Agenda
CITY COUNCIL AGENDA 2022-01-18 18-30.PDF
CITY COUNCIL AGENDA PACKET 2022-01-18 18-30.PDF
1. Documents:
CITY OF LA VERNE
CITY COUNCIL AGENDA
Tuesday, January 18, 2022 - 6:30 p.m.
La Verne City Hall - Council Chambers,
3660 D Street, La Verne, CA 91750
In compliance with the American Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Office at (909) 596-8726 at least 48 hours prior to the meeting. Regular Meetings are held on the 1st and 3rd Monday of every month.
The Council Chambers will be opened to the public. In an effort to keep a safe environment and to minimize the spread of the COVID-19 Virus, the City will be limiting occupancy and requiring masking for all that will be in attendance. To facilitate public participation for those who do not wish to attend in person, the meeting will still be made available virtually to residents. Below are the following opportunities on how to participate:
1. View the meeting through the City’s website at www.cityoflaverne.org and click on the green “Council Meeting Live Stream” button.
2. Individuals can email their comments to the Assistant City Clerk at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the City are public records that will be made available for public viewing.
3. Individuals who wish to share their comments directly during the meeting may do so by emailing the Assistant City Clerk at [email protected] with their phone number and the item(s) they wish to speak on. Requests will be accepted before and throughout the meeting and staff will call you back at the appropriate time. Once items are considered by the City Council, no further public comment on that mat ter will be accepted. A time limit of 3- minutes is set for all public comments.
4. If you wish to participate via Zoom, you will need to register at https://us02web.zoom.us/webinar/register/WN_6-r0SZBtSiKH5LMUrTwHCg before 5:00 p.m. on Tuesday, January 18, 2022 and please be aware that space is limited. You will have the ability to watch the meeting in real time and raise your hand to request to comment as appropriate on the current agenda item(s). Once it is your turn to speak, you will be brought into the meeting and have the ability to turn your video on when called upon.
Tim Hepburn, Mayor
Muir Davis, Mayor Pro Tem
Robin Carder, Council Member
Rick Crosby, Council Member
Wendy M. Lau, Council Member
www.cityoflaverne.org
(909) 596-8726 - Phone
(909) 596-8740 - Fax
City Hall Council Chamber
3660 D Street
La Verne, CA 91750
AGENDA, La Verne City Council Meeting, Tuesday, January 18, 2022, Page 2
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Council Member Lau, Council Member Crosby, Council Member Carder, Mayor Pro Tem Davis and Mayor Hepburn.
4. Introduction of Police Chief Colleen Flores.
5. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS (Any person who wishes to make a brief announcement of a future community event that is open to the general public may do so at this time)
6. CONSENT CALENDAR (All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)
a. City Coun cil Minutes
of the regular and adjourned meeti ng of December 20, 2021 , to be received and filed.
b. Register of Audited Demands in the amount of $2,354,498.91 dated December 8, 2021 , in the amount of $203,257.44 dated December 15, 2021, in the amount of $1, 382,597.08 dated December 23, 201; and in the amount of $339,712.63, dated 12- 29-21. Approval recommended by Finance Director Pendleton.
c. Staff recommends approval and passage of the following Resolutions:
1. Resolutions No. 22 -01, 22- 02 and 22- 03 - City of La Verne General Municipal Election - The City of La Verne’s General Municipal Election will be held on Tuesday, June 7, 2022. The election will be consolidated with the County of Los Angeles who will be conducting the Statewide Primary Election. On D ecember 20, 2021, the City Council adopted Ordinance No. 1108, changing the date of the City’s General Municipal Election to the date of the statewide primary election of each even- numbered year, although this will result in a different election date depending on the year commencing with the June 7, 2022 election. The terms of the three Officer holders set to expire in March or April of 2022 were extended by State law to expire following the certification of the results of the June 7, 2022, statewide primary election.
Pursuant to the provisions of the laws of the State of California relating to General Law cities, there are procedures, requirements and actions that must be taken by City Council for conducting elections. A resolution calling the election f or the certain officers; a resolution requesting the Los Angeles Board of Supervisors for consolidation and specific services for the City of La Verne’s General Municipal Election with the Statewide Primary Election; and a resolution setting forth regulati ons for candidates’ statements must be adopted by City Council.
AGENDA, La Verne City Council Meeting, Tuesday, January 18, 2022, Page 3
Assistant City Clerk Estrella recommends that the City Council adopt the following resolutions for conducting the City of La Verne’s General Municipal Election to be held on Tuesday, June 7, 2022.
Resolution No, 22 -01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CALLING FOR THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, FOR THE ELECTION OF CERTAIN OFF ICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
Resolution No. 22 -02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, REQUESTING THE
LOS ANGELES BOARD OF SUPERVISORS TO ORDER THE CONSOLIDATION OF THE CITY OF LA VERNE’S GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD IN THE COUNTY OF LOS ANGELES ON THE SAME DAY; TO AUTHORIZE THE
BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CANVASS THE RETURNS OF SAID GENERAL MUNICIPAL ELECTION; AND TO REQUEST THAT THE
REGISTRAR RECORDER/COUNTY CLERK OF SAID COUNTY BE PERMITTED TO
RENDER FULL SERVICES TO THE CITY OF LA VERNE RELATING TO THE
CONDUCTING OF SAID GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403.
Resolution No. 22 -03 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATE S FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022.
2. Resolution No. 22 -04 - Purchase Agreement for Meter Read Devices - The City currently bills approximately 8,700 accounts bi-monthly. Approximately 800 of those accounts are radio reads, or Automated Meter Reading (AMR). The current meter read devices (Handhelds) and AMR accessories were purchased in 2008 from National Meter.
National Meter notified city staff that our Handhelds and AMR accessories are no longer supported. Additionally, National Meter discontinued technical support of the software used for transferring the meter reads to the billing system.
Public Works Director Igoe recommends that the City Council adopt Resolution No. 22- 04 approving a purchase from Core and Main, Inc. for the budgeted purchase of Meter Read Devices and replacement of the current Automated Meter Reading (AMR) System, not -to- exceed the amount of $190,000 for the AMR Meter Device Update Project; and to authorize the City Manager or his Designee to enter into a contract with Core and Main, Inc. for the purchase of Meter Read Devices and replacement of the current Automated Meter Metering Reading (AMR) System, for the AMR Meter Device Update Project.
Resolution No. 22 -04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE PURCHASE AGREEMENT BETWEEN THE CITY OF LA VERNE AND CORE AND MA IN, INC. FOR
THE PURCHASE OF METER READ DEVICES AND AUTOMATED METER READ REPLACEMENT SYSTEM.
AGENDA, La Verne City Council Meeting, Tuesday, January 18, 2022, Page 4
7. OTHER MATTERS
Ordinance No. 1109 - Mandatory Organic Waste Disposal Regulations - Amending the La Verne Municipal Code by Adding Chapter 13.30 - Senate Bill 1383 (SB 1383), the Short - lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or another enforceable mechanism requiring organic waste to be diverted from landfills. In accordance with SB 1383, all jurisd ictions must have a mandatory organic waste disposal reduction ordinance in place.
In November of 2020, the Repeal and Replace of Chapter 13.28 Collection, Removal and Disposal of Refuse went into effect. In Section 13.28.010(E) Declaration of Policy, mandatory compliance with SB 1383 was established. The City Attorney reviewed the municipal code requirements of SB 1383 and determined staff implement relevant provisions of SB 1383 Regulations to the City Municipal Code for further clarification and enforcement purposes.
Each year the City is required to demonstrate compliance efforts in the Electronic Annual Report (EAR) submitted to CalRecycle, the State’s regulatory agency that oversees California’s State- managed waste handling and recycling programs.
STAFF RECOMMENDATION:
The City Council should introduce, waive further
reading and place on first reading Ordinance No.
1109, adding Chapter 13.30 - Mandatory Organic
Waste Disposal Regulations, to Title 13 of the
La Verne Municipal Code.
Ordinance No. 1109 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LA VERNE,
STATE OF CALIFORNIA, COUNTY OF LOS
ANGELES, TO ADD CHAPTER 13.30 -
MANDATORY ORGANIC WASTE DISPOSAL
REGULATIONS, TO TITLE 13 OF THE LA VERNE
MUNICIPAL CODE.
8. PUBLIC COMMENTS/ORAL COMMUNICAT IONS - This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Please email your public comment to the Assistant City Clerk at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record. If you wish to speak, email your phone number and staff will call you back. There is a 3-minute time limit on public comments.
AGENDA, La Verne City Council Meeting, Tuesday, January 18, 2022, Page 5
9. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS - Each Council Member may address the Council and public on matters of general information and/or concern. Thi s is also the time for Council Members to report on conferences and/or meetings they have attended.
10. CLOSED SESSION:
The City Council will meet in a closed session pursuant to Government Code §54957.6
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
The City Council will meet with its legal counsel to discuss significant exposure to litigation pursuant to Government Code §54956.9(c)(d)(2)(e)(3):one potential case pertaining to Accessory Dwelling Units (ADU)
The City Council will meet in Closed Session pursuant to Government Code Section 54957.6 for the following:
Conference with Labor Negotiators regarding the American Rescue Plan Act ARPA Premium Pay
Negotiators: City Manager, Assistant to the City Manager, and City Attorney
Employee Organization(s): La Verne City Employees Association, La Verne Police Officers’ Association, La Verne Firefighters’ Association, La Verne Police Middle Management Association and all
unrepresented employees.
11. ADJOURNMENT
THENEXT REGULAR MEETING of the La Verne City Council
is scheduled for Monday, February 7, 2022, at 6:30 p.m.
AGENDA, La Verne City Council Meeting, Tuesday, January 18, 2022, Page 6
ADVISORY STAFF
____ Robert Russi, City Manager
____ JR Ranells, Assistant to the City Manager
____ Robert Kress, City Attorney
____ Lupe Gaeta Estrella, Assistant City Clerk
____ Shawn Igoe, Public Works Director
____ Eric Scherer, Director of Community Development
____ Marla Pendleton, Finance Director
____ Colleen Flores, Police Chief
____ Christopher Nigg, Fire Chief
____ Yvonne Duran, Community Services Manager
____ Cody Howing, City Engineer
Posting Statement: On Tuesday, January 11, 2022, a true and correct copy of this Agenda was posted on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at cityoflaverne.org.
Table of Contents
Agenda 2
Agenda Items
6a. City Council Minutes 8
6b. Register of Audited Demands 20
6c.1 Election Resolutions 34
6c2. Reso.22-04, Meter Read Devices 58
7. Ord.1109,Waste Disposal Regulations 64
1 City Council Agenda Packet, Tuesday, January 18, 2022
CITY OF LA VERNE
CITY COUNCIL AGENDA
Tuesday, January 18, 2022 - 6:30 p.m.
La Verne City Hall - Council Chambers,
3660 D Street, La Verne, CA 91750
In compliance with the American Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Office at (909) 596-8726 at least 48 hours prior to the meeting. Regular Meetings are held on the 1st and 3rd Monday of every month.
T
he Council Chambers will be opened to the public. In an effort to keep a safe environment and to minimize the spread of the COVID-19 Virus, the City will be limiting occupancy and requiring masking for all that will be in attendance. To facilitate public participation for those who do not wish to attend in person, the meeting will still be made available virtually to residents. Below are the following opportunities on how to participate:
1. V
iew the meeting through the City’s website at www.cityoflaverne.org and click on the green “Council Meeting Live Stream” button.
2. Individuals can email their comments to the Assistant City Clerk at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advanc e of
the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the City are public records that will be made available for public viewing.
3. Individuals who wish to share their comments directly during the meeting may do so by emailin g t
he Assistant City Clerk at [email protected] with their phone number and the item(s) they wish to speak on. Requests will be accepted before and throughout the meeting and staff will call you back at the appropriate time. Once items are considered by the City Council, no
f
urther public comment on that matter will be accepted. A time limit of 3- minutes is set for all public comments.
4. If you wish to participate via Zoom, you will need to register at https://us02web.zoom.us/webinar/register/WN_6-r0SZBtSiKH5LMUrTwHCg before 5:00 p.m. on Tuesday, January 18, 2022 and please be aware that space is limited. You will have the ability t o w
atch the meeting in real time and raise your hand to request to comment as appropriate on th e cur
rent agenda item(s). Once it is your turn to speak, you will be brought into the meeting an d hav
e the ability to turn your video on when called upon.
Tim Hepburn, Mayor
Muir Davis, Mayor Pro Tem
Robin Carder, Council Member
Rick Crosby, Council Member
Wendy M. Lau, Council Member
www.cityoflaverne.org
(909) 596-8726 - Phone
(909) 596-8740 - Fax
City Hall Council Chamber
3660 D Street
La Verne, CA 91750
2 AGENDA, La Verne City Council Meeting, Tuesday, January 18, 2022, Page 2
1. CALL TO ORDER
2. PL
EDGE OF ALLEGIANCE
3. R
OLL CALL: C
ouncil Member Lau, Council Member Crosby, Council Member Carder, Mayor Pro Tem Davis and Mayor Hepburn.
4. Introduction of Police Chief Colleen Flores.
5. A
NNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS (Any person who wishes to make a brief announcement of a future community event that is open to the general public may do so at this t ime)
6. CO
NSENT CALENDAR (All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)
a. C
ity Council Minutes of the regular and adjourned meeting of December 20, 2021 , to be received and filed.
b. R
egister of Audited Demands in the amount of $2,354,498.91 dated December 8, 2021 , in the amount of $203,257.44 dated December 15, 2021, in the amount of $1,382,597.08 dated December 23, 201; and in the amount of $339,712.63, dated 12- 29-21. Approval recommended by Finance Director Pendleton.
c. Staff recommends approval and passage of the following Resolutions:
1. Resolutions No. 22 -01, 22- 02 and 22- 03 - City of La Verne General Municipal Election - The City of La Verne’s General Municipal Election will be held on Tuesday, June 7, 2022. The election will be consolidated with the County of Los Angeles who will be conducting the Statewide Primary Election. On December 20, 2021, the City Council adopted Ordinance No. 1108, changing the date of the City’s General Municipal Election to the date of the statewide primary election of each even- numbered year, although this will result in a different election date depending on the year commencing with the June 7, 2022 election. The terms of the three Officer holders set to expire in March or April of 2022 were extended by State law to expire following the certification of the results of t he
J
une 7, 2022, statewide primary election.
P
ursuant to the provisions of the laws of the State of California relating to General Law cities, there are procedures, requirements and actions that must be taken by City Council for conducting elections. A resolution calling the election for the certain officers; a resolution requesting the Los Angeles Board of Supervisors for consolidation and specific services for the City of La Verne’s General Municipal Election with the Statewide Primary Election; and a resolution setting forth regulations for candidates’ statements must be adopted by City Council.
3 AGENDA, La Verne City Council Meeting, Tuesday, January 18, 2022, Page 3
Assistant City Clerk Estrella recommends that the City Council adopt the following resolutions for conducting the City of La Verne’s General Municipal Election to be held on Tuesday, June 7, 2022.
Resolution No, 22 -01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CALLING FOR THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, FOR THE ELECTION OF CERTAIN OFF ICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
Resolution No. 22 -02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, REQUESTING THE
LOS ANGELES BOARD OF SUPERVISORS TO ORDER THE CONSOLIDATION OF THE CITY OF LA VERNE’S GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD IN THE COUNTY OF LOS ANGELES ON THE SAME DAY; TO AUTHORIZE THE
BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CANVASS THE RETURNS OF SAID GENERAL MUNICIPAL ELECTION; AND TO REQUEST THAT THE
REGISTRAR RECORDER/COUNTY CLERK OF SAID COUNTY BE PERMITTED TO
RENDER FULL SERVICES TO THE CITY OF LA VERNE RELATING TO THE
CONDUCTING OF SAID GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403.
Resolution No. 22 -03 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATE S FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022.
2. Resolution No. 22 -04 - Purchase Agreement for Meter Read Devices - The City currently bills approximately 8,700 accounts bi-monthly. Approximately 800 of those accounts are radio reads, or Automated Meter Reading (AMR). The current meter read devices (Handhelds) and AMR accessories were purchased in 2008 from National Meter.
National Meter notified city staff that our Handhelds and AMR accessories are no longer supported. Additionally, National Meter discontinued technical support of the software used for transferring the meter reads to the billing system.
Public Works Director Igoe recommends that the City Council adopt Resolution No. 22- 04 approving a purchase from Core and Main, Inc. for the budgeted purchase of Meter Read Devices and replacement of the current Automated Meter Reading (AMR) System, not -to- exceed the amount of $190,000 for the AMR Meter Device Update Project; and to authorize the City Manager or his Designee to enter into a contract with Core and Main, Inc. for the purchase of Meter Read Devices and replacement of the current Automated Meter Metering Reading (AMR) System, for the AMR Meter Device Update Project.
Resolution No. 22 -04
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE PURCHASE AGREEMENT BETWEEN THE CITY OF LA VERNE AND CORE AND MAIN, INC. FOR
THE PURCHASE OF METER READ DEVICES AND AUTOMATED METER READ REPLACEMENT SYSTEM.
4 AGENDA, La Verne City Council Meeting, Tuesday, January 18, 2022, Page 4
7. OTHER MATTERS
Ordinance No. 1109 - Mandatory Organic Waste Disposal Regulations - Amending the La Verne Municipal Code by Adding Chapter 13.30 - Senate Bill 1383 (SB 1383), the Short - lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or another enforceable mechanism requiring organic waste to be diverted from landfills. In accordance with SB 1383, all jurisd ictions must have a mandatory organic waste disposal reduction ordinance in place.
In November of 2020, the Repeal and Replace of Chapter 13.28 Collection, Removal and Disposal of Refuse went into effect. In Section 13.28.010(E) Declaration of Policy, mandatory compliance with SB 1383 was established. The City Attorney reviewed the municipal code requirements of SB 1383 and determined staff implement relevant provisions of SB 1383 Regulations to the City Municipal Code for further clarification and enforcement purposes.
Each year the City is required to demonstrate compliance efforts in the Electronic Annual Report (EAR) submitted to CalRecycle, the State’s regulatory agency that oversees California’s State- managed waste handling and recycling programs.
STAFF RECOMMENDATION:
The City Council should introduce, waive further
reading and place on first reading Ordinance No.
1109, adding Chapter 13.30 - Mandatory Organic
Waste Disposal Regulations, to Title 13 of the
La Verne Municipal Code.
Ordinance No. 1109 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LA VERNE,
STATE OF CALIFORNIA, COUNTY OF LOS
ANGELES, TO ADD CHAPTER 13.30 -
MANDATORY ORGANIC WASTE DISPOSAL
REGULATIONS, TO TITLE 13 OF THE LA VERNE
MUNICIPAL CODE.
8. PUBLIC COMMENTS/ORAL COMMUNICAT IONS - This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Please email your public comment to the Assistant City Clerk at [email protected]
. Your public comment will be shared with the
City Council and included as part of the permanent record. If you wish to speak, email your phone number and staff will call you back. There is a 3-minute time limit on public comments.
5 AGENDA, La Verne City Council Meeting, Tuesday, January 18, 2022, Page 5
9. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS - Each Council Member may address the Council and public on matters of general information and/or concern. Thi s is also the time for Council Members to report on conferences and/or meetings they have attended.
10. CLOSED SESSION:
The City Council will meet in a closed session pursuant to Government Code §54957.6
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
The City Council will meet with its legal counsel to discuss significant exposure to litigation pursuant to Government Code §54956.9(c)(d)(2)(e)(3):one potential case pertaining to Accessory Dwelling Units (ADU)
The City Council will meet in Closed Session pursuant to Government Code Section 54957.6 for the following:
Conference with Labor Negotiators regarding the American Rescue Plan Act ARPA Premium Pay
Negotiators: City Manager, Assistant to the City Manager, and City Attorney
Employee Organization(s): La Verne City Employees Association, La Verne Police Officers’ Association, La Verne Firefighters’ Association, La Verne Police Middle Management Association and all
unrepresented employees.
11. ADJOURNMENT
THENEXT REGULAR MEETING of the La Verne City Council
is scheduled for Monday, February 7, 2022, at 6:30 p.m.
6 AGENDA, La Verne City Council Meeting, Tuesday, January 18, 2022, Page 6
ADVISORY STAFF
____ Robert Russi, City Manager
____ JR Ranells, Assistant to the City Manager
____ Robert Kress, City Attorney
____ Lupe Gaeta Estrella, Assistant City Clerk
____ Shawn Igoe, Public Works Director
____ Eric Scherer, Director of Community Development
____ Marla Pendleton, Finance Director
____ Colleen Flores, Police Chief
____ Christopher Nigg, Fire Chief
____ Yvonne Duran, Community Services Manager
____ Cody Howing, City Engineer
Posting Statement: On Tuesday, January 11, 2022, a true and correct copy of this Agenda was posted on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at cityoflaverne.org.
7 1
MINUTES OF AN ADJOURNED MEETING
OF THE CITY COUNCIL OF THE CITY OF
Monday, Decemb et 20. 2o2'l
Council Members present Mayor Tim Hepburn
Mayor Pro Tem Muir Davis
Council Member Robin Carder
Council Member Wendy Lau
Council Member Rick Crosby (Participated remotely from Gilbert, Arizona) The City Council Meeting was opened to the public and the Council Chambers was opena4 to the public. ln an effort to keep a safe environment and to minimize the spread of the COVID-19 Mrus, the City limited occupancy and required masking for those in attendance. To facilitate public participation for those who did not wish to attend in person, the meeting was made available virtually.
An adjourned meeting of the La verne city council was called to order by Mayor Hepbum at 6:p.m.2.
3. Absent:
Advisory personnel present:
None.
City Manager Robert Russi
Assistant to the City Manager JR Ranells
City Attomey Robert L. Kress
Assistant City Clerk Lupe Gaeta Estrella
Police Chief Nick Paz
Police Captain Colleen Flores
Police Lieutenant Sam Gonzales
4 5
Pledge of Allegiance was led by Mayor Hepbum.
Police Badge Pinning
Ceremony
Mayor Hepburn , on behalf of the City Council, congratulated llllark for his promotion to Police Sergeant. Mark was bom and raised in the City of La Veme. ln 1993, Mark joined the La Verne Police Explorer Program where his Explorer Advisor at the time was Ch ief of Police Nick Paz. He began his career as a Police Officer with the City of La Verne when he graduated from the San Bernardino County Sheriffs Academy in 2004 and has been with the City of La Verne for 18 years. Mark exhibits a tremendous amount of care, positivity and pride serving in the City and Police Departnent because La La Verne is his hometown. During his career, Mark has been part of a number of assignments to include patrol, field training, detective, homeless outreach, firearms instructor , tactical operator and sniPer for our regional swat team.
Mark was also assigned to the Drug Enforcement Administration (DEA) where he was federally swom and investigated largs'scale narcotic traffickeF through the use of wiretap investigations. Mark is cunently assigned to patrol where serves as our newest Police Sergeant. Mark has three children. His oldest is one of the City's newest Police Dispatchers. His mother pinned his badge.
8 January 18, 2022, City Council Meeting
Page No. 1
City Council Minutes, Adjourned Meeting, Monday, December 20,2021, Page 2,
6. Closed Session
Mayor Hepburn, on behalf of the Gity Council, congratulated Garlos Flores for his promotion to Police Corporal. Carlos grew up in La Verne and attended Damien High School. He graduated from Cal State Los Angeles with a Bachelofs of Science degree in Finance. Upon graduation, Carlos worked in the private sector for various CPA firms in tax, audit, and financial management oversight of federally funded entities. He was hired by the La Verne Police Department in January of 2016, graduated from the Los Angeles County Sheriffs Academy in the top percentage of his class academically in July of 2016. Carlos has been a recipient of the 10851 pin for recovery of stolen vehicles and subsequent arrests of related suspects and he was twice awarded the 23152 VC pin for most drunk driving arrests. He has been involved with the Homeless Outreach Services Team (HOST), since its inception. Carlos currently serves in the capaci$ of Detective for the La Verne Police Department and Vice President of the La Verne Police Department Police Association. His eldest son pinned his badge.
