Agenda And Agenda Packet
CITY COUNCIL AGENDA PACKET 2022-06-06 18-30.PDF
CITY COUNCIL AGENDA 2022-06-06 18-30.PDF
Minutes
CC MINS 2022-06-06 (REGULAR).PDF
1. Documents:
2. Documents:
Table of Contents
Agenda 2
Agenda Items
5a. City Council Minutes 9
5b.1. Reso.22-25 SB 1 17
5b.2. Reso. 22-26 Fruit St Final Map 21
5b.3. Reso.22-27, LLMD No. 6 45
5b.4. Reso.22-28, LLMD No. 8 75
5b.5. Reso.22-29, LLMD No. 8 91
5b.6 Reso.22-30 84 -1M 107
5b.7. Reso 22-31 Annual Agreements 141
6a. JPFA Minutes 537
6b. JPFA, Site Lease and Assignment 539
7 . City, Site Lease Agmt & Assignment 601
1 City Council Agenda Packet, Monday, June 6, 2022
CITY OF LA VERNE
CITY COUNCIL AND
JOINT PUBLIC FINANCING AUTHORITY
AGENDA
Monday, June 06, 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 w ith 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 at 6:00 p.m. 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 cityclerk@ cityoflaverne.org 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 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_Vt0BgwVhTvach4BaWd_qBA before 5:00 p.m. on Monday, June 6, 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
2 AGENDA, La Verne City Council Meeting, Monday, June 06, 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. 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)
5. CONSENT CALENDAR (All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)
a. City Council Minutes
of May 16, 2022, to be received and filed.
b. Staff recommends approval and passage of the following Resolutions:
1. Resolution No. 22 -25 - A Resolution OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A PROJECT LIST AS REQUIRED BY SENATE BILL 1 - The Road Repair and Accountability Act In April 2017, Governor Brown signed into law Senate Bill 1 (SB1), also referred to as the Road Repair and Accountability Act (RRAA) of 2017.
SB1 provides for increased g as taxes and registration fees, which are to be deposited into the State’s Road Maintenance and Rehabilitation Account (RMRA).
RMRA funds are apportioned to local agencies each year for basic road maintenance, rehabilitation, and other safety projects. S B1 also requires each eligible agency to submit a project list to California Transportation Commission (CTC) in order to receive these funds. La Verne’s allocation for fiscal year 2022/23 is estimated at $754,000.
Public Works Director Igoe recommends that the City Council approve Resolution No. 22-25, approving the proposed SB1 project list for fiscal year 2022/23.
2. Resolution No. 22 -26
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT 83353, A REQUEST BY BRANDYWINE HOMES, TO SUBDIVIDE ONE PARCEL WITH AREA OF 2.25 ACRES AT 3717 FRUIT STREET INTO A 50 UNIT, THREE STORY INTERLOCKING TOWNHOME SUBDIVISION - On September 28, 2021 the Planning Commission approved Tentative Tract Map No. 83353 for 50 units of three story interlocking townhomes (Brandywine Homes) located north east of the intersection of Foothill Blvd. and Fruit St. at 3717 Fruit Street. The Final Tract Map has been submitted for approval, allowing for the subdivision of a signal parcel with an approximate area of 2.25 acres
City Engineer Howing recommends that the City Council adopt Resolution No. 22 - 26, approving the Final Tract Map No. 83353 for a 50 unit three story interlocking townhome project and direct staff to sign the map as to its conformance with the 3 AGENDA, La Verne City Council Meeting, Monday, June 06, 2022, Page 3 Subdivision Map Act, Specific Plan (63 -20SPA) and General Plan Amendment (122- 20GPA).
3. Resolution No. 22-27
- A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE,
COUNTY OF LOS ANGELES, STATE OF CALIFOR NIA, APPROVING THE “ENGINEERS REPORT” FOR ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2022-23 IN THE EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT
WITHIN SAID CITY, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY
AND COLLECTION OF ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #6) - Pursuant to the requirements of the Landscape and Lighting Act of 1972, part of Division 15 of the Streets and Highway Code of the State of California, an Engineer’s Report for Landscape and Lighting Maintenance District No. 6, including special zones, those areas receiving specific benefit in addition to the special citywide benefit has been prepared for City Council approval.
Said approval sets the levy of assessments for Fiscal Year 2022- 23 and sets the public hearing for July 18, 2022. No change in the assessment levy is being proposed for the subject special benefit in Zones 2, 3, 4 -1, 4 -2 and 5. Zone 5 is proposed to have the levied assessment reduced below the maximum assessment amount to draw down reserves. The formation of Zone 6 allowed for CPI increases which with the March 2022 CPI of 8.5% allows for a maximum assessment per parcel of $308.23. A levy of $265.60 is proposed for this zone.
City Engineer Howing is recommending that the City Council adopt Resolution No. 22-27 preliminarily approving the Engineer’s Report and setting the public hearing for the levying of assessment for Citywide District and the subject Zones for July 18, 2022.
4. Resolution No. 22-28 - A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE “ENGINEERS REPORT” FOR ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2022-23 IN THE EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT
WITHIN SAID CITY, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY
AND COLLECTION OF ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #7) - Pursuant to the provisions of Division 15, Part 2, of the Streets and Highway Code, an Engineer’s Report for Landscape and Lighting Maintenance District No. 7 (La Verne Heights III) has been prepared for City Council preliminary approval. Said approval sets the levy of assessments for Fiscal Year 2022-23 and sets the public hearing for July 18, 2022. There is a prop osed increase to the assessment amount levied for this Fiscal Year to address increased maintenance costs. The proposed assessment amount of $660.00 is below the maximum allowable assessment of $693.26.
City Engineer Howing is recommending that the City Council adopt Resolution 22 - 28, preliminarily approving the Engineer’s Report and set the public hearing for levying a full year’s assessment for July 18, 2022.
4 AGENDA, La Verne City Council Meeting, Monday, June 06, 2022, Page 4
5. Resolution No. 22 -29- A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE,
COUNTY OF LOS ANG ELES, STATE OF CALIFORNIA, APPROVING THE “ENGINEERS REPORT” FOR ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2022-23 IN THE EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT
WITHIN SAID CITY, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY
AND COLLECTI ON OF ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #8) - Pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Code, an Engineer’s Report for Landscape and Lighting Maintenance District No. 8 (Marshall Canyon Estates Specific Plan development) has been prepared for City Council preliminary approval. Said approval sets the levy of assessments for Fiscal Year 2022- 23 and sets the public hearing for July 18, 2022. It is proposed to set the levy at the 1996 -97 approved full year’s assessment of $249.70 per parcel.
City Engineer Howing is recommending that the City Council adopt the attached Resolution No. 22-29, preliminarily approving the Engineer’s Report and setting the public hearing for July 18, 2022.
6. Resolution No. 22-30- A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DECLAR ING ITS INTENTION
TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022- 23 IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (84 -1M.) - Pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Code, the Engineer’s Report for Maintenance District No. 84- 1M contains a reference to the existing plans and specifications for the area to be maintained, the estimated cost to maintain for the Fiscal Year July 1, 2022 to June 30, 2023, and the assessment diagram. It is proposed that there will be no change in the levy from the previous thirty years ($8.00 per parcel). Staff is recommending that City Council approve the Engineer’s Report on a preliminary basis and set the Public Hearing for July 18, 2022. (PLEASE NOTE:
Council Member Carder will declare a conflict of
interest and abstain from voting on this matter, because she owns property within the boundaries of Maintenance District 84-1M.)
City Engineer Howing is recommending that City Council adopt Resolution No.22 - 30, approving the Engineer’s Report, setting the public hearing for July 18, 2022.
7. Resolution No. 22 -31
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUT HORIZING ANNUAL CITY AGREEMENTS FOR FISCAL YEAR 2022 -23 - Once a year, the City Council considers annual agreements for renewals or extensions. As such, attached are the services proposed for the coming fiscal year for City Council consideration.
Staff recommends that the City Council should approve the annual City agreements by adopting Resolution No. 22 -31 which authorizes the Mayor and Assistant City Clerk to execute the annual agreements as listed on the Resolution.
5 AGENDA, La Verne City Council Meeting, Monday, June 06, 2022, Page 5
THE LA VERNE CITY COUNCIL WILL RECESS TO MEET AS THE LA VERNE JOINT PUBLIC FINANCING AUTHORITY; FOLLOWING, WHICH THE CITY COUNCIL WILL IMMEDIATELY RECONVENE.
6. JOINT PUBLIC FINANCING AUTHORITY
a. Joint Public Financing Authority Minutes of August 16, 2021, to be received and filed.
b. Resolution JPFA No. 63 of the Board of Directors of the La Verne Joint Public Financing Authority approving a Site Lease, a Lease Agreement and an Assignment Agreement, and authorizing the taking of certain other actions in connection therewith - On April 4, 2022, the City Council directed staff to proceed with preparing the document s necessary to issue bonds to support the projects within the Enhanced Infrastructure Financing District. Tonight, the City Council of the City and the Board of Directors of the Aut hority will consider the authorization of the financing transaction that will provide the initial funding needed to install the first EIFD projects.
STAFF RECOMMENDATION: The Joint Powers Board of Directors should adopt the Resolution No. JPFA No. 63, as follows;
Resolution No. JPFA No. 63 - A RESOLUTION OF
THE BOARD OF DIRECTORS OF THE LA VERNE
JOINT PUBLIC FINANCING AUTHORITY
APPROVING A SITE LEASE, A LEASE
AGREEMENT AND AN ASSIGNMENT
AGREEMENT, AND AUTHORIZING THE TAKING
OF CERTAIN OTHER ACTIONS IN CONNECTION
THEREWITH.
THE LA VERNE JOINT PUBLIC FINANCNG AUTHORITY WILL ADJOURN AND THE CITY COUNCIL WILL IMMEDIATELY RECONVENE.
7. OTHER MATTERS:
Resolution No. 22 -32 of the La Verne City Council Approving a Site Lease, a Lease Agreement and an Assignment Agreement, and Authorizing the taking of certain other actions in connection therewith - On April 4, 2022, the City Council directed staff to proceed with preparing the document s necessary to issue bonds to support the projects within the Enhanced Infrastructure Financing District. Tonight, the City Council of the City and the Board of Directors of the Authority will consider the authorization of the financing transaction that will provide the initial funding needed to install the first EIFD projects.
STAFF RECOMMENDATION: The City Council should adopt the Resolution No. 22- 32, as follows:
Resolution No. 22 -32 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE
APPROVING A SITE LEASE AND A LEASE
AGREEMENT, AND AUTHORIZING THE TAKING
OF CERTAIN OTHER ACTIONS IN CONNECTION
THEREWITH.
6 AGENDA, La Verne City Council Meeting, Monday, June 06, 2022, Page 6
8. PUBLIC COMMENTS/ORAL COMMUNICATIONS - This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Please email your public comment to the Assistant City Clerk at [email protected]
. Your public comment will be shared with the
City Council and included as part of the permanent record. If you wish to speak, email your phone number and staff will call you back. There is a 3-minute time limit on public comments.
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 Closed Session for the following:
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 Section 54956.9(b)(1)(3): one potential case.
Conference with Labor Negotiator (Government Code Section 54957.6).
Negotiators: City Manager, Personnel Officer, 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.
Conference with Labor Negotiator (Government Code 54957.6)
Negotiator: City Attorney
Unrepresented Employee: City Manager
7 AGENDA, La Verne City Council Meeting, Monday, June 06, 2022, Page 7
11. ADJOURNMENT in memory of retired La Verne Fire Chief Pete Jan kowski. Chief Jankowski was hired as a Firefighter/Paramedic with La Verne Fire in 1999. He assumed numerous internal collateral duties, served as a state incident management team member and acquired multiple state fire training certifications. After promoting through the Captain and Battalion Chief ranks, he was eventually appointed as the permanent Fire Chief in 2013. Post 2019 retirement, he continued to serve the fire service as a National Fire Academy instructor and private sector organizational consultant. Throughout his career, he achieved extraordinary academic and operational successes, which La Verne Fire will continue to benefit from for years to come. Chief Jankowski’s commitment to the City of La Verne, Fire Department and the fire service overall was commendable. Having selflessly protected humankind from peril for over two decades, his contributions to the betterment of ‘the job’ are goals we can, and should, all aspire to. Chief Jankowski is survived by his wife, and two children
THENEXT REGULAR MEETING of the La Verne City Council
is scheduled for Monday, June 20, 2022 at 6:30 p.m.
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 May 31, 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.
8 1
MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
LA VERNE
Monday, MaY 16,2022
A regular meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:30 p.m.
3. 4.
2, Council Members Present:
None.
City Manager Robert Russi
Assistant to the City Manager JR Ranells
City Attorney Robert L. Kress
Assistant City Clerk Lupe Gaeta Estrella
Police Chief Colleen Flores
Community Development Director Eric Scherer
Public Works Director Shawn lgoe
Community Services Manager Yvonne Duran
Public Works Manager Tracy Costello
pledge of Allegiance and presentation of Colors was led by La Verne VFW Band of Brothers Post 12034' Mayor Tim HePburn
Mayor Pro Tem Muir Davis
Council Member Robin Carder
Council Member WendY Lau
Council Member Rick CrosbY
La Verne VFW Commander Post 12034 Daniel Lopez and former La Verne -ity Councit Member and Veteran Dan Harden thanked Council Member C"iO"r for bringing forth their request to City Council to place a "Chair of Hono/' in tne city council chambers. The empty chair will-s^erve as a reminder of allthe sacrifices made for'Our Country' by the 82,000 American still missing service members.
Council Member Carder read a commendation honoring and celebrating the men and women that have served our country in the 6 branches of the United States Armed Forces and which has always been paramount to the City of i" V"tn" and its' residents. The "Chair of Honor" will be a reminder of all the iacriflces made for our country by the 82,000 still-missing American service members.
La Verne VFW Post 12034 Commander Daniel Lopez and former La Verne City Councif Member and Veteran Dan Harden unveiled the "Chair of Hono/'' ft4i]ffrtO"n reported that the Chair was not finished yet, b-ut would be ready for tne seconO dedication at the Memorial Day Ceremony. After the ceremony, in",;cnair of Honor" will be placed in the Council Chambers as a permanent memorial in honor of the stitl missing America service members.
The city councilthanked the La Verne VFW Band of Brothers Post 12034 and fUt. HjtOen for bringing the "Chair of Honor" to the City of La Verne which will Oe pfaceO in the Co-un6il Chambers and used on Memorial Day and Veterans Day events.
Absent:
Advisory personnel Present:
Presentations/Chair of Honor
Dedication at La Verne CitY Hall
9 Monday, June 6, 2022, City Council Meeting
5. City Council Minutes, Monday, May 16, 2022,Pa1e2.
"Older Americans Month"
"Mental Health Month"
Announcements of UPcoming
CommunitY Events
6. Consent Calendar
City Council Minutes
Register of Audited Demands
Mayor Hepburn, on behalf of the city council, presented-a proclamation to S"nio, Adiisory Chairman Terry Kisiler proclaiming the Month .ol May 2022 as ,,older Americans Month" recognizing the contributions of our older citizens, to neip creatJ in inctusive societf, andloin efforts to supports older Americans' choices about how they age in their community'
Mayor Hepburn, on behalf of the city council, presented a Proclamation to RinimiHundal, Directorof MentalHealth Services proclaiming the Month of May ZiZZ as.Mental Health Month" to support and recognize the efforts at fighting td;t[il;ssociated with mental health, providing support, educating the puUfic]JnO advocating for equal care;.and to increase awareness and InOeritanOing of menial illnesses, reducing stigma and discrimination, and ;r"r"1ilg ipf,ropriate and accessible services for all people with mental illnesses.
The city council recessed at 6:49 p.m. and reconvened at 6:56 p.m.
George May, La Verne Library Manager,.reported on the. upcoming Library Sumiler Program starting in June and other library events' Rick Bowen, Chair of the La Verne Concerned Citizen Collation announced in"t t["V *iri oe holding a Question and Answer Forum w1h Mayor Hepburn "nd
ft4iio,. pro Tem Divis who are both running for City _Council-for Districts 1 a C on fhursday, June 2, 2022, althe Rock of the Foothills at 6:30 pm' Council Member Crosby announced that the Bonita High School Girls' Softball ieam maOe the CIF tinits. tre last time the Girls Softball made the CIF Finals was in 1979,42 Years ago.
MayorHepburn,speakingasaLaVerneresident,statedthathewas .on."rn"O witn thingi beTng posted on social media involving District 3 and felt ',t *r, n""".sary toiemind-candidates of the "Code of Fair Practices" that eacn of the Candidatli iigneO when they chose to run for City Council' He i"jO tn" ,,Code of Fair Prictices". He urged the Candidates to subscribe to the CoJe of Fair Campaign Practices by following its basic principles of decency, non".iy and fair piaylHe stated that La Verne is a smalltown and everyone will stilibe family and friends after the election'
ltwasmovedbyDavis,secondedbyCarder,andunanimous-lycarriedto accept,approve,oractontheConsentCalendaritemsasfollows:
@oftheregularandadjournedmeetingsofMay2,2022,
received andfiled.
in the amount of $1 ,911,621.82, dated April
14,2022, in the amount of 1,734.63, dated APril 21,2022, in the amount of $1,166,325 .91, dated APril28, 2022, and in the amount of $1,362,806.58 dated May 5,2022, approved as recommended bY Finance Director Pendleton.
10 Monday, June 6, 2022, City Council Meeting
City Council Minutes, Monday, May 16,2022' Page 3.
Armored Vehicle Replacement - The La Verne Police Departments 1982 Dodge Armored PeacekeePer has reached its end of life and cannot be repaired without a substantial cost to the city. The Department is seeking authority to Purchase an armored incident vehicle from Lenco. The Department received information
selling a refurbished
$194,225.
from the manufacturer, Lenco Armored Vehicles, who is
2OO8 Lenco Bearcat Armored Response Vehicle for
Police Chief Flores recommended that the City Council approve and provide inl cit Mrnaoer the authoritv to purchase a refurbished 2008 Lenco Bearcat nimor6o rncio6nt Response Vehicle from Lenco Armored Vehicles for $194 -izsiuooorteo bv the funding source noted within this report' Assembly Bill lgr rlqiires appioval from City Council for all mititary equipment purchases to compiy'with Government Code 7071. Approved as recommended' Resolution No. 22'22,
Authorizing a Fiduciary
Services Agreement with the
Los Angeles High lntensity
Drug Trafficking Area (LA
HIDTA) Program
Ordinance No. 11'10,
Adopting Military Equipment
Policy
. A RESOLUTION OF THE CITY COUNCIL OF THE
cITY OF LA VERNE, COU NTY OF LOS ANGELES, STATE OF CALIFORNIA' AUTHORIZING A FIDUCIARY SERVICES AGREEMENTW|TH THE LOS
ANGELES HIGH INTENSITY DRUG TRAFFICKING AREA (LA HIDTA) AGENCY) PROGRAM - ln the MaY 2,2022CiW Council study session, it was shared that the CitY of La Verne has been approached to become the fiduciary of the LA HIDTA Program, which requ ires performing financial accounting services, receiving grant awards in the name of the Ci$, and ensuring performance of any req uired program aud its. Council directed staff to finalize the terms of the agreement with LA HIDTA, which is presented today for Council consideration. The agreement will provide compensation to fund one Accountant sPecia lizing in grant accou nting and reimbursements and additional audit services required for the LA HIDTA programs. .AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA VERNE, COU NTY OF LOS ANGELES, STATE OF
CALIFORNIA, ADDING CHAPTER 1O ("M ILITARY EQUIPMENT POLTCY) TO TITLE 9, sEcTloN NO. 10.04.010 OF THE LA VERNE MUNICIPAL
CODE GOVERNI NG THE USE OF MILITARY EQUIPMENT BY THE
POLICE DEPARTM ENT - Assembly Bill 481 ('AB 481") went into effect on January 1, 2022, and rcquires a law enforcement agency to obtain approval of its govern ing body to enact a military equiPment use policy before purchasing, using, raising funds for, or acquiring military equipment. The Ordinance was placed on first
Finance Director Pendleton recommended that the City Council adopt hlr"iiti". iz-iz, iuthorizing the Mayor to execute the Agreement' authorize or"nis i"crr"O tor LA HIDTA operati6ns to be awarded in the name of the City ;iUG;;;,;it*t the Finance Director lo open bank accounts; establish the i"qrir"J "a;;nting
funds/accounts to facilitate the agreed upon fiduciary
;;i;. ;; t" in6riorate LA HIDTA initiatives into the Fisc*lYear 2022-23 budgel. Approved as recommended.
18,2022.
reading and further reading was waived by City Council on APril 11 Monday, June 6, 2022, City Council Meeting
o.
City Council Minutes, Monday, May 16, 2022, Page 4.
Annual Report and Public
"Protest" Hearing - Old Town
La Verne Business
lmprovement District
Resolution No.22-23,
Overruling Protests and
Approving the Annual RePort of
the Old Town La Verne
Business lmProvement District
2022-2023
Police Chief Flores recommended approval of Ordinance No.1110, adding chapter 10 (Military Equipment Policy) to Title 9, section 10.04.010 of the La Verne Municipai code governing the use of the Military Equipment by the Police Department. Approved as recommended.
Community Services Director Scherer reported on the annual report and the Public "Protest" Hearing for the Old Town La Verne Business lmprovement District. He stated that following the "protest" hearing, the City Council should receive and file a report of tne OttVBlD prior year activities; consider approval of the proposed OTLVBID 2022-2023 Annual Budget and incorporate it into the ovirail City Budget; and consider approving re-establishment of the District boundaries and assessment formula.
Craig Walters, Chair of the Old Town La Verne Business Improvement District repoltt"O on the past and upcoming events in Old Town La Verne. He stated tnit tne recent wine walk was a huge success. He reported on the struggles and recovery of the owner operated businesses after the pandemic. He also reported their annual budget and two capital lmprovements, Mainiero Square and tree lighting for the rest of Old Town La Verne. He thanked Community Developmlnt D-irector Scherer, Principal Plan ner Bowcock, Admi nistrative Secretary Natalie Hiatt and the Public Works Department for their assistance to ensure the success of the Old Town La Verne events. He stated he saw a bright future for Old Town La Verne.
The city council thanked craig walters, chair of the old Town La Verne Busineis lmprovement District, for his leadership and report' Mayor Hepburn opened the "Protest" Hearing and called for public comment on this matter. There was none.
It was moved by Davis, seconded by crosby and unanimously carried to receive and file a report of the OTLVBID prior year activities; approved the proposeA OTLVBI D' 20 22-2029 An n ual B udget; approved re-establish ment of if,"'Oittri"t boundaries and assessment formula, and adopted Resolution No.22-23, approving the OTLVBID Annual Report'
RESOIUTiON NO. 22.23 - A RESOLUTION OF THE CITY COUNCIL OF THE ffiOUNW OF LOS ANGELES, STATE OF CALIFORNIA,
OVennulrNc pRotESTS AND APPROVING THE ANNUAL REPoRT OF
THE OLD TOWN LA VERNE BUSINESS IMPROVEMENT DISTRICT FOR 2022-2023 PURSUANT TO THE PROVISIONS OF SECTION 36500 ET SEQ.
OT THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA. APProved.
12 Monday, June 6, 2022, City Council Meeting
7 City Council Minutes, Monday, May 16,2022' Page 5
Consideration of Urgency
Ordinances Amending Chapter
13.15 of the La Verne
Municipal Code Relative to
Water Conservation, Use and
Restrictions
Public Works Director lgoe reported on consideration of Urgency ordinance No. 1111, or Ordinance No. 1112, amending Chapter ',l3.15 of the La Verne Municipai Code Relative to Water Conservation, Use and Restrictions He stated ihat on March '18, 2022 the Department of Water Resources (DWR) announced a decrease in the State Water Project (SWP) allocation from 15 oercent to 5 Dercent. On March 28, 2022, Governor Gavin Newsom signed Executive Oider N-7-22 (Executive Orde| proclaiming a State of Emergency aiiois arr tne counties of California. ln response, the Three Valleys Municipal Water District (TVMWD) Board voted lo move to a Water Shortage Coniing"ncy eian lWSie; Level 5 in its SWP constrained areas requiring a restricti-on on outddor wat6ring of no more than one day per week The constrained area of TVMWD includes the cities of Claremont and La Verne' He stated that an update to the City's Water Conservation a-nd Restrictions Ordinance is neceslary to impose water restrictions and enforcement as reouired bv the new m;ndates placed on State Water Project (SWP) "oiiioin"if
areas by Metropolitan Water District (MWD) and it must be put in oLce no tater tnan iune l, )OZZ. He reported that the very high fire hazard lioo"rw ln La Verne and property where La Verne provides water service is i*dmpitro, single day wateiing per week, but they would still be required to ieaucL water usig e Oy ZOVI. The high hazard properties-are identified on the of La Verne Very High Fire Hazard Severity Zone (VHFHS!) maP as established by California Department of Forestry and Fire Protection' Public Works Director lgoe stated that instead of adopting citywide restrictions' staff is proposing two options for Council consideration' ootion 1 - Urqencv Ordinance No. 1111 would provide an exemption to the s[of" oa oei we6k outdoor watering for properties with the high fire hazard zorie, whild still requiring a 20olo reduction in water usage' ootion 2 - Urqencv Ordinance No. 1 112 would provide an exemption to the JI"i"-d", o"i *"6[outdoor watering for properties within the high fire hazard Iniiirii6.iiaoor. *atering to three diys pbr week, while still requiring a 20% reduction.
Mayor Hepburn called for public comment.
There were public comments. (To hear what was said during public comment' pi"""" ri.iiin" city's website to view the archived council meeting') The citv Council discussed the options. They all agreed on Urgency ijiJi*,i"i Ho. 11 11, which would provide an exemption to the single day per we"f oriOooiwatering for propertibs with the high fire hazard zone' while still ieouirino a zoy" reduition in tiater usage. They also agreed that the Urgency tjiinin""" *"t necessary to impose water restrictions and enforc€ment as r.Lorireo ov tne new maniates ilaced on State Water Project (Sl /P) ;;i;i.a;t;; bv Metropoliian water District (MWD)' citv council directed "i"tf
io
"a*it" "nd'help
thi residents to conserve water and direct them to
any rebate Programs.
13 Monday, June 6, 2022, City Council Meeting
City CouncilMinutes, Monday, May 16, 2022,Pa1e6.
It was moved by Davis, seconded by crosby, and unanimo.usly_carried to ,Oopt urg"ncy brdinance No. 1111 amending Section 13.15.040 and Section t g. i S.O+5 of Chapter 1 3.1 5 of the La Verne Municipal Code, which would pioriO" an exemption to the single day per week outdoor watering for bropertie. with the high fire hazard zone, while still requiring a20o/o reduction in water usage.
Urgency Ordinance No. 11 11,
Amending Sections 1 3. 1 5.040
and 13,15.043 of ChaPter '13.15
of the La Verne MuniciPal Code
Relative to Water Conservation,
Use, and Restrictions
- AN URGENCY ORDINANCE OF THE CITY
CIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGES, STATE OF CALIFORNIA, AMENDING SECTIONS 13.15.040 AND 13.15.043 0F CHAPTER 13,15 OF THE LAVERNE MUNI CIPAL CODE RELATIVE TO WATER CONSERVATION, USE AND RESTRICTIONS.
8. 2022-23 ComPrehensive Fee
Schedule.
9. Public Comment
Resolution No.22-24,
Amending Resolution No. 21-
25, Relative to Certain Fees and
Polices for Services
City Manager Russi reported on the 2.022-23 Comprehensive Fee Schedule' ie'stiteO [nat tfre City;s comprehensive fee schedule is reviewed each year in conjunction with the annual budget process. Adjustments are.recommended to ,6neli cnanges in the cost of
-City services in accordance with State and
local laws. Cit! Manager Russi reforted on the changes in the cost of City rl*i.". as tisfed in tn'e staff Report dated May 16,2022. H-e recommended if,"t tnJCitV approve Resolution N o.22-24, which provides for the adjustments tothe2O22-2i bomprehensive Fee Schedule. He also reported that the fee schedule would be returned to council for additional adjustments later this month once the annualagreements are approved'
Mayor Hepburn opened the public hearing and called for public comment.
There was none.
It was moved by Davis, seconded by Lau, and unanimously carried to approve ii'," ,poii". to ine city's Comprehensive Fee Schedule as set forth in nesotution No. 22-2a. All fee schedule changes are scheduled to become effective JulY 1,2022.
Resotution No. 22-24 - A RESO!UT|_O_]{ OF THE CITY COUNCIL OF ffiE, couNw oF Los ANGELES, srATE oF
CAr.rrONUrA, AMENDING RESOLUTIONS NO. 21- 25, RELATIVE TO
CENTNIN FEES AND POLICIES FOR SERVICES PROVIDED BY THE
CITY OF LAVERNE.
This was the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda'
Mayor Hepburn called for public comment'
There were public comments at the meeting. (To hear what was said during prUii. comnient, please visit the City's webiite to view the archived Council meeting.)
city Manager Russi responded to a question asked during public comment' 14 Monday, June 6, 2022, City Council Meeting
10. CouncilComments
Adjournmentg:16p.m.,toMonday,June6,2022,at4:30p.m.,forapresentationof lhe2022-23Budgettocity Council by DePartment Heads.
RespectfullY submitted,
11. City Council Minutes, Monday, May 16, 2022, PageT ' Lupe Gaeta Estrella, CMC
Assistant CitY Clerk
Council Member Carder reported on the La Verne Day at the Fair' She spoke of her visit with her daughter where they visited the Lincoln Monument in Washington D.C. She siated that upon reading the inscription.that "A House OiviOeO-witt not Stand", it reminded her of La Verne and how the City is like a family. she stated that the city has great Police and Fire chiefs, and Oepahment heads. She also dsked ior an update on how dispatching with LA County is working.
City Manager Russi reported he would coordinate with Fire Chief and come back with an uPdate.
council Member crosby stated he really appreciated the VFW Band of Brothers Post 12304 bringing the "Chaii of Hono/' to La Verne to honor and remember the missing American service members'
Council Member Lau announced that the Los Angeles County Fair is back' 5n" ,eported on the National Peace Officer Memorial month and Police officer week. bhe stated that it's coming close to end of the school year with school events like the prom and graduations going on. She reported that there is a tinf on the Cityb website ior residents who wished to view the City's Candidate's Form held on May 12,2022.
Mayor Pro Tem Davis stated he missed La Verne Day at the Fair and the Wine Wiff Ou" to family commitments. He reported on the Pomona Valley riansportation Authority meeting. ln additional, he spoke-aboutparticipating in a Candidate Forums hdsted by Fillcrest Homes and the City of La Verne' He itit"O that the Candidate's forum can be viewed on YouTube and that a link i.; ihg City's website or it can be watched on the Community Access Channel 3 for those who subscribe to Spectrum cable'
Mayor Hepburn spoke about it being Military {PP.reciation Month and he tnaireo iouncil Member Carder foi oringing forth the request by the La Verne VfW AanO of Brothers Post 12034 to plaieL "Chair of Honor" in the Council La Verne Chambers which is a tribute to the City. He reported on the Teacher oi V"r,. event and Aonita High School Girls Softball making the CIF Finals' He thanked the residents who a--ttended the City's Candidate's. Forum on May 12' )ozi. i"spoke about the success of the Wine Walk and thanked Community O"r"foprdnt Director Scherer and staff for their work in assisting Old Town I" V"rn" Business District on the event. He thanked everyone for attending the Council meeting.
15 Monday, June 6, 2022, City Council Meeting
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16 Monday, June 6, 2022, City Council Meeting
il o o
CITY OF LAVERNE
Public Works DePartment
FROM:
SUBJECT:
June6,2022
Honorable MaYor and CitY Council
Shawn lgoe, Director of Public Works
Senate Bill 't Project List for Fiscal Yeat 2022123
ln April 2017, Governor Brown signed i{o l. y S-elgl1 B.il 1 (SB1)' also refened to as it" ilo"J n"p"ir and Accountabititi Act (RRAA) of.21.1.7: S.Bl provides for increased gas i"i"" *a rqiiitration fees, which ire tobe deposited into the State's Road Maintenance anJheniuiriation Account tnfvrnnl. RMRA funds are apportioned lo locl ?gen:r::
"."r'
y"rr for basic road maintenance, rehabilitation, and other safety pro1ects uE'l "[o ,6qrir". each eligible
"gin.y
to submit a project.list to California Transportation
C;riJil; (CTC) in 6rder t6 redive these funds. La Verne's allocation for fiscal year 2022t23 is estimated at $754'000.
I]
staff recommends that the city council approve Resolution No. 22-25, approving the proposed SB1 pro,ect list for fiscal year 2022123'
TI
SenateBilll(SB1),RoadRepairandAccountabilityAct(RRAA)of20,17(Chapter5, St"iri". "f
ZOiZ) wis passea-6y legislature and signid into law by the Governor in.April ioiii i; "oAr".d
significant ,iti,ioO"r transportition funding shortfalls statewide' ln f.f"r"ri"i ZOiA, Piposition 6-r.i.rUritt"O to the voters in an effort to repeal-SB1' The measure failed with app.ri.rt"ty 57% voting against it and 43o/o voting in favor.
SBI increases several taxes' ina fl"s to raise over $5 billion annually in new ir*.plrrt"t6" *venues. Moreover, SBI makes adjustments for inflation every year so il;i ;ffi;;id power ot ,"r"nr". does not dimiriish as it has historically with some other revenue sources.
SBlemphasizestheimportanceofaccountabilityandtransparencyin.deliveryof california Transportation prog;.i. tn"r"for", in order to be eligible for. RMRA funding, ;;;d ;;qrir;a'cities and .drnti". to provide basic annual RMRA project reporting to ii;' ;if;;i; Transportation
'Co.rnitiion (cTc) bv Julv 1 of each vear' staff is-
ilipJiiJ'iJ ai*.i ibov" "t baiir.dirs r"iRscit y6ar 2o22t23 to the rehabilitation of o
17 Monday, June 6, 2022, City Council Meeting
Hayes Drive, Price Drive, Columbia Drive, Sycamore Drive, College Lane' Kendall Stre;i, Wenwood Street, Bayberry Court, Hanawalt Street and King Street' ln Fy 2O21l22La Verne's portion was $570,000 and directed toward the rehabilitation of ;tt'; 6,i ;.;'Streets-trom C to D Street and C Street from Bonita Avenue to the northern terminus, as well as peyton noad from D street to the western cul de sac, Durward way from D street to white Ar"nr" and Dover way from D Street to west to cul de sac' The OiO op"ning for this proj".i *rt on October lSi, ZOZI with a Notice of Completion issued on April 21,2022.
FISCAL
ln addition to submitting a project list to the california Transportation commission (cTC)' SB 1 guidelines requiritnit ail proposed projects be included within an agency's budget' Therefore, staff is recommending tndt tf,e City Council approve the full SB1 appropriation within the FY 2O22t g Capital lmprove.ment Budget in the amount of $754,000 to be used for the rehabilitation of streets bounded by Hayes D.rive to the north, columbia Drive and wenwood Street to the east, Hanawalt street and King street to the south.
City Council, re: SB1 Project List
June 6,2022
Page2 ot 2
RespectivelY Submitted,
Clay Jarvinen
Maintenance Manager
18 Monday, June 6, 2022, City Council Meeting
RESOLUTION NO.22-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE' COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A PROJECT LIST AS REQUIRED BY SENATE BILL l: THE ROAD REPAIR AND ACCOUNTABILITY ACT WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Ad ol 2017 (chapter 5, Statutes ol2017) was passed by the Legislature and signed into law by the Governor in April2017 in order to address the significant multi-modal hansportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the city must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by sB 1, in the city budget' which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the city, will receive an estimated $754,000 in RMRA funding in Fiscal Year 2022-23lrom SB 1;and
WHEREAS, the City maintains a Pavement Management System to determine road maintenance priorities and to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community's priorities for transportation investment;
NOW, THE
FOLLOWS:
REFORE, THE LA VERNE CITY COUNCIL DOES HEREBY RESOLVE AS Hayes, King street et al Grind overlay street Rehabilitation: Project limits shall be the entire ,o"i*"y *idtn d Hayes Drive, Price Drive, Columbia Drive, Sycamore Drive, Collage Lane' Kendall street, wenwood street, Bayberry court, Hanawalt street and King street.
The budget for fiscal year 2022-23 shall incorporate the following list of projects planned to be funded with Road Maintenance and Rehabil itation Account revenues:
The projec{ will extend the useful life of the roadway in a satisfac'tory or better condition for up to 15 years. Project construction is expected to commence during the spring of 2023.
Section 2.
request:
The budget for fi scal year 2022-23 shall incorporate the following budget 19 Monday, June 6, 2022, City Council Meeting
CERTIFICATION
l, Lupe Gaeta Estrella, Assistant city clerk of the city of La Verne, DO HEREBY CERTIFY that n"rJ|ution r...ro. ag:;zs w"i orrv p"s.Ld and adopted by t!e_ said City council at a regular mleting of the said Councif n6fO on the 6th day of June, 2022by the following vote:
a. Use of Senate Bill 1 Gas Tax funds in the amount of $754,000 for use on the herein identified Project.
Section 3. That the Mayor shall sign and the Assistant City Clerk shall attest to the passagiliG6ition of this Resolution, which authorities shall be in full force and effect throughout the declaration described herein.
pASSED, APPROVED AND ADOPTED this 6th day of June, 2022.
Tim Hepburn, MaYor
ATTEST:
Lupe Gaeta Estrella, Assistant CitY Clerk
AYES:
NOES:
ABSENT:
ABSTAIN:
Lupe Gaeta Estrella, Assistant CitY Clerk
2 Resolution No.20-25
20 Monday, June 6, 2022, City Council Meeting
Agenda Report
CITY OF LA VERNE
City Engineer
DATE:
FROM
SUBJECT:
TO
June 6,2022
Honorable Mayor and CitY Council
Cody A. Howing, CitY Engineer
Final Tract Map Approval; Tentative Tract No. 83353 (3717 Fruit Street) AGENDA SUMMARY:
On September Zg, 2021 the Planning Commission approved Tentative Tract Map No. g33S3 for b0 units of three story intellocking townhomes (Brandywine Homes) located north east of the intersection of Foothill Blvd. and Fruit St. at3717 Fruit Street. The Final Tract Map has been submitted for approval, allowing for the subdivision of a signal parcel with an approximate area of 2.25 acres.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No.22-26, approving the Final Tract Map No. g3353 for a 50 unit three story interlocking townhome proje_ct and direct staff to sign the map as to its conformance with the Subdivision Map Act, Specific Plan (63-20SPA) and General Plan Amendment (122-20GPA)'
BACK ND:
This 2.25 acre site at 3717 Fruit Street, located north east of the intersection at Foothill Blvd. and Fruit st. The site is currenfly vacant and was formerly a family operated nursery. Development of this project has been linked with the eight unit project located.at 1g74 Walnut St. as a component to provide affordable housing. The final map for the 1gT4 Walnut St. project was approved on March 21, 2022 and currently in the grading phase of construction.
The 3717 Fruit st. project is bounded by apartments to the east, a commercial center to the south and Lutherrn nign School to ine'north. Across Fruit St. to the site, is a mobile home park.
on September zgth, 2021the planning Commission approved the Tentative Tract Map, Conditional Use permit and AffordablJHousing Agreement for the project. on that date tne ptanning Commission also recommend tor approval the related Specific Plan, and General Ptan Amendments for the project at3717 Fruit st. 21 Monday, June 6, 2022, City Council Meeting
On October 18, 2021 the City Council approved the Tentative Tract Map, Affordable Housing Agreement, condit'ronal Use Permit, specific Plan, and General Plan Amendment for this Project.
per C1y policy, grading and the first phase of construction for a residential development, cannot begin unless -the subdivision map has recorded along with the posting of improvement bonds.
Agenda Report- Final Tract Map Approval; Tentative Tract No. 83353 (3717 Fruit Street) Page2
Attachments: City Council Resolution No. 22-26
Subdivision Agreement
Performance Bond
Labor and Materials Bond
Monumentation Bond
Tract Map
22 Monday, June 6, 2022, City Council Meeting
A RESOLUTION OF THE CITY
RESOLUTION 22-26
COUNCIL OF THE CITY OF LA VERNE' COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA' APPROVING THE FINAL MAP FOR TRACT 83353, A REQUEST BY BRANDYWINE HOM ES, TO SUBDIVIDE ONE PARCEL WITH AREA OF 2.25 ACRES AT 3717 FRUIT STREET INTO A 50 UNIT, THREE STORY
INTERLOCKING TOWNHOME SUBDIVISION
WHEREAS, Tentative Tract MaP 83353 was approved by the Planning Commission with the adoption of Resolution No. 1278 on September 28,2021', and WHEREAS, the Final Map has been PrePa red in accordance with the requirements of theSbdjylsier'MapAd and the La Verne Subdivision Ordinance; and WHEREAS conditions to be fulfilled prior to map recordation are being met and will be completed Prior to recordation and the City Engineer has checked the final map for conformance with the approved Tentative Tract MaP, and the City SurveYor checked the final map to confirm that it is technically correct;
Now,THEREFoRE,BElTRESoLVEDbytheCityCounciloftheCityofLaVerne as follows:
section {. ln connection with Final Tract Map No. 83353, the city council of the City otfiffiiin accordance with Government dode Sections 66473'5 and 66474, iihiav FTNDS AND DETEiMINES that Finat rract Map 83353 is consistent with i;;i;tir" fr4ap ee3Se, which:rs ionsistent with the requirements of the La Verne Zoning and Subdivision Ordinances and as follows:
l.ThattheproposedmapisconsistentwiththeGeneralPlanAmendmenl(122- 2OGPA) and Specific Plan Case No' 63-20SPA'
2,ThatthedesignorimprovementofthesubdivisionisconsistentwiththeGeneralpi"n of in" ciiv of La Verne and Specific Plan Case No' 63-20SPA'
3. That the final map meets the requirements of the zoning ordinance'
4. That the site is physically suitable for development'
5.Thatthedesignofthesubdivisionandtheproposedimprovementsarenot.likelyto cause substantial eilir;;;;ial damage or substantially and avoidably injure fish or wildlife or their habitat.
6. That the design of the subdivision or type of improvements is not likely to cause serious Public health Problems'
T.Thatthedesignofthesubdivisionortypeofimprovementswillnotconflictwith easements acquired uV prUfii
"t
large, foi access ihrough or use of' property within
the ProPosed subdivision.
23 Monday, June 6, 2022, City Council Meeting
g. Discharge of wastes from the subdivision will not result in the violation of existing requirements as prescribed by california Regional water Quality control Board.
9. The subject property is not land subject to contract pursuant to the califomia Land Conservation Act.
,10. That the final map will be recorded after the city Attorney, City Engineer, and community Development Director reviews and approves the covenants, codes, and Restrictions for the Project.
That the City of La Verne HEREBY APPROVES the Final Map for Tract 83353 subject to the posting of all standard bonds and/or cash deposits and inspection fees in amounts stiPulated.
Section 2,
section 3. That the city council accepts easements for public utility purposes as shown on Final Tract MaP No. 83353.
section 4, That the Mayor shall sign and the Assistant city clerk shall certify to the p"r.agffid-"doption of this Resolution and thereupon the same shall take effect and be in force.
APPROVED AND ADOPTED this 6rH day of J une, 2022'
AfiEST:
Lupe Gaeta Estrella, Assistant City Clerk
Tim Hepburn, MaYor
l, Lupe Gaeta Estrella, Assistant City Clerk of the City of.La Verne' DO HEREBY CERTIFY iiraihlsorrtion No. 22-26 was autv passed and aiopleg bv the said City Council at a iiiirr"ir*ii.s oiirre saia councit heio on the 6th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lupe Gaeta Estrella, Assistant CitY Clerk
24 Monday, June 6, 2022, City Council Meeting
SI.JBDIVISION AGREEMENT
TIflS AGREEMENT is made this
-
daY of
betwcen LaVeme S8.LLC"aDclqware,,limitedliabilitylopoqJ =,,='catea ure sUBDIVIDER anA ttre ciry of the city of La veme, a california corporation, hereinaftcr called CITY.
_ by and
hereinafter
municipal
SUBDIVIDER has presented to CITY for approval a final subdivision map (hereinafter called "IvIAP") for Tract No. 83353 . The map has becn filed with the City Clerk of CITY for prcsentation to ttre City-Couniil. SUBDIVIDER has rcquested approval of the map.
Ther€fore, in consideration ofthe approval ofthc lvlap and ofthe ,rcccptancc ofthe dedications thcrcin offcred, CITY and SUBDMER agrecg as follow:
l, Performance of work SITBDIVDER, pursrEnt to the provisions of the Subdivision lvlap Act of tti Stat" of Catifornia and the Ordinance Code of thc City of La Vcrne, hercby agrees at SUSUMIDER's own cost and er(pclnc, to $nis! all labor, material and equipment necessary to pcrform and complcte, within onc year of the date of this Agrccmcn{ in u goba *a worlonanlike mam€r, all improvements in connection with said Tract according to thJ phns and profilcs filcd in the officc of and approvcd by the City E-nginccr_of La Vcrnc and according to thc standards, spccifications, and applicable ordinances ofsaid CITY. Said plans' profiles, itandards and specifications are hereby by this referencc made a part ofthis Agreement. el wo* shall be done to the satisfaction of the City Engineer. At least fifteen (15) calendar days before the commencement of work hereunder, SLJBDMDER shall notify City Engineer in writing of thc darc work is to commcnce, so the City Engineer shall be ablc to provide services of inspection.
