Agenda packet, first session — La Verne City Council, January 17, 2023

Agenda And Agenda Packet
CITY COUNCIL AGENDA PACKET 2023-01-17 18-30.PDF
CITY COUNCIL AGENDA 2023-01-17 18-30.PDF

1. Documents:

Table of Contents

Agenda 2
Agenda Items
6a. City Council Minutes 10
6b. Register of Audited Demands 16
6c. Appointment to SGV Mosquito & Vector Board 24
6d. Rejection of Bids, Aquatic Center 28
6e. Award of Contract, Air Exchange, Fire Dept 32
6f. Ratification of PO, Replacement Ambulance 34
6g Renewal of Weathermatic Smart Irrigation 36
6h. Amherst Vessels Repair 38
6i. Replacement of Water Dept. Vehicles 40
6j. Declaration of Surplus Vehicles & Equipment 42
6k1. Reso.23-01 Appointment of City Attorney 44
6k2. Reso.23-02,Safe Clean Water Agreement 46
6k3. Reso.23-04, Declaration of Local Emergency 86

7. CDBG Report 2023-24 90
1 CITY OF LA VERNE

CITY COUNCIL AGENDA

Tuesday, January 17, 2023 - 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.

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/live and click on “Watch Line”.
2) Individuals can email their comments to the Assistant City Clerk at [email protected] up to noon on the day of the meet ing. 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 w ill 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_4l2a_6MGR9WLQ7AUiWI8CQ before 5:00 p.m. on Tuesday, January 17, 2023, 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
Rick Crosby, Mayor Pro Tem
Wendy Lau, Council Member
Steve Johnson, Council Member
Meshal “Kash” Kashifalghita, Council Member

www.cityoflaverne.org
(909) 596-8726 - Phone
(909) 596-8740 - Fax
City Hall Council Chamber
3660 D Street
La Verne, CA 91750

2 AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 2

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL: Council Member
Meshal “Kash” Kashifalghita, Council Member Steven Johnson, Council Member Wendy Lau, Mayor Pro Tem Rick Crosby, and Mayor Tim Hepburn.

4. PRESENTATIONS

a. Presentation to Damien High School Water Polo 2022
- The 2022 Damien Water Polo
completed one of the best seasons in school hi story. The team finished the season with a record of 30- 4, highlighted by beginning the year winning the Riverside Poly Tournament, finishing in 4th Place at the nationally recognized Coronado Tournament and winning the Villa Park Tournament. The Spartans went into the end of season league tournament as the number one seed, where they went undefeated and were crowned the Baseline League Champions, finishing league play 8- 0. The team took this momentum into the playoffs and never looked back, going 4- 0 in th e CIF -SS playoffs, defeating Portola HS 18- 11 in the championship game. The team was led all season long by seniors Collin White and John Winters who were named Baseline League CO -MVP’s. For his amazing effort, Collin White, was also recognized as CIF -SS D ivision 3 Player of the Year. The team was coached by Robert Echeverria and assisted by Jessee Johnston.

Jonah Aguilera Sawyer Coleman Lucas Gebhart Liam Gore Peter Hale Matthew Higareda Brady Kopperud Ko Kusachi
Sebastian Macalla Zander Montoya Zachkary Montoya Colin Olsen Michael Ries Ben Shehee Jacob Vasilj Collin White
John Winters

b. Presentation to Hillcrest Community - In November 2022, Hillcrest partnered with the La Verne Fire Department (LVFD) for the 30th Anniversary of Spark of Love Toy Drive.

Hillcrest selflessly provided LVFD with much- needed storage for the many toys that were donated this year, they also coordinated a dedicated and passionate team of volunteers to sort the many boxes of toys and bikes and create a system for distributing them to families in need the week before Christmas. The toy drive is a big lift each year, and Hillcrest’s partnership was an incredible help during such a busy season. The La Verne Fire Department thanks Hillcrest for being such an amazing partner and helping to make Spark of Love Toy Drive such a great success! Dennis Smith, who also serves as a La Verne CERT Team Lead, will be accepting certificate of Recognition on behalf of all the Hillcrest volunteers.

5. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS (Any person who wishes to make a brief announcement of a future community event that is open to the general public may do so at this time.)
3 AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 3

6. CONSENT CALENDAR (All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)

a. City Council Minutes
for December 19, 2022, to be received and filed.

b. Register of Audited Demands in the amount of $942,970.70 dated December 15, 2022 and in the amount of $1,082,462.12 dated December 22, 2022, approval recommended by Finance Director Lopez.

c. Appointment to the San Gabriel Valley Mosquito and Vector Control Board - In November of 2022, Elyse Rasmussen notified the City she will no lon ger be able to serve on the San Gabriel Valley Mosquito and Vector Control Board of Trustees, effective December 31, 2022. Council Member Meshal “Kash” Kashifalghita stated he would like to serve on the Board. In checking with the San Gabriel Valley Mosquito and Vector Control District, most Cities appoint a Council Member to the Board.

Staff recommends that the City Council appoint Council Member Meshal “Kash” Kashifalghita to the San Gabriel Valley Mosquito and Vector Control Board o f Trustees for a te rm of four years at the discretion of the City Council per California Health and Safety Code Section 2024 (a).

d. Rejection of Bid for the Las Flores Park Aquatic Center Pool Decking and Plaster Improvement Project - The Community Services Department recently solicited bids for improvements to the pool facilities located at the Las Flores Park Aquatic Center. The planned improvements include installation of new shade structures around the perimeter of the pool, demolition and replacement of the pool deck area and replacement of the existing pool tile and plaster. The project was advertised on November 14 and November 21, 2022 with bid proposals received and opened via electronic platform “Planet Bids” on December 13, 2022.

Staff recommends that the City C ouncil reject the single bid received and direct staff to rebid the project at a future date.

e. Award of Contract to Air Exchange for Fire Department Plymovent Exhaust Removal Upgrades - The Fire Department recommends the Council authorize a contract of $119,972.46 with Air Exchange of Ontario, California, to repair, modify and replace the exhaust removal systems at the City’s three fire stations. This expenditure was allocated in the 2022/23 fiscal year budget.

Staff recommends that the City Council authorize the City Manager to execute a purchase order and agreement with Air Exchange in the amount of $119,972.46 to modify and improve the aging exhaust removal systems in the Fire Department’s three fire stations and; approve the transfer of $119,972.46 from fund 250 as approved in the City’s Fiscal Year 2022-23 budget.
4 AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 4

f. Ratification of Purchase Order to Braun NW, Inc., for a Replacement Ambulance - City Council ratification of a City Manager approved Purchase Order of $197,738 with Braun NW, Inc. is req uested to complete the buildout of a replacement ambulance on a previously purchased chassis

Staff recommends that the City Council ratify, and approve a Purchase Order in the amount of $197,738 to Braun NW, Inc., to complete the build out of a previously purchased 2022 F450 Ford 4x2 ambulance chassis , appropriate $197,738 from Community Facilities District 90- 1 Fund and authorize adjustments to the 2022 -23 adopted Budget.

g. Renewal of Weathermatic Smart Irrigation Controller AirCard Software - In December of 2011, the City Council authorized the purchase of “Smart” irrigation controllers for all City - maintained landscape areas, including the Landscape Maintenance Districts (LMDs).

Renewal of the existing Smartlink Aircard software with new Smartlink sof tware is needed to continue efficiency, effectiveness and maintain the health and appearance of the landscape.

Included with the software is Smartlink Aircards hardware. These Smartlink Aircards connect the Smartlink controllers to the web application, whi ch provides web- based control from a computer, tablet, or smartphone. It is estimated by using this software there is a saving of 25% or more of water each year over standard irrigation controllers. Funding of $90,773 for the Aircard software purchase is a vailable through existing parks operations accounts, and some operational funding from benefitting LMDs. This software program is valid for four (4) years and is eligible for renewal after four (4) years.

Staff recommends that the City Council authorize the renewal of Smartlink Aircards and software and authorize the appropriation of $90,773 for the purchase of Smartlink Aircards and Software.

h. Approval of Additional Expense for Amherst Treatment Plant Nitrate Vessels Repairs -
The original purchase order to repair the nitrate removal vessels at the Amherst Treatment Plant was approved October 13, 2021 for $99,695.00. During repairs to the Amherst Treatment Plant nitrate removal vessels, additional corrosion spots were discovered, requiring additional welding and a complete interior coating of vessels. This change order amount was $23,842.86. Total adjusted contract amount is $123,537.86.

Staff recommends that the City Council approve the Change Order amount of $23,842.86 required for the completion of re pairs for vessels 5 and 10 at Amherst Water Treatment Plant.

i. Replacement of Two (2) Dodge Ram Water Department Vehicles - The Public Works
Department Fleet Maintenance Division is seeking to replace a Water Department 2009 Ford F250 Service Body (Unit 2082) and a Streets Department 2008 Ford F250 Service Body (Unit 2097). Assessment of currently available equipment and field evaluations were conducted to identify suitable replacement units.

Staff recommends that the City approve the purchase of two (2) Dodge Ram 2500’s from Huntington Beach Chrysler Jeep.

5 AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 5

j. Declaration of Surplus Property Including Vehicles and Equipment - Certain vehicles and equipment have been depreciated through the equipment fund and scheduled for replacement. Each unit is no long er useful or is ineffective for current operational requirements. Each will become surplus to the City’s operational needs and should be disposed per Administr ative Regulation (AR) No. 606. This action is not considered a “Project” under the definition of the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review.

Staff recommends that the City Council declare the vehicles and equipment identified in Attachment A as surplus to the City’s needs and further recommends that staff be directed to sell each in a fair and equitable manner per AR No 606.

Staff recommends approval and passage of the following Resolutions:

1. Resolution No. 23 -01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA VERNE, COUNTY OF LOS ANGELES, ST ATE OF CALIFORNIA, DESIGNATING KIMBERLY HALL BARLOW AS CITY ATTORNEY OF THE CITY OF LA VERNE - On December 31, 2022, City Attorney Robert Kress retired after 32 years of service to the City of La Verne. Upon his retirement, Kimberly Hall Barlow , a partner of the Jones Mayer Law, will serve as City Attorney of La Verne.

That the City Council approve Resolution No. 23 -01, designating Kimberly Hall Barlow as the City Attorney of the City of La Verne effective January 1, 2023.

2. Resolution No. 23 -02
- A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF

LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE

EXECUTION OF THE SAFE CLEAN WATER REGIONAL FUNDS TRANSFER

AGREEMENT BETWEEN THE CITY OF LA VERNE AND THE COUNTY OF LOS ANGELES FLOOD CONTROL DISTRICT - Staff is seeking appropriations of Measure W funds in the amount of $60,000 to be added to Fiscal Year (FY) 2022- 23 adopted Budget and Council authorization to enter into an agreement with the Los Angeles County Flood Control District (LACFCD) fo r the transfer of funds coming from the Regional portion of the Safe Clean Water Program (Measure W). These funds are allocated for design costs of a stormwater capture project at Pelota Park, the agreement formalizes the details that include a budget, rep orting requirements, timelines and other details.

Staff recommends approval of Resolution 23 -02, authorizing the City Manager to execute the attached Transfer Agreement between the Los Angeles County Flood Control District and the City of La Verne to tran sfer funds from the Safe Clean Water Regional Program (Measure W) to the C ity of La Verne. Appropriate $60,000 to be added to the FY 2022 -23 adopted Budget of Measure W funds to prepare the design project for bid.
6 AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 6

3. Resolution No. 23 -04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PROCLAMING A LOCAL EMERGENCY REGARDING WINTER STORM DAMAGES - Due to the recent series of winter storms, and the projected continuation of a heavier than normal winter st orm pattern exhibiting “atmospheric river” conditions, it is recommended that the City Council declare a local State of Emergency to support emergency response and recovery efforts and gain potential financial assistance in case of localized impacts.

Staff recommends that Council adopt Resolution 23-04, declaring a Local State of Emergency, and authorize the City Manager to execute necessary agreements in support of local emergency response, recovery, and repair efforts for damage related to winter storms covered under the declaration.

7. PUBLIC HEARINGS

Community Development Block Grant Program (CDBG) for 2023- 2024 - This is the 49 th funding year for the Community Development Block Grant Program. According to the Los Angeles County CDBG Bulletin, the Ci ty of La Verne will be allocated approximately $156,474 in Community Development Block Grant (CDBG) funds.

STAFF RECOMMENDATION: That the City Council conduct Public Hearing regarding the allocation of the 2023-24 Community Development Block
Grant funds; and, adopt Resolution 23-03 approving the
proposed projects for funding.

Resolution No. 23 -03 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, APPROVING

PARTICIPATION IN THE COMMUNITY DEVELOPMENT

BLOCK GRANT PROGRAM AND SELECTING CERTAIN
PROJECTS FOR FU NDING IN THE FISCAL YEAR 2023 -
2024.

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 wis h to speak, email your phone number and staff will call you back. There is a 3-minute time limit on public comments.

7 AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 7

9. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS - Each Council Member may address the Council and public on matters of general i nformation 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:

a. The City Council will meet in Closed Session pursuant to Government Code section 54956.8) for the following:

Conference with Real Property Negotiator

Property: 2425 “E” Street
City Negotiating Parties: City Managers, Interim Public Works Director and City Attorney
Negotiating Parties: La Verne Church of the Brethren
Under Negotiation Price and Term of Payment of Possible Lease of Parking Lot

b. The City Council will meet in Closed Session pursuant to Government Code Section 54957.6 for the following:

Conference with Labor Negotiators.

Negotiators: City Manager, Assistant City Manager, and City Attorney

Employee Organization(s): La Verne City Employees Association, La Verne Police Officers’ Association, La Verne Police Middle Management Association and all unrepresented employees.

11. ADJOURNMENT

THENEXT REGULAR MEETING of the La Verne City Council
is scheduled for Monday, February 6, 2023, at 6:30 p.m. 8 AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 8

ADVISORY STAFF

____ Ken Domer, City Manager
____ JR Ranells, Assistant City Manager
____ Kimberly Hall Barlow, City Attorney
____ Lupe Gaeta Estrella, Assistant City Clerk
____ Anthony Ciotti, Interim Public Works Director
____ Eric Scherer, Director of Community Development
____ Christy Lopez, Finance Director
____ Colleen Flores, Police Chief
____ Christopher Nigg, Fire Chief
____ Yvonne Duran, Community Services Manager
____ Cody Howing, City Engineer

Posting Statement: Reposted on January 11, 2023, 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 www.cityoflaverne.org.

9 MINUTES OF A REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF

LA VERNE
Monday, December 19, 2022
________________________________________________

1. A regular meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:32 p.m.

2. Council Members present: Mayor Tim Hepburn
Mayor Pro Tem Rick Crosby
Council Member Wendy Lau
Council Member Steven Frank Johnson
Council Member Meshal “Kash” Kashifalghita

Absent: None.

Advisory personnel present: City Manager Ken Domer
Assistant City Manager JR Ranells
City Attorney Robert L. Kress
Assistant City Clerk Lupe Gaeta Estrella
Interim City Manager Jesse Duff
City Engineer Cody Howing
Community Development Director Eric Scherer

3. Pledge of Allegiance was led by Mayor Hepburn.

4. Announcements of Upcoming
Community Events
Danita Beauchamp reported that the Los Angeles Board of Supervisors are meeting on Tuesday, December 20, 2022 at 9:00 a.m.

Council Member Johnson announced that the La Verne Church of Brethren is holding their Christmas Concert again on Wednesday, December 21, 2022.

Council Member Lau announced that Tri-City Mental Health Authority is holding their meeting on Tuesday, December 20, 2022 at 5:00 p.m ., via zoom.

5. Recognition of Retiring City
Attorney Robert Kress
Mayor Hepburn, on behalf of the City Council, recognized, and thanked retiring City Attorney Robert Kress for his long-time dedication and service to the City of La Verne. Mayor Hepburn presented him with a plaque for his 32 years of service with the City of La Verne. City Attorney Kress will be retiring at the end of the year. He was appointed City Attorney on October 1, 1990. Mayor Hepburn and the City Council thanked him for his 32 years of service and wished him well on his retirement.

Mayor Hepburn introduced Kimberly Hall Barlow from the Offices of Jones & Mayer who will be replacing Robert Kress as the new City Attorney.

Former Mayor Don Kendrick also recognized and thanked City Attorney Kress for his service, legal expertise and guidance over the years when he was on Council. He stated that the City Attorney made La Verne a better City and wished him well on his retirement.

City Attorney Kress thanked the City Council.

10 January 17, 2023, City Council Meeting
Page No. 1
City Council Minutes, Monday, December 19, 2022, Page 2.

Rick Sandona, La Verne resident, also thanked City Attorney Kress for his service and that the City of La Verne was better off because of his long-term service.

Mayor Hepburn stated he also appreciated the City Attorney and his service to the City of La Verne. He also took a moment to thank Interim City Manager Jesse Duff for his leadership while they recruited for a new City Manager.

6. Consent Calendar It was moved by Crosby, seconded by Johnson, and unanimously carried to accept, approve, or act on the Consent Calendar items. Resolution No. 22- 82, La Verne Firefighters’ Memorandum of Understanding and Resolution No. 22-85, Los Angeles Sanitation District Annexation were pulled for further discussion.