At 6:10 p.m., the City Council recessed and met in closed session to meet with legal counsel to discuss exposure to litigation pursuant to subdivisions (b)(dx2xe)(2) of Section 54956.9 of the Government Code (one potential case) - Correspondence from Kriger Law Firm on behalf of Sierra La Verne Homeowners Association.
7 Adjournment at 6:48 p.m., and at 6:50 p.m., reconvened to the regular City Council meeting Respectfully submitted,
Lupe Gaeta Estrella, CMC
Assistant City Clerk
9 January 18, 2022, City Council Meeting
Page No. 2
MINUTES OF A REGULAR iIIEETING
OF THE CITY COUNC]L OF THE CITY OF
LA VERNE
Monday, Decembet 20, 202'l
1 . The city council Meeting was opened to the public. ln an effort to keep a safe environment and to minimize the ' $;;if the gOVio-f S Vi.i, the C1y limitei, occupancy and required masking for.those in attendance. To d"irlt"1" pruri" p"rticipation toi inost who did not wistr to attend in person, the meeting was made available virtually.
2. A regular meeting of the La verne city councilwas called to order by Mayor Hepbum at 6:50 p.m.
3. Council Members present Mayor Tim Hepbu-r!
-Mayor Pro Tem Muir Davis
Council Member Robin Carder
Council Member Wendy Lau
Council Member Rick Crosby (Participated remotely from Gilbert' Arizona)
Absent:
Advisory personnel Present:
None
Citv Manaqer Robert Russi
esiistant to ttre City Manager JR Ranells
Citv Attornev Robert L. Kress
nsiistant Ciirt Cterk Lupe Gaeta Estrella
4. 5.
Pledge of Allegiance was led by Mayor Pro Tem Davis'
Announcements of UPcoming
Community Events
6. Consent Calendar
Pulled from the Consent
Calendar/City Council Minutes
Pam Benv. La Veme resident announced that the Los Angeles County bl'u"tlon'rirtuaf rown hall meeting on Camps Afnerbaugh and Paige was postponed to January 5, 2022 at 6:00 p m'
MavorHeDburnstatedthatthecitycouncilhasgoneonrecordinopposition- ilit;;;;;ilil;iAmiroaugn and eaige camps to a secure.vouth treatment i;;iitd i; ,rs"d residents io register ior the virtual town hall.meeting on Lr-"r"-"i s. 202iand to let their coicerns be known He stated that this was a i;U;;ilifi;! He atso urgeo residents to contact the Los Angeles county piol"iion oio"rtrent and i'he Los Angeles County Board of Supervisors and il6;;;;;;#ii;"r. i" .t"t"o tn"t [he citv of san.Dimas has asreed to ioin in",i in oppo.ing ttte proposed conversion ahd the City will be reaching out to surrounding cities for their support.
It was moved by Davis, seconded by Carder,.ard unanimously,carried by roll ;lii; ;pi,;irprove, or act on tn6 consent calendar items' except for the t"ri.*i.i' tiiv Ciruncil Minutes and Youth and Family Action.Committee il;;ili";";d-*E prtt"o uy La verne residents for turther discussion The City Council minutes were pulled by a La V.eme resident requesting a ioiieJi6n to mlnutes pertaining to the vote on districting' Mayor Hepbum called fior public comment'
There was one Public comment.
10 January 18, 2022, City Council Meeting
Page No. 3
City Council Minutes, Monday, December 20, 2021' Page 2.
Register of Audited Demands
Pulled from the Consent
CalendarfYouth and FamilY
Action Committee Executive
Board Appointments
It was moved by Davis, seconded by Lau and unanimously carried by roll call to receive and file the Minutes of December 6, 202'l with conection of the vote on districting.
The Youth and Family Action Committee Executive Board Appointments were pulled from the consent calendar by a La Veme resident for further discussion' for the amount of $1,236,115.41 dated
November 30, 2021, aPvoved as
Pendleton
fecommanded by Finance Dlrector
The Youth and Family Action Comm ittee (YFAC) have a five member executive governing board who are appointed by the City Council. Members of the commiftee are recommending that the CitY Council reappoint Denise Fisher and appoint
Cockrell until June
Executive Board.
Don Kendrick to fulfill the unexpired term of Carolyn
of 2022 to the Youth and Family Action Committee
Authorization
was requested in accordance with Administrative Regulation No. 606 to dispose of computer eq as listed in the staff report that is no longer ofuipment any use to the City of La Verne. AnY and all maintenance contracts relating to these items have been canceled and the items have no resale value. After approval of this request, the approPriate arrangements will be made with a local electronic waste hauler for recycling and disposal. lnformation Systems Specialist Magsi no recommended that the City Council approve disposal of surPlus equipment. APPrcved
Mayor Hepburn called for public comment on this matter' There were several public comments on this matter. (To hear what was said Ourlng fuOiic comm;nt, please visit the City's website to view the archived Council meeting.)
It was moved by Davis, seconded by Lau, and unanimou-sly -carried by rollcall
ii'r*""ointb"iri.e Fisher and app6int Don Kendrick to tumll an unexpired iermit Cirofvn Cockrell until Juie of 2022 to the Youth and Family Action Committee Executve Board.
Mavor Pro Tem Davis thanked Carotyn Cockrell for her service on the Youth ;;j
',,,tu
A;t'- Committee Execuiive Board' He thanked Denise Fisher for Igi#g il uJd"ppointeo to Executive Board and Don Kendrick for applying' Assistant to the City Manager Ranells recommended that the City Council r""oooini resiaent benise Fisher for another tu'o years until J,une of 2024 and a;;,fii ;;;i6iDon Kendrick to serve the unexpired term of carolvn cockrell il[il;;;iro, io tne Youur ano Family Action committee Executive Board' Approved as recommg/,/ded bY s,Frff.
Declaration of Surplus
Equipment - ComPuter
Equipment
'l
rccommended'
computer FF']
11 January 18, 2022, City Council Meeting
Page No. 4
City Council Minutes, Monday, December 20, 2O2'l ' Page 3 Declaration of Surplus
Equipment - Computer
Equipment
Resolution No. 2'l-92
Approving a Class SPecification
and Salary for Fire Marshal and
Authorization
Resolution No. 21-93,
Approving Application for Per
Capital Grant
Declaratlon of Surplus EoulDment ' Certai4 ylhiclei 3nd EqglDment - @rdance with Administrative Regulalion No.
6OG to dispose certain vehicles and equipment that have. de eciated through the equiprirent fund and scheduled for replacement. Each unit is no longer usefuioi is ineffective for current operational requirements. Each will become surplus to the City's operational needs and should be disposed upon replacement.
Public Works Director lgoe recommended that the City Council declare the vehicles and equipmen[ identified in Attachment A as surplus to the City's needs and furthei recommended that staff be directed to sell each in a fair and equitable manner per Administrative Regulation ry9 -69q.- ryprove the sale of Unit 2O5g to ttre City of Tonance in the amount of $21,000 and authorize the City Manager to fin;lize the sale of Unit 2050 with the City of West Covina' Approved as recom men ded.
Staff lecommended aDoroval and Dassaoe of the tollowlno Resolutions:
Be!e[dcn-Uo.j?lA2-- A RESOLUTIoN oF THE CITY COUNCIL oF rHE CITT OF LA VER]''E COUNry OF LOS ANGELES, STATE OF CALIFORNIA'
APPROVING A CLASS SPECIFICATION AND SALARY FOR FIRE
MARSHAL AS WELL AS AUTHORIZING REQUESTED POSITION
CHANGES - As a result of increasing demands and associated technical knowledge required in the Fire Prevention Bureau, the City is in need of reclassi{ing it! Deputy Fire Marshal position to a Fire.Marshal position ln accordance-with thi: City's personnel rules and regulations, such changes require formal City Council approval.
Fire Chief Nigg recommended that the City Council adopt Resolution No 21- gi, approvinii class specification and salary for Fire M-arshal and authorizing a podition cninge in $A 2021'2022 approved budget. Apprcved as rccommended.
Eescls$9!-!q.2!91 - A RESOLUTION OF THE Clw COUNCIL oF
ffirry oF LAVERNE, couNTY oF Los ANGELES, srATE oF
cAlrontn APPRovtNG APPLICATIoN FoR PER cAPlrA GRANT
iUNOS - fn" City of La Verne has the opportunity to apply for grant funds ttrorotr ttre Catitoinia Drought, Water, Parks, Climate, Coastal Protection, and ortator Access tor All AcGf 2018. For the General Per capita Program, the Staie witt award a total of $'185 million and the City of La Verne's available oortion is $198.2rt4. Resolution No. 2'l-93 authorizes the City to submit an Sppilc"tio,i for i'er capita Program grant tunds to replace the existing Aquatic clinieiOLcr canopieswith peinanent shade structures, replace the in- pool gnts witn new LED lighting, add three new lifeguard towers, and replace two lane line reels.
Community Services Manager Duran recommended that the City Council. appiore nlsorrtion No. 2l---93, authorizing the C-ity oJ-La Verne's application disrant funOs through the Prop 68 Per CapitaGrant Program and approve tneiroposed prolecirecommendation to be submitted as part of the State appiicaiion. Approved as rccommended.
12 January 18, 2022, City Council Meeting
Page No. 5
City Council Minutes, Monday, December 20, 2021' Page 4 Resolution No. 21-94,
Adopting a Salary Chart fror All-
Part Time Employees
(lncreases from CA Minimum
Wage)
Resolution No. 21-95,
Accepting the Easement within
2070 N. White Avenue for
Drainage Purposes
- A RESOLUTION OF THE CITY COUNCIL, OF THE
CITY OF LAVERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A SALARY CHART FORALL PART.TIME EMPLOYEES AND
REPLEALING RESOLUTION NO. 21-94 - The resolution and salary table reflect adjustments in compensation resulting from increases in the California Minimum Wage effective with the New Year.
. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAVERNE, COU NTY OF LOS ANGELES, STATE OF
CALIFORNIA, ACCEPTING THE EASEMENTWITHIN 2O7O N. WHITE
AVENUE FOR DRAINAGE PURPOSES AND FINDING THE ACTION
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT - Drainage improvements on the private proPerty located at 2070 N. White Avenue, have been identified as Part of the work associated with the extension of the Metro L Line (Gold Line) Proiect through the City of La Verne. The Proposed modifications include partial rePlacement and realignment of existing drainage facilities. These improvements include public drainage sYstems which will be owned and maintained bY the CitY and require acceptance of an easement for drainage Purposes.
Assistant to the City Manager Ranelts recommended that the City council adopt Resolution Nb. 21-94, adopting a salary chart for all part-time employees. Approved as recommended.
City Engineer Howing recommended that the City Councl! gpqlove Resolution rliil z'i-.6s, iccepting-the easement, direct the Assistant City clerk to execute ih; dil;".t" dn Gn"lf of the city and file them with the county Recorde/s Offt@. APNoved as nacommended.
Resolution No. 21-96,
Execution of an EmPloyment
Aoreement with Colleen Flores
f; the Position of Police Chief
Effective January 1, 2022
CITY OF
- A RESOLUTIO N OF THE CITY COUNCIL OF THE
LAVERNE, COU NTY OF LOS ANGELES, STATE OF CALIFORNIA,
AUTHORIZING THE EXEC UTION OF AN EMPLOYMENT AGREEMENT
W|TH COLLEN FLORES FOR THE POSITION OF POLICE CHIEF
EFFECTIVE JANU ARY 1, 2022 - With the anticiPated retirement of Police Chief Nick Paz scheduled for the end of the month, the City Council held a closed session on Monday, December 6 to discuss terms of an employment agreement with CaPtain Colleen Flores. Based on Council discussion and input from Ms. Flores, the following agreement has been prepared outlining the terms of her emploYment as the City's next Police Chief.
City Manager Russi recommended that the City Council to approve Resolution iils6, an Erprovment agreement with captain-colleen R Flores for the poJti6n ot pori.6 chief elfective Janu ary 1 , 2022' Aqproved as Mavor Pro Tem Davis recognized Collen Flores as the City's new Police Chief #;;r;'ifi;ti, ioiz ina looked foruard to workins with her' ln addition' #il;;-d;;;';mmenoeo Police chief Paz for the wonderful work he has io""Jldiin" p"ri"" Department and the community He wished him well on this retirement.
n
13 January 18, 2022, City Council Meeting
Page No. 6
City Council Minutes, Monday, December 20, 2021, Page 5.
Ordinance No. 'l 108,
Changing the Date of the City's
General Municipal Election from
the First Tuesday after the First
Monday of March in Even-
Numbered Years to the Date of
the Statewide Primary in
Election Years
ir.nr.il7r,r'l
. AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA CHANGING THE DATE OF THE CITY'S GENERAL
MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY OF MARCH IN EVEN.NUM BERED YEARS TO THE DATE OF THE STATEWDE PRIMARY IN ELECTION YEARS - Due to the State changing the statewide primary to March in presidential primary years, but retaining the June date for non- Presidential primary years, the City must conform its General Municipal Election date to the State dates. This is required by the Califomia Voter Participation Rights Act.
Election will be held on June 7, 2022.
The next La Verne General Municipal
7. Public Comment
8. Council Comments
citv Attornev Kress recommended that the City Council waive reading in full "nf
aiooiCjroinance 1',l08, which will designate La Verne General Municipal Eieaion'Oates to coincide with the statewide primary election Approved as This was the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda'
Mayor Hepbum called for public comment.
There were several public comments at the meeting' (To hear.what was said iiiriiri'iruri" ilm6nt, please visit the city's website to view the archived Council meeting.)
Two public comment emails received and are attached'
City Manager Russi replied to questions asked during public comments' He Dublicallv exoressed his thanks to Police Chief Paz for his service to the iiti;ilffi it
";ii
r""t pt""trt" *orking with him He stated that he would
be missed.
Council Member Crosby stated he was grateful to be able to. remotely ;;;ip;ifi th; a"rt;il Meetins. He stated that everyone had to stand [o;"tni,, in oooo"ition to the coniersion of Afflerbaugh and Paige Camps to a ;,il; ;;ffiG;ir"ni t".iriti".. He urged residents to register for the virtual ffi;;ii;;;'tilin iinrrrv s, 2022ind to communicate their concerns He fi;;iil G;"ii;t-simison foi her suggestion on other wavs.Afflerbaugh and ;;;; d;;a;. be used. He wislidd everyone a Happv Holidavs He l,J.tlirrliSo i"tice Ctriet paz on his retirement and thanked him for his service.
Council Member Lau also thanked Jennifer Simison for her different JJr"""iion. on n"nding camp Afrlerbaugh and Paige camp?.--She urged [:il;.s i; ;;tfiimoie intoimation on ihis matter to bring different ;il;ffi; :il ;;asoning against tne conversion of Afflerbaugh and Paise 6-ri.,"""" " .""rre vouth-treltment facilities' She reported that the University ;ru"';;;t;;;;tiy'r,"lo, blood drive and urs99 rgslderlts to.donate blood ;fi;;;;dit "i"ded.
She thanked Police-chief Paz for alwavs having- an
""""'Aooi
anO Soending time meeting with her when she was first elected to ;"Ju;;itt# ili;o evlrvone ttappv Hotidavs, stav safe and be kind' 14 January 18, 2022, City Council Meeting
Page No. 7
City Council Minutes, Monday, December 20, 202'l, Page 6 Cancellation of the January 3,
2022, City Council Meeting
10. Closed Session
11 Adjournment at 8:32 P.m
Respectfully submitted,
Lupe Gaeta Estrella, CMC
Assistant city clerk
Council Member Carder also thanked Police Chief Paz for his service. She thanked him for being a mentor to incoming Police Chief Flores. She stated it was disheartening and frustrating not being able to answer or defend themselves against false statements made during public comments. She hoped that year 2022 would be different and everyone could work together.
Sh'e stiated ihat the whole City Council are on the resident's side and the City Council are on record opposing the proposed conversion of Afflerbaugh and Paige Camps as a secure youth treatment facilities and the Council's opposition was posted on social media. She thanked Mayor Hepburn for his leadership on this matter and for agreeing to be the Council's spokesperson.
She stated that everyone has to stand together. She wished everyone a Merry Christmas and reminded everyone to look out for Santa Claus on Christmas Morning.
Mayor Pro Tem Davis stated that volunteers were still needed for Christmas Moining. He reported on the new recycling regulalions starting in January. 2022 and the flier that was mailed with the City's Municipal bill- He thanked Police Paz for his service and on his retirement He thanked Mayor Hepburn for agreeing to represent the City Council on the Afflerbaugh.and Paige Camps matt6r. He encouraged residents to research the matter and communicate different points on their letter to the Probation Department and the Board of Supervisors. He stated that public participation and communication are important and that the City has to stand together.
Mayor Hepbum reported on Winter Wonderland and thanked Community Services ManagerDuran and staff for hosting an awesome event that was enjoyed by maiy. He spoke about the Veterans Wreath across America event wtreie nori-profii organizations raise funds to place wreaths on veteran's graves across America. He commended Police Chief Paz on his succession flanning for his replacement and for being a mentor to incomin-g. Police chief Ftores. ile thanked tne city of San Dimas for joining the city of La Verne in opposition to the conversion of Afflerbaugh and Paige Camps to a secure yilirttr treatment facilities and he hoped to garner the support of surrounding ;ities. He stated that this was a La Verne issue and everyone should be concerned and fight. He wished everyone a Merry Christmas and to stay safe' Mayor Hepburn announced that due to limited need and consistent with past prattices,'the Jan uary 3,2022, regular City Council Meeting at 6:30 p m'' is cancelled.
At 8:15 p.m., the City Council met in Closed Session with legal counsel to aetJrmiire wiretner or not to participate in the National opioid setflements with manufacturers and distributors pursuant to Govemment Code Section 54956.9.
The City Council unanimously approved opting into the National Opioid settlemlnts which will provide money to combat addiction' I
15 January 18, 2022, City Council Meeting
Page No. 8
$ec<+"b.t'&D &cl.,rl Co,.r,nct t f'teeti
Subject:
Malik Tariq <[email protected]>
Monday, December 2Q,202L U:28 AM
City Clerk
A message to be read in city council meeting today
Estimado/a Sr.lSra.
Assalamu alaikum wa rahmatul-lahi wa barakatuhu. (!Que la paz de Dios sea con usted!) Hi I am sending a message to be read in city council meeting today.
Thanks a lot.
is I protection
In the name of Allah thenGracious, The Merciful.
Respected Mayor!
reatful to you and your team for giving me this apportunity.
As everybody is worried because of the omicron variant, apart fro the precautions and the vaccine, we should turn to God. m
ur
Merciful God who is the real protection against every calamity. !f He protects nothing can harm us and nothing can protect us if we aren't under his Protection.
I want to present a few words of a man of God, who was Sent by God in this era as non law bearing prophet, the Promises Messiah and lmam Mahdi. I reffer to Hazrat Mirza Ghulam Ahmad of Qadian, lndia, the founder of Ahmadiyya Muslim Community' His Holiness says:-
I say truly that if crying before God Almighty is full of utmost humility, it moves His grace and mercy and draws them (towards h
Sent:
ng
I'm so
the supplicator). I can saY out of
the grace and mercy of God co
the shape of the acceptance of
experience that I have felt
g towards me, which comes in
my
min
prayer,. lndeed, I rather saY that I
a
1 16
January 18, 2022, City Council Meeting
Page No. 9
have actually seen it. lf the dark-minded philosophers of this age cannot feel it or see it, this verity is not going to disappear from the world, more so because I am ready to demonstrate the acceptance of prayer at all times. [Malfuzat, vol. I, p. 198]
Let me present his words in spanish language as well.
Digo verdaderamente que si llorar ante Dios Todopoderoso est6 lleno de humildad extrema, mueve Su gracia y misericordia y las atrae (hacia el suplicante). Puedo decir de mi propia experiencia que he sentido la gracia y la misericordia de Dios viniendo a m[, que viene en la forma de la aceptaci6n de la plegaria. De hecho, prefiero decir que realmente lo he visto. Si los fil6sofos de la oscuridad de esta 6poca no pueden sentirlo o verlo, esta verdad no va a desaparecer del mundo, m6s a(n porque estoy dispuesto a dar muestra de la aceptaci6n de la oraci6n en todo momento. [Malfuzat, vol. l, p. 198]
So in my humble opinion we should pray to God more than before because only He is the source of true protection. May God protect every soul living in the world. Amen.
Regards,
Danya Tariq
Cell phone 323 6850110
2 17
January 18, 2022, City Council Meeting
Page No. 10
Lupe Estrella Du.*^L*^. &o/ &0&l Cor.r',c, t Mrefi rt1
From:
Sent:
To:
SubJect:
time.
Sincerely
Glenn Diekmann and Niki diekmann
Niki diekmann <[email protected]>
Monday, December 20,202L 11:26 AM
City Clerk
Paige - Affelbaugh camps
Hi Council members,
I am a 10 year North La Verne Resident with three kids in our district. I recently heard about these camps being converted to Juvenile Detention camps for hardened criminals, so called youths ranging in age from ,16-25.
- basically adults. I am very disappointed that I was NOT informed by my city about this as my home is closest to thi camps. I would have expected to see a mailer go out to all nearby residents informing us of what is coming and how we can voice our opinion against this transformation. I appreciate that our city leaders are agai;st this from happening but I feel we need to do more. For example, Show up and lead.rallies ofposing thiicamp, Send information to residents affected by these camps and show a united front with our sinoot district, residents, and city and get our city attorney involvedllll have read the literature on how they want to operate these camps and it is scary.
My two younger kids (ages '12), ride their bikes around Marshall Canyon and Slevens Ranch Road. My olOer daugnter is a siudent ai AHS and is on the golf team which practices at Marshall Canyon Golf . .
Course...Iirectty on Stevens Ranch Road which is the only access point to and from the camp. My daughter. and her friends walk the course and walk home on Stevens Ranch Road. I am not comfortable with hardened criminals living in an unsecured - unarmed facility less than a mile from the golf course. l.am not OK with visitors to theiamp traveling up Stevens Ranch
-lload
to visit the residents there either. Also, what is the plan after these so called youths are released from the camp? The JJD material states that they want to have the n"rrUy.iti". employind help rehab these criminals by allowing them to work in the communities. I hope that oui ciiy is r"nenienily opposed to this and is fighting h'ard to prevent this from happening. Thank you for your 1 18
January 18, 2022, City Council Meeting
Page No. 11
This page left intentionally blank
This page left intentionally blank
19 January 18, 2022, City Council Meeting
Page No. 12
CITY OF LA VERNE
REGISTER OF AUDMED DEMANDS
1?,812021
DEMANDS PRESENTED }IAVE BEEN APPROVED CONSISTENT WITTI THE CITYS PURCHASING/FUNDING POLICY AND TIAVE BEENREVIEWED BY THE FINANCE DIRECTOR FOR ACCI.JRACY AND PROPERAPPROVAL.
SUMMARY OF DEMANDS
IARGEST 10 CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
AMOUNT ISSI.]EDTO DESCRIMION
l.
2. 3.
4. 5.
6. 7.
8. 9.
10. 499,624.5s
444,273.25
107,61 8.80
37,953.57
33,71 8.83
25,t24.s0
13,301.16
12,714.00
l 0,784.38
9,1 l 1.09
E3,739.93
THREE VALLEYS MUMCIPAL WATER DISTRICT
WASTEMANAGEMENT
RECYCLEAWAY, LLC.