Z. Contract Securitv. It is fuither agrecd ttrat SUBDIVIDER has filed a good and sufficicnt bond or posted cash with CITY in the amount of One Million- Three Huqdred si-rv-nne Thorrsand, Five HIndmd Ninety-Fight & nor{@ttu* -($-f-AqfSS&OO----J to
@ance of this Alreement; and SLIBDMDER has filed a good and iufficient bond or posted cash with CITY as security for the payment of all persons performing labor and fumishing materials in connection with this Agreement
3. Timo of Essencc-Exrcnsion. Time is of thc csscncc of this Agreement. Provide4 if good
"orse ir stro*n, O" City Council may extend thc time for complctionr of the impiovements hereunder. This o(t€nsion may be granted without notice to the SUBDIVIDER's surety, and extension so granted shall not relieve the surety's liability on the bonds attached trereto fne City Councilihall be the sole and final judge as to whether or not good carse has becn shown.
4. Breach ofAgreemsnt: Performance bJ surpty or gity. If SLJBDIVIDER refuses or fails to pn .ec"rc Ur" **t , or any scvcrablc part of it, with such diligcncc as will iruurc its completion within the time specified or if the STJBDMDER should be adjudeed a bankrupt or make a gcncral assignmcnt fLr the bcnefit of SLJBDIVIDER's creditort, or if a recciver should be appointed in thi cvent of SLIBDIVIDER's insolvency, or if SIIBDMDER or any of SUBDMDER'9 oontractors, subcontractors, agents or ernployees should violate any of thc provisions of this Agrecm€nt, City Engineer or City Council may _scrve writtcn notice upon 'SUSDnIOER and his sureties oi breach of this Agreemenl or of any portion thcreofi, and defaultof SUBDMDER-
In the evcnt ofany such notice, lhe surety or sureties shall havc ttrc right to take over and complcte thc work, p-vid"d rhat if the sur€ty or sureties do not commcnce performance within t n ttO) days fotlowing written notice ftom CITY, the CITY may complete thc urork by any ;; it may decrn advisable at the expense of the SUBDMDER and surety or sureties, and in such event, CITY, without liability for so doing, may take possession of ard utilize in complcting said work such materials, equipmcnt, and other property belonging to SUBDMDER as may bc on thc sitc of work and neccssary thereforc.
p:\- clicnts\la vcmc\-fmu\200Grubdiviriougrot doc
25 Monday, June 6, 2022, City Council Meeting
. Telephonc number is 949657-7265 , emergcncy night
@SUBDIVIDER stra[ affi-iiilEiEffitain proper acititics, and provide safe acccss for inspection by CITY, to all parts of the worlg and to the shops wherein such work is in preparation. SLJBDIVIDER shall, at SITBDwIDER's ercpense, obtain all necessary permits and licenscs for the construction of thc improvemcnts, give all nec€lsary notices, and pay all fecs and taxes requircd by law.
6. Rcnairs andRcolaccmcnts. Subdivider shall replace or have rcplaccd, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map whictr have bcen desboyed or damaged, and SUBDIVIDER shall replace or havc replaced rcpair, or havc rcpaired, as the case may be, or pay to the owner, thc entire cost ofreplacement or repairs, ofany and all property damaged or destroyed by reason of any work done hercunder, whether such Foperty be owned by the Unitcd Statcs or any. agency thereo{, of the State of Califomi4 or any 4gency or political subdivision thcreo{, or by any CITY or by any public or privato corporation, oi ty any person whosoever, or by any combination of such owne6. Any such rcpair or replacemcnt shall be fo the satisfrotion, and subject to the approval, of the City Engincer.
7. UtilirvDqposits-Stat€ment SLIBDMDER shall file with the City Clerk, prior to the commenccmcnt of any work to be performed within the area delineated on thc map, a written statement signed by SUBDMDER" and each public utility corporation involvcd, o the effect that SLJBDMDER has made all dcposits legally required by such public utility corporation for tfie connection ofany and all public utilities to be supplicd by such public utility corporation within the suMivision. In lieu of the writen statement hoein refened to, St BDMDER, may carlsc the Faithfirl Performance Bond submitted with this Subdivision Improvement Agreemcnt to include an amormt equal O deposits required by thc utility companies.
8. EvidenceofCashPavment.
A. SUBDMDER shall provide evidence from Los Angeles County Sanitation District No. _ll_ indicating payment to said Distric! for Sanitary Sewer Service to said Tract.
B. Street lights will bc required to the satisfaction of the CITY. SLJBDIVIDER shalt contact the Southern Califomia Edison Company regrdhg locations and fccs for thesc street lights. SUBDMDER shall tumish CITY with proof Aom the Sou[rem CatifomiaEdison Company that these fees have been paid.
g. Permits.FecsandChares-ComplianceWith[,aw. SIjBDMDER shalt, at STIBDIVIDER\ o<pense, obtain all neccssary petmits and licenscs for thc construction of such improvements, give all necessary notices and pay all fecs and taxes required by law.
10. Hold-Ha{m.lessAeregment. SIJBDMDER hcreby agrecs to, and shall, hold CITY, its ctecUvc anaippoi"tivc boards, commissions, officers, 4gents and employees, harmless from any liability for damage or claims for damagc for personal injlgtiffidlg death, as well as fromtlaims for property damage which may arise from SUBDMDER's or SLIBDIVIDER'g contractors', subconfactorS', agcnts' Or emplOyeeS' opcrations under tlis Agreement, Whettrer such operatiors be by SLJBDIVIDER or by any of SUBDfVIDER's contactors, subcontractors, or by any onc or mofc pcrson dircctly or indirectly employed Uy, or_39!18 as agent for, SUSbIvbBn or any of SUBDIVIDER's contractors or subcontractors. SLIBDIVIDER agrees to, and shall dcfond aITY and its elective and appointive boards, mmmissions, officers, agents and employces fiom any suits or actions at law or in cquity for damages ca_used, or alleged to have been taused, by reason ofany ofthe aforesaid operations; provided as follows:
A. That GITY docs not, and shall not, waive any rights apinst SUBDIVIDER' which it may havc by rcason of the aforesaid Hold-Harmless Agrerment because of thc acceptance ty Ofy, Lr thc deposit with CITY by SUBDIVIDER, of any of the insurance policies described in paragraph 14 hereof.
P:F ClimtsUs VmcLFom\2000SubdivisionAsrfl tt dm
26 Monday, June 6, 2022, City Council Meeting
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61 B. That thc afor.csaid Hold-Harmless Agreement by SUBDIVIDER shall apply to all darnages and claims for damages ofevery kind suffered, or alleged to have-been suffered, by ,"ason of ^y of the atbrcsaid operations rcferrei to in this paragraph, rcgardless of whcthcr or not City hae prepare( supplied, or approved ofplans and or spccifications for tle subdivision, or regardless ofwhcttreror nLt such insurance policies shall have been detcrmincd to bc applicable to any of such damagcs or claims for damages'
I L SUBDIVIDER's Insurance, SIEDMDER shatl not commence work under this Agreement u"ffipfVtppn *r.tl have obtaincd all insurance required under this paragraph no:r shall SUBDMDER allow any contractor or subcontractor to commencc work on his contract or subcontract until all simiiar insurancc requircd ofthe contractor or subcontactor shall have been so obtaincd. AII requirernents hcrcin providcd shall appcar cithcr in thc body ofthe insurance poticies or as endorsements and shall specifically bind the insurance carrier' A. Compensation Insurance. ST BDMDER shall maintairq during the lifc of this Agreemen! Wotk"t', Corptns"tion Insurance for all SUBDIVIDER's employees cmployed at thi site of improvement and in casc any work is zublct, SUBDIVIDER shall require any contactor or iuboontactor similarly to provide Worker's Compensation Insurance for all contract6r's or subcontractor's crnplOyccs, UnleSs such cmployees are covered by the prorcction atrortted by SLIBDMDER. In
-case
any class of cmployccs Aepcq 11 work undcr this
egr.*r*f ut the sitc of thc projeot is not protected under any Worker's Compcnsation law, ifhplVfOpn shall provide, -a rlall cause each contractor and subcontractor to provide, adequatc insurance for the prorcction of employees not otherwisc PPEtcd'-- SLJBDMDER t"r"'UV ina**ifics CIIY foi any damage rcsulting to it from failure of cithcr SLJBDIVIDER or any contractor or subcontractor !o takc out or maintain such insurance.
B. Pubtic Liabilitv and Pronery* Damaee InsurancF. SITBDMDER shall takc out and m"intain-Iiffiffi-iifi of t},i. Aer"ern"nt such public liability and propcrty damage insurance and shall insure CITY, its elective and appointive boards, comrnission officas, agcnts and employees, SUBDMDER and any conEactor or subconfiactor pcrforming work covered by nir ad'""ir"ni tom claims for damages for penonal iqiury, including death, as wcll as claims for piopcrty damage which may arise from SUBDwIDER's or any contactor's or subconf;tor's opoitio* hereunder, whether such operations bo b1 SLIBfIVIDER or any contractor or subcontractor, or by anyone directly or indircctly employed by cither SUBDMDER or any contractor or subcontactor, and thc amounts of such insurance shall be as follows:
L Publicliabiliqvlnsurance. In an amount not lcss than $1,000,000.00 for @ fimited to, death, to any one pcrson and, subjcctto
the same limit foi each pcrson, in an amount not less than $2,0fi),000.00 on account ofanY one occunenco;
2. Lronertv Damage Insurance. In an amount of not less than $1,0fi)'000.00 for da-ag"tot',cP'opcrtyofcachpersononaccountofanyoneocculTencc.
12. Evidencc of Insurancg. SUBDMDER shall furnish CITY conourrcntly with thc cxccution t
"r6f, *itt ruGE tof evidcnce of the insurancc require, and cvidence that eacS .*io ir requirj to give CITY atieast tcn (10) days prior noticc of the canccllation or reduction in coverage of any poticy dr.ring the effective period of this Agreement'
13. Warrailv and Aerecrnent to Repair or Rcconstruction of Dsfcctiye Work' I4 wirti, a p"ri@ptarrce of the work performed, undcr this Agrccme0t, any stnrcnrc oipart of any-strucnr_rc fimished or installed or constructed or caused tJbe instalied or constructed by SLIBDMDE& or any of the work done under this Agreement' am to n fnU any of the rcquirernents of this Agrccmcnt or the spccifications to hcreirL or is dcfective or was made with defective materials, SUBDIVIDER shall without delay and ,ritt oot a(ry cost to CITY, rcpaif or replacc or reconstruct any defective or otherwise unsatisfactory part or parts oithowork or structurc. Should SUBDIVIDER fail to act promptly ;; ";.d;;
witl- this requiremcn! or should thc exigenoies of the case rcquire repairs or ;;pi;;il; be madc uefoie susoivlDEn can bc notified, SITY mav, at its option, makc the necessary repairs or replacements or perform the necessary work and SLJBDIVIDER shall P:\- Cli6tr\h vme\-Foruuom\SubdiviriooAgmt dc
27 Monday, June 6, 2022, City Council Meeting
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56 pay to CITY the actual cost of such repairs plus lifteen pcrcent (15%o\ for administrative ovcrhead o(pense.
14. &rymcntofcostsandAttornevs'Fees. SUBDryIDER agrEes to pay and dischargc
"U
6*oble cotts, "tto*"ys'
fees, and expcnscs, thal shall be made or incuned by
the CITY in urforcing the provisions of this Agrecment, and such costs, fees and expenses may bc to(ed as costs in any-suit or proccedings that may bc brought to enforce any of such provisiolul.
15- Notices. All notices herein rcquired shall be in writing, and delivered in person or sent by certified mail, post4ge prepaid.
Notice required to be given o CITY shall be addressed as follows:
LaVeme City Hall
3660'D'Strcct
La Verne, Califomia 9t 750
Notice required to be given to
addrcssed an follows: l6Ann A.l^n lruina CA 9?608
I a Varne 58 LLC and shall be
nrn
Notice rcquircd to bc givcn surety of
lllanrra
Atlantic Specialty lnsurance Companv
shall b€ addrcssed alt follows:
,a ', E itt6t Qrrra?hll I atrioilla KY
provided that any party or the surety may change such address by notice in writing to the othcr party and thcrcaftcr noticcs shall be addresscd and transmitted to tJre new address' Dated this
-
daY of .. '
CITYOFLAVERNE
Attest:
City Clcrk
(To bc notarizrd and scalcd)
Mayor
La Veme 58, LLC, a Delaware
limited liability company
P:! Cliot\Ir Vm\-Fsnr:\2000\SubdivirimAg;nmt'dc
28 Monday, June 6, 2022, City Council Meeting
notary public or
certificate verifies only the identity of the individual who signed the document to which th ls certificate ts
attached, and not the truthfulness' accuracy, or
of
State of California
County of
gn MaY 3,2022 before me, Sandra L. Zundell, Notary Public (insert name and title of the officer)
personally apPeared David Barisic
who proved to me on the basis of satisfactory evidence to be the name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in h is/her/their authorized capacity(ies)' and that by hidher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under pENALTY OF PERJURY under the Iaws of the state of califomia that the foregoing paragraph is true and e,orrect.
WITNESS my hand and officialseal.
ffi
SAIIORAL. ZUNDELL
Notrry Publlc . Crllforn[
orange County
Commission # 2278935
l,ty Comm. Erpirer l,trr 26, 2023
(Seal)
29 Monday, June 6, 2022, City Council Meeting
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Bond Number:800136510
CITYOFLAVERNE
SUBDIVISION LABOR AND MATERJAL BOND
WHEREAS, City Council of the City of La Veme, State of Califomia, and Vernc limited
as "PRINCIPAL an Agreement
PRINCIPAL to install and complete certain
'Agreement,
agre€s
dated
No. 83353 ls
PRINCIPAL: La Veme 58, LLC, a Delaware limited
(Tvpe
It is hereby expressly sripulated and agreed that this bond shalt inure to the benefit of any and all persons, companics'and corporationsintitled to file claims under Title 15 (commencing witr Section SfiSZ) of part 4 of Division 3 of the Civil Code, so as lo give a right to action to them or their assigns in any suit brought upon this Bond' In witness whereof, this instrument has been duly executed by the PRINCIPAL and surety above names on APril 25 , 20 zz
shoutd the condition of this Bond be futly performed, then this obligation shall bccome null and void, othcrwisc it shall bc and remain in fult force and cffcct' The surety hereby stipulates and a$ees that no changc, cxtension of time, alteration or addition to the terms of said'Agreement, or the specifications accompanying the same shall in ;t ;;";. affcct its obligatiois on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.
a
WHEREAS, under the terms of said Agreement, PRINCIPAL is requ-ired beforc entering upon the p".fo*-"r of the wort<, to file a goodand sufficient payment bond with the City of La Vemc to'secure the claims to which reference is made in Title 15 (commencing with Section 3082) ofPart 4 ofDivision 3 of the civil code of the State of califomia; Now, therefore, said PRINCIPAL and the undersigned as coryorate sure{y, afe held firmly bound unto the City of La Vemc, and all contractors, subcontractors, laborers, materialmen and other p"iro"r emptoycd in thc performance of aforeslld Agreement and t:fTl.q to in aforesaid Civil Code in the sum of o dollars
(q t,rot,sgg.oo __ ) for?aterials furnistred or labor thereon of any kind, or for amounts d.iffiInsuranceActwithrespecttosuchworkorlabor,thatsaidsurety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suii is'brought upon this Bond, will p"y, in addition to the face arnount thereof, costs and reasonaUle l*p"n rt and fees, including reasonable attomey's fees, incurcd by City in ru".".rfrffy enforcing such obllgation, to bc awarded and fixed by the court, and to bc taxed as costs and to be included in thejudgement therein rendered' By:
Signature
(TypeNamc and Title)
Brook T. Smith, Atbmcy-iFFact
@
Atlantlc Specialty lnsurancc Company
SURETY:
p:\- ali.nrt\la vmc\-fornc\2moUvlbnmrlbndwln'dc
30 Monday, June 6, 2022, City Council Meeting
ACKNOWLEDGMENT
State of KentuckY
JeffersonCounty of
q^ A1ril25,2022 before me, Susan Ritter, Notary Public
(insert name and title of the officer)
personally appeared Brook T. Smith
who proved to me on the basis of satisfactory evidence to be the name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certiff under PENALTY OF PERJURY underthe laws of the paragraph is true and conect'
WTNESS my hand and officialseal.
Signature 7t?4u (Seal)
A notary or officer this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document.
fifrriffil
31 Monday, June 6, 2022, City Council Meeting
fi -.
$rm,Muetr mf, &rts}rmey'
KNoWALLMENBYTHESEPRESENTS,rttatATLANflcSPEGIALTYINSURANCECOMPANY,aNewYorkcorporationrrithis principalofficeinPlymouth' Minnesot4 does herrby constitgre and appoinu Brook T, Smitlr, James T. Smith, Raymond lt[- Ilundley, Jason D. Cmmwell Jamcs IL Mardn, Deborah S' Neichter, Michele D. Lacrosse, eactrinairiaoaty it Urere be more than one named, ie me and lawful Auorney-in-Fact, lo make, execute, seal and deliver, for atrd on iB rhe netue thercof io pursuance oI-tlrese prrsents, shall be as binding upon said company as if they had been fully srgnedty an luthorized oflicer of the company and sealed widrthecompany6eal. ThispoweroffutomeyismadeanderecuiedbyauthorityofttrefotlowingresolutiomadoptedbytheBoardof DirtctorsofATLANncSPBCIALTy INSITRANCE COMPANY on the twenty-fi:fth day of September, 2012:
Resolved: That the pEsldmL any senior Mcr president or vice-President (each an "Authorized officet'') may execute for ard io behalf of the compTy qy and all bonds, rccognizances, contsacts of indemrity, andall-otherrriungs obliatory in the natur thereof, and affix ttre seal of tbe Company thercto; and that the Authorized Officerrry'app"f"i -a authorize an etortcy-in-Fact tiexecu;. on b"hau of tbe Company any and all sudr instnrmens and to affix the Company seal thetto; aod that the Authorized officer mayat any ti-rne rernoveany such Attomey-ir-Fact and revoke allpower and authority given o any such Anomey-in- Fact.
Resolved: Thar fie Asomey-in-Fact may be glven full power and authodry to exectte for and in ihe name and on behalf of the company any and all bm&, rccognizarces, contracs of indemnity, and aI otrrer;[ngs obligaoryin lhe-nature thereo( aadany such itrstrument exeQrtedby any suchAtomey-in-Fact shall be as binding uponir,. c"rp*i* r'rsigned and seJJuf an aritt o.izea offi.cer.and, further, the Attomey-in-Fact is hereby au0rorized to verify any affidavit *qrir"a t # iractred to bonds, rccognizances, contacts;f indemnity, ard all other writings obligatory in the nature thereof' This power of afromey is signed and sealed by facsimih under tlre_aurhority of the follovdng Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY NSL,RANCE COI\4PANY on the tnenty-fif0r day of septeEber, 2012:
. Resolved: ThatthesignatureofanAuthmizedofficer,thesignau[eoftheSecretaryortheAssistants€cEtary,andtheCompanysealmaybeafExedby facsimile to any powen of attomey or to any .difi;.;r.dd therrto appointlng ari Attorney-in-Faa-for purposes only of executing and seallng any bond underraking rrcognizance or other written ouugarion h tte natun thenoi, and any such sig;tury and seal yheS so used, beiry helcby adopted by the compaly as the origh.at sigr[ture of such officer ana tte ortgioJseal oi[. corrp*v, to ui vaia aia uinaing upon the company with the same force and effecr as rhough manuaUY affixed'
IN WITNESS WHEREOq ATLATITIC SPECIALTY INSURANCE COMPAIIY has caused these prtsents o be signed by an Authorized ol0cer and the seal of the company to be affixed this twenty-seventh day oI APril, 2020'
By
STAIEOF MINNESOTA
IIENNBPIN COUNTY
Paul J. Brehm, Senior Vice President
on this rwEnty-seventh day of April, 2020, befo* me p.erso,nally came paul J. Brehrr" senior vice President of ATLANTIC SPECIALTY INSI'RANCE coMPANr' to me personally known to be the hdi;;i; and officer described in}'a wrro execuutrre prec.aing inrtrument, and he acloowledged the execution of the same, and being by me d,Iy sworn, that he is trre s.id;iA;;iu" corp.ry "tor.r"i;il dJ il;;;J .iriLa to trti p..."ahg instnrmmt is the seal of said company and that the said seal and the signaturr as such orn o wo airililiiiJ .ra-r"[#u.a t the said lnstnunent by t]re authority and at the dirccdon of the company' ti/,{
Notary Public
I, the undersigned, Secretary of
and has not been revoke4
ATI.ANTIC SPECIALTY INSURANCE COMPANY, a New York Co4oration, do hercby cenify that the foregoing powerof attorneyis in lull force and tlre resolutions set forth above an now in forte.
Signed and sealed. T'btpd ,S+ t^ aayor ltleril .91
This Power of AttorneY exPires
JaruarY 31,2025 Kara Bamw, SecntarY
AUSOil DMil IASH.IROIIT
1986
Please direct bond verifications io suret''tnointa*insurance-com -
ti
,986
ily
32 Monday, June 6, 2022, City Council Meeting
ACKNOWLEDGMENT
public or officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
attiached, and not the truthfulness, aocuracy, or
is
of that document.
State of California
OrangeCounty of
On April27,2022 before me, Sandra L. Zundell, Notary Public (insert name and title of the officer)
personallyappeared David Barlsic . . . ,, '- '
who provld lo me on e the.person(s) whose name(s) is/are suusbribed to the withinlnstrument and acknowledged to me that he/she/they executed the same in his/her/their authorizeJ capacity(ies), and that by his/her/their signature(s) on the instrument the p"irortrll or the entity upin bdhaf of wnicfr the person(s) acted, executed the instrument.
I certiff under pENALTY OF PERJURY under the taws of the state of california that the foregoing paragraph is true and correct.
WTNESS hand and official
ffi
sANDRA L, ZUNDELT
Notary Public - Callfornla
0range County
Commlssion # 2276935
My Comm. /trar 26, 2023
(Seal)
33 Monday, June 6, 2022, City Council Meeting
Bond Number 800136518
CITY OF LA VERNE
PEPSORMANCE BOND
Whereas, The City Council of the City of La Veme, State of California' Whereas, said PRINCIPAL is required under the terms of said agreement to fumish a bond for the faithful performance of said agreement.
Now, thereforc, we, the principat and " A!*{:*3:l[l:*ffi-99'q1*---^'*--, 6 sur€ty, are held and firmly-bouni unto the City of !a Veme, hereinafte.t "aU:g "CITY", in the
il;i';;
- ;i ""."r,,"",*.,*t,
Etqht'!11'Y. dollars,
t$ r.$r.sgs.oo @states,forthepaymentofwhichsum;ffibindourselves,ourheirs'successots'executor3andadministrators' jointly and severally, firmly by these Presents'
The condition of this obligation is such that if the above bonded PRINCIPAL, his or its heirs, executors, administratorr, ir.cessots or assigns, shall in all things stand to and abide by, and well and truly keep and perform the.covenants, conditions and provisions in the said Agreement ana any alte;ation thereof made as therein provided, on his or their part, to be kept ani pcrfo.med at the time and in the manncr therein specified, and in all respects according to tt .ii tru" intent and meaning and shall indemnifi and save harmless the City of La Verne, its om..", atents ana employis, as therein stipulated,.thcn this obligation shall becomc null and void; otherwise it shall be and remain in full force and effect' As a part ofthc obtigation secured hereby and in addition to the face amount specified therefor, therl shall be inchidea costs and reasonable expenses an{ {ees, including reasonable "ttor"#t
fees, incurred by CITY in successfully cnforcing such obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension oftime, alteration or addition to the icrms oi th" Agt".rent or to the work to be performed thereundcr or the rp*ifi.rti"rr **mp*ying theiarne shall in anywise affect its obligations on this Bond, and it ALes nereUy waive notice oi any such change, extension of time, alteration or addition to the terms of thi Agreement or !o the work or to the specifications' Inwitnesswhereo{,thisinstrumenthasbeendulyexecutedbythePRINCIPALand suretyabvenameson A$i125 ,20 zz
PRNCIPAL:
By:
Vme Sf, a f)elaware lirhilitv
(TypeName)
By:
(Type Name and Title)
Brook T. Smith, Anorn€Y-in-Fac1
@
Surcty: Sreclaltv lnsuranco
p:\- clicntsua tmc\-fm\2000\lvprfr nmmbr-dc
34 Monday, June 6, 2022, City Council Meeting
ACKNOWLEDGMENT
State of KentuckY
JefferconCounty of
rln APril25,2022 before me, Susan Ritter, Notary Public (insert name and title of the offtcer)
I certiff under PENALTY OF PERJURY
paragraph is true and correct.
WTNESS mY hand and officialseal'
under the laws of the State of Kentucky that the foregoing Signature (Seal)
A notary public or
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached and not the truthfulness, accuracy or
of that document.
Srsrn Bitter
ilTMYPUSTIC
TURGT. TEIITUCTY
o r rffr{P{6?0f
ilArlCH l. U'6il
35 Monday, June 6, 2022, City Council Meeting
t'
o
Iil3UNAilCE il{ri,,^rr#i- Of .i\l r iii'ft*v
a New York Corporatioq do
Notary Publlc
hereby certify that the foregoing power of attomey is itr full KNow ALL MEN BY.TIIESE PRESENTS, Ihat ATLANTIC SPECIALTY INSURANCE COMPANY, a NCw YOrK COTPOTATiON With its PTiNdPAI OffiCC iN PIYTTOUIb' Minnesoa, does hereby constiturc J appoint: Brook T. Sntth, Jarrs T. smith, Raymond M. Hundhb Jason D. cronnrell Jameo H. Martin, Ileborah S' Neidrter, Mlchcle D. Laorossc, eacll-ind"iau.Uy if tttar. be more ttnn one named, is tnre and lawful Atromey-h-Fact, !o make, execute, sed aod ddiver, for and on its the nature thereof in pursuance of these pl€smts, shall be as binding upon sald company as if they had been fully igned !y P luthorized offrcer of ttre company and sealed witb rle compaly seal rnis power of artomey is made and exeait"a'uy auorority of tie following rtsoludons adopted by ttre Board of Direclors of ATLANTIC SPECIALTY INSITMNCE coMPANf on the $enty-fifh day of Septenber, 2012:
Resolved: That the pnsident, any Senior vice president or Vice-Prrsident (each an "Authorized office/') may execute for and in belull of the Company any and all bonds, recognizanoes, contracts of indemnity, mJau other writings obligetory in the nature trereof, urd affix the seal of the company drertto; and that the Aurhorized olficernay appoint anrl authorize an Auorney-ln-Fact tJexecurc on tehatf of the company any and all sudl instrurnents and to affix the company seal therEto; a[d that the Authorized omcer may at any tihe remove any sudr Attomey-in-Fact and rcvola all power and authority given to any such Attomey-in- Fact.
Resolved: ThalrheAromey-ltr-Facrmayb€givmfullpowerandauthoriqrtoexecuteforandinttrenameandonbehatfofthecompanyaayandallbonds, rccognizances, co.rr"t oii"o..nity, .ia .ultt ., *riiiogs obligaory 1ih9-gtue ihereof, and any such insmrment executed by any such Acomey-in-Fact shall be as binding uponif," c".p*y * r'f sigrred and sealed uian arithorizea Qfflcer-an4 further, the Attorney-in-Fact is hereby authorized to vedfy any affi.lavit ,.quir"a o &
"tached
to bo;ds; remgniranctg conaads;f indemnity, and all other writhgs obligaory in dre nature thercof.
This power of atomey is signed and sealed by flcsioi! under the aurhority of tlre following Resolution adopted by the Boarrd of Directors oI ATLANTIC SPECIALTY INSL,RANCE CoMPAI'IY on tlre wenty-fifth day of September, 2012:
Resolved: That the signature oI an Authorized Olficer, the signature of the Secretary or the Asslstant S-ecrEtary, and lhe ComPany seal m-ay b-e affixed by facsimile to -y d;f"f il;.), ;;;;t;.fiifi.rte ntatinf therao appoinring an Attomey-in-Fact for purposes only ofexecutingand sealing.any bond undertakil6 rccofi;;;",ilr r^nitteniuugation in the niture there-oi, and any sudr signaturr and seal where so used being hereby adopted by du coupany as rhe original signaturr of such officer and the orlginal seal of rhe company, to ui vam ana uindtng upon the company with the same force and effect as though manuallY affixed.
IN WITNESS WHEREOF, ATLAI.ITIC SPECIALTY INSITRANCE COMPANY has caused these presens to be signed by an Authorized officer and the seal of the company to be aff,xed this twenty-seventh day of April, 2020,
By
STATE OF MINNESOTA
I{ENNEPIN COTJNTY
PauI J. Brehm, SeniorVice Prcsidmt
on this wenty-seveoth day of April, 2020, before me pe-rsonally came Paul tr Brehm, senior vict President of ATLAtftlc SPECIALTY INSIJRANCE coMPAlitY' to rtr perconally known to be the inai;auJ anit officer describ.a in ajra ,r,r-eo*t"d the preceding instrument, and he acknowledged the executiou of the same, and being by me duly sworo, that he is the saia ofllcer oithe company atoresaiq anJ drat *re seal amiea to ttre preceding instrumeu is the seal of said company and that the said seal and the lld.il; i *.i-"ffi* ** a"fy .ilJ *a .uiroiU.a ro ru said instrument by the authority and at the dirtction of the company' ilril,,r
This Power of AnorneY exPires
January 31, 2025 IGraBarmw, Secrctary
Pleme direct bond veriEcations to surcry@i&E[ih$rla[selo& 19E6
Arsotl Dtull lllsll.IR0l
't986
36 Monday, June 6, 2022, City Council Meeting
AGKNOWLEDGMENT
State of Calibrnia OrangeCounty of
On Apnl 27,2022 before me, Sandra L. Zundel!, Notary Public (insert name and title of the officer)
personally apPeared David Barisic
who proved to me on basis satisfactory to be the person(s) whose is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that bY his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted , executed the instrument. lcertiff under PENALTY OF PERJU
paragraph is true and correct.
RY under the laws of the State of California that the foregoing WTNESS mY and official seal.
ffi,^,
SANDRA L. ZUNDELL
Notary Public. Calfforni.
Orange Countv
Commisrlon # 22lilgls
Comm, Expires i{ar 26,2023
Signature
public or officer this
certificate verifies only the identity of the individ ual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
ofthat
37 Monday, June 6, 2022, City Council Meeting
Bond Numb€r 600'136519
CITY OF LA VERNE
SURVEY MONUMENT BOND
KNOWALLMENBYTHESEPRESENTS: That
IN WITMSS WHEREOF, the above bounded parties have cntered this instrument undcr 20 zz , the name
and these presents duly signed bY
limited liability company
APPROVED AS TO FORM:
By
CITY
company
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performancc on said contract;
NOw, THEREFORE, we thc Principal, .nd Ao?5!T'3EI=":51*:i''e"' . as Surety,
"ru frrld and firmly bound unto the CITY OF ta WnNp in the penal sum of Twn thousnnd Five Hundred znd no/lQO DOLLARS ($*.2'5!10-Q9- ' , I'
f which sum well and truly to be made' we
bind oursetves, our heirs, executors, administrators, successors' or assigns jointly and severally, firmly by these Presents.
The condition of this obligation is such that if the above bounded principal, his or-its heirs, executors, administratorr, ,i"".rrorc or assigns, shatl in all things stand to and abide by, anJ .*,ell and tiuly keep and perform the covenants, conditions and provisions in the said .r"rr*" *a *i alteration thereof made as ther€in nroyide!, on his or their part, to be kept "iO-p.rfo*"a
at the time and in the manner therein specificd, Td ! all respects according to tt
"i*ur
intent and meanin!, and shall indemniff and save harmless the CITY OF LA VERNE' it om."o, agents and
".pfiy..t * therein stipuiated, then this obligation shall bccome null and void; otherwise it shall be and remain in full force and effect' As a part ofthe obligation secured hereby and in addition to the face amount specified therefor, therl shall Ue inctu-aea costs and reasonable expenses q! feef including reasonable ;;;;y1r fees, incuped Ui tt. CI1V OF LA VERNE in successfully enforcing such obligation, alt to be taxed as costs and included in any judgement rendered Thesuretyherebystipulatesandagrecsthatnochange,extensionoftime, alteration or addition to tire terms of the Agrcement or to the work to be performed thercunder or the specification, u"*^p*iing tt" tu*"-ttall in any wise affect js obligations on this bond' unaliJo.t fr"reby waivi noii"r"of *y such change, extension of time, alteration or addition to thetermsoftheAgreementortotheworkortothespecifications' p:! clicnts\le vcmc\-fom\200Cttlwureymmtbnd dw
Brook T. Smilh, AttomeY'h-Fac't
38 Monday, June 6, 2022, City Council Meeting
ACKNOWLEDGMENT
State of KentuckY
JeffersonCounty of
On Apn! 25,2022 before me, Susan Ritter, Notary Public
(insert name and title of the officer)
personally aPPeared Brook T. Smith
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/theY executed the same in his/her/their authorized capacity(ies) , and that bY his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the Person(s) acted, executed the instrument. lcertify under PENALW OF PERJURY
paragraph is true and correct.
under the laws of the State of Kentucky that the foregoing WTNESS mY hand and officialseal.
Signatuie (Seal)
A notary public or officer completing
certificate verifies only the identity of the individual who signed the document to which this certificate ts
attached, and not the truthfulness, accuracy, or
of that document.
avn
m,I
39 Monday, June 6, 2022, City Council Meeting
to be affixed this twenty-seveoth day of April' 2020.
STATE OF MINNESOTA
HENNEPINCOUNTY
By
ATLAI{TICSPECIALTYINSLTRANCECOMPAI{Y,aNewYorkCorPoration'do and the rcsolutions set forth above are now in force.
day ot lfpdl lo4.*
i:: r)''.,ryfr r' *X' Attorney
Phase rlirect bord vedficadom to sureli i:iriqtactinstrriln&"'(QiE Paut J. Brehm, Senlor Vict President
Notary Public
hereby certify that the foregoing power of amorrey ls in full Kara Barrov, Secretary
rxSunaxcE
KNow ALt MEN By TIIESE pRESENTS, that ATLANTIS 5pECIALTY INSIIRANCE COMPANY, a New York corporation wtth its PdnciPal office in PlymouG Mirmesota, does hereby consdurte ard appolDu Brook T. smlttr, Janes T. smlfi, Reymond M. Hundley, Jason D- cromwelL Jamcs H. Manin, Dcborah s' Neiclrtcr, Michcle D. Lacrocse, eacrr inaividualy if there be morc than oae name4 its true and tawful Atomey-in-Fact to make, execut€, seal and ddirrcr, for and on ib the natur.. thereof to pur.r*." oitt .r. pr..iiq shall be as binding upon said company as if they had been fury sigsedby an authorized ofEcer of the compary and sealed with the company seal This power of Attoruey is made and execuii by autrnrity of tle rouowing resolutions adopted by the Board of DirEcbrs of ATLANnC SPECIALTY INSURANCE COMPANY on the twenty-fiffh day of September, 2012:
Resolned: That tbe president, any senior vice president or vice-Prcsideu (eadr an 'Authorlzed offlceP) may execute for and in behalf of the company any and all bonds, recognizances, contacts of indemnity, and au other writlngs obligatory in ahe naturE thereof, and affx the seal of ttre company therEb; and that the Authorized Offictr mary'"ppoir,i *a ,rtf,orl". an lttomey-in-Fact to-"*"crte on behulf of the Company Ty and all sudr instruments and to affix the Company seal thereto; and ttlat the Authorized officrr may at any tiine mmove aly such Attorney-in-Facl and revoke dl powo and authority given to a[y such Attomey-ln- Fact.
Resolved: That the Anomey-in-Fact may be gven full power and authodty to execute for and in the name and on behalf of 0re company any and dl bonds, recogdzancrs, contrads of indemoiry, ana a[ otlrer Gi,ngs obligaory in ihe-narure thereof, and any such insfiment exeqrted by any such Attomey-ir-Fad shall be as blnding upon the company as lf st$ed ana seJJ-b;an nrirrortzea officer and, funher, the Attomey-in-Fact is hertby authorized to verily any affrdavit r"quipd jg be attaarea to Uonas, rrmgnizances, contracts of indemnity, and all othen writings obligatory in the nahlre theI€of' This power of aromey is signed and sealed by facsimih under the authority of the following Resolution adopted by the Boad of Direcors of ATLANTTC SPBCIALTY INST,RANCE COMPANY on the wmty-fifth day of September, 2012:
Resolved: That the signatue of an Authorized Offlcer, the sigpature of the Secretary or the Assistatrt S-ecreary, and the Gompany seal may bc afExed by facslmlte to any p#fffiil.;il;*i".*nE" *ratin-g thercto appoirting an Attomey-in-Fact for purposes only of executing and sealing any bond, una"rtaxin* n.ogfian". or ofir.rltrcr"ougation il rtre niture rhenoi, aul any such siglnrrc and seal where so used, being hertby a<hpted by the company as the original signature of such o(ficer and trre oriffir*r oi tri. corp-y, to b; vaud a;d binding upon the company witlr ttre same force and effect as though manually affrxed.
IN wITNEss WHEREOF, ATLANIIC SPECIALTY INsI'IRANcE COMPANY has caused these prcsents to be slgned by an Authorized offrcer and the seal of the Company on this twenty-sevenrh day of April 2020, before me pe.rsonally came Paul J. Brehm, senior vice Pr6ident of ATT-ANTIC SPECIALTY INSIJRANCE GoMPANY' o me personally lcrown to be ttre inaiidual and offrcer descriua in inJ who executed rh9 irecediry irutnrment, and he ackrowledged the execution of the same, and being by me duly swom, that he is o. saia oiilJr
"r
rrr. cb*p*y= rtgresaid, and rhar the seal affixed to ttre prrceding insmrment is the seal of said compaly and that the said seal and the ,rii"r* "i ,r.tr orn"* *.r a.rrv rio,J -a rriroiu"a to the said lnsoument by the authority and a ttre direction of the company' I, the uoderslgned, SecretarY of
and has not been rwoked,force
Siped and sealed. n*u 2Slh
This Power of AttomeY expires
January 31,2025
ts86
AusolomililASH.rn0JI
llv
r?N'IIffi
1986
40 Monday, June 6, 2022, City Council Meeting
ACKNOWLEDGMENT
State of California
OrangeCounty of
On Apn127,2022 before me, Sandra L. Zundell, Notary Public TEI-r-ifd title of the officer)
personally apPeared David Barisic
who proved to me on the of evidence to be the
subscribed to the within instrument and acknowledged to me that same in h is/her/their authorized capacity(ies)' and that by his/herltheir signatu re(s) on the instrument the person(s), or the entity upon behalf of which the Person(s) acted, executed the instrument.
I certiff under pENALTY OF PERJURY under the laws of the state of california that the foregoing paragraph is true and correct'
hand and official
@
SANDR/A L. ZUNDELL
Notrry Publlc - Crtlfunla
0range County
Commirsion #2278915
Ity Comm, Expires l.tar 26, 2023
(Seal)
notary or other completing
certificate verifies only the identity of the individual who signed the document to which rhts certificate !s
attached, and
that
not the truthfulness, accuracy, OI
41 Monday, June 6, 2022, City Council Meeting
SHEETlOF2SHEETS1 LOT
AREA=98,728 SF TRACT MAP NO. 83353
N T}G CIIY OF LA T'EFiE, COUI{TY OF LOS AilOE.ES, STATE OF CALIFOH'{IA BEr{O A stEOMElOl{ OF LOT 0 N SECno|{ A TOwl{8}P I
SOUTrl, RANOE 8 WE8T, EAN BERIIAROII{O BAEE AID UERIUAN ADYATEEqII.ffiP,'8. ECEE *I
FOR COTOO*{itnr PURPoSEa'
SURVEYOR'S STATFMENT
T}ITERE;IEO IN 1}€ LTTO6 II{L(,DED
TI€ OISIIrcTI\€ BGo€R LIES, AIO
r{rP l}o $,Elvtslo.l.
owNER',S Sr4rEMFNr
TE T€REY STAIE ftUT IE lFE IT€ ffi€NS 0F 0R AFE
II]HIN I}E S.DIVTSIO{ S{)IN O{ THIS UP IIfiIN
IE @iEEXT TO TI€ FREPIRATIOI AIO FILIT{G f SAIO
rE }€FE3Y D'DICTIE TO TT€ PIE-IC T',SE ALL STEETS, HI6ilAYS A}O O]I{R RE.IC ;AYS s{m o.l s l0 urP.
rE
'GXE3Y
DEDICAIE TO T}€ CITY C LA VEXI€ AN EASEIENT Ffi RE-IC UTILITY' IISRESS ^io
EcnEss-^^D-eifrea€a RTFGEs so D€slcMTED o{ s^Io ruP }o
^LL
t'sEs II€IDENT
riene ro,-niioirc ire nlert ro $xE ctr'{l€cTlc{s I}ERETITH FRol srY AD$INIM; PROFETTTES.
LA lER€ 58, LLC, A O€LAIIAFE LIIITTEO LIIBILITY COPATIY 8Y: LA vEnr€ 58 GR(IP, LLC, A CALIFORNIA LIYtIm LIlElLlTY CCIPNY
ITS WGER
BY: SAIOYTIi€ nESIEilTtlL, A CIIFoFNIA CoRPm lld{
ITS TTMGER
BY:
BNETT IHIIE.EIO' FRESIDENT
BENEFICIARY
a^sp ilu ^ rgtNGTil SIAIE CTURIEFS) COaERCII A M' AS
EsErrcrrt'LiDER txrD r tRJsr, RE@nDED APRIL 19, 2022 ls ll{sT' t0. N2N42?99a f rFlcl[ REcm)s.
€FTERY L.
P.L.S. M).
UE
6579
oerMTtc{ o lt 121511202?
CITY ENGINEER'S STATEMENT
ccoY A. mrlrs. R.c.E. 86054
CTTY EGII€ER. CITY G LA VEFI€
DAlE
CITY SURVEYOR STATEMENT
I IfiE8Y STAIE TilT I HAVE EXAIIII€O
BTS UP tS TEC}NICUY CMFECT,
BY:
E}UI.F f I€ RE.IC, U STREETS'
BY
MIY
mrY
DAIE
THIS UP AIO MT T il SATISFIE) MT
DATE-
DATE-
PRTNT MI€:
w ffiISSIO{ AFIRES:
-
NOTARY ACKNOWLEDGMENT
SIAIE G 4IF@{IA
csr.lTY G .--'
I CERTIFY t}D€R PfMLTY G FER.TNY UDER ITf LAIS OF I}€ ST TE CF 4IF6{IA irni ne roneeotne P R^GRTFH ls lRtE Aro cffiEcr'
f,ln€ss w ulo
stGN [fiE
PRINIED MI€:
D VrD 6. GILEERTSO{. P.L.S. io. 6941
arrY snlEYfi. ctrY cF LA vEhE
DAIE
CIW CLERK CERTIFICATE
I TCFEBY CERTIFY HT T}E CITY @tJ.lCIL d Tr€ CITY G LA vEFiE Oi lppRovE) THIS UP. SAID CqlctL otD AcaEPT O{
HIGHTAYS. lro oIIER a.E-IC IAYS SlOm o{
salo HF. SAIO Cd.ilCtL DIo rc(t?T OtI E}ULF OF I}€ CITY, Tf EASE}[}.IT FcR RB-IC UTTLITY, IMfiESS A}O EGNESS Ato AERGT}{G'Y RIRFOSES SO OESIO{AIED OI SAID YAP TTO ALL USES IrcID€NT T}€FETO' IiE.I.DING NE RTS{T TO TT'G COIECTIOG IT€FETITH FROT NY AD.I]INING FRCERTIES.
CITY TXEAS.NER-CITY 6 LA VEFTG DAIE
IY PRINCIPIL H-ICE 6 BJSII€SS tS IN LOS ATSA.ES @UTY'
SPECIAL ASSESSMENT STATEMENT
I }€FEBY STATE IH T aLI SPECIAL AssESslfxTS t'EvlED Lr\OCx 1lC 'r'nlSoICII(}t c T}€ irfi-c ri iiii io utor ne rto tno-tpso lltxtr TIE slg)lvlslo{-G-^M Pmr ;tE*E& L sG-icl, m-niot nY E P Io IN FLI-L, ilvE E{ P^lD IN F{r-L' r.Y COI'ISSIC{ NTEER:
NOTARY ACKNOWLEDGMENT
STATE cF C l-lFG{l^
cowrY r _---'
I CERTIFY tN)€R PBIALTY f FMJ.nY OD€R I}€ LA;S f llf STAIE G CEIF6{IA irili-iii roneolrc PAR GR^PH IS rRlE Ato cffiEcr'
o'r- EFoRE r€'
PIXSOM-LY APPEARTD
iriHrvEo ro rr ol ne sAsts oF s rtsErcrev EVTtxNcr To E I!-Ig:L(.s) fri068 *ie?3i'rsl^a-s.EscRl@ To Tlf ltrHIN IrslRtlENT Afo
^cxlorLEoGED
ro.rE rilT
;id;i#? LAcuIEo Tl€ s^r€ It{ HIs/fi/nEIR ^ul}filzED
crP^clrY(IEs)' m'rii^iil iirirretrelR std^r(E(s) oi ni rsrnrp'n r)€ FERso{(s)' ErE.iilirV'.i*r'iiiiG-# nrior lte'rE:nsm(s) ^crED,
ErEornD nE INSIRITcNT'
LOS ANGELES COUNW TAX CERTIFICATES
t ffiBY CERTIFY THAI A[ CEFTIFICAIES HA\IE E{ FILED
iuii#irirs ure sor r DE HT aRE FEaulm $DER H
rirovisros f sEcTIsE 66492 Aro 66493 6 Tlc
S.BIVISTil tlrP ACT.
EFH' &,H' Fiffi *%5lYiT.^''.*,, ^
rtll€ss MY Mro
RINTED MIT:
w PRIISIPI R-rcE G Arsll€ss Is rN LOS II$E-ES Cqilfr' I }€FEBY CERTIFY THAT SEONT]Y IN 1}€ AIII.INT 6 i'--- Ms ffi FILD rIfr H oGarIIvE oFrIcER.
