Agenda packet — Duarte City Council, December 12, 2023 (part 1 of 2)

AGENDA

REGULAR JOINT MEETING OF THE CITY

COUNCIL OF THE CITY OF DUARTE, THE

DUARTE HOUSING AUTHORITY, AND THE

DUARTE COMMUNITY FACILITIES

FINANCING AUTHORITY
TUESDAY, DECEMBER 12, 2023
7:00 PM

CITY COUNCIL CHAMBERS,
1600 HUNTINGTON DRIVE,
DUARTE, CALIFORNIA 91010

MISSION STATEMENT
With integrity and transparency, the City of Duarte provides exemplary public services in a caring and fiscally responsible manner with a commitment to our community's future

JODY SCHULZ, MAYOR

VINH TRUONG, MAYOR PRO TEM

MARGARET FINLAY, COUNCILMEMBER

SAMUEL KANG, COUNCILMEMBER

TONEY LEWIS, COUNCILMEMBER

CESAR GARCIA, COUNCILMEMBER

TERA MARTIN DEL CAMPO, COUNCILMEMBER
City/Agency/Authority Staff:

Brian Villalobos, City Manager
Kristen Petersen, Assistant City Manager and Director of Administrative Services Craig Hensley, Director of Community Development
Manuel Enriquez, Director of Parks and Recreation
Larry Breceda, Director of Public Safety Services
Thai Viet Phan, City Attorney
Annette Juarez, City Clerk
___
ADA ACCESSIBILITY NOTICE: In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, you should contact the City Manager's office at (626) 357- 7931. Notification no later than 1:00 p.m. on the day preceding the meeting will enable the City to make reasonable arrangements to assist your accessibility to this meeting.

Notice: Any documents distributed by the City/Authorities to a majority of the City Council/Housing Authority/Financing Authority Board less than 72 hours prior to the City Council/Housing Authority/Financing Authority meeting will be made available for public inspection at City Hall, 1600 Huntington Drive, Duarte, CA 91010, during normal business hours, except such documents that relate to closed session items or which are otherwise exempt from disclosure under applicable law.

Notice: Duarte City Council meetings are videotaped for later broadcast on DCTV. Attendance at the 1 1. CALL TO ORDER AND ROLL CALL
A. City Manager Written Comments

2. PLEDGE TO THE FLAG

3. ADOPTION OF THE AGENDA

4. SPECIAL ITEMS
A. City Council/Housing Authority/Financing Authority Reorganization - Selection of Mayor/Chairperson (City Clerk Presiding)
B. City Council/Housing Authority/Financing Authority Reorganization - Selection of Mayor Pro-Tem/Vice Chairperson (Mayor/Chairperson Presiding)
C. Recess (30 minutes) - Welcome Reception in honor of newly appointed Mayor

5. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS

6. ORAL COMMUNICATIONS - ITEMS NOT ON THE AGENDA

7. CONSENT CALENDAR
A. Approve absence(s) of City Councilmember(s) from the City Council meeting B. Motion to read all Resolutions and Ordinances presented for consideration by Title only and waive further reading (CC/HA/FA)
C. Approval of Minutes - November 28, 2023 Regular Meeting (CC/HA/FA) It is recommended that the City Council approve the November 28, 2023 Regular Meeting minutes.
meeting constitutes consent by members of the public to the City's and any third party's use in any media, without compensation or further notice, of audio, video, and/or pictures of meeting attendees.

Members of the public may listen/view the City Council meeting broadcast on the City’s website following each meeting. To access the meeting, log onto www.accessduarte.com then on the homepage, click on the Agendas/View Meetings icon under the LATEST NEWS/QUICK LINKS banner, then on the Agendas & Minutes page, click on the City Council Meeting link. City Council meetings are also broadcast following each meeting through Spectrum Cable, Channel 3, daily at 12:00 p.m. and 7:00 p.m.

Public comments can be submitted by emailing [email protected], prior to 6:00 p.m. on the day of the meeting and will be distributed to the City Council and made available for public review.

PLEASE NOTE: The subject line of your public comment email must contain the Agenda item number or title. Public comments are a matter of public record, including content that include emails and addresses, so consider content and remove private information as you deem appropriate. ____
2 D. Approval of Warrants - December 12, 2023 (CC/HA/FA) It is recommended that the City Council approve the December 12, 2023 warrants.

E. Receive and File the Community Development Department Update It is recommended that the City Council receive and file the Community Development Department Update.

F. Receive and File the Parks and Recreation Department Update It is recommended that the City Council receive and file the Parks and Recreation Department Update.

G. Consideration of an Engineering and Landscape Design Contract with KHR Associates for Bid Documents and Final Engineering Plans and Construction Administration of the Highland Promenade and Authorization of a $116,800 Budget Amendment It is recommended that the City Council authorize the City Manager to Sign a Professional Services Agreement with KHR Associates for Engineering and Bid Document Design Services and construction administration of the Highland Promenade in the amount of $116,800.00.

H. Consideration of an Acquisition of an 8' Easement from Highland Industrial Center LLC, property owner of 1801 Highland Avenue for the Highland Promenade, and Approval of an Agreement for Purchase and Sale and a budget amendment to Gas Tax Fund (2205-8100) for $55,500 for the Acquisition
It is recommended that the City Council approve the agreement for purchase and sale and a budget amendment for $55,500 for the acquisition to Gas Tax Fund (2205-8100).

I. Receive and File the Duarte Housing Successor Annual Report for Fiscal Year 2022-23 It is recommended that the City Council receive and file the Duarte Housing Successor Annual Report regarding the Low- and Moderate-Income Asset Fund pursuant to California Health and Safety Code Section 34176.1(f).

8. ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

9. PUBLIC HEARINGS
A. Consideration to approve the City of Duarte's Community Development Block Grant (CDBG) Program - Proposed Program for Fiscal Year (FY) 2024-2025 (July 1, 2024 - June 30, 2025)
It is recommended that the City Council 1) conduct a public hearing and receive public testimony, 2) allocate approximately $131,200 in FY 2024-2025 CDBG funds to implement a new FY 2024-2025 CDBG Project, Installation of ADA compliant curb ramps, 3) authorize the City Manager, or designee, to execute all necessary contract documents in a form approved by the City Attorney, and 4) authorize the staff the ability to make adjustments due 3 to changes in CDBG funding allocations and/or as needed due to programmatic interpretations by the Los Angeles County Development Authority (LACDA).

10. BUSINESS ITEMS
A. Receive and File the Audited Financial Statements for Fiscal Year 2022-23 It is recommended that the City Council receive and file the audited financial statements for Fiscal Year 2022-23.

B. Consideration of a Professional Services Agreement with Magellan Advisors, LLC for Consulting Services for the Broadband Access and Connectivity Infrastructure Assessment It is recommended that the City Council authorize the City Manager to approve a Professional Services Agreement with Magellan Advisors, LLC, in the amount not to exceed $200,000 to conduct a Broadband Access and Connectivity Infrastructure Assessment.

C. Consideration of Proposal to Add Three Maintenance Technicians Positions and Remove Two Senior Maintenance Technician Positions
It is recommended that the City Council amend the 2023-24 General Fund Budget to include three maintenance technician positions and remove two senior maintenance technician positions and a related budget amendment for $25,000 in account 1410-7002.

D. Consideration of Professional Services Agreement with Aquatic Design Group, Inc. for Design Services for the Fitness Center Pool Deck Renovation; Budget Amendment It is recommended that the City Council 1) authorize the City Manager to execute this Professional Services Agreement with Aquatic Design Group, Inc. in the amount of $458,140 for design services for the Duarte Fitness Center Pool Deck Renovation, 2) Approve a budget amendment of $458,140 to the General Fund (100-1605-7965) and 3) direct staff to use Special Project General Funds or Undesignated General Funds.

E. Annual Appointment of City Councilmembers to Intergovernmental Organizations It is recommended that the City Council 1) appoint a Councilmember to the San Gabriel Valley Mosquito & Vector Control District Board of Trustees to serve a two or four year term and 2) make appointments to other intergovernmental organizations for the upcoming year.

11. CONTINUATION OF ORAL COMMUNICATIONS

12. ITEMS FROM CITY COUNCIL/HOUSING AUTHORITY/FINANCING AUTHORITY

MEMBERS AND CITY MANAGER/EXECUTIVE DIRECTOR/REPORTS OF MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3

13. ADJOURNMENT
.

AFFIDAVIT OF POSTING
4 I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following locations: City Hall – 1600 Huntington Drive, Duarte Public Safety Department – 1042 Huntington Drive, Duarte Library – 1301 Buena Vista Street, and the City of Duarte website (www.accessduarte.com) not less than 72 hours prior to the meeting per Government Code 54954.2.

Dated this 6th day of December, 2023.
5 ITEM: 1.A
City Manager Written Comments
Recommended Action:

Attachments:
1A - City Manager Written Comments.pdf
6 MEMORANDUM
TO: City Council
FROM: Brian Villalobos, City Manager
DATE: December 4, 2023
SUBJECT: Comments on Agenda Items, Meeting of December 12, 2023 ITEM 4.A. (Special Items). City Council/ Housing Authority/ Financing Authority Reorganization - Selection of Mayor/Chairperson (City Clerk Presiding).

ITEM 4.B. (Special Items). City Council/ Housing Authority/ Financing Authority Reorganization - Selection of Mayor Pro-Tem/Vice Chairperson (Mayor/Chairperson Presiding).

ITEM 4.C. (Special Items). Recess - Reception in honor of newly appointed Mayor.

ITEM 7.E. (Consent Calendar). The Community Development Department has submitted the monthly report for December 2023 for review.

ITEM 7.F. (Consent Calendar). The Parks and Recreation Department has submitted the monthly report for December 2023 for review.

ITEM 7.G. (Consent Calendar). Approval of a Professional Services Agreement with KHR, Inc. - The Duarte Station Specific Plan was adopted by the City Council in November of 2018. The specific plan guides the development of the area adjacent and north of the Metro A Line Station. One of the design elements of the plan was the proposal for a 33’ wide pedestrian zone (Promenade) along the west side of Highland Avenue north to the 210 Freeway. The promenade will be a mix of walkway, landscape, hardscape, public art and other elements. In 2020, the City hired KHR to develop a concept design for the Highland Promenade. Because KHR did an excellent job on the concept design part of this project, staff requested a proposal from KHR Associates for this project. The proposed contract includes the preparing plans and bid documents so that the project can go out to bid. It also includes construction oversight and working with SCE on the process to underground the two utility poles that are currently on the 1801 Highland property. There will be a $116,800.00 impact to the Gas Tax Fund (2205-8100), with an amendment to the FY 2023-24 adopted budget. This design project is necessary to prepare for construction of the Highland Promenade that is funded in part with a Measure M Grant. This project was included in the FY 2023/24 budget.

ITEM 7.H. (Consent Calendar). Approval of an Agreement for Purchase and Sale of an eight foot easement from Highland Industrial Center, LLC - The Highland Promenade is a pedestrian amenity that will consist of a 33’ wide pedestrian plaza amenity on the west side of Highland Avenue from the Metro A Line station to the 210 Freeway. The City received a Measure M Grant to complete the Highland Promenade and pedestrian upgrades on the south side of Duarte Road. The improvements on Duarte Road have already been completed. The Highland Promenade improvements have gone through concept design and are in the final construction plan phase. City Staff have been working with the property owners involved to get the appropriate easements or dedications. The entire Promenade build out requires an additional 25’ of right of way that would create a 33’ pedestrian zone. An appraisal was conducted to determine the fair market value of the additional right of way. The cost of property acquisition for the 1801 Highland Avenue and the 1716 Evergreen Street properties was far above the grant amount. Because of this, Staff and the City Attorney attempted to negotiate alternate solutions. The 1801 Highland property owner has agreed to provide an 8’ wide easement that will allow a portion of the Promenade to be constructed now. The proposed easement acquisition will allow the first phase of the Highland Promenade to proceed which will be a positive improvement for the area. The additional 8’ of right of way will result 7 in an overall 16’ of right of way area from the Metro A Line station to the Metro parking lot. This additional 8’ is for the entire 359.37 foot width of the property. The Metro Parking lot will soon be transitioning into a mixed use development. When that property is developed there will be an entire 33’ of right of way area in this portion of the Promenade. Sidewalk and lighting improvements will extend north to the Freeway.

The property owner is requesting $55,500 to cover the construction of a new sign, the installation of new front setback landscape and attorney fees in return for the proposed easement. Staff believes that this request is reasonable and the benefit will far outweigh the cost. There will be a $55,500 impact to the Gas Tax Fund (2205-8100), design and acquisition costs are a portion of the City’s match for the Measure M Grant that will fund the Highland Promenade.

ITEM 7.I. (Consent Calendar). Housing Successor Annual Report for the Fiscal Year 2022/23 - The Housing Successor Annual Report is a State Requirement for Housing Successors to Redevelopment Agencies. This Report provides the governing body of the Duarte Housing Authority, in its role as Housing Successor for the Duarte Redevelopment Agency, a comprehensive representation of the Housing Successor’s housing assets and activities. The Report is to be submitted to the California Department of Housing and Community Development (“HCD”) every December 31st and posted on the City of Duarte’s website. The Report must provide the Housing Successor’s Low- and Moderate-Income Housing Asset Fund’s balance, deposits, expenditures, transfers, current projects, acquisitions, obligations, income test, senior housing test, and excess surplus test. The Housing Asset Fund replaced the former Agency’s Lowand Moderate-Income Housing Fund. The Report will be submitted to HCD to comply with California Health and Safety Code Section 34176.1(f).

ITEM 9.A. (Public Hearing). CDBG Program Consideration to approve the City of Duarte’s CDBG Proposed Program for the Fiscal Year 2024/25 - Duarte has been a participating city in the Los Angeles County Development Authority’s federal Community Development Block Grant (CDBG) Program for many years. The City’s annual allocation of federal CDBG funds previously supported the successful construction of Americans with Disabilities Act (ADA) compliant improvements to City Hall, city streets, sidewalks and curb ramps. The mission of the CDBG Program is to principally benefit low and moderate income persons, aid in the prevention of neighborhood deterioration and meet other urgent community development needs. The Los Angeles County Development Authority requires participating cities to submit the proposed use of their annual CDBG allocation by February 1, 2024, including general project descriptions, budgets, and documentation of Council action and proof of public meeting notification. For purposes of budgeting, the estimated Fiscal Year (FY) 2024-2025 CDBG allocation will be approximately $131,200. The City’s final CDBG allocation will be announced by LACDA in spring 2024, and may vary within two to five percent, depending upon final federal budget appropriations. It is recommended that the City use $131,200 in FY 2024-2025 CDBG funds to initiate a new CDBG project, entitled, “Duarte Americans with Disabilities Act-Compliant Curb Ramps”. Approximately 10-15 ADA-Compliant Curb Ramps are expected to be installed throughout the City.

ITEM 10.A. (Business Item). Audited Financial Statements for Fiscal Year 2022/23 - After the end of each fiscal year, an independent accounting firm is used to conduct a financial audit of the City of Duarte, the Housing Authority and the Successor Agency of the former Redevelopment Agency (dissolved April 2022). Moss Levy and Hartzheim conducted our independent audit for fiscal year 2022/23. The auditor found the financial statements for the fiscal year ended June 30, 2023 to be prepared in accordance with generally accepted accounting principles and to fairly present the financial position of the City. We had one deficiency related to the recognition of lease receivables. The auditor recommended that the City formalize a policy over lease receivable recognition to ensure they are consistently recorded in accordance with GAAP. The original 2022/23 General Fund budget was adopted in June 2022 with a projected surplus of $1,258,600. At the mid-year review in February 2023, we projected that fiscal year 2022/23 would end with a surplus of $2.4 million. The City’s General Fund actually ended the fiscal year with a surplus of $3.1 million, which translates into $21.7 million in unrestricted cash, $4.9 million for special projects assigned 8 by the City Council, $2 million restricted specifically for improvements in the Town Center Specific Plan area, $240,000 for public art, $159,000 for pension costs, $94,000 for storm drain improvements, and $59,000 for vehicle replacement. Please note that staff will be bringing the 2023/24 midyear budget before the City Council in February 2024. We will discuss and analyze the fund balance more at that time, because the 2022/23 estimated fund balance was used when the City Council adopted the budget in June and now the actual ending fund balance will serve as a part of the 2023/24 mid-year analysis.

ITEM 10.B. (Business Item). Professional Services Agreement with Magellan Advisors, LLC for consulting services for the Broadband Access and Connectivity Infrastructure Assessment - Through advocacy from Assemblymember Blanca Rubio’s Office, the City was awarded $200,000 from the State of California Department of Technology to conduct an assessment to better understand where and why there are broadband connectivity gaps as well as understand how Duarte can best meet the growing digital demands of our community’s residents and businesses. To address these tasks, it is recommended that Magellan conduct a Broadband Access and Connectivity Infrastructure Assessment. Magellan has extensive experience conducting similar assessments throughout Southern California. Moreover, Magellan is currently working with the San Gabriel Valley Council of Governments (“SGVCOG”) to conduct its own regional assessment. The study will develop a gap analysis, identifying key issues and barriers related to ensuring that Duarte has reliable, equitable, and affordable broadband access as well as include recommendations to fill those gaps. In addition to developing a gap analysis, Magellan will also review City policies and recommend what policies can be made to align with current best practices to increase broadband infrastructure. It is anticipated that the work will be completed in approximately eight months after the kickoff meeting. The schedule assumes high engagement when surveying the community during the needs assessment portion of the study. If approved, preparation of this study would cost $199,695. $200,000 was included in the FY 2023-24 budget for the preparation of this study (Account No. 1010- 7965). The entire expense will be covered by funds awarded from the State Department of Technology.

ITEM 10.C. (Business Item). Approval of Budget Amendment to add three Maintenance Technician positions and remove two Senior Maintenance Technician positions - Currently, there are five budgeted positions in the Field Services division; one Field Services Manager and four Senior Maintenance Technicians. This has been the arrangement since 2014 when there were six budgeted positions. At that time, a Field Services Supervisor position was eliminated. Within the past two months, the City has lost two of the four Senior Maintenance Technicians who have left for similar positions in other cities. The recent recruitment was for both Senior Maintenance Technician and Maintenance Technician. There were no acceptable candidates for the Senior Maintenance Technician position but there were several good candidates for the Maintenance Technician position. This provided the opportunity to rethink the structure of the Field Services crew by hiring at the entry level, instead of the senior level positions and adding an additional position. The proposed additional crew position will increase efficiency in addressing workload issues and it will create a better balance with on-call assignments. The Maintenance Technician is an entry level position, so under this proposed staffing model, future advancement to Senior Maintenance Technician is anticipated and will support the City’s goal of encouraging professional development and succession planning. Any budget allocations necessary for this professional growth and advancement will be addressed as needed in future budgets. There will be an increase of $25,000 to the 2023-24 General Fund Budget to add the additional staff position. This impact will increase over time with salary step increases. The annual impact is estimated at $49,000.

ITEM 10.D. (Business Item). Professional Services Agreement with Aquatic Design Group, Inc. for Design Services for the Fitness Center Pool Deck Renovation - On September 12, 2023, the City Council accepted and commented on the completed Fitness Center and Swimming Pools Assessment, conducted by LPA and Aquatic Design Group, Inc. Based on that assessment, which details the swimming pools, deck area, and mechanical equipment’s existing conditions, code violations, deficiencies, and proposed improvements for restoration; the Council directed City staff to take the next steps to immediately repair 9 the fatigued deck in order to reopen the pools and deck for safe public use. Beyond the immediate repairs, the Council also requested that City staff start the process of obtaining contracted design services to address the larger infrastructure items identified in the assessment. On October 25, 2023, the City released a Request for Proposals (RFP) for Fitness Center Pool Deck Renovation Design Services. The response deadline closed on November 7, and although there were several inquiries from various firms, the City only received one response, from Aquatic Design Group, Inc.. Although the recently awarded work for the necessary deck repairs will be completed by the first full week in February of 2024 and comes with a warranty of five (5) years, staff is of the opinion that this is the time to prioritize City facilities infrastructure and take the necessary planning steps to bring the Fitness Center’s aquatic related amenities up to current code and to continue to meet stakeholder demand for high-quality aquatic recreational amenities. Moreover, this would ensure the City has a shovel ready infrastructure project that could begin construction in late 2024 or early 2025 if federal and/or state grant funding becomes available.

ITEM 10.E. (Business Item). Intergovernmental Appointments - Each year, the City Council appoints individual Councilmembers to serve as either a Delegate, Representative, Director or Alternate to numerous intergovernmental organizations. The San Gabriel Valley Mosquito & Vector Control District has notified the City that the term held by Councilmember Finlay, as the City of Duarte representative on the Board of Trustees will end on December 31, 2023. The City Council will need to either reappoint Councilmember Finlay or select another Councilmember for the next term of office which may be two or four years, at the discretion of the City Council prior to January 9, 2024. The City Council may also choose to change the City’s Representative/Delegate and/or Alternate to any other intergovernmental organization for which a current vacancy does not exist.

10 ITEM: 7.C
Approval of Minutes - November 28, 2023 Regular Meeting (CC/HA/FA) Recommended Action:

It is recommended that the City Council approve the November 28, 2023 Regular Meeting minutes.

Attachments:
7C - Minutes - November 28, 2023.pdf
11 11/28/2023 – PAGE 1

CITY OF DUARTE

MINUTES OF THE REGULAR JOINT MEETING OF THE CITY COUNCIL,

THE DUARTE HOUSING AUTHORITY, AND THE DUARTE COMMUNITY

FACILITIES FINANCING AUTHORITY
TUESDAY, NOVEMBER 28, 2023
7:00 PM – Regular Session

1. CALL TO ORDER
Mayor Schulz called the open session to order at 7:10 p.m.

ROLL CALL:

Councilmembers Present: Kang, Lewis, Garcia, Martin Del Campo, Schulz Councilmembers Absent: Finlay, Truong
Staff Present: Brian Villalobos, City Manager
Thai Viet Phan, City Attorney
Kristen Petersen, Assistant City Manager / Director of
Administrative Services
Craig Hensley, Director of Community Development
Manuel Enriquez, Director of Parks and Recreation
Larry Breceda, Director of Public Safety Services
Annette Juarez, City Clerk
Jason Golding, Planning Manager
Stephanie Sandoval, Public Works Manager
Scott Nash, Associate Planner
Andres Rangel, Assistant to the City Manager
Albert Nunez, Management Aide
Christine Soo, Deputy City Clerk/ Administrative Secretary

2. PLEDGE TO THE FLAG
The flag salute was led by Division II Fire Chief Steve Cabrera.

3. ADOPTION OF THE AGENDA
Moved by Councilmember Garcia, seconded by Councilmember Kang, and carried by the following vote of the Council to adopt the agenda.

AYES: KANG, LEWIS, GARCIA, MARTIN DEL CAMPO, SCHULZ
NOES: NONE
ABSTAIN: NONE
ABSENT: FINLAY, TRUONG

4. SPECIAL ITEMS
A. Mayor’s Youth Council
Representatives from the Mayor’s Youth Council announced events that they recently hosted.

They also announced that the Youth Council will also be hosting the annual homeless care package drive and selling coffee at the upcoming Holiday in the Park, and Teen Center’s Winter Holiday Festival event.

B. Public Safety Department Update
Public Safety Director Breceda introduced Division II Fire Chief Steve Cabrera and the City’s new Public Safety Manager, Bryan Ariizumi; he reported out on the decline of Part 1 crimes, the implementation of armed security in Walmart, and advised the public not to keep Christmas gifts inside their cars.
12 11/28/2023 – PAGE 2
C. Duarte Chamber of Commerce Quarterly Update
Dr. Greg Endelman, President of the Duarte Chamber of Commerce Board of Directors, provided an update on the Chamber’s deliverables reporting that the Chamber ended the 22-23 fiscal year with a $38k deficit with a large portion of the debt being credit card debt; he shared that the Chamber is working to refocus on their main mission; and expressed the Chamber is looking into options for cost reduction such as possibly eliminating the need for a brick and mortar building.

5. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
Joanna Gee, Duarte Library, announced upcoming library events.

Deputy City Clerk Soo announced upcoming city events.

6. ORAL COMMUNICATIONS – ITEMS NOT ON THE AGENDA
None.

7. CONSENT CALENDAR
A. Motion to read all Resolutions and ordinances presented for consideration by Title only and waive further reading. (CC/HA/FA)
B. Approval of absence(s) of City Councilmember(s) from the City Council meeting.

C. Approval of Minutes – November 14, 2023. (CC/HA/FA)
D. Approval of Warrants – November 28, 2023. (CC/HA/FA) E. Receive and file the Public Safety Department Update for November 2023.

F. Receive and file the Monthly Financial Update for September 2023.

Moved by Councilmember Martin Del Campo, seconded by Councilmember Garcia, and carried by the following vote of the Council to approve Items 7A-7F of the Consent Calendar.

AYES: KANG, LEWIS, GARCIA, MARTIN DEL CAMPO, SCHULZ
NOES: NONE
ABSTAIN: NONE
ABSENT: FINLAY, TRUONG

8. ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
None.

9. PUBLIC HEARINGS
None.

10. BUSINESS ITEMS
A. Election of San Gabriel Basin Water Quality Authority (WQA) Board Member and Alternate Public Comment:

Valerie Munoz shared that she currently serves on the San Gabriel Basin Water Quality Authority Board, and expressed that she would like to continue representing cities without pumping rights.

Councilmember Garcia thanked Valerie Munoz for speaking.

Moved by Councilmember Garcia, seconded by Councilmember Lewis, and carried by the following vote of the Council to adopt Resolution No. 23-21 to elect to vote for Valerie Munoz to 13 11/28/2023 – PAGE 3
the San Gabriel Basin Water Quality Authority Board to represent cities without water prescriptive rights.

AYES: KANG, LEWIS, GARCIA, MARTIN DEL CAMPO, SCHULZ
NOES: NONE
ABSTAIN: NONE
ABSENT: FINLAY, TRUONG
B. Consideration of a Memorandum of Understanding Between the Cities of Azusa, Duarte, and Irwindale to Collaborate on Services to Enhance Public Safety in the North San Gabriel Riverbed Area
Mayor Schulz reflected on the importance of the MOU between the three cities to improve the conditions in the north San Gabriel Riverbed area; she shared how the collaborative efforts contributed to an increase of clean-ups in the area and making the area safer for all three cities.

City Manager Villalobos added that the MOU had already been approved by the cities of Azusa and Irwindale; he also reported on potential funds and grants that the cities could apply for to increase safety in the area with the MOU in place.

Moved by Mayor Schulz, seconded by Councilmember Lewis, and carried by the following vote of the Council to approve and authorize the City Manager to sign a Memorandum of Understanding between the cities of Azusa, Duarte, and Irwindale to collaborate on services to enhance public safety in the North San Gabriel Riverbed.

AYES: KANG, LEWIS, GARCIA, MARTIN DEL CAMPO, SCHULZ
NOES: NONE
ABSTAIN: NONE
ABSENT: FINLAY, TRUONG
C. Discussion of Capital Improvement Plan
Mayor Schulz directed Staff to hire consultants to discuss with property owners on the north and south sides of the Town Business Center to identify options to make the areas safer and how to fill the vacancies.

Councilmember Kang proposed giving Huntington Drive a facelift and conformity.

In response to questions posed by Council, Community Development Director Hensley reported that the business center plan will be brought back at a future meeting.

The City Council received and filed the Capital Improvement Plan.

Assistant City Manager Petersen reported that the Capital Improvement Plan identifies funded and unfunded projects.

11. CONTINUATION OF ORAL COMMUNICATIONS
Steve Hernandez thanked the City for all the events put on by the Parks and Recreation department and he inquired about the City Council reorganization meeting.

12. ITEMS FROM CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/

FINANCING AUTHORITY MEMBERS AND CITY MANAGER/EXECUTIVE

DIRECTOR
City Manager Villalobos announced the upcoming departure of Deputy City Clerk Soo; and announced that the Duarte Route 66 Historic Art Piece Ribbon Cutting Ceremony would be taking place the following day.

Councilmember Martin Del Campo reported on attending the recent Duarte Community Coordinating Council meetings and the Foothill Goldline JPA meeting. 14 11/28/2023 – PAGE 4
Councilmember Garcia commended the City Manager’s Office for their work on the City’s social media highlights; he thanked the DART volunteers for their help in the recent clean-up event.

Councilmember Kang stated that he attended the Wild Stylez dance event and commended the teams who participated.

Councilmember Lewis thanked Parks and Recreation Director Enriquez for his work on the City events; and he provided direction to City Manager Villalobos to organize another clean-up on Duarte Road.

Mayor Schulz wished everyone a happy holiday season.

13. ADJOURNMENT
At 8:33 p.m., the City Council adjourned the meeting in honor of Nick Zigic. __________________________________
Jody Schulz, Mayor
_________________________________
Annette Juarez, City Clerk
15 ITEM: 7.D
Approval of Warrants - December 12, 2023 (CC/HA/FA)
Recommended Action:

It is recommended that the City Council approve the December 12, 2023 warrants.