GREENSCAPE MAINTENANCE SERVICES, INC.
CALIFORNIA FUELS AND LI.'BRICANTS
DE NOVO PLANNING GROI'P
DEPARTMENT OF HEALTH CARE SERVICES
ENVIRONMENT CONTROL PUENTE HILLS
Au{nDVAIIK
XYBD( SYSTEMS, INC.
OTTIERDEMANDS
OCTOBER 2021 WATER USE
SEPTEMBER AND OCTOBER 2021 REFUSE SERVICES
PURCHASE OF 48 TRASH AND REYCLE BINS FOR CITYWIDE HIGH TRAFFIC AREAS CITY WIDE MAINTENANCE - NOVEMBER 2O2I
DIESEL AND UNLEADED FUEL PURCHASE FOR THE FLEET DEPARTMENT PROFESSIONAL SERVICES. DECEMBER 2O2I
GROUND EMERGENCY MEDICAL TRANSPORT COSTS.3RD QUARTER
MONTHLY MAINT. AND DISINFECTING SERVICES. OCTOBER TO DECEMBER 2O2I
MULTI DRONE SET PURCTIASE FOR THE POLICE DEPARTMENT
BASE REPLACEMENT FOR DISPATCH CONSOLE
$ 1,277,964.06
DEMANDS OF 55,014.86 WERE PAID ON BE}IALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
DEMANDS OF $I,071,519.99 WERE PAID FOR PAYROLLAND EMPLOYEE BENEFIT RELATED ITEMS, IN ACCOFDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTITY THAT THIS IS ATRI.'E AND ACCURATEREGISTER OF AUDITED DEMANDS.
L. CPA
Page I of4
20 January 18, 2022, City Council Meeting
Page No. 13
CITY OF LA VERNE
REGISTER OF AI.JDITED DEMANDS.E)GIIBIT A 12/8n021
C}IECKNO, AMOUNT ISSI.]ED TO
157576 S
1s7577
157578
1575?9
157580
157581
157582
I 57583
157584
I 57585
I 57586
1s7587
157588
157589
157590
157591
157s92
157593
157594
157595
157596
157597
I 57598
157599
I 57600
157601
157602
157603
157604
157605
157606
157607
157608
157609
157610
15761 I
157612
157613
157614
1576t5
157616
157617
157618
157619
157620
1s7621
157622
157623
157624
t57625
157626
157627
157628
157629
I 57630
157631
157632
157633
157634
157635
157636
157637
1s7638
157639
157640
157641
157643
157644
157645
1s7646
1s7647
157648
157649
10,784.38
32.70 1 50.00
l,l 12.88
210.00
100.00
24.00 6s0.00
70.00 900.00
33,718.83
t25.00
15.00 378.66
1s0.00
748.38
125.00
1,732.11
2s0.00
25,124.50
500.00
78.00 4,s60.22
205.84
49.02 45.8t
72.37 30.21
252.80
2,988.47
136.86
70.28 110.00
7.s0
307.32
9.85 18.00
65.65 277.03
53.76 350.00
9,097.27
1,770.00
3,914.00
50.00 1,020.00
10.00 624.96
461.05
595.21
696.42
s0.00
s,754.91
107,61 8.80
2,900.00
8.71 84.00
204.70
723.00
23.85 906.81
289.18
583.s0
1,s20.35
1,000.00
427.97
806.04
291.00
2,lrl.2l
629.81
7.56 60.64
82.91 AARDVARK
ACTION AWARDS, INC.
ADRIE-MARIE HUEZO
AIR EXCHANGE, INC.
ALE]ANDROLZARDI
ARI,ANAOROZCO
BJORNFLEI.,rREN
BONANNO,DAVID
BI,JRRO CANYON SHOOTING PARK
CALIFORNIA COMPUTER SCHOOLS, INC.
CALIFORNI,A KJELS AND LUBRICANTS
CALIFORNIA PEST MANAGEMENT,INC.
CARISSANIETSCHMANN
CHARTER COMMUMCATIONS
CMRTA
COLLEYFORD
CALIFORNIA PEACE OFFICERS' ASSOC.
DANIELS TIRE SERVICE
DAVID CASTRO
DENOVO PTANNING GROIJP
DEBORAHBROWNLEE
DIVISION OF THE STATE ARCHITECT
ELITE EQUIPMENT INC.
EMPLOYMENT DEVELOPMENT DEPARTMENT
EVERSOFI
EWING IRRIGATION PRODUCTS
FEDEX
FLUID TECH
FOOTHILL BUILDING MATERIALS
FRONTIER COMMTNICATIONS
GAETA SR., EDUARDO
INMARK
JULIAN ADDIEL
KAUSENFX
KEYSTONE IJNIFORM DEPOT
KONICA MINOLTA BUSINESS SOLUTIONS
KYOCERA DOCUMENT SOLUTIONS WEST
LEEPER, CORY
LOWES
MAGSINO, JAMES ROMER
MAK FIRE PROTECTION ENGINEERING &
MARKA. GARCIA
MCLAY SERVICES, INC.
METROPOLITAN WATER DISTRICT
MONIQIJE SIMISON
MOTOROLA SOLUTIONS, INC.
NATALIELAWRENCE
O.F. WOLFINBARGER
OFFICE DEPOT
PACIFIC CREST ENTERPRISES
PARADISE EMBROIDERY & SCREEN PRINT'
POLICE zuTURISTS INTERNATIONAL
POMONA, CITY OF
RECYCLE AWAY, LLC.
SALVADOR'S IRON WORKS
SANDERS LOCK &KEY
SCMAF-SAN GABRIEL VALLEY
SOCALGAS CO
SOCIAL VOCATIONAL SERVICES D.B.A. EMPLOY AMERICA
SOUTHERN CALIFORNIA EDISON
SPRAGUES" INC.
STEVEDANIELS
T-MOBILE
TEC COLORCRAFT
THE COUNSELING TEAM INTERNATIONAL
THE LABRADA GROUP TRUST
TIMEWARNERCABLE
TRANSTJNION RISK & ALTERNATIVE DATA
U,S. POSTMASTER
IJLINE
IJPS
VERZONWIRELESS
WALTERS WHOLESALE ELECTRIC CO.
Page2 of 4
21 January 18, 2022, City Council Meeting
Page No. 14
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS. EXHIBIT A 12t8t202r
CHECKNO. AMOUNT ISSUED TO
I 57650
I 5765 I
157652
157653
157654
157655
157656
157657
BANK DRAFT
EFT
EFT
EFT
EFT
EF.T
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EF-T
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
444,273.25
2,297.88
319.93
2,175.25
327.14
9,1 1 1.09
785.75
s0.00
13,301. l6
275.63
278.29
746.53
490.10
12,714.00
1,000.00
37,953.57
716.86
542.79
989.96
16.04 1,800.00
r 8s.41
238.83
2,062.50
90.84 1,795.00
499,624.55
361.71
160.81
7,s42.23
4,822.67
WASTEMANAGEMENT
WELLS FARGO VENDOR FIN SERV
WEXBANK
WM CORPORATE SERVICES, INC.
)GROX CORPORATION
XYBIX SYSTEMS,INC.
YWCA SANGABRIELVALLEY
1975 PUDDINGSTONE DRIVE LLC
DEPARTMENT OF HEALTHCARE SERVICES
ALL STAR FIRE EQUIPMENT INC.
AM-TEC TOTAL SECTJRITY, INC.
AMAZON CAPITAL SERVICES, INC.
COLLEGIATE PRESS
EI.N/IRONMENT CONTROL PUENTE HILLS
FORENSIC NURSE SPECIALISTS, INC.
GREENSCAPE MAINTENANCE SERVICES, INC.
HARRINGTON INDUSTRIAL PLASTICS, LLC
HI.WAY SAFETY INC.
INTERSTATE BATTERY INLAND VALLEY
KRONOS INCORPORATED
NOBEL SYSTEMS
OFFICE SOLUTIONS
POMONA TRUCK & AUTO SUPPLY
RKA CONSULTING GROUP
SOUTH COAST EMERGENCY VEHICLE SERVICES
SWAG IT PRODUCTIONS
THREE VALLEYS MUNICIPAL WATER DISTRICT
TIFCO INDUSTRIES, INC.
UNDERGROI.'ND SERVICE ALERT OF SO CAL
WEST COAST ARBORISTS, INC.
WESTERN WATER WORKS
Total Payroll and Employee Benefit Payments
TOTAI LAIMPACT DEMANdS
1,277,964.06
1,071,519.99
5,014.86
Total DemandsT---733?l43EDT-#
Benefit Pavments:Pavroll and
157665
157666
157667
157668
157669
157670
t57671
157672
157671
157674
157675
BANKDRAFT
BANKDRAFT
BANK DRAFT
BANKDRAFT
BANKDRAFT
BANKDRAFT
BANKDRAFT
BANKDRAFT
EF-T
EF-T
EFT
EFT
EFT
EFT
Total
1,8s9.76
3,155.76
|,397.56
480.00
1,410.00
6,725.13
t55,295.78
75,952.05
1,401.78
81s.60
19.00 34,167.84
1 52,61 1.16
3,306.69
323.85
22,783.90
1,579.76
103,601.77
485,400.38
I,438.04
2,786.2s
2,426.28
1,7s0.00
731.65
100.00
AFLAC
DELTA DENTAL INSURANCE COMPANY
DELTADENTAL
CITY OF LAVERNE EMPLOYEE FI.'ND
FIDELITY INVESTMENTS #P0754
THE HARTFORD. PRIORITY ACCOI.JNTS
TIEALTHNET
KAISER FOI.'NDATION HEALTH PLAN
METLM - GROUP BENEFITS
NEWMAN,A.C.
I.JMTEDWAY CAMPAIGN
CALIFORNIA, STATEOF
CALIFORNIA, STATE OF
MASSACHUSETTS MUTUAL LIFE INSIJRANCE ROTH
MASSACHUSETTS MUTUAL LIFE INSI,JRANCE - 4OIA
MASSACHUSETTS MUTUAL LIFE INSI]RANCE
STATE DISBURSEMENT TJNIT
UNITED STATES TREASIJRY
PAYROLL t1nrn021 TO t2104D021
CHARLES SCHWABBANK
IA VERNE FIRE ASSOCIATION
LA VERNE POLICE OFFICERS ASSOCIATION
RUSSI, CHRISTINA M.
WAGEWORKSINC,
WAGEWORKS.ADMIN FEE.
$ 1,071,519.99
Break down of standard providers and the
Provider
A.C. Newman Co.
Delta Dental
The Hartford
Health Net
Kaiser
benefis they provide
Benefits Description
Employee dental insurance coverage
Life Insurance PolicY
Employee health insurance
Employee health insurance
22 January 18, 2022, City Council Meeting
Page No. 15
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS. EXHIBIT A
CHECKNO. AMOI.JNT ISSUEDTO
t2t8D02t
Wage Works
US Treasurey
State of Califomia
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
Fire/Police/Ia Veme Employee Fund
Flexible Savings Account (FSA) deductions
Employee federal tax withholdings
Employee state income ta>q unemployment insurance and child supporVgamishments 40lA plan
4578 plan
Roth plan
Replacement Social Security plan
Employee Group Dues
L,AIMPACT Law Enforcement Task Force Demands
157491
157492
157493
t57494
157495
Total
$ 511.56
1,099.00
2,700.00
420.00
284.30
BPS TACTICAL, INC.
CHARTER COMMI,]MCATIONS
CODE 5 GROUP, LLC.
T.MOBILE USA, INC.
TRANSI.JNION RISK & ALTERNATIVE DATA
$ s,014.86
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities.
23 January 18, 2022, City Council Meeting
Page No. 16
CITY OF LA VERNE
REGISTER OF AIJDITED DEMANDS
r2nsD02l
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CTTY'S PURC}IASING/TUNDING POLICY AND HAVE BEEN REVIEWED BY THE FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.
SIJMMARY OF DEMANDS
LARGEST CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.
AMOUNT ISSUED TO DESCRIPTION
1. 2.
3. 4.
6. 7.
8. 9.
10. CITZEN COMMI.]NICATIONS, LLC
ATHENS SERVICES
CJPIA - EXCESS POOL
ARCTIC GLACIER USA, INC.
SCIENTIA CONSULTING GROUP, INC.
INTER-CON SECURJTY SYSTEMS, INC.
CALIFORNIA LANDSCAPE & DESIGN
COMMUNICATION CENTER SPECI.ALISTS
SUPEzuOR COURT OF CA,COUNTY OF L.A.
LSA ASSOCIATES, INC.
OTHER DEMANDS
$ 163,553.76
DEMANDS OF $39,703.68 WERE PAID ON BEHALF OF LAIMPACT FOR t.AW ENFORCEMENT TASK FORCE OPERATIONS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY T}IAT THIS IS A IRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.
t4,3 10.00
I 1,528.45
9,453.50
9,lL4.37
8,939.91
8,606.58
7,937.00
5,789.50
5,609.00
4,5 I 0.00
77,755.45
RECYCLIST PROGRAM TRACKER ANN. SUBSCRIPTION. DEC. 2O2I TO NOV. 2022 CITYWIDE STREET SWEEPING SERVICES. NOVEMBER 2021
CLAIMS PAYMENTS - NOVEMBER 2O2I
WINTER WONDERLAND EVENT SUPPLIES
CONSULTING SERVICES . NOVEMBER 2O2I
PARKING ENFORCEMENT SERVICES - NOVEMBER 2021
LANDSCAPE AND SPORTS PARK MAINTENANCE - NOVEMBER 2021
DISPATCH EQUIPMENT CLEANING SERVICES
COURT CMATION - NOVEMBER 2021
PROFESSIONAL SERVICES - AUGUST 2O2I
L-r
L.
Page I of3
24 January 18, 2022, City Council Meeting
Page No. 17
CITY OF LA VERNE
REGISTEROF AUDITED DEMANDS - EXHIBITA
CHECKNO. AMOT]NT ISSUED TO
t2lt5l202t
157676 $
1s7677
157678
rs7679
r 57680
I 5768 l
157682
I 57683
157684
l 57685
I 57686
157687
I s7688
I s7689
t57690
t57691
r57692
157691
t57694
ts7695
1s7696
1s7697
t57698
1s7699
157700
t57701
157702
t57703
157704
157705
157706
t57707
I 57708
157709
157710
1577 ll
t577t2
t57713
157714
1577 t5
t577 t7
t57718
157720
157721
157723
157724
t57725
157726
157727
157'128
157729
1s7730
t5773t
t57732
157733
157734
157735
1s7736
157737
I 57738
15'.1739
157740
157741
t57742
157743
157744
157745
550.00
158.78
s8.88
l10.00
140.00
1,200.00
r90.00
85.00 2,800.00
9,t14.37
630.10
I1,528.45
80.00 35.00
35.00 235.49
21.08 1,281.1s
120.00
14,310.00
245.00
444.75
5,789.50
I10.00
1,200.00
I I1.00
600.00
205.00
162.00
89.00 256.08
355.00
20.05 499.63
1,200.00
131.00
1,700.00
2s0.00
r,78s.45
203.6s
4,083.38
867.s1
1,000.00
r,900.00
22.50 347.40
110.00
r,264.98
1,119.75
12s.00
20s.00
1,200.00
45.00 96.00
135.00
756.47
910.00
r,200.00
1,200.00
75.00 466.71
1,700.00
r,700.00
140.00
6s.00
487.2'7
8,939.91
A & J RICHS CLEAN SERVICE CORP.
ACTNOWSIGNS
AIRX UTILITY SURVERYORS INC.
ALICE STEWART
ALL PURPOSE DOCUMENT DESTRUCTION
NICHOLEALT
AMERICAN TANK TESTING
AMERICAN WATER WORKS ASSN.
RICHARDARAGON
ARCTIC GLACIER USA, INC.
AT&T
ATHENS SERVICES
BARBARA CUTLER
BERNADETTE ALTAMIRANO
BETINA FINIANOS
C &ELUMBERCOMPANIY
CARQUEST AUTO PARTS
CARROT.TOP INDUSTRIES
CITBANK,N,A.
CITIZEN COMMIJNICATIONS, LLC
RETIRED SENIOR VOL. PATROL INC.
COLLEY FORD
COMMI,JNICANON CENTER SPECI,ALISTS
CONGCONGGONG
KATHYCORDOVA
DEPARTMENT OF PUBLIC HEALTH
CPCA
DANIELCHACON
DEPARTMENT OF JUSTICE
DIRECTV
EWING IRRIGATION PRODUCTS
EXTREME SAFETY INC.
FEDEX
GARCIA,DAVID
ST{ANTELLE GARCI.A
GOLDEN STATE WATER COMPANY
KEVINGREENWAY
HEDRICK FIRE PROTECTION
HINDERLITER, DE LLAMAS & ASSOCIATES
HOLLIDAYROCKCO.
HOME DEPOT CREDIT SERVICES
INLAND EMPIRE STAGES, LTD.
KEYSTONE I'NIFORM DEPOT
KIDMANI-AWLLP
L&MCONSTRUCTION, INC.
LA VERNE PETTY CASH
LETICIA MENDOZA.COBERY
LIFE-ASSIST
THOMASLOZANO
MCLAY SERVICES, INC.
MICHAELJACKSON
DANNYMONTOYA
NANCYFRANKLIN
PREMIER FAMILY MEDICINE ASSOCIATES
RADC
REESES VINTAGE PIECES
ROBERTRUSSELL
ROBERTRUSSI
GABRIEL SALAS
SALLY RAAB
SAM'S CLUB/SYNCHRONY BANK
SAN BERNARDINO VALLEY COLLEGE
SAN BERNARDINO VALLEY COLLEGE
SAN GABRIEL VALLEY CITY MGR. ASSN.
SANDERS LOCK & KEY
HOLLIE SAVAGE
SCIENTIA CONSULTING GROUP, INC.
Page2of 3
25 January 18, 2022, City Council Meeting
Page No. 18
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS . EXHIBIT A
CHECKNO. AMOI,JNT ISSUEDTO
l2ll5/2021
r57746
157747
157748
157749
r57750
r5775r
15',1752
157753
157754
157755
r57756
t57757
157758
157759
157760
t57761
157762
157763
157764
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
1,195.24
22.50 959.50
l,323.00
71.15 672.14
5,609.00
1,200.00
53.94 2,s46.85
4,378.29
155.00
47.54 1s3.61
3,1 3s.36
s9.00
40.00 492.80
2,138.00
3,172.73
2s4.65
1,750.00
7,937.00
1,047.38
966.99
9,4s3.s0
1,228.61
2,453.58
773.84
8,606.s8
480.s8
4,510.00
2,320.00
733.87
3,162.01
2,247.23
DEBORAH SEELY
SHANIQUEDRUMMOND
SIERRA PACIFIC ELEC. CONTRACTING
SOUTHERN CALIF. REG. RAIL AUTH.
SOUTHERN CALIFORNIA EDISON
STAPLES CREDIT PI-A,N
SUPERIOR COURT OF CA,COUNTY OF L.A.
RIGOTERRIQUEZ
TERRY'S CANVAS
THOMPSON PLUMBING SUPPLY, INC.
TPX COMMIJNICATIONS
TRIPEPI SMITH
VISTA PAINT CORPORATION
WALTERS WHOLESALE ELECTRIC CO.
WAXIE SANITARY SUPPLY
WAYFINDER FAMILY SERVICES
WILMAMCLEOD
YOUTH EVOLUTION ACTIVITIES
4IMPRINT, INC
ALL STARFIRE EQUIPMENT, INC.
AMAZON CAPITAL SERVICES, INC.
CALIBER COMMERCI,AL POOL SERVICES
CALIFORNI.A LANDSCAPE & DESIGN
COLLEGIATEPRESS
COMMERCTAL DOOR COMPANY, INC.
CJPTA - EXCESS POOL
GREENSCAPE MAINTENANCE SERVICES INC.
HASA, INC.
HI-WAY SAFETY INC.
INTER.CON SECURJTY SYSTEMS, INC.
INTERSTATE BATTERY INLAND VALLEY
LSA ASSOCIATES, INC.
MARTIN SCHERER ELECTRIC, INC.
POMONA TRUCK & AUTO SUPPLY
TURBO DATA SYSTEMS, INC.
WESTERNWATERWORKS
I 63,ss3.76
39,703.68 Total LAIMPACT Demands
TotalDemands @-
LAIMPACT Law Enforcement Task Force Demands - December 1st,2021 157765
157766
157767
1s7768
157772
157777
MI]LTIPLE
Total
$ 530.s6
597.87
5,463.65
17.96 105.00
4,648.64
28,340.00
BPS TACTICAL, INC.
CBE LOS ANGELES
CMY OF PASADENA
FEDERALEXPRESS CORP.
SOUTHLAND SHREDDING
VERIZONWIRELESS
LAI ENFORCEMENT OPERATIONS
$ 39,703.68
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to I,AIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities.
26 January 18, 2022, City Council Meeting
Page No. 19
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
1212312021
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITYS PT]RCHASING/FUNDING POLICYAND HAVE BEEN REVIEWED BY T}IE FINANCE DIRECTOR FORACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER TTIAN PAYROLL AND RELATED BENEFITS.
AMOUNT DESCRIPTION
1. t
J.
4. 5.
6. 7.
8. 9.
10. 222,0s0.81
67,424.06
22,423.00
21,793.22
20,189.71
17,452.93
12,091.75
l 1,300.00
10,452.71
8,712.52
95,969.09
ISSI.'ED TO
WASTEMANAGEMENT
PTM GENERAL ENGINEERING SERVICES
DIGITAL SCEPTER CORPORATION
U.S. BANK COPORATE CREDIT CARD
ALL AMERICAN ASPHALT
CARF AMBULANCE SERVICE,INC
RKA CONSI.JLTING GROUP
ROGERS, ANDERSON, MALODY & SCOTT
GREENSCAPE MAINTENANCE SERVICES INC.
WITTMAN ENTERPRISES, LLC
OTHERDEMANDS
NOVEMBER 2O2I REzuSE SERVICES
DIJRWAPD AND WHITE AVETRAFFIC SIGNAL IMPROVEMENTS
FIREWALL HARDWARE S1JPPORT SUBSCRIPTION
CTTY CREDIT CARD PAYMENT. SEPTEMBER 2O2I
HORMEL & RAMONA GRIND AND OVERLAY RETENTION PAYMENT
AMBULANCE TRANSPORT COSTS. APRIL TO NOVEMBER 2O2I CLAIMS ENGINEERING SERVICES - SEPTEMBER AND OCTOBER 202 I
PROFESSIONAL SERVICES .FY 2O2OI2O2I ANNUAL AUDIT
CMY WIDE MAINTENANCE. DECEMBER 2O2I
EMS BILLING SERVICE C}IARGES - NOVEIVIBER 2021
$ 509,8s9.80
DEMANDS OF 55,369.03 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
DEMANDS OF $867,368.25 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS.
N ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I IIEREBY CERTIFY TTIAT THIS IS A TRIJE AND ACCI.JRATE REGISTER OF AUDITED DEMANDS.
L.
DIRECTOR
Page I of3
27 January 18, 2022, City Council Meeting
Page No. 20
CITY OF LAVERNE
REGISTER OF AUDITED DEMANDS - E)GIIBIT A
CTIECKNO. AMOUNT ISSI.JEDTO
r2t23t2021
157779
157780
157781
157782
157783
157784
157786
t5778?