EuG-Fsrpenvisms oF l€ cqr{il G Los
^NGELES
As
smrrv rm [€ PAYI€NT OF TUES AIO SPECII
i{ilJnis cirr-ecrm ^s
rDGs fl tE LA}D slm o{ w
OF TRACT lO. &lJ5l AS REoUIFEo 8Y LAr'
EEflTIW OFFICER, BilRD OF SfERVISG
6i-irs-cu.rtrv a ios ue-es, sr^TE G caLlFdNIA
w Col/lSSlO'l D@IRES: .--
W COfiISSIA ilr€ER:
-
CONDOMINIUM NOTE
NIS TRACI IS AFffiVED AS A C$DO/INIW FRO.ECT FG S TilTIS' N6EAY IE "i;il*
oE T# i,irrii <i rrn sP^cE ;lL no N uolvloea INTEFEST-IN-TIE, Eilifii irilrili IrrL, iii rtnn' pnovtu rre EcEssrRY
^ccEss ^io
ulLIrY
E^SAEMTS FM T}€ IXITS.
BY
42 Monday, June 6, 2022, City Council Meeting
SCALE 1"=50' SHEET2OF2SHEETS
TRACT MAP NO. 83353
il IG CTTY OF LA VENilE, COU]iTIY OF LO8 ANOELE9, STAIE OF CALIFORNIA tDY rrcE qrr. cqP, 1rc. u&aE
FOR E,OiDOT'Tlr PURPOAES
t@r
t_t
LEGEND
..aJ-a-+!L
TN)ICAIES I1€ BO$DARY OF T}€
LTTO EII{G S.EIVID@ SY IHIS UP
BASIS OF BEARINGS,
nE BUnNGS ilof,l HEEOI ARE BASID O{ I}lE Elft}lc f
xml/@a s r€ ctlmxuilE 0F tHJlr $n[rl rs s{01${
(I{ rrcffi) of snEY recfiE! t a(fi 286 PIGE 1l R
r{ off,cE (r I}rE t6 acus nEcono(x.
SURVEYOR'S NOTES
a
l
R1
n
R3
R4
[n
I}0ICATES FCU\D llol.rf,NT AS MIE)
INOTCAIES SET 2' IRCN PIFE TAGGED LS 5379. FLUSH
INDTCATES RECORD OATA PER FE@80 rcTEJ E.GI
FER RECfiD C Sf\/EY, RS 288/4I
FER TR CT 52965, tB 1253/12-4
FER PARCE- uF &,419, RE 413/12-15
m CALIRANS BRASS Ol9( STMPEo N l,/4 PER RDFB 15J6/I36
rfAs,RED lro R€CO FD NAIL
I[EO8tE. FLUSH
AND
NO
NOT
EAST UNE OF N[/4
SEC 6, TIS. R8W, SBM
FO NAIL NO TAC LS
30J6, fLUStI NO REF.
NOT ACCEPIEO /
FO NAIL ANO TAG LS
7725, FLUSH PER
PvB 113h2-15
st (s71.22'R3) 571.
'6 665
ZEAI:-
izzel<=.
; HEE
U Eu83<tr*
u{6f
Epg
ec9
c
(r60.37'R3) l60.3l 16'O4'l
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lt
Jt
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t:
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Utr
Etr
od
4.30 >z
afr
6E
GEM AND
WASHER LS
FLUSH PER
7725,
11312-15
FD 2' lP LS 7725,
FLUS}I PER PMB
413/12-15
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38.97' 16.17
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NOO'17'02'X 1472.16'
EASEMENT NOTES
@ ersaet Fd Pta-tc urtLITY, tMREss' EGRESS to ErffiGBrY RnPOSES.
54'2r'f
t.
's
?,
e)
08'
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'8
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d
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Geoag. 97,6/ae 8F
NET. 70,66{' aF
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8'8
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.8
8 t
e235'03'49'
R=10.58'
L43.41
SFN ES] 8Y
INTERSECTION
43 Monday, June 6, 2022, City Council Meeting
This page left intentionally blank
This page left intentionally blank
44 Monday, June 6, 2022, City Council Meeting
Agenda Report
CITY OF LA VERNE
City Engineer
DATE: June 6,2022
FROM:
SUBJECT:
TO Honorable Mayor and CitY Council
Cody A. Howing, CitY Engineer
CITYWIDE LANDSCAPING AND LIGHTING DISTRICT NO. 6 AND
zoNES 2,3,4-1',4-ll, 5, AND 6;
ENGINEER'S REPORT
AGENDA SUMMARY:
pursuant to the requirements of the Landscape and Lighting Act of 1972, part of Division 1S of the Sireets and Highway Code of the State of California, an Engineer's Report for Landscape and Lighting Maintenance District No. 6, including special zones, those areas receiving specifiC benefit in addition to the special citywide benefit has been prepared for City C6uncil approval. Said approval sets the levy of assessments for Fisiat year 2022-23 and sets the public hearing for July 18,2022. No change in the assessment levy is being proposed for the subject special benefit in Zones 2,3, 4-1, 4-2 and 5. Zone 5 is proposLO to have the levied assessment reduced below the maximum assessment amount io draw down reserves. The formation of Zone 6 allowed for CPI increases which with the March 2022 CPI of 8.5o/o allows for a maximum assessment per parcel of $308.23. A levy of $265.60 is proposed for this zone.
RECOMMENDATION:
Staff is recommending that the City Council adopt Resolution No.22-27, preliminarily- apfroving the Enginjer's Report and setting the public hearing for the levying of "ri"tt*6nt
for CitywiOe District and the subject Zones for July 18,2022' BACKGROUND:
This report includes descriptions of improvements to be maintained and services to be p"rform"O by the City. Witn tn" approval of the Utility Tax, the- Citywide .
District
Assessment (Zone 1i is proposed-to remain at zero. General fund monies are necessary to'balance the Budgets in Zone 3 (Wheeler and Tabor) in the amount of $11,,g24.00 and in Zone 4-1 (North La Verne) in the amount of $36,771.00. Neither of these zones have reserves to balance the cost to maintain their improvements' The other zones have reserves that are being used to balance their budgets. Zone 5 is proposed to receive a lower than maximum levied assessment to allow excess reserve 45 Monday, June 6, 2022, City Council Meeting
Mayor and City Counci!
L & L Maintenance-District No. 6
funds to be drawn down. The levy amount for Zone 6 is proposed to be increased from the prior year as a result of increasing costs'
Exhibit "A" is a summary of the per parcel levy of assessment for each zone.
EXHIBIT -A"
..I, 1AREA
i;t..,',::., ';:,
:: iwtn),.:: : n:i:
,PR@POSED',
,,INCREASE
::, ,
!',,,*
iJ,:.,r- {Fi
Citywide 0 0 0 0
Zone 2 $67.23 0 0 $67.23
Zone 3 $99.59 0 0 $9e.5e
Zone 4-l $141 .85 0 0 $141 .85
Zone 4-ll $147.09 0 0 $147.09
Zone 5 $247.62 0 0 $247.62
Zone 6 $242.62 9.5o/o 0 $265.60
46 Monday, June 6, 2022, City Council Meeting
RESOLUTION NO. 22.27
A RESOLUTTON OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE "ENGINEERS REPORT" FOR ANNUAL LEVY OF ASSESSMENTS FOR FTSCAL YEAR 2022-23 IN THE
EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT WITHIN SAID C!TY, DECLARTNG ITS INTENTION TO PROVIDE FOR ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS FOR SAME DTSTRICT PURSUANT TO THE PROVTSIONS OF DIVTSION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNTA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #6)
WHEREAS, this City Council has previously formed a Landscaping District pursuantto the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972," for a maintenance district to be known and designated as
CITY OF LA VERNE
LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 6
(hereinafter referred to as the "District"); and,
WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for one year of the maintenance of the improvements within said District; and
WHEREAS, at this time there has been presented to this City Council the Engineer's Report as required by Division 15 of the Streets and Highways Code, and at this time, this City Council is desirous of proceeding with the proceedings for said annual levy;
WHEREAS, this City Council has now carefully examined and reviewed the ,,Engineer's Report" as presented, and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessment, on a preliminary basis, has been spread in accordance with the benefits received from the maintenance to be performed as set forth in said "Engineer's Report'" Resolution No. 22'27
47 Monday, June 6, 2022, City Council Meeting
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNGIL OF THE CITY OF LA VERNE, CALIFORNIA AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are a!! true and correct.
PUBLIC INTEREST
SECTION 2. A. That the public interest and convenience requires, and it is the intention of this City Council to undertake proceedings for the annual levy and collection of special arsesrments for the continual maintenance of certain landscaping, all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspiction, and therein so referenced and made a part hereof.
B. That the improvements to be maintained are substantially the same as for the previous fiscal year and reference is hereby made to said proceedings, and there are not substantiil changes proposed to be made in any existing improvements or maintenance thereof.
REPORT
SECTION 3.
following:
That the "Engineer's Report" as presented, consisting of the Plans and Specifications
Estimate of Cost for one-year's assessment
Diagram of the Maintenance District
Assessment of the Reduced Estimated Cost
A.
B
c
D
is hereby approved on a preliminary basis for Fiscal Year 2022-23 and is ordered to be filed in the office of the iity clert< is a permanent record and to remain open for public inspection.
That the City Clerk shall certify to the passage and adoption of this resolution and the minutes of ihis meeting shall so reflect the presentation of the "Engineer's RePort."
Resolution No. 22-27
48 Monday, June 6, 2022, City Council Meeting
ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described'in said "Engineer's Report," and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said "Engineer's RePort."
DESCRIPTTON OF MAINTENANCE
SECTION S. The assessments which are to be levied and collected shall be for the maintenance of certain landscaping and lighting as set forth in the "Engineer's Report," referenced and incorporated herein'
COUNTY AUDITOR
SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessment, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said District.
SPEGIAL FUNDS
SECTION 7. That all monies collected shall be deposited in the previously established fund known as
LANDSCAPING & LIGHTTNG MAINTENANCE DISTRICT NO.6
payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said specialfund, money from any available source, such funds as it mry d"em necessary to expedite the proceedings. Any funds shall be refaid out of the proceeds of the assessments provided for in this Resolution.
BOUNDARIES OF DISTRICT
SECTION g. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and tniJ city Council makes the costs and expenses of said maintenance chargeable u-pol the District, which District said City Council hereby declares to be the District benefited by said improvements and maintenance, and to be further assessed to pay the costs .i,o "*p"nses
thereof. Said District shall include each parcel of land within the boundaries of said District as said District is shown in a map as approved by this city Resolution No. 22-27
49 Monday, June 6, 2022, City Council Meeting
Council and on file in the Office of the City Clerk and so designated by the name of the District.
PUBLIC PROPERW
SECTTON 9. Any lot or parcels of land known as public property, as the same are defined in Section22663 of Division 15, Paft 2, of the streets and Highways Code of the State of California, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance work.
PUBLIC HEARING
SECTION 10. NOTICE !S HEREBY GIVEN THAT ON THE 18th DAY OF JULY, 2022 AT THE HOUR OF 6:30 P.M. !N THE CITY COUNCIL CHAMBERS OF LA VERNE CITY HALL, IS THE TIME AND P1ACE FIXED BY THIS CITY COUNCIL FOR
THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LE\AT OF MAINTENANCE ASSESSMENTS FOR IANDSCAPING AND LIGHTONG MAINTENANCE DISTRICT NO. 6, !NCLUDING ZONES 2, 3, 4-1, 4-II, 5, AND 6 TO THE EXTENT OF THE MAINTENANCE AND ANY OTHER MATTERS CONTAINED !N THIS RESOLUTION. ANY PERSONS WHO WISH TO OBJECT TO THE
PROCEED]NGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST
WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.
NOTICE
SECTION 11. The City Clerk is hereby authorized and directed to notice and publish the public meeting and public hearing as required by law.
SECTTON 12. That the City Clerk is further directed to cause a copy of the Resolution of lntention to be posted upon the official bulletin board customarily used by the City for posting of notices.
EFFECTIVE DATE
SECTION 13. This Resolution is adopted pursuant to the provisions of Section 22623, et seq. of the Streets & Highways Code of the State of California shall take effect immediately upon its adoption.
Resolution No. 22-27
50 Monday, June 6, 2022, City Council Meeting
PROCEEDINGS INQUIRIES
SECTION {4. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your atteniion i. directed to the below listed person at the local agency or department so designated:
CODY A. HOWING
RKA CONSULTING GROUP
398 LEMON CREEK DRIVE, SUITE E
WALNUT, CA 91789
(eoe) 5e4-9702
pASSED, APPROVED AND ADOPTED this 6rH day of June, 2022. l, Lupe Gaeta Estrella, Assistant City Clerk of the City of La Verne, DO hereby certify tirat itesolution No. 22-27 was duly p'aqs9d and adgpted by the said city council at a regular meetint of the said Council'held on the 6rH day of June, 2022 by the ATTEST:
Lupe Gaeta Estrella, CMC, Deputy CitY Clerk
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tim Hepburn, MaYor
Resolution No. 22'27
Lupe Gaeta Estrella, cMc, Deputy City Clerk
51 Monday, June 6, 2022, City Council Meeting
SECTION 1. AUTHORITY FOR REPORT
This report is prepared in compliance with the requirements of Article 4, Chapter 1 , Landscaping and I-igniing Act of 1972, Part2 of Division 15 of the streets and Highways Code of the State of California.
Landscape and Lighting District No. 6 ("District") a specia! benefit assessment district, provides fundingifor tie maintenance of landscaped areas owned by the City of La Verne or provided for by easements to the city of La verne.
Section 22STS, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value'
CITY OF LA VERNE
ENGINEER'S REPORT
FOR LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 6
FISCAL YEAR 2022-23
The boundary of the District is completely within the City limits of the City of La Verne and is shown on the Assessment Diagram (on file in the office of the City Clerk at tne CitV Hall of La Verne as Exhibit "A," Pages 1 thru 32). A!! parcels.of real property included within the District are described in-detail on maps on file in the Los Angeles County Assessor's office. Assessment diagrams for individual zones are included within this rePort.
SECTION 2. PLANS & SPECIFICATIONS FOR THE IMPROVEMENTS
street sweepino. street Liohts and Traffic sionals: cituwide Street sweeping, street lights and traffic signals are no longer included in the Cityruide District (Zone 1).
Landscapinq: Citwide
Citywide landscaping of a general benefit are no longer included in the Citywide District (Zone 1).
52 Monday, June 6, 2022, City Council Meeting
Landscapinq. Specifiq Zgnqs
Zone 1
For Fiscal Year 2022-23 there are no improvements included in this zone which will be maintained (funded) by this district.
Zone 2
The plans and specifications for the irrigation and landscaping were prepared by the developer and previously approved by the City Engineer. Landscaping generally consists of trees, shrubs and ground cover along First Street within the iimits of Tract No. 35405. Landscaping is south of the tract boundary and is visible from First Street. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of this report and are on file in iity Hrtt and aie available for public inspection. A location map is attached as fxniOit "8." This zone is located at the south west corner of Bonita Avenue and Fulton Road. lt is bound to the north by Bonita Avenue, to the south by First Street, and to the east by Fulton Road. Generally, the parcels included in this zone front Bonita Avenue, Madison Avenue, Brandt Street, Roosevelt St and Filmore Court. The proposed assessment for this zone is $67.23 per parcel, which reflects the current maximum assessment allowed.
Zone 3
The plans and specifications for the irrigation and landscaping were prepared by the developer and previously approved by the City Engineer. Landscaping generally consisting of trees, shrubs, turf and ground cover adjacent to Wheeler Arenue in Tract tto. SSgtZ. Reference is hereby made to the said plans and specifications for the exact location and nature of the landscape improvements.
Said plans and specifications by reference are hereby made a PaT of this report and are on file in City Hall and are available for public inspection. A location map is attached as Exhibit "C." This zone is located near the intersection of Foothill Boulevard and Wheeler Avenue. lt is bound to the east by Wheeler Avenue and to the south by Metropolitan Water District's Waymouth Treatment Plant. The farcets inclu'ded in this zone front Doral Street, Tabor Lane, and Ancona Drive' The proposed assessment for this zone is $99.59 per parcel, which reflects the current maximum assessment allowed.
Zone 4 - Generally
The plans and specifications for the irrigation and landscaping were prepared by the developer and previously approved by the City Engineer. Reference is hereby 53 Monday, June 6, 2022, City Council Meeting
made to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications by reference are hereby made a part of this report and are on file in City Hall and are available for public inspection.
Zone 4-1
This area is commonly referred to as "Rancho La Verne." Maintained landscape improvements including irrigation systems, trees, shrubs, turf, and ground cover are generally located along-Via Rancho La Verne from Baseline Road to Via De Maniion from Wheeler Avenue to Via Campo. The other major element for this zone is the riparian drainage course and pedestrian trail from Birdie Drive to Los Robles. A location map is attached as Exhibit "D". The location of this zone is north of Baseline Road and east of Wheeler Avenue. The zone extends north to Oak Mesa Park, while the easterly limits of the zone are partially composed of the Marshall Canyon Drainage Channel.
Within the riparian area are improvements including irrigation systems, ground cover, trees, shrubs, drainage structures and pedestrian trail. The pedestrian trail within the "natural" setting benefits all properties in the zone boundaries and also the City generally. Fifty fercent of the riparian area, including the pedestrian trail and diainage siructure,' is of a "general" Citywide benefit' The proposed assessmeni for this zone is $141.85 per parcel, which reflects the current maximum assessment allowed.
Zone 4-2
This area is commonly referred to as the "Live Oak Development." lmprovements are generally located along Esperanza Drive from Ridge Crest Drive to Golden Hilts Road. lmprovementi along Esperanza Drive benefit the entire Live Oak developments. lmprovements include irrigation systems, trees, turf, shrubs, ground' cover and pedestrian/equestrian trail. A location Map is attached as Exhibit "E". The location of this zone includes, and is generally situated north of Jasmine Court. The north limits of the zone approximately trace Marshall Creek and is bound to the east by the City of La Verne jurisdictional boundary. Limits of the zone west of Esperan2a Drive include Starline Street, Quail Court, Partridge place, peacock Place, Meadowlark Drive, Prairie Falcon Drive, Blackbird Lane, and Hummingbird WaY.
The proposed assessment for this zone is $147.09 per parcel, which reflects the current maximum assessment allowed.
Zone 5
The plans and specifications for the irrigation and landscaping were prepared by the developer and previously approved by the City Engineer' Landscaping 54 Monday, June 6, 2022, City Council Meeting
generally consists of trees, shrubs, ground cover and turf on Puddingstone Drive iredian,'puddingstone Drive and Wright Avenue intersections with Fairplex Drive and Orange Avjnue and the Wheeler Avenue median landscaping. Reference is hereby miOe to the said plans and specifications for the exact location and nature of the landscape improvements. Said plans and specifications.by reference are hereby made i part of this report and are on file in City Hall and are available for public inspection. A location map is attached as Exhibit "F." The zone is located south of Arrow Highway and west of Fairplex Drive. The zone is bound to the north by Metrolink
-Rail, io the east by Fairplex Drive, to the south by Puddingstone Drive anO to the west by the Marshall Canyon drainage channel' For Fiscal year 2O2Z-23 as in the sixteen previous fiscal years, costs for the maintenance, including utility expenses for the mini park, stlegt lights and traffic signal will not be incluled in this zone. City Council on May 5, 2014 approved the addition of the University of La Verne's Campus West two parcels into this zone. on April 4,2016, the city council approved a development agreement with Gilead sciences, !nc. requiring Gilead to pay 11 times the single parcel fee in the zone which was equaltb a pievious entiiteo 11 lot industrial park on the same site. The maximum tevy ailowed in this Zone is $305.71 . For Fiscal Year 2022-23, the levy is proposeO t6 Oe $247.62 per parcel. The proposed assessment amount is lower than the maximum allowed. Application of excess reserve funds will be utilize to balance the budget while maintaining adequate reserves.
Zone 6
This zone was formed in June of 2OO2 as a condition of tract Map No. 52965 for the maintenance of landscaping along Fruit and Amherst Streets within the limits of the subdivision. A location m'ap is lttached as Exhibit "G". The zone is located to the north east of the intersection of Fruit Street and Amherst Street. Parcels included in this zone are located on Hartshorn Ranch Place, Oak Tree Lane, and the south side of Bowdoin street between Fruit Street and Guava Street' The levy formula approved with the formation of the zone allows for an annual increase of up to thiee percent per year. For year ending tt4qtflt 31, 2022, the C.p.l. was g.b percent. The maximum assessment is thus $308.23 per parcel' For Fiscal Year'2022-23, the levy is proposed to be $265'60 per parcel which is less than the maximum assessment'
SECTION 3. METHOD OF APPORTIONMENT
No assessment will be made upon the properties within the Citywide District (Zone 1) for Fiscal Year 2022-23.
The basis for benefit for the significant land uses for the Citywide District (Zone 1) are no longer aPPlicable.
55 Monday, June 6, 2022, City Council Meeting
Within the Citywide District there are specific zones which contain unique improvements i"qrii"a with ihe original development of the properties within the specific zone. These iriior"r"nt. are la-ndscaping in nature and are included in the discussion in Section 2 oiit is report. The costs for these improvements are assessed to the respective zones.
Each zone has its own expenditure budget. The nature of this landscaping equally Uen"nis
""cn
parcel within ihe individual ione containing the landscaping. Because of this each parcel within a zone is equally assessed.
Zone 5, the San Polo La Verne Business Park (formerly Koll BusinessPark La Verne), *"r ,niqr" to itself. Agreements between the Koll Company and the C-ity.of La Verne requirea if,at tt e San P6lo La Verne Business Park participate in a specific Landscaping ,ni tighting Maintenance District. The improvements already included were similar to tno." irpto'r"ments included in the Citywide District. Thus Zone 5 did not include the basic asiessment for the Citywide District (Zone 1). With the transfer of the funding for the maintenance of improvements included in the Citywi{e District (Zone 1) from the diWiU" Assessment tiistrict to the General Fund (Utility Tax) and with the application ot in" Utifity Tax to the parcels within Zone 5, funding for the more general benefit irpror"r"nt., i.e. traffic signal, mini park €nd.sheet lights have been deleted from Zone 5 and are now included in the General Fund.
SECTION 4. ESTIMATED COSTS FOR THE MAINTENANCE OF THE
IMPROVEMENTS
Total estimated expenditures for Zones 2 through 6, within District 6 for the fiscal year 2022-23 are as follows:
56 Monday, June 6, 2022, City Council Meeting
EXPENDITURE BUDGET
2022123
MAINTENANCE ASSESSMENT DISTRICT
ACCOUNT NO246-5202 FIRST & FULTON ZONE 2
PERSONNEL
OPERATIONAL
32-00
32-05
38-05
43-05
54-05
62-51
62-52
65-07
65-'16
$0.00
$100.00
$0.00
$4,500.00
$100.00
$400.00
$2,000.00
$0.00
$300.00
$0.00
$441.00
$7,400.00
$441.00
$7.400.00
$7,841.00
$4,412.00
$3,429.00
REGULAR SALARIES AND WAGES
PART TIME WAGES
FRINGE BENEFIT COSTS
ADMINISTRATION COSTS
TOTAL PERSONNEL SERVICES
OTHER PROFESSIONAL SERVICES
ARCHITECT/ENGI NEERI NG SERVICES
ANTMAL CONTROL (GOPHER)
CONTRACTUAL MAINT. SERVICE
LEGAL NOTICES AND PUBLICATIONS
ELECTRICITY UTILITY
CITY UTILITIESMATER, ETC.
MATERIAL & NURSERY ITEMS
SPRINKLER/IRRIGATION SUPPLI ES
MISCELLANEOUS
TOTAL OPERATIONAL
COST CENTER TOTAL
CREDTT (FROM RESERVES)
TOTAL TO BE ASSESSED
2022-23 CITYIA/I DE ASS ESSM E NT
2022.29 ZONE 2 EQUAL PARCEL ASSESSMENT (51 PARCELS)
0.00 $67.23
PER PARCEL 23
57 Monday, June 6, 2022, City Council Meeting
EXPENDITURE BUDGET
2022t23
MAI NTENANCE ASSESSMENT DISTRICT
ACCOUNT NO. 246-5203 WHEELER & TABOR ZONE 3
PERSONNEL
OPERATIONAL
REGULAR SALARIES AND WAGES
PART TIME WAGES
FRTNGE BENEFIT COSTS
ADMINISTRATION COSTS
TOTAL PERSONNEL SERVICES
32-00
32-05
38-05
43-05
54-05
62-51
62-52
65-07
65-'t6
$0.00
$150.00
$0.00
$2,060.00
$100.00
$8,000.00
$4,000.00
$0.00
$300.00
OTHER PROFESSIONAL SERVICES
ARCHITECT/ENGINEERI NG SERVICES
ANTMAL CONTROL (GOPHER)
CONTRACTUAL MAINT. SERVICE
LEGAL NOTICES AND PUBLICATIONS
ELECTRICITY UTILITY
CITY UTI LITI ESAA'ATER, ETC.
MATERIAL & NURSERY ITEMS
SPRINKLER/IRRIGATION SUPPLI ES
TOTAL OPERATIONAL
COST CENTER TOTAL
DEFICIT (GENERAL FUND LOAN)
TOTAL TO BE ASSESSED
$600.00 $600.00
$14.610.00
$15,210.00
$11.824.00
$3,386.00
$14,610.00
2022-23 Cl DE ESSMENT $0.00
$99.592022-23 ZONE 3 EQUAL PARCEL ASSESSMENT (34 PARCELS) PER PARCEL 59
TOTAL
58 Monday, June 6, 2022, City Council Meeting
EXPENDITURE BUDGET
2022t23
MAI NTENANCE ASSESSMENT DISTRICT
ACCOUNT NO.246-5204 NORTH LA VERNE zoNE 4-1
PERSONNEL
REGULAR SALARIES AND WAGES
PART TIME WAGES
FRINGE BENEFIT COSTS
ADMINISTRATION COSTS
TOTAL PERSONNEL SERVICES
OPERATIONAL
32-00
32-05
32-09
38-05
43-05
43-05
54-05
62-51
62-52
62-52
64-00
64-07
65-16
PROFESSIONAL SERVICES
ARCHITECT/ENGINEERI NG SERVICES
OTHER CONTRACTUAL SERVICES
- GENERAL
. TREES
ANTMAL CONTROL (VECTOR/GOPHER)
CoNTRACTUAL MAINT. SERVICE (RLV)
CoNTRACTUAL MAINT. SERVICE (RIPARIAN
oHANNEL)
LEGAL NOTICES AND PUBLICATIONS
ELECTR]CITY UTILITY
urLITIESM/ATER, ETC. (RLV)
UTtLITIESMATER, ETC. (RIPARIAN CHANNEL)
MISC. MATERIALS & SUPPLIES
MATERIAL & NURSERY ITEMS
SPRINKLER/IRRIGATION SUPPLIES
$9,770.00
$0.00
$3,600.00
$0.00
$0.00
$0.00
$25,000.00
$25,000.00
$500.00
$2,000.00
$45,000.00
$0.00.
$0.00
$0.00
$2.500.00
$103,600.00
$0.00
$0.00
$9,770.00
$103,600.00
$0.00
$113,370.00
$0.00
$36.771.00
$76,599.00
TOTAL OPERATIONAL
CAPITAL IMPROVEMENTS
TREE REPLACEMENT RESERVE
TOTAL CAPITAL I MPROVEMENTS
COST CENTER TOTAL
-GENERAL BENEFIT RIPARIAN CHANNEL
(50% CITY GENERAL FUND CONTRIBUTION)
DEFTCTT (GENERAL FUND LOAN)
TOTAL TO BE ASSESSED
2022-23 CITYWIDE $0.00
$141.852022-23ZONE 4-1 EQUAL PARCEL ASSESSMENT (540 PARCELS) TOTAL PARCEL 141.85
59 Monday, June 6, 2022, City Council Meeting
EXPENDITURE BUDGET
2022123
MAI NTENANCE ASSESSMENT DISTRICT
ACCOUNT NO.246-5205 LIVE OAK zoNE 4-2
PERSONNEL
OPERATIONAL
32-00
32-05
43-05
54-15
62-51
62-52
65-07
65-16
64-00
REGULAR SALARIES AND WAGES
PART TIME WAGES
FRINGE BENEFIT COSTS
ADMINISTRATION COSTS
TOTAL PERSONNEL SERVICES
OTHER CONTRACTIONAL. SERVICES
ARCHITECT/ENGINEERI NG SERVICES
CONTRACTUAL MAINT. SERVICE
LEGAL NOTICES AND PUBLICATIONS
ELECTRICITY UTILITY.
CITY UTILITIESMATER, ETC.
MATERIALS/N U RSERY ITEMS
SPRINKLER/IRRIGATION SUPPLI ES
MISC. MATERIALS & SUPPLIES
TOTAL OPERATIONAL
COST CENTER TOTAL
cREDITED (FROM RESERVES)
TOTAL TO BE ASSESSED
$7,564.00
$0.00
$2,600.00
$30,000.00
$1,000.00
$2,500.00
$29,000.00
$0.00
$1,000.00
$0.00
$66,100.00
$7,564.00
$66,100.00
$73,664.00
$25.860.00
$47,804.00
2022-23 DE
2022-23 ZONE 4-2 EQUAL PARCEL ASSESSMENT (325 PARCELS) $147.09 TOTAL PER PARCEL 147.09
60 Monday, June 6, 2022, City Council Meeting
EXPENDITURE BUDGET
2022t22
MAI NTENANCE ASSESSMENT DISTRICT
ACCOUNT NO.246-5207 LA VERNE BUSINESS PARK* ZONE 5
PERSONNEL
OPERATIONAL
REGULAR SALARIES AND WAGES
PART TIME WAGES
FRINGE BENEFIT COSTS
ADMINISTRATIONS COSTS
TOTAL PERSONNEL SERVICES
32-09
32-05
38-05
43-05
54-05
62-51
62-52
65-07
65-'t6
64-00
$0.00
$1,100.00
$0.00
$10,060.00
$1,000.00
$1,200.00
$9,000.00
$0.00
$0.00
$0.00
CONTRACTUAL
ARCHITECT/ENGINEERING SERVICES
ANTMAL CONTROL (GOPHER)
CONTRACTUAL MAINT. SERVICE
LEGAL NOTICES AND PUBLICATIONS
ELECTRICITY UTILITY - LANDSCAPING.
CITY UTILITI ESMATER, ETC.
MATERIALS. NURSERY ITEMS
SPRINKLER/IRRIGATION SUPPLI ES
MISCELLANEOUS SUPPLIES
$3,090.00
$22,360.00
$0.00
$0.00
$0.00
$3,090.00
$22,360.00
$0.00
$25,450.00
$5,640.00
$,l9,810.00
TOTAL OPERATIONAL
CAPITAL IMPROVEMENTS
PUDDINGSTONE MEDIAN UPGRADES
5 YR TREE TRIMMING RESERVE
TOTAL CAPITAL IMPROVEM ENTS
COST CENTER TOTAL
cREDTT (FROM RESERVES)
TOTAL TO BE ASSESSED
2022-23 ZONE 5 PARCEL ASSESSMENT
(oz eounl PARCEL ASSESSMENTS PARCELS ASSESSMENTS,
i r pnncels FoR GTLEAD PER DEVELoPMENT AGREEMENT'
AND 2 PARCELS FOR UNIVERSITY OF LA VERNE.
80 TOTAL PARCEL ASSESSMENTS) $247.62IPARCEL
CITYWI
AL PER PARCEL
*Formerly Polo Park
61 Monday, June 6, 2022, City Council Meeting
EXPENDITURE BUDGET
2022t23
MAI NTENANCE ASSESSMENT DISTRICT
ACCOUNT NO.246-5206 TRACT 52965 ZONE 6
PERSONNEL
OPERATIONAL
REGULAR SALARIES AND WAGES
PART TIME WAGES
FRINGE BENEFIT COSTS
ADMINISTRATION COSTS
TOTAL PERSONNEL SERVICES
32-00
32-05
38-05
43-05
54-05
62-51
62-52
64-00
65-07
65-16
OTHER CONTRACTIONAL SERVICES
ARCHITECT/ENGIN EERING SERVTCES
AN]MAL CONTROL (GOPHER)L
CONTRACTUAL MAINT. SERVICE
LEGAL NOTICES AND PUBLICATIONS
ELECTRICITY UTILITY - LANDSCAPING.
CITY UTILITIESMATER, ETC.
MISCELLAN EOUS SUPPLIES
MATERIALS NURSERY ITEMS
SPRINKLER/I RRIGATION SUPPLI ES
$568.00
$0.00
$200.00
$0.00
$4,000.00
$200.00
$500.00
$2,500.00
$0.00
$0.00
$0.00
$7,400.00
$ 0.00
$ 0.00
$568.00
$7,400.00
$ 0.00
$7,968.00
$0.00
($0.00)
$7,968.00
TOTAL OPERATIONAL
CAPITAL IMPROVEMENTS
TREE TRIMMING RESERVE
TOTAL CAPITAL IM PROVEM ENTS
COST CENTER TOTAL
oREDIT (FROM RESERVES)
PAYMENT OF DEFlClr (FROM CITY)
TOTAL TO BE ASSESSED
2022-23 DE MENT 0.
2022-2SzoNE6EQUALPARoELASSESSMENT(30PARCELS)
PER
$265.60
62 Monday, June 6, 2022, City Council Meeting
SECTION 5. DIAGRAM FOR THE ASSESSMENT DISTRICT
A copy of the assessment diagram is on file with the office of the City Clerk of the City of La Veine as "Exhibit A". Reduced diagram-s for Zones 2, 3, 4-1, 4-2,5, and 6 are attiChed fOf yOUf COnVenience aS EXhibitS "B", "C", "D", "E", "F", and "G" fespeCtiVely' Full size maps are available in the office of the city Engineer.
SECTION 6. ASSESSMENT
The landscaping was developed and is maintained for the benefit and enjoyment of all the properties iniluded within the assessment district boundaries, and all parcels benefit from the imProvements'
The net amounts to be assessed are:
Citywide Base Amount $ 0'00
$ 3,429.00
$ 3,386.00
$76,599.00
$47,804.00
$19,810.00
$ 7,968.00
!n order to balance the expenditures versus the assessments for this Fiscal Year, a credit from the reserves of Zones 2, 4-2 and 5 was applied, while Zones 3, 4-1 ieqrlreo general fund loans. proposed assessment for Zone 6 will generate adequate revenue to cover expenditures for this Fiscal Year'
As required by said Act, a diagram is attached hereto showing the District and the boundaries and dimensions of the respective parcels of land within said District as the same existed at the time of the adoption of the Resolution of lntention and the initiation of these proceedings as each parcel has been given a separate number upon said Diagram.
Zone 2
Zone 3
Zone 4-1
Zone 4-2
Zone 5
Zone 6
63 Monday, June 6, 2022, City Council Meeting
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74 Monday, June 6, 2022, City Council Meeting
Agenda Report
CITY OF LA VERNE
City Engineer
DATE:
FROM:
SUBJECT:
TO
June 6,2022
Honorable Mayor and CitY Council
Cody A. Howing, CitY Engineer
LANDSCAPE AND LIGHTTNG MA!NTENANCE DISTRICT NO. 7;
ENGINEER'S REPORT
AGENDA SUMMARY:
pursuant to the provisions of Division 15, Part 2, of the Streets and Highway Code, an Engineer's Report for Landscape and Lighting Maintenance District No. 7 (La Verne Hei'ghts l1) has been prepared for City Council preliminary approval. .Said approval sets thelevy of assessments ior Fiscal Year 2022-23 and sets the public hearing for July 18, 2022. There is a proposed increase to the assessment amount levied for this Fiscal year to address increased maintenance costs. The proposed assessment amount of $660.00 is below the maximum allowable assessment of $693.26.
RECOMMENDATION:
Staff is recommending that the City Council adopt Resolution 22-28, preliminarily approving the Enginedr's Report and set the public hearing for levying a full year's assessment for JulY 18,2022.
BACKGROUND:
On January 3, lgg5 the City Council by adopting Resolution No. 95-2 formed Landscape and Lighting Districi No. 7. This District was formed to maintain the fuel modification =onei inc'iuded in the La Verne Heights lll (Lewis Homes) housing development. The creation of the District was a requirement of the La Verne Heights Specific Plan.
An expenditure budget was prepared and approved in 1995 estimating the total cost to maintain the transiti-onat landscaping and the fuel modification zones at $128,940 or $693.26 per Parcel.
75 Monday, June 6, 2022, City Council Meeting
Mayor and City Council
Landscape & Lighting Maintenance District No. 7
For the l 995/96 fiscal year a zero assessment was levied since it was assumed that none of the areas wouid be completed for City maintenance. Because of a credited developer paid surplus paid in 1996/97, the levy on each parcel had been at a lesser "rorni
($534.54) than the maximum allowed assessment amount of $693.26. ln Fiscal year ZOOgtlO, the tevy was raised to the maximum allowed in the District ($693.26) since the developer paid surplus was almost expended.
Assessments for fiscal year 20t21 and 21t22 have been at a reduced level of $600.00 and $630.00 respectivb[ to reftect budget reductions within the District. Recent increases to contractual services have required that the assessment be increased while ititt apptylng district reserves. The proposed assessment of $660.00 represents a 4.7o/o increase to tne levied assessment from the prior year. The proposed assessment is below the maximum allowable assessment of $693'26 per parcel' This proposed increase combined with the application of built up reserves will cover operational costs for this fiscal year. Adequate iuel modification reserves will still be maintained. 76 Monday, June 6, 2022, City Council Meeting
RESOLUTION NO. 22-28
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE "ENGINEERS REPORT'' FOR ANNUEI UEVY OF ASSESSMENTS FOR FTSCAL YEAR 2022'23 IN THE
EXTSTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT WITHIN SAID
CITY, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2,OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNIA, AND SETTTNG A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #7)
WHEREAS, this City Council has previously formed a Landscaping District pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972," for a maintenance district to be known and designated as
CITY OF LA VERNE
LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 7
(hereinafter referred to as the "District"); and,
WHEREAS, at this time the city council is desirous to take proceedings to provide for the reduced annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for one year of the maintenance of the improvements within said District; and
WHEREAS, at this time there has been presented to this City Council the Engineer's Report as required by Division 15 of the Streets and Highways Code, and at this time, this city council is desirous of proceeding with the proceedings for said annual levy;
WHEREAS, this City Council has now carefully examined and reviewed the ,,Engineer,s Report" as presented, and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessment, on a preliminary basis, has been spread in accordance with the benefits received from the maintenance to be performed as set forth in said "Engineer's Report'" Resolution No. 22-28 77
Monday, June 6, 2022, City Council Meeting
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA AS FOLLOWS:
RECITALS
SEGTTON 1. That the above recitals are all true and correct'
PUBLIC INTEREST
SECTION 2. A. That the public interest and convenience requires, and it is the intention of this City Council to undertake proceedings for the reduced annual levy and collection of speciai assessments for the continual maintenance of certain landscaping, all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and therein so referenced and made a part hereof.
B. That the improvements to be maintained are substantially the same as for the previous fiscal year and reference is hereby made to said proceedings, and there are not substantial changes proposed to be made in any existing improvements or maintenance thereof.
SECTION 3.
following:
REPORT
That the "Engineer's Report" as presented, consisting of the A. Plans and Specifications
B. Estimate of Cost for one-year's assessment
C. Diagram of the Maintenance District
D. Assessment of the Reduced Estimated Cost
is hereby approved on a preliminary basis for Fiscal Year 2022-23 and is ordered to be filed in tire Otfice of the iity Cterf as a permanent record and to remain open for public inspection.
That the City Clerk shall certify to the passage and adoption of this resolution and the minutes of this meeting shall so reflect the presentation of the "Engineer's Report."
Resolution No. 22-28 78
Monday, June 6, 2022, City Council Meeting
ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said "Engineer's Report," and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said "Engineer's RePort."
DESCRIPTION OF MAINTENANCE
SECTION S. The assessments which are to be levied and collected shall be for the maintenance of certain landscaping and lighting as set forth in the "Engineer's Report," referenced and incorporated herein.
COUNTY AUDITOR
SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessment, after the deduction of any compensation due to the County for collection, snati Oe paiO to the Treasurer for purposes of paying for the costs and expenses of said District.
SPECIAL FUNDS
sEcTloN 7. That all monies collected shall be deposited in the previously established fund known as
LANDSCAPING & LIGHTING MATNTENANCE DISTRICT NO. 7
Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in oroer to expedite the making of this maintenance and improvement, inl CitV Council may transfer into said special-fund, money from any available source' such funds as it may deem necessary to expedite the proceedings' Any funds shall be i"priO out of the proteeds of the assessments provided for in this Resolution'
BOUNDARIES OF DISTRICT
SEcTloN 8. Said contemplated maintenance work is, in the opinion of this city council, of direct benefit to the properties within the boundaries of the District, and this city council makes the costs and expenses. of said maintenance chargeable upon the District, which District said city Corniir hereby decrares to be the District benefited by said improvements and maintenance, and to 6e further assessed to pay the costs and expenses thereof. said District shall include each parcel of land within the boundaries of said District as said District is shown in a map as approved by this City Resotution No. 22-28 79
Monday, June 6, 2022, City Council Meeting
Council and on file in the Office of the City Clerk and so designated by the name of the District.
PUBLIC PROPERTY
SECTION 9. Any lot or parcels of land known as public property, as the same are defined in SectionZZAets of Division 15, Part 2, of the streets and Highways Code of the State of California, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance work.
PUBLIC HEARING
SEGTIoN 10. NoTIcE IS HEREBY GIVEN THAT ON THE 18th DAY OF JULY, 2022 AT THE HOUR OF 6:30 P.M. IN THE CITY COUNCIL CHAMBERS OF LA
VERNE CITY HALL, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR
THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL
LEVY OF MAINTENANCE ASSESSMENTS, TO THE EXTENT OF THE
MAINTENANCE AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION.
ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE
ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.
NOTICE
SECTION 11. The City Clerk is hereby authorized and directed to notice and publish the public meeting and public hearing as required by law. sEcTtoN 12. That the city clerk is further directed to cause a copy of the Resolution of lntention to be posted upon the official bulletin board customarily used by the City for posting of notices'
EFFECTIVE DATE
sEcTloN 13. This Resolution is adopted pursuant to the provisions of section 2262g, et seq. of the Streets & Highways Code of the State of California shall take effect immediately upon its adoption.
Resolution No. 22-28 80
Monday, June 6, 2022, City Council Meeting
PROCEEDINGS INQUIRIES
SECTION 14. For any and alt information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated:
CODY A. HOWING
RKA CONSULTING GROUP
398 LEMON CREEK DRIVE, SUITE E
WALNUT, CA 91789
(eoe) 5e4-e702
pASSED, APPROVED AND ADOPTED this 6"t day of June, 2022.
Tim Hepburn, MaYor
ATTEST:
Lupe Gaeta Estrella, CMC, Deputy CitY Clerk
AYES:
NOES:
ABSENT:
ABSTAIN:
l, Lupe Gaeta Estrella, Assistant City Clerk of the City of La Ve11e, DO HEREBY CERTIFY that Resolution No. 22-29 was duly passed and adopted by the said ^city council at a regular meeting of the said council neto on the 6th day of June, 2022 by the following vote:
Resolution No.22-28
Lupe Gaeta Estrella, CMC, Deputy CitY Clerk
81 Monday, June 6, 2022, City Council Meeting
CITY OF LA VERNE
ENGINEER'S REPORT
AFTER FORMATION OF LANDSCAPE AND LIGHTING MAINTENANCE
DISTR]CT NO. 7
FISCAL YEAR 2022123
SECTION 1. AUTHORITY FOR REPORT
This report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Ligi.rtirg Act of 1972, Parl 2 of Division 15 of the Streets and Highways Code of the State of California.
Landscape and Lighting District No. 7 ("District") a special benefit assessment district, provides limited iunOing for the maintenance of open sp?cg within the oak tree preserve, equestrian and pedlstrian trails and the fuel modified landscaped areas 6wneO by th6 City of La Verne or provided for by easements to the City of La Verne' Section ZZS73, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value' The boundary of the District is completely within the City limits of the City of La Verne and is shown on the Assessment Diagram (on file in the office of the City Clerk at tne city Hall of La verne as Exhibit ,,A," (piges 1 thru 4). All parcels of real property included within the District are described'in detail on maps on file in the Los Angeles County Assessor's office.
SECTION 2. PLANS & SPECIFICATIONS FOR THE IMPROVEMENTS
The fuet modification zone is illustrated in Exhibits 2-27 and 2-28 of the La Verne Heights Specific it"n, a copy of which is on file in the Office of the City Clerk' lt has been created to protect residential land uses from wildland fires within La Verne Heights ,6.g in" int"rface between developed and non-developed land uses' Fire-retardant qrriili"r useful for fuel modification procedures involve plants with a low growth habit and fuel volume with a low heat output when burned'
Fuel modification principles used implement a combination of wildfire suppression techniques currenfly emproyed by various agencies in southern california. ln general, significant specimens oi "ii.ting
desirable,-low fuel plant species located within the
zone will continr"-to be preserv:ed, trimmed and maintained. Representative species incrude mature coast rive oak, toyon, and sycamore. Areas within the zone are subject 82 Monday, June 6, 2022, City Council Meeting
to fuel modification specifications for each hazard classification. Fuel modified slopes will provide for adequate fire safety, and minimal visual, biotic and erosion impacts.
