon .~ la Verne Resident > [email protected] > > > > Sent from my iPad
2 20 January 19, 2021, City Council Meeting Page No. 12
Lupe Estrella
From: Richard Bowen
Sent: Monday, December 21, 2020 5:38 PM tA _ , .!.-.. A ..A- I To: CityClerk CornyY)llVl~ ~ . , O.,V.J .5 Subject: Questions for tonights meetin g w iizn O t ~~ ~~ '' D(_ Shed; ~ 1\/U C. # , Please pull from the consent calendar: Item 6 g, 6 h You don't have to call me but please ask 3 questions :
-Item 6 g, where are the 3 competitive bids as described . I don't see them in the packet?
-Item 6 h, hasn't this work been completed? If so, who has the authority to spend $88 K of city money without council prior approval?
-Item 7. 2, Who owns this property? If privately owned, why is the city involved and giving away city property to assist in a private property sale? Why can't the seller spend part of the sale proceeds to buy the city land to give away?
If you can't ask these questions you can call me at 909 596 7631
Call me at the same number for public comment.
Thanks
1 21 \ ; (? C ~ January;l,l 1 ?19, 0 2021, 2 i) Citye_ot..lA"d Council Meeting l 4-ee:-(, ~ Page No. 13 \~~
Thank you for the opportunity to speak at last night's City Council meeting. Upon re consideration of the Teen Center proposal, I amended my original statement to support the location of the center at Las Flores Park. My comments included suggestions for enhancing La Verne with redwood salvaged from those trees that would be felled, and also strongly urged that the grant proposal be amended to omit the extra parking lot and access road. The strong opposition to the Teen Center from residents near Las Flores Park could be mediated, at least in part, by extending and/or widening the current parking lot and retaining the existing access road.
My temperament tilts toward compromise and I believe my input created outcomes in which all parties would gain some and lose some. If the grant packet for the Teen Center with access road and parking lot is submitted with no changes, I fear this reflects inflexibility on the part of the city administration. Residents near Las Flores Park will still feel angry and opponents of the removal of any trees from the redwood grove will still feel angry. Only people who support all aspects of the proposed Teen Center (with no changes) will be satisfied.
There is time to amend the grant packet before it is submitted for funding. As City Manager Bob Russi stated, funding would be predicated on implementing the project as proposed, so there would be no room for change once the packet is submitted. There would also be time to amend the schematic that accompanies the grant proposal to include an expanded/extended parking lot to deflect some of the criticism voiced by Las Flores Park residents. Residents near the park should be appraised of this change as a gesture to address their concerns. A statement in which city administration accepts solutions proposed by the La Verne Historical Society related to creation of a new grove and adaptive re-use of felled redwood trees would support the wishes of this constituent group.
I would like to be allowed to make one final suggestion related to this project. It is my understanding that families of teens were surveyed about their interest in a teen center, but residents who would be impacted by this center were not surveyed or otherwise invited to share their thoughts early in the process. A process whereby only those who would su pport a project are surveyed while those who pay the price receive less information and have little time to "buy in" can only result in negativity. I heard that neighborhood residents were notified about a meeting in October 2020 that presented them with the Teen Center proposal as it is presently envisioned, leaving them with little recourse except to fully accept or fully reject. Please correct me if residents in the Las Flores Park area were, in fact, notified and solicitated to participate at an earlier time other than through City Council presentations.
It appears that there may have been no clear understanding by neighborhood residents of the impact of locating the Teen Center at Las Flores Park. I cannot place all the responsibility on residents who might not have availed themselves of "top down" information dissemination on the city website or attended City Council meetings. People have many work and family obligations that create barriers to this form of participation. I like to think that I am informed
22 January 19, 2021, City Council Meeting Page No. 14
about city activities but the impact of the proposed Teen Center skated past me until an angry Las Flores Park resident contacted me on the Historical Society website.
How can we address these divisions among members of the community? I am hopeful that the Communication Consultant engaged to improve communication efforts with the city, can work to implement wider forms of social, print, and in-person outreach. Residents must be made to feel that they can work with city staff to craft projects from the "bottom up" or they will continue to function in a reactive manner, with a residue of resentment toward city governance. I look forward to hearing about changes made to the grant proposal for the Teen Center that soften the impact for nearby residents and address concerns related to the memorial redwood grove.
Most Sincerely,
Sherry Best
23 January 19, 2021, City Council Meeting Page No. 15
Lupe Estrella
From: Judy Bergquist-devoe
Please add my comments to Tomorrow night's City Council meeting minutes:
While a new teen center is a much needed concern, it should be recognized that chopping down a memorial Redwood Grove owned by the City is an unnecessary way to achieve this goal. Redwood trees are being destroyed by wildfires that will most likely increase in frequency due to climate change. Our grove has been in the City since 1976, close to 60 years, and should be preserved for present and future residents---it is a much-needed place of peace and tranquillity available for free use by everyone. A teen center can be built on one of the other proposed sites or new sites can be researched for this structure that the youth need to keep them off the streets.
Judy Bergquist-Devoe 3800 Bradford St. #226 La Verne, Ca 91750 626-215-3576
1 24 January 19, 2021, City Council Meeting Page No. 16
Lupe Estrella
From: Caroline G
To Whom it may concern:
I live and have lived here for years. I use and have watched others use this park as is .... nature in the woods and grassland and community.
I have been a part of the park and community center. I stand for children and adults alike.
I vote leave the park natural. Build up the library and community center for the children. You can slways build up, a second story for more space and fun. This serves all. .. .children , teens and adults.
Thank you Caroline Gotte Hueffmeier 2424 Pepper Street La Verne CA 91750
Sent from Yahoo Mail on Android
1 25 January 19, 2021, City Council Meeting Page No. 17
Lupe Estrella Oece1nb-ev d-l, 2. o2-0
From: Piedmont
To: Mayor Tim Hepburn, and the City Council of La Verne:
Hello, and thank you for the opportunity to share our comments as concerned residents near Las Flores park and the proposed Teen Center complex. While no one would want to hinder the development of our teens, informal polling of our neighborhood of 300 homes, and many residents from other parts of La Verne - including many young people, shows a resounding no. Again, we are for the development of healthy teens, but we but are against the removal of the green space and majority of the Redwood Grove at the north end of Las Flores Park - allow me to explain why:
We see this as an opportunity for La Verne to shift focus onto adaptive re-use of the Community Center and the Library, creating a 'win' for all residents in La Verne to be proud of. There are many advantages to expanding the Community Center into a beautiful 2-story building, some include: Location away from private homes; closer to Bon ita High School; closer to the skate park; closer to existing public transportation.
This would create a more collaborative and multi-functional use of existing space. Creating a bigger, better space gives the city an opportunity to refresh and enhance the character of the existing city complex, turning it into a true showpiece that can make an architectural statement about La Verne. Architecture defines a city.
The Community Center needs a refresh. The Library needs of a refresh. This can be accomplished in a fiscally responsible manner in phases. The City Hall building could even be updated in the future - taking City Government and staff from an old prior office building, to something that is a real presence. Isn't La Verne a city worth investing in?
Instead, you are proposing to spend $6 million on one more stand-alone building that is not cohesive and efficient. The Community Center is used part time. The Teen Center will be used part time. Bring th is together and everyone wins. Th is collaboration would even open opportunities for inter-generational learning interactions. From what we have heard the teen center will bring teens indoors - Why tear down part of a park and trees and Redwoods to just put teens indoors? Being outdoors in nature is a very important part of mental health for all.
Another forgotten space is the La Verne Sports Park. It already exists as a shared-use property on the High School grounds. There are multiple basketball courts that often go unused outside of school hours, and they are walking distance from the skate park and city complex. A collaboration with this current space is another win.
1
26 January 19, 2021, City Council Meeting Page No. 18 It is wrong to remove the proposed green space from Las Flores Park. The Coastal redwoods are a place of tranquility hard to find these days, that La Verne residents have depended on for years. Redwoods process 2-1/2 times the amount of carbon emissions than any regular tree. We disagree with harshly reducing a sanctuary of trees that were planted nearly 50 years ago by the families of the La Verne's founders. Cities need more space like this not less. Many residents from all over La Verne come daily to enjoy the space as it is - even residents from other cities come to this section of the park to enjoy the beauty.
This facility would be mere feet from our homes. No other nearby city - Claremont, Glendora, San Dimas - has their Teen or Rec Center anywhere near to homes like you propose. Claremont has a whole city block, and the Glendora center is adjacent to the 210 Freeway and a golf course!
We bought homes adjacent to an established park, not a vacant lot. Green space keeps the environment cooler, healthier and more beautiful. Asphalt and a reflective hot building, and electricity on all night every night does not. Do you all realize how large an 8000 square foot building is?
We have 300 condos here, 300 families. Each footprint of one of our condo buildings equals about the same footprint of a single-family home nearby and represents 4 families of voters. In today's real estate values this is 1.2-million dollars per building. It seems you worked hard to make sure th is was not placed near single family homes - why are you treating our homes different?
Our neighborhood is unable to sustain additional traffic and overflow parking -- especially on summer days and weekends. The visitors often in coach-buses that are parked up and down our streets. This neighborhood already supplies the city with a swimming facility, picnic area, open space, horseshoe pit, volleyball court, tennis courts, soccer field, and baseball fields. These small streets cannot handle more traffic, especially in the proposed compact entrance area.
You had many years to do a traffic study - why did you choose to not do one? And during Covid is not a prudent time to do a study.
We have heard mixed messages about operating hours, usage, and targeted age group. If you will have paid staff, how is the city going to fund adult staff for years to come? How will the city fund maintenance power for the building? This is not a revenue generator - how will the costs be covered for all future years?
If the plan is not yet officially confirmed or approved, why did the city send press releases to at least one local news outlet, saying that 'it will be built in Las Flores Park', earlier this month?
We urge you to think about a more cohesive, adaptive plan for the existing city buildings that will be a win for the City and all of its residents year-round. Not just a win for everyone except those who enjoy the current park space, and live nearby.
2
27 January 19, 2021, City Council Meeting Page No. 19
Thank you,
Peter and Lisa Schafer
3
28 January 19, 2021, City Council Meeting Page No. 20
Lupe Estrella
From: Mary Duggan
My name is Mary Duggan and I am a 19 year resident of La Verne. I am a member of the La Verne Historical Society.
I am sending this message to strongly object to the removal of any trees from the Evelyn Hollinger Memorial Grove at the Las Flores Park. The redwood trees in the grove were planted in 1976, lending a sense of grace, beauty, and solidarity to our community. Please, don't destroy these wonderful trees.
Sincerely, Mary Duggan
1 29 January 19, 2021, City Council Meeting Page No. 21
Lupe Estrella u_ ·+j Colv\l\ e,l l H.eo\i \)j , Dec e,M,be/ d-/, liJZi)
From: Kathy Olson
Hello,
I would like to go on record that I oppose the destruction of part of Las Flores Park and Redwood grove and the construction of a parking lot and building inside that park. People who live around that park will be impacted by more traffic, more chaos and noise.
Right now I see how the skate park on D Street is being ignored by authorities. None of the skaters wear helmets and it looks like way too many people are in there at once.
Eventually a teen center will tum into a place for gangs and homeless. They should build teen centers at the High School and at the Middle School.
Sincerely, Kathy Olson
1 30 l)~m be ( Ac 2 DZ. 0 ~U~l \ Vv\~ ~ January 19, 2021, City Council Meeting Decem~er 2020 Page No. 22 To La Verne City Council and Mayor Hepburn: \Rec'~ lZ-Z-l-20 We the undersigned petition La Verne City Council ana Mayor Hepburn as follows: We formally oppose the building of the City "Teen Center" at the north end of Las Flores park. We request the city council save our Redwood trees and park greenspace which is immediately adjacent to the homes. There are other locations in the city. Please do what is best for everyone. S ~m..\ -ttul by C:s. Q-v\e(" 3\ D- 2 y 3 5 Col I e-D-e Lo..-"" .e__ L tt. t/ e_.r r-- e_ / < ,.,',.. 3 - J., '-I : • ,. •. I I i ,/ I- ,r . . ..-- . ' ' ' - . ' • --.... I J ~ V I .,., . t.-- 4 '-" • • ; __,, -· '>, .~ ' . ''-""-- 4 ( . - . • ; DL \ /'I / _,, ' ... J t., .. "',\... ~ I • ) . 1..l - '. ... / .J" -· Loiv( ,.) '3 C> r ~ fi3oJ/,,"' A< " ,J ,r'(' 7 } . I ' .~ ,t-,, 16 r ·L· --;d ~<15 c: , .::._-z.. v !. Lz_.'7, . . . _ __,, . ' . 17 , , -· I .._ / ~ 1 I'\ / ..-- --' '-- I - G (.:.. l <.. "- 18 19 20 31 January 19, 2021, City Council Meeting Decem~er 2020 Page No. 23 To La Verne City Council and Mayor Hepburn: We the undersigned petition La Verne City Council and Mayor Hepburn as follows: We formally oppose the buil~ing of the City "Teen Center" at the north end of Las Flores park. We request the city council save our Redwood trees and park greenspace which is immediately adjacent to the homes. There are other locations in the city. Please do what is bes• for everyone. 3061 "<\<:>\.l w ood. Lo... Y e r--ne c ,.\ ' q, 75<.J \ L' r ,.., ~- ~.,'>- 1 Cv, . ,J,) ...... , ,.,.._ "' . .-, I .' :...... i, .~ .; 27 \ C. / \\ 28 c:i. 1 I . ~(\C.'\ bw \ /7 / --,< F \' . Lc.. 1/er/U, C.A ({ t <.:, .LJ . ,.) + 32 ./. 33 : , 'CJJ I\ 't.." :5cw efN 34 A"' 2 1 "I 'y, 36 38 ·-r - l ,'I 39 go.£ i , v;,. -r=-; (,, r). ~ l.,(..- v...., .... -c c> q 175 o ..!,C'S -( i ~-· ,: J .;, ·~- ( ,,l .,. , 43 / / t / - ._;-;,,,, .... \ . - c.· ... • •• I.. . ,. ~ '". L.L ,,,...,..___., ~-- ~------32 January 19, 2021, City Council Meeting Decem~er 2020 Page No. 24 To La Verne City Council and Mayor Hepburn: We the undersigned petition La Verne City Council and Mayor Hepburn as follows: We formally oppose the building of the City "Teen Center" at the north end of Las Flores park. We request the city council save our Redwood trees and park greenspace which is immediately adjacent to the homes. There are other locations in the city. Please do what is best for everyone. 44 45 46 48 49 /f , .. , • '1 /1..- \J (_ ·•~ , /L]/ . ~ 55 56 -<'.: . l . , . 57 r /'· I! ·.r I, -';.., 11 · l.,,/ 58 ~EN1 61 i .. .. ,,.., . !--,.. 'K "'~· ,1'!. 62 I ·-""~>- CA.-fl\~r ,_,"-0.At I 63 .~ . L-~11\ 'LIL le; 64 13~" J u ~ , 'i}j 65 (rJIW{\('ac l ~ 33 January 19, 2021, City Council Meeting Decen er 2020 Page No. 25 I To La Verne City Council and Mayor Hepburn: · We the undersigned petition La Verne City Council and Mayor Hepburn as follows: We formally oppose the building of the City "Teen Center" at the north end of Las Flores park. We request the city council save 01.1r Redwood trees and park greenspace which is immediately adjacent to the-homes. There are other locations in the city. Please do what is best for everyone. 66 69 ( \ i (~ 75 -.--,{ I./~ 76 ,·. .,.' 9 . (j I 80 \ 1J L/(. i · \ · l h l ..i \X < I_\ " 1_,,\r z. C \ -\ 1--\ '"; ;-1 81 ) · r "- ~\~ t....t ,,., .~' \l\ l t ,.., 1,\ ,1( ,--\ ,, , ";' . \\ L ' ..... • • 'I • ~ ) )H-\ l..\ \ Co\\ ..• _( l e,~ 83 ,, ~'1 ~ )...__,,__,\ .. ·.·~ - .---I I l .~ //l.H>'? f L1 34 January 19, 2021, City Council Meeting December 2020 Page No. 26 Tq La Verne City Council and Mayor Hepburn: We the undersigned petition La Verne City Council and Mayor Hepburn as follows: We formally oppose the building of the City "Teen Center" at the north end of Las Flores park. We request the city council save our Redwood trees and park greenspace which is immediately adjacent to the homes. There are other locat ons ·n the c·ty. Please do what is best for everyone . 90 .Av~'lct / ? l{.::: j ('rr llf?< [Pf . 91 )~ l( Ul~ V'lf(tt //f( V t i/'>J { ~If~ ·e C YI · i . 3 C/1/V'"v 93 ~ch\\;\ \'J'\o..Y:.h 94 Ocu1r'-l l Yr1.llt2, roo {, Oqk Ave aL-1 1-S 0 96 :fl \ \C\V( A G,~ . lV1 97 ) 1/ vi o (AJ0({1\tl l __./ 99 100 c~i ;J 2l.f ~l C Lvi d.4-6. 1- Co\le642- LV\ 35 January 19, 2021, City Council Meeting December 2020 Page No. 27 I To La Verne City Council and Mayor Hepburn: We the undersigned petition La Verne City Council and Mayor Hepburn as follows: We formally oppose the building of the City "Teen Center" at the north end of Las Flores park. We request the city council save our Redwood trees and park greenspace which is immediately adjacent to the homes. There are other locations in the city. Please do what is best for everyone. 115 Ha.NA i?uroJrJ 116 ·/: 1 ., , _/ ' /) ; . , , ~I ,_ 126 if , ' ' , 1 '/.I"\ · ? • n j , J " , i ~ ,,\. L. V ~ . '/t.4:. '1 .r'(j _) :· !'- ~ ·L( L,V<.. 0 (V 127 128 36 January 19, 2021, City Council Meeting De rl O ' • Page No. 28 To La Verne City Council and Mayor Hepburn: 0 the undersigned petition La Verne City Council and Mayor Hepburn as follows: We formally oppose U - building of the City 11Teen Center" at the north end of Las Flores park. We request the city council save our Redwood trees and park greenspace which is immediately adjacent to the homes. There are other oca ions in the c·tv. Please do hat is est ore eryone. 133 134 135 . . ..-- 'I ' 138 ~J t,! ."Y} ~5 L.., "' / ~ :::..,~ \.\ ~ \.\\..~& '-o...~<'"\,::_ ~ \. 3 ,,"'2:o ~q 41 !L~:)0; JXIP-. - ~ ·~ · l '2 '1 W', k .,"i/w';J :., r) /i t/, _ . . ,. . ,:r ,? ~u 142 3--z.o:5 N i1'1ht+-e 4 .-.e_ ~ '( C O --- 143 144 145 147 148 A .. 37 January 19, 2021, City Council Meeting• ' Page No. 29 To la. Verne ' City Council and Mayor Hepburn: We the undersigned petition La Verne City Council and Mayor Hepburn as follows: We formally oppose the building of the City 11Teen Center" at the north end of Las Flores park. We request the city council save our Redwood trees and park greenspace which is immediately adjacent to the homes. There are other locations ir the c ty. Please do what is best for everyone. 152 153 154 - 155 11.._ , . ( . L-NMt 1"1 IV) 157 158 159 160 161 162 163 164 165 166 167 168 p 38 January 19, 2021, City Council Meeting Page No. 30 Lupe Estrella From: Donna Dye (CVMC) Importance: High I wanted to take a moment to share some thoughts on this item this evening, but due to the continued Covid surge at our Hospitals I'm not sure if I' ll be available at that t ime. I'm including my comments below and if can either be emailed to the members or read by someone I would be grateful. If not, I understand. Thank you, Donna Dye (CVMC) My cell is 951 312-0735, but again doubtful I' ll be ava ilable by meeting time. Council Statement Regarding Proposed Location of Teen Center My name is Donna Dye and I have been a resident of La Verne since birth. The item of the proposed location of a Teen Center in La Verne has come to my attention and I wanted to just share some thoughts before a fairly large number of 40 year old Redwood trees are removed for the building of the Center. I apologize if this is being read but my job in the hospital setting with the recent Covid surge is making daily hours very unflexible. I consider myself a lover of trees, since my family owned a 10 acre orange grove in La Verne from 1948 through the mid-GO's and those trees were a big part of my early childhood. I also consider myself fortunate to have enjoyed the beautiful trees throughout La Verne and especially those I grew up enjoying in Kuns Park. I fully support the concept of a teen center and believe it is an important factor in the lives of the young people of our city. I've read the information submitted by Bill Aguirre and the various locations considered. While I don't have an opinion of where the best location is, I do have an opinion regarding the loss a large number of full grown, beautiful redwood trees, to a building and parking lot. California has lost so many full grown trees to wildfires that to arbitrarily cut down these trees seems a travesty. It was bad enough watching horror all the Deodars cut down along Arrow Highway recently to the Gold Line, even though we supported it, we certainly wish this didn't have to occur. Many of the citizens of La Verne have taken an inordinate amount of our time, efforts and finances to protect the many trees in La Verne, especially those located in the medians of our homes as the drought became a reality and a major concern. In addition, these redwood trees are somewhat personal in that our church has held our annual picnic in that area of the park for over the past 20 years, and the ambience and history of those trees should be evident just looking at them. The citizens of La Verne has been generous and thoughtful over the years as the City Council has asked for our support in approving a variety of financial ballot measures to help support the City of La Verne. So in return, I think it is important to just ask for a little extra thought and creative thinking before taking action to remove these trees. 1 39 January 19, 2021, City Council Meeting Page No. 31 Thank your for your time and consideration as well as your service to the residents of La Verne, Donna Dye The information contained in this email may be confidential and/or legally privileged, including HIPAA Protected Health Information or information that is proprietary or trade secret. It has been sent for the sole use of the intended recipient(s). If you are not the intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication is strictly prohibited. If you received this communication in error, please inform the sender and destroy all copies of the message. The organization accepts no liability for any damage caused by transmittance of this email. Thank you. 2 40 January 19, 2021, City Council Meeting Page No. 32 Lupe Estrella From: Carissa W Good morning and to whom it may concern regarding Las Flores Park: Hello, I live in La Verne and walk to Las Flores Park almost every day. I don't just walk to the park, I specifically walk to the mini Redwood Forest in the Northern part of the park which is what the teen center would replace. I live in an apartment close to Foothill Blvd. I walk all the way down to this beautiful oasis every day, because it is a peaceful, tranquil oasis. It's a place to decompress and get away from it all. I have come to rely on my visits to this little slice of nature during these unprecedented times of stress. As a low-income renter, I don't always have the option to go spend a day hiking in the hills, or go travel to Redwood forests. Many others don't even have access to a car to travel to various hiking destinations. I personally have come to rely on my walks to the Redwood trees at Las Floras park as an essential mental and emotional health experience. Especially during this Covid-19 pandemic, a quiet walk among the Redwood trees has provided essential healing experiences of calm, peace, and serenity. There are numerous studies showing the mental, emotional, and physical healing effects of spending time in nature. Is access to nature now only for people with access to cars? Or those who can afford to travel to nature destinations outside the city? What happens to the mental health of all the residents who have come to rely on this little piece of forest as their safe space, their place to decompress during unprecedented uncertain and stressful times? During the pandemic we are losing our businesses, our income, and now we are going to lose this beautiful, historic, and healing patch of forest? It has been one of the only things keeping me going through these unprecedented times. My daily visits to the peaceful trees are where I can take a breath and feel grateful. Grateful that "at least I can just walk to this beautiful place". If it has helped me, I'm sure there are countless others. I see so many other people enjoying the trees, young and old. People doing yoga, meditating, walking their dogs, flying little toy airplanes, families having picnics and taking a break. It is peaceful, calm, serene. A beautiful oasis, away from it all. Bulldozing and removing this section of the park would completely destroy this essential natural oasis, and take away all of the mental and emotional healing ii provides for the community. For some of us, a quiet walk in the peaceful Redwood trees as Las Floras park is all the mental and emotional health care we have access to at this time, and it has become one of the most powerful healing experiences. There are countless chirping birds, butterflies, and squirrels visible living in the trees, providing an inspiring, life giving experience of nature. I'm sure there are other places you can bulldoze to create a teen center, please don't take this peaceful sanctuary away from us. I have included some photos I happened to have recently taken among the Redwood trees at Las Flores park so you can see the beauty you would be destroying. Sincerely, Carissa A. Weber (310) 938-2617 1 41 January 19, 2021, City Council Meeting Page No. 33 Lupe Estrella CJUN\g,\ MeeA-t ~ J)euMb-v 2l 20k) From: Sherwood Best Hello: I would like to be put on the agenda to read the attached statement at tonight's city council meeting. Would it be possible to send this attachment to city council members prior to the meeting? Thank you. Sherry Best Sent from Mail for Windows 10 1 42 January 19, 2021, City Council Meeting Page No. 34 t-\-ee.Al ~ Oe c~-ev 2 lr 2ozi) --r-ee.Y\ Qef\A-e v My name is Sherry Best and I live at 3949 Bradford Street in La Verne. Thank you for the opportunity to comment on the ongoing discussion regarding the location of a new Teen Center to serve La Verne residents. Las Flores Park is the favored location for the proposed Teen Center, which would be placed directly where the Evelyn Hollinger Memorial Grove is planted. This grove dates from 1976 when it was created to celebrate the nation's bicentennial and was renamed in Evelyn's honor in 2002. As President of the La Verne Historical Society, I feel qualified to comment on the historical value of this grove and provide a proposal that simultaneously values both a new Teen Center and the redwood grove. The La Verne Historical Society urges that members of the City Council and appropriate city staff to take the following steps: • Retain as many redwood trees as possible at the site of the new teen center; • Replant trees at the ratio noted in Title 18 of La Verne's Municipal Code (www.cityoflaverne.org/index.php/government/municipal-code) to create a new grove in a park that would benefit from the addition of trees in a grove-like configuration (Mills Park comes to mind); • Dedicate the newly planted grove as a "Heritage Grove" as per La Verne's Municipal Code; • Salvage the wood from the felled redwood trees and use the wood for the following purposes: o Incorporation of wood into aspects of the Teen Center (perhaps a door resembling our library and Hillcrest doors and/or other creative uses in the Teen Center building); o Creation of benches dedicated to La Verne residents whose lives reflect service to the community (Scubie Mills, Evelyn Hollinger, Ruben Guajardo, and Virgil Welch come to mind as these people were associated with the original grove, Mills Park, woodworking skills, and teaching); o Dissemination of benches throughout the city, either to parks or places such as City Hall, the La Verne Community Center, and Hillcrest. La Verne has recognized and honored Ruben Guajardo and Virgil Welch for their woodworking and teaching skills. Several La Verne residents received woodworking instruction from these masters and would be able to lend their skills to the creation of objects made of recycled redwood. The woodworking shop at Hillcrest could be utilized for this project. Members of the La Verne Historical Society could volunteer their time and energy by working with city staff to guide this project. We recognize that