1s7788
157789
157790
157791
157792
157793
157794
t57795
157796
157797
157798
157799
157800
157801
157802
I 57803
157804
157805
157806
157807
157808
157809
I 578 l0
15781 I
157812
I 5781 3
157814
I 57815
I 578 l6
I 578 l7
15781 E
157819
157820
157821
157822
157823
157824
t57825
t57E26
t57827
157828
157829
157830
I 5783 I
157832
157833
157834
157835
157836
157837
I 57838
157839
157840
157841
157842
BANKDRAFT
BANK DRAFT
EFf
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EF'T
$ 1,000.00
20,t89.7r
5,588.63
133.39
602.21
3,150.50
50.00 17,4s2.93
14.00 5,528.65
120.00
168. l5
546.00
845.79
4,2 19.8t
6l1.00
12s.00
22,423.00
1,139.27
2,590.93
1,000.00
2,792.01
682.4s
141.58
127.?3
800.00
2,624.68
6s.00
2,141.52
21.76 3,551.88
I10.00
61.37 273.32
14.00 100.00
4s0.36
3,44r.00
75.00 546.00
44.1s
l 10.00
116.25
2,538.53
I 14.98
67,424.06
477.50
92.00 I,457.50
r,475.00
14.00 774.00
767.78
14.00 7,500.00
661.50
1,96s.41
6l1.55
89.38 222,050.81
405. l0
780.00
1,600.80
1,650.55
21,793.22
1,966.03
91.50 22.02
4,759.94
6,969.24
400.00
35.28 2,241.48
10,452.71
LA VERNE PETTY CASH
ALL AMERICAN ASPHALT
ATKINSON,ANDELSON,LOYA,RUUD & ROMO
BAILEY, BRADLEY
BROOKS-ALLAN
CALIFORNIADEPARTMENT OF FISH & WILDLIFE
CAPEACCOUNTING
CARE AMBULANCE SERVICE,INC
CHAVIRA, DAVID
CICO ELECTRICAL CONTRACTORS, INC.
CITY OF LA VERNE RETIRED SEMOR VOL. PATROL INC.
COLANTUONO, HIGHSMITH & W}IATLEY, PC
CORDERO, JASLYN
COLINTY OF LOS ANGELES DEPARTMENT OF PTJBLIC WORKS
DATAPROSE, INC.
DEPARTMENT OF ruSTICE
DEPARTMENT OF JUSTICE ATTY. GENERAL'S REG. OF CTIARITABLE TRUSTS
DIGITAL SCEPTER CORPORATION
DIRECT EDCE INC.
ECONOLITE SYSTEMS, INC.
EDWARDS, SUZANNE E.
EKMAN, ROBBIN
FOOTHILL BUILDING MATERIALS
GOLDEN STATE WATER COMPANY
GREENWAY,KEVIN
HEDRICK FIRE PROTECTION
HOLT,LONI
INTERNATIONAL ASSOC. FOR PROPERTY AND EVIDENCE, INC.
INLAND VALLEY DAILY BI.JLLETIN
SN BERNARDINO COUNTY INNOVATION AND TECHNOLOGY DEPT.
INTELLI-TECH
JENMFER WHELAND
JLILIAN ADDIEL
KEVINPUIG
KINGAN, ANTHONY
I-A,WTTON TEST
LESLIE'S POOLMART, INC.
LIEBERT CASSIDY WHITMORE
LOS ANGELES COI,JNTY CLERK
MCJI.JNKIN, ALEXA
METROHONDA
MILISSA DEFAZIO
MONTOYA,DANNY
ROCKYOPLIGER
PARADISE EMBROIDERY & SCREEN PRINT.
PTM GENERAL ENGINEERING SERVICES
REESE'S VINTAGE PIECES
SAFESIIRED COMPANY, INC.
SAGECREST PLANNING & E].IVIRONMENTAL
SANDERS TOWING, INC.
SOLGAT, DALLAS
STAR BERRY FARMS
THE RONALD REAGAN PRESIDENTI,AL FOI.JN
TIMOTHY LOPEZ
TRIPEPI SMITTI
TRITECH SOFTWARE SYSTEMS
WADIMIRTRUBIN
VETTI, MIKE
WALTERS WHOLESALE ELECTRIC CO,
WASTEMANAGEMENT
WAXIE SANITARY SUPPLY
WITHERS & SANDGREN LTD.
ZEMAN, KELLY
FIRST AMERICAN TITLE COMPANY
U.S. BANK COPORATE CREDIT CARD
ALL STATE POLICE EQI.'IPMENT CO.
AM.TEC TOTAL SECURITY INC.
AMAZON CAPITAL SERVICES, INC.
BABCOCK LABORATORIES, INC.
BRENNTAG PACIFIC, INC.
CALIBER COMMEBJCAL POOL SERVICE
COLLEGIATE PRESS
COMMERCTAL DOOR COMPANY, INC.
GREENSCAPE MAINTENANCE SERVICES INC.
28 January 18, 2022, City Council Meeting
Page No. 21
CITY OF I.A, VERNE
REGISTER OF AUDITED DEMANDS . EXHIBIT A t2t2312021
CHECKNO. AMOUNT ISSUED TO
EFT
EFT
EFT
EFI
EFT
EFT
EFT
EFT
EFT
154.84
194.01
3,356.51
12,091.75
11,300.00
375.00
164.11
6,526.16
8,7t2.52
509,859.80
867,368.25
5,369.03
D".und,Jil5E23frI3-
HI.WAY SAFETY INC.
LA VERNE POWER EQUIPMENT, INC.
MI.JNISERVICES
RKA CONSULTING GROI]P
ROGERS, ANDERSON. MAI.,ODY & SCOTT
TERRY'S TESTING,INC.
UNDER.GROUND SERVICE ALERT OF SO CAL
WEST COAST ARBORISTS, INC,
WTTTMAN ENTERPRISES, LLC
Total Payroll and Employee Benefit Payments
Total I,AIMPACT Demands
Total
Payroll and Employee Benefit Payments:
157846
157847
I 57848
rs7849
BANKDRAFT
BANKDRAFT
BANKDRAFT
BANKDRAFT
BANKDRAFT
BANKDRAIT
BANKDRAFT
BANKDRATT
EFT
EFT
EFT
EFT
EFT
Total
460.00
1,410.00
150.63
19.00 38,147.26
149,601.79
3,332.80
s,802.99
22,123.46
1,579.76
I 13,13s.49
521,747.63
2,223.26
2,786.25
2,366.28
1,750.00
Break down of standard providers and the benefits they provide Provider
CITY OF LAVERNE EMPLOYEE FI.JND
FIDELITY INVESTMENTS #P0754
HEAT}IERREYES
UNITED WAY CAMPAIGN
CALIFORNIA, STATE OF
CALIFORNIA, STATE OF
MASSACHUSETTS MUTUAL LIFE INSI,JRANCE ROTH
MASSACHUSETTS MUTUAL LIFE INSIJRANCE . 4O1A
MASSACHUSETTS MUTUAL LIFE INSURANCE
STATE DISBURSEMENT UNTT
UNTED STATES TREASURY
PAYROLL t2t05D02t rO 12t t8t202t
C}IARLES SCHWABBANK
LA VERNE FIRE ASSOCIATION
LA VERNE POLICE OFFICERS ASSOCIATION
RUSSI, CHRISTINA M.
WAGEWORKS INC.
Benefits Description
731.65
s 867,368.25
A.C. Newman Co. Accidental Death Life Insurance
Delta Dental Employee dental insurance coverage
The Hartford Life Insurance Policy
HealthNet Employee health insurance
Kaiser Employee health insurance
Wage Works Flexible Savings Account (FSA) deductions
US Treasurey Employee federal tax withholdings
State of Califomia Employee state income tax, unemployment insurance and child support/gamishments Mass Mutual A 401A plan
Mass Mutual B 4578 plan
Mass Mutual Roth Roth plan
LincolnNational ReplacementSocial Securityplan
Fire/Police/La Veme Employee Func Employee Group Dues
LAIMPACT Law Enforcement Task Force Demands
1s7843
157844
157W5
Total
g 20r.77
108.99
5,058.27
s 5,369.03
CELL BUSINESS EQI,IIPMENT
PURCHASEPOWER
STAPLES BUSINESS CREDIT
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside ofI,AIMPACT activities.
29 January 18, 2022, City Council Meeting
Page No. 22
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
r2t29n02t
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH T}IE CITY'S PURCHASING/FTJNDING POLICY AND HAVE BEEN REVIEWED BY THE FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST CITY DEMAND PAYMENTS OT}IER T}IAN PAYROLL AND RELATED BENEFITS.
AMOUNT ISSTJED TO DESCRIPTION
SAN ANIONIO WATER COMPANY ONE YEAR LEASE OF GROUNDWATERl.
2. 3.
4. 5.
6. 7.
8. 9.
10. t00,000.00
34,504.32 CALPERS REPLACEMENT BENEFIT ruND
3O,O43.OO PRECISION CONCRETE CUTTING
I 0,930. I I GREENSCAPE MAINTENANCE SERVICES, INC.
9,490.00 ECOTIERRACONSULTING
8,949.67 INI.AND VALLEY HI'MANE SOCIETY
5,414.48 L.N. CURTIS AND SONS
4,785.00 BLUE CROSS
2,094.05 DANIELS TIRE SERVICE
I,99O.OO MARTIN SCHERER ELECTRIC, INC.
13,976.23 OTHER DEMANDS
5 222,176.86
DEMANDS OF $I I 7,535.77 WERE PAID ON BEI{ALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY T}IAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.
CPA
2022 REPLACEMENT BENEF'IT CONTRIBUTION CHARGES
SURVEY/REMOVAL OF SIDEWALK TRIP HAZARDS T}IROUGHOUT THE CITY CITYWIDE MAINTENANCE. DECEMBER 2O2I
CONSULTING SERVICES. JANUARY TO SEPTEMBER 2O2I
ANIMAL CARE AND CONTROL SERVICES . NOVEMBER 2O2I
PT]RCI{ASE OF FIRE DEPARTMENT SUPPLIES
PARAMEDIC SERVICE FEE REFI.JND DUE TO OVERPAYMENT
TIRE PIJRCHASE. FLEET DEPARTMENT
ELECTRICAL SERVICE CALL FOR VETERANS HALL
L.
30 January 18, 2022, City Council Meeting
Page No. 23
CITY OF LA VERNE
REGISTEROFAUDITED DEMANDS - EXHIBIT A
CHECKNO. AMOI]NT ISSUED TO
t21291202r
157850 $
I 5785 I
I 57852
I 57853
I 57854
I 57855
I 57856
I 57857
l 57858
I 57859
I s7860
I 5786 I
157862
I 57863
157864
157865
I 57866
157867
1 57868
I 57869
l 57870
I 5787 I
157872
t57873
t57874
157875
157876
157877
1 57878
157879
I 57880
I 5788 I
I 57882
I 57883
I 57884
I 57885
r 57886
l 57887
l 57888
l 57889
r 57890
1 5789 I
157892
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
1,030.26
16s.00
4,78s.00
341.01
680.00
725.00
82.50 3l 1.54
82.50 2,094.05
9,490.00
1,000.00
309.14
20.00 82.50
165.00
165.00
82.s0
798.55
8,949.67
20.00 82.50
90.00 91.72
481 .90
9.00 247.50
269.20
82.50 30,043.00
34,504.32
100,000.00
I15.73
45.00 247.50
20.00 45.00
33.41 165.00
82.50 r08.28
1,776.32
301.77
106.34
163.85
70.56 10,930.1 I
908.48
149.58
5A14.48
725.00
1,990.00
124.01
226.18
I.146.90
ALBERTSONS/SAFEWAY
BAUTISTA, STEPHEN
BLUE CROSS
BROWNMOTORWORKS
CALIFORNIA PEST MANAGEMENT,INC,
CALIFORNI.A POLICE CHIEFS ASSN. INC.
CAMPBELL, LARRY
COLLEY FORD
COOK, DAVIS
DANIELS TIRE SERVICE
ECOTIERRA CONSULTING
FRANCISCOGUZMAN
FRONTIER COMM1JNICATIONS
FUTURA ENERGY, INC.
GARCIA,DAVID
GONZALEZ, EMMANUEL
HEDRICK FIRE PROTECTION
HERNANDEZ,FRANK
IMS REFRIGERATION, INC.
INLAND VALLEY HUMANE SOCIETY
INSTANTNHD, INC.
JACQUES,MICHAEL
JESSICA HI]NTER
JULI.ANN KING
KEYSTONE I]NIFORM DEPOT
KYOCERA DOCUMENT SOLUTIONS WEST
MOORE,TRAVIS
MYERS TIRE SUPPLY
NOBBS,CONNOR
PRECISION CONCRETE CUTTING
REPLACEMENT BENEFIT FUND, CALPERS
SAN ANTONIO WATER COMPANY
SO CAL GAS CO
SOWING SEEDS FOR LIFE
THOMPSON,CORY
TLG PAVING CO., INC.
TONY SOV
VISTA PAINT CORPORATION
WILFONG,JIMMY
WILTON,KEVIN
XEROX CORPORATION
YWCA SAN GABRIEL VALLEY
ZEP SALES & SERVICE
ALL STAR FIRE EQUIPMENT INC.
COASTLINE EQUIPMENT
COLLEGIATE PRESS
GREENSCAPE MAINTENANCE SERVICES, INC.
HASA, INC.
INTERSTATE BATTERY INT-A,ND VALLEY
L.N. CURTIS AND SONS
LAW ENFORCEMENT MEDICAL SERVICES
MARTIN SCHERER ELECTRIC, INC.
ORANGE LINE OIL COMPANY, INC.
POMONA TRUCK & AUTO SUPPLY
SOUTH COAST EMERGENCY VEHICLE SERVICES
222,176.86
117,535.77
s 319,'712.63:
Total LAIMPACT Demands
Total Demands
Law
I 57893
157894
I 57898
MULTIPLE
Task Force
415.00
16s.00
105.00
109,600.00
$ BANKOF
CODE 5 GROUP, LLC.
FOOTHILL COMMUNICATIONS, INC.
SOUTHLAND SHREDDING, INC.
LAI ENFORCEMENT OPERATIONS
Page2of 3
31 January 18, 2022, City Council Meeting
Page No. 24
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A t2r29D02t
CHECKNO. AMOUNT ISSUEDTO
Total $ I 17,535.77
LAIMpACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of I,AIMPACT activities.
32 January 18, 2022, City Council Meeting
Page No. 25
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This page left intentionally blank
33 January 18, 2022, City Council Meeting
Page No. 26
Memorandum
CITY OF LA VERNE
City Clerk's Office
DATE:
TO:
FROM:
SUBJECT:
January 18,2022
Mayor and City Council
Lupe Gaeta Estrella, Assistant City Clerk
June 7, 2022, General Municipal Election
E[ffr.t-tl
The City of La Verne's General Municipal Election will be held on Tuesday, June 7, 2022. The election will be consolidated with the County of Los Angeles who will be conducting the Statewide Primary Election. On December 20, 2021, the City Council adopted Ordinance No. 1108, changing the date of the City's General Municipal Election to the date of the statewide primary election of each even-numbered year, although this will result in a different election date depending on the year commencing with the June 7, 2022 election. The terms of the three Officer holders set to expire in March or April of 2022 were extended by State law to expire following the certification of the results of the June 7, 2022, statewide primary election.
Pursuant to the provisions of the laws of the State of California relating to General Law cities, there are procedures, requirements and actions that must be taken by City Council for conducting elections. A Resolution calling the election for the certain officers; a resolution requesting the Los Angeles Board of Supervisors for consolidation and specific services for the City of La Verne's General Municipal Election with the Statewide Primary Election; and a resolution setting forth regulations for candidates'statements must be adopted by City Council.
RECOMMENDATION
Staff recommends that the City Council adopt the following Resolutions for conducting the City of La Verne's General Municipal Election to be held on Tuesday, June 7 ,2022. a. Resolution No. 22-01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CALLING FOR THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7,2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
34 January 18, 2022, City Council Meeting
Page No. 27
Staff Report, June 7 ,2022 Election, January 18,2022, Page 2 b. Resolution No. 22-02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, REQUESTING THE
LOS ANGELES BOARD OF SUPERVISORS TO ORDER THE CONSOLIDATION OF THE
CITY OF LA VERNE'S GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD IN THE COUNTY OF LOS ANGELES ON THE SAME DAY; TO AUTHOR]ZE THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CANVASS THE RETURNS OF SAID GENERAL MUNICIPAL ELECTION; AND TO REQUEST THAT THE REGISTRAR-
RECORDER/COUNTY CLERK OF SAID COUNTY BE PERMITTED TO RENDER FULL
SERVICES TO THE CITY OF LA VERNE RELATING TO THE CONDUCTING OF SAID
GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE sEcTroN 10403.
C. Resolution No. 22.03 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF I.A VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING
REGUI-ATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, JUNE 7,2022.
BACKGROUND:
The City of La Verne's General Municipal Elections were held in March of odd years. To comply with new State law, on December 18, 2017, the La Verne City Council adopted Ordinance No. 1080, moving the City's General Election to the first Tuesday after the first Monday in March of even numbered years commencing with the March 3,2020 Election. Due to the State changing the statewide primary to March in presidential year in 2021, but retaining the June date for non- presidential primary in even years, the City needed to conform its General Municipal Election date to the state dates. This was required by the California Voter Participation Rights Act. On December 20,2021, the City Council adopted Ordinance No. 1108, changing the date of the City's General Municipal Election to conform with the statewide primary election years commencing with the June 7,2022 General Municipal Election.
Pursuant to the Council action of approval of Ordinance No. 1 106 and 1107 , the City will move to a by-district election system. As such, Council Members will be elected by the voters in the district in which they live every four years. For the June 7, 2022 eleclion, voters in Districts 1, 3, and 4 will vote for one Council Member in their respective district. 35 January 18, 2022, City Council Meeting
Page No. 28
Staff Report, June 7 ,2022 Election, January 18,2022, Page 3 4 God.n Hllls Rd
C(nrt*dO!'bg(
&rdl. Dr
Amherst St
Dd
Eoo
t
g!r
so
6oE-
i"
&_ 3*",
Ut
,u
5 or
Vt
%,q%
+rr,
Residents can go to the City's website at www.citvoflaverne.orq/districtmap to view the district map and locate which district they are in. ln addition, a mailer will be mailed in January of 2022, to all La Verne registered voters by the County of Los Angeles after the Los Angeles County Board of Supervisors approves the date change advising them of the election date change and the transition to a by-district election.
The nomination period starts on Monday, February 14,2022 through Monday, March 14,2022 lf an incumbent does not file by Monday, l/larch 14,2022, by 5.00 p.m., the California Election Code Section 8024 extends the nomination period to allow additionaltime for non-incumbents. ln this event, the nomination period will be extended to Wednesday, March 16,2022. 2t I 22 Election
Districts 1,3 &4
March 2024 Election
Districts 2 & 5
Learn More
tt/apLaVerne.org/
Se lected- tV a p
June3
d
"-"
cs
'c
1 36
January 18, 2022, City Council Meeting
Page No. 29
Staff Report, June 7 ,2022 Election, January 18,2022, Page 4 City Responsibilities
The Assistant City Clerk is the Election Official and will only be involved in candidate nomination paperwork filing, receiving of FPPC filings, and publishing of notices.
Visiting voting centers and poll workers throughout the day on Election Day to ensure compliance.
Update the City's website on Election night with the election results, as they become available.
Serve as a "drop off' location for vote-by-mail ballots. Ballot box located in front of City Hall.
The City of La Verne will host a Candidate's Forum and it will be scheduled at a later date.
Election Services bv the Countv of Los Anqeles
. Most elements of the election will be administered by the County; . Ballot counting will take place at the County's Registrar of Voter's office, not at City Hall; . Semi-final results may not be known untilthe following days or a week later and final results may not be certified until July of 2022. Elected officers may not legally take office until the City receives certification from the county and declares the results. . Precinct lists, street indexes, vote-by-mail lists, maps, will be available from the county of Los Angeles, not the City Clerk;
The cost of conducting the City of La Verne's General Municipal consolidated Election with the County of Los Angeles is estimated to be $100,000.00 for election services by the County Regisirar-Recorder/County Clerk. This amount will also include expenses incurred by the City Cleik's Department in conducting the election. Funds will be appropriated in the 2022-23 budget to support this expense.
Election Law Chanqes
Assemblv Bi!! 57 - Effective January 1,2021, a state contribution limit by default apply to City canOidates that have not enacted a contribution limit. The default limit for contributions for City candidates subject to AB 571 for 2021-22 are set at $4,900 per election. The $4,900 contribution limit is what an individual, business entity or committeelPac can contribute to a City candidate.
Assemblv Bitl 37 - Makes permanent the measure to send vote-by-mail ballot to every active registervoter passedin2021. ln person voting opportunities will be made available, but will be analyzed at the County levelfor implementation.
Attachments: Resolution No. 22-01 - Calling Election
Resolution No.22-02 - Request to I-ACO for Consolidation Resolution No. 22-03 - Candidates' statements Requirements La Verne/Los Angeles County Mailer
Ordinance No. 1106 - Districting
Ordinance No. 1 107 - Districting
Ordinance No. 1108 - Election Date Change
a
a
a
a
a
37 January 18, 2022, City Council Meeting
Page No. 30
RESOLUTION NO. 22-01
A RESOLUTTON OF THE CITY COUNGTL OF THE CITY OF LA VERNE, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNTCIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7,2022,FOR
THE ELECTION OF CERTATN OFFICERS AS REQUIRED BY THE PROVISIONS OF
THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE,
STATE OF CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER, AS FOLLOWS:
WHEREAS, under the provision of the laws relating to general law cities in the State of California, a General Municipat Election shall be held on Tuesday, June 7, 2022, for the election of Municipal Officers;
Section 1. That pursuant to the requirements of the laws of the State of California, relating to General Law Cities, there is called and ordered to be held in the City of La Verne, California, on Tuesday, June 7 ,2022, a General Municipal Election for the purpose of electing three (3) Members of the City Council for a four-year term' Council Member, 1tt District for a four-year term
Council Member, 3'd District for a four-year term
Council Member, 4th District for a four-year term
Section 2. pursuant to the provisions of Section 1002 of the Election Code of the State of California, the City Council requests the Registrar Recorder/County Clerk of the county of Los Angeles to conduct the General Municipal Election.
Section 3. That the notice of the time and place of holding the election is given and the Assistant city clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law' Section 4. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law holding municipal elections 38 January 18, 2022, City Council Meeting
Page No. 31
section 5. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Los Angeles county Registrar/Recorder county clerk, the city council in accordance with the Election code section 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot' section 6. That the Assistant city clerk is hereby directed to forward a copy of this Resolution to the Registrar Recorder/County Clerk of the County of Los Angeles' section 7. That the Mayor shall sign and the Assistant city clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED, AND ADOPTED this l8h day ol January,2O22' Tim Hepburn, MaYor
AfiEST:
Lupe Gaeta Estrella, City Clerk
I hereby certify that the foregoing Resolution No.22-01 by the City Council of the CitY of La Verne at a meeting January,2O22, by the following vote:
adopted
day of
AYES:
NOES:
ABSENT:
ABSTAIN:
Lupe Gaeta Estrella,
2 Resolution No. 22-01
Assistant City Clerk
39 January 18, 2022, City Council Meeting
Page No. 32
RESOLUTION NO.
