Table of Contents
Agenda 2 Agenda Items 5a. City Council Minutes 13 5b. Register of Audited Demands 61 5c. Cool Cruise Street Closure 75 5d. Huntington & Scranton Awards 89 5e1. Reso.20-56 Verizon Wireless Lease 91 5e2. Reso.20-57, Homeless Programs MOA 107 5e3. Reso.20-58,Reaffirming Local Emergency 119 5e4. Reso.20-59, Safe Water Funds Agreement 121 5e5. Reso.20-60, CFD No. 11-1 147 5e6. Reso.20-61, CFD No. 90-1 151 6a1. LLMD No. 6 157 6a2. LLMD No. 7 189 6a3. LLMD No. 8 209 6a4. District 84-1M 229 6b. Confirmation of Weed Abatement Charges 265 6c. Amazon Retail Appeal 271 7a. Temporay Employment Agreement 421 7b. Committee on Cultural Awareness 427
1 AMENDED 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
Monday, July 20, 2020 - 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 would encourage public participation in our meeting and as such want to make residents aware of the following opportunities on how to participate:
1. Individuals can view the meeting live through the City’s website at www.cityoflaverne.org by following the link titled “Council Meeting Live Stream” or on YouTube at www.cityoflaverne.org/youtube.
2. 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 and included as part of the permanent record.
3. 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. Those requests will be accepted before and throughout the meeting and someone 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. Please note: A time limit of 3-minutes is set for all public comments.
In compliance with the Americans with 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 scheduled on the 1st and 3rd Mondays 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. 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 by emailing the Assistant City Clerk at [email protected] by 5:00 p.m. the day of the meeting with a phone number).
5. 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 to be received and filed, as follows:
March 16, 2020 March 24, 2020 April 6, 2020 April 13, 2020 April 20, 2020 April 23, 2020 April 30, 2020
b. Register of Audited Demands for the following:
Fiscal Year 19-20 In the amount of $1,810,754.36 dated June 24, 2020 In the amount of $374,279.99 dated June 30, 2020 In the amount of $412,860.70 dated July 7, 2020
Fiscal Year 20-21 In the amount of $1,033.024.64 dated July 7, 2020
c. Street Closure for the Cool Cruise Car Show - Tentative - The Old Town La Verne Business Improvement District (BID) is requesting the City Council consider a street closure for the Cool Cruise car show which has been rescheduled to be tentatively held on August 22, 2020. While it is recognized the car show may not occur due to State and County Health orders relating to COVID-19, the promoter has asked that this approval, in the unlikely event orders are revised before then, be granted provided a final decision can be made on August 3, 2020.
Staff recommends that the City Council approve the street closure for portions of D and Third Streets in Old Town La Verne and to direct the Public Works Director to take the necessary steps to permit the temporary street closure. Approve to waive the administrative review fees necessary for the processing, permitting, management, promotion, and operations of the Cool Cruise Car Show; with exception of the payment to the La Verne Police Department Reserves.
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d. Extension of the Jack Huntington, Jim Scranton Pride of La Verne Awards, and the Older American Award through 2021 - The City Council salutes volunteers in the community every year. This year, at the February and April City Council meetings, Council approved the Jack Huntington and Jim Scranton Pride of La Verne award recipients and the Older American award recipient. Due to the COVID-19 pandemic, all award recipients were not recognized at the 4th of July parade and the La Verne Day at the Fair. Since they have not been recognized formally to the public, staff would like to extend their recognition by one year. The recipients are Denny Sharpe (Jack Huntington Award), Carolina Coppolo (Jim Scranton Award) and Diane Victor (Outstanding Older American).
Staff is recommending the City Council extend the Jack Huntington, Jim Scranton Pride of La Verne and the Older American award winners for one year through 2021.
e. Staff recommends approval and passage of the following Resolutions:
1. Resolution No. 20-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO A LAND LEASE AGREEMENT WITH LOS ANGELES SMSA LIMITED PARTNERSHIP (DBA VERIZON WIRELESS) property location: Mainiero Square (apn 8377-014-903) - In October 2019 the City Council authorized execution of a Land Lease Agreement with Verizon Wireless for the lease of a portion of Mainiero Square to operate a wireless communications facility. Verizon Wireless is requesting an amendment to the Land Lease Agreement, which was executed in December 2019, to accurately reflect the lease space to be utilized by the proposed new wireless facility, as well as account for the potential expansion of the lease area to accommodate a future co-location at the site.
Staff recommends that the City Council adopt Resolution No. 20-56, to authorize execution of a First Amendment to a Land Lease Agreement with Verizon Wireless for the lease of a portion of Mainiero Square to operate a wireless communications facility (Attachment A).
2. Resolution No. 20-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) FOR THE DEVELOPMENT AND IMPLEMENTATION OF PROGRAMS TO PREVENT HOMELESSNESS - The San Gabriel Valley Council of Governments (SGVCOG) has allocated funding to cities for the development and implementation of programs to prevent homelessness in alignment with cities’ adopted Homeless Plans and the County of Los Angeles’ Homeless Initiative Strategies. The SGVCOG requires execution of a Memorandum of Agreement (MOA) to set forth provisions related to the programs and services to be implemented with the allocated funding. Staff has prepared a resolution to authorize execution of a MOA for this purpose.
Staff recommends that the City Council adopt Resolution No. 20-57, authorizing the City Manager to execute the Memorandum of Agreement (MOA) with the San Gabriel Valley Council of Governments (SGVCOG) for grant funds of $365,000 for the following programs:
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Implementation of the City’s adopted “Plan to Prevent and Reduce Homelessness” (Homeless Plan) ($150,000); Development and implementation of a Prevention and Diversion Program to prevent City residents from becoming homeless ($15,000); Implementation of a Pilot Program to test innovative direct homeless solutions ($200,000); and Participation in a regional landlord outreach and incentive program.
3. Resolution No. 20-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA REAFFIRMING THE ONGOING NEED FOR THE LOCAL EMERGENCY INITIALLY DECLARED ON MARCH 16, 2020 - 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.
Staff is recommending that the City Council adopt Resolution No. 20-58 reaffirming the ongoing need for the local emergency declared by Resolution No. 20-17.
4. Resolution No. 20-59 - A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF THE SAFE CLEAN WATER MUNICIPAL FUNDS TRANSFER AGREEMENT BETWEEN THE CITY OF LA VERNE AND THE COUNTY OF LOS ANGELES FLOOD CONTROL DISTRICT - Staff is seeking Council authorization to enter into an agreement with the Los Angeles County Flood Control District (LACFCD) for the transfer of funds coming from the Municipal portion of the Safe Clean Water Program. This agreement formalizes the details that include eligible expenditures, reporting requirements and timelines.
Staff recommends approval of Resolution 20-59, authorizing the City Manager to execute the attached Transfer Agreement Between the Los Angeles County Flood Control District and the City of La Verne to transfer funds from the Safe Clean Water Program-Municipal Program to the City of La Verne.
5. Resolution No. 20-60 - A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DETERMINING SPECIAL TAX FOR THE 2020-21 FISCAL YEAR (COMMUNITY FACILITIES DISTRICT NO. 11-1) - The City Council on an annual basis must authorize the tax levy for Community Facilities District No. 11-1 (CFD No. 11-1), a special fire tax for buildings three stories (thirty-five feet) and above.
Staff is recommending that the City Council adopt the Resolution No. 20-60, levying a special tax for Fiscal Year 2020-21 within CFD No, 11-1 per the schedule shown in Exhibit “A” attached to Resolution No. 20-60.
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6. Resolution No. 20-61 - A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DETERMINING SPECIAL TAX FOR THE 2020-21 FISCAL YEAR (COMMUNITY FACILITIES DISTRICT NO. 90-1- LA VERNE INDUSTRIAL SPECIFIC PLAN) - Operation and Maintenance Community Facilities District No 90-1 (O&M CFD 90-1), a special tax district within the La Verne Industrial Specific Plan, requires the City Council to authorize the levy annually. Exhibit “A” of the attached resolution lists the properties and their levy’s included in the district
Staff is recommending that the City Council adopt Resolution No. 20-61, levying a special tax for the 2020-21 Fiscal Year per the schedule shown in Exhibit “A” attached to the Resolution, which increases the rate by 1.8 percent to address the cost of living increases based on the annual consumer price index ending March 2020.
6. PUBLIC HEARINGS
a. Citywide Landscaping and Lighting District No. 6, 7, 8 and Assessment District 84-1M Public Hearings and Resolutions Providing for the Annual Levy.
1. Citywide Landscaping and Lighting District No. 6 and Zones 2, 3, 4 I, 4 II, 5 and 6 - On June 15, 2020, the City Council set July 20, 2020 at 6:30 p.m. as the date and time for the public hearing for the subject assessment district and its zones. Attached is the Engineer’s Report and the cover report from the June 15, 2020 meeting. No change in the assessment levy is being proposed for the subject benefit in zones, except for Zone 6 which the assessment proposed to increase by the CPI of 1.8% to $277.98.
Staff Recommendation: The City Council should adopt Resolution No. 20- 62, providing for the annual levy and collection of assessment for the special zones in District No. 6 for Fiscal Year 2020-2021.
Resolution No. 20-62 - A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, OVERRULING PROTESTS AND PROVIDING FOR THE ANNUAL LEVY AND COLLECTING OF ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE IN AN EXISTING DISTRICT, ESTABLISHED PURSUANT TO VOTER APPROVAL. (LLMD #6).
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2. Citywide Landscaping and Lighting District No. 7 - On June 15, 2020, the City Council set July 20, 2020 at 6:30 p.m. as the date and time for the public hearing for the subject assessment district. There is no proposed increase in the assessments.
Staff Recommendation: The City Council should adopt Resolution No. 20- 63, providing for the annual levy for Fiscal Year 2020-2021.
Resolution No. 20-63 - A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, OVERRULING PROTESTS AND PROVIDING FOR THE ANNUAL LEVY AND COLLECTING OF ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA (LLMD #7).
3. Citywide Landscaping and Lighting District No. 8 - On June 15, 2020, the City Council set July 20, 2020 at 6:30 p.m. as the date and time for the public hearing for the subject assessment district. There is no proposed increase in the assessment from last year’s levy.
Staff Recommendation: The City Council should adopt Resolution No. 20- 64, providing for the annual levy for Fiscal Year 2020-2021.
Resolution No. 20-64 - A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, OVERRULING PROTESTS AND PROVIDING FOR THE ANNUAL LEVY AND COLLECTING OF ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA (LLMD #8).
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4. Maintenance District No. 84-1M (Esperanza Slopes) - On June 15, 2020, the City Council set July 20, 2019 at 6:30 p.m. as the date and time for the public hearing for the subject assessment district. The 2020-2021 assessment is proposed to remain at the same level since 1992. (PLEASE NOTE: Mayor Pro Tem Carder will declare a conflict of interest and abstain from voting on this matter, because she owns property within the boundaries of Maintenance District 84-1M.).
Staff Recommendation: The City Council should adopt Resolution No. 20- 65, providing for the annual levy for Fiscal Year 2020-2021.
Resolution No. 20-65 - A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT (84-1M).
b. Weed Abatement Charges - On February 3, 2020, the City Council declared the list of properties that have been found by inspections to have noxious or dangerous weeds, rubbish, etc. growing upon or in front of said property and a protest hearing was held on February 18, 2020, for affected property owners to register objections to the abatement of said weeds. The purpose of this hearing is to approve the incurred costs of removing such weeds, rubbish, etc., on each parcel of land. A Notice was sent to each property owners notifying them that the list of clearance charges would be submitted to City Council for confirmation. The: Los Angeles County Department of Agriculture has prepared a report for City Council consideration for weed clearance costs for appropriate parcels within the City pursuant to law, a copy of the 2019-20 Weed Clearance Charges was posted at City Hall. (Mayor Pro Tem Carder will declare a conflict of interest because she is a member of the Board of Directors for a homeowners’ association that oversees property appearing on the weed abatement list).
Staff Recommendation: The City Council should confirm the list of charges and direct the County Auditor to enter the assessment against the parcels of land on the current assessment roll.
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c. Appeal Hearing for an Application to allow the operation of an Amazon Retail, LLC grocery store with off-site sale of alcoholic beverages (Case Nos. 05-20CUP and 06- 20CUP) and modifications to the existing parking lot (Case No. 31-20PPR) at 2229 Foothill Blvd., Ste. 200 - Permit Advisors and Kohl’s Department Stores, on behalf of Amazon Retail, LLC, submitted a request for Conditional Use Permits to allow the operation of a grocery store and for the off-site sale of alcoholic beverages at 2229 Foothill Boulevard, Suite 200. The request for the Conditional Use Permits is in conjunction with a Precise Plan Review application to modify the existing parking lot at the project site in order to better accommodate the proposed new grocery store.
At their May 5, 2020 meeting staff recommended to the Development Review Committee that they review and conditionally approve Case No. 31-20PPR for the modification of the existing parking lot at the site of the proposed new grocery store. The Development Review Committee voted 3-0 to conditionally approve Case No. 31-20PPR, the approval of which is contingent upon the approval of Case Nos. 05-20CUP and 06-20CUP (Attachment A and Attachment J).
Both staff and the Development Review Committee recommended that the Planning Commission approve Resolution No. 1262 approving Case Nos. 05-20CUP and 06-20CUP to allow the operation of an Amazon Retail, LLC grocery store with the off-site sale of alcoholic beverages at 2229 Foothill Boulevard, Suite 200. At their meeting of May 13, 2020, the Planning Commission, after holding the public hearing, voted 4-0 to approve Resolution No. 1262 (Attachment C and Attachment K).
An appeal of the Planning Commission’s approval of Case Nos. 05-20CUP and 06-20CUP, and the Development Review Committee’s conditional approval of Case No. 31-20PPR, was filed on May 26, 2020. The appeal requests the approvals be set aside and that the project be brought before the City Council. The City Council conducts a de novo review of the Development Review Committee’s and Planning Commission’s approvals.
Staff Recommendation: The City Council should affirm the Development Review Committee’s conditional approval of Case No. 31-20PPR and the Planning Commission’s approval of Case Nos. 05-20CUP and 06-20CUP based on this staff report, the findings and the conditions of approval found in the Conditional Approval Letter (Attachment A) and Resolution No. 1262 (Attachment C), and direct staff to draft and bring forth at the next regular City Council meeting a resolution denying the appeal and approving Case
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7. OTHER MATTERS
a. Agreement for Temporary Employment (Dan Keesey) - Assistant City Manager/Director of Public Works Dan Keesey has submitted paperwork to retire at the end of this month after serving the City for more than 34 years. In order to minimize disruption resulting from this loss of institutional and operational knowledge, the City is interested in retaining his services until at least the end of the calendar year. The arrangement provides a savings of approximately $60,000 as Mr. Keesey will have his hourly rate reduced to Director of Public Works and will receive no benefits. In order to be compliant with California Law and the 2013 Pension Reform Act, it is also necessary for the City Council to certify there is an urgent need to waive the 180-day waiting period as well as take an action affirming the execution of such employment arrangements. The attached resolution and agreement satisfy those requirements.
Staff Recommendation: The City Council should approve Resolution No. 20-66, authorizing the City Manager to execute an agreement with Dan Keesey to provide temporary, part-time employment.
Resolution No. 20-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING AN AGREEMENT WITH “RETIRED ANNUITANT” DAN KEESEY AS INTERIM DIRECTOR OF PUBLIC WORKS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME.
b. Request for Formal Recognition by Committee on Cultural Awareness and Social Inclusion - At their last meeting, the City Council requested an item be agendized pursuant to a request they had received by a group referred to as the Committee on Cultural Awareness and Social Inclusion. The following has been prepared in consultation with the group’s organizers in accordance with that request. In early 2019 individuals began meeting informally with a focus on being a community of inclusivity for people of all backgrounds cultures and ethnicities. This group was comprised of Council, staff, representatives from ULV, Tri-City Mental Health and community members. During these initial meetings the group established a set of guiding principles and outline of goals.
Staff Recommendation: If the Council’s desire is to support the group’s request, it is recommended that the City Council should adopt Resolution 20-67, confirming their intent to support and participate in the Committee on Cultural Awareness and Social Inclusion and direct staff to work with the Committee representatives to finalize their bylaws and designation of representatives for further Council action.
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Resolution No. 20-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA ACKNOWLEDING THE CITY’S COMMITMENT TO EQUAL AND FAIR TREATMENT FOR ALL PERSONS CALLING FOR UNITY, DIALOGUE, AND ACTION TO ENSURE RESPECT FOR ALL MEMBERS OF OUR COMMUNITY
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 note: A time limit of 3-minutes is set for all public comments.
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
As authorized by Government Code Section 54957.1(a) (1) (A), the City Council will meet in a closed session to confer with its real property negotiators regarding: Property: Amherst southwest corner of Amherst Street and Williams Avenue, Parcel No. 8666- 021-902 and 8666-021-904
City Negotiators: City Manager, Assistant City Manager, Community Development Director and City Attorney
Negotiating parties: The City of La Verne and MW Investment Group
Under negotiation: Terms
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11. ADJOURNMENT
THE NEXT REGULAR MEETING OF THE LA VERNE CITY COUNCIL is scheduled for Monday, August 3, 2020, at 6:30 pm
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 ____ Dan Keesey, Assistant City Manager/Director of Public Works ____ Robert Kress, City Attorney ____ Lupe Gaeta Estrella, Assistant City Clerk ____ Eric Scherer, Director of Community Development ____ Bill Aguirre, Director of Community Services ____ Mark Alvarado, Interim Finance Director ____ Nick Paz, Police Chief ____ Devin Leonard, Interim Fire Chief ____ Dominic Milano, City Engineer ____ Bill Elftman, Information Services Manager
Posting Statement: On July 14, 2020, 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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MTNUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA VERNE HELD IN THE COUNCIL CHAMBERS OF THE LA VERNE CITY HALL Monday, March 16,2020
by Mayor Kendrick at 6:30 p.m. 1 A regular meeting of the La verne city council was called to order
2 Council Members present: Mayor Don Kendrick Council Member Robin Carder Council Member Tim Hepburn Council Member Muir Davis
Absent: Mayor Pro Tem Charlie Rosales
Advisory personnel Present: City Manager Robert Russi City Attorney Robert L. Kress Aslistant City Manager/Public Works Director Dan Keesey Assistant City Clerk Lupe Gaeta Estrella Community Development Director Eric Scherer Community Services Director Bill Aguirre Police Chief Nick Paz lnterim Fire Chlef Devin Leonard Finance Manager Nathan Stratham Personnel Officer JR Ranells Principal Planner Candice Bowcock
3. Pledge of Allegiance was led by Mayor Kendrick'
Mayor Kendrick thanked the residents for keeping safe and staying home'
(Measure LV) acknowledging 4. CanceledPresentations Presentation to Secure La Verne Committee it toi tn"i, cu.paign Efforts and the presentation of Proclamation declaring ii,"", frlontt of April,'2070, DMviDonate Life California Month were canceled due to COVID-19.
of lnfectious Disease, Pomona Valley Report on Coronavirus (cOVlD- Daniel Gluckstein, MD, Medical Director reported on the coronavirus (CoVlD-19) along 1e) ioipit i,no Medical ienter with a slide presentation.
The City Council thanked Dr. Gluckstein for his report'
City Manager Russi reported on what the City is doing to protect the community and staff.
COMMUNITY EVENTS (Any person who t) ANNOUNCEMENTS OF ANNOUNCEMENTS OF UPCOMING of a future community event that is open UPCOMING COMMUNITY wishes to make a brief announcement EVENTS to the general public may do so at this time
There was none.
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7. Consent Calendar It was moved by Carder, seconded by Hepburn and carried by a vote of 4-0 (Rosales Absent) to accept, approve, or act on the Consent Calendar items, except for ltem 6a, City Council minutes of January 21,2020 were pulled by La Verne resident Richard Bowen and Resolution No. 20-24, authorizing Contract for the Durward and White Signal Light Project was rescinded.
City Council Minutes Richard Bowen, La Verne resident requested that the City Council Minutes of January 31,2020, be pulled for discussion. He stated that the minutes were not accurate because the comment made by Council Member Carder to Danny Montoya during public comment was not in the minutes.
City Manager Russi explained that the Council minutes are only action minutes and they are not verbatim. He stated that the City Council meeting is videotaped and residents can view the entire Council meeting proceedings on the City's website.
It was moved by Carder, seconded by Hepburn and carried by a vote 4-0, (Rosales Absent) to approve the City Council minutesof January 21,2020, as submitted.
Registers of Audited Demands Reqister of Audited Demands in the amount of $141,330.98 dated February 26,2020 and in the amount of $679,819.83 dated March 4,2020. Approved as recommended bY staff.
Treasurer's Report Treasurer's Report for the Month of December 31,2019, received and filed.
2019 Housing Element Annual 2019 Housinq Element Annual Proqress Report - The City is required to Progress Report prepare an Annual Progress Report on the status and progress in implementing its Housing Element. The report must be presented to the City Council prior to submitting the report to the State.
Staff recommended that the City Council authorize the Community Development Department Staff to submit Annual Progress Reports for 2019. Approved as recommended by staff.
Resolution (s) passed & adopted, as recommended, as follows:
Resolution No. 20-12, RESOIUTiON NO. 20.{2 - A RESOLUTION OF THE CITY COUNCIL OF THE Authorizing the Execution of an CITY OF LAVERNE, COUNTY OF LOS ANGELES, STATE OF Easement Agreement with the CALIFORNIA, AUTHORIZING THE EXECUTION OF AN EASEMENT Puente Basin Water AgencY AGREEMENT WITH THE PUENTE BASIN WATER AGENCY GRANTING Granting an Easement for Well AN EASEMENT FOR WELL RELATED PURPOSES - The Puente Basin Related Purposes Water Agency (PBWA) is seeking property to construct a replacement groundwater well in the Pomona Basin in the vicinity of Arrow Highway and Fairplex Drive. City staff negotiated an agreement with PBWA, offering an easement across a small portion of the City's "sweepings" property. The 1,900 square foot easement will not impact City operations at the site nor limit any potential future use. Puente Basin Water Agency has agreed to pay the City $133,000 in exchange for the easement.
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Staff recommended approval of Resolution No. 20-12, authorizing the execution of a grant of easement to the Puente Basin Water Agency across 1,900 square faet of the southern right of way line as depicted in Exhibits C and D of the Easement Agreement. The easement will facilitate the construction, operation, and maintenance of a new groundwater well for the BWA. Approved as recommended by staff.
Resolution No.20-13, - A RESOLUTION OF THE CITY COUNCIL OF THE Authorizing an Agreement with CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF Rincon Consultants, lnc. for CALIFORNIA, AUTHORIZING AN AGREEMENT WITH RINCON - Environmental Consulting CONSULTANTS, INC. FOR ENVIRONMENTAL CONSULTING SERVICES Services ( Housing Project at The applicant, Matt Waken with MJW lnvestments has agreed to the City's prepare Amherst Street and Williams) selection of Rincon Consultants, lnc. as the consultant to the required environmental documents to meet the California Environmental Ouatity na (CEOR). Staff recommended that the City enter into an agreement with Rincon Consuitants, lnc. to prepare the necessary documents for a proposed single-family residential development located at Amt-erst Street and Witiiams nvenue lAPN #: 8666-021-902 and a portion of 8666-02'1-904).
Staff recommended that the City Council adopt Resolution Number 20-13, approving an agreement with Rincon Consultants, lnc. for environmental services ior a Iroposed single-family residential development located at Amherst Streei and Williaml nvenue. Approved as recommended by staff'
COUNCIL OF THE REMOVED FROM THE 4 - A RESOLUTION OF THE CITY AGENDA CITY OF LA VERNE, COU NTY OF LOS ANGELES, STATE OF CALIFORNIA, WITH PTM Resolution No. 20-'14, AUTHORIZING EXECUTION OF A PUBLIC WORKS CONTRACT THE DURWARD WAY AND Authorizing a Public Works GENERAL ENGINEERING SERVCES, INC. FOR PROJECT FEDERAL Contract with PTM General WHITE AVENUE TRAFFIC SIGNAL IMPROVEMENTS received and opened for the Engineering Services, Inc. for PROJECT NO. HSIPL- 5149(021). - Bids were ments Project on the DuMard Way and White DuMard Way and White Avenue Trafflc Signal lmprove for this project. Removed Avenue Traffic Signal March 3, 2020. A totrl of six (6) bids were received from the Agenda'
. CITY COUNCIL OF THE Resolution No.20-15, A RESOLUTION OF THE STATE OF CALIFORNIA, Authorizing the City Manager to CITY OF LA VERNE, COU NTY OF LOS ANGELES, AN ADOPTION Execute an Adoption AUTHORIZING THE CITY MANAGER TO EXECUTE WITH BENCOR, INC. TO Agreement and Associated AGREEMENT AND ASSOCIATED DOCUMENTS PART-TIME EMPLOYEES - Documents with Bencor, lnc to PROVIDE A FICA ALTERNATIVE PLAN FOR of the City's 457(b) and 401(a) Provide a FICA Alternative Plan While completing the record- keeping transition recently notified by Lincoln for Part-Time Employees plans to MassMutual, the City of La Verne was Financial that they have decided to also discontinue the contract for the Social employees. ln working Security replacement Plan, FICA, provided to Part-tim e with the City's fiduciary, SFG Retirement Plan Consulti ng, BENCOR, lnc. has been identified as the most qualified and responsible bidder to replace Lincoln Financial and administer the plan going forward. the Stiaff recommended the City Council adopt Resolution 20-15, authorizing citv tr,tanaoer to execute an Adoption Agreement and associated documents *iifi aENcbn, lnc. to provide a FtcA Ahernative Plan for part-time employees Approved as recommended bY staff-
15 Monday, July 20, 2020, City Council Meeting Page No. 4 City Council Minutes, Monday, March 16,2020, Page 4
B. Mid-Year Financial Report Finance Manager Statham reported on the Mid-Year Financial Report for the period ending December 31, 2019. He reported that the Finance Division is providing a mid-year fiscal status report concerning the financial activities of the City for the period ending December 31,2019. The report includes budget to actual comparisons for revenues and expenditures along with other financial information.
Mayor called for public comment on this matter.
There were no public comments via email.
The City Council thanked and commended Finance Manager Statham commended for doing a great job in providing detailed reports.
It was moved by Davis, seconded by Hepburn, carried by a vote of 4-0 (Rosales Absent) to approve the budget amendments detailed in the included Budget Amendments Listing to adjust revenues and expenditure appropriations for the fiscal year 2019120 budget. The City Council also received and filed the December 31 , 2019 Mid-Year Financial report'
The City Manager Russi announced that the Finance Manager Stratham is leaving the city of La Verne to take a positon with another public agency.
9. Resolution No. 20-16 Request City Council Members Davis and Carder requested consideration of Resolution for Termination of Resolutions tto. ZO-tO, to terminate Resolutions 18-51 and 18-52 and be agendized for 18-51 and 18-52 - Councilaction.
Council Member Davis stated that he originally supported Resolutions 18-51 and 1B-52, which created the Litigation and Meet and Confer Committees and that they served their purpose, but now with a new City Council it was time to terminaie the committees and to move forward with the whole City Council working together.
Council Member Carder agreed that it was important for the City to move forward with the new city council and supported Resolution No. 20-16, terminating the Litigation and Meet and Confer Committees'
Mayor Kendrick called for public comment.
City Manager Russi read the following public comments/emails from La Verne residents in support of Resolution No. 20-16, terminating the committees.
Anna Anderson Debbie Ford Lois Wetton Susie Morales Kathy Newlon Marlene Curley Pam Berry
It was moved by Davis, seconded by carder, and carried by a vote of 3-0 (Kendrick Abstiined and Rosales Absent) to approve Reso_lution No. 20-16, ierminating Resolutions No. 15-51 and 18-52, which established Council Committees for Litigation and Meet and Confer Matters'
16 Monday, July 20, 2020, City Council Meeting Page No. 5 City Council Minutes, Monday, March 16, 2020, Page 5
Resolution No.20-16, 2 A RESOLUTION OF THE CITY COUNCIL OF THE Terminating Resolutions No. CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA 18-51 and 18-52, which TERMINATING RESOLUTIONS NO. 18-51 AND 18-52 WHICH Established Council ESTABLISHED COUNCIL COMMITTEES FOR LITIGATION AND MEET AND Committees for Litigation and CONFER MATTERS. Approved. Meet and Confer lvlatters
10. Proclaiming Local Emergency City Manager Russi requested City Council approval to add Resolution No.20- in Response to COVID -19 17, proclaiming a local emergency in response to COVIDF-19 pandemic to the Agenda.
It was moved by Davis and seconded by Hepburn and carried by a vote of 4-0 (Rosales Absent) to add to the Agenda, Resolution No. 20-17.
City Manager Russi stated that State Law and the La Verne Municipal Code all6w the City of La Verne Council to proclaim the existence of a local emergency when the City of La Verne is affected or likely to be affected by publiC calamity. ln addition, by proclaimlng an emergency it will allow the Clty's ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments in responding to Novel Coronavirus COVID-1 I crisis.
It was moved by Carder, seconded by Hepburn, and carried by a vote of 4-0 (Rosales Absent) to approve Resolution No. 20-17, proclaiming a Iocal emergency in response to Novel Coronavirus (COVID-19.)
Resolution No.20-'17, Resolution No.20-17 - RESOLUTION OF THE CITY COUNCIL OF THE CITY Proclaiming Existence of a OT LN VENruE, COUNTY OF LOS ANGELES, STATE OF CALIRORNIA, Local Emergency Regarding PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY REGARDING Novel Coronavirus (COVID-19) NOVEL CORONAVIRUS (COVID-19). Approved'
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 Kendrick called for public comment.
Tim Hersch, La Verne resident expressed his appreciation to Mayor Kendrick for his service to the City of La Verne as Mayor and wished him the best.
Gary Hunter, La Verne resident condgraulated Council Member Hepburn on being elected Mayor of the City of La Verne. He stated he did not want the Police and Fire Services in the City to go County.
City Manager Russi read the following public comments received via email of the following La Verne residents (Emails Attached).
Richard Bowen, La Verne resident
City Manager Russi responded to some ofthe questions asked by Mr' Bowen
Marlene Carney, La Verne resident
Kathy Kalousek, La Verne resident
17 Monday, July 20, 2020, City Council Meeting Page No. 6 City Council Minutes, Monday, March '16, 2020, Page 6
8 Council Comments and Council Member Hepburn welcomed newly elect Council Members Wendy Lau Meeting/Conference Reports and Rick Crosby. He spoke about the importance of protecting our first responders, City Employees and the community. He urged residents to shop La Verne and order out for food from the City's local restaurants, practic€ social distancing, wash your hands, and check on seniors and neighbors.
Council Member Davis concurred. He urged residents to be good neighbors and check on each other. He reminded everyone to be counted and to complete the 2020 census. He thanked Mayor Don Kendrick and Mayor Pro Tem Rosales for their service to the community. He stated he was blessed to have Mayor Kendrick as mentor when he was first elected to Council. He welcomei the newly elected Council Members Crosby, Lau, and Mayor Hepburn.
Council Member Carder also thanked Mayor Kendrick for his leadership and service to the community. She welcomed newly elected City Council Members Crosby, Lau, and she congratulated Council Member Hepburn for being elected Mayor. She looked forwarded to working together and moving forward. Sire had nothing to report on the Gold Line and urged residents to complete the 2O2O census. She urged residents to volunteer to help seniors, and their neighbors and to support La Verne businesses.
Mayor Kendrick thanked everyone for the kind comments. o Adjournment at 7:57 pm, in memory ofJohn Hackworth, La verne resident and retired La verne Police Police Lieutenant who passed away on February 20, 2020. John was a 2o-year veteran of the La verne O"pirtr""t. After retiremeni he served on the City's Planning Commission for eight years. John was immensely pr.ird oi hii C"lti. heritage and often could be found at the Rinaissance Faire. He is leaves behind his wife Linda (Peachy) Watts and his daughter Heather Addison.
Respectfully submitted,
Lupe Gaeta Estrella, CMC Assistant City Clerk
18 Monday, July 20, 2020, City Council Meeting Page No. 7 c{t currr c't L t,,t*efin.pl Lu Estrella Itao"r'' l,tp, a"o..lo
From: Anna Anderson < [email protected] > Sent: Friday, March 13,2020 2:57 PM To: Lupe Estrella Subject: March 16th Meeting
Hi Lupe,
Hope you and your family are all well. I tried to send this to the city clerk email address that was listed, but it would not take. Could you pass this along to who ever is going to read this at the City Council meeting?
Best,
Anna Anderson
Regarding Agenda: Resolution No. 20-16 Request for Termination of Resolutions 18-51 and 18-52 - City Council Members Davis and Carder have requested Resolutions 18-51 and 18-52 be agendized for Councilaction.
I am in favor of terminating these resolutions and making sure that they never happen again. We vote in all council members and I believe that all council members should be involved in all aspects of what is going on in our City, discuss all matters together and then vote all together on what needs to be done or not be done in regards to our City's business.
Best,
Anna Anderson
Stay Well everyone!
1
19 Monday, July 20, 2020, City Council Meeting Page No. 8 ilLt"f,r th a.cao 1*r.erl Heeftl1 Lu e Estrella
From: [email protected] Sent: Monday, March 76, 2020 3:43 PM To: Debra Fritz; Lupe Estrella Subject: Public Comment -- 3/16/20 Agenda
Hello, Mayor Kendrick and City Council Members:
I am in strong support of Resolution No. 20-16, the Request to Terminate Resolutions 18-51 and 18- 52.
With new leadership impending for our City, it is time to renew, rebuild, and embrace our City with fresh eyes and excitement. We all love this beautiful city and it's time we all act accordingly and operate La Verne with one united leadership team.
By voting in support of Resolution 20-16, each of you, as a representative of our City, has an oiportun'ity to iiep up and show us citizens that you care for La Verne and are ready to move forward in a positive way.
We chose you as leaders for our City because we trusted your motives and felt you had all citizens' best interests in mind as you made decisions affecting our City. To ensure we continue in this manner, we need the mayor and all council members, as a team, making decisions that affect our City.
I am urging you to make the right decision for La Verne and terminate Resolutions 18-51 and 18-52.
Thank you,
Debbie Ford 1883 Golden Hills Road La Verne
1
20 Monday, July 20, 2020, City Council Meeting Page No. 9 Narch [k, a-o'a-o' Cou'nct[ Hee-il- Lu e Estrella
From: Lois Wetton < [email protected]> Sent: Monday, March L6,2020 3:41 PM To: Debra Fritz; Lupe Estrella Subject: Public Comment on Agenda Item - 3/L6/20
I strongly support termination of Resolution 18-51 and 18-52 78 on the agenda
Lois Jo Wetton Foothill Terrace La Verne, CA
1
21 Monday, July 20, 2020, City Council Meeting Page No. 10 tV/ aoao Cou-Y'\c'il NerA Estrella d'tiroh
From: Suzie Morales
Hello Ms. Estrella, Can you please add this to the comments for tonight's meeting: The resolutions 18-51 and 18-52 should be terminated and the whole council get back to addressing litigation and contract negotiation as a whole unit, elected by the residents, no committees breaking it up.
Thank you, Suzie Morales
1
22 Monday, July 20, 2020, City Council Meeting Page No. 11 Itarclr th J,,oau Cou'rsr't t(ecit n5 Lupe Estrella
From: Kathy newlon < [email protected] > Sent: Monday, March L6,2020 4:10 PM To: Lupe Estrella Subject: Comment for tonight's Council
Dear Lupe, Please put this comment request in for Public Comment at tonight's 311612o meeting Thank you!
My name is Kathy Newlon, resident of La Verne. I would like to request the termination of the Resolutions 18-51 and 18-52 . I want the return of input of all 5 Council Members in the decisions that are made. This is what we, the people of La Verne voted into office and this should be restored. Thank you.
Sent from my iPhone
1
23 Monday, July 20, 2020, City Council Meeting Page No. 12 It4, 3.oAO Ccx.trr"t Hee*t11 Lu Estrella
From: Marlene Carney
should start with a I support the termination of Resolutions 18-51and 18-52. The new mayor and city council past but I fresh page. l,m not diminishing the seriousness of the past issues or decisions that were made in the cohesive team and feel it is time for the city council to move forward in a positive manner as a stronS and continue the process of making La Verne the best city it can be' Marlene Carney La Verne
1
24 Monday, July 20, 2020, City Council Meeting Page No. 13 tta..a tQ o.r:d..o cocr-rr"il UtAilvr* Estrella \
Flom: Pam Berry < [email protected] > Sent: Monday, March 16, 2020 3:14 PM To: Debra Fritz; Lupe Estrella Subject: Public Comment - 3/L6/20 (Regarding Item 78)
Good afternoon,
Regarding ltem 78 on the agenda... has I am sending this comment in favor of the termination of Resolutions 18-51 & 18-52. Our council and voting on incomplete information been divideJ and functioning with only pockets of discussion - since these resolutions tooliaffect, Uec'ause the committee discussion only has the input and ears of two of our five elected officials on iitigation or contract negotiations. Our city is negatively impacte-d and residents are tired of the divisiori and it is time to move forward with our newly elected council in of ana mayor tutty engaged as one unit for the betterment of our city, La Verne. Please vote favor Grriniiing ttrese r-es6tutlons and allow the full council of five to address these important issues as a unit.
Pam Berry La Verne, CA
1
25 Monday, July 20, 2020, City Council Meeting Page No. 14 Pta.rA lb, Jo"ri C0u.nc I 4e*'t'*5 Lupe Estrella '
From: Richard Bowen
Lupe, lf I am not there, I would like to make sure my questions below are read in the comments section. Please confirm. Richard Bowen
From: Richard Bowen Sent: Monday, March L6,2O2O 1L:07 AM To: Lu pe Estre lla
-lf not done today, when will the large Kendrick sign be removed from the corner of Wheeler and Foothill?
-Why do minutes continue to be inaccurate.? Video is for review, minutes are written record of proceedings What is procedure? Who signs off on final minutes?
-when will city announce election results? Not just refer to LAVOTE?
-When will new council be installed?
Please confirm receiPt.
Richard Bowen
1
26 Monday, July 20, 2020, City A(fCouncil &D Meeting HarzA tV, Page No. 15 counci \ Nteti Lupe Estrella ry
From: Marlene Carney < [email protected] > Sent: Monday, March L6,2020 4:04 PM To: Lupe Estrella; Debra Fritz Su bject: Public Comment
This is a public comment item, Please do not enter into the record or read if it would be more appropriate at the April meeting. I'm not sure when the swearing in ceremony is and if Mayor Kendrick would be present at the April meeting. Thanks.
To: La Verne City Council
Re: Public Comment
Although official election results are not completely finalized I wanted to take an opportunity to congratulate the Mayor-Elect Tim Hepburn and the two new councilmembers, Wendy Lau and Rick Crosby. I also want to take this opportunity to congratulate all of the candidates for their willingness to ru n for local office. They are allwinners Biven the challenges one faces when running a campaign'
city La Verne. Many I want to extend a thank you to council member Charles Rosales for his service to the of good things have happened in La Verne because ofyour dedication, thoughtfulness and actions.
years service as a council And finally I want to extend a thank you to Mayor Don Kendrick for his many of the fine city that it member and Mayor of La Verne, You have been dedicated in you r efforts to make La Verne decisions is. ln conversations we have had, it is clear that you love the city and have always made thoughtful regarding the city. I hope that you will continue to stay involved with city activities and volunteer proud you have commitments. lt is individuals like you that make for a great city and you should feel of all done to contribute to that. lwish you success in all that you choose to do'
Marlene Carney
La Verne
1
27 Monday, July 20, 2020, City Council Meeting Page No. 16 tLa,..A LVt &o ao al Estrella S#W
From: Debra Fritz Sent: Monday, March L6,2020 5:29 PM To: Lupe Estrella Cc: Debra Fritz Subject: FW: Public comment #6 -3/L6/20
Lupe, Here is another one.
Debra
From : Katherine Kalousek [ma ilto: kkalousek@coldwell banker.com] Sent: Monday, March L6,2020 4:58 PM To: Debra Fritz Subject: Public comm ent-3 I L6l 20
I really wanted to be there to say this in person, but I just wanted to take a moment to express my deep gratitude for allthat Mayor Don Kendrick has done for our city in his 23 plus years of service to us. His presence on the council will surely be missed, as he always went over and above the call of duty for our great city!!!
THANKYOU!!!
Sincerely,
Kathy Kalousek 909-2L3-4027 22423rd St.
1
28 Monday, July 20, 2020, City Council Meeting Page No. 17
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA VERNE HELD IN THE COUNCIL CHAMBERS OF THE LA VERNE CITY HALL Tuesday, Ma(ch 24,2O2O
'l A regular meeting of the La Verne City Council was called to order by Mayor Kendrick at 2:00 p.m
2 Council Members present: Mayor Don Kendrick Council Member Robin Carder Council Member Tim Hepburn Council Member Muir Davis
Absent: Mayor Pro Tem Charlie Rosales
Advisory personnel present: City Manager Robert Russi City Attorney Robert L. Kress Assistant City Manager/Public Works Director Dan Keesey Assistant City Clerk Lupe Gaeta Estrella Community Development Director Eric Scherer Community Services Director Bill Aguirre Police Chief Nick Paz lnterim Fire Chief Kirk Summers Finance Manager Nathan Statham Personnel Officer JR Ranells Senior Management Analyst Christy Lopez Deputy Public Works Director Anthony Ciotti Recreation Coordinator Yvonne Duran
Pledge of Allegiance was led by Mayor Kendrick
4 Update on the City Response, City Manager Russi reported the City's response to the Coronavirus (COVID- Actives and Changes in 19) pandemic. He thanked and commended City Hall Staff, Public Works, Services Related to COVID-19 Streets, Water, Parks, Police, Fire, for their diligence and sustained efforts in response to the COVID-19 pandemic. He stated that on March 21 ,2020, a shelter at home order was issued by the County of Los Angeles. He stated as an effort to keep employees safe, City Hall would be closed to the public as of March 24,2020, but will be still functioning but with modified staff and some employees will be working at home. He stated that updates on the City's response to COVID -19 would be on the City's website to keep the residents informed.
5. Updates from City Departments City Department Heads reported on their department's response to the Coionavirus (COVID-19) pandemic and their efforts in keeping the public and emptoyees safe during this pandemic while still serving the residents of La Verne.
29 Monday, July 20, 2020, City Council Meeting Page No. 18 City Council Minutes, Tuesday , March 24,2020, Page 2
No. 1093 - Temporarily b Urgency Ordinance No. 1093, City Manager Russi reported on Urgency Ordinance and Commercial Tenants for Non- Temporarily Prohibiting the Pr6hibiting the Eviction of Residential Coronavirus. He stated that as a result of the Eviction of Residential and Payment 6f Rent caused by the (COVID-19), the Governor of California issued Executive Commercial Tenants for Non- Novel Coronavirus protect the public by allowing local Payment of Rent Caused by the Order No. 28-20, which moved to police power to impose substantial limitations Coronavirus governments to exercise its 6n residential and commerciat evictions. ln an effort to assist La Verne residents and business owners an Urgency Ordinance has been drafted which would temporarily prohibit evictions for non-payments.
Mayor Kendrick called for public comment and waited a few minutes for staff to check for public comments recelved by email.
No public comments via emails were received.
The City Council was all in agreement in supporting the Urgency Ordinance 1093, ai a way to help the residents during the COVID-19 crisis..
It was moved by Carder, and seconded by Hepburn, and carried by a vote of 4-0 (Rosales A6sent) to adopt Urgency Ordinance No' 1093, te-mporarily orohibitino residential and commercial evictions in the City of La Verne iintil Aprii30, 2020, unless further extended by the City council.
OF THE Ordinance No. 1093, Ordinance No. 1093 - AN UNCODIFIED URGENCY ORDINANCE Prohibiting the Eviction COUNCIL OF THE CITY OF LA VERNE PROHIBITING THE EVICTION TENANTS FOR Temporarily of Residential and TEMPORARILY OF RESIDENTIAL AND COMMERCIAL Approved' Commercial Tenants for Non- NON- PAYMENT OF RENT CAUSED BY THE CORONAV|RUS Payment of Rent Caused bY the Coronavirus (COVID-1 9) appropriation 7 COVID-19 EmergencY City Manager Russi reported on the COVID-19 emergency posed by COVID-19' Appropriation Request request. HTe stated that in response to the health threat City Departments have begunto incur or expect to incur emergency related op6rational and personnel costs. Currently, there is a need to request additional appropriations for operational supplies and services specific to covrD-19.
Mayor Kendrick called for public comment and waited a few minutes for staff to check for public comments received by email.
No public comments via emails were received.
It was moved by Hepburn, seconded by Davis, and carried by a vote of 4-0 emergency supplles lnosales Absent) to appropriate $50,OOO for COVID-19 and services from the Citys General Fund emergency contingency reserve'
30 Monday, July 20, 2020, City Council Meeting Page No. 19 City Council Minutes, Tuesday, March 24, 2020, Page 3
8 Moratorium on Water Service Public Works Director/Assistant City Manager Keesey reported on the Disconnections and Late Fees Moratorium on water service disconnections and late fees in response to the in Response to the COVID-19 COVID-1g Pandemic. He stated that Governor Newsom requested that Pandemic the Catifornia Public Utilities Commission (CPUC) to monitor measures undertaken by public and private utility providers to implement customer service protections for critical utilities, including but not limited to electric, gas, water, internet, landline telephone and cell phone service in response to COVID-1g. He recommended that a moratorium be placed on water service disconnections and late fees for non-payment of municipal services bills between March 4,2O2O lo April 30, 2020 and a moratorium also be imposed on 1) late fees on business licenses and 2) late fees and-penalty interest for transient occupancy tax returns for the 1st quarter of 2020 due by April 30, 2020.
Mayor Kendrick called for public comment and waited a few minutes for staff to check for public comments received by email
No public comments emails were received.
It was moved by Carder, seconded by Hepburn and canied by a vote of4-0 (Rosales Abseit) to authorize via minute motion a moratorium on water iervice disconnections and late fees for non-payment of municipal services bills between March 4, 2020 to April 30' 2020 in response to the COVID-19 oandemic. And authorized a moratorlum also be imposed on 1) late fees on Lusiness licenses and 2) late fees and penalty interest for transient occupancy tax returns fo; the 1"r quarter of 2020 due by April 30' 2O2O'
for extension of pay and benefits 6 Extension of PaY and Benefits Citv Manaoer Russi reported on the request in compliance with Los Angeles for Employees Designated as tor'emptoyies Oesign;ted as Non-Essential of Los Anggles-ll:?lth Officer Non-Essential in ComPliance Cornt/" bafer at Hl-ome Order. The County (Order) March 21,2020, requiring all with Los Angeles CountY's isiuei a reviseo Safer at Home order on place except as needed to Safer at Home Order inaiviauaf to stay home or in their of residence, maintiin continu'rty of operations of critical infrastructure sectors To be in l"rpii"*" t itt tlie oroer, Department Heads have identified "Essential" and 'tlo,i-essentiat" employees. Staff requested that the City Council confirm the of pay and bLnefits for Non-Essential employees requested to work "*i"n"iona modified schedule or be on-call as needed.
MavorKendrickcalledforpubliccommentandwaitedafewminutesforstaffto check for public comments received by email.
No public comments via emails were received'
The City Council all agreed it was important to support the employees and keep them safe.
Itwas moved by Davis, seconded by Hepburn, and caried bya vote of 4-0 i-noiir"" noi",itl to auihorize the eitension of pay and benefits-for employees i;;is;;t"i; N6n-Essential who are requested to work a- modified schedule i. clmpliance with Los Angeles County's Safer at Home order' "iiE ".-*ff on This was the time set aside for anyone wishing to address the City Council 10. Public Comment called for ii"r" not ii"iea in any other place on the agenda' Mayor Kendrick public comment.
31 Monday, July 20, 2020, City Council Meeting Page No. 20 City Council Minutes, Tuesday, March 24,2020, Page 4
Mayor Kendrick called for public comment and waited a few minutes for statf to check for public comments received by email.
No public comments via emails were received.
11. Council Comments Council Member Hepburn reported on a donation of masks for City Hall. He urged residents to stay calm, sleep, eat well, exercise, keep in contact with family and stay safe by staying home.
Council Member Carder thanked the all the Department heads for their report and their efforts to protect the community and City employees She stated she appreciates all the City employees and their efforts. She reported on National rike Out Day and she urged residents to support their local restaurants. She spoke about ihe non- essential businesses that are closed and that there is a dire need to support these businesses and that the City needs to look into what can be done to help them.
Council Member Hepburn suggested that the City could provide a packet of information to help streamline what is available to help La Verne businesses'
Council Member Davis stated that open conversation between landlords and tenants is needed during this crisis.
Adjournment at 3:41 Pm.
Respectfully submitted,
Lupe Gaeta Estrella, CMC Assistant City Clerk
32 Monday, July 20, 2020, City Council Meeting Page No. 21
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA VERNE HELO IN THE COUNCIL CHAMBERS OF THE LA VERNE CITY HALL Monday, April 6, 2020
1. In order to minimize the spread of the COVID 19 Virus, Governor Newsom has issued Executive Orders that temporarily suspend requirements of the Brown AcL The meeting was closed to the public.
2. A regular meeting of the La Verne City Council was called to order by Mayor Kendrick at 6:30 pm.
3. Council Members present Mayor Don Kendrick Council Member Robin Carder Council Member Tim Hepburn (Mayor Elect) Council Member Muir Davis
Absent: Mayor Pro Tem Charlie Rosales
Advisory personnel present: City Manager Robert Russi City Attorney Robert L. Kress Assistant City Manager/Public Works Director Dan Keesey Assistant City Clerk Lupe Gaeta Estrella Personnel Officer JR Ranells
4. Pledge of Allegiance was led by Mayor Kendrick.
E Reciting the Facts of the Assistant City Clerk Estrella recited the Facts of the Consolidated General Consolidated General Municipal Election held on March 3, 2020, and declared such other matters as Municipal Election held on provided by law. She requested that the City Council confirm the-Certificate of March 3, 2O20, and Declaring the Canvais of Election Returns submitted by the County of Los Angeles such other matters as Register Recorder/CountY Clerk. provided by law Assistant City Clerk Estrella stated that based on the official canvass by the County of Los Angeles, the following candidates were elected to office:
Tim Hepburn, Mayor for a two-year term or until l//.arch 2022
Rick crosby, Council Memberfor a four-yearterm or until March 2024
Wendy M, Lau, Council Memberfor a four-year term oruntil March 2024
It was moved by Hepburn, seconded by Davis, and carrled by a vote of 4-0 (Rosales absent) to approved Resolution No. 20 -18, reciting the facts of the bonsolidated Gdnerai Municipal Election held on the 3rd day of March 2020, declaring the result and other such matters as provided by law'
33 Monday, July 20, 2020, City Council Meeting Page No. 22 City Council Minutes, Regular Meeting, Monday, April 6, 2020, Page 2
Resolution No. 20-18, BeroEtigLue.2cl! - A RESOLUTION oF THE CITY CoUNCIL OF THE Reciting the Fact of the CITY OF LAVERNE, COUNTY OF LOS ANGELES, STATE OF Consolidated General Election CALIFORNIA, RECITING THE FACT OF THE CONSOLIDATED Held on March 3, 2020, and GENERAL MUNICIPAL ELECTION HELD ON MARCH 3, 2020, AND Declaring the Result DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Approved.
Mayor Hepburn called for public comment.
Public comment received via emails were read by Personnel Manager Ranells for the following:
Kathy Kalousek and Terry Prentice La Verne residents (emails attached.)
Before vacating his seat outgoing Mayor Kendrick spoke in length of his accomplishments during his 23 years of service on the Planning Commission and City Council. He stated it was an honor to serve as Mayor of La Verne and he thanked and commended all the City Employees for their service to the community.
Council Members Carder and Davis also thanked and commended outgoing Mayor Kendrick and Mayor Pro Tem Rosales for their leadership and mentorship. They welcomed the new Council members.
6. lnstallation of Officers hEtrllatioLAlAfficett-- The Oaths of Office were administered by Assistant City Clerk Lupe Gaeta Estrella, as follows:
MayorTim Hepbum council Member Rick Crosby council MemberWendy M. lau
7 Remarks by Mayor Hepburn Mayor Hepburn stated he looked foruard to serving the residents of La Verne and Council Members Crosby and working with the new City Council members. and Lau. Council Member Lau thanked the Community for their trust and support in electing her to City Council and promised not to let them down.
Council Member Crosby congratulated Mayor Tim Hepburn and Council Member Lau for being elected to City Council and that it's an honor to work with the City Council. He thanked his wife for her support and thanked the La Verne residents for giving him this opportunity.
Mayor Hepburn also congratulated Council Members Crosby and Lau for being elected to the City Council and he stiated he looked forward to working with them. He stated he was humbled by the trust and faith put in him by the residents of La Verne. He thanked his wife for her support. He also thanked his family, friends and campalgn team for their hard work and support. He thanked the first responders and City staff for keeping everyone safe during this COVID -19 pandemic. He stated he looked forward to serving as the Mayor of La Verne.
8. Update on COVID-19 City Manager Russi gave a status report on the City's response and operation efforts on COVID-19. He summarized the calendar of events pertaining to the pandemic and what the City is doing to protect first responders, City staff, and the Community.
34 Monday, July 20, 2020, City Council Meeting Page No. 23 City Council Minutes, Regular Meeting, Monday, April 6, 2020, Page 3
I Announcements of Upcoming ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS (Any person who Events wishes to make a brief announcement of a future community event that is open to the general public may do so at this time
Mayor Hepburn called for any public announcements and waited a few minutes for staff to check email.
There was none.
10. Rotation of Mayor Pro Tem City Manager Russi reported on the Rotation of Mayor Pro Tem. He stated that ttre City Council has followed a formal procedure for the rotation of the office of Mayor Pro Tem since 1993 and that the policy is reaffirmed annually. Attactied is an updated Resolution establishing the rotation policy of the office of Mayor Pro Tem.
Mayor Hepburn called for public comment and waited a few minutes for staff to check for public comments received via email.
There was none.
It was moved by Davis, seconded by Lau, to approve Resolution No. 20-19, establishing procedures for selecting a Mayor Pro Tem pursuant to California Government Code Section 26801 and repealing Resolution No. 16-19; and that pursuant to Resolution No. 2O-19, the City Council appoint Robin Carder as Mayor Pro Tem for a one-year term, or until the second Council meeting in March 2021.