Attachments:
7D - CC Warrant Register by Account 12-12-23.pdf
7D - CC Warrant Register by Vendor 12-12-23.pdf
16 12/6/2023 12:01:04 PM Page 1 of 12
Council Warrant Register By Account
City of Duarte By Fund
Payment Dates 11/30/2023 - 12/13/2023
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Fund: 100 - GENERAL FUND
100-1610-7618 SIMON EQUIPMENT RENTALS Roto Tiller Rental 219293 125.96 FC Drywall Repairs (Men's BD24-0679 171.28
Locker Room)
100-1610-7618 HOME DEPOT CREDIT SERVICES
100-1610-7618 HOME DEPOT CREDIT SERVICES ROP Gazebo Repair BD24-0679 69.46 100-1610-7618 HOME DEPOT CREDIT SERVICES Paint Supplies (Parks) BD24-0679 290.61 Facility Maintenance BD24-0679 214.09
Repairs/Supplies/Tools
100-1610-7618 HOME DEPOT CREDIT SERVICES
100-1610-7650 HOME DEPOT CREDIT SERVICES Vehicle 6 Toolbox BD24-0679 622.86 100-1610-7618 HOME DEPOT CREDIT SERVICES Work Gloves BD24-0679 36.87 100-1610-7618 HOME DEPOT CREDIT SERVICES Concrete Repairs BD24-0679 149.02 Facility Maintenance BD24-0679 235.21
Repairs/Supplies/Tools
100-1610-7618 HOME DEPOT CREDIT SERVICES
Tools for Parks/Yard Water BD24-0679 369.60
Filters
100-1610-7618 HOME DEPOT CREDIT SERVICES
GIS Services 9/1/2023 - 219260 2,940.00
9/30/2023
100-1405-7980 BUCKNAM INFRASTRUCTURE …
Electrical Repair (Beardslee BD24-0679 255.14
Park)
100-1610-7618 HOME DEPOT CREDIT SERVICES
100-1205-7614 HOME DEPOT CREDIT SERVICES Office Supplies BD24-0679 163.80 'White Christmas' 219292 150.00
Screening/Presentation
100-1605-7733 THEODORE SIEGEL
100-1410-7980 HOME DEPOT CREDIT SERVICES City Yard Supplies BD24-0679 127.58 Facility Maintenance BD24-0679 186.70
Repairs/Supplies/Tools
100-1610-7618 HOME DEPOT CREDIT SERVICES
Final PO #23-0016-R1-Mel Cyn 3939 2,432.00
Rd Stormwater Prjct
100-1405-7965 LAND DESIGN CONSULTANTS … 202316/1405-7965-Melcanyo… Westminster Gardens Specific 219284 1,488.75
Plan 9/2023 (R101010)
100-2121 MOORE IACOFANO GOLTSMA… 202417-dep-Westminister Ga… Facility Maintenance BD24-0679 247.58
Repairs/Supplies/Tools
100-1610-7618 HOME DEPOT CREDIT SERVICES
Halloween Carving Contest 219287 37.13
Drinks
100-1810-7980 RALPHS GROCERY COMPANY
Facility Maintenance BD24-0679 167.62
Repairs/Supplies/Tools
100-1610-7618 HOME DEPOT CREDIT SERVICES
100-1605-7732 TERRY QUINTANA 2023 City Picnic Car Show 219286 202403/1605-7732-Car Show … 578.25 100-1605-7732 JULIETTE ZAMORA 2023 City Picnic Car Show 219306 202403/1605-7732-Car Show … 578.25 100-1605-7732 ADRIAN ZAMORA 2023 City Picnic Car Show 219305 202403/1605-7732-Car Show … 578.25 100-1605-7732 EVAN BROWN 2023 City Picnic Car Show 219259 202403/1605-7732-Car Show … 578.25 Instructor Fee-Critical Reading 3917 140.00
S1 Fall
100-1605-7736 ANCOM GROUP INC
Facility Maintenance BD24-0679 725.58
Repairs/Supplies/Tools
100-1610-7618 HOME DEPOT CREDIT SERVICES
FY23 Year End Fieldwork-SBITA 3945 2,000.00
Calculation Work
100-1805-7654 MOSS, LEVY & HARTZHEIM LLP
FY23 Year End Fieldwork- 3945 6,700.00
Financial Statements
100-1805-7654 MOSS, LEVY & HARTZHEIM LLP
FY23 Year End Fieldwork-Single 3945 1,300.00
Audit
100-1805-7654 MOSS, LEVY & HARTZHEIM LLP
100-2125 REGIONAL TAP SERVICE CENT… TAP Card Reload 10/2023 219288 95.00 Paras-Caracci Park Renaming BD24-0679 71.63
Bolt Cutter
100-1610-7618 HOME DEPOT CREDIT SERVICES
100-1015-7684 CIVICA LAW GROUP, APC 1001 Las Lomas Legal 10/2023 3925 14,949.63 100-1015-7684 CIVICA LAW GROUP, APC 1307 Bloomdale Legal 10/2023 3925 4,747.90 General Code Enforcement 3925 2,520.90
Legal 10/2023
100-1015-7684 CIVICA LAW GROUP, APC
17 Council Warrant Register By Account Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:01:04 PM Page 2 of 12
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Mendoza v Duarte-Admin 3925 6,785.20
Appeal Legal 10/2023
100-1015-7684 CIVICA LAW GROUP, APC
100-1015-7684 CIVICA LAW GROUP, APC LASD Citations 10/2023 3925 6,000.00 LASD Citation Expenses 3925 7.60
10/2023
100-1015-7684 CIVICA LAW GROUP, APC
On-Call Consulting Services 3948 2,317.50
10/2023
100-1825-7687 R3 CONSULTING GROUP
Concrete Mow Strip-Rt 66 Sign BD24-0679 111.13
Project
100-1405-8100 HOME DEPOT CREDIT SERVICES 202317/1405-8100-Other Cap … 100-1810-7660 CALIFORNIA STATE DEPARTM… Fingerprint Apps 10/2023 3922 96.00 Halloween Howl Light Tower 3953 661.24
Rental
100-1605-7730 SUNBELT RENTALS INC
Industrial Waste Inspections 219265 1,429.61
10/2023
100-1405-7801 COUNTY OF LOS ANGELES DE…
Concrete Mow Strip-Route 66 BD24-0679 30.82
Sign Project
100-1405-8100 HOME DEPOT CREDIT SERVICES 202317/1405-8100-Other Cap … Instructor Fee-Summer 2023 3916 1,814.40
Karate
100-1605-7736 360 MARITAL ARTS ACADEMY …
Fuel-Facility Maintenance 219283 773.67
9/2023
100-1610-7650 CITY OF MONROVIA
100-1410-7650 CITY OF MONROVIA Fuel-Field Services 9/2023 219283 811.20 100-1605-7650 CITY OF MONROVIA Fuel-Parks & Rec 9/2023 219283 389.07 100-1205-7650 CITY OF MONROVIA Fuel-Public Safety 9/2023 219283 1,584.33 100-1205-7781 CITY OF MONROVIA Fuel-Sheriff's Dept 9/2023 219283 6,771.05 Fuel-Cmty Development 219283 127.56
9/2023
100-1405-7650 CITY OF MONROVIA
Concrete Mow Strip-Route 66 BD24-0679 224.74
Sign Project
100-1405-8100 HOME DEPOT CREDIT SERVICES 202317/1405-8100-Other Cap … Halloween Howl Light Tower 3953 428.39
Rental
100-1605-7730 SUNBELT RENTALS INC
Angela Chiaromonte SGV 219267 50.00
Chapter Mtg 11/29/23
100-1805-7610 CSMFO
Angela Chiaromonte 2024 219267 135.00
Membership
100-1805-7612 CSMFO
FY24 Town Ctr Backflows (3) 219264 111.00
Assembly
100-1610-7652 COUNTY OF LOS ANGELES DE…
FY24 Otis Gordon Sports Park 219264 37.00
Backflow Assembly
100-1415-7661 COUNTY OF LOS ANGELES DE…
100-1605-7735 SMART & FINAL TC Snack Bar Supplies 219294 20.47 100-1205-7980 ELIJAH MORALES DUSD Tutoring Program 219285 202211/1205-7980-Live Scan/… 240.00 100-1205-7980 JISSEL IBARRA DUSD Tutoring Program 219272 202211/1205-7980-Live Scan/… 120.00 100-1205-7980 ATHZIRI VILLA DUSD Tutoring Program 219302 202211/1205-7980-Live Scan/… 100.00 100-1205-7980 ATHZIRI VILLA DUSD Tutoring Program 219302 202211/1205-7980-Live Scan/… 98.87 100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 3924 25.69 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 3924 9.31 100-1610-7652 IMS REFRIGERATION INC SC Ice Machine Repair 3934 930.52 Const/Demo Deposit Refund 219296 500.00
(Pmt #2023-309)
100-2126 TOP ONE CONCRETE INC
Administrative Fee (Pmt 219296 -125.00
#2023-309)
100-5004 TOP ONE CONCRETE INC
Pmt #2023-483/1944 Atlin St 219299 1.00
Refund
100-2012 US DEVELOPERS INC
Pmt #2023-483/1944 Atlin St 219299 0.50
Refund
100-2013 US DEVELOPERS INC
Pmt #2023-483/1944 Atlin St 219299 239.30
Refund
100-4201 US DEVELOPERS INC
Communications & Social 3957 9,391.00
Media Mgmt 11/2023
100-1020-7712 TRIPEPI SMITH & ASSOCIATES
PEG Channel Management 3957 2,345.00
Services 11/2023
100-1020-7720 TRIPEPI SMITH & ASSOCIATES
100-1205-7781 LOS ANGELES COUNTY SHERIF…Sheriff Contract 10/2023 3942 442,977.02 100-1805-7614 STAPLES ADVANTAGE Office Supplies 3951 234.07 100-1825-7613 STAPLES ADVANTAGE Copier Paper 3951 205.90 18 Council Warrant Register By Account Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:01:04 PM Page 3 of 12
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Instructor Fee-Sewing Class Fall 3926 1,456.00
2023
100-1605-7736 HEULYN REGINA DUMAS-JOH…
FY24 Federal Grant 3940 702.00
Administration 10/2023
100-1405-7965 LDM ASSOCIATES INC
100-1605-7733 STAPLES ADVANTAGE SC Office Supplies 3951 225.01 100-1405-7614 STAPLES ADVANTAGE Office Supplies 3951 184.68 SC Thanksgiving Dinner 219294 386.81
Supplies
100-1605-7733 SMART & FINAL
100-1020-7980 STUBBIES PROMOTIONS INC Annual Employee Awards Gift 3952 1,937.81 100-1610-7652 ALBERTOS PLUMBING Senior Ctr Plumbing Repair 3918 550.00 100-1205-7614 SHAFFER AWARDS Bryan Arizumi Name Plate 219290 21.99 Emergency Generator 3954 160.00
Inspection 11/16/2023
100-1410-7656 SUNWEST ENGINEERING
100-1405-7650 10-8 RETROFIT INC Vehicle 33 Light Setup 3915 1,317.51 100-1405-7614 STAPLES ADVANTAGE Office Supplies 3951 55.78 100-1405-7614 STAPLES ADVANTAGE Office Supplies 3951 81.90 100-1205-7787 MVP, LLC Public Safety Lease 3946 13,664.83 100-1815-7965 MAXTREME INC IT Helpdesk 11/2023 3944 12,500.00 2023 Pool Closure/Aquatics 219252 90.62
Refund
100-4807 CHRISTOPHER AMURAO
2023 Pool Closure/Aquatics 219291 162.50
Refund
100-4807 MARY ANN SHINNICK
2023 Pool Closure/Aquatics 219278 206.25
Refund
100-4807 YI LOU
2023 Fall Swim Team Refund 219278 105.00
(Nan Jiang)
100-4804 YI LOU
2023 Pool Closure/Aquatics 219304 151.82
Refund
100-4807 NORMARIE WAYBOURN
2023 Fall Swim Team Refund 219271 105.00
(Grace Harbicht)
100-4804 MATT HARBICHT
2023 Fall Swim Team Refund 219282 105.00
(Simone Winer)
100-4804 MALLORY MCCREARY
2023 Fall Swim Team Refund 219261 120.00
(Audrey Camins)
100-4804 CINDY CAMINS
2023 Fall Swim Team Refund 219277 105.00
(Oliver Lopez-Duarte)
100-4804 JESSICA LOPEZ-DRIOTIS
2023 Fall Swim Team Refund 219277 105.00
(Amelie Lopez-Duarte)
100-4804 JESSICA LOPEZ-DRIOTIS
2023 Fall Swim Team Refund 219258 105.00
(Quinn Briggs)
100-4804 SHEILA BRIGGS
2023 Fall Swim Team Refund 219258 105.00
(Macie Briggs)
100-4804 SHEILA BRIGGS
2023 Fall Swim Team Refund 219295 105.00
(Lily Smith)
100-4804 ALISON SMITH
2023 Fall Swim Team Refund 219295 105.00
(Mackenzie Smith)
100-4804 ALISON SMITH
2023 Fall Swim Team Refund 219298 120.00
(Ashley Ta)
100-4804 PHUONG TRUONG
2023 Fall Swim Team Refund 219297 105.00
(Mykah Nguyen)
100-4804 VANDY TRAN
2023 Fall Swim Team Refund 219297 105.00
(Kynslie Lau)
100-4804 VANDY TRAN
2023 Fall Swim Team Refund 219297 105.00
(Vionna Lau)
100-4804 VANDY TRAN
2023 Pool Closure/Aquatics 219274 112.50
Refund
100-4807 MINA KASAMA
2023 Pool Closure/Aquatics 219276 92.50
Refund
100-4807 JIE LI
2023 Fall Swim Team Refund 219301 105.00
(Owen Vigil)
100-4804 LISA VIGIL
2023 Fall Swim Team Refund 219300 105.00
(Gabriel E Romero)
100-4804 ERIKA VARGAS
2023 Fall Swim Team Refund 219300 105.00
(Erik N Romero)
100-4804 ERIKA VARGAS
19 Council Warrant Register By Account Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:01:04 PM Page 4 of 12
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount 2023 Pool Closure/Aquatics 219270 14.84
Refund
100-4807 MATTHEW FORRESTER
2023 Pool Closure/Aquatics 219269 125.00
Refund
100-4807 MEGAN DUARTE
2023 Pool Closure/Aquatics 219289 175.01
Refund
100-4807 ANN RODRIGUEZ
2023 Pool Closure/Aquatics 219275 133.32
Refund
100-4807 EEWAN LAW
Excursion Transportation- 219273 1,575.50
Paramount Studios
100-1605-7750 INLAND EMPIRE STAGES LTD
100-1605-7739 THE SAUCE CREATIVE SERVICE…Holiday in the Park Signage 3956 854.68 City Picnic Beer Garden License 3927 100.00
Reimbursement
100-1605-7732 MANUEL ENRIQUEZ
Holiday Cheer (Quantity 6) 219266 240.00
12/7/2023
100-1605-7610 CPRS DISTRICT 13
Royal Oaks Annexation 219280 496.12
Workshop
100-1010-7980 MAX'S MEXICAN CUISINE
100-1020-7710 LUDECKE PROPERTY MANAG… Chamber Lease 12/2023 219279 1,600.00 100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 3924 25.69 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 3924 9.31 Holiday Tree Lighiting 219256 500.00
Gingerbread Man Treats
100-1020-7716 LINDA R SUSANA BEATTIE
100-1605-7739 CURO MANAGED PRINT PRO… Holiday Ornament Event Signs 219268 110.25 100-1605-7730 SMART & FINAL 2023 Turkey Trot Supplies 219294 151.21 100-1205-7614 DARRELL RAY CARROLL PS Office Keys 219263 24.81 100-1605-7733 STAPLES ADVANTAGE SC Large Envelopes 3951 16.97 100-1405-7614 STAPLES ADVANTAGE Office Supplies 3951 42.21 CCCA City Mgr Summit Parking 3964 16.50
Fee (USC Hotel)
100-1010-7610 U.S. BANK
Meeting w/ Captain Meza 3964 29.99
10/24/23 (Max's)
100-1010-7610 U.S. BANK
Alert Nunez MMASC Conf 3964 317.03
Hotel (Loews Hotel)
100-1010-7610 U.S. BANK
Refund-Andres Rangel CCCA 3964 -85.00
City Mgr's Summit
100-1010-7610 U.S. BANK
Meeting w/John Fasana 3964 40.18
11/14/23 (1913 Restaurant)
100-1010-7610 U.S. BANK
Pasadena Star News Online 3964 18.00
Subscription
100-1010-7612 U.S. BANK
100-1010-7614 U.S. BANK Office Supplies (Amazon) 3964 29.30 Route 66 Ribbon Cutting 3964 87.54
Ceremony (Amazon)
100-1010-7614 U.S. BANK
Instacart Subscription 3964 99.00
11/4/2023 - 11/3/2024
100-1010-7980 U.S. BANK
CC Mtg Dinner 10/24/23 3964 94.49
(Merengue Bakery)
100-1010-7980 U.S. BANK
CERT Community Clean-up 3964 11.85
Meal (Redwood Pizza)
100-1010-7980 U.S. BANK
CC Dinner 11/14/23 (Crumbl 3964 86.25
Cookies)
100-1010-7980 U.S. BANK
CC Mtg Dinner 10/24/23 3964 47.80
(Janet's)
100-1010-7980 U.S. BANK
Albert Nunez MMASC Webinar 3964 5.00
12/7/2023
100-1010-7980 U.S. BANK
DashPass 11/5/2023 - 3964 9.99
12/5/2023 (DoorDash)
100-1010-7980 U.S. BANK
100-1020-7712 U.S. BANK Spotify Subscription 3964 10.99 100-1020-7980 U.S. BANK City of Duarte SWAG (4Imprint) 3964 1,422.00 DART Community Clean-up 3964 23.69
Meal (Redwood Pizza)
100-1205-7779 U.S. BANK
CERT Community Clean-up 3964 11.85
Meal (Redwood Pizza)
100-1205-7980 U.S. BANK
Interview Panel Lunch 11/8/23 3959 119.23
(Hope Village)
100-1405-7610 U.S. BANK
20 Council Warrant Register By Account Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:01:04 PM Page 5 of 12
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Interview Panel Lunch Pkg 3959 8.00
11/8/23 (Hope Village)
100-1405-7610 U.S. BANK
Interview Panel Coffee 11/8/23 3959 23.50
(Starbucks)
100-1405-7610 U.S. BANK
Interview Panel Lunch 3959 157.59
11/15/23 (Heemo Sushi)
100-1405-7610 U.S. BANK
Small Christmas Stockings 3959 24.02
(Amazon)
100-1405-7614 U.S. BANK
2024 Daily Planner (Bownline 3959 45.46
USA)
100-1405-7614 U.S. BANK
Gerard Batista MSA Training & 3959 25.00
Lunch
100-1410-7610 U.S. BANK
(3) MSA Annual Holiday Lunch 3959 123.60
12/12/23
100-1410-7610 U.S. BANK
Thanksgiving Feast Supplies 3960 57.64
(Vons)
100-1020-7711 U.S. BANK
Employee Recognition 1/26/24 3960 155.83
Suppiles (Amazon)
100-1020-7711 U.S. BANK
Thanksgiving Feast Supplies 3960 95.79
(Home Depot)
100-1020-7711 U.S. BANK
Thanksgiving Raffle Prizes 3960 150.00
(Amazon)
100-1020-7711 U.S. BANK
Thanksgiving Feast Supplies 3960 211.03
(Costco)
100-1020-7711 U.S. BANK
Annual Awards Band Deposit 3960 850.00
1/26/24 (SitaraSon)
100-1020-7711 U.S. BANK
Netflix-Senior Ctr 11/4/23 - 3960 7.74
12/3/23
100-1605-7733 U.S. BANK
Netflix-Teen Ctr 11/4/23 - 3960 7.75
12/3/23
100-1605-7735 U.S. BANK
Excursion Tickets 11/18/23 3960 2,655.00
(Paramount Studio)
100-1605-7737 U.S. BANK
Staff Meeting Food 10/26/23 3960 89.90
(T Burgers)
100-1805-7610 U.S. BANK
Kristen Petersen Lunch Mtg 3960 44.38
w/Monrovia Staff (Sena)
100-1805-7610 U.S. BANK
Save the Date Announcement 3960 58.00
(Paperless Post)
100-1805-7610 U.S. BANK
Accounting for Capital Assets 3960 150.00
Webinar (CSMFO)
100-1805-7610 U.S. BANK
A Chiaromonte Annual GAAP 3960 135.00
Training 12/14/23 (GFOA)
100-1805-7610 U.S. BANK
Kristen Petersen GAAP Training 3960 180.00
11/2/23 (GFOA)
100-1805-7610 U.S. BANK
A Chiaromonte GFOA 3960 150.00
Membership 11/1/23-
10/31/24
100-1805-7612 U.S. BANK
Kristen Petersen 2024 CSMFO 3960 135.00
Membership
100-1805-7612 U.S. BANK
GAAFR Plus Subscription 3960 149.00
(GFOA)
100-1805-7612 U.S. BANK
Admin Srvcs Coffee Maker 3960 110.24
(Amazon)
100-1805-7614 U.S. BANK
Admin Srvcs Coffee Supplies 3960 129.10
(Amazon)
100-1805-7614 U.S. BANK
2023 Tax Forms (Tyler Business 3960 99.58
Forms)
100-1810-7614 U.S. BANK
Finance Webinar 11/7/23 - 3960 80.00
12/6/23 (Zoom)
100-1815-7632 U.S. BANK
Adobe Creative Cloud/Acrobat 3960 780.71
Pro 11/13/23-12/12/23
100-1815-7632 U.S. BANK
Adobe AcroPro 11/21/23 - 3960 12.24
12/12/23
100-1815-7632 U.S. BANK
Tzeitel Paras-Caracci Park 3961 65.00
Renaming (Starbucks)
100-1010-7980 U.S. BANK
21 Council Warrant Register By Account Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:01:04 PM Page 6 of 12
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Tzeitel Paras-Caracci Park 3961 15.25
Renamimg (Coffee Bean)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Pk 3961 505.73
Renaming (A1 Party Rent)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 3961 93.33
Renamimg (Smart&Final)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 3961 37.07
Renamimg (Costo)
100-1010-7980 U.S. BANK
Return-Tzeitel Paras-Caracci Pk 3961 -48.40
Rename (Michaels)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 3961 47.16
Renamimg (Miniso)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 3961 217.95
Renamimg (Winner Party)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 3961 109.69
Renamimg (Michaels)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 3961 104.19
Renamimg (Saniro)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 3961 103.75
Renamimg (Amazon)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 3961 217.00
Renamimg (SweetNothing)
100-1010-7980 U.S. BANK
Return-Tzeitel Paras-Caracci Pk 3961 -7.60
Renaming (Amazon)
100-1010-7980 U.S. BANK
Thanksgiving Feast 3961 148.54
Plates/Silverware (Amazon)
100-1020-7711 U.S. BANK
Tree Lighting Event Supplies 3961 109.86
(Michaels)
100-1020-7716 U.S. BANK
Tree Lighting Event Ribbon 3961 20.89
(Walmart)
100-1020-7716 U.S. BANK
Tree Lighting 3961 484.00
Tamales/Champurrado
(MariposaBakery)
100-1020-7716 U.S. BANK
Tree Lighting Snowflake Lights 3961 65.24
(Amazon)
100-1020-7716 U.S. BANK
Veterans Day Gift Cards 3961 150.00
(Amazon)
100-1020-7716 U.S. BANK
Veteran's Day Ceremony 3961 100.00
Coffee (Starbucks)
100-1020-7716 U.S. BANK
Tree Lighting/Holiday in Park 3961 287.73
Supplies (Amazon)
100-1020-7716 U.S. BANK
Holiday in the Park Trees 3961 529.17
(Amazon)
100-1020-7716 U.S. BANK
Tree Lighting Event Pastries 3961 220.00
(Mariposa Bakery)
100-1020-7716 U.S. BANK
Tree Lighting/Holdiay Park 3961 570.09
Photo Backdrop (Imagen)
100-1020-7716 U.S. BANK
Veteran's Day Event Snacks 3961 174.25
(Porto's Bakery)
100-1020-7716 U.S. BANK
Manuel Enriquez Mtg w/Staff 3961 47.05
(Cafe Cultura)
100-1605-7610 U.S. BANK
100-1605-7612 U.S. BANK Canva Subscription 3961 239.40
100-1605-7614 U.S. BANK AA Batteries (Amazon) 3961 20.72 100-1605-7614 U.S. BANK Specialist Calendar (Amazon) 3961 34.11 City Vehicle Air for Tire (76 Gas 3961 1.50
Station)
100-1605-7650 U.S. BANK
City Vehicle Car Wash (Nu Way 3961 37.98
Hand Wash)
100-1605-7650 U.S. BANK
City Vehicle Air in Tire (CSC 3961 2.00
Servicework)
100-1605-7650 U.S. BANK
P & R Commissioner Gifts 3961 22.40
(Coffee Bean & Tea)
100-1605-7691 U.S. BANK
P & R Commissioner Gifts 3961 90.00
(Hobby Lobby)
100-1605-7691 U.S. BANK
22 Council Warrant Register By Account Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:01:04 PM Page 7 of 12
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount P & R Commissioner Gifts 3961 82.50
(See's Candies)
100-1605-7691 U.S. BANK
P & R Commission Mtg 3961 20.90
Supplies (Home Goods)
100-1605-7691 U.S. BANK
P & R Commissioner Gifts 3961 142.82
(Crate & Barrel)
100-1605-7691 U.S. BANK
P & R Commissioner Gifts 3961 52.58
(Target)
100-1605-7691 U.S. BANK
Mayors Youth Council Dinner 3961 176.83
11/6/23 (The Habit)
100-1605-7693 U.S. BANK
Halloween Howl Supplies 3961 55.61
(Amazon)
100-1605-7730 U.S. BANK
Refund-Halloween Howl Hay 3961 -100.00
Bales (Kruse Feed)
100-1605-7730 U.S. BANK
Balance-Halloween Booth 3961 470.00
Rental (PBG Entertainment)
100-1605-7730 U.S. BANK
Ribbon for Holiday Events 3961 72.43
(Paper Source)
100-1605-7730 U.S. BANK
Halloween Howl Family 3961 75.00
Contest Winner Gift (Max's)
100-1605-7730 U.S. BANK
Halloween Howl Pizza (Little 3961 112.32
Caesars)
100-1605-7730 U.S. BANK
Dia De Los Muertos Event 3961 46.50
Supplies (Amazon)
100-1605-7730 U.S. BANK
Dept Table Cover Cleaning 3961 50.00
(Natures Cleaners)
100-1605-7730 U.S. BANK
Holiday Special Event Supplies 3961 238.00
(Aldik Home)
100-1605-7730 U.S. BANK
SC Thanksgiving Dinner 3961 185.00
Centerpieces (Quality)
100-1605-7733 U.S. BANK
SC Special Event Holiday Gift 3961 163.22
Cards (Amazon)
100-1605-7733 U.S. BANK
SC Holiday Pickleball Party Gifts 3961 129.98
(Amazon)
100-1605-7733 U.S. BANK
SC Thanksgiving Dinner Pies & 3961 161.67
Plates (Costco)
100-1605-7733 U.S. BANK
100-1605-7733 U.S. BANK SC Bingo Prizes (Subway) 3961 100.00 SC Adhesive Strips/Pickleballs 3961 158.24
(Amazon)
100-1605-7733 U.S. BANK
100-1605-7733 U.S. BANK SC Wood Vases (Amazon) 3961 66.12 Senior Ctr Red Ribbon 3961 46.73
(Amazon)
100-1605-7733 U.S. BANK
Duarte Dance Jackets/Varsity 3961 491.56
Letters (Amazon)
100-1605-7735 U.S. BANK
Wild Stylez Dance Competition 3961 225.00
Gift Cards (Amazon)
100-1605-7735 U.S. BANK
Deposit-Whale Watching 3961 420.68
2/21/2024 (Davey's Locker)
100-1605-7737 U.S. BANK
Excursion Box Lunches-Getty 3961 407.49
Museum (Subway)
100-1605-7737 U.S. BANK
End of Season Sports Party 3961 131.04
(Little Caesars)
100-1605-7741 U.S. BANK
End of Season Sports Party 3961 94.98
(Little Caesars)
100-1605-7741 U.S. BANK
TC Boxing Mouthguards/Water 3961 59.51
Bottles (Amazon)
100-1605-7745 U.S. BANK
100-1605-7980 U.S. BANK Decoration Supplies (Amazon) 3961 24.23 Staff Meeting Snacks (Sweet 3961 17.50
Nothings Cake Shop)
100-1605-7980 U.S. BANK
100-1605-7980 U.S. BANK Bags (CVS Pharmacy) 3961 5.49
Clean Tablecloths (Quick Clean 3961 425.00
Cleaners)
100-1610-7618 U.S. BANK
100-1610-7618 U.S. BANK Building Supplies (Aldik Home) 3961 237.76 100-1610-7618 U.S. BANK Vacuum Bags (Amazon) 3961 72.56 23 Council Warrant Register By Account Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:01:04 PM Page 8 of 12
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Special Event Sound System 3961 3,748.69
(SP BYFP PRO)
100-1610-7618 U.S. BANK
100-1610-7618 U.S. BANK Council Drinks (Instacart) 3961 71.18 100-1610-7618 U.S. BANK Microphone Covers (Amazon) 3961 17.26 Halloween Carving Contest 3961 188.17
Food (WingStop)
100-1810-7980 U.S. BANK
Halloween Carving Contest 3961 48.25
Food (Sweet Nothings)
100-1810-7980 U.S. BANK
100-1405-8100 HOME DEPOT CREDIT SERVICES Early Pay Discount (#1030032) BD24-0679 202317/1405-8100-Other Cap … -0.56 100-1405-8100 HOME DEPOT CREDIT SERVICES Early Pay Discount (#30113) BD24-0679 202317/1405-8100-Other Cap … -4.08 Instructor Fee-Karate Mini 3916 910.00
Session 8/25/23-9/15/23
100-1605-7736 360 MARITAL ARTS ACADEMY …
Instructor Fee-Steam 3967 436.80
Workshop 11/20/23 - 11/22/23
100-1605-7736 YOUNG REMBRANDTS
Instructor Fee-Ballet & 3965 1,407.00
Ballet/Tap Combo Fall 2023
100-1605-7736 JOVANA VILLEGAS
Instrctor Fee-Culinary Class Fall 3965 630.00
2023
100-1605-7736 JOVANA VILLEGAS
100-4816 PAUL AVILA Ballroom Dance Class Refund 219255 35.00 Santa for Hire-Duarte Event 219303 200.00
12/13/2023
100-1020-7716 DAVID WALLACH
Santa for Hire-Duarte Event 219303 100.00
11/30/2023
100-1020-7716 DAVID WALLACH
Santa for Hire-Duarte Event 219303 100.00
12/14/2023
100-1020-7716 DAVID WALLACH
Santa for Hire-Duarte Event 219303 200.00
12/15/2023
100-1020-7716 DAVID WALLACH
Santa for Hire-Duarte Event 219303 200.00
12/10/2023
100-1020-7716 DAVID WALLACH
Senior Ctr Sewing Class 3926 320.00
12/2023
100-1605-7733 HEULYN REGINA DUMAS-JOH…
100-1020-7716 SMART & FINAL Holiday Event Candy Canes 219294 239.88 ROP Bldg Rent Deposit Refund 219253 150.00
11/18/23
100-2120 ROSSANA ARCHILA
Instructor Payment-Vocal Class 3919 145.60
S2 Fall
100-1605-7736 ARK INTERNATIONAL INC
100-1805-7653 SMART & FINAL Card Replacement Fee 219251 25.00 SC Holiday Brunch 219262 150.00
Entertainment
100-1605-7733 RODOLFO CARDENAS
Excursion Refund-Holiday in 219281 42.30
Solvang
100-4806 NINA MCCOMB
Route 66 Sign Project 3921 251.37
Landscape Mulch
100-1405-8100 CAL BLEND SOILS INC 202317/1405-8100-Other Cap … City Hall Janitorial Srvcs 3935 1,723.28
12/2023
100-1610-7652 INX BUILDING MAINTENANCE
100-1005-7640 CESAR A GARCIA Council Vehicle Allowance 3931 75.00 100-1005-7641 TERA MARTIN DEL CAMPO Council Vehicle Allowance 3943 75.00 100-1005-7642 MARGARET FINLAY Council Vehicle Allowance 3930 75.00 100-1005-7643 VINH TRUONG Council Vehicle Allowance 3958 75.00 100-1005-7644 JODY ERRANDI SCHULZ Council Vehicle Allowance 3950 75.00 100-1005-7648 SAMUEL KANG Council Vehicle Allowance 3937 75.00 100-1005-7650 TONEY LEWIS Council Vehicle Allowance 3941 75.00 Health Insurance 3923 566.00
Reimbursement
100-1825-7674 EFREN CASTRO
Health Insurance 3949 566.00
Reimbursement
100-1825-7674 TERESA RENTERIA
Health Insurance 3933 435.00
Reimbursement
100-1825-7674 LINDA HENDERSON
Health Insurance 3928 435.00
Reimbursement
100-1825-7674 STEVE ESBENSHADE
Health Insurance 219257 435.00
Reimbursement
100-1825-7674 CATHERINE BRATTA
Health Insurance 3938 435.00
Reimbursement
100-1825-7674 JIM KIRCHNER
24 Council Warrant Register By Account Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:01:04 PM Page 9 of 12
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Health Insurance 3929 435.00
Reimbursement
100-1825-7674 JOHN FASANA
Health Insurance 3955 566.00
Reimbursement
100-1825-7674 MICHAEL TARR
Health Insurance 3920 218.00
Reimbursement
100-1825-7674 JACQUELINE BURCKHARD
NeoGov Renewal 2/15/2024 - 3932 6,640.72
2/14/2025
100-1810-7672 GOVERNMENTJOBS.COM INC
Fund 100 - GENERAL FUND Total: 617,948.43
Fund: 220 - GAS TAX FUN
220-2210-7813 JCL TRAFFIC SERVICES Replacement Parking Signs 3936 681.49 220-2210-7813 JCL TRAFFIC SERVICES Permit Parking Only Signs 3936 401.74 220-2210-7813 JCL TRAFFIC SERVICES New Traffic Control Signs 3936 1,007.24 Fund 220 - GAS TAX FUN Total: 2,090.47