The portion of the Specific Plan west of Esperanza Drive and south of the main community entrance and south of Ridgeview Drive have been designated "extreme fire hazard," frimarily due to type and density of vegetation and slope. The first 100-feet from the structure will require 100 percent removal of vegetation (excluding healthy oak trees) and replanting the area with low fuel plant species. Since a perimeter road concept has been employed, a majority of this 100-foot zone will be utilized by front yard landscaping, roadway pavement, pedestrian trails and introduced landscaping, inereUy minimizing or eliminating required removal of natural vegetation. The next 200- feet witl require i combination of the same fuel modification techniques, but with the replanting of low fuel ptant species. Healthy oak trees in all zones shall be pruned of dead material a minimum of six feet above average existing grade. All areas beyond the limit of the Extreme Fire Hazard Zone (300-feet from the edge of structures) will remain in natural unmodified open space'
The remainder of the perimeter areas are designated as "High Fire Hazard," as shown in Exhibit 2-2T o'f the La Verne Heights Specific Plan. The majority of this area is located along Marshall Canyon, and is highly visible from existing development. The High Fire Hazard Zone requires much less fuel modification than the extreme zone, reiulting in fewer visual impacts. The High Fire Hazard Zone is divided into two areas.
The firsi 100-feet form the structure requires 100 percent vegetation removal (excluding healthy oak trees), and replanting the are with low fuel plant species. . The next 1O0-feet requires fuel modification'as previously discussed. Areas beyond this zone will remain in natural open space, with no fuel modification.
The High Fire Hazard Zone - Internal Canyon Area is identical to the standard high fire hazard lre in that the 100-fooU100 percent removal zone and remaining Fuel Modification Zone are identical. Atl healthy oaks in the lnternal Canyon Area will be preserved with some minor pruning potentially be_ing required....This canyon area contains the extension of the Oak Tree Preserve. All oak trees will be preserved in the Fuel Modification Zone. No external view-shed impacts are associated with fuel modification activities in this zone.
part of the development of the fuel modification zones is planting of low fuel plant species. This planting is generally referred to as transitional landscaping. A separate line item has been included in the budget'
The last element of this District is the maintenance of open space. While this is a massive area, little maintenance is expected except for the trail systems.
SECTION 3. METHOD OF APPORTIONMENT
The net amount to be assessed upon the properties within the District is apportioned by a formula and method which equally distributes the amount of benefit ,rong all assessable parcels. The maintenance of the slopes provides a special benefi-t which is received by each and every lot or parcel within the District. 83 Monday, June 6, 2022, City Council Meeting
SECTION 4. DIAGRAM FOR THE ASSESSMENT DISTRICT
A reduced copy of the assessment diagram is attached as Exhibit 'A." Full size maps are available in the office of the City Engineer. The zone is located west of erf"r"nr" Drive and south of Golden Hills Road. The zone is bound to the south and west by open space. The parcels included in this zone compose the La Verne Heights Community.
SECTION 5. ASSESSMENT
The fuel modified landscaping was developed and is maintained for the benefit and enjoyment of all the propertiejinctuoed within the assessment district boundaries, and all'pircels benefit from ihe irnprovements. The amount to be assessed upon the assessable lands within the districi for fiscal year 1995/96 was zero. The developer, Lewis Homes of California was solely responsible for maintenance this fiscal year. The amount to be assessed upon the issessable lands within the District for fiscal year 1996/97 was $1 ZB,946 ($dgg.ZO per parcel). But since only three-fourths of the area was anticipated to be ready for acceptance by !!e.city forrnaintenance during fiscal year 1996/97, the assessment was reduced to $99,425.00. For the fiscal year 1997/98 the assessment was to return to the originally approved amount of $128,940 which wourd have been n"."..rry to maintain ariof the proposed fuer modified areas after the estabrishment ptanig;"*th period. since no add'itionar areas above the 1996/97 tevel were anticipated to be accepted during fiscal ye_a.!1997/98, the assessmentwas again reduced to $gg,425.00. For fiscal -year legalgg the full assessment budget was approved at $106,060.00. This was less than the 1996 estimate of $128,940 do to the following factors:
1. The water usage for the established areas was less than first two year of groMh.
Z. The required maintenance for the established areas is less than previous years.
For fiscal years lggg/oo thru 2006/07, the $106,328.00 budgets were proposed to be approximately at the 1998/99 level with surpluses from previous year's assessments reducing the assessment to $99,425.00, the 1998/99 level. For fiscal years 2007108 and 200g/0g the uuJget was incre*"0 to 9135,21g due to increased costs to maintain fuel modification areas. For fiscal year 2OO9/10, the budget was increased to $150'363' That increase was due to an increase in the maintenance revels for transitional landscaping and open space fuel modification. ln addition, the cost of water increased by 20 percent. ln order to reduce ih" ,*".sment deficit, the levy was increased from $534.54 per parcel to the maximum attowed within the district of $693.26 per parcel as established with the formation of the district. For fiscal year 2010/11 the budget was reduced to $132,828.00 due to reduction in water usage. For.fiscal year 2011l12there was a slight increlie in the budget to $134,075.00 with a credited surplus of $5'129'00 from previous fiscar years barances the budget with assessments. For fiscal year 2012t13 the OuOg; irt "grin
stightly increaied lo $142,174'00 with previous years
surpruses being
-credited t6 uatanie the assessment. For fiscal year 2013/14 the budget was reduced to $132,246 with previous years surpluses being credited to balance the assessment. For fiscal year 2o14ti5 the budget was increased to 84 Monday, June 6, 2022, City Council Meeting
$137,400.00 with previous years surpluses being credited to balance the assessment.
For fiscal year ZOlSl16 the budget increased to $186,000 with previous years surpluses being credited to balance the assessment. The increase was due to a proposed one time improvements to the storm drain system ($10,000.00) ald increase fuel modification $40,000.00. ln fiscal year 2016117 lhe budget decreased to $154,500 with the completion of the 2015/16 storm drain improvements and the major fuel modification projects. previous years surpluses were credited to balance the assessments. For fiscal ieir zolz llg the buoget incieased to $166,630.00 from $1 54,500.00 in order to replace lhe controller's "cellul-ar" cards. There were adequate reserves to fund the short fall between the amount that can be assessed and the cost center total. For fiscal year Z11gt1g, the budget was decreased to $162,138.00 with the reserves funding the short fall. While the asiessment remained at the maximum of $693'26, the levy was reduced to $650.00 per parcel because of the high reserves. For fiscal year 2019/20, the budget was decreased to $15g,167.00. The levy was again decreased from the maximum of $693.26 and the 2O1g-19 levy of $650.b0 per parcel to $600.00 per parcel with the reserves used to balance the budget. For Fiscal 2o2O-21the budget was increased to $163,453.00. The assessment levy was held at the 2019/20 amount of $600.00 per prr."f . For Fiscal Year 2021-22 lhe budget increased to $185,547. The assessment i"ry *r, increased to $630 per parcel along with application of reserves from the prior yeir to balance the budgei. For Fiscal Year 2022-23 the budget is proposed to in.r""." to $210,967 reslfting from increased contractual services. The assessment levy will be increased to $660 [er parcel in conjunction with application of reserues from tha prior year to balance the budget. Adequate reserves are still being maintained for fuel modifications in future years.
As required by said Act, a diagram is attached.hereto showing the District and the boundaries and dimensions of the iespective parcels of land within said District as the same existed at the time of the adoption of the Resolution of lntention and the initiation of these proceedings, as each parcel has been given a separate number upon said Diagram.
85 Monday, June 6, 2022, City Council Meeting
EXPENDITURE BUDGET
wzB
MAINTENANCE ASSESSMENT DISTRICT
ACCOUNT NO.246-5208 LA VERNE HEIGHTS III DISTRICT 7
REGULAR SALARIES AND WAGES
PART TIME WAGES
FRINGE BENEFIT COSTS
ADMINISTRATION COSTS
TOTAL PERSONNEL SERVICES
OPERATIONAL
32-OO OTHER PROFESSIONAL SERVICES
32-05 ARCHITECT/ENGINEERI NG SERVICES
32-09 OTHER CONTRACTUAL SERVICES
43.05 CONTRACTUAL MAINT. SERVICE
. OPEN SPACES AND TRANSITIONAL
LANDSCAPING
TRAILS
. WET LANDS
. DRAINAGESTRUCTURE
MAINTENANCE
$31,720.00
$ 0.00
$ 0.oo
$ 3,700.00
$'14,247.00
$0.00
$2,500.00
$10s,000.00
$35,420.00
$196,720.00
$0.00
$210,967.00
$88,207.00
$122,760.00
54-05
62-51
62-52
64-00
65-07
6s-16
LEGAL NOTICES AND PUBLICATIONS
ELECTRICITY UTILITY
CITY UTILITIESMATER, ETC.
MISC. MATERIALS & SUPPLIES
MATERIALS/NURSERY ITEMS
SPRINKLER/IRRIGATION SUPPLIES
OPERATIONAL TOTAL
$500.00
$300.00
$50,000.00
$0.00
$0.00
$3,000.00
FUND FOR TREE TRIMMING (5 YEAR)
COST CENTER TOTAL
CREDITED RESERVES
TOTAL TO BE ASSESSED
zO22l23DlsTRlcT 7 EQUAL PARCEL ASSESSMENT (',186 PARCELS) 86 Monday, June 6, 2022, City Council Meeting
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88 Monday, June 6, 2022, City Council Meeting
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ASSESSMENT DIAGRAM
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Agenda Report
CITY OF I-A VERNE
City Engineer
DATE:
TO:
FROM:
SUBJECT:
June 6,2022
Honorable MaYor and CitY Council
Cody A. Howing, CitY Engineer
TANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO' 8;
ENGINEER'S REPORT
SUM Y:
Pursuant to the provisions of Division 15, Part 2, of the Streets and Highways code, an Engineer,s Report for Landscape and Lighting Maintenance District No. I (Marshall Canyon Estates Specific Plan developrient)- has been prepared for City Council preliminapppror.[. Said approval sets the levy of assessments for Fiscal Year 2022- 23 and sets the prOti. hearin! for July 18,2022.-]t is proposed to set the levy at the iggO-gz approved full year's assessment of 9249.70 per parcel.
RECOMMEN ON:
staff is recommending that the city councir adopt the attached Resolution No' 22-29, preliminarily approvinitne Engineer's Report and seting the public hearing for July 18' 2022.
BACKGROUND:
on January 3, 1995 the city council approved Reso.lution No. 95-3 overruling protests and providing for ine totm"lion of taniscape and -Lighting Maintenance District No' 8 and the annual levy and collecting oimr".rrents foiLandscaping and Lighting District No. 8. At that time, it was anticipated that within a year Lewis.Homes would have compreted the construction and the city wou-[d accept the fuer modiflcation area and the linear park (open space) for maintenance in fiscal year 1996/97. 91 Monday, June 6, 2022, City Council Meeting
Mayor and City Council
Landscape & Lighting Maintenance-District No. 8
An expenditure budget was prepared and approved in 1995 estimating a full one year's maintenance cost oi $aS,++S ($249.70 per parcel) to be levied in fiscal year 1996_-97.
The levy for 19g5/g6 was set at zero since no areas were to be maintained by the City.
Since Fiscal year 1996/97, the assessment budget increased as the City accepted additional areas for maintenance and as maintenance and utility costs have increased. ln 2004/05, the City accepted all the fuel modification areas for maintenance. While the cost to maintain tn'e Oistrict increased over the years, exceeding the maximum allowed to O" assessed ($45,1g6), previous years surpluses were used to hold the assessment at the lgg5 approved levy'of $2a9.i0 per parcel. This year's budget of $65,016.00 is 1g% higher than last yeir's budget of $55,016.00 due to contractual services costs.
Witn tn6 application of a credited reserves, the levy is proposed to remain at $249.70.
Adequate iuel modification reserves will remain in the District. 92 Monday, June 6, 2022, City Council Meeting
RESOLUTION NO. 22-29
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE "ENGINEERS REPORT" FOR ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2022.23 IN THE
EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT WITHIN SAID C!TY, DECLARTNG ITS INTENTION TO PROVIDE FOR ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARTNG THEREON (LLMD #8)
WHEREAS, this City Council has previously formed a Landscaping District pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972," for a maintenance district to be known and designated as
CITY OF LA VERNE
LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 8
(hereinafter referred to as the "District"); and,
WHEREAS, at this time the City Council is desirous to take proceedings to provide for the reduced annual levy of assessments for the next ensuing fisca! year to provide for the costs and expenses necessary to pay for one year of the maintenance of the improvements within said District; and
WHEREAS, at this time there has been presented to this City Council the Engineer's Report as required by Division 15 of the Streets and Highways Code, and at this time, this City Council is desirous of proceeding with the proceedings for said annual levy;
WHEREAS, this City Council has now carefully examined and reviewed the ,,Engineer's Report" as presented, and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessment, on a preliminary basis, has been spread in accordance with the benefits received from the maintenance to be performed as set forth in said "Engineer's Report'" Resolution No.22'29 93
Monday, June 6, 2022, City Council Meeting
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA AS FOLLOWS:
RECITALS
sEcTloN 1. That the above recitals are all true and correct.
PUBLIC INTEREST
SECTION 2. A. That the public interest and convenience requires, and it is the intention of this City Council to undertake proceedings for the reduced annual levy and collection of speciai assessments for the continual maintenance of certain landscaping, all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open io public inspection, and therein so referenced and made a part hereof' B. That the improvements to be maintained are substantially the same as for the previous fiscal yeai and reference is hereby made to said proceedings, and there are not substantiil changes proposed to be made in any existing improvements or maintenance thereof.
REPORT
SECTION 3.
following:
That the "Engineer's Report" as presented, consisting of the A. Plans and SPecifications
B. Estimate of Cost for one-year's assessment
C. Diagram of the Maintenance District
D. Assessment of the Reduced Estimated Cost
is hereby approved on a preliminary basis for Fisca! Year 2022-23 and is ordered to be filed in the office of ine iity cterr is a permanent record and to remain open for public inspection.
That the city clerk shall certify to the passage and adoption of this resolution and the minutes of ihis meeting shall so reflect the presentation of the "Engineer's RePort."
ASSESSMENT
sEcTloN 4. That the public interest and convenience requires, and it is the intention of this city councit to droer the annual assessment levy for the District as set Resolution No. 22'29 94
Monday, June 6, 2022, City Council Meeting
forth and described in said "Engineer's Report," and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said "Engineer's Report."
DESCRIPTION OF MAINTENANCE
SECTION S. The assessments which are to be Ievied and collected shall be for the maintenance of certain landscaping and lighting as set forth in the "Engineer's Report," referenced and incorporated herein.
COUNTY AUDITOR
SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments and shall collect said assessments at the time and in the same manner as County taxes are coltected. After collection by the County, the net amount of the assessment, after the deduction of any compensation due to the County for collection, snalite paio to the Treasurer for purposes of paying for the costs and expenses of said District.
SPECIAL FUNDS
sEcTloN 7. That all monies collected shall be deposited in the previously established fund known as
LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 8
Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in orJer to expedite the making of this maintenance and improvement' in" CitV Council may transfer into said speciat-fund, money from any available source' such funds as it may deem necessary to expedit" th." proceedings' Any funds shall be i"p"lO out of tne proteeds of the assessments provided for in this Resolution'
BOUNDARIES OF DISTRICT
SEcTloNS.Saidcontemplatedmaintenanceworkis,intheopinionofthis city Gouncil, of direct benefit to tneiioperties within the boundaries of the District, and this city council makes the costs ,nd
"*p"nses.
of said maintenance qhargeable upon
the District, which District said cit/ Councir hereby decrares to be the District benefited by said improvements and maintenance, and to be further assessed to pay the costs and expenses thereof. Said Distiict shall include each parcel of land within the boundaries of said District as said District is shown in a map as approved by this City council and on file in the office of the city clerk and so designated by the name of the District.
Resolution No.22-29 95
Monday, June 6, 2022, City Council Meeting
PUBLIC PROPERTY
SECTION 9. Any lot or parcels of land known as public property, as the same are defined in Sectio n 22663 of Division 15, Part 2, of the streets and Highways Code of the State of California, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance work.
PUBLIC HEARING
SEGTIoN 10. NoTIcE IS HEREBY GIVEN THAT ON THE 18th DAY OF JULY, 2022 AT THE HOUR OF 6:30 P.M. IN THE CITY COUNCIL CHAMBERS OF LA VERNE CITY HALL, !S THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR
THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL
LEVY OF MAINTENANCE ASSESSMENTS, TO THE EXTENT OF THE
MAINTENANCE AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION.
ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE ANNUAL LE\AT SHOULD FILE A WRITTEN PROTEST WITH THE CIry CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.
NOTICE
SECTION 11. The City Clerk is hereby authorized and directed to notice and publish the public meeting and public hearing as required by law' sEcTloN 12. That the city clerk is further directed to cause a copy of the Resolution of lntenitn to be posted upon the official bulletin board customarily used by the City for Posting of notices.
EFFECTIVE DATE
SECTION 13. This Resolution is adopted pursuant to the provisions of Section 2262g, et seq. of the Streets & Highways iode of the State of California shall take effect immediately upon its adoption.
Resolution No. 22'29 96
Monday, June 6, 2022, City Council Meeting
PROCEEDINGS INQUIRIES
SECTTON 14. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated:
CODY A. HOWING
RKA CONSULTING GROUP
398 LEMON CREEK DRIVE, SUITE E
WALNUT, CA 91789
(909) 594-9702
pASSED, AppROVED AND ADOPTED this 6rH day of June, 2022.
Tim Hepburn, Mayor
ATTEST:
Lupe Gaeta Estrella, CMC, Deputy CitY CIerk
l, Lupe Gaeta Estrella, Assistant City CIerk of the City of La Ve.rne, DO HEREBY cERTlFy that Resolution No. 22-2g was duly passed and _adopted by the said city Council at a regular meeting of the said Councit tielO on the 6"t day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution No.22-29
Lupe Gaeta Estrella, CMC, Deputy CitY Clerk
97 Monday, June 6, 2022, City Council Meeting
CITY OF LA VERNE
ENGINEER'S REPORT
AFTER FORMATION OF LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 8
FISCAL YEAR 2022123
SECTION 1. AUTHORITY FOR REPORT
This report is prepared pursuant to the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.
Landscape and Lighting District No. 8 ("District") a special benefit assessment district, provides funding for the maintenance of the neighborhood park and fuel modified landscaped areas all owned by the City of La Verne or provided for by easements to the City of La Verne.
Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value.
The boundary of the District is completely within the City limits of the City of La Verne and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of La Verne as Exhibit "A," Pages 1 thru 3). AII parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office.
SECTION 2. PLANS & SPECIFICATIONS FOR THE IMPROVEMENTS
CoMMUNITY AND NEIGHBORHOOD PARK
The community park created with the Marshall Canyon development was designed to be accessed and utilized by the neighborhoods surrounding the development. This park will thus be included in Citywide Landscaping and Lighting District Number 6 for maintenance purposes which is now being funded by the City's utility tax. The neighborhood'park, referred to in some City documents as "linear park" can be accissed by the general public from the community park but is more likely to be used by the Marshall Cinyon development. For this reason one-half of the maintenance cost oi tne tinear park has been included in District No. 8. The second half of the maintenance will be included in the General Fund budget. Maintenance of appurtenant drainage devices and facilities are included in the "District." 98 Monday, June 6, 2022, City Council Meeting
EL
The fuel modification zone is illustrated in Exhibits 62 and 63 of the Marshall Canyon Estates Specific Plan, a copy of which is on file in the Office of the City Clerk. lt has been created to protect residential land uses from wildland fires within Marshall Canyon Estates along the interface between developed and non-developed land uses.
Fire-retardant qualities useful for fuel modification procedures involve plants with a low growth habit and fuel volume with a low heat output when burned.
Fuel modification principles used implement a combination of wildfire suppression techniques currently employed by various agencies in Southern California. ln general, significant specimens of existing desirable, low fuel plant species located. within the zone will continue to be preserved, trimmed and maintained. Representative species inctude mature coast live oak, toyon, and sycamore. Areas within the zone are subject to fuel modification specifications for each hazard classification. Fuel modified slopes will provide for adequate fire safety, and minimal visual, biotic and erosion impacts.
Maintenance of appurtenant drainage devices and facilities are included in the "District." Areas to the north of the custom home area have been designated as an extreme fire hazard zone due to the character of the existing vegetation and slope. Modification procedures for the extreme fire hazard area require a 300-foot zone. The first 100 feet [zone n; from structures require 100 percent removal of vegetatiott (excluding ir"."r"i specimens) and re-vegetating with a low fuel plant species. The next 200 ieet require'a combination of fuel modification techniques.and. re-vegetation with low tuei pfalri species. Healthy oaks and other significant trees in all zones shall be pruned of ddad material a minimum of six feet above average existing grade. All areas beyond the limit of the extreme fire hazard zone (300 feet from the edge of structures) will remain in natural unmodified open space.
Limited areas of the site adjacent to the golf course and flatter portions of valleys in the custom home area represent a high fire hazard condition. Other than being a reduced zone of modification (300 feeito 200 feet), all facets of the modification procedure remain the same.
Moderatefirehazardzonesoccuraroundtheexistinghomesandinthe neigtr'borhooJ park adjacent to the golf .course. Although the existing- homes are suriounOeU on'two sides by extremeiire hazard conditions, the groves of ornamental trees and irrigated nature of the landscape create.a less hazardous condition. The iiighiy voiatife-species have been removed and the dead material on healthy oaks have Uel,ipirn"O to a minimum of six feet above average grade. Modified areas have been replanted with low fuel plant material.
SECTION 3. METHOD OF APPORTIONMENT
Thenetamounttobeassesseduponthepropertieswithinthe-Districtis "pporiion"J
UV a formula and method whic'h equally distributes the amount of benefit aiiong aff asiessable parcels. The maintenance of the slopes provides a special U"r"ni *ni"f, is received by each and every lot or parcel within the District' Assessment N". i ag ti"t 183 of Tract 4'5586) was an eiisting prior to the subdivision of Tract 45586' 99 Monday, June 6, 2022, City Council Meeting
The improvements installed with Tract 45586 were for the benefit of the new homes in Tract 45586. Because of this pre-existing condition, Lot 183 will have a zero assessment.
SECTION 4. DIAGRAM FOR THE ASSESSMENT DISTRICT
A reduced copy of the assessment diagram is attached as Exhibit "A." Full size maps are available in the office of the City Engineer. The location of this zone is north of Golden Hills Road and includes the Marshall Canyon Estates community. The area is bound generally on the west by Brydon Road, to the east by Stephens Ranch Road and to the north by open space.
SECTION 5. ASSESSMENT
The fuel modified landscaping was developed and is maintained for the benefit and enjoyment of all the properties included within the assessment district boundaries, and all parcels benefit from the improvements. The amount to be assessed upon the assessable lands within the District for fiscal year 1996-97 was $45,445.00. Since it was anticipated that the areas would not be ready for acceptance by the City for maintenance until mid-fiscal year 1996-97, the assessment was reduced by one-half over that which is anticipated to maintain the area in the originally approved "Report." For fiscal years 1997-98 thru 2003-04 the assessment was to return to the amount necessary to maintain all of the proposed fuel modified areas for a full year. Since some of ihe areas to be maintained were not accepted by the City, the assessment remained for fiscal years 1997-98 thru 2002-03 at the 1996-97 level of one-half the full year's rate. All arejs required to be maintained by the City were accepted by the City in july 2003. For fiscal year 2OO3-04 the budget was increased because of the increased coit to maintain the iinear park and drainage structures with the levy at the maximum assessment set in 1995 ($249.70 per parcel). Surpluses from the previous years were applied to balance the budgets. ln fiscal year 2017-18 the budget increased in order to ,eita." the controller's "celiular" cards. Previous surplus "reserves" were being used to balance the budget. ln fiscal years 2018-19 and2019-20, the assessment remained at the 2003-04 bv6l of $249.70'per parcel, with reserves used to balance the budget' ln fiscal year 2o2O-21 the budget decreased allowing the assessment to remain at $24g.io per parcel, with reserves again being uged to balance the budget. Forfiscal year zoit-zi the budget increased to $55,016.00. The assessment remained at $ZlS.lO per parcel with application of reserves to balance the budget' For fiscal year iOZZ-ZS ine buAget increised to address additional contractual maintenance services.
The assessment will remain at $249.70 per parcel with reserves used to balance the budget. Adequate fuel modification reserves will still remain in the district.
As required by said Act, a diagram is attached.hereto showing the District and the boundaries and dimensions of the iespective parcels of land within said District as the same existed at the time of the adoption of the Resolution of lntention and the initiation of these proceedings, as each parcel has been given a separate number upon said Diagram.
100
Monday, June 6, 2022, City Council Meeting
EXPENDITURE BUDGET
wna
MAINTENANCE ASSESSMENT DISTRICT
ACCOUNT NO.246-5209 MARSHALL CANYON DISTRICT 8
32.00 OTHER PROFESSIONAL SERVICES
32-05 ARCHITECT/ENGINEERING SERVICES
32.09 OTHER CONTRACTUAL SERVICES
43-05 CONTRACTUAL MAINT. SERVICE
o (FUEL MODIFICATION)
o 1/2 LINEAR PARK
. DRAINAGEIMPROVEMENTS
54-05 LEGAL NOTICES AND PUBLICATIONS
62-5.t ELECTRICITY UTILITY
62-52 CITY UTILITIESMATER' ETC.
64-00 MISC. MATERIALS & SUPPLIES
65-07 MATERIALS/NURSERY ITEMS
os.iO SPNIHTI-EFYIRRIGATION SUPPLIES
REGULAR SALARIES AND WAGES
PART TIME WAGES
FRINGE BENEFIT COSTS
ADMINISTRATION COSTS
TOTAL PERSONNEL SERVICE
OPERATIONAL TOTAL
FUND FOR TREE TRIMMING (5 YEAR)
COST CENTER TOTAL
CREDIT (FROM RESERVES)
TOTAL TO BE ASSESSED
$ 18,500.00
$ 0.00
$ 10,000.00
$ 7,816.00
$ 0.00
$ 2,s00.00
$ 20,000.00
$ 28,500.00
$ 57,200.00
$65,016.00
($1e,820.00)
$45,r96.00
$ 500.00
$ 700.00
$ 5,000.00
$ 0.00
$ 0.00
$ 0.00
2u2zt2sDlsrRlcr No' 8 EQUAL PARCEL ASSESSMENT (181 PARCELS) $ 249',70 101
Monday, June 6, 2022, City Council Meeting
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Monday, June 6, 2022, City Council Meeting
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106
Monday, June 6, 2022, City Council Meeting
Agenda Report
CITY OF LA VERNE
City Engineer
DATE:
TO:
SUBJECT:
June 6,2022
Honorable Mayor and City Council
Cody A. Howing, City Engineer
Maintenance District No. 84-1M, Esperanza Road Slopes; Engineer's Report
SUMMARY:
Attached for City Council review is the Engineer's Report for Maintenance District No. 84-1M. The report contains a reference to the existing plans and specifications for the area to be maintained, the estimated cost to maintain for the Fiscal Year July 1 , 2Q22 to June 30, 2023, and the assessment diagram. lt is proposed that there will be no change in the levy from the previous thirty years ($8.00 per parcel). Staff is recommending that City Council approve the Engineer's Report on a preliminary basis and set the Public Hearing for July 18,2022. (PLEASE NOTE: Council Member Carder will declare a conflict of interest and abstain from voting on this matter, because she owns property within the boundaries of Maintenance District 84-1M.)
RECOMMENDATION:
Staff is recommending that city council adopt the attached Resolution No.22-30, approving the Engineer's Report, setting the public hearing for July 18' 2022.
BACKGROUND:
Maintenance District No. 84-1M was formed in 1986. The purpose of this District is to provide for the costs and expenses necessary for the maintenance of the slopes and storm drain facilities associated with the construction of Esperanza Road. Generally, in the past few years, a minimum of effort has been necessary for this maintenance. unfortunately during the 1992, 1993, and 1 995 winter storms, significant slides occurred. The majority of the cost to repair these slides was funded by Federal monies with the District funding the difference. The 2004/05 storms caused some slope damage in which repair work was also federally funded.
Assessments since 1987 have varied from $3.98 to an assessment in 1992 0f $8.00. with the application of a credited surplus, the levy is proposed to remain at the 1992 assessment of $8.00 per parcel.
FROM:
107
Monday, June 6, 2022, City Council Meeting
RESOLUTION NO. 22.30
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS
ANGELES, STATE OF CALTFORNIA, DECLARING ITS TNTENTION TO PROVIDE FOR AN AruNUNI LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022-23IN A SPECIAL MAINTENANCE DTSTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (84-1M.)
WHEREAS, the city council of the city of La verne, has previously formed a special maintenance district pursuant to the terms of the "Municipal lmprovement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as:
CITY OF LA VERNE
MAINTENANCE DISTRICT NO. 84.1M
(hereinafter referred to as the "Maintenance District"); and, WHEREAS, at this time the city council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the works of improvement in said Maintenance District; and
WHEREAS, there has been presented and approved by this city council the Engineer,s ,,Report,, as required by raw, and this city councir is desirous of continuing with the proceedings for said annual levy'
NoW, THEREFoRE, lT lS HEREBY RESoLVED AS FoLLoWS:
RECITALS
sEcTloN 1. That the above recitals are all true and correct'
DECLARATION OF INTENTION
sEcTloN 2. That it is the intention of this legislative body, to undertake proceedings for the annual levy and collection of asseslments to pay the costs and expenses for the maintenance of the works of improvement for the above referenced Maintenance Oistrict, said works of improvement generally described as follows:
Resolution No. 22-30
108
Monday, June 6, 2022, City Council Meeting
Certain street improvements, including storm drain facilities, cut and fill slopes and appurtenant work in connection therewith, to serve and benefit properties within the boundaries of this Maintenance District'
BOUNDARIES OF MATNTENANCE DISTRICT
SECTION 3. That said works of improvement are of direct benefit to the properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area benefited by said works of improvem6nt, anO toi particulari, reference is made to the boundary map as previously
"ppror"o
by tnis legislative body, a copy. of which is on file in the office of the city clerk and open for public inspection, and- is designated by the name of this Maintenance District.
REPORT OF ENGINEER
sEcTloN 4. That the .Report" of the Engineer, as preliminarily approved-by this legislative body, is on file with the City Clerk, ant.open for public inspection' Reference is made to said ;n"port" for a full lnd detailed description of the existing works of improvement, the boundaries of the Maintenance District and the proposed assessments upon assessabre rots an parcers of rand within the Maintenance District' SECTION 5. NOTICE lS HEREBY GIVEN THAT ON THE 18th DAY OF JULY' 2022, AT THE noun oF 6:30 p.nr., rr'\r THE RE-gymR MEETING PLACE OF THE ctry couNClL, eilNo rHE COUr.t'cLl- CHnMBERS, CITY HALL, ls THE TIME AND PLACE FIXED Ei THIS LEGISLATIVE BODY FOR HEARING PROTESTS OR 'BJECTToNS
rN iiErrneucE To iHi ANNUAL LEVY oF ASSESSMENTS AND To
ANY OTHER MATTENS COUTAINED Iru TNIS RESOLUTION' ANY PERSONS WHO wrsH To .BJECT To rHE pRocEEorr.ros oR THE ANNUAL LEVY sHouLD FILE
A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET FOR THE
PUBLIC HEARING
NOTICEPUBLIC HEARING
SEcTloN6.ThattheCityClerkhasgivennoticeasrequiredbylawbycausing a copy of this nesotution to be'pubiitn"J tio (2) times in a' a newspaper of general circulation within said City; the first punlication to be completed not less than twenty (20) J"V. piiot to the date set for the pubtic hearing'
Resolution No. 22'30
109
Monday, June 6, 2022, City Council Meeting
sEcTloN 7. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below:
OCEEDTNGS INQUIRIES
CodyA. Howing, CitY Engineer
City of La Verne
3660 "D" Street
La Verne, California 91750
(909) 594-9702
PASSED, APPROVED AND ADOPTED this 6th day ol June,2O22' Tim Hepburn, MaYor
AfiEST:
Lupe Gaeta Estrella, cMc, Assistant CitY Clerk
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
l, Lupe Gaeta Estrella, Assistant City Clerk of the City of La Verne' DO HEREBY CERTIFy that Resolution flb. ZZ-SO was'duly passed and adopted by.the said City il;it at aiegutar meeting-of the said Countit'held on the 6th day of June, 2022 bv lla,
Resolution No.22-30
Lupe Gaeta Estre CMC, Assistant City Clerk
110
Monday, June 6, 2022, City Council Meeting
SECTION 1. AUTHORITY FOR REPORT
This report is prepared for Maintenance District No. 84-1M pursuant to Section 101OO.g of the Municipai lmprovement Act of 1913, being Division 12 of the Streets and Highways Code of the State of California.
SECT]ON 2. PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS plans showing the size and location of storm drain facilities and the location of slopes to be maintaiied are hereby made a part of this report and are on file in City Hall and are available for public inspection'
The storm drains and slopes shall be maintained to provide adequate protection of Esperanza Drive from storm water and storm water run-off.
Storm drains shall be inspected after each storm totaling 2-inches or more, but not less than twice-per season. Tree branches, brush, etc., shall be removed from inlet and oulet structures. Mud and sand deposits shall be called to the attention of the City Engineer and shall be removed as directed'
Slopes shall be inspected after each storm totaling 2-inches or more, but not less than twice per season. slopes shall be re-seeded as necessary to maintain an adequate root structure to control erosion. Excessive erosion shall be backfilled and re- seeded to prevent further erosion. Earth slides and slip-outs shall be called to the attention otine City Engineer and shall be repaired as directed'
CITY OF LA VERNE
ENGINEER'S REPORT
FOR
LANDSCAPE MAINTENANCE
DISTRICT NO. 84-1M
FISCAL YEAR 2022123
ESTIMATED COSTS FOR THE MAINTENANCE OF THE
IMPROVEMENTS
SECT]ON 3
Total estimated costs for the Fiscal Year 2022123 are as follows 111
Monday, June 6, 2022, City Council Meeting
EXPENDITURE BUDGET
2022123
MAINTENANCE ASSESSMENT DISTRICT
ACCOUNT NO.246-5201 DISTRICT 84.1M
PERSONNEL SERVICES
REGULAR SAI.ARIES AND WAGES
PART TIME WAGES
FRINGE BENEFIT COSTS
ADM!NISTRATION COSTS
TOTAL PERSONNEL SERVICES
OPERATIONAL
32.00 OTHER PROFESSIONAL SERVICES
32.05 ARCHITECT/ENG!NEERING SERVICES
32-09 OTHER CONTRACTUAL SERVICES
43-05 CONTRACTUAL MAINT. SERVICE
54.05 LEGAL NOTICES AND PUBLICATIONS
62-51 ELECTRICITY UTILITY
62-52 CITY UTILITIESMATER, ETC.
65.07 MATERIALS
OPERATIONAL TOTAL
COST CENTER TOTAL
CREDITED SURPLUS
TOTAL TO BE ASSESSED
$5,592.00
$0.00
$2,500.00
$6,000.00
$6,000.00
$350.00
$0.00
$0.00
$0.00
$14,850.00
$20,442.00
$10,557.00
$9,885.00
112
Monday, June 6, 2022, City Council Meeting
"Exhibit A"
SECTION 4. DIAGRAM FOR THE ASSESSMENT DISTRICT
ced copies of the assessment diagram is attached to this report and labeled Full size maps are available in the office of the city Engineer. . ASSESSMENT
Redu
SECTION 5
The north access road, Esperanza Drive, was constructed for the benefit of all of the properties included within the District boundaries. lt is imperative that these maintenance expenses be incurred in order to continue the level of benefit to each parcel. The assessment of cost upon each parcel was apportioned in accordance with the estimated benefit received.
The amount estimated to be assessed upon the assessable lands within the district is $20,442.00.
The amount is apportioned to all assessable lots per attached list. The cost per developed single-family parcel is $8.00.
As required by said Act, a diagram is attached hereto showing the District and the boundaries and dimensions of the respective parcels of land within said District as the same existed at the time of the adoption of the Resolution of lntention and the initiation of these proceedings, as each parcel has been given a separate number upon said Diagram.
113
Monday, June 6, 2022, City Council Meeting
2Q22-2023 84-1 M (1 80.53)
NO APN 2022t2023
1 2
6.1 6.2
8.1 8.1A
8.18 8.1C
8.1D
8.2 9
10 11.1
11.2 12
13.1 13.2
13.3 13.4
15.1 18
19 22.3
22.4 23.01
23.02 23.03
23.04 23.05
23.06 23.07
23.08 23.09
23.10 23.11
23.12 23.13
23.14 23.15
23.16 23.17
8678015008 $
8678015010 $
8678016002 $
8678016004 $
8678024019 $
8678024021 $
8678024022 $
8678024023 $
8678024024 $
8678023034 $
8678023001 $
8678022015 $
8678022037 $
8678022038 $
8678022012 $
8678022022 $
8678022023 $
8678022034 $
8678022035 $
8678027035 $
8678019017 $
8664043027 $
8666004007 $
8666004020 $
8666063038 $
8666063002 $
8666063003 $
8666063004 $
8666063005 $
8666063006 $
8666063007 $
8666063008 $
8666063009 $
8666063039 $
8666063040 $
8666063012 $
8666063013 $
8666063014 $
8666063015 $
8666063016 $
866606s017 $
36.26 26.13
8.00 8.00
8.00 8.00
60.24 76.17
92.25 52.26
8.00 8.00
8.00 8.00
252.15
8.00 8.00
36.26 43.71
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 5t3112022
CITY OF LA VERNE
PAGE 1 of 27
114
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO. APN
23.18 8666063018
23.19 8666063019
23.20 8666063020
23.21 8666063021
23.22 8666063022
23.23 8666063023
23.24 8666063024
23.25 8666063025
23.26 8666063026
23.27 8666063027
23.28 8666063028
23.29 8666063029
23.30 8666063030
23.31 8666063031
23.32 8666063032
23.33 8666063033
25 8666005041
26 8666005017
27.01 8666065001
27.02 8666065002
27.03 8666065003
27.04 8666065004
27.05 8666065005
27.06 8666065006
27.07 8666065007
27.08 8666065008
27.09 8666065009
27.10 8666065010
28 8664020068
29 8664020016
30 8664020017
31 8664020018
32 8664020019
33 8664020020
34 8664020021
35 8664020022
36 8664020023
37 8664020024
38 8664020025
39 8664020026
40 8664020027
:::::::=
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.oo
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.oo
$ 8.00
$ 44.28
$
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
5t3112022
CITY OF LA VERNE
PAGE 2 ot 27
115
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO APN 2022t2023
41 8664020028 $
42 8664020029 $
43 8664020030 $
44 8664020031 $
45 8664020032 $
46 8664020033 $
47 8664020034 $
48 8664020035 $
49 8664020036 $
50 8664020037 $
51 8664020038 $
52 8664020039 $
53 8664020040 $
54 8664020041 $
55 8664020042 $
56 8664020043 $
57 8664020044 $
58 8664020045 $
59 8664044001 $
60 8664044002 $
61 8664044003 $
62 8664044004 $
63 8664044005 $
64 8664044006 $
65 8664044007 $
66 8664044008 $
67 8664044009 $
68 8664044010 $
69 8664044011 $
70 8664044012 $
71 8664044013 $
72 8664044014 $
73 8664044015 $
74 8664044016 $
75 8664044017 $
76 8664044018 $
77 8664044019 $
78 8664044020 $
79 8664044021 $
80 8664044022 $
81 8664044023 $
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8,00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
5t3112022
CITY OF LA VERNE
PAGE 3 ol27
116
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO. APN 2022t2023
--------
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8664044024 $
8664044025 $
8664044026 $
8664044027 $
8664044028 $
8664044029 $
8664044030 $
8664044031 $
8664044032 $
8664044033 $
8664044034 $
8664045001 $
8664045002 $
8664045003 $
8664045004 $
8664045005 $
8664045006 $
8664045007 $
8664045008 $
8664045009 $
8664045010 $
8664045012 $
8664045013 $
8664045014 $
8664045015 $
8664045016 $
8664045017 $
8664045018 $
8664045019 $
8664045020 $
8664045021 $
8664045022 $
8664045023 $
8664045024 $
8664045025 $
8664045026 $
8664045027 $
8664045028 $
8664045029 $
8664045030 $
8664045031 $
5t3112022
CITY OF LA VERNE
PAGE 4 of 27
117
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO. APN
=:=----
123 8664045032
124 8664046001
125 8664046002
126 8664046003
127 8664046004
128 8664046005
129 8664046006
130 8664046007
131 8664046008
132 8664046009
133 8664046010
134 8664046011
135 8664046012
136 8664046013
137 8664046014
138 8664046015
139 8664046016
140 8664046017
141 8664046018
142 8664046019
143 8664046020
144 8664046021
145 8664046022
146 8664046023
147 8664046024
148 8664046025
149 8664046026
150 8664046027
151 8664046028
152 8664046029
153 8664046030
154 8664046031
155 8664046032
156 8664046033
157 8664046034
158 8664046035
159 8664046036
160 8664046037
161 8664046038
162 8664046039
163 8664046040
202212023
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.oo
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.oo
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.oo
$ 8.00
513112022
CITY OF LA VERNE
PAGE 5 of 27
118
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8664046041 $
8664046042 $
8664046043 $
8664021016 $
8664021017 $
8664021018 $
8664021019 $
8664021020 $
8664021021 $
8664021022 $
8664021023 $
8664021024 $
8664021025 $
8664047001 $
8664047002 $
8664047003 $
8664047004 $
8664047005 $
8664047006 $
8664047007 $
8664047008 $
8664047009 $
8664047010 $
8664047011 $
8664047012 $
8664047013 $
8664047014 $
8664047015 $
8664047016 $
8664047017 $
8664047018 $
8664047019 $
8664047020 $
8664047021 $
8664047022 $
8664047023 $
8664047024 $
8664047025 $
8664047026 $
8664047027 $
8664047028 $
5t3112022
CITY OF LA VERNE
PAGE 6 of 27
119
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO. APN 2022t2023
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8664047029 $
8664047030 $
8664047031 $
8664047032 $
8664047033 $
8664047034 $
8664047035 $
8664047036 $
8664047037 $
8664047038 $
8664047039 $
8664047040 $
8664047041 $
8664047042 $
8664047043 $
8664047044 $
8664047045 $
8664047046 $
8664047047 $
8664047048 $
8664047049 $
8664047050 $
8664047051 $
8664047052 $
8664047053 $
8664047054 $
8664047055 $
8664047056 $
8664047057 $
8664047058 $
8664047059 $
8664047060 $
8664047061 $
8664047062 $
8664047063 $
8664047064 $
8664047065 $
8664047066 $
8664047067 $
8664047068 $
8664047069 $
513112022
CITY OF LA VERNE
PAGE 7 of 27
120
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (180.53)
NO. APN
===----
246 8664047070
247 8664047071
248 8664047072
249 8664047073
250 8664047074
251 8664047075
252 8664047076
253 8664047077
254 8664047078
255 8664047079
256 8664021026
257 8664021027
258 8664021028
259 8664021029
260 8664021030
261 8664021031
262 8664021032
263 8664021033
264 8664021034
265 8664021035
266 8664021036
267 8664021037
268 8664021038
269 8664021039
270 8664020046
271 8664020047
272 8664020048
273 8664020049
274 8664020050
275 8664020051
276 8664020052
277 8664020053
278 8664020054
279 8664020055
280 8664020066
281 8664020067
282 8664020058
283 8664020059
284 8664020060
285 8664020061
286 8664020062
202212023
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.oo
$ 8.oo
$ 8.00
$ 8.00
$ 8.00
513112022
CITY OF LA VERNE
PAGE 8 of 27
121
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO APN 202212023
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8664020063 $
8664020064 $
8664020065 $
8664039002 $
8664039003 $
8664039004 $
8664039005 $
8664039006 $
8664039007 $
8664039008 $
8664039009 $
8664039010 $
8678063001 $
8678063002 $
8678063003 $
8678063004 $
8678063005 $
867S063006 $
8678063007 $
8678063008 $
8678063009 $
8678063010 $
8678063011 $
8678063012 $
8678063013 $
8678063014 $
8678063015 $
8678063016 $
8678063017 $
8678063018 $
8678063019 $
8678063020 $
8678063021 $
8678063022 $
8678063023 $
8678063024 $
8678063025 $
8678063026 $
8678063027 $
8678063028 $
8678063029 $
5t3112022
CITY OF LA VERNE
PAGE I of 27
122
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO APN 2022t2023
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
8678063030 $
8678063031 $
8678063032 $
8678063033 $
8678063034 $
8678062001 $
8678062002 $
8678062003 $
8678062004 $
8678062005 $
8678062006 $
8678062007 $
8678062008 $
8678062009 $
8678062010 $
867806201 1 $
8678062012 $
8678062024 $
8678062014 $
8678062015 $
8678062016 $
8678062017 $
8678062018 $
8678062019 $
8678062020 $
8666053001 $
8666053002 $
8666053003 $
8666053004 $
8666053005 $
8666053006 $
8666053007 $
8666053008 $
8666053009 $
8666053010 $
866605301 1 $
8666053012 $
8666053013 $
8666053014 $
8666053015 $
8666053016 $
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 5t31t2022
CITY OF LA VERNE
PAGE 10 of 27
123
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO. APN
369 8666053017
370 8666053018
371 8666053019
372 8666053020
373 8666053021
374 8666053022
375 8666053023
376 8666053024
377 8666053025
378 8666053026
379 8666053027
380 8666053028
381 8666053029
382 8666053030
383 8666053031
384 8666053032
385 8666053033
386 8666053034
387 8666053035
388 8666053036
389 8666053037
390 8666053038
391 8666053039
392 8666053040
393 8666053041
394 8666053042
395 8666053043
396 8666053044
397 8666053045
398 8666053046
399 8666053047
400 8666053048
401 8666053049
402 8666053050
403 8666053051
404 8666053052
405 8666053053
406 8666053054
407 8666053055
408 8666053056
409 8666053057
202212023
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.oo
5t3112022
CITY OF LA VERNE
PAGE 11 of 27
124
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO. APN
410 8666053058
411 8666053059
412 8666053060
413 8666053061
414 8666054001
415 8666054002
416 8666054003
417 8666054004
418 8666054039
419 8666054006
420 8666054007
421 8666054008
422 8666054009
423 8666054010
424 8666054011
425 8666054012
426 8666054013
427 8666054014
428 8666054015
429 8666054016
430 8666054017
431 8666054018
432 8666054019
433 8666054020
434 8666054021
435 8666054022
436 8666054023
437 8666054024
438 8666054025
439 8666054026
440 8666054027
441 8666054028
442 8666055001
443 8666055002
444 8666055003
445 8666055004
446 8666055005
447 8666055006
448 8666055007
449 8666055008
450 8666055009
::::::?_:=
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$
$ 8.00
5t3112022
CITY OF LA VERNE
PAGE 12 of 27
125
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (180.53)
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8666055010 $
8666055011 $
8666055012 $
8666055013 $
8666055014 $
8666055015 $
8666055016 $
8666055017 $
8666055018 $
8666055019 $
8666055020 $
8666055021 $
8666055022 $
8666055023 $
8666055024 $
8666055025 $
8666055026 $
8666055027 $
8666055028 $
8666055033 $
8666055034 $
8666055035 $
8666055036 $
8666055037 $
8666055038 $
8666055039 $
8666055040 $
8666055041 $
8666055042 $
8666055043 $
8666055044 $
8666055045 $
8666056001 $
8666056002 $
8666056003 $
8666056004 $
8666056005 $
8666056006 $
8666056007 $
8666056008 $
8666056009 $
513112022
CITY OF LA VERNE
PAGE 13 of 27
126
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO. APN
==-::--
492 8666056010
493 8666056011
494 8666056012
495 8666056013
496 8666056014
497 8666056015
498 8666056016
499 8666056017
500 8666056018
501 8666056019
502 8666056020
503 8666056021
504 8666056022
505 8666056023
506 8666056024
507 8666056025
508 8666056026
509 8666057068
510 8666057065
51 1 8666057006
512 8666057007
513 8666057063
514 8666057064
515 8666057010
516 8666057069
517 8666057070
518 8666057015
519 8666057016
520 8666057071
521 8666057072
522 8666057021
523 8666057022
524 8666057023
525 8666057024
526 8666057025
527 8666057026
528 8666057027
529 8666057028
530 8666057029
531 8666057030
532 8666057031
202212023
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
5t3112022
CITY OF LA VERNE
PAGE 14 of 27
127
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO. APN
533 8666057032
534 8666057033
535 8666057034
536 8666057035
537 8666057036
538 8666057037
539 8666057038
540 8666057039
541 8666057040
542 8666057041
543 8666057042
544 8666057043
545 8666057044
546 8666057045
547 8666057046
548 8666057047
549 8666057048
550 8666057049
551 8666057050
552 8678064001
553 8678064002
554 8678064003
555 8678064142
556 8678064105
557 8678064143
558 8678064144
559 8678064008
560 8678064145
561 8678064010
562 8678064153
563 8678064013
564 8678064014
565 8678064015
566 8678064016
567 8678064017
568 8678064018
569 8678064019
570 8678064020
571 8678064021
572 8678064022
573 8678064023
2022t2023
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.oo
$ 8.00
$ 8.00
5131t2022
CITY OF LA VERNE
PAGE 15 of 27
128
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO. APN
574 8678064024
575 8678064025
576 8678064026
577 8678064027
578 8678064028
579 8678064029
580 8678064030
581 8678064031
582 8678064032
583 8678064152
584 8678064036
585 8678064037
586 8678064038
587 8678064039
588 8678064040
589 8678064041
590 8678064140
591 8678064141
592 8678064150
593 8678064131
594 8678064151
595 8678064146
596 8678064147
597 8678064134
598 8678064135
599 8678064148
600 8678064149
601 8678064061
602 8678064062
603 8678064063
604 8678064064
605 8678064065
606 8678064066
607 8678064067
608 8678064068
609 8678064069
610 8678064070
611 8678064071
612 8678064072
613 8678064073
614 8678064074
202212023
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
5t3112022
CITY OF I.A VERNE
PAGE 16 of 27
129
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (180.53)
NO. APN
615 8678064075
616 8678064076
617 8678064077
618 8678064078
619 8678064079
620 8678064080
621 8678064081
622 8678064082
623 8678064083
624 8678064084
625 8666025017
626 8666025018
627 8666025019
628 8666025031
629 8666025025
630 8666025026
631 8666025027
632 8666025028
633 8666025029
634 8666025030
635 8666059001
636 8666059002
637 8666059003
638 8666060001
639 8666060002
640 8666060003
641 8666060004
642 8666060005
643 8666060006
644 8666060007
645 8666060008
646 8666060009
647 8666060054
648 8666060049
649 8666060012
650 8666060013
651 8666060014
652 8666060015
653 8666060016
654 8666060017
655 8666060018
202212023
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
5t3112022
CITY OF LA VERNE
PAGE 17 of 27
130
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO APN 2022t2023
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
8666060019 $
8666060020 $
8666060021 $
8666060022 $
8666060024 $
8666060025 $
8666060026 $
8666060027 $
8666060028 $
8666060029 $
8666060030 $
8666060031 $
8666060032 $
8666060033 $
8666060034 $
8666060035 $
8666060036 $
8666060037 $
8666060038 $
8666060039 $
8666060040 $
8666060041 $
8666060042 $
8666060055 $
8666061001 $
8666061002 $
8666061003 $
8666061004 $
8666061005 $
8666061006 $
8666061059 $
8666061060 $
8666061061 $
8666061062 $
8666061063 $
8666061012 $
8666061013 $
8666061014 $
8666061015 $
8666061069 $
8666061070 $
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 5t31t2022
CITY OF LA VERNE
PAGE 18 of 27
131
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO. APN
697 8666061071
698 8666061072
699 8666061073
700 8666061021
701 8666061022
702 8666061023
703 8666061024
704 8666061025
705 8666061026
706 8666061027
707 8666061078
708 8666061030
709 8666061031
710 8666061032
711 8666061033
712 8666061034
713 8666061077
714 8666061036
715 8666061037
716 8666061038
717 8666061039
718 8666061064
719 8666061065
720 8666061066
721 8666061067
722 8666061068
723 8666061045
724 8666061046
725 8666061047
726 8666061048
727 8666061049
728 8666061051
729 8666061052
730 8666061053
731 8666062001
732 8666062002
733 8666062003
734 8666062004
735 8666062005
736 8666062006
737 8666062007
202212023
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$
5t3112022
CITY OF LA VERNE
PAGE 19 of 27
132
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1M (180.53)
NO. APN
738 8666062009
739 8666062040
740 8666062041
741 8666062042
742 8666062013
743 8666062014
744 8666062015
745 8666062016
746 8666062017
747 8666062018
748 8666062019
749 8666062020
750 8666062021
751 8666062022
752 8666062023
753 8666062024
754 8666062025
755 8666062026
756 8666062027
757 8666062028
758 8666062029
759 8666062030
760 8666062031
761 8666062032
762 8666062033
763 8666062043
764 8666062044
765 8678065001
766 8678065002
767 8678065023
768 8678065024
769 8678065005
770 8678065006
771 8678065007
772 8678065008
773 8678065009
774 8678065010
775 8678065011
776 8678065012
777 8678065013
778 8678065014
202212023
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
5t3112022
CITY OF LA VERNE
PAGE 20 ot 27
133
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO. APN
======= ============
779 8678065015
780 8678065016
781 8678065017
782 8678065018
783 8678065019
784 8678065020
785 8678065021
786 8678066001
787 8678066002
788 8678066003
789 8678066004
790 8678066005
791 8678066006
792 8678066007
793 8678066008
794 8678066009
795 8678066027
796 8678066026
797 8678066012
798 8678066013
799 8678066014
800 8678066015
801 8678066028
802 8678066017
803 8678066018
804 8678068030
805 8678068002
806 8678068003
807 8678068004
808 8678068031
809 8678068006
810 8678068007
811 8678068008
812 8678068009
813 8678068010
814 8678068011
815 8678068032
816 8678068033
817 8678068014
818 8678068015
819 8678068016
202212023
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.oo
$ 8.00
$ 8.oo
$ 8.oo
$ 8.00
$ 8.00
513112022
CITY OF LA VERNE
PAGE 21 ot 27
134
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO.