OF THE Resolution No. 20-19, A RESOLUTION OF THE CITY COUNCIL Establishing Procedures for CITY OF LAVERNE, COU NTY OF LOS ANGELES, STATE OF A Selecting a Mayor Pro Tem CALIFORNIA, ESTABLISHI NG PROCEDURES FOR SELECTING MAYOR PRO TEM PURS UANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTI ON 26801 AND REPEALING RESOLUTION NO. 16-19. Approved.
seconded by Carder, and unanimously carried to 11 . Consent Calendar lt was moved by Davis, approve the Consent Calendar ltems, as follows:
Register of Audited Demands Reoister of Audited Demands for the following:
ln the amount of $1,233,304.95, dated March 11, 2020 ln the amount of $458,354.36, dated March 18' 2O2O; and ln the amount of $251,543.97, dated March 25, 2020
Staff recommended approval of the Register of Audited Demands Approved'
Month of Januarv. 2020 received and filed Treasurer's Report for the Treasure/s Renort for the , Month of January, 2020,
35 Monday, July 20, 2020, City Council Meeting Page No. 24 City Council Minutes, Regular Meeting, Monday, April 6,2020, Page 4
Outstanding Older American Outstandino Older American Selection - On February 19,2020, the Senior Selection Advisory Committee nominated one senior citizen for the Outstanding Older American Award. This recognition is part of the Los Angeles County Commission for Older Adults 55th Annual Older Americans Recognition Day (OARD) Awards Program, which honors a senior citizen from each city in Los Angeles County. The Senior Advisory Committee recommends that Diane Victor be nominated as the City's Outstanding Older American. Mrs. Victor resides in La Verne and has dedicated countless hours of service to the community.
Staff and the Senior Advisory Committee recommended that the City Council approve the nomination of Diane Victor as the Outstanding Older American representing the City of La Verne. Approved,
Staff recommended approval and passage of the following Resolutions:
Resolution No. 20-20 and Resolution No. 20-20 and Resolution No. 20-21 - Me ure LV Sales Tax Resolution No. 20-21 - Administration reements with California Department of Tax and Fee Measure LV Sales Tax AdminisJration - Sales taxes from Measure LV will be collected by the Administration Agreements California Department of Tax and Fee Administration (CDTFA). Resolution with California Department of No. 20-20, authorizes the City Manager to enter into two agreements with Tax and Fee Administration CDTFA for this purpose and Resolution No. 20-21, gives authorization for City Staff to review sales tax return information collected by CDTFA. Approved.
Resolution No. 20-20, Resolution No. 20-20 - A RESOLUTION OF THE CITY COUNCIL OF An Agreement with the THE CITY OF LAVERNE, COUNTY OF LOS ANGELES, STATE OF California Department of Tax CALIFORNIA, AUTHORIZING THE EXECUTION OF AGREEMENTS WITH Fee Administration for THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION lmplementation of Local FOR IMPLEMENTATION OF LOCAL TRANSACTIONS ANDUSETAX Transaction and Use Tax COLLECTION. Approved. Collection
Resolution No. 20-21, Resolution No. 20-21 - A RESOLUTION OF THE CITY COUNCIL OF Authoring the Examination of THE CITY OF LAVERNE, COUNTY OF LOS ANGELES, STATE OF Transactions (Sales) and Use CALIFORNIA, AUTHORIZING THE EXAMINATION OF TRANSACTIONS Tax Records (SALES) AND USE TAX RECORDS . Approved.
Resolution No. 20-22, Resolution No. 20-22 - A RESOLUTION OF THE CITY COUNCIL OF Three-Year Agreement with the Tnr ctrY oF LAVERNE, couNTY oF Los ANGELES, STATE OF City of Pomona for Jail Services CALIFORNIA, AUTHORIZING A THREE.YEAR AGREEMENTWITH THE and Booking and Housing of CITY OF POMONA FOR JAIL SERVICES AND BOOKING AND HOUSING Prisoners at the City of Pomona OF PRISONERS AT THE CITY OF POMONA - At the La Verne City Council Meeting on July 15, 2019, Council gave direction to finalize an .agreement with tha City of Pomona for the booking and housing of La Verne's arrestees' On March lA, ZOzO, the Pomona City Council approved thejail contract and the contract was brought back for ratification by the La Verne City council' Approved.
Staff recommended that the City Council approve Resolution 20-22' allowing the La Verne Police Department to contract for three-ye-ars with the City of iomona for booking, housing and the care and custody of arrestees at the Pomona Cily Jail. APProved.
36 Monday, July 20, 2020, City Council Meeting Page No. 25 City Council Minutes, Regular Meeting, Monday, April6, 2020, Page 5
Resolution No. 20-25, Resolution No. 20-25 - A RESOLUTION OF THE Clry COUNCIL OF Designating Agent(s) for the THE CITY OF LAVERNE, COUNTY OF LOS ANGELES, STATE OF Purpose of Applying for CALTFORNTA, DESTGNATING ITS AGENT(S) FOR THE PURPOSE OF Financial Assistance to the APPLYING FOR FINANCIAL ASSISTANCE TO THE STATE OFFICE OF State Office of Emergency EMERGENCY SERVICES - Occasionally, a local emergency may be declared Services as a result of natural or manmade events, including earthquakes, floods, and fires. Local agencies may qualify for emergency financial assistance through the California Office of Emergency Services (CalOES) depending upon the scope and financial impact of the event. CaIOES requires that an agency designate authorized agents to act on behalf of the agency. Approved.
Staff recommended approval of Resolution No. 20-25, authorizing the Director of Public Works, Director of Community Development, and the Finance Officer to act as the City's authorized agents regarding emergency financial assistance applications and related documents through the California Office of EmergencyServices. Approved.
12. Community Development Block Principal Planner Bowcock reported on the Community Development Block Grant Program for 2020-2021 Grant Program for 2020-2021. She stated that this is the 46th 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 $151,628 in Community Development Block Grant (CDBG) funds. Staff is continuing to work with the Community Development Commission to allocate the remaining portion of the grant to benefit the City of La Verne.
Mayor Hepburn called for public comment and waited a few minutes for staff to check for public comments received by email.
There was none.
The recommendation was made after consideration of the federal allocation requirements and the desire to continue the existing public service program ln addition, it is recommended that the City Council should approve Resolution No. 20-23, approving participation in the 2020-21 Community Development Block Grant Program.
It was moved by Davis, seconded by Crosby, and unanimously carried to approve Resolution No. 20-23, approving participation inlhe2020-21 Community Development Block Grant Program and approve the allocation of the2020-2021 Community Development Block Grant (CDBG) funds as follows:
1 CDBG Allocation 51,628
201 71 799 ior Lunch 745 11 000 30 20-21 111 989
37 Monday, July 20, 2020, City Council Meeting Page No. 26 City Council Minutes, Regular Meeting, Monday, April 6, 2020, Page 6
Resolution No. 20-23, - A RESOLUTION OF THE CITY COUNCIL OF THE CITY Approving Participation in the OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, Community Development Block APPROVING PARTICIPATION IN THE COMMUNITY DEVELOPMENT Grant Program and Selecting BLOCKGRANT PROGRAM AND SELECTING CERTAIN PROJECTS FOR Certain Projects for Funding in FUNDING lN THE FISCAL YEAR 2O2O-2021. Approved. Fiscal Year 2020-21
13. Agreement for Employment City Manager Russi reported on the Agreement for Employment with Mark with Mark Alvarado, Resolution Alvarado, Resolution No. 20-24 He presented an amended Resolution No.20-24 extending Mark Alvarado employment to December 31, 2020. He stated he was recommending the extension in case more time is needed for recruiting a Director of Finance. Mark Alvarado and the City are desirous to enter into an interim employment agreement pursuantto California Code Section 2122'l(h).
Mayor Hepburn called for public comment and waited a few minutes for statf to check for public comments received via email.
There was none.
It was moved by Carder, seconded by Lau, and unanimously carried to approve Resolution No.20-24, authorizing the City Manager to execute an agreement with Mark Alvarado to provide interim, part-time employment.
Resolution No. 20-24, I A RESOLUTION OF THE CITY COUNCIL OF THE Agreement with "Retired CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF Annuitant " Mark Alvarado for CALIFORNIA, AUTHORIZING AN AGREEMENT WITH'RETIRED lnterim Director of Finance ANNUITANT"MARKALVARADO FOR INTERIM DIRECTOR OF FINANCE Services SERVICES AND AUTHORIZING THE CITY MANAGERTOEXECUTE SAME. Approved.
14. Older Outstanding American The City Council and City Manager Russi congratulated Diane Victor for being selected as the Outstanding Older American representing the City of LaVerne and spoke of her many accomplishments.
15. 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.
JR Ranells, Personnel Officer read the public comments received via email from the followings (Emails attached.)
Jim Murphy, La Verne Resident Terry Prentice, La Verne Resident Chrii Gendreau and Susan Wickman, La Verne Business Owners Kathy Kalousek, La Verne Resident
16. Council Comments Mayor Pro Tem Carder stated that the City must work together to- move forward. She spoke about her volunteer etforts to help seniors. She urged residents to stay home, keep safe, check on seniors and support local businesses. She welcomed the new City Council Members.
Council Member Davis agreed with Mayor Pro Tem Carder. He also welcomed the new Council Members and he congratulated Tim Hepburn for being elected Mayor.
38 Monday, July 20, 2020, City Council Meeting Page No. 27 City Council Minutes, Regular Meeting, Monday, April 6, 2020, Page 7
Council Member Crosby stated he was honored to serve on the City Council. He reminded everyone that Aprn 1,2020 is Census Day and for residents to complete their census. ln addition, he stated that the month of April, 2020, is Autism Awareness Month. He too, urged residents to stay safe, wear your masks, and check on senior citizens.
Council Member Lau thanked outgoing Mayor Kendrick and Mayor Pro Tem Rosales for laying the foundation on how to be a good Council. She stated she is excited to be on the City Council. She congratulated Mayor Hepburn. She spoke about the Easter Event on the City's website. She too urged everyone to stay safe, rest, support your local restaurants by ordering take out.
Mayor Hepburn congratulated and welcomed new Council Member Lau and Crosby and the he looked forward to working with them. He thanked the Assistant City Clerk Estrella for her extraordinary work on the election. He stated that La Verne is a great City and it will endure this pandemic. He too, urged residents to stay safe and to check on family.
17 . Public Comment City Manager Russi read a public comment received by email Richard Bowen that was overlooked. (Email attached)
18. Citizen Oversight Committee City Manager reported that nineteen ( 19) applications were received for the Measure LV Citizen Oversight Committee (Measure LV). He stated that City Council would be asked for further direction on how to they wish to narrow it down to five (5) applicants to interview.
19. Closed Session TheCityCouncil recessed at 8:15 pm, to meet in closed session forthe following purpose:
Negotiators: Clty Managerand Personnel Officer
Employee Organization(s): La Verne Firefighters Association
18. Adjournment at 10:10 pm
Respectfully submitted,
Lupe Gaeta Estrella, CMC Assistant City CIerk
39 Monday, July 20, 2020, City Council Meeting Pagettttee-,*'^5 No. 28 Apnt u, aoDo Qout'ncLt Lupe Estrella
From: Jim Murphy
Bob/Lupe,
As I understand it, until our City Council meetings are reopened to the pubtic, we have the opportunity to submit public comments to you. Ptease read the fo[towing at the Aprit 6, 2020 city counciI meeting.
At the March 16, 2020 City Council, meeting, Resotution 20-16 was passed with a 3-0 vote (Kendrick recused/Rosates absent). This resolution terminated Resolutions 18-51 and 18-52, effectively restoring futl Counci[ participation in ctosed session discussions regarding labor negotiations and matters involving litigation. The otd resolutions were warranted at the time as confirmed by the evidence used to create them. However, it is again time for our City to reatize the ful.t benefit of the City Councit on atl matters, both in pubtic and confidential forums, so this is a positive move to bring this City back together.
The sponsors of Resotution 20-16, Councilmembers Davis and Carder, cited in their remarks that most emptoyee contract negotiations were already conctuded, The remaining contract to be negotiated with an emptoyee group is with the La Verne Firefighters Association. This is the same group that was at the center of the actions that divided the Council in ctosed session back in 2018. Their contract negotiation has been unresolved since June 2017,ll is wetl past time to get their contract ratified and current with the other employee groups. With the history of this union's prior contract negotiations and the fact that their endorsement of the newly elected mayor went far beyond the definition of " candidate endorsement", I am requesting that Mayor Hepburn agree now to recuse himsetf from any ctosed session discussions retating to LVFA's current contract negotiations. Anything less woutd have the appearance of resetting the impropriety of the past and resu[t in a ctear conftict of interest, in the wake of the campaign activity we just witnessed. This woutd demonstrate to the citizens of La Verne that our city government wi[[ operate at the highest [eve[ of integrity and transparency.
Thank you, Mr. Hepburn, for your consideration in doing the right thing in this matter.
1 40 Monday, July 20, 2020, City Council Meeting Page No. 29 AprLl tr, ao2o Crr.r,rctt nteeaty
Sunday, April 5, 2020
Mayor, City Council Members, City Manager, City Attorney, City Clerk
I would first like to acknowledge the lifetime of service to this nation and especially to this City from Mayor Don Kendrick.
Don, has been a very fine Mayor, making all the members of the City Council better due to his vision, attitude of public service, and good judgement. He has also been an outstanding Ambassador for the City of La Verne, working with all the City's civic groups, service communities, non-profit entities, the youth training program with the Fairplex, the Downtown Business District Association, the Bonita Unified School District, and the University of La Verne, to name just a few. He has been professional, gracious, and unfailing polite to all, even his critics.
His life has been that of public service. His family having been involved in the early development of this City. His service in the United States Navy as a submariner. His commitment of service to this City by serving on various committees, commissions, the City Council as both a Council Member and as Mayor. A life of service well lived and an example of all who follow in his footsteps.
Next, I would like to acknowledge a similar lifetime of service to this nation and City by Council Member Charlie Rosales. Charlie served this nation in our military and then went on to a distinguished career in law enforcement as a Police Officer of a neighboring City. He then served this City on various committees, commissions, and several terms as a council Member; finishing his service as the Mayor Pro Tem. Another life of service well served and another example to those who follow him in the service to this great City.
I congratulate those who have been elected to serve on our City Council for the next term. We, as a City, have a number of challenges ahead of us in this upcoming term. lt is my hope that all City Council Members adhere to a strong ethical standard and use good judgement in deciding all issues that come before the Council. The City of La Verne has a long history of good city government and management and it is my hope and desire that we continue in the path of making
41 Monday, July 20, 2020, City Council Meeting Page No. 30
good prudent financial decisions that will have a positive effect on many generations to follow. ln several meetings that executive members of the La Verne Fire Fighters Assn held at the Bagelry recently, there was a promise made to those of us attending that all past grievances would be put aside, and they would return to the negotiating table to settle outstanding labor and compensation issues. lt was represented that they had already reached out to the negotiators for the City to resume negotiations. lt is incumbent upon all persons involved that the negotiations are conducted as required; good faith negotiations. That means that each party respects not only the person ofthe opposing party but also respects their respective positions. There should be no violation of confidentiality by any person connected to these negotiations.
It will be evident that the recent passage of the sales tax initiative will be of significant value in this coming year. The pandemic that has caused disruption to all of us will have a devastating effect upon sales tax revenue in the coming months. Market analysts have projected that approximately 20 percent of restaurants and bars will not reopen. The increased tax on the remaining retail sales will be of great importance to our City's financial survival.
I wish you all well in your service to this community and may you and your families remain safe during this time of uncertainty.
Terry Prentice
42 Monday, July 20, 2020, City Council Meeting Page No. 31 9DZC €.y"nrt I Ap\o, 'Ateefi Lu e Estrella
From: Chaseslaverne < chaseslaverne@g mail.com > Sent: Sunday, April 05, 2020 l-1:08 AM To: Lupe Estrella Subject: Question for council meeting April 6 ln light of the divisiveness of our last election where by the firefighters and their union overtly supported the currlnt mayor well beyond any sense of norm and rules, Does it not make sense for the Mayor to recuse himself with all thingsiegarding compensation for the firefighters and their union? Remember the texts between Hepburn and Bonano Hepburn: Russi is sh.ting his pants Bonano. Good, thanks again , we need to get your mayoral campaign started now, good nite
Thank you Chris Gendreau Susan Wickman La Verne business owners
Sent from my iPhone
1
43 Monday, July 20, 2020, City Council Meeting Ao&g councul t{e*iPage Y"3 No. 32 fun I G r Lu Estrella
From: Katherine Kalousek < [email protected]> Sent: Monday, April 05, 2020 5:0L PM To: City Clerk Su bject: City council meeting 4/6/20 public comments
Please add to the public comments...
I wish that circumstances were different and we could all be there to honor 2 great men that have done such an amazing job serving our city. Mayor Don Kendrick, and Mayor pro-tem Charlie Rosales. These gentlemen have worked tirelessly for the good of our city and really deserved to have a huge thank you party with lots of fan fair ! They are shining examples of how community leaders should be, and their presence on council will surely be missed!!!
Secondly, do we have a timeline of when we can expect the firefighter's association to siSn a contract? My understanding is this is the only city employee group that doesn't have a contract signed. I hope that the new mayor and all council members will fight to keep our dept. local.
Thankyou!
Kathy Kalousek 9 O9-2L3-4027 2242 3td St.
1 44 Monday, July 20, 2020, City Council Meeting Page No. 33 h"l Gi a.otD (ouncr,[ [te.*i Lupe Estrella 5
From: Richard Bowen < [email protected] > Sent: Monday, April 06, 2020 8:02 PM To: Lupe Estrella Subject: comment
The hit squad returns. Murphy, Kalousek, Pretice and Gendraux al contributed to the smear compaiSn against Hepburn. Shame on them.
1
45 Monday, July 20, 2020, City Council Meeting Page No. 34
MINUTES OF SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA VERNE HELD IN THE COUNCIL CHAMBERS OF THE LA VERNE CITY HALL Monday, April 13,2020
1 ln order to minimize the spread of the COVID 19 Virus, Governor Newsom has issued Executive Orders that temporarily suspend requirements of the Brown Act. The Council Members attended this closed session meeting via teleconference.
2. A Special meeting of the La Verne City Council was called to order by Mayor Hepburn at 4:00 pm.
3. Council Members present: Mayor Tim Hepburn Mayor Pro Tem Robin Carder Council Member Muir Davis Council Member Wendy Lau Council Member Rick Crosby
Absent: None.
Advisory personnel present: City Manager Robert Russi City Attorney Robert L. Kress Assistant City Manager/Public Works Director Dan Keesey
? Pledge of Allegiance was led by Mayor Hepburn.
4 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 a few minutes for staff to check for public commentrs received via email.
There was none.
5. Closed Session At 4:10 pm, City Council recessed to closed session to meet with legal counsel for the following:
Significant exposure to litigation pursuant to Government Code section 54956.9 (d) (2) (e) (3). One potential case.
To determine whether or not to initiate litigation pursuant to Government Code section 54956.9 (d) (4). One potential case.
6. Adjournment at 5:04 pm
Respectfully submitted,
Bob Russi City Manager
46 Monday, July 20, 2020, City Council Meeting Page No. 35
MINUTES OF A REGUALR MEETING OF THE CITY COUNCIL OF THE CITY OF LA VERNE HELD IN THE COUNCIL CHAMBERS OF THE LA VERNE CITY HALL Monday, April 20, 2020
1 . ln 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 and La Verne City Council Members attended this meeting telephonically.
2. A regular meeting of the La Verne City Council was called to order by Mayor Tim Hepburn at 6:30 pm.
3. Council Members present MayorTim Hepburn Mayor Pro Tem Robin Carder Council Member Muir Davis Council Member Wendy Lau Council Member Rick Crosby
Absent: None
Advisory personnel present: City Manager Robert Russi City Attorney Robert L. Kress Assistant City Manager/Public Works Director Dan Keesey Assistant City Clerk Lupe Gaeta Estrella lnterim Fire Chief Devin Leonard Personnel Officer JR Ranells
4. Pledge of Allegiance was led by Mayor Hepburn.
E Announcements of Upcoming ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS (Any person who Community Events wishes to make a brief announcement of a future community event that is open to the general public may do so at this time.)
Mayor Hepburn called for public announcements of upcoming events. He waited a few minutes for staff to check for public comments received by email.
There was none
6. Consent Calendar It was moved by Carder seconded by Hepburn, and unanimously carried to accept, approve, or act on the Consent Calendar items.
City Council Minutes of Citv Councif Minutes of Februarv 3. 2020 , rcceived and filed. Febtuary 3,2020
Register of Audited Demands Reqister of Audited Demands in the amount of $256,707.17 , dated March 25,2020, and in the amountol $1,174,087.26, dated April 8,2020. Approved as recommended by staff.
Treasurer's Report for the Treasurer's Report for the Month of Februarv. 2020 , received and filed. Month of February, 2020,
47 Monday, July 20, 2020, City Council Meeting Page No. 36 City Council Minutes, Monday, Aptil20,2020, Page2
Appointment to Public Financing Authority for the ina - With the County of Los Angeles Enhanced Infrastructure ag reeing to participate in La verne's Enhanced lnfrastructure Financing District Financing District (El FD), the Council had previously identified former Mayor Pro Tem Rosales and current Mayor Pro Tem Carder as the two elected officials on the five (5) person Public Financing Authority (PFA). Mayor Hepburn had previously been appointed to the PFA when it was first established prior to the County's partici pation, but volunteered to stepdown once County Supervisor Barger was required to be a member per State law. As former Mayor Pro Tem Rosales' seat is now vacant, it would be appropriate for Mayor Hepburn to be re- appolnted to the PFA.
Staff recommended that the City Council re-appoint Mayor Hepburn to the Public Financing Authority for the Enhanced lnfrastructure Financing District. Approved.
Resolution No. 20-26, Resolution No. 20-26 - A RESOLUTION OF THE CITY COUNCIL oF THE Public Works Contract with C Y OT LN VCNNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PTM General Engineering AUTHORIZING EXECUTION OF A PUBLIC WORKS CONTRACT WITH PTM Services, lnc for the Durward GENERAL ENGINEERING SERVCES, INC. FOR THE DURWARD WAY AND Way and White Avenue Traffic WHITE AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT FEDERAL Signal lmprovements PROJECT NO. HSIPL-5149(021). - The City recently solicited bids for a new traffic signal at the intersection of White Avenue and Durward Way. Bids were receiveJand opened for the project on March 3, 2020 with a total of six (6) bids received for this project. Majority funding for the project is provided by a federal Highway Safety lmprovement Program grant with additional funding provided by development assessments and gas taxes.
Staff recommended that the City Council approve Resolution No. 20-26' awarding to the second lowest bidder PTM General Engineering Services, lnc. for ihe DuMard Way and White Avenue Traffic Signal lmprovements Project Federal Project No. HSIPL-5149(021), and to reject allother bids. The low-est bid did not meet the responsiveness standards in submitting a complete and thorough bid. Staff further recommended that $34,000 be appropriated from Fund 206 - Gas Tax Capital lmprovement Program to fund the balance of the project. Approved.
Resolution No. 20-27, Resotution No. 20-27 - A RESOLUTION OF THE CITY COUNCIL OF THE Authorizing Application, for and CITY OF LA VERNE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, Receipt of Local Government AUTHORIZING APPLICATION FOR, AND RECEIPT OF, LOCAL ThE Planning Support Grant GOVERNMENT PLANNING SUPPORT GRANT PROGRAM FUNDS. Local Program Funds State Department of Housing and Community Development's.(HCD) Government Planning Support Grants Program provides funding to local jurisdictions preparing and adopting planning documenq'-as.yeJl as process i.pror"r"nt", *hich accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment The City is eligible to apply for funding through this program and.as part of the apitication procesi, the City must adopt a resolution authorizing_application tor, anO recbipt ot, Local Government Planning Support Grants Program funds' Approved.
48 Monday, July 20, 2020, City Council Meeting Page No. 37 City Council Minutes, Monday, April 20, 2020, Page 3
Staff recommended that the City Council adopt Resolution No. 20-27' authorizing staff to submit an application for the HCO Local Government Planning Support Grants Program, also referred to as the Local Early Action Plannina Grants Program, and authorizing the City Manager to enter into a State oicalifornia Agreement to receive grant program funds, if the application is approved. Approved.
Resolution No. 20-28, - A RESOLUTION OF THE CITY COUNCIL OF THE Authorizing a Project List as CITY OF LA VERNE, COUNTY OF LOS ANG ELES, STATE OF CALIFORNIA Required by Senate Bill 1, the AUTHORIZING A PROJECT LIST AS REQUIRED BY SENATE BILL 1: THE Road Repair and Accountability ROAD REPAIR AND ACCOUNTABILITY ACT - ln April 2017, Governor Brown Act signed into law Senate Bill 1 (SB1), also referred to as the Road Repair and Accountability Act (RRAA) of 2017. SBI provides for increased gas taxes and registration fees, which are to be deposited into the State's Road Maintenance and Rehabilitation Account (RMRA). RMRA funds are apportioned to local agencies each year for basic road maintenance, rehabilitation, and other safety projects. SBI also requires each eligible agency to submit a project list to the California Transportation Commission (CTC) in order to receive these funds. La Verne's allocation for fiscal year 2020/21 is estimated at $61 1,000. Approved.
Staff recommended City Council to adopt Resolution No. 20-28, approving the proposed S81 project list for fiscal year 2020/21. Approved.
7 Update on Fire Department lnterim Fire Chief Leonard gave an update on the brown out of Fire Station 3, Operations recruitment efforts, staff resources and the contract with Care Ambulance. He stated that Care Ambulance would be assisting in transportiation only.
I Urgency Ordinance No. 1094, city Manager Russi reported on Urgency Ordinance No. '1094, repealing Repealing Urgency Ordinance Urgency Ordinance No. 1093, which temporarily prohibited the eviction of No. 1093 Which Temporarily residential and commercial tenants for non-payment of rent caused by the Prohibited lhe Eviction of Coronavirus. He stated that the City Council approved Urgency Ordinance No. Residential and Commercial 1093 at their March 24,2020, special meeting which temporarily prohibited Tenants for Non-Payment of the eviction of residential and commercial tenants for non-payment of rent Rent Caused by the caused by the coronavirus. Subsequent to the adoption of that ordinance, the Coronavirus Governorand the State courts have put in place protection from eviction for the duration of the emergency for those residents and businesses affected by the virus.
Mayor Hepburn called for public comment and waited a few minutes for staff to check for public comments received by email.
Scott Felix communicated by phone that he was in agreementwith the Council repealing Urgency Ordinance No. 1093.
Itwas moved by Carder, seconded by Hepburn, and unanimously carried to approve Urgeniy Ordinance No. 1094, which repeals Urgency Ordinance No. '1093, which previously temporarily prohibited residential and commercial evictions in the City of La Verne until April 30,2020.
49 Monday, July 20, 2020, City Council Meeting Page No. 38 City Council Minutes, Monday, AWil20,2020, Page 4
Ordinance No. 1094, - AN UNCODIFIED URGENCY ORDINANCE OF THE Repealing Urgency Ordinance COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES No. 1093 Which Temporarily STATE OF CALIFORNIA, REPEALING ORDINANCE NO. 1093, Prohibited the Eviction of PROHIBITING THE EVICTION TEMPORARILY OF RESIDENTIAL AND Residential and Commercial COMMERCIAL TENANTS FOR NON-PAYMENT OF RENT CAUSED BY THE Tenants for Non-Payment of CORONAVIRUS. Approved.. Rent Caused by the Coronavirus
9. Council Assignments City Manager Russi reported on the City Council Assignments. He stated that in conjunction with the changes to the City Council as a result of the March 2020 Election, that the Council would now need to review and identify new Council Members to serve as representatives on various committees. The list of Council Assignments was submitted for their review.
Itwas moved by Davis, seconded by Lau, and unanimously carried to appoint City Council representatives to fill vacancies to certain committees as discussed and agreed.
10. 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 (Emails Aftached).
Personnel Officer Ranells read the following public comments from the following (Emails attached):
Rick Sanders Jackson Salinas Fred Faught Jim Murphy Rick Bowen
City Manager responded to public comment from Rick Bowen.
11. Council Comments and Council Member Lau thanked the La Verne Police Dispatchers and Police Meeting/Conference Reports Officers when they responded to call of a wandering individual in her neighborhood. ln additlon, she thanked the La Verne Fire Department and the unsung heroes in the Public Works Department for doing a great job for the City. She urged everyone to be patience, support family friends, and keep safe. She announced that this was the first zoom meeting in the City of La Verne.
Mayor Pro Tem Carder stated she has received many emails concerning businesses In the community and what assistance is available to help them. She reported she reached out to Los Angeles County Supervisor Barger to discuss the County's recovery plan for businesses and what can be done for La Verne. She thanked the many volunteers who have stepped up to help the community and the churches who are assigned to the mobile home parks, all have been outstanding. She spoke about recently volunteering for Sowing Seeds for Life by helping to distribute food at the Fairplex.
Council Member Davis agreed with Mayor Pro Tem Carder and Council Member Lau. He thanked all City employees for their work. He stated that these are challenging times we are facing. He urged residents to stay safe, support La Verne's small businesses.
50 Monday, July 20, 2020, City Council Meeting Page No. 39 City Council Minutes, Monday, April 20, 2020, Page 5
Council Member Crosby also agreed with the other Council Members. He stated he was glad to see the City working on keeping the employees safe. He spoke about the importance of recruiting in the Fire Department. He thanked Police and Fire Departments for keeping the community safe. He reminded everyone to complete their census, donate blood, and support La Verne small businesses.
Mayor Hepburn thanked City Manager Russi and Department Heads for their response to COVID-'19 and the efforts in keeping the employees safe. He spoke about the importance of bringing La Verne Fire Department back up and running and fire recruitment. He spoke about the importance of following the County's guidelines and keeping safe. He spoke about helping La Verne small businesses recovery by forming a Mayoral Task Force to reopen La Verne. He reminded everyone not to forget to wear their mask,
12. Adjournment at to Thursday, April23,2020, at 3:00 p.m. for the Oversight Committee Applicants Verbal Presentations to City Council. Presentations will be conducted via telephone..
Respectfully submitted,
Lupe Gaeta Estrella, CMC Assistant City Clerk
51 Monday, July 20, 2020, City Council Meeting Page No. 40 Cotr'ncit rT[eefin1 Lupe Estrella Apnt A0r aoao
From: Rick Sanders < [email protected]> Sent: Wednesday, April 15, 2020 9:57 PM To: City Clerk Subject: Re: Council meeting public comments
Resending original bounced back
Good evening honorable Mayor, Council, City Manager and Fire Chief. I am a business owner and city resident.
I read on the Fire Facebook page that beginning April 20. 2020 City Fire Ambulance service will be discontinued and replaced with contract CARE Ambulance
I am pleased to see thinking outside the box to solve issues. However, I have a few questions. First, is this a permanent decision? Will the ambulance/paramedic fire service tax be discontinued? Will Residents pay the private ambulance service for transport? Next, will this enhance our Fire engine staffing and finally open Station 3? Finally, Does the Interim Fire Chief see this as a hiring benefit or detriment for retaining/filling/hiring open positions? What is the employee and Unions position on this issue.
I look forward to learning more about this subject from you.
Sincerely,
Rick Sanders 4123 Kimberly Ave La Verne cA 91750 909-753-8247
Sent from my iPhone
Sent from my iPhone
on Apr 15,2020,at 9:55 PM, Rick Sanders
Sent from my iPhone
1
52 Monday, July 20, 2020, City Council Meeting Page No. 41 Czlt''ttwtt l'{ee$11 Lupe Estrella h*f N, d-m
From: Jackson Salinas
Hello I am Jackson Salinas La Verne Resident. I am speaking out to the Mayor and the City Council regarding the Fire Departments decision to not have anymore Fire Ambulances in our City which I do not agfee because I want to keep those services in our City. They have always been great at providing our services.l have already emailed Mayor Tim Hepburn about this but I am asking all of the Council to stand up for the Fire Department and keep our Fire Ambulances in La Verne.
Sincerely, Jackson Salinas
1 53 Monday, July 20, 2020, City Council Meeting Page No. 42 I ),o, aoa.o C^ar,rcrl Hfed Lupe Estrella &* 5 From: Fred Faught
Good evening Mr Mayor, City Council, Mr. Russi,
The overall safety of our Firefighters and the Citizens of La Veme should be your top priority. Nothing else.
The LVFD department is almost down approximately 25 Yo from20l7-2018.
This in itself has been a huge cost savings to the City. Fire Station 3 was closed. The rhetoric from Council members was that of it would be reopened again in 6 weeks. Still blacked out. Now the proposal to run CARE ambulances because of staff shortages.
Lets stop the blame game and solve the issue of FF's leaving the City. Resolve the contract issues immediately. pay the median to the LVFD. So that we can retain the FF's we have left. In addition this will solidify new hires. Set aside a hiring and retention fund of $1M+.
You ask where to get this money from when our tax dollars are spiralling downwards at this time?
Find places to cut salaries and jobs other than Police and Fire. Take a poll from Citizens on what they think the budget should be spent on. I think that Police and Fire would be 1 and 2 or 2 and 1 on every ones list'
The previous regime had been kicking this can down the road for way too long.
New Council members you will have to iniate change to rectify the previous council's decisions. Council members Davis and Carder you need to stop this destruction of the LVFD. If the city keeps telling the LVFD that they can't afford the right amount of services (they do by actions not words) you will end up with a County F'ire Department. By default.
Ail 5 of you have said you will do what the citizens want. I think you know that most citizens want to retain a City FD.
Thank you,
Fred Faught (90e) 4s r-t277
X Virus-free. www. avq. com
1 54 Monday, July 20, 2020, City Council Meeting &?*, a"q A,ooo Cor'nJtt **5Page No. 43
According to LVFA website, tnterim Chiel Leonard will be oddressing the short-stalled Iirc deportment ond the decision to run oll ambulonce seruice through third-party provider, CARE. I would like this read as o response to his agenda item. Othetwise loter in public comment. Thank you.
The decision to suspend ambulance service through the fire department surely took into consideration the funding that the fire department receives through Measure GG and paramedic transport fees that generate approxlmately $1.5 million annually.
Question f1 - how will we operate on a budget that has been reduced by almost 20%
euestion #2 - will CARE ambulances arrive at same time as LVFD paramedics, or will this new agreement increase the response time to get the patient to the hospital? What is the agreement with CARE on this?
The union representing this department has claimed that they are losing good firefighters to surrounding agencies who have better compensation, yet they haven't signed a new contract for their rank & file members since June 2017. This has affected those who are leaving La Verne, yet there is a contract on the table and the Union won't ratify it. Police, Public Works and all other employee unions in La Verne have signed similar contracts. So who really is responsible for the uncompetitive compensation the Union has repeatedly cited for the mass exodus.
The city of Placentia, just 20 miles to the south of us, is pulling from the same pool of potential new hires. This fire department WAS with County Fire and is going back to a City fire department in July. Their new Fire Chief needed a staff of 53 full & part time firefighters to restaff this department after they leave County Fire. He received over 350 applications for firefighters who wanted to work in a small, city fire department like La Verne. Why aren't we attracting 350 applicants for our positions? Why don't pulllng we have a permanent Fire Chlef to initiate this search like they did in Placentia? How are they in so much interest as they move AWAY from County Fire?
And the last point about placentia, their City Council decided they could no longer afford to have their fire service through the County, They will pay a significant cost to reinstate their own fire department in the purchase of new assets, but they had seen the annual increases rising at a rate the city could not afford. The County thought their union was strong enough to hold this little city of 51,000, but they are breaking from County and doing the right thing. year I ask our city council to recognize the voice of the people on this issue. A random survey last Let's showed 77yo of rcsidents here want to keep our fire department in La verne and NoT LA County. put that referendum on the November ballot and take the decision that this Firefighters' Union is tryinB to push the city into. Any move to LA County needs to be approved by the residents, not the Union or even city council. Thank you for your conslderation.
Jim Murphy
Raymond Drive
55 Monday, July 20, 2020, City Council Meeting l{eeIrgPage No. 44 furr,l Jo1 Aoao Co*t^uul Lupe Estrella
From: Richard Bowen
What is the status of the county study requested by Davis and voted for last July?
1
56 Monday, July 20, 2020, City Council Meeting Page No. 45
MINUTES AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF LA VERNE HELD IN THE COUNCIL CHAMBERS OF THE LA VERNE CITY HALL Thursday, April 23, 2020, 3:00 pm
1 ln 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 and La Verne City Council Members attended by Zoom meeting.
2 An adjourned meeting of the La Verne City Council was called to order by Mayor Tim Hepburn at 3:00 pm.
J Council Members present Mayor Tim Hepburn Mayor Pro Tem Robin Carder Council Member Muir Davis Council Member Wendy Lau Council Member Rick Crosby
Absent: None.
Advisory personnel present: City Manager Robert Russi
4 Pledge of Allegiance led by Mayor Hepburn.
5 Oversight Committee (Measure - As directed LV) Applicants Presentations by the City Council, all applicants for the five (5) vacancies on the Oversight Committee were allowed to give a three (3) minute presentation telephonically. The following applicants gave their presentation:
Annabi, Daniel Bowen, Richard Gabaldon, M. Joseph Schmidt, Robert Bartelt, David Carder, Robert Herbert, Raymond Wagner, Steven Bassler, Jeffrey Carney, Marlene Ingles, Radford (Ronald)Weston, Marv Becker, Bruce Chang, Keny Mosher, Michael Wlite, Ron Blazenski, Michael DeMirjyn, Barbara Murphy, James Zylstra, Dave
The City Council after hearing each presentation selected the following applicants to be interviewed for the positions.
Annabi, Daniel Chang, Keny White, Ron Blazenski, Michael lngles, Radford (Ronald) Zylstra, Dave Robert Carder Mosher, Michael Carney, Marlene Wagner, Steven
b 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. There was none.
proposed 7 Adjournment at 5:OB pm to Thursday, April 30, 2020, atlO 15 am, for a public hearing on the issuance of bonds of by the California Municipal Financing Authority for the benefit of Brethren Hillcrest Homes
Respectfully submitted,
Lupe Gaeta Estrella, CMC Assistant City Clerk
57 Monday, July 20, 2020, City Council Meeting Page No. 46
MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF LA VERNE HELD IN THE COUNCIL CHAMBERS OF THE LA VERNE CITY HALL Thursday, April 30, 2020
1. ln order to minimize the spread of theCOV|D 19Virus, Governor Newsom has issued Executive Orders that temporarily suspend requirements of the Brown Act. The Council Chambers was closed to the public and La Verne City Council Members attended in Zoom meeting.
2. An adjourned meeting of the La Verne City Council was called to order by Tim Hepburn at 10:19 am.
3. Council Members present: Mayor Tim Hepburn Mayor Pro Tem Robin Carder Council Member Muir Davis Council Member Wendy Lau Council Member Rick Crosby
Absent: None
Advisory personnel present: City Manager Robert Russi City Attorney Robert L. Kress Assistant City Clerk Lupe Gaeta Estrella
4 Pledge of Allegiance was led by Mayor Hepburn.
5 Conflict of lnteresUHepburn Mayor Hepburn declared a conflict of interest because he previously served on the Hillcrest Board of Directors and advised on the new homes to be constructed. He also recused himself during Council consideration of the approval of the new homes and he recused himself on this issue. Mayor Pro Tem Garder conducted the public hearing.
Public Hearing to Consider City Attorney Kress reported on the Public Hearing to Consider lssuance of lssuance of Tax-Exempt lai-Exempi obligations by California Municipal Finance Authorlty on behalf Obligations by California of Hitlcrest. He stated that pursuant to Federal law, the City Council must Municipal Finance Authority on hold a public hearing when tax-exempt obligations are proposed to be issued. behalf of Hillcrest The City of La Verne is not a party to the financing and would not be liable on the obligations. The obligations are belng issued to refinance existing debt and to finance the construction of fourteen (14) new residences which have already been approved by the City Council.
Matt Neely, Hillcrest CEO was on stand-by by phone, if Council had any questions.
Mayor Pro Tem Carder opened the public hearing and waited a few minutes for any emails on the matter,
There was none.
Itwas moved by Davis, seconded by Crosby, and carried by a vote of4-0 (Hepburn Abstrined) to adopt Resolution No. 20-29, approving the issuance of obligations (not to exceed $50,000,000) by the California Municipal Finance Authority for the benefit of Brethren Hillcrest Homes.
58 Monday, July 20, 2020, City Council Meeting Page No. 47 City Council Minutes, Adjourned Meeting, Thursday, April 30, 2020, Page2
The City expressed approvalof Hillcrest Homes and the new Hawthorne Project.
Resolution No. 20-29, Resolution No. 20-29 - A RESOLUTION OF THE GITY COUNCIL OF THE Approving the lssuance of the CITYOFLAVERNE, COUNTY OF LOS ANGELES, STATE OF California Municipal Finance CALIFORNIA APPROVING THE ISSUANCE OF THE CALIFORNIA Authority Revenue Bonds for MUNICIPAL FINANCE AUTHORITY REVENUE BONDS IN ONE OR the Purpose of Financing and MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO Refinancing the Acquisition, EXCEED $5O,OOO,OOO FOR THE PURPOSE OF FINANCING AND Construction, Furnishing and REFINANCING THE ACQUISITION, CONSTRUCTION, FURNISHING AND Equipping of Senior Living EQUIPPING OF A SENIOR LIVING COMMUNITY FOR BRETHREN Community for Brethren HILLCREST HOMES AND CERTAIN OTHER MATTERS RELATING Hillcrest Homes THERETO. Approved.
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.
Emailwas received from Zachary Gibson regarding the bonds and transparency.
6 Adjournment at 10:33 am.
Respectfully submitted,
Lupe Gaeta Estrella, CMC Assistant City Clerk
59 Monday, July 20, 2020, City Council Meeting Page No. 48
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60 Monday, July 20, 2020, City Council Meeting Page No. 49
CITY OF LA VERNE REGISTER OF AUDITED DEMANDS 6t24t2020
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH TFIE CITY'S PURCHASING/FI.]NDING POLICY AND HAVE BEEN REVIEWED BY THE FINANCE MANAGER FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
AMOUNT ISSUED TO DESCRIPTION l. $ 634,63s.41 THREE VALLEYS MT]NICIPAL WATER DIST WATER PURCHASES . MAY 2O2O 2.$ l 90,087.88 WASTEMANAGEMENT REFUSE SERVICES - APRIL 2O2O 3.$ 47,210.00 LAYNE CHRISTENSEN COMPANY AMHERST WELL MAINTENANCE SERVICES 4.$ 2t,077.00 ECOTIERRA CONSULTING CONSULTING SERVICES . APRIL THROUGH MAY 2O2O s.$ 20,170.0 I CICO ELECTRICAL CONTRACTORS, INC. CITY HALL GENERATOR INSTALL FEES 6.$ I 1,199.00 JL GROUP, LLC PROFESSIONAL SERVICES . JI.JNE 2O2O 7.$ 10,937.50 CIVILTEC ENGINEERING, INC. ENGINEERING SERVICES - MAY 2O2O 8.$ 8,580.34 IMS REFRIGERATION, INC. REFRIGERATOR/FREEZER FOR COMMTJNITY CENTER 9.$ 8,218.21 VERMONT SYSTEMS, INC. WEBTRAC ANNUAL SYSTEM FEES l0$ 5,572.92 CITY OF POMONA 4TH QUARTER LAND BASE AGENCY FEE $ 86,963.66 OTHERDEMANDS
$ r,044,651.93
DEMANDS OF $706,359.99 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS.
DEMANDS OF $59,742.44 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
A DETAILED LIST OF WARRANTS PAID IS ATTACHED AS EXHIBIT A.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202,1HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.
FINANCE DIRECTOR
Page I of{ 61 Monday, July 20, 2020, City Council Meeting Page No. 50 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - EXHIBIT A 6D4t2020
CHECKNO. AMOUNT ISST]ED TO t51673 29.21 ALBERTSONS/SAFEWAY 1s1674 172.66 ANARODRIGUEZ 151675 242.61 ARABESTANI, MEHRNOOSH t51676 2,500.00 ARROW CROSSFIT 151677 18.75 ASSI.]RANCE ALARM CORPORATION 1s1678 876.78 AT&TMOBILITY 151679 888.30 ATKINSON,ANDELSON,LOYA,RUUD & ROMO 151680 170.00 BARBARADOYON 151681 85.00 BECKY GRICHAR 151682 117.00 BEEREMOVERS 15 l 683 225.00 BRADKO 151684 85.00 BYUNGYI 151685 609.2s CALIF. DEPARTMENT OF FISH & WILDLIFE 15 1686 2,827.26 CDCE,INC. 151687 20,170.01 CICO ELECTzuCAL CONTRACTORS, INC. 1s 1688 10,937.50 CIVILTEC ENGINEERING, INC. 151689 198.00 CLAREBLY 151690 371.61 COLANTUONO, HIGHSMIT}I & WHATLEY, PC 151691 3,883.56 COUNTY OF LOS ANGELES 151692 1,105.50 CUMMINS CAL PACIFIC, LLC 15 I 693 2,141.06 DATAPROSE,INC. 151694 225.00 DAVID BENNETT lsl695 40.00 DELTREVINO 151696 2,500.00 DELIA'S BARBER AND BEAUTY 151697 333.32 DONALD JOJOLA 151698 3,184.31 ECONOLITE SYSTEMS, INC. 151699 21,077.00 ECOTIERRA CONSI.ILTING 151700 125.00 ELEANORMARSIIALL t5l70t 279.04 FERGUSON ENTERPzuSES DBA POLLARD WATER 151702 2,48r.34 FLEET SERVICES INC. 151703 175.19 FOOTHILL COMMUMCATIONS, INC r5t704 2,s00.00 EQUILIBRIUMFITNESS 151705 92.36 GRAINGER ls1706 3,51 1. l9 HI STANDARD AUTOMOTIVE, LLC 151707 285.8r HOLLIDAY ROCK CO. 151708 109.15 HUB CONSTRUCTION SPECIALTIES 151709 8,580.34 IMS REFRIGERATION, INC. 15 1710 1,259.00 INLAND VALLEY DAILY BULLETIN t5t7tl 83.00 JACKLENFARAH 15t712 650.00 JAVIERPEREZ 1s 1713 36.92 JEN WEAVER ENTERPRISES 151714 1 1,199.00 JL GROUP, LLC t5l7l5 225.00 ruSTINDANG 151716 160.00 KATHIEROHEIM r51717 58.05 KATHY CASTANON 151718 1,218.00 LEAGLIE OF CALIFORNIA CITIES 151720 3,050.00 LORENA CORRAL 151721 4,046.46 LOWERS INDUSTRIAL SUPPLY, INC. 151722 40.00 LUPE GALLEGOS 151723 246.40 MARTINEZ,ruANA 151724 225.00 MATTHEWFROID 15t725 208.00 MAVIS BAKSH 151726 575.00 MCLAY SERVICES,INC. 151727 225.00 MICIIAEL HENDERSON t51728 350.00 ROBERTMITCHELL 151729 149.62 ROBERTMSHIMURA 151730 96.60 OFFICEDEPOT 151731 85.00 PHYLLIS BROST 151732 229.86 PITNEY BOWES GLOBAL FINANCIAL SVCS 151733 5,572.92 POMONA, CITY OF tst734 500.00 PRI MANAGEMENT GROUP Page2of 4 62 Monday, July 20, 2020, City Council Meeting Page No. 51 CITY OFLA VERNE REGISTER OF AUDITED DEMANDS - EXHIBIT A 6124/2020
CHECKNO. AMOUNT ISSUED TO 151735 225.00 RANELLS, JAMES tst736 4,825.04 RECYCLE AWAY, LLC. 151737 3s.00 SAFESHRED COMPANY, INC. 15173 8 101.14 SAM'S CLUB/SYNCHRONY BANK t51739 5.42 SANDERS LOCK & KEY 151740 2,998.40 SOUTHERN CALIF. ASSOC. OF GOVERNMEN 151741 189.07 SIGTROMCS CORP. 1st742 3,275.00 SONIA SANCHEZ 151743 1,489.3 I SOUTHWEST LIFT & EQUIPMENT, INC. 151744 242.15 STATE CONTROLLER'S OFFICE tst745 550.00 SUPERIOR COURT OF CA,COT-INTY OF L.A. 151746 198.00 THEREZA BJORKLUND 151747 225.00 TOM KAGELE 15t748 8,2t8.21 VERMONT SYSTEMS,INC. 151749 2,s00.00 VICTORIA'S }IAIR BEAUTY DESIGN lsl750 532.27 WALTERS WHOLESALE ELECTRIC CO. 151751 190,087.88 WASTEMANAGEMENT 151752 301.68 WAXIE SANITARY SI.]PPLY t51753 225.00 WESLEYBURKE lst754 85.00 WILLIAMHESSER 151755 225.00 WILLIAMROBINSON 15t756 287.96 WMHS VERNON COLLECTION r5t76l 4,921.00 LIEBERT CASSIDY WHITMORE 151762 1,700.24 LIFE-ASSIST EFT 1,272.38 ALL STAR FIRE EQUIPMENT INC. EFT 301.1 3 AMERICAL GRAPHIC SYSTEMS, INC. EFT 4,43s.25 BABCOCK LABORATORIES, INC. EFT 724.00 BSK ASSOCIATES EFT 900.00 CALIBER COMMERCIAL POOL SERVICE EFT 105. l2 COLLEGIATE PRESS EFT 350.00 D F POLYGRAPH EFT 177.11 GREENSCAPE MAINTENANCE SERVICES INC. EFT I,803.57 HASA,INC. EFT 1,061.93 HI-WAY SAFETY INC. EFT 47,210.00 LAYNE CHRISTENSEN COMPANY EFT 3,410.08 MTINISERVICES EFT 93.02 OFFICE SOLUTIONS EFT 780.00 QUALITY CODE PI.]BLISHING, LLC EFT 195.68 SKYLINE SAFETY AND SI.]PPLY EFT 634,635.41 THREE VALLEYS MLTNICIPAL WATER DIST. EFT 112.54 TTFCO INDUSTRIES,INC. r,044,651.93
706,359.99 Total Payroll and Employee Benefit Payments 59,742.44 Total LAIMPACT Demands Total Demands $ 1,810,754.36
and Benefit 151545 CITY OF LA VERNE EMPLOYEE FUND 151545 1,485.00 FIDELITY INVESTMENTS I 5 1545 32.00 I,JMTED WAY CAMPAIGN BANKDRAFT 26,745.74 CALIFORNIA, STATE OF BANKDRAFT 120,544.97 CALIFORMA, STATE OF BANK DRAFT I,184.60 MASS MUTUALLIFE INSI]RANCE ROTH BANKDRAFT 14,242.59 MASS MUTUAL LIFE INSURANCE 4OI-A BANKDRAFT 19,446.97 MASS MUTUAL LIFE INSURANCE BANKDRAFT 1,579.76 STATE DISBURSEMENT LINIT BANK DRAFT 84,086. I 7 UNITED STATES TREASIJRY BANK DRAFT 426,801.17 PAYROLL 05110120 - 05123120 EFT 2,432.99 CHARLES SCHWAB BANK
Page 3 of 4 63 Monday, July 20, 2020, City Council Meeting Page No. 52 CITY OF LA VERNE RECISTER OF AUDITED DEMANDS . EXHIBIT A 6124D020
CHECKNO. AMOUNT ISSI.]ED TO EFT 2,486.25 LA VERNE FIRE ASSOCATION EFT 2,2t6.93 LA VERNE POLICE OFFICERS ASSOCIATION EFT 1,750.00 RUSSI, CHRISTINA EFT 864.8s WAGEWORKS,INC. Total $ 706,359.99
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 ofCalifornia Employee state income tax, unemployment insurance and child support/gamishments Mass Mutual A 40lA plan Mass Mutual B 4578 plan Mass Mutual Roth Roth plan Lincoln National Replacement Social Security plan Fire/Police/La Veme Employee Fund Employee Group Dues
LAIMPACT Law Enforcement Task Force Demands t51757 $ 201.77 CELL BUSINESS EQUIPMENT 151758 6,767.14 CITY OF PASADENA lsl759 262.00 CODE 5 GROUP, LLC. 151760 165.00 FOOTHILL COMMUNICATIONS, INC. 15 1768 2,076.68 SPECTROLAB INC. 151769 4,690.85 SPECTROLAB INC. 151770 100.00 SPRINT t5t77l t,479,00 T-MOBILE USA,INC. MULTIPLE 44,000.00 LAI ENFORCEMENT OPERATIONS Total $ 59,742.44 LAIMPACT demands are paid from federal asset forfeitue dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities.
Page4of 4 64 Monday, July 20, 2020, City Council Meeting Page No. 53
CITY OF LA VERNE REGISTER OF AUDITED DEMANDS 6t30t2020
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCFIASING/FUNDING POLICY AND HAVE BEEN REVIEWED BY THE FINANCE MANAGER FOR ACCURACY AND PROPERAPPROVAL.
SUMMARY OF DEMANDS
LARGEST 10 CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
AMOUNT ISSUED TO DESCRIPTION l. $ 82,991.53 AXON ENTERPRISE, INC. 2. $ 19,158.71 MERRIMAC ENERGY GROUP FLEET - FUEL PURCHASE 3. $ 8,841.60 CALPERS 4TH LEVEL 1959 SURVIVOR PRE-RETIREMENT DEATH BENEFIT 4. $ 5,922.97 AARDVARK FSET UNIFORM & EQUIPMENT 5. $ 4,977.00 SUPERIOR PAVEMENT MARKINGS, INC. ARROWPUI-TON RESTRIPE & FI.JLTON TO WHITE SIGN INSTALL 6. $ 3,670.00 TIDY DIESEL TANKS FUEL POLISH AND TANK CLEANING 7. $ 3,500.71 SALT WORKS, INC. AMHERST WATER TREATMENT PLANT SUPPLIES 8. $ 3,112.57 UNITED TACTICAL SYSTEMS, INC. POLICE OFFICER EQUIPMENT 9. $ 2,901.2s WELLS FARGO VENDOR FIN. SERV. PRTNTER LEASE - 0612812020-07 127 /2020 10 $ 2,771.37 EWING IRRIGATION PRODUCTS VARIOUS IRRIGATION SUPPLIES $ 32,289.10 OTHERDEMANDS $ 170,136.81
OPERATIONS. DEMANDS OF $204,143.18 WERE PAID ON BETIALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE
A DETAILED LIST OF WARRANTS PAID IS ATTACHED AS EXHIBIT A.
REGISTER OF IN ACCORDANCE WTIH GOVERNMENT CODE SECTION 37202,I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE AUDITEDDEMANDS.