A RESOLUTION OF THE GITY COUNCIL OF THE CITY OF LAVERNE' COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES FOR CONSOLIDATION OF THE CITY OF
LA VERNE'S GENERAL MUNICIPAL WITH THE STATEWDE PRIMARY
ELECTION TO BE HELD TUESDAY, JUNE 7' 2022, PURSUANT TO SECTION IO4O3 OF
THE CALTFORNIA ELECTION CODE AND TO RENDER SPECIFIED SERVICES TO THE
CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION WHEREAS, the City Council of the City of La Verne called a General Municipal Elec'tion to be held on Tuesday, June7,2022, forthe purpose
Council in districts 1, 3 and 4 for a four year term'
of electing three members of the City
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide Primary Election to be held on the same date, and that within the City the precincts' voting centers, and election officers of the two elections be the same, and that the County Electio ns Official canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election; WHEREAS, The California Election Code Seclion 10002 authorizes the City to request by resolution that the Board of Supervisors authorize the County Elections O'fficial to conduct specified election services.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA
DECLARE, DETERMINE AND
That the City Council further requests the Board of Supervisors to consent and agree to the consolidation of the CitY of La Verne's General Municipal Eleclion with a Statewide Primary Election to be held on Tuesday, June 7, 2022, andthallhe Los Angeles County Registrar Recorder/County Clerk Election Division take atl necessary steps to hold a consolidated election.
@!!q!Thatpursuanttotherequirementsof-sectionl0403oftheElectionsCodeof ttre ot sii'i6-ot-catifornia relating to General Law cities, the city council has called for an iiiJJil" td oJnLiJ on ruesaayi.tiine7,2022, a General Municipal Eleclio-n forthe purpose of !i"ai.g ihr." (3) members toiir- ciiy councir, for a four year term. one for District 1, one for District 3 and one for District 4.
$!!4! That the Los Angeles County.Registrar Recorder/County Clerk Elec'tion Division is authorized to canvass in; returns ofihe General Municipal Election. Th-e election shall be held in all respects
""if tn"i" *"t" only one election, and only one form of ba-llot shall be used. The election will U"'tt"fA
"nt
conOuAla in accordance with the provisions of the law
regulating the Statewide or special election'
40 January 18, 2022, City Council Meeting
Page No. 33
@!!g..!.ThatthecityofLaVemerecogniT.esthatallnecessaryexpensesincurredby the LosaTfebs County Regisirar Recorder/County Clerk Election Division in performing these services shall be paid by the City of La Verne'
Section 6, That in all particulars not otherwise specifically provided inthis Resolution, tne Ebaion snall be held and conducted as provided by law. &q!!fL That the Los Angeles County Board of Supervisorsis hereby further ^respecff@uested to place upon the same ballot as that provided forlhe Statewide General Election tobe held in the bounty of Los Angeles on Tuesday, June 7,2022, the names of the candidates for the offices of
Council Member, 1d District or a four-year term
Council Member, 3d District for a four-year term
Council Member, 4h District for a four-year term
That the Assistant CitY Clerk is directed to file an original certified copy of this Resolution with the Los Angeles
County Elections Official.
County Board of Supervisors and a copy with the Los Angeles Section 8. That the Assistant city clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 186 day ofJanuary, 2022' Tim Hepburn, Mayor
ATTEST:
Lupe Gaeta Estrella, CMC
Assistant City Clerk
2Resolution No. 22-02
41 January 18, 2022, City Council Meeting
Page No. 34
CERTIFICATION
I hereby certify that the foregoing Resolution No.22-02was duly and regularly adopted by the City Council oi the City of La Verne at a meeting thereof held on the 18'n day of January, 2022, by the following vote:
STATE OF CALIFORNIA )
couNTY oF LOS ANGELES) SS
ctTY oF LA VERNE )
AYES:
NOES:
ABSENT:
ABSTAIN:
Lupe Gaeta Estrella, CMC
Assistant City Clerk
3Resolution No.22'02
42 January 18, 2022, City Council Meeting
Page No. 35
RESOLUTION NO. 22.03
A RESOLUTTON OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFIGE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, JUNE 7,2022 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. GENERAL PROVISIONS That pursuant to Section 13307 of the Electionffide oithe State of California, each candidate for elective office to be voted for at an election to be held in the City of La Verne on Tuesday, June 7,2022, may prepare a candidate's statement on an appropriate form provided by the Assistant City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of fne candidate, nor membership or activity in partisan political organizations.
The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
Section 2. FOREIGN LANGUAGE POLICY
a. pursuant to the FederalVoting Rights Act, the City is required to translate candidate's statements into Spanish.
b. pursuant to State law, the candidate's statement must be translated and printed (in the monolingual voters pamphlet for that target language) in any language that is supported by the county at the candidate's request. c. The Assistant CitY Clerk shall:
1. Translations
in (a) above (SPanish).
the candidate in (b) above.
43 January 18, 2022, City Council Meeting
Page No. 36
2. Printing
> Print all translations of all candidates' statements in the main voter pamphlet - the main voter pamphlet will be in English and Spanish.
F Print any translations of candidates who so request printing in the main voter pamphlet - the main voter pamphlet will be in English and Spanish' also containing candidate statement translations if requested by the candidate.
PAYMENT
a. Translations
1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in (a) and/or (b) of Section 2 above pursuant to Federal and/or State law'
2. The candidate shall be required to pay for the cost of translating the candidate's statement into any foreign language that is NOT REQUIRED as specifiedin(B)ofSection2above,pursuanttoFederaland/orStatelaw,but is requested as an option by the candidate.
b. Printing
1. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the main voter pamphlet'
2. The candidate shall be required to pay for the cost of printing the . candidates statement in a ioreign language required in (A) of Section 2 above, in the main voter PamPhlet.
3. The candidate shall be required to pay for the cost of printing the .. . . candidate'sstatementinaforeignlanguagerequestedbythecandidate p-r @) of Section 2 above, in the monolingual voters pamphlel for that iatgit ianguage which is separate from the main voter pamphlet' TheAssistantCityClerkshallestimatethetotalcostofprinting,handling' translating,andmailingthecandidates,statementsfiledpursuanttothis section, iicluding costs incuned as a result of complying with the voting Rigfrts Act of 1965 (as amended), and require each candidate filing a stitement to pay in advance to the local agency his or her estimated pro ratashareasaconditionofhavinghisorherstatementincludedinthe voieis pampnnt. ln the event the estimated payment is required' the estimati is just an approximation of the actual cost that varies from one election to inottrer eGaion and may be significantly more or less than the estimate,dependingontheactualnumberofcandidatesfilingstatements' AccorUin'gf V,'ttte Aslistant City Clerk is not bound by the estimate and may, on i iro rata basis, bill the candidate for additional ac'tual expenses orrefundanyexcesspaiddependingonthefinalactualcost'lntheevent 2 Resolution No. 22-03
44 January 18, 2022, City Council Meeting
Page No. 37
of underpayment, the clerk may require the candidate to pay the balance of the cost incuned. ln the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
Section 4. IIIISCELLANEOUS
a. All translations shall be provided by professionally-certified translators b. The Assistant city clerk shall comply with all recommendations and standards set forth by the ialifornia Secretary of State regarding occupational designations and other matters relating to elections'
section 5. ADDITIoNAL MATERIALS No candidate will be permitted to include additional materials in the sample ballot package.
section6'ThattheAssistantcityclerkshallprovideeachcandidateorthe candidaie,s representative a copy of this itesolution at the time nominating petitions are issued' Section 7. That all previous resolutions establishing city Gouncil policy on payment for candidates are rePealed.
Sections.Thatthisresolutionshallapplyonlytotheelectiontobeheldon June 7 ,2022, and shall then be repealed.
Section 9. The Mayor shall sign and the Assistant City Clerk shall certifytolhe passage and adoption of this Resoluiion and th;reupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this'l8h day of
Mayor Tim HePburn
ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
I hereby certify that the foregoing Resolution No. 22-03 was duly and reg adopted by the City Council of the CitY
2022, by the following vote:
of La Veme at a meeting thereof held on the 'l day of January, AYES:
NOES:
ABSENT:
ABSTAIN:
Lupe Gaeta Estrella,
3 Resolution No. 22-03
Assistant City Clerk
45 January 18, 2022, City Council Meeting
Page No. 38
CITY OF LA VERNE
I MPORTANT ELECfl ON I N FORMATION
To: Alt registered voters in the City of La Verne
NOTTCE tS HEREBY GIVEN, that pursuant to catifornia Elections code s 10403.5(e), the date of the General Municipal etection for the city of La verne city council Members has been changed from the first Tuesday after the first Monday in March of even years to the date of the statewide primary Etection. As such, the terms of the three officeholders up for re-election will be extended by three (3) months. The ciVs next etection will be conducted on June 7 ,2022' Additionally, on December 6, 2021, the city councit adopted a five councit Member Districts election from an at-large etection of -council Members and a Mayorrs seat. cities atl over cA are moving to District Election to comply with the california voting Rights Act and to avoid potential lawsuits. starting with the June 7, 2022 Election, council Members will be elected by the voters in the district in which they live every four years. For the lune 7, 2022 Election, voters in Districts 1, 3, and 4 will vote for one council Member in their respective district. Please visit the cit/s website at www.cityoflaverne.org/districtmap to view the district map and locate which district you are in' More information may be obtained by calling the La verne city clerk's office at (909) 595-8725' For transtation of this information, please: www.cityoflaverne.org/districtmap 46 January 18, 2022, City Council Meeting
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ORDINANCE NO. 1{06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA ESTABLISHING FIVE CITY COUNCIL
DISTRICTS FOR A BY-DISTRICT ELECTORAL SYSTEM AND CERTAIN RELATED WHEREAS, the City of La Veme currently elec'ts the Mayor and Members of the City Council using an at-large system of elections; and WHEREAS, pursuant to Government Code section 34886, the City Council has the authority to adopt an ordinance changing the system of elec'tions in the City from an at-large election system to a by-district elec'tion system; and WHEREAS, the change in the method for electing members of the City Council is made in furtherance of the purposes of the California Voting Rights Act; and WHEREAS, pursuant to the requirements of Election Code section 10010, the City Gouncil held public hearings on November '1, 2021 and November 15,2021 regarding proposed draft district maps and received proposed draft maps from membeftt of the public; and
WHEREAS, the City Council desires to implement by-district voting to be effective with the next General Municipal Election to be held on June 7,2022; and WHEREAS, on November 15,202'1, the City Council selected one of the proposed district maps to establish the City Council electoral districts in the City, which is attached hereto as Exhibit 'A'; and
WHEREAS, the City Council has taken all legal prerequisites to the enactment of this Ordinance; and
WHEREAS, the City Council now desires to adopt this Ordinance to establish by- district elections in five single-member dishicts in the City, and to adopt the map depicting the boundaries and identifying number of the five city council districts in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated herein by this reference.
Section 2. A new Chapter 2.10 - City Council Elections by District is hereby added to the La Verne Municipal Code to read as follows:
CHAPTER 2.IO - CITY COUNCIL ELECTIONS BY DISTRICT
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2.10,010 Declaration of Purpose
The City Council hereby declares the purpose of this Chapter is to further the purposes of the California Voting Rights Act (Elections Code 14025 et seq.), as amended.
La Veme Municipal Code Section 2.08.030 - Organization meeting shall be revised to read as follows:
2.10.020 By-District Elections for City Council
A. Pursuant to Government Code section 34886, members of the City Council shall be elected by-district in five single-member districts. Members of the City Council shall be elected by-district meaning one member of the City Council shall be elected from each district by the voters of that distric't alone. Each member of the City Council shall serve a four{ear term until his or her successor is qualified.
B. Pursuant to Government Code section 34882, the City Council member elected to represent a diskict must reside in that district and be a registered voter in that district, and any candidate for City Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, Pursuant to Elections Code section 10227.
2.10.030 City Council Districts Established
A. The boundaries and identifying number of each of the five City Council districts shall be as described on the City Gouncil District Map attached hereto as Exhibit "A", and incorporated herein by this reference.
B. The City Council districts described in subsection A, above, shall continue in effec{ until they ar6 amended or repealed in accordance with law. The boundaries of the City Council districts shall be reapportioned from time to time as required by the Elections Code or any other applicable law.
2.1 0.040 lmplementation of By-Distract Elections
A. The by-diskict system of elections shall be implemented beginning at the General Municipal Election to be held June7,2022' as follows:
't. Members of the City Council shall be elected in districts 1, 3 and 4 beginning at the General Municipal Election on June 7, 2022, and every four years thereafter; and
2. Members of the city council shall be elected in districits 2 and 5 beginning at the General Municipal Election in March 5,2024, and every four years thereafter.
B. No term of any member of the City Council that commenced prior to the effective date of this Cha'pter shall be affec'ted by the adoption of this Chapter' 2 Ordinance No. 1'106
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28 2.08.030 Organizatlonal meefl ng
The City Counci! shall meet at the regularly scheduled meeting folloving the meeting at which the declaration of election results was made and choose one of its memberc as Mayor and one of its memb€rs as Mayor Pro Tem. ln non-election years, the Clty Councilihalt choose a Mayor and Mayor Pro Tem at the first anniversary of the previous selections.
Secfion 4. Severabilig. The City Councildeclarcs that should any.provision, seAion[a'ragraptr, sentence orword of this Ordinance be rendered or declared invalid by any iihal court of competent jurisdiction or by reason of any Preemqtfue leglslation, gie re'nraining provisions, sections, paragraphs, sentences orwords of this Ordinance shall remain in fullforce and effect.
Secfion 5. Effective Date. The Mayor shall sign and the AssistantCtty Clerk sfralt cef iE[passage of this Ordinance and shallcgYs.e itto bepeted pursuantto the provisions of dw in that regard. Thls Ordinance shalltake effect immediately, purjuant to Govemment Code section 36937, as it is an Ordinance relating to an elec{ion.
AppRovED and.ADOpTEDthls {5n day of November, 2021.
ATTEST:
Lupe
AYES:
NOES:
ABSENT:
ABSTAIN: None.
d 0,S4, effi*-AlrC
bl
d ,.dr. bd.,^r_AlD
Mayor Tim
auot
Assistant City
The foresoins Ordlnance No. 1i06 was introduced at a regular meeting of saidCouncil illy i;li;n iS6O.iot November 15,.2911, and duly pas99d and adopted bv the said Citi Cort.il and thdreupon duly signed !Vrne $ay-o13f said City, afrested by the City Ctdrf of said City, and passed and adopted by the fotlowing vote:
Lau, Davis, and Garder.o^rt' Croebqjec$and MaYor HePbum. '-r None
Lupe , Assistant Glerk
3 a copy waE
board at La Veme CltY S"tBd,3860 D La V6me, and on lhe GMs website at dtyofiaveme.org. on
29 Ordinance No. 1106
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49 January 18, 2022, City Council Meeting
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Ceosus BlocL
Railrced
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Proposed Election Seqgence:
N22: Districts 1,3 and 4
N24: Districts 2 md 5
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January 18, 2022, City Council Meeting
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29 ORDINANCE NO.1iO7
AN ORDINANCE OF THE CITY COUNCIL OF THE C]TY OF LA VERNE, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA ESTABLISHING FIVE CITY COUNCIL DISTRTCTS FOR A BY-DISTRICT ELECTORAL SYSTEIII At{D CERTAIN RELATED made in furtherance of the purposes of the Califomia Voting Rights Ac't; and Code sec{ion 10010, theirilIt{il-{N pursuant to the requirements of Election City Council held public hearings on November 1, 2021 and November 15,2021 proposed draft dietlict mapg and received proposed drafl maps from members of the
WHEREAS, the City of La Vome curently elects lhe Mayor and Members of the City Council using an at-large system of elediorc; and
WHEREAS, purcuant to Govemment Codo sec{ion 3.48E6, the Clty Council has the authority to adopt an ordinance cfienging tho syst€m of elec'tions in the City from an at{arye €lec{ion syst€m to a bydistrlct elec'tlon system; and WHEREAS, the change in the method br electing memberc of the City Council is and
UTHEREAS, the Ci$ Council desir€s to impl€ment by{istric't votlng to be effective with flre next General Municlpal Election to be held on June 7, 2022i and WHEREAS, on Novomb€r 15,2021,the City Council selected one of the proposed district mape to estauish th8 Cit/ Council elecioral diEtric'ts in the Ci$, which is attached hereto as Exhibit 'ff; and
WHEREAS, the City Council haa taken all legal preroquisibs to the enactment of this Ordinance; and
WHEREAS, the Ci$ Council nour desineo to adopt this Ordinancs to establish by- distric,t elections in five single-member di6trictr ln the Clg, and to adopt the map depicting the boundarlss and identtfying
City.
of the flve City Council distdctB ln the
THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE DOES Section t. The above recitals are true and conect and incorporated herein by this
A new Chapter 2.10 - City council Elec{ions by District is hereby added to the La Veme Municipal Codo to read as follo\ ,ts:
CHAPTER 2.{O.CITY COUNC]L ELECTIONS BY
o
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B. Pursuant to Govemment Code soction 34882, the City Council member etected to represent a dlstrict must r€side in that dist.ic-t and be a rcgistel€d voter in that district, and any candidate for City Council must reside in, and be a registered voter ln, the district in which he or she se€ks election at the time nomination papgrs are i88ued, Pursuant to Elections Code sec{ion 10227.
B. The City Council districts descrlbed in eubsedion A, above, shall continue in effect until they are amended or ropealed in eccordance with law. The boundaries of the City Council districb ehall be r€apportioned fom tlme to timo as required by the Elections Code or any other applicable lau
2.10.030 Clty Councll Distrlcts Elt bllshed
A. The boundaries and identifying number of each of the five City Council districts shall be as described on the City Council District Map attached hereto as Exhibit 'A', and incorporated herein by this reference.
2.10.010 Declaratlon of Purpose
The City Council hereby declares the purpose of this Chepter is to further the purposes of the Califomla Voting Rights Ac't (Elec,tions Code 14025 et seq.), as amended.
2.10.020 By-Dlatrict Elcctlons for Glty Councll
A, Pursuant to Government Code eec'tion 34886, mEmbers of the CtU Council shall be elecled bydbfict in five single-member distric{s. Members of the Ci$ Council shall be elec{ed by{istict meanirE on€ member of the City Council shall be clecied from each district by the voters of that distlic{ alone. Each member of the City Council shall serve a four-year term until hi8 or her successor is qualified.
2.10,040 lmplemontatlon of By0lltdct Election3
A. The by{ietdcl oystem of electlons shall b€ implemsnted beginning at the General Municipal Election to be held June 7, 2022, as follows:
1 . Memb€rs of the Ci$ Council shall be elected in distrlcts 1, 3 and 4 beginning at the General Municlpal Eleotion on June 7,2022, and every four years thereafter; and
2. Memberc of the City Councll shall be elected in dletricts 2 and 5 beginning at the General Municipal Eledion in March 5, 2024, and overy four year thereafter.
B. No term of any member of tho City Council that commenoed prior to the effective date of this Chapter shall be afieded by thE adoption of this Chapter. 2 Ordinence No. 1107
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Soctlon L La Veme Municipal Code Section 2.08.030 - Organization meeting shall be revised to read as follows:
2.08.030 Organlzafl ona! meeting
The Clty council shall meet at the regularly soheduled meeting follotuing the meeting at which the declaration of eleo{ion results was made and chooee one of its members as Mayor and one of its memberc.as Mayor Pro Tem. ln non€leclion years, the City Council shall choose a Mayor and Mayor Pro Tem at the fir8t anniversary ofthe previous seleclions.
Section 4. Severability. The City Council declares that should any provieion, section, paragraph, sentence or word of this Ordinanca be rendored or declared invalid by any final court of competent jurisdidlon or by reason of any preemptiv€ legislation, the remaining provisions, sections, paragraphs, sentences or wods ot this Otdinance shall remain in full force and effect.
Sectlon 5, Effectlve Date. The Mayor shall sign and the Assbtant City Clerk shall certify to the paesage of this Ordinance and shall cause it to be posted pursuant to the provisions of law in that regard. Thb Odinance shall take effeot thirty (30) days after its adoption.
APPROVED and ADOPTED tftE 6t day of December,2o2l.
tuT
Mavor Ti
,oL) roo AJ It
m
I
ATTEST:
drr" .q5o*t, W,r*il-r*:
Lupe Gaeta Estrella, Assistant Ci$ Clerk
CERTIFICATIOT{
l, Lupe Estrella, Assistant City Clerk of the City of La Veme, do hereby certfy ttql Ordlnance No. 1107 was introduced for ffrst reading at a regular meeting on the 15- day of November, 2021. Thereafier, said Ordinance was duly approvod and adopted at a rlgular meeting on the 6t day of Docembe4 2021, of said City Council on the day of by the following vote:
AYES: Lau, Crosby, Davis and Carder.
NOES: MayorHepbum.
ABSENT: NONE.
ABSTAIN: None.
Lupe Gaeta Eslrella, Assistant City C
tl"a^ sd--,ej4J
3 Ordinance No. 1107
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53 January 18, 2022, City Council Meeting
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N24: Districts 2 md 5
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January 18, 2022, City Council Meeting
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required,
ORDINANCE NO. IIOS
AN ORDINANCE OF THE CITY COUNCIL OF THE C]rY OF LA VERNE' COUNW ANGELES, STATE OF CALIFORNTA CHANGING THE DATE OF THE ClrYS GENERAL MUNICIPAL ELECTION FROTI THE FTRSTTUESDAY AFTER THE FIRST ilONDAY TUIARCH IN EVEN.NUTTBERED YEARS TO THE DATE
ELECTIONYEARS
OFTHE STATEWDE PRITTIARY ]N
WHEREAS, the City of LaVeme was required under the Voter Participation Rights Act to change the dats of the Citfs general municipal; elec'tion to coinclde with statewide elec{ion dates and did so by adopting Ordinanco No. 1080; and
WHEREAS, in September 2020, afterthe CiU Council adopted Ordinance 1080 as the California Legislature passed Senate Bill 970 which changed the date of the statewide primary to the first Tuesday after the first Monday in June of even-numbered Yearc without a presidential primary, but kept th€ datg of the statewide primary as the first Tuesday after the first Monday in March of even-numbeted Years with a presidential primary; and WHEREAS, the La Veme CitY Councilwlll remain in compliance with Senate Bill 4't5 by changing th6 date of the general municiPal election to the date o, the statorvide primary election of each even-numb€red year, although this will r€sult in a different elec{ion date depending on the year; and
i[IIEf,Ere the terms of the Council offico set to exPire in March or April of 2022 Prior to the adoption of this Odinance, have begn extended to expire following the celtiftoation of results from lhe 2022 statewide primary elec,tion and the' admlnistration of the oath of ofiice to the newly elected offioeholder by Elections Code 1305 (a).
NOW, THEREFORE, THE CITYCOUNCILOFTHE CITYOF LAVERNE DOES HEREBY ORDAIN AS FOLLOWS:
Change of Elec'tion DaY. The CitY Council
year as
hereby establishes the d*e of
the statewide Primary elec{ion in each the date of the general municipal elec{ion in the City of La Veme commencing in June, 2022.
Sectlon 2. Ordinance No. 1080 is hereby repealed'
Request to the County. Tho Assistant CitY Clerk shall foMard a coPY of this Ordinance to the County Elections Division and Cle* of the Board of SuPervisors with the request that the Board of Supervisors approve this Ordinance and provido the CitY with notice of such aPProval.
Operative Date. This Ordinance shall not become effec{ive until approved by the County Board of Supervisors pursuant to Elections Code 1301(bXl). 55 January 18, 2022, City Council Meeting
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Severability The City Council declares that should any provision, section, paragraph, sentence or word of thb Ordinance be rendeBd or declated invalid by any final court of competent jurisdiclion or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of thb Odinance shall remain in full force and effec,t.
Signatu]e and Processing . The Mayorshall sign and the Assistant City Clerk shall certiff to the passage of this Ordinance and shall cause it to be poeted pursuant to the provbions of laur in that regard.
APPROVED andADOPTEDthls20s day of 2021.