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
APN
8678068017
867806801 I
8678068019
8678068020
8678068021
8678068034
8678069001
8678069002
8678069064
8678069004
8678069005
8678069006
8678069007
8678069008
8678069009
867806901 0
867806901 1
8678069012
867806901 3
8678069014
8678069065
8678069016
8678069017
8678069066
8678069067
8678069020
8678069021
8678069022
8678069023
8678069024
8678069068
8678069026
8678069027
8678069028
8678069029
8678069030
8678069031
8678069032
8678069079
8678069080
8678069081
:::::::=
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
5t3112022
CITY OF LA VERNE
PAGE 22 ot 27
135
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO. APN
861 8678069082
862 8678069083
863 8678069073
864 8678069039
865 8678069040
866 8678069041
867 8678069042
868 8678069043
869 8678069044
870 8678069069
871 8678070001
872 8678070002
873 8678070003
874 8678070004
875 8678070005
876 8678070006
877 8678070007
878 8678070048
879 8678070009
880 8678070010
881 8678070011
882 8678070012
883 8678070013
884 8678070014
885 8678070046
886 8678070016
887 8678070017
888 8678070018
889 8678070019
890 8678070020
891 8678070021
892 8678070022
893 8678070049
894 8678070024
895 8678070025
896 8678070026
897 8678070027
898 8678070028
899 8678070050
900 8678070030
901 8678070031
2022t2023
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
5t3112022
CITY OF LA VERNE
PAGE 23 of 27
136
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO APN 2022t2023
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937
938
939
940
941
942
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8678070032 $
8678070033 $
8678070051 $
8678070052 $
8678071043 $
8678071002 $
8678071003 $
8678071004 $
8678071005 $
8678071006 $
8678071007 $
8678071044 $
8678071045 $
8678071010 $
8678071011 $
8678071012 $
8678071013 $
8678071014 $
8678071015 $
8678071046 $
8678071047 $
8678071018 $
8678071019 $
8678071048 $
8678071049 $
8678071022 $
8678071023 $
8678071024 $
8678071025 $
8678071026 $
8678071027 $
8678071028 $
8678071029 $
8678071030 $
8678071031 $
8678071032 $
8678071050 $
8678071051 $
8678072001 $
8678072002 $
8678072003 $
5t3112022
CITY OF LA VERNE
PAGE 24 of 27
137
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1M (180.53)
NO. APN
943 8678072004
944 8678072005
945 8678072051
946 8678072054
947 8678072055
948 8678072009
949 8678072010
950 8678072011
951 8678072056
952 8678072052
953 8678072014
954 8678072015
955 8678072016
956 8678072017
957 8678072018
958 8678072019
959 8678072020
960 8678072021
961 8678072022
962 8678072057
963 8678072058
964 8678072025
965 8678072026
966 8678072027
967 8678072028
968 8678072029
969 8678072030
970 8678072031
971 8678072032
972 8678072033
973 8678072034
974 8678072035
975 8678072036
976 8678073001
977 8678073002
978 8678073003
979 8678073004
980 8678073005
981 8678073006
982 8678073015
983 8678073017
202212023
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
513112022
CITY OF LA VERNE
PAGE 25 of 27
138
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO APN 2022t2023
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 8.00
8.00 984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1,000
1,001
1,002
1,003
1,004
1,005
1,006
1,007
1,008
1,009
1 ,010
1,011
1,012
1,013
1,014
1,015
1,016
1,017
1,018
1 ,019
1,020
1,021
1,022
1,023
1,024
8678067001 $
8678067002 $
8678067003 $
8678067004 $
8678067005 $
8678067006 $
8678067007 $
8678067008 $
8678067009 $
8678067010 $
867806701 1 $
8678067012 $
8678067013 $
8678067014 $
8678067015 $
8678067016 $
8678067017 $
8678067018 $
8678067019 $
8678067020 $
8678067021 $
8678067058 $
8678067059 $
8678067060 $
8678067061 $
8678067062 $
8678067063 $
8678067064 $
8678067065 $
8678067030 $
8678067031 $
8678067035 $
8678067036 $
8678067037 $
8678067038 $
8678067039 $
8678067040 $
8678067041 $
8678067042 $
8678067043 $
8678067044 $
5131t2022
CITY OF LA VERNE
PAGE 26 of 27
139
Monday, June 6, 2022, City Council Meeting
2022-2023 84-1 M (1 80.53)
NO. APN 202212023
====-=- --r---:-
8678067045
8678067046
8678067047
8678067048
8678067049
8678067050
8678067051
8678067052
8678067053
8678067054
8678067055
8666005043
8666005044
8678016017
8678016016
8678016018
1,025
1,026
1,027
1,028
1,029
1,030
1,031
1,032
1,033
1,034
1,035
1,036
1,037
1,038
1,039
1,040
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 8.00
$ 28.33
$ 28.33
$ 212.18
$ 212.18
$ 212.18
$ 9,885.50
513112022
CITY OF LA VERNE
PAGE 27 of 27
140
Monday, June 6, 2022, City Council Meeting
o
CITY OF LAVERNE
City Ma nager's D ePa ftme nt
DATE:
TO
SUBJECT:
June6,2022
Honorable Mayor and CitY Council
Bob Russi, City Manager
Annual City Agreements for Fiscal Year 2022-2023
Once a year, the City Council considers annual agreements for renewals or extensions' As sucn, attached aie the services proposed for the coming fiscal year for City Council consideration.
staff recommends that the city council should approve the annual city agreements by ;d;ptilg-i;;"iriion tto. 22-31, which authorizes thet ayor and Assistant city clerk to exeiutelhe annual agreements as listed on the Resolution' on November 2,2020, the city revised and formalized a new Purchasing Policy that ;;;;; ih; giiarn"6 for all ;itvwide procurements,.and the processes that need to be adhered to] Revisions were made to the policy to better clarifu the procedures ,jl"t"d to awarding new contracts and renewing existing contracts as recommended LV tf'r" fi"".* Su5-Committee (Mayor Hepburn and Mayor Pro Tem Davis)' To assist council's review of these agreements following is a brief explanation of each agreement.
Athens Disposal - Provides street sweeping services throughout the city limits on a routine basis.
Provides specialized engineering services for water related functions. The firm has been the city's utility engineer for more than two decades and the firm's principal has been associated with the city's water system for more than three decades. The firm is uniquely qualified to provide necessary engineeri ng services due to their institutional knowledge of the city's water system design and operation.
Provide routine maintenance and repair of the City's traffic signals. Service is dependable and techn icians are readily familiar with equipment as most of La Verne's traffic signals use Econolite equipment.
- This committee is a non-profit group that finances
and organizes the of July events in the City. Over the years, the Committee has received a stipend of $5,000 to offset the cost of the fireworks show. 141
Monday, June 6, 2022, City Council Meeting
Agenda Report re 2022-23 Annual Agreements and Extensions June6,2022
Page2
- Provides the City of La Veme with parking enforcement officers.
Parking enforcement officers provide day and night-time parking enforcement throughout the Gity
- The Ag reement with Jones & Mayer provides for general legal services for ugh this agreement, the CitY will maintain continuity with our legal team (Bob Kress, Peter Wallin, Lisa Kranitz and Cary Reisman) while granting access to an expanded level up of resources provided by Jones & Mayer firm.
- Provides specialized legal services related to water issues. Extremely well- respected firm, lightly used servlces.
- (LCW has served the City for a number of years. LCW
provides for attorneY/legal services covering a range of City needs from emPloYee disciplinary issues to emPloyee bargaining guidance.
the City. Thro
Engineering since 1 988.
engineering review, gradi
for this fiscal year.
- Rl(A has provided contract services for Building and Safety and This includes building plan checks, building inspection services, ng plan check and inspections, and subdivision review. No change SDI (Formelv scientia consulti4g ,Grgupl - Assists the police department with some identified needs related to the digital infrastructure. - All four firmsc
provide technical support for water system controls and Morrow Meadows is also caPable of providing electrical services. Maintaining non-exclusive contracts with each firm once again provides greater assurance that services can be obtained when needed. We generally use each firm for sPecific functions, Morrow Meadows for electrical related to the water system; Tesco for system controls automation; and a new contract this fiscal year will be Jar Automation to sPecifically support the city's current Source Control and Data Acquisition (SCADA) prog ramming. Cico Electric Provides general electric repair services similar to Morrow Meadows but lacks automation Programming seruces. - All three comPanies Provide
groundwater well and pump maintenance and repair services. We maintain non-exclusive, annual contracts with all three firms to ensure that we can receive the services we need when they are needed. The annual contract also allows us to undertake the various services quickly without having to schedule everything before the city council.
Local firm providing routine HVAC and plumbing services for last 10 yearsi. The company is very familiar with our systems and controls allowing them to efficiently and effectively troubleshoot and repair most problems.
Sierra Pacific Electric Provides maintenance and repair for the City's recently acquired
Et(+l
streetlights. TheY are only one of 3 such service companies in the local 142
Monday, June 6, 2022, City Council Meeting
Agenda Report re 2022-23 Annual Agreements and Extensions June 6,2022
Withers and Sandoren. Ltd. - The City has relied upon the private firm Withers and capeArchitectureservicestoconductreviewofprivate
development improvements since 1 999.
BUSD/Crossinq Guards - The Bonita Unified School District contracts with the City of @ingguardservices.AllCrossingGuardsarehired,trained'and equippeO Oy ine City. Crossing-Guards are assigned to various locations throughout the City and'provide a safe crossing for the community during school hours. Under the agreement, the School District reimburses the City for crossing guard services.
BUSD/SCHOOL RESOURCE OFFTCER (SRg) - T-1" Bonita Unified school District and the officer (School Resource Officer or SRO).
fn6 SnO provides juvenile policing and education to Bonita High Sctrool_and Ramona Middle School. Officers assigned aJ an SRO rotate every three years. The School District authorizes by a vote of the Board of Education to pay for 50% of the Otficers' salary assigned as the SRO.
citv of San Dimas - The City of San Dimas also contracts the City for crossing guard Sen io.es at the intersection of Juanita Avenue and Walnut Avenue. 143
Monday, June 6, 2022, City Council Meeting
RESOLUTTON NO.22-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANGELES, STATE OF CALIFORNIA, AUTHORIZING ANNU
FISCAL YEAR
, COUNTY OF LOS
AL CITY AGREEMENTS FOR
BE lT RESOLVED by the City Council of the City of La Verne as follows:
Section l. That the Mayor and Assistant City Clerk of the City of La Verne are hereby authorized to execute Annual Agreements for Fiscal Year 2022-23 as follows with the Agreehents attached hereto and made a part hereof by referen@ as though the same were set forth in full herein.
1. 2.
3. 4.
5. o.
7. 8.
9. 't0.
11. 12.
't3.
14. 15.
't6.
17. 18.
19. Athens Disposal for street sweeping services
Civiltec Enqineerinq for utility engineering services
for traffic signal maintenance
Friends of the Fourth of Julv for lndependence Day events tnter4on Securitv for parking enforcement services
Jones Maver for legal services
Kidman Law. LLP for water law counsel services
Liebert Cassidv Whitmore for special legal services
for City building and safety services
for City engineering services
SDI Presence. LLC for Police department lT support
Cico Electrical for electrician for water utility
General Pump Co, for pump and well maintenance, shop labor JAR Automation for SCADA consulting and maintenance services Lavne Christensen Companv for pump and well maintenance, shop labor McLav Services for plumbing and HVAC services
Morrow-Meadows for utility system controls for SCADA system-field work for maintenance services on sheet lights
for utility control integration for SCADA system
20. Tri Countv PumD Co. provides services to repair and maintain pumps, wells, motors and controls.
144
Monday, June 6, 2022, City Council Meeting
21. 22.
23. 24.
Withers & Sandqren for landscape architectural services for crossing guard services
for school based police officer
Citv of San Dimas for crossing guard services
section 2. The Mayor shall sign and the Assistant city clerk shall-certry to.the passage and adoption of this iesolution and thereupon the same shall take effect and be in force
PASSED, APPROVED AND ADOPTED this 6th day ot June,2022' ATTEST: Tim Hepburn, Mayor
Lupe Gaeta Eskella, Assistant City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF LAVERNE )
l, Lupe Gaeta Estrella, Assistant city clerk of the City of-La Verne, Do HEREBY CERTIFY that n".6trtion No. 22-31, was duly pasied and adopted by the said City Council at a regular meeting of ine salo councit held on the 6tE day of June, 2022, and passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lupe Gaeta Estrella, Assistant City Clerk
2Resolution No. 22-31
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LA VERNE PUBLIC FINANCING AUTHORITY
Minutos of the Regular Meeting
MondaY, August 16, 202'l
4. Public Financing Authority
Minutes
l.Thecouncilchamberswasopenedtothepublicat6:00p-m.lnanefforttokeepasafe'environmentandtominimizeihespreadofthecovlD-lgvirus,thecitylimitedoccupancyto tort inaiviAuats and required masiing for all that were in aftendance. To facilitate public ;,ii;il;id;i;; thoi" ,,ino uio not wiih to attend in person, the meeting was made available virtually to residents.
2'AregularmeetingoftheLaVemePublicFinancingAuthoritywascalledtoorderatT:,16p.m.
3. Members Presen[ Wendy Lau, Rick Crosby, Muir Davis, Robin Carder' and Chairman Tim - ;i6;;;. nUr"n* rvon". hAri"ory personnlt_pr9se.ry Executive Director Bob Russi, Assistant to ih;ttt ff"s;ln Ranels, t_egit'counset ioberr Kress, and Assistant secretary Lupe Gaeta Estrella.
Public Financing Authority Minutes from the meeting of
November 15, 2021, rcceived and filed.
Assistant to the City Manager Ranells reported on the 2021 -. zoii uuOgets tor tlie La Verne Mobile Country Club; and Valley nancno fr,t]onip Home Park. He stated that annually, the . f-a verne Public Financing Authority (LVPFA) reviews and . .. aDDroves the operating budgets for the two City owned moblle nblne oart<s. The budgas do not reflect significant changes irom pievious years a-nd are attached for the Authority's consideration and adoption.
Mayor Hepburn called for public comment on this matter' There was none.
It was moved by Crosby seconded by Davis, an-duanimously carried bv roll cill to adopt Resolutions No' JPFA€1 and JpFl+i' "pptorin
g lhe 2021-2022 annual operating- budgets
ioi r-" vernE'ruoui16 Country Club and Valley Rancho Mobile Home Park.
wc*ffi fi ii3'[81",ii,,'i"Ji,?'^l!!rrye
nie LnvEnHe MoBILE couNTRY cLUB BUDGET FoR
FISCAL YEAR 2021-2022. APqroved'
ffi-.rrr.".^^i3'AETrt',["-Triiltfu ug^^iiivnilev naNcHo MoBILE HoME PARK BUDGET FoR FISCAL YEAR 2021-2022. APprcved'
Consideration for Adoption of
La Verne Mobile County Club
and Valley Rancho Mobile
Home P ak 2021'22 Budgets
JPFA Resolution No. 61'
Adopting the La Verne Mobile
Club Budget for Fiscal Year
2021-22
JPFA Resolution No. 62'
Adopting the ValleY Rancho
Mobile Home Park Budget for
FiscalYeat 202l'22
The meeting was adjourned al7:21 p m'
RespectfullY submitted,
By Lupe Gaeta Estrella' cMc
Assistant Secretary
5. 537
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3 City of La Verne/
La Verne Joint Public Financing
City Managels Office
ENGIII
SUBJECT:
TE: June6,2022
Mayor and City Council
La Verne Joint Public Financing Authority (JPFA)
Bob Russi, City Manager/Executive Director
Resolution 22-32, of the city council of the city of La Verne approving a site Lease and a Lease Agreement, and authorizing the taking of certain other actions in connection therewith
ResolutionJP|ANo.63,theBoardofDirectorsoftheLaVerneJointPublic fln"niins Artnority approving a Site Lease, a Lease Agreement and an Assignment ngr;emint, anO authbiizing the taking of certain other actions in connection therewith
on April 4, the city council directed staff to proceed with.preparing the documents necessary to issue'UonUs to support the projeAs within the Enhanced lnfrastructure Financing District. Tonight, the dii fi;;it oi i#'citv and'tn6 aoard of Directors of the Authority will consider the aythorization of i#fin"nling tr"nsac{'ron that will provide the initial funding needed to install the first EIFD projects.
It is recommended that the city council and the JPFA Board of Directors each adopt the respective resolutions captioned above.
ln 2017 the city created an Enhanced lnfrastructure Financing District. Ttre. purpose. of the district *L. to f1r"a ort? SsS mirrion in piojects that are anticipated to support the Gold Line riders as well as t""ilit"t" ini Transit Oriented Dlvenpment that is expected to occur with the addition of that service' rr,," ErFrj rrr"*. the City to runo L"ie projects through Tax lncrement Financing (TlF)' This concept l, slrif
",
to how the former Cedevelopment Agency generated funds to take on the various projects during its existence.
ln 2o2o the city council gave preliminary authorization-for the city to pursue funding alternatives to initi."t"1n" *ork schedul6d ii,.ffi Citv;" Enhanced lnfrastructure Financing District's Plan (EIFD)' sin"" 1.'"t time, staff in cottauoratlon'with the EIFD's governing board,..has been evaluating the piiii'tv'pi;i;.t.,'estimated cost, as werr as acceptable oftions to finance the work' At their March 9 meeting the EIFD was pr"""nGa ,itft an updated status report and provided authorization to proceed with issuance of a bond'
The EIFD receives its revenue by the incremental property tax. that is generated within the OirJg"rt"O "i"".
ey its nature, an Eiro neeOs time- to cieate a sustained revenue stream to support C:\Users\testrela\Desktop\Scanned ooc;m;ntsuune 6, 2022 Agenda & Reports\Flt'lAL (ELFD) KTS Comments CC Rpt'Bond Auth 20220606.doc
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Monday, June 6, 2022, City Council Meeting
the work is expected to pay for. ln order to initiate projects in a more expedient manner, the city typically fronts ihe expenses with the understanding it'wili be reimbursed by the EIFD at a later date' with that concept in mind, over the last year staff, council, and the EIFD have.been working on the mechanics of that structure. On" iriti."i action that has already taken place is the .execution of a b"Jp"iit'". ngieement Uetween in" CitV and the.ElFD. Though this instrument, the EIFD is "Ofid"iLJ
t" *iiUuise the City for any fundi expended to achieve the EIFD's purposes' several of the projects have been deemed a priority and should be completed .prior to the Gold Line ;;;ilrt opliati6nar. rnese lncrrae the pedestriin bridge and the connectivity work to facilitate movement between ora rownJulv i main campus and. [he station. This is generally E Street to S;;"-il;Ja;.ond to D str"ei. wniL runding foi the pedestrian bridge is being pursued under other "riirt, tr"&f, grants and feOLLi irnOsl, the- connectivity work and the improvements along Arrow ffign*"y are 6xleaed to be funded through a bond'
on April 4 the council gave conceptual approval to .the approach of the city issuing bonds to pay for this work with the erro reimlliiiris tn" Litv "n."
it had'i sufficient sustained revenue stream and
iii!"i"i
-Si"tt
tJ prepare a financing-transaction and return to Council for authorization' The city,s team has identified an accredited purchaser ("Purchasef') that is interested in purchasing ;it';f dildr"p;"ia ZoZz oOrig;iiJ; in-" ';piivate placement" transaction This approach to sellins City obligations has the UenEfit'ot reOuceO costs and substantial time savings Furthermore' the financial institution has ottereJto'lock" the interest rate on the proposed financing at 3'65%' Theproposedstructureisalease/leasebacktransactionwherebythecitywillleaseitsmain Corporate yard to the nutnoriiv iiJ'i'n".1"".i it back. The Citv's leaie payments will be assigned to the purchaser and will be used to repay the obrigation over a 2b year teim--Ttre only downside to this approach versus the option prisent-JJ6ine colncit at their Aprit meeting (20 year repayment versus 30) is the annual debt ."r,."-p'"vr*i would ue increased fr6m $zos,ooo to $256,000. ln reviewing rhe cirv,s future prooosition C !f fl,""ti"n it is projected that the city will receive sufficient revenues to ffi;#,ffiLi;;-d:"';;;i and continue it's other mass transit activities' For the city council,s and the Authority Board'sconsideration is the package of legal documents that the needs to be authorized ;; il; i;;.;.tion. The various conkacts and legal documents and their purposes are as follows:
oTheSiteLeasebetweenthecityofLaVerne.andtheLaVernePublicFinancingAuthority whereby the city ;;;;.";dl'" city property 6h" u"ln corporate Yard) (the 'Leased ProPertY'), to the Authority'
rTheLeaseAgreementbetweentheLaVemePublicFinancingAuthorityandtheCityofLa Verne whereby tn" dltv i""""r tne Leased propertv ua"x trom-the Authority for annual rental payments that wiil il',ffi;";;rilit'e ouii'gati6n. The Resolution establishes a not-to- exceed aggregate principal amouni oi the lease of $3 8 million' .AssignmentAgreement(Authorityonly)TheAuthority'srightsundertheLease,includingits right to receive th" il'di;;fi;ts, ire nereuv.assi6neo-to tne Purchaser, meaning that the City will make .".i"-nnJ"iri'niaf
'p"Vme*s (Oel* seriice) directly to the Purchaser'
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LEGAL REVIEW
Bond counsel and the city Attorney have reviewed the attached documentation.
FISCAL IMPACT
ATTACHi'IENTS
The current estimates of the financing are a principal amount of $3,615,000 for a term of 20 years iiirrii.gl;i-""irii tease (debt servici; paym'ents bf approximately $256,000. Lease (debt service) p"Vr",it. will be made tiom tne Cityis' Pioposition .C iunding until such time. as the EIFD's Tax i##;1 i"r"nr"t are sufficient to rirate tnb lease (debt service) payments independently' ,1. A Resolution of the city council of the city of La verne approving a site Lease and a Lease ' Ag;;;;a"na authorizlng the taking of certainother actions in connection therewith z. nhlioiutdn of the Board itolrectorE of the La Verne Public Financing Authority approving a - sit" L"".", a Lease Agreement and an Assignment Agreement, and authorizing the taking of certain other actions in connection therewith
3. Site Lease
4. Lease Agreement
5. AssignmLnt Agreement (Authority only)
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RESOLUTION NO. JPFA-63
A RESOLUTION OF THE BOARD OF RECTORS OF THE LA VERNE JOINT PUBLIC
SITE LEASE, A LEASE AGREEMENT AND ANFINANCING AUTHORITY AP
ASSIGNMENT AGREEMENT AND AUTHORIZING THE TAKING OF CERTAIN OTHER
ACTIONS IN CONNECTION THEREWTH
WHEREAS, the City of La Verne (the "City") solicited bids from prospective lenders to finance certain Projects included in the Amended and Restated Enhanced lnfrastructure Financing Plan for the Enhanced lnfrastructure Financing District No. 1;and DI
A
WHEREAS, Capital one Public Funding, LLC (the .Assignee,) provided the best responsible bid; and
WHEREAS, pursuant to a site Lease (the "site Lease',), the city will lease to the La Verne irUtlc Finanting Authority (the "Authority') certain property of the C1y as further described in the Site Lease (the "Leased Property"); and WHEREAS, the Authority, concurrently with the execution of the Site Lease, will lease the Leased Property back to the CitY Pursuant reement (the 'Lease'), in consideration for base rental payments thereunder, which rental payments the Authority will assign to the Assignee under an Assignment Agreement (the "Assignment Agreement'); and REFoRE,theBoardofDirectorsoftheLaVernePublicFinancingAuthority hereby resolve as follows:
to a Lease Ag
NOW, THE
(the "Board") does
Section{.TheforegoingrecitalsaretrueandcorrectandtheAuthorityherebyso finds and determines.
The Authority herebY aPProves the Site Lease in substantially the form on file with the Secretary of the AuthoritY and presented to the Board at this meeting. Any one of the Chair, the Executive Director, and the Treasurer of the Authority and each of them, and anY designee of anY of them (collectively, the 'Authorized fficers'), is hereby authorized and directed, for and in the name and on behalf of the AuthoritY, to execute and deliver the Site Lease, with such insertions and changes as may be apProved by the Authorized Officer executing the same, subject to the provisions of this Resolution, such approval to be conclusivelY evidenced bY such execution and delivery.
Section3.TheAuthorityherebyapprovesthe-Leaseinsubstantiallytheformonfile with th-Secretary or lre nuhoriiv'ano pi6se'nieo to the Board at this meeting Any one of the Authorized O,fficers is n"r"OV
"rl'f,oii."di
and directed, for and in the name and on behalf of the
ilii;;;ity,-6 ;ecute and o"'iirJiir," l""se, with such insertions and chanses as mav be approved by the Authoriz"J Om"tt executing the same' subject to the provisions of this i["i"i1"., t""r, approval to be conclusively evidenced by such execution and delivery' Section 4. The Authority hereby approves. the Assignment Agreement in subsrantialy the form on tit" iliit-iir! $;t'ary oi ine nutnority and piesented to the Board at this meeting. Any one ot tne'nrinorir"O-O*ii"o is herebv auihorized and directed' for and in the name and on behatf of th; fiil;r,q/, t;recut" ant deliver the Assignment Agreement, with such insertions and cnanges
-as'r"V
UL'"ppror"d by the Authorized fficer executing the same' 1 4A56.29134272.1
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subject to the provisions of this Resolution, such approval to be conclusively evidenced by such execution and delivery.
Section S. The Authorized Officers, the other officers and employees of the RutnoritFne-m-rmbers of the Board, bond counsel, municipal advisor and the other consultants to and agents of the Authority, are each hereby authorized and directed to do all things and take all actions necessary or desirable to effectuate the transactions contemplated by this Resolution, and to
-execute
such other assignments, agreements, certificates, receipts, endorsements, orders, opinions and other documents in connection with such transactions, including, without limitation, closing documents in connection with the Lease, and all actions heretofib taken by the officers, employees and agents of the Authority in connection with the Lease are hereby ratified, approved and confirmed in every respect' Section 6. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED by the Board of Directors of La Verne Public Financing Authority, at a regular meeting thereof, duly noticed in accordance with law and at which a qror6 of its me-mbers were lresent and icting throughout, held at La Verne, California, on the 6rH day of June, 2022, by the following vote:
Chair
ATTEST:
Secretary
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SITE LEASE
Dated as of June 1,2022
by and between the
CITY OF LA VERNE,
as Lessor
and the
LA VERNE PUBLIC FINANCING AUTHORITY,
as Lessee
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TABLE OF CONTENTS
ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION
Section 1.01. Definitions
Section 1.02. Article and Section Headings
Section 1.03. References to Agreement......
Section 1.04. Number and Gender...
ARTICLE II REPRESENTATIONS, COVENANTS AND WARRANTIES.............
Page
Section 2.01. Representations, Covenants and Warranties of the City....
Section 2.02. Representations, Covenants and Warranties of Authority.
ARTICLE III AGREEMENT TO LEASE; TERM OF SITE LEASE; RENTAL PAYMENT.
I
1 2
2 2
2 2
J
5 J
J
4 4
4 Section 3.01. Lease
Section 3.02. Term.........
Section 3.03. Rental PaYment
Section 3.04. Title..........
Section 3.05. No Merger
ARTICLE IV EMINENT DOMAIN; NET PROCEEDS"""""""""'
Section 4.01. Eminent Domain
Section 4.02. Application of Net Proceeds """"
ARTICLE V MISCELLANEOUS
Section 5.01. Liens.........
Section 5.02. Assignment and Subleasing by the Authori,y:::::::::::::::::
Section 5.03.
Section 5.04.
Section 5.05.
Section 5.06.
Section 5.07.
Section 5.08.
Section 5.09.
Section 5.10.
Section 5.11.
Amendment
Notices
Binding Effect............
Severability .......................
Captions
EXHIBIT A DESCRIPTION OF LEASED PROPERTY.."...
4 4
4 5
Further Assurances and Corrective Instruments
Execution in Counterparts............
Applicable Law
Authority and City Representatives
5 5
5 5
5 6
6 6
6 6
6 ...........A-l
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I
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SITE LEASE
THIS SITE LEASE, dated for convenience as of June l, 2022, by and between the CITY OF LA VERNE, a municipal corporation and general law city organized and existing under the Constitution and the laws of thi State of California (the "City"), and the LA VERNE puBLIC FINANCING AUTHORITY, a joint exercise of powers agency organized and existing under the laws of the State of Califomia (the "Authority"); and WITNESSETH:
WHEREAS, in order to raise funds to finance certain projects described in the Amended and Restated Enhanced Infrastructure Financing Plan for the Enhanced Infrastructure Financing District No. 1, the City has agreed to lease certain real property and improvements to the Authority under this Siie Leasi initially consisting of l, as such real property is ,,,or. purti.ularly described in Exhibit A hereto (the "Leased Property"), &nd the Authority has ugr..d to lease tire Leased property back to the City under a Lease Agreement dated as of June 1, {ozz 1ttr"..Lease Agreement'), blt*..n the Authority as lessor and the City as lessee, and to assign to Capital Oni public Funding, LLC (the 'oAssignee") its right to receive lease payments undir the Lease Agreement (the "Lease Payments") and its right to enforce the- provisions of the Lease Agreement, pursuant io that certain Assignment Agreement, dated as of June 1,2022,by and betwien the Authority and the Assignee (the'oAssignment Agreement"); NOW, THEREFORE, in consideration of the above premises and of the mutual covenants hereinafter contained and for other good and valuable consideration, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS AND RULES OF CONSTRUCTION
Section 1.01. Definitions. All terms specificalty defined in the Lease Agreement shall have the same respe.tiffi.-*-irrgs when used herein. In addition, the following terms defined in this Section 1.01 shall have theiespective meanings herein set forth when used herein. ,.Assignee,, means Capital One Public Funding, LLC, and its successors and assigns. ,olease Agreement" means the Lease Agreement, dated as of June 1, 2022, by and between the Authority as lessor and the City u, l-.rr.., together with any duly authorized and executed amendments thereto.
"Leased Property" has the meaning given to said term in the recitals' ..Rental period,, means each twelve-month period during the Term of the Site Lease, commencing on
-
2 in any year and ending on
-
1 in the-next succeeding year;
provided, however, tt ut tt " first Rental Period stratt commence on the Closing Date and shall end on 1,20-.
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"Site Lease" means this Site Lease, together with any duly authorized and executed amendments hereto.
Section 1.02. Article and Section Headines. Unless otherwise specified, references to Articles, Sections, and other subdivisions of this Site Lease are to be designated Articles, Sections, and other subdivisions of this Site Lease as originally executed. The headings or titles ofthe several articles and sections, and the table ofcontents appended to copies hereol shall be solely for convenience of reference and shall not affect the meaning, construction or effect of the provisions hereof.
Section 1.03. References to Agreement. The words "hereof', "herein", "hereunder", and words of similar import refer to this Site Lease as a whole.
Section 1.04. Number and Gender. The singular form of any word used herein, including terms defined as provided in Section 1.01, shall include the plural, and vice versa. The use of a word of any gender shall include all genders.
ARTICLE II
REPRESENTATIONS, COVENANTS AND WARRANTIES
Section 2.01. The City
represents, covenants and warrants to the Authority as follows:
(a) Due Organization and Existence. The City is a municipal corporation and general law city duly organized and existing under the Constitution and laws of the State. (b) Authorization. The City has good and merchantable fee title to the Leased Property. The laws of the State authorize the City to enter into this Site Lease and to enter into the transactions contemplated by and to carry out its obligations under this Site Lease, and the City has duly authorized and executed this Site Lease.
(c) No Violations. Neither the execution and delivery of this Site Lease nor the fulfrllment of or compliance with the terms and conditions hereof nor the consummation of the transactions contemplated hereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the City is now a party or by which the City is bound, or constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrances whatsoever upon any of the Leased Property or assets of the City, or upon the Leased Property, except Permitted Encumbrances.
(d) Taxes. Assessments" Impositions and Liens. All taxes, assessments or impositions of any kind with respect to the Leased Property, except current taxes, have been paid in full. There are no liens or exceptions with respect to the Leased Property other than those disclosed in the preliminary title report delivered to the Authority and the Assignee on the Closing Date.
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(e) Zoning. The Lesaed Property is properly zoned for the intended pu{pose and utilization of the Leased Property.
(0 Compliance with Lays. The City is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to the Leased Property. (g) No Litigation. There is no litigation of any kind currently pending or, to the knowledge of the City, threatened regarding the Leased Property or the City's use of the Leased Property for the purposes contemplated by this Site Lease and the Lease Agreement.
Section 2.02. Representations, Covenants and Warranties of AuthoritY. The Authority represents, covenants and warrants to the City as follows:
(a) Due Oreanization and Existence. The Authority is a joint exercise of powers agencf 6uty orgarir.a, .xisting and in good standing under the laws of the State of 'CaliforniJ; nas ftn po*-.r, authority and legal right to enter into the Site Lease; is possessed of full power, authoriiy and legal right to sublease real and personal property; and has duly authorized the execution and delivery of this Site Lease. (b) Authorization. The laws of the State authorize the Authority to enter into this Site Lease *a to enter into the transactions contemplated by and to carry out its obligations under this Site Lease, and the Authority has duly authorized and executed this Site Lease. (c) No Violations. Neither the execution and delivery of this Site Lease nor the fulfillment of o, .r-pli*". *ith the terms and conditions hereof, nor the consummation of the transactions cont.*plut.d hereby, conflicts with or results in a breach of the terms, conditions or provisionr of *y restriciion or any agreement or instrument to which the Authority is now a party or by which ihe Authority is bound, or_.constitutes a default under any of the foregoing, or iesults in the creation or imposition of any lien, charge or encumbrance whatsoever upon'*f of the Leased Property or assets of the Authority, or upon the Leased Property, except Permitted Encumbrances.
(d) No Litigation. There is no pending or, to the best knowledge of the Authority, threatened *tt"" * prr*eding before any court or administrative agency which yjll materialiy adversely affect ttre auility of itre Authority to perform its obligations under this Site Lease.
ARTICLE III
AGREEMENTTOLEASE;TERMOFSITELEASE;RENTALPAYMENT
Section 3.01. Lease. The City hereby leases the Leased Property to the Authority, and the Authority herebj tils-s trre Leased Property from the City, upon the terms and conditions set forth in this
-Site
Lease, subject only to the Permitted Encumbrances'
Section 3.02. Term. The term of this Site Lease shall commence on the Closing Date and shall end on unless such term is extended as hereinafter provided' If on , the Lease Agreement shall not be discharged by its terms, then the Term of this J
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Site Lease shall be extended until the Lease Agreement shall be discharged by its terms (but in noeventbeyondIfpriorto-,theLeaseAgreementshallbedischarged by its terms, the Term of this Site Lease shall thereupon end.
Section 3.03. Rental Pavment. The City acknowledges receipt from the Authority as and for rental here.rnder the srr* of One Dollar ($1.00), on or before the date of delivery of the assignment under the Assignment Agreement to the Assignee.
Section 3.04. Title. Fee title to the Leased Property shall reside in the City, and during the term of this Site Lease, the City shall hold fee title to the Leased Property and any and all additions which comprise fixtures, repairs, replacements or modifications to the Leased Property, including those fixtures, repairs, repiacements or modifications which are added to the Leased propert/by the City at its own eipense and which may be removed without damaging the Leased-property and including any items added to the Leased Property by the City pursuant to Section 5.9 of the Lease Agreement.
Section 3.05. No Mereer. It is the express intention of the parties hereto that this Site Lease and the obligatior"s of tfre parties hereunder shall be and remain separate and distinct from the Lease Agreeement and the o-bligations of the parties thereunder, and that during the term of the Lease no merger of title or interest occur or be deemed to occur as a result of the position of the City as lessee under the Lease Agreement and as lessor under this Site Lease, or the position of the Authority as lessee under this Site Lease.
ARTICLE IV
EMINENT DOMAIN; NET PROCEEDS
Section 4.01. Eminent Domain. If all of the Leased Property shall be taken permanentlyundertr,"@omainorsoldtoagovemmentthreateningtoexercise ih, po*., of eminent iomain, the term of this Site Lease shall cease as of the day possession shall be so taken. If less than alt of the Leased Property shalt be taken permanently, or if all of the Leased Property or any part thereof shall be taken temporarily, '1d91 the power of eminent
domain, this Site Lease sirall continue in full force and effect and shall not be terminated by virtue of such taking and the parties waive the benefit of any law to the contrary' Section 4.02. Application of Net Proceeds. The Net Proceeds of any insurance award resultingfromanyau-@eLeasedPropertyo1unyimprovementsthereon by fire 6r other casuatty,-and the Net Proceeds of any eminent domain award resulting from any event described in Seciion 4.01 hereof, shall be applied as set forth in Section 6.2 of the Lease Agreement. All such Net proceeds shall be paid to the City or the Assignee as their interests ,niy upp.* under the Lease Agreement, and ihe Authority hereby waives any and all right, title and interest which ii *uy trav! in and to any such Net Proceeds by virtue of its estate in the Leased Property under this Site Lease.
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Section 5.01. Liens. The Authority shall not, directly or indirectly, create, assume or suffler to exist any mort[-ge, pledge, lien, charge, encumbrance or claim on or with respect to the Leased property, other than the reipective rights of the Authority and the City as herein provided and the Permitted Encumbrances.
Section 5.02. Assienment and Subleasine bv the Authoritv. The Authority has leased [email protected] the right to furttrei sublease oi to assign any of its interests under this Site Lease in and to the Leased Property or any portion thereof.
Section 5.03. Amendment. Except as necessary to make amendments to this Site Lease that conform to u*.n66t, of the Leasi Agreement that do not require the consent of the Assignee, the Authority and the City will not alter, modiff or cancel, or agree or consent to alter, moaify oi cancel this Site Lease without the prior consent of the Assignee.