ARADO FINANCEDIRECTOR
Page 1 of3 65 Monday, July 20, 2020, City Council Meeting Page No. 54 CITY OF LA VERNE REGISTER OF AI.]DITED DEMANDS - EXHIBIT A 6t30t2020
CHECKNO. AMOUNT ISSUED TO rs1773 $ 5,922.97 AARDVARK 151774 82,99t.53 AXON ENTERPRISE, INC. 15t775 2,500.00 BEBE'S FAMILY HAIR DESIGN 15t776 1,737.63 BRENNTAG PACMIC,INC. t51777 1,856.33 CAIIFORNIA JPIA 151778 375.00 CALIFORNIA PEST MANAGEMENT,INC. t51779 8,841.60 CAIPERS 151780 600.00 CODE 5 GROUP, LLC. 15 1781 352.50 COLLEYFORD 151782 30. l5 CONCORDIA HEALTH CARE PROVIDER l5 1783 385.00 CORBIN & ASSOCIATES, INC. t51784 267.70 DANIELS TIRE SERVICE 151785 100.00 DEBBIEKARAFF 151786 71.24 DEBRA ORTEGA 1s1787 2,771.37 EWING IRRIGATION PRODUCTS 151788 32.49 FIRESTONE SALES AND MARKETING 151789 299.00 FRED PRYOR SEMINARS 151790 249.00 IIARDENDEVON ts1791 2,500.00 HAT CREEK OUTFIT, LLC ls1792 369.13 HOLLIDAY ROCK CO. 151794 2,372.35 HOME DEPOT CREDIT SERVICES 15r795 68.14 HOSE-MAN,INC, 151796 87.50 IMS REFRIGERATION, INC. 151797 2,500.00 IRIS BEAUTY SALON 151798 472.85 J.G. TUCKER& SON 151799 231.25 KITTLESON & ASSOCIATES 151800 32.17 MICHAELMATHEWS 151801 285.00 MCLAY SERVICES,INC. 151802 131.87 MCMASTER-CARR SUPPLY CO. 151803 8s.00 MICHAELTHAL 151804 2,500.00 NAILLOUNGE r51805 125.71 NICOLE CASTELLANOS 151806 43.45 OFFICE DEPOT 151807 125.00 PRIVACY SECI.]RITY SOLUTIONS 151808 2,500.00 RICCIOLO SALON,INC. 151809 212.00 ROBINWINDERMAN
15 1 810 96.47 SO CAL GAS CO l5l8l1 79.20 SONSRAY MACHINERY, LLC 151812 4,977.00 SUPERIOR PAVEMENT MARKINGS, INC. 151813 2,500.00 TCM WELLNESS,INC.
151 8 14 35.00 TERRIBAUMBACH 1s l 815 3,670.00 TIDYDIESELTANKS l5l8l6 368.73 TIMEWARNERCABLE 151817 1,545.00 UL, LLC. 151818 3,112.57 UNITED TACTICAL SYSTEMS, INC. t5 l8 l9 1,513.40 VERIZON 15 I 820 83.1 5 VISTA PAINT CORPORATION l5 1821 113.89 WAXIE SANITARY SUPPLY 151822 2,901.25 WELLS FARGO VENDORFIN SERV 151823 526.91 YWCA SAN GABRIEL VALLEY BANKDRAFT 27.23 LINITED STATES TRASIIRY EFT 151.12 ALL STATE POLICE EQUIPMENT, CO. EFT 88.10 COASTLINE EQLIIPMENT EFT 621.96 HARRINGTON INDUSTzuAL PLASTICS, LLC EFT t25.53 INTERSTATE BATTERY SYSTEM OF THE IE EFT 624.08 LA VERNE POWER EQUIPMENT. INC. EFT 19,158.71 MERRIMAC ENERGY GROUP EFT t 05.17 POMONA TRUCK & AT]TO SI'PPLY EFT 3,500.71 SALT WORKS,INC. EFT 186.70 TIFCO INDUSTRIES,INC. I 70,136.81 Page2of 3 66 Monday, July 20, 2020, City Council Meeting Page No. 55 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS . EXHIBIT A 6t30/2020
CHECKNO. AMOUNT ISSUED TO
204,143.18 Total LAIMPACT Demands Total Demands S 3x4,279.99
LAIMPACT Law Enforcement Task Force Demands 15r824 2,847.43 BANKOFAMEzuCA 15 I 825 r49.00 CERVANTES, ROBERT 151826 r49.00 CERVANTES, ROBERT 151827 900.00 CHARTER COMMI.'NICATIONS 151828 1,023.75 DYNAMICMETHODS 151829 3,838.00 LOS ANGELES COUNTY SHERIFF'S DEPT 1s1836 10s.00 SOUTHLAND SHREDDING, INC. 151837 1,131.00 TOTAL NETWORK SOLUTIONS MULTIPLE 194,000.00 LAI ENFORCEMENT OPERATIONS Total $ 204,143.18 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 of LAIMPACT activities.
Page 3 of 3 67 Monday, July 20, 2020, City Council Meeting Page No. 56
CITY OF LA VERNE REGISTER OF AUDITED DEMANDS 7n/2020
FY 19t20
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCI{ASING/FIJNDING POLICY AND HAVE BEEN REVIEWED BY THE FINANCE MANAGER FORACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST 10 CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS,
AMOUNT ISSUED TO DESCRIPTION 1.$ 193,303.44 WASTEMANAGEMENT REFUSE SERVICES - MAY 2O2O ,) 22,462.82 GREENSCAPE MAINTENANCE SERVICES, INC. CITY WIDE TREE MAINTENANCE - MAY AND JI.JNE 2O2O J. l 0,880. l0 ATHENS SERVICES STREET/?ARKING LOT SWEEPING SERVICES - JLTNE 2O2O 4. 9,449.38 SYNTECH GROTJP VARIOUS CITY I/T SERVICE HELP - MAY AND JUNE 2O2O 5. 6,937.24 OFFICE DEPOT OFFICE SUPPLIES - VARIOUS CITY DEPARTMENTS 6. 6,5s6.2s MESSINA AND ASSOCIATES PROFESSIONAL CONSULTING SERVICES -MAY 2O2O 7. s,800.00 B AND T CATTLE BRUSH CONTROL 8. 5,689.01 ALL STAR FIRE EQUIPMENT FIRE DEPARTMENT EQUIPMENT 9. 4,20'7.94 SODEXO INC, & AFFILIATES AQUATICS CENTER CLEANING SERVICES. JULY TO SEPT.2O2O l0 3,050.00 GRISELDAGUZMAN COMMUNITY CENTER RENTAL REFUND $ 43,900.60 OTHERDEMANDS s 312,236.78
DEMANDS OF $100,623.92 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
A DETAILED LIST OF WARRANTS PAID IS ATTACHED AS EXHIBIT A.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202,1 HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.
FINANCE DIRECTOR
Page I of3 68 Monday, July 20, 2020, City Council Meeting Page No. 57 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - DGIIBIT A 7/712020
CHECKNO. AMOUNT ISSI.]ED TO 15 1848 63.96 AIRGAS USA, LLC. 151849 48.46 APPROVED 4 KICKS SOCCERACADEMY 151850 10,880.10 ATHENS SERVICES 151851 5,800.00 B AND T CATTLE r51852 249.74 BIEDERMANN, REBEKAH 151853 1,681.57 BLUESPACE INTERIORS 15 1854 75.00 BOB EATON l5 r 855 535.00 CALIFORMA PEST MANAGEMENT,INC. l5 I 856 gss.88 CARE AMBULANCE SERVICE,INC 15 l 857 786.29 CARE AMBTILANCE SERVICE,INC 15r858 98.00 DEPARTMENT OF ruSTICE 151859 100.00 EDITHPEREZ l5 1860 978.82 ELITE EQUIPMENT INC. 1s 1861 46.22 EVERSOFT r51862 915.64 FERGUSON ENTERPRISES, LLC DBA POLLARD WATER 1s1863 42.00 FIGUEROA, STEVE l5 1864 306.34 FRONTIER COMMTINICATIONS 151865 2,748.94 FRONTIER COMMLINICATIONS 151866 16s.08 GFG INSTRIIMENTATION tsl867 210.90 GRAINGER l5 1868 3,050.00 GRISELDA GUZMAN 151869 124.00 GUTIERREZ,MARK 151870 2,894.61 HI STANDARD AUTOMOTIVE, LLC 151 871 25.87 HUNTINGTON HARDWARE CO. 1s1872 1,073.68 INLAND VALLEY DAILY BT]LLETIN 151873 257.99 J.G. TUCKER & SON 151874 s6.00 JULIAN, ADDIEL 151875 56.23 KEYSTONE UNIFORM DEPOT 151876 15.00 KYOCERA DOCT]MENT SOLUTIONS WEST 1s1877 146.79 LA VERNE CAR WASH 1s1878 249.45 LA VERNE PETTY CASH l5 1879 t,445.86 LESLIE'S POOLMART, INC. l5 1880 180.72 LOWE'S 151881 6,937.24 OFFICE DEPOT 151882 125.71 ROCIO GUTIERREZ 151883 93.06 SAFETYNETT,INC. 151884 57t.20 SAFETY-KLEEN SYSTEMS, INC. 151885 228.29 SANDERS LOCK & KEY
l5 1 886 1,990.00 SANDERS TOWING,INC. 151887 815.51 SCIENTIA CONSULTING GROI.]P, INC. ls I 888 42.00 SCRANTON, MICHAEL 1s I 889 80.00 SI{EILA TEUBER 151890 959.50 SIERRA PACTFIC ELEC. CONTRACTING 151891 4,207.94 SODEXO INC. & AFFILIATES 151892 2,817.88 SONSRAY MACHINERY, LLC 15 I 893 285. l 0 STAPLES CREDIT PLAN l5 1895 9,449.38 SYNTECH GROUP 151896 1,600.00 THE COUNSELING TEAM INTERNATIONAL 151897 942.75 U.S. POSTMASTER 151898 2,420.07 VERZONWIRELESS 1s1899 t32.78 VISTA PAINT CORPORATION
I 5 1900 15.28 WALTERS WHOLESALE ELECTRIC CO. 151901 193,303.44 WASTEMANAGEMENT 1s1902 171.12 WEXBANK
I 5 1903 996.77 ZOLL MEDICAL CORPORATION BANKDRAFT 207.14 FRONTIER COMMLINICATIONS BANKDRAFT 710.90 T-MOBILE EFT 5,689.01 ALL STAR FIRE EQUIPMENT EFT 2,801.95 CALIBER COMMERCIAL POOL SERVICE EFT 206.96 COLLEGIATE PRESS EFT 2,445.00 ENVIRONMENT CONTROL PI]ENTE HILLS Page2of 3 69 Monday, July 20, 2020, City Council Meeting Page No. 58 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS . EXHIBIT A 7/7/2020
CHECKNO. AMOUNT ISSUED TO EFT 22,462.82 GREENSCAPE MAINTENANCE SERVICES INC. EFT 1,809.95 HACHCOMPANY EFT 1,999.36 INTELESYSONE,INC. EFT 144.69 L.N. CT]RTIS AND SONS EFT 117.84 LA VERNE POWER EQUIPMENT, INC. EFT 425.00 LAW ENFORCEMENT MEDICAL SERVICES EFT 6,556.2s MESSINA AND ASSOCIATES EFT 69.99 POMONA TRUCK & AI]TO SUPPLY EFT 542.75 SKYLINE SAFETY AND SUPPLY EFT I65.00 TERRY'S TESTING,INC. EFT 187.64 TIFCO INDUSTRIES,INC. EFT 210.37 UNDERGROUND SERVICE ALERT OF SO CAL EFT 1,035.00 VENTEK INTERNATIONAL 312,236.78
100,623.92 Total LAIMPACT Demands Total Demands S 412,860.70
LAIMPACT Law Enforcement Task Force Demands 151904 154.42 DIAZ, ANGELINA 151908 300.00 NUWAY JANITORIAL SERVICES 151910 569.50 TRANSUNION zuSK & ALTERNATIVE DATA MULTIPLE 99,600.00 LAI ENFORCEMENT OPERATIONS Total $ 100,623.92 LAIMPACT demands are paid from federal asset forfeitue dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities.
Page 3 of 3 70 Monday, July 20, 2020, City Council Meeting Page No. 59
CITY OF LA VERNE REGISTER OF AUDITED DEMANDS 71712020
FY 20/21
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND IIAVE BEEN REVIEWED BY THE FINANCE MANAGER FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
AMOUNT ISSUED TO DESCRIPTION l. $ 17,588.55 SAN GABRIEL VALLEY COUNCIL OF GOV'T 2OIO-2O2IANNUALMEMBM ) 7,800.00 JONES & MAYER RETAINER. ruLY 2O2O J. 1,500.00 NOBEL SYSTEMS CCTV MODULE INTEGRATION SUBSCRIPTION - ruLY 2O2O TO JI.JNE 2O2I 4. 1,481.00 ALLIANT ]NSURANCE SERVICES 2O2O.2O21ACIP ANNUAL PREMIUM FEE 5. 672.00 DEPARTMENT OF PUBLIC HEALTH PUBLIC HEALTH PERMIT/LICENSE - AQUATICS CENTER 6. ss0.00 CALIF. ASSOC. OF PUBLIC INFORMATION OFFICERS ANNUAL MEMEBERSHIPS ruLY 2O2O TO JUNE 2O2I 7. 370.00 DEPARTMENT OF PUBLIC HEALTH PUBLIC HEALTH PERMIT/LICENSE. COMMUNITY CENTER 8. 31s.73 COASTAL HELICOPTERS, LLC BUSINESS LICENSE REFUND 9. 69.95 INLAND VALLEY DAILY BULLETIN POLICE DIGITAL SUBSCRIPTION RENEWAL - 26 WEEKS t0 30.00 CORRINE & BRIAN HIATT REFUND - CHECK WRITTEN FOR WRONG AMOUNT 18.75 OTHER DEMANDS $ 30,39s.98
DEMANDS OF $978,331.79 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS.
DEMANDS OF $100,623.92 WERE PAID ON BEIIALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
A DETAILED LIST OF WARRANTS PAID IS ATTACHED AS E)GIIBIT A.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202,1 HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.
INTERIM FINANCE DIRECTOR
Page 1 of3 71 Monday, July 20, 2020, City Council Meeting Page No. 60 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS - E)GIIBIT A 71712020
CIIECKNO. AMOUNT ISSUED TO 151917 1,481.00 ALLIANT INSI,]RANCE SERVICES, INC. 15 191 8 550.00 CAPIO 151919 315.73 COASTAL HELICOPTERS, LLC 151920 30.00 CORRINE & BRIAN HI,ATT t5t92t 370.00 DEPARTMENT OF PUBLIC IIEALTH 151922 672.00 DEPARTMENT OF PUBLIC IIEALTH 151923 69.95 INLAND VALLEY DAILY BULLETIN 151924 7,800.00 JONES &MAYER 151925 18.75 LEVI LANDSCAPE CORPORATION 151926 17,588.55 SAN GABRIEL VALLEY COUNCIL OF GOV'T EFT 1,500.00 NOBEL SYSTEMS 30,395.98
978,331.79 Total Payroll and Employee Benefit Payments 24,296.87 Total LAIMPACT Demands Total Demands $ 1,033,024.64
Payroll and Employee Benefit Payments: 151548 1,832.55 AFLAC 151549 3,2t5.76 DELTA DENTAL INSURANCE COMPANY 151550 I I,318.65 DELTADENTAL 15155 I 460.00 CITY OF LA VERNE EMPLOYEE FUND 151552 1,485.00 FIDELITY INVESTMENTS 15 l 553 6,399.88 TI{E IIARTFORD-PRIORITY ACCOT]NTS 151554 163,328.62 HEALTHNET 15 1555 65,747.98 KAISER FOTJNDATION HEALTH PLAN l5 1556 I,337.00 METLM - GROUP BENEFITS l5 1557 872.00 A.C. NEWMAN CO. 15155 8 32.00 UNITED WAY CAMPAIGN BANKDRAFT 26,655.67 CALIFORMA, STATE OF BANKDRAFT 127,716.t9 CALIFORNIA, STATE OF BANKDRAFT r,357.30 MASS MUTUAL LIFE INSURANCE ROTH BANKDRAFT 19,891.26 MASS MUTUAL LIFE INSI.JRANCE BANKDRAFT 1,579.76 STATE DISBI]RSEMENT UNIT BANKDRAFT 84,249.76 UNITED STATES TREASIJRY BANKDRAFT 451,175.28 PAYROLL 05/10/20 - 05123/20 EFT 2,400.76 CHARLES SCHWAB BANK EFT 2,486.25 LA VERNE FIRE ASSOCATION EFT 2,216.93 LA VERNE POLICE OFFICERS ASSOCIATION EFT 1,750.00 RUSSI, CHRISTINA EFT 102.00 WAGEWORKS-ADMINFEE EFT 721.19 WAGEWORKS,INC. Total s 978,331.79
Break down of standard providers and the benefits they provide Provider Benefits Descrintion 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 Califomia Employee state income tax, unemployment insurance and child supporVgamishments Mass Mutual A 40lA plan Mass Mutual B 4578 plan Mass Mutual Roth Roth plan Lincoln National Replacement Social SecuritY Plan Fire/Police/La Verne Employee Fund Employee Group Dues
Page2of 3 72 Monday, July 20, 2020, City Council Meeting Page No. 61 CITY OF LA VERNE REGISTER OF AI.JDITED DEMANDS - E)G{IBIT A 7t7t2020
CHECKNO. AMOUNT ISSUED TO
LAIMPACT Law Enforcement Task Force Demands I s 1936 11,424.00 CALIFORNIAJPIA 151937 8,747.70 FILE KEEPERS, LLC 151938 107.67 JOHNHONG l5 1939 1,801.80 PARAMOUNT TECHNOLOGIES, INC. 151940 215.70 PITNEY BOWES GLOBAL FINANCIAL MULTIPLE 2,000.00 LAI ENFORCEMENT OPERATIONS Total S 24,296.87 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 of LAIMPACT activities.
Page 3 of 3 73 Monday, July 20, 2020, City Council Meeting Page No. 62
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74 Monday, July 20, 2020, City Council Meeting Page No. 63
n CITY OF LAVERNE
DATE: July 20,2020
TO Honorable Mayor and CitY Council
Eric Scherer, AICP, Community Development Di
SUBJECT: Street Closure for the Cool Cruise Car Show - Tentative
The Old Town La Verne Business lmprovement District (BlD) is requesting the City council consider a street closure for the cool cruise car show which has been rescheduled to be tentatively held on August 22, 2020. while it is recognized the car .ho* riv not occur due to'State and County Health orders relating to CoVID-19' the ;r"r"t"ri;a asked that this approval, in the. unlikely event orders are revised before Id;,G granted provided a finai decision can be made on August 3,2020'
D TI :)
Staff recommends the City Council approve a minute motion which does the following: necessary steps to- pejmit the '1 . Directs the Public Works Director to take the i"rpor"ry street closure for portions of D Street and Third Street in Old Town La Verne; and processing' 2. Approval to waive administrative review fees necessary for the permitting, ,"n"g"."nt, promotion, and. operations of the Cool Cruise Car bno*; *]tn exception to'the payment to the La Verne Police Department Reserves.
U TheapprovedExclusiveFranchiseAgreementwithFlyingDeucggandtheCityforthe receive nro,,.'otion of the 2018-202i Coof Ciuise Car Show requires Flying Deuces to each event. The asreement states that all ;ilffi';';';;i;Grre-prior Deuces aiiiinistrative fees will be waived for the event, although' requires Flying il;;il;;;Gni to tn" La Verne potice Department Reserves for the event. of CoVID-19, the The original date for the event was April 11,2O2o,.and as a result the show'to. be rescheduled to August 22' 2020'^in hopes ;;;.;i;;"t"tt;Jaavertising to occur, State and that such an event corfO oZcriUy that date. ln order for the event gathe-1ng, allowing for the Lounty ieaftn orders woriO-n""6 to O" revised for such a piiloterto decide if the event should still occur. As significant cost have been eiD;d wait until August 3d incurred in promoting tn" in" piomoter and Btd woutO litE to to make a final decision. "-r"ni, Attachment: Exclusive Franchise Agreement 201 8-2021
75 Monday, July 20, 2020, City Council Meeting Page No. 64
EXCLUSIVE FRANCHISE AGREEHEiIT
This EXCLUSIVE FRANCHISE AGREEMENT fAgreement) for the promotion and operation of car shows is made and entered effectivb the 17h day of September, 2018 ("Efiective Date"). by and between CITY OF LA VERNE, a municipal corporation ('ClW) and FLYING DEUCES, a sole prcprietorship ("PROMOTER").
A. CITY desires to obtain professional promoter and management services for the CRUISIN LA VERNE car show, to be held on the Saturday following Thanksgiving, for a three (3) year period, beginning November 24, 2018 in the City of La Veme, to ensure a safe, intelgenerational, family-oriented car show.
B. CITY desires to obtain professional promotor and management services for the t-A VERNE COOL CRUTSE car show, to be held on the Saturday precedirp Easter, for a three (3) year period, beginning April 13, 2019 in the City of La Veme, to ensure a Safe, intergenerational, family-oriented car show. c. PROMOTER has proposed to provide such services for the CITY in accordance with the terms set forth in this Agreement.
D. CITY desires to contract urith FROMOTER for car show promotion and management services and PROMOTER desires to provide such servims to GlW. E. PROMOTER has demonstrated competence and professional qualifications neoessary for the satisfactory performanoe of the services designated herein by virtue of his experience and expertise-
NOW THEREFORE, THE PARTIHS MUTUALLY AGREE WITHIN EACH SECTION A$ FOLLOWS:
I 9RANT OF EXCLUSIVE FRAHCHISE A. CITY hereby grants to PROMOTER, and PROMOTER hereby acepts, on ine terms and conditions set forth herein, the exclusive right to produce a car show by the name of 'Gruisin La Veme" for CIW in the City of La Verne, Califomia on the Saturday following Thanksgiving, November 24,2018, and two (2) additional yearc on the appmxirnate same dap in 2019 and 202CI.
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76 Monday, July 20, 2020, City Council Meeting Page No. 65
B. CITY hereby grants to PROMOTER, and PROMOTER hereby accepts, on the terms and conditions set forth herein, the exclusive right to produce a car shor by the name of "La Veme Cool Cruise" for CITY in the City of La Veme, California on the $aturday preceding Easter beginning April 13, 2019, and for tt,ro (2) additional yea$ on the approximate same day of 2020 and zA?1.
C. PROMOTER agrees not to promote other car shows utilizing the name "Cruisin La Veme," "La Veme Cool Cruise'or variation thereof.
D. CITY hereby grants to PROIiOTER, the non-exclusive right to use public rights+f-r,rnay within ttre City of La Verne, said areas to be specificalfi set forth in the City permits for the event. ln connection with PROMOTER'S use of the exclusive Franchise granted above, PROMOTER'S right to block streets or othenrise interfere with pedestrian and vehicle trafiic will be limited to the rights granted by the CITY in the permits required by Section 2.
2. EVEI,IT GOALS
A. CITY has accepted a list of goals from the Old Town l-a Verne merchants as guiding principles for this event and are herein incorporated by reference in this Agreement as follows:
i. Date of event shall be the saturday preceding Easter ('Easter Saturday").
ii. Goal of approximately 300 classic rrehides for the CRUISIN LA VERNE car shout
iii. Goal of approximately 500 to 800 classic vehicles for the [A VERNE COOL CRUISE car show.
iv. Family-oriented event.
v. Event must prcvtdc liability insurance, that includes indemnification of City of La Veme and Old Town La Veme Business I mprovement DistricUmerchants.
vl- Advance publicity needs; visible promotion 60 days prior to press releases) are event (e.g.- posters, mailings, flyers, and requlred. Prior City (Community Development Dircctor) and apiointeO Old Town La Veme Downtown Business lmprovement District {DBID) member review and approval
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77 Monday, July 20, 2020, City Council Meeting Page No. 66
required. City shall also review proposed sponsors prior to being added to promotional material.
vii Provide a demonstrated and effective plan to involve and invite more local car dubs.
viii. Evenl should promote Old Town La Veme and its merchants.
ix. Communi$ focus is just as important as the cars.
x. Event must identify and support one local charity (greater La Veme community prefened), for which the event provides a predefined amount of support, and promote this in promotional materials. PROMOTER, CITY, and DBID shall agrce to the chari$.
xi Event must provide for safe, organized skeet dosure and traffic control (to be approved by Ctty); both setup and tear down; a defined schedule for both setup and tear down in a timely manner so as to not impact the local businesses. xI OrganizaUon and a urell-coordinated plan is needed for all aspects of the event. Pre-event meeting with City Statr/DBID are required at least 45 days and 10 dap prior to the event dates. Organizer shall be aacessible by rnobile phone and email up to, and including, the dap of the events. xiii. Event staff should be easily identifiable on day of event (e.9. uniform color/design shirts or jackets). xiv. Ability to accommodate local merchants into the event, allowing exterior presence where feasible. xv. Accommodation of youth activities and performances into tte event is encouraged. xvi. Prcmoter is enoouraged to obtain sponsors for event- Except for potential Old Torrn merchant ontribution, event must otherwise be self-sustraining; no other City or merchant subsidy. xvil Raffles, "50/501s," and the like are expressly prohibited, except for bona fide (501c3), designated charitable organization. Event may provide entry prizes to participant entrants-
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78 Monday, July 20, 2020, City Council Meeting Page No. 67
xvnr. Promoter to provide music for event: preferably a 'classic rock" sgle band or DJ with apprcval by CITY at least 30 days prior to the event.
xtx. There shall be no outside food vendors as part of the events. However, food vendors selling items not provided by Old Town businesses may be approved on a case-by-case basis.
3.
A. PROMOTER shall promote and operate a car show on the sheets of the CITY on the Saturday followtng Thanksgiving for the CRUt$lN LA VERNE car show on November 24 2018, and for tuuo (2) successive yeafti thereafter. The precise location, hours, and other details of the car show operation shall be set folttr in a Special Event Permit issued by ClW. Hours of car show shall be approximately 6:00 a.m. to 6:00 p.m., except that variance may be considered by CITY, so long as it's consistent with noise limttations set by the Municipal Code. Setup of car shoar, including parking of cars, shall not begin prior to 5:00 a.m. on day ofevent.
B. PROMOTER shall prornole and operate a car show on the street of the City on the Saturday preceding Easter, refened to as the l-A VERNE COOL CRUISE car show beginning April 13, 2019 and for two successive yearc thereafter. The precise location, hours, and other details of the car show operation shall be set forth in a Special Event Permit issued by the CITY. Hours of the car show shall be approximately 6:00 a.m. to 6:00 p.m., except that variance may be considered by CITY, so long as it's oonsistent with noise limltations set by the Municipal Code. Setup of car show, including parking of cars, shall not begin prior to 5:00 a.m. on day of event.
C. PROMOTER shall apply for a Special Event Permit and street dosure permit for the car shor as soon as possible following execution of the Agreement, but not later than 45 days prior to event date. PROMOTER shall provide all information deemed neoessary by CITY for mnsideration of permit, including but not limited to food seMce, restrooms, entertainment (both live and prerecoded), general layout, list of all vendors (14 days prior to event), specifics of proposed street closure, and provisions for deanup and refuse disposal.
D. PROMOTER shall obtain, and submit to CIfY (45 days prior to event), individual liability insurance certificates and required endorsements for car show event, all food vendors, amusement rides and/or devices, animal exhibits or rides, and any other use determined to be non-
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standard by CITY. lnsurance certificates and required endorsements shall name CITY, DBID, and PROMOTER as insureds and provide a minimum $ 1,000,000-liabllity poliry per occunenoe.
E. PROMOTER may, but is not required to, provide food service. ln the event food service is provided, however, PROMOTER shall be required to provtde evidence of mmpliance with reguired health permit(s) not less than ten (10) days prior to event. Any food vendor proposed shall be reviewed and approved by CITY.
F. PROMOTER shall be responsible to ensure thal any necessary permits and franctrises required by law from other agencies (e.9. Health Depar&nent, Agrictlture Dept, etc) are obtained by vendo(s) or PROMOTER prior to event, with no obligation or cost to CITY.
G. PROMOTER shall, following CITY's approval of the submitted plan, provide and set up with PROMOTER'S personnel, all traffic contuol, booths, equipment, etc so event will begin on time and disassemble all booths and equipment immediately afier the event so normal trafiic is restored as soon as reasonably possible.
H. PROMOTER shall maintain clean and saG conditions, and an attractive appearance, of all aspects of the event. l. PROMOTER shall comply with all City ordinances and directives, as specified in approved SpecialEvent Permit.
J. PROMOTER shall provide all necessary toilets and disposal services. K. FROMOTER shall be responsible for parking vehicles at the street closures to prohibit vehicles from driving into the event area.
L. PROMOTER shall provide all necessary electrical service for the CRUISIN l.A VERNE and l-A VERNE COOL CRUISE car shows, except for incidental power that can be accessed from existing outleb in Mainiero Square and Transportation Park. Any requirement for additional power, including use of generators, shall be at sole expense and responsibility of PROMOTER.
M. FROMOTER shall allow businesses in DBID to be vendors, without charging a fee, for participation in the car show provided that:
1) The business has an actual business (brick and mortar) in the DBID and the products or seMms prodded by the business at
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the car show are the same Ftoducts or servioes ctstomarily sold or provided at the business premises;
2l Each such business complies with all rules, governmental regulations that apply to all other vendors including, but not limited to, providing insurance, obtaining all City and County Health Deparfnent permits, and complying with any Americans with Disabilities Act requirements that may apply to the business.
N. PROMOTER shall conduct the event in full oompliane with the Americans with Disabilities Act.
O. PROMOTER shall submit a security plan for tte appnrvalof the Chief of Police. The Chief of Police shall have the authority to requlrc revisions to the approved security plan as necessitated by experience in conducting the event. As compensation for City provided seurity, PROMOTER shall provide payment to "La Verne Police DeparEnent Reserves" in the amount of $750, not less than thirty (30) days prior to the day of each event.
P. PROMOTER shall submit all marketing and participant registration materials to City (Community Development Director) for approval prior to use or distribution.
Q. PROMOTER shall determine the fees to be charged to participants and vendors participating in either car show, at PROMOTERS' discretion, except that btrsinesses within Old Toum La Veme Business District shall not be charged a fee for participation.
R. PROMOTER, after onsultation with the DBID Advisory Board and the CITY, shall determine setup and anangement of event, and the respective location of entertainment, restrooms, vendors, and any other booths or services, if provided.
$. Within 45 days afier mmpletion of the event, PROMOTER shall provide a written report in a memorandum format to CITY and DBID, detailing number of participants, a summary of the events and a fiscal summary.
4.
A. CITY shall provide access to non-confidential, non-privileged plans, maps, and rccords necessary for completion of PROMOTER'S services.
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B. CITY shall assist PROMOTER in publicizing the car show through mailings generated by CITY'S various guides, electronic media, video media, mailings and publications, provided there is no increase in costs to CITY from inclusion of PROMOTER'S advertisements and prumotional materials in such. CITY will provide website hosting for promotion of the event, as feasible.
C. CITY shall provide personnel and servies as necessary for normal and routine public safety servi@s, including routine police, fire, and paramedic services, except for security payment required, as noted in Section 3 of this Agreement.
D. CITY shall waive any and all costs to PROMOTER for issuance of Special Event Permit, Street Glosure Permit, Public Works Permit, Use of Type lll banicades, Business License, and other administrative review necessary for the management, promotions, and operations of either car show.
E. Clry shall provide all necessary trash containers, trash clean up, and refuse disposal services.
F. CITY shallwaive any and all msts to PROMOTER for all routine and incidentral msts associated with and public safety personnel as required to provide and perform services as described within this Agreement, except that clTY reserves the right to rcquire payment by PROMOTER for costs incurred by CITY ttat are unusual and/or in excess of itrs normal operations and Standing personnel costs.
G. CITY shalt reserve the authority to require ctanges to event specifics, date, time, and other aspects as it deems fit to protect the health, safety, and vtrelfare of the ommunity and general public.
H. CITI shall set up and tear down street banicades for street closure and reopening. L CITY shall provide assistance in filing and approval of city required permits.
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5.
A. Workers'Comoensation lnsurance. PROMOTER shall obtain and maintain in full force and effect thrcughout the entire term of this Agreement full workers' compensation insurance and Employers Liability lnsurance with a minimum limit of $1,000,000.00, in accordance with the prcvisions and requirements of the Labor Code of the State of California.
B. Liability_g$l Vehicle lnsurance. PROMOTER shall obtain and maintain in full force and effect throughout the entire tenm of this Agrcement a Broad Fomt Comprehensive Commercial General Liability (omurrcnce) policy (fonn CG 0001) and a lnsurance Services 0fiice form number CA 0001 (Ed. 1/87) covering Automobile Liability, including Code I (any auto) and endorsement CA 0025, with minimum limitrs of $1,000,000.00 aggregate and $1,000,000.00 per occunence, per year. $aid insurance shall protect PROMOTER and the CITY from any claims for damages for bodily injury, including accidental death, as well es from any claim fur property darnage which may arise from operations related to this Agreement or either car show. The following provisions shall be made a part of all insurance policies required by this section:
1. Additional lnsured: 'The City of La Veme and its elec{ed or appointed officials, employees, agents, volunteers and officers, including but not limited to officers of the DBID Advisory Board, are hereby added as additional insureds."
2. Primary Coverage: "This policy shall be mnsidered primary insurance as nespects any other valid and collectible insurance or self-insuranoe the City of La Veme may possess including any self-insured retention, and any other insurance or the City of ta Verne may possess shall be considered exc€ss insurance and shall not contribute with it."
3. Effective as Sepanate Policy: "This policy shall act for eact insurcd as though a separate policy had been written for each except that the limit of liability of the insuring company will not be increased by this provision.'
4. Notice of Cancellation: "Thirly days'prior to written notice by certifted mail, retum reeipt rcques$, shall be given to the City of La Veme in the event of suspension, cancellation, duc.tion in overage or in limits or non-renerrual of this policy for whatever reason."
5. Waiver of Subrogation: The policies shall also be amended, as necessary, to waive all rights of subrUgation against the City of La
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Veme and its elected or appointed ofiicials, employees, or agents including but not limited to offcers of the DBID Advisory Board.
C. Qualified lnsurane. The insurance required by this Agreement shall be with insurers which are Best A:Vll rated, or better. GITY shall be induded as an additionalinsured on each of the policies and policy endorsements.
D. Evidence of lnsurqnce-Coveraop: lnsurance Policies. Copies of policies and endorsements that lmplement fte requircd @\rerage shall be provided to CITY and maintained cunent throughout the term of this Agrcement. CITY shall have the right of inspection of all insurance policies required by this Agrwment. PROMOTERS shall notrff CITY before destroying Contractor's mpies of such policies, regardless of whether such destruction occurs during or after the term of this Agnsernent.
E. Self-lnsurance. To the extent permitted by law, all or any part of any required insurance may be provided under a plan of self{nsuran@ approved by the State of Califomia.
F. lndemnitv bv PROMOTER. PROMOTER will indemnifo, defend, and hold harmless CITY against and in respect of, any and all daims, demands, losses, costs, expenses, obligations, liabilities, damages and recoveries, including interest, penalties, and attomeyfees, that CITY shall incur or sufier that arise out of, result from, or are related to any breach of, or any f;ailure by PROMOTER to perform, any of its representiations, warmnties, covenants, or promises oontained in this Agreement, or in any schedule, ceilificate, doctment, exhibit, or instrument fumished to CITY, or othenrise to be tumished by PROMOTER under this Agreement. G. lndemnitv bv Clfi. CITY will indemnifo, defend, and hold harmless PROMOTER against and in respec{ of any and all claims, demands, losses, costs, expenses, obligations, liabilitieS, damages and rccoveries, including interest, penalties, and attomey fees, that PROMOTER shall incur or suffer that arise out of, result from, or are related to any breach of, or any failure by CITY to perform, any of its representiations, warranties, @venants, or promises contained in this Agieement, or in any sctredule, certificate, document, exhibit, or instrument tumished to PROMOTER, orotherwise to be fumished by CITY under this Agreernent. 6. Term and Termination. 6.1 Term. The term of this Agreement shall mmmenoe on the Effective Date and terminate on April 4,2A21. The indemnity provisions of this Agreement shall continue in full force and effect after the termination date.
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6.2 Termination, This Agreement may be terminated by either pafi following a material breach by the other which rcmains uncured thirty (30) days after written notice of intent to terminate has been given, specifying the breach in reasonable detail.
6.3 Termination bv CIW or PROMOTER. Within sixty (60) days after the CRUISIN t.A VERNE and LA VERNE COOL CRUISE events held in the 2019 and 2020 seasons, CITY or CONTRACTOR shall have the right to terminate this Agreement by giving thirty (30) days written notice to the other party.
7
7.1 No Litioation. PROMOTER shall represent and wanant that there is no action, suit or other proceeding as of the Effective Date, at law or in equity, before or by any court or govemmental authori$, pending or, to PROMOTER'S best knowledge, threatened against PROMOTER which is likely to result in an unfavorable decision, ruling or finding which would materially and adversely affect PROMOTER'S abili$ to tulfill its obligations under this Agreement.
7.2 lnformation Suoolied bv PROMOTER. PROMOTER reprcsents and wanants that all information supplied by PROMOTER in all submittrals made in connection with the negotiation and award of this Agreement is conect and oomplete in all material respects. 8. CoHPENSAnO!
For services provided by PROMOTER in accordance with this Agreement, CITY shall pay the amount of $1,750 to PROMOTER per event, not later than 30 days prior to each event. The total amount paid in this manner shall not exceed $3,500 during each fiscal year. Any funds paid to PROMOTER by the DBID shall be credited as payment by CITY and credit as payment per the above terms of compensation. The oost of providing any mailing services or photcopylng by CITY or DBID shall be deducted from the compensation due to PROMOTER.
9.
PROMOTER is and at all times shall remain an independent contmctor, and not the employee of the CITY. PROMOTER may perform services for other cities, persons cr entities as PROMOTER determines in his sole discretion.
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10. GENERALpRO!flSKlHS
10.1 Comoliance with Law. NohMthstanding anything in this Agreement to the mntrary, PROMOTER shall at all times comply with all applicable laws and regulations now in force and as they may be enacted, issued or amended during the term of this Agreement. PROivIOTER shall specifically comply with all laws relating to raffles, lotteries, prize drawings, etc. Specifically, no '50/50" type raffles are permitted.
10.2 Assionment. PROMOTER shall not assign or subcontract all or any substantial part of this Agreement without the adnane written consent of CITY. The CITY specifically identifies Craig Hoelzel as key peraonnel assigned to this Agreement. ln the event that Craig Hoehel is no longer personally managing the event on behalf of PROMOTER, CITY may terminate this Agreement.
10.3 Waiver. The waiver by either party of any breach of any provistons of this Agreement shall not be deemed to be a waiver of any breach of any other provision nor of any subsequent breach. The aeceptanee by either party of any money or other performance shall not be deemed to be a waiver of any pre- existing, concunent or subsequent brcach of this Agreement.
10.4 Notice of Li$oation. Each parly shall deliver prompt written notice to the other of any claim, action, or legal proceeding that conoems or relates to the either car show or the ability of either party to perform this Agreement.
10.5 Entirq.Aore-emeni This document ontains the entire Agreement betureen the parties with respect to the matters covered herein. The parties represent and wanant that there have been no prior or contemporaneous agreements, arrangements, statements, promises, inducements, conditions, wananties, representrations, covenants or understandings between the parties pertaining the subject matter of this Agreement, written or oral, expressed or implied, which have not been inwrponated herein.
10.6 No Third Partv Beneficiarv. Nothing in this Agreement is intended to confer on any percon other than the parties hereto any rights or remedies.
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10.7 SeverabiliU. lf any provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or enforceability of such provision shall not affect any of the remaining provisions of this Agreement, which shall be enforced as if such invalid or unenforceable provision had not been contained herein.
10.8 I . This Agreement shall be interpreted and construed reasonably, and neither for nor against either party, regardless of the degree to which either party participated in its drafting. The captions and headings herein are for convenience of reference only and are not part of this Agreement but may be used in interpreting this Agreement.
10.9 Amendment. This may not be modified or amended in any respect except by a written amendment signed by authorized representatives of both parties.
10.'lO Attornev's Fees. lf any legal action, or any arbitration or other proceeding is brougtrt for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in @nnection with any of the provisions of this Agreement, the successful or prevailing party or parties shall.be bntiled to recover reasonable attorney's fees and other costs incuned in that action or proceeding, in addition to any other relief to which it or they may be entitled.
10.12 Arbitration. Any daim or controversy arising out of or relating to this Agreerient or to the 6reach of this Agreement shall be resolved exclusively by arbitration in accordance with the rules of the American Arbitration Association' using any competent arbitrator selected under those rules' and judgment on the awaid granted'by the arbitrator may be entered in any court having jurisdiction thereof] The place of arbitration shall be in Los Angeles County, Califomia, or any other place mutually agreed upon by the parties.
.10..13 Notices. All notices, requests, demands, and other communications under this egEfr-ent shall be in wriiing, and shall be deemed to have been duly given onltriO"t" of service, if serrred personally to the party to whom notice is to be given,oronthethirdbusinessdayaftermailingifmailedtothepaltytowhom iotl"" i. to be given, by 'l st-class mail, or certified, postage prepaid, an9.-proPerlY addressed to tf,e partils at the addresses set forth below (or as modified by a subsequent notice).
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I
11. WAIVER
The fee waiver shall apply only to services and various permits required and provided by CITY to PROVIDER for either car show event. These services and various peimits include, but are not limited to, Special Event Permit, Public Works Permit, Business License, traffic inspections and staff time to review each car show event; exception identified in Section 3(P).
CIry OF LA VERNE 3660 D Street q/>=f{y La Verne CA 91750 orru,
Robert Russi, City Manager
q,?.+.lb FLYING DEUCES Box 307 Brea, CA92822 Craig Hoelzel, PROMOTER
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Agenda Report CITY OF LA VERNE Community Seruices Department
DATE July 20, 2020
TO Mayor and City Council Members FROM Bill Aguirre, Community Services Director w SUBJECT Extension of the Jack Huntington, Jim Scranton Pride of La Verne Awards, and the Older American Award through 2021
Agenda Summarv
The City Council salutes volunteers in the community every year. This year, at the February and April City Council meetings, Council approved the Jack Huntington and Jim Scranton Pride of La Verne award recipients and the Older American award recipient. Due to the COVID-19 pandemic, all award recipients were not recognized at the 4th of July parade and the La Verne Day at the Fair. Since they have not been recognized formally to the public, staff would like to extend their recognition by one year. The recipients are Denny Sharpe (Jack Huntington Award), Carolina Coppolo (Jim Scranton Award) and Diane Victor (Outstanding Older American).
Recommendation
Staff is recommending the City Council extend the Jack Huntington, Jim Scranton Pride of La Verne and the Older American award winners for one year through 2021.
Backqround
Jack Huntington Award was named after S. Jack Huntington, who moved to La Verne in 1970. Despite heavy professional obligations and time commitments to the U.S. Naval Reserve, Jack became actively involved in the community as a volunteer. He was active in various local organizations including the La Verne Jaycees, Little League and the Youth Basketball program. Jack also served as a City of La Verne Commissioner for more than 15 years, completing two terms on the Parks & Recreation Commission as well as two terms on the Planning Commission. Jack Huntington was a citizen volunteer who exemplified the Pride of La Verne through selfless service to the community.
This year the Jack Huntington Pride of La Verne Award was presented to Denny Sharpe. Denny is a long-time La Verne resident. For the last 40 years he has served as Treasurer of the Fourth of July Committee and he has never missed a meeting. Denny has served on the La Verne Rotary Club, La Verne Chamber of Commerce, and Downtown La Verne Business lmprovement District. Denny has also volunteered as a RSVP with the La Verne Police Department since 2005. He is an avid cyclist and has logged 40,000 miles in four years. !n
89 Monday, July 20, 2020, City Council Meeting Page No. 78
2013, he helped form the La Verne Bicycle Coalition. ln addition to his service locally, Denny also served in the United States Navy. Denny exemplifies the Pride of La Verne with his commitment and service to the community.
Jim Scranton Award was named after long time resident Jim Scranton, who was a member of the Youth Sports Committee since its inception. ln 1986, he formed the La Verne Lazers Soccer Club organization, which provides youth an opportunity to play soccer at a highly competitive level. Jim also spent five years on the City Sports Park Committee, which resulted in the development of 35 acres of sports fields for the community. He also participated in the La Verne women's soccer program as a coach. Jim is survived by his wife Susan and their children. The Youth Sports Committee recommended that a Pride of La Verne Youth Sports Volunteer Award be named in honor of Jim Scranton. Jim Scranton was posthumously honored with the inaugural award.
This year the Jim Scranton Pride of La Verne Award was being presented to Carolina Coppolo. Carolina has volunteered with AYSO for nearly 20 years and has continued to make a lasting impact on the City and the community. Carolina first joined AYSO as a volunteer coach for her son Andrew's U6 soccer team with her husband Mark. She went on to coach her daughter's soccer teams. She joined the AYSO Board and became the Child and Volunteer Protection Advocate (CVPA). She has served as Treasurer and Assistant Regional Commissioner before accepting the position of Regional Commissioner. She is a staple to the region and could be found unlocking gates on Saturday mornings, overseeing team distribution and rating nights, lining up teams at picture day, and accepting player forms all while having a smile on her face, and a cup of coffee not too far away.
Outstanding Older American Award is part of the Los Angeles County Commission for Older Adults 55th Annual Older Americans Recognition Day (OARD) Awards Program, which honors a senior citizen from each city in Los Angeles County.
SeniorAdvisory Committee recommended and awarded Diane Victor as the City's Outstanding Older American. Diane has been volunteering as an excursion leader for the City since 201 1 . She averages 12 excursions a year, which can be 8-12 hour days. From Solvang to San Diego, she loves to go on these trips. Diane is by far one of our best guides as she is informative, always on time, and well organized. She takes the time to speak to all trip participants to see what they enjoyed and didn't enjoy on each trip and always collects future trip suggestions from participants. This is helpful in booking successful excursions for the community center participants. She has been a driving force in implementing changes within the excursion booking process to ensure the trips run safely and smoothly.
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a o o CITY OF LA VERNE Community DeveloPment
DATE: July 20,2020
TO: Honorable Mayor and CitY Council
FROM: Eric Scherer, AICP, Community Development Director
SUBJECT: Resolution No. 20-56 - Adoption of a resolution authorizing execution of a First Amendment to a Land Lease Agreement with Verizon Wireless
AG SU
In October 2019 the City Council authorized execution of a Land Lease Agreement with Verizon Wireless for the lease o? a portion of Mainiero Square to operate a wireless communications which was tacitity. veri=on wireless is requesting an amendment.to the Land Lease Agreement, proposed in December 2019, to accuiately reflect the lease space to be utilized by the to "*""rt"dnew wireless facility, as well as account for the potential expansion of the lease area accommodate a future co-location at the site.
Iilit
execution of a staff recommends that the city council adopt Resolution No. 20-56 to authorize portion of Firit n."nar"nt to a Land Lease Agreement with Verizon Wireless for the lease of a (Attachment A). fr4ainlero Square to operate a wireleJs communications facility
ND
city for their verizon wireless was required to execute a Land Lease Agreement with the p[p"r"a ,* square for a new wireless communications facility. The requirement Nos. 34-19PPR and 35- for the Land Lease"iMainiero Agreemeni*". condition of approval for case lgCUP,whichwereapprovedbytheDevelopmentReviewCommitteeandthePlanning" Lease Agreement Co.riirio", respectively. fne 6ity Corncil authorized execution of the Land was executed on December at tn"ii Octobe,' Zl , ZOt S meeting ind the Land Lease Agreement 16,2019. Mainiero Square' The agreement outlines the terms of Verizon's use of the property at including, but not limited to, the following: (5) year extensions; r An initial lease term of five (5) years with four (4) automatic five and o A total annual renta| fee of $40,800 to be paid in equal monthly installments;
91 Monday, July 20, 2020, City Council Meeting Page No. 80 Mainiero Square Lease Amendment July 20,2020 Page2
n An annual rent increase equal to two (2) percent of the rent in effect for the immediately preceding lease year.
DISCUSSION OF PROPOSAL
Amendment to Land Lease Aoreement
Verizon Wireless is requesting a First Amendment to the Land Lease Agreement to address two (2) items: 1.) to allow for additional aerial square footage to be included as part of the agreed upon lease area and 2.) to allow for the expansion of the lease area into a 15' by 15' area in order to accommodate additional equipment in the event a second carrier is added to the wireless facility site (Attachment B).
The need for additional aerial square footage in the lease area is necessary to ensure decorative elements of the wireless communications tower remain within the lease area. The final design of the proposed wireless communications tower includes decorative features, such as a faux roof and trim, which protrude past the main frame of the tower structure. lt is necessary for the decorative features to protrude in order to have the intended visual aesthetic and effect. Thus, while the frame of the tower structure continues to be contained within the originally agreed upon 18' by 1 8' or 324 square foot lease area at grade, elements of the tower extend beyond the 18'by 18'lease area above grade. Verizon Wireless is requesting to extend the aerial lease area to 24' by 24', ot approximately 576 square feet. The proposed lease amendment to include additional aerial lease area is being done out of an abundance of caution, and to prevent any confusion or issues in the future.
The second component of the lease amendment addresses the potential addition of a second carrier, also known as co-location, at the wireless facility site. The initial lease area will only accommodate the required ground equipment for one carrier - Verizon Wireless. ln order for a co-location to occur at the wireless facility site, the potential second carrier will need a separate area to locate the ground equipment necessary for their operations. The proposed lease amendment outlines the terms for a second carrier's use of a 15' by 15' area. The City will collect a monthly rental fee of $1 ,250 with two (2) percent per year increases for the 15' by 15' area in addition to the $3,400 monthly rental fee for the initial '18' by 18' lease area. A preliminary concept of the site design, as well as the design of the equipment enclosure to be iocated in ifre 15' by 15' area, has been included as an exhibit to the lease amendment, but the final architecture and design will ultimately require review and approval by the Community Development Department. The addition of this expanded '15' by 15' lease area will not require a separate Conditional Use Permit per the conditions of approval for the Conditional Use Permit approved by Planning Commission in Resolution No. 1244 allowing the Verizon Wireless communicaiions facility at Mainiero Square (Attachment C). The City Attorney has reviewed the lease amendment and has no concerns with the proposal.
Respectfully submitted by: Maia McCurley, Associate Planner
Attachments A. Resolution No.20-56 B. Exhibit 1 - Lease Amendment C. Planning Commission Resolution No. 1244
92 Monday, July 20, 2020, City Council Meeting Page No. 81
RESOLUTION NO. 20-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO A LAND LEASE AGREEMENT wtrH Los ANGELES SMSA LIMITED PARTNERSHIP (DBA VERIZON WIRELESS) (PROPERTY LOGATION: MAINIERO SQUARE (APN 8377-014- e03)).
BE lT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. That the C ity Manager of the City of La Verne be hereby authorized to execute a First Amendment to a Land Lease Agreement with Verizon Wireless. The City Council hereby approves the First Amendment to Land Lease Agreement attached hereto as Exhibit 1 and made a part hereof by reference as though the same were set forth in full herein.
Section 2. That the Mayor shall sign and the Assistant 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 20th day of July, 2020.
Tim Hepburn, Mayor
ATTEST
Lupe Gaeta Estrella, Assistant City Clerk
I hereby certify that the foregoing Resolution No. 20-56 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 20rH day of July, 2020, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Lupe Gaeta Estrella, Assistant City Clerk
93 Monday, July 20, 2020, City Council Meeting Page No. 82
Lessee Site LD.: LaVeme Lessee Location Code: 264027
FIRST AMENDMENT TO LAND LEASE AGREEMENT
This First Amendment to Land Lease Agreement (the "Amendment") is made and entered into this _ day of 20 (the "Effective Date"), by and between the City of La Verne ('ol-essor"), and Los Angeles SMSA Limited Partnership dlbl a Y eraon Wireless ("Lessee").
RECITALS:
WHEREAS, Lessor and Lessee entered into that certain Land Lease Agreement dated December 16, 21lg (the "Agreement"), pursuant to which Lessor leases to Lessee certain premises located at an Unaddressed Parcil in La Verne, CA, 91750 APN: 8377-014-903, and as more particularly described therein; and
WHEREAS, Lessor and Lessee desire to amend the Agreement as provided herein.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee hereby agree as follows:
l. Capitalizedterms not defined herein shall have the same meanings ascribed to such terms in the Agreement. 2. Exhibit "B" to the Agreement is hereby deleted in its entirety and replaced with Exhibit "B-1" attached to this Amendment and incorporated herein by reference. From and after the Effective Date, any references to Exhibit "B" to the Agreement shall be deemed to refer to Exhibit "B-1" to this Amendment. 3. The following sentence shall be added to the end of Section 7 of the Agreement: .,Notwithstanding the foregoing, Lessor acknowledges that the communications equipment may require additionai aerial sq:uare footage as provided in Exhibit B-1, and hereby approves of such use to the extent necessary."
4. The following provision shall be added to the Agreement as Section 19(c):
Notwithstanding the limitations on Lessee's rights to assign the Agreement contained in Section or consent 19 and elsewheie in the Agreement, Lessee shall have the right, without the approval of Lessor, to assign the Agreement to a wireless tower company such as byt not limited to TowerCom. The Farties heieby agree to expand the Premises, as that term is defined in the Future Carrier 15'- 0" x 15'- 0" Lease Agreement, to include the area described as "Proposed i'C" made a part hereof (the Area,,, as more particularly described on Exhibit attached hereto and ,,Lease Expansion Area"). The monthly rental payment for the Lease Expansion Area, which shall be One shall be paiO Airectty to ihe City or its iuccessoi-in-interest by any future carrier, per year increases. Rental Thousand Two Hunired Fifty Dollars ($1,250.00) per month with2%o payments for the Lease Expansion Area shall begin on the first day of the month immediately ioito*irg the future carrieris commencement of ionstruction. The addition of a second carrier by will notiequire a second Conditional Use Permit but will be subject to review and approval the Community Development Department'
1
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5 The Parties hereby reaffirm their rights and obligations under the Agreement as modified by this Amendment. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. The Agreement and this Amendment contain all agreements, promises or understandings between Lessor and Lessee. No verbal or oral alreements, promises or understandings shall be binding upon either Lessor or Lessee in any dispute, contioversy, or proceeding at law, and any addition, variation or modification to the Agieement or this Amendment shall be void and ineffective unless made in writing and signed by thi parties hereto. ln the event any provision of the Agreement or this Amendment is found to be invitiO or unenforceable, such a finding shall not affect the validity and enforceability of the remaining provisions of the Agreement or this Amendment.
appear on the immediatelyfollowing pagef lThe remainder of this page is intentionally blank. Signatures
.|
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IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the date indicated above.