City Council Minutes City Council Minutes of December 5, 2022 received and filed

Register of Audited Demands Register of Audited Demands in the amount of $760,664.35 dated December 1, 2022 and in the amount of $1,390,738.14 dated December 8, 2022, approved as recommended by Finance Director Lopez.

Old Town La Verne Business
Improvement District – Transfer
of Funds
Old Town La Verne Business Improvement District (District) –Transfer of Funds - The Old Town La Verne Business Improvement District Advisory Board proposed to transfer $6,000 to Old Town La Verne Business Association (Association) from the proceeds of the 2022 La Verne on Tap Beer Walk. Expenditures by the District greater than $5,000 require City Council approval.

The District Advisory Board and staff recommended that the City Council approve the transfer of $6,000 to the Association from the District’s budget from the proceeds of the 2022 La Verne on Tap Beer Walk. Approved as recommended.

Staff recommended approval and passage of the following Resolutions:

Pulled for further Discussion

Resolution No. 22-82,
Authorizing Execution of a
Memorandum of Understanding
with the La Verne Firefighters;
Association
Assistant City Manager Ranells reported he pulled this item off the Consent Calendar to thank the La Verne Firefighters’ Association (LVFA) for meeting and negotiating a new Memorandum of Understanding. He stated that as a result of an impasse, LVFA is currently working under terms and conditions of employment implemented by the City Council in September 2021. Staff and LVFA representatives have been meeting since July 2022 and a tentative agreement was reached based on direction from the City Council.

Andy Glaze, La Verne Firefighters’ Association President thanked City Council and staff for their support and for the approval of the Memorandum of Understanding. He wished everyone a Merry Christmas and Happy New Year.

Mayor Hepburn stated it took a lot of work and change, but he was pleased with the outcome. He stated that the Fire Department is in a much better place. He thanked the La Verne Firefighters’ Association, City Council and staff for their efforts in coming to a resolution.

Assistant City Manager Ranells recommended that the City Council adopt Resolution 22-82, authorizing the City Manager to execute a Memorandum of Understanding between the City of La Verne and the LVFA, amending the salary schedule for full-time employees, and appropriating $74,000 from the General Fund.
11 January 17, 2023, City Council Meeting
Page No. 2
City Council Minutes, Monday, December 19, 2022, Page 3.

Resolution No. 22-82,
Authorizing Execution of a
Memorandum of Understanding
with the La Verne Firefighters’
Association

It was moved by Crosby, seconded by Johnson, and unanimously carried to approve Resolution No 22-82, authorizing the execution of a Memorandum of Understanding with the La Verne Firefighters’ Association through December 31, 2026 and approved the appropriation of $74,000 from the General Fund.

Resolution No. 22-82 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,

AUTHORIZING THE EXECUTION OF A MEMORANDUM OF

UNDERSTANDING BETWEEN THE LA VERNE CITY COUNCIL AND THE LA VERNE FIREFIGHTERS’ ASSOCIATION (LVFA) THROUGH DECEMBER 31, 2026. Approved as recommended by staff.

Resolution No. 22-83,
Amending Resolution No. 22-
48, the Salary Chart for Full-
Time to Include the Approved
Salary for City Manager
Resolution No. 22-83 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING RESOLUTION NO. 22-48, THE SALARY CHART FOR FULL-

TIME EMPLOYEES, TO INCLUDE THE APPROVED SALARY FOR CITY MANAGER - Resolution No. 22-83, reflects an amendment to the salary chart for full-time employees based on the City Council approved salary for City Manager.

Assistant City Manager Ranells recommended that the City Council adopt Resolution No. 22-83, amending the full-time salary chart. Approved as recommended.

Resolution No. 22-84,
Approving the Area D Regional
CERT Mutual Aid Agreement
Resolution No. 22-84 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,

APPROVING THE AREA D REGIONAL CERT MUTUAL AID AGREEMENT - The Area D Regional CERT Mutual Aid Agreement was developed to coordinate CERT resources and to establish a formal CERT Mutual Aid Program. The Agreement standardizes program and training requirements for CERT teams participating in the Area D Regional CERT Mutual Aid Program and provides protocols and procedures for parties to provide, as well as obtain, assistance. The Area D Disaster Management Coordinator will maintain records of cities that are participating in the Agreement and will assist with coordinating the deployment of CERT teams when a CERT Mutual Aid request is received.

Fire Chief Nigg recommended that the City Council adopt Resolution No. 22- 84, approving the Area D Regional CERT Mutual Aid Agreement and authorize the City Manager to execute the Agreement. Approved as recommended.

Pulled for further Discussion.

Resolution No. 22-85,
Approving the Joint Tax
Sharing Resolution with
Affected Agencies
Danita Beauchamp, La Verne resident asked if the sanitation annexation were for both of the Brandywine Fruit and Walnut projects.

Mayor Hepburn responded it was not and that it’s a totally separate matter. The annexation was only for sewer connection.

City Engineer Howing recommended that the City County adopt Resolution No. 22-85, approving the joint tax sharing resolution with the affected agencies.

It was moved by Crosby, seconded by Johnson, and unanimously carried to approve Resolution No 22-85, approving the Joint Tax Sharing Resolution with Affected Agencies.

12 January 17, 2023, City Council Meeting
Page No. 3
City Council Minutes, Monday, December 19, 2022, Page 4.

Resolution No. 22-85,
Approving the Joint Tax
Sharing Resolution with
Affected Agencies
Resolution No. 22-85 - A JOINT RESOLUTION OF THE CITY OF

LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND

THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES

ACTING ON BEHALF OF LOS ANGELES COUNTY GENERAL FUND, LOS

ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY CONSOLIDATED

FIRE PROTECTION DISTRICT, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, AND THE

GOVERNING BODIES OF CITY OF LA VERNE AND THREE VALLEYS

MUNICIPAL WATER DISTRICT APPROVING AND ACCEPTING

NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING
FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21
(ANNEXATION NO. 769.) - The County Sanitation District No. 21 annexation process requires that a resolution for property tax revenue exchange be adopted by affected local agencies before an annexation to the County Sanitation District No. 21 may be approved. Approved as recommended.

Ordinance(s), Second Reading, approval recommended.

Ordinance No. 1113.

Amending Chapter 9.40 of Title
9 of the La Verne Municipal
Code Relating to Property
Maintenance and Public
Nuisance
Ordinance No. 1113 - AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING CHAPTER 9.40 OF TITLE 9 OF THE LA VERNE MUNICIPAL

CODE RELATING TO PROPERTY MAINTENANCE AND PUBLIC NUISANCE - La Verne’s nuisance abatement ordinance has not been updated in several years. The State Legislature provides remedies, including costs recovery for abatement of public nuisances, that the current municipal code does not currently account for. This comprehensive ordinance provides the City with the widest range of options for abatement and cost recovery. Ordinance No. 1113 was placed on first reading on December 5, 2022.

City Attorney Kress recommended approval of Ordinance No. 1113, amending Chapter 9.40 of Title 9 of the La Verne Municipal Code relating to property maintenance and public nuisance. Approved as recommended.

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 Kashifalghita wished City Attorney Kress good luck on his retirement and thanked him for his service. He also thanked Interim City Manager Jesse Duff for his service and leadership and wished him the best on his retirement.

Council Member Johnson recognized Interim City Manager Jess Duff for his leadership. He stated that he really appreciated working with him and that he did a good job. He reminded everyone of the La Verne Church of Brethren Christmas Concert again on Wednesday, December 21, 2022.

13 January 17, 2023, City Council Meeting
Page No. 4
City Council Minutes, Monday, December 19, 2022, Page 5.

Council Member Lau thanked Interim City Managers Duff for his leadership and assistance. She wished him a happy retirement. She recognized and thanked City Attorney Kress for his service and wished him well on his retirement.

Mayor Pro Tem Crosby wished everyone a Merry Christmas and a Happy Hanukkah. He was happy to report that the City of La Verne Recreation Brochure was back. He thanked Community Services Manager Duran and staff for preparing and getting the brochure out. He stated that the City was still looking for volunteers Christmas Morning.

Mayor Hepburn spoke about the success of the Spark of Love Toy Drive and the donation of bicycles. He thanked Council Member Kashifalghita, the La Verne Fire Department and the many businesses for their participation in the toy drive. He thanked Interim City Manager Duff and City Attorney Kress for their service and wished them well on their retirement. He welcomed new City Manager Ken Domer. He thanked the person who gave the Council cookies.

Mayor Hepburn announced that due to limited need and consistent with past practices, the January 3, 2023, Council meeting is cancelled. He wished everyone a Merry Christmas and Happy New Year!

9. Adjournment at 7:10 p.m.

Respectfully submitted,

Lupe Gaeta Estrella, CMC
Assistant City Clerk

14 January 17, 2023, City Council Meeting
Page No. 5
This page left intentionally blank
This page left intentionally blank
15 January 17, 2023, City Council Meeting
Page No. 6

CITY OF LA VERNE

DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND HAVE BEEN REVIEWED BY THE FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.

SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.

AMOUNT ISSUED TO DESCRIPTION
l.

2. 3.

4. 5.

6. 7.

8. 9.

10. THREE VALLEYS MUNICIPAL WATER DISTRICT WATER USE. OCTOBER 2022 GREENSCAPE MAINTENANCE SERVICES INC. CITYWIDE MAINTENANCE SERVICES. SEPTEMBER 2022 TO DECEMBER2O22 CAL.LINE EQUIPMENT, INC. FLEET DEPARTMENT PURCHASE OF A BRUSH CHIPPER

SDC ENGINEERING INC, MAINERO SQUARE IMPROVEMENTS
GENTRY BROTHERS, INC. EMERGENCY REPAIR TO WATER LINE
E BIKECYCLERY POLICE DEPARTMENTPURCHASEOF4 ELECTRIC BIKES

INVISIO COMMUNICATIONS INC LA CLEAR PURCHASE OF RADIO EQUIPMENT AND SOFTWARE STATE WATER RESOURCES CONTROL BOARD DRINKING WATER PROGRAM FEES . JULY 2022 TO JUNE 2023 INTER-CON SECURITY SYSTEMS, INC. PARKING ENFORCEMENT SERVICES . NOVEMBER 2022 GLENN B DORNING, INC. FLEET DEPARTMENT PURCHASE OF A FLATBED TRAILER

OTHER DEMANDS
$ 942,877.09
DEMANDS OF $93.6I WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.

IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED

FINANCE DIRECTOR
471,826.65
81,628.32
75,109.76
65,823.44
28,221.00
23,511.84
l9,l 13.00
17,666.00
13,619.34
I1,41s.36
t34.942.38
Page I of4
16 January 17, 2023, City Council Meeting
Page No. 7

CITY OF LA VERNE

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUNT ISSUED TO
l2/1st2022
162210
t622tl
162212
t62213
162214
162215
t62216
162217
162218
t62219
162220
162221
162222
162223
162224
162225
162226
162227
162228
162229
162230
162231
162232
162233
162234
16223s
r62236
162237
r62238
162239
162240
162241
162242
162243
162244
16224s
162246
162247
162248
t62249
162250
162251
162252
162253
t62254
162255
162256
162257
t622s8
162259
162260
162261
t62262
162263
162264
162265
162266
16226',1
162268
162269
4,637.47
2,262.13
4,508.66
39t.97
700.00
l9,l 13.00
2,3t6.t8
248.03
123.60

75.00 427.05
699.00

47.60 328.6t
140.00
100.00
7,559.42
1,104.64
389.26
75,t09.76
2,674.00
900.00
1,000.00

94.99 196.00
250.00

98.35 507.48
ll 1.00
1,650.23
375.00
1,900.00
100.00
I15.00
2,739.18

45.00 70r.00

89.00 6,000.00
23,5 r 1.84
2,603.30
825.72
2,570.35
331.46

60.00 28,22t.00
I t,4r5.36
144.90
1,929.07

40.00 2,521.16
336.60
1,395. l 3
7,050.00
205.00

78.55 t,552.51

85.00 6,372.21
175.00

AXELLIANT LLC

B&H PHOTO VIDEO

CALIFORNIA DEPT OF TAX & FEE ADMIN

CHRISTOPHER HOYER

INVISIO COMMUNICATIONS INC

ODP BUSINESS SOLUTIONS, LLC

ODP BUSTNESS SOLUTIONS, LLC
RFI ENTERPRISES INC.

SOCAL SHRED LLC

SOUTHERN CALIFORNIA TROPHY COMPANY

TOWERSTREAM CORPORATION

ABEL GANDARA
AIRGAS USA, LLC.

ALL PURPOSE DOCUMENT DESTRUCTION
AMERICAN WATER WORKS ASSN.

ATHENS SERVICES
BAB STEERING FTYDRAULICS, INC.

BEILSTEIN, ERIN
CAL.LINE EQUIPMENT, INC.

CALIFORNIA PEST MANAGEMENT,INC.

CCS INTERACTIVE
CERT

CHARTER COMMUNICATIONS

CITY OF LA VERNE RSVP

CLEANTECH ENVIRONMENTAL INC

COLLEY FORD

DEPARTMENT OF PUBLIC HEALTH
CPAC,INC.

CALIFORNIA PEACE OFFICERS' ASSOC.

DAMIAN MARTINEZ

DANIEL SANCHEZ

DANNYANNABI
DATAPROSE, INC.

DAVID & MARGARET FAMILY OF PRO

DEPARTMENT OF JUSTICE

DIRECTV

DIVE/CORR,INC

E BIKE CYCLERY
ECONOLITE SYSTEMS, INC.

ROBBIN EKMAN

EWING IRRIGATION PRODUCTS

FACTORY MOTOR PARTS
GAETA SR., EDUARDO
GENTRY BROTHERS, INC.

GLENN B DORNING,INC.

GOLDEN STATE WATER COMPANY
HARzuNGTON INDUSTRIAL PLASTICS, I.LC

HEATHER KOLLER

HINDERLITER, DE LLAMAS & ASSOCIATES

HIRSCH PIPE AND SUPPLY
HOLLIDAY ROCK CO.

HOT WIRE ELECTRIC
IMS REFRIGERATION, INC.

INMARK

JAMES WOLF

JEANNA WILLIAMS

JONES & MAYER

KATHRYN KOWALEWSKI
Page2of 4
17 January 17, 2023, City Council Meeting
Page No. 8

CITY OF LA VERNE

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOI.]NT ISSUED TO
t2/15/2022
1622'.t0
t62271
162272
162273
162274
162275
162276
162277
162278
162279
r62280
t62281
162282
162283
162284
16228s
162286
162287
162289
162290
162291
162292
162293
r62294
162295
162296
162297
162298
162299
I 62300
162301
162302
162303
162304
162305
162306
162307
r62308
162309
162310
162311
1623t2
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EF'T
EFT
EFT
EFT
EFT
136.52
8 t 0.00

99.t7

90.00 63.75

17.90 235.21
2,000.00
I 15.00
I10.00
554.65
304.'77
1,165.00
I,375.00
470.00
36s. I 5

54.00 34.00
105.00
250.00

99.00 30.00
1,465.01
t69.71
1,284.70
123.t7
175.00
9,144.45
145.80
2,214.93
546.00
2,098.38
5,727.60
100.00
r 7,666.00

7.65 4,945.00
100.00
1,762.35
614.33
427.83

49.51 490.00
828.84
9l.50
893.99
325.07
250.00
1,750.00

79.26 6,153.00
1,000.00
768.60
929.59
8t,628.32
105.43
13,619.34
328.69
4,250.00
552.12
KBJ REAL ESTATE INC.

KELLY'S K-9 COLLEGE

KEYSTONE UNIFORM DEPOT

KHOUNG CHAU & CINDY CHIV

KI SERVICES

KONICA MINOLTA BUSINESS SOLUTIONS

LA VERNE POLICE DEPARTMENT
LA VERNE 58 LLC

LUCY BOYADIIAN

MARLENE HANNUM

MICHAEL MARTINEZ
MCKINLEY ELEVATOR CORP.

MCLAY SERVICES,INC.

MORA PLUMBING
NATIONAL RECREATION & PARK ASSN.

ODP BUSINESS SOLUTIONS, LLC
PACIFIC PRECISION, INC.

PACIFIC RIM MECHANICAL CONTRAC

PRISCILLA GARCIA

PURDY, COLTN
RADC

RAY AUTO REPAIR

RUSSI, ROBERI'

SALAS, JOSE
SALLY BEAUTY SUPPLY #10682

CONNECTA SATELLITE SOLUTIONS LLC
SCMAF.SAN GABRIEL VAI.LEY

SDI PRESENCE LLC

SO CAL GAS CO
SOUTHWEST LIFT & EQUIPMENT, INC.

STARBERRY FARMS

STATE INDUSTRIAL PRODUCTS
SUPERIOR COURT OF CA,COUNTY OF L.A.

SUZANNE DENNY

STATE WATER RESOURCES CONTROL BOARD

THE COIN DEPOT

TIDY DIESEL TANKS
TzuPEPI SMITH

VERIZON
WAGEWORKS,INC.