Section 5.04. Notices. All notices, certificates or other communications hereunder shall be suffrciently given *a .frurf be deemed to have been received 48 hours after deposit in the United States mail in first-class form with postage fully prepaid:
ARTICLE V
MISCELLANEOUS
City of La Verne
3660 "D" Street
La Verne, CA 91750
Attn: City Manager
La Veme Public Financing Authority
3660 "D" Street
La Verne, CA 91750
Attention: Executive Director
Capital One Public Funding, LLC
1307 Walt Whitman Road, 3rd Floor
Melville, New York 11747
Attention: Jonathan Lewis, President
Email : j [email protected]
If to the City:
If to the AuthoritY:
If to the Assignee:
The Authority, the Assignee and the City, by notice given hereunder' may designate different addresses to which subsequent notices, certificates or other communications will be sent.
Section 5.05. Bindine Effect. This Site Lease shall inure to the benefit of and shall be binding upon the errtto-l:ft-. city and their respective successors and assigns' 5 4872-91 57 -9424 .2
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Section 5.06. Severabilitv. In the event any provision of this Site Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
Section 5.07. Further Assurances and Corrective Instruments. The Authority and the City agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Leased Property hereby leased or intended so to be or for carrying out the expressed intention of this Site Lease.
Section 5.08. Execution in Counterparts. This Site Lease may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Section 5.09. Applicable Law. This Site Lease shall be govemed by and construed in accordance with the laws of the State.
Section 5.10. Authority and City Representatives. Whenever under the provisions of this Site Lease the approval of the Authority or the City is required, or the Authority or the City is required to take some action at the request of the other, such approval or such request shall be given for the Authority by an District Representative and for the City by a City Representative, and any party hereto shall be authorized to rely upon any such approval or request.
Section 5.11. Captions. The captions or headings in this Site Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Section of this Site Lease.
IN WITNESS WHEREOF, the Authority has caused this Site Lease to be executed in its name by its duly authorized officer; and the City has caused this Site Lease to be executed in its name by its duly authorized officers, as of the date first above written.
THE CITY OF LA VERNE, as Lessor
Name
Title:
LA VERNE PUBLIC FINANCING
AUTHORITY, as Lessee
By:
Name:
By:
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Title
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EXHIBIT A
DESCRIPTION OF LEASED PROPERTY
The Leased Property consists of certain real property, together with all buildings, facilities and other improvernents located thereon, and together with the right of ingress and egress which is more particularly described as follows:
A-1
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LEASE AGREEMENT
Dated as of June 112022
by and between the
LA VERNE PUBLIC FINANCING AUTHORITY,
as Lessor
and the
CITY OF LA VERNE, as Lessee
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TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS AND EXHIBITS .."""1
Section 1.1. Definitions """""1
Section 1.2. Exhibits """""""1
ARTICLE II REPRESENTATIONS, COVENANTS AND WARRANTIES...... "....
Section 2.1. Representations, Covenants and Warranties of the City""""" Section 2.2. Representations, Covenants and Warranties of the Authority.
ARTICLE III DEPOSIT oF MoNEYS; CoSTS oF ISSUANCE............ ...................8 Section 3.1. Deposit of Moneys """""""'8
ARTICLE IV AGREEMENT TO LEASE; TERM OF THIS LEASE AGREEMENT; LEASE PAYMENTS............... """""""8
Section 4.1. Lease """""""""8
Section 4.2. Term of Lease Agreement """"""""""'8
Section 4.3. Possession """""8
Section 4.4. Lease Payments.. """""""""9
Section 4.5. Quiet Enjoyment """"""""10
Section 4.6. Tit1e.......... """"10
Section 4.7. Additional Payments" """"11
Section 4.8. No Withholding """"' """"11
ARTICLE V MAINTENANCE; TAXES; INSURANCE; USE LIMITATIONS; AND OTHER MATTERS """""'12
Section 5.1. Maintenance, Utilities, Taxes and Assessments """""""""""12 Section 5.2. Modification of Leased Property """"'12
Section 5.3. Liability Insurance """"""'13
Section 5.4. Fire and Extended Coverage Insurance """"""""'13 Section 5.5. Rental Intemrption Insurance """""""14
Section 5.6. Reserved... """"14
Section 5.7. Insurance Net Proceeds; Form of Policies """"""'14 Section 5.8. Advances.. """"14
Section 5.9. Installation of City's Equipment """""14
Section 5'10. Liens......... """"15
Section 5.11. Reserved... """"15
Section 5.12. Environmental Covenants"""""' """"'15
Section 5.13. Financial Statements; Budgets" """""'15
ARTICLE VI DAMAGE, DESTRUCTION AND EMINENT DOMAIN; USE OF NET ....,.,.............2
...,................2
....................6
t6
l6
t6
t7
Section 6.1.
Section 6.2.
Section 6.3.
Eminent Domain
Application of Net Proceeds
Atatement of Lease Payments in the Event of Damage or
Destruction
ARTICLE VII DISCLAIMER oF WARRANTIES; ACCESS; RELEASE AND
INDEMNIFICATION
Section 7.1. Disclaimer of Warranties """"""'
t7
t7
I
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TABLE OF CONTENTS
(continued)
Page
Section 7.2. Access to the Leased Property """"""'17
Section 7.3. Release and Indemnification Covenants. """""""'18 ARTICLEVIIIASSIGNMENT,SUBLEASINGANDAMENDMENT......... .........I8 Section 8.1. Assignment by the Authority """""""'18
Section 8.2. Assignment and Subleasing by the city ................18 Section 8.3. Amendment of this Lease Agreement """"""""""19 ARTICLE IX EVENTS OF DEFAULT AND REMEDIES............... ......21 Section 9.1. Events of Default Defined """""""""'21
Section 9.2. Remedies on Default """""22
Section 9.3. No Remedy Exc1usive................ """""23 Section 9.4. No Additional Waiver Implied by One Waiver..... ..................24 Section 9.5. Application of Proceeds...'............ """'24 Section 9.6. esiignee to Exercise Rights....... """""24 Section 9.7. Agreiment to Pay Attomeys' Fees and Expenses ...................24 ARTICLE X PREPAYMENT OF LEASE PAYMENTS............... ..........24 Section 10.1. Security Deposit....' """"""24
Section 10.2. Optional Prepayment """"'25
Section 10.3. Mandatory Prepayment From Net Proceeds of Title Insurance or Eminent Domain ."""""""'25
ARTTCLE XI MISCELLANEOUS............... .......'26
Section I 1.1. Notices """"""'26
Section 1 1.2. Reserved... """"26
Section 11.3. Binding Effect........ """"""26
Section I 1.4. Severabitity """26
Section I 1.5. Net-net-net Lease """""""'26
Section 1 1.6. Further Assurances and Corrective Instruments..........' ...........26 Section 11.7. Execution in Counterparts............ """"27 Section 11.8. Applicable Law.......... """"27
Section I 1.9. euihority and City Representatives........... ............27 Section 11.10. Captions """""'27
Section 1 1.1 l. Assignee as Third Party Beneficiary..""' """""""'27 Section ll.l2.Time of the Essence """""'27
Section 11.13. Entire Agreement """""""'27
Section 11.14. Auorneyi' Fees.......... """"27
EXHIBIT A: DEFINITIONS.........'.. """""""" A-l
EXHIBIT B: DESCRIPTION OF LEASED PROPERTY"""""""' ""'B-1 EXHIBIT C: SCHEDULE OF LEASE PAYMENTS"""" """""""""'C-l ll
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LEASE AGREEMENT
This Leese AcRepurNr (this "Lease Agreement"), dated for convenience as of June l, 2022, is by and between the Le VpRNr Pusl.tc FneNcnc AursORtrv, a joint exercise of powers agency organized and existing under the laws of the State of California, as lessor (the ;,AuthoritJr',), -andLrry
or Le VeRNe, a municipal corporation organized and existing under the Constitution and laws of the State of California, as lessee (the "City").
WITNESSETH:
WHEREAS, in order to raise funds to finance certain projects described in the Amended and Restated Enhanced Infrastructure Financing Plan for the Enhanced Infrastructure Financing District No. 1, the City has, pursuant to a Site i.ute, dated as of June 1,2022 (the "Site Lease"), leased to the Authority certain real property and improvements, .initially consisting of maintenance facilities located at 2620 ist Street, La Veme, California 91750, as such real property is more particularly described in Exhibit B hereto (the "Leased Property"); and WHEREAS, the Authority proposes to lease the Leased Property back to the City pursuant to this Lease Agreement, and io assign certain of its rights and interests hereunder to c"pit"r One public- Funiing, tLC (including its successors and assigns, the "Assignee"), pursuant to that certain Assilnment Agreement, dated a-1of June l, 2022, by and between the Authority and the Assignee (the "Assignment Agreement")'
ARTICLE I
DEFINITIONS AND EXHIBITS
Section 1.1. Definitions. The terms defined in Exhibit A attached hereto and by this reference incorporateA t.*ir, "t *ed and capitalized he.r9i1 shall, for all purposes of this Lease Agreement, have the meanings ascribed to ihem in said Exhibit A unless the context clearly requires some other meaning.
Section 1.2. Exhibits. The following exhibits are attached to, and by this reference made apartof, this Lease Agreement:
Exhibit A: Definitions'
ExhibitB:ThedescriptionoftheLeasedProperty.
Exhibit C: The schedules of Lease Payments to be paid by the City hereunder with respect to the Leased Property'
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ARTICLE II
REPRESENTATIONS, COVENANTS AND WARRANTIES
Section2.l. Representations. Covenants and Warranties of the City. The City represents, covenants and warrants to the Authority and the Assignee as of the date of the execution and delivery of this Lease Agreement as follows:
(a) Due Organization and Existence. The City is a municipal corporation and general law city duly organized andvalidly existing under the Constitution and laws of the State, has full legat right, power and authority under the laws of the State to enter into this Lease Agreemeni and the Site Lease, and to carry out and consummate all transactions on its part contemplated hereby and thereby, and by proper action the City has duly authorized the execution and delivery of this Lease Agreement and the Site Lease. (b) Due Execution. The representatives of the City executing this Lease Agreement and the Site Lease have been fully authorized to execute the same pursuant to a resolution duly adopted by the City Council of the City. (c) Valid, Binding and Enforceable Obligations. This Lease Agreement and the Site Lease have been duly authoized, executed and delivered by the City and constitute the legal, valid and binding obligations of the City enforceable against the City in accordance with their respective terms.
(d) No ConJlicrs. The execution and delivery of this Lease Agreement and the Site Lease, the consummation of the transactions herein and therein contemplated and the fulfillment of or compliance with the terms and conditions hereof and thereof do not and will not conflict with or constitute a violation or breach of or default (with due notice or the passage of time or both) under any applicable law or administrative rule or regulation, or any applicable court or administrative decree or order, or any indenture, mortgage, deed of trust, lease, contract or other agreement or instrument to which the City is a party or by which it or its properties are otherwiseiubject or bound, or result in the creation or imposition of any prohibited lien, charge or encumb.*.. of any nature whatsoever upon any of the property or assets of the City, which conflict, violation, breach, default, lien, charge or encumbrance would have consequences that would materially and adversely affect the consummation of the transactions contemplated by this Lease Agreement and the Site Lease, or the financial condition, assets, properties or operations of the City.
(e) Consents and Approvals. No consent or approval of any trustee or holder of any indebtedness of the City, and no consent, permission, authorization, order or license of, or filing or registration with, any govemmental authority is necessary in connection with the .*..Iutio, *d d.liu"ry of this Leaie Agreement and the Site Lease, or the consummation of any transaction on the part of the City herein or therein contemplated, except as have been obtained or made and as are in full force and effect.
(0 No Litigation. There is no action, suit, proceeding, inquiry or investigation bifore or by any court or federal, state, municipal or other govemmental authority 2 4872-12t4-9536.3
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pending or, to the knowledge of the City after reasonable investigation, threatened against or affecting the City or the assets, properties or operations of the City which, if determined adversely to the City or its interests, would have a material and adverse effect upon the consummation of the transactions on the part of the City contemplated by or the validity of this Lease Agreement and the Site Lease, or upon the financial condition, assets, properties or operationi of the City, and the City is not in default with respect to any order or decree of any court or any order, regulation or demand of any federal, state, municipal or other govemmental authority, which default might have consequences that would materially and adversely affect the consummation of the transactions on the part of the City contemplated by this Lease Agreement and the Site Lease, or the financial conditions, assets, properties or operations of the City. (g) Status of Leased Property. The Leased Property is fully functional, operational, and in sound condition.
(h) City's Financial Position. The statement of financial position of the City as of June 30, 2021, and the related statement of activities and statement of cash flows and changes in financial position for the year then ended and the auditors' reports with respect thereto, copies of which have heretofore been furnished to the Assignee, are complete and correct and fairly present the financial condition, changes in financial position and results of operations of the City at such date and for such period, and were prepared in accordance with generally accepted accounting principles. Since the period of such statements, there has been no (i) change which would have a material adverse effect on the City and (ii) no material increase in the indebtedness of the City.
(i) No Default The City has not defaulted or failed to appropriate funds for any of its financial obligations.
0) Essential. The Leased Property and the financing pursuant to this Lease Agreement and the Assignment Agreement are essential to the City's efficient and economic operation, and are in the best interests of the City. During the term of this Lease Agreement, the Leased Property will be used by the City only for the purpose of performing one or more essential functions of the City consistent with the permissible scope of the City's authority. (k) Budget. The obligations of the City under this Lease Agreement, including without limitation the obligation to make Lease Payments, are obligations payable from the City's general fund budget or other available funds of the City. (l) Available Funds. The City has funds available for the payment of Lease Payments due during the current Fiscal Year and reasonably believes that sufficient funds can be obtained to make all Lease Payments and payments of other amounts required to be paid hereunder.
(m) Title to Leased Property; Encumbrances. The City is the owner in fee of the Leased Property, and title to the Leased Property shall remain in the City, subject to the rights of the Authority hereunder and under the Site Lease and subject to Permitted Encumbrances.
aJ
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(n) No Lien or Encumbronces. No lien or encumbrance on the Leased property materiaily impairs the City's use of the Leased Property for the pu{poses for which it is, o, -uy-r.usonably be expected to be, held. This Lease is the only lease that encumbers the Leased Property except for Permitted Encumbrances. The Leased Property is not subject to any dedication,Lasement,-right of way, reservation in patent, covenant, condition, restriction, lien or encumbrance which **ta prohibit or materially interfere with the City's use of the Leased Property as contemplated in this Lease Agreement.
(o) Flood Hazard. The Leased Property is not located in a "Special Flood HazardArea"' shown on a Flood Hazard Boundary Map or a Flood Insurance Rate Map used in connection with the National Flood Insurance Program and has not been subject to material damage from flooding.
(p) Value of Leased Property. The value of the Leased Property, based on estimated land value and replacement cost of the improvements, is $-. (q) Useful Life. The buildings located on the Leased Property have a remaining useful life that extends to at least June 1, 2052' G) Hazardous Substances. To the best of the City's knowledge, the Leased property is free'of all Hazardous Substances that would impair the City's use of the Leased property for the purposes for which it is, or may reasonably be expected to be, held or that will materiaily adversely affect the ability of the City to perform its obligations under this Lease Agreement.
(s) Taxes and Assessments. All taxes, assessments or impositions of any kind with respect to ihe Leased Property, except current taxes, have been paid' (t) The Leased Property. The City has not made, done, executed or suffered, and warrantr tt ut it will not make, do,-execute or suffer, any act or thing whereby the Assignee's interest in any property now or hereafter included in the Leased Property shall be or may be impaired, ctranged or errcumbered in any manner whatsoever except as permitted by this Lease Agreement.
(u) Role of the Assignee. The City acknowledges that:
(1) the Assignee is acting solely as assignee of the Authority's interests in this Lease for its own loan account and not as a fiduciary for the City or in the capacity of broker, dealer, municipal securities underwriter, placement agent, or municipal advisor;
(2) the Assignee has not provided, and will not provide, financial, legal (including securities law), tax, accounting or other advice to or on behalf of the City (including to any municipal advisor or placemerrt agent engaged by the City) with respect to the structuring of the financing or the execution and delivery of this Lease; (3) the Assignee has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934, aJ amended, to the City with respect to the transactions 4 4872-1214-9536.3
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relating to the structuring of the financing or the execution and delivery of this Lease and the discussions, undertakings, and procedures leading thereto; (4) each of the City, its municipal advisor and its placement agent has sought and shall seek and obtain financial, legal (including securities law), tax, accounting and othJr advice (including as it relates to structure, timing, terms and similar matters) with respect to the lease financing transaction from its financial, legal, and other advisors (and not the Assignee or its affiliates) to the extent that the City, its municipal advisor or its placement agent desires to, should, or needs to obtain such advice;
(5) the Assignee has expressed no view regarding the legal sufficiency of its representations for purposes of compliance with any legal requirements applicable to any other party, including buinot limited to the City's municipal advisor or placement agent, or the "orr..in..r of any legal interpretation made by counsel to any other party, including but not limited to counsel to the Cityk municipal advisor or placement agent, with respect to any such matters; and
(6) the transactions between the City and the Assignee are arm's- length, commercial transactions in which the Assignee is acting and has acted solely as a priicipal and for its own interest, and the Assignee has not made recommendations to the City with respect to the transactions relating to this Lease. (v) Financial Obligation Disclosure. In connection with the City's compliance *ith *y continuing disclosure undertakings (each, a "Continuing Disclosure Agriement',) enteredinto by the City pursuant to SEC Rule l5c2 12 promulgated pursuant to the Securities and Exchange Act of 1934, as amended (the "Rule"), the City believes it may be required to file with thi Municipal Securities Rulemaking Board's Electronic Municipal Market Actess system or its successor ('EMMA") notice of its incurrence of its obligations with respect to this Lease and related documents and notice of any accommodation, waiver, amendment, modification of terms or other similar events reflecting financial difficulties in connection with this Lease and related documents, in each case including a full copy thereof or a description of the material terms thereof (each such posting, an "EMMA Posting"). The City agrees that it shall not file or submit or permit the filing or submission of any EMMA Posting that includes information relating to Capital One Public Funding, LLC ("COPF"), including the following:
unredacted sensitiv6 or confidential information about COPF or its affiliates in any portion of an EMMA posting, address and account information of COPF or any afftliates, email addresses, telephone nu-6..r, fax numbers, names and signatures of officers, employees and signatories of COirf or its affiliates. The City acknowledges and agrees that COPF and its affiliates are not responsible for the City's or any other entity's (including, but not limited to, any broker-dealer's) compliance o, ,rorro-pliance (or any claims, losses or liabilities arising therefrom) with the Rule, any Continuing Disclosure Agreement or any applicable securities or other laws, including but not limited to tf,ose relating to the Rule. Subject to the City making any redactions as requested by the Assignee, the Assignee agrees that this provision does not limit the City from inciuding a copy of lnis Lease, the Site Lease, the Assignment Agreem".nt ot the closing documeits and-opinions related to this Lease, or any information set forth herein or therein, in an EMMA Posting.
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Section 2.2. Representations" Covenants and Warranties of the Authoritv. The Authority represents, covenants and warrants to the City and the Assignee as follows:
(a) Due Organization and Existence. The Authority is a joint exercise of powers agency duly organized and existing under the laws of the State of Califomia; has power io enter into tire Site Lease, this Lease Agreement and the Assignment Agreement; is possessed of full power to own and hold, improve and equip real and personal property and to lease and sell the same; has duly authorized the execution and delivery of all of the aforesaid agreements and such agreements constitute the legal, valid and binding agreements of the Authority, enforceable against the Authority in accordance with their respective terms. (b) No Encumbronces. The Authority has not pledged and will not pledge the Lease Payments or other amounts derived from the Leased Property, and from its other rights under this Lease Agreement and the Site Lease and has not mortgaged or encumbered and will not mortgage or encumber the Leased Property, except as expressly provided under the terms of the Site Lease, this Lease Agreement and the Assignment Agreement. (c) No Violations. Neither the execution and delivery of the Site Lease, this Lease Agreement or the Assignment Agreement, the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Authority is now aparty or by which the Authority is bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the Authority, or upon the Leased Property, except Permitted Encumbrances. (d) No Assignments. Except pursuant to the Assignment Agreement, the Authority will not assign this Lease Agreement or the Site Lease, its right to receive Lease Payments from the City or its duties and obligations hereunder to any other person, firm or corporation so as to impair or violate the representations, covenants and warranties contained in this Section 2.2.
(e) Execution and Delivery. The Authority has duly authorized, executed and delivered the Site Lease, this Lease Agreement and the Assignment Agreement in accordance with all applicable laws, and such documents constitute the legal, valid and binding agreements of the Auihority, enforceable against the Authority in accordance with their respective terms. (f) Consents and Approyals. No consent or approval of any trustee or holder of any indebtedness of the Authority, and no consent, permission, authorization, order or license of, oi filing or registration with, any govemmental authority is necessary in connection with the execution *d a.[ir.ry of this Lease Agreement, the Site Lease and the Assignment Agreement, or the consummation of any transaction on the part of the Authority herein or therein contemplated, except as have been obtained or made and as are in full force and effect. (g) No Litigation. There is no action, suit, proceeding, inquiry or investigation before or by anyiourt or federal, state, municipal or other govemmental authority pendin! or, to the knowledge of the Authority after reasonable investigation, threatened against 6 4872-1214-9536.3
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or affecting the Authority or the assets, properties or operations of the Authority which, if determined adversely to the Authority or its interests, would have a material and adverse effect upon the consummation of the transactions on the part of the Authority contemplated by or the uutiOity of this Lease Agreement, the Site Lease or the Assignment Agreement, or upon the financial condition, assets, properties or operations of the Authority, and the Authority is not in default with respect to any order or decree of any court or any order, regulation or demand of any federal, state, municipal or other govemmental authority, which default might have consequences that would materially and adversely affect the consummation of the transactions contemplated by this Lease Agreement, the Site Lease or the Assignment Agreement, or the financial conditions, assets, properties or operations of the Authority. (h) Role of the Assignee. The Authority acknowledges that:
(1) the Assignee is acting solely as assignee of the Authority's interests in this Lease for its own loan account and not as a fiduciary for the Authority or in the capacity of broker, dealer, municipal securities underwriter, placement agent, or municipal advisor;
(2) the Assignee has not provided, and will not provide, financial, legal (including securities law), tax, accounting or other advice to or on behalf of the Authority (including to any municipal advisor or placement agent engaged by the Authority) with respect to the structuring of the financing or the execution and delivery of this Lease; (3) the Assignee has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934, as amended, to the Authority with respect to the transactions relating to the structuring of the financing or the execution and delivery of this Lease and the discussions, undertakings, and procedures leading thereto; (4) the Authority has sought and shall seek and obtain financial, legal (including securities law), tax, accounting and other advice (including as it relates to structure, timing, tirms and similar matters) with respect to the lease financing transaction from its financial, legal, and other advisors (and not the Assignee or its affiliates) to the extent that the Authority desires to, should, or needs to obtain such advice; (5) the Assignee has expressed no view regarding the legal sufficiency of its representations for purposes of compliance with any legal requirements applicable to any other party, including but not limited to the municipal advisor or placement agent, or the correctnesi of any legal interpretation made by counsel to any other party, including but not limited to counsel to the municipal advisor or placement agent, with respect to any such matters; and
(6) the transactions between the Authority and the Assignee are arm's- length, commercial transactions in which the Assignee is acting and has acted solely as a priicipal and for its own interest, and the Assignee has not made recommendations to the Authority with respect to the transactions relating to this Lease. 7 4872-1214-9536.3
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ARTICLE III
DEPOSIT OF MONEYS; COSTS OF ISSUANCE
Section 3.1. Deposit of Moneys. On the Closing Date, the City shall receive a payment from the Assignel in the amount of $-, which amount is equal to the principal Lomponent of the Leasl Payments, upon the Assignee's payment on the Closing Date of the following amounts: (a) the Assignee shall pay an aggregate amount of $- according to separate-wriuen instructions givln by the City to the Assignee for Costs of Issuance and (b) the Assignee shall deposit an amount equal to $- with BOKF, NA as escrow agent (the ,.Esciow Agent") under that certain Escrow Agreement, dated as of June , 2022, by and among the City, the Assignee and the escrow agent.
Any amounts held by the Assignee following the transfers described in the previous paragraph rt utt U. transferred to the City, upon written request by the City to the Assignee.
ARTICLE IV
AGREEMENT TO LEASE; TERM OF THIS LEASE AGREEMENT;
LEASE PAYMENTS
Section 4.1. Lease. The Authority hereby leases the Leased Property to the City, and the City hereby leases the Leased Property from the Authority, upon the terms and conditions set forth in this Lease Agreement. The leasing of the Leased Property by the Authority to the City pursuant to this LeasJ Agreement shall not effect or result in a merger of the subleasehold estate of tf,. City and the fee interest of the City in the Leased Property.
Section 4.2. Term of Lease Agreement. The Term of this Lease Agreement shall commence on the Ctoring Dutr, *d shall end on June 1,2042, unless such term is extended as hereinafter provided. If,-on June l, 2042, this Lease Agreement shall not be discharged by its terms or if the Lease payments payable hereunder shall have been abated at any time and for any reason, and not otherwise paid'frtm rental interruption insurance or other sources, or the City shall have defaulted in its payment of Lease Payments hereunder or any Event of Default has occurred and continues without cure by the City, then the Term of this Lease Agreement shall be extended until there has been deposited with the Assignee an amount sufficient to pay all obligations due under this Lease Agreement, but in no event shall the Term of this Lease AgrJement extend beyond June l, zosz. The provisions of this Section 4.2 ate subject to the pr"ovisions of Section 6.1 relating to the taking in eminent domain of the Leased Property or any portion thereof.
Section 4.3. possession. The Authority has agreed to lease the Leased Property from the City on the Cloring Out. *d.r and pursuant to the Site Lease. The City hereby agrees to accept and take posseJsion of the Leased Property, pursuant to this Lease Agreement, on the Closing Date.
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Section 4.4. Lea,se Payments.
(a) Obligation to Pay. Subject to the provisions of Articles VI and X, the City agrees to pay to the Authority, its successors and assigns, as rental for the use and occupancy of 1119 L.ur.d Property during each Rental Period, the Lease Payments in the respective amounts specified in pitriUit C hereto, to be due and payable in immediately available funds on the respective Lease Payment Dates specified in Exhibit C hereto. The Lease Payments shall be denominated into components of principal and interest with interest calculated on the basis of a 360-day year comprised of 30-day months and based on an interest rate of 3.65%. The Lease Payment-for the Liased Property payable during any Rental Period shall be for the use of the Leased Property for such Rental Period. All Lease Payments received shall be applied first to the interest components of the Lease Payments due hereunder, then to the principal components of the Lease Payments due hereunder, but no such application of any Lease Payments that are less than the total Lease Payments due and owing shall be deemed a waiver of any default hereunder.
(b) Effect of Prepayment. In the event that the City prepays all remaining Lease Payments in full pursuant to Article X, the City's obligations under this Lease Agreement shall thereupon cease and terminate including, but not limited to, the City's obligation to pay Lease Payments under this Section 4.4; subject however, to the provisions of Section 10.1 in the case of prepayment by application of a security deposit.
In the event that the City prepays the Lease Payments in part but not in whole pursuant to Article X, such prepayment shall be credited entirely towards the prepayment of the principal components of Lease Payments in inverse chronological order. (c) Rate on Overdue Payments. In the event the City should fail to make any of the payments required in this Section 4.4, the payment in default shall continue as an obligation of the City until the amount in default shall have been fully paid, and the City agrees to piy the same with interest thereon from the date of default to the date of payment, at the rate of %o per annum.
(d) Fair Rental Value. The Lease Payments for the Leased Property and the Additional payments for each Rental Period shall constitute the total rental for the Leased property for each such Rental Period and shall be paid by the City for each Rental Period for and in consideration of the right of the use and occupancy and the continued quiet use and enjoyment of the Leased property during each Rental Period. The parties hereto have agreed and determined that the total Lear. Payments for the Leased Property and the Additional Payments represent the fair rental value of the Leased Property. In making such determination, consideration has been given to the estimated fair market value of the Leased Property, the replacement cost of the Leased Property and obligations of the parties under this Lease Aireement, the uses and purposes which may be served by the Leased Property and the benefits therefrom which will accrue to the City.
(e) Source of Payments; Budget and Appropriation. Lease Payments shall be payable from any source of available moneys of the City, subject to the provisions of Articles VI ^*b x. During the Term of this Lease Agreement, the City shall furnish to the Assignee no later 9 4872-1214-9536.3
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than February 1 of each year, a certificate stating that the City has included the Lease Payments due in that Fiscal Year in the budget that has been approved by the City Council of the City for such Fiscal Year.
The City covenants to take such action as may be necessary to include all Lease Payments due hereunder in each of its annual budgets during the Term of this Lease Agreement and to make the necessary annual appropriations for all such Lease Payments. The covenants on the part of the City herein contained shall be deemed to be and shall be construed to be duties imposed by law and it shall be the duty of each and every public official of the City to take such action anddo such things as are required by law in the performance of the official duty of such officials to enable the City to carry out and perform the covenants and agreements in this Lease Agreement agreed to be carried out and performed by the City. (0 Assignment. The City understands and agrees that all Lease Payments have been assigned by the Authority to the Assignee pursuant to the Assignment Agreement, and the City hereby consents to such assignment. The Authority hereby directs the City, and the City hereby agrees to pay to the Assignee all payments payable by the City pursuant to this Section
4.4 and Section 4.7 and all amounts payable by the City pursuant to Article X. Lease Payments shall be paid to the Assignee by wire transfer or other form of electronic payment in accordance with wriiten instructions provided by the Assignee or, with the Assignee's consent, by such other commercially reasonable method of payment, which payment instructions shall be provided by the Assignee to the City, and which may be changed from time to time by the Assignee upon notice to the City.
Section 4.5. Ouiet Enjoyment. During the Term of this Lease Agreement, the Authority shall provide the City with quiet use and enjoyment of the Leased Property, and the City shail, during such Term, peaceably and quietly have and hold and enjoy the Leased Property witirout suit, trouble or hindrance from the Authority. The Authority will, at the request of the City and at the City's cost, join in any legal action in which the City asserts its right to such possession and enjoyment to the extent the Authority may lawfully do so. Notwithstanding the foregoing, the Authority shall have the right to inspect the Leased Property as provided in Section 7.2.
Section 4.6. Title. During the Term of this Lease Agreement, the City shall hold fee title to the Leased Property and, pursuant to this Lease Agreement, leasehold title to the Leased Property and the Authority shall, pursuant to the Site Lease, hold leasehold title to the Leased property and, in each case, any and all additions which comprise fixtures, repairs, replacements or modifications to the Leased Property, subject only to Permitted Encumbrances, and except for those fixtures, repairs, replacements or modifications which are added to the Leased Property by the City at its own expense and which may be removed without damaging the Leased Property pursuant to Section 5.9.
If the City prepays the Lease Payments as permitted by Article X, makes the security deposit permitted by Section 10.1, or pays all Lease Payments during the Term of this Lease Agreement as the same become due and payable, the Authority's leasehold estate in the Leased priperty, and all right, title and interest of the Authority in and to the Leased Property, shall be 4872-12t4-9536.3
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terminated. The Authority agrees to take any and all steps and execute and record any and all documents reasonably required by the City to consummate any such termination.
Section 4.7. Additional Payments. The City shall pay or cause to be paid, when due, all costs and expenses incurred by the City and the Authority arising hereunder, including without limitation all Costs of Issuance, compensation, reimbursement and indemnification due to the Authority and the Assignee, and all costs and expenses of the City and auditors, engineers, attorneys and accountants. In addition, the City agrees to pay as Additional Payments all of the following:
(i) all taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Leased Property or upon any interest of the Authority therein or in this Lease Agreement; provided, however, the City may, at the City's expense and in its name, in good faith contest any such taxes and assessments and, in the event of such contest, may permit such taxes and assessments to remain unpaid during the period of such contest and appeal therefrom unless the Authority ihall notify the City that, in the opinion of Bond Counsel, by nonpayment of *y ,rrh items, the interest of the Authority in the Leased Property u'ill be materially endangered or the Leased Property, or any portion thereof, will be subject to loss or forfeiture, in which event the city shall promptly pay such taxes and assessments or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority;
(ii) insurance premiums, if any, on all insurance required under the provisions of Article V hereof; and
(iiD any other reasonable fees, costs or expenses incurred by the Authority in connection with the execution, performance or enforcement of this Lease Agreement or any of the transactions contemplated hereby or related to the Leased Property, including, without limitation, any amounts which may become due; provided, however, the City shall not be responsible for any costs incurred by the Authority associated with any assignment made bY the Assignee.
Amounts constituting Additional Payments payable hereunder shall be paid by the City directly to the person o, p.rion, to whom such amounts shall be payable. Th: City shall pay all such amounts when due or at such later time as such amounts may be paid without penalty or, in any other case, within 60 days after notice in writing from the Authority to the City stating the amount of Additional Payments then due and payable and the purpose thereof.
Notwithstanding any other provision of this Section 4.7, the City shall pay such additional amounts ofient during any period only to the extent that any such payment, when added to Lease payments due anJowing during such period, will not exceed the fair rental value of the Leased Property for such period.
Section 4.g. No Withholding. Notwithstanding any dispute between the Authority or the Assignee and tf,. City or *y a.fuutt by the Authority or the Assignee in any transaction with 11 4872-1214-9536.3
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the City, the City shall make all Lease Payments when due and shall not wittrhold any Lease Payments pending the final resolution of such dispute or as a setoff against any claims of the City.
ARTICLE V
MAINTENANCE; TAXES; INSURANCE; USE LIMITATIONS;
AND OTHER MATTERS
Section 5.1. Maintenance. Utilities. Taxes and Assessments. Throughout the Term of this Lease Agreement, as part of the consideration for the rental of the Leased Property, all improvement]repair and maintenance of the Leased Property shall be the sole responsibility of ttre City, and thi City shall pay, or otherwise alrange, for the payment of all utility services supplifito the Leased Property which may include, without limitation, janitor service, security, po*.r, gas, telephone, iniemit, television, light, heating, water, sewer and all other utility r.*i..r,-*a snm pay for or otherwise alrange for the payment of the cost of the repair and replacement of the ieased Property resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereof. In exchange for the Lease Payments herein provided, the Authoiity agrees to provide only the Leased Property, as hereinbefore more specificaily set forth. rn. -ity waives the benefits of subsections I and2 of Section 1932 of the ialifornia Civil Code, but such waiver shall not limit any of the rights of the City under the terms of this Lease Agreement.
The City shall also pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to tt. Authority or the City affecting the Leased Property or the ,.rp..iir. intlrests oi estates therein; provided that with respect to special.assessments or other governmental charges that may lawfuliy be paid in installments over a period of years, the City Irrat u. obligated t6 pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due.
The City may, at the City's expense and in its name, in good faith contest any such taxes, assessments, utility *d oth.r.h*g.. *d, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority shall notiff the-City that, in the opinion of counsel to ttre City, by nonpayment of any such items, the interest of the Authority in the Leased Property will be'materially endangered or the Leased Property or any part thereof will be subject to loss or forfeiture, in which .r*t the City shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in iorm satisfactory to ihe Authority and ihe Assignee, and shall provide the Assignee with updates and such other information concerning such contest as the Assignee may request from time to time.
Section 5.2. Modification of Leased Property. The City shall, at its own expense, have the right to ,r*od.l the Leased Property or to make additions, modifications and improvemeni, to the Leased Property. eU aaditions, modifications and improvements to the Leased Property shall thereafter iomprise part of the Leased Property and be subject to the provisions of tt ir Lease Agreement. Such udditiont, modifications and improvements shall not 4872-1214-9536.3
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in any way damage the Leased Property, substantially alter its nature, cause the interest component-of Lease Payments to be subject to federal income taxes (if applicable) or cause the Leased Property to be used for purposes other than those authorized under the provisions of State and federaf law; and the Leased Property, upon completion of any additions, modifications and improvements made thereto pursuant to this Section 5.2, shall be of a value which is not substantially less than the value of the Leased Property immediately prior to the making of such additions, modifications and improvements. The City will not permit any mechanic's or other lien to be established or remain against the Leased Property for labor or materials fumished in connection with any remodeling, additions, modifications, improvements, repairs, renewals or replacements made by the City pursuant to this Section 5.2; provided that if any such lien is esiablished and the City shall first notifu the Authority and the Assignee of the City's intention to do so, the City -uy in good faith contest any lien filed or established against the Leased property, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom and shall provide the Authority with full security against any loss or forfeiture which might arise from the nonpayment of any such item, in form satiifactory to the Authority. The Authority will cooperate fully in any such contest, upon the request and at the expense of the City. The City shall promptly notiff the Assignee of any such lien-and contest and shall provide the Assignee with updates and other such other information on such lien and contest as the Assignee may request.
Section 5.3. Liability Insurance. The City shall maintain or cause to be maintained, throughout the Term of this Lease Agreement, insurance policies, including a standard compiehensive general liability insurance policy or policies in protection of the City, including its fficers, agents and employees. Said policy or policies shall provide for indemnification of said parties ftainst direct or contingent loss or liability for damages for bodily and personal injury, death or property damage occasioned by reason of the operation of the Leased Property.
Said-policy or ioliiies shall provide coverage in such liability limits and be subject to such deduciiblei as tlie City deems adequate and prudent. Such liability insurance may be maintained as part of or in conjunction with any other liability insurance coverage carried by the City and may be maintained in the form of insurance maintained through a joint exercise of powers autirority created for such purpose or in the form of self-insurance by the City. The Net Proceeds of suchiiability insuranco shall be applied toward extinguishment or satisfaction of the liability with respect to which the insurance proceeds shall have been paid.
Section 5.4. Fire and Extended Coverage Insurance. The City shall maintain, or cause to be maintained throughout the Term of this Lease Agreement, insurance against loss or damage to any part of improvements constituting a portion of the Leased Property by fire and fightntg, with-extended coverage and vandalism and malicious mischief insurance. Said extended coverage insurance shall, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke and such othet hazatds as are normally covered by such insurance. Such insurance shall be in an amount equal to the lesser of (a) one hundred plrcent (100%) of the replacement cost of improvements constituting the Leased Property, or (b) it" uggrLgate principal amount of the unpaid Lease Payments. Such policy may be subject to such deductibles u. th. City shall deem prudent. Such insurance may be maintained as part of or in conjunction with any otLer fire and extended coverage insurance carried by the City and may be maintained in whole or in part in the form of insurance maintained through a joint exercise of 4872-1214-9536.3
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powers authority created for such purpose. The Net Proceeds of such insurance shall be applied as provided in Section 6.2(a).
Section 5.5. Rental Intemrption Insurance. The City shall maintain, or cause to be maintained, throughout the Term of this Lease Agreement rental intemrption or use and occupancy insurance to cover loss, total or partial, of the use of any part of the improvements constituting a portion of the Leased Property during the Term of this Lease Agreement as a result of any of the hazuds covered in the insurance required by Section 5.4, in an amount at least equal to the maximum unpaid Lease Payments due in any two consecutive calendar years. The Net Proceeds of such insurance shall be applied towards the payment of the Lease Payments in the order in which such Lease Payments come due and payable.
Section 5.6. Reserved.
Section 5.7. Insurance Net Proceeds: Form of Policies. Each policy or other evidence of insurance required by Sections 5.4 and 5.5 shall list the Assignee as a loss payee or additional insured, as applicable, shall include a lender's loss payable endorsement for the benefit of the Assignee, shall provide that all proceeds thereunder shall be payable to the Assignee as and to the extent required hereunder and shall be applied as provided in Section 6.2. The City shall pay or cause to be paid when due the premiums for all insurance policies required by this Lease Agreement.
Annually not later than February I in each year during the Term of this Lease Agreement, the City shall furnish or cause to be furnished to the Assignee evidence of all insurance policies required to be maintained by this Anicle V, which may consist of a certificate describing material terms of such policies.
In the event that any insurance maintained pursuant to Section 5.3 shall be provided in the form of self-insurance, then (a) the City shall maintain reserve balances with respect thereto in an amount deemed to be prudent by the City and (b) such self-insurance program shall be maintained by the City on an actuarially sound basis.
In the event of an amendment of this Lease Agreement pursuant to Section 8.3(c) to provide for additional lease payments, such amendment may provide for a lender, trustee or other third party to have rights to the Net Proceeds on a pari passu basis with the Assignee based on the outstanding principal component of the Lease Payments and such additional lease payments.
Section5.8. Advances. If the City shall fail to perform any of its obligations under this Article V, the Authority may, but shall not be obligated to, take such action as may be necessary to cure such failure, including the advancement of money, and the City shall be obligated to repay all such advances as soon as possible with interest at the rate specified in Section 4.4@).
Section 5.9. Installation of City's Equipment. The City may, at any time and from time to time in its sole discretion and at its own expense, install or permit to be installed items of equipment or other personal property in or upon any portion of the Leased Property. All such itemi shall remain the sole property of the City in which neither the Authority nor the Assignee shall have any interest and may be modified or removed by the City at any time provided that the 4872-12t4-9536.3
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City shall repair and restore any and all damage to the Leased Property resulting from the insiallation, modification or removal of any such items. Nothing in this Lease Agreement shall prevent the City from purchasing or leasing items to be installed pursuant to this Section 5.9 under a lease or conditional sale agreement, or subject to a vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof, provided that no such lien or security interest shall attach to any part of the Leased Property.
Section 5.10. Liens. The City and the Authority shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Leased Property, other than the respective rights of the Authority and the City as provited herein and Permitted Encumbrances. Except as expressly provided in this Article V, the City shall promptly, at its own expense, take such action as may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim, for u'hich it is responsible, if the same shall arise at any time. The City shall reimburse the Authority for any .*prrr. incurred by it in order to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim.
Section 5.1l.
Section 5.12.
Reserved.
Environmental Covenants
(a) Compliance with Laws; No Hazardous Substances. The City will comply with all Applicable Environmental Laws with respect to the Leased Property and will not use, store, generate, treat, transport, or dispose of any Hazardous Substance thereon or in a manner that would cause any Hazardous Substance to later flow, migrate, leak, leach, or otherwise come to rest on or in the Leased Property.
(b) Notification of Assignee. The City will transmit copies of all notices, orders, or statements received from any govemmental entity conceming violations or asserted violations of Applicable Environmental Laws with respect to the Leased Property and any operations conduited thereon or any conditions existing thereon to the Assignee, and the City will notifi the Assignee in writing immediately of any release, discharge, spill, or deposit of any Hazardous Substances that has occurred or is occurring that in any way affects or threatens to affect the Leased Property, or the people, structures, or other property thereon, provided that no such notifications shall create any liability or obligation on the part of the Assignee. (c) Access for Inspection. The City shall permit the Assignee, its agents, or any experts designated by the Assignee to have full access to the Leased Property during r.uronubl. busineis hours for purposes of such independent investigation of compliance with all Applicable Environmental Laws, provided that the Assignee has no obligation to do so, or any liability for any failure to do so, or any liability should it do so.
Section 5.13. Financial Statements: Budgets. Within nine months following the end of each Fiscal Year of the City during the Term of this Lease, the City shall provide the Assignee with a copy of its audited financial statements for such Fiscal Year. Such audited financial statements shall include a balance sheet, a statement of revenues, expenses and changes in fund balances for budget and actual, a statement of cash flows, notes, schedules and any attachments 4872-1214-9536.3
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to the financial statements and such other financial information as the Assignee may reasonably request. At the request of the Assignee, the City will provide the Assignee with a copy of its annual budget for any Fiscal Year and any interim updates or modifications to such budget.
ARTICLE VI
DAMAGE, DESTRUCTION AND EMINENT DOMAIN;
USE OF NET PROCEEDS
Section6.l. Eminent Domain. If all of the Leased Property shall be taken permanently under the power of eminent domain or sold to a govemment threatening to exercise the power of eminent domain, the Lease Payments shall be abated as of the day possession shall be so taken. If less than all of the Leased Property shall be taken permanently, or if all of the Leased Property or any part thereof shall be taken temporarily under the power of eminent domain, (l) this Lease Agreement shall continue in full force and effect and shall not be terminated by virtue of such taking and the parties waive the benefit of any law to the contrary, and (2) there shall be a partial abatement of Lease Payments as a result of the application of the Net Proceeds of any eminent domain award to the prepayment of the Lease Payments hereunder, in an amount to be agreed upon by the City and the Authority such that the resulting Lease Payments represent fair consideration for the use and occupancy of the remaining usable portion of the Leased Property.
Section 6.2. Application ofNet Proceeds.
(a) From Insurance Award. Within 90 days following the date of the Assignee's receipt of the Net Proceeds of any insurance award resulting from damage to or destruction of any portion of the Leased Property by fire or other caualty, the City shall determine and notifythe Assignee in writing whether it wishes to replace, repair, restore, modify or improve the Leased Property which has been damaged or destroyed, or prepay the Lease Payments in accordance with Section 10.3.
If the City fails to determine and notify the Assignee in writing of its determination, within such 90 day period, the Assignee shall apply such Net Proceeds to the prepayment of the Lease Payments in accordance with Section 10.3.
Notwithstanding the foregoing, however, if the Leased Property is damaged or destroyed in full, the Net Proceeds of such insurance shall be used by the City to rebuild or replace the Leased Property if such proceeds are not sufficient to prepay the Lease Payments in full. Any balance of the proceeds remaining after such work has been completed shall be paid by the Assignee to the City.
(b) From Title Insurance and Eminent Domain Award. The Net Proceeds of any title insurance or eminent domain award resulting from any event described in Section 6.1 shalt be paid by the City to the Assignee, as assignee of the Authority under the Assignment Agreement, *d applied to the prepayment of the Lease Payments in accordance with Section 10.3.
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Section 6.3. Abatement of Lease Pa),ments in the Event of Damaee or Destruction.