LESSOR:
City of La Verne, a municipal corporation
By: Name Its Date:
LESSEE:
Los Angeles SMSA Limited Partnership, a California Iimited partnership dlbl a Y eruon Wireless
By AirTouch Cellular Inc.,Its General Partner
By: Name: Title: Date:
3
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EXHIBIT (B-1"
DEPICTION OF THE PREMISES
[See attached I page]
4
97 Monday, July 20, 2020, City Council Meeting Page No. 86 I EX|STING SCE VAULT #5049822 EXISTING MANHOLE AND PROPOSED AND PROPOSED \ERIZON I.fSSEE LESSEE FrBER SOURCE (OPION POIER SOURCE (OPnON #2) #2) (TOTAL FIBER nOUE (TorAL PowER---.\ RoUTE -7oo') -385') UJ EXISTING SCE VAULT AND PROPOSEO PROPOSED \ERIZON LESSEE T.ESSEE PonER SOURCE (oPnON #1) UNOERGROUND POV{ER TRENCH I (ToTAL PoYIER RoUIE -565') (oPnoN #2) (-70) I UNDERGROUND PROPOSED LESSEE PUI.IBOX AT JONT TRENCH E\ERY 250, AND AS NEEDEO #2) (-llo')
P
I FIBER 3&o PROPOSED I (oPnoN I 1I... (TOTAL ROUIE -165')
LESSEE UNDERGROUND o AND FIBER TRENCH (oPnoN #1) (-s0)
I EXtSIlNG TO
a-t--
TREES TO REMAIN PROPOSED AERIAL SQUARE FEET TO AN AREA x (-s76 so. FT.)
PROPOSED LESSEE 18'-0'X 1E-0" LEASE AREA (-32a sa. FT.) T,ft " PROPOSED LESSEE 5'WDE NON-EXCLUSIVE WALK PA'IH OF ACCESS P APN: 8377-01 4-003 ZONED: OI."D TOU/TII SPECIFIC PLAN (orlvsP) I
SPECIRC PLAN o I I a F tr t- o 4l = I
APN: 8377-01 3-01 7 ZONED: OLD TOW! SPECIFIC PLAN (oTLV:iP)
SCALE:
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I RESOLUTIONNO. 1244 2 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA VERNE, 4 COI.JNTY OF LOS ANGELES, STATE OF CALIFORNIA, A?PROVING CASE NO. 5 35-I9CUP, A CONDITIONAL USE PERMIT TO ALLOW AVERIZON WIRELESS 6 COMMT]NICATIONS FACILITY WTI{IN A PROPOSED TOWER AT MAINIERO SQUARE (APN 8377-014-903). 8 9 WHEREAS, on Marchz7,2019, Chris Colten of Spectrum Services Inc., on behalf of l0 Verizon Wireless, submitted an application for a Conditional Use Permit to allow for the l1 installation and operation of a wireless commrmications facility within Mainiero Square; and 12 13 WHEREAS, Section 9.3 of Specific Plan 12-13, the Old Town La Veme Specific Plan, l4 requires a Conditional Use Permit for this pupose; 15 16 WHEREAS, the City General Policy for Establishment of Cellular and Other Wireless 17 Communication Facilities, adopted by the City Council at its meeting of September 5, 1995, l8 directs that any application for a cellular communication facility require application to the l9 Planning Commission for a Conditional Use Pennit; and 20 2l WHEREAS, on September 3, 2019, the Dwelopment Review Committee reviewed and at recommended approval ofthe applications to the Planning Commission; and 23 24 WHEREAS, Section 18.108.010 tluough 18.108.180 of the La Veme Municipal Code )< authorizes the Planning Commission to consider such requests subjeot to certain findings; and 26 27 WHEREAS, the Community Development Department has reviewed the project with 28 respect to the environmental impact and has determined that the application is categorically 29 exempt from the Califomia Environmental Quality Act (CEQA) per Section 15303 (Class 3) 30 subsections d and e, and per Section 15304 (Class 4) subsection b, and is exempt tom the Ia 31 Veme Environmental Guidelines; and 32 JJ WHEREAS, a notice of public hearing was published in the Inland Valley Daily 34 Bulletin on August 30, 2019 and notices were mailed on August 28, 2019 to property owners 35 within 500 feet of the property; and 36 37 WHEREAS, the Planning Commission conductd a duly noticed public hearing on 38 September 1 1, 2019, taking oral and written testimony; 39 40 NOW, TIIEREFORE, BE IT RESOLVED by the Planning Commission of tlre City of 41 La Verne: 42 43 Section l. Environmental Detcrminrtion, The Planning Commission HEREBY 44 AFFIRMS and DETERMINES that Case No. 35-19CUP, an application for a Conditional Use 45 Permit to allow the installation and operation of a wircless communications facility within the 46 Open Space District of the Old Town La Veme Specific PIaq is categorically exempt ftom
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I envirorunental review pursuart to the California Environmental Quality Act (CEQA) Section Z 15303 (Class 3) subsection d and e, and Section 15304 (Class 4) subsection b, and is exempt 3 from the La Veme Environmental Guidelines, and that no additional environmental review is 4 required,
6 Section 2. Findings. The Planning Commission IIEREBY FINDS and DETERMINES 7 that the proposed Conditional Use Pernit (Case No. 35-l9CUP) satisfies the findings of 8 Section 18.108.030 of the [.a Veme Municipal Code in thal: 9 10 I. The proposed use and development are each cowistent with the General Plan and the l1 applicahle land use zone. t2 13 IINDING: The property has a General PIan designation of Open Space and is located 14 within the Open Space District (Parks or Plazas) of the Old Town La Veme Specific 15 Plan area (SPl2-13) which conditionally permits wircless communications uses, 16 including the construction and maintenance ofa wireless communications tower, with 17 an approved Conditional Use Permit and an approved Precise Plan Review application. 18 Therefore, the proposed wireless communications tower is consistent with the General l9 Plan as well as the land use zone. 20 21 2. The site for the proposed use is adequate in size, shape, topograplry, accessibility, and aa other physical characteristics to accommodate the proposed use and development in a )7 manner compatible with existing and proposed surrounding land uses. 24 J< FINDING: The project will include the constuction ofa new 60' craffsman-style 26 tower within a portion of the re-designed Mainiero Square . The wireless 27 communications antennas will be mounted within the inside ofthe proposed new tower 28 and additional equipment necessary for the operation of the wireless communications 29 facility will be located within an enclosure at the base of the tower, The tower along 30 with the required wireless communications equipment will be incorporated into 31 Mainiero Square in a manner compatible with sunounding land uses. 32 JJ 3. The development site has ddequdte access to those utilities and other services requiredfor 34 the proposed use. 35 36 FINDING: The project site has access !o all necessary utilities and will be providing 37 additional service to the community by supplying additional wireless coverage to the 38 area 39 40 4. The proposed use will be arranged, designed, constucted, operuted and maintained so as 4l to be compatible with the character of the area as intended by the General Plan. 42 43 FINDING: The proposed wireless communications tower will be unmanned with only 44 periodic site maintenance by technicians. Moreover, the wireless communications 45 antennas will be located entirely within the tower and will not be visible to the public' 46 The proposed design, operation and maintenance of the wireless communications towet
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I will ensure the pmposed project remains compatible and consistent with surrounding .,) development in the area- J 4 5. Potential adverse fficts upon the surrounding properties will be minimized to the ertent practical and any remaining adverse fficts are justified by the benefits conferred tryon the 6 neighborhood or community as a wlole. 7 8 FINDING: No potential adverse effects on surrounding properties are expected; the 9 wireless commrmications anteruras will not be visible to the public and the architecture 10 of the tower will enhance the visual aesthetics of Mainiero Square. Furthermore, the 11 increased wireless coverage provided by the proposed new wireless communications 12 tower will benefit the neighborhood and community as a whole. 13 14 Section 3 , Approval. ln accordance with the provisions of the t a Verne Municipal l5 Code, the Planning Commission IIEREBY APPROVES Resolution No. 1244 andthe 16 accompanying environmental determination subject to the following conditions ofapproval: t7 18 l. Approval ofCase No. 35-I9CUP is contingent upon approval of Case No. 36-19SPA 19 @lanning Commission Resolution No. 1245 and a future City Council Resolution) 20 authorizing the adoption of a Specific Plan Amendment to conditionally permit 2t wireless communications within the Open Space District @arks or Plazas) of the OId 22 Town La Veme Specific Plan. 23 24 2. Approval of a future City Council Resolution authorizing the execution of a land lease )< agreemenl between Verizon Wireless and the City of La Veme shall be required prior 26 to the issuanoe ofbuilding permits. 27 28 3. The project approval is subject to all requirements and restrictions ofthe Brackett Field 29 Airport Land Use Compatibility PIan, including submitting the proposed Foject to the 30 FAA for review. 3l 1' 4. All equipment, including antennas, shall be adequately screened and/or located within 33 the proposed tower such that it is not visible to the public. 34 3s 5. The proposed 8' block wall equipment enclosue at the base ofthe tower shall be 36 stuccoed. 37 38 6. The final ptans shall indicate the tower is eligible for a potential colocation by another 39 wireless provider contingent upon separate design rwiew and permit requiremetrts of 40 the City of La Veme. 41 42 7. The applioant acknowledges that the proposed tower could potentially include a co- 43 location with another provider. While the co-location would not require a separate 44 Conditional Use Permit, it would be subjected to review and approval by the 45 Community Development Departsnent. 46
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1 8. Prior to final building inspections and sigr-off, the applicant shall submit for the City's 7 review and satisfactio4 certification that the project complies with all applicable FCC J and PUC requirements. 4 { 9. The project shall comply with all applicable noise ordinances. 6 7 10. All uses and structures shall be maintained in a clean and safe manner, and such uses 8 and structures shall be subject to periodic review by the City ofla Veme. 9 l0 I I . No use or activity shall cause or produce any nuisance to adjacent sites including but l1 not limited to sound, air pollutioq dust emissions, or toxic or nontoxic odors, or toxic 12 or nontoxic matter. 13 14 12. In the event that the City must take legal action for the enforcement of any ofthe 15 provisions ofthis approval, the applicant shall be responsible for legal fees. t6 17 13. No modification to facilities, use or intensity ofuse shall be permitted without l8 Community Development Departrnent review and approval. l9 20 14. ln the event that the use ofthe project is abandoned, the applicant shall remove the 21 antennas and all related wireless communications equipment to the satisfaction ofthe 22 Community Development Deparhnent within 180 days of being so notioed by the City. 23 24 15. The applicant or subsequent operator ofthe wireless communications facility shall 25 comply with the conditions contained in this resolution and the standard list of 26 conditions for the project. 27 28 16. The Community Development Departrnent may review the application at any time for 29 compliance with all conditions of approval. 30 31 17. The applicant shall be responsible to oorrect any nuisance impacts. Failure to corect 32 any nuisance upon notice by the City of La Veme shall be cause for revocation of this 33 permit. 34 35 18. To the firllest extent permitted by law, the applicant shall indernifr, defend and hold 36 harmless the City of La Veme, its City Council, its boards and commissions, officials, 37 officers, employees, and agents from and against any and all claims, demands, 38 obligations, damages, actions, causes of action, suits, losses, judgneuts, fines, 39 penalties, liabilities, costs and expenses (including without limitstion, sttomey's fees, 40 disbursements, and court costs) of every kind and whatsoever which may arise ftom or 4t in any manner related (directly or iudirectl, to the City's approval of this project 42 including, but not limited to, the approval of all applications associated with this 43 pmject; and/or the City's related California Environmental Quality Act determinations 44 such as the certification of the environmental decision, the adoption ofa Mitigatiou 45 Monitoring Program (if one was adopted), and/or statement of overriding 46 considerations (if adopted) for this project, except to the extent such claims, demands,
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I obligations, damages, actions, causes of action, suits, losses, judgments, fine, penalties, 2 liabilities, costs and expenses are caused by the negligence or willful misconduct of the 3 City, its boards and commissions, officials, offrcers, employees, and agents. This 4 indemnification shall include, but not be limited to, damages awarded against the City, 5 and/or the parties initiating or bringing such proceeding. The applicant shall indemnifr 6 the City for all of the City's costs, attorneys' fees, and damages which the City incurs 7 in enforcing the indemnification provisions set forth in this condition. The applicant 8 shall pay to the City upon demand any amount owed to the City pursuant to the 9 indemnification requirements prescribed in this condition. l0 11 19. Violation of any of the conditions of approval shall be grounds for revocation of this T2 permit. 13 t4 20. This permit shall be conditional upon the privileges being utilized within one year after 15 the effective date of approval. Discontinuance of the approved uses for twelve (12) t6 consecutive months or more shall constitute an abandonment of the pemrit. t7 18 21. Anaffidavit accepting the standard list of conditions and the conditions above shall be t9 signed by the applicant and be returned to the Community Development Department. 20 2t Section 4. Signature. The Chairman shall sign and the secretary shall attest to the 22 approval of Resolution No. 1244. 23 24 APPROVED AND ADOPTED this t lffi day of September, 2019, by the Planning 25 Commission at La Veme, California. 26 27 1 28 r 29 30 31 ATTEST:"il'^r/*,illdk 32 33 34 35 Secretary, Planning Commission
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o 0 3 CITY OF LA VERNE
DATE: July 20,2020
TO: Honorable Mayor and City Council
FROM: Eric Scherer, AICP, Community Development Director
SUBJECT: Resolution No. 20-57 - Adoption of a resolution authorizing execution of a Memorandum of Agreement with the San Gabriel Valley Council of Governments for the development and implementation of programs to prevent homelessness
SIIIIII
The San Gabriel Valley Council of Governments (SGVCOG) has allocated funding to cities for the development and implementation of programs to prevent homelessness in alignment with iities; aAopteO Homeless Plans and the County of Los Angeles' Homeless lnitiative Strategies. p-rovisions The SGVCOG requires execution of a Memorandum of Agreement (MOn) !o set forth related to the programs and services to be implemented with the allocated funding. Staff has prepared a resolution to authorize execution of a MOA for this purpose'
IIII=TN staff recommends that the city council adopt Resolution No. 20-57, authorizing the city council n/l"n"g".to execute the Memorandum of Agreemenl (MOA) with the san Gabriel Valley of Goiernments (SGVCOG) for $365,000 for the following programs:
1.) lmplementation of the city's adopted "Plan to Prevent and Reduce Homelessness" (Homeless Plan) ($1 50,000); prevent 2.) bevelopment and'implementation of a Preventi-on and Diversion Program to City residents from becoming homeless ($15,000); 3.) lmilementation of a Pilot Program to test innovative direct homeless solutions ($200,000); and 4.) iarticipation in a regional landlord outreach and incentive program'
BAC county of Los The SGVCOG is a regional ptanning entity comprised of the thirty (30) cities, the advocates for regional n"g"f"", anO tne watEr Oistricts in tfie San CaUiiet Valley. The SGVCOG r"rU"r interests, and develops and manages regional programs to support its member jurisdictions."ni
programs in its member ln fiscal year 2019-20, the SGVCOG received funding for homeless in" scvcoc was atlocated $5,625,000 in the FY 2019-20 State Budget, included at irritoi"ii6"r. by the in" ,"qr".i State Senator Susan Rubio. The SGVCOG was also allocated $1'541 ,876 "r
107 Monday, July 20, 2020, City Council Meeting Page No. 96 SGVCOG MOA for Homeless Programming July 20,2020 Page 2
County of Los Angeles, through a newly developed Innovation Funds program, which allocated carry-over Measure H funding to the County's Councils of Governments.
f n January 2020, the SGVCOG worked with staff from its member cities to identify regional homeless programs and to develop a framework and approach to distribute funding. The proposed programs and formulas were designed to maximize regional programs in order to take advantage of economies of scale, ensure equlty, and provide cities with the ability to more easily access funds that could be used to implement their homeless plans. Funding was allocated to cities based on population for the implementation of their homeless plans. Each city was also allocated funding to develop and implement a homeless prevention and diversion program, and could apply for funding to implement innovative pilot programs. Finally, each city could opfin to a regional landlord outreach and incentive program.
DI cusstoN
To access funding, each city was required to submit an application and scope of work outlining the proposed activities, approach, and budget, and, upon submittal ofthe applications, to execute a MOA with the SGVCOG which defines the programs and activities to be completed. An overview of the activities and programs included in the City's scope of work can be found below:
Homeless Plan lmplementation ($150.000) on June 18,2018 the City Council approved Resolution No. 18-33, adopting the city's "Plan to Prevent and Reduce Homelessness" (Homeless Plan). The adopted Homeless Plan outlines four (4) strategic goals, along with supporting action items, to prevent and reduce hom_elessness ouerihe courJe oi three (3) years. lmplementation of the Homeless Plan and its identified goals and actions is based upon the City's ability to access the necessary resources, opportunities and funding required for implementation. Staff has made substantial progress during the first two years Jf the Plan's impiementation, but additional funding and resources will allow for further progress to be made.
The sGVCOG has allocated $150,000 to the city to further implement the city's Homeless Plan. Homelessness prevention is one of the primary objectives of the City's Homeless Plan and as such, staff intends to utilize the $150,000 allocation to provide rapid re-housing, prevention and diversion interventions, and case management services for La Verne residents at risk of homelessness or experiencing homelessness. Union Station Homeless Services, a homeless services provider that currenily provides other homeless-related services within the City, will be adminiitering these programs and services on the City's behalf'
The proposed rapid re-housing services will provide stepp.ed down rental assistance to individuals who have becomeiomeless and would benefit from short-term, limited assistance in order to obtain and maintain housing. The prevention and diversion services will provide rental, defosit or other low-cost interventions, such as utility assislance, to prevent individuals from neinj evicteO or otherwise losing their existing housing. Atl households that are receiving either rapiire-housing assistance or plevention and diversion.assistance would also receive case management s;rvices from trained Union Station Homeless Services staff'
'12- The rapid re-housing and prevention and diversion programming are proposed to run for a month'project perioJ from September 2o2O to August 2021. During the project period it is
108 Monday, July 20, 2020, City Council Meeting Page No. 97 SGVCOG MOA for Homeless Programming July 20,2020 Page 3 estimated that approximately 6 households will be served under the rapid re-housing program, 16 households will be served under the prevention and diversion rental and deposit interventions, and 40 households will be served by prevention and diversion low-cost interventions. lf the program is found to be successful the City may authorize an extension of the program Ueyond tne initial 12-month period. All funding must be expended by May 31,2022'
ntion nP 1
The City was allocated $15,000 to develop and implement a homeless prevention and diversion progo; Homeless prereniion and diversion programs are targeted towards residents at-risk of bec"oming homeless or those that are recently homeless. The intent of this program is to initiate ,,problem-solving" conversations with a client in order to identify actions needed.to either ensure tirey remain in hlousing or move them quickly into housing. Potential outcomes based on pro'bla, solving convjrsations would include resolving conflicts with roommates, providing reunite with family shortterm rentlal assistance to prevent eviction, and helping a client _ Plan members. Staff intends to combine the $1 5,000 allocation with the $150,000 Homeless tmflementation allocation to provide for a total of $]65,000 in funding for the proposed rapid re- nolr.ing, prevention and dive;sion, and case management services that will be administered by must be union Siition Homeless Services. Ten percent (10%) of the $15,000 funding allocation December 31, by May 31 , 2Q21, and ail the remaining funding must be expended by "-pL.J"o2021.
P city ln partnership with the cities of Baldwin Park, Duarte, lrwindale and west covina, the program ,pbri"o ior and received $2oo,ooo in funding for a homeless workforce development knownastheGreenPathwayCareerPilotProgram.Theproposedpilotprogramwillbea Energy N-etwork lof faUoiatire effort with Los Angeles County's Southern California Regional Services and the Departme;t of workforce Devetopment, Aging and community isoc"laerul The pilot program iwonCSt. as well as the aforementioned five (5) SGVCOG member cities. of 18 to 24-years- iriir tlis"i'1136.ition-"se youth (TAY), which includes youth between the ages tn" ,ost v-ulnLrable'popuiations to fall into homelessness. The Green Pathway Cri"","rJ,'o"iioi piogr", will provide educition, training, and vo-cational certification in the energy of decreasing the liarrtrv t" r f o rnv prrticipants ore-i three (3) years with the intent "tfi.i"""Iv beconiin! homeless by providing job security. The five (5) participating nrru".6t vorng'adults local tigether to oissem]nate informaiion abou[the program and collaborate with .iiLr *iri*lrr will serve p.riO"rJand stakeholders to recommend enrollees. SoCaIREN and WDACS job services. The $200,000 in ""*L"as tne aiministrators of the training, certification and search All funding must be expended frnOing *ifl cover the costs of t-he fertification training and tests. by rfiay 31 , 2021.
nd and incentive program that The SGVCOG allocated $4oo,ooo to a regional landlord outreach an existing ;;; ;p"; 6;.' city for participation. The-intentof this program is to augment of Los Angeles, which encourages Homeless lncentive program (ilte) operated by the county Section 8 voucher holders' and incentivizes landlords to rEni t'neir avaitaUle units to homeless fees, move-in assistance (e.9. 1146.;trry i;";;iives inctude pioriJrg hotding fees, apptication selected two i"potit1, and vacancy ioss p-ayment6'Jhe SGVOOG procured and Homeless services a homeless services """rritvconsultants to implement thi.'progrJ;l union station -
109 Monday, July 20, 2020, City Council Meeting Page No. 98 SGVCOG MOA for Homeless Programming July 20,2020 Page 4 provider in the San Gabriel Valley - and S. Groner Associates - a public outreach and engagement firm. The selected consultants will work with each participating city to develop a plan and approach to engage landlords, and to implement the incentive program in each participating city.
Memorandum of Aqreement (MOA)
The MOA with the SGVCOG outlines the responsibilities of both the City and the SGVCOG. Responsibilities of the SGVCOG include administering and managing regional programs, reviewing and paying cities' eligible invoices within thirty (30) days of approval, reviewing and approving procurement processes, and providing regional coordination through meetings and calls. Responsibilities of the City include participating in regular working group meetings and other regional coordination meetings, abiding by approved procurement processes, administering contracts and programs, submitting quarterly invoices and reports, and submitting deliverables as required. The MOA and associated scopes of work are included as Attachment B. Resolution No. 20-56 (Attachment A) authorizes the City Manager to execute the MOA between the City and the SGVCOG.
Respectfully submitted by: Maia McCurley, Associate Planner
Attachments: A. Resolution No. 20-57 B. Memorandum of Agreement with the San Gabriel Valley Council of Governments
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RESOLUTION NO.20-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENTWITH THE SAN GABRIELVALLEY COUNCIL OF GoVERNMENTs(SGVcoG)FoRTHEDEVELoPMENTANDIMPLEMENTATIoN OF PROGRAMS TO PREVENT HOMELESSNESS
BE lT RESOLVED by the City Council of the City of La Verne as follows:
section 1. That the city Manager of the city of La Verne be hereby authorized to exefriil-Memorandum of Agreement with the San Gabriel Valley Council of Governments (SGVCOG), said Memorandum of Agreement being in the form attached hereto and made a part hereof by reference as through the same were set forth in full herein.
ectio That the Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption ofthi s Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 20th day of July, 2020'
Tim Hepburn, MaYor ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk and regula adopted I hereby certify that the foregoing Resolution No. 20-57 was duly held on the 20 day of by the C ity Council of the CitY of La Verne at a meeting thereof July, 2020, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Lupe Gaeta Estrella, Assistant CitY Clerk
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MEMORAI\DUM OF AGREEMENT
CITY HOMELESS PROGRAM MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LA VERNE AND THE SAN GABzuEL VALLEY COI.]NCIL OF GOVERNMENTS (SGVCOG)
This Memorandum ofAgreement ("MOA") is by and between the City of La Verne (City) and the San Gabriel Valley Council of Governments (SGVCOG) to be effective as of the date signed by both Parties.
RECITALS:
A. The SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies;
B. The SGVCOG entered into a contract with the County of Los Angeles for the purposes of administering Measure H funding allocations in support of the County's Homeless Initiative (HI) strategies to combat homelessness in the San Gabriel Valley;
C. The SGVCOG received funding from the State of California via the 2019 Budget Trailer bill for the purposes of combating homelessness in the San Gabriel Valley;
D. The SGVCOG allocated a portion ofthis funding towards the implementation of member cities' previously-developed homeless plans, the development of programs to prevent homelessness, and the implementation of pilot programs;
E. The SGVCOG also allocated a portion of this funding to a landlord outreach and incentive program in which cities could opf to participate and eiecuted a contract with Union Station Homeless Services and S. Groner Associates to implement the program;
F. The SGVCOG procured shared housing navigation services and support in which cities could opt to participate and executed a contract with Union Station Homeless Services to implement the program;
G. The City seeks to develop homeless programs;
H. The City's homeless programs will support strategies and solutions to prevent and decrease homelessness within the City, based on local concerns and priorities;
I. The City and the SGVCOG have a shared desire to successfully develop homeless programs to combat homelessness in the San Gabriel Valley;
J. The City opted to participate in the SGVCOG's landlord outreach, education, and incentive program;
K. The City seeks to participate in workforce development pilot program focused on transition- aged youth in coordination with the SGVCOG and the County of Los Angeles; and
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L. The City and the SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA.
NOW, THEREFOI{E, the Parties agree to the following:
I. TERM:
The term of this MOA shall commence upon execution of the MOA by all Parties and shall continue through the date upon which all eligible expenditures have been reimbursed. The term of this MOA may be extended by mutual agreement of both Parties by way of an amendment to this MOA.
II. RESPONSIBILTIES OF EACH OF THE PARTIES:
A. SGVCOG l. Undertake procurement, execute, and manage consultant and service provider contracts as necessary for regional homeless programs. 2. Review and pay properly submitted invoices for regional homeless programs and eligible City homeless program activities. 3. Manage and administer contracts and pay invoices for the following regional programs in which the City is participating: a. Landlord Outreach and Incentive Program; b. County Workforce Development Pilot Program. 4. Manage invoicing and reporting schedules and deadlines. 5. Coordinate participation in conference calls and/or meetings as necessary. 6. Hold monthly Homeless Working Group meetings with City's Project Manager to support information sharing. 7. Retain $165,000 from the City's allocation to administer the contract with Union Station Homeless Services on behalf of the City to implement the City's rapid rehousing, prevention, and diversion program through August 31,2021. The SGVCOG will work with the City to ensure that all services are received in compliance with the Union Station Homeless Services Agreement and process invoices and provide payment to Union Station Homeless Services.
B. City l. Must maintain membership in the SGVCOG during the entire term of this MOA. 2. Participate in monthly Homeless Working Group meeting. 3. Provide any updated point-of-contact described in Section III.B to serve as the City's Project Manager with name, title, and contact information. 4. Participate in scheduled conference calls and/or meetings throughout the term of this MOA. 5. Respond to SGVCOG and/or contractor requests related to the City's programs in a timely manner. 6. provide feedback and respond to SGVCOG and/or contractor requests for the City's participation in regional programs, including the landlord outreach and incentive program and the workforce development pilot program. 7. For participation in the Landlord Outreach and Incentive Program: a. Respond to requests, provide data and information as requested, review materials, and provide input to the SGVCOG and its selected vendor 2 l50l4ll.l
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to support the implementation of the Regional Landlord Education, Outreach and Incentive Program in the City. 8. For participation in the County Workforce Development Pilot Program: a. Provide feedback to the SGVCOG on the implementation of the workforce development pilot program. 9. For participation in the prevention, diversion, and rapid rehousing program: a. Respond to requests, provide data and information as requested, review materials, and provide input to the SGVCOG and Union Station Homeless Services to support the implementation of the prevention, diversion, and rapid rehousing program. b. Provide guidance and direction to the SGVCOG ensuring that Union Station Homeless Services is providing the required level of service to the City.
III. PROJECT MANAGEMENT:
A. For purposes of this MOA, the SGVCOG designates the following individual as its Project Manager:
Samantha Matthews SGVCOG Management Analyst 1000 S. Fremont Ave, Unit 42 Bldg. Al0-N, Suite 10210 Alhambra, CA 91803 626.457.1800 [email protected]
B. For purposes of this MOA, the City of La Verne designates the following individual as its Project Manager:
Maia McCurley Associate Planner 3660 D Street La Veme, CA 91750 909.596.8706 mmccurley@cityofl averne.org
C. Additional parties' contacts include the following individuals:
Marisa Creter Executive Director San GabrielValley Council of Governments [email protected]
D. Either Party may change its Project Manager or contacts upon written notice to the other ParU.
IV TERMINATION: A. This MOA may be terminated by either Party atany time without cause. Termination will occur 30 days after written notice is issued by a Party to the other Party's Project 3 l50l4l l.l
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Manager. The City shall stop work and not incur any additional expenses upon receipt ofor issuance ofsuch notice, except that which is reasonable and necessary to effectuate the termination. The City shall be entitled to reimbursement for eligible expenses that are reasonably and necessarily incurred up to the date that such termination is effective.
B. This MOA may be terminated for cause at any time for a material default by one of the Parties upon written notice to the applicable Project Manager. In the event of termination for cause, termination will be in effect three days after deposit of the written notice in the U.S. Mail, postage pre-paid, unless otherwise stated atalater time in the written notice.
V. INDEMNITY:
A. Neither the SGVCOG or its respective officers, employees, consultants or volunteers (the "SGVCOG Indemnitees), shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by the City or its respective officers, agents, employees, or volunteers under or in connection with the performance of this MOA.
B. Neither the City or its respective officers, employees, consultants or volunteers (the "City Indemnitees), shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by the SGVCOG or its respective officers, agents, employees, or volunteers under or in connection with the performance of this MOA
C. The City shall indemniff, defend and hold the SGVCOG Indemnitees harmless from and against any liability, claims, losses, actions, and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any legal fees and any claims for damages of any nature whatsoever arising out of or resulting from the City's obligations under this MOA, unless caused by the negligence or willful misconduct of SGVCOG.
D. The SGVCOG shall indemniff, defend and hold the City Indemnitees harmless from and against any liability, claims, losses, actions, and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any legaLfees and any claims for damages of any nature whatsoever arising out of or resulting from the SGVCOG's obligations under of this MOA, unless caused by the negligence or willful misconduct of the City of La Verne. vI.
A. In performing this MOA, neither the City nor SGVCOG is a contractor, agent or of the other. Neither the City or SGVCOG shall represent themselves as "mploy"rcontractors, agents or employees of the other Party and shall have no powers to bind the other Party in contract or otherwise.
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115 Monday, July 20, 2020, City Council Meeting Page No. 104
B. This IVIOA, along with the applicable funding requirements of the SGVCOG's agreement with the County of Los Angeles, constitute the entire understanding between the Parties, with respect to the subject matter herein. The MOA shall not be amended except in writing signed by the Parties.
C. Neither Party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquake, fires, acts of a public enemy, pandemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOA.
D. Neither Party shall assign this MOA, or any part thereof, without the prior written consent and prior approval of the other Party, nor any assignment without consent shall be void and unenforceable.
E. This Agreement shall be governed by California law and any applicable federal law
F. If any provision of this MOA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
G. The terms of this MOA shall inure to the benefit of, and shall be binding upon, each ofthe Parties and their respective approved successors and assigns.
In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties.
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116 Monday, July 20, 2020, City Council Meeting Page No. 105
FOR THE CITY OF LA VERNE
By: Bob Russi City Manager
Date:
APPROVED AS TO FORM:
Robert Kress City Attorney
FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
By: Marisa Creter Executive Director
Date:
APPROVED AS TO FORM:
David DeBerry General Counsel
6 l 50l4l l. l
117 Monday, July 20, 2020, City Council Meeting Page No. 106
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118 Monday, July 20, 2020, City Council Meeting Page No. 107
Agenda Report CITY OF LA VERNE City Attorney's Office
DATE: July 20,2020
TO: Honorable Mayor and CitY Council
FROM: Robert L. Kress, City Attorney
SUBJECT: Reaffirming Local EmergencY
AGEN f,[It!lrY]
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 isked to reaffiim the ongoing need for the local emergency that has been declared ahd reaffirmed by the Council.
m
Staff is recommending that the City Council adopt Resolution No. 20-58, reaffirming the ongoing need for the local emergency declared by Resolution No. 20-17.
BAC D: on March 16,2O2O, the La Verne City council ratified the Director of Emergency services' declaration oi a local emergency by adopting Resolution No. 20- t 7. The continuing need for the local emergency has previously been affirmed by the Council' The Efforts to stop the spread of the pandemic continue at the national, state and county levels. conditions that required the declaration of a local emergency continue to exist as of this date'
119 Monday, July 20, 2020, City Council Meeting Page No. 108
RESOLUTION NO.20.58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA REAFFIRMING THE ONGOING NEED FOR THE LOCAL EMERGENCY INITIALLY DECLARED ON MARCH 16,2O2O
WHEREAS, on March 16, 2020, the City Council adopted Resolution No. 20-17 declaring the existence of a local emergency due to the Covid-l9 pandemic; and
WHEREAS, the reasons for declaring the local emergency still exist,
NOW, THEREFORE, BE lT RESOLVED, by the City Council of the City of La Verne, State of California as follows:
Section 1. The Council reaffirms the ongoing need for the local emergency declared by Resolution No. 20-17 adopted on March 16,2020.
Section 2. This Resolution shall take effect immediately upon its adoption'
PASSED, APPROVED and ADOPTED this 20th day of July, 2020.
Tim Hepburn, Mayor ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
CERTICATION
I hereby certify that the foregoing Resolution No. 20-58, was duly and regularly adopted by the City Council of the City of La Verne at a regular meeting thereof held on the 20th day of July, 2020, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Lupe Gaeta Estrella, Assistant City Clerk
120 Monday, July 20, 2020, City Council Meeting Page No. 109
3 o CITY OF LA VERNE Public Works Deparfinent
DATE: July 20,2O2O
Mayor and City Council
FROM: Daniel W. Keesey, Assistant City Manager/Director of Public Works
SUBJECT: Safe Clean Water Municipal Funds Transfer Agreement with Los Angeles County Flood Control District
DA SIJ
Staff is seeking Council authorization to enter into an agreement with the Los Angeles County portion of Flood Control bistrict 1t-RCfCD) for the transfer of funds coming from the Municipal the Safe Clean Water Program. This agreement formalizes the details that include eligible expenditures, reporting requirements and timelines.
rl ENDAT
Staff recommends approval of Resolution 20-59, authorizing the City Manager t9 execute the attached Transfer Agieement Between the Los Angeles County Flood Control District and the to the CliV Verne to tiansfer funds from the Safe Clean Water Program-Municipal Program City of"iL" La Verne.
Kd D
The MS4 permit is the State's implementation of the Federal National Pollutant Discharge in rii.inatio" System (NpDES) program, which was developed and .is continuously. adapted 1."rponr" to t'he Ctein Watei Actl lt is enforced by the Los Angeles Regional Water Quality on Coi1roi eo"rO, (Regional Board). The latest permit, adopted by the Reg-ional .Board November 8, 2Oi2 ia very complex and includes provisions that place a significant burden on cities to regulate and mitigate potential pollutants in storm water'
Due to the lack of funding for these cumbersome requirements, the county of Los Angeles W proposed a property tax mLasure to be placed on the_ballot in November of 2018. Measure Program anO ls now known as the Safe dlean Water Program. The Safe Clean Water [asseO, three revenues are collected as a parcel tax by Los Angeles county and are broken into The District program, which receives 107o of the funds, is kept by LACFCD to cover program, which the""i"g;ri"s. iost of administration and implementation of the program. The. Regional receives 50% of the funds, are allocated as competitive funding for infrastructure construction, based projects imptementation, operations and maintenance, and adminlstration of watershed ihe Municipat program, which is the topic of this agreement, receives 40% of the ;;i ;;6;;;;. programs and rrnOi, r,,rn"n go directly to the in;ividual cities to carry out compliance activities, projects.
121 Monday, July 20, 2020, City Council Meeting Page No. 110
City Council, re: Safe Clean Water Municipal Funds Transfer Agreement July 20, 2020 Page 2 of 2
ln order to receive the Municipal program funds, the City must execute the attached agreement and submit an expenditure plan. The annual expenditure plan details the use of funds and how they relate to the Safe Clean Water Program goals. City staff plans to utilize these funds for compliance requirements such as: trash capture system purchase, installation and maintenance, increased consultant costs for project research and design, auditing and reporting costs, along with some staff time for sitting on the Upper San Gabriel Valley Watershed Area Steering Committee. A dedicated fund has been created per the requirements. Expenditure accounis will be created as needed, for new projects. Additionally, staff will need to comply with various auditing and progress report requirements, as detailed in the agreement. The attached agreement will expire at the end of FY2023-24, at which time the City will enter into a new agreement, based on the then current agreement.
FISCAL
The estimated revenues for the City of La Verne, through this segment of the Safe Clean Water program are expected to be approximately $580,000 annually, for the next thirty years that can be used for various water quality related activities'
Respectfully submitted bY:
o
Lisa O'Brien Senior Management AnalYst
122 Monday, July 20, 2020, City Council Meeting Page No. 111
RESOLUTION NO.20-59
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXEGUTION OF THE SAFE CLEAN WATER MUNICIPAL FUN DS TRANSFER AGREEMENT BETWEEN THE CITY OF LA VERNE AND THE COUNTY OF LOS ANGELES FLOOD CONTROL DISTRICT
BE lT RESOLVED by the City Council of the City of La Verne as follows:
section 1. That the city Manager is HEREBY AUTHORIZED to execute an agreement between the City of ta Verne and the.County of Los Angeles Flood Control District for the transfer of funds from the Safe Clean Water Program-Municipal funds' ih" includes details about the goals of the program, reporting- and auditing requirJments"gr""."nt along with timelines, said Conlract being substantially in the form attached heieto and made i part hereof by reference as though the same were set forth in full herein.
Section 2. That the Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
APPROVED AND ADOPTED this 20th day of July 2020'
Tim Hepburn, MaYor
ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
CERTIFICATION
lherebycertifythattheforegoingResolutionNo.20-5g,.wasdulyandregularly.adopted.bythe 20o day of July, 2020, bv CIiv C"'r""ir'ri 1,e CitV of r_i Veinelii meeting thereof held onthe the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Lupe Gaeta Estrella, Assistant City Clerk
123 Monday, July 20, 2020, City Council Meeting Page No. 112
Municipal Program Agreement No.: 2020MP42
TRANSFER AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND LA VERNE AGREEMENT NO. 2O2OMP42 SAFE, CLEAN WATER PROGRAM - MUNICIPAL PROGRAM This Transfer Agreement, hereinafter referred to as "Agreement," is entered into as of June 25, 2O2O bt and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and La Verne, hereinafter referred to as "Municipality."
WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) program ordinance (chapter 16 of the Los Angeles county Flood control District_code) and-tne scw Program lmplementation ordinance (chapter 18 of the Los Angeles county Flood Control Dislrict Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District, for the imPlementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles CountY Flood Control District Code;
WHEREAS, pursuant to section 16.05.A.1. of the Los Angeles county Flood control oistrict CoOL, prior to their receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds;
WHEREAS, the Coun$ of Los Angeles Board of Supervisors has approved a standard template Ag reement, as required bY and in accordance with Section 18.09 of the Los Angeles Coun ty Flood Control District Code, for the transfer of SCW Program funds to Municipalities. NOW, THEREFORE, in consideration of the promises, mutual represertations, cove;ants and agreements in this Agreement, the..District and the Municipality, each agree as brnding itself, its Juccessors and assigns, do mutually promise, covenant, and follows: I. DEFINITIONS Flood The definitions set forth in sections 16.03 and 18.02 of the Los Angeles coun$ definitions shall control District code shall apply to this {greement. ln addition, the following also apply:
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Municipal Program Agreement No.: 2020MP42
"Agreement" means this Transfer Agreement, including all exhibits and attachments hereto.
"Annual Plan" means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code.
,,Days" means calendar days unless othenrvise expressly indicated.
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year.
"Safe Clean Water (SCW Program Payment" means the Municipality's annual allocation of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the District to the MuniciPalitY.
"Year" means calendar year unless otherwise expressly indicated.
II. PARTY CONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communicaiion-regarding the Municipal Program and the administration and implementation of this Agreement.
Los Cou Flood Control District Municipality: La Verne Name Name
Address: Address: Phone Phone Email: Email: primary point Either party to this Agreement may change the individual identified as the party' of contact ibore by providing written notice of the change to the other III. EXHIBITS INGORPORATED BY REFERENCE The following exhibits to this Agreement, including any amendments and supplements hereto, are h-ereby incorporated herein and made a part of this Agreement:
EXHIBIT A - ANNUAL PLAN CONTENTS EXHIBIT B _ GENERAL TERMS AND CONDITIONS Practices) EXHIBIT c - NATURE-BASED SOLUTIONS (Best Management EXHIBIT D - OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT
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Municipal Program Agreement No.: 2020MP42
IV. MUNICIPALPROGRAMIMPLEMENTATION A. The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan for lhe 2020-21 Fiscal Year shall be submitted to the District no later than 4s-days after the execution of this Agreement by the last party to sign. An Annual Plan for each subsequent Fiscal Year shall be submitted not later than 9O-days prior to the start of the Fiscal Year for which the Plan is prepared. B. The Municipality shall utilize the SCW Program Payments in compliance with Chapters '16 and 18 of the Code.
C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06.
V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. The District shall disburse the Municipality's SCW Program Payment for the 2020- 21 Fiscal Year within 4S-days of the signed executed Agreement or within 14-days of the District's receipt of the Annual Plan for 2020-21 Fiscal Year in compliance with Exhibit A, whichever comes later. The initial disbursement of SCW Program Payments shall include the amount of revenue collected by the District at the tim.e of Agreement execution; any additional funds that are subsequently collected will be disbursed by August 31,2020. generally IB scw Program Payments in subsequent Fiscal Years will be available for disburiement by August 31, provided a duly executed transfer agreement is in effect and sunlea to tne rraunicipality's compliance with the conditions described in paragraph C,'below; however the District may, in its djscretion, change the date ind iumber ofthe actual disbursements for any Fiscal Year based on the amount and timing of revenues actually collected by the District'
For subsequent Fiscal Years, the District shall disburse the Municipality's scw Program Payment upon satisfaction of the following conditions: (1) the District has recdived tne Rnnuai progress/Expenditure Report required pursuant to Section 18.06.D of the Code; (2)ihe Distiict has received Municipality's Annual. Plan for that Fiscal year, and 1i)ine Municipality has complied with the audit requirements of Section 8-6 of Exhibit B. be D Notwithstanding any other provision of this Agreement,-no disbursement shall made at any tirie oi in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations. the terms E All disbursements shall be subject to and be made in accordance with and conditions in this Agreement and Chapters 16 and 18 of the Code'
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Municipal Program Agreement No.: 2020MP42
Vl. Term of Agreement
This Agreement shall expire at the end of the 2023-24 Fiscal Year. The parties shall thereafter enter into a new agreement based on the most recent standard template agreement approved by the Board. Vll. Execution of Agreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument. The District and the Municipality hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been atfixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non- facsimile/electronic) transmission of "original" versions of such documents.
Further, the District and the Municipality: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if uied, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature.
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Municipal Program Agreement No.: 2020MP42 lN WTNESS WHEREOF, this Agreement has been executed by the parties hereto.
LA VERNE
By
Name:
Title:
Date:
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT:
By
Name:
Title:
Date:
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128 Monday, July 20, 2020, City Council Meeting Page No. 117
on." JI,' l,': :5f ! t"#XI ", EXHIBIT A - ANNUAL PLAN CONTENTS A-1. Description of all projects anticipated to be funded using the SCW Program Payment. lnclude a discussion of how the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-2. Description of all programs anticipated to be funded using the SCW Program payment. lnclude a discuision of how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-3. Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment. lnclude a discussion of how those activities will result in the achievement of one or more SCW Program Goals. Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project.approach.
A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-5. Description of post-construction monitoring for projects completed using the SCW program eaymeni. Additional post-construction monitoring activities,.even if funded by olner soulces, should be referenced to provide an overview of anticipated overall project approach. A-6. provide the status of any projects that have been awarded (or are seeking award of) lnstitute for Sustainable lnfrastructure (lSl) verification, if applicabte. A-7. provide the budget for the activities described in provisions A1 through A-5 SCW Program PaYment.
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Municipal Program Agreement No.: 2020MP42
EXHIBIT B - GENERAL TERMS AND CONDITIONS
B-1 . Accounting and Deposit of Funding Disbursement
'1. SCW Program Payments distributed to the Municipality shall be held in a separate interest-bearing account and shall not be combined with other funds. lnterest earned from elch account shall be used by the Municipality only for eligible expenditures consistent with the requirements of the SCW Program.
2. The Municipality shall not be entitled to interest earned on undisbursed scw Program Payments; interest earned prior to disbursement is property of the District.
3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP). 4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program Payment'
B-2. Acknowledgement of Credit and Signage The Municipality shall include appropriate acknowledgement of credit to the District s Safe, clean water Program for its support when promoting activities funded with_scw progiam funds or using any data and/or information developed SCW Program funds. WnJn tire SCW progrim Plyment is used, in whole or in part, for construction of.an infrastructure Projectlsignage shall be posted in a prominent location at Project site(s).or color at the Municipality's neatquirters and shall include the Safe, Clean Water Program 6go ti,"'forlowing disclosure statement: "Funding for this project has b'aen provided in"fulior"nJ in part from ihe Los Angeles County Flood Control District's Safe, Clean Water progrrr." At u minimum the signlhall be 2'x 3' in size..The Municipality shall also include the in eicn of its contracts for woik under this Agreement a provision that incorporates requirements stated within this paragraph'
when the scw Program Payment is used, in whole or in part, for a sciertiflc study, the inilude the following stalement in.the study report: "Funding for this rrriuni"ip"fity'b"g; shatt -part ;ily ilr provided in full or in from the Los Angeles Coung Flood Control of its Districts Safe, Cjean Water Program.'; The Municipality shall also include in each coniracts for work under this Agieement a provision that incorporates the requirements stated within this ParagraPh' B-3. Acquisition of Real Property - Covenant
property acquired in whole or in part with scw Program funds shall be used.for Any real program p;,i";G pr6gr"r, that are consistent with the scw Goals and with the provisions"nt of Chapter 1 6 and 18 of the Code. or in part, scw Any Municipality that acquires the fee title to real property using, in whole p;;g;; ir;;5'shatt record a document in the office of the Registrar-Recorder/County
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Municipal Program Agreement No.: 2020MP42
Clerk containing a covenant not to sell or othenrvise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld.
B-4. Amendment
Except as provided in Section ll of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.
B-5. Assignment
The Municipality shall not assign this Agreement.
8-6. Audit and RecordkeePing 1. The Municipality shall retain for a period of seven (7) years, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program payments. The Municipality, upon demand by authorized representatives of the Dijtrict, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated setlements, invoices, Lnd any other supporting evidence deemed necessary to substantiate charges related to SCW Program Payments and expenditures' 2. The Municipality is responsible for obtaining an independent audit to determine compliance'with the terms and conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18 of the Code. Iviunicipality shall obtain an independent audit of their SCW Program Payments every inru" (g) years. Audits shall be funded with Municipal Program funds.
3. Municipatity shall file a copy of all audit reports by the ninth (9th) mo1\h from the end of each three (3) yeir period to detail the preceding three (3) years of expenditures. Audit iep6rts shall be posted on the District's publicly accessible website.
Eve Third FiscalYear Audit Bes'[19 Audit 2020-21 7t112023 No later than 313112024
Chief 4 Upon reasonable advanced request, the Municipality shall permit the Engineer to examine the infrastructure Projects using SCW Program Payments. ThE Municipality shall permit the authorized District representative, including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit
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Municipal Program Agreement No.: 2020MP42
reports, other reports, books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination activities are considered Dishict administration of the SCW Program.
5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or '18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.'14of the Code.
B-7 . Availability of Funds
District's obligation to disburse the SCW Program Payment is contingent upon the availability of iufficient funds to permit the disbursements provided for herein. lf sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be obligated to make any disbursements to the Municipality under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Municipality with a right of priority for disbursement over.any Agreem.er]t other Municipality. lf any disbursements due to the Municipality under this ?re deferred becaus-e suffiiient funds are unavailable, it is the intention of the Diskict that such disbursement will be made to the Municipality when sufficient funds do become available, but this intention is not binding. lf this Agreement's funding for any Fiscal Year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Municipality to reflect the reduced amount.
B-8. Choice of Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under this Agreement. Municipal expenditures of a scw Frogr", payment that involves the District shall utilize a separate and sp.ecific agreement io inat erolect that includes appropriate indemnification superseding that in this Agreement.
B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to comply witlr all provisions of Chapters 16 and 18 of the Code'
B-1 1. Compliance with Law, Regulations, etc. The Municipality shall, at all times, comply with and require its contractors and subcontractors io comply with all applicabie local, state and federal laws, rules, guidelines, regulations, and requirements.
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^n,"","JIil,'::lrL!["'fl!il B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects
The Municipallty shall not abandon, substantially discontinue use of, lease, or dispose of all or a significint part or portion of any Project funded in whole or in part with SCIA/ program iayments'during ihe useful life (defined as 30 years unless specified othenrise in a-nnual plins and subslquent reports) of the Project without prior written approval of the Districi. Such approval may be conditioned as determined to be appropriate by the District, including a condition iequiring repayment of a pro rata amount of. the SCW Program Payments used to fund the Project together with interest on said amount acciuing from the date of lease or disposal of the Project.
B-'13. Disputes should a dispute arise between the parties, the party asserting the dispute will notiry the oyrer pa*lei in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute' lf the matter has not been resolved through the process set forth in the preceding p"i"grupn, any party may initiate mediation of the dispute. Mediation will be before a i:"tii"i or'meAiation service mutually agreeable 1o the parties' All costs of.the ilUg" by mealalirn,'inctuding mediator fees, will be paid one-half by the District and one-half tne Uunicipality. SdW Program Payments shall not be used to pay for any costs of the mediation. before The parties will attempt to resolve any dispute through the process set forth above filing any action relating to the dispute in any court of law' Registered Professional B- 1 4. Final lnspection and Certification of of the design phase and construction of a project' the Upon completion -before ( rtai"i.iprriti- shalt provide certi-ficaiion by a california Registered Professional, e', irotutlionlt Civil Engineer, Engineering deologist) that the design has been completed' Uponcompletionoftheproiect,theMunicipalityshallprovideforafinalinspectionand by a Califomia' Registered Profesiional (i.e., Professional Civil. Engineer, ",i*ln."ti"nEngineer.g 6eologist), that tie Project has been completed in accordance. with and in accordance suOmitteO f-inat plani and specifications and any modifications thereto with this Agreement.
B-15. Force Majeure. lntheeventthatMunicipalityisde|ayedorhinderedfromthenerformllggofanyact to procure ,"qrir"J hereunder by reason of stri-kes, lockouts, labor.troubles, inability other reasons of a maGriats not retated io the price thereoi, riots, insurrection, war, or of such acts shall iif." n"trr" beyond the contiol of tne Municipality, then _performance such i" for the period oflhe detay, and the period for the performance of any "r"r."o.n"tt be extended for a period equivalent to the period of such delay' "it
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Municipal Program Agreement No.: 202oMP 42
B-16. Funding Considerations and Exclusions with the 1 . All expenditures of SCW Program Payments by Municipality must comply provisions of chapters 1 6 and 18 of the Los Angeles county Flood control D,istrict bode, including but not limited to the provisions regarding eligible expenditures contained in section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3. 2.sCWProgramPaymentsshallnotbeusedinconnectionwithanyProject implementid as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("sEP") as defined by state water Resources control Board office of Enforcement written policies, or any other Project implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, !h9t SCW funds may be used for a Project implemented pursuant to a time schedule order (,,TSO',) issued by the Los Angeles Regional water Quality control Board if, at.the iime tne TSO wis issued, th! Project was included in an approved watershed managementprogram(includingenhancedwatershedmanagementprograms) developed pursuant to the MS4 Permit.
B-17. lndemniflcation
The Municipality shall indemnify, defend and hold harmless the District, the county of Los eng"iei anO tneir elected ani appointed officia.ls, agents, and employees from and ,!iir.i *V and all liability and expense, including defense costs, legal fees, claims, causes of action for damages of any nature whatsoever, including but not "nt personai iniury, or property damagei arising from or in f"Et.nr, io bodily injury, death, -it"J jny in whole or .".jrrAi". witn: tfj eroleci or erogram implemented by the Municipality, by the in iart, with SC!V'er6gram Payments or (2) any breach of this Agreement Municipality. B-'18. lndependentActor TheMunicipality,anditsagentsandemployees,ifany,intheperformanceofthis ngi""."nt,'rn"il act in an indlpendent capacity and not as officers' employees' or agents of the District. period of debarment The Municipality shall not contract work with a contractor who is in a from any ageniy within the District. (LACC Chapter 2 202)
B-19. lntegration full and complete This is an integrated Agreement. This Agreement is intended to be a staLment of tlne termJ of the agreeme-nt between the District and Municipality, and eipreisrv supersedes ,nd all prior oral written agreements' covenants' .or of this ie[r"re.tations and warranlies,"ny express or implied, concerning the subject matter Agreement.
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Municipal Program Agreement No.: 2020MP42
B-20. Lapsed Funds
1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from the end of the flscal year in which those funds are transferred from the District to the Municipality.
2. lf the Municipality is unable to expend the SCW Program Payment within five (5) years from the end ofthe fiscal year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.
J. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the, respective Watershed Area to a new Project with benelit to that Municipality, if feasible in a reasonable time frame, or otherwise to the Watershed Area.
4. ln the event that funds are to lapse, due to circumstances beyond the Municipality's control, then the Municipality may request an extenslon of up to twelve (12) months in which to commit the funds to eligible expenditures. Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.
5. The decision to grant an extension is at the sole discretion of the District.
o Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception.
I Year F Extension Transferred After Request Due 2019-20 6t30t2025 No later than No later than 3t31t2025 6t30t2026
B-21. Municipal Project Access
Upon reasonable advance request, the Municipality shall ensure that the District or any representative, will have safe and suitable access to the site of any Project authorized 'by imptemented the Municipality in whole or in part with SCW Program Payments at all reasonable times.
B-22. Non-Discrimination
The Municipality agrees to abide by all federal, state, and county laws, regulations, and poticies regarOing ion-discrimination in employment and equal employment opportunity.
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Municipal Program Agreement No.: 202OMP42
B-23. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein
B-24. Notice
1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or
b. Actions taken pursuantto State law in anticipation of filing for bankruptcy.
2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against the Municipality regarding its continued existence, consideration of dissolution, or disincorporation.
3. The Municipality shall notify the District promptly of the following: Fiscal a. Any significant-including deviation from the submitted Annual Plan for the current Yeir, discussion of any major changes to the scope of funded projectsorprograms,noteworthydelaysinimplementation,reductionin benefits or community engagement, and/or modifications that change the SCW Program Goals intended to be accomplished.
b. Discovery of any potential archaeological or historical resource. should a potential archaeoiogical or historical resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archieologist has evaluated the situation and made recommendations regarding preservation of the resource, and the District has determined what actions should be taken to protect and preserve the resource. TheMunicipalityagreestoimplementappropriateactionsasdirectedbythe District.
c. Any public or media event publicizing the accomplishments and/or lesults of thij Agreement and provide the opportunity for attendance and participation by Districlt representatives with at least fourteen (14) days' notice to the District.