XEROX CORPORATION
I975 PUDDINCSTONE DRIVE LLC
ACOM SOLUTIONS,INC.

ALL STAR FIRE EQUIPMENT INC,
AM-TEC TOTAL SECURITY INC.

AMAZON CAPITAL SVCS - LVPD
AMAZON CAPITAL SVCS. PUBLIC WORKS

BEE REMOVERS

CALIBER COMMERCIAL POOL SERVICE

COASTLINE EQUIPMENT

ENVIRONMENT CONTROL PUENTE HILLS
FORENSIC NURSE SPECIALISTS, INC.

GENERAL PUMP COMPANY

GRAINGER
GREENSCAPE MAINTENANCE SERVICES INC.

HI-WAY SAFETY INC.

INTER.CON SECURITY SYSTEMS, INC.

INTERSTATE BATTERY INLAND VALLEY

JAYCOX CONSTRUCTION CNG
L.N. CURTIS AND SONS

Page 3 of 4 ends

18 January 17, 2023, City Council Meeting
Page No. 9

CITY OF LA VERNE

93.61 Total Demand S 942,970.70
LAIMPACT Law Enforcement Task Force Demands
LA VERNE POWER EQUIPMENT,INC.

LOS ANGELES COIJNTY SANITATION DIST,
MARTIN SCHERER ELECTRIC, INC.

SDC ENGINEERING INC.

SOUTH COAST EMERGENCY VEHICLE SERVICES

SUN BADGE CO

THREE VALLEYS MUNICIPAL WATER DISTRICT
Total LAIMPACT Demands
622.77
404.55
460.00
65,823.44
r00.81
1,09r.81
471,826.6s
162209 93,61 STAPLES BUSINESS CREDIT
Total $ 93.61
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities.

Page4of 4
19 January 17, 2023, City Council Meeting
Page No. 10

CITY OF LA VERNE

DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND HAVE BEEN REVIEWED BY TIIE FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.

SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.

AMOLTNT ISSUED TO DESCRIPTION
t.

2. J.

4. 5.

6. 7.

8. 9.

10. 84,366.82 CALGON CARBON CORP.
18,485.65 CITY OF POMONA
5,242.73 SALT WORKS, INC.
4,987.46 BABCOCK LABORATORIES, INC.
4,860.34 TPXCOMMUNICATIONS
4,247.00 STATE WATER RESOURCES CONTROL BOARD
4,240.12 WESTERN WATER WORKS
3,796.06 L.N. CURTIS AND SONS
3,570.66 FRONTIER COMMUNICATIONS
2,679.05 LA VERNE POWER EQUIPMENT, INC.
24,936.83 OTHER DEMANDS
$ 161,412.72
DEMANDS OF $12,637.93 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.

DEMANDS OF S9O8,4I I.47 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS.

IN SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.

NITRATE REMOVAL AT AMHERST TREATMENT PLANT
LAND BASE AGREEMENT. JULY TO DECEMBER 2022

WATER TREATMENT TESTING SUPPLIES
WATER TREATMENT TESTING . OCTOBER TO NOVEMBER 2022
CITY WIDE PHONE AND INTERNET SERVICES - OCTOBER 2022
ANNUAL LICENSING RENEWAL . JULY 2O22TO JUNE 2023

WATER TREATMENT PLANT SUPPLIES

FIRE DEPARTMENT EQUIPMENT
CITY WIDE PHONE AND INTERNET SERVICES - NOVEMBER TO DECEMBER 2022

FIRE DEPARTMENT EQUIPMENT
707L

CHRISTY MPA

FINANCE DIRECTOR
Page I of3
20 January 17, 2023, City Council Meeting
Page No. 11

CITY OF LA VERNE

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUNT ISSUED 1'O
12t22t2022
t62313
t62314
t623ts
162316
t62317
162318
162319
t62325
t62326
t62327
162328
162329
162330
t62331
t62332
162333
162334
162335
162336
162338
t62339
t62340
r62341
r62342
t62343
162344
t62345
162346
162347
162348
162349
t62350
16235t
162352
162353
162354
162355
t62356
162357
I 62358
t62359
t62360
162361
162362
162363
t62364
162365
162366
162367

BANK DRAFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
723,72
r,308.66
464.36
r,000.00

8.74 2,3t6.06
1,370.37
150.00

89.35 100.00
646.16
105.00
84,366.82
239.96
310.00
400.37
774.00
436.27
1,000.00
3,570.66
727.11
234.40
846.23
926.99
568.78
r r 5.00
r6.06
350.00
912.87
r 48.50

50.00 t 8,485.65

36.00 48.00

48.00 s00.00
t,837.66

26.13 1,454.75

76.29 274.62

50.00 4,247.00
I 55.00
4,860.34
120.75

90.32 r 46.81
282.50
1,985.95
4,987.46
479.59
175.00
3,796.06
r60.00
2,679.05
437.50
5,242.73

63.00 150.00
CDW GOVERNMENT,INC.

CELL BUSINESS EQUIPMENT

KENNETH CORDRAY

CORNERSTONE POLYGRAPH
FEDEX
MASERGY CLOUD COMMUNICATIONS, INC.

RAINA PANDIT
AARP
AIRGAS USA, LLC.

ARIANA OROZCO
AT&T

BIANCA DOMINGUEZ
CALGON CARBON CORP.

CHARTER COMMUNICATIONS
CIVILTEC ENGINEERTNG, INC.

DUENAS, LEONARD

EMPLOY AMERICA

FACTORY MOTOR PARTS

FRANCISCO GUZMAN

FRONTIER COMMUNICATIONS

GOLDEN STATE WATER COMPANY

GONZALEZ, JANESSA

HIRSCH PIPE AND SUPPLY

INLAND VALLEY HUMANE SOCIETY
J.C. TUCKER & SON

KATHLEEN FINLEY

LA VERNE CAR WASH
MAINTENANCE SUPERINTENDENTS ASSOC.

O.F. WOLFINBARGER

PAUL CHA

POLICE FUTURISTS INTERNATIONAL

CITY OF POMONA
PORAC

PORAC LDF

POTTS, YASMINE

ROUENH GOCE

SAM'S CLUB/SYNCHRONY BANK

SANDERS LOCK & KEY
SOUTHERN CALIF. REC. RAIL AUTH.

SOUTHERN CALIFORNIA EDISON

STAPLES CREDIT PLAN

SUNSET ACCOUNT LLC

STATE WATER RESOURCES CONTROL BOARD
SWRCB.DWOCP

TPX COMMUNICATIONS

VERIZON WIRELESS
WALTERS WHOLESALE ELECTRIC CO.

WATTCO
986 PHARMACY 8OOI, INC.

CINTAS
BABCOCK LABORATORIES, INC.

COURIER PRINTING,INC,
D.F, POLYGRAPH
L.N. CURTIS AND SONS

LA VERNE CHAMBER OF COMMERCE
LA VERNE POWER EQUIPMENT, INC.

RKA CONSULTING GROUP

SALT WORKS, INC,

SOUTH COAST EMERGENCY VEHICLE SVCS

UNDERGROUND SERVICE ALERT OF SO CAL

Page 2 of 3 ends

21 January 17, 2023, City Council Meeting
Page No. 12

CITY OF LA VERNE

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUNT ISSUED TO
12t22t2022
EFT
908,411.47
12,637.93
Total DemandrT-ll6T2F2lT2-
4,240.12 WESTERN WATER WORKS
161,4t2.72
Total Payroll Demands
Total I,AIMPACT Demands
Payroll and Employee Benefit Payments:
162368
162369
162370
t6237t
BANK DRAF"T

BANK DRAFT

BANK DRAFT
EFT
EFT
EFT
Total
470.00
300.00
2t7.54

9.00 559,589.05
1,579.76
37,968.24
t54,593.82
7,1r8.4r
22,740.33
4,355.47
111,235.34
3,033.43
2,987.00
2,214.08
$ CITY OF LA VERNE EMPLOYEE FUND

FIDELITY INVESTMENTS

REYES, HEATHER

UNITED WAY CAMPAIGN
PAYRO LL I 2 I 04 I 2022- I 2l I 7 12022

STATE DISBURSEMEN'T UNIT

STATE OF CALIFORNIA

STATE OF CALIFORNIA
EMPOWER TRUST COMPANY, LI,C.4OIA
EMPOWER TRUST COMPANY. LLC.457
EMPOWER TRUST COMPANY, LLC.ROTH

UNITED STATES TREASURY

CHARLES SCHWAB BANK

LA VERNE FIRE ASSOCIATION

LA VERNE POLICE OFFICERS ASSOCIATION
$ 908,41 1.47
Break down of standard providers and the benefils they provide Provider Benefits Descriotion
A.C. Newman Co.

Delta Dental
The Hartford
Health Net
Kaiser
Wage Works
US Treasurey
State of California
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
Fire/Police/La Verne
Accidental Death Life Insurance
Employee dental insurance coverage
Life Insurance Policy
Employee health insurance
Employee health insurance
Flexible Savings Account (FSA) deductions
Employee federal tax withholdings
Employee state income tax, unemployment insurance and child support/garnishments 40lA plan
457B plan
Roth plan
Replacement Social Security plan
Employee Group Dues
LAIMPACT Law Enforcement Task Force Demands
162320
162321
t62323
162324

MULTIPLE
Total
$
692.26
201.77
6,r43.90
300.00

5.300.00

CBE LOS ANGELES

CELL BUSINESS EQUIPMENT

CITY OF PASADENA

NUWAY JANITORIAL SERVICES

LAI ENFORCEMENT OPERATIONS
s 12,637.93
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities.

Page 3 of 3 ends

22 January 17, 2023, City Council Meeting
Page No. 13
This page left intentionally blank
This page left intentionally blank
23 January 17, 2023, City Council Meeting
Page No. 14
Agenda Report

CITY OF LA VERNE
City Manager’s Office

DATE: January 17, 2023

TO: Mayor and City Council

FROM: Lupe Gaeta Estrella, Assistant City Clerk

SUBJECT: Appointment to the San Gabriel Valley Mosquito and Vector Control Board Vacancy
___________________________________________________________________________

SUMMARY
In November of 2022, Elyse Rasmussen notified the City she will no longer be able to serve on the San Gabriel Valley Mosquito and Vector Control Board of Trustees, effective December 31, 2022. Council Member Meshal “Kash” Kashifalghita stated he would like to serve on the Board.

In checking with the San Gabriel Valley Mosquito and Vector Control District, most Cities appoint a Council Member to the Board.

RECOMMENDATION
That the City Council appoint Council Member Meshal “Kash” Kashifalghita to the San Gabriel Valley Mosquito and Vector Control Board of Trust ees for a term of four years at the discretion of the City Council per California Health and Safety Code Section 2024 (a).

BACKGROUND
In November of 2022, Elyse Rasmussen resigned from the San Gabriel Valley Mosquito and Vector Control Board of Trustees, effective December 31, 2022. As a result, the City posted a notice of the upcoming vacancy for interested residents to apply. Only Ernie Gonzalez, a previous applicant from the 2018 recruitment , stated he was still interested in the position.

Council was notified and was given the choice of interviewing Ernie Gonzalez or appointing a Council Member who was interested in serving. Since most cities appoint a Council Member to the San Gabriel Valley Mosquito and Vector Control Board of Trustees, and Council Member Kashifalghita stated he would like to serve on the Board, it would be appropriate to appoint Council Member Kashifalghita to the San Gabriel Valley Mosquito and Vector Control Board of Trustees. The California Health and Safety Code does not allow for alternates, thereby only the Trustee has voting authority.
24 January 17, 2023, City Council Meeting
Page No. 15
Control DBtrict
&
San Gabriel Valley
Mosquito&VectorGontrol District _ - ^r
1 1 4s N. Azusa canyon Road, west covina, c"riroil'iigo ftE CEIV E0 Phone: (626) 814-9466 . Fax (626) 337-5686
Gitieeof
Alhambra
Arcadia
Azusa
BaldwinPark
Bradbury
Claremont
Qovina
Duarte
ElMonte
Glendora
lndustry
La Puente
LaVerne
Monrovia
MontereyPark
Pasadena
Pomona
Rosemead
San Dimas
SanGabriel
SierraMadre
South Pasadena
TempleCity
Wdnut
WestCovina
Countyof
LosAngeles
ALM=
E-mail: district@sgvmosq uito.org
?0??0cT t9 Pt{ 3:0lr
fJI',,,ffisxErffi-
October 17,2022
Jesse Duff, lnterim City Manager
City of La Verne
3660'D'Street
La Verne, CA 91750
Dear Mr. Duff:

The office term of Trustee Elyse Rasmussen as the of La Verne representative on the Board-of TiU-stCeSf or-tfhe-SanGa6ri-etValleyMosquito ct will end on December 31, 2022. The Board of Trustees respectfully requests that City Council reappoint Ms.

Rasmussen, or appoint a successor, for the next term of office (two or four years, at City Council's discretion) prior to its January 13,2023 meeting. The Board also requests that notification of said appointment be provided by forwarding a copy of documentation certifying City Council's action to the district.

Per Califomia Health and Safety Code Section 2022 (b) the person appointed by ctU councilto be a member of the board of trustees shall be a voter and resident of the appointing city that is within the district.

Additionally, per Califomia Health and Safety Code Section 2024 (a) the term of office for a member of the board of trustees shall be for a term of two or four years, at the discretion of the appointing authority, beginning January 1 and ending December 31.

Lastly, please note that the California Health and Safety Code does not allow for alternates therefore only the appointed Trustee will have voting authority at board meetings during theirfixed term.
lf you have questions, please do not hesitate to contact me at [email protected] or 626-814-9466 ext. 1 001 .

Respecfri.tiiy,
Cecilia Contreras
Clerk of the Board
La Verne City Council
Trustee Elyse Rasmussen
cc:
25 January 17, 2023, City Council Meeting
Page No. 16
Crrv on LaVBRNE

SISTEB CITIES

NOTICE OF VACANCY
NOTICE lS HEREBY GIVEN, pursuant to California Government Code S 54974, that a vacancy exists for the following:

Board of Trustees for the San Gabriel Valley Mosquito and Vector Control District The San Gabriel Valley Mosquito and Vector Control District is an independent special district. The District is governed by a 27-member board of Trustees, consisting of an appointed representative from each city plus the County of Los Angeles.

The San Gabriel Valley Mosquito and Vector Control District Board of Trustees oversee the conduct of effective programs for surveillance prevention, abatement and control of mosquitos and other vectors. The Board meets on the second Friday of each month at 7:00 am, at their headquarters located at 1145 N. Azusa Canyon Road, West Covina, CA 91790. For additional information go the San Gabriel Valley Mosquito and Vector Control Dlstrict website at www.sovmosquito.orq.

The position is a four-year term from the date of appointment, January 1, 2023, through Decembet 31, 2027 .

Applicants must be '18 years old and have resided within the City of La Verne for at least one year.

Applications are available at the City Clerk's Office, La Verne City Hall, and 3660 D Street, La Verne, CA 91750 or on the City's website www.citvoflaverne.oro. Applications must be filed no later than 6:00 p.m. on Wednesday, November 30, 2022.

Posting Statement: On Novembet 9,2022, a true and correct copy of this Notice was posted on the bulletin boards at La Verne City Hall, La Verne Library, La Verne Police Department, and the La Verne Community Center.

General Administra'tion 903/596-8726 . Water Customer Service 909/596-8744 . Parks & Communily Services 909/596-8700 Public Works 909/596-8741 . Finance909/596-87'i6. Communily Development 909/596-8706 . Building 909/596-8713 Police Department 909/596-1913 . Fire Depanment 909/596'5991 . General Fax 909/596 8737

CITY HALL
3660 "0" Street, La Verne, California S1750-3599
wwv.ci. la-verne.ca.us
26 January 17, 2023, City Council Meeting
Page No. 17
This page left intentionally blank
This page left intentionally blank
27 January 17, 2023, City Council Meeting
Page No. 18
Agenda Report

CITY OF LA VERNE
Public Works Department

DATE: January 17, 2023

TO: Honorable Mayor and City Council

FROM: Cody A. Howing, City Engineer

SUBJECT: Rejection of Bid for the Las Flores Park Aquatic Center Pool Decking and Plaster Improvement Project

________________________________________________________________

SUMMARY

The Community Services Department recently solicited bids for improvements to the pool facilities located at the Las Flores Park Aquatic Center. The planned improvements include installation of new shade structures around the perimeter of the pool, demolition and replacement of the pool deck area, and replacement of the existing pool tile and plaster. The project was advertised on November 14 and November 21, 2022 with bid proposals received and opened via electronic platform “Planet Bids” on December 13, 2022.

RECOMMENDATION

Staff recommends that the City Council reject the single bid received and direct staff to rebid the project at a future date.

BACKGROUND

The Las Flores Park Aquatic Center received a major overhaul in 1997-1998 expanding the facility to its current size . The site includes an Olympic sized competition and diving pool, surrounded by a concrete deck, covered bleacher seating, diving boards , and competition starting blocks among the other existing amenities. Adjacent to the pool is the Aquatics Bui lding which houses, restrooms, lockers, mechanical rooms for pool equipment, and storage space.