Lease payments .t utt U. uUut.a au.irrgerry period in which, by reason of damage or destruction (other than by eminent domain *hich-ii hereinbefore provided for), there is substantial interferenc. *ith the beneficial use and occupancy by the City of the Leased Property or any portion thereof (other than any portions of thi Leased Property described in Section 5.2). The iarties agree thai the amounts-oithe Lease Payments under such circumstances shall not be less than the amounts of the unpaid Lease Payments as are then set forth in Exhibit C, unless such unpaid amounts are determined to be griater than _the fair rental value of the portions of the Leased property not damaged or destroyed (giving due consideration to the factors identified in the last ..rri.n.L of Section- 4.4(d)),based upon thJopinion of an MAI appraiser with expertise in valuing such properties or othei appropriate method of valuation (and as further described in the ,.*t pirugruph), in which event the Lease Payments shall be abated such that they represent said fair rlntaivalue. Such abatement shall continue for the period commencing with such damage or destruction and ending with the substantial completion of the work of repair or reconstruction.
In the event of any ,uJh du*uge or destruction, this Lease Agreement shall continue in full force and effect and the City waiveJany right to terminate this Lease Agreement by virtue of any such damage and destructiln. Notwitirstanding the foregoing, there shall be no abatement of Lease puv.".rt, under this Section 6.3 to the eitent that the proceeds of rental intemrption insurance are available to pay Lease payments which would otherwise be abated under this Section 6.3, it Ueing hereby aectareO that su;h proceeds and amounts constitute a special fund for the payment of the Lease Payments.
ARTICLE VII
DISCLAIMER OF WARRANTIES; ACCESS;
RELEASE AND INDEMNIFICATION
Section 7.1. Disclaimer of warranties. THE AUTHORITY MAKES NO WARRANTY OR REPRESET.NAUON, ENHPR EXPRESS OR IMPLIED, AS TO THE
VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PUi.POSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY
OF THE LEASED PROPERTY OR ANY OTHER REPRESENTATION OR WARRANTY WITHRESPECTToTHELEASEDPROPERTY.INNoEVENTSHALLTHE
AUTHORITY OR ITS ASSIGNS BE LIABLE FOR INCIDENTAL, INDIRECT' SPECIAL OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE ASSIGNMENT AGREEMENT OR THIS LEASE AGREEMENT }-OR THE EXISTENCE' FURNISHING, FUNCTIoNING oR THE CITY,S USE oF THE LEASED PROPERTY. section 7.2. Access to the Leased Property. The city agrees tlat-Jhe Assignee and theAuthority,andtn.e@sSuccessorsorassigns,shallhavetherightat all reasonable times to enter upon and to eximine and inspect the Leased Property. The City further agrees that the Assignei, the Authority, and the Authority and the Assignee's successors or assigns, shall have suci rights of access to the Leased Property as may be reasonably necessary to cause the proper maintenance of the Leased property in the event of failure by the City to perform its obligations hereunder'
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Section 7.3. Relea$e and Iqdemnification Covenants. The City hereby agrees to indemniff the Assign.. urra G directors, officers, employees, agents, successors and assigns against uil.lui*r, losses and damages, including legat fees and expenses, arising out of:
(a) the use, maintenance, condition or management of, or from any work or thing done on the Leased Property by the City or any of its employees, agents, contractors, invitees or licensees,
O) any breach or default on the part of the City in the performance of any of its obligations under this Lease Agreement,
(c) any negligence or willful misconduct of the City or of any of its agents, contractors, servants, employees or licensees with respect to the Leased Property, (d) any intentional misconduct or negligence of any sublessee of the City with respect to the Leased ProPertY,
(e) the use, presence, storage, disposal or clean-up of any Hazardous Substances or toxic wastes on the Leased Property, or
(0 the failure to comply with any Applicable Environmental Laws.
No indemnification is made under this Section or elsewhere in this Lease Agreement for willful misconduct or negligence under this Lease Agreement by the Assignee or its officers, agents, employees, ,u...Jrois or assigns. The indemnity hereunder shall continue in fulI force and effect notwithstanding the full payment of all obligations under this Lease Agreement or the termination of the term of this Lease Agreement for any reason. The City agrees to promptly give notice to the Assignee of any claim or liability hereby indemnified against promptly upon leaming thereof.
ARTICLE VIII
sec,ion*,o"::.},]:'o;u,:'::;'":;^I:ffi :',,J,T*unde*hisLease Agreement, including the right to ,.r"ir. *d enforce payment of the Lease Payments to be -ia, by the City unier thislease Agreement, have been assigned to the Assignee pursuant to the Assignment Agreement.
Section g.2. Assignment and Subleasins by the City. This Lease Agreement may not beassignedbytheCit@theLeasedPropertyoranyportion-thereof subject-to, *d d"lir.ry to tt. Rutt ority and the Assignee of a certificate as to, all of the following conditions:
(a) This Lease Agreement and the obligation of the City to make Lease Payments hereunder shall remain obligations of the City; 4872-1214-9536.3
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(b) The City shall, within thirty (30) days after the delivery thereof, furnish or cause to be nrrnisneA to the Authority and the Assignee a true and complete copy of such sublease; and
(c) No such sublease by the City shall cause the Leased Property to be used for a purpor" oth., than as may be authorized under the provisions of the Constitution and laws of the State.
Section 8.3. Amendment of this Lease Asreement.
(a) Substitution of Property. The City has the option at any time and from time to time,lilth the Assignee's prior *r-iu"n consent, which shall not be unreasonably withheld or delayed, io substitut. otf,.r reaf property (the "substitute_Property") for the Leased Property or uny portio, thereof (the "Formei fioperty"), provided that the City must satisff all of the foilowing requirements which are hireby declared to be conditions precedent to such substitution:
(i)NoEventofDefaulthasoccurredandiscontinuing.
(ii) The city has filed with the Authority and the A1sien9e, an amendment hereof which adds to Exhibit B hereto a description of such Substitute Property and deletes therefrom the description of such Former Property. (iiD At the request of the Assignee, the City has obtained a CLTA or ALTA policy of titt. insurance which insures ih" City" leasehold estate hereunder in such Substitute property, subject only to Permiued Encumbrances, in an amount at least equal to the estimated value thereof.
(iv) The City has certified in writing to the Authority and the Assignee that such Substitute Property serves the municipal purposes of tlre- crlv and constitutes property which the tity-is permitted to leasJundir the laws of the State of California, and has been determined to be essential to the proper, efficient and economic operation of the City and to serve an essential governmental function of the City' (v) The Substitute Property does not cause the City to violate any of its covenants, representations and warranties made herein'
(vi) The City has certified in writing to the Authority and the Assignee that the value of the Substitute Property is at least equal to the principal components of the Lease payments for the Leased froperty and the Additional Payments- during the remainder of the Term plus the principal complnent of any additional rental for the use and occupancy of the LeaseJ froperty and the pincipal amount of any other bonds, notes, leases or other obligations secured by the Leased i'roperty and that the useful life of the Substitute Property at least extends to June t,2052'
Upon the satisfaction of all such conditions precedent, the Term of this Lease Agreement wil thereupon end as to the Former property and cgmryence as to the Substitute Property, and all references to the ror-.r property will apply with full force and effect to the Substitute Property' 4812-1214-9536.3
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The City is not entitled to any reduction, diminution, extension or other modification of the Lease payments whatsoever ai a result of such substitution. The Authority and the City will execute, deliver and cause to be recorded all documents required to discharge this Lease Agreement against the Former Property.
O) Release of Property. The City has the option at any time and from time to time, with the Assignee's prioi wriuen consent, which shall not be unreasonably withheld or delayed, to release ioy poriion of the Leased Property from this Lease Agreement and the Site Lease (the ,,Releur.d irop.rty") provided that the City has satisfied all of the following requirements which are hereby declared to be conditions precedent to such release:
(i) No Event of Default has occurred and is continuing' (ii) The City has filed with the Authority and the Assignee, an amendment hereof which removes the Released Property from this Lease Agreement and the Site Lease.
(iii) The City has certified in writing to the Authority and the Assignee that the value of the property which remains subject to this Lease and the Site Lease following such removuf ir ut least equal to the principal components of the Lease Payments for the Leased property and the Additional Fayments during the remainder of the Term plus the principal .offin nt of any additional rental for the use and occupancy of the Leased property ard the principal amount of any other bonds, notes, leases or other obligations secured bY the Leased ProPertY.
Upon the satisfaction of all such conditions precedent, the Term of this Lease Agreement will thereupon end as to the Released Property. The City is not entitled to any reduction, diminution, extension or other modification of th. Lease Payments whatsoever as a result of such release. The Authority and the City shall execute, deliver and cause to be recorded all documents required to iischarge this Lease Agreement and the Site Lease of record against the Released PropertY.
(c) Additional Lease Payments. The City has the option atany time and from time to time, with the Assignee's prior written consent, which shall not be unreasonably withheld or delayed, to amend this Lease Agreement, to pay additional amounts of rental for the use and o..,rp*ry of the Leased Property,lut only if (A) such additional amounts of rental are pledged o, urrigr"d for the puy-*i of ;y bonds, notes, leases or other obligations the proceeds of which ire applied to finance authorized expenditures of the City for the purposes of the City and (B) the City has certified in writing to the Authority and the Assignee thatthe aggregate principal urrro,rnt of (i) the Lease Payments remaining during the remainder of the Term of this Lease elreement pius (ii) all othei bonds, notes, leises or other obligations do not exceed the value of thi Leased property. In such event, the City shall engage a trustee to whom the Lease Payments shall be assigned 6r subsequent disbursement to Asiignee and the additional lender designated by the Assiglnee. The Assignee and the additional lender shall agree to authorize the trustee to exercise the remedies proviled hereunder upon the occlrrrence and during the continuance of an Event of Default.
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Any additional rights and remedies granted to the additional lender shall also be granted to the Assignee. Any such additional lease payments shall be documented in a new exhibit to this Lease-Agreement and shall not be subject to the assignment accomplished by the Assignment Agreement. The Lease Payments and such additional lease payments shall be puyubl" on a pari passu basis. The City shall be responsible for paying the Assignee's reasonable costs in connection with any such amendment. (d) Other Amendments. In addition to the amendments provided for in subsections 1a)-1c1 of this Section, the Authonty and the City may at any time amend or modiff any of the provisions of this Lease Agreement, but only: (i) with the prior written consent of the Assignee, which consent shall not be unreasonably withheld or delayed; or (ii) without the consint of the Assignee, but only if such amendment or modification isto add to the covenants and agreements of the City contained in this Lease Agreement, other covenants and agreements thereafter to be observed, or to limit or surrender any rights or power herein reserved to or conferred upon the City.
ARTICLE IX
EVENTS OF DEFAULT AND REMEDIES
Section 9.1. Events of Default Defined. The following shall be "events of default" under this Lease Agreernent and the terms "Events of Default" and "Default" shall mean, whenever they are rs.d in this Lease Agreement, with respect to the Leased Property, any one or more of the following events:
(a) Failure by the City to pay any Lease Payment, Additional Payment, additional lease payments authorized pursuant to Section 8.3(c) (which payments shall be deemed to be Lease payments for purposes of this Article IX) or other payment required to be paid hereunder at the time specified herein.
(b) Failure by the City to observe and perform any covenant, condition or agreement on iis part to be obierved or performed under this Lease Agreement, other than as referred to in clauses (a) and (0 of this Siction 9.1, for a period of thirty (30) days after written notice specifying such fhilure-and requesting that it be remedied has been given to the City by the Autirority ana the Assign
"e;
proiidrd, however, if the failure stated in the notice can be corrected, but not within the applicable period, the Authority and the Assignee shall not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the City within the applicable period and diligently pursued until the default is corrected. (c) The filing by the City of a voluntary petition in bankruptcy, or failure by the City pro*pily to lift *y "*i"rrtion,
gamishment or-attachment, or adjudication of the City as a bankrupt, oiurrigrrnent by the City foi ttre benefit of creditors, or the entry by the City into an- ugr".rnrnt-of composition with creditors, or the approval by a court of competent jurisdiction of a"petition applicabte to the City in any proceedings instituted under the provisions of the Federal Bankruptcy Act, as amended, or under any similar acts which may hereafter be enacted. 4872-t214-9536.3
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(d) Any statement, representation or warranty made by the City in or pursuant to this Lease Agreement or its execution, delivery or performance is false, incorrect, misleading or breached in any material respect and the City fails to cure such breach within 30 days after written notification from the Authority.
(e) Failure by the City to maintain insurance in form and substance as required by Article V.
(0 Any default by the City to observe any covenant, condition or agreement on its part to be observed or performed under the Site Lease or this Lease Agreement. (g) Any court of competent jurisdiction shall find or rule that the Site Lease or this Lease Agreement is not valid or binding against the City or the Authority.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Sectiong.l shall hurr hupp.*d *d be continuing, it shall be lawful for the Authority to exercise any and all remldies available pursuant to law or granted pursuant to this Lease Agreement i provided, however,that notwiihstanding anything herein to the contrary, there shall be-no right under any circumstances to accelerate the Lease Payments or otherwise declare any Lease payments ,roi th.n in default to be immediately due and payable. Each and every covenant hereof to be kept and performed by the City is expressly made a condition and upon the breach thereof, the Authority may exercisl any and all rights of entry and re-entry upon the Leased Property, and also, at its option, with or without such entry, ffi&Y terminate this Lease Agreementiprouid.a, that no such iermination shall be effected either by operation of law or acts of-the parties hereto, except only in the manner herein expressly provided. In the event of such default and notwithrt*aing any re-entry by the Authority, the City shall, as herein expressly provided, continue to remaln UaUte for the payment of lhe Lease Payments and/or damages for breach of this Lease Agreement and the p.ifor**.e of all conditions herein contained and' in any event such rent *d/ot damages stratt Ue payable to the Authority at the time and in the manner as herein Provided, to wit:
(a) In the event the Authority does not elect to terminate this Lease Agreement in tire manner hereinafter provided for in subparagraph (b) hereol the City agrees to and shall remain liable for the payment of all Lease Payments and the performance of all conditions herein contained and shall reimburse the Authority for any deficiency arising out of the re-leasing of the Leased Property, or, in the event the Authority is unable to re-lease the Leased propJrty, then for the fuli amount of all Lease Payments to the end of the Term of this Lease Agreement, but said Lease Payments and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of Lease Payments hereunder, notwithstanding such entry or re-entry by the Authority or any suit in unlawful detainer, or otherwise, brought by the Authority for the purpose of effecting such re-entry or oUtuirring possession-of the Leased Property or the exercise of any other remedy by the Authorit!.'The Citv hereby irrevocably appointl the Authority as the age_nt and attomey-in-fact of the City to enter upon and re-leas. ih. i.ur.d Property in the event of default by the City in the performun.. of uriycovenants herein contained to be performed by the City and to remove all personal property whatsoever situated upon the Lgase{ Property, to place such property in storage or other suitable place within San Bernardino County, for the account of and at the 4872-1214-9536.3
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expense of the City, and the City hereby exempts and agrees to save harmless the Authority from any costs, loss oi damage whatsoevei arising or occasioned by any such entry upon and re- leasing of the Leased froperty and the remoroal and storage of such property by the Authority or its dul'y authorized agents in Lccordance with the provisions herein contained. The City hereby waives any and all Jaims for damages caused or which may be caused bythe Authority in re- entering and taking possession of the Leased Property as herein provided and all claims for damages that may iesult from the destruction of or injury to the Leased Property and all claims for dimages to oi loss of any property belonging to the City that may be- in or upon the L-eased property." The City agrees t[at ttre terms of iniJ Lease Agreement constitute full and sufficient notice or tn. right of Ihe Authority to re-lease the Leased Property in the event of such re-entry without effecting a surrender of ihis Lease Agreement, and further agrees that no acts of the Authority in efdcting such re-leasing shall constitute a surrender or termination of this Lease Agreement inespectiie of the term for which such re-leasing is made orthe l.ryt and conditions of such re-leasing, or otherwise, but that, on the contrary, in the event of such default by the City the right to terminate this Lease Agreement shall vest in the Authority to be effected in the sole and eiclusive maruler hereinafter provided for in paragraph (b) hereof' (b) In an Event of Default hereunder, the Authoity at its option may terminate this Lease Agreement and re-lease all or any portion of the Leased Property for the sole purpose of providi'ng for the payment to the Authority of the amounts owed by the City under this Lease Agreem"ent. In the-event of the termination of this Lease Agreement by-+e Authority at its optiin and in the mamer hereinafter provided on account of default by the City t*a not*ithstanding any re-entry upon the Leased Property by the A-uthority in any manner whatsoever or the re--leasing of the Leased Property), the city nevertheless agrees to pay to the Authority all costs, loss or Ju*ug.. howsoever arising or occurring payabfe at the same time and in the same manner as is herein provided in the case of payment of Lease Payments and Additional payments. Any surplus received by the Authority from such re-leasing shall be credited towards the Lease payments next coming due and payable. Neither notice to pay rent or to deliver up possession of the premises given pursuant to law nor any proceeding in unlawful detainer taken by the Authority ,t dt or itself opirate to terminate this Lease Agreement,- and no termination of this Lease Agreement on u..ourrt of default by the City.shall be or become effective by operation of rai, or otherwise, unless and until the Authority shall have given written notice to th; city of ihe election on the part of the Authority to terminate this Lease Agreement. The City .or.rrants and agrees that no surrender of the Leased Property and/or of the remainder of the Term of this Lease Agreement or any termination of this Lease Agreement shall be varid in any manner or for *y fiurpore whatsoever unress stated or accepted by the Authority by such written notice.
(c) Any amounts received by the Authority in respect of the Lease Payments or the deficiency under this Section 9.2 andany surplus amounts received from re-leasing under this Section q.z shatt be applied against the unpaid installments of the principal component of the Lease Payments in inveise ordei of due daG, and the interest component of each remaining Lease Payment shall be reduced by the aggregate corresponding amount of interest which would ott.r*ir. be payable on the principal component thereby prepaid.
Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reservedto the Authority is intena.a to u**.tus*6d-.u.ry such remedy shall be cumulative and shall be 4872-1214-9536.3
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in addition to every other remedy given under this Lease Agreement now or.hereafter existing at law or in equity. No delay or omiision to exercise any right or power accruing upon any default shall impaii any such right or power or shall be construed to be a waiver thereof, but any such right and po*.i may beiexerciied from time to time and as often as may be deemed expedient.
In order to entitle the Authority to exercise any remedy reserved to it in this Article IX it shall not be necessary to give any notice, other than such notice as may be required in this Article IX or by law.
Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in thi, L.use Agreement shouid be breached by either party and thereafter #aived by the other party, such waiier shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder' Section 9.5. Application of Proceeds. All net proceeds received from the re-lease or other disposition of the t.ur.d prop.rty rra.r this Article_IX, and all other amounts derived by the Authority or the Assignee as a resuli of an Event of Default hereunder, shall be transferred to the Assignee promptly .rion receipt thereof and after payment of all fees and expenses of the errign..] including indemnifications and attorneys fees, shall be held by the Assignee in escrow to bJapplied to theLease Payments in order of payment date.
Section 9.6. Assignee to Exercise Rights. Such rights and-remedies as are given to the Authority under thir Arti.l. lX t ur. U.r, uttign"d by the Authority to the Assignee under the Assignment Agreement, to which assignment the -!ity hereby consents' Such rights and remedies shall be exercised by the Assignee, as provided herein.
Section 9.7. Agreement to Pay Afforneys' Fees and Expenses'- If *y party to this Lease Agreement defaults under any orTE pr*irio* hereof and the nondefaulting party or the Assignee should.n,lpioy attorneys (including in-hou-se legal counsel) or incur other expenses for the collection of -o'n.yr or the Lnio...rn.nl or perfornance or observance of any obligation or agreement on the part of tne defaulting party herein contained, the defaulting party agrees that it will on demand therefor pay to thetndlfaulting party or the Assignee, as applicable' the reasonable fees of suct attorneys (including alloiable tosts and expenses of in-house legal counsel, ifany) and such other reasonable.*f.nt.t so incurred by the nondefaulting party or the Assignee, as aPPlicable.
ARTICLE X
PREPAYMENT OF LEASE PAYMENTS
Sectionl0.l.Securit},Deposit.NotwithstandinganyotherprovisionofthisLease Agreement, the City ;t[""y d"tq secure the payment of all or a portion of the Lease payments remainini due by an irrlvocable deposit with-the Assignee or an escrow holder under *.r.ro* deposit and trust agreement, of:
(a) in the case of a security deposit-relating to all Lease Payments, either (i) cash in an amount which is suffrcient to pay att unpaia Lease Payments, including the principal and interest components thereof, in ur.ord*ce with the Lease Payment schedule set forth in 4872-1214-9536.3
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Exhibit C, or (ii) Defeasance Obligations in such amount as will, in the written opinion of an independent certified public accountant, together with interest to accrue thereon and, if required, all or a portion of moneys or Federal Securities or cash then on deposit and interest eamings thereon, ie fully sufficient to pay all unpaid Lease Payments on their respective Lease Payment Dates (or date of prepayment, if applicable); or
(b) in the case of a security deposit relating to a portion of the Lease Payments, a certificate executed by a City Representative- designating the portion of the Lease payments'to which the deposit pertains, and either (i) cash in an amount which is sufficient to puv tt. portion of the Liase Fayments designated in such City Representative's certificate, inrr"oing the principal and intereit ,o-pon.nis thereof, or (ii) Defeasance obligations in such amount as will, together with interest to be received thereon, if any, in the written opinion of an inJrp"na.nt certifrea public accountant, be fully sufficient to pay the portion of the Lease Payments designated in ttre aforesaid City Representative's certificate' In the event of a deposit pursuant to this Section 10.1 as to all Lease Payments and the payment of all fees, .*p.nr", *d ind.-nifications owed to the Assignee, all obligations of the 'ciiy ura., this Lease .dgreement shall cease and terminate, excepting only the obligation of the City to make, or cause ti be made, all payments froT the deposit made by rh: City pursuant to this Section 10.1, and title to the Leased Pioperty shall vest in the City on the date of said deposit automatically and without fi.rther action by the city or the Authority. said deposit and interest .urnirgr thereon shall be deemed to be and shall constitute a special fund for the payments pr*iOIA for by this Section 10.1 and said obligation shall thereafter be deemed to be and shall constitute the instailment purchase obligation of th. city for the Leased Property. Upon said deposit, the Authority will execute o, ,-urr. to be executed any and all documents as may be n.L.r.ury to confirm title to the Leased Property in accordance with the provisions hereof' In addition, the euthority hereby appoints ttre City as its agent to prepare, execute and file or record, in appropriatetffices,-ru.h documents ut *uy be necessary to place record title to the Leased PropertY in the CitY.
Section 10.2. optional Prepayment. The city has the option to prepay the principal componentsoftheI..u,@fromanysourceoflegallyavailab1efunds,onany Lease Payment Date on or after June 1, 2032, at a prepayment price tg*.l to the aggregate principal components of the Lease Payments to be prepaid, together with the interest component of the Lease Payment required to be paid on such Lease Payment Date' without premium' The City shall give written notice to the Assignee of its intention to prepay the Lease Payments undei this Seltion not less than 30 days prior to the prepayment date' Section 10.3. Mandatory Prepayment From Net Proceeds of Title Insurancq or Eminent Domain. The the Lease Payments' without premium' in whole or in purX fro- and to the -extent o1 any Net Proceeds of a title insurance or condemnation award with respect to the Leased Property. The city and the Authority hereby agree that such Net Proceeds shall be applied fir1f t9. the payment of any delinquent Lease payments, and thereafter shall be creditedio*uras the city's obligations under this Section l0'3' Lease Payments o,re ate, any such partial prepayment shall be in the amounts set forth in a 4872-1214-9536.3
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revised Lease Payment schedule which shall be provided by, or caused to be provided by, the City to the Assignee and the Authority.
ARTICLE XI
MISCELLANEOUS
Section 11.1. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed to have been received 48 hours after deposit in the United States mail in first-class form with postage fully prepaid:
If to the City: CitY of La Veme
3660 "D" Street
La Veme, CA 91750
Attn: City Manager
If to the Authority: La Verne Public Finance Authority
3660*D" Street
La Veme, CA 91750
Attention: Executive Director
If to the Assignee: Capital One Public Funding, LLC
1307 Walt Whitman Road, 3rd Floor
Melville, New York 11747
Attention: Jonathan Lewis, President
Email : j onathan. [email protected]
The Authority, the City and the Assignee, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent.
Section 11.2. Reserved.
Section 11.3. Binding Effect. This Lease Agreement shall inure to the benefit of and shall be binding upon the Autliority, the City, the Assignee and their respective successors and assigns.
Section I 1.4. Severability. In the event any provision of this Lease Agreement shall be held invalid o, ur.nforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
Sectionll.5. Net-net-net Lease. This Lease Agreement shall be deemed and construed to be a..net-nit-net lease" and the City hereby agrees that the Lease Payments shall be an absolute net retum to the Authority, free and clear of any expenses, charges or set-offs whatsoever.
Section 11.6. Further Assurances and Corrective Instruments. The Authority and the City agree that they *itt, fro* time to time, execute, acknowledge and deliver, or cause to be 4872-1214-9536.3
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executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Leased Property hereby leased or intended so to be or for carrying out the expressed intentions of this Lease Agreement.
Section 11.7. Execution in Counterparts. This Lease Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Section 11.8. Applicable Law. This Lease Agreement shall be governed by and construed in accordance with the laws of the State.
Section I 1.9. Authority and City Representatives. Whenever under the provisions of this Lease Agreement the approval of the Authority or the City is required, or the Authority or the City is required to take some action at the request of the other, such approval or such request shall be given for the Authority by an Authority Representative and for the City by a City Representative, and each party hereto shall be authorized to rely upon any such approval or request.
Section 11.10. Captions. The captions or headings in this Lease Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Section of this Lease Agreement.
Section 11.11. As$ignee as Thi,rd P4rty Beneficiry. The parties hereto expressly acknowledge and agree that the Assignee is an intended third party beneficiary of this Lease Agreement and a direct beneficiary under the Assignment Agreement and shall have the rights specified herein and therein. Without limiting the generality of the foregoing, any and all rights reserved to the Authority hereunder shall be jointly held by the Authority and the Assignee.
Section ll.l2. Time of the Essence. Time is of the essence in the payment and performance of each obligation hereunder.
Section 11.13. Entire Asreement. This Lease Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof aud supersedes all prior wriffen or oral understandings and agreements with respect thereto.
Section ll.l4. Attorneys' Fees. If suit is brought to enforce any terms, covenants or conditions of this Lease Agreement, the parties agree that the losing party shall pay the prevailing party's reasonable attomeys' fees, including reasonable attorneys' fees incurred in enforcing a judgment, which shall be fixed by the court and court costs. As used herein, the term "prevailing party" shall mean the party, which has succeeded upon a significant issue in the litigation and achieved a material benefit with respect to the claims at issue, taken as a whole. 4812-1214-9536.3
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IN WITNESS WHEREOF, the Authority has caused this Lease Agreement to be executed in its name by its duly authorized offrcer; and the City has caused this Lease Agreement to be executed in its rurme by its duly authorized officers, as of the date first above written.
LA VERNE PUBLIC FINANCING
AUTHORITY, as Lessor
Title:
CITY OF LA VERNE, as Lessee
By:
Name:
Title:
By:
N
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EXHIBIT A
DEFINITIONS
"Additional Payments" means the payments authorized under Section 4.1 of the Lease Agreement.
"Applicable Environmental Laws" means and shall include, but shall not be limited to, the Compiehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 USC Sections 9601 et seq.; the Resource Conservation and Recovery Act ("RCRA"),42 USC Sections 6901 et seq.; the California Hazardous Waste Control Law ("HWCL"), California Health & Safety Code Sections 25100 et seq.; the Hazardous Substance Account Act ("HSAA"), California Health & Safety Code Sections 25300 et seq.; the Porter-Cologne Water Quality Control Act (the "Porter-Cologne Act"), California Water Code Sections 1300 et seq.; the Air Resources Act, California Health & Safety Code Sections 3900 et seq.; the Safe Drinking Water & Toxic Enforcement Act, California Health & Safety Code Sections 25249.5 et seq.; and the regulations under each thereof; and any other local, state, and/or federal laws or regulations, whether currently in existence or hereafter enacted, that govem:
(a) the existence, cleanup, and/or remedy of contamination on property; (b) the protection of the environment from spilled, deposited, or otherwise emplaced contamination;
(c) the control of hazardous wastes; or
the use, generation, transport, treatment, removal, or recovery of Hazardous Substances, including building materials.
,,Assignee" means Capital One Public Funding, LLC, the assignee of the Authority on the Closing Date, and its successors and assigns.
,,Assignment Agreemenf" means the Assignment Agreement, dated as of June 1,2022,by and between the Authority, as assignor, and the Assignee, as assignee, together with any duly authorized and executed amendments thereto.
,,Authority" means the La Verne Public Financing Authority, a joint exercise of powers agency organized and existing under the laws of the State of California. ,,Authority Representative" mearts the Chair, Vice Chair, Executive Director, Treasurer or Secretary, or the-designee of any such offrcial, or any other person authorized to act on behalf of the Authority under oi with resiect to the Lease Agreement and the Site Lease, and identified as such to the City and the Assignee in writing.
,,Bond Counsef'means Nixon Peabody LLP or any other attomey or firm of attomeys acceptable to the City and nationally recogniied for expertise in rendering opinions as to the legality and tax-exempt status of obligations issued by public entities' (d)
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,,Business Day'' means a day which is not a Saturday, Sunday or legal holiday on which banking institutions in the state of New York are located are closed or are required to close or a day on which the New York Stock Exchange is closed.
,,City,, means City of La Veme, a municipal corporation and general law city organized and existing under the Constitution and laws of the State' ,,City Representative" means the Mayor, City Manager or Finance Director of the City, or the design.. of *y such official, or any other person authorized to act on behalf of the City under oiwith respect to the Lease Agrelment and the Site Lease, and identified as such to the Assignee in writing.
"Closing Date" means June 15, 2022.
,,Costs of Issuance" means all items of expense directly or indirectly payable by or reimbursable to the City or the Authority relating to the execution and delivery of the Site Lease, the Lease Agreement, and the Assignment Agreement, or the execution and delivery of the Lease Agreement,'including but not limited to filing and recording costs, settlement costs, printing .o-rt., reproduction uiA binding costs, costs foi statistical data, financing discounts, legal fees and charges, insurance fees and charges (including title insurance), financial and other professioial consultant fees, and charges and fees in connection with the foregoing. ,oDefeasance Obtigations" means (a) cash, or (b) non-callable Federal Securities. ,,Event of Default" or "Defoult" means an event of default under the Lease Agreement, as defined in Section 9.1 thereof.
,,Federol Securities" means direct general obligations of the United States of America (including obligations issued or held in book entry form on the books of the Department of the t.u.*ylor olligations the payment of principai of and interest on which are unconditionally guaranteed by, the United States of America.
,,Fiscal year" means the twelve-month period beginning on July 1 of any year and ending on June 30 of the next succeeding year, or anybther twelve-month period selected by the City as its fiscal year.
,,Hazardous Substance" means any substance that shall, at any time, be listed as .,hazardous" or "toxic" in any Applicable Environmental Law or that has been or shall be determined at any time by any agency or court to be a hazardous or toxic substance regulated under Applicable EnvironmentaL Laws; and also means, without limitation, raw materials' building .o*pon.rtr, tt, ptoa.rcts of any manufacturing, or other activities on the facilities' wastes, petroleum, and souice, special ,r*1.., or by-product material as defined by the Atomic Energy ict of lg54,as amended (42 USC Sections 301I et seq.). ,,Lease Agreement" means this Lease Agreement for the lease of the Leased Property by the Authority, as lessor, to the City, as lessee, Iated as of June 1,2022, together with any duly authorized and executed amendments thereto'
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"Lease Payment Date" means the June 1 and December I in each year during the Term of the Lease Agreement, commencing December 1, 2022, provided, that if any such day is not a Business Day, the Lease Payment due on said day shall be due on the next occurring Business Day.
"Lease Payments" means the payments required to be paid by the City pursuant to Section 4.4 of the Lease Agreement, including any prepayment thereof pursuant to Article X of the Lease Agreement, which payments consist of an interest component and a principal component, as set forth in Exhibit C to the Lease Agreement plus, in the case of prepayment, a prepayment premium, if any.
"Leased Property" means: (i) initially, the land more particularly described on Exhibit B; and (ii) any other property substituted therefor in accordance with Section 8.3. From and after the date of any substitution of property under Section 8.3, the term "Leased Property" means the land, together with all structures and improvements located thereon, that remains subject to this Lease Agreement following such substitution.
"Net Proceeds," when used with respect to insurance or condemnation proceeds, means any insurance proceeds, condemnation award or eminent domain award (including any proceeds of sale to a govemmental entity under threat of the exercise of eminent domain powers) paid with respect to the Leased Property, to the extent remaining after payment therefrom of all expenses incurred in the collection thereof.
"Outstanding," when used as of any particular time with respect to the Lease Payments, means all Lease Payments scheduled but unpaid, except Lease Payments for the payment or redemption of which funds or Defeasance Obligations in the necessary amount shall have theretofore been deposited with the Assignee or an escrow holder (whether upon or prior to the maturity or prepayment date of such Lease Payments).
"Permitted Encumbrances" mearts, as of any particular time: (a) liens for general ad valorem taxes and assessments, if any, not then delinquent, or which the City may, pursuant to provisions of Article V of the Lease Agreement, permit to remain unpaid; (b) the Assignment Agreement; (c) the Site Lease; (d) the Lease Agreement; (e) any right or claim of any mechanic, la6orer, materialman, supplier or vendor not filed or perfected in the manner prescribed by law; (f) easements, rights-of-*ay, mineral rights, drilling rights and other rights, reservations, covenants, conditions or restrictions which exist of record as of the Closing Date and which the City certifies in writing will not materially impair the use or reduce the value of the Leased property and (g) the &ceptions disclosed in the preliminary title report with respect to the Leased Property delivered to the Authority and the Assignee on the Closing Date. ,,Rental Period' means each twelve-month period during the Term of the Lease Agreement or the Term of the Site Lease, as applicable, commencing on June 2 in any year and .nlirrg on June I in the next succeeding year; provided, however, that the first Rental Period shall commence on the Closing Date and shall end on June 1,2023. 4872-t214-9536.3
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"Site Lease" means that certain agreement for the lease of the Leased Property by the City, as lessor, to the Authority, as lessee, dated as of June 1, 2022, together with any duly authorized and executed amendments thereto.
"Stote" means the State of California.
"Term of the Lease Agreement" means the time during which the Lease Agreement is in effect, as provided in Section 4.2 of the Lease Agreement. "Term of the Site Lease" means the time during which the Site Lease is in effect, as provided in Section 4.2 of the Site Lease.
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EXHIBIT B
DESCRIPTION OF THE LEASED PROPERTY
The Leased property consists of certain real property, together with all buildings, facitities and other improvernents located thereon, and together with the right of ingress and .gr.rr which constitute the maintenance facility located at26l0lst Street, La Veme, California 91750.
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Payment Date
EXHIBIT C
SCHEDULE OF LEASE PAYMENTS
Principal Interest
Component Component
TotaI
Lease Payment
Interest Rate: 3.65%
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Totals
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ASSIGNMENT AGREEMENT
Dated as of June 1,2022
by and between the
LA VERNE PUBLIC FINANCING AUTHORITY
CAPITAL ONE PUBLIC FUNDING' LLC
and
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ASSIGNMENT AGREEMENT
This AssIcNMENT AcRreupNt, is made and entered into as of June l, 2022, by and between the Le VnRNe puelIc FneNcrNc Autuonlrv, a joint exercise of powers agency organized and existing under the laws of the State of California (the "Authority") and a su[sidiary district of tni City of La Verne (the "City"), and Ceptrel ONp Pusl.tc FUNDING,LLC, as assignee (including its successors and assigns, the "Assignee").
WITNESSETH:
In the joint and mutual exercise of their powers, in consideration of the mutual covenants herein contained, and for other consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto recite and agree as follows:
Section l. Recitals.
(a) The Authority and the City have entered into a Lease Agreement, dated as of June l,zOZi (th. ,.L.ur. Agreement"), whereby the Authority has agreed to lease to the City, and the City has agreed to leaie from the Authority, the land and improvements constituting the City's mainenancJ facility located at 2620 lst Street, La Verne, CA 91750, as such land is deslribed in Exhibit A hereto (the "Leased Property"), in the manner and on the terms set forth in the Lease Agreement, which terms include, without limitation, the obligation of the City to pay lease payments described in Exhibit C of the Lease Agreement (the "Lease Payments") to in. euttrority in consideration of the City's use and enjoyment of the Leased Property. (b) The Assignee has agreed to acquire certain rights and interests of the Authority undei the Lease Agreement *d th. Site Lease, dated as of June 1, 2022, by and between the Authority and tfre-City (the "Site Lease"), and the purchase price for such rights and interests will be made to the City onihe date to be agreed upon by the City, the Authority and the Assignee.
(c) Each of the parties has the power and authority to enter into this Assignment Agreement and has taken all actions necessary to authorize its officers to execute it.
Section 2. Assignment. The Authority, for good and valuable consideration, hereby transfers, assigns *a t.ft o*t to the Assignee, effective on the Closing Date, all of the Authority's ri[trts and interests under the Site Lease and the Lease Agreement (excepting only the Authority;s rights under Sections 5.8 and 7.3 of the Lease Agreement), including without limitation lijtne rigtt to receive and collect all of the Lease Payments from the City, (ii) the right to receive and collect certain proceeds of insurance maintained thereunder and of any condemnation award rendered with respect to the Leased Property, (iii) the right to exercise such ,Gfrtr and remedies conferred on the Authority pursuant to the Site Lease and Lease Agreement as may be necessary or convenient (A) to enforce payment of the Lease Payments, or (B) otherwise to protect ihe interests of the Assignee in the event of a default by City under the Site Lease and Lease Agreement, and (iv) the right to take all actions and give all consents under the 4855-66934304.3
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Site Lease and the Lease Agreement. The assignment made under this Section is absolute and irrevocable, and without recourse to the Authority.
The Authority and the Assignee agree that the Assignee shall have no right to any additional lease payments described in Section 8.3(c) of the Lease Agreement, and that such lease payments may be pledged or assigned for the payment of any bonds, notes, leases or other obligations the proceeds of wnicfr are applied to finance authorized expenditures of the City for the furposes of the City. The Authority and the Assignee further acknowledge and agree to the provisions of Section 5.7 of the Lease Agreement.
Section 3. Representation and Agreementg of the Authority. The Authority hereby represents, warrants, acknowledges and agrees to and for the benefit of the Assignee as follows:
(a) The Authority has made no prior sale or assignment of any of its right, title or interest in the Site Lease and the Lease Agreement and has not mortgaged or granted a security interest or otherwise encumbered its right, title and interest therein. (b) The Site Lease and the Lease Agreement are genuine and in all respects are what they report to be and are in full force and effect, and neither the City nor the Authority is in default thereunder.
(c) The Assignee is not liable for and does not assume responsibility for the performanc. oi uny of the covenants, agreements,-duties or obligations specified in the Lease Agreement or the Sit. L.ur. to be kept, paid, or performed by the Authority' (d)TheAssigneehaspaidoragreedtopay$-fortheassignment
of certain rights and interests of the Authority in the Lease Agreement and the Site Lease. (e) The Site Lease and the Lease Agreement are in full force and effect and the City is not in default of any of the terms set forth therein.
Section 4. AccePtance: Transfer'
(a) Acceptance. The Assignee represents that (i) it accepts this interest in the Site Lease and the Lease Agreement for its own account and will not make a public offering of the interests conveyed herlby, and is not entering into the assignment for the purpose of transferring or assigning its rights hereunder in a manner that would constitute a public offering, and (ii) it Is payin[ tne price of par for its interest in the Site Lease and the Lease Agreement.
The Assign.. rfruil deliver to the City on the Closing Date a certificate in the form attached hereto as Exhibit B.
(b) Transfer. The Assignee may, at any time, sell, transfer or assign its rights and interests in the Lease Agreement and ihe Site Lease in whole as it may determine to be in its best interests but agrees that-any such sale, transfer or assignment by t]re es.si-snee shall be to (i) an affiliate of the Assignee or (ii; a bank, insurance company or other financial institution' In the case of a sale, transfer or assignment pursuant to the preceding clause (ii):
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(A) the Assignee shall provide at least 30 days' prior written notice to the City of the name, address and contact person of such transferee, and (B) the transferee must execute and deliver to the Authority and the City a letter substantiaity in the form of the certificate attached hereto as Exhibit B reasonably acceptable to the CitY.
Nothing herein limits the right of the Assignee or its assignees pursuant to the previous paragraph to sill or assign participation interests in the Lease Agreement and the Site Lease to on. 6, more entities listei in clausi (i) or (ii), provided that any participation, custodial or similar agreement under which multiple ownership interests in the Lease Agreement and the Site Lease # created shall provide the method by which the owners of such interests shall establish the rijnts and duties of a single entity, o*rrir, servicer or other fiduciary or agent acting on behalf of ali of the assignees to acion theii behalf with respect to the rights and interests of the City under the Lease Agreement and the Site Lease, including with respect to the cxercise of rights and remedies of the City on behalf of such owners upon the occurrence of an Event of Default under the Lease Agreement or the Site Lease.
In the event that the Assignee disposes of its interests in the Lease Agteement and the Site Lease in the future, the Assignee understands that it has the responsibility for complying with any applicable federal and state securities laws and all rules and regulations promulgated pursuant thereto.
Section 5. Acceptance. The Assignee hereby accepts the assignments made herein for the pu{pose of securing the payments due pursuant to the Lease Agreement and the rights under the Lease Agreement.
In addition, by accepting the assignments made herein, the Assignee hereby agrees to the provisions of the Leaie Agreement expressly imposing obligations on the Assignee' section 6. Execution in counterparts. This Assignment Agr99ryenf may be executed inseveralcounterpart@anoriginalandallofwhichshal1constitutebut one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement by their officers thereunto duly authorized as of the day and year first written above.
L.l VBnxn Punltc Ftxlxctxc Aurnontrv
CAPITAL ONE PUBLIC T'UNDING, LLC
By:
Its:
Byr
Its:
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EXHIBIT A
DESCRIPTION OF THE LEASED PROPERTY
The Leased Property consists of certain real property, together with all buildings, facilities and other improvernents located thereon, and together with the _right of ingress and .gr.r, which constitute the maintenance facility located at26lo lst Street, La Verne, Califomia 91750.
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EXHIBIT B
FORM OF CERTIFICATE OF ASSIGNEE
Capital One Public Funding, LLC, Melville, New York ("COPF'), hereby certifies as follows with regard to the Site Lease dated as of June 1,2022 (the "Site Lease"), by and between the City of La Veme (the "City") and the La Verne Public Financing Authority (the "Authoiity"), &nd the Lease Agreement dated as of June 1,2022 (the "Lease Agreement"), by and between the Authority and the City (which are referred to herein collectively as the "Lease Obligation"), which have been assigned to COPF:
(i) COPF has full power and authority to carry on its business as now conducted, deliver iiris Assignee Certificate, and make the representations and certifications contained herein.
(ii) COPF is a lender that regularly extends credit to state and local governments by making)oans and acquiring repayment obligations that are evidenced by obligations such as the Lease bb[gation; frai tnowledge and experience in financial and business matters that make it capable of ivaluating the City, the Lease Obligation, and the risks associated with its extension of credit evidenced by the Lease Obligation; has the ability to bear the economic risk of extending the credit evidenced by the Lease obligation; and is a limited liability company, controlle-cl by a bank, engaged in the primary business of extending credit and making loans to state and local governments and non-profit entities and has total assets in excess of $1 billion.
COpF is not u.tirg as a broker, dealer, municipal securities underwriter, municipal advisor, or fiduciary in connection with its extension of credit evidenced by the Lease Obligation. (iiD COPF is not relying upon the City or its legal counsel, municipal advisor, or placement'agent for advice rega.ding COPF's investigation and evaluation of the merits and iisks of exteiding credit to thebity. -copr has conducted its own investigation of the financial condition of the City, the prrpor. for which the Lease Obligation is being executed and delivered, and the ..*rity foi G payment of the principal and interest with respect to the Lease Obligation and has obtained such information regarding the Lease Obligation and the City and its operltions, financial condition, and financial prospects as COPF deems necessary to make an informed decision with respect to its extension of credit evidenced by the Lease Obligation. (iv) COpF is extending credit to the City evidenced by the l,ease Obligation, which is a vehicle for making u .o-rn.r.-ial loan for its own loan account with the present intention of holding the Lease Oiligation to maturity or earlier prepayment, provided that COPF retains the right a; any time to dislpose of the Lease Obligation, but agrees that any 9u9h sale, transfer, or di"striUution by COpF rtat rc made in accordance with applicablelaw a1d_t!9 provisions of the Lease Obligation and related documents in whole to (a) an affiliate of COPF or O) a bank, insurance company, or other financial institution.
COpF and its assignees further retain the right to sell or assign participation interests in the Lease obligation to one or more entities listed in (a) or (b) of this section (iv), provided that any participatiJn, custodial, or similar agreement under which multiple ownership interests are created in the Lease obligation shall provide the method by which the owners of such interests 4855-66934304.3
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shall establish the rights and duties of a single entity, owner, servicer, or other fiduciary or agent acting on behalf of all of the assignees to act on their behalf with respect to the rights and interests of the registered owner of the Lease Obligation, including with respect to the exercise of rights and remedies of the registered owner on behalf of such owners upon the occurrence of an event of default under the Lease Obligation.
