Duarte City Council
June 25, 2024

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, JUNE 25, 2024
7:00 PM
5:30 PM - CLOSED SESSION

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

VINH TRUONG, MAYOR

CESAR GARCIA, MAYOR PRO TEM

MARGARET FINLAY, COUNCILMEMBER

SAMUEL KANG, COUNCILMEMBER

TONEY LEWIS, COUNCILMEMBER

JODY SCHULZ, 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
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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. 1 1. CALL TO ORDER AND ROLL CALL
A. City Manager Written Comments

2. ADOPTION OF THE AGENDA

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS - Any person wishing to speak on the Closed Session item may do so at this time. The opportunity to speak is on a first come, first served basis. Each person may speak for 3 minutes.

4. CLOSED SESSION:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957(b) Title: City Manager
CONFERENCE WITH LABOR NEGOTIATOR - The Closed Session is authorized by the Government Code Section 54957.6(a). AGENCY NEGOTIATOR: Thai Viet Phan, City Attorney.

UNREPRESENTED EMPLOYEE: City Manager Brian Villalobos

5. 6:00 P.M. STUDY SESSION
A. Interview of Candidates for Vacant Mayor's Youth Council Positions B. Discussion of Interviews and Candidates

6. CALL TO ORDER AND ROLL CALL

7. PLEDGE TO THE FLAG

8. CITY ATTORNEY CLOSED SESSION REPORT
Notice: Duarte City Council meetings are videotaped for later broadcast. Attendance at the 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, visit www.accessduarte.com, click on the Agendas & Meetings icon then on the Agendas & Minutes page, click on the City Council Meeting link. City Council meetings are also broadcast daily on Spectrum Cable, Channel 3.

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. ____
5:30 PM CLOSED SESSION - COUNCIL CHAMBERS
7:00 PM OPEN SESSION - REGULAR MEETING - COUNCIL CHAMBERS 2 9. SPECIAL ITEMS
A. Public Safety Department Update

10. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS

11. ORAL COMMUNICATIONS - ITEMS NOT ON THE AGENDA

12. CONSENT CALENDAR
A. Motion to read all Resolutions and Ordinances presented for consideration by Title only and waive further reading (CC/HA/FA)
B. Approve absence(s) of City Councilmember(s) from the City Council meeting C. Approval of Minutes - June 11, 2024 Regular Meeting (CC/HA/FA) Approve the minutes of June 11, 2024.

D. Approval of Warrants - June 25, 2024 (CC/HA/FA)
Approve the warrants of June 25, 2024.

E. Receive and File the Monthly Financial Update for April Receive and File the Monthly Financial Update.

F. Receive and File the Public Safety Department Update Receive and File the Public Safety Department Update.

G. One Year and One Year Option Professional Services Agreement with R3 Consulting Group, Inc. for On-Call SB 1383 Support Services

1.) Approve a one year with an option for an additional year agreement for professional services between the City of Duarte amd R3 Consulting Group, Inc. for a not-to-exceed amount of $53,114 (FY 2024-25 - $26, 100 and FY 2025-26 - $27,014) to provide On-Call SB 1383 Support Services; and 2.) Authorize the City Manager to execute the agreement.

H. Amendment No. 1 to the City Manager Employment Agreement Approve Amendment No. 1 to the City Manager Employment Agreement.

I. Fiscal Year 2023-2024 Year- End Appropriation Adjustments Approve the proposed amendments to the annual budget for Fiscal Year 2023-24.

J. Amendment No. 2 to the Contract Services Agreement for City Attorney Services Approve Amendment No. 2 to the Contract Services Agreement for City Attorney Services and a fiscal year 2024/25 budget amendment of $8,000 in account numbers 1015-7690 and 3 1015-7686.

13. ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

14. PUBLIC HEARINGS
A. Levy and collection of assessments within the Lighting and Landscape Assessment District - Fiscal Year 2024-25
Adopt Resolution No. 24-07 providing for the annual levy and collection of assessments for Fiscal Year 2024-25 within the Landscape and Lighting District.

15. BUSINESS ITEMS
A. Appointments to the 2024/25 Mayor's Youth Council
Appoint all sixteen (16) candidates that applied to serve on the 2024/25 Mayor’s Youth Council.

B. Award of Contract - Royal Oaks Park Pickleball Court Conversion and Tennis Court Resurfacing Project (24-12)
1) Award the construction contract for the Royal Oaks Park Pickleball Court Conversion and Tennis Court Resurfacing Project, to Trueline Construction & Surfacing, Inc., as the lowest responsive and responsible bidder in the amount of $116,462, in addition to a ten percent contingency and 2) Approve a total project budget amendment of $54,109 from the Park Improvements fund.

C. Consideration of a Service Agreement with Train Up a Child LLC (1) Find that waiving the competitive bidding process pursuant to Municipal Code Section

2.36.050(o) shall best serve the City due to the consultant’s specialized nature of the programs and services, and (2) Authorize the City Manager to execute a five-year service agreement with Train Up a Child LLC.

D. FY 2024/25 - 2026/27 Memorandums of Understanding
Authorize the Mayor to execute the attached Memorandums of Understanding between the City of Duarte and SEIU Local 721 – Management & Professional Employees and General Employees and a budget amendment of $340,000 to the FY 2024/25 budget for the first year of the MOU.

E. Resolution Establishing the Salary Schedule and Compensation Plan for Unrepresented Regular Employees
Adopt Resolution No. 24-11 rescinding Resolution No. 23-13 and establish a salary schedule and compensation plan for the unrepresented regular employees and approve a budget amendment of $14,000 to the FY 2024/25 budget and amend the Citywide Salary Schedule accordingly.
4 F. Temporary Services Agreement - Interim Recreation Supervisor Authorize the City Manager to enter into an agreement for temporary services with Peggy Diamond to serve as an Interim Recreation Supervisor for the Duarte Senior Center.

G. Adoption of November 5, 2024, General Municipal Election Resolutions Adopt Resolution No. 24-08 calling for a General Municipal Election to be held on November 5, 2024; Resolution No. 24-09 requesting that the Los Angeles County Board of Supervisors consolidate the General Municipal Election with the Statewide General Election; and Resolution No. 24-10 adopting regulations pertaining to candidate statements.

16. CONTINUATION OF ORAL COMMUNICATIONS

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

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

18. ADJOURNMENT
.

AFFIDAVIT OF POSTING
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 19th day of June, 2024
Annette Juarez, MMC
City Clerk
5 ITEM: 1.A
City Manager Written Comments
Recommended Action:

Attachments:

1.A CM Comments 6-25-24.pdf
6 MEMORANDUM
TO: City Council
FROM: Brian Villalobos, City Manager
DATE: June 18, 2024
SUBJECT: Comments on Agenda Items, Meeting of June 25, 2024 ITEM 9.A. (Special Items). Public Safety Department update - Public Safety Director Breceda will provide an update for the council.

ITEM 12.E. (Consent Calendar). The Finance Department has submitted the monthly report for April 2024 for review.

ITEM 12.F. (Consent Calendar). The Public Safety Department has submitted the monthly report for June 2024 for review.

ITEM 12.G. (Consent Calendar). Professional Services Agreement with R3 Consulting Group, Inc - In July of 2022, the City executed a two year agreement with R3 Consulting to ensure compliance with SB 1383. For 2024, CalRecycle’s implementation timeline is transitioning from its planning and outreach phase to enforcement phase. Therefore, the City’s primary focus is facilitating compliance amongst our tier 1 and tier 2 edible food generators to meet edible food recovery mandates as well as implementing sustainable, long-term solutions to meet its annual procurement mandates. Moreover, R3 will continue to prepare and submit mandated reporting such as the Electronic Annual Report (EAR) on the City’s behalf, assist in reviewing Burrtec’s annual performance review, and provide recordkeeping assistance via our online portal. The agreement’s term is one year and an option for one additional year to provide flexibility to the City, if it finds that R3 Consulting’s services are no longer needed to implement SB 1383 programs.

The FY 2024-25 budget allocated $26,100 for SB 1383 implementation support services in the general fund (1825-7687).

ITEM 12.H. (Consent Calendar). Amendment No. 1 to the City Manager Agreement - The City Council and City Manager are currently undergoing an evaluation and negotiations process, and therefore the parties mutually agree to amend the term of the 2023 City of Duarte City Manager Employment Agreement in order to facilitate such discussions in a thoughtful manner. This amendment extends the term of the original agreement to August 30, 2024, rather than June 30, 2024.

ITEM 12.I. (Consent Calendar). Amendments to the Annual Budget for Fiscal Year 2023-24 - At year end, budget adjustments are needed to add appropriations to departments or funds that have exceeded the original appropriation for FY 23-24. If the General Fund or other funds exceeds the budgeted appropriations, a disclosure is made in the financial statements. This report requests Council’s approval for budget adjustments to transfer appropriations between funds that have exceeded the current budgeted appropriations, along with explanations for the adjustments. The following funds need to be adjusted:

Lighting and Landscape District Fund (Fund 240): Increase appropriations by $59,000, due to rate increases in electricity costs and additional citywide traffic signal and street lights; AQMD Fund (Fund 320):

Increases appropriations by $26,500, due to the sale of City vehicles and purchase of Enterprise leased vehicles for accounting purposes; Measure M Fund (Fund 475): Increase appropriations by $150,000 due to FY23-24 Street Rehabilitation project. Budgeted funds will be adjusted to bring all departments and funds within budget; however, the result of the recommended action will have no fiscal impact.

ITEM 12.J. (Consent Calendar). Amendment No. 2 to the City Attorney Agreement - Rutan & Tucker, LLP (“Rutan”) has served as the City Attorney’s Office for the City of Duarte since April 2004. The City 7 Council approved four contract amendments before releasing a request for proposal in the summer of 2021.

After a six-month process in which the City received numerous responses to its request for proposal and a rigorous interview process, the City Council approved a new agreement, the Contract Services Agreement for City Attorney Services (“Agreement”) with Rutan to serve as the City Attorney’s Office, appointing Thai Viet Phan as City Attorney and Jeffrey T. Melching as Assistant City Attorney in March 2022. The Agreement was amended in June 2023. Following the City Attorney’s annual review on June 11, 2024, the City Council directed the City Manager to oversee an amendment to the City Attorney contract.

Amendment No. 2 to the current Agreement includes a 3% cost of living adjustment as provided for in Subsection F of Section 4.0 of the Agreement. Depending on the amount of legal services rendered by the City Attorney’s Office in the fiscal year, Amendment No. 2 to Contract Services Agreement for City Attorney Services is estimated to cost an additional $8,000 in Fiscal Year 24-25.

ITEM 14.A. (Public Hearings). Levy and collection of assessments within the Lighting and Landscape Assessment District – Fiscal Year 2024-25 - Annually, the City Council is required to hold a Public Hearing to establish property assessments to pay for the Lighting and Landscape Assessment District. The Engineer’s Report is attached to this year’s Resolution indicating the amounts of the assessment, district boundaries, assessment zones, descriptions of improvements, and method of assessment. There is no change to the Citywide Assessment. In some neighborhood zones, the assessment can increase by the annual increase in the Consumer Price Index (CPI). This year the December 31, 2023 CPI was 3.5%. In the zones where the assessment may be increased, the assessments will increase to the maximum allowable rate of 3.0%. The Engineer’s report addresses this issue in detail. The assessment is subject to the notice, protest, and hearing requirements of Section 53753 of the Government Code. A few of the neighborhood districts have moved into a consistent deficit and Staff plans to recommend that the City initiate a vote for an assessment increase. In most districts, the assessment does not include a cpi escalator and therefore has never increased and rising utility and maintenance costs have created negative balances. Proposition 218 “the Right to Vote on Taxes Act” requires that residents vote to approve assessment increases.

ITEM 15.A. (Business Items). Mayor’s Youth Council Appointments - In April of 2008, the Mayor’s Youth Council of the City of Duarte was established. The youth council is a leadership development program in which teens in grades 8 through 12 are given an opportunity to advise, recommend, assist, and encourage activities to be undertaken for and with teens in the City. There are sixteen (16) candidates that have applied to serve on the 2024/25 Mayor’s Youth Council.

ITEM 15.B. (Business Items). Award of Contract to Trueline Construction & Surfacing, Inc. - Back in February, the City Council approved the Parks and Recreation Commission’s recommendation for the full conversion of one (1) of the existing tennis courts at Royal Oaks Park to two (2) permanent pickleball courts, installed with lines and nets, and to paint pickleball lines on the remaining tennis court side to allow it to be used as both a tennis court and pickleball courts. On May 13, 2024, the City published an invitation to bid on the Royal Oaks Park Pickleball Court Conversion and Tennis Court Resurfacing Project, 24-10, in accordance with Duarte Municipal Code (DMC) Section 2.36.060. On June 5, 2024, the City received two (2) bids for the subject project. The bids were reviewed for responsiveness to the bid specification requirements. The lowest responsive and responsible bidder is Trueline Construction & Surfacing, Inc., in the amount of $116,462, in addition to a ten percent contingency.

ITEM 15.C. (Business Items). Professional Services Agreement with Train Up Child LLC - In 1989, the City of Duarte entered into an agreement with the Los Angeles County Probation Department to establish the Gang Alternative and Prevention Program (GAPP). This program hired a full-time Deputy Probation Officer responsible for working within the Duarte Unified School District, targeting at-risk youth with 8 prevention and intervention services aimed at reducing truancy and other serious behavioral issues. The program has been ongoing since its inception and was run by Deputy Probation Officer (DPO) Ray Abernathy. Ray retired from the Probation Department in early 2024 and created Train Up Child LLC.

The City did not renew its agreement with the Probation Department for the fiscal year 2024-25 but staff is recommending contracting with Train Up a Child LLC to run the Public Safety Office youth prevention program. The City of Duarte will have more control over data obtained, direct consultation with staff, and serve a larger youth population. The probation department previously limited the time spent on cases and the number of youth served (it was always a 50% contract in which we paid for 50% of the cost and received only 50% of the DPO’s time). The new service agreement will set a minimum number of youth to be served and we will receive 100% of Ray Abernathy’s time. Additionally, staff has collaborated with the consultant to develop a comprehensive list of services and enhancements for our at-risk youth population. The Professional Services Agreement with Train Up a Child LLC, including additional programming costs, has been included in the FY 24/25 Budget. By replacing the LA County Probation Department’s GAPP contract with the Train Up a Child LLC service agreement and other programming costs, staff is projecting savings of $400 in the first year, $12,600 in the second year, $9,600 in the third year, $7,600 in the fourth year, and $4,600 in the fifth year, totaling $34,800 over the 5-year contract term.

ITEM 15.D. (Business Items). Memorandum of Understanding with SEIU Local 721 Management and Professional Employees and General Employees - The City of Duarte has two employee bargaining units; the general employees and the management & professional employees. Both of these units are represented by the Service Employees International Union, Local 721 (SEIU 721). The City’s current Memorandums of Understanding (“MOUs”) with these two bargaining units ends June 30, 2024. The representatives of the two bargaining units submitted a joint proposal in March 2024. The City Manager, Assistant City Manager and a labor attorney analyzed the proposal, met with the City Council and presented a counter proposal to the bargaining units. After several meetings with both the bargaining units and City Council, a tentative agreement was reached, and the Union members voted to ratify the terms of the tentative agreement on June 11, 2024. Now the final drafts of the MOU are being presented to the City Council and are available to the public for review. The key elements of the tentative agreement are as follows: the term of each MOU is to be three years; a base salary increase of 6 percent in 2024/25, 2 percent in 2025/26 and 1 percent in 2026/27; language that explains that the City will contribute 100% of the current Blue Shield Access healthcare rate in 2024/25 and not more than a 5% increase annually in 2025/26 and 2026/27; language that explains that the City will contribute 100 % of the current premiums for dental and vision insurance in 2024/25 and not more than a 5% increase annually in 2025/26 and 2026/27; increasing standby pay to $325 per week; increasing tuition reimbursement to $3,500 per year for full time employees and $2,625 for ¾ time employees; increasing bilingual pay to $150 per month; matching up to $100 per month for employees contributing to deferred compensation; and the addition of one more paid floating holiday.

Estimated expenditures, related to all compensation changes, are approximately $1.2 million over a three year term, FY 2024/25 - 2026/27.

ITEM 15.E. (Business Items). Resolution No. 24-11 - Establishing a Salary Schedule and Compensation Plan for the Unrepresented Regular Employee Assistant City Manager - Unrepresented Employees are bound by the policies established by the City’s Personnel Rules and Regulations and a Compensation Resolution, which is typically adopted by the Council on an annual basis in June for the upcoming fiscal year. The compensation resolution for Unrepresented Employees serves to establish compensation, benefits, and any procedures, rights, or protections that are of particular interest and are not already a part of the existing Personnel Rules & Regulations. Please note that the Memorandum of Understanding (“MOUs”) for the Management and Professional and the General Units of represented employees does not apply to unrepresented employees. As a result, the City Council must approve compensation for unrepresented regular positions on an annual basis. This year’s compensation plan includes a 6 percent base salary increase, a contribution to healthcare up to the Blue Shield plus rate and a deferred compensation 9 match of up to $100 per month. This is consistent with the terms of the MOUs negotiated with the represented employees.

ITEM 15.F. (Business Items). Limited Term Employee Contract - The former Recreation Supervisor of the Duarte Senior Center tendered their resignation effective June 5, 2024. While the recruitment process to permanently fill the vacated position is underway, the Director of Parks & Recreation has determined it is necessary to hire temporary services to support the Department and Center through the summer months, its busiest time of the year, to ensure the facility’s programming and services are adequately organized and supervised during this transitional period. Peggy Diamond, a retired annuitant, worked for the City of Duarte for 37 years. For 29 of those years, Mrs. Diamond served in the capacity of Recreation Supervisor for the Duarte Senior Center. Mrs. Diamond, retired in 2021 in good standing. The California Public Employee Retirement System (CalPERS) provides for the governing body to make an interim appointment of a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year and the compensation paid is within the salary range of the vacant position. If approved, Mrs. Diamond will begin July 1st, generally from 8am to 4pm Monday through Friday, and on weekends and evenings, as needed, according to the Department’s needs. The agreement provides for up to 520 hours of work at $45.40 per hour, which is within the existing Recreation Supervisor salary range. No other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate will be received.

ITEM 15.G. (Business Items). Resolution No.’s 24-08, 24-09, & 24-10 - In preparation for the November 5, 2024 General Municipal Election to fill Duarte City Council seats representing District 2, District 3, and District 7 for four-year terms, and for the purpose of submitting to the voters the question of whether the City Council shall be authorized to adopt an Ordinance to permit no more than two (2) storefront retail sales cannabis dispensaries and that taxes cannabis businesses up to 10% of gross receipts (Resolution No. 24- 08), it is necessary to adopt resolutions initiating the process and requesting election services from the Los Angeles County Registrar Recorder/County Clerk, requesting that the Los Angeles County Board of Supervisors consolidate the City of Duarte’s General Municipal Election with the Statewide General Elections (Resolution No. 24-09), and set regulations pertaining to candidate statements (Resolution No. 24-10). In addition to calling for an election of Councilmembers for three City Council districts and to place a ballot measure relating to cannabis retail sales and tax, Resolution 24-08 also directs the City Attorney to prepare an impartial analysis of the ballot measure and authorizes the City Council to select up to three Councilmembers to prepare a ballot argument for or against the measure. 10 ITEM: 12.C
Approval of Minutes - June 11, 2024 Regular Meeting (CC/HA/FA) Recommended Action:

Approve the minutes of June 11, 2024.

Attachments:

12.C - Minutes - June 11, 2024.pdf
11 6/11/2024 – 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, JUNE 11, 2024
5:30 PM – Closed Session
7:00 PM – Regular Session

1. CALL TO ORDER
Mayor Truong called the meeting to order at 5:33 p.m.

ROLL CALL:

Councilmembers Present: Finlay, Kang, Lewis, Schulz, Martin del Campo, Garcia, Truong Councilmembers Absent: None
Staff Present: Brian Villalobos, City Manager
Kristen Petersen, Assistant City Manager / Director of
Administrative Services
Annette Juarez, City Clerk

2. ADOPTION OF THE AGENDA
Moved by Councilmember Finlay seconded by Councilmember Schulz, and carried by the following vote of the Council to adopt the agenda.

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

3. PUBLIC COMMENT – CLOSED SESSION ITEMS
None.

4. CLOSED SESSION
The City Council recessed into closed session at 5:54 p.m. to discuss the following:

CONFERENCE WITH LEGAL COUNSEL AND LABOR NEGOTIATOR - The Closed Session is authorized by the Government Code Sec. 54957.6.

AGENCY NEGOTIATOR: Kristen Petersen, Assistant City Manager and Director of Administrative Services; Sheila Delshad, Burke Williams & Sorensen, LLP, Outside Legal Counsel.

EMPLOYEE ORGANIZATION: SEIU Local 721 Management and Professional Employees and General Employee Units.

PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957(b) Title: City Manager and City Attorney

REGULAR SESSION

5. CALL TO ORDER
Mayor Truong called the open session to order at 7:16 p.m.

ROLL CALL:

Councilmembers Present: Finlay, Kang, Lewis, Schulz, Martin Del Campo, Garcia, Truong Councilmembers Absent: None
Staff Present: Brian Villalobos, City Manager
Thai Viet Phan, City Attorney
12 6/11/2024 – PAGE 2
Kristen Petersen, Assistant City Manager / Director of
Administrative Services
Craig Hensley, Director of Community Development
Larry Breceda, Director of Public Safety Services
Manuel Enriquez, Director of Parks and Recreation
Annette Juarez, City Clerk
Angela Chiaromonte, Financial Services Manager
Andres Rangel, Assistant to the City Manager
Albert Nunez, Management Aide
Frances Jimenez, Deputy City Clerk

6. PLEDGE TO THE FLAG
The flag salute was led by Ernest Jones Jr.

7. CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Phan announced that no reportable action was taken.

8. SPECIAL ITEMS
A. Recognition - Ernest Jones Jr.

Mayor Truong presented a certificate of recognition to Ernest Jones. Councilmember Lewis shared a few memories of Ernest Jones’ leadership and expressed gratitude for his impact on the youth of Duarte.

B. National Mosquito Awareness Week Proclamation
Mayor Truong presented a proclamation proclaiming the week of June 16-June 22 as National Mosquito Awareness Week in the City of Duarte to Anais Medina Diaz, Director of Communication of the San Gabriel Valley Mosquito and Vector Control District.

C. Community Development Department Update
Director of Community Development Hensley reported on upcoming development projects; provided the status on ongoing projects; and gave a timeline on various projects per the city council's request.

D. Parks and Recreation Department Update
Director of Parks and Recreation Enriquez announced upcoming events; highlighted the beginning of summer classes; provided a timeline for the Beardslee Restroom Replacement Project; and invited residents to attend the 3rd of July celebration.

9. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
Joanna Gee, Duarte Library, announced upcoming library events. *Councilmember Kang left the meeting at 7:43 p.m.

City Clerk Juarez announced upcoming city events.

Assistant Chief Cabrera from the LA County Fire department commended the city of Duarte for considering the safety of residents when it comes to firework usage, and thanked the City Council for considering the Law Enforcement agreement with the Sheriff's Department as they work closely with and support that department. In response to questions posed by the City Council Chief Cabrera shared the data of firework use in the past few years.

Mayor Truong shared the success of the Duarte team at the recent Third Annual City vs. City Charity Bowling Event.
13 6/11/2024 – PAGE 3

10. ORAL COMMUNICATIONS – ITEMS NOT ON THE AGENDA
City Clerk Juarez shared that an emailed public comment from Lindsey Steed regarding the Pathway Home Program was received and was forwarded to the City Council.

Jay Burger shared his opinion on the need to allow four dogs in a household in Duarte and expressed support for the addition of solar lights at the Donald and Bernice Watson Recreation Trail.

11. 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 – May 28, 2024 Special Meeting and May 28, 2024 Regular Meeting. (CC/HA/FA)
D. Approval of Warrants – June 11, 2024. (CC/HA/FA)
E. Receive and file the Community Development Department Update.

F. Receive and file the Parks and Recreation Department Update.

G. Approval of a Professional Services Agreement with Lynne Dwyer Landscape Architect was approved in the amount of $26,000 for design services of the parking lot and trailhead for the Fish Canyon Falls Restoration Planning Project was approved.

H. Approval of a Professional Services Agreement with Lee & Associates for real estate advisory services for Fiscal Year 2024-2025 in an amount not to exceed $80,000 I. Approval of City Council Expense Reimbursement
Director of Parks and Recreation Enriquez provided a status update on the Fish Canyon Falls Restoration Planning Project.

Moved by Councilmember Finlay, seconded by Councilmember Martin del Campo, and carried by the following vote of the Council to approve Items 11A-11I of the Consent Calendar.

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

12. ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
None.

13. PUBLIC HEARINGS
None.

14. BUSINESS ITEMS
A. Fiscal Year 2024/25 Budget Highlights
Assistant City Manager/Director of Administrative Services Petersen and Financial Service Manager Chiaromonte gave an overview of the budget and capital improvement plan. Details were provided on the projected general fund revenues, projected general funds expenses, projected other funds, and changes made to the Capital Improvement Plan. 14 6/11/2024 – PAGE 4
Per questions posed by the City Council, City Manager Villalobos clarified the process of partnering with the Duarte Unified School District for the traffic signal project at Buena Vista Street and Kellwil Way.

Assistant City Manager Petersen responded to questions made by the City Council regarding funding sources for various projects; detailed the specifications for the Teen Center improvement projects; and gave possible timelines of projects along with their corresponding budget breakdown.

Moved by Councilmember Finlay, seconded by Councilmember Lewis, and carried by the following vote of the Council to approve the 2024/25 Budget and Capital Improvement Plan.

AYES: FINLAY, LEWIS, SCHULZ, MARTIN DEL CAMPO, GARCIA, TRUONG NOES: NONE
ABSTAIN: NONE
ABSENT: KANG
B. Adopt Resolution No. 24-06 of the City Council of the City of Duarte Approving a Five-Year Municipal Law Enforcement Services Agreement (MLESA) with the County of Los Angeles for Public Services Provided by the Los Angeles County Sheriff's Department and Authorizing the City Manager to Procure Services of the Los Angeles County Sheriff's Department Up to an Amount Authorized in the City's Operating Budget for the Period of July 1, 2024 through June 30, 2029
City Manager Villalobos highlighted changes that were made to the agreement in comparison to past years’ agreements and shared the main takeaway of the negotiation process.

The City Council praised City Manager Villalobos for his work.

City Manager Villalobos commended City Manager Cook from Temple City and San Dimas City Manager Constantin for their hard work and efforts.

Moved by Councilmember Finlay, seconded by Mayor Pro Tem Garcia, and carried by the following vote of the Council to adopt Resolution No. 24-06 approving the 5-Year Agreement with the County of Los Angeles for the period of July 1, 2024, through June 30, 2029, and Authorize the Mayor to execute the 5-Year Agreement on behalf of the City.

AYES: FINLAY, LEWIS, SCHULZ, MARTIN DEL CAMPO, GARCIA, TRUONG NOES: NONE
ABSTAIN: NONE
ABSENT: KANG
C. Cannabis Retail Dispensaries and Tax Ballot Measure
City Attorney Phan presented to the City Council a report on two options for discussion regarding a potential cannabis ballot measure.

Public Comment:

Damian Martin spoke in support of staff’s recommendation and gave a possible timeline of opening a cannabis dispensary if so decided by the voters and the City Council.

Steve Hernandez expressed satisfaction with the item and withdrew his public comment card.

Per questions posed by the City Council, City Attorney Phan provided clarification on the ballot measure options, the differing language and its corresponding meaning as well as the process that would result from each option.

Discussion ensued regarding the benefit of sales tax revenue, possible future election years the measure can be placed on, and the logistics of the possible implementation of both options presented by City Attorney Phan.

Councilmember Schulz moved to approve option 1 of the ballot question options which states “Shall the City Council of the City of Duarte be authorized to adopt an ordinance to permit no 15 6/11/2024 – PAGE 5
more than two storefront retail sales cannabis dispensaries and that taxes cannabis businesses up to 10% of gross receipts” and place it on the November 2024 General Election ballot; Councilmember Martin del Campo seconded the motion.

Councilmember Finlay made a substitute motion for moving option one to the 2025 election which states “Shall the City Council of the City of Duarte be authorized to adopt an ordinance to permit no more than two storefront retail sales cannabis dispensaries and that taxes cannabis businesses up to 10% of gross receipts in a 2025 election”; Councilmember Lewis seconded the motion. The substitute motion failed by the following Roll Call vote:

AYES: FINLAY, LEWIS
NOES: SCHULZ, MARTIN DEL CAMPO, GARCIA, TRUONG
ABSTAIN: NONE
ABSENT: KANG
Motion does not pass.

The original motion to proceed with option 1 language of the ballot question options for the 2024 election carried by the following Roll Call vote:

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

Staff was directed to bring back a resolution at the next council meeting which states, “Shall the City Council of the City of Duarte be authorized to adopt an ordinance to permit no more than two storefront retail sales cannabis dispensaries and that taxes cannabis businesses up to 10% of gross receipts.”

15. CONTINUATION OF ORAL COMMUNICATIONS
None.

16. ITEMS FROM CITY COUNCIL/HOUSING AUTHORITY/FINANCING

AUTHORITY MEMBERS AND CITY MANAGER/EXECUTIVE

DIRECTOR/REPORTS OF MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3
Assistant City Manager Petersen reminded the City Council to turn in any reimbursement forms due to the upcoming close of the fiscal year.

City Manager Villalobos thanked Assistant City Manager Petersen, Financial Services Manager Chiaromonte, and the entire finance department for their work on preparing the budget.

Councilmember Martin Del Campo reported she attended the Metro Foothill Goldline Extension meeting and shared the great networking opportunities between cities that occurred at the Annual Bowling Charity Event.

Councilmember Schulz thanked Assistant City Manager Petersen and Financial Services Manager Chiaromonte for their tremendous work on the budget; commended Assistant City Manager Petersen for assistance with labor union negotiations; and reported she attended the County Oversight Committee for Measure H.

Councilmember Finlay stated her experience touring the Pathway Home Program and the surrounding area; congratulated the City of Monrovia for winning the All America City Award; shared resident Lois Gaston’s praise of the 2024 State of the City; asked for updates on a few developments; and commented on the recent Scholarship Breakfast.

Councilmember Lewis thanked staff for presenting Coach Jones a certificate of recognition; thanked former Mayor of Sacramento Kevin Johnson for sponsoring his 3rd of July table, wished 16 6/11/2024 – PAGE 6
Councilmember Finlay and his friend Ashely Anne a belated happy birthday as well as the other birthdays in June.

Mayor Pro Tem Garcia recognized Mrs. Browner in the audience and expressed appreciation for Mr. Jones; and asked for information regarding public safety calls in the area surrounding the Pathway Home Program location.

Discussion ensued between Director of Public Safety Breceda and the City Council regarding loitering.

Mayor Pro Tem Garcia wished Councilmember Finlay and his sister a happy birthday and wished everyone a Happy Father’s Day.

Mayor Truong reported he attended the SGVCOG Energy, Environment and Natural Resources meeting; urged residents to be aware of their insurance bills; shared the water board will dissolve into the EENR committee; reiterated Duarte's win at the annual bowling charity event; and shared appreciation for his colleagues on council.