Fund: 240 - LIGHTING AND LANDSCAPE DISTRICT FUND
240-2405-7888 HOME DEPOT CREDIT SERVICES Street Light Supplies BD24-0679 308.70 240-2430-7887 HOME DEPOT CREDIT SERVICES Mesa Gas Lamp Repair BD24-0679 53.16 240-2430-7887 HOME DEPOT CREDIT SERVICES Mesa Gas Lamp Repairs BD24-0679 22.17 Traffic Signal Maintenance 219265 4,948.20
10/2023
240-2405-7890 COUNTY OF LOS ANGELES DE…
FY24 Amberwood LLD 219264 37.00
Backflow Assembly
240-2423-7887 COUNTY OF LOS ANGELES DE…
FY24 Royal Oaks Park 219264 148.00
Backflows (4) Assembly
240-2410-7662 COUNTY OF LOS ANGELES DE…
FY24 Beardslee Park Backflow 219264 37.00
Assembly
240-2410-7662 COUNTY OF LOS ANGELES DE…
FY24 Aloysia Moore Park 219264 37.00
Backflow Assembly
240-2410-7662 COUNTY OF LOS ANGELES DE…
FY24 Paras-Caracci Park 219264 37.00
Backflow Assembly
240-2410-7662 COUNTY OF LOS ANGELES DE…
FY24 Hacienda Park Backflow 219264 37.00
Assembly
240-2410-7662 COUNTY OF LOS ANGELES DE…
FY24 Duarte Park Backflow 219264 37.00
Assembly
240-2410-7662 COUNTY OF LOS ANGELES DE…
240-2410-7662 WEST COAST ARBORISTS INC Risk Assessment Report 3966 923.00 (2) Speed Radar Device 3959 1,111.30
Batteries (Interstate)
240-2405-7890 U.S. BANK
Fund 240 - LIGHTING AND LANDSCAPE DISTRICT FUND Total: 7,736.53 Fund: 290 - SUPPLEMENTAL LAW ENFORCEMENT FUND
290-2905-7781 LOS ANGELES COUNTY SHERIF…Sheriff Contract 10/2023 3942 11,916.67 Fund 290 - SUPPLEMENTAL LAW ENFORCEMENT FUND Total: 11,916.67 Fund: 400 - PARK DEVELOPMENT GRANT FUND
Fish Cyn Trail 3947 4,607.02
Restoration/Access Planning
9/2023
400-4005-7965 NATURE FOR ALL 202214-Exp-Fish Cyn Trail Res… Design Services-Duarte Park 219284 2,645.75
Revitalization 10/2023
400-4005-8041 MOORE IACOFANO GOLTSMA… 202213-Capial Exp-Duarte Par… Fund 400 - PARK DEVELOPMENT GRANT FUND Total: 7,252.77
Fund: 440 - PROPOSITION A TRANSIT FUND
Fuel-Transportation Dept 219283 293.39
9/2023
440-4405-7650 CITY OF MONROVIA
Yard Supplies 219254 64.28
(Lightbulbs/Motor
Oil/Prestone)
440-4405-7650 AUTOZONE
Fund 440 - PROPOSITION A TRANSIT FUND Total: 357.67
Grand Total: 647,302.54
25 Council Warrant Register By Account Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:01:04 PM Page 10 of 12
Report Summary
Fund Summary
Fund Payment Amount
100 - GENERAL FUND 617,948.43
220 - GAS TAX FUN 2,090.47
240 - LIGHTING AND LANDSCAPE DISTRICT FUND 7,736.53
290 - SUPPLEMENTAL LAW ENFORCEMENT FUND 11,916.67
400 - PARK DEVELOPMENT GRANT FUND 7,252.77
440 - PROPOSITION A TRANSIT FUND 357.67
Grand Total: 647,302.54
Account Summary
Account Number Account Name Payment Amount
100-1005-7640 Travel & Exp - Garcia 75.00
100-1005-7641 Travel & Exp - Martin Del… 75.00
100-1005-7642 Travel & Exp - Finlay 75.00
100-1005-7643 Travel & Exp - Truong 75.00
100-1005-7644 Travel & Exp - Schulz 75.00
100-1005-7648 Travel & Exp - Kang 75.00
100-1005-7650 Travel & Exp - Lewis 75.00
100-1010-7610 Travel, Mtgs & Conf 318.70
100-1010-7612 Publications and Dues 18.00
100-1010-7614 Office Supplies 116.84
100-1010-7980 Other Expenses 2,310.62
100-1015-7684 Code Enforcement Legal 35,011.23
100-1020-7710 Chamber Of Commerce 1,600.00
100-1020-7711 Employee Recognition C… 1,668.83
100-1020-7712 Community Information … 9,401.99
100-1020-7716 Special Community Even… 4,251.11
100-1020-7720 DCTV 2,345.00
100-1020-7980 Other Expenses 3,359.81
100-1205-7614 Office Supplies 210.60
100-1205-7650 Vehicle Maintenance 1,584.33
100-1205-7779 Youth Programs 23.69
100-1205-7781 Contract Law Enforceme… 449,748.07
100-1205-7787 Public Safety Cntr Lease 13,664.83
100-1205-7980 Other Expenses 570.72
100-1405-7610 Travel, Mtgs & Conf 308.32
100-1405-7614 Office Supplies 434.05
100-1405-7650 Vehicle Maintenance 1,445.07
100-1405-7801 Industrial Waste Inspect… 1,429.61
100-1405-7965 Professional Services 3,134.00
100-1405-7980 Other Expenses 2,940.00
100-1405-8100 Other Capital Improvem… 613.42
100-1410-7610 Travel, Mtgs & Conf 148.60
100-1410-7650 Vehicle Maintenance 811.20
100-1410-7656 Emergency Generator 160.00
100-1410-7980 Other Expenses 127.58
100-1415-7661 Other Serv-Sports Park 37.00
100-1605-7610 Travel, Mtgs & Conf 287.05
100-1605-7612 Publications and Dues 239.40
100-1605-7614 Office Supplies 54.83
100-1605-7650 Vehicle Maintenance 430.55
100-1605-7691 Parks & Rec Commission 411.20
100-1605-7693 Youth Council 176.83
100-1605-7730 Special Events 2,260.70
100-1605-7732 City Picnic 2,413.00
100-1605-7733 Senior Center 2,267.49
100-1605-7735 Teen Center 744.78
100-1605-7736 Youth & Adult Recreatio… 6,939.80
26 Council Warrant Register By Account Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:01:04 PM Page 11 of 12
Account Summary
Account Number Account Name Payment Amount
100-1605-7737 Adult Excursions 3,483.17
100-1605-7739 Publicity 964.93
100-1605-7741 Sports/Playground Progr… 226.02
100-1605-7745 Boxing Program 59.51
100-1605-7750 Bus Rentals 1,575.50
100-1605-7980 Other Expenses 47.22
100-1610-7618 Building Supplies 7,888.80
100-1610-7636 Uniforms 51.38
100-1610-7650 Vehicle Maintenance 1,396.53
100-1610-7652 Building Maint Services 3,333.42
100-1805-7610 Travel, Mtgs & Conf 707.28
100-1805-7612 Publications and Dues 569.00
100-1805-7614 Office Supplies 473.41
100-1805-7653 Bank Charges 25.00
100-1805-7654 Audit Services 10,000.00
100-1810-7614 Office Supplies 99.58
100-1810-7660 Other Services 96.00
100-1810-7672 Neogov Program Costs 6,640.72
100-1810-7980 Other Expenses 273.55
100-1815-7632 Software 872.95
100-1815-7965 Professional Services 12,500.00
100-1825-7613 Duplications And Photos 205.90
100-1825-7674 Retiree Health Insurance 4,091.00
100-1825-7687 Waste Mgmt Services 2,317.50
100-2012 Green Building Fees Pay… 1.00
100-2013 Strong Motions Fees Pay… 0.50
100-2120 Refundable Deposits 150.00
100-2121 Pass Through Deposits 1,488.75
100-2125 Metro Pass Through (TA… 95.00
100-2126 Construction and Demoli… 500.00
100-4201 Building Permits 239.30
100-4804 Swim Team Fees 1,815.00
100-4806 Excursion Fees 42.30
100-4807 Health Membership Fees 1,264.36
100-4816 Senior Recreation Class … 35.00
100-5004 Other Revenue -125.00
220-2210-7813 Regulatory Signs 2,090.47
240-2405-7888 Repairs-Citywide 308.70
240-2405-7890 Repairs-Traffic Signal 6,059.50
240-2410-7662 Other Serv-Citywide 1,256.00
240-2423-7887 Repairs & Replacements 37.00
240-2430-7887 Repairs & Replacements 75.33
290-2905-7781 Contract Law Enforceme… 11,916.67
400-4005-7965 Professional Services 4,607.02
400-4005-8041 Park Improvements (Cap… 2,645.75
440-4405-7650 Vehicle Maintenance 357.67
Grand Total: 647,302.54
Project Account Summary
Project Account Key Payment Amount
**None** 632,643.73
202211/1205-7980-Live Scan/APU Tutors/DUSD FY21-23 558.87 202213-Capial Exp-Duarte Park Improvements 2,645.75
202214-Exp-Fish Cyn Trail Restoration/Access Plan 4,607.02 202316/1405-7965-Melcanyon Debris Catch Basin 2,432.00
202317/1405-8100-Other Cap Improv-Route 66 Art 613.42
202403/1605-7732-Car Show Registration-City Picnic 2,313.00 27 Council Warrant Register By Account Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:01:04 PM Page 12 of 12
Project Account Summary
Project Account Key Payment Amount
202417-dep-Westminister Garden Specific Plan & EIR 1,488.75 Grand Total: 647,302.54
28 12/6/2023 12:04:51 PM Page 1 of 17
Council Warrant Register By Vendor
City of Duarte By Fund
Payment Dates 11/30/2023 - 12/13/2023
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Fund: 100 - GENERAL FUND
Vendor: 4209 - 10-8 RETROFIT INC
100-1405-7650 10-8 RETROFIT INC Vehicle 33 Light Setup 19809 1,317.51 Vendor 4209 - 10-8 RETROFIT INC Total: 1,317.51
Vendor: 6393 - 360 MARITAL ARTS ACADEMY INC
Instructor Fee-Summer 2023 2023 Summer 1,814.40
Karate
100-1605-7736 360 MARITAL ARTS ACADEMY …
Instructor Fee-Karate Mini 8 910.00
Session 8/25/23-9/15/23
100-1605-7736 360 MARITAL ARTS ACADEMY …
Vendor 6393 - 360 MARITAL ARTS ACADEMY INC Total: 2,724.40 Vendor: 6554 - ADRIAN ZAMORA
100-1605-7732 ADRIAN ZAMORA 2023 City Picnic Car Show 6811 202403/1605-7732-Car Show … 578.25 Vendor 6554 - ADRIAN ZAMORA Total: 578.25
Vendor: 5561 - ALBERTOS PLUMBING
100-1610-7652 ALBERTOS PLUMBING Senior Ctr Plumbing Repair 681913 550.00 Vendor 5561 - ALBERTOS PLUMBING Total: 550.00
Vendor: T4751 - ALISON SMITH
2023 Fall Swim Team Refund 2000418.004 105.00
(Lily Smith)
100-4804 ALISON SMITH
2023 Fall Swim Team Refund 2000419.004 105.00
(Mackenzie Smith)
100-4804 ALISON SMITH
Vendor T4751 - ALISON SMITH Total: 210.00
Vendor: 4645 - ANCOM GROUP INC
Instructor Fee-Critical Reading FL23-1R 140.00
S1 Fall
100-1605-7736 ANCOM GROUP INC
Vendor 4645 - ANCOM GROUP INC Total: 140.00
Vendor: T4749 - ANN RODRIGUEZ
2023 Pool Closure/Aquatics 2000431.004 175.01
Refund
100-4807 ANN RODRIGUEZ
Vendor T4749 - ANN RODRIGUEZ Total: 175.01
Vendor: 6429 - ARK INTERNATIONAL INC
Instructor Payment-Vocal Class 10230 145.60
S2 Fall
100-1605-7736 ARK INTERNATIONAL INC
Vendor 6429 - ARK INTERNATIONAL INC Total: 145.60
Vendor: 6450 - ATHZIRI VILLA
100-1205-7980 ATHZIRI VILLA DUSD Tutoring Program 10/2023 202211/1205-7980-Live Scan/… 100.00 100-1205-7980 ATHZIRI VILLA DUSD Tutoring Program 11/2023 202211/1205-7980-Live Scan/… 98.87 Vendor 6450 - ATHZIRI VILLA Total: 198.87
Vendor: 5820 - BUCKNAM INFRASTRUCTURE GROUP INC
GIS Services 9/1/2023 - 352-07.01R 2,940.00
9/30/2023
100-1405-7980 BUCKNAM INFRASTRUCTURE …
Vendor 5820 - BUCKNAM INFRASTRUCTURE GROUP INC Total: 2,940.00 Vendor: 1888 - CAL BLEND SOILS INC
Route 66 Sign Project 80424 251.37
Landscape Mulch
100-1405-8100 CAL BLEND SOILS INC 202317/1405-8100-Other Cap … Vendor 1888 - CAL BLEND SOILS INC Total: 251.37
Vendor: 0065 - CALIFORNIA STATE DEPARTMENT OF JUSTICE
100-1810-7660 CALIFORNIA STATE DEPARTM… Fingerprint Apps 10/2023 691963 96.00 Vendor 0065 - CALIFORNIA STATE DEPARTMENT OF JUSTICE Total: 96.00 29 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 2 of 17
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 0028 - CATHERINE BRATTA
Health Insurance 12/2023 435.00
Reimbursement
100-1825-7674 CATHERINE BRATTA
Vendor 0028 - CATHERINE BRATTA Total: 435.00
Vendor: 6340 - CESAR A GARCIA
100-1005-7640 CESAR A GARCIA Council Vehicle Allowance 12/2023 75.00 Vendor 6340 - CESAR A GARCIA Total: 75.00
Vendor: T4738 - CHRISTOPHER AMURAO
2023 Pool Closure/Aquatics 2000404.004 90.62
Refund
100-4807 CHRISTOPHER AMURAO
Vendor T4738 - CHRISTOPHER AMURAO Total: 90.62
Vendor: T4739 - CINDY CAMINS
2023 Fall Swim Team Refund 2000412.004 120.00
(Audrey Camins)
100-4804 CINDY CAMINS
Vendor T4739 - CINDY CAMINS Total: 120.00
Vendor: 5140 - CINTAS CORPORATION #693
100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 4173906143 25.69 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 4173906143 9.31 100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 4174818445 25.69 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 4174818445 9.31 Vendor 5140 - CINTAS CORPORATION #693 Total: 70.00
Vendor: 0903 - CITY OF MONROVIA
Fuel-Facility Maintenance 2400706 773.67
9/2023
100-1610-7650 CITY OF MONROVIA
100-1410-7650 CITY OF MONROVIA Fuel-Field Services 9/2023 2400707 811.20 100-1605-7650 CITY OF MONROVIA Fuel-Parks & Rec 9/2023 2400708 389.07 100-1205-7650 CITY OF MONROVIA Fuel-Public Safety 9/2023 2400709 1,584.33 100-1205-7781 CITY OF MONROVIA Fuel-Sheriff's Dept 9/2023 2400710 6,771.05 Fuel-Cmty Development 2400712 127.56
9/2023
100-1405-7650 CITY OF MONROVIA
Vendor 0903 - CITY OF MONROVIA Total: 10,456.88
Vendor: 6483 - CIVICA LAW GROUP, APC
100-1015-7684 CIVICA LAW GROUP, APC 1001 Las Lomas Legal 10/2023 11333 14,949.63 100-1015-7684 CIVICA LAW GROUP, APC 1307 Bloomdale Legal 10/2023 11334 4,747.90 General Code Enforcement 11335 2,520.90
Legal 10/2023
100-1015-7684 CIVICA LAW GROUP, APC
Mendoza v Duarte-Admin 11336 6,785.20
Appeal Legal 10/2023
100-1015-7684 CIVICA LAW GROUP, APC
100-1015-7684 CIVICA LAW GROUP, APC LASD Citations 10/2023 11337 6,000.00 LASD Citation Expenses 11338 7.60
10/2023
100-1015-7684 CIVICA LAW GROUP, APC
Vendor 6483 - CIVICA LAW GROUP, APC Total: 35,011.23
Vendor: 0890 - COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH FY24 Town Ctr Backflows (3) IN1299194 111.00
Assembly
100-1610-7652 COUNTY OF LOS ANGELES DE…
FY24 Otis Gordon Sports Park IN1302641 37.00
Backflow Assembly
100-1415-7661 COUNTY OF LOS ANGELES DE…
Vendor 0890 - COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH Total: 148.00 Vendor: 2028 - COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS Industrial Waste Inspections 23110602531 1,429.61
10/2023
100-1405-7801 COUNTY OF LOS ANGELES DE…
Vendor 2028 - COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS Total: 1,429.61 Vendor: 0868 - CPRS DISTRICT 13
Holiday Cheer (Quantity 6) CPRS D208 Event 240.00
12/7/2023
100-1605-7610 CPRS DISTRICT 13
Vendor 0868 - CPRS DISTRICT 13 Total: 240.00
Vendor: 4171 - CSMFO
Angela Chiaromonte SGV 200020254 50.00
Chapter Mtg 11/29/23
100-1805-7610 CSMFO
30 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 3 of 17
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Angela Chiaromonte 2024 300013157 135.00
Membership
100-1805-7612 CSMFO
Vendor 4171 - CSMFO Total: 185.00
Vendor: 5494 - CURO MANAGED PRINT PRODUCTION
100-1605-7739 CURO MANAGED PRINT PRO… Holiday Ornament Event Signs 7275 110.25 Vendor 5494 - CURO MANAGED PRINT PRODUCTION Total: 110.25 Vendor: 5025 - DARRELL RAY CARROLL
100-1205-7614 DARRELL RAY CARROLL PS Office Keys 25025 24.81 Vendor 5025 - DARRELL RAY CARROLL Total: 24.81
Vendor: 6434 - DAVID WALLACH
Santa for Hire-Duarte Event 2256 200.00
12/13/2023
100-1020-7716 DAVID WALLACH
Santa for Hire-Duarte Event 2256 200.00
12/10/2023
100-1020-7716 DAVID WALLACH
Santa for Hire-Duarte Event 2256 100.00
12/14/2023
100-1020-7716 DAVID WALLACH
Santa for Hire-Duarte Event 2256 100.00
11/30/2023
100-1020-7716 DAVID WALLACH
Santa for Hire-Duarte Event 2256 200.00
12/15/2023
100-1020-7716 DAVID WALLACH
Vendor 6434 - DAVID WALLACH Total: 800.00
Vendor: T4744 - EEWAN LAW
2023 Pool Closure/Aquatics 2000432.004 133.32
Refund
100-4807 EEWAN LAW
Vendor T4744 - EEWAN LAW Total: 133.32
Vendor: 1533 - EFREN CASTRO
Health Insurance 12/2023 566.00
Reimbursement
100-1825-7674 EFREN CASTRO
Vendor 1533 - EFREN CASTRO Total: 566.00
Vendor: 6460 - ELIJAH MORALES
100-1205-7980 ELIJAH MORALES DUSD Tutoring Program 10/2/23 - 10/30/23 202211/1205-7980-Live Scan/… 240.00 Vendor 6460 - ELIJAH MORALES Total: 240.00
Vendor: T4754 - ERIKA VARGAS
2023 Fall Swim Team Refund 2000427.004 105.00
(Gabriel E Romero)
100-4804 ERIKA VARGAS
2023 Fall Swim Team Refund 2000428.004 105.00
(Erik N Romero)
100-4804 ERIKA VARGAS
Vendor T4754 - ERIKA VARGAS Total: 210.00
Vendor: 6552 - EVAN BROWN
100-1605-7732 EVAN BROWN 2023 City Picnic Car Show 6812 202403/1605-7732-Car Show … 578.25 Vendor 6552 - EVAN BROWN Total: 578.25
Vendor: 5687 - GOVERNMENTJOBS.COM INC
NeoGov Renewal 2/15/2024 - INV-38924 6,640.72
2/14/2025
100-1810-7672 GOVERNMENTJOBS.COM INC
Vendor 5687 - GOVERNMENTJOBS.COM INC Total: 6,640.72
Vendor: 6002 - HEULYN REGINA DUMAS-JOHNSON
Instructor Fee-Sewing Class Fall 6 1,456.00
2023
100-1605-7736 HEULYN REGINA DUMAS-JOH…
Senior Ctr Sewing Class 6-SC 320.00
12/2023
100-1605-7733 HEULYN REGINA DUMAS-JOH…
Vendor 6002 - HEULYN REGINA DUMAS-JOHNSON Total: 1,776.00 Vendor: 0788 - HOME DEPOT CREDIT SERVICES
FC Drywall Repairs (Men's 4514879 171.28
Locker Room)
100-1610-7618 HOME DEPOT CREDIT SERVICES
100-1610-7618 HOME DEPOT CREDIT SERVICES ROP Gazebo Repair 4520252 69.46 100-1610-7618 HOME DEPOT CREDIT SERVICES Paint Supplies (Parks) 1544520 290.61 Facility Maintenance 0544773 214.09
Repairs/Supplies/Tools
100-1610-7618 HOME DEPOT CREDIT SERVICES
100-1610-7650 HOME DEPOT CREDIT SERVICES Vehicle 6 Toolbox 3544223 622.86 31 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 4 of 17
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount 100-1610-7618 HOME DEPOT CREDIT SERVICES Work Gloves 2152632 36.87 100-1610-7618 HOME DEPOT CREDIT SERVICES Concrete Repairs 2604693 149.02 Facility Maintenance 523269 235.21
Repairs/Supplies/Tools
100-1610-7618 HOME DEPOT CREDIT SERVICES
Tools for Parks/Yard Water 5541299 369.60
Filters
100-1610-7618 HOME DEPOT CREDIT SERVICES
Electrical Repair (Beardslee 542277 255.14
Park)
100-1610-7618 HOME DEPOT CREDIT SERVICES
100-1205-7614 HOME DEPOT CREDIT SERVICES Office Supplies 6344548 163.80 100-1410-7980 HOME DEPOT CREDIT SERVICES City Yard Supplies 3300458 127.58 Facility Maintenance 2511307 186.70
Repairs/Supplies/Tools
100-1610-7618 HOME DEPOT CREDIT SERVICES
Facility Maintenance 5522966 247.58
Repairs/Supplies/Tools
100-1610-7618 HOME DEPOT CREDIT SERVICES
Facility Maintenance 4024322 167.62
Repairs/Supplies/Tools
100-1610-7618 HOME DEPOT CREDIT SERVICES
Facility Maintenance 9143728 725.58
Repairs/Supplies/Tools
100-1610-7618 HOME DEPOT CREDIT SERVICES
Paras-Caracci Park Renaming 8115753 71.63
Bolt Cutter
100-1610-7618 HOME DEPOT CREDIT SERVICES
Concrete Mow Strip-Rt 66 Sign 6422363 111.13
Project
100-1405-8100 HOME DEPOT CREDIT SERVICES 202317/1405-8100-Other Cap … Concrete Mow Strip-Route 66 1030032 30.82
Sign Project
100-1405-8100 HOME DEPOT CREDIT SERVICES 202317/1405-8100-Other Cap … Concrete Mow Strip-Route 66 0030113 224.74
Sign Project
100-1405-8100 HOME DEPOT CREDIT SERVICES 202317/1405-8100-Other Cap … 100-1405-8100 HOME DEPOT CREDIT SERVICES Early Pay Discount (#1030032) 611234168027690 202317/1405-8100-Other Cap … -0.56 100-1405-8100 HOME DEPOT CREDIT SERVICES Early Pay Discount (#30113) 611234168027690 202317/1405-8100-Other Cap … -4.08 Vendor 0788 - HOME DEPOT CREDIT SERVICES Total: 4,466.68 Vendor: 1614 - IMS REFRIGERATION INC
100-1610-7652 IMS REFRIGERATION INC SC Ice Machine Repair 54499 930.52 Vendor 1614 - IMS REFRIGERATION INC Total: 930.52
Vendor: 1465 - INLAND EMPIRE STAGES LTD
Excursion Transportation- 60411 1,575.50
Paramount Studios
100-1605-7750 INLAND EMPIRE STAGES LTD
Vendor 1465 - INLAND EMPIRE STAGES LTD Total: 1,575.50
Vendor: 6309 - INX BUILDING MAINTENANCE
City Hall Janitorial Srvcs 981432 1,723.28
12/2023
100-1610-7652 INX BUILDING MAINTENANCE
Vendor 6309 - INX BUILDING MAINTENANCE Total: 1,723.28
Vendor: 3821 - JACQUELINE BURCKHARD
Health Insurance 12/2023 218.00
Reimbursement
100-1825-7674 JACQUELINE BURCKHARD
Vendor 3821 - JACQUELINE BURCKHARD Total: 218.00
Vendor: T4746 - JESSICA LOPEZ-DRIOTIS
2023 Fall Swim Team Refund 2000413.004 105.00
(Oliver Lopez-Duarte)
100-4804 JESSICA LOPEZ-DRIOTIS
2023 Fall Swim Team Refund 2000414.004 105.00
(Amelie Lopez-Duarte)
100-4804 JESSICA LOPEZ-DRIOTIS
Vendor T4746 - JESSICA LOPEZ-DRIOTIS Total: 210.00
Vendor: T4745 - JIE LI
2023 Pool Closure/Aquatics 2000425.004 92.50
Refund
100-4807 JIE LI
Vendor T4745 - JIE LI Total: 92.50
Vendor: 0128 - JIM KIRCHNER
Health Insurance 12/2023 435.00
Reimbursement
100-1825-7674 JIM KIRCHNER
Vendor 0128 - JIM KIRCHNER Total: 435.00
32 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 5 of 17
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 6550 - JISSEL IBARRA
100-1205-7980 JISSEL IBARRA DUSD Tutoring Program 10/2/23 - 10/30/23 202211/1205-7980-Live Scan/… 120.00 Vendor 6550 - JISSEL IBARRA Total: 120.00
Vendor: 6204 - JODY ERRANDI SCHULZ
100-1005-7644 JODY ERRANDI SCHULZ Council Vehicle Allowance 12/2023 75.00 Vendor 6204 - JODY ERRANDI SCHULZ Total: 75.00
Vendor: 0086 - JOHN FASANA
Health Insurance 12/2023 435.00
Reimbursement
100-1825-7674 JOHN FASANA
Vendor 0086 - JOHN FASANA Total: 435.00
Vendor: T3851 - JOVANA VILLEGAS
Instructor Fee-Ballet & 135826 1,407.00
Ballet/Tap Combo Fall 2023
100-1605-7736 JOVANA VILLEGAS
Instrctor Fee-Culinary Class Fall 135827 630.00
2023
100-1605-7736 JOVANA VILLEGAS
Vendor T3851 - JOVANA VILLEGAS Total: 2,037.00
Vendor: 6553 - JULIETTE ZAMORA
100-1605-7732 JULIETTE ZAMORA 2023 City Picnic Car Show 6810 202403/1605-7732-Car Show … 578.25 Vendor 6553 - JULIETTE ZAMORA Total: 578.25
Vendor: 5828 - LAND DESIGN CONSULTANTS INC
Final PO #23-0016-R1-Mel Cyn 2309018 2,432.00
Rd Stormwater Prjct
100-1405-7965 LAND DESIGN CONSULTANTS … 202316/1405-7965-Melcanyo… Vendor 5828 - LAND DESIGN CONSULTANTS INC Total: 2,432.00 Vendor: 5438 - LDM ASSOCIATES INC
FY24 Federal Grant 8009 702.00
Administration 10/2023
100-1405-7965 LDM ASSOCIATES INC
Vendor 5438 - LDM ASSOCIATES INC Total: 702.00
Vendor: 5060 - LINDA HENDERSON
Health Insurance 12/2023 435.00
Reimbursement
100-1825-7674 LINDA HENDERSON
Vendor 5060 - LINDA HENDERSON Total: 435.00
Vendor: 6551 - LINDA R SUSANA BEATTIE
Holiday Tree Lighiting 556376 500.00
Gingerbread Man Treats
100-1020-7716 LINDA R SUSANA BEATTIE
Vendor 6551 - LINDA R SUSANA BEATTIE Total: 500.00
Vendor: T4755 - LISA VIGIL
2023 Fall Swim Team Refund 2000426.004 105.00
(Owen Vigil)
100-4804 LISA VIGIL
Vendor T4755 - LISA VIGIL Total: 105.00
Vendor: 0056 - LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
100-1205-7781 LOS ANGELES COUNTY SHERIF…Sheriff Contract 10/2023 240994EC 442,977.02 Vendor 0056 - LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Total: 442,977.02 Vendor: 5698 - LUDECKE PROPERTY MANAGEMENT INC
100-1020-7710 LUDECKE PROPERTY MANAG… Chamber Lease 12/2023 1735-huntplaz-1223 1,600.00 Vendor 5698 - LUDECKE PROPERTY MANAGEMENT INC Total: 1,600.00 Vendor: T4748 - MALLORY MCCREARY
2023 Fall Swim Team Refund 2000411.004 105.00
(Simone Winer)
100-4804 MALLORY MCCREARY
Vendor T4748 - MALLORY MCCREARY Total: 105.00
Vendor: 6039 - MANUEL ENRIQUEZ
City Picnic Beer Garden License 9/21/2023 100.00
Reimbursement
100-1605-7732 MANUEL ENRIQUEZ
Vendor 6039 - MANUEL ENRIQUEZ Total: 100.00
Vendor: 0285 - MARGARET FINLAY
100-1005-7642 MARGARET FINLAY Council Vehicle Allowance 12/2023 75.00 Vendor 0285 - MARGARET FINLAY Total: 75.00
33 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 6 of 17
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: T4750 - MARY ANN SHINNICK
2023 Pool Closure/Aquatics 2000405.004 162.50
Refund
100-4807 MARY ANN SHINNICK
Vendor T4750 - MARY ANN SHINNICK Total: 162.50
Vendor: T4742 - MATT HARBICHT
2023 Fall Swim Team Refund 2000410.004 105.00
(Grace Harbicht)
100-4804 MATT HARBICHT
Vendor T4742 - MATT HARBICHT Total: 105.00
Vendor: T4741 - MATTHEW FORRESTER
2023 Pool Closure/Aquatics 2000429.004 14.84
Refund
100-4807 MATTHEW FORRESTER
Vendor T4741 - MATTHEW FORRESTER Total: 14.84
Vendor: 5711 - MAX'S MEXICAN CUISINE
Royal Oaks Annexation 11/14/2023 496.12
Workshop
100-1010-7980 MAX'S MEXICAN CUISINE
Vendor 5711 - MAX'S MEXICAN CUISINE Total: 496.12
Vendor: 4286 - MAXTREME INC
100-1815-7965 MAXTREME INC IT Helpdesk 11/2023 13705 12,500.00 Vendor 4286 - MAXTREME INC Total: 12,500.00
Vendor: T4740 - MEGAN DUARTE
2023 Pool Closure/Aquatics 2000430.004 125.00
Refund
100-4807 MEGAN DUARTE
Vendor T4740 - MEGAN DUARTE Total: 125.00
Vendor: 1042 - MICHAEL TARR
Health Insurance 12/2023 566.00
Reimbursement
100-1825-7674 MICHAEL TARR
Vendor 1042 - MICHAEL TARR Total: 566.00
Vendor: T4743 - MINA KASAMA
2023 Pool Closure/Aquatics 2000424.004 112.50
Refund
100-4807 MINA KASAMA
Vendor T4743 - MINA KASAMA Total: 112.50
Vendor: 5454 - MOORE IACOFANO GOLTSMAN INC
Westminster Gardens Specific 0083312 1,488.75
Plan 9/2023 (R101010)
100-2121 MOORE IACOFANO GOLTSMA… 202417-dep-Westminister Ga… Vendor 5454 - MOORE IACOFANO GOLTSMAN INC Total: 1,488.75 Vendor: 5794 - MOSS, LEVY & HARTZHEIM LLP
FY23 Year End Fieldwork- 14543-Revised 6,700.00
Financial Statements
100-1805-7654 MOSS, LEVY & HARTZHEIM LLP
FY23 Year End Fieldwork-SBITA 14543-Revised 2,000.00
Calculation Work
100-1805-7654 MOSS, LEVY & HARTZHEIM LLP
FY23 Year End Fieldwork-Single 14543-Revised 1,300.00
Audit
100-1805-7654 MOSS, LEVY & HARTZHEIM LLP
Vendor 5794 - MOSS, LEVY & HARTZHEIM LLP Total: 10,000.00 Vendor: 2461 - MVP, LLC
100-1205-7787 MVP, LLC Public Safety Lease 12/2023 13,664.83 Vendor 2461 - MVP, LLC Total: 13,664.83
Vendor: T4759 - NINA MCCOMB
Excursion Refund-Holiday in 2000416.005 42.30
Solvang
100-4806 NINA MCCOMB
Vendor T4759 - NINA MCCOMB Total: 42.30
Vendor: T4756 - NORMARIE WAYBOURN
2023 Pool Closure/Aquatics 2000408.004 151.82
Refund
100-4807 NORMARIE WAYBOURN
Vendor T4756 - NORMARIE WAYBOURN Total: 151.82
Vendor: T4731 - PAUL AVILA
100-4816 PAUL AVILA Ballroom Dance Class Refund 2000413.005 35.00 Vendor T4731 - PAUL AVILA Total: 35.00
34 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 7 of 17
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: T4753 - PHUONG TRUONG
2023 Fall Swim Team Refund 2000420.004 120.00
(Ashley Ta)
100-4804 PHUONG TRUONG
Vendor T4753 - PHUONG TRUONG Total: 120.00
Vendor: 6372 - R3 CONSULTING GROUP
On-Call Consulting Services 123008 2,317.50
10/2023
100-1825-7687 R3 CONSULTING GROUP
Vendor 6372 - R3 CONSULTING GROUP Total: 2,317.50
Vendor: 0768 - RALPHS GROCERY COMPANY
Halloween Carving Contest 077665 37.13
Drinks
100-1810-7980 RALPHS GROCERY COMPANY
Vendor 0768 - RALPHS GROCERY COMPANY Total: 37.13
Vendor: 6057 - REGIONAL TAP SERVICE CENTER
100-2125 REGIONAL TAP SERVICE CENT… TAP Card Reload 10/2023 6021295 95.00 Vendor 6057 - REGIONAL TAP SERVICE CENTER Total: 95.00
Vendor: 6293 - RODOLFO CARDENAS
SC Holiday Brunch 12/14/2023 150.00
Entertainment
100-1605-7733 RODOLFO CARDENAS
Vendor 6293 - RODOLFO CARDENAS Total: 150.00
Vendor: T3262 - ROSSANA ARCHILA