artifacts of our past, once lost, are forever lost. Adaptive re-use of the felled redwood trees would honor the grove in ways that continue to tell La Verne's history. I offer a final statement about the proposed Teen Center project. A new access road and parking lot are part of the project and I question their necessity. Could the existing lot be enlarged to accommodate the fewer than 20 spaces currently planned for the Teen Center? Is 43 January 19, 2021, City Council Meeting Page No. 35 building a new road for fewer than 20 spaces really necessary when an access road and parki ng lot already exists? It is now completely possible for people to walk from the existing parking lot to the grove and a larger lot would service the swim center as well provide room for the shuttle that will bring teens to the new Teen Center. Please incorporate the changes proposed in this statement and vote accordingly for the new teen center. Thank you for your time. 44 January 19, 2021, City Council Meeting Page No. 36 Lupe Estrella From: Helna Burton Dear City Clerk, I'm writing because I oppose this project. As this affects my neighborhood, I would like the city to move this project to north of Baseline. I also see this as a waste of money for whoever is funding this project. The school already have the personnel and the infrastructure. Why don't instead give the money to the schools to run those programs. Let me know if I need my presence at the meeting to oppose this waste of resource. -~ ffiwtlon 3004 Winfield Ave La Verne, CA 91750 1 45 January 19, 2021, City Council Meeting Page No. 37 Lupe Estrella C-t_:±J Co UA'\od liee.Ai:>f) De_cew\ re~ d--. L ;Lo d-. o From: Yvonne Gallegos Hello, My name is Yvonne Gallegos and I am a new resident of La Verne. I relocated from the amazing City of Duarte a little more than a month ago. I am in support of a Teen Center here in La Verne. Duarte has a thriving Teen Center that enhances the city and involves Teens in the community. There are many wonderful programs the Teen Center can provide to this vulnerable age group. Thank you, Yvonne 1 46 January 19, 2021, City Council Meeting Page No. 38 Lupe Estrella From: tami skahill Hello, I am aware the time line for comments to be used at the meeting has already passed however, I would still like the opportunity to share my opinions. I LOVE LA VERNE!!! I consider myself to be a "Lifer" even though I have lived elsewhere in my 43 years, every time I moved away, all I wanted to do was move back. Currently I live in the Villa La Verne community and the news of possible removal of 50 + year old trees and a new building being added to the area is very sad. The sound and light barrier those trees provide is quite great, especially during a high school football game! Adding to that, a new building with lights for "security" around the new complex would be a constant annoyance, and I would expect extra costs to tenants in that area for black out curtains to block said light. The idea of a new "Teen Center" is ludicrous at best, we have a Community Center already that teens are not utilizing. Why? Because most teens don't want to go there, especially now that every kid just about, has their face buried in a devise of some kind. If you want local teens to participate in anything at any kind of center, you better make it good, the only time I was in the community center was for a high school dance. If you were to search for a sports park in La Verne, you will find the address for the High School. Which has lights, a track, and tennis courts. If a basketball court REALLY needs to be built, build it on school property and move the fence line inside to allow residents the use of the property. The proposed area of Las Flores park gets used EVERY D/'Y, and I know this because I drive by this part of the park every day. You pour concrete in that corner, all you're gonna do is push more residents out of the area and maybe out of town. In the end I believe the town needs more community, not another building you have to remove plant life for. There is enough of that happening along Arrow Highway!!!! As a La Verne Lifer, my voice says NO to a block building and removal of greenbelt. Thank you and have a great day! Tami Skahill Sanders Lock & Key, Inc. 344 W. Arrow Hwy. San Dimas, CA 91773 909-599-2030 Please note our Claremont location has closed. Please visit us at our San Dimas location. www. sanderslock.com 1 47 January 19, 2021, City Council Meeting Page No. 39 Lupe Estrella From: Carissa W I am also requesting to speak directly at the city council meeting tonight regarding the proposed teen center at Las Flores park. My phone number is (310) 93 8-2617. Thank you, Carissa Weber On Mon, Dec 21, 2020 at 11 :53 AM Carissa W Hello, I live in La Verne and walk to Las Flores Park almost every day. I don't just walk to the park, I specifically walk to the mini Redwood Forest in the Northern part of the park which is what the teen center would replace. I live in an apartment close to Foothill Blvd. I walk all the way down to this beautiful oasis every day, because it is a peaceful, tranquil oasis. It's a place to decompress and get away from it all. I have come to rely on my visits to this little slice of nature during these unprecedented times of stress. As a low-income renter, I don't always have the option to go spend a day hiking in the hills, or go travel to Redwood forests. Many others don't even have access to a car to travel to various hiking destinations. I personally have come to rely on my walks to the Redwood trees at Las Floras park as an essential mental and emotional health experience. Especially during this Covid-19 pandemic, a quiet walk among the Redwood trees has provided essential healing experiences of calm, peace, and serenity. There are numerous studies showing the mental, emotional, and physical healing effects of spending time in nature. Is access to nature now only for people with access to cars? Or those who can afford to travel to nature destinations outside the city? What happens to the mental health of all the residents who have come to rely on this little piece of forest as their safe space, their place to decompress during unprecedented uncertain and stressful times? During the pandemic we are losing our businesses, our income, and now we are going to lose this beautiful, historic, and healing patch of forest? It has been one of the only things keeping me going through these unprecedented times. My daily visits to the peaceful trees are where I can take a breath and feel grateful. Grateful that "at least I can just walk to this beautiful place". If it has helped me, I'm sure there are countless others. I see so many other people enjoying the trees, young and old. People doing yoga, meditating, walking their dogs, flying little toy airplanes, families having picnics and taking a break. It is peaceful, calm, serene. A beautiful oasis, away from it all. Bulldozing and removing this section of the park would completely destroy this essential natural oasis, and take away all of the mental and emotional healing it provides for the community. For some of us, a quiet walk in the peaceful Redwood trees as Las Floras park is all the mental and emotional health care we have access to at this time, and it has become one of the most powerful healing experiences. There are countless chirping birds, butterflies, and squirrels visible living in the trees, providing an inspiring, life giving experience of nature. I'm sure there are other places you can bulldoze to create a teen center, please don't take this peaceful sanctuary away from us. I have included some photos I happened to have recently taken among the Redwood trees at Las Flores park so you can see the beauty you would be destroying. Sincerely, Carissa A. Weber (310) 938-2617 1 48 January 19, 2021, City Council Meeting Page No. 40 Lupe Estrella From: Richard Bowen -Item 6 g, where are the 3 competitive bids as described. I don't see them in the packet? -Item 6 h, hasn't this work been completed? If so, who has the authority to spend $88 K of city money without council prior approval? -Item 7. 2, Who owns this property? If privately owned, why is the city involved and giving away city property to assist in a private property sale? Why can't the seller spend part of the sale proceeds to buy the city land to give away? If you can't ask these questions you can call me at 909 596 7631 Call me at the same number for public comment. Thanks 1 49 January 19, 2021, City Council Meeting Page No. 41 Lupe Estrella From: MUNAHIL MAHMOOD Follow Up Flag: Follow up Flag Status: Flagged Comment Non-Agenda Items Dec. 21, 2020 To whom may it concern! I am sending you a comment on non-agenda items to be read during the public comment session.Please read it. May God bless you and yours always. May God protect us from COVID19. Amen. Regards Malik Tariq Mahmood Missionary of Ahmadiyya Muslim Commuinty USA 202-779-3676 malik.t. [email protected] http://www.ahmadiyya.us/ 1 50 Ol-\i QoLU'\C\\ o-{ee.f\\\_5January 'DeCew'\beV19, 2021, City Council ;t Meetingl, L02-0 Page No. 42 Pu....bl Lt- Co rYWY\-evo\ The high status of Jesus and Mary in Islam I would like to use this opportunity so respectfully, to clarify a common misconception about Islam: that is , that muslims do not respect any prophet besides the holy Prophet Muhammad. Islam teaches us to believe in all the prophets and holy scriptures sent by God in any era, in any part of the world and to any anation. So we do believe in Jesus, Moses, Krishna and all other prophets. For us, Hindus, Jews and christians are believers of our own Krishna, Moses and Jesus. This is the true essence of Islam. Let me present here a few points so the people can understand the real and high status of Mary and Jesus in Islam. 1. In the Holy Quran God revealed a full chapter called SURAH MARIAM or MARY. 2. According to the verses 19 to 22 of this chapter Jesus was born without father, and he was a sign and mercy of God. 3. Some people attack Mary and Jesus because they do not know his father. The Holy Quran defends this Holy mother and her Holy son. God says in Chapter 3 verse 60:- "Surely, the case of Jesus with Allah is like the case of Adam. He created him out of dust, then He said to him, 'Be!, ' and he was." 51 January 19, 2021, City Council Meeting Page No. 43 God is stating that He created Jesus without father as he created Adam. So how can you speak against them? 4. God defends Mary and Jesus and establishes their dignity in chapter 5 verse 76 by saying:- ''And his mother was a truthful woman. " 5. In chapter 66 of the Holy Quran verse 13 God presents Mary as a pious woman. He says:- ''And the example of Mary, the daughter of 'lmran, who guarded her private parts." 6. God says in chapter 3 verse 36 that the mother of Mary dedicated her before her birth to the service of God. Following the footsteps of the mother of Mary thousands of members of Ahmadiyya Muslim Community has dedicated more than 50000 fifty thousand kids to serve God and establish his name in the world for the establishment of peace. These islamic teachings unite us with Mary, Jesus and his followers and inspire a special love in our hearts. May God bless us to be really united in the world. Amen. 52 January 19, 2021, City Council Meeting \)e.CUW\,~~ d{l 202,,u / Page~llc No. 44 c.e>ll.-ru:l \ ~~ Co~ Public Comments - La Verne City Council Meeting, Dec 21, 2020 Merry Christmas and Good evening Council Members, Mr. Russi Tonight, I would like to speak again to the proposed contract with LACFD. If you analyze the financial implications of the proposal and extend out the costs of LVFD vs LACFD over the life of the first ten year contract instead of only the first five years as was done by both the City Staff report and also the Messina Report, you will come to the conclusion that this proposal is not in the best interests of the City of La Verne. The City's projected annual increases of 3.25% for each year of the contract is a reasonable projection based upon historical data. The County Fire proposal specifies 5.5% annual increases for the first 5 years. On Year 6, it is the average ofthe previous 4 years plus an additional 1%. In years 7,8, & 9, the annual increase for each year will be calculated at the average of the previous 5 years plus an additional 1%. This puts the annual increase at year 10 at 7.6%. The County starts off at a lower annual cost of a little over a half million dollars for year 1. Then in year 4 the County costs exceed the projected LVFD cost projections slightly. At the end of the first five years the savings under LACFD would be a little over 750,000 dollars but at the end of the ten year contract (and we are looking at a ten year contract, not a five year contract} the total costs of LACFD exceed the projected costs of LVFD by over 7.5 million dollars, due to the rapid escalation clause in the last five years of the contract which gets to the LACFD target for annual increases. Then we need to look at the following ten years. Assuming the same annual projected costs of year 10 of the first contract going forward, with LVFD at 3.25% annually and LACFD at 7.6% annually then the costs of the LACFD exceed the projected costs of LVFD by 85.5 million dollars. So, over the next 20 years the City will be paying a little over 93 million dollars over the projected costs for maintaining LVFD to receive a lesser daily service level and a much less quality emergency medical response service and having no hope of future improved services at less cost. This does not even take into consideration the additional costs that w ill be coming in those 20 years because LACFD has no Capital Replacement Fund with dedicated and restricted funding to replace aging and obsolete fire equipment that will be required to maintain service levels. Even Homeowners Assns are required by State Law to have an audited Capital Replacement Fund. It is financially irresponsible for LACFD not to have a viable Capital Replacement Fund. 53 January 19, 2021, City Council Meeting Page No. 45 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS 11/25/2020 DEMANDS PRESENTED HA VE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND HA VE BEEN REVIEWED BY THE INTERIM FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL. SUMMARY OF DEMANDS LARGEST 10 CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS. -----AMOUNT ISSUED TO DESCRJPTION 1. 38,619.21 ALL AMERICAN ASPHALT FRUIT STREET MEDIAN IMPROVEMENTS- lST PAYMENT 2. 15,220.00 ROGERS, ANDERSON, MALODY & SCOTT AUDIT SERVICES - FISCAL YEAR 19/20 - PROGRESS BILLING #2 3. 10,778.00 INLAND VALLEY HUMANE SOCIETY ANIMAL CARE/CONTROL SERVICES - DECEMBER 2020 4. 8,140.00 RCS INVESTIGATIONS & CONSULTING,LLC INVESTIGATION SERVICES - NOVEMBER 2020 5. 5,686.94 ROY AL NETWORK IT SOLUTIONS FORTICARE 1 YEAR - IT SECURJTY SERVICES 6. 5,417.68 DATAPROSE, INC. UTILITY BILLING MAILING - SEPTEMBER AND OCTOBER 2020 7. 4,957.61 UNITED WATER WORKS, INC. WATER DEPARTMENT SUPPLES - EPOXY LINED BLACK STEEL 8. 4,140.94 TPX COMMUNICATIONS PHONE AND INTERNET SERVICES - NOVEMBER 2020 9. 3,201.18 AM-TEC TOTAL SECURITY, INC. ALARM SYSTEM FOR VETERANS HALL - EQUIPMENT, MONITORING & LABOR 10. 2,480.85 COUNTY OF LOS ANGELES PLAN CHECK, PERMITS, INSPEC. FOR WASTE/SEWERS - THROUGH OCT. 2020 __3_8~,4_9_3._75_ OTHER DEMANDS $ 137,136.16 DEMANDS OF $703,435.38 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS. DEMANDS OF $113,680.27 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS. IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS./.1/fl~o INTERIM FINANCE DIRECTOR Page 1 of 4 54 January 19, 2021, City Council Meeting Page No. 46 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - EXHIBIT A 11/25/2020 CHECK NO. AMOUNT ISSUED TO 153439 $ 461.32 AIRGAS USA, LLC. 153440 38,619.21 ALL AMERICAN ASPHALT 153441 600.00 ARAGON, RICHARD 153442 625.40 AT&T 153443 140.00 BAILEY, BRADLEY 153444 111.00 JASON BARRIOS 153445 281.81 BIEDERMANN, REBEKAH 153446 344.10 CALIFORNIA DEPARTMENT OF TAX 153447 1,680.00 CHINO T ACH AND SPEEDO 153448 172.39 CIOTTI, ANTHONY 153449 77.10 COLETA APOSAGA 153450 645.70 COLLEY FORD 153451 2,480.85 COUNTY OF LOS ANGELES 153452 190.00 DATA INST ALLERS, INC. 153453 5,417.68 DATAPROSE, INC. 153454 1,514.04 DETROIT AUTO BODY, INC. 153455 1,751.00 DHS L.A. COUNTY-EMS AGENCY 153456 1,500.00 EDWARDS, SUZANNE E. 153457 944.89 ELITE EQUIPMENT INC. 153458 82.00 ERIC HERNANDEZ 153459 85.42 EWING IRRIGATION PRODUCTS 153460 159.42 FOOTHILL BUILDING MATERIALS 153461 324.14 FOOTHILL COMMUNICATIONS, INC 153462 49.27 EDUARDO GAETA SR. 153463 46.81 HESS, ERIN 153464 226.01 HOLLIDAY ROCK CO. 153465 1,374.00 HOSPITAL ASSOC. OF SOUTHERN CALIF. 153466 294.55 IMS REFRIGERATION, INC. 153467 10,778.00 INLAND VALLEY HUMANE SOCIETY 153468 2,195.42 INNOVATIVE .PRINTING CONCEPTS 153469 69.46 J.G. TUCKER & SON 153470 106.00 JENNIFER INGELS 153471 61.50 JULIAN YBARRA 153472 932.50 JUNIOR STEEL CO. 153473 403.75 KJ SERVICES 153474 409.03 KME FIRE APPARATUS 153475 175.00 LIGHTNING OIL CO., INC. 153476 1,050.00 LICON, MELISA 153477 139.59 OFFICE DEPOT 153478 276.30 PACIFIC PARKING SYSTEMS, INC. 153479 350.00 PEREZ II, EUGENE 153480 254.60 PROWS, JASON 153481 111.00 QUINN, GEORGE 153482 8,140.00 RCS INVESTIGATIONS & CONSULTING,LLC 153483 5,686.94 ROY AL NETWORK IT SOLUTIONS 153484 190.00 SAFESHRED COMPANY, INC. 153485 588.68 SERVPRO OF NORTH POMONA/LA VERNE 153486 900.45 STAPLES CREDIT PLAN 153487 69.95 SUNLAND TIRE OF LA VERNE, INC. 153488 350.00 TERRIQUEZ, RIGO 153489 120.00 TIFF ANY KUNZELMAN 153490 4,140.94 TPX COMMUNICATIONS 153491 284.60 TRANSUNION RISK & ALTERNATIVE DATA 153492 102.30 TURF STAR, INC. 153493 4,957.61 UNITED WATER WORKS, INC. Page 2 of 4 55 January 19, 2021, City Council Meeting Page No. 47 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - EXHIBIT A 11/25/2020 CHECK NO. AMOUNT ISSUED TO 153494 200.00 VALERIE E. FRANKLIN-VALDEZ 153495 1,502.01 VERIZON 153496 1,685.81 WASTE MANGEMENT OF SAN GABRIEL 153497 528.71 WATTCO EFT 659.58 ALL STAR FIRE EQUIPMENT, INC. EFT 154.28 ALL STA TE POLICE EQUIPMENT, CO. EFT 3,201.18 AM-TEC TOTAL SECURITY, INC. EFT 97.70 COLLEGIATE PRESS EFT 566.14 FLEET SERVICES, INC. EFT 69.69 GRAINGER EFT 75.43 HI-WAY SAFETY, INC. EFT 2,011.99 INTERSTATE BATTERY INLAND VALLEY EFT 741.49 LA VERNE POWER EQUIPMENT, INC. EFT 727.40 ORANGE LINE OIL COMPANY, INC. EFT 2,366.61 POMONA TRUCK & AUTO SUPPLY EFT 15,220.00 ROGERS, ANDERSON, MALODY & SCOTT EFT 263.66 SOUTH COAST EMERGENCY VEHICLE SERVICES EFT 65.76 SUPERION, LLC EFT 1,795.00 SWAGIT PRODUCTIONS, LLC EFT 91.27 TIFCO INDUSTRIES, INC. EFT 1,849.33 WESTERN WATER WORKS EFT 221.39 WESTRUX INTERNATIONAL, INC. 137,136.16 703,435.38 Total Payroll and Employee Benefit Payments 113,680.27 Total LAIMPACT Demands Total Demand: $ 954,251.81 Payroll and Employee Benefit Payments: 153510 460.00 CITY OF LA VERNE EMPLOYEE FUND 153511 1,335.00 FIDELITY INVESTMENTS 153512 27.00 UNITED WAY CAMPAIGN BANK DRAFT 24,303.92 CALIFORNIA, STATE OF BANK DRAFT 129,635.50 CALIFORNIA, STA TE OF BANK DRAFT 470.00 MASSACHUSETTS MUTUAL LIFE INSURANCE - ROTH BANK DRAFT 8,178.03 MASSACHUSETTS MUTUAL LIFE INSURANCE- 401-A BANK DRAFT 26,503.89 MASSACHUSETTS MUTUAL LIFE INSURANCE BANK DRAFT 1,579.76 STA TE DISBURSEMENT UNIT BANK DRAFT 78,360.49 UNITED STATE TREASURY BANK DRAFT 421,530.02 PAYROLL 11/08/2020 TO 11/21/2020 EFT 3,448.08 CHARLES SCHWAB BANK EFT 2,886.25 LA VERNE FIRE ASSOCIATION EFT 2,246.28 LA VERNE POLICE OFFICERS ASSOCIATION EFT 1,750.00 RUSSI, CHRISTINA EFT 721.16 WAGEWORKS INC. Total $ 703,435.38 Break down of standard providers and the benefits they provide Provider Benefits Description A.C. Newman Co. Accidental Death Life Insurance Delta Dental Employee dental insurance coverage The Hartford Life Insurance Policy Health Net Employee health insurance Kaiser Employee health insurance Wage Works Flexible Savings Account (FSA) deductions Page 3 of 4 56 January 19, 2021, City Council Meeting Page No. 48 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - EXHIBIT A 11/25/2020 CHECK NO. AMOUNT ISSUED TO US Treasurey Employee federal tax withholdings State of California Employee state income tax, unemployment insurance and child support/garnishments Mass Mutual A 401A plan Mass Mutual B 4578 plan Mass Mutual Roth Roth plan Lincoln National Replacement Social Security plan Fire/Police/La Verne Employee Group Dues LAIMPACT Law Enforcement Task Force Demands 153498 2,044.87 BANK OF AMERICA 153500 477.40 BPS TACTICAL, INC. 153501 99.00 CALIFORNIA DISTRICT ATTORNEY ASSOC. 153502 99.00 ELIANA TAPIA MULTIPLE 110,960.00 LAI ENFORCEMENT OPERATIONS Total $ 113,680.27 LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside ofLAIMPACT activities. Page 4 of 4 57 January 19, 2021, City Council Meeting Page No. 49 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS 12/16/2020 DEMANDS PRESENTED HA VE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND HA VE BEEN REVIEWED BY THE INTERIM FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL. SUMMARY OF DEMANDS LARGEST 10 CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS. AMOUNT ISSUED=c.....=.-"------TO DESCRIPTION I. 35,246.41 GREENSCAPE MAINTENANCE SERVICES INC. "'=c=IT=Y~w=m='=E=-"='"MA:-:-=INc::T=-.-=&-:WE=E=D::--:AB-=-:-A=T=EM:-=E::-:N=T--::-:N:-:::,0-::-,V:-.2::-:0:-:::,2-,-0 ...,..&_D_E---:C-. -,-20'.""'."2...,..0-- 2. 20,086.20 CJPIA - EXCESS POOL CLAIM PAYMENTS - SEPTEMBER, OCTOBER & NOVEMBER 2020 3. 15,992.25 RKA CONSUL TING GROUP ENGINEERING SVCS - OCTOBER 1, 2020 TO OCTOBER 31, 2020 4. 15,335.23 WEST COAST ARBORISTS, INC. TREE MAINTENANCE - NOVEMBER 16, 2020 TO NOVEMBER 30, 2020 5. 9,621.13 SCIENTIA CONSULTING GROUP, INC. I.T. CONSULTING SERVICES - NOVEMBER 2020 6. 8,874.31 HI-WAY SAFETY INC. WATER FILLED BARRIERS AND VARIOUS SIGNS/STICKERS 7. 8,390.54 CUMMINS SALES AND SERVICES ANNUAL 2 HOUR LOAD BANK ON CITY GENERATORS 8. 7,950.45 INTER-CON SECURITY SYSTEMS, INC. PARKING ENFORCEMENT - NOVEMBER 2020 9. 7,949.59 INTELLI-TECH 4 MICROSOFT SURFACE PRO TABLETS FOR PUBLIC WORKS 10. 6,850.00 TRIPEPI SMITH MONTHLY RETAINER - DECEMBER 2020 87,533.77 OTHER DEMANDS $ 223,829.88 DEMANDS OF $24,517.1 OWERE PAID ON BEHALF OF LAIMP ACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS. IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS. Page 1 of 4 58 January 19, 2021, City Council Meeting Page No. 50 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - EXHIBIT A 12/16/2020 CHECK NO. AMOUNT ISSUED TO 153737 $ 629.63 ACT NOW SIGNS 153738 900.00 ALL AMERICAN ASPHALT 153739 140.00 ALL PURPOSE DOCUMENT DESTRUCTION 153740 190.00 AMERICAN TANK TESTING 153741 1,700.00 ARAGON, RICHARD 153742 330.00 ASCE MEMBERSHIP 153743 364.00 BMI 153744 1,127.08 BRENNTAG PACIFIC, INC. 153745 535.00 CALIFORNIA PEST MANAGEMENT,INC. 153746 200.00 CARE AMBULANCE SERVICE,INC 153747 125.00 CCUG 153748 195.12 CM SCHOOL SUPPLY CO. 153749 187.84 COLLEY FORD 153750 8,390.54 CUMMINS SALES AND SERVICES 153751 2,367.16 DATAPROSE, INC. 153752 300.00 DB ELECTRONICS 153753 198.00 DEPARTMENT OF JUSTICE 153754 89.00 DIRECTV, INC. 153755 391.00 EL CAMINO COMMUNITY COLLEGE DIST 153756 504.33 EWING IRRIGATION PRODUCTS 153757 51.42 FINN,JUSTINE 153758 1,954.47 FIRST IN PRODUCTS, INC. 153759 3,130.86 FOOTHILL COMMUNICATIONS, INC 153760 2,768.70 FRONTIER COMMUNICATIONS 153761 350.00 GARCIA-RODRIGUEZ, TANYA 153762 830.30 GOLDEN STATE WATER COMPANY 153763 316.52 HARCHUT, CYNTHIA 153764 228.00 HIRSCH PIPE AND SUPPLY 153765 167.58 HOLLIDAY ROCK CO. 153766 7,949.59 INTELLI-TECH 153767 164.42 KINGAN, ANTHONY 153768 913.88 KJ SERVICES 153769 22.72 KONICA MINOLTA BUSINESS SOLUTIONS 153770 47.51 KRISTIN SISSEL 153771 1,000.00 LA VERNE PETTY CASH 153772 31.40 LESLIE'S POOLMART, INC. 153773 3,511.99 LIFE-ASSIST 153774 2,990.00 MCLAY SERVICES, INC. 153775 855.74 MCR TECHNOLOGIES, INC. 153776 59.77 OFFICE DEPOT 153777 558.45 PARADISE EMBROIDERY & SCREEN PRINT. 153778 3,080.00 PAX WATER TECHNOLOGIES, INC. 153779 7.50 RHINO DOCUMENT PROCESSING 153780 215.00 RIGHTLANE PRODUCTIONS, INC. 153781 15,992.25 RKA CONSULTING GROUP 153782 898.11 SAM'S CLUB/SYNCHRONY BANK 153783 13.06 SANDERS LOCK & KEY 153784 9,621.13 SCIENTIA CONSULTING GROUP, INC. 153785 130.00 SOUTHERN CALIF. MUNICIPAL ATHLETIC FEDERATION 153786 51.42 SEFFER, CINDY 153787 2,457.00 SOUTHERN CALIF. REG. RAIL AUTH. 153788 77.01 SOUTHERN CALIFORNIA EDISON 153789 64.11 STATER BROS. MARKETS Page 2 of 4 59 January 19, 2021, City Council Meeting Page No. 51 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - EXHIBIT A 12/16/2020 CHECKNO. AMOUNT ISSUED TO 153790 3,859.00 SUPERIOR COURT OF CA,COUNTY OF L.A. 153791 3,530.00 ST ATE WATER RESOURCES CONTROL BOARD 153792 170.00 TAMARA MILLER 153793 1,399.07 TEC COLOR CRAFT 153794 4,047.15 TPX COMMUNICATIONS 153795 6,850.00 TRIPEPI SMITH 153796 771.28 ULINE 153797 391.75 UNIVERSITY OF SOUTHERN CALIFORNIA 153798 32.38 VISTA PAINT CORPORATION 153799 1,740.02 WASTE MANGEMENT OF SAN GABRIEL 153800 210.00 WITHERS & SANDGREN LTD. 153801 327.14 XEROX CORPORATION 153802 307.95 ZOLL MEDICAL CORPORATION 153803 130.00 ADRIE-MARIE HUEZO 153804 70.00 ALFREDO AGUILAR 153805 130.00 ALISON LEMAS 153806 70.00 ALLISON KRICH 153807 70.00 AMANDA FALCON 153808 16.25 ANTHONY W. RAMBO 153809 70.00 APRILLOKAR 153810 165.00 ARTHUR ROSEN 153811 70.00 BEKAHBARTZ 153812 90.00 BOB SALESSI 153813 70.00 BRITTNEY CHACON 153814 225.00 BROOKE ADAMIAK 153815 130.00 CHERYL CHIAPPELLI 153816 165.00 DANIEL CHACON 153817 70.00 DAVID MACK 153818 70.00 DONNA RABADI 153819 70.00 ELIZABETH VELASCO 153820 150.00 ERICA VAN GORDER 153822 70.00 HEATHER MAROSI 153823 90.00 JACKIE EGGERS 153824 70.00 JENNIFER VILLA VICENCIO 153825 70.00 JODY ZUNIGA 153826 70.00 KELLY PODZIMEK 153827 70.00 KELLY ZEMAN 153828 70.00 KENDALL KARMANN 153829 130.00 KEVIN WOODS 153830 70.00 KIMBERLY FARLEY 153831 70.00 LETICIA BAZZICHI 153832 70.00 LORENA LARSON 153833 25.50 LSA AS SOCIA TES, INC. 153834 165.00 MAYA SARRIEDDINE 153835 70.00 MICHELLE RUSSELL 153836 70.00 MIKE WHITNEY 153837 70.00 NANCY BUSTAMANTE 153838 70.00 NICOLE MEDINA 153839 90.00 PAUL SAURENMAN 153840 90.00 REYNA CASAS 153841 130.00 ROXANNE JEFFERY 153842 90.00 SUSAN GODBEY 153843 70.00 SUSAN MUNDY Page 3 of 4 60 January 19, 2021, City Council Meeting Page No. 52 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - EXHIBIT A 12/16/2020 CHECK NO. AMOUNT ISSUED TO 153844 90.00 SYLVIA LYONS 153845 70.00 YILI 153846 70.00 YUNHUAQI 153847 130.00 HECTOR JAIME EFT 6,314.01 ALL STAR FIRE EQUIPMENT, INC. EFT 4,209.60 BABCOCK LABORATORIES, INC. EFT 35.04 COLLEGIATE PRESS EFT 292.03 COMMERCIAL DOOR COMPANY, INC. EFT 4,725.00 ENVIRONMENT CONTROL PUENTE HILLS EFT 20,086.20 EXCESS POOL EFT 350.00 GARCIA, ANGELICA EFT 10.59 GRAINGER EFT 35,246.41 GREENSCAPE MAINTENANCE SERVICES INC. EFT 8,874.31 HI-WAY SAFETY INC. EFT 7,950.45 INTER-CON SECURITY SYSTEMS, INC. EFT 234.64 INTERSTATE BATTERY INLAND VALLEY EFT 32.00 KIDZ LOVE SOCCER EFT 203.12 LA VERNE POWER EQUIPMENT, INC. EFT 3,806.00 NOBEL SYSTEMS EFT 1,475.98 POMONA TRUCK & AUTO SUPPLY EFT 1,235.61 SUN BADGE CO. EFT 3,999.55 TURBO DATA SYSTEMS INC. EFT 15,335.23 WEST COAST ARBORISTS, INC. EFT 929.49 WESTERN WATER WORKS EFT 1,493.52 WITTMAN ENTERPRISES, LLC 223,829.88 24,517.10 Total LAIMPACT Demands Total Demands $ 248,346.98 LAIMPACT Law Enforcement Task Force Demands 153727 201.77 CELL BUSINESS EQUIPMENT 153728 1,850.00 CODE 5 GROUP, LLC. 153730 300.00 NUWAY JANITORIAL SERVICES 153731 105.00 SOUTHLAND SHREDDING, INC. 153732 1,307.67 STAPLES BUSINESS CREDIT 153736 4,652.66 VERIZON WIRELESS MULTIPLE 16,100.00 LAIENFORCEMENT OPERATIONS Total $ 24,517.10 LAIMP ACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside ofLAIMPACT activities. Page 4 of 4 61 January 19, 2021, City Council Meeting Page No. 53 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS 12/22/2020 DEMANDS PRESENTED HA VE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND HA VE BEEN REVIEWED BY THE INTERIM FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL. SUMMARY OF DEMANDS LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS. AMOUNT ISSUED TO DESCRIPTION I. 18,570.00 CIVILTEC ENGINEERING, INC. ENGINEERING SERVICES - NOVEMBER 2020 2. 14,984.00 STATE WATER RESOURCE CNTRL BOARD PHASE I STORM WATER PERMIT - OCTOBER I, 2020 TO SEPTEMBER 30, 2021 3. 11,083.70 TRUMAN ARNOLD COMPANIES FLEET DIESEL FUEL PURCHASES 4. 8,250.00 ROGERS, ANDERSON, MALODY & SCOTT AUDIT SERVICES - FISCAL YEAR 19/20 - PROGRESS BILLING #2 5. 6,518.74 EAN SERVICES, LLC. FIRE DEPARTMENT - SPECIAL FIRE ASSIGNMENT VEHICLE RENTALS 6. 4,742.00 CORE & MAIN,LP WATER METER PURCHASES 7. 4,675.52 BRENNTAG PACIFIC, INC. WATER SUPPLY PURCHASES - NOVEMBER 2020 8. 4,470.00 MASSH,INC. CHRISTMAS MORNING PACKAGES 9. 