The City of La Verne currently has in place a join t-use ag reement with t he University of La Verne and the Bonita Unified School District allowing those organizations use of the pool facilities for the various aquatic and sports programs. As part of that joint -use agreement maintenance costs are to be shared among the three entities.

28 January 17, 2023, City Council Meeting
Page No. 19
January 17, 2023
Rejection of Bids – Las Flores Park Aquatic Center Pool Decking and Plaster Improvement Project

Page 2 ends

While maintenance on this facility is an ongoing task, the current pool plaster is coming to the end of its serviceable life and is in need of replacement. Similarly, the concrete pool deck is also in need of replacement . Both the plaster and pool deck are functional , but to avoid an unplanned shut down of the facility, replacement of the pool plaster and deck have been identified as maintenance needs for the facility.

In addition to the identified maintenance activi ties, the City has se cured a grant for $198,254.00 from the 2018 Parks Bond Act Per Capita Grant Program to fund the installation of new permanent cantilever style shade structures, lifeguard towers, and lane line reels. Replacement of the current shade s tructures will enhance the experience for spectators sitting in the bleacher seating around the pool.

Leading up to this project, City staff coordinated the proposed improvements to the pool facility with both the University of La Verne and the Bonita Uni fied School District to arrange budgeting and scheduling for the proposed work . The planned improvement work was to take place from the beginning of April 2023 to the end of May 2023. During the approximate 11 week period of time prior to the start of th e construction window, the contractor would have had time to obtain a permit from the Los Angeles County of Public Health and arrange for any long lead-time materials.

Prior to scheduled bid opening date, staff organized a non- mandatory pre- bid meeting to be held at the Aquatic Center. A total of three prospective bidders attended the meeting to review conditions of the site prior to bidding the project.

Additionally, a total of eight self -identified prime contractors were on the plan holders list for th e bid documents. On December 13, 2022, one sealed bid was opened for the Las Flores Park Aquatic Center Pool Decking and Plaster Improvement Project.

Following is a summary of the bid results:

BIDDER TOTAL
California Commercial Pools, Inc. $1,964,040.00

The engineer’s estimate for the project was $1,150,000.00. As noted above, the sole bid received was $1,964,040.00. Staff has evaluated the bid of the apparent low bidder and found California Commercial Pools, Inc. to be a responsible and responsive bid. However, due to the significant increase in the amount bid compared to the engineer’s estimate and only receiving a single bid, staff recommends that the bid received be rejected.
29 January 17, 2023, City Council Meeting
Page No. 20
January 17, 2023
Rejection of Bids – Las Flores Park Aquatic Center Pool Decking and Plaster Improvement Project

Page 3 ends

Following the results of the bid, staff reached out to survey listed plan holders on why they chose not to submit a bid. Of those that responded, the leading concern was limited time. Responses indicated that bidders felt that there was not a large enough window to complete the scope of work or that there was so much work currently underway that they were not able to prepare a competitive bid.

Since the window to rebid this project would set back the start date of the project by at least one month and the scheduled window of time for completion of the work is the end of May 20 23, it’s no longer feasible to proceed with the project without impacting programmed uses. Staff recommend that the project be re- bid in the near future to allow the pool maintenance work to occur in late winter through early spring of 2024. Rescheduling of the project will allow for the City and other users of the facility to budget for increases in construction costs and establish a larger scheduling opening for the work to be completed.

In light of the grant funds for the shade structures , that partic ular scope of work will be rebid immediately to maintain the schedule for the grant funds. The related underground work to construct foundations can occur during the previously planned construction window. If material supply chain delays push the delivery of the shade structure components beyond the planned shutdown window, an alternative opening will be identified to allow for final installation of the shade structures which will avoid causing impact to the scheduled uses.

FISCAL

The action to reject the sole bid received does not represent a fiscal impact to the budget.
30 January 17, 2023, City Council Meeting
Page No. 21
This page left intentionally blank
This page left intentionally blank
31 January 17, 2023, City Council Meeting
Page No. 22
Agenda Report

CITY OF LA VERNE
Fire Department

DATE: January 17, 2023
TO: Honorable Mayor and City Council
FROM: Chris Nigg, Fire Chief
SUBJECT: Award of Contract to Air Exchange for Fire Department Plymovent Exhaust Removal Upgrades
______________________________________________________________________

AGENDA SUMMARY:

The Fire Department recommends the Council authorize a contract of $119,972.64 with Air Exchange of Ontario, California, to repair, modify and replace the exhaust removal systems at the City’s three fire stations. This expenditure was appropriated in the Fiscal Year 2022-23 budget as a Capital Outlay related to Fire Equipment Replacement.

RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute a purchase order and agreement with Air Exchange in the amount of $119,972.46 to modify and improve the aging exhaust removal systems in the Fire Department’s three fire stations and;

2. Approve the transfer of $119,972.46 from fund 250 as approved in the City’s Fiscal Year 2022-23 budget.

BACKGROUND:

Authorization is requested for the C ity Manager to execute a contract with Air Exchange, Plymovent’s exclusive California distributor , to modify and replace the exhaust removal systems in the City’s three fire stations.

The existing Plymovent exhaust extraction systems consist of a series of hoses, blowers, controls, and other associated equipment required to connect to the exhaust system of the City’s fire vehicles . The system provides “source capture” of v ehicle exhaust as the vehicles startup, exit, and re-enter the stations. The purpose of a source capture system is to capture the mixture of toxic gases and particulates emitted fro m a diesel engine. These hazardous vehicle emissions discharged into the st ations pose a significant health and safety risk, including substant ial cancer risk, to those exposed to these vehicle emissions.
32 January 17, 2023, City Council Meeting
Page No. 23
JANUARY 17, 2023 CITY COUNCIL MEETING
Award of Contract to Air Exchange

Page 2 ends

One of the significant limitations of the existing Plymovent system is that it is a “back in” type system and does not allow the exhaust extractions system to be used as vehicles pull into th e stations. The proposal from Air E xchange will rectify this limitation by extending the tracks and hoses in all three stations to provide connection to the system when vehicles are entering and exiting the stations. This upgrade will significantly limit firefighter exposure to exhaust emissions into our facilities that are not currently captured.

Beyond the proposal to upgrade the system to a pull -through configuration, a dditional work wi ll include a further drop for the incoming diesel-powered Battalion Chief command vehicle, whereas the Battalion Chief’s vehicle was not previously included in the original system. Finally, the upgrade will include a magnetic hook -up system to replace the current problematic pneumatic attachments, improved controls and blowers, and bring the systems into a state of good repair.

The scope of this procurement is to upgrade rather than replace the exhaust extraction systems in the C ity’s fire stations. Air Exchange is the exclusive California distributor of Plymovent exhaust extraction systems and, thus, is the only vendor able to sell and service the proprietary components such as the tracks, hoses, blowers, and controls proposed to be upgraded.

Consideration has been given to competitive bidding under City of La Verne Administrative (AR) Policy 204. In this instance, obtaining additional bids or quotations will not benefit the City as Air Exchange is the only authorized provider of Plymovent equipment in California. As such, City Council should determine that there would be no advantage to competitive bidding and there is no need to undertake a secondary procurement process.

FISCAL IMPACT:

No impact on the City’s General Fund is anticipated. The total amount requested for the project is $119,972. 46. The estimated project cost of $120,000 is listed and was approved as part of the City’s Fiscal Y ear 2022- 23 budget and funded entirely by monies from the Public Safety Equipment Fund ( fund 250) , which has suff icient reserves to facilitate the purchase.

Respectfully submitted by Robert Russell, Fire Battalion Chief

33 January 17, 2023, City Council Meeting
Page No. 24
Staff Report

CITY OF LA VERNE
Fire Department

DATE: January 17, 2023

TO: Honorable Mayor and City Council

FROM: Chris Nigg, Fire Chief

BY: Jennifer Brown, Management Analyst

SUBJECT: Ratification of Purchase Order to Braun NW, Inc., for a Replacement Ambulance __________________________________________________________________________________

SUMMARY:

City Council ratification of a City Manager approved Purchase Order of $197,738 with Braun NW, Inc. is requested to complete the buildout of a replacement ambulance on a previously purchased chassis.

RECOMMENDATION:

It is recommended that the City Council:

1. Ratify and approve a Purchase Order in the amount of $197,738 to Braun NW, Inc., to complete the build out of a previously purchased 2022 F450 Ford 4x2 ambulance chassis; and

2. A ppropriate $197,738 from Community Facilities District 90-1 Fund and authorize adjustments to the 2022-23 adopted Budget.

BACKGROUND:

Ambulance replacements are scheduled around age, mileage accumulation, and obsolescence. The ambulance being replaced is a 2005 and currently serves as a reserve to our two front line units. It was originally scheduled to be replaced in 2015. As such, it is approaching double its anticipated service life. With a buildout for the replacement ambulance estimated at one-year, actual delivery will not occur until late 2023. The ambulance needing replacement is well outside of the industry standard for ambulance service life, having served our community for 18 years.

In December 2021, our ambulance vendor, Braun NW, made the fire department aware of one final remaining ambulance chassis within their stock. In light of global supply chain issues, the City found it prudent to purchase the ambulance chassis for $51,000 to avoid extreme production delays and economic increases. At the time, the City allocated the funds for the chassis purchase from the general equipment replacement fund but the remaining estimated $200,000 required to buildout the ambulance had not yet been identified. I t was determined the urgent need to purchase the last cab and chassis was the priority due to an imminent 10-15% price increase and critically limited readily available supply.

Industry wide, agencies who failed to procure readily available chassis continue to be plagued with 2–3- year lead times, which the La Verne Fire Department has avoided. However, delaying any further is may potentially negate those efforts, thereby causing an extended production time due to the supply issues.
34 January 17, 2023, City Council Meeting
Page No. 25
JANUARY 17, 2023
Ratification of Purchase Order for Ambulance Purchase

Page 2 ends

Simultaneously, the Fire Department applied for the FEMA Assistance to Firefighters Grant Program (AFG), in the amount of $220,000 to complete the new ambulance buildout . Due to unknown delays within FEMA, notification of grant award was delayed 6 months prohibiting us from moving forward with the ambulance completon. Unfortunately, we were recently notified that we were not chosen to receive the grant.

FISCAL IMPACT:

Approval of this item will require additional appropriations of $197,738 to be added to the FY 2022- 23 Adopted Budget from the CFD 90-1 Fund. There is no impact to the General Fund. 35 January 17, 2023, City Council Meeting
Page No. 26
Agenda Report
City of La Verne
Public Works Department

Date: January 17, 2023

To: Honorable Mayor and City Council

From: Anthony Ciotti, Interim Director of Public Works

Subject: Renewal of Weathermatic Smart Irrigation Controller AirCard Software

AGENDA SUMMARY:

In December of 2011, the City Council authorized t he purchase of “Smart” irrigation controllers for all C ity-maintained landscape areas, including the Landscape Maintenance Districts (LMDs). Renewal of the existing Sma rtlink Aircard software with new Smartlink software is needed to continue efficiency, effectiveness and maintain the health and appearance of the landscape. Included with the software is Smartlink Aircards hardware. These Smartlink Aircards connect the Smartlink controllers to the web application, which provides web-based control from a computer, tablet, or smartphone. It is estimated by using this software there is a saving of 25% or more of water each year over standard irrigation controllers. Funding of $90,773 for the Aircard software purchase is available through existing parks operations accounts, and some operational funding from benefitting LMDs . This software program is valid for four (4) years and is eligible for renewal after four (4) years.

RECOMMENDATION:

Staff recommends that the City Council approve the renewal and purchase of Smartlink Aircards and software for a total of $90,773.

BACKGROUND:

Smart Irrigation controller s tailor watering schedules and run times automatically to meet specific landscape needs. These systems use on-site weather information and site conditions to determine how much water to apply and when to irrigate. They require minimal monitoring and will irrigate the landscape at peak efficiency and at appropriate times. Smart controllers have been proven to save up to 25% more water than traditional irrigation controllers.

36 January 17, 2023, City Council Meeting
Page No. 27
Staff Report Re: Renewal of Weathermatic Smart Irrigation January 17, 2023

Page 2 ends

When initially purchased, staff evaluated several controllers from various manufacturers and eventually determined that the Smartlin k equipment fr om Weathermatic and their system interface was preferred. The Smartlink series of controllers are familiar, easy to understand and program, and is expandable (most models). The controllers were originally purchased because they offered several functions not found in other manufacturer’s products such as a built -in valve locator: location specific weather stations, and specific auto adjust features. The computer interface program is also easy to use with built in reporting and alarm capabilities. Although other controllers are available today, to keep cost down we are continuing with existing controllers and updating Aircards and software.

As previously stated, renewal/replacement or repair of worn- out, run- down, or broken Smartlink Aircard s and software is needed to continue efficiency, effectiveness and maintain the health and appearance of the landscape. These cards connect the existing controller to the Smart link web application and provide web-based control from a computer, tablet, or smartphone and is simple to install.

FISCAL IMPACT:

The Fiscal Year 2022 -23 adopted Budget includes funding within the General Fund ($66,034) and LMD Fund ($24,739) totaling $90,773 to purchase the 95 Aircards with a 4-year service plan.

Respectfully prepared by
Ramiro Nunez, Acting Maintenance Manager

37 January 17, 2023, City Council Meeting
Page No. 28
Agenda Report

CITY OF LA VERNE
Public Works Department

DATE: January 17, 2023

TO: Honorable Mayor and City Council

FROM: Anthony Ciotti, Interim Director of Public Works

SUBJECT: Approval of Additional Expense for Amherst Treatment Plant Nitrate Vessels Repairs
____________________________________________________________________________

AGENDA SUMMARY

The original purchase order to repair the nitrate removal vessels at the Amherst Treatment Plant was approved October 13, 2021 for $99,695. As the project progressed, additional corrosion spots were discovered requiring additional welding and a complete interior coating of the vessels. This additional work resulted in a change order amount of $ 23,842.86 for a t otal adjusted contract amount of $ 123,537.86. The added expense is available within the Water Operating Fund.

RECOMMENDATION

It is recommended that the City Council approve the change order amount of $23,842.86 required for the completion of repairs for vessels 5 and 10 at the Amherst W ater Treatment Plant.

BACKGROUND

On October 13, 2021, a purchase order for the repair of nitrate removal vessels 5 and 10 was approved in the amount of $99,695 with Schuler Constructers. The contract was for the removal of resin , and the sandblasting and patching of rust areas inside the vessel that had rusted completely through. Upon inspection of vessel after sandblasting, other rust areas were discovered that required complete sandblasting a nd additional welding, including the complete re-coating of the two vessels.

The following change order was authorized by staff to continue advancement of the project:

Change
Order Amount Issue

1 $ 23,842.86 Perform additional welding for tanks 5 & 10 and additional sweep blasting after welding. Followed by complete interior coating of vessels.

38 January 17, 2023, City Council Meeting
Page No. 29
City Council, re: Amherst Treatment Plant Nitrate Vessels Repairs January 17, 2023

Page 2 of 2 ends

The total change order and original contract amount increased to $123,537.86. This work was authorized by staff to continue with the necessary and timely repairs of the two vessels. By doing so we were able to continue and complete this job within the contractor’s time frame.

FISCAL IMPACT

Available funding to cover the change order is available within the Water Operating fund in the Fiscal Year 2022-23 Adopted Budget.

Prepared by:

Richard J. Martinez
Utilities Manager

39 January 17, 2023, City Council Meeting
Page No. 30

AGENDA REPORT

CITY OF LA VERNE
Public Works Department

DATE: January 17, 2023

TO: Honorable Mayor and City Council

FROM: Anthony Ciotti, Interim Director of Public Works

SUBJECT: Replacement of Two (2) Dodge Ram 2500 Water Department Vehicles _ _

SUMMARY

The Public Works Department Fleet Maintenance Division is seeking to replace a Water Department 2009 Ford F250 Service Body (Unit 2082) and a Streets Department 2008 Ford F250 Service Body (Unit 2097). Assessment of currently available equipment and field evaluations were conducted to identify suitable replacement units.

RECOMMENDATION

Staff recommends that the City Council approve the purchase of two (2) Dodge Ram 2500’s from Huntington Beach Chrysler Jeep.

DISCUSSION

The Fleet Maintenance Division is responsible for ensuring that the City’s vehicle fleet is maintained and replaced when warranted. Typically, the City will seek bids or use cooperative purchasing agreements to gain the best price for a vehicle. The Ford Motor Company allowed the City to pre-order vehicles ahead of time, however, after allocation calculations were performed for the City of La Verne as part of the manufacturer’s process, the results were given an allocation of zero and thus the City cannot order any vehicles in the super duty category (F250, F350, etc.). Based on this fact, the City had to look at dealerships in the area that had stock readily available for purchase regardless of manufacturer and model. Ultimately, the only manufacturer that had vehicles sufficient to the City’s needs was the 2022 Dodge Ram 2500.

Below are price quotations for two (2) 2022 Dodge Ram 2500 Regular Cab 4x2. They were requested from three Bidders. Price quotations include sales tax and Fees. Based on the results, Huntington Beach Chrysler Dodge Jeeps is the recommended vendor.