ROP Bldg Rent Deposit Refund R101480 150.00
11/18/23
100-2120 ROSSANA ARCHILA
Vendor T3262 - ROSSANA ARCHILA Total: 150.00
Vendor: 5263 - SAMUEL KANG
100-1005-7648 SAMUEL KANG Council Vehicle Allowance 12/2023 75.00 Vendor 5263 - SAMUEL KANG Total: 75.00
Vendor: 0202 - SHAFFER AWARDS
100-1205-7614 SHAFFER AWARDS Bryan Arizumi Name Plate 7695 21.99 Vendor 0202 - SHAFFER AWARDS Total: 21.99
Vendor: T4240 - SHEILA BRIGGS
2023 Fall Swim Team Refund 2000416.004 105.00
(Quinn Briggs)
100-4804 SHEILA BRIGGS
2023 Fall Swim Team Refund 2000417.004 105.00
(Macie Briggs)
100-4804 SHEILA BRIGGS
Vendor T4240 - SHEILA BRIGGS Total: 210.00
Vendor: 0206 - SIMON EQUIPMENT RENTALS
100-1610-7618 SIMON EQUIPMENT RENTALS Roto Tiller Rental 154690 125.96 Vendor 0206 - SIMON EQUIPMENT RENTALS Total: 125.96
Vendor: 0209 - SMART & FINAL
100-1605-7735 SMART & FINAL TC Snack Bar Supplies 707299 20.47 SC Thanksgiving Dinner 581099 386.81
Supplies
100-1605-7733 SMART & FINAL
100-1605-7730 SMART & FINAL 2023 Turkey Trot Supplies 195700 151.21 100-1020-7716 SMART & FINAL Holiday Event Candy Canes 763300 239.88 100-1805-7653 SMART & FINAL Card Replacement Fee 11302023 25.00 Vendor 0209 - SMART & FINAL Total: 823.37
Vendor: 2688 - STAPLES ADVANTAGE
100-1805-7614 STAPLES ADVANTAGE Office Supplies 3552632666 234.07 100-1825-7613 STAPLES ADVANTAGE Copier Paper 3552632666 205.90 100-1605-7733 STAPLES ADVANTAGE SC Office Supplies 3552692617 225.01 100-1405-7614 STAPLES ADVANTAGE Office Supplies 3552692618 184.68 100-1405-7614 STAPLES ADVANTAGE Office Supplies 3552910571 55.78 100-1405-7614 STAPLES ADVANTAGE Office Supplies 3552910572 81.90 100-1605-7733 STAPLES ADVANTAGE SC Large Envelopes 3553062854 16.97 100-1405-7614 STAPLES ADVANTAGE Office Supplies 3553062855 42.21 Vendor 2688 - STAPLES ADVANTAGE Total: 1,046.52
35 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 8 of 17
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 0083 - STEVE ESBENSHADE
Health Insurance 12/2023 435.00
Reimbursement
100-1825-7674 STEVE ESBENSHADE
Vendor 0083 - STEVE ESBENSHADE Total: 435.00
Vendor: 6343 - STUBBIES PROMOTIONS INC
100-1020-7980 STUBBIES PROMOTIONS INC Annual Employee Awards Gift 23223 1,937.81 Vendor 6343 - STUBBIES PROMOTIONS INC Total: 1,937.81
Vendor: 6462 - SUNBELT RENTALS INC
Halloween Howl Light Tower 146593482-0001 661.24
Rental
100-1605-7730 SUNBELT RENTALS INC
Halloween Howl Light Tower 146593482-0002 428.39
Rental
100-1605-7730 SUNBELT RENTALS INC
Vendor 6462 - SUNBELT RENTALS INC Total: 1,089.63
Vendor: 1610 - SUNWEST ENGINEERING
Emergency Generator SA-39355 160.00
Inspection 11/16/2023
100-1410-7656 SUNWEST ENGINEERING
Vendor 1610 - SUNWEST ENGINEERING Total: 160.00
Vendor: 6457 - TERA MARTIN DEL CAMPO
100-1005-7641 TERA MARTIN DEL CAMPO Council Vehicle Allowance 12/2023 75.00 Vendor 6457 - TERA MARTIN DEL CAMPO Total: 75.00
Vendor: 3904 - TERESA RENTERIA
Health Insurance 12/2023 566.00
Reimbursement
100-1825-7674 TERESA RENTERIA
Vendor 3904 - TERESA RENTERIA Total: 566.00
Vendor: 6445 - TERRY QUINTANA
100-1605-7732 TERRY QUINTANA 2023 City Picnic Car Show 6807 202403/1605-7732-Car Show … 578.25 Vendor 6445 - TERRY QUINTANA Total: 578.25
Vendor: 4241 - THE SAUCE CREATIVE SERVICES CORP
100-1605-7739 THE SAUCE CREATIVE SERVICE…Holiday in the Park Signage 6562 854.68 Vendor 4241 - THE SAUCE CREATIVE SERVICES CORP Total: 854.68 Vendor: 5544 - THEODORE SIEGEL
'White Christmas' 12/21/2023 150.00
Screening/Presentation
100-1605-7733 THEODORE SIEGEL
Vendor 5544 - THEODORE SIEGEL Total: 150.00
Vendor: 6100 - TONEY LEWIS
100-1005-7650 TONEY LEWIS Council Vehicle Allowance 12/2023 75.00 Vendor 6100 - TONEY LEWIS Total: 75.00
Vendor: T4758 - TOP ONE CONCRETE INC
Const/Demo Deposit Refund R100058 500.00
(Pmt #2023-309)
100-2126 TOP ONE CONCRETE INC
Administrative Fee (Pmt R100058 -125.00
#2023-309)
100-5004 TOP ONE CONCRETE INC
Vendor T4758 - TOP ONE CONCRETE INC Total: 375.00
Vendor: 5284 - TRIPEPI SMITH & ASSOCIATES
Communications & Social 11212 9,391.00
Media Mgmt 11/2023
100-1020-7712 TRIPEPI SMITH & ASSOCIATES
PEG Channel Management 11213 2,345.00
Services 11/2023
100-1020-7720 TRIPEPI SMITH & ASSOCIATES
Vendor 5284 - TRIPEPI SMITH & ASSOCIATES Total: 11,736.00 Vendor: 4484 - U.S. BANK
Alert Nunez MMASC Conf 11272023BV 317.03
Hotel (Loews Hotel)
100-1010-7610 U.S. BANK
Refund-Andres Rangel CCCA 11272023BV -85.00
City Mgr's Summit
100-1010-7610 U.S. BANK
Meeting w/ Captain Meza 11272023BV 29.99
10/24/23 (Max's)
100-1010-7610 U.S. BANK
CCCA City Mgr Summit Parking 11272023BV 16.50
Fee (USC Hotel)
100-1010-7610 U.S. BANK
36 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 9 of 17
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Meeting w/John Fasana 11272023BV 40.18
11/14/23 (1913 Restaurant)
100-1010-7610 U.S. BANK
Pasadena Star News Online 11272023BV 18.00
Subscription
100-1010-7612 U.S. BANK
100-1010-7614 U.S. BANK Office Supplies (Amazon) 11272023BV 29.30 Route 66 Ribbon Cutting 11272023BV 87.54
Ceremony (Amazon)
100-1010-7614 U.S. BANK
Instacart Subscription 11272023BV 99.00
11/4/2023 - 11/3/2024
100-1010-7980 U.S. BANK
CC Mtg Dinner 10/24/23 11272023BV 94.49
(Merengue Bakery)
100-1010-7980 U.S. BANK
CC Dinner 11/14/23 (Crumbl 11272023BV 86.25
Cookies)
100-1010-7980 U.S. BANK
CC Mtg Dinner 10/24/23 11272023BV 47.80
(Janet's)
100-1010-7980 U.S. BANK
CERT Community Clean-up 11272023BV 11.85
Meal (Redwood Pizza)
100-1010-7980 U.S. BANK
DashPass 11/5/2023 - 11272023BV 9.99
12/5/2023 (DoorDash)
100-1010-7980 U.S. BANK
Albert Nunez MMASC Webinar 11272023BV 5.00
12/7/2023
100-1010-7980 U.S. BANK
100-1020-7712 U.S. BANK Spotify Subscription 11272023BV 10.99 100-1020-7980 U.S. BANK City of Duarte SWAG (4Imprint) 11272023BV 1,422.00 DART Community Clean-up 11272023BV 23.69
Meal (Redwood Pizza)
100-1205-7779 U.S. BANK
CERT Community Clean-up 11272023BV 11.85
Meal (Redwood Pizza)
100-1205-7980 U.S. BANK
Interview Panel Lunch Pkg 11272023CH 8.00
11/8/23 (Hope Village)
100-1405-7610 U.S. BANK
Interview Panel Lunch 11272023CH 157.59
11/15/23 (Heemo Sushi)
100-1405-7610 U.S. BANK
Interview Panel Lunch 11/8/23 11272023CH 119.23
(Hope Village)
100-1405-7610 U.S. BANK
Interview Panel Coffee 11/8/23 11272023CH 23.50
(Starbucks)
100-1405-7610 U.S. BANK
2024 Daily Planner (Bownline 11272023CH 45.46
USA)
100-1405-7614 U.S. BANK
Small Christmas Stockings 11272023CH 24.02
(Amazon)
100-1405-7614 U.S. BANK
(3) MSA Annual Holiday Lunch 11272023CH 123.60
12/12/23
100-1410-7610 U.S. BANK
Gerard Batista MSA Training & 11272023CH 25.00
Lunch
100-1410-7610 U.S. BANK
Thanksgiving Feast Supplies 11272023KP 95.79
(Home Depot)
100-1020-7711 U.S. BANK
Thanksgiving Raffle Prizes 11272023KP 150.00
(Amazon)
100-1020-7711 U.S. BANK
Employee Recognition 1/26/24 11272023KP 155.83
Suppiles (Amazon)
100-1020-7711 U.S. BANK
Annual Awards Band Deposit 11272023KP 850.00
1/26/24 (SitaraSon)
100-1020-7711 U.S. BANK
Thanksgiving Feast Supplies 11272023KP 57.64
(Vons)
100-1020-7711 U.S. BANK
Thanksgiving Feast Supplies 11272023KP 211.03
(Costco)
100-1020-7711 U.S. BANK
Netflix-Senior Ctr 11/4/23 - 11272023KP 7.74
12/3/23
100-1605-7733 U.S. BANK
Netflix-Teen Ctr 11/4/23 - 11272023KP 7.75
12/3/23
100-1605-7735 U.S. BANK
Excursion Tickets 11/18/23 11272023KP 2,655.00
(Paramount Studio)
100-1605-7737 U.S. BANK
Staff Meeting Food 10/26/23 11272023KP 89.90
(T Burgers)
100-1805-7610 U.S. BANK
37 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 10 of 17
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Kristen Petersen Lunch Mtg 11272023KP 44.38
w/Monrovia Staff (Sena)
100-1805-7610 U.S. BANK
Save the Date Announcement 11272023KP 58.00
(Paperless Post)
100-1805-7610 U.S. BANK
Kristen Petersen GAAP Training 11272023KP 180.00
11/2/23 (GFOA)
100-1805-7610 U.S. BANK
Accounting for Capital Assets 11272023KP 150.00
Webinar (CSMFO)
100-1805-7610 U.S. BANK
A Chiaromonte Annual GAAP 11272023KP 135.00
Training 12/14/23 (GFOA)
100-1805-7610 U.S. BANK
A Chiaromonte GFOA 11272023KP 150.00
Membership 11/1/23-
10/31/24
100-1805-7612 U.S. BANK
GAAFR Plus Subscription 11272023KP 149.00
(GFOA)
100-1805-7612 U.S. BANK
Kristen Petersen 2024 CSMFO 11272023KP 135.00
Membership
100-1805-7612 U.S. BANK
Admin Srvcs Coffee Maker 11272023KP 110.24
(Amazon)
100-1805-7614 U.S. BANK
Admin Srvcs Coffee Supplies 11272023KP 129.10
(Amazon)
100-1805-7614 U.S. BANK
2023 Tax Forms (Tyler Business 11272023KP 99.58
Forms)
100-1810-7614 U.S. BANK
Adobe AcroPro 11/21/23 - 11272023KP 12.24
12/12/23
100-1815-7632 U.S. BANK
Finance Webinar 11/7/23 - 11272023KP 80.00
12/6/23 (Zoom)
100-1815-7632 U.S. BANK
Adobe Creative Cloud/Acrobat 11272023KP 780.71
Pro 11/13/23-12/12/23
100-1815-7632 U.S. BANK
Tzeitel Paras-Caracci Park 11272023ME 93.33
Renamimg (Smart&Final)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Pk 11272023ME 505.73
Renaming (A1 Party Rent)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 11272023ME 65.00
Renaming (Starbucks)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 11272023ME 217.00
Renamimg (SweetNothing)
100-1010-7980 U.S. BANK
Return-Tzeitel Paras-Caracci Pk 11272023ME -7.60
Renaming (Amazon)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 11272023ME 47.16
Renamimg (Miniso)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 11272023ME 15.25
Renamimg (Coffee Bean)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 11272023ME 217.95
Renamimg (Winner Party)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 11272023ME 104.19
Renamimg (Saniro)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 11272023ME 37.07
Renamimg (Costo)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 11272023ME 109.69
Renamimg (Michaels)
100-1010-7980 U.S. BANK
Tzeitel Paras-Caracci Park 11272023ME 103.75
Renamimg (Amazon)
100-1010-7980 U.S. BANK
Return-Tzeitel Paras-Caracci Pk 11272023ME -48.40
Rename (Michaels)
100-1010-7980 U.S. BANK
Thanksgiving Feast 11272023ME 148.54
Plates/Silverware (Amazon)
100-1020-7711 U.S. BANK
Tree Lighting Event Pastries 11272023ME 220.00
(Mariposa Bakery)
100-1020-7716 U.S. BANK
Veteran's Day Ceremony 11272023ME 100.00
Coffee (Starbucks)
100-1020-7716 U.S. BANK
Veterans Day Gift Cards 11272023ME 150.00
(Amazon)
100-1020-7716 U.S. BANK
Tree Lighting Event Supplies 11272023ME 109.86
(Michaels)
100-1020-7716 U.S. BANK
38 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 11 of 17
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Tree Lighting 11272023ME 484.00
Tamales/Champurrado
(MariposaBakery)
100-1020-7716 U.S. BANK
Tree Lighting/Holdiay Park 11272023ME 570.09
Photo Backdrop (Imagen)
100-1020-7716 U.S. BANK
Holiday in the Park Trees 11272023ME 529.17
(Amazon)
100-1020-7716 U.S. BANK
Tree Lighting Snowflake Lights 11272023ME 65.24
(Amazon)
100-1020-7716 U.S. BANK
Tree Lighting/Holiday in Park 11272023ME 287.73
Supplies (Amazon)
100-1020-7716 U.S. BANK
Tree Lighting Event Ribbon 11272023ME 20.89
(Walmart)
100-1020-7716 U.S. BANK
Veteran's Day Event Snacks 11272023ME 174.25
(Porto's Bakery)
100-1020-7716 U.S. BANK
Manuel Enriquez Mtg w/Staff 11272023ME 47.05
(Cafe Cultura)
100-1605-7610 U.S. BANK
100-1605-7612 U.S. BANK Canva Subscription 11272023ME 239.40 100-1605-7614 U.S. BANK AA Batteries (Amazon) 11272023ME 20.72 100-1605-7614 U.S. BANK Specialist Calendar (Amazon) 11272023ME 34.11 City Vehicle Air in Tire (CSC 11272023ME 2.00
Servicework)
100-1605-7650 U.S. BANK
City Vehicle Car Wash (Nu Way 11272023ME 37.98
Hand Wash)
100-1605-7650 U.S. BANK
City Vehicle Air for Tire (76 Gas 11272023ME 1.50
Station)
100-1605-7650 U.S. BANK
P & R Commissioner Gifts 11272023ME 142.82
(Crate & Barrel)
100-1605-7691 U.S. BANK
P & R Commissioner Gifts 11272023ME 22.40
(Coffee Bean & Tea)
100-1605-7691 U.S. BANK
P & R Commission Mtg 11272023ME 20.90
Supplies (Home Goods)
100-1605-7691 U.S. BANK
P & R Commissioner Gifts 11272023ME 90.00
(Hobby Lobby)
100-1605-7691 U.S. BANK
P & R Commissioner Gifts 11272023ME 82.50
(See's Candies)
100-1605-7691 U.S. BANK
P & R Commissioner Gifts 11272023ME 52.58
(Target)
100-1605-7691 U.S. BANK
Mayors Youth Council Dinner 11272023ME 176.83
11/6/23 (The Habit)
100-1605-7693 U.S. BANK
Refund-Halloween Howl Hay 11272023ME -100.00
Bales (Kruse Feed)
100-1605-7730 U.S. BANK
Halloween Howl Family 11272023ME 75.00
Contest Winner Gift (Max's)
100-1605-7730 U.S. BANK
Balance-Halloween Booth 11272023ME 470.00
Rental (PBG Entertainment)
100-1605-7730 U.S. BANK
Ribbon for Holiday Events 11272023ME 72.43
(Paper Source)
100-1605-7730 U.S. BANK
Halloween Howl Supplies 11272023ME 55.61
(Amazon)
100-1605-7730 U.S. BANK
Dept Table Cover Cleaning 11272023ME 50.00
(Natures Cleaners)
100-1605-7730 U.S. BANK
Dia De Los Muertos Event 11272023ME 46.50
Supplies (Amazon)
100-1605-7730 U.S. BANK
Halloween Howl Pizza (Little 11272023ME 112.32
Caesars)
100-1605-7730 U.S. BANK
Holiday Special Event Supplies 11272023ME 238.00
(Aldik Home)
100-1605-7730 U.S. BANK
100-1605-7733 U.S. BANK SC Wood Vases (Amazon) 11272023ME 66.12 SC Thanksgiving Dinner 11272023ME 185.00
Centerpieces (Quality)
100-1605-7733 U.S. BANK
SC Special Event Holiday Gift 11272023ME 163.22
Cards (Amazon)
100-1605-7733 U.S. BANK
39 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 12 of 17
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount SC Thanksgiving Dinner Pies & 11272023ME 161.67
Plates (Costco)
100-1605-7733 U.S. BANK
SC Adhesive Strips/Pickleballs 11272023ME 158.24
(Amazon)
100-1605-7733 U.S. BANK
SC Holiday Pickleball Party Gifts 11272023ME 129.98
(Amazon)
100-1605-7733 U.S. BANK
Senior Ctr Red Ribbon 11272023ME 46.73
(Amazon)
100-1605-7733 U.S. BANK
100-1605-7733 U.S. BANK SC Bingo Prizes (Subway) 11272023ME 100.00 Wild Stylez Dance Competition 11272023ME 225.00
Gift Cards (Amazon)
100-1605-7735 U.S. BANK
Duarte Dance Jackets/Varsity 11272023ME 491.56
Letters (Amazon)
100-1605-7735 U.S. BANK
Excursion Box Lunches-Getty 11272023ME 407.49
Museum (Subway)
100-1605-7737 U.S. BANK
Deposit-Whale Watching 11272023ME 420.68
2/21/2024 (Davey's Locker)
100-1605-7737 U.S. BANK
End of Season Sports Party 11272023ME 131.04
(Little Caesars)
100-1605-7741 U.S. BANK
End of Season Sports Party 11272023ME 94.98
(Little Caesars)
100-1605-7741 U.S. BANK
TC Boxing Mouthguards/Water 11272023ME 59.51
Bottles (Amazon)
100-1605-7745 U.S. BANK
100-1605-7980 U.S. BANK Bags (CVS Pharmacy) 11272023ME 5.49 Staff Meeting Snacks (Sweet 11272023ME 17.50
Nothings Cake Shop)
100-1605-7980 U.S. BANK
100-1605-7980 U.S. BANK Decoration Supplies (Amazon) 11272023ME 24.23 Special Event Sound System 11272023ME 3,748.69
(SP BYFP PRO)
100-1610-7618 U.S. BANK
100-1610-7618 U.S. BANK Vacuum Bags (Amazon) 11272023ME 72.56 100-1610-7618 U.S. BANK Council Drinks (Instacart) 11272023ME 71.18 100-1610-7618 U.S. BANK Microphone Covers (Amazon) 11272023ME 17.26 Clean Tablecloths (Quick Clean 11272023ME 425.00
Cleaners)
100-1610-7618 U.S. BANK
100-1610-7618 U.S. BANK Building Supplies (Aldik Home) 11272023ME 237.76 Halloween Carving Contest 11272023ME 188.17
Food (WingStop)
100-1810-7980 U.S. BANK
Halloween Carving Contest 11272023ME 48.25
Food (Sweet Nothings)
100-1810-7980 U.S. BANK
Vendor 4484 - U.S. BANK Total: 23,304.63
Vendor: T4757 - US DEVELOPERS INC
Pmt #2023-483/1944 Atlin St R101401 1.00
Refund
100-2012 US DEVELOPERS INC
Pmt #2023-483/1944 Atlin St R101401 0.50
Refund
100-2013 US DEVELOPERS INC
Pmt #2023-483/1944 Atlin St R101401 239.30
Refund
100-4201 US DEVELOPERS INC
Vendor T4757 - US DEVELOPERS INC Total: 240.80
Vendor: T4752 - VANDY TRAN
2023 Fall Swim Team Refund 2000421.004 105.00
(Mykah Nguyen)
100-4804 VANDY TRAN
2023 Fall Swim Team Refund 2000422.004 105.00
(Kynslie Lau)
100-4804 VANDY TRAN
2023 Fall Swim Team Refund 2000423.004 105.00
(Vionna Lau)
100-4804 VANDY TRAN
Vendor T4752 - VANDY TRAN Total: 315.00
Vendor: 6196 - VINH TRUONG
100-1005-7643 VINH TRUONG Council Vehicle Allowance 12/2023 75.00 Vendor 6196 - VINH TRUONG Total: 75.00
Vendor: T4747 - YI LOU
2023 Pool Closure/Aquatics 2000406.004 206.25
Refund
100-4807 YI LOU
40 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 13 of 17
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount 2023 Fall Swim Team Refund 2000407.004 105.00
(Nan Jiang)
100-4804 YI LOU
Vendor T4747 - YI LOU Total: 311.25
Vendor: 4413 - YOUNG REMBRANDTS
Instructor Fee-Steam 95226 436.80
Workshop 11/20/23 - 11/22/23
100-1605-7736 YOUNG REMBRANDTS
Vendor 4413 - YOUNG REMBRANDTS Total: 436.80
Fund 100 - GENERAL FUND Total: 617,948.43
Fund: 220 - GAS TAX FUN
Vendor: 3957 - JCL TRAFFIC SERVICES
220-2210-7813 JCL TRAFFIC SERVICES Replacement Parking Signs 120275 681.49 220-2210-7813 JCL TRAFFIC SERVICES Permit Parking Only Signs 120480 401.74 220-2210-7813 JCL TRAFFIC SERVICES New Traffic Control Signs 120943 1,007.24 Vendor 3957 - JCL TRAFFIC SERVICES Total: 2,090.47
Fund 220 - GAS TAX FUN Total: 2,090.47
Fund: 240 - LIGHTING AND LANDSCAPE DISTRICT FUND
Vendor: 0890 - COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH FY24 Amberwood LLD IN1301139 37.00
Backflow Assembly
240-2423-7887 COUNTY OF LOS ANGELES DE…
FY24 Royal Oaks Park IN1301192 148.00
Backflows (4) Assembly
240-2410-7662 COUNTY OF LOS ANGELES DE…
FY24 Beardslee Park Backflow IN1301536 37.00
Assembly
240-2410-7662 COUNTY OF LOS ANGELES DE…
FY24 Aloysia Moore Park IN1301671 37.00
Backflow Assembly
240-2410-7662 COUNTY OF LOS ANGELES DE…
FY24 Paras-Caracci Park IN1303043 37.00
Backflow Assembly
240-2410-7662 COUNTY OF LOS ANGELES DE…
FY24 Hacienda Park Backflow IN1303044 37.00
Assembly
240-2410-7662 COUNTY OF LOS ANGELES DE…
FY24 Duarte Park Backflow IN1303045 37.00
Assembly
240-2410-7662 COUNTY OF LOS ANGELES DE…
Vendor 0890 - COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH Total: 370.00 Vendor: 2028 - COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS Traffic Signal Maintenance 23110602879 4,948.20
10/2023
240-2405-7890 COUNTY OF LOS ANGELES DE…
Vendor 2028 - COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS Total: 4,948.20 Vendor: 0788 - HOME DEPOT CREDIT SERVICES
240-2405-7888 HOME DEPOT CREDIT SERVICES Street Light Supplies 5153589 308.70 240-2430-7887 HOME DEPOT CREDIT SERVICES Mesa Gas Lamp Repair 5153589 53.16 240-2430-7887 HOME DEPOT CREDIT SERVICES Mesa Gas Lamp Repairs 4512558 22.17 Vendor 0788 - HOME DEPOT CREDIT SERVICES Total: 384.03
Vendor: 4484 - U.S. BANK
(2) Speed Radar Device 11272023CH 1,111.30
Batteries (Interstate)
240-2405-7890 U.S. BANK
Vendor 4484 - U.S. BANK Total: 1,111.30
Vendor: 1521 - WEST COAST ARBORISTS INC
240-2410-7662 WEST COAST ARBORISTS INC Risk Assessment Report 1-9525 923.00 Vendor 1521 - WEST COAST ARBORISTS INC Total: 923.00
Fund 240 - LIGHTING AND LANDSCAPE DISTRICT FUND Total: 7,736.53 Fund: 290 - SUPPLEMENTAL LAW ENFORCEMENT FUND
Vendor: 0056 - LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
290-2905-7781 LOS ANGELES COUNTY SHERIF…Sheriff Contract 10/2023 240994EC 11,916.67 Vendor 0056 - LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Total: 11,916.67 Fund 290 - SUPPLEMENTAL LAW ENFORCEMENT FUND Total: 11,916.67 41 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 14 of 17
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Fund: 400 - PARK DEVELOPMENT GRANT FUND
Vendor: 5454 - MOORE IACOFANO GOLTSMAN INC
Design Services-Duarte Park 0083847 2,645.75
Revitalization 10/2023
400-4005-8041 MOORE IACOFANO GOLTSMA… 202213-Capial Exp-Duarte Par… Vendor 5454 - MOORE IACOFANO GOLTSMAN INC Total: 2,645.75 Vendor: 6354 - NATURE FOR ALL
Fish Cyn Trail WF-06.2092 4,607.02
Restoration/Access Planning
9/2023
400-4005-7965 NATURE FOR ALL 202214-Exp-Fish Cyn Trail Res… Vendor 6354 - NATURE FOR ALL Total: 4,607.02
Fund 400 - PARK DEVELOPMENT GRANT FUND Total: 7,252.77
Fund: 440 - PROPOSITION A TRANSIT FUND
Vendor: 1491 - AUTOZONE
Yard Supplies 2814166900 64.28
(Lightbulbs/Motor
Oil/Prestone)
440-4405-7650 AUTOZONE
Vendor 1491 - AUTOZONE Total: 64.28
Vendor: 0903 - CITY OF MONROVIA
Fuel-Transportation Dept 2400711 293.39
9/2023
440-4405-7650 CITY OF MONROVIA
Vendor 0903 - CITY OF MONROVIA Total: 293.39
Fund 440 - PROPOSITION A TRANSIT FUND Total: 357.67
Grand Total: 647,302.54
42 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 15 of 17
Report Summary
Fund Summary
Fund Payment Amount
100 - GENERAL FUND 617,948.43
220 - GAS TAX FUN 2,090.47
240 - LIGHTING AND LANDSCAPE DISTRICT FUND 7,736.53
290 - SUPPLEMENTAL LAW ENFORCEMENT FUND 11,916.67
400 - PARK DEVELOPMENT GRANT FUND 7,252.77
440 - PROPOSITION A TRANSIT FUND 357.67
Grand Total: 647,302.54
Account Summary
Account Number Account Name Payment Amount
100-1005-7640 Travel & Exp - Garcia 75.00
100-1005-7641 Travel & Exp - Martin Del… 75.00
100-1005-7642 Travel & Exp - Finlay 75.00
100-1005-7643 Travel & Exp - Truong 75.00
100-1005-7644 Travel & Exp - Schulz 75.00
100-1005-7648 Travel & Exp - Kang 75.00
100-1005-7650 Travel & Exp - Lewis 75.00
100-1010-7610 Travel, Mtgs & Conf 318.70
100-1010-7612 Publications and Dues 18.00
100-1010-7614 Office Supplies 116.84
100-1010-7980 Other Expenses 2,310.62
100-1015-7684 Code Enforcement Legal 35,011.23
100-1020-7710 Chamber Of Commerce 1,600.00
100-1020-7711 Employee Recognition C… 1,668.83
100-1020-7712 Community Information … 9,401.99
100-1020-7716 Special Community Even… 4,251.11
100-1020-7720 DCTV 2,345.00
100-1020-7980 Other Expenses 3,359.81
100-1205-7614 Office Supplies 210.60
100-1205-7650 Vehicle Maintenance 1,584.33
100-1205-7779 Youth Programs 23.69
100-1205-7781 Contract Law Enforceme… 449,748.07
100-1205-7787 Public Safety Cntr Lease 13,664.83
100-1205-7980 Other Expenses 570.72
100-1405-7610 Travel, Mtgs & Conf 308.32
100-1405-7614 Office Supplies 434.05
100-1405-7650 Vehicle Maintenance 1,445.07
100-1405-7801 Industrial Waste Inspect… 1,429.61
100-1405-7965 Professional Services 3,134.00
100-1405-7980 Other Expenses 2,940.00
100-1405-8100 Other Capital Improvem… 613.42
100-1410-7610 Travel, Mtgs & Conf 148.60
100-1410-7650 Vehicle Maintenance 811.20
100-1410-7656 Emergency Generator 160.00
100-1410-7980 Other Expenses 127.58
100-1415-7661 Other Serv-Sports Park 37.00
100-1605-7610 Travel, Mtgs & Conf 287.05
100-1605-7612 Publications and Dues 239.40
100-1605-7614 Office Supplies 54.83
100-1605-7650 Vehicle Maintenance 430.55
100-1605-7691 Parks & Rec Commission 411.20
100-1605-7693 Youth Council 176.83
100-1605-7730 Special Events 2,260.70
100-1605-7732 City Picnic 2,413.00
100-1605-7733 Senior Center 2,267.49
100-1605-7735 Teen Center 744.78
100-1605-7736 Youth & Adult Recreatio… 6,939.80
43 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 16 of 17
Account Summary
Account Number Account Name Payment Amount
100-1605-7737 Adult Excursions 3,483.17
100-1605-7739 Publicity 964.93
100-1605-7741 Sports/Playground Progr… 226.02
100-1605-7745 Boxing Program 59.51
100-1605-7750 Bus Rentals 1,575.50
100-1605-7980 Other Expenses 47.22
100-1610-7618 Building Supplies 7,888.80
100-1610-7636 Uniforms 51.38
100-1610-7650 Vehicle Maintenance 1,396.53
100-1610-7652 Building Maint Services 3,333.42
100-1805-7610 Travel, Mtgs & Conf 707.28
100-1805-7612 Publications and Dues 569.00
100-1805-7614 Office Supplies 473.41
100-1805-7653 Bank Charges 25.00
100-1805-7654 Audit Services 10,000.00
100-1810-7614 Office Supplies 99.58
100-1810-7660 Other Services 96.00
100-1810-7672 Neogov Program Costs 6,640.72
100-1810-7980 Other Expenses 273.55
100-1815-7632 Software 872.95
100-1815-7965 Professional Services 12,500.00
100-1825-7613 Duplications And Photos 205.90
100-1825-7674 Retiree Health Insurance 4,091.00
100-1825-7687 Waste Mgmt Services 2,317.50
100-2012 Green Building Fees Pay… 1.00
100-2013 Strong Motions Fees Pay… 0.50
100-2120 Refundable Deposits 150.00
100-2121 Pass Through Deposits 1,488.75
100-2125 Metro Pass Through (TA… 95.00
100-2126 Construction and Demoli… 500.00
100-4201 Building Permits 239.30
100-4804 Swim Team Fees 1,815.00
100-4806 Excursion Fees 42.30
100-4807 Health Membership Fees 1,264.36
100-4816 Senior Recreation Class … 35.00
100-5004 Other Revenue -125.00
220-2210-7813 Regulatory Signs 2,090.47
240-2405-7888 Repairs-Citywide 308.70
240-2405-7890 Repairs-Traffic Signal 6,059.50
240-2410-7662 Other Serv-Citywide 1,256.00
240-2423-7887 Repairs & Replacements 37.00
240-2430-7887 Repairs & Replacements 75.33
290-2905-7781 Contract Law Enforceme… 11,916.67
400-4005-7965 Professional Services 4,607.02
400-4005-8041 Park Improvements (Cap… 2,645.75
440-4405-7650 Vehicle Maintenance 357.67
Grand Total: 647,302.54
Project Account Summary
Project Account Key Payment Amount
**None** 632,643.73
202211/1205-7980-Live Scan/APU Tutors/DUSD FY21-23 558.87 202213-Capial Exp-Duarte Park Improvements 2,645.75
202214-Exp-Fish Cyn Trail Restoration/Access Plan 4,607.02 202316/1405-7965-Melcanyon Debris Catch Basin 2,432.00
202317/1405-8100-Other Cap Improv-Route 66 Art 613.42
202403/1605-7732-Car Show Registration-City Picnic 2,313.00 44 Council Warrant Register By Vendor Payment Dates: 11/30/2023 - 12/13/2023 12/6/2023 12:04:51 PM Page 17 of 17
Project Account Summary
Project Account Key Payment Amount
202417-dep-Westminister Garden Specific Plan & EIR 1,488.75 Grand Total: 647,302.54
45 ITEM: 7.E
Receive and File the Community Development Department Update Recommended Action:

It is recommended that the City Council receive and file the Community Development Department Update.

Attachments:
7E - Community Development Department Update - December 2023.pdf 46 COMMUNITY DEVELOPMENT

STATUS REPORT
December 2023

PROJECT/PROGRAM STATUS

IN PROCESS
BP Charging Station BP is proposing to construct a new style of charging station on the property that is on the northeast corner of Huntington Drive and Bradbourne. The plan is for several charging spaces and a lounge area for customers that are waiting for their vehicles to charge. This item requires a conditional use permit and is scheduled for final Planning Commission hearing in December.

Jersey Mikes Jersey Mikes recently pulled permits for a new store in The Huntington, adjacent to the Domino's space. This will fill up the main commercial space in that mixed use project and leave only the live work space available.

Safe Routes to Schools
Study
Staff is working with SCAG on a Safe Route to Schools Study.

KOA, a traffic engineering firm is doing this study for SCAG. This is a grant based study and is being done at no cost to the City.

The consultant has started the public outreach and is in the process of holding several meetings at various school sites to generate information. Final plan delivery to Council has been rescheduled to February 2024. This project by SCAG is only to develop a plan. There is no funding included for capital improvements. If the plan is approved, desired capital projects can be added to the CIP.

Recreation Trail
Upgrades
Duarte was awarded a $1.6 million federal appropriation for accessibility and quality of life upgrades to the Donald and Bernice Watson Recreation Trail. This funding was included in the 2023 Omnibus Appropriations Bill, thanks to
Congresswoman Napolitano. We are still waiting to receive the funds as the State manages the process for how funds will be distributed, a process that typically takes several months. In the next few months, Staff is working on finalizing paving details, looking to hire a landscape consultant to coordinate a final bid set for Parks & Recreation Commission and City Council review. The current schedule is for project bid in June 2024.

Andres Duarte School This project is the development of the Andres Duarte School site with a residential development. The School District has selected a developer and is working on the final details of the 47 2

PROJECT/PROGRAM STATUS
agreement. The selected team is a partnership of: Adept Development, MW Investments Group and SGV Property Fund.

The Andres Duarte school site property isabout 13 acres. The preliminary plan, acted on by DUSD, includes 173 units and preserves a portion of Otis Gordon Park. But there is no guarantee to this build out. The property has a general plan and zoning of Public Facilities so any development of the property will require City Council approval.

Staff met with the Developer team and explained the City process. This project will require an EIR, so in the coming weeks, that selection process will be progressing. Staff will bring the EIR consultant selection item for Council Action in January or February.

As the process progresses, Staff will keep the Council informed.

Solana at Duarte Station
1750 Fasana Road
MBK is building Solana, a 292-unit apartment. This building will also be the location of the “Duarte Station” sign that will be an icon, located on the roof of the building. The revised
completion date is 2025.

San Gabriel Valley
Regional Housing Trust
Staff is working with the San Gabriel Valley COG and the San Gabriel Valley Regional Housing Trust on a possible subsidized housing development in the City. The idea would be to develop one of the affordable housing sites listed in the most recent Housing Element with first priority being the City-owned property at 2400 Huntington and properties to the east.

SCVGOG and SGVRHT have access to funding that assists in generating interest from developers.

Metro Parking Lot Staff has been working with Metro for the past several years on the development of the Metro parking lot as part of the Duarte Station Specific Plan. The intent is to replace the Metro parking into a parking structure and construct workforce housing along Fasana Road at Highland Avenue. Metro is in the final stages of developer selection. Over the next few months, they will be developing the sale agreement. There is currently no schedule for development.

Town Center North Staff has been meeting with property owners to develop a proposal for a complete center rehabilitation that includes new, upgraded facades, an upgraded parking lot and related
improvements. Owners have shown positive interest.

Staff is working, mostly with the new owners, to develop options for moving forward.

Property owners are cooperating with the City on Code
Enforcement issues.
48 3

PROJECT/PROGRAM STATUS
The City has hired an Architect and Engineer to develop a detailed concept plan for façade and parking lot upgrades to the center.

Highland Promenade This project is funded by a Measure M Grant. It is for an expanded right of way along the west side of Highland Ave. that would have a park-like pedestrian walkway. Staff is negotiating with the property owner for the additional right of way. This has been one of the major hold up issues on the project, but recently progress has been made. Staff discussed the right of way issue with Metro for its piece recently and the details will be resolved when the site development moves forward. After agreements for right of way are resolved, the City will need to hire the Engineer to complete working drawings. The projected construction date is Fall 2024; however, the portion adjacent to the Metro parking lot may be constructed with the
development on that property.

Evergreen Pedestrian
Improvements
This project includes pedestrian sidewalk and lighting along the north side of Evergreen Street and a widening of the sidewalk on the west side of Highland Avenue under the 210 freeway underpass. This project is funded through an ATP cycle 4 grant.

The contract has been awarded and construction should start in January 2024. A 6-8 month construction period is typical.

DEVELOPMENT
Wyndham Hawthorn
Suites Hotel (1230
Huntington Drive)
This is a two-phase project with a total of 178 rooms with 72 in the first phase. The first plan check was returned to the Architect in early May 2022. The second plan check was
resubmitted for review in March 2023. Several clarifications and minor revisions were needed. The third plan check has been completed. There are a few minor revisions required but plans are nearing completion. Staff will continue to monitor and encourage progress.

City of Hope
General Projects
Working with the City of Hope on various projects in process, such as: Duarte Outpatient Clinic (DOC) is ready for permits. It is an 8 story, 350,000 square foot building- The City of Hope parking structure has won a couple of prestigious
awards: National Parking Association (NPA) Innovative
Sustainability Project of the Year 2022 and the IPMI
Award of Excellence -Architectural Design.
49 4

PROJECT/PROGRAM STATUS
Westminster Gardens Human Good, the owner, plans for a major campus expansion and has recently filed an application. The City hired MIG to assist in the preparation of the specific plan amendment and EIR. The request is for this expansion to accommodate up to 600 total units; this includes assisted living and memory care units, and mixed use. This project will take 12+ months, but Staff has had kick off meetings with the consultant and HumanGood and there is positive progress.
928 Huntington Dr. The old commercial building, apartments and billboard have been demolished and permits are ready to be issued. A 16 unit apartment development has been approved for the property.

PUBLIC WORKS
Encanto Park Infiltration
Project
In feasibility and early design phase. Initial plan is to locate structure in the park area under the soccer field . Now that the JPA has been formed to manage construction and maintenance, the project can move forward. The design is at 60% now and the JPA will be working on developing a budget. When a final budget estimate is completed and the plans are at 90%
completion or more, City Staff and the JPA will provide City Council an update and City Staff and the JPA will start public outreach.

Annual Concrete Repair A contract awarded at the October 10 meeting to Ruiz Concrete and Paving, Inc. Typically, the annual project is completed in approximately two months.

Annual Pavement Repair The 2023-2024 project is currently in preliminary design.

Annual Street Project The 2023-2024 street project is planned for winter/spring 2024.

An award of design contract was approved at the September 26 meeting.

Annual Striping and
Marking
The 2023-2024 striping and marking project is currently in process throughout the City.
50 ITEM: 7.F
Receive and File the Parks and Recreation Department Update Recommended Action:

It is recommended that the City Council receive and file the Parks and Recreation Department Update.

Attachments:
7F - Parks and Recreation Department Update - December 2023.pdf 51 PARKS AND RECREATION

STATUS REPORT
December 2023

PROJECT/PROGRAM STATUS

YOUTH AND SENIOR PROGRAMS
Winter Classes
Registration
Registration for the Department’s winter recreational classes is now live on the City’s website and will be available through the first week classes start. To register for a class or view the full list of this winter’s recreational offerings, visit ACCESSDUARTE.COM and then click on “City News” icon towards the top of the page.

SPECIAL EVENTS
Winter Holiday
Festival at the Teen
Center
Join us at the Teen Center on December 13 at 5:30 PM as we celebrate this season’s holidays: Hanukkah, Christmas, and Kwanzaa! The festival will include musical numbers, cultural presentations, with dinner to follow.

Santa’s Coming to
Duarte on
December 13 & 15
You better watch out because Santa Claus is coming back to Duarte this holiday season! On Wednesday, December 13 and Friday, December 15, Santa will be driving through neighborhoods from 5 to 9:30 PM. We encourage children and families to come out of their homes and wave at Santa once you hear sirens and holiday jingles. To ensure you don’t miss Santa, you can view his route, per night, now at ACCESSDUARTE.COM. Additionally, you can also follow him on the City’s “Santa Finder” every event night starting at 5 PM.

Santa’s Hotline
On Tuesday, December 19, we invite children to call in and have a magical conversation with Santa Claus. From 3 – 5 PM, children will be directly connected to the North Pole when they call (626) 386-6804.

If you happen to get a busy signal, we encourage you to keep trying during the event timeframe.

CAPITAL IMPROVEMENT PROJECTS
Duarte Park
Revitalization Project
On December 3, the Department hosted a Community Meeting at Duarte Park to share with residents the initial conceptual plans for revitalizing the park space. Based on the feedback gathered, City staff and M.I.G., the design consultant, will modify the plans to then bring back to the Parks and Recreation Commission for final review and recommendations, prior to City staff bringing forth the finalized design and estimated costs to City Council in late January for discussion and consideration.
52 2
Civic Center Master
Plan Assessment
The City Council Ad Hoc Committee held its last meeting with LPA back on November 16. City staff will be bringing back all three phases 1) Proposed Civic Center Facilities Exterior Improvements, 2) City Hall Interior design and furnishings upgrades, and 3) Community Center Renovation to a permanent City Council Chamber at the beginning of 2024 with cost estimates for City Council discussion and further direction.
53 ITEM: 7.G
Consideration of an Engineering and Landscape Design Contract with KHR Associates for Bid Documents and Final Engineering Plans and Construction Administration of the Highland Promenade and Authorization of a $116,800 Budget Amendment
Recommended Action:

It is recommended that the City Council authorize the City Manager to Sign a Professional Services Agreement with KHR Associates for Engineering and Bid Document Design Services and construction administration of the Highland Promenade in the amount of $116,800.00.

Attachments:
7G - Engineering and Landscape Design with KHR.pdf
54 55
2 1801 Highland: The property owner has agreed to provide an additional 8’ of right of way as an easement to the City. This will allow an expanded sidewalk with enhancements. It will also allow the two overhead utility poles to be undergrounded. When this property is redeveloped in the future, the property owner will be responsible for the build out of the additional 17 feet. The property owner has agreed to provide the easement in return for the City paying $55,500 for sign replacement, front setback landscaping and attorney fees. 1750 Fasana Road: MBK is currently building Solana, a 292 unit apartment building on the 1750 property. A portion of that property, a 20 foot wide piece, extends to Highland Avenue. As part of the approval, MBK dedicated the additional 25 feet. However, this area is part of the parking lot for the 1801 Highland building. So the Promenade buildout on this property will be the same as on the 1801 Highland property, an additional 8 feet. When this parking lot is redeveloped in the future, the property owner will be responsible for the build out of the additional 17 feet.

Metro Parking Lot: The entire 33’ Highland Promenade will be built out on the Metro property, however, that build out will be part of a future phase. Currently, Metro is in the RFP process to select a developer to build an apartment development on the site. Metro has agreed to require the developer to set the building back to the 33’ line and to participate in construction of the Highland Promenade. This portion of the Promenade will be the centerpiece. There will be public art and amenities in addition to the expanded pedestrian area.
1716 Evergreen Street: To expand the current 8’ sidewalk area to 33’ would require significant grading and drainage improvements and would also require the replacement of 21 parking spaces.

Based on a recent property appraisal, the acquisition of the property and construction is cost prohibitive at this time. The first phase improvement would include upgrade to the existing sidewalk and landscape. When this property is redeveloped in the future, the property owner will be responsible for the build out of the additional 17 feet.

The City received a Measure M Grant that will pay for the majority of the proposed improvements.

Presently, the plan is to put this project out for bid in 2024. These improvements are an essential part of the City’s first mile-last mile efforts to improve circulation near transit. The proposed contract will address the final design necessary to prepare plans for the bidding process.

DISCUSSION/ANALYSIS
Because KHR did an excellent job on the concept design part of this project, staff requested a proposal from KHR Associates (KHR) for this project. In addition to the concept design for the Highland Promenade, the firm was the engineer of record for MBK’s Esperanza and Solana buildings at Duarte Station.

The proposed contract includes the preparing plans and bid documents so that the project can go out to bid. It also includes construction oversight and working with SCE on the process to underground the two utility poles that are currently on the 1801 Highland property.

This project will also need some additional work that will need to be completed by a landscape architect. Staff plans to bring that contract back for City Council action in the next few months. 56 3
This promenade area is intended to transform the pedestrian experience in the area and will be an integral part of the development of the Duarte Station area.

RECOMMENDATION
Authorize the City Manager to Sign a Professional Services Agreement with KHR Associates for Engineering and Bid Document Design Services and construction administration of the Highland Promenade in the amount of $116,800.00.

FISCAL IMPACT
There will be a $116,800.00 impact to the Gas Tax Fund (2205-8100), with the amendment to the FY 2023-24 adopted budget. This design project is necessary to prepare for construction of the Highland Promenade that is funded in part with a Measure M Grant. This project was included in the 2023-2024 budget.

ATTACHMENTS
Professional Services Agreement and KHR Proposal
57 2671/012225-0101
18679307.4 a11/27/23

CITY OF DUARTE

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and effective as of December 12, 2023 (“Effective Date”), by and between the CITY OF DUARTE (“City”), a California municipal corporation, and KHR Associates, a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “party” and collectively as the “parties.” In consideration of the mutual covenants and conditions set forth herein, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows:

1. RECITALS
The City wishes to engage the services of Consultant to provide prepare surveying, design, and construction plans for the Highland Avenue Promenade improvements as described further in this Agreement. Consultant wishes to provide all such services and has the necessary expertise and competency to provide such services.

2. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until December 31, 2025, or until the tasks listed in the Scope of Services are completed, whichever is later, unless sooner terminated pursuant to the provisions of this Agreement. The term may be extended upon execution of a written amendment between the Parties.

3. SERVICES AND PERFORMANCE
A. In compliance with all terms and conditions of this Agreement, Consultant shall provide services more particularly described in the “Scope of Services,” which is attached hereto and incorporated herein by this reference as Exhibit A. The services may be referred to herein as the “Services” or “Work.” In the event of any inconsistency between the terms of Exhibit A and this Agreement, the terms of this Agreement shall govern.

B. As a material inducement to City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first-class work and services, and Consultant is experienced in performing the type of work and services contemplated herein. The minimum standard of care for all professional services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant represents that the Services will be performed by Consultant or under its direct supervision, and that all personnel engaged in such Work shall be fully qualified and shall be authorized and permitted under applicable Federal, State, and local law to perform such Work. Consultant shall pay all wages, salaries, and other amounts due to such personnel in connection with their performance of the Services and as required by law
C. The experience, knowledge, capability, and reputation of Consultant, its principals, and employees were a substantial inducement for City to enter into this Agreement. Therefore, 58 2671/012225-0101
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without the prior written approval of City, which may be given or withheld at City’s sole and absolute discretion, Consultant shall not (i) contract with any other entity to perform in whole or in part the Services required hereunder; or (ii) transfer, assign, convey, or encumber (voluntarily or by operation of law) any or all of this Agreement.

D. Consultant shall obtain and maintain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement prior to the commencement of Services. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend, and hold harmless City and its elected and appointed officials, boards, members, officers, agents, representatives, employees, and volunteers (“City Personnel”) against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City related to the Services.

E. Consultant shall provide all Services rendered hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State, or local governmental agency having jurisdiction in effect at the time Service is rendered. Each and every provision required by law to be included in this Agreement shall be deemed to be included, and this Agreement shall be read and enforced as though they were included.

F. Consultant shall assume all costs arising from the use of patented or copyrighted materials, including, but not limited to, equipment, devices, processes, and software programs, used or incorporated in the Services or Work performed by Consultant under this Agreement.

Pursuant to Paragraph 7, Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold City and City Personnel harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.

G. Consultant shall not subcontract the performance of any of the Services without the prior written approval of City.

H. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include construction, alteration, demolition, installation, or repair work or are other otherwise exempt under California’s prevailing wage laws (California Labor. Code section 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all “public works” (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code section 1781, as the same may be amended from time to time, and/or any other similar law.

Pursuant to Paragraph 7, Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold City and City Personnel harmless from and against any liability, loss, damage, cost, or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, State, and/or Federal law, including, without limitation, any applicable Federal and/or State labor laws (including, without limitation, the requirement to pay State prevailing wages and hire apprentices); (ii) the implementation of California Labor Code section 1781, as the same may be amended from 59 2671/012225-0101
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time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services on Consultant’s behalf to provide any required disclosure or identification as required by California Labor Code section 1781, as the same may be amended from time to time, or any other similar law.

4. MANAGEMENT
City’s Community Development Director shall represent City in all matters pursuant to the administration of this Agreement and review the Services performed by Consultant. The City Manager shall have the authority, subject to the limitations set forth in Paragraph 5, to enlarge the Scope of Services or increase the compensation due to Consultant. Consultant’s official representative in the administration of this Agreement shall be James Kawamura, President, who shall have the authority to make all decisions for Consultant and bind Consultant to the terms of this Agreement.

5. COMPENSATION
A. City agrees to pay Consultant ONE HUNDRED AND SIXTEEN THOUSAND, EIGHT HUNDRED DOLLARS ($116,800), based on the Scope of Services set forth in Exhibit A. With written approval from the City, necessary additional work may be performed up to 15% of the contract amount.

B. Consultant shall not be compensated for any Services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance, and in writing, by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given. Unless otherwise agreed to by the Parties in writing, all provisions in this Agreement applicable to Consultant’s performance of the Services shall also apply to any additional services.

C. Consultant shall be paid monthly and shall submit monthly invoices/reports to City, within ten (10) days following the end of each month, showing actual Services performed. Invoices shall include billings for all charges, including authorized direct costs incurred by Consultant during the month covered by the invoice. Consultant shall be paid on the next regular Council warrant after all required paperwork is submitted. If City disputes whether Consultant has earned its fee or any portion, City shall give written notice to Consultant within thirty (30) days of receipt of Consultant’s monthly invoice/report stating the basis for such dispute.

6. SUSPENSION OR TERMINATION OF AGREEMENT
A. City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving written notice upon Consultant. Upon receipt of said notice, Consultant shall immediately cease all Work under this Agreement, unless the notice provides otherwise. In the event this Agreement is suspended or terminated pursuant to this subparagraph (A), Consultant shall submit a final invoice/report to City pursuant to Paragraph 4, and City shall be entitled to receive a return of the fee paid to Consultant, or portion thereof, if the reason for the termination is failure by Consultant to have timely performed the Services set forth in Exhibit A. In City’s sole and absolute discretion, prior to effecting a suspension or termination 60 2671/012225-0101
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pursuant to this subparagraph (A), City may first serve upon Consultant a written notice of the default specifying the default and the amount of time that Consultant shall have to cure, correct, or remedy the default. If Consultant fails to cure the default within the specified period of time, City shall have the right to immediately terminate this Agreement pursuant to this subparagraph (A). Notwithstanding any other provision of this Agreement to the contrary, City’s termination of this Agreement pursuant to this subparagraph (A) shall not preclude or prejudice any other remedy to which City may be entitled in law or in equity.

B. Consultant may terminate this Agreement only due to a material breach by City, and only upon not less than thirty (30) days’ prior written notice to City which notice shall specify the material default. Upon receipt of such notice, City may, but shall not be obligated to, effect to remedy such default, which remedy will cause the notice of termination to no longer apply, and this Agreement to continue in effect.

7. RECORDS AND OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to produce an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of six (6) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement (“Work Product”) shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Consultant. Consultant shall provide such items to City promptly upon completion of this Agreement. City acknowledges that such Work Product is not intended or represented to be suitable for use unless completed by Consultant, or for use or reuse by City or others on extensions of the Services or Work under this Agreement, or for any other use or purpose, without written verification or adaptation by Consultant. Any such use, reuse, or any modification of the Work Product, without written verification, completion, or adaptation by Consultant, as appropriate for the specific purpose intended, will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants.

C. Any information gained by Consultant in the performance of this Agreement shall be considered confidential and such information and the reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly or to any other client of Consultant without the prior written approval of the City Manager.
61 2671/012225-0101
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8. INDEMNIFICATION
A. To the fullest extent permitted by law, except as set forth in subparagraph (B), Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold harmless City and City Personnel from and against any and all claims, actions, suits, claims, demands, judgments, attorneys’ fees, costs, damages, losses, penalties, obligations, expenses, or liabilities (“Claims”) that may be asserted or claimed by any person or entity arising out of, or pertaining to, Consultant’s negligence, recklessness, or willful misconduct, whether or not there is concurrent active or passive negligence on the part of City and/or any City Personnel, but excluding any Claims arising from the sole negligence or willful misconduct of City or any City Personnel. Consultant shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorneys’ fees incurred in connection therewith. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such Claims arising out of or in connection with the Work being performed or Services being provided under this Agreement, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorneys’ fees and expert witness fees. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury, or arbitrator having made a determination of Consultant’s percentage of fault, the Parties agree to mediation with a neutral third-party to determine Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost requirement owed to City.

B. The provisions of this subparagraph (B) apply only if Consultant is a “design professional” within the meaning of California Civil Code section 2782.8(c). If Consultant is a “design professional,” within the meaning of Section 2782.8(c), then notwithstanding subparagraph (A), to the fullest extent permitted by law (including, without limitation, California Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel acceptable to City), indemnify, and hold harmless City and City Personnel from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any sub-consultant, subcontractor, or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Consultant’s performance of any task or Service for or on behalf of City under this Agreement.

Such obligations to defend, hold harmless, and indemnify City or any City Personnel, shall not apply to the extent that such Claims are caused, in part, by the sole negligence or willful misconduct of City or City Personnel. Consultant’s cost to defend City and/or City Personnel against any such Claim shall not exceed Consultant’s proportionate percentage of fault with respect to that Claim; however, pursuant to California Civil Code section 2782.8(a), in the event that one or more of the defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City or any City Personnel under this subparagraph (B), Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, recklessness, or willful misconduct. 62 2671/012225-0101
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C. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether arising out of this Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and all amounts for which City may be liable to third parties, by reason of Consultant’s negligent acts, errors, omissions, or willful misconduct, in performing or failing to perform Consultant’s obligations under this Agreement. City in its sole and absolute discretion, may withhold any payment due to Consultant, without liability for interest, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or withhold shall not act as a waiver of Consultant’s obligation to pay City any sums Consultant owes City.

9. INSURANCE
Without limiting Consultant’s indemnification obligations of City as set forth in this Agreement, and prior to the commencement of Work, Consultant shall obtain, provide, and maintain, at its own expense, during the entire term of this Agreement including any extension thereof, policies of insurance of the type and amounts described in Exhibit B and in a form satisfactory to City.

A. No Work or Services under this Agreement shall commence until Consultant has provided City with Certificates of Insurance evidencing the required insurance coverages and said Certificates of Insurance are reasonably approved by City. Certificates are to reflect that the insurer will provide thirty (30) days’ written notice to City of any cancellation of coverage. In the event any of said policies of insurance are reduced in limits or cancelled for any reason, Consultant shall, prior to the cancellation date, submit new evidence of insurance.

B. The provisions of any workers’ compensation or similar law will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.

C. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right to monitor the handling of any such claim or claims if they are likely to involve City.

D. The City’s Director of Administrative Services shall have the authority to adjust or amend the insurance requirements in Exhibit B of this Agreement so long as such amendment or adjustment is agreed to in writing by the Parties.

10. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to City a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, officials, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, 63 2671/012225-0101
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employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

B. No City-provided employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing Services hereunder.

11. NO UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any Work to be conducted as a result of this Agreement. Consultant further warrants that it has not employed or retained any company or person other than a bona fide employee working for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

12. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for Work to be performed in connection with the Services performed under this Agreement.

13. COVENANT AGAINST DISCRIMINATION
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, gender, gender identity, gender expression, physical or mental disability, age, military status, marital or familial status, sexual orientation, national origin, or ancestry.

14. NONLIABILITY OF CITY OFFICERS AND EMPLOYEES
No City Personnel shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 64 2671/012225-0101
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15. NOTICES
Any notices which either Party may desire to give or may be required to give to the other Party under this Agreement must be in writing and may be given either by (a) personal service; (b) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery; (c) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at any other address as that Party may later designate by notice; or (d) e-mailing the notice to the e-mail addresses as set forth below:

If to City: City of Duarte
Attn: Craig Hensley
1600 Huntington Drive
Duarte, California 91010
If to Consultant: KHR Associates
Attn: James Kawamura
17530 Von Karman Ave.

Suite 200
Irvine, CA 92614
The internal laws of the State of California, without regard to principles of conflicts of laws, shall govern the interpretation of this Agreement. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding anything in this Agreement to the contrary, in no event shall Consultant be entitled to economic or consequential damages or to punitive damages. In the event of any litigation arising from or related to this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, expert witness fees, and other related expenses. The Superior Court of the County of Los Angeles shall have exclusive jurisdiction over any litigation between the Parties concerning this Agreement. Service of process on City shall be made in the manner required by law for service on a public entity. Service of process on Consultant shall be made in any manner permitted by law and shall be effective whether served inside or outside of California.

16. RIGHTS AND REMEDIES ARE CUMULATIVE; WAIVER
A. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

B. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No waiver by either Party of any of the provisions of this Agreement shall be effective unless explicitly set forth 65 2671/012225-0101
18679307.4 a11/27/23 -9-
in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

17. SEVERABILITY
If any portion of this Agreement is found by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other term, covenant, or condition, or provision contained in this Agreement. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to give effect to the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be performed as originally contemplated to the greatest extent possible.

18. INTERPRETATION; ENTIRE AGREEMENT
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, relating to the obligations of the Parties described in this Agreement, are merged into this Agreement and shall be of no further force or effect.

19. CONFLICTS OF INTEREST
Consultant represents, warrants, and covenants that he, she, or it presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (California Government Code section 87100 et seq.), City may determine Consultant to be a “consultant” as that term is defined by the Political Reform Act. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing Work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

20. NO THIRD-PARTY BENEFICIARIES
This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other 66 2671/012225-0101
18679307.4 a11/27/23 -10-
person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

21. PARAGRAPH HEADINGS AND SUBHEADINGS
The paragraph headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

22. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

23. EXECUTION OF CONTRACT
The persons executing this Agreement on behalf of each of the Parties represent and warrant that (i) such Party is duly organized and existing; (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party; (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement; and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

24. CITY MANAGER AUTHORITY
City’s City Manager shall have the authority to make non-material changes, non-material amendments, or clerical edits to this Agreement on behalf of the City. [Signatures on following page.]
67

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President & CEO
November 28, 2023
68 2671/012225-0101
18679307.4 a11/27/23

EXHIBIT A
Scope of Services
[Starts on Next Page]
69 CONSULTING ENGINEERS/SURVEYORS/PLANNERS
17530 Von Karman Avenue – Suite 200 (949) 756-6440
Irvine, California 92614
September 29, 2023
Mr. Craig Hensley, Community Development Director
City of Duarte
1600 Huntington Drive
Duarte, California 91010
SUBJECT: PROPOSAL TO PREPARE SURVEYING, DESIGN & CONSTRUCTION

PLANS FOR THE HIGHLAND AVENUE PROMENADE IMPROVEMENTS,

IN THE CITY OF DUARTE, CALIFORNIA (SENT VIA E-MAIL)
Dear Mr. Hensley:

Transmitted herein is a proposal to the City of Duarte (City), Duarte, California, by KHR Associates, Irvine, California, to provide surveying, design and construction plans for the Highland Avenue Promenade improvements along the west side of Highland Avenue, generally between Evergreen Street and the Los Angeles County Metropolitan Transportation Authority (MTA) “A” (or “Blue”, formerly “Gold”) Line right of way. The improvements are to be constructed in phases within existing and proposal public rights of way, as determined by the City.

Civil Engineering Scope of Services
The following Scope of Work is based on KHR Associates’ understanding of the project goal and objectives; the limits of design and construction; physical, budgetary, and legal constraints; and other considerations.

Task 1 – New Topographic Survey
In this initial task, a new topographic survey will be conducted of the reach of Highland Avenue from Evergreen Street to the MTA “A” Line tracks (both sides). The topographic survey will identify and measure existing horizontal and vertical (i.e., elevation) distances of physical features within and contiguous to the project limits, including sidewalks; curbs, gutters and flowlines; utility poles, cabinets, pullboxes, vaults, manholes, valve covers, and cleanouts; catch basins and other drainage inlets; street trees; lighting fixtures; and other appurtenances. The survey will be tied to the nearest benchmark.

The fixed fee for this task is $5,200.00, excluding reimbursable expenses.

Task 2 – Utility Infrastructure Research
In this task, KHR Associates will contact the appropriate utility companies (e.g., Southern California Edison, Cal American Water, The Gas Company, Frontier and 70 Mr. Craig Hensley
September 29, 2020

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Charter Communications, etc.) to gather and review available utility infrastructure plans associated with the areas along Highland Avenue to be improved. Of particular interest will be utilities overhead on power poles, and underneath the existing sidewalks, as well as those servicing adjacent private properties. Utilities that can be plotted will be added to Engineering CADD Base (see Task 3).

The fixed fee for this task is $5,000.00, excluding reimbursable expenses.

Task 3 – Engineering CADD Base
In this task, an engineering CADD base will be created, incorporating topographic data collected in Task 1, existing utility research conducted in Tasks 1 and 2, and previous work done by KHR Associates on the MBK Rental Living Esperanza and Solana apartment sites, and the MTA parking lot. The CADD base file will be used for subsequent use by KHR Associates, the Project Landscape Architect, and others to produce a uniform set of Highland Promenade improvement plans. As design work proceeds, and new information is discovered, the CADD base will be periodically updated and distributed to members of the Project Team.

The fixed fee for this task is $7,400.00, excluding reimbursable expenses.

Task 4 – Demolition Plan
In this task, a multi-phase demolition plan will be prepared to clear the project area(s) of unnecessary curb, gutter, fencing, pavement, vegetation, utilities, and appurtenances.

Items to be relocated, salvaged, or protected in place will be noted for each phase of construction. It is anticipated that each block may have a separate demolition plan. Notes and details will be provided, along with coordination contacts at the various utility companies.

The fixed fee for this task is $6,000.00, excluding reimbursable expenses.

Task 5 – Promenade Precise Grading & Drainage Plan
In this task, working in conjunction with the landscape architect, KHR Associates will prepare a grading and drainage plan to accommodate the proposed promenade improvements, including street improvements. The grading and drainage plan will show the limits to be graded, contoured, paved, landscaped and/or otherwise improved for surface and sub-surface drainage; at-grade and raised landscape planters and street furniture (as specified by the landscape architect); walkways, curbs, and walls; pedestrian and street lighting; possible passenger drop-off areas along Highland Avenue; and street resurfacing/repaving as determined by the City; and new traffic signing and striping. The improvement plans will show compliance with current ADA standards for all walkways, driveway and street crossings, off-street parking spaces, and other access points. 71 Mr. Craig Hensley
September 29, 2020

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Working with the landscape architect, and others, optimal precise grades will be determined at key spots along and within the promenade.