3,914.00 METROPOLITAN WATER DISTRICT JANUARY2021 TODECEMBER2021 LEASE PAYMENT JO. 3,621.71 HINDERLITER, DE LLAMAS & ASSOCIATES CONTRACT & AUDIT SERVICES - OCTOBER 2020 TO DECEMBER 2020 24,934.40 OTHER DEMANDS $ 105,764.07 DEMANDS OF $836,802.92 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS. DEMANDS OF $116,984.68 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS. IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS. Page 1 of 3 62 January 19, 2021, City Council Meeting Page No. 54 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - EXHIBIT A 12/22/2020 CHECKNO. AMOUNT ISSUED TO 153861 $ 49.51 ARROW TRAILER SUPPLIES, INC. 153862 630.10 AT&T 153863 3,430.00 BARTEL ASSOCIATES, LLC 153864 217.41 BELTRAN, VANESSA 153865 4,675.52 BRENNTAG PACIFIC, INC. 153866 120.00 BURRO CANYON SHOOTING PARK 153867 18,570.00 CIVILTEC ENGINEERING, INC. 153868 4,742.00 CORE & MAIN,LP 153869 2,800.98 COUNTY OF LOS ANGELES 153870 147.00 DEPARTMENT OF JUSTICE 153871 6,518.74 EAN SERVICES, LLC. 153872 33.02 FOOTHILL BUILDING MATERIALS 153873 1,500.00 GLEN MARTYN STRIPING 153874 25.20 GONZALEZ, JANESSA 153875 31.00 HESS,ERIN 153876 3,621.71 HINDERLITER, DE LLAMAS & AS SOCIATES 153877 12.00 KG INSTALLATION, INC. 153878 90.00 LEESUN JEOUG 153879 4,470.00 MASSH,INC. 153880 64.65 MASTER SIGN 153881 150.00 MEDICAL DIAGNOSTIC LABORATORY, LLC 153882 183.95 MELLARD, KEVIN 153883 3,914.00 METROPOLITAN WATER DISTRICT 153884 220.53 OFFICE DEPOT 153885 2,500.00 THO ONE CORP 153886 500.00 ROBERT SANDERSON 153887 110.00 SHERI VELARDE 153888 619.46 STAPLES CREDIT PLAN 153889 14,984.00 SWRCB 153890 491.16 TASK FORCE TIPS, INC. 153891 1,300.00 THE COUNSELING TEAM INTERNATIONAL 153892 25.20 TIMOTHY LOPEZ 153893 16.87 UPS 153894 117.30 WALTERS WHOLESALE ELECTRIC CO. EFT 1,800.00 AM-TEC TOTAL SECURITY, INC. EFT 175.00 D F POLYGRAPH EFT 570.00 ENVIRONMENT CONTROL PUENTE HILLS EFT 250.88 GREENSCAPE MAINTENANCE SERVICES INC. EFT 854.18 HASA,INC. EFT 2,115.00 MC CALL'S METERS, INC. EFT 3,410.08 MUNISERVICES EFT 373.92 OFFICE SOLUTIONS EFT 8,250.00 ROGERS, ANDERSON, MALODY & SCOTT EFT 11,083.70 TRUMAN ARNOLD COMPANIES 105,764.07 836,802.92 Total Payroll and Employee Benefit Payments 116,984.68 Total LAIMPACT Demands Total Demand: $ 1,059,551.67 Payroll and Employee Benefit Payments: 153913 642.75 STATE OF CALIFORNIA 153914 480.00 CITY OF LAVERNE EMPLOYEE FUND 153915 1,335.00 FIDELITY INVESTMENTS #P0754 153916 807.52 L.A. COUNTY SHERIFF DEPT. Page 2 of 3 63 January 19, 2021, City Council Meeting Page No. 55 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - EXHIBIT A 12/22/2020 CHECK NO. AMOUNT ISSUED TO 153917 51.74 HEATHER REYES 153918 27.00 UNITED WAY CAMPAIGN 153919 2.00 UNITED WAY CAMPAIGN BANK DRAFT 37,678.65 CALIFORNIA, STATE OF BANK DRAFT 142,120.81 CALIFORNIA, STATE OF BANK DRAFT 470.00 MASSACHUSETTS MUTUAL LIFE INSURANCE - ROTH BANK DRAFT 5,992.43 MASSACHUSETTS MUTUAL LIFE INSURANCE - 401A BANKDRAFT 25,748.61 MASSACHUSETTS MUTUAL LIFE INSURANCE BANKDRAFT 1,579.76 STATE DISBURSEMENT UNIT BANKDRAFT 114,932.98 UNITED STATE TREASURY BANKDRAFT 494,121.71 PAYROLL 11/22/2020 TO 12/05/2020 EFT 3,208.27 CHARLES SCHWAB BANK EFT 2,886.25 LA VERNE FIRE ASSOCIATION EFT 2,246.28 LA VERNE POLICE OFFICERS ASSOCIATION EFT 1,750.00 RUSSI, CHRISTINA EFT 721.16 WAGEWORKS INC. Total $ 836,802.92 Break down of standard providers and the benefits they provide Provider Benefits Description A.C. Newman Co. Accidental Death Life Insurance Delta Dental Employee dental insurance coverage The Hartford Life Insurance Policy Health Net Employee health insurance Kaiser Employee health insurance Wage Works Flexible Savings Account (FSA) deductions US Treasurey Employee federal tax withholdings State of California Employee state income tax, unemployment insurance and child support/garnishments Mass Mutual A 401A plan Mass Mutual B 457B plan Mass Mutual Roth Roth plan Lincoln National Replacement Social Security plan Fire/Police/La Verne Employee Group Dues LAIMP ACT Law Enforcement Task Force Demands 153895 18,750.00 APPLIED INFORMATION SCIENCES CORP. 153896 597.87 CBE LOS ANGELES 153897 900.00 CHARTER COMMUNICATIONS 153898 3,250.22 CITY OF PASADENA 153899 123.75 DYNAMIC METHODS 153900 2,186.60 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT 153910 1,131.00 TOTAL NETWORK SOLUTIONS 153911 545.24 ULINE MULTIPLE 89,500.00 LAI ENFORCEMENT OPERATIONS Total $ 116,984.68 LAIMP ACT demands are paid from federal asset forfeiture dollars allocated to LAIMP ACT crime prevention activities. These funds are not City funds and are not available for City use outside ofLAIMPACT activities. Page 3 of 3 64 January 19, 2021, City Council Meeting Page No. 56 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS 12/29/2020 DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND HAVE BEEN REVIEWED BY THE INTERIM FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL. SUMMARY OF DEMANDS LARGEST 10 CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS. AMOUNT ISSUED TO DESCRIPTION I. 199,118.40 GENTRY BROTHERS, INC. WEST SIDE - D STREET CONCRETE IMPROVEMENTS 2. 66,636.61 ALL AMERICAN ASPHALT FRUIT STREET MEDIAN IMPROVEMENT PAYMENT 3. 41,776.44 CALPERS REPLACEMENT BENEFIT FUND 2021 REPLACEMENT BENEFIT CHARGES 4. 15,875.00 ASH CONSTRUCTION PUBLIC SAFETY WOMENS RESTROOM REMODEL 5. 10,778.00 INLAND VALLEY HUMANE SOCIETY ANIMAL CARE/CONTROL SERVICES -JANUARY 2021 6. 9,879.62 SYNTECH GROUP IT CONSULTING SERVICES AUGUST 2020 - NOVEMBER 2020 7. 6,994.64 AMERICAL GRAPHIC SYSTEMS, INC. POLICE VEHICLE DECALS 8. 5,194.50 JONES & MA YER PROFESSIONAL SERVICES - NOVEMBER 2020 9. 5,000.00 DIVE/CORR, INC CITY RESERVOIR INSPECTIONS AT FOUR SITES 10. 5,000.00 TASTE OF ASIA BUSINESS ASSISTANCE GRANT 13,454.29 OTHER DEMANDS $ 379,707.50 DEMANDS OF $2,890.77 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS. IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS. Page 1 of2 65 January 19, 2021, City Council Meeting Page No. 57 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - EXHIBIT A 12/29/2020 CHECK NO. AMOUNT ISSUED TO 153912 $ 199,118.40 GENTRY BROTHERS, INC. 153920 66,636.61 ALL AMERICAN ASPHALT 153921 15,875.00 ASH CONSTRUCTION 153922 1,113.33 BRENNTAG PACIFIC, INC. 153923 128.99 CDCE 153924 14.43 COURTESY REALTY 153925 110.00 CSMFO 153926 5,000.00 DIVE/CORR, INC 153927 60.00 ELIAS BROS. CONTRACTORS, INC. 153928 16.86 EWING IRRIGATION PRODUCTS 153929 267.32 HUNTINGTON HARDWARE CO. 153930 69.95 INLAND VALLEY DAILY BULLETIN 153931 10,778.00 INLAND VALLEY HUMANE SOCIETY 153932 5,194.50 JONES & MA YER 153933 59.50 LESLIE'S POOLMART, INC. 153934 314.00 LIEBERT CASSIDY WHITMORE 153935 1,188.78 MICKY REHM 153936 50.00 PACIFIC PRECISION 153937 90.00 REBECCA GODBEY 153938 174.60 REGIONAL TAP SERVICE CENTER 153939 459.90 RENNE PUBLIC LAW GROUP 153940 41,776.44 CALPERS REPLACEMENT BENEFIT FUND 153941 56.00 SAFESHRED COMPANY, INC. 153942 53.75 SPROUTS FARMERS MARKET 153943 9,879.62 SYNTECH GROUP 153944 5,000.00 TASTE OF ASIA 153945 376.11 TIME WARNER CABLE 153946 182.50 TRIPEPI SMITH 153947 35.72 UPS 153948 2,726.29 VERIZON WIRELESS 153949 0.13 WAXIE SANITARY SUPPLY EFT 6,994.64 AMERICAL GRAPHIC SYSTEMS, INC. EFT 105.12 COLLEGIATE PRESS EFT 480.00 ENVIRONMENT CONTROL PUENTE HILLS EFT 980.00 GREENSCAPE MAINTENANCE SERVICES INC. EFT 425.00 LAW ENFORCEMENT MEDICAL SERVICES EFT 122.20 OFFICE SOLUTIONS EFT 3,432.39 SALT WORKS, INC. EFT 124.88 SUN BADGE CO. EFT 236.54 WEST COAST ARBORISTS, INC. 379,707.50 2,890.77 Total LAIMP ACT Demands Total Demands $ 382,598.27 LAIMPACT Law Enforcement Task Force Demands 153950 2,890.77 BANK OF AMERICA Total $ 2,890.77 LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMP ACT crime prevention activities. These funds are not City funds and are not available for City use outside ofLAIMPACT activities. Page2 of 2 66 January 19, 2021, City Council Meeting Page No. 58 This page left intentionally blank 67 January 19, 2021, City Council Meeting Page No. 59 Staff Report CITY OF LA VERNE Police Department DATE: January 19, 2021 TO: Mayor & Members of City Council FROM: Nick Paz, Chief of Police By: Colleen Flores, Chief Designee SUBJECT: Request for Personnel Changes AGENDA SUMMARY: At the La Verne City Council meeting on April 6, 2020, City Council authorized contracting with the City of Pomona for jail services. The motivation for contracting these services was to reduce the liability related to jail operations and eliminate the challenges the department had been facing with constant recruitment and retention issues of jail staff. Additionally, this change would provide an estimated operational savings of $170,000. In that report it was noted that the department would evaluate how the anticipated savings would be used to make operational improvements. This report will provide an update for council on jail service as well as seeking authorization to implement the addition of a sergeant with the savings. RECOMMENDATION: Staff recommends that the City Council approve the additional position of one (1) Sergeant to Patrol Operations to be effective February 1, 2021 and approve additional appropriations of $51,100. BACKGROUND: In April of 2020, City Council approved a three-year contract with the City of Pomona for jail services. By booking and housing of arrestees at the Pomona City jail, the City has reduced the liability related to jail operations. There is also a cost savings in the expense of recruiting and retaining jail staff due to a high turnover. The annual cost savings to the City of La Verne is $170,000. Additional details are in the attached staff report. The La Verne Police Department and the Pomona City jail have established an excellent jail services partnership and expect it to continue into the future. The Pomona City Jail Staff does an excellent job with the care and custody of the inmates and has booked 21 O arrestees for the City of La Verne in 2020. All arrestees with medical problems must be medically cleared at a local hospital prior to being booked and 68 January 19, 2021, City Council Meeting Page No. 60 Agenda Report City Council Meeting January 19, 2021 Page 2 housed. The process of medical clearance can vary depending on the circumstances in the emergency room. However, the booking process at the Pomona jail has been efficient. Additionally, Pomona jail staff has frequently assisted La Verne by transporting our arrestees to County jail when they need to be housed at a custody facility with 24-hour medical staff. La Verne Officers remain available in our City when Pomona jail staff is able to assist with the transport to Los Angeles. The addition of a Sergeant would assist in the mandated role of Watch Commander. Currently, a Watch Commander position is handled by a Sergeant or a Lieutenant, 24- hours a day, 7 days a week. Due to the limited staffing available to cover the position, there is a tremendous amount of pressure on employees to cover any vacancies when a Watch Commander is unavailable due to training, vacation, sick time or injuries. The Department is authorized for four Lieutenant positions. Historically the four Lieutenants were assigned to the Watch Commander role. Over time it became necessary to move two Lieutenant's from the Watch Commander role for succession planning and other operational needs. One Lieutenant is assigned to the taskforce at L.A. IMPACT, the Los Angeles Inter-agency Metropolitan Police Apprehension Crime Taskforce. The City of La Verne has been a partner with LA IMPACT since its inception in 1991. One Lieutenant is the commander of the Support Services Division and is in charge of Records, Dispatch, the Detective Bureau, IT, all professional staff, administrative budget and programs within the Division. Historically, the Police Department operated with two Captains, one to command Patrol Operations and the other to command the Support Services Division. Due to budget cuts, the Police Department cut one Captain position and replaced the Support Services Captain with and Administrative Lieutenant. The other two Lieutenants are assigned to the Watch Commander role and also have several ancillary duties they command. Each year, there is an average of 1,000 hours of overtime that is required to cover vacancies in the Watch Commander position. The mandated overtime coverage, in addition to the Sergeant's full-time position, is a burden to staff. The additional Sergeant position is expected to reduce the overtime in the Watch Commander role by approximately $49,000 annually. The benefit of the additional Sergeant will assist in sharing a tremendous workload. Each Sergeant also has several ancillary duties they are responsible for in addition to the Watch Commander role. The ancillary duties include being responsible for the Business Watch and Neighborhood Watch Programs, the Field Training Program, the Homeless Team, the Reserve, Explorer and RSVP Programs, the Range and Use of Force Unit, Policy and the Special Events Team. These programs are supervised by Sergeants and work hand in hand with the community to ensure safe events such as the Fourth of July parade, car shows and wine walk. They also assist with resolving quality of life concerns and are imperative to day to day operations to be in compliance with the State and industry standards. 69 January 19, 2021, City Council Meeting Page No. 61 Agenda Report City Council Meeting January 19, 2021 Page3 FISCAL IMPACT: The overall net effect of this addition would be $8,000. The cost to support a fully benefited Sergeant for 12 months is approximately $230,000. When combining the savings from contracting jail services with the reduction of overtime, the additional funding needed is approximately $8,000. It should be noted that while the effect is nominal, since the savings from the jail contact was not appropriated in the current budget the department's budget will show an overall increase of $180,000. As for the current fiscal year, due to the net cost savings through vacant positions at the Department, appropriations of $51,100 are needed to fund the position beginning in February, through the rest of the fiscal year. Respectfully submitted by: __(;'"'---. l-~ __t ____ _ 70 January 19, 2021, City Council Meeting Page No. 62 This page left intentionally blank 71 January 19, 2021, City Council Meeting Page No. 63 Agenda Report CITY OF LA VERNE Community Development Department DATE: January 19, 2021 TO: Honorable Mayor and City Council h FROM: Eric Scherer, AICP, Community Development Directory SUBJECT: Resolution No. 21-01 - Adoption of a resolution extending time for initiating activities for development of housing assets. (APN #8666-045-927 and APN #8666-038-918) AGENDA SUMMARY The City owns two (2) properties that must be developed for affordable housing or sold. The time within which to commence activities for such development has expired. Adoption of the subject resolution will provide staff with additional time in which to provide for development of the parcels. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 21-01 to extend time within which to initiate activities to develop affordable housing on the subject parcels. BACKGROUND When the state dissolved redevelopment agencies the City of La Verne became the "housing successor" and as such inherited a number of properties that had been acquired by the former redevelopment agency with low and moderate income housing funds. Among those were the properties on Walnut Street (1874, 1876, and 1878 Walnut Street) which are to be transferred to Brandywine for development of affordable housing. The City also acquired a property on the west side of Fruit Street at its terminus at the freeway (APN 8666-038-918) and a parcel located between Almond Street and Williams Avenue just south of the freeway (APN 8666-045-927). Both of those properties were acquired to provide affordable housing. Health and Safety Code § 33334.16 requires that the City initiate activities consistent with development of affordable housing on those parcels within five (5) years from August 29, 2012 (the date that the Department of Finance approved the parcels as housing assets). If these activities have not been initiated within that time period the City Council may, by resolution, extend the period during which the City may retain the property for one (1) additional period not to exceed five (5) years. If physical development of the property has not commenced within that extended time period the City must sell the properties with the proceeds of sale going to the low and moderate income housing fund. 72 January 19, 2021, City Council Meeting Page No. 64 Reso. No. 21-01 January 19, 2021 Page 2 To date the City has been actively marketing the Walnut Street parcels. Now that those parcels have been contracted for development of affordable housing, staff will commence efforts to market the other two (2) parcels for affordable housing. Adoption of Resolution No. 21-01 will provide staff with continuing authority to initiate activities for development of affordable housing on those two (2) remaining parcels. Respectfully submitted by: Maia Mccurley, Associate Planner Attachment: Resolution No. 21-01 73 January 19, 2021, City Council Meeting Page No. 65 RESOLUTION NO. 21-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, EXTENDING TIME FOR INITIATING ACTIVITIES FOR DEVELOPMENT OF HOUSING ASSETS. (APN #8666-045-927 AND APN #8666-038-918) WHEREAS, by adoption of Resolution No. 12-04 on January 17, 2012, the La Verne City Council elected to have the City of La Verne (the "City") retain the housing assets a~d functions of the former La Verne Redevelopment Agency (the "Agency"). WHEREAS, the Agency had acquired with low and moderate income housing funds, two parcels identified as APN #8666-045-927 and APN #8666-038-918 (the "Parcels"). On August 29, 2012, the Department of Finance approved the designation of these parcels as housing assets and on October 11, 2012 the La Verne Successor Agency Oversight Board approved the transfer of the Parcels to the City. WHEREAS, Health and Safety Code Section 33334.16 requires the City to commence activities to develop affordable housing on housing asset parcels within five years from approval of the assets by the California Department of Finance, but allows the City to extend that period for an additional five years. WHEREAS, the City Council affirms its intent that the Parcels be used for development of housing affordable to persons and families of low and moderate income. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows: Section 1. The City Council hereby extends the time in which physical development shall be commenced for the Parcels to August 29, 2022. PASSED, APPROVED AND ADOPTED this 19th day of January, 2021. Tim Hepburn, Mayor ATTEST: Lupe Gaeta Estrella, Assistant City Clerk 74 January 19, 2021, City Council Meeting Page No. 66 CERTIFICATION I hereby certify that the foregoing Resolution No. 21-01 was duly and regular!X adopted by the City Council of the City of La Verne at a meeting thereof held on the 19 H day of January, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Lupe Gaeta Estrella, Assistant City Clerk 2 Resolution No. 21-01 75 January 19, 2021, City Council Meeting Page No. 67 Agenda Report CITY OF LA VERNE City Manager's Office DATE: January 19, 2021 TO: Honorable Mayor and City Council FROM: JR Ranells, Assistant to the City Manager f SUBJECT: Resolution 21-2 Agreement Extension for Interim Employment (Mark Alvarado) AGENDA SUMMARY As a result of a continued vacancy, the City and Mark Alvarado are desirous to extend a retired annuitant employment agreement pursuant to Executive Order N- 84-20. RECOMMENDATION Staff recommends the City Council approve the attached resolution authorizing the City Manager to execute an employment agreement extension with Mark Alvarado to provide interim, part-time employment. BACKGROUND Last spring, the head of the City's Finance Division departed La Verne for another agency. As this is a critical position within the City, a recruitment was initiated. However, due to the anticipated length of time necessary to identify the best candidate, the City Council entered into an employment agreement with retired annuitant Mark Alvarado, who is a highly qualified and experienced financial professional, to bridge the gap until a permanent appointment could be made. Unfortunately, the original recruitment for a permanent Director of Finance had to be reopened due to unforeseen circumstances. The reopening created a delay in the original timeline for filling the position. Additionally, the delay created a challenge related to Mr. Alvarado's employment agreement as it was originally set to expire on December 31, 2020, and under the California Government Code, could not be extended. However, on December 14, 2020, Governor Gavin Newsom issued Executive Order N-84-20 (attached) establishing that the reinstatement and work hour limitation in Government Code Section 21221, subdivision (h) (including, in particular, the limitation that a retiree may only be appointed to a vacant position once) are 76 January 19, 2021, City Council Meeting Page No. 68 Agenda Report - Alvarado Extension January 19, 2021 Page 2 suspended as applied to retired persons whom the relevant state or local public agency determines to be engaged in (or whom the relevant state or local public agency seeks to engage in) mitigating the effects of the COVID-19 pandemic. The Executive Order allows the City to extend Mr. Alvarado's agreement considering his position as the Interim Director of Finance is intimately involved in mitigating the effects of the COVID-19 pandemic for the La Verne community. This includes ensuring all financial obligations are met, necessary revenues are collected, and ultimately that critical citywide operations continue uninterrupted. Additionally, because of the economic impacts of COVID-19 and anticipated reduction in revenue, oversight of the impacts on the City's budget is crucial at this time. While PERS has indicated City Council approval would not be required as a result of the Executive Order, staff felt it was appropriate considering the original agreement was considered during a regular City Council meeting. The terms of the latest agreement are virtually the same as the prior with two practical changes. The first change includes adjusting the wage amount commiserate with the current salary range for the Director of Finance Director position as approved by the City Council with Resolution 20-83. The second change revises the term of the agreement to be effective from January 1, 2021 until June 30, 2021. Despite the six month term, the City is hopeful the current recruitment process produces a successful candidate prior in the near future and has already held the initial phases of interviews with prospective candidates. Due to the Director of Finance position already being appropriated in the current budget, there are no additional cost considerations or appropriations necessary with the recommended extension. Attachments: Resolution 21-2 Employment Agreement Executive Order N-84-20 77 January 19, 2021, City Council Meeting Page No. 69 RESOLUTION NO. 21-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, EXTENDING AN AGREEMENT WITH "RETIRED ANNUITANT" MARK ALVARADO FOR INTERIM DIRECTOR OF FINANCE SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, the Director of Finance position is currently vacant pending a recruitment process and permanent appointment; and WHEREAS, Retired Annuitant Mark Alvarado is uniquely qualified to serve as the City's Interim Director of Finance; and WHEREAS, California Government Code Section 21221(h) allows, the City Council to appoint a CalPERs retiree to fill a position which is vacant for a period not to exceed one year and found by the governing body to require specialized skills; and WHEREAS, the City Council authorized an employment agreement with Mark Alvarado on April 6, 2020; and WHEREAS, although, Mark Alvarado's original appointment expired on December 31, 2020, Governor Newsom issued Executive Order N-84-20 establishing that the reinstatement and work hour limitation in Government Code Section 21221 (h) (including, in particular, the limitation that a retiree may only be appointed to a vacant position once) are suspended as applied to retired persons whom the relevant state or local public agency determines to be engaged in (or whom the relevant state or local public agency seeks to engage in) mitigating the effects of the COVID-19 pandemic. WHEREAS, the City Council of the City of La Verne certifies that Mark Alvarado has not and will not receive a Golden Handshake or any other retirement related incentive; and WHEREAS, the entire employment agreement document between Mark Alvarado and the City of La Verne has been reviewed by this body and is attached hereto; and WHEREAS, subject to earlier termination as provided for in the employment agreement document, Alvarado shall be employed for a term beginning January 1, 2021, and ending no later than June 30, 2021; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties; and 78 January 19, 2021, City Council Meeting Page No. 70 WHEREAS, the minimum monthly base salary for the Director of Finance classification is $72.833/hour and the maximum monthly base salary is $88.529/hour; and WHEREAS, the hourly rate to be paid to Mark Alvarado will be $88.529/hour; and WHEREAS, Mark Alvarado has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate. BE IT RESOLVED by the City Council of the City of La Verne as follows: Section 1. The City Council certifies the nature of the appointment of Mark Alvarado as described herein and that this appointment is necessary to conti"nue to provide service to the citizens and visitors to La Verne, to ensure leadership and continuity in the Finance Division during a recruitment and permanent appointment as well as engage in mitigating the impacts of the COVID-19 pandemic for the City of La Verne. Section 2. That the City Manager of the City of La Verne is hereby authorized to execute an Agreement with Mark Alvarado for Interim Director of Finance Services, said Agreement being in the form attached hereto and made a part hereof by reference as though the same were set forth in full herein. Section 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force. PASSED, APPROVED AND ADOPTED this 19th day of January, 2021. ATTEST: Tim Hepburn, Mayor Lupe Estrella, Assistant City Clerk Resolution No. 21-02 -2- 79 January 19, 2021, City Council Meeting Page No. 71 CERTIFICATION I hereby certify that the foregoing Resolution No. 21-02 was duly and regularlt adopted by the City Council of the City of La Verne at a meeting thereof held on the 1 gt day of January, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Lupe Estrella, Assistant City Clerk Resolution No. 21-02 -3- 80 January 19, 2021, City Council Meeting Page No. 72 EMPLOYMENT AGREEMENT This employment agreement is effective as of January 1. 2021, between the City of La Verne ("Employer") and Mark Alvarado ("Alvarado"). 1. Employer desires to engage the services of Alvarado in order to utilize his experience, abilities and knowledge as Interim Director of Finance under the terms and conditions set forth below and allowed for under Government Code sections 7522.56 and 21221 (h). 2. Although Alvarado's original appointment expired on December 31, 2020, Governor Newsom issued Executive Order N-84-20 establishing that the reinstatement and work hour limitation in Government Code Section 21221, subdivision (h) (including, in particular, the limitation that a retiree may only be appointed to a vacant position once) are suspended as applied to retired persons whom the relevant state or local public agency determines to be engaged in (or whom the relevant state or local public agency seeks to engage in) mitigating the effects of the COVID-19 pandemic. 3. As the Interim Director of Finance, Alvarado is specifically and crucially relied upon to assist the City of La Verne to mitigate the effects of the COVID-19 pandemic. 4. Alvarado desires to continue in the employ of Employer and is willing to do so under the terms and conditions set forth below. THEREFORE, in consideration of the above recitals and of mutual promises and conditions in this AGREEMENT, it is agreed as follows: 5. TERM OF EMPLOYMENT. Subject to earlier termination as provided for in this AGREEMENT, Alvarado shall be employed for a term beginning January 1, 2021, and ending no later than June 30, 2021. 6. DUTIES AND AUTHORITY. Employer shall employ Alvarado as Interim Director of Finance, and Alvarado shall be vested with full power and authority to manage and conduct all the business of the Finance Department as is provided for by the La Verne Municipal Code and other applicable statutory provisions. Duties and assignments while in this capacity shall generally include: plan, direct, and supervise payroll, accounts payable, accounts receivable, cashiering, business licensing, budget preparation, treasury management, and the centralized accounting of the City; to assist in developing and implementing financial planning and budgeting procedures, and to evaluate, develop and implement accounting systems and procedures. Additional duties include ensuring all financial obligations are met, necessary revenues are collected, and ultimately that critical citywide operations continue uninterrupted during the COVID-19 pandemic. Lastly, because of the economic impacts of COVID-19 and anticipated reduction in revenue, oversight of the impacts on the City's budget is crucial at this time. 7. REASONABLE TIME AND EFFORT. During his employment, Alvarado shall devote such time, interest and effort to the performance of this AGREEMENT as is necessary. However, absent a mandated schedule, Alvarado shall be expected to devote approximately 50 hours a month to the performance of these described duties. 81 January 19, 2021, City Council Meeting Page No. 73 8. WAGES. During the term of this AGREEMENT, Employer agrees to pay Alvarado the hourly rate of $88.529, payable in bi-weekly installments subject to all applicable withholdings and deductions. 9. ADDITIONAL BENEFITS. Except as provided for above, or as required by State and Federal law, during the employment term, Alvarado shall not be entitled to receive other benefits of employment generally available to Employer's other employees. 10. TERMINATION OF AGREEMENT. Employer may terminate Alvarado's employment during the term of this AGREEMENT, on provision to Alvarado of thirty (30) days written notice of such action. 11. INDEMNIFICATION BY EMPLOYER. Employer shall, to the maximum extent permitted by the law, indemnify and hold Alvarado harmless for any acts or decisions made by him in the course and scope of employment. To the same extent, Employer will pay and advance all expenses, including reasonable attorney's fees and costs of court approved settlements, actually and necessarily incurred by Employer in connection with the defense of any action, suit or proceeding and in connection with any appeal, which has been brought against Alvarado by reason of his performance of services as an officer or agent of the Employer. 12. TERMINATION OR RESIGNATION. Alvarado may terminate this AGREEMENT by giving Employer prior written notice of resignation. Unless otherwise agreed to by the parties, termination of employment by resignation shall result in no post-resignation compensation being paid to Alvarado. 