Huntington Beach Chrysler Dodge Jeep $102,737.48. or $51,368.74 Each Glendora Dodge Chrysler Jeep $107.530.40. or $53,765.20 Each McPeeks Chrysler Dodge Jeep of Anaheim. $113,386.20. or $56,693.10 Each

FISCAL IMPACT

The $102,737.48 is available within the vehicle replacement fund. 40 January 17, 2023, City Council Meeting
Page No. 31
This page left intentionally blank
This page left intentionally blank
41 January 17, 2023, City Council Meeting
Page No. 32
Staff Report

CITY OF LA VERNE
Public Works Department

DATE: January 17, 2023

TO: Honorable Mayor and City Council

FROM: Anthony Ciotti, Interim Director of Public Works

SUBJECT: Declaration of Surplus Property Including Vehicles and Equipment

AGENDA SUMMARY

Certain vehicles and equipment have been depreciated through the equipment fund and scheduled for replacement. Each unit is no longer useful or is ineffective for current operational requirements. Each will become surplus to the C ity’s operational needs and is proposed to be disposed per Administrative Regulation (AR) No. 606.

RECOMMENDATION

Staff recommends that the City Council declare the vehicles and equipment identified in Attachment A as surplus to the C ity’s needs and disposed per Administrative Regulation No. 606.

BACKGROUND

The Fleet Maintenance Division of the Public Works Department is responsible for the purchase and maintenance of all vehicles and equipment used by the C ity’s various departments. The division prepares specifications for the purchase of new vehicles and equipment, provides routine maintenance and repairs of such equipment, establishes equipment replacement plans, and is responsible for disposing of declared surplus equipment.

The attached listing of equipment has reached its useful service life and has been replaced in accordance with the division’s equipment replacement program and previous Council budget authority. The City follows Administrative Regulation No. 606 when declaring and disposing of surplus property.

This action is not considered a “Project” under the definition of the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review.

FISCAL IMPACT

Equipment listed will be sold in accordance with AR No. 606. Any proceeds will be recorded in the fund where the item was originally purchased.

Prepared by:

Joe Vieyra, Fleet Manager

42 January 17, 2023, City Council Meeting
Page No. 33

Attachement A
Surplus Equipment Listing

UNIT NO. DEPARTMENT VIN/SERIAL # ITEM

2052 Fire 1GNFK23039R106034 2006 Chevrolet Tahoe

3112 Police 3FAHP0HG8CR181763 2012 Ford Fusion

2040 Fleet 1FMCU03188KD00113 2008 Ford Escape

2028 Parks 4FMUS15132R017562 2002 Bandit Brush Chipper

1102 P arks 1M9520206EA069004 1985 Husky Carrier
Lawn Mower Trailer

3070 Water 1FM5K7D86FGA86872 2015 Ford Explorer

N/A Fleet N/A Estimated $7,000.00 of
obsolete non inventoried new
parts.

43 January 17, 2023, City Council Meeting
Page No. 34
Agenda Report

CITY OF LA VERNE
City Manager’s Office

DATE: January 17, 2023

TO: Mayor and City Council

FROM: Lupe Gaeta Estrella, Assistant City Clerk

SUBJECT: Resolution No. 23-01 Designating Kimberly Hall Barlow as the City Attorney of the City of La Verne
____________________________________________________________________________

SUMMARY

On December 31, 20221, City Attorney Robert Kress retired after 32 years of service to the City of La Verne. Upon his retirement, Kimberly Hall Barlow a partner of the Jones & Mayer Law began service as City Attorney.

RECOMMENDATION

That the City Council approve Resolution No. 23 -01, designating Kimberly Hall Barlow as the City Attorney of the City of La Verne effective January 1, 2023.

BACKGROUND

After 32 years of service, City Attorney Robert Kress retired as City Attorney of the City of La Verne. Upon City Attorney Kress’s retirement, Assistant City Attorney Kimberly Hall Barlow, a partner of the Jones & Mayer Law, began service as City Attorney for t he City. Graduating third in her class from UCLA Law School, Ms. Barlow joined the Law Office of Jones & Mayer in 1993. Her practice is devoted almost exclusively to municipal law and litigation. In that capacity, Ms. Barlow has served in the capacity of Assistant City Attorney and City Attorney for over 25 years. Ms. Barlow handles specialized litigation on behalf of the firm's public entity clients, including first amendment, voting rights, and civil rights litigation, adult use ordinances, tax matters and administrative and traditional petitions for writ of mandate. She is well versed in the Brown Act and Conflict of Interest laws, Public Records Act, CEQA claims, licensing and permit decisions, including revocations of conditional use permits, and inverse condemnation claims.

She also regularly prepares ordinances, resolutions, complex transactional documents such as for purchase and lease of public property, development agreements and memoranda of understanding. She currently serves as the City Attorney for the City of Costa Mesa and previously served as City Attorney for the Cities of West Covina, Stanton and Upland.

ATTACHMENTS

Resolution No. 23-01

44 January 17, 2023, City Council Meeting
Page No. 35
RESOLUTION NO. 23-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF

LOS ANGELES, STATE OF CALIFORNIA, DESIGNATING KIMBERLY HALL

BARLOW AS CITY ATTORNEY OF THE CITY OF LA VERNE

WHEREAS, the City of La Verne contracts with Jones Mayer Law for legal services.

BE IT RESOLVED by the City Council of the City of La Verne as follows:

Section 1. That the City Council hereby appoints Kimberly Hall Barlow from Jones Mayer Law as City Attorney of the City of La Verne.

Section 2. The Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.

APPROVED AND ADOPTED this 17
th day of January, 2023

__________________________________
Tim Hepburn, Mayor
ATTEST:

__________________________________
Lupe Gaeta Estrella, Assistant City Clerk

CERTIFICATION

I hereby certify that the foregoing Resolution No. 23-01 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 17 th day of
January, 2023, by the following vote.

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
45 January 17, 2023, City Council Meeting
Page No. 36
Agenda Report

CITY OF LA VERNE
Public Works Department
DATE: Janu ary 17, 2023
TO: M
ayor and City Council
FR
OM: Anthony Ciotti, Interim Director of Public Works
SUBJ
ECT: Safe Clean Water Transfer Agreement with Los Angeles County Flood Control District
_____________________________________________________________________________

AGENDA SUMMARY
St
aff is seeking appropriations of Measure W funds in the amount of $60,000 to be added to Fiscal Year (FY) 2022-23 Adopted Budget and Council authorization to enter into an agreement with the Los Angeles County Flood Control District (LACFCD) for the transfer of funds coming from the Regional portion of the Safe Clean Water Program (Measure W). These funds are allocated for design costs of a stormwater capture project at Pelota Park and the agreement formalizes the details that include a budget, reporting requirements, timelines, and other details.

RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Resolution 23-02, authorizing the City Manager to execute the attached Transfer Agreement between the Los Angeles County Flood Control District and the City of LaVerne to transfer funds from the Safe Clean Water Regional Program (Measure W) to the City of La Verne, and;

2. Appr
opriate $60,000 to be added to the FY 2022- 23 Adopted Budget of Measure W funds to prepare the design project for bid.

BACKGROUND:

The M
S4 permit is the State’s implementation of the Federal National Pollutant Discharge Elimination System (NPDES) program, which was developed and is continuously adapted in response to the Clean Water Act. It is enforced by the Los Angeles Regional Water Quality Control Board, (Regional Board). The latest permit, adopted by the Regional Board on July 23, 2021 is very complex and includes provisions that place a significant burden on cities to regulate and mitigate potential pollutants in storm water.

Due
to the lack of funding for these cumbersome requirements, the County of Los Angeles proposed a property tax measure to be placed on the ballot in November of 2018. Measure W passed, and is now known as the Safe Clean Water Program. The Safe Clean Water P rogram revenues are collected as a parcel tax by Los Angeles County and are broken into three categories. The District program, which receives 10% of the funds, is kept by LACFCD to cover the cost of administration and implementation of the program . The Municipal program, which receives 40% of the funds , go directly to the individual cities to carry out compliance activities, 46 January 17, 2023, City Council Meeting
Page No. 37
January 17, 2023
City Council, re: Safe Clean Water Regional Funds Transfer Agreement

Page 2 of 2 ends

programs and projects. The remaining 50% is allocated for the Regional program, which is the topic of this agreement. The Regional program consists of competitive funding for infrastructure design, construction, implementation, operations and maintenance, and administration of watershed-based projects and p rograms. In order to receive program funds, the C ity must execute the attached agreement which details the City of La Verne’s obligations. Additionally, staff will need to comply with various auditing and report ing requirements, as detailed in the agreement.

FISCAL IMPACT

Approval of this agreement will allocate Safe Clean Water (Measure W) Regional funds to the City. The estimated revenues for the City of La Verne, through this segment of the Safe Clean Water Program are expected to be approximately $1,300,000, to design the Pelota Park Stormwater Capture Project. Appropriations of $60,000 to prepare this project for bid will need to be added to the Fiscal Year 2022- 23 Adopted Budget from Measure W Municipal funds, additional funds will be appropriated through normal budget procedures for future project needs.

There is no impact to the General Fund.

ATTACHEMENTS

A. Resolution 23-02
B. Transfer Agreement

Submitted by:

Lisa O’Brien
Senior Management Analyst

47 January 17, 2023, City Council Meeting
Page No. 38
RESOLUTION NO. 23-02

A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF THE SAFE

CLEAN WATER REGIONAL FUNDS TRANSFER AGREEMENT BETWE EN THE CITY OF

LA VERNE AND THE COUNTY OF LOS ANGELES FLOOD CONTROL DISTRICT

BE IT RESOLVED by the City Council of the City of La Verne as follows:

Section 1. That the City Manager is HEREBY AUTHORIZE D to execute an agreement between the City of La Verne and the County of Los Angeles Flood Control District for the transfer of funds from the Safe Clean Water Program -Regional funds. The agreement includes details about how the funds will be used to accomplish the goals of the program, budgets, timelines, reporting and auditing requirements, said Contract being substantially in the form attached hereto and made a part hereof by reference as though the same were set forth in full herein.

Section 2. That the Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.

APPROVED AND ADOPTED this 17th day of January 2023.

Tim Hepburn, Mayor

ATTEST:

______________________________________
Lupe Gaeta Estrella, Assistant City Clerk

CERTIFICATION

I hereby certify that the foregoing Resolution No. 23 -02 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 17 th day of January,
2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
48 January 17, 2023, City Council Meeting
Page No. 39
Regional Program
Agreement No. 2022RPUSGR03

TRANSFER AGREEMENT BETWEEN

THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
City of La Verne
AGREEMENT NO. 2022RPUSGR03
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of November 21, 2022 by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of La Verne for Pelota Park , hereinafter referred to as "Recipient."
WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runo ff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, Recipient proposes to implement a Funded Activity (as hereafter defined) that is eligible for funding under the SCW Program;
WHEREAS, the Funded Activity is included in a Stormwater Investment Plan (SIP) that has been approved by the County of Los Angeles Board of Supervisors; WHEREAS, the Board approved a standard template Agreement as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code; NOW, THEREFORE , in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Activity Completion” means that th e Funded Activity is complete to the reasonable satisfaction of the District based on review of reports and other documentation as deemed appropriate by the District. If the Funded Activity is an Infrastructure Program Project on District Right-of-Way a separate use and maintenance agreement is required. “Activity Costs” means the total costs necessary to achieve Activity Completion. The Activity Costs for the Funded Activity are described in Exhibit A. “Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. 49 January 17, 2023, City Council Meeting
Page No. 40
Regional Program
Agreement No. 2022RPUSGR03

“Budget Plan” means a Recipient’s plan for funding Activity Completion, including a description of all sources of funds for Activity Costs and a description of how the SCW Program Contribution will be allocated among the tasks identified in the Scope of Work within each fiscal year. Recipient's Budget Plan is described in Exhibit A. “Days” means calendar days unless otherwise expressly indicated. “Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Funded Activity” means the Infrastructure Program Project, or Scientific Study described in Exhibit A – Scope of Work, including the Stakeholder and Community Outreach Plan and all other tasks and activities described in Exhibit A. “Safe Clean Water (SCW) Program Contribution” means the portion of the Activity Costs to be paid for with Regional Program funds provided by the District from the SCW Program as described in the Budget Plan.
“Year” means calendar year unless otherwise expressly indicated.

II. PARTY CONTACTS
The District and the Recipient designate the following individuals as the primary points of contact and communication regarding the Funded Activity and the administration and implementation of this Agreement.

Los Angeles County Flood Control District Recipient:

Name:

Melanie Morita Name: Lisa O'Brien
Address: 11th Floor, PO Box 1460,
Alhambra, CA 91802-1460
Address: 3660 D Street La Verne, CA
91750
Phone: (626) 300-2380 Phone: (909) 596-8741
Email: [email protected] Email: [email protected]

Either party to this Agreement may change the individual identified above by providing written notice of the change to the other party.

III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:

EXHIBIT A – SCOPE OF WORK
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – SPECIAL CONDITIONS
EXHIBIT D – ADDENDUM TO AGREEMENT
EXHIBIT E – NATURE-BASED SOLUTIONS (Best Management Practices) 50 January 17, 2023, City Council Meeting
Page No. 41
Regional Program
Agreement No. 2022RPUSGR03

EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. ACTIVITY COMPLETION
A. The Recipient shall implement and complete the Funded Activity in accordance with the work schedule described in Exhibit A,
B. The Recipient shall comply with the terms and conditions in Exhibits A, B, C, D, E, and F of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code.

C. The Recipient shall fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application for SCW Program Contributions, accompanying documents, and communications filed in support of its application for SCW Program Contributions.

V. SCW PROGRAM FUNDING FOR FUNDED ACTIVITY
A. The District shall disburse the SCW Program Contribution for the 2022-2023 Fiscal Year as described in the corresponding approved Stormwater Investment Plan (SIP) within 45-days of the execution of this Agreement by the last party to sign.

B. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the parties shall enter into an addendum to this Agreement, in the form attached as Exhibit D, regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year. The Recipient expressly acknowledges and agrees that the District is not obligated to disburse any SCW Program Contributions to Recipient for any Fiscal Year beyond the 2022-23 Fiscal Year unless the Funded Activity is included in a duly approved SI P for a subsequent Fiscal Year, the Recipient has complied with the provisions related to the California Environmental Quality Act in Exhibit C, and the parties have duly executed an addendum to this Agreement for that Fiscal Year.

C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.

D. All disbursements shall be subject to and be made in accordan ce with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.

E. The Recipient shall submit the scope of work described in Exhibit A 45 -days after receipt of this Agreement. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, subsequent Exhibit A – Scope of Work will be required 45-days after receipt of the addendum to this Agreement. 51 January 17, 2023, City Council Meeting
Page No. 42
Regional Program
Agreement No. 2022RPUSGR03

VI. Execution of Agreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.

The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been af fixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non -facsimile/electronic) transmission of “original” versions of such documents.

Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknow ledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. 52 January 17, 2023, City Council Meeting
Page No. 43
Regional Program
Agreement No. 2022RPUSGR03

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

Upper San Gabriel River

City of La Verne
Pelota Park

By: ____________________________________
Name:

Title:

Date: __________________________________
53 January 17, 2023, City Council Meeting
Page No. 44
Regional Program
Agreement No. 2022RPUSGR03

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:

By: ____________________________________
Name: Carolina T Hernandez
Title: Assistant Deputy Director
Date: __________________________________

54 January 17, 2023, City Council Meeting
Page No. 45
Regional Program
Agreement No. 2022RPUSGR03

EXHIBIT A – SCOPE OF WORK
A-1. Budget Plan
The Recipient shall submit a detailed Budget Plan for all eligible expenditures for all phases and tasks included in the work schedule for the Funded Activity. The Recipient shall include a summary of leveraged funds and in-kind services for the Funded Activity.

For a Funded Activity that will be performed over more than one Fiscal Year, the Budget Plan must clearly identify the amount of SCW Program Contribution for each Fiscal Year.

A-2. Consistent with SCW Program Goals
By signing this Agreement, the Recipient sh all provide certification that the Budget Plan is consistent with SCW Program Goals as described in Chapter 18.04 of the Code.

The Recipient shall include a summary of how the identified SCW Program Goals are expected to be achieved through the Funded Acti vity, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-3. Estimated Reasonable Total Activity Cost
The Recipient shall submit a detailed estimate total Activity Cost for all phases and tasks included in the work schedule for the Funded Activity.

A-4. Funded Activity Description and Scope of Work
The Recipient shall provide a general description of the Funded Activity and a detailed scope of work. The scope of work may include:

1. Project Management, including required reporting

2. General Compliance Requirements/Project Effectiveness and Performance

3. Permitting and Environmental Compliance

4. Planning, Design, and Engineering

5. Stakeholder and Community Outreach/Engagement Activities

6. Right of Way Acquisition

7. Construction and Implementation

8. Operation and Maintenance
55 January 17, 2023, City Council Meeting
Page No. 46
Regional Program
Agreement No. 2022RPUSGR03

A-5. Operations and Maintenance (O&M) Plan
Where the Funded Activity is an Infrastructure Program Project, the Recipient shall submit a plan describing the activities that are expected to be necessary to perform O&M for the Infrastructure Program Project to ensure it remains in good working order throughout the useful life of the Infrastructure Program Project using SCW Program Contributions. The O&M plan shall address the activities described in Exhibit F to the greatest extent feasible and in as much detail as possible based on the completeness of the Project design and construction. The Recipient shall update the O&M plan in connection with each Addenda until completion of the Infrastructur e Program Project and the submittal of a final O&M plan.