B-25. Municipality's Responsibility for Work
The Municipality shall be responsible for all work and for persons or entities engaged in not limited to, contractors, wort< pertoimeo pursuant to this Agreement including, -but subcontractors, suppliers, and provid!rs of services. The Municipality shall be responsible toi responOing io iny anO all disputes arising out of its- contracts for work on the Project. The District i,itt noi mediate disputes between the Municipality and any other entity concerning responsibility for performance of work.
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Municipal Program Agreement No.: 2020MP42
8-26. Reporting
The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Municipalities shall report available data through the SCW Reporting Module, once available.
1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports, using a format provided by the Distfict, within six (6) months following the end of the Fiscal Year to the District to detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the Districi,s puilicly accessible website and on the Municipality's website. The Annual Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Breakdown of how the SCW Program Payment has been expended; c. Documentation that the SCW Program Payment was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code;
d. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to the Annual Plan and corresponding metrics; e.Discussionofanyexistinggapsbetweenwhatwasplannedandwhatwas achieved for the prior year, include any lessons learned; f. Description of the Water Quality Benefits, Water Supply Benefits, and Community lnvestment Benefits and a summary of how SCW Program PaymentshavebeenusedtoachieveSCWProgramGoalsfortheprior yeir, including graphical representation of available data and specific metricstodemonstratethebenefltsbeingachievedthroughtheyears, investments. g.Discussionofalignmentwithotherlocal,regional,andstateefforts, resources, and filans, as applicable. This includes discussion of program opportunities for addressing additional scw Goals, leveraging SiW Program Goals, and increasing regional capacity to supplement the SCW Program.
h. Additional financial or Projeclrelated information in connection with activity fundedinwholeorinpartusingsCWProgramPaymentsasrequiredby the District. i. certification from a california Registered Professional (civil Engineer or Geologist, as appropriate), that projects implemented with-SCW Prog.ram payments were conducteb in accoidance wlth chapters 16 and 18 of the Code.
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^n,."",JIil,'::5lt[",;lxl j.' Report on annual and total (since inception of program) benefits provided by programs and projects funded by SCW Program Payment. This includ.es compalisons to annual plans and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits and graphical representation of pertinent data):
i. Annual volume of stormwater captured and treated ii. Annual volume of stormwater captured and reused iii. Annual volume of stormwater captured and recharged to a managed aquifer iv. Annual creation, enhancement, or restoration of Community lnvestment Benefits. lf none, discuss considerations explored and reasons to not include. v. Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best, as outlined in Exhibit C). lf none, discuss considerations explored and reasons to not include. vi. Annual expenditures providing DAC Benefits' lf none, discuss considerations explored and reasons to not include'
2. Documentation of the community outreach and Engagement utilized for and/or achieved with the scw Program Payment described in the Annual Plan Exhibit A. This information must be readily accessible to members of the public'
3. As Needed lnformation or Reports. The Municipality agrees to promptly provide such reports, data, and information as may be reasonably requested by the District inciuOing, bui not iimiteO to material necessary or appropriate for evaluation of the SCW pr-ogr", or to fulfill any reporting requirements of the County, state or federal government.
B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:
1. Authorization and Validity. The execution and delivery of this Ag reement, including all incorporated documents, by the individual signing on behalf of Municipality,tas beendulyauthorizedbythegoverningbodyofMunicipali$,asapplicable.This obligation of the Municipality' ngiu"r"ht constitutes a vilid and- binding - eiforceable in accordance with its terms, except as such enforcement may be limited by law. of this 2, No Violations. The execution, delivery, and performance by the Municipali$ provision of Agreement, including all incorporatei documents, do not violate any page or aiy taw or regulation in effect as of the date set forth on the first hereof, ieJuft in any 6reach or default under any contract, obligation, indenture, or other
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l,'::f it:f,;i1l ^n,"",#i instrument to which the Municipality is a party or by which the Municipali$ is bound as of the date set forth on the first page hereof.
3. No Litigation. There are no pending or, to the Municipality'stnowledge, threatened actionJ, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Municipality's ability to complete the Annual Plan.
4. Solvency. None of the transactions contemplated by this Agreement will be or_have been mide with an actual intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplaied by this Agreement. The Municipality is able to pay its debts as they become due.
5. Legal status and Eligibili$. The Municipality is duly organized and exisling and in good standing undei the laws of the State of California. The Municipality shall at ill times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority.
6. Good Standing. The Municipality must demonstrate it has not failed to comply with previous Counly and/or District audit disallowances within the preceding five years.
B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the california Department of Human Resources; per diem costs will not be etigiUte expenses. These rates may be - found at http://www.calhr.ca.gov/employees/Pages/travel-reimbur_sements.aspx. Reimbursement wili be at the State iravel amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.
B-29. Unenforceable Provision ln the event that any provision of this Agreement is determined by a court of comp-etent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
B-30. Withholding of Disbursements and Material Violations
Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of tne s'cw Program Payment for any Fiscal Year in the event that: 1. The Municipality has violated any provlsion of this Agreement; or
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Municipal Program Agreement No.: 2020MP42
2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an opportunity to cure.
3. Failure to remain in Good Standing, described in Section 8-26 of Exhibit B.
4. Failure to submit annual reports on meeting SCW Program Goals.
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on,"",#,'$:ilit t"#T
EXHIBIT C - NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES
Municipalities shall consider incorporation of Nature-based solutions (NBS) into their projects. NBS refers to the sustainable management and use of nature for undertaking soiio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental managemeni practice is increasingly incorporated into projects forthe SCW Program, this guidaice document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects. The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of lmpermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and welinds; creaiing rain gardens, bioswales, and parkway basins; enhancing soil through composting, riulching; anO, planting trees and vegetation, wlth preference for nativJ species. ruAS may aiso be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing pr*. and o-pen space, and imfiroving quality of life for surrounding communities. NBS grounds include projects that mimic natural processes, such as green streets, spreading and planted areas with water storage capacity. NBS may capture stormwater to improve growth water quality, collect water for reuse or aquifer recharge, or to support vegetation utilizing natural processes. Municipalities are to include in each Annual Progress/Expenditure Rep91t-whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance 5elow. Additionally, Annual Progress/ Expenditure Reports should include discuision on any considerations taken to maximize the class within each method. lf at least 3 methods score within a single class, the overall project can be characterized as that class. Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized. BEST BETTER GOOD
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Municipal Program Agreement No.: 2020MP42
METHODS
Vegetation/Green Space
|,: .
lncrease of Permeability
Protection of Undeveloped Mountains & Floodplains
Creation & Restoration of Riparian Habitat & Wetlands
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Municipal Program Agreement No.: 2020MP42
New Landscape Elements
Enhancement of Soil
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Municipal Program Agreement No.: 2020MP 42
EXHIBIT D - OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project's function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.
1 . Litter Control . Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. o Regular inspection and maintenance of pet waste stations . Maintaining trash receptacles . Removal of trash, debris, and blockages from bioswales . lnspection and cleaning of trash booms . lnspection of weir gates and stop logs to clean debris, as required. 2. VegetationMaintenance
o Weed control o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds. o Avoiding activities that result in weed seed germination (e.9. frequent soil cultivation near trees or shrubs) c Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.
:) Tree and shrubbery trimming and care o Removal of dead trees and elimination of diseased/damaged groMh o Prevent encroachment of adjacent property and provide vertical clearance o lnspect for dead or diseased plants regularly
.] Wetland vegetation and landscape maintenance o lnstailation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats. o Draining and drawdown of wetland and excessive bulrush removal
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o Weed and nuisance plant control o Removal of aquatic vegetation (e.9. algae and primrose) using appropriate watercraft and harvesting equipment o \A/ildllower and meadow maintenance o Grass, sedge, and yarrow management o Removal of unwanted hydroseed 3. Wildlife Management
. Exotic species control . Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species o Protect sensitive animal species (e.9. protection during critical life stages including breeding and migration) . Avoid disturbances to nesting birds . Avoid spread of invasive aquatic species
4. Facility lnspection
. lnspect project sites for rodent and insect infestations on a regular basis . lnspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs . lnspect facilities for hazardous conditions on roads and trails (e.9. access roads and trails, decomposed granite pathways, and maintenance roads) . lnspect shade structures for structural damage or defacement . lnspect hardscapes . lnspect and maintain interpretive and informational signs . lnspect site furnishlngs (e.9. benches, hitching posts, bicycle racks) . Maintain deck areas (e.9. benches, signs, decking surfaces) o Visually inspect weirs and flap gates for damage; grease to prevent locking. o lnspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.
5 lrrigation System Management
. Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water.
o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly. o lnspection should be performed at least monthly. o Recover, replace, or refasten displaced or damaged valve box covers. o lnspect and repair bubbler heads.
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^r,"",iliffi:5lri'f,ffi o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion). o Maintain drip system filters to prevent emifters from clogging. lnspection and cleaning should occur at least monthly. o lnspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year' o Maintain and check function of the drip system.
. Keeping irrigation control boxes clear of vegetation . Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure . Utilizing infrequent deep watering techniques to encourage deep rooting, droughi tolerant plant characteristics to promote a self-sustaining, irrigation free landscape . Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.9. change of season), reschedule controller systems. . Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content. . Use moisture sensing devices to determine water penetration in soil.
6 Erosion Management and Control
. lnspect slopes for erosion during each maintenance activity . tnspect basins for erosion . Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil'
7 Ongoing Monitoring Activities
. Monitor controllabte intake water flow and water elevation . Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions. e Water quality sampling (quarterly, unless justified otherwise) o Checking telemetry equipment . Tracking and reporting inspection and maintenance records
I Vector and Nuisance lnsect Control
o Monitoring for the presence of vector and nuisance insect species . Adequate pretreatment of influent wastewater to lessen productlon of larval mosquitos o Managing emergent vegetation . using hydraulic control structures to rapidly dewater emergent marsh areas . Managing flow velocities to reduce propagation of vectors
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a o n 3 CITY OF LA VERNE Finance Depaftment
DATE: July 20,2020
TO Honorable Mayor and City Council
FROM: Mark Alvarado, lnterim Finance Manager
SUBJECT: Community Facilities No. 'l 1-1, Special Tax Levy for Fiscal Year 200-21
AGENDA
The City Council on an annual basis must authorize the tax levy for Community Facilities District above. No. 1 1-1 (CFD No. 1 1-1 ), a special fire tax for buildings three stories (thirty-five feet) and
REC DATION:
Staff is recommending that the City Council adopt the Resolution No. 20-60, levying a special tax for Fiscal Yeat 2OaO-21within CFD No, '11-1 per the schedule shown in Exhibit "A" attached to Resolution No. 20-60.
ND: on IVIay 16, 2011, the City council approved ordinance No. 1023 authorizing the levy of a special tax for the CFD No. 11-1. The special taxes are to be levied each year on those properties contained in the District for the financing of the fire suppression and prevention services necessary to serve the buildings determined to be taxable. The "Map of Proposed Boundaries of City of La Verne Community Facilities District No. 11-01' of the original rate and method of apportionment report shows these properties within the District.
The Ordinance establishes a maximum special tax rate for the base 2011112 fiscal year. The maximum special tax rate is increased by an annual escalation factor defined as the lesser of the CPI-U for Los Angeles-Riverside-Orange County (subsequently replaced in 2017 by CPI-U Los Angeles- Long Beach-Anaheim) or 3.0%.
The rate of assessment for this Fiscal Year has been increased by 1.8o/o over the previous year assessments to match the increase to the Consumer Price lndex. The increased assessment rate will be of $0.5705. An exhibit detailing the calculated assessment with rate increase is attached for reference. The total square footage of permitted and/or developed property assessed this Fiscal Year is 286,319.
Attachment: Resolution No. 20-60
147 Monday, July 20, 2020, City Council Meeting Page No. 136
RESOLUTION NO.20.60
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DETERMINING SPECIAL TAX FOR THE 2O2O- 21 FTSCAL YEAR (COMMUNITY FACILITIES DISTRICT NO. 11-1)
WHEREAS, the City Council of the City of La Verne, California, (the "Council"), as the legislative body of Community Facilities District No. 11-1 (the "District"), has previously initiated the proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act'), Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, for the formation of the District, has held public hearings, conducted elections and received a favorable vote from the qualified electors of the District relating to the levy of a special tax in the District, and authorized pursuant to the terms and provisions of the Act; and
WHEREAS, this Council has, authorized by Section 53340 of the California Government Code, adopted Ordinance No. 1023 and thereby authorize the levy of a special tax to pay for the following: financing of fire suppression and prevention services; costs associated with the creation of a District; costs associated with the determination, apportionment, levy and collection of the special tax; costs othenryise incurred by the City to carry out the authorized purposes of the District; and other expenses incidental to providing services and maintenance of the related equipment, and has authorized the adoption of this resolution to determine the amount of special tax to be levied for the 2019-20 Fiscal Year.
WHEREAS, the assessment rate will increase by 1.8o/o. The increase is consistent with the Consumer Price lndex outlined in Ordinance No. 1023 and does not exceed the maximum special tax rate established by the ordinance'
NOW, THEREFORE, lT ls HEREBY RESOLVED by the city council of the City of La Verne as follows:
148 Monday, July 20, 2020, City Council Meeting Page No. 137
Section 1. That the above recitals are all true and correct.
Sectio The special tax levied against each parcel within the District for the 2O2O-21 Fiscal Year is hereby determined to be the amounts listed in Exhibit "A" attached hereto and incorporated herein by this reference.
on 3. The Mayor shall sign and the Assistant City Clerk shall attest to the passage of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 20th day of July
Mayor Tim Hepburn
ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution No. 20-60, was duly and regularly adopted oy tn6 city iouncil of tne City of La Verne at a meeting thereof held on the 20"' day of July 2020 by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Lupe Gaeta Estrella, Assistant City Clerk
Resolution No. 20-60 149 Monday, July 20, 2020, City Council Meeting Exhibit "A" Page No. 138 Special Tax
DEVELOPED PARCELS WITHIN CFD 11-1 (2020-21) ASSESSOR'S ADDRESS (TRACT & LOT) BLDG (SF) RATE ASSESSMENT PARCEL NO. 8377-022-011 ULV Dorms 103,000 $0.5705 $58,761.50 8377-022-011 ULV Campus Center 40,200 $0.5705 $22,934.10 8370-006-010 Light House Baptist Church Multi Purpose Bldg. 22,464 $0.5705 $12,815.71 8377-013-016 ULV Residence Hall 114,770 $0.5705 $65,476.29 8377-012-001 Ludwick Center 5,885 $0.5705 $3,357.39 SUB-TOTAL 286,319 $163,344.99
PERMITTED BUILDINGS WITHIN CFD 11-1 (2020-21) ASSESSOR'S ADDRESS (TRACT & LOT) BLDG (SF) RATE ASSESSMENT PARCEL NO. $0.2853 $0.00 SUB-TOTAL 0 $0.00
TOTAL ASSESSMENT OF DEVELOPED AND VACANT PARCELS $163,344.99
CFD 11-1 DEVELOPED SQ FT 2020-21 Page 1 of 1 150 Monday, July 20, 2020, City Council Meeting Page No. 139
3 3 3 o CIry OF LAVERNE Engineer's Department
DATE: July 20,2020
TO: Mayor and City Council
FROM: Dominic Milano, City Engineer
SUBJECT: OPERATION & MAINTENANCE COMMUNITY FACILITIES DISTRICT NO. 90-1; SPECIAL TAX LEVY FOR FISCAL YEAR2020-21
AGEN tlt
operation and Maintenance community Facilities District No 90-1 (O&M CFD 90-1), a special tax district within the La Verne lndustrial Specific Plan, requires the City Council to authorize the levy annually. Exhibit "A" of the attached to Resolution No. 20-61' lists the properties and their levy's included in the district.
FnIITIIII D TION:
staff is recommending that the city council adopt Resolution No. 20-61, levying a special tax fot lhe 2OrO-21 Fiscal Year per the schedule shown in Exhibit "A" attached to the Resolution, which increases the rate by 1.8 percent to address the cost of living increases based on the annual consumer price index ending March 2020'
BACKG ND:
ln January 1991, the city council approved ordinanc-e No. 817 authorizing the levy of a ipecial tal for the Community Facilities District N.o. 90-1 . The special taxes are to be leviea each year on those properties contained in the District (La Verne lndustrial Specific planj for the operation and maintenance of the public infrastructure. Refer to Einiut 'n' of the originat Engineer's Report and Exhibit "A" of the attached Resolution toitno.u properties rini"h to receive a levy. The formation of the district allowed for ,n ,nnrul increase not to"ri exceed 5%. These taxes will fund public safety services, sewer pump maintenance, street maintenance, and related administrative costs for ;;ild provided to the District. The total square footage assessed this Fiscal Year is 2,217,754.
Attachments: Resolution No. 20-61 Exhibit "A"
151 Monday, July 20, 2020, City Council Meeting Page No. 140
RESOLUTION NO.20-61
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DETERMINING SPECIAL TAX FOR THE 2O2O- 21 FISCAL YEAR (COMMUNITY FACILITIES DISTRICT NO. 9O-1 - LA VERNE TNDUSTRTAL SPECIFIC PLAN)
WHEREAS, the City Council of the City of La Verne, California, (the "Council")' as the legislative body of community Facilities District No. 90-1 (the "District"), has previously initiated the proceedings pursuant to the Mello-Roos Community Facilities Act of .1982, as amended (the "Act"), Chapter2.5 (commencing with section 5331 1) of Part 1 of Division 2 of Title 5 of the California Government Code, for the formation of the District, has held public hearings, conducted elections and received a favorable vote from the qualified electors of the District relating to the levy of a special tax in the District, and authorized pursuant to the terms and provisions of the Act; and
WHEREAS, this council has, authorized by section 53340 of the california Government code, adopted ordinance No. 817 and thereby authorize the levy of a special tax to pay for the following: police protection services; fire protection services; sewer pump maintenance services; street maintenance services; costs associated with the creation of a District; costs associated with the determination, apportionment, levy and collection of the special tax; costs otherwise incurred by the City of District to carry providing out the authorized purposes of the District; and other expenses incidental to of services and maintenance of the related equipment, and has authorized the adoption Fiscal this resolution to determine the amount of special tax to be levied for the 2o2O-21 Year.
NoW,THEREFoRE,lTlSHEREBYREsoLvEDbytheCityCouncilofthe Gity of La Verne as follows:
Section 1. That the above recitals are all true and correct'
152 Monday, July 20, 2020, City Council Meeting Page No. 141
on 2. The special tax levied against each parcel within the District for the 2O2O-21 Fiscal Year is hereby determined to be the amounts listed in Exhibit "A" attached hereto and incorporated herein by this reference'
Section 3. The Mayor shall sign and the City Clerk shall attest to the passage of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 20th day of July 2020
Mayor Tim Hepburn
ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution No. 20-61, was duly and regulafly adopted Uyine bity Council of the C'ity oi La Verne at a meeting thereof held on the 2O" day of July 2020 by the following vote:
AYES: NOES: ABSENT: ABSTAIN
Lupe Gaeta Estrella, Assistant City Clerk
2 Resolution No. 20-61
153 Monday, July 20, 2020, City Council Meeting Exhibit "A" Page No. 142 Special Tax
DEVELOPED PARCELS WITHIN CFD 90-1 (2020-21) ASSESSOR'S ADDRESS (TRACT & LOT) BLDG (SF) RATE ASSESSMENT PARCEL NO. 8378-009-022 1502 Arrow Highway 97,765.00 $0.6718 $ 65,678.53 8378-011-007 1960 San Dimas Canyon Rd 71,280.00 $0.6718 $ 47,885.90 8378-011-010 1950 Walker St. 12,500.00 $0.6718 $ 8,397.50 8378-011-022 1318 Palomares Ave. 19,952.00 $0.6718 $ 13,403.75 8378-011-023 1328 Palomares Ave. 12,766.00 $0.6718 $ 8,576.20 8378-011-024 1338 Palomares Ave. 12,924.00 $0.6718 $ 8,682.34 8378-011-026, 027 1348 Palomares Ave. 11,451.00 $0.6718 $ 7,692.78 8378-013-027 2169 Wright Avenue (Tr 46918, Lot 1) 37,245.00 $0.6718 $ 25,021.19 8378-013-078 1556 Fairplex Drive (Tr 46918. Lot 2) 44,383.00 $0.6718 $ 29,816.50 8378-013-079 1563 Fairplex Drive (Tr 46918. Lot 3) 49,994.00 $0.6718 $ 33,585.97 8378-013-080 2083 Puddingstone Drive (Tr 46918, Lot 4) 33,548.00 $0.6718 $ 22,537.55 8378-013-081 ,032 2053 Puddingstone Drive (Tr 46918, Lot 5) 32,629.00 $0.6718 $ 21,920.16 8378-013-033 1975 Puddingstone Dr. (T46918, Lot 6) 31,170.00 $0.6718 $ 20,940.01 8378-013-034 1941 Yeager Ave. (Tr 46918, Lot 7) 13,360.00 $0.6718 $ 8,975.25 8378-013-035 1931 Yeager Ave. (Tr 46918, Lot 8) 8,580.00 $0.6718 $ 5,764.04 8378-013-036 1920 Wright Ave. (Tr 46918, Lot 9) 10,700.00 $0.6718 $ 7,188.26 8378-013-037 1952 Wright Ave. (Tr 46918, Lot 10) 12,520.00 $0.6718 $ 8,410.94 8378-013-038 1701 Earhart Ct. (Tr 46918, Lot 11) 20,248.00 $0.6718 $ 13,602.61 8378-013-039 1712 Earhart Ct. (Tr 46918, Lot 12) 13,512.00 $0.6718 $ 9,077.36 8378-013-040 1980 Wright Ave. (Tr 46918, Lot 13) 11,128.00 $0.6718 $ 7,475.79 8378-013-041 2010 Wright Ave. (Tr 46918, Lot 14) 12,732.00 $0.6718 $ 8,553.36 8378-013-042, 043 1613 Lindbergh Ct. (Tr 46918, Lot 15) 12,528.00 $0.6718 $ 8,416.31 8378-013-044 1714 Lindgergh Ct. (Tr 46918, Lot 16) 13,660.00 $0.6718 $ 9,176.79 8378-013-046 2058 Wright Ave. (Tr 46918, Lot 18) 10,224.00 $0.6718 $ 6,868.48 8378-013-047 1715 Corrigan Ct. (Tr 46918, Lot 19) 11,872.00 $0.6718 $ 7,975.61 8378-013-050 2061, 79 & 2125 Wright Ave. (Tr 46918, Lot 22) 46,480.00 $0.6718 $ 31,225.26 8378-013-051, 052 2009 Wright Ave. (Tr 46918, Lot 23) 69,602.00 $0.6718 $ 46,758.62 8378-013-053, 054 1925 Wright Ave. (Tr 46918, lot 24) 56,109.00 $0.6718 $ 37,694.03 8378-013-057 1835 Wright Ave. (Tr 46918, Lot 27) N/A* $0.6718 N/A* 8378-013-058 1815 Wright Ave. (Tr 46918, Lot 28) 10,106.00 $0.6718 $ 6,789.21 8378-013-059 1840 Wright Ave. (Tr46918, Lot 29) 9,352.00 $0.6718 $ 6,282.67 8378-013-060 1860 Wright Ave. (Tr 45601, Lot 30) 32,087.00 $0.6718 $ 21,556.05 8378-013-061 1880 Wright Ave. (Tr 46918, Lot 31) 6,600.00 $0.6718 $ 4,433.88 8378-013-062 1968 Yeager Ave. (Tr 46918, Lot 32) 17,114.00 $0.6718 $ 11,497.19 8378-013-063 1935 Puddingstone Drive (Tr 46918, Lot 33) 37,902.00 $0.6718 $ 25,462.56 8378-013-064 1861 Puddingstone Dr. (Tr 46918, Lot 34) 46,516.00 $0.6718 $ 31,249.45 8378-013-069 1871 Wright Ave. (Tr 46918, Lot 26) 25,671.00 $0.6718 $ 17,245.78 8378-013-074 1712 Corrigan Ct. (Tr 46918, Lot 20) 13,908.00 $0.6718 $ 9,343.39 8378-013-075 2120 Wright Ave. (Tr 46918, Lot 21) 11,268.00 $0.6718 $ 7,569.84 8378-013-076 2044 Wright Ave. (Tr 46918, Lot 17) 10,224.00 $0.6718 $ 6,868.48 8378-026-006 1736 Wright Ave. (Tr 47218, Lot 6) 47,556.00 $0.6718 $ 31,948.12 8378-026-007 1773 Wright Ave. (Tr 47218, Lot 1) 23,204.00 $0.6718 $ 15,588.45 8378-026-008 1747 Wright Ave. (Tr 47218, Lot 2) 18,300.00 $0.6718 $ 12,293.94 8378-026-009 1721 Wright Ave. (Tr 47218, Lot 3) 32,647.00 $0.6718 $ 21,932.26 8378-026-012 1643 Puddingstone Dr. (Tr 47218, Lot 5) 24,625.00 $0.6718 $ 16,543.08 8378-026-013 1655 Puddingstone Dr. (Tr 47218, Lot 5) 15,795.00 $0.6718 $ 10,611.08 8378-026-014 1669 Puddingstone Dr. (Tr 47218, Lot 4 ) 56,972.00 $0.6718 $ 38,273.79
CFD 90-1 DEVELOPED SQ FT 2020-21 Page 1 of 3 154 Monday, July 20, 2020, City Council Meeting Exhibit "A" Page No. 143 Special Tax
DEVELOPED PARCELS WITHIN CFD 90-1 (2020-21) ASSESSOR'S ADDRESS (TRACT & LOT) BLDG (SF) RATE ASSESSMENT PARCEL NO. 8378-027-003 1615 Yeager Ave. (Tr 45601, Lot 3) 31,462.00 $0.6718 $ 21,136.17 8378-027-005 1647 Yeager Ave. (Tr 45601, Lot 5) 32,687.00 $0.6718 $ 21,959.13 8378-027-006 1630 Yeager Ave., (Tr 45601, Lot 6) 15,754.00 $0.6718 $ 10,583.54 8378-027-029 1652 Yeager Ave. (Tr 45601, Lot 7) 22,188.00 $0.6718 $ 14,905.90 8378-027-009 1751 Yeager Ave. (Tr 45601, Lot 9) 29,545.00 $0.6718 $ 19,848.33 8378-027-010 1813 Yeager Ave. (Tr 45601, Lot 10) 22,558.00 $0.6718 $ 15,154.46 8378-027-011 1839 Yeager Ave. (Tr 45601, Lot 11) 27,668.00 $0.6718 $ 18,587.36 8378-027-012 1820 Yeager Ave. (Tr 45601, Lot 12) 19,290.00 $0.6718 $ 12,959.02 8378-027-013, 014 1770 Brackett St. (Tr 45601, Lot 13) 19,495.00 $0.6718 $ 13,096.74 8378-027-015 1758 Brackett St. (Tr 45601, Lot 14) 13,400.00 $0.6718 $ 9,002.12 8378-027-016 1738 Brackett St. (Tr 45601, Lot 15) 20,011.00 $0.6718 $ 13,443.39 8378-027-017 1680 Curtiss Ct. (Tr 45601, Lot 16) 9,765.00 $0.6718 $ 6,560.13 8378-027-018 1664 Curtiss Ct. (Tr 45601, Lot 17) 21,760.00 $0.6718 $ 14,618.37 8378-027-019 1677 Curtiss Ct. (Tr 45601, Lot 18) 34,076.00 $0.6718 $ 22,892.26 8378-027-020 1687 Curtiss Ct. (Tr 45601, Lot 19) 10,000.00 $0.6718 $ 6,718.00 8378-027-021 1695 Curtiss Ct. (Tr 45601, Lot 20) 13,404.00 $0.6718 $ 9,004.81 8378-027-022 1751 Curtiss Ct. (Tr 45601, Lot 21) 13,500.00 $0.6718 $ 9,069.30 8378-027-028 1775 Curtiss Ct. (Tr 45601, Lot 22) 18,418.00 $0.6718 $ 12,373.21 8378-027-024 1786 Curtiss Ct. (Tr 45601, Lot 23) 16,686.00 $0.6718 $ 11,209.66 8378-027-025 1730 Curtiss Ct. (Tr 45601, Lot 24) 14,845.00 $0.6718 $ 9,972.87 8378-027-026 1760 Yeager Ave. (Tr 45601, Lot 25) 15,596.00 $0.6718 $ 10,477.39 8378-027-030 1608 Yeager Ave. (Tr 45601, Lot 4A) 13,860.00 $0.6718 $ 9,311.15 8378-027-031 1618 Yeager Ave. (Tr 45601, Lot 4B) 10,926.00 $0.6718 $ 7,340.09 8378-027-032 1693 Yeager Ave. (Tr 45601, Lot 8A) 20,653.00 $0.6718 $ 13,874.69 8378-027-033 1721 Yeager Ave. (Tr 45601, Lot 8B) 19,211.00 $0.6718 $ 12,905.95 8378-011-020 1300 Palomares Ave (Tr 53436, Lot 1) 50,000.00 $0.6718 $ 33,590.00 8378-011-020 1306 Palomares Ave (Tr 53436, Lot 1) 33,169.00 $0.6718 $ 22,282.93 8378-027-900 1899 Wheeler Ave. (Tr 45601, Lot 1) 44,871.00 $0.6718 $ 30,144.34 8378-027-901 1889 Wheeler Ave. (Tr 45601, Lot 2) 27,760.00 $0.6718 $ 18,649.17 8378-031-014 1870 Wheeler Ave. (TR 72987, Lot 1) 335,487.00 $0.6718 $ 225,380.17 8382-005-041 688 Arrow Highway 9,000.00 $0.6718 $ 6,046.20 TOTAL 2,217,754.00 $ 1,489,887.14
*APN 8378-013-057 Will be reassessed with future improvements for FY 21-22, the site is currently vacent with no usable building square footage.
CFD 90-1 DEVELOPED SQ FT 2020-21 Page 2 of 3 155 Monday, July 20, 2020, City Council Meeting Page No. 144
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156 Monday, July 20, 2020, City Council Meeting Page No. 145
O o :l CITY OF LA VERNE City Engineer
DATE: July 20,2020
TO Mayor and City Council
FROM: Dominic C. Milano, City Engineer
SUBJECT: CITYWIDE LANDSCAPING AND LIGHTING DISTRICT NO. 6 AND ZONES 2,3,41,4 ll, 5 AND 6; PUBLIC HEARING; RESOLUTION PROVIDING FOR THE ANNUAL LEVY
AGENDA SU
On June 15,2020, the City Council set July 20,2020 at 6:30 p.m. as the date and time for the public hearing for the subject assessment district and its zones. Attached is the Engineer's Report and the cover reportfrom the June 15,2020 meeting. No change in the assessment levy is being proposed for the subject benefit in zones, except for Zone 6 which the assessment proposed to increase by the CPI of 1.8% to $277.98.
REC ENDATI
staff is recommending that the city council adopt the attached Resolution No. 20- 62, providing for the annual levy and collection of assessment for the special zones in District No. 6 for Fiscal Year 2020-2021.
BACKG ND:
Attached is the June 15,2020 City council agenda report and Engineer's Report.
157 Monday, July 20, 2020, City Council Meeting Page No. 146
RESOLUTTON NO.20-62
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, OVERRULING PROTESTS AND PROVIDING FOR THE ANNUAL LEVY AND COLLECTING OF ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE IN AN EXISTING DISTRICT, ESTABLISHED PURSUANT TO VOTER APPROVAL. (LLMD #6)
WHEREAS, this City Council has previously formed a Landscaping Maintenance District pursuant to the provisions of Division 15, Part2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972," for a maintenance district to be known and designated as
CITY OF LA VERNE LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 6
(hereinafter referred to as the "District"); and,
WHEREAS, this Council did on the 15th day of June, 2020 adopt a Resolution declaring its intention to order the maintenance of landscaping and lighting throughout the City of La Verne for a period beginning July 1,2020 and ending June 30, 2021 said landscaping and lighting services to be within the "District," and
WHEREAS, said Resolution did fix the time and place for a hearing of any and all protests in relation to said proposed maintenance; and
WHEREAS, all interested persons were given full opportunity to present their protests or objections; and
wHEREAS, evidence has been received as to the publication and posting of notice of said hearing in the time, form and manner required by law.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA AS FOLLOWS:
158 Monday, July 20, 2020, City Council Meeting Page No. 147
PROTESTS
SECTION 1. That the City Council after due consideration of all such objections and protests, does hereby overrule and deny any such protests and objections and each oJ them to ihe maintenance to be done within said 'District," and to the proposed assessment therefore; and does hereby confirm and adopt as a whole, unmodified, the assessment and report.
ASSESSMENT
sEcTloN 2. That the public interest and convenience demands and requires and this City Council does hereby order the said contemplated maintenance to be performed in accord;nce with the plans and specifications therefore, adopted and approved, and the Council does hereby levy and said proposed assessment is hereby mgde !9 coYgl l!9 co-sts and expenses oi said'maintenance upon the respective subdivisions of land in said'District" and as fixed by the report and assessment heretofore filed in the Office of the City Clerk'
LOS ANGELES COUNW TAX COLLECTOR
sEcTloN 3. The Assistant city clerk of the city of La Verne is hereby ordered to transmit to the County of Los Angeles Tax Collector the diagram and assessment upon which such levy is based, and said County Tax Collector is hereby authorized and dlrected to make collection of all such assessment, and to perform all the acts and duties as are required of said Act to be performed by the persons designated as "county Auditor'' in chapter 4 of the Landscaping and Lighting Act of 1972, as amended.
RESOLUTION INTENT
SEGTION 4. lf any provision of this Resolution is held to be unconstitutional or unlawful, it is the intent of tne biiy Council that such portion of this Resolution be severable from the remainder and that the remainder be given full force and effect.
ADOPTION CERTIFICATION
sEcIoN 5. The Assistant City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20s day of July, 2020'
Tim Hepburn, Mayor
ATTEST
Lupe Gaeta Estrella, Assistant City Clerk
2 Resolution No. 20-62
159 Monday, July 20, 2020, City Council Meeting Page No. 148
CERTIFICATION
I hereby certify that the foregoing Resolution No. 20-62, was duly and regularly adopted by the city council of the city of La Verne at a meeting thereof held on the 20" day of July, 2020 by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Lupe Gaeta Estrella, Assistant City Clerk
3 Resolution No. 20-62
160 Monday, July 20, 2020, City Council Meeting Page No. 149
:l o OF LA VERNE CIry at r$ meedng of City Engineer Approved by Clql Coilncll .-..: 7 I aolo DATE: June 15, 2020
TO: Honorable Mayor and City Council
FROM: Dominic C. Milano, City Engineer
SUBJECT: CITWVIDE LANDSCAPING AND LIGHTING DISTRICT NO. 6 AND zoNES 2,3,4-1,4-ll, 5, AND 6; ENGINEER'S REPORT
AGENDA Y pursuant to the requirements of the Landscape and Lighting Act of 1972, part of Division 15 of the Streets and Highway Code of the State of California, an Engineer's Report for Landscape and Lighting Maintenance District No. 6, including special zones, those areas receiving specific benefit in addition to the special citywide benefit has been prepared for city council approval. said approval sets the levy of assessments for Fiscal Year 2O2O-21 and sets the public hearing for July 20,2020. No change in the assessment levy is being proposed for the subject special benefit in Zones 2,3, 4-1, 4-2 and 5. The formation oi zone 6 allowed for cPl increases which with the March 2020 CPI of 1.8% allows for a maximum assessment per parcel of $277.98. A levy of $277.98 is proposed in this zone.
c TION:
Staff is recommending that the City Council adopt Resolution No. 20-23, preliminarily approving the Engineer's Report and setting the public hearing for the levying of assessment for Citywide District and the subject Zones for July 20' 2020.
ND:
This report includes descriptions of improvements to be maintained and services to be performed by the City. With the approval of the Utility Tax, the Citywide District Assessment (Zone 1) is proposed to remain at zero. General fund monies are necessary to balance the Budgets in Zone 3 (Wheeler and Tabor) in the amount of $3,386.00 and in Zone 4-1 (North La Verne) in the amount of $15,021 .00' Neither of these zones have reserves to balance the cost to maintain their improvements. The other zones have reserves that are being used to balance their budgets. Exhibit "A" is a summary of the per parcel levy of assessment for each zone.
161 Monday, July 20, 2020, City Council Meeting Page No. 150
Mayor and City Council L & L Maintenance-District No. 6 Page 2 of 2
EXHIBIT "A'
I)'r ,,. AREAI;i,l;r, ,:0 l ll'l:!rl:i1li: ,1 Er*l :::: .,:;1!:i/1.';:!) ' 1,,;,;,,, fQ1 ,.UEGKEAUE'T$ :T.i zvti:z:tl#LEv..l
LEVY. : ',j.'. Citywide 0 0 0 0 Zone 2 $67.23 0 0 $67.23 Zone 3 $99.59 0 0 $ee.5e Zone 4-l $141.85 0 0 $141.85 Zone 4-ll $ 1 47.09 0 0 $147.09 Zone 5 $305.71 0 0 $305.71 Zone 6 $264.85 0 0 $277.98
*AllAssessments are at the maximum
162 Monday, July 20, 2020, City Council Meeting Page No. 151
RESOLUTION NO.2043
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF 1 ANGELES, STATE OF CALIFORNIA, APPROVING THE "ENGINEERS REPORT" 2 FOR ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2O2O-21 IN THE EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT WITHIN SAID 3 CITY, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE 4 PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC 5 HEARING THEREON (LLMD #6) b WHEREAS, this City Council has previously formed a Landscaping District 7 pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of I the State of California, being the "Landscaping and Lighting Acl ol 1972," lor a I maintenance district to be known and designated as 10 CITY OF LA VERNE E 11 LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO
12 (hereinafter referred to as the "District"); and, 13 WHEREAS, at this time the City Council is desirous to take proceedings to 14 provide for the annual levy of assessments for the next ensuing fiscal year to provide 15 for the costs and expenses necessary to pay for one year of the maintenance of the
16 improvements within said District; and
17 WHEREAS, at this time there has been presented to this City Council the 18 Engineer's Report as required by Division 15 of the Streets and Highways Code, and at 19 this time, this City Council is desirous of proceeding with the proceedings for said 20 annual levy;
2'.! WHEREAS, this City Council has now carefully examined and reviewed the 22 "Engineer's Report" as presented, and is satisfied with each and all of the items and 23 documents as set forth therein and is satisfied that the assessment, on a preliminary 24 basis, has been spread in accordance with the benefits received from the maintenance 25 to be performed as set forth in said "Engineer's Report." 26
27
28 163 29 Monday, July 20, 2020, City Council Meeting Page No. 152
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE GITY OF LA VERNE, CALIFORNIA AS FOLLOWS:
1
2 SECTION 1, That the above recitals are all true and correct. 3 PUBL]C INTEREST 4 SECTION 2. A. That the public interest and convenience requires, and it is the 5 intention of this City Council to undertake proceedings for the annual levy and collection 6 of special assessments for the continual maintenance of certain landscaping, all to serve and benefit said District as said area is shown and delineated on a map as 7 previously approved by this City Council and on file in the Office of the City Clerk, open I to public inspection, and therein so referenced and made a part hereof. I B. That the improvements to be maintained are substantially the same as for the previous fiscal year and reference is hereby made to said proceedings, 10 and there are not substantial changes proposed to be made in any existing improvements or maintenance thereof. 11 :T= 12 "Engineer's 13 SECTION 3. That the Report" as presented, consisting of the following: 14 A. Plans and Specifications 15 B. Estimate of Cost for one-year's assessment 16
17 C. Diagram of the Maintenance District
18 D. Assessment of the Reduced Estimated Cost
19 is hereby approved on a preliminary basis for Fiscal Year 2O2O-2'l and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public 20 inspection. 21 That the City Clerk shall certify to the passage and adoption of 22 this resolution and the minutes of this meeting shall so reflect the presentation of the "Engineer's Report." 23
24
25
26
27 Resolution No. 2043 28 164 29 Monday, July 20, 2020, City Council Meeting Page No. 153
EFFI=FFTiIjI=NIi
SECTION 4. That the public interest and convenience requires, and it is the 1 intention of this City Council to order the annual assessment levy for the District as set 2 forth and described in said "Engineefs Report," and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay 3 the costs and expenses of said maintenance and improvement as estimated in said "Engineer's Report." 4 DESCRIPTION OF MAINTENANCE 5
6 SECTION 5. The assessments which are to be levied and collected shall be for the maintenance of certain landscaping and lighting as set forth in the "Engineer's 7 Report," referenced and incorporated herein.
8 COUNTY AUDITOR I SECTION 6. The County Auditor shall enter on the County Assessment Roll 10 the amount of the assessments and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net 11 amount of the assessment, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and 12 expenses of said District. 13 SPECIAL FUNDS 14 SECTION 7. That all monies collected shall be deposited in the previously 15 established fund known as 16 LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO,6 17 Payment shall be made out of said fund only for the purpose provided for in this 18 Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said special fund, money from any available source, 19 such funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution. 20
21 BOUNDARIES OF DISTRICT 22 SECTION 8. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and 23 this City Council makes the costs and expenses of said maintenance chargeable upon the District, which District said City Council hereby declares to be the District benefited 24 by said lmprovements and maintenance, and to be further assessed to pay the costs 25 and expenses thereof. Said District shall include each parcel of land within the boundaries of said District as said District is shown in a map as approved by this City 26
27 Resolution No. 20-43 28 165 29 Monday, July 20, 2020, City Council Meeting Page No. 154
Council and on file in the Office of the City Clerk and so designated by the name of the District.
1 PUBLIC PROPERTY 2 SECTION 9. Any lot or parcels of land known as public property, as the same 3 are defined in Section 22663 of Division 15, Part 2, of the streets and Highways Code of the State of California, which are included within the boundaries of the Maintenance 4 District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance work. 5
6 PUBLIC HEARING
7 SECTION 10. NOTICE IS HEREBY GIVEN THAT ON THE 20th DAY OF JULY, 2020 AT THE HOUR OF 6:30 P.M. lN THE CITY COUNCIL CHAMBERS OF I LA VERNE CIry HALL, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE I ANNUAL LEVY OF MAINTENANCE ASSESSMENTS FOR I-ANDSCAPING AND 10 LIGHTONG MAINTENANCE DISTRICT NO. 6, INCLUDING ZONES 2, 3, 4.1, 4-II, 5, AND 6 TO THE EXTENT OF THE MAINTENANCE AND ANY OTHER MATTERS 11 CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN 12 PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED PUBLIC HEARING. 13 FOR SAID
14 NOTICE
15 SECTION 11. The Assistant City Clerk is hereby authorized and directed to notice and publish the public meeting and public hearing as required by law. 16 SECTION That the Assistant City Clerk is further directed to cause a copy 17 12. of the Resolution of lntention to be posted upon the official bulletin board customarily 18 used by the City for posting of notices.
19 EFFECTIVE DATE
20 SECTION 13. This Resolution is adopted pursuant to the provisions of Section 22623, seq. of the Streets & Highways Code of the State of California shall take 21 et effect immediately upon its adoption. 22
23
24
25
26
27 Resolution No. 20-43 28 166 29 Monday, July 20, 2020, City Council Meeting Page No. 155
PROCEEDINGS INQUIRIES
1 SECTION 14. For any and all information relating to the proceedings, protest procedure, information procedural technical nature, 2 any documentation and/or of a or your attention is directed to the below listed person at the local agency or department so 3 designated:
4 DOMINIC C. MILANO RKA CONSULTING GROUP 5 398 LEMON CREEK DRIVE, SUITE E 6 WALNUT, CA 91789 (909) 594-9702 7 PASSED, APPROVED AND ADOPTED this 1sth day of June, 2020. 8
I /s/TlM HEPBURN 10 Tim Hepburn, Mayor 11 ATTEST 12 ,S' LUPE GAETA ESTRELLLA 13
14 Lupe Gaeta Estrella, CMC, Assistant City Clerk
15 CERTIFICATION 16 l, Lupe Gaeta Estrella, Assistant City Clerk of the City of La Verne, DO hereby 17 certify that Resolution No. 20-43 was duly passed and adopted by the said City Council 18 at a regular meeting of the said Council held on the 15th day of June, 2020 by the following vote: 19 AYES: Lau, Crosby, Davis, Carder, and Mayor Hepburn. 20 NOES: None. ABSENT: None. 21 ABSTAIN: NONC. 22 ,S/ LUPE GAETA ESTRELLLA
23 Lupe Gaeta Estrella, CMC, Assistant City Clerk
24
25
26
27 Resolution No. 20-43 28 167 29 Monday, July 20, 2020, City Council Meeting Page No. 156
CIry OF LAVERNE
ENGINEER'S REPORT
FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 6
FISCAL YEAR 2020.21
SECTION 1. AUTHORITY FOR REPORT
This report is prepared in compliance with the requlrements of Article 4, chapter 1, Landscaping and Lighting Acl of 1972, Par72 of Division 15 of the streets and Highways Code of the State of California.
Landscape and Lighting District No. 6 ("District") a special benefit assessment district, provides funding for the maintenance of landscaped areas owned by the City of La Verne or provided for by easements to the City of La Verne.
Section 22573, Landscaping and Lighting Acl of 1972, requires assessments to be levied according to benefit rather than according to assessed value.
The boundary of the District is completely within the city limits of the city of La Verne and is shown on the Assessment Diagram (on file in the office of the City Clerk at the city Hall of La Verne as Exhibit "A," Pages 1 thru 32). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment diagrams for individual zones are included within this report.
SECTION 2. PLANS & SPECIFICATIONS FOR THE IMPROVEMENTS
in
street sweeping, street lights and traffic signals are no longer included in the Citywide District (Zone 1).
Landscapinq: Citvwide
citywide landscaping of a general benefit are no longer included in the citywide District (Zone 1).
168 Monday, July 20, 2020, City Council Meeting Page No. 157
Landscapinq, Specific Zones
Zone I
For Fiscal Year 2020-21 there are no improvements included in this zone which will be maintained (funded) by this district.
Zone2
The plans and specifications for the irrigation and landscaping were prepared by the developer and previously approved by the City Engineer. Landscaping generally consists of trees, shrubs and ground cover along First Street within the limits of Tract No. 35405. Landscaping is south of the tract boundary and is visible from First Street. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of this report and are on file in City Hall and are available for public inspection. A location map is attached as Exhibit "B."
Zone 3
The plans and specifications for the irrigation and landscaping were prepared by the developer and previously approved by the City Engineer. Landscaping generally consisting of trees, shrubs, turf and ground cover adjacent to Wheeler Avenue in Tract No. 33912. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of this report and are on file in City Hall and are available for public inspection. A location map is attached as Exhibit "C."
Zone 4 - Generally
The plans and specifications for the irrigation and landscaping were prepared by the developer and previously approved by the City Engineer. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. said plans and specifications by reference are hereby made a part of this report and are on file in city Hall and are available for public inspection.
Zone 4-1
This area is commonly referred to as "Rancho La Verne." Maintained landscape improvements including irrigation systems, trees, shrubs, turf, and ground cover are generally located along Via Rancho La Verne from Baseline Road to Via De Maniion from Wheeler Avenue to Via Campo. The other major element for this
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zone is the riparian drainage course and pedestrian trail from Birdie Drive to Los Robles. A location map is attached as Exhibit "D".
Within the riparian arca ate improvements including irrigation systems, ground cover, trees, shrubs, drainage structures and pedestrian trail. The pedestrian trail within the "natural" setting benefits all properties in the zone boundaries and also the City generally. Fifty percent of the riparian area, including the pedestrian trail and drainage structure, is of a "general" Citywide benefit.
Zone 4-2
This area is commonly referred to as the "Live Oak Development." lmprovements are generally located along Esperanza Drive from Ridge Crest Drive to Golden Hills Road. lmprovements along Esperanza Drive benefit the entire Live Oak developments. lmprovements include irrigation systems, trees, turf, shrubs, ground cover and pedestrian/equestrian trail. A location Map is attached as Exhibit "E".
Zone 5
The plans and specifications for the irrigation and landscaping were prepared by the developer and previously approved by the City Engineer. Landscaping generally consists of trees, shrubs, ground cover and turf on Puddingstone Drive median, Puddingstone Drive and Wright Avenue intersections with Fairplex Drive and Orange Avenue and the Wheeler Avenue median landscaping. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of this report and are on file in City Hall and are available for public inspection. A location map is attached as Exhibit "F." For Fiscal Year 2020- 21 as in the sixteen previous fiscal years, costs for the maintenance, including utility expenses for the mini park, street lights and traffic signal will not be included in this zone. City Council on May 5,2014 approved the addition of the University of La Verne's Campus West two parcels into this zone. On April 4,2016, the City Council approved a development agreement with Gilead Sciences, lnc. requiring Gilead to pay 11 times the single parcel fee in the zone which was equal to a previous entitled 11 lot industrial park on the same site. The maximum levy allowed in this Zone is $305.71 which is necessary to assess this fiscal year. Previous surplus will be used to balance the budgets.
ZoneB
This zone was formed in June of 2OO2 as a condition of tract Map No. 52965 for the maintenance of landscaping along Fruit and Amherst Streets within the limits of the subdivision. A location map is attached as Exhibit "G". The levy formula approved with the formation of the zone allows for an annual increase of up to three percent per year. For year ending March 31,2020, the C.P.l. was 1.8
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percent. The maximum assessment is thus $277.98 per parcel. For Fiscal Year 2O2O-21. The levy is proposed to be at the maximum o'f $277.98.
SECTION 3. METHOD OF APPORTIONMENT
No assessment will be made upon the properties within the Citywide District (Zone 1) for Fiscal Year 2020-21.
The basis for benefit for the significant land uses for the Citywide District (Zone 1) are no longer applicable.
Within the Citywide District there are specific zones which contain unique improvements required with the original development of the properties within the specific zone. These improvements are landscaping in nature and are included in the discussion in Section 2 of this report. The costs for these improvements are assessed to the respective zones' Each zone has its own expenditure budget. The nature of this landscaping equally benefits each parcel within the individual zone containing the landscaping. Because of this each parcel within a zone is equally assessed. zone 5, the San Polo La Verne Business Park (formerly Koll Business Park La Verne), was unique to itself. Agreements between the Koll company and the city of La Verne required that the San Polo La Verne Business Park participate in a specific Landscaping and Lighting Maintenance District. The improvements already included were similar to those improvements included in the Citywide District. Thus Zone 5 did not include the basic assessment for the Citywide District (Zone 1). With the transfer of the funding for the maintenance of improvements included in the Citywide District (Zone 1) from the Citywide Assessment District to the General Fund (Utility Tax) and with the application ot ine Utitity Tax to the parcels within Zone 5, funding for the more genera.l benefit improvements, i.e. traffic signal, mini park and street lights have been deleted from Zone 5 and are now included in the General Fund.