It is anticipated that each block/property along Highland Avenue may have a separate grading and drainage plan to correspond to City-specified phases. All plans will be prepared on City title block and include a title sheet, applicable general and construction notes, construction details, and references to City standard drawings. Final earthwork (i.e., cut/fill, and import/export) and other quantities will be calculated and shown on the plans.

The fixed fee for this task is $35,800.00, excluding reimbursable expenses.

Task 6 – Erosion Control Plan
In this task, a sediment and erosion control plan for implementation during construction of the proposed promenade improvements will be prepared in accordance with the criteria established by the City. It is anticipated that each block may have a separate grading and drainage plan. This plan will specify the placement of site-specific BMP devices to mitigate stormwater pollution and runoff associated with construction activities. The plan will indicate the location, type, and method of placement of gravel bags, diverters, silt fencing, temporary drainage facilities, and other erosion and sediment controls for use during construction, as well as appropriate notes and details.

The fixed fee for this task is $7,200.00, excluding reimbursable expenses.

Task 7 – Plans, Specifications, & Estimates Package
In this task, KHR Associates will work with the landscape architect and other members of the Project Team to assemble a Plans, Specifications, and Estimates (PS&E) package that complies with the City of Duarte standards for public works projects. The PS&E package will be suitable for distribution to general contractors who express an interest, and are qualified, to provide a competitive bid to the City for the Highland Avenue Promenade improvements project. It is anticipated that a separate PS&E for each construction phase (i.e., by block) may be required.

The fixed fee for this task is $5,200.00, excluding reimbursable expenses.

Task 8 – Dedications, Easements, Exhibits & Legal Descriptions In this task, KHR Associates will prepare and submit for agency approval separate legal descriptions, closure calculations, and exhibits for new right of way dedications, and easements, as needed; quitclaims, vacations, reciprocal access agreements and other documents requiring a civil engineer’s stamp and/or recordation. 72 Mr. Craig Hensley
September 29, 2020

Page 4 ends

Due to the uncertain nature of this task, a budget allowance $10,000.00 has been established. The City will be billed only for those hours actually expended.

Task 9 – Coordination Meetings
As part of the overall scope of work, KHR Associates will coordinate its work efforts with the City, the project landscape architect, and other members of the professional design team to ensure that the design of civil engineering improvements will meet the needs of the project, while satisfying the requirements of the City and other governing jurisdictions.

KHR Associates will attend coordination meetings and other meetings only as requested by the City.

Due to the uncertain nature of this task, a time and materials budget of $20,000.00 has been established, and the City will only be billed for those hours actually expended and expenses actually incurred.

Optional Task 10 – Construction Support Services
Upon conclusion of the design phase of work, in this task, KHR Associates will provide construction support services to the City’s designated Construction Manager.

Construction support services include, but are not limited to, assisting the City in the bid review and award process; responding to requests for information (RFIs); providing bulletins when necessary to clarify details or notes that may be seem conflicting or confusing; attending the bid opening, pre-construction meeting, and other field meetings that may be scheduled by the Construction Manager and/or inspectors. KHR Associates will also provide line and grade certifications, as needed, and work with the Construction Manager to ensure quality control; review any extras requested by the general contractor; maintain on-schedule performance by the general contractor; and ensure proper project close-out by all parties.

Due to the unknown number of hours construction support services may ultimately entail, KHR Associates proposes an initial time and materials fee not-to-exceed $15,000.00.

KHR Associates’ 2023 Schedule of Standard Rates will apply, and the City will only be invoiced for hours expended and/or reimbursable expenses incurred. All work will be undertaken in this task at the specific request of the City’s Construction Manager.

Professional Fee for Civil Engineering Services
Based on the above Scope of Services, KHR Associates, requests the following fixed fees, excluding reimbursable costs:

Task 1 – New Topographic Survey - Fixed Fee of $5,200.00 (Five Thousand Two Hundred Dollars)
Task 2 – Utility Infrastructure Research - Fixed Fee of $5,000.00 (Five Thousand Dollars) 73 Mr. Craig Hensley
September 29, 2020

Page 5 ends

Task 3 – Engineering CADD Base - Fixed Fee of $7,400.00 (Seven Thousand Four Hundred Dollars)
Task 4 – Demolition Plan - Fixed Fee of $6,000.00 (Six Thousand Dollars) Task 5 – Promenade Precise Grading & Drainage Plan – Fixed Fee of $35,800.00 (Thirty-Five Thousand Eight Hundred Dollars)
Task 6 – Erosion Control Plan – Fixed Fee of $7,200.00 (Seven Thousand Two Hundred Dollars)
Task 7 – Plans, Specifications, & Estimates Package - Fixed Fee of $5,200.00 (Five Thousand Two Hundred Dollars)
Task 8 – Dedications, Easements, Exhibits & Legal Descriptions – Time & Materials Estimate of $10,000.00 (Ten Thousand Dollars)
Task 9 – Coordination Meetings – Time & Materials Estimate of $20,000.00 (Twenty Thousand Dollars)
Optional Task 10 – Construction Support Services – Time & Materials Estimate of $15,000.00 (Fifteen Thousand Dollars)
Total Project Excluding Construction Administration - $101,800.00 (One Hundred and One Thousand Eight Hundred Dollars).

Total Project Including Construction Administration - $116,800.00 (One Hundred and Sixteen Thousand Eight Hundred Dollars).

Reimbursable Expenses
Reimbursable expenses cover primarily printing and reproduction costs, as well as mileage and parking fees, and are not anticipated to exceed $500.00.

Company Qualifications
Established in 1986, and incorporated in 1997, as Kawamura Investments, Inc., dba KHR Associates, the firm has been providing urban planning and design; surveying and subdivision mapping; civil engineering; traffic engineering, and stormwater management services to corporate clients, developers, builders, and governmental agencies for over 36 years. The firm is experienced in the entitlement, design, and construction of thousands of commercial, residential, institutional, governmental, and public utility company projects mainly throughout California. Over the years, KHR Associates has provided consulting services directly to dozens of cities, counties, State agencies, utility 74 Mr. Craig Hensley
September 29, 2020

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companies, school districts, hospitals and universities, and special agencies, such as the City and County of Los Angeles, Caltrans, Southern California Edison, Capistrano Unified School District, Harbor/UCLA Medical Center, University of California, Irvine, and the Orange County Transportation Authority. The firm has also provided services to the City of Duarte, including the subject Highland Promenade project; pedestrian improvements along the north side of Huntington Drive, between Buena Vista Street and Cotter Avenue; traffic signal and media island modifications at the intersection of Huntington Drive and Highland Avenue; and preliminary design for the Town Center (North) shopping center.

Project Personnel
For the proposed Project, Mr. James H. Kawamura will serve as the overall Project Manager/Principal-in-Charge. Mr. Kawamura is the President and CEO of KHR Associates. He has 48 years of professional experience in civil engineering, traffic engineering, and urban development, and has served as the Project Manager on over two thousand commercial, residential, medical, institutional, and public works projects throughout California and in various other States. His thorough and often innovative approach to urban planning, traffic, and civil engineering challenges is widely recognized and respected by both the public and private sectors.

Mr. Kawamura has been registered in the State of California as both a professional Civil Engineer and a professional Traffic Engineer for the past 46 years. He holds a Master of Science degree in Civil Engineering from the University of California, Berkeley; a Bachelor of Science degree in Engineering and Applied Science from the University of California, Los Angeles; and a Certificate in Transportation Systems Management from the University of California, Irvine. Mr. Kawamura is also a Qualified SWPPP Developer/Qualified SWPPP Provider.

In Closing
If there are any questions regarding this proposal, please do not hesitate to contact me at your convenience at (949) 756-6440.

Sincerely yours,
KHR Associates
James H. Kawamura, P.E.

President/CEO
75 Mr. Craig Hensley
September 29, 2020

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Schedule of Standard Rates
(Effective January 1, 2023)
Labor Classification Hourly Rate
Principal-In-Charge $375.00
Project Manager 300.00
Senior Civil or Traffic Engineer 250.00
Senior Associate 230.00
Project Engineer 230.00
Qualified SWPPP Developer 220.00
Qualified SWPPP Practitioner 190.00
Engineering Associate 190.00
Senior Designer 180.00
Senior Planner 170.00
Engineering Assistant 170.00
CADD Operator 150.00
Associate Planner 140.00
Technical Aide 100.00
Clerical/Data Entry 60.00
Chief Surveyor* 240.00
Surveyor* 200.00
Surveying Assistant* 150.00
Two-Person Survey Crew* 280.00
Reimbursable Costs Unit Rate
Vehicle Mileage $ 0.90/Mile
Grayscale Plain Paper Printing/Photocopying (8-½” x 11”) 0.20/Page Grayscale Plain Paper Printing/Photocopying (11” x 17”) 0.50/Page Full Color Plain Paper Printing/Photocopying (8-½” x 11”) 1.00/Page Full Color Plain Paper Printing/Photocopying (11” x 17”) 2.00/Page Report Covers & GBC Binding 15.00/Report
Report Covers & 3-Ring Binder 25.00/Report
Grayscale Plot on Bond (Up to 24" x 36") 10.00/Sheet
Grayscale Oversized Plot on Bond (Up to 36" x 48") 15.00/Sheet Color Plot on Bond (Up to 24" x 36") 20.00/Sheet
Color Oversized Plot on Bond (Up to 36" x 48") 30.00/Sheet Grayscale Plot on Reproducible Film 40.00/Sheet
Data Copied on CD or DVD 10.00/Disk
Data Copied on SD Card or USB Stick 20.00/Device
Parking & User Tolls Cost+15%
Advances on Permit, Plan Check, & Other Fees Cost+15%
Overnight & Special Delivery Cost+15%
Outside Printing & Reproduction Cost+15%
Stakes & Surveying Supplies Cost+15%
Other Outside Services Cost+15%
* Note: For Current Prevailing Wage Rates Please Contact KHR Associates. 76 2671/012225-0101
18679307.4 a11/27/23

EXHIBIT B
Insurance Requirements
A. Insurance Required
(1) Commercial General Liability insurance in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage.
(2) Automobile Insurance covering bodily injury and property damage for all activities of Consultant arising out of or in connections with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles in an amount not less than $1,000,000 combined single limit for each accident. (3) Workers’ Compensation Insurance providing statutory benefits as required by California law.
(4) Employer’s Liability Insurance with limits in an amount not less than $1,000,000.
(5) Professional Liability or Errors and Omissions Insurance designed to protect against acts, errors, or omissions of Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the Services required by this Agreement.

B. All insurance policies required hereunder, except the workers’ compensation insurance, shall comply with the following requirements:
(1) All insurance shall be written by insurers that are admitted and licensed to do business in the State of California and with A.M. Best’s rating of A- or better and a minimum financial size VII in accordance with the latest edition of Best’s Key Rating Guide. (2) The policies shall be endorsed to name City and its officers, officials, employees, agents, and volunteers as additional insureds. (3) All of Consultant’s insurance: (i) shall contain no special limitations on the scope of protection afforded to the additional insureds; (ii) shall be primary insurance and any insurance or self-insurance maintained by the additional insureds or any of them shall be in excess of Consultant’s insurance and shall not contribute with it; (iii) shall be “occurrence” rather than “claims made” insurance; (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall prohibit Consultant from waiving the right of subrogation prior to a loss except for professional liability; 77 2671/012225-0101
18679307.4 a11/27/23 -2-
and (vi) shall not contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured. (4) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days’ advance written notice of such change.

C. Consultant shall renew the required coverage annually as long as City or its employees or agents face an exposure from Consultant’s operations pursuant to this Agreement.

Termination of this obligation shall survive the termination or expiration of this Agreement and shall not be effective until City executes a written statement to that effect. 78 ITEM: 7.H
Consideration of an Acquisition of an 8' Easement from Highland Industrial Center LLC, property owner of 1801 Highland Avenue for the Highland Promenade, and Approval of an Agreement for Purchase and Sale and a budget amendment to Gas Tax Fund (2205-8100) for $55,500 for the Acquisition
Recommended Action:

It is recommended that the City Council approve the agreement for purchase and sale and a budget amendment for $55,500 for the acquisition to Gas Tax Fund (2205-8100).

Attachments:
7H - Purchase and Sale Agmt of Highland Property.pdf
79 80
2 1801 Highland: The property owner has agreed to provide an additional 8’ of right of way as an easement to the City. This will allow a first phase with an expanded sidewalk with enhancements.

It will also allow the two overhead utility poles to be undergrounded. When this property is redeveloped in the future, the property owner will be responsible for the build out of the additional 17 feet.
1750 Fasana Road: MBK is currently building Solana, a 292 unit apartment building on the 1750 property. A portion of that property, a 20 foot wide piece extends to Highland Avenue. As part of the approval, MBK dedicated the additional 25 feet. However, this area is part of the parking lot for the 1801 Highland building. So the Promenade buildout on this property will be the same as on the 1801 Highland property, an additional 8 feet. When this parking lot is redeveloped in the future, the building will be responsible for the build out of the additional 17 feet.

Metro Parking Lot: The entire 33’ Highland Promenade will be built out on the Metro property, however, that build out will be part of a future phase. Currently, Metro is in the RFP process to select a developer to building an apartment development on the site. Metro has agreed to require the developer to set the building back to the 33’ line and to participate in construction of the Highland Promenade. This portion of the Promenade will be the centerpiece. There will be public art and amenities in addition to the expanded pedestrian area. 1716 Evergreen Street: To expand the current 8’ sidewalk area to 33’ would require significant grading and drainage improvements and would also require the replacement of 21 parking spaces.

DISCUSSION/ANALYSIS
The proposed easement acquisition will allow the first phase of the Highland Promenade to proceed which will be a positive improvement for the area. The additional 8’ of right of way will result in an overall 16’ of right of way area from the Metro A Line station to the Metro parking lot. This additional 8’ is for the entire 359.37 foot width of the property. The Metro Parking lot will soon be transitioning into a mixed use development. When that property is developed there will be an entire 33’ of right of way area in this portion of the Promenade. Sidewalk and lighting improvements will extend north to the Freeway.

The Highland Promenade is a vital part of public improvements in this portion of the City. Other improvements that are in process include a new sidewalk and pedestrian lighting on the north side of Evergreen Street; improvement to the pedestrian access between Brightside Street and Buena Vista Street. Similar improvements have been completed in the past few years along Duarte Road.

RECOMMENDATION
Approve the “Agreement for Purchase and Sale” and a budget amendment for $55,500 for the acquisition to Gas Tax Fund (2205-8100).

FISCAL IMPACT
There will be a $55,500 impact to the Gas Tax Fund (2205-8100), design and acquisition cost are a portion of the City’s match for the Measure M Grant that will fund the Highland Promenade.

ATTACHMENTS
Agreement for Purchase and Sale
82 159/022390-0048
1134403.01 a11/21/23

AGREEMENT FOR PURCHASE AND SALE AND

ESCROW INSTRUCTIONS

BY AND BETWEEN

HIGHLAND INDUSTRIAL CENTER, LLC, A CALIFORNIA LIMITED LIABILITY

COMPANY
(“SELLER”)
AND

CITY OF DUARTE
(“BUYER”)
83 TABLE OF CONTENTS
Page
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i

1. PROPERTY......................................................................................................................1

2. PURCHASE PRICE .........................................................................................................1

2.1 Amount .................................................................................................................1

2.2 Payment of Purchase Price....................................................................................1

2.3 Additional Conditions...........................................................................................1

3. POSSESSION DURING ESCROW.................................................................................2

3.1 Construction Activities .........................................................................................3

3.2 Indemnity ..............................................................................................................3

4. ESCROW..........................................................................................................................3

4.1 Opening of Escrow ...............................................................................................3

4.2 Escrow Instructions...............................................................................................3

5. INSPECTION AND REVIEW.........................................................................................3

5.1 Title Matters..........................................................................................................3

5.2 Seller to Provide Environmental Studies and Information ...................................4

5.3 Continuing Due Diligence ....................................................................................4

6. CLOSE OF ESCROW......................................................................................................5

6.1 Close of Escrow; Closing Date .............................................................................5

6.2 Recordation; Release of Funds and Documents ...................................................5

7. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER.............6

7.1 Buyer’s Obligations..............................................................................................6

7.2 Seller’s Obligations...............................................................................................6

8. [RESERVED] ...................................................................................................................6

9. REAL PROPERTY TAXES AND ASSESSMENTS ......................................................6

10. CONDITIONS PRECEDENT TO CLOSING .................................................................6

10.1 Conditions Precedent to Buyer’s Obligations.......................................................6

10.2 Conditions Precedent to Seller’s Obligations.......................................................7

10.3 Termination of Agreement....................................................................................7

11. POSSESSION...................................................................................................................8

12. ALLOCATION OF COSTS .............................................................................................8

12.1 Buyer’s Costs........................................................................................................8

12.2 Seller’s Costs ........................................................................................................8 84 TABLE OF CONTENTS
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13. CONDEMNATION..........................................................................................................8

14. REPRESENTATIONS AND WARRANTIES.................................................................8

14.1 Title .......................................................................................................................8

14.2 Delivery.................................................................................................................8

14.3 Actions..................................................................................................................8

14.4 Hazardous Substances...........................................................................................8

14.5 Remedies...............................................................................................................9

14.6 Reservation of Rights............................................................................................9

15. COVENANTS OF SELLER ............................................................................................9

16. GENERAL WAIVER; DISMISSAL OF EMINENT DOMAIN ACTION...................10

17. MISCELLANEOUS .......................................................................................................10

17.1 Assignment .........................................................................................................10

17.2 Notices ................................................................................................................11

17.3 Fair Meaning.......................................................................................................11

17.4 Headings .............................................................................................................11

17.5 Choice of Laws; Litigation Matters....................................................................11

17.6 No Liability of Buyer’s Officials........................................................................11

17.7 Gender; Number..................................................................................................11

17.8 Survival...............................................................................................................12

17.9 Time of Essence..................................................................................................12

17.10 Waiver or Modification.......................................................................................12

17.11 Broker’s Fees......................................................................................................12

17.12 Duplicate Originals.............................................................................................12

17.13 Severability .........................................................................................................12

17.14 Exhibits...............................................................................................................12

17.15 Authority.............................................................................................................12

17.16 Entire Agreement; Amendment ..........................................................................12

EXHIBITS
Exhibit A: Legal Description of Permanent Roadway Easement Exhibit B: Depiction of Permanent Roadway Easement
Exhibit C: Grant of Permanent Roadway Easement
Exhibit D: License and Right of Entry
Exhibit E: Depiction of the Project
Exhibit F: Subordination of Deed of Trust to Easement Deed Exhibit G: General Provisions
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1 AGREEMENT FOR PURCHASE AND SALE

AND ESCROW INSTRUCTIONS

THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of November __, 2023 (“Effective Date”) by and between the CITY OF DUARTE, a California municipal corporation (“Buyer”); and HIGHLAND INDUSTRIAL CENTER, LLC, a California limited liability company (“Seller”).

R E C I T A L S:

A. Seller is the owner of that certain real property located in the City of Duarte, County of Los Angeles, State of California, more commonly known as 1801 Highland Avenue, Los Angeles County Assessor Parcel No. 8528-011-023 (the “Larger Parcel”).

B. Buyer desires to purchase and Seller desires to sell and convey a permanent roadway easement over portions of the Larger Parcel, more specifically described in Exhibit “A” and depicted in Exhibit “B”, both attached hereto and incorporated herein by this reference (the “Easement”).

C. Buyer desires to acquire the Easement for purposes of right-of-way improvements, specifically the Highland Avenue Project (“Project”).

A G R E E M E N T:

NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants herein contained, the parties hereto agree as follows:

1. EASEMENT. Subject to all of the terms, conditions and provisions of this Agreement, and for the consideration herein set forth, Seller hereby agrees to sell to Buyer and Buyer hereby agrees to purchase from Seller the Easement.

2. PURCHASE PRICE.

2.1 Amount. The purchase price which Seller agrees to accept and Buyer agrees to pay for the Easement is the sum of FIFTY FOUR THOUSAND DOLLARS ($54,000) (the “Purchase Price”). The parties agree that the Purchase Price reflects the full payment that Seller will receive from Buyer for the Easement, and is inclusive of any claims for damages, loss of goodwill, lost profits, lost business income, sign relocation and relocation benefits, including all matters which are the subject of the various waivers stated herein. Seller waives any and all right it may have to seek additional compensation for such claims, so long as the Project is constructed and operated in the manner proposed.

2.2 Payment of Purchase Price. On or before 1:00 p.m. on the business day preceding the “Closing Date” (as that term is defined in Section 6.1), or such earlier time as reasonably required by “Escrow Holder” in order to close “Escrow” (as those terms are defined in Section

4.1) on the Closing Date, and provided that Escrow is otherwise ready to close in all other respects (except for Buyer’s required deliveries hereunder), Buyer shall deposit with Escrow Holder in 86 159/022390-0048
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2 good funds an amount equal to the Purchase Price plus all other costs and expenses chargeable to Buyer hereunder.
“Good funds” shall mean a wire transfer of funds, cashier’s or certified check drawn on or issued by the offices of a financial institution located in the State of California, a check written by Buyer from municipal funds, or cash. Buyer and Seller each agree to execute and deliver to Escrow Holder such documents as required by Escrow Holder for the reporting of any interest credited to each party.

2.3 Additional Conditions.

2.3.1 Buyer agrees to perform the following work on within the Easement as part of the Project: (i) demolish the portion of the wall that is within the Easement area, remove the existing bollard that protects the wall, refinish the wall, and replace the bollard in a clean professional manner, (ii) remove the other improvements in the Easement, including the existing sign; and iii) complete sidewalk and pedestrian improvements in the Easement (Highland Promenade). A depiction of the Project is attached hereto as Exhibit “E” and incorporated herein by this reference. Seller acknowledges that the Project may require access to and use of portions of the Larger Parcel outside the boundaries of the Easement. Seller hereby grants Buyer and its employees, representatives, agents and contractors, a non-exclusive, revocable, temporary license and right of entry on, over, across and through the Larger Parcel for purposes of performing the Project, subject to the terms and conditions of the License and Right of Entry Agreement attached hereto as Exhibit “D” and incorporated herein by this reference. Seller shall execute and deposit the License and Right of Entry Agreement with Escrow Holder prior to the Closing Date, as set forth in paragraph 7.2. Seller shall replace the sign with a new sign at Seller’s expense upon completion of the Project. The design, size, location and installation of the new sign shall be subject to Buyer’s design review process. Seller shall obtain all necessary permits and approvals for the new sign and install it within one hundred twenty (120) days after Buyer notifies Seller in writing that the Project is completed.

2.3.2 To the extent any driveway on the site is required to be demolished, damaged, or reconstructed during construction of the Project, all work on such driveways shall be done so as to maintain access via detour to the same area, or via construction in one half segments at a time, in order to keep the driveway open to vehicular traffic during business hours, and Buyer shall reconstruct the driveway to a standard that will allow heavy truck traffic. Buyer will provide 60-day notice before construction on the Project begins.

2.3.3 Seller agrees to relandscape the front setback area of the Easement in a manner consistent with the surrounding properties and the applicable zoning and design standard.

Seller shall obtain all necessary permits and approvals for the landscaping work from the applicable governmental authorities and comply with all applicable laws, ordinances, rules and regulations. Seller shall complete the landscaping work within six (6) months after Buyer notifies Seller in writing that the construction of the Project is completed.

2.3.4 Seller acknowledges that the Easement is only a portion of the Highland Promenade feature addressed in the Duarte Station Specific Plan the Larger Parcel may be subject to additional dedication requirements if the Larger Parcel is redeveloped in the future, in accordance with the Duarte Station Specific Plan and any other applicable laws, ordinances, rules 87 159/022390-0048
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3 and regulations. Buyer and Seller agree that the Easement area will be included in any setback, floor area ratio, or density calculation for any future redevelopment on the Larger Parcel.

3. POSSESSION DURING ESCROW.

3.1 Construction Activities. Commencing upon the Opening of Escrow and continuing thereafter until the Close of Escrow, and in addition to any rights granted hereunder for Buyer’s Due Diligence, Seller hereby grants to Buyer and its employees, representatives, agents and contractors, a right of entry on, over and across and through the Easement for purposes of performing pre-construction review and other related activities incidental thereto with respect to the Project. All work performed by Buyer shall be at Buyer’s sole cost and expense. Buyer’s right of entry set forth herein shall be equivalent to the right of prejudgment possession under California Civil Code Section 1255.401, et seq. and Buyer shall be afforded all of the rights and privileges under Section 1255.401, et seq. as if Buyer had secured an Order for Prejudgment Possession allowing Buyer to take possession of the Easement.

3.2 Indemnity. Except to the extent caused by the gross negligence or willful misconduct of Seller (or its employees, consultants, contractors, agents or representatives), Buyer hereby agrees to defend, indemnify and hold harmless Seller, its employees, officers, partners, agents, and representatives from and against all actions, proceedings, claims, demands, penalties, loss, liability, expenses, damages, and costs (including attorneys’ fees and costs) arising from or in any way relating to (i) any liens or encumbrances caused by Buyer, and (ii) Buyer’s entry onto, work performed on, or use of the Easement prior to the Close of Escrow pursuant to the right of entry granted pursuant to this Section 3.

4. ESCROW.

4.1 Opening of Escrow. Closing of the sale of the Easement shall take place through an escrow (“Escrow”) to be established within three (3) business days after the execution of this Agreement by the parties hereto, with Chicago Title Company (“Escrow Holder”) at its office located at 725 South Figueroa St. Suite 200, Los Angeles, CA 90017, Jordan Curiel, [email protected], 213-488-4371. The opening of the Escrow (the “Opening of Escrow”) shall be deemed to be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder. Escrow Holder is instructed to notify Buyer and Seller in writing of the date of the Opening of Escrow.

4.2 Escrow Instructions. This Agreement, once deposited in Escrow together with the General Provisions, as attached hereto as Exhibit “G”, shall constitute the joint escrow instructions of Buyer and Seller to Escrow Holder. Additionally, if Escrow Holder so requires, Buyer and Seller agree to execute the form of escrow instructions that Escrow Holder customarily requires in real property escrows administered by it. In the event of any conflict or inconsistency between Escrow Holder’s standard instructions or the General Provisions and the provisions of this Agreement, the provisions of this Agreement shall supersede and be controlling.

5. INSPECTION AND REVIEW.

5.1 Title Matters. Buyer shall, within ten (10) days of the approval of this Agreement by all parties, obtain a preliminary title report prepared by Chicago Title Company, 725 South 88 159/022390-0048
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4 Figueroa St., Suite 200, Los Angeles, CA 90017, Patricia Schlageck, [email protected], 213-488-4300 (“Title Company”) describing the state of title of the Larger Parcel together with copies of all underlying documents (collectively, the “Preliminary Title Report”). Buyer may, at its sole cost and expense, obtain a current survey of the Easement or Larger Parcel (the “Survey”).

Buyer shall notify Seller in writing of any objections Buyer may have to title exceptions contained in the Preliminary Title Report or matters shown on the Survey (if Buyer has obtained) no later than the date which is fifteen (15) business days of its receipt of the Preliminary Title Report (“Buyer’s Objection Notice”), or fifteen (15) days after the approval of this Agreement by all parties, whichever is later. Buyer’s approval or disapproval of the matters set forth in the Preliminary Title Report (and the Survey, if applicable) may be granted or withheld in Buyer’s sole and absolute discretion. Except as to any monetary liens or encumbrances, which shall be deemed disapproved unless Buyer specifically approves them in writing, Buyer’s failure to provide Seller with a Buyer’s Objection Notice within such period shall constitute Buyer’s approval of all exceptions to title shown on the Preliminary Title Report. If Buyer disapproves or conditionally approves any of the foregoing matters, or such matters are deemed disapproved, Seller may, within five (5) business days after its receipt of Buyer’s Objection Notice, elect to eliminate to Buyer’s sole satisfaction such disapproved or conditionally approved matters. Within such five (5) business day period, Seller shall give Buyer written notice (which shall hereinafter be referred to as “Seller’s Title Notice”) of those disapproved or conditionally approved matters, if any, which Seller covenants and agrees to eliminate from the Preliminary Title Report as exceptions to title to the Easement to Buyer’s satisfaction by the Closing Date. If Seller does not elect in Seller’s Title Notice to eliminate any disapproved or conditionally approved matters as provided above, or if Buyer disapproves, in Buyer’s discretion, Seller’s Title Notice, then Buyer shall have the right, by a writing delivered to Seller and Escrow Holder prior to a period five (5) business days after the receipt of Seller’s Title Notice to: (A) waive its prior disapproval, in which event said disapproved matter(s) shall be deemed approved, or (B) terminate this Agreement and the Escrow created pursuant hereto. Otherwise, the Buyer shall take title at the Close of Escrow subject to such objectionable, non-monetary items without any adjustment to or credit against the Purchase Price.

Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, including any survey exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement. The process set forth above for Buyer’s review and Seller’s response shall apply to any review and response with respect to any amendment or supplement to the Preliminary Title Report, and the Closing shall be extended for such period as is necessary to allow for that review and response process to be completed.

5.2 Seller to Provide Environmental Studies and Information. Immediately upon the Opening of Escrow, Seller shall provide without charge to Buyer full, complete, and accurate copies of such environmental studies, laboratory results or analyses, surveys or drilling logs, Phase 1 or Phase 2 analyses, monitoring well reports, or any other type of report, summary, data, or information as are in Seller’s possession or control regarding any soil or groundwater condition, or other environmental condition on the Easement, or the Larger Parcel. Buyer shall have full access to such information to assist its conduct of Due Diligence investigations regarding the Easement.

5.3 Continuing Due Diligence. For a period of thirty (30) days (the “Due Diligence Period”) commencing upon the Opening of Escrow, Buyer shall have the right to examine, inspect and investigate the Easement area and, at Buyer’s sole and absolute discretion, to determine 89 159/022390-0048
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5 whether the physical and environmental condition of the Easement area is acceptable to Buyer.

This right shall supersede any prior agreement or arrangement that might be made between Buyer and Seller regarding access to the Easement area to perform environmental studies or analyses.

Seller shall permit Buyer, its engineers, analysts, contractors, lenders and agents to conduct physical inspections of the Easement area, including soil, subsurface soils, drainage, seismic and other geological and topographical matters, location of toxic substances, hazardous materials or wastes, if any, and any other investigations as Buyer deems prudent with respect to the physical condition of the Easement area. Such investigations may be made by Buyer and/or its agents during any normal business hours. Seller shall have the right, but not the obligation, to accompany Buyer during such investigations and/or inspections but shall not interfere therewith, and shall be provided with copies of reports developed during such investigation or inspection. Buyer shall repair any and all damage to the Easement area caused by such inspections or investigations in a timely manner, and shall indemnify and defend the Seller from and against liability arising from Buyer’s negligent conduct in the physical inspection hereunder. Buyer shall notify Seller and Escrow Holder in writing (“Buyer’s Due Diligence Notice”) on or before the expiration of the Due Diligence Period of Buyer’s approval or disapproval of the condition of the Easement area, and Buyer’s investigations with respect thereto. Buyer’s failure to deliver Buyer’s Due Diligence Notice on or before the expiration of the Due Diligence Period shall be deemed Buyer’s approval thereof.

6. CLOSE OF ESCROW.

6.1 Close of Escrow; Closing Date. Provided that all of the conditions of this Agreement precedent to the “Close of Escrow” (as hereinafter defined) as set forth in Section 10 below have been satisfied (or waived by the appropriate party) prior to or on the Closing Date, the Closing of this transaction for the sale and purchase of the Easement shall take place on or before forty five (45) days after the Opening of Escrow (“Closing Date”). The Closing Date may be extended by mutual written agreement by Buyer and Seller. Notwithstanding the foregoing, if Buyer and Seller agree to advance the Closing, and so long as all of “Buyer’s Conditions to Closing” and all of “Seller’s Conditions to Closing” (as those terms are defined in Section 10) have been satisfied (or waived by the appropriate party), Seller and Buyer may elect to authorize the Closing before the Closing Date. The terms “Close of Escrow”, “Closing Date” and the “Closing” are used herein to mean the time Seller’s grant of permanent roadway easement conveying interest in the Easement to Buyer is recorded in the Official Records of the Office of the County Recorder of Los Angeles (“Official Records”). If Escrow is not in a condition to close by the Closing Date, either party not then in default hereunder may, upon five (5) business days’ advance written notice to the other party and Escrow Holder, elect to terminate this Agreement and the Escrow. No such termination shall release either party then in default from liability for such default. If neither party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible.