Mayor m
ATTEST:
Lupe Assbtanl Cletk
CERTIFICATION
l, Lupe
No. 1108 December,
on the
2oo day
AYES: Lau, Crosby, Davis, Carder, and Mayor Hepburn'
NOES: None.
ABSENT: None.
ABSTAIN: None.
.d sri^
Gaeta Estrella, Assistant Oity Clerk
2 Ordinance No. 't 108
56 January 18, 2022, City Council Meeting
Page No. 49
Agenda Report
CITY OF LAVERNE
CityAttomey's Ofrlce
Approved on 121061202l at
the regular meeting on the
La Verne City Council.
Orc,linan.e,\b. Iog
on ftrst le-ncLi*
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yLace d
DATE:
TOI
FROII:
SUBJECT:
December 6, 2021
Honorable Mayor and CitY Council
Robert Kress, Cfry Attorney
Change of General Municipal Election Date to Coincide with Statewide Primary Election in Even-Numbered Years
AGENDA SUMMARY:
Due to the state changing the statewide primary to March in presidential primary..years' but rriaining tn" Jrne Oatitoi non-presidentiil primary years, the City must conf^orm its.General rt,|rni.ipir Election date to th; state dates. This is required by the-. california Voter FirtiJiii"tlon Rights Act. The next La Verne General Municipal Election will be held on June 7,2022.
RECOitii'IENDATION:
The City Attorney recommends that the City Courcil waive further reading. of Ordinance iiOg, "['irh
till-iesignate La Verne Generai Municipal Election dates to coinoide w'tth the stati*iO" primary ele&ion and place the Ordinance on first reading' BACKGROUND: \
ln December, 2017, La Verne changed its "stdnd -alone" General Municipal Election to ;;rplr;ith 'th; Galifornia Voter eirticipation. Rights. Act' The city Council. adopted Orii[l"* i OtiO-*niCn r"t ttrE iieAion to ioincide with the statewide priT.ary election which was set for March or even-numbered years. The Legislature has decided to change the statewide primary to June in non-presidential primary years' ordinanceNo.llOs,presentedtonight,willsetthecitysfutureGeneralMunicipalElections onl6" rir" date ai'the statewiOJ-prt'mary eleclion (March in presidential-primary election years and June in non-presidential election years) '
state law extended cunent terms of office that would have expired in March or April of 2022 iri,ipiri tiii"*i"g tne certification of otection results from the 2022 statewide primary i,L"ti"-" "nJin"
idministration of the oath of office to the newly elected officeholder' 57 January 18, 2022, City Council Meeting
Page No. 50
Agenda Report
CIry OF LA VERNE
P u bl ic Wo rks DePa rbnent
DATE:
FROM:
SUBJECT:
TO
The City currently bills approximately 8,700 accounts bi-monthly. Approximately 800 of those accounts are radio reads, or Automated Meter Reading (AMR). The current meter read devices (Handhetds) and AMR accessories were purchased in 2008 from National l\,!eter. National Meter notified city staff that our Handhelds and AMR accessories are no longer supported. Additionally, National Meter discontinued technical support of the software used for transferring the meter reads to the billing system.
AGENDA UMMARY
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Resolution No. 22-04 approving a purchase from Core and Main, lnc. for the budgeted purchase of Meter Read Devices and replacement of the current Automaied Meter Reading (AMR) System, not-to-exceed the amount of$190,000 for the AMR Meter Device Update Project
2. Authorize the City Manager or his Designee to enter into a contract with Core and Main, lnc. foi the puichase of Meter Read Devices and replacement of the current Automated Meter Metering Reading (AMR) System, for the AMR Meter Device Update Project.
BACKGROUND:
ln 20O8 the City purchased, three (3) Handhelds, Connecl software, batteries, antennas and cables needed to conduct AMR and manual meter reading, from National Meter' The City bills approximately 8,700 accounts and approximately 800 of those accounts are AMit, whicir are read by using radio transmitters that remotely read the customer's meter and then transfers the data to the Handheld which is later uploaded into the billing system. Al\,lR meters were installed in areas with the health and safety of {leld staff in January 18,2022
Mayor and City Council
Shawn lgoe, Director of Public Works
Approve Purchase from Core and Main, lnc. for the AMR Meter Device Update Project
58 January 18, 2022, City Council Meeting
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AMR Meter Device Update Project January 18,2022
Page2
mind, which includes vaults with heavy metal lids, streets with heavy traffic, and areas with limited access.
National Meter notified City staff that our Handhelds and AMR accessories were no longer supported. Currently City staff has been able to find spare parts to fix malfunctioning Handhelds, however, parts have become very difficult to find. When an AMR endpoini malfunctions, the meter is removed from the AMR read route and transferred to a manual read route because the AMR hardware is unavailable. This requires staff to physically read these meters which is ineffective and inefficient.
To further complicate circumstances, National Meter discontinued technical support of the connect software used for transferring the meter reads to the billing system, rendering the city helpless should technical issues arise. lt was at this time staff determinid replatement of the meter read system to be critical in order to avoid disruption of the City's billing services.
DISCUSSION
Meter reading is the foundation of utility billing and revenue generation. The current manual and AMR meter reading system is not supported and well past its useful life. stitr contacteo multiple serviciproviders to request quotes to replace our manual and AMR meter read sYstem.
staff met with multiple meter read service providers and received three (3) quotes as follows:
1. Core & Main, lnc. $189,666.93
2. Metron Farnier $280,000.00
3. SPMR $314,540.00
The lowest bid received was from Core and Main, lnc. which represents Master Meter nii"gio.
-St"ff
r"viewed the benefits of each service provider and determined that l\Iaster fr4"tEr AfEg. presented the best overall value of performance and price. More specifically:
. Master Meter's under-the-glass register that attaches to the meter significantly ,"dra"t the need to purchise new meter box covers because the antenna needed to transmit meter date is built into the meter's register- External antennas areutilizedbymostothervendors,whichwou|drequiretheCitytoreplacemost meter box covers at an additional cost'
o The internal antenna provided on the Master Meter reduces the potential risk of trip and fall incidences because there are no protrusions' o Master Meter provides the ability to read meters manually and by AMR' 59 January 18, 2022, City Council Meeting
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AMR Meter Device Update Project
January 18,2022
Master Meter provides a 1O-year warranty on parts and meter reading accuracy, and an additional 1o-year prorated warranty on parts
ENVIRON MENTAL:
Respectfully submifted by: Tracy L. Costello, Public Works Manager The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under SeCtion 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(cX3) of the State CEQA Guidelines the activity is not subject to CEQA FISCAL:
The City's Water Fund currently has a budget of $85,000 in cost center-5024314-443- 75OO with an additional $105,0b0 coming from American Rescue Plan Act (ARPA) Fund 2g}4g14-443-7500 that will be utilized for implementation of the AMR Meter Device Upgrade Project.
The City can save approximately $1OO,OOO of the cost of the hardware, software, and related Lquipment by purchasing the meters now due to a promotional opportunity offered by the manufacturer.
Attachment: ResolutionNo.22-04
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RESOLUTION NO. 22-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE THE PURCHASE AGREEMENT BETWEEN THE CITY
OF LA VERNE AND CORE AND MAIN, INC, FOR THE PURCHASE OF METER READ DEVICES AND AUTOMATED METER READ REPLACEMENT SYSTEM.
WHEREAS, City of La Verne (City) is actively planning a Meter Read Device and Automated Meter Read (AMR) System upgrade;
WHEREAS, The City's current Meter Read Devices and AMR System are no longer supported by our Vendor, National Meter;
WHEREAS The City's Water Fund currently has a budget of $85,000 in cost center 502-431 4443-7500 and $110,000 in ARPA Fund 290-4314-443-7500 for implementation of the AMR Meter Device Upgrade Project; Now, THEREFoRE, BE lT RESoLVED by the City Counci| of the City of La Verne aS follows:
section ,1. That the city Manager or his Designee is HEREBY AUTHORIZED to sign a purchase agreement with core and Main, lnc. for the purchase of Meter Read Devices and AVR Reptaiement System, up to $190,000 for the Meter Device Upgrade Project' section 2. That funding in the amount of $190,000 for said purchase will be paid from the City's Water Fund and ARPA Fund.
Section 3. That the city council HEREBY FINDS and DETERMINES that adoption of this resolution is categorically exempt from environmental review under section 15302 of the California Environmeital Quility Rct and City of La Verne environmental guidelines.
Section 4. That the Mayor shall sign and the Assistant City Clerk shall certify. to the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 18th day of January, 2022' Mayor Tim Hepburn
Lupe Gaeta Estrella, Assistant City Clerk
ATTEST:
61 January 18, 2022, City Council Meeting
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CERTIFICATION
I hereby certify that the foregoing Resolution No. 22-04 was duly and_regularly-arlopted by the City Council oi the City of L; Veine at a meeting thereof held on the 18'n day ol January' 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lupe Gaeta Estrella, Assistant City Clerk
2 Resolution No. 22-04
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Agenda Report
CIry OF LA VERNE
Pu b I ic Wo rks Da partment
DATE:
TO:
FROM:
SUBJECT:
January 18,2022
Mayor and City Council
Shawn lgoe, Director of Public Works
Add Chapter 13.30 - Mandatory Organic Waste Disposal Regulations, to Title 13 of the La Verne Municipal Code
AGENDA UMMARY
Senate Bill 1383 (SB 1383), the Short-lived Climate Pollutant Reduction Act of 2016' Lluires jurisdictidns to adopt and enforce an ordinance or another enforceable mJcniniim requiring organic waste to be diverted from landfills ln accordance with SB 'teei, att lurisaictioni mist have a mandatory organic waste disposal reduction ordinance in place.
ln November of 2020, the Repeal and Replace of Chapter 13 28 Collection' Removal anJ-Oisposaf ot neiuse went into effect. ln Section 13 28 010(E) Declaration of Policy' ilrnJ"tiw lorpri"nce with SB 1383 was established The City Attorney reviewed the ,rn,"ip"f'coU" i"qrirements of SB 1383 and determined staff implement relevant pr"ri.ii"" "t
Sg 1583 Regulations to the City Municipal Code for further clarification and enforcement PurPoses.
Each vear the Citv is required to demonstrate compliance efforts in the Electronic nnnrjrR"port ieAn) submitted to CalRecycle, the state's regulatory agency that oversees ialifornia's state-managed waste handling and recycling programs' RECOMMENDATION:
StaffrecommendsthattheCityCouncilwaivethefullreadingandintroduce'asreadby iti. ontv. OrOinance No. 1109, an Ordinance of the City of La Verne' California' to add biiii"i ri io - r,,r"ndatory organic Waste Disposal Regulations' of the La verne Municipal Code.
BACKGROUND:
SB 1383, the Short-lived Ctimate Pollutant Reduction Act of 2016' requires jurisdictions [loopirnJ "ntor*
an ordinance or another enforceable mechanism requiring organic 64 January 18, 2022, City Council Meeting
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Add chapter 13.30 - Mandatory organic waste Disposal Regulations, January 18,2022
waste to be diverted from landfills. SB 1383 directs public agencies to reduce organic waste disposal and increase edible food recovery with statewide goals of divertingTSo/o of organic waste from Landfill (compared to a 2014 baseline year) and recovering 20% of ed'ible food disposed for human consumption. SB 1383 is the most significant waste reduction mandate to be adopted in California in the last 30 years' The bill was enacted to reduce greenhouse gas emissions by diverting organic waste from landfills, as the decomposition of such materials emit methane, a climate pollutant more potent ihan carbon di6xide. Landfills are the third largest producer of methane and responsible for 21% of the state's anthropogenic (caused by humans) methane emissions. Fossil fuel production and agriculture are the two largest sources of methane.
ln accordance with sB 1383, all jurisdictions must have a mandatory organic waste Jisposat reduction ordinance in place. Additionally, the bill mandates that all businesses ani residents, as well as multi-family housing, subscribe to recycling programs that cipture food scraps and landscaping debris, among other organic waste items. sB 1383 builds on Assembly Bill 1826 (AB 1826), which went into effect on April 1 , ZOtO. nA 1826 currently reiuires any business generating two (2).or more cubic yards of commercial solid wasie per week, ind multi-family complexes with five or more units, to i".Vif" their organic waite. Under AB 1826, multi-family complexes are only.required i" r".v.r" tandscipe debris. Thus, in coordination with the City's waste^hauler, the City .onilnr". the expansion of the existing organics program. The AB 1826 program leads into the implementation of SB 't383.
CalRecyclerepresentativeshavestatedthatpassinganorganicwaste_recycling ordinante would demonstrate the City's intent to comply with the law. The.ordinance mrst oe sromitted to calRecycle by April 1, 2022. CalRecycle -w-ill
expect jurisdictions to
i""ri ". t"rptiance monitoring ani education in 2022 and 2023 and to start taking enioicem"nt action against non-compliant entities by January 1' 2024 '
DISCUSSI N
To meet the sB 1383 deadline, staff has been working with the city's solid waste ."*i"" proriA"r, Waste Management, and the San Gabriel Valley Council of Governments (SGVCOG) to make planning and programmatic changes' There are seven main components of SB 1383 that the City must comply with They are:
Ord inan ce Ado on Adopt an ordinance requiring SB 1383 compliance' 65 January 18, 2022, City Council Meeting
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- Mandatory organic waste Disposal Regulations, January 18,2022
Ed tion and Outreach Conduct annual community outreach and education to sses, and edible food generators.residents, schools, busine Orqanics and Recvclinq Collection. Provide organics and recycling collection and diversion services to residents and businesses.
Contamination lvlonitorino. Conduct waste evaluations or route reviews of trash, recycling, and organic waste streams for prohibited container contaminants Procu ment Requ irements. The City must annually procure a certain quantity of a
a
a
Californ ia recovered organic waste products includi ng, but not limited to compost, mulch, and/or renewable natural gas. Additionally, the City is required to onlY purchase paper products that are post-consumer recycled-content and to track such purchases consistent with Sections 221 50-221 54 of the Public Conhact Code
a Edible Food Re ldentify Tier 1 and Tier 2 commercial businesses generating edible food that are required to implement edible food recovery programs. This shall also include coordination with the County to facilitate capacity planning for food recovery if insufficient capacity exists. o Annual Reportinq. Maintain accurate and timely records of sB 't383 compliance fo,.
"n"Gl
,"po,ting to CalRecycle, including the implementation of the Green Building Code andlhe City's Water Efficient Landscape Program' The draft ordinance is adapted from the Model Mandatory organic waste -Disposal Reduction Ordinance provided by CalRecycle to align more specifically with.the City's ir"n.nir" "gr""ment
and selected programs. The main provisions of the ordinance are as follows:
1 . Waste haulers are required to provide organic waste diversion services to all residential and commercial customers'
2.AllCityresidents_includingsinglefamilygenerators_andbusinessesare- requlr6o to participate in th; haulers, organic waste diversion program by properly source sep"iating their discardld materials and placing organic waste in the apProPriate recePtacle.
3. Qualifying commercial edible food generators are required to implement a food t"corery-progtam for diverting edible food, and food recovery programs are required io reep records as specified by CalRecycle'
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Add Chapter 13.30 - Mandatory Organic Waste Disposal Regulations, January 18,2022
4. Qualifying private landscape projects that meet a minimum size threshold are required to comply with CalRecycle's Model Water Efficient Landscape Ordinance (MWELO).
5. As part of a recovered organic waste product procurement policy' City departments are required to purchase recycled content paper products (if fltness and quality are equal).
6. The City is authorized to conduct inspections to confirm compliance with this ordinante by organic waste generators, and regulated entities are required to allow access to ine City for inspections (with the exception of residential property interiors).
7. The city is authorized to issue notices of violation and begin the imposition of penalties beginning January 1,2024. This cannot be delegated to private entities. ln addition to adopting an organic waste recycling and food recovery ordinance, sB 1383 requires tnai tni City hlve ordinances or other enforceable mechanisms in place for the following two Programs:
. compliance with the california Green Building standards code,24 ccR, Part 1 1 as amended July 1 , 2019 and effective January 1 , 2020 ("CALGreen S-B- 1383 Baseline Requirements,,). This includes construction and demolition (.c&D) recyclingrequirementsfororganicWastecomming|edwithC&.Dandfor. prorl"loi of adequate space fbr recycling for_Multi-Family and Commercial premisespursuanttoSections4.4OS.l,4.4lO'2,5'4081,and5'4101ofthe California Green Building Code.
. compliance with a Model water Efficient Landscaping ordinance.(MlvELO). This requires compliance with Sections 492'6(a)(3XB) (C), (D)' ald (9) of the Model water Efficient Landscaping ordinance (MWELO) as amended september 15, 2015 ('MWELO SB 1383 Biseline Requirements")' MWELO requires new construction and landscaping projects to meet water efficient landscape standards for compost anO mtitcn application. lncorporating organic matter like compostandmulchinlandscapingincreaseswaterretentionandpromotes productive plant growth. compbsiand mulch also provide many direct.and indirect benefits when used in landscaping and as a component of systems and treatments designed for carbon sequestration, erosion control, fire remediation, stormwater management, and other uses'
The MWELO and calGreen provisions specific to solid waste and recycling programs are reiterated in the proposed ordinance for clarity and ease of administration and interpretation.
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Add Chapter 13.30 - Mandatory Organic Waste Disposal Regulations, January 18'2022
Additionally, there are other SB 1383 requirements on jurisdictions not intended to be addressed in the Ordinance, such as certain recordkeeping, contamination monitoring, and outreach and reporting requirements. These other requirements may need to be addressed separately in other policies, program implementation, municipal code, franchise agreements or other planning documents.
lf approved by the city council, ordinance No. 1 109 will be scheduled for a second reading and final adoption at the February 7,2022 City Council Meeting and will becom! effective thirty days after final adoption and go into effect on March 9,2022.
FISCAL:
There is no direct cost associated with approving Ordinance No. 1 109. There will be an indirect cost for the administration of the City's compliance efforts. The City Council previously approved user rates that cover the costs of compliance.
Respectfully submitted by: Tracy L. Costello, Public Works Manager Attachment: Ordinance No. 1109
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Page No. 61
ORDINANCE NO. 1109
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA VERNE, STATE OF CALIFORNIA, COUNry OF LOS ANGELES, TO ADD CHAPTER 13.30. MANDATORY ORGANIC WASTE DISPOSAL REGULATIONS, TO TITLE 13 OF THE LA VERNE
MUNICIPAL CODE
WHEREAS, in 1989, the California lntegrated Waste Management Act (AB 939) passed, requiring all California cities and counties to divert 50 percent of solid waste generated by the year 2000; and,
WHEREAS, in 201'1 the State's Mandatory Commercial Recycling Law (AB 341) passed, requiring jll business and multifamily dwelling of five units or more to arrange for recycling services; and,
WHEREAS, in 2016 the State,s Mandatory Commercial organics Recycling Law (AB 1826) passed, which imposed organic waste recycling requirements; and, WHEREAS,in20l6theState'sshort-LivedClimatePollutantsLaw(S81383) established methane emissions reduction targets in a statewide effort to reduce emissions of rn"rt-fi""a pollutants and also granted CalRecycle the regulatory authority required to achieve the reduction targets; and,
WHEREAS,theSBl3S3Regulationsrequirethecitytoadoptandenforcj;an^^ ordinance or other enforceable meclianism to implement relevant provisions of SB 1383 Regulations; and,
WHEREAS,eachyearthecityofLaVerneisrequiredtodemonstratecompliancewith state law and must reportihe progresi achieved through submittal of the Electronic Annual Report to CalRecYcle.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
$gg!!q[ The City Council HEREBY ADDS in its entirety Chapter 13'3O to the...
La VerifrGliiial Codsentitled "Mandatory Organic Waste Disposal Regulations" with the following:
Chapter 13.30 MANDATORY ORGANIC WASTE DISPOSAL REGULATIONS l3.3O.O1O Declaration of PolicY
The city and its residents and its businesses must comply with sB 1383, the short-lived climate pottutantReductionActof2106,whichrequiresJurisdictionstoadoptandenforceanordinance orenforceablemechanismtoimplementrelevantprovisionsofSBl3S3Regulations.This ordinance will also help reduce fbod insecurity by requiring Commercial Edible Food Generators to ,,,"ng" to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption'
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'l 3.30.020 Effective date and preemption
This Chapter '13.30 and all of the regulations contained herein, shall become effective on March 9,2022 and shall remain effective until otherwise repealed by the City Council. Any current terms or regulations which are in conflict with provisions of Chapter 13.30 shall preempted by this Chapter as of the effective date.
13,30.030 Definitions
,AB 34.1" means the Assembly Bill approved by the Governor of the state of california on October S, 20i1, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added sections 40004,41734.5, and 4'1780.01 and chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section ilao.Oz of,-the public Resources Code, relating to Solid Waste, as amended, supplemented, superseded and replaced from time to time and which places requirements on. commercial ar.in".rur and Multi-Family property owners that generate a specified threshold amount of Solid Waste to anange for
-recycling-
services and requires cities to implement a mandatory
Commercial recycling Program.
.AB 939, means the California lntegrated Waste Management Act of 1989 (California Public Reiources Code Section 4OOOO, ;t seq.), as amended, supplemented, superseded, and r"pta""o from time to time which requires cities and. counties to reduce, reuse, and recycle ii|;i;l.g a;rp;sting) Solid Waste generated in their cities to the maximum extent feasible iilf"i" ""V
incineratioi'or landfill dispoial of waste, to conserve water, energy, and other natural resources, and to protect the environment.
,AB 1826', means the Assembly Bill approved by the Governor of the state of california on Sipt"rftr ZA, i014, which aOOleO Cnditer 12_.9 icommencing with Section 426498) to Part 3 oi'diriiion 3O of ine Public Resources Code, relating to Solid. Waste, as^ amended, arppf"r"nt"J, superseded, and replaced from time to time and requires Commercial gr'.in.i."r and Multi-Family Property owners that generate a specified threshold amount of SofiA Wa.t", Recyclable fr4iteriaL, and Organic Materials per week to arrange for recycling ."*il"r for ihat wiste, requires cities to implement a recycling program lo divert Organic Waste iro, Comm"r"ial Businesses subject to the law, and requires cities to implement a mandatory Commercial Organic Materials recycling program'
,,Blue containei' has the same meaning as in 14 CCR Section 18982.2(aX5) and shall be used for the purpose of storage and Collection of Recyclable Materials' ,,calRecycle" means california's Department of Resources Recycling and Recovery, which is tnJ o"plrtr".t designated witn resbonsiolity for developing, implementing, and enforcing sB 1383 Regulations.
,,california code of Regulations" or "ccR" means the state of california code of Regulations' CCR references in this Chaate; aie preceded with a number that refers to the relevant Title of the CCR (e.g.,"14 CCR" refers to Title 14 of CCR)'
..collect,,or..Collection,,(oranyVariationthereof)meanstheactoftakingpossessionof n""V"f aOf
"
Materials, Orginic triaterials, Solid Waste, bulky items, and other material at the place of generation in CitY.
2 Ordinance No. 1 109
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"Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling, or as otheMise defined in 14 CCR Section 18982(a)(6).
A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.
"Commercial Edible Food Generator'' includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein below of this Section 1 3.30.030 or as otherwise defined in 14 ccR section 18982(a)(73) and (ax74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
"Compliance Revie6" means a review of records by the City to determine compliance with this Chapter.
,,community composting" means any activity that composts green. .material, agricultural material, food material, ind vegetativ6 food material, alone or in combination' and the total amount of feedstock and Compost on-site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(aXa); or, as otherwise defined by 14 CCR Section 18982(aXB)' ,,compost' has the same meaning as in 14 CCR Section 17896.2(a)(a), which stated, as of the effective date of this Chapter, th;t "Compost' means the product resulting from the controlled rioiolicrr decomposition of organic waste that is Source Separated from the municipal Solid WasG stream, orthat is separated at a centralized facility' .Composting" includes a controlled biological decomposition of Organic Materials yielding a safe and nuisance free Compost product.