17. ADJOURNMENT
At 9:15 p.m., the City Council adjourned the meeting.
__________________________________
Vinh Truong, Mayor
_________________________________
Annette Juarez, City Clerk
17 ITEM: 12.D
Approval of Warrants - June 25, 2024 (CC/HA/FA)
Recommended Action:

Approve the warrants of June 25, 2024.

Attachments:

12.D - CC Register by Account 6-25-2024.pdf

12.D - CC Register by Vendor 6-25-24.pdf
18 6/19/2024 12:10:50 PM Page 1 of 8
Council Warrant Register By Account
City of Duarte By Fund
Payment Dates 6/13/2024 - 6/26/2024
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Fund: 100 - GENERAL FUND
100-1605-7758 CARLOS FELIPE PEREZ July 3rd Fireworks Show DJ 219864 850.00 Ruckus Network Project- 4610 20,044.00
Installment 2 & 3
100-1815-7630 THE TECHNOLOGY DEPOT INC
100-1605-7733 RODOLFO CARDENAS Monthly Dance DJ 219840 175.00 100-1605-7735 DELONG UNLIMITED SCREEN … TC 3 on 3 Basketball T-Shirts 219848 68.37 100-1605-7745 DELONG UNLIMITED SCREEN … TC Boxing T-Shirts 219848 585.43 100-1605-7735 DELONG UNLIMITED SCREEN … TC CHYLL Bags 219848 110.25 100-1605-7730 JOE ANDREW CURIEL PERZAB… 2024 Dive In Movie 6/28/2024 219866 1,118.40 Evander Holyfield Event BD24-1562 65.46
Supplies
100-1010-7980 CAPITAL ONE
100-1605-7735 CAPITAL ONE TC Snack Bar Supplies BD24-1562 158.54 Evander Holyfield Event BD24-1562 26.66
Supplies
100-1010-7980 CAPITAL ONE
Evander Holyfield Event BD24-1562 220.35
Supplies
100-1010-7980 CAPITAL ONE
100-1205-7636 UNIFORM HEADQUARTERS CSO Almaguer Uniforms 4615 464.15 TC Summer Kickoff BBQ BD24-1562 223.87
Supplies
100-1605-7735 CAPITAL ONE
100-1605-7740 SMART & FINAL Summer Day Camps Workshop 4605 83.19 100-1205-7636 UNIFORM HEADQUARTERS PCO Spicer Uniforms 4615 492.49 Emergency Generator Annual 4608 635.00
Monitoring Certificate
100-1410-7656 SUNWEST ENGINEERING
Emergency Generator 4608 160.00
Inspection 5/2/2024
100-1410-7656 SUNWEST ENGINEERING
100-1610-7618 SIGNAL HILL AUTO ENTERPRIS… Building Maintenance Supplies 4604 1,205.07 100-1010-7980 SMART & FINAL Youth @ Work Ice Crea… 4605 15.49 100-1605-7980 SMART & FINAL Youth @ Work Ice Crea… 4605 15.49 100-1605-7730 SWANK MOTION PICTURES INC 2024 Dive In Movie 6/28/24 4609 415.00 100-1605-7745 DELONG UNLIMITED SCREEN … TC Boxing T-Shirts 219848 220.50 100-1610-7618 SMART & FINAL Senior Ctr Coffee Supplies 4605 259.51 Finance Mgr Printer Maint 219839 27.01
4/23/24 - 5/22/24
100-1825-7631 CANON SOLUTIONS AMERICA …
Senior Ctr Monthly Dance 4605 62.96
Refreshments
100-1605-7733 SMART & FINAL
100-1010-7614 STAPLES ADVANTAGE Certificate Holders/Pens 4607 100.99 100-1010-7980 CITY OF WHITTIER Zero Bail Working Group 219844 1,617.81 Instructor Fee-Senior Yoga 4595 352.80
3/4/2024 - 5/23/2024
100-1605-7756 GREGORY MENA
CMD-Permit Tech Printer 219839 48.90
Maint 4/27/24 - 5/26/24
100-1825-7631 CANON SOLUTIONS AMERICA …
100-1605-7745 DELONG UNLIMITED SCREEN … TC Duarte Boxing Polos 219848 253.58 100-1410-7650 RUSH TRUCK CENTERS OF CAL…Aerial Lift Truck Repair 4601 3,882.32 Deceased Animals Disposal 4596 225.00
5/2024
100-1205-7780 ONLY CREMATIONS FOR PETS
Crossing Guard Srvcs 5/12/24 - 4581 6,992.73
5/25/24
100-1205-7782 ALL CITY MANAGEMENT SERV…
100-1605-7733 STAPLES ADVANTAGE SC Copier Paper 4607 113.54 TC Boxing Golf Tournament 4605 89.98
Supplies
100-1605-7745 SMART & FINAL
Summer Concerts in the Park 219842 2,500.00
Band
100-1750 DAVID CENICEROS
100-1605-7745 SHAFFER AWARDS TC Golf Tournament Awards 219872 334.28 100-1605-7736 SMART & FINAL Instructor Recital Gift Cards 4605 40.00 Emergency Generator 4608 160.00
Inspection 5/29/2024
100-1410-7656 SUNWEST ENGINEERING
19 Council Warrant Register By Account Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:10:50 PM Page 2 of 8
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Broadband Access Needs 4592 24,336.88
Assessment 4/21/24-5/18/24
100-1010-7965 MAGELLAN ADVISORS LLC 202312/1010-7965-Prof. Svcs… PO Pkg Lot Landscape 4593 312.00
Maintenance 5/2024
100-1020-7724 MARIPOSA LANDSCAPES INC
Duarte Wilderness Park Brush 4593 2,080.00
Clearance 5/2024
100-1410-7815 MARIPOSA LANDSCAPES INC
Greenbank Ave Brush 4593 76.00
Clearance 5/2024
100-1410-7815 MARIPOSA LANDSCAPES INC
Sports Parks (2) Landscape 4593 3,426.72
Maintenance 5/2024
100-1415-7916 MARIPOSA LANDSCAPES INC
100-1205-7650 10-8 RETROFIT INC Vehicle 35 Lights 4578 1,052.44 FC Gym Equipment 219867 490.00
Service/Repair
100-1610-7652 PRONTO GYM SERVICES INC
Design Svcs-FC Pool Deck 219836 89,928.00
Renovation 5/2024
100-1605-7965 AQUATIC DESIGN GROUP INC 202421-Prof Svcs-FC Pool Deck… Pest/Rodent/Mosquito Control 4619 793.76
Srvcs 5/2024
100-1610-7652 WESTERN EXTERMINATOR C…
100-1010-7670 SOUTHERN CALIFORNIA NEWS…Legal Advertising 5/2024 4606 1,681.91 CMD Intern/FC Printer Maint 219839 61.77
2/29/24 - 5/30/24
100-1825-7631 CANON SOLUTIONS AMERICA …
100-1205-7650 FAST 5 HOLDING COMPANY L… Vehicle Cleaning 5/2024 219853 119.00 100-1205-7781 FAST 5 HOLDING COMPANY L… Vehicle Cleaning 5/2024 219853 70.00 100-1405-7650 FAST 5 HOLDING COMPANY L… Vehicle Cleaning 5/2024 219853 28.00 100-1410-7650 FAST 5 HOLDING COMPANY L… Vehicle Cleaning 5/2024 219853 7.00 100-1605-7650 FAST 5 HOLDING COMPANY L… Vehicle Cleaning 5/2024 219853 7.00 100-1205-7779 CMC LIVESCAN & NOTARY SE… Livescan Services 5/2024 4586 202418-FY23-26-Exp-Tutors,S… 50.00 100-1810-7660 CMC LIVESCAN & NOTARY SE… Livescan Services 5/2024 4586 175.00 100-1010-7965 HINDERLITER, DE LLAMAS & A… Cannabis Consulting 5/2024 219855 3,375.00 Fitness Center Pools Monthly 4597 1,950.00
Service 5/2024
100-1610-7652 ALBERTO R PEREZ
100-1205-7780 SAN GABRIEL VALLEY HUMAN… Animal Shelter Srvcs 6/2024 4602 5,833.33 100-1205-7655 THOMSON REUTERS-WEST P… EOC Software 5/2024 4612 215.61 SB1383 Implementation 4598 3,422.50
Consulting
100-1825-7687 R3 CONSULTING GROUP
100-1805-7653 SUPERIOR PRESS A/P Account Deposit Slips BD24-1539 105.69 100-1010-7980 THE SAUCE CREATIVE SERVICE…Charity Bowl Event 6/6/2024 4611 104.60 100-2121 THE SAUCE CREATIVE SERVICE…Charity Bowl Event 6/6/2024 4611 160.00 100-1610-7618 GRAINGER ROP Bldg Restroom Faucets 4589 743.75 Solar Permit Refund (1906 219875 200.00
Delford Ave)
100-4201 TESLA ENERGY OPERATIONS I…
Solar Permit Refund (1906 219875 250.00
Delford Ave)
100-4901 TESLA ENERGY OPERATIONS I…
100-1605-7733 SMART & FINAL SC Staff Recognition 4605 89.58 100-1410-7650 COASTLINE EQUIPMENT Vehicle 3 Repair 4587 4,458.80 Building Plans Storage BD24-1529 472.20
6/1/2024 - 6/30/2024
100-1405-7800 LIFE STORAGE #530
Building Plans Storage BD24-1528 485.20
6/1/2024 - 6/30/2024
100-1405-7800 LIFE STORAGE #530
100-1610-7652 DARRELL RAY CARROLL Keys (Parks) 219841 136.16 100-1405-7969 RKA CONSULTING GROUP Engineering Consulting 4/2024 4599 320.00 100-1405-7969 RKA CONSULTING GROUP Engineering Plan Check 4/2024 4599 760.00 100-1405-7969 RKA CONSULTING GROUP Contract City Engineer 4/2024 4599 1,160.00 ATP Cycle 4 Ped/Bike Access 4599 1,685.00
Improvements 4/2024
100-1405-7965 RKA CONSULTING GROUP 202118-ATP Cycle 4-Professio… Duarte/Highland Striping 4599 80.00
Improvements 4/2024
100-1405-7969 RKA CONSULTING GROUP
FY24 LLD Engineering Srvcs 4599 1,160.00
4/2024
100-1405-7969 RKA CONSULTING GROUP
Royal Oaks Stop Sign Warrant 4599 687.50
Analysis 4/2024
100-1405-7969 RKA CONSULTING GROUP
100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 4583 275.23 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 4583 9.31 100-1605-7735 SMART & FINAL TC Snack Bar Supplies 4605 40.18 20 Council Warrant Register By Account Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:10:50 PM Page 3 of 8
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Variance HiIlside Regulations 219838 3,000.00
Refund (V24-01)
100-4904 MUSHEJ BOYADJIAN
1001 Las Lomas Code 4584 5,289.79
Enforcement Legal 5/2024
100-1015-7684 CIVICA LAW GROUP, APC
1307 Bloomdale Code 4584 1,389.88
Enforcement Legal 5/2024
100-1015-7684 CIVICA LAW GROUP, APC
2352 Rim Rd Code 4584 200.00
Enforcement Legal 5/2024
100-1015-7684 CIVICA LAW GROUP, APC
General Code Enforcement 4584 3,530.80
Legal 5/2024
100-1015-7684 CIVICA LAW GROUP, APC
Tobacco Enforcement Code 4584 1,850.00
Updates 5/2024
100-1015-7684 CIVICA LAW GROUP, APC 202419-Code Enforcement Le… 100-1015-7684 CIVICA LAW GROUP, APC LASD Citations 5/2024 4584 6,000.00 100-1015-7684 CIVICA LAW GROUP, APC LASD-Costs 5/2024 4584 32.72 Annette Juarez Annual 219843 250.00
Membership Dues
100-1010-7612 CITY CLERKS ASSOCIATION OF…
Gsuite accessduarte.com BD24-1538 1,416.72
5/1/24 - 5/31/24
100-1815-7632 GOOGLE LLC
Senior Ctr A Frame Monthly 219847 18.74
Sign
100-1605-7733 CURO MANAGED PRINT PRO…
Track Meet & Championship 219871 1,712.00
Fees
100-2121 SCMAF-SAN GABRIEL VALLEY
100-1205-7761 DATA TICKET INC DUI Processing Fee 5/2024 4588 6.00 Fuel-Facility Maintenance 219862 1,042.11
4/2024
100-1610-7650 CITY OF MONROVIA
100-1410-7650 CITY OF MONROVIA Field Srvcs Fuel 4/2024 219862 1,162.92 Fuel-Parks & Recreation 219862 435.99
4/2024
100-1605-7650 CITY OF MONROVIA
100-1205-7650 CITY OF MONROVIA Fuel-Public Safety 4/2024 219862 1,476.33 100-1205-7781 CITY OF MONROVIA Fuel-Sheriff's Dept 4/2024 219862 5,165.68 Fuel-Cmty Development 219862 147.70
4/2024
100-1405-7650 CITY OF MONROVIA
100-1825-7674 U.S. BANK PARS ACCOUNT #6… FY24 Add'l OPEB Contribution 4614 249,000.00 100-1020-7719 DUARTE RECREATION PETTY … SC Volunteer Brunch Supplies 219851 59.50 100-1605-7741 DUARTE RECREATION PETTY … SCMAF Track Staff Parking 219851 5.00 Staff Training Starbucks Gift 219851 10.00
Cards
100-1605-7741 DUARTE RECREATION PETTY …
Facility Maint Staff Meeting 219851 17.00
Donuts
100-1610-7618 DUARTE RECREATION PETTY …
100-1610-7650 WARDS SERVICE Vehicle 21 Service & Repair 4617 733.87 Agenda Management Software 4585 19,815.00
6/5/2024 - 6/4/2025
100-1010-7685 CIVICPLUS LLC
CH Men's Restroom Flush 4580 1,180.00
Valve Replacement
100-1610-7652 ALBERTOS PLUMBING
100-1805-7965 SECTRAN SECURITY INC June 2024 Courier Pick-up 4603 343.76 100-1015-7682 BURKE, WILLIAMS & SORENS… Labor Legal 5/2024 4582 4,080.00 100-1810-7980 LOS ANGELES UNIFIED SCHOO…(2) Bilingual Testing Services 219860 180.00 100-1205-7980 DUARTE PUBLIC SAFETY PETTY…Public Safety Office Water 219850 60.75 100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 4583 14.15 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 4583 45.52 100-1205-7761 SUPERIOR CT OF CAL CO OF L… Citation Revenue Tax 5/2024 219874 5,187.60 100-1205-7980 CURO MANAGED PRINT PRO… National Night Out Advertising 219847 691.25 Instructor Fee-Karate (Spring 4579 1,920.80
2024)
100-1605-7736 360 MARITAL ARTS ACADEMY …
100-1205-7779 AIDA TORRES DART UC Irvine Trip Lunch 4613 119.42 Independence Day Celebration 219861 2,700.00
Band
100-1605-7758 SANDRA MARRUJO
TC Rent Deposit Refund 219845 300.00
6/8/2024
100-2120 PAMELA COLEMAN
ROP Bldg Rent Deposit Refund 219854 150.00
6/8/2024
100-2120 SARAH GARCIA
SC Rent Deposit Refund 219869 500.00
6/8/2024
100-2120 SUSANA RAMIREZ
21 Council Warrant Register By Account Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:10:50 PM Page 4 of 8
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Deposit-July 3rd 219856 10,950.00
Stage/Sound/Lighting
100-1605-7758 JA EVENT PRODUCTION
Instructor Fee-Folklorio (Spring 219870 273.00
2024)
100-1605-7736 LUCIA ROMERO
Karate-Ninja Warrior Refund 219859 48.00
(Nelson Li)
100-4801 ZHONGWEI LI
SBA/Nextel Lease 6/2024 219852 2,001.51
(R103868)
100-4408 DUARTE UNIFIED SCHOOL DIS… 250004 - Property Rent - Next… SBA/Nextel Lease 5/2024 219852 2,001.51
(R103481)
100-4408 DUARTE UNIFIED SCHOOL DIS… 250004 - Property Rent - Next… Instructor Fee-Culinary Class 4616 420.00
6/10/24 - 6/12/24
100-1605-7736 JOVANA VILLEGAS
Summer Concerts in the Park 219865 625.00
DJ Services
100-1750 CARLOS FELIPE PEREZ
Balance-July 3rd 219857 10,950.00
Stage/Sound/Lighting
100-1605-7758 JA EVENT PRODUCTION
100-1815-7965 MAXTREME INC IT Helpdesk 6/2024 4594 12,500.00 100-1750 DUARTE PETTY CASH/BINGO … SC Bingo Prize Money 219849 165.00 Balance-July 3rd 2024 219868 13,750.00
Fireworks Show
100-1605-7758 PYRO SPECTACULARS INC
100-1750 KYLE KOLLER Concerts in the Park Sound 219858 3,200.00 SC Independence Day 219876 375.00
Celebration 7/2/2024
100-1750 JANINE R TORRE
Fund 100 - GENERAL FUND Total: 575,789.26
Fund: 220 - GAS TAX FUN
220-2210-7813 PACIFIC PRODUCTS & SERVICE…Sign Posts/Anchors/Rivets 219863 11,776.73 220-2210-7812 WGJ ENTERPRISES INC Meridian Street Striping 4620 3,885.00 Huntington Dr Survey & Utility 4599 240.00
Research 4/2024
220-2225-7965 RKA CONSULTING GROUP
Highland Ave Promenade 219873 156.09
Landscape Design
220-2205-8100 SITE DESIGN STUDIO INC 202106-2205-8100-Highland P… 220-2210-7813 JCL TRAFFIC SERVICES Regulatory Signs & Restock 4590 1,113.64 Fund 220 - GAS TAX FUN Total: 17,171.46
Fund: 225 - SB-1, Road Maintenance/Rehab Fund
FY24 Street Rehabilitation 4593 1,095.75
Landscaping
225-2250-8100 MARIPOSA LANDSCAPES INC 202407/225-2250-8100-Other… Fund 225 - SB-1, Road Maintenance/Rehab Fund Total: 1,095.75 Fund: 240 - LIGHTING AND LANDSCAPE DISTRICT FUND
Backflow Testing-Hearthstone 4600 135.00
LLD
240-2425-7887 RUDY'S PLUMBING INC
Backflow Testing/Repair-Glenn 4600 708.93
Miller Park
240-2410-7888 RUDY'S PLUMBING INC
Gopher Control-Medians 219846 335.02
3/2024
240-2410-7663 COUNTY OF LOS ANGELES AGR…
Misc Locations (8) Landscape 4593 1,509.99
Maintenance 5/2024
240-2410-7915 MARIPOSA LANDSCAPES INC
City Facilities (4) Landscape 4593 2,733.32
Maintenance 5/2024
240-2410-7915 MARIPOSA LANDSCAPES INC
Parks (14) Landscape 4593 15,723.51
Maintenance 5/2024
240-2410-7915 MARIPOSA LANDSCAPES INC
Medians/Pkwys (19) Landscape 4593 8,312.45
Maintenance 5/2024
240-2410-7917 MARIPOSA LANDSCAPES INC
Tree Wells (12) Landscape 4593 459.54
Maintenance 5/2024
240-2410-7917 MARIPOSA LANDSCAPES INC
Landscape Maintenance 4593 491.67
5/2024
240-2420-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 4593 1,416.67
5/2024
240-2421-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 4593 693.80
5/2024
240-2422-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 4593 1,125.00
5/2024
240-2423-7914 MARIPOSA LANDSCAPES INC
22 Council Warrant Register By Account Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:10:50 PM Page 5 of 8
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Landscape Maintenance 4593 775.01
5/2024
240-2424-7914 MARIPOSA LANDSCAPES INC
Hearthstone Brush Clearance 4593 1,166.67
5/2024
240-2425-7913 MARIPOSA LANDSCAPES INC
Landscape Maintenance 4593 416.67
5/2024
240-2425-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 4593 333.33
5/2024
240-2426-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 4593 891.67
5/2024
240-2427-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 4593 891.67
5/2024
240-2431-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 4593 1,175.00
5/2024
240-2432-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 4593 750.00
5/2024
240-2433-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 4593 500.00
5/2024
240-2434-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 4593 750.00
5/2024
240-2435-7914 MARIPOSA LANDSCAPES INC
Ridgecrest Brush Clearance 4593 708.33
5/2024
240-2435-7918 MARIPOSA LANDSCAPES INC
240-2410-7906 WEST COAST ARBORISTS INC Citywide Tree Trimming 4618 18,523.60 240-2410-7909 WEST COAST ARBORISTS INC Citywide Tree Trimming 4618 32,735.40 Irrigation Parts-Duarte Rd 4591 38.90
Median
240-2410-7891 LANDSCAPE WAREHOUSE III
Backflow Testing/Repair- 4600 708.93
Encanto Parkway
240-2410-7888 RUDY'S PLUMBING INC
Backflow Testing/Repair-Senior 4600 460.26
Ctr Irrigation
240-2410-7888 RUDY'S PLUMBING INC
Backflow Testing/Repair- 4600 353.40
Thorsen Park
240-2410-7888 RUDY'S PLUMBING INC
Backflow Testing-Citrus Villas 4600 135.00
LLD
240-2434-7887 RUDY'S PLUMBING INC
Backflow Testing-Central Ave 4600 135.00
Median
240-2410-7663 RUDY'S PLUMBING INC
Backflow Testing-Royal Oaks Dr 4600 135.00
Easement
240-2410-7662 RUDY'S PLUMBING INC
Backflow Testing-Highland Ave 4600 135.00
Tree Wells
240-2410-7662 RUDY'S PLUMBING INC
Backflow Testing-Beardslee 4600 135.00
Park
240-2410-7662 RUDY'S PLUMBING INC
Backflow Testing-Mountain 4600 135.00
Ave Median
240-2410-7663 RUDY'S PLUMBING INC
Fund 240 - LIGHTING AND LANDSCAPE DISTRICT FUND Total: 95,633.74 Fund: 440 - PROPOSITION A TRANSIT FUND
440-4405-7621 STAPLES ADVANTAGE Transportation Dept Chair 4607 198.44 Transportaton Dept Chair 4607 7.65
Delivery Fee
440-4405-7621 STAPLES ADVANTAGE
Fund 440 - PROPOSITION A TRANSIT FUND Total: 206.09
Fund: 460 - PROPOSITION C TRANSIT FUND
460-4605-7621 STAPLES ADVANTAGE Transportation Dept Chair 4607 132.30 460-4605-7650 FAST 5 HOLDING COMPANY L… Vehicle Cleaning 5/2024 219853 35.00 Fuel-Transportation Dept 219862 308.97
4/2024
460-4605-7650 CITY OF MONROVIA
460-4605-7650 AUTOZONE Vehicle 26 Parts 219837 40.77
460-4605-7650 AUTOZONE Yard Supplies 219837 28.33
Transportaton Dept Chair 4607 5.10
Delivery Fee
460-4605-7621 STAPLES ADVANTAGE
Fund 460 - PROPOSITION C TRANSIT FUND Total: 550.47
Grand Total: 690,446.77
23 Council Warrant Register By Account Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:10:50 PM Page 6 of 8
Report Summary
Fund Summary
Fund Payment Amount
100 - GENERAL FUND 575,789.26
220 - GAS TAX FUN 17,171.46
225 - SB-1, Road Maintenance/Rehab Fund 1,095.75
240 - LIGHTING AND LANDSCAPE DISTRICT FUND 95,633.74
440 - PROPOSITION A TRANSIT FUND 206.09
460 - PROPOSITION C TRANSIT FUND 550.47
Grand Total: 690,446.77
Account Summary
Account Number Account Name Payment Amount
100-1010-7612 Publications and Dues 250.00
100-1010-7614 Office Supplies 100.99
100-1010-7670 Legal Notices 1,681.91
100-1010-7685 Technology Services 19,815.00
100-1010-7965 Professional Services 27,711.88
100-1010-7980 Other Expenses 2,050.37
100-1015-7682 Labor Counsel Legal 4,080.00
100-1015-7684 Code Enforcement Legal 18,293.19
100-1020-7719 Volunteer Recognition 59.50
100-1020-7724 Post Office Parking 312.00
100-1205-7636 Uniforms 956.64
100-1205-7650 Vehicle Maintenance 2,647.77
100-1205-7655 Emergency Services 215.61
100-1205-7761 Parking Ticket Collect 5,193.60
100-1205-7779 Youth Programs 169.42
100-1205-7780 Animal Control 6,058.33
100-1205-7781 Contract Law Enforceme… 5,235.68
100-1205-7782 Crossing Guard Contract… 6,992.73
100-1205-7980 Other Expenses 752.00
100-1405-7650 Vehicle Maintenance 175.70
100-1405-7800 Building Department Ser… 957.40
100-1405-7965 Professional Services 1,685.00
100-1405-7969 City Engineer 4,167.50
100-1410-7650 Vehicle Maintenance 9,511.04
100-1410-7656 Emergency Generator 955.00
100-1410-7815 Brush Clearance 2,156.00
100-1415-7916 Landscape-Sport Park 3,426.72
100-1605-7650 Vehicle Maintenance 442.99
100-1605-7730 Special Events 1,533.40
100-1605-7733 Senior Center 459.82
100-1605-7735 Teen Center 601.21
100-1605-7736 Youth & Adult Recreatio… 2,653.80
100-1605-7740 Day Camps 83.19
100-1605-7741 Sports/Playground Progr… 15.00
100-1605-7745 Boxing Program 1,483.77
100-1605-7756 Senior Recreation Classes 352.80
100-1605-7758 Independence Day Celeb… 39,200.00
100-1605-7965 Professional Services 89,928.00
100-1605-7980 Other Expenses 15.49
100-1610-7618 Building Supplies 2,225.33
100-1610-7636 Uniforms 289.38
100-1610-7650 Vehicle Maintenance 1,775.98
100-1610-7652 Building Maint Services 4,604.75
100-1750 Prepaid Charges 6,865.00
100-1805-7653 Bank Charges 105.69
100-1805-7965 Professional Services 343.76
100-1810-7660 Other Services 175.00
24 Council Warrant Register By Account Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:10:50 PM Page 7 of 8
Account Summary
Account Number Account Name Payment Amount
100-1810-7980 Other Expenses 180.00
100-1815-7630 Equipment Lease 20,044.00
100-1815-7632 Software 1,416.72
100-1815-7965 Professional Services 12,500.00
100-1825-7631 Equipment Maintenance 137.68
100-1825-7674 Retiree Health Insurance 249,000.00
100-1825-7687 Waste Mgmt Services 3,422.50
100-2120 Refundable Deposits 950.00
100-2121 Pass Through Deposits 1,872.00
100-4201 Building Permits 200.00
100-4408 Property Rental 4,003.02
100-4801 Youth & Adult Recreatio… 48.00
100-4901 Plan Check Fees 250.00
100-4904 Zoning Fees 3,000.00
220-2205-8100 Other Capital Improvem… 156.09
220-2210-7812 Street Striping & Marking 3,885.00
220-2210-7813 Regulatory Signs 12,890.37
220-2225-7965 Professional Services 240.00
225-2250-8100 Other Capital Improvem… 1,095.75
240-2410-7662 Other Serv-Citywide 405.00
240-2410-7663 Other Serv-Medians 605.02
240-2410-7888 Repairs-Citywide 2,231.52
240-2410-7891 Repairs-Medians 38.90
240-2410-7906 Tree Trim-Citywide 18,523.60
240-2410-7909 Tree Trim-Residential 32,735.40
240-2410-7915 Landscape-Citywide 19,966.82
240-2410-7917 Landscape-Medians 8,771.99
240-2420-7914 Landscape Maintenance 491.67
240-2421-7914 Landscape Maintenance 1,416.67
240-2422-7914 Landscape Maintenance 693.80
240-2423-7914 Landscape Maintenance 1,125.00
240-2424-7914 Landscape Maintenance 775.01
240-2425-7887 Repairs & Replacements 135.00
240-2425-7913 Brush Clearance 1,166.67
240-2425-7914 Landscape Maintenance 416.67
240-2426-7914 Landscape Maintenance 333.33
240-2427-7914 Landscape Maintenance 891.67
240-2431-7914 Landscape Maintenance 891.67
240-2432-7914 Landscape Maintenance 1,175.00
240-2433-7914 Landscape Maintenance 750.00
240-2434-7887 Repairs & Replacements 135.00
240-2434-7914 Landscape Maintenance 500.00
240-2435-7914 Landscape Maintenance 750.00
240-2435-7918 Fuel Modification 708.33
440-4405-7621 Other Supplies 206.09
460-4605-7621 Other Supplies 137.40
460-4605-7650 Vehicle Maintenance 413.07
Grand Total: 690,446.77
Project Account Summary
Project Account Key Payment Amount
**None** 567,342.03
202106-2205-8100-Highland Promenade Measure M 156.09
202118-ATP Cycle 4-Professional Svcs 1,685.00
202312/1010-7965-Prof. Svcs-Broadband Assessment 24,336.88 202407/225-2250-8100-Other Cap-FY24 St Rehab 1,095.75
202418-FY23-26-Exp-Tutors,Student Engage,Live Scan 50.00 202419-Code Enforcement Legal-Tobacco Grant 1,850.00
25 Council Warrant Register By Account Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:10:50 PM Page 8 of 8
Project Account Summary
Project Account Key Payment Amount
202421-Prof Svcs-FC Pool Deck Renovation 89,928.00
250004 - Property Rent - Nextel Rent (Otis Gordon) 4,003.02 Grand Total: 690,446.77
26 6/19/2024 12:11:33 PM Page 1 of 12
Council Warrant Register By Vendor
City of Duarte By Fund
Payment Dates 6/13/2024 - 6/26/2024
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Fund: 100 - GENERAL FUND
Vendor: 4209 - 10-8 RETROFIT INC
100-1205-7650 10-8 RETROFIT INC Vehicle 35 Lights 20343 1,052.44 Vendor 4209 - 10-8 RETROFIT INC Total: 1,052.44
Vendor: 6393 - 360 MARITAL ARTS ACADEMY INC
Instructor Fee-Karate (Spring 143 1,920.80
2024)
100-1605-7736 360 MARITAL ARTS ACADEMY …
Vendor 6393 - 360 MARITAL ARTS ACADEMY INC Total: 1,920.80 Vendor: 1388 - AIDA TORRES
100-1205-7779 AIDA TORRES DART UC Irvine Trip Lunch 6/04/2024 119.42 Vendor 1388 - AIDA TORRES Total: 119.42
Vendor: 6588 - ALBERTO R PEREZ
Fitness Center Pools Monthly 2310 1,950.00
Service 5/2024
100-1610-7652 ALBERTO R PEREZ
Vendor 6588 - ALBERTO R PEREZ Total: 1,950.00
Vendor: 5561 - ALBERTOS PLUMBING
CH Men's Restroom Flush 682003 1,180.00
Valve Replacement
100-1610-7652 ALBERTOS PLUMBING
Vendor 5561 - ALBERTOS PLUMBING Total: 1,180.00
Vendor: 6117 - ALL CITY MANAGEMENT SERVICE INC
Crossing Guard Srvcs 5/12/24 - 93869 6,992.73
5/25/24
100-1205-7782 ALL CITY MANAGEMENT SERV…
Vendor 6117 - ALL CITY MANAGEMENT SERVICE INC Total: 6,992.73 Vendor: 5505 - AQUATIC DESIGN GROUP INC
Design Svcs-FC Pool Deck 32925 89,928.00
Renovation 5/2024
100-1605-7965 AQUATIC DESIGN GROUP INC 202421-Prof Svcs-FC Pool Deck… Vendor 5505 - AQUATIC DESIGN GROUP INC Total: 89,928.00 Vendor: 4838 - BURKE, WILLIAMS & SORENSEN LLP
100-1015-7682 BURKE, WILLIAMS & SORENS… Labor Legal 5/2024 322539 4,080.00 Vendor 4838 - BURKE, WILLIAMS & SORENSEN LLP Total: 4,080.00 Vendor: 5720 - CANON SOLUTIONS AMERICA INC
Finance Mgr Printer Maint 6008110912 27.01
4/23/24 - 5/22/24
100-1825-7631 CANON SOLUTIONS AMERICA …
CMD-Permit Tech Printer 6008150801 48.90
Maint 4/27/24 - 5/26/24
100-1825-7631 CANON SOLUTIONS AMERICA …
CMD Intern/FC Printer Maint 6008175013 61.77
2/29/24 - 5/30/24
100-1825-7631 CANON SOLUTIONS AMERICA …
Vendor 5720 - CANON SOLUTIONS AMERICA INC Total: 137.68 Vendor: 6229 - CAPITAL ONE
Evander Holyfield Event 4242 65.46
Supplies
100-1010-7980 CAPITAL ONE
100-1605-7735 CAPITAL ONE TC Snack Bar Supplies 88626 158.54 Evander Holyfield Event 02067 26.66
Supplies
100-1010-7980 CAPITAL ONE
Evander Holyfield Event 47171 220.35
Supplies
100-1010-7980 CAPITAL ONE
TC Summer Kickoff BBQ 26696 223.87
Supplies
100-1605-7735 CAPITAL ONE
Vendor 6229 - CAPITAL ONE Total: 694.88
Vendor: 6357 - CARLOS FELIPE PEREZ
100-1605-7758 CARLOS FELIPE PEREZ July 3rd Fireworks Show DJ 45286 850.00 27 Council Warrant Register By Vendor Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:11:33 PM Page 2 of 12
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Summer Concerts in the Park 7/8/2024 625.00
DJ Services
100-1750 CARLOS FELIPE PEREZ
Vendor 6357 - CARLOS FELIPE PEREZ Total: 1,475.00
Vendor: 5140 - CINTAS CORPORATION #693
100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 4194770066 275.23 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 4194770066 9.31 100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 4195453270 14.15 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 4195453270 45.52 Vendor 5140 - CINTAS CORPORATION #693 Total: 344.21
Vendor: 1848 - CITY CLERKS ASSOCIATION OF CALIFORNIA
Annette Juarez Annual 300003238 250.00
Membership Dues
100-1010-7612 CITY CLERKS ASSOCIATION OF…
Vendor 1848 - CITY CLERKS ASSOCIATION OF CALIFORNIA Total: 250.00 Vendor: 0903 - CITY OF MONROVIA
Fuel-Facility Maintenance 2401816 1,042.11
4/2024
100-1610-7650 CITY OF MONROVIA
100-1410-7650 CITY OF MONROVIA Field Srvcs Fuel 4/2024 2401817 1,162.92 Fuel-Parks & Recreation 2401818 435.99
4/2024
100-1605-7650 CITY OF MONROVIA
100-1205-7650 CITY OF MONROVIA Fuel-Public Safety 4/2024 2401819 1,476.33 100-1205-7781 CITY OF MONROVIA Fuel-Sheriff's Dept 4/2024 2401820 5,165.68 Fuel-Cmty Development 2401822 147.70
4/2024
100-1405-7650 CITY OF MONROVIA
Vendor 0903 - CITY OF MONROVIA Total: 9,430.73
Vendor: 6617 - CITY OF WHITTIER
100-1010-7980 CITY OF WHITTIER Zero Bail Working Group 8020000903 1,617.81 Vendor 6617 - CITY OF WHITTIER Total: 1,617.81
Vendor: 6483 - CIVICA LAW GROUP, APC
1001 Las Lomas Code 13223 5,289.79
Enforcement Legal 5/2024
100-1015-7684 CIVICA LAW GROUP, APC
1307 Bloomdale Code 13224 1,389.88
Enforcement Legal 5/2024
100-1015-7684 CIVICA LAW GROUP, APC
2352 Rim Rd Code 13225 200.00
Enforcement Legal 5/2024
100-1015-7684 CIVICA LAW GROUP, APC