6.2 Recordation; Release of Funds and Documents.

6.2.1 Escrow Holder is directed, on the Closing Date, to record in the Official Records, the documents listed in Section 7.2 below; and such other and further documents as may be directed jointly by Buyer and Seller.
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6 6.2.2 Upon the Closing, Escrow Holder shall deliver (i) the Purchase Price to Seller pursuant to Section 9, and (ii) conformed copies of all recorded documents to both Buyer and Seller.

7. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER.

7.1 Buyer’s Obligations. Buyer agrees that on or before 1:00 p.m. of the last business day immediately preceding the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following:

7.1.1 the Purchase Price; and

7.1.2 any and all additional funds, instruments or other documents required from Buyer (executed and acknowledged where appropriate) as may be reasonably necessary in order for the Escrow Holder to comply with the terms of this Agreement.

7.2 Seller’s Obligations. Seller agrees that on or before 1:00 p.m. of the last business day immediately preceding the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder each of the following:

7.2.1 the executed and acknowledged Grant of Permanent Roadway Easement in the form of Exhibit “C” attached hereto and made a part hereof;

7.2.2 the executed and acknowledged License and Right of Entry in the form of Exhibit “D” attached hereto and made a part hereof;

7.2.3 all other funds, items, and instruments required from Seller (executed and acknowledged where appropriate) as may be reasonably necessary in order for Escrow Holder to comply with the provisions of this Agreement.

8. [RESERVED]

9. REAL PROPERTY TAXES AND ASSESSMENTS. Seller shall be responsible for paying all real and personal property taxes and assessments which are of record as of the Closing Date and/or have accrued against the Easement only prior to (and including) the Closing Date (notwithstanding whether such taxes and/or assessments are due and payable as of the Closing Date).

9.1 Subordination. Any existing Deeds of Trust as evidenced on the Title Report will need to be subordinated to the grant of permanent roadway easement as reflected in Exhibit “F”, Subordination of Deed of Trust to Easement Deed.

10. CONDITIONS PRECEDENT TO CLOSING.

10.1 Conditions Precedent to Buyer’s Obligations. The obligations of Buyer under this Agreement to purchase the Easement and close the Escrow shall be subject to the satisfaction or signed written waiver by Buyer of each and all of the following conditions precedent (collectively, “Buyer’s Conditions to Closing”):
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7 10.1.1 [Reserved];

10.1.2 Escrow Holder holds all instruments and funds required for the Closing and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement;

10.1.3 Except as otherwise permitted by this Agreement, all representations and warranties by the Seller in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Seller pursuant to this Agreement shall have been fulfilled by the Closing Date;

10.1.4 Seller is not in material default of any term or condition of this Agreement;

10.1.5 as of the Closing Date, no judicial or administrative challenges have been presented or filed against the Buyer’s actions in proceeding with the Project; and

10.1.6 Buyer possesses a continuous and uninterrupted right of entry with respect to the Easement area pursuant to Section 3 and the right of entry has not been suspended or terminated as of the Closing Date.

In the event that any of Buyer’s Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Buyer prior to the expiration of the applicable period for satisfaction or waiver, Buyer may terminate this Agreement.

10.2 Conditions Precedent to Seller’s Obligations. The obligations of Seller under this Agreement shall be subject to the satisfaction or signed written waiver by Seller of each and all of the following conditions precedent (“Seller’s Conditions to Closing”):

10.2.1 Escrow Holder holds the Purchase Price and all other instruments and funds required for the Closing and will deliver to Seller the instruments and funds, including but not limited to the Purchase Price accruing to Seller pursuant to this Agreement;

10.2.2 Except as otherwise permitted by this Agreement, all representations and warranties by the Buyer in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Buyer pursuant to this Agreement shall have been fulfilled by the Closing Date; and

10.2.3 Buyer is not in material default of any term or condition of this Agreement.

In the event that any of Seller’s Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Seller prior to the expiration of the applicable period for satisfaction or waiver, Seller may terminate this Agreement.

10.3 Termination of Agreement. In the event any condition to the obligation of Buyer or Seller to convey the Easement has not been satisfied on or before the dates specified therein or, if no date has been specified, on or before the Closing Date, Buyer (if such condition is for the benefit of Buyer) or Seller (if such condition is for the benefit of Seller) shall have the right to terminate this Agreement and the Escrow by delivery of written notice to the other party and to Escrow Holder.
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8 11. POSSESSION. Permanent possession or use of the Easement shall be delivered by Seller to Buyer on the Closing Date or later, at the discretion of Buyer, subject only to the Permitted Exceptions.

12. ALLOCATION OF COSTS.

12.1 Buyer’s Costs. Buyer shall pay all closing costs associated with this Agreement and the conveyance of the Easement from Seller to Buyer, including any and all escrow and title fees, recording fees, and documentary transfer tax in connection with this Agreement and the transactions contemplated hereby.

12.2 Seller’s Costs. Seller shall pay any payments under Section 9 above, and the costs, fees, charges, or other expenses of obtaining any reconveyances or other instruments, documents, or actions required to place title in a condition to effectuate the Closing.

12.3 Attorney Fees. Each party shall bear the expense of its own counsel and consultants, provided that Buyer shall, at the Close of Escrow, reimburse Seller for its reasonable attorneys’ fees associated with the transactions contemplated by this Agreement in an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00)

13. CONDEMNATION. In the event that, prior to the Close of Escrow, any governmental entity (other than Buyer) shall commence any proceedings of or leading to eminent domain or similar type proceedings to take all or any portion of the Easement area, Buyer and Seller shall promptly meet and confer in good faith to evaluate the effect of such action on the purposes of this Agreement.

14. REPRESENTATIONS AND WARRANTIES.

14.1 Title. Seller is the sole owner of the Larger Parcel and has good, absolute and marketable title to the Larger Parcel and has full power and authority to own and sell and convey the Easement over under and/or through the Larger Parcel to Buyer, and to enter into and perform its obligations pursuant to this Agreement.

14.2 Delivery. The execution and delivery of this Agreement by Seller, Seller’s performance hereunder, and the completion of this transaction will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present party, or by which Seller is bound.

14.3 Actions. To Seller’s knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Larger Parcel or Easement area is pending, proposed or threatened.

14.4 Hazardous Substances. To the best of Seller’s knowledge, the Easement area has not at any time been used for the purposes of storing, manufacturing, releasing or dumping Hazardous Materials. For purposes of this Agreement, the term “Hazardous Materials” shall mean (1) hazardous wastes, hazardous materials, hazardous substances, hazardous constituents, toxic substances or related materials, whether solids, liquids or gases, including, but not limited to, substances deemed as “hazardous wastes,” “hazardous materials,” “hazardous substances,” “toxic substances,” “pollutants,” “contaminants,” “radioactive materials,” or other similar designations 93 159/022390-0048
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9 in, or otherwise subject to regulation under, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (“CERCLA”), 42 U.S.C. § 9601 et seq.; the Toxic Substance Control Act (“TSCA”), 15 U.S.C. § 2601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 9601, et seq.; the Clean Water Act (“CWA”), 33 U.S.C. § 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300 et seq.; the Clean Air Act (“CAA”), 42 U.S.C. § 7401 et seq.; the Hazardous Waste Control Law, California Health and Safety Code § 25025 et seq., and § 33349; the Carpenter-Presley-Tanner Hazardous Substance Account Act, California Health and Safety Code, Division 20, Chapter 6.8, the Hazardous Materials Release Response Plans and Inventory Act, California Health and Safety Code, Division 20, Chapter 6.95, The Underground Storage of Hazardous Substances Act, California Health and Safety Code, Division 20, Chapter

6.7, the Porter-Cologne Act, California Water Code § 13050 et seq. and in any permits, licenses, approvals, plans, rules, regulations or ordinances adopted, or other criteria and guidelines promulgated pursuant to the preceding laws (collectively the “Environmental Laws”); and (ii) any other substances, constituents or wastes subject to any applicable federal, state or local law, regulation, ordinance, including any Environmental Law, now in effect, including, but not limited to, (A) petroleum, (B) refined petroleum products, (C) waste oil, (D) waste aviation or motor vehicle fuel, (E) asbestos, (F) lead in water, paint or elsewhere, (G) radon, (H) polychlorinated biphenyls (PCB’s) and (I) ureaformaldehyde.

14.5 Remedies. In the event Buyer discovers Hazardous Materials, or contaminated soil and/or water in, on or under the Easement area that must be remedied, and such discovery is made after the Closing Date, and Seller is determined to be a responsible party therefor, the sale and this Agreement shall not limit any claim by Buyer that Seller must indemnify Buyer for necessary costs and expenses incurred by Buyer for the removal and disposal of any such Hazardous Materials, contaminated soil and/or water upon receipt of a bill or invoices therefor. Such indemnity shall extend to Buyer, its officers, employees, consultants and agents, for any and all liability, costs, fines, penalties, charges and/or claims of any kind whatsoever related to the existence and removal of any Hazardous Materials, contaminated soil and/or water. Such indemnity shall survive the Closing of Escrow.

14.6 Reservation of Rights. Notwithstanding anything to the contrary set forth in this Agreement, Buyer reserves all rights and remedies, at law or in equity, with respect to Hazardous Materials, contaminated soil and/or water in, on or under the Easement area discovered by Buyer following the Close of Escrow. This Section 14 shall survive the Closing Date and shall remain a binding contract between Buyer and Seller.

15. COVENANTS OF SELLER. Seller agrees that during the period between the Effective Date of this Agreement and the Closing Date:

15.1.1 Seller shall maintain the Easement area in not less than the state of repair as that existing on the Effective Date (excepting ordinary wear and tear);

15.1.2 Seller shall not convey, grant, lease, assign, mortgage, hypothecate, encumber, or otherwise transfer (on or off record) the Easement area or any interest therein;

15.1.3 Prior to Closing, Seller shall maintain Seller’s existing insurance, if any, on the Larger Parcel; and
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10 15.1.4 Prior to the Closing, Seller shall not alter the physical condition of the Easement area or introduce or release, or permit the introduction or release, of any Hazardous Materials in, from, under, or on the Easement area.

16. GENERAL WAIVER; DISMISSAL OF EMINENT DOMAIN ACTION. Seller acknowledges and agrees that the compensation to be paid to it hereunder is in full, final, complete, and permanent consideration of all claims Seller has or may have, for damages, compensation, or benefits of any kind, arising out of Buyer’s acquisition of the Easement, and construction and operation of the Project in the manner proposed. Except for claims to the compensation provided for under this Agreement, Seller waives any claim for just compensation, damages of any kind (including damages for loss of access, loss of use, pre-condemnation damage, or any other type of damage or injury), and all claims for loss of business goodwill, interest, costs, litigation expenses, improvements pertaining to the realty, moving expenses, relocation assistance or benefits of any kind, or any compensation whatsoever arising out of the City’s acquisition of the Easement, and City’s pre-acquisition planning for, and execution and construction of the Project, in the manner proposed. In addition, Seller hereby acknowledges that Buyer may file a Condemnation Action regarding the Easement, naming the owner of the Larger Parcel, and others as necessary defendants, and may apply for an Order of Prejudgment Possession. Seller hereby consents to the issuance of an Order of Prejudgment Possession as to its interest in the Easement area. Seller agrees that the compensation to be paid by this Agreement shall be in lieu of the deposit of the probable compensation pursuant to the Code of Civil Procedure, Section 1255.010. Seller also hereby consents to the dismissal of the Condemnation Action, and waives any claim for costs, attorney's fees, or any other litigation expenses or costs, in connection therewith.

Seller further waives and relinquishes any objection to Buyer's right to take the Easement by eminent domain, and any rights to a lease or buy-back of the Easement area, or other reimbursements, arising out of Code of Civil Procedure sections 1245.245, 1263.025, or any related provision of law.

In connection with such waivers, and each of them, Seller specifically waives any benefit from, or application of, Civil Code section 1542, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES

NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE

AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASED PARTY.

Seller represents to Buyer it has had the opportunity to review with counsel the meaning and import of waiving Civil Code section 1542, and knowingly and willingly waives it.

17. MISCELLANEOUS.

17.1 Assignment. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, representatives, successors and assigns. Neither party to this Agreement may assign this Agreement or any interest or right hereunder or under the 95 159/022390-0048
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11 Escrow without the prior written consent and approval of the other party, which consent and approval may be withheld in the sole and absolute discretion of either party. No provision of this Agreement is intended nor shall in any way be construed to benefit any party not a signatory hereto or to create a third party beneficiary relationship.

17.2 Notices. All notices under this Agreement shall be effective upon personal delivery, via email so long as the sender receives confirmation of successful transmission from the recipient, or three (3) business days after deposit in the United States mail, registered, certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing:

To Seller: Highland Industrial Center, LLC
11620 Wilshire Boulevard #1000
Los Angeles, CA 90025
Attn: Howard Schwimmer
Email: [email protected] and
[email protected]
To Buyer: City of Duarte
1600 Huntington Drive
Duarte, CA 91010
Attn: Community Development Director
Email: [email protected]

17.3 Fair Meaning. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto.

17.4 Headings. The headings at the beginning of each numbered Section of this Agreement are solely for the convenience of the parties hereto and are not a part of this Agreement.

17.5 Choice of Laws; Litigation Matters. This Agreement shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Superior Courts of the State of California in and for the County of Los Angeles, shall have exclusive jurisdiction of any litigation between the parties concerning this Agreement. Service of process on Buyer shall be made in accordance with California law. Service of process on Seller shall be made in any manner permitted by California law and shall be effective whether served inside or outside California.

17.6 No Liability of Buyer’s Officials. No officer, official, member, employee, agent, or representatives of Buyer shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative.

17.7 Gender; Number. As used in this Agreement, masculine, feminine, and neuter gender and the singular or plural number shall be deemed to include the others wherever and whenever the context so dictates.
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12 17.8 Survival. This Agreement and all covenants to be performed after the Closing, and, except as otherwise set forth herein, all representations and warranties contained herein, shall survive the Closing Date and shall remain a binding contract between the parties hereto.

17.9 Time of Essence. Time is of the essence of this Agreement and of each and every term and provision hereof, it being understood that the parties hereto have specifically negotiated the dates for the completion of each obligation herein.

17.10 Waiver or Modification. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Buyer and Seller. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver.

17.11 Broker’s Fees. Seller and Buyer represent and warrant to the other that neither Buyer nor Seller has employed any broker and/or finder to represent its interest in this transaction.

Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney’s fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder’s fee in connection with the conveyance of the Easement arising out of agreements by the indemnifying party to pay any commission or finder’s fee.

17.12 Duplicate Originals. This Agreement may be executed in any number of duplicate originals, all of which shall be of equal legal force and effect.

17.13 Severability. If any term, covenant or condition of this Agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

17.14 Exhibits. The Exhibits attached to this Agreement are incorporated herein by this reference and made a part hereof.

17.15 Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound.

17.16 Entire Agreement; Amendment. Except as set forth above, this Agreement and the exhibits incorporated herein contain the entire agreement of Buyer and Seller with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized officers or representatives of each of the parties hereto.
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13 [SIGNATURES ON NEXT PAGE]
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14 IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above.

SELLER:

HIGHLAND INDUSTRIAL CENTER, LLC,
a California limited liability company
By:

Name: Howard Schwimmer
Title: Managing Member
BUYER:

CITY OF DUARTE, a California municipal
corporation
By:

Jody Schulz, Mayor
ATTEST:

Annette Juarez, City Clerk
APPROVED AS TO FORM:

City Attorney
By:

Thai V. Phan, City Attorney
99 15
EXHIBIT “A”

LEGAL DESCRIPTION OF

PERMANENT ROADWAY EASEMENT
[See Attached]
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JAMES H. KAWAMURA – REGISTRATION NO. 30560
REGISTRATION EXPIRES: 03/31/24
EXHIBIT “A”

LEGAL DESCRIPTION
THAT PORTION OF PARCEL 2, IN THE CITY OF DUARTE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 6, PAGE 1OF PARCEL MAPS, IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE SPECIFICALLY DESCRIBED AS FOLLOWS:

THE EAST 8.00 FEET OF SAID PARCEL 2.

THE ABOVE DESCRIBED AREA OF LAND CONTAINS 2,875 S.F.

PREPARED BY:

KHR ASSOCIATES
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EXHIBIT “B”

DEPICTION OF

PERMANENT ROADWAY EASEMENT
[See Attached]
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EXHIBIT “C”

GRANT OF PERMANENT ROADWAY EASEMENT
[See Attached]
104
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Duarte
1600 Huntington Drive
Duarte, CA 91010
Attention: City Clerk
Exempt from Recording Fee
Pursuant to Government Code Section 6103
Exempt from Documentary Transfer Tax
Pursuant to R&T Code § 11922
(Space above this line for Recorder's use)
APN: 8528-011-023
FULL [ ] PORTION [X]

GRANT OF PERMANENT ROADWAY EASEMENT
For valuable consideration, receipt of which is hereby acknowledged, HIGHLAND INDUSTRIAL CENTER, LLC, a California limited liability company (Grantor”), hereby grants to the CITY OF DUARTE, a municipal corporation (“Grantee”) a permanent roadway easement (the “Easement”) in, on, over, along, through, upon, under and across that certain real property (the “Easement Area”), described on Attachment “1” and depicted on Attachment “2” attached hereto and incorporated herein by this reference, for the following purposes:

A perpetual exclusive easement for public right of way, street, drainage, pedestrian and utility purposes, including all use of the Easement Area for purposes incident to public right of way use, including but not limited to the construction, maintenance, and operation of a roadway, or other transportation facilities, underground and above ground utilities and appurtenances, cable communication or telecommunication facilities; directional, street identification, or roadway informational signage; traffic control devices; curbs; gutters; sidewalks; drainage and sewage facilities; and transportation facilities such as bus bays, benches, bus or train stops, bicycle pathways, or facilities for railway or other public transportation vehicles or manners of conveyance.

Grantor retains the right to benefit from the Easement Area and the Easement Area will be included in any setback, floor area ratio, or density calculation for any future development or redevelopment of the 1801 Highland larger parcel.
[Signatures on next page]
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IN WITNESS WHEREOF, the Grantor has caused this Grant of Permanent Roadway Easement to be executed as of this ______day of _______________, 2023.

GRANTOR:

HIGHLAND INDUSTRIAL CENTER, LLC, a
California limited liability company
By:

Name: Howard Schwimmer
Title: Managing Member
106
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Riverside )
On ____________________, 2023, before me, ____________________, Notary Public, personally appeared ____________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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ATTACHMENT “1”

TO GRANT OF PERMANENT ROADWAY EASEMENT

LEGAL DESCRIPTION OF THE PERMANENT EASEMENT
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ATTACHMENT “2”

TO GRANT OF PERMANENT ROADWAY EASEMENT

DEPICTION OF THE PERMANENT EASEMENT
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CERTIFICATE OF ACCEPTANCE

GRANT OF PERMANENT ROADWAY EASEMENT
This is to certify that the interest in real property conveyed by this Grant of Permanent Roadway Easement dated ________________, 2023, as made by HIGHLAND INDUSTRIAL CENTER, LLC, a California limited liability company, to the CITY OF DUARTE, a California municipal corporation, is hereby accepted by the undersigned officer of the City of Duarte, on behalf of the City of Duarte, pursuant to authority conferred by Resolution No. 10-31 of the City Council of the City of Duarte adopted on July 27, 2010.

Dated _____________________, 2022

CITY OF DUARTE,
a California municipal corporation
By:

Brian Villalobos, City Manager
ATTEST:

Annette Juarez, City Clerk
112
EXHIBIT “D”

LICENSE AND RIGHT OF ENTRY
[See Attached]
113

LICENSE AND RIGHT OF ENTRY
Highland Industrial Center, LLC, a California limited liability company (“Owner”), hereby grants to the City of Duarte, and its employees, representatives, agents and contractors (collectively referred to as the “City”), a non-exclusive temporary license and right of entry to enter upon, use and occupy the property located at 1801 Highland Avenue, Duarte (APN 8528- 011-023), as shown on Exhibit “1” attached hereto and incorporated herein by this reference (the “Property”), for the purpose of performing any and all work necessary or incidental to the construction of the City’s Highland Avenue Project (the “Project”), as depicted in Exhibit “2” attached hereto and incorporated herein by this reference. Such work shall include, but not be limited to, the following: excavation; grading; earth fill; compaction; installation of concrete forms; irrigation; utility; sign removal; accommodation of private drainage facilities; adjusting grade differentials between the Project and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas; providing standard construction site control measures; and restoring the Property to the same functional condition as reasonably practicable to the condition before the Project, consistent with the Project to be constructed. This License and Right of Entry is subject to the terms and conditions of the Agreement for Purchase and Sale and Joint Escrow Instructions between Owner and City dated November __, 2023, which agreement is incorporated herein by this reference.

City agrees to indemnify, defend and hold harmless Owner from and against any and all claims, demands, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or resulting from City’s exercise of this License and Right of Entry, except to the extent caused by the negligence or willful misconduct of Owner or its employees, representatives, agents or contractors.

City agrees not to assign, transfer, lease, pledge or otherwise dispose of its License and Right of Entry without the prior written consent of Owner, which consent may be withheld in Owner’s sole discretion. No right of entry to existing buildings on the Property is conveyed by this instrument.

This License and Right of Entry shall become effective upon the execution of this instrument by both parties and shall terminate upon the earlier of (i) twelve (12) months after City provides written notice to Owner that it has commenced construction of the Project, or (ii) City provides written notice to Owner that it has completed construction of the Project.

This License and Right of Entry shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, legal representatives, successors and assigns.
[SIGNATURES ON FOLLOWING PAGE]
114
Date: THE CITY OF DUARTE
A municipal organization under the laws of
the State of California
By:

OWNERS:

HIGHLAND INDUSTRIAL CENTER, LLC,
a California limited liability company
By:

Name: Howard Schwimmer
Title: Managing Member
115
EXHIBIT “1”

TO LICENSE AND RIGHT OF ENTRY

LEGAL DESCRIPTION OF THE LARGER PARCEL
116
EXHIBIT “2”

TO LICENSE AND RIGHT OF ENTRY

DEPICTION OF THE PROJECT
117
EXHIBIT “E”

DEPICTION OF THE PROJECT
[See Attached]
118
EXHIBIT “F”

SUBORDINATION OF DEED OF TRUST TO GRANT OF

PERMANENT ROADWAY EASEMENT
[See Attached]
119
Facility [Project]:

Facility [Project] No.:

Parcel No.:

A.P. No.:

Location:

SUBORDINATION OF DEED OF TRUST TO

GRAND OF PERMANENT ROADWAY EASEMENT
For value received,
[Beneficiary Name],
Beneficiary under that certain Deed of Trust (encumbering land owned by Highland Industrial Center, LLC, a California limited liability company) which was recorded as Document No. ____________ of Official Records in the office of the County Recorder of Los Angeles County, California, hereby agrees that the grant of permanent roadway easement to the City of Duarte, an unexecuted copy of which, including legal description of said easement, is attached as "EXHIBIT A" and by reference made a part, shall be and remain paramount, prior and superior to and forever bind the interests of the undersigned under said Deed of Trust, for all purposes as fully as though said grant of permanent roadway easement had been executed and delivered prior to the creation of said Deed of Trust and the latter made and accepted specifically subject to and subordinate thereto. 120
EXHIBIT “G”

GENERAL PROVISIONS
(Attached)
121

GENERAL PROVISIONS
IMPORTANT – PLEASE READ CAREFULLY

1. Privacy Notice (15 U.S.C. 6801 and 16 CFR Part 313)
We collect nonpublic personal information about you from information you provide on forms and documents and from other people such as your lender, real estate agent, attorney, title company, etc. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.

2. Execution & Delivery of Escrow Instructions
These instructions may be executed in counterparts and said counterparts together will constitute one and the same instrument. In the event that the parties hereto utilize facsimile or electronically transmitted instructions to Escrow Holder, said parties hereby instruct Escrow Holder to rely upon such instructions as if they were originals. Any amendments and supplements to these instructions must be in writing and shall only be effective when executed and delivered to Escrow Holder. Escrow Holder shall not be concerned with nor have any obligations with respect to items designated as memoranda in these instructions or with any other agreement or contract between the parties to this escrow.

3. Deposit of Funds
(i) All funds received in this escrow will be deposited with other escrow funds in one or more non-interest-bearing escrow accounts of Escrow Holder in a financial institution selected by Escrow Holder. Escrow Holder shall not be responsible and shall have no liability for any delay in closing this escrow if the funds deposited in this escrow are not available for immediate withdrawal as a matter of right following deposit in such financial institution. (ii) You have the opportunity to earn interest on the funds you deposit with us through a deposit account arrangement that Escrow Holder has established with one of its financial institutions. The interest rate for these accounts varies between financial institutions, fluctuates periodically based on market conditions and other factors, and may change prior to or during the time your funds are on deposit. You will not have an opportunity to earn interest on any funds deposited by a lender. (iii) If you elect to earn interest through this special account arrangement, Escrow Holder will charge you an additional fee of $50.00 for the establishment and maintenance of the account. This fee compensates Escrow Holder for the costs associated with opening and managing the interest-bearing account, preparing correspondence/documentation, transferring funds, maintaining appropriate records for audit/reconciliation purposes and filing any required tax withholding statements. It is important that you consider this cost in your decision since the cost may exceed the interest you earn. If you are interested in having your funds deposited in an interest-bearing account, please contact your escrow officer. (iv) If you do not elect to have your funds deposited in an interest-bearing account, your funds (together with any funds deposited by a lender) will be held in Escrow Holder’s general escrow trust account. The general escrow trust account is restricted and protected against claims by third parties or creditors of Escrow Holder. Escrow Holder and/or its parent company may receive certain direct and indirect financial benefits from the financial institution as a result of maintaining the general escrow trust account. These benefits may include, without limitation, credits allowed by such financial institution on loans to Escrow Holder and/or its parent company and earnings on investments made with the proceed of such loans, as well as accounting, reporting and other services and products of such financial institution. Escrow Holder shall have no obligation to account to the parties to this escrow in any manner for the value of, or to pay to any party, any benefit received by Escrow Holder and/or its parent company. Any such benefits shall be deemed additional compensation of Escrow Holder for its services in connection with this escrow. Some or all of these benefits may be deemed interest due you under California Insurance Code Section 12413.5. As indicated above, you may elect to have your funds placed in a separate, interest-bearing account and receive the benefits therefrom, but you will be required to pay Escrow Holder an additional fee for this service. Alternatively, you may leave your funds in the general escrow trust account and thereby authorize Escrow Holder to keep the benefits it and/or its parent company receives from the financial institution. In either event, you understand and agree that Escrow Holder and/or its parent company may receive and retain for their sole benefit any and all benefits derived from the general escrow trust account prior to the deposit of your funds in an interest-bearing account and following the withdrawal of your funds from such interest-bearing account (normally two business days prior to the close of escrow). (v) All parties depositing funds in connection with this escrow are hereby notified that the funds so deposited are insured only to the limit provided by the Federal Deposit Insurance Corporation. (vi) Funds deposited by a lender are ordinarily deposited to escrow one or two days prior to closing. You should be aware that your lender may begin charging interest on your loan from the date loan funds are deposited into Escrow Holder’s escrow trust account.

4. Good Funds Law – California Insurance Code §12413.1
All parties are aware and understand that California Insurance Code §12413.1 mandates that funds deposited into an escrow must be collected and available for withdrawal PRIOR TO DISBURSEMENT. The determination of the availability of funds is set forth as follows:
(i) CASH AND ELECTRONIC TRANSFERS ("wired funds") are available for SAME DAY disbursement. (ii) CASHIER'S CHECKS AND CERTIFIED CHECKS are available for disbursement THE NEXT BUSINESS DAY; In order to avoid unnecessary delays of two to seven days, or more, please use wire transfers, cashier’s checks or certified checks whenever possible.

5. License of Escrow Holder
Escrow Holder is licensed by the California Department of Insurance to act as an underwritten title company, or if Escrow Holder’s name includes the word “Insurance”, Escrow Holder has a Certificate of Authority issued by the California Department of Insurance to transact the business of title insurance.

6. Prorations
122
All adjustments and prorations called for in this escrow shall be made on the basis of a thirty (30) day month, unless otherwise instructed in writing.

7. Sufficiency, Validity, Authority, etc. of Documents
Escrow Holder shall not be responsible or have any liability with respect to the sufficiency or correctness as to form, manner of execution, or validity of any document deposited in this escrow, nor as to the identity, authority or rights of any person executing the same. Escrow Holder’s duties hereunder shall be limited to the proper handling and disbursement of funds deposited in this escrow and the proper safekeeping and delivery of such documents received by Escrow Holder, in accordance with the written instructions given to Escrow Holder in this escrow in which all parties have concurred.

8. Conveyance and Vesting
Escrow Holder is instructed to draw a Grant Deed, using any standard form, conveying title from Seller to Buyer, with Buyer's legal vesting. Buyer acknowledges that Escrow Holder cannot give advice as to vesting, and understands that the vesting designated may have significant legal and tax consequences. Buyer is advised to seek the advice of Buyer's own attorney and accountant with regard to vesting. Buyer shall furnish Escrow Holder with Buyer's vesting prior to the date of preparation of Buyer's loan documents or close of escrow (if Buyer is not obtaining financing). Escrow Holder is hereby authorized and instructed to complete and/or correct Buyer's vesting on the Grant Deed, even if it has already been executed and notarized. If Buyer is married and taking title alone, (1) Buyer shall furnish Escrow Holder with the name of Buyer's spouse, (2) Escrow Holder is authorized and instructed to prepare an Interspousal Transfer or Quitclaim Deed for Buyer's spouse's signature and (3) Escrow Holder is to record same at close of escrow, charging Buyer's account for the preparation and recording fees associated with this deed.

9. Copies of Escrow Instructions
Escrow Holder is authorized to furnish copies of these instructions, any supplements and/or amendments thereto, notices of cancellation and closing statements to any real estate brokers or agents representing any party to this escrow and to any lender whose loan will be paid through this escrow or will be used to fund this escrow.

10. Cancellation
In the event this escrow is canceled, the parties hereto agree to pay Escrow Holder its cancellation fee for work performed, and to pay all expenses incurred by Escrow Holder. If a demand to cancel this escrow is submitted to Escrow Holder or if there is no written communication from the parties for a period of six months, Escrow Holder shall notify the parties of its intention to cancel this escrow and return all documents and funds (less cancellation fees and costs) to the party depositing the same. If no written objection to such notice is given to Escrow Holder within fifteen (15) days of mailing such notice, Escrow Holder shall cancel this escrow and return all funds and/or documents then held by Escrow Holder to the party depositing the same.

11. Disputes
No notice, demand or change of instruction shall be of any effect in this escrow unless given in writing by all parties affected thereby.

In the event a demand for funds and/or documents deposited with Escrow Holder in connection with this escrow is made and which is not concurred in by all parties hereto, Escrow Holder, notwithstanding which party made such demand, may elect to do any of the following:
(i) Take no further action in connection with this escrow and continue to hold such funds and/or documents until receipt of mutual concurring instructions from all parties to this escrow as to the disposition of such funds and/or documents; (ii) Commence an action in interpleader and obtain an order from the court allowing Escrow Holder to deposit such funds and/or documents with the court, in which case Escrow Holder shall have no further liability or obligations with respect to this escrow; or (iii) In the event that any party commences an action against any other party with respect to this escrow, deposit such funds and/or documents with the court, in which case Escrow Holder shall have no further liability or obligations with respect to this escrow.

In the event Escrow Holder interpleads any funds and/or documents with any court pursuant to either subparagraphs (ii) or (iii) above, Escrow Holder shall be entitled to reimbursement of its reasonable attorneys’ fees and expenses of litigation in connection with such action.

12. Arbitration
In the event of a claim or controversy between Escrow Holder and any party hereto involving an amount greater than $5,000.00 and arising out of this escrow, either Escrow Holder or such other party may demand arbitration pursuant to the Rules of the American Arbitration Association. The decision of the arbitrator shall be binding on all parties and judgment upon the award of the arbitrator may be entered in any court having jurisdiction thereof.

13. No Duty to Notify as to Other Transactions
Escrow Holder shall have no duty or responsibility to notify any party to this escrow of any sale, resale, loan, exchange or other transaction involving the property which is the subject of this escrow or any profit realized by any person or entity in connection therewith, notwithstanding that Escrow Holder may act as escrow holder for such transaction(s) in this or another escrow(s).

14. Failure to Close Timely
If the conditions for closing this escrow have not occurred at the time set forth herein for closing, Escrow Holder is nevertheless to continue to act hereunder and to close this escrow as soon thereafter as such conditions (except as to time) shall have been met, unless any party shall have made a written demand on Escrow Holder for cancellation of this escrow and/or for the return of any funds and/or documents deposited by such party.