The Recipient shall specifically identify the entity that will be performing the O&M for the lifetime of the Project. If this is not the Recipient, the Recipient shall submit a letter of commitment from the entity that will be performing the O&M (See Exhibit F, for example activities). The letter of commitment shall include details demonstrating how the provider is qualified and capable of providing the necessary ongoing O&M services.

The Recipient may elect to request the local Municipality or District to provide O&M for the useful life of the Infrastructure Program Project using SCW Program Contributions. If the Recipient does not elect to seek the District’s services or if the District is unable to provide the services as requested, the Recipient shall include in the letter of commitment reference to the above details demonstrating how the provider is qualified and capable of providing the necessary ongoing O&M services.

A-6. Post-Construction Monitoring
Where the Funded Activity is an Infrastructure Program Project, stormwater quality monitoring data shall be collected and reported in a manner consistent with the SWRCB database, the CEDEN for a period of three years. The Recipient shall submit a post - construction monitoring plan when the design phase is complete. The post -construction monitoring plan will evaluate the effectiveness of stormwater treatment facilities and include the project description; quality objectives; sampling design; sampling procedures; quality control; data management verification, and reporting; data quality assessment; and data analysis procedures.

A-7. Sustainability Rating
Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, the Recipient shall submit the final score and Envision award level.

A-8. Stakeholder and Community Outreach/Engagement Plan The Recipient shall submit a Stakeholder and Community Outreach/Engagement Plan for Infrastructure Program Projects and include a discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement 56 January 17, 2023, City Council Meeting
Page No. 47
Regional Program
Agreement No. 2022RPUSGR03

activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. The plan shall, at a minimum include:

1. Community outreach activities to provide information to residents and information about upcoming meetings or other engagement activity event is scheduled. Outreach methods used should be appropriate in scale and type to the community being served. Outreach methods include but are not limited to: Online Media Outreach (email blasts, social media, publication on a website) Local Media Outreach (newsletters, local and regional newspapers, and local radio and television) and/or Grassroots Outreach (door-to-door canvassing, phone banking, surveys and focus groups, and distribution of flyers or other printed materials). The District will support outreach efforts through web-based platforms if requested at least four weeks prior to the requested publish date. The District should be included in all social media outreach and notified of all meetings and other engagement events.

2. Community engagement activities solicit, address and seek input from community members for Funded Activities. These events may occur as part of any public meeting with multiple agenda items such as council, commission or committee meetings where public input is invited; or at festivals, fairs, or open houses where a table or booth may be set up.

3. Stakeholder and Community Outreach/Engagement Plan requirements:

Stakeholder and Community Outreach/Engagement Plan activities should occur at the onset of the project, during the design phase, and during construction.

Infrastructure Program
Project Funds
Required Activity 1 Required Activity 2
Up to $2 M Outreach or Engagement
Up to $10 M Outreach ≥1 Engagement
Over $10 M Outreach ≥ 2 Engagements

4. If the Funded Activity is for the O&M of an Infrastructure Program Project Stakeholder and Community Outreach/Engagement Plan activities should occur biennially to remind communities of the SCW Program Contribution.

5. Activities and measures to mitigate against displacement and gentrification. This includes, as applicable, an acknowledgment that the Funded Activity will be fully subject to and comply with any County-wide displacement policies as well as with any specific anti-displacement requirements associated with other funding sources.

6. Tracking Infrastructure Program Project Benefits
57 January 17, 2023, City Council Meeting
Page No. 48
Regional Program
Agreement No. 2022RPUSGR03

The Recipient shall submit an overview of the benefits achieved upon the Activity Completion. SOW shall inc lude quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

7. Work Schedule and Completion Date
The Recipient shall submit a detailed schedule, including start and completion dates for all phases and tasks of the scope of work for the Funded Activity. For Funded Activities that will be performed over more than one Fiscal Year, the work schedule must clearly identify the phases and tasks that will be performed in each Fiscal Year. 58 January 17, 2023, City Council Meeting
Page No. 49
Regional Program
Agreement No. 2022RPUSGR03

EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement

1. SCW Program Contributions distributed to the Recipient shall be held in a separate interest-bearing account and shall not be combined with other funds.

Interest earned from each account shall be used by the Recipient only for eligible expenditures consistent with the requirements of the SCW Program.

2. The Recipient shall not be entitled to i nterest earned on undisbursed SCW Program Contributions; interest earned prior to disbursement is property of the District.

3. The Recipient shall operate in accordance with Generally Accepted Accounting Principles (GAAP).

4. The Recipient shall be strictly acco untable for all funds, receipts, and disbursements related to all SCW Program Contributions made to the Recipient.

B-2. Acknowledgement of Credit and Signage
The Recipient shall include appropriate acknowledgement of credit to the District for its support when promoting the Funded Activity or using any data and/or information developed under this Agreement. When the Funded Activity involves the construction phase of an Infrastructure Program Project, signage shall be posted in a prominent location at Project si te(s) or at the Recipients headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

When the Funded Activity involves a scientific study, the Recipient shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

B-3. Acquisition of Real Property – Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.

Any Recipient that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar -Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the 59 January 17, 2023, City Council Meeting
Page No. 50
Regional Program
Agreement No. 2022RPUSGR03

prior express written consent of the District, which consent shall not be unreasonabl y withheld.

B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorpora ted in this Agreement is binding on any of the parties.

B-5. Assignment
The Recipient will not assign this Agreement without the prior consent of the District.

B-6. Audit and Recordkeeping

1. The Recipient shall retain for a period of seven (7) years after Activity Completion, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Contributions. The Recipient, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estima tes, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Contributions and expenditures.

2. The Recipient is r esponsible for obtaining an independent audit to determine Funded Activity compliance with the terms and conditions of this Agreement and all requirements applicable to the Recipient contained in chapters 16 and 18 of the Code promptly upon Activity Comple tion. For a Funded Activity that will be performed over the course of a period exceeding three years, the District may also perform an interim independent audit every three (3) years until Activity Completion. Audits shall be funded with Regional Program funds.

3. Recipient shall file a copy of the Activity Completion audit report with the District by the end of the ninth (9th) month from Activity Completion. Recipient shall file a copy of all interim audit reports by the ninth (9th) month from the end of each three (3) year period. Audit reports shall be posted on the District’s publicly accessible website.
60 January 17, 2023, City Council Meeting
Page No. 51
Regional Program
Agreement No. 2022RPUSGR03

End-of-Activity Every Third Fiscal Year
Projected
End Date
Audit Report
Due to District
SIP
Fiscal
Year
Audit Period Audit Report
Due to District
1/15/2024 No later than
10/31/2024
2022-24 7/1/2022 to
6/30/2025
No later than
3/31/2026

4. Upon reasonable advanced request, the Recipient shall permit the Chief Engineer, at the District's cost and expense, to examine the Funded Activity.

The Recipient shall permit the authorized District representative, including the Auditor-Controller, at the District's cost and expense, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the Funded Activity.

5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.

If at any time the Funded Activity cannot fulfill the provisions outlined in Exhibit A, the accounts and books of the Recipient may be reviewed or audited by the District.

B-7. Availability of Funds
District’s obligation to disburse the SCW Program Contribution is c ontingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Progr am Contribution, the District shall not be obligated to make any disbursements to the Recipient under this Agreement.

This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreemen t. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any fiscal year is reduced or deleted by order of the Boa rd, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Recipient to reflect the reduced amount.

1. The Recipient will not seek disbursement of any Activity Costs that will be disbursed or reimbursed from other funding sources.

2. The Recipient agrees that it will not request a disbursement unless that cost is allowable, reasonable, and allocable.
61 January 17, 2023, City Council Meeting
Page No. 52
Regional Program
Agreement No. 2022RPUSGR03

B-8. Choice of Law
The laws of the State of California govern this Agreement.

B-9. Claims
Any claim of the Recipient is limited to the rights, remedies, and claims procedures provided to the Recipient under this Agreement. Recipient expenditures of a SCW Program Contribution that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.

B-10. Completion of Funded Activity by the Recipient
The Recipient agrees to pay any and all Activity Costs in excess of the SCW Program Contribution necessary for Activity Completion. The Recipient expressly acknowledges and agrees that if the SCW Program Contribution is not sufficient to pay the Activity Costs in full, the Recipient shall nonetheless complete the Funded Activity and pay that portion of the Activity Costs in excess of the SCW Program Contribution, subject to the provisions of Exhibit C, as applicable.

B-11. Compliance with Law, Regulations, etc.

The Recipient shall, at all times, comply with and require its contractors and subcontractors to comply wit h all applicable County, state and federal laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient shall comply with the Code.

B-12. Competitive Bidding and Procurements
The Recipient’s contracts with other entities for the acquisition of goods and services and construction of public works with SCW Program Contributions must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the State Contracting Manual rules must be followed and are avail able at:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/State-Contracting#@ViewBag.JumpTo B-13. Continuous Use of Funded Activity; Lease or Disposal of Funded Activity Where the Funded Activity involves an Infrastructure Program Project, the Recipient shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of the Funded Activity during the useful life of 30 years of the Funded Activity without prior written approval of the District. Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of pro rata amount of all disbursed SCW Program Contributions together with interest on 62 January 17, 2023, City Council Meeting
Page No. 53
Regional Program
Agreement No. 2022RPUSGR03

said amount accruing from the date of abandonment, substantial discontinuance, lease or disposal of the Project.

B-14. Default Provisions
The Recipient will be in default under this Agreement under any of the following circumstances:

1. The Recipient has made or makes any false warranty, representation, or statement with respect to this Agreement, any addendum or the application filed to obtain this Agreement;

2. The Recipient materially breaches this Agreement or any addendum, including but not limited to:
a. Fails to operate or maintain Project in accordance with this Agreement; b. Fails to submit timely Quarterly Progress/Expenditure Reports. c. Fails to remain in Good Standing (see Section B-34, below). d. The Recipient fails to maintain reasonable progress toward SCW Program Goals as described in Section 18.04 of the Code, following an opportunity to cure.
e. The Recipien t fails to maintain reasonable progress toward Project Completion.
f. Use of SCW Program Contributions for ineligible expenses and/or activities not consistent with the Agreement.
g. Inappropriate use of SCW Program Contributions, as deemed by the District Should an event of default occur, the District shall provide a notice of default to the Recipient and shall give the Recipient at least ten calendar days or such longer period as the District, in its reasonable discretion, may authorize, to cure the default from the date the notice is sent via first-class mail to the Recipient. If the Recipient fails to cure the default within the time prescribed by the District, the District may do any of the following:

1. Declare the SCW Program Contribution be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default.

2. Terminate any obligation to make future payments to the Recipient.

3. Terminate the Agreement.

4. Take any other action that it deems necessary to protect its interests. 63 January 17, 2023, City Council Meeting
Page No. 54
Regional Program
Agreement No. 2022RPUSGR03

The Recipient shall not be in default under this Agreement as a result of any breach of this Agreement by the Recipient that is the direct result of the District’s failure to make a SCW Program Contribution for any Fiscal Year. Under these circumstances the District may, in its reasonable discretion, terminate this Agreement by providing the Recipient with a written notice of termination. If this Agreement is terminated pursuant to this paragraph, the parties shall thereafter have no further obligations to each other in connection with the Funded Activity except that the Recipient's indemnification obligations shall survive the termination of this Agreement and continue in full force and effect.

B-15. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.

If t he matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties. All costs of the mediation, including mediator fees, will be paid one -half by the District and one -half by the Recipient. SCW Program Contributions shall not be used to pay for any costs of the mediation.

The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.

B-16. Final Inspection and Certification of Registered Professional Where the Funded Activity is an Infrastructure Program Project, upon completion of the design phase and before construction, the Recipient shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.

Where the Funded Activity is an Infrastructure Program Project, u pon completion of the Project, the Recipient shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with s ubmitted final plans and specifications and any modifications thereto and in accordance with this Agreement.

B-17. Force Majeure.

In the event that Recipient is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Recipient, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 64 January 17, 2023, City Council Meeting
Page No. 55
Regional Program
Agreement No. 2022RPUSGR03

B-18. Funded Activity Access
When the Funded Activity involves an Infrastructure Program Project the Recipient shall, upon receipt o f reasonable advance notice from the District, ensure that the District or any authorized representative of the foregoing, will have safe and suitable access to the site of the Funded Activity at all reasonable times through Activity Completion.

B-19. Funding Considerations and Exclusions

1. All expenditures of the SCW Program Contribution by Recipient must comply with the provisions of Chapters 16 and 18 of the Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.

2. SCW Program Contributions shall not be used in connection with any Funded Activity implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental En vironmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Funded Activity implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by th e State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Funded Activity implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

Recipient certifies that: (a) the Funded Activity is not being implemented as an ECA or SEP; (b) the Funded Activity is not being implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Cont rol Board, a Regional Water Quality Control Board, or any other regulatory authority; and (c) the Funded Activity is not being implemented pursuant to a TSO issued by the Los Angeles Regional Water Quality Control Board unless, at the time the TSO was issu ed, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

B-20. Indemnification
The Recipient shall indemnify, defend and hold harmless the District a nd their elected and appointed officers, agents, and employees from and against any and all liability and expense arising from any act or omission of the Recipient, its officers, employees, agents, or subconsultants or contractors in conjunction with Recip ient’s performance under or pursuant to this Agreement, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage.
65 January 17, 2023, City Council Meeting
Page No. 56
Regional Program
Agreement No. 2022RPUSGR03

B-21. Independent Actor
The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.

The Recipient shall not contract work with a cont ractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202) B-22. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Recipient, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.

B-23. Lapsed Funds

1. The Recipient shall be able to carry over uncommitted Special Parcel Tax funds for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Recipient.

2. If the Recipient is unable to expend the SCW Program Contribution within five (5) years from the end of the Fiscal Year in which those funds are transferred from the District to the Recipient, then lapsed funding procedures will apply.

Lapsed funds are funds that were transferred to the Recipient but were not committed to eligible expenditures by the end of the fifth (5 th) fiscal year after the fiscal year in which those funds were transferred from the District.

3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality or Watershed Area.

4. In the event that funds are to lapse, due to circumstances beyond the Recipient’s control, then the Recipient may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditur es. Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.

5. The decision to grant an extension is at the sole discretion of the District.

6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception.

7. Example:
66 January 17, 2023, City Council Meeting
Page No. 57
Regional Program
Agreement No. 2022RPUSGR03

Fiscal Year
Transferred
Funds Lapse
After
Extension
Request Due
Commit By
2022–23 6/30/2028 No later than
3/31/2028
No later than
6/30/2029

B-24. Modification
This Agreement may be amended or modified only by mutual written consent of the Board and Recipient.

B-25. Non-Discrimination
The Recipient agrees to abide by all federal, state, and County laws, regulations, and policies regarding non-discrimination in employment and equal employment opportunity.

B-26. No Obligation of the District
The District will transfer the SCW Program Contribution to the Recipient for the funding of the Funded Activity. The District will have no f urther obligation, other than to transfer the funds, with respect to the Funded Activity itself.

B-27. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of an y duty, covenant, obligation, or undertaking established herein
B-28. Notice

1. The Recipient shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Recipient; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.

2. The Recipient shall notify the District within ten (10) working days of any litigation pending or threatened against the Recipient regarding its continued existence, consideration of dissolution, or disincorporation.

3. The Recipient shall notify the District promptly of the following:
a. Any significant deviation from in the submitted scope of the Funded Activity for the current Fiscal Year, including discussion of any major changes to the scope of the Funded Activity, noteworthy delays in implementation, anticipated reduction in benefits, and/or modifications that change the SCW Program Goals intended to be accomplished by the Funded Activity. Under 67 January 17, 2023, City Council Meeting
Page No. 58
Regional Program
Agreement No. 2022RPUSGR03

no circumstances may the Recip ient make changes to the scope of the Funded Activity without receiving prior approval.
b. Cessation of work on the Funded Activity where such cessation of work is expected to or does extend for a period of thirty (30) days or more; c. Any circumstance, combinat ion of circumstances, or condition, which is expected to or does delay Activity Completion;
d. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Re cipient agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource. When the District is acting as the Lead Agency under CEQA for the Funded Activity, all work in the area of the find will remain suspended until the District has determined what actions should be taken to protect and preserve the resource and the Recipient agrees to implement appropriate actions as directed by the District;
e. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District;
f. Activity completion.

B-29. Public Records
The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Funded Activity records and locations are public records including, but not limited to, all of the submissions accompanying the application, all of the documents incorporated by reference into this Agreement, and all reports, disbursement requests, and supporting documentation submitted hereunder.

B-30. Recipient’s Responsibility for Work
The Recipient shall be responsib le for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project.