13. CONFORMANCE WITH RETIREMENT LAW. This AGREEMENT may only be modified, including extension of term, in writing by Alvarado and City Manager or their designee provided that changes are in conformance with current California Public Employee's Retirement law involving post retirement employment. Executed on this 19th day of January 2021, in the City of La Verne, Los Angeles County. Signatures: Bob Russi, City Manager for the City of La Verne Mark Alvarado Interim Director of Finance 82 January 19, 2021, City Council Meeting Page No. 74 EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-84-20 WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS the COVID-19 pandemic necessitates physical distancing measures and households to stay at home in order to minimize further spread of the disease; and WHEREAS the COVID-19 pandemic has exacerbated the already critical housing crisis faced by Californians such that finding new housing during this time both poses health risk and is extremely burdensome, especially for migratory agricultural workers and their families; and WHEREAS previous suspensions of certain limitations applicable to retired annuitants have bolstered state and local efforts to mitigate the effects of the COVID-19 pandemic, and additional flexibility in this space will further enhance state and local agencies' response to the pandemic; and WHEREAS the COVID-19 pandemic, as well as physical distancing and other public health measures undertaken in response to it, continue to affect individuals, businesses, and governmental agencies alike, with associated impacts on adherence to certain statutory and regulatory deadlines and requirements; and WHEREAS on November 30, 2020, the emergency temporary standard concerning COVID-19 prevention in places of employment (ETS) and codified in California Code of Regulations, Title 8, section 3205-3205.4 took effect; and WHEREAS the ETS directed employers to exclude from the workplace for 14 days those employees who have been exposed to COVID-19, reflecting the then-current guidance of the Centers for Disease Control and Prevention (CDC) and the California Department of Public Health (CDPHJ on quarantining after being exposed to COVID-19; and WHEREAS on December 14, 2020, CDPH published Updated COVID-19 Quarantine Guidance that sets forth new directives, based upon CDC guidelines, for when employees exposed to COVID-19 who are asymptomatic may discontinue quarantine; and WHEREAS public health recommendations and the requirements of the ETS should be consistent in order to protect public health; and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would continue to prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic. 83 January 19, 2021, City Council Meeting Page No. 75 NOW. THEREFORE. I. GAVIN NEWSOM. Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately: IT IS HEREBY ORDERED THAT: 1J Health and Safety Code section 50710. l. subdivision (c). paragraph (8), and any related implementing regulations, are suspended to the limited extent that they: a. Prevent a migrant farm labor center assisted by the Department of Housing and Community Development from operating for more than 275 days in a calendar year in order to protect the health and safety of existing tenants during the COVID-19 pandemic; or b. Prevent existing tenants of such a center who need to continue occupying the center for health and safety reasons related to the COVID-19 pandemic from occupying the center for more than 275 days in a calendar year. 2) If health and safety reasons related to the COVID-19 pandemic warrant extending an occupancy period as permitted under paragraph 1 of this Order, the following requirements shall also be suspended: a. The petition and notice requirements in Health and Safety Code section 50710.l. subdivision (c), paragraph (3). b. The requirement in Health and Safety Code section 50710.1, subdivision (c). paragraph (4) to request an extended occupancy period, and for the Department to notify the entity operating the migrant farm labor center and residents of its final decision no later than seven days prior to the center's scheduled opening or closing date. c. The notice requirement in Health and Safety Code section 50710. l. subdivision (c), paragraph (7). 3) The eligibility requirement of Health and Safety Code section 50710.3, subdivision (a). and any related implementing regulations. for a migratory agricultural worker to have resided outside a 50-mile radius of the migrant farm labor center for at least three months out of the preceding six-month period shall be suspended for workers who do not satisfy the eligibility requirements because they needed to continue occupying a migrant form labor center for health and safety reasons related to the COVID-19 pandemic. 4) The reinstatement and work hour limitations in Government Code section 21221, subdivision (h) (including, in particular, the limitation that a retiree may only be appointed to a vacant position once) ore suspended as applied to retired persons whom the relevant state or 84 January 19, 2021, City Council Meeting Page No. 76 local public agency determines to be engaged in (or whom the relevant state or local public agency seeks to engage in) mitigating the effects of the COVID-19 pandemic. 5) In order to quickly provide relief from interest and penalties for businesses impacted by the proclaimed emergency of COVID-19, the provisions of the Revenue and Taxation Code that apply to the taxes and fees administered by the Department of Tax and Fee Administration requiring a request for an extension or the filing of a statement under penalty of perjury may be suspended by the Department for a period of up to three months after the due date of the return or payment for individuals or businesses filing a return for less than $1,000,000 in taxes or fees. This is effective after the date of this Order and shall remain effective through the reporting of taxes or fees due or the payment of taxes or fees that are due on or by April 30, 2021. 6) The deadline specified in Government Code section 1774(c) (related to the Senate's confirmation of an individual appointed or reappointed by the Governor to an office) is extended until April 1, 2021 for an individual appointed or reappointed to an office specified in Welfare and Institutions Code section 1718, subdivision (a). 7) The exclusion periods required in California Code of Regulations, Title 8, section 3205( c) ( 10) and the periods for which a worker shall not return to work specified in section 3205(c)(l 1) shall be suspended to the extent that they exceed the longer of: a. Any applicable quarantine or isolation period recommended by the CDPH, including in the December 14, 2020 Updated COVID- 19 Quarantine Guidelines; or b. Any applicable quarantine or isolation period recommended or ordered by a local health officer who has jurisdiction over the workplace. 8) The suspension in paragraph 7 shall not apply where an employer prevents a worker who returns to work earlier than permitted under the ETS as enacted on November 30, 2020 from satisfying any of the conditions specified by the CDPH or a local health officer that are applicable to the periods specified in Paragraph 7, subparagraphs (a) or (b) above. 9) If the Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA)'s enforcement of the exclusion periods required in California Code of Regulations, Title 8, section 3205(c)(10) or the periods for which a worker shall not return to work specified in section 3205(c) ( 11) changes, Cal/OSHA shall promptly provide public notice of the change, including through posting notice on its web page regarding the ETS, https://www.dir.ca.gov/dosh/coronavirus/ETS.html. 85 January 19, 2021, City Council Meeting Page No. 77 IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to. and does not. create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 14th day of December 2020. GAVIN NEWSOM Governor of California ATTEST: ALEX PADILLA Secretary of State 86 January 19, 2021, City Council Meeting Page No. 78 This page left intentionally blank 87 January 19, 2021, City Council Meeting Page No. 79 Agenda Report CITY OF LA VERNE Community Development Department DATE: January 19, 2021 TO: City Council FROM: Eric Scherer, AICP, Community Development Director SUBJECT: Historical Property Agreement (Mills Act Contract) for the Rager House, 2433 3rd Street AGENDA SUMMARY: The owners of 2433 3rd Street requests: (1.) Recognition of the home, the Rager House, as a local cultural landmark, and (2.) Approval of a Historical Property Agreement, also known as a "Mills Act" contract, which commits the current and future owners to maintain their historic property in an exemplary manner and to retain or, where appropriate, restore historic features. The Agreement will result in lower property taxes for the owners. RECOMMENDATION: Staff recommends approval of Resolution No. 21-03 designating 2433 3rd Street as a local landmark and approving the attached Historical Property Agreement. BACKGROUND: A. Historical Property Agreements/Mills Act Contracts Historical Property Agreements, also known as Mills Act Contracts, encourage preservation of 'heritage' properties. State enabling legislation and the City's General Plan allow the City to enter into these Agreements which require exemplary maintenance and limitation of use in exchange for favorable property tax treatment. The City expects participating owners to use their tax savings to preserve and in some cases restore character-defining features or remove inappropriate ones. A fine of 12-1/2% of the current fair market value of the property is imposed if a Mills Act property is demolished or if major character-defining features are removed or inappropriately altered or if it is converted to a use that would alter its character. A year is added annually to the 10-year term of the contract unless a notice of cancellation is given, in which case it takes 10 years for the Agreement to run out. 88 January 19, 2021, City Council Meeting Page No. 80 2433 3rd Street 2 CC-January 19,2021 B. 2433 3rd Street The owners of the property, Kevin and Carly Knowles, have requested designation of the home at 2433 3rd Street as a historic landmark and approval of a Historical Property AgreemenUMills Act contract. The home was constructed in 1919 and originally occupied by various owners, including Esta Rager and Elsie Rager who lived on the property for about 30 years. The home was originally labeled as 411 E. 3rd street, but was later renumbered as 2433 3rd street. The one-story Craftsman Bungalow, rectangular in shape, with a low pitched roof of composition sheeting, a two foot overhang with corniced edges and heavy, squared off lookout beams. The lot area for the property is 6,994 sq. ft., and the total living area for the property is 1,448 sq. ft. The siding of the house is made of painted shiplap siding and the property has a cement foundation. The lower half of the two porch piers are constructed using river rock and are capped with cement. The short wall between the two piers is made of the same construction. This wall also has a small arched opening at its center. The front door to the residence is made of natural wood and has 3 multi-lights. At each side of the front door are dual light windows, which are flanked by double-hung windows. The property also contains a garage to the rear that is abutting the alley. City records, shown through aerials of the property, indicate that the garage has existed prior to 1988. The property also lies within the Lordsburg Specific Plan zone and its land use is designated as single family residential. Esta A. Rager and his wife Elsie L. Rager moved into 2433 3rd Street in 1924, but prior to their arrival, the home was occupied by Reverend Thomas H. Broad, Pastor of the Brethren Church, and his family from 1922-1923. Esta Rager worked as a cement finisher while Elsie Rager was a librarian. The Ragers shared differing political views, with Mr. Rager being registered as a Democrat while Mrs. Rager was registered as a Republican. Elsie Rager passed away in 1953 and the following year, Mr. Rager moved from the property. The Ragers lived at the property from 1924 up until 1954, which is a total of 30 years. C. Environmental Review Designation and preservation contracts are exempt from the California Environmental Quality Act (CEQA) under Section 15331. Attachments: A. Resolution No. 21-03 B. Historical Agreement C. Photographs 89 January 19, 2021, City Council Meeting Page No. 81 RESOLUTION NO. 21-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESIGNATING THE RAGER HOUSE AS A LOCAL LANDMARK; APPROVING A HISTORICAL PROPERTY AGREEMENT; AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH THE OWNERS OF THE LANDMARK PROPERTY WHEREAS, Kevin and Carly Knowles, owners of 2433 3rd Street (APN 8377- 007-012) have requested to enter into a Historical Property Agreement also known as a Mills Act Contract with the City Council; and WHEREAS, the City Council of the City of La Verne has determined that preservation of cultural resources are important to the City and contribute to the City's quality of life and to the welfare of current and future generations; and WHEREAS, the La Verne General Plan recognizes the importance of designating important sites, buildings and neighborhoods as cultural resources and local landmarks and encourages such designations as well as incentives for historic preservation such as Historical Property/Mills Act Agreements; and WHEREAS, the Rager House qualifies as a local landmark property because of its age (built in 1919); the architectural details of the home; the overall ambiance of the property; and the history of the Rager family in the Lordsburg/La Verne community; and WHEREAS, designation of 2433 3rd Street by the City Council as a local landmark enables the property to be eligible for a Historical Property Agreement; and WHEREAS, the City and the property owner, for their mutual benefit, desire to enter into a historical property agreement which defines and limits the use and alteration of this historic property in order to enhance and maintain its value as a cultural and historical resource for the owners and for the community; to encourage restoration of original features, prevent additional inappropriate alterations and additions; to ensure that repairs, additions, and other changes are consistent with the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner; and WHEREAS, such agreements and designations are exempt from the California Environmental Quality Act under Section 15331. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows: Section 1. The City Council HEREBY FINDS AND DETERMINES that the Rager House, APN 8377-007-012, is a local cultural landmark because of the age, materials, and style of the home, as well as the history of the Rager family. 90 January 19, 2021, City Council Meeting Page No. 82 Section 2. As a local landmark, the Rager House is a "qualified historical property" and eligible for favorable valuation by the County Assessor as an enforceably restricted historical property under the provision of the California Government Code Sections 50280 et. Seq. and California Revenue and Taxation Code Sections 439.1 et seq. Section 3. The City Council HEREBY APPROVES the attached Historical Property Agreement between the City Council and the current property owners. Section 4. The City Council HEREBY AUTHORIZES the Mayor to execute the attached Historical Property Agreement between the City Council of the City of La Verne and the owners of the qualified historical property. Section 5. The Mayor shall sign and Assistant City Clerk shall attest to the adoption of this Resolution, and thereupon the same shall take effect and be in force. APPROVED AND ADOPTED this 19th day of January, 2021. Mayor Tim Hepburn ATTEST: Lupe Gaeta Estrella, Assistant City Clerk CERTIFICATION I hereby certify that the foregoing Resolution No. 21-03 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 19th day of January, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Lupe Gaeta Estrella, Assistant City Clerk Resolution No. 21-03 2 91 January 19, 2021, City Council Meeting Page No. 83 RECORDING REQUESTED BY: 2 City of La Verne 3 4 WHEN RECORDED MAIL TO: 5 6 City Clerk 7 3660 D Street 8 La Verne, CA 91750 9 10 11 12 APN: 8377-007-012 13 14 15 HISTORICAL PROPERTY AGREEMENT 16 17 AN AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF LA VERNE, 18 COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, KEVIN KNOWLES, AND 19 CARLY KNOWLES, OWNERS OF THE RAGER HOUSE, 2433 3RD STREET, A 20 LOCALLY DESIGNATED LANDMARK 21 22 WHEREAS, THE City Council of the City of La Verne is authorized by California 23 Government Code Section 50280 et seq. (known as the "Mills Act") to enter into 24 Agreements with owners of qualified historic properties in order to provide for 25 appropriate use, maintenance, rehabilitation, and restoration to such extent that 26 these historic properties retain their historic character and integrity; and 27 28 WHEREAS, the City Council approved a policy in the Cultural Resources Chapter 29 of the La Verne General Plan to encourage historic preservation and utilize Historical 30 Property Agreements known as Mills Act Contracts to do so; and 31 32 WHEREAS, Kevin Knowles, and Carly Knowles, owners of 2433 3rd Street, a 33 7,000 square foot property, Assessor's Parcel Number 8377-007-012, in La Verne, 34 California, 91750, possesses fee title in and to that certain qualified real property 35 together with associated structures and improvements thereon, hereinafter referred 36 to as the "historical property" or the Rager_House; and 37 38 WHEREAS, the historical property is a designated local landmark and a qualified 39 historical property; and 40 41 WHEREAS, the City and property owner, for their mutual benefit, desire to enter 42 into this Agreement which defines and limits the use and alteration of this historical 43 property in order to enhance and maintain its value as a cultural and historical 44 resource for the owner and the community; and in order to prevent inappropriate 45 alterations; and to ensure that repairs, additions, and changes to the buildings and 46 grounds are appropriate and comply with The Secretary of the Interior's Standards 47 and Guidelines for the Treatment of Historic Properties (hereinafter "The Secretary's 92 January 19, 2021, City Council Meeting Page No. 84 Standards"); and to ensure that rehabilitation, restoration, and maintenance are 2 carried out in an exemplary manner; and 3 4 WHEREAS, the owner and the City intend to carry out the purposes of California 5 Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 6 50280 et seq., which will enable the Rager House to qualify for an assessment of 7 valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., 8 Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. 9 10 NOW, THEREFORE, the City Council of the City of La Verne (hereinafter "City") 11 and Kevin Knowles, and Carly Knowles, owners of the historical property, (hereinafter 12 "Owner") agree as follows: 13 14 15 Section 1. Effective Date and Terms of Agreement. This Agreement shall be 16 effective and commence on January 19, 2021, or the date deemed applicable by the 17 Los Angeles County Assessor's office, and shall remain in effect for a term of ten (10) 18 years thereafter. Each year upon the anniversary of the effective date of this 19 Agreement, such initial term will automatically be extended as provided in California 20 Government Code Sections 50280 through 50290 and in Section 2, below. The 21 Owner or agent of the Owner shall provide written notice of the Agreement to the 22 State Office of Historic Preservation within six (6) months of entering into the 23 Agreement. 24 25 26 Section 2. Renewal 27 28 A. Each year on the anniversary of the effective date of this Agreement, a year 29 shall automatically be added to the initial ten ( 10) year term of this Agreement 30 unless written notice of nonrenewal is served as provided herein. 31 32 B. If the Owner or the City desire(s) in any year not to renew the Agreement, the 33 Owner or City shall serve written notice of nonrenewal of the Agreement on 34 the other party. Unless such notice is served by the Owner to the City at least 35 ninety (90) days prior to the annual renewal date, or served by the City to the 36 Owner at least sixty (60) days prior to the annual renewal date, one (1) year 37 shall automatically be added to the term of the Agreement as provided herein. 38 39 C. The Owner may make a written protest of the notice. The City may, at any 40 time prior to the annual renewal date of the Agreement, withdraw its notice to 41 the Owner of nonrenewal. 42 43 D. If either the Owner or the City serves notice to the other of nonrenewal in any 44 year, the Agreement shall remain in effect for the balance of the term then 45 remaining, either from its original execution or from the last renewal of the 46 Agreement, whichever may apply. 47 48 His tori cal Property Agreement - Rager house 2 93 January 19, 2021, City Council Meeting Page No. 85 1 Section 3. Standards and Conditions. During the term of this Agreement, the 2 historical property shall be subject to the following conditions: 3 4 A. The Community Development Director or designee shall be notified of 5 changes to the property prior to their execution to ensure that the changes 6 comply with all applicable standards and regulations. 7 8 The Owner shall preserve, maintain, and, where necessary, restore or 9 rehabilitate in conformance with The Secretary's Standards the property and 1o character-defining features of the Marshall House, notably the general 11 architectural forms; the style and materials; original design; scale, proportions; 12 organization and types of historic windows and doors; roof lines; chimney; and 13 other aspects of the building. Tax savings shall be used to maintain the home 14 and overall property in an exemplary manner and for restoration as described 15 on the attached list. 16 17 Changes to the property such as additions or new structures, alterations to 18 character-defining features such as original materials and windows shall be 19 consistent with the Secretary's Standards, and shall be subject to approval by 20 the Community Development Director or designee. The property shall continue 21 to be used as a single-family residence. No additional residential or other 22 uses that could alter the historic character of the property shall be permitted. 23 The property shall not be subdivided. 24 25 B. Minor repairs, painting, minor landscaping, maintenance, and similar activities 26 shall not require review; however, when applying for a building permit of any 27 kind, the Owner shall notify the Building Department that the property is under 28 a Historical Property Agreement so that the City can be assured that all work 29 will be done in the manner required by City and federal historic preservation 30 standards. Changes to the exterior shall be subject to the review and approval 31 of the Community Development Department. Interior changes not requiring a 32 building permit and not affecting the historic character of the house are 33 permitted. Changes to non-historic alterations that result in an appearance 34 more in keeping with the 1919 character and features are encouraged. 35 Property tax savings shall be used to maintain the home and property and to 36 carry out improvements agreed to by the City provided that they are in keeping 37 with the historical character of the property. 38 39 C. The house shall remain visible from the public right-of-way in order to allow 40 enjoyment by the public. 41 42 D. Photographs submitted by the Owner at the inception of the Agreement and 43 the City's aerial photograph shall be considered "baseline" data; proposed 44 future changes shall be compared to the baseline for compatibility and 45 appropriateness and to ensure that non-permitted changes have not been 46 made. 47 Historical Property Agreement- Rager house 3 94 January 19, 2021, City Council Meeting Page No. 86 1 E. The following shall be prohibited: Demolition of the house or removal of 2 character-defining features of the buildings or site; subdivision of the lot; 3 excessive paving of the yard surfaces; exterior alterations or additions not in 4 keeping with The Secretary's Standards; removal of heritage or other 5 significant trees unless a certified arborist determines such removal necessary 6 due to disease or danger. 7 8 Also prohibited are: deteriorating, dilapidated or unrepaired structures such as 9 fences, roofs, doors, walls and windows; storage of junk, trash, debris, 10 discarded or unused objects such as cars, appliances, or furniture; any other 11 devices, decoration, structure or vegetation which is unsightly by reason of its 12 height, condition or inappropriate location. 13 14 F. The Owner shall allow reasonable periodic examination, by prior appointment, 15 of the interior and exterior of the historic property by representatives of the 16 County Assessor, the State Department of Parks and Recreation, the State 17 Board of Equalization, and the City of La Verne, as may be necessary to 18 determine the Owner's compliance with the terms and provisions of this 19 Agreement. 20 21 G. Upon request, the Owner shall from time to time provide the Community 22 Development Director or designee an updated list of improvements, repairs, 23 restorations, or replacements expected to be undertaken in the foreseeable 24 future and an estimated timetable. This list is for purpose of planning to 25 ensure that any changes will be undertaken in a logical manner and will be 26 consistent with preservation standards. All work shall be done in accord with 27 The Secretary's Standards. Other proposed improvements shall be 28 accomplished in due course over the next several years as described in the 29 attachment. 30 31 H. If the house is destroyed by fire or disaster such that there is no longer a 32 viable historic resource remaining, the Agreement shall be cancelled and no 33 fee imposed. This is not applicable to damage due to neglect or inappropriate 34 alteration. 35 36 I. The Owner of the historical property shall submit to the City an annual letter 37 beginning in January of 2022 reporting on the status of the historic property 38 and actions taken during the preceding year to fulfill the requirements of the 39 Agreement. 40 41 J. The historical property shall be maintained in an exemplary manner and shall 42 serve as a model of appropriate preservation and maintenance practices. 43 44 45 Section 4. Furnishing of Information. The Owner hereby agrees to furnish the 46 City with any and all information requested, which may be necessary or advisable to 47 determine compliance with the terms and provisions of this Agreement. 48 Historical Property Agreement - Rager house 4 95 January 19, 2021, City Council Meeting Page No. 87 Section 5. Cancellation. 2 3 A. The City, following a duly noticed public hearing by the City Council as set 4 forth in Government Code Section 50285, may cancel this Agreement if it 5 determines that the Owner has breached any of the conditions of this 6 Agreement or has allowed the property to deteriorate to the point that it no 7 longer meets the standards for a qualified historic property, or if the City 8 determines that the Owner has failed to restore or rehabilitate the property as 9 specified in Section 3 of this Agreement. If an Agreement is cancelled for 10 these reasons, the owner shall pay a cancellation fee to the State Controller I 1 as set forth in Government Code Section 50286, which states that the fee shall 12 be 12 ~% of the full value of the property at the time of the cancellation 13 without regard to any restriction imposed by this Agreement. 14 15 B. If the historical property is acquired by eminent domain and the City Council 16 determines that the acquisition frustrates the purpose of the Agreement, the 17 Agreement shall be cancelled and no fee imposed, as specified in 18 Government Code Section 50288. 19 20 21 Section 6. Enforcement of Agreement 22 23 A. In lieu of and/or in addition to any provisions to cancel the Agreement as 24 referenced herein, the City may specifically enforce, or enjoin the breach of, 25 the terms of the Agreement. In the event of a default, under the provisions to 26 cancel the Agreement by the Owner, the City shall give written notice to the 27 Owner by certified mail, and if such a violation is not corrected to the 28 reasonable satisfaction of the Community Development Director or designee 29 within thirty (30) days thereafter, or if not corrected within such a reasonable 30 time as may be required to cure the breach or the default, or default cannot be 31 cured within thirty (30) days (provided that acts to cure the breach or default 32 may be commenced within thirty (30) days and shall thereafter be diligently 33 pursued to completion by the Owner), then the City may, without further 34 notice, declare a default under the terms of this Agreement and may bring any 35 action necessary to specifically enforce the obligations of the Owner growing 36 out of the terms of this Agreement, apply to any court, state or federal, for 37 injunctive relief against any violation by the Owner or apply for such relief as 38 may be appropriate. 39 40 B. The City does not waive any claim of default by the Owner if the City does not 41 enforce or cancel this Agreement. All other remedies at law or in equity which 42 are not otherwise provided for in this Agreement or in the City's regulations 43 governing historic properties are available to the City to pursue in the event 44 that there is a breach of this Agreement. No waiver by the City of any breach 45 or default under this Agreement shall be deemed to be a waiver of any other 46 subsequent breach thereof or default hereunder. 