General Code Enforcement 13226 3,530.80
Legal 5/2024
100-1015-7684 CIVICA LAW GROUP, APC
Tobacco Enforcement Code 13228 1,850.00
Updates 5/2024
100-1015-7684 CIVICA LAW GROUP, APC 202419-Code Enforcement Le… 100-1015-7684 CIVICA LAW GROUP, APC LASD Citations 5/2024 13229 6,000.00 100-1015-7684 CIVICA LAW GROUP, APC LASD-Costs 5/2024 13230 32.72 Vendor 6483 - CIVICA LAW GROUP, APC Total: 18,293.19
Vendor: 6427 - CIVICPLUS LLC
Agenda Management Software 306627 19,815.00
6/5/2024 - 6/4/2025
100-1010-7685 CIVICPLUS LLC
Vendor 6427 - CIVICPLUS LLC Total: 19,815.00
Vendor: 5504 - CMC LIVESCAN & NOTARY SERVICES
100-1205-7779 CMC LIVESCAN & NOTARY SE… Livescan Services 5/2024 CMC18048 202418-FY23-26-Exp-Tutors,S… 50.00 100-1810-7660 CMC LIVESCAN & NOTARY SE… Livescan Services 5/2024 CMC18048 175.00 Vendor 5504 - CMC LIVESCAN & NOTARY SERVICES Total: 225.00 Vendor: 1202 - COASTLINE EQUIPMENT
100-1410-7650 COASTLINE EQUIPMENT Vehicle 3 Repair 1136941 4,458.80 Vendor 1202 - COASTLINE EQUIPMENT Total: 4,458.80
Vendor: 5494 - CURO MANAGED PRINT PRODUCTION
Senior Ctr A Frame Monthly 7884 18.74
Sign
100-1605-7733 CURO MANAGED PRINT PRO…
100-1205-7980 CURO MANAGED PRINT PRO… National Night Out Advertising 7913 691.25 Vendor 5494 - CURO MANAGED PRINT PRODUCTION Total: 709.99 28 Council Warrant Register By Vendor Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:11:33 PM Page 3 of 12
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 5025 - DARRELL RAY CARROLL
100-1610-7652 DARRELL RAY CARROLL Keys (Parks) 25239 136.16 Vendor 5025 - DARRELL RAY CARROLL Total: 136.16
Vendor: 5501 - DATA TICKET INC
100-1205-7761 DATA TICKET INC DUI Processing Fee 5/2024 165932 6.00 Vendor 5501 - DATA TICKET INC Total: 6.00
Vendor: 5017 - DAVID CENICEROS
Summer Concerts in the Park 7/8/2024 2,500.00
Band
100-1750 DAVID CENICEROS
Vendor 5017 - DAVID CENICEROS Total: 2,500.00
Vendor: 3838 - DELONG UNLIMITED SCREEN PRINTING
100-1605-7735 DELONG UNLIMITED SCREEN … TC 3 on 3 Basketball T-Shirts 22-10820 68.37 100-1605-7745 DELONG UNLIMITED SCREEN … TC Boxing T-Shirts 22-10850 585.43 100-1605-7735 DELONG UNLIMITED SCREEN … TC CHYLL Bags 22-10852 110.25 100-1605-7745 DELONG UNLIMITED SCREEN … TC Boxing T-Shirts 22-10998 220.50 100-1605-7745 DELONG UNLIMITED SCREEN … TC Duarte Boxing Polos 22-11019 253.58 Vendor 3838 - DELONG UNLIMITED SCREEN PRINTING Total: 1,238.13 Vendor: 0476 - DUARTE PETTY CASH/BINGO PRIZE MONEY
100-1750 DUARTE PETTY CASH/BINGO … SC Bingo Prize Money 7/2024 165.00 Vendor 0476 - DUARTE PETTY CASH/BINGO PRIZE MONEY Total: 165.00 Vendor: 3165 - DUARTE PUBLIC SAFETY PETTY CASH
100-1205-7980 DUARTE PUBLIC SAFETY PETTY…Public Safety Office Water 6102024 60.75 Vendor 3165 - DUARTE PUBLIC SAFETY PETTY CASH Total: 60.75 Vendor: 0311 - DUARTE RECREATION PETTY CASH
100-1020-7719 DUARTE RECREATION PETTY … SC Volunteer Brunch Supplies 6062024 59.50 Staff Training Starbucks Gift 6062024 10.00
Cards
100-1605-7741 DUARTE RECREATION PETTY …
100-1605-7741 DUARTE RECREATION PETTY … SCMAF Track Staff Parking 6062024 5.00 Facility Maint Staff Meeting 6062024 17.00
Donuts
100-1610-7618 DUARTE RECREATION PETTY …
Vendor 0311 - DUARTE RECREATION PETTY CASH Total: 91.50 Vendor: 0077 - DUARTE UNIFIED SCHOOL DISTRICT
SBA/Nextel Lease 5/2024 6132024 2,001.51
(R103481)
100-4408 DUARTE UNIFIED SCHOOL DIS… 250004 - Property Rent - Next… SBA/Nextel Lease 6/2024 6132024 2,001.51
(R103868)
100-4408 DUARTE UNIFIED SCHOOL DIS… 250004 - Property Rent - Next… Vendor 0077 - DUARTE UNIFIED SCHOOL DISTRICT Total: 4,003.02 Vendor: 6237 - FAST 5 HOLDING COMPANY LLC
100-1205-7650 FAST 5 HOLDING COMPANY L… Vehicle Cleaning 5/2024 7308 119.00 100-1205-7781 FAST 5 HOLDING COMPANY L… Vehicle Cleaning 5/2024 7308 70.00 100-1405-7650 FAST 5 HOLDING COMPANY L… Vehicle Cleaning 5/2024 7308 28.00 100-1410-7650 FAST 5 HOLDING COMPANY L… Vehicle Cleaning 5/2024 7308 7.00 100-1605-7650 FAST 5 HOLDING COMPANY L… Vehicle Cleaning 5/2024 7308 7.00 Vendor 6237 - FAST 5 HOLDING COMPANY LLC Total: 231.00
Vendor: 6181 - GOOGLE LLC
Gsuite accessduarte.com 4989937050 1,416.72
5/1/24 - 5/31/24
100-1815-7632 GOOGLE LLC
Vendor 6181 - GOOGLE LLC Total: 1,416.72
Vendor: 1092 - GRAINGER
100-1610-7618 GRAINGER ROP Bldg Restroom Faucets 9138797031 743.75 Vendor 1092 - GRAINGER Total: 743.75
Vendor: 6618 - GREGORY MENA
Instructor Fee-Senior Yoga 5272024 352.80
3/4/2024 - 5/23/2024
100-1605-7756 GREGORY MENA
Vendor 6618 - GREGORY MENA Total: 352.80
29 Council Warrant Register By Vendor Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:11:33 PM Page 4 of 12
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 1840 - HINDERLITER, DE LLAMAS & ASSOCIATES
100-1010-7965 HINDERLITER, DE LLAMAS & A… Cannabis Consulting 5/2024 SIN039279 3,375.00 Vendor 1840 - HINDERLITER, DE LLAMAS & ASSOCIATES Total: 3,375.00 Vendor: 6311 - JA EVENT PRODUCTION
Deposit-July 3rd 0000109 10,950.00
Stage/Sound/Lighting
100-1605-7758 JA EVENT PRODUCTION
Balance-July 3rd 0000110 10,950.00
Stage/Sound/Lighting
100-1605-7758 JA EVENT PRODUCTION
Vendor 6311 - JA EVENT PRODUCTION Total: 21,900.00
Vendor: 6620 - JANINE R TORRE
SC Independence Day 102 375.00
Celebration 7/2/2024
100-1750 JANINE R TORRE
Vendor 6620 - JANINE R TORRE Total: 375.00
Vendor: 6418 - JOE ANDREW CURIEL PERZABAL
100-1605-7730 JOE ANDREW CURIEL PERZAB… 2024 Dive In Movie 6/28/2024 24-0628 1,118.40 Vendor 6418 - JOE ANDREW CURIEL PERZABAL Total: 1,118.40 Vendor: T3851 - JOVANA VILLEGAS
Instructor Fee-Culinary Class 135835 420.00
6/10/24 - 6/12/24
100-1605-7736 JOVANA VILLEGAS
Vendor T3851 - JOVANA VILLEGAS Total: 420.00
Vendor: 6428 - KYLE KOLLER
100-1750 KYLE KOLLER Concerts in the Park Sound 7/8/2024 3,200.00 Vendor 6428 - KYLE KOLLER Total: 3,200.00
Vendor: 5761 - LIFE STORAGE #530
Building Plans Storage 234515292 472.20
6/1/2024 - 6/30/2024
100-1405-7800 LIFE STORAGE #530
Building Plans Storage 234517061 485.20
6/1/2024 - 6/30/2024
100-1405-7800 LIFE STORAGE #530
Vendor 5761 - LIFE STORAGE #530 Total: 957.40
Vendor: 5717 - LOS ANGELES UNIFIED SCHOOL DISTRICT
100-1810-7980 LOS ANGELES UNIFIED SCHOO…(2) Bilingual Testing Services 3499 180.00 Vendor 5717 - LOS ANGELES UNIFIED SCHOOL DISTRICT Total: 180.00 Vendor: 6367 - LUCIA ROMERO
Instructor Fee-Folklorio (Spring 053024 273.00
2024)
100-1605-7736 LUCIA ROMERO
Vendor 6367 - LUCIA ROMERO Total: 273.00
Vendor: 6565 - MAGELLAN ADVISORS LLC
Broadband Access Needs 0410873 24,336.88
Assessment 4/21/24-5/18/24
100-1010-7965 MAGELLAN ADVISORS LLC 202312/1010-7965-Prof. Svcs… Vendor 6565 - MAGELLAN ADVISORS LLC Total: 24,336.88
Vendor: 4434 - MARIPOSA LANDSCAPES INC
PO Pkg Lot Landscape 107966 312.00
Maintenance 5/2024
100-1020-7724 MARIPOSA LANDSCAPES INC
Duarte Wilderness Park Brush 107966 2,080.00
Clearance 5/2024
100-1410-7815 MARIPOSA LANDSCAPES INC
Greenbank Ave Brush 107966 76.00
Clearance 5/2024
100-1410-7815 MARIPOSA LANDSCAPES INC
Sports Parks (2) Landscape 107966 3,426.72
Maintenance 5/2024
100-1415-7916 MARIPOSA LANDSCAPES INC
Vendor 4434 - MARIPOSA LANDSCAPES INC Total: 5,894.72
Vendor: 4286 - MAXTREME INC
100-1815-7965 MAXTREME INC IT Helpdesk 6/2024 13740 12,500.00 Vendor 4286 - MAXTREME INC Total: 12,500.00
Vendor: T4816 - MUSHEJ BOYADJIAN
Variance HiIlside Regulations R102342 3,000.00
Refund (V24-01)
100-4904 MUSHEJ BOYADJIAN
Vendor T4816 - MUSHEJ BOYADJIAN Total: 3,000.00
30 Council Warrant Register By Vendor Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:11:33 PM Page 5 of 12
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 6280 - ONLY CREMATIONS FOR PETS
Deceased Animals Disposal 31214796 225.00
5/2024
100-1205-7780 ONLY CREMATIONS FOR PETS
Vendor 6280 - ONLY CREMATIONS FOR PETS Total: 225.00
Vendor: T4505 - PAMELA COLEMAN
TC Rent Deposit Refund R103781 300.00
6/8/2024
100-2120 PAMELA COLEMAN
Vendor T4505 - PAMELA COLEMAN Total: 300.00
Vendor: 5403 - PRONTO GYM SERVICES INC
FC Gym Equipment 24991 490.00
Service/Repair
100-1610-7652 PRONTO GYM SERVICES INC
Vendor 5403 - PRONTO GYM SERVICES INC Total: 490.00
Vendor: 6032 - PYRO SPECTACULARS INC
Balance-July 3rd 2024 401 13,750.00
Fireworks Show
100-1605-7758 PYRO SPECTACULARS INC
Vendor 6032 - PYRO SPECTACULARS INC Total: 13,750.00
Vendor: 6372 - R3 CONSULTING GROUP
SB1383 Implementation 123427 3,422.50
Consulting
100-1825-7687 R3 CONSULTING GROUP
Vendor 6372 - R3 CONSULTING GROUP Total: 3,422.50
Vendor: 0904 - RKA CONSULTING GROUP
100-1405-7969 RKA CONSULTING GROUP Engineering Consulting 4/2024 34789 320.00 100-1405-7969 RKA CONSULTING GROUP Engineering Plan Check 4/2024 34790 760.00 100-1405-7969 RKA CONSULTING GROUP Contract City Engineer 4/2024 34791 1,160.00 ATP Cycle 4 Ped/Bike Access 34792 1,685.00
Improvements 4/2024
100-1405-7965 RKA CONSULTING GROUP 202118-ATP Cycle 4-Professio… Duarte/Highland Striping 34793 80.00
Improvements 4/2024
100-1405-7969 RKA CONSULTING GROUP
FY24 LLD Engineering Srvcs 34794 1,160.00
4/2024
100-1405-7969 RKA CONSULTING GROUP
Royal Oaks Stop Sign Warrant 34796 687.50
Analysis 4/2024
100-1405-7969 RKA CONSULTING GROUP
Vendor 0904 - RKA CONSULTING GROUP Total: 5,852.50
Vendor: 6293 - RODOLFO CARDENAS
100-1605-7733 RODOLFO CARDENAS Monthly Dance DJ 6/27/2024 175.00 Vendor 6293 - RODOLFO CARDENAS Total: 175.00
Vendor: 6605 - RUSH TRUCK CENTERS OF CALIFORNIA INC
100-1410-7650 RUSH TRUCK CENTERS OF CAL…Aerial Lift Truck Repair 3037421330 3,882.32 Vendor 6605 - RUSH TRUCK CENTERS OF CALIFORNIA INC Total: 3,882.32 Vendor: 6088 - SAN GABRIEL VALLEY HUMANE SOCIETY
100-1205-7780 SAN GABRIEL VALLEY HUMAN… Animal Shelter Srvcs 6/2024 6/2024D 5,833.33 Vendor 6088 - SAN GABRIEL VALLEY HUMANE SOCIETY Total: 5,833.33 Vendor: 6619 - SANDRA MARRUJO
Independence Day Celebration 7/3/2024 2,700.00
Band
100-1605-7758 SANDRA MARRUJO
Vendor 6619 - SANDRA MARRUJO Total: 2,700.00
Vendor: T4817 - SARAH GARCIA
ROP Bldg Rent Deposit Refund R103851 150.00
6/8/2024
100-2120 SARAH GARCIA
Vendor T4817 - SARAH GARCIA Total: 150.00
Vendor: 0282 - SCMAF-SAN GABRIEL VALLEY
Track Meet & Championship TF24DUARTE 1,712.00
Fees
100-2121 SCMAF-SAN GABRIEL VALLEY
Vendor 0282 - SCMAF-SAN GABRIEL VALLEY Total: 1,712.00
Vendor: 6277 - SECTRAN SECURITY INC
100-1805-7965 SECTRAN SECURITY INC June 2024 Courier Pick-up 24060654 343.76 Vendor 6277 - SECTRAN SECURITY INC Total: 343.76
31 Council Warrant Register By Vendor Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:11:33 PM Page 6 of 12
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 0202 - SHAFFER AWARDS
100-1605-7745 SHAFFER AWARDS TC Golf Tournament Awards 8123 334.28 Vendor 0202 - SHAFFER AWARDS Total: 334.28
Vendor: 6401 - SIGNAL HILL AUTO ENTERPRISES
100-1610-7618 SIGNAL HILL AUTO ENTERPRIS… Building Maintenance Supplies 063203 1,205.07 Vendor 6401 - SIGNAL HILL AUTO ENTERPRISES Total: 1,205.07 Vendor: 0209 - SMART & FINAL
100-1605-7740 SMART & FINAL Summer Day Camps Workshop 710111 83.19 100-1010-7980 SMART & FINAL Youth @ Work Ice Crea… 408922 15.49 100-1605-7980 SMART & FINAL Youth @ Work Ice Crea… 408922 15.49 100-1610-7618 SMART & FINAL Senior Ctr Coffee Supplies 517622 259.51 Senior Ctr Monthly Dance 925722 62.96
Refreshments
100-1605-7733 SMART & FINAL
TC Boxing Golf Tournament 658155 89.98
Supplies
100-1605-7745 SMART & FINAL
100-1605-7736 SMART & FINAL Instructor Recital Gift Cards 975499 40.00 100-1605-7733 SMART & FINAL SC Staff Recognition 070844 89.58 100-1605-7735 SMART & FINAL TC Snack Bar Supplies 752333 40.18 Vendor 0209 - SMART & FINAL Total: 696.38
Vendor: 0220 - SOUTHERN CALIFORNIA NEWS GROUP
100-1010-7670 SOUTHERN CALIFORNIA NEWS…Legal Advertising 5/2024 590355 1,681.91 Vendor 0220 - SOUTHERN CALIFORNIA NEWS GROUP Total: 1,681.91 Vendor: 2688 - STAPLES ADVANTAGE
100-1010-7614 STAPLES ADVANTAGE Certificate Holders/Pens 6002785664 100.99 100-1605-7733 STAPLES ADVANTAGE SC Copier Paper 6003347340 113.54 Vendor 2688 - STAPLES ADVANTAGE Total: 214.53
Vendor: 1610 - SUNWEST ENGINEERING
Emergency Generator Annual SA-44068 635.00
Monitoring Certificate
100-1410-7656 SUNWEST ENGINEERING
Emergency Generator SA-44175 160.00
Inspection 5/2/2024
100-1410-7656 SUNWEST ENGINEERING
Emergency Generator SA-44176 160.00
Inspection 5/29/2024
100-1410-7656 SUNWEST ENGINEERING
Vendor 1610 - SUNWEST ENGINEERING Total: 955.00
Vendor: 3661 - SUPERIOR CT OF CAL CO OF LOS ANGELES
100-1205-7761 SUPERIOR CT OF CAL CO OF L… Citation Revenue Tax 5/2024 6112024 5,187.60 Vendor 3661 - SUPERIOR CT OF CAL CO OF LOS ANGELES Total: 5,187.60 Vendor: 5351 - SUPERIOR PRESS
100-1805-7653 SUPERIOR PRESS A/P Account Deposit Slips 4848718 105.69 Vendor 5351 - SUPERIOR PRESS Total: 105.69
Vendor: T4819 - SUSANA RAMIREZ
SC Rent Deposit Refund R103876 500.00
6/8/2024
100-2120 SUSANA RAMIREZ
Vendor T4819 - SUSANA RAMIREZ Total: 500.00
Vendor: 4454 - SWANK MOTION PICTURES INC
100-1605-7730 SWANK MOTION PICTURES INC 2024 Dive In Movie 6/28/24 BO 2249321 415.00 Vendor 4454 - SWANK MOTION PICTURES INC Total: 415.00
Vendor: T4730 - TESLA ENERGY OPERATIONS INC
Solar Permit Refund (1906 Pmt#2024-024 200.00
Delford Ave)
100-4201 TESLA ENERGY OPERATIONS I…
Solar Permit Refund (1906 Pmt#2024-024 250.00
Delford Ave)
100-4901 TESLA ENERGY OPERATIONS I…
Vendor T4730 - TESLA ENERGY OPERATIONS INC Total: 450.00 Vendor: 4241 - THE SAUCE CREATIVE SERVICES CORP
100-1010-7980 THE SAUCE CREATIVE SERVICE…Charity Bowl Event 6/6/2024 6931 104.60 100-2121 THE SAUCE CREATIVE SERVICE…Charity Bowl Event 6/6/2024 6931 160.00 Vendor 4241 - THE SAUCE CREATIVE SERVICES CORP Total: 264.60 32 Council Warrant Register By Vendor Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:11:33 PM Page 7 of 12
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 5029 - THE TECHNOLOGY DEPOT INC
Ruckus Network Project- 25765-2/3 20,044.00
Installment 2 & 3
100-1815-7630 THE TECHNOLOGY DEPOT INC
Vendor 5029 - THE TECHNOLOGY DEPOT INC Total: 20,044.00 Vendor: 5581 - THOMSON REUTERS-WEST PUBLISHING CORP
100-1205-7655 THOMSON REUTERS-WEST P… EOC Software 5/2024 850262609 215.61 Vendor 5581 - THOMSON REUTERS-WEST PUBLISHING CORP Total: 215.61 Vendor: 5194 - U.S. BANK PARS ACCOUNT #6746050100
100-1825-7674 U.S. BANK PARS ACCOUNT #6… FY24 Add'l OPEB Contribution 6/06/2024 249,000.00 Vendor 5194 - U.S. BANK PARS ACCOUNT #6746050100 Total: 249,000.00 Vendor: 6586 - UNIFORM HEADQUARTERS
100-1205-7636 UNIFORM HEADQUARTERS CSO Almaguer Uniforms 070273 464.15 100-1205-7636 UNIFORM HEADQUARTERS PCO Spicer Uniforms 070302 492.49 Vendor 6586 - UNIFORM HEADQUARTERS Total: 956.64
Vendor: 6113 - WARDS SERVICE
100-1610-7650 WARDS SERVICE Vehicle 21 Service & Repair 95312 733.87 Vendor 6113 - WARDS SERVICE Total: 733.87
Vendor: 5992 - WESTERN EXTERMINATOR COMPANY
Pest/Rodent/Mosquito Control 405625C 793.76
Srvcs 5/2024
100-1610-7652 WESTERN EXTERMINATOR C…
Vendor 5992 - WESTERN EXTERMINATOR COMPANY Total: 793.76 Vendor: T4818 - ZHONGWEI LI
Karate-Ninja Warrior Refund 2001870.002 48.00
(Nelson Li)
100-4801 ZHONGWEI LI
Vendor T4818 - ZHONGWEI LI Total: 48.00
Fund 100 - GENERAL FUND Total: 575,789.26
Fund: 220 - GAS TAX FUN
Vendor: 3957 - JCL TRAFFIC SERVICES
220-2210-7813 JCL TRAFFIC SERVICES Regulatory Signs & Restock 124437 1,113.64 Vendor 3957 - JCL TRAFFIC SERVICES Total: 1,113.64
Vendor: 5312 - PACIFIC PRODUCTS & SERVICES LLC
220-2210-7813 PACIFIC PRODUCTS & SERVICE…Sign Posts/Anchors/Rivets 33932 11,776.73 Vendor 5312 - PACIFIC PRODUCTS & SERVICES LLC Total: 11,776.73 Vendor: 0904 - RKA CONSULTING GROUP
Huntington Dr Survey & Utility 34795 240.00
Research 4/2024
220-2225-7965 RKA CONSULTING GROUP
Vendor 0904 - RKA CONSULTING GROUP Total: 240.00
Vendor: 6602 - SITE DESIGN STUDIO INC
Highland Ave Promenade 24-06001R 156.09
Landscape Design
220-2205-8100 SITE DESIGN STUDIO INC 202106-2205-8100-Highland P… Vendor 6602 - SITE DESIGN STUDIO INC Total: 156.09
Vendor: 5887 - WGJ ENTERPRISES INC
220-2210-7812 WGJ ENTERPRISES INC Meridian Street Striping 12026C-01 3,885.00 Vendor 5887 - WGJ ENTERPRISES INC Total: 3,885.00
Fund 220 - GAS TAX FUN Total: 17,171.46
Fund: 225 - SB-1, Road Maintenance/Rehab Fund
Vendor: 4434 - MARIPOSA LANDSCAPES INC
FY24 Street Rehabilitation 108071 1,095.75
Landscaping
225-2250-8100 MARIPOSA LANDSCAPES INC 202407/225-2250-8100-Other… Vendor 4434 - MARIPOSA LANDSCAPES INC Total: 1,095.75
Fund 225 - SB-1, Road Maintenance/Rehab Fund Total: 1,095.75 33 Council Warrant Register By Vendor Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:11:33 PM Page 8 of 12
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Fund: 240 - LIGHTING AND LANDSCAPE DISTRICT FUND
Vendor: 1997 - COUNTY OF LOS ANGELES AGRIC COMMR/WTS & MEASURES Gopher Control-Medians 241598 335.02
3/2024
240-2410-7663 COUNTY OF LOS ANGELES AGR…
Vendor 1997 - COUNTY OF LOS ANGELES AGRIC COMMR/WTS & MEASURES Total: 335.02 Vendor: 3968 - LANDSCAPE WAREHOUSE III
Irrigation Parts-Duarte Rd 4197878 38.90
Median
240-2410-7891 LANDSCAPE WAREHOUSE III
Vendor 3968 - LANDSCAPE WAREHOUSE III Total: 38.90
Vendor: 4434 - MARIPOSA LANDSCAPES INC
Parks (14) Landscape 107966 15,723.51
Maintenance 5/2024
240-2410-7915 MARIPOSA LANDSCAPES INC
City Facilities (4) Landscape 107966 2,733.32
Maintenance 5/2024
240-2410-7915 MARIPOSA LANDSCAPES INC
Misc Locations (8) Landscape 107966 1,509.99
Maintenance 5/2024
240-2410-7915 MARIPOSA LANDSCAPES INC
Medians/Pkwys (19) Landscape 107966 8,312.45
Maintenance 5/2024
240-2410-7917 MARIPOSA LANDSCAPES INC
Tree Wells (12) Landscape 107966 459.54
Maintenance 5/2024
240-2410-7917 MARIPOSA LANDSCAPES INC
Landscape Maintenance 107966 491.67
5/2024
240-2420-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 107966 1,416.67
5/2024
240-2421-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 107966 693.80
5/2024
240-2422-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 107966 1,125.00
5/2024
240-2423-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 107966 775.01
5/2024
240-2424-7914 MARIPOSA LANDSCAPES INC
Hearthstone Brush Clearance 107966 1,166.67
5/2024
240-2425-7913 MARIPOSA LANDSCAPES INC
Landscape Maintenance 107966 416.67
5/2024
240-2425-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 107966 333.33
5/2024
240-2426-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 107966 891.67
5/2024
240-2427-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 107966 891.67
5/2024
240-2431-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 107966 1,175.00
5/2024
240-2432-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 107966 750.00
5/2024
240-2433-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 107966 500.00
5/2024
240-2434-7914 MARIPOSA LANDSCAPES INC
Landscape Maintenance 107966 750.00
5/2024
240-2435-7914 MARIPOSA LANDSCAPES INC
Ridgecrest Brush Clearance 107966 708.33
5/2024
240-2435-7918 MARIPOSA LANDSCAPES INC
Vendor 4434 - MARIPOSA LANDSCAPES INC Total: 40,824.30
Vendor: 4142 - RUDY'S PLUMBING INC
Backflow Testing-Hearthstone 10692 135.00
LLD
240-2425-7887 RUDY'S PLUMBING INC
Backflow Testing/Repair-Glenn 10720 708.93
Miller Park
240-2410-7888 RUDY'S PLUMBING INC
Backflow Testing/Repair- 10721 708.93
Encanto Parkway
240-2410-7888 RUDY'S PLUMBING INC
Backflow Testing/Repair-Senior 10723 460.26
Ctr Irrigation
240-2410-7888 RUDY'S PLUMBING INC
Backflow Testing/Repair- 10724 353.40
Thorsen Park
240-2410-7888 RUDY'S PLUMBING INC
34 Council Warrant Register By Vendor Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:11:33 PM Page 9 of 12
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Backflow Testing-Citrus Villas 10862 135.00
LLD
240-2434-7887 RUDY'S PLUMBING INC
Backflow Testing-Central Ave 10863 135.00
Median
240-2410-7663 RUDY'S PLUMBING INC
Backflow Testing-Royal Oaks Dr 10864 135.00
Easement
240-2410-7662 RUDY'S PLUMBING INC
Backflow Testing-Highland Ave 10865 135.00
Tree Wells
240-2410-7662 RUDY'S PLUMBING INC
Backflow Testing-Beardslee 10866 135.00
Park
240-2410-7662 RUDY'S PLUMBING INC
Backflow Testing-Mountain 10867 135.00
Ave Median
240-2410-7663 RUDY'S PLUMBING INC
Vendor 4142 - RUDY'S PLUMBING INC Total: 3,176.52
Vendor: 1521 - WEST COAST ARBORISTS INC
240-2410-7906 WEST COAST ARBORISTS INC Citywide Tree Trimming 215357 18,523.60 240-2410-7909 WEST COAST ARBORISTS INC Citywide Tree Trimming 215357 32,735.40 Vendor 1521 - WEST COAST ARBORISTS INC Total: 51,259.00 Fund 240 - LIGHTING AND LANDSCAPE DISTRICT FUND Total: 95,633.74 Fund: 440 - PROPOSITION A TRANSIT FUND
Vendor: 2688 - STAPLES ADVANTAGE
440-4405-7621 STAPLES ADVANTAGE Transportation Dept Chair 6003347338 198.44 Transportaton Dept Chair 6003347342 7.65
Delivery Fee
440-4405-7621 STAPLES ADVANTAGE
Vendor 2688 - STAPLES ADVANTAGE Total: 206.09
Fund 440 - PROPOSITION A TRANSIT FUND Total: 206.09
Fund: 460 - PROPOSITION C TRANSIT FUND
Vendor: 1491 - AUTOZONE
460-4605-7650 AUTOZONE Vehicle 26 Parts 2814341299 40.77 460-4605-7650 AUTOZONE Yard Supplies 2814341300 28.33
Vendor 1491 - AUTOZONE Total: 69.10
Vendor: 0903 - CITY OF MONROVIA
Fuel-Transportation Dept 2401821 308.97
4/2024
460-4605-7650 CITY OF MONROVIA
Vendor 0903 - CITY OF MONROVIA Total: 308.97
Vendor: 6237 - FAST 5 HOLDING COMPANY LLC
460-4605-7650 FAST 5 HOLDING COMPANY L… Vehicle Cleaning 5/2024 7308 35.00 Vendor 6237 - FAST 5 HOLDING COMPANY LLC Total: 35.00
Vendor: 2688 - STAPLES ADVANTAGE
460-4605-7621 STAPLES ADVANTAGE Transportation Dept Chair 6003347338 132.30 Transportaton Dept Chair 6003347342 5.10
Delivery Fee
460-4605-7621 STAPLES ADVANTAGE
Vendor 2688 - STAPLES ADVANTAGE Total: 137.40
Fund 460 - PROPOSITION C TRANSIT FUND Total: 550.47
Grand Total: 690,446.77
35 Council Warrant Register By Vendor Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:11:33 PM Page 10 of 12
Report Summary
Fund Summary
Fund Payment Amount
100 - GENERAL FUND 575,789.26
220 - GAS TAX FUN 17,171.46
225 - SB-1, Road Maintenance/Rehab Fund 1,095.75
240 - LIGHTING AND LANDSCAPE DISTRICT FUND 95,633.74
440 - PROPOSITION A TRANSIT FUND 206.09
460 - PROPOSITION C TRANSIT FUND 550.47
Grand Total: 690,446.77
Account Summary
Account Number Account Name Payment Amount
100-1010-7612 Publications and Dues 250.00
100-1010-7614 Office Supplies 100.99
100-1010-7670 Legal Notices 1,681.91
100-1010-7685 Technology Services 19,815.00
100-1010-7965 Professional Services 27,711.88
100-1010-7980 Other Expenses 2,050.37
100-1015-7682 Labor Counsel Legal 4,080.00
100-1015-7684 Code Enforcement Legal 18,293.19
100-1020-7719 Volunteer Recognition 59.50
100-1020-7724 Post Office Parking 312.00
100-1205-7636 Uniforms 956.64
100-1205-7650 Vehicle Maintenance 2,647.77
100-1205-7655 Emergency Services 215.61
100-1205-7761 Parking Ticket Collect 5,193.60
100-1205-7779 Youth Programs 169.42
100-1205-7780 Animal Control 6,058.33
100-1205-7781 Contract Law Enforceme… 5,235.68
100-1205-7782 Crossing Guard Contract… 6,992.73
100-1205-7980 Other Expenses 752.00
100-1405-7650 Vehicle Maintenance 175.70
100-1405-7800 Building Department Ser… 957.40
100-1405-7965 Professional Services 1,685.00
100-1405-7969 City Engineer 4,167.50
100-1410-7650 Vehicle Maintenance 9,511.04
100-1410-7656 Emergency Generator 955.00
100-1410-7815 Brush Clearance 2,156.00
100-1415-7916 Landscape-Sport Park 3,426.72
100-1605-7650 Vehicle Maintenance 442.99
100-1605-7730 Special Events 1,533.40
100-1605-7733 Senior Center 459.82
100-1605-7735 Teen Center 601.21
100-1605-7736 Youth & Adult Recreatio… 2,653.80
100-1605-7740 Day Camps 83.19
100-1605-7741 Sports/Playground Progr… 15.00
100-1605-7745 Boxing Program 1,483.77
100-1605-7756 Senior Recreation Classes 352.80
100-1605-7758 Independence Day Celeb… 39,200.00
100-1605-7965 Professional Services 89,928.00
100-1605-7980 Other Expenses 15.49
100-1610-7618 Building Supplies 2,225.33
100-1610-7636 Uniforms 289.38
100-1610-7650 Vehicle Maintenance 1,775.98
100-1610-7652 Building Maint Services 4,604.75
100-1750 Prepaid Charges 6,865.00
100-1805-7653 Bank Charges 105.69
100-1805-7965 Professional Services 343.76
100-1810-7660 Other Services 175.00
36 Council Warrant Register By Vendor Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:11:33 PM Page 11 of 12
Account Summary
Account Number Account Name Payment Amount
100-1810-7980 Other Expenses 180.00
100-1815-7630 Equipment Lease 20,044.00
100-1815-7632 Software 1,416.72
100-1815-7965 Professional Services 12,500.00
100-1825-7631 Equipment Maintenance 137.68
100-1825-7674 Retiree Health Insurance 249,000.00
100-1825-7687 Waste Mgmt Services 3,422.50
100-2120 Refundable Deposits 950.00
100-2121 Pass Through Deposits 1,872.00
100-4201 Building Permits 200.00
100-4408 Property Rental 4,003.02
100-4801 Youth & Adult Recreatio… 48.00
100-4901 Plan Check Fees 250.00
100-4904 Zoning Fees 3,000.00
220-2205-8100 Other Capital Improvem… 156.09
220-2210-7812 Street Striping & Marking 3,885.00
220-2210-7813 Regulatory Signs 12,890.37
220-2225-7965 Professional Services 240.00
225-2250-8100 Other Capital Improvem… 1,095.75
240-2410-7662 Other Serv-Citywide 405.00
240-2410-7663 Other Serv-Medians 605.02
240-2410-7888 Repairs-Citywide 2,231.52
240-2410-7891 Repairs-Medians 38.90
240-2410-7906 Tree Trim-Citywide 18,523.60
240-2410-7909 Tree Trim-Residential 32,735.40
240-2410-7915 Landscape-Citywide 19,966.82
240-2410-7917 Landscape-Medians 8,771.99
240-2420-7914 Landscape Maintenance 491.67
240-2421-7914 Landscape Maintenance 1,416.67
240-2422-7914 Landscape Maintenance 693.80
240-2423-7914 Landscape Maintenance 1,125.00
240-2424-7914 Landscape Maintenance 775.01
240-2425-7887 Repairs & Replacements 135.00
240-2425-7913 Brush Clearance 1,166.67
240-2425-7914 Landscape Maintenance 416.67
240-2426-7914 Landscape Maintenance 333.33
240-2427-7914 Landscape Maintenance 891.67
240-2431-7914 Landscape Maintenance 891.67
240-2432-7914 Landscape Maintenance 1,175.00
240-2433-7914 Landscape Maintenance 750.00
240-2434-7887 Repairs & Replacements 135.00
240-2434-7914 Landscape Maintenance 500.00
240-2435-7914 Landscape Maintenance 750.00
240-2435-7918 Fuel Modification 708.33
440-4405-7621 Other Supplies 206.09
460-4605-7621 Other Supplies 137.40
460-4605-7650 Vehicle Maintenance 413.07
Grand Total: 690,446.77
Project Account Summary
Project Account Key Payment Amount
**None** 567,342.03
202106-2205-8100-Highland Promenade Measure M 156.09
202118-ATP Cycle 4-Professional Svcs 1,685.00
202312/1010-7965-Prof. Svcs-Broadband Assessment 24,336.88 202407/225-2250-8100-Other Cap-FY24 St Rehab 1,095.75
202418-FY23-26-Exp-Tutors,Student Engage,Live Scan 50.00 202419-Code Enforcement Legal-Tobacco Grant 1,850.00
37 Council Warrant Register By Vendor Payment Dates: 6/13/2024 - 6/26/2024 6/19/2024 12:11:33 PM Page 12 of 12
Project Account Summary
Project Account Key Payment Amount
202421-Prof Svcs-FC Pool Deck Renovation 89,928.00
250004 - Property Rent - Nextel Rent (Otis Gordon) 4,003.02 Grand Total: 690,446.77
38 ITEM: 12.E
Receive and File the Monthly Financial Update for April Recommended Action:

Receive and File the Monthly Financial Update.

Attachments:

12.E - Monthly Financial Report for April 2024_(FY2023-24).pdf 39 City of
Duarte

MONTHLY FINANCIAL REPORT
Month Ended April 30, 2024
(83.3% of FY 2023-24 Completed)
Contents Page #
Treasury Report
Monthly Activity and Balances
Cash Balance by Fund
Budget-to-Actual Report
General Fund Revenue Dashboard
General Fund Expenditure Dashboard
Revenue, Expenditures, Transfers and Surplus/Deficit by Fund Components of Fund Balance in the General Fund 13
7-11
12 2
3 4-6
40 Monthly Financial Report

CITY OF DUARTE
Treasury Report - Monthly Activity & Balances
Month Ended April 30, 2024

MONTHLY ACTIVITY
Bank* LAIF* Total
Beginning Balance (4/01/2024) $4,077,472 $40,425,697 $44,503,170 Cash Inflows
Receipts $3,630,443 $420,052 $4,050,494
Transfers In $0 $0 $0
Total Cash Inflows $3,630,443 $420,052 $4,050,494
Cash Outflows
Disbursements $2,175,967 $0 $2,175,967
Transfers Out $0 $0 $0
Total Cash Outflows $2,175,967 $0 $2,175,967
Net Activity $1,454,475 $420,052 $1,874,527
Ending Balance (4/30/2024) $5,531,948 $40,845,749 $46,377,697 *The "Bank" balance refers to the balance in the City's primary checking account. The "LAIF" balance refers to the City's investment balance with the Local Agency Investment Fund, which is part of the State of California's Pooled Money Investment Account and administered by the California State Treasurer. 46,377,697
4,050,494
2,175,967 $0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
$45,000,000
$50,000,000
Apr-23
May-23
Jun-23
Jul-23
Aug-23
Sep-23Oct-23
Nov-23Dec-23
Jan-24
Feb-24
Mar-24
Apr-24
Total Cash and Investments Monthly Cash Inflows Monthly Cash Outflows 41 Monthly Financial Report

CITY OF DUARTE
Treasury Report - Cash Balance by Fund
Month Ended April 30, 2024
*Source: City of Duarte general ledger. Note that the total cash balance as shown in the City's general ledger is not equal to the combined ending "Bank" and "LAIF" balances shown on the previous page. Because certain transactions are reflected at different times in the general ledger as compared to the City's bank account, the combined "Bank" and "LAIF" balances will rarely equal precisely the City's general ledger cash balance. The City performs a monthly "bank reconciliation" to reconcile these balances. **Funds with zero or negative cash balances are not shown above. Those with negative balances are offset against the General Fund cash balance.

0.3%, $43,387

0.4%, $53,005

0.4%, $61,170

0.5%, $70,019

1.0%, $146,404

2.5%, $355,661

3.0%, $429,819

3.1%, $447,711

3.8%, $547,136

5.8%, $846,476

8.0%, $1,153,790

8.5%, $1,234,103

9.8%, $1,420,215

14.3%, $2,070,132

16.1%, $2,331,578

22.6%, $3,264,234
, $31,865,842
$0 $10,000,000 $20,000,000 $30,000,000
Lndsc/Lghtng (240)
PAEG (270)
SLEF (290)
Quimby (420)
AQMD (320)
Com Imprvmt (620)
Prop C (460)
Mea W (490)
Inclu Hsng (610)
Mea R (470)
Prop A (440)
SB1/RMRA (225)
Mea M (475)
Housing Auth (680)
Gas Tax (220)
Fmr RDA LMI Hsg (681)
General (100)
Cash Balance by Fund (total is $46.3 million*): % of Total & $ Amount 42 Monthly Financial Report

CITY OF DUARTE
General Fund Revenue by Category & Major Sources
FY 2023-24 Year-to-Date Through April versus Prior Year Last Year This Year
$ YTD thru April $18,167,125 $17,570,479
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
$20,000,000
Total GF Revenue
Last Year This Year
$ YTD thru April $11,030,201 $11,496,369
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
Taxes
Last Year This Year
$ YTD thru April $869,420 $994,180
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
Licenses & Permits
Last Year This Year
$ YTD thru April $390,647 $490,999
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
Fines & Forfeitures
Last Year This Year
$ YTD thru April $713,700 $1,660,153
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
Use of Money and Property
Last Year This Year
$ YTD thru April $4,279,857 $1,691,263
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
Intergovernmental
43 Monthly Financial Report

CITY OF DUARTE
General Fund Revenue by Category & Major Sources
FY 2023-24 Year-to-Date Through April versus Prior Year Last Year This Year
$ YTD thru April $236,795 $237,607
$0
$50,000
$100,000
$150,000
$200,000
$250,000
Recreation Fees
Last Year This Year
$ YTD thru April $389,339 $724,628
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
Other Service Charges
Last Year This Year
$ YTD thru April $222,977 $275,280
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
Miscellaneous
Last Year This Year
$ YTD thru April $34,188 $0
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
Reimbursements
Last Year This Year
$ YTD thru April $3,759,062 $3,738,127
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
Sales and Use Tax
Last Year This Year
$ YTD thru April $2,606,049 $2,823,434
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
Transactions (New Sales) Tax
44 Monthly Financial Report

CITY OF DUARTE
General Fund Revenue by Category & Major Sources
FY 2023-24 Year-to-Date Through April versus Prior Year Last Year This Year
$ YTD thru April $2,656,350 $2,838,826
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
Property Tax
Last Year This Year
$ YTD thru April $1,186,183 $1,262,875
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
Franchise Tax
Last Year This Year
$ YTD thru April $614,416 $786,796
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
Building Permits
Last Year This Year
$ YTD thru April $245,449 $561,397
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
Plan Check Fees
Last Year This Year
$ YTD thru April $307,861 $311,646
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
Business License
Last Year This Year
$ YTD thru April $453,912 $455,684
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
Transient Occupancy Tax
45 Monthly Financial Report

CITY OF DUARTE
General Fund Expenditures by Category & Division
FY 2023-24 Year-to-Date Through April versus Prior Year Last Year This Year
$ YTD thru April $16,396,356 $16,485,697
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
Total GF Expenditures
Last Year This Year
$ YTD thru April $4,244,003 $4,184,380
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
Personnel-Salaries
Last Year This Year
$ YTD thru April $2,690,829 $2,733,018
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
Personnel-Nonsalary
Last Year This Year
$ YTD thru April $3,602,702 $3,881,384
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
Sherriff Contract
Last Year This Year
$ YTD thru April $244,134 $372,507
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
Building Dept Services
Last Year This Year
$ YTD thru April $315,209 $341,516
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
Legal Services
46 Monthly Financial Report

CITY OF DUARTE
General Fund Expenditures by Category & Division
FY 2023-24 Year-to-Date Through April versus Prior Year Last Year This Year
$ YTD thru April $1,314,955 $756,462
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
Capital Expenses
Last Year This Year
$ YTD thru April $0 $224,019
$0
$50,000
$100,000
$150,000
$200,000
$250,000
Transfers Out
Last Year This Year
$ YTD thru April $137,455 $154,807
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
$180,000
City Council
Last Year This Year
$ YTD thru April $759,548 $818,006
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
City Manager/City Clerk
Last Year This Year
$ YTD thru April $580,791 $660,473
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
Insurance Coverage
Last Year This Year
$ YTD thru April $3,403,732 $3,331,938
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
Other Operating Expenses
47 Monthly Financial Report

CITY OF DUARTE
General Fund Expenditures by Category & Division
FY 2023-24 Year-to-Date Through April versus Prior Year Last Year This Year
$ YTD thru April $315,209 $341,516
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
Legal Services
Last Year This Year
$ YTD thru April $425,996 $348,914
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
Community Promotions
Last Year This Year
$ YTD thru April $43,930 $43,074
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
$45,000
$50,000
Memberships
Last Year This Year
$ YTD thru April $5,216,309 $5,430,771
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
Public Safety
Last Year This Year
$ YTD thru April $2,332,424 $1,710,018
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
Community Development
Last Year This Year
$ YTD thru April $769,504 $760,230
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
Field Services
48 Monthly Financial Report

CITY OF DUARTE
General Fund Expenditures by Category & Division
FY 2023-24 Year-to-Date Through April versus Prior Year Last Year This Year
$ YTD thru April $107,534 $84,328
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
Sports Park
Last
Year
This
Year
$ YTD thru April $1,482,764 $1,676,055
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
Parks & Recreation
Last Year This Year
$ YTD thru April $747,613 $794,595
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
Finance
Last Year This Year
$ YTD thru April $115,354 $105,049
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
Personnel
Last Year This Year
$ YTD thru April $1,098,268 $1,101,402
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
Facilities Maintenance
Last Year This Year
$ YTD thru April $412,303 $422,278
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
Information Technology
49 Monthly Financial Report

CITY OF DUARTE
General Fund Expenditures by Category & Division
FY 2023-24 Year-to-Date Through April versus Prior Year Last Year This Year
$ YTD thru April $605,656 $677,689
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
Risk Management
Last Year This Year
$ YTD thru April $67,529 $97,587
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
Vehicle Replacement
50 Monthly Financial Report

CITY OF DUARTE
Total Revenue, Expenditures, Transfers, and Year-to-Date Surplus/(Deficit) by Fund FY 2023-24 Year-to-Date Through April
Fund # Fund Name
Beginning Fund
Balance Revenue Transfers In Expenditures Transfers Out Surplus /
(Deficit)
Ending Fund
Balance
100 General 31,805,212 17,570,479 0 16,261,678 224,019 1,084,781 32,889,993 220 Gas Tax 2,149,582 504,936 0 356,728 0 148,208 2,297,790 225 SB1/RMRA 842,668 397,436 0 51,440 0 345,996 1,188,664 240 Lghtng & Lndscpng 67,652 869,866 0 1,000,816 0 (130,950) (63,298) 260 CDBG 0 3,890 0 109,726 0 (105,836) (105,836)
270 PAEG 41,268 15,085 0 3,348 0 11,737 53,005
290 Supp Law Enfrcmnt 0 187,030 0 141,062 0 45,967 45,967 300 Bike & Ped Safety 0 0 0 22,800 0 (22,800) (22,800)
320 Air Quality (AQMD) 150,835 17,498 3,182 25,110 0 (4,431) 146,404 400 Park Development (18,808) 29,944 0 90,630 0 (60,686) (79,494) 420 Quimby 68,861 1,157 0 0 0 1,157 70,019
440 Prop A 948,893 500,923 0 316,884 0 184,039 1,132,932 460 Prop C 260,957 406,764 0 255,340 0 151,424 412,381
470 Mea R 652,248 307,158 0 112,929 0 194,228 846,476
475 Mea M 1,081,960 352,855 0 15,910 0 336,945 1,418,905 490 Mea W 342,985 258,385 0 153,659 0 104,726 447,711
520 Town Cntr Debt Serv 0 0 0 0 0 0 0
521 Infra Mod Debt Srv 0 0 220,837 220,837 0 0 0
610 Inclusionary Hsng 538,092 9,044 0 0 0 9,044 547,136 620 Community Impr 811,851 24,314 0 1,658,146 0 (1,633,832) (821,981) 625 STPL 0 0 0 0 0 0 0
680 Housing Auth 2,042,652 34,276 0 17,443 0 16,832 2,059,484 681 Fmr RDA L/M Hsg 4,100,079 54,028 0 8,120 0 45,908 4,145,987 Total - All Funds 45,886,986 21,545,065 224,019 20,822,606 224,019 722,459 46,609,445 51 ITEM: 12.F
Receive and File the Public Safety Department Update
Recommended Action:

Receive and File the Public Safety Department Update.

Attachments:

12.F - Public Safety Department June 2024.pdf
52 PUBLIC SAFETY

STATUS REPORT
June 2024

PROJECT/PROGRAM STATUS
L.A. COUNTY SHERIFF’S DEPARTMENT

1. Part 1 Crimes

While Part 1 crimes have seen a 2.41% increase compared to the same time period last year, it is important to highlight the positive trend over the past five years, during which there has been a significant reduction of

10.99%. This positive trend reflects our ongoing focus on public safety issues. Grand Theft Autos and Robberies stand out as key metrics within Part 1 crimes, indicating areas where our focused efforts can sustain and further this positive trajectory.

2. Special
Assignment Team
Our Special Assignment team diligently investigates a wide range of crimes. During this reporting period, the team has adjusted their hours to overnight operations, focusing on Business Robberies, Catalytic Converter Thefts and stolen vehicles.

The team, in collaboration with the Sheriff’s Department’s specialized units, Duarte’s Code Enforcement, and Duarte’s Animal Control officers, executed a warrant for the apprehension of six individuals. Of these, five were located and arrested for unrelated felony charges, including but not limited to possession of a firearm by a felon. During this operation, Animal Control secured the animals at each location, allowing deputies to conduct their searches safely. Meanwhile, Code Enforcement identified violations on the exterior of the locations, which will be addressed over time. The Special Assignment Team has done a remarkable job coordinating these efforts, integrating critical partners during each warrant execution, and working seamlessly with various Sheriff’s Department personnel. This high level of collaboration and coordination has led to extremely positive outcomes, demonstrating the team's exceptional efficiency and effectiveness.

The Special Assignment Team has also focused on enforcing municipal code violations in partnership with Code Enforcement Officers and the City Prosecutor. Their efforts have targeted issues such as trespassing, public drinking, shopping cart violations, facility curfews and public nudity. Through these efforts, the City Prosecutor obtained a stay order against a long-standing male offender in his late 20s, preventing him from accessing various city locations. Additionally, the Prosecutor offered a drug rehabilitation program in lieu of criminal prosecution. This approach resulted in the individual staying away from the city for several months 53

PROJECT/PROGRAM STATUS
and engaging with the court for rehabilitation, marking a significant step toward his recovery and reintegration into society.

3. Neighborhood
Watch
Our dedicated Public Safety Staff and Deputies recently held a neighborhood watch meeting in the Bashor and Las Lomas area. During the meeting, our team shared valuable law enforcement tips to help residents avoid becoming victims of crime. They also addressed numerous questions about the city's development and received feedback from residents to guide future patrol efforts.

MEASURE H and OUTREACH COORDINATION

1. Outreach
Coordinator
Tony Hadloc, the Outreach Coordinator, has been serving in this position since August 2018. According to his unofficial homeless count for the month, there are 21 individuals experiencing homelessness. Over the course of this month, Tony Hadloc has had 175 interactions with individuals facing homelessness, providing them with essential services and information regarding Duarte Regulations.

Emily Lepone, our dedicated Code Enforcement Officer, assumed her role on October 3, 2022. Since then, she has been diligently overseeing the enforcement of regulations related to outdoor camps, shopping carts, park rules, public right-of-way violations, and addressing nuisances within both our commercial establishments and residential areas. Her proactive initiatives have yielded significant results, including the protection of vacant businesses and their utilities, as well as safeguarding occupied businesses from utility theft. Her current focal point revolves around the Duarte’s LA County Library, Duarte Teen Center, Big Lots shopping center, the area near and around the Habit Restaurant and CarMax.

On June 5th, 2024, Duarte’s Homeless Outreach Team, including Special Assignment Deputies, Code Enforcement Officers, and an Outreach Coordinator, collaborated with LA County’s Pathway Home team to locate and offer services to long-standing homeless individuals with ties to Duarte. Of the ten individuals identified as top priority for the City of Duarte, six accepted placement in the Pathway Home transitional housing project, funded by Measure H. It is important to note that all ten priority individuals were offered a room, but only six accepted. Those who declined, as well as additional individuals beyond the initial ten, were placed on a secondary list. They will be considered for housing as the six transition into permanent housing or as bed space becomes available.

2. L.A. CADA The L.A. CADA High Acuity Team, dedicated to assisting individuals experiencing homelessness for over a year, commenced their operations in the City of Duarte on August 2, 2022. During this reporting period the high 54

PROJECT/PROGRAM STATUS
acuity team engaged 26 individuals of which 1 were first-time encounters, 25 follow up with 0 individual refusing supportive services. The primary areas with the highest number of encounters were identified as Duarte Park, and Huntington Drive.

Similarly, the L.A. CADA Supplemental Program, focused on individuals who are recently homeless or at risk of homelessness, began their work in the City on Thursday, September 22, 2022. During this reporting period the supplemental team engaged 19 individuals of which 4 were first-time encounters, 19 follow-ups with 0 individuals refusing supportive services.

The primary areas with the highest number of encounters were identified as Duarte Park and 99 Cents Store.

3. 2023 LAHSA
Official Homeless
Count
Duarte – 26 in 2023 (11 in 2022)
Monrovia – 76 in 2022
Arcadia – 174 in 2022
Irwindale – 213 in 2022
Azusa – 220 in 2022
The Homeless Count for Duarte was conducted on January 23, 2024.

Preliminary analysis is underway before official results are published.

Unofficial raw data suggests a total count of 21 individuals experiencing homelessness.

EMERGENCY PREPAREDNESS

1. Emergency
Operations Center
(EOC)
We are thrilled to share the news of our partnership with LA County Fire to bring an in-person CERT Class to our community. The scheduled dates are as follows: Friday, September 13, from 5 PM to 9 PM, and Saturday and Sunday, September 14/15, from 8 AM to 5 PM, providing an extensive 3-day intensive course.

CERT (Community Emergency Response Team) is a vital program that empowers individuals to respond effectively during emergencies and disasters. By equipping participants with essential skills in first aid, search and rescue, and disaster response coordination, CERT plays a crucial role in enhancing community resilience and preparedness. Hosting this class will not only educate and empower individuals but also contribute significantly to the safety and well-being of our community during times of crisis.
55

56

57

58 ITEM: 12.G
One Year and One Year Option Professional Services Agreement with R3 Consulting Group, Inc. for On-Call SB 1383 Support Services
Recommended Action:

1.) Approve a one year with an option for an additional year agreement for professional services between the City of Duarte amd R3 Consulting Group, Inc. for a not-to-exceed amount of $53,114 (FY 2024-25 - $26, 100 and FY 2025-26 - $27,014) to provide On-Call SB 1383 Support Services; and 2.) Authorize the City Manager to execute the agreement.

Attachments:

12.G - Staff Report One Year and One Year Option PSA with R3 Consulting Group, Inc.pdf

12.G - Attachment A. - R3 PSA.pdf

12.G - Attachment B. - On-Call FY 24-25 - R3 Proposal.pdf 59 60
61 2671/012225-0101
18679307.4 a06/18/24

CITY OF DUARTE

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and effective as of July 1, 2024 (“Effective Date”), by and between the City of Duarte (“City”), and R3 Consulting Group, Inc., 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 on-call consulting services 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 have a term of one (1) year commencing from the Effective Date of this Agreement (“Initial Term”) (i.e., July 1, 2024, to June 30, 2025). Following the conclusion of the Initial Term, the Agreement shall renew automatically, beginning after the expiration of the Initial Term, for a maximum of a one (1) year extension term, 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 On-Call SB 1383 Support Services. The services are 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
62 2671/012225-0101
18679307.4 a06/18/24 -2-
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, 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 8, 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 8, 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 63 2671/012225-0101
18679307.4 a06/18/24 -3-
(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 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 Assistant to the City Manager/Public Information Officer 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 Gareth Schulz, Principal, 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 an amount not to exceed FIFTY-THREE THOUSAND, ONE HUNDRED AND FOURTEEN DOLLARS ($53,114), based on the Scope of Services set forth in Exhibit A.

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 5, 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 64 2671/012225-0101
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in Exhibit A. In City’s sole and absolute discretion, prior to effecting a suspension or termination 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 65 2671/012225-0101
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be released publicly or to any other client of Consultant without the prior written approval of the City Manager.

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 66 2671/012225-0101
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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.

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 67 2671/012225-0101
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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, 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. 68 2671/012225-0101
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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.

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; or (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:

If to City: City of Duarte
Attn: Andres Rangel, Assistant to the City Manager/PIO
1600 Huntington Drive
Duarte, California 91010
If to Consultant: R3 Consulting Group, Inc.

Attn: Alex Soulard, Managing Consultant
1512 Eureka Road, Suite 220
Roseville, CA 95661

16. GOVERNING LAW; ATTORNEYS’ FEES; LITIGATION MATTERS
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.

17. 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 69 2671/012225-0101
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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 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.

18. 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.

19. 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.

20. 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. 70 2671/012225-0101
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21. 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 person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

22. 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.

23. 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.

24. 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.

25. 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.]
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IN WITNESS WHEREOF, the City Council of the City of Duarte caused the Agreement to be subscribed by its Mayor or City Manager and said Consultant has executed or caused this Agreement to be executed by its duly authorized officer(s).