SECTION 4. ESTIMATED COSTS FOR THE MAINTENANCE OF THE IMPROVEMENTS
Total estimated expenditures for Zones 2 through 6, within District 6 for the fiscal year 2O2O-21 are as follows:
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EXPENDITURE BUDGET
2020121
MAI NTENANCE ASSESSMENT DISTRICT
ACCOUNT NO 246-5202 FIRST & FULTON ZONE 2
PERSONNEL
REGULAR SALARIES AND WAGES PART TIME WAGES FRINGE BENEFIT COSTS ADMINISTRATION COSTS
TOTAL PERSON N EL SERVICES $407.00 $407.00
OPERATIONAL
32-00 OTHER PROFESSIONAL SERVICES $0.00 32-05 ARCH ITECT/ENGI NEERI NG SERVICES $100.00 38-05 ANTMAL CONTROL (GOPHER) $0.00 43-05 CONTRACTUAL MAI NT. SERVICE $2,000.00 54-05 LEGAL NOTICES AND PUBLICATIONS $100.00 62-51 ELECTRICITY UTILITY $400 00 62-52 CITY UTI LITI ESMATER, ETC. $t ,200 00 65-07 MATERIAL & NURSERY ITEMS $0 00 65-16 SPRI NKLER/IRRIGATION SUPPLIES $300 00 MISCELLANEOUS $0 00
TOTAL OPERATIONAL $4,100.00 $4,100.00
COST CENTER TOTAL $4,507.00
cREDTT (FROM RESERVES) ($1,078.00)
TOTAL TO BE ASSESSED $3,429.00
2O2O-21 CITYWI DE ASS ESSM ENT 0.00
2020-21 ZONE 2 EQUAL PARCEL ASSESSMENT (51 PARCELS) $67.23
TOTAL PER PARCEL 7.23
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EXPENDITURE BUDGET
2020t21
MAI NTENANCE ASSESSMENT DISTRICT
ACCOUNT NO.246-5203 WHEELER & TABOR ZONE 3
PERSONNEL
REGULAR SALARIES AND WAGES PART TIME WAGES FRINGE BENEFIT COSTS ADMINISTRATION COSTS
TOTAL PERSON N EL SERVICES $581.00 $581.00
OPERATIONAL
32-00 OTHER PROFESSIONAL SERVICES $0.00 32-05 ARCH ITECT/ENGI N EERI NG SERVICES $150.00 38-05 ANTMAL CONTROL (GOPHER) $0.00 43-05 CONTRACTUAL MAI NT. SERVICE $2,000.00 54-05 LEGAL NOTICES AND PUBLICATIONS $100.00 62-51 ELECTRICITY UTILITY $300.00 62-52 CITY UTILITIESMATER, ETC. $2,900.00 65-07 MATERIAL & NURSERY ITEMS $0.00 65-16 SPRINKLER/IRRIGATION SUPPLI ES $300.00
TOTAL OPERATIONAL $5,750.00 $5,750.00
$6,331.00 COST CENTER TOTAL ($2,945.00) DEFTCTT (GENERAL FUND LOAN)
TOTAL TO BE ASSESSED $3,386.00
2020.21 CITYWI DE ASSESSMENT $0.00
2O2O-21 ZONE 3 EQUAL PARCEL ASSESSMENT (34 PARCELS) $99.59
TOTAL PER PARCEL 59
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EXPENDITURE BUDGET
2020t21
MAI NTENANCE ASSESSMENT DISTRICT
ACCOUNT NO. 246-5204 NORTH LA VERNE ZONE 4-1
PERSONNEL REGULAR SALARIES AND WAGES PART TIME WAGES FRINGE BENEFIT COSTS ADMINISTRATION COSTS
TOTAL PERSON N EL SERVICES $9,020.00 $9,020.00
OPERATIONAL
32-00 PROFESSIONAL SERVICES $0.00 32-05 ARCHITECT/ENGI NEERI NG SERVICES $3,600.00 32-09 OTHER CONTRACTUAL SERVICES - GENERAL $0.00 - TREES $0.00 38-05 AN rMAL CONTROL (VECTOR/GOPHER) $0.00 43-05 ooNTRACTUAL MAINT. SERVICE (RLV) $25,000.00 43-05 CoNTRACTUAL MAINT. SERVICE (RIPARIAN $10,000.00 cHANNEL) 54-05 LEGAL NOTICES AND PUBLICATIONS $500.00 62-51 ELECTRICITY UTILITY $2,000.00 62-52 UTTLTTTESMATER, ETC. (RLV) $44,000.00 62-52 UTtL|TTESMATER, ETC. (RIPARIAN CHANNEL) $0.00. 64-00 MISC. MATERIALS & SUPPLIES $0.00 64-07 MATERIAL & NURSERY ITEMS $0.00 65-16 SPRINKLER/I RRIGATION SUPPLI ES $2.500.00
TOTAL OPERATIONAL $87,600.00 $86,600.00 CAPITAL IMPROVEMENTS TREE REPLACEMENT RESERVE $0.00 TOTAL CAPITAL IMPROVEMENTS $0.00 $0.00
COST CENTER TOTAL $96,620.00
-GENERAL BENEFIT RIPARIAN CHANNEL ($5,000.00) (50% C|TY GENERAL FUND CONTRIBUTION)
($15.021.00) DEFICIT (GENERAL FUND LOAN)
TOTAL TO BE ASSESSED $76,599.00
2020-2l ClTYWlDE ASSESSMENT $0.00
2o2o-21zoNE4-lEQUALPARCELASSESSMENT(540PARCELS) $141.85 141.85 TOTAL PER PARCEL
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EXPENDITURE BUDGET
2020t21
MAI NTENANCE ASSESSMENT DISTRICT
ACCOUNT NO. 246-5205 LIVE OAK zoNE 4-2
PERSONNEL
REGULAR SALARIES AND WAGES PART TIME WAGES FRINGE BENEFIT COSTS ADMINISTRATION COSTS
TOTAL PERSONN EL SERVICES $6,983.00 $6,983.00
OPERATIONAL
32-00 OTHER CONTRACTIONAL. SERVICES $0.00 32-05 ARCHITECT/ENGI N EERI NG SERVICES $2,600.00 43-05 CONTRACTUAL MAINT. SERVICE $20,000.00 54-15 LEGAL NOTICES AND PUBLICATIONS $1,000.00 62-51 ELECTRICITY UTILITY. $600.00 62-52 CITY UTILITIESMATER, ETC. $29,000.00 65-07 MATERIALS/NURSERY ITEMS $0.00 65-16 SPRI NKLER/IRRIGATION SUPPLI ES $1,000.00 64-00 MISC. MATERIALS & SUPPLIES $0.00
TOTAL OPERATIONAL $54,200.00 $54,200.00
COST CENTER TOTAL $61 ,183.00 ($13.379.00) CREDITED (FROM RESERVES)
TOTAL TO BE ASSESSED $47,804.00
0.00 2O2O-21 C ITYWI DE ASS ESSM ENT
2O2O-21 ZONE 4-2 EQUAL PARCEL ASSESSMENT (325 PARCELS) $147.09
TOTAL PER PARCEL 147.09
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EXPENDITURE BUDGET
2020121
MAI NTENANCE ASSESSMENT DISTRICT
ACCOUNT NO. 246-5207 LAVERNE BUSINESS PARK* ZONE 5
PERSONNEL
REGULAR SALARIES AND WAGES PART TIME WAGES FRINGE BENEFIT COSTS ADMINISTRATIONS COSTS
TOTAL PERSONN EL SERVICES $2,851.00 $2,851.00
OPERATIONAL
32-09 CONTRACTUAL $0.00 32-05 ARCH ITECT/ENGIN EERI NG SERVICES $1 ,100.00 38-05 ANTMAL CONTROL (GOPHER) $0.00 43-05 CONTRACTUAL MAINT. SERVICE $10,000.00 54-05 LEGAL NOTICES AND PUBLICATIONS $1,000.00 62-51 ELECTRICITY UTILITY - LANDSCAPING. $1,200.00 62-52 CITY UTI LITI ESA//ATER, ETC. $9,000.00 65-07 MATERIALS. NU RSERY ITEMS $0.00 65-16 SPRI NKLER/I RRIGATION SUPPLI ES $0.00 64-00 MISCELLANEOUS SUPPLIES $0.00
TOTAL OPERATIONAL $22,300.00 $22,300.00
CAPITAL IMPROVEMENTS
PUDDINGSTONE MEDIAN UPGRADES $0.00 5 YR TREE TRIMMING RESERVE $0.00
TOTAL CAPITAL IMPROVEMENTS $0.00 $0.00
COST CENTER TOTAL $25,151 .00
cREDTT (FROM RESERVES) ($694.00)
TOTAL TO BE ASSESSED $24,457.00 2020-21 ESSMENT 0.00
2O2O-21 ZONE 5 PARCEL ASSESSMENT (67 EOUAL PARCEL ASSESSMENTS PARCELS ASSESSMENTS FOR GILEAD PER DEVELOPMENT AGREEMENT, AND 2 PARCELS FOR UNIVERSITY OF LA VERNE. 80 TOTAL PARCEL ASSESSMENTS) $305.71IPARCEL
TOTAL PER EACH PARCEL 71IPARCEL *Formerly Koll/San Park
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EXPENDITURE BUDGET
2020121
MAI NTENANCE ASSESSMENT DISTRICT
ACCOUNT NO.246-5206 TRACT 52965 ZONE 6
PERSONNEL
REGULAR SALARIES AND WAGES PART TIME WAGES FRINGE BENEFIT COSTS ADMINISTRATION COSTS
TOTAL PERSONNEL SERVICES $525.00 $52s.00
OPERATIONAL
32-00 OTH ER CONTRACTIONAL SERVICES $0.00 32-05 ARCHITECT/ENGIN EERI NG SERVICES $200.00 38-05 ANTMAL CONTROL (GOPHER)L $0.00 43-05 CONTRACTUAL MAINT. SERVICE $3,500.00 54-05 LEGAL NOTICES AND PUBLICATIONS $200.00 62-51 ELECTRICITY UTILITY - LANDSCAPI NG. $300.00 62-52 CITY UTILITIESMATER, ETC. $2,500.00 64-00 MISCELLANEOUS SUPPLIES $0.00 65-07 MATERIALS NURSERY ITEMS $0.00 65-16 SPRI NKLER/I RRIGATION SUPPLI ES $0.00
TOTAL OPERATIONAL $6,700.00 $6,700.00
CAPITAL IMPROVEMENTS
TREE TRIMMING RESERVE $ 0.00
TOTAL CAPITAL IMPROVEMENTS $ 0.00 $ 0.00
COST CENTER TOTAL $7,225.00
SURPLUS TO RESERVES $1,114.00 ($0.00) PAYMENT OF DEFICIT (FROM CITY)
TOTAL TO BE ASSESSED $8,339.00
2O2O-21 CITYWI DE ASS ESSM ENT 0.00
2O2O-21 ZONE 6 EQUAL PARCEL ASSESSMENT (30 PARCELS) $277.98
TOTAL PER PARCEL 98
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SECTION 5 DIAGRAM FOR THE ASSESSMENT DISTRICT
A copy of the assessment diagram is on file with the office of the City Clerk of the City of La Verne as "Exhibit A". Reduced diagrams for Zones 2,3,4-1,4-2,5, and 6 are aftached for your convenience as Exhibits 'B', "C', 'D", "E'' "F", and "G" respectively. Full size maps are available in the office of the City Engineer.
SECTION 6. ASSESSMENT
The landscaping was developed and is maintained for the benefit and enjoyment of all the properties included within the assessment district boundaries, and all parcels benefit from the improvements.
The net amounts to be assessed are:
Citywlde Base Amount $ 0.00
Zone2 $ 3,429.00 Zone3 $ 3,386.00 Zone 4-1 $76,599.00 Zone 4-2 $47,804.00 Zone 5 $24,457.00 Zone 6 $ 8,339.00
A credit from the reserves to Zones 2 and 4'2, and also a general fund loan to Zones 3 and 4-1 were required to balance expenditures versus assessments. Zones 5 and 6 have small surpluses which are applied to reserves.
As required by said Act, a diagram is attached hereto showing the District and the boundaries and dimensions of the respective parcels of land within said District as the same existed at the time of the adoption of the Resolution of lntention and the initiation of these proceedings as each parcel has been given a separate number upon said Diagram.
178 Monday, July 20, 2020, City Council Meeting Page No. 167
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o 3 o CITY OF LA VERNE City Engineer
DATE: July 20,202O
TO Mayor and City Council
FROM: Dominic C. Milano, CitY Engineer
SUBJECT: CITYWIDE LANDSCAPING AND LIGHTING DISTRICT NO. 7; PUBLIC HEARING; RESOLUTION PROVIDING FOR THE ANNUAL LEVY
GEN SU RY: p'm' as the.date On June 15,2020, the City Council set July 20,2O2O at 6:30 the ;;;p;;"notimeforthepublichearingforthesubjectassessmentdistrict.Thereisno in.r"".L in the asseisment, but ihe levy is proposed to remain at 2O19l2O level of $600 Per Parcel.
RECO ;TiEN ATIO StaffisrecommendingthattheCityCouncilad.optResolutionNo.20-63, p.riOing for the annual levy for Fiscal Year 2O2O-2O21'
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AttachedistheEngineer,sReportandtheagendareportfromtheJune15'2020 meeting
189 Monday, July 20, 2020, City Council Meeting Page No. 178
RESOLUTION NO.20-63
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, OVERRULING PROTESTS AND PROVIDING FOR THE ANNUAL LEVY ANO COLLECTING OF ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA (LLMD #7)
WHEREAS, the city has previously formed a Landscaping Maintenance District pursuant to the provisions of Division 15, Pafi 2 of the streets and Highways code of the state district to be of california, being the "Landscaping and Lighting Acl of 1972,', for a maintenance known and designated as
CITY OF LA VERNE LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 7
(hereinafter referred to as the "District"); and,
't Resolution declaring WHEREAS, this Council did on the 5th day of June, 2020 adopt a in the City of La Verne for a its intention to order the maintenance of landscaping and lighting periodbeginningJulyl,2020andendingJUne30,202lsaidlandscapingandlightingservices to be within the "District," and
WHEREAS,saidResolutiondidfixthetimeandplaceforahearingofanyandall protests in relation to said proposed maintenance; and
to present their protests or WHEREAS, all interested persons were given full opportunity objections; and
WHEREAS,evidencehasbeenreceivedastothepublicationandpostingofnoticeof by law' said hearing in the time, form and manner required
BY THE CITY COUNCIL OF THE NOW, THEREFO IT IS HEREBY RESOLVED CITY OF LA VERNE, CALIFORNIA AS FOLLOWS:
1
190 Monday, July 20, 2020, City Council Meeting Page No. 179
PROTESTS
SECTION 1. That the City Council after due consideration of all such objeclions and protests, does hereby overrule and deny any such protests and objections and each of them to ihe maintenance to be done within said "District," and to the proposed assessment therefore; and does hereby confirm and adopt as a whole, unmodified, the assessment and report.
ASSESSMENT
SECTION 2. That the public interest and convenience demands and requires and this City Council does hereby order the said contemplated maintenance to be performed in accordince with the plans and specifications therefore, adopted and approved, and the Council does hereby levy and said proposed assessment is hereby made to cover the costs and expenses of said-maintenance upon the respective subdiv_isions of land in said "District" and as fixed by the report and assessment heretofore filed in the Office of the City Clerk.
LOS ANGELES COUNTY TAX COLLECTOR
SECTION 3 The Assistant City Clerk of the City of La Verne is hereby ordered to transmit to the County of Los Angeles Tax Collector the diagram and assessment upon which such levy is based, anO said County Tax Collector is hereby authorized and directed to make collection of all such assessment, and to perform all the acts and duties as are required of said Act to be performed by the persons designated as "County Audito/' in Chapter 4 of the Landscaping and Lighting Act of 1972, as amended'
RESOLUTION INTENT
sEcTloN 4. lf any provision of this Resolution is held to be unconstitutional or Resolution be severable from unlav,rful, it is the intent of the biiy council that such portion of this the remainder and that the remainder be given full force and effect'
ADOPTION GERTIFICATION passage and adoption of sEcTloN 5 The Assistant City Clerk shall certify to the this Resolution.
pASSED, APPROVED AND ADOPTED this 20th day of July, 2020.
Tim Hepburn, MaYor
ATTEST:
Lupe Gaeta Estrella, Assistant CitY Clerk
Resolution No. 20-63 2
191 Monday, July 20, 2020, City Council Meeting Page No. 180
CERTIFICATION
I hereby certify that the foregoing Resolution No. 20-63 was duly and regularly adopted by the City Councit oi ttre City of LI Ve-rne at a meeting thereof held on the 20th day of July, 2020 by the following vote:
AYES: NOES: ABSENT: ABSTAIN
Lupe Gaeta Estrella, Assistant City Clerk
Resolution No. 20-63 3
192 Monday, July 20, 2020, City Council Meeting Page No. 181
Agenda Report CITY OF LA VERNE City Engineer Appnoved by Glttr fi$eqttslr a't its meet[ng of DATE: June 15,2020 \b =:=-]# TO: Honorable Mayor and City Council
FROM: Dominic C. Milano, City Engineer
SUBJECT: LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 7; ENGINEER'S REPORT
AGENDA SUMMARY:
Pursuant to the provisions of Division 15, Part 2, of the Streets and Highway Code, an Engineer's Report for Landscape and Lighting Maintenance District No. 7 (La Verne Heignts lll) has been prepared for City Council preliminary approval. Said approval sets thelevy of assessments for Fiscal Year 2020-21and sets the public hearing for July 20, ZOZO. There is no proposed increase in the assessment but the levy is proposed to remain at the 2019120level of $600 per parcel.
RECOMMENDATION:
Staff is recommending that the City Council adopt Resolution 20-44, preliminarily approving the Engineer's Report and set the public hearing for levying a full year's assessment for July 1 5,2020.
BACKGROUND: Resolution No. 95-2 formed On January-and 3, 1995 the City Council by adopting Landscape Lighting Districi No. 7. This District was formed to maintain the fuel modification zonei inc'luded in the La Verne Heights lll (Lewis Homes) housing development. The creation of the District was a requirement of the La Verne Heights Specific Plan.
An expenditure budget was prepared and approved in 1995 estimating the total cost to maintain the transitional landscaping and the fuel modification zones at $128,940 or $693.26 per Parcel.
193 Monday, July 20, 2020, City Council Meeting Page No. 182
Mayor and City Council Landscape & Lighting Maintenance District No. 7 Page 2 of 2
For the 1995/96 fiscal year a zero assessment was levied since it was assumed that none of the areas would be completed for City maintenance. Because of a credited developer paid surplus paid in 1996/97, the levy on each parcel had been at a lesser amount ($534.54) than the maximum allowed assessment amount of $693.26. ln Fiscal Year 2009110, the levy was raised to the maximum allowed in the District ($693.26) since the developer paid surplus was almost expended. ln Fiscal Year 2019120 the line item in the budget for personnel services decreased as a result of the City's reassignment of personnel. The levy was reduced to $600.00 per parcel from the maximum allowable assessment of $693.26 per parcel with the application of built up reserves the levy for 2020-21 is proposed to remain at the 2019120 level of $600.00 per parcel Adequate fuel modification reserves will still be maintained.
194 Monday, July 20, 2020, City Council Meeting Page No. 183
RESOLUTTON NO.20-44
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS 1 ANGELES, STATE OF CALIFORNIA, APPROVING THE "ENGINEERS REPORT" 2 FOR ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2O2O-21 IN THE EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT WITHIN SAID 3 CITY, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE 4 PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC 5 HEARING THEREON (LLMD #7) 6 WHEREAS, this City Council has previously formed a Landscaping District 7 pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of B the State of California, being the "Landscaping and Lighting Acl of 1972," for a I maintenance district to be known and designated as
10 CITY OF LA VERNE 11 LANDSCAPING & LIGHTTNG MAINTENANCE DISTRICT NO.7
12 (hereinafter referred to as the "District"); and, 13 WHEREAS, at this time the City Council is desirous to take proceedings to 14 provide for the reduced annual levy of assessments for the next ensuing fiscal year to 15 provide for the costs and expenses necessary to pay for one year of the maintenance of 't6 the improvements within said District; and
17 WHEREAS, at this time there has been presented to this City Council the 18 Engineer's Report as required by Division 15 of the Streets and Highways Code, and at 't9 this time, this City Council is desirous of proceeding with the proceedings for said 20 annual levy;
2',1 WHEREAS, this city council has now carefully examined and reviewed the 22 ,,Engineer,s Report" as presented, and is satisfied with each and all of the items and 23 documents as set forth therein and is satisfied that the assessment, on a preliminary 24 basis, has been spread in accordance with the benefits received from the maintenance 25 to be pbrformed as set forth in said "Engineer's Report'" 26
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28 195 29 Monday, July 20, 2020, City Council Meeting Page No. 184
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA AS FOLLOWS:
1
2 SECTION 1. That the above recitals are all true and correct. 3 PUBLIC INTEREST 4 SECTION 2. A. That the public interest and convenience requires, and it is the 5 intention of this City Council to undertake proceedings for the reduced annual levy and 6 collection of special assessments for the continual maintenance of certain landscaping, all to serve and benefit said District as said area is shown and delineated on a map as 7 previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and therein so referenced and made a part hereof. 8 maintained are substantially the 9 B. That the improvements to be same as for the previous fiscal year and reference is hereby made to said proceedings, 10 and there are not substantial changes proposed to be made in any existing improvements or maintenance thereof. 11 REPORT 12 presented, consisting the 13 sEcIoN 3. That the "Engineer's Report" as of following: 14 A. Plans and Specifications 15 B. Estimate of Cost for one-year's assessment 16
17 C. Diagram of the Maintenance District
18 D. Assessment of the Reduced Estimated Cost
19 is hereby approved on a preliminary basis for Fiscal Year 2020-21 and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public 20 inspection. 21 That the Assistant City Clerk shall certify to the passage and 22 adoption of this resolution and the minutes of this meeting shall so reflect the presentation of the "Engineer's Report." 23
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28 Resolution No. 2044 196 29 Monday, July 20, 2020, City Council Meeting Page No. 185
ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is the 1 intention of this City Council to order the annual assessment levy for the District as set 2 forth and described in said "Engineer's Report," and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay 3 the costs and expenses of said maintenance and improvement as estimated in said "Engineer's Report." 4 DESCRIPTION OF MAINTENANCE 5
6 SECTION 5. The assessments which are to be levied and collected shall be for the maintenance of certain landscaping and lighting as set forth in the "Engineer's 7 Report," referenced and incorporated herein.
B COUNryAUDITOR I SECTION 6. The County Auditor shall enter on the County Assessment Roll 10 the amount of the assessments and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net 11 amount of the assessment, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and 12 expenses of said District. 13 SPECIAL FUNDS 14 SECTION 7. That all monies collected shall be deposited in the previously 15 established fund known as
16 LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO.7 17 Payment shall be made out of said fund only for the purpose provided for in this 18 Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said special fund, money from any available source, 19 such funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution. 20
21 BOUNDARIES OF DISTRIGT 22 SECTION 8. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and 23 this City Council makes the costs and expenses of said maintenance chargeable upon District, which District said City Council hereby declares to be the District benefited 24 the by said improvements and maintenance, and to be further assessed to pay the costs 25 and expenses thereof. Said District shall include each parcel of land within the boundaries of said District as said District is shown in a map as approved by this City 26
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28 Resolution No. 20.44 197 29 Monday, July 20, 2020, City Council Meeting Page No. 186
Council and on file in the Office of the City Clerk and so designated by the name of the District.
1 PUBLIC PROPERTY 2 SECTION 9. Any lot or parcels of land known as public property, as the same 3 are defined in Section 22663 of Division 15, Part 2, of the streets and Highways Code of the State of California, which are included within the boundaries of the Maintenance 4 District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and of maintenance work. 5 expenses said
6 PUBLIC HEARING
7 SECTION 10. NOTICE IS HEREBY GIVEN THAT ON THE 2oth DAY OF JULY, 2020 AT THE HOUR OF 6:30 P.M. lN THE CITY COUNCIL CHAMBERS OF 8 LA VERNE CITY HALL, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL I FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF MAINTENANCE ASSESSMENTS, TO THE EXTENT OF THE 10 MAINTENANCE AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE 11 ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. 12
13 NOTICE
14 SECTION 11. The Assistant City Clerk is hereby authorized and directed to notice and publish the public meeting and public hearing as required by law. 15 SECTION 12. That the Assistant City Clerk is further directed to cause a copy 16 of the Resolution of lntention to be posted upon the official bulletin board customarily 17 used by the City for posting of notices.
18 EFFECTIVE DATE,
19 SECTION 13. This Resolution is adopted pursuant to the provisions of Section 22623, et seq. of the Streets & Highways Code of the State of California shall take 20 effect immediately upon its adoption. 21
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28 Resolution No. 20-44 198 29 Monday, July 20, 2020, City Council Meeting Page No. 187
PROCEEDINGS INQUIRIES
SECTION 14. For any and all information relating to the proceedings, protest 1 procedure, any documentation and/or information of a procedural or technical nature, 2 your attention is directed to the below listed person at the local agency or department so designated: 3 DOMINIC C. MILANO 4 RKA CONSULTING GROUP 398 LEMON CREEK DRIVE, SUITE E 5 WALNUT, CA 91789 6 (909) 594-9702
7 PASSED, APPROVED AND ADOPTED this 15th day ofJune, 2020.
B I /s/TlM HEPBURN 10 Tim Hepburn, Mayor
11 ATTEST:
12 /S/ LUPE GAETA ESTRELLLA 13 Lupe Gaeta Estrella, CMC, Assistant City Clerk 14
15 CERTIFICATION
16 l, Lupe Gaeta Estrella, Assistant City Clerk of the City of La Verne, DO HEREBY passed and adopted by the said City 17 CERTIFY that Resolution No. 20-44 was duly Council at a regular meeting of the said Council held on the 15th day of June, 2020by 18 the following vote:
19 AYES: Lau, Crosby, Davis, Carder, and Mayor Hepburn. NOES: None. 20 ABSENT: None. ABSTAIN: None 21 /s/LU'EGAETAESTRELLLA 22 Lupe Gaeta Estrella, CMC, Assistant City Clerk 23
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28 Resolution No. 20-44 199 29 Monday, July 20, 2020, City Council Meeting Page No. 188
CITY OF LA VERNE
ENGINEER'S REPORT
AFTER FORMATION OF LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.7
FISCAL YEAR2O2OI21
SECTION 1. AUTHORITY FOR REPORT
prepared with the requirements of Article 4, Chapter 1 This report is in compliance ' Landscaping and Lighting Acl of 1972, Parl 2 ot Division 15 of the Streets and Highways Code of the State of California.
Landscape and Lighting District No.7 ("District') a special benefit assessment district, provides limited funding for the maintenance of open space within the oak tree preserve, equestrian and pedestrian trails and the fuel modified landscaped areas owned by the City of La Verne or provided for by easements to the City of La Verne.
Section 22573, Landscaping and Lighting Acl ot 1972, requires assessments to be levied according to benefit rather than according to assessed value.
The boundary of the District is completely within the city limits of the city of La verne and is shown on the Assessment Diagram (on file in the office of the city clerk at the City Hall of La Verne as Exhibit "A,' (Pages 1 thru 4). All parcels.of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office.
SECTION 2. PLANS & SPECIFICATIONS FOR THE IMPROVEMENTS
The fuel modification zone is illustrated in Exhibits 2-27 and 2-28 0l the La verne Heights specific Plan, a copy of which is on file in the office of the city clerk. lt has bee-n creaied to protect resid;ntial land uses from wildland fires within La Verne Heights along the interface between developed and non-developed land uses. Fire-retardant qualiiies useful for fuel modification procedures involve plants with a low growth habit and fuel volume with a low heat output when burned.
Fuel modification principles used implement a combination of wildfire suppression techniques currently emptoy6d by various agencies in Southern California. ln general, significant specimens of eiisting desirable, low fuel. plant species located. within the zo-ne will continue to be preservld, trimmed and maintained. Representative species include mature coast live oak, toyon, and sycamore. Areas within the zone are subject
200 Monday, July 20, 2020, City Council Meeting Page No. 189 to fuel modification specifications for each hazard classification. Fuel modified slopes will provide for adequate fire safety, and minimal visual, biotic and erosion impacts.
The portion of the Specific Plan west of Esperanza Drive and south of the main community entrance and south of Ridgeview Drive have been designated "extreme fire hazard," primarily due to type and density of vegetation and slope. The first 100-feet from the structure will require 100 percent removal of vegetation (excluding healthy oak trees) and replanting the area with low fuel plant species. Since a perimeter road concept has been employed, a majority of this 100-foot zone will be utilized by front yard landscaping, roadway pavement, pedestrian trails and introduced landscaping, thereby minimizing or eliminating required removal of natural vegetation. The next 200- feet will require a combination of the same fuel modification techniques, but with the replanting of low fuel plant species. Healthy oak trees in all zones shall be pruned of dead material a minimum of six feet above average existing grade. All areas beyond the limit of the Extreme Fire Hazard Zone (300-feet from the edge of structures) will remain in natural unmodified open space.
The remainder of the perimeter areas are designated as "High Fire Hazard," as shown in Exhibil2-27 of the La Verne Heights Specific Plan. The majority of this area is located along Marshall Canyon, and is highly visible from existing development. The High Fire Hazard Zone requires much less fuel modification than the extreme zone, resulting in fewer visual impacts. The High Fire Hazard Zone is divided into two areas. The first 1Oo-feet form the structure requires 100 percent vegetation removal (excluding healthy oak trees), and replanting the are with low fuel plant species. The next 100-feet requires fuel modification as previously discussed. Areas beyond this zone will remain in natural open space, with no fuel modification.
The High Fire Hazard Zone - lnternal Canyon Area is identical to the standard high fire hazard ire in that the 100-fooU100 percent removal zone and remaining Fuel Modification zone are identical. All healthy oaks in the lnternal canyon Area will be preserved with some minor pruning potentially being required. This canyon. area contains the extension of the Oak Tree Preserve. All oak trees will be preserved in the Fuef Modificatio n Zone. No external view-shed impacts are associated with fuel modification activities in this zone.
Part of the development of the fuel modification zones is planting of low fuel plant species. This planting is generally referred to as transitional landscaping. A separate line item has been included in the budget.
The last element of this District is the maintenance of open space. while this is a massive area, little maintenance is expected except for the trail systems'
SECTION 3, METHOD OF APPORTIONMENT The net amount to be assessed upon the properties within the District is apportioned by a formula and method which equally distributes the amount of benefit among all asiessable parcels. The maintenance of the slopes provides a special benefit which is received by each and every lot or parcel within the District.
201 Monday, July 20, 2020, City Council Meeting Page No. 190
SECTION 4. DIAGRAM FOR THE ASSESSMENT DISTRICT
A reduced copy of the assessment diagram is attached as Exhibit "A." Full size maps are available in the office of the City Engineer.
SECTION 5. ASSESSMENT
The fuel modified landscaping was developed and is maintained for the benefit and enjoyment of all the properties included within the assessment district boundaries, and all pircels benefit from the improvements. The amount to be assessed upon the assessable lands within the district for fiscal year 1995/96 was zero. The developer, Lewis Homes of California was solely responsible for maintenance this fiscal year. The amount to be assessed upon the assessable lands within the District for fiscal year 1996/97 was $128,946 ($693.26 per parcel). But since only three-fourths of the area was anticipated to be ready for acceptance by the City for maintenance during fiscal year t996/SZ, the assessment was reduced to $99,425.00. For the fiscal year 1997/98 ihe ass"ssment was to return to the originally approved amount of $128,940 which would have been necessary to maintain aliof the proposed fuel modified areas after the establishment plant growtlr period. Since no additional areas above the 't 996/97 level were anticipated to de accepted during fiscal year 1997/98, the assessment was again reduced to $99,425.00. For fiscal year 1998/99 the full assessment budget was approvea at $106,060.00. This was less than the 1996 estimate of $128,940 do to the following factors:
1. The water usage for the established areas was less than first two year of growth.
2. The required maintenance for the established areas is less than previous years'
proposed to For fiscal years 1999/00 thru 2006/07, the $106,328.00 budgets were previous year's assessments Ue appioximateiy at the 1998/99 level with surpluses from LOrfing the asiessment to $99,425.00, the 1998/99 level. For fiscal years 2007loa costs to maintain and 2OOIB/09 the budget was increased to $135,219 due to increased iuei modification areai. For fiscal year 2009/10, the budget was increased to $150'363' That increase was due to an increase in the maintenance levels for transitional increased landscaping and open space fuel modification. ln addition, the cost of water the levy was increased from OV iO-p!r.Ent. ln order'to reduce the assessment deficit, per parcel as S6gada p", parcel to the maximum allowed within the district of $693.26 i.t"Ofi.nLO with the formation of the district. For fiscal yeat 20'l0l11 the-budg-et.was year 2011l12.lhere reauceo to $132,828.00 due to reduction in water usage. For fiscal wasaslightincreaseinthebudgetto$l34,oT.5.oowithacreditedsurplqsof-$S,1.29.00 pr"iior, fiscal years balinces the budget with assessments. For fiscal year iio, prwious.years the budget was again slightly increaied to $142,174'00 with 2}12l1g yeat lhe surotuses beinq credited t6 Oatan-ce the assessment. For fiscal 2013114 6 $fi2,246 with previous..vears surpluses being credited to il;s;i;r;-;;"dr;;J increased to balance the assessment. Foi fiscal yeat 2014115 the budget was with previous years surpluies bei1S.99!ited to balance the assessment Sisi,+oooo years n'r."f year ZOiSl16 the budget increased to $1 86,000 with previous surpluses ioi proposed one ueing to balance the issessment. The increase was due to a "r"6iteo
202 Monday, July 20, 2020, City Council Meeting Page No. 191 time improvements to the storm drain system ($10,000'00) and increase fuel modificaiion $40,000.00. ln fiscal year 2016117 the budget decreased to $154,500 with the completion of the 2015/16 storm drain improvements and the major fuel modification projects. Previous years surpluses were credited to balance the assessments. For fiscal year 2017118 the budget increased to $166,630.00 from $154,500.00 in order to replace ihe controller's "cellular'' cards. There were adequate reserves to fund the short fall between the amount that can be assessed and the cost center total. For fiscal year 2018119, the budget was decreased to $162,138.00 with the reserves funding the short fall. While the asiessment remained at the maximum of $693.26, the levy was reduced to $650.00 per parcel because of the high reseryes. For fiscal year 2019120, the budget was decreased to $158,1 67.00. The levy was again decreased from the maximum of $693.26 and the 2018-19 levy of $650.00 per parcel to $600.00 per parcel with the reserves used to balance the budget. For Fiscal 2020-21 the budget is being increased to $163,453.00. The assessmenf levy is proposed to remain at lhe 2019120 amount of $600.00 per parcel. Adequate fuel modification reserves will still be maintained.
As required by said Act, a diagram is attached hereto showing the Dlstricl and the boundaries and dimensions of the respective parcels of land within said District as the same existed at the time of the adoption of the Resolution of Intention and the initiation of these proceedings, as each parcel has been given a separate number upon said Diagram.
203 Monday, July 20, 2020, City Council Meeting Page No. 192
EXPENDITURE BUDGET
2020t21
tvIAINTENANCE ASSESSMENT DISTRICT
ACCOUNT NO. 246-5208 LA VERNE HEIGHTS III DISTRICT 7
PERSONNEL SERVICES
REGULAR SALARIES AND WAGES PART TIME WAGES FRINGE BENEFIT COSTS ADMINISTRATION COSTS
TOTAL PERSONNEL SERVICES $13,153.00
OPERATIONAL
32-OO OTHER PROFESSIONAL SERVICES $0.00 32-05 ARCHITECT/ENGINEERING SERVICES $2,500.00 32.09 OTHER CONTRACTUAL SERVICES $80,000.00 43-05 CONTRACTUAL MAINT. SERVICE $30,000.00 . OPEN SPACES AND TRANSITIONAL LANDSCAPING $27,000.00 TRAILS $ o.oo o WET LANDS $ 0.00 O DRAINAGE STRUCTURE MAINTENANCE $ 3,000.00
54-05 LEGAL NOTICES AND PUBLICATIONS $500.00 62-51 ELECTRICITY UTILITY $300.00 62-52 CITY UTI LITI ES/}VATER, ETC. $34,000.00 64-00 MISC. MATERIALS & SUPPLIES $0.00 65-07 MATERIALS/NURSERY ITEMS $0.00 000.00 65-16 SPRINKLER/IRRIGATION SUPPLIES $3
OPERATIONAL TOTAL $150,300.00
FUND FOR TREE TRIMMING (5 YEAR) $0.00
COST CENTER TOTAL $'163,453.00 ($51,853.00) CREDITED RESERVES
TOTAL TO BE ASSESSED $111,600.00
2020/21 DTSTRICT 7 EQUAL PARCEL ASSESSMENT (186 PARCELS) $600'00
204 Monday, July 20, 2020, City Council Meeting Page No. 193
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205 Monday, July 20, 2020, City Council Meeting Page No. 194
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206 Monday, July 20, 2020, City Council Meeting Page No. 195
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207 Monday, July 20, 2020, City Council Meeting Page No. 196
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208 Monday, July 20, 2020, City Council Meeting Page No. 197
o CITY OF LA VERNE City Engineer
DATE: July 20,2020
TO Mayor and City Council
FROM: Dominic C. Milano, CitY Engineer
SUBJECT: CITYWIDE LANDSCAPING AND LIGHTING DISTRICT NO. 8; PUBLIC HEARING; RESOLUTION PROVIDING FOR THE ANNUAL LEVY
ENDA
On June 15,2020, the City Council set July 20,2020 at 6:30 p'm' as the date and time for the public heiring for the subject assessment district. There is no proposed increase in the assessment from last year's levy'
staff is recommending that the city council adopt Resolution No. 20-64, providing for the annuai levy for Fiscal Year 2020-2021'
ROU
AttachedistheEngineer'sReportandtheagendareportfromtheJunelS,2020 meeting.
209 Monday, July 20, 2020, City Council Meeting Page No. 198
'RESOLUTION NO.20-64
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, OVERRULING PROTESTS AND PROVIDING FOR THE ANNUAL LEVY AND COLLECTING OF ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE IN AN EXISTING DISTRICT' TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA (LLMD #8)
WHEREAS, the City has previously formed a Landscaping Maintenance District pursuant to the provisions of Division 15, Part 2 of the streets and Highways code of the State of California, being the "Landscaping and Lighting Act of 1972," Ior a maintenance district to be known and designated as
CITY OF LA VERNE CAPING & LIGHTING MAINTENANCE DISTRICT NO. 8
(hereinafter referred to as the "District"); and'
WHEREAS, this council did on the 1Sth day of June, 2020 adopt a Resolution declaring its intention to order the maintenance of landscaping and lighting in the City of La Verne for a period beginning July 1,2020 and ending June 30, 2021 said landscaping and lighting services to be within the "District," and
WHEREAS, said Resolution did fix the time and place for a hearing of any and all protests in relation to said proposed maintenance; and
WHEREAS,allinterestedpersonsweregivenfullopportunitytopresenttheir protests or objections; and
posting of WHEREAS, evidence has been received as to the publication and notice of said hearing in the time, form and manner required by law'
210 Monday, July 20, 2020, City Council Meeting Page No. 199
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA AS FOLLOWS:
PROTESTS
SECTIONI. That the City Council after due consideration of all such objections and protests, does hereby overrule and deny any such protests and objections and each of them to the maintenance to be done within said "District," and to the proposed assessment therefore; and does hereby confirm and adopt as a whole, unmodified, the assessment and report.
ASSESSMENT
sEcTloN 2. That the public interest and convenience demands and requires and this City Council does hereby order the said contemplated maintenance to be performed in accordance with the plans and specifications therefore, adopted and approved, and the council does hereby levy and said proposed assessment is hereby niaOe to cover the costs and expenses of said maintenance upon the respective subdivisions of land in said "District" and as fixed by the report and assessment heretofore filed in the Office of the City Clerk.
LOS ANGELES COUNTY TAX COLLECTOR
sEcTloN 3. The Assistant city clerk of the city of La Verne is hereby ordered to transmit to the county of Los Angeles Tax Collector the diagram and asslssr"nt upon which such levy is based, and said County Tax Colleclor is-hereby perform authorized and directed to make tolbction of all such assessment, and to all the acts and duties as are required of said Act to be performed by the persons Act of aeslgnat"O as "County Auditor" in Chapter 4 of the Landscaping and Lighting 1972, as amended.
RESOLUTION INTENT or SECTION 4. lf any provision of this Resolution is held to be unconstitutional be unlawful, it is the intent oi itr" City Council that such portion of this Resolution r"r"r"Ufb from the remainder and that the remainder be given full force and effect'
ADOPTION CERTIFTCATION
passage adoption sEcTloN 5. The Assistant City Clerk shall certify to the and of this Resolution.
2 Resolution No. 20-64
211 Monday, July 20, 2020, City Council Meeting Page No. 200
PASSED, APPROVED AND ADOPTED this 20th day of July, 2020.
Tim Hepburn, Mayor
ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
I hereby certify that the foregoing Resolution No. 20-64, was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 20"' day of July, 2020 by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Lupe Gaeta Estrella, Assistant City Clerk
3 Resolution No.20-64
212 Monday, July 20, 2020, City Council Meeting Page No. 201
Appncved by Clty Coune ll st lfa meedng ot ,= 3 o o [ne [5, aDao CIry OF LAVERNE CiU Engineer
June 15, 2020
TO: Honorable Mayor and CitY Council
FROM: Dominic C. Milano, CitY Engineer
SUBJECT: LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 8; ENGINEER'S REPORT sllrl[l pursuant to the provisions of Division 15, Part 2, of the streets and Highways code, an (Marshall engineers Report for Landscape and Lighting.Maintenance District No. 8 C;;t"; i.trii," Specific Plan' developrient) has been prepared J:' 9lty Council pr"fii"ir"ry S"id approval seti the_levY of for Fiscal Year 2O2O' .assessments levy at the 2t and sets"pp.r"i. ilie public nearin! for July 20,2020. 1t is proposed to set the parcel' I SSO-SZ approved full year's aisessment of $249'70 per
R] preliminarily staff is recommending that the city council adopt.Resolution No' 20-45, ;;t""idih; Engin";r'. Report and setting the public hearing for July 20'2020' I
overruling protests January 3, 1995 the city council approved Reso.lution No.95-3 on No. 8 tor tne tormailon ot L"nol""p" and tighting Maintenance.District and Lighting. District "no-piorioingthe annual levy fl"ting of assessments.foilandscaping and would have At that time,"no it ,r"."of that within a year Lewis.-Homes No. 8. area and the tn" construction anJ"nti"ip"ted tne Cty would accept the fuel modification ""rpr"t"Jii;; p;rx (open space; for maintenance in fiscal year 1996/97'
213 Monday, July 20, 2020, City Council Meeting Page No. 202
Mayor and City Council Landscape & Lighting Maintenance-District No. 8 Page 2 of 2
An expenditure budget was prepared and approved in 1995 estimating a full one year's maintenance cost of $45,445 ($249.70 per parcel) to be levied in fiscal year 1996-97. The levy for 1995/96 was set at zero since no areas were to be maintained by the City. Since Fiscal Year 1996/97, the assessment budget increased as the City accepted additional areas for maintenance and as maintenance and utility costs have increased.
ln 2004t05, the City accepted all the fuel modification areas for maintenance. While the cost to maintain the District increased over the years, exceeding the maximum allowed to be assessed ($+S,196), previous years surpluses were used to hold the assessment at the 1g95 approved levy of $249.70 per parcel. This year's budget of $54,417.00 is lower than last year's budget of $61,516.00 due to savings in maintenance. With the application of a tredited reierves, the levy is proposed to remain at $249.70. Adequate fuel modification reserves will remain in the District
214 Monday, July 20, 2020, City Council Meeting Page No. 203
RESOLUTION NO.2045
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNry OF 1 ANGELES, STATE OF CALIFORNIA, APPROVING THE "ENGINEERS REPORT" 2 FOR ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2O2O-2I IN THE EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT WTHIN SAID 3 C]ry, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE 4 PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS GODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC 5 HEARING THEREON (LLMD #8) 6 WHEREAS, this City Council has previously formed a Landscaping District 7 pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of 8 the State of California, being the "Landscaping and Lighting Act of 1972," for a I maintenance district to be known and designated as
10 CITY OF LA VERNE 11 LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO.8
12 (hereinafter referred to as the "District"); and, 13 WHEREAS, at this time the City Council is desirous to take proceedings to 14 provide for the reduced annual levy of assessments for the next ensuing fiscal year to 15 provide for the costs and expenses necessary to pay for one year of the maintenance of
16 the improvements within said District; and
17 WHEREAS, at this time there has been presented to this City Council the 18 Engineer's Report as required by Division 15 of the Streets and Highways Code, and at 19 this time, this City Council is desirous of proceeding with the proceedings for said 20 annual levy;
21 WHEREAS, this City Council has now carefully examined and reviewed the 22 "Engineer's Report" as presented, and is satisfied with each and all of the items and 23 documents as set forth therein and is satisfied that the assessment, on a preliminary 24 basis, has been spread in accordance with the benefits received from the maintenance 25 to be performed as set forth in said "Engineer's Report." 26
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THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA VERNE, CAL]FORNIA AS FOLLOWS: 1
2 RECITALS
3 SECTION 1- That the above recitals are all true and correct.
4 PUBL]C INTEREST 5 SECTION 2. A. That the public interest and convenience requires, and it is the 6 intention of this City Council to undertake proceedings for the reduced annual levy and collection of special assessments for the continual maintenance of certain landscaping, 7 all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open 8 to public inspection, and therein so referenced and made a part hereof. I B. That the improvements to be maintained are substantially the 10 same as for the previous fiscal year and reference is hereby made to said proceedings, and there are not substantial changes proposed to be made in any existing
11 improvements or maintenance thereof .
12 REPORT 13 sEcTtoN 3. That the "Engineer's Report" as presented, consisting of the 14 following:
15 A. Plans and Specifications
16 B. Estimate of Cost for one-year's assessment 17 C. Diagram of the Maintenance District 18 D. Assessment of the Reduced Estimated Cost 19 is hereby approved on a preliminary basis for Fiscal Year 2020-21 and is ordered to be 20 filed in the Office of the City Clerk as a permanent record and to remain open for public 21 inspection.
22 That the Assistant City Clerk shall certify to the passage and adoption of this resolution and the minutes of this meeting shall so reflect the 23 presentation of the "Engineer's Report." 24
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28 Resolution No. 2045 216 29 Monday, July 20, 2020, City Council Meeting Page No. 205
ASSESSMENT
1 SECTION 4. That the public interest and convenience requires, and it is the 2 intention of this City Council to order the annual assessment levy for the District as set forth and described in said "Enginee/s Report," and further it is determined to be within 3 the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said 4 "Engineer's Report." 5 DESCRIPTION OF MAINTENANCE 6 SECTION 5. The assessments which are to be levied and collected shall be 7 for the maintenance of certain landscaping and lighting as set forth in the "Engineer's Report," referenced and incorporated herein. 8 o COUNryAUDITOR
10 SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments and shall collect said assessments at the time and in 11 the same manner as County taxes are collected. After collection by the County, the net amount of the assessment, after the deduction of any compensation due to the County 12 for collection, shall be paid to the Treasurer for purposes of paying for the costs and 13 expenses of said District.
14 SPECIAL FUNDS
15 SECTION 7. That all monies collected shall be deposited in the previously established fund known as 16
17 LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO.8
18 Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, 19 the City Council may transfer into said special fund, money from any available source, such funds as it may deem necessary to expedite the proceedings. Any funds shall be 20 repaid out of the proceeds of the assessments provided for in this Resolution. 21 BOUNDARIES OF DISTRICT 22 SECTION 8. Said contemplated maintenance work is, in the opinion of this 23 City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon 24 the District, which Distriot said City Council hereby declares to be the District benefited pay costs 25 by said improvements and maintenance, and to be further assessed to the and expenses thereof. Said District shall include each parcel of land within the 26
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28 Resolution No. 20-45 217 29 Monday, July 20, 2020, City Council Meeting Page No. 206
boundaries of said District as said District is shown in a map as approved by this City Council and on file in the Office of the City Clerk and so designated by the name of the District. 1
2 PUBLIC PROPERTY
3 SECTION 9. Any lot or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, Part 2, of the streets and Highways Code of 4 the State of California, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these 5 proceedings to cover any of the costs and expenses of said maintenance work. 6 PUBLIC HEARING 7 SECTION 10. NOTICE IS HEREBY GIVEN THAT ON THE 20th DAY OF JULY, I 2020 AT THE HOUR OF 6:30 P.M. lN THE CITY COUNCIL CHAMBERS OF LA VERNE CITY HALL, IS THE TIME AND PLACE FIXED BY THIS CIry COUNCIL I FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE 10 ANNUAL LEVY OF MAINTENANCE ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE AND ANY OTHER MATTERS CONTA]NED IN THIS RESOLUTION. 11 ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK '12 PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. 13 NOTICE 14 SECTION 11. The Assistant City Clerk is hereby authorized and directed to 15 notice and publish the public meeting and public hearing as required by law.
16 SECTION 12. That the Assistant City Clerk is further directed to cause a copy Resolution of lntention to be posted upon the official bulletin board customarily 17 of the used by the City for posting of notices. 18 EFFECTIVE DATE 19 SECTION 13. This Resolution is adopted pursuant to the provisions of Section 20 22G23, et seq. of the Streets & Highways Code of the State of California shall take upon its adoption. 21 effect immediately
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28 Resolution No.20-45 218 29 Monday, July 20, 2020, City Council Meeting Page No. 207
PROCEEDINGS INQUIRIES
SECTION 14. For any and all information relating to the proceedings, protest 1 procedure, any documentation and/or information of a procedural or technical nature, 2 your attention is directed to the below listed person at the Iocal agency or department so designated: 3 DOMINIC C. MILANO 4 RKA CONSULTING GROUP 398 LEMON CREEK DRIVE, SUITE E 5 WALNUT, CA 91789 6 (eoe) 594-e702
7 PASSED, APPROVED AND ADOPTED this 15th day of June, 2O2O I I /s/TlM HEPBURN
10 Tim Hepburn, Mayor
11 ATTEST
12 /S/ LUPE GAETA ESTRELLLA 13 Lupe Gaeta Estrella, CMC, Assistant City Clerk 14 CERTIFICATION 15 l, Lupe Gaeta Estrella, Assistant City Clerk of the City of La Verne, DO HEREBY 16 CERTIFY that Resolution No. 20-45 was duly passed and adopted by the said City at a regular meeting of the said Council held on the 15th day of June, 2020 by 17 Council the following vote: 18
19 AYES: Lau, Crosby, Davis, Carder, and Mayor Hepburn NOES: None. 20 ABSENT: None. ABSTAIN None. 21 /S/ LUPE GAETA ESTRELLLA
22 Lupe Gaeta Estrella, CMC, Assistant City Clerk 23
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28 Resolution No. 20-45 219 29 Monday, July 20, 2020, City Council Meeting Page No. 208
CIry OF LAVERNE
ENGINEER'S REPORT
AFTER FORMATION OF LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 8
FISCAL YEAR2O2OI21
SECTION 1 AUTHORIry FOR REPORT
This report is prepared pursuant to the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Parl 2 of Division 15 of the Streets and Highways Code of the State of California.
Landscape and Lighting Diskict No. 8 ("District") a special benefit assessment district, provides funding for the maintenance of the neighborhood park and fuel modified landscaped areas all owned by the City of La Verne or provided for by easements to the City of La Verne.
Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value.
The boundary of the District is completely within the City limits of the City of La Verne and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of La Verne as Exhibit'A," Pages 1 thru 3)' All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office.
SECTION 2. PLANS & SPECIFICATIONS FOR THE IMPROVEMENTS
COMMUNI ryAND NEIGHBOR HOOD PARK
The community park created with the Marshall canyon development was designed to be accessed and utilized by the neighborhoods surrounding the development' This park will thus be included in Citywide Landscaping and Lighting District Number 6 for maintenance purposes which is now being funded by the city's utility tax. The neighborhood park, referred to in some City documents as "linear park" can be acc-essed by the general public from the community park but is more likely to be used by the Mars-hall Cinyon development. For this reason one-half of the maintenance cost oi th" lin""r park has been included in District No. 8. The second half of the maintenance will be included in the General Fund budget. Maintenance of appurtenant drainage devices and facilities are included in the "District."
220 Monday, July 20, 2020, City Council Meeting Page No. 209
EL MODIF
The fuel modification zone is illustrated in Exhibits 62 and 63 0f the Marshall canyon Estates Specific Plan, a copy of which is on file in the office of the city clerk. lt has been created to protect residential land uses from wildland fires within Marshall Canyon Estates along the interface between developed and non-developed land uses. Fire-retardant qualities useful for fuel modification procedures involve plants with a low growth habit and fuel volume with a low heat output when burned.
Fuel modification principles used implement a combination of wildfire suppression techniques currently employed by various agencies in Southern California. ln general, significant specime;s oi eiistini desirable, low fuel plant species located within the zo"ne will continue to be preservld, trimmed and maintained' Representative species include mature coast live oak, toyon, and sycamore. Areas within the zone are subject to fuel modification specifications for each hazard classification. Fuel modified slopes will provide for adequate fire safety, and minimal visual, biotic and erosion impacts' "District." Maintenance of appurtenant drainage devices and facilities are included in the
Areas to the north of the custom home area have been designated as an extreme fire hazard zone due to the character of the existing vegetation and slope. Modification procedures for the extreme fire hazard area require a 300-foot zone. The first 100 feet (excluding iZone R) from structures require 100 percent removal of vegetation ir"r"*"i specimens) and re-vegetating with a low fuel plant species. The next 200 ieet require'a combi;ation of fuJl modification techniques and re-vegetation with low t pf"itt species. Healthy oaks and other significant trees in all zones shall be pruned of "idead maierial a minimum of six feet abovsaverage existing grade' All areas beyond tn" firit of the extreme fire hazard zone (300 feet from the edge of structures) will remain in natural unmodified open space'
Limited areas of the site adjacent to the golf course and flatter portions of valleys a in the custom home area represent a high fire hazard condition. other than being reduced zone of modification (300 feei to 200 feet), all facets of the modification procedure remain the same. Moderatefirehazardzonesoccuraroundtheexistinghomesandinthe homes are neign';orhooJ park adjacent to the golf course. Although the existing- groves ornamental surrounded on tvvo sides by e{reme iire hazard conditions, the of tr*i i"O irrigated nature of the landscape create a less hazardous condition' The ;oi"1blpecies have been removed'and the dead material on healthy oaks have iilghl, been U.ln'prrn.a to a minimum of six feet above average grade. Modified areas have replanted with low fuel plant material.
SECTION 3. METHOD OF APPORTIONMENT ThenetamounttobeassessedUponthepropertieswithinthe-D.strictis the amount of benefit apportioneJ Uy a formula anO metnoa which equally distributes aliong aff asiessable parcels. The maintenance of the slopes provides a special Assessment oenefii wnich is received by each and every lot or parcel within the District' prior subdivision of Tract 45586' r.r". r aa (Lot 183 of Tract +'ssao; *r. an eiisting to the
221 Monday, July 20, 2020, City Council Meeting Page No. 210
The improvements installed with Tract 45586 were for the benefit of the new homes in Tract 45586. Because of this pre-existing condition, Lot 183 will have a zero assessment.
SECTION 4 DIAGRAM FOR THE ASSESSMENT DISTRICT
A reduced copy of the assessment diagram is attached as Exhibit "A.' Full size maps are available in the office of the City Engineer.
SECTION 5. ASSESSMENT
The fuel modified landscaping was developed and is maintained for the benefit and enjoyment of all the properties included within the assessment district boundaries, and all parcels benefit from the improvements. The amount to be assessed upon the assessable lands within the District for fiscal year 1996-97 was $45,445.00. Since it was anticipated that the areas would not be ready for acceptance by the City for maintenance until mid-fiscal year 1996-97, the assessment was reduced by one-half over that which is anticipated to maintain the area in the originally approved "Report." For fiscal years 1997-98 thru 2003-04 the assessment was to return to the amount necessary to maintain all of the proposed fuel modified areas for a full year. Since some of the areas to be maintained were not accepted by the City, the assessment remained for fiscal years 1997-98 thru 2002-03 at the 1996-97 level of one-half the full year's rate. All areas required to be maintained by the City were accepted by the City in iuly 2003. For fiscal year 2OO3-04 the budget was increased because of the increased cost to maintain the linear park and drainage structures with the levy at the maximum assessment set in 1995 ($249.70 per parcel). Surpluses from the previous years were applied to balance the budgets. ln fiscal year 2017118the budget increased in order to replace the controller's "celiular" cards. Previous surplus "reserves" were being used to balance the budget. ln fiscal years 2018119 and 2019120, the assessment remained at the 2003-04 level of $249.70 perparcel, with reserves used to balancethe budget. For fiscal year 2020t21 the budget will decrease allowing the assessment to remain at $24g.iO per parcel, with reserves again being used to balance the budget. Adequate fuel modification reserves will still remain in the district.
As required by said Act, a diagram is attached hereto showing the District and the boundaries and dimensions of the iespective parcels of land within said District as the same existed at the time of the adoption of the Resolution of lntention and the initiation of these proceedings, as each parcel has been given a separate number upon said Diagram.
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ENDITURE BUDGET
2020t21
IVIAINTENANCE ASSESSMENT DISTRICT
ACCOUNT NO.246-5209 MARSHALL CANYON DISTRICT 8
PERSONNEL SERVICES
REGULAR SALARIES AND WAGES PART TIME WAGES FRINGE BENEFIT COSTS ADMINISTRATION COSTS
TOTAL PERSONNEL SERVICE $ 7,217.OO
OPERATIONAL
32-00 OTHER PROFESSIONAL SERVICES $ 0.00 32-05 ARCHITECT/ENGINEERING SERVICES $ 2,500.00 43-05 CONTRACTUAL MAINT. SERVICE $ 38,500.00 . (FUEL MODlFlcATloN) $ 28,500.00 . ,I/2 LINEAR PARK $ 0.00 . DRAINAGEIMPROVEMENTS $ 10,000.00 54-05 LEGAL NOTICES AND PUBLICATIONS $ s00.00 62-51 ELECTRICITY UTILITY $ 700.00 62-52 CITY UTILITI ESAA/ATER, ETC. $ 5,000.00 64-00 MISC. MATERIALS & SUPPLIES $ 0.00 65-07 MATERIALS/NURSERY ITEMS $ 0.00 65-16 SPRINKLER/IRRIGATION SUPPLIES $ 0.00
OPERATIONAL TOTAL $ 47,200.00
FUND FOR TREE TRIMMING (5 YEAR) $0
COST CENTER TOTAL $54,417
CREDIT (FROM RESERVES) ($s,221.00)
TOTAL TO BE ASSESSED $45,196.00
2020/21 DtsTRtcT NO. 8 EQUAL PARCEL ASSESSMENT ({8',t PARCELS) $ 249.70
223 Monday, July 20, 2020, City Council Meeting Page No. 212
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224 Monday, July 20, 2020, City Council Meeting Page No. 213
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228 Monday, July 20, 2020, City Council Meeting Page No. 217
o CITY OF LA VERNE City Engineer
DATE: July 20,2020
Mayor and City Council
FROM Dominic C. Milano, CitY Engineer
SUBJEGT: MAINTENANCE DISTRICT 84-1 M (ESPERANZA SLOPES); PUBLIC HEARING: RESOLUTION PROVIDING FOR THE ANNUAL LEVY
AG SU
On June 15,2020, the City Council set July 20,2019 at 6:30 p'm' a9 the-!?!e and time foi the public heiring for the subiect assessment district. The 2020- i021 ,."".trent is proposed to remain at the same level since 1992'
REC lifl:N roN:
staff is recommending that the city council adopt Resolution No. 20-65, providing for the annuai levy for Fiscal Year 2020-2021'
KG OUND 15' 2o2o Attached is the Engineer,s Report and the Agenda report from the June meeting.