47 48 Historical Property Agreement- Rager house 5 96 January 19, 2021, City Council Meeting Page No. 88 Section 7. Binding Effect of Agreement. 2 3 A. The Owner hereby subjects the property at 2433 3rd Street in La Verne, 4 California to the covenants, reservations, and restrictions as set forth in this 5 Agreement. 6 7 The City and Owner hereby declare their specific intent that the covenants, 8 reservations, and restrictions as set forth herein shall be deemed covenants 9 running with the land and shall pass to, and be binding upon, the Owner's 10 successors and assigns in title or interest to the historic property. Every 11 Agreement, deed, or other instrument hereinafter executed, covering or 12 conveying the historic property or any portion thereof, shall conclusively be 13 held to have been executed, delivered, and accepted subject to the 14 covenants, restrictions, and reservations expressed in this Agreement 15 regardless of whether such covenants, restrictions, and reservations are set 16 forth in such Agreement, deed, or other instrument. 17 18 19 Section 8. Notice. Any notice required by the terms of this Agreement shall be 20 sent to the address of the respective parties as specified below or at other addresses 21 that may be later specified by the parties hereto. 22 23 To City: City of La Verne 24 Attn: Community Development Director 25 3660 "D" Street 26 La Verne, CA 91750 27 28 To Owner: Kevin Knowles and Carley Knowles 29 2433 3rd Street 30 La Verne, CA 91750 31 32 33 Section 9. General Provisions 34 35 A. None of the terms, provisions, or conditions of this Agreement shall be 36 deemed to create a partnership between the parties hereto and any of their 37 heirs, successors or assigns, nor shall such terms, provisions, or conditions 38 cause them to be considered joint ventures or members of any joint enterprise. 39 40 B. The Owner agrees to and shall hold the City and its elected and appointed 41 officials, officers, agents, and employees harmless from liability for damage or 42 claims for damage for personal injuries, including death, and claims for 43 property damage that may arise from the direct or indirect use or operations of 44 the Owner or those of the Owner's contractor, subcontractor, agent, employee, 45 or other person acting on the Owner's' behalf, which relates to the use, 46 operation, and maintenance of the historic property. The Owner hereby 47 agrees to and shall defend the City and its elected and appointed officials, 48 officers, agents, and employees with respect to any and all actions for Historical Property Agreement - Rager house 6 97 January 19, 2021, City Council Meeting Page No. 89 damages caused by, or alleged to have been caused by reason of the 2 Owner's and/or their guests' activities in connection with the historic property. 3 4 C. This hold harmless provision applies to all damages and claims for damages 5 suffered, or alleged to have been suffered, and costs of defense incurred, by 6 reason of the operations referred to in this Agreement regardless of whether or 7 not the City prepared, supplied, or approved the plans, specifications, or other 8 documents for the historic property. 9 10 D. All of the Agreements, rights, covenants, reservations, and restrictions 11 contained in this Agreement shall be binding upon and shall inure to the 12 benefit of the parties herein, their heirs, successors, legal representatives, 13 assigns, and all persons acquiring any part or portion of the historic property, 14 whether by operation of law or in any manner whatsoever. 15 16 E. In the event legal proceedings are brought by any party or parties to enforce or 17 restrain a violation of any of the covenants, reservations, or restrictions 18 contained herein, or to determine the rights and duties of any party hereunder, 19 the prevailing party in such proceeding may recover all reasonable attorney's 20 fees to be fixed by the court, in addition to court costs and other relief ordered 21 by the court. 22 23 F. In the event that any of the provisions of this Agreement are held to be 24 unenforceable or invalid by any court of competent jurisdiction, or by 25 subsequent preemptive legislation, the validity and enforceability of the 26 remaining provisions, or portions thereof, shall not be effected thereby. 27 28 G. This Agreement shall be construed and governed in accordance with the laws 29 of the State of California. 30 31 Section 10. Recordation. No later than twenty (20) days after the parties 32 execute and enter into this Agreement, the City or the Owner shall cause this 33 Agreement to be recorded in the office of the County Recorder of the County of Los 34 Angeles. 35 36 37 Section 11. Amendments. This Agreement may be amended, in whole or in 38 part, only by a written recorded instrument executed by the parties hereto. 39 40 41 Section 12. Signatures. The Mayor and the Owner shall sign this Agreement, 42 which shall be notarized, between the City of La Verne and the Owner of the historic 43 property, Kevin Knowles, and Carly Knowles, 2433 3rd Street, La Verne, CA 91750. 44 45 46 IN WITNESS WHEREOF, the City and Owner have executed this Agreement on 47 the day and year written below. 48 Historical Property Agreement - Rager house 7 98 January 19, 2021, City Council Meeting Page No. 90 CITY OF LA VERNE 2 3 4 5 Date: By: 6 Tim Hepburn, Mayor 7 8 9 10 OWNERS 11 12 13 14 Date: By: 15 Kevin Knowles 16 17 18 19 Date: By: 20 Carly Knowles 21 Historical Property Agreement - Rager house 8 99 I •, January 19, 2021, City Council Meeting Page No. 91 Agenda Report CITY OF LA VERNE Public Works Department DATE: January 19, 2021 TO: Honorable Mayor and City Council ~- FROM: Daniel W. Keesey, Interim Director of Pubi;w~ SUBJECT: Revision of Miramar Agreement AGENDA SUMMARY In the early 1980's, the City began to seek out partners to construct a new water treatment plant in response to changes in water quality regulations and water demands. This ultimately led to approval of the 1984 "Miramar Agreement" between the City of La Verne, the Three Valleys Municipal Water District, and the Golden State Water Company. After nearly 35 years, much of what is contained in the 1984 Agreement is no longer valid nor reflects present operational demands. City staff, in cooperation with Three Valleys and Golden State representatives, has drafted an updated agreement for consideration. This simplified agreement supersedes the 1984 Agreement and reflects TVMWD's current operational practices while preserving the city's primary right, which is fifty percent of the water treatment plant's capacity. RECOMMENDATION Staff recommends approval of the attached resolution authorizing the Mayor to execute an agreement with the Three Valleys Municipal Water District and Golden State Water Company regarding the operation and maintenance of the Miramar Water Treatment Plant and terminating the 1984 "Agreement for Construction, Operation, and Maintenance of the Miramar Water Treatment, Water Transmission, and Hydroelectric Generating Facilities." Staff has determined that this action is not a project in accordance with Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) and City of La Verne environmental guidelines. The recommended agreement simply documents current operational and maintenance practices with respect to the Miramar Water Treatment Plant and will not, in and of itself, have a physical impact and is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. BACKGROUND In 1984, the City of La Verne entered into an agreement (City of La Verne Resolution 84-78) with the Three Valleys Municipal Water District (TVMWD) and the Golden State Water Company (GSWC - formerly Southern California Water Company) to finance, construct, and operate the Miramar Water Treatment Plant located in Claremont. This agreement provided for construction of the water treatment plant, pipelines, hydroelectric units, and TVMWD district 100 January 19, 2021, City Council Meeting Page No. 92 City Council, re: Miramar Agreement Revision January 19, 2021 Page 2 of 2 office. It further outlined the parties' ownership and capacity rights, funding participation, and repair and replacement obligations. As set forth in the agreement, all constructed facilities are owned and operated by TVMWD. For its part, La Verne was guaranteed half the capacity rights to the water treatment plant with the other half promised to GSWC. Project funding was provided through TVMWD's issuance of more than $27 million in 30 year Certificates of Participation (COPs), which also obligated the City to fund 33.6327% of the District's initial, annual debt service on the COPs. The City's annual payment obligation under the original financing was approximately $1.1 million dollars. This annual debt service was paid using revenues from the newly established (1987) Miramar Assessment that was included in customer water bills. The debt was eventually satisfied and the monthly Miramar Assessment was eliminated in 2009. However, the Miramar Development Impact Fee continues to be collected on new developments due to the fee's original structure, which is calculated from the date of the initial assessment in 1987. The basic reasoning was all properties, developed and undeveloped, benefited from the day the treatment plant became operational and thus all developments are required to pay an equitable amount based upon the requested meter size. The agreement also established the Miramar Operating Committee (MOC). The MOC's function was to advise TVMWD on policy matters pertaining to project management, construction, operation and maintenance, and act upon matters delegated to the MOC by the TVMWD Board of Directors. The MOC also prepared the annual budget and water rates for TVMWD Board consideration. The TVMWD Board and/or its General Manager maintained decision-making authority on all matters however. The MOC was disbanded around 2000. Much of what was included in the 1984 Agreement has been completed or is no longer applicable such as construction and financing. Moreover, the Agreement was drafted prior to construction of the facilities and could not contemplate all of the operational practices and other issues that were required after the facilities came on line. Efforts to update the Agreement began as early as 2000, but always succumbed to other participant priorities. Each of the participants, TVMWD, GSWC, and city staff have finally reached consensus on a revised agreement that reflects current operational practices, policies, obligations, and responsibilities. This simplified agreement excludes discussion regarding design and construction, financing, project committees, and all other non-applicable items contained in the 1984 Agreement. It does maintain TVMWD's ownership and operational authority of the constructed facilities, secures La Verne's rights to 50% of the water treatment plant capacity for the life of the treatment plant, and guarantees a single water rate throughout the TVMWD service area. It also eliminates any obligation La Verne would have under the 1984 Agreement to fund the City's share of water treatment plant repairs and equipment replacement. The proposed agreement is consistent with TVMWD's current practices and policies and provides clarity where none previously existed. The city attorney has also reviewed the agreement and finds it legally sufficient and from that perspective, supports its consideration. C:\Usersldkeesey\Documents\DWK\REPORTSIRPTCC re 2020 Miramar Agreement Revision.docx 101 January 19, 2021, City Council Meeting Page No. 93 RESOLUTION NO. 21-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAVERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE CITY OF LA VERNE, THE THREE VALLEYS MUNICPAL WATER DISTRICT, AND THE GOLDEN STATE WATER COMPANY ("THE PARTIES") REPLACING THE 1984 AGREEMENT FOR THE CONSTRUCTION, OPERATIONS, AND MAINTENANCE OF MIRAMAR WATER TREATMENT, WATER TRANSMISSION, AND HYDROLELECTRIC FACILITIES WHEREAS, the City of La Verne adopted Resolution 84-78, authorizing execution of an agreement for the construction, operation, and maintenance of Miramar water treatment, water transmission, and hydroelectric generating facilities (commonly known as the "1984 Miramar Agreement"); and WHEREAS, the 1984 Miramar Agreement contains numerous provisions that have been fully implemented, paid for, or are otherwise no longer valid; and WHEREAS, the Parties are desirous of replacing the 1984 Miramar Agreement with an updated agreement reflective of current operational requirements and practices, and that preserves the rights of the Parties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the Mayor is HEREBY AUTHORIZED to execute a 2020 Miramar Agreement with the Three Valleys Municipal Water District and the Golden State Water Company for the purpose of documenting the current operational practices, rights, and obligations of the Parties with respect to the Miramar Water Treatment Plant and related facilities and replacing the 1984 Miramar Agreement in its entirety, said agreement being in the form attached hereto and made a part by this reference. Section 2. That the Mayor shall sign and the Assistant City Clerk shall attest to the passage and adoption of this Resolution. APPROVED AND ADOPTED this 19th day of January, 2021. Mayor Tim Hepburn ATTEST: Lupe Gaeta-Estrella, Assistant City Clerk 1 Resolution No. 21-04 102 January 19, 2021, City Council Meeting Page No. 94 CERTIFICATION I hereby certify that the foregoing Resolution No. 21-04 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 19th day of January, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Lupe Gaeta Estrella, Assistant City Cler 2 Resolution No. 21-04 103 January 19, 2021, City Council Meeting Page No. 95 AGREEMENT FOR OPERATION AND MAINTENANCE OF MIRAMAR WATER TREATMENT, WATER TRANSMISSION, AND HYDROELECTRIC GENERATING FACILITIES This Agreement is by and between THREE VALLEYS MUNICIPAL WATER DISTRICT, a Municipal Water District organized and existing pursuant to Section 71000 et seq. of the California Water Code ("TVMWD" herein), the CITY OF LA VERNE, a California general law city ("LA VERNE" herein), and GOLDEN STATE WATER COMPANY (formerly known as Southern California Water Company), a California corporation ("GSWC" herein). LA VERNE and GSWC are each referred to as "Partner" and jointly referred to as "Partners" herein. TVMWD, LA VERNE, and GSWC are each referred to as "Party" and jointly referred to as "Parties" herein. RECITALS: A. On or about October 5, 1984, the Parties hereto entered into an Agreement for Construction, Operation and Maintenance of Miramar Water Treatment, Water Transmission, and Hydroelectric Generating Facilities ("Miramar Agreement") in response to the need for a FINAL DRAFT 12-21-2020 104 January 19, 2021, City Council Meeting Page No. 96 supplemental reliable, energy efficient source of treated water for present and future needs of Partners. B. On or about April 26, 1991, TVMWD and GSWC entered into an Agreement for Capital Improvement for construction, operation, and maintenance of a new 8 million-gallon (MG) Reservoir No. 2 Project ("Reservoir 2 Agreement"). C. The Parties acknowledge and agree that all original construction activities associated with the Miramar Agreement and the Reservoir 2 Agreement have been completed and that the provisions in the Miramar Agreement and the Reservoir 2 Agreement related to the responsibilities of each Party during the construction of the Miramar System and Reservoir No. 2 (as defined below) are no longer valid or in force. D. The Parties further acknowledge that TVMWD is a member agency of the Metropolitan Water District of Southern California ("MWD") and TVMWD will operate the Metropolitan Service Connections (specifically PM-21) in accordance with applicable provisions of MWD's Administrative Code. E. The Parties acknowledge the Agreement is not intended or expected to change the current practice of charging a single rate for treated water deliveries. FINAL DRAFT 12-21-2020 2 105 January 19, 2021, City Council Meeting Page No. 97 F. The Partners acknowledge and agree that they are member agencies of TVMWD and are therefore subject to all policies adopted by the TVMWD Board of Directors. G. The intent of the Agreement is to memorialize the capacity rights for the Partners at the nominal capacity of 30 cubic feet per second ("cfs") and memorialize the service area for GSWC includes service areas for both GSWC-Claremont and GSWC-San Dimas. H. This Agreement memorializes that the Partners can deliver water to their service areas that are within TVMWD's service area. I. The Parties further acknowledge and agree that the Parties have paid in full, individually and collectively, all debt that was encumbered under the Miramar Agreement and Reservoir 2 Agreement, and that there are no outstanding bonds, certificates of participation, and/or loans that remain to be paid in association with the Miramar System or Reservoir No. 2 (as defined below); and J. The Parties wish by execution of this Agreement to terminate the Miramar Agreement and the Reservoir 2 Agreement and restate the respective rights and duties of the Parties concerning the operation and maintenance of the Miramar System (as defined below). FINAL DRAFT 12-21-2020 3 106 January 19, 2021, City Council Meeting Page No. 98 COVENANTS: NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereof, the Parties hereto do agree as follows: SECTION I EFFECTIVE DATE; EFFECT; TERM. A. EFFECTIVE DA TE. This Agreement must be executed by each Party before it is binding on any Party. TVMWD shall be the last Party to execute this Agreement, which shall become effective on the date executed by TVMWD ("Effective Date"). B. EFFECT. As of the Effective Date, this Agreement shall supersede the Miramar Agreement and the Reservoir 2 Agreement, which are hereby expressly terminated by mutual consent of the Parties. In the event of any inconsistency between the provisions of this Agreement and any prior contracts between and/or among any of the Parties regarding the Miramar System or Reservoir No. 2 (as defined below), the provisions of this Agreement shall control. C. TERM. FINAL DRAFT 12-21-2020 4 107 January 19, 2021, City Council Meeting Page No. 99 Unless earlier terminated, extended, and/or amended in accordance with the provisions hereof, the term of this Agreement shall commence on the Effective Date and continue so long as the Miramar System remains in an operational capacity. ("Term"). SECTION II DEFINITIONS. A. MIRAMAR SYSTEM. The "Miramar System" means the Miramar Water Treatment, Water Transmission and Hydroelectric Generating Facilities as depicted in Exhibit A hereof and incorporated herein by this reference. Additionally, the Miramar System includes any future metered service connections, Repairs and Replacements and/or Capital Improvements. B. RESERVOIR NO. 2. "Reservoir No. 2" means the 8 MG Finished Water Reservoir constructed to address GSWC peak water demands. Reservoir No. 2 is inclusive of the Miramar System. C. PUMPBACK FACILITIES. The "Pumpback Facilities" means the facilities as depicted in Exhibit B hereof and incorporated herein by this reference. D. HYDRO UNITS. FINAL DRAFT 12-21-2020 5 108 January 19, 2021, City Council Meeting Page No. 100 The "Hydro Units" means the hydroelectric generating facilities as depicted in Exhibit C hereof and incorporated herein by this reference. E. WELLS. The "Wells" means the groundwater production wells as depicted in Exhibit D hereof and incorporated herein by this reference. F. CAPACITY. For purposes of this Agreement, "Capacity" means the right to purchase and receive a specific amount or percentage of the flow of water available through the Miramar System; provided, however, said right shall be subject to availability of water supplies. Each Partner is entitled to an equal share of capacity up to 30 cfs of combined flow. All flow above 30 cfs is delivered at the sole discretion of TVMWD. G. REPAIRS AND REPLACEMENTS. For purposes of this Agreement, "Repairs and Replacements" means those modifications to the Miramar System that are not a Capital Improvement. H. CAPITAL IMPROVEMENTS. FINAL DRAFT 12-21-2020 6 109 January 19, 2021, City Council Meeting Page No. 101 For purposes of this Agreement, "Capital Improvements" means modifications to the Miramar System that enhance or expand its operation. SECTION Ill OWNERSHIP; CAPACITY; AVAILABLE FLOW. A. OWNERSHIP. The Miramar System shall be owned, operated and maintained by TVMWD. TVMWD shall hold clear and unencumbered title in and to the Miramar System and shall have all rights to operate the Miramar System, including flows and reservoir levels, subject to the capacity rights of the Partners. B. CAPACITY. 1. The design capacity of the Miramar System is thirty (30) cfs. The Parties acknowledge that the actual capacity of the Miramar System may vary depending on many factors, including but not limited to availability of water from MWD, water quality concerns, and maintenance and repair activities. 2. LA VERNE shall be allocated a nominal capacity of up to fifteen (15) cfs of available Capacity from the Miramar System. FINAL DRAFT 12-21-2020 7 110 January 19, 2021, City Council Meeting Page No. 102 3. GSWC shall be allocated a nominal capacity of up to fifteen (15) cfs of available Capacity from the Miramar System. 4. The Capacity of each Partner must be used within the Partner's service areas. 5. Each Partner shall have the right to the use of its Capacity, provided it is not in default. 6. All water shall be withdrawn from the Pipeline at metered service connections as provided for and in the manner as set forth in this Agreement. C. SHARE OF AVAILABLE FLOW. 1. At such times when the capacity of the Miramar System is fully subscribed, Partners shall be entitled to a share of the available flow not exceeding 30 cfs of combined flow. 2. At such times when the capacity of the Miramar System is not fully subscribed, each Partner shall have the right to exceed its respective Capacity by purchase of water from the Miramar System at the then current Water Rate. FINAL DRAFT 12-21-2020 8 111 January 19, 2021, City Council Meeting Page No. 103 3. Water from the Miramar System may be sold by TVMWD to agencies other than the Partners. The water sold to other agencies is on an interruptible basis when flow is available in excess of the then-demands of the Partners, provided the Partners demands are less than a combined 30 cfs. 4. This Agreement recognizes the right of GSWC to temporarily increase flow from the Miramar System to meet the peak daily demands of GSWC's system. This right to meet peak daily demands does not supersede La Verne's 15 cfs capacity right. 5. The Partners agree that operational situations may occur that are outside the consideration of this Agreement. These situations could be, but are not limited to, emergency situations, fires, earthquakes, or other scenarios. The Partners agree to work collaboratively to achieve and maintain reliable water deliveries. D. ASSIGNMENT OF CAPACITY. Each Partner may temporarily assign part or all its Capacity up to 15 cfs to another TVMWD Member Agency. Each assignment shall receive the prior written consent by TVMWD and the other Partner. SECTION IV OPERATION AND MAINTENANCE. FINAL DRAFT 12-21-2020 9 112 January 19, 2021, City Council Meeting Page No. 104 A. TVMWD TO OPERATE AND MAINTAIN. 1. TVMWD shall manage, operate, and maintain the Miramar System. 2. TVMWD shall control all devices, meters, and valves appurtenant to the Miramar System. The costs of operation and maintenance of the Miramar System shall be borne by TVMWD. 3. Subject to the provisions of this Agreement, TVMWD shall not be impaired from exercising its rights, powers and duties as a Municipal Water District under law and as set forth in the Water Code of the State of California. 4. The Board of Directors of TVMWD shall determine all matters of policy concerning the Miramar System and TVMWD's General Manager shall be responsible for the management, operation and maintenance of the Miramar System, subject to the provisions of this Agreement and applicable law. 5. In the event of an emergency, TVMWD may, without notice, take such action as it deems necessary to prevent damage to persons or property. B. WATER RATES AND CHARGES. FINAL DRAFT 12-21-2020 10 113 January 19, 2021, City Council Meeting Page No. 105 1. TVMWD shall establish rates and charges necessary to manage, operate and maintain the Miramar System and other TVMWD operations, including Repairs and Replacements and Capital Improvements. Rates and charges shall be determined by TVMWD' s Board of Directors via resolution. 2. The Partners shall each pay the applicable rates and charges as established by TVMWD for all member agencies for water purchases. SECTION V EXTRAORDINARY PROJECT ACTIVITIES. A. REPAIRS AND REPLACEMENTS. 1. TVMWD shall administer and make all Repairs and Replacements. 2. The cost of Repairs and Replacements shall be paid by TVMWD and included in its annual budget, to be recovered through its annual rates and charges. 3. In the event of an emergency, TVMWD is authorized to cause Repairs or Replacements to be made in order to preserve the continuous operation of the Miramar System. 4. All Repairs or Replacements shall be consistent with sound engineering, construction, and operating practices. FINAL DRAFT 12-21-2020 11 114 January 19, 2021, City Council Meeting Page No. 106 B. CAPITAL IMPROVEMENTS. TVMWD, in the exercise of its sole discretion, may undertake Capital Improvements, provided that such Capital Improvements do not impact the capacity rights of the Partners. SECTION VI DEFAULT; REMEDIES. A. DEFINITION OF DEFAULT BY PARTNER. A default by a Partner shall be a failure to make any rate or charge payment required hereunder within thirty (30) days from the date such payment is due, or any failure to comply with or perform any other terms, covenants, or conditions hereof for a period of thirty (30) days after written notice thereof from TVMWD to the Partner. B. TVMWD'S REMEDIES ON DEFAULT BY PARTNER. If a Partner should fail to remedy any default with all reasonable dispatch, then TVMWD shall have the right, at is option, without any further demand or notice, to pursue any one or all of the remedies available to TVMWD under its rules and regulations. C. DEFINITION OF DEFAULT BY TVMWD. FINAL DRAFT 12-21-2020 12 115 January 19, 2021, City Council Meeting Page No. 107 1. A default by TVMWD shall be the intentional and willful failure or refusal of TVMWD to provide water from the Miramar System to any Partner, provided such failure or refusal is not due to or the r~sult of any of the following: unavailability of water from MWD; physical defects or operational failure of the Miramar System; required operation and maintenance activities; riots, wars, sabotage, civil disturbances, insurrection, explosion, natural disasters such as floods, earthquakes, wind, landslides, and fire, or labor disputes or other catastrophic events beyond the reasonable control of TVMWD; or compliance with any order or directive of a court of competent jurisdiction or of any Federal, State or local government agency exercising applicable jurisdiction over TVMWD, the operation of the Miramar System, or the quality or quantity of water produced therefrom. 2. "Default by TVMWD" does not include the exercise of any right and authority of TVMWD to terminate the Capacity of a Partner on account of default by such Partner. D. PARTNERS REMEDIES ON DEFAULT BY TVMWD. For any financially calculable losses incurred by a Partner as a result of default by TVMWD, the Partner shall submit a claim to TVMWD to be reviewed and approved by the TVMWD Board of Directors for payment. 