15. Delivery of Documents and Funds
Escrow Holder will send documents to the parties in an appropriate manner, such as regular mail, facsimile or email, unless otherwise instructed. Delivery by Escrow Holder of documents to a party's real estate agent or broker shall constitute delivery to that party.

Funds may be delivered by regular mail, overnight mail or wire, at the discretion of Escrow Holder, unless otherwise instructed by the party to whom the funds are delivered.
123

16. Retention of Records
After the closing or cancellation of this escrow , Escrow Holder shall retain the escrow file(s) pertaining to this escrow for a minimum of one year, after which time Escrow Holder is authorized to destroy or otherwise dispose of such files(s) without notice or liability to the parties hereto.

17. California Withholding
In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 31/3 percent of the sales price in the case of a disposition of California real property interest by either:

1. A seller who is an individual or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR

2. A corporate seller that has no permanent place of business in California.

The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500).

However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if:

1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR

2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a corporation with a permanent place of business in California, OR

3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, of any of the following:

A. That the California real property being conveyed is the seller’s principal residence (within the meaning of Section 121 of the Internal Revenue Code).

B. That the California real property being conveyed is or will be exchanged for property of like kind (within the meaning of Section 1031 of the Internal Revenue Code), but only to the extent of the amount of gain not required to be recognized for California income tax purposes under Section 1031 of the Internal Revenue Code.

C. That the California real property has been compulsorily or involuntarily converted (within the meaning of Section 1033 of the Internal Revenue Code) and that the seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under Section 1033 of the Internal Revenue Code.

D. That the California real property transaction will result in a loss for California income tax purposes.

The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement.

The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis for corporations or other entities.

Buyer understands that in no event will Escrow Holder undertake to advise Buyer and/or Buyer's representative on the possible application of the above code sections to this specific transaction. Unless expressly instructed by Seller and Buyer herein, Buyer understands that Escrow Holder will NOT assist in obtaining a waiver from withholding from the Franchise Tax Board.

Should Buyer and Seller herein direct Escrow Holder to undertake any activities pursuant to the withholding provisions under California law, Buyer and Seller agree to cooperate fully in providing necessary information to Escrow Holder. Buyer and Seller agree to indemnify and hold Escrow Holder harmless in the event of noncompliance resulting from information supplied by either Buyer and/or Seller. For additional information concerning the withholding provisions under the code sections referenced above, please contact the Franchise Tax Board-Withhold-at-Source Unit at (916) 845-4900, P.O. Box 651, Sacramento, CA 95812-0651.

18. Non-Resident Alien
The Foreign Investment in Real Property Tax Act (FIRPTA), Title 26 U.S.C., Section 1445, and the regulations there under, provide in part, that a transferee (buyer) of a U.S. real property interest from a foreign person (non-resident alien) must withhold a tax equal to ten percent (10%) of the amount realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service within twenty (20) days after the transfer. Lawyers Title Company has not and will not participate in any determination of whether the FIRPTA tax provisions are applicable to the subject transaction, nor act as a Qualified Substitute nor furnish tax advice to any party to the transaction. Lawyers Title Company is not responsible for determining whether the transaction will qualify for an exception or an exemption and is not responsible for the filing of any tax forms with the Internal Revenue Service as they relate to FIRPTA. Lawyers Title Company is not the agent for the buyer for the purposes of receiving and analyzing any evidence or documentation that the Seller in the subject transaction is a U.S. citizen or resident alien. The buyer is advised they must independently make a determination of whether the contemplated transaction is taxable or non-taxable and the applicability of the withholding requirement to the subject transaction, and should seek the advice of their attorney or accountant. Lawyers Title Company is not responsible for the payment of this tax and/or and penalty and/or interest incurred in connection therewith and such taxes are not a matter covered by the Owner's Policy of Title Insurance to be issued to the Buyer. The Buyer is advised they bear full responsibility for compliance with the tax withholding requirement if applicable and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction.

19. Preliminary Change of Ownership
Prior to the close of escrow, Buyer may hand Escrow Holder a fully completed and executed "Preliminary Change of Ownership Report" (PCOR) pursuant to the requirements of California Revenue and Taxation Code Section 480.3. Buyer may elect not to complete and execute said form prior to the close of escrow. Should Buyer choose not to execute the PCOR or should the County Recorder’s office reject the PCOR for any reason, Buyer is aware that a $20.00 charge will be assessed by the County Recorder's office and Escrow Holder will charge the account of Buyer accordingly. In the event the PCOR has not been filed at the time the documents record OR the County Tax Assessors office determines that the form has not been properly completed, Buyer will be responsible for obtaining and completing a new PCOR and any additional documents that may be required by the Assessor's office.

Failure to file a proper PCOR will result in additional penalties in accordance with Section 480 of the California Revenue and Taxation Code. Escrow Holder's sole duty shall be the delivery of the PCOR to the County Recorder at the time of recordation of transfer documents, if it is provided to Escrow Holder. Escrow Holder assumes no liability or responsibility regarding the proper completion of the PCOR.

20. Supplemental Taxes
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Buyer is advised that the County Tax Assessor will revalue property that changes ownership or contains new construction, which may result in a supplemental assessment. The supplemental taxes will be assessed from the date of the change in ownership or completion of construction.

21. Fire/Hazard Insurance
Buyer shall obtain Fire/Hazard Insurance coverage if applicable, on the subject property prior to the close of escrow, as per requirements of the new lender. If Buyer has not paid policy premium prior to close of escrow, Escrow Holder is authorized and instructed to debit Buyer's account with the cost of the annual premium and pay such premium to the insurance agent and/or company, at the close of escrow, from funds deposited by Buyer. Escrow Holder is instructed to request that the insurance company deliver the original policy and copies, as required, to all necessary parties. In the event the property is covered by a blanket insurance policy, Buyer shall provide Escrow Holder with a Certificate of Insurance. FAILURE TO PROVIDE FIRE/HAZARD INSURANCE WILL DELAY THE CLOSE OF ESCROW. Escrow Holder has no obligation to obtain fire or other insurance in the absence of a written instruction to do so.

22. Fees and Charges; Messenger Fees
Escrow, title, and recording charges and other costs are to be charged to the principals’ accounts in accordance with customary practices in this County, unless Escrow Holder is instructed to do otherwise in writing. The charges which the Company will make for sending documents and/or checks via next day messenger services (i.e. Federal Express, UPS, DHL, Airborne, Express Mail, etc.) are $15.00 per letter, for standard overnight service, and $25.00 for larger size packages and/or priority delivery services, both of which charges include a mark-up to cover the Company's expenses, overhead and profit for arranging the service. Special messenger fees will be charged at the actual cost of the messenger service, plus a mark-up to cover the Company's expenses, overhead and profit for arranging the service. There will be no additional charge for pick-up or delivery of packages via the Company's regularly scheduled messenger runs.

23. Fees Paid in Advance
Escrow Holder is hereby instructed to use Buyer’s funds deposited into escrow to pay any statements submitted prior to close of escrow to pay such items as, but not limited to, charge by a homeowner's association management company for ordering documents, lender's charge for a payoff statement, city's charge for city reports, home warranty insurance policy, natural hazard report, termite report, charges for work completed pursuant to an agreement of the parties, etc. In the event escrow is cancelled and Buyer is entitled to a refund of deposited funds, the amount of any fees advanced shall be deducted from the funds returned to Buyer. Seller hereby agrees to immediately deposit into escrow the amount of fees advanced for which Seller is responsible, and Escrow Holder will immediately disburse the amount of such deposit to Buyer. Buyer hereby agrees to immediately return to Escrow Holder any documentation provided to Buyer that is associated with fees advanced by Escrow Holder. Buyer shall not be reimbursed for any fees associated with documents provided to Buyer which are not returned to Escrow Holder. Escrow Holder shall not be liable to Buyer for fees deducted from Buyer’s deposit in the event Seller fails to deposit the amount of such fees into escrow.

24. Special Recording; Late Confirmation of Recording
Seller’s proceeds may not be available, and encumbrances may not be paid off, until the first business day following the day of recording if 1) documents recorded at close of escrow are recorded later in the day than 8:00 a.m. (which is called a “special recording”) or if 2) the County Recorder does not provide confirmation of recording within sufficient time to allow same-day disbursement of funds by wire or check.

25. IRS Form 1099 Requirements
If requested by Escrow Holder, Seller will furnish Escrow Holder with sufficient information to file form 1099, if required, with the Internal Revenue Service for the sale of the real property which is subject to this escrow.

26. Disclosure Reports
Escrow holder is not to be concerned with disclosures made by the parties to each other. In the event escrow holder receives any disclosure reports requiring signatures or approval by a party, escrow holder’s only responsibility will be to forward the report to the appropriate party.

27. Loan Payoffs
When a mortgage, deed of trust or tax lien is to be paid off through escrow, Escrow holder is authorized to pay the payoff demand received from the creditor. Seller/borrower understands that a loan payoff may include a prepayment penalty and other charges.

ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT LAWYERS TITLE COMPANY

DOES NOT PROVIDE LEGAL ADVICE NOR HAS IT MADE ANY INVESTIGATION,

REPRESENTATIONS OR ASSURANCES WHATSOEVER REGARDING THE LEGAL

ASPECTS OR COMPLIANCE OF THIS TRANSACTION WITH ANY TAX, SECURITIES OR ANY OTHER STATE OR FEDERAL LAWS. IT IS RECOMMENDED THAT THE PARTIES OBTAIN INDEPENDENT LEGAL COUNSEL AS TO SUCH MATTERS.
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ITEM: 7.I
Receive and File the Duarte Housing Successor Annual Report for Fiscal Year 2022-23 Recommended Action:

It is recommended that the City Council receive and file the Duarte Housing Successor Annual Report regarding the Low- and Moderate-Income Asset Fund pursuant to California Health and Safety Code Section 34176.1(f).

Attachments:
7I - Duarte Housing Successor Annual Report FY 22-23.pdf 126
127
2 decline in sales tax particularly in autos and transportation. Challenges included higher loan rates, labor disputes at major automakers and inventory issues. Spending generating sales taxes is expected to dip even more in fiscal year 2023-24, but the aging vehicle fleet and limited pandemic inventory provides some protection against substantial future tax revenue declines.

Please note that staff will be bringing the 2023/24 midyear budget before City Council in February 2024. We will discuss and analyze the fund balance more at that time, because the 2022/23 estimated fund balance was used when the City Council adopted the budget in June and now the actual ending fund balance will serve as a part of the 2023/24 mid-year analysis.

RECOMMENDATION
It is recommended that the City Council receive and file the Audited Financial Statements for Fiscal Year 2022/23.

FISCAL IMPACT
None.

ATTACHMENTS
Audited Financial Statements for Fiscal Year 2022/23
128
FY 2022-23 Housing Successor Annual Report 1 December 2023 City of Duarte
2022-23 Housing Successor Agency
Annual Report

DUARTE HOUSING AUTHORITY
Housing Successor Agency to the Former Duarte Redevelopment Agency
December 31, 2023
Prepared for:

CITY OF DUARTE
Prepared by:
22 Executive Park, Suite 200
Irvine, California 92614
(949) 655-3900
129
FY 2022-23 Housing Successor Annual Report 2 December 2023 City of Duarte
Table of Contents
Section 1 Introduction ............................................................................................................ 3

1.1 Reporting Requirements ................................................................................. 3

1.2 Expenditure Requirements.............................................................................. 4

1.3 Assets Transferred to the Housing Successor Agency ................................... 5 Section 2 Low and Moderate Income Housing Asset Fund ................................................ 6

2.1 Housing Asset Fund Deposits and Ending Balance........................................ 6

2.2 Expenditure Limitations................................................................................... 7

2.3 Statutory Value of Real Properties and Loan Receivables ............................. 7 Section 3 Property Development & Disposition................................................................... 9 Section 4 Outstanding Inclusionary & Replacement Housing ......................................... 11 Section 5 Senior Housing Expenditure Proportionality .................................................... 12 Section 6 Excess Surplus .................................................................................................... 13 Section 7 Inventory of Homeownership Units.................................................................... 14 Section 8 Deposits from City to Agency Loan Repayments......................................... 15

APPENDICES
A Housing Asset Transfer Form
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FY 2022-23 Housing Successor Annual Report 3 December 2023 City of Duarte
Section 1 Introduction
This Fiscal Year (“FY”) 2022-23 Housing Successor Annual Report (“Report”) has been prepared pursuant to the California Health and Safety Code (“HSC”) Section 34176.1(f) and sets forth certain details of the Duarte Housing Authority (“Housing Authority” or “Housing Successor”) as the Housing Successor of the Duarte Redevelopment Agency (“Agency”). The Duarte Housing Authority was activated by the City Council in March 2011 by Resolution 11-08 for the purpose of implementing the City of Duarte (“City”) and former Agency’s affordable housing efforts. The Housing Authority was designated as the Housing Successor in January 2012 by Resolution 12-04.

The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the HSC – In particular, Sections 34176 and 34176.1 (“Dissolution Law”). The Report is due to the California Department of Housing and Community Development (“HCD”) by December 31st each year.

1.1 Reporting Requirements
Senate Bill (“SB”) 341 (2013-14) established that all former redevelopment agency housing assets must be maintained in a separate fund called the Low- and Moderate-Income Housing Asset Fund (“Housing Asset Fund”). HSC Section 34176.1(f) contains a series of annual reporting requirements for housing successor agencies regarding Housing Asset Funds. These requirements are presented below:
• Revenues and Expenditures
o Total amount deposited for the fiscal year.
o Statement of balance at the close of the fiscal year. o Description of expenditures for the fiscal year, broken out as follows:
▪ Rapid rehousing for homelessness prevention;
▪ Administrative expenses;
▪ Monitoring expenses (included as an administrative expense); ▪ All other expenditures must be reported as spent for each income group as defined by SB 341.
o Description of any transfers to another housing successor agency for a joint project. • Other Assets and Active Projects
o Description of any housing project(s) still funded through the Recognized Obligation Payment Schedule (“ROPS”).
o Update on property disposition or development for any property owned by the housing successor.
o Other “portfolio” balances, including the statutory value of any real property transferred from the former Agency or purchased by the Housing Asset Fund, and the value of loans and grants receivable.
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FY 2022-23 Housing Successor Annual Report 4 December 2023 City of Duarte
o Inventory of homeownership units assisted by the former Agency or the Housing Authority, subject to covenants, restrictions, or an adopted program that protects the former Agency’s investment of monies from the Low and Moderate-Income Housing Fund.
• Obligations & Proportionality
o Description of any outstanding production obligations of the former Agency that are inherited by the Housing Authority.
o Compliance with proportionality requirements (income group targets), which must be upheld on a five-year cycle.
o Percentage of deed-restricted rental housing restricted to seniors and assisted by the entity assuming housing functions, the former Agency, or the county within the past ten years compared to the total number of units assisted by any of those three agencies.

SB 341 also mandates that housing successor agencies conduct an independent financial audit of the Housing Asset Fund within six months of the end of each fiscal year. Thisfinancial audit may be included in the independent financial audit of the host jurisdiction. The City’s audited financials for FY 2022-23, available on the City’s website, will be completed in December 2023, and include an audit of the Housing Asset Fund. This Report presents the activities of the Housing Successor for FY 2022-23.

1.2 Expenditure Requirements
The HSC provides the following guidelines for expenditures from the Housing Asset Fund:

1. Administrative costs, including housing monitoring, are capped at the greater of $200,000 adjusted annually for inflation or 5% of the statutory value of any land owned by the housing successor agency and of loans and grants receivable.
a. In the Housing Authority’s case, the greater of 5% of $896,753 or $254,000. For FY 2022-23, the administrative limit is $254,000.

2. If the former Agency did not have outstanding housing production requirements, the housing successor agency is authorized to spend up to $250,000 per year on homeless prevention and rapid rehousing services to individuals and families who are homeless or would be homeless without this assistance.
a. According to the FY 2009-14 Implementation Plan for the former Agency, no Section 33413(B) Inclusionary/Production Housing obligations were transferred to the Housing Successor. Therefore, the Housing Authority is allowed to make this expenditure if it chooses, and funding is available for such expenditures.

3. Remaining allowable expenditures must be spent to improve housing options affordable to households in the following income groups:
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FY 2022-23 Housing Successor Annual Report 5 December 2023 City of Duarte
a. Extremely low income (households earning 30% or less of the Area Median Income (“AMI”)) – Minimum of 30% spent on housing options must be spent in this category. b. Very low-income (households earning 31% to 60% of the AMI) – No requirements. c. Low-income (households earning 61% to 80% of the AMI) – Maximum of 20% spent on housing options may be spent in this category.
d. No funding may be spent on moderate-income households (earning 81% to 120% of the AMI), as was previously authorized by redevelopment law.

Failure to comply with the extremely low-income requirement in any five-year compliance period will result in the Housing Authority having to ensure that 50% of remaining funds be spent on extremely low-income rental units until in compliance. Exceeding the expenditure limit for lower-income households in any five-year reporting period will result in the Housing Authority not being able to expend any funds on that income category until in compliance.

Housing successor agencies must report expenditures by category each year, but compliance with expenditure limitations is reported at the end of each five-year compliance period. For instance, a housing successor agency could spend all of its funds in a single year on lower-income households, as long as it was 20% or less of the total expenditures during the five-year compliance period.

The first five-year compliance period ended on June 30, 2019 and the Housing Successor complied with all of the requirements. Currently, the Housing Successor is on its second fiveyear compliance period (July 1, 2019 through June 30, 2024) and will continue to ensure it complies with the expenditure requirements.

1.3 Assets Transferred to the Housing Successor Agency
The City prepared the required Housing Asset Transfer Form (“HAT”) in 2012 that provided an inventory of all housing-related assets transferred from the former Agency to the Housing Authority following the dissolution of redevelopment. The HAT was approved by the California Department of Finance (“DOF) on August 1, 2013 and included:
• Real properties;
• Low-Mod Encumbrances; and
• Loans/Grants Receivables;
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FY 2022-23 Housing Successor Annual Report 6 December 2023 City of Duarte
Section 2 Low- and Moderate-Income Housing Asset Fund
The Housing Asset Fund replaced the former Agency’s Low- and Moderate-Income Housing Fund. It includes all assets transferred from the Agency to the Housing Authority via the HAT.

2.1 Housing Asset Fund Deposits and Ending Balance
As shown on Table 1 below, the Housing Authority deposited $56,742 into the Housing Asset Fund during FY 2022-23. Revenues were generated from interest earnings.

As shown on Table 2 below, the Housing Asset Fund closed FY 2022-23 with $4.1 million in assets1- None of which is held to pay for enforceable obligations on the ROPS. 1 Excludes the balance of Silent Second loans receivable, as it is not part of the audited financial Asset Balance. The balance of the loans receivable was recorded as an allowance for doubtful accounts, as they are all forgivable and it is unknown if they will be paid.

Revenue Source Amount
Interest Earnings $ 56,742
Total $ 56,742
Table 1. Fiscal Year 2022-23 Housing Asset Fund Deposits Source: City of Duarte, Fund 681 Trial Balance
Balance Type 1
Amount
Cash $ 3,218,326
Land Held for Resale 881,753
Total $ 4,100,079
Table 2. Fiscal Year 2022-23 Housing Asset Fund Ending Balance Source: City of Duarte, Fund 681 Trial Balance
1 Excludes balance of Silent Second loans receivable, as it is not a part of the audited financials Asset Balance.
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FY 2022-23 Housing Successor Annual Report 7 December 2023 City of Duarte

2.2 Expenditure Limitations
Table 3 summarizes Housing Asset fund expenditures on administrative costs and homeless prevention in FY 2022-23, and affordable housing activities by income level from July 1, 2019 through June 30, 2024.

There were $8,495 in Housing Asset Fund expenditures during FY 2022-23. The Housing Authority expenditures meet proportionality requirements for the July 1, 2019 through June 30, 2024 five-year period.

2.3 Statutory Value of Real Properties and Loan Receivables The Housing Authority inherited 7 properties, 1 loan, and 1 low-mod encumbrance from the former Agency when it dissolved on February 1, 2012. Table 4 below shows the total value of real properties and loans receivable. The Housing Asset Transfer Form in Appendix A shows more detailed information about each property and loan receivable.

Admin/
Monitoring
Rapid
Rehousing
Ext. Low <30%
AMI
Very Low 31-
60% AMI
Low 61-80%
AMI
FY 2019-20 $0 $0 $0 $0 $0
FY 2020-21 $0 $0 $0 $0 $0
FY 2021-22 $8,578 $0 $0 $0 $0
FY 2022-23 $8,495 $0 $0 $0 $0
FY 2023-24
Total Expenditures $0 $0 $0 $0 $0
SB 341 Limitation $254,000 $250,000 >30% N/A <20%
Compliant (Yes/No) Yes Yes Yes Yes Yes
Source: City of Duarte, Fund 681 Trial Balance
Table 3. Fiscal Year 2022-23 Housing Asset Fund Expenditures Annual Limits Five-Year Limits
2022-23 July 1, 2019 - June 30, 2024
Asset Amount
Real Properties
2400 Huntington Drive (Royal Mkt. Liquor) $ 875,687
Parking Lot Area (Rite-Aid) 6,065
Subtotal $ 881,753
Loan Receivables
Silent Second Notes Receivable (1 loan) 15,000
Subtotal $ 15,000
Total $ 896,753
Table 4. Fiscal Year 2022-23 Real Properties & Receivables Source: City of Duarte, Duarte Housing Asset Transfer Form 135
FY 2022-23 Housing Successor Annual Report 8 December 2023 City of Duarte
The total statutory value of real properties is $881,753 and outstanding loan receivables2total is $15,000, for a combined value of $896,753.
2 The City of Duarte also has a $1,200,000 loan that does not affect their balance. This agreement was established on December 4, 2013 between the City, Southern California Presbyterian Homes (SCP), and Andres Duarte Terrace II, L.P. for the development of 43 units of senior affordable housing. The loan was established to be repaid in 57 years, or 2070. 136
FY 2022-23 Housing Successor Annual Report 9 December 2023 City of Duarte
Section 3 Property Development & Disposition
HSC Section 33334.16 requires that all real properties acquired by the Agency prior to February 1, 2012 and transferred to the Housing Authority be developed for affordable housing purposes or disposed of within five years from the date DOF approved the HAT, or August 1, 2018. However, the law allows for a five-year extension via adoption of a resolution - The Housing Authority adopted a resolution allowing for a five-year extension. With the extension, the Housing Authority would have to sell or develop the remaining properties by August 1, 2023.

Of the 7 real properties transferred from the Agency to the Housing Authority (pursuant to the HAT), 2 have been sold and developed into affordable housing, 3 were sold and are in the process of being developed, and 2 are in the process of being sold. The properties are described below. • 1660 & 1700 Huntington Drive
Both properties were sold in 2013 to Southern California Presbyterian Homes (“SCPH”), an experienced non-profit housing developer that has been providing housing and healthcare services to seniors for over 50 years. The property was developed as the Andres Duarte Terrace II, a 42-unit affordable senior housing development for very low-income seniors. • 2400 Huntington Drive
This 20,345-square-foot property was acquired with the intent of assembling a group of properties to the east for a comprehensive residential development between the Elks Club and Las Brisas homes. The site was recently included in the 2021-2029 Housing Element as part of a new Affordable Housing Overlay (AHO) zone and will provide an incentive for higher densities for affordable housing. According to the Housing Element, the AHO will be complete by 2023, indicating that the property may not develop by August 1, 2023. Pursuant to HSC Section 33334.16, because the property was not developed by August 1, 2023, the property was made available for sale. On November 28, the City issued a request for proposals (RFP) soliciting affordable housing developers to submit proposals for the development of the City-owned property at 2400 Huntington Drive. The RFP schedule calls for having a developer selected and an exclusive negotiation agreement (ENA) signed by Late March 2024. Once the property is sold, the money shall be deposited into the Housing Successor’s Low- and Moderate-Income Housing Fund.
• 1305, 1423, & 1437 Huntington Drive & Rite Aid Parking Lot Area These four properties were acquired over time with the goal of creating a larger mixed-use town center area. The Successor Agency to the former Agency also owns a property in this area (1415 Huntington) and maintains the same goal. The general idea is to develop the eastern portion of the site with approximately 100-140 residential units (35-50 units/acre) and redevelop the existing commercial center by removing some buildings and façade enhancement of others and focusing on tying the entire project together. 1423 and 1437 Huntington Drive were sold on 137
FY 2022-23 Housing Successor Annual Report 10 December 2023 City of Duarte
October 15, 2018, and the proceeds of the sale were transferred to the Housing Asset Fund. 1305 Huntington Drive was sold in 2017, but the journal entry was completed, and the proceeds transferred to the Housing Asset Fund in April of 2020. The Rite Aid Parking Lot Area remains to be sold. Pursuant to HSC Section 33334.16, if the development of the property has not begun by August 1, 2023, the property will be made available for sale and the money shall be deposited into the Housing Successor’s Low- and Moderate-Income Housing Fund. 138
FY 2022-23 Housing Successor Annual Report 11 December 2023 City of Duarte
Section 4 Outstanding Inclusionary & Replacement Housing According to the FY 2009-2014 Implementation Plan for the former Agency, no Section 33413(b) replacement or inclusionary/production housing obligations were transferred to the Housing Successor.

Therefore, there are no outstanding inclusionary or replacement housing obligations of the former Agency to be fulfilled by the Housing Authority.
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FY 2022-23 Housing Successor Annual Report 12 December 2023 City of Duarte
Section 5 Senior Housing Expenditure Proportionality
This Report must include an accounting of deed-restricted senior rental units that were produced over the last 10 years. The Housing Authority may use Housing Asset Funds to assist no more than 50% of the aggregate total number of senior housing units produced by either the Housing Authority or former Agency during the past 10 years. Exceeding this limitation will prohibit the use of Housing Asset Funds to subsidize any senior rental units in the future.

As shown in Table 5 below, the Housing Authority and former Agency assisted 1 property in the last ten years where 100% of the units are restricted to seniors. The Housing Authority may not spend any additional funds to subsidize senior rental units in the future until it can ensure that no more than 50% of the total aggregate number of rental units at all affordability levels produced within the preceding 10 years are restricted to seniors. The Housing Authority would have to subsidize at least 42 non-senior, affordable units to meet the required limitations to have the ability to subsidize additional senior units in the future. When the Housing Authority is back in compliance, it will need to consider these proportionality requirements and subsidize units in a way that keeps the proportions in compliance.

Property Address # Restricted
Units
# Senior
Restricted Units
Acquired/
Assisted Covenant Expires
1700 Huntington Dr. 42 42 2015 2060
Total 42 42
% Senior Units 100%
Table 5. Deed-Restricted Rental Units Assisted Since Fiscal Year 2012-13 Source: City of Duarte
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FY 2022-23 Housing Successor Annual Report 13 December 2023 City of Duarte
Section 6 Excess Surplus
Excess surplus calculations were once performed by redevelopment agencies on an annual basis and are intended to ensure that funds are expended to benefit low-income households in an expeditious manner - funds should be encumbered within four years of receipt. SB 341 reinstates this calculation for housing successor agencies. HSC Section 34176.1(d) defines excess surplus as “an unencumbered amount in the account that exceeds the greater of one million dollars, or the aggregate amount deposited into the account during the housing successor agency’s preceding four fiscal years, whichever is greater.” As shown in Table 6 below, the Housing Asset Fund has an excess surplus of $933,829 in the Housing Asset Fund for FY 2022-23. The Housing Authority must encumber any excess surplus amount within three fiscal years, or the funds must be transferred to HCD for its Multifamily Housing Program or Joe Serna Jr. Farmworkers Housing Grant Program. In accordance with state legislation, it is imperative for the Housing Authority to allocate the surplus of $862,897 generated during FY 2019-20 by FY 2022-23.

On November 28, the City issued an RFP soliciting affordable housing developers to submit proposals for the development of the City-owned property at 2400 Huntington Drive. The RFP schedule calls for having a developer selected and an ENA signed by Late March 2024. In addition to the City-owned property, the City has set aside $900,000 as an additional subsidy. The City is also working with the San Gabriel Valley Regional Housing Trust (SGVRHT) on this project. The SGVRHT has agreed to make an additional $2,000,000 in affordable housing subsidy available for this development. The 2021- 2029 Housing Element identified the 2400 Huntington site in its Residential Sites Inventory (Site 8).

FY Deposits
Unencumbered
Cash Balance1
Greater of 4 Yrs of
Deposits or $1M2
Projected Excess
Surplus3
FY 2017-18 - 933,829 1,000,000 -
FY 2018-19 1,895,539 933,829 1,000,000 -
FY 2019-20 332,713 2,829,368 1,966,471 862,897
FY 2020-21 11,221 3,162,081 2,299,184 862,897
FY 2021-22 5,355 3,173,302 2,239,473 933,829
FY 2022-23 56,742 3,178,657 2,244,828 933,829
Source: City of Duarte, Fund 681 Trial Balance
Table 6. Excess Surplus Projections
1 Represents the ending balance of the prior fiscal year or the beginning balance of the current fiscal year. 2 Excess surplus is an unencumbered amount that exceeds the greater of $1 million or the aggregate amount deposited during the preceding four years. Assumes the first year of Housing Asset Fund deposits is FY 2012-13, when redevelopment agencies dissolved effective 2/1/2012. 3 Projected excess surplus based on most current interpretation of the excess surplus calculation methodology. The Agency must encumber any excess surplus amount within three fiscal years, or the funds must be transferred to HCD for its Multifamily Housing Program or Joe Serna, Jr. Farmworker Housing Grant Program. Projected excess surplus is subject to change, as deposits for past reports are to be reviewed.
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FY 2022-23 Housing Successor Annual Report 14 December 2023 City of Duarte
Section 7 Inventory of Homeownership Units
AB 1793 requires this Report to include an inventory of homeownership units assisted by the former Agency or the Housing Successor Agency that are subject to covenants or restrictions or to an adopted program that protects the former Agency’s investment of moneys from the Low- and Moderate-Income Housing Fund. As shown in Table 7 below, there are 5 homeownership properties assisted by the former Agency that are still subject to homeownership affordability covenants. It is important to note that all but one unit will have affordability covenants that expire by 2024.

Address Assisted
Units
Covenant
Recorded Covenant Expires
1517 Las Posadas Drive 1 12/16/1997 12/16/2022
1236 Carmel Court 1 5/1/2000 5/1/2025
1237 Carmel Court 1 9/19/1997 9/19/2022
1220 Laguna Court 1 4/10/1998 4/10/2023
1246 Cotter Avenue 1 6/2/1998 6/2/2023
Total 5
Table 7. Homeownership Units Assisted by Former RDA
Source: City of Duarte
Note: Bolded rows include covenants that expired during the current fiscal year. 142
FY 2022-23 Housing Successor Annual Report 15 December 2023 City of Duarte
Section 8 Deposits from City to Agency Loan Repayments
HSC Section 34191.4(b)(3)(C) requires that 20% of any loan repayment made from a redevelopment successor agency to a city, for a loan that a city made to a former redevelopment agency, be deducted from the loan repayment amount and transferred to the Housing Asset Fund.

The Housing Authority does not have any loans made from the former Agency to the City or Housing Authority that require a 20% set aside. However, the Housing Asset Fund was receiving payments for a Supplemental Education Revenue Augmentation Fund (“SERAF”). The SERAF loan was repaid and is no longer receivable.
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FY 2022-23 Housing Successor Annual Report 16 December 2023 City of Duarte
APPENDIX A – Housing Asset Transfer Form
[Intentionally Left Blank]
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Former Redevelopment Agency: Duarte Redevelopment Agency Successor Agency to the Former Redevelopment Agency: City of DuarteEntity Assuming the Housing Functionsof the former Redevelopment Agency: Duarte Housing AuthorityEntity Assuming the Housing FunctionsContact Name: Kristen Petersen Title Assistant City Manager Phone 626/357-7931 x212 [email protected] Assuming the Housing FunctionsContact Name: Title PhoneThe following Exhibits noted with an X in the box are included as part of this inventory of housing assets:Exhibit A - Real Property XExhibit B- Personal PropertyExhibit C - Low-Mod Encumbrances XExhibit D - Loans/Grants Receivables XExhibit E - Rents/OperationsExhibit F- RentsExhibit G - DeferralsPrepared By: Roger A. CatheyDate Prepared: 7/26/2012 E-Mail AddressE-Mail Address
All assets transferred to the entity assuming the housing functions between February 1, 2012 and the date the exhibits were created are included in this housing assets list.

DEPARTMENT OF FINANCE

HOUSING ASSETS LIST
ASSEMBLY BILL X1 26 AND ASSEMBLY BILL 1484
(Health and Safety Code Section 34176)

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Duarte City CouncilDecember 12, 2023

Duarte City Council
December 12, 2023