The District will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work.

B-31. Related Litigation
The Recipient is prohibited from usin g the SCW Program Contribution to pay costs associated with any litigation described in Section 16.05.A.3. of the Code. Regardless of 68 January 17, 2023, City Council Meeting
Page No. 59
Regional Program
Agreement No. 2022RPUSGR03

whether the Project or any eventual related project is the subject of litigation, the Recipient agrees to complete the Project funded by the Agreement or to repay all the SCW Program Contribution plus interest to the District.

B-32. Remaining Balance
In the event that the Recipient does not spend all the SCW Program Contribution disbursed for the Funded Activity , Recipient shall p romptly return the unspent SCW Program Contribution to the District.

B-33. Reporting
The Recipient shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Recipients shall report available data through the SCW Reporting Module, once available.

1. Quarterly Progress/Expenditure Reports. The Recipient shall submit Quarterly Progress/Expenditure Reports, using a format provided by the District, within forty-five (45) days following the end of the calendar quart er (March, June, September, and December) to the District. The Quarterly Progress/Expenditure Reports shall be posted on the District’s publicly accessible website. The Quarterly Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Percent overall Funded Activity completion estimate; c. Breakdown of how the SCW Program Contribution has been expended; d. Documentation that the SCW Program Contribution was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code; e. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to Exhibit A submission and corresponding metrics; f. Identification of any phases or tasks of the scope of w ork that were scheduled to be started or completed during the reporting period (according to the work schedule), but which were delayed, and a discussion of the reasons for the delay, and of lessons learned;
g. Scheduling concerns and issues encountered that may delay completion of the task;
h. Work anticipated for the next reporting period;
i. Any anticipated schedule or budget modifications;
69 January 17, 2023, City Council Meeting
Page No. 60
Regional Program
Agreement No. 2022RPUSGR03

j. Photo documentation (e.g. photos of community outreach events, stakeholder meetings, groundbreaking ceremonies, and project site that may be used on the publicly accessible District website) of the phases or tasks of the Project completed during the reporting period, as appropriate; k. Additional financial or project-related information as required by the District; l. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that the Project was conducted in accordance with Exhibit A;
m. Status of Recipient’s insurance; and
n. Description of post -performance for each completed infr astructure project is required after the first operational year and for a total of three years after the project begins operation. Post-performance reports shall focus on how each project is actually performing compared to its expected performance; whether the project is operated and maintained and providing intended benefits as proposed. A post-performance template will be provided by the District.

2. Quarterly Progress/Expenditure Reports shall be submitted to the District Program Manager no later than forty-five days following the end of the calendar quarter as follows:

Quarter End of Quarter Report Due
First Quarter September 15 November
Second Quarter December 15 February
Third Quarter March 15 May
Fourth Quarter June 15 August

3. Annually, a summary of the Quarterly Progress/Expenditure Reports shall be submitted to the Watershed Area Steering Committees to explain the previous year’s Quarterly Progress/Expenditure Reports by the Recipient. The summary report shall be submitted six (6) months after the close of the Fourth Quarter.

The summary report shall include:
a. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how funds have been allocated to achieve SCW Program Goals as articulated in Chapter 18.04 of the Code for the prior year. This includes comparisons to Exhibit A and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate graphical representation of pertinent data).
70 January 17, 2023, City Council Meeting
Page No. 61
Regional Program
Agreement No. 2022RPUSGR03

b. When the Funded Activity is an Infrastructure Program Project, include a description of how the County’s Local and Targeted Worker Hire Policy has been applied and enforced; or if the Recipient is a Municipality and has adopted its own policy, include a description of how its policy was applied and enforced.
c. Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, include a description of the final s core and Envision award level. Annually, the Recipient shall prepare and provide members of the public with up -to-date information on the actual and budgeted use of the SCW Program Contribution.

4. As Needed Information or Reports. The Recipient agrees to pr omptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.

B-34. Representations, Warranties, and Commitments
The Recipient represents, warrants, and commits as follows:

1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Recipient, has been duly authorized by the governing individual(s), board or body of Recipient, as applicable. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its te rms, except as such enforcement may be limited by law.

2. No Violations. The execution, delivery, and performance by the Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of t he date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Recipient is a party or by which the Recipient is bound as of the date set forth on the first page hereof.

3. No Litigation. There are no pending or, to the Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Recipient's ability to complete the Funded Activity.

4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Recipient. As of the date set forth on the first pa ge hereof, the Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due.
71 January 17, 2023, City Council Meeting
Page No. 62
Regional Program
Agreement No. 2022RPUSGR03

5. Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of California and will remain so through Activity Completion. The Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority through Activity Completion.

6. Insurance. The Recipient shall follow the Insurance Manual prepared by the Risk Management Office of the Los Angeles County Chief Executive Office. For Infrastructure Program Projects the Recipient shall provide General Lia bility, Automobile Liability, Worker’s Compensation and Employer’s Liability, Builder’s Risk Course of Construction Insurance, and Professional Liability as specified in the Insurance Manual: https://riskmanagement.lacounty.gov/wp- content/uploads/2019/06/Insurance-Manual-revised-May-2019.pdf B-35. Requirements for Good Standing
The Recipient must currently be in compliance with the District require ments set forth in this Agreement. The Recipient must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.

B-36. Requirements Related to Recipient's Contractors

1. The Recipient shall apply and enforce provisions mirroring those set forth in the then-current version of the County's Local and Targeted Worker Hire Policy (LTWHP) as to contractors performing work on such a Project. Alternatively, if the Recipient is a Municipality and has adop ted its own policy that is substantially similar to the LTWHP, the Recipient may, at its election, choose to apply and enforce the provisions of its own such policy as to contractors performing work on such a Project in lieu of the provisions of the LTWHP.

2. The Recipient shall apply and enforce provisions mirroring those set forth in Los Angeles County Code (LACC) Chapter 2.211 (Disabled Veteran Business Enterprise Preference Program), LACC, Chapter 2.204 (Local Small Business Enterprise Preference Program), LACC, Chapter 2.205 (Social Enterprise Preference Program), LACC, Chapter 2.203 (Contractor Employee Jury Service Ordinance), LACC Chapter 2.206 (Defaulted Tax Program), LACC, Chapter 2.200 (Child Support Compliance Program, LACC, Chapter 2.160 (County Lo bbyist Ordinance), Safely Surrendered Baby Law, and Zero Tolerance Policy on Human Trafficking, as to contractors performing work on such an Infrastructure Program Project, subject to statutory authorization for such preference program(s), and subject to a pplicable statutory limitations for such preference(s); and, furthermore, the Recipient shall take actions to promote increased contracting opportunities for Women-Owned Businesses on the Project, subject to applicable State or federal constitutional limitations.

3. The Recipient shall obtain all necessary approvals, entitlements, and permits required to implement the Project. Failure to obtain any necessary approval, 72 January 17, 2023, City Council Meeting
Page No. 63
Regional Program
Agreement No. 2022RPUSGR03

entitlement, or permit shall constitute a breach of a material provision of this Agreement.

4. With respect to a Project funded with SCW Program Contributions through the Regional Program, if the Project has an estimated capital cost of over twenty - five million dollars ($25,000,000),as adjusted periodically by the Chief Engineer in accordance with c hanges in the Consumer Price Index for all urban consumers in the Los Angeles area, or other appropriate index, a provision that the Infrastructure Program Project Developer for such a Project must require that all contractors performing work on such a Pro ject be bound by the provisions of: (1) a County -wide Project Labor Agreement (Community Workforce Agreement), if such an agreement has been successfully negotiated between the County and the Trades and is approved by the Board, or (2) a Project Labor Agreement ("PLA") mirroring the provisions of such Community Workforce Agreement.

5. With respect to a Project funded with SCW Program Contributions through the Regional Program, if one or more of the Municipalities that is a financial contributor to a Project ha s its own PLA, a provision that the Infrastructure Program Project Developer for the Project must require that contractors performing work on the Project are bound to such PLA. If more than one of the contributing Municipalities to a capital project has a PLA, the Project Developer shall determine which of the PLAs will be applied to the Project.

6. Payment Bond. Payment bonds for exceeding twenty-five thousand dollars are required. A payment bond is defined as a surety bond posted by a contractor to guarantee that its subcontractors and material suppliers on the Project will be paid.

7. Performance Bond. Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recip ient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issues pursuant to this paragraph must be is sued by a California-admitted surety. (Pub. Contract Code, 7103; Code Civ. Proc. 995.311.)

8. Prevailing Wage. The Recipient agrees to be bound by all the provisions of Sections 1771 and 1774 of the California Labor Code regarding prevailing wages and requires each of subcontractors to also comply. The Recipient shall monitor all contracts resulting from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The Recipient affirms that it is aware of the provisions of sect ion 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance, and the Recipient affirms that it will comply with such provisions before commencing the performance of the work under this 73 January 17, 2023, City Council Meeting
Page No. 64
Regional Program
Agreement No. 2022RPUSGR03

Agreement and will make it contractors and subcontractors aware of this provision .

9. Public Funding. This Funded Activity is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances.

B-37. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Recipient. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.

B-38. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

74 January 17, 2023, City Council Meeting
Page No. 65
Regional Program
Agreement No. 2022RPUSGR03

EXHIBIT C – SPECIAL CONDITIONS
[If the Recipient is a public agency]
C-1. The Recipient acknowledges and agrees that the Recipient is the "lead agency" regarding compliance with the California Environmental Quality Act (CEQA) in connection with the Funded Activity and shall be responsible for the preparation of all documentation, analysis and other work and any mitigation necessary to comply with CEQA in connection with the Funded Activity. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA.

C-2. Upon the completion of the documentation, analysis and othe r work necessary to comply with CEQA as described in section C -1, the Recipient shall promptly provide such documentation, analysis and work to the District. The Recipient acknowledges that the District is a Responsible Agency under CEQA in connection with the Funded Activity and that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has provided such documentation, analysis and other work to the District and the District has complied with its obligations as a Responsible Agency under CEQA.

C-3. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the State CEQA Guidelines or the NEPA.

C-4. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity, or portion thereof, will have one or more significant environmental impacts that cannot be feasibly mitigated, the Recipient shall promptly notify and consult with the District.

With the District's approval, the Recipient may determine to terminate or modify the implementation of all or any portion of the Funded Activity in order to avoid such environmental impacts.

C-5. In the event the parties, pursuant to the preceding paragraph, determine to terminate the implementation of the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Progr am Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the parties determine to terminate the implementation of a portion of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the 75 January 17, 2023, City Council Meeting
Page No. 66
Regional Program
Agreement No. 2022RPUSGR03

terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity not terminated. [If the Recipient is not a public agency]
C-1. The Recipient shall be responsible for the preparation of all documentation, analysis and other work including any mitigation, necessary to comply with the California Environmental Quality Act (CEQA) in connection with the Funded Activity. Environmental documentation prepared in connection with the Funded Activity will be subject t o the review and analysis of the District. Any decisions based on the documentation prepared by the Recipient will reflect the independent judgment of District. By entering into this Agreement, the District is not approving any activity that would be consi dered a project under CEQA and the Recipient acknowledges that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has prepared the documentation, analysis and other work necessary to comply with CEQA to the District's satisfaction.

C-2. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA.

C-3. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity or any portion thereof will have one or more significant environmental impacts that cannot be feasibly mitigated, the District, after consultation with the Recipient, may terminate the SCW Program Contribution for all or any portion of the Funded Activity or may request that the Funded Activity be modified in order to avoid such environmental impact(s).

C-4. In the event that the District terminates the SCW Program Contribution for the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no furt her obligation under this Agreement to implement the Funded Activity. In the event the District terminates the SCW Program Contribution for a portion on of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Pr ogram Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity for which the SCW Program Contribution was not terminated.

76 January 17, 2023, City Council Meeting
Page No. 67
Regional Program
Agreement No. 2022RPUSGR03

EXHIBIT D – ADDENDUM TO AGREEMENT
-DRAFT TEMPLATE-
ADDENDUM NO. ___ TO
TRANSFER AGREEMENT NO. _______________ BETWEEN

THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT

AND (INSERT PROJECT DEVELOPER)
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Addendum No. ___ to Transfer Agreement No. _______________, hereinafter referred to as “Addendum No. ___”, is entered into as of ____________________ by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and ___(Project Developer/Scientific Studies Applicant )____, hereinafter referred to as "Recipient."
WHEREAS, District and Recipient entered into Transfer Agreement No. _______________ , hereinafter referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District to Recipient for the implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on _______________;
WHEREAS, the Agreement provides for the disbursem ent of the SCW Program Contribution for the ________ Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Stormwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year;
WHEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year __________;
NOW, THEREFORE , in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

1. The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall apply to this Addendum No. ___.

2. Exhibit A to the Agreement is superseded and re placed by Exhibit A -1, attached hereto and incorporated herein as if fully set forth, and all references in the Agreement to Exhibit A shall hereafter be deemed to refer to Exhibit A-1.

3. The District shall disburse the SCW Program Contribution for the _ _________ Fiscal Year as described in the Budget Plan within ___ days of the execution of this Addendum by the last party to sign.
77 January 17, 2023, City Council Meeting
Page No. 68
Regional Program
Agreement No. 2022RPUSGR03

3. All terms and conditions of the Agreement shall remain in full force and effect including, but not limited to the followin g provisions related to compliance with the California Environmental Quality Act (CEQA).
78 January 17, 2023, City Council Meeting
Page No. 69
Regional Program
Agreement No. 2022RPUSGR03

IN WITNESS WHEREOF, this Addendum No. ___ has been executed by the parties hereto.
________(Recipient)_________:

By: ____________________________________
Name:

Title:

Date: __________________________________

LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:

By: ____________________________________
Name:

Title:

Date: __________________________________

79 January 17, 2023, City Council Meeting
Page No. 70
Regional Program
Agreement No. 2022RPUSGR03

EXHIBIT E – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT

PRACTICES
Nature-based solutions (NBS) refers to the sustainable management and use of nature for undertaking socio -environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upo n to further quantify NBS practices based on benefits derived from their incorporation on projects.

The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkw ay basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, c reating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may improv e water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.

Recipients are to consider using Nature-Based Solutions for infrastructure projects and include in each Quarterly Progress/Expenditure Report and annual summary whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Quarterly Progress/Expenditure Reports should include discussion on any considera tions taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class. Recipients must attach a copy of the matrix for each Project with the good, better, or best col umn indicated for each method, to facilitate District tracking of methods being utilized. Please refer to the table below.

For the most up to date guidance related to Nature Based Solutions, please refer to the Safe, Clean Water Program website (https://safecleanwaterla.org/)

80 January 17, 2023, City Council Meeting
Page No. 71
Regional Program
Agreement No. 2022RPUSGR03

METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of climate-
appropriate, eco-friendly
vegetation
(groundcover, shrubs,
and trees) / green space
5%-15% covered by
new climate-appropriate
vegetation
Use of native, climate-
appropriate, eco-friendly
vegetation
(groundcover, shrubs,
and trees) / green space
16%-35% covered by
new native vegetation
Establishment of plant
communities with a
diversity of native
vegetation
(groundcover, shrubs,
and trees) / green space
that is both native and
climate-appropriate
More than 35% covered
by new native
vegetation
Increase of
Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces
(e.g. permeable
pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil
health (e.g., compaction
reduction)

Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of well-
connected and self-
sustained natural
landscapes with healthy
soils, permeable
surfaces, and
appropriate vegetation
Protection of
Undeveloped
Mountains &
Floodplains
● Preservation of native
vegetation
● Minimal negative
impact to existing
drainage system
● Preservation of native
vegetation
● Installation of new
feature(s) to improve
existing drainage
system
● Creation of open green
space
● Installation of features
to improve natural
hydrology
Creation &
Restoration of
Riparian Habitat &
Wetlands
Partial restoration of
existing riparian habitat
and wetlands
Planting of climate
appropriate vegetation -
between 5 and 15
different climate-
appropriate or native
plant species newly
planted
No potable water used
to sustain the wetland
● Full restoration of
existing riparian habitat
and wetlands
● Planting of native
vegetation - between
16 and 30 different
native plant species
newly planted
● No potable water used
to sustain the wetland
● Full restoration and
expansion of existing
riparian habitat and
wetlands
● Planting of plant
communities with a
diversity of native
vegetation – greater
than 31 native plant
species newly planted
● No potable water used
to sustain the wetland
81 January 17, 2023, City Council Meeting
Page No. 72
Regional Program
Agreement No. 2022RPUSGR03

New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff
and filter pollution (e.g.
bioswales and parkway
basins), capturing the
85th percentile 24-hour
storm event from the
entire parcel
Large sized elements
that capture and treat
runoff to supplement or
replace existing water
systems (e.g. wetlands,
daylighting streams,
groundwater infiltration,
floodplain reclamation),
capturing the 90th
percentile 24-hour storm
event from the entire
parcel and/or capturing
off-site runoff

Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain
moisture in the soil and
prevent erosion
Planting of new climate-
appropriate vegetation
to enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil,
prevent erosion, and
support locally based
composting and other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance
soil organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially
use of next-generation
design with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the
soil, prevent erosion,
and support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance
soil organic matter

82 January 17, 2023, City Council Meeting
Page No. 73
Regional Program
Agreement No. 2022RPUSGR03

EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Recipient or approved Project operator shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.