116 January 19, 2021, City Council Meeting Page No. 108 E. ALL OTHER REMEDIES IN LAW AND EQUITY AVAILABLE. The Parties agree that the remedies set forth herein are not exclusive, and any one or all or other remedies provided by law or equity may be exercised against a defaulting Party. F. ATTORNEYS FEES AND COSTS TO PREVAILING PARTY. Should any Party commence an action to enforce the provisions of, or actions arising out of, this Agreement, then such Party that prevails in that action, proceeding, or suit shall be entitled to recover reasonable attorneys fees, costs, expert witness fees, consultant's fees and testing fees in connection therewith, including such fees for prosecuting, defending any appeal, or incurred in any supplemental proceeding, until judgment is satisfied in full. SECTION VII DISPUTE RESOLUTION. Except as specifically provided herein to the contrary, if any dispute shall arise among any of the Parties regarding the Miramar System, or otherwise arising out of or related to this Agreement, and if such dispute cannot be settled by conference among the Parties within a period of thirty (30) consecutive calendar days after such dispute arises, or within such additional time as the Parties may agree upon, in writing, then such dispute shall be submitted FINAL DRAFT 12-21-2020 14 117 January 19, 2021, City Council Meeting Page No. 109 to mediation for possible resolution prior to any Party initiating legal action in a court of competent jurisdiction under the terms of this Agreement. SECTION VIII NOTICE. A. PRESENTATION. Any notice or written approval to be given under this Agreement shall be given by personal delivery to the Parties or by addressing it as set forth below, depositing it in any United States Post Office, Registered or Certified mail, postage prepaid, and effective two days after the date of deposit. B. ADDRESS. Notice or written approval shall be addressed as follows: Three Valleys Municipal Water District 1021 E. Miramar Avenue Claremont, California 91711 City of La Verne Public Works Department City Hall 3 660 "D" Street La Verne, California 91750 Attn: Public Works Director FINAL DRAFT 12-21-2020 15 118 January 19, 2021, City Council Meeting Page No. 110 Golden State Water Company 630 East Foothill Blvd. San Dimas, California 9177 3 Attn: President C. CHANGE. Any Party may change its address for notices or written approvals by written notice to the other Parties. SECTION IX INDEMNIFICATION AND INSURANCE. A. INDEMNIFICATION. Neither TVMWD nor any of its officers, agents, or employees shall be liable for the control, carriage, handling, use, disposal, or distribution of water from the Miramar System after such water has been delivered to a Partner; nor for claim of damage of any nature whatsoever, including but not limited to property damage, personal injury or death, arising out of or connected with the control, carriage handling, use, disposal, or distribution of such water beyond the point of such delivery; and the Partner to which such water was delivered shall indemnify and hold harmless TVMWD and its officers, agents, and employees from any such damage or claims of damages, and shall reimburse TVMWD for costs of repair of the Miramar FINAL DRAFT 12-21-2020 16 119 January 19, 2021, City Council Meeting Page No. 111 System and other damages resulting from the operations of said Partner. Neither the Partners nor any of their respective officers, agents, or employees shall be liable for the control, carriage, handling, use, disposal, or distribution of water from the Miramar System prior to such water being delivered to said Partners; nor for claim of damage of any nature whatsoever, including but not limited to property damage, personal injury or death, arising out of or connected with the control, carriage, handling, use, disposal, or distribution of such water prior to its delivery to said Partners, excepting, however, claims by TVMWD for costs of repair to the Miramar System and other damages resulting from the operations of a Partner or Partners; and TVMWD shall indemnify and hold harmless the Partners and their respective officers, agents, and employees from any such damages or claims, except claims by TVMWD for costs of repair of the Miramar System and other damages resulting from the operations of a Partner or Partners. B. INSURANCE. During the Term, each Party shall procure and maintain such policies of insurance as will reasonably protect it and the other Parties from any and all exposure to loss or liability arising out of this Agreement. FINAL DRAFT 12-21-2020 17 120 January 19, 2021, City Council Meeting Page No. 112 SECTION X GENERAL PROVISIONS. A. SUCCESSORS AND ASSIGNS. 1. This Agreement shall inure to the benefit of and be binding upon each of the Parties and their successors and assigns. 2. The Parties shall not assign any of their rights or duties under this Agreement without the prior written consent of the other Parties, which consent shall not be unreasonably withheld. B. INTEGRATION AND AMENDMENT. 1. This Agreement constitutes the entire understanding of the Parties with respect to the Miramar System and supersedes any and all prior agreements, whether oral or written, between and/or among the Parties in connection therewith. 2. This Agreement may not be amended unless by written instrument duly executed by all Parties. C. INTERPRETATION AND ENFORCEMENT. FINAL DRAFT 12-21-2020 18 121 January 19, 2021, City Council Meeting Page No. 113 1. This Agreement shall be construed as if it was jointly prepared by all Parties, and any uncertainty or ambiguity contained herein shall not be interpreted against the Party drafting same. 2. This Agreement shall be enforced and governed by the laws of the State of California. Venue for any action brought to interpret or enforce any provision of this Agreement shall be a state or federal Court of competent jurisdiction situated in the County of Los Angeles, State of California. D. HEADINGS. The paragraph headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this Agreement. E. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Agreement, or the application thereof to a Party or any other person or circumstance is for any reason held invalid, it shall be deemed severable, and the validity of the remainder of the Agreement or the application of such provision to the other Parties or to any person or circumstance shall not be affected thereby. FINAL DRAFT 12-21-2020 19 122 January 19, 2021, City Council Meeting Page No. 114 F. COUNTERPARTS. This Agreement shall be executed by all parties in duplicate counterparts, each of which shall be considered an original Agreement. [Signatures on following pages] FINAL DRAFT 12-21-2020 20 123 January 19, 2021, City Council Meeting Page No. 115 IN WITNESS WHEREOF the parties hereto have executed this Agreement which is effective the date executed by TVMWD. Dated ______THREE VALLEYS MUNICIPAL WATER DISTRICT President By: ______ Secretary Approved as to form: By:. ______Attorney for TVMWD Dated ______CITY OF LA VERNE By: ______ Mayor By: ______ Assistant City Clerk Approved as to form: By: City Attorney FINAL DRAFT 12-21-2020 21 124 January 19, 2021, City Council Meeting Page No. 116 Dated ------GOLDEN STATE WATER COMPANY By: ______ Vice President of Operations By: ______ Senior Vice President and CFO FINAL DRAFT 12-21-2020 22 125 January 19, 2021, City Council Meeting Page No. 117 Exhibit A Definition of Miramar System The Miramar System begins at TVMWD service connection PM-21 and terminates at all of the service connections for the Partners. The Miramar System also includes the Pumpback System, Hydro Units, and Wells as defined is subsequent Exhibits. For each of the City of La Verne metered connections, the point of termination is the flange downstream/after the flow control valve. For the Golden State Water Company metered connections the point of termination is the flange upstream/before the flow control valve. TVMWD shall have sole responsibility for the ownership, operations, maintenance, and repair of all facilities included in the Miramar System up to these points. Exhibit B Pumpback System The Pump back System is defined as the specific facilities necessary to operate the Miramar System when utilizing only TVMWD Service connection PM-15A/B via the Pomona Walnut Roland Joint Water Line ( JWL). A separate agreement is in place for the maintenance and cost sharing to operate these facilities. Exhibt C Hydro Units Hydro Units are defined as any existing facility including future builds or upgrades. The facilities include: Builds, Turbine, Generator, Switchgear, Valves and associated Piping. TVMWD shall have sole responsibility for the ownership, operations, maintenance, and repair of all facilities included in the Hydro Units. Exhibit D Wells TVMWD currently owns and operates wells that serve as an additional local supply source to the Miramar System. All of these existing wells and any future wells are considered part of the Miramar System. TVMWD shall have sole responsibility for the ownership, maintenance, operation and repair of these wells. FINAL DRAFT 12-21-2020 23 126 January 19, 2021, City Council Meeting Page No. 118 This page left intentionally blank 127 January 19, 2021, City Council Meeting Page No. 119 Agenda Report CITY OF LA VERNE Community Development Department DATE: January 19, 2021 TO: City Council FROM: Eric Scherer, AICP, Community Development Director SUBJECT: Appeal of Case No. 96-20CUP - 3530 Damien Avenue, - A request to obtain a Conditional Use Permit to expand The Fountains Mobile Home Park's existing Recreational Vehicle parking lot. AGENDA SUMMARY The Planning Commission approved Case No. 96-20CUP at the December 9, 2020 meeting for the expansion of The Fountains Mobile Home Park's (MHP) existing Recreational Vehicle (RV) storage lot at 3530 Damien Avenue. On December 21, 2020, Matthew Foster and Diana Hauner, residents of 3428 Damien Avenue, filed an appeal of the decision which requires the Council's review. RECOMMENDATION: Staff recommends that the City Council, after conducting the public hearing, uphold the decision made by the Planning Commission to approve Case No. 96-20CUP with the adopted conditions of approval. BACKGROUND: In March of 1962, The Fountains MHP obtained a Conditional Use Permit to construct a mobile home park at 3700 Damien Avenue, formally known as 3700 Grand Avenue. The Conditional Use Permit was approved under Resolution No. 62-39 for 220 mobile home lots and featured a total of 59 parking spaces for cars. In November of 1968, the La Verne Planning Commission approved a Conditional Use Permit under Resolution No. 68-97 that allowed for the expansion of the MHP by 46 mobile home lots and a 72,326 sq. ft. lot designated for storage and utilities located at 3530 Damien Avenue. The 72,326 sq. ft. lot is currently being used as an RV storage lot and is located within the Mobile Home Park zone. According to section 18.40.160 of the La Verne Municipal Code, mobile home parks must provide a special parking area for the storage of boats, campers, travel trailers, and similar vehicles. The existing storage lot and proposed expansion is only to be accessed by residents of The Fountains, and is not available for access by the public. 128 January 19, 2021, City Council Meeting Page No. 120 CC Agenda Report Case No. 96-20CUP January 19, 2021 Page 2 The proposed project site is located at 3530 Damien Avenue and is currently occupied by The Fountains MHP RV storage lot located at the east end of the project site. The existing RV storage lot currently accommodates about 40 parking spaces. The lot is currently owned by the Metropolitan Water District (MWD), but has been leased out to 5 The Fountains MHP as of January 1 \ 2020. The lease for the lot will end on December 31, 2029. Staff contacted MWD and was told that that no permanent structures be constructed on site, they would only allow paving and minimal landscaping on site, with the exception of trees. There is also a 13 foot wide easement imposed by MWD on the west side of the property abutting Damien Avenue. The proposed parking lot will be located outside of this easement area. PROPOSAL: On September 23, 2020, the applicant Scott Bessire submitted a Conditional Use Permit to expand The Fountains MHP RV storage lot by approximately 27 additional spaces. The existing RV storage lot can hold up to 40 RV's for the mobile home park residents. Each space is 12 feet wide by 42 feet long. The expansion would occur on the west side of the site abutting Damien Avenue. In addition to the expansion of the site, the project site is surrounded by a 6 foot block wall on three sides. The portion of the site facing Damien Avenue would feature a new chain link fence which would also feature landscape screening to add privacy. The applicant has indicated that they will be planting drought resistant succulents, as well as Bougainvillea vines on the chain link fence itself. A landscape plan shall be submitted by the applicants prior to any improvements being made as a condition of approval. At the northwest section of the site, there will be a 125 feet by 33 feet driveway entrance that will also feature a chain link swing gate. The Fountains MHP have also come to an agreement with the residents at 3444 Damien Avenue to allow them access to the northwest side of the RV storage lot. The agreement would allow the residents to enter through an 11 foot wide swing gate. The entire site, with the exclusion of the driveway entrance, will be paved by 3 inch crushed rock. The driveway entrance will be covered by asphalt. COMPATIBILITY WITH SURROUNDING USES: Surrounding land uses include: North: Mobile Home Park MHP South: Low Density Residential (PR8A) East: Mobile Home Park MHP, Metropolitan Water District (MWD) West: Low Density Residential (PR4.5D) Staff sent a public hearing notice to all property owners within 300 feet of the project site on November 25, 2020 and the notice was published on the Daily Bulletin on November 30, 2020. To date, staff has received five comments regarding the proposal. These submitted comments were provided to the Planning Commission before their December 129 January 19, 2021, City Council Meeting Page No. 121 CC Agenda Report Case No. 96-20CUP January 19, 2021 Page 3 9, 2020 meeting on this project. During the meeting, the appellant, Matthew Foster and Diana Hauner, also spoke over the phone to voice their concerns. After further discussion between the Planning Commission, staff, and the applicant, the Planning Commission voted 4-0 (Chairperson Simison was absent) to approve the request with the proposed findings and conditions included in Resolution No. 1267. ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act under Section 15061 (b) (3). No further environmental review is required. APPEAL: On December 21, 2020, staff received a request from Matthew Foster and Diana Hauner, residents of 3428 Damien Ave., to appeal the decision made by the Planning Commission to approve Case No. 96-20CUP. Although Mr. Foster and Mrs. Hauner have stated that they are not opposed to the expansion of the storage lot, they do have various concerns about the project they would like addressed. These concerns are outlined in the appeal letter (attachment G). Staff believes that their concerns can be adequately addressed in the proposed conditions of approval for the project and thus recommend that the City Council deny the appeal, upholding the Planning Commission's approval of Case No. 96-20CUP. Attachments: A Draft Resolution No. 1267 B. Project Site Aerial C. Site Plan D. Metropolitan Water District Lease E. Standard Conditions of Approval F. Public Comments from Residents G. Appeal Letter 130 January 19, 2021, City Council Meeting Page No. 122 RESOLUTION NO. 1267 2 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA VERNE, 4 COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CASE NO. 96- 5 20CUP, A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION OF THE 6 CURRENT RV STORAGE LOT AT 3530 DAMIEN AVE., AND AFFIRMING THAT THE 7 PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 8 9 WHEREAS, on September 23, 2020, Scott Bessire, representing The Fountains 10 Mobile Home Park, submitted an application for a Conditional Use Permit to allow for the 11 expansion of the existing RV storage lot, located at 3530 Damien .A:y!?nue (APN 8391-002- 12 904); and 13 14 WHEREAS, Chapter 18.80 of the La Verne Municipal+toder~quires a conditional use 15 permit for this type of use; and 16 17 WHEREAS, Section 18.108.010 through 18.108.180 of the La Verne Municipal Code 18 authorizes the Planning Commission to considerSuch requestssubject to certainfi11dings; and 19 20 WHEREAS, the project was determined to be exempt under Section 15061 (b) (3) of 21 the California Environmental Quality Act (CEQA) and the La Verne Environmental 22 Guidelines; and 23 24 WHEREAS, a notice of public hearing was published in the Inland Valley Daily 25 Bulletin on November 30, 2020 and copies of the notice mailed to all property owners within 26 300 feet of the subject property onNovember25, 2020; and 27 28 WHEREAS, the Planning Commission conducted a duly noticed public hearing on 29 December 9, 2020, takig,goral andwritten testimony; 30 31 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of 32 La Verne: 33 34 Section 1. Environmental D~termination. The Planning Commission HEREBY 35 FINDS ang I)ETERMINESthat Case No. 96-20CUP, an application for a Conditional Use 36 Permit to allow for the expansion of the existing RV storage lot at The Fountains Mobile 37 Home Park, is exempt 150§l(b) (3) under the provisions of the California Environmental 38 Quality Act and the ta Verne Environmental Guidelines, and no further environmental review 39 1s necessary. 40 41 Section 2. Findings. The Planning Commission HEREBY FINDS and 42 DETERMINES that the proposed Conditional Use Permit satisfies the findings of Section 43 18.108.030 of the La Verne Municipal Code in that: 44 45 1. The proposed use and development are each consistent with the general plan and the 46 Mobile Home Park zone. 47 Resolution No. 1267 Page 1 131 ATTACHMENT A January 19, 2021, City Council Meeting Page No. 123 FACT: The proposed project is designated Medium Density Residential by the 2 La Verne General Plan and is located within the Mobile Home Park zone. 3 4 2. The site for the proposed use is adequate in size, shape, topography, accessibility, and 5 other physical characteristic to accommodate the proposed use and development in a 6 manner compatible with existing and proposed surrounding land uses. 7 8 FACT: The site is fully developed and is adequate to accommodate the proposed 9 use. The proposal is compatible with surrounding land uses. 10 11 3. The development site has adequate access to those utilities an;~ other services required 12 for the proposed use. 13 14 FACT: The site presently has adequate access to all utilities, and no additional 15 utilities or services are required in connection with the prtject. 16 17 4. The proposed use will be arranged, designed,constructed, operated and maintained so 18 as to be compatible with the character of the area as intended by the general plan. 19 20 FACT: The proposed use is compatible with existing uses within Mobile Home 21 Park zone, and with those in tli.e nearby surrounding areas. The use and all 22 associated equipment and materi!,lswill be conducted and kept within the 23 enclosed building. 24 25 5. Potential adverse effects upon the surrou~ding pfoperties will be minimized to the 26 extent practical andruif remaining advers~ effects are justified by the benefits 27 conferred upon the neighborhood or community as a whole. 28 29 FACT: It is not expected that there would be any adverse effects on the 30 surrounding area .... Any potential impacts will be mitigated by conditions of 31 approval. 32 33 Section 3. Approval. In accordance with the provisions of the La Verne Municipal 34 Code, the Planning Commission HEREBY APPROVES Case No. 96-20CUP and the 35 accompanying environmental determination subject to the following conditions of approval: 36 37 1. The applicant shall not place any permanent structures or trees within the easement 38 imposed by the Metropolitan Water District (MWD). 39 40 2. The applicant shall post a sign restricting the hours of access to the site between the 41 hours of 7am-8pm. 42 43 3. Paving plans shall be submitted and approved by the City Engineer prior to 44 construction. 45 46 4. A detailed landscape plan shall be submitted to the Community Development 47 Department prior to any improvements being made. 48 Resolution No. 1267 Page2 132 January 19, 2021, City Council Meeting Page No. 124 5. The proposed gates shall be in conformance with section 15.32.050 of the La Verne 2 Municipal Code and to the satisfaction of the Fire Department. 3 4 6. There shall be no parking within 25 feet of the property line. 5 6 7. The applicant shall be responsible to ensure that noise from this use does not become a 7 nmsance. 8 9 8. The premises shall be kept clean and in an orderly manner at all times. 10 11 9. The applicant shall be responsible to correct any nuisance i~pacts. Failure to correct 12 any nuisance upon notice by the City shall be cause for revocation of this permit. 13 14 10. Loitering or any illegal activity shall be reported to the polic~ immediately. 15 16 11. The applicant or subsequent owner of the mobile home park shall'~orµply with the 17 conditions contained in this resolution and the standard list of conditions for Case No. 18 96-20CUP. The applicant is allowed to withdraw the conditional use pel'D}:,it if they so 19 desire. 20 21 12. This conditional use permit approval shall not take effect for any purpose until the 22 applicant has filed with the CityofLa Verne an affidavit acknowledging and agreeing 23 to comply with all conditions ofapprovaL 24 25 13. This permit shall be conditional upon the privilege being utilized within one year after 26 the effective date of the approval. Discontinuance of the approved use for six 27 consecutive months or more shall constitute an abandonment of the permit. 28 29 14. Violation of any conditions' of this approval shall be grounds for revocation. 30 31 15. The applicant shall be responsible for any of the City's legal fees should these 32 conditions of approval be violated and the City is forced to pursue compliance. 33 34 Section 4. Signatdre. The Chairman shall sign and the Secretary shall attest to the 35 adoption ofResolution No. 1267. 36 37 APPROVED AND ADOPTED this ninth day of December, 2020, by the Planning 38 Commission at La Verne, California. 39 40 41 42 Chairman, Planning Commission 43 ATTEST: 44 45 46 Secretary, Planning Commission Resolution No. 1267 Page 3 133 January 19, 2021, City Council Meeting Project Site Aerial Page No. 125 )> ~ )> 0 s:I mz -; CD 1" = 147 ft 3530 Damien Ave 12/02/2020 This map may rmresents a visual display of related geographic information. Data provided here on is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the responsible sta · for most up-to-date information. • 134 f I January 19, 2021, City Council Meeting Page No. 126 ';,,n(Jll'1'01. '•ff'l'J'·Pd'" · .... , .. ,:- " '"'·'1,f ' 9,,,,,, ,,,,,:,S',• Pro j~Gt Site .,,,,. ·;9 ,w!.1l" J, ,,.,.,1, _j,,•f'•" 9 b •• .._,,11 f.,,,<1AHf'/,' q ------www.mtarch1tect.net VICINITY MAP THIS DRAWING IS AN INSTRUMENT Of SERVICE ANDIS THE SOLE PROPERn'OF L MICHAELLANCY ARCHITECT, ANY USE OF 1 ;2' S!DEl"'IAL.K f!ASEMENi THIS DRAWING WITHOUT WRlTTEN CONSENT BY 10.2_·-1· 124'- 10· 4•f- 11· ;)5'-0" LMICHAELLANCY --~··_'[_ -- /- ,( / /--- 5'S1Df1"'1AL1<-.... ~ /,,_ 1oeauALSPAC.ES• 12'-b'i!a .feciu-ALsPAc.es·•i:r-6{~------;,1 ARCHITECT IS PROHIBITED 4b'-=-1_0 -/---/ EXJSTIN6 Ii BLOC.I< i"IAU. 42 • '42 FT PARKIN6STALLS 6. 3b FT PAR 1 'I· 26 FT PA"-KlNG STAU.S 1-25FTPARKtN6STALLS Ill / ~ •. -- EX1STIN6f:/BLOC.Kl''LZ..U. z A; \ )> Ill i < \. / -- EX1STIN65·6"Y1ALKTHR0UGH6ATE n L.OC.AT ON OF EXISTING C.HAIN =1 NEl"I O!AIN \}II!~ FENC.E e SETBAGK L1M1T < LINK FEt.C.E TO BE REMOVED • )> ~~~--- () -a:=. __ _ <:), I I ------~---:~Prope~--"' --~, -.--"t ------EX1STIN6MHC.0VER / ·. ---, --- ,e.oo· j (VE"-IF'l'INFEILDJ - ,, '-- ex1sT1N66'BLOG,C::/'lALL t'li5 I s: ~~ ~' ~L_:::_ ---",,. -"s- m Property Line 242.00" o·parkingOJmper~ (t\J)ltallproperty z line ~ta11,; NOTE l'"AVEMfNT FOR ENTIR.f Sl"fE SHAU. BE MINIMUM 2 ASPHAL. TIG -I PAVEMENT OVf.R 4"GRUSHED ROGKBASE () ~ite Plan ~20----:-0· - A-O.o 135 January 19, 2021, City Council Meeting Page No. 127 ( THE METROPOLITAN WATER DtSTRiCT OF SOUTHERN CALIFORNIA R.L. 4lS9 Foothill Feeder/La Verne Pipeline MWD ParcelNos.1604-10-l and 1604-10-5 MWD Station °N.Q. 68.+00 through 76+00 . W~O L~ Verne Team APNNos. 8391-002-904 and 8391-001-905 April 14, 2020 Mr. Alex Se:g~ 320 N. Park Vista Street Anaheim, CA 92806 DearMr. Segal: Transmittal of Executed License R.L 4159 Transmitted for your records is an original copy of License R.L. 4159, toFountzjnsLa Verne MHP A$sociates LP. for2.25 acres of Metropolitan Water District's fee property for visitor parking, landscaping, open space, and recreational vehicle parking jJt11poses. · Should you .have any q1Jestions regarding this matter; please contact me a:t (213) 217-6671 or by email at aen:[email protected]. · Respectfully, '"'~, ,/ / /< ~ t·:W4k:o Y~·(/' Alfredo Endquez: , 1 Reai Estate Represtln'tative. Property Management T~arn. AE:Jmw Enclosures 700 N. Alameda Street, Los Angeles, Califomia90012 • MailirigAddress: Boi54153, Los An~eles, Ca1ifomia900S4-0.15~ .. Telephone {~13) 217-6000 136 ATTACHMENT D January 19, 2021, City Council Meeting Page No. 128 LICENSE R.L. 4159 FoothilfFeeder/LaVerne Pipeline MWD Parcel Nos, 1604-I0-1 and -5 AP'.Ns 8391 .. 002~904 and 8391-00I-905 Stati<;m Nos .. 68+00 to 76+00 WSO La Verne Team :Permission is hereby granted to FOUNTAINS LA VERNEMHP ASSOCIATES 1 L.P. (Licensee) to enter upon specified portions of real property {Property} ownecf by THE METRQPOLIT AN WATER DISTRICT OF SOUTHERN CALIFORNIA (Licensor), designated as MWD ParcelNos.1604-10-l arid 1604-10-5. Said PrCJpertyis shown on Exhibit ''B" attached qereto and incorponited herein byrefereiice, PYR.POSE The purpose of this Lfoense is to allow the encroacltrneilt of portions of seven mobile home pads, landscaping, visito:r parking, and recreational vehicle parking on Metropolitani s fee-owned property, .consisting of2.25 a:c:res, as shown on Exhibit "B'! attached hereto and incorporated herein by t:eference. Licensee.shall have the right to use the property located at 353 0 Damien Avenue, west of the Wey.mouth 'I'reatment Plant; between Foothill Boulevard and Gladstone Street, in the City of La Verne, for mobile horne related purposes. Licensee's use of Property shall comply witballapplicable laws, ordinances and regulations. TERMS This License is issued subject to the followingtenns and c.onditions: 1. .IERM. Subject to the provision in Paragraph 4, the term of this License shall for a period often (10) years, begh;wing onJanuaryJ; 2020, and ending December Jl, 2029. a. OPTION TO EXTEND. If there is no current or historic default in the conditions of this License by Licensee beyond any applicable i:iotice a,nd cure period, Licensee shall have the,optiontorenewthis License for one {5-year option). Licens~e ·shall notify Licensor of Licensee's election to extend the.License Tenn together with Licensee ren1ittingthe.adjusted annual License .Fee payment (perParagraph 2 herein) to Licensor within the thirty (30)dayperiod before the expiration date ofthe then current License Tenn. Such extenSion shall be deemed provided, and the License. tenn shall be extended for one (5-year option), upon Licensor;s receiptof such notice and such payment at Licensor's address on the signat1.1re. pa.ge ofthis License. The Exten.sion Period shall besubjectto all of the provisions of this Licen,se, including butnotlimited to, the provisions of Paragraph 4 herein, and shall be further subjectto the adjustment of the annual License Fee for such Extension Periodper Paragraph2 herein. 137 January 19, 2021, City Council Meeting Page No. 129 ti.c'erise. R.L. 41.59 -2- .2. FEB.. The fee for the.issuance of this.License shall he shall be a one~time: processing fee of$6,50.0 and--a. ·licens~ ."fee· of $91.5. per month, payabl~ -monthly, fo~ the first year oftbe License Tem1,.p.ayable in advance by Liceilseeto__ Licensor~ The fe~ sball be.~djust~d by three percent-(3%) each.year, to be j_ncreased 0J1 November· 1·,ofeach year: Lessot spall have¢.~ option· to reappraise the. rent every five years; A.ppJicatio~ ·Fe~ $500 Processing F~e $4,000 Board Letter ·Fee $1>500 A¢ninistnition Fee $500 total $6,500 The- annual-Lic"~nse Fee,. during-each $~cc_eedin,g one (l) year ofthe·License:Term" .and -each year of the option period, if extend.ed at Licepsee 's d1scretion, shall b~ .increased by · three percent (3 %) each year 811d the beginni~g of each Extension Period, and· suc}:i ·ai:uiual. License ·Fee shall· be payable ·by Licensee_ to Lic~,isor within the thirty (3 0) day·period before' the· e,qjiration -date of the then current License Tenn. · · · 3. USE. Subject t9 th¢ Lice·nsor'$ -~o_ven~ts· and obligations. set forth in. this Paragraph 3. and elsewhete in this License~. Lfo·ensee'-s use of Property shall .at all time~ be subject ·to Licensor's par~oµnt right' to use the Property 'for purposes for·which ·fr .was acquired . .Licensor-shall not·be responsible or liable to" Licensee.for.any damages toLicen~ee's-equipment, i.rrtprovem<=nt.s, vehicl~s,. inventory~ g_oodsf products, and ··other. pers·onal property located on the Property (collectively~ "Licensee's·_Personal Pr~perty'') caused by Licensor,s maintenance.; repair, or-construction ofLicensot·s FaciHties, includipg-:a,ny u~e· of the Prop~rty.for lay down or staging requir~ for-any necessary maintenance or-repairs,· except to·the extent·cau~d by ·.or arising- from. the n~g1igertce, wfllful misco·nduct or breach of this License ~y Licensor -or any ·of its-employees, ·agents, contractots, representatives ~rinvites. Sµbj:ect to th~. Licensor's coyenants, ~nd ob.ligations se.t forth in this Paragraph 3 and elsewhere "in this .License, a.11y expenditure for restoration and repa~r$· to pcensee,s.Personal Property shall be the sole" respo~ibility of Licensee. However, -at alitimes during the License Tenn, Licepsor -shall make all coiniliercially reasoriab1.e ~ffqrts-tQ minimiz~·theinterforence·with Licensee's use _of the Property~ 4. TERMINATION~ This.License.may.b.e terminated at-any·time by Licen~oi'or Licensee upon 365 days:, prior "written notice. No·tice is to ·be ·deemed given. upon the· mailing: thereof, posuige prepaid, to the recipient at the addressiierein beiow set. forth. Violation ofany term~ covenant, cc;mdjtio~ 9t proyis~oil~.. contained. herein.shall be c~use for tenninatioh of the License :by· either party;. w1Jess.·· corrected within ten (l 0) days &fter Licensor's or Licensee's Wtittcm requestto do so. · 138 January 19, 2021, City Council Meeting Page No. 130 License R.L. 4159 5. LO Ab LiMITS. If Licensee plans to use any equipment or engage in any activity on Property which will impose loads greater than MSHTO H,20, Licensee shall su,bmit the. specifications of such eqµip.mertt for review and written approval by Licensor ten (10) working days prior to its use. 6. IMPROVEMENTS, No improvements shall be c:onstructed and/or maintained on Property witl;lout Licensor's prior w.ritten consent. Licensee shall not change the exi~ting gi;ade or otherwise modify the topography .ofProperly -affected by this License without prior writter1 consent of Licensor. 1.. REMOVAL OF IMPROVEMENTS. All structures and/or other improvements placed on Property by Licensee shall be the persohal property of Licensee and shall be removed by Licensee from Property by the last day ofthe License; provided, further, Licensor niay keep, or dispose of at Licensee's expense, any teal ot petsmii:tl property ~ot so removed. 8. VACATING THE PROPERTY. At the expiration of theterm, ot any sooner tenninati_on o.f this License, Licensee shall quit and ~utrender possession of Property and its appurtenances to Licensor in as good order and condition as Property was delivered to Licensee, reasonable wear and tear, arid damage by the elements excepted. 