CITY OF DUARTE
_________________________________
Brian Villalobos, City Manager
Date: _____________________________

CONSULTANT
_________________________________
By: Gareth Schulz
Its: Principal
Date: _____________________________
ATTEST
_________________________________
City Clerk
Date: _____________________________

APPROVED AS TO FORM

RUTAN & TUCKER, LLP
_________________________________
City Attorney, City of Duarte
Date: _____________________________
72 2671/012225-0101
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EXHIBIT A
Scope of Services
On-Call Consulting Services for Fiscal Year (FY) 2024-25 – R3 Proposal 73 2671/012225-0101
18679307.4 a06/18/24

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; 74 2671/012225-0101
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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. 75 1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com March 18, 2024
Mr. Andres Rangel
Assistant to the City Manager
City of Duarte
1600 Huntington Drive, Duarte, CA 91010
submitted via email: [email protected]
SUBJECT: On-Call Consulting Services for Fiscal Year (FY) 2024-25 – R3 Proposal Dear Mr. Rangel,
R3 Consulting Group, Inc. (R3) is pleased to submit the attached proposal to provide On-Call Consulting Services for FY 2024-25, with an optional one-year extension, for the City of Duarte (City).

Our proposal includes a scope of work and cost for the following matters:
》 Planning and implementation assistance for Senate Bill (SB) 1383. 》 Review of Burrtec’s annual rate adjustment.
》 Food Waste Reduction Planning and Food Recovery
》 Ongoing support for the implementation of the solid waste ordinance. 》 Contract management assistance.
》 Electronic Annual Report compilation and submittal.
》 Four quarterly meetings and as-needed on-call support.

Alex Soulard, Managing Consultant, will serve as Project Lead and primary point of contact for this engagement. Alex will be supported by Rose Radford, Director, and Maryann Hulsman, Consultant.

Garth Schultz, Principal, will provide strategic direction and assistance as needed. As President of R3, Garth has the authority to contractually obligate R3 and negotiate contacts on behalf of the organization. * * * * *
We appreciate the opportunity to submit our proposal to the City. Should you have any questions regarding our proposal or need any additional information, please don’t hesitate to reach out directly.

Sincerely,
Alex Soulard | Managing Consultant Garth Schultz | Principal R3 Consulting Group, Inc. R3 Consulting Group, Inc.
707.888.8693 | [email protected] 510.292.0853| [email protected] 76 1. SCOPE OF WORK
City of Duarte | On-Call Consulting FY 24-25 – Updated 031824 1 Task 1 SB 1383 Planning and Implementation
R3 has assisted many jurisdictions in monitoring and planning for changes in solid waste programs that are needed under the SB 1383 regulations.

R3 has assisted the City in planning for the requirements stipulated in the regulations for the past three years, training City staff on the requirements, engagement with the Los Angeles Regional Agency (LARA), the San Gabriel Valley Council of Governments (SGVCOG), surrounding jurisdictions, and other stakeholders.

Now, our team proposes to:
》 Play a coordinating role with the City and Burrtec on the universal organics roll-out as it may continue. 》 Review Burrtec updates in Recyclist, Burrtec’s Annual Report, and customer newsletters to ensure that the public education provided by Burrtec facilitates full compliance with the outreach and education requirements of SB 1383.
》 Assist staff in planning for staff activities to comply with SB 1383. 》 Assist staff in coordination with other regional entities on procurement and edible food recovery planning efforts.

Task 1 Deliverable
– SB 1383 planning and implementation, including assistance to staff on meeting requirements not covered by the contract with Burrtec.

Task 2 Annual Rate Adjustment
Should the City and/or Burrtec desire to amend the franchise agreement and/or request a rate adjustment, R3 will assist the City by completing the following general activities:
》 Review Burrtec’s proposals as provided to the City (and supplied by the City to R3) to assess reasonableness, compare to general industry trends and best practices, and provide recommendations based upon our firm’s experience and our individual expertise. 》 Provide analysis, findings, and recommendations to the City regarding Burrtec’s proposals.

Our review will include the following steps:
》 Confirm that Burrtec provided the required information. 》 Verify that Burrtec correctly calculated and applied the appropriate escalation factors. 》 Verify that Burrtec correctly recalculated the Maximum Rates. 》 Make any necessary corrections to Burrtec’ calculations and Maximum Rates and verifying the changes with City Staff and Burrtec.
》 Prepare an electronic memorandum summarizing the results of Burrtec’s rate adjustment request for City Staff.
》 Assist in drafting resolution adopting Maximum Rates sheets for approval by City Council.

Task 2 Deliverables
– Electronic memorandum describing analysis, findings, and recommendations to the City regarding Burrtec’s proposal.
– Meetings with the City and Burrtec, as needed.

Should the City desires full-service negotiations assistance, our team can provide a separate proposal for such assistance upon request.
77 City of Duarte | On-Call Consulting FY 24-25 – Updated 031824 2 Task 3 Solid Waste Ordinance Ongoing Support
R3 has assisted the City in the implementation of solid waste ordinance updates, which included noticing to covered waste generators informing them of the requirement to subscribe to service and providing the self-haul documentation form for them to use to document compliance. This task will support additional notifications and review of outreach materials to generators, as determined appropriate by the City.

Task 3 Deliverables
– Review of Burrtec’s covered compliant and non-compliant businesses for AB 341 and 1826, and SB 1383 regulations.

Task 4 Edible Food Recovery Program Support
Establishing and implementing food recovery programs can be challenging, but the City is already well positioned for compliance as a member of LARA and the SGVCOG. The County is responsible for several of the key aspects of planning for SB 1383, including planning for edible food capacity in the County, identification of edible food recovery organizations and assessment of those organizations’ capacity, as well as any need for additional capacity in the County.

R3 will engage the County, LARA and the SGVCOG to request available information about the County’s current edible food recovery implementation efforts. R3 will engage the County and LARA to the extent needed to understand the program and reporting requirements and will conduct the necessary activities for compliance as requested by the City.

Task 4 Deliverables
– Monthly email summary reports and required CalRecycle Reporting data.

Task 5 Contract Management Assistance
We propose to assist the City in managing key programs covered under the contract to facilitate the City’s oversight over Burrtec activities. This year, R3 will refresh our findings from the prior performance review and will compile a list of compliance related issues and potential solutions based upon best available information.

Task 5 Deliverables
– Ongoing support for contract management with Burrtec. – Review of annual reports and Recyclist data as submitted by Burrtec and the City for key matters of interest, including diversion, and education and outreach activities.

Task 6 Electronic Reports to CalRecycle
R3 provided support to the City in preparing the 2021 and 2022 Electronic Annual Reports (EAR) to CalRecycle on an on-call basis. We propose to assist the City in a similar fashion for this year’s EAR.

With additional planning and lead time, and with our familiarity with the solid waste programs offered in Duarte, R3 will assist in expanding the level of detail provided in this year’s EAR, which includes the third report to CalRecycle on SB 1383 compliance.
78 City of Duarte | On-Call Consulting FY 24-25 – Updated 031824 3 The schedule for such CalRecycle reports is as follows:

TASK COMPLETION DATE
First Draft EAR July 1 of each year
Final Draft & Submission of EAR August 1 of each year
Based on R3’s review of the City’s programs and discussion with City staff and Burrtec, R3 will identify any additional information or data needs for the various programs for inclusion in the EAR. Information requests will then be submitted to the various parties, as applicable, to obtain the required information.

Additional value-added benefits include:
》 Review of existing program descriptions and expansion for additional documentation of the excellent diversion programs active in Duarte.
》 Review and entry of data from various data sources and follow up analysis of submitted data when needed. 》 Coordination of organics capacity planning data submittal to LARA.

Using the information gathered, R3 will draft the EAR and provide a draft to the City for review and comment. Our team will then finalize the EAR and submit to the City for submission to CalRecycle. At the City’s discretion, R3 will upload the information to CalRecycle’s website for submittal.

Our task budget assumes that Burrtec will provide the City with Recyclist data updates and annual reports of all information required for the EAR on a timely basis (e.g., within 45 days after the end of each quarter). As necessary, R3 will follow up with Burrtec to assure that all available information is accurately reported in the Annual Report.

Task 6 Deliverables
– One (1) “needs list” containing additional requested information from City staff and Burrtec. – One (1) electronic draft EAR initial report for review by City staff. – One (1) electronic copy of the final EAR by August 1 of each calendar year.

Task 7 Regular Meetings and On-Call Support
In support of, and in addition to, the deliverables in Tasks 1-6, R3 will virtually attend biweekly meetings with City staff and monthly meetings with the City and Burrtec each year. R3’s participation in these meetings will be to coordinate with the City and Burrtec schedule, information needs, and deliverables related to the other tasks included in this proposal. R3 will also provide additional on-call support as needed by the City on all solid waste matters up to our annual contract limit.

Task 7 Deliverables
– Virtual attendance at regular meetings with the City and Burrtec each year. – On-call support and deliverables as needed and as agreed upon. 79 2. PROJECT BUDGET
City of Duarte | On-Call Consulting FY 24-25 – Updated 031824 4 R3 proposes to complete the project for a total cost of $26,100 for the first year of the contract, and $27,014 for an optional one-year extension, for a total of $53,114. Table 1, below, shows the total cost breakdown by task. Additional consulting services beyond those proposed will be charged at the hourly billing rates shown in Table 2, below. Fees for work completed will be billed monthly at the first of each month, for the preceding month, and are due within 30 days of the invoice date. R3’s hourly rates went into effect January 1, 2024, and are subject to periodic adjustments based upon CPI.

Table 1: Cost Breakdown

TASK HOURS COST

1. SB 1383 Planning and Implementation 25 $ 5,175

2. Annual Rate Adjustment 20 $ 4,875

3. Solid Waste Ordinance Ongoing Support 10 $ 1,950

4. Edible Food Recovery Program 8 $ 1,440

5. Contract Management Assistance 10 $ 2,325

6. Electronic Reports to CalRecycle 28 $ 5,655

7. Quarterly Meetings and On-Call Support 24 $ 4,680
SUBTOTAL, Fiscal Year 24-25 125 $ 26,100
Optional: One-Year Extension (Fiscal Year 25-26) $ 27,014 TOTAL, Fiscal Years 24-26 $ 53,114
Table 2: Standard Hourly Rates

CLASSIFICATION HOURLY RATE
Principal $ 300 per hour
Sr. Director $ 300 per hour
Director $ 255 per hour
Sr. Managing Consultant $ 235 per hour
Managing Consultant $ 210 per hour
Sr. Consultant $ 200 per hour
Consultant $ 180 per hour
Associate Consultant $ 165 per hour
Expert Witness 1.5x Rates Listed Above

REIMBURSABLE COSTS
Consultants/Subcontractors Cost plus 10%
Lodging and meals Direct cost
Travel - Private or company car At Current Federal Rate Travel - Other Direct cost
Delivery and other expenses Direct cost
80 ITEM: 12.H
Amendment No. 1 to the City Manager Employment Agreement Recommended Action:

Approve Amendment No. 1 to the City Manager Employment Agreement.

Attachments:

12.H - Staff Report - Amendment No. 1 to CM Employment Agreement.pdf

12.H - Amendment No. 1 to City of Duarte City Manager Employment Agreement.pdf

12.H - June 1, 2023, City of Duarte City Manager Employment Agreement.pdf 81 82
83 159/012225-0101
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AMENDMENT NO. 1 TO CITY OF DUARTE CITY MANAGER

EMPLOYMENT AGREEMENT
This AMENDMENT NO. 1 TO CITY OF DUARTE CITY MANAGER EMPLOYMENT AGREEMENT (the “Amendment”) is made and entered as of June 25, 2024 (“Effective Date”), by and between the CITY OF DUARTE, a public body and general law city of the State of California (the “City”), and BRIAN VILLALOBOS, an individual (the “City Manager”), for the purpose of amending the written “City of Duarte City Manager Employment Agreement” entered into between City and City Manager as of June 1, 2023 (“Agreement”):

SECTION 1. TERM
Subsection A of “Section 2. Term of the Agreement “is amended to read:

A. The term of this Agreement shall be from July 1, 2023, (the “Effective Date”), through and including August 30, 2024, unless earlier terminated as provided here. Thereafter, the parties may renew the Agreement pursuant to their mutual agreement.

SECTION 2. COST OF LIVING ADJUSTMENT.

Subsection B of “Section 6. Salary and Benefits” is amended to read:

A. City agrees to pay City Manager for his services rendered pursuant hereto an annual base salary of Two Hundred Twenty-Two Thousand, Eight Hundred and Fifty-Two Dollars ($222,852.00) (“Base Salary”), effective on June 1, 2023, (“Base Salary Effective Date”), payable in equal installments at the same time as other employees of the City are paid. It shall be the responsibility of City Manager to advise City each year of the necessity for the annual performance review, and to schedule same, by closed session with the City Council, or other appropriate procedure. Notwithstanding the necessity for at least one annual performance review, City Council may perform other performance reviews of City Manager’s performance, at any time. City Council may implement adjustments to salary, other benefits, or both, during the period of any performance review, provided, however, that consistent with Government Code section 54956, such compensation or benefits may only be modified at a regularly scheduled meeting of the City Council.

SECTION 3. RETROACTIVE PAY INCREASES IF AGREED TO BY ALL PARTIES Section 13. Retroactive Pay Increase shall be added to the Agreement as follows:

Should the City agree to a salary increase for the City Manager either through a new agreement or amendment to the Agreement, such salary increase shall be effective retroactively to July 1, 2024.

SECTION 4. OTHER TERMS UNCHANGED
Except as set forth in this Amendment, all terms, conditions, and provisions of the 84 159/012225-0101
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Agreement are unchanged and remain in full force and effect.

IN WITNESS WHEREOF, the City of Duarte has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the City Manager has signed and executed this Agreement, both in duplicate, to become effective as of the Effective Date.

CITY:

CITY OF DUARTE
____________________________________
Vinh Truong, Mayor
City of Duarte
ATTEST:
____________________________________
Annette Juarez, City Clerk
City of Duarte
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
____________________________________
Thai Viet Phan, City Attorney
City of Duarte
CITY MANAGER:
___________________________________
BRIAN VILLALOBOS, an individual
85 CITY OF DUARTE CITY MANAGER EMPLOYMENT AGREEMENT
This EMPLOYMENT AGREEMENT ( the " Agreement") is made and entered as of June 1, 2023, by and between the CITY OF DUARTE, a public body and general law city of the State of California ( the " City"), and BRIAN VILLALOBOS, an individual ( the " City Manager"), both of whom understand as follows:

RECITALS:

WHEREAS, the City desires to employ the services of BRIAN VILLALOBOS as the City Manager as provided by the Duarte Municipal Code Chapter 2. 12; and WHEREAS, it is the desire of the City to establish certain conditions of employment and to set working conditions of said City Manager; and
WHEREAS, City Manager desires to accept employment as City Manager of said City.

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

SECTION 1. DUTIES.

A. City hereby agrees to employ BRIAN VILLALOBOS as City Manager of said City to perform the functions and duties specified in the Duarte Municipal Code Chapter 2. 12, pursuant to Government Code sections 36501, 36506, and 34851 et seq., and as provided by other state and federal law, and to perform other legally permissible and proper duties and functions as the City Council ofthe City of Duarte ( the " City Council") shall from time to time assign.

B. City Manager, with prior written approval of the City Council, may undertake outside professional activities for compensation, including teaching, speaking, and writing, provided they do not interfere with City Manager' snormal duties, are done only during vacation or other non -working time of City Manager, and are not done with any then -existing vendors or contractors ofthe City, or past vendors or contractors where conflicts ofinterest are triggered under state or local law. Under no circumstances shall such outside activity create a conflict with the duties of the City Manager and the interests of the City. The City Council, in its sole discretion, may determine when such a conflict exists.

C. Pursuant to Municipal Code Section 2. 12. 070, City Manager shall devote his fulltime work duties to the office of the City Manager. Subject to paragraph 1(B) above, City Manager shall not, while employed by the City, perform any other work for hire, and shall not perform any unpaid or volunteer work that conflicts with performance of his duties as City Manager. City Manager shall perform those duties and have. those responsibilities that are commonly assigned to a City Manager of a general law city in the State of California with a council- manager form of government, and as are further set forth in the City' sMunicipal Code, including but not limited to Chapter 2. 12. 090 thereof, as may be amended from time to time. The terms of Municipal Code Chapter 2. 12, as the same may from time to time be amended, are incorporated herein as though fully set forth. In the event of any conflict between the terms of this Agreement and the terms of Chapter 2. 12, the provisions of this Agreement shall prevail pursuant to the authority of the City 159/ 012225- 0101
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86 Council to enter into this Agreement set forth in Municipal Code Section 2. 12.20.

SECTION 2. TERM.

A. The term of this Agreement shall be from June 1, 2023 ( the " Effective Date"), through and including June 30, 2024, unless earlier terminated as provided herein. Thereafter, the parties may renew the Agreement pursuant to their mutual agreement.

B. City Manager shall serve at the pleasure ofCity Council. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right ofthe City Council acting for the City to terminate the services of City Manager at any time, with or without cause, subject only to the provisions set forth in Section 5 of this Agreement, and the provisions of the Duarte Municipal Code, Chapter 2. 12, not otherwise waived hereunder.

C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right ofthe City Manager to resign at any time from his position with City, subject only to the provision set forth in Section 5, Paragraph G, of this Agreement.

SECTION 3. ADMINISTRATIVE LEAVE WITH PAY.

City may place City Manager on Administrative Leave with full pay and benefits at any time during the term of this Agreement. However, if the purpose of placing City Manager on Administrative Leave With Pay is to conduct an investigation into potential wrongdoing, and after that investigation, City Manager is convicted of a crime involving abuse of their office or position, then pursuant to Government Code Section 53243, City Manager shall be required to fully reimburse City for any salary or benefits received while on Administrative Leave With Pay.

Abuse of office or position" shall be as defined in Government Code Section 53243. 4, as may be amended.

SECTION 4. TERMINATION AND SEVERANCE PAY.

A. The City Council shall have the right at any time during the term of the Agreement, upon thirty (30) days' prior written notice to City Manager, and notwithstanding the provisions of subdivisions ( a) through (d) of Municipal Code Section 2. 12. 110, but subject to the limitation set forth in subdivision ( e) of Municipal Code Section 2. 12.10 [no dismissal within 90 days of election or appointment of Council member], to terminate this Agreement and City Manager' s employment, for any reason or for no reason, by a vote of a majority of the members ofthe City Council ( and not a majority vote of the quorum only, in the event of a meeting where less than the full number ofmembers are present, and the majority of the quorum is less than four votes) voting at regular, adjourned regular, or special meeting of the City Council. If such termination is involuntary and for reasons other than " misconduct in office" or "for cause" as further specified herein, City Manager shall be entitled to receive a severance payment in an amount provided in Duarte Municipal Code section 2. 12. 060. The severance payment provided for herein shall be in addition to, and not offset by, any payment to which City Manager may otherwise be entitled to, or qualify for, through the Chief Executive Separation Payment provided under the California Joint Powers Insurance Authority' s
Memorandum of Coverage — Primary Liability Program.

B. The City Manager and City acknowledge and agree that there is a mutual benefit in 159/ 012225- 0101
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87 advancing and maintaining a positive and non -controversial resolution to the employment relationship. In keeping with the spirit of this provision, and as a condition to the receipt of any amount of severance pay as provided in paragraph 5. A above, and as partial consideration therefor, City Manager agrees not to make any public or private statements critical or disparaging of the City, the City Council, its members, department heads, officers, or employees.

C. Pursuant to Government Code sections 53243, 53243. 1and 53243. 2, if City Manager is convicted of a crime involving an abuse of his office or position, all of the following shall apply: (1) ifCity Manager is provided with administrative leave pay pending an investigation, City Manager shall be required to fully reimburse City such amounts paid; (2) ifCity pays for the criminal legal defense ofCity Manager ( which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), City Manager shall be required to fully reimburse City such amounts paid. For purposes of this Section, abuse of office or position means either: (1) an abuse ofpublic authority, including waste, fraud, and violation ofthe law under color ofauthority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 commencing with Section 92) of Part 1 of the Penal Code.

D. To the extent City Manager' stermination is not involuntary, is for misconduct in office, or is otherwise " for cause" as provided below, City Manager shall be entitled to no severance pay from the City. Any of the following, for the purposes of Duarte Municipal Code Section 2. 12. 110( e), shall constitute " misconduct in office":
1) conviction of a felony or misdemeanor involving misrepresentation, fraud, or moral turpitude;
2) knowingly and unlawfully participating in a governmental decision in which the City Manager has a conflict of interest as defined in Government Code sections 87100, et seq., or Government Code sections 1090 et seq.;
3) abuse of alcohol, prescription medications, stimulants, or controlled substances that materially affects City Manager' sdischarge of his duties; 4) failure to follow a written directive ofthe City Council, after written notice of such failure is provided to City Manager;
5) repeated or recurring unexcused absences from the City Manager office, City Hall, or City Manager' sduties;
6) performance of outside business interests, or participation in transactions, contracts, or financial activities that conflict directly with City' spolicies or activities, without prior consent of any such conflict in writing by City Council; 7) conduct that is publicly insubordinate, or humiliating, or demeaning to the City or City Council;
159/ 012225- 0101
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8) willful destruction or misuse ofCity property;
9) willful and unlawful retaliation against any employee, officer, official, manager,

88 agent, or representative of the City, or member of the general public, who in good faith reports, discloses, reveals, or divulges to any appropriate authority, any violation of law, or any facts or information pertaining thereto; and
10) willful disclosure of closed session confidential communications, attorney - client confidential communications, or other information whose confidentiality is privileged or protected by law.

Apart from such grounds for removal as are otherwise defined under state law, the Duarte Municipal Code, or this Agreement, the determination ofwhat constitutes appropriate " cause" for termination of City Manager shall be within the sole discretion of the City Council.

E. Nothing in this Agreement shall prohibit City from imposing discipline less than termination upon City Manager, including written reprimands, or suspensions. Such discipline may be imposed by City in its discretion.

F. In the absence of grounds for imposing discipline on City Manager, in the event:
1) City at any time during the term of this Agreement reduces the salary or other financial benefits of City Manager in a greater percentage than an applicable across- the- board reduction for all general full- time employees ofCity; or (2) City refuses, following written notice by City Manager to the City Attorney specifying a breach of this Employment Agreement, to remedy or undertake to remedy any such breach, then City Manager may, at his option, elect to be deemed to be terminated" as of that time, and shall be entitled to the severance pay from City.

G. In the event City Manager voluntarily resigns his position with City before expiration of the above -referenced term ofhis employment, then City Manager shall give City no less than sixty (60) days' notice in advance, unless the parties otherwise agree, and City Manager shall not be entitled to any severance pay from City.

SECTION 5. DISABILITY.

If City Manager is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity, or health for a period of six ( 6) successive weeks beyond any accrued sick leave to which City Manager is entitled, or for the legal duration of the Family and Medical Leave Act (whichever is greater), City shall have the option to terminate this Agreement. Termination pursuant to this Section will not subject the City to payment of severance pay. However, City Manager shall be compensated for any accrued vacation, holidays, and other accrued benefits on the same basis as any other employee of the City pursuant to the Personnel Rules.

SECTION 6. SALARY AND BENEFITS.

A. Salary.

City agrees to pay City Manager for his services rendered pursuant hereto an annual base salary of Two Hundred Eighteen Thousand Four Hundred and Eighty -Two Dollars ($ 218, 42. 00) Base Salary"), effective on June 1, 2023 (" Base Salary Effective Date"), payable in equal installments at the same time as other employees of the City are paid. In addition to Base Salary, 159/ 012225- 0101
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89 City Manager shall be entitled to any future cost of living (" COLA") increases after the Effective Date that are provided to other general full- time employees ofthe City. City agrees to review Base Salary and other benefits of City Manager at the time of an annual performance evaluation which shall be initiated in March or April for each year this Agreement is in effect. It shall be the responsibility ofCity Manager to advise City each year of the necessity for the annual performance review, and to schedule same, by closed session with the City Council, or other appropriate procedure. Notwithstanding the necessity for at least one annual performance review, City Council may perform other performance reviews of City Manager' sperformance, at any time. City Council may implement adjustments to salary, other benefits, or both, during the period ofany performance review, provided, however, that consistent with Government Code section 54956, such compensation or benefits may only be modified at a
regularly scheduled meeting of the City
Council.

B. Benefits.

In addition to the salary referred to in Paragraph 6. A above, City Manager shall receive from City the following benefits:
a) the same package( s) of health/ medical insurance benefits and dental and vision allowances as available to all other full- time City employees; b) the same package( s) of life insurance and disability insurance as available to all other full- time City employees;
c) participation in PERS in the same manner and to the same extent as available to all other full- time City employees;
d) use of a City -provided automobile until December 31, 2023, then an automobile expense reimbursement of Five Hundred Dollars ($ 500. 00) each month thereafter beginning January 1, 2024;
e) provision of a City —owned cellular phone, data plan, tablet, and additional similar communications and computing equipment as deemed appropriate by City Council excluding desktop computer equipment for use outside City Hall); f) paid membership in the International City/ounty Management Association ICMA); and the California City Management Foundation ( CCMF). g) paid travel and meeting attendance for City Manager to professional groups and associations related to the City Manager position and industry -related topics, as may be approved by the City Council as part of the annual City budget or subsequent appropriations; provided, however, that any out-f- state business travel or other reimbursed travel requested by City Manager for other members of City staff at the same event for which City Manager receives reimbursed travel must be approved in advance by the City Council; and h) vacation of up to one hundred twenty ( 120) hours of paid vacation time annually, which shall accrue all one hundred twenty ( 120) hours on the anniversary date of the Effective Date and annually thereafter. Not more than eighty ( 80) hours of vacation may be taken 159/ 012225- 0101
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90 consecutively by City Manager without the prior approval of the City Council. Carryover and accrual of vacation time shall be subject to the following provisions: City Manager shall have the option, not later than thirty ( 30) days prior to end of each fiscal year ending June 30, to provide notice to the City Council that they City Manager elects to either ( i) be paid for any unused vacation time existing as ofthe end ofthat fiscal year just ended, or (ii) carryover to the next fiscal year that began that July 1 such unused vacation time; provided, however, that in no event shall City Manager be permitted to carry over more than three hundred and sixty ( 360) hours of unused vacation time for a given year, or cumulatively. In addition, City Manager shall not be permitted to have or accumulate at any time more than three hundred and sixty ( 360) hours of unused vacation time, regardless of the actual number of hours of unused vacation time. Unused vacation time as defined and limited by the foregoing provisions shall be paid to City Manager at the time of expiration or termination of this Agreement, in addition to such severance payment to which City Manager is entitled to under this Agreement, if any.

SECTION 7. HOURS OF WORK.

City Manager shall use his best faith efforts to respond timely, after normal business hours, if necessary, to any exigent situation or circumstance that may arise during such interim period of unavailability. In addition to working normal business hours, it is recognized that City Manager must devote time outside the normal office hours to business of the City. In consideration for these obligations, City Manager shall have sixty (60) hours annually ofAdministrative Time Off. Thirty 30) of such hours shall accrue upon the Effective Date, and thirty ( 30) additional hours shall accrue six ( 6) months after the Effective Date. Sixty ( 60) additional hours shall accrue each anniversary of the Effective Date thereafter. Administrative Time Off shall not carryover year to year, and will not be paid upon termination or separation of City Manager from employment, but instead any unused Administrative Time Off at the time of termination or other separation will be forfeited.

SECTION 8. OTHER TERMS AND CONDITIONS OF EMPLOYMENT.

A. The City Council, in consultation with the City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of City Manager, provided such terms and conditions are not inconsistent or in conflict with the provisions of this Agreement, the Duarte Municipal Code or any applicable state or federal law.

B. All regulations and rules of the City relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to City Manager as they would to other general full- time employees of City, in addition to the benefits specifically set forth herein for the benefit of City Manager.

SECTION 9. SURETY BOND.

In accordance with Municipal Code Section 2. 12. 040, it is mutually understood and agreed that City Manager will file with the City Council, prior June 1, 2023, a corporate surety bond to be approved by the City Council to secure the faithful performance of the duties imposed upon 159/ 012225- 0101
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91 City Manager as City Manager. The amount of the surety bond required herein shall be One Million Dollars ($ 1, 000,00. 0). Said bond shall be paid for by the City as provided in Municipal Code Section 2. 12. 040. Alternatively, this requirement may be met by the City securing no less than One Million Dollars ($ 1, 000,00. 0) of Government Crime insurance, which covers the activities of the City Manager.

SECTION 10. ARBITRATION.

A. Dispute Resolution and Binding Arbitration.

City Manager and City agree that any dispute that arises out of or relates to City Manager' s employment with City, including but not limited to any dispute that concerns the validity, enforceability, or breach of this Agreement, or any dispute against any present or former officer, director, employee, agent, attorney, or insurer ofthe City, shall be submitted to binding arbitration.

City Manager represents and warrants to City that his agreement to submit any disputes hereunder to binding arbitration is voluntary, and City Manager acknowledges that such arbitration has not been required by City as a condition of employment. In this regard, City Manager understands and knowingly waives any contrary provision or protection under California Labor Code section 432. 6.

City Manager and City agree that any claim arising hereunder shall be brought in the individual capacity of the City Manager or City, and not as a collective or representative claim on behalf of any person or class. Nothing in this section shall prevent City Manager from filing or maintaining a charge with the United States Equal Employment Opportunity commission or the National Labor Relations Board, from making a workers' compensation claim, or from seeking unemployment benefits. Disputes that may not be subject to pre -dispute arbitration agreement by law are excluded from this Agreement. City shall be responsible for payment of the costs of the services of the arbitrator. City Manager will not be subject to any retaliation or discrimination if City Manager seeks to challenge this arbitration provision or participate in a class or collective action. The arbitration shall take place in Los Angeles County, California, and both City and City Manager agree to submit to the jurisdiction of the arbitrator selected in accordance with rules and procedures as they shall mutually agree, or in the absence of such agreement, under the arbitration rules of JAMS. Except as to the right to a hearing under Duarte Municipal Code section 2. 12. 110( b), City Manager and City agree that this arbitration procedure will be the exclusive means of redress for any disputes relating to or arising from City Manager' semployment with City, including disputes over rights provided by federal, state, or local statutes, regulations, ordinances, and common law, including all laws that prohibit discrimination based on any protected classification. The parties each expressly waive the right to a jury trial, and agree that the arbitrator' saward shall be final and binding on the parties, provided that any award shall be reviewable by a court of law to the fullest extent allowed by law, including for any error of law by the arbitrator. The arbitrator shall have discretion to award monetary and other damages, or to award no damages, and to fashion any other reliefthe arbitrator deems appropriate, but only to the extent consistent with law. The parties expressly agree that each party shall bear its own costs and attorneys' fees incurred in bringing or defending an action under this Section, to the fullest extent allowed by law at the time of the arbitration. By their initials below, each signing party acknowledges that it understands it is waiving its right to trial by jury of any issues arising under this Agreement, and is knowingly and voluntarily waiving them:

City Initials: City Manager Initials:
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c
92 SECTION 11. NOTICES.

Notices pursuant to this Agreement shall be given by: ( 1) email with verification of delivery; (2) personal delivery; (3) overnight delivery service with confirmation; or (4) deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

CITY:
with copy to:

CITY OF DUARTE
1600 Huntington Drive
Duarte, CA 91010
Attn: City Clerk
email: ujurlre r ; accessduarte

RUTAN & TUCKER, LLP
18575 Jamboree Rd., FL
Irvine, CA 92612
Attn: Thai Viet Phan, Esq.
email: tphrrn rutan. coin,
CITY MANAGER: BRIAN VILLALOBOS
655 Sierra Meadow Drive
Sierra Madre, CA 91024
email: bcvillalglasd. org
Notice shall be deemed given as of the date of personal, overnight delivery, email. or facsimile service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.