(v) COPF acknowledges that (a) the Lease Obligation (i) has not been registered under the Securities Act of 1933, as amended, (ii) has not been registered or otherwise qualified for sale under the securities laws of any state, and (iii) will not be listed on any securities exchange and (b) there is no established market for the Lease Obligation and that none is likely to deveiop. COPF understands and acknowledges that (a) its extension of credit evidenced by the Lease Obligation is not intended to be subject to the requirements of Rule l5c2-12 promulgated under the Securities Exchange Act of 1934, as amended, and (b) in connection with COPF's extension of credit evidenced by the Lease Obligation, the City has not prepared or caused to be prepared, any official statement, private placement memorandum, or other offering document. (vi) COPF is acting solely for its own loan account and not as a fiduciary for the City or in the capacity of broker, dealer, placement agent, municipal securities underwriter, municipal advisor, or-fiduiiary. COPF has not provided, and will not provide, financial, legal (including securities law), ta:r, accounting, or other advice to or on behalf of the City (including to any municipal advisor or any placement agent engaged by the City) with respect to the structuring, issuanie, sale, or delivery of the Lease Obligation. COPF has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934, as amended, to the City with respect to the transactions relating to the structuring, issuance, sale, or delivery of the Lease Obligation and the discussions, undertakings, and procedures leading thereto. Each of the City, its municipal advisor (if any), and its placemint agent has sought and shall seek and obtain financial, legal (including .6uriti.r law), tax, accountlng, and other advice (including as it relates to structure, timing, terms, and similar matters and compliance with legal requirements applicable to such parties) with respect to the Lease Obligation from its own financial, legal, tax, and other advisors (and not from the undersigned or iti affiliates) to the extent that the City, its municipal advisor (if any), or its placement agent desires to, should, or needs to obtain such advice. COPF expresses ,r6.ui.* regarding the ligal sufficiency of its representations for purposes of compliance with any legal r-equirements applicable to any other party, including but not limited to the City's munici-pal advisor (if anyior placement agent, or the correctness of any legal interpretation madg by counsel to any other party, including but not limited to counsel to the City's municipal advisor (if any) or placement agent, with respect to any such matters. The transactions between the City and COpF-are arm's-length, commercial transactions in which COPF is acting and has acted solely as a principal and foiits own interest, and COPF has not made recommendations to the City with respect tothe transactions relating to the Lease Obligation' (vii) The undersigned hereby represents that COPF intends for its digital signatures or other electionic indication of execution on all documents related to this transaction, and the digital signatures or other electronic indication of execution of other parties related to this trinsaction, to be treated the same and have the same legally binding and enforceable effect as original manual signatures.
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(viii) COPF (A) has authorized its executed counterpart signature page to be inserted into the final version of each document related to this transaction to which it is a party and (B) represents that COpF intends to be bound by the final version of all documents related to this transaction to which it is a party, which will be released to each of the parties to this transaction simultaneously with the closing of the transaction, including any such written changes to the documents that may have been made after COPF performed the act of affixing its signatures to the documents, and that COPF's agreement to close the transaction shall constitute conclusive evidence ofthe acceptance ofsuch changes and intent to be bound thereby' IN WITNESS WHEREOF, Capital One Public Funding, LLC, has caused this Assignee Certificate to be executed by its officei thereunto duly authorized, all as of the day and year first above written.
Date 2022
CAPITAL ONE PUBLIC FLINDING, LLC,
as Assignee
By:
Name:
Title:
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3 City of La Verne/
La Verne Joint Public Financing
City Managels Office
ENGIII
SUBJECT:
TE: June6,2022
Mayor and City Council
La Verne Joint Public Financing Authority (JPFA)
Bob Russi, City Manager/Executive Director
Resolution 22-32, of the city council of the city of La Verne approving a site Lease and a Lease Agreement, and authorizing the taking of certain other actions in connection therewith
ResolutionJP|ANo.63,theBoardofDirectorsoftheLaVerneJointPublic fln"niins Artnority approving a Site Lease, a Lease Agreement and an Assignment ngr;emint, anO authbiizing the taking of certain other actions in connection therewith
on April 4, the city council directed staff to proceed with.preparing the documents necessary to issue'UonUs to support the projeAs within the Enhanced lnfrastructure Financing District. Tonight, the dii fi;;it oi i#'citv and'tn6 aoard of Directors of the Authority will consider the aythorization of i#fin"nling tr"nsac{'ron that will provide the initial funding needed to install the first EIFD projects.
It is recommended that the city council and the JPFA Board of Directors each adopt the respective resolutions captioned above.
ln 2017 the city created an Enhanced lnfrastructure Financing District. Ttre. purpose. of the district *L. to f1r"a ort? SsS mirrion in piojects that are anticipated to support the Gold Line riders as well as t""ilit"t" ini Transit Oriented Dlvenpment that is expected to occur with the addition of that service' rr,," ErFrj rrr"*. the City to runo L"ie projects through Tax lncrement Financing (TlF)' This concept l, slrif
",
to how the former Cedevelopment Agency generated funds to take on the various projects during its existence.
ln 2o2o the city council gave preliminary authorization-for the city to pursue funding alternatives to initi."t"1n" *ork schedul6d ii,.ffi Citv;" Enhanced lnfrastructure Financing District's Plan (EIFD)' sin"" 1.'"t time, staff in cottauoratlon'with the EIFD's governing board,..has been evaluating the piiii'tv'pi;i;.t.,'estimated cost, as werr as acceptable oftions to finance the work' At their March 9 meeting the EIFD was pr"""nGa ,itft an updated status report and provided authorization to proceed with issuance of a bond'
The EIFD receives its revenue by the incremental property tax. that is generated within the OirJg"rt"O "i"".
ey its nature, an Eiro neeOs time- to cieate a sustained revenue stream to support C:\Users\testrela\Desktop\Scanned ooc;m;ntsuune 6, 2022 Agenda & Reports\Flt'lAL (ELFD) KTS Comments CC Rpt'Bond Auth 20220606.doc
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the work is expected to pay for. ln order to initiate projects in a more expedient manner, the city iypically fronts ihe expeniej with the understanding it wili be reimbursed by the EIFD at a later date' with that concept in mind, over the last year staff, council, and the EIFD have been working on the mechanics of that structure. One criticai action that has already taken place is the execution of a cooDerationAsreementbetweenthecityandtheEIFD.Though-this.instrument,theE|FDis oUf ig"i"J 1o reiriburse the City for any funds expended to achieve the EIFD's purposes. several of the projects have been deemed a priority and.should be completed prior to the Gold Line ;;;;;"t opliati6nar. rnese lncirae the pedestriin bridge and the cgnnectivity work to facilitate movement between Ofo rowniuLvs main campus and. lhe station. This is generally E Street to Second and Second to O Streei. WiriL tunaing toi the pedestrian bridge is being pursued under other "iJrt; rr"rtrv srants and teoliar tunasl, the-connectivity work and the improvements along Anow Highway are 6xpected to be funded through a bond'
on April 4 the council gave conceptual approval to the approach of the city issuing bonds to pay for this work with the EIFD retmfliffi-tt" bityon." it had'a sufficient sustained revenue stream and iiiilA"i
'Sirft
t" prepare a fin-ncing-transaction and return to Council for authorization' The city,s team has identified an accredited purchaser ("Purchaser") that is interested in purchasing ;it';f tfilp.p; "ii
ZoZZ
"Urigliignj
i;-" ';pilvate ptacement" transaction' This approach to sellins City obligations nas tne UenEfit of reduced costs and substantial time savings' Furthermore' the financial institution nas ottereJio 'iock,, the interest rate on the proposed financing al3.650/o.
Theproposedstructureisalease/leasebacktransactionwherebythecitywillleaseitsmain corporate yard to the Auth;iy;ili'ti;;l;ase it b.ack. The city's leaie payments will be assigned to the purchaser and will be used to repay the obligation over a 2b year teim. _Tlre only downside to this approach versus the option pr!.Jnt-JJi.itrl Colncif at their Apriimeeting (20 year repayment versus 30) is the annual debt ."r,""i-.vr*i woutd ue increased from $205,000 to $256,000' ln reviewing rhe citv,s future Proposition c allocation it is projected that the city will receive sufficient revenues to Ir"r,p"# *',iJ't',gl"i rr""vrl"t ind continue it's othLr mass transit activities' For the city council,s and the Authority Board's consideration is the package of legal documents that the needs to be authorized f;; il;i;;;.;"t'rn. The various contracts and legal documents and their purposes are as follows:
oTheSiteLeasebetweentheCityofLaVerne-andtheLaVernePublicFinancingAuthority whereby the Citv d;;;" ;;'di; iitv propertv (tt'" u"in corporate Yard) (the 'Leased ProPerty"), to the Authority'
. The Lease Agreement between the La Verne Public Financing Authority and the city of La Verne whereby tn" dit, i""r". tne Leased pro_pertv back fromlhe Authority for annual rental payments that wiil il',;J;";;riline ooiiiati6n. The Resolution establishes a nolto- exceed aggregate principar amouni oi the lease of $3'8 million' .AssignmentAgreement(Authorityonly)TheAuthority'srightsundertheLease,includingits right to receive th" ;;Ui ;;fi;ts' iie hereby.aisi6nea-to the Purchaser' meanins that the City wi, make ."ri"-ni,l"iri'niat payments (OeLt seriice) directly to the Purchaser' 602
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LEGAL REVIEW
Bond Counsel and the City Attorney have reviewed the attached documentation.
FISGAL IMPACT
The current estimates of the financing are a principal amount of $3,615,000 for a term of 20 years resulting in annual lease (debt service) payments of approximately $256,000' Lease (debt service) payments will be made fiom the City;s'pioposition C- funding until such time as the EIFD's Tax lncrement Revenues are sufficient to make the lease (debt service) payments independently'
ATTACHMENTS
1. A Resolution of the city council of the city of La Verne approving a site Lease and a Lease Rgr;ement, anO autnorizing the taking of certainother actions in connection therewith
2. A Resolution of the Board of oirectori of the La Verne Public Financing Authority approving a site Lease, a Lease Agreement and an Assignment Agreement, and authorizing the taking of certain other actions in connection therewith
3. Site Lease
4. Lease Agreement
5. AssignmLnt Agreement (Authority only)
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uTroN No.22-32
A RESOLUTION OF THE CITY COUNCIL
APPROVING A SITE LEASE AND A LEASE
OF THE CITY OF LA VERNE
AGREEMENT, AND AUTHORIZING
THE TAKING OF CERTA]N OTHER ACTIONS IN CONNECTTON THEREWTH WHEREAS, the CitY of La Verne (the "CitY") solicited bids from ProsPective lenders to finance certain Projects included in the Amended and Restated Enhanced lnfrastructu re Financing Plan for the Enhanced lnfrastructure Financing District No. 1; and
WHEREAS,CapitalonePublicFunding,LLC(the?ssignee,,)providedthebest responsible bid; and
WHEREAS, pursuant to a site Lease (the "site Lease"), the city will lease to the La Verne public Financing Authority (the 'Authority") certain property of the City as furtherdescribed in the Site Lease (the "Leased Property"); and rat
WHEREAS, the Authority, concurrently with the execution of the Site Lease, will lease the Leased Property back to the City pursuant to a Lease Agreement (the "Lease") in consideration for base rental payments thereunder, which rental Payments the AuthoritY will assign to the Assignee under an Assig nment Agreement; and WHEREAS Senate Bill 450 (ChaPter 625 of the 2017-2018 Session of the California Legislature) ("SB 450") requires that the governing body of a Public bodY obtain prior to authorizing the issuance of bonds with a term ofgreater than 13 months, ood faith estimates of the following information in a meeting open to the public: (a) the true interest cost of the bonds, (b) the sum of all fees and charges paid to third parties with respect to the bonds, (c) the amount of proceeds of the bonds expected to be received net of the fees and charges paid to third Parties and any reserves or capitalized interest Paid or funded with proceeds of the bonds, and (d) the sum total of all debt service PaYments on the bonds calculated to the final maturity of the bonds Plus the fees and charges Paid to third parties not paid with the proceeds of the bonds; THEREFORE, the City Council of the City of La Verne does hereby resolve as follows:
section {. The foregoing recitals are.true and correct and the city council of tne cityffirne (the "Council;) hereby so finds and determines' The Council herebY aPProves the Site Lease in substantially the form on file with the CitY Clerk and presented to the Council at this meeting. AnY one of the City Manager, Assistant CitY Manager or Fina nce Director of the CitY, and anY designee of anY of them (collectivelY, the "Authorized Officers") is hereby authorized and directed, for and in the name and on behalf of the CitY, to execute and deliver the Site Lease, with such insertions and changes as may be aPProved bY 1 4855-5r61-5008.2
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Officer executing the same, subject to the provisions of this Resolution, such approval to be conclusiveiy evidenced by such execution and delivery' section 3. The council hereby approv_es the_ Lease in substantially the form on Rte witffie-'rty Clerk and presented to the Council at this meeting. Any one of the Authorized Offiiers is hereby authorized and directed, for and in the name and on behalf of the City, to executq and deliver the Lease, with such insertions and changes ",
,,.'rV U"
"ppioveO
by the Authorized Officer executing the same, subjecl to the pi"riri6..-"ii[is Resoirrtion, such approval to be conclusively evidenced by such Lxecut'ron and delivery. The aggregate principal amount of the rental payments under the Lease shall not exceeO $5,400,000 and the interest rate of the Lease shall not exceed 3.65%.
section 4. ln accordance with sB 450, good faith estimates of the following are set6-rt-h on qhp1u\ attached hereto: (a) the tiue interest cost of the Lease, (b) the suh ot all fees-and charges paid to third parties with respect to the Lease, (c) the ;;r"t oi proceeOs of th;Le;rse expected io be.received net of the fees and charges ;;il-6 in'riA- parties and any reserres or c-apitalized interest paid or funded w1h iroceeOs of the Lease, and (ai tne sum.total of all debt service payments on the. Lease Eaicutateo to the final ,"iriitv of the Lease plus the fees and charges paid to third parties not paid with the proceeds of the Lease'
The City hereby designates the Lease as "qualified tax-exempt obligations" Pursuant to Section 265(b)(3XB) of the lnternal Revenue Code of 1986, as amended (the "Code"). The City has not issued and does not reasonably expect to issue more than $10,000 ,000 (reduced bY the Par amount of the Lease) of tax-exempt obligations (including refunding obligations) as "qualified tax-exempt obligations" during the calendar Year 2022. The City and its agencies are the only governmental entities receiving benefits from the Lease so no allocation of the Lease Proceeds has been made under Section 265(bX3)(CXiii).
The Authorized Officers, the other officers and employees of the City, the members of the Council, bond counsel, municiPal advisor and the other consuItants to and agents of the City, are each hereby authorized and directed to do all things and take all actions iErFsF*l ry or desirable to effectuate the transactio ns contemplated by this Resolution' and to execute such other assignments, agreements, certificates, receipts, endorsements, orders, oprnions and other documents in connectio n with such transactions, including, without limitation, closing documents in connection with the Lease, and all actions heretofore taken by the officers' employees and agents of the City in connection with the Lease are hereby ratified, approved and confirmed in every respect.
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This Resolution shall become effective immediately upon adoption Passed and Approved on June 6'0222.
CIry OF LA VERNE
Mayor Tim HePburn
ATTEST:
By
Assistant City CIerk
By
J
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EXHIBIT A
GOOD FAITH ESTIMATES
The following information, as of May 25,2022, was obtained from Kosmont Transactions Services, lnc., the irunicipal advisor with iespect to the Lease, and is provided in compliance with Senate Bil 450 (Cnapter 625 of the 2017-2018 Session of the California Legislature) with respect to the Lease:
1. True lnteresf Cosf of the Lease. Assuming an aggregate principal amount of $3,615,000 of the Lease are sold and based on market interest rates prevailing at the time.of iidp.iiiion of this iniorration, a good faith estimate of the true interest cost of the Lease, which means the rate necessary to diJcount the amounts payable on the respective principal and intliest payment dates to ine purchase price received for the Lease, is 3.6501%.
2. Finance Charge of the Lease. Assuming an aggregate principal amount of 93,615,000 of the Lease are-sold and based on market interest rates prevailing at the time. of iidp.iiiion of this information, a good faith estimate of the finance charge of the Lease, which means the sum of allfees and charges paid to third parties (or costs associated with the Lease), is $1 15,000.
3. Amount of proceeds to be Receryed. Assuming an aggregate principalamount of $3,615,000 of the lejse are sold and based on market inteiest rates prevailing at the time.of iidp"iiiion of this iniormation, a good faith estimate of the amount of proceeds expected to be received by the Authority for sale 6t tn" Lease less the finance charge of the Lease described in 2 above and any reserves or capitalized interest paid or funded with proceeds of the Lease' is $3,500,000.
4. Total payment Amounf. Assuming an aggregate principal amount of $3,615,000 of the Lease are sold and based on market interest rates prevailing at the time of preparation of this information, . gooJ faith estimate of the total payment amount, which means the sum total of all payments tne"Authority will make to pay debt'service. on the Lease plus the finance charge of the Lease OescriU"J in paragraph 2 above not paid with the proceeds of the Lease' calculated to the final maturity of the Lease, is $5,151 ,263.71. 4865-5 l6l -5008.2
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CITY OF LA VERNE
CITY COUNCIL AND
JOINT PUBLIC FINANCING AUTHORITY
AGENDA
Monday, June 06, 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 at 6:00 p.m. 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 cityclerk@ cityoflaverne.org 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 an y 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 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_Vt0BgwVhTvach4BaWd_qBA before 5:00 p.m. on Monday, June 6, 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, Monday, June 06, 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. 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)
5. CONSENT CALENDAR (All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)
a. City Council Minutes
of May 16, 2022, to be received and filed.
b. Staff recommends approval and passage of the following Resolutions:
1. Resolution No. 22 -25 - A Resolution OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A PROJECT LIST AS REQUIRED BY SENATE BILL 1 - The Road Repair and Accountability Act In April 2017, Governor Brown signed into law Senate Bill 1 (SB1), also referred to as the Road Repair and Accountability Act (RRAA) of 2017.
SB1 provides for increased g as taxes and registration fees, which are to be deposited into the State’s Road Maintenance and Rehabilitation Account (RMRA).
RMRA funds are apportioned to local agencies each year for basic road maintenance, rehabilitation, and other safety projects. S B1 also requires each eligible agency to submit a project list to California Transportation Commission (CTC) in order to receive these funds. La Verne’s allocation for fiscal year 2022/23 is estimated at $754,000.
Public Works Director Igoe recommends that the City Council approve Resolution No. 22-25, approving the proposed SB1 project list for fiscal year 2022/23.
2. Resolution No. 22 -26
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT 83353, A REQUEST BY BRANDYWINE HOMES, TO SUBDIVIDE ONE PARCEL WITH AREA OF 2.25 ACRES AT 3717 FRUIT STREET INTO A 50 UNIT, THREE STORY INTERLOCKING TOWNHOME SUBDIVISION - On September 28, 2021 the Planning Commission approved Tentative T ract Map No. 83353 for 50 units of three story interlocking townhomes (Brandywine Homes) located north east of the intersection of Foothill Blvd. and Fruit St. at 3717 Fruit Street. The Final Tract Map has been submitted for approval, allowing for the subdivision of a signal parcel with an approximate area of 2.25 acres
City Engineer Howing recommends that the City Council adopt Resolution No. 22 - 26, approving the Final Tract Map No. 83353 for a 50 unit three story interlocking townhome project and direct staff to sign the map as to its conformance with the AGENDA, La Verne City Council Meeting, Monday, June 06, 2022, Page 3 Subdivision Map Act, Specific Plan (63 -20SPA) and General Plan Amendment (122- 20GPA).
3. Resolution No. 22-27 - A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE,
COUNTY OF LOS ANGELES, STATE OF CALIFOR NIA, APPROVING THE “ENGINEERS REPORT” FOR ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2022-23 IN THE EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT
WITHIN SAID CITY, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY
AND COLLECTION OF ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #6) - Pursuant to the requirements of the Landscape and Lighting Act of 1972, part of Division 15 of the Streets and Highway Code of the State of California, an Engineer’s Report for Landscape and Lighting Maintenance District No. 6, including special zones, those areas receiving specific benefit in addition to the special citywide benefit has been prepared for City Council approval.
Said approval sets the levy of assessments for Fiscal Year 2022- 23 and sets the public hearing for July 18, 2022. No change in the assessment levy is being proposed for the subject special be nefit in Zones 2, 3, 4 -1, 4 -2 and 5. Zone 5 is proposed to have the levied assessment reduced below the maximum assessment amount to draw down reserves. The formation of Zone 6 allowed for CPI increases which with the March 2022 CPI of 8.5% allows for a maximum assessment per parcel of $308.23. A levy of $265.60 is proposed for this zone.
City Engineer Howing is recommending that the City Council adopt Resolution No. 22-27 preliminarily approving the Engineer’s Report and setting the public hearing for the levying of assessment for Citywide District and the subject Zones for July 18, 2022.
4. Resolution No. 22-28 - A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE “ENGINEERS REPORT” FOR ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2022-23 IN THE EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT
WITHIN SAID CITY, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY
AND COLLECTION OF ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #7) - Pursuant to the provisions of Division 15, Part 2, of the Streets and Highway Code, an Engineer’s Report for Lands cape and Lighting Maintenance District No. 7 (La Verne Heights III) has been prepared for City Council preliminary approval. Said approval sets the levy of assessments for Fiscal Year 2022-23 and sets the public hearing for July 18, 2022. There is a prop osed increase to the assessment amount levied for this Fiscal Year to address increased maintenance costs. The proposed assessment amount of $660.00 is below the maximum allowable assessment of $693.26.
City Engineer Howing is recommending that the City Council adopt Resolution 22 - 28, preliminarily approving the Engineer’s Report and set the public hearing for levying a full year’s assessment for July 18, 2022.
AGENDA, La Verne City Council Meeting, Monday, June 06, 2022, Page 4
5. Resolution No. 22 -29- A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE,
COUNTY OF LOS ANG ELES, STATE OF CALIFORNIA, APPROVING THE “ENGINEERS REPORT” FOR ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2022-23 IN THE EXISTING LANDSCAPING & LIGHTING MAINTENANCE DISTRICT
WITHIN SAID CITY, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY
AND COLLECTI ON OF ASSESSMENTS FOR SAME DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LLMD #8) - Pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Code, an Engineer’s Report for Landscape and Lighting Maintenance District No. 8 (Marshall Canyon Estates Specific Plan development) has been prepared for City Council preliminary approval. Said approval sets the levy of assessments for Fiscal Year 2022- 23 and sets the public hearing for July 18, 2022. It is proposed to set the levy at the 1996 -97 approved full year’s assessment of $249.70 per parcel.
City Engineer Howing is recommending that the City Council adopt the attached Resolution No. 22-29, preliminarily approving the Engineer’s Report and setting the public hearing for July 18, 2022.
6. Resolution No. 22-30- A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DECLAR ING ITS INTENTION
TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022 -23 IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (84 -1M.) - Pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Code, the Engineer’s Report for Maintenance District No. 84- 1M contains a reference to the existing plans and specifications for the area to be maintained, the estimated cost to maintain for the Fiscal Year July 1, 2022 to June 30, 2023, and the assessment diagram. It is proposed that there will be no change in the levy from the previous thirty years ($8.00 per parcel). Staff is recommending that City Council approve the Engineer’s Report on a preliminary basis and set the Public Hearing for July 18, 2022. (PLEASE NOTE:
Council Member Carder will declare a conflict of
interest and abstain from voting on this matter, because she owns property within the boundaries of Maintenance District 84-1M.)
City Engineer Howing is recommending that City Council adopt Resolution No.22- 30, approving the Engineer’s Report, setting the public hearing for July 18, 2022.
7. Resolution No. 22 -31
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUT HORIZING ANNUAL CITY AGREEMENTS FOR FISCAL YEAR 2022 -23 - Once a year, the City Council considers annual agreements for renewals or extensions. As such, attached are the services proposed for the coming fiscal year for City Council consideration.
Staff recommends that the City Council should approve the annual City agreements by adopting Resolution No. 22 -31 which authorizes the Mayor and Assistant City Clerk to execute the annual agreements as listed on the Resolution.
AGENDA, La Verne City Council Meeting, Monday, June 06, 2022, Page 5
THE LA VERNE CITY COUNCIL WILL RECESS TO MEET AS THE LA VERNE JOINT PUBLIC FINANCING AUTHORITY; FOLLOWING, WHICH THE CITY COUNCIL WILL IMMEDIATELY RECONVENE.
6. JOINT PUBLIC FINANCING AUTHORITY
a. Joint Public Financing Authority Minutes of August 16, 2021, to be received and filed.
b. Resolution JPFA No. 63 of the Board of Directors of the La Verne Joint Public Financing Authority approving a Site Lease, a Lease Agreement and an Assignment Agreement, and authorizing the taking of certain other actions in connection therewith - On April 4, 2022, the City Council directed staff to proceed with preparing the document s necessary to issue bonds to support the projects within the Enhanced Infrastructure Financing District. Tonight, the City Council of the City and the Board of Directors of the Aut hority will consider the authorization of the financing transaction that will provide the initial funding needed to install the first EIFD projects.
STAFF RECOMMENDATION: The Joint Powers Board of Directors should adopt the Resolution No. JPFA No. 63, as follows;
Resolution No. JPFA No. 63 - A RESOLUTION OF
THE BOARD OF DIRECTORS OF THE LA VERNE
JOINT PUBLIC FINANCING AUTHORITY
APPROVING A SITE LEASE, A LEASE
AGREEMENT AND AN ASSIGNMENT
AGREEMENT, AND AUTHORIZING THE TAKING
OF CERTAIN OTHER ACTIONS IN CONNECTION
THEREWITH.
THE LA VERNE JOINT PUBLIC FINANCNG AUTHORITY WILL ADJOURN AND THE CITY COUNCIL WILL IMMEDIATELY RECONVENE.
7. OTHER MATTERS:
Resolution No. 22 -32 of the La Verne City Council Approving a Site Lease, a Lease Agreement and an Assignment Ag reement, and Authorizing the taking of certain other actions in connection therewith - On April 4, 2022, the City Council directed staff to proceed with preparing the document s necessary to issue bonds to support the projects within the Enhanced Infrastructure Financing District. Tonight, the City Council of the City and the Board of Directors of the Authority will consider the authorization of the financing transaction that will provide the initial funding needed to install the first EIFD projects.
STAFF RECOMMENDATION: The City Council should adopt the Resolution No. 22- 32, as follows:
Resolution No. 22 -32 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE
APPROVING A SITE LEASE AND A LEASE
AGREEMENT, AND AUTHORIZING THE TAKING
OF CERTAIN OTHER A CTIONS IN CONNECTION
THEREWITH.
AGENDA, La Verne City Council Meeting, Monday, June 06, 2022, Page 6
8. PUBLIC COMMENTS/ORAL COMMUNICATIONS - This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Please email your public comment to the Assistant City Clerk at [email protected]
. Your public comment will be shared with the
City Council and included as part of the permanent record. If you wish to speak, email your phone number and staff will call you back. There is a 3-minute time limit on public comments.
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 Closed Session for the following:
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 Section 54956.9(b)(1)(3): one potential case.
Conference with Labor Negotiator (Government Code Section 54957.6).
Negotiators: City Manager, Personnel Officer, 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.
Conference with Labor Negotiator (Government Code 54957.6)
Negotiator: City Attorney
Unrepresented Employee: City Manager
AGENDA, La Verne City Council Meeting, Monday, June 06, 2022, Page 7
11. ADJOURNMENT in memory of retired La Verne Fire Chief Pete Jan kowski. Chief Jankowski was hired as a Firefighter/Paramedic with La Verne Fire in 1999. He assumed numerous internal collateral duties, served as a state incident management team member and acquired multiple state fire training certifications. After promoting through the Captain and Battalion Chief ranks, he was eventually appointed as the permanent Fire Chief in 2013. Post 2019 retirement, he continued to serve the fire service as a National Fire Academy instructor and private sector organizational consultant. Throughout his career, he achieved extraordinary academic and operational successes, which La Verne Fire will continue to benefit from for years to come. Chief Jankowski’s commitment to the City of La Verne, Fire Department and the fire service overall was commendable. Having selflessly protected humankind from peril for over two decades, his contributions to the betterment of ‘the job’ are goals we can, and should, all aspire to. Chief Jankowski is survived by his wife, and two children
THENEXT REGULAR MEETING of the La Verne City Council
is scheduled for Monday, June 20, 2022 at 6:30 p.m.
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 May 31, 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.
MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
LA VERNE
Monday, June 6, 2022
1 . A regular meeting of the La Verne City Councilwas calledto order by Mayor Hepburnat 6:36 p.m.
2. Councii Members present: Mayor Tim Hepburn
Mayor Pro Tem Muir Davis
Council Member Robin Carder
Council Member Wendy Lau
Council Member Rick Crosby
Absent: None.
Advisory personnel present: City Manager Robert Russi
Assistant to the City Manager JR Ranells
City Attorney Robert L. Kress
AssistantCity Clerk LupeGaeta Estrella
Community Development Director Eric Scherer
3. Pledge of Allegiance was led by Mayor Hepburn.
4. Announcements of Upcoming Barbara Rugeley, Director of Observers of the League of Women Voters Mt.
Communit Events Baldy Area introduced Carrie Coolbaugh and Gwen Carr, the two new League Y
Observers for the La Verne City Council.
Sherry Best, President of the La Verne Historical Society reported on the HistoricalSocietyupcomingeventsandtheirfundraisingeffortstorestore InmanConety 1938InternationalTruck.
Julie Wheeler, BoardMemberof the CulturalAwarenessand SocialInclusion Committee ( CASI), reported on the Committee' s mission that all are welcomed in the City of La Verne no matter their race, sex/ gender, sexual orientation, age, national origin/ ancestry, religion, etc. She reported that they meet the first Wednesday of the month at 5: 00 p. m. and that the next meeting will be in- person.
Thomas Allison, La Verne resident, reminded everyone to vote in the upcoming election on June 7, 2022 and that he is running for Judge.
CouncilMemberCarderintroducedRimmiHundalthe newTri-CityMental Health Authority Director.
MayorHepburnannouncedthat two vote centers in LaVerne were openedas of June 4, 2022, Veterans Hall and St John Episcopal Church.
5. Conse nt Calendar It was moved by Davis, seconded by Lau, and unanimously carried to accept, approve, or act on the Consent Calendar items except for the following:
City Council Minutes, Monday, June 6, 2022, Page 2.
Resolution No. 22- 30- Annual Levy, Maintenance District No. 84- 1 M, Council Member Carder declared a conflict of interest and abstain from voting on this matter, because she owns property within the boundaries of Maintenance District 84- 1M.
Resolution No. 22- 31 - Annual Agreements was pulled by La Verne Resident Richard Bowen for further discussion.
Cit Council Minutes City Council Minutes of the regular and adjourned meetings of May 16, 2022 Y
were received and filed.
Resolutions Staff recommended approval and passage of the following Resolutions:
Resolution No. 22- 25, Reso_ lution No. 22- 25- A RESOLUTION OF THE CITY C4UNCIL OF THE Authorizin a Project List as CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, 9 Re uired by Senate Bill 1 AUTHORIZING A PROJECT LIST AS REQUIRED BY SENATE BILL 1 - The q
Road Repair and Accountability Act- In April 2017, Governor Brown signed into law Senate Bill 1 ( SB1), also referred to as the Road Repair and Accountability Act( RRAA) of 2017. SB1 provides for increased gas taxes and registration fees, which are to be deposited into the State' s Road Maintenance and Rehabilitation Account ( RMRA). RMRA funds are apportioned to local agencies each year for basic road maintenance, rehabilitation, and other safety projects. SB1 also requires each eligible agency to submit a project list to California Transportation Commission ( CTC) in order to receive these funds.
La Verne' s allocation for fiscal year 2022/ 23 is estimated at$ 754, 000.
Public Works Director Igoe recommended that the City Council approve Resolution No. 22- 25, approvingthe proposedSB1projectlistforfiscalyear 2022/ 23. Approved as recommended.
Resolution No. 22- 26, Resolution No. 22- 26- A RESOLUTION OF THE CITY COUNCIL OF THE A rovin Final Tract Map No. CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, pp 9
83353 Brand wine Houses, APPROVING THE FINAL MAP FOR TRACT 83353, A REQUEST BY Y
3717 Fruit Street BRANDYWINE HOMES, TO SUBDIVIDE ONE PARCEL WITH AREA OF 2.25 ACRES AT 3717 FRUIT STREET INTO A 50 UNIT, THREE STORY
INTERLOCKING TOWNHOME SUBDIVISION - On September 28, 2021, the Planning Commission approved Tentative Tract Map No. 83353 for 50 units of three story interlocking townhomes( Brandywine Homes) located north east of the intersection of Foothill Blvd. and Fruit St. at 3717 Fruit Street. The Final Tract Map has been submitted for approval, allowing for the subdivision of a single parcel with an approximate area of 2.25 acres.
City Engineer Howing recommended that the City Council adopt Resolution No. 22- 26, approving the Final Tract Map No. 83353 for a 50 unit three story interlocking townhome project and direct staff to sign the map as to its conformance with the Subdivision Map Act, Specific Plan ( 63- 20SPA) and General Plan Amendment ( 122- 20GPA). Approved as recommended.
City CouncilMinutes,Monday,June 6, 2022, Page3.
Resolution No. 22- 27, Resolution No. 22- 27- A RESOLUTION OF THE CITY COUNCIL, CITY OF Approving Engineer' s Report LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, for Annual Levy and Setting APPROVING THE " ENGINEERS REPORT" FOR ANNUAL LEVY OF Public Hearing for Landscape ASSESSMENTS FOR FISCAL YEAR 2022- 23 IN THE EXISTING and Lighting Maintenance LANDSCAPING & LIGHTING MAINTENANCE DISTRICT WITHIN SAID District No. 6 CITY, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY
AND COLLECTION OF ASSESSMENTS FOR SAME DISTRICT
PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA,
AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON LLMD# 6)- Pursuant to the requirements of the Landscape and Lighting Act of 1972,partof Division15of the Streetsand HighwayCodeof the State of California, an Engineer' s Report for Landscape and Lighting Maintenance District No. 6, including special zones, those areas receiving specific benefit in addition to the special citywide benefit has been prepared for City Council approval. Said approval sets the levy of assessmentsfor Fiscal Year 2022- 23 and sets the public hearing for July 18, 2022. No change in the assessmentlevyis beingproposedfor thesubjectspecialbenefitin Zones 2, 3, 4- 1, 4- 2 and 5. Zone 5 is proposed to have the levied assessment reduced below the maximum assessment amount to draw down reserves. The formation of Zone 6 allowed for CPI increases which with the March 2022 CPI of 8. 5% allows for a maximum assessment per parcel of 308. 23. A levy of$ 265. 60 is proposed for this zone.
CityEngineerHowingrecommendedthattheCityCounciladoptResolution No. 22-27 preliminarilyapprovingthe Engineer's Report and setting the publichearingforthelevyingof assessmentforCitywideDistrictandthe subject Zones for July 18, 2022. Approved as recommended.
Resolution No. 22- 28, Resol tion No. 22- 28- A RESOLUTION OF THE CITY COUNCIL, CITY OF Approving Engineer' s Report LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, for Annual Levy and Setting APPROVING THE " ENGINEERS REPORT" FOR ANNUAL LEVY OF Public Hearing for Landscape ASSESSMENTS FOR FISCAL YEAR 2022- 23 IN THE EXISTING and Lighting Maintenance LANDSCAPING & LIGHTING MAINTENANCE DISTRICT WITHIN SAID District No. 7 CITY, DECLARINGITS INTENTIONTO PROVIDEFOR ANNUAL LEVY
AND COLLECTION OF ASSESSMENTS FOR SAME DISTRICT
PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA,
AND SETTINGA TIME AND PLACE FOR PUBLIC HEARINGTHEREON
LLMD# 7)- Pursuant to the provisions of Division 15, Part 2, of the Streets andHighwayCode,an Engineer's Reportfor LandscapeandLighting MaintenanceDistrictNo. 7( LaVerne HeightsIII) has been preparedfor City Council preliminary approval. Said approval sets the levy of assessments for Fiscal Year 2022- 23 and sets the public hearing for July 18, 2022. There isa proposedincreaseto theassessmentamountleviedforthisFiscalYear to address increased maintenancecosts. The proposed assessment amount of$ 660. 00 is below the maximum allowable assessment of$ 693. 26.
CityEngineerHowingrecommendedthattheCityCounciladoptResolution 22- 28, preliminarilyapprovingthe Engineer's Reportandsetthe public hearing for levying a full year' s assessment for July 18, 2022. Approved as recommended.
City Council Minutes, Monday, June 6, 2022, Page 4.
Resolution No. 22- 29, Resolution No. 22-29- A RESOLUTION OF THE CITY COUNCIL, CITY OF Approving Engineer' s Report LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, for Annual Levy and Setting APPROVING THE " ENGINEERS REPORT" FOR ANNUAL LEVY OF Public Hearing for Landscape ASSESSMENTS FOR FISCAL YEAR 2022- 23 IN THE EXISTING and Lighting Maintenance LANDSCAPING & LIGHTING MAINTENANCE DISTRICT WITHIN SAID District No. 8 CITY, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY
AND COLLECTION OF ASSESSMENTS FOR SAME DISTRICT
PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA,
AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON LLMD# 8)- Pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Code, an Engineer' s Report for Landscape and Lighting Maintenance District No. 8 ( Marshall Canyon Estates Specific Plan development) has been prepared for City Council preliminary approval. Said approval sets the levy of assessments for Fiscal Year 2022- 23 and sets the public hearing for July 18, 2022. It is proposed to set the levy at the 1996-97 approved full year's assessment of$ 249.70 per parcel.
City EngineerHowingrecommendedthat the City Counciladoptthe attached Resolution No. 22-29, preliminarily approving the Engineer's Report and setting the public hearing for July 18, 2022. Approved as recommended.
Conflict of Interest/ Carder Council Member Carder declared a conflict of interest and abstained from voting on Resolution No. 22- 30— 841 M because she owns property within the boundaries of Maintenance District No. 84- 1M).
Resolution No. 22- 30,
Annual Levy and Setting Public Resol tion No. 22-30- A RESOLUTION OF THE CITY COUNCIL, CITY OF Hearing for Maintenance LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, District No. 84- 1 M DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022-23 IN A
SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON ( 84- 1 M) - Pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Code, the Engineer's Report for Maintenance District No. 84- 1M contains a reference to the existing plans and specifications for the area to be maintained, the estimated cost to maintain for the Fiscal Year July 1, 2022 to June 30, 2023, and the assessment diagram. It is proposed that there will be no change in the levy from the previous thirty years ($ 8. 00 per parcel). Staff is recommendingthatCityCouncilapprovetheEngineer's Reportona preliminary basis and set the Public Hearing for July 18, 2022.
CityEngineerHowingrecommendedthattheCityCounciladoptthe attached ResolutionNo. 22-30, preliminarilyapprovingthe Engineer's Report and setting the public hearing for July 18, 2022. Approved as recommended.
CityCouncilMinutes, Monday, June6, 2022, Page5.
Pulled from the Consent Resolution No. 22- 31 - Annual Agreements was pulled off the Consent Calendar Calendar by La Verne resident Richard Bowen.
Resolution No. 22- 31, La Verne resident Richard Bowen stated that it has been 3-4 years now that the Authorizing Annual City annual agreements have come up without going out to bid.
Agreements
City Manager Russi responded to his question.
There was no further public comment.
TheCityCouncildiscussedthematterandagreedthatthiswasthebest practice because staff surveyed 83 cities on what they pay for the same services and La Verne is still one of the lowest.
Resolution No. 22- 31, Resolution No. 22- 31 - A RESOLUTION OF THE CITY COUNCIL OF Authorizing Annual City THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF Agreements CALIFORNIA, AUTHORIZING ANNUAL CITY AGREEMENTS FOR FISCAL YEAR 2022- 23- Once a year, the City Council considers annual agreements for renewals or extensions. As such, attached are the services proposed for the coming fiscal year for City Council consideration.
StaffrecommendedthattheCityCouncilshouldapprovetheannualCity agreementsbyadoptingResolutionNo. 22-31whichauthorizestheMayorand AssistantCityClerktoexecutetheannualagreementsaslistedonthe Resolution. Approved as recommended.
At 7: 06 p. m., CityCouncilrecessedtomeetastheJointPointFinancing Authorityandat7:24p.m. reconvenedtoCityCouncilsession.
6. Approving a Site Lease, Lease CityManagerRussireportedalongwitha powerpointpresentationreported Agreement and An Assignment on the Site, Assignment, and Lease Agreements and the taking of certain Agreement, and Authorizing the other actions in connection necessary to issue bonds to support the projects Taking of certain Other Actions within the Enhanced Infrastructure Financing District( EIFD). He stated that on EIFD Bonds Issuance) April4, 2022, theCityCouncildirectedstaffto proceedwithpreparingthe documents necessary to issue bonds to support the projects. At tonight' s Joint PublicFinancingAuthoritymeeting, theAuthorityBoardof Directors consideredandauthorizedthefinancingtransactionthatwouldprovidethe initialfundingneededto installthefirstEIFDprojectsandcertainlease agreements.
He introduced the Kosmont Team, who also reported on mechanics of issuaning the bonds.
Mayor Hepburn called for public comment on this matter.
There was none.
ItwasmovedbyDavis, secondedbyCarder, andunanimouslycarriedto approved Resolution No. 22-32, approving Site and Lease Agreement and authorizingthetakingofcertainactionsinconnectionwiththeissuanceof bonds.
Resolution No. 22- 32, Re ol tion No. 22- 32 - A RESOLUTION OF THE CITY COUNCIL OF Approving a Site Lease, Lease THE CITY OF LA VERNEAPPROVINGA SITE LEASEANDA LEASE Agreement( EIFD Bonds AGREEMENT, ANDAUTHORIZINGTHE TAKINGOF CERTAINOTHER Issuance) ACTIONS IN CONNECTION THEREWITH.
CityCouncilMinutes, Monday, June6, 2022, Page6.
7. Public Comment This was the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda.
Mayor Hepburn called for public comment.
There were public comments at the meeting. ( To hear what was said during public comment, please visit the City's website to view the archived Council meeting.)
8. Council Comments Council Member Carder stated that May was a very busy month with the many school events going on. She congratulated the Bonita High School Girls Softball Team for wining CIF. She reported that the Memorial Day Ceremony was a beautiful event with the presentation of the Chair of Honor that was built byformerMayorponKendrick. ShestatedthatBagelryandBrewisunder new ownership and that she attended the Ribbon Cutting. She reminded everyone to go out and Vote.
CouncilMemberCrosbyreportedthatthe MemorialDayEventwasamazing so was the presentation of the Chair of Honor. He announced that Foothill Transit has a Class Pack Pass program for college students to help students to be more mobile and save on gas. He congratulated the high school graduates and the middle and elementary school students on their promotions.
Hestatedhetoo hadsomeonein his householdwho recentlygraduated. He statedthatthe lastcoupleof weekshavebeendifficultwiththe passingof two former employees.
Council Member Lau wished the Dads a Happy Father's Day and congratulated all the graduates. She reported that she attended the University of La Verne graduation ceremony. She reminded everyone to Vote and the CountyofLosAngelesislookingforPollWorkers. Inaddition, sheaskedthat peopleconsiderdonatingtoSowingSeeds. ShereportedthatJunewasPride Month. Shereportedthatthe Universityis hostinga BloodDriveonJune15, 2022. She sent out her thoughts and prayers to the families of the recent passingofformerFireChiefJankowskiandformerLaVerneInformation Systems Manager Bill Elftman. She reminded everyone to take the time to be kind to each other.
MayorProTemDavisalsocongratulatedBonitaHighSchoolGirls' Softball TeamforwiningCIF. HereportedthattheMemorialDayEventwasabeautiful observantandhonorfor the Militarymemberswhoservedandthosewholost their lives. He thanked La Verne resident Richard Bowen for reminding everyoneof the importanceof" D" Day. He reportedon the LaVerne/San DimasEducationalFoundationandtheMentalWellnessprogramofferedby the Foundation. He also reminded everyone to Vote.
MayorHepburnmentionedthe lossof twoformeremployeesinthe lasttwo weeks. He also thanked La Verne resident Richard Bowen for reminding everyone of the importance of" D" Day. He reported he attended an Eagle ScoutCeremony, theMemorialDayEvent, andRamona'sMiddleSchool promotion. He reminded everyone to go out and vote and the vote centers close at 8 p. m.
CityCouncilMinutes, Monday, June6, 2022, Page7.
9. Closed Session At 7: 52 p. m., theCityCouncilmetinClosedSessionforthefollowing:
f rence with Legal Counsel- Anticiqated Litiaation
TheCityCouncilwillmeetwithitslegalcounseltodiscusssignificantexposure to litigation pursuant to Government Code Section 54956. 9( b)( 1)( 3): one potential case.
onference with LaborNeQotiator(GovernmentCodeSection54957.6).
Negotiators: CityManager,PersonnelOfficer,andCityAttorney Employee Organization( s): LaVerneCityEmployeesAssociation, LaVerne Police Officers' Association, La Verne Fire ghters'
Association, La Verne Police Middle Management
Association and all unrepresented employees.
onference with Labor Neaotiator( Go PrnmentCode 54957.61 Negotiator: City Attorney Unrepresented Employee: City Manager
10. Adjournment at 9: 30 p. m., in memory of retired La Verne Fire Chief Pete Jankowski. Chief Jankowski was hired as a Firefighter/ Paramedic with La Verne Fire in 1999. He assumed numerous internal collateral duties, servedasastateincidentmanagementteammemberandacquiredmultiplestatefiretraining certifications. After promoting through the Captain and Battalion Chief ranks, he was eventually appointed as the permanent Fire Chief in 2013. Post 2019 retirement, he continued to serve the fire service as a NationalFireAcademyinstructorandprivatesectororganizationalconsultant. Throughouthiscareer, heachievedextraordinaryacademicandoperationalsuccesses, whichLaVerneFirewillcontinuetobenefitfromforyearstocome. ChiefJankowski'scommitmenttotheCityofLaVerne, FireDepartmentandthefireservice overall was commendable. Havingselflesslyprotectedhumankindfromperilforovertwodecades, his contributions to the betterment of` the job' are goals we can, and should, all aspire to. Chief Jankowski is survived by his wife and two children.
Re ectfully submitted,
Cl.- C, X Li
Lupe aeta Estrella, CMC
Assistant City Clerk