9; MAINTENANCE. As applicable; Licensee shall, afits sole cost and' expense, keep Property free of noxious W 10. HAZARDOUS SUBSTANCE, Forpurposesofthis License~ the term 11Hai:atdous Sribstance11 means: (a) ,any substance, product; waste, or other rnateri.al of~y nature whatsoever which is or beco_mes li~ted, regulated.or addressed pursuant to the Comprehensive E1wirorimental Response; Compensation and Liability Act (CEI{CLA)~ 42 United States Code Section 9601, et seq.; the Resources Conservation and Recovery Act~ 42 United States Code Section 6901, et seq.; the Hazardous Materials Transportation Authorization Act, 49 United States Code Section 5101, et seq.; the Clean Water Act, 33 United States Code Section 1251, et seq.; the Toxfo Substances Control Act, 15 United States Code Sectipn 2601, el seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100, et seq.~ the California Hazardous Substance Account Act; Health and Safety Code Section 25330.2, et seq.; the California Safe Drinking Wateraµd ToxkEnforcement Act, Health and Safety Code. Section 252495, et seq.; CalifomiaHealth and Safety Code Section 2528(), et seq. (Underground Storage -of Hazardous Substances); the California Hazardous Waste M~agementAqt, Health and Safety Code Sectipn 25170, et seq.; California Health and Safety Code Section 25501, et$eq. (Hazardous Materials Release Response Plans and Inventory); or the California.Porter Cologne Water Qualify Control Act, Water Code Section 13000, et seq., all as amended; or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standard.s of conquct co11cerning aQY Hazardous Substance, now or at any time hereafterin effect; (b) any substance, product, waste or other material ofany nature whatsoever which m.ay give rise to liability under any ofthe above statutes or under any statutory or common. law theory based on negUgenc~~ trespass, intentional. tort, 139 January 19, 2021, City Council Meeting Page No. 131 License R.L.' . . 4159. -4- nuisance. or·strict HabiHty or uqder any reported decisions ofa state or federalcouit;{c) petr~l~wn or crude ·on 0th.er than petroleum and petroletun· prpducts ~hich .are contained· within regularly operated motor ~ehicles;. ~d (d) ~best.as. a,. L~ce.µsor nl.akes no warranty or representation whatsoever C.Qncerning .Property, including·the e~isten~e .of any Hazardous Substances in ot about Property aocl th~~-- I,1.roperty an~ improvements ·.thereon, and ·withovt 1_imit~tiqn, .the condition, fitness or .utility for- any purpo.s~· thereof,.any improvements thereto or p¢rsorutl property located thereon, or compliance 'thereof~itb ·appJicable· 1a.ws, -ordinances or governmental regul~:tiqils; ancl the_Licensee's right to use Property.is·s~c~y 11as is/1 with.all faults. Licensee warrants that any ptopo_sed ·use under the current br prior a:gteeinents shall.not ·yi<;,late.·any applicable Federal, State oi""local statute&, ordirµmces,.regulations, rules or other .requirem~ts, and piat there. i~,not presently ·pending any procee~ng before ~y Federal,.Stat~-orlocalttib~al or. :agency, the.o.utcome o:fwhich would diminish-or · preclude License~'s·use of Property as perniitt~d _by this Liceil$.¢. Licensor hereby. disclaims :a1i other warrM.ti¢s whatsoever,. express ot ·implied; the. conclitjon of'the .soil (or water),. geology, and any· warranty of merchant~bility or ,habitability·or fi1oe$S for a · parl:icµ.lar _purpose. . . . b. Exceptas·otherwise permittedJn this License; Licensee shall not us.e, create, store. or allow any Hazardous Substanc·es on the premises. Fuel and other · Hazardous-Substances .stor.ed in uno.tot vehicie for the.exclusiv~· operation-of such vehicle and. storage. batteries used for emergency power.are excepted. c. .In ·no case sh~l Licen~ee caµse. -or· allow the deposit or di~posal of 8.I)y such Hazardous Substan.ces· on Propertt · .d~- No underground stor~ge·tariks shalfbe .installed. e. Licensor·or its officers, employee_s; contractors or agents· shall at all times .have the right to_go tiponapd insp~t-Property,and the operations conducted.thereon to ass·~e c9mpliance with the requirements' her~in .stat~d. this- in$pection may.include ta.Iang samples fo:r ch~mical analysis .Qf substances and m~t~ri~ds p.r;~se~l artd/or testing soils on PrQperty and talcing photographs. f Li~e11see shall., within-.reasonable time~ either prioi'to- th~ rel_etJse oy Licen~ee or following the discovery··by'Licensee .of:the. pre~nce o(.or believed. pr~sence .of,.' a Hazardo.~ Substance as defined herein; givtnJ.iritt~n notice to Lic~nsor ih tb.e event that Licensee. knows or has rea$onable caus~ to believe that any release· of a H~q01.~.~ .Substance ha.s. come or will-co.me to be locatecf. on ot bene_ath .the .subject Property. The failure to·disclt>~<;: in a),imely.manner the reiease of either a tnat¢rial amoUn{of . Hazardous -s:ubstance ot an anmtint whi~h is required -to be reported to :a state or local ag_ericy pursuant to law (e.g;, Califomia's H.azarqou·s _Materiajs·$torage· ~d Emergency Response Act, Health @d Safety Co4e Section 2S550 et.seq.) may·~l;,ject Ljc¢nsee t.o a. default. under this License in addition to ·actuEJ.1 -d~_ages and· .other remedies provided by 140 January 19, 2021, City Council Meeting Page No. 132 License R.L. 4j 59 -5 .. law. Licens·ee sh~l.inµnediijtely cl~an'."up and. completely remove all HazJ~rdous Subst.ances ·placed .by Licensee <>.Ii. Prop·er:ty~ in a manner that .i$ in all respects ;safe -and in accordaqce with all appli~~pJe laws. . g~ Licensee shall disclose to Licenspr_Lic¢n.s~~s.dh,pos~ of any Hazardous Substances placed 011.Propertyby Licensee·and.provide writte~ documenratipn pfits·.~afe and]ega1 disposal. · h. Bre_ach bf any of these· covenants, terms. and conditions shallgive. Licensor the· authority to immediately terminate thi~ License and/or to shutdown Licensee1s op~ra.ti·ons thereon, pending rectification of the breach, in which :case, License~ will continue· .to· be liable under th~s ~ic~nse fo::cfoan up all Hazardous -Substances placed by Lfoens~e· on Property~ Licens·ee shall be· resportsi~Je fo_r and b.~ .the entire cost of ·removal ·:~d disposal of Haiardol,ls Substances introduced to Property by Li~ei;isee dµring Lic~nsee.'s period of use and p9ss¢ss~oµ of Prop~rty .during-the tenn -of this License or any prior agreements. Licensor Jnay pass. through to Lic·ensee any and all ~lean,.up .. costs incurred by Licensor ~s. a result of Licensee's activities on Property. Notwithstanding the for~going, Licensee... sha11 be responsiple fotanydeanup·or-decontaminationon or oft Property· necessitated. by the presence of such Hazard9~s Substan~es.placed on .. Property by'Licens'ee; Upon ~ennipatfon 9fthis License,. Licensee is.required, in accord~ce with ·all laws, to remove from Ptop¢rty' any·~quipme;.it or improvements placed on -Property by Lic.ense.e that coµld,"·be contaminated by Hazardous. SubsWt¢e.·~. i. .Licens.ee shall defend, inde~fy ap.d hold Lic~nsor and..its officers; employees, contract~rs or age.Q.ts harmless·-from: any ciaims,. liablli,ty, .mjury,: damage,. costs, or expenses.(including, without Jimitatfon,._the cost of attorney's fees) ·arisi~g. as-:a> -resu.lt ofthe presence or -use ofany Hazard.Qus Substances ca11sed. to be plaqed by-.-the Licensee· on Property during the tenn of'this License and 'fue·tetm·of any pifor · agreements .. The foregoing indemnify is i,nten.cl~d to operate. as an agreement pur_suant to Section l 07, subdhrision (e) of CERCLA, 42 Uniteq Stat~s Code:Section 9607,. su1:,division:(e), 'aP.4 to ·catifomialiea1th and Safety Code Sectjo.i 25J64,. to ins:ure, pmtect,. hold harmle~s and· indemnify Lic¢nsor.:ftom any.liability created by·the Licensee pUrsqant ·to such sections. I HAVE· READ AND UNDERSTAND PARAGRAPH t.0,.HA~AROOUS SUBSTANCE. 11' Licelis~e' ~ Initia•s 11.. ACCESS. Licensee·shaJI .provide'.~ 141 January 19, 2021, City Council Meeting Page No. 133 License RL. 415 9 -6- .12. ENTRY BY OWNER. Licensee-shall permit Licensor to enter tipo~ Property at any reasonable- time for the i~spection thereof; .. or at any tim·e in connection with any work which may be reqJJired thereon, and -Licens·or shall not be liable fot -~y dam.age to Li.c,ensee'~ perso~l property fu the·cours_e th~reof. .13_. PREVIOUS AGREEMENTS. In the event there is any existing Lic~ris~ betweE;n Licensee· and tfoensot(or its predecessor-in·-inte);'.est):-covering Pi:operty, "it is· agreed.and _understood that ihis License.shall cancel and-terminate saicl prior License as.ofthe-effective ·date of this .Licen~e~ 14: ASSIGNMENT-OR SUBLETTING. Lfoeri'see· shall nc;>t a~sign this License~ nor sublet" Property, ~thout the prior written _consent.of Licensor, and a consent to one assignmeni shall not-be deemed. to. be a consent to a:ny subsequent -~sigrunent or·subletting. Any·_assignment or $.1.ibletting wit,h9ut:. such consent shall be. void and shall,, at-the option ofLicensor, te¢ii_nate this· License. 15. TAXES. The .posse$sory property interest created-hythis Lice.tis~ may be s_ubje-ct to property taxation, -and Lic~see may be subj~ct to the payment of-property mes levied on such.interest by the County. Licensee is required to··pay'any such t~_directly to the County. 16; 1v.lECHANICS' LIENS. Licensee shall keep Property free from any liens arising out of any-work ·performed, material furnished,. or ·obligations incurred by Licens~e, or any tenant or subtenant thereof .l 7. WAIVER The waiver by Licensor or Licensee of any ~t:each ·of arty tenn, covenant, condition or provision, ·herejnafter referred to. as T.enns, contained -herein shall not be. deemed to be a waiver of.such Terins o'f any subseqli~nt b{ea~h ofth~ same or. any .other Terms cont.ai:Qed her~in. The subsequent acceptance.of rent by Licensot':shallnot be-dee_med to be~ waiver of-any prece.dmg·breach by Lice11see ofany Tenns.-of this License~- other than the failure ,of Licensee to pay the particu).ar rental so =~cc¢pted~ regardl~ss, oftic~nsor.'s knowledge ·of such. preceding- breach at th~ time ofacceptance of..such rent. 18. ATTORNEYS·' FEES. The· prevailing party- in any ~tion. brought by either party hereto ·.b~~d.on auy-c.laim arising ·under .this.Licens·e shall be entitled to reasonable att9rneys' . an:d/or consultant's· fees~ 19. LIABILITY INSURANCE .. 1.ic_ens·ee_has furnished insurance· coverage. ·evidenced by the Cettificate(s) :o.f lhswance-attachi4 hereto as Exhibit "C."·· A.review of the insurance- c.overage wilr be·made every year in order to· adjust th~ c.oveiage··to. be c~mmensurate with:the appropriate. insurcµ1c_e coverage existing for similar type· leaseholds at the time of review. :Failure to·mairttain a current Certificate of Insurao.ce: and endorsements on file with. Licensor evidencing such insurance ·:shall be .cause. for termination. Insurance coverage shall remain in effectthroi:ighout the te~ of.l~ase and tbroµghout any .r~newals. 142 January 19, 2021, City Council Meeting Page No. 134 Licen.se R.L. 4159 -9- Date Executed: :fr'~-?t(/ ·Licensor's M~lingAddress:. THE METROPOLITAN WATER DISTRICT Post.Offioe Box 54153 OF SOUTHERN CALIFORNIA . Los Angeles, CA 90054-01.53 Attention: Real Property Group reffrey Kightlinger Telephone: (213) 2 l 7'-7750 General Manager :E-Mail: RealEstateServices:@mwdb2o.com Li.censor DateExecuted: <~Q Licensee's Mailing.Address: FOUNTAINS LA VERNE MHP 320 N. Park Vista Street ASSOCIATES, L.P., a California Anaheim, CA 92806 Limited Partnership Telephone: (909) S94-050J FOUNTAINS LA VERNE UPPER.TIER ASSOCIATES, LLC, a California Limited Liability Company Its: General Partner (11:f'.11 By: __'_· /...... ,....-'----~----'--- Lee M. Kort, Manager Licensee AE:Ihm s:\Land Management Unit\RL4 J S9 .,..Liccnsc:docx 143 January 19, 2021, City Council Meeting Page No. 135 EXHIBITB Map of Property 144 January 19, 2021, City Council Meeting Page No. 136 LA VERNE PIPELINE THIS E.iol1ilrr IS Tei SE USED FOR APPROXIMATE POSITIONING ONLY, IT JS NOT TO BE US!a:O, NOR IS IT INTENDED TO"BE USliD FOR Lease ENGINEERl NG,' RECOIIDING.O.R LITIGI\TrO.N .PURPOSES. NO W~R/WTY OF ACC.UAACV IS RL 4159 Feet Ml'Llf;O OR GUA!tANTESD, ci 50- 100. 200. · MWD to The. Fountains The Metropolitan Water District o{Sotithern Ga/ifomia · MiNp ROWS: 1604-10-1; 1604-10-5 ttigfneering SaNica~ Group .APNs: 8391-001-905; 8391-002_-904 145 January 19, 2021, City Council Meeting Page No. 137 EXHIBITC Certificate of In~urapc:e 146 January 19, 2021, City Council Meeting Page No. 138 ACORD• CERTIFICATE OF LIABILITY INSURANCE DATE (MWODIY'iVYJ ~ I 9/23/i019 THiS CERTIFICATE IS !SSJJEO .AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGijTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE Does NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND 0~ ALTER THE coveRAGE AFFORDED av THE POLICIES BELOW. THIS. CERTIFiCATE OF !NSURAN~E. D~ES NOT CONSTITUTE A CONTRACT BETWEE~ THE JSSUJNG lf'JSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER; · IMF,"ORTANT: If th. certific11t1a1 holder ls.an ADDffiONAL INSURED; th.~ poll~y(les) must ha.Ye ADDITIONAL. INSURED provisions .or be endorsed. If SUBROGATION IS WAIVED, subJ~t to the terms end .condflloris of the pollcy, certain. policies niay require·an endorsement. ·A statement on this cel11flcate.does not confer rights to. the cert[fjeate holder In lleu of.such endorsemerit(s). · · PRODUCER ~ACT Melinda Madrlaa1· Brown & Brown Insurance Qf AZ, Jnc 2800 N. Ceritraf Ave., #1.100 .r!l~ ... c~,. 602-494-6745 Ir~ u-,. P.O. Box 2800 !~~u. mniadrlaal@bbohoen!x.com. Phoenix AZ. 85004 llf$U~ISl'Al'F0RD1NG COVERAGE NAIC# ·1NsUAtRA: Axis Suro!Us Insurance Comoanv 3n10 S/ERCOR.01 INSURED msuREJ{B: Pacific Cornnensatlon Insurance ·comcanv 11555 SJerrl:I Corporate Management Inc. Anaheim.Associates, L.P. INSURER c: Axis lnsuranee comoanv 37273 320 N. Park Vista IHSliReR D: North River Insurance Comoanv· 21105 Ariahelm CA 92806 1Ns1JRER: E, Travelers Casualtv & .Suretv Comoanv ofAmenca. '3.1194 INSURl!RF: COVERAGES CERTIFICATE NUMBER: 2017656576 REVISION NUMBER·. il·ilS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVt:fBEEN JSSUED TO THE INSURED NAMED A~OVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WffH RESPECT TO WHiCH THIS cERTii=1cATE MAY ae issueo OR.MAY PERT.A.IN. THE JNsuRANce ,ii.Fi=ORDEb av THE poi;ic1es.oel:lc1t1s1:o HEREiN rs SUBJECT .ro ALi.. il-iE TERMS. EXCLUSIONS AND CONDITION~ QF SUCH POLICIES. LIMITS SHOWN MAY Hi'\VE BEEN RE!)UCEDBY PAID CLAIMS; . INSR l""D~ ,~.';!~~ ·poLICYEFI' POUCVEXP· LTR .me OF INSURANCE. ,,.,~n PO~!l:VNUMBER 1U11/ntw'I\IY\ !IM .. LIMITS y A - COMMERCIALGEHEAAL UASIUJY AXPN01 :moo 6/J0/2019 8130/2020 EACHOCClJAR£NCE . s1,ooo.ooo ,-..... [J aAIM~OE 0 OCCUR PREMJSE~':ta=~~. $100,000 ,__X Oaduc:1ible; SO MW ex? tAr.v ona pe,sonl $5,000 PEF{SONAL &ArN INJURY $1,000;000 ~ GEN\. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE. sz.000.000 ~ POUC; D ~C8r 0 LQC PRODUCTS" COMP/OP AGG u.000,000 OTHER: s ~~~~:ilNGLc LIMIT .A. ---AliTOMosri.e LIABILITY AXP.N013~.700 . 6/30/20.19 6/30/2020 ~1;001),000 ANYA\JTO BOl)ll.Y lr,i,JURV·(Pitq,e~on) s - OWNED X SCHEDULED BODILY INJURY {Pilr al'Ciot1111) AUTOS · s '-- AUTOS.ONLY HIRED . 7 NON-OWN.ED $ X AUTOS.ONLY ,_.. AUTOSOMLY r.fl9:~.12',/?JIMAGE - s E X UMBRELLALIAB y ZUP1.5T ~91J419NF. 6/30120.19 6130/2020 EACH OCCURRENCE $10.000,0CO ~ MOCCUR EXCESS LIAS CLAIM&-YAOE: AGGREGATE $10,000,000 OED j X I RETENTiON S •" nnn s a WORKERS COMPE?/SATION WA005097:01 j0/112019 10/1/2020 X I ~;TUTE I l~li· AIID. EMPLOYERS' UAB1U1Y Y.,N ANVPROPRIETORIPARTIIER/liXE:CUTIVE y li.L EACH Aci;JOJ:NT · s,1.000.oon OFFICERIMEIA81:REXCLUDED? NIA (Mandatory in .,HI D E.L •. OISEASE-EA 1:MPLOYl:E s 1.;000.000 ~~~~,tFi!edPERATIONS below E.L OISEASE···POllCY UMrt s tooo;ooo C Crim~ AXPA01saoo1 6/3012019 6i30/2020 Einf)I. Hniaf! .100,000 D Excess Lfab;iily Umbrella S22t058744 6130/:2019 8/30/2020. Eadl ~cc/Ag~regatu 10,000,000 DESCRIPTION OF OPERATIONS f LOC.t.rro,;is I VEHIClES. fACOR!) 10t; Addi«onal Remarks Sch.od"'9, may ~• ·,ttache~.if l'l)Ora ,ipa~ ls ,-quired) Certificate holder Is listed as an additional insured as their interest may appear. Tem:irism covera~e is indUded for GL and UmbreUa , . 30 Day Nolfce of. ancel(alioh and. 10 Day Notice ofCan~l/atron for Non.Payment Excess Liability policy CCJVera 41 locations. Tallestnumber ¢stories at ani wveo location Is 2. ' ...... RE: Fountains La Verne MHP Associates, LP. at 3530 Damien Ave., 112 oothill Blvd., ~md 353Q GrantPlace, La Verna. CA 91750 Licenlie~L4159 · ;ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF T~EABOVl:rDESCRISED POLICIES BE.CANCELLED aEFORE nte EXPIRATioN oAnr lliEREOF,. NOTICE'.Wlll BE DELIVERED IN ACCORDANCE' WfTH THE' POUCY PROVISIONS. . The Metropolitan Water Distlict of South em Califoinla Attn: Real Estate Services Unit PO Box 54153 .. 11.UTMO~ REP/IESljNT/1,nve ..Los Angeles Cf\ 9005.4-0153 c=:y/o--. I ·@.1988-2015 ACORD CORPORATION. All rights reserved. ,CORD 25 (2016/03) Th.El ACORD name ;md logo are registered marks.of ACORD 147 January 19, 2021, City Council Meeting Page No. 139 WORKERS COMPENSA. TION ANO EMPLOYERS LIABILITY lNSiJRANCi: POLICY 0 WAIVER OF OUR RfGHT TO RECOVER FROM OTHERS ENDORSEMENT. PadfkComp · . CALIFORNIA . . A Coppen'olnt lnsuraoce C.Omporw We have the right .to recover our payments from anyone lla.ble for an loJury covered by this p01Jty. We wm not enforce our tight againSt ttie pe~ ororgaolZatlonnamed in the Sch9c;ftde: (This agreement applies-only to the extenlthat YfJU perform woit under a Wfitteo .corwact that reqUires you to obtain this agreemenUrom us). You must maintain·payroll recotds· accurately· segregating the ~mune.ratlon of your employees whfle engaged in the work described in the Scnedule. · The additional premium for this ~ndorsement shall be 3 • oo % of the Callfomia workers' cornpeosati9n premium otherwise due on such ~muneration (minimum $50~ Schedule Person .or Organlzat!Qn Job .oescnplion The Metropolitan Water District of Property Management ·Requirement Southern.California At:tn1 Real Est.ate Servic~s Unit PO Box 5.4.153 Loe .Angeles, CA 90054-0153 Tbhl tndmeil'liint dlanges ~policy~ vmlch ftls attached and Is imective on tt,a poflc.y elTaetlve ljtlfa Wll!!ss.athewlse siatocL This end9(sen:lent, etrecHve on ;u-os-i9 at 1.i:01 AM. standaro time; fcrmsa partof PolicyNumber WA -005097-0l oflhe Pacific Compensation Inaw::ance Company Policy Effeotiv~ Date 10-01-19 to 1Cl-01-20 NCCI Carri~rCode llSS5 tnsured Name S1erra Corporate Managem~n,t · Inc Engi;,~m,ent No. 4 :ISS.UBD U./06/19 AT 01:07 PH SY US6 Pr~mium$ CQurit~lgned at ·Tb9Yf;liJOo oaJcg; M on -----~By. 1000..:10..,o:U2B ~ we ee 03 ,e jEdHI) 148 • f January 19, 2021, City Council Meeting Page No. 140 City of La Verne Community Development Department STANDARD CONDITIONS OF APPROVAL Date: January 19, 2021 Project Name: The Fountians MHP RV Parking Case No.: 96-20CUP Project Address: 3530 Damien Ave. DPN: 1335 Applicant: Scott Bessire All projects approved by the City of La Verne shall meet the standard conditions checked by each department unless specifically exempted by the City. The standard conditions must be complied with prior to the issuance of any occupancy permits. Call the appropriate department listed below, if you have any questions concerning specific conditions on this list. Applicant shall comply with all conditions of approval for: Tract Number: Parcel Map Number: Resolution Number: 1267 Environmental Determination: Cat Ex. Required Planning Department Conditions (909-596-8706) D NOTICE: - This project is located within a community that has a Home Owner's Association (HOA). The covenants, conditions and restrictions of the community may require that you secure approval from the association before proceeding. The City assumes no liability for any failure to contact your association. D NOTICE - This project is located within the Hillside Development Overlay Zone (HDOZ). The project is subject to all conditions of the HDOZ as outline in the La Verne Municipal Code (L VMC 18.68). IZ] Prior to issuance of building permits, all revisions must be resubmitted for review and approval. IZ] Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees, are paid in full. The project approval does not relieve the applicant from compliance with other Federal, State, and City requirements. 149 ATTACHMENT E January 19, 2021, City Council Meeting Page No. 141 Page 2 of 7 Standard Conditions for Case No. 96-20CUP Required Planning Department Conditions (continued) D To the fullest extent permitted by law, the applicant shall indemnify, defend, and hold harmless the City of La Verne, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate ( directly or indirectly) to City's approval of this project including, but not limited to, the approval of all applications associated with this project; and/or the City's related California Environmental Quality Act determinations such as the certification of the environmental decision, the adoption of a Mitigation Monitoring Program (if one was adopted), and/or statement of overriding considerations (if adopted) for this project. This indemnification shall include, but not be limited to, damages awarded against the City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which the City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. D The project approval expires one year from the effective date of approval (LVMC 18.16.130). D All construction and development shall conform to the approved plans on file with the Community Development Department. D The project approval shall not take effect for any purpose until the applicant has filed with the City of La Verne an affidavit stating that he/she is aware of and accepts all of the conditions set forth in the letter of approval, any associated resolutions, and this list of standard conditions. 0 NO OCCUPANCY will be granted until ALL IMPROVEMENTS required by this approval have been completed, inspected and approved by the appropriate department. D Prior to issuance of building permits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from the Bonita Unified School District. D Prior to issuance of building permits, all fees payable under State Law shall be paid (including park, water, sewer, fire facility, and other related fees.) To secure a precise accounting of these fees, contact the Finance Department at (909) 596-8716. D The applicant shall comply with the City of La Verne business license ordinance and cooperate with the City to obtain compliance by contractors and subcontractors, etc. (L.V.M.C. 5.08.020). D The applicant shall comply with the City of La Verne burglar alarm permit ordinance. If burglar alarms are to be installed, no building permit shall be issued until all required fees are paid. For more information, contact the Police Department at (909) 596-1913. 150 January 19, 2021, City Council Meeting Page No. 142 Page 3 of 7 Standard Conditions for Case No. 96-20CUP Required Planning Department Conditions (continued) D All new residential units shall include a recirculating hot water system. D All new low-rise residential buildings (single-family or multi-family buildings with three (3) habitable stories or less, including detached Accessory Dwelling Units) shall have a photovoltaic (PV) system meeting the minimum qualification requirements specified by the California Energy Commission's Building Energy Efficiency Standards. D Architectural treatment and landscaping of grouped mailboxes shall be reviewed and approved by both the U.S. Postal Service and the La Verne Community Development Department. D Design and placement of all exterior light fixtures shall be reviewed and approved by the Community Development Department. D Architectural details of doors and window mullions shall be reviewed and approved by the Community Development Department. D Exterior architectural colors and finishes shall match those of the existing structures to the satisfaction of the Community Development Department. D The applicant shall provide for installation of cable television conduits and facilities to the satisfaction of the assistant city manager or designee. D Every applicant for a permit of any type of ground sign shall file with the Community Development Department, before the permit is granted, a cash deposit in the sum of $750. The deposit is to ensure the faithful performance by the applicant of the provisions of the sign ordinance, and of all laws and ordinances relating to signs and sign structure. The deposit will be refunded upon satisfactory completion of all conditions of approval. D Prior to issuance of building permits, the Community Development Department shall review and approve all Southern California Edison underground utility transformer locations for compatibility with the site design. All portions of the transformers that are above ground shall be adequately screened with landscaping and/or screen walls. Landscaping shall be reviewed and approved by the City Landscape Architectural Consultant and the Community Development Department. D Copies of all recorded tract maps shall be sent to Bonita Unified School District, 115 W. Allen A venue, San Dimas, CA 91773, Attn: Asst. Superintendent. D All rooftop appurtenances and equipment shall be adequately screened from view to the satisfaction of the Community Development Department. D All trash enclosure locations and designs shall be approved by the City's franchise waste hauler and the Community Development Department prior to the issuance of building permits. 151 January 19, 2021, City Council Meeting Page No. 143 Page 4 of 7 Standard Conditions for Case No. 96-20CUP Required Planning Department Conditions (continued) 0 All ground level mechanical/utility equipment (including meters, backflow protection devices, fine valves and other equipment) shall be screened by screening walls and/or landscaping to the satisfaction of the Community Development Department. 0 No structure may be built within a designated fuel modification easement or area. Please contact the Community Development Department or the Fire Department regarding fuel modification requirements in your area. 0 No fences or walls may be built without first securing a permit from the Community Development Department. 0 Applicant is advised that this application may be subject to the Americans with Disabilities Act (ADA). ADA requires that public and private facilities be designed to provide reasonable accommodation for the needs of disabled persons. For more information, consult your architect or attorney. 0 Transportation demand management and trip reduction measures, required for compliance with air quality and congestion management regulations, shall be approved by the Community Development Department and implemented prior to final occupancy (L.V.M.C. 18.24). 0 (For properties in Lordsburg involving new construction): Payment not to exceed$__ shall be made to the City for provision of benches, trash receptacles, or bicycle racks meeting the standards of the Lordsburg Specific Plan and/or the City's congestion management ordinance. 0 Applicant shall provide a bus bench D, trash receptacle 0, or bicycle racks D in accordance with the following manufacturer and specification: Required Public Works Department Conditions (909 596-8741) [8J Applicant shall obtain a public works permit for all work in or adjacent to the public right-of way. D Applicant shall install and complete all necessary public improvements, including but not limited to streets, curbs, gutters, sidewalks, handicap ramps, and storm drains, along the entire street frontage of the development site as required by the Public Works Director. Applicant shall abide by all National Pollution Discharge Elimination System (NPDES) requirements including the installation of erosion control and slope stabilization measures necessary to prevent siltation and other debris from being carried offsite and eventually entering the storm drain system, and in conformance with the applicable provisions of the Construction General Permit. 152 January 19, 2021, City Council Meeting Page No. 144 Page 5 of 7 Standard Conditions for Case No. 96-20CUP Required Public Works Department Conditions (continued) D Applicant shall comply with all requirements of the Low Impact Development (LID) Ordinance (Section 13.60 of the La Verne Municipal Code) and the current Municipal Separate Storm Sewer System (MS4) Permit to the satisfaction of the City Engineer and Public Works Department. D Applicant shall be required to provide painted curb numbers to the specifications of the Public Works Director and "STOP" signs painted on the pavement at exists and intersections. D All utilities shall be placed underground including facilities and wires for the supply and distribution of electrical energy, telephone, etc. D Easements for the following underground utilities shall be provided: Water 0; Sewer 0; Storm Drains O. Other as specified: D Submit street improvement plans showing proposed construction of: Curbs 0; Gutters 0; Storm drains 0; Sidewalks O. These plans shall be subject to approval by the City Engineer. D Water service facilities shall be installed to the satisfaction of the City Engineer. D A separate water service line from the water meter to the residence will be required on all new or renovated residences for a fire sprinkler system. For more information see Public Works Standard Drawing W-1. D Backflow prevention devices shall be installed to the satisfaction of the Public Works Director. D All commercial projects shall install backflow prevention devices to the satisfaction of the Public Works Director. D Water service during construction shall be available after the installation of the water facilities is complete, applicable water fees and meter charges have been paid, and application for service has been made. D An advance payment for temporary water service is required during the construction period. Upon landscape development and or approval of final building occupancy, temporary water service shall be discontinued unless specific arrangements have been made to the satisfaction of the Public Works Director to continue temporary water service to a later date. D No finals will be given until all as-built site improvements plans have been submitted to the Public Works Department. D The property shall be annexed to the Los Angeles County Sanitation District. 