SECTION 12. GENERAL PROVISIONS.

A. This Agreement shall constitute the entire agreement between the parties. No prior oral or written communications are incorporated herein.

B. This Agreement shall be binding upon and inure to the benefit of the heirs at 1aa and executors of City Manager.

C. This Agreement may be signed in counterparts with signature pages transmitted by email, facsimile, personal delivery, or overnight delivery, all of which will be treated as originals.

D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

E. No officer, official, City manager, agent, or representative of the City shall be personally liable to City Manager in the event of any default or breach by the City of this Agreement or for any amount which may become due to City Manager under this Agreement or for breach by City of any of the terms of this Agreement. 159/ 012225- 0101
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93 F. Governing Law; Remedies; Attorneys' Fees/ Litigation Matters; Waivers. 1) The internal laws of the State of California, without regard to principles of conflicts oflaws, shall govern the interpretation ofthis Agreement. 2) In addition to any other rights or remedies and consistent with the arbitration clauses applicable hereunder, 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 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 City Manager be entitled to economic or consequential damages or to punitive damages. 3) 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. 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.
4) Waivers of the provisions of this Agreement by any party hereto shall not be effective unless in writing.

G. 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 ofthe authorship ofthis 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, including but not limited to any recruitment brochures or materials, are merged into this Agreement and shall be of no further force or effect.

H. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent ofthe parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

I. Amendment; Modification. This Agreement may be amended or modified only by a written instrument approved as to form by the City Attorney and signed by both parties after approval of same by a majority of the members of the City Council voting in open session at regular, adjourned regular, or special meeting ofthe City Council.

J. Time for Approval. Once this Agreement has been signed by City Manager and delivered to the Mayor, it shall thereafter be null and void unless approved by a majority of the 159/ 012225- 0101
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94 members of the City Council voting in open session at regular, adjourned regular, or special meeting of the City Council, not later than June 13, 2023.

IN WITNESS WHEREOF, the City of Duarte has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the City Manager has signed and executed this Agreement, both in duplicate, to become effective as ofthe Effective Date.

CITY:

CITY OF DUARTE
ATTEST:

Annette Juarez, "" Clerk
City of Duarte
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
Th let Phan, City Attorney
City of Duarte
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CITY MANAGER:

C
BRIAN VILLALC OS, an individual

95 ITEM: 12.I
Fiscal Year 2023-2024 Year- End Appropriation Adjustments Recommended Action:

Approve the proposed amendments to the annual budget for Fiscal Year 2023-24.

Attachments:

12.I - Staff Report - FY 23-24 Year - End Appropriation Adjustments.pdf

12.I - Schedule of Appropriations Adjustments.pdf
96 97
Explnation: Year-end appropriations, approved by City Council, to bring all funds within budget.

Lighting and Landscape District Fund Fund Increase/
(Decrease)
Beginning/Adjusted
Balances
Comments
Beginning Budgeted Appropriations $ 1,774,800.00
240 59,000.00
Increase in electricity costs and
additional citywide traffic signal and
street lights
Adjusted Budgeted Appropriations $ 1,833,800.00
AQMD Fund Fund Increase/
(Decrease)
Beginning/Adjusted
Balances
Comments
Beginning Budgeted Appropriations $ 37,200.00
320 26,500.00
Increase due to sales of City vehicles
and purchase or Enterprise leased
vehicles for accounting purposes
Adjusted Budgeted Appropriations $ 63,700.00
Measure M Fund Fund Increase/
(Decrease)
Beginning/Adjusted
Balances
Comments
Beginning Budgeted Appropriations $ 497,199.00
475 150,000.00 Increase due to FY23-24 Street Rehab
project
Adjusted Budgeted Appropriations $ 647,199.00
Schedule of Appropriation Adjustments
June 30, 2024
98 ITEM: 12.J
Amendment No. 2 to the Contract Services Agreement for City Attorney Services Recommended Action:

Approve Amendment No. 2 to the Contract Services Agreement for City Attorney Services and a fiscal year 2024/25 budget amendment of $8,000 in account numbers 1015-7690 and 1015-7686.

Attachments:

12.J - Staff Report - Amendment No. 2 to Contract Services Agreement for City Attorney Services.pdf

12.J - Amendment No. 2 to City Attorney Contract.pdf

12.J - Amendment No. 1 to City Attorney Contract.pdf

12.J - March 6, 2022, Contract Services Agreement for City Attorney Services.pdf 99 100
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AMENDMENT NO. 1 TO
CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES" THIS AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES ( the " First Amendment") is made and entered into as of June 13, 2023 Effective Date"), by and between the CITY OF DUARTE, a municipal corporation (" CITY") and RUTAN & TUCKER, LLP, a Limited Liability Partnership (" ATTORNEY"), for the purpose of amending the written " Contract Services Agreement for City Attorney Services" entered into between CITY and ATTORNEY as of March 8, 2022 (" Agreement").

1. " Section 4. 0, Compensation" is deleted and replaced in its entirety as follows:

SECTION 4. 0 COMPENSATION. ATTORNEY shall be
compensated for providing the legal services contemplated by this Agreement, in accordance with the following:

A. General Services. Compensation to ATTORNEY
for general legal services provided by an attorney shall be Two Hundred and Fifty -Five Dollars ($255. 00) per hour.

B. Litigation Services. Compensation to
ATTORNEY for Litigation shall be Two Hundred and Eighty -Five Dollars ($285. 00) per hour.

C. Eminent Domain Services. Compensation to
ATTORNEY for Eminent Domain matters, including eminent
domain litigation, shall be Two Hundred and Ninety Dollars 290) per hour.

D. Services Paid or Reimbursed by Third Parties.

Compensation to ATTORNEY for legal services paid or
reimbursed by a third party shall be the standard design rates for attorneys, paralegals, and clerks employed by ATTORNEY.

E. Other Paralegal Services. Compensation to
ATTORNEY for general legal services provided by a paralegal not reimbursed by a third party shall be One Hundred Eighty Dollars 180. 00) per hour.

F. Annual Consumer Price Index (" CPI")
Adjustment. Except for Subsection D. Services Paid or
Reimbursed by Third Parties in which compensation shall be set according to ATTORNEY' sstandard design rates, on July 1, 2024, and annually thereafter, the compensation rates as established by this Section 4. 0, shall increase by 3%, rounded to the nearest whole number.
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G. Reimbursable Expenses. ATTORNEY shall be
entitled to reimbursement for all reasonable and necessary expenses incurred by it in the performance of legal services hereunder, provided that the same are first audited by the City Manager or their designee. Reimbursable Expenses shall mean and include, but not be limited to, duplication costs; reasonable travel expenses outside of Los Angeles County or Orange County subject to City Manager approval; document reproduction expenses, telecopier charges, messenger service charges; litigation expenses, including without limitation court filing fees, court reporter' sfees, jury fees, witness fees, and other reasonable and necessary out-f- pocket expenses.

H. Invoices. ATTORNEY shall bill CITY monthly for
services performed pursuant to this Agreement. ATTORNEY shall establish such separate billing matters as may be requested by CITY consistent with this Agreement. At the direction of the City Manager, or their designee, ATTORNEY, at no additional cost to CITY, shall prepare special invoices where third parties are to reimburse CITY for specific legal services provided.

Reimbursable costs shall be separately itemized.

1. Payments. Payments to ATTORNEY shall be
made by CITY within thirty ( 30) days of receipt of the statement, except for those specific items on an invoice which are contested or questioned and are returned by CITY to ATTORNEY, with a written explanation of the question or contest, within thirty ( 30) days of receipt of the invoice.

2. Except as set forth in this First Amendment, all terms, conditions, and provisions of the Agreement are unchanged and remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Agreement to be executed by their respective duly authorized agents as of the Effective Date set forth above.

Signatures on following page.]
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CITY OF DUARTE, a municipal RUTAN & TUCKER, LLP, a California corporation limited liability partnership
J
JnY1 TYUOW Mutjow Pro -TUN
ANNETTE JUARESk CITY CLERK
Signature: TODD( Llr; N
Todd Litfin Uun 202315: 43 PDT)
Email: tlitfin@rutan. com
By: Thai Viet Phan
THAI VIET PHAN of

RUTAN & TUCKER, LLP
By: Todd Litfin
TODD LITFIN of

RUTAN & TUCKER, LLP
Signature:

Thai Viet Phan (
Yom`
Jun 7,
p%
2023 15: 46 PDT/
Email: tphan@rutan. com
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ITEM: 14.A
Levy and collection of assessments within the Lighting and Landscape Assessment District - Fiscal Year 2024-25
Recommended Action:

Adopt Resolution No. 24-07 providing for the annual levy and collection of assessments for Fiscal Year 2024-25 within the Landscape and Lighting District.

Attachments:

14.A - Staff Report- Lighting and Landscape Assessment District - FY 24-25.pdf

14.A - Resolution 24-07 Levy Collection 2024 with Engineer's Report.pdf 117
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RESOLUTION NO. 24-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUARTE ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-2025

WITHIN THE LANDSCAPE AND LIGHTING DISTRICT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972
The City Council of the City of Duarte, pursuant to the provisions of the Landscape and Lighting Act of 1972, Division 15 of the Streets and Highways Code of the State of California, does resolve as follows:

SECTION 1. RECITALS. The City Council of the City of Duarte does hereby find, determine and declare as follows:

A. On the 14th day of May, 2024, the City Council adopted Resolution No. 24-04 (the “Resolution of Intention”) which declared its intent to levy and collect assessments for Fiscal Year 2024-2025 within the District and Zones and set a time and place for a public hearing. The Resolution of Intention was duly and legally published in the time, form and manner as required by law, shown by the Affidavit of Publication of the Resolution of Intention on file in the office of the City Clerk; and
B. At the time and place for which notice was given, the City Council conducted a public hearing and gave every interested person an opportunity to object to the proposed boundary, work or assessment; and
C. The City Council, having duly received and considered oral and documentary evidence concerning the jurisdictional facts in this proceeding and concerning the necessity for the contemplated work and benefits to be derived therefrom, has acquired jurisdiction to order the proposed assessment.

SECTION 2. That the proposed assessments relating to the District and Zones 1-15 were existing on the effective date of Article XIIID of the California Constitution. Zones 16, 17 & 18 were approved per the requirements of Article XIIID of the California Constitution. All zones were previously imposed, and for Fiscal Year 2024-2025 the zones where the assessment may be increased, the assessments will increase to the maximum allowable rate of 3.0%. Funds are to be used exclusively to finance the capital costs or maintenance and operation expenses for landscaping sidewalks, streets, sewers, water, flood control, drainage systems or vector control.

Pursuant to Section 5 (a) of Article XIID of the California Constitution, the proposed assessments to be levied and collected in the District and Zones 1-18 are, therefore, exempt from the procedures and approval process set forth in Section 4 of Article XIIID of the California Constitution.

SECTION 3. That the proposed assessments relating to Zones 1-18 were existing on the effective date of Article XIIID of the California Constitution or were voter approved and all such 120
2 assessments were imposed pursuant to a petition signed by the persons owning all of the parcels, subject to the assessment at the time the assessment was initially imposed. Pursuant to Section 5 (b) of Article XIIID of the California Constitution, the proposed assessments to be levied and collected in Zones 1-18 are, therefore, exempt from the procedures and approval process set forth in Section 4 of Article XIIID of the California Constitution.

SECTION 4. The Engineer's Report on file with the City Clerk, and each component part of it, including each exhibit incorporated by reference, as amended, if applicable, is hereby finally approved and adopted.

SECTION 5. The diagram and assessment prepared in connection with the District are hereby confirmed.

SECTION 6. The public interest and convenience requires the ordering the levy and collection of assessment for Fiscal Year 2024-2025 and the City Council hereby orders the levy and collection of assessments within the district and the zones, as set forth and described in the Resolution of Intention and in the Engineer's Report.

SECTION 7. The adoption of this Resolution constitutes the levy of the assessments as set forth in the Engineer's Report for Fiscal Year 2024-2025.

SECTION 8. The City Clerk is authorized and directed to file a certified copy of the diagram and assessment with the County Auditor of the County of Los Angeles no later than the 10th day of August 2024.

SECTION 9. The City Clerk is hereby authorized and directed to certify as to the adoption of this Resolution.

PASSED AND ADOPTED this 25th day of June 2024.

Vinh Truong, Mayor
City of Duarte
APPROVED AS TO FORM:
________________________________
Thai Viet Phan
City Attorney
ATTEST:
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3 ________________________________
Annette Juarez
City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Resolution No. 24-07 was adopted by the City Council of said City of Duarte at a regular meeting of said Council held on the 25th day of June, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Annette Juarez
City Clerk
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Landscape & Lighting District Page 1 2024-2025 Assessment Levy ENGINEER’S REPORT

SIDEWALKS, STREETS, SENIOR CENTER PAYMENT,

PARK AND SPECIAL ZONES

OF THE CITY OF DUARTE

LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT
2024-2025 ASSESSMENT LEVY
SECTION 1. AUTHORITY FOR REPORT
This report is prepared pursuant to an order of the City Council of the City of Duarte in compliance with the requirements of Article 4, Chapter 1, Landscape and Lighting Act of 1972, being Part 2, Division 15, of the Streets and Highways Code of the State of California (The "Act").

The Act was originally created by the State Legislature in 1972. On June 13, 1978, the City of Duarte created the City of Duarte Landscape and Lighting Maintenance District for the maintenance and servicing of Landscaping and Lighting. Since 1972, the Legislature has expanded the definition of landscaping, lighting, and the work that may be done under the Act. The City of Duarte has, over time; expanded the work to be done by the District to include all the work allowed under the Act.

This Assessment District, by special benefit assessments, provides funding for the maintenance of Cityowned parks, for the maintenance of the public landscaping in public owned properties or public rightof-way within the City, graffiti removal, maintenance of public-owned lighting, street lighting, traffic signals within the City, and funding towards the debt service of the Senior Center bond issue. The Senior Center bond issue was paid off in Fiscal Year 2017-18, thus the City wide street maintenance for a single family home was reduced by $5.84.

The voters on November 5, 1996 voted to adopt Proposition 218. Proposition 218 has the potential to have a great impact upon the way special assessments are used and assessed. The City Council has determined that the portion of the assessment devoted to street maintenance and the payment of the Senior Center bond is exempt from Prop. 218. In 1997, by majority vote of the property owners of all single family and condominiums within the City, it was determined to levy a park assessment of $59.42 against single family and condominium units within the City.

SECTION 2. PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS The plans and specifications for the irrigation, landscaping and lighting of streets, traffic signals and easements and authorized improvements within the City are on file in the Department of Community Development. The lighting locations and specifications for Edison-owned lights are on file with Southern California Edison Company. Reference is hereby made to said plans and specifications for the 123
Landscape & Lighting District Page 2 2024-2025 Assessment Levy exact location and nature of the landscape and lighting of park improvements. Said plans and specifications by reference are hereby made a part of this report.

SECTION 3. ESTIMATE OF COST OF IMPROVEMENT
The cost of the initial improvements of median island landscaping, street landscaping, traffic signals, street lighting, parking lot lighting, and bike paths were paid for from capital improvement funds, special grants, gas tax, prior assessment districts, subdividers, and general City revenues. The City Council in 1991 and 1992, as a result of two public hearings, determined to fund a portion of the Senior Center construction from the landscape assessment in accordance with the Act. With the Senior Center bond issue being paid off, no facilities are proposed to be funded from the district.

SECTION 4. CITYWIDE STREET AND SIDEWALK LANDSCAPING
The cost to maintain street landscaping and parkway trees as described in this section. The following is a general description of the areas being maintained:

1. All parkway trees maintained by the City.

2. Trees adjacent to Caltrans right-of-way on Evergreen Avenue, Flower Avenue to Brightside Avenue, Central Avenue, Buena Vista Street to Santo Domingo Avenue and Evergreen Street east of Mountain Avenue.

3. Street Landscaping
A. Duarte Road – Highland Avenue to Mountain Avenue hardscape, turf, trees, irrigation and groundcover.

B. Buena Vista Street – North and south of the 210 freeway turf, irrigation and groundcover.

C. Mountain Avenue – North and south of the 210 freeway turf, irrigation and groundcover.

D. Central Avenue – East and west of Buena Vista Street turf, trees, irrigation and groundcover.

E. Huntington Drive – Mountain Avenue to the east City limits, hardscape, turf, trees, irrigation and groundcover.

F. Encanto Parkway – Huntington Drive to Markwood, west side landscaping and irrigation. Fifty percent only of landscaping along Zone 5.

The cost to maintain shall include, but not limited to, watering, fertilizing, mowing, weed control, shrubbery, tree removal and pruning, maintenance of irrigation facilities, removal or covering of graffiti and repair and replacement of lighting.
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Landscape & Lighting District Page 3 2024-2025 Assessment Levy The cost to maintain and construct these facilities is considered a general property benefit and is assessed as a unit cost to each lot within the City, and to each apartment unit, hotel/motel room, trailer park space, and nursing home bed.

SECTION 5. CITYWIDE LANDSCAPING AND PARK COSTS
The cost to maintain parks, landscape area, and recreational facilities is described in this section. The following is a general description of the areas, parks and related landscaped areas being maintained as approved in the special
Assessment vote:

Parks
A. Bike Trail – Turf, trees, groundcover, asphalt and irrigation.

B. Thorsen Park – Turf, trees, groundcover and irrigation.

C. Moore Park – Turf, trees, groundcovers, playground and irrigation.

D. Entrance Park – Turf, trees, groundcover and irrigation.

E. Encanto Park – Turf, trees, groundcover, irrigation, tennis courts, basketball courts, athletic courts, restrooms and parking areas.

F. Beardslee Park – Turf, trees, groundcover, irrigation, hardscape and playground.

G. Duarte Park – Turf, trees, groundcovers, irrigation, hardscape, recreation building, playground and athletic courts.

H. Royal Oaks Park and Extension – Turf, trees, groundcover, irrigation, hardscape, recreation building, tennis courts, playgrounds and parking area.

I. Glenn Miller Park – Turf, trees, groundcover, irrigation, hardscape and playgrounds.

J. Hacienda Park – Turf, trees, groundcover, irrigation and playground.

K. Orange Blossom Park – Turf, trees, groundcovers, irrigation, and playground.

L. Town Center – Turf, trees, groundcover, irrigation, hardscape, swimming pool, recreation building, and parking area.

M. Northview Park – Turf and irrigation.

N. Senior Center – Turf, trees, groundcover, irrigation hardscape, recreation area and parking lot.

O. Otis Gordon Park
P. Lena Valenzuela Park
The cost to maintain shall include, but not limited to, watering, fertilizing, mowing, weed control, shrubbery, tree removal and pruning, maintenance of irrigation facilities, maintenance of park building and equipment, maintenance and replacement of recreation equipment, removal or covering of graffiti and repair and replacement of lighting.

SECTION 6. SENIOR CENTER
In Fiscal Year 2017/18 the bond issue was paid off, thus there will be no assessment. 125
Landscape & Lighting District Page 4 2024-2025 Assessment Levy SECTION 7. LIGHTING MAINTENANCE
The cost to maintain shall include, but not limited to, electrical service for all public lighting including parking lighting, repair and replacement of City-owned lights within public right-of-way, servicing of Southern California Edison owned lights as defined by the Act, repair and replacement of traffic signals.

The net amount to be assessed upon lands within the Assessment District in accordance with this Report is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing or public lighting facilities within such District.

The maintenance and servicing of public lighting facilities installed and constructed in public places provides a special benefit which is received by each and every assessed lot or parcel within the District, tending to enhance their value. The streets within the District improve access to all lots or parcels assessed. Street lighting also provides advertising visibility for business and commercial establishments.

The intensity or degree of illumination provided can have a bearing on the benefits of street lighting.

Thus, primary benefits of street lighting are for the convenience, safety, security, and protection of people. Secondary benefits are security or protection to property, property improvements and goods as set forth below:

1. Improvement to traffic circulation.

2. Reduction in night accidents and attendant human misery and economic loss.

3. Less vulnerability to criminal assault at night.

4. Promotion of business during nighttime hours for commercial properties.

5. Increased nighttime safety on roads and highways.

6. Improved ingress and egress to lots and parcels.

7. Reduction in vandalism and other criminal acts.

8. Reduction in burglaries.

9. The enhancement to the value of property which results from the foregoing benefits.

Intensity or degree of illumination provided on streets varies with the type of street, date of installation and the use of the property adjacent thereto.

The majority of parcels within the Lighting District are residential properties. A value of one (1) basis unit has been assigned to a residential unit. A residential unit is defined as a single-family unit, condominium unit, rental unit or apartment unit. Parcels in other land use categories, not used as residential, were than evaluated and rated by comparison with the basis unit.

Each land use evaluation takes into consideration – foot traffic, vehicular traffic, and hours of occupancy. Commercial and industrial properties have been assigned additional units based on the comparative benefits, number of people that would be expected to benefit from the lighting, security and 126
Landscape & Lighting District Page 5 2024-2025 Assessment Levy intensity of the lights provided. The average light intensities and energy consumption for commercial areas is greater than that required for residential areas.

SECTION 8. GRAFFITI REMOVAL
The cost for graffiti removal shall include, but not limited to, the cost of cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Graffiti removal is considered a general property benefit and is assessed in the same manner and is included in the Street and Sidewalk Landscape Assessment.

SECTION 9. TRAFFIC SIGNALS
The following traffic signals are entirely or partially maintained by the City. * Mountain Avenue at Huntington Drive.
* Mountain Avenue at Central Avenue.
* Mountain Avenue at Evergreen Street.
* Mountain Avenue at Best Buy
* Buena Vista Street at Huntington Drive.
* Buena Vista Street at Central Avenue.
* Buena Vista Street at Evergreen Street.
* Buena Vista Street at Duarte Road.
* Buena Vista Street at Village Road.
* Central Avenue at 210 Freeway Exit.
* Duarte Road at Circle Drive.
* Duarte Road at Hope Drive.
* Duarte Road at Village Road.
* Highland Avenue at Business Center Drive.
* Highland Avenue at Central Avenue.
* Huntington Drive at Highland Avenue.
* Huntington Drive at Mount Olive.
* Huntington Drive at Las Lomas Road.
* Huntington Drive at Crestfield Road.
* Huntington Drive at Mountain Vista Plaza.
* Huntington Drive at Pops Road.
* Huntington Drive at Brycedale Avenue.
* Royal Oaks Drive at Royal Oaks School.

SECTION 10. DIAGRAM FOR THE ASSESSMENT DISTRICT
A copy of the proposed assessment diagram is on file in the City Clerk’s office, and includes all the property within the City limits of the City of Duarte. Reference is made to the Los Angeles County Assessor Maps as to parcel location and dimensions. The City Council, at the time of formation of the District of 1978, determined that the public utilities right-of-ways should be assessed based upon the actual benefit to the public utility right-of-ways.
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Landscape & Lighting District Page 6 2024-2025 Assessment Levy SECTION 11. ASSESSMENT ZONES
Zone 1 All the Property within the City except those Properties in Zones 2 through 18 All properties that are not in a special zone are assessed within this zone. Assessment for areas without street lighting are reduced to reflect the cost component of the City’s budget. Areas with street lighting are assessed based upon a unit basis for single family zoned property and residentially used property.

Commercial, industrial and multi-residential zone properties are assessed based upon lot size and street frontage.

All of the properties in Zones 3 through 18 are assessed their share of the citywide lighting, street, sidewalk and park maintenance in addition to special maintenance assessment. Zone 2 is assessed specifically for their gas lights.

Street Lighting
The cost for street lighting in all zones is assessed to all residential lots based upon the special benefit and to commercial and industrial based upon frontage and area benefit.

Citywide Park Maintenance
The cost of park maintenance determined as a direct benefit is assessed to all single-family units and all condominium units based upon a unit assessment.

Citywide Street Maintenance Cost
The cost in all zones is assessed to all lots on a unit cost per lot, and to each apartment unit, hotel/motel room, trailer park space, and nursing home bed.

Zone 2 Mesa Area Gaslights
This area is served by gaslights. There are no “electric” street lights on the Mesa. Only the intersection lighting component of the street lighting cost is included in this zone. The cost of gas lighting is assessed equally to all lots. The cost to maintain the Rim Road slope constructed in 2008, which was a general fund expense is no longer included in this report. A capital improvement project resulting in the replacement of all the gas lighting fixtures was completed in FY 20-21 which utilized available reserves.

Zone 3 Emblem House Tract 33532
This zone was created at the request of the Developer (Emblem Homes), in lieu of a homeowner’s association. The Developer installed sprinkler guns to irrigate the natural area north of the homes for fire protection. The maintenance of the sprinkler guns is a special benefit to all lots within the subdivision. The areas adjacent to the landscaping are given a benefit of 30% greater than the remainder of the lots.

Lots 1, 2, 18-119 are not adjacent to landscape areas
Lots 3-17 are assessed a 30% surcharge.

As in previous years, the City’s General Fund has paid for this fire protection. 128
Landscape & Lighting District Page 7 2024-2025 Assessment Levy Zone 4 Las Lomas Villas Tracts 33964, 34892 & 35709
This zone was created at the request of the Developer in lieu of a homeowner’s association maintaining the landscaping. The Developer, for the benefit of all lots, installed the landscaping as a special benefit to all lots, within the tract and is assessed equally to all lots. The assessment is based on a voterapproved formula, which provides for an annual C.P.I. increase not to exceed 3%. The C.P.I. for the year ending December 31, 2023 was 3.5%. The maximum allowable C.P.I. increase of 3% would allow for an assessment increase of $13.91 per parcel to $477.63 per parcel. The levy is proposed to increase to $456.35 to balance the budget. The levy is still below the maximum assessment of $477.63.

Zone 5 Kaufman and Broad Development Phase 1 – Tract 35415(Encanto Parkway) This zone was created at the request of the Developer in lieu of a homeowner’s association maintaining the landscaping. The entrance landscaping on Encanto Parkway was installed by the Developer, as a special benefit to all lots, within the tract and is assessed equally to all lots. Since the extension landscaping along Encanto Parkway is also being considered a Citywide benefit, a portion of the budget has been moved to the Citywide Street portion of the Assessment District. The resulting contribution to the zone amounts to $7,532.00, an equal portion of the total zone assessment levied on the respective parcels.

An increase in assessment was proposed for Fiscal Year 2010-11. This increase was subject to the requirements of Proposition 218 “the Right to Vote on Taxes Act”. The increase was not approved by the property owners. Consequently, the level of maintenance was reduced to balance the expenditures with the assessment. For this Fiscal Year, reserves will be held to fund future improvements focusing on enhancing water efficacy.

Zone 6 Kaufman and Broad Development Phase II – Tracts 35631 and 41717 (Rancho Verde) This zone was created at the request of the Developer in lieu of a homeowner’s association maintaining the landscaping. The landscaping was installed by the Developer, for the special benefit to all lots, and is assessed equally to all lots. There was a significant increase in water usage the “system” is being reevaluated.

Zone 7 Amberwood Tract 35711
This zone was created at the request of the Developer in lieu of a homeowner’s association maintaining the landscaping. The landscaping was installed by the Developer, for the special benefit to all lots, and is assessed equally to all lots. The assessment formula is based upon a voter approved formula which provides for an assessment increase (CPI) not to exceed 3% a year. The C.P.I. for the year ending December 31, 2023 was 3.5%. The maximum allowable C.P.I. increase of 3% would allow for an assessment increase of $15.56 per parcel to a maximum of $534.33 per parcel. For Fiscal Year 2024-25, the levy is proposed be at $525.50, which is below the maximum allowable levy. 129
Landscape & Lighting District Page 8 2024-2025 Assessment Levy Zone 8 Village at Windsor Tract 39457
This zone was created at the request of the Developer in lieu of a homeowner’s association maintaining the landscaping. The landscaping was installed by the Developer, for the special benefit of all lots, and is assessed equally to all lots. The assessment formula is based upon a voter approved formula which provides for an assessment increase (CPI) not to exceed 3% a year. The C.P.I. for the year ending December 31, 2023 was 3.5%. A maximum allowable C.P.I. increase of 3% would allow for an assessment increase of $12.41 per parcel to a maximum of $426.12 per parcel. For Fiscal Year 2024-25, the levy is proposed be at the maximum assessment of $426.12.

Zone 9 Tract 32993 (Kendrick Tract) and Tracts 35135, 35136, 35137 (Hearthstone Homes) This zone was created at the request of the Developer in lieu of a homeowner’s association maintaining the landscaping. The landscaping was installed by the Developer, for the special benefit of all lots, and is assessed equally to all lots. An increase in assessment was proposed for Fiscal Year 2010-11. This increase was subject to the requirements of Proposition 218 “the Right to Vote on Taxes Act”. The increase was not approved by the property owners. While the level of maintenance was reduced, increases to water costs are contributing to the annual budget exceeding revenue from assessments.

Zone 10 Tracts 35138, 35139, 38393 & 39932 (Hearthstone Del Norte) This zone was created at the request of the Developer in lieu of a homeowner’s association maintaining the landscaping. The tracts are specially benefited equally by the landscaping installed by the Developer except for the lots adjacent to that landscaping maintained by the district, which has an additional special benefit of 10%. A major brush clearing project is proposed for this fiscal year using previous years surpluses.

Total lot count not assessed the additional 10% = 170 lots Lots assessed 10% additional benefit:
(2) Lots 18, 20 (Tract 35139)
(4) Lots 25-28 (Tract 39932)
(11) Lots 10, 11, 17-20, 31-34, 39 (Tract 38393)
Zone 11 Tract 42150 (TKI Townhomes)
This zone was created at the request of the Developer in lieu of a homeowner’s association maintaining the landscaping. The landscaping was installed by the Developer, for the special benefit to all lots. The Board of Directors of the Home Owners Association in 2004 requested that the City allow the Home Owners Association to maintain the landscaping. The request was approved. A zero assessment for the landscaping within this zone has thus been shown.

Zone 12 Tract 33704 (Benchmark Homes)
This zone has been eliminated.
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Landscape & Lighting District Page 9 2024-2025 Assessment Levy Zone 13 Mike’s Center
This zone was created, at the request of the property owners, to maintain improvements installed by the City and financed by the property owners with assistance from Community Development Block Grant Funds. The lighting and landscaping was installed as a special benefit to all lots and is assessed based on lot area.

Zone 14 Tract 51911 (Las Brisas Development)
This zone was created upon the request of the Developer in lieu of a homeowner’s association maintaining the landscaping. The landscaping was installed by the Developer, for the special benefit to all lots, and is assessed on a per lot basis. This zone was formed in 1995. At the time of the formation of this zone, the assessment was based upon a formula, which recognized the increase of inflation. The C.P.I. for the year ending December 31, 2023 was 3.5%. A 3% C.P.I. would allow for an assessment increase of $17.92 per parcel to $615.16 per parcel. For Fiscal Year 2024-25, the levy of $579.84 is required to balance the expenses.

Zone 15 Tracts 52121 and 52255 (Las Posadas Development) This zone was created in 1997 upon the request of the developer in lieu of a homeowners association maintaining the landscaping. The landscaping was installed by the developer, for the special benefit to all lots, and is assessed on a per lot basis. At the time of formation of the zone, the assessment was based upon a formula which allows for an assessment increase of up to 3% per year. The C.P.I. for the year ending December 31, 2023 was 3.5%. The maximum allowable C.P.I. increase of 3% would allow for an assessment increase of $16.69 per parcel to $572.90 per parcel. The maximum assessment of $572.90 is proposed for Fiscal Year 2024-25.