229 Monday, July 20, 2020, City Council Meeting Page No. 218
RESOLUTION NO,20-55
A RESOLUTION OF THE CITY COUNCIL, C]TY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CONFIRMING THE RAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT tN A SPECIAL MAINTENANCE DISTRICT (84-1M)
WHEREAS, this city council has initiated proceedings for the levy of the annual assessment for a special maintenance district created pursuant to the terms of the ,,Municipal lmprovement Act of 1913,',being Division 12 of the streets and Highways code of the state of california (the "Act"), in a special maintenance district known and designated as
CITY OF LA VERNE MAINTENANCE DISTRICT NO. 84-1M
(hereinafter referred to as the "District,") and
WHEREAS, this Council did on the 15th day of June, 2020 adopt a Resolution declaring its intention to order the maintenance of slopes and drainage devices in the city of La Verne for a period beginning July 1,2020, and ending June 30, 2021 , said maintenance services to be within the "District," and
WHEREAS, said Resolution did fix the time and place for a hearing of any and all protests in relation to said proposed maintenance: and
WHEREAS, all interested persons were given full opportunity to present their protests of objections; and
WHEREAS,evidencehasbeenreceivedastothemailing,publicationand postingofnoticeofsaidhearinginthetime,formandmannerrequiredbylaw;and
WHEREAS,atthistime,apublichearinghasbeenheldinthemannerandform and as required by the Act, and this city council is now satisfied with the assessment
230 Monday, July 20, 2020, City Council Meeting Page No. 219
diagram and all other matters as contained in the Engineer's "Report" as now submitted for final consideration and approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CIry COUNCIL OF THE CITY OF LA VERNE AS FOLLOWS
RECITALS
SECTION 1. That the above recitals are all true and correct.
PROTESTS
sEcTloN 2. That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied.
LEVEL OF BENEFIT
SECTION 3. That in order to maintain the level of benefit and that the level of benefit would otherwise decline more rapidly than usual, it is necessary to incur expenses more frequently than every five years.
RESERVE FUND
SIl N 4. That because these expenses may occur at irregular intervals and may be of varying amounts it is necessary to maintain a reserve fund'
ENGINEER'S REPORT ,,Report,', SEcTloN 5. That the final Engineer,s consisting of the final submitted assessment and diagram for thi proceedings, is hereby approved and confirmed.
ASSESSMENTS LEVIED
sEcTloN 6. That the assessments contained in said "Report" for the next of land in tiscat yeaiare hereby confirmed and levied upon the respective subdivisions the Di;trict in the amounts as set forth in said final "Report'"
ASSESSMENT DIAGRAM
sEcTloN 7. That the diagram and assessment shall be filed in the office of C1y Engineer. Said CitV ilerX, w1h a certified copy t6 be filed in the of the tne 'the .Office public Jiugi# and assessment, and certified copy thereof, shall be open to inspection.
2 Resolution No. 20-65
231 Monday, July 20, 2020, City Council Meeting Page No. 220
CITY CLERK
SECTION 8. That the Assistant city clerk is hereby ordered and directed to file a certified copy of the diagram and assessment with the County Auditor.
COUNTYAUDITOR
SEGTION 9. That after the filing of the diagram and assessment, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment.
ASSESSMENT COLLECTION
sEcTloN 10. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments.
ADOPTION CERTIFICATION
sEcTloN 11. That the Mayor shall sign and the Assistant city clerk shall shall certify t,o the passage and adoption of this Resolution and thereupon the same take effect and be in force.
PASSED, APPROVED AND ADOPTED this 20th day of July, 2020'
Tim Hepburn, MaYor
ATTEST:
Lupe Estrella, Assistant CitY Clerk
3 Resolution No. 20-65
232 Monday, July 20, 2020, City Council Meeting Page No. 221
CERTIFICATION
I hereby certify that the foregoing Resolution No. 20-65, was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 20"' day of July, 2O2O by lhe following vote:
AYES: NOES: ABSENT: ABSTAIN:
Lupe Gaeta Estrella, Assistant Ci$ Clerk
4 Resolution No. 20-65
233 Monday, July 20, 2020, City Council Meeting Page No. 222
3 tl o o CITY OF LA VERNE Apt)rovsd by ClSr Counell et tt3 titct itnu of City Engineer LLT€ 3oa DATE: June 15, 2020 Carlcr lrbsfui TO: Honorable Mayor and City Council
FROM: Dominic C. Milano, City Engineer
SUBJECT: Maintenance District No. 84-1M, Esperanza Road Slopes; Engineer's Report
SUMMARY
Attached for City Council review is the Engineer's Report for Maintenance District No. B4-1M. The report contains a reference to the existing plans and specifications for the area to be maintained, the estimated cost to maintain for the Fiscal Year July 1, 2020 to June 30, 2021, and the assessment diagram. lt is proposed that there will be no change in the levy from the previous twenty-seven years ($8.00 per parce D. Staff is recommending that City Council approve the Engineer's Report on a preliminary basis and set the Public Hearing for July 20, 2020. NOTE: Ma Carder wilt declare a conflict of interest and abstain from voting on this because she owns property within the boundaries of Maintenance District 8tl-1M.) c t'!I{Il staff is recommending that city council adopt Resolution No.20-46, approving the Engineer's Report, setting the public hearing for July 20' 2020.
IJND:
Maintenance District No. 84-1M was formed in 1986. The purpose of this District is to provide for the costs and expenses necessary for the maintenance of the slopes and storm drain facilities associated with the construction of Esperanza Road. Generally, in the past few years, a minimum of effort has been necessary for this maintenance. Unfortunately during the 1992, 1993, and 1995 winter storms, significant slides occurred. Thie majority of the cost to repair these slides was funded by Federal monies with the District funding the difference. The 2004/05 storms caused some slope damage in which repair work was also federally funded. Assessments since 1987 have varied from $3.98 to an assessment in 1992 0f $8.00. with the application of a credited surplus, the levy is proposed to remain at the 1992 assessment of $8.00 per Parcel.
234 Monday, July 20, 2020, City Council Meeting Page No. 223 2020-2021 84-1 M (180.53)
NO. APN 201912020
1 8678015008 $ 2 8678015010 $ 6.1 8678016002 $ 36.26 6.2 8678016004 $ 8.1 8678024019 $ 26.13 8.1A 8678024021 $ 8.00 8.1B 8678024022 $ 8.00 8.1C 8678024023 $ 8.00 8.1D 8678024024 $ 8.00 8.2 8678023034 $ 60.24 I 8678023001 $ 76.17 10 8678022015 $ 92.25 11 .1 8678022037 $ 11.2 8678022038 $ 12 8678022012 $ 52.26 13.1 8678022022 $ 8.00 13.2 8678022023 $ 8.00 13.3 8678022034 $ 8.00 13.4 8678022035 $ 8.00 15.1 8678027035 $ 252.15 18 8678019017 $ 8.00 19 8664043027 $ 8.00 22.3 8666004007 $ 36.26 22.4 8666004020 $ 43.71 23.01 8666063038 $ 8.00 23.02 8666063002 $ 8.00 23.03 8666063003 $ 8.00 23.04 8666063004 $ 8.00 23.05 8666063005 $ 8.00 23.06 8666063006 $ 8.00 23.07 8666063007 $ 8.00 23.08 8666063008 $ 8.00 23.09 8666063009 $ 8.00 23.10 8666063039 $ 8.00 23.11 8666063040 $ 8.00 23.12 8666063012 $ 8.00 23.13 8666063013 $ 8.00 23.14 8666063014 $ 8.00 23.15 8666063015 $ 8.00 23.16 8666063016 $ 8.00 23.17 8666063017 $ 8.00
CITY OF LA VERNE 6t9t2020 PAGE I ol 27
235 Monday, July 20, 2020, City Council Meeting Page No. 224
RESOLUTION NO.2046
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS 1 ANGELES, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE 2 FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2O2O-21 IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME 3 AND PLACE FOR PUBLIC HEARING THEREON (84-1M.} 4 WHEREAS, the City Council of the City La Verne, has previously formed a 5 of special maintenance district pursuant to the terms of the "Municipal lmprovement Act of 6 '1913," being Division 12 of the Streets and Highways Code of the State of California, 7 said special maintenance district known and designated as: 8 I CITY OF LA VERNE MAINTENANCE D]STRICT NO. 84-1M 10 (hereinafter referred to as the "Maintenance District"); and, 11 WHEREAS, at this time the City Council is desirous to take proceedings to 12 provide for the annual levy of assessments for the next ensuing fiscal year to provide for 13 the costs and expenses necessary to pay for the maintenance of the works of 14 improvement in said Maintenance District; and 15
16 WHEREAS, there has been presented and approved by this City Council the
17 Engineer's "Report" as required by law, and this City Council is desirous of continuing with the proceedings for said annual levy. 18
19 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS
20 RECITALS 21 SECTION '1. That the above recitals are all true and correct. 22 DECLARATION OF INTENTION 23 SECTION 2. That is the intention of this legislative body, to undertake 24 it proceedings for the annual levy and collection of assessments to pay the costs and 25 expenses for the maintenance of the works of improvement for the above referenced Maintenance District, said works of improvement generally described as follows: 26
27
28 236 29 Monday, July 20, 2020, City Council Meeting Page No. 225
Certain street improvements, including storm drain facilities, cut and fill slopes and appurtenant work in connection therewith, to serve and benefit properties 1 within the boundaries of this Maintenance District. 2 BOUNDARIES OF MAINTENANCE DISTRICT 3 SECTION 3. That said works of improvement are of direct benefit to the 4 properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area benefited by said works 5 of improvement, and for particulars, reference is made to the boundary map as 6 previously approved by this legislative body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this 7 Maintenance District.
8 REPORT OF ENGlNEER I SECTION 4. That the "Report" of the Engineer, as preliminarily approved by this 10 legislative body, is on file with the City Clerk, and open for public inspection. Reference is made to said "Report" for a full and detailed description of the existing works of 11 improvement, the boundaries of the Maintenance District and the proposed assessments upon assessable lots an parcels of land within the Maintenance District. 12 't3 PUBLIC HEARING
14 SECTION 5. NOTICE IS HEREBY GIVEN THAT ON THE 2oth DAY OF JULY, 2020, AT THE HOUR OF 6:30 P.M., lN THE REGULAR MEETING PLACE OF THE 15 CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CIry HALL, IS THE TIME AND PLACE FIXED BY THIS LEGISLATIVE BODY FOR HEARING PROTESTS OR 16 OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS AND TO 17 ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION, ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS OR THE ANNUAL LEVY SHOULD FILE 18 A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET FOR THE PUBLIC HEARING. 19 NOTICE 20 SECTION 6. That the Assistant City Clerk has given notice as required by law by (2) 21 causing a copy of this Resolution to be published two times in a, a newspaper of general circulation within said City; the first publication to be completed not less than 22 twenty (20) days prior to the date set for the public hearing.
23
24
25
26
27
28 Resolution No. 20-,46 237 29 Monday, July 20, 2020, City Council Meeting Page No. 226
PROCEEDINGS INQUIRIES
SECTION 7. For any and all information relating to these proceedings, including 1 information relating to protest procedure, your attention is directed to the person 2 designated below:
3 Dominic C. Milano, City Engineer 4 City of La Verne 3660 "D" Street 5 La Verne, California 91750 6 (909) 594-9702
7 PASSED, APPROVED AND ADOPTED this 15th day ofJune, 2020. I I /s/TlM HEPBURN
10 Tim Hepburn, Mayor
11 ATTEST:
12 /S/ LUPE GAETA ESTRELLLA 13
14 Lupe Gaeta Estrella, CMC, Assistant City Clerk
15 CERTIFICATION 16 Clerk of City of La Verne, DO HEREBY 17 l, Lupe Gaeta Estrella, Assistant City the CERTIFY that Resolution No. 20-46, was duly passed and adopted by the said City 18 Council at a regular meeting of the said Council held on the 15th day of June, 2020by the following vote: 19 AYES: Lau, Crosby, Davis, and Mayor Hepburn. 20 NOES: None. ABSENT: None. 21 ABSTAIN: Carder. /S' LUPE GAETA ESTRELLLA 22
23 Lupe Gaeta Estrella, CMC, Assistant City Clerk
24
25
26
27
28 Resolution No.2046 238 29 Monday, July 20, 2020, City Council Meeting Page No. 227 2020-2021 84-1 M (180.53)
NO. APN 2019t2020
23.18 8666063018 $ 8.00 23.19 8666063019 $ 8.00 23.20 8666063020 $ 8.00 23.21 8666063021 $ 8.00 23.22 8666063022 $ 8.00 23.23 8666063023 $ 8.00 23.24 8666063024 $ 8.00 23.25 8666063025 $ 8.00 23.26 8666063026 $ 8.00 23.27 8666063027 $ 8.00 23.28 8666063028 $ 8.00 23.29 8666063029 $ 8.00 23.30 8666063030 $ 8.00 23.31 8666063031 $ 8.00 23.32 8666063032 $ 8.00 23.33 8666063033 $ 8.00 25 8666005041 $ 44.28 26 8666005017 $ 27.01 866606500'l $ 8.00 27.02 8666065002 $ 8.00 27.03 8666065003 $ 8.00 27.04 8666065004 $ 8.00 27.05 8666065005 $ 8.00 27.06 8666065006 $ 8.00 27.07 8666065007 $ 8.00 27.08 8666065008 $ 8.00 27.09 8666065009 $ 8.00 27.10 8666065010 $ 8.00 28 8664020068 $ 8.00 29 8664020016 $ 8.00 30 8664020017 $ 8.00 31 8664020018 $ 8.00 32 8664020019 $ 8.00 33 8664020020 $ 8.00 34 8664020021 $ 8.00 35 8664020022 $ 8.00 36 8664020023 $ 8.00 37 8664020024 $ 8.00 38 8664020025 $ 8.00 39 8664020026 $ 8.00 40 8664020027 $ 8.00
CIry OF LAVERNE 6t9t2020 PAGE2 of 27
239 Monday, July 20, 2020, City Council Meeting Page No. 228 2020-2021 84-1M (180.53)
NO. APN 201912020
41 8664020028 $ 8.00 42 8664020029 $ 8.00 43 8664020030 $ 8.00 44 8664020031 $ 8.00 45 8664020032 $ 8.00 46 8664020033 $ 8.00 47 8664020034 $ 8.00 48 8664020035 $ 8.00 49 8664020036 $ 8.00 50 8664020037 $ 8.00 51 8664020038 $ 8.00 52 8664020039 $ 8.00 53 8664020040 $ 8.00 54 8664020041 $ 8.00 55 8664020042 $ 8.00 56 8664020043 $ 8.00 57 8664020044 $ 8.00 58 8664020045 $ 8.00 59 8664044001 $ 8.00 60 8664044002 $ 8.00 61 8664044003 $ 8.00 62 8664044004 $ 8.00 63 8664044005 $ 8.00 64 8664044006 $ 8.00 65 8664044007 $ 8.00 66 8664044008 $ 8.00 67 8664044009 $ 8.00 68 8664044010 $ 8.00 69 8664044011 $ 8.00 70 8664044012 $ 8.00 71 8664044013 $ 8.00 72 8664044014 $ 8.00 73 8664044015 $ 8.00 74 86640440'16 $ 8.00 75 8664044017 $ 8.00 76 8664044018 $ 8.00 77 8664044019 $ 8.00 78 8664044020 $ 8.00 79 8664044021 $ 8.00 80 8664044022 $ 8.00 81 8664044023 $ 8.00
CITY OF LAVERNE 619t2020 PAGE 3 of 27
240 Monday, July 20, 2020, City Council Meeting Page No. 229 2020-2021 84-1 M (1 80.53)
NO APN 201912020
82 8664044024 $ 8.00 83 8664044025 $ 8.00 84 8664044026 $ 8.00 85 8664044027 $ 8.00 86 8664044028 $ 8.00 87 8664044029 $ 8.00 88 8664044030 $ 8.00 89 8664044031 $ 8.00 90 8664044032 $ 8.00 91 8664044033 $ 8.00 92 8664044034 $ 8.00 93 8664045001 $ 8.00 94 8664045002 $ 8.00 95 8664045003 $ 8.00 96 8664045004 $ 8.00 97 8664045005 $ 8.00 98 8664045006 $ 8.00 99 8664045007 $ 8.00 100 8664045008 $ 8.00 101 8664045009 $ 8.00 102 8664045010 $ 8.00 103 8664045012 $ 8.00 104 8664045013 $ 8.00 105 8664045014 $ 8.00 106 8664045015 $ 8.00 107 8664045016 $ 8.00 108 8664045017 $ 8.00 109 8664045018 $ 8.00 110 866404501e $ 8.00 111 8664045020 $ 8.00 112 8664045021 $ 8.00 113 8664045022 $ 8.00 114 8664045023 $ 8.00 115 8664045024 $ 8.00 116 8664045025 $ 8.00 117 8664045026 $ 8.00 118 8664045027 $ 8.00 119 8664045028 $ 8.00 120 8664045029 $ 8.00 121 8664045030 $ 8.00 122 8664045031 $ 8.00
CITY OF LA VERNE 6t9t2020 PAGE4 ot27
241 Monday, July 20, 2020, City Council Meeting Page No. 230 2020-2021 84-1 M (1 80.53)
NO. APN 201912020
123 8664045032 $ 8.00 124 8664046001 $ 8.00 125 8664046002 $ 8.00 126 8664046003 $ 8.00 127 8664046004 $ 8.00 128 8664046005 $ 8.00 129 8664046006 $ 8.00 130 8664046007 $ 8.00 131 8664046008 $ 8.00 132 8664046009 $ 8.00 133 8664046010 $ 8.00 134 8664046011 $ 8.00 135 8664046012 $ 8.00 136 8664046013 $ 8.00 137 8664046014 $ 8.00 138 8664046015 $ 8.00 139 8664046016 $ 8.00 140 8664046017 $ 8.00 141 8664046018 $ 8.00 142 8664046019 $ 8.00 143 8664046020 $ 8.00 144 8664046021 $ 8.00 145 8664046022 $ 8.00 146 8664046023 $ 8.00 147 8664046024 $ 8.00 148 8664046025 $ 8.00 149 8664046026 $ 8.00 150 8664046027 $ 8.00 151 8664046028 $ 8.00 152 8664046029 $ 8.00 153 8664046030 $ 8.00 154 8664046031 $ 8.00 '155 8664046032 $ 8.00 156 8664046033 $ 8.00 157 8664046034 $ 8.00 158 8664046035 $ 8.00 159 8664046036 $ 8.00 160 8664046037 $ 8.00 161 8664046038 $ 8.00 162 8664046039 $ 8.00 163 8664046040 $ 8.00
CITY OF LA VERNE 6t9t2020 PAGE5ot27
242 Monday, July 20, 2020, City Council Meeting Page No. 231 2020-2021 84-1M (180.53)
NO. APN 201912020
164 8664046041 $ 8.00 165 8664046042 $ 8.00 166 8664046043 $ 8.00 167 8664021016 $ 8.00 168 8664021017 $ 8.00 169 8664021018 $ 8.00 170 8664021019 $ 8.00 171 8664021020 $ 8.00 172 8664021021 $ 8.00 173 8664021022 $ 8.00 174 8664021023 $ 8.00 175 8664021024 $ 8.00 176 8664021025 $ 8.00 177 8664047001 $ 8.00 178 8664047002 $ 8.00 179 8664047003 $ 8.00 180 8664047004 $ 8.00 181 8664047005 $ 8.00 182 8664047006 $ 8.00 't83 8664047007 $ 8.00 184 8664047008 $ 8.00 185 8664047009 $ 8.00 186 8664047010 $ 8.00 187 8664047011 $ 8.00 188 8664047012 $ 8.00 189 8664047013 $ 8.00 190 8664047014 $ 8.00 191 8664047015 $ 8.00 192 8664047016 $ 8.00 193 8664047017 $ 8.00 194 8664047018 $ 8.00 '195 8664047019 $ 8.00 196 8664047020 $ 8.00 197 8664047021 $ 8.00 198 8664047022 $ 8.00 199 8664047023 $ 8.00 200 8664047024 $ 8.00 201 8664047025 $ 8.00 202 8664047026 $ 8.00 203 8664047027 $ 8.00 204 8664047028 $ 8.00
CITY OF LA VERNE 61912020 PAGE 6 of 27
243 Monday, July 20, 2020, City Council Meeting Page No. 232 2020-2021 84-1M (180.53)
NO. APN 201912020
205 8664047029 $ 8.00 206 8664047030 $ 8.00 207 8664047031 $ 8.00 208 8664047032 $ 8.00 209 8664047033 $ 8.00 210 8664047034 $ 8.00 211 8664047035 $ 8.00 212 8664047036 $ 8.00 213 8664047037 $ 8.00 214 8664047038 $ 8.00 215 8664047039 $ 8.00 216 8664047040 $ 8.00 217 8664047041 $ 8.00 218 8664047042 $ 8.00 219 8664047043 $ 8.00 220 8664047044 $ 8.00 221 8664047045 $ 8.00 222 8664047046 $ 8.00 223 8664047047 $ 8.00 224 8664047048 $ 8.00 225 8664047049 $ 8.00 226 8664047050 $ 8.00 227 8664047051 $ 8.00 228 8664047052 $ 8.00 229 8664047053 $ 8.00 230 8664047054 $ 8.00 231 8664047055 $ 8.00 232 8664047056 $ 8.00 233 8664047057 $ 8.00 234 8664047058 $ 8.00 235 8664047059 $ 8.00 236 8664047060 $ 8.00 237 8664047061 $ 8.00 238 8664047062 $ 8.00 239 8664047063 $ 8.00 240 8664047064 $ 8.00 241 8664047065 $ 8.00 242 8664047066 $ 8.00 243 8664047067 $ 8.00 244 8664047068 $ 8.00 245 8664047069 $ 8.00
CIry OF LAVERNE 61912020 PAGET ol 27
244 Monday, July 20, 2020, City Council Meeting Page No. 233 2020-2021 84-1M (180.s3)
NO. APN 2019t2020
246 8664047070 $ 8.00 247 8664047071 $ 8.00 248 8664047072 $ 8.00 249 8664047073 $ 8.00 250 8664047074 $ 8.00 251 8664047075 $ 8.00 252 8664047076 $ 8.00 253 8664047077 $ 8.00 254 8664047078 $ 8.00 255 8664047079 $ 8.00 256 8664021026 $ 8.00 257 8664021027 $ 8.00 258 8664021028 $ 8.00 259 8664021029 $ 8.00 260 8664021030 $ 8.00 261 8664021031 $ 8.00 262 8664021032 $ 8.00 263 8664021033 $ 8.00 264 8664021034 $ 8.00 265 8664021035 $ 8.00 266 8664021036 $ 8.00 267 8664021037 $ 8.00 268 8664021038 $ 8.00 269 8664021039 $ 8.00 270 8664020046 $ 8.00 271 8664020047 $ 8.00 272 8664020048 $ 8.00 273 8664020049 $ 8.00 274 8664020050 $ 8.00 275 8664020051 $ 8.00 276 8664020052 $ 8.00 277 8664020053 $ 8.00 278 8664020054 $ 8.00 279 8664020055 $ 8.00 280 8664020066 $ 8.00 281 8664020067 $ 8.00 282 8664020058 $ 8.00 283 8664020059 $ 8.00 284 8664020060 $ 8.00 285 8664020061 $ 8.00 286 8664020062 $ 8.00
CITY OF LA VERNE 61912020 PAGE 8 of 27
245 Monday, July 20, 2020, City Council Meeting Page No. 234 2020-2021 84-1 M (180.53)
NO. APN 201912020
287 8664020063 $ 8.00 288 8664020064 $ 8.00 289 8664020065 $ 8.00 290 8664039002 $ 8.00 291 8664039003 $ 8.00 292 8664039004 $ 8.00 293 8664039005 $ 8.00 294 8664039006 $ 8.00 295 8664039007 $ 8.00 296 8664039008 $ 8.00 297 8664039009 $ 8.00 298 8664039010 $ 8.00 299 8678063001 $ 8.00 300 8678063002 $ 8.00 301 8678063003 $ 8.00 302 8678063004 $ 8.00 303 8678063005 $ 8.00 304 8678063006 $ 8.00 305 8678063007 $ 8.00 306 8678063008 $ 8.00 307 8678063009 $ 8.00 308 8678063010 $ 8.00 309 8678063011 $ 8.00 310 8678063012 $ 8.00 311 8678063013 $ 8.00 312 8678063014 $ 8.00 313 8678063015 $ 8.00 314 8678063016 $ 8.00 315 8678063017 $ 8.00 316 8678063018 $ 8.00 317 8678063019 $ 8.00 318 8678063020 $ 8.00 319 8678063021 $ 8.00 320 8678063022 $ 8.00 321 8678063023 $ 8.00 322 8678063024 $ 8.00 323 8678063025 $ 8.00 324 8678063026 $ 8.00 325 8678063027 $ 8.00 326 8678063028 $ 8.00 327 8678063029 $ 8.00
CITY OF LA VERNE 6t9t2020 PAGE I of 27
246 Monday, July 20, 2020, City Council Meeting Page No. 235 2020-2021 84-1 M (1 80.53)
NO. APN 2019t2020
328 8678063030 $ 8.00 329 8678063031 $ 8.00 330 8678063032 $ 8.00 331 8678063033 $ 8.00 332 8678063034 $ 8.00 333 8678062001 $ 8.00 334 8678062002 $ 8.00 335 8678062003 $ 8.00 336 8678062004 $ 8.00 337 8678062005 $ 8.00 338 8678062006 $ 8.00 339 8678062007 $ 8.00 340 8678062008 $ 8.00 341 8678062009 $ 8.00 342 8678062010 $ 8.00 343 8678062011 $ 8.00 344 8678062012 $ 8.00 345 8678062024 $ 8.00 346 8678062014 $ 8.00 347 8678062015 $ 8.00 348 8678062016 $ 8.00 349 8678062017 $ 8.00 350 8678062018 $ 8.00 351 8678062019 $ 8.00 352 8678062020 $ 8.00 353 86660s3001 $ 8.00 354 8666053002 $ 8.00 355 8666053003 $ 8.00 356 8666053004 $ 8.00 357 8666053005 $ 8.00 358 8666053006 $ 8.00 359 8666053007 $ 8.00 360 8666053008 $ 8.00 361 8666053009 $ 8.00 362 8666053010 $ 8.00 363 8666053011 $ 8.00 364 8666053012 $ 8.00 365 8666053013 $ 8.00 366 8666053014 $ 8.00 367 8666053015 $ 8.00 368 8666053016 $ 8.00
CITY OF LA VERNE 619t2020 PAGE 10 of 27
247 Monday, July 20, 2020, City Council Meeting Page No. 236 2020-2021 84-1 M (180.53)
NO APN 2019t2020
369 8666053017 $ 8.00 370 8666053018 $ 8.00 371 8666053019 $ 8.00 372 8666053020 $ 8.00 373 8666053021 $ 8.00 374 8666053022 $ 8.00 375 8666053023 $ 8.00 376 8666053024 $ 8.00 377 866605302s $ 8.00 378 8666053026 $ 8.00 379 8666053027 $ 8.00 380 8666053028 $ 8.00 381 8666053029 $ 8.00 382 8666053030 $ 8.00 383 8666053031 $ 8.00 384 8666053032 $ 8.00 385 8666053033 $ 8.00 386 8666053034 $ 8.00 387 8666053035 $ 8.00 388 8666053036 $ 8.00 389 8666053037 $ 8.00 390 8666053038 $ 8.00 391 8666053039 $ 8.00 392 8666053040 $ 8.00 393 8666053041 $ 8.00 394 8666053042 $ 8.00 395 8666053043 $ 8.00 396 8666053044 $ 8.00 397 8666053045 $ 8.00 398 8666053046 $ 8.00 399 8666053047 $ 8.00 400 8666053048 $ 8.00 401 8666053049 $ 8.00 402 8666053050 $ 8.00 403 8666053051 $ 8.00 404 8666053052 $ 8.00 405 8666053053 $ 8.00 406 8666053054 $ 8.00 407 8666053055 $ 8.00 408 8666053056 $ 8.00 409 8666053057 $ 8.00
CITY OF LA VERNE 6t9t2020 PAGE 11 of27
248 Monday, July 20, 2020, City Council Meeting Page No. 237 2020-2021 84-1 M (1 80.53)
NO. APN 2019t2020
410 8666053058 $ 8.00 411 8666053059 $ 8.00 412 8666053060 $ 8.00 413 8666053061 $ 8.00 414 8666054001 $ 8.00 415 8666054002 $ 8.00 416 8666054003 $ 8.00 417 8666054004 $ 8.00 418 8666054039 $ 8.00 419 8666054006 $ 8.00 420 8666054007 $ 8.00 421 8666054008 $ 8.00 422 8666054009 $ 8.00 423 8666054010 $ 8.00 424 8666054011 $ 8.00 425 8666054012 $ 8.00 426 8666054013 $ 8.00 427 8666054014 $ 8.00 428 86660540'15 $ 8.00 429 8666054016 $ 8.00 430 8666054017 $ 8.00 431 8666054018 $ 8.00 432 8666054019 $ 8.00 433 8666054020 $ 8.00 434 8666054021 $ 8.00 435 8666054022 $ 8.00 436 8666054023 $ 8.00 437 8666054024 $ 8.00 438 8666054025 $ 8.00 439 8666054026 $ 8.00 440 8666054027 $ 8.00 441 8666054028 $ 8.00 442 8666055001 $ 8.00 443 8666055002 $ 8.00 444 8666055003 $ 8.00 445 8666055004 $ 8.00 446 8666055005 $ 8.00 447 8666055006 $ 8.00 448 8666055007 $ 8.00 449 8666055008 $ 450 8666055009 $ 8.00
CITY OF LA VERNE 6t912020 PAGE 12 of 27 249 Monday, July 20, 2020, City Council Meeting Page No. 238 2020-2021 84-1M (180.53)
NO. APN 201912020
451 8666055010 $ 8.00 452 8666055011 $ 8.00 453 8666055012 $ 8.00 454 8666055013 $ 8.00 455 8666055014 $ 8.00 456 8666055015 $ 8.00 457 8666055016 $ 8.00 458 8666055017 $ 8.00 459 8666055018 $ 8.00 460 8666055019 $ 8.00 461 86660s5020 $ 8.00 462 8666055021 $ 8.00 463 8666055022 $ 8.00 464 8666055023 $ 8.00 465 8666055024 $ 8.00 466 8666055025 $ 8.00 467 8666055026 $ 8.00 468 8666055027 $ 8.00 469 8666055028 $ 8.00 470 8666055033 $ 8.00 471 8666055034 $ 8.00 472 8666055035 $ 8.00 473 8666055036 $ 8.00 474 8666055037 $ 8.00 475 8666055038 $ 8.00 476 8666055039 $ 8.00 477 8666055040 $ 8.00 478 8666055041 $ 8.00 479 8666055042 $ 8.00 480 8666055043 $ 8.00 481 8666055044 $ 8.00 482 8666055045 $ 8.00 483 8666056001 $ 8.00 484 8666056002 $ 8.00 485 8666056003 $ 8.00 486 8666056004 $ 8.00 487 8666056005 $ 8.00 488 8666056006 $ 8.00 489 8666056007 $ 8.00 490 8666056008 $ 8.00 491 8666056009 $ 8.00
CITY OF LA VERNE 6t9t2020 PAGE 13 ot 27 250 Monday, July 20, 2020, City Council Meeting Page No. 239 2020-2021 84-1 M (180.53)
NO. APN 201912020
492 8666056010 $ 8.00 493 8666056011 $ 8.00 494 8666056012 $ 8.00 495 8666056013 $ 8.00 496 8666056014 $ 8.00 497 8666056015 $ 8.00 498 8666056016 $ 8.00 499 8666056017 $ 8.00 500 8666056018 $ 8.00 501 8666056019 $ 8.00 502 8666056020 $ 8.00 503 8666056021 $ 8.00 504 8666056022 $ 8.00 505 8666056023 $ 8.00 506 8666056024 $ 8.00 507 8666056025 $ 8.00 508 8666056026 $ 8.00 509 8666057068 $ 8.00 510 8666057065 $ 8.00 511 8666057006 $ 8.00 512 8666057007 $ 8.00 513 8666057063 $ 8.00 514 8666057064 $ 8.00 515 8666057010 $ 8.00 516 8666057069 $ 8.00 517 8666057070 $ 8.00 518 8666057015 $ 8.00 519 8666057016 $ 8.00 520 8666057071 $ 8.00 521 8666057072 $ 8.00 522 8666057021 $ 8.00 523 8666057022 $ 8.00 524 8666057023 $ 8.00 525 8666057024 $ 8.00 526 8666057025 $ 8.00 527 8666057026 $ 8.00 528 8666057027 $ 8.00 529 8666057028 $ 8.00 530 8666057029 $ 8.00 531 8666057030 $ 8.00 532 8666057031 $ 8.00
CIry OF LAVERNE 6t9t2020 PAGE 14 o't 27
251 Monday, July 20, 2020, City Council Meeting Page No. 240 2020-2021 84-1 M (180.s3)
NO. APN 2019t2020
533 8666057032 $ 8.00 534 8666057033 $ 8.00 535 8666057034 $ 8.00 536 8666057035 $ 8.00 537 86660s7036 $ 8.00 538 8666057037 $ 8.00 539 8666057038 $ 8.00 540 8666057039 $ 8.00 541 8666057040 $ 8.00 542 8666057041 $ 8.00 543 8666057042 $ 8.00 544 8666057043 $ 8.00 545 8666057044 $ 8.00 546 8666057045 $ 8.00 547 8666057046 $ 8.00 548 8666057047 $ 8.00 549 8666057048 $ 8.00 550 8666057049 $ 8.00 551 8666057050 $ 8.00 552 8678064001 $ 8.00 553 8678064002 $ 8.00 554 8678064003 $ 8.00 555 8678064142 $ 8.00 556 8678064105 $ 8.00 557 8678064143 $ 8.00 558 8678064144 $ 8.00 559 8678064008 $ 8.00 560 8678064145 $ 8.00 561 8678064010 $ 8.00 562 8678064153 $ 8.00 563 8678064013 $ 8.00 564 8678064014 $ 8.00 565 8678064015 $ 8.00 566 8678064016 $ 8.00 567 8678064017 $ 8.00 568 8678064018 $ 8.00 569 8678064019 $ 8.00 570 8678064020 $ 8.00 571 8678064021 $ 8.00 572 8678064022 $ 8.00 573 8678064023 $ 8.00
CITY OF LA VERNE 6t9t2020 PAGE 15 of 27
252 Monday, July 20, 2020, City Council Meeting Page No. 241 2020-2021 84-1M (180.53)
NO. APN 201912020
574 8678064024 $ 8.00 575 8678064025 $ 8.00 576 8678064026 $ 8.00 577 8678064027 $ 8.00 578 8678064028 $ 8.00 579 8678064029 $ 8.00 580 8678064030 $ 8.00 581 8678064031 $ 8.00 582 8678064032 $ 8.00 583 8678064152 $ 8.00 584 8678064036 $ 8.00 585 8678064037 $ 8.00 586 8678064038 $ 8.00 587 8678064039 $ 8.00 588 8678064040 $ 8.00 589 8678064041 $ 8.00 590 8678064140 $ 8.00 591 8678064141 $ 8.00 592 8678064150 $ 8.00 593 8678064131 $ 8.00 594 8678064151 $ 8.00 595 8678064146 $ 8.00 596 8678064147 $ 8.00 597 8678064134 $ 8.00 598 8678064135 $ 8.00 599 8678064148 $ 8.00 600 8678064'149 $ 8.00 601 8678064061 $ 8.00 602 8678064062 $ 8.00 603 8678064063 $ 8.00 604 8678064064 $ 8.00 605 8678064065 $ 8.00 606 8678064066 $ 8.00 607 8678064067 $ 8.00 608 8678064068 $ 8.00 609 8678064069 $ 8.00 610 8678064070 $ 8.00 611 8678064071 $ 8.00 612 8678064072 $ 8.00 613 8678064073 $ 8.00 614 8678064074 $ 8.00
CIry OF LAVERNE 619t2020 PAGE 16 of 27
253 Monday, July 20, 2020, City Council Meeting Page No. 242 2020-2021 84-1M (180.53)
NO. APN 201912020
615 8678064075 $ 8.00 616 8678064076 $ 8.00 617 8678064077 $ 8.00 618 8678064078 $ 8.00 619 8678064079 $ 8.00 620 8678064080 $ 8.00 621 8678064081 $ 8.00 622 8678064082 $ 8.00 623 8678064083 $ 8.00 624 8678064084 $ 8.00 625 8666025017 $ 8.00 626 8666025018 $ 8.00 627 8666025019 $ 8.00 628 8666025031 $ 8.00 629 8666025025 $ 8.00 630 8666025026 $ 8.00 631 8666025027 $ 8.00 632 8666025028 $ 8.00 633 8666025029 $ 8.00 634 8666025030 $ 8.00 635 8666059001 $ 8.00 636 8666059002 $ 8.00 637 8666059003 $ 8.00 638 8666060001 $ 8.00 639 8666060002 $ 8.00 640 8666060003 $ 8.00 641 8666060004 $ 8.00 642 8666060005 $ 8.00 643 8666060006 $ 8.00 644 8666060007 $ 8.00 645 8666060008 $ 8.00 646 8666060009 $ 8.00 647 8666060054 $ 8.00 648 8666060049 $ 8.00 649 8666060012 $ 8.00 650 8666060013 $ 8.00 651 8666060014 $ 8.00 652 8666060015 $ 8.00 653 8666060016 $ 8.00 654 8666060017 $ 8.00 655 8666060018 $ 8.00
CITY OF LAVERNE 6t9t2020 PAGE 17 ot 27
254 Monday, July 20, 2020, City Council Meeting Page No. 243 2020-2021 84-1M (180.53)
NO. APN 201912020
656 8666060019 $ 8.00 657 8666060020 $ 8.00 658 8666060021 $ 8.00 659 8666060022 $ 8.00 660 8666060024 $ 8.00 661 8666060025 $ 8.00 662 8666060026 $ 8.00 663 8666060027 $ 8.00 664 8666060028 $ 8.00 665 8666060029 $ 8.00 666 8666060030 $ 8.00 667 8666060031 $ 8.00 668 8666060032 $ 8.00 669 8666060033 $ 8.00 670 8666060034 $ 8.00 671 8666060035 $ 8.00 672 8666060036 $ 8.00 673 8666060037 $ 8.00 674 8666060038 $ 8.00 675 8666060039 $ 8.00 676 8666060040 $ 8.00 677 8666060041 $ 8.00 678 8666060042 $ 8.00 679 8666060055 $ 8.00 680 8666061001 $ 8.00 681 8666061002 $ 8.00 682 8666061003 $ 8.00 683 8666061004 $ 8.00 684 8666061005 $ 8.00 685 8666061006 $ 8.00 686 8666061059 $ 8.00 687 8666061060 $ 8.00 688 8666061061 $ 8.00 689 8666061062 $ 8.00 690 8666061063 $ 8.00 691 8666061012 $ 8.00 692 8666061013 $ 8.00 693 8666061014 $ 8.00 694 8666061015 $ 8.00 695 8666061069 $ 8.00 696 8666061070 $ 8.00
CITY OF LA VERNE 619t2020 PAGE 18 of 27 255 Monday, July 20, 2020, City Council Meeting Page No. 244 2020-2021 84-1 M (1 80.53)
NO. APN 2019t2020
697 8666061071 $ 8.00 698 8666061072 $ 8.00 699 8666061073 $ 8.00 700 8666061021 $ 8.00 701 8666061022 $ 8.00 702 8666061023 $ 8.00 703 8666061024 $ 8.00 704 8666061025 $ 8.00 705 8666061026 $ 8.00 706 8666061027 $ 8.00 707 8666061078 $ 8.00 708 8666061030 $ 8.00 709 8666061031 $ 8.00 710 8666061032 $ 8.00 711 8666061033 $ 8.00 712 8666061034 $ 8.00 713 8666061077 $ 8.00 714 8666061036 $ 8.00 715 866606'1037 $ 8.00 716 8666061038 $ 8.00 717 8666061039 $ 8.00 718 8666061064 $ 8.00 719 8666061065 $ 8.00 720 8666061066 $ 8.00 721 8666061067 $ 8.00 722 8666061068 $ 8.00 723 8666061045 $ 8.00 724 8666061046 $ 8.00 725 8666061047 $ 8.00 726 8666061048 $ 8.00 727 8666061049 $ 8.00 728 8666061051 $ 8.00 729 8666061052 $ 8.00 730 8666061053 $ 8.00 731 8666062001 $ 8.00 732 8666062002 $ 8.00 733 8666062003 $ 8.00 734 8666062004 $ 8.00 735 8666062005 $ 8.00 736 8666062006 $ 8.00 737 8666062007 $
CIry OF LAVERNE 6t9t2020 PAGE 19 of 27 256 Monday, July 20, 2020, City Council Meeting Page No. 245 2020-2021 84-1 M (1 80.53)
NO. APN 2019t2020
738 8666062009 $ 8.00 739 8666062040 $ 8.00 740 8666062041 $ 8.00 741 8666062042 $ 8.00 742 8666062013 $ 8.00 743 8666062014 $ 8.00 744 8666062015 $ 8.00 745 8666062016 $ 8.00 746 8666062017 $ 8.00 747 8666062018 $ 8.00 748 8666062019 $ 8.00 749 8666062020 $ 8.00 750 8666062021 $ 8.00 751 8666062022 $ 8.00 752 8666062023 $ 8.00 753 8666062024 $ 8.00 754 8666062025 $ 8.00 755 8666062026 $ 8.00 756 8666062027 $ 8.00 757 8666062028 $ 8.00 758 8666062029 $ 8.00 759 8666062030 $ 8.00 760 8666062031 $ 8.00 761 8666062032 $ 8.00 762 8666062033 $ 8.00 763 8666062043 $ 8.00 764 8666062044 $ 8.00 765 8678065001 $ 8.00 766 8678065002 $ 8.00 767 8678065023 $ 8.00 768 8678065024 $ 8.00 769 8678065005 $ 8.00 770 8678065006 $ 8.00 771 8678065007 $ 8.00 772 8678065008 $ 8.00 773 8678065009 $ 8.00 774 8678065010 $ 8.00 775 8678065011 $ 8.00 776 8678065012 $ 8.00 777 8678065013 $ 8.00 778 8678065014 $ 8.00
CITYOF LAVERNE 6t9t2020 PAGE20 of 27 257 Monday, July 20, 2020, City Council Meeting Page No. 246 2020-2021 84-1M (180.53)
NO. APN 2019t2020
779 8678065015 $ 8.00 780 8678065016 $ 8.00 781 8678065017 $ 8.00 782 8678065018 $ 8.00 783 8678065019 $ 8.00 784 8678065020 $ 8.00 785 8678065021 $ 8.00 786 8678066001 $ 8.00 787 8678066002 $ 8.00 788 8678066003 $ 8.00 789 8678066004 $ 8.00 790 8678066005 $ 8.00 791 8678066006 $ 8.00 792 8678066007 $ 8.00 793 8678066008 $ 8.00 794 8678066009 $ 8.00 795 8678066027 $ 8.00 796 8678066026 $ 8.00 797 8678066012 $ 8.00 798 8678066013 $ 8.00 799 8678066014 $ 8.00 800 8678066015 $ 8.00 801 8678066028 $ 8.00 802 8678066017 $ 8.00 803 8678066018 $ 8.00 804 8678068030 $ 8.00 805 8678068002 $ 8.00 806 8678068003 $ 8.00 807 8678068004 $ 8.00 808 8678068031 $ 8.00 809 8678068006 $ 8.00 810 8678068007 $ 8.00 811 8678068008 $ 8.00 812 8678068009 $ 8.00 813 8678068010 $ 8.00 814 8678068011 $ 8.00 815 8678068032 $ 8.00 816 8678068033 $ 8.00 817 8678068014 $ 8.00 818 8678068015 $ 8.00 819 8678068016 $ 8.00
CITY OF LA VERNE 6t912020 PAGE21 ot27
258 Monday, July 20, 2020, City Council Meeting Page No. 247 2020-2021 84-1 M (180.53)
NO APN 201912020
820 8678068017 $ 8.00 821 8678068018 $ 8.00 822 8678068019 $ 8.00 823 8678068020 $ 8.00 824 8678068021 $ 8.00 825 8678068034 $ 8.00 826 8678069001 $ 8.00 827 8678069002 $ 8.00 828 8678069064 $ 8.00 829 8678069004 $ 8.00 830 8678069005 $ 8.00 831 8678069006 $ 8.00 832 8678069007 $ 8.00 833 8678069008 $ 8.00 834 8678069009 $ 8.00 835 8678069010 $ 8.00 836 867806901 1 $ 8.00 837 8678069012 $ 8.00 838 8678069013 $ 8.00 839 8678069014 $ 8.00 840 8678069065 $ 8.00 841 8678069016 $ 8.00 842 8678069017 $ 8.00 843 8678069066 $ 8.00 844 8678069067 $ 8.00 845 8678069020 $ 8.00 846 8678069021 $ 8.00 847 8678069022 $ 8.00 848 8678069023 $ 8.00 849 8678069024 $ 8.00 850 8678069068 $ 8.00 851 8678069026 $ 8.00 852 8678069027 $ 8.00 853 8678069028 $ 8.00 854 8678069029 $ 8.00 855 8678069030 $ 8.00 856 8678069031 $ 8.00 857 8678069032 $ 8.00 8s8 8678069079 $ 8.00 859 8678069080 $ 8.00 860 8678069081 $ 8.00
CITY OF LA VERNE 6t9t2020 PAGE 22 of 27
259 Monday, July 20, 2020, City Council Meeting Page No. 248 2020-2021 84-1 M (180.53)
NO. APN 2019t2020
861 8678069082 $ 8.00 862 8678069083 $ 8.00 863 8678069073 $ 8.00 864 8678069039 $ 8.00 865 8678069040 $ 8.00 866 8678069041 $ 8.00 867 8678069042 $ 8.00 868 8678069043 $ 8.00 869 8678069044 $ 8.00 870 8678069069 $ 8.00 871 8678070001 $ 8.00 872 8678070002 $ 8.00 873 8678070003 $ 8.00 874 8678070004 $ 8.00 875 8678070005 $ 8,00 876 8678070006 $ 8.00 877 8678070007 $ 8.00 878 8678070048 $ 8.00 879 8678070009 $ 8.00 880 8678070010 $ 8.00 881 8678070011 $ 8.00 882 8678070012 $ 8.00 883 8678070013 $ 8.00 884 8678070014 $ 8.00 885 8678070046 $ 8.00 886 8678070016 $ 8.00 887 8678070017 $ 8.00 888 8678070018 $ 8.00 889 8678070019 $ 8.00 890 8678070020 $ 8.00 891 8678070021 $ 8.00 892 8678070022 $ 8.00 893 8678070049 $ 8.00 894 8678070024 $ 8.00 895 8678070025 $ 8.00 896 8678070026 $ 8.00 897 8678070027 $ 8.00 898 8678070028 $ 8.00 899 8678070050 $ 8.00 900 8678070030 $ 8.00 901 8678070031 $ 8.00
CIry OF LAVERNE 6t9t2020 PAGE23of 27 260 Monday, July 20, 2020, City Council Meeting Page No. 249 2020-2021 84-1 M (180.53)
NO APN 201912020
902 8678070032 $ 8.00 903 8678070033 $ 8.00 904 8678070051 $ 8.00 905 8678070052 $ 8.00 906 8678071043 $ 8.00 907 8678071002 $ 8.00 908 8678071003 $ 8.00 909 8678071004 $ 8.00 910 8678071005 $ 8.00 911 8678071006 $ 8.00 912 8678071007 $ 8.00 913 8678071044 $ 8.00 914 8678071045 $ 8.00 915 8678071010 $ 8.00 916 8678071011 $ 8.00 917 8678071012 $ 8.00 918 8678071013 $ 8.00 919 8678071014 $ 8.00 920 8678071015 $ 8.00 921 8678071046 $ 8.00 922 8678071047 $ 8.00 923 8678071018 $ 8.00 924 8678071019 $ 8.00 925 8678071048 $ 8.00 926 8678071049 $ 8.00 927 8678071022 $ 8.00 928 8678071023 $ 8.00 929 8678071024 $ 8.00 930 8678071025 $ 8.00 931 8678071026 $ 8.00 932 8678071027 $ 8.00 933 8678071028 $ 8.00 934 8678071029 $ 8.00 935 8678071030 $ 8.00 936 8678071031 $ 8.00 937 8678071032 $ 8.00 938 8678071050 $ 8.00 939 8678071051 $ 8.00 940 8678072001 $ 8.00 941 8678072002 $ 8.00 942 8678072003 $ 8.00
CITY OF LA VERNE 61912020 PAGE 24 of 27 261 Monday, July 20, 2020, City Council Meeting Page No. 250 2020-2021 84-1 M (180.53)
NO. APN 201912020
943 8678072004 $ 8.00 944 8678072005 $ 8.00 945 8678072051 $ 8.00 946 8678072054 $ 8.00 947 8678072055 $ 8.00 948 8678072009 $ 8.00 949 8678072010 $ 8.00 950 8678072011 $ 8.00 951 8678072056 $ 8.00 952 8678072052 $ 8.00 953 8678072014 $ 8.00 954 8678072015 $ 8.00 955 8678072016 $ 8.00 956 8678072017 $ 8.00 957 8678072018 $ 8.00 958 8678072019 $ 8.00 959 8678072020 $ 8.00 960 8678072021 $ 8.00 961 8678072022 $ 8.00 962 8678072057 $ 8.00 963 8678072058 $ 8.00 964 8678072025 $ 8.00 965 8678072026 $ 8.00 966 8678072027 $ 8.00 967 8678072028 $ 8.00 968 8678072029 $ 8.00 969 8678072030 $ 8.00 970 8678072031 $ 8.00 971 8678072032 $ 8.00 972 8678072033 $ 8.00 973 8678072034 $ 8.00 974 8678072035 $ 8.00 975 8678072036 $ 8.00 976 8678073001 $ 8.00 977 8678073002 $ 8.00 978 8678073003 $ 8.00 979 8678073004 $ 8.00 980 8678073005 $ 8.00 981 8678073006 $ 8.00 982 8678073015 $ 8.00 983 8678073017 $ 8.00
CITY OF LA VERNE 6t9t2020 PAGE25 ol 27 262 Monday, July 20, 2020, City Council Meeting Page No. 251 2020-2021 84-1 M (180.53)
NO. APN 201912020
984 8678067001 $ 8.00 985 8678067002 $ 8.00 986 8678067003 $ 8.00 987 8678067004 $ 8.00 988 8678067005 $ 8.00 989 8678067006 $ 8.00 990 8678067007 $ 8.00 991 8678067008 $ 8.00 992 8678067009 $ 8.00 993 8678067010 $ 8.00 994 8678067011 $ 8.00 995 8678067012 $ 8.00 996 8678067013 $ 8.00 997 8678067014 $ 8.00 998 8678067015 $ 8.00 999 8678067016 $ 8.00 1,000 8678067017 $ 8.00 1,001 8678067018 $ 8.00 1,002 8678067019 $ 8.00 1,003 8678067020 $ 8.00 1,004 8678067021 $ 8.00 1,005 8678067058 $ 8.00 1,006 8678067059 $ 8.00 1,0O7 8678067060 $ 8.00 1,008 8678067061 $ 8.00 1,009 8678067062 $ 8.00 1 ,010 8678067063 $ 8.00 1,011 8678067064 $ 8.00 1,012 8678067065 $ 8.00 1 ,013 8678067030 $ 8.00 1,014 8678067031 $ 8.00 1 ,015 8678067035 $ 8.00 1,016 8678067036 $ 8.00 1,017 8678067037 $ 8.00 1 ,018 8678067038 $ 8.00 1 ,019 8678067039 $ 8.00 1,020 8678067040 $ 8.00 1,O21 8678067041 $ 8.00 1,022 8678067042 $ 8.00 1,023 8678067043 $ 8.00 1,024 8678067044 $ 8.00
CITY OF LA VERNE 6t9t2020 PAGE26 of 27 263 Monday, July 20, 2020, City Council Meeting Page No. 252 2020-2021 84-1 M (180.53)
NO. APN 2019t2020
1,025 8678067045 $ 8.00 1,026 8678067046 $ 8.00 1,027 8678067047 $ 8.00 1,028 8678067048 $ 8.00 1,029 8678067049 $ 8.00 1,030 8678067050 $ 8.00 1,031 8678067051 $ 8.00 1,032 8678067052 $ 8.00 1,033 8678067053 $ 8.00 1,034 8678067054 $ 8.00 1,035 8678067055 $ 8.00 1,036 8666005043 $ 28.33 1,037 8666005044 $ 28.33 1,038 8678016017 $ 212.18 1,039 8678016016 $ 212.18 1,040 8678016018 $ 212.18 $ 9,885.50
CITY OF LAVERNE 6t912020 PAGE27 of 27 264 Monday, July 20, 2020, City Council Meeting Page No. 253
Memorandum CITY OF LA VERNE City Clerk’s Office
DATE: July 20, 2020
TO: Mayor and City Council
FROM: Lupe Gaeta Estrella, Assistant City Clerk
SUBJECT: Confirmation of Weed Abatement Clearance Charges for 2019-20 ______
SUMMARY
On February 3, 2020, the City Council declared the list of properties that have been found by inspections to have noxious or dangerous weeds, rubbish, etc. growing upon or in front of said property and a protest hearing was held on February 18, 2020, for affected property owners to register objections to the abatement of said weeds. The purpose of this hearing is to approve the incurred costs of removing such weeds, rubbish, etc., on each parcel of land. A Notice was sent to each property owners notifying them that the list of clearance charges would be submitted to City Council for confirmation. The: Los Angeles County Department of Agricultural has prepared a report for City Council consideration for weed clearance costs for appropriate parcels within the City. Pursuant to law, a copy of the 2019-20 Weed Clearance Charges was posted on the City’s website. (Mayor Pro Tem Carder will declare a conflict of interest because she is a member of the Board of Directors for a homeowners’ association that oversees property appearing on the weed abatement list).