,,contamination" or 'contaminated container'' means a container, regardless of-color, that .ontrr. Prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
,,contractofl means a person who is a party to an existing written- agreement with the city pi*iJing ior tn" exclusive or non-exclusive right to collect Discarded Materials from Generators within the CitY.
"C&D" means construction and demolition debris'
,,Designee,, means an entity that a city contracts with.or otherwise arranges to carry out any of t[" City'i responsibilities oi tnis Cnapt'er as authorized in 14 CCR Section 18981 2' A Designee ;;yl|j ; gorlirrn"nt entity, a contractor, a private entity, or a combination of those entities. ,,Discarded Materials" means Recyclable Materials, organic Materials, and solid waste placed bv a Generator in a Blue, 6r""n, or Gray Container ind/or at a location for the purposes of C'oltection by the City's Collection program, excluding Excluded Waste' ,,Edible Food,, means food intended for human consumption, or as otheMise deJined in 14 CCR s".tionragaz("Xre).ro..tn"p,'po."softhiscl"-l?pteroraSotheMisedefinedinl4ccR Seiiion r esgZiaiir A1, 'eOiOf" Food" is not Solid Waste if it is recovered and not discarded' loining in this eha',ter or in 1a CCR, Division 7, Chapter 12 requires or authorizes the J
Ordinance No. 1 109
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Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
"Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
,,Excluded waste" means Hazardous Substance, Hazardous waste, infectious waste (as defined in 14 CCR Section 17225.36), designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operato(s), which receiv6 materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local,. State, or Federal law, regulation, or ordinance, including without limitation: land use restrictions or conditions, wast; that cannot be disposed of in Class lll landfills or accepted at the facility by permit conditions, waste that, in city's or its Designee's reasonable opinion, would present a significant risk to human health or the environment, cause a nuisance or otheMise create or eipose City, or its Designee, lo potential liability; but not including de minimis -volumes or concentrations of waste ot a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementaiion of programs for the safe Collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California public Resources Code. Excluded Waste does not include used motor oil and filters, househotd batteries, universal wastes, and/or latex paint when Such materials are defined as allowable materials for Collection through the City's Collection programs and the Generator or customer has properly placed the materials for Collection pursuant to instructions provlded by the City or its Designee for Collection services.
,,Food Distributo/' means a company that distributes food to entities including, but not limited to' supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22\. ,,Food Facility" has the same meaning as in section 113789 of the Health and safety code. "Food Recovery" means actions to Collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). ,,Food Recovery organization" means an entity that engages in the collection or receipt of Edible Food from C6mmercial Edible Food Generators and distributes that Edible Food to the prur" t"i Food Recovery either directly or through.other entities or as otherwise defined in 14 bCR Section 18982(aX25), including, but not limited to:
l.AfoodbankasdefinedinSectionll3TS3oftheHealthandSafetyCode;
2. A nonprofit charitable temporary food facility as defined in section 1 13842 of the Health and SafetY Code; and
3. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this- chipter and implementation of 14 CCR, Division 7, chapter 12 pursuant to 14 CCR Section 18982(a)(7)'
lf the definition in 14 CCR Section 1 8982(aX25) for Food Recovery organization differs from this definition, the definition in "14 ccR section 18982(aX25) shall apply to this Chapter.
4 Ordinance No. 1 109
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"Food Recovery Service" means a person or entity that Collects and transports Edible Food from a Commeicial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 ccR section 't8982(aX26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 ccR, Division 7, chapter 12 pursuant to 14 CCR Section 18982(a)(7). "Food Scraps" means all food such as, but not limited to, fruits' vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
,,Food service Provider" means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangement; with these types of organizations, or as otheryise defined in 14 CCR Section 18982(a)(27).
"Food-Soiled Papef is paper material that has come in contact with food or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Food- Soiled Paper does not include Non-Compostable Paper.
"Food Waste" means Food Scraps and Food-Soiled Paper.
"Generator" means any person or entity whose act or process produces Discarded Materials as defined in the public R'esources Code, or whose act first causes Discarded Materials to become subject to regulation.
.Gray Container" has the san'le meaning as in 14 CCR Section 18982(aX28) and shall be used for tne purpose of storage and Collection of Solid Waste. Per the definition provided in 14 CCR Section t A'SAZ(a)(28), th; Gray Container may actually be black, or black with a gray lld. ,,Green Containei' has the same meaning as in 14 CCR Section 18982.2(aX29) and shall be used for the purpose of storage and Collection of Organic Materials' ,,Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meati, fish, and poultry; and any area that. is not separately owned within the itore where the food is prepared and served, including without limitation a O"r,"w, J"ri, and meat and seafood departments, or as otherwise defined in '14 CCR Section 18982(a)(30).
,,Hauler Route,, means the designated itinerary or sequence of stops for each segment of the City;s Collection service area, or-as otherwise defined in 14 CCR Section 18982(a)(31.5). ,,Hazardous substance" means any of the following: (a) any substances defined, r-egulated or tistea lOirectty or by reference) as';Hazardous Substances", "hazardous materials", "Hazardous W;.d,, "toiic waite", "polluiant", or "toxic substances", or similarly identified as hazardous to human health or the environment, in or pursuant to: (i) the comprehensive _Environmental i".ponr", compensation and Liability Act (SERCLA) of 1980, 42 USC 59601 et seq. icihcLej; 1ii; tne Hazardous Materiati Transportation Act, 49 USC 51802, et seq.; (iii) the h*or*'Cdri."rvation and Recovery Act, 42 USC g6901 et seq.; (iv) the Clean Water Act, 33 tjsC Siisi "ireq.;
(v) catifornia Hlatth and safety code 99251 15-25117-,25249.8, 25281, ,na zigl o; (vi) tni Ctean Air Act, 42 USC 57901 et seq.; and, (vii) California Water Code 5 Ordinance No. 1 109
73 January 18, 2022, City Council Meeting
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s13O5O; (b) any amendments, rules or regulations promulgated thereunder to such enumerated itatrt"s or acti currently existing or hereafter enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other Applicable Law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.
,,Hazardous waste" means all substances defined as Hazardous waste, acutely Hazardous waste, or extremely Hazardous waste by the state in Health and safety code $251 10.02, 5251 i S, and 5251 17, State Pubtic Resources Code Section 40141, ot in the future amendments io or recodifiiations of such statutes or identified and listed as solar panels from Residential Premises, and Hazardous waste by the u.s. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC $6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder' ,,High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the-repoding requiiements of 14 CCR Section 18815.5(d) and meets-or exceeds an annual ,u"odi miid waste organic content Recovery rate of fifty percent (50%) between January 1, )OZZ-ana December 31, 2024, and seventy-five percent (750lo) after January 1,.2025, as .i[rrrt"J pursuant to 14 ccR Section 18815.5(e) for organic Waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5): or, as otherwise defined in 14 CCR Section 18982(a)(33).
"lnspection" means a site visit where a City or its,Designee reviews records, containers, and an entiiy;s Cotlection, handling, recycling, or lindfill disposal of Discarded Materials or Edible Food n"ndf ingto determine if th6 entiiy is complying with requirements set forth in this Chapter' or as otherwiie defined in 14 CCR Section 18982(aX35).
,,Large Event,, means an event, including, but not limited to, a sporting event or a flea market, tnattnarges an admission price, or is dperateU by a_local agency, and serves an average of .oi"tf,"i two thousand (2,bOO) individuals per day of operation of the event, at a location that i;i;;., but is not timited to,'a public, nonprofii, or privately owned park, parking. lot, golf ."rri",-itr*t system, or otheropen space when being used for an event. lf the definition in 14 CCR Section i egAZ(axge) differs fiom this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter.
,,Large Venue" means a permanent venue facility that annually seats or serves an average of .orE tnrn two thousand (Z,OOO1 inOiriOu"ls within the grounds of the facility per day of operation of th" ,"nr" facility. For'purposes of this Chapter ant implementation of- 14 CCR, Division 7' Cn"pt* f i,-, venue facitiiy includes, but is not limited to, a public, nonprofit, or privately owned ;; 6;;t".i it"Jirr, amphitheater, arena, ha1, amusement park, conference or civic center, zoo,'aquarium,airport,racetrack,horsetrack'performingartscenter'.fairground'museum' theater, or other pubtic attraction facility. For puiposes of this Chapter and implementation of '14 bcn, oiriri"n z, Chapter 12, a site under common ownership or control that includes more than o* ifi f-"rg" Venue'that is contiguous wi!! -o]!91 Large Venues in the site' is a single Large v"nr.i". rim-" definition in 1n CCR
-section 18982(a)(39f differs from this definition' the definition in 14 CCR Section 1 8982(a)(39) shall apply to this Chapter' .,Local Education Agency,, means a School district, charter school, or county office of education t[ri ii ."t subject io ttr6 contiot of City or county re-gulations related to Recyclable Materials' ijrg""i" Mri;rilts, or Solid Waste, or ai othenv'se defined in 14 CCR Section 1 8982(aX40)' Ordinance No. 1109
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"Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not_ include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. ,MWELO' refers to the Model water Efficient Landscape ordinance, 23 CCR, Division 2, Chaplet 2.7.
.Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the Composting process, or as otherwise defined in 14 CCR Section 18982(aX41).
"Notice of Violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(aX45) or further explained in 14 CCR Section 18995'4' "Organic Materials" means Source Separated Olganic_ Waste that can be placed in a Green Coritainer specifically intended for the separate Collection of Organic Waste by the Generator, "ictrOing
Nbn-Comiostable Paper; Paper Products; Printing and Writing Paper; and. any other Orgini"-Wa.t" thai an Organ'rc Wasie facility may reject to maintain any organics-related Co"mfostinj certifications iniluding but not limited to organic carpets and textiles' contaminated wood or lumber, manure, digestate, biosolids, and sludges. ,,Organic Waste" means wastes containing material originating from living organisms and their ,ui"Uoti" waste products, including but not limited to food, green material, landscape and prrning *ast", organic textiles and Carpets, lumber, wood, Paper Products, Printing and Writing Frp"r,"."nrr", b'iosolids, digestate, and sludg-es or. as_ othe*ise defined in 14 CCR Section r agazialtaol. Biosotids and digestate are as defined by 14 CCR Section 18982(a). ,,Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, paiiaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(aX51).
,,printing and writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton f]ber, offset, forms, computer printout paper, white wove envelopes' manila envelopes' ;;;k'p;p;r, note pads, writing tablets, newsprint, and other uncoated writing papers, posters' inOe*'"irAr, calendars, broc'hures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(5a).
,,prohibited Container Contaminants' means the following: (i) Discarded lvlaterials placed in the Blue container that are not identified as acceptable Recyclable Materials for the city's Blue Co"tri*i iiii Discarded Materials placed in the Green Container that are not identified as ;;6i;ti; big"ni" Materiats-ioitne City's Green. Container; (iii) Discarded Materials.placed in tf* Cr"y Coniainer that ars acceptable Recyclable Materials and/or Organic Materials to be ;i;;li CiiV;. Or""n Container and/or Blue Container; and, (iv) Excluded Waste placed in anv container.
..Propertyowne/,meanstheownerofrealproperty,orasotherwisedefinedin14CCRSection 18e82(aX57)
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"Recovered Organic Waste Products" means products made from California, landfill-diverted recovered Orginic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(aX60).
"Recovery" means any activity or process described in 14 CCR Section '18983.1(b)' or as otherwise defined in 14 CCR Section 18982(aX g).
"Recyclable Material" shall mean any material generated on or emanating from residential or Commercial/industrial premises that is no longer wanted and is Collected, transported, and reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of AB 939. No Discarded Materials shall be considered Recyclable Materials uniess such material is separated from Organic Materials and Solid Waste and offered for Collection through the City's Collection program. "Recycled-Content Paper" means Paper Products and Printing and Writing Paper_ that consists of at least thirty percent (30%), by fiber weight, poslconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(6'1).
"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 ccR section 18982(a)(6a).
,,Route Review" means a visual lnspection of containers along a Hauler Route for the purpose of determining Contaminated Containers and may include mechanical lnspection methods such as the use of cameras, or as othenrise defined in 14 CCR Section 18982(a)(65)' "sB 1383" means Senate Bill 1383 of 2016 approved by the Governor on september '19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and safety code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Cod'e, establiihing methane emissions reduction targets and placing requirements on multiple entiiies including cities, residential households, Commercial Businesses and Commercial Business owners, Commercial Edible Food Generators, Contractors, Self-Haulers, Food Recovery Organizations, and Food Recovery Services in a Statewide efforl to reduce emissions of ihort--lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
,sB 1383 Regulations" or 'sB 1383 Regulatory" means or refers to, for the purposes of this Cfipter, the Short-Lived Climate Pollutjnts: Organic Waste Reduction regulations developed uv d"rne"v"le and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
,self-Haulel' means a person, who hauls solid waste, organic Materials, or Recyclable Material he or she has generated to another person. self-Hauler also includes a person who Oacf-naufs waste, or as-otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means g;nerating and transporting Discarded Materials to a destination owned and operated by the 6eneratoi using the Generator's own employees and equipment, or as otheryise defined in 14 CCR Section 18982(aX66XA).
,,single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
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"Solid Waste" has the same meaning as defined in State Public Resources Code Section 40't 9'1 , which defines Solid Waste as all putrescibte and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not Hazardous
'Waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
1 . Hazardous Waste.
2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 1 1 7600) of Division 1 04 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1 . Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
4. Recyclable Materials, c&D, organic waste, or other salvageable materials only when such materials are Souice Separated from Solid Waste at the site of generation.
"source Separated" means materials, including commingled Recyclable Materials and Organic Materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additionai sorting or processing those materials for recycling or reuise in order to retuin them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the ,rir"ipr".", or as otherwise defined in 14 cCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the Generator' property o*ner, property owner's employee, property manager, or property m,anager's .employee into Oiftereni containers for the purpose
-of
Collection such that Source Separated materials are
ieparated from Solid Waste ior the purposes of Collection and processing' "State" means the State of California.
,,supermarket" means a full-line, self-service retail. store with gross annual.sales of two million Ooillrs ($Z,OOO,O00), or more that sells a line of dry grocery, canned goods'. o.r.ronfood items .nOior" perfhaUte items, or as otherwise defined in 14 CCR Section 18982(a)(71). .Tier One Commercial Edible Food Generatoi' means a Commercial Edible Food Generator that is one of the following:
1. Supermarket.
2 3
4 Grocery Store with a total facility size equal to or greater than ten thousand (10'000) square feet.
Food Service Provider
Food Distributor.
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5. Wholesale Food Vendor.
lf the definition in 14 ccR section 1 8982(aX73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter.
"Tier Two Commercial Edible Food Generatof' means a Commercial Edible Food Generator that is one of the following:
1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
2. Hotel with an on-site Food Facility and two hundred (200) or more rooms'
3. Health facility with an on-site Food Facility and one hundred (100) or more beds.
4. Large Venue.
5. Large Event.
6. A State agency with a cafeteria with two hundred fifty (250),o-r-more seats or total cafeteria ficility size equal to or greater than five thousand (5,000) square feet. 7 . A Local Education Agency facility with an on-site Food Facility' lf the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section '18982(aX74) shall apply to this ChaPter.
"Wholesale Food Vendor'' means a Commercial Business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is ,"""1r"A, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otheruise defined in 14 CCR Section 189852(a)(76)'
13.30.040 RequirementsforSingle'FamilyGenerators
Generators shall subscribe to a three (3) container Collection service that includes a Blue Container, Green Container, and Gray iontainer. Generators shall comply with the following ruquit"r"nt. except Single-Family Generators that meet the Self-Hauler requirements in Section 1 3.30.100 of the La Verne Municipal Code.
A. Shall subscribe to city's collection services for all Discarded Materials generated as described in this section. city or its Designee shall have the right to review.the. number and size of a Generator's contain"rs to evaluate adequacy of capacity providei for each iype of Collection service for proper separation of materials and containment of materials; JriJ Singte-family Generators shatl adlust their service level fcr Collection services as Lqr".t"l Uy tn6 City or its DesignLe. .Generators may additionally. manage their Discarded 1triaterials by preventing -or reducing their Discarded Materials, managing Org"ni. Wr.t" on site,'and/or usirig a Community Composting site pursuant to 14 CCR Section 18984.9(c).
B. Shall participate in the city's collection service(s). by placing des'rgnated- materials in JesllriateO containers as described below, and shall not place Prohibited Container Contaminants in Collection containers.
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1. Generator shall place Organic Materials, including Food Waste, in the Green container; source separated Recyclable Materials in the Blue container; and solid Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container, nor materials designated for the Green or Blue Containers into the Gray Container.
2. Green, Blue, and Gray containers to be collected by the contractor shall be placed, by the owner or occupant of any premises, along the street or. alley frontage of such piemises, or Such other locations as may be mutually agreeable to such persons and the Contractor.
3. No person shall interfere in any manner with any Gre_en, Blue, or Gray Container or the contents thereof, or remove any Blue, Green, or Gray Container or the contents thereof from the location where the same was placed by the owner or occupant of the premises for Collection.
{ 3.30.050 Requirements for Commercial Businesses
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
A. Subscribe to City's three (3) container Collection services and shall be solely responsible to the Contractoi for the payment of the fees set forth in any such agreement the City has entered into with Contractor for Collection service. The City shall not be responsible for piyr"nt of any such fees to any Contractor. Commercial Generators shall comply with requirements of those services is described below in this Section, except Commercial Buiinesses that meet all Self-Hauler requirements set forth in Section 13.30.100 of the La Verne Municipal Code. City or its Designee shall have the right to reviev/ the number and size of a Generator's "ontainers
and frequency of collection to evaluate adequacy of
caJacity provided for each type of Collectio.n_service for proper separatio.n of materials and containment of materials; and commercial Businesses shall adjust their service level for their Collection services as requested by the City or its Designee' B. Except commercial Businesses that meet the self-Hauler requirements in this chapter, partiiipate in the City's Collection service(s) by placing designated materials in designated containers as described below.
.1. Generator shall place and/or direct its Generators to place organic-Materials, includingFoodWaste,intheGreenContainer;SourceSeparatedRecyclable Materiais in the Blue container; and solid waste in the Gray Container- G-enerator shallnotplace,anddirectitsGeneratorsnottoplace,ProhibitedContainer contaminants in collection containers and not place materials designated for the Gray Container inio ine Creen Container or Blue Container or materials designated for t'he Green or Blue Container into the Gray Container' 2,supplyandallowaccesstoadequatenumber,size,andlocationofCollection containers witn sufficient labels and colors (conforming with Subsections 3(a) and 3(b) below) for employees, contractors, tenants, and customers' . consistent with
City,s Btue'Contrin"t, 6t""n Container, and G.ray Container Collection service or, if selihauling, per the bommercial Businesses' instructions to support its compliance with its seli-haut program, in accordance with Section 13'30'100'
3. Excluding Multi-Family Residential Dwellings, provide containers for the collection of -
Organic -Materiats ant Source SeparateJ Recyclable Materials in all indoor and 11 Ordinance No. 1 109
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tz
outdoor areas where disposal containers are provided for customers, for materials generated by that Commercial Business. Such containers do not need to be provided in restrooms. lf a Commercial Business does not generate any of the materials that would be Collected in one (1) type of container, then the Commercial Business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the Commercial Business shall have either:
a. A body or lid that conforms with the container colors provided through the Collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requiremenls or both lids and bodies conforming lo color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1 , 2036, whichever comes first.
b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant '14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1,2022.
4. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Subsection 3(b) pursuant to 14 CCR Section I 8984.9(b).
5. To the extent practical through education, training, lnspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City's Blue Container, Green Container, and Gray Container Collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self- haul program, in accordance with Section 13.30.100.
6. Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for Contamination and inform employees if there are contaminated containers and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(bX3).
7. Annually provide information to enrployees, contractors' tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Organic Materials and Source Separated Recyclable Materials.
8. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes: requirements to keep organic Materials and Source Separated Recyclable Materials separate from Solid Waste (when applicable); the location of containers; and the rules governing their use at each propertY.
9. Provide or arrange access for city or its Designee to their properties during all lnspections conducted in accordance with 13.30.140 of this chapter to confirm compliance with the requirements of this Chapter.
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10. Accommodate and cooperate with City's program for lnspection of the contents of containers for Prohibited Container Contaminants, which may be implemented by City at a later date, to evaluate Generator's compliance with this Section.
11. At Commercial Business' option and subject to any approval required from the City, implement a program for lnspection of the contents of its Blue Containers, Green Containers, and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants.
12. lf a Commercial Business wants to self-haul, it must meet the Self-Hauler requirements in Section 1 3.30.1 00 of this Chapter.
.13. Nothing in this section prohibits a Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 1898a.9(c).
14. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section
13.30.070.
13.30.060 Waivers for Generators
B
De Minimis Waivers - City may waive a Commercial Business' obligation (including Multi- Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the Commercial Business generates below a certain amount of Organic Waste material as described in section 13.30.060(AX2) below. commercial Businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 13.30 060(AX2) below.
2. Provide documentation that either:
a. The Commercial Business'total Collection service is two (2) cubic yards or more per week and Organic Waste subject to Collection in a Blue Container or Green bontainer comprises less than twenty (20) gallons per week per applicable container of the Commercial Business' total waste; or,
b. The commercial Business' total collection service is less than two cubic yards per week and organic waste subject to collection in a Blue container or Green bontainer comprises less than ten (1 0) gallons per week per applicable container of the Commercial Business' total waste.
3. Notify city if circumstances change such that commercial Business' organic waste "rceidt the threshold required for waiver, in which case the waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every five (5) years if City has approved de minimis waiver.
Physical Space Waivers - city may waive a commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all.of the Reciyclable itlaterialJ and/or Organic Waste Collection service requirements if the City has evidlnce from its own staff, a Contractor, licensed architect, or licensed engineer tc
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demonstrating that the premises lack adequate space for the Collection containers required for tompliance with the Organic Waste Collection requirements of Section
13.30.050. A Commercial Business or property owner may request a physical space waiver through the following process:
submit an exemption request form to the Public works Department specifying the type(s) of Collection services for which they are requesting a compliance waiver' Provide documentation that the premises lacks adequate space for Blue containers and/or Green Containers including documentation from its contractor, licensed architect, or licensed engineer.
Provide written verification to the City Manager or his/her designee that it is still eligible for physical space waiver every five (5) years if city has approved application for a physical space waiver.
13.30.070 Requirements for Commercial Edible Food Generators A. Tier One Commercial Edible Food Generators must comply with the requirements of this' ' Section commencing January 1 , 2022, and Tier Two Commercial Edible Food Generators must compty commJncing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large Venue or Large Event operators not providing food services, but allowing for food to Ue iroviOeA by othe-rs, shall require Food Facilities operating at the Large Venue-or Large Er.intto comply with the requirements of this Section, commencing January 1, 2024. c. commercial Edible Food Generators shall comply with the following requirements:
ArrangetorecoverthemaximumamountofEdibleFoodthatwouldothen/Visebe disposed.
contract with or enter into a written agreement with Food Recovery organizations or FooJ i""ou"rv services for: (i) the collection of Edibte Food for Food Recovery; or iiir """"oi"n""
of the Edible iood that the Commercial Edible Food Generator self- hauls to'the Food Recovery Organization for Food Recovery' ShallnotintentionallyspoilEdibleFoodthatiscapableofbeingrecoveredbyaFood Recovery Organization or a Food Recovery Service'
Allowthecityordesignatedthirdparty.enforcemente.ntitytoaccessthepremises and review records puriuant to 14 CCR Section 18991 4'
Keep records that include the following information, or aS otheMise specified in .14 CCR Section 18991.4:
a.AlistofeachFoodRecoveryServiceorFoodRecoveryorganizationthat- coiilcts or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991 3(b)'
b. A copy of all contracts or written agreements established under 14 CCR Section 189e1 .3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address, and contact information of the Food Recovery Service 14 1
.)