1. Litter Control
• Regularly removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways.
• Regularly inspection and maintenance of pet waste stations • Maintaining trash receptacles
• Removal of trash, debris, and blockages from bioswales • Inspection and cleaning of trash booms
• Inspection of weir gates and stop logs to clean debris, as required.

2. Vegetation Maintenance
• Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine -type weeds, ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs)
o Regularly removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.
• Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth o Prevent encroachment of adjacent property and provide vertical clearance
o Inspect for dead or diseased plants regularly
• Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emerg ent plants in perennially wet and seasonal, intermittent habitats.
83 January 17, 2023, City Council Meeting
Page No. 74
Regional Program
Agreement No. 2022RPUSGR03

o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control
o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment
o Wildflower and meadow maintenance
o Grass, sedge, and yarrow management
o Removal of unwanted hydroseed

3. Wildlife Management
• Exotic species control
• Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species • Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration)
• Avoid disturbances to nesting birds
• Avoid spread of invasive aquatic species

4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs • Inspect facilities for hazardou s conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads) • Inspect shade structures for structural damage or defacement • Inspect hardscapes
• Inspect and maintain interpretive and informational signs • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks) • Maintain deck areas (e.g. benches, signs, decking surfaces) • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, p eriodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.

5. Irrigation System Management
• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water. o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers.
o Inspect and repair bubbler heads.
84 January 17, 2023, City Council Meeting
Page No. 75
Regional Program
Agreement No. 2022RPUSGR03

o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging.

Inspection and cleaning should occur at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation
• Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape
• Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems.
• Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content. • Use moisture sensing devices to determine water penetration in soil.

6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity • Inspect basins for erosion
• Take corr ective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.

7. Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation • Examine inflow and outflow st ructures to ensure devices are functioning properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise) • Checking telemetry equipment
• Tracking and reporting inspection and maintenance records

8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos
• Managing emergent vegetation
• Using hydraulic control structures to rapidly dewater emergent marsh areas • Managing flow velocities to reduce propagation of vectors

85 January 17, 2023, City Council Meeting
Page No. 76
Agenda Report

CITY OF LA VERNE

DATE: January 17, 2023
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manager
SUBJECT: Adoption of Resolution 23-04 Declaring a Local State of Emergency ______________________________________________________________________

SUMMARY

Due to the recent series of winter storms, and the project ed continuation of a heavier than normal winter storm pattern exhibiting “atmospheric river” conditions, it is recommended that the City Council declare a local State of Emergency to support emergency response and recovery efforts and gain potential financial assistance in case of localized impacts.

RECOMMENDATION

Staff recommends that Council:

1. A dopt Resolution 23-04 declaring a Local State of Emergency, and;

2. Authorize the City Manager to execute necessary agreements in support of local emergency response, recovery, and repair efforts for damage related to winter storms covered under the declaration.

DISCUSSION

On January 4, 2023, Governor Newsom proclaimed a State of Emergency and mobilized elements of the State government in advance on continued winter storms affecting the State.

The current series of storms began on December 27, 2022, related to a series of atmospheric river systems which have brought high wind, substantial rain amounts, and urban flooding across the State. The County of Los Angeles proclaimed a local State of Emergency on January 10, 2023 and follows the State’s proclamation. While limited damage to City structures have occurred to date, the continued saturation of local hillsides increases the potential for damage from flooding and rain events to public infrastructure to include buildings and public right-of-way. Accordingly, the local State of Emergency localizes the State and County action and prepares the City in case eligible costs from damage occur.

FISCAL IMPACT

Declaring a local State of Emergency allows the City to seek appropriate reimbursement from the State government to support emergency response and recovery efforts related to documented winter storm damage.

ATTACHMENTS

Resolution 23-04
86 January 17, 2023, City Council Meeting
Page No. 77
1 RESOLUTION NO. 23-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, PROCLAIMING THE EXISTENCE OF A LOCAL

EMERGENCY REGARDING WINTER STORM DAMAGES

WHEREAS, California Government Code section 8630, et seq., and Chapter 2.56, Section 2.56.050 of the La Verne Municipal Code provide that the City of La Verne Council may proclaim the existence of a local emergency when the City of La Verne is affected or likely to be affected by public calamity; and

WHEREAS, on January 4, 2023, Governor Newsom proclaimed a State of Emergency and mobilized elements of the State government in advance of continued winter storms affecting the State; and

WHEREAS, on January 10, 2023, the County of Los Angeles proclaimed a local State of Emergency due to the effects of the ongoing winter storms throughout the County affecting cities and residents; and

WHEREAS, the winter storms are fueled by a series of atmospheric river systems which have brought high wind, substantial rain amounts, and urban flooding across the State and resulted in a flood watch for La Verne and surrounding communities on January 9, 2023; and

WHEREAS, while limited damages to City structures have occurred to date, the continued saturation of local hillsides increases the potential for damage from flooding and rain events to public infrastructure to include buildings and public right-of-way;

WHEREAS,
the City Council has been requested by the Director of Emergency Services to proclaim the existence of a local emergency; and

WHEREAS, at least four additional storm events will impact the State and Los Angeles County in the immediate time frame; and

WHEREAS, the City's ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments is critical; and

WHEREAS, the City Council does hereby find the following:

1. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of La Verne;

2. That the conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency; and

WHEREAS, though the Response and Recovery phases of operation is still fluid, it is anticipated the response and recovery will be beyond the control of local resources and require the combined financial assistance and resources from the local, State and Federal agencies, and their partners; and

87 January 17, 2023, City Council Meeting
Page No. 78
2 Resolution No. 23-04
WHEREAS, The City of La Verne is requesting, in accordance with the California Disaster Assistance Act and the Stafford Act, financial Public Assistance to assist in response and recovery efforts, and expedited access to State resources and any other appropriate disaster relief programs.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout City of La Verne.

IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the threatened existence and actual existence of the local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by S tate law, by ordinances and resolutions of the City and approved by the City Council.

IT IS FURTHER PROCLAIMED AND ORDERED to ensure that City vendors are paid in a timely manner, the City Manager and the City Treasurer are authorized and directed to approve the claims and demands, make payments thereon, and finally to bring those claims and demands to the City Council at future meetings for ratification of the payments made.

IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Director of California Governor’s Office of Emergency Services requesting that the Director find it acceptable in accordance with State law; that the Governor waive regulations that may hinder response and recovery efforts; that response and recovery assistance be made available under the California Disaster Assistance Act and the Stafford Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.

IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of La Verne, State of California.

PASSED, APPROVED AND ADOPTED this 17
th day of January, 2023.

/S/ TIM HEPBURN
___________________________________
Mayor Tim Hepburn

ATTEST: APPROVED AS TO FORM:

/S/ LUPE GAETA ESTRELLA /S/ KIM HALL BARLOW
____________________________________ ________________________________ Lupe Gaeta Estrella, Assistant City Clerk Kim Hall Barlow, City Attorney

88 January 17, 2023, City Council Meeting
Page No. 79
3 Resolution No. 23-04

CERTIFICATION

I hereby certify that the foregoing Resolution No. 23-04, was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: /S/ LUPE GAETA ESTRELLA
_____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
89 January 17, 2023, City Council Meeting
Page No. 80
Agenda Report

CITY OF LA VERNE
Community Development Department

DATE:

January 17, 2023

TO:

Honorable Mayor and City Council

FROM:

Candice Bowcock, Principal Planner

SUBJECT:

Community Development Block Grant Program for 2023-2024 ______________________________________________________________________

SUMMARY

This is the 4 9th funding year for the Community Development Block Grant Program. According to the Los Angeles County CDBG Bulletin, t he City of La Verne will be allocated approximatel y $156,474 in Community Development Block Grant (CDBG) funds.

RECOMMENDATION

It is recommended that the City Council:

1. Conduct a Public Hearing re garding the allocation of the 2023- 24 Communi ty Development Block Grant funds; and,

2. Adopt Resolution 23-03 approving the proposed projects for funding.

DISCUSSION

The City of La Ver ne will be eligible to receive an estimated $156,474 in Community Development Block Grant (CDBG) funds for fiscal year 2023-24.

The Community Development Department recommends the following allocation of the 2023- 2024 Community Development Block Grant (CDBG) funds as follows:

2023-2024 CDBG Allocation $156,474

Senior Hot Lunch Program $ 31,290
Sidewalk Repairs $ 58,000
Unallocated: $ 67,184

This recommendation is made after consideration of the federal allocation requirements and the desire to continue the existing public service program. The Community Development Department further recommends that the City Council approve Resolution No. 23-03 approving participation in the 2023-24 Community Development Block Grant Program with the County of Los Angeles.

Public service programs, according to a Community Development Commission regulation, may not exceed 20% of the yearly grant ($31,290) and each program must be funded a mi nimum of 90 January 17, 2023, City Council Meeting
Page No. 81
Agenda Report CDBG
City Council
January 17, 2023

Page 2 ends

$10,000. The Senior Hot Lunch Program has been operating successfully with CDBG funds for over 20 years. Staff is recommending that the CDBG be awarded to the Senior Lunch Program for the full 20%, by funding the full amount of $ 31,290 to the Seni or Lunch Program, it allows staff time ($7,500) to be billed to the project to successfully operate of the program.

As identified in previous years, due to expanding regulatory criteria, it is difficult for La Verne to find programs that will be deemed el igible, e.g . meeting the national objective of assisting low/moderate income persons.

One main challenge is the fact that there are no longer Census blocks within the city that qualify as 51% low/mod. This finding prohibits creating any programs that would qualify as having an area wide benefit within the community such as park improvements, street or alley improvements and public facility improvements. To qualify, programs would have to be restricted to “limited clientele” (elderly, abused, handicapped, low inc ome) and of these programs the City can only designate 20% of their allocation for public service programs. The City is required to fund programs with a minimum of 70% of the total City allocation benefiting low/moderate income persons.

Additionally, the City can no longer do public improvement projects due to the new HUD regulation that requires the re -certification of slum/blight areas. HUD has determined that redevelopment areas designated more than ten years prior must be re-designated before any funds can be expended.

The following are proposed for City Council consideration:

PUBLIC SERVICE PROGRAM – SENIOR HOT LUNCH PROGRAM
This year, staff recommends that the Senior Hot Lunch Program, which has been funded for the past several years, be continued and funded a total of $23, 790 with an additional $7, 500 to cover the administrative costs. Staff cannot recommend funding or the creation of any additional new public service programs due to the limi ted fu nds available. Based on the current year allocation, the maximum amount that can be used for public service programs is $31,290.

SIDEWALK REPAIRS
In previous years, the City Council typically allocates $58,000, for the sidewalk repair program that would provide for removal of architectural barriers on damaged sidewalks for approximately 30 locations throughout the City. Staff is asking that the City Council approve these funds again with $8,000 allocated towards the administrative costs associated with the project.

UNALLOCATED FUNDS
The total unallocated funds that have rolled over from previous year s is $458,416. Adding the unallocated balance from 2023- 24, the total is $525,600. Staff is continuing to work with the Community Development Commission to allocate the remaining unallocated portion of the grant to benefit the City of La Verne.

ATTACHMENTS
Resolution No. 23-03

Submitted by:

Candice Bowcock, Principal Planner

91 January 17, 2023, City Council Meeting
Page No. 82
RESOLUTION NO. 23-03
A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF

LOS ANGELES, STATE OF CALIFORNIA, APPROVING PARTICIPATION IN THE

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND SELECTING CERTAIN PROJECTS FOR FUNDING IN THE FISCAL YEAR 2023 – 2024.

WHERE
AS, the City of La Verne participates in the Community Development Block Grant program through the Los Angeles County Urban County Program; and WHERE
AS, the County has indicated that the City of La Verne will be allocated approximately $156,475 in funds for projects which primarily benefit low and moderate income persons; and
WHERE
AS, a duly noticed public hearing was posted on January 3, 2023 for the purpose of receiving public input on projects for funding; NOW T
HEREFORE, the City Council of the City of La Verne DETERMINES AND DIRECTS as follows:

Section 1. S taff is instructed to submit the CDBG Program Planning Summary for approval to the Los Angeles County Community Development Commission with funding for the following programs in the specified amounts for fiscal year 2023-2024, as recommended in the staff report dated January 17, 2023:
2023-2024 CDBG Allocation $156,474
Senior Hot Lunch Program $ 31,290
Sidewalk Repairs $ 58,000
Unallocated: $ 67,184
Section 2. S taff is authorized to adjust the program budget as necessary to take into account the final CDBG allocation from the U.S. Department of Housing and Urban Development and any amounts remaining unspent at the close of the fiscal year.

Section 3. Th at the Mayor shall sign and the Assistant City Clerk shall attest to the passage and adoption of this Resolution.
92 January 17, 2023, City Council Meeting
Page No. 83
Resolution No. 23-03 2

Section 4. The City Manager shall be authorized to submit the application and to sign all necessary forms and agreements for implementing the programs.

PASSED, APPROVED AND ADOPTED this 17th day of January, 2023.

________________________________
Tim Hepburn, Mayor

ATTEST:

_____________________________________
Lupe Gaeta Estrella, Assistant City Clerk

CERTIFICATION

I hereby certify that the foregoing Resolution No. 22 -03 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 17 th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
93 January 17, 2023, City Council Meeting
Page No. 84

CITY OF LA VERNE

CITY COUNCIL AGENDA

Tuesday, January 17, 2023 - 6:30 p.m.

La Verne City Hall - Council Chambers,
3660 D Street, La Verne, CA 91750

Tim Hepburn, Mayor
Rick Crosby, Mayor Pro Tem
Wendy Lau, Council Member
Steve Johnson, Council Member
Meshal “Kash” Kashifalghita, Council Member

www.cityoflaverne.org
(909) 596-8726 - Phone
(909) 596-8740 - Fax
City Hall Council Chamber
3660 D Street
La Verne, CA 91750

AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 2

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL: Council Member
Meshal “Kash” Kashifalghita, Council Member Steven Johnson, Council Member Wendy Lau, Mayor Pro Tem Rick Crosby, and Mayor Tim Hepburn.

4. PRESENTATIONS

b. Presentation to Hillcrest Community - In November 2022, Hillcrest partnered with the La Verne Fire Department (LVFD) for the 30th Anniversary of Spark of Love Toy Drive.

5. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS (Any person who wishes to make a brief announcement of a future community event that is open to the general public may do so at this time.)
AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 3

a. City Council Minutes
for December 19, 2022, to be received and filed.

b. Register of Audited Demands in the amount of $942,970.70 dated December 15, 2022 and in the amount of $1,082,462.12 dated December 22, 2022, approval recommended by Finance Director Lopez.

Staff recommends that the City C ouncil reject the single bid received and direct staff to rebid the project at a future date.

AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 4

Renewal of the existing Smartlink Aircard software with new Smartlink sof tware is needed to continue efficiency, effectiveness and maintain the health and appearance of the landscape.

Staff recommends that the City Council authorize the renewal of Smartlink Aircards and software and authorize the appropriation of $90,773 for the purchase of Smartlink Aircards and Software.

Staff recommends that the City Council approve the Change Order amount of $23,842.86 required for the completion of re pairs for vessels 5 and 10 at Amherst Water Treatment Plant.

Staff recommends that the City approve the purchase of two (2) Dodge Ram 2500’s from Huntington Beach Chrysler Jeep.

AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 5

Staff recommends approval and passage of the following Resolutions:

1. Resolution No. 23 -01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

That the City Council approve Resolution No. 23 -01, designating Kimberly Hall Barlow as the City Attorney of the City of La Verne effective January 1, 2023.

2. Resolution No. 23 -02
- A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF

LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE

EXECUTION OF THE SAFE CLEAN WATER REGIONAL FUNDS TRANSFER

AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 6

3. Resolution No. 23 -04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

7. PUBLIC HEARINGS

Resolution No. 23 -03 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, APPROVING

PARTICIPATION IN THE COMMUNITY DEVELOPMENT

BLOCK GRANT PROGRAM AND SELECTING CERTAIN
PROJECTS FOR FU NDING IN THE FISCAL YEAR 2023 -
2024.

AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 7

10. CLOSED SESSION:

a. The City Council will meet in Closed Session pursuant to Government Code section 54956.8) for the following:

Conference with Real Property Negotiator

b. The City Council will meet in Closed Session pursuant to Government Code Section 54957.6 for the following:

Conference with Labor Negotiators.

Negotiators: City Manager, Assistant City Manager, and City Attorney

Employee Organization(s): La Verne City Employees Association, La Verne Police Officers’ Association, La Verne Police Middle Management Association and all unrepresented employees.

11. ADJOURNMENT

THENEXT REGULAR MEETING of the La Verne City Council
is scheduled for Monday, February 6, 2023, at 6:30 p.m.

AGENDA, La Verne City Council Meeting, Tuesday, January 17 2023, Page 8

ADVISORY STAFF

La Verne City CouncilJanuary 17, 2023

La Verne City Council
January 17, 2023