Zone 16 Tract 52337 (Buena Vista Villas)
This zone was created upon the request of the developer and a vote of the property owner in 1998. The developer installed all the landscaping to specially benefit all lots equally, therefore the assessment is levied on a per lot basis. This zone was created in 1998. The assessment is based upon a formula which provides for an assessment increase of up to 3% per year. The C.P.I. for the year ending December 31, 2023 was 3.5%. The maximum allowable C.P.I. increase of 3% raises the maximum assessment by $17.78 per parcel from $592.64 to $610.42 per parcel. For Fiscal Year 2024-25, the maximum levy of $610.42 per parcel is required, with the utilization of reserves to balance expenses.

Zone 17 Tract 52704 (Citrus Collection)
This zone was created upon the request of the developer and a vote of the property owner in 2000. The developer installed all the landscaping to specially benefit all lots equally, therefore the assessment is levied on a per lot basis. The assessment formula is based upon a formula which provides for an assessment increase of up to 3% per year. The C.P.I. for the year ending December 31, 2023 was 3.5%.

The maximum allowable C.P.I. increase of 3% raises the maximum assessment by $25.34 per parcel from $844.55 to $869.89 per parcel. For Fiscal Year 2024-25, a levy of $695.00 per parcel is required to balance expenses and contribute to the fund reserve which is less than the maximum allowed assessment of $869.89 per parcel.
131
Landscape & Lighting District Page 10 2024-2025 Assessment Levy Zone 18 Tract 52867(Ridgecrest Estates)
This zone was created upon the request of the developer and a vote of the property owners in 2011. The developer installed all the landscaping to specially benefit all lots equally and the drainage improvements to benefit the development specifically and the City generally equally. The development share of the drainage improvements benefits all the lots equally. The assessment is levied thus on a per lot basis. The assessment formula is based upon a formula which provides for an assessment increase based on the CPI with a maximum of 3% per year. The special assessment was approved on December 13, 2011 per Resolution 11-49. The CPI for the year ending December 31, 2023 was 3.5%. The maximum allowable C.P.I. increase of 3% raises the maximum assessment by $52.57 per parcel from $1,752.48 to $1,805.05. For Fiscal Year 2024-25, a maximum levy of $1,805.05 per parcel is required to balance expenses with the application of reserves. A general benefit contribution from the City in the amount of $2,000.00 is applied to cover half of the annual maintenance cost for the debris basin and storm drain system in this Zone. As in past years, a brush clearance and replanting project will occur again in Fiscal Year 2024-25.
132
Landscape & Lighting District Page 11 2024-2025 Assessment Levy 2024-25 CITYWIDE DISTRICT

AND SPECIAL BENEFIT ZONE CALCULATIONS
Citywide Parks, Lighting and Street
Parks, Lighting, & Street $1,485,400.00
General Fund Contribution (Deficit) $ (787,155.00)
Total Citywide Assessment for 2024-2025 $ 698,245.00
Parks
Park Maintenance* $ 805,782.00
General Fund Contribution (Deficit) $ (470,772.00)
Total Parks Assessment $ 335,010.00
Street Lighting
Lighting Maintenance $ 424,900.00
General Fund Contribution (Deficit) $ (244,806.00)
Total Citywide Lighting Assessments $ 180,094.00
Citywide Street
Street Maintenance Cost $ 254,718.00
General Fund Contribution (Deficit) $ ( 71,577.00)
Total Citywide Street Assessments $ 183,141.00
Special Benefit Zone Maintenance Cost
Maintenance Expenses & Transfers to Reserve Funds $ 376,763.00 Transfers From Reserves *** $ (45,743.00)
Transfers from General Fund $ (0.00)
General Fund Obligated Expenses ** $ (15,932.00)
Total Special District Assessments for 2024-2025 $ 315,088.00 Grand Total Citywide $ 1,013,333.00
and Special Benefit Zones Assessments for 2024-25
* This does not include the sports park maintenance costs which cannot be included in the District. ** Includes $6,400.00 (Emblem Homes Zone 3), $7,532.00 (Encanto Parkway Zone 5), and $2,000.00 (Ridgecrest Estates Zone 18).
*** Includes $7,000 (Zone 2 Mesa Area), $5,636 (Zone 5 Encanto Parkway), $2,054 (Zone 6 Rancho Verde), $1,381 (Zone 8 Windsor), $5,338 (Zone 9 Kendrick), $15,724 (Zone 10 Hearthstone Del Norte), $1,472 (Zone 13 Mike’s Center), $47 (Zone 15 Las Posadas), $5,567 (Zone 16 Buena Vista), $1,524 (Zone 18 Ridgecrest). In instances where a zone balance is in a deficit, reserves applied to the annual budget will be an obligation of the respective zone unless otherwise approved by the City. 133
Landscape & Lighting District Page 12 2024-2025 Assessment Levy 2024-25 CITYWIDE STREET LIGHTING

AND SPECIAL BENEFIT ZONE CALCULATIONS
ZONE DISTRICT 2022-23 2023-24 2024-25
1 Lighting $30.44 $30.44 $30.44
Street Maintenance $15.74 $15.74 $15.74
Parks $59.42 $59.42 $59.42
(Average Single Family)
Sub-Total $105.60 $105.60 $105.60
2 Mesa Area $218.38 $218.38 $218.38
3 Emblem Homes
Base Cost $105.60 $105.60 $105.60
Surcharge Lots $105.60 $105.60 $105.60
4 Las Lomas Villas $538.94 $542.10 $561.95
5 Encanto Parkway $167.34 $167.34 $167.34
6 Rancho Verde $324.10 $324.10 $324.10
7 Amberwood $609.26 $624.37 $631.10
8 Windsor $507.25 $519.31 $531.72
9 Kendrick, Hearthstone $139.05 $139.05 $139.05
10 Hearthstone
Base Cost $251.59 $251.59 $251.59
Surcharge Lots $267.81 $267.81 $267.81
11 T.K.I. Townhomes $105.60 $105.60 $105.60
12 Benchmark Homes $105.60 $105.60 $105.60
134
Landscape & Lighting District Page 13 2024-2025 Assessment Levy 2024-25 CITYWIDE STREET AND

SPECIAL DISTRICT ASSESSMENT COMPARISON
ZONE DISTRICT 2022-23 2023-24 2024-25
13 Mike’s Center
8530-018-027 $2,249.29 $2,249.29 $2,249.29
8530-018-028 $1,107.02 $1,107.02 $1,107.02
8530-018-029 $1,151.32 $1,151.32 $1,151.32
8530-018-030 $ 525.08 $ 525.08 $525.08
8530-018-031 $ 525.08 $ 525.08 $525.08
8530-018-032 $ 525.08 $ 525.08 $525.08
8530-018-033 $2,318.65 $2,318.65 $2,318.65
8530-018-034 $2,907.77 $2,907.77 $2,907.77
8530-018-054 $1,810.27 $1,810.27 $1,810.27
8530-018-055 $8,813.93 $8,813.93 $8,813.93
$21,933.49 $21,933.49 $21,933.49
14 Las Brisas $685.44 $685.44 $685.44
15 Las Posadas $645.60 $661.81 $678.50
16 Buena Vista Villas $680.98 $698.24 $716.02
17 Citrus Collection $701.05 $773.78 $800.60
18 Ridgecrest Estates $1,065.60 $1,858.08 $1,886.65
*Citywide only within this Special Benefit Zone.
135
Landscape & Lighting District Page 14 2024-2025 Assessment Levy ZONE 2 – MESA AREA
(FUND 2430)
ESTIMATED EXPENSES 2024-25
Gas $15,000.00
Repairs $ 1,000.00
Capital Improvements (Replacement) $ 0.00
Personnel $ 3,800.00
Transfer to Reserve $ 0.00
Total Expenses $19,800.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $12,800.00
Transfer From Reserve $ 7,000.00
Transfer From General Fund $ 0.00
Total Revenue $19,800.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 $22,356.00
2021 ($3,208.00)
2022 ($6,857.00)
2023 ($12,089.00)
2024 ($14,320.00) Estimated
*Estimated Year End Balance
Zone 2 Information
Number of lots to be assessed 100
GAS LIGHTING – COST PER LOT $ 128.00
Intersection Only Lighting – Cost Per Lot $ 15.22
Citywide Street Maintenance - Cost Per Lot $ 15.74
Park Assessment Per Lot $ 59.42
TOTAL COST PER LOT $ 218.38
136
Landscape & Lighting District Page 15 2024-2025 Assessment Levy ZONE 3 – EMBLEM HOMES
(FUND 2429)
ESTIMATED EXPENSES 2024-25
Water $ 4,000.00
Electric $ 300.00
Repairs and Replacement $ 1,000.00
Personnel $ 1,100.00
Transfer to Reserve $ 0.00
Total Expenses $6,400.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $ 0.00
Transfer From Reserve $ 0.00
Transfer From General Fund (Obligation)** $ 6,400.00
Total Revenue $6,400.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 $0
2021 $0
2022 $0
2023 $0
2024 $0
Zone 3 Information
Number of lots to be assessed 121

LANDSCAPE COST PER LOT
Base Cost 100 $ 0
Surcharge Lots 19 + 30% $ 0
Street Lighting Cost Per Lot $ 30.44
City-Wide Street Maintenance Per Lot $ 15.74
Park Assessment Per Lot $ 59.42

TOTAL COST PER LOT
Base Cost $ 105.60
Surcharge $ 105.60
137
Landscape & Lighting District Page 16 2024-2025 Assessment Levy ZONE 4 – LAS LOMAS VILLAS
(FUND 2421)
ESTIMATED EXPENSES 2024-25
Water $ 20,000.00
Electric $ 500.00
Repairs and Replacement $ 5,000.00
Landscape Maintenance $ 17,000.00
Personnel $ 10,000.00
Tree Trimming within Landscape Area $ 5,000.00
Transfer to Reserve $ 0.00
Total Expenses $57,500.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $ 57,500.00
Transfer From Reserve $ 0.00
Transfer From General Fund $ 0.00
Total Revenue $57,500.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 $13,401.00
2021 $15,767.00
2022 $18,719.00
2023 $28,740.00
2024 $33,430.00 (Estimated)
Zone 4 Information
Number of lots to be assessed 126
Landscape Per Lot $ 456.35
Street Lighting Cost Per Lot $ 30.44
Citywide Street Maintenance Cost Per Lot $ 15.74
Park Assessment Per Lot $ 59.42
TOTAL COST PER LOT $ 561.95
138
Landscape & Lighting District Page 17 2024-2025 Assessment Levy ZONE 5 – ENCANTO PARKWAY
(FUND 2422)
ESTIMATED EXPENSES 2024-25
Water $ 5,300.00
Electric $ 1,100.00
Repairs and Replacement $ 2,500.00
Landscape Maintenance $ 5,800.00
Tree Replanting Project $ 2,600.00
Personnel $ 3,400.00
Transfer to Reserve $ 0.00
Total Expenses $20,700.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $ 7,532.00
Transfer From Reserve $ 5,636.00
Transfer From General Fund (Citywide Benefit)** $ 7,532.00 Total Revenue $20,700.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 $0.00
2021 $7,884.00
2022 $9,494.00
2023 $8,592.00
2024 $6,209.00 (Estimated)
Zone 5 Information
Number of lots to be assessed 122
Landscape Per Lot $ 61.74
Street Lighting Cost Per Lot $ 30.44
Citywide Street Maintenance Cost Per Lot $ 15.74
Park Assessment Per Lot $ 59.42
TOTAL COST PER LOT $ 167.34
139
Landscape & Lighting District Page 18 2024-2025 Assessment Levy ZONE 6 – RANCHO VERDE
(FUND 2427)
ESTIMATED EXPENSES 2024-25
Water $ 9,000.00
Electric $ 600.00
Repairs and Replacement $ 1,200.00
Landscape Maintenance $10,700.00
Personnel $ 5,900.00
Transfer to Reserve $ 0.00
Total Expenses $27,400.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $ 25,346.00
Transfer From Reserve $ 2,054.00
Transfer From General Fund $ 0.00
Total Revenue $27,400.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 ($9,506.00)
2021 ($15,052.00)
2022 ($20,002.00)
2023 ($19,590.00)
2024 ($22,024.00) Estimated
Zone 6 Information
Number of lots to be assessed 116
Special Landscape Per Lot $ 218.50
Street Lighting Cost Per Lot $ 30.44
Citywide Street Maintenance Cost Per Lot $ 15.74
Park Assessment Per Lot $ 59.42
TOTAL COST PER LOT $ 324.10
140
Landscape & Lighting District Page 19 2024-2025 Assessment Levy ZONE 7 – AMBERWOOD
(FUND 2423)
ESTIMATED EXPENSES 2024-25
Water $ 9,300.00
Electric $ 300.00
Repairs and Replacement $ 1,500.00
Landscape Maintenance $13,500.00
Personnel $ 2,200.00
Transfer to Reserve $ 0.00
Total Expenses $26,800.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $ 26,800.00
Transfer From Reserve $ 0.00
Transfer From General Fund $ 0.00
Total Revenue $26,800.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 $17,879.00
2021 $20,809.00
2022 $22,877.00
2023 $23,936.00
2024 $28,094.00 (Estimated)
Zone 7 Information
Number of lots to be assessed 51
Landscape Per Lot $ 525.50
Street Lighting Cost Per Lot $ 30.44
Citywide Street Maintenance Cost Per Lot $ 15.74
Park Assessment Per Lot $ 59.42
TOTAL COST PER LOT $ 631.10
141
Landscape & Lighting District Page 20 2024-2025 Assessment Levy ZONE 8 – WINDSOR
(FUND 2424)
ESTIMATED EXPENSES 2024-25
Water $ 4,000.00
Electric $ 300.00
Repairs and Replacement $ 1,600.00
Landscape Maintenance $ 9,300.00
Personnel $ 2,800.00
Transfer to Reserve $ 0.00
Total Expenses $18,000.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $16,618.68
Transfer from Reserve $ 1,381.32
Transfer from General Fund $ 0.00
Total Revenue $18,000.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 $3,432.00
2021 $4,805.00
2022 $7,140.00
2023 $9,377.00
2024 $10,690.00 (Estimated)
Zone 8 Information
Number of lots to be assessed 39
Special Landscape per Lot $ 426.12
Street Lighting Cost Per Lot $ 30.44
Citywide Street Maintenance Cost Per Lot $ 15.74
Park Assessment Per Lot $ 59.42
CITYWIDE ONLY COST PER LOT $ 531.72
142
Landscape & Lighting District Page 21 2024-2025 Assessment Levy ZONE 9 – KENDRICK (TRACT 32993)
HEARTHSTONE (TRACTS 35135, 35136, 35137)
(FUND 2420)
ESTIMATED EXPENSES 2024-25
Water $ 5,000.00
Repairs and Replacement $ 500.00
Landscape Maintenance $ 5,900.00
Personnel $ 2,200.00
Transfer to Reserve $ 0.00
Total Expenses $13,600.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $ 8,262.00
Transfer From Reserve $ 5,338.00
Transfer From General Fund $ 0.00
Total Revenue $13,600.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 ($1,884.00)
2021 ($3,599.00)
2022 $2,522.00
2023 ($149.00)
2024 ($2,638.00) (Estimated)
Zone 9 Information
Number of lots to be assessed 247
Special Landscape Per Lot $ 33.45
Street Lighting Cost Per Lot $ 30.44
Citywide Street Maintenance – Cost Per Lot $ 15.74
Park Assessment Per Lot $ 59.42
TOTAL COST PER LOT $ 139.05
143
Landscape & Lighting District Page 22 2024-2025 Assessment Levy ZONE 10 – HEARTHSTONE DEL NORTE
(TRACTS 35128, 35139, 38393, 39932)
(FUND 2425)
ESTIMATED EXPENSES 2024-25
Other Services $ 2,000.00
Water $ 15,000.00
Electric $ 3,600.00
Repairs and Replacements $ 500.00
Landscape Maintenance $ 5,000.00
Brush Clearance & Related Maintenance $14,000.00
Personnel $ 3,200.00
Transfer to Reserve $ 0.00
Total Expenses $43,300.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $ 27,576.00
Transfer From Reserve $ 15,724.00
Transfer From General Fund $ 0.00
Total Revenue $43,300.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 $15,230.00
2021 $8,843.00
2022 $2,969.00
2023 ($ 5,563.00)
2024 ($ 15,814.00) (Estimated)
Zone 10 Information
Number of lots to be assessed 187

LANDSCAPE COST PER LOT
Base Cost (170) $ 145.99
Surcharge Lots (17) $ 162.21
Street Lighting Cost Per Lot $ 30.44
Citywide Street Maintenance Cost Per Lot $ 15.74
Park Assessment Per Lot $ 59.42
144
Landscape & Lighting District Page 23 2024-2025 Assessment Levy ZONE 10 – HEARTHSTONE DEL NORTE
(TRACTS 35128, 35139, 38393, 39932)
(FUND 2425)

TOTAL COST PER LOT
Base Cost $ 251.59
Surcharge Lots $ 267.81
145
Landscape & Lighting District Page 24 2024-2025 Assessment Levy ZONE 11 – T.K.I. TOWNHOMES
(FUND 2428)
ESTIMATED EXPENSES 2024-25 $0
ESTIMATED REVENUE 2024-25 ($0)
Zone 11 Information
Number of lots to be assessed 17
LANDSCAPE COST PER LOT $ 0
Street Lighting Cost Per Lot $ 30.44
Citywide Street Maintenance Cost Per Lot $ 15.74
Park Assessment Per Lot $ 59.42
TOTAL COST PER LOT $ 105.60
146
Landscape & Lighting District Page 25 2024-2025 Assessment Levy ZONE 13 – MIKE’S CENTER
(FUND 2426)
ESTIMATED EXPENSES 2024-25
Parking Lot Sweeping $ 9,500.00
Water $ 800.00
Electric $ 4,500.00
Repairs and Replacements $ 700.00
Landscape Maintenance $ 4,000.00
Personnel $ 2,600.00
Transfer to Reserve $ 0.00
Total Expenses $22,100.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $20,628.00
Transfer From Reserve $ 1,472.00
Transfer From General Fund $ 0.00
Total Revenue $22,100.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 $8,080.00
2021 $11,535.00
2022 $14,824.00
2023 $17,169.00
2024 $16,685.00 (Estimated)
Zone 13 Information
Number of lots to be assessed 10

LANDSCAPE COST PER LOT
TOTAL COST PER AREA: $0.09503/sq. ft.
147
Landscape & Lighting District Page 26 2024-2025 Assessment Levy ZONE 13 – MIKE’S CENTER
(FUND 2426)
2024/25 2024/25 2024/25
Parcel Square Landscape Frontage Citywide Total
Number Feet Assessment Feet Street Assessment
Maintenance
8530-018-027 22,216 $2,111.24 89.21 $138.05 $2,249.29
8530-018-028 10,890 1,034.90 43.92 72.12 1,107.02
8530-018-029 11,325 1,076.24 46.08 75.08 1,151.32
8530-018-030 5,125 487.04 20.50 38.04 525.08
8530-018-031 5,125 487.04 20.50 38.04 525.08
8530-018-032 5,125 487.04 20.50 38.04 525.08
8530-018-033 23,087 2,194.01 80.00 124.64 2,318.65
8530-018-034 28,750 2,732.18 115.00 175.59 2,907.77
8530-018-054 17,860 1,697.28 72.00 112.99 1,810.27
8530-018-055 87,560 8,321.03 333.00 492.90 8,813.93
217,063 $20,628.00 840.71 $1,305.49 $21,933.49
148
Landscape & Lighting District Page 27 2024-2025 Assessment Levy ZONE 14 – LAS BRISAS HOMES
(FUND 2431)
ESTIMATED EXPENSES 2024-25
Water $ 5,000.00
Electric $ 300.00
Repairs and Replacements $ 2,700.00
Landscape Maintenance $10,700.00
Personnel $ 3,500.00
Transfer to Reserve $ 1,573.00
Total Expenses $23,773.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $ 23,773.00
Transfer From Reserve $ 0.00
Transfer From General Fund $ 0.00
Total Revenue $23,773.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 $3,187.00
2021 $4,173.00
2022 $5,859.00.
2023 $9,386.00
2024 $10,591.00 (Estimated)
Zone 14 Information
Number of lots to be assessed 41
Landscape Per Lot $ 579.84
Street Lighting Cost Per Lot $ 30.44
Citywide Street Maintenance $ 15.74
Park Assessment Per Lot $ 59.42
TOTAL COST PER LOT $ 685.44
149
Landscape & Lighting District Page 28 2024-2025 Assessment Levy ZONE 15 – LAS POSADAS HOMES
(FUND 2432)
ESTIMATED EXPENSES 2024-25
Water $ 5,000.00
Electric $ 300.00
Repairs and Replacements $ 500.00
Landscape Maintenance $ 14,100.00
Personnel $ 6,500.00
Transfer to Reserve $ 0.00
Total Expenses $26,400.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $ 26,353.00
Transfer From Reserve $ 47.00
Transfer From General Fund $ 0.00
Total Revenue $26,400.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 ($539.00)
2021 ($3,495.00 )
2022 ($2,281.00)
2023 ($662.00)
2024 ($1,119.00) (Estimated)
Zone 15 Information
Number of lots to be assessed 46
LANDSCAPE COST PER LOT $ 572.90
Street Lighting Cost Per Lot $ 30.44
City-wide Street Maintenance $ 15.74
Park Assessment Per Lot $ 59.42
TOTAL COST PER LOT $ 678.50
150
Landscape & Lighting District Page 29 2024-2025 Assessment Levy ZONE 16 – BUENA VISTA VILLAS
(FUND 2433)
ESTIMATED EXPENSES 2023-2024
Water $ 7,200.00
Electric $ 300.00
Repairs and Replacements $ 4,900.00
Landscape Maintenance $ 9,000.00
Personnel $ 3,700.00
Transfer to Reserve $ 0.00
Total Expenses $25,100.00
Estimated Revenue 2024-25
Special Zone Assessment 2024-25 $ 19,533.00
Transfer From Reserve $ 5,567.00
Transfer From General Fund $ 0.00
General Revenue $25,100.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 $12,956.00
2021 $7,407.00
2022 $7,492.00
2023 $9,613.00
2024 $13,286.00 (Estimated)
Zone 16 Information
Number of lots to be assessed 32
LANDSCAPE COST PER LOT $ 610.42
Street Lighting Cost per Lot $ 30.44
Citywide Street Maintenance $ 15.74
Park Assessment Per Lot $ 59.42
TOTAL COST PER LOT $ 716.02
151
Landscape & Lighting District Page 30 2024-2025 Assessment Levy ZONE 17 – CITRUS COLLECTION
(FUND 2434)
ESTIMATED EXPENSES 2024-25
Water $ 5,000.00
Electric $ 300.00
Repairs and Replacements $ 500.00
Landscape Maintenance $ 6,000.00
Personnel $ 2,900.00
Transfer to Reserve $ 590.00
Total Expenses $15,290.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $ 15,290.00
Transfer From Reserve $ 0.00
Transfer From General Fund $ 0.00
Total Revenue $15,290.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND
Fiscal Year
Ending
Balance
2020 $5,444.00
2021 $6,100.00
2022 $7,735.00
2023 $7,439.00
2024 $7,582.00 (Estimated)
Zone 17 Information
Number of lots to be assessed 22
LANDSCAPE COST PER LOT $ 695.00
Street Lighting Cost Per Lot $ 30.44
Citywide Street Maintenance $ 15.74
Park Assessment Per Lot $ 59.42
TOTAL COST PER LOT $ 800.60
152
Landscape & Lighting District Page 31 2024-2025 Assessment Levy ZONE 18 – RIDGECREST ESTATES
(FUND 2435)
ESTIMATED EXPENSES 2024-25
Fuel Modification $ 9,000.00
Water $ 6,000.00
Electric $ 400.00
Repairs and Replacements $ 1,200.00
Landscape Maintenance $ 8,500.00
Debris Basins/Storm Drain System** $ 4,000.00
Personnel $ 1,500.00
Reserve/Contingency (15% max) $ 0.00
Transfer to Reserve $ 0.00
Total Expenses $30,600.00
ESTIMATED REVENUE 2024-25
Special Zone Assessment 2024-25 $27,075.75
Transfer From Reserve $ 1,524.25
Transfer From General Fund** $ 2,000.00
Total Revenue $30,600.00
5-YEAR CAPITAL LANDSCAPE RESERVE FUND***
Fiscal Year
Ending
Balance
2020 $30,602.00
2021 $18,361.00
2022 $7,125.00
2023 $20,444.00
2024 $18,527.00 (Estimated)
Zone 18 Information
Number of lots to be assessed 15
LANDSCAPE COST PER LOT $1,805.05
Street Lighting Cost per Lot $ 30.44
Citywide Street Maintenance $ 15.74
Park Assessment Per Lot $ 59.42
TOTAL COST PER LOT $ 1,910.65
*Previously approved by Resolution 11-49.
** City general fund contributing one half of estimated cost for the purpose of addressing the General benefit. ***Reserve Fund necessary for extraordinary debris removal from debris basins resulting from high intensity storms.
153
ITEM: 15.A
Appointments to the 2024/25 Mayor's Youth Council
Recommended Action:

Appoint all sixteen (16) candidates that applied to serve on the 2024/25 Mayor’s Youth Council.

Attachments:

15.A - Staff Report - Appointments to the 2024 25 Mayor's Youth Council.pdf 154
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ITEM: 15.B
Award of Contract - Royal Oaks Park Pickleball Court Conversion and Tennis Court Resurfacing Project (24-12)
Recommended Action:
1) Award the construction contract for the Royal Oaks Park Pickleball Court Conversion and Tennis Court Resurfacing Project, to Trueline Construction & Surfacing, Inc., as the lowest responsive and responsible bidder in the amount of $116,462, in addition to a ten percent contingency and 2) Approve a total project budget amendment of $54,109 from the Park Improvements fund.

Attachments:

15.B - Staff Report - AOC Royal Oaks Park Pickleball Court Conversion and Tennis Court Resurfacing Project.pdf

15.B - Agreement for Construction or Maintenance Services with Trueline Construction & Surfacing, Inc.pdf
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CITY OF DUARTE

AGREEMENT FOR CONSTRUCTION OR MAINTENANCE SERVICES

THIS AGREEMENT FOR CONSTRUCTION OR MAINTENANCE SERVICES (“Agreement”), made and effective as of ___________ (“Effective Date”), by and between the City of Duarte (“City”), and Trueline Construction & Surfacing, Inc., a California corporation, (“Contractor”). Contractor and the City are hereafter together referred to as the “Parties” and each individually as a “Party.” 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.

This Agreement is made and entered into with respect to the following facts:

A. That City desires to obtain through Contractor the work set forth and described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference (“Contractor Services”).

B. That Contractor represents to the City that Contractor is well qualified to perform the Contractor Services by reason of Contractor’s training, expertise, experience, and background.

C. That the public interest, convenience, and necessity require that City obtain the Contractor Services upon the terms and conditions set forth herein.

D. That City and Contractor mutually desire to enter into this Agreement for the provision of the Contractor Services by Contractor for and on behalf of City, in accordance with the terms and conditions set forth herein.

2. SERVICES AND WORK
A. Provision of Contractor Services. During the term of this Agreement, Contractor shall provide the Contractor Services as set forth in Exhibit A. Time is of the essence for this Agreement.

B. Additional Services. If City desires to add additional work, services, work locations, or service locations not specifically described in Exhibit A (“Additional Services”), City shall notify Contractor thereof at least thirty (30) days in advance of the time such Additional Services shall commence. Contractor shall perform such Additional Services, and compensation for the work performed shall be paid by City in accordance with the Budget and Fee Schedule attached hereto as Exhibit B and incorporated herein by this reference, or as otherwise may be agreed in writing by City and Contractor. It is expressly understood by Contractor that the provisions of this Subsection 2(B) shall not apply to work specifically set forth in Exhibit A or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the work to be performed as included in Scope of Work 160
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may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation. Unless contradictory of this Subsection 2(B), all provisions in this Agreement applicable to Contractor’s performance of the Contractor Services shall also apply to the Additional Services.

C. Standard of Performance. In performing the Contractor Services, Contractorshall use the skill and care that a highly specialized professional with significant expertise in the field would use under similar circumstances. To the extent that Contractor retains subcontractors to perform any portion of any of the Contractor Services, Contractor has a duty to City to ensure that the tasks, work, and services performed by such subcontractors meet the same highly specialized professional level, skill, and expertise expected of Contractor.

D. Labor, Equipment, Materials. Contractor shall equip itself with all necessary labor, equipment, and materials to perform the Contractor Services specified in this Agreement. Contractor represents that the Contractor Services will be performed by Contractor 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 laws to perform the Contractor Services. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of the Contractor Services and as required by law. Contractor ensures that all goods, materials, equipment, or personal property included within the Contractor Services shall be of good quality and fit for the purpose intended.

E. Work Site. Contractor has or will investigate the work site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Contractor Services. Should Contractor discover any conditions, including any latent or unknown conditions, which will materially affect the performance of the Contractor Services, Contractor shall immediately inform City of such fact in writing and shall not proceed except at Contractor’s risk until written instructions are received from the City Representative (as defined below).

F. Independent Contractor. All Contractor Services, and all work, services, labor, equipment, and materials furnished in conjunction therewith shall be furnished by Contractor as an independent contractor, subject to the inspection and approval of City, or the City Representative (as defined below). City shall have the right to control Contractor only as to results of the Contractor Services rendered pursuant to this Agreement. Neither City nor any of its officers, officials, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents. Contractor 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, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. No City-provided employee benefits shall be available to the Contractor or any of Contractor’s employees in connection with this Agreement.

Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Contractor 161
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Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Contractor Services hereunder.

3. AUTHORITY OF THE CITY REPRESENTATIVE
A. City Representative. The “City Representative” shall be the Director of Parks & Recreation of City of Duarte, acting personally or through their duly authorized agents, each agent acting only within the scope of authority delegated to them.

B. Scope of Authority. The City Representative shall convey to Contractor the decision of City regarding any and all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work. The City Representative shall further convey to Contractor the decision of City regarding all questions which may arise as to the acceptable fulfillment of this Agreement on the part of Contractor; and all questions as to claims and compensations. The City Representative’s communicated decisions shall be final, and the City Representative shall have authority to enforce and make effective such communicated decisions so that Contractor can carry out such decisions promptly.

4. TERM OF AGREEMENT
This Agreement shall commence and terminate on the dates set forth in Exhibit A.

5. 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 Contractor.

Upon receipt of said notice, Contractor shall immediately cease all Contractor Services under this Agreement, unless the notice provides otherwise. In the event this Agreement is suspended or terminated pursuant to this Subsection 5(A), Contractor shall submit a final invoice/report to City pursuant to Section 6, and City shall be entitled to receive a return of the fee paid to Contractor, or portion thereof, if the reason for the termination is failure by Contractor 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 pursuant to this Subsection 5(A), City may first serve upon Contractor a written notice of the default specifying the default and the amount of time that Contractor shall have to cure, correct, or remedy the default.