2 I
2 c
4 5
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or Food Recovery Organization.
ii. The types of food that will be Collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be Collected or self-hauled' iv.Thequantityoffood,measuredinpoundsrecoveredpermonth,Collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
6. No later than June 1 of each year commencing no later than June 1, 2022, for Tier oneCommercialEdibleFoodGeneratorsandJunel'2024'forTierTwo Commercial Edible Food Generators provide an annual Food Recovery report to the City that includes the records listed in Section 1 3.30.070(CX5)(c)' D. Nothing in this Chapter shall be construed to limit or conflict with the protections provided by thJ California
'Good Samaritan Food Donation Act of 2017, the Federal Good Slmaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of california on september 25,2017 ' which added Article 13 [commencing with section 495801 to chapter 9 ol -Patl 27 ol Division 4 of Title 2 of thl Education Code, and to amend Section 114079 of the Health ana satety code, relating to food safety, as amended, supplemented, superseded, and replaced from time to time).
'13.30.080 Requirements for Food Recovery Organizations and Services A. Food Recovery services collecting or receiving Edible Food directly from commercial Edible Food G'enerators, via a conlract or written agreement established under 14 CCR Section 1 8991 .3(by, shait maintain the following records, or as otheryise specified by 14 CCR Section 18991.5(aX1):
1. The name, address, and contact information for each Commercial Edible Food Generator from which the service Collects Edible Food'
2. The quantity in pounds of Edible Food collected from each commercial Edible Food Generator Per month.
3.ThequantityinpoundsofEdibleFoodtransportedtoeachFoodRecovery Organization Per month.
4. The name, address, and contact information for each Food Recovery Organization thattheFoodRecoveryServicetransportsEdibleFoodtoforFoodRecovery.
B. Food Recovery organizations collecting or receiving Edible Food directly from Commercial Ed-ible iood Generators, via a contract or written agreement established under 14 CCR Section 18991 .3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
l.Thename,address,andcontactinformationforeachCommercialEdibleFood Generator irom which the organization receives Edible Food'
2. The quantity in pounds of Edible Food received from each commercial Edible Food Generator Per month.
3. The name, address, and contact information for each Food Recovery service that the organization receives Edible Food from for Food Recovery' 15 Ordinance No. 1109
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C. Food Recovery Organizations and Food Recovery Services shall inform Tier One and Tier Two Edible Fobd Generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991'3(b).
D. Food Recovery Organizations and Food Recovery Services that have their primary address physic'ally located in the City and contract with or have written agreements with one or more commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier one and Tier Two Commercial Edible Food benerators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than June 1 of each calendar year' E.lnordertosupportEdibleFoodRecoverycapacityplanningasseslmglt:.grotherStudies conducted by ine County, City, or speiial district that provides Solid. Waste Collection services, oi its Oesignlted entity, Food Recovery Services and Food Recovery Organizations operatin6 in the City shalt provide information and consultation to the City, up6n request, regardin! existing, or propose-d new or expanded, Food Recovery capacity that could be aciessed- by the bity and its Commercial Edible Food Generators. A Food R;;"*ry Service or Food Recovery Organization contacted by the City shall respond to such request for information within sixty (OO1 Aays unless a shorter timeframe is otherwise specified bY the City.
13.30.090 Requirements for Gontractors and Facility Operators A. lf the city finds that the public interest, convenience, and necessity so require, it may ,ontira riitn any one (ti or more qualified persons, on an exclusive or nonexclusive basis, for the collection ano oiiiosal of residentiil, Commercial, or industrial Discarded Materials fiom Generators within tne city,s boundaries. ln such event, such agreement shall refer to inis cnapter, insofar as tn" |n"nn", of collection is concerned, as it now exists or as it may ii"r""ftd, be amended. Such agreement shall, in addition, provide for such C-ontractor to bofL"i, pro.".., anOlor Oisfosjof all Discarded Materials from Generators within the City' anO sulir Contractor shall have the exclusive right, privilege, and duty to Collecl, process, anOlor Oispose ot att sucn Oiscarded Materialslor ihe peiiod and times .specified in such ;;;;ffii, ,pon su"n-complniation as may be.therein agreed upon between the citv aiO srcn ioniractor. Each Contractor shall mLet the following requirements as a condition of approval ot a contrJ, agieement, or similar contractual authorization with the City to Collect Discarded Materials:
l.AllDiscardedMaterialsgeneratedwithinthecity,Withtheexceptionof.Hazardous Waste and nrrriJor. dubstances, shall remain the property of the.. City until it is picked up uy tne bontiactor. Through written notice to the city annually on or before iJnt i, zoiz, c;;tr""t;shail ideintify the facilities to which they will transport Recyclable fu"t"rilfr, <iig"nic Materiali, and Solid Waste and shall not deliver the Discardedrrlateriats,toanywaste.to.energyconversionfacilityunlessspecifically ipproved in advance by the City Manager or their Designee'
2.TransportSourceSeparatedRecyclableMaterialstoafacilitythatrecoversthose materials; tr.nrport 6[rr"" s"p"rat"o Green,container organic waste to a facility, operation, actlviti, oi prope'ty 'tf'"t t"co'e" Organic Waste as deflned in ,14 CCR' Division 7, cnapiiiii pl*icie z; ano transport solid waste to a disposal facilitv or Ordinance No. 1 109
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transfer facility or operation that processes or disposes of Solid Waste.
Notwithstanding the foregoing, Contractor shall not be required to transport any containers with Prohibited Container Contaminants to a facility, operation, activity, or property that recovers Organic Waste.
3. Obtain approval from the City to haul Discarded Materials, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with '14 CCR Section 18989. 1 and Section 1 3.30.1 10 hereof.
4. The authorization of exclusive or non-exclusive Contracto(s), as applicable, to Collect Discarded Materials shall comply with any education, equipment, signage, container labeling, container color, Contamination, monitoring, and reporting requirements relating to the Collection of Discarded Materials contained within its franchise agreement with the City.
5. Maintain a fixed place of business in or adjacent to the City and maintain a telephone service at such a place of business.
6. Maintain an accurate list of all customers served by the Contractor within the City.
Such records shall be open and available for reasonable lnspection by the City manager or their Designee.
7. Ensure all vehicular equipment used by Contractor is maintained in a clean and sanitary condition, and shall have prominently displayed thereon, the name, address, and ielephone number of the Contractor. (Prior code S 24A4)
8. Place and maintain on the outside of Green, Blue, and Gray Containers, or other equipment, in legible letters and numerals not less than one (1) inch in height, such Contractor's name or firm name and telephone number.
9. At all times keep in good repair and maintain in a clean and sanitary condition all Green, Blue, and Gray Containers or other equipment to the satisfaction of the health officer. (Prior code S 24-5)
Requirements for Facility Operators and Community Composting Operations:
No person shall maintain or operate any dump, waste disposal facility, or site for the disposal, transfer, or salvage of Recyclable Materials, Organic Waste, or Solid Waste within the City; provided, that nothing contained in this section shall be construed to prohibit the disposal of agricultural or horticultural waste materials such as dead trees, bushes, and similar materials at a Community Composting site. (Prior code s244)
Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) days.
Community Composting operators, upon City request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the B
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Community Composting operation. Entities contacted by the City shall respond within sixty (60) days.
4. Owners of facilities, operations, and activities located in the City's boundaries that receive Recyclable Materials, Organic Materials, and/or Solid Waste shall provide to the City on a quarterly basis copies of all reports that the owners are required to report to CalRecycle, including at minimum, those required by AB 901 and SB 1383.
Any Contractor operating within the City shall comply with the following Collection rules:
Hours of Collection. Collection from commercial/industrial premises may occur Monday through Saturday. Residential collection shall not begin prior to 6:00a.m., and commercial/industrial collection will not begin prior to 5:30a.m. where the commercial/industrial premises is within five hundred (500) feet of an occupied residential premises, except by approval of City Manager of his/her designee.
Schedules. Each Contractor shall establish and thereafter maintain an area schedule of their Collection times and places. Such schedules shall be filed with the City manager and any changes therein shall be flled with the City manager. 1 3.30.1 00 Self-Hauler Requirements
A. Self-Haulers shall source separate all Recyclable Materials and Organic Materials (materials that the City otherwise requires Generators to separate for Collection in the City's Collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.'1 and 18984.2, and shall deliver their materials to facilities described in subsection (B) below, or shall haul Solid Waste (including Recyclable Materials and Organic Materials that are not Source Separated) to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 1 8984 3.
B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Organic Materials to a facility, operation, activity, or property that processes or recovers Source Separated Organic Waste.
C. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Discarded Materials delivered to each facility, operation, activity, or property that processes or recovers Organic Materials or Recyclable Materials, and processes or disposes of solid waste. This record shall be subject to lnspection by the City. The records shall include the following information:
'1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the Generator to each entity.
3. lf the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Discarded Materials.
D. A residential Generator that self-hauls Organic Materials is not required to record or report information in Section 1 3.30.100(C).
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E. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 13.30.100(C) to the City if requested and within ten (10) days of such request.
13.30.1 10 Compliance with CALGreen Recycling Requirements A. Persons applying for a permit from the City for new construction, building additions, and alterations shall comply with the requirements of the California Green Building Standards Code,24 CCR, Part 11, known as CALGreen, as amended, if its proiect is covered by the scope of CALGreen. lf the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.
B. For projects covered by CALGreen, the applicants must, as a condition of the City's permit approval, comply with the following:
1. Where five (5) or more Multi-Family Residential Dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and Collection of Discarded Materials, consistent with the three (3) container Collection program offered by the City, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410."1 of the California Green Building Standards Code, 24 CCR, Part '1 1 as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
2. New Commercial construction or additions resulting in more than thirty percent 30% of the floor area shall provide readily accessible areas identified for the storage and Collection of Discarded Materials, consistent with the three (3) container Collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1,
4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code,24 CCR, Part 11 as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1,2020.
3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with all written and published City policies, ordinances, and/or administrative guidelines regarding the Collection, recycling, diversion, tracking, and/or reporting of C&D. {3.30.120 Model Water Efficient Landscaping Ordinance Requirements A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City' who are constructing a new (Single-Family, Multi-Family, public, institutional, or commercial) project with a landscape area greater than five hundred (500) square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred (2,500) square feet, shall comply with Sections 492.6(aX3)(B), (C), (D)' and (G) of the Model Water Efficient Landscaping Ordinance (MWELO), including sections related to use of Compost and mulch as delineated in this Section 13.30.120.
B. The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this chapter. other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapler 2.7 - 19 Ordinance No. I 109
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13.30.130 Procurement Requirements for city Departments, Direct Service Providers, and Vendors
Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 13.30.120(A) above shall:
1. Comply with Sections a92.6 (a)(3)(BXC), (D) and (G) of the MWELO, which requires the su'bmittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent(6%)organicmatterinthetopsix(6)inchesofsoilareexemptfrom adding ComPost and tilling.
b. For landscape installations, a minimum three (3) inch layer of mulch shall be appliedonallexposedsoilsurfacesofplantingareasexceptinturfareas, cieeping or rooting groundcovers, or direct seeding applications where mulch is contiain-dicated. To -provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitai must be included in the landscape design plan as such' c. organic mulch materials made from recycled or post-consumer materials shall tak-e precedence over inorganic materials or virgin forest products. unless the recycied post_consumer oiganic products are not locally available. . organic
mulches are not required -lvhere prohibited by local fuel modification plan guidelines or other applicable local ordinances'
2.TheMWELocomplianceitemslistedinthissectionarenotaninclusivelistof MWELO requirements; therefore, property owners or their building or landscape J"sign"rs that meet the threshold tor trlwgto compliance ouflined in section
13.3-0.120(A) shall consult the full MWELO for all requirements' lf, after the adoption of this chapter, the california. Department of water Resources, or its ,l".Lrr"iug"ricy, amends zc ccn, Division 2, Chapter 2.7, Sections 492.6(aX3XB) (c), ioi ,na (G)-of the MWELO September 15, 2015 requirements in a manner that requires i,ii.,iai.,i-r'ti in.oiporrlE tn" iequirements of an updated MWEL9 in a local ordinance, '3"ijil;";d"iliqrirlr*nt. include provisions more stringent than those required in thissection,therevisedrequirementsof23ccR'Divlsion2,Chapter2'Tshallbe enforced.
citydepartments,anddirectserviceproviderstotheCity,aSapplicable,mustcomplywith the city-adopteo procuremeni porty tor Recovered organic waste Product Recycled- Content Paper.
AllvendorsprovidingPaperProductsandPrintingandWritingPapertotheCityshall:
'1. lf fitness and quality are equal, provide Recycled-Content Paper products that consist of at least thirty p"r"""i iibir"l, by fiber weight, postconsumer fiber instead of non_recycteo produaj whenevei recyclei Paper Products are available at the same or lessei total cost than non-recycled items'
D
B
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2. Provide Paper Products and Printing and writing Paper that meet Federal Trade commission recyclability standard as defined in 16 code of Federal Regulations (CFR) Section 260.12.
3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Faper Products and Printing and Writing Paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer maierial in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, on invoices or receipts provided, that the Paper Products and printing and Writing Paper offered or sold to the City are eligible to be labeled with an unq-ualified recy-ctarte label as defined in 16 Code of Federal Regulations (cFR) Section 260.12.
5. Provide records to the city's designated personnel member for purposes of Recovered Organic Waste Pioduct piocurement recordkeeping in accordance with the city,s Recy:cled-content paper piocurement policy(ies) of all-Paper Products and irintini anO Writing Paper purchaies within thirty (30) days.of the purchase (both recycl;-content a-nd non-recycled content, if any is purchase_d). made by any division or department or employee of the city. Records shall include a copy (electronic or paper) of the invoite or other -documentation of purchase, written
certificationsasrequiredinSectionsl3.30.l3o(B)(3)and(B)(a)ofthisChapterfor recycled-contentpurchases,purchasername'quantitypurchased'.datepurchased' and recycled content (including products that. contain none), and if non+ecycled content paper producis or eri-nting and witing Papers are provided, include a descriptionofwhyRecycled-ContentPaperProductsorPrintingandWritingPapers were not Provided.
13.30.140 lnspections and lnvestigations
A. City representatives and/or its designated entity, including Designees are authorized to conduct lnspections anJ investigaiions, at rindom or otherwlse, of any Collection "ont"n"r,
Collection vehiLle loadslor transfer, processing, or disposal facility for materials Collected from Generatois,-oi Sout"" Separated materiais to confirm compliance with this chapter by Generators,-'commercial businesses (including Multi-Family Residential Dwellings), property o*n"o, co.r"rcial Edible Food Generators, self-Haulers, Food Recovery services,
"ni
Fooo i".or"ry organizations, subject to applicable laws. This Section does not allow bity to ent"r ihe interior of a private residential property for lnspection.
B. Generators, commercial Businesses (including Multi-Family Residential .Dwellings), p.p"rty otirn"rt, corm"tiiii Edible Food Generators' SellHaulers' Food Recovery Services, and Food n".lr"r,, org;.izations shall provide or arrange for acce-ss.during all in.p""iion. (except toiles]oLntiJr prop"rty interiors) and shall cooperate with the city's p"r!".ir"i "i it, Oesigne;Juiing sucn-tnipeAUns and investigations. Su-ch lnspections and investigation, ,ri- in"iroz
-ionR*"Uon of proper placement of materials in
containers, Edible Food Recovery activities, recordi, or any other requirement of this chapter described nerein.
-iaiiur6 to provide or arrange for: (i) access 10 an entity's premises: or 1li; accesslo ,"*rJ" for any lnspection or investigation is a violation of this bnapter and may result in penalties described'
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C. Any records obtained by the City during its lnspections and other reviews shall be subject to ihe requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. City representatives/personnel and/or Designee are authorized to conduct any lnspections or
-other
investigations of Generators, Commercial Businesses (including Multi-Family Residential owettings), property owners, commercial Edible Food Generators, self- Haulers, Food Recovery Services, and Food Recovery organizations as reasonably necessary to further the goals of this Chapter, subject to applicable laws' E. City shall receive written complaints from persons regarding an entity that may be pot,entially non-compliant with sB 1383 Regulations, including receipt of anonymous complaints.
13.30.150 Enforcement
A. Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation ani assessment of a fine by the City Manager or their designee. Enforcement Actions under this Chapter include, bui are not limited to, issuance of an administrative citation and assessmeni of a fine. ln addition to the procedures in this section 13.30. 150, tn" CitV may enforce this Chapter consistent with the procedures in La Verne Municipal Code Chapter 9.60.
B. Other remedies allowed by law may be used for enforcement, including but not limited to .iuiii6ion or prosecution is misdemeanor or infraction. The City may pursue.civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations' or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
C. Responsible Entity for Enforcement
l.EnforcementpursuanttothisChaptermaybeundertakenbytheCityManageror their designee authorized and legally able to undertake such action' a.TheCityManagerortheirdesigneewillinterpretthis.Chapter;determinethe appticabltityof-waivers,ifviolat.ron(s)haveoccurred;implementEnforcement Aciions; and, determine if compliance standards are met' b. The City Enforcement Manager or their designee may issue Notices of Violation(s).
D. Process for Enforcement
,l.TheCityManagerortheirdesignee-rvill.monitorcompliancewiththischapter ianoomty ano tnlougn compliaice Reviews, Route Reviews,. investigation of comptaints, ano an-tnifeaion program. section 13.30.140 establishes city's right to conduct lnspections and investigations'
2. city may issue an official notification to notify regulated entities of its obligations under the ordinance.
3. ContaminationPrevention.
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a. For incidences of Prohibited Container Contaminants found by City or its Designee in containers, City will issue a Notice of Violation to any Generator found to have Prohibited container contaminants in a container. Prior to issuance of a Notice of Violation, City's Designee may provide an informal warning(s) or notice(s) of Prohibited Container Contaminants via cart tag' Thereaftei, any Notice of Violation shall be provided by the City via mail within two (2) days after City determines a violation has occurred with respect to prohibited Container Contaminants. lf the City or its Designee observes Prohibited container contaminants in a Generator's containers on more than two (2) occasion(s) in any calendar year starting January 1' the City may assess an administrative fine or penalty on the Generator in accordance with section
13.30.150(E).
b. ln addition to 13.30.150(D)(3)(a), Designee may implement through Designee's service rate structure a contamination service charge for customers committing incidents of Prohibited container contaminants. Designee shall provide such customers with written notice and/or cart tags, or such other procedures required under any contract, agreement, or similar contractual authorization between the city and its Designee, prior to levying any contamination,service charge. Designee shall inform city of each customer committing incidents of Prorribited container contaminants in a manner consistent with the agreement, or similar contractual authorization between the city and its Designee prior to issuing a contamination service charge. The foregoing contamination .service charge shall not be considered an administrative fine or penalty. Any disputes arisiig from the assessment of a Contamination service charge shall .be adjudicated pursuant to the customer complaint resolution process provided under the teims of any contract, agreement, or similar contractual authorization between the city and its Designee assigned to collect Discarded Materials.
4. Except for violations of Generator contaminated containers addressed under Sectibn 1 3.30.1 50(DX3), City shall issue a Notice of Violation requiring compliance within sixty (60) days of issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Ciiy shall commence an Enforcement Action to impose penalties, via an administrative citation and fine.
Notices shall be sent to "owne/' at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling oi Commercial property, or to the party responsible for paying for the Collection services, depending upon available information' Penalty Amounts for Types of Violations. Administrative fine levels shall be as stated in se"tions,oo.osOoftheLaVerneMunicipalCode,exceptingthatShouldt!.,9p-"|3u"' levels in section 9.60.030 either (i) fall below the minimum amounts stated in 14 ccR section 18997.2, or (ii) exceed the'maximum amounts stated in 14 ccR section 18997 2, G"n tn" adminiitrative fine level shall be that which is closest to a level stated in 14 CCR Section 18997.2.
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F. Compliance Deadline Extension Considerations. The City may extend the compliance deadiines set forth in a Notice of Violation issued in accordance with this Section
13.30.150 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such aS earthquakes, Wildfires, flooding, pandemics, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or,
3. Deficiencies in organic waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to l4 CCR Sectlon 18996.2 due to those deficiencies'
G. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request i hearing to appeal the citation pursuant to the appeal procedures in San Dimas Municipal Code Section 9 60 070' H, Education Period for Non-Comp|iance. Beginning January 1,2022 and through December ii, z.ozg, city will conduct 'lnspections, noute Reviews or waste evaluations, and Compliance ieviews, depending upgn the type of regulated entity' to^ determine .oriiirn"" with this chaiter, ang it c1v det,ermines that a Generator, self-Hauler, conir".tor, Tier one cormer"iar Edible Food Generator, Food Recovery organization, iooJ n".ou"ry Service, or other entity is not in compliance, it shall provide educational materials to the entity desciiuing its bbligations under this chapter and. a notice that "orf i.n"" is required by JanJary 1,. i022, and that violations may be subject to administrative civil penalties starting on January 1
' 2024'
l.CivilPenaltiesforNon-Compliance.BeginningJ"n,"ry1,2024,|fthe.citydetermines inat a cenerator, Self_Hauler,coniractor, Tier-one or Tier Two commercial Edible Food Generator, Food Recovery oi.grniiation,'rood Recovery service, or other entity is not in .#pi"..L *itf, tnis Cnafjter, iGniit document tne noniompliance or violation, issue a Notice "iUi'"-f
rti"", and take entbrc"m"niA"tion pursuant to this Section 13.30.150, as needed.
Section2:ThecitycouncilHEREBYFlNDSandDETERM|NESthatadoptionofthe OrOlnaifi i-s categoricaf fV exlmpt trom environmental review under section 15308 of the 6"riioinl, enrirorimental-Quality Act and city of La Verne environmental guidelines.
Section3:lfanySection,subsection,subdivision'sentence,clause,.orportionofthis ordinance,isforanyreasonheldtobeinvalidorunconstitutionalbythedecisionofanycourt of competent jurisdiction, .;;;Li;; shalt not affect the vatidity of the remaining portions of the ordinance. The city corncii n"reov declares that it would have adopted this ordinance' and each section, subsection, subdivLion, sentence' clause' phrase' or portion thereof' ir".p"Jir" ot the fact th;i-;;t on" omor" sections, subsections, sentences, clauses, ;h;;!;.: "r"
portions thereof be declared invalid or unconstitutional' Ordinance No. 1 109
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and adoption of this ordinance and shall cause the same to be posted pursuant to the provisions of the law in that regard, and this Ordinance shall take effect (30) days after such passage and adoption.
section :[ The Mayor shall sign and the Assistant City Clerk shall certify to the passage PASSED, APPROVED AND ADOPTED this of2022.
Mayor Tim Hepburn
Lupe Gaeta Estrella, CMC
Assistant City Clerk
CERTIFICATION
ATTEST:
t, Lupe Estrella, Assistant city clerk of the city of La Verne, do hereby^certify that ordinance t to. i tOg *". introduced for iirst reading at a regular meeting on the 18tn day of January, 2022' Thereafter, said ordinance was duly approved and adopted at a regular meeting on the, of said City Council on the day of by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Lupe Gaeta Estrella, CMC
Assistant City Clerk
Ordinance No. 1 109
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