STAFF RECOMMENDATION:
The City Council should confirm the list of charges and direct the County Auditor to enter the assessment against the parcels of land on the current assessment roll.
265 Monday, July 20, 2020, City Council Meeting Page No. 254
COUNTY OF LOS ANGELES
Department of A griculturol C ommis sionerl Weights ond Measures
Kurt E. Floren 12300 LowerAzusa Road Pmtedlng Consumerc Agricultural Commisslonar Arcadia, CA 91006-5872 and the Eavirwzment Director ol Weights and Measures h t Ip : llac w n. lac ou a O.g o v Since 1881
July 13,2020
The Honorable City Council City of La Veme 3660 D Street La Veme, CA 91750
Council Members:
201$2020 REPORT ON THE COST OF WEED ABATEMENT
Pursuant to State law, a report on the eost of weed abatement (enclosed) is being submitted to your Honorable Body for confirmation, by motion or resolution, on the 20th day of July, Zb2O at the hour of 6:30 p.m. A copy of the repolt must be qostPd on or near the chamber door of the City Council at least three days prior to its submission to your Honorable Body, with a notice of the time of submission.
It is my recommendation that your Honorable Body confirm these eharges.
After your Honorable Body confirms the weed abatement charges, please send a copy of the confirmation to our Weed Abatement Division at the above address.
Respectfully yours,
ADRIAN ZAVALA Deputy Director/Bureau Chief Hazard and lntegrated Pest Management
Myma Madrid Staff Assistant lll Weed Hazard and lntegrated Pest Management
KEF:AZ:rnm
Enclosures
Protecting Consumers and the Envlronment Since 1881 To Enrich Lives Through Effectlve and Caring Servlce
266 Monday, July 20, 2020, City Council Meeting Page No. 255
CITY OF tA VERNE luly 6,2020 WEED ABATEMENT CHARGES
KEY MAPBOOK PAGE PARCEL ZONE CITY CODE CHARGES 8375 010 001 3 370 44.65 8375 026 066 3 370 M.65 B 8375 026 068 3 370 44.65 B a377 o02 002 3 370 44.65 B 8378 003 013 3 370 44.65 8378 003 034 3 370 44.65 8378 004 025 3 370 44.65 E] 8378 005 005 3 370 44.65 8378 oo7 030 3 370 44.65 8378 007 031 3 370 M.65 B 8378 007 o32 3 370 44.65 B 8378 008 011 3 370 44.65 8378 010 041 3 370 44.65 B 8378 011 o14 3 370 44.65 44.65 E] 8378 012 033 3 370 8378 014 004 3 370 44.65 'l 8378 014 005 3 370 M.55 44.65 B 8378 o25 113 3 370 44.65 B 8378 o2a 006 3 370 8378 o29 o20 3 370 M.65 8381 033 o77 3 370 44.65 3 370 44.65 IB 8381 036 022 8381 036 o23 3 370 44.65 'l 8382 006 039 3 370 44.65 44.65 B 83 82 006 o42 3 370 44.65 B 8382 006 043 3 370 44.65 B 8382 006 044 3 370 44.55 B 8382 006 045 3 370 44.65 B 8382 005 048 3 370 44.55 B 8382 006 049 3 370 M.65 8382 005 050 3 370 44.65 E 8382 006 051 3 370 370 44.65 B 8382 005 0s2 3 370 7t4.15 B 8382 006 053 3 370 44.65 B 8382 006 054 3 M.65 n 8382 006 055 3 370 370 44.65 B 8382 o24 L70 3 370 44.65 B a382 024 776 3 44.65 8382 o25 r92 3 370 370 44.65 B 8391 o27 059 3 370 44.65 B 8391 026 040 3 44.65 8391 026 070 3 370
1
267 Monday, July 20, 2020, City Council Meeting Page No. 256
CITY OF LA VERNE July 6, 2020 WEED ABATEMENT CHARGES
KEY MAPBOOK PAGE PARCEL zoN E CITY CODE CHARGES 8564 010 030 3 370 44.65 8664 010 031 3 370 44.65 B 8664 010 032 3 370 44.65 B 8664 010 033 3 370 M.65 B 8664 010 034 3 370 44.65 8664 010 035 3 370 44.65 B 8664 010 036 3 370 44.65 B 8664 010 oz7 3 370 44.65 B 8664 010 038 3 370 44.65 B a664 010 039 3 370 44.65 B 8664 015 030 3 370 44.65 B 8664 017 oo2 3 370 M.65 B 8664 035 019 3 370 44.65 B 8665 019 133 3 370 44.65 B 8665 030 045 3 370 44.65 8666 005 041 3 370 44.65 B 8666 005 o44 3 370 44.65 8556 006 035 3 370 r,7 48.27 B 8556 009 o32 3 370 44.65 B 8666 051 028 3 370 44.65 B 8666 051 029 3 370 44.65 B 8666 054 038 3 370 44.65 8556 059 009 3 370 44.65 B 8665 063 034 3 370 44.65 B a678 o22 o72 3 370 44.65 B 8678 o23 010 3 370 44.65 B 8678 o23 020 3 370 44.65 B 8678 o23 026 3 370 44.65 B 8678 023 027 3 370 44.65 8678 023 031 3 370 44.65 8678 024 027 3 370 44.65 B 8578 o24 o22 3 370 !,772.63 44.65 B 8678 025 o57 3 370 B 8678 o27 o29 3 370 44.65 I 8678 o27 036 3 370 44.65 44.65 B 8578 034 051 3 370 B 8678 066 021 3 370 44.65 B a67A 067 270 3 370 44.65 I a678 067 277 3 370 M.65 44.65 B 8678 o72 o47 3 370 44.65 B 8678 073 013 3 370 44.65 B 8678 074 o20 3 370 370 44.65 E'] 8678 o74 027 3
2
268 Monday, July 20, 2020, City Council Meeting Page No. 257
CITY OF LA VERNE July 6, 2020 WEED ABATEMENT CHARGES
KEY MAPBOOK PAGE PARCEL ZONE CITY CODE CHARGES
TOTAL IMPROVED PARCELS = 0 TOTAL CHARGES So.oo
TOTAL UNIMPROVED PARCELS = 3 TOTAL CHARGES 54,23s.os
TOTAL INSPECIION FEE ONLY PCLS = 82 TOTAL CHARGES Ss
TOTAL PARCELs 85 TOTAL CHARGES 57 .35
3
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406 Monday, July 20, 2020, City Council Meeting Page No. 395 J&M JONES & MAYER
ATTORNEYSATLAW 3?77 NORTH HARBOR BOULEVARD . FULLERTON, CALFORMA 92835 (714) 44G1400 . (562) 697.1751 ' FAX (714) 4461'148
TO: IIONORABLE MAYOR AND CITY COLINCIL
FROM: LISA KRANITZ, ASSISTANT CITY ATTORNEY
RE: APPEAL OF PLANNING COMMISSION DECISION ON CASE NOS. 05-20 CUP, 06-20 CUP AND 31-20 PPR FOR THE AMAZON RETAIL, LLC GROCERY STORE PARKING LOT IMPROVEMENTS _ ADDITIONAL INFORMATION
DATE: July 20,2020
Attached for the City Council's review is an analysis ofthe information that was submitted on July lO,ZO21by the appellant. The analysis was prepared by Eric I,u, a principal of Ramboll which is Risk Assessment a well-respected ionsulting firm with expertise on Air Quality/GHG and Health world-wide. issues. Ramboll has worked on behalf of cities and private entities in California and
The take-away from Ramboll's analysis is that the SWAPE report that was filed with appellant's And as stated letter does noiprovide substantial to show that there is a significant impact. "vid"nc" in the Agenda report, in the two areas where there are thresholds for determining significance, even SWAPE's numbers do not rise to a level of significance' of Although the ppR that was approved in February 2020 is not part of the appeal, a comparison helps provide that prJject to the Damien Higf, Sctool Master Plan which was approved in 2019 ,o*. p.rrpective for the City-Council. The DRC's approval of Case No. 102-19 PPR involves removal approximately: 4,500 square feet of selective demolition for the building improvements; paving; new construction of und ..pla..mlnt of appioximately 4,750 square feet of sidewalk and ADA uppro*i.ately 5,500 square fee!-4,600 square feet-of mill and overlay pavement work for areas. The Damien requi....ntsiand 4,90^0 square feei of recoating of new and existing surface construction Higtr Sctrool irrtast plan projectl involved demolition of a 5,972 square foot cafeteria, parking lots of ofTE,too square feet oiUuitaing space, and alterations to hardscaped areas 1nd over three phases' 67,l2grqrui. feet - clearly u ruJh longer project which was to be accomplished were combined, the Air Impacts - Even when all three phases of the Damien High School Project Therefore, it that large construction emission impacts were far below SCAQMD thresholds. by the earlier project did not create a significant impact, then the minor work that was approved PPR would not have a significant impact'
les. ceqanet.opr.ca.qovi6SZ90: t https://fi - llanachmenuct23auKrffi?ffiffiTs-oGoseJLPoTDVdrpwsqQcehfHcxFlvDAaJEi4qlorKDbQ WdkOslTiN3x o2SBR20
407 Monday, July 20, 2020, City Council Meeting Page No. 396 Analysis of Amazon Appeal - Additional Information Page2
GHG Impacts - GHG construction emissions are amortized over a period of 30 years and then added to operational emissions to determine the total proposed emissions. As set forth in the staff report, SWAPE estimated an increase of 1,960.3 metric tons/ year for the operational emissions. Even if the total amortized construction emissions from Damien High School of 347 metric tons/year was added in, the total would still be below the SCAQMD Threshold of 3,000 metric tons/year.
408 Monday, July 20, 2020, City Council Meeting Page No. 397
ENVIRONMENT EffiM & HEALTH
Via Electronic Mail
Lisa E. Kranitz, Esq. Law Offices of Lisa E, Kranitz 1031 Avenue C Redondo Beach, California 902777
RE: REVIEW OF THE COMMENT SUBMITTED BY FINNEY ARNOLD LLP FOR THE AMAZON RETAIL PROJECT LA VERNE, CALIFORNIA
Dear Ms. Kranitz: )uly 17,2O2O per your request, we have reviewed the comment submitted by Finney Arnold LLP in a letter dated July 10, 2020 ("Finney Letter") about the Amazon Retail Project ("the Project"). The focus of our review was on air quality, health risk assessment, and Ramboll 5 Park Plaza analysis attached to greenhouse gas issues, and notably the reference to the SWAPE Suite 500 the Finney Letter ("the SWAPE analysis"). Due to the limited time available, our Irvine, CA 92614 findings are based on the review completed at this time. USA 1. REGARDING AIR QUALITY T +1 949 261 5151 F +1 949 26L 6202 The Finney Letter is incorrect in claiming that the air quality impacts by the Project are significant, There is no information provided by the Finney Letter or the SWAPE www.ramboll.com analysis that indicates that air quality impacts are signiFicant'
The SWApE analysis has not provided credible or substantial evidence regarding its analysis of air quality emissions. While SWAPE has indicated that they have used CalEEModrM to analyze potential existing and project emissions, SWAPE did not provide any of their modeling files. Without the modeling files, there is no credible evidence to support their claims' The percent increases in the total annual emissions set forth on page 2 of the SWAPE analysis are meaningless. There is no SCAQMD significance threshold related to percent increases of criteria pollutant emissions' Thus, their concerns over percent emission increases has no basis or relevance' converting the SWAPE analysis emissions on page 2 to pounds per day (conservatively assuming 210 days per year to approximate the maximum daily emissions), we can compare swAPE',s projected emissions to the SGAQMD significance thresholds. As shown in Table 1 below, these pound per day emissions no reason are well below the SCAQMD significance thresholds.l Thus, while we have to find the swAPE analysis to be of value, the very numbers they report would the support the Project,s approach with the exemption, as the operational emissions swAPE analysis reported are well below SCAQMD significance thresholds.
1 Available at: http://r,rR-w.aqnrd.gov,/docs/deiault-source/ceqa/'handbook/scaqmd-air-quality-significance- thresholds.pdf. Accessed: luly, 2020.
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409 Monday, July 20, 2020, City Council Meeting Page No. 398 ldffiffiffiril
Table t. Comparison of SWAPE Air Quality Emissions to SCAQt4D Significance Threshalds Daily emissions (lbs/day) Scenario voc NOx co SOx PMro PMz.s
Existing 5.1 L7.l 40.1 0.1 10.8 3.0
Project 1.L.4 46.2 93.8 0.3 22.6 6.2
Net Difference (Project minus Existing) 6.2 28.4 53.7 0.2 11,8 3.3
AQMD Significance 55 55 550 150 150 55 Threshold
The SWApE analysis did not report any construction emissions. Thus, they have not provided any credible or substantial evidence that the construction emissions would be significant. We understand that the project construction effort will primarily be related to faEade and site improvements, and that the construction activity is not expected to use large amounts of equipment or large diesel-powered equipment. Based on our experience with similar sized projects and such minimal construction equipment usage, it is highly likely that the construction emission would be less than significant. 2. REGARDING THE HRA The Finney Letter incorrectly states that a health risk assessment (HRA) must be conducted' The SCAeMD has published and adopted the Guidance Document for Addressing Air Qualiy Issues in General plans and Local Planning, which provides recommendations regarding the siting of new sensitive land uses near potential sources of airtoxic emissions (e'g', freeways, distribution centers, rail yards, ports, refineries, chrome plating facilities, dry cleaners, and gasoline dispensing facilities).2 The SCAeMD recommends that HRAs be conducted for substantial sources of Diesel Particulate Matter per (DpM) (e.g., truck stops and warehouse distribution facilities that generate more than 100 trucks day or more than 40 trucks per day with operating transport refrigeration units). Based on this guidance, there was no quantitative analysis required for future cancer risk from Project construction or operation, as the Project does not include substantial amounts of DPM. For reference, the Project expects at most one delivery truck per day, seven days per week' in the area The Finney Letter also asks multiple questions regarding the potential sensitive receptors (page 3 of the Finney Letter). The presence of sensitive receptors in any area is not in itself a trigger if an for an HRA in CEeA. The basis provided above is the primary guidance relevant to determining presence such receptors is HRA is required. Based on our analysis as described below, the potential of if such addressed as the potential health risk is well below the SCAQMD significance thresholds even receptors are Present. page SWAPE The SWAPE Analysis also incorrectly suggests that an HRA is required on 3 of the Assessment analysis. The comment correctly identifies that the Office of Environmental Health Hazard (OEHHA) adopted a new version of the Air Toxics Hot Spots Program Guidance Manual for the
May 6, 2 SCAqMD, Guidance Document for Addressing Air Quatity Issues in General Ptans and Local Planning, 2005
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410 Monday, July 20, 2020, City Council Meeting Page No. 399 t3*.tr$-4','.i]
Preparation of Risk Assessments (Guidance Manual) in March of 2015. The Guidance Manual was developed by OEHHA, in conjunction with the California Air Resources Board (CARB), for use in implementing the Air Toxics "Hot Spots" Program (Health and Safety Code Section 44360 et. Seq.). The Air Toxics "Hot Spots" Program requires stationary sources to report the types and quantities of certain substances routinely released into the air. The goals of the Air Toxics "Hot Spots" Act are to collect emission data, to identify facilities having localized impacts, to ascertain health risks, to notify nearby residents of significant risks, and to reduce those significant risks to acceptable levels. The new Guidance Manual provides recommendations related to cancer risk evaluation of certain short-term projects. As discussed in Section 8.2.10 of the Guidance Manual, "The local air pollution control districts sometimes use the risk assessment guidelines for the Hot Spots program in permitting decisions for short-term projects such as construction or waste site remediation." Short-term projects that would require a permitting decision by South Coast Air Quality Management District (SCAQMD) typically would be limited to site remediation (e.9., stationary soil vapor extractors) and would not be applicable to the proposed Project. The new Guidance Manual does not provide specific recommendations for evaluation of short-term use of mobile sources (e.9., heavy-duty diesel construction equipment). Thus, there is no guidance document that specifically requires an HRA to be prepared for this Project. And given that the Project will have limited construction activities, and at most one delivery per day, seven days per week, the Project does not trigger a need for an HRA based on the guidance documents as described above.
The SWAPE analysis reports a screening-level assessment but has not provided any credible or substantial evidence to support its claims. There are no modeling files for the emissions estimates, and there are no air dispersion modeling files from AERSCREEN. Without these pieces of information, there is no way to evaluate and validate the findings reported by SWAPE. Furthermore, the SWAPE analysis has not reported any estimates on the construction health risk impacts. Thus, there is no evidence to suggest that there is any potential health risk impact, nor a need to perform a construction HRA.
The screening level HRA included in the SWAPE Analysis does not accurately represent Project health risks. The SWAPE analysis incorrectly suggests that the Project will have health risk impacts. The analysis is based on an overly conservative assessment in terms of both emission estimates and dispersion modelling approach which can lead to substantial overestimation in modeled impacts and estimated health risks. SWAPE's HRA appears to have incorrectly assumed that 100 percent oF the project operational PMro exhaust emissions are on-site diesel particulate matter (DPM) emissions' In reality, operational PMlo exhaust emissions consist of a mix of different types of PMro. Notably, PMro operational emissions include: (i) mobile emissions due to all traffic trips (of which only a small fraction are diesel and occur near the project site); (ii) emissions associated with project energy usage (which is from natural gas combustion); and (iii) emissions landscaping equipment (which is all gasoline).
SWAPE also appears to have used a screening air dispersion model AERSCREEN to estimate worst-case DPM concentrations. The model likely utilizes a screening meteorological data set (which considers dispersion in a single wind direction) to predict the worst-case short-term (1-hour) impacts which are then adjusted using an empirical factor to estimate the worst-case long-term (annual) impact. The AERSCREEN model, which is designed to conservatively predict the worst-case impacts, does not consider: (i) actual location of receptors relative to the source; (ii) the site-specific meteorology and how it relates to the source-receptor configuration; (iii) or the fact that dispersion during daytime (when a majority of the emissions occur) is different than during night time.
3ls
411 Monday, July 20, 2020, City Council Meeting Page No. 400
We have re-analyzed the potential Project diesel emissions to illustrate how conservative the SWAPE analysis is. The primary source of diesel emissions for this Project will be delivery trucks. The Project only expects one diesel truck delivery per day, seven days per week. While not all delivery trucks will necessarily be diesel, for purposes of this analysis we have assumed that they will be. The SWAPE analysis also appears to incorrectly attribute all emissions from these trucks to occur onsite based on our analysis of what the 35,2 pounds per year reported by SWAPE may correspond to (again, SWAPE did not provide the necessary evidence to support their value so there is no certainty on the validity of that number). From these estimates, we have estimated the DPM emissions from onsite truck activity. The calculations, as shown in Table 2, show that the onsite project DPM emissions are more likely to be approximately 0.09 lblyear. This is 99.7o/o percent less than what SWAPE has reported. An approximate health risk related to these DPM emissions is 0.6 in a million. This is well below the SCAeMD CEeA health risk threshold of 10 in a million, and thus, the Project is less than significant'
Table 2, Estimated Impacts from Diesel Truck Activity
Parameter Value Units
Running Exhaust 0.020 g/mile
PMro Exhaust Idling Exhaust 0.0s2 g/vehicle/day Emission Factorsl Starting Exhaust 0 gltrip
Daily Deliveries 1.0 trip/day
Deliveries per Year 365 dayslyr Delivery Trip Inputs2 CalEEMod@ Default TriP Length 6.9 mi/trip
Onsite Trip Length 0.20 mi/trip
PMro Exhaust Emissions 35.2 tblyr SWAPE Analysis Estimates3 Excess Lifetime Cancer Risk 215 in a million
Estimated DPM Exhaust Emissions 0.31 lblyr Estimated ImPacts from Total DPMa Scaled Excess Lifetime Cancer Risk 1.9 in a million
Estimated DPM Exhaust Emissions 0.09 lb/yr Estimated ImPacts DPMa from Onsite Scaled Excess Lifetime Cancer Risk 0.6 in a million
Notes: for 2020 Los Angeles County 1 Consistent with CalEEModrM, emission factors are estimated from EMFAC2014 2 Anticipated Amazon Grocery delivery trips were provided by the City of La Verne' provided to the city of La 3 The emissions and excess lifetime cancer risk are taken from the SWAPE letter not specified, Ramboll has Verne. No modeling rir". *"* provided to verify these estimates. While. it is assumed that the iS.Z t1lVr emissions refer to mobile exhaust-only emissions' emission factors derived 4 Ramboll estimated emissions based on the anticipated nu mber of delivery trips and toLetter esti mate excess lifeti me ca ncer from EMFAC2O t4 and scaled the estimates provided tn the SWAPE pproach reported by SWAPE. risk. This ts likely still conservative estimate given the modeling
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412 Monday, July 20, 2020, City Council Meeting Page No. 401
3. REGARDING GHG The Finney Letter is incorrect regarding their concerns on the Project's GHG emissions. There is no information provided by the Finney Letter or the SWAPE analysis that indicates that GHG emissions are significant.
The SWApE analysis has not provided credible or substantial evidence regarding its analysis of GHG emissions. While SWAPE has indicated that they have used CalEEModrM to analyze potential existing and project emissions, SWAPE did not provide any of their modeling files. Without the modeling files, there is no credible evidence to support their claims. The total annual emissions with percent increases listed on page 8 of the SWAPE analysis are again meaningless, SCAQMD has not adopted a significance threshold related to percent increases of GHG emissions. Thus, the concerns over percent emission increases has no basis or relevance' By converting the SWAPE analysis emissions on page 8 to show what they report as the change in GHG emissions, it is possible to compare the reported emissions to the proposed SCAQMD GHG screening thresholds.3 The SWAPE analysis suggests that the Project will result in 1,960 metric tons per year of GHG emissions. This is less than the proposed SCAQMD GHG screening threshold of 3,000 metric tons per year for non-industrial projects, Thus, while we have no reason to find the the SWAPE analysis to be of value, the very numbers they report support the Project's approach with exemption. That is, the operational GHG emissions the SWAPE analysis reported are well below the proposed SCAQMD GHG screening threshold.
Sincerely,
MS, ncipal
D 949 798 3650 ELU€nramboll.com
EL: eg
3 Available at: http://nww.aqmd.gov/docsr'default-sourcel'ceqa/handbook/greenhouse-gases-(ghg)-ceqa- Accessed: July,2020' significance-threshotds/yeai-zooe-zooglghg-meeting-15/ghg-meeting-15-minutes'pdf.
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413 Monday, July 20, 2020, City Council Meeting Page No. 402
SOLOMON SALTSMAN & JAMIESON A Partnership of Professional Corporations 426 CulverBoulevard I PlayaDelRey, CA 90293 Telephone: 310.822.9848 | Facsimile: 310.822.3512 Toll Free: 800.405.4222 www.ssjlaw.com
Stephen Allen Jamieson Partner email: [email protected] via e-mail
luly 20,2020
La Verne City Council City Hall Council Chamber 3660 D Street La Verne, CA 91750
RE: Opposition by Amazon Retail, LLC Grocery Store to the Appeal of the Planning Commission becision granting the applications set to be heard by the City Council July 20,2020,relative to Case Nos. 05-20CUP,06-20CUP, and 31-20PPR
To the Honorable Mayor and Members of the City Council,
L INTRODUCTION AND SUMMARY OF ARGUMENT
This firm represents Amazon Retail, LLC ("Amazon"), the Applicant in theabove- of La Verne. Market mentioned matter. Amazon is excited to bring this grocery store to the City grocery store in the City of La research indicates that, while conventional in nature, this Amazon customer services to the Verne will fill a valuable niche with its various high-quality goods and its community. As such, this applicant thanks City staff for all of its hard work and its unanimous vote of recommendations oflapp.orat, as well as the Planning Commission for approval. All of the Conditions imposed therein are acceptable to Amazon'
time as the result of Unfortunately, however, this project is before the City Council at this of residents of the City of La an appeal by an alleied and unnamed "unincorporated association at the Planning Verne,,. This suppos'ed association did not appea, and had no representation made known to the Commission t eaiing on May l3,21z1.This iupposed association was position letter submitted by planning commissi-on at that time solely by a spurious and baseless through that same counsel' an attorney stating f',. ,.pr.t.nts such. Ii is-this unnamed association, this council' that has now filed this spurious and baseless appeal currently before
the western portion lf approved by this Council, this Amazon Grocery Store will occupy ("Project"). The existing Kohl's of the existing Kohl's retail buildi ng at2229 Foothill Boulevard has been entirely retailbuilding has an existing footpiint of 88,696 square feet and to date Kohl's ends up with utilized by t 414 Monday, July 20, 2020, City Council Meeting Page No. 403 La Verne City Council Case Nos. 05-20CUP, 06-20CUP and 31-20PPR July 20,2020 Page2 of7 footprint of the existing building remains as it is now, with the exception of only about 431 ,quur. feet added to slightly rectnfigure the entrance faqade.l However, the fagade improvement, which represents less than one-half of l% (.004%) of the total square footage of the footprint of the building, and the reallocation of the existing Kohl's space in the eiisting building footprint is not even the subject of the current hearing befbre this Council at this time. The fagade improvement, and the division of the existing Kohl's on space, was instead already approved per a previous separate matter in Case No. 102-l9PPR, February 4,2020,and neverappealed. Those approvals cannot, therefore, be appealed or in any way reconsidered now in this current matter. Under the current PPR, Case No. 3l-20PPR, there is instead before this Council at this proposed time on appeal just a few negligible improvements necessary to accommodate this grocery rior". fn.y are as foltows: A small trash enclosure will be installed that is only 6 feet electric ia;.,26 feet wide, and a mere I I feet deep, placed adjacent to the loading dock. Four lot without even vehicle charging stations/parking spaces wilt te provided in the existing parking existing dilging up t[e Jxisting asphalt, t*o gro".ry shopping cart corrals will be placed on the p"iti"g lot, new parkiig rignug. und AnA accessible parking spaces will be installed and/or to be shared by puint.i on ih, existing [urtlinftot, and the existing parking lot with 349 spaces Kohl's and the market meets City Code. lot because the ln sum, there is no expansion of use of the existing structure or parking Store proposed Amazon Grocery Store will be located in the existing Kohl's Department with the same friiairg. Both Kohl's and Amazon are considered retail "uses" by City Code, parking-requirements, and operating at similar hours as Kohl's operates now' format and Moreover, this Amazon grocery store will operate at similar hours in similar for example Vons, Aldi, size as the other similar grocery-stores already operiting in the City, and others' Stater Bros., Sprouts, as-well as similar retail uses such as Target, Rite-Aid has previously Accordingly, Staff correctly recommends, and the Planning commission applies' where as here' determined, that this project is exempt from CEQA. A Class I exemption increase due to the reworked there is little or negtiiiUie expansionof use or structure, i.e. .004o/o there is construction of minor entrance facade. A C"lass 1l exemption applies, where as here, trash enclosure, 4 electric structures accessory to existing .o*r.r.iul facilities, i.e. a small cart c-offals' and vehicle charging stations/parking spaces, provision of 2 grocery shopping a Class 3 exemption adding pa.t residents is The appeal by this supposed unincorporated association of unidentified basis in law or fact for without merit. ffre Cf,Qe cleariy apply, and there is no "*"mptiont 88,696 sq'ft, which does not include Kohl's existing I Note: The existing fbotprint of the Kohl's building is a total of second level of7,840 sq'ft 415 Monday, July 20, 2020, City Council Meeting Page No. 404 La Verne City Council Case Nos. 05-20CUP, 06-20CUP and 3l-20PPR July 20,2020 Page 3 of7 application of any exceptions to the exemptions. To legally rely on any exceptions to the exlmptions the law is clear that this appellant has the burden to prove, and to produce substantial evidence, that this project has the potential for a significant adverse environmental impact. This it has not and cannot factually or legally do. Appellant has failed to provide any evidence to support its claims and relies solely on unfounded conjecture, assumptions and presumptions. The SWAPE report provided by appellant on luly 10,2020 fails to dispel that failing. The SWAPE report continues to rely on suLstantively void conjecture, assumptions, and presumptions in an effort to get to the conclusion iesired by ippellant and its counsel. Indeed, even if one were to accept the supposed bases of the SWAPE repo.t, which the applicant here finds to be manipulated incorrect data wholly without factual basis, it still does not rise to a level that would legally require environmental inquiry of the nature requested by appellant. It is clear this appeal is rooted in politics unrelated to the land uses at issue before this Council. The appeal does not provide iegitimate facts or arguments designed to truly protect the environment. II. PRO.TE,CTS IDENTIFIED AS EXEMPT ARE NOT SUBJECT TO CEQA AN[I) CHALLE,NGERS TO AN AGENCY'S EXEMPTION MUST PRODUCE SUBSTANTIAL EVIDENCE THAT TIIE PROPOSED PROJECT HAS THE POTENTIAL FOR A SUBSTAIITIAL ADVERSE ENVIRONMENTAL IMPACT CEeA is designed to establish administrative procedures to protect the environment. E peninsula Ed. Councll, Inc. v. Palos Verdes Peninsula Unified Sch. Dist.,2l0 Cal' App. 3d 155, 21084(a), 163 (ZndDist. 1989), modified (May 23,1989). Pursuant to C3l. Pub. Res' Code $ Title l4 of the California Code of Rlgulations contains guidelines for the implementation of i'categorical finding CEeA. /d. These Guidelines include exemptions" from CEQA based on "a effect on the by tile Secretary for Resources that the class ofprojects does not have a significant environment.* Id. A categorically exempt project is not subject to CEQA, and no further environmental McCorkle analysis is reqiired. ial. pub, fi.r. Cod. g 2108a(a); 14Cal. Code Regs' $ 15300; (1st Dist.-2018), as Easiside Neighborhood Group v. City of St. Helena,3l Cal. App. 5th 80 review of modified, (Jin.25,2019) and review denied, (Apr. 17, 2019). The Court of Appeals' is deferential, and the un ug"n.y;, finding that a project falls within a categorical exemption substantial evidence. court must determine only^wliether the agency's decision is supported by (6th Dist' 2018), Apros Residents Assn. v. City. of Santa Cruz,20 Cal. App. 5th 1039, 1046 review denied (MaY 23,2018). ..A party challenging an agency's exemption decision must produce substantial evidence impact." Ass'nfor Prot' that the pro3..ihu, ttre p-otelntial 6r a substantial adverse environmental stated etc. Val)es-v. Cfry of ULtah,2Cal.App.4th 720,728 (1st Dist. 1991). The courttherein Id' that,,[m]ere uncorroborated opinion oi rurot does not constitute substantial evidence." (citations omitted). Yet, here there is only uncorroborated opinion. 416 Monday, July 20, 2020, City Council Meeting Page No. 405 La Verne City Council Case Nos. 05-20CUP,06-20CUP and 31-20PPR July 20,2020 Page 4 ofl Pub. Res. Code $ 21080(e) Provides: (l) For the purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact. (2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence ofsocial or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment' bears the burden to pub. Res. Code $ 21080(e) makes clear that the Appellant in this case produce substantial evidence offact,reasonable assumption predicated upon fact, or expert opinion supported by fact. Because the appeal in this case relies solely on argument, speculation, and-_ are unsubstantiated opinibn regarding social or economic impacts -- that do not contribute to, or not caused by physical im[acts on the environment- the issues raised in the appeal do not qualiff as sutsiantial evidence and, therefore, the appeal should be denied. III. THE CITY CORRECTLY DETERMINED THIS PROJECT IS SUBJECT TO A CLASS I EXEMPTION FROM CEQA REQUIREMENTS BECAUSE THE PROPOSED GROCERV STORE WILL OCCUPY AN EXISTING RETAIL BUILDING 'fhe City's determination that the Project is subject to a Class 1 categorical exemption is negligible or no correct because the project will occupy an existing commercial building with expansion ofuse. CEQA Guidelines $ 15301 Provides: class I consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of exiiting public or private structures,-facilities, no mechani-cal equipment, or topographical features, involving negligible or itemized expansion of existing or formeiusi. th" types of "existing facilities" might fall below are not intendid to be all-inclusive of the types of projects which or within Class l. The key consideration is whether the project involves negligible no exPansion ofuse. Project Appellant fails to satisff its legal burden to produce substantial evidence that the where the proposed has the potential for a substantial adverse environmintal impact. Here, share a parking lot, grocery store will occupy a portion of an existing retail building and the uses iner" ii no expansion oiur., and any arguable expansion is negligible. 417 Monday, July 20, 2020, City Council Meeting Page No. 406 La Verne City Council Case Nos. 05-20CUP, 06-20CUP and 3l-20PPR luly 20,2020 Page 5 of7 CEQA is not designed to regulate social and economic impacts and must not be misconstrued as such. For these reasons appellant's remarks about Amazon are neither factually nor legally accurate or relevant to its appeal. It merely reflects the level by which appellant is willing to try to contort its application of CEQA to meet its true yet unstated goals. Because, however, there is no factual basis by which Appellant can produce substantial evidence that this Project has the potential for a substantial adverse environmental impact, Appellant's assert only speculative and unsubstantiated irrelevant claims, e.g., "The construction of a major, new- concept grocery store, large enough to house 100 employees at any given time, with rotating shifts, and that will seek to take deliveries from 7:00 a.m. to 1l:00 p.m., Monday through Saturday, is not the type of project that is granted exemption under S 15301 ."2 This hyperbole, however, is not the substantial evidence required by Pub. Res. Code $ 210S0(e) that Appellant must produce to challenge the City's exemption determination in this case. Pub. Res. Code $ 21080(e)(2) makes clear"[sJubstantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environmenL " (emphasis added). Yet that is all that appellant is presenting here. Further, the assertion in the appealthat it is impossible to "revolutionize the supermarket industry" without causing a significant environmental impact, is unfounded. Appellant has not produced any evidence at all, let alone substantial evidence, that this will happen; nor, that such fhung.r as ii speculates would have the potential to pose any impact to the physical environment, let al,cne a significant impact. Moreover, Appellant's argument is not only misguided, but entirely *rong, as the Project description makes clear that the grocery store will operate essentially as a traditional supermarket. Appellant's baseless speculation conveniently ignores the underlying facts of this Project and common sense. That is, there is clearly no expansion of use because the proposed Amazon Grocery Store will be located in the existing Kohl's Department Store building, both businesses proposed are retiil businesses and both businesses have similar hours of operation. In fact, the improvements are not even extensive enough to halt retail operations in the building itself, as Kohl's will remain open for business throughout the entire process. For all these reasons, the City correctly determined that the Project is categorically cxempt undcr Scction 15301 (Class l). IV THE CITY CORRECTLY DETERMINED THIS PROJECT IS SUBJECT TO A CLASS 11 AND CLASS 3 EXEMPTIONS FROM CEQA REQUIREMENTS BECAUSE THE PROPOSED MODIFICATIONS ARE MINOR STRUCTURES APPURTENANT TO AN EXISTING COMMERCIAL FACILITY 2 only have 35 to 40 employees on site at any fNote also that the record was recently clarified that the market will given time, with a possible increase to 50 at peak times if needed] 418 Monday, July 20, 2020, City Council Meeting Page No. 407 La Verne City Council Case Nos. 05-20CUP, 06-20CUP and 3l-20PPR July 20,2020 Page 6 of7 The City's determination that the Project is subject to both a Class 1l and Class 3 categorical exemption is correct because the proposed parking lot modifications are standard parking lot accommodations accessory to an existing commercial facility. While Appellant has agreed that the parking lot modifications fit under a Class I exemption, staff has also relied on a Class 11 exemption for these modifications at Planning Commission and has also recognized that the Class 3 exemption for new construction of small structures also applies. CEQA Guidelines $ 15311 provides: Class 1l consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities. . . CEQA Guidelines $ 15303 provides in part: Class 3 consists of construction and location of limited numbers of new, small facilities or structures, installation of small new equipment and facilities in small * * + structures. . . .Examples of this exemption include but are not limited to: (c) [a] store . . . not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding * * * 10,000 square feet in floor area in sites zoned for such use' . . . (e) [a]ccessory (appurtenant) structures including garages, carports' ' ' ' As mentioned above, the Precise Plan Review on appeal involves the construction of Proposed minor modifications to the parking lot that include the addition of two tandem shopping cart corrals, four new electric vehicle charging stalls, three new ADA accessible parkingitalls, ten designated "Pickup Only" parking stalls, parking signage, and alew trash Lnclosure. These modifrcations will require the removal of four parking spaces and partial demolition of the existing screening wall separating the loading dock area from the parking lot. Cart corrals, electric vehicle charging stalls, parking signage, and a single trash enclosure fit within the language of Section 1531 1 as minor structures accessory to an existing commercial facility. Thesi modifications are all standard retail parking lot accommodations in the parking lot of, and accessory to, the existing Kohl's building. ..The Association suggests that when the Approvals are considered in conjunction with 102- the grocery store, the architectural design of which was approved as part of Case No. 19piR, thl exemption must fail." However, the Appellant fails to recognize that the approved under Section 15301 (Class l)3, and that the architectural design is minimal and clearly "*"-pi approvals for the grocery store, alcohol sales, and parking lot modification were considered toiettrer. The Appellani also ignores the fact that no appeal was taken from the architectural ..interior partitions," Section r Section 15301(a) exempts or exterior alterations involving such things as interior 10,000 square feet, 15301(e), which exempts additions to existing structures that do not result in an increase ofover physical changes occur and Seciion 15301(k) which exempts the subdivision of commercial buildings "where no which are not otherwise exemPt." 419 Monday, July 20, 2020, City Council Meeting Page No. 408 La Verne City Council Case Nos. 05-20CUP, 06-20CUP and 31-20PPR July 20,2020 PageT of7 approvals of 102-l9PPR, which were approved in February 2020, and that matter is not now before the City Council in this appeal. Agencies are required to consider whether a project subject to a categorical exemption is barred by the exceptions set forth in CEQA Guidelines $ 15300.2. Berkeley Hillside Pres. v. City of Berkei'ley, 60 Cal. 4th 1086 (2015), as modified (May 27,2015). The only exception that would be "remotely applicable" is the unusual circumstances exception. The party advocating that a project should fall within the unusual circumstances exception bears the burden to demonstrate that the project falls within that exception.Id. The Appellant does not assert that any exception to Class I and Class I I CEQA exemptions should apply here pursuant to CEQA Guidelines $ 15300.2. There are two methods to proving a project falls under the unusual circumstances exception. Under the first method, the challenger must prove that there will be a significant enviionmental impact, the possibility of a significant impact is not enough.Id.The other method requires that chaltenger to prove that there is an unusual circumstance, and that there is a poisibility of a significant environmental effect because of the unusual circumstance- 1d. The Appellant clearly does not meet this burden, as they do not even assert this argument at all. However, even if this argument had been raised, there is nothing unusual about a proposed grocery store occupying an existing retail building and the parking lot modifications at issue. ih.r. is no substantial evidence or facts to support that the Project willhave a significant environmental impact. For all these reasons, the City correctly determined that the Project is categorically exemptunder Section 15311 (Class ll) and Section 15303 (Class 3). V. CONCLUSION As a party challenging the City's determination that the Project is subject to a CEQA categorical exemption, and/or that there are exceptions to the application of the_ exemptions at issui the Appellant has the burden to produce evidence and carry its burden of proof thereon' The Appellant has failed to meet these burdens. The City correctly determined that the Project falls squarely within the language of Class 1 and Class I I and Class 3 categorical exemptions when analyzed based on facis. The Planning Commission made all necessary Findings to approve these entitlements. It is respectfully requested that the City Council do the same. For these reasons, the appeal should be denied, and the project approved. Respectfu lly submitted, & JAMIESON SOLOMONSdf/a,/.W*dz SALTSMAN STEPHEN TT.LEN JAMIESON Licensed in Califomia, Wisconsin and Michigan CC: Planning; Client 420 Monday, July 20, 2020, City Council Meeting Page No. 409 :l o :l 3 CITY OF LA VERNE City Manager's Office DATE: Ju|y20,2020 TO: Honorable Mayor and CitY Council FROM: JR Ranells, Personnel Ofticd/U sUBJECT: Resolution 20-66 Agreement for Temporary Employment (Dan Keesey) AGE II Assistant city Manager/Director of Public works Dan Keesey has submitte_d 34 paperwork to retire a--t the end of this month after serving the city foL mgre than years. tn order to minimize disruption resulting from this loss of institutional and operational knowledge, the city is interested in retaining his services-until at least the end of the calendar year. ihe arrangement provides a savings of approximately of Public Works $OOpOO Mr. Keesey will have his houily rate reduced to Director and will receive"" no benefits. ln order to be compliant with California Law and the is 2013 Pension Reform Act, it is also necessary for the city council to certify there in ,rg"nt need to waive the 180 day waiting period as well as take an action .ftirrl"g the execution of such empioymeni arrangements. The attached resolution and agreement satisfy those requirements. o the staff recommends the city council approve the attached resolution authorizing part- Ciiy tlt"nrg". to execute in agreement with Dan Keesey to provide temporary, time employment. n U n works Dan with the recent confirmation Assistant city Manager/Director of Public X""."V i. ."t iL ,"tit", staff is desirous to provide an arrangement where he can hours. to work for the city an additional 6 months and no more than 960 projects well ir'ir"ontinu. .ooltlon"r time will allowfor the appropriate transition of critical as as the proper selection and training of his replacement' can only be section 7522.56 of the california Government code states that a retiree g60 hours in a fiscal year. The.law als-o i"hii"a oy agency for a maximum of . days .i"i"i tnjt "nif ariagency wishes to reemploy such an individual sooner than 180 of the appointment after retirement, the governing board musicertify that the nature his to titt a iriticat nJed. While it is likely that Mr. Keesey will complete L- "1""""rr, 421 Monday, July 20, 2020, City Council Meeting Page No. 410 Agenda Report - Keesey July 20,2O2O Page 2 g60 hours sometime in January, there is the flexibility of making the agreement effective through June 2021 under CaIPERS restrictions. The city has confirmed with calPERS that the reasons for retaining Mr. Keesey_ satisfy the required standards and is bringing forward the agreement for council's consideration. Aside from overseeing the operations of the Public Works Department, Mr. Keesey's primary scope of work will be focused on coordinating review and management of the Gold Line design and construction activities. other critical duties include construction of the realigned sewer system for the Meritage development, implementing a funding program for youth sports infrastruclure, finalization of the water Master Plan, development of the sewer Master Plan, continued management of the Capital lmprovement Plan, risk management activities, initial Enhanced lnfrastructure Finance District improvement processing, recruitment for the Director of Public works position, and perform other duties as directed by the City Manager. It is important to note that on a fiscal perspective, the arrangement provides a r"ring! of $60,000 as Mr. Keesey wiil have his hourly rate reduced to Director of PubliJ works and will receive no other monetary benefits. The reduction in hourly r"t" fro, the Assistant city Manager/Director of Public works to the Director of public works is necessary to meet the limitations of the Public Employees' Pension not n"io* Act since the Citywill be recruiting for a Director of Public Works and will be filling the same classification Mr. Keesey is vacating' Attachments: Resolution 20-66 EmPloYment Agreement 422 Monday, July 20, 2020, City Council Meeting Page No. 411 RESOLUTION NO.20-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING AN AGREEMENTWITH ..RETIRED ANNUITANT" DAN KEESEY AS INTERIM DIRECTOR OF PUBLIC WORKS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME BE lT RESOLVED by the City Council of the City of La Verne as follows: Section 1. ln compliance with Government Code section 7522.56 the City of La Verne must provide CaIPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date. Section 2. That Director of Public Works Dan Keesey will be retiring from the City of La Verne effective July 31, 2020. Section 3. That section 7522.56 requires post-retirement employment commence no earlier than 180 days after the retirement date without this certification resolution. Section 4. That section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive. Section 5. That the La Verne City Council hereby appoints Dan Keesey as an interim appointment retired annuitant to the vacant position of Director of Public Works for the City of La Verne under Government Code section 21221(h)' effective August 2, 2020. Section 6. That pursuant to sections 7522.56 and 21221(h) ot the Government Code, the City Council has determined that a critical need exists for retaining the services of "retired annuitant," and certifies that this interim appointment will take place during an open recruitment to find a permanent replacement. Further, the City Council has determined that the "retired annuitant" has not received retirement incentives prohibiting him from serving as an interim appointment. section 7. That the retired annuitant's scope of work will be focused on the following activities and limited to 960 hours of work; overseeing the operations.of the public Works Department, coordinating review and management of the Gold Line design and construction activities, construction of the realigned sewer system for the Meriiage development, implementing a funding program for youth sports infrastructure, finalizalion of the Water Master Plan, development of the Sewer Master Plan, continued management of the capital lmprovement Plan, risk management activitie.s, initial Enhariced lnfrastructure Finance District improvement processing, recruitment for the Director of Public works position, and perform other duties as directed by the city Manager. 423 Monday, July 20, 2020, City Council Meeting Page No. 412 Section 8. That the City Manager of the City of La Verne is hereby authorized to execute an Agreement with Dan Keesey for temporary post retirement employment, said Agreement being in the form attached hereto and made a part hereof by ieference as though the same were set forth in full herein' Section 9. That said action was taken during a regular meeting of the La Verne City Council and considered as part of the non-consent portion of the agenda' section 10. The Mayor shall sign and the Assistant 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 20th day of July, 2020' ATTEST: Tim Hepburn, MaYor Lupe Gaeta Estrella, Assistant City Clerk CERTIFICATION regula adopted I hereby certify that the foreg olng Resolution No. 20-66 was duly and on the of by the City Council of the CitY of La Verne at a meeting thereof held July, 2020,by the following vote: AYES: NOES: ABSENT: ABSTAIN: Lupe Gaeta Estrella, Assistant City Clerk Resolution No. 20-66 -2- 424 Monday, July 20, 2020, City Council Meeting Page No. 413 tJI= This employment agreement is effective as of Auoust 2. 2020, between the city of La Verne ("Employer'') and Dan Keesey ("Retired Annuitant"). 1. The Retired Annuitant served as Assistant City Manager/Director of Public Works for Employer. Employer desires to ensure continued services of Retired Annuitant as the Director of Public Works in order to retain his experience, abilities and knowledge until such time as a suitable replacement can be found and trained and is therefore agreeing to continue engaging his services as lnterim Direc'tor of Public Works under the terms and conditions set forth below. 2 Retired Annuitant 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: 3 Subject to earlier termination as provided for in this AGREEMENT, Retired Annuitant shall be employed for a term beginning August 2, 2020, and ending no later than June 30, 2021. 4 . Employer shall employ Retired Annuitant as lnterim Director of Public Works, Retired Annuitant shall be vested with full power and authority to direct and conduct all the business of the La Verne Public Works Department as is provided for statutory prwisions. Duties and- by the La Verne Municipal code and other applicable _. aisignments while in this capacity shall generally include: overseeing the operation_s of the pubiic Works Department, coordinating review and management of the Gold Line design and construction activities, construction of the realigned sewer system for the Meritage development, implementing a funding program for youth sports infrastructure, finalization of the water Master Plan, development of the sewer Master Plan, continued management of the Capital lmprovement Plan, risk management activities, initial Enhanced lnfrastruiture Finance District improvement processing, recruitment for the Director of Public Works position, and perform other duties as directed by the City Manager' E During his employment, Retired Annuitant shall devote such time, interest and effort to the performance of this AGREEMENT as is necessary However, absent a mandated schedule, Retired Annuitant shall be expected to devote approximately 36 hours weekly to the Performance of these described duties. ln no event shall Retired Ann uitant work more than 960 hours during the term of this AGREEMENT. During the term of this AGREEMENT, Employer agrees to pay Retired Annuitant the hoirly rate of $92.6362, payable in bi-weekly installments subject to all applicable withholdings and deductions. 7 Except as provided for above, or as required by State and Federal law, during the employment term, Retired Annuitant shall not be entitled to receive other benefits of employment generally available to Employer's other employees. 425 Monday, July 20, 2020, City Council Meeting Page No. 414 L TERMINATION AGREEMENT. E mployer may terminate Retired Annuitant's employment during the term of this AGREEMENT, on provision to Retired Annuitant of thirty (30) days written notice of such action. I INDEMNIFICATION BY EMPLOYER. Employer shall, to the maximum extent permitted @oldRetiredAnnuitantharmlessforanyactsordecisionsmade Uy nim in the course and scope of employment. To the same extent, Employer will pay ahd 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 Retired Annuitant by reason of his performance of services as an officer or agent of the EmPloYer. 10 TERMINATION OR RESIGNATION. Retired Annuitant may terminate this AGREEMENT ticeofresignation.Unlessotherwiseagreedtobythe pi,i'ier,Ierminatlon of employment by resignation shall result in no post-resignation compensation being paid to Retired Annuitant. 11 GoNFoRMANCE WITH RETTREMENT LAW. Tlis AGREEMENT may only be modified, by Retired Annuitant and City Manager or their designeL provided that changes are in conformance with current California Public Emp-loyeeis Retirement law involving post retirement employment under Section 7522.56. unless or 12 clTy couNctL AppRovAL. This AGREEMENT shall be of no force and effect untit approved by the City Council of the City of La Verne' Executed on this 21't day of July 2020, in the City of La Verne, Los Angeles County. Signatures: Bob Russi, City Manager for the City of La Verne Dan Keesey Retired Annuitant 426 Monday, July 20, 2020, City Council Meeting Page No. 415 Agenda Report CITY OF LA VERNE City Manager's Office DATE: July 20,2020 TO: Mayor and City Council FROM: Bob Russi, City Manager SUBJECT: Resolution 20-67 - Request for Formal Recognition by Committee on Cultural Awareness and Social lnclusion AGENDA SUMMARY At their last meeting, the City Council requested an item be agendized pursuant to a request they had received by a group referred to as the Committee on Cultural Awareness and Social lnclusion. The following has been prepared in consultation with the group's organizers in accordance with that request. In early 2019, individuals began meeting informally with a focus on being a community of inclusivity for people of all backgrounds cultures and ethnicities. This group was comprised of Council, staff, representatives from ULV, Tri-City Mental Health and community members. During goals. these initial meetings the group established a set of guiding principles and outline of RECOMM DATION that the City Council adopt lf the Council's desire is to support the group's request, it is recommended committee on cultural Resolution 20- 67, confirming their intent to support and participate in the to finalize Awareness and Social lnclusion and direct staff to work with the Committee representatives their bylaws and designation of representatives for further council action. BACKGROUND Davis and staff began meeting ln May of 201g, former Mayor Don Kendrick and councilmember Muir discuss ways we could work to with a group of individuals from various segments of the community to differences. lt was the intent of improve the community,s overall awareness and sensitivity to cultural those to the council to gain this group to establish an oufline of their specific objectives and advance City support of accomplishing those objectives' statf had to remove itself from the Those discussions and efforts had been progressing until the city efforts' However, in light of the meetings due to the attention that was needed for coVlD related prompted by the incident in Minneapolis, recent events and demonstrations throughout our country that formal and the calls for change and fair treatment for all, the group has requested acknowledgement and support by the council is needed at this time' 427 Monday, July 20, 2020, City Council Meeting Page No. 416 ln response to that request, the Council directed an item be prepared for discussion. As a result, the attached Resolution has been prepared acknowledging the Council's support of that request, by authorizing staff to finalize the group's objectives including: an outline of their bylaws, the scope of representation by City staff and City Council, and level of support being sought from the City. Once those have been finalized they will be returned to the Council for final action. 428 Monday, July 20, 2020, City Council Meeting Page No. 417 RESOLUTION 20-67 ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFLAVERNE,COUNTYOFLOS ANGELES, STATE OF CALIFORNIA ACKNOWLEDING THE CITY'S COMMITMENT EQUAL AND FAIR TREATMENT FOR ALL PERSONS CALLING FOR UNITY, DIALOGUE, AND ACTION TO ENSURE RESPECT FOR ALL MEMBERS OF OUR COMMUNITY wHEREAS, the incident involving the city of Minneapolis, Minnesota police department is a recent example of the continuing unfair and unequal treatment that is still occurring to people of cotor throughout our country, and wHEREAS, the demonstrations and protests that followed demanded that changes are needed not only in those actions but systems; and WHEREAS, racism, in whatever from, Causes great pain to all Americans, including in La Verne, and; WHEREAS, La Verne is a peaceful and diverse community that is concerned forthe equal and fair treatment of all persons, and; WHEREAS,theCityofLaVernewillnotacceptthatanypersonbediscounted, undervalued, or marginalized, and; WHEREAS,asacommunitywecanbecomebetterbylistening,andlearningfromeach and; other in order to identify where change can be made and how to make it' La Verne' WHEREAS, in 2019 residents of La verne, individuals from the university of citystaff,policedepartmentpersonnel,andelectedofficialsbeganmeetinginformallytodiscuss of cultural differences ani advance efforts aimed at improving our community's understanding that exist in our societY; and WHEREAS,thatgroup,namedthecommitteeonCulturalAwarenessandSocial seeking recognition of lnclusion, established an oufline of their guiding principles and is now participation and involvement their existence and requests formal acknowledgment of the city's in their efforts. Now,THEREFoRE,theCitycounciloftheCityofLaVernedoesherebyresolvethat: hate' and Section 1. The City Council denounces all acts and systems of racism' and respect We will continuously violence; affirming the values of equality, justice, compassion' in our community' strive to ensure accountability, understanding, and solidarity on Cultural Section 2. The City Council supports the efforts of the Committee AwarenessandSociallnclusionandtheirtenetsof:opennesstodiversecultures,beliefs,and community; seeking opinions; the well-being and respect of all; being a welcoming climate of intergroup dialogs; and understanding among different community groups; fostering experience' recognizing cultural competency as a never-ending learning 429 Monday, July 20, 2020, City Council Meeting Page No. 418 Section 3: lt is the City Council's desire for the city to be an active participant in the committee's efforts and hereby instructs the City Manager to identify staff members from the following departments to serve as non-voting members on the committee: Community services, Administration, and Police; work with the group's representatives to finalize their bylaws and other governing documents. Section 4: The City Council also wishes to appoint members of the council to serve as advisory to the committee and their efforts. Section 5: An item for final action on Sections 3&4 will be agendized for City Council consideration by August 30,2020. Section 6: The Mayor shall sign this Resolution and the Assistant City Clerk shall attest and certify to the passage and adoption thereof. PASSED, APPROVED AND ADOPTED this 20th day of July, 2020. ATTEST: Tim Hepburn, Mayor Lupe Gaeta Estrella, Assistant City Clerk CERTIFICATION I hereby certify that the foregoing Resolution No. 20-67, was duly and regularly adopted by the C1y Council of the City of La Verne at a meeting thereof held on the 20'n day of July, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Lupe Gaeta Estrella, Assistant City Clerk 2 Resolution No. 20-67 430