If Contractor fails to cure the default within the specified period of time, City shall have the right to immediately terminate this Agreement pursuant to this Subsection 5(A). Notwithstanding any other provision of this Agreement to the contrary, City’s termination of this Agreement pursuant to this Subsection 5(A) shall not preclude or prejudice any other remedy to which City may be entitled in law or in equity.

B. Contractor 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 162
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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.

6. COMPENSATION
A. Amount of Compensation. Compensation will be determined according to the Budget and Fee Schedule set forth in Exhibit B.

B. Invoices. Contractor shall invoice City monthly for all work performed by Contractor under this Agreement. Invoices shall include billings for all charges, including authorized direct costs incurred by Contractor during the month covered by the invoice. All charges for labor, work, or services shall describe with specificity the services rendered and shall set forth the number of hours worked and hourly rates in accordance with Exhibit B. Within thirty (30) days of receipt of an invoice, and upon determination by City that the invoice is in order and that Contractor has performed all requested or required work or services in a timely and competent manner, City shall pay such invoice.

C. Records of Contractor Services and Payments. Contractor 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 Contractor Services under this Agreement. Contractor shall also 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. Contractor 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.

7. LICENSES, PERMITS, APPROVALS, FEES
A. Contractor must possess at the time of commencing the Contractor Services and throughout the duration of this Agreement, a Contractor’s License, issued by the State of California, which is current and in good standing. Contractor shall ensure that any subcontractor working on the Contractor Services possesses at the time of commencing work and throughout the duration of such subcontractor’s work on the Contractor Services, a Contractor’s License, issued by the State of California, which is current and in good standing. Contractor shall take out and maintain during the life of this Agreement a valid City Business License.

B. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Contractor Services prior to commencing work. Contractor and its employees, agents, and 163
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subcontractors shall, at their sole cost and expense, keep in effect during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Contractor Services. Contractor 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 Contractor’s performance of the Contractor 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 hereunder.

8. INSURANCE AND LIABILITY
A. Contractor shall not commence work under this Agreement until it has secured all types and amounts of insurance required under this Section 8, nor shall it allow any subcontractor to commence work on any subcontract to this Agreement until all similar insurance required of the subcontractor has been obtained. Without limiting Contractor’s indemnification obligations, Contractor shall procure and maintain, at its sole cost and for the duration of this Agreement, insurance coverage as provided in Exhibit C, against all claims for injuries against persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, and/or subcontractors. If Contractor subcontracts any portion of the work, the contract between Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Contractor is required to maintain pursuant to this Section 8.

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

9. INDEMNIFICATION
A. Contractor shall indemnify, defend (with legal counsel approved by City), and hold harmless City and City Personnel from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees, and all other costs and fees of litigation) of every nature (“Claims”) arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees, and all other costs and fees of litigation. Contractor shall promptly pay any final judgment rendered against City and City Personnel with respect to Claims determined by a trier of fact to have been the result of Contractor’s negligent, reckless, or wrongful 164
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performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive the expiration or termination of this Agreement.

B. Contractor’s obligations under this Section 9 apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by City or City Personnel. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the Parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

C. Contractor hereby authorizes City to deduct from any amount payable to Contractor (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 Contractor’s negligent acts, errors, or omissions, or willful misconduct, in performing or failing to perform Contractor’s obligations under this Agreement. City in its sole and absolute discretion, may withhold from any payment due to Contractor, 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 Contractor’s obligation to pay City any sums Contractor owes City.

10. OBSERVING LAWS AND ORDINANCES
Contractor shall keep itself fully informed of all existing and future Federal, State, regional, county, and municipal laws, ordinances, and regulations, which in any manner affect the conduct of the work, and of all applicable orders and decrees of bodies or tribunals having any jurisdiction or authority over the work. If any discrepancy or inconsistency is discovered in this Agreement in relation to any such law, ordinance, regulation, order, or decree, Contractor shall forthwith report the same to the City Representative in writing. Contractor shall at all times observe and comply with and shall cause all its agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees, and shall protect, indemnify, hold harmless, and defend to the fullest extent permitted by law City and City Personnel against any claim or assertion of liability, or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by Contractor or by its agents, representatives, employees, or subcontractors.
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11. NON-DISCRIMINATION
Contractor 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. Contractor shall incorporate the foregoing provisions in all subcontracts.

12. PATENTED AND COPYRIGHTED MATERIALS
Contractor 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 Contractor Services performed by Contractor under this Agreement. Pursuant to Section 8, Contractor 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.

13. PREVAILING WAGE REQUIREMENTS
A. Public Work. Contractor expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees, or its agents in writing or otherwise that the work to be covered under this Agreement is not a “public work,” as defined in California Labor Code section 1720 of the Labor Code.

In connection with the development, construction (as defined by applicable law), and operation of the project, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or nonpayment of Federal and/or State prevailing wages and/or the implementation of California Labor Code sections 1726 and 1781, as the same may be enacted, adopted, or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages.

B. California Labor Code. Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages) and Article 3 (Working Hours), thereof.
(i) In accordance with California Labor Code sections 1773 and 1773.2, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at
https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
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(ii) Contractor is aware of and will comply with the provisions of California Labor Code section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said section. Pursuant to California Labor Code section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to California Labor Code section 1810 it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay.
(v) Pursuant to California Labor Code section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit $25 for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code. (vi) Contractor is aware of and will comply with the provisions of California Labor Code sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all subcontractors employed by them in connection with this Agreement. (vii) Pursuant to California Labor Code section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than $200 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Contractor Services by Contractor or any subcontractor.

C. Bidding Eligibility. Pursuant to California Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.

D. DIR Monitoring. Pursuant to California Labor Code section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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14. CONFLICTS OF INTEREST
A. City Personnel. 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 Contractor Services performed under this Agreement.

B. Contractor. Contractor 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 Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor 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 Contractor’s obligations and responsibilities under this Agreement.

Contractor acknowledges that pursuant to the provisions of the Political Reform Act (California Government Code section 87100 et seq.), City may determine Contractor to be a “Contractor” as that term is defined by the Political Reform Act.

In the event City makes such a determination, Contractor 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, Contractor 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.

15. NO UNDUE INFLUENCE
Contractor 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 Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Contractor further warrants that it has not employed or retained any company or person other than a bona fide employee working for Contractor, 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 the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

16. ASSIGNMENT
Contractor shall not assign, hypothecate, or otherwise transfer this Agreement or any portion hereof, without first obtaining the written consent of City. If such an assignment, 168
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hypothecation, or transfer is made or attempted by Contractor, the assignment, hypothecation, or transfer shall be void; and City, at its sole option, may terminate this Agreement upon the giving of a 24-hour written notice to Contractor of such termination.

17. PERFORMANCE
If Contractor should neglect to prosecute the work to City’s satisfaction, or, in City’s reasonable discretion, fail to perform any provisions of this Agreement, City, after five (5) days written notice to Contractor, may without prejudice to any other remedy City may take appropriate action, including, but not limited to, any of the following: (i) meeting with Contractor and/or its agents or subcontractors to review the quality of the work and resolve matters of concern; (ii) requiring Contractor to have the work repeated at no additional fee until it is satisfactory; (iii) withholding payment of City’s compensation to Contractor for any unsatisfactory work performed; (iv) suspending delivery of work to Contractor for an indefinite time; (v) correcting such deficiencies and deducting the cost thereof from the payment then or thereafter due Contractor, provided, however, that the City Representative shall approve such action and certify the amount thereof to be charged to Contractor; and/or (vi) terminating this Agreement. Except as may be expressly set forth 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 or other rights or remedies as may be permitted by law or in equity shall not preclude the exercise by such Party, at the same or different times, of any other rights or remedies to which such Party may be entitled.

18. FORCE MAJEURE
Any time period specified in this Agreement for performance of work and services shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of City or Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if the delaying Party shall within ten (10) days of the commencement of such delay notify the other Party in writing of the causes of the delay (“Force Majeure Event”).

If Contractor is the delaying Party, City shall ascertain the facts and the extent of delay and extend the time for performing the work and services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon the Parties. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused. Contractor’s sole remedy shall be an extension of this Agreement pursuant to this Section 18. For the avoidance of doubt, Force Majeure Event shall not include (i) financial distress nor the inability of either Party to make a profit or avoid a financial loss; (ii) changes in the market prices or conditions; or (iii) a Party’s financial inability to perform its obligations hereunder. The current events related to the COVID19 pandemic are known and shall not constitute Force Majeure Event, future impacts of the COVID-19 pandemic may be considered a Force Majeure Event to the extent that they prevent the performance of a Party's obligations under this Agreement. 169
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19. NOTICE
Any notice, payment, or instrument required or permitted to be given or delivered by this Agreement may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows, or to such other address provided by a written notice from one Party to the other or by e-mailing the notice to the e-mail addresses as set forth below:

If to City: City of Duarte
1600 Huntington Drive
Duarte, CA 91010
Attn: Director of Parks & Recreation
If to Contractor: Trueline Construction & Surfacing, Inc. 12397 Doherty Street
Riverside, CA 92503
Attn: Janet Bangs, Vice President

20. WARRANTY
Contractor warrants all work under this Agreement (which for purposes of this Section 20 shall be deemed to include unauthorized work which has not been removed and any nonconforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements, comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. This provision may be waived in Exhibit A if the Contractor Services hereunder do not include construction of any improvements or the supplying of equipment or materials. 170
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21. ATTORNEYS’ FEES
Notwithstanding anything in this Agreement to the contrary, in no event shall Contractor 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.

22. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No City Personnel shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

23. 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.

24. EXECUTION
The persons 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) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties.

25. NO WAIVER
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 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. 171
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26. 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 person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

27. NON-LIABILITY OF CITY PERSONNEL
No City Personnel shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City, or for any amount which may become due to Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

28. GOVERNING LAW AND VENUE
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 permitted by law, 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. 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 Contractor shall be made in any manner permitted by law and shall be effective whether served inside or outside of California.

29. SURVIVAL
The terms, provisions, representations, and certification contained in this Agreement, or inferable therefrom, shall survive the expiration or termination of this Agreement and the payment of the compensation hereinabove provided.

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

31. INTEGRATION, CONSTRUCTION, AND AMENDMENT
This Agreement contains the entire understanding of the Parties and supersedes any and all other written or oral understandings as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. 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 shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Parties. No amendment, change or modification of 172
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this Agreement shall be valid unless in writing, stating that it amends, changes, or modifies this Agreement, signed by all the Parties hereto.

32. 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.

33. SPECIAL PROVISIONS
Any special provisions applicable to this Agreement are set forth in Exhibit D, attached hereto and incorporated herein by this reference.

34. 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.]
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IN WITNESS WHEREOF, the City Council of the City of Duarte caused the Agreement to be subscribed by its Mayor or City Manager and said Contractor has executed or caused this Agreement to be executed by its duly authorized officer(s).

CITY OF DUARTE
_________________________________
City Manager
Date: _____________________________
ATTEST
_________________________________
City Clerk
Date: _____________________________

APPROVED AS TO FORM

RUTAN & TUCKER, LLP
_________________________________
City Attorney, City of Duarte
Date: _____________________________

CONTRACTOR
_________________________________
_________________________________
By: ______________________________
_________________________________
Its: ______________________________
Date: _____________________________
By: ______________________________
_________________________________
Its: ______________________________
Date: _____________________________
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EXHIBIT A
-1-

EXHIBIT A
Scope of Work
PROJECT DESCRIPTION: The general nature of the work consists of furnishing all labor, material, equipment, services, and incidentals required for the conversion of one tennis court to two permanent pickleball courts, resurface of one tennis court also striped of two games of pickleball, and replacement of worn chain link fence and windscreens at Royal Oaks Park - 2627 Royal Oaks Drive.

Item 1. Prep Work: On courts 1 and 2, power wash and grind off the current surface to a tight finish, acid etch, and prime the surface.

Item 2. On courts 1 and 2, patch cracks and spalls. Grind displaced areas on cracks so both sides are level.

Item 3. On court 1, remove existing tennis court posts, provide, and install two sets of pickleball posts, sleeves and net, core drilled.

Item 4. On court 2, remove existing tennis court posts and provide and install one set of tennis court posts, sleeve and net, core drilled.

Item 5. On courts 1 and 2, apply Sportmaster black resurfacer coat, 100% latex acrylic, mixed with #60 silica to smooth out surface and provide a superior base for color coating.

Item 6. On Courts 1 and 2, apply two coats of Sportmaster Color System, 100% latex, mixed with #90 silica sand for a medium speed of play.

Item 7. On court 1, stripe play lines for two games of Pickleball facing North/South, sharp and accurate to ASBA specs (color to be determined).

Item 8. On Court 2, stripe play lines for a combination of one game of tennis court facing North/South and two games of pickleball courts, sharp and accurate to ASBA specs (colors to be determined).

Item 9. On courts 1 and 2, remove and replace caulking with Sika-Flex 2CSL, grind edges for proper adhesion.

Item 10. On courts 1 and 2, remove and properly dispose of existing chain link fence and windscreen.

Item 11. On courts 1 and 2, repair one existing fence post and paint all existing fence posts and pipe framing black.

Item 12. On courts 1 and 2, install 12’ high, black vinyl coated chain link fence around perimeter of courts, 7’ high, black vinyl coated chain link fence partially between courts 1 and 2, and a 3’ high black vinyl coated chain link fence between Court 1 pickleball courts. 175
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-2-
Item 13. On courts 1 and 2, install 8’ high, commercial mesh windscreen (color to be determined) including two printed Duarte logos on them (one for each court) PERFORMANCE SCHEDULE:

Construction shall be completed within 45 working days after the date stipulated on the Notice to Proceed.
176
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EXHIBIT B
-1-

EXHIBIT B
Budget and Fee Schedule

BASE BID FOR ROYAL OAKS PARK PICKLEBALL COURT CONVERSION AND

TENNIS COURT RESURFACING
Line
Item Bid Items UofM Quantity Unit Price Extension
1 Power wash courts and grind off the
current surface to a tight finish, acid
etch, and prime the surface EA 2 $1,000.00 $2,000.00
2 Patch and grind cracks and spalls LS 1 $12,460.00 $12,460.00 3 Remove existing tennis net posts and
install pickleball posts, sleeves, and net EA 2 $3,880.00 $7,760.00 4 Remove existing tennis net posts,
provide, and install one set of tennis
court posts, sleeve, and net.

EA 1 $3,880.00 $3,880.00
5 Apply Sportmaster black resurfacer coat
to each court. EA 2 $3,960.00 $7,920.00
6 Apply two coats of Sportmaster Color
System coating to each court. EA 2 $7,920.00 $15,840.00 7 Stripe play lines for two games of
pickleball EA 2 $770.00 $1,540.00
8 Stripe play lines for a combination of
two games of pickleball courts and one
game of tennis court
EA 3 $770.00 $2,310.00
9 Remove and replace caulking with SikaFlex 2CSL EA 1 $3,091.00 $3,091.00 10 Remove and properly dispose of existing
chain link fence and windscreen LF 530 $8.11 $4,298.30
11 Repair one existing fence post and paint
all existing fence posts and frame pipe
black
EA 1 $10,520.00 $10,520.00
12 Install 12' high, black vinyl coated chain
link fence around perimeter of courts LF 480 $55.33 $26,558.40 13 7' high fence between courts 1-2 LF 50 $78.15 $3,907.50 14 3' high fence between court 1 pickleball
courts LF 25 $78.15 $1,953.75
15 Install 8' high, Commercial mesh
windscreen including two Duarte logos LF 480 $25.88 $12,422.40 Total Base Bid $116,461.35
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EXHIBIT B
-1-

EXHIBIT C
Insurance Requirements
A. Insurance Coverage Required. The policies and amounts of insurance required hereunder shall be as follows:
(i) Commercial General Liability Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. (ii) Automobile Liability (including owned, non-owned, leased, and hired autos): Five Million Dollars ($5,000,000.00), combined single limit, per occurrence for bodily injury, death, and property damage. (iii) Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, including California Labor Code section 3700.
(iv) Umbrella or Excess Liability Insurance that will provide bodily injury, personal injury, death, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
(A) A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; (B) Pay on behalf of wording as opposed to reimbursement; (C) Concurrency of effective dates with primary policies; (D) Policies shall “follow form” to the underlying primary policies; and
(E) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

B. Contractor’s Insurance General Requirements.
(i) All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of 178
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-2-
California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City Representative. (ii) Commercial General Liability, Automobile Liability, and Employer’s Liability shall name City and City Personnel as additional insureds and contain no special limitations on the scope of protection afforded to City and City Personnel. All insurance provided hereunder shall include the appropriate endorsements.
(iii) All insurance policies shall be primary insurance and any insurance or self-insurance maintained by City and/or City Personnel shall be in excess of Contractor’s insurance and shall not contribute with it. (iv) All insurance policies shall be “occurrence” rather than “claims made” insurance.
(v) All insurance policies shall apply separately to each insured against whom a claim is made or suit brought, except with respect to the limits of the insurer’s liability.
(vi) All insurance policies shall be endorsed to state that the insurer shall waive all rights of subrogation against City and City Personnel. (vii) All insurance policies shall be written by good and solvent insurer(s) admitted to do business in the State of California and approved in writing by City. (viii) All insurance policies shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to City by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
(ix) All insurance policies shall state that City shall not be liable for the payment of premiums or assessments under the policy.
(x) Insurance policies shall not contain any limiting provision or endorsement that has not been submitted to City for approval. By way of example, additional insured endorsements shall not be limited to “ongoing operations,” exclude contractual liability, restrict coverage to the “sole” liability of Contractor, or contain any other limitation contrary to this Agreement.

C. Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be 179
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EXHIBIT B
-3-
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved in writing by City.

D. Evidence of Coverage. Contractor shall furnish City with certificates of insurance demonstrating the coverage required by this Agreement which shall be received and approved by City not less than five (5) working days before work on the Contractor Services commences. At least thirty (30) days prior to the expiration of any policy of insurance required under this Agreement, a signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with City.

E. Workers Compensation Insurance. Contractor shall file with City the following signed certification:
“I am aware of, and will comply with, Divisions 4 and 5 of the California Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to City before execution of the Agreement.”
In the event Contractor has no employees requiring Contractor to provide Workers’ Compensation Insurance, Contractor shall so certify to City in writing prior to City’s execution of the Agreement. City and City Personnel shall not be responsible for any claims in law or equity occasioned by failure of Contractor to comply with this Section E - Workers Compensation Insurance or with the provisions of law relating to workers’ compensation.

F. Default of Insurance Requirements. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time required by this Section F – Default of Insurance Requirements, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach: (i) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; (ii) order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both, until Contractor demonstrates compliance with the insurance requirements herein; and/or (iii) terminate this Agreement. 180
ITEM: 15.C
Consideration of a Service Agreement with Train Up a Child LLC Recommended Action:
(1) Find that waiving the competitive bidding process pursuant to Municipal Code Section 2.36.050(o) shall best serve the City due to the consultant’s specialized nature of the programs and services, and (2) Authorize the City Manager to execute a five-year service agreement with Train Up a Child LLC.

Attachments:

15.C - Staff Report - Consideration of Service Agreement with Train Up a Child LLC.pdf

15.C - Attachment A - LA Daily News Article.pdf

15.C - Attachment B - Raymond Abernathy Resume.pdf

15.C - Attachment B - Train Up a Child LLC Company Overview 6-11-2024.pdf

15.C - Attachment C - Train up a child LLC City of Duarte Professional Services Agreement 6-11-2024.pdf
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182
183
184
By JASON HENRY | [email protected] | Pasadena Star News
PUBLISHED: May 3, 2024 at 1:49 p.m. | UPDATED: May 8, 2024 at 5:20 p.m.

Los Angeles County moved some 275 youths to Los Padrinos Juvenile Hall in Downey, pictured here, in May 2023. (Photo by Dean Musgrove, Los Angeles Daily News/SCNG) NEWS
Removing hundreds of LA County
probation officers from field duties
sparks court delays, diminished
oversight
Union official says the move, necessary to bolster
juvenile hall staffing, ‘is having an impact on
community safety’
• News
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Rank-and-file probation officers and the union that represents them claim the loss of hundreds of staff members from field offices throughout Los Angeles County is creating frustration, long court delays and a lack of oversight for thousands of convicted criminals.

Roughly 250 field officers were slated to be reassigned in March to the county’s troubled, understaffed juvenile halls as part of a desperate — but ultimately successful — gambit to stave off the state’s impending shutdown of its two largest facilities. Simultaneously, the Los Angeles County Deputy Probation Officers Union says the department sent home approximately 500 others who could not work in the juvenile halls due to medical restrictions, though it would have been possible for them to perform the office work they did previously.

Staff members in the dwindled field offices are now struggling to supervise thousands of probationers and keep up with prior workloads, union officials say. Probationers, meanwhile, claim they can’t reach the officers overseeing them, while judges grow frustrated with impediments caused by the Probation Department’s failure to create routine reports on time. “Field DPOs are responsible for supervising tens of thousands of probationers in L.A. County neighborhoods,” said Stacy Ford, president of the probation officers union. “The forced reassignment is having an impact on community safety as probationers on community release are simply not being supervised as required.”
The hundreds of officers — responsible for performing compliance checks, monitoring for drug use and ensuring school attendance — are no longer performing their regular duties, according to Ford.

A typical field probation officer supervises about 70 probationers, he said.

Other employees have fallen behind on a variety of reports used every day in criminal cases. Those include 3,000 monthly reports utilized by judges to evaluate criminal histories, assess probation violations, determine sentencing conditions and order the relinquishment of firearms.

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Frustration, confusion
Some of the officers with medical restrictions have filed a class-action lawsuit alleging the department is discriminating against them.

The Probation Department contests the staffing numbers released by the union. The department’s latest calculation indicates 202 officers were transferred from the field offices to the juvenile halls, while 266 were sent home because they indicated they had limitations that “would make it virtually impossible for them to discharge their peace officer duties, whether in the halls or in the field,” according to Mira Hashmall, an attorney representing the department in the lawsuit.

Ford, the union president, said the higher figure was provided by the department in April. A department spokesperson would not confirm nor deny that.

Though the union and officers have argued that field positions are largely desk jobs, the department doesn’t agree and maintains those positions must meet the physical requirements of a peace officer, regardless of where they are deployed. Field officers go out into the community, interact with probationers and must be capable of making arrests, Hashmall said in a statement. “Because many of the officers claimed they couldn’t even do the minimum required, they were sent home as part of a new department protocol to determine how many of them could be safely accommodated in less strenuous capacities as needed,” Hashmall stated. “Meanwhile, the Department continued to make reassignments to the halls until there were enough full-duty peace officers at the juvenile facilities to guarantee the safety and welfare of the youth put in the department’s care. At all times, our top priority remains the safety and welfare of the juvenile detainees, their families, the Department, and the community.” The department may create 125 to 180 temporary positions for the officers on limited duty, while the rest will have to remain at home until they can return to full duty, according to the probation officers’ union.

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Multiple sources say there’s been a noticeable decline in the department’s work since the redeployments.

In a statement, the director of communications for the Los Angeles County Superior Court system confirmed the courts have been impacted by the Probation Department’s shuffling of staff. “Presiding Judge Jessner has not met with L.A. County Probation Chief Guillermo Viera Rosa on this issue,” spokesman Rob Oftring said. “However, the Court has communicated its concerns regarding delays in receiving reports and staffing courtrooms to the County Probation Department and is confident that these issues are being addressed.”
The Los Angeles County Public Defender’s Office, which represents defendants unable to pay for private attorneys, indicated its clients have been affected as well. “We have seen an uptick in terms of complaints from our clients, having to put cases over as we wait for these reports, and our lawyers who are very frustrated with the length of time that their clients are having to stay in custody,” said Justine Esack, chief deputy of the Public Defender’s Office. “Our clients who are out of custody are having difficulty making contact with their probation officers.” Lawyers whose clients were arrested, or received warrants for failing to report to their probation officers, have investigated and found offices unexpectedly closed during regular business hours and general confusion about which probation officer oversaw the client’s case, Esack said. “It becomes really frustrating and it’s a real issue for our clients,” Esack said. “If they are jailed because of some deficit in this process, they can lose their place to live. They can lose their jobs or be taken away from their family for a period of time. There are real-life consequences.” Angeles Zaragoza, a deputy alternate public defender and a member of the Board of State and Community Corrections, echoed those concerns during the BSCC’s April meeting, shortly after the board narrowly voted to allow two of Los Angeles County’s juvenile facilities — Los Padrinos Juvenile Hall and the Barry J. Nidorf Secure Youth Treatment Center — to stay open, in part because of the infusion of new officers from the redeployment.
“Our young people, who are on probation, trying to get their lives together, don’t even know who their probation officer is, or how to get ahold of their probation officer, are ending up with violations because they can’t get ahold of P.O. because their P.O. is deployed,” she told her colleagues. “Everybody loses with this Band-Aid. And we’re going to be here again, I know it.” Failing to properly supervise probationers also can lead to deadly consequences.

Last year, the county Office of Inspector General found the department overlooked multiple red flags and failed to act on information that a probationer was using drugs and carrying a firearm in the weeks before he killed two El Monte police officers and then himself in 2022.

The report found the department had not properly monitored convicted gang member Justin Flores for years. Flores’ probation officer did not make contact with Flores, despite saying he had, on multiple occasions, and did not follow up after learning that Flores wasn’t living at the address provided to the department. Though he received warnings about Flores using PCP and carrying a gun a week before the shooting in El Monte, he did not pass that information along to law enforcement. ONLY $6 FOR 1 YEAR
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‘A particularly challenging time’
A cultural problem?
The Probation Department did not respond to a request for comment regarding Zaragoza’s comments. But Felicia Cotton, deputy director of the department, briefly addressed similar complaints brought up by a caller at a recent Probation Oversight Commission meeting. “I personally have called the P.O. locator line and they’ve called me back saying they’ve made four to five phone calls to different probation officers that were listed as being the probation officer, and they all said no, they weren’t,” said the parent, Lupe Ross. “My apologies if your call may have gotten caught in the changeover,” Cotton responded.

All of the probation officers remain open and leadership at the individual offices should be able to provide assistance, Cotton said.
“We have had to reshuffle and realign caseloads,” she said. “That work has been disseminated to other probation officers in the office or in the region.” In a separate statement, the department stated it is working “internally to expedite the timely delivery of state-mandated probation reports in adult cases” as a result of the concerns expressed by Superior Court judges.
“To address the Court’s concerns, we have transferred people from field operations and are retraining others to more than double the staff currently responsible for producing reports,” a spokesperson said in an email. “We continue to use all available resources to meet our statemandated requirements while we negotiate a particularly challenging time in the Department.” Probation officers are cycling through the juvenile halls on full-time, 60-day rotations. With the first rotation nearly up, the Probation Department’s leadership once again will need to shuffle officers around to fill the next group, creating the potential for even more chaos.

Assembling the next group could prove challenging. The department reportedly struggled to find officers capable of handling the conditions in the halls in the first round and had to agree to concessions with the union, including reducing the length of the redeployment down from 90 days.

A FAQ posted by the probation officers’ union indicated the department may even cancel preapproved time-off requests for newly reassigned officers if necessary to meet the staffing requirements at the juvenile halls.

Esack, the chief deputy public defender, said her office has experienced many of these same issues with the Probation Department for years, though she acknowledged a recent uptick because of the reassignments. She attributed it not to staffing, but to the department’s focus “on punishment, rather than care and resources.”
“From our perspective, it’s really a cultural issue,” she said. “Our clients have been feeling the consequences of the culture of the Probation Department for a long time.” ONLY $6 FOR 1 YEAR
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Many of the “perfunctory reports” generated by the Probation Department are unnecessary, slow down cases and result in individuals being held in jail longer, she said. Information contained in some of the reports is already readily available digitally to prosecutors and judges, she said. “As it operates now, it is not working,” she said. “The system needs to be changed.” Eduardo Mundo, the chair of the county’s Probation Oversight Commission and a former supervising probation officer, said he also doesn’t buy that staffing is the only reason why the department isn’t keeping up with its workload.
“No one was concerned when I was a DPO (deputy probation officer) and had 200 cases,” he said. “No one thought about public safety when I had that.”
Mundo said his caseload declined from 200 cases at a time in 1994 to only about 40 cases in the early 2000s, he said.
“When I was an investigator, we would average six or seven reports per week,” he said. “The last time I saw information related to investigations, what I was doing in a month by myself, an office was doing in three months.”
The Probation Oversight Commission has requested data about the field offices from the department and plans to dig into the impacts of the redeployment at its next two meetings in May and June, according to Mundo.
“What is really contributing to that? I have to see the data,” Mundo said. “I just find it odd that with the workload so low, that they couldn’t halve their juvenile workforce and still maintain the work quality.”
This article has been updated to include statements from the Probation Department contesting the numbers released previously by union officials.

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Attachment B

RAYMOND ABERNATHY
Pasadena Ca. | [email protected]

WORK EXPERIENCE
APRIL 2001
to MARCH
2024

DEPUTY PROBATION OFFICER II,

LOS ANGELES COUNTY DEPARTMENT OF PROBATION
*JUVENILE HALL 2001-2006 (5.5 YEARS)
• Supervise 40 detained minors in a 24-hour environment in their activities within -the unit, Mentor, Observe and record behavior of probation youths *PROBATION YOUTH DETENTION CAMP 2006-2012 (5.5 YEARS)
• Conduct group sessions to address such issues as substance abuse, family dynamics, gangs, following developed treatment plans for purpose of modifying behavior and to improve pro-social and vocational skills. • Provide crisis intervention counseling to minors to deescalate potentially harmful situations and/or high-risk behaviors
*ASSEMBLY BILL 109 (AB109) Public Safety Realignment – 2012-2014 (2 YRS) • Supervises released adults from State Prison placed on probation by the Court; • Monitored/Drug tested probationer's compliance with the terms and conditions of AB109 post release
• Evaluated the seriousness of probation violations and recommended action by the Court when the probationer violated the law or terms of probation • Made approx. 26 in office arrests
*JUVENILE FIELD SUPERVISION –APRIL 2014 – MARCH 2024 (10 YRS) • Investigate and evaluate cases of juveniles referred to the Probation Department considering such factors as the present offense, the offender's prior record, and social history
• Prepared reports and recommendations for use by the court in making dispositions of juvenile cases
• Supervised juveniles placed on probation by the Court; established payment schedules for fines, restitution and other payments; instruct probationers regarding the terms and conditions of the probationary period. • Planned and monitored supervision programs designed to enable probationers to assume responsibility for their behavior and to comply with conditions of probation
*DUARTE PREVENTION INTERVENTION PROGRAM –AUG. 2014 – MARCH 2024 (10 YRS) • Maintain caseload of 150+ youth for group and individual mentoring sessions • Created A-Team Prevention Intervention Group Mentor Program • Refer students to community-based organizations for specialized evidencebased services to address varying issues (e.g. bullying, truancy, gang involvement, drug use and abuse etc.)
• Produced, arranged, & recorded a Duarte A-Team Music album full of songs which relate to the Lessons performed by the students in the program. • Support students in danger of harming themselves or others; support those undergoing school related crises, such as bullying, racial attacks, peer pressure to use drugs or failing grade; and help students dealing with other distressing issues, such as grief, loss and bereavement.
191