153 - January 19, 2021, City Council Meeting Page No. 145 Page 6 of 7 Standard Conditions for Case No. 96-20CUP Required Public Works Department Conditions (continued) D Sanitary sewer facilities shall be installed to the satisfaction of the City Engineer and Public Works Director. D Back water valves on sewer connections shall be installed to the satisfaction of the Public Works Director. D The applicant shall provide the City with a Backflow Device Test Form, filled out by a certified licensed tester before any final permits are released. The applicant is required to utilize Waste Management for all refuse and debris handling as the City of La Verne has an exclusive franchise agreement with the company. Please contact Waste Management at (909) 599-1274. Required Fire Department Conditions (909-596-5991) D The required on-site minimum fire flow shall be installed and made available to the satisfaction of the Fire Chief, Public Works Director and City Engineer prior to the construction involving combustible materials. D Provide fire sprinkler; system hook-ups and post indicator/OS & Y valves approved by the Fire Department. D A set of construction drawings approved by the Building Department must be on file with the Fire Department prior to issuance of any building permits. D Water mains and hydrants shall be installed and be operational prior to and during the time of construction involving combustible materials (2013 California Fire Code). D Fire apparatus access roads shall be provided and serviceable prior to and during the time of construction involving combustible materials. The access roads shall be constructed to support the imposed loads of fire apparatus, with all-weather driving surfaces, with a minimum width of 20 feet, with a minimum vertical clearance of 13 feet 6 inches, and with turnarounds for apparatus on dead-end access roads in excess of 150 feet (2013 California Fire Code). D Unless approved otherwise by the fire chief, all combustible plant material must be cleared 100 feet from a new structure. D A permit must be obtained from the Fire Department for temporary storage of lumber used to construct 6 or more houses. The permit will be issued on the basis of good access for fire fighting purposes, availability of water and distances to structures or fire hazards. 154 January 19, 2021, City Council Meeting Page No. 146 Page 7 of 7 Standard Conditions for Case No. 96-20CUP Required Fire Department Conditions (continued) D All new construction, commercial or residential, shall have an approved automatic fire sprinkler system installed throughout the structure. This system shall be installed according to appropriate NFP A code and the La Verne sprinkler ordinance. D A set of sprinkler plans and hydraulic calculations shall be submitted for approval to the Fire Department prior to the start of installation. Required Landscape Conditions D Final landscape and irrigation plans shall be reviewed and approved by the City's landscape architect prior to issuance of building permits. D Final tree preservation plans shall be reviewed and approved by the City's landscape architect prior to issuance of building permits. D The area under the drip line of all existing trees, which are to be saved as determined by the City's landscape architect, shall be fenced 5' beyond the drip line during construction. Grading operations shall be restricted under them to prevent soil compaction around the trees and to protect them from damage. D No trees shall be removed other than those shown on the approved plans. No trees may be removed until a building or grading permit has been issued. D A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. All existing and/or proposed landscaping shall be maintained in an acceptable manner during construction and after the project is completed, and is subject to periodic review by the Community Development Department for compliance. D Approved street trees shall be planted in the front setback area of every lot, to the specification of the parks manager (909-596-8705). D Landscape materials and irrigation systems are to be inspected by a city representative prior to final release of utilities. Revised October 2020 155 January 19, 2021, City Council Meeting Page No. 147 Gabriel Rivera From: Diana Hauner Follow Up Flag: Follow up Flag Status: Completed Hi Gabriel, Thank you for addressing some of our concerns. However here are some more detailed questions that I have put together. If you can address them in email before the meeting that would be great. Mostly, I am very concerned about our safety and privacy will be considered and respected. Thank you for your time and hope to hear from you soon. Questions and Concerns that we have : • The RV lot has been a safe haven for coyote and wild animals as recently as last year and it is not uncommon for us to see one running into the lot. Sadly last year we heard them kill one of our neighbors dogs. • What are the plans for upkeep and maintenance? We have seen in the past that the RV owners leaving trash, debris, and building materials unattended for weeks at a time. • We have a wood fence at this time located next to the empty lot. Would a cinder block wall be installed to ensure that both properties are protected. This appears to be the standard next to the mobile homes. • If a wall is installed how tall would it be. Would ensure and protect our and our children's privacy? • What type of liability coverage will the lot have if there is damage to our or our neighbor's property? • It is pretty common for the owners of the RV's to work and maintain their vehicle while they are located in the lot. Which can be loud, has taken place at all hours, and can create a large amount of fumes. • It was noted that a chain link fence was to be installed next Damien Ave. Will this be adequate to prevent potential theft and/or vandalism. • On a daily bases vehicle enter and the leave the property throughout the day and starting at 6:30am on most days. They appear to be using storage containers located in the lot to store personnel items and business related items. • We have also noticed for long hours the lot gate is left unlocked. What safety measures will be taken to ensure that no one can just walk in and stay or destroy property? It will be more visible so mote people will see it and have a chance to walk of the street and into the lot or by extension our fence. • Has there been consideration of how the value of your home and our neighbors homes will be affected. What will be down if the value go down? • A large visible and heavily trafficked RV storage lot will create a commercial and impersonal touch to the community and would not promote the small town virtues that La Verne strives for. • We feel to encourage the small town values that La Verne is known for wouldn't a small park or garden add more value to the community. 1 156 ATTACHMENT F January 19, 2021, City Council Meeting Page No. 148 Sent from my iPhone 2 157 January 19, 2021, City Council Meeting Page No. 149 Gabriel Rivera From: stanley.schroeder < stanley.sch [email protected] > Sent: Monday, November 30, 2020 9:09 PM To: Gabriel Rivera Subject: Case No. 96-20CUP The Fountains Mobile Home Park RV expansion comment... Hello Gabriel, Below are my comments about The Fountains Mobile Home Park RV lot expansion ... Case No. 96-20CUP The Fountains Mobile Home Park RV parking lot expansion on 3530 Damien Ave. La Verne CA 91750: Attention: Gabriel Rivera In regards to commenting on the expansion of The Fountains RV parking/ storage yard: My name is Stan Schroeder, my family has owned our house on 1092 Goleta Street (corner of Damien Ave) since 1976. We live diagonal to the proposed, RV parking lot expansion, it is within view of our front yard and living room window. I have only good things to say about The Fountains Mobile Home Park, they've always been good neighbors and respectful of the surrounding residences. I've never myself seen or heard of any problems with the existing RV storage yard and would be completely supportive of permitting them to expand their RV storage yard. Damien Ave is plenty wide enough to handle RVs entering or exiting from the RV storage area, there have never been traffic issues that I am aware of. The present barren dirt lot where the expansion is proposed has existed for the 44 years I've lived here. Placing a fence (or wall) with some nice foliage or trees up by the sidewalk and along the sides of the adjacent residences would at very least be an aesthetic improvement over what exists now. Sincerely, Stan Schroeder stanley. [email protected] Sent with ProtonMail Secure Email. 1 158 January 19, 2021, City Council Meeting Page No. 150 Gabriel Rivera· From: Mike Hannah Follow Up Flag: Follow wp Flag Status: Flagged Hi Gabriel, My name is Mike Hannah and J own the property at 3392 Damien Avenue and I am assuming thatthe RV storage expansion wfll be Into the vacant lot that Is directly north ofmy tdplex. Two of ll'ly uni~ hav~ balconies that look directly at that lot arid the third is directly exposed to itat the front. My concern is aesthetics. Are.they planning on expanding into the entire lot, or Just part of it? Will. they be. planting any shrubs alongside my property line to cut down cm noise and view issues. Also; ifthey utilize the entire lot, whattype of barrierwill be erected in the open space between the wall and thestreet? Thanks in advance for your help on this! Mike Hannah 909-816-8792 sentfrom my iPhone 1 159 January 19, 2021, City Council Meeting Page No. 151 Gabrief Rivera From: Ryan Gi.llf!s to expand their RV parking lot at3530 Damien. Ave, la Verne, CA 91750. · · Importance: High Follow Op Flag: Follow up, Flag Status: Flc1gged Dear Ml'. Rivera I strongly oppose the propQ$ed conditional use :rermit to allow The Fountains Mobile Home Park to expi:ind their RV Parking. 1 have lived in La Verne for 12 years and have noticed the gradual and continuous fraffk in and out of the RV Parking Lot. As it stands now, it is an eye sore. I concerned for the safety of my family and kids should the lot be expanded; There ar(;! randq:m. people hanging cn1t going in a1id out at all times ot the. day and night. The.re is already alot oftraffic on Damien, I can only imqge the increase should thfa permit be granted. In the past,l've had to waH to pull into my driveway whne an oversized RV Bo guarded Damien while trying to pU:11 into the RV Park. I've also witnessed a n~ar accident with an RY haphazard]y pulling oudn front of a vehicle traveling down Daimen. We have. a nice community I would hate to seeit go downhill .and turn into a parking lotfor RVs, which would cause our property value to plummet. Mr. Rivera, I urge you to oppose this perm.it and keep .our c.ommunity on Damien beautiful> safe, and not turned into a parking lot for RVs. Thank you in .advance for considering my oppositiort to the expansion of the RV Parking. Ry~n L. Gales Qffice Man.:iger Evangeline Fisher Crossm~n Lc;.1w F1ghUn9 lrisimmce Bad Faith California Office; 1 160 January 19, 2021, City Council Meeting Page No. 152 Gabriel River~ From:. Peggy Kline .. Follow Up Flag: Follow up Flag Status·: Flag·ged December 6;2020 Community Qevelopment bfre.ctor 3660."0" Street La Verne, CA 91750 RE": Public hearing December -9, 2020 The Fountarn Mobile Home Parle .p~rkin_g· lot e·xpansioq ATTN: Mr; Gabriel River~ Dear. Mr. Rivera,. This letter is- in regards· to a conditfonal·use: permitto allow The Fountain Mobile:Home Park to. expand their.RV parking. lot at-3530 Damien Ave., Lq Verne,. CA 917SO. I am strongly opposed to ·th.is conditio.nal p.erm.it. I have been a La Verne reslden"dar 34·years and live acr"ossthe street fro"rn this location. Over th~ years, the cu rre.nt RV parking lot. has been a nuis.~nc~ -to the reside"nt.s with RV owners driving: away·and. returning. in·afl ·how·s of the- hight. If t.h.e RV .parking lo_t"is exp~nded to. 3~·30 Dam"ie.n Ave., L;:i V~rne, CA-91750; the traffic Will only be worse with more RVs oh the p·roperty. The ·property value o.f homes will decrease.as this.will be an eyesore anµ complete_ly.- confr~dlcfory to how the La Verne resident5; on· Damien .haye taken pride in :their ·homes~ The: nolse.-a nd pollution will incr~ase .as WIii the. safety of our residehts with so many unknown RV owners toming. ci"nd ·goihg'_and the possibility of even.staying_ i~ their RVs. 161 January 19, 2021, City Council Meeting '. Page No. 153 AS a long tirne residentof La Verne, please consider my strong opposition to this expansion. sfr,~erely, Peggy Kline. 2 162 January 19, 2021, City Council Meeting Page No. 154 RECEIVED Letter of Appeal :2020 DEC 21 AH ·a: r. r. Regarding: Planning Commissions Approval of Case No. ~Pf??or-!0-~ Ae uest to obtain a_ Conditio~al Use ~ermit to expand The Fountains~~WArm~ .r existing Recreational Vehicle Parkmg lot. · '"" '- K Location: 3530 Damien Ave, La Verne, Ca 91750 To: Mayor Tim Hepburn, Mayor Pro Tern Robin Carder, & City Councilmembers .City of La Verne 3660 D Street La Verne, CA 91750 Dear M~yor Tim Hepburn, Mayor Pro Tern Robin Carder, & City Councilmembers, My name is Matthew Foster and my wife Diana Hauner and I are location at 3428 Damien Ave, La Verne, Ca 91750 and we would like to formally request an appeal of the Planning's Commissions December 9. 2020 Approval of Case No. 96-20CUP. We recently became aware of the of the upcoming Conditional Use Permit request from Mr. Scott Bessire on behalf of The Fountains Mobile Home Parks and we are very grateful we had the opportunity to express ·our concerns during the Planning Commissions recent December 9, 2020 teleconference meeting but we felt several of our concerns may not have been fully understood and that ultimately they may never be without further review. The expansion of the Recreational Vehicle Parking came as a bit of surprise to us since it appears The Fountains Mobile Home Parks started the approval process on or about April 14th, 2020 when they contacted the Metropolitan Water District seeking approval to expand the parking lot. During that time they were able to work with and seek approval with both the City of La Verne and our neighbor located at 3444 Damien Ave, La Verne, Ca 91750 whose property has a swing gate- entrance located on the south side of their property with access only through the lot loaned at 3530 Damien Ave. But we were never notified until the last month and considering our property is going to be one of the most adversely affected by this expansion we would have hoped that we would have been contacted sooner to ensure the expansion doesn't endanger our family or reduce our quality of life. 163 ATTACHMENT G January 19, 2021, City Council Meeting Page No. 155 I wish to make clear that we are not opposed to the expansion of the parking lot and we ·seethe wonderful opportunity it can present to the neighbor, the residents of the Fountains Mobile Home Parks, and to the City of La Verne as whole. We have had delightful interactions with the residents of the Fountains Mobile Home Parks on our walks with our 2 children in their stroller and wagons and with the many residents who walk up and down Damien Ave. I can only image how reassuring it will feel for those residents to safely park their Recreational Vehicles so close to home and how much money they may be able to save as well. We hope that you will be able to help us bring to light and potentially correct some of the concern's that we prior to the lot's expansion. After review of the lots layout and construction our first concern and foremost concern is with the construction of the block wall. It is unclear to us where the wall will be built in relation to our property, how it will be built, and what it will be made of. We share a wood fence with the lot located at 3530 Damien Ave and we don't know if this new wall will require use tearing down our fence or not. We also want to know what materials will be used in the walls construction and if it will be reinforced with rebar or not. I have been a licensed EMT since 2009 and in my past experiences have seen the damage large vehicles can do to the human body even when moving at low speeds due to their size and weight. Also I am currently employed as Large Property General Adjuster and have worked in property and auto claims for the past 8 years and I have seen the damage that vehicles of all shapes and sizes can do. And most importantly with 2 small children ages 2 and 9 months at home I want to know what stands between my family and the parking lot. We have observed that the entrance of the parking lot will remain where it is now but with the several additions whose impacts on our property and to the neighborhood may not have been fully investigated. The entrance to the parking lot will be protected by two swing gates which will be secured with pad locks. Based on my review this will require most of the Recreational Vehicles which on average can reach lengths of 33ft or longer to either park on the side street, in the streets center lane, or halfway in the driveway while the occupants exit the vehicle to manually unlock not one but to two separate pad locks. This could pose some serious concerns with traffic on a fairly busy street and which could be compounded if more than one vehicle is trying to enter or leave,the parking lot at the same time since the same driveway will be used both to enter and leave the property. We have observed that the par:king lot averages roughly 1-3 vehicles entering and exiting the lot each day and during the week 3-5 vehicles entering and exiting the lot during the weekends, and around the holiday's 7-10 vehicles entering and exiting the lot a day. 164 January 19, 2021, City Council Meeting ... Page No. 156 Another concern we have with the swing gate is its location so close to our master bedroom and master bathroom that we will be able to hear it each time it is swung open and if it is fully swung open which we expect it will be to allow full access to the parking lot it will also hit the wall as well creating more noise. At this time we have a 9 month year old who is teething and a very light sleeper and whose crib is in our master bedroom and I can only imagine the frustration that will come out of hearing a large gate opening and closing throughout the day disturbing her naps and potentially our sleep as well. A potential solution to these concerns would be to instead install an electrical gate that slides to the south of the property and away from our home and which could be controlled by a remote garage door opener so that it would open at the touch of button versus someone having to manually open each gate. Another solution would be to move the entrance to the southern end of the property or from inside the mobile park itself. Another concern that we have relates to ensuring a reasonable expectation of protecting our privacy. The proposed walls height will only be 6ft: tall while the average height of a Recreational Vehicle is 10ft: to 14ft: which would potentially allow whoever is entering, leaving, or working on their Recreational Vehicle visual access to our property. It is one thing to share a property line with one or two neighbors that you are able to speak with, ·get to know, and develop a relationship with but in our case it will be accessible to potentially unaccountable strangers. We have two very young girls and the thought of strangers having unrestricted visual access to them playing outside is a disconcerting thought. To our understanding the municipal code only allows for walls 6ft in height and even a 1Of wall may not be enough to obstruct the view of strangers and that the Metropolitan Water District will not allow for foliage such as trees to be installed on their property so we would like to suggest a different solution. Perhaps the Fountains Mobile Home Parks could assist us and our neighbors to the south in purchasing and planting.trees or foliage to prevent or significantly reduce visual access to our property's since it appears we can plant trees or large foliage on our properties. Our last concern is with the hours of operation which are from 7:00am to 8:00pm 7 days a week. We would hope that the hours of operation could be reduced to the more traditional business hours of 8:00am to 5:00pm. The later hours are our biggest concern since it appears that large bright flood lights will be installed to ensure there is visibility for the drivers but mattering on the location of these large flood lights we could have these lights shining into our master bedroom and master bathroom. If the hours are reduced so will the need of the flood lights since the drivers entering and leaving the lot won't need them to see. 165 January 19, 2021, City Council Meeting ,. 1 ·~ Page No. 157 During the December 9t11, 2020 teleconference call with the Planning Commission the members of the commission did make it a point that the developer of this project should reach out to us and develop a relationship with us to reassure of us of some of the concerns we presented on the teleconference call. But at this time no effort has been made to contact us and to discuss with our concerns. Our hope is this appeal will bring about further discussion and review of the expansion of the parking lot and how it will affect us, the neighborhood, and the City of La Verne. Sincerely, Matthew Foster & Diana Hauner 3428 Damien Ave, La Verne, CA 91750 626 221-6632 j' -~-~ 1C,,~---· ,uWV'l..~!~~- /L_ c~ , r~~~- _. (" / 166 January 19, 2021, City Council Meeting Page No. 158 This page left intentionally blank 167 January 19, 2021, City Council Meeting Page No. 159 Agenda Report CITY OF LA VERNE Community Development Department DATE: January 19, 2020 TO: Honorable Mayor & City Council FROM: Eric Scherer, AICP, Community Development Director~ SUBJECT: Community Development Block Grant Program for 2021-2022 AGENDA SUMMARY: This is the 47th funding year for the Community Development Block Grant Program. According to the Los Angeles County CDBG Bulletin, the City of La Verne will be allocated approximately $151,848 in Community Development Block Grant (CDBG) funds. RECOMMENDATION: The Community Development Department recommends the following allocation of the 2021- 2022 Community Development Block Grant (CDBG) funds as follows: 2021-2022 CDBG Allocation $151,848 Senior Hot Lunch Program $ 30,369 Sidewalk Repairs $ 58,000 ADA Automatic Door Opener at City Hall $ 5,000 ADA Automatic Door Opener for Public Restroom at the $ 5,000 Community Center Unallocated: $53,479 This recommendation is made after consideration of the federal allocation requirements and the desire to continue the existing public service program. The Community Development Department further recommends that the City Council approve Resolution No. 21-05 approving participation in the 2021-22 Community Development Block Grant Program with the County of Los Angeles. BACKGROUND: This current fiscal year, 2020-21, $300,000 of the CDBG funding was redirected to the Business Assistance Grant Program. Since the beginning of the program, about 30 businesses have been awarded $5,000 grants, with more continuing to be submitted. 168 January 19, 2021, City Council Meeting Page No. 160 This page left intentionally blank 169 January 19, 2021, City Council Meeting Page No. 161 Agenda Report CDBG City Council January 19, 2021 Page 2 The City of La Verne will be eligible to receive an estimated $151,848 in Community Development Block Grant (CDBG) funds for fiscal year 2021-22. Public service programs, according to a Community Development Commission regulation, may not exceed 20% of the yearly grant ($30,369) and each program must be funded a minimum of $10,000. The Senior Hot Lunch Program has been operating successfully with CDBG funds for over 20 years. Staff is recommending that the CDBG be awarded to the Senior Lunch Program for the full 20%, by funding the full amount of $30,369 to the Senior Lunch Program, it allows staff time ($7,000) to be billed to the project to successfully operate of the program. As identified in previous years, due to expanding regulatory criteria, it is difficult for La Verne to find programs that will be deemed eligible, e.g. meeting the national objective of assisting low/moderate income persons. One main challenge is the fact that there are no longer Census blocks within the city that qualify as 51 % low/mod. This finding prohibits creating any programs that would qualify as having an area wide benefit within the community such as park improvements, street or alley improvements and public facility improvements. To qualify, programs would have to be restricted to "limited clientele" (elderly, abused, handicapped, low income) and of these programs the City can only designate 20% of their allocation for public service programs. The City is required to fund programs with a minimum of 70% of the total City allocation benefiting low/moderate income persons. Additionally, the City can no longer do public improvement projects due to the new HUD regulation that requires the re-certification of slum/ blight areas. HUD has determined that redevelopment areas designated more than ten years prior must be re-designated before any funds can be expended. The following are proposed for City Council consideration: PUBLIC SERVICE PROGRAM - SENIOR HOT LUNCH PROGRAM This year, staff recommends that the Senior Hot Lunch Program, which has been funded for the past several years, be continued and funded a total of $22,369 with an additional $7,000 to cover the administrative costs. Staff cannot recommend funding or the creation of any additional new public service programs due to the limited funds available. Based on the current year allocation, the maximum amount that can be used for public service programs is $30,369. SIDEWALK REPAIRS In previous years, with the exception of the last year, due to the funding being reallocated to the Business Grant Assistance Program, the City Council typically allocates $58,000, for the sidewalk repair program that would provide for removal of architectural barriers on damaged sidewalks for approximately 30 locations throughout the City. Staff is asking that the City Council approve these funds with $8,000 allocated towards the administrative costs associated with the project. 170 January 19, 2021, City Council Meeting Page No. 162 Agenda Report CDBG City Council January 19, 2021 Page 3 AUTOMATIC DOOR OPENER AT CITY HALL ENTRANCE (COMMUNITY SERVICES) The entrance to City Hall from the parking lot, near the Community Services Department, currently only has a door that has to be pulled open by an able person. There are often times where handicapped people or seniors are stuck knocking at the door waiting for staff to let them into City Hall. Staff is asking that the City Council approve $5,000 of the CDBG allocation to fund this project. AUTOMATIC DOOR OPENER FOR PUBLIC RESTROOMS AT THE COMMUNITY CENTER The bathrooms in the Community Center currently only have a door that has to be pulled open by an able person. There are often times where handicapped people or seniors are stuck, unable to open the door, and have to ask staff to let them into the restroom. Staff is asking that the City Council approve $5,000 of the CDBG allocation to fund this project. UNALLOCATED FUNDS Staff is continuing to work with the Community Development Commission to allocate the remaining portion ($53,479) of the grant to benefit the City of La Verne. Respectfully submitted by: Candice Bowcock, Principal Planner Attachments: Resolution No. 21-05 171 January 19, 2021, City Council Meeting Page No. 163 RESOLUTION NO. 21-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND SELECTING CERTAIN PROJECTS FOR FUNDING IN THE FISCAL YEAR 2021 - 2022 WHEREAS, the City of La Verne participates in the Community Development Block Grant program through the Los Angeles County Urban County Program; and WHEREAS, the County has indicated that the City of La Verne will be allocated approximately $151,848 in funds for projects which primarily benefit low and moderate income persons; and WHEREAS, a duly noticed public hearing was posted on January 4, 2020 for the purpose of receiving public input on projects for funding; NOW THEREFORE, the City Council of the City of La Verne DETERMINES AND DIRECTS as follows: Section 1. Staff is instructed to submit the CDBG Program Planning Summary for approval to the Los Angeles County Community Development Commission with funding for the following programs in the specified amounts for fiscal year 2021-2022, as recommended in the staff report dated January 19, 2020: 2021-2022 CDBG Allocation $151,848 Senior Hot Lunch Program $ 30,369 Sidewalk Repairs $ 58,000 ADA Automatic Door Opener at City Hall $ 5,000 ADA Automatic Door Opener for Public Restroom at the $ 5,000 Community Center Section 2. Staff is authorized to adjust the program budget as necessary to take into account the final CDBG allocation from the U.S. Department of Housing and Urban Development and any amounts remaining unspent at the close of the fiscal year. Section 3. That the Mayor shall sign and the Assistant City Clerk shall attest to the passage and adoption of this Resolution. 172 January 19, 2021, City Council Meeting Page No. 164 Section 4. The City Manager shall be authorized to submit the application and to sign all necessary forms and agreements for implementing the programs. PASSED, APPROVED AND ADOPTED this 19th day of January, 2021. Mayor Tim Hepburn ATTEST: Lupe Gaeta Estrella, Assistant City Clerk CERTIFICATION I hereby certify that the foregoing Resolution No. 21-05 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 19th day of January, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Lupe Gaeta Estrella, Assistant City Clerk Resolution . No. 21-05 2 173